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HomeMy WebLinkAbout02/23/2009• arm. n Energizing Ontario GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: February 23, 2009 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) Minutes of a Regular Meeting of February 2, 2009 5. PRESENTATIONS (a) Mike Kopansky and Roberta Stasyszyn, Regarding Miller Compost Community Relations Committee (b) Christine Fahey, Senior Director, Port Hope Area Initiative Transition Project, Regarding an Update on the Port Granby Project (c) Sharon Meredith, Recreation Services Manager and George Acorn, Facilities Manager, Community Services Department, Regarding Report CSD-003-09 401 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) 601 (a) Alan Hirschfield, UD & D Incorporated, Regarding Report PSD-024-09 (b) Dora Sacco, Regarding Report PSD-024-09 (c) Vito Deligio, Regarding Report PSD-024-09 (d) Lynn Collins, Sernas Associates, Regarding Report PSD-025-09 7. PUBLIC MEETINGS There are no Public Meetings scheduled. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - February 23, 2009 8. PLANNING SERVICES DEPARTMENT (a) PSD-018-09 Mayor's Task Force on Attracting Higher Education Facilities to Clarington (b) PSD-019-09 Ontario Municipal Board Decision -Appeal of A2008-0033 (c) PSD-020-09 Appeal to the Ontario Municipal Board of Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision Applications Applicant: Port Darlington Land Corporation (d) PSD-021-09 Exchange of Lands with CLOCA, Bowmanville Valley Lands and Long Sault Conservation Area (e) PSD-022-09 Appeal to the Ontario Municipal Board of Official Plan Amendment and Zoning By-law Amendment Applications Applicant: Bowmanville Creek Developments Inc. (f) PSD-023-09 St. Marys Cement Application for Alternative Fuel Demonstration Project EBR Registry Number: 010-4892 (g) PSD-024-09 Applications to Amend the Clarington Official Plan and Zoning By-law by 1276467 Ontario Limited to Permit Apartment and Townhouse Uses, Remove the Neighbourhood Park, and Permit Additional Commercial Parking for Lands Fronting Durham Highway 2 (h) PSD-025-09 Application for Draft Plan of Subdivision to Permit the Development of Three Industrial Blocks Applicant: Ontario Power Generation Inc. 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-007-09 Monthly Report on Building Permit Activity for January, 2009 (b) EGD-009-09 Clarington Boulevard Extension, Plans 40R-22327, 40R-22324, and 40R-16730, Bowmanville, `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works (c) EGD-010-09 Clarnew Subdivision Phase 2, Newcastle, Plans 40M-2038 and 40R-25814, `Certificate of Acceptance' and 'Assumption By-laws', Final Works Including Roads and Other Related Works 801 812 814 824 831 841 853 887 901 907 912 _ G.P. & A. Agenda - 3 - February 23, 2009 10. OPERATIONS DEPARTMENT (a) OPD-002-09 2008 Winter Report (b) OPD-003-09 Household Hazardous Waste and E-Waste 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-003-09 Pumper Donation to Ontario Power Generation (b) ESD-004-09 Monthly Response Report -January 2009 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-003-09 Community Services - 2008 Year End Review 13. MUNICIPAL CLERK'S DEPARTMENT No Reports 14. CORPORATE SER' (a) COD-012-09 (b) COD-013-09 (c) COD-015-09 VICES DEPARTMENT RFP2008-21, Door to Door Selling of Animal Licenses Public Sector Salary Disclosure Act Garnet B. Rickard Recreation Complex Lease Space - Community Care Durham (d) COD-016-09 Request for Proposal RFP2008-10 -Supply of Concession Items (e) COD-017-09 Supply of Dry O Tron Unit for Courtice Community Complex (f) COD-018-09 RFP2008-18 Outsourcing of Municipal Tax Bills (g) COD-019-09 RFP2008-11 -Official Plan Review -Consulting Services Growth Management and Intensification Sustainable and Healthy Communities 15. FINANCE DEPARTMENT No Reports 16. CHIEF ADMINISTRATIVE OFFICE 1001 1011 1101 1103 1201 1401 1405 1408 1419 1423 1426 1430 No Reports G.P. & A. Agenda - 4 - February 23, 2009 17. UNFINISHED BUSINESS (a) Addendum to COD-005-09, Community Video Showcase Program 1701 18. OTHER BUSINESS 19. COMMUNICATIONS (a) Memo from the Deputy Clerk, Regarding an Appointment to the 1901 Clarington Traffic Management Advisory Committee 20. ADJOURNMENT Clarington !.ending the Way General Purpose and Administration Committee Minutes February 2, 2009 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, February 2, 2009 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor G. Robinson Councillor C. Trim Councillor W. Woo Absent Were: Councillor M. Novak Also Present: Chief Administrative Officer, F. Wu Deputy Fire Chief, Emergency Services, M. Berney Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Parks Supervisor, Operations, B. Genosko _ Director of Corporate Services, M. Marano Manager of Subdivision Implementation, Planning Services, L. Taylor Director of Finance Department, N. Taylor Deputy Clerk, A. Greentree Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Hooper announced the following events he attended: • Grand Opening of new business in Bowmanville, Sunny Side Up, located at 39 Martin Road, Bowmanville 407 Information Session held at the Rickard Recreation Complex Economic Development session hosted by Clarington Board of Trade 401 General Purpose and Administration Committee Minutes February 2, 2009 Councillor Hooper informed the Committee that Matt Morrison, a resident of Burketon, won bronze in the Snowboarding World Cup event held on January 20th in South Korea and was aired on CTV Saturday, January 31, 2009. He also encouraged all members to attend the Zero Waste Strategy information session scheduled for February 11, 2009, starting at 7:00 p.m. to 9:30 p.m. at the CAW Hall, 141 Hunt Street, Ajax. Councillor Woo informed the Committee the Association of Hospital Volunteers will be hosting a fundraiser and Silent Auction on Saturday, February 7, 2009 at Trinty United Church and the theme is a Taste of Italy. The cost for a ticket is $25.00 and all proceeds raised will go towards the expansion of the Lakeridge Health Bowmanville emergency room. He advised the Committee that Lakeridge Health has their Membership Campaign in the forefront again and asks that all residents consider joining for a fee of $10.00. Mayor Abernethy advised the Committee of the upcoming events: • Saturday, February 7, 2009, the Hope Fellowship Church located at 1685 Bloor Street, Courtice will have their grand opening. The ribbon cutting ceremony will be held at 3:00 p.m with various events scheduled throughout the day. • Saturday, February 7, 2009, Bowmanville High School will be hosting the Polar Classic Chilli Golf Fundraiser with the proceeds going to the Clarington Project. The goal this year is $20,000.00. Registration is $30.00 per golfer and there is still corporate sponsorships available. MINUTES Resolution #GPA-107-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the special meeting of the General Purpose and Administration Committee held on January 16, 2009, be approved; and THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on January 19, 2009, be approved. CARRIED PRESENTATIONS Perry Sisson spoke to the Committee regarding the Bowmanville/Westside Marshes Conservation Management Plan. Mr. Sisson informed the Committee the land was received from St Marys Cement Inc. The Management Plan is a five year plan and they are now in their second year. It's purpose is to educate the public regarding the lands, to use the lands for recreation, and to protect the wetlands. They have received grants from Ducks Unlimited and the Ontario Ministry of Natural Resources, and this funding will be used to provide basic infrastructure. Mr. Sisson provided an overview of their activities to date and work yet to be completed There has been new fencing put in -2- 402 General Purpose and Administration Committee Minutes February 2, 2009 place as well as interpretation signs. What was a crop field has been turned into a meadow area and thousands of trees have been planted. Anew buffer has been installed to buffer the existing homes from the trail system and a new parking lot and kiosk have been built. They have used community events to help achieve some of their goals such as removal of the platform, and implementing turtle nesting habitats. Their efforts have had a positive wildlife response. There have been a few new speices to the area including Bass, Monarch Butterfiles as well as Osprey for which platforms have been installed and are working well. Mr. Sisson stated there are still issues that need to be addressed such as habitat restoration, wetland monitoring, and invasive species control and removal. He advised the Committee there is need to monitor the public use of the marshes as they have concerns over illegal parking, illegal entry from Cove Road to the area, as well as angler trails being used. He informed the Committee of the promotions planned for 2009 which include a Waterfront Trail event and the installation of a picnic site. Mr. Sisson thanked the public for all their support. DELEGATIONS Vic Suppan, Chair, Clarington Heritage Committee (CHC), addressed the Committee regarding Report PSD-016-09. Mr. Suppan stated the Clarington Heritage Committee passed two motions at their last meeting regarding the property at 2020 Lambs Road, which is the subject property addressed in Report PSD-016-09. The CHC would like to see the Municipality fully utilize the Municipal Registry of properties of cultural heritage value or interest and have this property added to it, as it has cultural heritage and should be protected. He believes having the property included in the Registry will avoid any further confrontation with future property owners. Mr. Suppan informed the Committee that two recommendations were submitted by the Committee. He would like to allow citizens the opportunity to comment on the property in question. The Committee had a tour of the property and he noted that there are eighteen buildings on the land and the CHC would welcome the opportunity to discuss with the owner as to which buildings should be designated and how best to preserve the buildings. He emphasized this site is the only intact World War II camp site in Canada and preserving it must be a co-operative effort. Kelvin Whalen, Kaitlin Group cancelled his delegation prior to the meeting due to another commitment. Richard Ward addressed the Committee regarding property taxes and zoning issues. Mr. Ward requested clarification on the Municipality's denial of a zoning re-designation he requested in 1996. He stated concerns over the surcharge of taxes for garbage pick up; a service which he did not receive for a period of time. He requested a copy of the police reports regarding alleged criminal complaints filed against him and would like to know why he was denied the opportunity to run in the 2000 Municipal Elections. He expressed concerns over the A-1 zoning which his property is currently zoned and the extension of the Oak Ridges Moraine boundaries which now includes his property. -3- 403 General Purpose and Administration Committee Minutes February 2, 2009 Mr. Ward stated these issues make it very painful for him to endure everyday. Mr. Ward confirmed he has not and would not submit a written request for designation of zoning during this current on-going Official Plan Review. PUBLIC MEETING (a) Subject: General Amendment to Zoning By-law 84-63 Regarding Aggregate Extraction Areas, Requirements for Garage Widths, and Schedule Boundaries Applicant: Municipality of Clarington Report: PSD-012-09 Tracey Webster, Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-012-09. No one spoke in opposition to or support of Report PSD-012-09. (b) Subject: Application to Amend the Zoning By-law and Modify Draft Approved Plan of Subdivison Applicant: Baysong Developments Inc. Report: PSD-013-09 Carlo Pellarin, Manager Development Review, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-013-09. No one spoke in opposition to or support of Report PSD-013-09. Wayne Hancock, Project Manager, and Omar Lababidi, Manager of Planning, Baysong Developments Inc. were present to address any questions or concerns raised at today's Public Meeting. Mr. Hancock informed the Committee there are issues surrounding the size of the storm water management pond and he is confident these issues can be resolved before the end of the week, to the satisfaction of both parties. The issue regarding the rainwater runoff can be addressed through a suggestions brought forward to the builders such as using different types of downspouts. Mr. Hancock is confident the pond's current size is adequate to hold the water runoff from the additional units. He stated their intention is to have services to this development as soon as possible and they have three builders anxious to move ahead. He requested the by-law be passed by Council so that Phase 1 can be registered by June 2009. Mr. Hancock requested Council consider this matter at the February 9, 2009 Council Meeting, provided that the applicant and staff are able to reach an agreement on the outstanding issues. Mr. Hancock believes this to be achievable. -4- 404 General Purpose and Administration Committee Minutes February 2, 2009 PLANNING SERVICES DEPARTMENT GENERAL AMENDMENT TO ZONING BY-LAW 84-63 REGARDING AGGREGATE EXTRACTION AREAS, REQUIREMENTS FOR GARAGE WIDTHS AND SCHEDULE BOUNDARIES Resolution #GPA-108-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-012-09 be received; THAT the proposed changes to By-law 84-63 continue to be reviewed to address outstanding issues; and THAT all interested parties listed in Report PSD-012-09, and any delegations be advised of Council's decision. CARRIED ZONING BY-LAW AMENDMENT AND MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION APPLICANT: BAYSONG DEVELOPMENTS INC. Resolution #GPA-109-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-013-09 be received; THAT the application for Zoning By-law Amendment (ZBA 2008-0022) and proposed modification to Draft Approved Plan of Subdivision (S-C 2007-0004) submitted by Baysong Developments Inc. continue to be reviewed to address outstanding issues and consideration of comments received at the Public Meeting; and THAT all interested parties listed in Report PSD-013-09, and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JANUARY 15, 2009 Resolution #GPA-110-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-014-09 be received; and -5- 405 General Purpose and Administration Committee Minutes February 2, 2009 THAT Council concurs with the decisions of the Committee of Adjustment made on January 15, 2009, for application A2008-0035 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED ANNUAL REPORT ON SITE PLAN ACTIVITIES FOR 2008 Resolution #GPA-111-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report PSD-015-09 be received for information. CARRIED FORMER BOYS TRAINING SCHOOL AND PRISONER OF WAR CAMP 2020 LAMBS ROAD, BOWMANVILLE Resolution #GPA-112-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-016-09 be received; THAT the property identified as 2020 Lambs Road, Bowmanville, be added to the Municipal Register of properties of cultural heritage value or interest; THAT staff report back to Council when a demolition application is received and/or alternative options for heritage protection have been explored; and THAT all interested parties listed in Report PSD-016-09, and any delegation be advised of Council's direction. CARRIED ONTARIO MUNICIPAL BOARD DECISION -APPEAL OF A2008-0023 Resolution #GPA-113-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report PSD-017-09 be received for information. CARRIED -6- 406 General Purpose and Administration Committee Minutes February 2, 2009 ENGINEERING SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT ANIMAL SERVICES QUARTERLY REPORT -OCTOBER -DECEMBER, 2008 Resolution #GPA-114-09 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report CLD-002-09 be received for information; and THAT a copy of Report CLD-002-09 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED 2008 YEAR END PARKING REPORT Resolution #GPA-115-09 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report CLD-003-09 be received; and THAT a copy of Report CLD-003-09 be forwarded to the Bowmanville Business Centre for their information. CARRIED -7- 407 General Purpose and Administration Committee Minutes February 2, 2009 4380 COURTICE ROAD Resolution #GPA-116-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-004-09 be received; THAT a one month extension be granted to Hong Li Zhang for her garden suite at 4380 Courtice Road to be vacated; and THAT Hong Li Zhang and Dave Wallace be advised of Council's decision. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT JOHN HOWARD SOCIETY -LEASE EXTENSION AND COMMUNITY LIVING OSHAWA / CLARINGTON -LEASE EXTENSION 132 CHURCH STREET, BOWMANVILLE Resolution #GPA-117-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report COD-008-09 be received; THAT the Lease Extension from the John Howard Society for the leased space at 132 Church Street, Bowmanville, in the amount of $13,072.92 per year for the term of January 1, 2009 to December 31, 2009 be approved; THAT the Lease Extension from the Community Living Oshawa /Clarington for the leased space at 132 Church Street, Bowmanville, in the amount of $13,072.92 per year for the term of January 1, 2009 to December 31, 2009 be approved; and THAT the By-laws marked Schedule "A" and "B" attached to Report COD-008-09, authorizing the Mayor and the Clerk to execute the lease agreements with the John Howard Society and Community Living Oshawa/Clarington be forwarded to Council for approval. CARRIED -8- 408 General Purpose and Administration Committee Minutes February 2, 2009 CO-OPERATIVE TENDER C2008-114, ASPHALT REGISTRY HOT MIX ASPHALT, COLD MIX ASPHALT AND HIGH PERFORMANCE COLD MIX ASPHALT Resolution #GPA-118-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-009-09 be received; THAT Miller Paving Limited, with a total bid price of $9,600.00 (excluding G.S.T.), being the lowest responsible bidder for delivery of hot mix, meeting all terms, conditions and specifications of Tender C2008-114, be awarded the Asphalt Hot Mix Registry for the Municipality of Clarington's requirements; THAT Larfarge Paving & Construction Limited, with a total bid price of $15,260.00 (excluding G.S.T.), being the lowest responsible bidder for delivery of cold mix, meeting all terms, conditions and specifications of Tender C2008-114, be awarded the Asphalt Cold Mix Registry for the Municipality of Clarington's requirements; THAT Innovative Surface Solutions, with a total bid price of $96,030.00 (excluding G.S.T.), being the lowest responsible bidder for delivery of high performance cold mix, meeting all terms, conditions and specifications of Tender C2008-114, be awarded the Asphalt High Performance Cold Mix Registry for the Municipality of Clarington's requirements; THAT the funds expended for hot mix and cold mix be drawn from the Department of Operations, 2009 Current Budget various operating accounts; and THAT the funds expended for high performance cold mix be drawn from the Department of Operations, 2009 Current Budget Pavement Patch account 100-36-381-10255-7112. CARRIED EMPLOYEE ASSISTANCE PROGRAM Resolution #GPA-119-09 Moved by Councillor Woo, seconded by Councillor Foster THAT Report COD-010-09 be received; THAT the Manager of Purchasing be authorized to enter into negotiations with the Regional Municipality of Durham, Family Services for the provision of an Employee Assistance Program for a three year term with an option to extend the agreement for additional terms provided the level of service is satisfactory and the service costs are acceptable; -9- 409 General Purpose and Administration Committee Minutes February 2, 2009 That the Director of Corporate Services be authorized to sign any related operating agreement that may be required for the services and any extensions; and THAT, should negotiations fail to result in an acceptable agreement, the Manager of Purchasing undertake a Request for Proposal process to secure the required services. CARRIED RFP2008-8 SUPPLY AND INSTALLATION OF STORAGE SHELVING Resolution #GPA-120-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report COD-011-09 be received; THAT the proposal received from Tab Products of Canada, Willowdale, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2008-8 be awarded the contract for the supply and installation of Storage Shelving with a bid amount of $113,167.07 (excluding GST); and That the funds required in the amount of $113,167.07 (excluding GST) be drawn from Clerks Department 2009 Capital Account # 110-19-130-81920-7401 for the Records Retention Centre. CARRIED FINANCE DEPARTMENT LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Resolution #GPA-121-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report FND-003-09 be received; and THAT the list attached to Report FND-003-09 of applications for cancellation, reduction, apportionments or refund of taxes be approved. CARRIED CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. -10- 410 General Purpose and Administration Committee Minutes February 2, 2009 UNFINISHED BUSINESS PRESENTATION -PERRY SISSON -REGARDING BOWMANVILLE/WESTSIDE MARSHES CONSERVATION MANAGEMENT PLAN Resolution #GPA-122-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the presentation of Mr. Perry Sisson regarding the Bowmanville/Westside Marshes Conservation Management Plan be received with thanks. CARRIED DELEGATION -RICHARD WARD -REGARDING PROPERTY TAXES AND ZONING ISSUES Resolution #GPA-123-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Council's disposition on the issues expressed by Mr. Richard Ward in his delegation be, as were stated by the Mayor to Mr. Ward during the meeting, as follows: • Garbage pick-up is a service paid by all residents and concerns regarding garbage pick-up charges should be directed to the Region of Durham; • Should Mr. Ward wish to re-designate or re-zone his property, he is encouraged to make application in writing to the Planning Services Department; • Regarding the expansion of the Oak Ridges Moraine boundaries to include his property, Mr. Ward is encouraged to contact John O'Toole, MPP for Durham Region as the Oak Ridges Moraine has provincial jurisdiction; • For access to copies of the police reports regarding alleged criminal complaints filed against Mr. Ward, he is encouraged to contact the Durham Region Police Services; • With respect to Mr. Ward's ineligibility to run in the 2000 Municipal Elections, he is encouraged to contact the Ontario Courts for a copy of the decision; THAT the Mayor, on behalf of Council, advise Mr. Ward of Council's decision. CARRIED -11 - 411 General Purpose and Administration Committee Minutes February 2, 2009 OTHER BUSINESS FEDERAL BUDGET MEASURES -LIST OF SUGGESTED SHOVEL-READY PROJECTS Resolution #GPA-124-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT staff be directed to prepare a list of shovel-ready projects; and THAT staff report back to Council on Monday, February 9, 2009 in preparation for Federal funding opportunities. CARRIED COMMUNICATIONS CORRESPONDENCE -KELVIN WHALEN -REGARDING REPORT PSD-016-09 Resolution #GPA-125-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the correspondence from Kelvin Whalen be received. CARRIED ADJOURNMENT Resolution #GPA-126-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the meeting adjourn at 11:50 a.m. CARRIED MAYOR DEPUTY CLERK -12- 412 DRAFT LIST OF DELEGATIONS GPA Meeting: February 23, 2009 (a) Alan Hirschfield, UD & D Incorporated, Regarding Report PSD-024-09 (b) Dora Sacco, Regarding Report PSD-024-09 (c) Vito Deligio, Regarding Report PSD-024-09 (d) Lynn Collins, Sernas Associates, Regarding Report PSD-025-09 601 e~~~„g ~g tiyay REP R T O PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday February 23, 2009 Report #: PSD-018-09 File #: DIR 8.9 By-law #: Subject: MAYOR'S TASK FORCE ON ATTRACTING HIGHER EDUCATION FACILITES TO CLARINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-018-09 be received; 2. THAT a Mayor's Task Force on Attracting Higher Education Facilities to Clarington be established in accordance with the Terms of Reference contained in Attachment #1; and 3. THAT the Clarington Board of Trade be thanked for their suggestion to undertake this initiative. c ~~~~ Submitted by: Reviewed by. i' a J. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer DC/sn February 12, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 801 REPORT NO.: PSD-018-09 Paae 2 1. On January 26, 2009, Council referred to the Director of Planning Services correspondence from the Clarington Board of Trade suggesting that a committee be established to explore opportunities to attract a satellite campus of a higher education facility with specific reference to the. University of Ontario Institute of Technology (UOIT) and Durham College. I was to report back on the mandate, terms of reference and committee structure. 2. Over the coming years, there will be significant requirements for skilled trades and knowledge-based workers not only to support the major projects such as Nuclear New Build but also to support adjustments to a knowledge-based economy. The Martin Prosperity Institute, associated with the Rotman School of Business, recently completed a report at the request of the Premier called Ontario in the Creative Age. Authors Roger Martin and Richard Florida identify an agenda for Ontario which has four main elements: • Harnessing the creative potential; • Broadening our talent base; • Establishing new social safety nets; and • Building aprovince-wide geographic advantage. They note that Ontario needs to raise its talent attainment with an increased percentage of our work force that has post secondary education. The executive summary is attached for Committee's information. (Attachment 1). 3. At the present time, UOIT and Durham College are undertaking a Campus Master Planning Process. The combined institutions have an enrolment of approximately 10,600 full time equivalent students. They are planning for expansion in two phases to approximately 13,000 and then to just under 15,000. At the present time, there is a need for 76,000 square metres of additional floor space. With the future proposed additions to enrolment, there is a need for a total of 191,000 square metres of new floor space. Of particular note, is the significant expansion of the graduate student program, which requires laboratory space. The current plans are to accommodate additional space requirements primarily on the Oshawa campus but also a minor expansion to the Whitby campus. (Attachment 2). 4. I understand that there may be an opportunity for a satellite campus of other institutions, most notably Trent University. The mandate of the Task Force is proposed to look at the potential of any higher learning institution locating in the Municipality of Clarington. 5. In looking how to best proceed with Council's objective, it is proposed that a Mayor's Task Force be established. A Task Force has atime-limited mandate. This task requires selecting a cohesive group of highly influential individuals that can achieve its mandate in a short period. It would likely be best to recruit individuals rather than having people apply in response to an advertisement. Some matters that the Task Force would deal with would be confidential. In these respects, it is somewhat different than a usual advisory committee and should not be bound by the procedures for Council advisory committees. 802 REPORT NO.: PSD-018-09 Page 3 6. It is recommended that the membership of the Task Force be relatively small since there is no need for community outreach or representation from a wide cross-section of the community. A Mayor's Task Force would be selected by the Mayor with the input from members of Council and the Clarington Board of Trade. 7. The Task Force would be required to investigate future training needs in Clarington, discuss potential opportunities with the senior executives and consider potential strategies to attract a higher education facility in Clarington. The Task Force should report back to Council at a 6 month and 1 year interval. 8. It is recommended that a Mayor's Task Force be established in accordance with the Terms of Reference appended in Attachment 3. Attachments: Attachment 1 -Ontario in the Creative Age -Report Summary Attachment 2 -Durham College/UOIT Student Enrolment and Space Needs Attachment 3 -Terms of Reference for the Mayor's Task Force Interested parties to be notified of Council's decision: Michael Patrick, President, Clarington Board of Trade 803 ATTACHMENT 1 TO REPORT PSD-018-09 Ontario in the Creative Age February 5, 2009 Report Summary: Ontario's Opportunities in the Creative Age Ontario is in the midst of a global economic transformation. While this transformation to a knowledge- or idea-driven creative economy has been underway for more than three decades, the current financial and economic maelstrom has accentuated its importance. The combination of this transformation and the current economic uncertainty is leading to struggles and difficulties for many Ontarians. But it also opens great opportunities for our province. In crises like these, nations, regions, provinces, and states can rapidly change ground; they can improve or lose position, depending on the actions they take. Now is the time for Ontarians to take bold actions to ensure our future prosperity. As in all times of economic crisis, there is considerable pressure on governments to protect the past and to undertake bailouts - to preserve what we have during this time of uncertainty. But this protective approach can only forestall the inevitable. There is a better way. That way is to invest in our people, our businesses, our institutions, and our infrastructure. Productive and future-oriented investment will generate prosperity for the long term. 'There is no greater resource than the creativity, innovativeness, and productive talents of our people. Our goal must be to harness and use our full creative talents, to grow the businesses and industries of the future, to use our openness, tolerance, and diversity to gain economic advantage, and to invest in the infrastructure of the future in ways that enable more innovation and economic growth. Ontario can and must take ahigh-road strategy for economic prosperity in which all Ontarians can participate. We owe it to ourselves and future generations to build a vibrant economy for the creative age. 804 The current economic transformation is as big and as challenging as the transformation from agriculture to industry. Our economy is shifting away from jobs based largely on physical skills or repetitive tasks to ones that require analytical skills and judgment. This shift is also evident in the long-term trend away from employment in goods-producing to service industries, from occupations that depended on physical work to produce goods to ones that provide service and rely on creativity. The change is inexorable. We cannot turn away from it; nor can we slow it. The clock of history is always ticking. Competitive advantage and prosperity will go to those jurisdictions that can best prepare themselves and adapt to this long-run trend. We must embrace it and act in ways that create a distinctive advantage for the province and ensure our long-term prosperity. In doing so, we must recognize that our current economic transformation -like others before it - not only generates considerable future opportunity, but also considerable inequality. Certain industries have expanded and certain occupations have seen their wages grow considerably, while others have languished, stagnated, or declined. Greater returns have gone to innovative industries, to more highly educated people, to those in creative occupations, and to urban areas. Our world is becoming increasingly spiky, with peaks that help to drive economic growth and valleys that are languishing. Our aim is not to lop off the peaks, but to raise the valleys. Our forebears did that in the industrial age by ensuring that manufacturing work was productive, well-paid, safe, and secure and by developing an infrastructure that helped grow industries and brought everything from better transportation to better housing. We can do it again in this economic transformation, by developing a distinctive advantage in highly innovative creative industries, by bolstering the productivity of our competitive manufacturing industries, by transforming and improving productivity and wages in our growing service industries, by establishing a new social safety net system, and by developing atwenty-first century infrastructure that strengthens our urban centres and mega-regions while connecting older industrial centres and rural areas -giving us the scale and speed to compete globally. Such a holistic approach to achieving sustainable prosperity shared broadly by Ontarians will mean higher wages, lower unemployment, greater resilience from economic shocks, and increased global leadership. It will enable Ontario to lead the current economic transformation and become a model for how jurisdictions can compete, thrive, and prosper in these times. This must be more than a government effort. While governments can spearhead and mentor change, the transformation we are living through will require the collective action of all Ontarians. Indeed, the prosperity of a jurisdiction is the result of collective choices made by all of its economic actors over time. For governments, this means making the right investments - ones that provide general and specialized support for the foundation of creativity and innovation. Businesses need to develop and invest in strategies that build on a jurisdiction's advantages and to invest in strengthening those advantages through training, capita] investments, and other strategic initiatives. Businesses should. make these choices for their own benefit, not in response to government directives. For individuals, it means investing in their own capabilities and skills. It also means investing their time and money in local businesses and in local arts, cultural, and charitable organizations. 805 Ontario has tremendous advantages to build on. We have a prosperous, socially cohesive society with globally competitive businesses and skilled workers. But we can do better -and we must. The evidence shows we rank well behind a set of peer regions in North America and slightly behind the best global peers in economic output per person -perhaps the single best measure of our overall economic prosperity. And in recent decades, we have seen our advantage erode from near parity with these global leaders. Ontario is relatively prosperous; but our assessment is that we have settled for a level of prosperity that sells our province short. While it is not comforting to admit, we have in fact lost ground against the very best economies over the past twenty years - a period which has seen all three political parties in government. Although we house many world class industries, not enough of our businesses and industries compete on the basis of the unique and superior goods and services that are required to ensure lasting global competitiveness. And our economy does not place the same kind of premium on the core creative skills that drive economic growth as do our peers. As a result, our citizens' creative skills are less developed than those of the world's leading jurisdictions. This creates aself-reinforcing downward cycle. When businesses fail to compete on unique, world-beating strategies, they lack the resources to invest in and reward the best creative skills in their workers. Workers in turn fail to develop their creative capabilities to the highest level through advanced education and training. The end result is lower levels of technological innovation and lagging competitiveness globally. All of this dampens our prosperity and hamstrings us in global competition. This cycle follows through in our public spending patterns, where governments under invest in post secondary education and make it unduly costly through tax policies for businesses to invest in machinery, equipment, and technology. The resulting danger is that the policy focus would shift toward hanging on to what has worked in the past and avoiding the new realities -thereby missing out on the new opportunities. We can do better. We must seize the opportunity to retune the Ontario economy to higher and better performance levels. We need to aspire to remake Ontario so it will thrive in the emerging creative economy and be truly exemplary in global terms. To achieve this advantage for shared prosperity, we recommend four sets of actions for Ontario over the coming two decades. Harness the creative potential of Ontarians Ontario operates in the creative age from a position of strength. We have a solid base of important creative skills and industries that compete on the basis of their distinctiveness. Yet we are not realizing the full creative potential of our people and industries. Ontario needs to deepen our skills, with a focus on analytical and social intelligence skills. We need to challenge our workers and our businesses to compete more on the basis of creativity and distinctiveness. We need to draw in the immense capabilities of our immigrants to our province's future success. 806 Broaden our talent base Ontario needs to raise its talent attainment -the percentage of our work force that has post secondary education. We must aspire to be the education province - known readily throughout the world as the jurisdiction with a highly educated population and world renowned centres of learning and research. Establish new social safety nets The rise of the creative age is a double-edged sword. It generates tremendous wealth creation opportunities for some. Yet it can leave many behind, especially those in jobs that are disproportionately routinized, and those who do not have the skills and opportunities to participate fully in the creative economy. Ontario is a diverse and open place. It out performs its peers on measures of diversity and tolerance, but this advantage is not translating into economic success. We need to design a social safety net system for the creative age -one that partners with those who have the determination to participate fully in the creative economy. Not to do so is a terrible waste of human potential. Build province-wide geographic advantage Ontario is a big province that built its prosperity on many inherent geographical advantages. We have rich natural resource areas and a thriving economic corridor. We have prosperous cities, and the non-metro parts of Ontario are more prosperous than their counterparts elsewhere. Our future advantage in the creative age will be based on facilitating and encouraging the geographic clustering and concentration of industries and skills. The increasing spikiness of economic development puts a premium on density within our urban centres and on the velocity of connections across amega-region and with outlying areas. Ontario's challenge is to build the infrastructure that gains us the scale and the connectivity to ensure all regions of the province can achieve prosperity. Ontarians have built a prosperous economy and achieved a high level of social cohesion and diversity. These strengths create the possibility for emerging stronger from the current downturn and accelerating the longer term economic transformation. This will require us to build a creative economy that is more technologically advanced, inclusive, and sustainable. We are excited about the challenges facing us all. and we see this report as a first step in an ongoing dialogue and process for achieving this distinctive advantage for Ontario. 807 ATTACHMENT 2 TO REPORT PSD-018-09 University of Ontario Institute of Technology and Durham College Projected Student Enrollment and Space Requirements Durham College Current - 5,683 Phase 1 - 6,535 Phase 2 - 7,387 UOIT -Undergraduate Current - 4,879 Phase 1 - 5,460 Phase 2 - 6,300 UOIT -Graduate Current - 77 Phase 1 - 1,040 (16% of UOIT enrollment) Phase 2 - 1,500 (20% of UOIT enrollment) Tota I Current Enrollment - 10,638 Phase 1 - 13,034 Phase 2 - 14,887 200,1)00 0 1Sfl,000 Z 1 fl0,000 ". _ Durham College 5©,0{70 ~ Integrated Services ~~ UOIT 0 s Existing Space Current I'lZOSe i Phase 2 808 ATTACHMENT 3 TO REPORT PSD-018-09 Proposed Terms of Reference: Mayor's Task Force on Attracting Higher Education Facilities to Clarington Mandate: To assist Council in attracting higher education facilities to the Municipality of Clarington with particular attention to supporting the Energy and Science Park initiatives. The potential candidate institutions are Durham College, the University of Ontario Institute of Technology (UOIT), and Trent University; however there may be other institutions that are either considering a satellite campus or have programs related to Clarington's emerging training needs. The work of the Task Force will also seek to support Clarington's objective to be recognized as a Provincially Significant Employment Area. The Task Force will be cognizant of recommendations to the Province to make Ontario a leader in the Creative Age. Task Force Membership; The Mayor's Task Force will be comprised of up to six (6) community members selected by the Mayor with input from members of Council and the Clarington Board of Trade. The community members will be sufficiently knowledgeable about the mission and strategic objectives of higher education facilities, the training needs for existing and anticipated businesses in Clarington, the changing Ontario economy and work being done by groups such as the Institute for Competitiveness and Prosperity or the Martin Prosperity Institute. Task Force members should be influential inside and outside of the community. The composition of the Task Force should represent a variety of interests. The Mayor will be an ex-officio member of the Task Force. The Director of Planning Services is the municipal staff liaison for the Task Force. Process: The Task Force will look at the various options of attracting a satellite campus of a higher education facility. 10 809 The Task Force will: • review the needs and requirements identified by the Durham College/ UOIT Campus Planning Study and any similar studies or strategic plans available from Trent University, etc.; • undertake appropriate consultation with key stakeholders in Clarington regarding their labour force and training needs, particularly Ontario Power Generation, with a view towards identifying which education opportunities could best be served from a satellite facility; • review with executive members of the institutions their current plans and the potential opportunities to meet their mission with satellite facilities or private/institutional partnerships; • identify opportunities within Clarington for satellite facilities and/or training space in conjunction with business; • advise the Mayor and Council on strategic actions that should be considered; • prepare an interim report to the Municipality within 6 months on their findings that could be the basis for discussions with the higher education institutions; • undertake additional actions as determined by Council to influence the investment decisions for higher education facilities and services; and • deliver a final report within one year. It is understood that in order to meet its mandate the Task Force will need to be flexible and adjust to changing circumstances. Meetings: The Task Force will meet at a convenient location and time for the members. Roles: The Chair The Chair of the Task Force will be selected by the Mayor and will: • facilitate the meetings; • be responsible to ensure that the task force meets its mandate; • be responsible to author any report of the task force with the assistance of other Task Force members; • be responsible for arranging and leading key meetings with the institutions and senior levels of government; and • report to Council as appropriate and determined by the Task Force. 11 81 0 Members All Members of the Task Force will: • report any conflict of interest issues prior to decision making; • operate in a consensus mode, allowing members to discuss their respective views and opinions and to listen to others; • will review all documents, agendas and minutes presented to them to make informed decisions; • not release or use any confidential information obtained through discussions or other information provided to the Task Force; • participate in the writing of any report or other tasks as determined through the meetings; and • uphold the mandate of the Task Force. Municipal Staff Liaison The staff liaison will assist with any research and municipal planning information that would be helpful to the Task Force. Mayor's Office The Mayor's Office will be responsible for all administrative arrangements and meeting minutes. 12 X11 L~ad~ng ~h. w y ~~'~~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2009 Report #: PSD-019-09 File #: A2008-0033 By-law #: Subject: ONTARIO MUNICIPAL BOARD DECISION -APPEAL OF A2008-0033 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-019-09 be received for information. Submitted by: David rome, MCIP, RPP Director of Planning Services MK/CP/sh/df 6 February 2009 -~ ~~.J ~ Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 812 REPORT NO.: PSD-019-09 PAGE 2 1.0 An Ontario Municipal Board hearing was held on February 3, 2009 for an appeal made by the Municipality of Clarington with respect to a decision of the Committee of Adjustment for minor variance application A2008-0033. The applicant requested several variances to the by-law to allow for her existing structures (pool, pool deck, two sheds, gazebo and fireplace) to remain in their current locations. The Committee's decision on November 13, 2008, permitted an accessory structure with a 0.3 metre interior side yard and rear yard setback. Staff did not support the Committee's decision and requested Council appeal the decision. Council concurred. 2.0 This application was originally submitted prior to the general amendment to the Zoning By-law being approved. The amendment reduced the required setback for accessory structures to 0.6 metres for both the interior side yard .and rear yard setbacks. Although the application was considered by the Committee after Council's approval of the zoning by-law amendment, it had not yet come into full force and effect. 3.0 Prior to the hearing, a meeting was held between Staff and the applicant regarding the appeal. At that time, the applicant was unwilling to discuss or negotiate a settlement with the Municipality. 4.0 On the day of the hearing, Staff were prepared to provide evidence to the Board supporting the appeal made by the Municipality and to demonstrate that a 0.3 metre interior side yard and rear yard setback for an accessory structure was not appropriate as it would provide insufficient space for proper maintenance of structures and proper drainage on the .property. At the hearing, the applicant made it clear to the Board member that they had not prepared any evidence to support their application and that they were willing to move the existing accessory structures on the property to a location that met the current zoning provisions relating to accessory buildings and structures. 5.0 The Ontario Municipal Board member made a verbal decision to allow the appeal made by the Municipality and made note that the Municipality would provide the applicant with a deadline for the relocation of structures in their yard. Staff are prepared to provide up to 8 months from the date of decision to relocate the structures. A letter has been forwarded to the land owner confirming this. 6.0 This report has been prepared for the information of Council 813 ~~~~ r e~;ng rye way R E P O R T PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2009 Report #: PSD-020-09 File #: COPA2002-006 By-law #: S-C-2002-002, ZBA 2002-002 Subject: APPEAL TO THE ONTARIO MUNICIPAL BOARD OF OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION APPLICATIONS APPLICANT: PORT DARLINGTON LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-020-09 be received for information; and 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Da id . Crome, MCIP, RPP Director of Planning Services SA/CP/df 12 February 2009 Reviewed by: ~ `~ " - `~ ~-- ~`~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 814 REPORT NO.: PSD-020-09 PAGE 2 1.0 BACKGROUND 1.1 In February 2002, Sernas Associates, on behalf of Sylvan Estates Inc. and Bennett Developments Inc., submitted applications for a proposed draft plan of subdivision and an amendment to the Zoning By-law fora 40.405 ha parcel located generally between Bennett Road and Port Darlington Road, south of the CN Railway. An amendment to the Clarington Official Plan was submitted in June 2002. The Port Darlington Land Corporation took over the application in 2005 as the new owners of the property. The application was to permit the development of 699 dwelling units comprised of 153 single detached lots, 220 semi-detached units, 116 townhouses, 210 apartments, together with a school block, 7 park blocks, 4 open space blocks, 2 stormwater management facilities and 1 commercial block. 1.2 In the first recommendation report to Committee on September 8, 2008, municipal staff recommended that the application be denied. Committee requested additional information and tabled the report to a later meeting. This was endorsed by Council September 15, 2008. 1.3 Following consideration of an addendum staff report, a decision was made on November 10, 2008 by Clarington Council to deny the Official Plan amendment, Zoning By-law amendment and draft plan of subdivision applications. Council found the proposed development to be premature. 1.4 On December 11, 2008 the Municipality received letters appealing Council's decision on the Official Plan amendment, Zoning By-law amendment and draft plan of subdivision applications to the Ontario Municipal Board (OMB). A copy of the applicant's appeal letters are contained in Attachment 2 (Official Plan and rezoning appeal) and Attachment 3 (subdivision appeal). . 2.0 COMMENTS 2.1 During the application review process a number of citizens and the Port Darlington Community Association expressed concern with the proposed development and it's subsequent impacts on their area. Thus it is expected some citizens may request to be Participants, although not Parties, to these appeals. 2.2 At this time, a date for an Ontario Municipal Board (OMB) hearing has not been scheduled. The applicant believes this matter would benefit from a Pre-Hearing Conference, which the OMB has scheduled for March 12, 2009. 3.0 CONCLUSION 3.1 Staff recommends that Council receive the report for information. 815 REPORT NO.: PSD-020-09 PAGE 3 Attachments: Attachment 1 - Key Map Attachment 2 - Appeal Letter for Official Plan and Draft Plan of Subdivision Attachment 3 - Appeal Letter for Rezoning Amendment Interested parties to be notified of Council's decision: Bryce Jordan, Sernas Group Kelvin Whalen, Kaitlin Group 816 Attachment 1 To Report PSD-020-09 Lot 8 I / Lake Ontario Bo~manville Key Map yr ~ 0 ~,. ~ ~ bl b Z 2 si W CN m Rqb n.. ~ _ _ ~~ Sfq~. f R COPA 2002-006 SBA 2002-002 ~-`i-2002-002 Port Darlington Land Corporation ~ Lot 7 ~ N~~yWAY ~ 4p1 Lot 6. Lot 5 0 I~ _ ~ \ \~ ~ NgT~o~q \\~ w Rq~~ ~ cc h~qy ~ I ~ ~ ~~ O O \ '~ cn ~7- ~ ~ U ~_ m o ~ V~x-_ -srRffRn :,~'~j'r il~~l.~, ~~~ k 1 ~ 817 >' ~~~~~ ! S NCE ~g,ISORS LLP j December 9, 2008 DELIVERED BY COURIER City Clerk Municipality of Clarington, City Clerk's Office 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Dear Sir or Madam: n e: Notice of Appeal pursuant to ss. 22.7 and ~1 (39) of tl~e ;~Agt~'ma ° r~~ ~, Port Darlington Land Corporation Lots 5, 6, 7, 8, Broken Front Concession ° on~R CO~~c Municipality of Clarington, Former Town of Bowmanvil _ ~ _i~ Municipal File Nos.: COPA 2002-006, S-C-2002-002 ~ ~ `~ We act on behalf of the Port Darlington Land Corporation, registered owner of the above noted property (the "Subject Property"). Our client submitted applications for a zoning by-law amendment and a plan of subdivision to the Municipality of Clarington (the "Municipality") in February, 2002. The Municipality requested an Official Plan amendment application on April 3, 2002, which was submitted by our client under protest on Apri129, 2002 (the "Applications"). Since that time, our client has provided the Municipality with the requested supporting documents, all of which demonstrate that the Applications represent good planning and are in the public interest. Despite our client's co-operation with requests from the Municipality to address staff and public concerns over the many years that the Municipality has been considering the Applications, the Municipality denied the Applications on November 10, 2008, for which notice was provided on November 25, 2008. The following serves as a Notice of Appeal for the reason that the Municipality has refused to amend the Official Plan as requested, as set out in ss. 22.7 of the Planning Act (Ontario) and has refused to adopt the plan of subdivision as requested, as set out in ss. 51(39) of the Planning Act (Ontario). A concurrent Notice of Appeal is also being filed with respect to the zoning by-law amendment application (Municipal File No. ZBA 2002-002). The Subject Property is located in the Region of Durham in the Municipality of Clarington (formerly the Town of Bowmanville), generally bounded by the Mearns Avenue Road allowance Davis ~t.P, 1 First Canadian Place, Suite 5600, P.O. Box 367, 100 www.davis.ca ~ TORONTO VANCOUVER o~s~eeu N REVIEWED BY ORItiMiAL.1'Oe o ctwaca. o Co~c~ o ~ otaECrtai u-fp" corn to: O MAYDEI D OF COUNCtI O CAO ° ~ ° sEa~cES o o ~ ° o t1ffAAltaIS s~ aEacs Street West, Toronto, ON Canada CALGARY EDMONTON WHITEHORSE YELLOWKNIFE TI '08DEC10 FM ~; To Repo PSD 020-092 T `~~ , /~~ ~ ~ G 1 1 2~~8 ~iiSfJiCri~r~;.t7~' L~- t;~;:~i6~lwi€s9~3 FROM THE OFFICE OF Chris Barnett "- ~ ~~ ~~ DIRECT LINE 416.365.3502 DIRECT FAX 4 t 6.777.7407 E-MAIL cbarnett@davis.ca FILE NUMBER 66544-00002 ~~ Page 2 of 3 and the Region of Durham water treatment plant to the west, with East Beach Road, residences and Lake Ontario to the south, the Canadian National Railway and hydro-electric corridor lands to the north, and Bennett Road abutting to the east. The Subject Property is approximately 40.405 ha. in size and is presently used for agricultural purposes. The Applications would permit 153 single detached and 220 semi-detached residential dwelling units, 116 townhouse units, 210 apartment units, a public elementary school site and a commercial block site, along with parkland and open space uses. Currently, the Subject Property is within the "Living Area" and "Waterfront" designations in the Region of Durham Official Plan. It is within the Port Darlington Neighbourhood in the Municipality of Clarington Official Plan, being designated Urban Residential (with an Elementary School Symbol), Waterfront Greenway (with a District Park Symbol) and Environmental Protection area. The Subject Property is currently zoned Agriculture (A) and Environmental Protection (EP). While our client notes that the Applications implement the Port Darlington Neighbourhood Secondary Plan, at the request of the Municipality, our client submitted an Official Plan amendment to relocate the District Park Symbol on Maps A and A3, adjust the road system on Maps A, A3, B, and B3, and amend the housing target numbers in Table 9-2. The Applications require an amendment to the zoning by-law in accordance with the proposed plan of subdivision. A Statutory FuUlic Meeting was held on Aprii 8, 2002 with respect to the zoning by-law and plan of subdivision. A second Statutory Public Meeting was held on September 9, 2002 with respect to the Official Plan amendment application. The current Applications implement the Secondary Plan vision for the area and represent good planning. Numerous studies have been undertaken supporting the Applications, both prior to submission in 2002 as well as since that time, being up until September of 2008, as requested by the Municipality: • Preliminary Overview, Environmental Impact Study (pre-Terms of Reference) (May 24, 2001) (Prepared by ESG International) • Phase 1 Environmental Site Assessment (October 2001) (Prepared by Goldar Associates Ltd.) • Traffic Site Analysis (November 2001) (Prepared by RPG Transtech) • Shoreline Hazard Limit drawing and cover letter, (November 30, 2001) (Prepared by G.M. Semas & Associates) • Conceptual Servicing Report (December 2001) (Prepared by G.M. Sernas & Associates) 819 Page 3 of 3 • Planning Rationale Letter (Apri129, 2002) (Prepared by Sernas Associates) • Noise and Vibration Impact Analysis (May 31, 2002) (Prepared by HGC Engineering) Please find enclosed a cheque for $250.00 for the Official Plan amendment application appeal and the plan of subdivision application appeal. Yours truly, DAVIS LLr Per: Q.s.~ ~' Chris ett CMB/axa Encls. cc: Kelvin Whalen, The Kaitlin Group Bryce Jordan, Sernas Associates 820 Attachment 3 1k~gpEC10 ~M ~.~1.~V Report PSD-020-09 I~A~I I ~ LLP LEGAL ADVISORS SINCE 1892 FROM THE OFFICE OF Chris Barnett DIRECT LINE 416.365.3502 DIRECT FAX 416.777.7407 E-MAIL cbarnett~davis.ca December 9, 2008 DELIVERED BY COURIER Clerk Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, Ontario MSG lE5 FILE NUMBER 66594-00002 DISTRIBUTION REVIEWED BY ORItiNiAl To: O COUNCIL O COUNCIL O FILE DIRECTION INFORMATION coPr To: O MAYOR O MEMBERS O CAO of couNclL o coMMa~lrr o coRPOaATE o EIN:RSENCr Dear Sir or Madam: sERVICES sERVlc~s sERVCEs O ENGMIEERNIS O MUNICIPAL O OPEMTIOµS S~AYIt~S CIERK'S Re: Native of Appeal pursuant to ss. 34 (ii) OI the Planning Act ~/~ a stjl.~cTTaR o TREASURY Port Darlington Land Corporation sERVeEs Lots 5, 6, 7, 8, Broken Front Concession O OTHER _ Municipality of Clarington, Former Town of Bowmanville cr~~Fl~ Z~(~ ~~- Municipal File No.: ZBA 2002-002 We act on behalf of the Port Dazlington Land Corporation, registered owner of the above noted property (the "Subject Property"). Our client submitted applications for a zoning by-law amendment and a plan of subdivision to the Municipality of Caarington (the "Munici ali " p ty) in February, 2002. The Municipality requested an Official Plan amendment application on Apri13, 2002, which was submitted by our client under protest on Apri129, 2002 (the "Applications"). Since that time, our client has provided the Municipality with the requested supporting documents, all of which demonstrate that the Applications represent good planning and are in the public interest. Despite our client's co-operation with requests from the Municipality to address staff and public concerns over the many yeazs that the Municipality has been considering the Applications, the Municipality denied the Applications on November 10, 2008, for which notice was provided on November 25, 2008. The following serves as a Notice of Appeal for the reason that the Municipality has refused to amend the zoning by-law amendment as requested, as set out in ss. 34 (11) of the Planning Act (Ontario). A concurrent Notice of Appeal is also being filed with respect, to the Official Plan amendment and plan of subdivision applications (Municipal File Nos. COPA 2002-006 and S-C-2002-002). The Subject Property is located in the Region of Durham in the Municipality of Caarington (formerly the Town of Bowmanville), generally bounded by the Mearns Avenue Road allowance www.davis.ca Davis LLP, 1 First Canadian Place, Suite 5600, P.O. Box 367, 100 King Street West, Toronto, ON Canada M5X TORONTO VANCOUVER MONTREAL CALGARY EDMONTON WHITEHORSE YELLOWKNIFE TOKYO Page 2 of 3 and the Region of Durham water treatment plant to the west, with East Beach Road, residences and Lake Ontario to the south, the Canadian National Railway and hydro-electric corridor lands to the north, and Bennett Road abutting to the east. The Subject Property is approximately 40.405 ha. in size and is presently used for agricultural purposes. The Applications would permit 153 single detached and 220 semi-detached residential dwelling units, 116 townhouse units, 210 apartment units, a public elementary school site and a commercial block site, along with parkland and open space uses. Currently, the Subject Property is within the "Living Area" and "Waterfront" designations in the Region of Durham Official Plan. It is within the Port Dazlington Neighbourhood in the Municipality of Clarington Official Plan, being designated Urban Residential (with an Elementary School Symbol), Waterfront Greenway (with a District Park Symbol) and Environmental Protection azea. The Subject Property is currently zoned Agriculture (A) and Environmental Protection (EP). While our client notes that the Applications implement the Port Dazlington Neighbourhood Secondary Plan, at the request of the l~iunicipality, our client submitted an Official Plan amendment to relocate the District Pazk Symbol on Maps A and A3, adjust the road system on Maps A, A3, B, and B3, and amend the housing target numbers in Table 9-2. The Applications will require an amendment to the zoning by-law in accordance with the proposed plan of subaivision. A Statutory Public Meeting was held on April 8, 2002 with respect to the zoning by-law and plan of subdivision. A second Statutory Public Meeting was held on September 9, 2002 with respect to the Official Plan amendment application. The current Applications implement the Secondary Plan vision for the azea and represent good planning. Numerous studies have been undertaken supporting the Applications, as requested by the Municipality: • Preliminary Overview, Environmental Impact Study (pre-Terms of Reference) (May 24, 2001) (Prepared by ESG International) • Phase 1 Environmental Site Assessment (October 2001) (Prepazed by Goldar Associates Ltd.) • Traffic Site Analysis (November 2001) (Prepared by RPG Transtech) • Shoreline Hazard Limit drawing and cover letter, (November 30, 2001) (Prepazed by G.M. Semas & Associates) • Conceptual Servicing Report (December 2001) (Prepared by G.M. Sernas & Associates) • Planning Rationale Letter (Apri129, 2002) (Prepared by Sernas Associates) 822 Page 3 of 3 • Noise and Vibration Impact Analysis (May 31, 2002) (Prepared by HGC Engineering) Please find enclosed the following: • A cheque for $125.00; • The zoning by-law amendment application appeal form; • The proposed amending by-law that we are seeking to have Council enact; • The zoning by-law amendment application submitted to the Municipality of Clarington; • The Notice of the Statutory Public Meeting held with respect to the zoning application; • The Minutes of the Statutory Public Meeting held with respect to the zoning application; • The Municipality of Clarington staff report recommending that the Applications be denied; . • The Decision of Council to deny the Applications; • A planning justification letter demonstrating conformity with the Official Plan; • An affidavit setting out the prescribed information; and • A map of the lands under appeal, being the Subject Property. Yours truly, DAMS P Per: ~• ~+ Chri CMB/axa Encls. cc: V"Clerk, the Municipality of Clarington Kelvin Whalen, The Kaitlin Group Bryce Jordan, Sernas Associates Drvis:4118948.2 823 • ~~ Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2009 Report #: PSD-021-09 File #: RE 9.3, RE 6.9.11 By-law #: and RE 6.9.4 Subject: EXCHANGE OF LANDS WITH CLOCA, BOWMANVILLE VALLEY LANDS AND LONG SAULT CONSERVATION AREA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-021-09 be received; 2. THAT the land exchange proposed by the Central Lake Ontario Conservation Authority be APPROVED in principle; 3. THAT Staff be directed to take all necessary action to resolve the outstanding issues surrounding the long-term use of the landfill north of Longworth Avenue and erosion control/monitoring of the Bowmanville Creek south of Longworth Avenue; 4. THAT a further report be brought back to Council with the details of the land exchange; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted b Reviewed b Y Y David J. rome, MCIP, RPP .Franklin Wu, Director of Planning Services Chief Administrative Officer FUsh 5 February 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 824 REPORT NO.: PSD-021-09 PAGE 2 1.0 BACKGROUND 1.1 The Central Lake Ontario Conservation Authority (CLOCA) approached the Municipality of Clarington with the concept of transferring the lands that the Municipality owns within the Long Sault Forest and in proximity of the Long Sault Conservation Area in exchange for eight parcels of land (Schedule 1) that are owned by CLOCA in the Bowmanville Valley (Attachments 1 and 2). 1.2 CLOCA's Bowmanville Valley lands extend from north of Longworth Road down through the Bowmanville Valley to the mouth of the creek. CLOCA would retain ownership of and be responsible for the management of the Westside Marsh and Bowmanville (Port Darlington) Marsh, both provincially significant wetlands. Some of the land CLOCA is proposing to transfer to the Municipality are already the subject of lease agreements between the Conservation Authority and Municipality and the management of the areas would be better served by Municipal ownership of the lands. 2.0 COMMENTS 2.1 The one parcel that the staff does not recommend to be acquired is the former landfill site, CLOCA will retain ownership. However CLOCA is willing to provide a right of access and easement for a future trail system. The Municipality would provide an access easement across our lands to CLOCA for maintenance purposes. 2.2 The Engineering Services Department and Operations Department have been consulted with regard to their issues. The Engineering Services Department has identified the erosion of the Bowmanville Creek south of Longworth Avenue in the vicinity of Jackman Road and Linden Lane as a concern. CLOCA has been monitoring the erosion and have had repair works carried out by the developer as part of the subdivision agreement; a more detailed examination of the area in the spring will be required to determine if the slopes have stabilized and the bio-engineering is performing as anticipated. 2.3 The Oak Ridges Trail Association have developed an off-road portion of their trail through the Municipal lands at Long Sault with our oversight and agreement. The Conservation Authority has a working relationship with ORTA for other portions of their trail. This portion can be added to the same agreement. 2.4 In the future, should the Conservation Authority at some point wish to dispose of the lands at Long Sault or cease to exist, provision would be made for the ownership of this parcel to revert to the Municipality. 2.5 On February 18th it is anticipated that the CLOCA Board of Directors will endorse in principle the proposed exchange of lands with the Municipality of Clarington. 825 REPORT NO.: PSD-021-09 PAGE 3 3.0 NEXT STEPS 3.1 If the Engineering Services and Operations Departments can be satisfied with regard to the erosion works and monitoring concerns in the area south of Longworth Avenue and any other operational issues that are identified, the land exchange can proceed. The next steps necessary would be: • The property being Part Lots 1 and 2, Concession 9, former Darlington Township, Roll Number 181701011022800, approximately 57.5 ha, in the Long Sault Conservation Area be DECLARED surplus; • The property be conveyed to the Central .Lake Ontario Conservation Authority in exchange for 8 properties set out in Schedule 1 attached of this report, approximately 45 ha in the Bowmanville Urban Area, along the Bowmanville valley; • The Municipality of Caarington will be responsible for the nominal costs associated with the disposal of the Long Sault Conservation lands including, but not limited to, the cost of any public notices or advertising, land transfer tax, survey costs, legal fees and registration costs; and easements over the landfill lands; • CLOCA would be responsible for the nominal costs associated with the disposal of the valleylands including, but not limited to, the cost of land severances, easements, land transfer tax, survey costs, legal fees and registration costs; • The Mayor and Clerk be authorized to execute all documents necessary to register required easements and convey the lands to the Central Lake Ontario Conservation Authority providing they are to the satisfaction of the Municipal Solicitor; and • A By-law be prepared to authorize the Mayor and Clerk on behalf of the Municipality execute the offer from the Central Lake Ontario Conservation Authority for the lands in the Bowmanville Valley. 4.0 CONCLUSION The Municipality's By-law (95-22) that established procedures governing the sale of real property provides for the exchange and transfer of real property in accordance with the Municipal Act and upon the recommendation of the Director of Planning Services; providing that the exchange achieves the objectives of a land use plan of the Municipality. In this case the lands in the Bowmanville Valley are identified in the Official Plan as Environmental Protection and are considered to be part of the ongoing development of the trail and park system in the Bowmanville Valley. The lands at Long Sault are identified as part of the Environmental Protection Area and Natural Core Area of the Oak Ridges Moraine; they would be better managed as part of the Management Plan the Conservation Authority has developed for the Long Sault Conservation Area. 826 REPORT NO.: PSD-021-09 PAGE 4 Attachments: Attachment 1 - Bowmanville Valleylands showing transferable CLOCA lands Attachment 2 - Long Sault Conservation Area showing transferable MOC lands Interested parties to be notified of Council's decision: Russ Powell, CAO CLOCA Frank Lockhart, Valleys 2000 Harold Sellers, ORTA 827 Schedule 1 BOWMANVILLE NORTH CONSERVATION AREA Roli Number P.I.N. Number Acreage 181702001007500 266150214 39.22 ac 181702001007575 266150215 5.34 ac 181702001002910 266140034 9.20 ac 181702001007014 266140035 14.20 ac 67.96 ac BOWMANVILLE SOUTH CONSERVATION AREA 181702004002510 269320243 0.94 ac 181702004002510 269320248 15.74 ac 16.68 ac BOWMANVILLE/WESTSIDE MARSH CONSERVATION AREA 181702013000110 266440044 11.75 ac 181702013000506 266450071 15.07 ac 26.82 ac 828 Attachment 1 To Report PSD-021-09 ~: d~ N w Lake Ontario ~ s ValleylandslValleyland Owners ~.~C~1i~;C(Nl Bowmanville Valleylands Showing Transferrable CLOCA Lands i3 ~~ Attachment 2 To Report PSD-021-09 C t4 J V 0 _d R L L L ~3 0 r as L Q V i+ ''~^ V+ J 3° • L ~ 830 `~ • ~4~~~ ~~ EP~RT read„~ the Wav R g. PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2009 Report #: PSD-022-09 File #: COPA2005-0010 By-law #: and ZBA 2005-0058 Subject: APPEAL TO THE ONTARIO MUNICIPAL BOARD OF OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICATIONS APPLICANT: BOWMANVILLE CREEK DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-022-09 be received for information; and 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: David . Crome, MCIP, RPP Director of Planning Services DJ/COS/df 12 February 2009 Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 831 REPORT NO.: PSD-022-09 PAGE 2 1.0 BACKGROUND 1.1 On November 22, 2005, staff received Official Plan amendment and rezoning applications from Bowmanville Creek Developments Inc. to permit general retail uses in excess of 929 m2 (10,000 ft2) and one financial institution in addition to permitted highway commercial uses. 1.2 On April 1, 2008, staff received revised Official Plan amendment and rezoning applications from Bowmanville Creek Developments Inc. 1.3 On June 2, 2008, a statutory Public Meeting was held for the revised applications. This was followed by staff reports for these applications on July 7, 2008, November 3, 2008 and December 1, 2008. 1.4 During the summer, staff met with the proponent several times to discuss the conditions pertaining to the proposed terms and timeframe for the construction of the hotel; the exclusion of the fitness centre use from the list of permitted uses; the overall retail cap and size of stores; and the format of the proposed Official Plan Amendment and site-specific Zoning By-law. 1.5 On December 1, 2008, the General Purpose and Administration Committee recommended to Council the following: Resolution #GPA-669-08 "1. THAT Addendum 3 to Report PSD-077-08 be received; 2. THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a wider range of commercial uses on the lands owned by Bowmanville Creek Developments Inc. be APPROVED as indicated in Attachment 1 to Addendum 3PSD-077-08 and that the necessary by-law be PASSED at such time as the applicant has brought their accounts with the Municipality up to date; 3. THAT the application to amend the Municipality of Clarington Zoning By- law 84-63, as amended, be APPROVED and that the by-law as contained in Attachment 2 to Addendum 3PSD-077-08 be PASSED at such time as the applicant has brought their accounts with the Municipality up to date; 4. THAT, subject to Recommendation 5, an exception to the Municipality's policy and practice be granted to provide for a private open space area within the valley lands on an area of approximately 1.6 hectares, provided that a hotel containing more than 85 guest rooms is constructed on the lands zoned (H) C5-15; 5. THAT prior to adopting the proposed amendments, an agreement of purchase and sale is made between the applicant and the Municipality to the satisfaction of the Municipality's solicitor providing for the transfer of the fee simple interest and possession of the lands zoned (H) EP-16 for nominal consideration if (six) 6 years following the date when the Zoning By-law comes into effect a hotel which satisfies Recommendation 4 has not been constructed on the lands zoned (H) C5-15; 832 REPORT NO.: PSD-022-09 PAGE 3 6. THAT an appropriate by-law be passed for the Mayor and Clerk to execute an agreement; 7. THAT copies of Report PSD-077-08 and Addendums and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and 8. THAT all interested parties listed in this report and any delegations be advised of Council's decision." 1.6 The Council at its meeting which was held on December 8, 2008 ratified the above recommendation. 2.0 DISCUSSION 2.1 On January 9, 2009, the Municipality received a letter of appeal to the Ontario Municipal Board by Mary Flynn-Guglietti from McMillian LLP, on behalf of Bowmanville Creek Developments Inc., on the Official Plan Amendment. A copy of the letter of appeal to the Ontario Municipal Board with regard to the associated Zoning By-law Amendment application was also received by Staff on January 13, 2009. The appellant requested that the Official Plan Amendment appeal and the appeal of the Zoning . By-law Amendment application be consolidated to be heard together. The Official Plan Amendment application and the Zoning By-law Amendment application has been appealed pursuant to sections of the Planning Act, on the basis Council not making a decision on the application within the prescribed time period. 2.2 Copies of both letters of appeal are contained in Attachment 2. 2.3 The Ontario Municipal Board has acknowledged receipt of the appeals. At this time, a date for an OMB pre-hearing conference has not been scheduled. 3.0 CONCLUSION 3.1 Staff recommends that Council receive the report for information. Attachments: Attachment 1 -Property Location Map Attachment 2 -Appeal Letters Interested parties to be notified of Council and Committee's decision: Glenn Genge, D.G. Biddle & Associates Limited Sam Cohen, Torgan Group Joe Cavallo, Shell Canada Products Limited Robert Hann, Halloway Holdings Limited Robert DeGasperis, Metrus Properties Inc. Catherine Spears, Catherine Spears & Associates Inc. Edgar Lucas, Bowmanville Business Improvement Area Beth Kelly, Valiant Property Management 833 m m owe 0 0 J a a W N Q w0 ~ ~ _~ ~~ ~~ N .Z ~~ a.o ~ s~ ae awY ~" _ ~ ~ isr~... , N •IA A ~w A N ~ B B ~ OL ~ ~ A ~~ a Attachment 1 To Report PSD-022-09 m E ~ o o 4 C ~ Q G ~ E e o N a V ~ a !~ ~ o o ~y Q m N ~ T m c '~ 'c c L N V ~` ~~ ~~ Y ~C m~ c ~, tEE0 0 O~ m Q ~1312i3/1bM ~.fA ~• mcmil~~n Attachment 2 To Report PSD-022-09 Reply Attention of Mary Flynn-Cuglietti Direct Line 416.865.7256 Internet Address Maryflyn~cmillan.ca Our File No. 87314 Date January 9, 2009 DELIVERED Mr. Patrick Hennessy Secretary, Ontario Municipal Board 655 Bay Street Suite 1500 Toronto, Ontario MSG 1 ES D ~C~~.I~l ~l u JAN 132009 MUNICIPALITY OF CLARINGTON ADMINISTRATOR'S OFFICE Dear Mr. Hennessy: Re: Appeal to the Ontario Municipal Board pursuant to Subsection 34(11) of the Planning Act, R.S.O., 1990, c.P 13, as amended regarding an application by Bowmanville Creek Developments Inc. for an amendment to the Zoning By-law for the Municipality of Clarington (`Clarington') with respect to Part of Lot 12 & 13, BF Conc., Bowmanville (the `Property') (Municipal File: ZBA 2005-0058). We are the solicitors retained on behalf of Bowmanville Creek Developments Inc. (`Torgan') in connection with applications for amendments to the Clarington Official plan and Zoning By-law to accommodate a commercial development on the above referenced Property. This letter and the enclosed and completed Ontario Municipal Board appeal form constitute our client's appeal of Clarington Council's failure or neglect to approve Torgan's rezoning application in a timely manner. A concurrent appeal of the related official plan amendment application (Municipal File No. COPA 2005-0010) accompanies this appeal. In November 2005, Torgan filed the original official plan and zoning by-law applications for the Property under municipal files COPA 2005-010 and ZBA 2005-058, respectively. Copies of these original applications are enclosed. In March 2008, Torgan formally revised its official plan and zoning by-law amendment applications to redefine the Highway Commercial and Environmental Protection official plan designation and to accommodate limited general retail uses, one financial institution McMillan uP Brookfield Place, 181 Bay Street, Suite 4400, Toronto, Ontario, Canada M5J ZT3 835 Toronto Montreal Barris[r! s ~. Solic;[nrs t 416.865.7000 '. f 416.865.7048 www.mcmillan.ca MBDOCS_4208283.1 mcmill~n January 9, 2009 Page 2 and a private open space amenity area, in addition to Highway Commercial uses, in free-standing commercial structures on the Property. On June 4, 2008, Clarington held a statutory public meeting to consider the staff report addressing the revised applications. As a result of concerns raised at the meeting, the staff report was referred back to staff for further processing. The resulting further report (PSD-077- 08) was tabled at the General Purpose and Administration Committee meeting on September 22, 2008. On December 8, L008, Clarington Council endorsed the recommendations of planning staff as set out in Addendum #3 to Report PSD-077-08 (the `Recommendations'), a) Attaching cc;~~ditions that we submit do not represent good land use planning principles such as, but not limited to, excluding uses that were previously permitted under the existing Highway. Commercial zoning, imposing timing restrictions and unduly restricting parts of the land to certain uses without planning justification, and b) Withholding the passage of the necessary by-laws pending the execution of a conditional agreement of purchase and sale affecting that portion of the Property zoned (H)EP-16 and pending the resolution of certain financial matters between our client and the municipality. As you will appreciate, the report before Council on December 8, 2008 and the associated draft official plan and zoning by-law amendments represented the culmination of seven years of consideration and numerous meetings. and consultations with municipal staff. Over this lengthy timeframe, these efforts by our client sought to achieve greater flexibility on the site through the introduction of a variety of sizes and types of retail uses on the Property in addition to the already permitted highway- commercial uses. Council's refusal to enact the necessary by-laws to realize the results of these efforts has no basis in good land use planning principles and results in an unwarranted and unjust delay to the timely approval of our client's official plan and zoning by-law amendment applications. Accordingly and pursuant to Section 34(11) of the Planning Act, R.S.O., 1990, c. P.13, we hereby appeal rezoning application (ZBA 2005-0058) to the Ontario Municipal Board for a hearing with a request that this appeal and the concurrent appeal of the official plan amendment application (COPA 2005-0010) be consolidated to be heard together before the Board In support of this rezoning appeal, we enclose: a) Our firm's cheque in the amount of $125 being the requisite OMB appeal fee; b) The duly completed and executed Ontario Municipal Board OPA appeal form; c) A copy of the revised application to Council for azoning by-law amendment; MBDOCS 4z0~~.1 mcmil~an January 9, 2009 Page 3 d) A copy Clarington Council's December 8, 2008 resolution refusing to enact the implementing by-law; e) A copy of the November 3, 2008 Planning Services Report (PSD-077-08 and Addendum to Report PSD-077-08; f) The sworn affidavit of Isabel Mitchell certifying that copies of all materials associated with this appeal have been provided to the Clerk for the 1Vlunicipality of Clarington and that the requirements of Section 34(10.3) of the Planning Act have been met. g) A map of the lands under appeal. We look forward to receiving your and the OMB's acknowledgement of this appeal. Meanwhile, please contact the firm's land use planner, Isabel Mitchell, with any questions at 416-865-7937. Yours truly, Mary Fl u Cc: Franklin Wu, Chief Administrative Officer, Municipality of Clarington Ms. Pattie Barry, Clerk, Municipality of Clarington Bowmanville Creek Developments Inc. Encl. MBDOCS_~9~2~3.1 rncmillan DELIVERED Ms. Patti Barrie, Municipal Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Deaz Ms. Barrie: '09J1'~112 Prt12 34~~1 ~, `~~ , ~ 5`~--~~ `r ~'~~ ~ i.- pp ~ ~~ ~~;. P~J=.i~i~ar`--;' i s `}' { = ii_~;iia~flTfl~f Reply Attention of Mary Flynn-C gli ~~'sm~-L'"' ~: ~'.=`vi"`~~'"_' ~ i't~~{~~ Direct Line 41865.7256 ~~-~~ Internet Address Mory, jlnn a~jncmillan.ea Our File Na 873]4 Date January 9, 2009 ` DISTRIBUTION RE:VIEWED•BY ORIOMiAL TO: o c~IINCR. o couNCl~ o ~ DIRECTION MIfORAlAT10N corer ~ o MI-YOR o o cAo oFCOUIIa~ a cow~ullltr o cORVORIUE o EAEAf~' SERVICES SERVICES s O ER6MREANIB O YINMCIPNL O OPERAi10~ SE CLERICS SERVICES ~LICITOR O TREASURY • O OTI~R Re: Appeal to the Ontario Municipal Board pursuant to Subsection of the Planning Act, R.S.O., 1990, c.P 13, as amended regarding an application by Bowmanville Creek Developments Inc. for an amendment to the Official Plan for the Municipality of Clarington (`Clarington') with respect to Part of Lot 12 & 13, BF Conc., Bowmanville (the `Property') (Municipal File: COPA 2005-0010) We are the solicitors retained on behalf of Bowmanville Creek Developments Inc. (`Torgan') in connection with applications for amendments to the Clarington Official plan and Zoning By-law and for site plan approval to accommodate a commercial development on the above referenced Property. This letter and the enclosed and completed Ontario Municipal Board appeal form constitute our client's appeal of Clarington Council's failure or neglect to approve our client's official plan amendment application in a timely manner. Concurrent appeals with respect to the related zoning by-law amendment application (Your Municipal File Nos ZBA 2005-0058) accompanies this appeal. In November 2005, Torgan filed the original official plan and zoning by-law applications for the Property under municipal files COPA 2005-010 and ZBA 2005-058, respectively. Copies of these original applications are enclosed. In March 2008, Torgan submitted revisions to the original applications to redefine the Highway Commercial and Environmental Protection official plan designation and to McMiIL~n . ~ ~~ F.rookfiF~ld Pl~~r-e. 181 Eay S1rer4. ~ui[e 4400. Tr>rciittU, ~)nr,inr~, ~:;!rrufa PASJ ?T; 838 R.xonto Mor;tre~jl i3~~rn•:n ~r, ~. ;~,h~ irr;n t 416.865.7000 f 416 865J048 ww/w.mrn~ill.m ~ a IC MBDOCS 4200870.1 mcmil~~n January 9, 2009 Page 2 accommodate limited general retail uses, one financial institution and a private open space amenity area, in addition to Highway Commercial uses, in free-standing commercial structures on the Property. The applications as revised in March 2008 reflect revisions to the plans submitted with the original applications in order, among other things, to: a) Accommodate a wider range and greater flexibility in relation to the commercial uses and store sizes on the Property; b) Redefine the floodplain on the Property in accordance with an approved environmental impact study, and c) Allow for an open space amenity area in the valleyland portion of the Property. On June 4, 2008, Clarington held a sta~.tutory public meetir_g to cnnsider the staff report addressing the revised applications. As a result of concerns raised at the meeting, the staff report was referred back to staff for further processing. The resulting further report (PSD-077- 08) was tabled at the General Purpose and Administration Committee meeting on September 22, 2008.On December 8, 2008, Clarington Council endorsed the recommendations of planning staff as set out in Addendum #3 to Report PSD-077-08 (the `Reconunendations'), a) Attaching conditions that we submit do not represent good land use planning principles such as, but not limited to, excluding uses that were previously permitted under the existing Highway Commercial zoning, imposing timing restrictions and unduly restricting parts of the land to certain uses without planning justification, and b) Withholding the passage of the necessary by-laws pending the execution of a conditional agreement of purchase and sale affecting that portion of the Property zoned (H)EP-16 and pending the resolution of certain financial matters between our client and the municipality. As you will appreciate, the report before Council on December 8, 2008 and the associated draft official plan and zoning by-law amendments represented the culmination of seven years of consideration and numerous meetings and consultations with municipal staff. Over this lengthy timeframe, these efforts by our client sought to achieve greater flexibility on the site through the introduction of a variety of sizes and types of retail uses on the Property in addition to the already permitted highway- commercial uses. Council's refusal to enact the necessary by-laws to realize the results of these efforts has no basis in good land use planning principles and results in an unwarranted and unjust delay to the timely approval of our client's official plan and zoning by-law amendment applications. Accordingly and pursuant to Section 22(7) of the Planning Act, R.S.O., 1990, c. P.13, we hereby appeal official plan amendment application (COPA 2005-0010) to the Ontario Municipal Board for a hearing with a request that this 839 MBDOCS 4200870.1 mcmil~~n January 9, 2009 Page 3 appeal and the concurrent appeal of the zoning by-law amendment application (ZBA 2005-0058) be consolidated to be heard together before the Board. In support of this official plan amendment appeal, we enclose: • Our firm's cheque in the amount of $125, the requisite OMB appeal fee • The duly completed/executed Ontario Municipal Board OPA appeal form. Yours truly, ~~ 1`~1ary;~lynn- 1 cc: Franklin Wu, Chief Administrative Officer, Municipality of Clarington Bowmanville Creek Developments Inc. Patrick Hennessy, Ontario Municipal Board Encl. MBDOCS ~1U0~ 0.1 Clariagton REPORT ceaams me w y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2009 Report #: PSD-023-09 File #: PLN 17.1.10 By-law #: Subject: ST. MARYS CEMENT APPLICATION FOR ALTERNATIVE FUEL DEMONSTRATION PROJECT EBR REGISTRY NUMBER: 010-4892 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-023-09 be received; 2. THAT a copy of this report be forwarded to the Ministry of the Environment as comments by the Municipality of Clarington on the Proposed Demonstration Project by St. Marys Cement in response to the EBR informational posting; and... 3. THAT all interested. parties listed in this report and any delegations be advised of Council's decision. 1 Submitted by: Reviewed by: vid J. Cr P irector of Planning Services FUsh 17 February 2009 ~„~e~~, Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 841 REPORT NO.: PSD-023-09 1.0 BACKGROUND Page 2 1.1 Council received notification from St. Marys Cement (St. Marys) on Wednesday, July 30th, 2008 that St. Marys would be applying to the Ministry of Environment (MOE) for approval of a demonstration to burn alternative fuels. St. Marys held a public information session on August 13th and a second session on September 10th. The purpose of the public information sessions were to provide information to the public at the beginning of the process so that their feedback and comments could be taken into consideration in the demonstration project. 1.2 St. Marys applied in September with an amendment, in November 2008 to the MOE for a Certificate of Approval for the Demonstration Project. Council should be aware that the demonstration project is a multi-step process that may or may not, depending on the results of the test and St. Marys business decisions, lead to an application under the Environmental Assessment (EA) Act and regulations and the Environmental Protection Act (EPA) for a waste Certificate of Approval (C of A) and an amendment to their current air emissions Certificate of Approval. 1.3 On Friday, February 6, 2009 the Ministry of the Environment on the Environmental Bill of Rights (EBR) website posted the following notification on the alternative fuels demonstration: The undertaking is exempt from the Environmental Assessment Act by virtue of Regulation 334 as it is considered fo be a research undertaking. An instrument (i. e., Certificate of Approval) that implements that undertaking is also exempt from notice requirements under the Environmental Bill of rights, 1993, meaning that a notice of proposal (or decision) on the Environmental Registry is not required. However, the Ministry recognizes the interest of the public in the project and has determined that an information posting of the proposal would best serve the public. Typically, the Ministry of Environment will wait at least 30 days before a C of A is issued. A schedule for proceeding with the demonstration is still subject to economic factors and no timeline has yet been defined by St. Marys to implement the Demonstration Project. 1.4 The purpose of this report is to provide background and comments on the Demonstration Project. 2.0 OUTLINE OF THE APPROVAL PROCESS 2.1 St. Marys Cement wishes to carryout an Alternative Fuels Demonstration. The purpose of the demonstration project is to test alternative types of fuels that St. Marys would like to use to replace up to 30% of conventional fuel (petcoke). The demonstration project is to carry out testing to verify that alternative fuel provides the results desired for the cement making process, and does not adversely affect the air quality. 842 REPORT NO.: PSD-023-09 PAGE 3 2.2 St. Marys has been working with the MOE to finalize the Alternative Fuels Demonstration Project and has obtained the necessary permits to undertake the demonstration. The Pre-Test Plan (PTP) was submitted to the Ontario Ministry of the Environment, Standards Development Branch in September and amended in November. The alternative fuels demonstration requires the MOE to issue a Certificate of Approval. The Municipality has provided comments on the C of A applications to the MOE in the form of a letter and Council Resolution (Attachment 1). In addition, the application has been posted on the Environmental Bill of Rights (EBR) website so that any other interested parties can comment as well. 2.3 St. Marys is seeking approval of a demonstration plan which is a "test" of the alternative fuels. It is a time limited trial (40 days) of the alternative fuels and does not automatically imply that they will be seeking approval for full time use of these alternative fuels. Should the test results be satisfactory and St. Marys decide to proceed, they would have to seek approval under the Environmental Assessment Act and its regulations and Environmental Protection Act, during that process the Municipality and other agencies would again be asked to comment and all necessary permits and approvals would have to be in place for St. Marys to proceed. 2.4 St. Marys has identified some potential environmental benefits to using alternative fuels: • cost benefit through the reduction of fossil fuels; • a sizeable reduction in St. Marys green house gases emissions; and • a viable use for post recycling and post composting residuals (otherwise they would be landfilled). 2.5 The purpose of the time limited demonstration project is to gather site-specific air emission data at the St. Marys plant in Bowmanville to determine the feasibility of using the selected alternative fuels that are being tested. 2.6 A condition of the Certificate of Approval by the MOE is the provision for the requirements of other legislation to be met. In other words, the issuance of the Certificate of Approval does not relieve St. Marys from complying with other legal requirements, such as the Planning Act. 3.0 SCHEDULE 3.1 The demonstration is expected to last approximately 37 days in Bowmanville including equipment set-up, initial fuel delivery baseline testing, ramp up and alternative fuels testing. Total alternative fuel usage is anticipated to be approximately 3,800 tonnes. 3.2 At this point St. Marys do not have a specific start-up date identified. 843 REPORT NO.: PSD-023-09 4.0 ALTERNATIVE FUELS TO BE USED IN THE DEMONSTRATION PROJECT PAGE 4 4.1 St. Marys has identified post recycling and post composting residuals as alternative fuels for their cement manufacturing facilities. Tires are not considered to be post recycling or post composting residuals and will not be used in this. demonstration project. Table 1: Alternative Fuels for the Demonstration Project Alternative Fuel Descri tion Primarily film plastic bags removed from compost generated from 1. Post-Composting some residential organics collection programs as well as plastic film Residual Plastic Film associated with sanitary paper products (e.g, diapers) that are allowed in these ro rams. 2. Post-Recycling Paper Residues remaining after the pulping of paper recovered from Biosolids recycling programs. This material will be composed of a roximatel 20% moisture, 40% cla and 40% biomass. 3. Post-Recycling Residual Plastic and other contaminants (film plastic, bottles, coated paper Material etc.) removed during the processing of the recycled paper from Blue Box ro rams. 4.2.1 Expected Air Quality Impacts associated with the Use of Alternative Fuels during the Demonstration Project St. Marys expects off-site air quality to be very similar to the existing emission levels from the conventional fuel (petcoke). 4.2.2 Ambient Testing to Verify that there will be No Off-Site Impacts During the Demonstration Project While St. Marys predicts that there will be not be an increase in air emissions during the demonstration project, St. Marys, will conduct off-site ambient monitoring to verify that off-site concentrations of metals and organic compounds are comparable between conventional and alternative fuel use and that levels remain well below any applicable standards. Sampling locations will be chosen based on the dispersion of the kiln stack plume. 5.0 OVERVIEW OF THE DEMONSTRATION PROJECT 5.1 Summary of Cement Manufacturing Process Cement manufacturing essentially consists of combining materials bearing calcium oxide, silica, alumina and iron oxide in a rotary kiln at very high temperatures (1450 °C) to produce cement clinker. The clinker is subsequently cooled and ground with finishing materials such as gypsum, limestone and slag to produce cement. 844 REPORT NO.: PSD-023-09 PAGE 5 In order to generate the required high temperatures to form clinker the kiln systems fuel is pneumatically fed into the kiln through one fuel pipe and also to the pre-calciner prior to the kiln. The demonstration project will replace up to 30 percent of conventional fuel with alternative fuel. During the demonstration project at the Bowmanville plant, Alternative Fuels 1, 2 and 3 will be fed to the kiln and calciner as presented in the following matrix. Period of Demonstration Fuel Feed Ramp up Continuous Scenario Alternative Fuel Location (days) Fuel use (Bowmanville) (days) 1: up to 30% replacement of 1- Post-Composting fuel to the Kiln Residual Plastic Film Kiln Burner 1 3 with alternative fuel 2: up to 30% replacement of 1- Pt-Composting Residual 1 3 fuel to the Plastic Film Precalciner Precalciner with alternative fuel 3: up to 30% replacement of 2 -Post-Recycling Paper B 1 3 fuel to the Kiln giosolids urner Kiln with alternative fuel 4: up to 30% replacement of 2 -Post-Recycling Paper i 1 3 fuel to the giosolids Precalc ner Precalciner with alternative fuel 5: up to 30% replacement of 3 -Post-Recycling Residual 1 3 fuel to the Kiln Materials Kiln Burner with alternative fuel 6: up to 30% replacement of 3 -Post-Recycling Residual 1 3 fuel to the Materials Precalciner Precalciner with alternative fuel Minor modifications will be made to the kiln burner and pre-calciner system at the Bowmanville plant prior to the demonstration to allow for feed of a second fuel stream. Alternative fuel is expected to be used over a total of 30 days (including ramp up days and 18 days of continuous use). 5.2 Alternative Fuels Storage and Handling System St. Marys will be using a portable Schenck Alternative Fuel Feeding System to pneumatically feed the alternative fuels into the kiln system. During the demonstration 845 REPORT NO.: PSD-023-09 PAGE 6 program the system will be housed within a temporary portable structure operating at a slight negative pressure to prevent material loss and any odour emissions. Alternative fuels will be delivered to the site in a transport truck that will feed directly into the burner using an internal conveyor. Material will be transferred into the Schenk system hopper which will feed a covered conveyor system that will move the alternative fuels to an isolation rotary gate from which it will be pneumatically transferred to the burner (kiln or precalciner) as shown in Attachment 2. Alternative fuels are expected to arrive on site in a feed ready condition for the demonstration on a just-in-time schedule. It is currently expected that any pre- processing of the fuel (e.g. size reduction or moisture reduction) will take place off-site at the suppliers' facilities. 6.0 OVERVIEW OF SAMPLING PROGRAMS PROPOSED BY ST. MARYS 6.1 Air Sampling The basic premise of any air sampling program is to obtain a representative sample of the contaminant emissions from a source or facility. Unlike soil and water sampling, air sampling typically requires that the pollutant be concentrated in order to make it quantifiable. With air sampling the contaminants are usually extracted from the air, either onto a filter (e.g. particulate, metals) or into a chemical solution (e.g. dioxins and furans). St. Marys is proposing an air sampling program that includes source and ambient sampling as set out below: Source Sampling (Sampling within the Stack) Direct sampling of a source (e.g. the stack venting the cement kiln) is performed in order to obtain an accurate determination of the emission of contaminants from a specific source. This sampling provides results that can be used with complex modelling to estimate the concentration of the contaminants at a receptor point (e.g. the property line of the facility, or a nearby house) from this source. Source sampling usually takes a fraction of an hour to a few hours. Detailed methods developed by the Canadian or United States governments outline exactly how this is to be performed for the contaminant in question. Ambient Sampling (Sampling in the Environment) Ambient sampling is the collection of a contaminant away from a particular source(s) (e.g. the property line of the facility, or at a nearby residence). Ambient sampling provides the actual exposure to a contaminant at a receptor; however, on its own, it does not tell you where the contaminants came from. The contribution from a particulate source to the measured ambient concentration can be determined by placing additional ambient samplers upwind of the source and first sampler. Contaminant concentrations at an off site location are expected to be very low in comparison to the concentration at a source, therefore ambient sampling usually lasts 846 REPORT NO.: PSD-023-09 PAGE 7 for longer periods of time (10 hours to 30 days) in order to obtain a sufficient sample. As with source sampling, detailed methods developed by the Canadian or United States governments outline exactly how ambient .sampling is to be performed .for the contaminant in question. 6.2 Raw Material and Fuel Sampling The raw material feed into the kiln, the conventional fuel (petcoke) and the alternative fuels will be sampled three times each day when they are being used during the demonstration test. A specific sampling protocol will be followed to ensure thal representative raw material and fuel characteristics are recorded for the demonstration project. 6.3 Noise Noise measurements will be taken during the demonstration project to determine if there are any incremental noise impacts associated with the alternative fuel feed system. 7.0 COMMENTS 7.1 St. Marys demonstration project would provide them with site specific information to support their research and theoretical analysis that burning alternative fuels will have no effect or reduce their current emissions. St. Marys anticipates that they should be able to reduce their cost, non-renewable resource footprint and green house gas emissions by using residual waste products for up to 30% of their fuel. 7.2 While these are anticipated benefits the proposal by St. Marys to use alternative fuels changes their current operations to also include the processing of residual waste. As such, the Municipality's comments to MOE have included the requirements that the applicant apply for a temporary zoning by-law for the demonstration project. Staff are prepared to support an application from the St. Marys for a temporary zoning approval for the duration of the research demonstration project (40 days). Should St. Marys demonstration project be successful, they would be required to complete an Environmental Assessment under the regulations of the EA Act and EPA Act for the use of an alternative fuel on a full-time basis. At that time the Municipality would require St. Marys to seek approval on a permanent basis for the operation through an Official Plan amendment and Zoning By-law amendment. 7.3 Staff have met with representatives from St. Marys Cement to discuss the need for a temporary Zoning By-law amendment for the demonstration project however an application has not been filed to date. 847 REPORT NO.: PSD-023-09 8.0 CONCLUSIONS PAGE 8 8.1 The Municipality encourages St. Marys to meet with Staff and begin work on their pre- consultation and planning applications for the temporary zoning by-law and site specific approvals. Attachments: Attachment 1 -Letter/Council Resolution to Municipality of Clarington Attachment 2 - Kiln/Precalciner Interested parties to be notified of Council and Committee's decision: Tesfaye Gebrezhi Andrew Neill Wilson Little Martin Vroegh Phil Dunn Glenda Geis 848 Attachment 1 To Report PSD-023-09 v ~ ~ i Energizing Ontario November 25, 2008 Tesfaye Gebrezghi, Supervisor Environmental Assessment and Approval Branch Ministry of Environment 2 St. Clair Avenue West Floor 12A Toronto, ON, M4V 1 L5 Dear Mr. Gebrezghi: N0~ 2: S 2008 MUNICIPALITY OF CLRRINGTON RE: ST. MARYS CEMENT FOR AN ALTEP.NATIVE FUEL DEMONSTRATION PROJECT FILE NO.: E05.GE At a meeting held on November 24, 2008, the Council of the Municipality of Clarington passed the following resolution: "THAT the Ministry of Environment be informed that, with regard to the Application as amended by St. Marys Cement for an Alternative Fuel Demonstration Project at the Bowmanville Plant, MOE Reference Number 0349-7K2LHZ, the comments of the Director of Planning Services as set out in his letter of November 3, 2008 to Mr. Martin Vroegh with regard to compliance with the Municipality's Zoning By-law and applicable provisions of the Planning Act have not been addressed to the satisfaction of the Municipality at this time." Yo ~i'L. B~fie, CMO unicipal Clerk PLB/ta cc: A. Neill, Senior Waste Engineer, Ministry of the Environment David Crome, Director of Planning Services ~,: Dennis Hefferon, Solicitor CORPORATION OF THE MUNICIPALITY OF CLAI~I~TON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T gnr,_a~~z_z~~~ Energizlitg Qntarlo November 3, 2008 Ma; tin Vroegh Environment Manager St. Marys Cement Inca 410 Waverley Road South Bowmanville, ON L1 C 3K3 RE: A°DLlCATION FOR APPROVAL ~F WASTE DISPOSAL SITES, ALTERNATIVE FUEL DEC~iONSTRATION PROJECT, 130WMANVILLE ST. MARYS PLANT r~fOE REFERENCE NUI'~FER 0349-7K2LHZ We are strongly encouraging St. Marys' to schedule apre-consultation meeting with the P~1unicipal Staff to review the issues outlined in our letter of October 17t" to the Ministry of Environment regarding the land use issues related to the alternative fuels demonstration. St. PJlarys has been avrare since early summer that the Municipality of Clarington has concerns and the St. Marys project team has been ad~~ised at meetings on September 2nd, and again on October 14th t0 schedule pre-consultation. This is in addition to the one-on-one discussions with members of your project team and staff. The need for pre- consultation was reiterated to your consultant, Mr. Brian Zeman again on October 28th. Thank you for providing a complete coy of the Certificate of Approval application which we received on Thursday, October 30S . It will assist in the Municipality's assessment of whether the residual materials to be used as alternative fuel constitute waste for the purposes of the Environmental Protection Act In Section 2 of the application it states: Based on review of the project description, it is St: Marys' opinion That no planning Act approvals are required. The use of ibis residual material for a portion of its fuel for the cement manufacturing plant is not a change in land use; and, even if the burning of a fuel were to be considered a land use, it is still permitted as an accessory use to the prinnina/ uc?. This statement was made without prior consultation with the Municipality regarding the interpretation of the hRunicipality's Zoning By-{aw and applicable previsions of the Panning Act. I am sure thzt you are aware from our meeting on October 14tH that the h~tunicipality strongly disagrees w ~h St. fvlarys statement. in the PJiunicipality's view the proposed ~!se of any part of St. Marys land for the purpose of transporting or storing waste is not permitted under the Municipality's Zoning By-law. The Municipality has notifpd.thp Ministry of this interpretation and oLlr repeated (but unsuccessful) attempts to ` ;'have pre-consultation of this matter. In fact, a copy of our letter to the Ministry dated :~ : October::1 Th was sent to you. CORRE3RAT~C~~J OF'TtiE tL7Ul'StCiP;,LiTY CF OL~'.RiC.iGTOFJ `.', 40;TEM.PERANCE :STREET, BOWMANVILL:E ONTARIO ,'L1C 3,A6 ,T QO:~~ 3379 ';~ .. . Pa e 2 A Certificafe of Approval for the alternative fuels project under Section 27 of the Environmental Protection Act does not override the provisions of the P1!unicipality's Zoning By-law. Rather it is our understanding that in Section 12 of applications for a iPc~i.ide a coCQof municf Plppanra~for a waste disposal site the proponent is required to PY p p g approval. Further, we understand that the Ministry includes a condition in the Provisional Certificate of Approval that informs the ov,+ner of the site that the requirements of fhe certificate do not relieve or inhibit them from complying with any other legislation, statutes, or legal obligations. The example below is taken from FCofA 8605-6Z8JNJ, issued to Miller Waste for the Clarington Compost Facility: 4.0 Cther Legal Qbligations 4.1 The issuance of, and compliance with, this Certificate does not: (a) relieve any person of any obligation to comply with any provision of any . applicable statute, regulation or other legal requirement; Conclusion The Municipality, therefore, is concerned that if St. R~!arys undertakes its proposed alternative fuels project the provisions of Zoning By-law 84-63 which apply to all persons in the Municipality including St. Marys, necessarily will be breached. We would be happy to facilitate a meeting between our Development Review Planning Staff and your consultant as the necessary pre-consultation step for the land use approvals required. Yours truly,, , ./ . ~G~. David J. Crome Director of Planning Services fsh Cc: Mr. Tesfaye Gebrezghi, Ministry of the Environment Mr. Brian Zeman, MHBC 851 Attachment 2 To Report PSD-023-09 852 rr i 1~~ Leading rye A'ay REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2009 Report #: PSD-024-09 File #: COPA 2007-0002 By-law #: and ZBA 2007-0005 Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW BY 1276467 ONTARIO LIMITED TO PERMIT APARTMENT AND TOWNHOUSE USES, REMOVE THE NEIGHBOURHOOD PARK, AND PERMIT ADDITIONAL COMMERCIAL PARKING FOR LANDS FRONTING DURHAM HIGHWAY 2 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-024-09 be received; 2. THAT Council confirm their resolution of July 14, 2008, authorizing an agreement "to facilitate the acquisition of 71 Old .Kingston Road and related matters" including the dedication of the valley lands associated with the subject applications as well as the 0.5 ha parkland dedication; 3 4. THAT provided the agreement for the acquisition of 71 Old Kingston Road has been executed by the applicant, that Council approve the following: i) THAT the application to amend the Clarington Official Plan be APPROVED as shown in Attachment 3 to permit an increase in density, permit an increase in housing targets, delete a neighbourhood park and permit an expansion to the Courtice West Shopping District, and that the necessary By-law be PASSED; ii) THAT the application to amend Comprehensive Zoning By-law 84-63 be APPROVED and that the Amending By-law contained in Attachment 4 be PASSED; THAT a copy of Report PSD-024-09 and the attached Official Plan Amendment and adopting By-law be forwarded to the Durham Region Planning Department; and 5. THAT the Region of Durham, the applicant and all interested parties listed in this report and any delegation be advised of Council's decision and be forwarded the Notice of Adoption. 853 REPORT NO.: PSD-024-09 Submitted by: Da d . Crome, MCIP, RPP Director, Planning Services SA/C P/df 13 February 2009 PAGE 2 Reviewed by: ~ ~~~-"~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 854 REPORT NO.: PSD-024-09 -PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: 1276467 Ontario Limited 1.2 Agent: Evans Planning 1.3 Official Plan Amendment Application: This application has two components as follows: Part 1: Delete the "Neighbourhood Park" from the south side of Durham Highway 2 and introduce a high density designation on the east side of Darlington Boulevard, within the Darlington Neighbourhood, to permit a high density residential development containing a 177 condominium unit apartment building ranging in height between 6 and 8 storeys and a separate townhouse block with 6 units; and Part 2: To adjust the boundary between the Courtice West Shopping District and the Darlington Neighbourhood, and to expand the "Mixed Use Area" land use designation to permit additional parking for commercial lands located at 1459 - 1465 Durham Highway 2. 1.4 Rezoning: Appropriate to permit a 177 unit apartment building and 6 unit townhouse block, and to expand the commercial zoning area. 1.5 Site Area: 2.05 hectares 2.0 BACKGROUND 2.1 Original Application On December 21, 2006, Staff received Official Plan amendment and rezoning applications from 1276467 Ontario Limited to permit a high density residential development containing a 213 unit condominium apartment building ranging in height between 7 and 9 storeys and a separate townhouse block with 9 units. Access for the development was proposed from Durham Highway 2 through a commercial property located at 1465 Durham Highway 2. A central stormwater management pond was located to the south of the development, which would accommodate flows from the proposal, from a future residential development to the south, and from Darlington Boulevard once this roadway is reconstructed. A small 0.5 hectare parkette was being proposed on the south side of the stormwater management pond. 855 REPORT NO.: PSD-024-09 PAGE 4 The valley lands and environmentally sensitive portions of the property would be dedicated to the Municipality of Clarington for stewardship and passive recreational purposes. 2.2 Alternative Access Based on a review of the initial submission, the applicant was requested to secure an alternative means of access to the site from Darlington Boulevard, improving access both for future residents and emergency vehicles. As a result, the applicant has secured the property located at 15 Darlington Boulevard for access and development purposes. This entrance will be designed to direct traffic egressing the subject site north on Darlington Boulevard to the traffic lights at Durham Highway 2. On this property known as 15 Darlington Boulevard the applicant is also proposing three (3) single detached dwellings as part of the condominium project. 2.3 Open Houses Staff held two Open Houses for the residents of the area. The first was held June 26, 2007 to introduce and present the proposal to area residents prior to the public meeting. There were approximately 100 residents from the neighbourhood that attended. In response to concerns raised at the first Open House, the applicant submitted a revision to the proposal on August 29, 2007 reducing the number of units in the apartment building from 193 to 177 and reducing the height of the apartment building from 7 and 9 storeys to 6 and 8 storeys. The townhouse block remains unchanged at 6 units while the number of single detached units at 15 Darlington Boulevard also remains at three units. The configuration and location of the stormwater management pond is unchanged. Access will be maintained from Durham Highway 2 and Darlington Boulevard. Attachment 1 includes a key map for the current proposal and Attachment 2 is a concept plan of the current proposal. A second Open House was held September 10, 2008. In response to concerns that resident's outside the required circulation area are nonetheless affected by these applications, notice of the second Open House was given to an expanded area. The notice area was extended beyond the requirements of the Planning Act, to include all residences to the west up to and including the east side of Townline Road. Approximately 45 residents signed in. The issues raised at the two meetings included: • Residents do not want high density at this location as it will detract from their views of the open space and Farewell Creek valley. They also feel that private ownership will limit their ability to walk on the property to Farewell Creek and access the Farewell Creek valleylands. • High density does not fit in with the existing neighbourhood. It detracts from their neighbourhood, and it will have a negative impact on their property values. 856 REPORT NO.: PSD-024-09 PAGE 5 • Some residents associate apartment buildings with social or rental housing and expressed concerns about anti-social behaviour and reduced property values. • Some feel that the development is not transit oriented because it does not front on Durham Highway 2 and many of the occupants will not use transit. • Residents indicated that they experience large volumes of traffic currently "shortcutting" through the Darlington Neighbourhood to and from Olive Avenue in Oshawa to the Durham Highway 2/Darlington Boulevard intersection. This causes problems for residents along Kingswood Drive, Edinborough Lane, Foxhunt Trail and Darlington Boulevard. A suggestion was made to close off Kingswood Drive. • The proposal will create additional traffic loads onto Darlington Boulevard and adjacent streets. Since Darlington Boulevard is relatively long and straight, some traffic tends to race through the neighbourhood now. • There are currently no sidewalks on Darlington Boulevard. Residents feel that their safety is being compromised by speeding traffic along this road. • Access for the development onto Darlington Boulevard is not preferred by area residents. They believe it could lead to shortcutting through the development. Residents would prefer to have this development only accessible by Durham Highway 2. Also, they want the developer to consider a connection from this site to the intersection at Centrefield and Durham Highway 2. Residents do not believe the traffic data is accurate or reliable. • Residents question how the lands would be serviced. • Several residents requested information on how the remaining lands on Darlington Boulevard would develop. • Residents question what the impact on their property taxes would be due to additional development in the area. • The proposed stormwater pond should be fenced. This is a safety issue. • Resident's questioned when the proposed development will be constructed, when will the Darlington Boulevard reconstruction occur and how much cost will be incurred by the existing resident's for the Darlington Boulevard reconstruction. Further discussion on these issues is contained in the Comments section. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 Site Characteristics The property at 43 Darlington Boulevard is currently vacant and includes two developable areas backing onto the properties on the east side of Darlington Boulevard containing tableland suitable for development. The development areas are bisected by a lower area, which transitions towards the Farewell Creek valley. The remainder of the property contains wooded valleylands associated with the Farewell Creek. The property is also bisected by a servicing easement in favour of the Region of Durham. 857 REPORT NO.: PSD-024-09 PAGE 6 The proposal also includes property at 15 Darlington Boulevard, which contains a single detached dwelling. This property is relatively flat and drains towards the east. 3.2 Surroundina Uses: East: Open space lands associated with the Farewell Creek North: Commercially designated lands, Durham Highway 2 and existing commercial and high density residential West: Residential lots on Darlington Boulevard South: Lower valley slope associated with the Farewell Creek 3.3 Neighbouring Development Applications There are two development applications located on adjacent properties as shown on the drawing below: • 2117412 Ontario Limited, north of the subject lands, has submitted a site plan application (SPA 2007-0002) for lands located at 1459, 1461, 1463 and 1465 Durham Highway 2 to develop a retail commercial centre with 3,281 m2 of retail and office floorspace. The proposal includes two free- standing buildings along Durham Highway 2 with a two storey building at the rear (south) of the property. The zoning in place at this time would permit this proposal • Pointe of View Developments (Stonecreek Pointe) Inc., east of the subject lands, has submitted a site plan application (SPA 2007-0010) for lands located at 1475 Durham Highway 2 to permit the development of 184 apartments units within three 4-storey buildings. The current Official Plan designation and zoning of this property permits this development. 858 REPORT NO.: PSD-024-09 PAGE 7 Staff would note that the residential proposal south of the stormwater management pond is only conceptual at this stage and no applications have been submitted to the Municipality. 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement identifies settlement areas as the focus of growth and supports residential intensification of vacant and underutilized property. The policies also promote a variety of higher density residential development within urban areas to provide lifestyle options for residents. Healthy active communities with a balance of recreational opportunities including facilities, parklands and open space are promoted. The natural areas of the property would be retained in their natural state and transferred to the Municipality of Clarington. The proposed development is consistent with the Provincial Policy Statement. 4.2 Growth Plan The Provincial Growth Plan promotes urban intensification of underutilized and vacant properties for intensive development. Emphasis is placed on intensification along major arterial roads to support transit use. Intensification along Durham Highway 2 promotes transit supportive development. Dedication of valley land and sensitive areas ensures that natural areas are protected and used for passive recreational uses such as walkways. The proposed development is consistent with the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan encourages efficient use of land for development, protection of significant natural features and their functions, and a mixture of housing by type, mix, and tenure. The application .conforms to the basic direction of this Official Plan. The Durham Regional Official Plan designates the subject lands as "Living Area". A variety of residential building forms are permitted within this designation. Since the Plan designates Durham Highway 2 as a transit corridor, residential intensification is encouraged along this arterial roadway. The application conforms to the policies. 5.2 Clarington Official Plan The Clarington Official Plan promotes the principle of healthy communities through opportunities for recreational and social well-being of our residents. Growth management policies promote protection of natural systems and compact urban form through intensification, higher densities and mixed use development. The application conforms to the basic directions of this Official Plan. The Clarington Official Plan designates the property "Urban Residential". The Clarington Official Plan also contains a "Neighbourhood Park" at the northern edge of the property, which was intended to include the subject lands as well as 859 REPORT NO.: PSD-024-09 PAGE 8 portions of neighbouring properties fronting Darlington Boulevard south of the commercial lands fronting Durham Highway 2. Park facilities are provided to the residents 'for enjoyment, recreational needs, and to promote healthy communities. Neighbourhood parks are provided on the basis of 0.8 hectares per 1,000 persons and shall have a size ranging between 1 to 3 hectares. There is a High Density symbol adjacent to the proposed development on Map A2, however, the 'Housing Target -Table 9-2' does not allocate units to this property. The applicant has submitted an application to amend the Clarington Official Plan for consideration of this proposal. The application has also requested that the "Neighbourhood Park" be removed to accommodate the proposal. In order to permit additional parking for the commercial property located at 1465 Durham Highway 2, the applicant proposes to adjust the boundary between the Courtice West Shopping District and Darlington Neighbourhood, by redesignating a strip of property from "Urban Residential" to "Mixed Use Area". 6.0 ZONING BY-LAW CONFORMITY 6.1 The application comprises two parcels, 43 Darlington Boulevard and 15 Darlington Boulevard. Zoning By-law 84-63 zones the subject lands portion of 43 Darlington boulevard as "Holding-Urban Residential Type One ((H)R1) Zone" and "Environmental Protection (EP) Zone". The western half of 15 Darlington Boulevard is zoned "Urban Residential Type One (R1) Zone", which recognizes the exiting single detached dwelling. The eastern half of 15 Darlington Boulevard, which is currently vacant, is zoned "Holding-Urban Residential Type One ((H)R1)". In order to permit more intensive development of these lands a rezoning application was submitted for consideration. 6.2 To permit additional parking for the commercial property located at 1465 Durham Highway 2, the applicant proposes to rezone a strip of property from "Holding-Urban Residential Type One ((H)R1) Zone" to General Commercial Exception (C1-39) Zone". This is also a component of the requested Official Plan amendment. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Planning Rationale The applicant prepared a planning rationale that examined the existing planning context, policy framework contained in the Clarington Official Plan, Durham Region Official Plan, Provincial Policy Statement, and the Growth Plan. The report concludes that the proposal can be supported on the following basis: • The proposal promotes efficient use of land through urban intensification and growth purposes. The development provides an alternative housing form within Courtice that will allow residents to move from low density housing to high density condominium apartments. 860 REPORT NO.: PSD-024-09 PAGE 9 • The property is located in proximity to Durham Highway 2 for transportation and transit access. • The development will be situated on the eastern edge of the property, providing appropriate distance separation to existing dwellings on Darlington Boulevard. • The development is consistent with local and upper tier policies on achieving compact development without affecting the human and natural environment. • The removal of the neighbourhood park alleviates a potential conflict between a neighbourhood park and the existing residents on the east side of Darlington Boulevard. A neighbourhood park in this location would not have frontage or direct access to a public road. Typically a neighbourhood park would be open to public view, have direct access by a public road and access to public transit. A neighbourhood park in this location could cause conflict with hours of use, lights, traffic, parking, etc. • Through the processing and subsequent approval of these applications, the Municipality will gain a property formerly known as 71 Old Kingston Road (0.46 ha (1.13 ac) as a trail head area for public access to the Farewell Creek valley. 7.2 Environmental Impact Study An Environmental Impact Study (EIS) prepared by Niblett Environmental Associates Inc. in 2002 identified the limits of development on the subject lands. The report provided recommendations for additional work to be completed prior to issuance of development approvals. An Environmental Impact Study - Addendum Report was prepared by Niblett also in 2007/2008. The Study determined that development of the subject site will not have a significant impact on the features and functions of the environmentally sensitive area provided that the development is located above the stable top of bank and setbacks as shown on site plans and defined in a geo-technical report confirmed by Geo-Logic. A number of recommendations resulted from the Addendum Report (a total of fifteen) and include: • There shall be restrictions on in-water work for the protection of fish habitats from March 15th to July 1St and from September 15tH to May 31St Therefore, all in-water work must be conducted between July 1St and September 15tH • The development limit shall be 6 metres from the stable top of bank line. A 5 metre setback from the dripline of the trees shall be implemented where it is not encompassed by the afore-mentioned 6 metre setback. This development limit shall become the new Environmental Protection zone line. • This development limit shall be staked and a silt and snow fence installed and maintained during all construction. • Site alteration, including grading and the removal or addition of fill, is prohibited below the development limit. The exception to this is the stormwater pond area. Specific precautions, detailed in the Addendum 861 REPORT NO.: PSD-024-09 PAGE 10 Report, shall be taken prior to, during and after construction of the stormwater pond. The stormwater outfall shall be designed in consultation with a qualified fisheries biologist and CLOC staff. Trails are permitted within the 30 metre setback from the creek, provided they remove a minimum of vegetation and are not an impervious surface. Trail access points shall prohibit the use of motorized vehicles. Municipal Staff and CLOC are satisfied with the results and findings of the Addendum Report. The recommendations of the EIS Addendum Report will be implemented through the rezoning and site plan applications. 7.3 Traffic Impact Analysis A traffic impact analysis was prepared as part of the original application submission and provides the following conclusions. The report assumed an annual 2% increase in background traffic levels on Durham Highway 2 and an annual 1 % increase in background traffic levels on Darlington Boulevard and Varcoe Road. The report concluded that: • The proposal should not impact the function and capacity of the intersection at Darlington Boulevard and Durham Highway 2. • The westerly commercial driveway on Durham Highway 2 will operate with no problems since only right turns are made in and out of the site. • Outbound traffic from the easterly driveway of the commercial block can expect a noticeable delay. This should not affect residential traffic since they can exit onto Darlington Boulevard to Durham Highway 2. Inbound traffic to the site from Durham Highway 2 will experience level "A" service in the a.m. period but level "D" service in the p.m. periods. • Generally, the proposed residential development is projected to have a negligible impact on area roads. As noted previously, residents of the area were not satisfied with the either the study assumptions or the study results. There were also several issues raised by Durham Region Works Department and Clarington Engineering Services. Additional field work and study was done to examine traffic infiltration in the Kingswood Drive area and the implications of further development on this traffic infiltration. This additional work was conducted in August and September of 2007. The August data collection was for traffic infiltration through the Kingswood Drive, Edinborough Lane, Foxhunt Trail and Darlington Boulevard road network and the September data collection was for traffic volumes at the Townline/Kingsway/Olive intersection. Although the summer traffic infiltration counts may be low due to vacations, the September counts would include usual traffic volumes. Adjustments to the August traffic data were made to increase the numbers to an annual representation. Both Durham Region Works and Clarington Engineering Services are now satisfied with the Study methodology, data collection, assumptions and results. 862 REPORT NO.: PSD-024-09 PAGE 11 Infiltration through the adjacent neighbourhood does occur, however it is a negligible amount in context of the carrying capacity of these local roads. The development of an additional 177 dwelling units in the high density development proposed will not have a negative impact in an engineering context on the roads functionality or capacity to carry traffic. Staff are aware of the residents concerns of the traffic infiltration in their neighbourhood. Although the infiltration rates are not high, there is also a speed concern for the through traffic. To reduce the impact of the proposed high density development staff have requested the applicant design the Darlington Boulevard entrance to direct traffic in a northward direction to the signalized intersection at Darlington Boulevard and Durham Highway 2, instead of permitting traffic egressing the subject site to flow southward along Darlington Boulevard and then to infiltrate the adjacent neighbourhood. Detailed design will occur through the site plan review process and staff are satisfied that an acceptable entrance design can be achieved. 7.4 Urban Design Overview An urban design overview was submitted with the proposal to outline the design approach of the application. The project is being designed in conjunction with the adjacent commercial block as one comprehensive development. The commercial component provides an urban edge to the streetscape with two street-related buildings. The residential component is situated on the eastern edge of the property and defined by the Farewell Creek valley, top-of-bank, and the Durham Regional servicing easement that diagonally bisects the property. The 8 storey section of the building is farther away from existing homes. The building steps down to 6 storeys as it curves southwest. The townhouse component represents a further transition in building height to the south and towards the valley. The position and size of the buildings minimize the visual impact and provide architectural interest. 863 REPORT NO.: PSD-024-09 PAGE 12 • The proposed buildings are sited to minimize their impact on the existing residential fabric. A continuous internal sidewalk will link the proposal through the adjacent commercial development to Durham Highway 2 and the future residential area to the south. The project is designed to allow neighbours an opportunity to redevelop or backlot the properties on Darlington Boulevard. 7.5 Shadow Calculations Shadow calculations have been prepared by the applicant, which show the shadows for various times of the year. While there will be some periods during the winter when shadows may affect existing residences on Darlington Boulevard, the shadows affect them for small periods of time during the morning hours. The proposal will cast longer shadows onto the commercial uses to the north and the valley areas. Generally, the proposal should not have a significant shadow impact on existing residences. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site. The notice area was extended to include all properties west to Townline Road and north to Durham Highway 2 at the bequest of residents at the June 2007 Open House. Two (2) public meeting notice signs were erected one (1) facing Darlington Boulevard and one (1) public meeting notice sign was erected facing Durham Highway2. Comments from general inquiries and written submissions received to date are summarized below: • The proposal will increase traffic levels in the area. Ability to turn onto Durham Highway 2 will be problematic. There is no appropriate intersection with traffic lights being developed. • The project is viewed as urban sprawl and contributing to the removal of green space from the urban environment. 864 REPORT NO.: PSD-024-09 PAGE 13 • There is insufficient parking being planned for the project, which will result in on-street parking and enforcement issues, as well as snow removal problems. • Crime rates will increase since people who live in these buildings typically do not supervise their children. • Emergency vehicles will not have adequate access to the development due to limited roads and awkward access provisions. • The privacy of single detached homeowners will be destroyed by people from the apartment building looking into peoples' homes and backyards. • Vehicular traffic will increase through the Darlington Neighbourhood as people short-cut through the area to get to Oshawa and Highway 401. This will affect the safety of area residents and their children. • There are insufficient schools in the area to accommodate the additional student load. • CLOC must be consulted to determine the environmental impact of the proposal on the floodplain. • There will be parking and pedestrian overflows from the Courtice Medical Centre on the north side of Durham Highway 2. • There is no local public transit along Durham Highway 2 able to accommodate commuting from the site into Oshawa or Bowmanville. • The proposed development will draw a certain socio-economic part of society not consistent with the residents of surrounding neighbourhoods. • Darlington Boulevard will be covered in mud from construction vehicles throughout the project's construction phase. These issues are discussed in Section 10 of this report. 9.0 AGENCY COMMENTS 9.1 The application has been circulated to a number of agencies for comment. Rogers Cable, Kawartha Pine Ridge District School Board and Durham Region. Transit have no objections to the proposal. 9.2 While the Clarington Emergency Services Department and the Building Division have no objections to these applications, their technical development issues will be addressed through site plan approval. 9.3 The Clarington Engineering Services Department have no objections to the proposed Official Plan amendment and zoning amendment to permit the high density development and stormwater pond. Outstanding technical issues will be resolved through the site plan process. 9.4 Bell Canada has no objections to the proposal but indicated that they may need a service easement to the subject lands. Further comments will be provided through the site plan process. 865 REPORT NO.: PSD-024-09 PAGE 14 9.5 Enbridge Gas Distribution Inc. has no objections to the proposal but requests that the developer discuss installation and clearance requirements for service and metering facilities. 9.6 Durham Region Staff find the application for Official Plan amendment and rezoning in conformity with provincial and regional plans and initiatives. The Regional Works Department had initial concerns regarding the traffic study, but concurred with the results of the additional work that was forwarded to their office in response to their concerns. The Region has stated that this application is exempt from Regional approval. 10.0 COMMENTS 10.1 Area residents have raised a number of issues with this proposal both at the Open House and through public submissions. The following discussion outlines how issues have been addressed to date. In other instances, certain issues will require resolution through site plan approval. 10.2 Traffic Issues The main issue of concern centres on traffic impacts the proposal may have on the surrounding road network. These issues include: • Traffic shortcutting through the Darlington Neighbourhood from Oshawa to avoid the Townline Road and Durham Highway 2 intersection and its effects on public safety; • Anticipated increase in traffic loads onto Darlington Boulevard and adjacent streets; • Traffic racing on Darlington Boulevard; • Traffic queuing problems at Darlington and Durham Highway 2; and • Lack of sidewalks on Darlington Boulevard. A number of these issues were examined through a traffic infiltration analysis (August 2007) and updated traffic count (September 2007). The traffic data and analysis was peer reviewed by the municipal traffic consultant and found that the combination of non-local traffic and estimated additional traffic from the new development is well below the capacity of the road sections making up the infiltration route. The Region also reviewed the new traffic data and have no further concerns with traffic impacts from this development. The traffic study identified the intersection at Darlington Boulevard and Durham Highway 2 as operating at no poorer than a Level B service, and therefore not having queuing issues. When the re-construction of Darlington Boulevard is undertaken, it will be to a urban local road standard, which has a sidewalk on one side. Residents have stated that currently cars use excessive speed on Darlington Boulevard due to its straight, long, narrow configuration. The Municipality will examine traffic calming measures during the design phase of the Darlington Boulevard reconstruction. 866 REPORT NO.: PSD-024-09 PAGE 15 10.3 Public Notification The Planning Act requires that notification of a public meeting be provided to property owners within 120 metres of an application. In response to complaints by residents living beyond this area, public notification was mailed to each landowner both within 120 metres of the subject site and all properties west to Townline Road and north to Durham Highway 2. Public meeting notice signs were also erected facing Darlington Boulevard and Durham Highway 2. Notice for the second Open House also was given to resident's of the extended area to Townline Road. 10.4 Loss of Green Space Area residents on the east side of Darlington Boulevard, some for decades, have enjoyed the views and open space of this property in its undeveloped state. The proposed development is situated on table lands designated for development purposes. The proposal has evolved to address issues of view corridors and minimizing impacts on privacy for existing residences on Darlington Boulevard. It should be noted that only five houses will directly back onto the apartment building site. The applicant is required to dedicate the valleylands, along with a 6 metre buffer, as identified through the Environmental Impact Study to the Municipality. The dedication of these valley lands will allow the Municipality to further its walking trail plans through the Farewell Creek valley, channelling movements through the valley and protecting sensitive areas. Access to the Farewell Creek valley has historically been through trespass over private property. The Municipality will acquire from the applicant, through the approval of these applications, a property known municipally at 71 Old Kingston Road. The applicant purchased this property with the intention of providing the Municipality with a trailhead area and access point for the Farewell Creek valley. Residents of the Municipality will be able to access this property from Old Kingston Road and in time a parking area will be provided. This acquisition will improve all residents use and enjoyment of the Farewell Creek valley. The Municipality will also acquire a 0.5 ha park, adjacent to the proposed stormwater management pond for this site. This pond is being designed to become an amenity feature for this neighbourhood area and the adjacent parkland will provide a visual connection to this pond area as well as a physical link to the future trail system within the Farewell Creek valley. 10.5 Public Perception of High Density People have associated high density housing forms with social or rental housing, neighbourhood denigration, increased crime rates, and a reduction in property values. At the Open House, the applicant presented the project profile, indicating that the development will be marketed towards more affluent retirees by virtue of the unit size and price scheme. The applicant also suggested the building materials and project finish are expected to be high in calibre. The applicant has advised the 867 REPORT NO.: PSD-024-09 PAGE 16 tenure of the project will be condominium not rental. A condominium application has not been submitted at this time. 10.6 Lack of Public Transit Some residents believe that the development is not transit oriented because it does not front on Durham Highway 2. Others feel that many of these residents won't use transit because of convenience or because connections aren't easy for commuting purposes. While the project is setback from Durham Highway 2, this project is considered to be transit supportive due to its proximity to the Durham Highway 2. Although many of the residents may not use transit for trips or commuting purposes, it provides them with the opportunity to use transit should they wish to do so as transit service improves. There are both east and westbound transit stops on Durham Highway 2, within approximately 400 metres of the proposed front door location of the high density building on the subject site. Walkability is considered to be most successful at distances approximately 500 metres or less. Thus, staff consider this development to be transit supportive. 10.7 Parking and Access Area residents expressed concerns the proposal will create on-street parking problems on Darlington Boulevard while the proposed access from Darlington Boulevard will result in additional traffic on Darlington Boulevard. The current development proposal indicates 346 parking spaces which is an excess of 82 parking spaces above the minimum requirements of the Zoning By- law (254). The proposed zoning by-law amendment requires the development to provide 330 parking spaces for the 177 high density units as well as 14 spaces for the townhouse units. 258 of these spaces are shown underground and an additional 88 surface parking are provided to accommodate the needs of its residents as well as visitors. There should not be any on-street parking problems caused by the proposed development on Darlington Boulevard. The proposed driveway from Darlington Boulevard is intended as an alternate access and egress for residents and emergency vehicles. In particular, west bound movement would benefit from the traffic signals at Durham Highway 2 and Darlington Boulevard. Since only residents of this development will be able to use the driveway from Darlington Boulevard, short-cutting through the development by the general public will not be an issue. 10.8 Environmentallmpacts As discussed in Section 7.2, the Addendum Report to the 2002 Environmental Impact Study was completed by a consultant chosen and retained by the Municipality. The Municipality is satisfied with the conclusions and recommendations contained within the Addendum Report. There will be no anticipated adverse impacts upon the Farewell Creek and its associated vegetation, wildlife and valleylands caused by this proposal. 868 REPORT NO.: PSD-024-09 PAGE 17 10.9 Area Servicing The proposal will largely be dependent upon the reconstruction of Darlington Boulevard for municipal services. In turn, the reconstruction of Darlington Boulevard is also contingent on the proposal for storm sewer capacity within the stormwater management facility within the development, which is being oversized to accommodate Darlington Boulevard reconstruction. This project cannot proceed until Council budgets for these works. 10.10 Infill Potential for Darlington Boulevard Properties A number of residents with property on the east side of Darlington Boulevard requested information on how their rear yards could be developed. The applicant presented two intensification scenarios for small single detached dwellings based on a public road system and a private condominium road system. An assembly of rear yards or the entire properties will require co-operation amongst the different landowners. 10.11 Existing School Capacity The school boards were requested to comment on the application through the review process. Comments were received from the public school board which has no objection to the proposed development. High density development typically generates a lower student load than low density development. 10.12 Park Land The applicant requested deletion of the Neighbourhood Park designation located south of Durham Highway 2 and east of Darlington Boulevard as part of the Official Plan amendment application. To address the parkland issue within the area the applicant proposes the acquisition and dedication to the Municipality of 71 Old Kingston Road. This property is located south of Durham Highway 2 and is 0.46 ha (1.13 ac) in area. It is proposed that this property serve as a trailhead area to the Farewell Creek valley and provide an opportunity for access to the valley lands. In future a parking area could. be constructed by the Municipality. In addition, the applicant shall convey a 0.5 ha (1.24 ac) parcel of tableland to the Municipality fora parkette. This parkette block will be east of Darlington Boulevard and adjacent to a stormwater management pond for the proposed residential development. The stormwater management pond will be designed as an amenity feature. The parkette will also function as an access to the future trail system in the Farewell Creek valley. In the immediate future the parkland will be accessible from the Farewell Creek valley, however, the current landowners are contemplating a small subdivision development which would provide road access and frontage to this parkland. In total, the Municipality will acquire 0.96 ha of land for park purposes from the applicant. The 0.96 ha is over and above the valley land dedication. The Official Plan states that parkland be provided at a ratio of 0.8 ha per 1,000 persons. The Darlington Neighbourhood contains the Foxhunt Park which is approximately 0.77 ha, the new parkette to be conveyed which is 0.5 ha, and 71 Old Kingston Road which is 0.46 ha. This gives the Darlington Neighbourhood a total of 1.73 ha of parkland, not including any valleylands associated with the Farewell Creek valley. Based on the future Neighbourhood population of 2400, the Darlington 869 REPORT NO.: PSD-024-09 PAGE 18 Neighbourhood would require approximately 1.92 ha. Although this is deficient by 0.19 ha, the Darlington Neighbourhood has the advantage of the Farewell Creek valley being located within its bounds. The Municipality has been acquiring the Farewell Creek valleylands for a number of years as development occurs. The Municipality uses valleylands for public recreational purposes and to ensure the protection of the valleys from negative impacts of development. Staff finds that the Darlington Neighbourhood will provide adequate parkland, with connections and access to the open space system of the Farewell Creek through trails and paths and will provide the residents with opportunities for both passive and active recreational activities. The Municipality also achieves an excellent opportunity to create a gateway access to the Farewell Creek valley for the residents of Courtice. Although typically parkland dedication occurs at site plan or subdivision approval, the acquisition of these lands for park purposes shall be required, at the approval of the Official Plan amendment which deletes the Neighbourhood Park. On July 16, 2008, Council passed By-law 2008-150 authorizing the execution of an agreement between the Municipality of Clarington and the applicant to facilitate the acquisition of 71 Old Kingston Road. The background and resolution associated with By-law 2008-150 did not address the advance acquisition of the valley land and the above referenced 0.5 ha parkette. Since the developer is willing to transfer these additional lands in advance of development and, in consideration of the applications being considered by Council, it is recommended that Council's position be amended to recognize the Agreement provides for the parkland requirements of SPA 2007-0002, COPA 2007-0002 and future development of the remnant lands south of the 0.5 ha parkette. The Agreement provides for the following: i. the acquisition of 71 Old Kingston Road as approved in July 2008; ii. the transfer of the valley lands associated with the subject application as condition of Official Plan amendment; and iii. the dedication of the 0.5 ha parkette abutting the stormwater management block, east of Darlington Boulevard. An agreement to this effect has been prepared by the Municipality and reviewed and agreed to by the applicants. 10.13 Adjustment to the Courtice West Shopping District Boundary The applications for Official Plan amendment and Zoning By-law amendment include an adjustment to expand the Courtice West Shopping District boundary, the corresponding "Mixed Use Area" secondary plan designation and the zoning (General Commercial Exception (C1-39) Zone). The abutting parcel to the north, known as 1459 - 1465 Durham Highway 2 is subject to an application for site plan for a commercial plaza. The amount of commercial floor space dictates the ultimate parking required. The applicant indicated twenty-six (26) parking spaces would be accommodated by obtaining land from the subject parcel (43 Darlington Boulevard). Pending the approval of the Official Plan amendment and Zoning By-law amendment, the applicant will submit a land division application severing the lands required for the twenty-six parking spaces to be melded with the 870 REPORT NO.: PSD-024-09 PAGE 19 commercial plaza property. The expansion of the Courtice West Shopping District boundary, corresponding "Mixed Use Area" designation and zoning is the specific location and size needed to accommodate the twenty-six (26) parking spaces. Building permits for the total commercial floor area will not be issued until such time as the Official Plan amendment and zoning are final. 10.14 High Density Development By way of these applications, the proponent is requesting a change in the density of development for this property, to high density with 120 units per net hectare. As noted earlier in the report, Provincial Policy requires new development to occur at much higher densities than historically were established. The achievement of these higher density targets reduces the future expansion of the urban area boundaries into protected agricultural and environmental areas, utilizes existing road networks and their carrying capacity to a greater extent and encourages the use of public transit. It is the Municipality's task to ensure that the new density targets are met but also that they are sensitive to existing development. These applications seek to locate high density development in close proximity to Durham Highway 2, which is a Regional Transit Spine and is designed to carry high volumes of both public transit and private transport. The development is also adjacent to a proposed commercial plaza which will provide goods and services to the residents and in turn they will provide support to the commercial plaza. Zoning Setbacks To assist in reducing the effects of the proposed change to both existing residents to the west and sensitive environmental features located to the east, the attached Zoning By-law sets out a variety of setbacks. The Zoning By-law will maximize the separation distance between the high density and low density, and locate the 8-storey portion of the high-rise building furthest from the existing low density. The proposed zoning also does not permit any encroachment into the environmentally sensitive areas and includes a 6 metre buffer area for additional protection. Parking As noted earlier, parking is contained entirely on-site, with the majority located underground. Given the abundance of parking provided with the proposed development and distance of the high-rise and townhouse buildings from Darlington Boulevard, no overflow parking should occur. Removal of Holding Symbol The amending Zoning By-law proposed for this site was tailored specifically to the proposed plans submitted by the applicant and to address the resident's concerns with the proposed plans. The Clarington Official Plan states that the Holding Symbol may be used to ensure that, among other things, measures to mitigate the impact of development are in place. The removal of the holding (H) from the zoning has been made contingent on the following items: i) A site plan agreement for high density uses is executed with the Municipality; 871 REPORT NO.: PSD-024-09 PAGE 20 ii) Driveway access to Darlington Boulevard is to the Municipality's satisfaction; iii) Noise mitigation is to the Municipality's satisfaction; and iv) Any necessary cross-access easements for access to Durham Highway 2 are created to the satisfaction of the Municipality. 10.15 Future Development The proposed Zoning By-law does not preclude existing landowners fronting on the east side of Darlington Boulevard from contemplating future development themselves. The location of the high-rise building and the townhouses are sited further to the east to allow for future development of the rear yards, if the Darlington Boulevard resident's desire. 10.16 The attached Zoning By-law amendment will implement the proposed Official Plan amendment requirements of the Environmental Impact Study, and permit the approval of a site plan application to permit the development of an apartment building and townhouse units. Although the application included lands at 15 Darlington Boulevard, the zoning on this portion of the property will not be amended at this time as details of the development of three single detached dwellings have not been resolved. At this time, 15 Darlington Boulevard will remain as a secondary access to the high density site in behind. 11.0 CONCLUSIONS 11.1 At this time, the applications have been reviewed in consideration of the comments received from circulated agencies and area residents, the Regional and Caarington Official Plan and Zoning By-law. In consideration of the comments contained in this report, Staff respectfully recommend the proposed Official Plan amendment contained in Attachment 3 and the proposed zoning amendment contained in Attachment 4, be APPROVED. Attachments: Attachment 1 -Key Map Attachment 2 -Concept Plan Attachment 3 -Proposed Official Plan Amendment Attachment 4 -Proposed Zoning By-law Amendment Interested parties to be notified of Council's decision: Murray Evans, Evans Planning Alan Hirschfield, UD+D Inc. Hannu Halminen, 1276467 Ontario Limited Jeff Goldman Kerry Meydam Helen & Gordon Perry Joe Gerrits Clayton Self John Haig Laura & Ed McBain Libby Racansky Ed Taylor Flora Curtis Josee & Allan Lapp April Duchene 872 REPORT NO.: PSD-024-09 Eva & Roman Zydownyk Judy Madge Dorean & Gordon Baker Leslie Noble Marilyn Jones Brenda & Ronald Harris Edward Rodesky Erhard Tutte Joan Mahaffy Sandra & Neil Boyde Lori Ann Miehm Virginia Crimi Alison Gorham Jim Vinson Faye & Joseph Button Andrea Hutchings & Steve Watts Debra & Jim Miles Krista & Clarke Stainton Dora Sacco Sheila & John Costanzi Linda Edgerton & Barry Schmidt Donna.& Ken Anderson Mark Foley Janet & Mark Hamilton Caterina & Terry Dowdle Helene Strickland Cheryl Carter & Terry DeYoung Maria & Salvatore Bianco PAGE 21 Ann & David Cowman Jean & Antonio Tartaglia Maria & John Brouwer Pat & Alfred Parker Joseph Rocca Reginald Vermeersch Paula & Bruce Thompson AI Milley Ana & Antonio Quaresma Voula Gascoigne & Tom Powers Bob Keating Joy Ryan Keith Hodgson Grant Reid Peggy & Ron Frank Ken Bunner Christine Raby & Jeff Shemilt Bob McDonnell J. Dale Louis Kaye Ralph Trauzzi Serge Giroux Matt Akey Kevin Segriff Marina Shane Blanca Arteaga Todd Ricketts Sylvia Sharafi 873 A lL__V ~___L i Attachment 2 To Report PSD-024-09 __ _ . ~~RHgM HIGH-Ngy 2 ~ ; III~~ 1II Il I I I TTU n ~! !~ U fTT1TfV , 1276467 ONTARIO LIMITED CO PA 2007-0002 & ZBA 2007-0005 ~ 6 To 8 Storey Apartment Building, ~, and Townhouse Building o > .. ~ w J m Z O F- Z J STORM WATER POND Q 1 ~ ~ CONCEPT PLAN 875 Attachment 3 To Report PSD-024-09 AMENDMENT NO. 66 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this Amendment to the Municipality of Clarington Official Plan is to permit the development of the northerly 1.90 hectares of the subject lands with a six to eight storey condominium apartment building containing 177 units, and a six unit condominium townhouse building, accessed by a condominium road. This amendment designates land for High Density Residential purposes, deletes the Neighbourhood Park and re-designates a strip of land at the north limit of the property for parking to be used by the adjacent commercial development. Amendments are required to the High Density Residential policies, Land Use Schedule, the Courtice West Shopping District Secondary Plan Land Use Schedule and the population/unit count tables of the Municipality's Official Plan. BASIS: The land use implemented by this Amendment to the Municipality of Clarington Official Plan is an appropriate use of the subject land and will result in the creation of an additional/alternative form of residential housing to the local community. The proposed development is located in close proximity to a major arterial road allowing for good access to the arterial road and public transit networks. Development in conjunction with the abutting commercial project to the north permits increased interaction between residents, retail, and services while providing for pedestrian friendly opportunities. The location of the proposed residential development being in proximity to the open space lands provides for a high aesthetic quality of life for residents of the development. The design of the proposed residential development incorporates a tiered design and reasonable height to minimize the visual impact while respecting existing neighbouring uses. The development is designed in a compact, urban form which will efficiently use municipal infrastructure. The design is coordinated with a commercial project contemplated for lands to the north, resulting in a land use which is an alternative form of a mixed use project. This enables residents of the condominium site to utilize nearby commercial and office opportunities. The 0.5 hectare parkette located within the landholding will provide amenity space for future residents of the buildings and can be used in conjunction with the extensive open space system abutting the site to the east. 876 ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: 1.1 The Land Use Map for the Courtice Urban Area (Map A2) of the Municipality of Clarington Official Plan is hereby amended by adding a "High Density Residential" designation, extending the Courtice West Shopping District designation southerly, and deleting the "Neighbourhood Park" designation as shown on Schedule `A', revised Land Use Map "A2" attached hereto. 1.2 The Neighbourhood Planning Units map for the Courtice Urban Area (Map H1) of the Municipality of Clarington Official Plan is hereby amended by increasing the population for the "Darlington" Neighbourhood from 2,100 to 2,400 as shown on attached Schedule `B', the revised Neighbourhood Planning Units, Map H1" 1.3 That Footnote (ii) be added to Table 9-1 as follows: "(ii) Notwithstanding the above, a 1.52 ha parcel at 15 Darlington Boulevard may have a maximum net density not exceeding 121 units per net hectare and a maximum height of 8 storeys" 1.4 By amending Table 9-2, Housing Targets by Neighbourhoods by: a) Adjusting the housing targets for the Darlington Neighbourhood (N10) as follows: High Density -from "0" to "175", Intensification -from "383" to "375" -and Total -from "858" to "1033" - and - b) By adjusting the Totals for Courtice area as follows: High Density -from "375" to "550", Intensification -from "2033" to "2025" Total -from "12,918" to "13,085" So the appropriate lines of Table 9-2 read as follows: Tafjle 9-2 Housing Targets by Neighbourhoods Urban Area Housing Units Neighbourhoods Lowe Medium High Intensification Total Courtice N10 Darlington 450 25 175 375 1025 TOTAL 8775 1735 550 2025 13,085 1.5 Map 'A' to the Courtice West Shopping District Area Secondary Plan shall be amended by extending the 'Mixed Use Area" designation and the boundary of 877 the Courtice West Shopping District southerly and deleting the `Park' reference as shown on Schedule `C' attached hereto. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as amended, regarding the imp-ementation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. 878 Schedule "A", To Official Plan Amendment No. 66 ,I N W~ F S 0 D Q Expand "Courtice West Shopping Delete "Neighbourhood District -Secondary Planning Area" Park Symbol" W Z J Z O H Schedule "B" To Official Plan Amendment 66 r- -- ~ ~1 I FAR *) 1 r. - _ _ _~ 1 I 4 1 W RDEN HIGHLAND 5 ~ 00) (4100) 6 0 N G ~ 100 COCK z ASH ROAD (2900) '_ 1 C~R~CTE B KING STREET 10 ~ OARLINGTO 8 ~- 1 TOWN CENTRE (600 I (2100) 7 ~ EMILY STO AVONDALE INCREASE TO (s D) (3600) t ~ (2400) 9 o o --- URBAN BOUNDARY ~ FOUND ~ 3500 ~ ~ ~ NEIGHBOURHOOD BOUNDARY ( ) a 0 0 ~ 1 ~ (1000) POPULATION ~ ~ ~ ~ I~ (*) SEE SECTION 17.6 a to ~ z BLOOR STREET 3' 11 of BAirvlEw , (a5oo) I N I 1 1 I ~ 0 200 400 600 800 m 200 m 1 ' _ '° a o ~ BASELINE ROAD HIGHWAY 407 I Z ~.~ ~~~ 1 c~ I R MAP H1 I NEIGHBOURHOOD PLANNING UNITS 1 COURTICE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON JANUARY 2, 2007 LAf(E O/VI/I/~/D REFER TO SECTIONS 5 AND 9 THIS CONSOLIDATION IS PROVIDED FOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIfIGTIONS AND APPROVALS 880 Schedule "C" To Official Plan Amendment 66 NASH ROAD C BRIDLE COURT G„~ AM HI GNP 0 0 N N O J m } ~' ~' W 2 U °°,~ ~- Q O W Z J Z 3 0 KINGSWAY GATE ea" Delete "Park" 0 50 100 150 m 50 m MAP A LAND USE ~ ~ ~ COURTICE WEST SHOPPING DISTRICT °o°oa°oo°o MIXED USE AREA COURTICE WEST GENERAL COMMERCIAL AREA .... INTERNAL LANEWAYS SHOPPING DISTRICT SECONDARY PLAN JANUARY 2, 2007 OFFlCE COMMERCIAL AREA • • • • • • PEDESTRIAN WALKWAYS THIS CONSOLIDATION IS PROVIDED fOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIFIG110NS AND APPROVALS CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to adopt Amendment No. 66 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the addition of a High Density designation, an increase in neighbourhood population targets, and the deletion of a Neighbourhood Park. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 66 to the Clarington Official Plan being the attached Explanatory Text and Map is hereby adopted; and 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 882 Attachment 4 To Report PSD-024-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2007-0005; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 15.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE TWO (R4)) ZONE" is hereby amended by adding a new "Urban Residential Exception (R4-30) Zone" as fo-lows: "15.4.30 URBAN RESIDENTIAL EXCEPTION (R4-30) ZONE Notwithstanding Sections 15.2a., 15.2c., 15.2e., 15.2f., and 15.28., on those lands zoned "R4-30" on the attached Schedule to this By- lawshall be subject to the following zone regulations: Definitions i) Underground Parking Structure Shall mean a part of a building which is provided and maintained for the purpose of parking vehicles, which is generally located below finished grade and shall include parking spaces, parking aisles and access ramps, common areas for stairs and elevators, storage areas for tenants, and mechanical rooms. b. Permitted Uses: i) apartment building ii) townhouses c. For the lands zoned "R4-30" the following regulations shall apply: i) Lot Coverage (maximum) 25% ii) Landscaped Open Space (minimum) 40% iii) The maximum height of any retaining wall on the property shall be 1.5 metres. iv) A landscape strip a minimum of 3.0 metre in width is required along the north end save and except for the driveway. For the apartment building the following regulations shall apply: i) Dwelling Units (maximum) 177 units ii) Yard Requirements (minimum) a) Westerly setback to adjacent Residential Zone 14 metres b) Northerly setback to C1-39 zone 7 metres c) Easterly setback 9 metres d) Setback to "EP" zone limit 25 metre e) Setback to townhouse located on the same property 20 metres 883 Building Area Coverage (maximum) 2900 m2 iv) Building Height (maximum) 8 storeys, not including rooftop mechanicals or a mechanical penthouse, of which a minimum of 50% of the total building footprint shall not exceed 6 storeys, excluding rooftop mechanicals or a mechanical penthouse. v) Parking Spaces (minimum) 330 vi) Underground Parking Structure Yard Requirements (minimum) a) Westerly setback to adjacent residential zone 1 metre b) Northerly setback to "C1-39" zone 1 metre c) Easterly setback 9 metres d) Setback to "EP" zone limit 25 metres vii) Notwithstanding Section 15.4.30 f)i), air intake or exhaust shafts constructed in association with the underground parking structure may be permitted to project to a maximum of 1.2 metres above adjacent finished grade and to a maximum of 0.5 metres into any required yard. viii)An outdoor amenity area, a minimum of 1400 m2, for the apartment building shall be located on the roof of the 6 storey portion of the apartment building. e. For the townhouse building the following regulations shall apply: i) Townhouse Dwelling Units (maximum) 6 units ii) Yard Requirements (minimum) a) Westerly setback to adjacent residential zone 28 metres b) Setback to apartment building located on the same property 20 metres c) Setback to "EP" zone limit 3 metres iii) Building Height (maximum) 10.5 metres iv) Parking Spaces (minimum) 12 v) Location of Parking Spaces A maximum of 30 metres from any exterior wall of the townhouse units vi) Visitor Parking Spaces (minimum) 2 vii) Building Area Coverage (maximum) 500 mz 2. In addition to the provisions of Section 3.11, those lands zoned "R4-30" on the Schedules to this By-law shall be subject to the following: a. The Holding symbol shall only be removed from the Urban Residential Exception (R4-30) Zone when the following provisions are met: i) A site plan agreement for high density uses is executed with the Municipality; ii) Driveway access to Darlington Boulevard is to the Municipality's satisfaction; iii) Noise mitigation is to the Municipality's satisfaction; and iv) Any necessary cross-access easements for access to Durham Highway 2 are created to the satisfaction of the Municipality. 3. 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) Zone" to "Holding -Urban Residential Exception ((H)R4-30) Zone"; 884 "Holding-Urban Residential Type One ((H)R1) Zone" to "Environmental Protection (EP) Zone"; "Holding -Urban Residential Type One ((H)R1) Zone" to "General Commercial Exception (C1-39) Zone". As illustrated on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of the By-law. 5. This By-law shall not be deemed to come into force on the day it was passed until the amendment to the Official Plan Amendment comes into effect. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 885 This is Schedule "A" to By-law 2009- , passed this day of , 2009 A.D. DU a~~~~o 9ftiHNB - RHAM HICHw AY ? ~'~ (~ °~ J 0 m Z O CJ z J ~~ ~ ~ ~ j~ }~( '~!' ~ ~/' ~ ~ ~ ~ V V ~ ~ ~ ~ ~ ~ ~ „ •. ~.. + ~iY. ~` ~~•~ '~' ~ ZBA2007-0005 ~'`~>~_'~= Zoning To Remain "EP" ®Zoning Change From "(H)R1" To "(H)R4-30" ®Zoning To Remain "R1" ~ Zoning Change From "(H)R1" To "C1-39" ®Zoning To Remain "(H)R1 ®Zoning Change From "(H)R1" To "EP" Jim Abernethy, Mayor COURTICE Patti L. Barrie, Municipal Clerk 36 • ar.~ n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2009 Report #: PSD-025-09 File #: S-C-2008-0001 By-law #: Subject: APPLICATION FOR DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF THREE INDUSTRIAL BLOCKS APPLICANT: ONTARIO POWER GENERATION INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-025-09 be received; 2. THAT the application for proposed Draft Plan of Subdivision S-C-2008-0001 submitted by Ontario Power Generation Inc. be APPROVED subject to the conditions as contained in Attachment 3; 3. THAT the by-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2008-0001 and the Municipality of Clarington be APPROVED as contained in Attachment 4; 4. THAT the Region of Durham Planning Department and the Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: ~,.J ~~ D id J. C o e, M Franklin Wu, Director of Planning Services Chief Administrative Officer TW/CP/df 17 February 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 887 REPORT NO.: PSD-025-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Ontario Power Generation Inc. 1.2 Proposal: The proposed Draft Plan of Subdivision includes three blocks for industrial development and a block for the widening of Highway 401 associated with the proposed Highway 407 interchange. 1.3 Area: 24.91 hectares (61.55 acres) 1.4 Location: The subject lands are located within the Clarington Energy Park, south of Highway 401 and South Service Road and east of Osborne Road (Attachment 1). 2.0 BACKGROUND 2.1 On August 8, 2008 Sernas Associates, on behalf of Ontario Power Generation Inc. Limited, submitted a draft plan of subdivision application. This application would permit an industrial subdivision containing three industrial blocks, and a block for the proposed Highway 407 interchange. The applicant intends to develop the site with administrative office building(s) and facility/building(s) related to the Darlington Nuclear Generating Station. 2.2 The following studies and reports were submitted in support of the application: • Phase One and Two Environmental Site Assessment Report • Functional Servicing Report • Traffic Impact Study • Stage I &II Archaeological Assessment • Geotechnical Investigation (Soils Report) These reports have been circulated to the appropriate agencies for review and comment, and are discussed in Section 7 of this report. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject site is currently vacant and was previously used for agriculture. The site slopes gently from north to south. 3.2 The surrounding uses are as follows: North: South Service Road and Highway 401 South: Industrial -automobile recycling facility East: Agricultural/Public Utility West : Vacant industrial (proposed site of Region's Energy-from-Waste facility) and automobile auction facility 888 REPORT NO.: PSD-025-09 PAGE 3 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The application is consistent with the Employment Area policies of the 2005 Provincial Policy Statement (PPS). Planning authorities are required to promote economic development and competitiveness by: • providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses) to meet long-term needs; • providing opportunities for a diversified economic base, including maintaining a range and choices of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; • planning for, protecting and preserving employment areas for current and future uses; and • ensuring the necessary infrastructure is provided to support current and projected needs. 4.2 Provincial Growth Plan The Provincial Growth Plan stresses the importance of ensuring an adequate supply of land for a variety of appropriate employment uses. Municipalities are encouraged to designate and preserve lands within settlement areas in the vicinity of existing major highway interchanges, for manufacturing, warehousing, and associated retail, office and ancillary facilities, where appropriate. In planning lands for employment, municipalities will facilitate the development of transit-supportive, compact built form and minimize surface parking. Greenfield areas are required to achieve a minimum density target not less than 50 residents and jobs combined per hectare. They are to be planned, and designed in a manner that: • contributes to creating complete communities; • creates street configurations, densities, and an urban form that supports walking, cycling, and the early integration and sustained viability of transit services; • provides a diverse mix of land uses, including residential and employment uses, to support vibrant neighbourhoods; and • creates high quality public open spaces with site design and urban design standards that support opportunities for transit, walking and cycling. 889 REPORT NO.: PSD-025-09 PAGE 4 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan The lands are designated as Employment Area within the Durham Regional Official Plan. Lands designated as Employment Area permit the development of Business Parks comprising of corporate offices oriented to and serving the business community, research and development facilities and light industries. The proposed uses appear to conform to the Plan. 5.2 Clarington Official Plan The subject lands are designated as Business Park in the Clarington Official Plan and Prestige Employment Corridor and Light Industrial 1 within the Clarington Energy Business Park Secondary Plan. The proposed Energy Drive is designated as a Type C Arterial. The remaining streets will be classified as Local Roads. Both the Prestige Employment Corridor and Light Industrial 1 designations support the development of business offices, which is consistent with the applicant's proposal. The proposal will be reviewed in accordance with the urban design guidelines prepared for the Clarington Energy Business Park Secondary Plan. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned "Holding - Energy Park Prestige ((H) MO2)" and "Holding -Energy Park Light Industrial ((H) ML1)". A Zoning By-law amendment to remove the Holding symbol will be required in order for development to proceed. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Phase I and II Environmental Site Assessment Report The Phase I Environmental Site Assessment Report (ESA) identified potential on-site subsurface impacts from the possible historical use of pesticides/herbicides and/or biosolids during historical agricultural practices. The possible historic presence of a heating oil above-ground storage tank or underground storage tank associated with the former buildings present between approximately 1931 and 2000 and located at the northwest section of the Site must be examined. The Phase II Environmental Site Assessment examined water and soil samples from six boreholes established on site. No soil or groundwater exceedances were observed on the site with respect to the potential issues of environmental .concern identified in the Phase I ESA. Both the Phase I and II Environmental Site Assessment Reports were prepared by Pinchin Environmental on June 8, 2007. 890 REPORT NO.: PSD-025-09 PAGE 5 7.2 Functional Servicing Report The Functional Servicing Report prepared by Sernas Associates in August 2008 outlines how the servicing of the OPG lands will be achieved. Sanitary sewers from an existing inlet on the north side of the CNR will be extended along Osborne Road to Energy Drive. The watermains will be extended from the Courtice Water Pollution Control Plant along the CNR to Osborne Road and onto Energy Drive. A minor storm sewer system can be provided from Osborne Creek south of Osborne Road west of Solina Road. 7.3 Traffic Impact Study A Traffic Impact Study prepared by Sernas Transtech was prepared in August 2008 and subsequently revised in December 2008 in response to comments received by the Region of Durham and the Ministry of Transportation. The study concluded that there will be nominal impacts on local roadways once improvements are made to Courtice and South Service Roads. The study will require a further update to address the specifics of the required improvements at the submission of each site plan application for the lands. 7.4 Stage I & II Archaeological Assessment Archaeological Services Inc. prepared a Stage I & II Archaeological Assessment in November 2007 which determined that the site exhibited the potential for the presence of archaeological resources due to its proximity to other registered archaeological sites, and the presence of a seasonally active creek in the vicinity. The Assessment found one precontact findspot which was considered clear of any further archaeological concern. The assessments concluded that if any evidence of archaeological sites or human remains are encountered during construction, the applicant is required to contact the Ministry of Culture and/or Ministry of Consumer and Business Services (Cemeteries Regulation Unit). 7.5 Geotechnical Investigation (Soils Report) The Geotechnical Investigation Report prepared by Toronto Inspection Ltd. on May 25, 2007, provided a summary of the subsurface soil conditions and provided recommendations for site preparation, excavation, foundation design, and pavement construction etcetera. The report is considered preliminary and should be revised once the design of the site is finalized. This will occur during the site plan review process. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed on the property. No inquiries on the application were received at the time of writing this report. 891 REPORT NO.: PSD-025-09 PAGE 6 9.0 AGENCY COMMENTS 9.1 Hydro One, Rogers Cable, and Clarington Emergency & Fire Services, offered no concerns or objections on the proposal. Enbridge Gas Distribution Inc. and Bell Canada offered no objections on the proposal and asked that standard conditions be included in the conditions of draft approval. 9.2 Comments provided by the Ministry of Transportation (MTO) have been addressed through the inclusion of Conditions of Draft Approval and the acceptance of the Functional Servicing Report. The MTO's main concern was securing the ability to redefine the south limit of Block 4 based on the final property limit requirements for the Highway 407 East Durham Link interchange and South Service Road. A condition of draft approval agreed to by the applicant allows for this. 9.3 The Central Lake Ontario Conservation has no objections to the approval of the Draft Plan of Subdivision. It was noted that the proposed development must conform to the requirements of the final Master Drainage Plan (MDP) for the Energy Park, currently being completed by the Municipality of Clarington. The subject site straddles two watersheds, the Tooley Creek and a smaller watercourse which drains directly to Lake Ontario, commonly referred to as Osborne Creek. Central Lake Ontario Conservation Staff note that water quantity control will be required, as stormwater drainage from the site will ultimately pass through the existing culverts under the CN Railway located to the south. Further, stormwater drainage directed to Tooley Creek is required to have Level 1 (Enhanced) water quality controls. Storm drainage directed to Osborne Creek would require Level 2 water quality treatment prior to discharge to the receiving watercourse. The submitted Functional Servicing Report proposes to drain the development site to Osborne Creek. The suggested discharge of storm drainage to this watercourse is acceptable, as the drainage area of the site identified as draining to Tooley Creek is minimal and likely altered through existing drainage ditches within the immediate area. The report indicates that on-site water quantity controls will be utilized in order to control post-development flows to pre-development rates. The use of on-site controls is acceptable to Authority staff given the proposed development, however, this approach would not relieve the proponent of any additional requirements to be implemented through the Clarington Energy Park MDP. The submitted report identifies that Level 1 water quantity treatment is to be provided on site through various techniques such as infiltration and LEED's building design measures. stormwater discharge to Osborne Creek only requires Level 2 (Normal) treatment, however, should specific on-site measures such as infiltration measures be pursued then the proponent should investigate pre-treatment of storm flows, prior to storm flows draining into these infiltration works. Should infiltration measures be 892 REPORT NO.: PSD-025-09 PAGE 7 incorporated into the site, the proponent should provide appropriate soils and groundwater information to support such measures. 9.4 Clarington Engineering Services provided a number of conditions of Draft Approval which require the following: ^ a road widening for South Service Road for an ultimate 23 metre right-of-way; ^ the submission of stormwater Management and Lot Grading Plans which comply with the Clarington Energy Business Park Master Drainage Plan. The plans will outline means to control water quality and quantity fora 100 year event and the means by which the stormwater flows will be conveyed; ^ development cannot proceed until the Municipality approves the expenditure of funds for the reconstruction of Osborne Road from South Service Road to the southern limit of the lands (proposed for 2010 budget); ^ construction of Energy Drive within the limits of the subject lands; ^ securities for 50% of the construction costs for Streets `A' and `B'; ^ the Owner to contribute to the cost of constructing shared stormwater management facilities for the Clarington Energy Business Park once the lands are developed to a point which would require the elimination of on-site stormwater management facilities or increase the runoff beyond pre-development levels. 10.0 STAFF COMMENTS 10.1 Ontario Power Generation (OPG) intends to submit a site plan application shortly after the proposed subdivision is Draft Approved. Although the details are yet to be finalized, it is intended that existing office space leased throughout the Region will be consolidated on the lands by end of 2011. 10.2 OPG intends to design a green facility with the potential to obtain a LEED rating (Leadership in Energy and Environmental Design). This would not only assist in meeting many of the "Energy, Water and Waste" and "Building Design and Construction" policies of the Clarington Energy Business Park Secondary Plan, it would also afford a 50% rebate on Development Charges. As a Condition of Approval, the applicant will be required to submit an Environmental Sustainability Plan which will identify proposed techniques for reducing stormwater runoff, improving water quality and conserving energy. 10.3 The Master Drainage Plan (MDP) for the Clarington Energy Business Park is currently being finalized. The Draft Final MDP contains a phased approach to managing stormwater in the Clarington Energy Park. In recognition of the importance of facilitating industrial development quickly, the MDP will allow properties to develop by managing all stormwater on-site initially. 10.4 As properties develop and demand for the land intensifies, the second phase of the MDP will provide landowners with the opportunity to contribute to the construction of a shared stormwater management system which will convey all 100 year post- development storm event flows under the CN Rail Corridor via an underground storm 893 REPORT NO.: PSD-025-09 PAGE 8 site stormwater management facilities for quantity control to free up additional lands for industrial development 10.5 Prior to scheduling a recommendation report to Committee and Council on a Draft Plan of Subdivision application, the proposed Conditions of Draft Approval were submitted to the applicant for their review and concurrence. The purpose of this exercise is to determine if there are any Conditions of Draft Approval that the applicant does not agree with and that they be identified for further discussion purposes. The applicant has provided concurrence with the attached Conditions of Draft Approval. 11.0 CONCLUSIONS 11.1 In consideration of the comments received from circulated agencies and review of the proposal, staff recommend approval of the Draft Plan of Subdivision S-C-2008-0001 as contained in Attachment 2, subject to the Conditions contained in Attachment 3. Attachments: Attachment 1 -Key Map Attachment 2 -Proposed Draft Plan of Subdivision with red line revisions Attachment 3 -Conditions of Draft Approval Attachment 4 - By-law Authorizing Subdivision Agreement Interested parties to be notified of Council and Committee's decision: Shirley Crago Linda Gasser Bill Collie, Ontario Power Generation Inc. Nick Mensink, Sernas Associates John Mutton Richard Ward 894 Attachment 1 To Report PSD-025-09 aroa vNnos ci C i. S ~ ~ L. C 0 ~ & ~ O ~ O H •~ d d Q ~ ~ ; ~ C ~ ~ (, C ~ ~ ~ ~ ~ ~ N O d O 'Da 1N'JINN~W N'Oa aNanoesO W ~ 0 ~ ~ J ~ ~ a ,Y ~ 0. ~ a ad Y ~ ~ ~ ~ O a ~ `m c 3 O \ \ ' o ~o d. I I ~ ~~ \ f I em. \ c ,d, 133a1S 0 ,8, 133a1S W ~~ ~ I o ~a oa x~ ~>I •• ~. ~ ~ W y ~ ~' $ s ~' ICI - ~w mo ~~, _ ICI J 'V 3 ~ N ,-- ICI p - ~~o ( I ~ gym.. ~ Q ~ INI _ O r ~ . ?~ ~' m~ V ~ 6 _ ~ .. O .F az ICI -~ 00 zW m` I I w "- +; N `1. JF I I a (6ui~six3) Qy02~ 3Ni~08S0 I I ~ o I Q a C o z ~ r o I ' Q ~ _" E 0 I e 895 Attachment 2 To Report PSD-025-09 O ~.. ~ s s t s s: s s F m ~~ ~ Qua .. ~ .{~. ~ ~ i ! ~~ ~g ~~ U C° d O ~` ? m !~o y ' ~ ~ai 6 ~ 4z 3a , E ~ W ~a ~ a Qj ~N~~ r ZZ .t i i r. ~~3 i'~r. ~.:~ " x y ~~~ `~ ~ r ~ Plstl T'~ ; ~ ~ p ~~7 ° B 6s~9~y ii ~ a $ a ~iS ~ f ~ V w OC C Q : .i a _4 r ~ 4 . iyi ~l ~ b d A } 7 4 ` ~ s aON e s > Q JZ P'~O wa d'7 ~ aQ ~ f~j ..:.'f > ~ '~ ~f *r11 Y J ~ ~ ! ~7 g j ~ a ~ ~Y` l~9c ~ ~ 66Y~ Y ~ ~ I ! ~~~~ ~~ e Q V Z Z ;ap ~6M ~ ~e ~ ~ J a~o7 Z~~ 6 ~.; ,. ~~ L t ~ @~`~1p ty R R ~ ~ Q °GS r 6~ ~ g g 6 aa ~ p~ °$ i VI g z .._ . . . r. E E 1 R ^ 4 4 # 4E~l m 896 Attachment 3 To Report PSD-025-09 CONDITIONS OF DRAFT APPROVAL FEBRUARY 11, 2009 FILE NO.: S-C-2008-0001 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2008-0001 prepared by Sernas Associates identified as project number 07184, dated July, 2008, as red-line revised, which illustrates three blocks for industrial development and a block for a widening to accommodate a 23 metre right of way for South Service Road, and a block for the Highway 407/401 east link interchange. FINAL PLAN REQUIREMENTS 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. The Owner shall prepare an Environmental Sustainability Plan, prior to final approval, for approval by the Director of Planning Services and the Director of Engineering Services. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan S-C-2008-0001, will conform to the Master Drainage Plan and consider the following techniques to reduce stormwater runoff, improve water quality and conserve energy: i) capturing rainwater for reuse in landscape irrigation and other non-potable water applications; ii) vegetated swales to filter and detain stormwater; iii) porous surfaces for pathways, patios and parking lots to allow infiltration of stormwater; iv) greywater systems that capture stormwater runoff and other greywater for reuse in toilets and industrial operations; v) the use of renewable energy sources for building systems and exterior lighting, such as solar, wind and geothermal; vi) cogeneration, i.e., capturing and using heat from power generation; vii) green roofs, and, viii) other techniques encouraged by the policies of the Clarington Energy Business Park Secondary Plan. 5. The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 6. The Owner shall red-line draft plan of subdivision S-C-2008-0001 prepared by Sernas Associates identified as project number 07184, dated July, 2008, as follows: i) to create a block for the required road widening for South Service Road as described in Condition Number 11; ii) Change "Proposed Energy Drive" to "Street 'C"'; 897 iii) Extend Street `A' to meet South Service Road and provide 5X5 metre sight triangles where Osborne Road and Street 'A' meets South Service Road.; and iv) Block 4 is to be revised to include lands for the 5x5 metre sight triangles at the north end of Osborne Road and Street 'A'. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 7. The Owner shall submit plans showing the proposed phasing of the subdivision to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. The Municipality shall require the preparation of a subdivision agreement for each phase of development. 8. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning Services to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 9. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 10. All land dedications, easements, sight triangles and reserves as required by the Municipality of Clarington for this development must be granted to the Municipality of Clarington free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. 11. The Owner shall convey a road widening along the entire north limit of the subject lands fronting onto South Service Road that would result in a right-of-way width of 23 metres to the Municipality of Clarington for the ultimate South Service Road right-of-way. The Owner also agrees to convey a 10 metre wide extension of Street A to the South Service Road, plus a 5 metre X 5 metre sight triangle if Block 4 has not been acquired by the Ministry of Transportation within five (5) years of the date of the execution of the subdivision agreement. 12. The Owner shall convey a 5 metre x 5 metre sight triangle on the southeast corner of South Service Road and Osborne Road, the northwest corner of Block 1 and the northeast corner of Block 2 to the Municipality of Clarington free and clear of any encumbrances. 13. The Owner shall be required to construct Street `C' from Osborne Road to the east limit of the subject lands to a fully urbanized Type 'C' Arterial Road industrial standard as defined in the Clarington Official Plan at 100% of the developer's cost. Street `C' will be required to be constructed within a 30 metre right-of-way to the satisfaction of the Director of Engineering Services and must include (but not limited to): • full municipal services including water, sanitary sewer and storm sewer; 898 14 metre paved street width with industrial granular base and asphalt design including full curb and gutter, sidewalks on both sides and street lighting; • 5 meter landscaped median; and temporary turning circle at the east limit constructed within the limits of the Draft Plan. 14. The Owner acknowledges and agrees to submit for approval an updated Traffic Impact Study addressing the impact(s) on the South Service Road at the time of submission of each site plan application for the lands located within Draft Plan of Subdivision S-C- 2008-0001. The recommendations of each updated Traffic Impact Study are to be implemented at the Owner's expense (100%) through the site plan application process, subject to the approval of the Director of Engineering Services. Any decision with respect to the approval of the updated Traffic Impact Study and the recommendations for improvements to the South Service Road are at the sole discretion of the Director of Engineering Services. 15. Temporary turning circles may be required depending upon the phasing of the development. The need for any additional temporary turning circles and frozen blocks will be determined at the engineering stage solely at the discretion of the Director of Engineering Services. 16. The Owner shall provide acash-in-lieu of parkland payment in accordance with Section 42 of the Planning Act based on the value of the lands on the day before the issuance of a building permit. 17. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 18. The Owner shall provide and install sidewalks, street lights, temporary turning circles etc., as per the Municipality's standards and criteria. 19. The Owner shall cause all utilities, including hydro, telephone, Cable N, etc., to be buried underground. 20. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to the Ontario Fire Code, storage of combustible waste be maintained and open burning as per the Ontario Fire Code. 21. The Owner agrees to undertake a well monitoring/well interference program. Further, the Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 899 22. The Owner ,shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 23. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end changes pursuant to the Development Charge Act if any are required to be paid by the Owner. 24. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan proposed for registration. 25. The Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 26. The Owner shall carry out a cultural heritage resource assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Regulatory and Operations Group of the Ministry of Culture. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Regulatory and Operations Group of the Ministry of Culture. 27. Prior. to final approval, the Owner shall submit a revised Traffic Impact Study to the Ministry of Transportation for review and approval. 28. Prior to final approval, the Owner shall confirm the right of way limits of the Highway 407 East Durham Link Interchange and the relocated South Service Road with the Ministry of Transportation and the Municipality of Clarington, for their review and approval. The south limit of Block 4 may be redefined based on the final property limit requirements of the Ministry of Transportation and the Municipality of Clarington, inclusive of sight triangles. 29. Prior to any on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. The stormwater techniques/facilities must be designed and implemented in accordance with the Clarington Energy Park Master Drainage Plan; 899001 b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act. 30. The Owner agrees to submit for review and approval appropriate soils and groundwater information/reports which are to be submitted in support of any proposed infiltration measures or works to be undertaken on site. 31. The subdivision agreement between the Owner and the Municipality of Clarington shall contain among other matters, the following provisions: a) The Owner agrees to carry out the works referred to in Condition 29 and 30 to the satisfaction of the Central Lake Ontario Conservation Authority. b) The Owner agrees to maintain all stormwater and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of any on-site works. 32. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 33. The Owner shall submit a stormwater Management Plan Report for the subject lands which outlines the means by which minor and major flows will be controlled on-site with respect to water quality and water quantity up to and including the 1:100 year event. The report must: • Comply with the interim stormwater control measures outlined in the final Clarington Energy Business Park Master Drainage Plan- Alternative 1, or as otherwise approved by the Director of Engineering Services; • Include the use of stormwater techniques which are appropriate and in accordance with the provincial guidelines; • Demonstrate that there will be no impact from the development on water quality as it relates to fish and wildlife habitat; 899002 • Demonstrate the means whereby erosion and sedimentation will be minimized on and off site during and after construction in accordance with provincial guidelines; and • Include documentation with respect to on-site groundwater conditions and recommendations with respect to the maintenance of groundwater conditions and contribution to base flows to Osborne Creek and Tooley Creek. The stormwater Management Plan Report will be subject to the approval of the Director of Engineering Services and the Central Lake Ontario Conservation. 34. The development cannot proceed until the Municipality has approved the expenditure of funds for the reconstruction of Osborne Road from South Service Road to the south limit of the subject lands (along the entire frontage of the subdivision lands) to a full urban industrial road standard in accordance with the Clarington Energy Business Park Secondary Plan including but not limited to: • Full municipal services including water, sanitary sewer and storm sewer; • 10.5 metre paved street width with industrial design granular base and asphalt including full curb and gutter, sidewalks and streetlighting; and • Landscaped boulevards and street trees. 35. The Owner will be responsible for 100% of the cost of storm sewer oversizing required to convey 5 year post-development flows from the subject lands on Osborne Road to the outlet at the CN Railway to the satisfaction of the Director of Engineering Services. 36. As a condition of approval for any future site plan amendments or submissions for intensification of said lands that would require the elimination or alteration of on-site stormwater management facilities or increase runoff beyond predevelopment levels, certain stormwater management infrastructure works must be completed off-site as outlined in the final Clarington Energy Business Park Master Drainage Plan- Alternative 3, or as otherwise approved by the Director of Engineering Services. The Owner shall contribute to the cost of construction of the requisite off-site works at a pro rated share of as constructed costs (currently estimated in the Clarington Energy Business Park MDP) to the satisfaction of the Director of Engineering Services. These works would include, but not be limited to the construction of: • overland conveyance ditches upstream and downstream of the CN Railway; • associated erosion control measures required for conveyance of uncontrolled flows; • inlet structures as required to capture 100 year post development storm event flows; and • underground storm system sized to convey 100 year post development storm event flows under the existing CN Rail Corridor including structures and diversion weirs. 899003 37. The Owner will be required to submit a preliminary lot grading plan which clearly outlines the means by which stormwater (major and minor) flows will be conveyed in accordance with the stormwater Management Plan Report from the subject lands. The grading plan must comply with the recommendations of the Clarington Energy Business Park Master Drainage Plan. The lot grading plan is subject to the approval of the Director of Engineering Services. 38. The Owner will be required to provide securities acceptable to the Municipality for 50% of the total cost of the construction of future Street `A' and future Street 'B' to a fully urban local industrial road standard from the south limit of Block 4 to the south limit of the subject lands. The estimated cost of construction must be prepared to the satisfaction of the Director of Engineering Services and will include but not be limited to: • any water, sanitary or storm services required to benefit the subject lands; • 10.5 m. pavement width with full curb and gutter, sidewalk, street lighting, landscape borders and street trees; and • temporary turning circles (if required). 39. The obligations of the Owner for works required external to the subdivision lands as approved by the Director of Engineering Services will be addressed in a Servicing Agreement and/or the Subdivision Agreement and included in Schedule "G" and secured under Schedule "J" to the satisfaction of the Director of Engineering Services. 40. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this proposal. 41. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 42. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 43. The Owner shall grant to the Region of Durham, any easements required for provision of Regional services for this development and these easements shall be in location and of such widths as determined by the Region of Durham. 44. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a 899004 subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 45. The Owner is hereby advised that prior to commencing any work within the Plan, the Owner must confirm that sufficient wire-line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Developer is hereby advised that the Developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the Developer elects not to pay for such connection to and and/or extension of the existing communication/ telecommunication infrastructure, the Developer shall be required to demonstrate to the Municipality that sufficient alternative communication/ telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services). 46. The Owner shall agree in the Agreement, to grant any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing telecommunication facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements. 47. The Owner shall provide one or more conduit or conduits of sufficient size from each unit to the room(s) in which the telecommunication facilities are situated and one or more conduits from the room(s) in which the telecommunication facilities are located to the street line. 48. The Owner is responsible for preparing a composite utility plan that allows for the safe installation of all utilities, including required separation between utilities. 49. The Owner agrees to construct all streets in accordance with composite utility approved by all utilities. 50. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of the Municipality and the service provider. 51. The Owner shall ensure that all natural gas distribution systems are installed within the proposed road allowances. In the event that this is not possible, easements will be provided at no cost to the service provider. 52. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Durham Regional Planning Department, how Conditions 1, 3, 7, 25, 26 and 41- 44 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 29-32 have been satisfied; 899005 c) Ministry of Transportation, how Conditions 27-28 have been satisfied; d) Service provider, how Conditions 46-48 have been satisfied; and e) Service provider, how Conditions 49-51 have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1 H 3T3 (905) 579-0411. b) Ministry of Transportation, Corridor Control Section, 301 St. Paul Street, 2"d Floor, St. Catherines, Ontario, L2R 7R4 (905) 704-2913. c) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1 K 5E3 d) Bell Canada, Development & Municipal Services Control Centre, Floor 5, 100 Borough Drive, Scarborough, ON M1P 4W2 e) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, ON L1 N 6A3 (905-668-7721) 899006 Attachment 4 To Report PSD-025-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to authorize entering into an Agreement with the Owner(s) of Draft Plan of Subdivision S-C-2008-0001, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of S-C-2008-0001 WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2008-0001 is now ready to proceed to finalize the Subdivision Agreement; and NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and sea! with the Corporation's seal, an Agreement between the Owner of Draft Plan of Subdivision S-C-2008-0001. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality of Clarington, the said conveyances of Lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 899007 • ~` ~ REPORT Leading the Way ENGINEERING SERVICES DEPARTME Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2009 Report #: EGD-007-09 Resolution #: File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY, 2009. Recommendations: It is respectfully, recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-007-09 be received for information. ~~ Submitted by: .- A. S. Cannella, C.E.T. Director of Engineering Services ASC*RP*bb February 05, 2009 Reviewed by: ~ i~~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARIN~ 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623 901 REPORT NO.: EGD-007-09 BACKGROUND PAGE 2 1.1 With respect to the Building Permit Activity for the month of JANUARY 2009, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JANUARY 2009 2008 BUILDING CATEGORY NUMBER OF PERMITS VALUE OF CONSTRUCTION NUMBER OF PERMITS VALUE OF CONSTRUCTION % CHANGE OF VALUE 2009-2008 Residential 16 $1,863,803 53 $11,181,593 -83.3% Industrial 1 $120,000 0 $0 N/A Government 0 $0 0 $0 N/A Commercial 2 $677,447 5 $357,500 89.5% Institutional 2 $13,717,560 2 $358,000 3,731.7% Agricultural 1 $40,000 0 $0 N/A Demolition 6 $0 2 $0 N/A -TOTAL 28 $16,418,810 62 $11,897,093 38.0% YEAR TO DATE 2009 2008 BUILDING CATEGORY NUMBER OF PERMITS VALUE OF CONSTRUCTION NUMBER OF PERMITS VALUE OF CONSTRUCTION % CHANGE OF VALUE 2009-2008 Residential 16 $1,863,803 53 $11,181,593 -83.3% Industrial 1 $120,000 0 $0 N/A Government 0 $0 0 $0 N/A Commercial 2 $677,447 5 $357,500 89.5% Institutional 2 $13,717,560 2 $358,000 3,731.7% Agricultural 1 $40,000 0 $0 N/A Demolition 6 $0 2 $0 N/A TOTAL 28 $16,418,810 62 $11,897,093 38.0% 902 REPORT NO.: EGD-007-09 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner /Applicant Construction Type Location Value PVNCC DISTRICT SCHOOL BOARD PVNCC DISTRICT SCHOOL BOARD RICHARD LANGE BETHESDA HOUSE Addition to St Stephen's School (Tech Shop Bldg) Addition to St Stephen's School (Classroom & Gym) Retail Building with Apartment Retail and Offices 300 SCUGOG STREET, BOWMANVILLE 300 SCUGOG STREET, BOWMANVILLE 31 KING WEST STREET, BOWMANVILLE 25 KING WEST STREET, BOWMANVILLE $2,100,160 $11,617,400 $283,382 $394,065 903 REPORT NO.: EGD-007-09 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "JANUARY" and "YEAR TO DATE". Dwelling Unit Typeo DECEMBER" 2009 0 Townhouse p, arOtment p Semi- 0% 0% Detached 0% 4 Single Detached ^ Single Detached 4 100% ^Semi-detached 0 ^Townhouse 0 ^ Apartment 0 Dwelling Unlit Type "YE~LR TO DATE 2009" Townhous 0 e 0 Semi- 0% Apartment Detached 0% 0% 4 Single ^ Single Detached 4 Detached 100% ^ Semi-Detached 0 ^ Townhouse 0 ^Apartment 0 The following is a historical comparison of the building permits issued for the month of "JANUARY" and "YEAR TO DATE" for a three year period. Historical Data for Month of "JANUARY" $20,000 000 $15, $10, $5, 000 000 , 000 000 , 000 000 , $0 2009 2008 2007 ^ Value $16,418,810 $11,897,093 $5,954,944 Historical Data 'YEAR TO DATE" $18,000 000 $16, $14, $12, $10, $8, $6, $4, $2, 000 000 , 000 000 , 000 000 , 000 000 , 000 000 , 000 000 , 000 000 , 000 000 , $0 2009 2008 2007 ^ Value $16,418,810 $11,897,093 $5,954,944 904 REPORT NO.: EGD-007-09 PAGE 5 PERMIT REVENUES 2009 2008 January Year to Date January Year to Date PERMIT FEES $ 106,046 $ 106,046 $ 83,319 $ 83,319 INSPECTION SERVICES 2009 2008 January Year to Date January Year to Date Building Inspections 322 322 416 416 Plumbing 8~ Heating Inspections 476 476 601 601 Pool Enclosure Inspections 3 3 0 0 TOTAL 801 801 1,017 1,017 NUMBER OF NEW RESIDENTIAL UNITS 2009 2008 January Year to Date January Year to Date Single Detached 4 4 33 33 Semi-Detached 0 0 12 12 Townhouse 0 0 0 0 Apartments 0 0 0 0 TOTAL 4 4 45 45 905 REPORT NO.: EGD-007-09 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: AREA (to00dof January) 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 Bowmanville 1 340 451 609 307 587 468 345 312 188 184 Courtice 1 134 82 126 241 173 180 133 129 231 296 Newcastle 0 60 77 84 202 191 123 131 76 110 78 Wilmot Creek 0 30 16 15 15 25 29 38 24 19 21 Orono 0 2 1 1 1 2 0 1 0 0 1 Darlington 0 10 6 7 14 15 13 17 47 102 31 Clarke 1 5 11 12 13 10 16 15 9 17 17 Burketon 0 0 0 0 1 1 1 1 0 1 0 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 0 0 1 1 1 0 2 5 7 6 Hampton 0 0 1 1 0 0 0 1 1 1 2 Haydon 0 0 0 0 0 0 0 0 0 0 1 Kendal 0 0 1 0 0 1 0 3 2 0 1 Kirby 0 0 0 0 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 1 0 0 1 Maple Grove 0 0 0 0 0 0 1 0 0 0 0 Mitchell Corners 0 0 1 0 0 1 0 0 0 0 0 Newtonville 0 7 2 2 4 5 3 3 0 3 1 Solina 1 0 6 3 3 3 3 1 1 0 0 Tyrone 0 5 0 0 0 0 3 9 3 0 0 TOTALS 4 593 655 861 802 1,015 843 701 609 679 640 906 • la~~ ~ Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Resolution #: Report #: EGD-009-09 File #: By-law #: Subject: CLARINGTON BOULEVARD EXTENSION, PLANS 40R-22327, 40R-22324, AND 40R-16730, BOWMANVILLE, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-009-09 be received; 2. THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plans 40R-22327 and 40R-16730; and 3. THAT Council approve the by-law attached to Report EGD-009-09, assuming certain streets within Plans 40R-22327, 40R-22324 and 40R-16730 as public highways. Respectfully by, Submitted by: A.S. Cannella Director of Engineering Services ~~~ ~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/NAC/dv February 11, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 907 REPORT NO.: EGD-009-09 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Severance Agreement, registered November 12, 2003, with 672003 Ontario Ltd. and Kawartha Pine Ridge District School Board to develop lands by plan of subdivision, located in Bowmanville and described as Plans 40R-22327, 40R- 22324 and 40R-16730 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. 1.2 The Severance Agreement provides for the separation of the Works into three (3) stages: a) Initial Works; b) Final Works; and c) Street Lighting System 1.3 The Initial Works and Street Lighting System were issued 'Certificates of Completion' and subsequent `Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Severance Agreement. 1.4 The Final Works were issued a `Certificate of Completion' dated July 1, 2007. This initiated a one (1) year maintenance period, which expired on July 1, 2008. The developer experienced delays in completing the repair works, however, the works have been re-inspected, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Severance Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 908 REPORT NO.: EGD-009-09 PAGE 3 1.6 Further to the issuance of a `Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plans 40R-22327, 40R- 22324 and 40R-16730 as public highways (Attachment 2). Attachments: Attachment 1 -Key Map Attachment 2 -Proposed By-Law List of Interested Parties: 909 Part 1 on Plan 40R-22324 0 a C w L r./ ~L A 3 ~g~ ?~,,~'? ~ll~ U a ~i Parts 1, 2 and 3 on Plan 40R-22327 Clarington Central Secondary School o a . ~ ~ ,~ ,. Stevens ad U Parts 7, 8, 9 an on Plan 40R-2; Road Home Depot Part 19 on site Plan 40R-16730 Rickard Recreation Complex N W~ E S '`~ DRAWN BY: E.L. DATE: February 10, 2009 REPORT EGD-009-09 KEY MAP ATTACHMENT NO. 1 g 1 p n rmm G:Wttachments\ClaringtonBlvd40R-22327.mxd ATTACN~.~FNT !~lO.:~' RF1'i_iRT NO EGD-v0<;+ ~~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- XXX Being a By-law to establish certain lands as public highway, assume them for public use and name them. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the following lands are hereby established as public highway, assumed by the Corporation for public use and assigned the names set out below: Land Established as Public Highway Name (a) Part of Lot 16, Concession 2, Clarington Boulevard designated as Part 7 on Plan 40R-22327 (b) Part of Lot 16, Concession 2, Clarington Boulevard designated as Part 8 on Plan 40R-22327 (c) Part of Lot 16, Concession 2, Clarington Boulevard designated as Part 9 on Plan 40R-22327 (d) Part of the Road Allowance between Concessions 1 and 2, Clarington Boulevard designated as Part 13 on Plan 40R-22327 (e) Part of Lot 16, Concession 2, Green Road designated as Part 1 on Plan 40R-22327 (f) Part of Lot 16, Concession 2, Green Road designated as Part 2 on Plan 40R-22327 (g) Part of Lot 16, Concession 2, Green Road designated as Part 3 on Plan 40R-22327 (h) Part of Lots 15 and 16, Concession 1, Clarington Boulevard designated as Part 19 on Plan 40R-16730 (i) Part of Lots 15 and 16, Concession 1, Green Road designated as Part 1 on Plan 40R-22324 BY-LAW read a first and second time this xx~h day of xxxxx 2009. BY-LAW read a third time and finally passed this xx"'day of xxxxx 2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 911 1 ~ n a~ Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Resolution #: Report #: EGD-010-09 File #: By-law #: Subject: CLARNEW SUBDIVISION PHASE 2, NEWCASTLE, PLANS 40M-2038 AND 40R-25814, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-010-09 be received; 2. THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plans 40M-2038 and 40R-25814; and 3. THAT Council approve the by-laws attached to Report EGD-010-09, assuming certain streets within Plans 40M-2038 and 40R-25814 as public highways. Respectfully by, ~~i, Submitted by: A.S. Cannella Director of Engineering Services O Reviewed by: Franklin Wu Chief Administrative Officer ASC/NAC/dv February 10, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 912 REPORT NO.: EGD-010-09 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered August 23, 1999, with Clarnew Development Inc. to develop lands by plan of subdivision, located in Newcastle and described as Plans 40M-2038 and 40R-25814 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Street Lightinq System; c) Final Works; and d) Stormwater Management System (not applicable) 1.3 The Initial Works and Street Lightinq System were issued 'Certificates of Completion' and subsequent `Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated October 24, 2006. This initiated a one (1) year maintenance period, which expired on October 24, 2007. The developer experienced delays in completing the repair works, however, the works have been re-inspected, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a `Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works. 913 REPORT NO.: EGD-010-09 PAGE 3 1.6 Further to the issuance of a `Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plans 40M-2038 and 40R-25814 as public highways (Attachments 2, 3 and 4). Attachments: Attachment 1 -Key Map Attachment 2 -Proposed By-law Attachment 3 -Proposed By-law Attachment 4 -Proposed By-law List of Interested Parties: 914 King St. E. Pian 40R-25814 ~ Shipley Avenue 0 v N N Ri R. NEWCASTLE Hwy. Subject Site = 401 KEY MAP N W~ E S DRAWN BY: E.L. DATE: February 10, 2009 REPORT EGD-010-09 ATTACHMENT NO. 1 915 G: Wttachments~40M-2038.mxd Al fAc;HP~1FNl N0: 2 RFF'OhT NO EDG-C10-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- XX Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the blocks shown on Plan 40M-2038, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: Block 142 Block 145 Block 148 BY-LAW read a first and second time this xx`h day of xxxxx 2009. BY-LAW read a third time and finally passed this xx"' day of xxxxx 2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 916 ATTACHMENT NO- 3 REPi)RT NO ' EGU-010-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the streets and blocks shown on Plan 40M-2038, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: William Jose Court Bloom Avenue Brookhouse Drive Ravey Street Edward Street East Block 142 Block 145 Stock 148 BY-LAW read a first and second time this xx~h day of xxxxx 2009. BY-LAW read a third time and finally passed this xx"' day of xxxxx 2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 917 ATTACHMENT N0 4 RF.OPRT NO.: EGD-010-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- XX Being a By-law to establish certain lands as public highway, assume them for public use and name them. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the following lands are hereby established as public highway, assumed by the Corporation for public use and assigned the name set out below: Land Established as Public Highway Name Part of the road allowance between Brookhouse Drive Lots 26 and 27, Concession 1, designated as Part 1 on Plan 40R-25814 BY-LAW read a first and second time this xx~h day of xxxxx 2009. BY-LAW read a third time and finally passed this xx~' day of xxxxx 2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 918 ^ ^ ^ Zi Leading the Way REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: FEBRUARY 23, 2009 Report #: OPD-002-09 File #: By-Law #: Subject: 2008 WINTER REPORT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report OPD-002-09 be received for information. Submitted by: Fred H , B.A., R. M.R., R.R.F.A. Director of Operations FH\kr Reviewed b Y Franklin Wu, Chief Administrative Officer 1001 REPORT NO. OPD-002-09 PAGE 2 BACKGROUND AND COMMENT: Further to our 2008 Winter Budget Report #OPD-007-08 (Attachment #1), submitted June 16, 2008, staff is providing a final update to the costs of the 2008 winter maintenance program. Winter Maintenance: As of December 31, 2008, the following table illustrates the expenditures incurred. Winter Control 2008 Budget 2008 Actual Variance Plowing $ 274,630.00 $ 510,213.18 ($ 235,583.18) Sanding/Salting $ 887,185.00 $1,715,193.66 ($ 828,008.66) Winter Maintenance Other $ 238,725.00 $ 307,422.30 ($ 68,697.30) Total $1,400,540.00 $2,532,829.14 ($1,132,289.14) The 2008 winter maintenance budget from January 1St to December 31St actual expenditure of $2,532,829.14 includes the sand/salt year end inventory adjustment of ($21,315.90). Included in the above total is the 2008 cost of $249,719.32 to provide winter maintenance to unassumed developments, which is recovered from developers. The Municipality of Clarington delivers winter control services across a road system of 1,700 lane kilometers. The Operations Department winter response capacity features twenty-nine (29) units in total. Our response is composed of a mix of vehicles from the Orono, Hampton, and Yard 42 depots. In 2008, The Operations Department had ninety-six (96) callouts. A full callout is categorized by calling all available drivers. An event is categorized by calling any number less than all available drivers. The breakdown is as follows: thirty- one (31) full callouts and sixty-five (65) events. Of these ninety-six (96) callouts, sixty-seven (67) were for snow accumulation, fifteen (15) were for freezing rain, eleven (11) were for drifting snow and three (3) were for ice /clean up conditions. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 2 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433 REPORT NO. OPD-002-09 Winter callouts: PAGE 3 Year Jan Feb Mar Apr Oct Nov Dec Total 2006 19 18 9 0 0 0 6 52 2007 17 27 13 2 0 10 20 89 2008 19 23 18 0 1 8 27 96 You will note that there were six (6) callouts in November/December 2006; thirty (30) callouts in November/December 2007and thirty-five (35) in November/December 2008. This does not include the four (4) responses for snow removal in the downtown Business Improvement Areas in February. "Snowmageddon" the series of four storms between December 17th and December 31St cost $550,215 for time; equipment and material. Winter Patrol is a critical winter control function. It provides us the assurance that the road system is observed on a continual basis during the winter season, so that any potentially hazardous conditions encountered can be addressed. Road Patrol is also backed up by an On Call Lead Hand available to visit the areas of concern if necessary and to make judgement calls as appropriate. An Operations Supervisor is also on call to assist with winter maintenance. Senior Citizens and Physically Disabled Sidewalk Program The total budget for this program in 2008 was $85,000.00 with an actual expenditure of $89,378.52. The Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program was again well received by the community. The program has increased each year to 724 residents today. Although there were CORPORATION OF THE MUNICIPALITY OF CLARINGTON 3 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433 REPORT NO. OPD-002-09 PAGE 4 65 participants who did not return to the program the past season, there are 124 new participants to the program. Locatipn'~ ~ ~ _ ,~iv, ~.~~ ,~F: ~..: ~;_ ~ ~ . ~,;.~ ~~ _ ' Bowmanville 29 354 58 412 Courtice 27 132 34 166 Newcastle 5 62 20 83 Newtonville 2 7 5 9 Orono 1 17 2 22 Solina 1 3 0 3 Burketon 0 2 1 3 Enniskillen 0 3 0 3 Hampton 0 12 3 15 Maple Grove 0 2 0 2 Mitchell's Corners 0 5 1 6 Leskard 0 0 1 1 65 600 124 724 Did Not Return to Program from 07-08 65 Total Participants in 07-08 Program Total:Participants~in 08-09 665 Increase to the 08 - 09 Program from last Year 59 (*124 new participants as of Jan. 12, 2009) Sidewalk Snow Clearing Contract: The total budget for sidewalk snow clearing portion of the program in 2008 was $192,000.00 with an actual of $188,364.75. The snow clearing service on municipal sidewalks starts when a snowfall ends and only when there is more than two centimeters of snow on sidewalks. The driveway windrow snow clearing service is not undertaken until the snow plowing on all municipal streets has been completed. In 2008, we had 12 calls for windrows. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 04 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433 REPORT NO. OPD-002-09 Below is a table of call-out statistics for this program from 2001 to 2008: Call-Out Statistics PAGE 5 January February March April November December Total 2001 17 13 6 0 1 16 53 2002 10 10 7 0 2 11 40 2003 23 14 11 4 1 6 59 2004 20 9 3 0 1 9 42 2005 11 5 4 0 5 10 35 2006 7 9 2 0 0 3 21 2007 12 12 6 1 2 12 45 2008 11 10 9 0 2 13 45 CONCLUSION: Courtesy sand boxes are available for residents at both the Hampton and Orono Depot. Staff has estimated that we have provided 1,050 tonnes of sand for use by the residents. The Operations Department continues to closely monitor weather forecasts including the Provincial Road Weather Information System (RWIS) which accurately predicts each hour anticipated precipitation, air and pavement temperature, dew point temperature (the moment fog occurs) and wind speed / gusts, and respond accordingly. General conditions encountered are lake effect CORPORATION OF THE MUNICIPALITY OF CLARINGTON 5 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433 REPORT NO. OPD-002-09 PAGE 6 flurries, drifting snow on rural roads, freezing rain, icy /flash freeze conditions or snow accumulations that require maintenance. A follow up report before summer recess will update Council on the 2009 winter costs as it relates to the approved budget. Attachment: Attachment #1 - 2008 Winter Budget Report #OPD-007-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 6 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433 ATTACHMENT NO.: 1 REPORT NO.: OPD-002-09 beading the Way REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION CtOMMITTEE Date: JUNE 16, 2008 ~`~~on~£~ PA"~5~'c Report #: OPD-007-08 File #: By-Law #: Subject: 2008 WINTER BUDGET REPORT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-007-08 be received for information; Submitted by: Reviewed by: Fre orv , ~~~ ~ / B.A., .D.M.R., R.R.F.A. Director of Operations FH1kr Franklin Wu, Chief Administrative Officer 1007 REPORT NO.OPD-007-08 BACKGROUND AND COMMENT: PAGE 2 As of May 23, 2008 the Operations Department from January 1st to May 23rd incurred 8,431 hours of total overtime including 1,721.5 hours for Sunday maintenance. During this four month period the Operations Department provided 64 responses, which included 19 full call outs. Please note in the following table the total number of our responses for the 2008 winter season compared to the previous two years: YEAR JAN FEB MAR APR TUTAL 2006 19 18 9 0 46 2007 17 27 13 2 59 2008 19 27 18 0 64 Spring clean up of winter sand has been ongoing since April 1$t and was completed by June 13th. BUDGET: For 2008 Council approved a winter maintenance budget of $1,400,540.00; $192,000 for sidewalks and parking lots and a Senior Snow Clearing contract of $85,000. Winter Maintenance: As of May 23, 2008, the following table illustrates the expenditures incurred. Winter Control 2008 Budget 2008 Actual Variance Plowing $ X74,630.00 $ 324,855.62 ($ 50,225.62) Sanding/Salting $ 887,185.00 $1,003,769.35 ($116,584.35) Winter Maintenance Other $ 238,725.00 $ 237,713.03 $ 1,011.97 Total $1,400,540.00 $1,566,338.00 {$165,798.00) The 2008 winter maintenance budget from January 1st to May 23rd actual expenditure of $1,566,388.00 includes an estimated sand/salt end of season inventory value of $71,622.95. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433 8 REPORT NO.OPD-007-08 Sidewalk Snow Clearing Contract: The total budget for this program in 2008 is $192,000.00 with an actual expenditure of $105,397.00 as of May 23rd Senior Citizens and Physically Disabled Sidewalk Program The total budget far this prszgram far 2008 is $85,000.06 with an actual expenditure of $59,408.90 as of May 23ro. PAGE 3 Below is a table of call-out statistics for this program from 2001 to April 2008: Call-Out Statistics January February March April November December Total 2002 10 10 7 0 2 11 40 2003 23 14 11 4 1 6 59 2004 23 23 8 0 2 13 69 2005 20 7 9 2 5 10 53 2006 7 9 2 0 0 3 21 2007 12 12 6 1 2 12 45 *2008 11 10 9 0 * A total of 30 callouts for winter sidewalk maintenance to date in 2008. FUEL COSTS: As Council is aware; the increased cost of fuel will certainly impact our Operations budget. Since 2004 our fuel ~48t;? have in6r85SOd by ~~.75°!0. Clarington is paying at least twenty cents per litre more for gas and thirty cents per litre more for diesel based on the price of fue( paid since January 1st. If these prices continue, we are projecting an increase of approximately $120,000 based on our annual average fleet consumption. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 09 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905} 263-2292 F {905) 263-4433 REPORT NO. OPD-007-08 PAGE 4 SALT MANAGEMENT: Environment Canada published qn April 3, 2004 the Code of Practice for the Environmental Management~of°Road Salts. Although the implementation of the code is voluntary, it is in the best interest of the Municipalities and other road authorities to comply with the code requirement to better manage their use of road salts. Environment Canada after frve years will review and indicate if more rigorous actions are required. Clarington has participated in this program and has provided annual reports since 2005. CONCLUSION: Staff will continue to provide storm updates to you throughout the fall and winter and will report to Council in early 2009 on the costs of the 2008 winter maintenance program. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOwMANVILLE, ONTARIO L1 C 3A6 T (905) 263-2292 F (805) 283-4438 O 1 O ~ n ar Leading the Way REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Report #: OPD-003-09 File #: By-Law #: Subject: HOUSEHOLD HAZARDOUS WASTE and E-WASTE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report OPD-003-09 be received for information. Submitted by: Fred ath B.A., R. .M.R., R.R.F.A. Director of Operations FH\sa Reviewed by: F~~-F-'L~--; Franklin Wu, Chief Administrative Officer 1011 REPORT NO. OPD-003-09 BACKGROUND: PAGE 2 On Saturday October 25th the Municipality of Clarington hosted Durham Region's Household Hazardous Waste and E-Waste event in Clarington. We chose to have the event at the Bowmanville Indoor Soccer facility west parking lot due to the long driveway to accommodate lineups. Previously we held this event in 2005 and 2007 at the Animal Services Yard, 33 Lake Rd., Bowmanville. The Region of Durham advertised the event in the newspapers and on radio and the Municipality of Clarington had mobile message signs posted in Courtice, Bowmanville, and Newcastle along Highway #2. The results of this event were recently received in our office. There were 310 vehicles that took advantage of dropping off their hazardous waste and electronic waste. The total weight of E-waste was 11,355 kg. There was 6,900 litres of household hazardous waste and 800 kg. of household hazardous waste. We held a similar event on September 15, 2007 for household hazardous waste only with 475 vehicles, 12,700 litres of oil, antifreeze, cleaners, paints etc., and 1,500 kg. of batteries etc. CONCLUSION As this is a Region sponsored event, Clarington is unlikely to have another event until 2010. The residents of the Municipality have benefited by having household hazardous waste events held locally. It is important for the Region to continue to offer these events to Municipalities where residents do not have a local drop off. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 263-2291 F (905)263-4433 1012 ~~r~ ~~ ~ ^ Leading the Way REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Report #: ESD-003-09 Resolution #: File # By-law #: Subject: PUMPER DONATION TO ONTARIO POWER GENERATION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-003-09 be received; and 2. THAT Staff be authorized to proceed with donating the 1986 International Pumper to Ontario Power Generation for use at the Wesleyville Training Centre. LT ~ Submitted by: ~- ~ Reviewed by ordon Weir, AMCT, CMM111 Director Emergency & Fire Services GW"`jm ~~~~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F 905)623-6506 1101 REPORT NO.: ESD-003-09 1.0 BACKGROUND PAGE 2 1.1 In the early 1990's, Ontario Hydro donated a 1979 Pumper Fire Truck, equipped with hose and extrication equipment to Clarington Emergency & Fire Services [GEES]. This truck was utilized at the Enniskillen Fire Station #5 until its replacement in 2003. The truck was then donated to Durham College to be used in the Pre-Fire-Service Program. 1.2 In 2007, CEFS took delivery of a new Pumper to replace an aging 1986 International Pumper. However, the 1986 International Pumper remained in- service and acted as a fill-in truck while two Pumpers were being refurbished. The refurbishments are now complete and the 1986 International Pumper is surplus and has little value. 2.0 COMMENT 2.1 Ontario Power Generation has expressed interest in the 1986 International Pumper to be utilized at the Wesleyville Training Centre, a facility CEFS utilizes throughout- the year to co-train with Darlington Nuclear Generating Station Emergency Responders. 3.0 CONCLUSION 3.1 It is staff's recommendation that the 1986 International Pumper be donated to Ontario Power Generation for use at the Wesleyville Training Centre. 1102 1 ~ n Leading t)ie Way REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Report #: ESD-004-09 File # 10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT - JANUARY 2009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report ESD-004-09 be received for information. Submitted by: S Reviewed by: ordon Weir, AMCT, MM111 Franklin Wu. Director Emergency Fire Services Chief Administrative Officer GW*tw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F 905)623-6506 1103 REPORT NO: ESD-004-09 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month January 2009. 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 349 calls during this period and recorded total fire loss at $57,700. A breakdown of calls responded to follows in the table attached. Attachment: Activity Report Response Categories 1104 CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT REPORT PERIOD: JANUARY 1, 2009 OO:OO:OOhrs -JANUARY 31, 2009 23:59:59hrs RESPONSE TYPE REPORT FIRE STATIONS 2009 2008 RESPONSE STATION STATION STATION STATION STATION THIS TO TO SAME TO TYPE ~ 2 3 4 5 PERIOD DATE DATE % PERIOD DATE 7 1 0 2 1 11 11 3.2% 10 10 ExP OSIONS OVERPRESSURE RUTURE 0 0 1 0 0 1 1 0.3% 0 0 EXPLOSIONS 4 1 0 0 0 5 5 1.4% 5 5 CONDITIONS BURNING 0 0 0 0 0 0 0 0.0% 1 1 (controlled) FALSE FIRE CALLS 18 8 2 9 2 39 39 11.2% 37 37 CO FALSE CALLS 26 3 3 8 1 41 41 11.7% 39 39 PUBLIC HAZARD 8 2 0 4 0 14 14 4.0% 9 9 CALLS RESCUE CALLS 23 10 8 17 3 61 61 17.5% 54 54 MEDICAL CALLS 97 14 12 39 4 166 166 47.6% 138. 138 1 6 3 0 1 11 11 3.2% 35 35 RESPONSES TOTALS THIS PERIOD 184 45 29 79 12 349 349 100.0% 328 328 TO DATE 184 45 29 79 12 349 THIS PERIOD 161 41 18 90 13 323 LAST YEAR TO DATE LAST 161 41 18 90 13 323 YEAR 1105 DOLLAR LOSS REPORT 2009 THIS PERIOD $57,700 TO DATE $57,700 2008 THIS PERIOD $365,600 TO DATE - $365,600 APPARATUS RESPONSE REPORT STATION 1 PUMPER 1 SCAT 1 PUMPER 11 TANKER 1 UTILITY 1 AERIAL 1 RESCUE 1 THIS PERIOD 395 165 189 19 4 0 7 11 TO DATE 395 165 189 19 4 0 7 11 STATION 2 PUMPER 2 TANKER 2 THIS PERIOD 59 43 16 TO DATE 59 43 16 STATION 3 PUMPER 3 TANKER 3 UTILITY 3 ATV THIS PERIOD 36 28 8 0 0 To DATE 36 28 8 0 0 STATION 4 PUMPER 4 PUMPER 44 TANKER 4 Aerial 4 THIS PERIOD 138 119 12 5 2 TO DATE 138 119 12 5 2 STATION 5 PUMPER 5 TANKER 5 THIS PERIOD 14 11 3 TO DATE 14 11 3 642 TOTAL VEHICLE MOVEMENTS FOR THIS PERIOD 642 TOTAL VEHICLE MOVEMENTS TO DATE - 2009 1106 DESCRIPTION OF RESPONSE TYPES Fires and Explosions: Instance of destructive and uncontrolled burning involving structures, vehicles and open area fires, including explosion of combustible solids, liquids or gases which may or may not have resulted in a dollar loss. Overpressure Rupture/Explosion: An explosion or rupture as a result of pressure, no fire. Pre Fire Conditions: Incidents with no fire that involve heat or potential pre fire conditions e.g. pot on stove, cooking -smoke or steam, lightning, fireworks. Burning (controlled): Complaint call related to outdoor controlled burning, authorized or unauthorized. Fire Department did not take suppression action. False Fire Calls: Alarm activation or fire call that when investigated, is determined to be as a result of equipment failure, malicious/prank, perceived emergency, accidental activation of alarm by person CO (carbon monoxide) False Calls: A call where it is determined that the detection equipment malfunctioned or there was a perceived emergency - no CO leak Public Hazard Calls: Includes a response for spills and leaks of a hazardous product such as natural Gas, Propane, Refrigerant, Miscellaneous/Unknown, Gasoline or Fuel, Toxic Chemical, Radio-active Material, Power Lines Down, Arcing, Bomb, Explosive Removal, Standby, CO (carbon monoxide) or Other Public Hazard. Rescue Calls: A call for a person in danger due to their proximity to the occurrence and who is unable to self evacuate and is assisted by Fire Department personnel i.e. Vehicle Accident, Building Collapse, Commercial/Industrial Accident, Home/Residential Accident, Persons Trapped in Elevator, Water Rescue, or Water/Ice Rescue. Medical/Resuscitator Call: Includes a response to a patient(s). suffering from Asphyxia, Respiratory Condition, Convulsions, Epileptic, Diabetic Seizure, Electric Shock, Traumatic Shock, Heart Attack, Stroke, Drug Related, Alcohol Related, Cuts, Abrasions, Fracture, Burns, Person Fainted, Nausea and pre-hospital care such as administering oxygen, CPR, defibrillation, or first aid Other Response: Assistance to other Fire Departments, call cancelled on route, non fire incidents where an illegal grow operation or drug operation was discovered 1107 Clarin~ton REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Report #: CSD-003-09 File #: Resolution #: By-law #: Subject: COMMUNITY SERVICES - 2008 YEAR END REVIEW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CSD-003-09 be received for information. Submitted by; Joseph P. Caruana Director of Community Services J P C/S M/T L/S C/S M/C F/GA •, C'v "~' Reviewed b Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5506 1201 REPORT NO.: CSD-003-09 PAGE 2 1.0 BACKGROUND 1.1 The Community Services Department is responsible for planning, implementing and evaluating municipal recreation, leisure programs and facilities. This report is intended to provide Council with an overview of the activities associated with the Department's Recreation Services and Facilities Divisions during 2008. 1.2 As previously reported to Council, the Community Services Department completed a strategic plan in 2008. The plan acts as a guiding document and forms the basis for future service level recommendations as well as capital and operating budget submissions. The plan provides a framework for the department for the next eight to ten years and contains specific action items that will be completed over the life of the plan. 2.0 RECREATION SERVICES DIVISION 2.1 Over the course of 2008, this Division offered residents of Clarington registered classes in aquatics and fitness, as well as, youth and adult recreation programs. In addition to our structured programming, the Division is also responsible for the Department's drop-in programs, special events, memberships, public swims and recreational skating. 2.2 Recreation Services provides opportunities for approximately 190 part time staff positions, the majority of which are filled by local youth. These are positions of substantial responsibility as many of these positions are responsible for the direct care and supervision of children. 3.0 AQUATICS 3.1 Burlington Cup i) The Lifesaving Society of Canada has a recognition program for all affiliates who offer their programs. For each program run- by the Municipality, points are awarded based on the number of candidates who successfully complete the program. These popular programs include the Bronze awards (Star, Medallion, Cross), First Aid/CPR and advanced lifesaving (NLS) and leadership (Instructor course). ii) Placed in categories based on population, Clarington competes for the Burlington Cup, which is for affiliates with a population between 50,000 and 100,000 in Ontario. iii) In 2008, Clarington operated the 6th largest lifesaving program. Competing against affiliates such as Waterloo, Pickering, Halton Hills, 1202 REPORT NO.: CSD-003-09 PAGE 3 Ajax and Newmarket, this standing is an excellent achievement, and there continues to be a conscious effort by staff to promote lifesaving and drowning prevention programs. 3.2 Aquatic Portfolio Statistics i) Overall, Aquatic programs at all aquatic facilities remain popular. In 2008, 5,879 participants were registered for swimming programs compared to 5,588 in 2007, representing a 5% increase. ii) The Community Services Department offers a wide variety of swims at its indoor facilities. More popular swims include Adult, Lane, AdulULane, Public and Family Swims. iii) Statistics for 2008 swims were as follows, noting that numbers for Newcastle & District Recreation Complex are reflective of a four month operation: iv) In recent years, staff have noted a decline in the number of participants attending swims at both the Clarington Fitness Centre and the Courtice Community Complex. This trend has also been identified in neighbouring municipalities in Durham. v) Staff is actively marketing and promoting swims (both public and instructional) in an effort to increase participation levels. In addition, staff continue to make adjustments to the swim schedule, including changing 1 203 REPORT NO.: CSD-003-05 PAGE 4 swim times and types of swim, as well as adjusting the number of staff on deck, without compromising patron safety. 3.3 School Board Swimming Lessons i) Since September of 1997, the Community Services Department has offered a customized program for the Boards of Education within Clarington and promoted these programs to be implemented into the school's curriculum. Participation in the Municipality of Clarington School Board program continues to be a popular activity. ii) At the present time, the Municipality reserves 15 one-hour time periods from mid-September to mid-June for school use. Response from parents and teachers continues to be positive. iii) Participating schools vary in both the grade and the number of students participating in the program. Some schools designate swimming for certain grades, usually Grades 3, 4 or 5. Other more enthusiastic schools give each grade the opportunity to attend every school year. iv) Partnerships such as the School Board Swim Program targets members of the community who may not normally be reached through municipal swimming lessons, perhaps due to shift work or irregular schedules not allowing them to attend evening and weekend classes, and lack of ability to pay. It also increases children's exposure to water safety education and lifesaving skills. v) Total children participating in the program during the 2007-08 school year decreased due to a number of factors. Increases in busing and fuel costs have had an impact on the number of children coming from each school as well as the number of schools participating. As well, early dismissal times at various schools impacts the ability of some schools to book late afternoon time slots and return back to the school in time for dismissal. This creates an increasing demand on earlier time slots. Staff continue to monitor this situation. vi) Statistics for the 2007-08 school year were as follows: Participating Schoo . :~ Colle a Park #:of~ ,articipan r . 20 `~' ~ °~G a 3 Courtice North 26 4 Durham Christian 41 2,3,4 Dr. Emil Stowe 50 3,4 Dr. MacGillivra 60 2,3,4,5 Dr. Ross Tille 114 3,4,5 1204 REPORT NO.: CSD-003-09 PAGE 5 Enniskillen 27 3,4 Good She herd 461 1,2,3,4,5,6 Harold Lon worth 60 4 Homeschool 22 1,2,3,4,5,6,7,8 John M. James 47 3,4 L dia Trulls 43 2,3,4 M.J. Hobbs 31 4/5 Ms .Leo Clea 32 4 St. Jose h's 34 4 S.T. Worden 39 2,3,4 Vincent Masse 155 2,3,4,5 Waverle 76 2,3,4 Tot I :y,z ~ ~k~ ~: "; " 338 3.4 Newcastle & District Recreation Complex-Aquatics i) The opening of the Newcastle & District Recreation Complex has brought new programming initiatives to Aquatics. Programs unique to this facility are being offered to the residents of Clarington, with great interest. Some of these programs included new Aquafit classes - Aquajog & Deep Water, Nice & Easy, Shallow Water and Water Power Fitness. Other programs were geared towards children and youth, and venture beyond the traditional swimming lesson program, to include an element of fun and fitness. These included Aquatic Adventures (ages 8 -12 years), Friday Fun (ages 6 -12 years) and Water Explorers (ages 4 months - 5 years). ii) Traditional swimming lessons for all~ages, from Preschool to Adult, have been very well received. Also offered were Lifesaving and First Aid courses. iii) Feedback about the staff, programs and amenities the facility has to offer have been very positive. 4.0 FITNESS PROGRAMS 4.1 Fitness and Youth i) In 2008, Community Services addressed the growing concern over the number of sedentary, obese children in our society by offering the Grade 5 Action Pass and Grade 10 Pedometer Challenge. These programs received funding support from Durham Lives! ii) The Grade 5 Action Pass was offered to all students during the year they were in grade 5. The pass provided free drop-in access to students to 1205 REPORT NO.: CSD-003-09 PAGE 6 public swims and public skates and will run October 1 of the year the student is in grade 5 until August 31 of the following year. The 2008/09 school year is a pilot year for this program and thus far 252 students have taken advantage of the free one year swim/skate membership. iii) In November of 2008, 226 grade 10 students from three local high schools participated in a three week pedometer challenge. Prizes, sponsored by Durham Lives! were awarded on a draw basis including seven Ipod shuffles, one Wii Fit and a $150.00 gift certificate to SportChek for the school with most participants completing. 4.2 Winter Active i) Twice a year, the Federal Government, and in Ontario through Parks and Recreation Ontario, runs campaigns called WinterActive and SummerActive to encourage residents to become physically active: ii) The Courtice Fitness Training Facility facilitated two events for its members as part of WinterActive and SummerActive. Events were "Survivor Clarington 2008" and "The Race Across Canada". Both events encouraged members to increase activity levels as well as try activities that they did not regularly participate in. Both events saw good participation levels and very positive customer feedback. 4.3 Team Training i) Community Services continued to offer Team Training in 2008. Staff at the Courtice Fitness Training Facility provided a conditioning program geared for sports teams, that being primarily youth .sports teams: ii) The types of activities that. are focused on are speed, power, strength, balance and agility in a sport specific manner so the athletes can excel in their sport. Abetter conditioned athlete will have fewer chances for injury so it's important to continually modify the program to challenge and improve their performance. As well, the off-ice time is a wonderful opportunity for the team to bond outside of the game or sport. 4.4 Fitness Centre 10-visit Pass i) Since its inception in September 2007, the 10-visit pass for fitness centre use and aerobics class participation increased in popularity. 10 Visit Pass Sales: Implemented in September 2007, 10 visit pass sales have become very popular as it allows individuals to utilize the facility at a reasonable rate without having to 1206 REPORT NO.: CSD-003-09 PAGE 7 make a membership commitment. This pass has also been popular with high school phys-ed classes. 4.5 Learn to Run i) The Learn to Run Programs offered individuals another alternative to meeting their fitness goals. In addition to becoming more physically fit, participants also forge lasting relationships and bonds with other runners and the instructors. ii) The half marathon program was specifically designed to assist individuals in making the transition from shorter distance runs through to the half marathon distance. The half marathon training program ran for 22 weeks and prepared the runners to participate in a fall half marathon (Scotiabank Toronto Waterfront Half Marathon, September 28, 2008). iii) In 2008, the Learn to Run Clinics continued to see growth with 74 registered participants. The Half Marathon Program which started in the Spring of 2008 was well received with 16 participants registered. 4.6 Fitness Membership Sales i) Membership sales remained consistent compared with 2007. In 2009, staff will continue to focus on maintaining the overall membership base and retaining new members attracted in 2008 as their memberships come due for renewal. ii) In 2008, aerobic registrations increased significantly. In some cases modifications to the class schedule have been made to incorporate the trends in the industry towards youth fitness, mind-body exercise and specialty programs for 2008 by which we will encourage a wider variety of clientele. 1207 REPORT NO.: CSD-003-09 Aerobic Registration Comparison 2007-2008 Courtice Community Complex 800 700 600 500 400 300 200 100 0 PAGE 8 Newcastle & District Recreation Complex Grand Opening October 2008 iii). The Newcastle & District Recreation Complex opened its doors on September 2, 2008: The grand opening October 4th drew a large number of local residents and offered activities, games, BBQ and free public swimming. iv) Eight aerobics courses were offered, beginning with the Fall Session which increased the activity level of 112 registered participants. 5.0 RECREATION PROGRAMS 5.1 Job Opportunity Fair i) The Community Services Department hosted the second annual Job Opportunity Fair in Clarington. Last year's event was held on Saturday, March 1, 2008, at the Courtice Community Complex from 9:00 a.m. to 5:00 p.m. The committee built on a successful first year and invited the Emergency and Fire Services, Human Resources and Operations Departments to participate. Also, to promote the event, staff went to Durham College and three local high schools during their lunch hours. The event was well attended throughout the day. Community Services staff had the opportunity to interview 439 potential candidates. The objective of the day was to help create a larger pool of better qualified part time candidates; by all accounts this was achieved. This year's Job Opportunity Fair took place on February 21,.2009 at the Rickard Recreation Complex. 1208 2007 2008 REPORT NO.: CSD-003-09 PAGE 9 5.2 Financial Assistance Programs i) The Municipality of Clarington, Community Services Department is committed to increasing access and participation in recreation activities among Clarington residents. In 2008, Council approved (CSD-008-08) the implementation of Clarington based financial assistance programs to support individuals and families who require .financial assistance. ii) Canadian Tire JumpStart The Canadian Tire JumpStart program was created by Canadian Tire Foundations for Families, in partnership with the Community Services Department. The program's goal is to provide financially disadvantaged children 4 to 18 years of age with the opportunity to participate in sports and recreation activities. iii) Staff s role is to identify the children in the local community who are in need, determine their eligibility for the JumpStart program and if so, JumpStart will disburse funds to assist in the sport or program registration costs. iv) In 2008, the Municipality of Clarington had $5,560 available to its residents through JumpStart, which provided 25 children the opportunity to participate in sport and recreation activities in Clarington. 5.3 Camp Programs 5.3.1 March Break Camp i) For many years, the Municipality of Clarington has offered a March Break program to its residents. Last year's March Break activities included day camps at Rickard Recreation Complex and Courtice Community Complex for 6 -12 year olds; a Trip Camp for 8 -14 year olds which picked up participants at both locations and for the fourth straight year, we offered a Sports Camp for 8-14 year olds at the Bowmanville Indoor Soccer/ Lacrosse Bowl . ii) Each day participants took part in a variety of activities including arts and crafts, sports, special events and trips planned around themes, as well as swimming and skating. The feedback from the participants, parents and staff confirmed that the programs were well received, and full of activities that were enjoyable for everyone. 5.3.2 Summer Camps i) For a number of years, the Community Services Department has offered summer camp programs to our residents. These camps serve a wide range of children and youth from 4-16 years of age. There are a variety of 1209 REPORT NO.: CSD-003-09 PAGE 10 camp opportunities including; Leadership Camp, Drama Camp, Trip Camp, Sports Camp, Day Camps, Mobile Playground and new in 2008 Kinder Camp. Over 1,400 participants took advantage of our registered camp programs in 2008. ii) In the summer of 2008 we employed a total of 31 students as camp supervisors and counsellors. They brought a wide range of knowledge, experience, leadership and enthusiasm to the team. Staff received 35 hours of pre-camp training in areas such as leadership development, team building, recognizing child abuse, customer service, program planning, behaviour management, conflict resolution and administrative responsibilities. All staff were required to be certified in the High 5 Principles of Healthy Child Development, Standard First Aid and CPR "C" as well as supplying acceptable criminal reference checks. iii) In order to accommodate working parents, our extended hours service was once again provided. Hours were adjusted slightly with early drop off now starting at 7:00 a.m. and pick up now running as late as 6:00 p.m. This service was available at all of our registered camp locations. There were 488 registered campers who took advantage of the after hours program throughout the summer. iv) This past summer, camp participants were offered several trips that were tied into the theme of the week for the program. A conscious effort was made to focus the trips on local attractions and to minimize travel time. Trips included an afternoon of cooking at East Side Mario's, movie screenings at the Clarington Cineplex Odeori, swimming at Cedar Park, and golfing at Quarry Lakes Golf. v) Leadership Camp was held at the South Courtice Arena and was once again very successful. Participants were taught a variety of topics including goal setting, motivation, team building, conflict resolution, leadership, and were encouraged to develop their communication skills and self-esteem. Upon successful completion of this camp, participants received a Certificate of Completion and Certification in First Aid and CPR. Participants were then encouraged to test their new found skills by volunteering in our camp programs. vi) Once again we partnered with the YMCA Early Years staff to continue in delivering a comprehensive Mobile Playground program to the community each week of the summer. YMCA Early Years and Community Services each committed one van and two staff. The drop-in style program offers a less structured option to our day camps for participants and caregivers. The two "Funmobiles" each visited a different location every day and delivered games, activities and crafts appropriate to the participants. No pre-registration was required and often parents/caregivers would come to the park and socialize as their children participated. The Mobile 1210 REPORT NO.: CSD-003-09 PAGE 11 Playground rotated through eleven different parks weekly during the summer which included: Tyrone Park, Orono Park, Guildwood Park, Walbridge Park, West Side Park, Roswell Park, Kendal Park, Ina Brown Parkette, Avondale Park, Elliot Park and Haydon Hall. Visits were extremely well received at all locations with close to 4,000 people visiting the playground throughout the summer. vii) The camp programs will continue to accommodate as many individuals in the Municipality of Clarington as possible. The Department continues to revise and improve the camp program each year, achieving the underlying goal of providing quality programs at a reasonable fee. Total Registered Campers: ~~'_ 2Q07~ '' ~ 20,08` rsy::~:~'~ ~-`~~ Tot I . 1416 1481 5.4 Clarington Idol Talent Showcase i) On Wednesday May 7, 2008, the Community Services Department hosted our first ever Clarington Idol Youth Talent Showcase at the Garnet B. Rickard Recreation Complex. This event ran in conjunction with National Youth Week, which is dedicated to the celebration of youth and their active participation in their community. ii) Doors opened at 6:00 p.m. to an enthusiastic crowd of over 100 people and the show began at 6:30 p.m. There were 11 fantastic youth performances singing the hits of yesterday and today in front of their family and friends. Tickets were $3.00 each and could be purchased at any of our community centres or at the door the evening of the event. Some of our event sponsors who helped make this wonderful event possible were Millennium Music, Star 93.3, and The Firehouse Youth Centre. iii) Staff are busy planning the 2009 event and hope to build on the event's successful first year. This year the Clarington Youth Talent Showcase will be open to both singers and dancers and will take place on Friday May 8, 2009, at the Garnet B. Rickard Recreation Complex. 1211 REPORT NO.: CSD-003-09 PAGE 12 5.5 Summer Job Subsidy Program i) The Summer Jobs Service is a student job subsidy program created by the Province of Ontario and is facilitated in the Durham Region through the John Howard Society. This is the seventh year that the Community Services Department has facilitated the program on behalf of the Municipality. The program provides up to a $2.00 per hour wage subsidy to employers who employ students for the summer. The program also posts jobs which are subsidized by the program in the Summer Jobs Service job bank for student access. The Summer Jobs Service Program offers free training to students in areas such as job search and self- marketing skills. This program is designed to help eligible youth prepare for employment, gain employment experience and stay in school. The Summer Jobs Service program is targeted to students aged 15-24 years (up to 29 for a person with a disability) who are currently attending school and plan to return to school in the fall. It should be noted that eligibility does not guarantee the employer will receive $2.00 per hour per student as the total funds are distributed by formula to the participating employers. ii) In early spring, the Community Services Department submitted an application to the Summer Jobs Service program on behalf of the Municipality of Clarington. There were 103 requests for student positions put forward; we received approval for 50 students into the program. Student's hours were then tracked and invoices were forwarded to the Summer Jobs Service program throughout the summer season. iii) The subsidy that the Municipality received was $31,803.40. Departments do not budget for this revenue as the program is not guaranteed from year to year. The funds are recognized in a miscellaneous revenue account specific to each department. 2008 Summer Job Subsidy - Funding Received by Department ~~~~~ _ De `artment ." `~,. ~, 5. ` .. Amount' ', ,,._. Clerks De artment $600 Plannin De artment $600 Communit Services De artment $22,545.40 Cor orate Services De artment $720 O erations De artment $5,898 En ineerin De artment $1,440 ~`-{` ~° Subsid` Fundin ~ <'~x' {<~ ~ ter, ~ ~ $31,803:40: iv) Employer packages for the 2009 Summer Jobs Service Program will be available shortly and the Community Services Department intends to submit an application on behalf of the municipality once again this spring. 1212 REPORT NO.: CSD-003-09 PAGE 13 5.6 Newcastle & District Recreation Complex-Recreation With the addition of the Newcastle & District Recreation Complex we were able to offer many exciting recreation programs to the residents of Clarington. Participants of all ages had the opportunity to try a variety of programs from hip hop dance to drop-in basketball and many others. The feedback staff has received from program participants has been very positive. Staff are constantly looking at new ideas and programming options in an effort to continually provide the best recreation programs for the residents of Clarington. 5.7 Portfolio Statistics i) Program participant figures for 2008: • 694 children 6-16 years of age attended our after school drop-in program at South Courtice Arena and Newcastle & District Recreation Complex • 846 children 8-14 years of age attended our drop-in basketball programs in Courtice and Newcastle • The birthday party program continues to be very popular with both parents and children. In 2008 we hosted over 70 birthday parties (Saturdays and Sundays, January to May and September to December) • ,Pre-teen dances at the Courtice Community Complex were once again very popular. Statistically we had a slight decline in attendance from 2007 due to inclement weather (December), therefore we offered one less dance in 2008 Youth Dance Attendance: • In 2008 we had a total of 10,092 participants attend our public skate programs throughout the municipality. Below is an attendance comparison by arena for 2007 and 2008. Public Skating Participation: Aren 200. artici yan ` 0 Partici ants Da~~iini ~ on<~S ,o ~,~ ~ e , 1,262 1,416 Garne. ~~ickar~ , ot~ ~ 3,563 3,529 t~Sout -~_~ou~rtice; ~ 6,927 5,147 ~- 0 11,752 10, 092 1213 REPORT NO.: CSD-003-09 PAGE 14 6.0 COMMUNITY DEVELOPMENT 6.1 The mandate of the Community Development portfolio is to provide support, guidance, facilitation and training, as required, to assist the community in the provision of recreation and leisure services. Clarington is a vibrant community with numerous groups and organizations providing many programs and services which contribute positively to the quality of life in our community. Many of these programs and services provide opportunities for healthy, active lifestyles, aid in the development of self confidence and leadership skills or provide a social network for residents. 6.2 In 2008 staff initiated a community development framework as the first step in an enhanced and ongoing program of support and facilitation for community organizations. A community inventory questionnaire and cover letter was sent to 58 targeted organizations. This was followed up with an invitation for an individual meeting with each organization, to discuss their input in a one on one setting and to initiate the process of developing a rapport with each group. 6.3 The purpose of the questionnaire was to create an inventory of programs and services available within the community and also to identify any possible opportunities that may exist for the department to assist the community groups and enhance their volunteer experience. 6.4 During this process, several training opportunities were identified by the volunteer community and staff has initiated a program of volunteer development. 6.5 Staff has also been involved in the "Volunteerism in Youth Sports and Recreation" study which is being coordinated by the Community Development Council Durham and funded through a Trillium grant. The purpose of this study is to gain a better understanding of who is volunteering and why they volunteer. One of the goals is to encourage women and marginalized sectors to become more involved as volunteers. The data collected will be used to identify ways of enhancing the volunteer sector for youth programming in Durham. 1214 REPORT NO.: CSD-003-09 PAGE 15 6.6 Community Events i) Winter WonderLearn The Community Services Department was once again actively involved in the fifth annual Winter WonderLearn. Over 1,500 local residents enjoyed perfect winter weather and the informative displays, hayrides and activities offered as part of this February event at the Courtice Community Centre. ii) Breakfast with Santa For the second consecutive year, Breakfast with Santa was hosted at the RRC. This program is a partnership with Ontario Early Years and the Community Services Department and has grown to an extent that there are now two sittings (9:00 - 11:00 and 12:00 - 2:00). Youngsters (578) and their families enjoyed a full breakfast plus games and activities followed by a visit from Santa. iii) Municipal Grant Review Staff once again conducted a review of the Municipal Grant Program, to ensure that the program continues to provide support to the community in fiscally responsible manner. The review addressed four areas of concern: • organizations receiving funding from the Municipal Grant program and the municipal budget process • procedure for processing requests received after the deadline • procedure to address requests received from individuals • funding for the Rotary Club Canada Day fireworks December 9th staff hosted a community meeting for all perspective grant applicants to introduce the revised Municipal Grant Program. The meeting was an opportunity to review the changes and to emphasize the philosophy of the grant program and answer questions regarding specific applications. 6.7 Clarington Sports Hall of Fame i) The sixth annual Clarington Sports Hall of Fame weekend was celebrated October 24 - 26. ReMax Spirit joined charter sponsors Ontario Power Generation, St. Marys and the Municipality in hosting .the Hall of Fame Induction Ceremony this year. ii) The 2008 inductees included athletes Garry Bachman, Lori Glazier and Sommer West, the team of Jack Brough and AI Osborne and honourary inductees the SPLASH committee. iii) The Friday evening Alumni Night welcomed a new sponsor in Don Breen. Many of our previous inductees joined us for an evening of fellowship with old friends and team mates followed by the Bowmanville Eagles Hall of Fame game. The evening was very well received by those in attendance. 1215 REPORT NO.: CSD-003-09 PAGE 16 7.0 FACILITIES DIVISION 7.1 BACKGROUND The Facilities Division is responsible for the operations and maintenance of recreation facilities managed by the Community Services Department. This includes permitting of arenas, swimming pools, indoor soccer and multi-purpose rooms. The Division is also responsible for concessions, pro shops and vending operations in our facilities. This overview is intended to provide Council with an update on the activities and highlights of the Facilities Division for 2008. 7.2 Supporting the Facilities Manager, the Division is staffed by four Facilities Supervisors and the Food Services Co-ordinator. The supervisors share the management of our seven indoor facilities and outdoor pools, while the co- ordinator is responsible for concession and vending functions in all facilities. Along with the other full time staff, the Division requires approximately 100 part time staff to help operate the facilities. 8.0 FACILITIES PERMITTING 8.1 Our facilities booking office, located at South Courtice Arena is responsible for the majority of the facility permits issued by the department on an annual basis. These permits include all rentals for our major sport users in the arena, pool and indoor field facilities, the annual facility rental contracts for all major ice, field and pool users. The majority of facility usage is permitted to Clarington based minor sport users. Staff has developed a close working relationship with the minor sport groups-and remain~n close contact throughout their respective-season:- 8.2 2008 hourly ice and floor rental statistics are as follows: ,Cate, o - ~=~ -"200 .",,ti r ~ . '~`~.2008 Minor Hocke - Bo s 5897 5841 Minor Hocke -Girls 1560 1816 Fi ure Skatin 1417 1320 S eed Skatin 255 205 Adult Hocke 1560 1337 School Boards 109 271 Other 485 292 Lacrosse/Ball Hockey (Dry Pad) Tota l 1110 ~ ::~ :12;39. 1174 "12;356°# 1216 REPORT NO.: CSD-003-09 PAGE 17 8.3 2008 swimming pool rental statistics are as follows: 8.4 2008 indoor soccer/outdoor lacrosse rental statistics are as follows: Ca e o ~ ~:~~ ~.~ ~:=u '<° ~:..^ ' 200 :~ .2008~~ ~. , ,. Youth Soccer 1191 1355 Adult Soccer 585 662 Other 34 58 Youth Lacrosse Tot~l~', M. r'n_~ ~ K 151 r .f196< Private & Ytn194 2269; 8.5 In addition to private and community group rentals, the department provides a variety of public programs to residents in our arena facilities. 2008 statistics are as follows: . _a. Cate o : ~ ~-~'~ ~ :.. r~>'20~ 20.0,8.x_ Shinn Hocke 412 338 Shinn 55+ 298 233 Youth Shinn 15 106 Ticket Ice 471 587 Skate 55+ 280 264 Parent & Tot Skate 609 575 Public Skatin ;.Total-' ~, . n~;. 272 ~L~ 2;3.5 . 260 ' 2'353 Note: South Courtice Arena Pad 1 ice out form May 28 -August 4, reducing numbers of summer ice program hours 1217 REPORT NO.: CSD-003-09 PAGE 18 9.0 PUBLIC ACCESS DEFIBRILLATOR PROGRAM 9.1 The Public Access Defibrillator program continued to expand during 2008. In September an AED unit was installed at the newly constructed Newcastle & District Recreation Complex. This installation represented the completion of our three year program to have all recreation facilities equipped with a defibrillator. 9.2 On Tuesday, July 22"d at the South Courtice Arena staff responded to a collapsed hockey player. In addition to performing CPR the AED unit was attached to the player and a shock was administered prior to arrival of emergency service personnel. Subsequently, the victim was released from hospital and has been before Council to acknowledge his appreciation for the efforts of our staff that day. 9.3 To date we have certified over 100 staff and various volunteers in automatic external defibrillation. In addition to department staff, Orono Arena staff, Newcastle Arena staff as well as staff and volunteers from the Newcastle Town Hall were also trained. In addition to the initial certification we coordinate an annual re-certification program to keep our staff and volunteers current on the program. 9.4 The Community Services department continues the administration of this program for all seven of our indoor recreation facilities as well as the Orono Arena, Newcastle Arena and Newcastle Town Hall. The annual program support and certification is provided by Central East Prehospital Care Program and the costs associated with this support are provided in the department's annual operating budget. 10.0 CREATING HEALTHY ENVIRONMENTS FOR YOUTH (GREY) 10.1 The Creating Healthy Environments for Youth Coalition continues to act as a working group under the umbrella of Durham Lives. The team and partners continue to promote and support the "Healthy Eating in Arenas" project and have developed a successful communications campaign called "GREY Energizers 2008". This initiative reached over 250 youth team coaches and managers and will greatly assist to educate youth athletic associations and will promote team involvement in the program. 10.2 In support of the various programs, the coalition has created a series of posters, designed by Beaverton resident Margaret Munro that are on display in our recreation facilities. 1218 REPORT NO.: CSD-003-09 11.0 SAFER BARS IN DURHAM REGION COALTION PAGE 19 11.1 Our Food Services Coordinator is an active member of this group's steering committee. The purpose of the group is to develop and provide training programs and workshops for the purpose of "Managing and Reducing Risks for Reduced Liability". The quarterly workshops create a network for assessment, open communications and the promotion of education for bar and banquet facility owners and operators, managers, staff and the community. 12.0 ANNUAL CAPITAL PROJECT PROGRAM 12.1 The Facilities Division is not only responsible for the day-to-day operation of the Municipality's recreation facilities; it also administers the Division's Capital Maintenance Program. Significant in scope, this program ensures our facilities are structurally sound and physical plants are maintained to industry standards. 12.2 Every five years, each facility undergoes a building audit, conducted by consulting engineers. This document provides information related to the structure and physical plant that enables staff to maintain our assets pro-actively, forming the basis for the current year's capital budget and four year forecast, which is approved each year through the budget process. In 2008 a building audit was completed for the Courtice Community Complex. 12.3 In 2008 the largest capital project involved the replacement of the arena dasher board system on Pad A at the Garnet Rickard Complex. In addition energy management projects included the replacement of the refrigeration plant heat exchanger at the Rickard Complex. This unit reclaims the extreme heat generated through the refrigeration compressors and uses this heat to pre heat the domestic water used in the arena washrooms and dressing rooms. 13.0 RECREATION FACILITY CONSTRUCTION 13.1 2008 saw the completion of the Newcastle & District Recreation .Complex. This 56,000 square foot facility was substantially complete on July 18th. Following this date our staff moved into the facility to begin the process of readying it for public use. The complex was opened to the public on Tuesday, September 2"d 13.2 As with most construction projects there remains some minor unfinished work and/or deficiencies and this work is ongoing. For the most part the staff and patrons are extremely happy with the design and construction of the facility. 13.3 It is anticipated that all outstanding deficiencies will be completed and all invoices paid on this project during the first three months of 2009. 1219 REPORT NO.: CSD-003-09 PAGE 20 14.0 ENERGY CONSERVATION 14.1 Facilities management staff are members of the Municipality's Energy Management Steering Committee. As the costs of heat, hydro and water in recreation facilities represents a significant portion of our annual operating costs it is important for staff to stay current in this area. 14.2 Late in 2008 an energy audit for the Garnet B. Rickard Complex was commissioned and at the time of preparation of this report the work had begun. Subject to the recommendations of the report, staff will assist the Steering Committee with an implementation strategy. 14.3 In response to the "10% in 09" initiative to reduce energy consumption, all facilities supervisors have been collectively working on strategies that will assist in meeting this challenge. The department will be calling on all of its full time and part time staff to raise their awareness of this initiative .and to do their part to make it happen. 15.0 DURHAM REGION WATER APPEAL 15.1 The process of this appeal to Durham Region continued through 2008. The intention was to provide statistical data to support our position that a significant amount of the water used in our recreation facilities does not reach the sanitary sewer system and as such we should not be incurring the sewage charges for this water. This appeal is applicable to a portion of the annual water/sewer usage charges at the Garnet B. Rickard Complex, South Courtice Arena and Bowmanville Indoor Soccer. 15.2 The appeal was filed with the Region in June 2008, accompanied by the report completed by our consultant, Durham Energy Specialists. Subsequently the Region requested the installation of supplemental metering equipment for the three locations. In order to qualify for the sewage charge reductions, actual consumption usage would be required. In Fall 2008, this equipment was installed at these facilities. We have been advised by th.e Region that this matter is going before Committee and Council early in 2009. 16.0 SPECIAL EVENTS 16.1 Each year our recreation facilities provide the location for a number of special events hosted by our local minor sport organizations. These events include hockey tournaments and exhibition games, figure skating competitions, speed skating events and swimming meets. In many cases our staff work closely with the organizers to ensure that their events are well run and enjoyed by all those who attend. 1220 REPORT NO.: CSD-003-09 PAGE 21 16.2 Many of these events involve participants and teams from around the region and in many cases from across the province and into the United States. 16.3 In September, the Bowmanville Eagles were hosts to the Ontario Provincial Junior Hockey League's Annual Governors Showcase Weekend at the Garnet B. Rickard Complex. This event involved all 37 teams in the league and attracts scouts and recruiters from the NHL, OHL, NCAA and CIS. With the hard work of the organizers and our staff we are anticipating another successful weekend in 2009. 16.4 In November, The Bowmanville Figure Skating Club hosted the 2009 BMO Skate Canada Eastern Ontario Sectionals at South Courtice Arena. This event has been hosted in Clarington in the past and we look forward to being selected as the site for the future. 17.0 COMMENTS 17.1 The Community Services Department is very proud of our accomplishments over the past year. Our state of the art recreation facilities offer a safe and attractive environment for all our residents to enjoy. 17.2 .Our youth and adult recreation programming continues to provide Clarington residents with a variety of opportunities that encourage a healthy lifestyle. 17.3. In 2009 the department will continue to identify areas of potential development and growth, ensuring quality recreational opportunities for our growing and diverse population. 1221 • l ~ n ar Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Report #: COD-012-09 File # By-law # Subject: RFP2008-21, Door-to-Door Selling of Animal Licenses Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD-012-09 be received; , 2. THAT the proposal received from Animal Licensing Services Inc. of Bowmanville, ON meeting all terms, conditions and specifications of Request for Proposal RFP2008-21 be awarded the contract for the Door-to-Door Selling of Animal Licenses as required by the Municipality of Clarington. The annual cost for this service has been estimated to be approximately $25,000.00 (excluding GST); 3. THAT the contract be extended for a second year and third year dependant .upon satisfactory service and pricing; 4. THAT the required funds be provided from the Municipal Clerk's Department respective year's Animal Services Commission Expense account; and 5. THAT the attached By-law marked Schedule "A", authorizing the Mayor and the Clerk to execute the contract agreement which is satisfactory to the Municipal's Solicitor, be approved. Submitted by: `, ~=V' Reviewer ry: ~' rie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer M M\J DB\SM\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4~~ 1 REPORT NO.: COD-012-09 1. BACKGROUND AND COMMENT PAGE 2 1.1 A Request for Proposal was issued for the Door-to-Door Selling of Animal Licenses as required by the Municipality of Clarington. RFP2008-21 was advertised on the Municipality's website as well as the Ontario Public Buyers` website. 1.2 Only one (1) submission was received. This submission was from Animal Licensing Services Inc., Bowmanville, ON. This submission was reviewed by the Municipality's evaluation team consisting of staff from the Municipal Clerk's Department and Purchasing Services. 1.3 Animal Licensing Services Inc. has provided this service to the Municipality of Clarington for more than ten (10) years and has successfully met our sales campaign requirements while promoting our message of "Responsible Pet Ownership". 2. FINANCIAL 2.1. The Proposal submitted by the subject firm reflects an increase of approximately 4% over previous years. The cost for 2009 as been estimated at $25,000.00. 2.2. In 2008, the Municipality of Clarington saw an increase in revenue generated from this service. This increase generated revenue was partly due to an earlier start for the selling of door-to-door licenses as well as the enforcement of the licensing being increased. 2.3. The required funds are to be drawn from account 100-19-190-00000-7250. 3. CONCLUSION 3.1. Based on the evaluation team's review, it is recommended that the contract be awarded to Animal Licensing Services Inc., Bowmanville, ON. 3.2. It is further recommended that the contract be extended for a second and third year pending satisfactory service and pricing. 3.3. This report has been reviewed for recommendation by the Purchasing Manager and the Municipal Clerk's Department and circulated as follows: 1402 REPORT NO.: COD-012-09 PAGE 3 Concurrence: Municipal Clerk Attachments: Attachment 1 -Schedule "A", By-Law 1403 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Animal Licensing Services Inc., Bowmanville, ON, to enter into agreement for the Door-to-Door Selling of Animal Licenses for the Municipality of Clarington. 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, Animal Licensing Services Inc., Bowmanville, Ontario, and said Corporation for the selling of animal licenses door-to-door within Clarington, on behalf of the Municipality of Clarington; 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 , 2009. By-law read a third time and finally passed this day of , 2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1404 • ar.~ n Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Report #: COD-013-09 File #: Resolution #: By-law #: Subject: PUBLIC SECTOR SALARY DISCLOSURE ACT Recommendations: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report COD-013-09 be received for information; 2. THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate Ministry be notified, which employees, if any, were paid a salary of $100,000 or more (as defined in the Act), for the year 2008. Submitted by arie Marano Director of Corporate Services Reviewed by. MM/gj Franklin Wu Chief Administrative Officer 1405 REPORT NO.: COD-013-09 PAGE 2 BACKGROUND AND COMMENT 1. On January 29, 1996, the Ontario Legislature passed the Public Sector Salary Disclosure Act. This Act requires the Municipality to disclose annually the names, positions, salaries and taxable benefits of employees paid $100,000. or more a year. 2. In 2008, employees paid a salary as defined in the Public Sector Salary Disclosure Act, 1996, of $100,000. or more by the Municipality of Clarington were as follows: Name Position Title Salary Paid Taxable Benefits Wu, Franklin Chief Administrative Officer $ 199,327.76 $ 1,800.03 Marano, Marie Director of Cor orate Services $ 151,665.13 $ 1,822.30 Cannella, Anthon Director of En ineerin $ 139,817.99 $ 1,664.31 Caruana, Jose h Director of Communit Services $ 138,939.65 $ 1,664.31 Crome, David Director of Plannin $ 133,059.76 $ 1,664.31 Ta lor, Nanc Director of Finance $ 132,006.87 $ 1,664.31 Ho kins, Edith Libra Director $ 126,891.54 $ 1,441.95 Weir, Gordon Director of Emer enc Services $ 126,298.99 $ 1,520.77 Horvath, Frederick Director of O erations $ 123,661.96 $ 1,508.07 Barrie, Patti Munici al Clerk $ 113,029.27 $ 1,425.63 Berne ,Mark De ut Fire Chief $ 109,622.75 $ 1,312.56 Hesson, William Prevention/Communication Mana er $ 108,982.87 $ 1,355.61 Van D k, Robert Information Technolo Mana er $ 108,286.92 $ 1,322.58 Benson, Leslie Trans ortation &Desi n Mana er $ 104,830.29 $ 1,239.84 Gordon, Lori De ut Treasurer $ 104,576.81 $ 1,322.58 Lan maid, Fa a Manager Special Projects- Planning Services $ 104,029.53 $ 1,322.58 Salazar, Carlos Communit Plannin &Desi n Mana er $ 103,969.20 $ 1,342.30 Pellarin, Carlo Mana er of Develo ment Review $ 103,726.42 $ 1,285.74 1406 REPORT NO.: COD-013-09 PAGE 3 Name Position Title Salary Paid Taxable Benefits Clark, Norman Mana er of Construction $ 101,208.32 $ 1,220.60 Acorn, Geor a Mana er of Facilities $ 100,432.29 $ 1,278.01 Ta lor, Lar Mana er of Subdivision Im lementation $ 100,136.99 $ 1,288.65 3. It is important to note that the basic pay is the gross salary before statutory deductions for tax, C.P.P., E.I., etc. 4. The Municipality is required to submit this information to the Ministry of Municipal Affairs and Housing and to include the information in the Municipality's annual financial statements. 5. The Ministry of Finance will prepare, for public release on April 1St, a compendium of records of all employees in the Province whose salaries are disclosed. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 1407 • 1 In n Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: February 23, 2009 Resolution #: Report #: COD-015-09 File #: By-law #: SUBJECT: GARNET B. RICKARD RECREATION COMPLEX LEASE SPACE - COMMUNITY CARE DURHAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-015-09 be received; 2. THAT Council provide staff direction with respect to the proposal from Community Care Durham to lease the vacant space at the Garnet B. Rickard Recreation Complex; and 3. THAT Community Care Durham and the Clarington Older Adults Board be advised of Council's decision. / ' ~' ~l Submitted by: Reviewed by: F-z~~~~_ Marie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer Nancy Taylor, B.B.A., C.A. Director of Finance/Treasurer MM/JB/km CORRPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 8 REPORT NO.: COD-015-09 PAGE 2 1. BACKGROUND 1.1 At their meeting of November 10, 2009, Council provided staff with direction to proceed to negotiations with Community Care Durham (CCD) for lease of space required to house Community Care staff and operations currently located at the Clarington Beech Centre. This was in response to a letter from Community Care Durham, dated October 14, 2008, indicating that they were interested in pursuing this approach after determining that the cost to convert the site at GBRRC to house both the Bowmanville office and the Newcastle Adult Day Program in a single facility was cost prohibitive. A copy of the letter is attached as Schedule ~,A., 1.2 Discussions began with Community Care Durham in November 2008 and space requirements were determined to be in the area of 2,000 square feet. Once the space requirements were determined Durham Community Care staff went back to their space consultant to determine office layout then to their contractor to establish an estimated to construct the office space required to house staff from their Beech Street Offices. 1.3 By email dated February 4, 2009 Durham Community Care, (Schedule "B" attached) provided notice that they had found the cost to construct the required offices to be prohibitive. They also reiterated that their preference was to relocate both the Bowmanville office and the Newcastle Adult Day Program to the same facility. With this in mind, CCD proposed that they were interested in acquiring the complete GBRRC space of 5,005 square feet at a gross lease of $13.00 per square foot. A gross lease includes all utilities, snow clearing and waste removal. This proposal is contingent on the Municipality constructing the required space, including offices, washrooms, kitchen facility, improved access, additional windows and use of the patio. 1.4 The lease rate did not speak to the issue of G.S.T. (5%) which is normally extra to the lease rate. In this case with the G.S.T extra it would amount to $0.65 per square foot. If CCD is working on the assumption that the $13.00 rate includes G.S.T. the actual lease rate per square foot would be $12.38 per square foot. 1.5 CCD and the Older Adult Board have been provided a copy of this report at the time of signature to allow representatives to speak to the proposals at GP8~A. 2. COMMENTS/OPTIONS 2.1 For comparison purposes the following schedule provides a comparison of the proposed lease submitted by Community Care Durham against alternate options together with a breakdown of the original proposal received in response to the RFP issued in 2008. 1409 REPORT NO.: COD-015-09 PAGE 3 LEASE OPTIONS Direction Re uested: O tion A O tion B Garnet B. Rickard Recreation Complex CCD Staff Proposal Total Space Available - 5005 sq. ft. 2009 Pro osal Lease hold Improvement Costs Municipality Cost -Maximum Approval $600,000.00 $600,000.00 Community Care Durham Cost ~ NIL NIL .;;Lease Rate.:Proposed/Recommended'` $13.00/sq;'~t. $2000fsq. ft. Utilities Included Extra GST Not specified Extra Annual Revenue Assuming GST Extra or $65,065.00 $100,100.00 Assumin GST Included $61,961.90 Time required too recover municipal investment. Assuming GST Extra or 9.22 years~'~ 5.99 years Assumin GST Included 9.68 ears~'~ Actual revenue earned in 5 years NIL NIL 10 years GST Extra or $50,750.70~2~ $401,401.00 10 ears GST Included $19,827.81~z~ Escalation Clause Not included ~ CPI or reasonable inflation rate UTILITY OPTIONS Community.Care Durham.:. 2008 Proposat ~- ~t 'ffR~~ ~Jw ~ L =`~, ,. ,.=A; t `~ ~ $205,000OQ ~~ $250,OU0.00 ~_„'~; ~~lncluded_ ~ ~ , Extr~> ~,. ~;; ~,~, . 560,06.04 F, ... ,~, 3.A~1, years~'~ ~- ,~ .x -_~ $95,300 04a? $395;60t~t}Q Option 1 Option 2 Staff Pro osal Lease format for the selected Gross Lease including utilities, Net Lease, excluding utilities, lease rate in Option A or B heat/AC, snow clearing, waste heat/AC, excluding GST removal, excludin GST Term -Recommended 10 year, with 10 year option to renew if conditions remain acceptable to the Municipality. Notes (1) This does not consider the cost of utilities or the lost interest on funds used for lease hold improvements (2) Utility costs are not factored into this calculation. Estimated utility cost per year for the leased area - $16,500.00, based on 2007 calendar year. (3) FOR COMPARISON $15.00 =Annual Revenue $75,075.00, Payback 8 year, GST and Utilities paid by CCD $17.00 =Annual Revenue $85,085.00, Payback 7 years, GST paid by CCD; Net Lease 1410 REPORT NO.: COD-015-09 PAGE 4 2.2 Lease Hold Cost /Recovery Now Proposed by CCD at $13.00/sg. ft. Lease Rate: Based on a square footage of 5,005 square feet and the lease rate offered by CCD the annual lease revenue would total $65,065.00 exclusive of 5% G.S.T. paid by CCD. It is estimated that the construction and completion costs per CCD's proposal would be approximately $600,000.00 estimated on Schedule "C"; therefore it would take approximately 9.22 years to recover the costs with no revenue realized until after that time. CCD has also offered a 10 year extension which will provide total revenue of $701,300.00 total revenue over the 20 year proposed life of the lease. These figures are based on the lease rate remaining constant throughout the lease period. If the lease rate proposed is meant to include GST the payback period increases slightly to 9.68 years. If an inflation factor is build into the arrangement, the payback would improve as would the revenue over the lease period. 2.3 The 10 year recovery does not take into account the cost to heat, air condition and light the facility. The estimated annual utilities cost would be $16,500.00, based on average 2007 Rickard Arena costs. When these elements are taken into consideration the payback period of the construction cost increases. 2.4 Please note that this is a very rough estimate and would require confirmation of cost estimates by an architect. This estimate does include architectural services including project management at approximately $85,000.00. 2.5 Initial 2008 Proposal by CCD: In the initial discussions with CCD in 2008 when the Municipality was providing approximately $205,000.00 in leasehold improvements and CCD was covering the office construction estimated at approximately $250,000.00, the pay-back period for municipal investment was estimated to be approximately 3.41 years. 2.6 Given that the current proposal will require the municipality to invest $600,000.00 not contemplated in the budget, the funds will have to be provided from reserve funds. The proposals do not assess the lost opportunity cost (foregone interest) in the amount of approximately $119,400.00 for 5 years (interest rate estimated at 3.98%) or approximately $273,600.00 over 10 years (interest rate estimate - 4.56%), in determining payback and the viability of this proposal. Also, this report does not speak to the matter of potential revenue from tenants who may not require significant leasehold improvements. 1411 REPORT NO.: COD-015-09 PAGE 5 2.7 Working on the assumption that a 5 year pay-back which was reasonably close to the municipality's investment contemplated in the 2008 discussions was an acceptable arrangement, the lease rate on the proposed arrangement put forward by CCD would require a lease rate of approximately $20.00 per square foot. 2.8 One of the areas noted in the CCD e-mail of February 4th, Schedule B, is the requirement of the patio with fencing. This requirement has been reviewed with Community Services and this area has been traditionally used by Community Services programming staff and in addition, various groups renting our Multi Purpose area of the facility, especially the many weddings and banquets, where the adjoining patio has served quite useful. Under the circumstances, unless a sharing arrangement could be made, this requirement could not be met. Please note that the total construction cost estimate retains the value of the patio in the event a sharing arrangement can be made otherwise it will be deleted from the construction estimate. 3. FINANCIAL IMPLICATIONS 3.1 It is recommended that should Council approve moving ahead with construction, an upset limit be established at $600,000.00. The funds are recommended to be funded from the General Municipal Purpose Reserve Fund. 3.2 Council is facing a complex issue of accommodating the spatial requirements of the Older Adults Association which is a municipal mandate. At the same time it may be advisable to consider the potential ramifications for the request from CCD to set a precedent for other non- municipal agencies who may wish to seek accommodations at a reasonable rate with no investment from the requesting agency. 4. CONCLUSON 4.1 After reviewing the proposal from CCD it is expected that costs to complete the renovations will be high and the requirement to provide a reasonable payback would make the lease rate at $20.00 unmanageable for CCD. 4.2 Under the circumstances staff request direction. Alternatively, Council may wish to provide staff with direction to cease discussions with CCD and issue a new RFP for the lease of the space to one or more proponents (The municipality has been approached by at least three firms/individuals interested in leasing space at the GBRRC since the original RFP). 1412 REPORT NO.: COD-015-09 PAGE 6 4.3 In either option staff would provide a report and recommendation on the results of the construction tender options and a final lease for the GBRRC space, or the RFP process. 4.4 Community Care Durham is currently an over-holding tenant at the Beech Street location as their lease expired October 31, 2008. Staff will be providing a subsequent report on this matter once this report is dealt with and staff has direction. 4.5 This report has been reviewed for recommendation by the Purchasing Manager and the appropriate department and circulated as follows: Concurrence: Director of Community Services 1413 SCHEDULE "A" Community Care Durham Clarington COPE Mental Health Program Individual Support Group Support Education Home Support Program Meals on Wheels Transportation Accessible Van friendly Visiting Foot Care Clinics Luncheon Out Telephone Reassurance Home Maintenance Home Help Respite Program Adult Day Programs In-Home Respite Offices Serving Ajax-Pickering Brock Clarington Oshawa Scugog Uxbridge Whitby Charitable Reg.# 11888 9955 RR0001 Volunteer and become an everyday hero A United Way Member Agency October 14, 2008 Mr. Jerry Barber The Corporation of the Municipality of Clarington Manager Purchasing Office 40 Temperance Street Bowmanville, ON L1C 3A6 Dear Jerry: 26 Beech Avenue Bowmanville, ON L1C 3A2 COPE Mental Health Program Tel: 905-623-4123 • Fax: 905-623-2604 Home Support Program Tel: 905-623-2261 • Fax: 905-623-2604 Respite Program Adult Day Program Tel: 1-888-255-6680 • Fax: 905-837-6768 www. commun ityca red urha m.on.ca Re: Lease Agreement between Community Care Durham and the Municipality of Clarington for office space at 26 Beech Avenue Further to recent correspondence with the Municipality of Clarington and the determination that there are currently no suitable locations in the Clarington area in which to expand our programs, Community Care Durham (CCD) is requesting a lease renewal for office space at 26 Beech Avenue. As you are aware we are also seeking additional space at the Beech Centre. On June 5, 2008, Community Care Durham submitted a proposal to the Municipality of Clarington to lease 5005 square feet of space at the Garnet B. Rickard Recreation Complex. This new space would have allowed Community Care Durham to operate all of their Clarington community support services from the one location, including the Adult Day Program. Due to the present dysfunctional layout for office space at the Rickard Centre, and based on feasibility drawings and an estimate from a contractor, it was deemed that the cost to improve this space would be far too substantial for Community Dare Durham to absorb. However, should the Municipality undertake to renovate this space for office use (including windows) CCD would be agreeable to relocate their Home Support and COPE programs presently serviced from the Beech Avenue location. Converting this space to office use would also allow for a variety of other office tenants to share in this space, including perhaps a meeting room that could be rented. Helping people live at home 1414 SCHEDULE "A" Mr. Jerry Barber Municipality of Clarington October 14.2008 Community Care Durham's references will attest to our stability, long term tenancy and timely monthly payments. Thank you for your assistance in this matter. Sincerely, /eJahlr `7~.~+-tom ~-~ Barbara Murcott Director, Administration & Finance cc: Mayor Jim Abernethy, Municipality of Clarington Frank Wu, Municipality of Clarington Brent Farr, Community Care Durham Sally Barrie, Community Care Durham 1415 Page 1 of 2 SCHEDULE "B" Barber, Jerry From: Brent Farr [bfarr@communitycaredurham.on.ca] Sent: Wednesday, February 04, 2009 10:35 AM To: Barber, Jerry Cc: MayorsExternalMailGroup Subject: Garnet B. Rickard Recreation Complex Hi Jerry, In follow up to your email and telephone call to Barb Murcott last week, this will set out Community Care Durham's position regarding our potential move to the Garnet B. Rickard Recreation Complex. Subject to the satisfaction of the challenges presented in this correspondence, Community Care Durham would be prepared to offer the Municipality of Clarington a ten year lease, with a ten year option to renew, on the 5,100 square feet of space in the Rickard Complex to move both our Home Support and COPE office (currently located in the Beech Centre) and our Adult Day Program (currently located in Newcastle). We would be prepared to offer $13.00 per square foot on a gross lease basis. As a result of an expansion of the existing space for these programs and an increase in lease rate compared to the Beech Centre, Community Care Durham would incur an additional $22,000 per year in rent costs based on this $13.00 per square foot. Due to our organizational needs and new integration initiatives by the Central East Local Health Integration Network (our primary funder), it is considered prudent that we collocate the Home Support, COPE, and Adult Day Program together. In order for this move to be viable for Community Care Durham, we are in a financial position to only invest funds in our own interior furnishings and equipment. Therefore, the challenges we face in order to make this new space in the Rickard Complex "office appropriate" are: . Ample exterior windows (as feasible) . Two private accessible washrooms in designated Adult Day Program . Kitchenette with sink in designated Home Support /COPE area . Roughed-in plumbing for a full kitchen in the Adult Day Program . Approximately six completed offices in designated areas . Tile or carpet floor coverings in designated areas . Drop T-bar ceiling . Patio with fencing . Sprinkler system as required by code on finished space . Soundproofing in areas where required (e.g. between gym and Community Care) I recommend that we attend a meeting with the Mayor and the appropriate Municipal department heads as soon as possible to move this opportunity forward as it has been some time since we commenced negotiations. Thank you, Brent Farr 1416 2/13/2009 Page 2 of 2 SCHEDULE "B" Brent Farr Executive Director Community Care Durham 419 King Street West, Unit 605 Oshawa, Ontario L1J 2K5 Email: bfarr@communitycaredurha_m_ .on,_ca Tel: 905-404-2224 ext. 25 Web Site: www.communitycaredurham.on.ca Supporting People, Strengthening Community Confidential: This email and any attachments transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you have received this email in error please notify the sender and delete the a-mail immediately. 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Version: 7.5.552 /Virus Database: 270.10.17/1934 -Release Date: 2/4/2009 8:24 AM 2/13/2009 141 7 SCHEDULE "C" ESTIMATED CONSTRUCTION ELEMENTS AND COST Estimated Cost of Construction elements Fire Rating $30,000.00 Addition of windows on south facing wall and east facing wall $35,000.00 Plumbing for Washrooms & Kitchen $40,000.00 Flooring $25,000.00 Ceiling $60,000.00 Offices, kitchenette and washrooms $250,000.00 Patio $25,000.00 New entrance from exterior of Building $25,000.00 Contingency $25,000.00 Design and inspection $85,000.00 Total Capital Cost (maximum limit of approval for project) $600,000.00* * Estimates have been confirmed with an architect as being reasonable. 1418 • 1 In n Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Report #: COD-016-09 File # Subject: REQUEST FOR PROPOSAL RFP2008-10 - SUPPLY OF CONCESSION ITEMS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD-016-09 be received; THAT Kwik Snacks, Toronto, Ontario be awarded Part A; Part B; Part C; Part E; Part F and Part G for the Supply of Concession Items for a one year term for an approximate annual value of $180,112.78 (excluding GST); 3. THAT Madison Food and Beverage Company, Orillia, Ontario be awarded Part D of the contract to supply and deliver Hot Beverages to the Concession Stands for a one year term for an approximate annual value of $22,018.10 (excluding GST); 4. THAT William Davids Foods Ltd., Bowmanville, Ontario be awarded Part H of the contract to supply the Municipal Administrative Centre and offices with Coffee, Water and Condiments for a one year term. The annual estimated value of this award is $ 7,754.57 (excluding GST). 5. That the contracts be award for a second and third term pending satisfactory pricing and delivery; 6. THAT the funds required for the concession supplies be drawn from the respective Community Services operating budgets; and 7. THAT the funds required for the Administrative Building be drawn from the respective departments' operating budget. Submitted by: MM\JDB\sm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 By-law # ~ ~~~ Reviewed Franklin Wu, Chief Administrative Officer Marie Marano, H.B.Sc., C.M.O. Director of Corporate Services 1419 COD-016-09 Page 2 1.0 BACKGROUND AND COMMENT 1.1 Request for Proposal specifications were prepared and issued, as required by the Municipality of Clarington's Community Services Department. 1.2 This Request for Proposal was advertised electronically and current providers were contacted to advise that this document was available. Subsequently, the specifications were downloaded and picked up by a number of potential .bidders. Submissions were received from William Davids Foods Ltd., Kwik Snaks Ltd., Wonderland Food & Equipment Inc., Madison County and Markcol Distribution Limited. 2.0 ANALYSIS 2.1 As stipulated in the proposal documents, proponents were evaluated based on the following criteria: • Qualifications and Experience • Financial • Variety and Selection • Proposed Equipment • Equipment Maintenance and Service Plan • Delivery and Service Schedule • As well as some other items as detailed within the document. 2.2 Upon completion of the review of the proposals as well as evaluation of the submissions, the highest ranked proposals for each section are being recommended for award of this contract. These companies are Kwik Snak, Madison County and William Davids Foods Ltd. The recommendation of the Evaluation Committee is broken out by section on the table below: 1420 COD-016-09 Page 3 Section Company . Estimated Cost . . excludin GST Part A -Confectionary Kwik Snacks, Toronto, ON $ 43,437.21 Part B -Snack Items Kwik Snacks, Toronto, ON $ 6,098.72 Part C -Perishables Kwik Snacks, Toronto, ON $51,352.04 Part D -Hot Beverages Madison Food And Beverage $21 837.08 Com an , Orillia, ON , Part E -Baked Goods Kwik Snacks, Toronto, ON $22,206.91 Part F -Dairy Products Kwik Snacks, Toronto, ON $24,712.73 Part G -Paper Products Kwik Snacks, Toronto, ON $33,356.92 Part H -Coffee Service William Davids Food Ltd, 754.57 $7 Administrative Centre Bowmanville, ON , 2.3 Kwik Snaks and Madison Foods have successfully provided concession services to the Municipality in the past. William Davids Food Ltd has not worked with the Municipality before however their references proved to be satisfactory. The level of service and product being provided will be consistent with that provided in the past. 2.4 The service and maintenance of all equipment will remain the responsibility of the successful bidder. 2.5 The term of the contract will be March 1, 2009 through to February 28, 2010, with the option to extend for two (2) additional one year terms pending satisfactory pricing and service. 2.6 The unit prices quoted will remain firm for first year. Any/all price increase(s) will not exceed the annual consumer price index, and any price decreases would be passed on to the Municipality. The Municipality reserves the right to review such increases, continue or cancel the contract. Further, this contract could be cancelled should the successful bidder not provide a good standard of service and quality products 1 421 COD-016-09 3.0 FINANCIAL IMPLICATIONS 4 3.1 The funds required for the concession supplies will be drawn from Community Services respective years operating budget. 3.2 When not being purchased for concession usage each department will be responsible for covering any cost incurred through their respective operating budget. 3.3 Queries with respect to department needs, specifications, etc., should be referred to the Community Services Department. 3.4 After further review and analysis of the bids by the Community Services Department and Purchasing, it was mutually agreed that the contract be awarded as broken out in Item 2.2 for the supply of concession items and hot beverage services to the Municipal Administration Centre and arenas. Concurrence: Director of Community Services 1422 1' ~r~ ~ Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Report #: COD-017-09 File # By-law # Subject: SUPPLY OF DRY O TRON UNIT FOR COURTICE COMMUNITY COMPLEX Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD-017-09 be received; 2. THAT Kilmer Environmental Inc., Mississauga, Ontario with a bid $150,120.00 (excluding GST) be awarded the contract for the supply of the Dectron "Dry O Tron" pool dehumidification unit; and 3. That the funds required in the amount of $150,120.00 (excluding GST) be drawn from Community Services 2009 Capital Account # 110-42-421-84249-7401. Submitted by: Marie Marano, H.B.Sc., C.M.O., Director of Corporate Services ~~- i~ c~C~O Y ~. Nancy Taylor Director of Finance MM\JDB\SM\km Reviewed by: ~`' ranklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169 1423 REPORT NO.: COD-017-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 The existing dehumidification equipment installed at Courtice Community Complex, has had numerous repairs since point of installation and does not operate at a capacity which meets the needs of the building. 1.2 The purpose of the equipment is to remove evaporated moisture from the pool surface and use the heat created by the dehumidification process to reheat the pool water. The lack of efficiency in the existing unit creates poor air quality and air circulation in this facility. The existing unit is to be replaced with a newer high efficiency model that will enhance energy savings. 1.3 Other manufacturers were considered however none have had the success rate that the Dectron has had with its "Dry O Tron" Unit. 1.4 The manufacturer of the Dry O Tron, Dectron, will custom build the unit to suit the space with little or no structural or mechanical modifications. The new Dry O Tron is equipped with energy saving state-of-the-art microprocessor controls, intricate mounted sensors that monitor the unit's performance in order to maintain optimum air and water temperature. Energy recycling features provide simultaneous and continuous energy recovery and energy recycling for the pool water and air heating. 1.5 The current Purchasing By-Law allows for purchases through negotiations, under certain conditions, more specifically "when, in the judgement of the Designated Official of the requesting Department and the Purchasing Manager, the purchase involves a type of Goods and/or Services for which there is no reasonable substitute or competitive product." 1.6 The installation of the equipment will be tendered separately as soon as specifications are complete. 1.7 In order to schedule the installation of the Dry O Tron during pool shutdown thereby minimizing disruption to client services this approach is recommended. This unit has a delivery time of 14-16 weeks around which the installation will be scheduled. By ordering the unit separately it will allow the contract for the installation to be competitively bid and the award of contract to be coordinated with the time of the Dry O Tron delivery. This will keep the overall acquisition process to a period of 14 to 16 1424 REPORT NO.: COD-017-09 PAGE 3 weeks rather than 22 to 24 weeks required to if we were to use the conventional approach of awarding one contract for both the supply and delivery. 1.8 Kilmer Environmental Inc. is the sole distributor of Dectron' s Dry O Tron unit in Canada. 2. FINANCIAL 2.1. The pricing submitted from Kilmer Environmental Inc. was in the amount of $150,120.00 (excluding GST) and is within the approved 2009 Capital Budget. 2.2. The required funds are to be drawn from account # 110-42-421-84249-7401. 3. CONCLUSION 3.1. It is the recommendation of staff that Kilmer Environmental Inc. be awarded the contract for the supply of the "DRY O TRON" pool dehumidification unit as a sole source purchase. 3.2. Queries with respect to the project should be referred to the Director of Community Services. 3.3. This report has been reviewed for recommendation by the Purchasing Manager and the appropriate department and circulated as follows: Concurrence: Director of Community Services 1425 • arm n Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Report #: COD-018-09 File # By-law #. Subject: RFP2008-18 Outsourcing of Municipal Tax Bills Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD-018-09 be received; 2. THAT the proposal received from Data Direct Group Inc., Mississauga, ON meeting all terms, conditions and specifications of Request for Proposal RFP2008-18 be awarded the contract for the Outsourcing of Municipal Tax Bills as required by the Municipality of Clarington for a two year term. The cost for this service has been estimated to be approximately $40,308.33 (excluding GST) for the two year term; 3. THAT the contract be extended for a third year and fourth year dependant upon satisfactory service and pricing; and 4. THAT the required funds be provided from the Finance Department's respective year's account 100-21-210-00000-7188. Submitted by: Reviewed by: ~` ~~-= ~°`~(„ arie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer Nan y Taylor Director of Finance MM\Nl1JDB\SM\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169 1426 REPORT NO.: COD-018-09 1. BACKGROUND AND COMMENT PAGE 2 1.1 A Request for Proposal was issued for the Outsourcing of the Municipal Tax Bills as required by the Municipality of Clarington's Finance Department. RFP2008-18 was advertised on the Municipality's website as well as the Ontario Public Buyers' website. 1.2 Twenty two (22) companies obtained a copy of this RFP document. Four (4) submissions were received. Companies who responded to this request for proposal were as follows: Data Direct Group Inc., Mississauga, ON; Cover-All Direct Response Systems Ltd., Markham, ON; Taylor Demers Mail Processing Inc., Scarborough, ON and Gilmore Docu-Link, Burlington, ON. See Appendix 'A' 1.3 As per the Request for Proposal, all submissions were reviewed and evaluated by staff from the Finance Department as well as Purchasing Services. 1.4 Based on the evaluation committee's review and scoring of the submissions two firms, Cover-All Direct Response Systems, Markham, ON and Data Direct Group Inc., Mississauga, ON, were short listed for the presentation stage. 1.5 The evaluation team proceeded to interview representatives from each of these two companies in order to finalize the selection process. 2. ANALYSIS 2.1. Upon completion of the interview/presentation for both firms, Data Direct Group Inc. was the top ranked firm. 2.2. Staff was impressed with the coverage of the proposed services as well as the proponents' experience. Reference checks for the subject firm were good. 3. FINANCIAL 3.1 The Proposal submitted by the subject firm was for two year term with the option to renew for two (2) additional one (1) year terms. The cost of the first two years was set at $ 40,308.33 (excluding GST). This cost is based on volume noted within the RFP document. 1427 REPORT NO.: COD-018-09 PAGE 3 3.2 The required funds are to be drawn from account #100-21-210-00000-7188. 4. CONCLUSION 4.3. Based on the evaluation team's review, it is recommended that the contract be awarded to Data Direct Group Inc., Mississauga, ON. 4.4. ~ It is further recommended that the contract be extended for a third and fourth year pending satisfactory service and pricing. 4.5. This report has been reviewed for recommendation by the Purchasing Manager and the Director of Finance. Attachments: Attachment 1 -Appendix "A", Bid Summary 1428 Appendix `A' • arm n Leading the Way Bid Summary for RFP2008-18 Request for Proposal for Outsourcing of Municipal Tax Bills Taylor- Cover-All Data Direct Docu-Link Demers Mail Processin 2 YearTerm Estimated Cost $ 51,845.79 $ 40,308.33. $ 53,376.90 $ 61,883.56 Pro osed Annual Increases 3'd Year $ 26,507.61 $ 21,990.90 $ 24,988.40 $ 32,341.00 4th Year $ 26,905.22 $ 23,090.44 $ 25,488.16 $ 33,311.23 Estimated Cost for 4 $105,258.62 $85,389.67 $103,853.46 $127,535.79 ear 1429 • ~~ Leading the way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2009 Report #: COD-019-09 File # By-law #. Subject: RFP2008-11 -Official Plan Review -Consulting Services Growth Management and Intensification Sustainable and Healthy Communities Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD-019-09 be received; 2. THAT the proposal received from Dillon Consulting, Toronto, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2008-11 be accepted for the provision of the Official Plan Review -Consulting Services Growth Management and Intensification Sustainable and Healthy Communities with a bid including disbursements of $704,018.00 (excluding GST); 3. THAT the additional funds required in the amount of $91,018.00 be financed from the Municipal Capital Works Reserve Fund of $9,101.80 and $80,898.20 from DC-General Government Reserve Fund; 4. THAT the funds required be drawn from Account # 100-50-130-10529-7160; and 5. THAT staff be authorized to waive the purchasing by law for project consistency and negotiate with Dillon Consulting for Phase 4 of this project should the funding of approximately $84,000.00 become available prior to the contract being completed and report back with the outcome of this phase. ~1 Submitted by: ~ 3.~'>'~~T---~ • Reviewed by: ,//,~/~;C~//~ Marie Marano, H.B.Sc., C.M.O., Direct of Corporate Servyces Nancy to i, B. .A., C.A. Director f Finance/Treasurer M M\J D B\SM\km Chief Administrative Officer ../~ CORPORATION OF THE MUNICIPALITY OF CLARINGTQI~,,O 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-416 REPORT NO.: COD-019-08 PAGE 2 1. BACKGROUND AND COMMENT 1.1 An Expression of Interest EO12008-02 was issued to short list qualified Consultants for the Official Plan Review -Consulting Services Growth Management and Intensification Sustainable and Healthy Communities. This Expression of Interest was advertised on the Municipality's website as well as the Ontario Public Buyers' website. In addition, a number of potential bidders were advised of the opportunity. 1.2 A total of twenty-seven (27) consulting firms obtained a copy of this document. Six (6) submissions were received. As per the Expression of Interest, these submissions were reviewed and evaluated. As a result of the review and evaluation four (4) firms were short listed for the Request for Proposal stage. 1.3 The selected four (4) firms were sent a copy of the Request for Proposal RFP2008-11 Official Plan Review -Consulting Services Growth Management and Intensification Sustainable and Healthy Communities. 1.4 The short-listed four (4) consulting firms received the bid document and three (3) submissions were received. As per the Request for Proposal documents, the consultant selection would be made on the basis of the written proposal, a potential interview as well as reference checks. 1.5 Three consulting firms submitted a comprehensive proposal addressing all issues contained in the bid document. 1.6 All submissions received were then reviewed by Municipality's evaluation team consisting of staff from Planning Department as well as Purchasing Services. 1.7 Based on the evaluation committee's review and scoring of the submissions two firms, Dillon Consulting, Toronto, Ontario and The Planning Partnership, Toronto, Ontario, stood out based on their overall scores. 1.8 The evaluation team proceeded to interview representatives from each of these two Consulting firms in order to finalize the selection process. 1431 REPORT NO.: COD-019-08 PAGE 3 2.0 ANALYSIS 2.1. Upon completion of the interview for both firms, Dillon Consulting was the top ranked firm. 2.2. Staff was impressed with the coverage of the proposed services, proponents' experience and enthusiasm for the project. Reference checks for the subject firm were good. 2.3. Dillon's proposal include four phases for Growth Management, Intensification and Employment Lands, Sustainable and Healthy Communities, and Implementation and Monitoring; in addition, there will be three special projects undertaken simultaneously: the Courtice Main Street (Corridor), Courtice Employment Lands, and the Parks, Open Space, and Trails Study. As approved by Council in May 2008, this work will be carried out over the next three years. During 2009 -2010, our focus will be on the Growth Management component that will implement both the Places to Grow Plan and the Region's Growing Durham Implementation of the Provincial Plan. At the same time we will start work on the Courtice Main Street (Corridor) and Courtice Employment Lands Secondary Plans. 2.4. Due to budgetary constraints, Phase 4 of this project, which consists of Implementation and Monitoring including zoning techniques and neighbourhood planning, is being removed. This phase was $76,740.00 (excluding GST) for Consulting Services and $7,707.96 (excluding GST) for disbursements for a total of $83,877.00. Staff are requesting Council approval to negotiate this Phase back into the contract should the funding become available through future budget allocation or excess Development Charges prior to the Contract being completed. Should this occur Staff would provide a report back to Council, with the outcome of this Phase. 3. FINANCIAL 3.1. The Proposal submitted Dillon Consulting was in the amount of $646,943.00 (excluding GST) plus Disbursements in the amount of $57,075.00 (excluding GST) for a total of $704,018.00 (excluding GST). Currently the Official Plan Review account has approved funds carried over from previous years of $613,000.00. 1432 REPORT NO.: COD-019-08 PAGE 4 3.2. The additional funds of approximately $91,018.00 required to finance the total project cost of $704,018.00 will be funded from the Municipal Capital Works Reserve Fund in the amount of $9,101.80 and $80,898.20 from the DC- General Government Reserve Fund. 3.3. The required funds are to be drawn from account # 100-50-130-10529-7160. 4. CONCLUSION 4.1. Staff are recommending that the proposal from Dillon Consulting, Toronto, ON be accepted and the Evaluation Committee be authorized to negotiate a final contract which is satisfactory to both parties. 4.2. Queries with respect to the Official Plan should be referred to the Director of Planning Services. 4.3. This report has been reviewed for recommendation by the Purchasing Manager and the appropriate department and circulated as follows: Concurrence: Director of Planning Services 1433 • arm n Leading the Way UNFINISHED BUSINESS REPORT CORPORATE SERVICES DEPARTMENT Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE February 23, 2009 COD-005-09 (Addendum) File #. By-law # Subject: COMMUNITY VIDEO SHOWCASE PROGRAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD-005-09 (Addendum) be received; 2. THAT the requirements of the Purchasing By-law be waived; 3. THAT the Municipality enter into a two (2) year agreement with CGI Communications, Inc., Rochester, New York, for the provision of a no cost Community Video Showcase program coupled with opportunities for local business to showcase and promote themselves; 4. THAT the attached By-law Schedules "A" authorizing the Mayor and the Clerk to execute the two (2) year agreement be approved; 5. That the Director of Corporate Services be authorized to sign any related operating agreements that may be required during the term of the master agreement that may be necessary to facilitate the provision of the services; and 6. That the Purchasing Manager be authorized to negotiate an additional two (2) year agreements with CGI Communications in the event a competitive service is not available on expiry of the 2009-10 agreement or subsequent extensions after review of market competitiveness; and 7. That the Director of Corporate Services be authorized to approve and sign the agreements to extend the services beyond the current and subsequent terms provided competitive se s are not available. : ~i~ Submitted by: Reviewed by: "~~~~ ~., arie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative OfFcer MMWDBUcm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1 701 REPORT NO.: COD-005-09 (Addendum) 1. BACKGROUND AND COMMENT PAGE 2 1.1. At the General Purpose and Administration Committee Meeting of January 19th, 2009, Report COD-005-09 (copy attached as Schedule "A") was referred back to Corporate Services staff for a report responding to the following: • Was the Region of Durham contacted to see if they are interested, or if they know whether other companies can provide the same service? • There was a concern for waiving the by-law for a US Based firm to come in and take advantage of the opportunity. • How will the Board of Trade, and BIA's be able to participate in the opportunity - through links to their websites, or video clips? • How much staff time is required, seeing that we are under a great amount.of pressure now with the Clarington.net etc, and we are currently working with a lean staff? • What liability is attached if they post information that is problematic or a problem for the company that they contract with? • There was a concern that the businesses that they contact, might be circulated under a "business list" and their names could be circulated • Mayor Abernethy had printed a copy of a contract from the City of Grand Island Nebraska, and he had some concerns. 1.2. The recommendations as provided in the report COD-005-09 continue as noted. 2. ANALYSIS 2.1. The following is provided for information in response to the above noted questions and concerns: 2.1.1 Was the Region of Durham contacted to see if they are interested, or if they know whether other companies can provide the same service? 1702 REPORT NO.: COD-005-09 (Addendum) PAGE 3 • As this was a marketing effort directed to the Municipality of Clarington, staff did not contact the Region nor did CGI Communications contact the Region. As the program includes video clips that are community specific CGI Communications are focusing on the single or lower tier municipalities, not regional governments, at this time. Note, that the Town of Whitby has agreed to participate (not yet active) and Chatham-Kent went active earlier this year. In addition, since the initial report, Oshawa and Napanee have signed agreements with CGI. Since the original report was presented to the Manager of Communications and Marketing, had discussion with the Regional staff and they have confirmed that they have not been contacted by CGI Communications. Regarding another provider offering the same service, there are a number of videographer services within the Region however the service has a cost attached. Staff is not aware of any similar service on a no cost basis but is recommending a trial two year agreement only, in the event that a competing service comes to our attention. If this should occur during the two year term and the service has proven beneficial, a request for proposal will be issued inviting submissions for comparable competitive service for a subsequent term. Since the initial report was reviewed by Committee on January 19'h Purchasing has been contacted by a local videographer seeking additional information on the services offered by CGI. Although the inquiring firm does not offer the same service they were interested in the video production. Since the video production is the responsibility of CGI the inquiring party was referred to CGI for more information on any sub-contracting opportunities. 2.1.2 There was a concern about waiving the by-law for a U.S. Based firm to come in and take advantage of the opportunity. • Although this service is provided at no cost to the Municipality. Staff felt it prudent to have the by-law waived as this was considered a pilot program. The alternative would have been to issue an Expression of Interest or Request for Proposal taking several weeks and considerable staff time and advertising expense for what is viewed as a trial program. 1 703 REPORT NO.: COD-005-09 (Addendum) PAGE 4 Request for Proposal taking several weeks and considerable staff time and advertising expense for what is viewed as a trial program. 2.1.3 How will the Board of Trade and BIA's be able to participate in the opportunity - through links to their websites, or video clips? Is this initiative more related to the Board of Trade activities? • The focus of this initiative by CGI is on Municipalities. However, the Clarington Board of Trade has already expressed an interest in accessing the videos for promoting Economic Development. This can be done through site linkages and the BIA could also link to the videos. If they want their "own" video clip, they would be able to arrange this through CGI Communications - they would become an advertiser and get their own specific clip that would be online with the Municipality's. Costs for advertising on the site start at approximately $1,000 for level one (no video), $3,000 for level two (30 second video) or $6,000 for level three (60 second video). These prices are also subject to nominal reduction for upfront payment. 2.1.4 How much staff time is required, seeing that we are under a great amount of pressure now with the Clarington.net etc, and we are currently working with a lean staff? • This is difficult to estimate. It could take up to 14 hours of staff time to script and shoot each video clip and there can be up to nine (9) clips. However, this is an upfront cost in time and will not be repeated for the duration of the agreement. The videos are shot once during the two year program and these can be updated on a regular basis with new material, if necessary. 2.1.5 What liability is attached if they post information that is problematic or a problem for the company that they contract with. • All advertising placed on the site is reviewed and approved by municipal staff and we have veto rights on advertising/promotional material that is considered inappropriate. The company has also agreed to amend the agreement to suit the municipality and as noted in the sample agreement for the City of Grand Island, we can and will include indemnification clauses tot 704 REPORT NO.: COD-005-09 (Addendum) PAGE 5 protect the municipality. It is also acknowledged that the reputation of this company will suffer should they post anything that would have a negative impact to their clients -paying or not. 2.1.6 There was a concern that the businesses that they contact might be circulated under a "business list" and their names could be circulated. • CGI Communications has advised that they do not sell their client list; however, this can be dealt with in the agreement. CGI Communications stands to lose a great deal if they share/sell their client list. For clarification, anyone wanting to acquire client names need only go to the various websites to acquire this information. 2.1.7 Mayor Abernethy printed a copy of the contract from the City of Grand Island, and he had some concerns. • Staff has reviewed the agreement for the City of Grand Island and note the extra clauses not included in the template provided by CGI Communications. Staff will be amending the agreement to address the municipality's needs and concerns including the insertion of an indemnification clause. 3. CONCLUSION 3.1. The foregoing responds to the areas of concern as staff understand them. Despite the investment of staff time in preparing the video clip and the agreement, this opportunity remains an excellent opportunity to showcase the benefits of moving to the municipality. Therefore, it is respectfully recommended that the report be received for information and the recommendations as proposed in Report COD-005-09 be approved. Attachments: Schedule "A" -Report COD-005-09 1705 • Iwadi~ tilr~ R'ay REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE C Date: January 19, 2009 ~j ~PSa~ u-~On~~1 ~1~ ~ /~~ Report #: COD-005-0~ File # By-law #, Subject: COMMUNITY VIDEO SHOWCASE PROGRAM Recommendations: It is respectfully reoommen~ed that the General Purpose and Administration Committee recommend to Council the Ilowing: THAT Report COD-b05-09 be received; 2. THAT the requirements of the Purchasing By-law be waived; 3. THAT the Municipality enter into a two (2} year agreement with CGI Communications, Inc., Rochester, Ne York, for the provision of a no cost Community Video Showcase program coupled witih opportunities for local business to showcase and promote themselves; 4. THAT the attached y-law Schedules "A" authorizing the Mayor and the Clerk to execute the two (2) year agr ement be approved; 5. That the Director of corporate Services be authorized to sign any related operating agreements that mayy be required during the term of the master agreement that may be necessary to facilitaibe the prevision of the services; and 6. That the Purchasing. Jlanager be authorized to negotiate an additional two (2) year agreements with COjI Communications in the event a competitive service is not available on expiry of the 200 -10 agreement or subsequent extensions; and 7. That the Director of orporate Services be authorized to approve and sign the agreements toe the services beyond the current and subsequent terms provided competitive s is are not available. \ v'} C Submitted by: Reviewed by: ara o, H.B.Sc., C.M.O., Franklin Wu, Director of orporate Services Chief Administrative Officer MMUDB1km CORPORATION OF THE MUNICIPALITY OF CLARINt3TON 40 TEMPERANCE STREET, OWMANVILLE, ONTARIO L1C 3A6 7(905)623-3379 F (905)623-4169 1706 REPORT NO.: COD-005-09 PAGE 2 BACKGROUND AND COMMENT 1.1. In 2008 the Manager of Communications and Marketing was contacted by a representative of CGI Communications Inc. of Rochester, New York, with a services proposal that would provide an opportunity for the municipality to showcase our community through our website at no cost and also provide local businesses an opportunity to promote their services and/or products by posting a link on the Municipality's website on a fee for services basis. 1.2. If accepted, the two (2) year agreement will cover the following services: 1.2.1. CGI Communications will visit the municipality and produce, at no cost to the Municipality, a Welcome video as well as up to nine (9) highlight videos on topics such as relocation, economic development, business and industry, education, health care, culture and diversity, sports and recreation, history in government and tourism. To quote the material, the CGI "program will be customized to showcase the best of what Clarington has to offer to residents, visitors, and your business community". There will be no cost to the municipality for this service. In addition to viewing the video clips available through the website, with a simple click on the appropriate command a video clip can be sent to anyone in the world with access to the web. By clicking on the interface the recipient will be able to view the video in its entirety. 1.2.2. In the addition to the municipal component CGI will also provide local businesses with the opportunity to utilize the CGI technology to showcase their businesses and products and services on the municipal website. CGI will handle all promotion to Clarington businesses and produce logos, video clips as applicable. There is a fee for this service and CGI provides three different levels at costs that will fit small to large businesses. Beyond the free services noted above, the municipality does not share in the revenues derived from the sale of advertising to local business. 1.2.3. A copy of the Summary of Community Video Showcase Program listing sample sites for viewing is attached as Schedule "B". 1707 REPORT NO.: COD-005-09 PAGE 3 1.3. With respect to the promotional material prepared for local businesses and placed on our website, it is understood that said material must be in accordance with best practice and community standards and the Municipality will have final approval to ensure material is acceptable. 1.4. There are a number of U.S. cities taking advantage of this opportunity and Schedule B lists two as examples. In Canada, Chatham -Kent is utilizing this service and Whitby has signed on with CGI and currently has a letter from the Mayor on their website advising of the upcoming promotional feature and opportunity. 2. ANALYSIS /FINANCIAL 2.1. The program offered by CGI is an excellent opportunity to showcase the highlights of Clarington as a place to reside and conduct business. The size of the audience is limited only by the number of people with access to the web with very little effort or cost to the municipality. Although there will be no monetary charge to the municipality for the community videos we will expend some staff time during the development of the program and there will be staff time needed to review the business promotional material before it is placed on the website and to coordinate the introduction of the material to the website. For clarification, there is no revenue generation for the municipality associated with this trial and, there is no commitment needed on the part of the municipality for a minimum number of local business promotions. 2.2. Staff is recommending that the municipality take advantage of this opportunity on a two year trial basis to determine the benefits and the worth of the program. As this is a service that may be offered by other marketing firms we are requesting that the Purchasing By-law be waived in this instance to permit us to enter into a trial agreement with CGI instead of undertaking a market search to determine if a competitive service is available. Should competing firms come to our attention during the two year agreement this information will certainly be kept on record in the event the service proves satisfactory and we wish to continue with a similar arrangement beyond the two year term. 2.3. In the event that the program is a success and the municipality wishes to continue this service beyond the expiry of this trial agreement and there are no known competitors for 1708 REPORT NO.: COD-005-09 PAGE 4 it is further recommended that the Purchasing Manager be authorized to negotiate a new agreement for an additional two year term. 3. CONCLUSION 3.1. On reviewing the material and considering the opportunity to promote the municipality and its services the services and the technology offered by CGI is an excellent fit on the website and will provide benefits to the municipality, its residents and local businesses. The addition of the local business promotion opportunity is a bonus for the local business community that can be provided at no cost to the municipality. CGI will undertake all of the video productions and the promotions to local businesses with the exception that the municipality will post a notice of the proposed service on the website as the Town of Whitby has done. Attachments: Schedule "A" - By-Law Schedule "B" -Summary of Community Video Showcase Program 1709 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and CGI Communications, Inc., Rochester, New York, to enter into agreement for the provision of a Community Video Showcase 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, CGI Communications, Inc., Rochester, New York, 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 By-law read a third time and finally passed this 2009. day of , 2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1710 ~~~ Leading the way MEMO TO: Mayor Abernethy and Members of Council FROM: A. Greentree, Deputy Clerk DATE: February 23, 2009 C-1 RE: APPOINTMENT TO THE CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE Our File No.: C12.GE An advertisement was recently run in the local newspapers and on our Clarington Website seeking applications from interested parties to fill three vacancies (one for each of Wards 1, 3, and 4) on the Clarington Traffic Management Advisory Committee. Mr. Alan Baylis was the only applicant. He is a Ward 3 resident. His application has been circulated confidentially under separate cover. ~,? -' ~~ C. AnnrrGre tree, BA, CMO Deputy Clerk CAG Attachment CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 1901 HANDOUTS/CIRCULATION S GPA Ytl@ ~4 llllfr r. 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N ~ ~ ~ ~ ~ r ~ -~ ~ o ~ ~ ~ ~ o ~ o ~ U U U U ~ V V ~ ~ -~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L U Q oC oC oC = Q ~ ^ ^ ^ ._ ._ a--~ H (!) V .~ N (/') a--~ L .; w a--i a--~ L U ^ .... _~~ 3 ~~ ~" ,~ ~ ~ t ~ s ~ t~ M ~, 'y ~. ~ a 4 ~ ...~ i ^~ 3 D ~ '~ '~ a ~~ ~~ ~~' a =: , !~ r [ 0 t i V ~ s a (~ _3 i 0 Y C L ® Community Care Durham COPE Mental Health Program IndiNdual Support Group Support Edvcatlon Home Support Program Meals on Wheels Transpodatbn Accessiole Van FrieMly Visiting Foot Care Ciniw Luncheon Oul Telephone Reassurance home Maintemnce Homo Help Respite Program Aduk Day Programs In-Home Respite t~cas Serving Ajaz•Pickering Brock Clarington Oshawa Scugog UxWidge wnimy Charitable Reg.# 11888 9955 RR0001 Volunteer and become an everyday hero A United Ylay Member Agency February 20, 2009 Mr. Jerry Barber Manager, Purchasing Services The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Dear Jerry: Oshawa Centre 419 King SVeet West, Suite t1605 Oshawa, ON L1J 2K5 Tel:905-004-2224 • Faz:905-404-2241 www.communitycaredurham.on. oa Re: General Purpose and Administration Committee Report #COD-015-09 Upon review of the above noted Report that is scheduled to go before the General Purpose and Administration Committee on Monday February 23, 2009, I would like to communicate the following to the members of Council: • In my February 4, 2009 email I recommended to you that I would like to meet with the Mayor and the appropriate Municipal department heads as soon as possible to move this opportunity forward. I was informed via email on Wednesday afternoon February l8, 2009 of the Committee meeting and this Report. • I am not aware that Community Care Durham (CCD) ever supported / suggested a potential contribution on our part of $250,000 for office construction as indicated in item 2.5 of your report. An original estimate of $150,000 to $200,000 was noted in our RFP for interior leasehold improvements (based on our previous experience) which we later clarified the difference between these two amounts would cover all additional costs, i.e. furniture, equipment, telephone systems, moving, etc. • Our $13.00 proposed lease rate does not include GST. • I am confident that, as previously discussed verbally, we could negotiate a sharing arrangement for the patio with fencing (item 2.8 of the report). • You indicate that we determined that the cost to convert GBRRC to house both our Bowmanville office and Newcastle Adult Day Program to a single facility was cost prohibitive (from a renovations perspective). This is why, at the time, we considered moving only our Beech Avenue location to GBRRC. However, as I indicated in my February 4, 2009 email, due to our subsequent organizational needs and new integration initiatives by the Central East Local Health Integration Network (our primary fonder), it is considered prudent that we collocate the Home Support, COPE and A dolt Day Program together. .../2 'felping people live at home Jerry Barber /February 20, 2009 /Page 2 of 2 Item 3.2 in the Report notes that Community Care Durham is not making an investment in the property. As noted in my February 4, 2009 email, based on $13.00 per square foot, Community Caze Durham will incur $22,000 in increased annual rent costs to move our operations to GBRRC. Further, our Board of Directors approved $75,000 for one-time furniture and equipment costs associated with moving our Clarington operations. It appears to us that the "highest and best use" for the available space in the GBRRC facility is for offices. As we have stated earlier, we believe that it is reasonable to expect that this property would be "office use ready" for any potential office use occupant, whether they are part of the Municipality or not. In terms of the estimated $600,000 cost for leasehold improvements, this amount is significantly higher than what I would have anticipated. I would like to recommend an RFP be conducted to confirm this estimate, categorized by cost of construction elements as outlined in Schedule "C" of the Report. Conununity Care Durham - Clarington has been in partnership with the local governments within the Municipality of Clazington for over 30 years. For the past 10 years we have had a lease agreement with the Municipality and have successfully negotiated leasehold improvements which both parties were satisfied with. This partnership is an outstanding example of two entities working together for the health care benefit of vulnerable residents within our community, the majority being older adults, allowing people to live independently with a network of support in their own homes. As I recommended to you in my email of February 4, 2009, we would appreciate the opportunity to meet with the Mayor and the appropriate Municipal department heads as soon as possible to discuss options to move this opportunity forward. You truly, Brent Farr Executive Director Cc. Mayor Jim Abernethy Regional Councillor Mary Novak Regional Councillor Chazlie Trim Councillor Adrian Foster Councillor Ron Hooper Councillor Willie Woo Councillor Gord Robinson Barb Murcott, CCD Sally Barrie, CCD Monday February 29`h, 2009 Clarington Older Adult Association Presentation Re: Report COD-015-09 Good Morning, Mayor Abernethy, Councillors & Staff Angie Darlison and I are here to speak to Report COD-015-09 that addresses Municipal lease negotiations with Community Care Durham for space at the Rickard Complex As Council deliberates this topic -and regardless of your decision, one way or the other - we wish once more to state our position concerning the Beech Centre. The reality is, with present COAA membership, we need more space. When we first learnt (in mid-2008) that Community Care was looking to relocate to expanded premises, we were relieved. This could potentially help us with our growing space needs at the Beech Centre. We communicated with Council on this -first with Angie's delegation 14 July 2008, followed by two letters from me in August and September 2008. Both letters dealt with COAA's request for extra space. Just to remind you, I submitted my September letter when Community Care's initial lease negotiations failed and we were informed that they would after all seek to renew their soon-to-expire Beech Centre office space lease. Two key points in that letter were that: 1. Council should not lose sight of the original vision and intent behind the Beech Centre acquisition in 1998 -namely to provide a home for the Clarington Older Adult Association. 2. Community Care is not locked in to the Centre like we are. In my view, their office can potentially move to another rental location within Clarington -publicly or privately owned. We can't. We are raising this with you again today as we recognise the outcome of Report COD-015-09 may impact us one way or another. Regardless of that outcome, however, COAA's request concerning additional space at the Beech Centre still stands, and will need to be addressed. I would like to return to the vision and intent aspect that Peter mentioned since it is so impartant. Council acquired the Beech Avenue property over ten years ago specifically for the older adults, and Municipal records indicate (and I quote) "the premises are to be used for the purpose of a social and activity centre for older adults". That is absolutely clear. Back in 1998, though, because our organization did not need all the space in the facility at that time, Council arranged for the COAA to sublet space to Community Care and the Lions Nursery School. This made good sense at the time. However, that was then. This is now. We have come a long way. And municipal/legal changes to our organization aside, what is most important, is the older adult centre is a Clarington success; Council and staff -you can be proud. We have a great older adult centre; friendly, dynamic and very active, it has quadrupled in size, and we are still growing. Consequently, we need more space As executive director, I can speak to this directly. I am fully involved in managing and optimising space usage at the centre. It is a complex task given the number and the wide range of activities that take place daily (by popular demand) and the high participation rate (involving several hundred members attending the centre each day). We manage, but often lack suitable program space for the many smaller group activities that we run, and that our members so enjoy. So, what is the bottom line? We believe the time has arrived fox 26 Beech Avenue to become the complete older adult centre it was originally intended to be. We have the members, the organization and the results to justify this. We would therefore request that Council support our position and authorize Staff to help resolve our space situation at the Centre, along with the sub-tenant/sub-lease issues, and move the matter forward to a sound conclusion. Thank you, Your Worship and Councillors. As always we appreciate your support.