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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 ..w 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 .ir G.P. & A. Agenda - 3 - February 5, 2004 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT ,. I (a) ADM-001-04. - Confidential Personnel atter (To be distributed und�r separate cover) 15. UNFINISHED BUSINESS I 16. OTHER BUSINESS 17. ADJOURNMENT .. am r 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. r. 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 ■r (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. •+ rii 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. r (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 r 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 di 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. .r 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" .r � jo 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) r.. 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. .r "CARRIED" .r 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 r 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 .ir 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. Jiz 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 I 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 r 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" r 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 .r DEPUTY CLERK .r J0 (Leading the Way REPORT . PLANNING SERVICES w I I I� Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Dater Monday, February 9, 2004 Report #: PSD-017-04 File #: ZBA 2004-001 By-law#: r.. 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. ■r b � � 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 r 6 Y-) low ATTACHMENT 1 I � N74'49'40"E (SET PI) 23.96 —� i� � a� � rat O 1 J _ r SIB(DFP) P/N 26594 0126 �L T� N .rr sae v IcWRT 6 PAI�?T PART 1 W a �og 0 40R-22441 m IQ N74'49'40"E 29.21 O /'LAN 40fF 15'950 0 1.23 � < 3 I � O m V W PART 2 U a 2 _ W Z 4 r WDFF N74'49 40 E (PI a M—) 29.51 N74.49'40'E I°A IFT 1 PLAN /0/IF A)N 16594 - 01.75 nr Courtice Key Map I.WHITTAK R A CARET RU4p ZBA2004-001 U O CRES Zoning By-law Amendment U (Removal of Holding) ti p Z O W 0 W Owner: Paul Lysyk Subject Site o FUUND CR W 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 i j 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 r .r. John Mutton, Mayor Patti L. Barrie, Municipal Clerk .. I'J r This is Schedule "A" to By-law 2004 , passed this day of , 2004 A.D. 01 9 �.� :.i?.. V .: .. P I Ah' r O .a� I n Q :•.�,•:::.::: :::: •:•. :::.. •.......:: :•: •: ::: ::•: , I W V I IW o � N74v910 E PI w~1 29.5 t "n••r.at PART I , P AN IOR .ir Zoning change from "(H)R1"to"R1" John Mutton, Mayor Patti L. Barrie, Municipal Clerk LOT 33 LOT 32 �WHIMAK£R AVE C�gRET ROAD CV U all O W ° 2 CRES W W Z v O U) P i U) U W so O QO m U 3 0 Z O �GF a Subject Site AD FOUCR Courtice r � / Clat 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. r 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 '" .r 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 .w 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 .r 6 .r r 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 vim 0 z a 15.23ha (12.92ac) .2.84ha (7.02ac) W P� X01 \G� N G ROpp i I I „r I l I I ® 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 M5J 2J4 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 .r ... 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 I � r The purpose of this expropriation is to: r 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. ..r 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. .r PRELIMINARY FILINGS Prior to calling evidence, counsel for the Expropriating Authority provided the .r► 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 �I 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. t , 5 .w 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 .r 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. .r 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 r Municipality and work is expected to commence in the year 2004 hence the taking of the lands is timely. ... 61 ''i 7 NOTICE I It is to be observed that this Inquiry was origina�ly�scheduled for November 4, 2003 r 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. r rr ALL OF WHICH IS RESPECTFULLY SUBMITTED. i David R. Vine, Q.C. Inquiry Officer .rr .�r 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- wr 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: .r 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. .rr 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. .r rrr 62 2 ftw 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 A Now am .rr ATTACHMENT NOTICE OF REASONS FOR DECISION IN THE MATTER OF the Expropriations Act,R.S.O. 1990,C.E.26,as amended; .w 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. .rr 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. ar • 624 rr 2 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 w 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 I ■w 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. ..r The Council of The Corporation of the Municipality of Clarington , .ri John Mutton, Mayor r Patti L. Barrie, Municipal Clerk wr 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; r.. 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 r.. amended to expropriate the aforesaid lands, excluding from the expropriation the aforesaid easement in favour of the Hydro-Electric Power Commission of Ontario, rr 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- r 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. [; I � i 2 up BY-LAW read a first this 16th day of February. 2004. .rr 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 ar John Mutton, Mayor .r .w Patti L. Barrie, Municipal Clerk lei 1 wr r .r .w .rr u� ■r 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 w 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. i • 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. r 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. TJ 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. .r 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 I'.J 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. r.. 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! i 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 ..�.... .,. P i i [Q j 0 3 0 CD i�o a P P cn e • r _ C i z co 0 lei [ i o a m I P m O N n O D N f T [ [� P d � [ p [ i � P � X Z _ m w9i 3 Q CD m P r z m i m +— CD 0 z A ' n A 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) wr 7 rr .r 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), .r Graham Court and Orchard Heights Drive Eastbound on Graham Court (Newcastle) .rr Hillside Drive and Hillside Court Westbound on Hillside Drive (Solina) Irwin Road and Winter Road Northbound on Irwin Road (East Junction) (Orono) .w 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) .r Tanglewood Court and Darlington Street Eastbound on Tanglewood Court (Burketon) .r 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) 60 r� 7 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 rr r. rr o.. 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) .r Includes amendments: 97-79, 99-181, 04-_ r .r ,rr 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 w 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 w 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 .rr _ 7 ; i �0 co aw go ti Lands To Be c Transferred To The "' .2— of Clarington Longworth Ave. Extension Fourth St. Jack,' 17 Rd B N ILLE rMr. Concession Rd.3 ia J r n m w�S SITE oe N E o DRAWN BY:E.L. DATE:February 4,2004 REPORT EGD-06-04 TEKE MAP ATTACHMENT NO. 1 nr ATTACHMENT NO.:2 REPORT NO.: EGD-06-04 February 2,2004 THIS AGREEMENT made as of the day of February,2004. .r 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: .w 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, w 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. 7 � 2 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. ..r 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 r. 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 I I r w w it a.. r.r w. .r 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 "��� 6uwinansilk -: 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 !)rr. :.i rJ %`w P:ap tayrer F.I.;irosn 4:w^.3>rr ♦ .iltllf::5 Future Zorca Selacfior Sat+ t2.lil.FyNSrs m Y,l S;m !'IrnrFJ!'.Ihr61^T 4 rfn_ Stabons Saleclion Sots C �e �P•ro K fhM:P'6 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,,,!. A.till.,s>v,.!.ev -ri�t;ng Sr:ian: �_ • SitYOrrs FUlurO TaaC$$iICCitw SOW KCnm: i f 1..:..:_l:Ix(N.•iEF.i:A!:f6 Stations Sei=i:iior!Fielq 54 a Praposea S�tonx 8 1 Rim •arc 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 ', EaetSr:g Sn9ofs - FNlWp S:rG413 � EnM4u yr c'� - y _ Fuiu a Zorrs SetaM.�a�Sds elio^tesl. 6S FirNiyhi .S r^. $fAtfons SOIL 1 n 5r Is W no F* • ProPOSed'al.�terv: n 1 2 0 - , S� Ki robrn 's sy l .A � S ' .. '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. 3 - 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. 4