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Home My WebLink About04/14/2008 ClfJLillgton GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: April 14, 2008 9:30 A.M. COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) Minutes of a Regular Meeting of March 31, 2008 401 5. PRESENTATIONS (a) Ted Watson and Eric Brown, Regarding an update from the Durham Agricultural Advisory Committee 6. DELEGATIONS (List as of Time of Publication) 601 (a) Kerry Meydam, Regarding the need for Public Information Sessions on EFW and alternatives (b) Alf Huggins, Regarding request from Darlington Soccer Club for wavier of reduction of fees for the Bowmanville Indoor Soccer Facility (c) Jaison Gibson, Regarding readiness containers and emergency response public (d) Richard Ward, Regarding Taxes and Tax Billing 7. PUBLIC MEETINGS There are no Public Meetings scheduled. 8. PLANNING SERVICES DEPARTMENT (a) PSD-038-09 Monitoring of the Decisions of the Committee of Adjustment for the Meeting of March 27, 2008 801 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - April 14, 2008 (b) PSD-039-08 Newcastle Village Community Improvement Plan 807 (c) PSD-040-08 Orono Community Improvement Plan Amendment 826 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-018-08 Intersection of Wellington Street and George Street Bowmanville, Requested All-Way Stop 901 (b) EGD-019-08 Monthly Report on Building Permit Activity for March 2008 907 (c) EGD-020-08 Great Waterfront Trail Adventure 913 (d) EGD-021-08 Rob Piontek Skateboard Park - Donation From St. Marys 916 Cement (e) EGD-022-08 Site Alteration By-Law 918 1 O. OPERATIONS DEPARTMENT (a) OPD-004-08 Pitch-In Week Canada "Clarington Clean and Green" 1 001 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-005-08 Residential Sprinklers - Correspondence From City of 1101 Mississauga 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-008-08 Community Services Department - Financial Assistance 1201 Policy (b) CSD-009-08 Grant Request - Leigh McSwan, Miss Universe Canada 1213 2008 Pageant 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-013-08 Accessibility for Ontarians With Disabilities Act - 1301 Accessibility Standards for Customer Service (Ontario Regulation 429/07) (b) CLD-O 14-08 Cat and Dog Licensing - Agricultural Rate Category 1314 (c) CLD-O 15-08 Green Community Advisory Committee - Selection of the 1319 Chair G.P. & A. Agenda - 3 - April 14, 2008 14. CORPORATE SERVICES DEPARTMENT (a) COD-021-08 Co-Operative Tender W02-2006, Supply, Delivery and Application of Calcium/Magnesium Chloride (b) COD-023-08 First Impressions Community Exchange Tourism Assessment (c) COD-024-08 CL2008-11, Asphalt Resurfacing Contract 1 (d) COD-025-08 CL2008-9, Sidewalk Rehabilitation, Various Locations 15. FINANCE DEPARTMENT 1401 1405 1409 1418 (a) FND-010-08 2008 Municipal Road and Bridge Infrastructure Investment 1501 16. CHIEF ADMINISTRATIVE OFFICE No Reports 17. UNFINISHED BUSINESS (a) PSD-041-08 Zoning By-Law Amendment and Draft Plan of Subdivision 1701 to Permit the Development of 1300 Residential Units Applicants: Baysong Developments Inc., 2084165 Ontario Ltd., Kirk Kemp and Douglas Kemp (Northglen West) 18. OTHER BUSINESS 19. COMMUNICATIONS (a) Memo from the Municipal Clerk, Regarding Appointments to the Samuel 1901 Wilmot Nature Area Management Advisory Committee and the Accessibility Advisory Committee 20. ADJOURNMENT CI~mgton General Purpose and Administration Committee Minutes March 31, 2008 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 31, 2008 at 9:30 a.m., in the Council Chambers. ROLL CALL Present 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 Engineering Services, 1. Cannella Director of Community Services, J. Caruana 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 Councillor Foster indicated that he would be stating a pecuniary interest with respect to Report PSD-034-08. ANNOUNCEMENTS Mayor Abernethy announced to the Committee that on Friday, March 28, 2008 he received notice from David Caplan, Minister of Public Infrastructure Renewal, that the Municipality of Clarington will be receiving $2,365,780.00 for a one time only grant to be applied towards the Newcastle Library. On behalf of the Municipality of Clarington Mayor Abernethy thanked the Ontario Government and Minister Caplan for the grant. 401 General Purpose and Administration Committee Minutes March 31, 2008 Councillor Novak announced to the Committee that she had the opportunity to give greetings from the Municipality at the OMHA Under Armour Hockey Tournament. She attended the Health Matters Wellness Expo hosted by the Clarington Older Adults Association on Saturday, March 29th, at Beech Centre and reported that it was well attended but that the parking issue was a major concern. She stated that Earthday apparently showed more than 5% savings in the Clarington area expects details to be released soon. Councillor Hooper informed the Committee that he attended the Health Matters Wellness Expo hosted by the Clarington Older Adults Association. As well he advised that the Clarington Older Adults Association will be hosting a Variety Show on Saturday, April 5, 2008. Councillor Hooper thanked Council, Staff, Emergency Service personnel, Durham Regional Police and the media for their support regarding the unfortunate event that occurred last Tuesday at their family store. Councillor Woo informed the Committee that he and Councillor Trim attended the Well Wise Awareness fair in Orono. He stated that it was well attended and he encouraged the other Members of Council to see the projects submitted by the students. He attended the Men's Breakfast on Saturday which was held in Orono where Councillor Gord Robinson was the guest speaker. He was able to attend an open house at a dairy farm owned by Vicky and Scott Carson where they demonstrated their new state-of-the- art machinery. Councillor Woo stated the Memorial Hospital Foundation Bowmanville has received approval from the Central East Local Health Integration Network (LHIN) for the proposed redevelopment of the Emergency Services at the Bowmanville Hospital. Mayor Abernethy will be attending the schools to sit and discuss with the students the submission brought forward at the Well Wise Awareness fair and extended the invitation to any Councillor to join him. MINUTES Resolution #GPA-222-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on March 17,2008, be approved. CARRIED - 2 - 402 General Purpose and Administration Committee Minutes March 31, 2008 PRESENTATIONS Chris Hamel, KMK and Richard Tindall, Region of Durham addressed the Committee regarding the draft recommendations from the Region of Durham for the Water and Wastewater 25 year Master Plan. Mr. Hamel provided the Committee of the recommended Water and Wastewater servicing strategies as well as the status of the projects relating to the Master Plan. He stated the final rounds of Public Information Centres were scheduled to be completed in March in all eight local Municipalities. He informed the Committee of the population and employment forecasts as well as the evaluation of servicing strategies to 2021 which were reviewed by the Region of Durham. He spoke in depth of Clarington's servicing needs regarding water and wastewater, the overview of Clarington's servicing needs and the long term visioning for Clarington. Orono will remain on the ground water supply. The expansion of the Courtice water system is to be coordinated with the Oshawa and Whitby in 2011 - 2012. Bowmanville water supply expansion is scheduled for 2018 with wastewater expansion in 2011. Newcastle water supply expansion is scheduled for 2013 with the wastewater expansion in 2014. He outlined the next steps the Region will be taking, such as consideration of comments from the Stakeholders Advisory Committee and the Public Information Centres consultation process, completion of any refinements to the recommended servicing strategies, completion of the final documentation of the Water and Wastewater Master Plan. DELEGATIONS Jaison Gibson addressed the Committee regarding the roll that Clarington can play when it comes to educating children about nature. He suggested that the current trail system could be expanded to a winding system along streams and farms marked with plaques to describe animals and vegetation found in the area. He would like to see the trail become educational and similar to the Bruce Trail but on a smaller scale. This would give the younger generation a greater understanding of nature. He stated that Clarington is a beautiful area and we should protect and maintain it. Mr. Gibson informed the Committee that his family farm has been a no hunting area for quite some time which has resulted in a large variety of wild animals which congregate on their property. He would like to see more farms become involved in educating the younger generation by making their farms more accessible and educational. Carol Davidson addressed the Committee regarding the vacant space at the Rickard Recreation Complex, formerly Total Hockey. Ms. Davidson asked that the Committee to consider using this space as a Theatre/Auditorium. Ms. Davidson confirmed they had not undertaken a feasibility study as they do not have the necessary funds. Valerie Cranmer addressed the Committee regarding Report PSD-035-08. Ms. Cranmer informed the Committee that her client is in agreement with the recommendations contained in the Report and would like to see the Committee recommend the report for approval at the next Council meeting. Ms. Cranmer confirmed there would be no vehicles parked on the road; the proposed facility is the - 3 - 403 General Purpose and Administration Committee Minutes March 31,2008 second stage and vehicle fluids would be drained from collision vehicles; an engineered gravel collection process will be in place; approximately 70% of vehicles will be collision; and there will be no dismantling on site. Kevin Tunney advised the Committee that he would defer his comments regarding Report PSD-036-08 and Report PSD-037 -08 to the next Council meeting. Nick Mensink stated he was withdrawing as a delegation and would defer his comments regarding Reports PSD-036-08 and PSD-037 -08 to the Council meeting. Resolution #GPA-223-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the Agenda be altered to allow for the Public Meeting pertaining to Report PSD-034-08 to be heard before the Public Meeting pertaining to Report PSD-033-08. CARRIED Councillor Foster chaired this portion of the meeting. Resolution #GPA-224-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the Committee recess for ten minutes. CARRIED The meeting reconvened at 11 :20 a.m. PUBLIC MEETING (a) Subject: Report: Proposal to Convey an Unopen Road Allowance Situated in Lot 28, Concession 5, Former Township of Clarke EGD-011-08 No one spoke in opposition to or support of Report EGD-011-08. Dennis Ebbs, property owner adjacent to the subject lands, addressed the Committee regarding the staff decisions contained in Report EGD-011-08. Mr. Ebbs would like to have the opportunity to negotiate the cost of the land situated in Lot 28, Concession 5. Mr. Ebbs informed the Committee that he has incurred financial costs related to the vacant land and was not aware of the easement for Bell Canada. He stated that if he is not able to purchase the property this may have detrimental effects on the selling of the property as he would not be allowed to create a driveway for his property. Mr. Ebbs believes $10,000.00 is too high a price for the property. -4- 404 General Purpose and Administration Committee Minutes March 31, 2008 Councillor Novak chaired this portion of the meeting. (b) Subject: Applicant: Report: An Application to Amend the Clarington Zoning By-Law Dave Miura PSD-031-08 Tracey Webster, Planner, Planning Services Department, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-031-08. No one spoke in opposition to or support of Report PSD-031-08. Dave Muira , the applicant, was in attendance. He informed the Committee that he purchased the property 3 ~ years ago and does not want to wait to see if the property will be rezoned this summer as they need to start building now; waiting would delay construction. He has read Report PSD-031-08 and is comfortable with the recommendations. (c) Subject: An Application to Amend the Clarington Zoning By-Law and for Proposed Draft Plan of Subdivision 829426 Ontario Inc. (The Kaitlin Group Ltd.) PSD-032-08 Applicant: Report: Tracey Webster, Planner, Planning Services Department, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-032-08. No one spoke in opposition to or support of Report PSD-032-08. Kelvin Whalen, Kaitlin Group was present on behalf of the applicant. He stated the applicant is in support of the recommendations contained in Report PSD-032-08. (d) Subject: An Application to Amend the Clarington Zoning By-Law Applicant: Arnold Geisberger Report: PSD-034-08 Tracey Webster, Planner, Planning Services Department, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-034-08. No one spoke in opposition to or support of Report PSD-034-08. Ronald. F. Worboy, Solicitor for the applicant, was in attendance. He informed the Committee the applicant fully endorses the recommendations contained in Report PSD-034-08. - 5 - 405 General Purpose and Administration Committee Minutes March 31,2008 (e) Subject: Applicant: Report: Proposed Street Name Change Municipality of Clarington PSD-033-08 No one spoke in opposition to or support of Report PSD-033-08. PLANNING SERVICES DEPARTMENT PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A SINGLE DETACHED DWELLING APPLICANT: DAVE MIURA Resolution #GPA-225-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-031-08 be received; THAT the application to amend the Zoning By-law 84-63 and Zoning By-law 2005-109 to permit a single detached dwelling be approved and that the proposed Zoning By-laws contained in Attachment 3 and Attachment 4 to Report PSD-031-08 be passed; and THAT the applicant, Region of Durham, Municipal Property Assessment Corporation, all interested parties listed in Report PSD-031-08, and any delegations be advised of Council's decision. CARRIED APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: 829426 ONTARIO INC. (The Kaitlin Group) Resolution #GPA-226-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-032-08 be received; THAT the applications for a proposed Plan of Subdivision and amendment to the Zoning By-law, submitted by 829426 Ontario Inc. (The Kaitlin Group) to permit the development of two blocks for 250 residential condominium apartment units continue to be processed including the preparation of a subsequent report; and THAT the applicant, Region of Durham, all interested parties listed in Report PSD-032-08 and any delegations be advised of Council's decision. CARRIED - 6 - 406 General Purpose and Administration Committee Minutes March 31, 2008 RECOMMENDED STREET NAME CHANGE FOR LAMBERT STREET, SOUTH OF QUEEN STREET Resolution #GPA-227 -08 Moved by Councillor Trim, seconded by Councillor Woo THAT Report PSD-033-08 be received; THAT the by-law to amend By-law 86-112, being the Street Name Map and Street Name Inventory, as contained in Attachment 2 to Report PSD-033-08, be approved; THAT a copy of Report PSD-033-08 and Council's decision be forwarded to the Durham Regional Police and the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-033-08 and any delegations be advised of Council's decision. CARRIED Councillor Foster stated a pecuniary interest with respect to Report PSD-034-07 as the applicant is a member of his wife's congregation. Councillor Foster refrained from discussions and voting on this matter. PROPOSED ZONING BY-LAW AMENDMENT TO FACILITATE THE SEVERANCE OF A SURPLUS FARM DWELLING APPLICANT: ARNOLD GEISBERGER Resolution #GPA-228-08 Moved by Councillor Hooper, seconded by Mayor Abernethy THAT Report PSD-034-08 be received; THAT the rezoning application submitted by Arnold Geisberger be approved and that the proposed Zoning By-law contained in Attachment 2 to Report PSD-034-08 be passed; and THAT the applicant, Region of Durham, Municipal Properties Assessment Corporation, all interested parties listed in Report PSD-034-08, and any delegations be advised of Council's decision. CARRIED -7 - 407 General Purpose and Administration Committee Minutes March 31, 2008 APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY- LAW TO PERMIT AN INCREASE IN OUTDOOR STORAGE FOR AN INDUSTRIAL (AUTO AUCTION) USE APPLICANT: IMPACT AUTO AUCTIONS LTD. Resolution #GPA-229-08 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-035-08 be received; THAT Amendment No. 61 to the Clarington Official Plan be approved as shown in Attachment 3 to Report PSD-035-08 to permit an increase in outdoor storage from 50% to 70% as proposed by the application submitted by Impact Auto Auctions Ltd., and that the necessary adopting By-law (Attachment 4 to Report PSD-035-08) be passed; THAT the application to amend the Zoning By-law 84-63 submitted by Impact Auto Auctions Ltd. be approved and that the amending By-law contained in Attachment 5 to Report PSD-035-08 be passed; THAT the Mayor and Clerk be authorized by by-law to execute the Option Agreement between Impact Auto Auctions Ltd. and the Municipality of Clarington substantially in the form as contained in Attachment 6 to Report PSD-035-08; THAT a copy of Report PSD-035-08, Official Plan Amendment No. 61, and Amending Zoning By-law be forwarded to the Durham Region Planning Department and Municipal Property Assessment Corporation; and THAT the Region of Durham, the applicant and all interested parties listed in Report PSD-035-08, and any delegations be advised of Council's decision and be forwarded the Notice of Adoption. CARRIED AS AMENDED (See following motion) Resolution #GPA-230-08 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the foregoing Resolution #GPA-230-08 be amended to add "THAT the By-law contained in Attachment 5 to Report PSD-035-08, as amended to add the word "roadworthy" immediately before "motor vehicles" in the Definition of Auto Auction Establishment, being in Section 1 paragraph 3, be passed." CARRIED The foregoing Resolution #GPA-230-08 was then put to a vote and carried as amended. - 8 - 408 General Purpose and Administration Committee Minutes March 31, 2008 ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 1300 RESIDENTIAL UNITS APPLICANTS: BAYSONG DEVELOPMENTS INC., 2084165 ONTARIO LTD., KIRK KEMP AND DOUGLAS KEMP (NORTHGLEN WEST) Resolution #GPA-231-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-036-08 be referred to the next General Purpose Administration Meeting to enable Staff to address outstanding issues. CARRIED ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 364 RESIDENTIAL UNITS APPLICANTS: KIRK KEMP, DOUGLAS KEMP, HELEN KEMP, ROBERT CARRUTHERS AND PATSY CARRUTHERS (NORTHGLEN EAST) Resolutuon # GPA-232-08 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-037 -08 be referred to the next General Purpose Administration Meeting to enable Staff to address outstanding issues. CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT PROPOSAL TO CONVEY AN UNOPEN ROAD ALLOWANCE SITUATED IN LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE Resolution #GPA-233-08 Moved by Councillor Novak, seconded by Councillor Woo THAT Report EGD-011-08 be received; THAT the unopen road allowance situated in Lot 28, Concession 5, Former Township of Clarke be closed and declared surplus and that the road allowance be conveyed to Mr. Dennis Ebbs, subject to the condition that an easement is granted to Bell Canada; - 9 - 409 General Purpose and Administration Committee Minutes March 31, 2008 THAT the applicant pays the appraised land value of $10,000.00 as well as all legal and other financial costs associated with the creation of an easement in favour of Bell Canada and with the proposed land transaction; and THAT Mr. Dennis Ebbs be advised of Council's decision. CARRIED BEECH AVENUE ROAD RECONSTRUCTION PUBLIC INFORMATION CENTRE Resolution #GPA-234-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report EGD-016-08 be received; THAT design proceed based on the comments received and the conditions outlined in the Heritage Conservation District Plan for Beech Avenue; THAT the reconstruction of Beech Avenue proceed to construction following a subsequent meeting with the Heritage Conservation District Plan Committee; and THAT all those who attended the Public Information Centre and who have contacted the Municipality be informed of Report EGD-016-08. CARRIED AMENDING AGREEMENT OF UNDERSTANDING FOR SPRINGFIELD MEADOWS III 708545 ONTARIO LIMITED (GERANIUM HOMES) Resolution #GPA-235-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-017-08 be received; THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Amending Agreement of Understanding with 708545 Ontario Limited (Geranium Homes) for the fill and grading works and the erosion and sedimentation control works on the east side of Prestonvale Road in Springfield Meadows (18T -95028); THAT Council approve the by-law attached to Report EGD-017-08 to confirm its decision to enter into the Amending Agreement of Understanding with 708545 Ontario Limited (Geranium Homes); and -10 - 410 General Purpose and Administration Committee Minutes March 31, 2008 THAT 708545 Ontario Limited (Geranium Homes) be notified of Council's decision and that the Amending Agreement of Understanding be forwarded to them for execution once it has been drafted to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor. CARRIED Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT RAILWAY GRADE IMPROVEMENTS, DARLINGTON PARK ROAD COURTICE, AUTHORIZING BY-LAW FOR THE EXECUTION OF AN AGREEMENT BETWEEN CANADIAN NATIONAL RAILWAY AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Resolution #GPA-236-08 Moved by Councillor Novak, seconded by Councillor Woo THAT Report OPD-003-08 be referred back to staff for further review. CARRIED EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT TOTAL HOCKEY FLOOR SPACE Resolution #GPA-237-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CSD-007-08 be received; and THAT staff be directed to issue a Request for Proposal to lease the space vacated by Total Hockey, located at the Garnet B. Rickard Recreation Complex. CARRIED AS AMENDED (See following motion) - 11 - 411 General Purpose and Administration Committee Minutes March 31, 2008 Resolution #GPA-238-08 Moved by Councillor Trim, seconded by Mayor Abernethy THAT the foregoing Resolution #GPA-237-08 be amended to add "provided that the CAO confirms in writing that there is no immediate need for this space for staff." CARRIED The foregoing Resolution #GPA-237-08 was then put to a vote and carried as amended. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT APPOINTMENT OF A PART -TIME PARKING ENFORCEMENT OFFICER Resolution #GPA-239-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report CLD-011-08 be received; THAT the by-law attached to Report CLD-011-08 be forwarded to Council for approval; and THAT Matthew Jessup be advised of Council's actions. CARRIED APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICER - ANIMAL SERVICES Resolution #GPA-240-08 Moved by Councillor Woo, seconded by Councillor Trim THAT Report CLD-012-08 be received; THAT Chad Wubbolt be appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington; THAT the by-law attached to Report CLD-012-08 be forwarded to Council for approval; and THAT Chad Wubbolt be advised of Council's actions. CARRIED -12 - 412 General Purpose and Administration Committee Minutes March 31,2008 Mayor Abernethy Chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CL2008-3, SUPPLY AND DELIVERY OF HIGH PERFORMANCE PERMANENT COLD PATCH Resolution #GPA-241-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-013-08 be received; THAT Innovative Surface Solutions Canada, Ajax, Ontario with a total bid in the amount of $1 04,328.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2008-3, be awarded the contract to supply and deliver High Performance Permanent Cold Patch as required by the Municipality of Clarington; and THAT the funds required be provided from the Operations Department Current Budget in the amount of $104,328.00 be drawn as follows: a. $60,000.00, from Pavement Patching Account #100-36-381-10255-7112; and b. the remaining funds in the amount of $44,328.00 be drawn from the Pavement Resurfacing account #100-36-381-10250-7163. CARRIED CL2007-47, KENDAL KITCHEN CONSTRUCTION Resoultion #GPA-242-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-O 15-08 be received; THAT Kraco Carpentry Service Limited, Bowmanville, Ontario with a total bid in the amount of $85,100.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007-47, be awarded the contract to supply Kendal Kitchen Construction as required by the Municipality of Clarington; and THAT funds required in the amount of $85,100.00 be drawn as follows: a) THAT funds required in the amount of $75,000.00 be drawn from the Kendal Community Centre Kitchen Project account #100-00-000-02150-2015 (Trillium Grant); - 13 - 413 General Purpose and Administration Committee Minutes March 31,2008 b) THAT funds in the amount of $10,000.00 be provided by the Kendal Community Centre Board and be forwarded to the Municipality of Clarington before the kitchen construction is completed; and c) THAT funds in the amount $100.00 be drawn from the Building Services Renovation/Construction account #100-36-370-10115-7501. CARRIED CL2008-4, CULVERT AND BRIDGE IMPROVEMENT Resoultion #GPA-243-08 Moved by Councillor Trim, seconded by Councillor Woo THAT Report COD-020-08 be received; THAT Ron Robinson Limited, Bowmanville, Ontario with a total bid in the amount of $163,512.81 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2008-4 be awarded the contract for Culvert and Bridge Improvements as required by the Operations Department; THAT funds required in the amount of $215,000.00 (which includes $163,512.81 tendering plus consulting, contingencies and previously committed amount for Port Granby Bridge Repair) be drawn as follows: a. $96,000.00, Bridge Improvements, 2006 Capital Budget Account # 110-36-330-83638-7401, b. $33,000.00, Bridge Improvements, 2007 Capital Budget Account # 110-36-330-83638-7401, and c. THAT the remaining funds in the amount of $86,000.00 for bridge and culvert improvements be drawn from Guide Beam Installations, 2008 Capital Budget Account 110-36-330-83639-7401; and THAT the attached By-law marked Schedule "An to Report COD-020-08 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED -14 - 414 General Purpose and Administration Committee M i n utes March 31, 2008 FINANCE DEPARTMENT BUILDING PERMIT FEES ANNUAL REPORT Resoultion #GPA-244-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report FND-008-08 be received for information; and THAT existing building division fees be confirmed with no change required. CARRIED MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES FOR 2007 Resoultion #GPA-245-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report FND-009-08 be received for information. CARRIED CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS PRESENTATION - CHRIS HAMEL & RICHARD TINDALL - DRAFT RECOMMENDATION FROM THE REGION OF DURHAM FOR WATER AND WASTEWATER MASTER PLAN Resolution #GPA-246-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the presentation of Chris Hamel and Richard Tindall, KMK, regarding the draft recommendations from the Region of Durham for Water and Wastewater Master Plan be received with thanks. CARRIED - 15 - 415 General Purpose and Administration Committee Minutes March 31, 2008 DELEGATION - JAISON GIBSON - WILMOT CREEK ART & TOURISM CONCEPT - NATURE PARK SYSTEM Resolution #GPA-247-08 Moved by Councillor Foster, seconded by Councillor Woo THAT the delegation of Mr. Jaison Gibson be received with thanks. CARRIED OTHER BUSINESS LEGAL COSTS Resolution # GPA-248-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Staff prepare a report to be presented to the General Purpose and Administration Committee outlining all legal works performed for the Municipality in 2007, addressing the following: . Breakdown by Department . Advanced legal approvals for each project/item . Hourly rate charged . Hours invoiced . Final authorization of payment CARRIED COMMUNICATIONS There were no matters dealt with under this section of the agenda. ADJOURNMENT Resolution #GPA-249-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 1 :37 p.m. CARRIED MAYOR DEPUTY CLERK - 16 - 416 DRAFT LIST OF DELEGATIONS GPA Meeting: April 14, 2008 (a) Kerry Meydam, Regarding the need for Public Information Sessions on EFW and alternatives (b) Alf Huggins, Regarding request from Darlington Soccer Club for wavier of reduction of fees for the Bowmanville Indoor Soccer Facility (c) Jaison Gibson, Regarding readiness containers and emergency response public~ (d) Richard Ward, Regarding Taxes and Tax Billing 601 CJ{Jlpn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, April 14,2008 Report #: PSD-038-08 File No's: A2008-0006, A2008-0007 and By-law #: A2008-0008 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 27, 2008. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-08 be received; and, 2. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on March 27, 2008, for application A2008-0008, is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. 3. THAT Council concurs with the decisions of the Committee of Adjustment made on March 27, 2008 for applications A2008-0006 and A2008-0007, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: David . rome, M.C.I.P., R.P.P. Direct of Planning Services c)~~~ Reviewed by: Franklin Wu, Chief Administrative Officer MK*CP*DC*sh April 4, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 801 REPORT NO.: PSD-038-08 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 MARCH 27, 2008 A2008-0008 Den Decision of Committee A rove A rove with conditions Approve in part with conditions A Iication Number A2008-0006 A2008-0007 Staff Recommendation A rove A rove with conditions 1.2 Application A2008-0006 was filed to permit the reduction of front yard setback to a private garage from 6.0 metres to 5.7 metres for an existing dwelling. Staff recommended approval of this application and the Committee's decision concurred with Staff recommendations. 1.3 Application A2008-0007 was filed to permit the construction of a single detached dwelling with an attached garage projecting in front of the dwelling 8.5 metres, instead of the maximum permitted 3 metres. Staff recommended approval of this application subject to conditions, as the requested garage projection of 8.5 metres from the front of the dwelling is to allow for the construction of an attached garage. The application is for a custom designed house with a garage located in front of the dwelling having the vehicular garage doors facing the side lot line, rather than the street. The side of the garage facing the street will have 3 windows and provide an attractive streetscape. The Committee concurred with Staff recommendations and imposed the following conditions: . That the applicant meets all of the normal municipal requirements prior to the issuance of a building permit; and . That the vehicular doors of the garage face either side lot line, but not the front property line (Prestonvale Road). 1.4 Application A2008-0008 was filed to permit the construction of an accessory structure (shed) by reducing the minimum required setback to the main building from 1.2 metres to 0.45 metres and to reduce the required easterly side yard setback from 1.2 metres to 0.35 metres. Staff recommended denial of this application. The Committee weighed Staffs opinion against the information presented by the applicant and decided to approve the 802 REPORT NO.: PSD-038-08 PAGE 3 application. The information presented by the applicant illustrated how the existing landscaping (interlocking porch) and the location of the existing window of the house were factors which would make it difficult for the shed to be moved further from the fence in its current location. The Committee decided to permit a 0.35 metre easterly side yard setback and require a 0.6 metre setback from the shed to the main building subject to the following conditions: · That any future buildings in this location be no taller or no greater in size than the current existing shed; and · That the shed be moved 0.6 metres from the dwelling within 90 days The limitations on the size of future accessory structures on the property was included in the conditions so that the construction of a larger shed with a greater height would not be permitted 0.35 metres from the fence and 0.6 metres from the dwelling. The Committee believes that the reduced setbacks would not be appropriate for a larger structure in this location. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions for application A2008-0008. Although Staff did not support a reduction of the easterly interior side yard setback of 0.35 metres, after discussing Committee's decision with Building and Engineering Services staff it is recommended not to appeal the decision. The approved 0.35 easterly interior side yard setback will not create significant drainage issues or significant building issues, and the conditions imposed ensure that a larger structure is not constructed in this location. Therefore, Staff believes an appeal by the Municipality for the decision made by the Committee of Adjustment on March 27,2008 for application A2008-0008 is not warranted. However, should a third party appeal be received on this application staff would support their original recommendation. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2008-0006, A2008-0007 and A2008-0008 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 803 Attachment 1 To Report PSD-038-08 CJN.ilJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SHAWN VAN ANDEL MARY BADEAU PROPERTY LOCATION: 2361 PRESTONVALE ROAD, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2008-0006 FILE NO.: PURPOSE: TO PERMIT THE REDUCTION OF THE MINIMUM REQUIRED FRONT YARD SETBACK TO A PRIVATE GARAGE FROM 6 METRES TO 5.7 METRES. DECISION OF COMMITTEE: TO APPROVE THE REDUCTION OF THE MIN REQUIRED FRONT YARD SETBACK TO A PRIVATE GARAGE FROM 6 METRES TO 5.7 METRES AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW, MEETS THE INTENT OF THE OFFICIAL PLAN IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: March 27,2008 LAST DAY OF APPEAL: April 16, 2008 804 Cl!Jlpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SHAWN VAN ANDEL KIM ENGEL PROPERTY LOCATION: 2310 PRESTONVALE ROAD, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2008-0007 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN ATTACHED GARAGE PROJECTING IN FRONT OF THE DWELLING 8.5 METRES, INSTEAD OF THE MAXIMUM PERMITTED 3 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN ATTACHED GARAGE PROJECTING IN FRONT OF THE DWELLING 8.5 METRES, INSTEAD OF THE MAXIMUM PERMITTED 3 METRES AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW, MEETS THE INTENT OF THE OFFICIAL PLAN AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD SUBJECT TO THE FOLLOWING CONDITIONS: . THAT THE APPLICANT MEETS ALL OF THE NORMAL MUNICIPAL REQUIREMENTS PRIOR TO THE ISSUANCE OF A BUILDING PERMITS; AND . THAT THE VEHICULAR DOORS OF THE GARAGE FACE EITHER SIDE LOT LINE, BUT NOT THE FRONT PROPERTY LINE (PRESTONVALE ROAD). DATE OF DECISION: March 27, 2008 LAST DAY OF APPEAL: April 16, 2008 805 qf}!.-ilJgtnn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: TREDEO PRASAD TREDEO PRASAD PROPERTY LOCATION: 5 SCHOONER LANE, NEWCASTLE VILLAGE PART LOT 29, CONCESSION BF FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2008-0008 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (SHED) BY REDUCING THE MINIMUM REQUIRED SETBACK FROM THE MAIN BUILDING FROM 1.2 M TO 0.45 M AND TO REDUCE THE REQUIRED EASTERLY SIDE YARD SETBACK FROM 1.2M TO 0.35M. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (SHED) BY REDUCING THE MINIMUM REQUIRED SETBACK FROM THE MAIN BUILDING FROM 1.2 METRES TO 0.6 METRES AND REDUCE THE REQUIRED EASTERLY SIDE YARD SETBACK FROM 1.2 METRES TO 0.35 METRES WITH THE FOLLOWING CONDITIONS: . ALL FUTURE STRUCTURES IN THIS LOCATION ARE NO TALLER OR GREATER IN SIZE THAN THE EXISTING CURRENT SHED; . THE EXISTING SHED MUST BE MOVED WITHIN 90 DAYS AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW, MEETS THE INTENT OF THE OFFICIAL PLAN AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: LAST DAY OF APPEAL: March 27, 2008 April 16, 2008 806 Cl!J!.-!llgtDn REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 14, 2008 Report #: PSD-039-08 File #: PLN 37.3 By-law #: Subject: NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-039-08 be received; 2. THAT the Newcastle Village Community Improvement Plan, dated April 2008 as contained in Attachment 2 be APPROVED and that the necessary By-law be PASSED; 3. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and 4. THAT all interested parties listed for this report and any delegations be advised of Council's decision. a~-~ Submitted by: Reviewed by: David . Creme, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer ILlFLlDJC/df 8 April 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 807 REPORT NO.: PSD-039-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Municipality of Clarington 1.2 Community Improvement Plan: To adopt the Newcastle Village Community Improvement Plan to allow for incentives and municipal works that will improve the viability of Newcastle Village and help maintain the strong and high quality community life that residents enjoy. 2.0 LOCATION 2.1 The subject lands are the Newcastle Village as set out in the schedule to the by- law in Attachment 4. 3.0 BACKGROUND 3.1 Section 22.3.2 of the Clarington Official Plan identifies Newcastle Village as a first priority for a Community Improvement Plan. The need for a CIP was further reinforced by the review of the commercial policies of the Official Plan in 2004. The commercial policy review was completed in 2006 and recommended that a CIP study be conducted for Newcastle Village. The Municipality had consulted with the Newcastle Village BIA during the commercial policy review process to determine if there was public support for a CIP. On January 29th, 2007 Clarington Council approved a draft terms of reference for the Newcastle Village Community Improvement Plan and the accompanying study area (By-law 2007- 015). The terms of reference for the study called for a community focus group, which was formed in March of 2007 and has guided the study since that time. 3.2 The community has been kept informed of the study progress through the members of the community focus group, through a newsletter distributed through-out the Village, and through an open house held on October 30th. Comments received during the progress of the Community Improvement Plan have been supportive of the recommendations put forward. 3.3 This Community Improvement Plan will allow the Municipality to provide incentives to business and property owners in the Newcastle Village Community Improvement Plan Area. It also includes recommendations for works by the Municipality. 3.4 The Business Development Manager of the Clarington Board of Trade was intimately involved in the preparation of this Community Improvement Plan and the Board of Trade will continue to be involved in the implementation. 808 REPORT NO.: PSD-039-08 PAGE 3 4.0 DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT PLAN 4.1 Outline The Community Improvement Plan defines why Newcastle Village was studied for a CIP, identifies the area that was studied, and provides a recommended boundary for the CIP project area (Attachment 3). The Plan lists the priorities that the Community Focus Group has identified for improvements and provides information about the community such as its historical context, land use, architectural character and environmental amenities. Economic factors, building conditions, land use restrictions, and the significance of enhancing the civic presence of Clarington are noted as issues. Problems and deficiencies are identified and includ~ such items as: . street lighting for pedestrian enhancement with a heritage theme . traffic calming . off street parking . signage . development charge policies . encouragement for economic development . commercial building accessibility . website development . energy efficiency . safety and security The proposed CIP makes a number of recommendations and provides for incentives such as grant programs in regards to site plan control application fees, infill projects, building fac;ade improvements, building code improvements, and signage. Summary of Recommendations The proposed CIP recommendations include the following: 1. Providing Municipal assistance to property owners with the development of design ideaslconcepts. Municipal staff could provide assistance addressing such matters as: . Alternative design ideas and solutions . Visualizations of design concepts . Urban design and architectural control requirements . Technical matters such as shadow impact analysis, choice of colours, materials, finishes and textures 2. Developing Guidelines for Sign age and Renovation Projects The proposed CIP provides photographic examples that can be used as guidelines for signage and renovation projects. The proposed design assistance provided by municipal staff will assist merchants with 809 REPORT NO.: PSD-039-08 PAGE 4 understanding how their alterations will appear within the street context. The CIP proposes the preparation of guidelines for infill development and streetscape improvements to encourage further development of Newcastle's historic architectural appeal and is an opportunity for continued community engagement. 3. Facilitation of Key Development Projects It is proposed that the Municipality assist developers by expediting the development review process for projects within the CIP area. Signage changes, and guidelines for signage, renovation projects, and streetscape improvements also work as incentiv~s to business and property owners. 4. Amendments to the Sign By-law The CIP also proposes that consideration be given to the provision of T- bar signs in the review of Sign By-law 97-187. 5. Promotion and Marketing Initiatives The CIP proposes the preparation of a brochure to identify walking and cycling trails and natural areas. Additional community promotion is proposed through the development of a website and other marketing tools. The Newcastle BIA and/or Chamber of Commerce are encouraged to pursue these proposals in cooperation with the Municipality. 6. Grant Programs to encourage good redevelopment The Newcastle Village Community Improvement Plan proposes grant programs for site plan control application fees, infill projects, building fac;ade improvements, building code improvements, and signage. Grants would be limited to the funds allocated through the municipal budget process. 7. Development Charges relief for key types of projects that would rejuvenate the CIP area The proposed CIP includes two recommendations in regard to the Municipality's Development Charges By-law 2005-108. The first recommendation suggests a development charges incentive program be provided for the construction of new mixed-use buildings in the CIP area. A reduction or waiver of development charges would apply only to the residential component of the building. The second recommendation is for the expansion of the existing revitalization area identified in the current By- law so that it matches the existing BIA boundary. 8. Capital Improvements - Public Amenity Areas The CIP proposes that the Municipality consider assisting in the installation of public art, street furniture, bicycle parking, and entry gateway features on a case by case basis when funding is available. 810 REPORT NO.: PSD-039-08 PAGE 5 9. Capital Improvements - Signs Signage for community events, plus additional directional and business identification have been identified for future consideration. 10. Capital Improvements - Extending the Area of Heritage themed pedestrian scale Street Lights The installation of heritage style street lighting along King Avenue east to Brookhouse Drive, and along Mill Street South from King Avenue to Robert Street, has been identified by the Community Focus Group as a priority. At this time there is no identified source of funding for this enhanced level of service. This recommendation is further discussed in Section 7 of this report. 11. Ongoing Implementation Guided by Community Liaison Group The CIP proposes to have an ongoing liaison with the community to guide implementation through a community liaison group. 5.0 PUBLIC MEETING AND SUBMISSION 5.1 There was one public submission presented at the statutory Public Meeting held on February 25th, 2008. Mr. Ed Vanhaverbeke spoke in support of the Plan, noting in particular the recommendations in regards to providing incentives for the construction of mixed-use developments. He supports the recommendation that development charge incentives be considered for the residential component of mixed-use developments. 5.2 Theresa Vanhaverbeke, Vice-Chair of the Community Focus Group spoke on behalf of the group in support of the Community Improvement Plan presented at the Public Meeting. 5.3 Property and business owners that attended the Open House held in October and who have spoken with Planning Staff since that time are in support of the recommendations and anxious to submit grant applications. 5.4 Since the Public Meeting one resident has inquired about the community focus group's request for heritage style pedestrian-scale street lighting along Mill Street South as part of the 2008 road reconstruction project by Durham Region. He has been informed of the recommendations contained in this report which are discussed in Section 7. 5.5 Additional Community Focus Group Comments Two issues were raised by the Community Focus Group over the course of their meetings. The first issue is the payment owing to the Municipality related to the commercial development on the west side of Bowmanville. The Principles of Understanding for the Halloway Holdings Ltd. (Home Depot), site on the east side of Green Road and the West Diamond (Metrus) site on the west side of Green Road indicates that a payment would be forwarded to the Municipality to be deposited in a reserve account for future disbursement to the Orono and Newcastle BIAs to fund programs, or to provide assistance to the BIAs and/or assist with the implementation of the provisions of Community Improvement 811 REPORT NO.: PSD-039-08 PAGE 6 Plans, as Council in its discretion considers to be appropriate. The CFG would like Newcastle Village to be treated in a manner similar to Bowmanville and Orono with regard to the funding of the CIP grants. The second issue raised by the Community Focus Group is the architectural design of new municipal buildings. The Group suggest that the public consultation process related to new municipal facilities provide greater opportunity for the public to comment on the architectural style of public buildings. Particularly, they would like new buildings to be designed in a manner that is in keeping with the historic architectural character of the communities in which they are being built. 6.0 AGENCY COMMENTS 6.1 Letters were sent to the applicable commenting agencies on January 1ih, 2008 asking for comments within a three week timeframe. No objections to the Newcastle Village Community Improvement Plan have been received. 6.2 The Durham Region Works Department has noted that the existing illumination on Mill Street is poor and will be upgraded to the appropriate standard for vehicular traffic during reconstruction. King Avenue is designated as a Type A arterial road and a Transit Spine in the Region's Official Plan. Any traffic calming on King Avenue should be intended to control vehicle speeds without compromising the road's role and function. In addition to accommodating farm equipment, they specifically recommend avoiding vertical deflections such as speed bumps which can impede transit and emergency vehicles. Maintaining effective arterial road operations on King Avenue and Mill Street will help to minimize the potential for through traffic infiltration on the surrounding road network. These comments have been incorporated into the final Plan. 6.3 Veridian Connections has expressed a concern in regards to the proximity of overhead power lines to the work associated with the improvement possibilities in the CIP area. There is the potential that many of the improvements would involve the use of equipment such as a boom truck to install signage or scaffold platforms for fac;ade repairs, etc. Veridian states that inadvertent electrical contacts with overhead power lines are one of the leading causes of fatalities for the public and workers in the construction sector. They have requested that the Municipality request contractors set up onsite meetings with Veridian staff to review possible safety hazards prior to undertaking improvements. Appendix 4 of the Plan, which outlines the requirements to obtaining a grant, includes this requirement. 6.4 On February 2ih staff meet with the members of the Clarington Accessibility Committee to present the Plan and obtain their comments. The Committee members had no objections to the Plan but did note the difficulty people with accessibility challenges have when shopping in older downtown cores. Although there would be grants available, it is very difficult to modify older buildings to make them more accessible. While some buildings can not be easily changed on the outside there are many things that can be done to aid with accessibility. The 812 REPORT NO.: PSD-039-08 PAGE 7 group had prepared an Accessibility Checklist as part of a Clarington Accessibility Business Community Challenge. This list has been included in the CIP as Appendix 6 to provide business owners with options of how they can make their buildings more accessibility friendly. 6.5 The Chair of the Clarington Heritage Committee (CHC) has provided comments on behalf of the Committee. They support the establishment of a community liaison group to assist with the implementation of the CIP, as a liaison group which has a representative from the CHC has been involved in Orono and its success is evident. The CHC are willing to assist with the review of heritage resource structures and provide advice. They are concerned that the infill grant might lead to the potential demolition of buildings within the CIP area. The comments of the CHC have been reviewed and incorporated into the requirements of the grant program where appropriate. 6.6 As noted in the Public Meeting report PSD-017 -08, the Ministry of Municipal Affairs and Housing is no longer the approval authority for community improvement plans; however, the Ministry provides comments on CIPs and retains the right to appeal. The Ministry has reviewed the Community Improvement Plan with staff and their comments were very favourable. Clarification of specific sections has been provided as requested and grammatical corrections made. It was suggested that goals and objectives to be added in the CIP introduction. Ministry staff noted that their written comments, which would follow, would be the same as those provided in the conference call of March 11th. We have not received written comments to date. 6.7 The Region of Durham Planning Department have indicated that they support the initiative of a Community Improvement Plan for the Newcastle Village area to assist in development improvements. The CIP envisions the downtown as an area to be protected and the centre of the community. The proposed CIP maintains the downtown area as a focal place for urban activities comprising a mix of community, office, service and shopping, recreational and residential uses. The proposed CIP conforms to the Regional Official Plan. The Region has stated that the CIP encourages the development of a mix use downtown characterized by good urban design that functions as a viable and desirable live/work place, and that the proposed CIP conforms to the policies of the 2005 Provincial Policy Statement. In regards to the Growth Plan for the Greater Golden Horseshoe, they note that a guiding principle of the Growth Plan is to build compact, vibrant and complete communities. The CIP proposes that the Village centre be the focal point of the downtown community with a diverse mix of uses surrounded by residential neighbourhoods. The CIP is consistent with the policies of the Growth Plan. 6.8 The Engineering Services Department has reviewed the Plan. They have provided comment that funding for the installation of heritage style street lighting along King Avenue East and/or Mill Street South has not been identified as a project in the capital forecast through to 2013. Mill Street South is scheduled for reconstruction in 2008 and while it would be desirable to upgrade the street lights during the reconstruction the lack of a comprehensive streetscape design and 813 REPORT NO.: PSD-039-08 PAGE 8 the budget priorities made it difficult. Engineering Services has assisted Planning Services Staff with the preparation of the wording regarding heritage style street lights within the Community Improvement Plan (as noted in Attachment 1). 6.9 The Emergency Services Department and the Operations Department have no concerns or objections to the Community Improvement Plan. 7.0 COMMENTS 7.1 There have been two significant changes made by Staff to the Plan since it was presented to Council at the Public Meeting. The first is in regards to the boundary of the CIP area and the second addresses the request for heritage style street lighting along King Avenue and Mill Street South. Two minor changes have been made in regards to off street parking and properties eligible for grants. Boundary Chanqe One of the responsibilities of the community focus group was to determine the appropriate boundary for the CIP area. The group selected the boundary shown below, which is an amalgamation of the BIA boundary and the designated commercial lands as identified in the Clarington Official Plan. c:::J Newcastle Village Community Improvement Plan Recommended Boundary \!~'Iill 1 '---:HARMER ORNE --Ll .; i ~ b~28:-C j CIL=-I ~~ ~ " '. I _". . .-r-,~t--. - .!~f-.-. ,3 - -< ~ _ y--.<_~ ~~'-1 'zi-.1ol..---r--------- ,; '~ . ~;I~=-j::::j~r==~!~ ~~ . !gr:;C"" ,.~ ~",;ltr'T2( -~F-~r--::-'l'l I~ i>I "VEV S'Rlli,,<!C ~a~~i ~"I I I. .. . I lIt ' i~: I L_' ~,~ .-- l ~.-' u,"t'; , .-'-'- _ ..LL. L 8' .""'.",""C] ~8 EDWARD STREET EAST ~'P~K~' r} 'kijJJi I-IIW 'I f-=n.r: ~\\'~" ~ rr , II!'j-- ';'-V'; <yY,'d !,. WAL8RIOC( j~JPLrY AVE,.!:JR '~. ~.\ \ \~ ~ Sf PARK "'1 I ~tQ ~/,,-",,\\\ ,9- ::~ 6- -<N Upon further review, staff have extended the boundary along the south side of King Avenue East to number 483, the Walbridge House. The Walbridge House is one of the oldest buildings in Newcastle and the former county of Durham. The building has been designated by Council under Part IV of the Ontario Heritage Act for its cultural and historical significance to the Municipality. Including this property within the CIP area could assist with any future building refurbishment. In total the extension covers five properties. 814 REPORT NO.: PSD-039-08 PAGE 9 Newcastle Village Community Improvement Plan Boundary Heritaqe Style Street Liqhtinq The community focus group had identified the installation of heritage style pedestrian-scale street lighting along King Avenue east to Brookhouse Drive and along Mill Street South from King Avenue to Robert Street as one of their top priorities. As noted by the Engineering Services Department, funding for the installation of this type of street lighting along King Avenue East and/or Mill Street South has not been identified in the capital forecast through to 2013. The Region of Durham has scheduled the reconstruction of Mill Street South in 2008. The Municipality is responsible for enhancement of street lighting and while it would be desirable to upgrade the street lights during the reconstruction, the lack of a comprehensive streetscape design and the funding for this incremental addition (estimated at $300,000) to the reconstruction contract made it difficult. The Clarington Official Plan identifies the commercial area of Newcastle Village as running along King Avenue from North Street to Brookhouse Drive, and along Mill Street from Emily Street to Wilmot Street. Staff are in support of enhancing the street lighting for pedestrians along these sections of the streets as this is the commercial core of the downtown. The portion of Mill Street south of Emily is designated residential. It is not the practice of the Municipality to provide upgraded pedestrian level lighting within residential areas. Staff are unable to recommend that any pedestrian-scale street lighting enhancements be provided at this time as there are no funds allocated in the capital forecast to complete this work, and no comprehensive streetscape design has been prepared. Staff are recommending that streetscape enhancements, which incorporate street hydro, be implemented upon approval of a detailed streetscape plan for the commercial portion of the streets, and the allocation of the appropriate funds. 815 REPORT NO.: PSD-039-08 PAGE 10 Heritage style pedestrian-scale street lighting has been installed in downtown Bowmanville as part of a sidewalk reconstruction project. The Bowmanville BIA made a financial contribution to the project to assist with the cost of the street lighting upgrade and enhancement of the pedestrian environment. The Newcastle BIA will be expected to provide a similar financial contribution to the pedestrian/heritage street lighting upgrade within the commercially designated portion of King Avenue and Mill Street. Off Street Parkino As part of staff's review of the off street parking issues that were noted in the draft CIP we are proposing that consideration be given to amending the zoning in the downtown core so that parking spaces would only be required for the residential component of any building. Section 4.6.3 has been amended by adding: There are commercial and residential properties within the downtown core that are not able to provide any on site parking. The commercial zoning in the area requires that parking spaces be provided for both commercial and residential uses. Commercial properties that would like to expand their commercial floor area or residential properties that would like to convert to commercial use would not be able to do so without a site specific rezoning to address the parking standards. Consideration should be given to changing the commercial zoning downtown so that parking spaces would only be required for the residential components of any building. Properties Elioible for Grants The Municipality is the property owner of the Newcastle Village Community Hall. It is staff's opinion that this property should be eligible for the same grants as any other property within the CIP area. Section 5.2 has amended to include the following sentence: For the purposes of the grant programs, the Newcastle Village Community Hall would be considered eligible. 8.0 CONCLUSION 8.1 The proposed amendment conforms to the Durham Region Official Plan, the policies of the 2005 Provincial Policy Statement, and the Growth Plan for the Greater Golden Horseshoe. 8.2 Based on the comments contained in this report, it is respectfully recommended that the proposed Newcastle Village Community Improvement Plan be APPROVED. 816 REPORT NO.: PSD-039-08 PAGE 11 Attachments: Attachment 1 - Changes and corrections to the draft CIP Attachment 2 - Newcastle Village Community Improvement Plan, April 2008 (under separate cover) Attachment 3 - Newcastle Village Community Improvement Plan Boundary Attachment 4 - By-law to adopt Newcastle Village Community Improvement Plan Interested parties to be notified of Council's decision Michael Cook Ed Vanhaverbeke Cathy Abraham Dave Clark Carl D. Good Rod McArthur Gabrielle Bell Gail Rickard George Rickard Gord Lee J. Arthur Wynn Myno Van Dyke Randall St. Denis Rob Kloosterman Sheila Hall Tenzin Gyaltson Theresa Vanhaverbeke Valentine Lovekin 817 Attachment 1 To Report PSD-039-08 Changes to the Draft Newcastle Village Community Improvement Plan Grammatical corrections have been made through-out the document where they occurred. Section 1 Community Improvement Plans in Clarington Added goals and objectives of a CIP The goal of a CIP is to provide for and encourage public and private sector activities for the purpose of the enhancement, rehabilitation and redevelopment of the existing built environment of the Municipality. CIP objectives include maximizing the efficient use of existing public services and facilities, improving the public infrastructure where deficiencies or deteriorating conditions exist, and providing guidance to Council in setting priorities for municipal spending with respect to community improvement projects. Section 3.1 Community Improvement plan Area Boundary Added wording on extending the boundary to 483 King Avenue East and inserted a new boundary map as Figure 4 The CFG recommended that the CIP boundary be an amalgamation of the BIA area and the designated Village Centre. A further refinement to the boundary has been to include the 5 properties on the south side of King Avenue continuing to the east (Figure 4). The reason for including these properties is to be able to provide the CIP grants to the Walbridge House at 483 King Avenue East. The Walbridge House is one of the oldest buildings in Newcastle and the former county of Durham. Clarington Council approved the designation of the building on May 14th, 2007 as a cultural heritage resource under Part IV of the Ontario Heritage Act. Section 4.6.1 Heritage Street Lighting Removed "Although the street is a Regional Road, the street lighting would be the financial responsibility of the Municipality" and added new wording The illumination is also considered to be poor, Mill Street will be reconstructed in 2008 and the street lighting will be improved with regard to its energy efficient lighting and at the appropriate spacing. While it was the desire of the Community Focus Group to have pedestrian scale/heritage theme lighting extend down Mill Street, Council was unable to find funding to augment the Region's contract. In addition, it is the 818 policy of the Municipality to only provide pedestrian lighting in commercial areas. Section 4.6.3 Off Street Parking Added that consideration should be given to amending the Zoning By-law 84-63 during its review to allow exemption from commercial parking requirements There are commercial and residential properties within the downtown core that are not able to provide any on site parking. The commercial zoning in the area requires that parking spaces be provided for both commercial and residential uses. Commercial properties that would like to expand their commercial floor area or residential properties that would like to convert to commercial use would not be able to do so without a site specific rezoning to address the parking standards. Consideration should be given to changing the commercial zoning downtown so that parking spaces would only be required for the residential components of any building. Section 4.6.7 Commercial Building Accessibility Added wording to refer to business owners to accessibility check list and included list as Appendix 6 The Clarington Accessibility Committee has developed a check list of actions that property owners can take to make their businesses more accessible to the public. Appendix 6 identifies changes that can be made to the exterior and interior of commercial buildings ranging from installing hand rails to providing a high level of interior lighting to assist with visibility. Implementing these changes would attract more customers to shop in the downtown core. Section 5.2 Grant Program Added that the Newcastle Village Community Hall is eligible for any of the grants For the purposes of the grant programs, the Newcastle Village Community Hall would be considered eligible. Section 5.4.2 The section has been replaced with the following to address the timing, location and funding of any future street lighting upgrades 819 There is strong support in the community for the installation of energy efficient heritage style street lighting that limits light trespass and glare, and serves pedestrian and motor vehicle needs along King Avenue. It would help enhance and unify this main route through Newcastle Village. Over the long term the Municipality can replace the existing lighting with heritage style light standards that serve both motor vehicle and pedestrian needs. Such a project is currently not in the capital forecast. Mill Street is a Regional Road and will be reconstructed in 2008 including improvements to the deficient street lighting. The Community Focus Group has recommended that pedestrian/heritage street lighting be included in this construction project. While it would be desirable to complete this work with the road reconstruction, the lack of a comprehensive streetscape design and funding for the enhanced lighting make it difficult. The Clarington Official Plan identifies the commercial area of Newcastle Village as running along King Avenue from North Street to Brookhouse Drive, and along Mill Street from Emily Street to Wilmot Street. Upgrading the street lighting to include pedestrian lighting fixtures along these sections of the streets would augment the commercial core of the downtown. The portion of Mill Street south of Emily Street is designated residential; it is not the practice of the Municipality to provide pedestrian lighting within residential areas. It is recommended that streetscape enhancements, which incorporate street hydro, be implemented upon approval of a detailed streetscape plan for the commercial portion of Newcastle, and the allocation of the appropriate funds be budgeted in the capital forecast. Heritage style street lighting has been installed in downtown Bowmanville as part of a sidewalk reconstruction project. The Bowmanville BIA made a financial contribution to the project to assist with the cost of the heritage street lighting upgrade and enhancement of the pedestrian environment. The Municipality will expect the Newcastle BIA to provide a similar financial contribution to the pedestrian/heritage street lighting upgrade within the commercially designated portions of King Avenue and Mill Street. Appendix 4 Grant Programs Added to the Eligibility for Grant section of each grant program Veridian Connections' request that property owners consult with them 820 The property owner must consult with Veridian Connections as part of the application process to determine if Veridian's concerns in regards to the potential proximity of overhead power lines can be satisfactorily addressed. Appendix 6 Added Accessibility Checklist Accessibility Checklist D Where ever possible eliminate stairs and steps. If stairs/steps are unavoidable, place key products on the main floor D Add handrails outside the front entrance regardless of whether there is a ramp or stairs. D Place a straight backed chair with no arms inside the store to allow customers to rest then continue to shop D Make the aisles as wide as possible D Keep aisles clear of clutter or displays D Have as high a level of lighting as possible without glare. D Avoid glare/highly reflective surfaces around signs. D Use simple, clean and large font for all signs or shelf tickets. D Use good contrasting colours for any signs or shelf tickets. D Keep the level of music low enough to be pleasant background noise and not to interfere with customers hearing the staff. D Wind chimes or piped out music to help locate the entrance D Display counters with four inch toe plates for a cane to travel against. D Display racks without wire legs that cane could get caught up in D Hanging signs from ceilings at least six and a half feet off the ground D Debit controller with raised number pads. The CNIS have stick on bumps that can be added to the control pads so that the buttons can be identified in a tactile manner. D Call up/delivery services D Web sites for easier navigation 821 o Greater use of Picture Symbols on store signs o Staff attend sensitivity training session o Make a donation to assist financing larger scale accessibility projects in your town. o A portion of counter space built at a lower level to accommodate people in wheelchairs. o Door bells at front door so that people requiring assistance to enter the store can notify staff. o Doormats that are flush. o Non-slip/skid treatment to potentially slippery floors. o Move sandwich board advertisement signs completely away from foot traffic o Install alarm systems with both audible and visual cues. o Mark edges of steps with strong contrast. o Offer assistance over steps where stepped access can not be avoided o Offer alternative methods of providing services: such as bringing merchandise to an accessible part of shop, delivering to people's homes or the mail. o Position door handle at a height 1000mm from the ground. o Replace door handle by one that is easier to grip such as a D-shape handle and one with better colour contrast o Offer personal shopper assistance o Highlight hazardous areas. o Ensure that seated customers do not lose their place in line o Ensure that announcement systems are both visible and audible o Lap trays or clip boards (for people that can not bend down to use counter) o Induction Loop (technical equipment) to help those hearing impaired understand. o Alter staff practices: in situations where it is not reasonable to make counter fully accessible. 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Co E ~ ~ t: ::J E E o (J CI) C) fa - - :> CI) ;: (f) fa o ~ CI) Z THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to adopt the Newcastle Village Community Improvement Plan WHEREAS Section 28 of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Community Improvement Plans thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to adopt the Newcastle Village Community Improvement Plan, April 2008 to allow for the implementation of grants, and other municipal works; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of Clarington enacts as follows: 1. That the Newcastle Village Community Improvement Plan April 2008 be approved including Schedule A the community improvement plan area; and 2. This By-law shall come into force and take effect on the date of the passing hereof BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. 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I ~ Z < or-l (fJ 5Z ::i U LIJ W ~ -~ -----ll w 1 -. 133lJ1S NIMalVS r I I r ( III \ -~ LI~\ II ~ lli.~~ ~~ffi-1lJ)~~~[IIiR I i ><:f--~- ~ lii f-- ~ 0 0 3NVllJ31S3H:l f- 0 -- ==:---..; ~~ ~ 1 ~ ~~==~->--ifil,-~t::::~ =~ f--5--g; f--lt I\\"\..- _ ['-- - - ill ~ I '---/ - / L,-- - - w _f---j lii _ I t:::::- _ -f-- 5 __ J.::. ~ ~ '"" ~ CO "C c: ::::s o to c: CO - Q. .. c: CD E CD > o ~ Co E - ~ ::= c: ::::s E E o o CD C) a:s - - :> CD ;: f/) a:s u ~ CD Z Cl!J!illgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 14, 2008 Report #: PSD-040-08 File #: PLN 37.1 By-law #: Subject: ORONO COMMUNITY IMPROVEMENT PLAN AMENDMENT RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-040-08 be received; 2. THAT Staff be authorized to review and bring forward to a Public Meeting a proposed amendment to the Orono Community Improvement Plan to provide for Building Code Improvement Grants; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Reviewed by: ~~ 1I anklin Wu, ./~v Chief Administrative Officer FL *DJC*sn April 8, 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-040-08 PAGE 2 1.0 BACKGROUND 1.1 Council adopted the Orono Community Improvement Plan (CIP) and project area by By-law 2005-009 in March and the Ministry of Municipal Affairs and Housing approved the CIP with amendments on July 14, 2005. 1.2 The Community Improvement Plan allows the Municipality to provide incentives to business owners and property owners in the Orono Community Improvement Project Area (the Orono BIA boundary). 1.3 In addition to the grants program there are other works that the CIP has been a catalyst for, including brochures, wayfaring signage, involvement in the Orono 175 celebrations and others. 1.4 The purpose of this report is to obtain Council approval to review the Orono CIP in regard to the grants that are available. 1.5 The process for amending a CIP is the same as an Official Plan amendment, the amendment will have to be made available in advance of a Public Meeting, advertised and circulated to commenting agencies; including the Ministry of Municipal Affairs and Housing as they were the approval authority at the time for the Orono CIP. 2.0 GRANT PROGRAM 2.1 Existina Grant Proaram There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. We have encouraged applicants to take advantage of the free design service offered by the Planning Services Department for fac;ade improvements and development of visualizations. In all cases we have worked with applicants and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor paid. Property owners must be current with their tax payments. For properties that have multiple municipal street addresses or storefronts, each property owner is subject to an overall maximum of $45,000. · Buildina Facade Improvement Grant This grant program is intended to assist property owners with the financing of building fac;ade improvements. The grant covers up to one half of the costs of the eligible work per building to a maximum of $5,000. · Sianaae Improvement Grant This grant program is intended to assist property owners with the financing of signage improvements. 827 REPORT NO.: PSD-040-08 PAGE 3 2.2 Prooosed Buildina Code Imorovement Grant This grant program is intended to assist property owners with the financing of building improvements required to bring existing older buildings into compliance with the current Ontario Building Code. Eligible works include: · Installation of fire protection systems; · Relocation or installation of fire escapes; · Reinforcement of floors, ceilings and/or walls; · Required improvements to ventilation system; · Improvements for barrier-free accessibility; · Construction or alteration of required window opening for upper storey residential units; and · Other improvements, at the discretion of the Director of Planning Services, related to Building Code upgrades that address health and safety issues. 3.0 CONCLUSION 3.1 Including a Building Code Improvement Grant for the Orono CIP would assist with the maintenance and improvement of the building stock, fire prevention and accessibility in Orono's downtown. There are at least 3 examples where the building code improvement grant could have belen applicable over the past 3 years of the CIP's implementation. 3.2 The Orono Community Liaison Group are in agreement with having this grant program reviewed and potentially added to the CIP. List of interested parties to be advised of Council's decision: Orono Community Liaison Group 828 ~n REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 14, 2008 Resolution #: Report #: EGD-018-08 File #: By-law #: Subject: INTERSECTION OF WELLINGTON STREET AND GEORGE STREET BOWMANVILLE, REQUESTED ALL-WAY STOP Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-018-08 be received; 2. THAT the request for an all-way stop at the intersection of Wellington Street and George Street be denied; and 3. THAT "no parking" signs be installed in the area of the intersection; and 4. THAT staff monitor the intersection of Wellington Street and George Street after the no parking signs have been installed. Respectfully, ~~ , /"\ L"i.~'-:: .~ Reviewed by: Franklin Wu Chief Administrative Officer Submitted by: A.S. Cannella Director of Engineering Services ASC/LJ BfJo/jb April 1 , 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 901 Report #EGD-01S-QS Page 2 1.0 BACKGROUND 1.1 In response to a recent request from the community staff have undertaken a study to determine whether an all-way stop at the intersection of Wellington Street and George Street is warranted. Our findings and recommendations are detailed in this report. 2.0 COMMENT 2.1 Operatina Speeds On November 21, 2007, staff used the municipal radar gun to accurately record and calculate average vehicle operating speeds of through traffic on Wellington Street. The results showed an average speed of 44.1 km/hr in a maximum 50 km/hr zone. The average speeds on George Street would also be well below the regulatory speed limit to the south, due to the short distance to the stop sign at Church Street. The curve to the north of the intersection also reduces vehicular speeds. 2.2 Motor Vehicle Collision History Despite the low volume and local nature of the roadway there have been nine MVC's in the last five years, the details of which are shown below: 2006 2 did not stop 1 did not yield 2 did not stop 1 did not yield 1 impaired 1 did not yield None 1 did not stop 2005 2004 2003 902 Report #EGD-018-08 Page 3 Clarinaton Wide MVC Historv Motor vehicle collisions occur on a daily basis, usually on clear sunny days and are generally attributed to driver error rather than roadway design or maintenance issues. Motor vehicle collisions occur on straight stretches of roadways, 2 way stops, all way stops, and traffic signals. Year # of MVC (Clarington Roads only, excludes Regional Roads/private property) 2004 350 2005 426 2006 349 2.3 Intersection Review Gased on AII-Wav Stop Volume Warrants In the Official Plan, Wellington Street and George Street are both local roadways which are intended to move traffic between low volume local streets and towards higher volume arterial roadways. During 2005, Engineering Services worked closely with the Clarington Traffic ManagementAdvisory Committee (CTMAC) to modify the provincial warrant for all-way stops, creating an in-house warrant that is more applicable to Clarington roadways. The in-house modified warrant structure makes it less stringent/more permissive for collector and local roadways to meet warrants for an all-way stop by accepting lower traffic volumes, fewer peak hours and giving more recognition to unsupervised pedestrian crossings. These modified warrants are intended as a more relaxed guide for staff to evaluate intersections in an unbiased, uniform manner so that they can then make recommendations to Council. The warrants also provide Council with the assurance that the municipality is attempting to work with its residents in a consistent manner to balance efficient transportation with the needs of the local neighbourhood. 903 Report #EGD-018-08 Page 4 Using the new modified warrants during early 2007, staff recommended the implementation of all-way stops at the intersections of Sandringham Drive and Claret Road; Pebblestone Road at Trulls Road and Trulls Road at Avondale Drive where intersections with higher vehicle volumes, pedestrian activity or collisions would benefit from implementation of additional traffic controls. As a result of the traffic study, it was determined that the average number of vehicles at the intersection of Wellington Street and George Street is only 52% of the already reduced warrant level. Furthermore, a review of the history of MVC's at this intersection already shows a pattern towards charges of "did not stop" , "did not yield". The use of an unwarranted all-way stop at this location is unlikely to address the factors that resulted in these charges and may in fact present an additional safety hazard. 2.4 Prooosed Imorovements As a proactive measure we recommend the installation of no parking signs near the intersection to ensure that ideal sight line conditions are not compromised by those who may choose to park too close. These signs will be installed under general terms of the traffic by-law 91-58 and no amending by-law is required to implement the postings. 904 Report #EGD-018-08 Page 5 3.0 CONCLUSION 3.1 Staff, working with the CTMAC, developed a modified all-way stop warrant policy to be used during intersection reviews by staff. This policy lowered the average intersection volume requirements for an all-way stop on local roadways from the Provincial figure of 350, to only 250, but this intersection only has 131 or 52% of the reduced warrant and so an all-way stop is unwarranted. Driver error has the potential to occur at any time, in a variety of lighting and weather conditions and is not effectively mediated by all-way stops. The introduction of an all-way stop at this unwarranted location is not recommended but the intersection of Wellington Street and George Street will be carefully monitored by staff and measures deemed necessary to reduce driver error will be initiated where appropriate. Attachments: Attachment 1 - Key Map List of Interested Parties: List with Engineering Services 905 Carlisle Av W~E s legend c=J lotF_ o ~ Requested All Way Stop Proposed No Parking at Intersection DRAWN BY: E.L. DATE: April 1, 2008 REPORT EGD-018-08 ATTACHMENT NO.1 906 G:\Attachments\WellingtonGeorgeStop.mxd Clfllpn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 14,2008 Resolution #: Report #: EGD-019-08 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2008. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report E G 0-0 19-08 be received for information. Submitted by: ~ A. S. Cannella, C.E. . . Director of Engineering Services ()~-~ Reviewed by: Franklin Wu Chief Administrative Officer ASC*RP*bb April 02, 2008 CORPORATION OF THE MUNICIPALITY OF CLARIN~"TO'" 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623 907 REPORT NO.: EGD-019-08 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of MARCH 2008, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF MARCH 2008 2007 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2008-2007 Residential 25 $4,781,821 64 $15,962,346 -70.0% Industrial 0 $0 4 $316,800 N/A Government 0 $0 0 $0 N/A Commercial 3 $130,000 4 $1,365,700 -90.5% Institutional 1 $20,000 0 $0 N/A Agricultural 0 $0 0 $0 N/A Demolition 3 $0 0 $0 N/A TOTAL 32 $4,931,821 72 $17,644,846 -72.0% YEAR TO DATE 2008 2007 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2008-2007 Residential 109 $21,771,253 168 $32,639,358 -33.3% Industrial 0 $0 4 $316,800 N/A Government 0 $0 0 $0 N/A Commercial 13 $784,500 9 $1,597,700 -50.9% Institutional 4 $395,000 0 $0 N/A Agricultural 2 $218,440 1 $10,000 2,084.4% Demolition 7 $0 6 $0 N/A TOTAL 135 $23,169,193 188 $34,563,858 -33.0% 908 REPORT NO.: EGD-019-08 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner I Applicant Construction Type Location Value 909 REPORT NO.: EGD-019-08 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "MARCH" and "YEAR TO DATE". 2 Semi- Detached 12% Dwelling Unit Type "MARCH" 2008 1 Apartment 6% 14 Single Detached 82% mSingle Detached 14 . Semi-Detached 2 DTownhouse 0 o Apartment 1 Dwelling Unit Type "YEAR TO DATE 2008" 20 Semi- Detached 23% I!!I Single Detached 66 . Semi-Detached 20 DTownhouse 0 o Apartment 1 66 Single Detached 76% The following is a historical comparison of the building permits issued for the month of "MARCH" and "YEAR TO DATE" for a three year period. $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 DValue Historical Data for Month of "MARCH" $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 mValue Historical Data "YEAR TO DATE" 910 REPORT NO.: EGD-019-08 PAGE 5 PERMIT REVENUES 2008 2007 March Year to Date March Year to Date I PERMIT FEES $ 40,411 $ 169,106 $ 126,786 $ 259,072 INSPECTION SERVICES 2008 2007 March Year to Date March Year to Date Building Inspections 266 1,135 468 1,386 Plumbing & Heating Inspections 414 1,427 382 1,206 Pool Enclosure Inspections 0 0 0 0 TOTAL 680 2,562 850 2,592 NUMBER OF NEW RESIDENTIAL UNITS 2008 2007 March Year to Date March Year to Date Single Detached 14 66 52 87 Semi-Detached 2 20 2 40 Townhouse 0 0 0 12 Apartments 1 1 0 0 TOTAL 17 87 54 139 911 ~EPORT NO.: EGD-019-08 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2008 (to end of 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 AREA March) Bowmanville 48 451 608 307 587 468 345 312 188 184 313 Courtice 29 82 126 241 173 180 133 129 231 296 254 Newcastle 3 77 84 202 191 123 131 76 110 78 4 Wilmot Creek 4 16 15 15 25 29 38 24 19 21 33 Orono 2 1 1 1 2 0 1 0 0 1 0 Darlington 0 6 7 14 15 13 17 47 102 31 14 Clarke 1 11 12 13 10 16 15 9 17 17 12 Burketon 0 0 0 1 1 1 1 0 1 0 1 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 0 1 1 1 0 2 5 7 6 3 Hampton 0 1 1 0 0 3 3 1 1 2 1 Haydon 0 0 0 0 0 0 0 0 0 1 1 Kendal 0 1 0 0 1 0 3 2 0 1 0 Kirby 0 0 0 0 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 1 0 0 1 0 Maple Grove 0 0 0 0 0 1 0 0 0 0 0 Mitchell Corners 0 1 0 0 1 0 0 0 0 0 0 Newtonville 0 2 2 4 5 3 3 0 3 1 0 Solina 0 6 3 3 3 3 1 1 0 0 0 Tyrone 0 0 0 0 0 3 9 3 0 0 0 TOTALS 87 655 860 802 1,015 843 701 609 679 640 636 912 Cl![mgfDn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 14, 2008 Resolution #: Report #: EGD-020-08 File #: By-law #: Subject: GREAT WATERFRONT TRAIL ADVENTURE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT staff be authorized to assist with the Clarington portion of the tour; and 2. THAT Council approve the request to hold the Great Waterfront Trail Adventure on the Waterfront Trail provided that a Road Occupancy Permit is obtained through Engineering Services. Res pectfu Ily, G ~-:.~ Reviewed by: Franklin Wu Chief Administrative Officer Submitted by: A.S. Cannella Director of Engineering Services ASC/PW/jo April 4, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 913 Report #EGD-020-08 Page 2 1.0 BACKGOUND 1.1 On Monday July 7,2008 the Great Waterfront Trail Adventure (GWTA) will travel through Clarington. The GWTA is an 8 day, 680 km cycling tour along the lake Ontario Waterfront Trail (attachment 1). The tour is intended for cyclists of varying ages and abilities, it is not a race. The Waterfront Regeneration Trust (WRT) is the organizer of the tour. In the past the WRT has acted as the coordinating agency for trail improvement grants through the Canada/Ontario Infrastructure Program (COIP). The tour will highlight the 36 projects funded through the COIP and the active partnerships with 41 waterfront communities along the route. The GWTA begins in Niagara-on-the-lake on July 4 and ends at the Quebec border on July 11.The tour will overnight July 6 in Darlington Provincial Park and will travel 109 km from Darlington Provincial Park to Presqu'ile Provincial Park on July 7. Participants will pay a registration fee to the.WRT to access support services such as luggage transportation, medical assistance, and van transportation in case of fatigue. Participants can register to ride the entire length or join in for one or two days. 2008 is the inaugural year for what is anticipated to be an annual event. Registration has been capped at 200 for the full 2008 tour but there will also be riders registered for individual legs of the tour. The general public will be able to use the Waterfront Trail as usual on July 7. Staff from Engineering, Operations and Corporate Services have met on two occasions with the WRT to discuss the logistics of the tour through Clarington. The Municipality has been asked to do the following for the event: · Prepare and install temporary event signage and coordinate traffic control where required. · Organize a morning refreshment break approx. 25 km from the start of the days ride. · Advise local businesses of the opportunity to provide "registered services" to the tour. 914 Report #EGD-020-08 Page 3 . Arrange a greeting from the Mayor or other political representative on the morning of departure from Darlington Provincial Park. Staff will continue to liaise with the WRT in preparation for the GWTA but it is expected that aside from some minor expenses only staff time and equipment will be required to assist with the event. 2.0 CONCLUSION 2.1 The GWTA is expected to grow as an annual event. Similar events in Iowa and Florida attract thousands of participants. The tour will provide an opportunity to showcase Clarington's waterfront to visitors from across the province. The tour could also directly benefit local businesses through lodging and food services. 915 CJNil}glOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 14, 2008 Resolution #: Report #: EGD-021-08 File #: By-law #: Subject: ROB PIONTEK SKATEBOARD PARK - DONATION FROM ST. MARYS CEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-021-08 be received for information; and 2. THAT the donation of concrete from St. Marys Cement be acknowledged and that the Municipality of Clarington officially extend their thanks for this contribution; and 3. THAT a receipt be issued to St. Marys Cement for tax purposes. Respectfully, ~ O~~~ Submitted by: A.S. Cannella Director of Engineering Services Reviewed by: Franklin Wu Chief Administrative Officer AS C/pw/jo/jb April 7,2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 916 Report #EGD-021-08 Page 2 1.0 BACKGROUND AND COMMENT 1.1 Report COD-055-07 was forwarded to Council on October 15, 2007 regarding the recommendation for award of tender CL2007 -45 for the Courtice Skateboard Park to UCC Group Incorporated, the lowest compliant bid. Following Council approval, the UCC Group was awarded the contract to construct the Skate Park. Construction is anticipated to begin as soon as weather permits this spring. The Courtice Skateboard Park has since been re-named the Rob Piontek Skateboard Park. After the contract for the Rob Piontek Skateboard Park had been executed with UCC Group, Engineering Services has a series of discussions with St. Marys Cement in regards to donating concrete for this project. Through those discussions, St. Marys Cement generously agreed to donate all of the concrete required for the construction of the Rob Piontek Skateboard Park. The donation will result in a cost reduction of $25,225.00 to the proj~ct. It is recommended that St. Marys Cement be formally acknowledged for their generous donation and that a tax receipt be issued for the full amount of the donation. 917 CllJlpn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 14, 2008 Resolution #: Report #: EGD-022-08 File #: By-law #: Subject: SITE ALTERATION BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-022-08 be received; 2. THAT provided that there are no significant issues raised by the General Purpose and Administration Committee, the By-law be approved by Council in principle subject to final review by the Municipality's Solicitor and the Director of Engineering Services; and 3. THAT the matter be referred back to staff to prepare a report detailing the Policies and Procedures for the administration of the By-law, including the application form, and the final draft of the By-law. Respectfully by, ~Q O~e~_~ Reviewed by: Franklin Wu Chief Administrative Officer Submitted by: A.S. Cannella Director of Engineering Services ASC/jo April 3,2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 918 Report #EGD-022-08 Page 2 1.0 BACKGROUND 1.1 The need for a Municipal "Site Alteration By-Law" has been identified for a number of reasons: . concern regarding the type and source of material that is being placed on receiving properties . concern regarding the impact of concentrated heavy truck traffic on our roads (particularly on low class bituminous and gravel roads) . concern for the volume of fill placed on a property in a relatively short timeframe . concern for the placing of fill in environmentally protected areas including wetlands and woodlots . concern for the placing of fill on agricultural properties but which is not part of the normal agricultural practice . concern for noise, mud, dust, erosion and sedimentation control . concern for the alteration of existing drainage patterns which may adversely affect the watershed 1.2 Recently, the Oak Ridges Moraine Conservation Plan and Act calls for Municipalities to enact site alteration by-laws. No sample by-law has been provided by the Province. 1.3 Recently, too, Clarington citizens have requested that Council implement such a by-law in response to concerns similar to the above. 2.0 INTENT OF THE BY-LAW 2.1 The intent of the By-law is to control significant excavation and/or filling of property by requiring that a Permit be applied for which outlines and identifies information which, in turn, will allow the Director to "assess the impact of the fill or alteration on the area affected". 919 Report #EGD-022-08 Page 3 2.2 The By-law provides for a comprehensive list of exceptions to the provisions of the By-law including: · site alteration of lands approved for development under the Planning Act · work undertaken by the Municipality · certain electrical works as defined by the Electricity Act such as transmission or distribution systems · land for which there has been a permit issued under the Aggregate Resources Act · drain construction works under the Tile Drainage Act · erection or demolition of a structure permitted by the Municipality under the provisions of the Building Code · swimming pool installations · work undertaken pursuant to an order under the Property Standards By-law · landscaping and flower/vegetable gardening subject to annual maximum fill volumes · topsoil removal as part of a bona fide agricultural practice · organic and granular material imported and exported as part of a properly zoned contractor's yard. 3.0 COMMENT 3.1 Staff have reviewed Site Alteration By-laws enacted by other municipalities and have subsequently drafted the attached By-law for Committee's review 3.2 The attached draft by-law has been prepared by the Engineering Services Department, reviewed by our Municipal Solicitor as well as other Engineering staff, Municipal By-law Enforcement, Operations Department, and the Planning Department. Input has been received and incorporated. 3.3 Staff also presented a similar draft to the Agricultural Advisory Committee of Clarington which was very well received. The latest draft is also currently being reviewed by the Conservation Authorities; and the initial draft was reviewed by 920 Report #EGD-022-08 Page 4 CLOCA did meet with their approval, and CLOCA confirmed that their recently adopted "Procedure/Protocol for Fill Sites in Excess of 500 m3 of Fill Material" integrates well with the Municipality's proposed by-law. 4.0 APPLICATION FEES 4.1 Staff recommend that an application fee is warranted under this by-law due to the amount of staff time required to review the application, field visits and inspections which may be necessary and periodic enforcement. The recommended fee is: . less than 250m3 - $200.00 . greater than 250m3 - $400.00 5.0 CONCLUSION 5.1 Staff respectfully request Committee's input on the By-law at this time and recommend that the matter be referred back to staff to prepare policies and procedures for the administration and enforcement of the By-law. Attachments: Attachment 1 - Site Alteration By-law 921 ATTACHMENT NO.:1 REPORT NO.: EGD-022-oa THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to control the dumping of fill, removal of topsoil and alteration of grades WHEREAS section. 142 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to prohibit or regulate the dumping of fill, removal of topsoil and alteration of grades; AND WHEREAS Council has approved Report #EGD-022-08 which recommended that this By-law be passed. NOW THEREFORE the Council of The Corporation of the Municipality ofClarington hereby enacts as follows: 1. Interpretadon...............................................................................l 2. General Prohibidons........... ........ ...... .......... .... .... .... ....... ..... .............3 3. Exceptions................................................................................ ....3 4. Specific Prohibitions and Reguladons.......................... .................... ....5 5. Issuance of a Permit.................................................. ..... ....... ...........5 6. Permit Requirements.. ...................... .............................................. 7 7. Permit Expiry and Renewal.................... .......................... ............. ....8 8. Permit Revocation....... ...... .... ............... ............. .... ........ ... ...... .... ....8 9. Enforcement.................................................................................8 10. Remedies and Penaldes. ...... ................... ................. ............. ............8 11. General Provisions................... ...... ....... ................. ........ ..... ...........9 1. Interpretadon 1.1 "Applicant" means each Person who seeks or obtains a Pennit. 1.2 "Conservation Authority" means the Central Lake Ontario Conservation Authority, the Ganaraska Region Conservation Authority or the Kawartha Lakes Conservation Authority, whichever Authority has jurisdiction over land to which the By-law applies. 1.3 "Contaminated Fill" means material which contains any solid, liquid, gas, odour, waste product, radioactivity or any combination thereof which is present in a concentration greater than that which naturally occurs in the location of the lot or parcel ofland in question and which has the potential to have an adverse effect on the natural environment, human activity, and/or health and safety as defined under the Environmental Protection Act, R.S.O. 1990, c.E.19, and includes bio-solids created by the paper manufacturing process, either in the form or pure paper fibre bio-solids or as mixed with other material to form products known as "nitro-sorb", "sound-sorb", or other products with similar composition. 1.4 "Director" means the Municipality's Director of Engineering Services. 1.5 "Dumping" shall be broadly interpreted for this by-law to include stripping, removing, moving, transporting, importing, exporting or placing of any Fill or Topsoil into, out of or upon lands within any single or adjacent properties within the Municipality. 922 2 1.6 "Fill" means any type of material deposited or Placed on lands and includes Soil, stone, concrete less than 0.1 cubic metres in size which does not contain steel reinforcement, construction materials, asphalt, sod or turf either singly or in combination. 1.7 "Finished Grade", means the elevation of the ground surface of land upon which Fill has been Placed or Dumped or after alteration of the Grade has occurred. 1.8 "Grade" means the elevation of an existing ground surface, except where the Placing or Dumping ofFill or the alteration of the then existing ground surface has occurred in contravention of this By-law in which case Grade means the elevation of the ground surface as it existed prior to such Placing or Dumping ofFill on or alteration of the existing ground surface occurring. 1.9 "Inspector" means any of the following staff members of the Municipality: Director of Engineering Services, Manager of Transportation and Design, Manager of Construction, Design Engineer in the Municipality's Department of Engineering Services, Roads Supervisors in the Municipality's Department of Operations, and such Municipal Law Enforcement officers as may be appointed by the Municipality from time to time. 1.10 "Lot" means a lot or block shown on a registered plan of subdivision of land and the land is not within a registered plan of subdivision. Lot means a parcel ofland owned by an Owner. 1.11 "Municipality" means the Corporation of the Municipality of Clarington and includes all areas within its territorial limits. 1.12 "Normal Agricultural Practice" includes sod-farming, greenhouse operations and nurseries for horticultural products but does not include the sale, exchange or other disposition of Topsoil. 1.13 "Owner" means each registered owner of land (a) for which a Permit is sought or obtained; or (b) in respect of which there is or may be contravention of i) this By-law; ii) an order made pursuant to subsection 144(5) of the Municipal Act, 2001; or iii) a court order made pursuant to subsection 144(18) of the Municipal Act, 2001. 1.14 "Permit" means a permit issued by the Director pursuant to the provisions of this By-law. 1.15 "Person" includes a natural individual and their heirs, executors, administrators or other legally appointed representatives, a corporation, partnership or other form of business association. 1.16 "Place" means the distribution ofFill on lands to establish a Finished Grade higher or lower than the Existing Grade and "Placing" and "Placed" in relation to Fill have the same meaning. 1.17 "Ponding" means the accumulation of surface water in an area not having drainage therefrom where the lack of drainage is caused by the Placing or Dumping of Fill or the alteration of the Grade. 923 3 1.18 "Proposed Grade" means the proposed elevation of the ground surface of land upon which any Fill is proposed to be Placed. 1.19 "Retaining Wall" means a wall designed to contain and support Fill which has a Finished Grade higher than that of adjacent lands. 1.20 "Soil" means material commonly known as earth, Topsoil, loam, subsoil, clay, sand or gravel or any combination thereof. 1.21 "Swale" means a shallow depression in the ground sloping to a place for disposal for the purpose of providing a method of drainage of surface water. 1.22 "Topsoil" means those horizons in a Soil profile, commonly known as the "0" and the "A" horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat. 1.23 "Zoning By-law" means a by-law passed by the Municipality pursuant to section 34 of the Planning Act and includes the Municipality's Zoning By- law 84-63, as amended or superseded from time to time and the Municipality's Oak Ridges Moraine Zoning By-law 2005-109 whichever is applicable to any land to which this By-law applies. 2. General Prohibitions 2.1 No Person may Place or Dump Fill or Topsoil or cause or permit Fill or Topsoil to be Placed or Dumped in the Municipality except in accordance with this By-law. 2.2 No Person may remove Soil or cause or permit the removal of Soil except in accordance with this By-law. 2.3 No Person may alter the Grade or cause or permit the Grade of any land in the Municipality to be altered except in accordance with this By-law. 2.4 Where a Permit has been issued, no Person may, except in accordance with the provisions of that Permit, (a) Place or Dump Fill or cause or permit Fill to be Placed or Dumped; (b) remove Soil or cause or permit the removal of Soil; or (c) alter the Grade of any land or cause or permit the Grade of any land in the Municipality to be altered. 3. Exceptions 3.1 The provisions of this By-law do not apply to the extent that the Placing or Dumping ofFill, removal of Topsoil or alteration of the Grade ofland is: (a) undertaken by the Municipality or a local board of the Municipality; (b) on residential properties for the purpose of swimming pool installations; (c) imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53 respectively, of the Planning Act or as a requirement ofa site plan agreement or a subdivision agreement executed and in good standing entered into under those sections; 924 4 (d) imposed after December 31, 2002 as a condition to a development pennit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into and in good standing under that regulation; (e) undertaken by transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; (f) undertaken on land described in a licence for a pit or quany or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; (g) undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and ii) on which a pit or quarry is a permitted land use under a by- law passed under section 34 of the Planning Act; (h) undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act; (i) undertaken in accordance with a pennit issued by the Municipality's Chief Building Official pursuant to the Building Code Act, 1992 for the erection or demolition of a building or structure, provided the Director and the Chief Building Official are satisfied that the permit application provides sufficient information to detennine compliance with the provisions of this By-law; G) undertaken in accordance with an order issued pursuant to the Municipality's Property Standards By-law as amended from time to time; or (k) Contractor's Yard which imports, processes, used and/or calls organic or granular material and which complies with the Municipality's Zoning By-law. 3.2 The provisions of this By-law do not apply to the extent that Fill is Placed on lands zoned for residential use within the meaning of the Zoning By-law for the purpose of lawn dressing, landscaping, adding to flower beds or vegetable gardens, provided that: (a) the elevation of the land within 1.0 metres of the property line is not changed; (b) there is no change in the location, direction or elevation of any natural or artificial watercourse, open channel, Swale or ditch used to drain land; (c) the functionality of any drainage infrastructure is not impeded; (d) the Dumping or Placing ofFill on a Lot which is 0.1 hectares or less, provided that the volume ofFill Dumped or Placed does not exceed 30 cubic metres in any consecutive 12 month period; and (e) the Dumping or Placing ofFill on a Lot which is greater than 0.1 hectares in area, provided that the volume of Dumped or Placed Fill does not exceed 60 cubic metres in any consecutive 12 month period. 925 5 3.3 The provisions of this By-law do not apply to the extent that Topsoil is removed or placed as an incidental part of bona fide Normal Agricultural Practice. 3.4 The provisions of this By-law do not apply in an area to the extent of any conflict with a regulation made under section 28 of the Conservation Authorities Act respecting the Placing or Dumping ofFill, removal of Topsoil or alteration of the Grade ofland in such area. 3.5 The provisions of this By-law do not apply in an area to the extent to any conflict with a regulation made under Ontario Regulation 140102 - The Oak Ridges Moraine Conservation Plan respecting the Placing or Dumping of Fill, removal of Topsoil or alteration of the Grade ofland in such area. 4. Specific Prohibitions and Regulations 4.1 No Person may Place or Dump Fill or cause or permit Fill to be Placed or Dumped and no Person may remove Topsoil or cause or permit the removal of Topsoil and no Person may alter the Grade of any land or cause or permit the Grade of any land to be altered within the Municipality in any of the following circumstances: (a) where the Owner has not consented in writing to the Placing or Dumping ofFill or to the removal of Topsoil or to alteration of the Grade; (b) where the Fill is Placed or Dumped or the Grade is altered for storage purposes and such storage is not permitted pursuant to the Zoning By-law; (c) where the Placing or Dumping ofFill is in contravention of any Federal, Provincial or Municipal laws, by-laws, notices, regulations, permits or agreements; (d) where the Placing or Dumping ofFill or alteration of the Grade will result in changing any Grade established by a grading and drainage plan approved by the Director including, without limitation, a grading and drainage plan approved by the Director in relation to any subdivision, re-zoning, site plan or building permit approval, and such Placing or Dumping or Fill or alteration occurs without a valid Permit therefore; (e) where Municipal pavement, ditches, culverts, sidewalks, facilities or other infrastructure or services are, or may be, in any way impacted. The Municipality may invoke its right to post a No Heavy Trucks route in the event that a hauler is damaging Municipal infrastructure; (f) where the Fill includes material from the demolition of any structure, toxic or hazardous materials, glass, raw sewage, Contaminated Fill, construction refuse or debris; or (g) where the Placing or Dumping ofFill or alteration of the Grade is on or with respect to any land zoned within any of the Open Space or environmental protection zones provided in the Zoning By-law, unless either approval therefore has been issued by the Conservation Authority with jurisdiction over such land, or a Permit has been issued pursuant to this By-law. 5. Issuance of a Permit 926 6 5.1 The Director is hereby authorized and directed to issue a Pennit where an Applicant has satisfied the requirements of this By-law. 5.2 An Applicant shall submit the following to the Director: (a) a completed application in the form prescribed from time to time by the Director in accordance with the information required in this By- law; (b) the Permit fee prescribed by the Municipality from time to time; (c) when required by the Director 'in order to assess the impact of the Fill or alteration on the environment affected, a Fill-control plan, which shall include any or all of the following as shall be specified by the Director and to the Director's satisfaction: i) a key map showing the location of each Lot, including the nearest major intersection and north arrow; ii) the Lot's boundaries and area (expressed in hectares) of each such lot or parcel ofland; iii) the existing and proposed use of the land and the location and use of the buildings'and other structures adjacent to each Lot; iv) the location, dimensions and use of any building and other structures existing or proposed to be erected on each Lot; v) the location oflakes, streams, wetlands, channels, ditches, other watercourses and other bodies of water on and within a minimum of30 metres beyond each Lot's boundaries; vi) the location of all Regulatory Flood Lines and Conservation Authority Fill Regulation lines; vii) the location and identification of the predominant existing Soil types on the Lot; viii) the species, Grade at base and size of all trees greater than 250 millimetres in calliper, all shrubs, trees and hedges within three (3) metre(s) of the property line and driveways on each Lot and all easements and rights-of-way over, under, across or through the Lot; ix) the location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within a minimum 000 metres beyond each Lot's boundaries; x) the location and dimensions of utilities, structures, roads, highways and paving located within a minimum 000 metres beyond each Lot's boundaries; xi) the existing topography on the Lot and extending a minimum of30 metres beyond the Lot's boundaries; xii) the Proposed Grades of each Lot; xiii) the location and dimensions of all proposed land disturbance activities, including construction of access roads; 927 7 xiv) the location and dimensions of all temporary Soil, dirt or Fill stockpiles; xv) the location, dimensions, design details and design calculations of all construction site erosion control measures that may be necessary to minimize the impact of the proposal; xvi) a schedule of the anticipated starting and completion dates of each land disturbance or land development activity; xvii) provisions for the maintenance of the construction site erosion control and dust control measures during construction and after as required; xviii) a plan of proposed external haul routes and daily schedule for hauling, including a plan showing signage as required by the Director; xix) the scale of drawing, ranging from 1 :250 to 1: 1 000 as deemed appropriate (each drawing control plan to be in metres); xx) an indication on the drawing of directions of overland water flow and overland flow route; xxi) any information, plans or studies required by Ontario Regulation 140/02. (d) Proposed Grades and drainage system to be used upon completion of the Placing or Dumping ofFill on a Lot; (e) a description of the proposed Fill, including a list of the sources and geotechnical reports as to content and quality, prepared by qualified experts in that regard; (f) a certificate of the Owner, Applicant and each qualified expert referenced in paragraph (e) certifying that the Fill contains no contaminants as defined in the Environmental Protection Act, R.S.O. 1990, c. E.19; (g) a plan showing the design details to proper scale of any Retaining Wall that may be required and the dimensions of any materials to be used in construction of such Retaining Wall; and (h) security in a form and amount to be determined by the Director to secure performance of the work for which the Permit is being. applied. 5.3 The Director shall have the Authority to designate all truck routes and trucking schedules, including any revisions, in order to minimize impacts to the public and Municipal infrastructure. Public notification and signage may also be required by the Director. 5.4 Any person Dumping Fill or Topsoil or altering grades within the municipality shall implement and maintain an approved mud tracking and dust control program. Such program shall be provided in writing to the Director's satisfaction and shall include the provision of mud mats and dust control measures at both the removal and dumping sites, and the continuous monitoring thereof. Emergency contact names and numbers shall also be provided to the Director. Where mud and dust are not controlled to the satisfaction of the Director, the Director may, without notice, have such mud 928 8 or dust controlled by Municipal forces or a third party contractor and such costs, including a 30% management and administration charge, shall be paid by the applicant upon invoicing. Any associated Permit may also be considered revoked, until such invoices are fully paid and any additional letters of credit provided, to the sole discretion of the Director. 5.5 The Director may draw upon the security posted pursuant to paragraph 5.2(h) to recover the costs incurred by the Municipality in performing any required worlc which the Owner or the Applicant has failed to perform. 5.6 The issuance of a Permit does not relieve the Owner or the Applicant from the obligation to secure all other applicable approvals. 6. Permit Requirements 6.1' The Director may, prior to the issuance of a Permit, require the Owner or Applicant or both to enter into an agreement which may be registered on title to the Lot containing such requirements of this By-law as the Director considers necessary to ensure that the alteration ofland or the Placing or Dumping or removal ofFill is done in accordance with the prevailing design standards of the Municipality and proper engineering principles, and that prior to the commencement of the Placing or Dumping ofFill, a mud tracking and dust control program containing measures considered to be appropriate by the Director to control mud tracking and dust both on the Lot or other land from which the Fill is proposed to be removed and on the land on which Fill is to be Placed or Dumped and the truck routes proposed to be used by the Applicant, if any, to move the Fill to the Lot on which it is proposed to be Dumped or Placed. 6.2 Requirements contained in an agreement may include the Owner or Applicant releasing and indemnifying the Municipality, certifying that the Fill contains no contaminants as defined in the Environmental Protection Act, posting with the Municipality the required security and where, in the opinion of the Director, extensive activities are proposed, certification by a geotechnical engineer or other similarly qualified Person, both prior to the issuance of a Permit and upon completion of the worlc. All such certification shall state that the Owner or Applicant can and has complied with all of the obligations and conditions contained in the applied for and issued Permit. 6.3 The Director may, from time to time and at the Applicant's expense, require the testing of any Fill by a qualified expert retained by the Municipality. 6.4 The Director may require the Applicant to install such site remediation measures, including Topsoil, seeding, sodding and installation ofberms and landscaping, as are necessary to minimize the visual impact ofFill or Grade alteration proposals. 7. Permit Expiry or Renewal 7.1 A Permit shall expire 90 calendar days after the day on which it is issued pursuant to this By-law. 7.2 A Permit may be renewed at any time prior to its expiry for an additional 90 day period by an Applicant making a written application to the Director accompanied by a payment of50% of the original Permit fee, provided that the Permit requirements imposed by this By-law and any agreement made pursuant to paragraphs 6.1 and 6.2 respecting the Permit proposed to be renewed are not amended or changed. 929 9 8. Permit Revocation 8.1 It is a condition of each Permit that the Permit may be revoked by the Director under the following circumstances: (a) if it was obtained on mistaken, false or incorrect information; (b) if it was issued in error; (c) if the Owner or Applicant requests in writing that it be revoked; (d) if the tenns of an agreement under this By-law have not been complied with; or ( e) if an Owner or an Applicant fails to comply with the provisions of this By-law or with an order requiring work to be done to correct any contravention of this By-law. 9. Enforcement 9.1 Inspectors are hereby authorized to carry out inspections in relation to this By-law and are delegated such powers as are within the jurisdiction of the Municipality in order to administer and enforce this By-law including, without limitation, the power to make orders requiring the discontinuance of activities and requiring work to be done to correct contraventions of this By- law. 10. Remedies and Penalties 10.1 Each person who Places or Dumps Fill or who causes or permits Fill to be Placed or Dumped contrary to this By-law or to a Permit shall forthwith remove such Fill and restore the existing Grade of the land. 10.2 Each Person who removes Topsoil contrary to this By-law or to a Permit shall forthwith rehabilitate the land from which the Topsoil was removed including the replacement on the land of Topsoil and the restoration of the Existing Grade of the land 10.3 Each Person who alters the Grade of land or who causes or permits the alteration of the Grade ofland contrary to this By-law or to a Permit shall forthwith restore the land to its original condition including the Existing Grade of the land 10.4 Where an Owner fails to do any work required in an order issued pursuant to this By-law within the period specified, the Director may cause the work to be done at the Owner's expense and, for this purpose, the Director, Inspectors and the Municipality's employees and agents may enter on the Owner's land at any reasonable time. 10.5 Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction shall be liable to a tine as set out in The Provincial Offences Act. 10.6 Should any section, clause, or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof, other than the part so declared to be invalid. 11. General Provisions 930 10 11.1 The provisions of this By-law shall apply to all lands and premises within the Municipality. 11.2 All references to legislation in this By-law are references to legislation of the Province of Ontario, as amended from time to time, including successor legislation, whether enacted prior to or subsequent to the enactment of this By-law. 11.3 Should any section or subsection of this By-law be declared invalid by a court of competent jurisdiction, such section or subsection shall be construed as being severed from this By-law and the remainder of this By-law shall continue in full force and effect. 11.4 This By-law shall be administered by the Director of Engineering Services. BY-LAW read a first and second time this xxth day ofxxxxxx, 2008. BY-LAW read a third time and finally passed this xxth day of xxx xxx, 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 931 C:l!J!-!lJglOn REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2008 Report #: OPD-004-08 File #: By-Law #: Subject: PITCH-IN WEEK CANADA "CLARINGTON CLEAN AND GREEN" Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-004-08 be received for information Submitted by: d ~r.. ROD.JhR. RRFA Director of Operations ReViet: FH/SA/BG/cv 1001 REPORT NO. OPD-004-08 PAGE 2 1.0 BACKGROUND AND COMMENT: 1.1 April 21, 2008 to April 26, 2008, will mark the 42nd Annual Pitch-in Canada Week, dubbed "Operation Clean Sweep". It will be Clarington's 5th year to participate in the campaign. Participation each year has increased, and we expect to exceed participation again this year. Our goal this year is to encourage local volunteer action to clean up the community and provide for a source of civic pride. Again this year home builders were sent letters to participate by sponsoring the event with sign advertisement, supplying materials and to clean up their sites (Attachment #1). Nationally 42% of volunteers come from schools. Last year schools were challenged to contribute 150,000 minutes of participation. They surpassed that challenge by 75,000 minutes for a total of 225,000 minutes of participation. Schools will again be challenged in 2008 to exceed last years 225,000 minutes (Attachment #2). 1.2 Last year's events from April 23, 2007 to April 28, 2007, were a big success with over 2,926 participants and 49 locations and approximately 5.2 tonnes of garbage were collected. In comparison, 2006 had just over 2,000 participants, 42 locations, and 4.5 tonnes of garbage collected, and 2005 had 27 locations and 4 tonnes of garbage collected. 1.3 Community Cleanup: Locations for clean up are determined from several sources. Staff report areas that contain large amounts of litter. Volunteer groups without a particular preference area are given these identified areas to clean up. Schools usually clean up areas in and around their home school. Lastly through advertising and inquiries other groups or individuals come forward and let us know which area requires cleaning and volunteer to do these identified areas. 1002 REPORT NO. OPD-004-08 PAGE 3 1.4 Adopt a Road: In the past, Clarington groups or community organizations have come forward to participate in the Adopt a Road Program. The Municipality of Clarington ADOPT-A-ROAD PROGRAM (Attachment #3) has been established as a public service program for participants to pick up litter along certain Municipal road rights-of-way. It is a way for environmentally conscious citizens to make a personal contribution to a cleaner environment. Under the program, groups or individuals agree to adopt a section of road right-of-way and keep it clean. In addition to a cleaner environment, the group may be recognized by a sign erected by the Municipality acknowledging their efforts. The following groups have adopted Roads: Liberty Dental Centre King St. from Regional Road 57 to Scugog St. Courtice Lions Trulls Road from Hwy 2 to Bloor St. Brookside Cottaqes Bed and Breakfast Cone. Road 7 from Regional Road 57 to Middle Road St. John Anqlican Church Green Road from Hwy. 2 to Nash Road Rotary Club of Bowmanville Baseline Road from Westside Dr. to Liberty St. To adopt a road, groups or organizations can call the Engineering Department for further information at (905) 623-3379. 1003 REPORT NO. OPD-004-08 PAGE 4 1.5 2008 Activities: This year the following services will be included on our Pitch In Day on Saturday April 26, 2008 in the recycling drop off area for residents, located in the lot of the Animal Services Yard at 33 Lake Road in Bowmanville: . Dry Cell Battery Collection drop off (AA, AM, C, 0, cell phone batteries etc) . Cellular Phone drop off . Habitat Canada - continued support to recycle building materials - items include: complete small windows (under 3x4) solid wood and hollow paneled doors (no slab doors) - good bathroom vanity cupboards - door hardware - tools solid wooden furniture (no upholstery) good working appliances (no freezers) - full length lumber and trim paper back books and knick knacks . Durham Region Free Compost and Blue Box, Green Bins and Composter Sales (bring in your broken Blue Boxes or Green Bins for a free replacement) Note: limit 3 containers for Free Compost and bring your own shovel . The Municipality will also have wood mulch for free pickup for home/garden use. (bring your own containers and shovels) Other activities will include: . A sign cleanup blitz throughout the Municipality prior to the event. . The application of decals on Municipal garbage receptacles to promote Clarington "Clean and Green". 1004 REPORT NO. OPD-004-08 PAGE 5 2.0 CONCLUSION A challenge has been put forth to the Town of Whitby Regarding community involvement in the "Pitch In" campaign. We are awaiting their commitment, and staff will work out the details. This challenge will aid to promote Pitch-In Week's primary goal which is to encourage community involvement in cleaning up local roadsides, parks, green spaces and neighbourhoods. Just as important though, is the Pitch-In message which is to change attitudes to more environmental awareness and community pride. To this end, staff are promoting "Clarington Clean and Green Week", not only for cleaning up litter, but to encourage the three "R"s reduce, recycle and reuse. Attachments: 1) Letter to Builders/Developers 2) Letter to Schools 3) Adopt a Road Program, terms and conditions CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2291 F (905) 263-44331005 ATTACHMENT NO.: 1 REPORT NO.: OPD-004-08 March 26, 2008 Dear Manager: Subiect: ClarinClton Clean and Green Campaian This will be the 6th year that the Municipality of Clarington has participated in Pitch-In Week which will take place April 21 to 26, 2008. We have been partners with the National Pitch-In Canada Program which is now is in it's 42nd year. This program has been very active in promoting a personal sense of environmental awareness. Since Pitch-In Canada was founded in 1967, Canada's youth have participated enthusiastically in its program, showing their interest in, and concern for, the environment. The organization's programs receive wide support and are used by thousands of youth leaders and teachers to emphasize the importance of personal involvement in, and dedication to, resolving environmental problems. This year it is expected that one and a half million Canadians will participate in the 2008 Pitch-In Canada Week. We would like to invite your business to help us make this year's Pitch-In Week even better than last year. Businesses are being asked to partner with the Municipality of Clarington to adopt and help clean up the area by your business. Motorists and pedestrians account for between 30 to 50 percent of all litter. This litter if not properly disposed of, is easily blown to neighbouring areas. We believe that participation in a program like Pitch-In Week will encourage civic pride, especially in the local community. We are hoping that your business will participate in our 2008 campaign. We need your support and involvement toward keeping our Municipality litter free. We would appreciate it if your business could help us bv sponsorinq us for siqn advertisement or supplvinq us with materials such as qloves in various sizes. etc. Also. please ensure your property is kept clean for the entire week of pitch-in week For more information and/or to let us know how you would like to participate, please call Susan Arends, Operations Technician or myself at (905) 263-2291 from Monday to Friday between 8 am and 3:30 pm. Sincerely yours, Bob Genosko, Supervisor Operations Department BG/sa 1006 ATTACHMENT NO.: 2 REPORT NO.: OPD-004-08 March 26, 2008 Dear Principal: Subiect: Clarinaton Clean and Green Campaian This will be the 6th year that the Municipality of Clarington has participated in Pitch-In Week which will take place April 21 to 26, 2008. We have been partners with the National Pitch-In Canada Program which is now is in it's 42nd year. This program has been very active in promoting a personal sense of environmental awareness. Since Pitch-In Canada was founded in 1967, Canada's youth have participated enthusiastically in its program, showing their interest in, and concern for, the environment. The organization's programs receive wide support and are used by thousands of youth leaders and teachers to emphasize the importance of personal involvement in, and dedication to, resolving environmental problems. This year it is expected that one and a half million Canadians will participate in the 2008 Pitch-In Canada Week. We would like to invite your school to help us make this year's Pitch-In Week even better than last year. All schools are being asked to partner with the Municipality of Clarington to adopt and help clean up the neighbouring park or area by your school. Motorists and pedestrians account for between 30 to 50 percent of all litter. This litter if not properly disposed of, is easily blown to neighbouring areas. We believe that participation in a program like Pitch-In Week will encourage civic pride, especially in the local community. We are hoping that your school will participate in our 2008 campaign. We are askinq for a minimum of 20 minutes the week of April 21 st. We have set a goal of 225,000 cleanup minutes from Clarington schools as part of the 2008 Campaign. We need your support and involvement toward keeping our Municipality litter free. We would be qlad to supply yOU with qarbaqe baqs and a qarbaqe pickup after the event. In addition, each participatinq school will receive a Certificate of Participation from the Municipality. For more information and/or to let us know which day you would like to participate, please call Susan Arends, Operations Technician or myself at (905) 263-2291. Sincerely yours, Bob Genosko, Supervisor Operations Department BG/sa 1007 ATTACHMENT NO.: 3 REPORT NO.: OPD-004-08 MUNICIPALITY OF CLARINGTON ADOPT-A-ROAD PROGRAM TERMS AND CONDITIONS PURPOSE The Municipality of Clarington ADOPT-A-ROAD PROGRAM has been established as a public service program for participants to pick up litter along certain Municipal road rights-of-way. It is a way for environmentally conscious citizens to make a personal contribution to a cleaner environment. Under the program, groups or individuals agree to adopt a section of road right-of-way and keep it clean. In addition to a cleaner environment, the group may be recognized by a sign erected by the Municipality acknowledging their efforts. PARTICIPATION IN ADOPT-A-ROAD PROGRAM Roadway safety is a primary importance in all Municipal decisions related to the ADOPT-A-ROAD Program. Only groups and individuals determined by the Municipality to be responsible and to exhibit, in good faith, the desire and the ability to achieve ADOPT-A-ROAD Program objectives within the parameters of these TERMS AND CONDITIONS will be allowed to adopt a section of road right-of-way. The Municipality may refuse to grant a request to adopt a section if, in its opinion, granting the request would jeopardize the program, be counter-productive to its purpose, create a public safety hazard, or be in conflict with government or Municipal policies. Participants are not considered as Officers, Employees or Agents of the Municipality. Any injuries, claims, liabilities, suits or costs arising from the participants' activities relating to this agreement, shall be the sole responsibility of the participant. The individual/group shall indemnify the Municipality and agree to abide by the Municipality's guidelines and to not hold the Municipality responsible for any injuries or damages that they may cause or suffer as a result of participation in the ADOPT-A-ROAD Program. The individual/group shall provide proof of current liability insurance including the Municipality as an additional named insured. Participants are encouraged to recycle materials such as aluminum cans or glass bottles collected from the adopted section of right-of-way, whenever and wherever possible. Groups wishing to participate in the ADOPT -A-ROAD Program must have their Authorized Group Representative (AGR) complete and submit the attached AGREEMENT to the Municipality of Clarington, Engineering Services, located at 40 Temperance Street, Bowmanville, Ontario. Contact telephone numbers are (905) 623-3379 or via FAX (905) 623-9282 and office hours are 8:30 a.m. to 4:00 p.m., Monday to Friday. After the Group is approved to participate, a Road Occupancy Permit (ROP) must be completed by the AGR 72 hours prior to any scheduled litter pick-up on the designated road section. The Authorized Group Representative must contact the Operations Department Representative to borrow safety devices and report details of any hazardous objects located TO THE DEPOT - Hampton Operations Centre 905-263-~292. " Municipality of Clarington Adopt-A-Road Program, Page I 1008 ATTACHMENT NO.: 3 REPORT NO.: OPD-004-08 MODIFICATION/RENEWALITERMINATION OF THE AGREEMENT OR PROGRAM The ADOPT -A-ROAD agreement or program may be modified in scope or altered in any manner at the discretion of the Municipality. Participants will have the option of renewing their agreement, subject to the approval of the Municipality and continuation of the program. Updated participant sign-up lists are required at the time of renewal. The Municipality may terminate the agreement and/or remove the ADOPT-A-ROAD signs bearing the group's name if it finds that the group is not meeting the terms and conditions of the agreement; one or more participants of a group is not responsible; the participants are acting contrary to the guidelines of the program; the adoption is proving to be counter-productive to the program's objectives; undesirable effects such as increased litter, vandalism, or sign theft are resulting from the adoption or; participants engaged in irresponsible conduct at the adopted section. PARTICIPANT RESPONSIBILITIES Participants participating in the ADOPT A ROAD PROGRAM agree to: · Appoint or select an Authorized Group Representative (AGR) to be liaison for the group. · Ensure that the Authorized Group Representative(s) attend an annual safety meeting provided by the Municipality and, in turn, supply safety training to the participants. All participants must receive and be familiar with the contents of the Municipality safety brochure "Safety Guidelines for Participants" before participating in the clean-up of the adopted section of the right-of-way. · Obey and abide by all laws and regulations relating to safety and such terms and conditions as may be required by the Municipality. · Make arrangements for off road parking or shuttle bus-type of travel to the work site. · Know where the nearest pay phone is or have a cellular phone available for emergencies. · Ensure provision of all transportation, supervision, safety equipment and medical/first aid kits. · Pick up litter a minimum of two (2) times a year to maintain a clean right-of-way. · When appropriate, sort litter into 4 different categories: glass, plastic, metal and "other" refuse within clear trash bags to allow disposal in jurisdictions that accept recyclable trash. · Ensure that the AGR contacts the Municipality a minimum of 72 hours prior to beginning a litter pick-up to obtain permission through a Road Occupancy Permit (ROP). · Wear a safety vest at all times (Operations Centre can provide vests) and wear any additional appropriate safety apparel (e.g. work gloves and CSA approved work boots) during the pick-up. · Collect litter only from the adopted road allowance and not upon adjoining private property. · Not pick up litter on the road surface, paved or gravel shoulders, paved medians, in tunnels, on overpasses, or around other structures or locations that could pose a danger to the participant. · Wear protective eyewear (e.g. sunglasses) and clothing that will not impair movement. Municipality ofClarington Adopt-A-Road Program, Page 2 1009 ATTACHMENT NO.: 3 REPORT NO.: OPD-004-08 · Not wear attire that might divert the attention of motorists during clean-up activities. · Ensure that no individual under the age of twelve (12) participates. · Provide supervision by one adult (19 years of age or older) for every five (5) or less participants 12 - 18 years of age. The municipality reserves the right to limit the number of participants working on the adopted section of road right-of-way. · Ensure no participant possesses or consumes alcoholic beverages immediately before or during clean- up activities. · Suspend litter pick-up when weather conditions become inclement (Le. fog, rain, drizzle, high wind, electrical storms, etc.). · Ensure that no pets or infant children or toddlers are present at the clean-up site. · Work only during daylight hours (1 hour after sunrise and 1 hour before sunset). · Display "road work" symbol signs and designate presence of vehicles parked on the shoulder in high speed traffic areas by deploying traffic pylons around them during litter pick-up · Flag (fluorescent ribbon) closed containers, heavy objects or suspected hazardous materials for pick- up and disposal later by Operations Department staff. Identify these to your group representative. · Surrender items of personal value (wallet, purse, camera etc.) found on road allowance to the nearest police station. · Ensure that no promotional signs, posters or other display material are brought to the adopted section during or between litter clean-ups. · Place filled trash bags at the designated pick-up site(s) or approved landfill sites as prearranged by the Operations Department Representative and the Authorized Group Representative. · Notify the Operations Department Representative immediately after each clean-up if the filled litter bags have been arranged to be removed by Operation Department works crews. · Ensure that litter pick-ups do not occur on any inappropriate times noted in the AGREEMENT. · Return all loaned items to the issuing Operations Department depot at the completion of each pick-up. Failure to do so will result in the group or individual being billed for the replacement value of the items. · The individual/group shall indemnify the Municipality and agree to abide by the Municipality's guidelines and to not hold the Municipality responsible for any injuries or damages that they may cause or suffer as a result of participation in the ADOPT-A-ROAD Program. The individual/group shall provide proof of current liability insurance including the Municipality as an additional named insured. Municipality of Clarington Adopt-A-Road Program, Page 3 1010 ATTACHMENT NO.: 3 REPORT NO.: OPD-004-08 MUNICIPAL RESPONSIBILITIES The Municipality agrees to: . Approve the specific section of Municipal road right-of-way to be adopted by particular groups if all conditions have been met. . Provide or loan out safety vest, "road work" signs, fluorescent ribbon and traffic pylons when required. . Provide periodic project awareness and safety training to appropriate Authorized Group Representatives through brochures and viewing or the loaning of the program VHS videotape. . Where feasible erect and maintain approved sign(s) with the groups' name displayed at the beginning of each adopted section of highway right-of-way; unless, in the opinion of Engineering Services, erecting the signs would jeopardize the program, be counter-productive to its purpose, create a hazard to the safety of the public, or be in conflict with government or Municipal policies. A minimum 2km section is normally required before recognition signs will be considered. . Use Operations Department staff to remove bagged consolidated litter where appropriate. . Remove litter from the adopted right-of-way section under special circumstances (Le. to remove large, heavy or hazardous items) that participants marked by fluorescent ribbon and notified depot. . Monitor to ensure the objectives of the program are met. . Approve the name and titles of designated groups placed on official ADOPT-A-ROAD signs. Municipality of Clarington Adopt-A-Road Program, Page 4 1011 CI!J!.mgron REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2008 Report #: ESO':005-08 File # 10.12.6 By-law # Subject: RESIDENTIAL SPRINKLERS - CORRESPONDENCE FROM CITY OF MISSISSAUGA Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESO-005-08 be received for information; 2. THAT the resolution passed by the City of Mississauga, with respect to residential fire sprinklers, be endorsed by Council; and 3. THAT the City of Mississauga be advised of Council's decision. Submitted by: Gordon Weir, AMCT, CMM111 Director of Emergency & Fire Services /r}J0 J-" GW:sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-65pfO 1 ESD-005-08 Page 2 BACKGROUND Statistics have shown that 9 out of 10 fire deaths occur in the home. As of March 25, 2008 there have been 33 fire deaths in the Province this year. Since 1986 smoke alarms have been the law and more recently, in 2006, a working smoke alarm on every level of the home has been legislated. Unfortunately, fire services still find that many residents are not complying and in 81 % of fire death situations there was no evidence of a working smoke alarm. Approximately 18 years ago, the City of Vancouver made it mandatory that all new residential units must have a sprinkler system. Since that time there have been no fire deaths in a home that was sprinklered. As well, 90% of fires that occurred in a sprinklered home, the fire was contained by the operation of a single sprinkler head. Average fire loss in a home that was sprinklered was $1,065 as compared to $13,397 in a non-sprinklered home. In reviewing statistics for Vancouver it shows that residential sprinklers work and from a life safety perspective, work very effectively. In North America statistics indicate that having both systems, smoke alarms and sprinklers, will reduce the risk of home fire deaths by 82%. Should you require further information on home sprinklers you can visit www.sprinklers.ora or contact Clarington Emergency and Fire Services, Fire Prevention Division, for more facts. REPORT In the Council meeting held on January 28,2008, Item D-11(copy attached) was referred to staff. After a review of the statistics that have been published regarding Residential Sprinklers, which show that fire sprinklers have a proven record of savings lives and reducing property loss, staff recommend that Council endorse the resolution put forward by the Council of the City of Mississauga. Attachment: Letters from City of Mississauga dated February 5, 2008. 1102 -. o~ MISSISS- 4. . '1v. ~ Q () " AGEND" '08fEB13 pt\12:46:40 -- " ~ '\ COo "ClJ -9,oORA"'C.~ OFFICE OF THE MAYOR February 5, 2008 The Honourable Rick Bartolucci Minister of Community Safety & Correctional Services 25 Grosvenor Street, 18th Floor . . Toronto, Ontario M7A 1 Y6 Dear Mr. Minister: Re: Residential Fire Sprinklers The Corporation of the City ofMississauga at its meeting on January 30,2008, adopted the. attached Resolution 0013-2008 resulting from concerns expressed byCity Council that the Province of Ontario is the only provincial jurisdiction in Canada that does not require residential fire sprinklers in high-rise residential buildings. The safety ofllie citizens in Mississaugaand in Ontario' as a whole is paramount and fire sprinklers have proven to save lives. The Solicitor Ge~era1 for Ontario is responsible for the inclusion of safety regulations for new buildings under the Ontario Fire Code. I am also writing to the Minister of Municipal Affairs and Housing to request that the requirement for residential sprinklers be included in the Ontario Building Code Act. I would strongly recommend that the requirements for residential sprinkler protection be included in the Ontario Fire Code at the earliest opportunity. . .'", I loo~ forward to your response in ~s regard. fI! ~L~SJ~~':'!!n~~ r , L McCALLIO , C. . ' YOR I\CK. BY . ~ . ~rJNAL: ~. . . ~")!ES It}. _ ~ i Lj-. 1 !.~_.__._-_... -+ 4 . l~.._.. ~-_.._-- ...-'.- ;'. . I...... ..... ..... ",'" , ' r.....-....... .. ......-r I I-~._....., . .....----i- -;: 1.~I.-~EQ9~~- ; .... ..... .,_..........~......_.~... . cc: Canadian Association of Fire Chiefs Ontario Association of Fire Chiefs Mississauga MPPs Association of Municipalities of Ontario All member municipalities in the Greater Toronto Area THE CORPORATION OF THE CITY OF MISSISSAUGA 300 CITY CENTRE DRIVE, MISSISSAUGA, ON L5B 3C1 TEL: 905-896-5555 FAX: 905-896-5879 mayor@mississauga.ca . ., ., . MlSSfSSAUG\ RESOLUTION 0013-2008 adopted by the Council of The Corporation of the, City of Mississauga at itS meeting on January 30, 2008 0013-2008 Moved by: S. McFadden Seconded by: G. Carlson , Whereas the Province of Ontario is the only provincial jurisdiction in Canada fuat does not require residential fire sprinklers in high-rise residential buildingSf . . And whereas during an average year in Ontario. almost 13,000 structure fires r~sult in 90 deaths, 800 injuries and $347 million in property damage with 72% of these fires occurring in residential structures, And whereas fire sprinklers have a proven record of saving lives and reducing property loss, . . And whereas the Council of the City of MissisSauga is on record as being in support 'of residential fire sprinklers (Council resolutions #431-94, #3-95 and # 104-95), And whereas the Minister of Housing of Ontario is responsible for the formulation of requirements covering the safety regulations for new buildings in Ontario under the Buil':ling Code Act, and the Solicitor General of Ontario is responsible for the formulation of requirements covering the safety regulations for: existing buildings in Ontario under the Fire Protection and Prevention Act, Therefore, be it resolved that the City of Mississauga petition the Minister of Housing for Ontario to ensure that the requirement for the inStallation of sprinkler protection be extended to include all new residential construction as defined .under the Ontario Builciing Code, And be it further resolved, that the Council of the City of Mississauga petition the Solicitor General for Ontario to include the requirements for residential sprinkler protection inth~ ~tario Fire Code, And be it further resolved that this resolution be circulated to the members of Provincial Parliament for Mississauga, the Canadian Association of Fire Chiefs, the Ontario Association of Fire Chiefs, the Association of Municipalities of Ontario and all member municipalities of the Greater Toronto Area Carried LA.{)9 1104 CJ.~mgtDn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2008 Resolution #: Report #: CSO-OOB-OB File #: By-law #: Subject: COMMUNITY SERVICES DEPARTMENT - FINANCIAL ASSISTANCE POLICY RECOMMENDATIONS It is respectfully recommended that the General Purpose and Administration Com'mittee recommend to Council the following: 1. THAT Report CSD-008-08 be received; 2. THAT the Community SeNices Financial Assistance Programs (Attachment #2) be approved; and 3. THAT Barb Glaspell be advised of Council's decision. Submitted by: J s P. Caruana ir. ctor of Community SeNices Reviewed bC)~- ~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1201 REPORT NO.: CSD-OOS-OS PAGE 2 1.0 BACKGROUND 1.1 In October 2007, Council passed resolution GPA 597-07 requesting that the Director of Community Services review a resident request to implement a separate rate at the municipality's fitness centre for individuals with a disability. 1.2 The resolution also requested that the Accessibility Advisory Committee review the request and provide input. 1.3 Prior to the resident request, staff were in the early stages of researching municipal financial assistance policies. While the resident request is specific to individuals with a disability, staff believe that the issue of access to recreation needs to be viewed in the broader context and therefore this report deals with both the initial request of a rate for individuals with a disability as well as the broader issue of financial barriers to participation from a more general perspective. 2.0 RESEARCH 2.1 Staff completed an environmental scan of Durham Region Municipalities as well as larger Greater Toronto Area Municipalities and Durham Region Transit to assess the current policies and practices related to providing financial assistance. 2.2 Staff surveyed nine municipalities and Durham Region Transit. Of the municipalities surveyed, three currently have financial assistance programs available to individuals with a disability: Oshawa Aax Pickerin Whitb Markham Guel h Halton Hills London Caledon Clarin ton Yes No Yes No No Yes No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes No 1202 REPORT NO.: eso-oos-os PAGE 3 2.4 While many municipalities do not currently offer reduced rates for individuals with a disability, all municipalities surveyed did have some form of a financial assistance policy in place to ensure that residents would not be excluded from participation due to an inability to pay. Generally, municipalities view this as a universal approach to providing fee subsidy maximizing the reach into the community and focusing the financial assistance where the community needs are the greatest. 2.5 All municipal financial assistance policies that staff reviewed provided financial assistance to individuals who are receiving Ontario Disability Support Program (ODSP) Income Support or recipients of Ontario Works Income Support. Some municipal policies also provide support for individuals where the household income falls below the low income cut-off line (L1CO) as determined by Statistics Canada. 2.6 Although a Regional responsibility, Durham Region Transit was included in the survey as they do provide service to Clarington residents. Durham Region Transit does offer an "ACCESS Pass" for individuals with a disability and who require financial assistance (recipients of the Ontario Disability Support Program). 2.7 Currently, the Municipality of Clarington does not have a financial assistance policy, therefore there is no financial assistance available through the municipality for individuals with a permanent disability or low-income families (single parent families, new immigrants, temporary unemployment, and persons with a permanent disability). 2.8 The Jump Start program was launched by Canadian Tire in 1999 to address the growing issue of inactivity and to help kids in need get active. The program funds children in low-income families between the ages of 4-18 yrs up to $300 per child for sport and recreation registration and equipment needs. The Municipality of Clarington entered into a partnership with the Canadian Tire Jump Start Program in January 2006. 2.9 In 2007, the program funded ten Clarington children a total of $2,401.00. In the 1st quarter of 2008, the program received seven requests for funding totalling $1,645.66. Although the Jump Start program has only been available in Clarington for 2 years, the participation clearly indicates that there are families in Clarington who require financial assistance in order to participate in recreation activities. 2.10 There has been significant research in the area of the benefits of recreation and the challenges faced by low-income families. "Everybody gets to play" (Attachment #1) provides an overview of the Canadian Parks and Recreation initiative which focuses on the importance of increasing access to Parks and Recreation activities for those in financial need. 1203 REPORT NO.: eso-oos-os PAGE 4 2.11 Staff met with David Kelly, Chair of the Accessibility Advisory Committee on January 4,2008 and the Accessibility Advisory Committee on February 27,2008 to discuss the resident request. Overall, the committee supported a discount to the Fitness Centre at the Courtice Community Complex for individuals with a permanent disability on the basis that generally individuals with a permanent disability are not able to make full use of much of the fitness equipment and therefore do not purchase memberships due to a perception that there is not the same value for money as with able bodied individuals. It was the opinion of the committee that a reduced rate may encourage greater participation of individuals with a disability. 2.12 The committee also felt that a policy should be developed to support the community at large including individuals with a disability on the basis of ability to pay for other programs and activities. 3.0 CONCLUSION 3.1 The issue of access to recreation is an important one as everyone in the community deserves a fair chance to play, grow and develop and maintain skills. It has been proven that accessible recreation not only enhances lives today, it is an investment in a healthy society for tomorrow. 3.2 The creation of any financial assistance policy should take a global look at the issues to ensure assistance is appropriately allocated and will have the greatest community impact. 3.3 The Community Services Department is committed to increasing access and participation in recreation activities among Clarington residents. The Department is committed to removing barriers to participation in recreation and providing leisure opportunities for all. Attachment #1-Canadian Parks and Recreation Initiative "Everybody gets to play" Attachment #2-Community Services Financial Assistance Programs Interested parties to be advised: Barbara Glaspell Accessibility Advisory Committee 1204 .......""-~..,~='~'-...~-_.~..,~..~-~-'M...,._~-~~~.c_~~.._"-"~~:.T;.;::;'~ i.:.:) CSD-008-08 Attachment #1 Introduction Everybody needs to play Everybody deserves a fair chance to play and grow. But not all kids get the chance. For low-income families, food, clothing and shelter come first. For some, recreation may seem like an unreachable luxury; for others it may seem like a frivolous expense. Paying user fees, buying clothing, equipment and uniforms, or paying for travel to facilities may not even be an option. Low-income families may not own vehicles and bus systems in low-income neighbourhoods or rural areas may be inadequate or non-existent. The E"erybO<ly ~efs to play Tool Kit was developed as part of the Canadian Parks and Recreation Association's (CPRA) national initiative to enhance the lives of Canadian children in low-income families through increased access to recreation. Created by recreation practitioners and partners across the country, it gives you-recreation practitioners and volunteers-the tools you need to mobilize communities and reduce barriers to recreation for low-income families and their children. It can be a useful resource for anyone who believes that children should have the opportunity to develop their physical, emotional, intellectual, spiritual and creative potential. To ensure that the Tool Kit would meet the needs of urban and rural groups, CPRA pilot-tested the project and held consultations in both large and small communities across Canada. CPRA also held a workshop in partnership with the Canadian Association for the Advancement of Women and Sport and Physical Activity to ensure that the Tool Kit would address the needs, interests and experiences of girls and young women. For more information on the E"erybO<ly ~efs to play initiative, see the Everybody gets to play backgrounder (A2) on the Tool Kit CD. r:, 1205 r~ ~ t, t. r. r. t r; r: I r: I rj r: r; I r; ! r; r! r! ri r! r, rl rl r\ r r r i r' r r, t' t', Why recreation for low-income families matters Children in low-income families live with risk In 1989, the House of Commons resolved to eradicate child poverty by the year 2000. But by 1996, there were 1.5 million children living in poverty-the highest number in 17 years.1 Today about 1.1 million or 1 out of 6 children in Canada live in poverty.2 In spite of the country's strong economic performance in recent years, child poverty continues to increase. There are many reasons. The changing make-up of our population is one. The number of new Canadians, members of visible minorities, and Aboriginal peoples is increasing. These people often fall into the lowest income groups. Divorce rates also continue to rise and single-parent families, especially those headed by mothers, are among the poorest in Canada. Children in female lone-parent families are four times as likely to be poor as children in two-parent families. 1 BC Campaign 2000, 1997. 2 Campaign 2000, Report Card on Child and Family Poverty in Canada, 2002. [T:' .. . While the Fight against poverty continues, children in low-income families are living with health and development challenges that their affluent peers rarely face. Research shows that: . more than 35% of children in low-income families have delayed vocabulary development . nearly 40% show high levels of indirect aggression, such as starting fights with their peers . near1;' 35% live in substandard housing . almost 75% rarely participate in organized sports These conditions may lead to further problems such as violence in schools, substance abuse and homelessness. . Recreation improves family interactions and academic performance. . Recreation boosts self-esteem and reduces depression, loneliness and anxiety. . Young people say they value the chance to have fun, learn new skills and be with friends. . Recreation can help prevent or reduce anti-social behaviour, smoking and substance abuse. . Recreation reduces the use of services such as probation, child psychiatry and psychology, and social work. . Children can learn motor and social skills and develop creativity through physical activity and play. . Recreation exposes children to positive role models. . Recreation for children can ease family pressures and help adults access training and other services. . Recreation programs bring communities together and encourage people to volunteer. . Facilities and green spaces provide welcoming places for communities to meet and are a source of community pride. Recreation can help Recreation is an efficient and economical way for society to help improve the lives of low-income families and their children. Accessible recreation not only enhances their lives today, it's an invest- ment in a healthy society for tomorrow. / j' Why youth say recreation is important . It makes me feel better about myself. . It improves my fitness and health. . It teaches me that I can learn new skills. . I feel proud when I succeed at a new activity. . I can do fun things with my friends. . I meet new friends and feel less lonely. . It teaches me how to resolve conflict and play on a team. . I can forget about my problems. 1206 What's the problem? Barriers to recreation Children and youth living in low-income families face significant barriers to recreation, many of which are systemic: . gender barriers-there is a bias in favour of boys, especially in sports . cultural barriers-visible minorities feel uncomfortable and unwelcome . socioeconomic barriers-the cost of recreation is prohibitive . organizational barriers-a lack of supportive policies, facilities and financial resources . communications barriers-youth and families are unaware of resources and services Although children have the right to recreation, many of those living in low-income families are denied the opportunity to participate. The statistics below tell the story;3 Activity Children in low-income families who articipate Organized sport l Arts and cultural activities 25% 19% Children in high-income families who artici ate 75% 32% ~, The United Nations Convention on the Rights of the Child (1989): "The child has the J~ right to rest and leisure... play and recreational activities." Canada's National Children's Agenda: '~s a nation, we aspire to have children who are as physically and emotionally healthy as they can be, with strong self-esteem, life skills and enthusiasm." What kids say Poverty is: . not being able to play soccer or hockey, take swim- ming lessons, or go on school trips or to camp . being teased about clothes, being afraid to tell your mom or dad you need gym shoes, or not buying books at the book fair . not getting to go to birthday parties or have your friend sleep over . not having breakfast, or pretending you forgot your lunch . being ashamed when your dad or mom can't get a job or when you get a basket from the Santa Fund I , , , , , , , , , . ,. I I I I . :1. ." ~ ) National Longitudinal Survey of Children and Youth, Statistics Canada, 1996. 1207 1208 A baniCI may be something that limits participation, but it can also be something that discourages people fj'om making the effort. For e.xa~ple, low-inco~e fa~ilies ma~ feel isolated and n.ot wan.ted by the cUil1munity. Or they may fear bemg Judged and stigmatIzed; low-mcome people seeking assistance often llJve to prove they cannot pay. To compound the problem, recreation staff may be insensitive and llIlwelcoming. On a pracricallevel, low-income families may lack transportation or childcare, and some families may not luve the tInancial resources to participate. In a national survey, over 90% of municipal facilities said [hey charge user fees for recreation programs. Moreover, when faced with budget cuts, depart- ments (;ften eliminate subsidy programs. In ,l!elll'!'al, recreation departments help only those who ask for it, leaving many low-income families and their children with limited or no access to recreation. What can you do? The Everybody 3efs to play Tool Kit To increase recreation opportunities for low-income families and their children we must remove barriers. This means creating change throughout communities. It requires cooperation from governments, recreation and social service organizations, schools, the justice system and the business community. It also means changing shortsighted attitudes that have a long-term impact on the health of commu- nitics--attitudes like "If you can't pay, you shouldn't play." If you believe that children and youth are valuable resources that we cannot afford to ignore, you can help by spreading that vision throughout your community. The E\ferybOcfy 3ets to ~Iay Tool Kit can help you do just that. The need is great and you can make a difference. Starting right now... I' I Community attitudes I CPRA's consultations with practitioners and partners indicate I that they believe children have a right to play and that it's ! important to personal and community health for everyone I to have fair access to recreation. But: ! . communities of all sizes often don't recognize that poverty exists in their neighbourhoods . recreation departments often require that low-income families come to them and ask for help . commission, council and board members often take the attitude that "If! have to pay, everyone should pay." ~-.. .....---.--..-----------..-----.------- ClarinDt ~ CSD-008-08 Attachment #2 Leading the waye UIJ Administrative and Corporate Policies Section: Category: Subsection: Application: Date Approved: Last Revised: Approved by: 1.0 Purpose It is the belief of the Municipality of Clarington, Community Services Department that recreation opportunities should be available to all residents. To ensure that a resident is not excluded from a recreation program or service, financial assistance and accessibility programs are in place to reduce or eliminate barriers to participation. 2.0 Financial Assistance Program 2.1 Policy Conditions: a) Applicants must be Clarington residents b) Financial assistance is provided for Municipality of Clarington programs and services only c) Applicants must meet program criteria d) Applicants will need to complete and submit program application forms as required e) Financial assistance is limited to a maximum number of programs/memberships annually per individual f) The Municipality of Clarington may provide financial assistance up to a maximum of50% of the program registration/membership fee Page 1 of 4 - 1209 CSD-008-08 Attachment #2 2.2 Criteria: The following Government income support programs will be used for determining economic disadvantage and will receive a 50% fee subsidy bv the municipality of Clarington: Recipients of: . Ontario Disability Support Program - Income Support . Ontario Works - Income Support * Where possible and necessary, Municipality of Clarington support may be combined with other existing programs (Jump Start) to increase the support to 100%. Wherever possible, individuals are strongly encouraged to contribute a minimum of25% of the program/membership fee. 2.3 Availability of Services: All Community Services registered programs, facility memberships and 10 ticket passes are eligible for financial assistance. In order to assist as many families as possible, individuals or families who qualify will receive municipal fee subsidy with the following limitations: . 3 programsll 0 ticket passes per year for each eligible child . 2 programsll 0 ticket pass per year and/or one fitness membership (any term) for each eligible adult or senior * Fee assistance does not include the costs of materials or supplies for programs. 2.4 Financial Assistance Program Application Process: a) Complete the application "Access to Recreation"; applications are available on-line at www.clarington.net or in person at any recreation facility or the Municipal Administrative Centre b) Return the application form with supporting documentation to the address on the form. Individuals may apply for themselves and dependant children 17 years of age or under c) Applications will be valid for a 1 year period d) All applications will be treated as strictly confidential Page 2 of 4 - 1210 CSD-008-08 Attachment #2 e) Once the application is approved, registration for desired programs can take place at any of our recreation facilities or the Municipal Administrative Centre, Community Services Department 3.0 Membership Access Program for Persons with a Disability In order to increase recreation opportunities for persons with a permanent disability, Clarington residents who meet the age criteria for facility memberships and who meet the following criteria will be eligible for the Membership Access Program. 3.1 Policy Conditions: a) Applicants must be Clarington residents b) Financial assistance is provided for Municipality of Clarington Fitness Centre memberships only c) Applicants must meet established criteria d) Applicants will need to complete and submit application forms as required 3.2 Criteria: . Where your disability restricts you from performing activities within a range considered normal; (verification from a medical professional may be required) . A disability that has lasted longer than six months and is not eliminated by the use of a technical aid like eye glasses. 3.3 Availability of Services: Adults (18 yrs+) with a permanent disability are eligible to: . Purchase a Facility Membership (any term) at the "senior rate" Youth (15-17 yrs) and Seniors (65yrs+) . Purchase a Facility Membership (any term) with a 20% discount 4.0 Membership Access Program Application Process: a) Complete the application "Access to Recreation"; applications are available on-line at www.clarington.net or in person at any recreation facility or the Municipal Administrative Centre Page 3 of 4 - 1 211 CSD-008-08 Attachment #2 b) Return the application form with supporting documentation to the address on the form c) All applications will be treated as strictly confidential d) Once the application is approved, a membership can be purchased at the Courtice Community Complex Page 4 of 4 - 1212 CI!JlmgtDn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2008 Resolution #: Report #: CSO-009-0S File#: By-law #: Subject: GRANT REQUEST - LEIGH MCSWAN, MISS UNIVERSE CANADA 200S PAGEANT RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-009-08 be received; 2. THAT the request of Ms. Leigh McSwan for sponsorship through the Municipal Grant Program be denied, as her request is for an individual and does not meet the objective of the Municipal Grant Program; and 3. THAT Ms. Leigh McSwan be advised of Council's decision. Submitted b~.l14= ~oseph P. Caruana yector of Community Services .,........, ~ /_.. ~ I.~ Reviewed b~ "--' Franklin Wu Chief Administrative Officer J PC/sm/wg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1213 REPORT NO.: eso-oog-OS PAGE 2 1.0 BACKGROUND 1.1 On March 25, 2008, Council received correspondence from Ms. Leigh McSwan, requesting that the Municipality of Clarington sponsor her to compete in the Miss Universe Canada 2008 Pageant. The matter was referred to the Director of Community Services to review the eligibility of this request to the Municipal Grant Program. 2.0 COMMENTS 2.1 On September 17, 2007, Council approved revisions to the Municipal Grant Policy which included the following stated objective of the program: "The Municipality of C/arington acknowledges the efforts of our local volunteer community and believes that many services, events or projects are best provided through the volunteer efforts of local community organizations. The Municipality wishes to support local community organizations without eroding their strength and independence and as such encourages them to work towards financial self sufficiency. Applicants are further encouraged to pursue other opportunities for financial support. The Municipal Grant program provides financial assistance to those qualified organizations which provide direct services, events or programs to the benefit of the residents of C/arington." 2.2 The intent of the Municipal Grant Program is to provide financial assistance to volunteer organizations whose services, events or programs provide direct benefit to the community. 2.3 The request from Ms. McSwan does not meet the objective of the Municipal Grant Policy as the request is from an individual and not a recognized community organization and the request would not provide any services, events or provide direct benefit to the residents of Clarington. 2.4 The Municipally of Clarington is home to many young citizens who are aspiring to achieve high goals in their chosen fields. While the community is very proud of the efforts and achievements of these young people, the Municipal Grant Program is not in a position to be able to provide funds to assist with these activities. Interested party to be advised of Council's decision: Ms. Leigh McSwan 1214 CI!JlmglOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 14, 2008 Report #: CLD-013-08 File#: By-law #: Subject: ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT- ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE (ONTARIO REGULATION 429/07) RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-013-08 be received for information. Submitted by:, O~~~"'- 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-013-08 Page 2 1.0 BACKGROUND AND COMMENT The Accessibility for Ontarians with Disabilities Act (AODA) was passed in 2005. The purpose of the legislation is to develop, implement and enforce accessibility standards in order to achieve province-wide accessibility by 2025 and to involve persons with disabilities in the development of those standards. The AODA applies to municipalities, all of the public sector and all of the private sector. Under the legislation, five Standards Development Committees have been charged with preparing regulations addressing the following areas: ~ Customer Service ~ Transportation ~ Accessible Information and Communications ~ Accessible Built Environment ~ Employment Accessibility 2.0 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE The Accessibility Standards for Customer Service (Regulation 429/07) is the first to be passed and came into effect January 1, 2008. Municipalities and other designated public sector organizations must comply with the regulation by January 1, 2010. Other providers of goods or services (including the private sector) must comply by January 1, 2012. The Regulation applies to the provision of goods and services to the public, but does not apply to services provided internally within an organization. Goods themselves are not covered; the manner in which they are provided is covered. Any contractors providing services on behalf of the municipality must also comply with the Regulation. 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-013-08 Page 3 The main areas covered by the Regulation are: ~ Development of policies, practices, procedures ~ Service animals and support persons ~ Training of employees ~ Provision of notice of disruption ~ Establishment of a system for feedback ~ Reporting requirements 2.1 Policies, Practices and Procedures The legislation requires municipalities to establish policies, procedures and practices governing the provision of goods or services to persons with disabilities. We must ensure that these policies, practices and procedures are consistent with the core principles of dignity, independence, integration and equality of opportunity. The policies must deal with assistive devices such as communication aids, cognition aids, personal mobility aids and medical aids. We must allow customers to use their own assistive devices and identify situations where they are not allowed. We must communicate in a manner that takes into account the person's disability and must prepare documents describing our policies, practices and procedures. 2.2 Service Animals and Support Persons Service providers who operate out of premises to which the public has access must ensure entry by a person with a disability accompanied by a guide dog or other service animal and must permit the person to keep the animal with him or her. As well, a support person accompanying a person with a disability must be permitted access to public areas. Free access is not required for the support person, but there must be notice of any fee charged. Should a significant risk to the person with a disability, ie, a risk that is greater to any other customer, be present, the municipality can mandate that a support person must be present. 1303 REPORT NO.:CLD-013-08 Page 4 2.3 Training of Employees The legislation requires that every person who participates in developing policies, practices, or procedures and every person who deals with the public or third parties on behalf of the municipality be trained on the purposes of the legislation and the requirements of the customer service standard. The training must cover: ~ Interacting and communicating with people with disabilities including different ways that people with disabilities may communicate ~ Various assistive devices that may be used ~ Appropriate ways of communicating with people with disabilities ~ Instruction on interacting with people who use assistive devices, service animals, support persons ~ Instruction on how to use assistive devices available on the premises ~ What to do if a person with a disability is having difficulty accessing services Municipalities must keep records of the training provided, including the dates when the training is provided and the number of individuals to whom it is provided. 2.4 Service Interruption Municipalities must give notice of temporary disruptions to services or facilities used by persons with disabilities. This notice must include the reasons for the disruption and must be posted in a conspicuous manner. 2.5 Feedback Municipalities must establish a process for receiving and responding to feedback about the manner in which they provide goods and/or services to persons with disabilities. This process must allow feedback in person, by telephone, in writing, or electronically. Information about the feedback process must be made available to the public. 1304 REPORT NO.:CLD-013-08 Page 5 2.6 Reporting Requirements The Customer Service Standard requires municipalities to prepare documents describing the policies, practices and procedures they have put in place to comply with the standard. The documents must be provided to the public on request and must be provided in a format that takes the person's disability into account. 3.0 IMPLEMENTATION The Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) have developed a "toolkit" and training package. Staff will be taking advantage of these tools in order to ensure compliance with the legislation. As well, staff from the Clerk's Departments of the Township of Brock, the Township of Uxbridge, the Township of Scugog, the Region of Durham and the Municipality of Clarington are working together in developing the programs required. As we work through the requirements of the standard, we will also be seeking input from the Accessibility Advisory Committee. 4.0 CONCLUSION This report has been prepared for information purposes only. As staff continue to work through the processes required by the regulation, further status reports will be presented to Council. 1305 Accessibility for Ontarians with Disabilities Act, 2005 - O. Reg. 429/07 Page 1 of 8 Enllw~j~ Attachment No. 1 to Report CLD-013-08 Accessibility for Ontarians with Disabilities Act, 2005 ONT ARlO REGULATION 429/07 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE Consolidation Period: From January 1,2008 to the ~=L~w_~ cllrrencygClt~. No amendments. This is the English version of a bilingual regulation. SKJrT AllLEQfJ:::Ol'l.If,:NTS CONTENTS Purpose and application Effective dates Establishment of policies, practices and procedures Use of service animals and support persons Notice oftenfporary disruptions Training for staff, etc. Feedback process for providers of goods or services Notice of availability of documents Format of documents Boards, commissions, authorities and agencies Broader public sector L 2. 1. 1. 5. f>. ], 8. ~ S_ch~ule 1 Sch~d!!k_2 Purpose and application 1.__U} This Regulation establishes accessibility standards for customer service and it applies to every designated public sector organization and to every other person or organization that provides goods or services to members of the public or other third parties and that has at least one employee in Ontario. O. Reg. 429/07, s. 1 (1). (2) In this Regulation, "designated public sector organization" means the Legislative Assembly and the offices of persons appointed on the address of the Assembly, every ministry ofthe Government of Ontario, every municipality and every person or organization listed in Schedule 1 or described in Schedule 2 to this Regulation; ("organisation designee du secteur public") "provider of goods or services" means a person or organization to whom this Regulation applies. ("fournisseur de biens ou de services") O. Reg. 429/07, s. 1 (2). Effective dates 2. The accessibility standards for customer service apply to the designated public sector organizations on and after January 1,2010 and to other providers of goods or services on and after January 1,2012. O. Reg. 429/07, s. 2. Establishment of policies, practices and procedures 3. (1) Every provider of goods or services shall establish policies, practices and procedures governing the provision of its goods or services to persons with disabilities. O. Reg. 429/07, s. 3 (1). http://www.e-laws.gov.on.calhtml/regs/english/elaws_regs_070429_e.htm 1306 4/8/2008 Accessibility for Ontarians with Disabilities Act, 2005 - O. Reg. 429/07 Page 2 of8 (2) The provider shall use reasonable efforts to ensure that its policies, practices and procedures are consistent with the following principles: 1. The goods or services must be provided in a manner that respects the dignity and independence of persons with disabilities. 2. The provision of goods or services to persons with disabilities and others must be integrated unless an alternate measure is necessary, whether temporarily or on a permanent basis, to enable a person with a disability to obtain, use or benefit from the goods or services. 3. Persons with disabilities must be given an opportunity equal to that given to others to obtain, use and benefit from the goods or services. O. Reg. 429/07, s. 3 (2). (3) Without limiting subsections (1) and (2), the policies must deal with the use of assistive devices by persons with disabilities to obtain, use or benefit from the provider's goods or services or the availability, if any, of other measures which enable them to do so. O. Reg. 429/07, s. 3 (3). (4) When communicating with a person with a disability, a provider shall do so in a manner that takes into account the person's disability. O. Reg. 429/07, s. 3 (4). (5) Every designated public sector organization and every other provider of goods or services that has at least 20 employees in Ontario shall prepare one or more documents describing its policies, practices and procedures and, upon request, shall give a copy of a document to any person. O. Reg. 429/07, s. 3 (5). Use of service animals and support persons 4. CD This section applies if goods or services are provided to members of the public or other third parties at premises owned or operated by the provider of the goods or services and if the public or third parties have access to the premises. O. Reg. 429/07, s. 4 (1). (2) If a person with a disability is accompanied by a guide dog or other service animal, the provider of goods or services shall ensure that the person is permitted to enter the premises with the animal and to keep the animal with him or her unless the animal is otherwise excluded by law from the premises. O. Reg. 429/07, s. 4 (2). (3) If a service animal is excluded by law from the premises, the provider of goods or services shall ensure that other measures are available to enable the person with a disability to obtain, use or benefit from the provider's goods or services. O. Reg. 429/07, s. 4 (3). (4) If a person with a disability is accompanied by a support person, the provider of goods or services shall ensure that both persons are permitted to enter the premises together and that the person with a disability is not prevented from having access to the support person while on the premises. O. Reg. 429/07, s. 4 (4). (5) The provider of goods or services may require a person with a disability to be accompanied by a support person when on the premises, but only if a support person is necessary to protect the health or safety of the person with a disability or the health or safety of others on the premises. O. Reg. 429/07, s. 4 (5). (6) If an amount is payable by a person for admission to the premises or in connection with a person's presence at the premises, the provider of goods or services shall ensure that notice is given in advance about the amount, if any, payable in respect of the support person. http://www.e-Iaws.gov.on.ca/html/regs/english/elawsJegs_070429_e.htm 1307 4/8/2008 Accessibility for Ontarians with Disabilities Act, 2005 - O. Reg. 429/07 Page 3 of 8 O. Reg. 429/07, s. 4 (6). (7) Every designated public sector organization and every other provider of goods or services that has at least 20 employees in Ontario shall prepare one or more documents describing its policies, practices and procedures with respect to the matters governed by this section and, upon request, shall give a copy of a document to any person. O. Reg. 429/07, s. 4 (7). on In this section, "guide dog" means a guide dog as defined in section 1 of the Blind Persons Rights' Act; ("chien-guide") "service animal" means an animal described in subsection (9); ("animal d'assistance") "support person" means, in relation to a person with a disability, another person who accompanies him or her in order to help with communication, mobility, personal care or medical needs or with access to goods or services. ("personne de soutien") O. Reg. 429/07, s. 4 (8). (2) For the purposes of this section, an animal is a service animal for a person with a disability , ( a) if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or (b) if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. O. Reg. 429/07, s. 4 (9). Notice of temporary disruptions 5_0_(1) If, in order to obtain, use or benefit from a provider's goods or services, persons with disabilities usually use particular facilities or services of the provider and if there is a temporary disruption in those facilities or services in whole or in part, the provider shall give notice of the disruption to the public. O. Reg. 429/07, s. 5 (1). (2) Notice of the disruption must include information about the reason for the disruption, its anticipated duration and a description of alternative facilities or services, if any, that are available. O. Reg. 429/07, s. 5 (2). (3) Notice may be given by posting the information at a conspicuous place on premises owned or operated by the provider of goods or services, by posting it on the provider's website, if any, or by such other method as is reasonable in the circumstances. O. Reg. 429/07, s. 5 (3). (4) Every designated public sector organization and every other provider of goods or services that has at least 20 employees in Ontario shall prepare a document that sets out the steps to be taken in connection with a temporary disruption and, upon request, shall give a copy of the document to any person. O. Reg. 429/07, s. 5 (4). Training for staff, etco ~o_Ll) Every provider of goods or services shall ensure that the following persons receive training about the provision of its goods or services to persons with disabilities: 1. Every person who deals with members of the public or other third parties on behalf of the provider, whether the person does so as an employee, agent, volunteer or otherwise. http://www.e-Iaws.gov.on.ca/html/regs/english/elawsJegs_070429_e.htm 1308 4/8/2008 Accessibility tor Ontarians with Disabilities Act, 2005 - O. Reg. 429/07 Page 4 of8 2. Every person who participates in developing the provider's policies, practices and procedures governing the provision of goods or services to members of the public or other third parties. O. Reg. 429/07, s. 6 (1). (2) The training must include a review of the purposes of the Act and the requirements of this Regulation and instruction about the following matters: 1. How to interact and communicate with persons with various types of disability. 2. How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person. 3. How to use equipment or devices available on the provider's premises or otherwise provided by the provider that may help with the provision of goods or services to a person with a disability. 4. What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services. O. Reg. 429/07, s. 6 (2). (3) The training must be provided to each person as soon as practicable after he or she is assigned the applicable duties. O. Reg. 429/07, s. 6 (3). (4) Training must also be provided on an ongoing basis in connection with changes to the policies, practices and procedures governing the provision of goods or services to persons with disabilities. O. Reg. 429/07, s. 6 (4). (5) Every designated public sector organization and every other provider of goods or services that has at least 20 employees in Ontario shall prepare a document describing its training policy, and the document must include a summary of the contents of the training and details of when the training is to be provided. O. Reg. 429/07, s. 6 (5). (6) Every designated public sector organization and every other provider of goods or services that has at least 20 employees in Ontario shall keep records of the training provided under this section, including the dates on which the training is provided and the number of individuals to whom it is provided. O. Reg. 429/07, s. 6 (6). Feedback process for providers of goods or services 7. (1) Every provider of goods or services shall establish a process for receiving and responding to feedback about the manner in which it provides goods or services to persons with disabilities and shall make information about the process readily available to the public. O. Reg. 429/07, s. 7 (1). (4) The feedback process must permit persons to provide their feedback in person, by telephone, in writing, or by delivering an electronic text by em ail or on diskette or otherwise. O. Reg. 429/07, s. 7 (2). (3) The feedback process must specify the actions that the provider of goods or services is required to take if a complaint is received. O. Reg. 429/07, s. 7 (3). (4) Every designated public sector organization and every other provider of goods or services that has at least 20 employees in Ontario shall prepare a document describing its feedback process and, upon request, shall give a copy of the document to any person. O. Reg. 429/07, s. 7 (4). Notice of availability of documents http://www.e-Iaws.gov.on.calhtml/regs/english/elawsJegs_070429_e.htm 1309 4/8/2008 Accessibility for Ontarians with Disabilities Act, 2005 - O. Reg. 429/07 Page 5 of8 8~jJ) Every designated public sector organization and every other provider of goods or services that has at least 20 employees in Ontario shall notifY persons to whom it provides goods or services that the documents required by this Regulation are available upon request. O. Reg. 429/07, s. 8 (1). (2) The notice may be given by posting the information at a conspicuous place on premises owned or operated by the provider, by posting it on the provider's website, ifany, or by such other method as is reasonable in the circumstances. O. Reg. 429/07, s. 8 (2). Format of documents 9!_(l) If a provider of goods or services is required by this Regulation to give a copy of a document to a person with a disability, the provider shall give the person the document, or the information contained in the document, in a format that takes into account the person's disability. O. Reg. 429/07, s. 9 (1). (2) The provider of goods or services and the person with a disability may agree upon the format to be used for the document or information. O. Reg. 429/07, s. 9 (2). LQ, Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 429/07, s. 10. SCHEDULE 1 ---------.-.-.....-.------------...-..-- BOARDS, COMMISSIONS, AUTHORITIES AND AGENCIES 1. Agriculture, Food and Rural Affairs Appeal Tribunal. 2. Agricorp. 3. Alcohol and Gaming Commission of Ontario. 4. Algonquin Forestry Authority. 5. Assessment Review Board. 6. Board of negotiation continued under subsection 27 (1) of the Expropriations Act. 7. Cancer Care Ontario. 8. The Centennial Centre of Science and Technology. 9. Child and Family Services Review Board. 10. College Compensation and Appointments Council. 11. Each community care access corporation as defined in section 1 of the Community Care Access Corporations Act, 2001. 12. Consent and Capacity Board. 13. Conservation Review Board. 14. Criminal Injuries Compensation Board. 15. Crown Employees Grievance Settlement Board. 16. Custody Review Board. 17. Deposit Insurance Corporation of Ontario. 18. Echo: Improving Women's Health in Ontario. http://www.e-Iaws.gov.on.ca/html/regs/english/elawsJegs_070429_e.htm 1310 4/8/2008 Accessibility for Ontarians with Disabilities Act, 2005 - O. Reg. 429/07 Page 6 of8 19. Education Quality and Accountability Office. 20. Environmental Review Tribunal. 21. Financial Services Commission of Ontario. 22. Financial Services Tribunal. 23. Fire Marshal's Public Fire Safety Council. 24. Fire Safety Commission. 25. Greater Toronto Transit Authority. 26. Greater Toronto Transportation Authority. 27. Health Professions Appeal and Review Board. 28. Health Professions Regulatory Advisory Council. 29. Health Services Appeal and Review Board. 30. Human Rights Tribunal of Ontario. 31. Landlord and Tenant Board. 32. Legal Aid Ontario. 33. Licence Appeal Tribunal. 34. Liquor Control Board of Ontario. 35. Each local health integration network as defined under section 2 of the Local Health System Integration Act, 2006. 36. McMichael Canadian Art Collection. 37. Metropolitan Toronto Convention Centre Corporation. 38. Niagara Escarpment Commission. 39. Niagara Parks Commission. 40. Normal Farm Practices Protection Board. 41. Office of the Employer Adviser. 42. Office of the Worker Adviser. 43. Ontario Civilian Commission on Police Services. 44. Ontario Clean Water Agency. 45. Ontario Educational Communications Authority. 46. Ontario Electricity Financial Corporation. 47. Ontario Energy Board. 48. Ontario Farm Products Marketing Commission. 49. Ontario Film Review Board. 50. Ontario Financing Authority. 51. Ontario Food Terminal Board. http://www.e-Iaws.gov.on.calhtml/regs/english/elaws_regs_070429_e.htm 1311 4/8/2008 Accessibility tor Ontarians with Disabilities Act, 2005 - O. Reg. 429/07 Page 70f8 52. Ontario French-language Educational Communications Authority. 53. Ontario Health Quality Council. 54. Ontario Heritage Trust. 55. Ontario Highway Transportation Board. 56. Ontario Human Rights Commission. 57. Ontario Infrastructure Project Corporation. 58. Ontario Labour Relations Board. 59. Ontario Lottery and Gaming Corporation. 60. Ontario Media Development Corporation. 61. Ontario Mental Health Foundation. 62. Ontario Municipal Board. 63. Ontario Northland Transportation Commission. 64. Ontario Parole and Earned Release Board. 65. Ontario Pension Board. 66. Ontario Place Corporation. 67. Ontario Police Arbitration Commission. 68. Ontario Racing Commission. 69. Ontario Realty Corporation. 70. Ontario Review Board. 71. Ontario Securities Commission. 72. Ontario Special Education Tribunal (English). 73. Ontario Special Education Tribunal (French). 74. Ontario Tourism Marketing Partnership Corporation. 75. Ontario Trillium Foundation. 76. Ottawa Congress Centre. 77. Owen Sound Transportation Company. 78. Pay Equity Hearings Tribunal. 79. Pay Equity Office. 80. Province of Ontario Council for the Arts. 81. Public Service Grievance Board. 82. Royal Ontario Museum. 83. St. Lawrence Parks Commission. 84. Science North. http://www.e-laws.gov.on.ca/htrnl/regs/english/elaws Jegs _070429 _ e.htrn 1312 4/8/2008 Accessibility for Ontarians with Disabilities Act, 2005 - O. Reg. 429/07 Page 8 of8 85. Smart Systems for Health Agency. 86. Social Assistance Review Board. 87. Social Benefits Tribunal. 88. Soldiers' Aid Commission. 89. Trillium Gift of Life Network. 90. Walkerton Clean Water Centre. 91. Workplace Safety and Insurance Appeals Tribunal. 92. Workplace Safety and Insurance Board. O. Reg. 429/07, Sched. 1. SCHEDULE 2 __._.._____._.__._...._._____. - u_n_.. _., BROADER PUBLIC SECTOR 1. Every district school board as defined in section 1 of the Education Act. 2. Every hospital as defined in section 1 of the Public Hospitals Act. 3. Every college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002. 4. Every university in Ontario, including its affiliated and federated colleges, that receives operating grants from the Government of Ontario. 5. Every public transportation organization in Ontario, including any municipally operated transportation services for persons with disabilities, that provides services for which a fare is charged for transporting the public by vehicles that are operated, i. by, for or on behalf of the Government of Ontario, a municipality, a local board of a municipality or a transit or transportation commission or authority, ii. under an agreement between the Government of Ontario and a person, firm, corporation, or transit or transportation commission or authority, or iii. under an agreement between a municipality and a person, firm, corporation or transit or transportation commission or authority. O. Reg. 429/07, Sched. 2. Fml1c;ais Back to top http://www.e-Iaws.gov.on.calhtml/regs/english/elaws_regs_070429_e.htm 1313 4/8/2008 Cl!Jlmgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 14,2008 Report #: CLD-014-08 File #: By-law #: Subject: CAT AND DOG LICENSING - AGRICULTURAL RATE CATEGORY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-014-08 be received; 2. THAT the sections of By-law 2006-228, being the Kennel Licensing By-law, pertaining to Private Kennels be suspended and not enforced for a period of two years; 3. THAT staff monitor the implications of suspending the licensing of Private Kennels and report back to Council at the end of the two year period; 4. THAT the by-law included as Attachment 1 to Report CLD-014-08, being a by-law to amended the Responsible Pet Owner's By-law, By-law 2006-227, to include the Agricultural Rate licence category, be forwarded to Council for Approval; and 5. THAT all Private Kennels licensed in 2007 and any 2008 Private Kennel licence applicants be advised of Council's decision. Submitted by: (),~~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1314 REPORT NO.:CLD-014-08 Page 2 1.0 BACKGROUND AND COMMENT In 2006, through By-law 2006-228, Council established the policy of regulating Kennel operations within the Municipality of Clarington. The purpose of the By-law was to promote health and safety of residence, provide nuisance control and ensure consumer protection. The principles of the By-law are: ~ To advocate for the animals of the kennel. ~ To advocate for the prospective clients of the kennels. ~ To provide for the prevention of spread of bacteria and disease. ~ To ensure that kennel operations do not adversely impact the surrounding community. The kennel licensing categories include: Commercial Boarding, Commercial Breeding, and Private Kennels. Since the enactment of this By-law, staff have been working with the Kennel operators to bring the kennels into compliance. Although the Municipality of Clarington had been licensing kennels for more than 18 years, it was not until the enactment of By-law 2006-228 that kennel standards were clearly defined and inspections of the kennels were undertaken to ensure compliance. As is often done when a new process is implemented, staff recently participated in an in-depth review and analysis of the new kennel licensing activities which have taken place over the past year; during which inspection standards and By-law interpretations were discussed. A Kennel licensing internal procedure is being developed as a result of this meeting. While staff report that compliance with the Commercial Boarding and Breeding kennels is, for the most part, positive, staff have expressed concerns respecting the licensing of Private Kennels. 2.0 PRIVATE KENNELS Historically the Private Kennel licence was introduced to provide the owners of multiple dogs an opportunity for savings on their animal licences. The cost of an annual dog licence ranges between $10 and $40. As there is no limit to the number of dogs owned by a person on lands zoned agricultural, and where the Responsible Pet Owner By-law requires that all dogs be licensed, the Private Kennel licence option was offered as a means by which the owner of the multiple dogs could comply with the licensing requirements through a Kennel Licence at an annual cost between $100 to $200. At the time that the Kennel Licence By-law was drafted, because kennel inspections had not routinely been a part of the licensing process, staff were unable to fully appreciate the operations of these "Private Kennels". CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1315 REPORT NO.:CLD-014-08 Page 3 By-law 2006-228 defines Private Kennel as: "PRIVA TE KENNEL shall mean any kennel used for the keeping breeding or training of more than three 3 but less that eight 8 dogs for the personal recreational use of the owner of lands upon which such Kennel is located but does not include a veterinarian clinic. In addition to the maximum number of dogs set out above a maximum of two 2/itters of pups per bitch up to sixteen 16 weeks of age may be permitted in any licensing year." Upon conducting inspections of these private kennels in 2007 and now again in 2008, it appears that many of these facilities are really not kennels by definition. Officers conducting the inspections have found that the "Private Kennels" are typically people who want to have more than one dog, who are located on lands zoned agricultural, who mayor may not breed their dog(s), and who consider their dogs to be pets. As well, there are a few situations where the dogs are hunting dogs, sled dogs, or show dogs. To regulate these scenarios and to hold these owners to the same standards as commercial operations does not prove beneficial to the owners, the animals, or the Municipality. Experience thus far, has demonstrated that applying the Kennel Licensing By-law requirements to these situations is like trying to apply the requirements to the individual pet owner. It simply does not make sense. What is understandable, however, is that those persons who do have multiple pets, and who are located on agricultural zoned lands, be provided a means by which they can license their pets without having to pay an exorbitant fee. 3.0 ALTERNATIVE FOR VOLUME LICENCE RATE Given that it is mandatory that all dogs and cats are to be licensed, and staff concur with the concept of offering a reduced licence fee for multiple animals, a more appropriate means by which to accommodate this would be to amend Schedule A of The Responsible Pet Owner's By-law, By-law 2006-227, to include an "agricultural rate" (ie. bulk rate). By-law 2006-227 limits the number of dogs and cats a person may keep. However, these limits do not apply to persons on lands that are zoned agricultural. Therefore, the "Agricultural Rate" would only be available to those persons who provide proof of applicable zoning. 4.0 SUMMARY AND RECOMMENDED ACTIONS To regulate those existing "Private Kennels" does not appear to support the intent of the Kennel Licensing By-law, as noted earlier. It appears that licensing of "Private Kennels" was only instituted as a means to offer a volume rate for animal licences. 2008 is only the second Iincensing year under this relatively new by-law and therefore, staff acknowledge that there may be situations that have not yet been encountered that would justify the need for a "Private Kennel" category of licensing. 1316 REPORT NO.:CLD-014-08 Page 4 Based on the foregoing, staff recommend that the "Private Kennel" licensing requirements and enforcement thereof, be suspended for a period of two years, during which time staff shall monitor the implications of the suspension. At the end of the two- year monitoring period, staff shall report back to Council on the findings. In order to continue to offer a volume licensing fee, staff further recommend that By-law 2006-227 be amended to include a "Agricultural Rate" licence fee for qualified owners. Attachments 1 . Draft By-law Interested parties 2007 Private Kennel Owners/Operators 1317 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW 2008-171 Being a by-law to amend By-law 2006-227, as amended, a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein. WHEREAS Section 9(3)(b) of the Municipal Act confers the power upon a municipality, in exercising its powers to regulate and prohibit respecting a matter, to provide for a system of licences, permits, approvals or registrations respecting the matter, and to impose conditions as a requirement of obtaining, continuing to hold or renew a licence, permit, approval or registration; AND WHEREAS Section 391 of the Municipal Act authorizes the municipality to pass by-laws imposing fees or charges on any class of Persons for services or activities provided or done by or on behalf of it; AND WHEREAS Section 396 of the Municipal Act provides that a by-law passed under Section 391 may provide for fees and charges that vary on any basis the municipality considers appropriate and specifies in the by-law, and for different classes of Persons and deal with each class in a different way; AND WHEREAS Section 2 of By-law 2006-227 requires that every owner of a dog or cat within the Municipality of Clarington licence said animal and Section 6 of the same By-law allows for an unlimited number of cats and dogs to be kept by an owner on lands zoned agricultural; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it appropriate and desirable to establish a reasonable group rate licence fee for owners on lands zoned agricultural and where the owner keeps more than three dogs or more than three cats; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON ENACTS AS FOllOWS: THAT Schedule A to By-law 2006-227 be amended by adding the following licensing category and fees: Licence Fees Details Fee 9. Dog - Agricultural Rate $100 (Rate offered where there are more than three dogs and where owner provides proof current rabies vaccination for each dog, and proof of zoning.) This is an annual licence and no discounts shall applv. 10. Cat - Agricultural Rate $100 (Rate offered where there are more than three cats and where owner provides proof current rabies vaccination for each cat, and proof of zoning.) This is an annual licence and no discounts shall applv. 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 1318 Clw:mgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2008 Report #: CLD-015-08 File#: By-law #: Subject: GREEN COMMUNITY ADVISORY COMMITTEE - SELECTION OF THE CHAIR RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-015-08 be received; 2. THAT, notwithstanding the protocol for Council-Appointed Advisory Committees, the selection of Mayor Abernethy as Chair of the Green Community Advisory Committee be confirmed; and 3. THAT Linda Gasser and the members of the Green Community Advisory Committee be advised of Council's decision. Submitted by: cJ ~~ C>--J~ 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 1319 REPORT NO.: CLD-015-08 PAGE 2 1. BACKGROUND In January 2004, Council approved the recommendations contained in Report PSD-007-04, thereby adopting a protocol for Council-appointed Advisory Committees. A copy of the protocol is attached to this report as Attachment NO.1. With the adoption of Report PSD-055-07 in May 2007, the Council approved the formation of the Green Community Advisory Committee and adopted a Terms of Reference for the Committee. A copy of the Terms of Reference is attached to this report as Attachment NO.2. At the September 18, 2007 meeting of the Committee, nominations were open for appointment to the position of Chair of the Committee. The only nomination received was Mayor Abernethy, and he was acclaimed to the position. At the November 27,2007 meeting of the Committee, a delegation was received from Linda Gasser who presented concerns about the selection of the Mayor as Chair of the Committee. In consideration of the delegation, the following resolution was passed: "THAT the Green Community Advisory Committee thanks Linda Gasser for her delegation; and THAT Council be asked to clarify the Terms of Reference for the Committee regarding the role of the Mayor and Councillor to be full members and to be able to stand as the Chair and Vice-Chair of the Committee." This matter was subsequently referred to the Municipal Clerk for clarification. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1320 REPORT NO.: CLD-015-08 PAGE 3 2. MEMBERSHIP ON THE COMMITTEE The Protocol for Council-Appointed Advisory Committees specifies that the Terms of Reference for a Committee shall be approved by Council. The Terms of Reference are the mandate of the Committee and shall address various issues, including the membership and representation on the Committee. In approving the Terms of Reference for the Green Community Advisory Committee, the composition of the committee was to consist of 13 members, as follows: . Mayor and a Member of Council (2) . Ontario Power Generation (1) . Durham Strategic Energy Alliance (1) . Veridian (1) . CBOT Board Member (1) . University of Ontario Institute of Technology (1) . Youth (1) . Community at Large (4) . Developer - Durham Chapter of the Greater Toronto Home Builders' Association - Urban Development Institution (1) When the membership was appointed by Council, Mayor Abernethy and Councillor Novak were appointed as the two Council representatives. Both individuals are appointed as full members of the Committee with voting privileges. 3. CHAIR AND VICE-CHAIR The Protocol for Council-Appointed Advisory Committees addresses the selection of Chair and Vice-Chair and states that "Members of Council and municipal staff sitting on the Committee shall not be eligible to assume the position of Chair or Vice-Chair". The Terms of Reference for the Green Community Advisory Committee specifically establishes the Committee as an "Advisory Committee of Council under Council's Protocol for Advisory 1321 REPORT NO.: CLD-015-08 PAGE 4 Committees". Accordingly, the Mayor and any Member of Council is ineligible for appointment as Chair or Vice-Chair of the Committee. 4. ISSUE At the September 18, 2007, meeting of the Green Community Advisory Committee meeting, no nominations other than Mayor Abernethy were brought forward for the position of Chair. Accordingly, Mayor Abernethy was acclaimed to the position. When the matter was brought to the attention of the Committee by Linda Gasser at the November 2ih meeting, no motion to reconsider the selection of the Chair was introduced. By this action, the Committee has shown their support for the Mayor to remain in the position of Chair. When the minutes of the Committee were presented to Council for information, the matter was not raised as an issue. 5. CONCLUSION Given that neither the Green Community Advisory Committee nor Council has any concern with Mayor Abernethy sitting as Chair of the Committee, it is respectfully recommended that the decision of the Committee be confirmed, notwithstanding the Protocol for Council- Appointed Advisory Committees. Interested parties to be advised of Council's decision: Linda Gasser Green Community Advisory Committee 1322 . . Attachment No. 1 to Report CLD-015-08 PROTOCOL COUNCIL - APPOINTED ADVISORY COMMITTEES BACKGROUND Council has established a number of advisory committees whose purpose is to provide advice to Council on matters within the committee mandate established by Council and on any issues referred to the Committee by Council. Council appoints the members and representatives to these committees at the beginning of each Council term. PURPOSE The purpose of the Protocol is to establish a standardized Rules of Procedure for Council- Appointed Advisory Committees. This Protocol shall apply to the following committees: . Clarington Animal Advisory Committee Clarington Accessibility Advisory Committee Clarington Agricultural Advisory Committee Clarington Highway 407 Community Advisory Committee Clarington Traffic Management Advisory Committee Local Architectural Conservation Advisory Committee Port Granby Project Community Advisory Committee Samuel Wilmot Nature Area Management Advisory Committee Clerk's Clerk's Planning Planning Engineering Planning Planning Engineering . . . . . . . POLICY Terms of Reference The Terms of Reference for a Committee shall be approved by Council. These Terms of Reference are the mandate of the Committee shall address the following matters: . Background . Mandate of Committee . Scope of Activities of Committee . Membership and Representation on the Committee Council shall appoint a Council member and/or a responsible department for staff resources. Chair and Vlce-Chair The Committee shall select a Chair and Vice-Chair from among its membership. Members of Council and municipal staff sitting on the Committee shall not be eligible to assume the position of Chair or Vice-Chair. 658 # c -2- The Chair shall provide leadership to the Committee, ensure that the Committee carries out its mandate, and act as the primary liaison between the Committee and Staff. The Chair shall set the agenda for each meeting in consultation with the staff liaison. . If the Chair is temporarily absent, the Vice-Chair shall assume the position and responsibilities of the Chair in the interim. If the position of Chair becomes vacant, the Vice-Chair shall assume the responsibilities of the Chair until a new Chair can be elected. If the position of Vice-Chair becomes vacant, the Chair may appoint a mem~er of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected. Elections, when required, shall be held at the next meeting of the Committee. Responsibilities and Obligations of Members All Committee members shall abide by the Terms of Reference for the Committee as approved by Council. Members must also be willing to commit the time required to understand and evaluate the information provided, as well as be open-minded to various opinions and perspectives. The Chair or a spokesperson appointed by the Committee may speak on behalf of the Committee to Council or the public. Other members shall not act or speak on behalf of the Committee without prior approval of the Committee. . A Committee or its members shall not issue petitions, resolutions or position papers on behalf of the Committee, unless specifically authorized by Council resolution. A Committee and its members shall also not act outside of the mandate and advisory capacity of the Committee. Should a Committee wish to comment on an issue that is within the mandate of another Council committee, the Chair shall consult with the responsible Liaison(s) and the Chair of the other committee. The Chair may eject any Committee member from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. A Committee shall also have the right to censure members that, in the Committee's opinion, are misrepresenting the Committee and may request Council to remove that person from the Committee. Members unable to attend a Committee meeting shall notify the staff liaison at least 24 hours in advance. Members unable to attend a meeting cannot send an alternate. The Chair shall advise the Municipal Clerk in writing of any member who is absent from the meetings for three successive months without being authorized to do so by a resolution of the Committee, and may request that the member be removed from the Committee. Members who wish to resign shall notify the Chair in writing of their decision who, in tum shall notify the Municipal Clerk in writing of the resignation. Council shall appoint new members to a Committee to fill any vacancies as require-d. 639 1324 -3- ( \ Quorum and Voting A majority of voting membe~s shall constitute a quorum. , In the event that a quorum is not achieved, the meeting may proceed but members shall not yote or make decisions. . I Recommendations arid decisions reached by the Committee shall be based on consensus, wherever possible. In the event that a consensus cannot be reached and there are divergent opinions on an issue, the Chair may call for a formal vote by a show of hands. Decisions shall be carried by a simple majority of the voting members present. Each member of the committee has a vote. Conflict of Interest Members of the committee must abide by the Municipal Conflict of Interest Act. Public Participation All Committee meetings are open to the public. Members of the public are not permitted to participate in Committee discussions, but may appear as a delegation before the Committee. Delegations shall be for a maxifTIum of 10 minutes. . Those wishing to appear as a delegation at a Committee meeting must.so advise the staff liaison a minimum of five working days before the meeting. ' The Chair may eject any member of the public from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. Meetings Committee meetings shall generally be held in the Clarington Municipal Administrative Centre, although meetings may occasionally be held elsewhere in the Municipality of Clarington if deemed necessary or appropriate by the Chair, the Mayor, or the relevant Liaison. Committee meetings shall generally Occur a minimum of once per month; however, the Chair may schedule additional meetings or cancel meetings at his/her discretion and after consulting with the staff liaison. Reporting and Communications The draft minutes of all Committee meetings shall be reviewed by the staff liaison and forwarded by memorandum to the Municipal Clerk for inclusion on the next Council Agenda and, at the discretion of the Department Head may be posted on the Municipal website. The minutes of Committee meetings shall generally not attribute comments to a specific member of the Committee. ./ (. 64u 1325 .. ( -4- All recommendations of the Committee shall be forwarded' by the staff liaison to the Municipal Clerk for inclusion in the Council agenda. A Committee shall not forward comments or recommendations directly to other groups or agencies without the consent of Council, the Mayor or the relevant Liaison. Staff Resources The municipal department responsible for a Committee shall. provide clerical, administrative and technical assistance to the Committee, as deemed appropriate by the Department Head, to ensure the proper functioning of the Committee. Specifically, Staff will provide the following resources to a Committee: · preparing and forwarding meeting materials to members; · preparation of summary meeting minutes and Committee correspondence (including assistance in drafting); · professional advice on matters within the mandate of the Committee; and · assist the Committee in participating in events and activities related to its mandate Generally, Committee members are selected to be able to carry out the mandate of the Committee. Staff resources 'are provided only to assist the Committee in undertaking their mandate. Additional requests of resource staff, such as original research or organization of events shall be at the discretion of the Department Head and within staff, time and budget constraints. Term of Committee The term of the Committee shall coincide with the term of Council or as otherwise indicated in the specific Terms of Reference for the Committee. In general, a Committee shall not meet between the time of the municipal Council elections and the appointment of a new Committee by Council, unless considered necessary by the relevant liaison. Relationship to Committee Terms of Reference It is recognized that Committee mandates or terms of reference were prepared and approved in advance of this protocol. In the event of a conflict between the protocol and the committee's terms of reference, this protocol shall prevail. / 611' 'i, 1326 Attachment NO.2 to Report C LD-O 15-08 TERMS OF REFERENCE GREEN COMMUNITY ADVISORY COMMITTEE TO COUNCIL PURPOSE: To develop a community strategy that would include local actions, policies. programs, and projects for climate change, energy conservation, clean energy alternatives, and promoting more sustainable development practices. The Green Community Strategy will encompass local initiatives, private projects, partnerships between the public and private sectors as well as the business community. Some of these initiatives may range from support to the expansion of Darlington Nuclear Facility, engaging developers to include energy conservation initiatives in their projects, advising and promoting energy conservation to businesses to creating community awareness of energy conservation. MANDATE: The mandate of the Green Community Advisory Committee is to prepare a Green Community Strategy. The Green Community Strategy will focus on the community's local response to the interrelations among energy, health, climate change and development. In preparing the Green Community Strategy, the advisory committee will, on behalf of Council, consult with the public through focus groups, briefs and public meetings. The will also seek partnerships with other levels of government, private sector and non-profit groups. The Municipality of Clarington has established a staff Committee on energy management and conservation. While the Green Community Advisory Committee may include some recommendations on Municipal operations, the focus of the Advisory committee's work is to be on broader community issues. OBJECTIVES: 1) To undertake research in the following areas: a) Energy Conservation; b) Clean energy alternatives and technologies; c) Local response to Climate Change; d) Alternative development patterns for energy conservation and sustainable development including mixed densities, a mix of use and building types; and, e) Planning and technical innovation for sustainable development such as green infrastructure and low impact development. 2) On behalf of Council, to consult with the public through focus groups briefs and public meetings; 3) To prepare the Clarington Green Community Strategy; 4) To organize educational events to implement the Green Community Strategy; 5) In addition, the Committee will provide input to Municipality's Official Plan Review- Sustainable Development Component. 1327 COMMITTEE COMPOSITION: The GCAC shall consist of 13 voluntary members who are appointed by Council for a term of four (4) years, to coincide with the term of Council. A majority of membership, nine (9) shall constitute a quorum. The Advisory Committee will consist of the following representatives · Mayor and a Member of Council (2) · Ontario Power Generation (1) · Durham Strategic Energy Alliance (1) . Veridian (1) · CBOT Board Member (1) · University of Ontario Institute of Technology (1) · Youth (1) · Community at large (4) · Developer - Durham Chapter of the Greater Toronto Home Builders Association - Urban Development Institution (GTHBA-UDI) (1) The Membership shall possess expertise and willingness to devote the necessary time to the Committee. Openings for community membership shall be publicly advertised and all residents of the Municipality of Clarington may apply. Applicants will submit applications to the Municipality of Clarington Planning Services Department. Members will be formally appointed by Municipal Council. The Mayor shall sit as the interim Chair. The GCAC will select a Chair and a Vice-Chair from among its membership. The Chair shall provide leadership to the GCAC, ensure that it carries out its mandate, and act as the primary liaison between the GCAC and Staff. A staff member shall act as recording secretary. Duties of the recording secretary shall include the taking of meeting minutes and providing these minutes to the Clerk for Council's information. Regarding conflicts of interest, Members of the Committee must abide by the Municipal Conflict of Interest Act Green Community Strategy Coordinators The coordinators for the Community Advisory Committee will be: · Carlos Salazar - Manager of Community Planning and Design · Suzanne McCrimmon- Clarington Board of Trade · Jennifer Cooke, Manager, Communications and Tourism · Representative from power utility REPORTING RELATIONSHIPS/DECISION MAKING: · The Committee will be established as an Advisory Committee of Council under Councils' Protocol for Advisory Committees. Committee members will report to Council through the Committee's Chair. 1328 · Decisions will be reached by consensus where appropriate, or through a simple majority vote. · Committee members will report, to their respective organizations, decisions reached by the Committee. · Report to Council on semi-annual basis. FREQUENCY OF MEETINGS: · There will be a minimum of one meeting per month of the Committee, supplemented as required by conference etc. · The meetings will be held at the Clarington Municipal Administrative Centre. SECRETARIAT COSTS: · The Secretariat function of the Committee will be provided mainly by the Planning Services Department, the Communications Branch of the Municipality, and the Clarington Board of Trade. · The operating costs for the first two years of the Committee will be established through contributions from the Municipality, The CBOT, and may include other community partners. · The Advisory Committee will be allowed to seek other sources of funding and grants for specific initiatives/programs. WORKING GROUPS: · The GCAC may establish Working Groups as needed to further study an issue and to make recommendations on that issue to the GCAC. Working groups will have an ad hoc status with a clear mandate and time frame. · Each Working Group will be chaired by a Committee member, as selected by the Committee and with the agreement of the member. A member of the working group will be responsible for generation of minutes. · The Working Groups will be comprised of at least one staff member and may have representation from any other interested parties or experts as the Committee may require. · The Municipality and the CBOT will provide meeting coordination and information distribution support to Working Groups, as appropriate. · The Committee may establish linkages to other working groups or committees that function on a more permanent basis. PUBLIC PARTICIPATION: All Committee meetings are open to the public. Member of the public are not permitted to participate in Committee discussions but may appear as a delegation before the Committee. Delegations shall be for a maximum of 10 minutes. Those wishing to appear as a delegation at a Committee meeting must so advise the staff liaison a minimum of five working days prior to the meeting. 1329 Cl~pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 14th, 2008 Report #: COD-021-08 File#_ By-law # SUBJECT: CO-OPERATIVE TENDER W02-2006, .sUPPLY, DELIVERY AND APPLICATION OF CALCIUM I MAGNESIUM CHLORIDE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-021-08 be received; 2. THAT Miller Paving Limited, Gormley, Ontario, with a total bid price of $66,430.00 (excluding G.S.T.), for the Municipality of Clarington's requirements for liquid magnesium chloride (Section I) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender W02-2008, be awarded the contract to supply and apply approximately 325,000 litres of liquid magnesium chloride, as required by the Municipality of Clarington Operations Department; 3. THAT Glen Chemicals Limited, Scarborough, Ontario, with a total bid price of $6,300.00 (excluding G.S.T.), for the Municipality of Clarington's requirements for flaked calcium chloride (i.e., in 20 kilogram bags), (Section II) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender W02-2008, be awarded the portion of the contract to supply and deliver approximately 9,000 kg of flaked calcium chloride, as required by the Municipality of Clarington Operations Department; 4. THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contracts be awarded for a second year; and 5. THAT the funds expended be drawn from the Department of Operations various operating accounts. 1401 REPORT NO.: COD-021-08 PAGE 2 Submitted by: fir' MM\JDB\BH\km Nancy T lor, B. "' Dil:J!)~ Fred Horvath, RDMR, RRFA, Director of Operations ()~~ Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1402 REPORT NO.: COD-021-08 PAGE 3 BACKGROUND AND COMMENT The Municipality of Clarington participated with the Durham Purchasing Co-operative Group to tender for the supply, delivery and application of calcium/magnesium products. It is the intent of the Co-operative Group to award the tender on the basis of the low bid for each participating Agency's section. The Municipality of Clarington is recommending the award to the low bidders for both magnesium (liquid) chloride and calcium (flaked) chloride. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per Schedule "A" attached. Of the total bid amounts indicated for Sections I and II, the Municipality of Clarington requirements amount to $66,430.00 and $6,300.00 (excluding G.S.T.) respectively, as per Schedule "B" attached. Bids were received from Morris Chemicals Incorporated, Lakefield, Ontario and Kissner Milling Company, Cambridge, Ontario, however the bid submissions were rejected due to the absence of an agreement to bond and the failure to execute the bid, respectively. The tendered prices from Miller Paving Limited, Gormley, Ontario and Glen Chemical Limited, Scarborough, Ontario, reflect approximately a 4.3% increase and 3.0 % increase, respectively over 2007 prices. Miller Paving Limited and Glen Chemical Limited have previously performed satisfactorily for the Municipality of Clarington. After review and analysis of the bids by Purchasing and Operations, it was mutually agreed that the bid from, Miller Paving Limited, Gormley, Ontario be recommended for the contract for liquid magnesium chloride (Section I) and that Glen Chemical Limited, Scarborough, Ontario, be recommended for the contract for flaked calcium chloride in 20 kilo bags (Section II). The Finance Director 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. Attachments: Attachment 1 - Schedule "A" Bid Summary 1403 co ~ C) ~ C) N nI I E N .! 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NN ~~ "0 iIi o Z - E ::J 'ii) Q) C c> _CO E E ::J;-- '-0 .2V ~M -0 "0 ....._ '0 iIiv iIi ~! ~ II) .... C Q) E ~ .~ Q) c::: (ij ::J C C <( "0 Q) .... 'E ::i c>Z .EO > CO>. Q.Q) .... E Q) .... =0 ~C) "0 Q) .... 'E ::iZ laO CO _ O..c .- c> E ::J Q) 0 ..c.... c..>0 .0 C .... Q) CO -0 C)(/) t-= en C) c> C :e ::J l3 X Q) '" 1404 CI~mgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2008 Resolution #: Report #: COD-023-08 File #: By-law #: Subject: FIRST IMPRESSIONS COMMUNITY EXCHANGE TOURISM ASSESSMENT Recommendations: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report COD-023-08 be received for information. /' ") "...,/ ,/ ./ / Submitted by: ("Iff,).d C> Marie Marano Director of Corporate Services Reviewed bYU ~..::. ~ Franklin Wu Chief Administrative Officer MM/gj 1405 REPORT NO.: COD-023-08 PAGE 2 BACKGROUND AND COMMENT At the General Purpose & Administration meeting of June 8, 2007, Council received Report COD-025-07 as submitted by the Communications & Tourism Division of the Corporate Services Department. The report requested Council's endorsement and support in the Division's request to participate in the Ministry of Agriculture, Food & Rural Affairs (OMAFRA) First Impressions Community Exchange program for tourism. The program, adopted by the Ontario Ministry in 2005, is a structured process through which participating communities can gain insight and knowledge into the impressions of their community by a first time visitor. The goal of participating was to develop positive community action plans focused on investment attraction, tourism development and promotion. Subsequent to reviewing the report, Council passed the following: RESOLUTION GPA-404-707 THA T Report COD-025-07 be received; and, THA T Clarington Tourism's participation and leadership in the Ministry of Agriculture, Food & Rural Affairs First Impressions Community Exchange program be endorsed when a suitable exchange community is confirmed. This confirmation of participation was forwarded on to Kathy Simpson, the Ministry representative who would be working with Clarington Tourism on this project. It was not until October 2007 that Clarington Tourism was notified that a exchange community had been identified - the County of Oxford (Woodstock area). At this time, it was confirmed that Clarington Tourism was interested in proceeding with this community. The OMAFR representative for the Oxford County area confirmed their interest and it was agreed that the target exchange period would be early summer 2008. A lot of interest in participating had already been received from Clarington Tourism 1406 REPORT NO.: COD-023-08 PAGE 3 partners after it was announced in the December 2007 tourism newsletter that an exchange community had been confirmed. On February 21,2008, Clarington Tourism met with the OMAFRA representative to review the exchange process (Attachment #1) and begin planning for the exchange. The coordination requirement is especially significant at the initiation stage of the program. To begin, an Exchange Coordinator must be identified and trained. The Coordinator then begins the process of setting up the exchange with the Exchange Coordinator from Oxford County. Prior to the scheduled exchange, volunteer "visitors" are recruited and trained; each are assigned a "role" to play during the visitation; research into Oxford County's promotional material and websites are to be collected and reviewed by the volunteer visitors; preparations for the actual visit have to be confirmed - travel arrangements, accommodations (if required); and final volunteer preparation (who is doing what and a review of the required documentation to be completed) must be completed. Once the visit is completed the Exchange Coordinator collects all of the information (impressions) recorded by the volunteers and begins to compile and analyze the material for the final report. Finally, once the report is completed arrangements are made with the exchange community to visit Clarington to present their impressions and for Clarington to make a reciprocal visit to Oxford. Both visits and presentations would be scheduled to occur in September/October depending on availability of those scheduled to receive the presentation. WHERE IT 5T AND5 TODAY Following the meeting with the OMAFRA representative, the Communications/Clarington Tourism team met to discuss and review the program requirements. A number of things had changed since Clarington Tourism had initiated interest in this program. Through the budget process new (high profile) projects (such as the corporate newsletter and coordination of the 2008 annual golf classic in support of the hospital, etc.) were established. These projects have a high priority relative to the 1407 REPORT NO.: COD-023-08 PAGE 4 corporate communications strategy and have a significant impact on the existing workflow of the Communications & Tourism Office. The initial plan for Clarington Tourism's participation was to have one of the Communications & Tourism team act as the Exchange Coordinator. Given the changes in the priorities of the Office, continuing with this plan is not an option. The time required to do the First Impressions pre-visit coordination was not available. One solution was to bring an external person, someone with familiarity with the municipal processes and tourism, on temporarily to act as the Exchange Coordinator. Unfortunately, since the original plan was to handle the program coordination and administration in-house, there were no provisions made in the Communications & Tourism part-time staff budget for this purpose. RECOMMENDATION In light of the changes in the projects of the Communications & Tourism Division, and since there are no budget provisions to bring a part-time coordinator on board, the Communications & Tourism Division finds it necessary to inform Council that the participation of Clarington Tourism in OMAFRA's First Impressions Community Exchange program is not feasible at this time. Clarington Tourism, with Council's endorsement, would like to defer participation until 2009 provided that a suitable exchange community is found. Also, in preparation for the prospect of participating in 2009, the Communications & Tourism Division will address all budgetary requirement and staff resources through the 2009 budget process. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 1408 Clggton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2008 Report #: COD-024-08 File #_ By-law # Subject: CL2008-11, ASPHALT RESURFACING CONTRACT 1 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-024-08 be received; 2. THAT Lafarge Paving and Construction Ltd., Oshawa, Ontario with a total bid in the amount of $823,400.30 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2008-11, be awarded the contract for the Asphalt Resurfacing Contract #1 as required by the Engineering Department; 3. THAT the total funds required in the amount of $993,888.00 ($823,400.31 tender, consulting and contingencies) be drawn from the following Engineering 2008 Capital Accounts: Account # Account # Account # Account # Account # 11 0-32 -330-83212 -7 401 110-32-330-83266-7401 110-32-330-83269-7401 110-32-330-83270-7401 110-32-330-83295-7401 $ 851,888.00 $ 19,000.00 $ 29,000.00 $ 56,000.00 $ 38,000.00; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1409 REPORT NO.: COD-024-08 PAGE 2 Submitted by: ~ Man arano, H.B.Sc., C.M.O. Director of Corporate Services ~ A.S. Cannella, C.E.T. Director of Engineering Services. MM/NT/ASC/JB/km Reviewed by: 4~ Franklin Wu, f Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1410 REPORT NO.: COD-024-08 PAGE 3 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Asphalt Resurfacing Contract 1, as required by the Engineering Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per the letter from Totten Sims Hubicki Associates Schedule "B" attached. The total project cost, including project administration, and contingencies is $993,888.00 and the required funds will be drawn from the following 2008 Engineering Capital Budget Accounts as outlined in the memo from Engineering Services and the letter from Totten Sims Hubicki Associates marked Schedule "B". The total project costs are within the total approved budget allocation of $1 ,735,888.00. Account # Account # Account # Account # Account # 110-32-330-83212-7401 110-32-330-83266-7401 110-32-330-83269-7401 110-32-330-83270-7401 110-32-330-83295-7401 $ 851,888.00 . $ 19,000.00 $ 29,000.00 $ 56,000.00 $ 38,000.00 The low bidder has previously performed satisfactory work for the Municipality of Clarington. 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 Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Lafarge Paving and Construction Ltd., Oshawa, Ontario, be recommended for the contract for the Asphalt Resurfacing Contract 1. 1411 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 lafarge Paving and Construction Ltd., Oshawa, Ontario, to enter into agreement for the Asphalt Resurfacing Contract 1. 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, lafarge Paving and Construction Ltd., Oshawa, 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 1412 r . , SCHEDULE" B" CICJ!ilJgton MEMO TO: Jerry Barber, Purchasing Manger FROM: Bruno Bianco, P. Eng., Des'ign Engineer DATE: April 7, 2008 SUBJECT: Asphalt Resurfacing - Contract 1 Various Streets - 2008 CL 2008-11 Our File: CPR.2008.1 The Engineering Services Department has reviewed the recommendation provided by TSHand offers the following comments. We concur with the recommendation to award the contract to Lafarge Paving & Construction Limited in the amount of $823,400.30 exclusive of G.S.T. for the Pavement Rehabilitation Program (Contract 1) for 2008. A contingency amount of approximately 10% is carried forward for the project based on previous years. Therefore, including design and tender fees as well as contract administration fees, the. engineering department advises the following Municipal breakdown for the above referenced project; Top Lift Asphalt Asphalt Jane Ave Westmore Division Temperance Resurfacing Street Street & Lowe Street Contract 1 Account 110 32 330 11 0 32 330 11032330 110 32 330 110 32 330 832697401 832707401 83266.7401 832957401 832127401 Total Project $29,000.00 $56,000.00 $19,000.00 $38,000.00 $851,888.00 Amount Total Budget $40,000.00 $100,000.00 $30,000.00 $64,000.00 $1,501,888.00 Amount Estimated $11,000.00 $44,000.00 $11,000.00 $26,000.00 $650,000.00 Unexpended To be carried Funds forward to Contract 2 *Costs exclusive of GST 1413 ,'~\:~,)!,alt Resul'fac;'ig Conti'act 'I ',;,o.(iOUS Streets 2J:J8 " -..::.. - April 7 20e8 ()!_~( ;:;ie r:PH.2CJ08. ': SCHEDULE" B" We recommend the report to Council move forward based on the above apportionments. Attached for your files is the recommendation provided by TSH. Should you have any further question, please feel free to contact the undersigned. Regards, .C-~-r?s ~ Bruno M. Bianco, P. Eng. Design Engineer BMB/dv Attachment cc William McCrae, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance .'; ':,' '\.:0ring;:(hnin;"Fati.-,n\MEMO:; ZOOS\Siiil1cl>Apr 7 08, Aspl1"itResul-filCin~]Contrrlct1. V ariolJsStreets2008,CP !'~'.2Gij::}.1.8i\r1B.dcc CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F(905)623-9282 1414 j II lilt SCHEDULE "B" ~) . i. Totten Sims Hubicki Associates 513 Division Street. Cobourg, Ontario, Canada K9A 5G6 (905) 372-2121 Fax: (905) 372-3621 E-mail: cobourg@tsh.ca www.tsh.ca engineers architects planners April 4, 2008 '-" 5 P',',",' -"'I":;{"~CF _..._._--===.",~.. ...,.-." r JV t. ' . .. I' lJr ;;' l- '1 ;-".. . . ~ c: '>":"-='-'i~1 I.~:'..~_.._~; '''__~'' . "L. f'\" I, ,~.': . \.,., f ._. . .n - .--.... --- ! ~ _ ~~_~:2P__..; ~.:?~.: ". _... ..... .' ,';~"~-----i ~ -", .J ~"~B r~".':' ~ ....:....-....... ........~,.,............,....._-__.! 1~,~.t}-\ ' .-r-fe \ ., .".-._....:...;.',:=~=.j=~,g~.~=~~:.~i : . .: : ".""-'.', Mr. A. S. Cannella, CET Director, Engineering Services The Municipality of Clarington 40 Temperance Street BOWMANVILLE, ON 11 C 3A6 Re: Asphalt Resurfacing, Phase I, Various Streets - 2008 Contract No. CL2008-11 ...,.~V'"".o~~=.,~_.___. Municipality of ClaringtoD :i . .. ~ t. ./ , . , ~ , ~ Dear Sir: _,,_''lIE._~,...,_.~ Tenders for the above project were opened at the Municipal Offices on Thursday, March 27, 2008 at 2:15 p.m. A list of the bids received is provided in the table below. All numbers are e>~clusive ofGST. BIDDER TOTAL BID AMOUNT Lafarge Paving & Construction Limited $823,400.30 Oshawa, ON Miller Paving Limited $824,701.13* Whitby, ON * Extension error Note: Extension error did no change bid order. TSH has reviewed all bids accepted by the Clarington Purchasing Department and have confirmed the bid values noted above. As requested by the Purchasing Department, references have been checked for the low bidder, Lafarge Paving & Construction Limited. In addition to Contract No. CL2007-40 for the Municipality of Clarington, Lafarge Paving & Construction Limited has completed projects of similar scope for the Region of Durham and the City of Oshawa. Staff from these companies were contacted for references and have confirmed the Contractor's performance on these past projects to be satisfactory. Estimated costs for various project components, based on Lafarge Paving & Construction Limited's bid, are summarized on the attached Cost Apportionment. The higher budgeted amount for pavement rehabilitation portion of the Contract is to account for the second phase of rehabilitation which is to be tendered later this spring. Based on the above, we recommend that the tender in the amount of $823,400.30 (exclusive of GST), be awarded to Lafarge Paving & Construction Limited of Oshawa, Ontario. Bid cheques or bid bonds shall be retained for low and second low bids until the Contract has been executed. 1415 J' Mr. A. S. Cannella, C.E.T. April 4, 2008 2. SCHEDULE "B" Should you have any questions regarding this matter, please contact the undersigned. Y*t- Troy MacArthur, C.E.T. Senior Technologist TM/ym P:\DepI12\12-29699\Corresp\22563.doc Encl. pc: Mr. Bruno Bianco, P. Eng., Design Engineer, Municipality ofClarington (+Encl.) Ws 4 " ~ ~ l!' ~ ~ i ~ t f ~ I i ~ f i " ~ i E ~ . i . t 8 ~ ~ 8 8 .. .. ~ IS ~ ~ 8 8 .. .. III f ~ ~ 8 8 ~ ::: 1: ~ ~ ~ ~ ~ i 8' ~ '" 8 g i S - i J:I OS = " ! ~ . .. II. _ '1l !1 .2. '" ~ ~ n 51 lit .. .. 4IIt M ... M .. - '" ..... ... '" ."J '" ~ ~ 8 8 ... <C ... 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II i f " i o '" ","J ...", ~lS CD '" "J Cj ~ en.. if iil o ",1:1 ...... ~IS CD ~ I " en I o li'it' ",1:1 Ii ~ ~ en"il e: i a ~ - fa DI E If -::a B a. - :5 f -: o en ~ 1:1 i i ~ ::a CD . ~ ~ i .. fa il '" :::; :z: 0 i - ...,;.;!jli ~ :r:rof !if a II " i 'C .: irE c: en !fi c ~ :1 '1:1 c:t o " LE "B" p~ Ei 83 ~t ~ ~ g if i III Ii: en c ~ li & a '< I; iil' 'i " .. < S' <C go (') o ::> .. 2 ~' ~ .... o E .... o '1:1 ,.. ;$ ~ '1:1 i = l:'1: <'g.c 1I!!.2- :I. .. n g ff MM= enc~ j;.S, ;rlln . .! ii N ':a :I. iff n ii S CI S' " r ,. iii' ~ C/I :I: " i~ 'It;. 1H7 ClfJ!.fflgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2008 Report #: COD-025-08 File#_ By-law # Subject: CL2008-9, Sidewalk Rehabilitation, Various Locations Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-025-08 be received; 2. THAT Melrose Paving Co. Ltd., Etobicoke, Ontario with a total bid in the amount of $312,756.85 (Plus GST), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2008-09, be awarded the contract for the Sidewalk Rehabilitation, Various locations as required by the Engineering Department; 3. THAT funds required in the amount of $377,000.00 ($312,756.85 tender plus contingencies, consulting and utility relocations) be drawn from the following Engineering Capital Budget Accounts: Account # Account # Account # 110-32-331-83215-7401 (2007 & 2008) 110-32-331-83320-7401 (2007) 110-32-331-83268-7401 (2008) $212,000.00 $ 44,000.00 $121,000.00 ; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the neces ry agreement be approved. Submitted by: Reviewed by: /{f , nkin Wu, Chief Administrative Officer A.S. Cannella, C.E.T. Director of Engineering Services MM\NT\AC\JDB\km 1418 REPORT NO.: COD-025-08 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by the Engineering Department for the Sidewalk Rehabilitation, Various locations. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were reviewed and tabulated as per the memo from the Engineering Department, Schedule "B". The total project cost, including Project Administration, and costing allocation is as detailed in the memo from Engineering Services marked Schedule "B" with the required funds being be provided from the following 2008 Engineering Capital Budget Accounts. The project costs are within the total approved budget allocation of $610,000.00. Account # Account # Account # 110-32-331-83215-7401 (2007 & 2008) 110-32-331-83320-7401 (2007) 110-32-331-83268-7401 (2008) $212,000.00 $ 44,000.00 $121,000.00 The low bidder has previously performed satisfactory work for the Municipality of Clarington on other projects and references provided by the contractor for similar work were satisfactory. 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 Engineering. After further review and analysis of the bids by the Engineering Department and Purchasing, it was mutually agreed that the low bidder, Melrose Paving Co. Ltd., Etobicoke, Ontario, be recommended for the contract for the Sidewalk Rehabilitation, Various locations. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F {905)623-4169 1419 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Melrose Paving Co. Ltd., Etobicoke, Ontario, to enter into agreement for the Sidewalk Rehabilitation, Various. 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, Melrose Paving Co. Ltd., Etobicoke, 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. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1420 ClEJ!.mgtnn MEMO TO: FROM: Jerry Barber, Purchasing Manager Bruno Bianco, Design Engineer DATE: April8,2008 SCUGOG STREET AND RUDELL ROAD SIDEWALK & 2008 REHABILITATION - VARIOUS LOCATIONS CSW.2008.1; CONTRACT CL2008-09 SUBJECT: Tenders for the above project were opened at the Municipal Offices on Wednesday March 19, 2008 at 2:00 p.m. A summary of the bids as received from Purchasing is provided in the table below. All numbers are exclusive of GST. IBIDDER I TOTAL BID ~ (PLUS GST) Melrose Paving Co. Ltd. $312,756.85 * Etobicoke ON Nuroad Construction Limited $336,999.50 Concord, ON Bennington Construction Ltd. $357,137.40 Stouffville, ON Miller Paving Ltd. $393,906.70 Markham, ON Aloisa Bros. Concrete Contractors Ltd. $409,533.25 * Toronto, ON Ron Robinson Limited, $411,516.10 Bowmanville, ON Kretcon Construction Ltd. $436,390.42 Toronto, ON 614128 Ontario Ltd. $590,728.25 olc Trisan Construction Schombero, ON * Amended total - e)(tension error. Project costs based on Melrose Paving's low bid are shown on the attached Cost Apportionment. The estimated total project cost is $312,756.85 of which $33,697.50 is allocated for Rudell Road in Newcastle Village, $99,963.25 for Scugog Street in Bowmanville, and $179,096.10 for other various locations throughout Clarington. In the past the sidewalk contract has drawn considerable interest from impacted residents who have requested that additional work be done to tie their driveways and lawns into the new or reconstructed sidewalk. In order to allow flexibility in this regard we have included a higher than normal contingency allowance so that municipal staff can address these issues as they arise. 1421 Scugog & Rude!1 Sidewall<. & 2008 Rehab \/;3ii.)us Local Our ~ite CSW20081 ') -L- April 8, 2008 The Engineering Services Department has reviewed the reference check provided by your department and offers the following comments. We recommend that the tender in the amount of $312,756.85 (exclusive of G.S.T.) be awarded to Melrose Paving Co. Ltd. This tendered value is below our departments estimated costs and within the capital budget allocations approved by council. As previously discussed, we have carried a contingency amount of 15% to address interest from impacted residents. Therefore, including utility relocations as required and contingencies, the engineering department advises the following breakdown for the above referenced project exclusive of GST; Sidewalk Rudell Road Scugog Street Total Replacement - Sidewalk Sidewalk Various Location Construction Construction Account 11032331 83215 110 32 331 8.3320 11032331 83268 7401 7401 7401 Total Project $ 212,000.00 $ 44,000.00 $ 121,000.00 $ 377,000.00 Amount Budget Amount $ 400,000.00 $ 50,000.00 $160,000.00 $ 610,000.00 (2007 & 2008) Estimated $ 188,000.00 $ 6,000.00 $ 39,000.00 $ 233,000.00 Unexpended Funds Due to early approval of the 2008 Capital Budget by council, the Engineering Department was able to tender the sidewalk replacement project in March. This early process allowed for extremely competitive bids and results in the unexpended funds seen above. As such, the Engineering Department will report back to council with recommendation on utilizing the unspent amount to accelerate works contained in future sidewalk replacement programs. We have discussed this with the Director of Finance who concurs with this recommendation. We therefore request a report to Council be moved forward based on the above apportionments. Attached for your files is the project cost apportionment. Should you have any further question, please feel free to contact the undersigned. Regards, ~ rc16 ~~ Bruno M. Bianco, P. Eng. Design Engineer cc William McCrae, P. Eng., Totten Sims Hubicki Nancy Taylor, Director of Finance :. \. to :l~llneeringAdmi nistratio illMEMOS 2008\8ianco\Apr.8 .08 .SclIgog. R udell.Sidewalk& 2008Rehab. Var. 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U !- 0 m c m 0 :z: w 0: - 0 E en VI c 'C 'C 0 . . . . . . 0 'ii 'ii ~ Gl oC C1l - CJ 0: - - - = ~ lo P P [u [&. 0 - C III j III C .. ~ ~ E .5 ;: 't: 't: 't: 't: 't: 't: Gl ;; 1II J: .0 C ;; '0 - (3 III 1II 1II III 1II 1II (5 ;:; = 0 VI = VI Q. Q. Q. Q. Q. Q. ;:) en CJ w m w 1423 .... '0 .... C1l Cl Cll Do - C ~ C o ~ a . 0.1- a. . Cll~ iilC!) 8'0 :2 ~ .0 "- Ul ~ ::J 0'0 - )( O)w 9Ul COiil 00 ~u ~- u< CJ!lri1!gron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 14, 2008 Resolution #: Report #: FND-010-08 File #: By-law #: Subject: 2008 MUNICIPAL ROAD AND BRIDGE INFRASTRUCTURE INVESTMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-010-0B be received; 2. THAT the Municipality confirms that the $1,913,794 allocated to the Municipality of Clarington by the Province of Ontario will be used for municipal road and bridge capital investments needs; 3. THAT the Municipality agrees to provide a final summary report detailing expenditures, use of provincial funding and outcomes received and acknowledges that the Ministry of Transportation may request an independent audit of the project; 4. THAT the Municipality of Clarington acknowledges that any funds intended for the project that are not used in accordance with the rehabilitation of municipal roads and bridge capital investment needs or the terms of the grant funding will be returned to the Ministry in accordance with the terms of the grant funding; 5. THAT the Mayor and Clerk be authorized to sign any necessary by-laws to receive this funding; 6. THAT this report be copied to Jim Bradley, Minister of Transportation; and 7. THAT Dalton McGuinty, Premier of Ontario, Jim Bradley, Minister of Transportation and John O'Toole, MPP Durham, be thanked for this much needed funding for infrastructure for the Municipality of Clarington. '" Reviewed b~ ~-~ Franklin Wu, Chief Administrative Officer. NT /hjl 1501 REPORT NO.: FND-010-08 PAGE 2 BACKGROUND: 1.0 The 2008 Ontario Budget announced that the Province would provide $400 million for municipal roads and bridges capital investment needs outside of Toronto. 1.1 In a letter dated March 31,2008 (Attachment "A"), the Municipality of Clarington received notification that it has been approved to receive funds in the amount of $1 ,913,794 ~owards municipal road and bridge capital investment needs. 1.2 A condition of the funding as outlined in the attached letter includes a council resolution acknowledging certain conditions; The purpose of this report is to comply with this request by the April 30, 2008 deadline. CONCLUSION: 2.0 It is recommended that the general conditions be agreed to by Council in order to secure the one-time provincial funding. A further report will be forthcoming to Council to authorize the projects to be undertaken. Attachments: Attachment "A" - letter from Ministry of Transportation Interested Parties: Jim Bradley, Minister Ministry of Transportation Office of the Minister Ferguson Block, 3rd Floor 77 Wellesley 81. West Toronto, Ontario M7 A 128 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-41'69 1502 Ministry of Transportation Office of the Minister Ferguson Block, 3rd Floor 77 Wellesley 51. West Toronto, Ontario M7A 1Z8 416327-9200 www.mto.gov.on.ca MAR 3 1 2008 His Worship Jim Abernethy Mayor Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3AB Dear Mayor Abernethy: Minlstere des Transports Bureau du ministre Edifice Ferguson, 3" etage 77, rue Wellesley ouest Toronto (Ontario) M7A 1Z8 416327-9200 www.mto.gov.on.ca Attachment "A" ~ ~ Ontario Re: 2008 Municipal Road and Bridge Infrastructure Investment As announced in the 2008 Provincial Budget, I am pleased to advise you that the Municipality of Clarington has been approved to receive funds in the amount of $1,913,794 towards your municipal road and bridge capital investment needs. Addressing municipal road and bridge capital investment needs is an important part of maintaining and improving the province's transportation network, economic success and Ontarians' quality of life. To this end, the approved funds will be transferred to you by June 30, 2008, at which time the province will also provide details on reporting requirements and other accountability related requirements. These requirements will include as a minimum a description of the types of eligible expenditures for which the funding is intended, and requirement for a final report on how the funds were used. In addition, the province reserves audit rights to ensure that funds were used for the purpose intended and to recover funds if it is determined that they were not used, or will not be used for the intended purpose. The province also requests the following additional information: ~ An authorizing bylaw/council resolution from the Municipality of Clarington which should be dated no later than April 30, 2008. The bylaw/council resolution should reference: · That the $1,913,794 allocated to the Municipality of Clarington by the province will be used for municipal road and bridge capital investment needs; · That a final summary report detailing expenditures, use of provincial funding, and outcomes achieved shall be submitted to the ministry and the ministry may request an independent audit of the project; and · Any funds intended for the project that are not used in accordance with rehabilitation of municipal road and bridge capital investment needs or the terms outlined above will be returned to the ministry. PiCJE.TfWIE@ APR 2 2008.../2 MUNICIPALITY OF CLARINGTON FINANCE 1503 I , - 2- Please acknowledge your receipt of this letter by signing and returning the enclosed duplicate copy of this letter to Steve Naylor, Director, Finance Branch, 6th Floor, 301 St. Paul Street, St. Catharines, ON L2R 7R4, Fax (905) 704-2515 by April 30 to initiate payment processing. If you anticipate any issues or concerns with meeting any of the above-noted dates, please advise as soon as possible. Yours sincerely, ~~~~ Jim Bradley Minister c: Bruce McCuaig, Deputy Minister, Ministry of Transportation John O'Toole, MPP, Durham Acknowledged by: ~~:A~~N7: Date 2 "fo/ ~/ O/Jtev-Gr'CW P'1u<v, -cr,rXJ 0 . ~PRrA d2ftd' 1504 UNFINISHED BUSINESS Cl!Jl-!lJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 14, 2008 Report #: PSD-041-08 File #: ZBA 2007-0015 & S-C-2007 -0004 By-law #: Subject: ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 1300 RESIDENTIAL UNITS APPLICANTS: BAYSONG DEVELOPMENTS INC., 2084165 ONTARIO LTD., KIRK KEMP AND DOUGLAS KEMP (NORTHGLEN WEST) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-041-08 be received; 2. THAT the application for Draft Plan of Subdivision S-C-2007-0004 submitted by Baysong Developments Inc. 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval subject to the conditions contained in Attachment 3; 3. THAT the application for Zoning By-law Amendment ZBA 2007-0015 submitted by Baysong Developments Inc. 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp be APPROVED as contained on Attachment 4; 4. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreement between the Owner and the Municipality of Clarington, at such time, as the agreement has been finalized to the satisfaction of the Directors of Engineering Services, Planning Services and Finance; 5. THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1701 REPORT NO.: PSD-041-08 PAGE 2 Submitted by: Da Id J. rome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed by: ~ y Franklin Wu /"0 Chief Administrative Officer CS/CP/DJC/df 9 April 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1702 REPORT NO.: PSD-041-08 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: Baysong Developments Inc., 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp 1 .2 Agent: Tunney Planning Inc. 1.3 Proposed Draft Plan of Subdivision: 1300 unit residential Plan of Subdivision consisting of: . 855 single detached dwellings on 10.0, 11.0, 12.0 13.5 and 15.0 metre lot frontages; . 52 semi-detached dwelling units on 18 metre lot frontages; . 203 street townhouse units; . 86 block townhouse units; . 104 medium/high density residential units within a mixed use block; . 1 public elementary school block; . 1 park block; . 1 parkette; and . Open space 1.4 Proposed Rezoning: To change the current zoning on these properties from "Agricultural (A)", and "Agricultural Exception (A- 1) Zone" to appropriate zones to permit the proposed development. 1.5 Area: Baysong Developments Inc. 2084165 Ontario Limited Kemp TOTAL 46.841 hectares 15.119 hectares 12.583 hectares 74.543 hectares 2.0 LOCATION 2.1 The subject lands are located on the north side of Concession Road 3, west of Middle Road and east of Regional Road 57, being in Part lots 13 and 14, Concession 3 in the former Township of Darlington (Attachment 1). 3.0 BACKGROUND 3.1 On March 2, 2007, Baysong Developments Inc., 2084165 Ontario Inc., Kirk Kemp and Douglas Kemp submitted applications for draft plan of subdivision and rezoning. The subject applications originally proposed a total of 1342 residential units consisting of single detached, semi-detached, townhouse, medium and high 1703 REPORT NO.: PSD-041-08 PAGE 4 density units. A Public Meeting for these applications was held in May 22, 2007. The applications were referred back for further processing, completion of a Neighbourhood Design Plan and a Financial Impact Study. 3.2 The Northglen Landowners Group (Baysong Developments Inc., 2084165 Ontario Limited, Kemp and Carruthers) had also submitted an application to amend the Clarington Official Plan, encompassing the entire Northglen Neighbourhood. Official Plan Amendment No. 59 was approved by Council on December 10, 2007. 3.3 A revised draft plan of Subdivision was submitted in February 2008, reducing the number of residential units from 1342 to 1300. 3.4 A draft plan of subdivision and rezoning application submitted by Kemp and Carruthers for the lands on the east side of Middle Road, north of Concession Road 3, also within the Northglen Neighbourhood is the subject of separate staff report. 3.5 At the General Purpose and Administration Committee of March 31, 2008, Staff Report PSD-036-08, which recommended approval of the Draft Plan of Subdivision and the Zoning By-law amendment was referred back to staff, to allow for further discussion between the Northglen Landowners Group and staff on the Conditions of Draft Approval and the Zoning By-law amendment. Staff have met with the Landowners Group. A summary of discussions will be provided in the Staff Comments section of this report. 4.0 LAND CHARACTERISTICS AND SURROUNDING USES 4.1 The northwest portion of the lands consist of a woodlot with some cleared areas in the northern, western and southern sections of the property. The northeast property was historically used for agriculture, but is now vacant, naturally vegetated land. There is a barn and building debris present on the land. An apple orchard is currently being operated on the southeast property (owned by the Kemp family), with vacant, naturally vegetated land to the north. Finally, the southwest portion of the lands consists primarily of farmland. There exists a residential building and the remains of a barn on the southwest corner of this property. The subject lands are relatively flat and generally slope to the south. 4.2 The surrounding uses are as follows: North - Agricultural lands, rural residential, and the Quarry Lakes Golf Course. South - Concession Road 3 and beyond, existing urban residential, and Hydro One's works depot. 1704 REPORT NO.: PSD-041-08 PAGE 5 East - Middle Road and beyond, orchards and rural residential and lands subject to a proposed draft plan of subdivision. Regional Road 57 and beyond, existing estate residential, and the Bowmanville Creek valley. West - 5.0 PROVINCIAL POLICY 5.1 Provincial Policy Statement The Draft Plan of Subdivision and the corresponding rezoning application were reviewed in the context of the 2005 Provincial Policy Statement. 5.1.1 The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. 5.1.2 Policy related to Settlement Areas, state that new development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. 5.1.3 The Housing Policies, state that Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated, and a three year supply of zoned and serviced land within draft approved and registered plans. New housing is to be directed to locations where infrastructure and public services are or will be available. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. 5.1.4 The Public Spaces, Parks and Open Space policies, state that healthy active communities should be promoted by planning public streets and spaces that are safe and facilitate pedestrian and non-motorized movement. A full range of publicly accessible built and natural settings for recreation including facilities, parks, open space and trails should also be considered. 5.1.5 The Infrastructure and Public Service Facilities policies, state that infrastructure and public service facilities shall be provided in a coordinated efficient and cost effective manner. Planning for these shall be integrated with planning for growth so that they are available to meet current and projected needs. The use of existing infrastructure and public service facilities should be optimized where feasible before considering developing new infrastructure and public service facilities. - 5.1.6 Energy and Air Quality policies, state that planning authorities shall support energy efficiency and improved air quality through various means in the planning and development process. 1705 REPORT NO.: PSD-041-08 PAGE 6 5.1.7 The subject applications are consistent with the 2005 Provincial Policy Statement as they are proposing the development of a mixed use community with a range of housing types and densities. The subject lands are adjacent to the existing built-up area and w.ill make use of existing infrastructure and public service facilities. 5.2 Provincial Growth Plan 5.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit-supportive communities in designated greenfield areas and by reducing dependence on the automobile through the development of mixed use, pedestrian-friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. Municipalities should establish an urban open space system within built up areas which may include communal courtyards and public parks. 5.2.2 The application would appear to conform with the Provincial Growth Plan and is expected to generate in excess of 50 people and jobs per hectare. 6.0 OFFICIAL PLANS 6.1 Durham ReQional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area. The intent of this designation is to permit the development of primarily residential areas with defined boundaries, incorporating the widest possible range of housing types, sizes and tenure, developed in an efficient and cost effective manner. In consideration of development applications within designated Living Areas, regard shall be had for the intent of this plan to achieve the following: . A compact urban form; . The use of good urban design principles; . The provision of convenient pedestrian access to public transit, educational facilities and parks; and . The grid pattern of roads. 6.2 ClarinQton Official Plan 6.2.1 The subject lands are designated Urban Residential within the Clarington Official Plan. This designation is to ensure developments provide for a diverse range of housing. The applicants submitted and received approval for an Official Plan Amendment application to allow for the following: . Increased housing and population targets; 1706 REPORT NO.: PSD-041-08 PAGE 7 . Revisions to the road network; . Revisions to, as well as additional medium density symbols; and . Revisions to school and park requirements and locations for each. 6.2.2 The majority of the Northglen Neighbourhood is located on the Lake Iroquois Beach. Significant Woodlots and Significant Valleylands are also identified on Map C. An Environmental Impact Study (EIS) was undertaken for the entire Northglen Neighbourhood. 6.2.3 In addition to the woodlot being preserved through the EIS, there are a number of trees on the property of various species and health. As such, the preparation of a Tree Preservation Plan is required to identify those trees that can be preserved and contribute to the natural heritage of the neighbourhood. 6.2.4 A Neighbourhood Centre symbol is located at the northeast corner of Regional Road 57 and Concession Road 3, within the subject lands. Neighbourhood Centres are to serve as focal points for residential communities and provide for day to day retail and service needs. The maximum gross leasable f100rspace shall be 5000 m2. Neighbourhood Centres are intended to be developed with adjacent areas such as transit nodes containing higher density residential uses, recreation, community, cultural and institutional uses. How Block 925, a 6.739 ha parcel, will be developed shall be detailed through future applications for site plan approval. 6.2.5 The Clarington Official Plan states prior to consideration and approval of a plan of subdivision, the Municipality shall require the preparation of a Neighbourhood Design Plan (NOP). The plan shall be prepared in consultation with the Municipality and other agencies. A Neighbourhood Design Plan is a visual interpretation of the future development of a neighbourhood. A report containing the recommended NOP was presented to General Purpose and Administration Committee at their meeting of March 17,2008. 6.2.6 The Clarington Official Plan states that the Municipality may require a Financial Impact Analysis to be undertaken for major development proposals. Where such an analysis demonstrates that the development will have an adverse effect on the Municipality's financial situation, the development will be considered to be premature and contrary to the intent of the Official Plan. In consideration of the subject application, together with development proposals elsewhere in Bowmanville and Newcastle Village, the Municipality undertook a Financial Impact Analysis. The conclusions and recommendations of the Financial Impact Analysis, prepared by Hemson Consulting Ltd., were presented at the February 25, 2008 General Purpose and Administration Committee through Report FO- 007 -08. 1707 REPORT NO.: PSD-041-08 PAGE 8 7.0 ZONING BY-LAW 7.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A), and "Agricultural Exception (A-1) Zone". The proposed development does not comply with the provisions of this zone and therefore the subject Zoning By-law Amendment is required. 8.0 SUMMARY OF BACKGROUND STUDIES 8.1 The following documents in support of the Official Plan Amendment and Draft Plan of Subdivision were received: . Phase 1 Environmental Site Assessments; . Environmental Impact Study; . Hydrogeological Analysis; . Archaeological Assessments; and . Functional Servicing Report These documents were summarized in staffs report dealing with the proposed Official Plan Amendment (PSD-137-07). The findings of the Financial Impact Study were presented to Council in Report FD-007 -08. The Neighbourhood Design Plan was presented to Council through Report PSD-026-08. 9.0 PUBLIC MEETING AND SUBMISSIONS 9.1 A joint Public Meeting for all of the subject applications was held on May 22, 2007. A number of area residents expressed concerns with the proposed development and provided comments as summarized below: . Proposed lots adjacent to Rebecca Court should be a minimum of 18m wide; . Proposed homes on lots adjacent to Rebecca Court should be not more than two storeys and all brick, any structure two storeys or more should be at least 500 metres away from existing properties on Rebecca Court; · Existing fencing along the property line between proposed lots and existing properties on Rebecca Court should replaced to prevent shortcuts to Liberty Street; · Development will increase traffic volumes on major roads in Bowmanville; · Development will increase noise levels and crime rates; 1708 REPORT NO.: PSD-041-08 PAGE 9 . Deleting school sites means that children will have to be bussed outside of their community to attend schools; . Development will have an impact on wells in the area; . Development will effect water pressure in the Rills of Liberty; and . Balanced growth at non-residential to residential assessment ratio 25:75 is not being achieved in the municipality, nor is 1 job for every 3 residents being achieved. 9.2 Those concerns/comments regarding Rebecca Court will be discussed in the report dealing with Northglen East lands. All other concerns are addressed in Section 11.2 of this report. 10.0 AGENCY COMMENTS 10.1 The subject applications for Draft Plan of Subdivision and rezoning were circulated to various agencies and departments. Clarington Building and Rogers Cable have offered no objections to the proposed applications. 10.2 Clarington Emergency Services has reviewed the propo~al and requested that roads greater than 90 metres long are to provide turn around facilities regardless of whether the dead ends are temporary or permanent. 10.3 Clarington Operations reviewed the applications and provided comments with respect to the stormwater management plan. The stormwater management pond will require an upstream interceptor. It must be designed with full perimeter access road to allow for heavy maintenance equipment. In addition, a contribution of $20,000 for future maintenance of the pond will be required. With respect to the school block, all parking, including bus pick-up and drop off, and vehicular traffic must be accommodated within the school site. Parking will not be allowed on the street. Parks and schools should be separated to avoid over use of the park. A number of lots on incomplete streets maybe frozen or temporary turn circles required to accommodate snow clearing. 10.4 Clarington Engineering has reviewed the subject applications. The following is a summary of their comments: . Appropriately sized sight triangles for all road intersections are shown on the draft plan. A 5.0 metre road widening is shown on Concession Road 3 and a 5.0 metre widening is shown on Middle Road. . Temporary turning circles are required in a number of locations particularly around Abe's Auto Wreckers. All temporary dead end streets must provide sufficient width to accommodate a temporary turning circle. 1709 REPORT NO.: PSD-041-08 PAGE 10 . Phasing of the subject draft plan will be restricted by the number of external accesses available. Full development of the draft plan will require all external accesses to be constructed. . Development of a specific phase of development cannot proceed until such time as the Municipality has approved expenditure of funds for the provision of the infrastructure required for that phase of the development. The required infrastructure shall include, but not be limited to, the urbanization and reconstruction of Concession Road 3 and Middle Road including sidewalks and street illumination, park development, lighting of intersections of proposed Streets "B" and "C" with Regional Road 57, as well as entrance works or services which have been included in the Municipality's Development Charges By-law and have been deemed necessary by the Director of Engineering Services. . The Engineering Department is requiring that a Preliminary Stormwater Management Report be completed in order to determine the size and location of the stormwater management facility within Block 925 The report shall demonstrate that the lands ultimately required for a stormwater management pond shall be designed with sufficiently flat side slopes (5:1 or flatter) so that fencing is not required. . The Department is also requiring a Preliminary Lot Grading and Drainage Plan that demonstrates that all lots and blocks can be graded in accordance with Municipal criteria. 10.5 The Region of Durham provided comments on the proposed subdivision with respect to provincial plan responsibilities, the proposed method of servicing, and transportation issues. The application has been screened in accordance with the terms of the provincial plan review responsibilities. Four (4) Phase 1 Environmental Site Assessments were submitted for all the lands in Northglen West. A Record of Site Conditions is required by the Region of Durham. Potential impacts identified include; fill material pile near the former barn, the presence of a neighbouring automotive scrap yard, Abe's Auto Wreckers, and the historical and current presence of an orchard. The Soper Creek tributaries traverse the north-eastern limit of the Northglen West area. This area is identified as having high archeological potential. An archaeological assessment of the site will be a condition of draft plan approval. The Abe's Auto Wreckers facility is currently located at the south portion of the subject land. The land use compatibility between the auto facility and the surrounding proposed residential development has been evaluated in accordance to the Ministry of Environment Land Use Compatibility (0-6) Guideline. The auto facility meets the criteria of a Class II industrial facility and requires a minimum distance separation of 70 m from the property line to the sensitive land use. The 1710 REPORT NO.: PSD-041-08 PAGE 11 Region will require that all residential lots and sensitive land uses that are proposed within 70 m of the limit of the auto facility lands not be developed until the operation has ceased and is removed from the neighbourhood plan. The required site remediation and an RSC would then be required prior to any of the restricted lots being released for development. Durham Transit advised that there is transit service currently provided on Scugog Street. Regional Road No. 57, Concession Road 3 and Middle Road will be designated for future transit service to serve the Northglen Neighbourhood and' the surrounding areas: They recommended that through approval of the application the following requirements: . To protect for future transit stops with shelters and hard surface platforms within the public road allowance on Regional Road No. 57, Concession Road 3 and Middle Road at intersections of collector roads into the development and at other proposed public walkways providing access to the arterial roads; . That Street 'A', Street 'B', Street 'e', Street '0' and Street 'I' be designated for future transit service to address operational concerns and to provide adequate coverage ensuring effective service delivery standards are met; and . To protect for future transit stops with shelters and hard surface platforms within the public road allowances at intersections of same internal collectors designated.for transit service. Regional Works provided the following comments: . Municipal water supply to the Northglen Neighbourhood area is available from the existing 600 mm feedermain on Middle Road and from the extension of a 300 mm watermain on Concession Road 3 from Lunney Crescent to North Scugog Court and Liberty Street. . Sanitary servicing to the Northglen West area is available from an existing 375 mm sanitary sewer on West Scugog Street at Concession Road 3 and the existing 450 mm sanitary sewer on Middle Road at Bons Avenue. . Many revisions to the Traffic Impact Study are required to reflect the Region's issues with respect to volume projections and future intersection improvements. . No access to the Northglen West commercial block will be permitted from Regional Road No. 57. 1711 REPORT NO.: PSD-041-08 PAGE 12 · While the proposed intersection locations along Regional Road No. 57 do not meet intersection spacing standards for a north-south Type 'A' Arterial Road, they are acceptable in this case as unsignalized 'T' intersections. The developer will be responsible for any profile corrections on Regional Road No. 57 that are required to meet sight distance standards for the proposed new intersections. · The Region will require the developer to construct improvements at the Regional Road intersections, including signalization and auxiliary lanes at the Regional Road No. 57/Concession Road 3 intersection, auxiliary lanes at the Concession Road 3/Liberty Street intersections on Regional Road No. 57. The required improvements will be finalized following review of the revised Traffic Impact Study. · All required Regional road improvements are to be designed and constructed to Regional standards at 100% cost to the developer. 10.6 Central Lake Ontario Conservation Authority has offered no objection to the applications and subject to conditions of draft approval. In addition to the standard to conditions, the Authority has requested detailed plans and reports to demonstrate how the development will proceed within respect to the recommendations in the Hydrogeologic Report, prepared by Geo-Logic, and the Environmental Impact Study and Tree Preservation Plan prepared by Niblett Environmental Associates. 10.7 The Kawartha Pine Ridge District School Board offered no objection provided an appropriate agreement be made for the future acquisition of the school site, being Block 951. The agreement shall, among other matters, provide for the leveling, rough grading and seeding of Block 951, the provision of all municipal services to the site, and the installation of a 1.8 metre high chain link fence on the perimeter of Block 951 where it abuts proposed or existing residential lands, to the satisfaction of the Kawartha Pine Ridge District School Board. 10.8 Bell Canada has determined that a telecommunication facility easement will be required to service the subject lands. As such, the draft plan of subdivision should be revised to reflect a 10m x 10m easement. 11.0 STAFF COMMENTS 11.1 Baysong Developments Inc., 2084165 Ontario Ltd, and Kirk and Douglas Kemp own the three properties subject to these applications, equal to approximately 40% of the lands within the Northglen Neighbourhood. These landowners have submitted one joint rezoning application and one joint application for Draft Plan of Subdivision. 1712 REPORT NO.: PSD-041-08 PAGE 13 11.2 Public Submissions In response to the public submissions as they are related to Northglen West, the following information is provided. Traffic Issues Traffic reports in support of this application have been submitted to the Municipality of Clarington and the Region of Durham Works Department. The reports assess the impact of this development on local and regional roads in Bowmanville and determine what improvements are required to support this new neighbourhood, now and over time. Both agencies are satisfied that the road network and proposed improvements can adequately accommodate the traffic generated from this development. The Regional Works Department plans for the expansion of, and improvements to, the regional road network to need anticipated growth. Deleting School Sites One public elementary school symbol and one public secondary school symbol were deleted from the Northglen Neighbourhood through Amendment No. 59. The Kawartha Pine Ridge District School Board deemed that only one public elementary school site was necessary to serve the students in this neighbourhood. Both school boards are satisfied that the students generated from the development can adequately be accommodated in existing and future schools. Staff cannot provide comment on the board's policies regarding bussing of students. Increase levels of noise and crime The Northglen Neighbourhood is located within the urban area boundary of Bowmanville and adjacent residents who enjoy a rural type lifestyle will experience changes as development proceeds in this neighbourhood. Staff cannot provide comment with respect to increased crime. Balanced Growth The Official Plan sets targets for balanced growth at non-residential to residential assessment ratio of 25:75 to be achieved by 2016 and 1 job for 3 residents to also to be achieved by 2016. Certainly with growth in retail sectors of our community and new initiatives such as the Energy Business Park, the municipality is attempting to provide opportunities to achieve an increase in non- residential assessment and jobs for residents. 11.3 PhasinQ of Development 11.3.1 Development of the Northglen Neighbourhood does not align with the Municipality's infrastructure financing and timing assumptions as contained in the Development Charges Background Study 2005. This study anticipated development of portions of the neighbourhood not to occur until 2015 or beyond. Works that are required for this development to proceed include the following: 1713 REPORT NO.: PSD-041-08 PAGE 14 i) Reconstruction of Concession Road 3; ii) Reconstruction of Middle Road from Concession Road 3 to the north limit of the urban area boundary; iii) Installation of street lighting and sidewalks on Concession Road 3; iv) Installation of street lighting and sidewalks on Middle Road; v) storm sewer and full urbanization of Scugog Street south of Concession Road 3; vi) Neighbourhood park and parkette development; and vii) Illumination of Regional Road 57 along the entire frontage of the Plan of Subdivision fronting onto Regional Road 57. The Municipality of Clarington undertook a Financial Impact Study for this development along with four others in Bowmanville and Newcastle Village. A report on that study was presented to Committee and Council in February 2008. In consideration of the recommendations proposed through the Financial Impact Study. The Northglen Landowners Group presented a proposal to contribute to the construction of some infrastructure works to address the impact of allowing the plan of subdivision to proceed at this time. Staff have met with the Landowners Group to determine which works are required and the timing of those works, based on a phasing plan to be approved by the Directors of Engineering Services, Planning Services and Finance. As a condition of draft approval, staff are requiring that the park (Block 952) be included within the limits of the registration of Phase 1 and be constructed 100% at the expense of the Owners. The Owners shall also be 100% responsible for the preparation of a detailed park concept plan, park construction drawings and specifications all to be approved by the Director of Engineering Services. The park shall be commenced upon issuance of the 151s1 building permit in Phase 1. 11.3.2 The developers will be 100% responsible for the cost to construct in conjunction with Phase 1 the following interim works as directed by and to the satisfaction of the Director of Engineering Services: i) asphalt overlay on Concession Road 3 from Regional Road No. 57 to Middle Road, including where required, left turn lanes; ii) intersection illumination of Concession Road 3 at Street 'A'; iii) intersection illumination of Regional Road 57 at Street 'B'; iv) provision for pedestrian access on Concession Road 3; v) any costs associated with left turn lanes on Concession Road 3 if required through an approved traffic control study which analyzes the need to left turn lanes at each intersection on Concession Road 3; and vi) construction of the Neighbourhood Park as detailed below. The phasing of this draft plan will be restricted by the number of external accesses that are available and the external and internal capital works which have been approved by Municipal Council. 1714 REPORT NO.: PSD-041-08 PAGE 15 The Owner is responsible for 100% of the cost of any oversizing of Municipal infrastructure deemed necessary to service the development to the satisfaction and at the request of the Director of Engineering Services. The Owner shall construct the neighbourhood park (Block 952) in its entirety as detailed in a park concept plan, park construction drawings and specifications all to be approved by the Director of Engineering Services. The park shall be commenced upon issuance of the 1515t building permit in Phase 1 and shall be completed before the 200th building permit. Development of the parkette (Block 953) shall be developed in accordance with the Municipality's current practices as defined through the Development Charges By-law as amended from time to time. 11.4 Abe's Auto Wreckers The Abe's Auto Wreckers facility is currently located north of Concession Road 3 and west of Middle Road and is surrounded on three sides by the proposed plan of subdivision. The land use compatibility between the auto facility and the surrounding proposed residential development has been evaluated in accordance to the Ministry of Environment Land Use Compatibility Guideline. The auto dismantling facility requires a minimum distance separation of 70 m from the property line to any sensitive land use. Therefore all proposed residential lots and sensitive land uses, within 70 m of the limit of the auto dismantling facility lands shall not be developed until the operation has ceased and is removed from the neighbourhood. The required site remediation and an RSC would then be required prior to any of the restricted lots being released for development. These lands have been zoned with Holding symbol only to be removed at such time as the auto dismantling use has ceased, a RSC is filed with Ministry of Environment and an appropriate site grading plan is approved by the Director of Engineering that shows the transition of grades between the draft approved lands undeveloped auto wrecker lands. 11.5 Developer's Issues As noted in Section 3.5 of this report, PSD -036-08 was referred back to staff, to allow for further discussion between the Owners and staff on Conditions of Draft Approval and the proposed Zoning By-law amendment. Two meetings were held. The following issues were raised. . Seeding versus sodding the park; . Acquisition of lands for a sight triangle to accommodate Street "B"; . Fencing requirements; . Extension of time before the lapsing Draft Approval from three years to six years; . Altering lot frontages on Street "P" as a redline revision; . 70 m setback from the property line of Age's Auto Wreckers; 1715 REPORT NO.: PSD-041-08 PAGE 16 . Melding Street Townhouse blocks on Street "F" into the Mix Use block (block 925) as a red line revision; . Freezing of Street Townhouse blocks on Street "J" until the Stormwater Management Pond is constructed; . Access to Open Space Block 954; and . Zoning By-law Amendment for 11.0 metre single detached dwelling. A majority of the smaller issues were resolved at the initial meeting, while the more significant issues required further consideration. The following provides a summary of the more controversial issues. The Conditions of Draft Approval have been amended and the Owners have concurred with all the changes. 11.5.1 Issues with the Conditions of Draft Approval Redline Revisions Staff recommended two redline revisions to the draft plan. · Staff had initially revised the plan by changing the lot frontage on 7 lots situated on Street "P" from 10.0 metres to 12.0 metres to accommodate appropriate driveway widths. Experience has shown that there are problems with driveways of small lot singles on the outside of a 90 degree curve. Based on discussions with the Owners, the revision is no longer required since the companion Zoning By-law amendment specifies a maximum driveway width of 4.6 metres. If homeowners do not widen their driveways, there won't be conflicting vehicular movements. · Blocks 905 to 908 (22 street townhouses) situated in Block 925 (mixed use block) be melded together to allow for flexibility in the design of various medium/ high residential components as well as the commercial uses in Block 925. The Owners did suggest that the design of the townhouses could be delayed however wished to proceed with the construction of Street F, and servicing of the townhouse blocks. Staff are of the opinion that servicing of units will predetermine the form of development in this entire block and as such are recommending that this redline revision remain. The redline revision to the plan remains applicable and the Owners have now accepted this condition. Stormwater Management Pond . Provision is being made for a stormwater management pond within Block 925, that can be more of an amenity feature although it does not have a natural shape. To this end, staff have had concerns that there is a sufficient area to provide for appropriate slopes, in the absence of a grading plan and finalized design. Initially, the Conditions of Draft Approval specified that Blocks 898 to 901 are "frozen" and cannot develop until a site plan approval had been issued by the 1716 REPORT NO.: PSD-041-08 PAGE 17 Directors of Engineering Services and Planning Services. The Owners requested that the condition be revised and the Blocks remain frozen until the detailed engineering for the pond have been completed and approved by the Municipality. Staff have agreed to the proposed change. 70 metre setback to Abe's Auto Wreckers The applicants are concerned that 10m setback from the property limits of the auto wrecker will freeze lots on both sides of Street lA' and 'F' until the auto wrecker use ceases. This issue was reviewed with the Region of Durham who requested the condition. However, at this time sufficient information to amend the separation has not been provided. The condition remains unchanged. Access to Block 954 Block 954 is a 0.094 hectare Open Space Block at the north end of the Draft Plan. These lands, and lands to the north which are outside the limits of the draft plan, were identified as having environmental sensitive features in the Environmental Impact Study and recommended to be in public ownership. Block 954 does not have access to a public road and therefore it is difficult for the Municipality to maintain. Staff have recommended that a building permit not be issued for Lot 588 until Block 954 can be accessed by public road allowance, and until said time, an easement is granted to the Municipality for maintenance. The Owners disagreed, recommending a 3.0 access easement over the lot and placing a clause in the purchase and sale agreement advising the purchaser of the 3.0 metre wide access easement on the lot. Although an easement will allow construction of a home on Lot 588, homeowners often place accessory buildings, pools, fences and gardens on the easements, making access for maintenance difficult if not impossible. The condition has not been revised and the Owners have agreed to it. Seeding Versus Sodding of the Neighbourhood Park The Owners have requested the ability to seed areas of the park as opposed to sodding. The Manager of Parks Development reviewed this request and will accept seeding in some areas. However, the park maintenance will remain the developers responsibility for a longer period until the seed is fully established. The condition has been revised to allow for either seeding or sodding to the satisfaction of the Director of Engineering Services. 11.5.2 Issues with the Zoning By-law Amendment 11.0 m Single Detached Dwellings The Zoning By-law amendment allows for single detached dwellings with 11.0 metre frontages. The by-law states that the outside width of the garage shall only be 40% of the width of the house, which means this product only allows a home with a single car garage. The Owners are requesting that this provision be removed to allow for a two car garage. Staff were not in agreement, and are of the opinion that a two car garage on a smaller house not only dominates the front of the house, 1717 REPORT NO.: PSD-041-08 PAGE 18 but where there are many such lots abutting and then facing each other, the garages would dominate the streetscape. The zoning requirement has not changed. Setback for 12.0 m Single Detached Dwellings The Zoning By-law attached to this report which was referred back to Staff contained an error with respect to the required interior side yard setback for dwellings on 12.0m lots. The setback allowed 1.2 m on one side and 0.6 m on the other side. The by-law attached to the report revises this to 1.2 m setback on both sides. The Owners have a concern with this. Staff believe that the larger lots should provide for a little more separation between units, as opposed to the 10m and 11 m lot which allow 0.6m setbacks on one side. 11.6 Mixed Use Commercial Block Baysong Developments Inc. is proposing a mixed use commercial block in the southwest corner of the subject lands. The lands are designated as a Neighbourhood Centre which permits a maximum retail floorspace of 5000 square metres and Medium and High Density residential uses are also designated. The applicant has provided a conceptual plan which includes medium and high density uses and retail f1oorspace, a stormwater management pond and a parkette. The amount of retail floorspace and the proposed number of residential units are not identified on the conceptual plan. Zoning for this block will not be amended at this time, rather the appropriate zoning for this block will be considered at such time an application for site plan approval has been submitted. 11.7 Tax Status The Finance Department advises that the taxes for the subject properties have been paid in full. 12.0 RECOMMENDATIONS 12.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Region and Clarington Official Plan and Zoning By-law. The Owner has concurred with the revised Conditions of Draft Approval as contained in Attachment 3. In consideration of the comments contained in this report, Staff respectfully recommend the proposed draft plan of subdivision as red-line revised and contained in Attachment 2 be APPROVED subject to the Conditions of Draft Approval as contained in Attachment 3 and that the rezoning as contained in Attachment 4 be APPROVED. 1718 REPORT NO.: PSD-041-08 PAGE 19 Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Draft Plan of Subdivision Attachment 3 - Conditions of Draft Approval Attachment 4 - Zoning By-law Amendment Attachment 5 - By-law Authorizing Subdivision Agreement List of interested parties to be advised of Council's decision: Dave and Janet Passant Rick and Donna McCreary Mike and Caroline Dodds Peter and Heather Abramczuk Gord and Rosemary Baker Grant Martin George and Cheryl Strilchuk Dominick and Angela Forsellino Kurt and Sylvia Graichen Ardyth Korte Sernas Associates Reverend Gordon Belyea Florence Cinquemani Mike Dome Cindy Craig Murdoch Hielka Holkema Glenn Genge Wendy Busuttil Hannu Halminen Baysong Developments Inc Kirk & Douglas Kemp Bob and Patsy Carruthers Kevin Tunney Rick James Ron & Ann Reitsma Tammie McGann 1719 _ -- -----. --......... 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( ~ ----':::", / I // // I "" I 1 1,1 ~ 1721 Attachment 3 To Report PSD-041-08 CONDITIONS OF DRAFT APPROVAL S-C-2007-0004 (Northglen West) Date April 14, 2008 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2007 -0004 prepared by Tunney Planning Inc. identified as Project Number TUN 549-1, original submission dated February, 2006, and as revised in February 2008, and further red lined, which illustrates 1300 residential units consisting of 855 single detached dwellings, 52 semi detached units, 203 street townhouse units, 86 block townhouse units, a mixed use block containing 126 residential units, commercial floorspace, stormwater management pond, and blocks for a public elementary school, a park and a parkette, road widenings, 0.3 metre reserves, landscape strips, and open space. The red-line revisions shall include: i) melding Blocks 905 to 908 inclusive with Block 925. FINAL PLAN REQUIREMENTS 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. The Owner shall convey a 5.00 metre road widening (Blocks 982 and 988), across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Concession Road 3. 5. The Owner shall convey a 3.00 metre road widening (Blocks 983, 984 & 985), across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Middle Road. 6. The Owner shall convey a 14.0 metre x 14.0 metre sight triangle at the corners of Concession Road 3 and Middle Road to the Municipality of Clarington. 7. The Owner shall convey 14.0 metre X 7.0 metre sight triangles at all intersections where arterial roads (Concession Road 3 and Middle Road) intersect with local and collector roads. 8. The Owner shall convey Block 987 to the Region of Durham for purposes of road widening on Regional Road 57. 1722 9. The Owner shall convey a 15.0 metre x 15.0 metre sight triangle at the corners of Concession Road 3 and Regional Road 57 to the Region of Durham. 10. The Owner shall convey a 15.0 metre x 10.0 metre sight triangle at the corners of Regional Road 57 and Street "B" and Regional Road 57 and Street "C" to the Region of Durham. 11. The Owner shall convey a 4.0 metre landscape strip (Blocks 958 and 959) across the frontage of the Concession Road 3, and a 3.2 metre landscape strip (Blocks, 955, 956 and 957) across the frontage of Regional Road 57, to the Municipality of Clarington for the purposes of landscaped treatments. 12. The Owner shall terminate any dead ends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 13. The Owner shall convey the 0.3 metre reserve shown as Blocks 960 to 968 and 973 to 981, inclusive, on the draft plan to the Municipality of Clarington. 14. The Owner shall dedicate Block 954 on the draft plan to the Municipality of Clarington for Open Space in accordance with the Municipality of Clarington Official Plan. 15. That all land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. 16. That all land dedications, easements, sight triangles and reserves as required by the Region of Durham for this development must be granted to the Region free and clear of all encumbrances and in a form satisfactory to the Region's Solicitor. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 17. The subdivision shall be developed in phases by more than one registration. The Owner shall submit plans showing the proposed phasing to the Directors of Engineering Services, Planning Services and Finance for approval. Block 952, Park Block, shall be included within the limits of the registration of Phase 1. Furthermore, the Owner agrees to incorporate Block 951, Public Elementary School Block, including adequate frontage for appropriate access, should the Kawartha Pine Ridge District School Board, deem that the block is necessary prior to registration of the phase in which these lands are situated. A copy of the approved Phasing Plan shall be provided to the Region of Durham Works Department 1723 18. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 19. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 20. The owner shall implement a rear yard planting program for all lots in accordance with the guidelines to be established or terms approved by the Municipality. 21. The Owner shall submit a detailed Tree Preservation Plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. 22. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 23. Prior to the development of any phase which accesses Concession Road 3, the Owner shall complete a Traffic Control Study, which analyzes the need for left turn lanes at each intersection on Concession Road 3 and recommend how left turn lanes would be constructed. Any works deemed necessary by the Director of Engineering Services shall be undertaken at 100% cost to the Owner. 24. The Owner shall prepare an Internal Traffic Impact Study to assess the traffic movements with the Plan of Subdivision and identify areas where traffic calming may be required. The study shall recommend the appropriate measures to be used, such as textured asphalt, bump outs or landscaping measures. This study shall be prepared to the satisfaction of the Director of Engineering Services and Director of Planning Services. 25. The Owner shall prepare an Environmental Sustainability Plan for approval by the Director of Planning Services and the Director of Engineering Services. The Plan shall be consistent with the recommendations of the Environmental Sustainability Plan prepared by the Owner for Plan of Subdivision S-C-2007 -0005. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan S-C-2007 -0004, will ensure the protection, conservation and enhancement of air, water, and ecological features and functions, energy and other resources and heritage resources. As a minimum, the report shall address; i) Energy conservation measures for new homes, such as the construction and operation of new residential building to a minimum rating of 80 or more in accordance with Natural Resources Canada "EnerGuide for New Houses" or equivalent certification system; 1724 ii) Water conservation measures for new homes such as the Water Sense program or equivalent program; iii) Use of environmentally friendly materials or finishes in the dwellings; and iv) The preparation of a community education hand-book on the environmentally sensitive areas in the neighbourhood. 26. The Owner shall prepare a Community Theme and Urban Design Implementation Plan, to the satisfaction of the Director of Planning Services and Director of Engineering Services. This Plan shall confirm and control intended pattern of development in the Northglen Neighbourhood. This plan shall be consistent with the approved plan prepared by the Owner of the Plan of Subdivision S-C-2007 -0005. The Plan shall include the proposed network of roads, transit, pedestrian and bicycle routes, the location of specific features, sites and residential lots within the neighbourhood such as corner lots, and T- intersections that require specific lot and building placement, orientation and architectural features, design concepts for community theming include gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space butters. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 27. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement. 28. The Owner agrees to prepare a phasing plan that will be subject to the approval of the Director of Engineering Services and Director of Planning Services.. 29. The phasing of this draft plan will be restricted by the number of external accesses that are available and the external capital works which have been approved by Municipal Council. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permits in any single phase of the development will be at the discretion of the Director of Engineering Services. 30. The Owner agrees to construct in conjunction with Phase 1 the following interim works at 100% Owners cost as directed by and to the satisfaction of the Director of Engineering Services; i) interim road improvements on Concession Road 3, including but not limited to, left turn lanes where required and asphalt overlay from Regional Road 57 to Middle Road; ii) intersection illumination at Street "A", and Concession Road 3; iii) provision for pedestrian access on Concession Road 3; 1725 iv) intersection illumination at Regional Road 57 and Concession Road 3; and v) intersection illumination at Regional Road 57 and Street "B". 31. The Owner acknowledges that portions of this draft plan of subdivision are premature relative to the Municipality's capital budget and four year forecast. Development cannot proceed until such time as the Municipality has approved the expenditure of funds for the provision of the certain works for this draft plan or external works or services in its capital budget and which have been included in the Municipality's Development Charges By-law and deemed necessary by the Director of Engineering Services and Director of Finance, to service this development. These include but are not limited to: i) Reconstruction of Concession Road 3 from Regional Road 57 to Middle Road to a full urban section, including curb, gutter, storm sewer, granular base and asphalt base and service course; ii) Reconstruction of Middle Road from Concession Road 3 to the urban area boundary to a full urban section, including curb, gutter, storm sewer, granular base and asphalt base and service course; iii) Installation of street lighting and sidewalks on Concession Road 3; iv) Installation of street lighting and sidewalks on Middle Road; v) Storm sewer on Scugog Street south of Concession Road 3 to Bons Avenue and urbanization of Scugog Street south, to the north limit of the existing urbanization, to a full urban section, including curb, gutter, storm sewer, granular base and asphalt base and service course; vi) park development; and vii) illumination of Regional Road 57 along the entire frontage of the Plan of Subdivision fronting onto Regional Road 57. 32. Should the Owner wish to proceed in advance of the approval by the Council of the Municipality of Clarington, for the expenditures for the any works required by the Director of Engineering Services to facilitate development, the Owner shall pay 100% of the cost of all required works, to the satisfaction of the Director of Engineering Services and Director of Finance. 33. The Owner is responsible for 100% of the cost of any oversizing of municipal infrastructure deemed necessary to service the development to the satisfaction and at the request of the Director of Engineering Services. Oversizing includes but is not limited to: · Left turn lanes on Concession Road 3; · Storm sewer oversizing on Concession Road 3 and Middle Road; and · Increased depth of storm sewer invert on Concession Road 3 and Middle Road. The Owner will be required to provide securities in the amount of 100% of the cost of oversizing based on the construction cost estimate. The securities must 1726 be submitted in a form satisfactory to the Director of Finance and Director of Engineering Services prior to registration of the first phase. The difference, if applicable, between the cost estimate and the as-built cost of the oversizing will be 100% the responsibility of the Owner. 34. The Owner shall convey Blocks 952 and 953 to the Municipality of Clarington for park or other public recreational purposes. The Owner further agrees that the dedication of parkland for the subject application will be considered together with the parkland dedication requirement for the application for Draft Plan of Subdivision S-C-2007 -0005. The Owners of the two Draft Plans of Subdivision shall enter into a private cost sharing agreement for the total parkland dedication requirements in order to address any over and/or under dedication related to the individual Draft Plans of Subdivision applications. 35. The Owner is 100% responsible to construct the park (Block 952) in its entirety. The owner shall retain a qualified Landscape Architect to undertake the preparation of a detailed park concept plan, followed by the preparation of park construction drawings and specifications all to be approved by the Director of Engineering Services. The park construction drawings shall clearly indicate all park grading, equipment and facilities. Park facilities to be included in Block 952 shall include, but not be limited to; . Water play area with rubberized surface. . tra ditional playground with equipment suitable for junior and senior age children . hard surface play court (i.e. basketball, ball hockey) . shade structure . park furniture such as benches, picnic tables, waste containers, bike racks as appropriate . paved walkways connecting various park features to surrounding streets . walkway lighting . tree and shrub planting as appropriate . park sign . one unlit sports field . park entirely sodded as seeded to the satisfaction of the Director of Engineering In addition, should Block 951 not be required by the Kawartha Pine Ridge District School Board for public elementary school, the Owner will be required to construct a paved parking lot for 25-30 cars in the Block 952. 36. For the purpose of Block 953 parkland development, the local service as defined in the Development Charges By-law as amended from time to time, includes the requirement for the Owner to undertake the preparation of a detailed park concept plan including proposed grading to demonstrate that the proposed park size, configuration and topography will allow for the construction of park facilities to the satisfaction of the Municipality. In addition the Owner is required to provide 1727 the park site graded in accordance with the park concept plan including storm water servicing. The park site must be fenced and seeded with a minimum cover of 200mm of topsoil. 37. The owner agrees to commence construction of the park Block 952 at the issuance of 151 st building permit. The Owner agrees to complete the park construction in accordance with the approved construction drawings and specifications prior to the issuance of the 200th building permit. 38. The Owner agrees that the development of Blocks 925, save and except the installation of the Stormwater Management Pond, cannot proceed until such time as the developer has entered into a Site Plan Agreement with the Municipality of Clarington for the development of this Block. In addition, development of Blocks 898, 899, 900, 901, cannot proceed until such time as engineering drawings and specifications for the stormwater management pond as contained in Block 925 have been submitted and demonstrate that these lands are not required for the pond and approved by Director of Engineering Services, 39. The Owner agrees that development of Block 923 cannot proceed until such time as the lands to the south identified as assessment role number 18-19-010- 80-05500 have melded with Block 923 and the applicant has entered into a Site Plan Agreement with the Municipality of Clarington. 40. Until such time the lands adjacent to Block 954 Open Space Block on the draft plan are in municipal ownership and having access to a public road allowance, a building permit for Lot 588 shall not be available. Until said time, an easement over Lot 588 for maintenance of Block 954 shall be provided to the Municipality. 41. All lots which do not have frontage on a completed section of roadway will be placed on hold with no building permits issued until such time as these roads have been constructed. Alternatively, a temporary turning circle can be provided with suitable easements for snow storage. Lots situated at the end of these roads will remain frozen until such time as the roads are extended and constructed to a finished urban profile including Regional services, asphalt paving, curbs and gutter, sodded boulevard and sidewalk. Release of building permits for designated 'frozen lots" will be determined by the Director of Engineering Services. 42. The Owner shall be 100% responsible for the costs of installing fencing in the location specified in accordance with Municipal specifications standards and policies, to the satisfaction of the Director of Engineering Services. 43. Prior to registration of any portion of the subject draft plan the owner must demonstrate how perpetual maintenance of any blocks identified as "Part Lots or Blocks" will be undertaken. All part lots will be pre-serviced with water, sanitary and storm sewers. 1728 44. The Owner agrees that Street "B" cannot be constructed beyond Streets "I" and "H" until such time as sufficient lands on the north side of Street "B" identified as assessment roll number18-19-010-080-05500, have been acquired to accommodate the appropriately sized site triangle and are dedicated to the Municipality of Clarington. In addition, a Grading Plan including sections, shall be submitted which demonstrates that the construction of Street "B" will not adversely affect the adjacent lands to the north. 45. The Owner shall be 100% responsible for the costs of landscaping the Landscape Strip (Blocks 958, 959, 955, 956 and 957) in keeping with the approved Landscape Plan. 46. The Owners shall be 100% responsible for the cost of preparing Architectural Design Guidelines specific to this development, as well as 100% of the cost for the control architect to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 47. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time as the architectural control guidelines and the exterior architectural design of each building has been approved by the Control Architect and the Director of Planning Services. 48. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 49. That the Owner shall retain a Professional Engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 50. All works shall be constructed in accordance with the Municipality of Clarington standards. 51. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 52. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 53. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Engineering Services to demonstrate 1729 that the proposed development will not adversely impact the existing wells in the surrounding areas. 54. The Owner agrees that where the well or private water supply of any person is interfered with as a result of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 55. Prior to final approval, the Regional Municipality of Durham shall be satisfied that any wells on the property have been decommissioned in accordance with applicable Ministry of Environment standards. 56. That the Owner shall provide the Municipality, unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 57. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the Owner. 58. The Owner agrees that all lots and sensitive land uses within 70 metres of the limits of Abe's Auto Wreckers identified as assessment roll number 18-19-010- 080-05900 can not be developed until such time the auto wrecker use has ceased and all automobiles and parts are removed from the property. The lands within 70 metres will be zoned with a Holding (H) symbol. This symbol may only be removed under the following conditions: i) a satisfactory Record of Site Condition (RSC) is submitted to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE) for approval. This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. ii) a Lot Grading Plan and Drainage Plan has been submitted and approved by the Director of Engineering Services; and iii) application for rezoning is submitted and approved by the Municipality of Clarington, in keeping with policies of the Clarington Official Plan and Zoning By-law. 59. Prior to final approval, the proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Culture, an archaeological assessment of the entire property, and mitigate through preservation or resource 1730 removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 60. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit to, and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: i) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. [The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Master Plan]; ii) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; iii) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and iv) on-site groundwater conditions and contributions to the baseflow of Creek, and necessary measures to maintain these contributions. 61. Prior to anyon-site grading and/or construction, the Owner shall submit for review and approval, detailed plans and any associated reports, of the proposed frog pond/wetland to be constructed within Block 301 of the Plan of Subdivision S-C- 2007-0005. This feature shall be constructed prior to the elimination of the existing pond/wetland feature located within the subject plan of subdivision in compliance with the Environmental Impact Study report by NEA dated April 2007. 62. The Owner shall submit for review and approval phased grading plans as well as proposed cut and fill drawings/plans for the subject site. 63. The Owner shall submit appropriate detailed drawings and reports which indicate how development of the site meets the conclusions and recommendations outlined in Section 6.0 of the Hydrogeologic Investigation Report, as prepared by Geo- Logic, dated May 2005. 64. The Owner shall submit appropriate detailed drawings and reports which identify and indicate how development of the site meets the recommendations of the Environmental Impact Study, prepared by Niblett Environmental Associates, dated 1731 April 2007 as well as the Tree Preservation Plan, prepared by Niblett Environmental Associates, dated April 2007. 65. The Owner shall satisfy all financial requirements of the Central lake Ontario Conservation Authority. This shall include application processing fees and technical review fees as per the Approved Authority Fee Schedule. 66. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: i) the Owner agrees to carry out the works to the satisfaction of the Central lake Ontario Conservation Authority. ii) the Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner acceptable to the Central lake Ontario Conservation Authority. iii) the Owner agrees to advise the Central lake Ontario Conservation Authority, 48 hours prior to the commencement of grading or the initiation of anyon-site works. 67. The Owner agrees to furnish to the Central lake Ontario Conservation Authority, a copy of the fully executed subdivision agreement with the Municipality 68. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District School Board which provides for the future acquisition of the school site, as shown as Block 951 on the draft plan, to the satisfaction of the School Board. The agreement shall, among other matters, provide for the leveling, rough grading and seeding of Block 951, the provision of all municipal services to the site, and the installation of a 1.8 metre high chain link fence on the perimeter of Block 951 where it abuts proposed or existing residential lands, to the satisfaction of the Kawartha Pine Ridge District School Board. 69. The Owner shall submit to the Municipality of Clarington and Regional Municipality of Durham, for review and approval, an updated noise report, based on the preliminary Noise Impact Study, prepared by Sernas Associates, Project no. 88239G. The study shall be based on projected traffic volumes provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 1732 70. The Owner is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 71. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution. 72. All of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required. 73. The Owner is hereby advised that prior to commencing any work within the Plan, the Owner must confirm that sufficient wire-line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for connection to and/or extension of the existing communication/telecommunication infrastructure. If the Owner elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Owner shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of the communication/telecommunication services for emergency management services (Le., 911 Emergency Services). 74. The Owner shall agree in words satisfactory to Bell Canada to grant Bell Canada any easements that may be required for telecommunications services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell facilities or easement the owner/developer shall be responsible for the relocation of such facilities or easements 75. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 76. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. 1733 77. The Owner shall provide a $20,000 contribution for the future maintenance of the storm water management pond to be constructed in Block 925. 78. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 79. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: i) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act. ii) The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Conservation Authority. iii) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: iv) "Students from this area may have to attend existing schools. Although a school site has been reserved within this plan of subdivision; a school may not be built for some time, if at all, and then only if the Ministry of Education authorizes funding and construction of this required school." v) Owner agrees to implement those noise control measures recommended in the Noise Report. 80. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: i) Regional Municipality of Durham, how Conditions 3,8,9, 10, 17,22,55,58, 69,75 and 787 have been satisfied; ii) Central Lake Ontario Conservation, how Conditions 60,61,62,63, 64, 65, 66 and 67 have been satisfied; iii) Kawatha Pine Ridge District School Board how Condition 68 has been satisfied; iv) Enbridge Gas Distribution Inc., how Conditions 71, and 72 have been satisfied; v) Bell Canada, how Conditions 73 and 74 have been satisfied; and vi) Ministry of Culture, how Condition 59 has been satisfied. 1734 NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within [c11]six years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. The Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, UH 3T3 (905) 579-0411. ii) Kawatha Pine Ridge District School Board, Peterborough Ontario K9J 7M3 iii) Regional Municipality of Durham, 605 Rossland Road East, 4th Floor Whitby Ontario UN 6A3 iv) Enbridge Gas Distribution Inc. 500 Consumers Road, North York, Ontario, M2J 1 P8 v) Bell Canada, Development and Municipal Services Control Centre, Floor 5,100 Borough Drive, Scarborough Ontario M1P 4W2 vi) The Ministry of Culture, Culture Programs Unit, 400 University Avenue, 4th Floor Toronto, Ontario M7A 2R9. 1735 Attachment 4 To Report PSD-041-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2007-0015; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 12.2 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R1) ZONE" is hereby amended by adding new Special Exceptions as follows: "SECTION 12.4.70 URBAN RESIDENTIAL EXCEPTION (R1-70) ZONE Notwithstanding Sections 12.1 a); 12.2 a); b); c); d) i, ii), iii); f); h); and i) ii) those lands zoned R1-70 on the Schedules to this By-law shall only be used for single detached dwellings, subject to the following regulations: a) Lot Area (minimum) i) Interior 450 square metres b) Frontage (minimum) i) Interior ii) Exterior 15.0 metres 18.0 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to front wall; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to front wall; 2.0 metres to porch iii) Interior Side Yard 1 .2 metres with private garage or carport; Without private garage or carport 1.2 metres on one side, 3.0 metres on the other d) Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Total of Buildings and Structures 50 percent 55 percent ii) All other residential units a) Dwelling b) Total of all buildings and structures 40 percent 45 percent 1736 e) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres f) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall SECTION 12.4.72 URBAN RESIDENTIAL EXCEPTION (R1-72)lONE Notwithstanding Section 12.1 a); 12.2 a); b); c); d) i, ii), iii); f) and i) those lands zoned R1-72 on the Schedules to this By-law shall only be used for a semi- detached dwelling, subject to the following regulations: a) For the purposes of this Section, the term "Dwelling, Semi-Detached" means a building separated vertically into two separate dwelling units, connected by a common wall, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. b) Lot Area (minimum) i) Interior 540 square metres c) Lot Frontage (minimum) i) Interior ii) Exterior 18.0 metres 21.0 metres d) Yard Requirements (minimum) i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard 1.2 metres with private garage or carport; Without private garage or carport 3.0 metres e) Lot Coverage (maximum) i) Dwelling ii) Total of Buildings and Structures 40 percent 45 percent f) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection." 1737 2. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R2) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 13.4.53 URBAN RESIDENTIAL EXCEPTION (R2-53) ZONE Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) those lands zoned R2-53 on the Schedules to this By-law shall be subject to the following regulations: a) Lot Area (minimum) 300 square metres b) Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot ;... 10 metres 13.0 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m on one side; 0.6 metres on the other side; Without private garage or 3.0 metres on one side 0.6 metres on the other side d) Lot Coverage (maximum) i) Dwelling ii) Total of all Buildings and Structures 40 percent 45 percent e) Driveway width (maximum) 4.6 metre f) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection. ii) The outside width of the garage shall be a maximum of 40% of the width of the house. g) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-53 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17 -010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R2-53. 1738 SECTION 13.4.54 URBAN RESIDENTIAL EXCEPTION (R2-54) ZONE Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e) and h) and those lands zoned R2-54 on Schedules to this By-law shall be subject to the following regulations: a) Lot Area (minimum) 330 square metres b) Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 11 metres 14 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m on one side; 0.6 metres on the other side; Without private garage or 3.0 metres on one side 0.6 metres on the other side d) Lot Coverage (maximum) i) Dwelling ii) Total of all Building and Structures 40 percent 45 percent e) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front walls or exterior side wall or covered porch projection. ii) The outside width of the garage shall be a maximum of 40% of the width of the house. f) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-54 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17-010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R2-54. SECTION 13.4.55 URBAN RESIDENTIAL EXCEPTION (R2-55) ZONE Notwithstanding 13.2 a); c) i), ii), iii), e); g); and h) those lands zoned R2-55 on the Schedules to this By-law shall be used subject to the following regulations: 1739 a) Lot Area (minimum) 360 square metres b) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m; Without private garage or 3.0 metres on one side 1.2 metres on the other side c) Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Total of Buildings and Structures 50 percent 55 percent ii) All other residential units a) Dwelling b) Total of all Building or Structures 40 percent 45 percent d) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall. e) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres f) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-55 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18- 17 -010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17-010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R2-5. SECTION 13.4.56 URBAN RESIDENTIAL EXCEPTION (R2-56) ZONE Notwithstanding Sections 13.2 a); b); c) i), ii), iii), e); g); and h) those lands zoned R2-56 on the Schedules to this By-law shall be subject to the following regulations: a) Lot Area (minimum) 405 square metres b) Lot Frontage (minimum) i) Interior Lot 13.5 metres 1740 ii) Exterior 16.5 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m; Without private garage or 3.0 metres on one side 1.2 metres on the other side d) Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Total of Buildings and Structures 50 percent 55 percent ii) All other residential units a) Dwelling b) Total of all Buildings and Structures 40 percent 45 percent e) Height (maximum) i) 1 Storey dwelling ii) All other residential units 8.5 metres 10.5 metres f) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall. g) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-56 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17-010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R2-56. SECTION 13.4.57 URBAN RESIDENTIAL EXCEPTION (R2-57) ZONE Notwithstanding Sections 13.2 a): b); c) i), ii), iii), e) and h) those lands zoned R2-57 on the Schedules to this By-law shall be subject to the following regulations: a) b) Lot Area (minimum) 275 square metres Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 1 0 metres 13.0 metres 1741 c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard With private garage or carport 1.2 m on one side; 0.6 metres on the other side; Without private garage or 3.0 metres on one side 0.6 metres on the other side d) Lot Coverage (maximum) i) Dwelling ii) Total of all Buildings and Structures 40 percent 45 percent e) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings front wall or exterior side wall or covered porch projection. ii) The outside width of the garage shall be a maximum of 40% of the width of the house. f) Driveway width (maximum) 4.6 metre g) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R2-57 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17 -010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17 -010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R2-57." 3. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R3) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 14.6.31 URBAN RESIDENTIAL EXCEPTION (R3-31) ZONE Notwithstanding Sections 3.16 i), iv); 14.1; 14.2; 14.3 a), b), c) i), ii), iii) 14.4 a), 14.4 b) 14.4 c) i), ii) iii); 14.4 g), and 14.4 h) those lands zoned R3-31 shall only be used for an apartment building, link townhouse dwellings, stacked townhouse dwellings, or street townhouse dwellings, subject to the following regulations: 1742 a) For the purposes of this Section, the term "Dwelling, Stacked Townhouse" Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. b) Street Townhouse dwelling yards shall be permitted as follows: i) Lot Area (minimum) 210 square metres ii) Lot Frontage (minimum) a) Interior Lot b) Exterior Lot 7.0 metres 11.0 metres iii) For the purposes of this zone, the lot line dividing the lot from Concession Road 3 shall be deemed the front lot line; iv) For the purposes of this zone, the lot line dividing the lot from Middle Road shall be deemed the exterior lot line; v) Front Yard a minimum width of 4.0 metres and a maximum width of 6.5 metres; vi) Interior Side Yard 1.2 metre, except (i) where a building has a common wall with a building on an adjacent lot located in the R3-31 zone, in which case no interior side yard is required, and (ii) where the lot line is also the boundary of a different zone, in which case an interior side yard of 4.5 metres wide is required; vii) Exterior Side Yard minimum width of 4.0 metres and a maximum width of 6.5 metres; viii) Rear Yard (minimum) 7.5 metres c) Link townhouse dwellings or stacked townhouse dwellings shall be permitted as follows: i) Density (maximum) 45 units per ha ii) Lot Area (minimum) 1.0 ha iii) For the purposes of this zone, the lot line dividing the lot from Concession Road 3 shall be deemed the front lot line; iv) For the purposes of this zone, the lot line dividing the lot from Middle Road shall be deemed the exterior lot line; v) Front Yard a minimum width of 4.5 metres and a maximum width of 6.5 metres; vi) Interior Side Yard (minimum) 4.5 metres vii) Exterior Side Yard a minimum width of 4.5 metres and a maximum width of 6.5 metres; and viii) Rear Yard (minimum) 7.5 metres ix) Building Height (maximum) 1743 a) b) Link townhouse dwellings stacked townhouse dwellings 10.5 metres 12.0 metres x) no parking spaces shall be located in any yard between a dwelling and a lot line dividing the lot from an improved public street. d) The following stacked townhouse dwellings regulations shall be provided: i) Dwelling Unit Area (minimum) 85 square metres ii) Lot Coverage (maximum) 45 percent iii) Landscaped Open Space (minimum) 40 percent iv) Building Height (maximum) 12 metres e) Apartment building shall be permitted as follows: i) Density (maximum) 45 units per ha ii) Lot Area (minimum) 1.0 ha iii) For the purposes of this zone, the lot line dividing the lot from Concession Road 3 shall be deemed the front lot line; iv) For the purposes of this zone, the lot line dividing the lot from Middle Road shall be deemed the exterior lot line; v) Front Yard a minimum width of 4.5 metres and a maximum width of 7.5 metres vi) Exterior Side Yard a minimum width of 4.5 metres and a maximum width of7.5 metres vii) Interior Side Yard (minimum) 7.5 metres viii) Rear Yard (minimum) 7.5 metres ix) Dwelling Unit Area (minimum) a) Bachelor Dwelling Unit 40 square metres; b) One Bedroom Dwelling Unit 55 square metres; c) Two Bedroom Dwelling Unit 70 square metres; and d) Dwelling Unit Containing Three or more bedrooms 80 square metres plus 7 square metres for each bedroom in excess of three. x) Lot Coverage (maximum) 45 percent xi) Landscaped Open Space (minimum) 40 percent xii) Building Height (maximum) 12 metres xiii) no parking spaces shall be located in any yard between a dwelling and a lot line dividing the lot from an improved public street. f) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R-31 on Schedule 1 to this By- law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time: 1744 i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17 -010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17 -010-080-15900 has been removed from the property; and iii) a record of site condition has been submitted for said lands zoned (H)R3-31. "SECTION 14.6.32 URBAN RESIDENTIAL EXCEPTION (R3-32) ZONE Notwithstanding Sections 14.1; 14.2; 14.3 a), b), c); and 14.4 shall only be used for street townhouse dwellings, subject to the following regulations: a) Lot Area (minimum) 190 square metres b) Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 7.0 metres 11.0 metres c) Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard 1.2 metres; nil where a building has a common wall with any building on an adjacent located in a R3-32 zone d) In addition to the regulations of Section 3.11 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H) symbol from the lands zone (H)R3-32 on Schedule 1 to this By-law located within 70 metres of the boundary of lands identified by roll number 18-17-010-080-15900, at such time as: i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-15900 has ceased; ii) the vehicles and motor vehicles parts on the lands identified as 18- 17 -010-080-15900 has been removed from the property; and iii) a Record of Site Condition has been submitted for said lands zoned (H)R3-32. 5. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Urban Residential (R1) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R1-70) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R1-72) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-53) Zone" 1745 "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-54) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-55)Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R2-56) Zone" "Agricultural (A)" to "Holding - Urban Residential Exception ((H)R3-31) Zone" "Agricultural Exception (A-1)" to "Environmental Protection (EP)" "Agricultural Exception (A-1)" to "Urban Residential (R1) Zone" "Agricultural Exception (A-1)" to "Urban Residential Exception (R1-42) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1- 70) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R1- 72) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-53) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-54) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2- 55) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-56) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R2-57) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R3-31) Zone" "Agricultural Exception (A-1)" to "Holding - Urban Residential Exception ((H)R3-32) Zone" 6. Schedule "A" attached hereto shall form part of this By-law. 7. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2008 BY-LAW read a 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 1746 This is Schedule passed this II A" to of By-law 2008- ~""n A D .r;.UUU M. . ..I_y UCI , LOT lof CONceSSION .J LOT' .J CONceSSION .J r-------------, !I ,... It) o <( o cr: ~ <( :::I: cr: :J o 111:':':1:' :.:. 1.1.',1.1,1 .1,1 1,1,1,',1,1 11,1 1"11,',111111,1 1,1,1,',',1111,1 1,1.1,'.1.11,1,1 :::::::::H:::: 11111,111,1111.' 11111,',',1111,1 1,111,',',1111,1 1,',',1,',', Ii' 1,',',1,',11 '.' 1,',111, I, II' CONCESSION ROAD 3 - - - - - - 70m Buffer Jim Abemethy, Mayor DARLINGTON Patti L Barrie, Municipal Cieri< , o <C o cr: W ...J o o ~ "S" 1747 Schedule "An Zoning Legend ~ fd Zoning Change From IIAn To IIR111 k:::::::::::::::::::::::j Zoning Change FromlA" To I(H)R1-70" l1li Zoning Change From IIA" To II(H)R1-72" ~t)-^-0~ Zoning Change From IIA" To II(H)R2-53 B88881 Zoning Change From IIA" To "(H)R2-5411 ~ Zoning Change From IIA" To II(H)R2-5511 ~Zoning Change From "A" To II(H)R2-5611 II 1'1'11 ,I Zoning Change From IIAII To II(H)R3-31" II II I - - - 70m Buffer 1748 Attachment 5 To Report PSD-041-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2007 -0004 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C- 2007 -0004 .;;. WHEREAS the General Purpose and Administration Committee on April 14, 2008, authorized the Director of Planning Services to issue draft approval for Draft Plan of Subdivision S-C-2007 -0004 located in Part Lot 13, concession 3, former Township of Darlington and authorized the execution of a Subdivision Agreement with the Owner; AND WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2007-0004 desires to proceed to final plan approval and to enter into a Subdivision Agreement with the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an Agreement with the Owners of Plan of Subdivision S-C-2007 -0004 at such time as the Subdivision Agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services. 2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2008 BY-LAW read a 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 1749 q;gjl]gron MEMO TO: Mayor Abernethy and Members of Council FROM: Patti L. Barrie, Municipal Clerk DATE: April9,2008 RE: APPOINTMENTS: - SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE - ACCESSIBILITY ADVISORY COMMITTEE In response to a recent advertisement, the following individuals have submitted applications to fill the vacancy on each of the above noted committees: Shirley Minifie - Samuel Wilmot Nature Area Management Committee Slyvia Jaspers-Fayer - Accessibility Advisory Committee The application forms have been circulated confidentially under separate cover. R Patti L. Barrie. Municipal Clerk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-6506 1901 HANDOUTS 1 CIRCULATIONS FOR GP&A NOIl\f~3N39 H!MOdOIUVINO S! 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Join us in our first-ever organized, energized, super-sized bike ride from Niagara-on-the-Lake to the Quebec border. Travel the whole 680 km route over eight sensational days; or join in for one or two days for a ride you'll never forget! Every single day of this fully supported tour includes the WOW Factor - the Wonderful Ontario Waterfront along the shores of Lake Ontario and the St. Lawrence River. Discover vibrant communities and beautiful parks; experience delicious local food and entertainment; enjoy charming shops and unique local businesses. Sign up as a single, a family or a group. You can even arrange to divide the ride into a relay with each member of your group doing a different leg of the trip. Plan to be part of the First Annual Great Waterfront Trail Adventurel Whether you are an experienced cyclist, someone who rides once in a while or even someone who hasn't been on a bike for years--everyone is welcome to join us. We welcome kids to be a part of the adventure as well. ATTACHMENT NO.:1 REPORT NO.: EGD-020-08 . '."'UfJporl Fhe COl11l11uni lies l1wl Support lilt! liylil.'" COUNTDOWN 129 Days 116:26:26 ~ . ___ . .. ~ n . Our Partners... Each day will consist of 35-100km of riding at your own pace. You are encouraged to stop and admire your surroundings, explore the communities and discover the history you will find along the Trail, and to make friends. Families and groups are encouraged to participate and should consider the personal support vehicle option. °08RPR11 pr~11~49~56 Friday April 11, 2008 Ms. Patti Barrie Municipal Clerk Municipality of Clarington Dear Ms. Barrie, I would like to take this opportunity to respond to staff report CLD-015-08 GREEN COMMiJNITY ADVISORY COMMITTEE -SELECTION OF THE CHAIR. As a member of the Green Community Advisory Committee, I would like to draw your attention to concerns that I have regarding the selection of the chair. The selection of Mayor Jim Abernethy was cleazly orchestrated. On Tuesday September 18, 2007, prior to the first meeting to the Green Community Advisory Committee, I received a telephone call from Mayor Abernethy's Executive Assistant Linda Bruce. The purpose of this phone call was to request my support on a motion that was going to be put forward at that evening's inaugural meeting of the Green Community Advisory Committee meeting. The motion was the nomination of Jim Abernethy as chair of the committee. Ms. Bruce made at least one other call to a committee member. Suzanne McCrimmon confirmed receiving a similaz request to support the motion for Abernethy as chair. In all my experience volunteering community committees I have never seen this type of lobbying take place. At that evening's inaugural meeting, when Tim Abemethy's name was brought forward by committee member Elva Reid, I voiced my concerns about having a member of council as chair of this community advisory committee. I suggested that it is more appropriate that a community member of the committee sit as chair. At that time no other name was brought forwazd for consideration as chair. I believe this occurred for two reasons. First, given that it was the inaugural meeting, committee members did not have a cleaz idea of the level of work/amount of commitment that the position of chair would entail. The second, and more significant reason is that members of the committee were likely too intimidated to challenge the mayor of the municipality for this position. This intimidation factor is perhaps one of the reasons why there is a rule barring members of council from sitting as chairs of community advisory committees. At that first committee meeting I warned that selecting the mayor as chair of this community advisory committee would adversely affect the credibility and legitimacy of the committee amongst environmental advocates and the community at large. With Ms. Gasser's and other people's queries, it is clear that this is beginning to take place. This is a problem that could be e ' y remedied, if like all other advisory committees, the chair is not a member of council. ~ In the conclusion of staff report CLD-015-08 it is stated that "Given that neither the Green Community Advisory Committee nor Council has any concern with Mayor Abernethy sitting as Chair of the Committee, it is respectfully /re'c/om-mended that ~" "~-( .~ • ~t~'i~P ~ ~-