HomeMy WebLinkAbout02/09/2004 �.
Cla ri
Leading the Way
�. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: FEBRUARY 9, 2004
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 January 26, 2004 301
4. DELEGATIONS
(a) Mr. Claudio Covelli, Dillon Consulting, 235 Yorkland Boulevard,
Toronto, M2J 4Y8 — Report ESD-003-04
(b) Mr. Glenn Case, Director of the Port Hope Area Initiative,
Low Level Radioactive Waste Management Office, 5 Mill Street
a- South, Port Hope, L1A 2S6 — Results of the Alternative Means
Process for the Port Granby Project Environmental Assessment
5. PUBLIC MEETINGS
No Public Meetings scheduled for this meeting.
6. PLANNING SERVICES DEPARTMENT
(a) PSD-017-04 - Removal of Holding Symbol to Permit 2 Semi-Detached
Units and 1 Single Detached Unit
—
Applicant: Paul Lysyk Family Trust 601
.� CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379
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G.P. & A. Agenda - 2 - February 5, 2004
(b) PSD-018-04 - The Report of Mr. David R. Vine, Q.C., the Inquiry
Officer, Under the Expropriations Act Respecting the
Proposed Expropriati n of 774 Martin Road,
Bowmanville, and Consideration of the Inquiry
Report by Council 607
7. ENGINEERING SERVICES DEPARTMENT
(a) EGD-05-04 - Traffic By-law 91-58 Amendments to Convert
Numerous Yield Signs to Stop Signs 701
(b) EGD-06-04 - Longworth Road and Bridge Land Transfer 711
8. OPERATIONS DEPARTMENT
No Reports
9. EMERGENCY SERVICES DEPARTMENT
(a) ESD-002-04 - Monthly Fire Report— December 2003 901
(b) ESD-003-04 - Master Fire Plan 904 �+
10. COMMUNITY SERVICES DEPARTMENT
No Reports
11. CLERK'S DEPARTMENT
No Reports
12. CORPORATE SERVICES DEPARTMENT
(a) COD-005-04 - Single Stream Payment for Regional Compensation 1201
(b) COD-006-04 - Visual Arts Centre 1204
13. FINANCE DEPARTMENT
No Reports
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G.P. & A. Agenda - 3 - February 5, 2004
14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
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(a) ADM-001-04. - Confidential Personnel atter
(To be distributed und�r separate cover)
15. UNFINISHED BUSINESS
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16. OTHER BUSINESS
17. ADJOURNMENT
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee January 26, 2004
Minutes of a meeting of the General Purpose
and Administration Committee held on
Monday, January 26, 2004 at 9:30 a.m., in the
Council Chambers.
ROLL CALL
Present Were Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
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 Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance/Treasurer, N. Taylor
Municipal Clerk, P. Barrie
Administrative Assistant to the Municipal Clerk, H. Keyzers
Mayor Mutton chaired this portion of the meeting.
DISCLOSURE OF PECUNIARY INTEREST
Councillor Trim indicated that he would be disclosing a
pecuniary interest with respect to Report PSD-009-04.
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MINUTES
+. Resolution #GPA-047-04
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the minutes of a regular meeting of the General
Purpose and Administration Committee held on
January 12, 2004, be approved.
"CARRIED"
G.P. & A. Minutes - 2 - January 26, 2004
ANNOUNCEMENTS '
Mayor Mutton advised that he had been speaking to the
Minister of Energy's office and t.11.I-at they will be meeting soon
to'discuss the advanced CANDID reactor being placed on the
former ITER site. "`
DELEGATIONS
Resolution #GPA-048-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Debbie Clarke, Valiant Property Management, be added to
the list of delegations.
"CARRIED
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(a) Brad Savage, Junior Achievement of Durham,
1 Mary Street N., Oshawa, 1-1 G 7W8, appeared
before Committee to discuss the Junior Achievement
Program. In grade 8 classrooms, every April, they
discuss the Economics of Staying in School and
noted that the Program's success is dependant on
volunteers. Mr. Savage introduced Terry Melbourne,
a volunteer for Junior Achievement, advising that the a
Program makes a difference in our children's lives.
The volunteers are people who give their time and
experience to help children. Ms. Melbourne read
some quotes from children pertaining to the Junior
Achievement of Durham Program. She noted that the
Program helps our children become self sufficient and
contributing members of the community. To become
a volunteer takes 2 1/2 hours of training and one full
school day with a classroom of students. Ms.
Melbourne noted the documentation circulated to
Members of the Committee earlier and advised that
there is a registration form enclosed. •+
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G.P. & A. Minutes - 3 - January 26, 2004
am-- DELEGATIONS
(b) Edmond Vanhaverbeke, 20 Robert Street West,
Unit A, Newcastle, L1 B h C6, advised Committee
that as of last Friday he h�ias purchased the Kiradaar
lands. The lands are subject to four Ontario Municipal
Board appeals. Mr. Vanhaverbeke noted that he has
reviewed the proposals for the draft plan and has no
issues with what staff has recommended. Mr.
Vanhaverbeke requested that the recommendations
contained in Report PSD-010-04 be approved and
that the Ontario Municipal Board be contacted to
withdraw all appeals.
(c) Dan and Margaret Maskell, 320 King Avenue,
Newcastle, L1 B 1 H7, advised Committee that they
did not wish to speak.
(d) David Rickard, 80 Given Road, Newcastle,
L1 B 1 L9, advised Committee that he did not wish to
speak.
(e) Chris Conti, Friends of Second Marsh,
206 King Street East, P.O. Box 26066, Oshawa,
L1 H 1 CO, appeared before Committee regarding
Report FND-002-04. Mr. Conti provided an update on
the recent developments pertaining to the Friends of
Second March. He noted that General Motors of
Canada has donated lands west of the municipal
Townline. Mr. Conti advised that their application for
Provincial funding to complete design work has been
approved and that they are in the process of applying
to the Department of Fisheries. He noted that any
support from the municipality would be appreciated.
r., (f) Debbie Clarke, Valiant Property Management,
177 Nonquon Road, 20th Floor, Oshawa, L1 G 352,
appeared before Committee in support of the
.. recommendations contained in Report PSD-015-04.
She did note, however, that the language contained in
the Term of Reference did not suggest a timeframe.
�- She suggested that a timeframe be initiated for work
to be completed. If not met, developers could be
subject to a penalty.
Councillor Schell chaired this portion of the meeting.
G.P. & A. Minutes - 4 - January 26, 2004
PUBLIC MEETINGS
Pursuant to the Planning Act, the Council of the Municipality di
of Clarington, through its General Purpose and
Administration Committee, is holding a Public Meeting for
the following applications:
(a) Official Plan Amendment and Zoning By-law
Amendment Applications
Applicant: Michael Ricciuto
(b) Official Plan Amendment, Zoning By-law Amendment
and Plan of Subdivision Applications
Applicant: Courtice Woods Inc.
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(c) Official Plan Amendment and Zoning By-law
Amendment Applications
Applicant: Tarola Enterprises Inc.
David Crome, Director of Planning Services, provided a
verbal background pertaining to Report PSD-010-04.
(a) Report PSD-010-04 - Michael Ricciuto - the purpose and
effect of this application is to permit the expansion of the
Hampton hamlet boundary to permit the development of
eight (8) single detached dwellings.
Linda Gasser, P.O. Box 355, Orono, LOB 1 MO, appeared before
Committee regarding Report PSD-010-04. She noted that it
would be premature of her to state whether she was for or
against the report. She requested Committee Members to
consider major issues relating to Bill 26 and 27. She questioned
why Regional approval is required but not approval from the
Ontario Municipal Board. Ms. Gasser also noted that she is not
clear on the total property size discussed in the report. She
questioned what Hampton's current population was and the
number of residential units. Ms. Gasser stated that the Hampton
community would be interested in what the overall planned is. Is
this the first of eight lots planned for many more to come? She
noted that a Settlement Capacity Report would be required. Ms.
Gasser questioned why the municipality is using cash in lieu
instead of parkland. She requested that she be included on the
list of interested parties pertaining to Report PSD-010-04.
G.P. & A. Minutes - 5 - January 26, 2004
•- PUBLIC MEETINGS
Mark Matheson, 49 Ormiston Street, Hampton, LOB 1J0, advised
Committee Members when he purchased his home he was told
that the agricultural land would remain. He noted that a lot of
people use this land for recreational activities. Mr. Matheson
questioned where the future park would be built and if the
developer was going to buy the whole property and cut down all
the trees. He noted that the future Highway 407 expansion could
be going through this area and that the trees act as a buffer
zone. Mr. Matheson questioned what would happen if the wells
in the area are contaminated. He requested that he be placed
on the list of interested parties pertaining to Report PSD-010-04.
Mark Larocque, 7 Perry Avenue, Hampton, LOB 1JO, concurred
with the concerns raised by Mr. Matheson. He noted that the
subject property acts as a good buffer zone for the future
Highway 407. He advised that he is concerned with his quality of
water and noted that Hampton is a very ecological and
environmentally friendly village and that they can't afford to lose
it. The residents of Hampton would become uncomfortable with
the possible expansion.
Libby Racansky, 3200 Hancock Road, Courtice, L1 E 2M7,
` advised that she concurs with the concerns raised by the
previous speakers. She requested clarification of the Terms of
Reference that appear on page 606 of Report PSD-010-04. She
also requested that she be added to the list of interested parties
pertaining to the report.
Owen Webster, P.O. Box 196, Hampton, LOB 1J0, advised
Committee that he lives across from the subject property. He
has concerns pertaining to his water, that this would just be
phase 1 of the plan and the structural size of the houses being
built would devalue his property. He noted that when he was
building his house he had to pay to upgrade the road and is
wondering if he is entitled to any refund.
.. Brian Annis, 11 Perry Avenue, Hampton, LOB 1JO, advised
Committee Members that he has lived in Hampton for 32 years.
He noted that at one point there was talk about installing an
.� aquaduct. He is concern with the impact the development will
have on the water, resident's wells and that the municipality
might have to install water and septic systems.
G.P. &A. Minutes - 6 - January 26, 2004
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PUBLIC MEETINGS
Michael Ricciuto, 70 Cawkers Cpve Road, Port Perry, L9L 1 R6,
advised Committee that he own three separate parcels of the
subject property. He noted thane has applied to create eight
lots and that he fully understand§ the issue of residents. He
realizes that Hampton is a tight-knit community and commented
that his sister and parents would.like to live on the street. Mr.
Ricciuto noted that the property is currently zoned agricultural "
and is very limiting. The only access to this property is through
the Village of Hampton due to the property being land locked.
Mr. Ricciuto notes that he has no intention of cutting down the
trees. He advised that a Comprehensive Geological Study was
prepared for the municipality this summer and that he is
confident that the document is very well thought all.
David Crome, Director of Planning Services, provided a verbal di
background pertaining to Report PSD-011-04.
(b) Report PSD-011-04 - Courtice Woods Inc. —the
purpose and effect of this application is to amend the
Clarington Official Plan by reducing the extent of the
Environmental Protection Area and reversing the
Medium Density and Public Elementary School
symbols, and to amend the Zoning By-law to permit
the development of a 127 residential unit Plan of
Subdivision consisting of 79 single detached
dwellings, 11 lots for 22 semi detached units, 26
townhouses and a 2.01 hectare public school block.
John Farrell, 141 Centrefield Drive, Courtice, L1 E 1 M2,
appeared before Committee representing the members of
CLEAN, Courtice Living Environmentally Active Neighbours.
He submitted a petition containing 481 residents' signatures
opposing the development. He noted that the land may not
be a woodlot but actually wetlands. Mr. Farrell stated that
they are in support of an Environmental Assessment Study
but they do not believe that the study will provide a
substantial report. He questioned how they are able to make
sound decisions if the report is subject specific. He noted
that the municipality does not know the long-term damage. r
Mr. Farrell also noted that residents of the area have numerous
other concerns including increased traffic, water quality,
increased density and safety to public. He requested that
CLEAN be provided the opportunity to assist staff.
G.P. & A. Minutes - 7 - January 26, 2004
aw PUBLIC MEETINGS
Kate Wrigley, 41 Hartsfield Drive, Courtice, L1 E 1 L8, appeared
before Committee representing CLEAN and the youth at S.T.
Worden School. Ms. Wrigley sulbmitted 59 letters and a petition
containing 57 signatures in opposition to Report PSD-011-04.
Their concerns consist of the future of the air quality, soil quality
and water quality. She noted that we all need to change our
ideas of development; rather than consuming resources we must
retain them. A four seasons Environmental Impact Study was
requested but the findings were insufficient. She requested that
a Watershed Study be completed. Ms. Wrigley stated that
"` Courtice Woods Inc. should collaborate with Friends of Second
Marsh.
Libby Racansky, 3200 Hancock Road, Courtice, L1 E 2M7,
appeared before Committee advising that we have to start
protecting all groundwater recharge areas, not only the Oak
Ridges Moraine. Our future generation has a right to have
enough clean water as we do. Ms. Racansky is requesting that
the Watershed Study apply to Courtice Woods application and
that the results of the Watershed Planning be incorporated into
approval of this development.
low
Linda Gasser, P.O. Box 355, Orono, LOB 1 MO, stated concerns
pertaining to the property being zoned medium density and that
am there is no way of knowing that this is an appropriate designation
without a Watershed Study. She noted that if we do not develop
with mixed density we will sprawl out. Report PSD-011-04 does
so not make clear what approval the new landowners have and the
comment regarding the Region not closing the file has a large
impact. Ms. Gasser stated that lands that are zoned EP are
`m protected for the longer term, not until the next application is
filed.
Nick Mensink, Sernas and Associates, 110 Scotia Court, Whitby,
L1 N 8Y7, advised that he is looking forward to working with staff
towards the development of this project.
Resolution #GPA-049-04
.. Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Committee recess for 10 minutes.
"CARRIED"
- The meeting reconvened at 11:05 a.m.
G.P. & A. Minutes - 8 - January 26, 2004
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PUBLIC MEETINGS
David Crome, Director of Planning Services, provided a verbal +
background pertaining to Report PSD-012-04.
(c) Report PSD-012-04 —Tarola Enterprises Inc. —the '
purpose and effect of this application would permit the
sale, repair and outdoor storage of commercial motor
vehicles. Ali
No one spoke in opposition to or in support of this application.
Glen Genge, Biddle and Associates, appeared before
Committee on behalf of Tarola Enterprises Inc. The
applicant is requesting an amendment to the Official Plan
and the Zoning By-law. Mr. Genge noted that the request is
a very good use for the building and would stimulate
economic growth for this area. He advised that the only
trucks stored outside would be the six or seven vehicles for
sale.
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PLANNING SERVICES DEPARTMENT
Official Plan & Resolution #GPA-050-04 low
Zoning By-law
Amendment Moved by Councillor MacArthur, seconded by Councillor Robinson dd
Applications
Appl.: M. Ricciuto THAT Report PSD-010-04 be received; and
ad
THAT the applications to amend the Clarington Official Plan
and Zoning By-law submitted by Michael Ricciuto to permit
the expansion of the Hampton hamlet boundary and the r„
development of eight residential units, be referred back to
Staff for further processing and preparation of a subsequent
report;
THAT a copy of Report PSD-010-04 be forwarded to the
Region of Durham; and
THAT all interested parties listed in Report PSD-010-04 and
any delegations be advised of Council's decision.
"CARRIED"
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G.P. & A. Minutes - 9 - January 26, 2004
PLANNING SERVICES DEPARTMENT
Official Plan Resolution 4tGPA-051-04
Amendment,
Rezoning & Draft Moved by Councillor MacArthur,)seconded by Mayor Mutton
Plan of Subd. i
�- Applications THAT Report PSD-011-04 be received;
Appl.: Courtice
Woods Inc. THAT the application to amend the Clarington Official Plan
submitted by Courtice Woods Inc. be referred back to staff
for further processing;
THAT the applications to amend the Zoning By-law and the
proposed Draft Plan of Subdivision submitted by Courtice
Woods Inc. to permit the development of 127 residential
units be held in abeyance until such time as the Region of
Durham has completed the Environmental Assessment for
the extension of Adelaide Avenue; and
THAT the applicant, Region of Durham, all interested parties
listed in Report PSD-011-04 and any delegation be advised
of Council's decision.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
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Resolution #GPA-052-04
Moved by Mayor Mutton, seconded by Councillor MacArthur
THAT the foregoing Resolution #GPA-051-04 be amended
by adding the following new fourth paragraph:
"THAT Staff be directed to meet with the applicant to
discuss the dedication and/or donation of the woodlot
to the municipality."
,. "CARRIED"
The foregoing Resolution #GPA-051-04 was then put to a
.., vote and "CARRIED AS AMENDED."
G.P. & A. Minutes - 10 - January 26, 2004
PLANNING SERVICES DEPARTMENT
Official Plan Resolution #GPA-053-04
Amendment &
Rezoning Appl. Moved by Councillor Robinson, seconded by Councillor Trim
Appl.: Tarola
Enterprises Inc. THAT Report PSD-012-04 be received;
THAT the application submitted by Tarola Enterprises Inc.
be referred back to Staff for further processing and the
preparation of a further report following the receipt of all
outstanding agency comments; and
THAT all interested parties listed in Report PSD-012-04 and
any delegations be advised of Council's decision.
"CARRIED"
Monitoring of the Resolution #GPA-054-04
Decisions of the
Committee of Moved by Councillor MacArthur, seconded by Councillor Pingle
Adjustment
THAT Report PSD-013-04 be received;
THAT Council concurs with the decisions of the Committee
of Adjustment made on January 15, 2004 for applications
A2002/038 and A2002/039 and that Staff be authorized to
appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
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"CARRIED"
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Rezoning & Plan Resolution #GPA-055-04
of Subdivision
Applications Moved by Councillor Robinson, seconded by Councillor MacArthur
Appl.: Kiradaar
(Ont.) Ltd. & THAT Report PSD-014-04 be received;
1151677 Ontario
Limited THAT the Ontario Municipal Board be requested to approve
the proposed Draft Plan of Subdivision S-C-2000-001 as
amended and submitted by Gregory P. DeFreitas
Engineering on behalf of Kiradaar (Ont.) Inc. and 1151677
Ontario Limited (Kiradaar) subject to the conditions of draft
plan approval contained in Attachment 3 of Report w
PSD-014-04;
THAT the Ontario Municipal Board be requested to enact the
zoning by-law amendment for the subject lands as contained
in Attachment 4 of Report PSD-014-04;
G.P. & A. Minutes - 11 - January 26, 2004
PLANNING SERVICES DEPARTMENT
THAT the Mayor and Clerk be authorized, by by-law, to
execute a subdivision agreement between the Owner and
the Municipality of Clarington to the satisfaction of the
Director of Planning Services and the Director of
Engineering Services;
THAT a by-law to remove the "Holding (H)" symbol be
forwarded to Council once the applicant has entered into a
subdivision agreement with the Municipality;
THAT the Solicitor and staff be authorized to appear before
the Ontario Municipal Board in support of the above
recommendations;
THAT a copy of Report PSD-014-04 and Council's decision
be forwarded to the Region of Durham Planning Department;
and
THAT all interested parties listed in Report PSD-014-04 and
any delegations be advised of Council's decision.
"SEE FOLLOWING MOTION"
Resolution #GPA-056-04
Moved by Mayor Mutton, seconded by Councillor MacArthur
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THAT Report PSD-014-04 be referred back to staff.
"CARRIED"
Commercial Policy Resolution #GPA-057-04
Review & Bow.
West Main Central Moved by Councillor MacArthur, seconded by Councillor Trim
Area Secondary
Plan Review THAT Report PSD-015-04 be tabled to the Council meeting
scheduled for February 2, 2004.
"CARRIED"
G.P. & A. Minutes - 12 - January 26, 2004
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PLANNING SERVICES DEPARTMENT
Confidential Resolution #GPA-058-04 + ►
Report
Moved by Mayor Mutton, seconded by Councillor Robinson
THAT the recommendations contained in Confidential Report
PSD-016-04 be approved.
"CARRIED"
Councillor MacArthur chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
Monthly Report Resolution #GPA-059-04
on Building Permit
Activity for Moved by Councillor Schell, seconded by Councillor Pingle
December, 2003
THAT Report EGD-04-04 be received for information.
"CARRIED"
OPERATIONS DEPARTMENT
There were no items considered under this section of the
agenda.
EMERGENCY SERVICES DEPARTMENT
There were no items considered under this section of the
agenda.
COMMUNITY SERVICES DEPARTMENT
There were no items considered under this section of the
agenda.
CLERK'S DEPARTMENT
There were no items considered under this section of the
agenda.
Mayor Mutton chaired this portion of the meeting.
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G.P. & A. Minutes - 13 - January 26, 2004
CORPORATE SERVICES DEPARTMENT
Confidential Resolution #GPA-060-04
-- Report
Moved by Councillor Pingle, sec�nded by Councillor MacArthur
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THAT the recommendations contained in Confidential Report
COD-002-04 be approved.
"CARRIED"
Tender CL2003-32 Renovations #GPA-061-04
Street Lighting
Improvements at Moved by Councillor Robinson, seconded by Councillor Schell
Various Locations
THAT Report COD-003-04 be received;
THAT Langley Utilities Contracting, Bowmanville, Ontario
with a total bid in the amount of $57,509.20 (Including
G.S.T.), being the lowest responsible bidder meeting all
terms, conditions, and specifications of Tender CL2003-32,
be awarded the contract for the Street Lighting
Improvements at Various Locations as required by the
Engineering Department;
THAT the total funds required in the amount of $89,000.00
($57,509.29 tender plus work by Hydro One, work on Valley
Crest Drive, contingencies, consulting and net G.S.T.) be
drawn as follows:
a) $40,000.00 from 2003 Capital Budget Account #5800-
8390-03102;
b) $14,000.00 from the 2003 Capital Budget Account
#5800-8390-03103;
c) $6,000.00 from the 2003 Capital Budget Account
�. #5800-8390-03104;
d) $25,000.00 from the 2003 Capital Budget Account
#5800-8390-03105;
e) THAT the remaining funds in the amount of $4,000.00
be drawn from Account #5800-8390-03104; and
THAT the By-law attached to Report COD-004-04 marked
Schedule "A" authorizing the Mayor and the Clerk to execute
the necessary agreement be approved.
"CARRIED"
G.P. & A. Minutes - 14 - January 26, 2004
FINANCE DEPARTMENT
Friends of Resolution #GPA-062-04
Second Marsh
Moved by Councillor Pingle, seconded by Councillor Schell
THAT Report FND-002-04 be received;
THAT an interest free loan not be approved to the Friends of
Second Marsh for the Great Lakes Wetland Centre; and
THAT the Friends of Second Marsh and Mr. Chris Conti be
advised of Council's decision.
"CARRIED"
CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
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There were no items considered under this section of the
agenda.
UNFINISHED BUSINESS
Councillor Trim stated a pecuniary interest pertaining to
Report PSD-009-04, vacated his seat and refrained from
discussion and voting on the matter. Councillor Trim is a
board member of the Orono Masonic Lodge.
Resolution #GPA-063-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report PSD-009-04 be received; and
THAT the Orono Masonic Lodge #325 A.F. & A.M., G.R.C.
be advised that the Municipality has no interest in acquiring
the lands associated with the Orono Masonic Hall at 21
Centreview Street in Orono.
"CARRIED"
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G.P. & A. Minutes - 15 - January 26, 2004
.� OTHER BUSINESS
Resolution #GPA-064-03
Moved by Councillor MacArthur, seconded by Councillor Foster
�- THAT the presentation of Brad Savage, Junior Achievement of
Durham be received with thanks.
"CARRIED"
Development Resolution #GPA-065-04
M- Charges Act -
Hospital Funding Moved by Councillor Trim, seconded by Councillor Schell
WHEREAS increasingly, hospitals are approaching
Municipalities for capital funding due to shortfalls in
Provincial contributions for capital funding;
WHEREAS the property tax base is not the appropriate
mechanism for funding health care as this is a Provincial
responsibility;
WHEREAS the property tax base is already under significant
pressures relating to other programs downloaded by the
Province;
NOW THEREFORE be it resolved that the Province of
Ontario be requested to table legislation to amend the
Development Charges Act to allow the raising of capital for
hospital purposes relating to growth;
,M THAT the Province commit to funding the non-eligible
component of the growth related capital costs under the
Development Charges Act;
THAT Durham MPP's be requested to sponsor such a bill;
and
THAT a copy of this resolution be forwarded to all area
municipalities within the Region and the Region of Durham.
"CARRIED"
G.P. & A. Minutes - 16 - January 26, 2004
OTHER BUSINESS
Councillor Trim advised that the Region is in receipt of a
second report relating to garba a in Clarington and the three
Townships to the north. He not td that there are 45,000
households within the municipalities. The report states that
there has been a 16% decrease in landfill and a 41%
diversion rate. Councillor Trim noted that Clarington led the
brigade in March. Clarington's blue box material has '
increased 13%, 1000 tonnes of food has been collected for
composting, waste going to landfill has decreased by 25%
and waste diversion has increased by 16%.
ADJOURNMENT
Resolution #GPA-066-04
Moved by Councillor Schell, seconded by Councillor Robinson ad
THAT the meeting adjourn at 11:43 a.m.
"CARRIED"
MAYOR
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DEPUTY CLERK
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(Leading the Way
REPORT
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PLANNING SERVICES
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Dater Monday, February 9, 2004
Report #: PSD-017-04 File #: ZBA 2004-001 By-law#:
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Subject: REMOVAL OF HOLDING SYMBOL TO PERMIT 2 SEMI-DETACHED UNITS
AND 1 SINGLE DETACHED UNIT
�- APPLICANT: PAUL LYSYK FAMILY TRUST
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-017-04 be received;
2. THAT the request submitted by Paul Lysyk on behalf of Paul Lysyk Family Trust, to
remove the Holding (H) symbol, be APPROVED;
3. THAT the attached By-law to remove the Holding (H) symbol be passed and a copy
forwarded to the Regional Municipality of Durham; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by: --�`
Davi . Crome, MCIP, R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
BR/LT/DJC/df
3 February 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T (905)623-3379 F (905)623-0830
.r
REPORT NO.: PSD-017-04 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: Paul Lysyk, on behalf of Paul Lysyk Family Trust.
1.2 Rezoning: Removal of"Holding (H)" symbol from "Holding-Urbad Residential ,
Type One ((H)R1)".
1.3 Area: 1,074.5 m2 (0.27 acres)
1.4 Location: The area subject to the proposal is located at 2405 Prestonvale
Road, Courtice and more specifically, Parts 1 and 2 of Plan 40R- .�
22441, in Part Lot 33, Concession 2, former Township of
Darlington.
2.0 BACKGROUND
2.1 On January 5, 2004, staff received an application from Paul Lysyk for the removal of the ++
Holding (H) provision from Parts 1 and 2 of Plan 40R-22441. Attachment 1 shows the,
location of the site.
3.0 STAFF COMMENTS
3.1 The subject property is presently zoned "Holding-Urban Residential Type One ((H) RI).
Policies within the Municipality's Official Plan permit the use of holding symbols to
ensure that prior to development the following matters are addressed and approved to
the satisfaction of the Municipality:
• Services and municipal works;
• Measures to protect natural areas;
• Measures to mitigate the impact of development;
• Submission of technical studies;
• Execution of appropriate agreements; and/or
• Any other requirements as may be deemed necessary by Council including the
implementation of the policies of this plan.
Similarly, within the Region's Official Plan, policies are in place noting that prior to a
local Municipality's passage of a by-law to remove a holding symbol, Council is to
ensure that:
• The development is consistent with the orderly and phased development of the
Municipality;
• The owner has satisfied all of the requirements of the Municipality and entered into
any necessary agreements in that regard; and
• The owner has satisfied all the requirements of the Regional Municipality of Durham
with respect to the provision of sewer and water services, regional roads and
entered into any necessary agreements.
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REPORT NO.: PSD-017-04
PAGE 3
The approval of a by-law to remove the holding symbol is appropriate at this time, as
the provisions within the Municipality's and Region's Official Plan have been satisfied.
3.2 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to
remove the Holding "(H)" symbol is not subject to the normal appeal period afforded to a
standard rezoning application, and accordingly, shall be deemed final, 'and binding
.,,. should Council grant approval of same.
4.0 RECOMMENDATIONS
4.1 In consideration of the above, approval of the removal of the "Holding (H)" symbol as,
shown on the attached By-law and Schedule (Attachment 2) is recommended.
Attachments
Attachment 1- Site Location Key Map and Registered Reference Plan
Attachment 2 - Zoning By-law Amendment
-- Interested parties to be notified of Council and Committee's decision:
Paul Lysyk
Paul Lysyk Family Trust
65 Riverside Drive North
Oshawa, ON L1 G 6J4
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ATTACHMENT 2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004-
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
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WHEREAS the Council.of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for
ZBA 2004-001;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule"4"to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Holding-Urban Residential Type One((H)R1)"to"Urban Residential Type One(R1)"
2. Schedule"A"attached hereto shall form part of this By-law.
dim 3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of 2004
BY-LAW read a second time this day of 2004
BY-LAW read a third time and finally passed this day of 2004
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John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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This is Schedule "A" to By-law 2004 ,
passed this day of , 2004 A.D.
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John Mutton, Mayor Patti L. Barrie, Municipal Clerk
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Leading the way REPORT
PLANNING SERVICES
Now Meeting: GENERAL PURPOSE AND ADMINISTRATI�N COMMITTEE
Date: Monday, February 9, 2004
Report#: PSD-018-04 File #: RE 6.3.5.3 By-law #:
Subject: THE REPORT OF MR. DAVID R. VINE, Q.C., THE INQUIRY OFFICER, UNDER
THE EXPROPRIATION ACT RESPECTING THE PROPOSED
EXPROPRIATION OF 774 MARTIN ROAD, BOWMANVILLE, AND
CONSIDERATION OF THE INQUIRY REPORT BY COUNCIL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-018-04 be received;
r` 2. THAT Council as the approval authority under subsection 5(1) of the Expropriations Act
having considered the Report of the Inquiry Officer Mr. David R. Vine, Q.C. and for
reasons set out in Mr. Vine's report, which Council hereby adopts as its reasons,
approves the proposed expropriation of the land known for Municipal purposes in 2004
as 774 Martin Road, Bowmanville, and more particularly described as Part Lot 15,
Broken Front Concession, former Township of Darlington, in the Municipality of
Clarington, in the Regional Municipality of Durham as described in Instrument No.
N102360 registered in the Land Registry Office for the Land Titles Division of Durham
(No. 40), for the purposes of a community park;
3. THAT the Clerk be authorized to cause a copy of the decision and reasons for the
decision of Council to approve the proposed expropriation to be served on all parties as
required by subsection 8(2) of the Expropriations Act;
4. THAT Council pass a by-law to authorize the Mayor and the Clerk to execute a
Certificate of Approval on behalf of Council as the approval authority as required by
subsection 8(3) of the Expropriations Act;
5. THAT Council pass a by-law to approve the expropriation of the land for the purpose of
a community park pursuant to the Expropriations Act.
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6. THAT Council pass a by-law to expropriate the land for the purposes of a community
park pursuant to the Municipal Act 2001; and
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REPORT NO.:, PSD-018-04 Page 2
registered in the proper land registry office pursuant to subsection 9(1) of the
Expropriations Act; and
6. THAT Council pass a by-law to expropriate the land for the purposes of a community
park pursuant to the Municipal Act, 2001.
Submitted by: Reviewed
Y by:
Davi Crome, MCIP, R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
IL/DJC/Id
4 February 2004
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830
.rr
6,,
REPORT NO.: PSD-018-04 PAGE 3
1.0 BACKGROUND
1.1 Report PSD-056-03 dealt with the acquisition of 774 Martin Road, Bowmanville by the
Municipality for the purposes of a community park. As amended by Addendum to
•- Report PSD-056-03, approved by Council at its meeting on June 23, 2003,
recommendations 2, and 3 provided:
THAT Council hereby authorizes an application be made to the Council of the
Corporation of the Municipality of Clarington as the approval authority under
subsection 4(1) of the Expropriations Act, R.S.O. 1990 c.E.26, as amended, for
the approval of the expropriation of all interests in the lands described as 774
Martin Road which are more particularly described as Part Lot 15, Broken Front
Concession, former Township of Darlington, as described in Instrument Number
N102360
• THAT Council hereby authorize staff to take all necessary actions to serve notice
of it application for approval to expropriate upon the owner of the land to be
expropriated and to publish the aforesaid notice in accordance with subsection
6(1) of the Expropriations Act.
1.2 774 Martin Road, Bowmanville is owned by the Richard Joseph Pajdo estate, and
Tadeusz Jurski and Henryka Jurski, as co-tenants. Their title is subject to an easement
in favour of the Hydro-Electric Power Commission of Ontario. This easement has not
been recommended to be expropriated. The land is located south of Baseline Road: It
has frontage on but no access to Highway 401. On the west side it abuts the unopened
portion of Martin Road and land owned by the Municipality (Attachment 1).
1.3 Following Council's approval of the Addendum to Report PSD-056-03, Council
authorized the Municipality's application for approval of the proposed expropriation to
Council. Council is the approving authority for an expropriation of land by the
Municipality under the provisions of the Expropriations Act. The Act provides that
Council as the approving authority must formally approve a proposed expropriation
before it can occur.
1.4 On July 30, 2003, pursuant to subsection 6(1) of the Expropriations Act, the Clerk
served notice of the Municipality's application for approval of the expropriation on the
registered owners concerned, and published the notice in the Canadian Statesmen for
three consecutive weeks.
„w 1.5 In response to this notice, the parties to the estate, Ms. Teresa Pajdo, Mr. Tadeusz
Jurski, and Mrs. Henryka Jurski requested a hearing by an Inquiry Officer as to whether
the proposed taking of the lands is fair, sound and reasonably necessary in the
achievement of the objectives of the expropriating authority, that is the objectives of the
Municipality. The Chief Inquiry Officer, Mr. Peter Lockett of the Ministry of the Authority
General appointed Mr. David R. Vine, Q.C., as Inquiry Officer to conduct the hearing.
1.6 The hearing took place on January 13, 2004. Notice of the hearing was provided to Ms.
Pajdo and Mr. and Mrs. Jurski. Dennis Hefferon represented the Municipality at the
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REPORT NO.: PSD-01.8-04 Page 4
hearing. Ms. Pajdo and Mr. Jurski represented the estate and stated that Mrs. Jurski
would not be attending for medical reasons. The other parties were not represented by
legal counsel.
l
1.7 Mr. Vine's report ("Inquiry Report") was delivered io Dennis Hefferon on behalf of the
Municipality on January 19, 2004. As required by subsection 7(6) of the Expropriations
Act, it contains a summary of evidence and arguments advanced by the parties, Mr.
Vine's findings of fact; and his opinion on the merits of the application for approval. A
copy of the Inquiry report is attached as Attachment 2.
1.8 Subsection 8(1) of the. Expropriations Act requires that Council consider the Inquiry
Report and approve or not approve the proposed expropriation, or approve it with such
modifications as Council, as the approving authority, considers proper. Subsection 8(2)
of the Act requires that written reasons be given for Council's decision and that they be
served upon all parties within 90 days after the day on which the Inquiry Report was
received. The purpose of this report is to assist Council in the consideration of the
Inquiry Report.
2.0 COMMENTS
2.1 As required by the Expropriations Act, the Inquiry Officer heard the evidence produced
by the Municipality concerning the objectives of the Municipality to be achieved by the
proposed expropriation and whether the proposed expropriation was fair, sound and �+
reasonably necessary in the achievement of the objectives of the Municipality. The
Municipality's witnesses were Isabel Little, Planner, and Peter Windolf, Manager of Park
Development. Ms. Pajdo spoke on behalf of the estate. The Inquiry Officer and all
parties to the hearing were provided with a book of evidence containing 25 exhibits in
support of proving the necessity of acquiring the lands. The Inquiry Report fairly and
accurately summarizes the evidence and arguments advanced by the Municipality and �-
the other parties to the Inquiry.
00
3.0 CONCLUSIONS AND RECOMMENDATIONS
3.1 The Inquiry Officer conducted the hearing into the proposed expropriation. He carefully
summarized the evidence provided and correctly made findings of fact based on that
evidence. His recommendation is that:
It is recommended that the Expropriating Authority complete the expropriation of 774
Martin Road, Bowmanville, Ontario since the taking of such land is fair, sound, and
reasonably necessary in the achievement of the objectives of the Expropriating
Authority in providing a multi-purpose sports and recreation facility to service the
surrounding areas of the expropriated property.
3.2 It is recommended that Council, as the approving authority under subsection 5(1) of the
Expropriations Act, having considered the attached Report of the Inquiry Officer, Mr.
David Vine, Q.C., and for the reasons set out in Mr. Vine's Report which it is
recommended Council adopt as its own reasons, pass a by-law (Attachment 3) under
' '.rI
REPORT NO.: PSD-018-04 Page 5
the Expropriations Act to approve the proposed expropriation for the purposes of a
community park of 774 Martin Road, Bowmanville, excluding the easement in favour of
the Hydro-Electric Power Commission of Ontario, and to authorize the Mayor and Clerk
to execute the Certificate of Approval required by the Act.
II
3.3 It is recommended that the Clerk be authorized tpl cause the Notice of Decision' and
Reasons for Decision of Council approving the pirgposed expropriation to be served
upon all of the parties as is required by subsection 8(2) of the Expropriations Act. A
copy of this Notice is included as Attachment 4. A copy of the Certificate of Approval is
included as Attachment 5.
3.4 It is also recommended that Council pass a by-law to authorize the Mayor and the Clerk
on behalf of the Municipality to execute an expropriation plan of the lands in question
and authorize its registration in the proper land registry office pursuant to subsection
9(1) of the Expropriations act (Attachment 6).
3.5 Finally, it is recommended that Council pass a by-law under the Municipal Act, 2001 to
expropriate the lands in question for the purposes of a'community park (Attachment 7).
3.6 If Council approves the proposed expropriation it will be completed by the registration in
the proper land registry of a plan of the lands which are expropriated. The plan must be
registered within 3 months after approval to expropriate has been given. Title is
transferred to the Municipality on the registration of the plan and the owners' rights are
converted by the Act from rights in the land expropriated to rights to be paid at market
value compensation and compensation for any damage suffered by injurious affection of
the land.
3.7 It should be noted that the Municipality cannot obtain possession of the land
aw expropriated until notices are served on the registered owners concerned of the
expropriation which require possession of the land expropriated to be given to the
Municipality on a specified date. That date must be at least 3 months after the date of
service of the notice of possession. Before taking possession of the land, subsection
25(1) of the Act requires that the expropriating authority serve upon the registered
owner an offer of an amount in full compensation for the owners' interest and offer
aw immediate payment of 100% of the amount of the estimated market value of the owners'
interest. This offer must be served within 3 months of the registration of the plan.
Attachments:
Attachment 1 — Key Map
.. Attachment 2 — Inquiry Officer's Report
Attachment 3 — By-law to approve expropriation under Expropriations Act and to authorize
execution of Certificate of Approval of expropriation
Attachment 4 — Notice of Decision and Reasons for Decision of Council
Attachment 5 — Certificate of Approval of expropriation
Attachment 6 — By-law to authorize execution and registration on title of expropriation plan
Attachment 7 — By-law to expropriate for a community park under the Municipal Act, 2001
61 1
TTACMAE#
BASELINE ROAD
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15.23ha
(12.92ac)
.2.84ha
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® PROPOSED PARCEL TO BE ACQUIRED
Roll Number: 010-020-07300
Address: 774 Martin Road, Bowmanville
Site Area: 8.07ha (19.94ac)
Intended Use: Community Park and
Major Outdoor Sports Facility R E 6.3.5.3
6 1 L
ATTACHMENT 2
I ,
-- INQUIRY HEARING --
r— PROPOSED EXPROPRIATION OF LANDS BY THE
MUNICIPALITY OF CLARINGTON DESCRIBED AS 774
MARTIN ROAD,BOWMANVILLE,ONTARIO
COMMITTEE ROOM #1
MUNICIPALITY OF CLARINGTON ADMINISTRATIVE CENTRE
` 40 Temperance Street, Bowmanville ON L1C 3A6
January 13th, 2004, at 9:30 a.m.
r
IN THE MATTER OF THE EXPROPRIATIONS ACT
AND IN THE MATTER 'OF 'an application by the Municipality of Clarington to
expropriate lands described as 774 Martin Road, Bowmianville, Ontario
INQUIRY HEARINGS
COMMITTEE ROOM #1, MUNICIPALITY OF CLARINGTON ADMINISTRATIVE
CENTRE, 40 Temperance Street, Bowmanville, Ontario, L1C 3A6
INQUIRY OFFICER: DAVID R. VINE, Q.C.
80 Richmond Street West
Suite 1604 ,
Toronto, Ontario, M51-1 2A4
Representing the Municipality,,
of Clarington
DENNIS C. HEFFERON
Barrister & Solicitor
South Tower, Royal Bank Plaza
200 Bay Street, Suite 6900
Toronto, Ontario .r
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IN PERSON
representing his wife and himself
Tadeusz Jurski
595 Scarlett Road
Etobicoke, Ontario
M9P 2S6 '
IN PERSON •.
Teresa Padjo
1664 Anworld Court
Mississauga, Ontario
LAW 2V9
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... RECOMMENDATIONS
1. It is recommended that the Expropriating Authority complete expropriation of 774
Imp Martin Road, Bowmanville, Ontario since the taking of'such land is fair, sound and
reasonably necessary in the achievement of the objectives of the Expropriating Authority in
providing a multi-purpose sport s and recreation facility to service the surrdunding areas of
the expropriated property.
PURPOSE
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The purpose of this expropriation is to:
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1. Acquire approximately nineteen acres, being all of the lands owned by Richard
Joseph Padjo's estate to be used in conjunction with other lands owned by the Municipality
to complete a park, recreational and sports facility.
OBJECTIONS BY LANDOWNER'S REPRESENTATIVE
Prior to evidence by counsel for the Expropriating Authority, the landowners .r►
representatives were asked to state without limiting their right to a full and complete
inquiry, their objections to the taking of the lands.
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The owners, present, indicated that the family had owned the lands for some forty
years and they wished to develop the lands themselves in spite of the fact that only 7.02
acres is table land on the west side of a creek and the remaining 12.92 acres is
environmentally protected and has been so for a considerable period of time.
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PRELIMINARY FILINGS
Prior to calling evidence, counsel for the Expropriating Authority provided the
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Inquiry with a bound document entitled Book of Evidence. This document contained twenty
five exhibits which were individually tabbed. As well, a list of exhibits were provided, most
6
4
of which were included in the Book of Evidence above referred to. The list of exhibits is
appended to this Report with the following additions j I
EXHIBIT 10. II
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This exhibit is a Notice of Application to expropriate .land with Affidavit of Service.
.. EXHIBIT 11.
This exhibit is a Notice of Hearing of expropriation returnable on November 4,2003
and Notice of Inquiry for 7anuary 13, 2004.
EXHIBIT 12
This exhibit is an updated overall site plan of an indoor soccer facility and lacrosse
field.
�- EXHIBIT 13
This exhibit is an outline of the evidence to be used in the Inquiry.
The revised list of exhibits attached to this Report indicates the places where these
exhibits may be found for review.
EVIDENCE BY MUNICIPALITY
Counsel for the Municipality with the assistance of the large scale aerial photograph,
suitably coloured, Tab 1, indicated that the lands in question were located in the western
19. 5v
extremity of the Municipality formerly known as Bowmanville and consisted of acres.
which is adjacent to land presently owned by the Municipality of Clarington both to the
North and to the West.
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The lands are part of the "west side creek area" and as such, 12.92 areas are
designated as being environmentally protected with 7.02 acres of table land to the west.
Counsel indicated that the lands being taken were all the lands owned by the Padjo estate.
The lands are bounded on the east by Martin Road, which is unimproved save and except
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for the most northerly portion, which has been extended to allow access to an auto mall to
the rear of a building currently occupied by the RCMP.
The southern boundaries of the lands are on Highway 401 with the northem and
western boundaries being bounded by lands owned by the Municipality.
It is intended to improve Green Road to the west and provide access from 401 and .�
as well, there are further lands to the south which can be accessible for parkland purposes
by gaining access underneath Highway 401 to lands south which are also suitable for
parkland purposes.
The Inquiry was then turned over to Isabel B. Little (for Curriculum Vitae, see
document attached to report) Exhibit 13,and to Peter Windolf (Curriculum Vitae appended
to Report), Exhibit 14.
These persons on behalf of the Municipality of Clarington tabled an outline of
evidence, Exhibit 15, each in turn, described by making use of their area of expertise, the
reasons for acquiring these lands.
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FINDING AS FACT FOR THE BASIS OF RECOMMENDATIONS
•
After hearing the evidence, as submitted in the outline of evidence and having
reviewed the documents contained in the Book of Evidence, as well as additional exhibits
6
filed, it is obvious that the Municipality, for some considerable period of time, contemplated
the construction of a sports facility, which would be accessible to the citizens of the
Municipality and form a focal point for sports programs in the area, both active and passive.
A review of exhibit 12, outlining the indoor soccer facility, lacrosse fields and
championship soccer, Canadian football, championship softball diamonds and baseball
diamonds as well as other indoor and outdoor facilities indicates the nature and extent of-
the project. ;
The environmental considerations, because of the creek system in the area, makes
the recreational use of these lands in line with good policy.
The owners of the lands to be expropriated, at all times, were acquainted with the
.. fact that the lands being expropriated were protected lands ,,and an examination of the
photographs appearing at Tab 8, shows the area including the pond to the north.
PRESENT USE OF LAND
The lands being expropriated are presently lying fallow and have not been farmed
for at least a year.
The other lands required for the recreational facility are already owned by the
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Municipality and work is expected to commence in the year 2004 hence the taking of the
lands is timely.
...
61 ''i
7
NOTICE
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It is to be observed that this Inquiry was origina�ly�scheduled for November 4, 2003
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but on consent of all parties, it was agreed that the matter be put over to January 13, 2004
.i
because of unfortunate personal circumstance.
It should be further noted that at all material times, the owners and beneficiaries of
the estate of the lands in question have been kept apprised, as have all members of the
public as to the development plans for the area and would appear to be content with the
project, subject to transferring the land and' questions of consideration, which are not a part .w
of this Inquiry.
DATED AT TORONTO this 15th day of January, 2004.
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ALL OF WHICH IS RESPECTFULLY SUBMITTED.
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David R. Vine, Q.C.
Inquiry Officer
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62 ,r
LIST OF EXHIBITS
N.B. "TAB"Refers to "BOOK OF EVIDENCE"Exhibit 16
1. Map of Clarington' - not referred to other than J Hearing.
1 '
2. Aerial Photo of Park Location, Property Boundaries, Table land and Environmentally
Protected Areas. S'ee Tab 1.
3. Photograph of Community Park site. See Tab 8.
4. Ultimate Park Development concept. See Tab 9.
5. Clarington Official Plan Bowmanville Land use Map A3. See Tab 11.
6. Official Plan Map showing Padjo lands and Clarington lands. (See Tab 21 Zone).
7. Clarington Official Plan Bowmanville Urban Area Transportation. See Tab 20.
w.
8. Former Town of Newcastle Comprehensive Zoning By-law 84-63 Schedule "3".See
Tab 21,
9. Ultimate Park Development Concept - January 2204 Refinement (reduction only).
See Exhibit 12.
10. Affidavits of Service plus publications.
.� 11. Notices of Hearing plus affidavits of service.
.. 12. See 9 above.
13. Curriculum Vitae - Isabel P. Little
14. Curriculum Vitae - Peter Windolf
15. Outline of evidence
16. Book of evidence
62 •
ATTACHMENT 3 .rr
THE CORPORATION OF THE MUNICIPALTIY OF CLARINGTON
BY-LAW NUMBER 2004-
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being,a By-law to approve the expropriation of 774 Martin
Road, Bowmanville on behalf of the Council of the
Municipality of Clarington as the approving authority under
the Expropriations Act, and to authorize the Mayor and Clerk
to execute a Certificate of Approval under the aforesaid Act
WHEREAS at its meeting on February 16, 2004, the Council of The Corporation of the
Municipality of Clarington, approved the recommendations contained in Report PSD-018-
04, and after considering the Report of Mr. David R. Vine, Q.C., approved the
expropriation for the purposes of a community park of the lands more particularly
described as the portion of Part Lot 15, Broken Front Concession, former Township of
Darlington, now in the Municipality of Clarington, and Regional Municipality of Durham
which portion is shown on the Parcel Register for Property Identifier Number 26606-0095
(LT), excluding from the expropriation the easement in favour of the Hydro-Electric Power
Commission of Ontario described in Instrument No. DN1,9451E, also shown on the
aforesaid Parcel Register.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
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1. THAT the Council of The Corporation of the Municipality of Clarington as approving
authority under the Expropriations Act, R.S.O., 1990, c.E.26, hereby approves the
expropriation by The Corporation of the Municipality of Clarington of the lands more loss
particularly described as the portion of Part Lot 15, Broken Front Concession,
former Township of Darlington, now in the Municipality of Clarington, and Regional
Municipality of Durham which portion is shown on the Parcel Register for Property
Identifier Number 26606-0095 (LT)to be owned by Tadeusz Jurski, Henryka Jurski
and Richard Joseph Pajdo,excluding from the expropriation the easement in favour
of the Hydro-Electric Power Commission of Ontario described in Instrument No.
DN 19451 E.
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2. THAT the Mayor and Clerk are hereby authorized on behalf of the Council of The
Corporation of the Municipality of Clarington to execute a Certificate of Approval of
the expropriation by The Corporation of the Municipality of Clarington of the lands ..r
more particularly described as the portion of Part Lot 15, Broken Front Concession,
former Township of Darlington, now in the Municipality of Clarington, and Regional
Municipality of Durham which portion is shown on the Parcel Register for Property
Identifier Number 26606-0095(LT)to be owned by Tadeusz Jurski, Henryka Jurski ..
and Richard Joseph Pajdo,excluding from the expropriation the easement in favour
of the Hydro-Electric Power Commission of Ontario described in Instrument No.
DN 19451 E.
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BY-LAW read a first time this 16'h day of February 2004
BY-LAW read a second time,this 16th day of February 2004
BY-LAW read a thi�O.time and finally passed this 16th I�ay of February 2004
II
John Mutton, Mayor
.. Patti L.Barrie, Municipal Clerk
..
6 1
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Now
am
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ATTACHMENT
NOTICE OF REASONS FOR DECISION
IN THE MATTER OF the Expropriations Act,R.S.O. 1990,C.E.26,as amended;
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AND IN THE MATTER OF AN APPLICATION BY THE CORPORATION OF THE
MUNICIPALTY OF CLARINGTON for approval to expropriate 774 Martin Road,
Bowmanville.
TAKE NOTICE THAT at its meeting on February 16, 2004;the Council of The Corporation
of the Municipality of Clarington which is the approving authority under the Expropriations
Act, considered the Report of the Inquiry Officer Mr. David R.Vine, Q.C. delivered to the .w
Municipality on January 19, 2004, respecting the proposed expropriation by The
Corporation of the Municipality of Clarington of the following lands for the purposes of a
community park:
the portion of Part Lot 15, Broken Front Concession, former Township of
Darlington, now in the Municipality of Clarington, and Regional Municipality'of
Durham which portion is shown on the Parcel Register for the Property Identifier
Number 26606-0095 (LT) to be owned by Tadeusz Jurski, Henryka Jurski and
Richard Joseph Pajdo, subject to the easement in favour of the Hydro-Electric
Power Commission of Ontario described in Instrument No. DN19451E.
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The Council of The Corporation of the Municipality of Clarington approved the
expropriation of these lands at its meeting held on February 16,2004.
In its consideration of the Inquiry Officers Report, Council noted that Mr. Vine had
conducted a hearing in accordance with the Expropriations Act. In his Report, Mr. Vine
had carefully summarized the evidence that was presented by the parties and had
correctly made findings of fact based on the evidence. Both Mr. Vine's central finding of
fact and his opinion that the proposed expropriation for which approval is sought, is fair,
sound and reasonably necessary in the achievement of the objectives of the expropriating
authority The Corporation of the Municipality of Clarington, were consistent with and were
supported by the evidence produced at the hearing. Mr. Vine's reasons were adopted as
the reasons of The Corporation of the Municipality of Clarington for the expropriation of the
aforesaid lands subject to the aforesaid easement in favour of the Hydro-Electric Power
Commission of Ontario. For these reasons, the Council of The Corporation of the
Municipality of Clarington as the approving authority under the Expropriations Act decided .+
to approve the expropriation by The Corporation of the Municipality of Clarington, as
expropriating authority, of the portion of the lands referred to above, excluding from the
expropriation the aforesaid easement in favour of the Hydro-Electric Power Commission of
Ontario. "
A copy of the Certificate of Approval of the expropriation by the Council of The Corporation
of the Municipality of Clarington authorized by By-law No. 2004- passed on
February 16,2004,is enclosed herewith for your information.
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DATED at Bowmanville, Ontario this 16"' day of February 2004.
.. The Council of The Corporation of the
Municipality of Clarington,Approving
Authority under the Expropriations Act. ,
John Mutton, Mayor
Patti L. Barrie,Municipal Clerk
L J
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ATTACHMENTS
CERTIFICATE OF APPROVAL ,
IN THE MATTER OF an application by The Cbrporation of the Municipality of
Clarington for approval to expropriate 774 Martin F oa�,Bowmanville
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The Council of The Corporation of the Municipality of Clarington hereby certifies that
approval was given to The Corporation of the Municipality of Clarington on the 16th day of .ro
February, 2004 to expropriate, for the purposes of a community park, the lands more
particularly described as the portion of Part Lot 15, Broken Front Concession, former
Township of Darlington, now in the Municipality of Clarington,and Regional Municipality of
Durham shown on the Parcel Register for the Property Identifier Number 26606-0095 (LT)
to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo,excluding from
the expropriation the .easement in favour of the Hydro-electric Power Commission of
Ontario described in Instrument No. DN19451E, also shown on the aforesaid Parcel r„
Register.
being the land described in the application(with modifications). r
DATED at Bowmanville,Ontario this 16"' day of February 2004.
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The Council of The Corporation of the
Municipality of Clarington ,
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John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
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ATTACHMENT 6
THE CORPORATION OF THE, MUNICIPALITY OF CLARINGTON
BY-LAW NO.2004-
being'a by-law to authorize the Mayor and�Ierk on behalf of
the Municipality of Clarington to execute i pn expropriation
plan of 774 Martin Road, Bowmanville in accordance with
Section 9 of the Expropriations Act
WHEREAS at its meeting on February 16, 2004, the Council of The Corporation of the
Municipality of Clarington, approved the recommendations contained in Report PSD-
018-04, and approved the expropriation of the lands more particularly described as the
portion of Part Lot 15, Broken Front Concession, which portion is shown on the Parcel
Register for Property Identifier Number 26606-0095 (LT), former Township of
Darlington, now in the Municipality of Clarington, and Regional Municipality of Durham,
excluding from the expropriation the easement in favour of the Hydro-Electric Power
r. Commission of Ontario described in Instrument No. DN19451E, also shown on the
aforesaid Parcel Register;
AND WHEREAS at its meeting on February 16, 2004, Council passed By-law No. 2004-
approving the aforesaid expropriation;
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AND WHEREAS at its meeting on February 16, 2004, Council also passed By-law No.
2004- pursuant to subsection 6(1) of the Municipal Act, 2001, S.O. 2001, c.25, as
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amended to expropriate the aforesaid lands, excluding from the expropriation the
aforesaid easement in favour of the Hydro-Electric Power Commission of Ontario,
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NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
.. 1. THAT the Mayor and Clerk are hereby authorized on behalf of The Corporation
of the Municipality of Clarington to execute an expropriation plan showing the
portion of Part Lot 15, Broken front Concession, former Township of Darlington,
now in the Municipality of Clarington, and Regional Municipality of Durham which
portion is shown on the Parcel Register for Property Identifier Number 26606-
0095 (LT) to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph
Pajdo, excluding from the expropriation the easement in favour of the Hydro-
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Electric Power Commission of Ontario described in Instrument No. DN19451 E.
2. THAT the Mayor and Clerk are authorized on behalf of The Corporation of the
Municipality of Clarington to cause the aforesaid expropriation plan to be
registered in the proper land registry office pursuant to subsection 9(1) of the
Expropriations Act.
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BY-LAW read a first this 16th day of February. 2004.
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BY-LAW read a second time this 16th day of February,2004.
BY-LAW read a third time and finally passed this 16"'day of February, 2004. w
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John Mutton, Mayor .r
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Patti L. Barrie, Municipal Clerk
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ATTACHMENT 7
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004- .
being a By-law to expropriate 774 Martin Road,
Bowrnanville,for the purposes of a communi�r park pursuant
to the Municipal Act,2001, S.O.2001 i
WHEREAS at its meeting on February 16, 2004, the Council of The Corporation of the
.. Municipality of Clarington, passed By-law 2004 - approving the expropriation of
the portion of Part Lot 15, Broken Front Concession, former Township of Darlington,
now in the Municipality of Clarington, and Regional Municipality of Durham which
portion is shown on the Parcel Register for Property Identifier Number 26606-0095 (LT)
to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo, excluding
from the expropriation the easement in favour of the Hydro-l=lectric Power Commission
of Ontario described in Instrument No. DN19451E, also shown on the aforesaid Parcel
Register,
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
1. THAT the land more particularly described as the portion of Part Lot 15, Broken
Front Concession, former Township of Darlington, now in the Municipality of
Clarington, and Regional Municipality of Durham which portion is shown on the
Parcel Register for Property Identifier Number 26606-0095 (LT) to be owned by
Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo, excluding from the
expropriation the easement in favour of the Hydro-Electric Power Commission of
Ontario described in Instrument No. DN19451E, is hereby expropriated for the
purposes of a community park pursuant to the Municipal Act, 2001, S.O. 2001,
.. c.25,as amended.
BY-LAW read a first time this 16'h day of February 2004
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BY-LAW read a second time this 16"' day of February 2004
BY-LAW read a third time and finally passed this 16"' day of February 2004
vow John Mutton, Mayor
- L 7 () Patti L. Barrie,Municipal Clerk
62.
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REPORT
Leading the Way
ENGINEERING SERVICES
i
Meeting: GENERAL PURPOSE AND ADMINISTRATIdN COMMITTEE
Date: Monday, February 9, 2004
Report#: EGD-05-04 File #: By-law #:
Subject: TRAFFIC BY-LAW 91-58 AMENDMENTS TO CONVERT NUMEROUS YIELD
SIGNS TO STOP SIGNS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-05-04 be received;
2. THAT stop signs be used as the standard form of signed right-of-way control and that
yield signs only be utilized in locations where engineering judgment dictate that yield
signs would improve public safety;
3. THAT the proposed by-law amending the stop and yield schedules of Traffic By-Law 91-
58 attached to report EGD-05-04 be approved; and
4. THAT interested parties listed within this report be provided with a copy of this report
and Council's decision.
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Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
RDB/ASC/jw
February 4, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
W.
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REPORT NO.: EGD-05-04 PAGE 2
1.0 BACKGROUND
Although both yield and stop signs provide right-of-way control, the stop sign is more
restrictive. A number of locations with yield signs have come into question with some
motorists not reducing speed or taking adequate time to look for oncoming traffic or . +
pedestrians.
2.0 COMMENT
2.1 Operational Safety Review Associated With Yield Signs •
Although both stop signs and Yield signs require motorists to yield the right-af-way, stop
signs are easier to enforce by Durham Regional Police as motorists must come to,a
complete stop. Yield signs permit motorists to roll through the intersection as long as
they can do so safety, but determining a safe speed while rolling through is open to
interpretation.
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When there is a steep grade and motorists are being regulated to come to a complete
stop at all times, it would force them to lose momentum. This loss of momentum during
inclement weather could cause them to slide down grade off the roadway or into another
vehicle. low
Stop signs are more readily identifiable by drivers and provide a uniformity of driver
expectations. The use of yield signs should be limited to intersections where
consideration of its suitability has been reviewed in relation to road grade, speed,
volume, collision history, pedestrian movements and other unique intersection
characteristics.
2.2 Locations of Existing Yield signs proposed to remain as Yield signs .r
Concession Road 7 and west function of Libertv Street North facing traffic Eastbound on
Concession Road 7, Tyrone
This intersection is not a standard design due to the grade on Concession Rd 7 and the
curved alignment on Liberty Street North. Some residents in Tyrone have suggested a
stop sign replace the existing yield sign to reduce the speed at which some people enter
T L
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REPORT NO.: EGD-05-04 PAGE 3
— the intersection. Staff is recommending the continued use of a yield sign until such time
that the intersection can be reconstructed. The continued use of the yield control will
■- minimize the hazard created by the grade of the roadway especially during winter
conditions. Regulating vehicles to come to a complete stop at the top of the'hill may
.. actually place some motorists in jeopardy if they do not have view from a side window.
Drivers of trucks and panel vans find it difficult to see northbound traffic. The creation of
an all-way stop would not function well due to the existing alignment of the intersection.
Mill Pond Road at Sommerville Drive, facing traffic Westbound and Northbound Orono
This is not a standard intersection design due to grades and alignment. Staff is
recommending the continued use of the yield signs at this location due to the grades on
Mill Pond Road.
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Stephens Mill Road at Bethesda Road facing traffic Westbound Darlington
This is not a standard "T" intersection design due to the grade. Staff is recommending
continued use of the yield sign due to the steep grade on Stephens Mill Road.
Vannest Road and Concession Road 6, facing traffic Southbound Darlington
This is a "T" intersection with a grade on the minor street. Staff is recommending
continued use of the yield sign due to the grade on Vannest Road.
Werry Road and Concession Road 5, facing traffic Southbound Darlington
This is a "T" intersection with a grade on the minor street. Staff is recommending
continued use of the yield sign due to the grade on Werry Road.
Walsh Road and Concession Road 5, facing traffic Northbound, Clarke
This is a non-standard intersection design due to the alignment and steep grade to the
east. Staff is recommending continued use of the yield sign due to the grade on
Concession Road 5, just east of the intersection.
REPORT NO.: EGD-05-04 PAGE 4
2.3 Locations of Yield signs proposed to be converted to stop signs
The majority of proposed changes listed in the attached by-law are in residential areas
with level grades and should not have any negative Jmpacts. The previous by-law also
contained some errors where locations listed with yield control already have stop
controls installed such as at Brownsville Court at Brownsville Road plus Irwin Road at
Winter Road. A number of previous street name changes which affect the schedules
have also been incorporated into the amendments.
Two locations where compliance may require stepped up enforcement from
Durham Regional Police are as follows:
West Beach Road and Port Darlington Road facing Eastbound traffic
Bowmanville
The yield sign has provided a benefit to the truck traffic leaving the cement plant
on the northwest corner by allowing them to roll through the intersection.
Conversion to a stop sign will now require those trucks and other motorists to
come to a complete stop, but will not entail any great hardship at this level road
section.
Baseline Road and Lambs Road, facing Eastbound traffic Bowmanville
The yield sign has benefited the main traffic flow for many years, but has also ..
resulted in a number of single motor vehicle collisions when motorist have
travelled through the yield at a high rate of speed and entered the ditch on the
east side of Lambs Road. Traffic northbound and southbound on Lambs Road is
confronted with many motorists eastbound on Baseline Road who enter the
intersection at a high rate of speed without yielding the right-of-way.
3.0 CONCLUSIONS
Conversion of specific yield signs to stop signs as proposed in this report will
improve public safety by implementing a more restrictive right-of-way control and
provide Durham Regional Police with clear regulations to enforce.
7 ",0 41
REPORT NO.: EGD-05-04 PAGE 5
Attachments: I!
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Attachment No. 1 - Key Map
Attachment No. 2 - Proposed,by-law amendment and schedule
Interested parties to be advised of Council's decision:
Inspector Bill Temple Clayton Morgan, Chair
Bowmanville Community Office Clarington Traffic Management Advisory Committee
Durham Regional Police 31 Parkway Crescent
77 Centre Street North Bowmanville, ON L1 C 1 B9
Oshawa, ON L1 G 4137
WOSHAWA ..�.... .,.
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ATTACHMENT NO.:2
�. REPORT NO.: EGD-05-04
�. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON-'
BY-LAW 2004-
"'� Being a By-law to amend By-law 91-58, as amended, being a By-law
to Regulate Traffic on Highways, Municipal and Private Property in
the Municipality of Clarington.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable to
amend By-law 91-58;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
.. 1) Schedule XVI"STOP SIGNS"of By-law 91-58 is amended by:
A) Adding the following reference: '
Column 1 Column 2
Intersections Facinq Traffic
Baseline Road and Lambs Road Eastbound on Baseline Road
(Bowmanville)
Baldwin Street and Clarke Street Northbound on Baldwin Street
(Newcastle)
w" Brownsville Court and Brownsville Road Westbound on Brownsville Court
(Clarke)
a. Burketon Lane and Roy Carter Street Northbound on Burketon Lane
(Burketon)
Carriage Lane and Black Creek Trail Southbound on Carriage Lane
w. (Courtice)
Kendal Church Street and Old Mill Street Southbound on Kendal Church Street
(Kendal)
Circlefield Court and Centerfield Drive Eastbound on Circlefield Court
(Courtice)
Concession Street West and Wellington Westbound on Concession Street West
Street
(Bowmanville)
Davis Court and Hillside Drive Eastbound on Davis Court
(Solina)
Dickey Street and Old Mill Street Southbound on Dickey Street
(Kendal)
Dickey Street and Old Mill Street Northbound on Dickey Street
(Kendal)
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Dickey Street and Monck Street , Northbound on Dickey Street
(Kendal)
Dickey Street and Water Street louthbound on Dickey Street
(Kendal) I
North Division Street and Millville Avenue I northbound on North Division Street
(Hampton) I rr
Elgin lane and Perry Street Eastbound on Elgin Lane.
(Hampton),
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Graham Court and Orchard Heights Drive Eastbound on Graham Court
(Newcastle)
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Hillside Drive and Hillside Court Westbound on Hillside Drive
(Solina)
Irwin Road and Winter Road Northbound on Irwin Road
(East Junction)
(Orono)
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Water Street and Old Mill Street Northbound on Water Street
(Kendal)
Lakeshore Road and Stephenson Road Westbound on Lakeshore Road
(Clarke)
Oakley Court and Orchard Heights Drive Eastbound on Oakley Court
(Newcastle)
Peachtree Crescent and Strathmanor Eastbound on Peachtree Crescent
Drive
(Bowmanville)
Roy Carter Street and Darlington Street Westbound on Roy Carter Street
(Burketon)
Hoy Street ar4d Old Mill Street Southbound on Hoy Street
(Kendal)
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Tanglewood Court and Darlington Street Eastbound on Tanglewood Court
(Burketon)
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Third Street and Lambs Lane Westbound on Third Street
(Bowmanville)
Union School Road and Northbound on Union School Road '
Concession Road 9
(Darlington)
Waverley Road and Old Highway No. 2 Northbound on Waverley Road
(King Street West)
(Bowmanville)
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West Beach Road and Port Darlington Eastbound on West Beach Road
,,. Road
(Bowmanville)
Windsor Valley Gate and Black Creek Trail Eastbound on Windsor Valley Gate
(Courtice)
2) Schedule XVII "YIELD RIGHT-OF-WAY SIGNS" is amended by deleting it in its entirety
and replacing it with the attached new Schedule XVII
3) This By-law shall come into force and take effect on the date approved by Council and
when signs to the effect are erected.
BY-LAW read a first and second time this 16th day of February,2004.
BY-LAW read a third time and finally passed this 16th day of February,2004.
�. John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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SCHEDULE XVII
YIELD RIGHT-OF-WAY SIGNS .w
COLUMN 1 IdOLUMN 2
Intersections 0acincg Traffic .+
Concession. Road 7 and west junction of Eastbound on Concession Road 7
Liberty Street North
(Darlington) ..r
Mill Pond,Road and Sommerville Drive Westbound on Mill Pond Road
(Orono)
Mill Pond Road and Sommerville Drive Northbound on Mill Pond Road
(Orono)
Stephens Mill Road and Bethesda Road Eastbound on Stephens Mill Road
(Darlington)
Vannest Road and Concession Road 6 Southbound on Vannest Road
(Darlington)
Walsh Road and Concession Road 5 Northbound on Walsh Road
(Clarke)
Werry Road and Concession Road 6 Southbound on Werry Road
(Darlington)
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Includes amendments: 97-79, 99-181, 04-_
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7 i0
REPORT
Leading the Way
EN9INEERING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, February 9, 2004
Report#: EGD-06-04 File #: By-law#:
Subject: LONGWORTH ROAD AND BRIDGE LAND TRANSFER
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-06-04 be received;
2. THAT the agreements contained in Attachment No. 2 between the Municipality of
Clarington and CLOCA be approved;
3. THAT a by-law be passed to authorize the Mayor and Clerk, on behalf of the
Municipality, to execute the agreement contained in Attachment No. 2; and
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4. THAT CLOCA be advised of Council's decision.
Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
ASC/LJB/jw
February 4, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
7i1
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REPORT NO.:,EGD-06-04 PAGE 2
1.0 BACKGROUND
1.1 The construction of the Longworth Road and Bridge Project involves the crossing of the ••
Bowmanville Creek Valley (see Attachment No. 1). This portion of the valley is under
the ownership of the Central Lake Ontario Conservation Authority:
1.2 Staff liaised with CLOCA at the design stage of the project and came to an agreement -r
for the transfer of certain lands required for the construction of the Longworth Road and
Bridge Project through the Bowmanville Creek Valley.
1.3 The agreement with CLOCA provided that CLOCA would transfer to the Municipality, in
fee simple and at no cost to the Municipality, the lands required for the construction of
our project. In exchange, the Municipality agreed to conditions, which were
contained in the minutes of CLOCA meeting of February 18, 2003.
1.4 The Solicitor has prepared an agreement that contains provisions which are consistent
with the intent of CLOCA's conditions for the transfer of the lands (see Attachment No.
2).
2.0 CONCLUSION
2.1 The transfer of these lands from the CLOCA to the Municipality requires that an
authorizing by-law be passed to authorize the Mayor and Clerk to execute this
agreement.
Attachments: ••
Attachment No. 1 — Key Map
Attachment No. 2 —Agreement with CLOCA -�
Attachment No. 3 — Proposed By-Law
Interested parties to be advised of Council's decision: "
Don Wright
Central Lake Ontario Conservation Authority
100 Whiting Avenue
Oshawa, ON L1 H 3T3
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Lands To Be
c Transferred To The
"' .2— of
Clarington
Longworth Ave. Extension
Fourth St.
Jack,'
17 Rd
B N ILLE
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Concession Rd.3
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SITE oe
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o DRAWN BY:E.L. DATE:February 4,2004
REPORT EGD-06-04
TEKE MAP ATTACHMENT NO. 1
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ATTACHMENT NO.:2
REPORT NO.: EGD-06-04
February 2,2004
THIS AGREEMENT made as of the day of February,2004.
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BETWEEN: II
THE CORPORATION O,F THE MUNICIPALITY .rr
OF CLARINGTON
(hereinafter called the"Municipality")
OF THE FIRST PART
-and- .rr
CENTRAL LAKE ONTARIO CONSERVATION
AUTHORITY
(hereinafter called the"Authority)
OF THE SECOND PART
WHEREAS:
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A. At its meeting on February 18,2003 the Authority approved the recommendation contained
in Staff Report#4382-03d regarding the transfer by the Authority to the Municipality for a nominal
consideration of title to those lands necessary to construct Longworth Avenue, including the
associated stormwater outfall works through the Bowmanville Valley Conservation Area subject to
certain conditions.These lands are more particularly described as Part 1 on plan of survey of record .
40R-22300 deposited in the Land Registry Office for the Land Titles Division of Durham(No.40)
("Lands");
C. At its meeting on February _, 2004, the Council of the Municipality approved the
recommendation contained in Report #EGD-2004- and passed By-law No. 2004- to .w
authorized the Mayor and the Municipal Clerk to execute this Agreement on behalf of the
Municipality,
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NOW THEREFORE THIS LEASE WITNESSES in consideration of the premises and the
covenants
I - -inafter expressed,and the sum of two($2.00)dollars of lawful money of Canada now
paid by each Party to the others(the receipt whereof by each Parry is hereby acknowledged),the Parties
hereto covenant and agree to and with each other as follows:
1. Erosion Studies and Protection Works
No
1.1 In 2003, after first consultation with the Authority, the Municipality will initiate at the
Municipality's expense a Stream Erosion Assessment Study of a portion of the Soper Creek
watershed.The purpose of the Stream Erosion Assessment Study is to inventory erosion sites
on the Soper Creek and its banks on which erosion can be accelerated, despite best go
management practices,as a result of development due to increased peak run-off,increased
velocities,increased run-off duration,or a combination of any of these factors.This Stream
Erosion Assessment Study is intended to update the findings and recommendations of
"Master Drainage Plan - West Branch of the Soper Creek - Bowmanville" (Proctor +
Redfem-August 1988) and "Stormwater Management Report-Northeast Bowmanville
Detention Pond"(GM Semas+Associates Ltd.-October 1991)as finally approved by the
Municipality's Director of Engineering Services.
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1.2 The Soper Creek Stream Erosion Assessment Study will include specific recommendations
respecting erosion protection works which should be constructed or installed in order to
protect Soper Creek and its banks from the acceleration of erosion referred to in paragraph
1.1.
r. 1.3 After consultation with the Authority, t I Municipality at its cost intends to undertake
additional stream erosion assessment stu jes as soon as is reasonably practicable. These
studies will have purposes which are alogous to the Soper Creek Stream Erosion
'Assessment Study referred to in paragraph I.I. Where appropriate these studies will
recommend the construction or installation of erosion protection works on the streams or on
the banks of the streams in question.
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1.4 Without fettering in any way the Council of the Municipality in the exercise of its legislative
discretion, the Parties hereto state their present intention that if a development charge
background study respecting a Development Charge By-law to replace By-law 2000-108,as
.. amended,on the expiry of By-law 2000-108 as provided for in the Development Charges
Act, S.O. 1997, c.27, as amended, is undertaken for the Municipality and recommends
development charges for services be imposed,the Replacement By-law will incorporate an
appropriate component of the development charge respecting erosion protection works as
identified in the Studies referred to in paragraphs 1.1, 1.2 and 1.3.It is understood by the
Parties that the costs of such erosion protection works component of the Replacement by-law
may include costs related to:
• Review and update of current erosion site inventory
• Review and update of hydrology and hydraulics in the subject reach as they pertain to
erosion thresholds
.. • Compilation of existing and potential erosion sites
• Preliminary general design and cost estimate of erosion protection
• Engineering
• Construction or installation of erosion protection works
ir.
2. Transfer of Title to Lands
r 2.1 On or before February 27,2004,the Authority will transfer good and marketable title in fee
simple to the Lands to the Municipality for the consideration of Two ($2.00) Dollars of
lawful money of Canada to be paid by the Municipality to the Authority.
w.. 2.2 The Municipality will pay the costs of the Authority which are incurred by the Authority in
connection with the transfer of the Lands to the Municipality,including,without limitation,
its reasonable legal costs,registration fees and land transfer tax,if any.
r
r
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3
IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered go
this Lease as of the date above written.
THE CORPORATION OF THE .r
MUNICIPALITY OF CLARINGTON
Per: �+
Mayor:John Mutton
Per: .w
Municipal Clerk:Patti L.Barrie
I/We have authority to,bind the'Porporation.
CENTRAL LAKE ONTARIO
CONSERVATION AUTHORITY
Per:
Name: wa
Title:
Per:
Name:
Title:
I/We have authority to bind the Corporation.
.wi
wl
sm
716
SCHEDULE"A"
+r.
Description of the Lands
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ATTACHMENT NO::3
REPORT NO.: EGD-06-04
' r
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2004-
being a by-law to authorize the execution of an agreement
between the Municipality of Clar�ngton and the Central Lake' ■r
Ontario Conservation Authority.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:
1. THAT the Mayor and Municipal Clerk are hereby authorized to execute, on
behalf of the Corporation of the Municipality of Clarington with the Corporation w
Seal, an Agreement between the Municipality of Clarington and the Central Lake
Ontario Conservation Authority pertaining to lands necessary to construction
Longworth Avenue, including the associated stormwater outfall works through,
the Bowmanville Valley Conservation Area.
By-law read a first and second time this 16th day of February 2004.
By-law read a third time and finally passed this 16th day of February 2004.
,w
John Mutton, Mayor
.r
Patti L. Barrie, Municipal Clerk ..i
.rr
.r
.rr
ww
71b
Leading the T'Vay
1
REPORT
EMERGENCY& FIRE SERVICES
1 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: FEBRUARY 9., 2004
Report#: ESD-002-04 File #10.12.6 By-law#
P Y
1
Subject: MONTHLY RESPONSE REPORT— DECEMBER, 2003
1 Recommendations:
1 It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1
1. THAT Report ESD-002 -04 be received for information.
1
i
1
1 . .
1
Submitted by: t Reviewed by: v
1 Michael G. Creiqqoh, AmCT.CMM1 1 Franklin Wu,
Director of ErnerWency Services/Fire Chief Chief Administrative Officer
' MGC*Ily
901
REPORT NO.: ESD-002-04 PAGE 2.
I
BACKGROUND AND COMMENT
1. BACKGROUND
1.1 Our report covers the month December 2003. It is our intent to provide Committee
with information relevant to this department,in a timely manner.
2. REPORT
2.1 The department responded to 255 calls during this period and recorded total fire loss
at$29,400.00.A breakdown of calls responded to follows in the table attached. ,
*Standby
' I
As indicated in the table attached, Station lvolunteer firefighters were activated twelve
times and Station 4 volunteer firefighters seven times for standby. All were as a result of
Pumper 1 and Pumper 4 responding to emergency calls.
I
1
1
1
I
902
EMERGENCY&FIRE SERVICES
MONTHLY RESPONSE REPORT "
' MONTH YEAR MONTH YEAR
ENDING TO ENDING TO
December/03 DATE December/02 DATE
CLASSIFICATION 2003 2002
PROPERTY FIRES
(Includes structure,chimney,vehicle 6 183 26 246
' Miscellaneous e. .furniture,clothing,etc.
UNAUTHORIZED BURNING
(Burning complaints) 4 120 9 79
' FALSE FIRE CALLS
(Includes alarm activations- 19 442 39 419
accidental//malicious,human-perceived
emergencies/check calls e.g.investigate
unknown odour
PUBLIC HAZARD CALLS „
' (Includes propane/natural gas leaks, 23 238 21 238
fuel/chemical spills,power lines
down/arcing,C.O.leaks,etc.
' RESCUE CALLS
(Includes vehicle extrication/accidents, 51 422 26 407
commercial/industrial accidents,
' home/residential accidents,water/ice rescue
MEDICAL ASSIST CALLS
(Includes assist to ambulance personnel with 118 1117 101 1057
'
respiratory and resuscitation emergencies "
MISCELLANEOUS CALLS.
(Incidents not found,assistance not req'd.by 34 345 33 353
' other agency,call cancelled on route,etc.
TOTAL CALLS 255 2867 255 2799
tTOTAL FIRE LOSS $29,400.00 $1,967,450.00 $357,700.00 $2,176,830.00
NUMBER OF ALARMS BY STATION
ST.#I ST.#2 ST.#3 ST.#4 ST.#5 TOTAL
' 115 36 24 67 13 255
' NUMBER OF STANDBY CALLS BY STATION
ST#1 ST#2 ST#3 ST#4 ST#5 TOTAL
12 0 0 7 0 19
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
' 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F(905)623-6506
90
t ,
� I I
REPORT
' EMERGENCY AND FIRE SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 9, 2004
..
' Report#: ESD-003-04 File# 10.12.6 By-law#
' Subject: Master Fire Plan
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council'the following:
1. THAT Report ESD-003-04 be received; and
2. THAT the Master Fire Plan report and the presentation of Mr. Claudio Covelli be
' referred to staff for the preparation of a business plan, to address the
recommendations in the Master Fire Plan.
' Submitted by: Reviewed by:
Michael G. Creig on, A CT, CMM111 Franklin Wu, M.C.I.P.
Director Emerge y & Fire Services Chief Administrative Officer
' MGC:sr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F(905)623-6506
=
904
REPORT NO.: ESD-003-04 PAGE 2
BACKGROUND AND COMMENT
At the meeting of November 12,2001 Council approved resolution GPA-545-01,being report
ESD-008-01, and directing staff to establish a Steering Committee and proceed with the Master I
Fire Plan, as soon as possible. An R.F.P. was developed and forwarded to consulting firms
familiar with the development of Master Fire Plans. Dillon Consulting was chosen from the
submissions to review the Municipality's existing Emergency and Fire Services Department and' I
make recommendations on requirements for the present and a twenty year growth plan.
After meeting with the Steering Committee and establishing a Terms of Reference,Dillon
Consulting set about completing the project. The Steering Committee included Councillor
Schell, Councillor Trim,Nancy Taylor;Director of Finance, Tony Cannella,Director of
Engineering,Larry Taylor,Manager of Development and Review, Sheila Schweizer,Manager of
Human Resources, Grant Bradley,President of Firefighters' Local 3139, at the time,as well as
Divisional Chiefs Bill Hesson and Gord Weir. Louann Birkett assisted in developing the RFP
for consulting services, the interviews and selection of the consultant. As such,the committee
was a resource for the consultant to meet with and draw assistance from in their various areas.
Some delays were experienced due in part to some financial issues,which could not be properly
addressed until the outstanding Arbitration with the Firefighters' Association was settled. As
well,the approval of construction of the new Courtice Fire Station,as station location is one
aspect of the report,contributed to the delay.
In September of last year a review of the draft took place with the consultant, Claudio Covelli
and once complete the final draft was prepared. Once the report was received it was circulated to
the Mayor and Members of Council and the Steering Committee.
CONCLUSION
It is recommended that the Master Fire Plan report and any comments,be referred to the Director
of Emergency and Fire Services who, in co-operation with the Director of Finance and staff,will
prepare a business plan to deal with the recommendations found in the report. Once the business
plan has been completed it will be forwarded to Council for review and comment.
I
pry
7
Leading A.War REPORT
,. CORPORATE SERVICES DEPARTMENT
I '
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 9, 2004 Resolution ution#.
Report#: COD-005-04 File #: By-law#:
L.
Subject: Single Stream Payment for Regional Compensation
Recommendations:
It is respectfully recommended to Council the following:
1. THAT the Municipality of Clarington, based on confirmation of the Region of
Durham's approval of the transfer of responsibility for processing payroll, will
process compensation for the Mayor and Regional Councillors at the local level. '
2. THAT Participation in the single stream payment process for both local and
Regional responsibilities will be optional for the Mayor and Individual Members of
Regional Council.
3. THAT the Municipality of Clarington will invoice the Region of Durham for all
expense incurred in relation to processing the Regional payroll for the
Municipality of Clarington Mayor and the Municipality of Clarington Regional
Councillors' salaries.
4. THAT the attached by-law providing for the
payment of Regional payroll at the
local level with appropriate invoicing to the Region for related costs be approved;
and
5. THAT the Region of Durham be notified and provided a copy of the approved by-
law.
Submitted by: Reviewed
rie arano Franklin Wu
Director of Corporate Services Chief Administrative Officer
MM*ca
1201
REPORT NO.: COD-005-04 PAGE 2 '
BACKGROUND
I
1. Over the past few years there has been a growing trend by Regional
Municipalities to,structure the payment of Regional compensation, including
OMERS contribution through the local level. The local level then invoices the
Region for all associated costs related to the process. The Region of Durham is
proposing to bring this recommendation forward, permitting the area
Municipalities to individually choose this option.
2. There is no impact to the local level since all costs and contributions made on
behalf of the Region are invoiced back to them.
3. The individual Regional Council member can elect to participate or remain on the
separate payment stream. The only advantage for the Mayor and Regional
Councillors is to permit them, through employee deductions, to contribute a
higher value to their retirement plan over time. The employer contribution will be
invoiced to the Region. The OMERS plan related to the local level should not be
impacted, according to OMERS.
4. The single stream process has been investigated with OMERS, who advise that
since the Municipality currently participates in the OMERS plan for the Mayor and
Council at the local level, this option is permitted. Canada Customs and Revenue
Agency have also been consulted, and they have advised that this option is
permitted. Staff at the Region of York and the Town of Newmarket have been
consulted regarding their experience, and both have advised that they have not
had any significant issues either from the Regional or local levels.
5. It is recommended, that with the Region approval of the processing of Region
compensation at the local level, the municipality of Clarington participate at the
option of the individual Council Member. Approval of the attached by-law will put
into effect, the opportunity.
Attachment#1: By-law
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-6506
12J2
r
' Report COD-005-004
Attachment# 1
r. THE CORPORATION OF THE MUNICIPALOY OF-CLARINGTON
BY-LAW 2004— I
Being a by-law to permit the processing of Regional Payroll, associated deductions and
remittances, including OMERS, for the Municipality of Clarington Mayor and councillors
serving on the Region of Durham Council.
WHEREAS the Region of Durham intends to approve the processing of Regional Compensation
to the Mayor and Regional Council Members through,the Local Municipal payroll;
NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ,
ENACTS AS FOLLOWS:
1. THAT the Municipality of Clarington will process at the lower tier, payment for the
Regional responsibilities, the approved Regional compensation value, without the 1/3 tax
free allowance;
2. THAT the Municipality will deduct the appropriate statutory deductions and remit to the
applicable agencies,,including OMERS, in accordance with the governing regulations and
legislation;
3. THAT the Region of Durham will be invoiced for any processed Regional compensation,
including appropriate charges related to OMERS and any other legislated requirement or
cost; and
4. THAT the Municipality of Clarington will not incur any additional costs associated with the
processing of the Regional payroll;and
5. THAT the processing of the payroll as described herein becomes effective upon approval
of the process by the Region of Durham.
By-law read a first and second time this day of , 2004.
By-law read a third time and finally passed this day of ,2004.
I;
John Mutton,Mayor
Patti L. Barrie, Municipal Clerk
- 120 .E
i
Leading the,Way
REPORT ,-
CORPOR&E SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: FEBRUARY 9T", 2004
Report#: COD-006-04 File# By-law#,
Subject: VISUAL ARTS CENTRE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-006-04 be received;
2. THAT the lease agreement with the Visual Arts Centre (Schedule B) be extended to
expire.May 12, 2016;
3. THAT the insurance clause item 1 b be amended to reflect the current municipal
standard and practice; and
4. THAT the attached By-law marked Schedule "A" be approved authorizing the Mayor and
the Clerk to execute the necessary agreements;
Submitted by: Reviewed by:
arie Marano, H.B.Sc., C.M.O. Franklin Wu,
Director of Corporate Services Chief Administrative Officer
1 711,4//�
rl
Na y Tayl , B-b-. C. .,
Director of Finance
MMILABIkm
1204
REPORT NO.: COD-006-04 PAGE 2
BACKGROUND AND COMMENT
The Municipality has an existing Lease agreement with the Vival Arts Centre, which expires
May 12, 2011.
The Visual Arts Centre have requested an extension to the agreement in order to be eligible to
apply for funding from foundations and other granting agencies. Most granting agencies.
require that there be at least a ten year lease agreement in place and as the existing lease
expires in seven years, an extension is requested. Upon review of the lease, it was noted that
the insurance clauses are out dated and it is therefore recommended that they bp revisgd at.
the same time. The proposed revisions are as per Schedule "C"attached.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1 / 11-1 r.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Schedule "A"
BY-LAW 2004-
Being a By-law to authorize a contract' ' between the
Corporation of the Municipality of Clarington and Visual Arts
Centre, Bowmanville, Ontario, to enter into agreement for
lease of Visual Arts Centre at 143 Simpson Avenue;
Bowmanville.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the.Corporation Seal, a
contract between, Visual Arts Centre, Bowmanville, 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 , 2004.
By-law read a third time and finally passed this day of , 2004.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
L. 1 �► b
SCHEDULE "B",
THIS i'INDENTURE MADE THE, /;a DAY OF )"°'`
1986
IN;PURSUANCE OF THE' SHORT'FORMS OF LEASES ACT. ,
THE CORPORATION.OF THE TOWN OF NEWCASTLE
(hereinafter called the "Landlord")
I�: OF THE FIRST PART
.^, --and -I
THE VISUAL ARTS CENTRE OF NEWCASTLE
A Corpor tion. Incorporated under the Laws
of the Province of Ontario
(hereinafter called the "Tenant")
OF THE SECOND PART
WITNESSETH:
WHEREAS by resolution GPA-562-86 dated June 2nd, 1986 and ratified
and adopted by Council on the 9th day of June, 1986, the landlord
agreed to amend the lease to the Tenant dated May 13, 1986 as follows:
THAT Paragraph 05, Page 3 of the:said Lease is hereby deleted in its
entirety and replaced with the following:
5. Provided that the tenant may share in common with the
Baseball Club, the small back room in the annex until suitable
, alternate
facilities are found.
IN WITNESS WHEREOF the Tenant has hereto affixed its corporate
seal duly attested by the hands of. its proper officers in that behalf
and the Landlord has hereto affixed its corporate seal duly attested
by the hands of its Mayor and Clerk.
SIGNED, SEALED AND DELIVERED ; THE CORPORATION OF THE TOWN
OF NEWCASTLE
)
)
d �Lfl�
p•Puny-
)
THE VISUAL ARTS CENTRE OF NEWCASTLE
)
11J7 � `
SCHEDULE "B"
THIS INDENTURE MADE THE S j"'!l DAY OF N���� 1986
IN PURSUANCE OF THE SHORT FORMS OF LASES ACT.
BETWEEN: T CORPORATION OF THE TOWN OF NEWCASTLE
( Ilreinafter celled the "Landlord")
OF THE FIRST PART
-and-
THE VISUAL ARTS CENTRE OF NEWCASTLE
A Corporation Incorporated under the Laws,
of the Province of Ontario
(hereinafter called,the "Tenant")
OF THE SECOND PART
WITNESSETH that in consideration of the rents and covenants
hereinafter set forth the Landlord hereby leases unto the Tenant the
lands,-and premises describes: in Schedule "A" attached hereto;
TO HOLD the premises for a term of TWENTY-FIVE (25) YEARS
from the date hereof. The Tenant paying therefor yearly in advance
during the term hereby granted the sum of ONE ($1.00) DOLLAR of lawful
money of Canada, the first such payment to be due and payable upon the
execution hereof and subsequent payments to be due and payable on the
29th day of March in each year during the term hereof.
1. The Tenant covenants with the Landlord as follows:
a) to pay rent;
b) to provide public liability and property damage insurance in
an amount not•less than $1,000,000.00 for each occurrence
during the currency of this lease;,
c) to maintain and make norn!a1 repairs necessary for the
operation.of the building;
d) to pay during the term hereof all rates and charges for water,
gas, electric lights, telephone and power and other public
utilities or services supplied to the premises; and any.
municipal taxes levied thereon;
e) to maintain and keep the premises, described in Schedule "A"
hereto, and every part thereof, in a clean and tidy condition
and not to permit waste paper, garbage, ashes or waste or
objectionable material to accumulate thereon.
12A
1
. . 1 SCHEDULE "B
"2-
e) not at. any time to permit any mechanic's.
labourer's material-man's or similar lien '
to stand against the premises for any labour
or materials furnished , or with the consent
of, the Tenant, its agen s, or contractors. in
connection with work of ahy character performed
or claimed to have been .performed on the premises .
by or at the direction on sufference of the
Tenant; PROVIDED, however, that the Tenant shall
have the right to contest the validity of or the
amount claimed under or in respect of, any such
lien, if such contestation shall involve no forfeiture,
foreclosure or sale of the premises or any,
part thereof, but. upon a final determination
of such contest the Tenant shall immediately pay
and satisfy any judgement ,or decree rendered against
the Tenant, with all proper costs and charges, and
cause such lien to be discharged and released off
record, all without cost or expense to the tandlord;
PROVIDED FURTHER that on the Tenant's failure
promptly to remove or contest any such lien, the
Landlord, at its option, may pay and discharge
such lien, and all amount paid by or on behalf
of the Landlord, together with all expenses incurred
in connection therewith by or for the Landlord
shall be charged to and paid forthwith by the
Tenant as additional rent;
g) to indemnify the Landlord from any and all
liabilities, damages, costs, claims, suits or
actions growing out of any negligence or breach,
violation or non-performance of any covenant or
proviso hereof on the part of the Tenant or any of
its servants, agents, or employees or any person a
having business with the Tenant. Such indemnification
in respect of any such negligence, breach,
violation or non-performance occurring during
the term of the lease shall survive any termination
of this lease, anything in this lease to the
contrary notwithstanding; PROVIDED, however, that
such indemnification shall in no event extend to
the direct, primary and proximate results of.the
negligent, reckless or wilful conduct of the
Landlord, its agent, employees or representatives;
2. The Landlord covenants with the Tenant as follows:
a) for quiet enjoyment;
1209
SCHEDULE "BN
-3- .
b) Subject to the approval of the Landlord that the
Tenant when not in default of performance of any
of its obligations hereunder shall have the right
to make at its own expense such alterations or ,
additions and improvements to the premises as it
may deem advisable provided that no such alteration.,
addition or improvement .shall reduce the value or
character of the premises,or weaken their structural .
safety or be detrimental to their use.
3. Proviso for re-entry by the.said Landlord on non-payment.
of rent or non-performance. of covenants.
4. Provided that the Tenant may remove its fixtures anh property.
. 5. Provided that the Tenant may share in common with others '
so entitled the public washroom facilities and connecting .common
areas.to such facilities adjoining to the north.of the main'
or first floor of the subject premises. ,
6. Provided that the Tenant hereby agrees to use the.:subject
premises as a centre for the arts and to maintain its Charter
and By-laws 'in a form the same as or similar to the present ones
now in existence so that the membership in the Tenant organization /
will be open and available to all members of the Community who
comply with the rules and regulations of the Tenant, such rules
and regulations to be of a form usual to such organization.,
7. Should the Tenant cease to be active in the Town of Newcastle
for more than six months, this Lease shall be forfeited and
vacant possession shall be given forthwith to the Landlord.
8. Provided that should the premises be damaged or destroyed by
fire or other cause, the proceeds of any insurance held by the
Tenant and/or Landlord shall be used to rebuild the premises if
practicable; otherwise such proceeds shall be used to provide
a Centre .suitable to the Tenant to be used and occupied. by the
Tenant on the same or a similar basis Ve that upon which the premises
hereby leased now are used and occupied.
9. . The Tenant may terminate this lease by giving notice in
writing to the Landlord and the effective dates of such termination
shall be six months after such notice is received by the Landlord.
10. If the Tenant goes out of possession of the premises, the
Landlord may enter and take such steps as may be necessary to
maintain same and the Tenant may acquire possession of. the premises
once again if it pays to the Landlord the latter's reasonable
expenses in so maintaining the..premises provided that
SCHEDULE "6"
4r-
such right to regain possessi n shall lapse six months after
the Tenant first goes out of �o session.
At the termination of. the term or any renewal of this
lease, the Tenant shall have thq .right of first refusal to rent
the premises.
IN WITNESS WHEREOF the Tenant has hereto affixed its
' corporate seal duly attested by the hands of its proper officers
'in that behalf and the Landlord has hereto affixed its corporate
seal duly attested by the hands of its Mayor and Clerk.
r
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN
OF NEWCASTLE
MATM
CLERK
)
THE VISUAL ARTS CENTRE OF NEWCASTLE
FKLZ)lUt]
� 7
)
111
SCHEDULE B"
1. The use of portions of the str1 --re or building known
as the "Cream of Barley Mill" located In the Town of Newcastle
in the Regional Municipality of Durham, now situated on lands
described as Part of Lot 9, Concession 1, particularly
iirrrr designated as Part 1, Plan 1OR-263, and being the following
,floors and rooms therein:
a) All of the basement floor area, adjoining rooms' and
connecting hallway therein, said latter roomsobeing -
commonly known as the utility-storage and the
fireplace rooms, and
b) All of the entire first, second and third floor
areas and any partitioned rooms or spaces therein.
2. The use of an adequate quantity of land immediately surrounding
the Mill structure, referred to in paragraph .I in this Schedule,
sufficient for the purposes of automobile parking for all Mill
functions and activities as well as necessary ingress and egress
to and from the said Mill structure.
i
1212
k
• Schedule'C'
THIS INDENTURE dated as of the day of .1 2004,
inpursuance of the Short.Forms of Leases Act
BETWEEN:.
• it
THE CORPORATION OF THE f�UNICIPALITY OF CLARIN
GTON
(hereinafter called the"Landlord")
OF THE FIRST PART
-and-
THE VISUAL ARTS CENTRE OF NEWCASTLE A Corporation.
Incorporated under the laws of the Province of Ontario
(hereinafter called the"Tenant')
OF THE SECOND PART
WITNESSETH:
WHEREAS.by resolution dated ,2004 and ratified and adopted,by
Council on the day of 2004,the Landlord agreed to
extend the lease to the Tenant dated May 13, 1986 to May 12,2016 and THAT
Paragraph 1 (b), Page 1 of the said Lease is hereby deleted In its entirety and replaced
with the following:
1-b. Insurance and Indemnification
(a)The Lessee shall provide and maintain during the term of the lease Commercial
/Comprehensive General Liability insurance acceptable to the Municipality and
subject to limits of not less than $3,000,000.00 inclusive per occurrence for
bodily injury,death and damage.to property including loss of use thereof.
(b)The Commercial/Comprehensive General Liability insurance policies shall be
in the name of the Lessee and shall name the Lessor as an additional insured
thereunder.
(c) Such insurance policies shall contain an endorsement to provide the
Municipality with thirty(30)days written notice of cancellation.
Evidence of insurance satisfactory to the Municipality's Insurance Administrator.
shall be provided prior to execution of the lease. If requested by the'Lessor,
Certified Copies of the above-referenced policy must be provided.
(d)The Lessee shall indemnify and save harmless the Lessor from any and all
claims, demands,causes of action, loss,costs or damages that the Lessor may
suffer, incur or be liable for, resulting from the performance of the Lessee of his
obligations under the lease agreement, save and except damages, claims,
demands,actions or cause of action arising out of or as a result of the actions of
the Municipality,its agents or employees.
PAGE 1
H:U.EASES%VIS,ART-C-2004.cW
1213
Schedule'C'
IN WITNESS WHEREOF the Tenant has hereto affixed its corporate seal duly attested
by'the hands of its proper officers in that half and the Landlord has hereto affixed its
corporate seal duly attested by the hands I f Its Mayor and Clerk:
SIGNED,SEALED AND DELIVERED THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By:
John Mutton,Mayor
And"
Patti L.Barrie,.Clerk
THE VISUAL ARTS CENTRE
By:
And:
r
PAGE 2
121 /' HALEASESMS-MT-C-2W4.dx
HANDOUTS/CIRCULATIONS
GPA
G
Municipality of
ci
arington
Fire Master Plan
February 9, 2004
CONTSU LTL.NG
Presentation Outline
• Study Background
• Main Challenges
• Assessment Methodology
• Performance Measures
• Analytic Results
• Financial Impact /Development Charge
• Recommendations
CONSUL T .NG
Study Background
•
AS -I*
uili%^.+lp allay `w" to d i \^..oiiipreh e nsi v�. r t.v l%.�w
of municipal fire protection to set key
objectives for the future — a Fire Master Plan:
➢ Training
➢ Prevention & Education
➢ Communications
➢ Administration
➢ Maintenance
➢ Fire Suppression
C0113SUL"T'UNG
Study Background
• The Fire Master Plan also included a
review of:
➢Performance Measures & Best Practices
➢ Community Fire Risk
➢ Financial Implications
CGNSUL'TLNG
Main Challenges
• Growing municipality
• Identification of a performance
measure
• Composite Department: volunteer and
career emergency response staff
• Large geographic area
Assessment Methodology
• Collection of background
information
Fire Risk Assessment
• Network Model
Development
• Evaluation of Existing
Conditions
• Evaluation of Future
Conditions
UP I�. �
CQNSUC;I ENI G
Assessment Methodology
Existing and Future Fire Demand Zones
f
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s
n
fJ
Map Layers
,_]Future Zones
�wt.Urban ewndary
EKisling Streets
Fuh�re S!reelb
• Stetions
Future Zones Selection Sets
utufe New
=Exist<ny Zon es
Stations Selection Sets
• F.KWinE Stations
0 1 2
® _...Apo"
KJOmete-s
Assessment Methodology
Analytic Model
• Build network containing road
speed and road length data
• Attach the fire zones to network
• Calibrate based on actual travel
times to calls within municipality
• Used to assess station and
resource placement
DILI�ON
CONSULTLNG
Assessment Methodologv
Emergency response Time
The total time taken to react to a call
(dispatch, turn-out, travel time)
• Assess existing service vs. performance
measures & best practices:
➢ First response (getting there quickly)
➢ Depth of response (resources to do the job)
I7►IL.UCJN
CONSUL U-jG
Performance Measures
• No current mandatory standard or
legislative requirement in Ontario
• Most municipalities have
performance guidelines or
objectives
• Industry Guidelines/Standards
include:
➢ 'Ontario Fire Marshal's Office
➢ National Fire Protection Association
DILLC7I"�
CONSULTING
Performance Measures
Comparison of Performance Measures
Measure OFM 10/10 NFPA 1710
First spouse 4 staff rain. 1`' vehicle (4 staff)
%A
r in4 min. 0
"
the time
Depth of Service 10 staff in 7.5 rain. 15 staff in 8 non.
0% of the time 900/4 of the tine
B
8
k
S
DI:Y�IAN
C+CONSUUI"I_NG
Analytic Results
(Future "Do Nothing")
Clarington Depth of Service 7.5 min
8% Total Coverage, 11% Urban Coverage
4
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♦ .iltllf::5
Future Zorca Selacfior Sat+
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!'IrnrFJ!'.Ihr61^T 4 rfn_
Stabons Saleclion Sots
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�e �P•ro
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Total Coverage 8%
Urban Coverage 11%
Analytic Results
(Future "Do Nothing")
• Decrease in depth of response due to
future growth
• Depth of response is light in Courtice,
Newcastle, and East Bowmanville
• No fire response zones expected to have
an initial response of 4 firefighters within
4 minutes of travel
t�(?14'SCi7_T.'LNG
Implementation Strategy
2005:
• Addition of 2 firefighter rescue company to Station 1
➢ Requires 4 additional career firefighters in 2004, and 5
career firefighters in 2005
➢ Requires purchase of rescue vehicle in 2005
• Relocation of Station 4 to 2611 Trulls Road
2007:
• Addition of 2 firefighter rescue company to Station 4
➢ Requires 4 additional career firefighters in 2006, and 5
career firefighters in 2007
➢ Requires purchase of rescue vehicle in 2007
Cf NSUIXING
Implementation Strategy
2013:
• Relocation of older Station 2 (Newcastle)
➢ Addition of a career pump company (3 firefighters)
and a career rescue company (2 firefighters)
• Staffing/equipment requirements, 2008-10:
➢ 5 additional career firefighters in 2008 and 2009
➢ 6 additional career firefighters in 2010
➢ New pumper vehicle by end of 2010
• Staffing/equipment requirements, 2011-2013:
➢ 3 additional career firefighters per year, far 3 years
➢ New rescue vehicle by end of 2013
• Improved coverage of Newcastle and eastern
Bowmanville
I3II.I �Z'+d
CONSULTING
Implementation Strategy
2022:
• New Station 6 at Highway 2 and Mearns Avenue
improves first response to east Bowmanville, and
improves depth of response
•
Staffing/equipment requirements:
➢ 4 additional career firefighters per year from 2014-2017
➢ 3 additional career firefighters per year from 2018-2020
➢ New pumper vehicle by end of 2017
➢ New rescue vehicle by end of 2020
Although first response and depth of response
coverage below OFM guidelines, represents best
practical solution for Clarington
CONSLIErING
Analyti* c esu is (2022)
Clarington 1St Response 4 min
Construction of Station 6, Addition of a Company to Stations 1 & 4,
Addition of 2 Companies to Station 2, Relocation of Stations 2 & 4
• Total coverage improves from 0% to 65%
• Urban coverage improves from 0% to 77%
F.-Ia;La,,,!.
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-ri�t;ng Sr:ian:
�_
• SitYOrrs
FUlurO TaaC$$iICCitw SOW
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f
1..:..:_l:Ix(N.•iEF.i:A!:f6
Stations Sei=i:iior!Fielq
54
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8 1
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J
♦yt
�i
Total Coverage 65%1
..........._.-__...
;Urban Coverage 77°/+
Analytic a su is (2022)
Clarington Depth of Service 7.5 min
Construction of Station 6, Addition of a Company to Stations 1 & 4,
Addition of 2 Companies to Station 2, Relocation of Stations 2 & 4
• Total coverage improves from 8% to 61 %
• Urban coverage improves from 11% to 72%
r:
_ ':Ya9xa ZurGs
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'Total Coverage 61%
.S � __v�4 S' Urban_Coverage_�2�;
Non- Suppression Measures
• Fire prevention and public fire safety education
➢ Being carried out in appropriate, wide-ranging manner
➢ Sound emphasis on education and engaging the community
• Training
➢ Meets OFM standards and guidelines; will become stronger
with recent appointment of training officer
➢ Requires a suitable training facility, including:
• Building and tower
• Hard-surfaced area for multi-company drills
■ Cbuld be shared facility with adjacent municipalities
➢ Has not been included in capital spending plan
CONSLi.t.:'ING
s
Financial Impact
Analysis
• Total capital cost 2004-2020: $7.9 million ($2003)
➢ Station construction/relocation, vehicles, equipment
• Operating costs to increase by $140-570k per year
➢ New firefighters' salary, vehicle maintenance, station
facilities, apparel & protective clothing, capital-related debt
charges
• 2020 operating costs approximately $5.55 million
higher than 2003
• Average municipal tax increase of 1.17%/annum
over full period
TE I 11-rAXN
€,C)NS IETENG
1
Development Charge
Assessment
• Capital projects that serve new development
(e.g., new station, new vehicles) are DC eligible
• Replacement capital projects that benefit new
and existing development (e.g., station
relocation, replacement vehicles) are partially
DC eligible
CONSULTING
10
Summary and Conclusions
• Growing population and urban structure
increasing demands on service
• Under expected 20-year development:
➢ Depth of response coverage 8% (entire
municipality) and 11% (urban area)
➢ OFM standard is 90%
➢ Sufficient first response coverage not provided
• Career fire suppression staff needs to be
increased in urban areas
CION ti?L:I'i:NNG
Recommended
40
implementation Schedule
DI L.IAN
CONITSUIL.T ING
f
Total Needs to Year 20
• Additional minimum company staffing and
vehicles, relative to existing conditions:
➢ Station 1: 2 new firefighters, new rescue vehicle
➢ Station 2: Relocation to 1774 Rudell Road; new three-
and two-firefighter career companies with pump and
rescue vehicles
➢ Station 4: Relocation to 2611 Trulls Road; 2 new
firefighters and new rescue vehicle
➢ Station 6: New station construction near Highway 2 and
Mearns Avenue; new three- and two-firefighter career
companies,with pump and rescue vehicles •
• Career suppression staff increased from 32 to 100
2 new pumper vehicles; 4 new rescue vehicles
C.ONSLI S'i.NG
i
v
PORT HOPE AREA
INITIM1 VE Niews
_A�PORT GRANBY FOR IMMEDIATE RELEASE
r ' ' PROJECr
Relocate historic low-level radioactive waste away from Lake Ontario, LLRWMO recommends
Clarington, Ontario,February 9, 2004—The Low-Level Radioactive Waste Management Office
(LLRWMO) today presented to Clarington Municipal Council the results of the alternative means
studies, which are part of the environmental assessment of the Port Granby Long-Term Low-Level
Radioactive Waste Management Project.
Over the next two months, the public, the municipality and their technical advisors, federal and
provincial agencies and other interested groups will have the opportunity to carefully review these
findings and provide comments to the LLRWMO. All comments will be considered before the
results of the alternative means process are finalized.
A new state-of-the-art aboveground mound facility is recommended as the best option for the safe
long-tern management of historic low-level radioactive waste currently located in south-east
Clarington. This concept to relocate the historic low-level radioactive waste from its current location
on the shoreline of Lake Ontario to a new facility on an available neighbouring site further away from
the lake ranked highest in the study of alternative means.
During the past 20 months, many ideas for long-term management approaches were gathered
from the public and the international technical community, studied in detail and evaluated by the
LLRWMO project team. The resulting short list of three concepts was presented to the public in June
2003. Those concepts were then subjected to detailed examinations and comparative evaluation. The
waste relocation concept emerged as the best option in terms of public health and safety,
environmental protection, technical reliability and cost effectiveness.
The studies also resulted in a recommended route for transporting construction materials to the
new facility site north of Lakeshore Road. The recommended route would use an up-graded Elliott
Road and its road allowance, Concession Road 1 and Newtonville Road from Highway 401. Use of
Lakeshore Road would be minimized.
"We're grateful to the public and to the Municipality for their long-term interest and involvement
in developing the best alternative for safely managing the historic waste at the closed Port Granby
Waste Management Facility," said LLRWMO Director Robert Zelmer. "The existing conditions must
be improved for the long-term and we believe the recommended concept, developed through the
Environmental Assessment alternative means process, will best meet the regulatory requirements and
the needs of future generations of Clarington and Canadian residents."
-30-
Background information,notice of upcoming events and maps are attached. Detailed reports are
available on CD ROM and for review at Clarington libraries in Bowmanville,Orono and Newcastle and
at the Project Information Exchange at 110 Walton Street,Port Hope.
For further information: Sue Stickley,Communications Officer (905)885-1092 or cell(905)376-8174
Low-Level Radioactive Waste Management Office
® ® Natural Resources Ressources naturelles % AECL FALL
• Atomic Energy EiaigW ataniquo Cmaaa Canada Canada of Canada Limited d Canadaomi9e
PORT GRANBY
PROJECr Backgrounder
Low-Level Radioactive Waste Management Office February 2004
A long-term management strategy for historic low-level radioactive waste in Clarington
The community-based Port Granby Long-Term Low-Level Radioactive Waste Management
Project was initiated in 2001 by the federal government and the Municipality of Clarington,building on
the 1999 recommendations of a community advisory committee. The purpose of the Project is to provide
appropriate, safe, local, long-term management of historic low-level radioactive waste and contaminated
soils in the Municipality of Clarington.
As part of the environmental assessment process,the community concept of in-situ management
(no movement of low-level radioactive waste off the current 18 hectare site adjacent to Lake Ontario)
was evaluated and compared with other alternative means of carrying out the Project.
Over the past year-and-a-half, numerous workshops,open houses and consultation activities
provided ideas and contributed evaluation criteria to be used in the ranking of alternative means.
Technical and environmental studies requested by the Municipality of Clarington, including
special investigations of the groundwater conditions, shoreline protection requirements,and thorium
handling issues, assisted greatly in the detailed evaluation process.
Why recommend relocating the waste?
Relocating the waste further away from Lake Ontario was considered the best long-term
management solution for the following reasons:
• A new above-ground engineered waste management facility ranked first when concepts were
compared on the basis of environmental,human health and safety,technical,and economic factors. It
ranked a close second on community factors.
■ Significant advantages of a new state-of-the-art management facility over in-situ management
include:
• No need to contend with the major concerns of shoreline and bluff erosion or groundwater
diversion requirements;
• No construction in Lake Ontario and no bluff stabilization work with the associated
potential to disrupt aquatic habitat;
• A much lower volume of construction materials to be transported over public roads to the
facility;
■ Complete encapsulation of the waste and therefore superior environmental performance;
■ Lower long-term operation maintenance requirements and therefore a lower burden on
future generations;
■ Greater experience and precedents for managing waste this way;
■ Less obtrusive visually to the local landscape;
■ Easier to monitor and a lower risk of facility failure;
■ The ability to turn over the lakeshore property to alternative uses; and
■ Re-establishment of shoreline linkages for wildlife and human activity.
Experience shows that waste containing radioactive material(including Thorium 230) can be
moved safely. Concerns expressed by some community members regarding effects of excavation and
movement of waste will be addressed by appropriate safety measures, continuous monitoring and
selection of transportation routes that have minimal effects on current public roadways and local
residents.
Low-Level Radioactive Waste Management Office
Natural Resources Ressources naturelles �ci' � Canada
Atomic Energy tnergle
Canada Canada ' of Canada limited do Canada pmit6e
WIN
-I PORT HOPE AREA
INITIATIVE
Port Granby Project
Municipality of Clarington
Presentation on Results of Alternative Means Process
February 9, 2004
Glenn Case
Project Director, Port Hope Area Initiative
I
Low-Level Radioactive Waste Management Office
Municipality of Clarington
Port Granby Project;,,U ate
1. The Port Granby roject Pur
y l p
2. Alternative Means Process Conclusio
Recommendations
3. How the Recommended Concept and
Transportation Route Were Developed
4. Next Steps
Low-Level Radioactive Waste Management Office
1
Port Granby Project
To accomplish the project purpose the LL.RWMO has
undertaken an alternative means study to fulfill the
requirements of the Scope of the Environmental
Assessment.
Today we present the results of a 20 month process,
involving the public, the municipality, federal and
provincial authorities and technical specialists.
Low-Level Radioactive Waste Management Office
Port Granby Project
Recommendation:
•Relocate historic low-level radioactive waste to a
new state-of-the-art aboveground mound facility
on an available neighbouring site further away
from the Lake. y
*Rehabilitate the existing Port Granby Waste
Management Facility site located on the shoreline
of Lake Ontario in south-east Clarington.
Low-Level Radioactive Waste Management Office
3
WHERE WE ARE NOW...
Port Granby Project timeline
Projected Timeline
2001 2002
,.._.. Who's involved:
�� taal rNiens
4 srxar+Pt
° 7 .enoNnrrNin a+
M
Lo,O A rn rtrent Port W Area Pro rt Value Port HO &Port G-lb Environmental 'MurXCiplRy T
ya g.e rpe Pc'Y Pr' Y Port Rope
Initiative(PHAI) Protection iPVP) Project Environmental AssessmenS tu,al Respa<es
launched Proyram begins Assessments lFAS)starl Scopes inured. •Cyuda
. lesN_Iio ive
•WM Manayerrem
OfW
.Canadian.—I-
S.".Commruimr
.fiMrerias and 0aam
Carwdv
•local PrwintiN arA
kderal agercRs
06
2006-2011 500 Years
r — t 1
� fit
r+
Environmental Facility design Lican<e aPPhcations Remediate sites.tonstru<t �p&close l)nyoing
Assessment process 3 &decizions tacilitieS,mmPlete Port facility toriny
detisinns Mope cleanup nrai�itenance
Low-Level Radioactive Waste Management Office
Environmental Assessment Process
Full Environmental Assessment(Screening)
In accordance with Canadian Environmental Assessment Act ' .
(CEAA)
-Open, transparent and traceable process
Responsible Authorities (RAs)
-Lead-Natural Resources Canada y.
-Canadian Nuclear Safety Commission
-Fisheries and Oceans Canada
Scope of EA issued by RAs in summer 2002 following
consultation with municipality, other authorities and public
includes study of alternative means
_..
10
Low-Level Radioactive Waste Management Office
5
Port Granby Project Feasible Concepts
Concept IA On-site Management of
Wastes with East Gorge Waste Excavated
(Legal Agreement Concept)
Concept 1B On-Site Management of
Wastes with No Waste Excavation
Concept II -- Relocation of Waste to
New Long-Term Storage Facility
(Cameco Lands North of Lakeshore Road)
13
Low-Level Radioactive Waste Management Office
Port Granby Project
Engineered Aboveground Mound
M-! :4'10
•.rrywlcyulw ::1w:WV4r:yn
SMit(UMN61R
a!u lua
..111
On-Ground
Engineered Containment Mound
Schematic
14
Low-Level Radioactive Waste Management Office
7
� Port Granby Project
Advantages of Concept II
Significant advantages of a new state-of-the-art
management facility over in-situ management
include: -.le
*No need to contend with the major concerns of
shoreline and bluff erosion or groundwater
diversion requirements;
*No construction in Lake Ontario and no bluff
stabilization work with the associated potential to
disrupt aquatic habitat;
17
Low-Level Radioactive Waste Management Office
Port Granby Project
Advantages of Concept II
Continued
Significant Advantages:
A much lower volume of construction materials
to be transported over public roads to the
facility;
Complete encapsulation of the waste and
therefore superior environmental performance;
18
Low-Level Radioactive Waste Management Office
9
Port Granby Project
Advantages of Concept II
-lowContinued
Significant advantages:
Easier to monitor and a lower risk of facility
failure;
Can turn over the lakeshore property to
alternative uses; and
• Re-establishment of shoreline linkages for
wildlife and human activity.
21
Low-Level Radioactive Waste Management Office
Port Granby Project
a Waste Handling Issue
Waste Handling
Experience shows that waste containing radioactive
material (including Thorium 230) can be moved safely.
Concerns expressed by some community members
regarding excavation and movement of waste will be
addressed by appropriate safety measures,
continuous monitoring and selection of transportation]
routes with minimal effects on current public
roadways and local residents.
22
Low-Level Radioactive Waste Management Office
11
PoRT HOPE AREA
►�f IMTUTIVE
n f o r m a t i o n
February 2004 Low-Level Radioactive Waste Management Office
Recommended Transportation Routes—Port Granby Project
For incoming construction materials, the recommended transportation route takes the Newtonville Road exit
from the 401 south to Concession Road 1; follows Concession Road 1 east to Elliott Road; and takes Elliott
Road south to the proposed new site, approximately 300 metres north of Lakeshore Road. Waste excavated
at the existing facility would be moved across Lakeshore Road in trucks on a dedicated access road to the
new facility.
2
PORT GRANBY FNewtonvil'Ile
PROJECT
Port Granby Project 401
—To Newcastle To Port Hope —�
Recommendation Concession 1
The recommendation � -°
RECOMMENDED
for the best way to c �, a SITE a
carry out the Port C �. cc Cc
Granby Long-Term ° a) — i °C E
cu > ° L.
Low-Level Radioactive -' °°, o n ° L 3
Waste Management 0 w `—' °
Cz
c z 0
Project is to excavate, z
relocate and place the *EXISTING
waste into a new state- Recommended transportation SITE
route for construction materials hone Ftd.
of-the-art aboveground fakes
mound, specifically
Dedicated icated construction road Port
engineered to safely Granby
contain and manage
the waste for more
than 500 years. The
new, engineered Six possible access route alternatives were identified and evaluated for
facility would be built transportation of construction materials on existing roads between Highway
on a neighbouring site, 401 and the new long-term waste management facility.
north of Lakeshore
Road, currently owned These evaluations were based on factors such as the number of trucks, the
by Cameco length of time the routes would be in use, potential for accidents and
Corporation. environmental effects, number of homes along each route, potential disturbance
to residents, and cost of roadway improvements including upgrades to
intersections and railway crossings.
Call 1 866-255-2755 (toll free) or 905 885-2091 for additional information.
Low-Level Radioactive Waste Management Office
Natural Resources Resources naturelles /mil: JCL EACL Canada
Atomic Energy Energie atoL
Canada Canada of Canada Limited du Canada limit9e
PORT GRANBY LI
QUA FIED CONCEPT
PROJECT
FREQUENTLY ASKED QUESTIONS
February 2004
1. What role did the community have in selecting the proposed concept?
Over the past 25 years, community volunteers and municipal representatives have had a
major role in developing concepts to stabilize and clean up the Port Granby Waste
Management Facility.
The community participated at every step of the alternative means process—from the initial
development of ideas and issues right through to commenting on the short list of alternative
means. Members of the community put forward many alternatives for consideration that were
carefully evaluated and participated in the development of the methodology used to evaluate
and rank the concepts.
Regarding this report,the community's role will be to scrutinize the results of the alternative
means process and to provide comments to the LLRWMO and to the federal authorities
responsible for the Environmental Assessment of the Port Granby Project.
2. How and when will the community have an opportunity to comment on this proposal?
Before the final preferred concept is determined,the community will have further
opportunities at three open houses in March/April 2004 to comment on the Qualified Concept
presented in this report. Interested groups are also invited to meet directly with LLRWMO
representatives to discuss the proposals during February and March 2004.
5. What role will the community have in determining what the final Project design looks like?
The public is being asked to review the information now being provided. If any errors and
omissions are identified,these will be carefully reviewed and revisions to the proposals will
be made where warranted. All community ideas for alternative means of managing the wastes
received to date have been carefully considered. Although the time for making new proposals
is over, if any truly new and compelling ideas are put forward, they will be considered and
evaluated. Detailed design and effects assessment on this concept will required a great deal of
community input and all suggestions to mitigate the impacts of the new facility will be
carefully considered.
3. What are the key advantages of Concept II over the other concepts that were evaluated?
Concept II scored best on all criteria(Health& Safety, Environment, Technical, Community
and Economic) and maintained its rank through all sensitivity analyses. It was found to be
particularly superior for the following reasons:
• No need to contend with the major concerns of shoreline and bluff erosion or
groundwater diversion requirements;
• No construction in Lake Ontario and no bluff stabilization work with the associated
potential to disrupt aquatic habitat;
• A much reduced requirement for construction materials to be transported over public
roads to the facility;
• Complete encapsulation of the waste and therefore superior environmental
performance;
1
PORT GRANBY
PROJECT QUALIFIED CONCEPT
FREQUENTLY ASKED QUESTIONS
■ Lower long term operation maintenance requirements and therefore a lower burden
on future generations;
■ Greater experience and precedents for managing waste this way;
■ Less obtrusive visually to the local landscape;
■ Easier to monitor and a lower risk of facility failure;
■ The ability to turn over the lakeshore property to alternative uses; and
■ Continuance of shoreline linkages for wildlife and human activity.
5. How will the community benefitfrom this Project?
The community will have the peace of mind that the radioactive wastes being stored at Port
Granby are managed in a state of the art facility designed for very long-term storage. In
addition, the Municipality will receive the $10 million fund provided by the Government of
Canada for the benefit of the residents of Clarington.
6. Is Concept II consistent with the Legal Agreement signed by the Municipality and the federal
government? What happened to the proposal in the 1998 Clarington Citizens Advisory
Committee Report?
The proposal made by the Clarington Port Granby LLRW Advisory Committee was known
as concept B2, which is the concept referred to in the Legal Agreement. That concept was on
the short-list as Concept IA and ranked below both other concepts in the comparative
evaluation of alternative means. Section 4.1.2 of the Legal Agreement anticipates that the
environmental assessment process may determine a better alternative means of carrying out
the project.
7. How will the wastes be moved from the existing facility to a new one farther away from the
Lake?
Waste will be moved by covered truck. Various options for crossing Lakeshore Rd. are being
considered, including a controlled intersection, a temporary underpass or bridge.
8. How will residents in the vicinity of the proposed facility and along the transportation route
be affected?
The next step of the environmental assessment is to conduct a detailed effects assessment,
which will provide a comprehensive answer to this question. The effects assessment will
identify all likely effects of project construction, operation, waste and materials
transportation and how best to avoid or minimize these effects.
9. How much agricultural land will be affected if this proposed project is built?
About ten hectares of Class 1 agricultural land will be used for the Project. The effect of the
Project on neighbouring farmland will be studied in detail in the next step of the
environmental assessment.
2
1A
1
—AM PORT GRANBY
PROJECT FREQUENTLY CONCEPT
FREQUENTLY ASKED QUESTIONS
10. What will the aboveground mound look like? How visible will it be?
The proposed aboveground engineered mound will occupy about 10 hectares(25 acres) and
gradually rise about 8 in(25 feet)to a plateau. The facility will be located in the north-central
part of an available property across from the existing Port Granby Waste Management Site,
set back 600 in from Lakeshore Road. The mound will be barely visible from most locations.
For example, a person standing on the railway bridge at Newtonville Road will see a thin
sliver of the top of the grassed mound in the far distance and is not likely to see the mound at
all if standing at the intersection of Lakeshore and Newtonville Roads or on Lakeshore Road
in front of the existing waste management site.
11. How can we be sure that this new facility will not be used to store wastes from other
communities in future?
The Legal Agreement between the federal government and the municipalities of Clarington,
former Hope Township and former Town of Port Hope that defines the Port Hope Area
Initiative clearly identifies the waste that will be handled at the new long-term waste
management facility. The new facility will be constructed to accommodate only the wastes
from the existing Port Granby facility, and will operate under a licence issued by the
Canadian Nuclear Safety Commission(CNSC)that will restrict the waste to the quantities in
place after completion of the Project.
12. How can we be sure the facility will have the resources to properly monitor and maintain the
facility hundreds of years in the future?
In consultation with the Municipality, Canada will establish a monitoring and maintenance
program with the required financial guarantees.
13. What's going to happen to the sites—existing and new—once the project is built?
The existing site will be backfilled, graded and shaped. Fences will be removed and the area
left to regenerate as a natural environment compatible with neighbouring properties. The
detailed affects assessment and engineering will determine how long monitored groundwater
collection and treatment will continue. The bluffs on the shoreline will not require
stabilization. An end use for the new facility has not been decided,but based on community
input at public workshops and preliminary investigations,the technical team recommended
the completed facility site be used for passive recreation/parkland. As the environmental
assessment progresses, discussions will continue with the public, Municipality of Clarington
and Canadian Nuclear Safety Commission,which has ultimate responsibility for licensing the
completed facility.
14. How will residents and farmers be compensated if construction of this facility results in a
decline in property value or loss offarm or business income?
A property value protection program is in place to compensate anyone, at the time of sale,
whose property is reduced in value as a result of Project construction or operation. Any
potential loss in farm income will be determined in the effects assessment stage of the EA
and, if necessary, appropriate mitigation or compensation will be recommended.
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- GRANBY
PROJECT QUALIFIED CONCEPT
FREQUENTLY ASKED QUESTIONS
15. Is anyone conducting an independent technical review of how the Qualified Concept was
selected?
The Municipality of Clarington has appointed a team of technical experts (Hardy Stevenson
and Associates)to conduct a peer review of the Qualified Concept Report. Their comments
and those of the community will be addressed by the Low-Level Radioactive Waste
Management Office in its final recommendations to the Municipalities and the Responsible
Authorities (RAs).
16. Who prepared the Qualified Concepts Report and what are their qualifications?
On behalf of the Low-Level Radioactive Waste Management Office, Golder Associates Ltd.,
an international consulting firm of scientists and engineers prepared the Port Granby
Qualified Concepts report. Golder Associates has many years experience in the field of
environmental assessment(EA). Most recently,they were the lead consultants for the
Pickering A Restart EA,the Bruce A Restart EA and the Darlington Used Fuel Dry Storage
EA.
17. Are there successful facilities similar to this concept operating at locations around the
world?How long have they been in operation?
A variety of sites in both the United States and Canada have used engineered storage mounds
as a long-term storage solution for low-level radioactive waste and marginally contaminated
soils. American facilities include:
•Weldon Spring Site, Missouri;
• Edgemont Mill Site,Fall River County, SD;
• Canonsburg Mill Site, Washington County, PA; and
•Niagara Falls Storage Site, Lewiston,NY.
Two similar projects carried out by the LLRWMO in Canada are the:
•Passmore Interim Storage Site, Scarborough, Ontario; and
•Long Term Management Facility, Fort McMurray, Alberta.
18. What happens next? When will this Project finally be completed?
• All stakeholders,particularly local residents and the Municipality and its peer review
team, are invited to scrutinize the results and provide comments.
• All comments on the recommended concept will be considered and addressed.
• The LLRWMO will ask for municipal agreement to proceed to the next stage of the
Environment Assessment, detailed engineering and an effects assessment. The effects
assessment will ensure that no significant adverse effects will result from the project.
• Licensing, construction and commissioning of the new facility will take an additional
five years.
• The Port Granby Project could be completed by 2011.
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