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Home My WebLink About12/02/2002 ... Cll1!ilJgton - - .. ... - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: DECEMBER 2,2002 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL .. 2. DISCLOSURES OF PECUNIARY INTEREST - 3. MINUTES (a) Minutes of a Regular Meeting of November 18, 2002 301 ... 4a. PRESENTATIONS - (a) - (b) - .. (c) Bernie Kuslikis, Manager, Plant Operations, John Thompson, Superintendent, Durham Region Works Department, Elaine Collis, Biosolids Coordinator, Skip Ambrose and Bob Campsal - re: Durham Region's Liquid Biosolids Program Mayor Mutton, presentation of Certified Municipal Manager III Designation to Marie Knight Stanley, Deputy Clerk - awarded by the Ontario Municipal Management Institute Lou Ann Birkett and Steve Grigg - Presentation regarding the Corporate Health and Safety Annual Report ADM-09-02 - 4b. DELEGATIONS (a) - .~ - .. - Frank Feldman, 7 Director Court, Unit 104, Woodbridge, L4L 4S5 - re: Report PSD-129-02 (b) Dr. L. D. Rackham and Ted Barnoski, 164 Foster Avenue, Belleville, K8N 3P8 - re: Report PSD-129-02 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 ..., G.P.& A. Agenda - 2 - December 2, 2002 .. (c) Bryce Jordan, G M Sernas and Associates, 110 Scotia Court, - Unit 41, Whitby, L 1N 8Y7 - re: Report PSD-129-02 (d) John Wells, Courtice Area Ratepayers Association, 15 Firwood "'" Avenue, Courtice, L 1 E 1 P6 - re: South Courtice Industrial Lands (e) Janet Lange, 2 Shoreview Court Bowmanville, L 1 C 3V2, Humane III Society of Durham Region re: Report CLD-55-02 5. PUBLIC MEETING .. (a) Rezoning Application .- Applicant: St. Anthony of Padua Parish REPORT PSD-122-02 501 6. PLANNING SERVICES DEPARTMENT .. (a) PSD-122 -02- St. Anthony of Padua Parish .. Applicant: Dickinson & Hicks Architects Inc. 601 (b) PSD-123-02 - Rezoning and Site Plan Applications .. Applicant: 1413350 Ontario Limited 607 (c) PSD-124-02 - Application for Official Plan Amendment and - Zoning By-law Amendment within the Municipality of Port Hope Applicant: Tucker Creek Limited 615 - (d) PSD-125-02 - Rezoning Application - Temporary Use Applicant: Great Canadian Town Band Festival 623 ... (e) PSD-126-02 - Monitoring of the Decisions of the Committee of Adjustment for the Meeting of November 21, 2002 633 .. (f) PSD-127-02 - Bed & Breakfast Establishments 638 - (g) PSD-129-02 - Official Plan Amendment and Neighbourhood Design Plan Foster Creek Developments and Robert Stephenson 646 ~ 7. ENGINEERING SERVICES DEPARTMENT .- (a) E G D-51-02 - Intersection of Old Scugog Road at Boundary Road, Burketon 701 IIIfIII - ... - G.P.& A. Agenda - 3 - December 2, 2002 - (b) EGD-52-02 Policy Promoting The Safe Movement of Farm - Vehicles and Equipment 708 - (c) E G D-53-02 Aspen Springs Subdivision, Phase 1, Bowmanville, - Plan 40M-1686, 'Certificate of Acceptance', - Tributary Stormwater Management Works and Water Quality Works 719 (d) EGD-54-02 - Longworth Avenue Extension - Scugog Street to ... Regional Road No. 57 Pubic Information Centre 723 - 8. OPERATIONS DEPARTMENT (a) OPD-014-02 - Bowmanville Main Branch Library/Mac Expansion - Update 801 (b) OPD-015-02 - Confidential Report - Personnel Matter .. (distributed under separate cover) 9. EMERGENCY SERVICES DEPARTMENT - No Reports - 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-017-02 - Confidential Report - Personnel Matter - (distributed under separate cover) 11. CLERK'S DEPARTMENT - (a) CLD-55-02 - Delegation of Janet Lange - Humane Society of Durham Region 1101 - (b) CLD-57-02 - Departmental Chairs and Vice-Chairs 1106 - (c) CLD-58-02 Amendment to Municipal Firearms By-law 1109 - (d) CLD-59-02 - Municipal Act, S.O. 2001 1112 - - ... ... .." G.P.& A. Agenda - 4- December 2, 2002 .. 12. CORPORATE SERVICES DEPARTMENT .. (a) COD-58-02 - Confidential Report - Personnel Matter (distributed under separate cover) .- (b) COD-59-02 - Confidential Report - Personnel Matter (distributed under separate cover) .. (c) COD-60-02 - Tourism Oriented Directional Signage (TODS) 1201 .. (d) COD-61-02 - RFP2002-2, Port Granby Long Term Low-Level Radioactive Waste Management Report- Contract Extension 1205 .. 13. FINANCE DEPARTMENT ... No Reports 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT .. (a) ADM-09-02 - Corporate Health and Safety Program 1401 .. 15. UNFINISHED BUSINESS 16. OTHER BUSINESS ...- 17. ADJOURNMENT .. - ... - .. .. ." ... - ... THE MUNICIPALITY OF CLARINGTON - General Purpose and Administration Committee November 18, 2002 - Minutes of a meeting of the General Purpose and Administration Committee held on Monday, November 18, 2002 at 9:30 a.m., in the Council Chambers. .. ROLL CALL Present Were Mayor J. Mutton Councillor D. MacArthur Councillor G. Robinson Councillor J. Rowe Councillor J. Schell Councillor C. Trim .. .. Absent: Councillor P. Pingle (attending Municipal business) .. Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Director of Corporate Services. M. Marano Director of Finance/Treasurer, N. Taylor Municipal Clerk, P. L. Barrie .. .. Mayor Mutton chaired this portion of the meeting. .. DISCLOSURE OF PECUNIARY INTEREST - Councillor Schell advised that he would be making a disclosure of pecuniary interest with respect to Report PSD-120-02. MINUTES .. Resolution #GPA-435-02 Moved by Councillor Robinson, seconded by Councillor MacArthur .. THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on November 4,2002 be approved. .. "CARRIED" - Councillor Trim advised he attended the official opening of the Sears Complex on Baseline Road in Bowmanville Thursday, November 14, 2002. That same evening, he attended the 1 ih Annual Meeting of the Durham Region Manufacturers' Association. .. Councillor Robinson thanked all the Members of Council and staff who were present at the reopening of Newcastle Arena on Saturday, November 16, 2002. .. Councillor Schell advised that the 41 sl Annual Bowmanville Santa Claus Parade was a resounding success on the weekend. - 30 I G.P. & A. Minutes PRESENTATION DELEGATIONS - 2 - November 18, 2002 .. .. (a) Cynthia Strike, Planning Services Department, Municipality of Clarington made a presentation to Committee on the siting issues related to telecommunications towers. She advised that the policy included in Report PSD-116-02 has been prepared for Committee's review. The problems which the municipality are experiencing are not unique; in fact the same concerns have arisen across Canada. Industry Canada, the approval authority for regulating Telecommunications facilities, ensures that municipalities are consulted prior to the erection of towers and significant antennae structures. The policy recommended provides that the role of the municipality is to provide comments with respect to land use capability through Industry Canada. The municipality has no constitutional authority to regulate or prohibit telecommunications facilities. The policy relies on the desire of the carriers to work with the municipality and avoid situations where there will be conflict with residents. It requires carriers to provide a Letter of Undertaking rather than a Development Agreement which ensures that certain works will be completed but eliminates the need to register any agreement on title and reduces the timelines for approval. The municipality's solicitor is assisting with the preparation of a standard Letter of Undertaking. .. .. .. .. .... .... Mayor Mutton presented a certificate of appreciation to Amanda Miller, Student Page. ... Resolution #GPA-436-02 ... Moved by Councillor Schell, seconded by Councillor Rowe THAT Stephen D'Agostino and Glenn Genge be added to the list of delegations. .. "CARRIED" .... (a) Helena Brasz, 1705 Ovens Road North, Newtonville, LOA 1JO addressed Council with respect to Report PSD-118-02. Ms. Brasz indicated that she has the following concerns with the development: .... . Increased traffic . Adequacy of parking in private driveways . Paved road versus dirt road . Loss of privacy . Installation of fencing to keep animals out of her property and particularly her pond ... .. (b) Louise Martin, 15 Maple Street, Haydon, L1C 3K2 addressed Committee with respect to Report PSD-119-02. She stated that a staff report dated March, 2000 indicated that the development impacts on the Bowmanville Creek must be evaluated and the extent of the hazard lands was to be determinated. A Gartner Lee Report dated May, 2002 has shown no net impact on the creek and that no hazard lands are contained within the proposed lot. In fact, the hazard lands are more than 6 metres outside the lot. .. ell ... 302 .... - G.P. & A. Minutes - DELEGATIONS CONT'D. - .. - - 3 - November 18, 2002 She asked Committee to consider the scientific studies when reviewing this matter. Ms. Martin indicated that "top-of-bank" is not defined in the municipality's Official Plan and therefore is open to interpretation. She noted inconsistencies in this determination and questioned why requirements are more restrictive for this one lot than they were for a plan of subdivision of four lots in the same area. It is Ms. Martin's opinion that this application is reasonable and appropriate. (c) Bev Cochrane, 61 Maple Street, Haydon, L 1C 3K2 advised prior to the meeting that she would not be in attendance. .. (d) .. (e) .. .. .. .. - - - - - - - .. Robert Martin, 15 Maple Street, Haydon, L 1C 3K2 addressed Committee with respect to Report PSD-119-02 and described what he felt were inconsistencies in sections 4.1, 4.2, 6. 6.4 and 7 of the report. Mr. Martin questioned whether all development in the municipality has been restricted to tableland. Linda Gasser, P.O. Box 399, Orono, LOB 1 MO addressed Council with respect to the 407 East Completion Environmental Assessment process. Ms. Gasser indicated that she cannot think of a project that has the potential to impact Durham Region more than Highway 407 will and can't think of a municipality that would be a more affected than Clarington. She requested that Committee consider the following: 1) Explore the merits of hiring a Transportation Consultant with experience in the Environmental Assessment Process to assess the transportation planning report and to assist in crafting a municipal position and response to that document as well as to the draft terms of reference 2) Consider striking a Community Stakeholders Advisory Committee to provide strategic advice to Council from a community perspective Ms. Gasser submitted reports from the City of Burlington which illustrates the process they went through to address the huge volume of information from the Ministry of Transportation with respect to the Mid Peninsula Highway. (f) Stephen D'Agostino, Thomson, Rogers, Barristers and Solicitors, Suite 3100, 390 Bay Street, Toronto, M5H 1W2 addressed Committee with respect to Report PSD-116-02, Policies for New Telecommunications Antenna and Towers. He advised that the ability to control the location of towers is dictated by technology, topography and location of the users. He stated that his client, Telus Mobility, is attempting to provide two kinds of service ie. basic coverage and capacity. He indicated that his client listens and responds seriously to the concerns of municipalities, however, service can be compromised when the placing of the towers moves from the grid configurations. This compromise will result in more towers being erected over time in order to provide the service which is demanded by the customers. He indicated that the environmental assessment provision applies to everything, however if the telecommunications companies are operating under four restrictions they are exempt. Because of this exemption he recommended to Committee that they assume that the environmental assessment provisions do not apply to telecommunications companies. Mr. D'Agostino advised that Section 2a of the proposed policy recommends colocation on existing towers or structures. ~ ('I ":; G.P. & A. Minutes DELEGATIONS CONT'D. PUBLIC MEETING - 4 - November 18, 2002 .... .. By complying with this policy, more towers will be required as alternative structures cannot colocate. Section 2b of the policy requests distances be maximized from residential areas, community and institutional uses. The companies are finding that the residents are the users of the service and in order for the residents to have use of the service the towers will need to be located close to them. .. .. Resolution #GPA-437-02 Moved by Councillor Rowe, seconded by Councillor Schell .. THAT the ten minute delegation timeline be extended to allow for Mr. D'Agostino to complete his delegation. - "CARRIED" Mr. D'Agostino indicated that other municipalities are finding that the community and institutional uses such as arenas, soccer pitches and hospitals are requesting towers to be located in their near vicinity as users of the facilities are also the users of the telecommunications services. He stated that the Municipality of Clarington may find that the protocol will cause problems in the future because of this requirement. He also stated that the policy provides no provision to allow for carriers to exempt themselves by making small changes rather than large ones. Some municipalities have included in their policies that a percentage increase with colocation can be incorporated rather than going through the entire process. ... .. .. .. (g) Glenn Genge, D G Biddle & Associates, 96 King Street E., Oshawa, L 1 H 1 B6 addressed Council with respect to Report PSD-118-02. He advised that the concerns with the proposal have been adequately addressed in the report and offered to answer questions of the Members of Committee. - Resolution #GPA-438-02 .... Moved by Councillor Schell, seconded by Councillor Rowe THAT Committee recess for fifteen minutes. .. "CARR I ED" .... The meeting reconvened at 11 :15 a.m. .. Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: .. (a) Rezoning Application Applicant: Marlene Spruyt .... .. -7 f.', r\ ): : /j , , .... ... G.P. & A. Minutes - 5- November 18, 2002 ... PUBLIC MEETING CONT'D. ... The Planning Services Department sent public notice for the combined rezoning, official plan amendment and subdivision application(s) by first class mail on or before October 18, 2002 to all property owners within 120 metres of the subject property in accordance to the latest municipal assessment record. A public notice was also posted on the property in question. - ... (a) Report PSD-115-02 - Rezoning Application - The purpose and effect of the application is to change the zone category of a 0.35 ha (0.86 acre) property from "Hamlet Commercial Exception (C3-5) Zone" to an appropriate zone to permit a veterinary clinic. ... No one spoke in opposition to or in support of this application. ... Glenn Genge, DG Biddle & Associates, 96 King Street E., Oshawa, L 1 H 1 B6 addressed Committee on behalf of the applicant. He indicated that the rezoning will be a benefit to the property as the dental and medical use has moved out of the building. He stated that there will be no outdoor kennels associated with the veterinary clinic. .. PLANNING SERVICES DEPARTMENT ... Rezoning Application Resolution #GPA-439-02 Applicant: Marlene Spruyt Moved by Councillor Robinson, seconded by Councillor MacArthur .. THAT Report PSD-115-02 be received; - THAT the rezoning application submitted by D. G. Biddle & Associates Ltd. on behalf of Marlene Spruyt be approved and the by-law be passed as contained in Attachment 2 to Report PSD-115-02; and .. THAT all interested parties listed in Report PSD-115-02 and any delegations be advised of Council's decision. "CARRIED" - Telecommunication Resolution #GPA-440-02 Antenna and Towers PLN.18.7 Moved by Councillor Rowe, seconded by Mayor Mutton ... THAT Report PSD-116-02 be received; .. THAT the policies for New Telecommunications Antenna and Towers in Attachment 1 to Report PSD-116-02 be approved; and .. THAT Mr. Alex Shepherd, M.P., Dan McTeague, M.P., Judi Longfield, M.P. Ivan Grose, M.P., Mr. John O'Toole, M.P.P., Industry Canada, Rogers AT&T Wireless, Bell Mobility, Microcell, Telus Mobility and Mr. Stephen D'Agostino be advised of Council's decision. - "CARRIED" - - "0 [ ) ) G.P. & A. Minutes - 6- November 18, 2002 ... PLANNING SERVICES DEPARTMENT CONT'D. Rezoning Appl. Applicant: Lakeland Associates Ltd. Proposed Draft Plan Of Subdivision Appl. Applicant: D.G. Biddle & Assoc. Rezoning and Land Division Committee Applicant: Louise and Robert Martin .. Resolution #GPA-441-02 Moved by Councillor Trim, seconded by Councillor MacArthur ... THAT Report PSD-117-02 .be received; THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Lakeland Associates, be approved; .. ... THAT the amending By-law attached to Report PSD-117-02 be forwarded to Council for approval; THAT a copy of Report PSD-117-02 and the amending By-law attached to Report PSD-117-02 be forwarded to the Durham Region Planning Department; and .. THAT all interested parties listed in Report PSD-117-02 and any delegation be advised of Council's decision. ... "CARRIED" .. Resolution #GPA-442-02 Moved by Councillor Robinson, seconded by Councillor Rowe .. THAT Report PSD-118-02 be received; .. THAT the application for proposed draft Plan of Subdivision S-C-2002-001, submitted by D. G. Biddle & Associates on behalf of 1419345 Ontario Limited be approved and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report PSD-118-02; .. THAT the Mayor and Clerk be authorized by by-law to execute on behalf of the Municipality a subdivision agreement with the applicant or any successor in title at such time as the agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services; and ... .. THAT the Region of Durham Planning Department and all other parties listed in Report PSD-118-02 be forwarded a copy of Report PSD-118-02 and any delegations be advised of Council's decision. .. "CARRIED" .. Resolution #GPA-443-02 Moved by Councillor MacArthur, seconded by Councillor Trim ... THAT Report PSD-119-02 be received; THAT the Ontario Municipal Board be requested to deny the application for amendment to Zoning By-law 84-63 and Land Division Committee Application LD 050/2002, submitted by Louise and Robert Martin, to permit the development of a detached dwelling on the subject property; .. .. 306 ... ... G.P. & A. Minutes - 7 - November 18, 2002 - PLANNING SERVICES DEPARTMENT CONT'D. - THAT the Solicitor and Staff be authorized to appear before the Ontario Municipal Board in support of the above recommendation; - THAT a copy of Report PSD-119-02 and Council's decision be forwarded to the Region of Durham Planning Department and the Ontario Municipal Board; and - THAT all interested parties listed in Report PSD-119-02 and any delegations be advised of Council's decision. "CARRIED" - Councillor Schell stated a pecuniary interest with respect to Report PSD-120-02; vacated the chair and refrained from discussion and voting on the subject matter. Councillor Schell indicated that his employer, St. Mary's Cement, is mentioned in the report. - Mayor Mutton chaired this portion of the meeting. - Referral NO.5 and Resolution #GPA-444-02 Related appeals to the Clarington Official Moved by Councillor Trim, seconded by Councillor Rowe Plan - THAT Report PSD-120-02 be received; and .. THAT a copy of the report be forwarded to Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority and the Kawartha Region Conservation Authority. "CARRIED" .. - Confidential Report - Property Matter Resolution #GPA-445-02 Moved by Councillor Schell, seconded by Councillor Trim THAT the recommendations contained in Confidential Report PSD-121-02 be approved. - "CARRIED" - Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT - Trail Opportun ities Resolution #GPA-446-02 Moved by Councillor Rowe, seconded by Mayor Mutton .. THAT Report EGD-49-02 be received; and - THAT a copy of the Report be forwarded to the Ganaraska Region Conservation Authority and to the Central Lake Ontario Conservation Authority. - "SEE FOLLOWING MOTIONS" 5- '~'." ! i / UI .. G.P. & A. Minutes - 8 - November 18, 2002 ... ENGINEERING SERVICES DEPARTMENT CONT'D. Monthly Report on Building Permit Activity for October, 2002 .. Resolution #GPA-447-02 Moved by Councillor Trim, seconded by Councillor Schell ... THAT the foregoing Resolution #GPA-446-02 be amended by adding the following thereto: ... "THAT staff prepare a further report to address the cost and responsibility of continued maintenance of our existing trails." "SEE FOLLOWING MOTION" .... Resolution #GPA-448-02 ... Moved by Mayor Mutton, seconded by Councillor Schell THAT the foregoing Resolutions #GPA-446-02 and #GPA-447-02 be tabled to the Council meeting scheduled for November 25, 2002. ... "CARRIED" Resolution #GPA-449-02 .. Moved by Councillor Schell, seconded by Councillor Robinson ... THAT Report EGD-50-02 be received for information. "CARRIED" .. The Director of Engineering Services was requested to prepare information regarding the cost of the Concession Street construction versus traditional construction, snowplowing concerns with the construction and the calming effects incorporated into the construction. IIIIIi OPERATIONS DEPARTMENT .. There were no items considered under this section of the agenda. Councillor Robinson chaired this portion of the meeting. .. EMERGENCY SERVICES DEPARTMENT Monthly Response Report Volunteer Firefighter Replacement Resolution #GPA-450-02 .. Moved by Councillor Rowe, seconded by Councillor Schell - THAT Report ESD-023-02 be received for information. "CARRIED" .. Resolution #GPA-451-02 Moved by Councillor Schell, seconded by Councillor Trim ... THAT Report ESD-024-02 be received for information. 3U8 "CARRIED" ... .. .. G.P. & A. Minutes - 9 - November 18, 2002 - COMMUNITY SERVICES DEPARTMENT There were no items considered under this section of the agenda. - CLERK'S DEPARTMENT - Implementation of New Parking Enforcement Equipment .. .. Animal Services Monthly Report for Month of October, 2002 .. .. .. Municipal Election 2003 .. .. .. .. Parking Report for October, 2002 .. - - Resolution #GPA-452-02 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Report CLD-49-02 be received for information. "CARRIED" Resolution #GPA-453-02 Moved by Mayor Mutton, seconded by Councillor Trim THAT Report CLD-50-02 be received for information; and THAT a copy of Report CLD-50-02 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" Resolution #GPA-454-02 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report CLD-51-02 be received; THAT the Municipality of Clarington utilize the "Vote by Mail" method of voting for the 2003 Municipal election; and THAT, in accordance with Section 42 of Municipal Elections Act, the appropriate by-law be forwarded to Council for passage. "CARRIED" Resolution #GPA-455-02 Moved by Councillor Schell, seconded by Councillor Trim THAT Report CLD-52-02 be received; and THAT a copy of Report CLD-52-02 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Appointment of Private Resolution #GPA-456-02 Property Parking Enforcement Moved by Councillor MacArthur, seconded by Councillor Schell Officers .. - - THAT Report CLD-53-02 be received; THAT the By-law attached to Report CLD-53-02 be forwarded to Council for approval; and 7 r.. . (j .)'j '/ G.P. & A. Minutes - 10- November 18, 2002 ... CLERK'S DEPARTMENT CONT'D. - THAT Securitas Canada, Valiant Property Management, Standard Parking of Canada Ltd. and Lakeridge Health Centre - Bowmanville be advised of Council's decision. .. "CARRIED" Appointment of Resolution #GPA-457-02 Operations Staff as Parking Enforcement Moved by Councillor MacArthur, seconded by Councillor Trim Officer - .. THAT Report CLD-54-02 be received; THAT the By-law attached to Report CLD-54-02 be forwarded to Council for approval; and ... THAT Murray Devitt be advised of Council's decision. - "CARRIED" Mayor Mutton chaired this portion of the meeting. ... CORPORATE SERVICES DEPARTMENT Rink Board Signs Resolution #GPA-458-02 .... Moved by Councillor Schell, seconded by Councillor Rowe THAT Report COD-53-02 be received; ... THAT the agreement with Futuresign Multimedia Displays Inc., Aurora, Ontario, to provide the marketing, sale of space and the production of Rink Boards at the Garnet B. Rickard Complex, Darlington Arena and South Courtice Arena be extended for an additional three (3) year term to commence September 1, 2003; .. .. THAT the By-law marked Schedule "A" attached to Report COD-53-02 authorizing the Mayor and the Clerk to execute the necessary agreement be approved; and - THAT the funds received be credited to the Community Service Advertising Fees Revenue Account #6400-00102-0000, FORTHWITH. .. "CARRIED" Co-operative Agreement - Direct Purchase of Natural Gas Resolution #GPA-459-02 ... Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report COD-54-02 be received; .. THAT the contract extension to AE Sharp Limited be cancelled; THAT the revised proposed two (2) year contract extension with AE Sharp Limited for consulting services for the purchase of Natural Gas with unit prices of .03/GJ for year one and .04/GJ for year two attached to Report COD-54-02 be approved subject to contract terms being acceptable to the Durham Purchasing Co-operative; and ... .. -; / \ jiU ... .. G.P. & A. Minutes - - 11 - November 18, 2002 CORPORATE SERVICES DEPARTMENT CONT'D. - .. - Co-operative Tender T02-02 Domestic Fuel Oil 2002/2003 - - - .. Fair Wage Schedule - .. .. .. RFP2002-13, Consulting Services, Ontario Power Generation Inc. - .. - .. - - THAT the By-law marked Schedule "A" attached to Report COD-54-02 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Resolution #GPA-460-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report COD-55-02 be received; THAT Shell Canada Products with a net unit price in the amount of $.3778 per litre (including GST), meeting all terms, conditions and specifications of the Co-operative Tender T02-20 be awarded the contract to supply and deliver NO.2 Domestic Fuel Oil to the Municipality of Clarington for the 2002/2003 winter season; and THAT the funds expended be drawn from the 2002/2003 budget allocation for heating of facilities. "CARRIED" Resolution #GPA-461-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report COD-56-02 be received for information; and THAT Council confirm its current practice of not utilizing a "Fair Wage Policy". "CARRIED" Resolution #GPA-462-02 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Report COD-57-02 be received; THAT IER Planning, Research and Management Services, Concord, Ontario with a total bid in the approximate amount of $73,427.50 (plus G.S.T.), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP2002-13, be awarded the contract for the Ontario Power Generation Inc., Used Dry Fuel Storage Facility, Environmental Assessment, as required by the Planning Services Department; THAT the total funds required be drawn from account #1100-00037-X Ontario Power Generation Environmental Assessment; and THAT the By-law marked Schedule "A" attached to Report COD-57 -02 authorizing the Mayor and the Clerk to execute the necessary agreement be approved, FORTHWITH. "CARRIED" 7 ~ . .J ( G.P. & A. Minutes - 12 - November 18,2002 - FINANCE DEPARTMENT Revision to the Resolution #GPA-463-02 Municipal Investment Policy Moved by Councillor Schell, seconded by Councillor MacArthur .. .. THAT Report FND-017-02 be received; THAT the long-term investment limit be increased to $30 million and that Schedule "A" Part 4 attached to Report FND-017-02 be updated to reflect this increase; and ... THAT Schedule "B" Part 5 attached to Report FN D-O 17 -02 be updated to read a quarterly statement of investments outstanding shall be submitted to Municipal Council. ... "CARRIED" .. Appointment of Auditors Resolution #GPA-464-02 .. Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report FND-018-02 be received; .. THAT the firm of Deloitte and Touche be appointed as the Municipality's auditors for the 2002 year end audit; and .. THAT the by-law attached to Report FND-018-02 be executed by the Clerk and Mayor. "CARRIED" .. Cash Activity Report - Third Quarter 2002 Resolution #GPA-465-02 .. Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report FND-019-02 be received; .. THAT in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal Act, R.S.O. 1990, the Treasurer reports the cash position of the Municipality of Clarington for the third quarter of the year 2002, as shown on the schedule attached to Report FND-019-02; and .... THAT Part "A" of the expenditures for the third quarter of the year be confirmed. .. "CARRIED" .. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no items considered under this section of the agenda. ... ... 3 i L ... ... .. G.P. & A. Minutes - UNFINISHED BUSINESS - Appointment to Community Advisory Committee - - - - Delegation of Linda Gasser - ... .. Confidential Legal Matter - - OTHER BUSINESS ... ADJOURNMENT .. .. .. - - - - 13 - November 18, 2002 Resolution #GPA-466-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT the correspondence dated November 8,2002 from Doug Allingham, Consultant Project Manager, Totten Sims Hubicki, requesting the municipality's appointment to a Community Advisory Committee for e the Highway 407 East Completion be received; THAT Linda Gasser be appointed to represent the Municipality of Clarington on this Committee; and THAT Doug Allingham be advised of Council's decision, FORTHWITH. "CARRIED" Resolution #GPA-467-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT the delegation of Linda Gasser regarding the 407 East Completion and Environmental Assessment Process be referred to staff for preparation of a report to be submitted to Council. "CARRIED" Resolution #GPA-468-02 Moved by Councillor Rowe, seconded by Councillor Robinson THAT the meeting be "closed" for the purpose of addressing a legal matter. "CARRIED" There were no items considered under this section of the agenda. Resolution #GPA-469-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT the meeting adjourn at 12:02 p.m. "CARRIED" MAYOR 31 :; MUNICIPAL CLERK ... .. - .. ... .. .. ... 11II# .. .. .. .. - ... .. .. .. ... .. - - - - - - .. - - .. - .. .. - - - - .. ClNilJgtnn PUBLIC MEETING REPORT # P8D-122-02 8T ANTHONY OF PADUA PARISH CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I Development Applicatio~ by: ST. ANTHONY OF PADUA PARISH PLANNING FILE NOS.: ZBA 2002-034; SPA2002-047 AN APPLICATION TO AMEND THE CLARINGTON ZONING BYUW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed zoning application submitted by Dickinson & Hicks Architects on behalf of St. Anthony of Padua Parish would permit a 1798 m place of worship and a manse. The subject property is located in Part Lot 26, Concession 2, former Township of Darlington at 1862 Bloor Street. PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, December 2, 2002 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanvllle, Ontario ANY PER~ON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday December 9, 2002, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, December 4. 2002 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the approval of the Zoning By-law Amendment, you must submit a written request to the Clerl<'s Department, 200 Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Susan Ashton at (905) 623-3379 extension 218 or bye-mail atsashton@municipality.clarington.on.ca APPEAL . If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions' before the proposed Zoning By-law Amendment is approved, tt)e Ontario Municipal Board may dismiss all or part of the appeal. Dated at the Municipality of Clarington this 29th day of October 2002. 40 Temperance Street Bowmanvllle, Ontario L1C 3A6 501 Da Crome Director of Planning Services Municipality of Clarington Lot 26 \ I! ,I i l".""'~ ~~ i..... 1_'''.......... I] t" . ,I ' I ." .:' ~ it'" ~ ~:~r[_D_~.ITl~! -~2~~lJT rJlTJJ1Jll~~-lIFC:?-~_~~~",~.- -: .--~ ( ~ t. ::-~' ':',P. '~~.~~ ~..,,~D "" !, :( _ ,I Iii' ,,\ 11 ~. --' ._...~~ -.- ... li_- ,,'.~, ... _, _. l' _. ___ ____ --;.,...c ... il i ... .-- j--. - - u_ >;' ~_\ II ~ ~I t~ ....j c; "1'1 ~ ~! .-~ .~-:-_- 0 ~: !1: n 0::1.; .-1 }:, 'I i ~ .. " Ii ~!; - \: \ ~ U::'. ~--..~ ,1.0:, ~ .~. .. ~~~~~~~~~--~--~----~- } { \ "c( ...... 1---i {i/ il :J: -J ~~--~ , ,(: 'I '. i !1:_r~~;_'"2;mt f .1 ~""'---==- : t. ,\ 11 - _L,-~ I t- -~- 'II ~ ~-: J ~ ,I ... .' ( 1 t (..~';a~'::::::"_~---------..r -~J .' '.:, . ., . __ ,'., t-. . \,-.../~"""'--"-~~' - r- .. ~- -.--'-'--~- ---~.~-:-~:-~~.~- =~----------~~-~::-~-~--=-~-==~--~-~.:- .-,: <':."'" - no -u-------------~t h_' 1 - . ---.... --___.____________________________BLOOR STREEI_____-r-___m____.__-!~:'~-:: __ =-~._~-=- -_=:.===--:"-==--=_-====-~==~:=___==__=__==--L_-=---==--=--==_=___==_==#~= .. N C o - . . CD () C o (.) ~ ::. ..J Darlington Key Map lot Lot 25 If' .. ZBA 2002-034 and SPA 2002-046 . Zoning By-law Amendment and Site Plan Application N C o 'ij V) lD U C o (,) ~ ~ :J o CII Owner: Roman Catholic Episcopal Corp for the Diocese of Peterborough On. BLOOR STREET II 502 ... .. ... ... .. .. .. .. .. .. ... .. J "", ... .. .. - ... .. - .- Clw:il1gfOn REPORT PLANNING SERVICES .. - PUBLIC MEETING .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 2,2002 - Report #: PSD-122-02 File #: ZBA 2002-034 By-law #: - Subject: ST. ANTHONY OF PADUA PARISH APPLICANT: DICKINSON & HICKS ARCHITECTS INC. - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-122-02 be received; .. 2. THAT the rezoning application submitted by Dickinson & Hicks Architects Inc. on behalf of St. Anthony of Padua Parish, be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and - - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: D id . Crome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed bY:O.<-.et~~ (~ Franklin Wu Chief Administrative Officer - .. SA*L T*DJC*df 14 November 2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 .. 601 - REPORT NO.: PsD-122-02 PAGE 2 ... 1.0 APPLICATION DETAILS lIIII. 1.1 Applicant: Dickinson & Hicks Architects Inc. (Ivan Dickinson) 1.2 Owner: St. Anthony of Padua Parish .. 1.3 Rezoning: To rezone the subject lands from the "Agricultural (A) Zone" to an appropriate zone to permit the construction of a 1798 ... m2 place of worship and a manse. 1.4 Site Area: 2.78 ha .. 2.0 LOCATION 2.1 The subject lands are located at 1862 Bloor Street (Attachment 1). The property is contained within Part Lot 26, Concession 2, in the former Township of Darlington .. ... .. 3.0 BACKGROUND 3.1 On October 22, 2002, Ivan Dickinson of Dickinson Hicks Architects Inc., on behalf of St. Anthony of Padua Parish, submitted an application to the Municipality of Clarington to rezone the subject lot at 1862 Bloor Street to permit the construction of a 1798 m2 place of worship and a manse. .. .. .. 3.2 The owner's intent is to construct a place of worship initially, containing the church, two classrooms, chapel, offices and a related parking area, and eventually a manse. .. ..i. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property contains an existing single detached dwelling and a detached garage. The subject lot has frontage and access to Bloor Street currently. The proposed place of worship will have access only from Hancock Road. .. - .. .. .. 6(\ ') u[ .. .. REPORT NO.: PSD-122-02 PAGE 3 .. 4.2 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the subject lands "General Agricultural Area". The existing residential use conforms with the policies of the Regional Official Plan. Comments from the Regional Planning Department have not been received at this time, thus conformity of the proposed development has not been confirmed. .. .. - - .. - Surrounding Uses: East - North - West - South - Rural residential Rural residential Rural residential Rural residential 5.2 The Clarington Official Plan designates the subject lands "General Agricultural Exception" and "Environmental Protection Area". At the time of the preparation of the Official Plan, an exception was incorporated to allow a place of worship at the northeast corner of Bloor Street and Hancock Road. The proposed rezoning conforms with the policies of the Clarington Official. - - - 6.0 - 6.1 .. 7.0 .. 7.1 - 7.2 - - - - ZONING BY-LAW CONFORMITY The subject lands are currently zoned "Agricultural (A). A new place of worship is not permitted, thus the need for the rezoning application. PUBLIC NOTICE AND SUBMISSION Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. As of the writing of this report, one inquiry has been received regarding this application. 603 REPORT NO.: PsD-122-02 PAGE 4 ... 8.0 AGENCY COMMENTS ... 8.1 The Clarington Building Division has indicated they have no objection to this development proposal providing all site plan concerns are addressed through the ... site plan approval process. ... 8.2 Clarington Emergency Services, Regional Police Services and Bell Canada have no concerns with the proposed place of worship at this location. ... 8.3 Comments remain outstanding from the Regional Planning Department, Regional 11IM Health Department, Regional Works Department, Central Lake Ontario Conservation, Clarington Engineering Services, Canada Post, Ministry of ... Transportation and Hydro One Networks Inc. - 9.0 COMMENTS 9.1 The applicant is proposing to construct a 1987 m2 (21,383 fe) place of worship. The drawings indicate it will be a single storey building containing the main church, two smaller chapels, a gift shop, two classrooms, gathering room and associated church offices. In the future, a manse (rectory) will also be constructed as a separate building. .. .. .. 9.2 The applicant has also concurrently submitted an application for site plan approval (SPA 2002/047), indicating number and location of parking spaces, landscaping, signage and entrance location. .... 11IIII 9.3 The applicant has provided a detailed storm water management plan reviewing both storm water quality and quantity, from Marshall Macklin Monaghan. Central Lake Ontario Conservation, Clarington Planning Services and Engineering Services Departments will review this Plan. .. - .. 9.4 An Environmental Impact Study (EIS) is generally required for development occurring within 50 metres of top-of-bank for cold water streams. An on-site .. .. 6n 4" J' ... - REPORT NO.: PsD-122-02 PAGE 5 - meeting with Central Lake Ontario Conservation, Clarington Planning, Marshall, Macklin, Monaghan Consultants and the owner was conducted to visually assess the Tooley Creek tributary. The tributary was dry and there is no discernible creek bed or creek banks. The site plan for this property indicates that development will generally occur on the western portion of the property, a minimum of 41 metres from established tree line. Any EIS for this site would be scoped in nature to review storm water management. Given that stormwater management issues will be addressed by other means, staff do no believe that an EIS is required at this time. - - - .. - ... 9.5 In accordance with the Municipality's practice, through the site plan process, the future dedication of the tributary lands will be secured. In this case, it is recommended that the Municipality should leave the tributary lands under the Church's ownership and stewardship until such time as additional lands in this area are secured. As there is no discernible creek bank (or top-of-bank), the land dedication shall include lands from the eastern property limits to 5 metres west of the drip line of the established tree line. - - - 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting - under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for .. further processing and the preparation of a subsequent report. - .. Attachments: Attachment 1 - Key Map Interested parties to be advised of Council's decision: - John and Marlene Waters 1882 Bloor Street Bowmanville, ON L 1 C 3K3 - - 6'.' r- , ' 'I 'J J - 11 ,I 11 ,I Ii . 'I Ii \i ,1 l' ,1 \1 '1 h ,. i .1\0;' ji c(!.~' .10: . \1 D:lr,: '1 i Ii ~:;> 'i 0:' \'10:" . . ~ Ii 0 " z \1 c( 1\ :J: '1 Ii Ii 'I Ii \1 ,I J1 -- 1 , . 1'" =hL~-; . _~.=h:_::=:_m__B~O~~ S:~~.~~.:l~:::~~~;'~~.;-~=f:~ N C o 'jjj CII Cll () C o U ATTACHMENT 1 Lot 26 \ , ., ..'-'. ~..~~ ;.... . ,- ,.~ #'.... ~ . . . .' I i .-)..\ \ , I ( \ \ '!~ \ I ';-: I tt ."...... I~: ;~ ~ .\, Ili.;.1 , .:. \~ ~ . ~ ..' I ~ I ~~ I ~~r ~I ~\ I " :1\ fl .., i\' ..--I ';, ltllc;a , - \: \ \ t" " , N C o -- fI) fI) CD Co) C o o , If;. '. '; ::,rr\";H\"'Tq. "3~1.~~",;'''I''I'IHI''ITrTT'ITITrrT:''~'::)''.~M'''"'''~'' _".... L .\...1.... rl. -dL.. J ..~~\ I.. 1....1- .1 .' . ..C/ :"~ , ;~~"T': .'-~'.~'~.~--' -=--~~~ .- -"-'-"i --...,..... : I"" /1 -_. . . .. t21' O:_~h':: ..... ,."......._.... ." \f".~ ..', . '.'" I I" ". '\ ~2-'r ~-=- .' ._- .~:..:. t~ .-' .~.'"~~ ~.~ ..... -:......,: '. '-'._ I ._. . };' \ \ ;'. -l Darlington Key Map Lot 25 ZBA 2002-034 and SPA 2002-046 Zoning By-law Amendment and Site Plan Application ~ o 0:: <( z :J o III Owner: Roman Catholic Episcopal Corp for the Diocese of Peterborough On. BLOOR STREET 1\ b'" ,> jO .. .. - .. .. .. ... .. '11I/I ... .. - 4 .. ... .... ... .. .. - ... "CI~mglOn REPORT - PLANNING SERVICES .. Meeting: .. Date: Report #: - .. Subject: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, December 2, 2002 PSD-123-03 File #: ZBA 2002-029, SPA 2002-042 By-law #: REZONING AND SITE PLAN APPLICATIONS APPLICANT: 1413350 ONTARIO LIMITED - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-123 -02 be received; 2. THAT the rezoning application submitted 1413350 Ontario Limited be APPROVED and the By-law be passed as contained in Attachment 2; and, .. 3. THAT all interested parties listed in this report, any delegation, and the Regional Municipality of Durham Planning Department be advised of Council's decision. - - .. - Submitted by: David . Crome, MCIP, R.P.P. Director of Planning Services (] .~ -=.. () J '-.. Reviewed by: '-''-.J k Franklin Wu, Chief Administrative Officer - RH*DJC*sn Nov. 22,2002 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 An7 - ." REPORT NO.: PsD-123-02 PAGE 2 ... 1. APPLICATION DETAILS 1.1 Applicant: 1413350 Ontario Limited .. 1.2 Rezoning: To rezone the property from "Hamlet Commercial (C3) Zone" to permit the development of a drive-through facility with an existing eating establishment. .... 1.3 Site Area: 0.29 hectares (0.72 acres) ... 2. LOCATION ... 2.1 The subject property's address is 1648 Taunton Road, which is located at the northwest corner of Taunton Road and Enfield Road in Mitchell Corners (See Attachment 1). The land holdings under consideration total 0.29 hectares (0.72 ac). The property is located within Part Lot 31, Concession 5, in the former Township of Darlington. .", .. filii 3. BACKGROUND 3.1 On September 20, 2002, 1413350 Ontario Limited submitted rezoning and site plan applications to permit the development of a drive-through facility for an existing eating establishment as shown on Attachment 1. The development would consist of minor building extensions at the rear. ... """ ... 3.2 The applicant, under site plan application SPA 2000-015, received approval on August 25, 2000 for a 204 m2 westward extension to the existing development. In order to accommodate the drive-through aisle, the current site plan application proposes to delete this approved expansion. .. ... .. 3.3 At a public meeting held for this application on November 4, 2002, no one appeared either in support of or in opposition to the proposal. The applicant did not make a formal presentation at the meeting. .. .. .. 608 WIll ..... REPORT NO.: PSD-123-02 PAGE 3 .. 3.4 After the public meeting, an area resident had raised concerns over patrons parking _ their vehicles and trucks on the side of Enfield Road while patronizing the coffee shop. This issue will be discussed in Section 8 of this report. - 4. SITE CHARACTERISTICS AND SURROUNDING USES .. 4.1 The front of the lands slope towards Taunton Road while the rear of the site drains towards Enfield Road. The septic system is located in the northwest corner of the site. ... 4.2 Surrounding Uses: .. - East: North: West: South: Hamlet residential Vacant land Hamlet residential Gas station and hamlet residential - 5. .. 5.1 .. OFFICIAL PLAN POLICIES - The subject property is situated in "Mitchell Corners", a designated hamlet in the Durham Regional Official Plan. The Clarington Official Plan designates the property as "Hamlet Residential". Limited commercial development serving the local area is permitted. The application conforms to the policies of both Official Plans. - 6. ZONING BY-LAW CONFORMITY - 6.1 The lands subject to the application are currently zoned "Hamlet Commercial (C3) Zone". In order to permit a drive- through facility, a rezoning application was submitted for consideration. .. .. - - 609 - REPORT NO.: PSD-123-02 PAGE 4 7. AGENCY COMMENTS 7.1 The Clarington Emergency Services Department and the Clarington Building Division have no objections to the proposal. 7.2 The Clarington Engineering Services Department has no objections to the proposal provided that the applicant submits a revised grading and drainage plan for the entire property, which details the conveyance of overland drainage flows from the site. The Building Division may require additional sanitary facilities and payment of all applicable development charges. 7.3 Through further discussions with the owner, the Durham Region Health Department now supports the application subject to the following conditions: . The seats in the coffee shop must be reduced to 16 seats. . The drive-through facility must not be located over the existing holding tank. The existing 2000 gallon holding tank must be relocated and connected to the existing septic tank so that the drive-through facility does not impact its function. 7.4 The Durham Region Public Works Department has no objections to the application. As a condition of site plan approval, a clause will be inserted into the site plan agreement indicating that the owner agrees to allow the Region to install raised concrete medians on Taunton Road and Enfield Road and restrict traffic movement on entrances to the subject lands to right-in/right-out only should they become warranted. 7.5 Central Lake Ontario Conservation has no objections provided that a site grading and drainage plan and a temporary sediment and erosion control plan is provided for site plan approval. 7.6 Comments have not been received from Hydro One Networks Inc. 610 "'" .. .. .. ... - .", ... - 'fill .... .... .. ... - .. .. - ... ... REPORT NO.: PSD-123-02 PAGE 5 - 8. - .8.1 - COMMENTS - The site plan on the key map shows that the drive-through facility could accommodate stacking for approximately 10 to 11 cars. Staff will ensure that a suitable amount of stacking is provided and that on-site traffic movement will remain functional through Site Plan approval. Changes will be necessary to the site play drawing shown on Attachment 1 to indicate a dedicated stacking lane with curbing. - - 8.2 An area resident raised concerns over patrons parking their vehicles and trucks on the shoulder of Enfield Road while patronizing the coffee shop. This causes egress problems for some property owners on Enfield Road. Although this creates an imposition to these residents, this is an off-site issue that should be addressed through enforcement. Through site plan approval, Staff will ensure that sufficient on-site parking is available. The applicant will be required to install signage on the property requesting patrons not to park on Taunton or Enfield Roads. This will be inserted in the Site Plan Agreement. .. - - - 8.3 Both of the property's two road frontages are under the jurisdiction of Durham Region. The Region was initially concerned over potential access issues with additional traffic movements from the drive-through facility, both at the intersection of Taunton and Enfield Roads as well as at the property entrances. The Region will install raised concrete medians on Taunton Road and Enfield Road to restrict traffic movement on entrances to the subject lands to right-in/right-out only, should the operation of the drive- through facility warrant such measures. As a condition of approval, the Region will require that a clause be inserted into the site plan agreement indicating that the owner agrees to allow the Region to install the necessary improvements to rectify traffic issues resulting from the drive-through facility. - - - - - - - I' 1 bl - .." REPORT NO.: PSD-123-02 PAGE 6 .. 9. CONCLUSIONS .. 9.1 Given the favourable agency comments and lack of any major objections raised to the proposal, Staff respectfully recommend that the proposed rezoning application be approved and the by-law passed as contained in Attachment 2. The applicant will be required to fulfil the requirements of site plan approval prior to construction of the drive- through facility. This will include the removal of seats from the restaurant to meet the approvals granted by the Durham Health Department. ."" ."" .. Attachments: .. Attachment 1 - Attachment 2 - Key Map Zoning By-law Amendment ... Interested parties to be notified of Council and Committee's decision: .. Dave Bortolazzo 1413350 Ontario Limited 1648 Taunton Road HAMPTON, Ontario LOB 1 JO ... ... Pat Fisher 5045 Enfield Road R.R. #1 HAMPTON, Ontario LOB 1 JO .. .. tIIIlI .. ... .... .. 612 ... ATT ACHMEf\H 1 ... .......... - ~.2lIO '!!_ - , I I , \ , r . " ....... /', ...'" '.... "'^.... '---' -J-~ ,- - ~ , _.- .r")i ~ " 'v " , , , , , \ \ I I I I , , " \./ --, I I , , I I -~~ "10_ I I I I I -.J It 10 ""'- 11 Ie 19 20 E ^ ... - _. UNllQft 16P11 (YA "JDOJIOt ) , ~ - /j ~ .. CW) Q ~ :== 0: -- I -,-J ~~ iO i j - 'e" I /w !~ ! E - .. - - .t ~ _.-"- _.,...-\ =~"r("A. r: ., ,,'cI-) ~~,~ e ,,,, .... 1 10 ~ Cl. ~ 12 It M Q ~ 0: Q ..J W - I.L Z W - f " .t ., ., I ., , ^ 34.634 m "028 m _.LM>.lOftI6Rl! "n. OOCXlIOO) fr. .. TAUNTON ROAD rJ ... - Mitchell Comers Key Map ~ TAUNTON ROAD o D:: - - I ZBA 2002-029 and SPA 2002-042 Zoning By-law and Site Plan Amendment. 1YlER STREET ... Owner: 1413350 Ontario Limited - b - ATTACHME~n 2 .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .... BY-LAW NUMBER 2001- being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By- Law for the Corporation of the Municipality of Clarington .. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with applications ZBA 2002-029 to permit the development of a drive-through with an existing eating establishment; .. .. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: .. 1. Section 18.4 "SPECIAL EXCEPTIONS - HAMLET COMMERCIAL (C3) ZONE" is hereby amended by introducing a new Subsection 18.4.8 as follows: .. "18.4.8 HAMLET COMMERCIAL EXCEPTION (C3-8) ZONE Notwithstanding Section 18.1, those lands zoned C3-8 on the Schedules attached to this By-law may also be used for an eating establishment with a vehicular drive- through service." .. , .. 2. Schedule "6" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: ... "Hamlet Commercial (C3) Zone" to "Hamlet Commercial Exception (C3-8) Zone" as shown on the attached Schedule "An hereto. ... 3. Schedule "An attached hereto shall form part of this 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, R.S.O. 1990. .. .... By-Law read a first time this day of 2002. By-Law read a second time this day of 2002. .. By-Law read a third time and finally passed this day of 2002. .. John Mutton, Mayor .... .... Patti L. Barrie, Municipal Clerk .. 614 .. This is Schedule "A" to By-law 2002- , passed this day of , 2002 A.D. - - - - - 10 N .... - cD 10 - - ,., c:o ~ ~ ~ ~ ~~ ~~ ~~ ~~ ~~ ~~ ~ ~ ~ 36.634 8.028 TAUNTON ROAO (OURHAM REGIONAL ROAO 4) ~ Zoning Change From "C3" To "C3-8" - - .., - .. - - .., - ... ... ... - - - .. - .. ... .. ... - -Cl!J!mglOn REPORT - PLANNING SERVICES - Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, December 2, 2002 PSD-124-02 File #: 002-001 By-law #: APPLICATION FOR OFFICIAL PLAN AMENDMENT AND ZONING BY -LAW AMENDMENT WITHIN THE MUNICIPALITY OF PORT HOPE APPLICANT - TUCKER CREEK LIMITED - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-124-02 be received; - 2. THAT Report PSD-124-02 be adopted as the Municipality of Clarington's initial comments with respect to the proposed official plan amendment and zoning by-law amendment applications within the Municipality of Port Hope referred to as Tucker Creek (Port Hope File # 2.G.16); - - 3. THAT the Municipality of Port Hope be required continue to keep the Municipality of Clarington appraised with respect to this application and that all Council decisions with respect to this development be forwarded to the Municipality of Clarington; and - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - G~~e~ Submitted by: David . Crome, M.C.I.P., R.P.P. Reviewed by: Franklin Wu, Directorof Planning Services Chief Administrative Officer - - HB*DJC*sh November 27, 2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 615 - REPORT NO.: PsD-124-02 PAGE 2 1.0 BACKGROUND 1.1 On July 22, 2002, the Municipality of Clarington received correspondence from the Municipality of Port Hope detailing a proposed development of a new adult lifestyle community. This development proposes 1569 residential units, 110 long term care/assisted living units, an 18 hole golf course and 1,500 - 3,700 sq. metres of retail to be located on 270 ha of land on Port Hope's border with Clarington (Attachment 1). 1.2 Although not all details of development were formalized such as servicing options and land tenure, the Municipality of Port Hope agreed to circulate this application to receive initial agency comments. A public meeting in accordance with the Planning Act has been scheduled for Thursday December 12th, 2002. Some landowners within Clarington will receive notice of the public meeting as their properties lie within 120 metres of the subject lands. 2.0 EXISTING AND SURROUNDING USES 2.1 The subject lands are predominantly agricultural with some areas being forested. A portion of the lands have approval for 250 residential units. By way of comparison the proposed population is approximately three times the size of Orono and twice the size of Wilmot Creek lifestyle community at build-out. The predominant use of lands Within Clarington that abut this proposal are agricultural. They are designated "Prime Agricultural Area" and "Environmental Protection" within the Clarington Official Plan and are zoned "Agriculture Exception (A-1)". In Clarington these designations do not support the proposed development. The southern portion of the subject lands is located approximately 1.5 km to the northeast of the existing Port Granby Low Level Radioactive Waste Management Facility. 3.0 DEPARTMENTAL COMMENTS 3.1 This application has been reviewed to determine if approval of this application would have any implications on the Municipality of Clarington. A copy of the development application and supporting studies was forwarded to Emergency Services and Engineering Services for comment. Clarington Operations also received a copy of the application for information purposes. 616 ... ... ... ... ... ... - ... .. .. .. - - .. - ... ... .. ... - REPORT NO.: PsD-124-02 PAGE 3 - - 3.2 It was identified by Emergency Services that the Municipality of Port Hope is serviced by a volunteer fire fighting unit and it was noted that in a major fire situation, they may call on the Municipality of Clarington for support. If the Tucker Creek proposal is to utilize private water for fire fighting purposes, then the Municipality of Clarington may be called upon to provide tanker services. This may require entering into a mutual aid agreement with the Municipality of Port Hope. - - - - 3.3 Engineering Services notes that the Transportation Assessment provided by the applicant does not assess impact on Clarington roads and that further evaluation of access along Newtonville Road, Concession Road 1 and East Townline Road is required. Having reviewed the terms of reference for a traffic impact study prepared by the Ministry of Transportation, Staff anticipate that the Municipality's concerns will be addressed in this study. - - - 4.0 STAFF COMMENTS 4.1 This development application for amendment to the Municipality of Port Hope Official Plan and the zoning by-law proposes the creation of 1679 residential units on 270 ha of land. The size and extent of this proposal far exceeds the typical "golf course/lifestyle community" development. It is, in essence a new urban area of Tucker Creek. - - .. 4.2 The creation of a new urban area shall be substantiated by detailed examination and justification for need, population growth, desirable density, parameters for servicing and infrastructure development, transportation network, community facilities, retail and employment opportunities, adjacent land uses, and a vision. This new urban area, is comprised of predominantly residential land uses. There are no employment areas planned, no facilities such as libraries, schools, places of worship provided. - .. - 4.3 The limits of any new urban area should be defined by natural land boundaries and features as these provide excellent delineation between land uses. The limits of this new urban area are based solely on property ownership and not on natural land boundaries and features. No study of how this development will impact the adjacent lands has - - 61l - REPORT NO.: PsD-124-02 PAGE 4 been prepared including identifying potential development pressures that may be experienced, compatibility with existing or future land uses, or potential transportation connections. The eastern boundary of Clarington is rural and is planned to remain rural. Growth pressures resulting from approval of this development have not been planned for, nor has the applicant satisfactorily addressed this matter. Also, a new development of this size will have a detrimental effect on Clarington's planned residential growth, resulting in the need for Clarington's growth forecasts to be readjusted, ultimately having a financial impact on the Municipality of Clarington. More consideration of impact on adjacent land uses and basic planning rationale is required. 4.4 Principles of planned growth are well documented and are practiced throughout Canada. In Ontario these principles are supported by the Provincial Policy Statement and the Smart Growth Initiative. The purpose of the Provincial Policy Statement (PPS) is to manage change and promote efficient, cost-effective development and land use patterns that stimulate economic growth, yet protect the environment and public health while ensuring the province's resources are available for future generations. Urban areas and rural settlement areas shall be the focus of growth in Ontario, and rural areas will generally remain rural. Expansion of urban areas and rural settlement areas shall only occur when there is no longer enough land to accommodate projected growth. A growth study was prepared for the Municipality of Port Hope (June 2002) that recommended all future growth occur adjacent to the current urban area of Port Hope. This growth study did not consider the development of a new urban area on the Municipality's western border. It is staffs view that this development is not in conformity with the Provincial Policy Statement. 4.5 As noted earlier, the proposed development lies in proximity to the existing Port Granby Waste Management Facility. The Municipality of Clarington has entered into an agreement with the Government of Canada for the long term safe management of the low level radioactive wastes and contaminated soils currently stored at this site, and the environmental assessment for the project is currently underway. The Municipality is concerned that the introduction of several thousand new residents into this area could 618 ... .. ... - ... .. .. .. .. ... .. .. - - .... .. .. .. .. - REPORT NO.: PsD-124-02 PAGE 5 - complicate the study process and create unnecessary obstacles to the implementation - of a long term solution for the Port Granby wastes. 4.6 The purpose of the Smart Growth Initiative is to create strong, safe, vibrant and livable communities. This shall be achieved through the implementation of principles such as managing growth in a fiscally responsible fashion including ensuring growth utilizes existing infrastructure and other resources wisely, preventing undue pressure on the environment, and steering growth pressure away from significant agricultural lands and natural areas. This development proposal, if approved, will result in the creation of a new urban area removing agricultural land from productivity and requiring new servicing and new infrastructure. - - - - - - 4.7 As an adjacent Municipality, we review the Town of Port Hope Official Plan when a comprehensive review is undertaken. During review of such document, implications and impacts on Clarington are assessed and preparation can begin for dealing with any growth or variances in land uses. The last review of the Township of Hope Official Plan was completed in 2000 and the Plan did not anticipate urban development of these lands. Very recently, the Municipality of Clarington has been advised that the Municipality of Port Hope is initiating review of their Official Plan. .. - - - 5.0 CONCLUSION 5.1 Municipal staff reviewed the general principle of the development proposed by this application The details of the application or the background studies have not been analyzed. In our view this development is not qesirable and it does not meet the intent of the PPS or Smart Growth Initiative. The development of this new urban area will potentially draw away from planned growth within established urban areas and rural settlements in both Clarington and Port Hope. It will create the need for a new servicing infrastructure. It will place undesired growth pressures on agricultural lands along the east boundary of Clarington. Further assessment is required as to potential implications of additional traffic volumes on Clarington's roads and a mutual aid agreement for provision of emergency services may be required. - - - - - 61q I / - .. REPORT NO.: PsD-124-02 PAGE 6 .. 5.2 It is requested that the Municipality of Port Hope continue to keep the Municipality of Clarington informed with respect to this application and that any decisions made by the Municipality of Port Hope Council on this application be forwarded to the Municipality of Clarington. .... ... Attachments: .. Attachment 1 - Site Map Attachment 2 - Master Plan Concept .. Interested parties to be advised of Council's decision: .. Clerk, Municipality of Port Hope 56 Queen Street P.O. Box 117 Port Hope, On L 1 A 3V9 Warren Sorensen Sorensen Gravely Lowes 511 Davenport Road Toronto M4V 1 B8 - ... .. Scott Burns The Planning Partnership 1255 Bay Street Suite 201 Toronto M5R 2A9 Joanne Wells-Oates Tucker Creek Limited 156 King Street Port Hope L 1A 2R5 ... .. .. .. .. .. ... 620 .. ... 1 .. ATT ACHMENT 1 - - a!{ I I .... I c: .... .. ~ Q) e \) 0 u :::s Q. ~ - . .... ._. I ~. O. CU- .. "t).~,.c: c-. (1)~Q ). ~ Cl)C1)1'- - OQ~ . :t . ~ :t Q.~ e Q) p - a.. e .: (,) , I I .. I .3dOH :iO dIHSNMO.L ---- - - - - - - - - \ - . . . ... - - L ,) 1 ATTACHMENT 2 ---.-.-. ._- -.-. .. .... .... ... IIIIl .. .. - - .., .. ... .. .. ." Tucker Creek r _ o 10 100 200 300 I "" Municipality of Port Hope MASTER PLAN CONCEPT o .. scale 1 :2500 .. The Plennlng Partne."hlp . Cosburn Patte."on Mathar . LGL Limited. Poulos + Chung' D.R. Pou~on & Assoclatas . Sylvastor & Brown. Tholllas McBroom Associates LId . Hunt Design Associates Inc Valcoustics Canada Ltd . Osler Hoskin & Harcourt. Clayton Research' Clark Consulting Services' Aquafor Beech. HllI & Knowtton . AMEC Earth end Environmental Ltd. f r-. " OLL ." ... - Cl~mgton REPORT PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, December 2,2002 - Report #: PSD-125-02 File #: ZBA 2002-031 Related File: SPA 2002-025 By-law #: - Subject: REZONING APPLICATION - TEMPORARY USE APPLICANT: GREAT CANADIAN TOWN BAND FESTIVAL - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-125-02 be received; 2. THAT the rezoning application submitted by David Climenhage on behalf of the Great Canadian Town Band Festival be APPROVED and the by-law passed as contained in Attachment 2; and - ... 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - - Submitted by: Reviewed by:lJ ~ D.J-1-c, D vi . Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer - - AR*L T*DJC*sh November 21,2002 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905- 623-0830 - 623 REPORT NO.: PsD-125-02 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: David Climenhage on behalf of the Great Canadian Town Band Festival Armand and Yvon Young in Trust To rezone the property from "Agricultural (A) Zone" to an appropriate zoning category to permit an annual band festival, for a maximum of three years. 46 hectares (113.7 acres) 1.2 1.3 Owner: Rezoning: 1.4 Site Area: 2.0 LOCATION 2.1 The property under consideration is located at 120 Princess Street and 3426 Concession Road 5 in Orono (see Attachment 1). The subject property is located within Part Lots 29 and 30, Concession 5, in the former Township of Clarke. 3.0 BACKGROUND 3.1 The Great Canadian Town Band Festival has been holding its annual weekend festival each year in June since 2000. In Spring 2002, the Festival requested a building permit from the Municipality to erect tents. The building permit was not issued as the proposed use was not permitted within the Agricultural (A) Zone. In years past, permits were issued because the application indicated the tents were to be erected at the Orono Fairs Grounds, where such a use would be permitted. As a result, the applicant has initiated applications for temporary use zoning and site plan approval to permit the use. 3.2 The Public Meeting was held on November 4, 2002. No delegations appeared in opposition or in support of the proposal. The applicant presented concerns with comments from the Engineering Services Department. The applicant clarified the scale of the proposal and revised comments have been requested from Engineering Services. 624 ... .. .. ... ... .. ... .. ... ... .. - ... - ... - - .. .. - .. .. - - - .. - .. - .. - - .. .. - - - - REPORT NO.: PsD-125-02 PAGE 3 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands are located at the western limits of Orono. The lands were in the ownership of the Ministry of Natural Resources and were used for a tree nursery, until their closure and sale in the mid-1990's. There are numerous buildings on the site, which were related to the forestry use. The grounds also have botanical gardens with a park-like setting. 4.2 Surrounding Uses: East - Park and Orono Mill pond and dam with the Village of Orono beyond North - Seniors home and agricultural uses West - Rural residential uses and agricultural uses South - Rural residential uses and agricultural uses 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the property as "Green Space". Section 23.4.4 of the Clarington Official Plan states that a temporary use by-law may be passed to permit the use of the lands, buildings or structures on a temporary basis, for any purpose provided that the following conditions are addressed: . The use is temporary in nature. Further, the use can be removed and the site can be restored to its original condition. In this case, the music festival as proposed does not require substantial alteration to the grounds and the lands and buildings could return to their previous state. . The proposed use is compatible with the adjacent existing land use, there is minimal impact on the Natural Features and Land Characteristics identified on Map C, or satisfactory measure to mitigate any adverse impacts will be applied. Tableland Woodlots are identified on Map C and this proposal does not require any tree removal. . There will be no adverse impacts on traffic or transportation facilities or services in the area. Further, adequate access and parking are provided. Engineering Services will address some of these issues in their comments. Given the size of the site, there is a great deal of parking available. . Adequate sewage disposal and water services are available in compliance with provincial and regional standards. 625 REPORT NO.: PsD-125-02 PAGE 4 "'" · Finally, the proposal must not jeopardize the long term implementation of the .. Official Plan. 6.0 ZONING BY -LAW CONFORMITY 6.1 The lands are currently zoned "Agricultural (A) Zone". In order to permit the annual band festival, a temporary use rezoning application was submitted for Council's consideration. 7.0 AGENCY COMMENTS 7.1 Durham Region Planning, Health and Works Departments, Hydro One Networks Inc. and Ganaraska Region Conservation Authority had no objections to the application. 7.2 The Municipality's Building Division and Emergency Services Department offered no objections however noted the applicant is to obtain all necessary building permits and the access route must be sufficient for fire fighting purposes. 7.3 Clarington Engineering Services has no objections to the application based on the frequency, duration, size and attendance of previous festivals. Although visibility in both directions on Concession Road 5 at the existing entrance is limited, standards for visibility are currently being met at the posted operating speed of 50km/hr. - .. .. ... 11IIII .. .. .. - .. Should the festival increase significantly in one or more of the above noted 11IIII parameters, the entrance on Concession Road 5 will have to be re-evaluated and may result in its closure and require the provision of an alternate access to the ... property. 8.0 COMMENTS 8.1 The Zoning By-law currently contains a definition for a "Special Event" as being an event, the duration of which is temporary in nature and which is limited to one or more of the following uses: an exhibition, a fair, a carnival, a regatta, a religious or music festival, or an recreational competition". Temporary as it 626 .... - ... ... .. - - - - .JIlt - .. - - - .. - - REPORT NO.: PsD-125-02 PAGE 5 relates to events which generate noise (including a music festival) means the combined total duration of all Special Events held on one property shall not exceed there (3) days in a calendar year. This has been the duration of the annual weekend festival in the past. 8.2 The applicant has indicated that there is reason to suspect that the lands may be contaminated. The Province undertook to clean-up a buried fuel tank in the vicinity of the parking area located immediately south of the building shown on the site plan for storage of festival equipment. Although the Province provided a clean bill of health on the lands when they were sold into private ownership, concerns arose after the sale. The Province was requested to return to the property to address the possible contamination. Staff has requested as a condition of site plan approval, that prior to the opening of the next festival, a record of site condition is to be provided to the Municipality indicating that the contamination on-site has been removed. 8.3 As the application is to recognize a use that would be temporary in nature, taking place no more than three (3) days out of the calendar year, the temporary use by-law proposed (Attachment 3) would permit the festival to take place within the context of a Special Event as defined in the Municipality's Zoning By-law. .. 8.4 - 9.0 ... 9.1 - - .. Approval of a temporary use by-law provides the Municipality the opportunity to re-examine the conditions of approval as required in the Official Plan. Staff has proposed that the by-law amendment be in force for a three (3) year period. It is staffs opinion, given the scale and temporary nature of the use, additional background studies or development applications are not required at this time. CONCLUSIONS Staff respectfully recommends that the proposed rezoning application be approved and the by-law amendment (Attachment 3) attached hereto be APPROVED. 627 REPORT NO.: PsD-125-02 PAGE 6 .. Attachments: Attachment 1 - Key Map Attachment 2 - Site Plan Attachment 3 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Armond and Yvon Young David Climenhage 120 Princess Street Great Canadian Town Band Festival ORONO, ON LOB 1 MO PO Box 337 ORONO, ON LOB 1MO 628 ... - IIIiI ... ... IIIiI .. ~' .., .JIll .- - ... JIll .... ... ... .. .. ... ATTACHMENT 1 - LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 ~~SfJ:1T. ' =~~ -:.-J /L l~ F= q/fu L f /1-.;1 '7-- _ //2l!!1J L -.; 'p;;jj VJJJ ~ "~ ~~ \ - ~TATION! ~ r Sf. ~ til~ \I r / ~~ ~ Rt. 0 ~ ~ I I r-: I /1 ~ " :roI ~ '- ::M R l :c I .I) ~ ./ '/~ ~I- ='II r0~ ~ /////'/ '~'l".I? '~ ""'-Jc 6~~ '///' // I~ II _ 1/ 411 n - [) c..~ ~ I ~/~ ~ ./, ./ =~ ~t1 ~ / / ~ gr;I~=~1 o '/ ~/~// '/ ./ ~ r-~ E3Jj I~~'/ /" ~ g ~ ~ ~ ~ ~1 ~EE ~ CONCESSION RdtQJ5 ~;I1fB rw II I' V 1 (f) z a:~ --.J - - I - V - L--- ... ~ L{) z o (/) (/) w u z o u lO Cl <{ o 0::: ~ ~ " lO t") ~ ~ :I: C> :I: - - \ 0m .. .. - .q- z o (/) (/) w o _z o o I.t) ..... ..... ~ Iv) f Cl <{ o 0::: 0::: <{ :::> o (f) - - - .. PI L I ~ .. n - - ~ Subject Site 3426 Concession Orono Key Map Road 5/120 Princess Street, Orono ZBA 2002-021 - 6i ''-j ... .. ATTACHMENT 2 ..., .. .. .. .. .. ... .., "" ." .. ... ... "" .- till ;:; .. The Great Canadian Town Band Festival 3426 Concession Road 5/120 Princess Street, Orono ZBA 2002-021 63 OSPA 2002-025 .. ATT ACHMEI'H 3 .. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- . being a By-Law to amend By-Law 84-63, the Comprehensive By-Law for the Corporation of the Municipality of Clarington .. WHEREAS the Council of the Corporation of the Municipality of Clarlngton deems It advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 2002-021 to permit the development of an annual music festival. . - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" is hereby amended by adding the following new Subsection 6.4.69 as follows: .. "6.4.69 AGRICULTURAL EXCEPTION (A-69) ZONE Notwithstanding Sections 6.1, 6.2, and 6.3, those lands zoned "A-69" on the Schedules to this By-law shall in addition to the other uses permitted in the "Agricultural (A) Zone", be used for a music festival within the context of a Special Event as defined in Section 2 of this By-law. ..... Pursuant to the requirements of Section 39 of the Planning Act, 1990, this use may be permitted for a period of three (3) years, ending December 9, 2005." .... 2. ... 3. 4. - Schedule "2" to By-Law 84-63, as amended is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A-69) Zone" as shown on the attached Schedule "A" hereto. Schedule "A" attached hereto shall form part of the By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 39 of the Planning Act. R.S.O. 1990. - By-Law read a third time and finally passed this day of day of day of 2002. By-Law read a first time this By-Law read a second time this 2002. .. 2002. .,., John Mutton, Mayor .. .. Patti L. Barrie, Municipal Clerk - 1--,1 bjl - This is Schedule "A" to By-law 2002- , passed this day of , 2002 A.D. P'7771 ZONING CHANGE FROM ~ "A" TO "A-69" John Mutton, MlIyor Patti L. Bam., Munlclpal Clerk \ \ ORONO .. ... ... .. .. ... - .. .. ... ... ... - .. ~ .. .. - 632 rttII - -c!~Jil!glOn REPORT .. PLANNING SERVICES - Meeting: .. Date: - Report #: It'" Subject: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday,Oecember2,2002 PSD-126-02 File #: A2002/066, A2002/068 & A2002/069 By-law #: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 21, 2002 - RECOMMENDATIONS: .... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSO-126-02 be received; and 2. THAT Council concurs with decisions of the Committee of Adjustment made on November 21, 2002 for applications A2002/066, A2002/068, and A2002/069 and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. - - - ... Submitted by: Oavi . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: vi) v~~C,--::.- (.0~ Franklin Wu, Chief Administrative Officer - .. SA*OJC*sn November 22, 2002 - .... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 .. ( 7 / h '.) ') .. REPORT NO.: PsD-126-02 PAGE 2 1. - All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are detailed below. ... .... DECISIONS OF COMMITTEE OF ADJUSTMENT FOR NOVEMBER 21,2002 ... Application Number Staff Recommendation Decision of Committee A2002/066 Approve Approved A2002/068 Table Tabled A2002/069 Approve/T able Approved/T abled ... ", ... 2. Application A2002/066 was previously tabled to the November 21, 2002 agenda as the measurements submitted on the application were incorrect. Accessory building setbacks are measured from the edge of the eaves, not the wall. Thus the actual variance applied for is 50% more than the public notice advised. A new public notice was mailed, a new sign posted and a new public hearing scheduled for November 21,2002. ... .. .. 3. Application A2002/068 was tabled to the December 5, 2002 agenda as the measurements submitted on the application were incorrect. Staff and the applicant verified the location of the property line and a new public notice was mailed, a new sign posted and a new public hearing scheduled for December 5, 2002. .. .. 4. Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment decisions is required in order to afford staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attach ments: .. ., -- III Attachment 1- Periodic Report of the Committee of Adjustment 634 .", tIIIII _ ATTACHMENT 1 - ClWil1gron ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .... FILE NO.: GIBNEY, DAREN GIBNEY, DAREN 30 POOL TON CR." COURTICE PART LOT 31, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2002/066 .. APPLICANT: OWNER: PROPERTY LOCATION: - ... PURPOSE: TO RECOGNIZE AN EXISTING SHED WITH A REAR YARD SETBACK OF 0.29 M AND ... SIDE YARD SETBACK OF 0.25 M, INSTEAD OF THE MINIMUM REQUIRED 1.2 M AND TO RECOGNIZE AN EXISTING DECK WITH A REAR YARD SETBACK OF 3.98 METRES INSTEAD OF THE REQUIRED 6 M MINIMUM. - ... DECISION OF COMMITTEE: .... THAT THE APPLICATION BE APPROVED TO RECOGNIZE THE EXISTING SHED & DECK AS THEY ARE MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBOURHOOD & IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW. .. ... DATE OF DECISION: November 21,2002 _ LAST DAY OF APPEAL: December 11, 2002 - ... - ... 635 - ... Clw:.mglOn """ .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... FILE NO.: JOHNSTONE, WILSON JOHNSTONE, WILSON 36 RUSTWOOD ST." BOWMANVILLE PART LOT 17, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2002/068 ... APPLICANT: OWNER: PROPERTY LOCATION: .. PURPOSE: TO PERMIT THE REDUCTION OF THE REAR AND SIDE YARD SETBACKS FROM THE REQUIRED 1.2 METRES TO 0.25 METRES TO RECOGNIZE AN EXISTING SHED. .. .. - DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO DECEMBER 5,2002 TO ALLOW FOR NEW PUBLIC NOTICE REFLECTING ACTUAL SETBACKS OF THE SHED. .. ... ." DATE OF DECISION: November 21,2002 LAST DAY OF APPEAL: December 11, 2002 ... .. .. - - t' 7 ' b.JO .", III .. · Clw:.w,glOn ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... - APPLICANT: TOPOLlE, M. OWNER: ANDY, ENDERS PROPERTY LOCATION: 32 ROSER CR." BOWMANVILLE PART LOT 14, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2002/069 .. .. .. PURPOSE: TO PERMIT THE CONSTRUCTION OF A CARPORT, ATTACHED TO AN EXISTING DWELLING, BY REDUCING THE REQUIRED NORTHERLY SIDE YARD SETBACK FROM 1.2 METRES TO 0.6 METRES. - - - DECISION OF COMMITTEE: THAT REDUCTION OF INTERIOR SIDE YARD FOR THE PROPOSED CARPORT, SUBJECT TO THE DOWNSPOUTS FOR THE CARPORT BEING DIRECTED TO THE FRONT OF THE PROPERTY BE APPROVED, AND THE SHED BE TABLED TO DEC. 5/02 TO ALLOW FOR PUBLIC NOTICE TO BE GIVEN. ... - DATE OF DECISION: November 21,2002 - LAST DAY OF APPEAL: December 11, 2002 - - - .. / "" ! O. '. J' .. .... .. .." .", .. ...., . ... .. .",. .",. .. .. .. .. .. .. .. .. .. C[!)!:!.l1gtDn REPORT - PLANNING SERVICES ... - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, December 2,2002 - Report #: PSD-127-02 File #: By-law #: .... Subject: BED AND BREAKFAST ESTABLISHMENTS - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .... 1. THAT Report PSD-127-02 be received; - 2. THAT Staff be authorized to proceed with a zoning by-law amendment, sign by-law amendment and licensing by-law; and - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ... - Submitted by: ~ Davi J. Crome, MCIP, R.P.P. Director of Planning Services "\ - Reviewed by: G ~~ ~ Franklin Wu, Chief Administrative Officer - SA *DJC*sh November 27, 2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - - 638 REPORT NO.: PSD-127-02 PAGE 2 1.0 BACKGROUND 1.1 At the November 11, 2002 Council Meeting, Staff were directed by Council resolution to investigate Bed and Breakfast establishments and the possibility of amending the current Zoning By-law. This report will review a number of pertinent issues and considerations relevant to Bed and Breakfast establishments and outline next steps. The comments are based on the research that staff has completed to date. Additional considerations may be warranted as the matter is reviewed in more detail. 1.2 Bed and Breakfast establishments are an accepted manner of accommodation and have experienced a rising popularity in both rural and urban locations in recent decades. In some municipalities, it has become part of the tourism and economic development initiative. A number of inquiries from the public have been received in recent years regarding the establishment of bed and breakfast's in hamlets and urban areas. 2.0 ZONING 2.1 Currently the Clarington Zoning By-law considers bed and breakfast establishments to be a home occupation and permits them in dwellings in Agricultural zones only. The definition limits the number of guest rooms to three, in an owner occupied dwelling and the proprietor mayor may not provide meals as an accessory use. One parking space per guest room is required, in addition to the two spaces required for the dwelling itself. 2.2 The thrust of Council's request was to allow bed and breakfast establishments in urban and rural settlement areas. In preparing appropriate zoning for this use, a number of performance criteria need to be developed. The following provides an overview of some of the performance criteria used in other municipalities. 2.2.1 Spatial Separation Some municipalities have restricted the location of bed and breakfast establishments in context of other bed and breakfast establishments or hotels, motels and inns. For 67Q .J / - ... ... .. .. - .. - .. "'" .. .. .. .. .. .. ... .... ... ... REPORT NO.: PSD-127-02 PAGE 3 .. example the City of Oshawa does not allow a bed and breakfast establishment within .. 500 metres of another bed and breakfast establishment, and the City of Vanier, although has no limiting distance between bed and breakfast establishments, limits - them to not less than 30 feet from a motel or hotels. Conversely, the City of Niagara Falls only allows bed and breakfast establishments in Tourist Commercial zones and in - residential areas adjacent to River Road (a major arterial adjacent to the Niagara River with a significant number of hotels and motels). This allows a tourist/traveller a choice - of accommodation within the same amenity area. - Presently, Clarington does not have a limiting distance for bed and breakfast establishments in rural areas and there have not been complaints from hotels/motels that there is a conflict between the two types of accommodation. Staff do not anticipate any problems from hotel operators and do not foresee that there would be the demand that would lead to a concentration of bed and breakfast establishments in close proximity. - - - - In addition to residential zones, the "C1" and "C2" zones both permit existing residential uses. For example in Bowmanville, portions of King Street East and Church Street contain larger residential dwellings. These areas are a zone of transition between that which is commercial and that which is residential. A bed and breakfast establishment would be a natural fit in these neighbourhoods, providing proximity to shopping and restaurants, but offering the coziness desired by bed and breakfast guests. - - - - 2.2.2 ParkinQ At this time, the Comprehensive Zoning By-law requires two (2) parking spaces for a single detached dwelling. Where a bed and breakfast establishment is permitted, one additional parking space per guest room is required. As rural properties are typically larger than urban properties, the location of the parking spaces has not been a concern. In an urban area, two parking spaces per dwelling are also required. They may be provided in a garage or driveway and may be located in any yard. To accommodate - ... - 64U - REPORT NO.: PSD-127-02 PAGE 4 bed and breakfast establishment parking, one additional parking space per guest room should still be required. However, to minimize impact on a residential neighbourhood and its streetscape,. consideration should be given to restricting parking in a front or exterior side yard. 2.2.3 Appearance Typically, in residential areas, there is a concern that a bed and breakfast establishment will appear as a commercial use, rather than blend in with an established neighbourhood. Provision may be made, as is currently done for home occupation uses, that a bed and breakfast cannot be established or operated in a manner that changes the external residential appearance of a dwelling unit, or generates adverse effects such as those from excessive traffic (by limiting the number of guest rooms), parking (as noted above), or noise. 2.2.4 Maximum Number of Rooms A number of by-laws from various municipalities including Niagara Falls, Oshawa, Vanier, Ottawa, and North York, were reviewed and all by-laws limit the number of guest rooms available to the public or the number of persons that may be accommodated. The Municipality of Clarington draft zoning by-law (released July 3, 2000 for review) is proposing a maximum of three guest rooms. Planning Staff are of the opinion that any more than three rooms may create a negative impact on a neighbourhood due to traffic and parking. 2.2.5 Other Uses Permitted Additional home occupation uses, such as a business or professional office, daycare or hairdressing, create an additional traffic load and parking space requirement. Particularly in residential area, this detracts from the established residential character of a neighbourhood. Typically the establishment of a multi-use building requires municipal review. Site plan approval and site specific rezoning may be more appropriate than allowing it as of right through a general text amendment to the zoning by-law. 641 - ... .. ... .. .. .. - .. .. .. .. ..... .. ... ... .. III .. - REPORT NO.: PSD-127-02 PAGE 5 - 2.2.6 Meals - The provision of meals to guests, especially breakfast, is typically provided by a bed and breakfast establishment. The establishment of a dining room open to the public - other than guests of the bed and breakfast, goes beyond the traditional definition of a bed and breakfast. Eating establishments require Health Unit approval, typically employ - persons other than those residing within the dwelling, require additional parking and loading spaces; have longer hours of operation during which traffic is generated, and - require municipal site plan approval. In areas where full municipal services are not available there are also concerns regarding well water quality and quantity and septic .. bed capacity. - - 2.2.7 Owner Occupied To consider the inclusion of bed and breakfast establishments in residential areas staff would recommend that bed and breakfast establishments continue to be operated as a home occupation. This means a bed and breakfast establishment shall also be the principle residence of the proprietor and staff is limited to family members residing in the home plus one additional staff person. By limiting the number of outside staff working in a bed and breakfast establishment, parking spaces are available for bed and breakfast establishment guests. - - - - 2.2.8 Lot or House Size As the current Zoning By-law only permits bed and breakfast establishments in Agricultural zones, lot size has not been a concern to date. If consideration is given to allowing bed and breakfast establishments in urban areas, minimum lot area and frontage should be addressed. The Municipal Zoning By-law does provide for landscaped open space, generally 40% to 45% of a property. Landscaped open space does not include parking areas, driveways, or any area covered by building or structure. By regulating minimum lot area the Municipality has a secondary mechanism to ensure the appearance of a bed and breakfast property has a minimal impact upon a neighbourhood. - - - - - 642 - REPORT NO.: PsD-127-02 PAGE 6 In rural areas, a minimum lot area requirement of 4000 m2 (1 ac) is required for all new lots. In consultation with the Regional Health Department, Municipal Staff can investigate if this is also appropriate for the establishment of new bed and breakfast uses in existing dwellings on existing lots. 3.0 SITE PLAN 3.1 Within the Municipality of Clarington, site plan approval is not required for residential buildings containing less than three (3) dwelling units (By-law 90-130). As bed and breakfast establishments are a home occupation within a single detached dwelling, site plan control would not apply. Bed and breakfast establishments are considered a home occupation as by their nature they may be assimilated into residential neighbourhoods with minimal impact. The Municipality's current zoning and sign by-law provisions regulate parking, appearance, scale and signage for bed and breakfast establishments. Cash-in-lieu of parkland and development charges are not applicable for established residential uses and thus site plan approval will not achieve anything further for the Municipality. 4.0 SIGNS The Sign By-law permits one sign per property for a home occupation use. The sign can be either a ground or wall sign, no greater than 0.55 metres in area. The Clarington Sign By-law defines a sign as being the words and logo. The total display area may be 150% larger resulting in the total permitted sign size in 0.825 m2 or 9 ft2. Staff are of the opinion this remains appropriate for bed and breakfast establishments in urban and rural settlement areas. The sign by-law has three heritage resource areas where sign appearance is regulated to protect significant architectural features on a building and to prohibit signs which detract from the heritage nature of a surrounding area. Staff would recommend that if bed and breakfast establishments are permitted in urban and hamlet areas that 643 ... .... .... .... .... .... .. .. .. ... .... ... .... .. .. .. .. .. ... - REPORT NO.: PsD-127-02 PAGE 7 - Schedule 1 - Heritage Resource Areas be amended in increase the size of the heritage - resource areas to include heritage areas, such as the old Bowmanville neighbourhood. Additionally, all buildings identified or designated as heritage dwellings should follow the - same regulations for signs as per the heritage resource areas. - As urban areas and hamlets are all lit with municipal street lights, lit signs should not be permitted for bed and breakfast establishments in residential areas. - - 5.0 INSPECTIONS AND LICENSING Under the Municipal Act, 2001, the Municipality may require licenses where issues of health and safety, nuisance control and consumer protection are apparent. As a place of accommodation for visitors, the Municipality may wish to ensure that accommodations meet basic safety requirements. As part of this licencing requirement, inspections may be required or certificates of approval from outside agencies and departments. For example, a fire inspection and approvals from Emergency Services should be required, Health Department approval for both septic and food preparation may be appropriate. Planning Services Department would provide comments on parking and signage, prior to permitting a bed and breakfast business operation. By requiring a bed and breakfast establishment to obtain a municipal license, the Clerks Department could ensure approvals have been received from all agencies and provide a list to Emergency Services Department for fire fighting and emergency purposes. Appropriate fees for a licence would be determined on the basis of staff time requirements. - - - - - - - - Staff will investigate licencing requirements concurrent with the preparation of a by-law amendment. - 6.0 RECOMMENDATION 6.1 Bed and breakfast establishments are viewed by many as a positive incentive for tourism in an area. They can also be viewed negatively by neighbours concerned about nuisance impacts. A recent case in the City of Oshawa led to considerable controversy - - 644 - - REPORT NO.: PsD-127-02 PAGE 8 - and an Ontario Municipal Board Hearing. Nevertheless, Staff view the initiative as a positive step for the tourism industry in Clarington. - 6.2 It is recommended that Staff be authorized to proceed with a zoning by-law amendment and sign by-law amendment and consider the merits of a licensing by-law to permit the establishment of bed and breakfast establishments in urban and hamlet areas in Clarington. The Sign By-law Amendment would be incorporated into other amendments to the Sign By-law as a low priority item. .... - - .. ... .. - .. - - .. .... .. .. ... 645 - L ~1!l!#!glOn - Meeting: - Date: - Report #: - Subject: REPORT PLANNING SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, December 2,2002 PSD-129-02 File #: COPA 2000-003 & PLN 31.5.7 By-law #: OFFICIAL PLAN AMENDMENT AND NEIGHBOURHOOD DESIGN PLAN FOSTER CREEK DEVELOPMENTS AND ROBERT STEPHENSON - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. - 2. - 3. - 4. - 5. - - - - - - THAT Report PSD-129-02 be received; THAT the application for proposed Clarington Official Plan Amendment, COPA 2000-003 submitted by Foster Creek Developments and Robert Stephenson be Approved as per Attachment 2 and a by-law to adopt Amendment #30 be forwarded to Council for approval; THAT the Foster - East Neighbourhood Design Plan as contained in Attachment 3 be received; THAT the Durham Region Planning Department be forwarded a copy of this report and Council's decision; and THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: 6' ~cQ~ ~. Franklin Wu, Chief Administrative Officer avi . Crome, MCIP, R.P.P. Director of Planning Services CP*DJC*sn November 27 I 2002 646 REPORT NO.: PsD-129-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Foster Creek Developments and Robert Stephenson 1 .2 Agent: G.M. Sernas & Associates 1.3 Proposed Official Plan Amendment: To relocate the designated Neighbourhood Park and the Public Elementary School symbols from the south side of the collector road in the east part of the Foster Neighbourhood to the north side of the collector road. 1.4 Neighbourhood Design Plan: To identify the conceptual location of streets, lots, blocks and neighbourhood amenities for the future development of the Foster-East Neighbourhood 1.5 Land Area: 47.678 ha (117.8 acres) 2.0 LOCATION 2.1 The subject lands are located in Part Lots 29 & 30, Concession 2, former Village of Newcastle. The lands are described as being located north of King Avenue West, east of Rudell Road, south of Highway 115/35 and the St. Lawrence and Hudson Railway line, and east of North Street (see Attachment 1). 3.0 BACKGROUND 3.1 The applicants originally submitted a proposed plan of subdivision, 18T-89059in 1989. In 1990, the applicants submitted an application to amendment the former Town of Newcastle Official Plan, to eliminate a collector road crossing of the Foster Creek. The Local Official Plan Amendment (LOPA) was not supported by staff and ultimately denied through the approval and adoption of the Clarington Official Plan in 1996. As a result of the non-conformity to the Official Plan the proposed plan of subdivision application was not approved. 647 .. .. .. .. .. ... .. .. .. .. .. ... .. - .. ... ... 1 REPORT NO.: PsD-129-02 ... PAGE 3 , ... 3.2 - The Clarington Official Plan, approved in 1996, introduced new policy requirements to be satisfied prior to development applications being approved. The policies included: i) Preparation of a Sub-watershed Study to be undertaken for any development that did not have an approved master drainage plan in place; H) Completion of an Environmental Impact Study (EIS) for any development within or adjacent to a Natural Feature identified on Map C of the COP; and Hi) Preparation of a Neighbourhood Design Plan prior to approval of any development applications within a residential neighbourhood. - - As the referenced proposed plan of subdivision did not have any approval status, these - three policy requirements are all applicable prior to consideration of the related plan of subdivision application. - 3.3 Gartner Lee Limited and Greenlands International Consulting Inc. were retained to '. complete both the Sub-Watershed Study for the Foster Creek and the Environmental Impact Study for the proposed development. The main goals of a sub-watershed study - are to provide an understanding of how a subwatershed functions and how a water course will respond to urban development within its drainage area. This helps the - Municipality to evaluate development in order to minimize flooding, and protect the quality and quantity of both ground water and surface water, and the integrity of the - receiving water course. A second goal is to identify and protect a viable greenland system on the landscape, through the identification of important environmental features - and connections. - 3.4 A report dealing with the subwatershed and its recommendations was received by Council in June 2001. The recommendations of the subwatershed study that pertain to the development of this neighbourhood relate to: i) identifying and protecting a 100m wide corridor along the main branch of Foster Creek wherever the water course is not constrained by existing residences; ii) review of the post-development hydrology and the location of storm water management ponds; - - - - - 648 REPORT NO.: PsD-129-02 PAGE 4 Hi) a review of the location and the construction of the Grady Drive extension spanning the Foster Creek. These items were reviewed in greater detail through the Environmental Impact Study. 3.5 The Environmental Impact Study (EIS) assessed the impact of the proposed development on the creek, including the proposed road crossing of the Foster Creek. Through the EIS the development limits adjacent to the creek were established, as were pond locations and required storage capacities. The study acknowledged that the corridor in the main branch of the Foster Creek is pinched by the development limit of Remi Court to less than 100m wide, "but otherwise the valley meets the criterion throughout the study area, and no additional habitat is required from the adjacent tableland." With respect to the construction of the proposed Grady Drive bridge, there is a potential to severely constrict the north-south corridor without appropriate mitigation. The bridge design will dictate to a large extent the severity of the impact and the mitigation techniques required. 3.6 A public meeting was held in September 2001 for the proposed Official Plan Amendment, proposed Plan of Subdivision and rezoning. An Open House for the Neighbourhood Design Plan was held Nov 6, 2002. The comments received on the applications were as follows: . Concern with respect to the location of the medium density in proximity to the existing residences on King Avenue and Given Road; . There will be too much traffic on King Avenue West at Massey Dr. extension; . Ensure the bridge connecting to Grady Drive is built to help alleviate traffic at Massey Dr; . Water pressure is an issue now for residents on Given Road, development of the neighbourhood will make things worse; . Connect houses on Given Rd. to sanitary sewer at developers expense; . Concern that the proposed crossing of the Foster Creek and the future development will have a negative impact on the creek and the environment and will create traffic issues for the residents of Remi Crt.; and . Kiradaar, the owner of the lands north of surrounding the Newcastle Health Centre believes that the road pattern should be altered to ensure they have frontage on the future roads without having to acquire land from the abutting developer. These comments are addressed in Section 6 - Neighbourhood Design Details. 649 ... ... ... ... ... .. ... .. ... ... ... ... .. ... III ... ... REPORT NO.: PsD-129-02 PAGE 5 - _ 4.0 EXISTING AND SURROUNDING USES 4.1 Existing Uses: the lands subject to the official plan amendment are predominantly vacant and used agriculturally with one single detached dwelling. - North - Foster Creek and existing residential on North Street and Remi Court; Given Road, King Avenue Wand existing residential; Rudell Road, limited residential development and agricultural land; and Highway 35/115, the St Lawrence and Hudson Railway and vacant agricultural lands. - 4.2 Surrounding Uses: East - - South - West - - - - 5.0 OFFICIAL PLAN POLICIES - 5.1 The Durham Regional Official Plan designates the subject property "Living Area" and "Major Open Space". The predominant use of land within the Living Area designation shall be for housing purposes. The Major Open Space designation applies to the lands associated with the Foster creek and associated valley. - - - 5.2 The Clarington Official Plan designates the subject lands Urban Residential and Environmental Protection Area within the Newcastle Village Urban Area, and located within the Foster Neighbourhood. Medium density symbols are designated north of King Avenue West, east of Rudell Road and north of the existing dwellings on King Avenue W, immediately west of the Foster creek. A Neighbourhood Park symbol is designated on the south side of the east-west collector road adjacent to the Foster Creek and a Public Elementary School site is designated abutting the park symbol. The official plan amendment proposes to relocate these symbols to the north side of the collector and more central to the Foster - East Neighbourhood. - - - - 5.3 Schedule B - Transportation Schedule, designates a collector road connecting from Grady Drive on the east side of Foster Creek, to King Street near the Wilmot Creek. In - - 650 REPORT NO.: PsD-129-02 PAGE 6 addition, there is a second collector road intersecting with King Street at Massey Drive and connecting to the east-west collector forming an extension t07r 'dy Drive extension. / 5.4 The Foster Creek is a cold water stream and the associated valley nd as identified as 'Hazard Land'. An Environmental Impact Study was underten for the proposed development, and the development limits proposed in the N ghbourhood Design Plan are consistent with those findings. 6.0 FOSTER-EAST NEIGHBOURHOOD DESIGN DE 6.1 It is a requirement of the Clarington Official PI that Neighbourhood Design Plans be prepared prior to the approval of develop. ent applications for any neighbourhood. Neighbourhood Design Plans are a v uable document by which to illustrate the intended land uses of a neighbourho to existing and future residents. Design plans detail the following: . Locations of schools, par and open space blocks, including stormwater management ponds; · lotting patterns and reside ial densities; . road alignments, includin right-of-way widths and required widenings; and . sidewalk locations, trail and possible future transit stops. Neighbourhood Desig lans are not prepared on the basis of property boundaries, but rather the efficient u es of land. The neighbourhood plan implements the designations and policies of the fficial plan. In this regard the medium densities, collector roads and park and school symbol are appropriately illustrated. Kiradaar expressed concern that their lands do ot have direct frontage on the proposed roads. The lotting pattern and lot depths roposed are consistent and have not been altered to avoid providing frontage the Kiradaar lands. Furthermore, the retention of a small strip of land betwee a road and lands owned by others is n~~ when one developer is fully resp sible for the cost of the road. This ensures the party that develops the road has a echanism to re-coup half of the road cost. 651 ." - - .... .... .. - .. .... ... ... .... .... .. .... .. .. ... - - REPORT NO.: PsD-129-02 PAGE 7 - 6.2 6.2.1 - - - 6.3 6.3.1 - - - - Open Space and Environmental Areas The Foster Creek valley and the storm water management ponds comprise the open space within the neighbourhood Plan. The Environmental Impact Study determined the development limits on the west side of the creek, while any future development applications on the east side of the creek will also require an EIS to determine the exact limits of development. Road Network An important component in the design of the neighbourhood is ensuring the efficient movement of vehicle and pedestrian traffic. In accordance with the policies of the Clarington Official Plan, the design plan implements a grid network of local and collector roads. The collector roads, in turn, intersect with the arterial road network in key locations. The extension of Massey Drive, north of King Avenue will form the north- south collector through the neighbourhood, while the extension of Grady Drive across the Foster Creek will provide the east-west collector. The Municipality and the Region are satisfied with the proposed access points for the Neighbourhood Plan. 6.3.2 The extension of Grady Drive across the creek has received objection from residents of Grady Drive and Remi Court who fear the impact of the additional traffic in their area. - The proposed road pattern is consistent with the Clarington Official Plan, as well as the former Town of Newcastle Official Plan, which was in place when Remi Court and - Grady Drive were originally approved. The need for the Grady Drive to cross the Foster Creek was considered through the preparation of the Clarington Official Plan, and - supported by staff and Council. Gartner Lee Limited and Greenlands International Consulting Inc. concluded that creek crossing could proceed and that the bridge design - would determine the mitigation methods. - - - - - 6.4 6.4.1 Population and Housing Table 9.2 of the Clarington Official Plan identifies the housing targets for the entire Foster Neighbourhood. The developable, or table land area subject to the design plan, Foster-East, includes two medium density symbols and represents approximately 56% 652 REPORT NO.: PsD-129-02 PAGE 8 of the entire neighbourhood. A total of 650 units are allocated to this portion of the neighbourhood, including 200 medium density units. The design plan proposes a total of 676 units; 11 existing singles; 493 proposed singles; 4 semi-detached/link units; 20 on- street townhouse units and two blocks for up to 148 medium density units. The design plan conforms to the Official Plan. In response to concerns of the residents, single detached dwelling lots are proposed backing on to most existing lots. 7.0 AGENCY COMMENTS 7.1 The application was circulated to a number of agencies for comments. The following agencies had no objection with the Neighbourhood Design Plan: · Veridian Connections · Hydro One Networks . Kawartha Pine Ridge District School Board . Peterborough Victoria Northumberland and Clarington Catholic District School Board . Ganaraska Conservation Authority . Clarington Emergency Services 7.2 The Region of Durham provided comments with respect to the Regional Official Plan, other applicable Regional policies, and Provincial policies. The property is designated "Living Area" and "Major Open Space" in the Durham Regional Official Plan. Lands designated "Living Area" are to be used predominately for housing purposes. Valley lands that are designated as "Major Open Space" in built-up areas are intended for conservation, recreation, and reforestation. Municipal services are available to the property. The proposed amendment, to re-Iocate a Neighbourhood Park and public elementary school symbol, is in conformity with the Durham Regional Official Plan. This application is considered to have no significant Regional or Provincial concerns. In accordance with Regional By-law 11-2000, this application is exempt from Regional approval. 7.3 The Clarington Engineering Division has no objection to the official plan amendment. They provided a number of comments and required a number of revisions to the proposed neighbourhood design plan. The plan contained in Attachment 3 addresses their comments and concerns. 653 .~ ... .. .. .. - .. .. .. J - .. .. .. .. - .. .. .. ... ... - REPORT NO.: PSD-129-02 PAGE 9 8.0 - 8.1 - - - - - - - - - - .. - - - - - STAFF COMMENTS The Official Plan Amendment proposes to relocate the Public Elementary School symbol and the Neighbourhood Park symbol from the south side of the east-west collector road, adjacent to the creek valley to the north side of the road and more centrally located between Rudell Road and the Foster Creek. The Municipality originally designated the park adjacent to the creek valley to provide connectivity with the open space system. However, the grades of the land and servicing requirements make the original location less attractive. The Municipality and the Public School Board are both satisfied with the proposed locations identified within the Neighbourhood Design. 8.2 The Neighbourhood Design Plan is to be received by Council only. It provides a framework to review other applications within the neighbourhood, and ensure the requirements of the official plan are being achieved. The Neighbourhood Design Plan does not replace the approval required for plan of subdivision, site plan, or rezoning applications, nor will it remove any land owner's right to object to subsequent applications filed under the Planning Act. 8.3 The Neighbourhood Design Plan has been refined in light of the recommendations of the Sub-Watershed and Environmental Impact Studies, the recommendations of the Noise Report submitted in support of the subdivision, comments from circulated agencies and resident's comments. 9.0 CONCLUSION 9.1 For the Neighbourhood Design Plan this report has been prepared to inform members of Council and the public the design plan has been completed. With respect to the application for official plan amendment, in consideration of the comments contained within this report, the Planning and Development Services recommends the Official Plan Amendment be approved at contained in Attachment No.2. Attachments: Attachment 1 Attachment 2 Attachment 3 Key Map Proposed Official Plan Amendment Proposed Neighbourhood Design Plan 654 .. REPORT NO.: PSD-129-02 PAGE 10 .... Interested parties to be notified of Council's decision: ... G.M. Sernas & Associates Limited 110 Scotia Court, Unit 41 WHITBY, Ontario L 1 N 8Y7 Larry Brunt 12 Remi Crt. Newcastle, ON L 1B 1J1 .. Ted Barnoski 3451 Elliot Road Newtonville, ON LOA 1 JO I rene Horne 30 Remi Crt. Newcastle, ON L 1B 1J1 - Rod Doris Re-Max Cornerstone Realty 104 King Street East Bowmanville, ON L 1 C 1 N5 Hans and Holly Eeuwes 270 King Avenue West Newcastle, ON L 1 B 1 G9 .. .. Edmond Vanhaverbeke Syvan Developments Limited 20 Robert Street West, Unit 1A Newcastle, ON L 1 B 1 C6 Dan and Marg Maskell 320 King Avenue West Newcastle, ON L 1 B 1 G9 .. Dan and Jane Sturrock 236 King Avenue West Newcastle, ON L 1 B 1 H7 .. Frank Feldman 7 Director Crt. Suite 104 Woodbridge, ON L4L 4S5 D. McCurdy 304 King Avenue West Newcastle, ON L 1 B 1 G9 .. .. Christina Lazaridis Gathwood Homes Ltd. 110 Ironside Crescent, Unit 23 Toronto, ON M1X 1M2 David and Pearl Rickard 80 Given Road Newcastle, ON L 1 B 1 L9 .. Tim Politis Politis Engineering 85 Thorncliff Park Drive, Ste. 4303 Toronto, ON M4H 1 L6 Kevin Buchan 3 Remi Crt. Newcastle, ON L 1 B 1 J 1 - Gregory DeFreitas B. G. Schickedanz Homes Inc. 7 Director Crt., Ste. 104 Woodbridge, ON L4L 4S5 Robert Stephenson 170 Given Road Newcastle, ON L 1 B 1 G9 .. - Mr. & Mrs. R. Howe 3 Grady Drive Newcastle, ON L1B 1J1 - Dr. Lee Rackman 165 Foster Avenue Belleville, ON K8N 3P8 Mr. & Mrs. Bath 46 Given Road Newcastle, ON L 1G 1G9 .. .. 65) .... ... REPORT NO.: PSD-129-02 PAGE 11 - _ Mr. & Mrs. T. Howe 1 Grady Drive Newcastle, ON L 18 1J1 - Meredith McMillan 8 Remi Crt. Newcastle, ON L 1B 1J1 - - Jean Graham 32 Remi Crt. Newcastle, ON L 1B 1J1 - - - - - - - - - - - - - 656 ~ AlTACHMENT 1 .. . Subject Site ~ LOT 30 LOT 29 l 'i -~t f-- II ~ / ~ ~\" ~ ~ f-~ . ~ 4~'ij ~ce \ /~o/ ~ II~~~N~ J.J. /' ~ 11:% / /. '/--- 4... -f_r~""l..J...~-" "/.,:,~./"/~W..lj~~~.. ~~~ > ~ ~1- ~ %i :, 1 ~ -.......:.,- "/ ~ I ~ == 1 "/ J.... - $f:lf W~ ;;:T C -. ~ 1 4-- - r', - "/ 1/ ......, - fi'~1 '- 11m .~ C ~~ 11. ~ ;;~ . =n;:~l9z F I ~ c nti- L]H~ ~ VIm " mL:~ I > ~ ", ~ :.J SfJI l:::: \ I >~ % I I ~ ~! Ilr~~ - '\ \ IDRtVElI / ~ -...... \ tlllllANI rn~n::lll ~ ~.- OJIIJ nPl ~111E i~~~~i ~~fim - ~ f--,-e- '- d - E: ;:: :iI. '-'-' ~::::J '1';... ~ wm ~ ~ ~ 1~lttl I \ IIJHI\ftoI II r ~ o ~...= f-s~/j ~ I ~ I~, ~i= . - II I':: I I ~ I~/~/I'//I ~ ~ I ~ ~ 1'/1 :, I ~ I "/0"/ ~"/I J-(T Newcastle Village Key Map COPA 2000-003 PLN 31.5.7 ... ... ... ... .. ... - ,. N .. z o en en w u z o u ... ... - .. - .. .. .. ... - - - ATTACHMENT 2 AMENDMENT NO. 30 TO THE CLARINGTON OFFICIAL PLAN - - Purpose: - .. Basis: - .... Actual Amendment: - - Implementation: - Interpretation: - - - - - - - The purpose of the Amendment is to relocate a park and a public elementary school symbol in the Foster Neighbourhood (Newcastle Village) from the south side to the north side of a future collector road. The Amendment is based on an application submitted by the proponents of Draft Plan of Subdivision 18T -89059. The Draft Plan proposes to locate the park and school adjacent to each other in a suitable location on the north side of Street 'A'. The Clarington Official Plan is hereby amended as follows: (i) by amending Map A4 - Land Use: Newcastle Village Urban Area as shown on Exhibit "1" The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. The provisions set forth in the Clarington Official Plan, as amended, regarding this interpretation of the Plan, shall apply in regard to this amendment. 65~ ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002 - ... ... being a by-law to adopt Amendment 30 to the Clarington Official Plan - WHEREAS, Section 17 (22) of the Planning Act R.S.O. 1990. as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto: ... ... AND WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to relocate the park and school symbol in the Foster neighbourhood, Newcastle Village; .. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: .. 1. That Amendment No. 30 to the Clarington Official Plan being the attached Map A4 is hereby adopted.; - .. 2. This By-law shall come into effect on the date of the passing hereof. .. BY-LAW read a first time this day of 2002 .. ... BY-LAW read a second time this day of 2002 .. BY-LAW read a third time and finally passed this day of 2002 .. .. John Mutton, Mayor .... Patti L. Barrie, Municipal Clerk ... 659 .. .... EXHIBIT "1" AMENDMENT No. 30 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP A3, LAND USE, NEWCASTLE VILLAGE URBAN AREA - - RELOCATE-PUBUC ELEMENTARY SCHOOL- AND -NEIGHBOURHOOD PARK" DESIGNATION - - - - - REMOVE -PUBUC ELEMENT ARY SCHOOL- AND -NEIGHBOURHOOD PARK" DESIGNATION - - - - - lAKE twTARIO - ___ UR8AN8C)UItrC)Nf't' o [lMRONlIOOAL .' " PfIO'TD:11ClN N/V. ~ = IttSIllDITW. _ GREDI SfW:[ - o URlWl IttSIllDITW. _ YlA1DIflIOIIT ORmlWAY I ~ ~or DIRWl I [E~ _ COlIIAJNI1Y PNIK _ ....... a:K1llAL N/V. . DISTRICT PNIK - _ L.llCAL a:K1llAL N/V. . NEJllHIl(lURtIl PNIK ,. ~ N/V. a PUlIUC ~ SCHOOL U UTJJlY ~ SD'NlA1[ - , . ,', ~ SCHOOL " PUBUC r ElDlEHTAIl'I' SCHOOL t5 SO'NlA1[ MAP A4 ElD<<>ITAIl'I' SCHOOL - _ _ _ _ _ _' Sf"[CW. POUCY AAfA LAND USE NEWCASTLE VILLAGE URBAN AREA -- ~AAfA omclAL PI.}.H 66U . 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Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DECEMBER 2, 2002 EGD-51-02 File #: By-law #: INTERSECTION OF OLD SCUGOG ROAD AT BOUNDARY ROAD, BURKETON - RECOMMENDA TIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. .. 2. .. 3. - .. THAT Report EGD-51-02 be received; THAT the request to install an all-way stop at the intersection of Old Scugog Road and Boundary Road (Boundary Road within Township of Scugog) be denied; THAT staff in cooperation with the Durham Regional Police, the Clarington Traffic Management Advisory Committee and the Road Watch Committee pursue the development of a Radar Message Board Educational Program and that funds be provided for the program in the 2003 Current Budget for Council's consideration; and 4. THAT the interested parties listed within this report be provided with a copy of this report and Council's decision. .. jpt! . // ~th10<.~~. Submitted by: Anthony Cannella, C.E.T. Reviewed by: Director of Engineering Services - .. d l~"':':'- {,~'\ Franklin Wu, Chief Administrative Officer - RDB*ASC*ce November 25, 2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 - 701 REPORT NO.: EGD-51-02 PAGE 2 1.0 BACKGROUND Adela and Guy Pugliese have requested that the Municipality consider creating an all- way stop at the intersection of Old Scugog Road and Boundary Road to resolve safety concerns associated with vehicle speeds. 2.0 COMMENT 2.1 Operational Safety Review of the Intersection The intersection provides a northbound/southbound right-of-way on Old Scugog Road, being the major street, with traffic on Boundary Road, being the minor street, required to stop. Motorists stopped at the stop signs have good visibility to the north and south with no reported collisions at the intersection over the past three years, which is the recommended "recent history" study period. Within the intersection, vehicle volumes are low with very little traffic entering from the east or west approaches. The west leg of the intersection is a dead end and most traffic on the east leg travels east to reach Regional Road 57. Elementary school children are picked up at this intersection but are protected by the red flashing stop lights of the school bus if they need to cross the street. Any snowmobile or all terrain vehicle traffic in the area would be travelling east and west and are already controlled by stop signs. 2.2 All Way Stop Warrant Review Based on Provincial guidelines, an all-way stop is not warranted due to the low traffic volumes and lack of other hazards such as poor visibility or a collision history. A morning and afternoon count was obtained on October 9, 2002 with the following results: Review 7:30-8:30 am 3:00-4:00 pm Volume Split Percent (100%) 19% 23% 0% Required 350 vehicles 350 vehicles <65% major/35% minor Visibility Collision History Actual 68 vehicles 82 vehicles 84%/16% (126/24 vehicles) > 150m (posted 50 km/hr) 135m (80 km/hr) 0% o 12 0% 702 .. .. .. .II ... .. ... lIIIIl lIIIIl .IIi IIllII IIIIIi .. .. .. .. .. \ .. IIIIIi - REPORT NO.: EGD-51-02 PAGE 3 - - 2.3 Road Safety Audit of Old Scugog Road Although the intersection at Old Scugog Road and Boundary Road is considered safe from an operational point of view, there are some concerns on Old Scugog Road in Burketon. As a hamlet, the roads are built to rural standards with no sidewalks. The Average Annual Daily Traffic (AADT) is estimated at fewer than 1000 vehicles per day with Regional Road 57 handling the majority of the arterial commuter traffic. The speed study conducted on Old Scugog Road between Boundary Road and Elliott Avenue, on October 9,2002 indicated that sample speeds over the study periods recorded an average speed of 63 km/hr in the posted 50 km/hr zone. The sight distance from the intersection of Elliott Avenue to the north is 78 metres, which is considered safe at 50 km/hr, but safety is decreased as operating speeds exceed 50 km/hr. A similar situation exists at the south end of Burketon where visibility from Sumac Road looking southerly is 73 m, which is considered safe at 50 km/hr but safety is decreased as operating speeds exceed 50 km/hr. .,. ... - .. - ... - 2.4 Safety Opportunities/Enhancements SiQninQ ChanQes: - Due to poor speed compliance, the Operations Department has been requested to do the following: - . Upgrade the existing warning signs for southbound traffic approaching Elliott Avenue with a new support post with an oversized 75 cm x 75 cm intersection _ sign, with a 45 cm x 90 cm "HIDDEN" tab plus a 45 cm x 45 cm advisory speed tab of 40 km/hr. - . Install a support post with warning signs for northbound traffic approaching Sumac Road with an oversized 75 cm x 75 cm intersection sign, with a 45 cm x 90 cm "HIDDEN" tab plus a 45 cm x 45 cm advisory speed tab of 40 km/hr. ... - Proposed Radar MessaQe Board Educational ProQram: The Municipality of Clarington, in cooperation with Durham Regional Police, established a Road Watch Program in 1999. This program gives the general public an avenue to report the license plate numbers of motorists who they feel are a danger to the general public. The name of the reporting resident is kept confidential while the police issue a series of warning letters and initiate personal contact with drivers who are reported. As part of the program, the Municipality purchased a radar message board which 703 - - - REPORT NO.: EGD-51-02 PAGE 4 residents could borrow to help educate motorists and accurately monitor speeds on their streets. Although the Road Watch Program is operating very well with residents reporting incidents of aggressive driving, the radar message board has not been used on a regular basis by the public. Although the public supports the concept and benefits of the radar message board, many residents have concerns created by the lack of anonymity as the local public volunteers are visually seen by fellow neighbours recording their plate numbers which are later forwarded to the police. Although some efforts have been made to have community groups operate the radar unit, there has been no success, due to lack of volunteers. To resolve this issue, Staff wish to work with Durham Regional Police, the Clarington Traffic Management Advisory Committee and the Road Watch Committee to develop a Radar Message Board Educational Program and hire a seasonal/temporary person to operate the radar unit rather than relying strictly on volunteers from the community. The individual hired would operate the Radar Message Board and report the license plate numbers of aggressive drivers to Durham Regional Police through the Road Watch Program. The program could involve before and after studies using inconspicuous surveillance during a before study, then an openly educational approach followed by an inconspicuous approach as an after study. This individual could also be used to perform other various traffic and pedestrian counts if time and funds permit. The program would require municipal funding to cover wages and some incidentals such as a series of educational signs. This pilot program would be able to be deployed to various "hot spots" selected at random throughqut Clarington including Burketon and the other hamlets which have similar speed concerns. This expenditure would need to be included in the 2003 operating budget and be approved by Council. 7 0 [~ - II!!! .. ... ... .. . .. .. - ... ... 'filii ... .. ... III .. ... ., REPORT NO.: EGD-51-02 PAGE 5 - 2.5 Jurisdictional Issues - Intersection of Old Scugog Road with Boundary Road The Municipality of Clarington, under By-law 93-159, and the Township of Scugog, under By-law 47-93, entered into a boundary agreement per the Municipal Act R.S.O. 1990. Schedule A, Section 9 of the Municipal Act deals with the jurisdictional issues related to traffic by-laws: ... - .' - "That the by-laws regulating traffic will be applied by the Corporation having jurisdiction over that portion of the roadway that it has undertaken to maintain. The adjoining Corporation will be advised in writing of any proposed traffic by-law amendments for comments for a minimum of thirty (30) days prior to approval by the governing Council. The adjoining Corporation will be advised after the by-law has been formally passed by the proper authorities. ... - ... - That if the adjoining Corporation, after objecting to a proposed by-law amendment, fails to agree the same shall be determined by arbitration. ... That the Corporation having jurisdiction over a roadway which intersects the Boundary Road will assume responsibility of the required regulatory, warning and street name signs of the intersecting roadway." ... - - Under this agreement, Clarington maintains the Boundary Road and Old Scugog Road south of the intersection. If the Municipality of Clarington did wish to create an all-way stop at this intersection, Clarington would need to: ... . Discuss this issue with the Township of Scugog and agree to coordinate by-laws. .. . Clarington must pass a by-law to provide a stop control for northbound traffic because it has jurisdiction over the intersecting roadway from the south. '. . The Township of Scugog would need to pass a by-law to install the southbound regulatory stop control because it has control of the intersecting roadway from the north. - . Coordinate installation of the signs by each municipality. - -, 0' / ~) CIII REPORT NO.: EGD-51-02 PAGE 6 ... Attachments: Attachment 1 - Key Map .. Interested parties to be advised of Council's decision: ... Inspector Tom Cameron Bowmanville Community Office Durham Regional Police 77 Centre Street North OSHAWA, Ontario L 1 G 4B7 '. - Adela and Guy Pugliese 2179 Boundary Road BURKETON, Ontario LOB 1 BO .. ... Clayton Morgan, Chair Clarington Traffic Management Committee 31 Parkway Crescent BOWMANVILLE, ON L 1 C 1 B9 ... till Ron Radcliffe, Chair Clarington Road Watch Program Kawaratha Southern Electronics 295 King Street East NEWCASTLE, ON L 1 B 1 H4 ... . ~ ... .. ~ '!I ...."'"':. .- .. 706 .. - MUNICIPALITY OF CLARINGTON (BURKETON) .... ~ Cartwright St. J tg. .... 0 ::> ~ sumac Rd. Sumac -g - Ct. ~ .~ - Hawke Ct. - \' ... \\ \ \ \\ .~I Conc. Rd. 10 .... \\ \ \ \, .\ - \\ \\ \\ LEGEND . \ \\ - 0 Requested All-way Stop ... @ Sight Distance Concerns. (based on current sample .. of operating speeds) - - .. TOWNSHIP OF SCUGOG - Boundary Rd. - - - -7 ;-. -, , IV W~e s EngIneenng SerVICeS REPORT EGD-51-02 ATTACHMENT NO.1 NOV. 2002 - .. WfII -- ... ." ." .. .. .. ,. .. .." ., .", "." ... iii .. ... ~1!J!ilJgton REPORT ENGINEERING SERVICES - Meeting: - Date: - Report #: .. Subject: ... GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DECEMBER 2, 2002 EGD-52-02 File #: TR.10.12 By-law #: POLICY PROMOTING THE SAFE MOVEMENT OF FARM VEHICLES AND EQUIPMENT RECOMMENDATIONS: _ It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .... 1. 2. ... 3. ... - - - ... - .. - THAT Report EGD-52-02 be received; THAT the "Policy Promoting the Safe Movement of Farm Vehicles and Equipment" presented in Attachment 2 to the Report EGD-52-02 be approved; and THAT the Municipal Clerk forward a copy of Report EGD-52-02 to the Clarington Agricultural Advisory Committee (CAAC), Clarington Traffic Management Advisory Committee (CTMAC), Durham Regional Police Services, and the Regional Municipality of Durham for their information. Jt1~Jtlu-i!- () ht-d_J 6v~ Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer RDB* ASC*ce November 25, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 7 (: Q REPORT NO.: EGD-52-02 PAGE 2 ." ... 1.0 BACKGROUND Clarington staff have developed a policy to promote and provide for the safe movement .- of farm vehicles and equipment on the municipal road network (see Attachment 2) in response to a request for signage from the CAAC (see Attachment 3). The focus of the .- policy deals with implementing roadside slow moving vehicle signage and for consideration of agricultural needs at the time of road improvements. Council .- representatives from CAAC and CTMAC met with volunteers of the CAAC, Engineering staff and Planning staff to discuss site specific locations of signs and the policy for the ." placement of these and future signs. This report and attached policy are the result of this collaborative effort. .., 2.0 EXISTING SIGNAGE Currently, there are no slow moving vehicle cautionary signs in the Municipality. 3.0 PROPOSED SIGNAGE/SIGN DESIGN Clarington staff have undertaken a review of the practices of selected Ontario municipalities and have found a wide variety of farm vehicle signage practices. While there is no provincially approved standard, the Ministry of Transportation in consultation with the Farm Safety Association has developed a caution sign for slow moving vehicles (SMV). The Municipality proposes to erect the "Caution Slow Moving Vehicles" sign (60 cm by 90 cm) with an orange triangular symbol and an "Active Farming Area" tab (see Figure 1 in Attachment 2). This sign has black text on a white background. The new sign design will provide motorists with a visual message alerting them of SMV and notify them that they are within a farming area. This Ministry of Transportation recognizes this sign as an accepted non-standard uniform sign. However, it is not included in the Ontario Traffic Manual - Book 6 - Warning Signs. The proposed sign has been used previously in some Ontario jurisdictions including Halton Region, Elgin County, Temiskaming, and Essex County. 709 .., .. .., .., ." .. - ..", -- - .. "" .. REPORT NO.: EGD-52-02 PAGE 3 ." 4.0 SIGNAGE ON MUNICIPAL ROADS _ The CAAC had requested that the Municipality consider erecting Slow Moving Vehicle signs at twenty-nine locations throughout Clarington: - . seven on Regional roads - . twenty-two on Municipal roads ... Due to the number of rural roads in this Municipality, discretion must be used in signage implementation. Road sections should be selected on the basis of higher volumes of traffic, higher volumes of farm vehicles, areas that lack adequate shoulders, areas where there is poor visibility due to horizontal or vertical alignment, and other road related hazards. Overuse of signs will lead to a lower level of awareness among drivers and hence reduce the overall effectiveness of the sign. - - .. - The group discussed each of the twenty-two proposed locations and agreed to the following (see Attachment 1 - List of Locations): - . erect twelve Slow Moving Vehicle signs in twelve locations - . review two locations in the field to establish suitability for signage .. . erect signs at one additional location as a result of discussions around the table .. When signs are erected at the agreed to locations, staff will determine whether the sign is required in one or both directions, and will ensure that the sign(s) is placed in the most appropriate spot at each location. .. 5.0 REVIEW OF CONSTRUCTION PROJECTS Each year, staff will include the consideration of site specific hazards as they pertain to slow moving vehicles and will consider upgrades where possible during road improvement projects. - - - 710 .. .. REPORT NO.: EGD-52-02 PAGE 4 'l!!II An annual review of the farming community needs and other capital improvements related to roadways is therefore proposed to be accommodated in consultation with the CAAC prior to developing the spring maintenance program. ... .. 6.0 FINANCIAL/PROGRAM IMPLICATIONS There is minor financial implication. The installation and maintenance of these signs can be provided for through the regular signage program that is part of Operations' annual maintenance budget. Each sign costs approximately $100 to supply and install. - .... Attachments: .... Attachment 1 - List of Locations and Map Attachment 2 - Policy Promoting Safe Movement of Farm Vehicles and Equipment Attachment 3 - Signage Locations Requested by CAAC within the Municipality of Clarington .. Interested parties to be advised of Council's decision: ." Clarington Agricultural Advisory Committee Mr. A. Wotten, Chair 1933 Concession Road 6 R.R. #1 HAMPTON, Ontario LOB 1 JO Clarington Traffic Management Advisory Committee Mr. Clayton Morgan, Chair 31 Parkway Crescent BOWMANVILLE, Ontario L 1 C 1 B9 ." .. .. .. 'fill ... ... .. .. 7i I .. ... - .. .. - - .. - - .... - - - - - - - ATTACHMENT NO.: 1 REPORT NO.: EGD-52-02 LIST OF LOCATIONS To be erected this year: 1. Concession Road 6 - Clarke - west of Gamsby Road (3) 2. Concession Road 6 - Clarke - west of Regional Road 18 (4) 3. Concession Road 6 - Darlington - west of Leask Road (5) 4. Concession Road 7 - Darlington - east of Leask Road (8) 5. Liberty Street - south of Regional Road 20 (11) 6. Concession Road 3 - Clarke - west of Highway 35/115 (16) 7. Concession St. E. - Bowmanville - east of Lambs Road (17) 8. Baseline Road - Darlington - east of Holt Road (19) 9. Concession Road 7 - Darlington - west of Darlington/Clarke Townline Road (24) 10. Concession Road 8 - Clarke - east of Darlington/Clarke Townline Road (25) 11. Concession Road 4 - Clarke - east of Highway 35/115 (27) 12. Concession Road 4 - Clarke - near Morgans Road (28) 13. Baseline Road - Bowmanville - near Green Road (additional) For review in the field: 14. Concession Road 6 - Darlington - east of Liberty Street (6) 15. Concession Road 7 - Darlington - east of Middle Road (9) For review next year: 16. Concession Road 7 - Clarke - west of Highway 35/115 (7) 17. Concession Road 8 - Clarke - west of Highway 35/115 (10) 18. Concession Road 10 - Darlington - east of West Townline Road (14) 19. Concession Road 10 - Darlington - east of Holt Road (15) 20. Bloor Street - Darlington - east of Regional Road 34 (20) 21. Bloor Street - Darlington - west of Maple Grove Road (21) 22. Concession Road 5 - Clarke - east of Highway 35/115 (26) 23. Concession Road 5 - Clarke - west of Regional Road 18 (29) _ NOTE: The number in brackets represents the location number as submitted on the CAAC map. - 712 ~ _ -i-, ;__ __ -- .L II . ~ . c. ; --- G--- l - - lJ{ _ :""__ = .. _. _ I ., -'. .1, _;~_ j ~ · "\ 0; - ;-- I' : 7/ ~~ . ___ '- 1 jl ......... 1'-"'" ..-..-C77 ~ .~~ 1 ~ i I"4\.. , ; '-;. U " T ! 11 - --~ j ~ u 11- ' _,,_! :: :? ":" -- I -~--=. -q- ~.....".. JI _ ' - .'e- d -~I\ ~ .." I ~ I..J'. =."......01.0') _'-Jl~; II I iI -=--I~ ., ~ ';- 'c; _ j . - l',. __~ ..'~,',:Ii' ~\I\'..i... '1 ..-/"7! ,. II ~ I ~. l~ ,'-~ I ' I. ' 1 ~ ~'---; --l- II ,-- ,,-~ (, '. 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JF/"::: ~ N i]~~II. . ,,,. c' M .\i .~;'i;j ':l"'ffi i N ILl ~ ~ I . ~ . ! Ii "" -= '''I I L- ....~ I l- I 1\ (~ <1) U .- ;> ~ <1) V') gf .- ~ <1) ~ .- OJ) ~ IF"""" 'I T - l I ,..- w .... l ~ 0- - I <~~ = ~ Ii ..~, 1[== ~ ":,, t ~ ~t ! ! ~ .=, '"~"'l \. l ~ I 1 i~ ~ ~!~ I . P '''-c'' ~o ...J ~ -~ ~ ~. .~ ~ '== N o I N In I C C) W I- 0::: o Q. W 0::: N g I N ~ Z .. .... .... .... o Z J- Z w :!: J: (.) <( J- ~) - .Ii 1IIIli .. .. .. .. o c:: ;:: z o 11/III w ~ <l: ...J .. .. ffi Q) ;>. x Q) c: "'C ~ Q) .~ ~ .. .9 :g ~ ~ I .3 1 r r 7 -, j "" .. ATTACHMENT NO.: 2 REPORT NO.: EGD-S2-02 - Municipality of Clarington Engineering Services Department POLICY PROMOTING SAFE MOVEMENT OF FARM VEHICLES AND EQUIPMENT Adopted by Council on December 2,2002 - - - - 1.0 Purpose The purpose of this policy is to promote and provide for the safe movement of farm vehicles and equipment on municipal roads. The policy is intended to be of assistance in creating a safe travelling environment for slow moving vehicles. Operators of slow moving vehicles are reminded that they must comply with all provincial legislation and municipal road- related by-laws and exercise caution at all times. - - - - 2.0 Application This policy applies to all rural roads under the jurisdiction of the Corporation of the Municipality of Clarington. Discretion must be used in signage implementation as overuse of the signs will reduce effectiveness. - - 3.0 Context In adopting this policy, Municipal Council has given considerations to the following: - - . Farming is an important activity in the rural parts of Clarington. . The movement of farm vehicles and equipment between farms will require the use of certain sections of municipal roads. - - - - 7 11 I '. I . - MUNICIPALITY OF CLARINGTON POLICY PROMOTING SAFE MOVEMENT OF FARM VEHICLES AND EQUIPMENT PAGE 2 .. 4.0 Policy 4.1 Improvements of Municipal Roads In any new alignments, widening, reconstruction or resurfacing of rural municipal roads, consideration should be given to the need and provision for the safe movement of farm vehicles and equipment on the subject roads subject to the availability of lands, funds and an evaluation of environmental impacts. WI ... - -- Given the low speeds at which farm vehicles operate, it is preferable to provide and maintain an adequate roadway for the movement of these vehicles in order to allow for the overhang of wide equipment and avoid conflicts with vehicles travelling in the opposite direction. At locations where an adequate roadway cannot be provided, constructed or maintained, appropriate signage should be installed to promote road safety. .. .. .. .. 4.2 Annual Review of Critical Locations On an annual basis and prior to the farming season, Municipal transportation staff in consultation with the CAAC will identify locations where serious deficiencies for the safe movement of farm vehicles and equipment exist and will rate the seriousness of each deficiency. Such deficiencies shall be based on: ., .. - ... . amount and type of farm vehicle and equipment movements, . prevailing road traffic volumes, . operating speeds, . vertical road alignment . horizontal road alignment . shoulder width . potential for vehicular conflicts and/or collisions, and . other roadside hazards. .. ... .. ... ... -7 . L I ' I ~, .. .... MUNICIPALITY OF CLARINGTON POLICY PROMOTING SAFE MOVEMENT OF FARM VEHICLES AND EQUIPMENT PAGE 3 - Municipal transportation staff will include such information in the preparation of the spring work program in at attempt to address these deficiencies through minor capital works. - - - 4.3 Advisory Signs For those critical locations identified under Section 4.2 where, due to lack of lands or funds, no immediate physical improvements can be implemented to improve the safe movement of farm vehicles and equipment, consideration should be given to the erection of the following advisory signs: - - - "Caution Slow Moving Vehicles" sign, with black text on white background and an "Active Farming Area" tab (see Figure 1). - - Municipal transportation staff in consultation with the CAAC will identify the need and determine the locations for such advisory signs. - On an annual basis and based on input from the CAAC under Section 4.2, municipal transportation staff will review the effectiveness of and need for the current advisory signs and remove unnecessary signs as appropriate. - - - - - - - 7. / Ib - ATTACHMENT NO.: 3 REPORT NO.: EGD-52-02 ... June 14U1, 1002 ... ... Patti Bmie Municipality of Clarington 40 Temperance Street Bowmanville. Ontario L1C 3A6 ... ... .. Dear Ms. Barrie: .. At the June 131ft, 2002 meeting of the Clarington Agricultural Advisory Committee. consideration was given to correspondence directed to the Durham Agricultural Advisory Comminee from Mr. Cannella (dated June 6. 2002) and copied to Arnot Wonen. Chair of the CMC. addressing the CAAC's request for the Municipality to erect "Slow Moving Farm Vehide" signs. This correspondence noted that some sign locations were on Regional Roads and \Vould need approval from the Region before being erected. In addition. it was requested by Mr. Cannella that the Durham Agricultural Advisory Comminee endorse the CAAC request -for signage and that the Durham Region Works Depanment review the request in respect to liability, sign style. and location criteria. .. ... .. .. The CMe understands that signs cannot be placed on Regional Roads without the approval of the Region. However. it is the opinion of the CAAC that the Municipality should move forward and erect "Slow Moving Farm Vehicle" signs on municipal roads. - A map has been attached identifying preferred locations for the erection of these signs. - At the June 131ft, 1002 meetinE of the Clarinsnon AEricultural Advisorv Committee. the followinE resolution was mad~: - - ':::~~':~~';'~~i6UT:C~ f~ - - , ,.~t.!~.~~.. ...._~..____ ..-.- .. 02-49 Moved by Bill DeVries. Seconded by Ted Warson. ~~,~~g -. ._. ....__. . Claringron ro rake rhe iniriarive and make a proae~v~:ff.pfJ;,:~. - ~;-~-i and ereer slow moving farm vehicle signs on Clan' . ~,..." - DPI_; n': , CARRIED r:"A~I:\10l"SL y I c:::- _ ~ _ -.r ~~...:" :-::~~'~===..i- r-~~_.--l-:7 ~_..-._.._... .. .;J-- . J ...' -" .-...... '. ...-.........-..... . .- ,'..,.- .----_'f_ -1 '! 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II - -i~ --J ~ -~r N o o N . s.n N .c Q) ~ Cf) c ,2) en (I) 13 :2 Q) ....... t: .m ~ - o c o .- - cc u o ....J "'0 CD "'0 C CD E E o u Q,) " \ \ - -- ~ ~ ~ ~- ~ 'U/ .:I - -- 1.:11 .:I - -- - '"",,, ~ ---- --- ~ -- J I_W ~~ F~. -~ II --;:J _ II '~~ rI' ~I f "'=' ~ "J ,p;( - -i r- - i-j\ ~ I, -II 'l!l~ - -r /' I~ 1._ \ 1 1 - --- I, -- --;)icil } ! . \ ~ --- - f ~-I ~ ~ " ,- 'I tf~ ... -- 1- ~ J~ --.- \7 ~ lli..;V ~ /' ~l~ / '(N) 1J1 ~ I~ ( ---~ ~. - -~, ....,. f I / \~. t 7 --.-~ 1-, .- 1\ J -- --- - ~~I - - I . , - I -( 7/ ., I I ~ - {lii) II I J,. r;:. ~ 1 .~ ~.k:) ---l ~ fWW" I -I (I ... /) -, ~ - -- eMeuSQ JO ~:l -/ 1 Q ... ... ... ... ... ... ... ... .. J , .Ii f .. J ( - ... ( .. :'2 " ..i .. ... - REPORT -Cl~mgron - . ENGINEERING SERVICES - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DECEMBER 2, 2002 EGD-53-02 File #: B.01.16.002 By-law #: ASPEN SPRINGS SUBDIVISION, PHASE 1, BOWMANVILLE, PLAN 40M-1686, 'CERTIFICATE OF ACCEPTANCE', TRIBUTARY STORMWATER MANAGEMENT WORKS AND WATER QUALITY WORKS - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-53-02 be received; and - 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Tributary Stormwater Management Works and Water Quality Works constructed within Plan 40M-1686. - - - Submitted by: - j _ 7 // ,/ / 1/ .. ,~{IJ;11iV' .~ Anthony Cannella, C.E.T. Reviewed by: Director of Engineering Services O~Q~ ~. Franklin Wu, Chief Administrative Officer AHC*ASC*ce November 25, 2002 - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T905-623-3379 F 905-623-9282 -"Q II ',' . , I / - REPORT NO.: EGD-53-02 PAGE 2 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle, now the Corporation of the Municipality of Clarington, entered into a Subdivision Agreement, registered October 10, 1991, with Martin Road Holdings Limited to develop lands by plan of subdivision, located in Bowmanville, and described as Plan 40M-1686 (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 Phase 1 Works to be separated into five (5) . stages: a) b) c) d) e) Storm Sewer System; Roads and Above Ground Services; Tributary Stormwater Manaqement Works Water Quality Works; and CPR Underpass Work 1.3 This particular Agreement allows for the acceptance of the Stormwater Manaqement Works and Water Quality Works, independent of the other Works, provided that the maintenance provisions have been met. 1.4 The Tributary Stormwater Manaqement Works and Water Quality Works were issued a 'Certificate of Completion' dated July 31,1998. This initiated a four (4) year maintenance period, which expired on July 31,2002. The Works have been inspected and have been found to be rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Tributary Stormwater Manaqement Works and Water Quality Works. The Subdivision Agreement requires 720 ... .. ... ... ... .. .. .. ... .. .. ... ... ... ... ... ... .. .. - REPORT NO.: EGD-53-02 PAGE 3 - Council approval prior to the issuance of the 'Certificate of Acceptance' for the Tributary Stormwater Manaqement Works and Water Qualitv Works. - - Attachments: - Attachment 1 - Key Map - - - - - - - - - - - - - 721 - r ~ ~IEo1i~~W€~/~ 1.11 t= - [ \1 '/' '/~>I I-- - - - - - - f---- I-- I-- 1--. 1--1 I-- t= I-- IV II . .....~~ f--(\,\ -ll "'~ C ~.. /-" /=--,:~.,/ 11\~~ \ \\>.?'>", II d:>erlf.hili rlrl lD j\}d 'I T r'Y'i"~U, T .'.....1 =:.~.j c--- f------- - == - ,.--- .;, \ Water Quality /~\. Works _~I f-- I-- Q) I-- > I---]"C q~ 1------'1 "0 ' RU5~", t-------! ...... ' ----1. ~ ~/ \ ==1'$ I =3' II,. 1_____________ Baseline Road 1 I \1 ,,~.' I I \ I I I_.LJ \ ........( '. ~\; / T 1 ~ \(\~ I---- ~lpl~~~1 ~~1 #. / "'\/// - - - - L '-- ,-- '-- - - I-- I-- I-- I-- f-- f-- I-- I-- '- I 1--------- =11111 - - - - . - '. \ I- I /- - --- -- -- - 1LL - - '" - - '. I-- \ \ ~ - \ ~/ I · \, La ~ -==., r- - - - f------- I-- --- i-- 1--, '" ~/I I, c. .- I "0 t 1 n:l n:l. 0 ~l 0:: Tributary sio Imwater I Managemen Works IV W~F; s 1>(9. , ~~ 0' '6'~ \ \ I EngIneenng ServIces REPORT EGD-53-02 1---- \. ~-.7 .,r-, ...-,~, ATTACHMENT NO.1 Drawn By E. Llslnskl . .I L iL NOV. 2002 ... .. - .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. - -CI&inglOn REPORT - ENGINEERING SERVICES - Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DECEMBER 2, 2002 EGD-54-02 File #: RC.32.05 By-law #: LONGWORTH AVENUE EXTENSION - SCUGOG STREET TO REGIONAL ROAD NO. 57 PUBLIC INFORMATION CENTRE - RECOMMENDA TIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-54-02 be received; 2. THAT a copy of this report be provided to residents who attended the Information Centre; and - 3. THAT the subject project be rescheduled for commencement of construction in the Spring of 2003. - - - -; f i/(t01d-- Submitted by: Anthony Cannella, C.E.T. Reviewed by: Director of Engineering Services ()n~~~ Franklin Wu, Chief Administrative Officer - - WM* ASC*ce November, 25, 2002 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282 - -1 /.....? I J ", REPORT NO.: EGD-54-02 PAGE 2 1.0 INTRODUCTION On August 7, 2002, a Public Information Centre was held in Council Chambers of the Municipal Administrative Centre to present to the public alternatives for the improvement of traffic flow in the northwest area of Bowmanville. The proposals centered on extending Longworth Avenue from Scugog Street westerly to Regional Road No. 57 with options for alignment and grade also presented. This Public Information Centre was the second mandatory point of contact in the Municipal Environment Assessment process for the project, which began with a published Notice of Commencement in February 2000. The project is planned under Schedule C in accordance with the Class EA process. The lengthy time frame from commencement to the second point of contact was primarily the result of inactivity in getting the creek realignment works underway. In all, eight members of the public attended the centre and four registered at the meeting and gave written comments. In general, the response was favourable but concerns were raised particularly with respect to environmental issues related to the former landfill site located in the vicinity of the proposed road alignment. A copy of the register and the written comments are provided as Attachment NO.1. 2.0 BACKGROUND The pace of development within the Bowmanville Urban Area has put increased pressure on the road network and its ability to provide efficient movement of traffic. Consequently, a study was commissioned to review transportation needs within the context of the Official Plan of the Municipality of Clarington. This study, referred to as "Transportation and Implementation Study, Phase 1 - Bowmanville", confirmed that a major requirement of the future road network is an extension of Longworth Avenue (in four lanes) westerly to Regional Road No. 57. As a consequence of this, the Environmental Assessment process was commenced to implement this recommendation. 724 ... ... .. - - .. .. .. - .. .. .. .. - .. .. .. .. .. - REPORT NO.: EGD.54.02 PAGE 3 - In conjunction with the extension of Longworth Avenue, realignment of the Bowmanville Creek and construction of a large storm sewer outfall are also necessary. This undertaking was the subject of an earlier Environmental Assessment carried out by Sernas Associates but to date final approval for this work has not been received from the Department of Fisheries and Oceans and no construction has been undertaken. Completion of this work is the responsibility of Halloway Holdings Limited. Their obligations are documented in a Front-Ending Agreement they entered into with the Municipality in May of 1997. The Director of Engineering Services has had numerous discussions with representatives of Halloway Holdings Limited over the past year regarding the need to complete the creek realignment works in order to permit the extension of Longworth Avenue. These discussions have concluded with letters from both Valiant Property Management and their consultants Sernas Associates to the Director of Engineering Services. The letters commit Halloway Holdings Limited to complete the works in 2003 and define a schedule common to that of the Municipality for approvals and construction. Copies of the letters are included in this report as Attachment Nos. 4 and 5. - - - - - - - - - 3.0 PROJECT STATUS - In addition to the delay in the creek realignment, concerns were raised at the Information Centre, which have also affected the project schedule. - Comments raised at the Information Centre pertaining to the extent and content of the former landfill site have dictated that further field investigation be carried out to fully assess the conditions and implications of a larger landfill area than what has been determined to date. This investigation is ongoing and expected to be completed by December 13, 2002. - - - - We believe the landfill limits established in the report prepared by Soil Probe in April 1995 are accurate. The investigation in the vicinity of the proposed road works showed clean ground conditions. Further soils investigation for the project bridge foundations and road embankment construction is necessary however, and this is now being undertaken. With this field work, some additional probes are being advanced to satisfy - - 7iS L ~ REPORT NO.: EGD-S4-02 PAGE 4 concerns raised at the Public Information Centre in August 2002 with respect to the limits of the landfill area. In conjunction with the soils work, Mr. Lawrence Jackson, Co-Director, Advance Archaeology, has been hired to undertake additional archaeological assessment of the area. This work is currently ongoing and will be completed by December 20,2002. Following the above investigations and assessment of impact, the Environmental Study Report will be completed in accordance with the Environment Assessment process. A Notice of Completion will be published to advise Review Agencies and the General Public of the status of the project. It is anticipated that the Environmental Study Report will be on record by the second week of January 2003, barring unforeseen developments from the work currently under way. It is anticipated that Construction will commence in June of 2003. 4.0 PUBLIC COMMENT In all, eight alternative approaches were outlined in documentation at the Public Information Centre. The preferred alternative was presented as a high level bridge crossing of the Bowmanville Creek with two horizontal alignment options displayed for this approach. Verbal and written comments received at the Information Centre were generally favourable. The alternative of using Concession Road No.3 was suggested by at least one attendee as a viable alternative. There was urgency expressed by several residents from Jackman Road about the current state of repair of the Bailey Bridge which carries Jackman Road over the creek. In addition, removal of this structure was seen as a matter of urgency by those same residents. As previously mentioned, concern was expressed about disturbing the existing landfill site for channel realignment or excavation for structure foundations. The need to realign Bowmanville Creek drew the most concern, although it was not the focus of this 7" , , i!J ... - .... .. .. , .. .. .. .. .. .. .. .. - .. .. .. .. .. - REPORT NO.: EGD-54-02 PAGE 5 - - Information Centre and had previously been dealt with as a separate project through the EA process. - 5.0 CONCLUSION - While it was originally intended to start construction of the Longworth Avenue Extension in 2002, completion was always anticipated for 2003. Clarington staff still believe that even with the delay in obtaining project approvals, a Fall 2003 completion date is realistic. - - Attachments: - Attachment 1 - Notice of Public Information Centre and Key Map Attachment 2 - Information Centre Register Attachment 3 - Letter of Commitment on Channel Realignment with Schedule, Sernas Associates, Dated October 28, 2002 Attachment 4 - Letter of Commitment from Valiant Property Management, Dated October 31, 2002 - - Interested parties to be advised of Council's decision: - Evylin Stroud 89 Little Avenue BOWMANVILLE, Ontario L 1 C 1 J9 Bruce Cuthbertson 72 Jackman Road BOWMANVILLE, Ontario L 1 C 2C9 - - Mavis Carlton 119 Cove Road BOWMANVILLE, Ontario L 1 C 3K3 Chris Tomlinson 55 Jackman Road BOWMANVILLE, Ontario L 1 C 2E2 - - - - - - 72/ ATTACHMENT NO.: 1 REPORT NO.: EGD-54-02 MUNICIPALITY OF CLARINGTON LONGWORm A VENUE EXTENSION CLASS ENVIRONMENTAL ASSESSMENT SCUGOG STREET TO REGIONAL ROAD NO. 57 INCLUDING BOWMANVILLE CREEK BRIDGE CROSSING NOTICE OF PUBLIC INFORMATION CENTRE In order to provide adequate capacity in the Bowmanville transportation system to accommodate future growth, the Municipality of Clarington is undenaking a Municipal Class Environmental Assessment for the westerly extension of Longworth Avenue from Scugog Street westerly to Regional Road No. 57 including a crossing of the Bowmanvi11e Creek. The study will include the determination of a preferred route and the design of the proposed creek crossing and the westerly road approaches to the StnlCNre from Regional Road No. 57. The Study Area for the project is illustrated below: This project is being planned under Schedule C in accordance with the requirements of the Municipal Class Environmental Assessment. A Public Information Centre is planned to provide further infonnation to the public on the proposal and 10 receive input and comment from interested persons or agencies: Public Information Centre; Time: Date: Location: 4:00pm to 7:00pm Wednesday, August 7. 2002 Council Chambers of the Municipal Administration Centre 40 Temperance Street, Bowmanville Following the Public Information Centre, further comments are invited, for incorporation into the planning and design process of this project, and will be received until Friday August 30, 2002. For further information, please contact the following individuals: CONCESSION llCAD' Mr. A. S. Cannella, CET Director of Engineering Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Phone: 905-623-3379 ex-to 203 Mr. W. McCrae, P.Eng. Totten Sims Hubicki Associates 513 Division Street Cobourg, Ontario. K9A 4W4 Phone: 1-800-463-8046 F:\12.1(9)~\Puhlic\PIC NOl1<<.l\OC 728 ... .. ... .. ... , .. .. ... .. .. ... .. - ... - ; .. .. .. ... C' 8- N r- "t .. ::l <i - - - - - - ~ -w I- C/) -- CD w -~ - - - - - - - - z o I- C) z 52 < ..J ow LL.~~ Ol-(/) Z >-Ww t:OWW ~zi:J c..ow> (31->z -<< Z~J:<( :J~I-~ ~o~$ w~oo J:-3:""" l-oC)L.U LL.-Z o~o Z:J..J 00.. i= < ~ o 0.. ~ o o \g N 0 , "0 '<t a) c: l{) Q) ro .- 6 > Ol :;::: "'0 >- Z c.9 Q) '(ii 'C c: W W c: co 0 "0 ~ Q) >- E Q) I 1Il ~ c: <.) 0 Q) Q) (/) ~ 'iij > 0- <i Z I- ro a) CO ro 0 .- .- - 1Il .- W c: co Ol .8 .!!l <i 0:: Q) .... .~ 0 w E ::l Q) J: ~ (.) iii r-- OJ 0- Q) c: (.) 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I f- ro c (/) Q) 1Il OJ ;;., '> u 'c ::I > ro 2 .r: 0 W :2 co <.) 0 ~~nd Developmenl tr.ginccring Lnnd DeveloprnlnL Planning Municipal Engineering Slrviaes Trensparuuon & irenllt Planning Utility Intrntructuro Oeslgn Water Ruaurcu Engineering ATT ACHMENT NO.: 3 REPORT NO.: EGD-54-02 4 .. ~e~ A5~CCIATaS Q "'""-" pf TIlfI ,,,..,,.. .-011I MIC. I I ... 110 Scotia Court i .!106.&lI6'~ Unit 41 F.906.432.7m Whitby. ON semn.com t.1N8'r7 ... October 28, 2002 INEER ING Municipality of Clarington 40 Temperance Street Bowmanvtlle, Ontano L 1 C 3A6 OCT 3 0 2002 ~. R T ~,i E ;' j i ... Attention: Mr. A.S. Cannella. C.E.T. ... Dear Sir: Re: Bowmanvlll9 Cre9k Valley Works Municipality of Ctarington Our Protect No. 94010 .. .. We understand that the Municipality of Clanngton is proceeding with the design and construction of the Longworth Avenue bridge. The bridge piers and abutments are reliant upon Bowmanville Creek realignment works to be completed. The co-ordInation of these works were the subject of meetings on May 28, 2002 between Valiant Property Management and municipal staff, and en June 28, 2002 between the approval agencies - Central Lake Ontario Conservation (CLOC), Municipality of Clarington, Ministry of Natural Resources, Department of FlSheries and Oceans Canada (DFO), and the consulting engineer, Sernas Associates to revleW the process and sd"1edule for Longworth Avenue bridge and that of Bowmanvtlle Creek realignment works. These matters were also discussed at various times, the latest over the past several weeks, to confirm how tngs8 works will proceed. .. ... .. It was the condusion of the June 28. 2002 meeting and acknowledged by CLOC and the DFO. that the creek realignment design was acceptable in pnndple. A copy of the minutes of that meeting is attached. We have asked for CLOC and DFO to acknowledge this In writing to assist you in reporting to Council. .. ... We have prepared the following schedule for the creek realignment work to be undertaken by Valiant Property Management and to assist in co-ordinatlng the bridge works. ... Sowmanville Creek Realiqnment Phase I , ... Item 1. Descri t10n Design and sedIment monltonng program reviewed b Parrish GeomorQhic Drawin compilation b Semas Associates I November 21 2002 Semas to prepare Letter of Intent, Compensation November 29, 2002 : Agreement, Lakes and Rivel'5 Improvement Act \ Application to MNR. and application submission to CLOC/DFO \ Processing of gpplication and comp9nsation January 15. 2003 agreement by CLOC and DFO Prepare tender for Phases I and 1\ of Bowmanville February 15, 2003 \ Creek Reali nment Construction wori< i I... ... 2. 3. \ \ 4. ,5. III l July 15 - August 15, , \ 2003 (completion) ..I -7 "7 ,', I j U .. - - - - - - - - - - - - - - - - - - - Munlcipaltty of Clarington Mr. A.S. Cannella, C.E.T. October 28, 2002 Page 2 We trust that the foregoing will assist in the overall scheduling with the bridge construction. Should you require any additional information, please do not hesitate to contact the undersigned. Yours truly. SERNAS ASSOCIATES NIcK J. Mensink. P .Eng. Principal. General Manager NJMlbr Attch. -; 3 1 ATTACHMENT NO.: 4 REPORT NO.: EGD-54-02 ... C)Jalianl fPJ4(jper~ ./flanag.ernenl ... ~ I: GIN E E R I N G OCT;) 1 2002 177 NONOUON RO~(). 20th FLOOR. OSHAW.... ONTARIO ltG 3S2 ... Tile: (8OS) 671-1626 Fax: (805) 57M472 e-mail: valiantamocedline.cR ... October 31, 2002 ,- n · - - t- E" 1 cr;;t\I'~i r1: Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1 C 3 A6 ... .. Attention: A.S. Cannella, C.E.T. Dear Sir: .. Re: BowmanvilJe Creek Valley Works Municipality of Clar;ngton "1 .. Valiant Property Management acknowledges responsibility for the Bowmanville Creek Realignment Work summarized in the North Bowmanville Stormwater Management project noted in the front-ending agreement between Halloway Holdings Ltd. and the Muncipality of Clarington as H-A works. .. .. The valley works are contemplated to be undertaken in two stages: the first phase would act as a monitoring control section and would be proposed for the section of creek from the north limit to the proposed realignment southerly for-half the dSlance to the Hockin erosion site. This would provide the realignment to Bowmanville :reek in the area affected by Longworth A venue bridge construction. .. We are committed to meeting the schedule as per the attached correspondence forwarded by Sernas Associates (October 28th, 2002) including the timing for Phase V and VI (plan 18T-87057) registration and construction of the related over-the-tank. works presented in Sernas Associates correspondence of October 29lt1, 2002. ... - Please accept this as our undenaking to proceed with the work. ... ~urs tru~C& De~arke Executive Assistant - .. DC:pb cc: Nick Mensink-Sernas Associates .. BUILDING FOR YOU SINCE 1922 .. -, -; , I . ) I .J L ... l.. t .. Cl![fflgron I l.. i III REPORT i ... OPERATIONS DEPARTMENT Ir. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE .. Date: Monday, December 2,2002 .. Report #: OPD-14-02 File #: By-Law #: 1 .. i.. Subject: Bowmanville Main Branch Library/MAC Expansion Update ~, .. ~. III Recommendation: 1. THAT Report OPD-014-02 be received; .. ~ .' .. ~: .. Submitted by: ~ Reviewed by: ~~ ~ Frederic. ; B.A., RD.M.R, RRF.A. Franklin Wu, Director of Operations Chief Administrative Officer ;:?~--~--- {patricia Enright Library Director ... - 801 I..r REPORT NO.: OPD-014-02 PAGE 2 j J 1.0 BACKGROUND December 13 - January 10 December 20 January 3 January 10 January 13 - February 28 January 20 - February 28 March 3, 2003 March 10 - April 17 April 25 .~ J J J j j .J j J J J J J J J J J J As a follow up to report OPD-009-02 on May 21S\ 2002, regarding the construction of the Bowmanville Main Branch Library and expansion to the Municipal Administrative Centre, staff provides the following information as an update to the project. Construction has been progressing quite well and should meet the critical timelines in the approved construction schedule. The third and fourth floors of the addition and the renovated north end of level three of the Municipal Administrative Centre should be ready for substantial completion by December 13, 2002, as scheduled. The Library's first and second floors of the addition should be ready January 10, 2003 for substantial completion. 2.0 PROPOSED SCHEDULE The following is a tentative critical path for the duration of the project: 1. Substantial Completion of Addition 2. Voice and Data Cabling completion 3. Computer Division to Fourth Floor Addition 4. Planning Services Department to Third Floor 5. Renovation of second floor - existing building 6. Delivery of furnishings and furniture to Library 7. Opening of Main Branch Library 8. Renovation of first floor - MAC 9. Substantial completion of total project 8 () 2 ~;nd Developmenl tr.ginccring land Developmlnt Pllnnin\l Municie>al tnginetring SlrviclS Trensparuuon & Trenllt PI'Ming Utirrty Intrulructuro Design Weter RUDurcU Engineering ATTACHMENT NO.: 3 REPORT NO.: EGD-54-02 .. ~e;:u.lAS A5~CCIA"'S Q '"""-" !If n.. ,,,..,,., nlll tIC. ',0 Scolie Court T .906.&86'~ Unit., F.906.4J2.7m Whitby, ON semn.com L1NrY7 ... ... October 28, 2002 INEER ING Municipality of Clarington 40 Temperance Street Bowmanvllle, Ontano L 1C 3A6 OCT 3 0 2002 - ~. R T ~.i E : i T Attention: Mr. A.S. Cannella. C.E.T. - Dear Sir: Re: Bowmanville Creek Valley Works Municipality of Clarington Our Prolect No. 94010 - We understand that the Municipality of Clanngton is proceeding with the design and construction of the Longworth Avenue bridge. The bridge piers and abutments are reliant upon Sowmanville Creek realignment works to be completed. The co-ordination of these works were the 5ubJect of meetings on May 28, 2002 between Valiant Property Management and municipal staff; and on June 28, 2002 between the approval agencies - Central Lake Ontario Conservation (CLOC), Municlpallty of Clarington, Ministry of Natural Resources. Department of FlSheries and Oceans Canada (DFO), and the consulting engineer, Sernas Associates to review the process and schedule for Longworth Avenue bridge end that of 80wmenvtlle Creek realignment works. These matters were also discussed at various times, the latest over the past several weeks. to confirm how ~9Se works will proceed. - - - - It was the condusion of the June 28, 2002 meeting and acknowledged by CLOC and the DFO, that the creek realignment design was acceptable in principle. A copy of the minutes of that meet\ng is attached. We have asked for CLOC and DFO to acknowledge this In writing to assist you in reporting to Counol. We have prepared the following schedule for the creek realignment work to be undertaken by Valiant Property Management and to assist in co-ordinattng the bridge works. - - - 80wmanville Creek Realiqnment Phase I .- Item 1. Descri tlon Design and sediment monltonng program reviewed b Parrish Geomofl;1hic Orawin compilation b Semas Associates I November 21 2002 Semas to prepare Letter of Intent. Compensation November 29, 2002 : Agreement. Lakes and Rivers Improvement Act \ Application to MNR. and application submission to CLOC/DFO \ Processing of application and compensation January 15, 2003 agreement by CLOC and DfO Prepare tender for Phases I and 1\ of Bowmanville February 15. 2003 i Creek Reali nment Construction work - - 2. 3. i I_ I 4. - .5. \ I July 15 - August 15, i 2003 (completion) .6 -7 --:7 .., / j U - ~ ~ " ~ .. ~ I ... ... ... ... ... .. Cl: -w t- _Cl) - C) ..w Cl: ... ... ... ... .. .. .. ., z o ... C) z 0:: <( ...J ow LLQ::Q:: O"'(/) >-ZW ...W _OWW ...JZ::)....J ~OZ....J oi=~> _<(<(Z ~:!:I:<( :!Q::...~ Wf2Q::S :I:Z~O ...->""" LLOC)LU O~Z ZC:OO O::)...J _D.. ... <( Q:: o D.. Q:: o o r I I I I I 1Q) > ..... 'ii) C Q) (/) (/) ... >. ttl I I 11 :I: \ ~E en Q)C ... ~e Z ~'> W I 0 ffi ~ I 11~ o ~ CC o .E 0) 0 :! ~ ~~ O 1:503 ~o. co :> "0 E Q:: a. :> C .- LL ,~~ co :5 >- ro Q) - C .~ Q:: c:S-o -aQ)c <(-0 Q)CO Q) Iii~~ II::: Q)EEl::-e..coQ) -=E C 0 ~ Q) C .= N :!....e_Q)>O> ::) ~ '> .!; 0. 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LU,OO..c' ,,'c :J II.....J 0 Cf) 51E Q) 0"0 iii ICLlo ~Ii::l M ~ M o 0) o N o N LU N o o __ 'C Q) co ~ C UjO 0) <Ii 0::: 0)> :J C (.) co Cf) E .... ~ to 0 ....,.!E I \ ~~1 0' Z~ ~' zO LUC) ~LU I' 00 ~z ~I~ o CL LU 0:: \ I \ II III - w :! <( Z c: "0 0 2 :J c: I- 0 ..9 Q) C I- C Uj -.: .0 0 co ro .!: (/) 0) .S U ::; .!; 'C U .... LI ;;., (/) E co > 'S; Q) 0 U W ro u ~ :2 I :J (/) 72S l- (/) ro co I .... 0) .!: I :J U 0 0 I J ..- .....J o 'C "0 co co ..... o c: 0:::0 C ai' co ::: E > ~ C (.) co co E J ~ N 0 ......co .... .....J o 'C "0 co co..... o C 0:::0 C <Ii co ::: E > ~ C (.) co co E J ~ LO 0 LOCO - - - - - - - - - - - - - - - - - - - Munic:ipaltty of Clarington Mr. A.S. Cannella, C.E.T. October 28, 2002 Page 2 We trust that the foregoing will assist in the overall scheduling with the bridge construction. Should you require any additional information, please do not hesitate to contact the undersigned. Yours truly, SERNAS ASSOCIATES NICI< J. Mensink. P .Eng. Principal. General Manager NJMlbr Attch. 7 ) \ ATTACHMENT NO.: 4 REPORT NO.: EGD-54-02 ... CJJ.aLianl fjJf<c9pet'k, ~l ... ~ !: GIN E E R I N G OCT;) 1 2002 177 NONOUON RO",O. 20lh FLOOR. Osw.WA. OHTAFUO ltG 3S2 .... Tela: (8OS) 6N-1626 Fax: (8OS) 57MC72 e-mail: valjant~Deedline.cR ... October 31, 2002 ,. n · - - I' E" 1 cr;;hit, f'~ Municipality of Clarington 40 Temperance Street Bowmanville, ON LIC 3A6 - - Attention: A.S. Cannella, C.E.T. Dear Sir: .. Re: Bowmanville Creek Valley Works Municipality oj ClaTington ", ... Valiant Property Management acknowledges responsibility for the Bowmanville Creek Realignment Work summarized in the North Bowmanville Stormwater Management project noted in the front-ending agreement between Halloway Holdings Ltd. and the Muncipality of Clarington as H-A works. .. .. The valley works are contemplated to be undertaken in two stages: the first phase would act as a monitoring control section and would be proposed for the section of creek from the north limit to the proposed realignment southerly for.halfthe distance to the Hockin erosion site. TIlls would provide the realignment to Bowmanville Creek in the area affected by Longworth A venue bridge construction. .. We are committed to meeting the schedule as per the attached correspondence forwarded by Sernas Associates (October 281h, 2002) including the timing for Phase V and VI (plan 181-87057) registration and construction of the related over-the-bank works presented in Sernas Associates correspondence of October 29th, 2002. - ... Please accept this as our undertaking to proceed with the work. ... ~r tru~~ De~arke Executive Assistant .... ... DC:pb cc: Nick Mensink-Sernas Associates .. BUILDING FOR YOU SINCE 1922 ... 7?) I .J L .. i.. i ... Clw:jggron i, .. ! .. REPORT i.. OPERATIONS DEPARTMENT f II. ~ II. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 2,2002 i II. Report #: OPD-14-02 File #: By-Law #: i L. I ... Subject: Bowmanville Main Branch Library/MAC Expansion Update ~ .. 1 .. Recommendation: 1. THAT Report OPD-014-02 be received; , L. i.. l , ... Submitted by: ~ Reviewed by: G..fUAJZP ~ ~ Frederic. ; B.A., RD.M.R, RRFA Franklin Wu, Director of Operations Chief Administrative Officer K~-'----- {patricia Enright Library Director ... It. I ... 801 REPORT NO.: OPD-014-02 PAGE 2 j J 1.0 BACKGROUND December 13 - January 10 December 20 January 3 January 10 January 13 - February 28 January 20 - February 28 March 3, 2003 March 10 - April 17 April 25 ~ J J j j J .J .J J J J j j J J J j J As a follow up to report OPD-009-02 on May 21S\ 2002, regarding the construction of the Bowmanville Main Branch Library and expansion to the Municipal Administrative Centre, staff provides the following information as an update to the project. Construction has been progressing quite well and should meet the critical timelines in the approved construction schedule. The third and fourth floors of the addition and the renovated north end of level three of the Municipal Administrative Centre should be ready for substantial completion by December 13, 2002, as scheduled. The Library's first and second floors of the addition should be ready January 10, 2003 for substantial completion. 2.0 PROPOSED SCHEDULE The following is a tentative critical path for the duration of the project: 1. Substantial Completion of Addition 2. Voice and Data Cabling completion 3. Computer Division to Fourth Floor Addition 4. Planning Services Department to Third Floor 5. Renovation of second floor - existing building 6. Delivery of furnishings and furniture to Library 7. Opening of Main Branch Library 8. Renovation of first floor - MAC 9. Substantial completion of total project 8 () 2 ! .. REPORT NO.: OPD-014-02 PAGE 3 f .. l 3.0 CONCLUSION t , ... The project is proceeding on schedule and on budget at this point of construction. The work completed to date is in compliance with the Ontario Building Code and the approved drawings and specifications. Staff will continue to keep Council aware of the progress and of the schedule as well as the budget as we approach substantial completion of the project. l .. .. ( ... ~ L L ! .. L L f i I.. L I r l ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~ 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433 nn7 j j J j J j J j j J j j J J j J J j J i; ~ '- ~Clw;mgron !' .. REPORT CLERK'S DEPARTMENT I.. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE , i j ... Date: December 2, 2002 Report #: CLD.55.02 FILE# By-law #: II. I.. Subject: DELEGATION OF JANET LANGE - HUMANE SOCIETY OF DURHAM REGION f ~ RECOMMENDATIONS: L It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ... 1. THAT Report CLD-55-02 be received for information; and , , ! .. 2. THAT Janet Lange be forwarded a copy of Report CLD-55-02. L ~ , ... L u~~~~ I I.. Reviewed by: Franklin Wu, Chief Administrative Officer l PL8*MKS*dm ~ k - ~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 9.05-623-6506 · 1 1;~' 1. " \ I ; I. r i.. REPORT NO.: CLD.55.02 PAGE 2 of3 BACKGROUND: At a Council meeting held on October 28,2002, Council passed the following resolution: "THAT the delegation of Janet Lange regarding the Humane Society of Durham Region be referred to the Clerk's Department for preparation of a Report." The Humane Society of Durham Region receives no funding from the City of Oshawa or the Region of Durham and are responsible for their own existence which is done through donations, fund raising and adoptions. They are governed by a Board of Directors which is elected at an annual meeting. Their only obligation as an affiliate shelter, is to submit monthly reports on cruelty investigations to the head office of the Ontario Society for the Prevention of Cruelty to Animals in Newmarket. Their status of an affiliate shelter means they are governed by the Ontario Society for the Prevention of the Cruelty to Animals Act. Cruelty investigations encompass domestic animals, agricultural animals and wildlife. There is no mandate from head office on shelter standards or operational processes as these fall under the jurisdiction of their Board of Directors. The Humane Society of Durham Region has one inspector and three active agents; other agents can be called upon if so needed. All agents are trained prior to their being able to undertake investigations. They are authorized to lay charges under the Criminal Code, can issue warnings or orders and can remove animals in extreme cases. In addition to the above noted shelter staff, they rely on the help of many volunteers. They also do public education on pet care and dog bite prevention and will take animals for adoption from owners who no longer want their pet or are not able to keep them. They accept dogs, cats, birds, rabbits, hamsters, rats, mice and other small mammals. Adoptions are handled at their shelter which is located at 199 Waterloo Street, Unit 2, Oshawa and at Petcetera in Ajax. The Clarington Animal Shelter staff often interact with the Humane Society Members. If we have a special animal that needs more expensive veterinary care than we can provide, we call on the Durham Humane Society to see if they can take the animal for us. 1 1 02 J .J J j J j j j j j J J j . J J j j j .J ~ l.. REPORT NO.: CLD-55-02 PAGE 3 OF 3 .. So far this year, they have accepted two cats which needed leg amputation from our shelter. They took a litter of thirteen very young kittens which had been dumped in a box in the rain, outside the Clarington Animal Shelter. They also took an elderly Cocker Spaniel and a very senior Calico Cat for which we were unable to find a home. They have also helped our staff with fostering homes for two litters of kittens not yet weaned. Z ! l.. ... L Animals which are abandoned inside houses or apartments fall within the jurisdiction of the Durham Region Humane Society. They also take exotic animals and often care for animals where the owner is hospitalized or incarcerated. They conduct adoption referrals for the Clarington Animal Shelter and also investigate cruelty complaints throughout the Region of Durham. The Ontario Society for the Prevention of Cruelty to Animals Act gives authority to the Humane Society of Durham Region staff to enter private property for matters of cruelty to animals whereas the staff of the Clarington Animal Shelter Staff have no statutory authority to do so (see Attachment A "Humane Society of Durham Region" pamphlet). , ~ ~. ~' I .. , 1. I. In conclusion, the Clarington Animal Shelter and Humane Society of Durham Region staff often l interact and will continue to work closely with the goal of providing excellent care for our animals, returning lost pets to their owners or finding them good homes. f. II. I r .. Attachment A - "Humane Society of Durham Region" Interested parties to be advised of Council's decision: ... Janet Lange 2 Shoreview Court Bowmanville, ON L 1 C 3V2 l t I.. \ { ~ ... 1 ) 03 I. .n. . c o e_ ... a. o c o e_ ... o c o Q .n G) E E o ?- m o .. A. 1-. G) Q) .. c ::) - ~ >.. +- Q) e_ U o en '+- Q) 0 t: o E ~ :r: t: o e- O) Q) ~ E o ..c '- ~ o I ::I :I:. u -5 B 0/) 'S ft i:l c:: 0 .g .~ .B~ '" .8 c::.ft o -E '::1 ::l g.Q ;."..... c:: 0 ft ,e.; 8 u u '0. ~ J5 u u t c:: ~ e u -5. -5 ~ .~ -5 u e ~.c ~~ .0 0 5; U :u c::..s:: o U '::1 ~ S ft .g E UJ:l .~ c:: Q.g c:: ft o c:: <:.g . it en J -- - -a :;) N .- J c: :;l: .... CD 0 rIJ '2 E E E E E E E rIJ rIJ -- >0- f ~.g a.. 0.0.0.0.0.0.0. .. 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B iG;' a: f ~ e o u ~ ..d '-l .g ~ d ~ e 1 1 105 J j j j j J .J J J J J j J '.' 6 .J J J J J .-,. j . :~;'~~, '1 .,~i , ' . . \ i .. ~Cl&:mgron .. REPORT .CLERK'S DEPARTMENT ~ Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE .. Date: December 2,2002 Report #: CLD-057 -02 File #: By-law #: i.. Subject: DEPARTMENTAL CHAIRS AND VICE-CHAIRS ~ RECOMMENDATIONS: .. It is respectfully recommended to Council the following: , .. 1. THAT Report CLD-057-02 be received; and 2. THAT the departmental Chairs and Vice-Chairs be continued for the year 2003. ... .. 1. I .. Submitted by:.. Q~~~ v ... i ... Reviewed by: Franklin Wu, Chief Administrative Officer 1. PLB*hk ... i.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 4Q TF.=MPER,A!"C,= STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 - . . } . . 1 1 n A i ~ . f .... REPORT NO.: CLD-057-02 PAGE 2 of3 j j J j j .J J j J J J j .J J J J J j J On December 10, 2001, Council adopted the recommendations contained in Report CLD-026-01, which approved the order of the agenda for the General Purpose and Administration Committee meetings and the appointment of the members of Council as Chair and Vice-Chair of the various departments. In adopting the recommendations, the Chairs and Vice-Chairs were approved for a period ending December 2002. It is now necessary to approve the appointments for 2003. It is staff's recommendation that the Chairs and Vice-Chairs remain the same as they were for 2002, ie: Planning Services Department Chair Vice-Chair - Councillor Jim Schell - Councillor Jane Rowe (January to April 2003) - Councillor Gord Robinson (May to August 2003) - Councillor Pat Pingle (September to December 2003) Engineering Services Department Chair Vice-Chair - Councillor Don MacArthur - Councillor Pat Pingle (January to April 2003) - Councillor Charlie Trim (May to August 2003) - Councillor Jim Schell (September to December 2003) Operations Department Chair - Councillor Charlie Trim Vice-Chair - Councillor Gord Robinson (January to April 2003) - Councilor Pat Pingle (May to August 2003) - Councillor Don MacArthur (September to December 2003) Emergency Services Department Chair Vice-Chair - Councillor Gord Robinson - Councillor Charlie Trim (January to April 2003) - Councilor Don MacArthur (May to August 2003) - Councillor Jane Rowe (September to December 2003) Community Services Department Chair Vice-Chair - Councillor Jane Rowe - Councillor Don MacArthur (January to April 2003) - Councilor Jim Schell (May to August 2003) - Councillor Charlie Trim (September to December 2003) 1 1 07 " , <, ... REPORT NO.: CLD-057-02 PAGE 3 OF 3 ~ Clerk's Department .. Chair Vice-Chair - Councillor Pat Pingle - Councillor Jim Schell (January to April 2003) - Councilor Jane Rowe (May to August 2003) _ Councillor Gord Robinson (September to December 2003) t' .. .... Corporate Services Department .. Chair Vice-Chair - Mayor John Mutton - Deputy Mayor ~ Finance Department ... Chair - Mayor John Mutton Vice-Chair - Deputy Mayor .. Chief Administrative Officer's Department , i ... Chair - Mayor John Mutton l... ~ .. I .. ~ .. ~ I .. ... ! .. l l ... 1 1 08 (~ .. J J j j J 1 j J J J j J J j j J J j j ... ~1.!J!mgron .. REPORT CLERK'S DEPARTMENT I: ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE lilt Date: December 2,2002 f .. Report #: CLD-58-02 File #: By-law #: " [ lilt Subject: AMENDMENT TO MUNICIPAL FIREARMS BY-LAW l.. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report CLD-58-02 be received; and L. 2. THAT the by-law attached to Report CLD-58-02 to amend By-law 2001-52 be forwarded to Council for approval. .. J i' .. ! I ... Submitted by: /--~~ ~,e u ~q, , L. .. Reviewed by: Franklin Wu, Chief Administrative Officer , i iI. PLB*LC*ct ~ ... h ... [ ! I.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1 1 ('I q REPORT NO.: CLD-58-02 PAGE2of2 BACKGROUND AND COMMENT The Municipality's Firearms By-law establishes setbacks for the discharge of firearms and defines firearms that are regulated within the by-law. Recent incidents have brought to light deficiencies in the by-law which need to be addressed. Staff have received complaints from members of the public using the municipal trails. Hunters have been discharging their firearms adjacent to and in one case across one of the municipal trails. While there are issues of careless use of a firearm which are police matters, there is also the problem of restricting firearms away from the various trails in the Municipality. As Council is aware the Waterfront Trail runs east to west near the shore of Lake Ontario. In some sections however the trail is set significantly north of the shoreline thus placing it outside the 300 metre setback from the high water mark. In the north, the Oakridge's Trail runs along unopened road allowances. Given the effective range of hunting rifles, staff are suggesting a setback from the trails of 300 metres. Also, staff have received complaints concerning the use of paintball guns near residential and commercial properties. The guns have a short effective range but the damage to property from the paintballs exploding on impact can be significant. Staff is therefore recommending that they be restricted in the same manner as any other firearm. This is most easily accomplished by amending the definition of firearm in the by-law to include paintball guns. 10 J j J J j J j J J J j J J J j J J J J , i.. \ 1.. THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON ~. i .. BY-LAW 2002- L Being a by-law to amend By-law 2001-52, being a By-law to prohibit and regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long-bows in the Municipality ofClarington , L WHEREAS Section 210(36) of the Municipal Act R.S.O. 1990 chapter M45 provides that for the purposes of public safety By-laws may be passed by the Council of a local municipality for the purpose of public safety for prohibiting or regulating the discharge of guns or other firearms in the municipality; .. ~ L. AND WHEREAS the Corporation of the Municipality ofClarington deems it advisable to amend By-law 2001-52; & .. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Subsection 1 (g) is deleted in its entirety and is replaced with the following: 1 (g) "firearm" includes firearm as defined in section 2 of the Criminal Code R.S.C. 1985 c. C-46, as amended and includes any air-gun, spring-gun, crossbow, long bow, compound bow and an air gun capable of discharging capsules of paint or a similar material. .. L . ... , ~ .. 2. Section I is further amended by adding the following: (r) "approved walking or hiking trail" means any trail system approved or authorized by municipal Council. f I .. 3. Subsection 2(1) is amended by adding thereto the following: ( e) three hundred metres from any portion of an approved walking or hiking trail. I t .. L By-law read a first and second time this day of ,2002 L By-law read a third time and finally passed this day of ,2002 I t l... MAYOR \ I' ... MUN1CIPAL CLERK L , .. c _ i. ~.. ~ . . J J J J J J J J j J J J J j ] J J J J \ ! .. ~lm:-mgron .. REPORT CLERK'S DEPARTMENT t i l.. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE \ ! ... Date: December 2,2002 l.. Report #: CLD-059-02 File #: By-law #: I S t ubject: .. MUNICIPAL ACT, S.O. 2001 t t ... RECOMMENDATIONS: I i ... It is respectfully recommended to the General Purpose and Administration Committee the following: 1. THAT Report CLD-059-02 be received; and l 2. THAT one-third of the remuneration paid as annual allowances to the Mayor and Members of Council continue as expenses incident to the discharge of their duties, in accordance with By-law 98-178. ... i .. Submitted b~:' ()l~~ ~, Reviewed by: Franklin Wu, Chief Administrative Officer ... i 1 ... L I PLB*hk ... .. ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANC:F STREET BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 ; ,.,' " .', '. 1 1 1 2 .' : ' ," 1 , ' L REPORT NO.: CLO-Q59-Q2 PAGE 2 of 10 BACKGROUND AND COMMENT: 1.0 BackQround As members of Council are aware, a new Municipal Act (the Act) received Royal Assent on December 12, 2001 and comes into effect on January 1, 2003. Because the Act encompasses so many activities of the municipality, this report is provided as an overview; as specific actions are undertaken, information will be brought forward in the individual reports outlining how the new Act is being complied with. We have been advised that up to 100 regulations will be filed to augment the legislation. To date, seven have been filed. Therefore, there are still a great number of unknowns. Staff will be reviewing and addressing the additional regulations as they become available. It is understood that the Ministry will be conducting training sessions at the time the regulations appear. The current Municipal Act, which was enacted 150 years ago, is a prescriptive piece of legislation, allowing municipalities to do only those things specifically set out in the legislation. Under the current Act, if a municipality wishes to do something, it has to determine if the authority to undertake that action is provided in the Act. In theory, a municipality as a corporation created by statute has only those powers that are expressly or by necessary implication delegated to it by provincial legislation. Under the new Act municipalities are deemed to have the capacity, powers, etc. of a natural person. Consequently, the new Act allows an action to be undertaken by a municipality unless there is a restriction on the action set out in the new Act or other statute. Rather than searching for authority to act, we must now determine whether the Act prevents specific actions. If it does not prevent specific actions, municipalities may undertake them. Therefore, to a limited extent, the powers that may be exercised by a municipality under the new Act will be increased. 2.0 Purposes of Municipalities Section 2 of the Act outlines the purposes of a municipality as being created by the Province of Ontario to be responsible and accountable government with respect to matters within their jurisdiction and each municipality is given powers and duties which include: · To provide the services and other things that the municipality considers are necessary or desirable for the municipality · To manage and preserve the public assets of the municipality · To foster the current and future economic, social and environmental well-being of the municipality · To deliver and participate in provincial programs and initiatives. 1 1 1 3 " .....~ . 1'. J j J J J J J J J J j J J J J J J J J ! .. REPORT NO.: CLD-059-02 PAGE 3 OF 10 iI. ,; , .. This approach is accomplished through the use of three key concepts: f .. Natural Person Powers Spheres of Jurisdiction Specific Municipal Powers 2.1 Natural Person Powers . . . lit , ... Under the current Municipal Act, a municipality is a statutory corporation whose powers are limited to those expressly or by necessary implication assigned to it by provincial legislation. In contrast, under provincial legislation, a business corporation is deemed to have the capacity and powers of a natural person, that is a human being, except to the extent of restrictions set out in provincial legislation. The result is that the range of situations in which a business corporation's acts will be declared by the court to be beyond its powers and void is very limited, while the courts are much more active in declaring a municipality's acts to be beyond the powers delegated to it under provincial legislation. III .. .. The new Municipal Act deems each municipality to have capacity, rights, powers and privileges of a natural person of the purpose of exercising its authority. However, instead of simply deeming a municipality to be a natural person and to be subject only to those laws which apply to natural persons such as the Criminal Code and the Environmental Protection Act, the new Municipal Act restricts municipalities and the powers they may exercise by provisions respecting spheres of jurisdiction and restrictions on municipal powers. ... ... ... In theory, under the new Municipal Act, municipalities will be brought closer to business corporations in law. In practice, however, the acts of municipalities are likely to be only marginally less vulnerable to attack before the court than the acts of municipality is under the current Municipal Act. ~i .. The new Municipal Act natural person provision is important in another respect. One can expect that over time new challenges and opportunities for municipalities will open up as a result of economic, social or technological change that is unpredictable today. By deeming municipalities to have the capacity and powers of a natural person, municipalities should be able to respond relatively more quickly and more effectively to change when it occurs since they will not have to petition the province for new powers and authority before undertaking such actions. .. j .. t lit 2.2 Soheres of Jurisdiction .. The Act gives the municipality the general power to govern in ten areas which are referred to as spheres of jurisdiction. Lower-tier and upper-tier municipalities may pass by-laws respecting matters within the spheres of jurisdiction described in the table which is included as Attachment No.1 to this report, subject to certain provisions. If the sphere or part of sphere is not assigned to an upper-tier municipality, it cannot pass ! ... j- .. 1 1 1 .11 REPORT NO.: CLD.()59.()2 PAGE 4 OF 10 by-laws under that sphere. If the sphere is assigned exclusively to the upper-tier municipality, the lower-tier municipality cannot pass by-laws under that sphere. If the sphere or part of a sphere is assigned non-exclusively, both upper and lower-tier municipalities can pass by-laws under the sphere. It will be necessary for a review of all of the municipality's by-laws to be undertaken to determine whether authority still exists for the passage of the by-law. Part II of the Act places certain restrictions on the exercise of general powers allocated to upper-tier and lower-tier municipalities by the spheres of jurisdiction. 2.3 Specific Powers Part 11\ of the Act, grants specific powers not necessarily included in the Spheres to municipalities. Many of the provisions of Part III provide conditions that must be satisfied before these powers can be exercised. 3.0 Requirement of Notice In the new Act, there are numerous references to having to give public notice in some form. Some references require the giving of notice, while others require a public meeting to be held. Further guidelines will most likely be included in the upcoming regulations. In order to provide guidance in this regard, a by-law will be brought forward to outline a notice procedure for the municipality. 4.0 Practices and Procedures The new Act clearly sets out the roles of the head of council, the council and the administration as follows: . Head of Council (a) To act as chief executive officer of the municipality (as in the previous Act); (b) To preside over council meetings; (c) To provide leadership to the council; (d) To represent the municipality at official functions; and (e) To carry out the duties of the head of council under this or any other Act . Council (a) To represent the public and to consider the well-being and interests of the municipality; (b) To develop and evaluate the policies and programs of the municipality; (c) To determine which services the municipality provides; (d) To ensure that administrative practices and procedures are in place to implement the decisions of council; (e) To maintain the financial integrity of the municipality; and (f) To carry out the duties of council under this or any other Act. , 1 1 1 5 -Ill J j J J J J j j J j J J J J J J J j J , t .. 1 .. REPORT NO.: CLD-059-02 PAGE 5 OF 10 .. . Administration , .. (a) To implement council's decisions and establish administrative practices and procedures to carry out council's decisions; (b) To undertake research and provide advice to council on the policies and programs of the municipality; and (c) To carry out other duties required under this or any Act and other duties assigned by the municipality. i ... t .. This subject was dealt with more fully in Report ADM-06-02 which was presented to the General Purpose and Administration Committee on June 17, 2002. ~ .. 4.1 Lame Duck Council ... With the old Act, Council was restricted from carrying out certain acts after voting day, which is legislated as the second Monday in November of an election year (for 2003, this date is November 10). The new Act has amended this to be nomination day. Bill 177, which received third reading November 25, 2002, moves Nomination Day to Friday, the 45th day before voting day (September 26 for the 2003 election). Accordingly, the "lame duck" council period is relatively longer with the new Act. .. \ ... During this timeframe, Council cannot appoint or remove officers or hire or fire employees, dispose of real or personal property with a value over $50,000 or make any expenditures or incur a liability over $50,000. If the disposition or liability was included in the most recent budget adopted by the council before nomination day, the action can be proceeded with during this period. , .. ... 5.0 LicencinQ ! ... Unlike the provisions of the old Municipal Act, the new Act provides a wide spectrum of situations and opportunities for municipalities to licence and regulate businesses and trades. However, unless otherwise provided in the Act, a by-law can only be enacted if it is in response to one of the following needs: .. f .. . health and safety nuisance control consumer protection . . .. Any new by-law must contain an explanation of the reason why the municipality is creating the by-law and which of the three approved needs the by-law will address. Prior to the passage of a licencing by-law, the municipality must hold at least one public meeting to allow for input on the proposed by-law. Fees to be charged for licences shall not exceed the costs directly related to the actual administration and enforcement of the by-law. These costs may include the cost of preparation of the by-law, inspections and enforcement and prosecution of offences. A by-law passed under the provisions of the new Act shall expire five years after its passage unless it is repealed and replaced sooner. 1 1 1 6 .. ... ... REPORT NO.: CLD-059-02 PAGE 6 OF 10 The Act allows for a municipality to enter into an agreement with one or more municipalities to arrange reciprocal licencing agreements. This agreement would allow one municipality to issue a business licence on behalf of another or allow one municipality to recognize the other's licence as valid within both municipalities. The agreement can also speak to the sharing of services and payment of costs related to the enforcement of the by-law. As an alternative to licencing, a municipality may choose to register a business, trade or occupation. Requirements for notice and grounds for the enactment of the by-law remain the same as with licencing, however, registration does not require the inspection of the vehicles or premises involved nor does it involve any municipal fees. As with licencing, a registration by-law expires after five years. The municipality is required to maintain a list for public inspection documenting all the classes of businesses licenced and registered and the amount of all fees related to the licence and how those fees were arrived at. Staff is working on the compilation of this list. Staff is currently reviewing all licencing by-laws and will be reporting to Council in the near future. 6.0 Impact of the New Municipal Act upon the Finance Department 6.1 General Provisions Finance staff have reviewed the relevant sections of the new Act to determine the provisions that affect the policies and procedures currently carried out by the Finance Department. The Municipal Finance Officers Association has done significant work in this area to assist its members in determining changes that need to be made. The following represents a summary only of the significant items that need to be reflected in the Finance Department's revised responsibilities. Some items in the Act are of a housekeeping nature only and simply reflect the current practice that takes place in many municipalities. For example, references to the Clerk have been removed in the provisions affecting the tax roll and tax information. The Treasurer has replaced the reference to the Clerk in these areas because tax information has been handled by the Treasurer in many municipalities for many years. The summary below includes items that require a change in process or policy. Section 150(9) Descri tion and Comments License fees: . Cost recovery only; . Reporting requirements may be regulated for finance staff to follow effective Janua 1, 2003. Procurement olic now re uired effective Janua 1, 2005. One-third tax-free status B -law re uired rior to Janua 1, 2003. 271 283 1 1 1 7 j j j J .J J j j J J J J J J j J J J '. ..J ,. .. f .. REPORT NO.: CLO-Q59-Q2 PAGE 7 OF 10 .. 284(1 ) " 291 .. 292 III 294(1 )(2) \ 299 III .. 300(1 )(2) 304 326 345(6) 347(2) 357(4 ) i.. III ~ , .. I .. 373(1 ) l. 378(1 ) 379(5)(b) 1 l.. Statement of remuneration of Councillors due date extended from Februa 28 to March 31. Public notice re uirements for bud et meetin s. Changes to financial reporting requirements by Ministry affecting surplus/deficit (ie. Public Sector Accounting Board) may be phased in sub'ect to re ulations. Treasurer (formally Municipality) now guilty of an offence if the Financial Information Return not submitted to the Province. "Objectives and standards" added to efficiency and effectiveness for potential new performance measures to be added to the Municipal Performance Measures Pro ram. Requirement to annually table report on efficiency and effectiveness im rovements. Re ulations will follow. Permits use of collection a enc for tax collection. New s ecial area rate rovisions to consolidate former sections. Municipality must pay interest on overpayments resulting from munici al errors. This was formerl 0 tional. Partial tax payments may be applied to earlier or later years. Formerl ,it was re uired to be a lied a ainst earliest ears. Treasurer now has until April 30 of year following tax year to apply to MPAC if gross manifest error for municipal property. Formerly there was no deadline With respect to registration of tax arrears certificates: . Improved land 3 years in arrears - tax sale; . Vacant land chan ed from 2 to 3 ears. Extension agreements can now be entered into with spouse or other arties with an interest, not 'ust owner. Treasurer may choose not to vest a property in the name of the Municipality if a tax sale is unsuccessful. This can affect roceedin s relatin to contaminated ro erties. III 6.2 Proposed ChanQes to the New Municipal Act L Bill 177, which has recently passed, changes some of the provisions indicated above. They are primarily of a housekeeping nature only with two notable exceptions. Section 347(2) above is changed to note that application of tax payments will be to interest first, oldest to newest, then to tax, oldest to newest. ~ .. The other change is to add a new section to allow the Treasurer to delegate powers with respect to tax collection and to repeal Section 473(2) regarding the Tax Collector deemed to be Deputy Treasure as of January 1, 2003. The intention is to allow the Treasurer the option to delegate some authority back to the tax collector. .. .. l. 18 :. ,0 I . REPORT NO.: CLO-059-02 PAGE 8 OF 10 6.3 Applicable Reoulations Filed in Coniunction with the New Municipal Act The Municipal Finance Officers Association with the assistance of the Ministry of Municipal Affairs and Housing prepared the following summary of the new regulations that would have an impact upon Clarington. 6.3.1 Leasino - Reoulation 266/02 . Provisions with respect to council approval, lease terms and notification of upper tiers apply to all leases extending beyond the current term of council. Leases ending within the current term of council may be deemed to be "material" at the discretion of the treasurer and accordingly subject to reporting requirements. . Leases are required to include a schedule of payments of all fixed amounts (if applicable) that are required under the terms of the lease as well as under any extensions or renewals. . Prior to council approval the treasurer shall prepare a report addressing the following: o A comparison of lease costs with other financing methods o Effective financing rate(s) o Contingent payment obligations o Assumptions related to potential variations in lease payments o Any additional relevant matters . Council is required to assess the report and provide an opinion with respect to the costs of financing for the proposed lease being lower than alternative financing methods available to the municipality and the risks associated with the lease(s) is reasonable. . With respect to the proposed financing lease council is required to obtain legal and financial advice. The council should consider obtaining the advice of independent legal or financial advice should the scope of the proposed lease warrant that additional expertise. . Lower tier municipalities within regional municipalities are required to advise their respective upper-tier municipalities of any material leases prior to passing the by-law authorizing the agreement. . Prior to entering into any new leases, councils are required to adopt a statement of leasing policies. That statement is required, at a minimum, to address the financial and other risks associated with leasing arrangements. Within this statement the municipaptv may find it prudent to define "material" for the purpose "(' '," 1 ", . () j j j j J J j j J j j J j J J J j J J ~ ;: l REPORT NO.: CLO.QS9.Q2 PAGE 9 OF 10 L t L. i .. of leasing within the municipality and the applicability of inclusion in the reporting of those leases. . The treasurer is required to prepare and present to the municipal council each year, or may frequently as desired by council, a detailed report on all ongoing leases. The leasing regulation became effective September 20, 2002. L. 6.3.2 LeasinQ and Debt & Financial Obliqation Limit - Requlation 267/02 L. L 1 .... , f .. . . Housekeeping amendment establishes that all payments, current or capital, under leases extending beyond the council term are to be included in the Ministry calculation of the Annual Repayment Limit (ARL). . Leases with expirations within the current term of council, but determined to be "material" should also be included in the ARL calculation. . Municipalities must include such payments when updating their ARL. . Any payment under a long term lease is considered a long term financial obligation and should be included in the ARL calculation. l .. The regulation became effective September 20,2002. 6.3.3 EIiQible Investments - ReQulation 265/02 ill. t ! I.. II. '{ i_ I ... i .. ~ l .i... I ... . . Additional Investment Instruments o Municipalities with an AA- or better credit rating are permitted to invest in the following additional instruments . Commercial Paper (minimum R-1 (mid) rating) . Asset Sacked Securities (minimum R-1 (high) / AAA rating) Other municipalities are permitted to invest in the previously mentioned instruments only through participation in the investment pool offered by the ONE Fund, sponsored by Local Authority Services Ltd. And CHUMS Financing Corporation. o . I nvestment Policy Statement o Municipalities could consider additional criteria in their investment policies · Risk tolerance · Preservation of capital . Diversification of portfolio . Obtaining legal/financial advice on proposed investments ;i 1 1 2 U REPORT NO.: CLO-Q59-Q2 PAGE 10 OF 10 . Municipal Electricity Corporations o Provided there is a pre-existing municipal investment in an electric corporation, that investment is allowed to continue. o Through the restructuring of existing municipal investments in electric corporations no additional money can be provided by the municipality. o Municipal investments in electric corporations are to rank equally with all other unsecured debt issued by the municipal electric corporation. o Municipalities must divest these investments within ten years. o Upon disposition of such an investment the treasurer is required to report the proposed use of funds so realized. . The regulation became effective September 20,2002. Other regulations have also been filed but generally have applicability to the upper tier only. ,~: ~.' :.t - , . 112L:, ,J ..,;. ( . . '-\ . J j j j J J j J J j J J j j J j j J J. I .. ~ Attachment #1 \ I.. Spheres of Jurisdiction { Sphere of Jurisdiction Part of Sphere Upper-tier Municipality(ies) to which Exclusive or , Assigned Part of Sphere assigned Non- Exclusive i Assignment , 1. Highways, including Whole Sphere All upper-tier municipalities Non-exclusive parking and traffic on hiQhways 2. Transportation systems Airports All upper-tier municipalities Non-exclusive ... other than hiQhways Ferries All upper-tier municipalities Non-exclusive L Disabled passenger Peel, Halton Non-exclusive transportation system Bus passenger Waterloo, York Exclusive L transportation system 3. Waste management Whole sphere, except Durham, Halton, Lambton, Oxford, Peel, Exclusive waste collection Waterloo, York 4. Public Utilities SewaQe treatment All counties, Niagara, Waterloo, York Exclusive ~. Durham, Halton, Muskoka. Oxford, Peel Exclusive l .. Collection of sanitary All counties, Niagara, Waterloo, York Non-exclusive sewaae Durham, Halton, Muskoka, Oxford, Peel Exclusive ... Collection of storm water All upper-tier municipalities Non-exclusive and other drainage from land ! Water production treatment All upper-tier municipalities except counties Exclusive ill. and storaae Oxford, Durham, Halton, Muskoka, Peel Exclusive [. 5. Culture, parks, recreation Whole sphere All upper-tier municipalities Non-exclusive ... and heritaae 6. Drainage and flood control, Whole sphere All upper-tier municipalities Non-exclusive t except storm sewers " Oxford Non-exclusive 7. Structures, including Whole sphere, except fences and siqns fences and siqns 8. Parking, except on Municipal parking lots and All upper-tier municipalities Non-exclusive hiqhwavs structures 9. Animals None None 10. Economic Development Promotion of the Durham, Halton, Oxford Exclusive Services municipality for any purpose by the collection All counties, Muskoka, Niagara, Peel, Non-exclusive and dissemination of Waterloo, York information Acquisition, development Durham, Halton, Oxford, Peel Exclusive and disposal of sites for industrial, commercial and institutional uses Lambton Non-exclusive ... I... ... ~ ~ ~ .... ! .. 22 ... <" ::': " -r !,\ j , ~ ,. . J J j j J J j j J J J ..J j J j J J J J L L L L L L L L L L l l L L l L L L L CI~mgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 02,2002 Resolution #: Report #: COD-060-02 File #: By-law #: Subject: Tourism Oriented Directional Signage (TODS) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report #COD-060-02 be received; 2. THAT Council approve one of the two options outlined in Report COD-060-02 as the Municipality's preferred action regarding the existing tourism signage. 3. THAT the funds required be provided from the 2002 contingency account 7007- X-298. ReVieWedby:G ~-::;.. ~ Franklin Wu Chief Administrative Officer Submitted by' r1e Marano Director of Corporate Services MM*ca 1201 REPORT NO.: COD-060-02 PAGE 2 BACKGROUND: In 1996, the Province of Ontario announced that it intended to outsource the provision of tourism signage to an external (private) organization - Canadian TODS limited. This company has the exclusive right to market, charge for and regulate tourism signage along the major highways traversing the Province of Ontario. These signs are intended to facilitate tourism development in the communities and attractions that use them. They are of standard size (based on the type selected) and quality and are sited in very visible locations on the preferred highways. At the end of 1999, the Communications and Tourism Office investigated the feasibility of erecting Area Profile signs at the three major entrance ways to the Municipality of Clarington. As it was still a relatively new process for all involved, there were a number of obstacles that had to be overcome but on June 15, 2000 the Municipality entered into a 5 year agreement (expiry date: June 14,2005) with Canadian TODS for 3 signs to be installed on Highway 401 Eastbound (Courtice), Highway 401 Westbound (Newtonvil!e) and Highw~y 115/35 Southbound (Orono). The total cost of this program was $1,700.00 per sign for creation (design of sign not included) plus $1,200.00 per sign for the first year "rental". In subsequent years, the Municipality is responsible to pay an annual fee of $1,200.00 per sign for the length of the contract. This report is exploring the available options regarding the possible relocation and/or re-design of the existing TODS signs, in order to refresh the entrance to the Municipality. This is considered to be an investment in tourism and economic development particularly in light of potential ITER visitors. OPTION ONE: The first option to consider is perhaps the simplest. It involves taking the existing signs and relocating them among the three signage locations already allocated to the Municipality of Clarington. For example, the sign at the Newtonville (sunflowers) location could be moved to Orono; the Orono Uazz band) sign could be moved to Courtice and the Courtice (sail boats) sign could be moved to Newtonville. The area sales representative for Canadian TO OS Limited was contacted to inquire as to the potential cost of this activity. The quoted cost for this is approximately $4,500.00. At the time of the writing of this report there was no information available regarding the time lines required for the completion of this sign "swapping". Selecting this option means that only the physical locations of the individual signs changes. The signs themselves do not change and the contract between the Municipality and the provider is not affected. 1202 J J J J J J J J J J J J J J J J J J J l l L L L L L L L L L l l L l L L L L REPORT NO.: COD-060-02 PAGE 3 OPTION TWO This option is more involved than Option One. The action here would be to totally replace the existing signs with three new ones. The new signs would utilize the same physical locations on the highway as are being used at this time. In discussion with the representative of Canadian TODS Limited, the understanding is that the Municipality would be required to "buyout" the balance of the existing contract. As of December 1, 2002, there is a total of 31 months left in the agreement. At the annual fee of $ 1 ,200/sign, the cost of buying out the existing contract is approximately $ 9,300.00 (3 signs x $100/month x 31 months). For the new signs, the fees are quoted as the same as they were in 2000 - i.e. $ 1 ,700/sign for creation plus $1 ,200/sign for installation. A new contract would also be required between the Municipality of Clarington and Canadian TODS Limited. With the signing of a new contract there is the requirement for payment of the first year's annual fee ($ 1,200/sign). In summary, this option has the following (total) direct costs associated with it: Buyout of existing $ 9,300.00 contract Creation (not design) of $ 5,100.00 new si ns Installation of new signs $ 3,600.00 same h sicallocations 1 S ear Annual Fee $ 3,600.00 TOTAL $ 21,600.00 Note that the fees quoted in Report COD-060-02 do not include the applicable GST. This option has an important advantage in that more information, such as the www.clarinQton-tourism.cawebaddresscanbeaddedtothesigns.This additional . information was not permitted on the signs when the Municipality originally entered into the contract with Canadian TODS Limited. Under this option the Municipality could also take advantage of the old signs by relocating them to new locations within the Municipality. For example, the "jazz band" sign could be located in Orono, the "sailboats" sign in Newcastle and the "sunflower" sign in Bowmanville, at the Tourism information Center. The old signs could also be rotated to new locations at the municipality's preference using municipal resources. 1203 REPORT NO.: COD-060-02 PAGE 4 J J J J J J J j J J J J J J J J J J J SUMMARY: At the writing of this report, the necessary time lines required for the completion of Option One and Option Two were not available. They have been requested and will be forwarded to Council's attention as soon as they are received. Option One (changing the physical location of 2 or all of the signs) provides an opportunity to change the signs in a cost effective manner, while option 2 provides an opportunity to enhance the entrance way to the Municipality and to boost the municipal image by utilizing the existing signs at new locations within the Municipality. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 1204 L L L L L L L L l L L L L L L L L L L CI!J!.mgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 2,2002 Report #: COD-061-02 File #_ By-law # Subject: RFP2002-2, PORT GRANBY LONG TERM LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT REPORT- CONTRACT EXTENSION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-061-02 be received; 2. THAT the existing contract with Hardy Stevenson & Associates Limited, Toronto, Ontario, for Consulting Services, Port Granby Long Term Low-Level Radioactive Waste Management Project be extended for a 2nd year; 3. THAT pending satisfactory service and pricing that the contract be extended on an annual basis for a third, forth, and fifth year; 4. THAT the total funds required be expensed to account # 7004-00003-0247; and 5. THAT the attached By-law, marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement be approved; Submitted by: Reviewed ~y:O ~ -::.., tJ.J-t.. Franklin Wu, Chief Administrative Officer a Crome, MCIP, RPP Director of Planning Services MM\LAB\ca 1205 REPORT NO.: COD-061.Q2 PAGE 2 BACKGROUND AND COMMENT In March 2002 Council approved Report COD-017-02 (see schedule B attached) awarding the firm of Hardy Stevenson & Associates Limited the contract for consulting services for the Port Granby Long Term Low Level Radioactive Waste Management Report. The contract was for a one year term, however the request for proposal included the option to extend for up to five years pending satisfactory service and pricing. Pricing of additional years is to be based on any increase in the Canadian Price Index. The proposed price increase for 2003 is 2.9% The subject firm have provided satisfactory service. Attachments: Schedule "N: Schedule "B": By-law Copy of Report COD-017-02 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, O~T2~<tL 1C 3A6 T(905)623-3379 F (905)623-4169 J J J J J J J J J J J J J J J J J J J L L L L L L L L L L L L L L L L L L L Schedule "An THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-LAW 2002- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hardy Stevenson & Associates Limited, Toronto, Ontario, to enter into an agreement for Consulting Services, Port Granby Long Term Low-Level Radioactive Waste Management. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between Hardy Stevenson & Associates Limited, Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2002. By-law read a third time and finally passed this day of ,2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1207 SCHEDULE "8" CJ.~gron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 25, 2002 Report #: COD-017 -02 File#_ By-law # Subject: RFP2002-2, PORT GRANBY LONG TERM LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT REPORT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-017-02 be received: 2. THAT Hardy Stevenson & Associates Limited, Toronto, Ontario, being the most responsible bidder meeting all terms, conditions and specifications of RFP 2002-2 be awarded the contract for the Consulting Services, Port Granby Long Term Low-Level Radioactive Waste Management Project; 3. THAT the total funds required be expensed to account # 7004-00003-0247; and 4. THAT the attached By-law, marked Schedule "B" authorizing the Mayor and Clerk to execute the agreement be approved; Submitted by Franklin Wu, Chief Administrative Officer , c- f,.v , , rie Marano, H.B.Sc., C.M.O. Director of Corporate Services Reviewed by: David Crome, MCIP, RPP Director of Planning Services MM\LAB\DC\km 1 2 (.18 J J J J J J J J J J J J J J J J J J J L L l L L L L L L l L L L L L L L L L REPORT NO.: COO-017-02 PAGE 2 BACKGROUND AND COMMENT A Request for Proposal was issued with nine (9) firms being invited to submit on providing the consulting services for the Port Granby Long Term Low-Level Radioactive Waste Management Report. Subsequently, four (4) proposals were submitted and tabulated as per Schedule "An attached. The scope of the work includes: . Provide strategic advice to the Municipality on the process, work plan and key decisions to be made throughout the Project. . Review reports and studies being prepared as part of the federal environmental review process, including the four studies specifically requested by Clarington Council . Provide advise to municipal staff and Council to assist in understanding the content of technical reports . May be required to attend meetings related to the Project, including Information Open Houses if necessary . Provide expert testimony, if required, at hearings related to the Project, including licensing hearings before the Canadian Nuclear Safety Commission. The time frame for the development of the plan is to start immediately with comments back to the Federal Government by April 8. 2002. Proposals were evaluated based on the following: . The Canadian environmental review process. including the Canadian Environmental Assessment Act and the Fisheries Act. . Hazardous waste management site design . Hydrogeology . Coastal engineering . Radioactive waste. including behaviour and health implications . The team concept of the proponent and compatibility with the owner . Problem solving skills and ability to work with various parties . Reference interviews . Proposed feeds and hourly rates . Working knowledge in Clarington and Port Hope area , '-)nn REPORT NO.: COD-017-02 PAGE 3 Based on the above evaluation, the below two firms were interviewed by the selection committee: Hardy Stevenson and Associates Toronto, ON Acres & Associates Environmental Limited Toronto, ON The selection committee consisted of the following staff: . Janice Auger-Szwarz, Senior Planner . David Crome, MCIP, RPP, Director of Planning Services . Bin Newell, Manager of Community Planning, Planning Services . Lou Ann Birkett, C.P.P., A.M.C.T., Purchasing Manager Of the two firms selected for an interview, the firm of Hardy Stevenson & Associates Limited, Toronto best meets the criteria established in the Request for Proposal document and consequently scored the highest in the evaluation process. After further review and analysis of the submissions, the firm Hardy Stevenson & AssociatesLimited, Toronto are recommended for this project. Although the subject firm and subconsultants have not previously.provided service for the Municipality of Clarington, they have provided satisfactory service to the Town of Ajax, Ontario Power Generation Inc. and Essex County. It is anticipated that the project will extend over a long term period (5 - 10 years) and the consultants would assist the Municipality as required. The funds required for the consulting services will be drawn form account # 7004-00003-0247, and will be recovered from the Federal Government by way of an invoice issued by the Finance Department. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. 1 2 i 0 J J J J J J J J J J J J J J J J J J J .l l L L L L I I.. L L L L L L l L L L L L REPORT NO.: COO.Q17.Q2 PAGE 4 Due to the tight timelines for the 'response to Natural Resources Canada, the Director of Planning Services in consultation with the Chief Administrative Officer has authorized the consultants to commence work on the first phase of the work program. A formal contract for the complete project will be executed subsequ'ent to Council approval and enactment of the attached by-law. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1 2 i 1 .. Cl!1!:illglOn Municipality of Clarington BID SUMMARY RFP 2002-2 Port Granby, long Term low level Radioactive Waste Management Project I Bidder i Conestoga-Rovers & Ass. Ltd. I Waterloo, ON I Hardy Stevenson & Associates Limited I ToroMo,ON i Acres & Associates Environmental Limited I Etobicoke. ON I Earth Tech. Inc. Markham. ON Rates I Principles $120.80 to $160.00/ hour Other $ 40.20 to $123.00/ hour $510.00 - $1,200.00/7.5 hour day I $80.00 to $182.00/ hour i 1 Principle $120.00 - $150.00/ hour! Other $50.00 - $90.00/ hour I 121 2 J J J J J .J J J J J J J J J J J J J J - . -CI~mgron - REPORT ADMINISTRA TION - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE December 2, 2002 ADM 09-02 File #: By-law #: Corporate Health and Safety Program RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee - recommend to Council the following: - 1. THAT the annual report of the Corporate Joint Health and Safety Committee Admin Report ADM 09-02 be received; and - 2. THAT the revised Corporate Health and Safety Program, Schedule "A" attached, be approved. - - Respectfully Submitted: '-~ /J~ &J4 Lou Ann Birkett Co-Chai , 2001-2002 jtu<- ~- I{ Steve Grigg I Co-Chair, 2001-2002 - / / - /v ~ <1ord air ~ Co-Chair, 2002-2003. Reviewed by: ~ ranklin Wu ""A;;' Chief Administrative Officer .,/" /7 .~ ~'/ ;(" .~ I'.;Y f;:.<1,. .- R6b Groen Co-Chair, 2002-2003 - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-5717 - 1 J1 n 1 REPORT NO.: ADM09-02 PAGE 2 1. BACKGROUND AND COMMENT As set out in the Occupational Health and Safety Act, the Employer must prepare and review annually a written Occupational Health and Safety Policy and develop and maintain a program to implement that policy. The Committee has reviewed the Corporate Health and Safety Policy and recommends no changes to the current policy (Schedule "B" - By-law 99-145). The Committee has also reviewed and updated the detailed Corporate Health and Safety Program to incorporate changes to the various sections and is attached marked Schedule "B", 2. ACCOMPLISHMENTS Since the last report to Council, the Committee would like to report on the following activities: revision of the detailed Corporate Health and Safety Program distribution of OHSA books to all Supervisors regular meetings of the committee with minutes circulated and posted revised accident report form approved and implemented regular workplace inspections recommendation of a policy on working alone training for committee members on Workplace Inspections coordination and completion of training sessions with all managers WHMIS training for all new employees Provincial certification of four (4) additional committee members workplace discrimination/harassment investigation on behalf of employee recommendation of a policy on bomb threats regular attendance of Department Heads (on a rotating basis) at the Joint Health and Safety Committee meetings circulated a wellness survey to all employees 1 4 iJ 2 - .. .. .. .. .. IIl!lI .. .. ... .. .. - ... .. IIIIIi .. .. .. - REPORT NO.: ADM09-02 PAGE 3 - traffic control session held for various Departments - 3. ONGOING MATTERS - These are some of the initiatives that the Committee is pursuing: - 1. Back injury prevention training for all employees. - 2. Continuation of mandatory general health and safety training program for Supervisors. .. - 3. Review of proposed bomb threat policy. - 4. Ongoing communications and meetings between Municipality of Clarington Joint Health and Safety Committee Co-Chairs and Aquicon Construction Joint Health and Safety Committee Co-Chairs regarding the Municipality of Clarington Library/MAC Expansion Construction. .. ... 4. CERTIFICATION - - Four (4) additional members of the Joint Health and Safety Committee received their Basic Core Certification which is a requirement under the Occupational Health and Safety Act (1990) in 2001/2002. The second part of the certification training which is workplace specific and focuses on significant hazards in the workplace has been completed by ten (10) members of the committee. - - - - - 1403 - REPORT NO.: ADM09-02 PAGE 4 5. CO-CHAIRS ... ... 'III As selected by the respective members of the Joint Health and Safety Committee the new Co- Chairs for the Committee will be Gord Weir, representing Non-Affiliated members and Rob .. Groen representing the Affiliated members. 6. CLARINGTON PUBLIC LIBRARY Over the past couple of years there have been some ongoing discussions with the Clarington Public Library that it may be advantageous for the Library Health and Safety Committee and the Municipality of Clarington Joint Health and Safety Committee to merge as one once the construction of the new Clarington Libral;y/MAC Expansion was completed. The Library have advised that they wish to remain a separate Health and Safety Committee as they are a separate employer and are in a different Health and Safety sector. They have however, indicated that they are interested in sharing information, meetings, training and joint inspections of the Library when they are relocated to the new building. 7. ACCIDENT REPORTS Twenty-two (22) workplace accidents were reported in 2001. Of these, two (2) required no attention, fourteen (14) medical aid and five (5) were lost time accidents resulting in ten (10) days lost. As a result of the review of these accident reports a training session on back injury prevention was initiated. The Committee will continue to review accident reports and to make recommendations to the Chief Administrative Officer/Department Heads on training, prevention, etc. 1 4 r: /1 IJ "1 ... ... ... IlIIIi .. .. .... ... ... ... .. ... ... .. .. - REPORT NO.: ADM09-02 PAGE 5 - 8. SUMMARY - - The Joint Health and Safety Committee have been functionally effective as an advisory committee to the Employer. The Committee continues to stimulate awareness, recognizes workplace risks and then assist in the resolution of those risks. The Committee is the mechanism for workers and management to work together to resolve issues internally. The Municipality of Clarington is fortunate3 to have employees who represent both the affiliated and non-affiliated workers who are committed to the health and safety in the workplace. - - .. - Attachment 1 - Occupational Health and Safety Policy - Attachment 2 - By-Law 99-145 lI!lII Attachment 3 - Joint Health and Safety Committee Members - - .. -- - ... ... - 1 4 r' , 'j ~ - Schedule" A" ... .... 1. MUNICIPALITY OF CLARINGTON - HEALTH AND SAFETY POLICY STATEMENT..2 2. MUNICIP AL HEALTH Al\TJ> SAFETY PROGRAM ....................................................................3 - 3. COMPLIANCE - OCCUPATIONAL HEALTH AND SAFETY ACT REQUIREMENTS......5 3.1 INTERNA:L RESPONSIBILITY SYS1'EM............................................................................................. 5 3 .2 DUE DILl GE Nc:E .......... ............... "....................... ........... ......... .........:.... ....... ............. ................ ...... .......... 9 3.3 . JOINT l-lEA:L 11-I AND S.AFETY CD1111ITTEE ...............................................................................10 4. TRAINING.. ............ ............... .... ......... . ......... ........ ................... ....... ........ ........... .................. .............11 4.1 POD CY .........................................................................................................................................................11 4.2 WI-llv1IS ... ................ ........... .... ............ .............................................. ..................................... ...... ....... ............ 11 4.3 WORKPLAc:E ORIENTATION/jOB S.AFETY INS1RUCTION ................................................13 4.3 WORKPLAc:E ORIENTATION/jOB S.AFETY INS1RUCTI ON a-IECKUST ......................14 4.4 PERSONA:L PR01'ECTIVE EQUIPMENT (PPE) ............................................................................16 4.5 UL 1RA VIOLET EXPOSURE ..... ............................................................................................................17 4.6 ERGON011I <:s .. ..... ............. ........ ............ ............... ............ ..... ......... ...................... ........ ............... ....... ......19 4 .7 LADDERS... ........ ................ ...... ....... ......................... ....... ........... ........... ....... .... ............. ...... .......... ......... ...... 24 4.8 S.AFE TY MEETINGS ................... ,............................................................................................................28 4.9 S.AFETY MANUA:L WORK PRC)(::ESSES ...........................................................................................29 4.10 WORKING A:LONE - POUCY IN PROGRESS................................................................................ 31 4.11 EV ACUA TI ON/BOMB TIffiEATS POU CY IN PROGRESS ....................................................... 32 5. W 0 RKPLA CE HARA SSMENT ..... .......... ............ ................. .............. ...... .... ................................33 5.1 PODCY AND PRc:x:::EDURE .................................................................................................................33 5. W 0 RKPLA CE HARAS SMENT ............................... .......... ...... .......... .... .......... ...................... .......34 .. ... .. ." ... ... .. 6. ACQUIRED IMMUNE DEFICIENCY SYNDROME AND HUMAN IMMUNODEFICIENCY (HIY) VIRUS AND OTHER COMMUNICABLE DISEASES ...............39 6.1 POLl CY ........................................... ,.............. ..................................................... ..........................................39 7. CONTRA CTO R SAFETY ................ ...............................................................................................41 7.1 PODCY AND PRc:x:::EDURE .................................................................................................................41 8. WORK REFUSALS/STOPPAGES ................................................................. .................................49 8.1 POD CY AND PRc:x:::EDURE ................................................................................................................. 49 9. W ORKPLA CE INSPECTION ........ ................................................................................................54 9.1 POD CY AND PRc:x:::ED URES . .............................................................................................................. 54 10. ACCIDENT INVESTI GA TI ON .................................................................................................66 10.1 PODCY AND PRc:x:::EDURE ... .............................................................................................................. 66 11. INJURY ASSESSMENT PROG]{AM .......................................................................................70 11.1 NEW EXPERIMENTAL EXPERIENc:E RATING (NEER) .......................................................... 70 11.2 MODIFIED WORK ................................................................................................................................... 70 12 . INDOOR AIR QUALITy........... ............ .................................................................................... 71 12.1 POD CY IN PROGRESS ............ ...............................................................................................................71 .. ... .. - ... ... - ... 1 4 ( / I ~'J .. - - - .. .... - - .. - .... .. - - ... .. .. - .... - 1. MUNIOPALITY OF Q..,ARINGTON - HEALTIIAND SAFETY POLICY STATEMENT The Mayor, Council and Management of the Corporation of the Municipality of Oarington are commined to the Health and Safety of its workers. It is the policy of the Municipality to provide safe equipment, safe practices and a safe work environment to all workplaces of the Corporation. The Corporation will provide and maintain a safe and healthy work environment in compliance with the Occupational Health and Safety Act and all peninent regulations. It is our belief that accidents and injuries can be prevented. The prevention of accidents is an objective affecting all levels of the organization and its activities. At all workplaces it is the responsibility of management to fulfil the commitments set fonh in this policy. All workers must protect his/her own safety and must personally conduct themselves in a manner, 'Which will promote safe work practices and procedures. Mayor Oerk 2 1487 ... ... 2. MUNICIPAL HEALTH AND SAFETY PROGRAM The Municipality of Oarington, through its various Departments, will demonstrate the development, implementation and maintenance of a comprehensive health and safety program through the following initiatives. ... ... 1. Safety Manual Provide a users manual for all municipal equipment, tools and processes and identify equipment and procedures, which require instruction, training or certification. ... 2. Compliance - Promote awareness and compliance of all workers with legislation including the Occupational Health and Safety Act and Workers Compensation Act. - 3. Safety Responsibility .. Reinforce the Municipality's commitment to the Health and S-afety Program and to establish ongoing training programs to educate employees and promote awareness and to meet regularly with workers. .. 4. Workplace Inspections .- To train, implement and ensure adherence to the procedure for the timely reporting of dangerous situations and the implementation of corrective measures through regular workplace inspections by identifying and evaluating, potential and actual hazards to protect the worker. ... 5. Accident Investigation Procedure ... To train, implement and ensure adherence to the appropriate accident investigation procedures is the responsibility of all Department Heads and/or designates in compliance with the Occupational Health and Safety Act. Implement a thorough accident investigation procedure involving the Department Heads and the Joint Health and Safety Committee (Certified Members) to ensure a complete, objective and co-operative investigation to identify its causes and consequences and submit recommendations. ... ... 6. Education and Training ... Develop, implement and evaluate worker training programs and review procedures annually with the Joint Health and Safety Committee which will assist management and supervisors in the implementation and maintenance of a safe work environment. """ .. '4(\0 I ~I 0 3 .. .. .. .. 7. Contractor Safety - To train, implement and ensure adherence to the policy and procedure to include minimum health and safety requirements for contractors prior to being hired by the Municipality to be consistent with municipal procedures and to include procedure for warning and/ or stop work orders to be followed should any contractor violate the established requirements. .... 8. Workplace Harassment ... To train, implement and ensure adherence to the policy and procedure dealing with all types of workplace harassment. - 9. Municipality Injury Frequency - Assessment Program - Participation in a voluntary reporting program which provides relevant statistical infonnation on a municipal selVice basis. - - - .. .... - - .. - - - 4 4nq .J / - . 3. COMPLIANCE - OCCUPATIONAL HEALTH AND SAFETY ACT REQUIREMENTS ." ... 3.1 INTERNAL RESPONSIBILITY SYSTEM ~ PLAYERS The three main parties to the Internal Responsibility System are: Employer, SupeIVisor, Worker. """ The Occupational Health and Safety Act is built upon the principle that employees and employers must act together to ensure a healthy and safe workplace environment. The internal responsibility system involves everyone and workers and employers must share the responsibility of occupational health and safety. .. .. PROCEDURE .. 1. The Municipality of Oarington, in its capacity as the Employer, is responsible for carrying out the responsibilities and duties outlined in the Occupational Health and Safety Act. .. 2. In accordance with the Occupational Health and Safety Act, Directors and Officers of a Cmporation shall take all reasonable care to ensure that a O:>rporation complies with: lllIIIl a) Acts and Regulations; ." b) Orders and Requirements of Inspectors and Ministry Directories; and ." c) Orders of the Ministry. 3. In accordance with the Municipal Act, Officers of the CDrporation shall include but not be limited to the Mayor, O:>uncil, Chief Administrative Officer, Treasurer, Oerk, Engineer, Tax O:>llector, Members of CDuncil, Deputy Oerk and Deputy Treasurer. ... .. ... .. .... 5 .. 1 4 1 U .. .. .. 3. COMPLIANCE - OCCUPATIONAL HEALTH AND SAFETY ACT REQUIREMENTS - 3.1 POLICY ... DEPARTMENT HEADS .. Department Heads are responsible for the occupational health and safety performance of their Department. They must provide leadership in all health and safety activities, including the development of safe working attitudes. ... SUPERVISOR (any person who has a charge of a workplace or authority over a worker) Supervisors are responsible for the occupational health and safety of the employees assigned to them and the implementation and direction of an occupational health and safety program in their area. They must ensure compliance with safe work practices and ensure that employees are aware of potential hazards and what precautions are necessary. - - EMPLOYEES - All employees, in addition to complying with the Occupational Health and Safety Act and the Municipal Safety Policy, are responsible for following the policies and procedures developed for performing their job in a safe and healthy manner. Employees must take an active role in protecting and promoting their health and safety and refrain from activities which may jeopardize the health and safety of others. - - NOTE - The word employee where it is used refers to ALL employees including Department Heads, Management, Supervisors and workers. - 1. - 2. ... 3. .... 4. - 5. - - - DEPARTMENT HEADS shall: Ensure that standards and procedures are developed and maintained to administer the health and safety policies and regulations. Be familiar with the Occupational Health and Safety Act and any revised regulations and ensure regulations contained herein are followed. Ensure that all employees are instructed in the procedures and requirements of the OHSA and any other legislation or regulations pertaining to their safety. Ensure that a comprehensive health and safety training program is developed, implemented and maintained. Review accident reports, safety audit reports, accident statistics and other related material to evaluate the effectiveness of the health and safety program. 6 1 4 .. 3. COMPLIANCE - OCCUPATIONAL HEALTH AND SAFETY ACT REQUIREMENTS "" .. 3.1 POLICY Continued... SUPERVISORS shall: 1. 2. .." Be familiar with the Occupational Health and Safety Act, Department Health and Safety Procedures and other legislation or regulations pertaining to employee health and safety. .. Ensure that all legislation and regulations for health and safety are observed, applied and complied with by all employees assigned to them. .. 3. Ensure that employees assigned to them receive the required training in health and safety legislation. .. 4. Ensure safe work procedures, potential hazards identified and protective measures taken to prevent illness, injury or accident in the workplace. .. 5. Ensure maximum protection and minimum inconvenience to residents, staff, clients and the public. .. 6. Ensure that an injured employee receives immediate and appropriate medical attention at the nearest first aid station. .. 7. Investigate all incidents immediately and complete required forms for the recording and reporting of those incidents. ... 8. Make recommendations on the prevention of similar injuries. .. 9. Constantly inspect the workplace to ensure a healthy and safe environment. .. 10. Ensure that all equipment is maintained in a clean, safe operating condition AND that materials are property transported, handled and stored. ... EMPLOYEES shall: 1. Comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal Safety Policies and other applicable legislation or regulations. .." 2. Be responsible for working safely and carrying out their duties with such skill and care so as to prevent an accidental injury to themselves, fellow employees and members of the public. .. .. 7 .. 141 2 - ... - 3. COMPLIANCE - OCCUPATIONAL HEALTH AND SAFETY ACT REQUIREMENTS - 3.1 POLICY Continued... - 3. Immediately report all accidents, injuries and health and safety hazards to their supervISors. - 4. Know the location and operation of all safety equipment including first aid kits and fire extinguishers. - 5. Use protective devices or clothing that the Municipality requires. 6. Ensure that all personal safety equipment is in place and in proper working condition and report to their Supervisor if any personal safety equipment is missing and! or not in proper working condition. - - - - - - - - - - - - \ 413 8 - .... 3. COMPLIANCE - OCCUP ATIONAL HEALTH AND SAFE TY ACT REQUIREMENTS ... 11III 3.2 DUE DILIGENCE ... Definition: Take every precaution reasonable in the circumstances to avoid the harm! offence. .. PUlpose: ... To provide training for all employees of the Corporation toward understanding and implementing due diligence in the workplace. ... Responsibility: It is the responsibility of the Employer to encourage the careful and systematic assessment of specific workplace hazards and the specific actions required to avoid the occurrence of an accident or injury. .. ... It is the responsibility of the Municipality to appoint competent Supervisors to ensure the health and safety of the worker. .. Program: 1. To provide education and training to all municipal employees on the Ontario Health and Safety Regulations and regulations governing the workplace. .. 2. To provide training to reinforce policies, practices and procedures at the workplace. ... 3. To develop, through an employee's orientation program, practical steps to be taken to implement due diligence. - 4. To provide education and understanding to all Members of Council regarding their obligation to take all reasonable care to ensure compliance. .. ... .. wi 9 .. 1 4 1 4 ... - - 3. COMPLIANCE. OCCUPATIONAL HEALTH AND SAFETY ACT REQUIREMENTS - 3.3 JOINT HEALTH AND SAFETY COMMITTEE - To promote awareness to the employees and reinforce commitment to the Municipality's Health and Safety Program. - PROCEDURES: - 1. 2. - 3. - 4. - 5. - 6. - - - - - - - - - To meet minimally twice a year with all workers of the Municipality. To report regularly to Council on the development, implementation and maintenance of a Health and Safety Program. To report annually to the Employer a review of the written Occupational Health and Safety Policy and Program. To work in conjunction with Departments in providing Health and Safety Training to employees. To conduct workplace inspections in compliance with the Health and Safety Act. Certified Members of Health and Safety to conduct Accident Investigations in cooperation with the Department, in compliance with the Health and Safety Act. 10 141 5 .... ... 4. TRAINING ... 4.1 POLICY Department Heads/Designate develop, implement and eval~te worker training programs and review procedures annually with the Joint Health and Safety Gmuninee, which will assist management, supervisors and workers in the implementation and maintenance of a safe work environment. .. .. PURPOSE: .. The Department Head will ensure that all workers receive ad~quate and regular occupational health and safety training in order to prevent injury or accident in the workplace. .. PROCEDURES: 1. The Department Head/Designate will coordinate all health and safety training within their Departments. IIlI 2. Training records will be maintained and filed with the. Administrator's Office. IIIIIi 3. Safety training within a Department as a minimum will consist of the following: .. a) b) c) d) e) employee Orientation Training; WHMIS Training; first Aid Station and list of employees who hold current valid First Aid Certificates; protective clothing, equipment, devices; and specific training requirements may be considered necessary by Department Head/Supervisor/Designate during work assignment. - ... ... 4.2 WHMIS PURPOSE: ... To give everyone in the workplace the right to know about the hazards of materials used in the workplace and the means to find out the infonnation. ... POLICY: ... All employees who work with or in proximity of a controlled product must be trained annually and be able to: .. 11 III 1 4 / D - - ... 4. TRAINING ... 4.2 WHMIS Continued... 1. - 2. - 3. - 4. - - ... 1. .. 2. - 3. ... 4. - 5. ... ... ... - Identify the types of controlled products they come in contact with or work in proximity of. Identify the risks posed by each controlled product. This would include being familiar with use, handling, cleanup and disposal of the product. Take appropriate emergency measures should they be. required when handling controlled products. Identify the location of the MSDS for each controlled product that they are working with or in proximity of. PROCEDURE: An employer shall: Ensure that all hazardous materials present in the workplace are identified in the prescribed manner. Obtain or prepare, as may be prescribed, an unexpired material safety data sheet for all hazardous materials in the workplace. Ensure that the identification required by clause 1 anq 2 are available in English and such other languages as may be prescribed. Ensure that a hazardous material is not used, handled or stored at a workplace unless the prescribed requirements concerning identification, material safety data sheets and worker instruction and training are met. Ensure that a copy of the most recent version of the inventory and of every unexpired material safety data sheet required by this ~art in respect of hazardous materials in a workplace is: a) made available in the workplace in such a manner as to allow examination by the workers. furnished to the Joint Health and Safety Committee. furnished on request or if so prescribed to the Medical Officer of Health. furnished on request and if so prescribed to the Fire Department which serves the location in which the workplace is located. b) c) d) - 12 ... 14 7 ... ... 4. TRAINING ... 4.3 WORKPLACE ORIENTATION I) OB SAFETY INSTRUCTION PURPOSE: ... To inform employees of specific safety and health hazards on the job and at the workplace. All employees are adequately trained to perlorm their job function safely. ... PROCEDURES: ... i) Department Heads or their Designates are responsible for the following: 1. Provide information on safety supplies and equipment concerning personal protective equipment (PPE) required. .. 2. If PPE is required, demonstrate and to discuss when and why it is required, how it is to be used, maintenance, etc. ... 3. To explain the employee's responsibility to report any unsafe condition to immediate supervisor. ... 4. To demonstrate the safe way to do the assigned job including safe use of equipment and identifying hazards and operating procedures. ... 5. To show the employee the location of the nearest fire extinguishers and give a basic demonstration on how to use them .. 6. To ensure that the employee is knowledgeable with the approved emergency action plan. ... 7. To emphasize proper housekeeping practices and explain the employee's individual responsibilities. .. 8. If lifting is required at the workplace, demonstrate safe lifting practices and good body mechanics. ... 9. To ensure workplace Orientation Job Safety Instruction Checklist is completed before commencement of any new job activity and! or during the orientation period for new employees and forms part of the employee's personnel file. ... ... .. 13 ..i 4~w :i U ... - - - - - - - - - Il!!II - - - - - - - - - 4. TRAINING 4.3 WORKPLACE ORIENTATION/jOB SAFETY INSTRUCTION a-IECKLIST HEALTH AND SAFETY ORIENTATION CHECKLIST (to be completed within two weeks after commencement of duties) EMPLOYEE'S NAME: POSITI ON: DEPARTMENT: DATE OF HIRE: I I INITIAL BOX ON ACfION COMPLETION DATE Occupational Health and Safety Act 1. 0 . Role of Employer . Role of Supervisor . Role of worker . Fines and Penalties . Right to Know . Right to Refuse . Right to Participate Safety Procedures 2. (to be completed by Immediate Supervisor First Day of Employment) 0 . Specific Sections of O.HS.A . Reponing of Accidents . First Aid Station . Personal Protective Equipment (What is Supplied, How to Care for It & to Use It, Where to Find It) . Hazardous Materials in the Workplace . MSDS Binder . General Wrinen Rules of Operation . Supervisor . Fire Safety Plan . Fire Extinguishers . Tour of the Workplace '== Workplace Training 3. (to be detennined by the Department and timeline provided to worker D in accordance with appropriate legislations & regulations) . WHMIS . Ladders 14 1 4 Q / r-- . Confined Space . SCBA's . First Aid . Lifting Devices - . Use of Any and All Equipment Include Small Tools . Emergency Stop of Equipment . Fire Alarm System . Ammonia Alarm System . Legislative Requirements (TSSA, Health) . Ergonomics == Questions to the Employee 4. (to be conducted by Health and Safety Officer when worker is to assume full duties of position) a) Are you aware of your responsibilities under the Act? 0 b) Do you understand all aspects of your job? 0 c) Are you able to wear, maintain the personal protective 0 equipment assigned in the workplace? d) Is there some work procedure that you are unfamiliar with? 0 e) What are the risks/hazards in working here and what measures are you and your employer taking? D ~ J o;nt Health & Safety Comm;ttee - 5. 0 The worker is requested to attend a Joint Health & Safety meeting within their probation period. Health and Safety Orientation has been provided to me in accordance with the above checklist. Employee Signature Date 1420 .. - .. .. .. .. .... ... .. .. ... .... ... .. .. .. ... 15 .. .. - - 4. TRAINING - 4.4 - - - - - - - - - - - - - - - - PERSONAL PROTECTIVE EQUIPMENT (PPE) PUlpose To provide a guideline for all workers detailing the requirements for the safe and proper protection of work related hazards. Responsibility It is the responsibility of the employer to furnish prescribed personal protective equipment or devices for use byworkers and to maintain them for the performance of their duties. It is the supervisor's responsibility to determine the appropriate personal protective equipment required and ensure that proper training is received in the correct use and maintenance of the equipment. " It is the worker's responsibility to properly use personal protective equipment appropriate to the job assigned. The worker must notify the supervisor when personal protective equipment requires replacing or is inadequate for the job assigned. Procedure Only personal protective equipment approved by the recognized standard will be permitted for use. The specific personal protective equipment needs of each task performed will be identified in accordance with recognized practices and standards and will be documented in the standard operating procedures for that task or equipment. Records will be kept for the issue of standard personal protective equipment. Records will be kept on PPE training. Only those employees properly trained will be permitted to perform any task which requires the use of PPE. The Joint Health and Safety O:munittee "Will periodically audit compliance to this procedure during their monthly inspection. 16 1 42 1 ... 4. TRAINING ... 4.5 ULTRAVIOLET EXPOSURE ... POLICY .... - All Depanments should minimize outdoor workers to the exposure of solar ultraviolet radiation. ... PURPOSE Exposure to ultraviolet radiation is an occupational concern for workers who work in the sun on a regular basis. ... PROCEDURES - Exposure .. 1. Employees should obtain, wear and maintain appropriate sun protection wherever possible, especially in the middle of the day. ... 2. The employer, when practical, should make use of na~ral or anificial shade and schedule alternative tasks when UV readings exceed 9. ... 3. The employer shall put in place adequate UVR control measures and update as required. ... Prevention 1. Workers are encouraged to wear UVR blocking sungl~sses when outdoors. - 2. Gothing providing the maximum available protection, including hats, should be worn when outdoors. - 3. Workers should use a broad spectrum sunscreen with a sun protection factor of 15 or more for minimal protection. Workers should pay special attention to sun exposed areas (i.e. ears, face, scalp, back of legs, shoulders). Ideally, workers should apply sunscreen UVR "40" six (6) minutes before go~g outside. ... - 4. It is recommended that all workers, especially if they are sun sensitive (fair skinned, tan minimally or bum easily) should obtain professional advice regarding the most effective sun protection. therapy for them. ... ... 1422 17 .. ... - - 4. - - - - - - - - - - - - - - - - - TRAINING 4.5 ULTRAVIOLET EXPOSURE Continued... 5. The use of UV safety measures should not lead to other safety risks, the risk of head injuries from using hats with inadequate impact protection for example, or the risk of heat stress from wearing heavy clothing in hot environments. 6. All workers in the Municipality must help prevent the over-exposure to UV radiation on any day when UV readings exceed 9. This is considered to be extreme and sunburn can result in fifteen (15) minutes. Please consult your immediate supervisor for safe procedures when working under the sun. 18 1423 4. TRAINING 4.6 ERGONOMICS PURPOSE: To eliminate or minimize the risk of adverse health effects to workers through the application of ergonomic principles and methods in the workplace. DEFINITIONS: ERGONOMICS - means the applied science that seeks to fit the job, tools, materials and equipment to the worker through the evaluation and design of the work environment in relation to human characteristics and interactions in the workplace. ERGONOMIC FACTORS - means factors which affect the interaction of a worker with the work environment. RISK - means the likelihood and extent of harm a worker may encounter because of a work condition or activity. ADMINISTRATIVE CONTROLS - means the provision, use and scheduling of resources in the workplace, including planning, organizing, staffing and co-ordinating. ENGINEERING CONTROLS - means the physical arrangemeni, alteration or design of workstations, equipment, materials, production facilities or other aspects of the physical work environment. PROCEDURE: EMPLOYER'S RESPONSIBILIIT 1. The employer must: a) identify ergonomic factors that may expose workers to risk of adverse health effect; b) educate workers in the recognition of the early signs and symptoms of adverse health effects resulting from exposure to ergonomic factors and in the potential health impacts of those effects, and train workers in the procedures for reporting symptoms and injuries; and 4 ') ,~ L :,; 19 ... . ... - ... ... ... ... .. .. .. .. ... ... ... ... III .. .. ... - - 4. TRAINING - 4.6 ERGONOMICS Continued... - c) ensure that a risk identification is reconducted whenever a change in the work environment is planned or occurs, or neyvlyavailable infonnation indicates that workers may be at risk of adverse health effects from exposure to ergonomic factors. - 2. When ergonomic factors that may expose workers to a risk of adverse health effects have been identified, the employer must ensure that the risk is assessed, taking into account the characteristics of the workers carrying out the work Ergonomic factors that must be considered in the identification and assessment of risks are the following: - - a) the physical demands of work, including: - ~ force required; ii) repetition and duration; and - iii) work postures; b) the layout and condition of the workplace or ~orkstation, including: - i) working reaches; ii) working heights; ill) seating; and - iv) floor surfaces; - c) the characteristics of object handled, including: i) size and shape; - ii) load condition and weight distribution; ill) container handles; iv) tool and equipment handles; v) vibration from hand tools; - v~ local contact stresses; and vii) gloves; - d) the environmental conditions, including: - i) temperature; ii) lighting and visibility, and iii) whole- body vibration; - - 20 14')1, L _I - 4. TRAINING ... ... 4.6 ERGONOMICS Continued... ... e) the features of work clothing and personal protective equipment; ... ~ the following characteristics of the organization of work: ~ ii) ill) iv) 3. a) The employer must eliminate or, when that is not practicable, minimize the risk of adverse health effects to workers from exposure to ergonomic factors. ... b) c) PROCEDURE work schedules work-rest cycles; job rotation and job enlargement; and- work rate. ... .. The employer must implement engineering controls in preference to administrative controls, as far as is practicable. .. Personal protective equipment may only be used as a substitute for engineering or administrative controls if: .. ~ it provides an equal or higher level of protection of worker health and safety; and .. ii) it is used in circumstances in which engineering or administrative controls are not practicable. .. .. The employer must immediately implement interim control measures when the introduction of pennanent control measures will be delayed. ... 1. The employer must ensure that a worker to be assigned to work which requires specific measures to control the risk of adverse healtlteffects is: a) educated in: .. b) i) u) risk identification related to the work; and .- recognition of early signs and symptoms of adverse health effects related to the work, and the potential health impacts of those effects. .. trained in the use of risk control measures including work procedures, and the use of mechanical aids and personal protective equipment. .. 21 .. 1426 .. ... - 4. TRAINING - 4.6 ERGONOMICS Continued... - 2. a) the employer must monitor, and evaluate at least annually, the effectiveness of the measures taken to comply with this policy. ... b) when deficiencies are identified, they must be .corrected without undue delay. 3. a) An employer should consult with the Occupational Health and Safety CDmmittee, or the Worker Health and Safety Representative, with respect to the following: - - risk identification, assessment and control; - ~ ii) the content and provision of worker education and training; and iii) evaluation of measures taken to comply with the regulations. ... b) In addition to the requirements in clause (a), the employer must, when perfonning a risk assessment, consult with: - workers who are required to carry out the work being assessed; and - ~ ii) workers with signs or symptoms of adverse health effects resulting from exposure to ergonomic factors. EMPLOYEE'S RESPONSIBILITY: - - Employees must take active role in protecting and promoting health and safety and refrain from activities that may jeopardize their health. What a worker can do to reduce the risk of being hurt at work -- nobody knows a job and its problems better than the employee who performs it daily. - c) bring to the employer's attention any workstation, tools or equipment that do not fit the worker; know the basics of ergonomic safety and follow those rules. Take time to adjust your workplace and tools to fit your body; any of these signals should prompt you to stop and rest: ~ tingling sensation or numbness in shoulders, arms, wrists, hands, fingers or back and legs; ... a) - b) - ll) vise-like pressure on wrists; - 22 1427 ... 4. TRAINING 4.6 ERGONOMICS Continued... iii) sharp pain in the wrists, fore-anns, supper anns or hands. d) when perfonning repetitive tasks for an extended period of time, take regular exercise breaks and! or ensure frequent changes in activity. 1428 .. ... ... ... ... ... .. .. ... .. .. .. .. ... ... ... ... 23 .. .. - - 4. TRAINING - 4.7 LADDERS - PURPOSE - 1. - 2. - 3. - 4. - - - - - - - - - - - To provide specific procedures for the safe use of a portable ladder. EMPLOYER'S RESPONSIBILITY To maintain an inventory of all ladders indicating location, type, size and composltlon. Ladders to be purchased by the Municipality be Q)A approved and be a minimum of Oass 1 (Industrial Grade). All ladders not meeting this grade be replaced within a reasonable time frame. All employees using ladders and appropriate safety equipment must be properly trained. PROCEDURE PORT ABLE LADDERS Employees required to use a portable ladder (extension of stepladder) in the course of their duties will be required to abide by the following procedures. . Use the right ladder for the job being performed. . Inspect the ladder before leaving for the job site and after each use. . Tag and remove a defective ladder from service. . Keep the ladder away from electrical circuits. . DO NOT use metal ladders when working on electricity. . Set up barricades or warnings around the ladder in doorways and passageways where there is a danger of the ladder being struck. . Oean muddy or slippery boot soles before mounting the ladder. . Only one person may be on a ladder at a time. 24 142() 4. ... TRAINING .... 4.7 LADDERS Continued .n ... . Any ladder with a retracted length of more than three (3) meters (10.97 feet) will require two (2) employees to move, raise, and steady the ladder while in use. .. . Face the ladder when ascending or descending. .. . Keep the centre of your body within the side rails of the ladder - DO NOT LEAN OUTSIDE 1HE SIDE RAILS. ... . When the hazard of falling is more than three (3) metres (10.97 feet) below the position he/she is situated, a fall arrest system must be worn and secured. .. . Do not carry objects up or down a ladder with your hands - use a rope to hoist materials or attach materials to a belt. .. . When a ladder is used to gain access to a level, the ladder must extend to at least .914 metres (three (3) feet) above the level. .. . Maintain three point contact when climbing up or down a ladder (two hands, one foot or two feet, one hand). IIIlIII . Refer to the Occupational Health and Safety Act and Regulations for Construction Projects (Ontario Regulation 213/91 as amended byO.Reg. 631/94, O. Reg. 143/99, O.Reg. 571/99 and O.Reg. 145/00) regarding the legislative requirements for use of ladders. ... ... · Protect children, DO NOT leave a ladder setup and unattended. STEP LADDERS ... How to use a stepladder properly: .. . Always fully open a stepladder and lock spreader before climbing. Check stability. See that all four feet are on finn, level dry ground. Never put a ladder on another structure to gain height. Do not overload (check the load rating on the ladder labeQ Never climb the back of a stepladder. .. . .... . . . .. 25 IIIlIII 143U .. - - 4. TRAINING - 4.7 LADDERS Continued ... - . Do not use the paint! tool tray as a step. - . Do not stand on the top or first step below the top of a stepladder. - EXTENSION LADDERS . Be sure you choose the right length ladder. First measure the distance from the ground to eaves and then check this chart for the correct size. - - TIP: Ladder rungs are .305 metres (12 inch) centres, count the rungs to estimate the working height. - This chart allows for the proper overlap of the sections plus an additional.914 metres (three (3) feet) of ladder extending above the working area: - HE1GHT OF EAVES RECOMMENDED EXTENS10N MAXlMUM EXTENDED LADDER LENGTH LENGTH OF LADDER To 9.5' 16' 13' From 9.5' to 13.5' 20' 17' From 13.5' to 17.5' 24' 21' From 17.5' to 21.5' 28' 25' From 21.5' to 25' 32' 29' From 25' to 29' 36' 33' From 29' to 32' 40' 38' - - - How to Set Up Your Ladder Safely and Properly - . Place ladder on the ground with the feet against the wall. . Raise ladder slovAy by moving your hands up the rungs. - . Move bottom of the ladder out from the wall, .305 metres (one (1) foot) for every 1.3 metres (four (4) feet) in overhang height. - . Check distance from wall by standing in front of ladder with your feet against the base and arms raised shoulder height. The palms of your hands should touch the side rails. - - 26 . -, i 4ji - 4. .. TRAINING .. 4.7 LADDERS CONTINUED ... .. How to Use an Extension Ladder Properly .. . Secure base when raising and never set up ladder when it is extended. .. · For extra safety, have a second person hold the ladde: while you are on it. . Check that the top and bottom ends of the ladder rails are finnly supported. Stake and tie the feet and tie the top whenever possible. ... . Always raise and lower the ladder from the ground and ensure that the ladder locks are fully engaged before climbing. .. . Never climb higher than the third rung from the top of the ladder or you may lose your balance. Never climb above the top support of the ladder. .. · Do not overextend a ladder. Maintain the minimum overlap of sections as indicated on the ladder label. .. .. .. .. ... .. ... .. .. 27 .. 143'2 .. .. - 4. TRAINING - 4.8 SAFE TY MEETINGS - POLl CY: .. DEPARTMENTAL All supervisors are required to conduct regular safety meeting~ with the employees. These meetings should be planned and scheduled. - PROCEDURE: - 1. .. 2. - 3. 4. - 5. - .. - - - - - .... - The safety meeting is probably one of the most important sources of safety information for the worker. Encourage the employee to bring forward anyrelated"workplace safety concerns that they may have. Encourage the employee to actively participate during the meetings. All safety concerns voiced by the employees should be recorded and sent to the Department Head and Administrator's Office. Agenda items for Departmental Safety Meetings could include: a) b) c) d) e) safety videos; safety talks; review of work procedures; supplier or manufacturer to give demonstrations; and JHSC member update. 28 1433 ~ 4. TRAINING ... 4.9 SAFETY MANUAL WORK PROCESSES ... POLICY: ... To develop and maintain a standard operating procedure for the operation of equipment, processes, etc. ... PROCEDURE: 1. Each workplace will review the various equipment used in their operation and will develop a list of equipment. ... 2. A standard operating procedure by each Department will be developed for each of these pieces of equipment. ... 3. All employees that operate any of these pieces of equipment will be trained in the standard operating procedure. ... OPERATING PROCEDURE: ... Each operating procedure shall consist of the following sections: ... 1. Equipment a) b) c) brand name, type, model number; suppliers name and address; and specific machine requirements (i.e. temperature, humidity, etc.) ... ... 2. Materials a) List of materials that are consumed in the operation of equipment. ... 3. Pre-Start Up Inspection Olecklist ... The Employee is responsible. A walk around is to be,performed prior to starting up the equipment. ... a) The checklist will identify: i) ii) iii) iv) frequency (i.e. daily, weekly, monthlY) what items are to be checked what remedial action is taken when a problem is identified the operator who performs the checklist and the date it is performed. ... ... 29 ... 1 4 3 [+ ... ,.. - 4. TRAINING - 4.9 SAFETY MANUAL WORK PROCESSES Continued... ' - b) The checklist items may include such items as: .. ~ ii) ill) iv) v) v~ vii) all guards in place all manufacturers safety features are intact and operational no exceSSIve wear everything is fastened together/nothing is broken all mounts secured gauges, pressure, temperature, etc. no personnel can become endangered by start-up - - 4. Staff Precautions - a) List the precautions that the employee should take while running the equipment or working in the area, in order to prevent injury to himself or others. .. b) Information about what to do in emergency situations. 5. Personal Protective Equipment - - A list of all personal protective equipment that must be worn when operating the specific equipment must be identified. 6. Operation .. This section will explain in detail how to operate the equipment. It should be complete and as easily understood as possible. - 7. Shutdown/Lockout - Shutdown includes both shutdown of equipment, purging of lines, isolating the work area, etc. Steps should be clear as to emergency and! or regular shutdowns. - - - .... 30 1435 - ... 4. TRAINING ... ... 4.10 WORKING ALONE - POLICY IN PROGRESS ... .. ... ... .. Will ... IIIIIlI .. .. ... ... .. ... 47' I j () 31 .. ... .. .. 4. TRAINING - 4.11 EVACUATION/BOMB THREATS - POLICY IN PROGRESS - - - .. - - - - - - ... iii-. .. - - 32 1437 - ... 5. WORKPLACE HARASSMENT ... ... 5.1 POLICY AND PROCEDURE RESPONSIBILITY IIllIi The Corporation of the Municipality of aarington, CUPE Local 74 and the aarington Fire Fighters Association, Local 3139 fully supports the right for every employee to work in an environment free from harassment, as specified in the Ontari? Human Rights Code; RS.O. 1990. ... ... Every employee has the right to work in an environment free from harassment. No employee may be harassed because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, sexual orientation, age, record of offenses (provincial offences and pardoned federal offenses), marital status, family status or handicap. ... In keeping with its legal and social responsibilities as an employer, the management of the Corporation will treat any complaint of harassment as a serioUs matter. IllIIIi WHAT IS HARASSMENT? ... Any comment or conduct by an employer, someone acting for the employer or a co-worker towards any other employee which is intimidating, annoying or malicious and relates to: race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, sexual orientation, age, record of offenses (provincial offenses and pardoned federal offenses), marital status, family status or handicap, such as: - ~ ii) ill) IIIIIIl ... iv) unwelcome remarks, jokes or insults about a person's racial background, colour, place of birth, ancestry or citizenship; the displaying of racist, derogatory or otherwise offensive insulting gestures or practical jokes based on racial or ethnic grounds which cause embarassment; a refusal to converse or work with an employee because of his or her racial or ethnic background - any other situation as defined by the Human Rights Code. ... ... IIlI v) WHAT IS SEXUAL HARASSMENT? oJ a) vexatious comments or conduct that is know, or ought reasonably to be known, to be unwelcome; sexual advance or solicitation by a person who is in a position to grant or deny a benefit to another where the advance is known, or ought reasonably to be known, to be unwelcome; ... b) ... 33 11IIII 1438 ... .... - 5. WORKPLACE HARASSMENT - 5.1 POLICY AND PROCEDURE CONTINUED... - c) d) - - e) f) g) h) D j) - - reprisal or threat of reprisal by a person in a position to grant or deny a benefit to a person who has rejected his or her sexual proposition; unnecessary or unwanted physical contact, ranging from touching, patting or pinching to physical assault; leering or other suggestive gestures; unwelcome re~rks, jokes, suggestions or insults about a person's physical appearance, attIre or sex; displaying pornographic pictures or other offensive, sexually explicidy materia~ practical jokes of a sexual nature, which cause awkwardness or embarassment; demands or requests for sexual favours, particularly by a person who is in a position to grant o~ ?eny a ?e~efit comprormsmg mVItatlOns. ... WHERE IS THE WORKPLACE? - ... - - 1. - 2. - 3. ... .. 4. - .. The workplace is any location where business of the Municipality is being conducted such as offices and buildings of the Corporation. The workplace includes cafeterias, washrooms, locker rooms, work sites, and on-road vehicles. Harassment which occurs outside the workplace but which has repercussions in the work environment, adversely affecting employee relationships, may also be defined as workplace harassment. WORKPLACE HARASSMENT PROCEDURES Fundamental Principles A spirit of fairness to both parties must guide the proteedings. This includes the respondent's right to know both the allegations and the accuser, and the rights of both parties to a fair and impartial hearing. Confidentiality must be maintained. Any employee, who is the subject of a complaint, shall have the knowledge of the complaint within two (2) working days. The complainant who wishes to seek a remedy or a sanction through this procedure must be prepared to be identified to the respondent, and those involved in the resolution of the complaint. This policy provides that the complainant not be compelled to proceed with a complaint. It further provides the complainant with the right to withdraw a complaint at any point up to the final disposition of the matter. The respondent is entitled to a specific disposition of the issue. 34 1 47 q \ .J / ..... 5. WORKPLACE HARASSMENT ... 5.1 POLICY AND PROCEDURE CONTINUED ... ... 5. Every effort must be made to stop and desist the harassment immediately. .. NOTE: Any employee may at any time throughout the process (including disciplinary action) seek advice or assistance from the Ontario Human Rights Commission. Any person who believes he/ she is being harassed by another person is advised to take the following measures: .... The Complainant ... Step # 1- Ask the harasser to stop. Inform the harasser that his or her behaviour is unwelcome. An individual (although he or she should know better) may not realize that he or she is being offensive. A simple chat may resolve the problem If the person refuses to co-operate, remind him or her that such behaviour is against Municipal policy. ... .. Step # 2 - Keep a record of harassment. When did the harassment start? (e.g. dates, time, locations). What happened? Were there any witnesses? Were there any threats of reprisal? What was your response? Failure to keep a diary of the events will not invalidate your complaint. A record will, however, reinforce it. ... ... Step # 3 - Lodge a complaint. 3.1 If the harassment, despite your efforts to stop it, continues, you should report to the problem to the Municipal appointed Harassment Officer or Department Head or Supervisor. If the offending person is the Municipal ~ppointed Harassment Officer, the complainant should be taken directly to the Chief Administrative Officer or designate. ... .... ... 3.2 Where a manager or supervisor initially receives the official complaint, it is his/her responsibility to ensure that the Municipal appointed Harassment Officer is notified about the complaint within two (2) working days from when he/she first received it. The Municipal appointed Harassment Officer is then responsible for assessment and initiation of an investigation. .... ... 3.3 The Municipal appointed Harassment Officer must acknowledge receipt of a complaint within two (2) working days (to Manager/Department He ad/ Complainant! Alleged Harasser). ... ... 35 .. 44U .. . - 5. WORKPLACE HARASSMENT - 5.1 POLICY AND PROCEDURE CONTINUED ... ... THE MUNICIIP AL APPOINTED HARASSMENT OFFICER Step # 1 - Investigation of Complaint The Municipal appointed Harassment Officer will be responsible for investigating complaints except in situations where it is necessary or appropriate to have the investigation carried out by an external third party. ... - .. 1.1 Fact Finding The Municipal appointed Harassment Officer will conduct a one on one confidential interview with relevant parties to obtain information and clarify the details of the reported incident. Both parties will have an opportunity to identify witnesses or others to be interviewed. Where witnesses are not identified, or where otherwise appropriate, co- workers may be interviewed. All interviews will be conducted in a confidential manner. - .. . The Municipal appointed Harassment Officer will document the results and conclusions of the investigation after interviewing the complainant, respondent and any other relevant witnesses including co- workers if necessary. Complainant, respondents may be asked to verify documentation. ~ Where appropriate and necessary, the Municipal appointed Harassment Officer may contact the Ontario Human Rights Commission for advice or assistance. .. - 1.2 Preliminary Findings Where the information revealed early in the investigation suggests a reasonable possibility of a resolution, the Municipal appointed Harassment Officer may decide to propose an early settlement prior to conducting the entire investigation. .... Where this situation arises, the Municipal appointed Harassment Officer will convene a meeting with the parties involved to discuss preliminary findings of the investigation and inform participants of the possibility and nature of early settlement and the reasons. - ... This stage allows all parties to become aware of the tentative finds and presents an opportunity, based on the information, to resolve the matter upon agreement of all parties without further investigation. ... Where agreement is reached and the matter deemed resolved, the Municipal appointed Harassment Officer will prepare a summary report for the Chief Administrative Officer and appropriate Department Head. - - 36 i 4 4 - ... 5. WORKPLACE HARASSMENT .. 5.1 POLICY AND PROCEDURE CONTINUED ... - 1.3 Further Investigations Where, as a result of preliminary findings, a resolution cannot be reasonably proposed or achieved, or where the Municipal appointed Harassment Officer determines that file closure at this point would not be appropriate, further investigations will be conducted. -- ... 1.4 Notification and Discussion of Results The Municipal appointed Harassment Officer will subsequently schedule meetings with the complainant, alleged harasser, Department Head and Chief Administrative Officer where necessary, to present and discuss the findings and conclusions of the investigation. Separate meetings may be convened if necessary and all parties have a right to be represented. - .. 1.5 Report to Department Head A summary of the complaint and results of the investigation will be provided to the Chief Administrative Officer, Department Head and the parties affected by the outcome. -- 1.6 Disciplinary Measures If there is evidence of harassment, disciplinary measures will be taken by the Chief Administrative Officer as appropriate. Such discipline may include suspension or discharge. .. Milt 1.7 Malicious Complaints Where, as a result of an investigation, it is determined that the complaint was made maliciously - with a specific and directed intent to harm, or made in bad faith with reasonable knowledge of any intent to harm, formal disciplinary actions may be taken against the complainant. Documentation regarding the disciplinary action will be placed in the employee's personnel file. lilt' - Step # 2 .. Steps should be taken to prevent any re-occurrence of the harassment. If the complaint is found to be not supported, no documentation of the complaint will be placed with the employee file of the alleged harasser. .. It is the responsibility of the Department Head to make all re~sonable efforts to ensure that workplace harassment does not occur, and that there is no retaliation for having made a good faith complaint, in his or her department. 'llIf . - 37 .. 1 4 Ii ') I LfL .. .. .. 5. WORKPLACE HARASSMENT .. 5.1 POLICY AND PROCEDURE CONTINUED... .. What If You Are Accused? ... Assess your behaviour seriously. Understand that even if you did not mean to offend, your behaviour has been perceived as offensive. - Cease the behaviour that the person finds offensive and apologize. Failure to cease this behaviour will leave you more vulnerable to a formal complaint, which could lead to disciplinary action. ... If you believe the complaint is unfounded, discuss the matter with your supervisor and! or Department Head. .. You are entitled to know the allegations against you and to have an opportunity to respond. - DOCUMENT YOUR VERSION OF THE ALLEGED INCIDENT INaUDING TIMES, PLACES, WHAT HAPPENED AND ANY WITNESSES. ... ... ... - ... .. - ... .. 38 443 - .. -. ACQUIRED IMMUNE DEFICIENCY SYNDROME AND HUMAN IMMUNODEFICIENCY (HIV) VIRUS AND OTHER COMMUNICABLE DISEASES - 6. .. 6.1 POLICY PUlpose .." -II The Municipality of aarington has an obligation to provide a, safe work environmendor its employees and the safe delivery of services to its clients. .... The Municipality also recognizes that employees handicapped by illness have a right to continue to work, as long as these employees are able to perform the essential duties of their jobs in a satisfactory manner, and do not pose an unacceptable risk to their own health and safety, or that of others. There is therefore no justification for an employee to refuse to work with someone who is infected with a communicable disease by reason of that fact alone. .." -- An employee with a communicable disease, AIDS related condition or any other employee with a health problem has a right to privacy and to have private medical information held in the strictest confidence. ... Ongoing employment for someone who has a life threatening illness is important and may help to prolong the employee's life, therefore, sensitivity should be exercised in dealing with employees who have AIDS or other communicable diseases. ... .. Procedure 1. A person with a communicable disease is entitled to be treated as would any other employee or applicant having an illness. .." 2. Infected employees may continue to work as long as their doctors say they are well enough and they pose no risk to others. ... 3. There is no evidence that the presence in the workplace of an employee infected with HIV poses a risk to the health and safety of other employees. There is therefore no justification for an employee to refuse to work with someone who is infected with HIV or has AIDS, Hepatitis B or Hepatitis C by reason of that fact alone. .. .., 4. The Ontario Human Rights Code prohibits discrimination against or harassment of an employee by either the employer or co-workers on'the basis of handicap or perceived handicap, including that caused by an illness such as AIDS, HIV and other communicable diseases. MIl ." 1 4 4 4 39 ... ... .. .. 6. ACQUIRED IMMUNE DEFICIENCY SYNDROME AND HUMAN IMMUNODEFICIENCY (HIV) VIRUS AND OTHER COMMUNICABLE DISEASES .. ... 6.1 POLICY Continued... Education 1. - The Municipality will make every reasonable attempt to provide to all of its workers informatioJ;l and assistance to enable them to deal with problems which may arise concerning AIDS, Hepatitis B, Hepatitis C or other communicable diseases. - ... 2. The most up-to-date medical information will be provided to maximize health protection for employees whose work related activities may bring them into contact with the blood or body fluids of other people. - ~ 3. Procedures must be established by the Municipality and protective equipment provided to employees who may come into contact with blood and other body fluids in the course of their normal work activities or emergency situations. .. Sources of Information .. The most up-to-date and authoritative information available can be obtained from the following: ... Medical Officer of Health Regional Municipality of Durham 301 Golf Street Oshawa, Ontario 905-823-8521 Ontario Ministry of Health Health Information Centre 9th Floor, Hepburn Block Queen's Park Toronto, Ontario ... - Health & Welfare Canada Federal Centre for Aids Ottawa, Ontario K lA OU ... ... ... .. - 40 1445 - ... <III(Jl 7. CONTRACTOR SAFETY ... 7.1 POLICY AND PROCEDURE POLICY: .. Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: ., .. . the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the project; .. every employer and every worker perfonning work on the project complies with the Occupational Health and Safety Act and the Regulations (under the Act); and " Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. . ., DEFINITIONS: ... Conlr.1ctor- any individual or firm engaged by the Municipality to do work on behalf of the Municipality ." Project - means a construction project, whether public or private, including: 'tI/II the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; IIil the moving of a building or structure; and .... . any work or undertaking, or any lands or appurtenanc'es used in connection with constructIon. .. Constroction- includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. - .. 41 .. 1446 .. - ... 7. CONTRACfOR SAFETY - 7.1 POLICY AND PROCEDURE Continued... .. Constmctor- means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project himself or by more than one employer. .... Prrjoct Manaw - means the municipal management representative who has responsibility for a contract. ... PROCEDURE: - The following items are required before any Contractors are hired by the Municipality: a) .... b) .... ... .. ... - ... .. - - .. .. Before beginning a project, the project manager or designate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. The project manager or designate must include, as pa'::t of the request for tender/ quotations, a copy of the above mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and! or contractors. c) The request for tender! quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, the contractor(s) will be ~quired to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors I safety performance records. e) As part of the tender/ quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program f) The project manager or designate, if necessary, will provide the successful contractor with a workplace orientation which will include, but not be limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. 42 44/ .. 7. CONTRACTOR SAFETY .... 7.1 POLICY AND PROCEDURE Continued... .. h) ~ Before the start of the assignment the following documentation will be provided to the successful contractor, by the project manager or delegate: .., ~ it) ill) copies of the Municipal Corporate Health and Safety Program departmental health and safety policies workplace procedures regarding health and safety practices .", The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. """ .. j) The Municipality will retain the right to document contractors for all health and safety warnings and! or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/ or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and! or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). '. .. ... 'fII k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. . 1) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. ... m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. .. .... .. .. 43 .. 1 448 .. - "" 7. CONTRACTOR SAFETY - 7.1 POLICY AND PROCEDURE Continued... ... HEALTH AND SAFE TY PRACTICE FORM To Contractor(s): ... The Municipality ofOarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. .-- .. In order to evaluate your company's health and safety experience, please provide the accident/incident and! or Workplace Safety Insurance Board (WSIB) information noted below, where applicable. .. - The New Experimental Experience Rating (NEER) _ The WSIB experience rating system for non-construction rate groups ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... .. The Council Amended Draft # 7 (CAD-7) Rating _ The WSIB experience rating system for construction rate groups .0' .0' ... ... ... ... ... ... ... .0' ... ... ... ... ... ... ... ... ... ... ... ... .0... ... Injury frequency performance for the last two years - This may be available from the contractor's trade association. .0. '0' .0. '0' .0. ... .0' .0' ... ... .0. ... ... ... ... .0' ... ... ... ... ... ... ..... ... - Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). - .. Confirmation of Independent Operator Status - The WSIB independent operator number assigned: - (Bidders to include the Jetter confinning this status and number from WSIB with their bid submission). - - 44 1 4 t. Q I '-t / - .. 7. CONTRACfOR SAFETY .. 7.1 POLl CY AND PROCEDURE Continued... .. CONTRACfOR'S STATEMENT OF RESPONSIBILITY .." As a contractor working for the Municipality of aarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific polices and procedures and other applicable legislation or regulations. 1/ we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. - ... 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees: .. a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "A a'); and ..... b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the A a. ... 2. In the perfonnance of all matters required pursuant to this contractltender, the contractor/ successful tenderer shall: . a) act safely and comply in all respects to the A a, and b) ensure that its employees, its subcontractors and their employees act safely and comply with all aspects with the A a. .", "" 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the A a at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. ... 4. The contractor! successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on the site at ally time or times for the purpose of inspection to determine compliance with this contractltender. .. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the A a. ... ... . 45 .. 450 .. - .... 7. CONTRACTOR SAFETY - 7.1 POLICY AND PROCEDURE Continued... 6. - - - - .. - - The contractor/successful tenderer shall indemnify and save harmless the Municipality: a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the A a in the performance of any matters required pursuant to this contract! tender; b) against any action or claim, and costs related thereto, brought against the Municipality byany person arising out of any unsafe act or practice or any non-compliance with the A a by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract! tender; and c) from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the A a in relation to any violation of the A a arising out of this contract! tender. - Contractor Name of Person Signing for Contractor - Signature of Contractor Date ... - .. - - .. - 46 1 45\ - 7. CONTRACfORSAFETY .. 7.1 POLICY AND PROCEDURE Continued... ... Schedule "B" ... CONTRACfOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this form is to: (Issuer to check one of the following) ... D Provide warning to the contractor to immediately discontinue the unsafe work practices, if it affects our workplace, described below. .. D Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. IIllIi FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDERSHALL CONSTITUTE A BREACH OF CONTRACT. .. PART "A" - DETAILS OF CDNfRACf ... CDNfRACfORlP.O. # .. DESOUPTION: .. .. NAME OF FIRM: ... ... .. till till 47 ." 145(~ .. - - 7. CONTRACfOR SAFETY - 7.1 POLICY AND PROCEDURE Continued... - PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) - DATE AND TIME OF INFRACTION DESCRIPTION OF INFRACTION, INClUDING LOCATION: " - - . ORDER GIVEN BY MUNIOP ALI1Y: - - DID 1HE CONTRACTOR COMPLY WIlli THIS ORDER? - DATE AND TIME OF COMPLIANCE: - ISSUED TO: CONTRACTOR'S EMPLOYEE TI1LE - ISSUED BY: DEPARTMENT .TITI.E MUNIOP AL EMPLOYEE .. - PART "C" - ADDITIONAL COMMENTS TIllS SECTION TO BE USED INI'ERNALL Y TO RECDRD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTIffiR ACTION TAKEN, ETC - - - - 48 1 453 - ... To provide a clear understanding of the responsibility and procedures involved in a work refusal and! or work stoppage in compliance with the Occupational Health and Safety Act. The Act gives individual workers the right to refuse to work if they have reason to believe that it may endanger them or another worker. ... EXCEPTIONS: The following have a limited right to refuse or stop work due to dangers in health and safety: till full-time or a volunteer firefighter as defined in the Fire Departments Act .. employees who have a responsibility to protect public safety or where the refusal or stoppage would endanger the life, health or safety of another person, they may only refuse to work when a machine, tool, piece of equipment or work station is likely to endanger the worker. ., .. WORK STOPPAGES The Right to Refuse Unsafe Work .. PROCEDURES .. 1. A worker may refuse to work or do particular work where he or she has reason to believe that: ." ~ any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; .. ii) the physical condition of the workplace or the part thereof in which he/she works or is to work, is likely to endanger himself or herself; or ... ill) any equipment, machine, device or thing he/she is to use or operate, or the physical condition of the workplace or the part thereof in which he/she works or is to work is in contravention of the Act or the regulations and such contravention is likely to endanger himself/herself or another worker. .. )r See Chart .. 49 "" 454 .. - - 8. WORK REFUSALS/STOPPAGES - 8.1 - - - - - - - .. - - - - - - ... - POLICY AND PROCEDURE Continued... BILATERAL WORK STOPPAGE 2. When both joint health and safety committee Certified Members agree that a dangerous circumstance exists, they have the ability to direct the senior workplace manager or supervisor to stop work DANGEROUS CIRCUMSTANCES 3. The term" dangerous circumstances" is defined under Section 44 of the Occupational Health and Safety Act. The Act entitles' a Certified Committee Member to investigate a complaint from an employee that a "dangerous circumstance" is present. The Act defines a "dangerous circumstance" as a situation in which: i) ii) ill) a provision of the Act or the regulations is being contravened; the contravention poses a danger or a hazard to a worker; and the danger or hazard is such that any delay in controlling it may seriously endanger a worker. - ,~ See Chart 50 1455 8. WORK REFUSALS/STOPPAGES ... ... Following investigation, superv~or ag~ees and takes corrective action or agreement that work is safe Pending results of MOL investigation, the worker remains in a safe location near the work station or is assigned reasonable alternative work by the employer Pending results of MOL investigation, another worker may be assigned the work but he or she must be advised of the work refusal and the underlying reasons in the presence of the Cenified worker member THE RIGHT TO REFUSE UNSAFE WORK Under the Ontario Occupational Health and Safety fu:.t Worker believes work is unsafe Supervisor agrees and takes corrective action to eliminate hazard Resumption of Work Supervisor does not immediately agree and investigates the situation with Cenified worker member of Joint Health and Safety Committee Dispute: worker has reasonable grounds to believe work is unsafe Supervisor notifies Depanment Head or delegate and the Depanment of Human Resources Ministry of Labour (MOL) is immediately notified The employer, Depanment Head/Designate, -Safety Officer, Manger, Corporate Health, Safety & Benefits, the worker and the Joint Health & Safety Committee Cenified worker member are present at investigation by MOL The employer, the worker and the JHSC Cenified worker member receive MOL _ inspector's decision .. Worker immediately infonns supervisor of situation ... .. .. ... .. .. .. ... - .. ... ... .. 1 4 [, i~ I ..JJ ... 51 lIIf/II .. - - 8. WORK REFUSALS/STOPPAGES - BILATERAL WORK STOPPAGE - I S1EP 1 I Cenified member has reason to believe dangerous circumstances exist or has received a complaint that such exists I Cenified member Cenified member requests supervisor I S1EP 2 I entitled to time I investigate matter in his/her presence with pay I If not satisfied with supervisor's decision, Cenified member I S1EP 3 I cenified member may request second certified entitled to time member (management or worker, whichever . with pay the first is not) to investil!ate also - - - - - I S1EP 4 I If both certified members agree a dangerous If both do not I condition exists, they may direct the employer agree, mspector to stop work involved may be requested to investigate S1EP 5 Employer complies with direction and takes steps to remedy condition .. .. S1EP 6 Employer requests cenified member or inspector cancel direction - - S1EP 7 l I Cenified members jointly, or inspector, cancels direction - - S1EP 8 Employer, members, etc. may appeal inspector's order to adjudicator or file complaint that cenified member acted recklessly or in bad faith in making or not making direction to stop work - - - 52 1457 - .. 8. WORK REFUSALS/STOPPAGES ... 8.1 POLICY AND PROCEDURES Continued... .. RIGHT TO REFUSE UNSAFE WORK Steps to Follow: .. Worker reports problem to supervisor and remains in a safe place. , .. ~upe~isor, :vor~r's safety representative or committee member and worker, mvestIgate SItuatIOn. III · Worker returns to work if he/she deems situation no longer dangerous. If parties reach an impasse: .. Worker continues to refuse if reasonable grounds remain. .. · Worker stays in a safe place, unless assigned alternative work. Ministry of Labour Inspector requested by worker, worker's safety representative or employer, investigates refusal. .. . Inspector conducts investigation in presence of all parties. ... Inspector issues v.rr.itten decision. - Worker returns to work following the completion of required action. .. ... .. .. .. .. 1458 53 -' .. - - 9. WORKPLACE INSPECtION - - 9.1 POLICY AND PROCEDURES PURPOSE To inspect the physical condition of the workplace: identifying, evaluating and recommending corrective measures for the elimination of potential or actual dangers/ hazards. - - - - - - - - - - - - - - .. INSPECTION POLICY: 1. The Joint Committee members who represent workers and management shall designate a minimum of one (1) member each to inspect the physical condition of the workplace(s) at least once a month in accordance with a schedule established by the Joint Health and Safety Committee. 2. Inspections shall be conducted during the first week of each month unless otherwise agreed to by the Joint Health and Safety Committee. 3. All occupational health and safety concerns raised during the physical inspection will be recorded on an appropriate workplace inspection form and signed by the member(s) performing the inspection and the attending worker. INSPECTION PROCEDURES: 1. J oint Health and Safety Committee must be accompanied by a staff member of the facility, if possible, being inspected. 2. All members conducting inspections will be required to wear the appropriate personal protective equipment, e.g. hard hat, work boots. 3. The Joint Health and Safety Committee Member inspecting the workplace shall: a) make employee attending the inspection aware of any hazardous or unsafe SItuatIon. b) if dangerous situation, request the employee to remove or repair the situation, and to advise their immediate supervisor. c) record any and all hazards on the workplace inspection forms. d) at the end of the workplace inspection, the report is reviewed with the immediate Supervisor. The report is then posted. 54 14rq I J / 9. - WORKPLACE INSPECfION .. 9.1 POLICY AND PROCEDURES Continued... .. 4. The workplace inspection form will be forwarded to the Co-chairpersons of the Joint Committee and to appropriate Department Head (or Designate) within three (3) days of the workplace inspection. The appropriate Department Head (or Designate) will inform the Joint Health and Safety Comrninee of the status of the outstanding items by the next Joint Health and Safety Comrninee meeting. .. .. 5. .. 6. If there is no resolution of outstanding items a recommendation to the employer will be made. The employer will have 21 days to respond. .. .. .. .. .. .. IIIIIIl .. ... .. .. 55 .. 46U .. - - 9. WORKPLACE INSPECTION - 9.1 POLICY AND PROCEDURES Continued... - BASIC CHECKLIST FOR WORKPLACE IN5PECfIONS - 1. Walking and working surfaces 2. Stairs and ladders - 3. Exits - 4. Fire Prevention - 5. Housekeeping - 6. Notices and bulletin boards for posting all Health and Safety information - 7. Personal protective equipment - 8. Storage of hazardous materials - 9. First aid equipment - 10. Material Safety Data Sheets (M.SD.S.) - - .. .. - 56 1461 - .. 9. WORKPLACE INSPECTION .. 9.1 POLICY AND PROCEDURES Continued... .. SUGGESTIONS OR METHOD OF IDENTIFYING WORKPLACE SAFETY HAZARDS AND VIOLATIONS 2. ... 1. Oleck previous workplace inspection forms to ensure appropriate action has been implemented and! or initiated. .. Ask the attendant questions/communicate with the workers. They are most familiar with the workplace and may be aware of overlooked hazards. .. 3. Obtain information from employer and! or workers. .. 4. Physically observe all areas, open all doors. 5. Use physical senses to identify chemicals, etc. .. 6. Oleck for safe operating practices, especially if ladders or lockout procedures are involved. .. 7. Review all warning devices, not only for function but also for effectiveness. Include safety devices found on equipment, structures and vehicles. .. 8. Ensure all restricted equipment operation is operated by authorized personnel and all operational checklists are complete. - 9. During the inspection also include areas such as parking lots, back stairs, emergency exists, hallways and store rooms. .. 10. Observe the entire work environment to identify process and employee hazards. Missing personal protective equipment, horseplay, rushing, reaching, repetitive movement and improper lifting are examples of proc~ss and employee hazards. - 11. Review the preventative maintenance and pre-use programs in place for use of machinery and! or vehicles. Oleck programs for completeness and effectiveness. ... - .. .. 57 .. 1462 .. - - - - - - - - - - - .. - - - - - - .. 9. WORKPLACE INSPECTION 9.1 POLICY AND PROCEDURES Continued... WHAT TO DO IF YOU ENCOUNTER A HAZARDOUS OR UNSAFE SITUATION: a) make employee attending the inspection aware of the situation. b) advise the employee to isolate the danger areas. c) remove or repair the situation, or if not practical, advise their immediate supervisor. d) record the hazard on the workplace inspection form. e) report hazard or unsafe condition to the Joint Health and Safety Committee. 58 1463 .. 9. WORKPLACE INSPECfION ... 9.1 POLICY AND PROCEDURES Continued... - IDENTIFY HAZARDS - TYPES OF HAZARDS .. 1. SAFE TY HAZARDS l~ Unguarded machines .. l~ Unbolted filing cabinets l~ Slippery floors l~ Trenching .. ,~ Guttered aisles 2. CHEMICAL HAZARDS .. l~ As bestos l~ Solvents, e.g. benzene, toluene .. l~ Welding fumes l~ Pesticides l~ Carbon monoxide .- l~ Formaldehyde in insulation, furniture, etc. 3. BIOLOGICAL HAZARDS ... l~ Bacteria - salmonella, staph, T.B. l~ Viruses - l:- Parasites l~ Animal bites lc Humidifier lung .. lc Hepatitis 4. PHYSI CAL .. l:- Noise l~ Heat and Cold .. lc Vibration * Lighting l~ Radiation - VD.T.'s, X-ray, sunlight ... l~ Violence .. .. 59 .. 4 '1 64 .. - - 9. WORKPLACE INSPECfION - 9.1 .. - - - - - - - - - - - - - - - POLICY AND PROCEDURES Continued... 5. ERGONOMIC/MUSCULO-SKELETAL HAZARDS II- Desks II- Chairs/seats Ii- Storage shelves requiring stretching II- Lifting II- Unnatural working positions in sewers II- Work station design, e.g. computer keyboards 6. PHYCHO-SOCIAL/STRESS HAZARDS II- Gtt backs II- Shift work * Sexual harassment II- Overtime 'I- Public distrust/hostility DANGEROUS o RCUM ST ANCES DEFINITION: Dangerous circumstances are defined under the Act as situations where: a provision of the Act or Regulations is being contravened; the contravention poses a danger or a hazard to a worker; and the danger or hazard is such that any delay in controlling it may seriously endanger a worker. Section 48(1) A certified member who receives a complaint that dangerous circumstances exist is entitled to investigate the complaint. 60 1 4 b Ij 9. - WORKPLACE INSPECTION IIIIIIl 9.1 POLICY AND PROCEDURES Continued... - CERTIFIED MEMBER SECTION 45 - 1. A certified member who has reason to believe that dahgerous circumstances exist at a workplace may request that a supervisor investigate the matter and the supervisor shall promptly do so in the presence of the certified member. .. 2. The certified member may request that a second certified member representing the other workplace party investigate the matter if the first certified member has reason to believe that dangerous circumstances continue after the supervisor's investigation and remedial actions, if any. .. .. 3. The second certified member shall promptly investigate the matter in the presence of the first certified member. .. 4. If both certified members find that the dangerous circumstances exist, the certified members may direct the constructor or employer to stop the work or to stop the use of any part of a workplace or of any equipment, machine, device, article or thing. - 5. The constructor or employer shall immediately comply with the direction and shall ensure that compliance is effected in a way that does not endanger a person. ,." .. 6. If the certified members do not agree whether dangerous circumstances exist, either certified member may request that an inspector investigate the matter and the inspector shall do so and provide the certified members with a written decision. .. - 7. After taking steps to remedy the dangerous circumstances, the constructor or employer may request the certified members or an inspector to cancel the direction. IIllIi 8. The certified members who issued a direction may jointly cancel it or an inspector may cancel it. IIllIi 9. In such circumstances as may be prescribed, a certified member who represents the constructor or employer shall designate a person to act under this section in his or her stead when the certified member is not available at the workplace. 1990, c. 7,s. 25, part. ... .. .. 61 .. 1466 .. - - 9. - - - - - - - - - .. - - - - - - - WORKPLACE INSPECTION 9.1 POLICY AND PROCEDURES Continued... DISTRIBUTION OF INSPECTION REPORTS 1. 2. 3. 4. 5. 6. Joint Health and Safety Committee Main File Department Head Co- Chairs Chief Administrative Officer J oint Health and Safety Committee Members Facility Attendant at time of inspection 62 1467 SUBST ANDARD CONDITIONS AND CORRECfIVE MEASURES SUMMARY ITEM HAZARD DATE: LOCATION: NO. Q..ASS Mgmt. Rep. Signature Union Rep. Signature DESCRIPTION ASSIGNED , RESPONSIBILITY SIGN UPON DATE FOR COMPLETION COMPLETED CORRECfION , - - . ClASS 'A'likelihood of death, loss of body part! permanent loss or major structure or item ClASS 'B 'likelihood of serious interruptive injury, serious reparative damage ClASS 'C' likelihood of minor loss I ... MUNIOPALITY OF CLARINGTON JOINT HEALTH AND SAFE TY COMMITTEE WORKPLACE INSPECTIONS .. .. .. .. ... ... .. .. ... ... ... ... .. ... .. Workplace Employee Workplace Supervisor .. 63 ... 1460 ... .... - - 9. WORKPLACE INSPECfION - 9.1 POLICY AND PROCEDURES Continued... LEGISLATIVE REQUIREMENTS FOR WORKPLACE INSPECfIONS PART II Sec. 8 (23) - - - (24) - (25) - (26) - (27) - .. - - - - - - - Subject to subsection (24), the members of a committee who represent workers shall designate a member representing workers to inspect the physical condition of the workplace; If possible, the member designated under subsection (23) shall be a certified member. The members of a committee are not required to designate the same member to perform all inspections or to perform all of a particular inspection. Unless otherwise required by the regulations or by an order by an inspector, a member designated under subsection (23) shall inspect the physical condition of the workplace at least once a month. If it not practical to inspect the workplace at least once a month, the member designated under subsection (23) shall inspect the physical condition of the workplace at least once a year, inspecting at least a part of the workplace in each month. (28) The inspection required by subsection (27) shall be undertaken in accordance with a schedule established by the committee. (30) The member shall inform the committee of situations that may be a source of danger or hazard to workers and the committee shall consider such information within a reasonable period of time. (34) A member of a committee is entitled to: (a) such time as is necessary to carry out the member's duties under subsections (26), (27) and (31) 64 4(Q o / II q)- MO (';j ~ ~ ~ Z~h o8~~ ~ 0:.. ~ ~ ~~~ d~O aC/)~ ~~~ ~~tJ ~~~ tJ~~ ~~~ Z 5 ~ c o 'r::; (';j u o .....l ';:,- .f' u ~ l.L ~ f.=; -0 C (';j q) +-' (';j Q c o 'r::; u Q) 0- V) C ........ M~ ~ 0 'p s::: u (';j QJ .... 0.. QJ ~ ~ ... 8-~ ;JO 0 8 .:; q) ~ ":::P-. -0 t:: 0 D 0 0 D D 0 0 ~ .9 u tJ 0 0 0 0 0 0 0 0 ~ ~ C s::: C C s::: C C s::: c3~ 0 D 0 0 D D 0 D 8'E q) ;:l II) II) II) II) II) II) II) II) ":::0 ~ ~ ~ ~ ~ ~ ~ ~ s::: o"'U' .~ :-; ~ ~ q) ~ II) QJ Oe --:- u ... QJ s::: ~ .9 ~ ~. u ... oV) t-lE' 0 ~ ...... V) ;....::I E U ll) Q) ... 0- ........ 'll:: 1 L IU L/") '" .... - - - 10. ACCIDENT INVESTIGATION - 10.1 POLICY AND PROCEDURE - ACCIDENT /INODENT REPORT - Definitions: Accident - Occupational Disease - PURPOSE: - - 1. - 2. 3. - 4. - - - - - - - - The prime objective of the accident report is to provide details for the accident investigation. POLICY: All accidents and! or incidents must be reported to the Joint Health and Safety Committee in writing 48 hours after the occurrence. All details as oudined on the Accident/Incident Report Form must be completed. Joint Health and Safety Committee Certified Members v.ill conduct investigations with the appropriate Department Head/Designate. ' The Department Heads or their designates must inform the Ministry of Labour as set out in the OHSA as it refers to critical injuries on any reports that involve lost . .., tIme mJunes. ACCIDENT INVESTIGATION PURPOSE: The final report is designed to help the workplace learn from the accident. Measures must be identified and implemented to prevent a reoccurrence. 66 1 4 7 1 .. 10. ACCIDENT INVESTIGATION .. 10.1 POLICY AND PROCEDURE Continued... ... PROCEDURE: .. The report should include, but not be limited to, the following: 1. 2. 3. 4. 5. 6. 7. All events contributing to the accident. Identify deficiencies or breakdowns in the system Immediate and underlying causes. Summarize deficiency and recommendations. Attending Physicians report. Evaluation and implementation by supervisors. Follow-up. .. .. .. .. .. .. .. ... .. .. ... .. .. 1472 67 .. ... - - MUNIOPALITY OF CLARINGTON - EMPLOYEE ACCIDENT REPORT INSTRUcrIONS ~ Parts A and C to be completed by the immediate supervISor. Part B to be completed by the employee. _ To be signed by employee and supervisor 5. The Department Head to review, approve and forward to Payroll within 24 hours. The immediate supervisor must submit to Department - Head. eIVisor - - - What caused the accident . e. Adverse conditions, improper practices, equipment, 1aterials, actions of other persons - (!hat action is to be taken to prevent a recurrence of this illlfCcident type? Follow up action assigned to whom? ''{'hat is the completion date? I ~)REVENTION I How will employee prevent a recurrence of this type of ccidem - .. PART C: Continued 1. Was the injury or occupational disease the result of a specific accident or did it occur over a eriod of time? S ecified Accident YO N 0 If Yes, Da Month Year a.m. .m. 2. Is this a recurrence of a previous injury! occupational disease? YO NO If yes, provide date of previous injury! occupational disease Day Month Year dairn No. 3. To whom was the in' Name: Title: Phone Number: 4. Date and time reponed to employer: oned? Day Month Year p.m. a.m. 5. Was there a delay of more than a day in the worker reponing to the employer? YON 0 If yes, please explain: Were you unable to repon to work due to the injury? yo NO 6. Worker lost time and! or earnings because of this injury or occupational disease? YON 0 If yes, give date and time leave started: 7b Indicate on chart the site of the injury: ~.~~ .1' . - I 't-:-" " ;. ',.,'i.! . ;' " , .l....~.<.'~'.,i -( l^?('" .j...././ "'. ':F" :1:! ~'I . "".-' \ 8. Describe injury and list weights, distances and movements involved. If this is a claim for an occupational disease, list all exposures to noise, chemical agents, etc. and duration of the exposure: 147) 68 .. 9. Where did the accident or occupational disease occur? (name and address of location) ~-~ Have there been any previous injuries or diseases to this pan of the 10. body? yo NO PARTC: ..iQn~.Completed bYthe.Supej-Vis9l" If yes, please explain: Employee's Full Name: Employee's Address: 11. Give names, address and telephone numbers of two (2) people who witnessed the accident, if possible: Position /Title Depanment Name: I Phone: Address: Employee's days of work (circle desired days) Name: I Phone Mon. Tues. Wed. Thurs. Fri. Sat. Sun. Address: 12. Was there any delay in the worker seeking medical attention: Y D NO Normal Working Hours If yes, explain: 13. Type of Injury First Aid 0 Medical Aid 0 Lost Tune 0 Name of Hospital! Oinic: Employee Signature Name of Doctor: .. , # .. , ~ ... I ... j .. J J Supervisor Signature Revised: January 2001 Copies: 1 & 2 - Payroll 3 - Originating Department J Department Head Signature .J Pen;onal information contained on this form is collected under the authority of the Occupational Health and Safety Act and will be used to maintain a record of the incident. Questions about this collection should be directed to the Municipal Gerk, 40 Temperance Street, Bowrnanville, Ontario (905) 623-3379. f f .. I .. j .J J j j .. 1 4 7 i~ .. 69 .. - - 11. INJURY ASSESSMENT PROGRAM - - 11.1 NEW EXPERIMENTAL EXPERIENCE RATING (NEER) POLICY - To participate in a voluntary reporting program which provides relevant statistical information on a municipal service basis. - INTRODUCTION - NEW EXPERIMENTAL EXPERIENCE RATING 1. - - 2. 3. - 4. - The New Experimental Experience Rating plan promotes effective health and safety practices through a system of assessment refunds and surcharges based on your annual accident record. NEER considers the current, future and administrative costs of each claim. NEER protects individual employers, especially smaller ones from the full costs of an unusually high cost claim or accident year. The plan refunds employers whose accident record is better than average and surcharges those with accident records below average: - 11.2 MODIFIED WORK - - - - - - - - POLl CY 1. The Municipality will endeavour to accommodate any employee who has been injured at work who can return to work with little or 1)0 time lost. Modified work duties in no way affects one's right to compensation benefits or future benefits should they require them. INTRODUCTION Modified duties are modifications to one 's normal job duties which allow one to remain at work while they recuperate from their injury. PROCEDURE 1. Modified duties will be discussed with the worker and their physician to ensure that required measures are taken. A Doctor's Certificate may be required. 2. 147'5 70 ... all 12. INDOOR AIR QUALITY .. 12.1 POLICY IN PROGRESS .. ... .. .. .. .. .. .. .. .. .. IIIIIIl .. .. 71 .. 1476 ... '--~, a : - '-.\ "-^-- ~.-' . ,. Schedule "B" - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 99- 145 - - Being a By-law to establish an Occupational Health and Safety Policy and an Occupational Health and Safety Program as required by the Occupational Health and Safety Act and to repeal By-law #98-110. - WHEREAS, the Corporation of the Municipality of Clarington is committed to providing a healthy and safe work environment for all personnel. And whereas the Occupational Health and Safety Act requires each employer in the Province of Ontario to prepare and review at least annually a written Occupational Health and Safety Policy and to develop and maintain a program to implement that policy. NOW THEREFORE, be it enacted by the Council of the Corporation of the Municipality of Clarington as follows: - - - - 1. THAT the Health and Safety Policy, Schedule A and the Program, Schedule B, which are attached to and form a part of this by-law, are hereby adopted as the Municipality of Clarington's Health and Safety Policy and Health and Safety Program. - 2. THAT By-law #98-110 be hereby repealed. 3. THAT this By-law shall come Into force and take effect on September 20, 1999. - - - By-law read a first and second time this 27 day of September, 1999. By-law read a third time and finally passed this27 day of September, 1999. - - 1/dA'~~/ Mayu - - - 1 477 - SCHEDULE A ... Revised July 1999 ... I MUNICIPAL HEALTH & SAFETY PROGRAM POLICY STATEMENT .. The Mayor, Council and Management of the Corporation of the Municipality of Clarington are committed to the Health & Safety of its workers. It is the policy of the Municipality to provide safe equipment, safe practises and a safe work environment to all workplaces of the Corporation. .. .. The corporation will provide and maintain a safe & healthy work environment in compliance with the Occupational Health & Safety Act and all pertinent regulations. It is our belief that accidents and injuries can be prevented. The prevention of accidents is an objective affecting all levels of the organization and its activities. .. .. At all workplaces it is the responsibility of management to fulfil the commitments set forth in this policy. All workers must protect his/her own safety and must personally conduct themselves in a manner, which will promote safe work practices and procedures. III IIllIi Mayor .. Clerk .. .. .. ... ... ... ... 1 1478 .. .... ,.. SCHEDULE B - II Municipal Health and Safety Program - .. The Municipality of Clarington through its various Departments will demonstrate the development, implementation and maintenance of a comprehensive health & safety program through the following initiatives. 1. Safety Manual - - Provide a users manual for all municipal equipment, tools and processes and identify equipment and procedures, which require instruction, training or certification. - 2. Compliance Promote awareness and compliance of all workers with legislation including - the Occupational Health and Safety Act and Workers Compensation Act. 3. Safety Responsibility - Reinforce the Municipality's commitment to the Health and Safety Program and to establish ongoing training programs to educate employees and - promote awareness and to meet regularly with workers. 4. Workplace Inspections - To train, implement and ensure adherence to the procedure for the timely reporting of dangerous situations and the implementation of corrective - measures through regular workplace inspections by identifying and evaluating, potential and actual hazards to protect the worker. - 5. Accident Investigation Procedure - To train, implement and ensure adherence to the appropriate accident investigation procedures is the responsibility of all Department Heads and/or designates in compliance with the Occupational Health and Safety Act. Implement a thorough accident investigation procedure involving the Department Heads and the Joint Health and Safety Committee (Certified Members) to ensure a complete, objective and co-operative investigation to identify its causes and consequences and submit recommendations. .. - - 2 - 1479 - 6. Education and Training Develop, implement and evaluate worker training programs and review procedures annually with the Joint Health and Safety Committee which will assist management and supervisors in the implementation and maintenance of a safe work environment. 7. Contractor Safety To train, implement and ensure adherence to the policy and procedure to include minimum health and safety requirements for contractors prior to being hired by the Municipality to be consistent with municipal procedures and to include procedure for warning and/or stop work orders to be followed should any contractor violate the established requirements. 8. Workplace Harassment To train, implement and ensure adherence to the policy and procedure dealing with all types of workplace harassment. 9. Safety Awareness To support the annual Safety Awareness Week to promote health and safety in the workplace. 10. Municipality Injury Frequency - Assessment Program Participation in a voluntary reporting program which provides relevant statistical information on a municipal service basis. 1 4 (3 U ... ... ... ... ... .. .. ... .. .. .. .. .. .. IIllIi .. .. 3 lIIIIi .. - - Schedule "C" - Revised: November 25, 2002 - - JOINT HEALTH AND SAFETY COMMITTEE - - Non Affiliated Members Affiliated Members - Patti Barrie Tom Vendrasco Lou Ann Birkett Pete Lomax - George Acorn Rob Groen Fred Horvath Dan Welsh Sheila Schweizer Chad Wubbolt - Erica Badley Mark Sutherland Gord Weir Judy Pell - Alternates Alternates - Marie Marano Marc Ladouceur Marie Knight Stanley Kathe Groen Nancy Taylor Linda Vance .' Candice Doiron Rob Mackay - - Meetings are on the 3rd Wednesday of each month .. - .... 1481 ... ... .. .. .. .. IIIlIii .. .. .. .. .. 'Ill .. IIllIi j ... J J J