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HomeMy WebLinkAbout04/28/2008 • arm n Energizing Ontario GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: April 28, 2008 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) Minutes of a Regular Meeting of April 14, 2008 401 5. PRESENTATIONS (a) Eileen Smith and Rod Adams, Ministry of the Environment, Regarding Proposed Changes to the Regulatory Framework for Non-Agricultural Source Materials (NASM) 6. DELEGATIONS (List as of Time of Publication) 601 (a) Jaison Gibson, Regarding Public Standards (b) Bryce Jordon, Regarding Report PSD-043-08 (c) Louis Bertrand, Regarding Addendum to Report CLD-015-08 (d) Linda Gasser, Regarding Addendum to Report CLD-015-08 (e) Linda Gasser, Regarding Procedural By-Law Interpretation 7. PUBLIC MEETINGS There are no Public Meetings scheduled. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - April 28, 2008 8. PLANNING SERVICES DEPARTMENT (a) PSD-042-08 Application for Removal of Holding Symbol 801 Applicant: Players Business Park Limited & West Diamond Properties Inc. (b) PSD-043-08 Application for Proposed Draft Plan of Subdivision and 808 Zoning By-Law Amendment Applicant: 708545 Ontario Limited (c) PSD-044-08 Application for Proposed Amendment to Draft Approval of 832 a Draft Approved Plan of Subdivision and a Zoning By-Law Amendment Applicant: 708545 Ontario Limited 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-023-08 Martin Green Subdivision, Plan 40M-2125, Bowmanville, 901 'Certificate of Acceptance' and 'Assumption By-Laws', Final Works Including Roads and Other Related Works 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-006-08 Monthly Response Report — March 2008 1101 (b) ESD-007-08 Durham Region Medical Tiered Response Agreement 1105 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-016-08 Request to Provide Free Parking in Downtown 1301 Bowmanville (b) CLD-017-08 Quarterly Parking Report 1304 14. CORPORATE SERVICES DEPARTMENT (a) COD-026-08 CL2008-18, Communication Tower and Wireless Links 1401 G.P. & A. Agenda - 3 - April 28, 2008 15. FINANCE DEPARTMENT (a) FND-011-08 Internal Audit Charter and Blueprint for Operations 1501 16. CHIEF ADMINISTRATIVE OFFICE (a) CAO-005-08 EFW Public Information Sessions — (Report to be Distributed under Separate Cover prior to the Meeting) 17. UNFINISHED BUSINESS (a) Addendum to CLD-015-08, Green Community Advisory Committee — 1701 Selection of the Chair 18. OTHER BUSINESS 19. COMMUNICATIONS 20. ADJOURNMENT Clari leading the W.Y Way General Purpose and Administration Committee Minutes April 14, 2008 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, April 14, 2008 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper (Left at 11:30 to Nova Scotia for Council business) Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo (Left at 11:30 to Nova Scotia for Council business) Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Fire Chief, Emergency Services, G. Weir Deputy Clerk, A. Greentree Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Novak attended the Grand Opening of the Weight Care Clinic in Courtice on April 9t',2008. She reported it was a well attended function and belives it to be a step in the right direction for a healthier community. Councillor Hooper announced that on May 3rd, 2008 Bowmanville will be hosting its annual Maple Festival and All That Jazz. 401 General Purpose and Administration Committee Minutes April 14, 2008 Councillor Woo announced that he, Mayor Abernethy and MPP John O'Toole participated in the MS Walk which was held on April 13th, 2008 and the goal this year was to raise over$40,000. He announced the Clarington Project will be hosting a Fund Raiser Dinner and Silent Auction on April 19th, 2008 at the Rickard Recreation Complex and there are still tickets available for any one interested in attending. Councillor Trim announced that he and Councillor Robinson attended the Ganaraska Conservation Anniversary Dinner on Saturday on April 12th, 2008 and reported that it was a well attended affair. Proceeds from this event are being applied to new build. Mayor Abernethy announced that he and Councillor Hooper attended the Rotary Auxiliary Gala event which was held on Saturday, April 12th and stated this was a successful evening. He stated there are going to be bus tours to Athens arranged by the Orono Tractor Club to view George Tackleberry's tractor collection. The Clarington Board of Trade held their awards night and Mr. Franklin Wu, CAO was the recipient of the President's Award which was presented to him by Joe Dickson, MP Ajax/Pickering. Mayor Abernethy also stated that he has extended invitations to several experts to Council regarding waste management issues. Public information meetings regarding the Environmental Assessment (EFW) are scheduled for April 22nd in Bowmanville and April 29th in Newcastle. MINUTES Resolution #GPA-250-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on March 31, 2008, be approved. CARRIED PRESENTATIONS Eric Bowman and Ted Watson provided the Committee with an update from the Durham Agricultural Advisory Committee (DAAC). Mr. Bowman explained the context and role the Durham Agricultural Advisory Committee has within the Region. The DAAC was established by Council in 2002 and it's role is to provide ongoing input/advice to Planning Committee/Council on agricultural and rural related planning matters. Mr. Bowman reported on the Committee's accomplishments including: hosting the annual farm tour which is a fall event; advocating a Regional reduction in Regional farmland tax ratio; working with the Region's Work's Department and Police Department to develop a Regional Slow Moving Farm Vehicle Program, including new signage installation; a recycling program through the Region for agricultural white bale wrap material; and efforts towards other agricultural recycling programs. DAAC's 2008 work plan includes input into Policy Development, farm tour in Oshawa, inclusion of a youth member in the DAAC meetings, and partnership with DEAC in hosting an agricultural land stewardship -2 - 402 General Purpose and Administration Committee Minutes April 14, 2008 event, and continuing with the slow moving Vehicle Education Program. Mr. Bowman listed for the Committee DAAC's following issues of interest: legislation affecting agriculture, Hwy 407 East completion Environmental Assessment, GTA Agricultural Action Plan, Biosecurity industry issues, Conservation Authority Regulations, Regional Tree By-Law, the Durham/York Residual Waste EA Study, and the Oshawa Harbour Redevelopment. DELEGATIONS Kerry Meydam addressed the Committee regarding the need for Public Information Sessions on Energy from Waste and alternatives. Ms. Meydam would like to see Public Information Sessions held to educate the public and well as the politicians on incineration and alternatives. Ms. Meydam stated the public information sessions would allow the public to ask questions of the experts whether they be pro incineration or con. She does not want to see Clarington become the default location for the Region's solution to waste and she would like to see Clarington lead the way in regards to Energy from Waste. Alf Huggins, President of the Darlington Soccer Association, addressed the Committee regarding a request from the Darlington Soccer Club for a waiver of rental fees for use of the Bowmanville Indoor Soccer Facility. Mr. Huggins informed the Committee that Darlington Soccer Club will be hosting a training session/conference for coaches and they have guests from overseas expected to attend. The total number of hours for this event will be 15 hours, ten on Saturday and five on Sunday. The rental rate for this Facility is $169.00/hour and the club would like to have this charge waived or reduced for this event. He stated the Club over-looked the grant application process due to the fact that there new members on their Board. Mr. Huggins confirmed the Darlington Soccer Club contributed approximately $500,000.00 towards the construction of the Bowmanville Indoor Soccer Facility and this year they have 1500 participants registered for the winter sessions. All positions for the summer sessions are filled. Jaison Gibson addressed the Committee regarding readiness containers and public emergency response. Mr. Gibson stated the biggest hurdle in his opinion is the relationship between the government and the citizens. He informed the Committee that the environment is on a collision course and businesses are going to have to change and become proactive towards the environment. He would like to see readiness containers made available to the residents of Clarington with all essentials necessary to maintain life for a period of time. These containers could be transferred to disaster areas as needed and then replenished, or if residents were evacuated, the readiness containers would sent along with the residents. Many residents are not aware of the Region of Durham's "Are You Ready" brochures and Mr. Gibson would like to see these, if possible, to include information on the readiness containers. 3 403 General Purpose and Administration Committee Minutes April 14, 2008 Richard Ward addressed the Committee regarding taxes and tax billing. Mr. Ward requested that he be credited for taxes in regards to garbage pick up for the period between 1990 to 1996. Mr. Ward feels that he is a victim of harassment, not only has he not received garbage pick up for years but he is suffering from noise pollution, from a neighbour's invisible fence, which diminishes his quality of life. Resolution #GPA-251-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the Committee recess for 10 minutes. CARRIED The meeting resumed at 11:30 a.m. Resolution #GPA-252-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the agenda be altered to allow the delegation of Mr. Ron Collis to be heard before the delegation of Mr. Jim Richards. CARRIED Ron Collis spoke to the Committee regarding Report CLD-015-08. Mr. Collis stated he has concerns with the new Chair of the Green Community Advisory Committee and the methods used to select the Chair. He stated there are Terms of Reference and Protocols set into place and they should have been followed. Mr. Collis believes because of the power and influence the Mayor has, a member of the public would not feel comfortable challenging the Mayor for the position, and he feels the Chair should be a member of the public and not a Member of Council. This Green Community Advisory Committee was formed to advise Council, and therefore the Chair should not be a member of Council as this may create conflicts of what the true feelings of the Committee are. He would like to see the selection of the Chair revisited and see the Protocol followed. Jim Richards addressed the Committee regarding Report CLD-015-08. Mr. Richards stated the selection of the Chair for the Green Community Advisory Committee goes against the Protocol set out for selection of Chairs to committees appointed by Council. He'stated the new Chair creates conflicts that would not be there had the Chair been a member of the public. He is concerned that the recommendations from the Committee may not be taken seriously if the Mayor remains as the Chair. Mr. Richards would like for Council to reject the recommendations contained in Report CLD-015-08 and direct the Committee to elect a new Chair at their next meeting. -4 - 404 General Purpose and Administration Committee Minutes April 14, 2008 Elva Reid spoke to the Committee regarding Report CLD-015-08. She informed the Committee the last time she asked for Council help was regarding Clarington's participation in Earth Hour and this was very successful. She thanked Council for their support. She informed the Committee that she was the member of the Green Community Advisory Committee who nominated Mayor Abernethy for the position of Chair. She feels the Mayor has the profile and desire to ensure that the environment is at the top of the agenda and there is no other member of the Committee with that strength. She stated the concerns of the Committee should be on the environment and not on semantics. She requested that the Committee support the selection of Mayor for Chair. John Slater, Chair of the Orono CIP Liaison Group addressed the Committee regarding Report PSD-040-08. Mr. Slater is in agreement with the recommendations contained in Report PSD-040-08 but he would like to see the boundaries expanded to include other buildings. He informed the Committee of the meeting being held on Monday April 281h, at 7:00 p.m. and invited the Members of the Committee and the public to attend. Theresa Vanhaverbeke was called but was not in attendance. Councillor Robinson read aloud Ms. Vanhaverbeke's comments being, that she requests the Committee to accept the recommendations contained in Report PSD-039-08. Tracy Ali spoke to the Committee regarding Energy From Waste. Ms. Ali congratulated Bowmanville on it's 150th Anniversary and stated she and her family look forward to participating in the events scheduled. Ms. Ali expressed concerns regarding health care and air quality issues surrounding incineration. She would like to see the Committee recommend Public Information Sessions with both pro and con experts in attendance, to allow the public to ask questions and obtain answers to their concerns. She would like to see the public become more active in the solution regarding waste and would like to see Clarington lead the way regarding waste management and diversion. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING There were no Public Meetings scheduled. PLANNING SERVICES DEPARTMENT MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 27, 2008 Resolution #GPA-253-08 Moved by Councillor Foster, seconded by Councillor Trim THAT Report PSD-038-08 be received; _ 5 405 General Purpose and Administration Committee Minutes April 14, 2008 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; and 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. CARRIED NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN Resolution #GPA-254-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-039-08 be received; THAT the Newcastle Village Community Improvement Plan, dated April 2008 as contained in Attachment 2 to Report PSD-039-08 be approved and that the necessary By-law be passed; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-039-08 and Council's decision; and THAT all interested parties listed for Report PSD-039-08 and any delegations be advised of Council's decision. CARRIED ORONO COMMUNITY IMPROVEMENT PLAN AMENDMENT Resolution #GPA-255-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-040-08 be received; 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 - 6 - 406 General Purpose and Administration Committee Minutes April 14, 2008 THAT all interested parties listed Report PSD-040-08 and any delegations be advised of Council's decision. CARRIED AS AMENDED (See following motion) Resolution #GPA-256-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the foregoing Resolution #GPA-255 be amended to add the wording "and guidelines for infill or renovations" in the second paragraph after the word "Grants". CARRIED The foregoing Resolution #GPA-255-08 was then put to a vote and carried as amended. Resolution # GPA-257-08 Moved by Councillor Foster, seconded by Councillor Trim THAT the agenda be altered to consider Report PSD-041-08 Zoning By-Law Amendment and Draft Plan of Subdivision to Permit the Development of 1300 Residential Units under the Planning Section of the meeting rather than under the "Unfinished Business" section as listed in the Agenda. CARRIED 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-258-08 Moved by Councillor Trim, seconded by Councillor Foster THAT Report PSD-041-08 be received; 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 to Report PSD-041-08; 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 to Report PSD-041-08; - 7 - 407 General Purpose and Administration Committee Minutes April 14, 2008 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; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-041-08 and Council's decision; and THAT all interested parties listed in Report PSD-041-08 and any delegations be advised of Council's decision. CARRIED Resolution # GPA-259-08 Moved by Councillor.Robinson, seconded by Councillor Foster THAT the Committee recess for one hour. CARRIED The meeting resumed at 1:30 p.m. Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT INTERSECTION OF WELLINGTON STREET AND GEORGE STREET BOWMANVILLE, REQUESTED ALL-WAY STOP Resolution #GPA-260-08 Moved by Councillor Trim, seconded by Councillor Novak THAT Report EGD-018-08 be referred back to staff. MOTION LOST Resolution #GPA-261-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report EGD-018-08 be received; THAT "no parking" signs be installed in the area of the intersection; and THAT staff monitor the intersection of Wellington Street and George Street after the no parking signs have been installed. CARRIED - 8 - 408 General Purpose and Administration Committee Minutes April 14, 2008 MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2008 Resolution #GPA-262-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report EGD-019-08 be received for information. CARRIED GREAT WATERFRONT TRAIL ADVENTURE Resolution #GPA-263-08 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report EGD-020-08 be received; THAT staff be authorized to assist with the Clarington portion of the tour; and 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. CARRIED ROB PIONTEK SKATEBOARD PARK — DONATION FROM ST. MARYS CEMENT Resolution #GPA-264-08 Moved by Councillor Novak, seconded by Mayor Abernethy THAT Report EGD-021-08 be received; 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 THAT a receipt be issued to St. Marys Cement for tax purposes.. CARRIED SITE ALTERATION BY-LAW Resolution #GPA-265-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report EGD-022-08 be received; - 9 - 409 General Purpose and Administration Committee Minutes April 14, 2008 THAT the By-law attached to Report EGD-022-08 be approved by Council in principle subject to final review by the Municipality's Solicitor and the Director of Engineering Services; and 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. CARRIED Councillor Trim chaired this. portion of the meeting. OPERATIONS DEPARTMENT PITCH-IN WEEK CANADA "CLARINGTON CLEAN AND GREEN" Resolution #GPA-266-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report OPD-004-08 be received for information. CARRIED Councillor Robinson chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT RESIDENTIAL SPRINKLERS — CORRESPONDENCE FROM CITY OF MISSISSAUGA Resolution #GPA-267-08 Moved by Mayor Abernethy, seconded by Councillor Novak THAT Report ESD-005-08 be tabled for further investigation from staff respecting the statistics on the age of the homes. CARRIED - 10 - 410 General Purpose and Administration Committee Minutes April 14, 2008 COMMUNITY SERVICES DEPARTMENT COMMUNITY SERVICES DEPARTMENT — FINANCIAL ASSISTANCE POLICY Resolution #GPA-268-08 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report CSD-008-08 be received; THAT the Community Services Financial Assistance Programs (Attachment#2 to Report CSD-008-08) be approved; and THAT Barb Glaspell be advised of Council's decision. CARRIED GRANT REQUEST— LEIGH MCSWAN, MISS UNIVERSE CANADA 2008 PAGEANT Resolution #GPA-269-08 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CSD-009-08 be received; 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 THAT Ms. Leigh McSwan be advised of Council's decision. CARRIED Mayor Abernethy chaired this portion of the meeting. DELEGATION - ALF HUGGINS, DARLINGTON SOCCER CLUB — REGARDING WAIVER OF OR REDUCTION IN FEES FOR AN EVENT BEING HELD AT THE BOWMANVILLE INDOOR SOCCER FACILITY Resolution #GPA-270-08 Moved by Councillor Novak, seconded by Councillor Trim THAT the delegation of Mr. Alf Huggins be received with thanks; and THAT the Darlington Soccer Club be approved for a $2,000.00 grant. CARRIED - 11 - 411 General Purpose and Administration Committee Minutes April 14, 2008 CLERK'S DEPARTMENT ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT — ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE (ONTARIO REGULATION 429107) Resolution #GPA-271-08 Moved by Councillor Trim, seconded by Councillor Foster THAT Report CLD-013-08 be received for information. CARRIED CAT AND DOG LICENSING — AGRICULTURAL RATE CATEGORY Resolution #GPA-272-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report CLD-014-08 be received; 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; 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; 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 THAT all Private Kennels licensed in 2007 and any 2008 Private Kennel licence applicants be advised of Council's decision. CARRIED GREEN COMMUNITY ADVISORY COMMITTEE — SELECTION OF THE CHAIR Resolution #GPA-273-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CLD-015-08 be received; 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 - 12 - 412 General Purpose and Administration,Committee Minutes April 14, 2008 THAT Linda Gasser and the members of the Green Community Advisory Committee be advised of Council's decision. MOTION LOST Resolution #GPA-274-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the Committee recess for 5 minutes. CARRIED The meeting resumed at 3:05 p.m. Resolution #GPA-275-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report CLD-015-08 be referred back to staff to review the Terms of Reference and the Protocol for the selection of the Chair for Council-appointed Advisory Committees. CARRIED CORPORATE SERVICES DEPARTMENT CO-OPERATIVE TENDER W02-2006, SUPPLY, DELIVERY AND APPLICATION OF CALCIUM / MAGNESIUM CHLORIDE Resolution #GPA-276-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-021-08 be received; 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 1) 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; 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; - 13 - 413 General Purpose and Administration Committee Minutes April 14, 2008 THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contracts be awarded for a second year; and THAT the funds expended be drawn from the Department of Operations various operating accounts. CARRIED FIRST IMPRESSIONS COMMUNITY EXCHANGE TOURISM ASSESSMENT Resolution #GPA-277-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report COD-023-08 be received for information. CARRIED CL2008-11, ASPHALT RESURFACING CONTRACT 1 Resoultion #GPA 278-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-024-08 be received; 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; 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# 110-32-330-83212-7401 $ 851,888.00 Account# 110-32-330-83266-7401 $ 19,000.00 Account # 110-32-330-83269-7401 $ 29,000.00 Account # 110-32-330-83270-7401 $ 56,000.00 Account # 110-32-330-83295-7401 $ 38,000.00; and THAT the By-law attached to Report COD-024-08, marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED - 14 - 414 General Purpose and Administration Committee Minutes April 14, 2008 CL2008-9, SIDEWALK REHABILITATION, VARIOUS LOCATIONS Resoultion #GPA-279-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report COD-025-08 be received; 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 CL2008-9, be awarded the contract for the Sidewalk Rehabilitation, Various locations as required by the Engineering Department; 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 # 110-32-331-83215-7401 (2007 & 2008) $212,000.00 Account# 110-32-331-83320-7401 2007 $ 44,000.00 Account# 110-32-331-83268-7401 2008 $121,000.00 and THAT the By-law attached to Report COD-025-08, marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED FINANCE DEPARTMENT 2008 MUNICIPAL ROAD AND BRIDGE INFRASTRUCTURE INVESTMENT Resoultion #GPA-280-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Report FND-010-08 be received; 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; 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; - 15 - 415 General Purpose and Administration Committee Minutes April 14, 2008 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; THAT the Mayor and Clerk be authorized to sign any necessary by-laws to receive this funding; THAT Report FND-010-08 be copied to Jim Bradley, Minister of Transportation; and 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. CARRIED CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS PRESENTATION — UPDATE FROM THE DURHAM AGRICULTURAL ADVISORY COMMITTEE Resolution #GPA-281-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the presentation from Eric Bowman and Ted Watson be received with thanks. CARRIED DELEGATION — KERRY MEYDAM REGARDING THE NEED FOR PUBLIC INFORMATION SESSIONS ON ENERGY FROM WASTE AND ALTERNATIVES. Resolution #GPA-282-08 Moved by Councillor Trim, seconded by Councillor Novak THAT the delegation of Ms. Kerry Meydam be received with thanks. CARRIED - 16 - 41.6 General Purpose and Administration Committee Minutes April 14, 2008 DELEGATION — JAISON GIBSON — REGARDING READINESS CONTAINERS AND EMERGENCY RESPONSE Resolution #GPA-283-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the delegation of Mr. Jaison Gibson be received with thanks. CARRIED DELEGATION — RICHARD WARD — REGARDING TAXES AND TAX BILLING Resolution #GPA-284-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the delegation of Mr. Richard Ward be received with thanks; THAT Staff request from the Regional Works Department a copy of the letter sent to Mr. Ward in 1996; and THAT Staff supply Mr. Ward with copies of all correspondence relating to his request for rezoning of his property. CARRIED DELEGATION — MRS. TRACY ALI — REGARDING ENERGY FROM WASTE Resolution #GPA-285-08 Moved by Councillor Trim, seconded by Councillor Foster THAT the delegation of Mrs. Tracy Ali be received with thanks. CARRIED OTHER BUSINESS SITE INSPECTIONS OF FLOODED ROADS, BRIDGES AND CULVERTS Resolution #GPA-286-08 Moved by Councillor Trim, seconded by Councillor Novak THAT the Director of Engineering Services and the Director of Operations undertake visual site inspections of flooded roads, bridges and culverts; and - 17 - 417 General Purpose and Administration Committee Minutes April 14, 2008 THAT Staff report back on any work to be done. CARRIED NOTICE OF MOTION Councilor Foster advised that he would be giving a Notice of Motion for the April 21, 2008 Council Meeting regarding a Public Information Session on Energy from Waste. COMMUNICATIONS APPOINTMENT TO THE ACCESSIBILITY ADVISORY COMMITTEE Resolution #GPA-287-08 Moved by Councillor Foster, seconded by Councillor Novak THAT Sylvia Jaspers-Fayer be appointed to the Accessibility Advisory Committee to fill the current vacancy. CARRIED APPOINTMENT TO THE SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE Resolution #GPA-288-08 Moved by Councillor Foster, seconded by Councillor Novak THAT Shirley Minifie be appointed to the Samuel Wilmot Nature Area Management Advisory Committee to fill the current vacancy. CARRIED ADJOURNMENT Resolution #GPA-289-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting adjourn at 3:27 p.m. CARRIED MAYOR DEPUTY CLERK - 18 - 418 DRAFT LIST OF DELEGATIONS GPA Meeting: April 28, 2008 (a) Jaison Gibson, Regarding Public Standards (b) Bryce Jordon, Regarding Report PSD-043-08 (c) Louis Bertrand, Regarding Addendum to Report CLD-015-08 (d) Linda Gasser, Regarding Addendum to Report CLD-015-08 (e) Linda Gasser, Regarding Procedural By-Law Interpretation 601 • arm n Leadin the Wa REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 28, 2008 Report#: PSD-042-08 File#: ZBA 2007-0034 By-law#: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: PLAYERS BUSINESS PARK LIMITED &WEST DIAMOND PROPERTIES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-042-08 be received; 2. THAT the application submitted by Players Business Park Limited and West Diamond Properties Inc. to Remove the "Holding (H)" Symbol be APPROVED for Parts 1, 2, 3, 6, 7, 8, 9, 11, 12, 13, 14, 16, 17, 20, 22, 23, 24, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 47, and 48 on Reference Plan 40R-24933; 3. THAT the attached By-law to Remove the "Holding (H)" Symbol be PASSED and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: C Reviewed � ��J �• David J. Crome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer RH/COS/DJC/df April 17, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 801 REPORT NO.: PSD-042-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Players Business Park Limited &West Diamond Properties Inc. 1.2 Rezoning: Removal of"Holding (H)" Symbol 1.3 Location: Part of Lot 17, Concessions 1 and 2, former Township of Darlington (Attachment 1) 2.0 BACKGROUND 2.1 On June 5th, 2007, Staff received an application from Players Business Park Limited and West Diamond Properties Inc. for the removal of the "Holding (H)" symbol on Parts 1, 2, 3, 6, 7, 8, 9, 11, 12, 13, 14, 16, 17, 20, 22, 23, 24, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 47, and 48 on Reference Plan 40R- 24933. The removal of the holding symbol would permit the development of a 14,030 m2 large format store and 900 m2 outdoor garden centre as well as a 875 m2 seasonal garden centre on the subject lands. 3.0 STAFF COMMENTS 3.1 The proposed development is located within the West Bowmanville Town Centre at 200 Boswell Drive. Policies have now been approved by the Ontario Municipal Board to permit approximately 55,000 m2 of additional retail and personal service floorspace in the form of street-related and large format commercial development to proceed. 3.2 Prior to approval of commercial development on the subject lands, Players Business Park Limited and West Diamond Properties Inc. entered into the Principles of Understanding with Municipality, which outline the requirements that the applicant must fulfil for development to proceed on the subject lands. The document outlines the planning procedures, special conditions, the construction of Stevens Road, and financial obligations for approval of development. 3.3 The portion of the subject property proposed for development is presently zoned "Holding - Large Format Commercial Exception ((H)C8-1) Zone", "Holding - Large Format Commercial Exception ((H)C8-2) Zone", and "Holding - Street- Related Commercial Exception ((H)C9-2) Zone". Specific policies for the Bowmanville West Town Centre Secondary Plan permit the use of holding symbols. In addition, the Principles of Understanding also contain procedures and obligations that must be fulfilled prior to Council considering removal of the holding symbol. The applicant must therefore address the following matters to the satisfaction of the Municipality: 802 REPORT NO.: PSD-042-08 PAGE 3 • Consent applications to sever the large format store lands for Wal-Mart and Real Canadian Superstore from the remaining property owned by Players Business Park Limited and West Diamond Properties Inc. were approved. A condition of these consents was that the applicant shall enter into a subdivision/consent agreement. • The Subdivision/Consent Agreement was executed by the applicant. This Agreement governs site servicing, off-site road improvements on Stevens Road associated with the development, construction of Boswell Drive, construction phasing of the private roads, streetscape improvements on Durham Highway 2, payment towards the construction of Stevens Road, a cash payment for the release of the applicant's obligations of the public use facility, and payments for the Newcastle and Orono Business Improvement Areas. • The applicant must construct two private roads on the subject lands over which may be transferred to the Municipality once the property redevelops intensively in the future. • The applicant will execute a site plan agreement, which governs site development, building form, landscaping works, and lighting. Financial securities for landscaping works will be administered through this Agreement. Staff have also obtained landscape maintenance and snow removal programs for the development. A cash-in-lieu of parkland dedication payment will also be received from the applicant through this Agreement. • The applicant has satisfied the specific urban design requirements through the building elevations, which include special exterior treatment, building articulation, and parapet walls to screen rooftop mechanical units. • An Assumption Agreement will be executed to ensure that the land holding company for the large format store is bound by the relevant provision all Agreements once they retain ownership of their own property. 3.4 Similarly, within the Region's Official Plan, policies are in place noting that prior to a local Municipality's passage of a By-law to remove a Holding Symbol, Council is to ensure that: • The development is consistent with the orderly and phased development of the Municipality; • The Owner has satisfied all of the requirements of the Municipality and entered into any necessary agreements in that regard; and • The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provisions of sewer and water services, regional roads and entered into any necessary Agreements. 3.5 Players Business Park Limited and West Diamond Properties Inc., in conjunction with the large format store, will jointly construct Private Road "A" between Durham Highway 2 and Private Road "131/62" fronting the large format store. Private Road "131/132" will be constructed between Boswell Drive and Green Road. An east-west drive aisle will be constructed between Durham Highway 2 803 REPORT NO.: PSD-042-08 PAGE 4 and Private Road "61/132". In addition to removing the holding symbol from all lands to be transferred to the large format store, the proposed by-law also removes the holding symbol from those lands retained by the applicant to allow for the construction of the private road and the aforementioned east-west drive aisle. 3.6 The approval of a By-law to remove the Holding Symbol is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan, as well as the Principles of Understanding with the applicant, have been satisfied. It will also allow a conditional building permit to be issued by the Chief Building Official for the footing and foundation portion of the store. 3.7 It is noted that pursuant to Section 36 of the Planning Act, a By-law Amendment to remove the "Holding (H)" Symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final and binding upon Council's approval. 3.8 Staff would note that the holding provision will be removed in phases for development on the remaining portion of the applicant's lands. 3.9 The Finance Department has advised that taxes on the site are current. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol, as shown on the attached by-law and schedule (Attachment 2), is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of"Holding (H)" symbol List of interested parties to be advised of Council's decision: Players Business Park Limited & West Diamond Properties Inc. c/o Metrus Properties Stantec Consulting Limited Wal-Mart Canada Corp. 804 :❖.❖.❖..•►O❖.❖.❖.❖. � • IIIIIIIIIIIII�� • ❖•❖•❖;•.•❖•❖•o-• .. ••••••• �•••••••-� �_ �/llllllllllll /� .o❖.❖.❖.-.:•.•.o•.o❖.❖ b:❖.❖.❖.❖.•.:•o.❖.❖.❖.� .11111111 �� O ............:....... :;.;.;.;.;.;.;.;.;.;.;.;.;:;,•..:.:.- ���� 11111111111111 `, i� .................... ❖.❖.❖.❖.❖.❖.❖.!.o❖. ',fir■■■■■1\�� 11111 ANN I A t .9- Attachment 2 To Report PSD-042-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to amend the Comprehensive Zoning By-law 84-63 for the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2007-0034; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding — Large Format Commercial Exception ((H)C8-1) Zone" to "Large Format Commercial Exception (C8-1) Zone'; "Holding - Large Format Commercial Exception ((H)C8-2) Zone" to "Large Format Commercial Exception (C8-2) Zone"; and "Holding - Street-Related Commercial Exception ((H)C9-2) Zone" to "Street- Related Commercial Exception (C9-2) Zone". 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 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 806 This is • - to By-law 200 passed day of 1 1 Mv UL h # # * moo, `� �►•. I WAL PAM QWW ACOM Bowmanville Pain.�1�e REPORT b 3 PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 28, 2008 Report#: PSD-043-08 File #: S-C-2007-0009 By-law#: and ZBA2006-0038 Subject: APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-043-08 be received; 2. THAT the application for proposed Draft Plan of Subdivision S-C-2007-0009 submitted by 708545 Ontario Limited be APPROVED, subject to the conditions as contained in Attachment 3; 3. THAT the Zoning By-law Amendment application submitted by 708545 Ontario Limited be APPROVED, as contained in Attachment 4; 4. THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2007-0009 and the Municipality of Clarington be APPROVED as contained in Attachment 5 and forwarded to Council for APPROVAL; 5. THAT the Region of Durham 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 delegation be advised of Council's decision. 808 REPORT NO.: PSD-043-08 PAGE 2 Submitted by: Reviewed by: `�`� � ��- David J. Oforne, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA/CP/DJC/df April 21, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 809 REPORT NO.: PSD-043-08 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: 708545 Ontario Limited 1.2 Agent: Sernas Associates 1.3 Applications: Plan of Subdivision: Residential plan of subdivision for a total of 61 single detached dwelling units, consisting of 13 dwellings on 15.0 metre lots, 45 dwellings on 12.2 metre lots and 3 dwellings on 11.0 metre lots. Zoning By-law Amendment: To rezone the subject lands from "Agricultural (A)" to appropriate zones to permit the proposed plan of subdivision. 1.4 Site Area: 3.873 ha 1.5 Location: The property is located within Part Lot 33 and part of the road allowance between Lots 32 and 33, Concession 2, in the former Township of Darlington, in the Courtice Urban Area (Attachment 1). 2.0 BACKGROUND 2.1 On August 8, 2007, 708545 Ontario Limited submitted applications to the Municipality of Clarington for the development of 64 dwellings. The applications were circulated to a number of agencies and departments for comments. In response to comments received, in December 2007, a revised plan for a total of 61 lots was submitted. 2.2 An Environmental Site Assessment, Functional Servicing Report, Noise Impact Study and a Parking Plan accompanied the applications. These are summarized in Section 7.0 of this report. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is currently vacant. At the time of submission there was a single detached dwelling with an attached garage and two accessory buildings. These were removed to accommodate the fill brought in for grading purposes and discussed in section 10.8. The property has frontage on Prestonvale Road. 3.2 Surrounding Uses: North: Urban residential — Draft approved plan of subdivision South: Rural residential lots and lands designated Future Urban Residential 810 REPORT NO.: PSD-043-08 PAGE 4 East: vacant, previously used for agriculture, subject to application for residential development West: Meadowglade Blvd, Dr. G.J. MacGillvary Public Elementary School, Registered Plan of Subdivision 40M-2148 — under construction. 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) states that all new development should occur adjacent to the existing built-up area, and have a compact form. There should be efficient use of infrastructure including water and sanitary services and existing road networks. Development should be phased to ensure the orderly progression of development within a designated growth area. This application is within a planned neighbourhood, the Emily Stowe Neighbourhood. Servicing is available for this development and there is an existing road network of collector and arterial roads with capacity to accommodate traffic from the proposed subdivision. The application conforms with the Provincial Policy Statement. 4.2 Provincial Growth Plan This application is considered Greenfield development in the Growth Plan. Greenfield developments are to be planned, designated, zoned and designed to create street patterns, densities and urban form that promote walking, use of transit, a mix of residential land uses, and high quality public open spaces. This application is located within the Courtice Urban Area boundary, is designated Urban Residential and is located with an approved Neighbourhood Design Plan. This application, in conjunction with the concurrent amendment to draft approval application on the easterly abutting property provides pedestrian walkways for ease of walking to existing transit stops, parks and open space blocks connected by a trail, and a variety of housing forms, from townhouses to large lot single detached dwellings. The application conforms to the Provincial Growth Plan. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the land "Living Areas". Lands designated "Living Areas" shall be predominantly used for housing purposes. Development in urban areas shall have regard for: compact urban form; the use of good urban design principles; use a grid street pattern; provide for parks; access to transit; the capacity of existing services; and, the balance between energy efficiency and cost. 5.2 Clarington Official Plan The Clarington Official Plan designates the land "Urban Residential' and "Environmental Protection Area" and is slated for low density development. Low Density development is for 10-30 units per net ha, and is predominantly for single detached and semi- 811 REPORT NO.: PSD-043-08 PAGE 5 detached dwellings. Low density areas are generally internal to neighbourhoods and are not abutting arterial roads. The Clarington Official Plan designates both Prestonvale Road and Glenabbey Drive as collector roads. Prestonvale Road is existing, and this application for draft plan of subdivision includes a new section of Glenabbey Drive. Private accesses are to be minimized. Street `B' is a local road linking homeowner's to the future Meadowglade Road, east of Prestonvale Road. The Neighbourhood Design Plan (NDP) further defines the land uses and did not maintain the watercourse and its associated Environmental Protection area north of Meadowglade Road. The proposed Draft Plan of Subdivision is consistent with the NDP and an Official Plan Amendment is not required for the removal of this Environmental Protection Area. The Neighbourhood Design Plan identified the potential for 59 dwelling units on these lands. The current application is for 61 dwelling units and is considered to be in keeping with the intent of the Neighbourhood Design Plan. Map B2, Transportation for the Courtice Urban Area identifies Glenabbey Drive and Prestonvale Road as Collector Roads. Meadowglade Road is identified as a Type C Arterial road. The application has been submitted reflecting these road designations indicating the appropriate road widths 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended, zones the subject land "Agricultural (A)". The applicant has applied to rezone the property to permit the proposed subdivision development. The recommendations of the report support a rezoning to implement the proposed draft plan of subdivision. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Environmental Site Assessment Phase 1 The Environmental Site Assessment, Phase 1 by Soil Engineers Ltd. was completed in August 2007 and was done simultaneously for this draft plan of subdivision and the abutting property subject to amendment to draft approval of 18T-95028 (concurrent application by same owners). The study indicates that the majority of the site has previously been used mainly for agricultural purposes and rural residential. The study reviewed historical records, observations of adjacent properties, geotechnical investigation findings and a building audit. The geotechnical investigation consisted of 15 boreholes to a depth ranging from 4.7 m to 9.6 metres. No obvious signs of soil contamination were found from the test soil. 812 REPORT NO.: PSD-043-08 PAGE 6 Given the age of the existing dwelling at 2153 Prestonvale Road, there was potential for designated substances within the building such as lead based paints, asbestos, etc. These were approved for use until the late 1970's and early 1980's and may have been used within the dwelling. There was no evidence to suggest these types of material were used but it is recommended by the applicant's consultant that a 'Designated Substance Survey' be conducted prior to demolition of the dwelling. A condition of draft approval requires the submission of the "Designated Substance Survey". It is also recommended that any domestic wells and sewage disposal systems that are found during construction be properly decommissioned. A condition of draft approval requires documentation that this work was property done. 7.2 Functional Servicing Report A Storm Water Servicing Scheme was submitted in 1995 with the submission with the abutting draft approved plan of subdivision, 18T-95028. This plan has been updated and now includes the subject draft plan. The two plans of subdivision are coordinated to share storm water management ponds, storm water pipes and overland flow routes. The Report was reviewed in detail by Engineering Services Department and with additional information later provided was found to be satisfactory. 7.3 Noise Impact Study A Noise Impact Study was completed by Sernas Associates in July 2007. The results of this study indicate that the lots abutting Meadowglade Road (Lots 1, 31 and 32) will require noise fencing around their rear yards and Lots 31 and 32 will require mandatory air conditioning. Lots abutting Prestonvale Road will be required to have forced air heating system with ducts to accommodate optional air conditioning. These requirements are typical of a noise study. Warning clauses are contained in the conditions of draft approval and the subdivision agreement that alert homeowners to the potential for noise volumes generated by traffic along Prestonvale Road and Meadowglade Road. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Also one (1) public meeting notice sign was installed on the property along the Prestonvale Road. 8.2 A few inquiries have been received by Staff regarding this application. Their comments include: • don't want Glenabbey to connect to Prestonvale and become a through street • don't want any development at all • what will happen to the existing valley just east of Prestonvale Road • there is no potential for connection to the southerly abutting property in the Future Urban Residential designation. Further discussion on these comments is contained in Section 10. 813 REPORT NO.: PSD-043-08 PAGE 7 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. 9.2 Clarington Emergency Services, Hydro One Networks Inc., and Rogers Cable have no objections to this proposal. 9.3 Durham Region Planning Department finds the application to be in conformity with the Regional Official Plan. They have advised that there are no servicing issues associated with the proposed development and provided conditions of draft approval that will need to be complied with prior to clearance by the Region for registration of this plan. 9.4 The Kawartha Pine Ridge District School Board requests that adequate provision be made for sidewalks in this development. The Board has no other comments or concerns at this time. 9.5 Enbridge and Bell offered no objections to the proposal. Each agency provided standard conditions to be included in the Conditions of Draft approval. 9.6 Central Lake Ontario Conservation has no objection to the application and has provided conditions of draft approval for the proposed plan of subdivision. 9.7 Clarington Engineering Services has reviewed the application and generally finds the proposed development acceptable. Their conditions and requirements are contained in the Conditions of Draft Approval. The On-Street Parking Plan was found to be satisfactory. 10.0 STAFF COMMENTS 10.1 The proposed subdivision is located in the Emily Stowe Neighbourhood, which has an approved Neighbourhood Design Plan dated November 1999. The application as submitted improves upon the street layout originally contemplated in 1999. Due to a change in property ownership and timing of development, a cul-de-sac has been replaced with a connecting local road which improves traffic movement. A second cul- de-sac was deleted by providing a medium density block with internal private roads, rather than street town homes on a cul-de-sac. 10.2 The applications proposed a new development which will complete development in this area of Courtice to the southern boundary of the Urban Residential designation. The owner has concurrently submitted an amendment to draft approval of their easterly abutting parcel. The two (2) applications interconnect the road pattern and servicing to create more efficient traffic patterns and servicing. 10.3 There are existing regional services in the area for both municipal water and municipal sanitary service. Also, Durham Transit currently operates a bus route along Prestonvale Road between Southfield Drive and Claret Road, providing alternate 814 REPORT NO.: PSD-043-08 PAGE 8 transportation opportunities. Currently there is a neighbourhood park (Stuart Park) and a parkette (Glenabbey Parkette) for use of the future residents of this proposed plan of subdivision. There is also a park (0.738 ha) proposed in the easterly abutting draft approved plan of subdivision. 10.4 Prestonvale Road is anticipated to accommodate greater than typical volumes for a collector road. Council has made a number of decisions over the years in an effort to retain the collector road designation, which has led to permitting limited direct access to the road from residential lots. In response to staff comments the applicants revised the subdivision application to indicate lots with 15 metres of frontage, instead of the original 12.2 metres, to reduce the number of access points to Prestonvale Road. Staff are satisfied with this revision. 10.5 The northerly lands abutting the subject property are within a recently draft approved plan of subdivision (S-C-2007-0003, Prestonvale Land Corporation). The design of this subdivision has been coordinated with this application and the easterly abutting property to ensure there are pedestrian linkages for connection and the three subdivisions are engineered to convey storm water flows to shared stormwater management facilities. 10.6 Resident's Issues A few residents' have called and written the Municipality and an abutting property owner spoke at the Public Meeting held in November 2007. The issues are summarized and discussed as follows: • Don't want Glenabbey Drive to connect to Prestonvale and become a through street — Glenabbey Drive is a designated Collector Road, and as such as been developed with a minimum road width of 23.0 metres on the existing section abutting to the east. The function of a collector road is to gather traffic from local roads and guide them to arterial roads designed to carry higher volumes of traffic and higher speeds. The development of this south western portion of Courtice was designed to function with Glenabbey Drive as a collector road within the overall road network; • Don't want any development at all — This subdivision is located within the Urban Area boundary for Courtice since the approval of the Durham Regional Official Planning 1993 and the Clarington Official Plan in 1996. This development application will complete Glenabbey Drive by connecting the existing east and west segments. This will allow for the orderly completion of lands located between the draft approved subdivisions to the north and east and existing residential development to the west; • What will happen to the existing valley just east of Prestonvale Road — The existing valley located east of Prestonvale Road received approval from Central Lake Ontario Conservation to be filled prior to submission of this application; • There is no potential for connection to the southerly abutting property in the Future Urban Residential designation — Lands located to the south of this application are designated Future Urban Residential. Until such time as these lands are approved for development, a Neighbourhood Design Plan will not be completed. 815 REPORT NO.: PSD-043-08 PAGE 9 Thus, there are no street layouts, lotting patterns, parks or school locations contemplated. Until such time as a Neighbourhood Design Plan is completed it would be premature to extrapolate a street pattern by stubbing future road connections. 10.7 At the time the application was submitted there was an existing dwelling and accessory barn and shed were constructed in about 1890. A review of Clarington's inventory shows that none of the buildings are designated, nor have historical merit. The buildings were rundown and are not considered of historical value. They have been demolished and the filling of the existing valley has been with both CLOCA and Council approval. 10.8 Development of these lands and the lands subject to the adjacent amendment to draft approved Plan of Subdivision (18T-95028) requires the filling of the existing valley east of Prestonvale Road and north of the future Meadowglade Road. Approval for this work has been authorized by both CLOCA and the Municipality, through an Engineering Services report to Council, considered in July 2007 (EGD-047-07). An amendment for additional fill was approved by Council in March 2008 (EGD-017-08). 10.9 Since the public meeting held November 5, 2007, the applicant has been working on revisions addressing concerns from agencies. A significant concern of Clarington Engineering Services Department were the two storm water management facilities contained in the abutting draft plan of subdivision that service this draft plan of subdivision. Staff required information to ensure there was sufficient area being provided for the storm water management ponds to provide gentle slopes (5:1) that do not require fencing. Revised plans and the additional information were received March 20, 2007. Once this information was received, Staff were able to complete their review and prepare this report and conditions of draft approval. 10.10 For this development Staff is recommending site specific zoning to implement development standards with respect to lot coverage and garage projections. Concerns have been raised previously that with narrow lot development, builders develop at or close to the maximum lot coverage, thus requiring homeowners to obtain a minor variance for the construction of a deck or shed. The zoning recommended suggests a 5% difference between lot coverage for the dwelling and total lot coverage for all buildings and structures, thus leaving 5% lot coverage for homeowners to use for decks or sheds. 10.11 The applicant has applied for a zoning by-law amendment in support of this application and a proposed zoning by-law amendment is contained in Attachment 4. A holding symbol shall be placed on the property until such time as the subdivision agreement has been registered. Each proposed phase of development will require execution of a Subdivision Agreement with the Municipality. 10.12 The Owner and applicant have reviewed the Conditions of Draft Approval, and concur with the conditions, requesting two minor revisions as follows: 816 REPORT NO.: PSD-043-08 PAGE 10 i) The Lots and Blocks in Condition 16 be updated to reflect the most recent version of the proposed draft plan. Staff has completed this. ii) That Note 1, the timeframe for the lapse of draft approval be changed from three years to five years. Staff concur with this request in light of the timing of this subdivision, which requires certain works in the abutting subdivision 18T-95028, to be completed prior to beginning this Draft of Plan of Subdivision. 10.13 Clarington Finance advises that for the subject lands all taxes have been paid satisfactorily. 11.0 CONCLUSION 11.1 The applications have been reviewed in consideration of the comments received from circulated agencies, area residents, the Regional and Clarington Official Plan and Zoning By-law. The Owner has concurred with the Amended 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 contained in Attachment 2 be APPROVED subject to all the Amended Conditions of Draft Approval and that the rezoning as contained in Attachment 4 be APPROVED. Attachments: Attachment 1 — Key Map Attachment 2 — Proposed Draft Plan Attachment 3 — Conditions of Draft Approval Attachment 4 —Zoning By-law Amendment Attachment 5 — By-law Authorizing Subdivision Agreement Interested parties to be notified of Council and Committee's decision: 708545 Ontario Limited Sernas Associates Hugh Neill Chris Janusitis Diane Decoe Holly Moore Glenn Murphy, Intracorp 817 Attachment 1 To Report PSD-043-08 W C Q r 0 0 CO ao z° .� _o UJ ea °c °c c m OD U) N �? v N N C .. O J 0 Q } U m rn m CO m m Cn a. N C7 Co O z IL O O ® O ev N 0 m I I I I i 0 I 3 W _I I \ L I " 71 w 7 a O 7 m w z s J sx x x 7 I T I Attachment 2 To Report PSD-043-08 z _ M MM 0x !In E VP 6 O e l- -rir _! " 6 R �RRg Gp In p�p'iJ � - 1 . pal ssE3�� '7s � =�y$! CL 6Ei O�WmN Oa {{ Rl1C�+Y >tea-� � a d�d-R y ii�� �0 �U • a p �s ��7 � y a QR 3 O � � Q i �'R N V 2-J •� 1 ><r ti ice^ W1 400Q0�a� j' Z S 9 cn m Q. p� O0 g C O LO 7 \ \\ \ I Ira In \ \ 1 \ 1 1 � R I 1 gLl� O Ill 111 M 116 I 1 I M 50 M 1 tl F 1 I ti as 1 L I I d I 1 � 1l SL X18 d I,I rt3 rare - I I � 1. I 1 9 i 1 I n n ' „ " • �I 1 If] I m VI r21 Ill d N 1 w 21 _ r F� V _ p N � ' N ,f O1 N• r21 _— _ _`__= =_�`— r 1 i �nl) N 3.0 l• N 0 e� °roI 1>MM= T _� b I I L--- I W 1 ` O J ••�I �� N n" 1�1 I JJ.7 I 1 I I L--- I m��----I d -1 Q—I _ I L--- I WTI -� C) ----1 r--- I W L-----i r---! 1 o 1 y '— &0 S370 d3 N37D1 0Q Q Zi I I I i I I I 819 Attachment 3 To Report PSD-043-08 CONDITIONS OF DRAFT APPROVAL Part Lot 33, Concession 2, former Township of Darlington File No.: S-C-2007-0009 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2007-0009 prepared by Sernas Associates, identified as project number (project 95005), dated August 2007 and last revised December 2007, and further red-lined, which illustrates 64 lots for single detached dwellings, 3 partial lots for residential development, 2 blocks for servicing/ walkway, a 0.3 metre reserve block, and roadways. The red-line revisions shall include: i) The revised lot frontages of Lots 15, 16, 17, 18, 29, 30 and 31. 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 grant to the Region of Durham, any easements required for provision of Regional services for this development and these easements shall be in locations and of such widths as determined by the Region of Durham. 5. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommendations of the report, titled "Noise Impact Study — Nozdryn Development", dated August 2007, by Sernas Associates, which specifies noise attenuation measures for development. The measures shall be included in the subdivision agreement and must contain a full and complete reference to the noise report (ie. Author, title, date, and any revisions/addenda) and shall include warning clauses identified in the study. 6. 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 of Durham concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 7. 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. 8. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. The Municipality shall require the preparation of a subdivision agreement for each phase of development. 820 9. The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 10. 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. 11. The Owner shall submit a detailed tree preservation plan, to the satisfaction of the Municipality of Clarington. No trees shall be removed and no site grading commenced until such time as this program has been approved except as authorized by the Municipality. 12. 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. 13. The Owner shall be 100% responsible for the cost of a "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 14. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time exterior architectural design of each building has been approved by the Director of Planning Services. 15. The Owner agrees that no building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 16. Dwellings located on Lots 14, 15, 51 and 52, abutting Block 65, and Lots 55 and 56 abutting Block 66, shall have upgraded and enhanced side elevations to the Director of Planning Services satisfaction, facing Blocks 65 and 66 and Lots 14, 15, 51, 52, 55 and 56 shall have decorative fencing along the lot line adjacent to Block 65 and 66 to the satisfaction of the Director's of Planning Services and Engineering Services and illustrated on the Landscape Plan. 17. 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. Further, the Owner agrees that until such time as the necessary lands are acquired to complete Blocks 62 to 64 inclusive, these lands shall be graded and seeded. 18. The Owner shall submit a house siting plan for Lot 31, prior to final approval, indicating that a dwelling and driveway can be accommodated on the lot in accordance with all Municipal policies and by-laws. 19. The Owner agrees that no direct access shall be permitted to Meadowglade Road from Lots 1, 31, and 32. 821 20. The Owner shall submit a "Designated Substance Survey" to the Municipality of Clarington for the demolished buildings and structures at 2153 Prestonvale Road. 21. The Owner shall remove all existing buildings and structures that do not comply with the zoning by-law requirements prior to commencement of construction of the plan of subdivision. 22. Actual development of this subdivision cannot occur until such time as the construction of roads, stormwater management works, major overland flow routes and all other related works and services have been completed in the adjacent Springfields III subdivision (18T-95028). Servicing for both developments may also be permitted simultaneously. The actual timing for construction for this development will be determined solely at the discretion of the Director of Engineering Services. 23. All utilities such as hydro, telephone, cable television, etc. within the streets of this development shall be installed underground for both primary and secondary services. 24. Prior to the issuance of building permits adjacent to existing temporary turning circles, the Owner must provide for the removal of these existing temporary turning circles situated adjacent to the subdivision. 25. The Owner will be required to establish a geodetic benchmark in the vicinity of Prestonvale Road and Glenabbey Drive which will service as vertical control for the proposed development. The Owner will be 100% responsible for the cost of establishing this benchmark. 26. The Owner shall convey Blocks 65 and 66, with a minimum width of 6.0 metres to the Municipality of Clarington for a public walkway and storm water management purposes. The suitability of these Blocks and the hydrologic and hydraulic details are subject to the approval of the Director of Engineering Services prior to registration of this draft plan. 27. The Owner shall convey land to the Municipality of Clarington for park or other public recreational purposes in accordance with the provisions of the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance. 28. The Owner must provide documentation demonstrating proof of ownership of the unopened road allowance located between Lots 32 and 33, Concession 2, within the limits of this draft plan of subdivision, to the satisfaction of the Municipal Solicitor, prior to final approval. Alternatively, the Owner shall be required to make application to close and convey, at 100% cost to the Owner, including, but not limited to appraisal fees, legal fees, survey costs, advertising and land costs, etc., the road allowance between Lots 32 and 33, Concession 2, within the limits of this draft plan of subdivision, prior to final approval. 29. The Owner agrees to provide appropriate fencing along the rear of Lots 1-12, which are situated adjacent to Block 197 of 18T-95028, subject to the approval of the Director of Engineering Services. 822 30. The Owner shall prepare an Environmental Sustainability Plan, prior to final approval, 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 18T-95028. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan S-C-2007-0009, 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; 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. 31. The Owner shall prepare a Community Theme and Urban Design Implementation Plan, prior to final approval, 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 Emily Stowe Neighbourhood. This plan shall be consistent with the approved plan prepared by the Owner of the Plan of Subdivision 18T-95028. 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 buffers. 32. 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. 33. 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. 34. The Owner shall provide the Municipality, unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance 823 Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 35. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 36. The Owner shall supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan. 37. Prior to any on-site grading or construction or final approval of the plan, the Owner shall submit and obtain approval from the area municipality and Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Robinson Creek Master Drainage Plan and approved addendums; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; and c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report 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. 38. 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. 39. 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 (i.e., 911 Emergency Services). 824 40. The Owner shall agree in the Agreement, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada Facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements. 41. The Owner agrees to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. 42. 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. 43. The Owner shall ensure that all natural gas distribution systems are installed within the proposed road allowances. 44. 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. 45. 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, other local services and all internal and external works and services related to this proposal. 46. 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. 47. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees to carry out the works referred to in Conditions 37 and 38 to the satisfaction of the Central Lake Ontario Conservation Authority. c) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the 825 construction period, in a manner acceptable to the Central Lake Ontario Conservation Authority. d) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of any on-site works. e) The Owner agrees to register on the title of all lots a notice to indicate that both the present Owner(s) and future Owner(s) are fully aware of the existence of farming operations nearby and will not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices. 48. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning Department, how Conditions 4, 6, 12, 44 and 46 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 37, 38, 47b), c), and d) have been satisfied; c) Bell Canada how Conditions 39 and 40 has been satisfied; and d) Enbridge Gas Distribution Inc. how Conditions 41, 42, and 43 have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within five (5) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. 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: 826 a) Durham Region Planning Department, 605 Rossland Road East, PO Box 623, Whitby, ON L1 N 6A3 (905) 668-7721 b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, LIH 3T3 (905) 579-0411. c) Bell, Development & Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough, ON M1 P 4W2 d) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1K 5E3 827 Attachment 4 To Report PSD-043-08 THE 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 former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement S-C-2007-0009 and ZBA2006-0038; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 13.4, "Special Exception— Urban Residential Type Two (R2) Zone" is hereby amended by adding new Special Exceptions as follows: "Section 13.4.59 URBAN RESIDENTIAL EXCEPTION (R2-59)ZONE Notwithstanding Sections 3.1 i) iii),13.2 a), b), c) i), ii), iii), e), and h) those lands zoned R2-59 on the 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 11 metres ii) Exterior Lot 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 metres on one side, 0.6 metres on the other side; without private garage or carport, 3.0 metres on one side, 0.6 metres on the other side d) Lot Coverage(maximum) i) Dwelling 40 percent ii) Total of all buildings and structures 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. Section 13.4.60 URBAN RESIDENTIAL EXCEPTION (R2-60)ZONE Notwithstanding Sections 3.1 i) iii), 13.2 a), c) i), ii), iii), e), g), and h) those lands zoned R2-60 on the Schedules to this By-law shall be subject to the following regulations: 828 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 metres on one side, 0.6 metres on the other side; without private garage or carport, 3.0 metres on one side, 0.6 metres on the other side d) Lot Coverage(maximum) i) Dwelling 40 percent ii) Total of all buildings and structures 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) Height(maximum) i) 1 Storey dwelling 8.5 metres ii) All other residential units 10.5 metres" 2. Schedule "4"to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)"to"Holding - Urban Residential Exception ((H) R1- 70)Zone"; "Agricultural (A) to "Holding - Urban Residential Exception ((H) R2- 59)Zone"; and "Agricultural (A) to "Holding - Urban Residential Exception ((H)R2- 60)Zone" as illustrated on the attached Schedule"A"hereto. 3. Schedule"A"attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 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 829 Attachment 5 To Report PSD-043-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to authorize entering into an Agreement with the Owners of Draft Plan of Subdivision S-C-2007-0009, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of S-C-2007-0009 WHEREAS, the Owner(s)of Draft Plan of Subdivision S-C-2007-0009 is now ready to proceed to finalize the Subdivision Agreement; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and 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 between the Owners of Draft Plan of Subdivision S-C-2007-0009. 2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality of Clarington, the said 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 830 This is Schedule to By-law 200 passed day of 1 1 ?CRY_;���0� : 00 � 00 mg 00 Am 614,58PAPOR11 ISM NONE ■� , 111 :�C •: •, . •C -� :5 -�E-Cp all . i � ��I: 111111111�� �� •° - • . ������0 �' = 11111 ���!�'-•• 1 111-X111111111111 1��� 111111'IIi �`i� 1111 ,���;�� ��\111111 iil�llllllllll�l� - u�;,,,,````��Qnnul IIIIIIIIIIIIIII�I%° • Le ;n$� �wQy REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 28, 2008 Report#: PSD-044-08 File #: 18T-95028 By-law #: and ZBA2007-0039 Subject: APPLICATION FOR PROPOSED AMENDMENT TO DRAFT APPROVAL OF A DRAFT APPROVED PLAN OF SUBDIVISION AND A ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-044-08 be received; 2. THAT the application for proposed amendment draft approval for Draft Plan of Subdivision 18T-95028 submitted by 708545 Ontario Limited be APPROVED, subject to the conditions as contained in Attachment 3; 3. THAT the Zoning By-law Amendment application submitted by 708545 Ontario Limited be APPROVED, as contained in Attachment 4; 4. THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision 18T-95028 and the Municipality of Clarington be APPROVED as contained in Attachment 5 and forwarded to Council for APPROVAL; 5. THAT the Region of Durham 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 delegation be advised of Council's decision. 832 REPORT NO.: PSD-044-08 PAGE 2 Submitted by: Reviewed by: David I Orome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA/CP/DJC/df April 21, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 833 REPORT NO.: PSD-044-08 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: 708545 Ontario Limited 1.2 Owner: 708545 Ontario Limited 1.3 Applications: Amendment to Draft Approved Plan of Subdivision: Residential plan of subdivision for a total of 225 dwelling units comprised of 188 single detached dwelling units on 9.0, 10.0, 11.0, and 12.2 metre lots and 37 townhouse units. Zoning By-law Amendment: To rezone the subject lands from "Environmental Protection (EP), "Holding — Urban Residential Exception ((H)R3-20)", "Holding — Urban Residential Exception ((H)R1-45)", Holding — Urban Residential Exception ((H)R1-47)" and "Holding — Urban Residential ((H)R2-24)° to appropriate zones to permit the proposed amendment to the draft approved plan of subdivision. 1.4 Site Area: 18.147 ha 1.5 Location: The subject lands are located in the Courtice Urban Area, east of Prestonvale Road and north of the extension of Meadowglade Road (Attachment 1). The property is contained within Part Lots 31, 32 & 33, and part of the road allowance between Lots 32 and 33, Concession 2, in the former Township of Darlington. 2.0 BACKGROUND 2.1 On August 8, 2007 708545 Ontario Limited submitted applications to the Municipality of Clarington for amendment to a Draft Approved Plan of Subdivision and Zoning By-law Amendment for the development of 225 dwellings. 2.2 An Environmental Site Assessment, Functional Servicing Report, Noise Impact Study and a Parking Plan accompanied the applications. These are summarized in Section 7.0 of this report. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is currently vacant as the previously existing barn and farm house have been removed. Historically, the property was used for agriculture. 834 REPORT NO.: PSD-044-08 PAGE 4 3.2 Surrounding Uses: North: existing urban residential South: rural residential lots and lands designated Future Urban Residential East: large rural residential properties West: lands subject to draft plan of subdivision S-C-2007-0009 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) states that all new development should occur adjacent to the existing built-up area, and have a compact form. There should be efficient use of infrastructure including water and sanitary services and existing road networks. Development should be phased to ensure the orderly progression of development within a designated growth area. This application is within a planned neighbourhood, the Emily Stowe Neighbourhood. Servicing is available for this development and there is an existing road network of collector and arterial roads with capacity to accommodate traffic from the proposed subdivision. The application conforms with the Provincial Policy Statement. 4.2 Provincial Growth Plan This application is considered Greenfield development in the Growth Plan. Greenfield developments are to be planned, designated, zoned and designed to create street patterns, densities and urban form that promote walking, use of transit, a mix of residential land uses, and high quality public open spaces. This application is located within the Courtice Urban Area boundary, is designated Urban Residential and is located with an approved Neighbourhood Design Plan. This application, in conjunction with the application for draft plan of subdivision on the westerly abutting property provides pedestrian walkways for ease of walking to existing transit stops, parks and open space blocks connected by a trail, and a variety of housing forms, from townhouses to large lot single detached dwellings. The application conforms to the Provincial Growth Plan. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the land "Living Area". Lands designated "Living Areas shall be predominantly used for housing purposes. Development in urban areas shall have regard for: compact urban form; the use of good urban design principles; use a grid street pattern; provide for parks; access to transit; the capacity of existing services; and, the balance between energy efficiency and cost. 5.2 Clarington Official Plan The Clarington Official Plan designates the land "Urban Residential" and "Environmental Protection Area". This area is slated for low density development. Low Density 835 REPORT NO.: PSD-044-08 PAGE 5 development allows for development between 10-30 units per net ha, and is predominantly for single detached and semi-detached dwellings. The area designated Environmental Protection Area has been further defined by the Neighbourhood Design Plan (approved in November 1999) and is aligned with the storm water management facility, shown as Block 196. A portion of these lands have been previously transferred to the Municipality of Clarington for storm water purposes at the time of development north of the subject lands. The Clarington Official Plan designates both Prestonvale Road and Glenabbey Drive as collector roads. Prestonvale Road is existing, and this application for draft amendment to Draft Plan of Subdivision includes a new section of Glenabbey Drive. Street 'B' is a local road linking homeowner's to the future Meadowglade Road, a Type `C' arterial road, east of Prestonvale Road. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended, zones the subject land "Environmental Protection (EP)", "Holding - Urban Residential Exception ((H)R3-20)", "Holding — Urban Residential Exception ((H)R1-45)", Holding — Urban Residential Exception ((H)R1-47)" and "Holding — Urban Residential ((H)R2-24)". The recommendations of this report support a rezoning to implement the proposed amendment to the Draft Plan of Subdivision. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Environmental Site Assessment Phase 1 The Environmental Site Assessment, Phase 1 by Soil Engineers Ltd. was done in August 2007 and was done simultaneously for this amendment to draft approval and a new draft plan of subdivision on the abutting property subject (concurrent application by same owners). The study indicates that the majority of the site has previously been used for agricultural purposes and rural residential. The study reviewed historical records, observations of adjacent properties, geotechnical investigation findings and a building audit. The geotechnical investigation consisted of 15 boreholes to a depth ranging from 4.7 m to 9.6 metres. No obvious signs of soil contamination were found from the test soil. It is also recommended that any domestic wells and sewage disposal systems that are found during construction be properly decommissioned. A condition of draft approval requires documentation that this work was property done. 7.2 Functional Servicing Report A Storm Water Servicing Scheme was submitted in 1995 with the submission of the original application for Draft Plan of Subdivision. This stormwater management plan has been updated and now includes the abutting draft plan. The two plans of 836 REPORT NO.: PSD-044-08 PAGE 6 subdivision are coordinated to share storm water management ponds, storm water pipes and overland flow routes. The Report was reviewed in detail by Engineering Services Department and found to be satisfactory. 7.3 Noise Impact Study A Noise Impact Study was completed by Sernas Associates in July 2007. The results of this study indicate that the lots abutting Meadowglade Road (Lots 15, 16, 58, 59, 135, 136, 160, 161, 187 & 188) will require noise fencing around their rear and exterior side yards and will have 'forced air ducts' to accommodate optional air conditioning. Other lots in close proximity to Meadowglade Road will also be required to be ducted to accommodate optional air conditioning. Warning clauses are contained in the conditions of draft approval and the future subdivision agreement that alert homeowners to the potential for noise volumes generated by traffic along Prestonvale Road and Meadowglade Road. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Also three (3) public meeting notice signs were installed on the property along the Prestonvale Road, Glenabbey Drive, and Granville Drive frontages. 8.2 A few inquiries have been received by Staff regarding this application and the concurrent application to the east. Their comments include: • don't want Glenabbey to connect to Prestonvale and become a through street; • don't want any development at all; • what will happen to the existing valley just east of Prestonvale Road; and • there is no potential for connection to the southerly abutting property in the Future Urban Residential designation. Further discussion is contained in Section 10. 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. 9.2 Clarington Emergency Services, Hydro One Networks Inc., and Rogers Cable have no objections to this proposal. 9.3 Durham Region Planning Department finds the application to be in conformity with the Regional Official Plan. They have advised that there are no servicing issues associated with the proposed development and provided conditions of draft approval that will need to be complied with prior to clearance by the Region for registration of this plan. 837 REPORT NO.: PSD-044-08 PAGE 7 9.4 The Kawartha Pine Ridge District School Board requests that adequate provision be made for sidewalks in this development. The Board has no other comments or concerns at this time. 9.5 Enbridge and Bell offered no objections to the proposal. Each agency provided standard conditions to be included in the Conditions of Draft approval. 9.6 Clarington Engineering Services has reviewed the applications and find the proposed development acceptable. The On-Street Parking Plan was found to be satisfactory. Their conditions and requirements are contained in the Conditions of Draft Approval. 10.0 STAFF COMMENTS 10.1 The Owner has submitted this amendment to Draft Approval and Zoning By-law Amendment, in conjunction with their concurrent applications for a new Draft Plan of Subdivision and related Zoning By-law Amendment abutting Prestonvale Road to the west. The amendment to draft approval will interconnect the road pattern and servicing, creating more efficient traffic patterns. This subdivision plan will be accessed in three locations, by collector roads at Prestonvale Road and Glenabbey Drive at the north end, the new Type 'C' arterial, Meadowglade Road, and by the extension of a local road, Granville Drive in the eastern portion of the plan. 10.2 Development of these lands and the lands subject to the adjacent amendment to Draft Approved Plan of Subdivision (18T-95028) requires the filling of the existing valley east of Prestonvale Road and north of the future Meadowglade Road. Approval for this work has been authorized by both CLOCA and the Municipality, through an Engineering Services report to Council, considered in July 2007 (EGD-047-07). An amendment for additional fill was approved by Council in March 2008 (EGD-017-08). 10.3 There are existing regional services in the area for both municipal water and municipal sanitary service. Also, Durham Transit currently operates a bus route along Prestonvale Road between Southfield Drive and Claret Road, and along Sandringham Drive, providing alternate transportation opportunities. 10.4 Currently there is a neighbourhood park (Stuart Park) and a parkette (Glenabbey Parkette) for use of the future residents of this proposed plan of subdivision. The application for amendment to the Plan of Subdivision proposes a small addition to the Glenabbey Parkette and a new parkette (yet unnamed) that will be accessed by the existing John Walter Crescent and by future residents of this development. The new parkette will have approximately 75 metres of road frontage, creating views of the parkette for the residences and open access. 10.5 The proposed subdivision is located in the Emily Stowe Neighbourhood, which has an approved Neighbourhood Design Plan dated November 1999. The application as submitted improves upon the street layout originally contemplated in 1999 by providing an interconnecting street pattern with the proposed draft of subdivision located to the west. The Neighbourhood Design Plan and the previously Draft Approved Plan of 838 REPORT NO.: PSD-044-08 PAGE 8 Subdivision contained a total of 61 on-street townhouse units on 6.0 metre frontages, scattered throughout this plan area. The amended plan contains 37 townhouse units, all of which will have access on an internal private road in the townhouse development on Block 189. Also, a cul-de-sac located in the eastern portion of the subdivision plan has been eliminated and replaced with a block townhouse development (Block 189). 10.6 Block 189, medium density block, will require site plan approval prior to development. The site plan will examine in detail, access to the block, parking, building layout, building design, landscaping, private and common amenity areas, lighting, waste disposal, etc. The applicant has noted 37 townhouse units at this time, but the layout of the private roads and lotting pattern on the block are not part of the approval of the amendment to Draft Approved Plan of Subdivision. 10.7 Resident's Issues A few residents' have called and written the Municipality and an abutting property owner spoke at the Public Meeting held in November 2007. The issues are summarized and discussed as follows: • Don't want Glenabbey Drive to connect to Prestonvale and become a through street — Glenabbey Drive is a designated Collector Road, and as such as been developed with a minimum road width of 23.0 metres on the existing section abutting to the east. The function of a collector road is to gather traffic from local roads and guide them to arterial roads designed to carry higher volumes of traffic and higher speeds. The development of this south western portion of Courtice was designed to function with Glenabbey Drive as a collector road within the overall road network; • Don't want any development at all — This subdivision is located within the Urban Area boundary for Courtice since the approval of the Durham Regional Official Planning 1993 and the Clarington Official Plan in 1996. This development application will complete Glenabbey Drive by connecting the existing east and west segments. This will allow for the orderly completion of lands located between the draft approved subdivisions to the north and east and existing residential development to the west; • What will happen to the existing valley just east of Prestonvale Road — The existing valley located east of Prestonvale Road received approval from Central Lake Ontario Conservation to be filled prior to submission of this application; and • There is no potential for connection to the southerly abutting property in the Future Urban Residential designation — Lands located to the south of this application are designated Future Urban Residential. Until such time as these lands are approved for development, a Neighbourhood Design Plan is generally not undertaken. Thus, there are no street layouts, lotting patterns, parks or school locations contemplated. Until such time as a Neighbourhood Design Plan is completed it would be premature to extrapolate a street pattern by stubbing future road connections. It should be noted however that there is potential for road connection as Street 'B' could continue south from Meadowglade Road in the future. 839 REPORT NO.: PSD-044-08 PAGE 9 10.8 The draft plan as submitted includes lands owned by the Municipality of Clarington that were previously conveyed for storm water management purposes. These lands include a portion of Lots 57-66, Lots 85-86, Lot 118 and Blocks 190, 191 and 192. The Owner has satisfied the Municipality that these lands may be transferred back to private ownership as they are not required for any current or future storm water management purposes. The Municipality has begun work on the appraisal of the above-specified lands for the Owner's purchase. The acquisition of these lands is contained as a Condition of Draft Approval. 10.9 Since the public meeting held November 5, 2007, the applicant has been working on revisions addressing concerns from agencies. A concern of Clarington Engineering Services Department were the two storm water management facilities contained in the abutting draft plan of subdivision that service this draft plan of subdivision. Staff required information to ensure there was sufficient area being provided for the storm water management ponds to provide gentle slopes (5:1) that do not require fencing. Final revised plans and the additional information were received March 20, 2007. Once this information was received, Staff were able to complete their review and prepare this report and conditions of draft approval. 10.10 The Municipality of Clarington recently undertook a Financial Impact Study to review the financial impact of development in Clarington. As a result of this study it was determined that for development, meeting all other requirements, where the Owner wishes to proceed prior to the Municipality approving the expenditure of funds for the provision of certain works in a draft plan or external works or services in its capital budget to service development, the Owner is responsible for 100% of all required works. The Municipality will also not leverage the future finances of Clarington to repay the developer the as-built costs at a later time. As such, the construction of Meadowglade Boulevard, a Type 'C' Arterial, is 100% the responsibility of the Owner and is contained as a condition of draft approval, should the Owner proceed in advance of the necessary budget approvals from Council. 10.11 For this development Staff is recommending site specific zoning to implement development standards with respect to lot coverage and garage projections. Concerns have been raised previously that with narrow lot development, builders develop at or close to the maximum lot coverage, thus requiring homeowners to obtain a minor variance for the construction of a deck or shed. The zoning recommended suggests a 5% difference between lot coverage for the dwelling and total lot coverage for all buildings and structures, thus leaving 5% lot coverage for homeowners to use for decks or sheds. 10.12 The applicant has applied for a zoning by-law amendment in support of this application and a proposed zoning by-law amendment is contained in Attachment 4. A holding symbol shall be placed on the property until such time as the subdivision agreement has been registered. Each proposed phase of development will require execution of a subdivision agreement with the Municipality. 840 REPORT NO.: PSD-044-08 PAGE 10 10.13 The Owner and applicant have reviewed the Conditions of Draft Approval, and concur with the conditions, requesting a minor revision as follows: i) That Note 1, the timeframe for the lapse of Draft Approval be changed from three years to five years. Staff concur with this request in light of the number of new lots proposed and that phasing of the Draft Plan of Subdivision is proposed. 10.14 Inasmuch as this is an amendment to draft approval, a by-law authorizing staff to enter into a subdivision agreement, a review of the original file indicates an authorizing by-law was not approved. Thus, the By-law is attached to this report (Attachment 5). 10.15 Clarington Finance advises that for the subject lands all taxes have been paid satisfactorily. 11.0 CONCLUSION 11.1 The applications have been reviewed in consideration of the comments received from circulated agencies, area residents, the Regional and Clarington Official Plan and Zoning By-law. The Owner has concurred with the 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 contained in Attachment 2 be APPROVED subject to all the Conditions of Draft Approval and that the rezoning as contained in Attachment 4 be APPROVED. Attachments: Attachment 1 — Key Map Attachment 2 — Proposed Draft Plan Attachment 3 — Conditions of Draft Approval Attachment 4 —Zoning By-law Amendment Attachment 5 — By-law Authorizing Subdivision Agreement Interested parties to be notified of Council and Committee's decision: 708545 Ontario Limited Sernas Associates Hugh Neill Chris Janusitis Diane Decoe Holly Moore Intracorp 841 i�ski •�rl;� dh .. 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Ell 7 843 Attachment 3 To Report PSD-044-08 CONDITIONS OF AMENDMENT TO DRAFT APPROVAL Part Lots 32 and 33, Concession 2, former Twp. of Darlington File No.: 18T-95028 PLAN IDENTIFICATION 1. That the Conditions of Draft Approval issued December 23, 1999 for Plan of Subdivision application 18T-95028 be WITHDRAWN and REPLACED with the following. 2. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-95028 prepared by Sernas Associates identified as project number (project 95005P), as revised December 2007 and further red-lined, which illustrates 188 single detached units, a residential block for 37 townhouse units, 3 partial lots for residential development, a parkette block, a park block, 3 blocks for storm water facilities, three 0.3 metre reserve block, a reserved by owner block, roadways and road widenings. The red-line revisions shall include: i) The west boundary of Block 198, storm water management facility, shall be aligned with Street D, to include the same area, 2.231 ha, more or less; and ii) The revised lot frontages of Lots 8, 15, 16, 18, 59, 62, 134, 135, 160, 161, 162 and 163. 3. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 4. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 5. The Owner shall grant to the Region of Durham, any easements required for provision of Regional services for this development and these easements shall be in locations and of such widths as determined by the Region of Durham. 6. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommendations of the report, titled "Noise Impact Study — Springfield's, Phase III", dated July 2007, by Sernas Associates, which specifies noise attenuation measures for development. The measures shall be included in the subdivision agreement and must contain a full and complete reference to the noise report (ie. Author, title, date, and any revisions/addenda) and shall include warning clauses identified in the study. 7. 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 844 sewer and water supply facilities within the limits of the plan which are required to service other development external to this subdivision. Such sanitary sewer and water supply facilities are to be designated and constructed according to the standards and requirements of the Region of Durham. All arrangements, financial and otherwise for said extensions are to be made to the satisfaction of the Region of Durham, and are to completed prior to final approval of this plan. 8. 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 of Durham concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 9. 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. 10. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. The Municipality shall require the preparation of a separate subdivision agreement for each phase of development. 11. The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 12. 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. 13. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed and no site grading commenced until such time as this program has been approved except as authorized by the Municipality. 14. 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. 15. The Owner shall be 100% responsible for the cost of the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 16. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time exterior architectural design of each building has been approved by the Director of Planning Services. 17. The Owner agrees that no building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the exterior architectural design 845 of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 18. 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. Further, the Owner agrees that until such time as the necessary lands are acquired to complete Blocks 190 to 192 inclusive, these lands shall be graded and seeded. 19. The Owner agrees to dedicate Blocks 194 and 195 for park purposes. 20. The Owner shall prepare a conceptual park plan including proposed grading to demonstrate that the proposed park size, configuration and topography will allow for the construction of park facilities to the satisfaction of the Director of Engineering Services. 21. The Owner is required to provide the park sites, Blocks 194 and 195, graded in accordance with the park concept plan for the subdivision, and shall include storm water servicing. Further the park sites must be fenced and seeded with a minimum cover of 200 mm of topsoil. Servicing such as hydro, sanitary sewer and water should be stubbed at the property line along the park frontage. 22. The Owner shall convey a 5.75 metre road widening (Block 199), along Prestonvale Road to the Municipality of Clarington for the purpose of widening Prestonvale Road. 23. The Owner agrees to dedicate Block 196 for storm water control and open space purposes, Block 197 for a storm water facility and Block 198, as red-line revised, for a storm water facility. 24. Any land transfers that will be necessary to facilitate the creation of Lots 57-66 inclusive, Lots 85-86, Lot 118 and Blocks 190-192 inclusive, as well as the development of the subdivision, must be completed to the satisfaction of the Municipality of Clarington, prior to the final approval of this plan. 25. The Owner agrees that no direct access shall be permitted to Meadowglade Road from Lots 15, 16, 58, 59, 135, 136, 160, 161, and 188. 26. The Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 27. The Owner agrees, that in conjunction with the development of this plan of subdivision, to construct Glenabbey Drive from the west limit of this plan of subdivision westerly to connect with Prestonvale Road. The phasing of the development of this plan of subdivision will incorporate the construction of Glenabbey Drive from the west limit of this plan of subdivision westerly to connect to Prestonvale Road. The phasing of this will be dependant on the vehicular and construction access needs of this development and will be determined at the engineering stage and shall be at the sole discretion of the Director of Engineering Services. 846 28. Meadowglade Road must be constructed, as a Type `C' Arterial Road, to Prestonvale Road from the easterly limit of the draft plan. Temporary turning circles may be required depending upon the phasing of the development. The need for any additional temporary turning circles and frozen lots will be determined at the engineering stage solely at the discretion of the Director of Engineering Services. 29. The Owner agrees 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: • The construction of Meadowglade Road, as a Type `C' Arterial from Prestonvale Road to the easterly limit of this draft plan of subdivision. 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. 30. The Owner will be required to provide securities in the amount of 100% of the cost of constructing Meadowglade Road as a Type 'C' Arterial based on the construction cost estimate. The securities must 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 Meadowglade Road will be 100% the responsibility of the Owner. 31. The Owner agrees that in conjunction with the development of this plan of subdivision, the Owner is responsible for the removal of the existing temporary turning circle at the existing limit of Glenabbey Drive. The Owner must reconstruct the intersection of Glenabbey Drive and Street "B" to an urban standard, including asphalt paving, curb and gutter, boulevard sodding, sidewalks, street lighting and street trees. 32. The Owner agrees that in conjunction with the development of this plan of subdivision, the Owner is responsible for the removal of the existing roadworks at the existing intersection of Granville Drive and John Walter Crescent. The Owner must reconstruct the intersection of Granville Drive, John Walter Crescent and Wade Square to an urban standard, including asphalt paving, curb and gutter, boulevard sodding, sidewalks, street lighting and street trees. 33. The Owner agrees that the stormwater drainage works and facilities necessary for this development must be constructed in accordance with the Robinson Creek Master Drainage Study prepared by G.M. Sernas Associates and as finally approved by the Director of Engineering Services. 847 34. The Owner agrees to prepare a Master Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. Sheet flow onto adjacent property will not be permitted. 35. The Owner agrees to provide a stormwater management implementation report, which provides for the sequential construction of the storm water works necessary for the entire watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. Any necessary land acquisitions or easements must be identified at this stage of the project. This report shall be subject to the approval of the Director of Engineering Services. 36. The Owner agrees to provide appropriate fencing along any property line of a residential lot which is situated adjacent to Blocks 194, 195, 196 and 197 subject to the approval of the Director of Engineering Services. 37. The Owner agrees to provide a walkway to the satisfaction of the Director of Engineering Services between Block 195 and Block 51 on registered Plan of Subdivision 40M-1709. 38. The Owner will be required to establish a geodetic benchmark in the vicinity of Meadowglade Road and Prestonvale Road which will service as vertical control for the proposed development. The Owner will be 100% responsible for the cost of establishing this benchmark. 39. The Owner agrees to dedicate Block 193 free and clear of all encumbrances to the Owner of Lot 41 on Registered Plan of Subdivision 40M-1669. 40. The Owner shall cause all utilities, including, hydro, telephone, cable television, etc. to be buried underground for both primary and secondary services. 41. 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-2007-0009. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan 18T-95028, 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; 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 848 iv) The preparation of a community education hand-book on the environmentally sensitive areas in the neighbourhood. 42. 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 Emily Stowe Neighbourhood. This plan shall be consistent with the approved plan prepared by the Owner of the Plan of Subdivision S-C-2007-0009. 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 buffers. 43. 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. 44. 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. 45. 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. 46. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 47. The Owner shall supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan. 48. Prior to any on-site grading or construction or final approval of the plan, the Owner shall submit and obtain approval from the area municipality and Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the 849 provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Robinson Creek Master Drainage Plan and approved addendums; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; and C) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the Provincial Guidelines. The report 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. 49. That prior to final approval of the plan, the Owner shall submit and obtain approval from the Central Lake Ontario Conservation Authority, for a report and detailed design drawings which show that no residential lots or roadways are impacted upon by stormwater flows to be conveyed through Block 196. This report and plans shall also show any works to be carried out on the existing stormwater detention pond. 50. The prior to final approval of the plan, the Owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority of detailed design drawings for the proposed water quality facility in Block 197. The Owner must also obtain land tenure over any lands on which the proposed facility is to be constructed. 51. 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. 52. 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 (i.e., 911 Emergency Services). 53. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In 'the event of any conflict with existing Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements. 850 54. The Owner agrees to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. 55. 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. 56. The Owner shall ensure that all natural gas distribution systems are installed within the proposed road allowances. 57. 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. 58. 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. 59. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees to carry out the works referred to in Conditions 48, 49, 50 and 51 to the satisfaction of the Central Lake Ontario Conservation Authority. c) 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. d) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of any on-site works. e) The Owner agrees to register on the title of all lots a notice to indicate that both the present Owner(s) and future Owner(s) are fully aware of the existence of farming operations nearby and will not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices. 60. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Region Planning Department, how Conditions 5, 7, 8, 14 and 58 have been satisfied; 851 b) Central Lake Ontario Conservation Authority, how Conditions 48, 49, 50, 51 and 59 b), c), and d) have been satisfied; c) Bell Canada how Conditions 52 and 53 have been satisfied; and d) Enbridge Gas how Conditions 54, 55 and 56 have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within five (5) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. 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: a) Durham Region Planning Department, 605 Rossland Road East, PO Box 623, Whitby, ON L1N 6A3 (905) 668-7721; b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, LIH 3T3 (905) 579-0411; C) Bell, Development & Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough, ON M1 P 4W2; and d) Enbridge Gas Distribution Inc. P.O. Box 650, Scarborough, ON M1 K 5E3 852 Attachment 4 To Report PSD-044-08 THE 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 former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement 18T-95028 and ZBA2006-0039; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 13.4.58 URBAN RESIDENTIAL EXCEPTION (R2-58) ZONE Notwithstanding Sections 3.1 i) iii), 13.2 a), b), c) i), ii), iii), e), and h)those lands zoned R2-58 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 10 metres ii) Exterior Lot 13 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 metres on one side, 0.6 metres on the other side without private garage or carport, 3.0 metres on one side, 0.6 metres on the other side d) Lot Coverage (maximum) i) Dwelling 40 percent ii) Total of all buildings and structures 45 percent e) Driveway width (maximum) 4.6 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 or covered porch projection. ii) The outside width of the garage shall be a maximum of 40% of the width of the house. Section 13.4.59 URBAN RESIDENTIAL EXCEPTION (R2-59)ZONE Notwithstanding Sections 3.1 i) iii), 13.2 a), b), c) i), ii), iii), e), and h)those lands zoned R2-59 on the Schedules to this By-law shall be subject to the following regulations: 853 a) Lot Area (minimum) 330 square metres b) Lot Frontage(minimum) i) Interior Lot 11 metres ii) Exterior Lot 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 metres on one side, 0.6 metres on the other side without private garage or carport, 3.0 metres on one side, 0.6 metres on the other side d) Lot Coverage (maximum) i) Dwelling 40 percent ii) Total of all buildings and structures 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. Section 13.4.60 URBAN RESIDENTIAL EXCEPTION (R2-60)ZONE Notwithstanding Sections 3.1 i) iii), 13.2 a), c) i), ii), iii), e), g), and h) those lands zoned R2-60 on the Schedules to this By-law shall be subject to the following regulations: 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 metres on one side, 0.6 metres on the other side without private garage or carport, 3.0 metres on one side, 0.6 metres on the other side d) Lot Coverage(maximum) i) Dwelling 40 percent ii) Total of all buildings and structures 45 percent 854 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) Height(maximum) i) 1 Storey dwelling 8.5 metres ii) All other residential units 10.5 metres" Section 12.4.61 URBAN RESIDENTIAL EXCEPTION (R2-61)ZONE Notwithstanding Sections 3.1 i) iii), 13.2a, b i), ii), c) i), ii), iii), and e), the lands zoned R2-61 on the Schedules to this By-law shall be subject to the following regulations: a) Lot Area (minimum) 270 square metres b) Lot Frontage(minimum) i) Interior Lot 9 metres ii) Exterior Lot 12 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 metres on one side, 0.6 metres on the other side without private garage or carport, 3.0 metres on one side, 0.6 metres on the other side d) Lot Coverage(maximum) i) Dwelling 40 percent ii) Total of all buildings and structures 45 percent e) Driveway width (maximum) 4.6 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 or covered porch projection. ii) The outside width of the garage shall be a maximum of 40%of the width of the house." 2. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)"to"Environmental Protection (EP)Zone"; "Holding - Urban Residential Exception ((H)R3-20)" to "Holding - Urban Residential Exception ((H)R2-59)Zone"; "Holding - Urban Residential Exception ((H)R3-20)" to "Holding - Urban Residential Exception ((H)R2-60)Zone"; "Holding - Urban Residential Exception ((H)R3-20)" to "Holding - Urban Residential Exception ((H)R2-61)Zone"; "Holding - Urban Residential Exception ((H)R1-45)" to "Holding - Urban Residential Exception ((H)R2-59)Zone"; "Holding - Urban Residential Exception ((H)R1-45)" to "Holding - Urban Residential Exception ((H)R2-60)Zone"; 855 "Holding - Urban Residential Exception ((H)R1-45)" to "Holding - Urban Residential Exception ((H)R2-61)Zone"; "Holding - Urban Residential Exception ((H)R2-24)" to "Holding - Urban Residential Exception ((H)R2-59)Zone"; "Holding - Urban Residential Exception ((H)R2-24)" to "Holding - Urban Residential Exception ((H)R2-60)Zone"; "Holding - Urban Residential Exception ((H)R2-24)" to "Holding - Urban Residential Exception ((H)R2-61)Zone"; "Urban Residential Exception ((H)R2-24)" to "Holding - Urban Residential Exception((H)R2-60)Zone"; "Urban Residential Exception ((H)R2-24)" to "Holding - Urban Residential Exception ((H)R2-61)Zone"; "Holding - Urban Residential Exception ((H)R1-47)" to "Holding - Urban Residential Exception ((H)R2-60)Zone"; "Holding - Urban Residential Exception ((H)R1-47)" to "Holding - Urban Residential Exception ((H)R2-61)Zone"; "Holding - Urban Residential Exception ((H)R1-47)" to "Holding - Urban Residential Type Three(R3)Zone";-and- "Holding — Urban Residential Exception ((H)R2-24)" to "Holding — Urban Residential Type Three((H)R3)"; G„d (CH)23-20)" +a "a P" as illustrated on the attached Schedule"A"hereto. 3. Schedule"A"attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 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 856 This is • - to 11 ' passed this day of 1 1 A.D. iv i �i��iii•••.: i .. .'-!,' �1: �.i����••rte•.. ��``C Q\ i • ■ 11 •� 1 • Attachment 5 To Report PSD-044-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to authorize entering into an agreement with the Owners of draft plan 18T-95028, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 18T-95028 WHEREAS, the Owner(s) of Draft Plan of Subdivision 18T-95028 is now ready to proceed to finalize the Subdivision Agreement; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and 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 between the Owner(s) of Draft Plan of Subdivision 18T-95028. 2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality of Clarington, the said 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 858 1 n Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 28, 2008 . Resolution #: Report#: EGD-023-08 File #: B.01.17.007 By-law#: Subject: MARTIN GREEN SUBDIVISION, PLAN 40M-2125, BOWMANVILLE, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-023-08 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2125; and 3. THAT Council approve the by-laws attached to Report EGD-023-08, assuming certain streets within Plan 40M-2125, Plan 40R-18009, and Plan 40R-25311 as public highway. Respectfully, Submitted by: Reviewed b . A.S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/NAC/jo April 18, 2008 901 REPORT NO.: EGD-023-08 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered October 21, 2002, with 1064055 Ontario Inc. to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M- 2125 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Street Lighting System; c) Final Works; and d) Stormwater Management System (Not Applicable) 1.3 The Initial Works and Street Lighting System were completed through Capital Works project CL96-11, administered by the Municipality. The developer reimbursed the Municipality for the value of the works for which they were responsible. 1.4 The Final Works were completed by the developer, and issued a 'Certificate of Completion' dated June 1, 2006. This initiated a one (1) year maintenance period, which expired on June 1, 2007. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 902 REPORT NO.: EGD-023-08 PAGE 3 1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plan 40M-2125, Plan 40R-18009, and Plan 40R-25311 as public highways (Attachments 2 and 3). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law 903 Martin Green Subdivision Plan 40M-2125 O —Prince-William-Blvd OQ Rustwood St Parts 112 and 'a "-Plan 40R-18009 and Part 1 E Plan 40R-25311 Aspen Springs Dr High A16.2 Subject 0/- Site CL m GQ <1 DRAWN BY: E.L. DATE:April 21,2008 REPORT EGD-023-08 KEY MAP BOWMANVILLE -- ATTACHMENT NO. 1 904 1 ill, 7� G:\Aftachments\40M-2125.mxd 21 nw ATTACHMENT NO.:2 REPORT NO.: EGD-023-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- XX Being a By-law to establish certain lands as public highways, assume them for public use and name them. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the following lands are hereby established as public highways, assumed by the Corporation for public use and assigned the names set out below: Land Established as Public Highway Name (a) Part Lot 17, Concession 1 Bonathon Crescent Designated as Part 2 on Plan 40R-18009 (b) Part Lot 17,Concession 1 Bonathon Crescent Designated as Part 1 on Plan 40R-25311 BY-LAW read a first and second time this xx"'day of xxxxx 2008. BY-LAW read a third time and finally passed this)oe day of xxxxx 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 905 ATTACHMENT NO.:3 REPORT NO.: EGD-023-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the block and parts shown on Plan 40M-2125 and Plan 40R-18009, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Plan 40M-2125: Block 12 Plan 40R-18009: Part Lot 17, Concession 1 Designated as Part 1 on Plan 40R-18009 Part Lot 17,Concession 1 Designated as Part 3 on Plan 40R-18009 BY-LAW read a first and second time this xxt�'day of xxxxx 2008. BY-LAW read a third time and finally passed this xx"'day of)o=x 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 906 • beading the Way REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 28, 2008 Report#: ESD-006-08 File # 10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT— MARCH 2008 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report ESD-006-08 be received for information. Submitted by: Reviewed by: T Gordon Weir, AMCT, CMM111 Franklin Wu. Director Emergency & Fire Services Chief Administrative Officer GW*sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F905)623-6506 1101 REPORT NO: ESD-006-08 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month March 2008. It is our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 313 calls during this period and recorded total fire loss at $2,492,500. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report Response Categories 1102 CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT Period: March 1, 2008 00:00:00 to March 31, 2008 23:59:59 CALL TYPE VOLUME STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 CALL CALL TYPE BOWMANVILLE NEWCASTLE ORONO COURTICE ENNISKILLEN TYPE TOTALS PERCENTAGE PROPERTY FIRE 6 3 1 5 0 15 4.8% CALLS BURNING COMPLAI TS 0 1 0 1 0 2 0.6% FALSE IRE 23 8 1 4 1 37 11.8% CAL PUBLIC HAZARD 18 2 1 8 1 30 9.6% CALLS RESCUE CALLS 8 13 7 16 4 48 15.3% MEDICAL ASSIST 89 19 8 35 4 155 49.5% CALLS MISCELLANEOUS 16 6 1 3 0 26 8.3% CALLS TOTAL MONTHOR 160 52 19 72 10 313 100.0% YEAR TO DATE 470 127 57 231 30 915 YEAR TO DATE 51.1% 16.6% 6.1% 23.0% 3.2% 100.0% PERCENTAGE STANDYBY 9 0 0 7 0 16 CALLS DOLLAR LOSS $2,117,000 $21,500 $350,000 $4,000 0 $2,492,500 APPARATUS CALL VOLUME STATION 1 PUMPER 1 SCAT 1 PUMPER 11 TANKER 1 UTILITY 1 AERIAL 1 RESCUE 1 320 147 137 17 4 1 5 9 STATION 2 PUMPER 2 TANKER 2 66 49 17 STATION 3 PUMPER 3 TANKER 3 UTILITY 3 ATV 36 21 12 3 STATION 4 PUMPER 4 PUMPER 44 TANKER 4 Aerial 4 123 111 10 2 STATION 5 PUMPER 5 TANKER 5 18 15 3 563 258 137 112 38 4 5 1 103 RESPONSE CATEGORIES PROPERTY FIRE CALLS: includes a response by this Department to Fires involving structures, vehicles or open areas; Combustions Explosions (no fire); Overpressure Rupture, Munition Explosion – No Fire; Overpressure Rupture– No Fire, (e.g. Steam boilers, hot water tanks, pressure vessels, etc.); Munition Explosion—No Fire (e.g. bombs, dynamites, other explosives, etc.); whether or not they result in property losses, injuries or deaths. BURNING COMPLAINTS: Includes a response to investigate Authorized and Unauthorized Controlled Burning Complaints. FALSE FIRE CALLS: Includes a response by this Department to Pre-Fire Conditions – Overheat and Pot on Stove; and calls precieved to be an emergency and are concluded to be Alarm Equipment– Malfunction, Alarm Equipment–Accidental, Human – Malicious, Human – Perceived Emergency, Human –Accidental, and Other False Fire Call PUBLIC HAZARD CALLS: Includes a response by this Department to Gas Leak– Natural Gas, Gas Leak– Propane, Gas Leak – Refrigeration, Gas Leak– Miscellaneous, Spill – Gasoline or Fuel, Spill –Toxic Chemical, Spill – Miscellaneous, Radio–active Material Problem, Ruptured Water, Steam Pipe, Power Lines Down, Arcing, Bomb, Explosive Removal, Standby, Co (carbon monoxide) reporting, and Other Public Hazard. RESCUE CALLS: Includes a response by the Department to a Vehicle Extrication, Vehicle Accident, Building Collapse, Commercial/Industrial Accident, Home/Residential Accident, Persons Trapped in Elevator, Water Rescue, Water Ice Rescue, and Other Rescues. MEDICAL ASSIST CALLS: Include a response by this Department to a patient(s) suffering from Asphyxia, Respiratory Condition, Convulsions, Epileptic, Diabetic Seizure, Electric Shock, Traumatic Shock, Heart Attack, CPR, Stroke, Drug Related, Alcohol Related, Cuts, Abrasions, Fracture, Burns, Person Fainted, Nausea MISCELLANEOUS CALLS: Includes a response by this Department to Assist another Fire Department, Assist Police, Assist Other Agencies, Other Public Service, 911 Unknown Calls and Other Responses 1104 • Leading the Way REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 28, 2008 Report#: ESD-007-08 File # 10.12.6 By-law # Subject: DURHAM REGION MEDICAL TIERED RESPONSE AGREEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-007-08 is received for information; and 2. THAT the attached Durham Region Medical Tiered Response Agreement between Durham Region EMS and The Corporation of the Municipality of Clarington be approved and that the Mayor and Clerk be authorized to execute this agreement. Submitted by: Reviewed b ordo Weir, AMCT, CMM111 Franklin Wu, Director of Emergency & Fire Services Chief Administrative Officer GW:sr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-65P¢05 ESD-007-08 Page 2 BACKGROUND Clarington Emergency and Fire Services has participated in tiered response, which was initiated in the 1980's and was set up to dispatch police, fire and ambulance to what is determined to be a life threatening situation. At that time, a life threatening situation was established as a condition that falls within the following criteria: • Absence of breathing/difficulty breathing • Unconsciousness • Severe bleeding • Motor vehicle accident with ambulance responding • Real or apprehended heart attack A tiered response committee was established in 1999 to review the criteria in an effort to form an agreement between responding agencies that would clarify their level of response. In October 2004, guidelines for Tiered Response Agreements were sent out to all agencies affected. A copy of these guidelines is attached. REPORT After review of this agreement, it is staffs recommendation that the Municipality of Clarington approve and sign the document. Attachment: Durham Region Medical Tiered Response Agreement Guidelines for Tiered Response Agreements 1106 Emergency Medical Services 4040 Anderson st,Whitby,ON UR 3P6 Phone: (905)665-6313 Fax: (905)444-2042 HEALTH DEPARTMENT Assistant Director DURHAM REGION MEDICAL TIERED RESPONSE AGREEMENT STEVE D. MCNENLY Ext.2248 This letter of agreement between Durham Region EMS and the Clarington Emergency Services authorizes the Ministry of Health and Long-Term Care (MOHLTC) Central Ambulance Communications Centre (CACC) activation of a tiered response, to provide first response resources and skills to out of hospital medical emergencies in accordance with the following criteria: LEVEL C TIERED RESPONSE: A tiered response will be requested within one (1) minute of EMS dispatch, and in conjunction with the response reference chart, for the following emergency requests for service: 1. Respiratory Arrest (Absence of Breathing) 2. Cardiac Arrest (Absence of Pulse) 3. Unconsciousness. 4. Motor Vehicle Collision with EMS attending. 5. Profuse and Uncontrolled Bleeding. 6. Acute Chest Pain and/or Shortness of Breath / Difficulty Breathing. The Level C Tiered Response criteria are not consistent with the recommendations from Durham Region EMS (only Level A and Level B criteria are recommended by Durham Region EMS) but have been directly requested by the Fire Chief of the Clarington Emergency Services. Thus, via this agreement Durham Region EMS shall honour the request of the Fire Chief. The CACC shall notify the Clarington Emergency Services within 1 minute of EMS dispatch in response to a potential life threatening medical emergency, which meets the stated criteria for tiered response. "Committed to excellence in pre-hospital care." 1107 The CACC shall provide all necessary call details/information during the initial and/or follow-up notification(s) to ensure the details provided to emergency first response resources are consistent with the details provided to EMS. The stated criteria for medical tiered response are in addition to the usual incidents requiring fire services response under their fire suppression, rescue and/or HAZMAT mandate where CACC notification of the fire service is automatic. Once a tiered response has been initiated, it shall only be cancelled if the request for service is cancelled by the call originator and/or EMS resource(s) have arrived on scene and made patient contact. This agreement recognizes that the participating agency, Clarington Emergency Services, may not be able to respond to a medical tiered response when occupied with another emergency, or for any other reason as determined by their senior on-duty officer. The Clarington Emergency Services will immediately notify the CACC of their inability to operate or respond in accordance with the tiered response agreement and CACC shall advise Durham Region EMS accordingly. CACC Responsibilities: • Activation of the tiered response, to provide first response resources and skills to out of hospital medical emergencies in accordance with the applicable tiered response criteria. • Provide all necessary call details/information during the initial and/or follow-up notification(s) to ensure the details provided to emergency first response resources are consistent with the details provided to EMS. Fire Service Responsibilities: • Emergency first response (first aid, oxygen, CPR, automated defibrillation), • Fire prevention and suppression, • Coordinate rescue and/or HAZMAT operations in cooperation with EMS resources to ensure patient clinical care requirements are addressed. Emergency Medical Services (EMS) Responsibilities: • Coordinate all out of hospital medical care and transportation. • Work cooperatively with Fire Services during rescue and/or HAZMAT operations to ensure patient clinical care requirements are addressed. 1108 This agreement will be reviewed annually to ensure its currency. Dated the day of 200 Durham Region EMS Name (print): Title: Signature: Municipality of Clarington Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Appendices: Tiered Response Reference Chart Original Agreement -Date QAmended Agreement—Date 1109 t GUIDELINES FOR TIERED RESPONSE AGREEMENTS DELIVERED BY PUBLIC SAFETY AGENCIES IN ONTARIO Ontario Association of Fire Chiefs Ministry of Health and Long Term Care Ministry of Community Safety and Correctional Services October 2004 1110 INTRODUCTION The Ministry of Health and Long Term Care and the Ministry of Community Safety and Correctional Services support the implementation of formal tiered response agreements between local police, fire, ambulance and other public or private safety agencies. Such written agreements provide a framework for cooperation between, and coordination of, emergency services on a local level. The coordination of public safety agencies is a teamwork approach that helps improve the response to specified emergency situations and overall public safety service to the community. BACKGROUND Tiered response is recognized internationally as an effective method of coordinating ambulance, fire, police and other public or private safety agencies to provide rapid first response assistance to the public in the most timely and efficient manner possible. Tiered response endeavors to send the closest emergency response agency, based on time, to render assistance at the scene of an emergency incident until the primary response agency can arrive. Tiered Response is a formal, writleil a` reement'ne �tia ed"betwieen tW ©r more public g g .� safety agencies (police, fire, ambulance or other safety agencies). Its intent is to establish local protocols for a multi-agency response to a life-threatening/public safety incident. A tiered response agreement outlines the capabilities, expectations and limitations of each agency and defines the criteria for each public safety agency's response. In some instances, this cooperation led to the development and implementation of formal written tiered response agreements. Such agreements determine when and under what circumstances participating public safety agencies call upon each other for assistance. The term tiered response grew out of an effort to establish a coordinated systems approach to emergency incident response. Tiered Response, as a program, was first documented in the Fifteen Components of An Emergency Health Services (EHS) System. This includes the provision for multi-agency response to life-threatening medical emergencies (Tiered Response). These components have been adopted as, and are recommended as being one of the principles of the EHS system in Ontario. GUIDING PRINCIPLES The guiding principles of any tiered response program are: • To ensure the timely availability of staff and resources to safely and efficiently mitigate a life threatening / public safety incident; 1111 • To deploy adequately trained and equipped personnel to the scene of agreed upon life threatening / public safety emergencies. For example, as a minimum cu nt certification in first aid and CPR would be required for personnel in the medical emergency response. WHAT IS A TIERED RESPONSE AGREEMENT? It is a written, formal agreement that: • Spells out the terms and conditions under which tiered response is activated; • Sets out the capabilities, expectations and limitations of each agency involved in the agreements; • Establishes activation and deactivation protocols for the participating agencies. REQUIREMENTS FOR A TIERED RESPONSE AGREEMENT A written agreement is required between participating public safety agencies, which defines the specific capabilities, expectations and limitations each agency will have in respect to each other, and each agency's role in various emergency situations. A i sample tiered response agreement is attached to this guideline, which may be modified to meet local needs and participants. It is strongly recommended that a tiered response committee be established, consisting of all of the partners to the agreement. The committee should meet on a regular basis to address the operations within the agreement areas. The committee should review each tiered response agreement on an annual basis, as a minimum. A TIERED RESPONSE AGREEMENT INCLUDES: • The expectations and limitations of each participating agency; • The types of emergency situations under which Tiered Response shall be activated and deactivated for each group; • The role of each responder group in each type of emergency situation; • The role of various dispatch services, the dispatch function of each agency center in tiered response activation; • The type and nature of protocols utilized to activate and coordinate tiered response 1112 partners; the responsibilities and protocols utilized by the responding agencies at a scene; • The type and nature of orientation and training activities conducted to ensure that participating public safety agencies are effective in working together to respond to specific emergency situations; • A resolution from participating municipal councils authorizing and approving municipal participation in such a program; • The type and nature of agreement amending formulae, the manner to arbitrate disputes and a process for partners to withdraw from such an agreement. GENERAL CRITERIA FOR TIERED RESPONSE Tiered response criteria used by communities for public safety agency agreements will vary according to local conditions such as: • Geographical distances in rural or remote areas; • Differences between full-time, part-time and volunteer agencies; • The type and level of emergency services and resources available; • The intention of tiered response is to provide a clear response time advantage by one of the other partners over the primary responding agency. CRITERIA FOR ACTIVATING TIERED RESPONSE • Life threatening public safety incidents, such as medical emergencies; • Multi-casualty incidents; • Hazardous material incidents involving casualties and/or potential for casualties; • Chemical, Biological, Radiation, Nuclear, Explosion (CBRNE) incidents. The effectiveness of tiered response programs is dependent upon prompt notification of participating agencies and the activation of the closest (in response time) appropriate emergency response unit, regardless of agency affiliation. Tiered response agencies should expect to be activated within 1 minute of receipt of a life threatening/public safety incident, as defined in the agreement. In order for a tiered response program to provide the greatest benefit to the public, all 1113 participating agencies should respond to life threatening incidents, particularly when there is a time advantage over the primary agency response time. Levels of participation by municipalities and safety agencies may vary based on community needs and resources. OPERATIONAL CONSIDERATIONS An agreement to participate in a tiered response program is a voluntary commitment on the part of each agency involved. All participants in the tiered response agreement must clearly understand the agreed upon procedure associated with start-up, operational and maintenance costs of the program. Any locally agreed upon replacement procedures of supplies and equipment should be documented in the agreement. The committee must ensure that all participants are properly trained to meet the expectations of each partner within the agreement. Consideration should be given to interagency training and exercises to ensure an effective and efficient response •__ capability. Consideration should be given in any tiered response agreement to CBRNE situations or other long term/major impact incidents that would affect the agencies abilities to function in a routine manner. For example, large numbers of staff affected by quarantine. CONCLUSION Tiered Response is a voluntary program built on the principles of teamwork and cooperation between the public safety agencies. Each participant in a local emergency response program has a specific role to play in the community, and by working together they are better equipped to meet the specific emergency needs of the constituents they serve. 1114 FOR MORE INFORMATION, PLEASE CONTACT: Ministry of Health and Long-Term Care Emergency Health Services 5700 Yonge St. 6th Floor North York ON M2M 4K5 Telephone (416) 327-7925 Fax (416) 327-7911 or Ministry of Community Safety and Correctional Services Policing Services Division 9th Floor, 25 Grosvenor Street Toronto ON M7A 1 Y6 Fax (416) 314-3040 C or Ministry of Community Safety and Correctional Services Office of the Fire Marshal 7th Floor, 5775 Yonge Street North York, ON M2M 4J1 Telephone (416) 325-3100 Fax (416) 325-3162 1115 arm n 0 REPORT I_,eading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 28, 2008 Report #: CLD-016-08 File #: By-law #: Subject: REQUEST TO PROVIDE FREE PARKING IN DOWNTOWN BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-016-08 be received; 2. THAT the request of the Bowmanville Business Centre to allow for free parking one week per month be denied; and 3. THAT the Bowmanville Business Centre be advised of Council's decision. CmAlfl ) Submitted by: .,Pa arr , CMO Reviewed by: Franklin Wu, unicipa Clerk Chief Administrative Officer PLB*LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1301 REPORT NO.:CLD-016-08 PAGE 2 OF 3 BACKGROUND AND COMMENT At the regular Council meeting on March 25, 2008 staff were directed to investigate the feasibility of shutting down the parking meters in downtown Bowmanville for one week each month in order to offer some incentive to the public to encourage shopping in the downtown. Currently the parking meters are shut down for at least two weeks at Christmas each year. The meters are also not enforced on weekends or evenings. Between the on-street meters and the central lots, Bowmanville has a total of 399 metered parking spaces. Since the first of January 2006, these meters have generated a total income of$152,007.56 which equates to a weekly average of$1,256.26. These revenues are transferred to the Parking Reserve Account and used for all parking related matters such as parking staff salaries, equipment purchases, maintenance of existing lots and acquisition of new ones. At year end 2005, the Parking Reserve Fund stood at $332,470.32. Since that time, while revenue levels have remained relatively consistent, the expenditures have steadily increased to the point that the Reserve currently stands at $154,834.41. A major part of these expenditures has been the operating budget as well as the purchase of new equipment such as the handheld units and upgrades to the processing software. One of the purposes of regulated parking enforcement on the downtown streets is to create a consistent traffic flow so that a few vehicles cannot monopolize all of the parking in the area. Without operational parking meters, Staff experience has been that these spaces become occupied by individuals who will remain at a particular spot for extended periods, thus denying other potential users any opportunity to park and shop. At the present rate of decline, Staff do not believe that it is a sound financial decision to annually remove approximately $15,075 from the budget in the form of free parking for an additional 12 weeks per year. 1302 REPORT NO.:CLD-016-08 PAGE 3 OF 3 CONCLUSION Staff are mindful of the concerns of the merchants but must also consider the wider impact on all the residents which will occur as a result of further depleting the Parking Reserve Fund and restricting the Municipality's ability to replenish it. Staff therefore, respectfully recommend that the request of the Bowmanville Business Centre for one week of free parking per month be denied and the Bowmanville Business Centre be advised of Council's decision. 1303 • arm n REPORT (iLeading the iVay CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 28, 2008 Report#: CLD-017-08 File #: By-law #: Subject: QUARTERLY PARKING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-017-08 be received; and 2. THAT a copy of Report CLD-017-08 be forwarded to the Bowmanville Business Centre for their information. � J Submitted by: P tti rri , MO Reviewed by: Franklin Wu, Municip Jerk Chief Administrative Officer PLB*LC*Ib CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1304 REPORT NO.: CLD-017-08 PAGE 2 of 2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the months of October, November and December 2007 and is provided herein for the information of Committee and Council It is noted that the revenue is down significantly over the same period last year. Committee should be aware that one of the two parking enforcement officers was on restricted duties in the office for several months. Also, the numbers of tickets issued by the various private security companies have decreased significantly. Neither of these situations are something we can directly control. Attachments: Attachment 1 - Parking Report For The Months of October, November and December 2007 1305 PARKING ENFORCEMENT QUARTERLY REPORT #4 - 2007 ATTACHMENT#1 to 4th Quarter Parking Financial Report TICKETS ISSUED AGENCY QUARTER 4, 2007 YEAR TO DATE YEAR TO DATE YEAR TO DATE 2007 2006 2005 P.E. Officers 733 2434 2952 2194 Police 13 36 19 25 Public Works 0 0 0 0 Group Four 24 100 34 96 Aspen Springs 13 64 73 n/a 243 King St. 0 2 N/A N/A Securitas 0 0 96 30 ProSecurity 4 44 565 102 Fire Services 0 0 0 0 TOTAL ISSUED 787 2680 3739 2447 REVENUE Meters 20399.00 76450.50 55 941.00 44 950.50 Permits 592.80 3391.50 3600.90 2248.00 Fines 8087.00 32933.00 51 560.00 34 073.50 MTO Chargeback 1090.50 5875.00 (5620.50) (7449.75) TOTAL REVENUE 27988.30 106900.00 $105 481.40 $73822.25 1ST APPEARANCES Total Conducted 14 55 96 79 # Tickets Cancelled 8 44 75 58 # Tickets Upheld 6 14 22 25 # Requests for Trial 0 3 18 8 # Tickets Disputed 14 58 97 83 1306 • Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 28, 2008 Report #: COD-026-08 File # By-law# Subject: CL2008-18, COMMUNICATION TOWER AND WIRELESS LINKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-026-08 be received; 2. THAT Integra Data Systems Corp., Markham, Ontario, with a total bid price of $99,900.00 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of the Tender CL2008-18, be awarded the contract for the Communication Tower and Wireless Links, as required by the Municipality of Clarington; 3. THAT the total project cost of$99,900.00 be drawn from the IT Hardware capital account number 110-16-162-81610-7401 and be funded as follows: $60,000 from 2008 & 2007 Capital Budget $39,900 ad 'tional funds from Computer Equipment Reserve Fund. Submitted by: - Reviewed by: rie arano, H.B.Sc., C.M.O., Franklin Wu, Direc or of CorporateeKervices Chief Administrative Officer Nancy Tayl , B.B. ., C.A., Director of Financ MM\JDB\\SM\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169 1401 REPORT NO.: COD-026-08 PAGE 2 BACKGROUND AND COMMENT Tender specifications were prepared for the requirements for the construction of a 150' Communication Tower at Depot 42 as well as the required wireless linking of the Newcastle & District Recreation Complex to this tower and the tower to Town Hall as required by the Corporate Services Department. Tenders were advertised in local papers, as well as electronically. Subsequently, seven tenders were received and tabulated as per attached summary (appendix A). Of the seven tenders received, three of them were rejected due to non-compliancy to the tender the documents. Upon review of the bids, it is the recommendation of staff to proceed with an award to the low bidder, Integra Data Systems as they were compliant and the proposed tower met the tender specifications. As noted on the attached summary the bid received from Patterned Concrete, Toronto, ON was rejected as it was not compliant to the terms within the Tender document As the total funds required for this project exceeds the available budget of $60,000.00 in the 2008 Capital Account 110-16-162-81610-7401, it is recommended that additional funds required in the amount of $39,900.00 (plus GST) be financed from the Computer Equipment Reserve Fund. The original budget value was specific to the Newcastle facility only, however the tender provided for additional capacity to accommodate the Newcastle Library and the future Fire Facility. The recommended low bidder has worked with the Municipality of Clarington on previous projects and has provided a good service on these past projects. 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 Corporate Services. After further review and analysis of the bids by Information Technology and Purchasing, it was mutually agreed that Integra Data Systems Corp., Markham, Ontario, be recommended for the contract. Attachments: Attachment 1 — Schedule "A" 1402 • Leading the Way Municipality of Clarington SCHEDULE "A" BID SUMMARY Tender CL2008-18 COMMUNICATION TOWER AND WIRELESS LINKS BIDDER TOTAL BID GST Excluded Integra Data Systems Corp. $99,900.00 Markham, ON Talk Wireless $110,000.00 St. Catherines, ON Glentel Inc. $112,716.63 Ottawa, ON Bell Canada $161,570.86 Mississauga, ON Radian Communication Services Rejected Oakville, ON Trispec Communications Rejected Markham, ON VHF Construction Ltd. Rejected Elmira, ON 1403 Energizing Ontario REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY APRIL 28, 2008 Resolution #: Report #: FND-011-08 File #: By-law #: Subject: INTERNAL AUDIT CHARTER AND BLUEPRINT FOR OPERATIONS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-011-08 be received; and 2. THAT the Internal Audit Charter and Blueprint for Operations be approved. Submitted by: Reviewed by. N ncy ay r, B. , C.A., Franklin Wu, Director o Finance/Treasurer Chief Administrative Officer. NT/LB/hjl 1501 F N D-011-08 PAGE 2 Background and Comment: On March 25, 2008, the Audit Review Group met to review and subsequently endorse the Internal Audit Charter and Blueprint for Operation as detailed in the attached report, marked Schedule "A". It is recommended by the Audit Review Group that the Charter and the Blueprint be approved. Attachment: Schedule "A" —Audit Review Group report, including Internal Audit Charter and Blueprint for Operation CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169 1502 Schedule "A" (1kWiRooff Energizing Ontario REPORT FINANCE DEPARTMENT Meeting: AUDIT REVIEW GROUP Date: March 25, 2008 Subject: INTERNAL AUDIT CHARTER AND BLUEPRINT FOR OPERATION Recommendations: It is respectfully recommended that the Audit Review Group endorse the Internal Audit Charter and Blueprint for Operation and that this report be forwarded to the General Purpose and Administration Committee for approval. Background: 1.0 On August 2, 2007 the Municipality's auditors, Deloitte & Touche issued their annual Audit Management Recommendation Letter after completing the audit for the year ended December 31, 2006. As part of this letter they made the following recommendation: "We recommend that the Municipality considers developing a formally documented overall risk management policy. The new internal audit function could be one method used to help mitigate risk at the entity level, as well as monitor compliance with documented risk management policies." Staff had the following response to the recommendation: "It is within the new Internal Auditor's scope to draft policies to cover the Municipality's evolving and growing business. The risk management policy will be considered along with any policies resulting from the Municipality's Corporate Strategic Business Plan, PSAB 3150 —Tangible Capital Assets and other business processes." Resolution #GPA-630-07 received report FND-022-07 and endorsed the recommendations. 1503 Report to Audit Review Group Page 2 1.1 The Internal Audit Charter (see Attachment#1) was developed to provide the frame of reference for the Internal Audit function within the Municipality of Clarington. It focuses on key operational aspects of the Internal Audit function including the Authority, Independence and Responsibility of the auditor. 1.2 The Blueprint for Operations (Attachment#2) provides detail on the types of audits that may be undertaken, along with the recommended reporting structure and follow-up necessary to complete the process. The types of audit assignments include Compliance Reviews; Operational Reviews; Consulting Reviews; and Investigations. The reporting requirements for each type of audit will vary greatly depending on the specific reason for the review. 1.3 The Internal Audit Charter and Blueprint for Operation have been developed as a basis for the Internal Audit position. As stated in the charter preamble: "Management staff are responsible for ensuring the efficient and effective operation of Municipal program and activities. In order to manage the operations of the Municipality, staff plan, organize, direct, and control programs and activities in a manner designed to achieve outcomes and objectives defined by management. Internal Audit provides independent and objective assurance and consulting services designed to add value and improve the Municipality's operations." 1.4 For the Internal Audit position to be effective, the Internal Audit Charter and Blueprint for Operation need to be applied through all Municipal activities. The function is not restricted to Finance issues and for this reason it is important to ensure the auditor has the authority to access all operating departments. 1.5 The purpose of this report is to seek the Audit Review Group's endorsement of the Internal Audit Charter and Blueprint for Operation. Conclusion: 2.0 In summary, the Municipality is now in a position to implement the Internal Audit function throughout the Municipality of Clarington's operating departments as recommended by our auditors Deloitte and Touche. The function as detailed in the Internal Audit Charter and Blueprint for Operation has been presented for review by the Audit Review Group. Attachments: Attachment#1 — Internal Audit Charter Attachment#2 — Blueprint for Operations — Form and Function CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1504 Attachment#1 MUNICIPALITY OF CLARINGTON INTERNAL AUDIT CHARTER 1.0 Preamble: 1.1 Management staff are responsible for ensuring the efficient and effective operation of Municipal programs and activities. In order to manage the operations of the Municipality, staff plan, organize, direct and control programs and activities in a manner designed to achieve outcomes and objectives defined by management. Internal Audit provides independent and objective assurance and consulting services designed to add value and improve the Municipality's operations. Internal Audit uses a systematic approach to assess risk and evaluate the effectiveness of controls and organizational processes used to achieve objectives. 2.0 Objective: 2.1 To contribute to the overall efficiency and effectiveness of the Municipality's operations and use of resources: • Identify, assess, measure, and report on key risks faced by the Municipality; • Examine and evaluate the adequacy, effectiveness, and efficiency of the systems of internal control; • Identify opportunities for improvements and streamlining processes. 3.0 Authority, Independence, and Responsibility: 3.1 Authority - The Internal Auditor is authorized to direct a broad, comprehensive program of internal auditing within the Municipality. The Internal Auditor has unrestricted access to all records, properties, functions, and personnel necessary to effectively discharge responsibilities with appropriate communication protocols. 3.2 Independence - The Internal Auditor reports to the Director of Finance and/or the Chief Administrative Officer and is independent of the programs and activities of the Municipality. In order to assure the independence of the function, the Internal Auditor has direct access to the Audit Review Group in situations for which a conflict of interest is present or may be reasonably inferred. 3.3 Responsibility—Internal Audit encompasses the examination and evaluation of the adequacy, effectiveness, and efficiency of the systems of internal control and the quality of performance in carrying out the responsibilities of the Municipality. This can include: • Reviews and evaluations of the soundness of controls and the reliability and integrity of financial,managerial, and operating data; • Assessments of compliance with legislation and policies and procedures; • Identification and evaluation of the methods and systems utilized for acquiring, using and safeguarding assets; and • Reviews of operations and programs to assess the economy and efficiency used in meeting objectives established by the Municipality. 1505 Internal Audit Charter Page 2 4.0 Objectivity: 4.1 Internal Audit will not implement procedures, prepare original records, or engage in other activities that could reasonably be construed as compromising independence and objectivity. Impartial and unbiased judgments essential to the conduct of internal audits and reviews are enhanced by the independence of Internal Audit. Objectivity is not adversely affected by the recommendation of standards or controls to be applied in developing systems and procedures or by the evaluation of existing or planned financial and operating system controls and procedures. 5.0 Confidentiality: 5.1 Information accessed in the course of an audit or review is used strictly for audit purposes and is not disclosed without the appropriate authority unless there is a legal or professional obligation to do so with appropriate communication protocols. Information received on a confidential basis will not be disclosed to third parties without permission, subject to applicable legislation. 6.0 Plan of Work: 6.1 Internal Audit will develop an annual work plan using appropriate risk-based methodology and identification of concerns by senior management. The plan will be reviewed by the Director of Finance and approved by the Audit Review Group on an annual basis. The plan will be implemented as approved with modifications and adjustments as appropriate given changing circumstances. The Blueprint for Operations, amended from time to time, reflects the method and approach used by Internal Audit in executing its plan of work. 7.0 Standards of Work: 7.1 In all its activities, Internal Audit will adhere to the code of Ethics adopted by the Institute of Internal Auditors (Attachment A) as well as the Municipality's Code of Ethics policy(as amended from time to time). Engagements are performed with the care and skill expected of a reasonably prudent and competent internal auditor with consideration given to: • The extent of work required to meet objectives; • The complexity, materiality, and significance of areas under review; • The adequacy and effectiveness of internal controls; • The cost of assurance relative to potential benefits; and • The probability of significant errors, irregularities, or non-compliance. 8.0 Report of Work: 8.1 Internal Audit has a responsibility to inform and advise management as to significant or substantive issues noted in the course of its activities. Following each review, Internal Audit reports the results of it examination and makes recommendations to strengthen the management and control of the area under review. Summary reports are available and an 1506 Internal Audit Charter Page 3 annual review of work performed is presented to the Audit Review Group. The Blueprint for Operations, amended from time to time, reflects the method and approach used by Internal Audit in reporting its work. 9.0 Co-ordination of Work: 9.1 Internal Audit will co-ordinate its efforts with those of any external auditors to ensure that total audit resources are effectively utilized. 1507 The institute of Internal Auditors Code of Ethka Attachment A to Internal Audit Charter Introduction The purpose of The Institute's Code of Ethics is to promote an ethical culture In the profession of Internal auditing. Internal auditing is an independent, objective assurance and consulting activity designed to add value and improve an organization's operations. It helps an organization accomplish Its objectives by bringing a systematic, disciplined approach to evaluate-and improve the effectiveness of risk management, control, and governance processes. A code of ethics is necessary and appropriate for the profession of internal auditing, founded as it is on the trust placed in Its objective assurance about risk management, control, and governance. The Institute's Code of Ethics extends beyond the definition of internal auditing to Include two essential components: 1. Principles that are relevant to the profession and practice of Internal auditing; 2. Rules of Conduct that describe behavior norms expected of Internal auditors. These rules are an aid to Interpreting the Principles into practical applications and are Intended to guide the ethical conduct of Internal auditors. The Code of Ethics together with The Institute's Professional Practices Framework and other relevant Institute pronouncements provide guidance to internal auditors serving others. "Internal auditors" refers to Institute members, recipients of or candidates for IIA professional certifications, and those who provide Internal auditing services within the definition of Internal auditing. Applicability and Enforcement This Code of Ethics applies to both individuals and entities that provide Internal auditing services. For Institute members and recipients of or candidates for IIA professional certifications, breaches of the Code of Ethics will be evaluated and administered according to The Institute's Bylaws and Administrative Guidelines. The fact that a particular conduct Is not mentioned in the Rules of Conduct does not prevent it from being unacceptable or discreditable, and therefore, the member, certification holder, or candidate can be liable for disciplinary action. Principles Internal auditors are expected to apply and uphold the following principles: • Integrity The integrity of internal auditors establishes trust and thus provides the basis for reliance on their judgment. • Objectivity Intemal auditors exhibit the highest level of professional objectivity In gathering, evaluating, and communicating Information about the activity or process being examined. Internal auditors make a balanced assessment of all the relevant circumstances and are not unduly influenced by their own interests or by others in forming judgments • Confidentiality Intemal auditors respect the value and ownership of Information they receive and do not disclose Information without appropriate authority unless there is a legal or professional obligation to do so. e Competency Internal auditors apply the knowledge, skills, and experience needed in the performance of internal auditing services. 1508 Rules of Conduct 1.Integrity Internal auditors: 1.1. Shall perform their work with honesty, diligence, and responsibility. 1.2. Shall observe the law and make disclosures expected by the law and the profession. 1.3. Shall not knowingly be a party to any illegal activity, or engage in acts that are discreditable to the profession of internal auditing or to the organization. 1.4. Shall respect and contribute to the legitimate and ethical objectives of the organization. 2. Objectivity Internal auditors: 2.1. Shall not participate in any activity or relationship that may Impair or be presumed to Impair their unbiased assessment. This participation includes those activities or relationships that may be in conflict with the Interests of the organization. 2.2 Shall not accept anything that may impair or be presumed to Impair their professional judgment. 2.3 Shall disclose all material facts known to them that, if not disclosed, may distort the reporting of activities under review. 3.Confidentiality Internal auditors: 3.1 Shall be prudent in the use and protection of information acquired In the course of their duties. 3.2 Shall not use information for any personal gain or In any manner that would be contrary to the law or detrimental to the legitimate and ethical objectives of the organization. 4. Competency Internal auditors: 4.1. Shall engage only in those services for which they have the necessary knowledge, skills, and experience. 4.2 Shall perform Internal auditing services in accordance with the International Standards for the Professional Practice of Internal Auditing. 4.3 Shall continually Improve their proficiency and the effectiveness and quality of their services. Adopted by The IIA Board of Directors, June 17, 2000 Copyright © 2000 by The Institute of Internal Auditors, 247 Maitland Avenue, Altamonte Springs, Florida 32701-4201. Permission Is hereby given to duplicate and translate this Code provided no substantive changes are made. The Institute of Internal Auditors 247 Maitland Avenue, Altamonte Springs Florida, 32701 Tel. 1+407-937-1100, Fax, 1+407-937-1101 Web: http://www.theila.org, Email: online @thella.org 1509 Attachment 2 MUNICIPALITY OF CLARINGTON INTERNAL AUDIT BLUEPRINT FOR OPERATIONS—FORM AND FUNCTION 1.0 ORGANIZATION: • Audit function reports directly to the Director of Finance/Treasurer; • Reports presented to appropriate Department Heads for information purposes and decisions on any required action; • Annual summary of internal audit work presented to Audit Review Group; • Summary reports available to Council on request; • Director of Finance reviews and provides guidance for internal audit function with input from the Chief Administrative Officer as warranted: Review internal audit terms of reference, goals, objectives, and audit schedules; Review results of audits, consider recommendations, suggest alternatives 13 Provide guidance for control enhancements and implementation. 2.0 AUDIT PLANNING & RISK ASSESSMENT: ■ Use risk-based assessment wherever possible to develop audit plans; ■ Consider the control environment within the context of. 13 Protection of Municipal assets 13 Efficient use of resources 0 Compliance with policies, regulations, legislation ■ Assess the environment to identify high risk areas; ■ Criteria to include in the assessment of risk: 13 Potential areas for operational audits with identification of best practice; 0 Operational audit cycle based on assessment of prioritized need and risk; 13 Annual and compliance audits, based on the need to provide assurance that there is compliance with legislation,policies, and procedures; 13 Investigations based on receipt of concerns or allegations; E3 Audit cycle planning during the early part of the fiscal year; 13 Audits and reviews carried out during the course of the year with reports prepared and presented as each review is completed. 3.0 ASSIGNMENTS & TYPES OF WORK: 3.1 Compliance Reviews/Audits • Performed on a cyclical basis; • Test compliance with Municipal by-laws, procedures, and guidelines; • Review in context of good business practice; • Provide recommendations based on observations. 1510 BLUEPRINT FOR OPERATIONS—FORM & FUNCTION PAGE 2 3.2 Operational Reviews/Audits As project leader, coordinate and participate in these reviews involving program management staff, performance measurement staff, and external consultants as needed • Projects included as part of audit plan based on needs identified by Department Heads and may include developmental reviews; • May require use of external consultants with expertise in particular service area; • Examine and assess area; • During the course of the audit: • Note best practice. • Compile this information and share with administrative staff. • Where appropriate, include in audit observations and recommendations • Identify key points, best practices, training needs; • Provide recommendations. 3.3 Consulting Assignments • Performed on an ad hoc basis as requested; • Review processes and procedures; • Provide documentation on procedures; • Identify key points; • Provide recommendations for development for review by departmental staff 3.4 Investigations • Ad hoc reviews based on requests or allegations from or concerns identified by councillors, staff, vendors,public; and then directed by Chief Administrative Officer or applicable Department Head; • Initial discussion to determine risk associated with claim and need or ability to follow-up based on information provided; o Perform preliminary work, as appropriate, to review the claim and establish potential validity; 13 Pursue further if warranted; 0 Prepare report and recommend action if appropriate. 4.0 REPORTING AND FOLLOW-UP: 4.1 Compliance and Operational Audits • Detailed draft report with recommendations prepared at conclusion of field work; • Draft report and recommendations reviewed with the Director of Finance and/or the Chief Administrative Officer, the Department Head, and the Director of program area under review; • Draft report amended, if necessary, to correct factual errors or omissions and the Director requested to review the report and provide written management responses to recommendations within 4 weeks; • Draft report with management responses is presented to appropriate Department Head; • Department Head considers the report, recommends revisions if necessary and appropriate and takes any action required; • Internal Audit prepares an executive summary of the report available to Chief Administrative Officer. 1511 BLUEPRINT FOR OPERATIONS—FORM & FUNCTION PAGE 3 4.2 Consulting Assignments • Discussions with appropriate departmental staff as review progresses; • Obtain confirmation and understanding of processes and procedures; • Detailed draft report prepared at conclusion of review work; • Draft report and recommendations reviewed with Director of area under review -report amended, if necessary, to correct factual errors or omissions; • Director requested to provide written responses within 4 weeks; • Final report issued to Director, Department Head, and Chief Administrative Officer, where appropriate. 4.3 Investigations • Call record/log calls: 13 Maintain a record of calls and note information received; • Consult with appropriate staff to determine actions to be taken; • Explain action taken and reasons for steps taken. • Draft reports following investigation: o Detailed report to the Director of Human Resources, the Chief Administrative Officer, and Director of Finance as circumstances required; • Content of report: 0 Specify allegation or concern and Conclusion based on investigation; o Indicate decision to investigate and actions taken; o Identify what should be done if appropriate in the circumstances. 4.4 Follow-up (applies to all types of audits previously mentioned): • A follow-up report is prepared after sufficient time has elapsed for the recipient of the report to act on the recommendations; • The report consists of the recommendation, management's responses, and the implementation status; • The status is determined based on a questionnaire to management unless otherwise requested by Department Heads. 4.5 Annual report • Summary of audits performed prepared on an annual basis; • Presentation to Audit Review Group in spring—April/May. • Presentation to External Auditors prior to Annual Municipal Financial audit. 1512 UNFINISHED BUSINESS • arm n REPORT (iLeading the el CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 28, 2008 Report #: Addendum to 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 the Addendum to Report CLD-015-08 be received; 2. THAT Report CLD-015-08 be received; 3. THAT the Protocol for Council-Appointed Advisory Committees be amended to allow for a member of Council to act as an interim Chair for a maximum of 18 months when a new committee is initially formed and to remove the list of specific committees to which it applies; 4. THAT the amended protocol, attached to the Addendum to Report CLD-015-08 at Attachment No. 1 be adopted; 5. THAT the Terms of Reference of the Green Community Advisory Committee be amended to reflect the protocol change; and 6. THAT Linda Gasser, Kerry Meydam, Jim Richards, Elva Reid, Ron Collis and the Green Comm nity Advisory Committee be advised of Council's decision. XA Submitted by: P tti a , CMO Reviewed by: Franklin Wu, nicipal Clerk Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1 701 REPORT NO.: ADDENDUM TO REPORT CLD-015-08 PAGE 2 1. BACKGROUND At the General Purpose and Administration Committee meeting of April 14, 2008, Report CLD-015-08 dealing with the selection of the Chair for the Green Community Advisory Committee was referred back to staff for review of the Protocol of Council-Appointed Advisory Committees and the Terms of Reference of the Green Community Advisory Committee. 2. ADVISORY COMMITTEE PROTOCOL - CURRENT REQUIREMENT The Protocol for Council-Appointed Advisory Committees addresses the issue of selection of Chair and Vice-Chair by stating that "members of Council and municipal staff sitting on the Committee shall not be eligible to assume the position of Chair or Vice-Chair". In reviewing this matter, it is staff's opinion that a change should be made to this requirement. Advisory committees are appointed to provide advice to Council on various matters. Members of the public who are interested in the work of the committee make application to the municipality and are appointed to sit on the committee. In many cases, the full mandate and direction of the committee is unknown to those individuals who submit their applications. The first meeting of the committee is, in most cases, the first time that the committee members will have met one another and they may not be aware of the background or experience the other members of the committee possess. It is, therefore, difficult for a Chair and a Vice-Chair to be selected at that time. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1702 REPORT NO.: ADDENDUM TO REPORT CLD-015-08 PAGE 3 3. GREEN COMMUNITY ADVISORY COMMITTEE At the Green Community Advisory Committee meeting on April 22, 2008, the issue of the election of Mayor Abernethy as the Chair was discussed. It was pointed out that the Terms of Reference for the Committee call for the Mayor to be the Interim Chair. After a lengthy discussion by all members (excluding Mayor Abernethy who had excused himself from the meeting and the discussion), the Members of the Committee passed a Motion of Confidence on the Mayor as Chair of the Committee. This motion carried by a vote of 6 in favour and 2 in opposition. In addition, the Committee members requested the Terms of Reference be amended to include that the election of Chair be revisited in 12 months time. As the committee has been meeting since September with the Mayor in the Chair, it is recommended that the Terms of Reference be amended to allow a member of Council to chair the Committee for a maximum period of 18 months. In reviewing the Terms of Reference, it has come to light that an error has occurred in the number of members required to form a quorum. The Terms of Reference indicates that the committee shall consist of 13 members and that a majority of the membership being nine members shall constitute a quorum. This has been amended to reflect the correct number of seven. 4. PROPOSED AMENDMENT TO THE PROTOCOL In order to allow an opportunity for the committee members to become acquainted with one another and to fully understand the direction the committee is going, it is recommended that the Protocol for the Council-Appointed Advisory Committees be amended to allow for a member of Council to act as the interim chair for a maximum of 18 months, when the committee is first formed. In this way, the direction of the committee is set, the workplan is off the ground and the members have had an opportunity to get to know one another prior to voting one of their own into the position of Chair. It is also recommended that the listing of specific committees be removed from the protocol, thereby referencing that the protocol applies to all Council-Appointed Advisory Committees, not just those that were in existence at the time the protocol was initially approved. 1703 REPORT NO.: ADDENDUM TO REPORT CLD-015-08 PAGE 4 The suggested protocol is attached hereto as Attachment No. 1 and the Terms of Reference for the Green Community Advisory is attached hereto as Attachment No. 2. 1704 Attachment No. 1 To Addendum 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. 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 Vice-Chair The Committee shall select a Chair and Vice-Chair from among its membership. When a new committee is initially formed, a member of Council may act as an interim Chair for a maximum of 18 months, after which time a Committee member, other than a member of Council or municipal staff, shall be selected to assume the position of Chair or Vice-Chair. 1705 - 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 member 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. 1706 - 3 - Members who wish to resign shall notify the Chair in writing of their decision who, in turn shall notify the Municipal Clerk in writing of the resignation. Council shall appoint new members to a Committee to fill any vacancies as required. Quorum and Voting A majority of voting members shall constitute a quorum, In the event that a quorum is not achieved, the meeting may proceed but members shall not vote or make decisions. Recommendations and 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 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 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, 1707 - 4 - 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. 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 Councilor 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. 1708 - 5 - 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. 1709 Attachment No. 2 To Addendum to Report CLD-015-08 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; 1710 - 2 - 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. COMMITTEE COMPOSITION: The GCAC shall consist of thirteen (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, seven (7) shall constitute a quorum. The Advisory Committee will consist of the following representatives • Mayor and a Member of Council (2) • University of Ontario Institute of • Ontario Power Generation (1) Technology (1) • Durham Strategic Energy Alliance • Youth (1) (1) • Community at large (4) • Veridian (1) • Developer - Durham Chapter of the • CBOT Board Member (1) 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 for a maximum of 18 months. 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 1711 - 3 - 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. • 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. 1712 - 4 - 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. 1713 arr� n REPORT Leading tit Way 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: Patti a , CMO Reviewed by: Franklin Wu, unicipal Clerk Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1714 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 L1C 3A6 T 905-623-3379 F 905-623-6506 1715 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 1716 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 27th 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 1717 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 Clerk's • Clarington Accessibility Advisory Committee Clerk's • Clarington Agricultural Advisory Committee Planning • Clarington Highway 407 Community Advisory Committee Planning • Clarington Traffic Management Advisory Committee Engineering Local Architectural Conservation Advisory Committee Planning • Port Granby Project Community Advisory Committee Planning • Samuel Wilmot Nature Area Management Advisory Committee 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 Vice-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. b3 i 2 r 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 member 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 turn shall notify the Municipal Clerk in writing of the resignation. Council shall appoint new members to a Committee to fill any vacancies as required. 1719 3 �.. Quorum and Voting A majority of voting members shall constitute a quorum. I In the event that a quorum is not achieved, the meeting may proceed but members shall not rote or make decisions. Recommendations and 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 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 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. 6 4 J 1720 - 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. 64 . 1 721 Attachment No. 2 to Report CLD-015-08 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. 1722 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 • Youth (1) (2) • Community at large (4) • Ontario Power Generation (1) . Developer- Durham Chapter of • Durham Strategic Energy the Greater Toronto Home Alliance (1) Builders Association - Urban • Veridian (1) Development Institution • CBOT Board Member(1) (GTHBA-UDI) (1) • University of Ontario Institute of Technology (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. 1723 • 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. 1724 HANDOUTS / CIRCULATIONS FOR GP&A 0 14 Le"th g y i R EPORT CHIEF ADMINISTRATIVE OFFICER Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 28, 2008 Report #: CAO-05-08 File: By-law #: Subject: EFW Public Information Session Recommendation It is respectfully recommended that General Planning and Administration Committee recommend to Council the following: 1. THAT Report CAO-05-08 be received; 2. That in the event Council intends to further explore the idea of hosting a Public Information Session with respect to the EFW facility, staff be directed to adhere to the following terms of references: a) The topics to be covered shall include: (select as many as necessary) human health issues, economic issues, site selection issues, etc. b The duration of the session shall be (select one of the following), a two-day, one day or an evening event. c) The presentation format shall be (select one of the following), a panel of experts with no debate, debates among experts, or other format inclusive of questions from the floor. d) Staff to bring forward a separate report with suggested names of available experts for selection by council, as well as suggested date to host the event I Submitted b} ) Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5717 REPORT NO.: CAO-05-08 PAGE 2 1. Background At its meeting held on April 21", 2008 Council passed the following resolution: "WHEREAS the incinerator is a highly controversial issue across Durham Region and in Clarington in particular and, WHEREAS there is a clear desire by the public to have a balanced presentation of information regarding the incinerator, BE IT RESOLVED THAT the Chief Administrative Officer report back to Council at the next General Purpose and Administration Committee meeting on potential costs and logistics of holding a public information session in order to provide expert opinion on both the `pro' and `con' side of having such a facility in Clarington, THAT by letters to the Clerks of the area municipalities, the Mayors and Members of municipal Councils be asked to consider partnering in the public information session, and THAT the Region of Durham be formally requested to allow the consultants that they have hired for the Energy-From-Waste file to participate in the public information session" 2. Clarification of Resolution Although the foregoing resolution appears self explanatory, it would be appropriate to establish a clear understanding of the meaning and intent of the resolution, as well as to provide certain assumptions which underpin the comments and discussions that follow: a) This resolution is not a direction for staff to hold a Public Information Session (PIS). Therefore no action will be undertaken by staff unless council directed otherwise b) This resolution does not seek staff comments on the merits of the PIS. Therefore, there will not be any comment or reference made to this matter. C) This resolution requests staff to look at the "potential cost" and"logistics" of holding a public information session. Therefore, this report will only focus on these two elements. d) The resolution makes reference to both the EFW and the"facility"which we interpret as meaning the same thing. Therefore, other waste management options such as landfill, diversion, etc. will not be factored into the `cost and logistics' discussion. e) The resolution refers to providing expert opinions. We assume this means outside experts. Therefore Clarington staff will not participate in any information presentation REPORT NO.: CAO-05-08 PAGE 3 and or debate. Further, Clarington does not have any expert on staff in matters such as human health and associated environmental impacts. f) The resolution requests partnership with area municipalities and assistance from the Region of Durham. We assume no decision will be made until the Municipality receives the responses from these municipalities. 3. Logistics and Costs The balance of this report will focus on both the "cost"and"logistics" of holding a PIS pertaining to the EFW facility. For ease of understanding, we have broken down the subject matters into several headings and provide comments and discussion under each heading. These headings are: a) Picking the topics b) Choosing the presentation format C) Selecting the experts d) Using a moderator e) Choosing a venue location f) Selecting a date(s) g) Determining the costs 3.1 Picking the topics The current EA process mandates the Region to examine several areas. They include the consideration of alternative ways of residual waste disposal, site selection, and risk assessment (human health, air quality). In addition, economic impact and business case is also subject of considerable interest and discussion. Many consultants' reports, peer review reports, staff reports have been produced on these topics and there will be more reports generated as the EA process progresses. Ultimately the number of topics being selected for information presentation will determine how much time is needed to be set aside at the PIS. Council has the options of either directing all topics to be covered or selecting a few that it feels is important to the community. In any event, Council should be cognizant of the fact that if all the topics are selected, a minimum of one day and perhaps two days may be necessary just to make sure the experts have the opportunity to present the information in a thorough manner, and presumably to allow sufficient time for questions from the floor. For an evening session, of two (2)to four(4) hours in duration, two or perhaps three topics are probably the most that can be covered in any meaningful way. 3.2 Choosing the presentation format After determining the topics to be presented, a decision is required on the format as to how best to present the information at a PIS. Information sessions undertaken by the Municipality in the past were mostly based on a self-educated format with display of relevant information REPORT NO.: CAO-05-08 PAGE 4 augmented by the presence of staff/consultant/expert to answer specific question on a one-on-one basis. To the extent the resolution refers to `provide pros and cons sides', it obviously implies some forms of formal presentation. In this regard, the information can either be presented by way of a panel of experts or having two or more experts debating a particular topic. Since `questions and answers' is an important feature of any PIS, and for the purpose of encouraging community participation, the question period will be worked into the presentation format by the moderator. 3.3 Selecting the experts There are no shortages of experts who can speak to any subject topic related to the proposed EFW facility. However, convincing the experts to attend the PIS could be problematic for several reasons. Firstly, experts are individuals who acquire special skills and knowledge through training and experience in the selected field of study. They generally include academics and consultants but would exclude any individual without the pre-requisite credentials. Experts provide facts; analysis and professional opinions and they are governed or guided by their respective professional associations' code of ethics or code of conducts. As a result, experts seldom take on an advocacy role although their opinions may be interpreted otherwise. Experts will have different points of views but that do not necessarily mean they will take side on a particular issue. We understand the resolution speaks to finding the experts to provide opinions on either the "pro" or the `con' side. Under this scenario a large number of experts may decline. It may be easier to find experts who are willing to provide a balanced view rather than taking a definitive "pro"or"con"approach. A second potential problem relates to the issue of conflict of interest, perceived or otherwise, faced by the many experts. As Council is aware, there are many experts who have been engaged by the Region and Clarington throughout the EFW EA process. In addition,we believe some experts may have business relationship with the bidders vying for a contract with the Region to build the EFW. The existence contractual agreements will preclude them from participating in the PIS. Request has been forwarded to the Region to see if it would allow its consultants to participate and we will await that decision. In the event those experts who have ties with the EFW project are not available, the municipality can seek out other experts from the consulting and the academic fields. There is also the possibility of seeking experts who are employed by governments and public agencies. Regardless, it would appear premature at this time to decide on the issue of expert selection. Should council decide to go ahead with the public information session, staff will provide a roster of available experts on various topics for Council to consider and to select them. 3.4 Use of Moderator Although the resolution makes no reference to utilize the service of a moderator, it is prudent that a PIS with the scope that envisaged by council be guided by a moderator. Assuming council REPORT NO.: CAO-05-08 PAGE 5 is in agreement and does not wish to be involved in the selection of a moderator; staff will seek out an experienced individual with emphasis to those who are currently working in the media field. Procedures and ground rules will be necessary to ensure the PIS is conducted in the most efficient and effective manner. Matters such as time allocated for presentation,method of handling questions and answers, etc. would be best left to the moderator to decide. 3.5 Venue location It is difficult to guess the number of people who will attend the PIS. Given the very high interest shown by a large number of individuals, it is reasonable to assume that a large crowd can be expected. Assuming the PIS would be held within Clarington, G.B. Rickard Complex is the only facility that can accommodate upward of 400 persons. This facility is available mostly during day time hours but is generally booked in the evening for various programs and community activities. Depending on the date selected, some users groups may be inconvenienced. 3.6 Date Given several outstanding issues cited previously, it is premature at this time to pick a date even if council decides to go ahead. The most critical element in determining the date is the availability of experts because most have commitments that would preclude their availability on short notice. In addition, significant lead time is also required to plan and organize the PIS. There is an outside chance to have the PIS held in late June or early July but it is contingent on everything moving smoothly. Realistically, an early fall date would be more workable. 3.7 Cost There are many direct costs related to each and every item discussed previously. They include staff time, experts and moderator's fees, facility and equipment, as well as advertising. a) Staff time Planning, organizing, and operating an event of this nature and scope requires many hours of staff time, from the CAO to the overtime paid to the extra staff need to be on the day of the event. A conservative estimate of total staff time would cost between $3,000 - $5,000. While much of the event planning would be performed by staff during normal working hours by re-arranging work priorities,the time spent does carry a cost and is factored in the total cost equation. b) Experts'fees REPORT NO.: CAO-05-08 PAGE 6 Unless the Municipality manages to commit experts from the public sector, the cost to engage the service of experts from the private sector is inevitable. Our research in this area reveals that there is a wide range of fee structure for expert to provide expert opinion depending on the subject matter, and how the expert opinions are being used. A similar comparison would be arranging for an expert to speak at a seminar or conference. In those situations, the fee could vary between$3,000 to $5,000 plus transportation and incidental costs. High profile expert will command a higher fee and the number of experts being invited would also impact the total cost. For the purpose of estimating the cost of engaging experts, we assume four experts will be required. c) Moderator's fee Similarly, the municipality would have to provide an honorarium or fee for moderating service. What one moderator will charge could vary substantial from another. Generally, a moderator will determine his fee structure on the time required to prepare as well as to perform the moderation task. We estimate that a fee of$1,000 to $2,000 would not be unreasonable. d) Facility and equipment Despite the G.B. Rickard Complex is a municipal facility, there is a hidden cost in using this facility. As mentioned previously, this facility is booked most evenings. If another user is bumped, the municipality probably have to make that extra effort to compensate the loss of booking. The cost of an evening hall rental at the Rickard Complex is around $500. This cost does not include the audio equipments that are required. The Rickard Complex is not set up with the type of audio equipments that can facilitate presentation, debate, or for persons asking questions from the floor. This service would have to be contracted out at an estimated cost of$1,000 to $1,500. Another potential cost relates to the potential need for security personnel for crowd control purpose. While we do not expect unruly behaviour, over crowding beyond the hall capacity could be an issue. We have provided for a miscellaneous item to account for this cost as well as other unforeseen costs. e) Advertising Given the high profile of the proposed EFW facilities and the wide spread interests from individuals both living within and outside Clarington boundary, it would be prudent that the event be widely advertised in all available media that serve the geographical area of Durham Region. Consistent with past practices of public notice, only print media will be used. Based on our current advertising rate with the Metroland newspaper, we extrapolate the rate and estimate that a quarter page advertisement in the Metroland owned newspapers circulated in all area municipalities would cost about $750-$850 per week. There will be additional $100 to $200 for Orono Time depending on the size of the REPORT NO.: CAO-05-08 PAGE 7 ad. In total,we estimate that advertising cost for one week will be in the neighbourhood of$1,000. Similar to other public notice requirement,the advertisement shall run for four(4) consecutive weeks at a total advertisement cost of about$4,000. Notice of the PIS will be placed on the municipal web site and requires very minimal staff time. Should Council wish to reduce the cost of advertising, a small advertisement can be placed in Page 2 and this will substantially reduce the advertising cost. f) Summary of cost Staff time $3,000 - $5,000 Experts' fee (based on 4 experts) $12,000 - $20,000 Moderator's fee $1,000 - $2,000 Travel &incidentals for experts $1,500 - $2,500 Facility& equipments $1,500 - $2,000 Advertising(4 weeks) $4,000 Miscellaneous $2,000 - $4,000 Total $21,000 - $39,500 g) Funding sources Council's resolution appears to contemplate financial partnership from the area municipalities and the Region. The cost of hosting the PIS could be reduced if we receive positive feedbacks from these partners. Nonetheless, the maximum amount should be accounted for and fund be set aside for this purpose. Since this is an unplanned event, the cost has not been included in the 2008 budget. The Director of Finance advised that Council can direct to draw funds from the Municipality's Contingency Account which currently has a balance of$28,000, and/or to draw from a Reserve Fund. Total expenditures will be recovered through a general levy to the tax payers in the 2009 budget. It should be noted that the cost estimates are based on a PIS for the EFW facility only. If other waste management options are proposed, the cost estimates would require reconsideration. No decision is required at this time but Council should be aware of the cost implication related to hosting a PIS. 4. Staff Resource Planning, organizing and operating the proposed PIS is a major undertaking and will require a lot of lead time and staff resources. Significant involvement is required for whoever being assigned to lead this project. Tasks such as finding the available experts and engaging these individuals are very time consuming. The undertaking of a PIS is not dissimilar in planning and organizing a mini-conference which requires both time and manpower to ensure a well run and well organized REPORT NO.: CAO-05-08 PAGE 8 event. The CAO Office has no staff that can assist in this undertaking nor does the CAO have any extra hours to spare. Should council decide to go ahead with the PIS,the task would have to be assigned to the Planning Department which at least have the option of shifting priorities and reallocating staff resources to take on this project. ht discussion with the Director of Planning,he is very concerned that the current heavy workload in the department would be impacted. Nonetheless, his department is prepared to do whatever council directs. 5. Sequence of Actions Assuming Council intent is to proceed and based on the foregoing discussion, it would appear the following steps are necessary prior to Council making the final decision to host the PIS. Step 1 Council renders its decision on key logistical items as contained in the recommendations of this report Step 2 Staff reports to Council on - name of available experts - suggested date of PIS - responses from Area Municipalities and Region Step 3 Council renders decision to either to host or not to host the PIS Step 4 Should Council decide to host the PIS, Council will - select the experts - confirm the event date - approve event budget 6. Conclusion This report covers all the points contained in the Council's resolution of April 21, 2008. The recommendations contained herein reflect the comments and observations made throughout this report, and are consistent with the four-step process mentioned in the previous section. An Improved Regulatory Framework for the Management of Non -Agricultural Source Materials Environmental Registry Posting 010-1436 Ontario Ministry of the Environment Ontario Ministry of Agriculture, Food and Rural Affairs Outline Non-Agricultural Source Materials (NASM) ➢ Regulatory History The Proposed NASM Framework ➢ NASM Categories ➢ NASM Sub-Categories ➢ Revised Standards Non -Agricultural Source Materials • Non-Agricultural Source Materials (NASM) includes residual materials from municipal sewage treatment plants, pulp and paper mills and off-farm food processing. • Ontario has experience in regulating these materials for over 30 years. • Experience and research has proven these materials to be beneficial to crop production and , provided appropriate standards and practices are followed , is safe to both human health and the environment. • The agricultural use of NASM has been , and d . be, an important nutrient management o continues to in Ontario. Regulatory History 2002 - The Nutrient Management Act was promulgated • Provides authority to establish province-wide standards for the management of all materials containing nutrients. 2003 — O. Reg. 267, under the Nutrient Management Act was filed • Provides definitions, phase in requirements for strategies and plans, and standards for land application and siting and construction. 2005 — O. Reg. 267 was revised to: • Increase the number of farms practicing nutrient management; • Refine requirements for approval & registration of strategies & plans; • Simplify regulations and streamline requirements for farmers. Proposed NASM Amendments • Proposed amendments will improve the regulatory framework for the management of NASM and reduce regulatory overlap. This proposal moved forward in two phases. Phase 1 • The phase-in dates for generators of NASM and some farmers were extended in November 2006 Phase 2 • The current proposed framework was posted on the Environmental Registry until January 5, 2008. • Comments will be used to develop regulatory amendments. • The proposed regulations will be posted for public comment. Proposed NASM Framework • Proposed changes: • Builds on standards that already exist in the regulation . • Incorporates a risk-based system of standards and approvals under the O. Reg . 267, focusing on the quality of the material being land applied . • Provides a streamlined regulatory environment for stakeholders, administrative efficiency and clearer accountability. • Covers application of all nutrients on all the agricultural - -- -1 --- 11_ - ..-- .•-- _ _ Removing Regulatory Duplication • Currently, transportation and land application of NASM are regulated under two different regimes. • The Nutrient Management Act (NIVIA) requires: - A nutrient management plan and/or strategy. - Training and certification for plan and strategy preparers. - Training, certification and licensing for applicators and transporters. • The Environmental Protection Act (EPA) requires: - A waste management system certificate of approval for transport and transfer sites. - An organic soil conditioning site certificate of approval for land application. Proposed NASM Categories Categories Characteristics Example of Material 1 & 2 • Very low metal and pathogen content • Of plant origin • Equal to, or less than concentrations found in • Culled fruits, vegetables regulated compost or fertilizer • Lime from sugar refineries 3 • Low in metals • Washwaters from • Low pathogen concern but require regular processing animal-based sampling and analysis of metals materials such as meat, eggs or milk • Washwaters from a meat processing facility 4 • Quality with respect to metals is assured Pulp and Paper Biosolids through sampling and analysis • Has a level of pathogen risk; further sampling and analysis may be required to demonstrate lower risk rJ Same as Category 4 Sewage Biosolids 6 Materials not listed above or mixed materials from above categories Sub-Categories • Further categorized based on metals, pathogens, and odour. • Categories will regulate the land application standards: 0 — setbacks from surface water; — setbacks from wells; — depth to bedrock; — depth to unsaturated soil; — pre-harvest grazing, and — winter application. Materials required to meet quality criteria standards set out in the EPA or not be permitted to be land applied . (e.g . high Mn+nICl 11" LO • Odour sub-category designation depends on the type of material and length of storage. • Odour sub-categories determine setbacks from individual residences, residential areas and institutions. • When NASM from different odour sub-categories are mixed , the highest odour sub-categorization prevails. • Where the NASM odour subcategory is unknown or where the proponent wants to adjust the odour sub-categorization , a nutrient management strategy must be submitted to the OMAFRA Director for approval . Nutrient Management Strategies & Plans • Registered plans and strategies must be prepared by certified person and kept on site and be available to an inspector. • Approved plans and strategies must be prepared by a certified person and be approved by an OMAFRA director. Instrument NASM Category 1 2 3 F4 j 5 1 6 Nutrient Management Registered (operation) Approved Strategy Field Nutrient Management Registered (operation) Approved Plan Field Nutrient Management Plan • Currently all fields that accept NASM require an Organic Soil Conditioning Site approval under the EPA. • The new framework will require each field that accepts NASM to have a plan prepared by a certified person . • Only the field that accepts NASM required to have a NMP, rather than phasing in the entire farm , which was a deterrent to some farmers accepting this material . • Will ensure that each site that accepts NASM will optimize the nutrient benefits while minimizing adverse Land Application Requirements Restrictions on Liquid Application Rate Current • Section 42 of the regulation sets out restrictions on the application rate of liquid NASM on agricultural land. Proposed • S.42 will continue from October 1 to June 14 the following year. • From June 15 — September 30 the maximum application rate can increase to 130M3 per hectare /24 hour period for all hydrological soil groups and slopes. • A prohibition for application on slopes greater than 12%. • The application of NASM must not result in ponding on the field or runoff to surface water over soil surface or through tile drains at any time. Minimum Beneficial Quality NASM must meet one of the following before being land applied : • Aqueous NASIVI — Plant Available Nitrogen + Plant Available Phosphorus + Plant Available Potassium > 10mg /I • Non-Aqueous NASIVI — Plant Available Nitrogen + Plant Available Phosphorus + Plant Available Potassium > 13,000mg /kg • Liquid NASIVI — Aqueous solution or suspension >99% water by weight can be applied June 15 to Sept 30. Soil Phosphorus Current: • O. Reg . 267/03 prohibits the application of NASM where the soil phosphorus exceeds 60 milligrams per litre. Proposed : • If the concentration of available phosphorus in the soil exceeds 60 milligrams per litre: — Only Category 1 NASM can be applied to the field ; unless — The director is satisfied that the addition of the NASM will not result in a measurable increase in the level of phosphorus in soil. Soil pH Current: • O. Reg . 267/03 prohibits the land application of NASM where the soil pH is less than 6. Proposed : • If the soil has a pH of less than 6, NASM must not be applied on the field , unless: — It is used to increase the soil pH; — The metal concentration of the NASM does not exceed CM 1 ; or — The Director is satisfied that the addition of the NASM will result in beneficial adjustment in the soil pH. Setback from Surface Water Current: • O. Reg . 267/03 prohibits the application of NASM within 20m of the top of bank of surface water. Proposed : • The proposal recognises some metals and pathogens. NASM have low risk, with low • Therefore NASM that meets CP1 and CM1 may be spread between 3 metres and 20m , provided that: — The NASM is injected or placed below soil surface; or — Incorporated within 24 hrs; or — There is a living crop or crop residue covering at least 30% of the land surface. Setback from Wells • Setbacks from wells remain as they are in O . Reg 267 . — 100m municipal wells — 15m drilled wells — 90m to all other wells • However: — Low risk NASM (CP1 and CM1 ) may reduce the distance from `other' wells from 90m to 30m . Depth to Bedrock • Table 4 in the proposed framework outlines the full details on the minimum depth to bedrock. • Based on risk, where: — Materials with low metals and pathogens can be land applied with less soil cover. — Solid NASM has less restrictions due to less potential for movement. • Sets out maximum application rates and site preconditioning requirements. • No restrictions where depth is greater than 90cm . Depth to Unsaturated Soil Current: • At least 30cm of unsaturated soil for NASM application . Proposed : • Only low risk NASM (CP1 and CM1 ) can be applied with only 30cm of unsaturated soil. • Table 5 determines risk level based on hydrological soil groups and depth. • Table 6 in the proposal sets out restrictions and requirements based on risk from Table 5 and type of NASM to minimize potential groundwater contamination . • There are no restriction on soils with at least 90cm of Pre-harvest and Pre-grazing • Requirements remain the same as currently required in O . Reg 267 . — e.g . No person shall harvest tree fruits and grapes from a field where NASM was applied within 3 months. LI — These are the same as the Biosolids Utilization Guideline Proposed — Materials with low the waiting period pathogens (CP1 ) may reduce to 3 weeks for both pre-harvest Winter Application • Standards revised to reflect the reduced risk posed by low risk solid NASM (CP1 and CM1 ). • New land application standards outlined for pulp and paper biosolids. • The prohibition on land application of sewage biosolids in winter will continue to apply. Maximum Application Rate • Proposed framework will revise current provisions used to determine the application rate of NASM on agricultural land . • Maximum application rates are determined based on : — nutrient needs of the crop - metals — phosphorus - nitrogen — sodium - boron — fat, oil, and grease (FOG) • Category 1 application rates set by either the sampling and analysis, a table in the proposed framework, or an absolute limit of 20 tonnes/hectare/year. Categories 2-6 application angIvSi.q_ rates set by sampling and Sampling and Analysis • All sampling and analysis requirements set out in proposal. • The generator is responsible for NASM sampling and analysis. • The person preparing the nutrient management plan is responsible for sampling and analyzing the soil. • If soil sampling is required , the analysis must be conducted within the 5 years prior to applying NASM to the soil. • Changes to sampling and analysis methods different from those in an approved nutrient management strategy will be added as a cessation trigger for a nutrient management strategy. Storage Requirements • Temporary storage requirements follow what is currently in Reg . 267 plus: — Temporary field storage for solid COA1 and COA2 must meet setback from other properties. — COA3 NASM must not be stored in a temporary field nutrient storage site unless it is covered , stored less than 24 hrs, and meets the setbacks from other properties. — Liquid NASM may be stored in a portable tank provided that NASM is not stored more than 24 hrs, and that the volume stored can be land applied within 24 hrs. Storage Requirements , Cont' d NASM may be stored in a permanent nutrient storage facility at an agricultural operation as long as: — Liquid NASM is stored for no longer than 14 days; — Must be applied to land that is owned or operated by the owner or operator of the storage facility; — The storage facility must be fully contained ; (i.e. no piles) — Facilities constructed or expanded after this framework comes into force must meet the NMA Siting and Construction Standard requiremen Certification • Proposed changes include: — Requirement for a non-agricultural operation plan development certificate; — An update course and test for maintenance of certification ; — Clarification that a prescribed material business application licence and brokers certificate can be issued to either a company or an individual; — Authority of Director to include conditions in the certificates and licences. 11 ws" t -�� Aga w�� • . • n r , ew e i-o v Managing Urban Nutrients Responsibly Production Sewage biosolids result from municipal wastewater Applying biosolids to agricultural land treatment. benefits urban and rural communities alike. The treatment of municipal wastewater produces: • clean effluent that is discharged to a nearby watercourse Sewage biosolids have been utilized on agricultural • sewage biosolids, which are high-organic solid, semi-solid, or liquid land in Canada, the United States and Europe for materials that are retained for further treatment and processing. more than 30 years. Applying sewage biosolids to farmland is an important means of recycling nutrients Sewage biosolids are then stabilized by methods such as digestion or in the environment. As such, the process offers addition of lime to reduce the pathogen content and odour-producing economic and environmental advantages to society potential. Once stabilized, biosolids can be applied to land in liquid form, at large. or he dewatered and applied as a solid material. As with spreading manure, applying biosolids may produce odours. And as with manure, odours Sewage biosolids contain nutrients. can be reduced by timely incorporation into the soil. When planning biosolids application, it's of utmost Biosolids contain nutrients and organic matter that are important to plant importance to use best management practices,which growth, such as: help to maximize benefit by conserving nitrogen, • mineral and organic nitrogen, and phosphorus while minimizing odour. • micronutrients such as zinc, magnesium and copper. The sewage biosolids land application program in Ontario is regulated. Land application is regulated They may also contain trace amounts of other elements such as arsenic, under Regulation 347 of the Environmental Protection lead and mercury. Concentrations of these elements in land-applied sewage Act and Regulation 267/03 under the Nutrient biosolids are regulated under the Nutrient Management Act, 2002, and the Management Act,2002. Environmental quality,food Environmental Protection Act. safety and human health issues and concerns are addressed in both Regulations and supporting land Crop production can be enhanced by biosolids. application publications of the Ontario Ministry of Agriculture and Food and the Ontario Ministry of the When applied according to best management pr<utr<<,s, sewage biosolids will: Environment. In addition, each farm site receiving • improve soil fertility-offsetting the need for commercial fertilizers sewage biosolids must be approved by the Ministry • add organic matter-enhancing soil structure, moisture retention and of the Environment. permeability, while reducing the potential for wind and water erosion. Municipal -tal concentratio sewage blosolids [1 Fw-�o Metal Maximum Typical 0 0 F aoo 0 Concentration Concentration MUNICIPAL WASTEWATER (mg/kg solids) (mg/kg solids1l Arsenic 170 4.3 WASTEWATER TREATMENT PLANT T umm SECOND Cadmium 34 3.4 �► CFRAItlNATIDN(OIfRlFECTIDN) ��►TO SURFACE TREATMENT 7REATMENT WATER OUTLET Cobalt 340 6.5 Chromium 2800 80 BIOSOLIDS LJ�uouos WINTER STORAGE Copper 1700 550�L Mercury 11 1.4 SWUNG Molybdenum 94 6.5 1 Nickel 420 12 soups TRANSPORTATION �/ ` BIOSOL Lead 1100 48 DKW3T10N / \l` APPLICATION Selenium 34 2.7 Zinc 4200 506 • Source:2002 Survey of Municipal Sewage Biosolids Quality (Ontario Ministry of Agriculture and Food and the Ministry of the Environment) Typical • biosolids Type of Sewage Total Solids Total Nitrogen Fertilizer Equivalent Total Phosphorus Fertilizer Equivalent Biosolids (%wet weight) (%dry weight) Nitrogen (%dry weight) Phosphate(P,OS) kg/m3 Lbs/1000 gal kg/m' Lbs/1000 gal (wet wt.) Lbs/ton(wet wt.) (wet wt.) Lbs/ton(wet wt.) Aerobic Liquid 1.6 5.1 0.25 2.5 2.7 0.4 4 Anaerobic Liquid 3.0 6.5 1.07 10.7 3.6 1.0 10 Anaerobic Semi-solid 26 4.0 3.98 8.0 2.7 6.45 13 (Dewatered) Lbs/ton Lbs/ton • Nitrogren Fertilizer equivalent is the sum of the inorganic nitrogen plus 30%of the organic nitrogen applied. It is assumed that no nitrogen is lost during application. • Phosphate Fertilizer equivalent assumes 40%phosphorus availability in the year of application. Suitable crops for biosolids land application Field corn, hay, haylage, pasture, and These crops are well-suited to using nitrogen supplied by biosolids. Nutrients such as commercial sod _ _ nitr gen-shoul-d_be applied vvithin-crop recommendations. Cereals Nitrogen management is critical to avoid over application that may result in the crop lodging(fallir� down) before harvest. Perennial legumes and soybeans Soybeans and hay crops containing more than one-half legumes do not require added nitrogen but will use added nitrogen rather than fix nitrogen from the atmosphere. Biosolids that supply phosphorus, and/or organic matter can be of benefit to these crops. Some materials may cause management concerns. For example, viable tomato seeds if present in sewage biosolids can pose a weed problem in a soybean crop. Tree fruits and grapes Some biosolids may be applied in late fall. However, as is the case for other crops, nitrogen management is critical to avoid over or under application that may cause poor fruit quality,delayed hardening of trees or vines,or winter injury. Notes: • The maximum application rate per hectare for sewage biosolids must not exceed the maximum rate specified in the site Certificate of Approval or as determined by the Nutrient Management Plan,whichever is most restrictive. • Nitrogen application rates for individual crops should not exceed recommended rates. Refer to Ontario Ministry of Agriculture, Food Publications 811 —Agronomy Guide for Field Crops, 360—Fruit Production Recommendations, and 363—Vegetable Production Recommendations, for recommended nutrient application rates. • The Ontario Ministry of Agriculture and Food nutrient management computer program, NMAN, can be used for the determination of suitable application rates. Sewage Biosolids : From Generati-, Generation & Transportation Treatment A41,11y er vt r !f r r, - , C.- _J � `�' '- .- _il 11e pk,�.. �!1 C' _ � ,.�.r�r• 'rsd .r e °• biosolids -. � ` .; ��'• transport infection —� application Vii. � - `_ r � ` - •�y-% X 0.3 minimufn &6th er, o of unsaturated soil l..N� .. � . •- �,fib,.-..�. •. g .. t1. - -... . may, �' {��•_ - • � *'� :• _ ..5" 1. a.a�.rs• {' S Dn to Beneficial Reuse s +� Agricultural Land Application Separation distances DISTANCE (m) Bedrock 1.5 Drilled well (> 15m depth) 15 Dug well 90 Residence 90/25* Residential area 450/50* surface, - appflcatiq �j, - 90/25* - Residence: 90m if surface applied or 1 25m if injected or incorporated within 6 hours - 450/50*- Residential Area:450m if surface applied or 50m if injected or incorporated 204 within 6 hours. l' 90m —�► ��:; a o , Regulation 267/03 under the Nutrient Managemen Act, 2002, requires a minimum 20m separatiot distance between the top of the nearest bank o a surface watercourse and the area of applicatiot of municipal sewage biosolids. Greater separatioi ,y f •I .' distances may be required depending on the soi t' type, the slope of the land and the applicatioi +, method used in the area near the watercourse Separation distances are determined on a case b� case basis. o � *20m wider separation distance may be required, depending on slope, soil type and run-off potential Artwork: Irene J. Shelton • • • • • • • Wise management will get the most benefit from the applied biosolids, while protecting the environment and the health of `• . • ' • • • • • • people and animals. r: Municipal wastewater treatment plants receive raw sewage from farm-specific management residential, industrial and commercial sources. Bylaws regarding plan balances • • requirements, municipal sewer-use do much to control the quality of the raw 1 sewage received at sewage treatment plants. However, treated land base, and available biosolids may still contain some chemicals that aren't beneficial to crops, but pose minimal risk to the environment when applied Improperly applied, nutrients can be deleterious to soil and to land in accordance with the Regulations. water resources. For example: • excessive nutrient applications can pollute surface and ground water • nitrate nitrogen is very dynamic and excessive soil nitrate at the end of the growing season can leach into ground water, g posing a risk to human and animal health • phosphorus binds to soil, and can move with eroded soil to R_... rivers and lakes, degrading water quality and harming fish and wildlife habitat. Over application of nutrients is also a waste of money. r.� As nutrient sources, sewage biosolids should only be applied in accordance with nutrient management planning principles , ti * -meaning that total available nutrients applied should not exceed •- ,,,,� what the crop can use. The Regulations were developed to ensure that any biosolids being used are of benefit to crops, and are applied to land so as The three commandments of nutrient management not to degrade the natural environment or pose harm to human or animal health. 1. Know 2. Know what you need. The Regulations set out criteria for: ' ' • concentrations of 11 elements of concern • amount, method and timing of application • separation distances from sensitive areas • suitable soil types and topography. • generated • The key to successful sewage biosolids utilization is management, benefit crop production or • quality. which is a combination of: • proper application methods Some industrial processes produce organic and inorganic residuals • best management practices that may benefit crop production, such as food processing by- nutrient management planning. products and paper mill biosolids. As with sewage biosolids, application of these residuals to land must be in accordance with the Regulations. In addition, these residuals may be subject to a more rigorous review by the Biosolids Utilization Committee (BUC). For more information about BUC, or land application of materials other than sewage biosolids, 'j contact the nearest office of the Ministry of the Environment or the Ontario Ministry of Agriculture and Food. a a Roles • • responsibilities on- communication management ZZ • .. • • • on ROLE RESPONSIBILITIES ROLE RESPONSIBILITIES MUNICIPALITY • must keep records of: FARMER(cont'd) ensuring that all waiting periods(as (as generator of - biosolids quality outlined in the Regulations) between the biosolids) - location of all application sites biosolids application and harvesting or - volumes applied to each site grazing are observed • is also responsible for: utilizing best management practices in - ensuring land-applied biosolids meet the order to optimize the benefit and criteria in the Regulations minimize the risk of sewage biosolids - providing alternative destinations if biosolids land application don't meet the criteria or can't be applied due to weather or field conditions - preparing a Nutrient Management Strategy For more information 0 HAULER/ • is responsible for: APPLICATOR - uniform land application that does not exceed the maximum application rate • For more information or to obtain a ministry publication call - timely application that is mutually the Ontario Ministry of Agriculture and Food, beneficial for the hauler and the farmer Agricultural Information Contact Centre at 1-888-466-2372 • must provide the farmer with a report from within Ontario. indicating the fertilizer equivalent values of the land-applied biosolids Email your requests to products @omaf.gov.on.ca or visit this is essential for the farmer to make the OMAF website at www.omaf.gov.on.ca.Orders can be sound nutrient management decisions faxed to(519)826-3633 or mailed to Guelph Government Information Centre,1 Stone Road West,Guelph,Ontario,NIG 4Y2 Call the OMAF nutrient management line at 1-866-242-4660 f or email: nman @omaf.gov.on.ca • Contact the nearest Government Information Centre or office of the Ministry of the Environment Additional OMAF Resources Land Application of Sewage Biosolids for Crop Production { Factsheet Order No. 00-023 - Agronomy Guide for Field Crops, Publication 811 - Soil Fertility Handbook, Publication 611 - Best Management Practices books: - Nutrient Management BMP 05 - Soil Management BMP 06 FARMER • has the right to: - Water Management BMP 07 request flexibility in the land application - Nutrient Management Planning BMP 14 program - stop or refuse biosolids application at any time • is responsible for: - ensuring that biosolids are land-applied at times that are beneficial for crop `' production, but not disruptive to normal Queen's Printer for Ontario,7005 farming practices AF135 03-05-10M Aussi disponible an fransais AN IMPROVED REGULATORY FRAMEWORK FOR NON-AGRICULTURAL SOURCE MATERIALS Ministry of the Environment and Ministry of Agriculture, Food and Rural Affairs September 7, 2007 Draft for EBR Consultation Only Environmental Registry Page 1 of 3 Environmental Registry x t Re istre environnemental Ontario vm V Government of Ontario Site Map Frangais About the Registry Search 0 How do I ...? Q MyEBR 0 0 FAOs 111 Links 111 Contact Us III Home Regulation Proposal Notice: EBR Registry Number: 010- 1436 Title: Ministry: An improved regulatory framework for the management of non-agricultural source Ministry of the Environment materials (NASM). Date Proposal loaded to the Registry: September 07,2007 Keyword(s): Agriculture I Nutrient Management I Waste Related Act(s): Nutrient Management Act, 2002 Comment Period: 120 days:submissions may be made between September 07,2007 and January 05,2008. Description of Regulation: Contact: The Ministry of the Environment (MOE) and the Ministry of Agriculture, Food and All comments on this Rural Affairs (OMAFRA) have undertaken a two-stage initiative to improve the proposal must be directed regulatory framework governing application of non-agricultural source material to: (NASM)on agricultural land. Stage one extended phase-in date requirements for small and medium sized sewage treatment plants and other NASM generators to have nutrient management Kevin Webster strategies. It also extended the date when small and medium sized livestock farm Senior Policy Coordinator operations would be required to have nutrient management plans for NASM land Ministry of the Environment application, in cases where an organic soil conditioning site Certificate of Approval Waste Management Policy is in effect. This stage was completed with the filing of an amending regulation Branch (O.Reg 474/06) in October 2006, and the Environmental Bill of Rights Registry 135 St Clair Avenue West (EBR) decision posting on November 6th,2006. Floor 7 This posting describes the proposed second stage of the regulatory improvements Toronto Ontario under this initiative. M4V 1 P5 Phone: (416)314-9398 Currently, in cases where a NASM is also a waste under Part V of the Fax: (416)325-4437 Environmental Protection Act (EPA), there are overlapping approval requirements for NASM under the Nutrient Management Act, 2002 (NMA) and the EPA related to the management, transportation and land application of NASM. Specifically, transportation and land application of NASM requires the certificates and licences To submit a comment online, under the EPA and NMA. click the submit button below: The goal of the proposed NASM framework is to eliminate the current overlapping approval requirements and develop and revise existing standards for NASM under the NMA to focus on the quality of the materials. Overlapping approval requirements will be minimized or eliminated through a companion regulatory exemption under the EPA. vSt�bnllt�i�f11T714tttt,,, The proposed framework for the management of NASM focuses on the quality of the material being land applied, building on standards that already exist for NASM in Additional Information: the Nutrient Management Regulation, and expanding the existing framework to include greater detail and a wider range of alternatives for NASM. The framework is proposed to cover all the agricultural land where NASM will be applied in Ontario, as The following government opposed to just those farms that are already required to have a nutrient offices have additional management strategy. information regarding this Proposal.To arrange a This proposed framework will introduce the requirement for a field specific nutrient viewing of these documents management plan prepared by a certified person when NASM application is going please call the Ministry Contact or the Office listed Environmental Registry Page 2 of 3 to occur. These field level plans will identify all farm fields that will receive NASM below. and will provide details on how the NASM is to be applied to optimize the nutrient benefit and minimize adverse environmental impact. Waste Management Policy The revised framework creates six (6) categories of NASM. Each category Branch determines the level of approval required for nutrient management strategies and 135 St Clair Avenue West plans for the materials within that category. In addition to the basic categorization, Floor 7 NASM is also sub-categorized based on the concentration of metals, pathogen Toronto Ontario content and odour annoyance potential. The standards for land application and M4V 1 P5 storage of NASM are based on these metal, pathogen and odour characterizations. Phone: (416) 325-4437 In conjunction with the establishment of the revised NASM framework are exemptions from approval requirements under the EPA for a Waste Management System Certificate of Approval for the broker/hauler of the NASM, and for an organic soil conditioning site Certificate of Approval for a site where the NASM will be land applied. These EPA exemptions will be conditional on meeting the standards set out in O. Reg. 347, General Waste Management, made under the EPA. It is important to note that this process is only dealing with the application of NASM to agricultural lands. Application of NASM to other types of lands such as golf courses, rehabilitated mines etc. is not part of the proposed NASM framework amendments. The proposed framework will likely result in extensive amendments to the current Nutrient Management Regulation. Sampling and analysis requirements are based on the categories of NASM set out above. The proposed framework will also set out revised sampling and analysis requirements for soil of the land receiving the material. Currently O. Reg. 267/03 requires the person who is required to have a nutrient management plan to sample and analyse both the materials and the soil where the material is to be applied. The proposed framework will require the person who is. required to have a nutrient management plan to sample and analyse soil of the land where the material is to be applied and the person required to have a nutrient management strategy to sample and analyse the material. Purpose of Regulation: The Ministry of the Environment and the Ministry of Agriculture, Food and Rural Affairs have undertaken an initiative to improve the regulatory framework governing application of non-agricultural source materials on agricultural land. The goal of the proposed NASM framework is to minimize or eliminate the current overlapping approval requirements; develop and revise existing standards for NASM under the NMA to focus on the quality of the materials; and expand the existing framework to include all agricultural land where NASM will be applied in Ontario. The posting of this proposal on the EBR is the first step of a 3 step consultation process. Following this initial posting MOE/OMAFRA will be conducting stakeholder consultation.The third step will be the posting of a draft regulation on the EBR. Other Information: The document attached includes a plain language summary of the proposed regulatory amendments for an improved regulatory framework for non-agricultural source material. Public Consultation: This proposal has been posted for a 120 day public review and comment period starting September 07,2007. If you have any questions, or would like to submit your comments, please do so by January 05, 2008 to the individual listed under "Contact".Additionally,you may submit your comments on-line. Environmental Registry Page 3 of 3 All comments received prior to January 05, 2008 will be considered as part of the decision-making process by the Ministry of the Environment if they are submitted in writing or electronically using the form provided in this notice and reference EEIR Registry number 010-1436. Please Note: All comments and submissions received will become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered by the decision under for this proposal. 'x Af�dNo#� 1 Vtifa U , , �.4.e._. „r ...i....,... .�,.,f� '. Y.,a:.fi:...inn r v .:eiL .�L..r31* q�eC: €rR141t h.,i'u1.'H...L'�^G3X't fx.AR3,:.. il.tk_CLR^+ ...>.. y* $all.�T+uT i ., .Y.....,..d'.• .., .. ,.u...i.Y.....,v i.., The materials on this web site are protected by Crown copyright.You may copy and re-distribute any of the Environmental Bill of Rights information on this web site provided that the contents remain unchanged and the source of the contents is clearly referenced.You are not permitted to alter or add to the contents. ONTARIO HOME I CONTACTS I HELP I SITEMAP I FRANQAIS Q Ontario This site is maintained by the Government of Ontario,Canada. PRIVACY I IMPORTANT NOTICES Copyright information:©Queen's Printer for Ontario. 1994-2007 Table of Contents ExecutiveSummary.......................................................................................... 2 1.0 Purpose ............................................................................................................. 4 2.0 Background....................................................................................................... 4 3.0 What is non-agriculture source material?......................................................... 6 4.0 Changes to the framework................................................................................ 7 5.0 Non-agricultural source material generator...................................................... 8 6.0 Responsibilities of NASM generators under the proposed framework............ 9 7.0 Proposed categorization of non-agricultural source material ......................... 10 8.0 Mixing materials from different categories .................................................... 11 9.0 Nutrient Management Strategies and Plans.................................................... 12 10.0 General land application requirements ........................................................... 13 11.0 Foreign objects and particle size..................................................................... 13 12.0 Restrictions on liquid application rate ............................................................ 14 13.0 Organic soils ................................................................................................... 14 14.0 Soil phosphorus .............................................................................................. 14 15.0 Soil pH............................................................................................................ 14 16.0 Minimum beneficial quality requirement....................................................... 15 17.0 Criteria for metals (CM)................................................................................. 15 18.0 Criteria for Pathogens..................................................................14 19.0 Standards determined by material sub-categorization.................................... 18 20.0 Criteria for odour annoyance (COA).............................................................. 23 21.0 Maximum application rate.............................................................................. 25 22.0 Calculating the maximum application rate..................................................... 27 23.0 Sampling and Analysis ................................................................................... 30 24.0 Record keeping............................................................................................... 33 25.0 Storage of non-agricultural source material.................................................... 33 26.0 Certificates and Licences................................................................................ 35 List of Tables Table 1 —Rules for mixing materials................................................................................ 11 Table 2 —Approval and/or registration requirements....................................................... 12 Table 3 —Metal sub-categories CMl and CM2................................................................ 16 Table 4—Minimum depth to bedrock............................................................................... 19 Table 5 —Risk of potential groundwater contamination................................................... 20 Table 6— Standards for land application of NASM based on potential risk level............ 21 Table 7 — Separation distances based on odour annoyance sub-category ........................ 24 Table 8 —Maximum metal addition to soil and maximum metal concentrations in soil.. 26 Table 9 —PAN and PAP for Category 1 NASM (in kg per tonne, wet weight basis)...... 28 List of Appendices Appendix 1 —Non-agricultural source material framework categorization summary DRAFT for EBR Consultation Only 1 September 7, 2007 Executive Summary The Ministry of the Environment (MOE) and the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) have undertaken a two-stage initiative to improve the regulatory framework governing the application of non-agricultural source material (NASM) on agricultural land. Stage one extended phase-in date requirements by which small and medium sized sewage treatment plants and other NASM generators were to have required nutrient management strategies. Stage one also extended the date when small and medium sized livestock farm operations would be required to have nutrient management plans for land application in cases where an organic soil conditioning site Certificate of Approval is in effect. This document describes the proposed second stage of the regulatory improvements under this initiative. Currently, in cases where a NASM is also considered a waste under Part V of the Environmental Protection Act, there are overlapping approval requirements for non-agricultural source material under the Nutrient Management Act, 2002 and the Environmental Protection Act related to the management, transportation and land application. Specifically, transportation and land application requires certificates and licences under both of the acts. The goal of the proposed framework for non-agricultural source material is to eliminate the overlapping approval requirements, and develop and revise existing standards under the Nutrient Management Act, 2002 to focus on the quality of the materials. The proposed framework for the management of non-agricultural source material focuses on the quality of the material being land applied, building on standards that already exist in the regulation, and expanding the existing framework. It includes greater consideration of alternatives and covers all the agricultural land where non-agricultural source material will be applied in Ontario, as opposed to just those farms that are already required to have a nutrient management strategy. In conjunction with the establishment of the revised framework for non-agricultural source material, exemptions from approval requirements under Environmental Protection Act for a Waste Management System Certificate of Approval for the broker/hauler of the non-agri cultural source material, and for an organic soil conditioning site Certificate of Approval for a site where the non-agricultural source material will be land applied are proposed. These exemptions would be implemented through the development of a regulation. These proposed exemptions will be conditional on the non-agricultural source material going directly for land application and meeting the minimum quality standards set out in O. Reg. 347, General Waste Management, made under the Environmental Protection Act. It is important to note that this framework only deals with the application of non-agricultural source material to agricultural lands. Application of non-agricultural source material to other types of lands such as golf courses, rehabilitated mines, etc. is not part of the proposed framework amendments for non-agricultural source material. Furthermore, this framework is not proposed to apply to untreated septage. DRAFT for EBR Consultation Only 2 September 7, 2007 The revised framework proposes to create six (6) categories of non-agricultural source material. Each proposed category would have a specific level of approval for nutrient management strategies and plans for the materials within that category. In addition to the basic categorization, non-agricultural source material would also be sub-categorized based on concentration of metals, pathogen content and odour annoyance potential. Standards for land application and storage would flow from these further metal, pathogen and odour sub-characterizations. This proposed framework will introduce new requirements for field nutrient management plans for all agricultural land where NASM will be land applied. The proposed framework results in extensive amendments to the current Nutrient Management Regulation. Sampling and analysis requirements are based on the six (6) categories of non- agricultural source material. The proposed framework also describes proposed sampling and analysis requirements for soil of the land receiving the material. Currently, O. Reg. 267/03 requires the person who is required to have a nutrient management plan to sample and analyse both the materials and the soil where the material is to be applied. The proposed framework will require the person who is required to have a nutrient management plan to sample and analyse soil of the land where the material is to be applied; and the person required to have a nutrient management strategy to sample and analyse the material. The proposed framework would require individuals who prepare a field nutrient management plan for an agricultural operation applying non-agricultural source material to have a non- agricultural source material plan development certificate. The regulation will be clarified with respect to the issuance of certificates and licences to corporations and individuals. Another change is to provide the Director with the authority to include conditions in the certificates and licenses. The posting of this proposal on the Environmental Registry-is the first step in a 3 step consultation process. Following this initial posting MOE/OMAFRA will be conducting stakeholder consultation followed by the third step of a further posting of the draft regulation on the Environmental Registry. DRAFT for EBR Consultation Only 3 September 7, 2007 1.0 Purpose The Ministry of the Environment (MOE) and the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) have undertaken a two-stage initiative to improve the regulatory framework governing the application of non-agricultural source material on agricultural land. Currently there are two legislative schemes governing land application: the Nutrient Management Act, 2002 (NMA) and the Environmental Protection Act(EPA). Non-agriculture source material (NASM) generally includes materials like pulp and paper biosolids, sewage biosolids and any other material that is not from an agricultural source that is capable of being applied to agricultural land as a nutrient. Spreading organic nutrients on agricultural lands is considered beneficial to crop production and is safe to both human health and the environment. Stage one of this initiative, to improve the regulatory framework governing non-agriculture source material, was completed with the filing of an amending regulation (O. Reg. 474/06). The amendment mainly extended phase-in date requirements for small and medium sized waste water treatment plants and other non-agriculture source material generators required to have nutrient management strategies. A copy of the Environmental Bill of Rights decision posting can be downloaded from the following website: www.ene.rov.on.ca/envregistry/02803 I er.htm. This document describes the second stage of proposed regulatory improvements under this initiative. It provides an overview of the current duplicative approval requirements for NASM in the province and outlines the proposed framework. It also sets out standards for land application of each NASM that are appropriate to the level of risk. 2.0 Background Currently.there are overlapping approval requirements under the NMA and the EPA related to the management, transportation and application of non-agri cultural source material on agricultural land. These include certificates and licences issued by the MOE under the EPA and licences under the NMA issued by OMAFRA. Part V of the EPA requires that an operator must obtain a Certificate of Approval prior to using, operating, establishing, altering, enlarging or extending a waste management system or a waste disposal site. This means that haulers are required to obtain an approval to transport NASM. It also means that all sites (farm fields) where NASM is land applied require an Organic Soil Conditioning Site Certificate of Approval under the EPA. Certificates of Approval ensure that waste management activities comply with the EPA. They address site or system specific considerations relevant to the proposal, provide enforceable requirements that ensure protection of human health and the natural environment, and acknowledge issues that fall within the mandate of the Ministry. Technical DRAFT for EBR Consultation Only 4 September 7, 2007 staff review each certificate application to ensure each certificate meets Ontario's environmental protection standards. Currently the Nutrient Management Regulation (O.Reg. 267/03)under the NMA requires the following for operations that are involved in NASM: 1. Approved nutrient management strategy and approved nutrient management plan for some farm operations receiving non-agricultural source material; 2. Broker certificate for transportation and land application of non-agricultural source material on some farm fields; 3. Prescribed materials application business licence for a person engaged in the business of applying prescribed materials, including application of non-agricultural source material to some agricultural land; 4. Nutrient application technician licence for a person applying materials that contain nutrients including the application of non-agricultural source material to agricultural land. A nutrient management strategy is a document that describes how a NASM that is intended to be applied to agricultural land is to be managed over a specified period of time, typically over five years. It provides information on the type of material being generated, how it will be sampled and analyzed, how and where it will be stored, as well as its projected and final destinations (e.g., land application). During the development of a nutrient management strategy, the operation must make a number of operational and long-term planning decisions regarding the management of the material and its final disposition. Any operation that generates or manages a NASM that is intended to be applied on agricultural land, or contracts with a broker or hauler who intends to land-apply the material, must have an approved nutrient management strategy. A nutrient management plan provides the details of the land application of these materials. The nutrient management plan accounts for all nutrients being applied to the land. The plan optimizes a balance between nutrient application and crop uptake of these nutrients to maximize agronomic benefits and minimize environmental impacts. This plan identifies nutrient application rates, required setbacks, cropping practices and locations, crop rotation sequences and yields as well as soil and topographic data relevant to the plan. The nutrient management plan ensures an adequate land base for the nutrients applied to the land and is required for any farm that is phased in under the NMA. The NMA requires all individuals that transport NASM (brokers)be trained and certified in the Act and Regulations. The NMA also requires training and certification for individuals who prepare nutrient management strategies and nutrient management plans. The goal of the proposed non-agriculture source material framework is to: (i) eliminate unnecessary overlapping approvals for haulers and farmers; (ii) develop and revise existing standards for non-agricultural source material under the NMA to focus on the quality of material; and DRAFT for EBR Consultation Only 5 September 7, 2007 (iii) ensure environmental protection by extending the regulatory framework for application of non-agricultural source materials beyond livestock farms to encompass the whole province. Regulatory overlap is proposed to be minimized through companion exemptions under the EPA. This document describes the proposed non-agricultural source material framework amendments. It is important to note that this process is only dealing with the application of non-agricultural source material to agricultural lands. Application of non-agricultural source material to other types of lands such as golf courses, rehabilitated mines, etc. is not part of the proposed non- agricultural source material framework amendments. In addition, "untreated septage" is not included as a non-agricultural source material within the proposed framework. Where treated septage is generated and is intended to be applied to land as a nutrient, the generator of that treated septage will need to be aware of the requirements under the Nutrient Management Regulation and the required standards set out in this document and in the "Guide to the Land Application of Treated Domestic Septage" once it is finalized. Relationship to Source Water Protection Plans In general, the application of NASM to a field will require consideration of the vulnerability of groundwater and surface water to contamination and the risk posed by the NASM. These attributes will be the subject of studies undertaken by Source Protection Committees under the Clean Water Act 2006 and, when completed, will be available to use in consideration and approval of Nutrient Management Field Plans. The minimum separation distance tables proposed as regulation could be used alone, where Source Protection Plan policies are not mandatory in areas not considered vulnerable under the Clean Water Act 2006, or in conjunction with mandatory policies set out by a Source Protection Plan where significant drinking water threats are identified. 3.0 What is non-agriculture source material? Non-agricultural source material (NASM) has been defined in O. Reg. 267/03. It means: "any of the following materials, other than a commercial fertilizer or compost that meets the guidelines entitled Interim Guidelines for the Production and Use of Aerobic Compost in Ontario prepared by the Ministry of the Environment and dated November 2004, if the materials are intended to be applied to agricultural land as nutrients. Currently these materials include: 1. Pulp and paper biosolids. 2. Sewage biosolids. 3. Anaerobic digestion output, if less than 50 percent, by volume, of the total amount of anaerobic digestion materials that were treated in the mixed anaerobic digestion facility were on-farm anaerobic digestion materials. 4 Any other material that is not from an agricultural source that is capable of being applied to agricultural land as a nutrient". DRAFT for EBR Consultation Only 6 September 7, 2007 Provided appropriate standards and practices are followed, the spreading of organic nutrients on agricultural lands, whether NASM or agricultural source material, is considered beneficial to crop production and is safe to both human health and the environment. MOE has been approving the land application of NASM for over 30 years with no documented health or environmental impacts where ministry standards have been followed. 4.0 Changes to the framework The proposed framework for the management of NASM focuses on the quality of the material being applied on agricultural land. This framework builds on standards that already exist for NASM in the regulation, and expands the existing framework to include greater detail and to cover all the agricultural land where NASM will be applied in Ontario, as opposed to just those farms that are already required to have a nutrient management plan. Under this regulation, a field nutrient management plan will have to be prepared and followed for the land application of NASM on all agricultural lands. The proposed framework creates six (6) categories of NASM. For example, Category 1 contains lower risk materials like vegetable peels, where Category 5 may include odorous dewatered sewage biosolids. Each category determines the level of approval required for nutrient management strategies and plans for the materials within that category. In addition to the basic categorization,NASM is also sub-categorized based on metal content, pathogen content and odour annoyance potential. Standards for land application and storage flow from these further metal, pathogen and odour sub-characterizations. Materials that are known to have lower risks (e.g. low metals content in culled carrots)will have lower, risk appropriate land application standards whereas materials that have higher metals, pathogens and odour impacts (e.g. sewage biosolids) will have higher risk management standards for land application. In conjunction with the establishment of the proposed NASM framework are proposed exemptions from approval requirements through regulations that will be developed under the EPA. These exemptions are for a waste management system Certificate of Approval for the broker/hauler of the NASM, and for an organic soil conditioning site Certificate of Approval for a site (farm)where the NASM will be applied. This EPA exemption would be conditional on the NASM going directly for application on agricultural land and meeting the quality standards set out in O. Reg. 347, General Waste Management, made under the EPA. This means that the exemption would only apply when materials are taken directly from the EPA waste generator to the land application site. The MOE would continue to issue a Certificate of Approval for NASM generators that are not phased-in to the requirements of Nutrient Management Regulation, O. Reg. 267/03. Existing site approvals would remain in effect until the earlier of the date they expire or December 31, 2014. DRAFT for EBR Consultation Only 7 September 7, 2007 Only the last generator(anyone who mixes materials before they are land applied, even if they are in the same category but from a different source) will be required to prepare a nutrient management strategy subject to the regulatory requirements. Vulnerability Assessment The Ministry recognizes that land application activities will also be subject to source water protection planning under the Clean Water Act 2006, where these land applications take place in vulnerable areas as defined under the Clean Water Act 2006. Source water protection planning will be led by a local source protection committee together with local government and conservation authorities, with the financial assistance of the province. The planning process will provide a mechanism for a more detailed assessment of vulnerability to water contamination on a watershed basis, focussing on areas that specifically contribute to drinking water sources. Consultation with the public is an important part of this process. The NASM framework has been designed to work with the source water protection process. The NASM framework restricts land application according to some key water vulnerability indicators, ensuring that land application will not occur under circumstances generally found to be high risk. At the same time, it provides an indication of what specific information should be collected at the field level for a detailed evaluation of risk, where required, and what management tools can be considered to reduce risk in areas which may be identified as vulnerable in the source protection planning process. Both the NASM framework and the source protection process have been developed in the context of continuous improvement in environmental management which supports the economy of the province. 5.0 Non-agricultural source material generator A NASM generator is a person who owns or controls an operation in the course of which NASM is generated and who sends some or all of the NASM for application on agricultural land without being further processed or mixed to form a new NASM. A NASM generator includes an intermediate generator. An intermediate generator is a person who owns or controls an intermediate operation which collects or receives materials from other operations, further processes or mixes the materials to form a new material that has different characteristics from the input materials, and then applies the new material as a NASM on agricultural land. The characteristics can include, but are not limited to nutrient content, density, or volume. An intermediate operation includes a facility or an agricultural operation where NASM is mixed or further processed, but does not include an operation that mixes or further processes only manure produced by farm animals. As part of the proposed NASM framework, NASM generators that last handle the NASM before it is land applied will be required to prepare a nutrient management strategy and become subject to the regulatory requirements. DRAFT for EBR Consultation Only 8 September 7, 2007 6.0 Responsibilities of NASM generators under the proposed framework Approval requirements under the Environmental Protection Act (if processing waste) or the Ontario Water Resources Act (if a sewage works) for generators of NASM will remain in place. These are in addition to the requirement under the Nutrient Management Regulation for phased-in generators to prepare nutrient management strategies. It is being proposed that NASM generators will be required to have a certified person prepare a nutrient management strategy for their operation in accordance with the current phase-in schedule set out in section 12 of the Regulation. A nutrient management strategy sets out an environmentally acceptable method for managing all prescribed materials generated at a non- agricultural operation. Contents of a nutrient management strategy include, but are not limited to, estimates of material quantities to be applied to agricultural land, storage requirements, the identification of a final destination of the material and preparation of a contingency plan. Generators will need to identify their NASM category as part of the nutrient management strategy process. NASM produced by the generator must meet specified quality standards in order to be land applied under the proposed revisions to O. Reg. 267/03. 6.1 Sites (farms) that receive NASM under the proposed framework Currently, farms that receive NASM must have an EPA organic soil conditioning Certificate of Approval to apply NASM to their land. Farms may also be required to have a nutrient management strategy and/or nutrient management plan under the Nutrient Management Regulation in addition to the EPA approval requirements. To remove the regulatory duplication, an exemption from EPA approval requirements will be created for the site where NASM will be land applied, as long as the requirements under the proposed regulation are met. In addition to the existing requirements for a nutrient management plan based on a farm unit, the proposed NASM framework introduces a new type of nutrient management plan for agricultural operations where application of NASM on agricultural land is involved. This new field nutrient management plan, prepared by a certified person, will be required for each field that receives the NASM. A field nutrient management plan provides details on how NASM is to be efficiently applied on the agricultural land to optimize the nutrient benefit and minimize adverse environmental impact. One of the first principles in the proposed framework is that eventually everyone who applies NASM to agricultural land will have to complete a field nutrient management plan for that land application. This is different from the current model which would only impose such an obligation on some livestock operations that also land apply NASM. DRAFT for EBR Consultation Only 9 September 7, 2007 This application of the field nutrient management plan to all fields where NASM will be applied is important for two reasons: I. a farmer who is a cash cropper(producing crops for commercial sale, not for use by the producer's livestock) does not need to produce a nutrient management plan for the entire farm unit if only one field in that farm unit is going to receive NASM; and 2. since the requirement for approval of a nutrient management plan is for fields that involve land application of NASM, it does not make sense to require that a farmer submit their whole farm unit nutrient management plan for approval if only a portion of the farm unit receives NASM. 6.2 Brokers (haulers) that transport and land apply NASM Currently,NASM brokers must obtain a Certificate of Approval under the Environmental Protection Act for both transport and land application of NASM. The proposed framework will provide exemptions for NASM brokers provided the non-agricultural source material goes directly for land application and meets the minimum quality standards set out in O. Reg. 347, General Waste Management, made under the Environmental Protection Act. 7.0 Proposed categorization of non-agricultural source material The initial categorization of NASM is accomplished by creating 5 specific lists of known NASM material for categories 1 — 5, as well as creating a 6`h category intended to cover all unlisted materials and those resulting from mixing materials from different categories. Appendix 1 lists materials in the different categories. A review of NASM materials that are currently being applied on agricultural land in Ontario as a nutrient was undertaken in order to group materials based on the characteristics and quality of the material. Monitoring and evaluation of application of these materials has been ongoing over the last 30 years. This experience has shown that where the processes and land application requirements have been followed, the environment and human health are protected. In general, categories 1 —5 contain NASM for which any potential risks to human health or the environment associated with their use are known and have proven to be minimal, provided the application on agricultural land follows the standards and the requirements. • Category 1 and 2 are made up of a number of diverse materials that share the common features of very low metal content and very low pathogen concern. These substances contain pathogen and metal concentrations that are considered equal to, or less than, those found in regulated compost or fertilizer. Most of these materials are of plant origin. Examples are culled fruits and vegetables or lime from sugar refineries. DRAFT for EBR Consultation Only 10 September 7, 2007 • Category 3 includes materials that are expected to be low in metals and have a low pathogen concern but require regular sampling and analysis of metals to ensure these materials continuously meet the metal limits for land application. Most of these materials are washwaters from processing animal-based materials such as meat, eggs or milk. Washwater from a meat processing facility would also be an example of this category. • Categories 4 and 5 are respectively specific to pulp and paper biosolids and sewage biosolids. Within each of these categories, quality with respect to metals is assured through sampling and analysis. For pathogens, the NASM is assumed to have a level of pathogen risk and further sampling and analysis may be performed to demonstrate lower risk. • Category 6 captures materials that are not specifically listed in the other categories or where materials from different categories are mixed together. Land application standards of these materials can be addressed through the technical requirements of an OMAFRA approved nutrient management strategy and an OMAFRA approved nutrient management plan. 8.0 Mixing materials from different categories Table 1 summarizes categorization of NASM mixtures resulting from mixing of materials. Table 1 —Rules for mixing materials Material from Mixed Material from Category Makes Category Category With Unknown + 1 — 5 = 6 Another material in a 1 —5 + different Category of = 6 NASM 1 — 5 Material from a Another material in the Stays in the same single Category in + same Category of = Category Category 1— 5 NASM 1 — 5 1 -5 1 —5 + Fertilizer/Compost = Stays in 1 —5 Agricultural source + 1 — 5 = 6 material *Note that materials that meet specified categories of the proposed compost guidelines will be assigned a NASM category based on the compost category,as opposed to the original materials. DRAFT for EBR Consultation Only 11 September 7, 2007 9.0 Nutrient Management Strategies and Plans 9.1 Nutrient Management Strategies Generators of NASM listed in Categories 1 and 2, regardless of being part of an agricultural operation or non-agricultural operation, need to have a nutrient management strategy prepared by a person who is certified in accordance with the regulation and need to register the operation with OMAFRA. These strategies must be kept at the generator's site and be available to an inspector. Generators of NASM listed in Categories 3 to 5, and generators falling under Category 6, regardless of being part of an agricultural operation or non-agricultural operation, need to have a nutrient management strategy prepared by a person who is certified in accordance with the regulation and have it approved by the OMAFRA Director. These strategies must be kept at the generator's site and be available to an inspector. 9.2 Nutrient Management Plans Under the proposed framework, a field nutrient management plan must also be prepared by a person who is certified in accordance with the regulation. The operation must be registered with OMAFRA when NASM listed in Categories 1, 2 or 3 will be applied to a field. The plan must be kept on the farm and be available to an inspector. The plan must be approved by the OMAFRA Director when NASM listed in Categories 4, 5 or 6 will be applied to a field. Table 2 provides a summary of the registration or approval requirements for nutrient management strategies and plans related to categories of NASM, for submission to OMAFRA. Table 2—Approval and/or registration requirements Instrument NASM Category 1 2 3 4 5 6 Nutrient Management Registered (operation) Approved Strategy Field Nutrient Management Registered(operation) Approved Plan 9.3 Exception to registration It is proposed that if the Director has reasonable grounds to believe that the management of the NASM may cause an adverse effect (as described in section 18(3) of the NMA), the Director may give written notice requiring that the nutrient management strategy in DRAFT for EBR Consultation Only 12 September 7, 2007 Categories 1 to 2 or nutrient management plan for NASM in Categories 1 to 3 are subject to Director approval. 10.0 General land application requirements The goal of the proposed framework is to have the material used to benefit plant growth or soil quality and therefore the material must meet the strict regulatory requirements for metal and pathogens that will be set out in O. Reg. 347 (General—Waste Management), made under the EPA as well as the sampling and analysis requirements and have the required nutrient management strategy or nutrient management plan with approval if necessary. The material would then be exempt from approval requirements under Part V of the EPA. The material could then be applied as NASM on agricultural land in accordance with the Nutrient Management Regulation. The proposed framework outlines sampling and analysis requirements for NASM in Category 1 — 5 for metals, pathogens, nutrients and other parameters such as pH for each specifically listed material. Appendix 1 provides a summary of NASM categories and sampling and analysis requirements for various parameters for each category. 11.0 Foreign objects and particle size NASM from any category exceeding any of the following criteria cannot be applied on agricultural land: 1. NASM containing more than 2% foreign objects on a dry weight basis. Foreign objects include, but are not limited to glass, metallic objects and plastics; 2. NASM containing more than 1%plastics on a dry weight basis; 3. NASM containing particles that are greater than 2.5 cm in size in any dimension. The above limit on particle size under paragraph 3 is proposed not to apply to the following specific listed materials from Category 1 and 2: i. Culled fruit and vegetables that have not been processed by chemical processes, although, they may include those that have been processed with food grade chemicals used only to clean the food or surrounding process area and equipment; ii. Fruit and vegetable peels and pomace produced from fruit and vegetables that have not been processed by chemical processes, although they may include those that have been processed with food grade chemicals used only to clean the food or surrounding process area and equipment; iii. Leaf and yard waste, including leaf and yard waste that has been composted, but does not meet the requirements for compost. DRAFT for EBR Consultation Only 13 September 7, 2007 12.0 Restrictions on liquid application rate Section 42 of O. Reg. 267/03 sets out restrictions on the application rate of liquid NASM on agricultural land. The proposed changes will revise these requirements so that the current requirements set out in section 42 will continue to apply to all liquid NASM when the NASM is applied on agricultural land during the period from October 1 of one year to June 14, inclusive, of the following year. It is proposed that during the period from June 15 to September 30, inclusive, of each year the maximum application rate can increase but must not exceed 130 m3 per hectare per 24 hour period for all hydrological soil groups and slopes. There would be an outright prohibition for application on slopes greater than 12%. A requirement would be added to the regulation so that the application of NASM on agricultural land must not result in ponding on the field or runoff to surface water through soil surface or tile drains at any time. 13.0 Organic soils NASM must not be applied to organic soils except when the NASM is specifically used to increase the soil pH to more than 6 or when the NASM has a very low metals and pathogen content, i.e., sub-category CMl and CPI. 14.0 Soil phosphorus The current regulation prohibits the land application of NASM where the soil phosphorus exceeds 60 milligrams (using the 0.5M method, also known as Olsen sodium bicarbonate extractable) of phosphorous per litre of soil. In this proposal, if the concentration of available phosphorous in the soil of the field that is to receive NASM exceeds 60 milligrams of phosphorous per litre of soil, only NASM from Category 1 can be applied to the field, unless the Director is satisfied that the addition of the NASM will not result in a measurable increase in the level of the phosphorus in soil and approves the application of the NASM in a NASM field nutrient management plan. 15.0 Soil pH The current regulation prohibits the land application of NASM where the soil pH is less than 6. In this proposal, if the soil of the field that is to receive NASM has a pH of less than 6, NASM must not be applied on the field unless it is used to increase the soil pH, or the metal concentration of the NASM does not exceed CM1, or the Director is satisfied that the addition of the NASM will result in a beneficial adjustment in the soil pH and approves the application of the NASM in a NASM field nutrient management plan. DRAFT for EBR Consultation Only 14 September 7, 2007 16.0 Minimum beneficial quality requirement This proposal recognizes that NASM cannot be applied on agricultural land as a NASM unless it meets at least one of the following criteria: Aqueous non-agricultural source material -Total concentration of"plant available nitrogen" (PAN) plus "plant available phosphorus" (PAP) plus "plant available potassium" (PAK) must be greater than 140 milligrams per litre. Non-aqueous non-agricultural source material -Total concentration of PAN plus PAP plus PAK must be greater than 13,000 milligrams per kilogram, dry weight basis. Other - Liquid NASM that does not meet the requirement set out above and is an aqueous solution or suspension containing more than 99% water by weight can be applied on agricultural land between June 15 and September 30 inclusive, of each year. Exemption - Materials approved for use on agricultural land under a certificate of approval or provisional certificate of approval issued under Part V of the EPA may continue to be applied to land under that approval during the transitional period. 17.0 Criteria for metals There are two sub-categories of"Criteria for Metals" (CM) in this proposal. These are CM 1 and CM2. The limits in sub-category CM have been adopted from the "Interim Guidelines for the Production and Use of Aerobic Compost in Ontario". Limits for metals in CM2 are the same limits as those for land application of NASM that are currently set out in O. Reg. 267/03. Table 3 provides limits for metals sub-categories CM1 and CM2. NASM applied to agricultural land must be at or below the concentration limits of each metal set out as CM2 in Table 3. The method of calculation of the concentration of metals in each sub-category is provided in the section 23.0 of this document. 17.1 Designation and determination of metal sub-categories NASM that will be in Category 1 is designated as CM1 and is not required to be sampled and analysed to determine the concentration of metal in the material. However,NASM that is in Categories 2—6 will be required to be sampled and analysed to determine the concentration of metals in the material and which sub-categorization it fits within. DRAFT for EBR Consultation Only 15 September 7, 2007 Table 3—Metal sub-categories CM1 and CM2 Parameter CM 1 CM2 Aqueous Non- Aqueous Non- Material aqueous Material aqueous <1%TS Material <1%TS Material (mg/L) (mg/kg (mg/L) (mg/kg d.w.) d.w. Column 1 Column 2 Column 3 Column 4 Column 5 Arsenic 0.13 13 1.7 170 Cadmium 0.03 3 0.34 34 Cobalt 0.34 34 3.4 340 Chromium 2.1 210 28 2,800 Copper 1.0 100 17 1,700 Mercury 0.008 0.8 0.11 11 Molybdenum 0.05 5 0.94 94 Nickel 0.62 62 4.2 420 Lead 1.5 1 150 1 11.0 1,100 Selenium 0.02 2 0.34 34 Zinc 5.0 500 42 4,200 18.0 Criteria for Pathogens The framework proposes two sub-categories of"Criteria for Pathogens" (CP), CP1 and CP2. The CPI sub-category includes materials that have been deemed as having very low pathogen risk. CP2 describes materials that may have a low pathogen risk but which do not exceed the maximum acceptable level of indicator bacteria in the NASM, that is 2 million colony forming units (CFU) of E. coli per gram total solids, dry weight. The nutrient management regulation currently identifies a pathogen indicator limit equivalent to CP2 for sewage biosolids. NASM that exceeds CP2 limits will not be permitted to be applied to agricultural land. Where materials with different pathogen sub-categories are mixed (e.g., CP1 material mixed with CP2 material), the highest pathogen sub-characterization prevails (CP2 would prevail in this example). The pathogen sub-categories for materials in each of the NASM categories are designated or determined as set out below. NASM that is in Categories 1—4 will not be required to be sampled and analysed to determine pathogen level, because NASM in Category 1 or 2 is designated as CPI and NASM in Category 3 or 4 is designated as CP2. However, if a generator of NASM in Category 3 or 4 wants to demonstrate that the NASM meets the CPI limits, the generator will be able to conduct the necessary sampling and analysis to prove it. If material that is in Category 1 or 2 is sampled and analyzed to determine the pathogen level and if it exceeds the DRAFT for EBR Consultation Only 16 September 7, 2007 CP1 criteria, it will be considered as CP2. NASM that is in Category 5 will have to be sampled and analysed to determine its pathogen level. The OMAFRA Director, as part of the approval of the nutrient management strategy, would set the parameters and sampling and analysis requirements for NASM that is in Category 6. 18.1 Designation and determination of pathogen sub-categories NASM is considered to be CPI if it is in Category 1 and 2 or if, as a result of pathogen analysis, it is determined that it does not exceed the following requirements. 1. For NASM that is in Category 1 —4, I. E. coli concentration of 1,000 colony forming units (CFU)per gram of total solids, dry weight if the NASM is non-aqueous; or 1,000 CFU per 100 ml of the NASM,-if the NASM is aqueous; ii. Salmonella concentration of less than 3 counts per 4 grams of total solids, dry weight, if the NASM is non-aqueous, or 3 counts per 100 ml of the NASM, if the NASM is aqueous; iii. Giardia at a concentration which is not detectable in 4 grams total solids, dry weight, if the NASM is non-aqueous, or not detectable in 100 ml if the NASM is aqueous; and iv. Cryptosporidium at a concentration which is not detectable in 4 grams total solids, dry weight, if the NASM is non-aqueous, or not detectable in 100 ml if the NASM is aqueous. 2. For NASM that is in Category 5 that has undergone an accepted treatment process for CP1: I. E. coli concentration of 1,000 CFU per gram of total solids, dry weight; and ii. Salmonella concentration of less than 3 counts per 4 grams of total solids, dry weight. NASM that has been treated would additionally have to meet standards for Helminth ova and enteric viruses as stipulated in the generator's certificate of approval issued under section 53 of the Ontario Water Resources Act or Part V of the EPA. 3. NASM that is in Category 6 must be sampled and analysed in accordance with the nutrient management strategy approved by the OMAFRA Director. Sampling and analysis of Category 3 and 4 NASM for Giardia and Cryptosporidium is exempted if the NASM is generated or treated at a site which is approved under section 53 of the Ontario Water Resources Act or Part V of the EPA, and the approval includes the treatment of the NASM. In addition, the OMAFRA Director must be satisfied that the treatment at the site will result in a NASM which can consistently meet the CPI criteria for E. coli, Salmonella, Giardia and Cryptosporidium. DRAFT for EBR Consultation Only 17 September 7, 2007 NASM is considered to be CP2 if the concentration of E. coli in the NASM does not exceed 2 million CFU per gram of total solids, dry weight, whilst the concentration of Salmonella, Giardia or Cryptosporidium exceeds CPI criteria. NASM in Category 6 will have to meet the standards for pathogens. The OMAFRA Director, through the approved nutrient management strategy, will either designate a pathogen sub-category or set the requirements for sampling and analysis of the pathogens in the NASM. 19.0 Standards determined by material sub-categorization The proposed framework sets out standards for application based on the category and sub- category of the material. 19.1 Setbacks from surface water Currently O. Reg. 267/03 requires that NASM not be applied to a field that contains or is adjacent to surface water unless a set back of 20 metres from the top of the nearest bank of the surface water is maintained. When this requirement was included in the regulation, one setback was chosen to address all materials. The proposed framework considers each material and the potential contaminants associated with it. For instance when the concentrations of metals and pathogens in the NASM are very low (that is, it meets the CMl and CP1 criteria) and there is a vegetated buffer zone of a minimum of 3 metres in width located between the application area and the top of the bank of surface water, the set back is adjusted to reflect these conditions. In this case, NASM can be applied up to the vegetated buffer zone, but the application in the area within 20 metres of surface water must be by: (i) injection or placement in a band below the soil surface; (ii) incorporation within 24 hours; or (iii) surface application, if the agricultural land is covered by living crop or crop residue that covers at least 30 per cent of the land surface. 19.2 Setbacks from wells NASM must not be applied to agricultural land closer than 100 metres to a municipal well. In addition, NASM must not be applied to agricultural land closer than: (i) 15 metres to a drilled well that has a depth of at least 15 metres and a watertight casing to a depth of at least 6 metres below ground level; or (ii) 90 metres to a well, other than a municipal well or drilled well that meets the criteria in subsection (i). If the quality of the NASM meets both CM and CPI criteria, the set back to a well, other than a municipal well or drilled well that meets the criteria in subsection (i), can be reduced from 90 metres to 30 metres. DRAFT for EBR Consultation Only 18 September 7, 2007 19.3 Depth to bedrock Table 4 summarizes the permissible and required practices based on the minimum separation between the surface of the soil of the field where NASM is to be applied and bedrock. Table 4—Minimum depth to bedrock Depth to Liquid NASM Solid NASM Bedrock CM1 and CP1 CM2 and`CP2 CM1 and CP1 CM2 and CP2- Less than No Application No Application No Application No Application 15 cm 15-30 cm No Application between October 1 No Application Soil must be No Application —May 31; pre-tilled within 7 days prior to During June 1 — Sept 30 application, or No Injection. application rate Soil must be pre-tilled within 7 must be <18 days prior to application, or tonnes dry application rate must be <40 weight./ha/24 m3/ha/24 hours hours 30-60 cm Soil must be pre-tilled within 7 No Injection. No Restriction Soil must be days prior to application, or Soil must be pre-tilled pre-tilled within application rate must be <40 within 7 days prior to 7 days prior to m3/ha/24 hours application, or application application, or rate must be <40 application rate m3/ha/24 hours must be <18 tonnes d.w./ha/24 hours 60-90 cm No Restriction Soil must be pre-tilled No Restriction No Restriction within 7 days prior to application, or application rate must be <40 m3/ha/24 hours More than 90 No Restriction No Restriction No Restriction No Restriction cm 19.4 Depth of unsaturated soil The regulation currently requires a 30 cm depth of unsaturated soil for land application. The proposal is that NASM, which meets both sub-categories CM 1 and CP 1 can only be applied on agricultural land where there is at least 30 cm of unsaturated soil at the surface of the land at the time of application. There are no restrictions on land application of NASM, related to saturated soil, when there is more than 90 cm of unsaturated soil at the surface of the land at the time of application. DRAFT for EBR Consultation Only 19 September 7, 2007 Soils that compose agricultural land in Ontario are divided into hydrologic soil groups in accordance with Ontario's Drainage Guide. The hydrologic soil groups and the depth to saturated soil are used to determine the risk of potential groundwater contamination as set out in Table 5. The risk of potential groundwater contamination then determines the required land application standards as set out in Table 6. NASM that does not meet both CM1 and CPI quality criteria must be applied in accordance with the requirements set out in Table 6. Table 5—Risk of potential groundwater contamination Column 1 Column.2 Hydrologic Soil Group(from Risk of Potential Groundwater Contamination at MAFRA'Publication 29 Depths of<30 cm,30—60 cm and 60—90 cm of Drainage Guide) Unsaturated Soil at the Surface of the Land at the Time of Application <30cm depth 30-60 cm 60-90 cm' depth depth no Category A: Rapid (sand) application High Moderate ategory B: Moderate no (loam) application Moderate Low no ategory C: Slow (clay loam) application Low Very Low no Category D: Very Slow (clay) application Low Very Low DRAFT for EBR Consultation Only 20 September 7, 2007 Table 6—Standards for land application of NASM based on potential risk level Column 1 Column 2 Column 3 Groundwater Liquid NASM Solid NASM Contamination CM2 or CP2 CM2 or CP2 Potential High No application 1.The soil must be pre-tilled within 7 days prior to application;AND 2.The rate of application must be not more than 18 tonnes dry weight per hectare per 24 hours Moderate 1. The soil must be pre-tilled The soil must be pre-tilled within within 7 days prior to 7 days prior to application application: AND 2. The application must be at a rate of not more than 40 m3 per hectare per 24 hours Low 1. The soil must be pre-tilled No restriction within 7 days prior to application: OR 2. The application must be at a rate of not more than 40 m3 per hectare per 24 hours Very Low No restriction No restriction 19.5 Pre-harvest grazing The current requirements for the pre-harvest and pre-grazing waiting periods are set out in O. Reg. 267/03. Under the proposed framework when the NASM meets CP 1 criteria, these waiting periods may be reduced to 3 weeks for the pre-harvest for all types of crops, and to 3 weeks for pre-grazing for all animal types. Any NASM that does not meet the CPI criteria would have to follow,the requirements that are currently in O. Reg. 267/03. The waiting period starts the day after the last date of NASM application. 19.6 Winter application The regulation currently sets out requirements for application of NASM to agricultural land during winter or when the land is snow-covered or frozen. For NASM that meets CM and CPI criteria, it is proposed that the requirements be revised to reflect the reduced risk posed by NASM that meet these criteria. In addition, pulp and paper biosolids would be required to follow the revised standards for application to agricultural land during winter. The prohibition on land application of sewage biosolids during winter as set out in O. Reg. 267/03 will continue to apply. DRAFT for EBR Consultation Only 21 September 7, 2007 The following rules describe the proposed standards for land application of NASM, other than sewage biosolids, during winter. NASM that is solid and meets both CM 1 and CP 1 criteria must not be applied to agricultural land during the period beginning December 1 of one year and ending on March 31 of the following year, within: (i) 20 metres of the top of the bank of surface water; and (ii) 100 metres from the top of the bank of surface water, if the maximum sustained slope of the land is greater than or equal to 6 per cent within 100 metres of the top of the bank of surface water. NASM that is solid and meets both CM1 and CPI quality criteria may be applied during the period beginning December 1 of one year and ending on March 31 of the following year, when the soil of the land is not snow-covered or frozen and the application is done by: (i) injection; (ii) spreading and incorporation into the soil within the same day; or (iii) surface application, if the agricultural land is covered by a living crop or crop residue that covers at least 30 per cent of the land surface. NASM that is solid and meets both CM and CPI quality criteria may be applied to agricultural land during the period when the soil of the land is snow-covered or frozen if application is done by: (i) injection; or (ii) spreading and incorporation into the soil within 6 hours. NASM that does not meet both CM and CPI criteria or NASM that is liquid must not be applied to agricultural land during the period beginning December 1 of one year and ending on March 31 of the following year or at any time when the ground is frozen, within: (i) 20 metres of the top of the bank of surface water; and (ii) 100 metres from the top of the bank of surface water, if the maximum sustained slope of the land is greater than or equal to 3 per cent within 100 metres of the top of the bank of surface water. NASM that is solid but does not meet both CM 1 and CP 1 quality criteria or NASM that is liquid may be applied to agricultural land during the period beginning December 1 of one year and ending on March 31 of the following year when the soil of the land is not snow- covered or frozen if application is be done by: (i) injection; (ii) spreading and incorporation into the soil within the same day; or (iii) surface application, if the land is covered by a living crop or crop residue that covers at least 30 per cent of the land surface. NASM that is solid but its quality does not meet both CM1 and CPI quality criteria or NASM that is liquid may be applied to agricultural land during the period when the soil of the land is snow-covered or frozen. In this case,NASM application must be done by: (i) injection; or DRAFT for EBR Consultation Only 22 September 7, 2007 (ii) spreading and incorporation into the soil within 6 hours. 20.0 Criteria for odour annoyance Sub-categorization levels of the "Criteria for Odour Annoyance" (COA) are proposed to be used to determine the NASM setback requirements to individual residences, residential areas and institutional areas. The proposal is to develop 3 NASM sub-categories that are related to COA. These are COA1, COA2, and COA3. The odour sub-categorizations are based on the following: i. NASM is COA1, if the NASM is no more odourous than liquid aerobically digested sewage biosolids that have 0.5 mg or more of dissolved oxygen per litre; ii. NASM is COA2, if the NASM is more odourous than liquid aerobically digested sewage biosolids that have 0.5 mg or more of dissolved oxygen per litre, and is not more odourous than liquid anaerobically digested sewage biosolids; iii. NASM is COA3, if the NASM is more odourous than liquid anaerobically digested sewage biosolids, but is not more odourous than sewage biosolids that have been dewatered using a high speed centrifuge method. NASM sub-categorization related to odour annoyance criteria is assigned to each material in categories 1 — 5. These are shown in Column 4 of Appendix 1. The COA designation of each NASM in Appendix 1 is based on the type of NASM and also on the length of time that NASM would be stored prior to application on agricultural land. Storage time is calculated starting the day that NASM is generated and includes the time in storage (including temporary storage at the farm) up until the day NASM is land applied. It is assumed that the material will be stored for the period over the maximum contemplated in Appendix 1 (e.g., over 30 days or over 10 days),unless the owner or operator of the farm has in his/her possession a document from the generator of the NASM stating the date on which NASM was generated. When NASM from different categories are mixed the highest COA sub-characterization prevails. For example, Company A generates beans. The generator first decided that the beans are waste on September 20 and dumps them into a bin. The beans are sent to a farmer who mixes them with waste tomatoes that were first harvested or produced on October 10 of the same year. The farmer mixes them on October 11. If the mixture were land applied on October 12, the storage would commence on September 20. The mixture is considered to be a COA2. If the tomatoes were not mixed with the beans they would have been a COA1 (with storage commencing October 10). DRAFT for EBR Consultation Only 23 September 7, 2007 Where there is no NASM COA sub-categorization assigned (this will be the case for Category 6 materials) or where the proponent wants to adjust the odour sub-categorization, in order to obtain proper designation of an odour sub-categorization, a nutrient management strategy must be submitted to the OMAFRA Director for approval. NASM must not be applied to the agricultural land if it exceeds the COA3 limit. 20.1 Land application standards related to criteria for odour annoyance Different COA sub-categories have different setbacks from individual residences, residential areas and institutions. The separation distances are summarized in Table 7. NASM that is in the COA3 sub-category must be covered with a waterproof tarp during transfer. On an agricultural operation, if the material is not covered with a waterproof tarp, the transfer of NASM from a truck to storage or spreading equipment or from storage to a truck must take place at least 200 metres from a single residence and at least 450 metres from a residential area or institution. Table 7— Separation distances based on odour annoyance sub-category Odour Application Method and Annoyance Minimum Separation Distance to Individual Residences, Residential Areas Sub- and Institutions category Individual Residences Residential Areas and Institutions COA 1 • Between 0 and 25 m—No application • Between 0 and 50 m—No application • 25 in or greater—No restriction on • 50 m or greater—No restriction on application method application method COA2 • Between 0 and 25 m—No application • Between 0 and 50 in—No application • 25 m or greater up to 90 m—Application by • 50 m or greater up to 450 m—Application by injection,or spreading and incorporation injection or spreading and incorporation into into the soil within 6 hours the soil within 6 hours • Greater than 90 m—No restriction on • Greater than 450 m—No restriction on application method application method COA3 • Between 0 and 100 m—No application • Between 0 and 200 m—No application • 100 m or greater up to 450 in—Application • 200 in or greater up to 900 in—Application by injection unless the physical properties of by injection or spreading unless the physical the material are such that it can not be properties of the material are such that it can reasonably injected in which case not be reasonably injected in which case application can be by surface application application can be by surface application and and incorporation into the soil within 6 incorporation into the soil within 6 hours hours • Greater than 900 m—Application by • Greater than 450 m—Application by injection or spreading and incorporation into injection or spreading and incorporation into the soil within 24 hours(no pre-tilling is the soil within 24 hours (no pre-tilling is required) required) DRAFT for EBR Consultation Only 24 September 7, 2007 21.0 Maximum application rate The proposed framework will revise the current provisions used to determine the application rate of NASM on agricultural land. The underlying principle is that a number of potential maximum application rates are determined based on the nutrient needs of the crop and the metal, nutrients, and other factors relating to the content of the NASM. These are determined through sampling and analysis of the NASM for each criteria. The results of analysis are then used to determine an application rate. The most restrictive application rate will be the one that governs the application of the NASM. 21.1 Calculation of the maximum application rate based on nitrogen, phosphorous, metals, sodium, fat, oil and grease (FOG) and boron addition 1. Nitro The maximum application rate based on"plant available nitrogen" (PAN) in NASM can be calculated using: (i) kilograms of PAN in NASM (taken from NASM sampling results); (ii) crop removal or needs in kilograms PAN; and (iii) kilograms of PAN supplied by other nutrient sources. The maximum application rate of any categories of NASM to agricultural land must not exceed 200 kilograms of PAN per hectare of the land in any consecutive 12 month period. 2. Phosphorus The maximum application rate based on "plant available phosphorus" (PAP) in NASM can be calculated using: (1) kilograms of P205 equivalent phosphorous in the NASM. Taken from NASM sampling results and applied in the following formula, based on 80 % availability of the total phosphorous in the NASM: Kg of PAP (as P205 equivalent phosphorous) = Kg of total phosphorous (P) x 2.29 x 0.8; (ii) kilograms of P205 equivalent phosphorous to be removed by the harvested portion of the crops to be grown in the 5 consecutive years following application; (iii) addition of 390 kilograms of P205 equivalent phosphorous per hectare of the land during the same 5 consecutive years as set out in subsection (ii) above; and (iv) kilograms of P205 equivalent phosphorous to be supplied to the land by all other sources including agricultural source material, other NASM, commercial fertilizer and compost. The maximum application rate of NASM PAP (as P205 equivalent phosphorous) equals crop removal P205(as per ii) + 390 kg P205(as per iii) - P205 from other sources (as per iv). DRAFT for EBR Consultation Only 25 September 7, 2007 3. Metals The maximum application rate of NASM, based on metal addition to soil, is calculated by ensuring that the 5 year metal addition to the soil resulting from the application of one or more NASM that do not meet CM criteria does not exceed those identified in Column 2 of Table 8. Soil with any metal concentration exceeding the values identified in Column 3 of Table 8 must not be used for NASM application, unless the NASM meets CM quality criteria. These standards will be maintained in the proposed framework but it is proposed to allow an exception that would permit the land application of NASM in certain situations to soils with metal concentrations that exceed those in Column 3 of Table 8. In these situations the OMAFRA Director must be satisfied that the addition of the NASM will not result in measurable increase in the metal concentrations in the receiving soil. Table 8—Maximum metal addition to soil and maximum metal concentrations in soil Column 1 Column 2 Column 3 Maximum Metal Addition Maximum Metal Metals to Soil Receiving NASM Concentrations Allowable (kg/ ha / 5 years) in Soil Receiving NASM (mg/kg soil, dry weight) As 1.4 14 Cd 0.27 1.6 Co 2.7 20 Cr 23.3 120 Cu 13.6 100 Hg 0.09 0.5 Mo 0.8 4 Ni 3.56 32 Pb 9 60 Se 0.27 1.6 Zn 33 220 4. Sodium The maximum application rate of NASM based on sodium addition to the receiving soil will depend on the Hydrologic Soil Group of the soil where the NASM will be applied. The cumulative sodium addition per hectare of the land, from all NASM that is being applied to the land, and for which sodium sampling and analysis is required, in any consecutive 12 month period must not exceed 200 kilograms of sodium when the land is identified as being in Hydrologic Soil Group A or B or 500 kilograms of sodium when the land is identified as being in Hydrologic Soil Group C or D. DRAFT for EBR Consultation Only 26 September 7, 2007 5. Fat, Oil and Grease The maximum application rate of NASM based on fat, oil and grease (FOG) addition to the receiving soil will depend on the Hydrologic Soil Group of the soil where the NASM will be applied. The cumulative FOG addition per hectare of the land from all NASM that is being applied to the land, and for which FOG sampling and analysis is required, in any consecutive 12 month period must not exceed 5000 kilograms of FOG when the land is identified as being in Hydrologic Soil Group A or B, or 2500 kilograms of FOG when it is identified as being in Hydrologic Soil Group C or D. 6. Boron The cumulative boron addition per hectare of the land from all NASM that is being applied to the land, and for which boron sampling and analysis is required, must not exceed one kilogram of boron per hectare of the land in any consecutive 12 month period. 22.0 Calculating the maximum application rate The proposed framework sets out the methods used to determine the maximum application rate. 22.1 Category 1 The maximum application rate of NASM that is in Category 1 must not exceed the values calculated based on the maximum application rate of the NASM calculated for nitrogen and phosphorous. Three methods can be used to calculate the maximum application rate for each of nitrogen or phosphorus. i. Sampling method The maximum application rate of the NASM is calculated using the results of sampling to determine PAN and PAP in kilograms per tonne of NASM. The maximum application rate calculated shall not exceed the maximum application rates for nitrogen and phosphorus as set out in Section 21.1. ii. Chart method Instead of using a analytical results obtained through sampling, the "table values" provided in Table 9 for various types of NASM can be used to determine the PAN and PAP values for NASM that are then used in the calculation set out in section 21.1 above. This option can only be used for NASM that appears in the table. DRAFT for EBR Consultation Only 27 September 7, 2007 iii. Absolute limit The third option is to restrict application of NASM to a maximum application rate of 20 tonnes, on a wet weight basis of NASM, per hectare of the land per year. Table 9-PAN and PAP for Category 1 NASM (in kg per tonne, wet weight basis) Plant Plant Plant Plant Available Available Available Available Material Nitrogen Phosphorus Material Nitrogen Phosphorus (PAN) (PAP) ( . (PAN) (PAP) kg(N)/tonne kg(P205)/tonne " kg(N)/tonne kg(P205)/tonne Apple 0.6 0.1 Kohlrabi 2.7 0.5 Apricot 2.2 0.2 Leek 2.4 0.4 Asparagus 4.4 0.6 Lettuce-Leaf 2.6 0.5 Barley-2 row, for 20.1 3.0 Lettuce-Head 1.3 0.3 rain Barley-6 row, for 18.6 3.7 Melon- grain Cantelou e Bean-Lima,for 10.1 1.5 Melon- 1.1 0.2 pod with seeds Honeydew Bean-plants 10.7 1.2 Melon- 1.0 0.1 Watermelon Beet-Red Table 2.7 0.4 Mushroom 4.6 0.9 Blueberry 1.1 0.1 Oats 18.7 3.4 Broccoli 5.8 0.8 Okra 3.2 0.6 Brussel Sprouts 6.7 0.7 Onion-Dry 2.2 0.3 Bulb Buckwheat 17.0 3.2 Onion-Green 21 0.4 (bulb) Cabbage-Chinese 2.2 0.3 Parsley 3.5 0.4 Cabbage-White 1.9 0.3 Parsnip 1.9 0.7 Canola,for seed 35.4 5.6 Pea vines 5.0 (without pods) Carrot, for root 1.8 0.4 Pea with pod 2.9 0.3 Carrot,for top 3.8 0.3 Peach 1.2 0.0 Cauliflower 4.0 0.6 Pear 0.7 0.1 Celery-Green 1.3 0.4 Pepper-Bell 1.6 0.3 Chard 2.9 0.5 Plum 1.3 0.1 Cherry 1.6 0.2 Potato 3.7 0.6 Cherry(sweet) 2.0 0.0 Potato with 11.4 1.0 vine Chive 4.5 0.5 Pumpkin 2.4 0.4 Corn Grain-Field 14.2 2.7 Rhubard 1.4 0.1 Corn-Sweet,for ears with husk 5.7 Rutabaga 1.9 0.4 immature Crabapple 0.6 0.1 Soybean 59.1 6.0 Cranberry 0.6 0.1 1 Spinach 4.9 0.5 DRAFT for EBR Consultation Only 28 September 7, 2007 Plant Plant Plant Plant Available Available Available Available Material Nitrogen Phosphorus Material Nitrogen Phosphorus (PAN) (PAP) (PAN) (PAP) k2(N)/tonne kg(P205)/tonne k N/tonne kg(P205)/tonne Cucumber 1.1 0.2 Squash 3.2 0.2 Currant-European 2.2 0.6 Strawberry 1.1 0.2 black Currant-Red& 2.2 0.4 Sugarbeet,root 2.6 0.5 White with crown Eggplant 1.8 0.2 Sunflower 29.0 5.7 Endive(Chicory), 21 0.2 Tomato 1.5 0.3 for immature leaf Flax 34.7 5.4 Tomato pulp, 27.9 5.3 dried Garlic 10.3 1.7 Triticale 21.8 3.0 Grape 1.1 0.1 Wheat 23.9 3.8 Kale, for leaf 5.3 0.6 22.2 Categories 2 and 3 The maximum application rate of NASM that is in Category 2 or 3 must not exceed the values calculated based on the maximum application rate of the NASM calculated for nitrogen, phosphorous, metals, and, depending on the NASM, for sodium or fat, oil and grease. Appendix 1 identifies NASM in Category 2 or 3 that are required to be sampled and analysed for sodium and fat, oil and grease. 22.3 Category 4 The maximum application rate of NASM that is in Category 4 must not exceed the values calculated based on the maximum application rate of the NASM calculated for nitrogen, phosphorous, metals, and boron. 22.4 Category 5 The maximum application rate of NASM that is in Category 5 must not exceed the values calculated based on the maximum application rate of the NASM calculated for nitrogen, phosphorous and metals. However, the maximum application rate must not exceed 22 tonnes, dry weight, per hectare of the land in 5 year period. 22.5 Category 6 (1) The maximum application rate of NASM that is in Category 6 and that does not contain Category 5 materials must not exceed the values based on the maximum application rate of the NASM calculated for nitrogen, phosphorous, metals, and, depending on the NASM, for sodium,boron and fat, oil and grease. The OMAFRA Director may require sampling and analysis for other parameters and may set a maximum application rate based on those results. DRAFT for EBR Consultation Only 29 September 7, 2007 (2) The maximum application rate of NASM that is in Category 6 and contains Category 5 materials is based on the maximum application rate of the material calculated for nitrogen, phosphorus, metals, and, depending on the NASM, for sodium, boron and fat, oil and grease. However, the maximum application rate of the portion of the Category 6 NASM that individually would be in Category 5 also must not exceed 22 tonnes, dry weight, per hectare of the land in a 5 year period. In addition, the OMAFRA Director may require sampling and analysis for other parameters and may set a maximum application rate based on those results. Category 5 NASM must be sampled and analysed and must not exceed CM2 quality criteria before it can be mixed with other materials to form a Category 6 NASM. 23.0 Sampling and Analysis All sampling and analysis would have to comply with the proposed requirements set out below. The NASM generator is responsible for sampling and analysis of the NASM. The person preparing the nutrient management plan is responsible for sampling and analysing the soil for metals and nutrients. If soil sampling is required, the analysis must be conducted within the 5 years prior to applying NASM to the soil. Changes to sampling and analysis methods for NASM from those that appear in an approved nutrient management strategy will be added as a cessation trigger for a nutrient management strategy. 23.1 Sampling requirements for Category 1 Sampling and analysis of the soil for metals and nutrients are not required as these materials are low in metal concentrations. Sampling and analysis for metals, pathogens and nutrients in NASM are not required as Category 1 NASM is designated as CM1, and CPI. A generator would either use the default nutrient values provided in the regulation to determine the NASM application rate, based on the nutrient needs of the crop, or apply the NASM at a rate not to exceed 20 wet tonnes /ha /year. There is no proposed restriction on metal additions to the soil for NASM that meets CMl criteria as this NASM is very low in metals. 23.2 Sampling requirements for Category 2, 3 or 4 NASM that is in Category 2, 3 or 4 must be sampled once within the 30 days prior to land application and one more time within the 60 days before application. The sample would be analysed for total solids, metals, nutrients (nitrogen, phosphorous) and, if it is required by the regulation, for neutralizing value and fineness if determining an Agricultural Index, sodium, fats, oils and grease, and boron. The sampling and analysis must be conducted prior to land applying the NASM when the NASM is generated on a farm or prior to transporting the NASM to the site where it will be applied on agricultural land. DRAFT for EBR Consultation Only 30 September 7, 2007 The analytical results of sampling from the last 4 months prior to land application would be used to calculate average metal concentrations and to assess whether the NASM meets CM or CM2 criteria and to calculate the average concentrations of nutrients, and, if required, sodium, fats, oils and grease, and boron. If NASM is applied as a liming material it must be analyzed for neutralizing value and fineness to determine the Agricultural Index. The average of each of these results would be used to calculate the maximum application rate based on each parameter. The application rate amongst these that is most restrictive would be the maximum application rate for the NASM. Generators of NASM mixtures containing only NASM in Categories 2, 3, 4 and/or commercial fertilizer and compost would have two options. In option 1, the generator would follow the above requirements to sample and analyse the mixture. In option 2, the generator would use sampling and analysis results from the previous 4 months for each of the input materials and the percentage of each material in the mixture to calculate the mass-balance average concentration of the mixture to determine the maximum application rate for the mixture as set out above. If the generator wishes to confirm that a NASM that is in Category 3 or 4 meets the CP1 criteria, the NASM must be sampled and analysed for pathogen once within 30 days prior to land application and once more within 60 days prior to application. The sampling and analysis must be conducted prior to land applying the NASM when the NASM is generated on a farm, or prior to transporting the NASM to the site where it will be applied on agricultural land when the NASM is not generated on a farm. The samples must be analysed for E. coli, Salmonella, Giardia and Cryptosporidium. The sampling and analysis requirement for Giardia and Cryptosporidium can be exempted per the condition set out in Section 18.1. The analytical results of samples taken during the last 4 months must be used to calculate geometric mean concentrations of pathogens in order to determine if the NASM meets CP 1 or CP2 criteria. Generators of the NASM mixtures containing only NASM in Category 3 or 4 and/ or commercial fertilizer and compost and who wish to confirm that the NASM meets the CP 1 Criteria would have two options. In option 1, the generator would follow the above requirements to sample and analyse the mixture. In option 2, the generator would use sampling and analysis results from the previous 4 months from input materials, either from their own sampling or from the generators of the input materials. The generator would then use the results to determine if each NASM meets CP1 or CP2 criteria as set out above. Under Option 2, the mixture is a CP 1 NASM if each input material meets CP 1 criteria; otherwise, the mixture is a CP2 material. If one of the input materials exceeds the CP2 quality criteria, the generator must use Option 1 to confirm the mixture is a C132. NASM that fails the CP2 quality criteria cannot be land applied. 23.3 Sampling and analysis requirements for Category 5 Category 5 NASM would be analysed for metals, total solids, nutrients and pathogens. DRAFT for EBR Consultation Only 31 September 7, 2007 NASM, resulting from a municipal sewage treatment works with a design capacity greater than 45,400 M3/day, would be sampled twice within 30 days and twice more within 60 days prior to application on agricultural land. NASM, resulting from a municipal sewage treatment works with a design capacity equal to or less than 45,400 m3/day, would be sampled once within 30 days and once more within 60 days prior to land application. Category 5 NASM would be sampled and analysed to determine the level of E. coli in the NASM. If the generator wants to prove that the concentration of pathogens in the NASM does not exceed CP 1 criteria, and the NASM has undergone an accepted treatment process for CPI, the NASM must be analysed for both E. coli and Salmonella. A municipal sewage treatment works must use results of analysis from the last 4 months to calculate the geometric mean for E. coli and Salmonella and to determine if the NASM meets the CP 1 or CP2 criteria. Category 5 NASM that has been treated using a new technology for CP 1 would additionally have to meet any standards for Helminth ova and enteric viruses that are stipulated in the generator's certificate of approval issued under section 53 of the Ontario Water Resources Act or Part V of the Environmental Protection Act. The generator would also use analysis results from the last 4 months for metals and nutrients to determine the maximum application rate of the NASM based on metal additions to the soil, nutrient needs of the crop, and the maximum application rate of 22 dry tonnes/ha/ 5 years, whichever is more restrictive. The above rules would not apply to NASM generated by a sewage lagoon. For a municipal sewage lagoon, 4 composite samples of the NASM would be collected from each lagoon cell within the 4 months prior to land application. The samples would be analysed for total solids, metals, nutrients and pathogens. Results from these four samples would be averaged to determine if the material is a CM or CM2 material, meets the CP2 criteria (based on geometric mean instead of arithmetic average) and to calculate maximum application rate. If the generator wants to prove that the concentration of pathogens in the NASM does not exceed CPI criteria, the NASM must be analysed for E. coli, Salmonella, and Helminth ova and enteric viruses. For purposes of this part, "municipal sewage lagoon" means an earthen pond or series of connected earthen ponds that are part of sewage works approved under s. 53 of the Ontario Water Resources Act and which treats municipal sewage; "lagoon cell" means any single earthen pond within the municipal sewage lagoon. For generators of category 5 NASM not described above (generally generators of Category 5 NASM only or Category 5 NASM and/ or commercial fertilizer or compost), the generator would have two options for the sampling and analysis of metals. Metal testing for Category 5 mixtures-and other generators not described above In option 1, the generator would analyse the mixture twice within 30 days and twice more within 60 days prior to land application for total solids and metals. In option 2, the generator DRAFT for EBR Consultation Only 32 September 7, 2007 would obtain the results of analysis of each individual input NASM from the generator of the input NASM prior to mixing, the percentage of each input material in the mixture and use the results to calculate the mass-balance average metal concentrations of the mixture. In both options, the generator would use the results to determine if the mixture meets CMl or CM2 quality criteria and to calculate the maximum application rate of the mixture. Nutrient testing for Category 5 mixtures-and other generators not described above The generator of NASM must sample the mixture twice within 30 days and twice more within 60 days prior to land application and analyse the samples for nutrients in order to calculate the application rate based on the nutrient needs of crop. Pathogen testing for Category 5 mixtures and other generators not described above In order to determine the pathogen concentration of the NASM mixture, the generator would analyse each individual Category 5 NASM, or receive analysis from the generator of the input material, prior to mixing at the frequencies determined based on the design capacities of each municipal sewage treatment plant. Analysis would be required for E. coli if the NASM to be applied meets CP2 criteria or for E. coli and Salmonella and any additional pathogen parameters stated in the generator's certificate of approval issued under section 53 of the OWRA or Part V of the EPA if the NASM to be applied meets CPI criteria. If each individual Category 5 NASM meets the CP 1 quality criteria, the mixture is considered to be a CPI NASM. If one of the input Category 5 NASM exceeds the CP2 quality criteria prior to mixing, the generator has to analyse the mixture to confirm that the mixture meets CP2 quality criteria. NASM that exceeds CP2 criteria cannot be land applied. 23.4 Sampling and analysis requirements for Category 6 Sampling and analysis of Category 6 NASM must be conducted in accordance with an approved nutrient management strategy. 24.0 Record keeping The proposed NASM field nutrient management plan would include records of soil sampling and analytical results as well as the dates, volumes and sources of NASM applied to the field. The generator of the NASM would have to keep records of volume of the NASM generated, the dates, volume and locations where the NASM has been applied, the analytical methods and analytical results of the NASM samples. 25.0 Storage of non-agricultural source material NASM can only be stored at an agricultural operation in temporary field nutrient storage sites, in permanent nutrient storage facilities, or in portable tanks. DRAFT for EBR Consultation Only 33 September 7, 2007 25.1 Temporary storage of solid non-agricultural source material O. Reg. 267/03 currently sets out requirements for the temporary storage of NASM. Under the proposed framework these requirements will continue to apply with additional requirements including: (1) NASM that is in sub-category COA3 must not be stored in a temporary field nutrient storage site. However, NASM that is in sub-category COA3 may be stored for less than 24 hours at an agricultural operation provided the material is stored in a covered storage or located so that it is at least 450 metres from a single residence and 900 metres from a residential area or institution. (2) Temporary field nutrient storage sites for NASM that is in sub-category COA1 must not be located within 125 metres of a single residence or within 250 metres of a residential area or institution. Temporary field nutrient storage sites for NASM that is in sub- category COA2 must not be located within 200 metres of a single residence or within 450 metres of a residential area or institution. 25.2 Temporary storage of liquid non-agricultural source material The following additional requirements are proposed for management of temporary storage of liquid NASM. (1) Liquid NASM may be stored in a portable tank which is used to supply the liquid NASM for application on agricultural land, provided the storage volume of the portable tank does not exceed the volume of NASM which can be applied to the land within a 24 hour period. (2) Liquid NASM can not be stored in a portable tank for more than 24 hours. 25.3 Storage of non-agricultural source material in permanent nutrient storage facilities NASM may be stored in a permanent nutrient storage facility at an agricultural operation provided that it meets the following requirements. i. Liquid NASM may be stored in an existing permanent nutrient storage facility for no longer than 14 days; ii. NASM that is stored in a permanent nutrient storage facility must be applied only to agricultural land that is owned or operated by the same person who owns or operates the permanent nutrient storage facility; iii. The permanent nutrient storage facility must be fully contained; and iv. The NASM must not be stored in a permanent nutrient storage facility that is constructed or expanded after the date this proposed framework comes into force unless the facility meets the requirements of Part VIII, Siting and Construction Standards, O. Reg. 267/03. DRAFT for EBR Consultation Only 34 September 7, 2007 26.0 Certificates and Licences The Nutrient Management Act Regulation already identifies a number of management practices that require a certificate or licence. Currently, individuals required to prepare a nutrient management strategy and/or a nutrient management plan are required to have either: - an agricultural operation strategy or plan development certificate (consultant); - an agricultural operation planning certificate (farmer); or - a non-agricultural operation strategy development certificate or a non-agricultural operation plan development certificate (e.g., a sewage treatment plant). The proposed framework would require individuals who prepare a field nutrient management plan for an agricultural operation applying non-agricultural source material to have a non- agricultural operation plan development certificate. Current certificate and license holders under the Nutrient Management Regulation would be able to maintain their certification by taking an update course and passing a test within one year. The proposed changes will clarify how a prescribed material business application licence and brokers certificate can be issued to either a company or an individual. Additionally, the proposed framework will be clarified with respect to the issuance of certificates and licences to corporations and individuals. Another change is to provide the Director with the authority to include conditions in the certificates and licences. DRAFT for EBR Consultation Only 35 September 7, 2007 Appendix 1 —Non-Agricultural Source Material (NASM) Framework Categorization Summary Note: The materials in this table are from non-agricultural sources —if they are generated by an agricultural operation and not from a fruit and vegetable processor they are not NASM. Cate or 1 rresn or storea�- iv days Culled fruit and vegetables,other than cole crops and onions, including those processed: - by means other than chemical processes - with food grade chemicals used only to clean the food or surrounding process area and equipment Fresh or stored< 10 days 1 No additional parameter sampling and analysis required Designated as CMl (No metals sampling and analysis Designated as CPI (No pathogen sampling and Nutrient sampling and analysis not required Stored> 10 days 2 Fresh or stored< 10 days 1 Stored> 10 days but< 30 days 2 Stored>30 days required) analysis required) Culled cole crops and onions,including their peels and pomace,including those processed: Fresh or stored< 10 days_ 2 - by means other than chemical processes - with food grade chemicals used only to clean the Stored> 10 days 3 food or surrounding process area and equipment Fruit&vegetable peels and pomace other than cole crops and onions,including those processed: - by means other than chemical processes - with food grade chemicals used only to clean the food or surrounding process area and equipment rresn or storea�- iv days I Stored> 10 days but< 30 days 2 Stored>30 days 3 Cracked,water damaged or spoiled grains,husks and shells from nut processing Fresh or stored< 10 days 1 Stored> 10 days but< 30 days 2 Stored>30 days 3 DRAFT—For Discussion Only 36 Version— September 7, 2007 Column 1' Column:2, Column 3 Column 4 Column 5 Column 6,' Column 7 Column'$ Category List of Materials _ Length of Storage prior to Application COA Categorization Additional . - Parameters� to be Analysed::,. , "Metals. Criteria Pathogen Criteria Parameters to be Analysed Waste products which are suitable for feeding farm animals,excluding products which contain animals n/a 1 products or medications Aquatic plants Fresh or stored< 10 days 1 Stored> 10 days but< 30 days 2 Stored>30 days 3 Plant matter derived from the production of ethanol or biodiesel(e.g. corn based mash) Fresh or stored< 10 days 1 Stored> 10 days but< 30 days 2 Stored>30 days 3 Category 2 Food residuals,excluding meat,from food production No Sampling Designated Total facilities from the following industries: additional and as CPI Kjeldahl a. Bakeries b. Confectionary processing C. Cereal and grain processing Fresh or stored< 10 days 1 parameter sampling and analysis analysis required to determine (No sampling and Nitrogen (TKN), ammonia-N d. Snack food manufacturing required CM1 or analysis + e. Breweries and distilleries CM2 required) ammonium- N,nitrate- Stored> 10 days but< 30 days 2 N+nitrite- N,total Stored>30 days 3 phosphorus, total solids DRAFT—For Discussion Only 37 Version— September 7, 2007 Washwater from cleaning of the equipment and processing area of: No a. Bakeries additional b. Confectionary processing c. Cereal and grain processing n/a 1 parameter sampling d. Snack food manufacturing and analysis Including materials that contains some food-grade required cleaners. Fresh or stored< 10 days 1 pH& Sodium Stored> 10 days but< 30 days 2 Fruit and vegetables, fruit and vegetable peels and pomace resulting from a chemical treatment process Stored>30 days 3 Fruit and vegetable processing water provided these pH& materials have not been contaminated by chemicals n/a 1 Sodium other than food-grade chemicals. Lime residuals from sugar refining and from pulp and paper manufacturing n/a 1 Agricultural Index Leaf and yard waste,including leaf and yard waste that has been composted but does not meet the Fresh or Stored<30 days 1 No additional requirements for compost set out in the guidelines parameter entitled Interim Guidelines for the Production and Use sampling of Aerobic Compost in Ontario prepared by the Stored>30 days 2 and analysis Ministry of the Environment and dated November required 2004 in the proposed amendments to the Compost DRAFT—For Discussion Only 38 Version— September 7, 2007 Column't Column 2 Column 3. Column 4 Column 5 Column 6 Column.?, Column 8 Category List of Materials Length of Storage ; rioi~to A hcahon '" p PP ,�COA Cato or�zatioh g Additional Parameters. to be . -:Anal sed Metals Criteria , Pathogen, . C" Parameters to.be.: Analysed guideline that meet specified Category standards Sodium Fresh or stored< 10 days 1 No additional Stored> 10 days but< 30 days 2 Washwater from cleaning of the equipment and parameter sampling processing area of breweries&distilleries including and analysis materials that contain some food-grade cleaners. Stored>30 days 3 required Category 3 Process area and equipment washwater from the processing of meat,eggs and dairy products such as Fresh or stored< 10 days 1 Sampling and Designated as CP2; Total kjeldahl Stored> 10 days but< 30 days 2 milk,cheese,yogurt,whey,ice cream; which are not captured in Category 2 above. Process area and equipment washwater from the processing of meat,eggs and dairy products such as milk,cheese,yogurt,whey,ice cream;which are not captured in Category 2 above. Fat, oil and grease& Sodium analysis required to determine CM1 or CM2 Can sample and analyse to confirm CP1 nitrogen, ammonia+ ammonium nitrogen, nitrate+ nitrite Stored>30 days 3 nitrogen, total phosphorus, total solids Paunch manure Fresh or stored<30 days 2 No additional parameter sampling and analysis Stored>30 days 3 required Source separated organic matter from residential No sources n/a 3 additional parameter DRAFT—For Discussion Only 39 Version— September 7, 2007 sampling and analysis Fat, oil and Organic matter from the processing of fish n/a 3 grease Fresh or stored< 10 No Washwater from cleaning of the equipment and days 1 additional processing area of fish processing facilities including Stored> 10 days but< 2 parameter materials that contain some food-grade cleaners 30 days sampling and analysis Stored>30 days 3 required Fresh or stored< 10 1 Fat,oil and days grease Cooked pet food manufacturing waste. Stored> 10 days but< 2 30 days DRAFT—For Discussion Only 40 Version— September 7, 2007 Fats,oil and Organic matter from grease traps, interceptors and n/a 3 grease& dissolved air flotation units sodium No additional Waste products which are suitable for feeding farm animals and may contain animals products,but do not n/a 3 parameter sampling contain medications and analysis Fat, oil and Organic matter from the processing of fish n/a 3 grease Fresh or stored< 10 No Washwater from cleaning of the equipment and days 1 additional processing area of fish processing facilities including Stored> 10 days but< 2 parameter materials that contain some food-grade cleaners 30 days sampling and analysis Stored>30 days 3 required Fresh or stored< 10 1 Fat,oil and days grease Cooked pet food manufacturing waste. Stored> 10 days but< 2 30 days DRAFT—For Discussion Only 40 Version— September 7, 2007 Column 1 Column.2 , 'Column:3 Column 4 Column 5 Column 6 Column'? ' :Column S Additional " Category List of Materials Length of Storage COA Parameters ;Metals Vathogen� Parameters to be prior to Application Categorization to be Criteria Analysed, .Criteria Analysed Cooked pet food manufacturing waste(cont'd). Stored>30 days 3 Category 4 Fresh or stored< 10 Boron Sampling Designated Total days I and as CP2; kjeldahl analysis Can nitrogen, required to sample ammonia+ Stored> 10 days but< Pulp and Paper biosolids 30 days 2 determine CMl or and analyse to ammonium nitrogen, CM2 confirm nitrate+ CP1 nitrite Stored>30 days 3 nitrogen, total phosphorus, total solids Category 5 Sewage Biosolids from municipal sewage treatment Liquid aerobically Sampling Must Total works digested and containing I No and sample kjeldahl not less than 0.5 mg additional analysis and nitrogen, dissolved oxygen/L parameter required to analyse for ammonia+ Liquid aerobically sampling determine CPI or ammonium digested and containing I and analysis CM1 or CP2 nitrogen, not less than 0.5 mg required CM2 nitrate+ dissolved oxygen/L nitrite Liquid aerobically nitrogen, digested containing less 2 total than 0.5 mg dissolved phosphorus, P , ox en/L total solids, DRAFT—For Discussion Only 41 Version— September 7, 2007 Sewage Biosolids from municipal sewage treatment works Anaerobically digested sewage biosolids Sewage biosolids which have been dewatered by means other than a high speed centrifuge and stored less than 30 days Sewage biosolids which have been dewatered using a high speed centrifuge All sewage biosolids which have been dewatered and stored for 30 days or more 2 total volatile solids. 2 DRAFT—For Discussion Only 42 Version— September 7, 2007 Commentary on the Living Green Advisory Committee Delegation to Clarington GPA Committee Monday April 28,2008 Louis Bertrand,Bowmanville April 22 (Earth Day) • Delegation by John Stephenson • Global Financial Crisis • Peak Oil • Climate"Code Red" • Requested new name:Sustainability N Friday, May 2, 2008 I wish it to be known on the record that I asked Chair Abernethy to step aside during my delegation to avoid an apparent conflict of interest while discussing his chairing the Living Green committee. Chair Abernethy refused and gave no reason. I attended the meeting of the Living Green Advisory Committee last week, on Earth Day, April 22nd. At that meeting, I had the privilege of hearing a delegation by Mr. John Stephenson, in which he elegantly addressed three global threats that would directly affect Clarington and its residents: the looming financial crisis triggered by the US, the depletion of our reserves of fossil fuels and the accelerating rate of climate change due to our release of greenhouse gases. His delegation was concise yet informative and conveyed a sense of urgency. Mr. Stephenson also suggested the committee change its name from the vague "living green" to something more tangible, such as "Sustainability". Talk Talk Talk • One of the biggest disappointments of environmental activists is that when all is said and done, more is said than done... • But at least,we're talking, right? • Talking about environmental issues? No! 3 Ineffective • Nearly two hours wrangling over chair issue • Lost in procedural details (clerk's report) • May have lost quorum • Hasn't even approved previous minutes Returning to Mr. Stephenson's delegation... t,I Friday, May 2, 2008 Every environmentalist knows that when all is said and done, more often than not, more is said than done. Nonetheless, I was hopeful that the committee would discuss some of Mr. Stephenson's concerns. Instead, the committee spent most of the meeting wrangling over the issue of who will chair the committee. At this point, I must acknowledge that Mayor Abernethy had excused himself from the meeting, specifically to allow such a discussion. However the meeting rapidly lost focus and devolved into procedural wrangling. It's possible that the meeting might have lost quorum when the mayor excused himself. Who knows? It was chaotic. I've since discovered that the committee has been so lost in red tape that it hasn't approved its own minutes from two previous meetings. After the wrangling was done, the committee did not discuss Mr. Stephenson's delegation. Worse, they did not even thank him for it, as is the custom. Let me explain why I think it's important we discuss those issues he raised. Friday, May 2, 2008 5 You may recognize this gentleman. Former US Vice-President Al Gore was giving a new slide show a few weeks ago, and I lifted a little bit of it. The average temperature on Earth is 15C (something like 59F), a cool spring evening... Venus, our nearest planetary neighbour, is almost the same size -- 86% of the diameter. Its average temperature is 457C -- much hotter than a kitchen oven! So, you say, Venus is much closer to the Sun! Of course it is, and we'd expect it to be hotter. But we'd expect Mercury, closest to the Sun, to be the hottest. In fact, it's only about 400C, and on the dark side minus 150. The big difference is the atmosphere. Venus and the Earth each have the same amount of carbon. On Venus all the carbon is in the atmosphere. On Earth, most of the carbon has been pulled out of the 6 atmosphere mostly as oil, gas, coal, bitumen, shale and peat bogs. Pt, 7 Current Chair • Not credible • Not qualified • Not accepted • Greenwashing P Friday, May 2, 2008 And we're doing our best to reverse that situation. That's a game of catch-up that don't want to win! Mr. Gore reminds us that there is important work to be done, and as long as this committee's effectiveness is compromised by the current controversy, its work will be overshadowed. Without personal attacks, I assert that the mayor is not credible to lead an environmental committee, not qualified on matters of sustainability and, judging by the number of letters to the editor on that subject, not accepted by the public. This was acknowledged by staff member Jennifer Cooke. In fact, this committee is widely seen as greenwashing. Follow The Rules "Members of Council and municipal staff sitting on the Committee shall not be eligible to assume the position of Chair or Vice-Chair" • Members lobbied by staff to nominate mayor • Seconded by Coun. Novak • New proposal:"Interim" (for 18 months) Es7 Scrub It & Start Over Request that council move to • Dissolve the existing committee • Reconvene with • New Terms of Reference:Sustainability • Simpler procedural rules • Chaired by strong independent citizen leader 10 Friday, May 2, 2008 Furthermore, the mayor is currently in violation of council rules on committees, and it was likely not an oversight. Committee members, inexperienced in their positions and unaware of council rules, were lobbied to accept the mayor as chair. His nomination was seconded by councillor Novak. Before even receiving the clerk's report, last Tuesday, the committee voted to enshrine the mayor as interim chair -- for 18 months. I will let others judge if that still counts as "interim". What to do? I'm asking the GPA committee to recommend to council that the Living Green Advisory Committee be dissolved and reconvened with a stronger, more meaningful mandate to work toward sustainability in our little patch of the planet. Using simpler procedural rules and chaired by a strong independent community based leader, not tied to any specific stakeholder, this committee would shed the burden of the existing committee and would be free to tackle important matters. Conflict of Interest Further request that • Mayor Abernethy and Councillor Novak • Declare a conflict of interest while discussing this committee • Remove themselves from the discussion and any attempt to influence the outcome Friday, May 2, 2008 11 12 Returning to my request at the start of my delegation, I also ask that the two members of council on the committee remove themselves from discussion on the clerk's report and about the committee itself. Thank You Questions April 28, 2008 Delegation to Clarington GPA Committee Re: Interpretation of Council Procedural By-law Good Morning Mr. Mayor, Members of Committee, Ladies & Gentlemen: Council adopted an Accountability and Transparency policy a few months ago. Transparency in this context is understood to "include the principle that the Municipality of Clarington actively encourages and fosters stakeholder participation, clarity and openness in the decision-making processes. I suggest what transpired at last week fails to meet this objective. First, it is important to distinguish between words that criticize politicians' decisions or their behaviour, versus those that are clearly offensive and disrespectful. Experienced politicians know that words like crony, sheep, and bully are common terms in the political realm. Second, it's really important to have your facts straight. Third, after interpreting your by-law fairly you must ensure that penalties would be commensurate with the infraction. Last Monday the Mayor shut down Mr. Barry Bracken twice—for using the words crony and sheep. Mr. Bracken was asked to retract both statements, and he clearly did so. Mr. Bracken then speculated before resuming his talk by saying, "I guess you might not like what I have to say next"; at which point the Mayor told him his delegation was over. How can the Mayor prevent anyone from speaking on the basis that he might not like what a delegate might say? On that basis many citizens could never address this Council. Mr. Richards made a delegation to complain about the offensive behaviour of Chair Anderson at a Regional meeting at which a Clarington resident stated her concerns about the incinerator. Councillor Trim chaired that meeting also attended by Mayor Abernethy and Councillor Novak. Many present, myself included, were disturbed that Chair Trim did not call Mr. Anderson out of order or at least caution him, and that no Clarington Councillor uttered a word to either stop or mitigate the situation which reduced the young woman to tears. Mayor Abernethy shut him down when he came to the sentence: "Long time council watchers have learned to expect this kind of treatment from a bully". While not a compliment, this term most properly described the Chairman's disrespectful behaviour and is not an uncommon term in the political world. Mr. Richards, being a good citizen, wanted you to address this incident. He knows that bad things happen when good people do nothing. It is ironic that a few short weeks ago this Council formally recognized Mr. Richards for receiving the Medal of Citizenship from the Province. Sadly, you missed Mr. Richards' main point because the Mayor shut 1 down him down before he could finish. I suggest that cutting off and sanctioning a citizen who addresses you because our 3 regional councilors failed to address a serious breach of decorum in another venue, is perhaps the Mayor focusing more on shooting the messenger than it is about the rules. Perhaps this is the Mayor taking preemptive action to prevent or distract Council from dealing with the underlying concern -which of course could be embarrassing for the Mayor, this Council as well as the Regional Chair. We expect that you hold yourselves to the same standards to which you hold others, and definitely when interpreting your by-laws and applying sanctions, and not just in these chambers but also in other venues which would definitely include the Mayor when he addresses students at local schools, as an example. Consistency and fairness matter when applying the rules. I believe most of you to be fair people. I strongly urge you to reconsider your decision regarding both delegations. A fair and impartial assessment would recognize that neither delegation should have been terminated, and the penalty imposed is unwarranted and inappropriate in both instances. Please do not allow anyone to misuse Council's procedural powers to stifle legitimate political criticism or debate. Thank you for your attention. Linda Gasser April 28, 2008 Delegation to Clarington GPA Committee Re: Reports CLD-015-08 and Addenum, Green Community Advisory Committee Good Morning Mayor Abernethy, Members of Committee, Ladies & Gentlemen: I cannot complete a fact review in 5 minutes, so I ask you to please extend my time by a few minutes to ensure you fully understand at least some issues before you proceed with a decision. Also, the Clerk can only work with the information that was provided to her— in this instance I believe her to be at a disadvantage. The first report, CLD-015 in Section 5 contains an inaccurate statement indicating the Green Community Advisory Committee has no concern with the Mayor as Chair. The committee had not been provided with the Advisory Committee protocol at their first meeting—I provided it in November, and members did raise concerns then and had earlier. In November the GCAC requested a Council decision, however, they had not been provided with either report as of their meeting on April 22°d. Why not? Mayor Abernethy's campaign worker nominated him as Chair, and Councillor Novak seconded the nomination. You'd think Ms. Novak would be aware of the potential conflict, and you'd hope she would know committee protocol. This illustrates the danger having two council members with voting privileges—they can create a situation where it's difficult for other committee members to vote against their motions. At their meeting April 22"d after learning about the two staff reports from a committee member, the GCAC passed a motion that individual members would provide their comments to the Vice-Chair, who would then write a letter to Council. Then, in a motion that is fundamentally contradictory to the previous one described and therefore possibly out of order—a non-citizen appointee rushed to move a confidence motion to confirm the Mayor as Chair. Recall that most non-citizen appointees have a business relationship with the town and outnumber the citizen representatives on the GCAC. Together with the two political votes effectively control that committee's decisions. The 18-month interim chair was suggested so that the Mayor would have sufficient time to "groom" the next chair in the event he could not stay on as chair. Changing the protocol to possibly permit the Mayor to hand pick the next chair flies in the face of the very issue we are trying to rectify-improper political intrusion into citizen affairs. I suggest any committee not able to elect a chair from within their membership within 3-6 months would demonstrate they are either unwilling or unable to take on a leadership role. If no citizen leader emerges, then strike a Mayor's Task Force but don't pretend to have a Community Advisory Committee. Even after GCAC members became aware of the protocol that precludes a politician from seeking the chair, the majority present nevertheless appeared quite willing to ignore, and break the rules again, by confirming the mayor as Chair. Councillor Novak supported the Mayor as Chair again last week knowing it was against protocol—perhaps unaware of the 1 message that sent to committee members and the public. What other rules would GCAC members be willing to break and for what purpose? It is not clear why exactly staff did not provide all relevant rules and protocols to the committee from the start. We do know the Mayor interacts with staff and is in a position to act as gatekeeper of the information both explicitly and implicitly—this being even more of a concern if he is Chair. That the GCAC continues to receive select information around this matter is troubling. Last week would be the third meeting where quorum was a problem so you would think with a competent Chair and support staff that ToR error would have been caught earlier. The addendum report suggests that Council amend the Terms of Reference and the Protocol to recognize the recent GCAC motions. Why would you reward GCAC members who broke the rules twice, by now changing the rules to suit Committee preferences? The Mayor provides no evidence he understands the true nature of his conflict, and fails to recognize that the rule maker must also be the rule keeper. (The Mayor stopped me from speaking further at this point). Beyond breaking the rules which exist preserve fairness and consistency, and limit political interference, this is now also about the appalling lack of judgment shown both by the Mayor and Councillor Novak, who seem to believe that if the committee members support them, then breaking the rules is just fine and to heck with what the public thinks thus also sending the message there are double standards. How could Council place staff in the position of crafting report recommendations that might be contrary to the known preferences of their political masters? This is neither smart, nor fair. How do you expect the public to buy into, help develop and support any Green Community Strategy from that committee, if we cannot have confidence that it was arrived at properly and truly represents the direction the committee has set— and is not simply the path the preferred by the Mayor? The protocol should be amended to have it apply to all existing and future committees, to ensure than no interim chair sits longer than 3-6 months, and it must always be provided to members after appointment and before the first meeting. The GCAC ToR should be amended to revise the number needed for quorum. The Clerk should provide procedural support for all new committees so members are aware of the rules and related protocols One of the most important rules I have learned is the Rule of Holes—when you are in one, stop digging. Please send a message to the public and staff that the rules matter, that they are in place for a reason, if they need to be changed then the proper process must be followed to do that. Please demonstrate that Council is willing to uphold and defend the rules for the benefit of all concerned—not just those who might directly benefit. Thank you for your attention. 2 Delegation to Clarington GPA April 28, 2008 by Kristin Robinson Good morning Mayor Abernethy, Councillors, Staff, media and members of the public. Today, I am here to discuss the proposed operational limits for the Durham EFW facility, as I have many, many questions. I must point out that I am absolutely no expert, and I point out problems that I see as a concerned citizen. First, let us recall the resolutions that were passed January 23 d at the region, regarding emissions and monitoring technology. They included in summary: 1) That the Durham EFW facility will incorporate the most modern and state of the art emission control technologies that meet or exceed the European Union (EU) monitoring and measurement standards. 2) That Maximum Achievable Control Technology (MALT) for the emission standards and monitoring of the EFW facility be included in the RFP and approval certificate. The Air Emission Criteria presented by the consultants at the April 15th Joint Waste Management Group does not meet these resolutions. If we jump right to the table of Proposed Operational Limits, in my opinion there appears to be a glaring problem with the HCI proposed operational limit—the limit is 20, whereas the EU directive is lower at 9. This already conflicts with the resolution that passed. I have since learned that there has been a report/memorandum sent out by Cliff Curtis (dated April 23 d, report 2008-WR-16) explaining the reasoning the HCl limit was set so high. Cliff Curtis' memorandum states: "Strict application of operational limits for Hydrogen Chloride at the EUDirective level may preclude some of the qualified vendors from competing. To compensate, the operational limits on Sulphur Dioxide and Nitrogen Oxide will be substantially below the EU Directive so that the cumulative Acid Gas emissions will be below both Ontario A-7 and the EU Directive. " This statement floors me. What it tells me is that since some of the vendors cannot meet the Hydrogen Chloride limits, that we must lower them, so that all the vendors can remain in the game plan. This is the consequence of choosing vendors before the emissions criterion has been set. The vendors now seem to be driving the emissions standards! This is completely backwards. If the vendors can't meet the HCI limits, then i they shouldn't be in the running to build this facility—period! If EU facilities can meet it, then we must too. An excerpt from the conclusion that Cliff Curtis makes in the report is the following: "The proposed operational limits are aggressive and a blend of the best of the European and Ontario guidelines. " The regional council resolution did not ask for a BLEND—it asked for the best. Obviously the technology exists in this case—unfortunately vendors have already been chosen who cannot provide this. This is completely unacceptable. In addition, quarterly or semi-annual stack testing of dioxin as stated in the Air Emission Criteria is NOT MACT—the Isle of Man incinerator has continuous sampling for dioxins and furans—they use a sampling meter to extract dioxins from the flue into a specially prepared cartridge sent each month to a lab for analysis. As well, in a 2004/2005 Isle of Man public report it states: `continuous monitoring of dioxins is set to become a requirement for waste incinerators in the EU. If this is the case, then this is what we should be looking at for our `state of the art' facility in Durham. As well, I would like to point out some obvious flaws in the Facility Air Emission Criteria document handed out at JWMG. Slide 2 Left out the words `the most' in front of modern state of the art emission control technology. Without the words `the most' we lose the true sense of the resolution made. Slide 8 Flouride is spelled wrong—it should be spelled Fluoride. How am I supposed to trust consultants when they cannot even spell what they are talking about correctly?? This is very unprofessional in my opinion. Slide 9 They state EU 2007/76 that they refer to, however, I don't believe this is the one that they have been referring to all along which is EU 2000/76. Again, very unprofessional in my opinion. ***it was at this point that I was told that I had only 10 seconds left, at which point I said the following:*** I believe the public deserves to have the proposed operational limits peer reviewed— these limits are ultimately going to determine how `safe' the facility will be, and this is no small matter. I believe it would be extremely inappropriate to adopt the Proposed Operating Limits as they have been set out in the consultants report—I would hope that Clarington does not accept these operating limits. Dave Renaud of CAWDREC indicated that the CAW January Forum cost somewhere around $3,000 - $4,000 if you were wondering. April 23, 2008 "Whoever is careless with the truth in small matters cannot he trusted with the Patti L. Barrie, CMO important matters." Municipal Clerk Albert Einstein Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 pbarrie @clarinoton.net Regarding: Clarington Green Community Advisory Committee Dear Patti, Please consider this letter formal communication to the Council of the Municipality of Clarington. I am writing in regards to the Chairmanship of the Green Committee. I am writing to express my concerns with this issue, both as a citizen of Clarington and as a past community member on the Green Committee. My concerns with this issue are two-fold. First off, I am concerned that the Mayor has lobbied actively for a position that, according to Municipal protocol, is not to be held by the Mayor or another member of Council (i.e., he isn't following the rules). Secondly, I am alarmed at the excuses being made by some committee, community and Council members to justify these actions of the Mayor (i.e., it is okay' that he isn't following the rules). As you may be aware, I attended the first two Green Committee meetings as a community member. At the first meeting, when Mr. Carlos Salazar asked for nominations for Chair, I recall being surprised both at the speed at which he handled the issue (he seemed very pressed to move the decision forward) and the speed to which Ms. Reid responded with her nomination of the Mayor. I recall quite clearly thinking, "Well, THAT was planned out ahead of time." Little did I know how accurate my perceptions were! And I have found it quite disturbing to find out these three tidbits of information since I left the Green Committee: - That Ms. Reid had her own, unstated bias on the committee as a past "Thequardofaleaderisremselves. standards they set for themselves." campaign worker for the Mayor (she Ray roc represented herself only as someone Y concerned about the environment); - That the Mayor was involved in 'backroom' politicking to obtain the nomination of Chair of the Committee (something that other committee members didn't have the contacts within the committee to do, had they wanted to lobby for the Chairship); - That, by taking the position of Chair, the Mayor chose to - and is still choosing to - contravene municipal protocol. At the first Green Committee meeting, I raised concerns about the speed at which the Chair was nominated and chosen. I pointed out that other Committee members might not be willing to step up for the position because 1) they were new to the committee, 2) they couldn't fully understand what the role of Chair might entail (I certainly didn't at that first meeting) and 3) they weren't well acquainted with other committee members (how do you nominate someone you don't know?). I suggested an interim or rotating Chair until committee members could gain familiarity around the role and it responsibilities of the Chair position. (I understand there is even a regulation in committee protocols to address the provision of an interim Chair, but this alternative option was not mentioned in the meeting.) Mr. Salazar did not seem too happy with my suggestion or with the feedback from fellow Green Committee member, Mr. Ron Collis. Mr. Salazar seemed instead to really be pushing to get the job done (the job being the nomination of the Mayor). I only succeeded at being nominated as Co-chair, a risk I realized I was taking by opening my mouth to express my opinion. Other members of the committee were surprisingly quiet during this entire discourse ... perhaps because, unlike me, they had received one of those now infamous calls from the Mayor's Executive Assistant. "Nearly all men can withstand adversity. Ifyou truly want to lest a man's character,give him power." Abraham Lincoln 2 i Before I agreed to join the Green Committee, I asked two very specific questions of the Council representative who called me (I am sorry, I cannot recall his name). Firstly, I asked about the time commitment required for the committee. Secondly, I asked whether the Green Committee would be taken seriously by Council or whether it had just been set up to make the Council or the Mayor look good [because 'green is in].' I made it very clear that if the latter was the case, I had better things to do with my time and my energy. I was assured that the work of the Green Committee would be taken seriously by Council and that joining the Green Committee would be a valuable experience for me and for the community. It seems crystal clear to me now that this is not the case and that I was put in the exact position that I stated was unacceptable: A pawn to advance someone else's [the Mayor, Ms. Reid, etc.] unstated political agenda. I find this reality to be extremely insulting to me, both as a citizen of Clarington and as a professional. To me, these are the core issues: !F - The Mayor has and is knowingly breaking the rules: It is as simple as that. j - The Clerk and staff of Clarington seem to think that the breaking of these rules is all right. My goodness, why do we even need to send a question like this to staff for input? Unlike many issues facing Clarington Council these days, this one seems pretty 'black and white' ... there are rules, they are being broken, they shouldn't be broken, undo the damage, don't do it again. A-B-C. The argument put forward that the Mayor should be the Green Committee Chair because he brings credibility to the Committee is absolutely ridiculous. How does the Green Committee have any credibility at all when the Mayor is also one of the most active and vocal proponents of the greatest 8 environmental threat facing Clarington in decades - the incinerator? And perhaps this connection explains why the incinerator hasn't even come up as a concern of the committee, despite the impact that this facility would have on many facets of the Committee's mandate? In my view, having the Mayor as a member of the Committee - let alone the Chair - takes away from the Committee's credibility rather than adding to it. (Tell me, how much have the Mayor's leadership tactics at the Council level brought credibility to our local ! government?) "Leadership consists not in degrees of !,F technique but in traits of character; it I! requires moral rather than athletic or intellectual effort, and it imposes on both leader and follower alike the burdens of !} self-restraint.- Lewis H.Lapham E 3 l w s iA The argument put forward that the Mayor is the best to lead the Committee because of his many community connections is spurious. As should be obvious to anyone who has been near Clarington or Regional Council in the last year, there are many community citizens who are well established, well connected and very effective in their efforts to address local environmental issues. The Mayor is by far not the only qualified candidate and if perhaps the Council had reached out to some of the very qualified activists in the our community - rather than limiting its reach to one of the Mayor's main campaign supporters - it wouldn't now be in the position of having to choose the Mayor as the best option for Chair. Finally, while I agree that the Green Committee - and any other community advisory committee for that matter - needs strong leadership it is simply not true that the Mayor has any extraordinary strength to offer in this regard. The most impressive and awe-inspiring community leaders that I have seen in action over the past eight months come from the very community that this Committee espouses to represent. The quality of your catch depends on where you cast your net. i To me the issue is about much more than the Mayor finagling his way into the Chairship of a community advisory committee. This incident is just one of many representing a significant impairment of attitude - and a very core lack of respect for the office and the citizens of Clarington - at the Mayoral level. Our Mayor's disregard for rules - and apparent belief that he has some !" greater wisdom to offer our communities than any other citizen - is turning Clarington into an embarrassment and laughingstock. How do you ever hope to inspire people to solve complex challenges like the waste issue when our own Mayor cannot even muster up basic respect for his constituents? Because, my friends, this is the true, core issue facing us right now. Leadership is not just about having the title, the elevated chair, a fancy necklace and the power to kick people out of meetings if you don't like what they say. Leadership is about inspiring people with a vision and then motivating them to act towards achieving that vision. If these kinds of shenanigans continue [blatant disregard for the rules by our highest municipal representative], how does Council ever truly expect to represent the people of Clarington, let alone to lead them? I hope you will stand up and stop this behaviour. Set an example and a standard to which we can aspire rather than one that we abhor. Respectfully submitted, "One measure of leadership is the calibre Kristin Duare McKinnon-Rutherford, HBSW, MSW ofpeople who choose tofollow you." Courtice, Ontario Dennis Peer 4