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HomeMy WebLinkAbout09/28/2009 (j1aJ]~11 . J ElIeI'gizillg Olltario ---" GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: September 28, 2009 9:30 A.M. COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) Minutes of a Regular Meeting of September 14, 2009 401 5. PRESENTATIONS (a) Peter Simmons, Director, Municipal and Community Engagement Nuclear Waste Management Organization - Regarding the Proposed Process for Selecting a Site to Host Canada's Long-term Management Facilities for Used Nuclear Fuel (b) Sheila Hall, Clarington Board of Trade, Regarding Addendum #2 to Report COD-005-09, Community Video Showcase Program (c) John O'Toole, Regarding Highway 407 East, PLN 23.5.14 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) No Delegations 7. PUBLIC MEETINGS (a) An Application to Amend the Clarington Zoning By-law Applicant: The Durham Church Network Report: PSD-089-09 701 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 GP. & A. Agenda - 2 - September 28, 2009 8. PLANNING SERVICES DEPARTMENT (a) PSD-089-09 Proposed Zoning By-law Amendments to Permit a Place of 801 Worship, Associated Day Care Facilities, and Playing Fields Applicant: The Durham Church Network (b) PSD-090-09 Addition to Municipal Register of Properties of Cultural 809 Heritage Value or Interest (c) PSD-091.;09 Minor Variance to Sign By-law 97-157 814 Applicant: Eldad United Church (d) PSD-092-09 Highway 407 East Environmental Assessment 823 Municipality of Clarington Comments to the Ministry of Environment (e) PSD-093-09 Declaration and Sale of Surplus Property, Part Lots on 845 Plan 18T -95028 on Glenabbey Drive and Meadowglade Road, Courtice to 708545 Ontario Limited (Geranium Corporation) 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-028-09 Dunbury Subdivision Phase 1, Bowmanville, 901 Plans 40M-2096 and 40R-21119, 'Certificate of Acceptance' and 'Assumption By-Laws', Final Works Including Roads and Other Related Works (b) EGD-029-09 Monthly Report on Building Permit Activity for August, 908 2009 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT No Reports G.P. & A. Agenda - 3 - September 28,2009 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-017-09 Compliance Audit - John Mutton 2006 Election Campaign 1301 (b) CLD-018-09 Appointments to Samuel Wilmot Nature Area Management 1305 Advisory Committee and to The Green Community Advisory Committee 14. CORPORATE SERVICES DEPARTMENT (a) COD-054-09 Tender CL-2009-28, Guideraillnstallation 1401 (b) COD-055-09 Co-operative Tender T-220-2009, Supply, Retreading, 1407 Repair and Disposal of Tires and Tubes (c) COD-056-09 Confidential Report - Personal Compensation Matter Regarding an Identifiable Individual (d) COD-057-09 CL2009-22, Concession 7 & 8 Rehabilitation, between 1411 T ownline Road & Hwy 35/115 (e) COD-058-09 Seniors and Physically Disabled Sidewalk/Windrow Snow 1419 Clearing 15. FINANCE DEPARTMENT (a) FND-022-09 PSAB 3150 Tangible Capital Assets Update 1501 (b) FND-024-09 Annual Commodity Hedging Report - 2009 (c) FND-025-09 Annual Leasing Report - 2009 1504 1506 (d) FND-026-09 Municipal Performance Measures Program - 2008 1507 16. CHIEF ADMINISTRATIVE OFFICE No Reports 17. UNFINISHED BUSINESS (a) Addendum #2 to Report COD-005-09, Community Video Showcase Program 1701 G.P. & A. Agenda - 4 - September 28,2009 18. OTHER BUSINESS (a) Dennis Hefferon, Solicitor, Confidential Verbal Report Regarding an Expropriation 19. COMMUNICATIONS 20. ADJOURNMENT C;'w:mgton General Purpose and Administration Committee Minutes September 14, 2009 Minutes of a meeting of the General Purpose and Administration Committee held on Monday September 14, 2009 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Acting Chief Administrative Officer, M. Marano Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Manager of Development and Review, C. Pellarin (attended the meeting until 11 :04 a.m.) Manager of Special Projects, Planning Services, F. Langmaid (attended the meeting at 10:00 a.m.) Internal Auditor, Finance Department, L. Barta Fire Chief, Emergency Services, G. Weir Deputy Clerk, A. Greentree Administrative Coordinator, H. Keyzers 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 Robinson announced that the Kendal Eagles won the Senior B. Championship this past weekend. He noted that both the Kendal and Clarington fields were used during the competitions and that teams from Hamilton and London made favourable comments regarding the field conditions. Councillor Robinson thanked the Operations Department and the Community Services Department staff for their assistance. 401 General Purpose and Administration Committee Minutes September 14, 2009 Councillor Woo announced the following: . The Terry Fox Run was hosted on Sunday, with the festivities beginning on Thursday night with the Great Canadian Head Shaving. He noted that both events had a great turnout. Next year will be the 30th anniversary of Terry's Hope. . The Opening Ceremonies of the Orono Fair were attended by Mayor Abernethy along with Bev Oda and John O'Toole. The opening ceremonies took place at the Orono Fairgrounds inside a wrestling ring. . On September 13th Ron Eccles' art work "Parallel Worlds", will be on display at the Visual Arts Centre and Elke Clarke's art "Sands of Time Port Darlington Beach Houses" will be displayed in the Municipality's gallery. Councillor Trim announced that the September 10th edition of the Toronto Star had an article entitled "Tiny Township's Big Victory." The article stated that Simcoe County has opened the door to sending its unrecyclable waste to a planned incinerator in Durham Region. Councillor Trim advised that the Region of Durham has not approached Simcoe County or any other township with an interest in a deal. He noted that the Region has received an invitation to attend a Simcoe County meeting, but they have not made a decision on whether or not to attend. He thanked Councillor Foster for his openness for advising that he had sent a report along to the Ministry of Environment. Mr. Cliff Curtis, Commissioner of Works, Region of Durham, will be forwarding correspondence to Council advising on the status of this matter. Councillor Hooper announced the following: · The Clarington Green Gaels won Silver at the Founders Cup. He congratulated the Gaels on a job well done. · The Clarington Older Adult's held an open house in September. At this Open House all of their course initiatives were presented. He congratulated the organizers. He also advised that the Clarington Older Adults membership has increased. · The Bowmanville downtown core was vandalized this past Saturday. All the flowers located downtown were thrown onto the road. Councillor Hooper congratulated Councillor Woo for having his head shaved to help support cancer awareness. Mayor Abernethy congratulated the organizers of the Orono Fair for another successful year. - 2 - 402 General Purpose and Administration Committee Minutes September 14, 2009 MINUTES Resolution #GPA-488-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on July 6, 2009, be approved. CARRIED PRESENT ATIONS There were no presentations scheduled for this meeting. DELEGATIONS Marion Manders advised prior to the meeting that she would not be in attendance. Richard Ward addressed the Committee regarding Report PSD-086-09, Modification to the Oak Ridges Moraine. Mr. Ward advised that he has been involved with the Oak Ridges Moraine for 20 years. He noted that he requested that his property in Kendal be exempt from this zoning in 1996. In 2002 he advised that he received a Letter of Intent from Tim Horton's to purchase his property. Tim Horton's subsequently built at the Noones Gas Station on Highway 115. Mr. Ward stated that Tim Horton's exists at this location without proper approval of applications. He stated that he has submitted a complaint to the Planning Department and to the Municipal Solicitor explaining this. Mr. Ward requested that the C8 zone be removed from the proposed zoning by-law. Richard Ward addressed the Committee regarding Cost Cutting Measures. Mr. Ward noted that Council is obligated to provide services and that these services are for the general interest of the public. He noted that he has requested, but has not received, a copy of Report CAO-004-09. Mr. Ward requested that the walking bridge over the Mill Street rail be reviewed in its entirety. He noted that a walking tunnel does not meet the requirements of the residents and that an underpass should be constructed. Richard Ward addressed the Committee regarding a property standards issue. In May, 2009 the By-law Enforcement Division initiated a clean-up of his property. A number of items were taken including debris and vehicles. He stated that $50,000 worth of property items were removed and that the fee for this removal was added to his tax bill. Previously, in 2002 $15,000 worth of property was removed under the direction of the By-law Enforcement Division. Mr. Ward stated that he did not receive any communications from the By-law Enforcement Division advising that they would be attending his property for clean-up. Mr. Ward expressed concerns that the contractor who undertook the clean-up is operating their business illegally from a site not properly zoned. As well, Mr. Ward claimed that the contractor is clear-cutting a wood lot illegally. - 3 - 403 General Purpose and Administration Committee Minutes September 14, 2009 He requested the Municipality to initiate an investigation and request the Durham Regional Police Services to relinquish jurisdiction so that a proper investigation may be done. He further requested that the fees associated with the property standards order be suspended from his taxes. Lloyd Elliott advised prior to the meeting that he would not be in attendance. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applicant: Report: Application to Amend Zoning By-law Green Martin Holdings Ltd. PSD-078-09 Meaghan Kroon, Junior Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-078-09. Donald Bromley addressed the Committee stating that he and his wife object to anything being erected on the proposed site and any changes to the by-law. Mr. Bromley advised that on May 10, 1997 he attended Kaitlin's real estate office and reviewed the plan of the proposed subdivision which identified a parkette on the property which is the location of the current rezoning application. They took possession of their house in March 1998. He advised that prior to building a fence in the back, he attended the Town Hall to see if he could erect a gateway into the parkette before continuing. There were no objections made and nothing noted in writing by the Planning Department. The Bromleys have been using this gate for over 10 years and maintain the grounds behind the fence. Mr. Bromley stated that over the last 5 years he has been unable to maintain the property himself and has hired someone to maintain the grounds. Mr. Bromley advised that he and his wife, along with other residents, object to having anything built on this property. It will devalue the property and block their view. Marlene Bromley addressed the Committee stating that she is very concerned with the proposed two houses being erected. She objects to this application as these houses will obstruct their view, which until now they have enjoyed. Melissa Esler addressed the Committee and noted that she concurs with the comments made by Mr. and Mrs. Bromley. She stated that the proposal will devalue her property and that the kids in the neighbourhood would very much enjoy the park. Kelvin Whalen, Kaitlin Group, appeared on behalf of the applicant Green Martin Holdings Ltd. He concurs with the recommendations contained in Report PSD-078-09. He noted that the creation of two lots on Boswell Drive will not preclude development to the west, and that two existing road connections will still be provided on Boswell Drive. - 4 - 404 General Purpose and Administration Committee Minutes September 14, 2009 He also noted that excavating the roadway for the purposes of servicing the two lots would be too restrictive and the roadway would be repaved to its original state. PLANNING SERVICES DEPARTMENT APPLICATION TO AMEND ZONING BY-LAW 84-63 BY GREEN MARTIN HOLDINGS LTD. TO PERMIT THE DEVELOPMENT OF TWO (2) SINGLE DETACHED LOTS, EACH HAVING A MINIMUM FRONTAGE OF 10 METRES, FRONTING ONTO BOSWELL DRIVE Resolution #GPA-489-09 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report PSD-078-09 be received; THAT the application submitted by Green Martin Holdings Ltd. be referred back to staff for further processing and the preparation of a further report; and THAT all interested parties listed in Report PSD-078-09 and any delegations be advised of Council's decision. CARRIED AS AMENDED (See following motion) Resolution #GPA-490-09 Moved by Councillor Foster, seconded by Councillor Woo That Resolution #GPA-489-09 be amended by removing the words in the second paragraph, "referred back to staff for further processing and" and replacing them with "continue to be processed including". CARRIED The foregoing resolution #GPA-489-09 was then put to a vote and carried as amended. CLARINGTON SIGN BY-LAW Resolution #GPA-491-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-079-09 be approved; THAT the Sign By-law contained in Attachment 1 to Report PSD-079-09 be passed and come into effect January 1, 2010; - 5 - 405 General Purpose and Administration Committee Minutes September 14, 2009 THAT By-law 97-157, as amended, be repealed effective December 31,2009; THAT consideration of the content of Section 8.4 Election Signs of the By-law contained in Attachment 1 to Report PSD-079-09 be deferred until Council is able to hold a meeting for the purpose of educating and training the members of Council concerning municipal election matters; THAT subsequent to the meeting of Council referred to in paragraph 4 of this recommendation, the Municipal Clerk report to Council on the content of Section 8.4 Election Signs; THAT the Mobile Sign Business Licensing By-law contained in Attachment 3 to Report PSD-079-09 be passed and come into effect January 1, 2010; and THAT all interested parties listed in Report PSD-079-09 and any delegations be advised of Council's decision. CARRIED LAND ACQUISITION 10 DUCHESS STREET - ORONO Resolution #GPA-492-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-080-09 be received; THAT the property identified as 10 Duchess Street, Orono, Ontario and being more particularly described as part of Lot 10, Block "C" C.G. Hanning's Plan, former Village of Orono, being Part of Lot 29, Concession 5, Municipality of Clarington, Regional Municipality of Durham be approved for acquisition for the purchase price of (ten thousand dollars) $10,000.00 plus adjustments; THAT, in addition, the Municipality will pay the Vendors on the Closing Date the sum of One thousand five hundred dollars ($1,500.00) as an allowance to compensate for topsoil and reseeding necessitated by the erosion washout; and the sum of eight hundred and ninety five dollars ($895.00) which are the taxes paid from August 2008 to closing; THAT the funds for the purchase, and any associated costs, be charged to account number 110-50-130-85002-7401 Land Acquisition; THAT the By-law attached to Report PSD-080-09 be passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute an Agreement to acquire the property; and - 6 - 406 General Purpose and Administration Committee Minutes September 14, 2009 THAT staff and the Municipal Solicitor be directed to take all necessary actions to complete the transaction. CARRIED DISSOLUTION OF CLARINGTON HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE Resolution #GPA-493-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-081-09 be received; THAT the Clarington Highway 407 Community Advisory Committee be dissolved; THAT the members of the Clarington Highway 407 Community Advisory Committee be thanked for assisting the Municipality in the review of the Environmental Assessment for the Highway 407 East Extension; and THAT all interested parties listed in Report PSD-081-09 and any delegations be advised of Council's decision. CARRIED AS AMENDED (See following motion) Resolution #GPA-494-09 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Resolution #GPA-493-09 be amended by adding the following to paragraph one: "as amended by deleting Section 3, subsection 3.3,". CARRIED The foregoing resolution #GPA-493-09 was then put to a vote and carried as amended. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 9, 2009, JULY 30, 2009 AND AUGUST 20, 2009 Resolution #GPA-495-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report PSD-082-09 be received; and - 7 - 407 General Purpose and Administration Committee Minutes September 14, 2009 THAT Council concurs with the decisions of the Committee of Adjustment made on July 9, 2009, July 30, 2009 and August 20, 2009 for applications A2009-0017 and A2009-0019 through A2009-0028 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE ROAD LAND CORPORTATION Resolution #GPA-496-09 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report PSD-083-09 be received; THAT the application submitted by Prestonvale Road Land Corporation, to remove the Holding (H) symbol on Lot 54, Plan 40M-2391 be approved; THAT the By-law attached to Report PSD-083-09, to remove the Holding (H) symbol be passed and that the Region of Durham be forwarded a copy of Report PSD-083-09; and THAT all interested parties listed in Report PSD-083-09 and any delegations be advised of Council's decision. CARRIED ONTARIO MUNICIPAL BOARD DECISION ON OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND SITE PLAN CONTROL APPLICATION, FILES COP A2007 -0007, ZBA2007 -0026, SP A2007 -0021 APPELLANT: ADESAlIMPACT AUTO AUCTION CANADA CORP. Resolution #GPA-497-09 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Report PSD-084-09 be received for information. CARRIED - 8 - 408 General Purpose and Administration Committee Minutes September 14,2009 ONTARIO MUNICIPAL BOARD DECISION ON OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND SITE PLAN APPLICATIONS APPELLANT: BOWMANVILLE CREEK DEVELOPMENTS INC. Resolution #GPA-498-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-085-09 be received for information. CARRIED MODIFICATION TO THE OAK RIDGES MORAINE ZONING BY-LAW 2005-109 Resolution #GPA-499-09 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-086-09 be received; THAT the Municipality of Clarington concurs with the modifications to the Oak Ridges Moraine Zoning By-law 2005-109, proposed by the Ministry of Municipal Affairs and Housing with the exception of modifications 18, 31, and the non-decisions contained in Attachment 1 to Report PSD-086-09; THAT the amendments to the Site Plan Control By-law contained in Attachment 4 to Report PSD-086-09 be approved in principle and brought forward for Council approval upon approval of Zoning By-law 2005-109 by the Ministry of Municipal Affairs and Housing; THAT a copy of Report PSD-086-09 and Council's decision be forwarded to the Ministry of Municipal Affairs and Housing, the Durham Region Planning Department, the Durham Region Works Department, Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority, Kawartha Conservation Authority and the Otonabee Region Conservation Authority; and THAT all interested parties listed in Report PSD-086-09 and any delegations be advised of Council's decision. CARRIED HERITAGE CONSERVATION DISTRICT REVIEW Resolution #GPA-500-09 Moved by Councillor Hooper, seconded by Councillor Trim THAT Report PSD-087-09 be received for information; and - 9 - 409 General Purpose and Administration Committee Minutes September 14, 2009 THAT any interested parties or delegation be advised of Council's decision. CARRIED COST BENEFIT OF WEATHER CONDITION STUDY Resolution #GPA-501-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT staff be requested to investigate the feasibility of undertaking a weather condition study to determine if there is an opportunity for a private winery to be established within the Municipality of Clarington. CARRIED RECESS Resolution #GPA-502-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Committee recess for 10 minutes. CARRIED The meeting reconvened at 11 :14 a.m. Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE, 2009 Resolution #GPA-503-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report EGD-026-09 be received for information. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY, 2009. Resolution #GPA-504-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-027-09 be received for information. CARRIED - 10 - 410 General Purpose and Administration Committee Minutes September 14, 2009 OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - JUNE, JULY & AUGUST 2009 Resolution #GPA-505-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report ESD-01 0-09 be received for information. CARRIED JUNIOR FIRE FIGHTER PROGRAM SPONSORSHIP Resolution #GPA-506-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT a letter of appreciation be forwarded to Ontario Power Generation for their sponsorship of the Junior Fire Fighters' Program. CARRIED Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT GRADE 5 ACTION PASS Resolution #GPA-507-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report CSD-014-09 be received for information. CARRIED Councillor Hooper chaired this portion of the meeting - 11 - 411 General Purpose and Administration Committee Minutes September 14, 2009 CLERK'S DEPARTMENT ANIMAL SERVICES QUARTERLY REPORT - April - June, 2009 Resolution #GPA-508-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-014-09 be received for information; and THAT a copy of Report CLD-014-09 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED 2ND QUARTER PARKING REPORT Resolution #GPA-509-09 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report CLD-015-09 be received; and THAT a copy of Report CLD-015-09 be forwarded to the Bowmanville Business Centre for their information. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CONTRACT AWARDS, SUMMER COUNCIL RECESS Resolution #GPA-51 0-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Report COD-052-09 be received; and THAT the By-law attached to Report COD-052-09, marked as Attachment 2, authorizing the Mayor and Clerk to enter into the necessary agreement, be approved. CARRIED - 12 - 412 General Purpose and Administration Committee Minutes September 14, 2009 TENDER CL2009-40, SNOW CLEARING & WINTER MAINTENANCE OF MUNICIPAL PROPERTY, SIDEWALKS & PARKING LOTS FOR NEWCASTLE & SURROUNDING AREAS Resolution #GPA-511-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-053-09 be received; THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of $56,979.60 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-40, be awarded the contract for the Snow Clearing & Winter Maintenance of Municipal Property, Sidewalks & Parking Lots for Newcastle & Surrounding Areas; THAT pending satisfactory pricing and service the contract be extended for a second and third year; and THAT the funds expended be drawn from the Operations, Emergency Services, Community Services and Clerks Department(s), 2009 Operating Budget(s). CARRIED SENIOR SNOW CLEARING OPTIONS Resolution #GPA-512-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT staff be requested to investigate options for a senior snow clearing program including programs in neighbouring municipalities. CARRIED FINANCE DEPARTMENT REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - JUNE 2009 Resolution #GPA-513-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report FND-019-09 be received for information. CARRIED - 13 - 413 General Purpose and Administration Committee Minutes September 14, 2009 REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - JULY 2009 Resolution #GPA-514-09 Moved by Councilllor Robinson, seconded by Councillor Woo THAT Report FND-020-09 be received for information. CARRIED FINANCIAL UPDATE AS AT JUNE 30TH, 2009 Resolution #GPA-515-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-021-09 be received for information. CARRIED SALES TAX REFORM - 2010 HST UPDATE Resolution #GPA-516-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Report FND-023-09 be received for information. CARRIED CHIEF ADMINISTRATIVE OFFICE 2009 LONG TERM SERVICE EVENT Resolution #GPA-517-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CAO-005-09 be received; and THAT Council approve the Long Term Service event, as described in Report CAO-005-09, for 2009 with a cost not to exceed $5,000. CARRIED - 14 - 414 General Purpose and Administration Committee Minutes September 14, 2009 UNFINISHED BUSINESS STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE Resolution #GPA-518-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Addendum 1 to Report PSD-067-09 be received; THAT Report PSD-067 -09 be tabled until the October 19th meeting of the General Purpose and Administration Committee; and THAT all interested parties listed in Report PSD-067 -09 and any delegation be advised of Council's decision. CARRIED DELEGATION - RICHARD WARD - REPORT PSD-086-09 - MODIFICATION TO THE OAK RIDGES MORAINE ZONING BY-LAW 2005-109 Resolution #GPA-519-09 Moved by Councillor Trim, seconded by Councillor Foster THAT the delegation of Richard Ward be received for information; and THAT Mr. Ward be provided with the Ministry of Municipal Affairs and Housing's contact information. CARRIED DELEGATION - RICHARD WARD - REGARDING COST CUTTING MEASURES Resolution GPA-520-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the delegation of Richard Ward be received with thanks. CARRIED - 15 - 415 General Purpose and Administration Committee Minutes September 14, 2009 DELEGATION RICHARD WARD - REGARDING PROPERTY STANDARDS ISSUE Resolution #GPA-521-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the delegation of Richard Ward be received for information. CARRIED OTHER BUSINESS Councilor Robinson expressed thanks to the Councillor Trim and the Region of Durham for the work completed on Mill Street, Newcastle. He also thanked the Engineering Department for the sidewalk work. CLARINGTON OLDER ADULT PARKING LOT SNOW CLEARING Resolution #GPA-522-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Operations Department clarify who is responsible for the snow removal at the Clarington Older Adult Centre and report back with options. CARRIED COMMUNICATIONS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA-523-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 12:17 p.m. CARRIED MAYOR DEPUTY CLERK .16 . 416 J.... '.-~J..m'~ ....rtm...:..... .,."".."w..:.....' lo.'" "~f ,rl" ff UA!'. " r--;" U uadin, tho Way be ~! DEVELOPMENT APPLICATION BY: DAVID FOWLER IN TRUST OF THE DURHAM CHURCH NETWORK ~, AN APPLlCATlON TO AMEND THE CLARINGTON ZONING BY-LAW CORPORATION OF THE MUNICIPALITY OF. CLARINGTON NOTICE OF PUBLIC MEETING PUBLIC MEETING REPORT # PSD-089-09 DURHAM CHURCH NETWORK The Council of the COlVOration of the Municipality of Clarington will consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. APPliCATION DETAILS The proposed Zoning By-law Amendment application, submitted by David Fowler in Trust of the Durham Church Network would permit a place of worship, associated day care facilities and playing fields. The subject property is located in Part Lot 35, Concession 4, former Township of Darlington, at 1437 Taunton Road as shown on reversf:'. TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington has deemed the above noted application complete and will consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. Planning File No.: ZBA2007-Q02S ----'-"~'=""C>.~-.c.'"=--.,=."..~ . PUBliC MEETING The Municipality of Claring!On will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and proviae additional information relative to the proposed development. ThE: public meeting will be held on: DATE: TiME: PLACE: Monday, September 28,2009 9:30a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanvllle, Ontario A!\'Y PERSON may anslle the pUblic meeting and/or make written or verbal representation either in support of CJr ir opposition to the proposal. ThE: start time Iisteo above reflects the time at which the General Purpose and p,aministration Committee Meeting commences. If )lei: cannol atteno the PUbliC Meeting on thiS application YOlJ can make a deputation to Council at their meeting on Moncay OctotJei 5,2009, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with tne Clerks Department by the Wednesday noor;, September 30, 2009 to have your name appear in the Agenda. ~~..-....o'''''''''-=-~'''''=-'-''"''''''='~-=-'=-='~'''''=--'''''''~''_'''''-'''L'.oo'-''''_ "'~"._"'=_'="""'-"""'-=~~".___ COMMENTS OR QUESTIONS? If you wiSh to make 6 written submission or if you wish to be notified of subsequent meetings or the approval Oi thE 2.onin:; By-law .Arnenarnem, YOL must submit a written request to the Cler1<'s Department, 2nd Floor 42 Te:noerance Siree:, Bowmanviile. Ontario Lie 3AE. Additional informaticr, relating to tne proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during .July and August 8:00 a,m. and 4:00 p.rr.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowrnanville, Ontario.; 1C 3A6, or by calling Bot. Russell at (905) 623-3379 extensior, 341 or by e-mail 81 brussell@clarinaton.net - """"""""'_=""=~~=-_~....,_.o.C"~,~"..,.."........~_~.",,_-,.,.,=._____.,~~.,...-...-=--=_-.. APPEAL If a person or public body dues not make oral submissions at this public meeting or make written submission te the Municipality of ClaringLOn before the proposed Loning By-law Amendment is approved, the person or public oody: i) is nOi entitleo iO appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) the person or public body may not be added as a party to the hearing of an appeal before the Ontaric Municipal Board unless, in the opinion of the Board, there are reasonable grounas to add the person or public body as a party. Municipaiity of Clarington this Z}I;.. day of Al~..J. _, 2009, ,/ David rome, M.C.LP., R.P.F, Director of Planning Servic&s iIIIunicipaiity of Ciarii1gtoT' 40 Temperance Street Bowmanvllle, Ontario L1 C 3M ~1!Iiil.1 "ra,..~:""~"'.'~~';::~~**n...~:""iJncl1.l..f- - .., cc L.DO Records 701 TAUNTON ROAD (Durham Regional Road 4 ) I I ~ _J ___J_ -. ~- ; ! J g:- 8F ,,\Q0- o- f 0- -.",J o N 1 :. Cl .. <( '0 a:: Property location Map (Fonner DarlIngton Twp.) Cf) ZBA 2007-0029 ~ ZONING BY -lAW AMENDMENT u:: SPA 2009-0019 SITE PLAN AMENDMENT Owner: David Fowler In Trust 01' The Durham Church Network CllJrwgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 28,2009 Report #: PSD-089-09 File #: ZBA 2007-0029 By-law #: Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A PLACE OF WORSHIP, ASSOCIATED DAY CARE FACILITIES, AND PLAYING FIELDS APPLICANT: THE DURHAM CHURCH NETWORK RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-089-09 be received; 2. THAT the application submitted by The Durham Church Network for Zoning By-law Amendment continue to be processed including the preparation of a subsequent report following the receipt of the outstanding agency comments; 3. THAT Staff continue processing the Zoning By-law Amendment application; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Da' :J. Crome, MCIP, RPP Director, Planning Services Reviewed by: ~q;- a linWu ;fj Chief Administrative Officer BR/CP/df/av 22 September 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 801 REPORT NO.: PSD-089-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: David Fowler in Trust of the Durham Church Network 1.2 Owner: (same as applicant) 1.3 Proposal: Rezone to permit a site-specific exception in the Rural Residential Cluster and the Green Space designations for a place of worship, associated day care facilities, and playing fields. 1.4 Area: 3.8 hectares (9.38 acres) 1.5 Location: 1437 Taunton Road, being in Lot 35, Concession 4, former Township of Darlington (see Attachment 1). 2.0 BACKGROUND 2.1 On May 11, 2007, David Fowler in Trust of the Durham Church Network submitted applications for Clarington Official Plan Amendment and Rezoning seeking permission for a place of worship, associated day care facilities, and playing fields. 2.2 An Environmental Impact Study was required as part of the processing of the three applications. Phase 1 of the Study focussed on the principle of development. Based on the Phase 1 Final Report, Central Lake Ontario Conservation and the Municipality concluded that the development could be approved in principle. The Municipality and Durham Region approved the Clarington Official Plan Amendment in late fall of 2008 with the rezoning application deferred pending submission of the site plan approval application. On August 26, 2009, David Fowler in Trust of the Durham Church Network submitted an application for Site Plan Approval for the above-mentioned facilities. 2.3 Studies submitted with the site plan approval application were: hydrogeologic investigation report, septic system design report, design of stormwater management system report, and traffic impact study. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is located in the southwest quadrant of Taunton and Fices Roads. The property is L-shaped, wrapping around three single detached residential lots located at the southwest corner of the above intersection. The property is currently occupied by a single detached dwelling, accessory building sheds, a barn, a silo and hayfield. The remainder of the property is valleyland for a tributary of Harmony Creek (see Attachment 1). 3.2 The surrounding uses are as follows: North - eastern portion - three single detached dwellings western portion - Taunton Road and beyond, a rural residential dwelling South - cropland and a rural residential dwelling 802 REPORT NO.: PSD-089-09 PAGE 3 East - West - Fices Road and beyond, cropland cropland and rural residential dwellings 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement Properties in the rural area, according to the Provincial Policy Statement (PPS), can accommodate limited residential development and other rural land uses. The PPS requires development be appropriate to available or planned infrastructure. Rural uses must comply with, the minimum distance separation formulae. The applicant has submitted an agricultural report noting compliance regarding minimum distance separation and no interference with nearby agricultural uses. Natural features and areas are to be protected for the long term. The Environmental Impact Study - Phase 1 has ensured all development is outside of and suitably buffered from the Harmony Creek Tributary Valleylands Environmental Protection Area. 4.2 Greenbelt Plan The property is in the rural area of the Protected Countryside. Rural area policies support and provide for a range of uses including institutional. A place of worship along with day care facilities and playing fields is consistent with these policies. The general non-agricultural use policies of the Greenbelt Plan apply. These policies state such proposals must demonstrate appropriateness of the use for a rural area, appropriate water and sewer servicing and that there are no negative impacts of key natural heritage features and of key hydrologic features or the functions 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The 1991 Durham Regional Official Plan designates the property as Major Open Space Area and it recognizes residential clusters as identified in area municipal Official Plans and Zoning By-laws. Cultural facilities of a religious nature are encouraged to locate within urban areas but are permitted in any designation except Permanent Agricultural Reserve and General Agricultural Area. The proposed use with its location is permitted. Such uses shall be directed to locations that are visible and accessible to residents of the Region, preferably in close proximity to existing and future transit routes. Rural residential clusters are not to be zoned on Type 'A' arterial roads such as Taunton Road. However, the zoning of the Taunton cluster preceded this policy. Development in Residential Clusters is to occur on private services. The new Regional Official Plan (Amendment No. 114, adopted September 13, 2006) permits religious facilities in Urban Areas and if appropriate in scale, in Hamlets. Although the policies of Amendment No. 114 would not permit the development, they were not in force when the application was filed. 803 REPORT NO.: PSD-089-09 PAGE 4 The 1991 Plan, in force at the time of the application for an official plan amendment and for rezoning, was deemed to be the applicable Official Plan for consideration of the applications. Durham Region approved this non-exempt Clarington Official Plan Amendment in late fall of 2008. 5.2 ClarinQton Official Plan This Plan designates the portions of the property as Rural Residential Cluster, Green Space and Environmental Protection Area. Through a site specific official plan amendment, a place of worship, associated day care facility and playing fields are permitted on this property. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the property "Rural Cluster (RC)", "Agricultural (A)" and "Environmental Protection (EP)". These zones do not permit the proposed use, hence the application for amendment. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject property. Public notice signs were installed on the property's two frontages, one on Taunton Road and one on Fices Road, 23 days prior to the public meeting date. 7.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries or comments. 8.0 AGENCY COMMENTS 8.1 Comments have not been received from some of the circulated departments and agencies at the writing of this report. 8.2 Clarington Building Division comments focused on site plan matters such as barrier-free access and parking spaces. 8.3 Engineering Services noted that prior to final approval of the subject site plan the applicant will be required to satisfy Engineering Services regarding the following concerns and conditions: traffic, grading and drainage, and entrances. 8.4 Emergency and Fire Services noted the on-site water supply connection on the site plan drawing is to comply with Municipality of Clarington specifications and "No Parking Fire Route" signs are to be installed as per site visit. The secondary fire emergency route is to be accessible throughout the year even when there is snow accumulation. 8.5 Central Lake Ontario Conservation commented that the Stormwater Management Report generated a number of comments that need addressing or clarification prior to 804 REPORT NO.: PSD-089-09 PAGE 5 approval. The Hydrogeological Report was reviewed and general comments have been made, however, this report is to be peer reviewed by the Environmental Impact Study consultant to provide a comprehensive review. The Greenbelt Plan requires a minimum 30 metre Vegetation Protection Zone (VPZ) from the boundary of key hydrologic features such as Harmony Creek and its riparian wetland, which should be indicated on the site plan drawings. The Hydrologic Protection Zone (HPZ) should be set back from the creek and wetland a minimum of 30 metres, whichever extends further. Currently, the Hydrologic Protection Zone Lil1)it does not seem to be offset from either of these features. The Site Grading Plan shows that a portion of the side slopes of the parking area and the sports playing field are proposed within the erosion hazard limit. A number of issues related to slope stability and grades related to this were identified. A fisheries review is required to assess the outfall channel, its construction and the associated impacts on fish and fish habitat. Related details are required for the review. Recommendations on the plantings and mitigation measures to be used to limit the impacts on fish and fish habitat can be addressed in Phase 2 of the Environmental Impact Study. 8.6 Regional Works noted that municipal services aren't available in the area, necessitating private well and waste disposal, which must be approved by Regional Health. A Taunton Road widening, approximately 5 metres wide, must be conveyed. Access is to be through Fices Road only. The existing access on Taunton Road is for the existing residence only. Emergency access is to be from Fices Road. The driveway connection from the parking lot to Taunton Road is to be eliminated from the site plan drawings and Regional Works will ensure this is done prior to building permit issuance. 8.7 Regional Planning stated that the Regional Official Plan permits places of worship only in urban areas and hamlets. The Regional Official Plan, prior to Amendment 114, encouraged places of worship in urban areas but permitted them in any designation but Permanent Agricultural Reserve and the General Agricultural Area. At the time the subject application was submitted, Amendment 114 was not in full force and effect. The related Clarington Official Plan Amendment was considered in light of policies at the time of application submission. The property is within the "Protected Countryside" designation of the Greenbelt Plan and subject to the rural area policies. The west side of the property, the location of a portion of Harmony Creek, is Greenbelt Natural Heritage System. A Phase 1 Environmental Impact Study identifying significant natural features and determining proposed land use feasibility was submitted for the Clarington Official Plan Amendment Application. The Phase 1 Study determined no development can occur in the westerly area. A Phase 2 Environmental Impact Study is to be done alongside the review of site plan to address site-specific issues arising from the development proposal. In addition, a hydrogeological evaluation will be part of the Phase 2 Study to address among other matters, Greenbelt Plan policies. 805 REPORT NO.: PSD-089-09 PAGE 6 Provincial policies and delegated review matters were addressed through the Clarington Official Plan Amendment Application. The absence of municipal services in the area necessitates a private well and waste disposal system with the latter designed by a professional engineer, according to Regional Health. Regional Works requires an approximate 5 metres widening of Taunton Road and that access be restricted to Fices Road with the existing access on Taunton Road restricted to the existing residence only. 9.0 STAFF COMMENTS 9.1 The approval of the Clarington Official Plan Amendment was for the principle of the proposed development on the subject property. The proposed rezoning and site plan implement the previously approved Official Plan Amendment. Phase 2 of the Environmental Impact Study (EIS) is required. The Phase 2 EIS will focus on: · the potential impacts of the proposed development on the natural heritage features and their functions; · identify mitigating measures to address the negative effects of the development on the natural heritage features and their functions; . the potential for restoration/creation of wildlife habitat; and · examination of cumulative impacts of development on surface water and groundwater. Central Lake Ontario Conservation is reviewing the hydrogeologic investigation report, the septic system design report, and the design of stormwater management system report, at this time, to scope the work required for the Phase 2 Environmental Impact Study (EIS). 9.2 While much of the proposed development is within the zoned Rural Cluster, a portion of it is outside on lands designated as Green Space. As a result, the approval of this application would effectively expand the Rural Residential Cluster. 10.0 CONCLUSION 10.1 The purpose of this report is to provide information for the Public Meeting. Staff respectfully requests that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachment: Attachment 1 - Property Map and Site Location Key Map 806 REPORT NO.: PSD-089-09 PAGE 7 List of interested parties to be advised of Council's decision: David Fowler in Trust of the Durham Church Network Elio and Catherine DelGobbo Bernhart E. Roth Greg Quinlan Karol Bobak Erika van Putten Jeff Vandercruysen Bill and Marguerite Skuce Craig Dalley Marcel Provenzano 807 TAUNTON ROAD (Durham Regional Road 4) EMERGENCY VEHICLE ACCESS ONLY Property Location Map (Former Darlington Twp.) J '~ -, .....-. I ~ . , = ; . I! 0 1 ~= ;. 0 u <( . . 0 : : ::: 0:: lfJ ZBA 2007-0029 . . 0 W ; . ZONING BY-LAW AMENDMENT , () @5- I LL J . SPA 2009-0019 ~ SITE PLAN AMENDMENT CO 9-- -. Q 0- 0- 0 Owner: David Fowler In Trust co 0- Of The Durham Church Network -I o ::u CD "0 o ~) "'O~ enc O~ I _ 0= 00- <oQ I _ o~ <0- CJlJlmgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 28, 2009 Report #: PSD-090-09 File #: PLN 34.15.4 By-law #: Subject: ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-090-09 be received; 2. THAT the properties identified as 5531 Bethesda Road and 5681 Acres Road, be added to the Municipal Register of properties of cultural heritage value or interest; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's direction. Reviewed by: ~ / /~ -ISJ-- ranklin Wu, Chief Administrative Officer IL/FUsn 17 Sept 2009 fi ./U CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 809 REPORT NO.: PSD-090-09 PAGE 2 1.0 PROTECTING CULTURAL HERITAGE RESOUCES 1.1 In achieving its cultural heritage objectives, the'tools that the Municipality has at its disposal are the goals and objectives of the Official Plan, the Provincial Policy Statement and the Ontario Heritage Act. The Clarington Official Plan sets out the goal of preservation, restoration and utilization of Clarington's heritage resources and the Provincial Policy Statement states that significant built heritage resources and significant cultural heritage landscapes shall be conserved. 1.2 The Ontario Heritage Act was amended in 2005 to provide municipalities with greater control over demolition of heritage resources along with other matters. A further amendment to the Act in June of 2006 has provided additional tools and greater flexibility to Municipalities with regard to heritage matters. 1.3 Part IV of the Ontario Heritage Act requires the Municipal Clerk to keep a Register of all properties that have been designated by by-law within the Municipality. The recent amendments to the Act now permit the Register to include properties that have not been designated but that the Council believes to be of cultural heritage value or interest. Council is to consult with its heritage committee prior to adding a property to the Register or removing a property from the Register. 1.4 If a non-designated property is listed on the Register the owner of the property cannot demolish or remove a building or structure unless they give Council at least 60 days notice in writing of their intentions. The notice is to include such plans and information as Council may require. The 60 day period allows Council to consider whether a demolition permit should be issued or whether the property should be designated. 1.5 The Municipality's Register currently contains properties that have been designated under the Ontario Heritage Act and five non-designated properties, the former Training School and POW Camp 30 at 2020 Lambs Road, the two fire damaged buildings located at 19 ~ - 23 King Street West and 33 King Street West in Bowmanville, and the two cement block houses located at 49 and 63 Beaver Street in Newcastle Village. 2.0 ADDITION TO MUNICIPAL REGISTER 2.1 The properties identified as 5531 Bethesda Road and 5681 Acres Road have been owned by the Ministry of Transportation since early 2000. There is a stone house located on each lot and both have been identified in the inventory of cultural heritage resources as buildings of Primary heritage value (Attachment 1). 810 REPORT NO.: PSD-090-09 The Werry House 5531 Bethesda Road The Cole House 5681 Acres Road 2.2 These buildings have not been resided in for many years. In March of 2005 the Ministry of Transportation had advertised that they would be accepting proposals for the relocation of the homes, however, by November of that year MTO had decided to cancel the heritage house relocation project citing their decision to stabilize the houses in place to prevent further degradation until such time as the Highway 407 project proceeds. 2.3 The route of the highway has now been determined and the impact of the highway on the Municipality's heritage resources has been detailed by MTO's consultant, Unterman McPhail Associates in tables entitled Impact Assessment Tables: Identified Heritage Resources. The Tables indicate that "highway construction activities may potentially affect cultural heritage resources in a number of ways" and that "the effects may include displacement through removal or demolition". The properties subject to this report have been identified in the Tables for "displacement". A Cultural Heritage Evaluation Report (CHER) is recommended in those situations where individual structures will be displaced. Staff have recently received a Heritage Impact Assessment of the Recommended Design which states that further investigation including the completion of CHERs will be required to determine the heritage value of these properties before recommendations for mitigation can be provided, and resources that lie within the transportation corridor that are found to be significant would be considered for relocation, or for documentation and removal. 2.4 The Clarington Heritage Committee (CHC) have identified eight built heritage resources that have been listed for displacement (which could be reuse, removal or relocation) in the Impact Assessment Tables. Two of the buildings are designated under the Ontario Heritage Act so any proposal to demolish or remove these buildings would be reviewed by Council. The remaining six buildings are on the inventory list but are not designated. The Committee has determined that placing these six buildings on the Municipal Register of non-designated properties would aid in informing the Ministry of Transportation that these buildings should not be demolished. The Committee's comments were provided to Council on July 13th, 2009 through Planning Services report PSD-075-09. The report noted that the 407 Project Team is well aware of the heritage resources affected by the route and is working towards a resolution for each. As the majority of these properties were still in private ownership, adding them to the Municipal 811 REPORT NO.: PSD-090-09 PAGE 4 Register was not recommended at that time as it may cause additional undue duress for the owners who are already experiencing stress due to the acquisition of their lands for the 407. 2.5 MTO has indicated that they have not acquired any additional properties to date. They have confirmed that they have reached an agreement with two property owners of displaced buildings but the details of the agreement, such as the closing dates, have not been released. Staff are recommending that the remaining properties on the displaced properties list be added to the Municipal Register as they come into MTO's ownership. 3.0 CONCLUSION 3.1 The Heritage Impact Assessment states that CHERs will need to be completed before a recommendation can be made for building relocation. The ideal situation is for the proposed displaced buildings to be kept on site and reused as part of the Highway project. It is acknowledged that this may not always be possible so buildings that have to be removed should be relocated if possible rather than demolished. The Ontario Heritage Act requires a property owner to notify Council of their intention to demolish or remove a non-designated property that is on the Municipal Register. Placing 5531 Bethesda Road and 5681 Acres Road on the Register will assist in informing MTO of their heritage significance. Upon Council's approval, MTO's heritage consultant will be provided with a copy of Council's resolution which can be incorporated into the Cultural Heritage Evaluation report as support for recommending relocation of the buildings rather than demolition. Attachments: Attachment 1 - Location map List of interested parties to be advised of Council's decision: Ontario Heritage Trust Highway 407 Project Team Unterman McPhail Associates CHC Ministry of Culture 812 Attachment 1 To Report PSD-090-09 "'" ril I CONCESSION ROAD 6 " ~ III :\ :-.. ~ ~ ~ ~ 5653 5774 .-- \ \ \ \ \ \ \ ...," \ ---. \.--- ~ --- --- ..--........ - ~ 5lOa, ,-- I , ' ~ , I I .,-- :\ .,-.,,, ~ ~~~ .~ 5690 t;:: :\ :\ ~ ~ ,,~~ .,.....,_.,_... ~ ~ /II .~---_.... ~..,~, - ........ ~ \.:\ ,~ ~ ~ ~ 1 Proposed 407 Highway Corridorl ~ ~~:\.:~" ~ ~ ~ ~ -, ~ " :\ ......--- L-. _--...-.-- ---- """""'-- 565e :\ 5502 54j / 5456 I ~ 5359 ~-~ ~ l ~ ~ 5220 5311 0 4: 0 a::: C/) w a::: () 4: \ 5130 :7 5115 T AUNl ON ROAD W ~ l ~ ~ ~ re ~ o 4: o a::: 4: o C/) ill I tTI CD 5045 ill Property Location Map (Darlington) ~ 5531 Bethesda Road ~ 5681 Acres Road AI ~ 813 CI~-mgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 28, 2009 Report #: PSD-091-09 File #: SVA 2009-0002 By-law #: Subject: MINOR VARIANCE TO SIGN BY-LAW 97-157 APPLICANT: ELDAD UNITED CHURCH RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-091-09 be received; 2. THAT the application for Minor Variance to the Municipality of Clarington Sign By-law 97-157, submitted by Eldad United Church, to permit a reduction in the minimum required setback from the road allowance from 1 metre to 0 metres for a ground sign, and to permit an increase in maximum permitted sign area from 1.5 square metres to 2.3 square metres for a ground sign, be APPROVED; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ~ / / Submitted by: / a.:{j David rome, M.C.I.P., R.P.P. Director, Planning Services ~' / // Reviewed by: ,-:t'.tf1/P-' ranklin WU /1:J Chief Administrative Officer September 18, 2009 MH*av CORPORATION OF THE MUNICIPALITY OF CLARINGTON40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 814 REPORT NO.: PSD-091-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Eldad United Church 1.2 Location: Part Lot 27, Concession 6, former township of Darlington 1848 Concession Road 6, Darlington 1.3 Proposal: To permit a reduction in required setback from the road allowance, from 1 metre to 0 metres, and an increase in maximum permitted sign area from 1.5 square metres to 2.3 square metres to accommodate a new ground identification sign. 2.0 BACKGROUND AND PROPOSED VARIANCE 2.1 The subject property is located at 1848 Concession Road 6, just west of the hamlet boundary of Solina. The Eldad United Church is located on the subject property. The property currently has an existing ground sign which identifies the name of the church and also the scheduled time for upcoming church services. The following photos, taken September 14, 2009 illustrate the existing sign in its current location: , Photo 1: Existing Ground Identification Sign, looking north 815 REPORT NO.: PSD-091-09 PAGE 3 ~ Photo 2: Existing Ground Identification Sign, looking west Photo 3: Existing Ground Identification Sign, looking east 816 REPORT NO.: PSD-091-09 PAGE 4 The applicant has expressed a need for a new sign, which will be larger than the existing sign, so as to provide more sign area for advertising multiple upcoming church or church related events. The proposed sign will be designed in such a way that will allow the messages to be changed when need be. In addition, the proposed new sign will be re-oriented to face east and west, rather than the existing southward facing sign. This re-orientation of the sign will make the sign visible to vehicles and pedestrians as they pass by the church (see Attachment 2 for proposed sign details). 2.2 Siqn By-law Provisions Community Facilities are permitted one (1) ground identification sign. All ground signs are to be located a minimum (1) metre setback from the road allowance, and outside of any sight visibility triangles. The maximum permitted size for a ground sign on the subject property, is 1.5 metres square. The applicant became aware that the proposed sign location and size did not comply with the current sign by-law regulations, following a brief conversation with Planning Staff. 2.3 Applicant's Rationale The applicant suggests that the sign must be located on the west side of the building, with a 0 metre setback from the property line in order for the sign to be visible to those passing by. If the sign is to be placed a minimum 1 metre from the road allowance, the sign would be hidden by the church building and as a result will not be visible to those driving westward along Concession Road 6. In addition, a larger sign would allow for multiple messages to be displayed as there are multiple community events to be advertised. 3.0 STAFF COMMENTS 3.1 It appears that the existing building on the subject property is very close to the front yard property line, leaving no room to locate a ground sign in front of the building. As a result, the proposed sign will have to be located to the west of the building if it is to be located entirely within the limits of the subject property without any encroachment into the road allowance and without locating within a sight visibility triangle. If the sign is to be located west of the building, with a minimum 1 metre setback from the road allowance that part of the sign would not be visible to those travelling westbound on Concession Road 6 due to the close proximity of the building to the property line. The existing sign, which faces south, is not practical in that anyone driving by the church would not be able to read the sign until they are directly in front of the sign, looking north. 817 REPORT NO.: PSD-091-09 PAGE 5 The proposed location of the sign (see Attachment 3), would appear to be the most safe and most practical location for a sign on the subject property, while still being visible to the public. If the sign were to be located to the east of the building, the sign would be within a sight visibility triangle and would potentially become a safety hazard by blocking the view of motor vehicles turning on and off of Concession Road 6 onto Werry Road. In addition, there are currently no sidewalks along Concession Road 6, and therefore the proposed sign location, with a 0 metre setback, will not become a safety hazard for pedestrians or cyclists. The proposed increase in sign area from 1.5 square metres to 2.3 square metres will allow the church to advertise its regularly scheduled services in addition to all other upcoming community events hosted at the church. The increase in sign area is minor in nature, and could potentially eliminate the need for a mobile sign in the future on the subject property by allowing the church to change their messages as they require. 4.0 CONCLUSION 4.1 The proposed ground identification sign, in its proposed location, will not impede vision or become a safety hazard. The increase in sign area is a minor increase in size which will provide additional space for the church to promote their upcoming events and functions while still befng able to clearly identify the church itself. 4.2 It is respectfully recommended that the minor variance to the municipal Sign By- law 97-157 to permit a reduction in the setback from a road allowance from 1 metre to 0 metres and to permit an increase in sign area from 1.5 square metres to 2.3 square metres be APPROVED. 4.3 On September 23, 2009 Council enacted a new Sign By-law 2009-123, scheduled to come into force January 1, 2010. At the end of the transition period, a comprehensive amendment to the new Sign By-law will be brought forward to incorporate all variances and amendments to the existing Sign By-law. Attachments: Attachment 1 - Site Location Key Map Attachment 2 - Proposed Sign Details Attachment 3 - Proposed Sign Location List of interested parties to be advised of Council's decision: Herb Tink - Eldad United Church 818 /"'\llCl~IIIIIt::lll I lO Report PSD-091-09 6500 ~ W 19 18 19 6537 16 6487 15 14 15 10 9 10 9 r 6500 6 5 6 5 - 6401 , 2 1 2 N ~ ~ :: ... 6390 19 r"O ~, 16 -co 15 0 6345 0:: f-- "0 [l 11 6 co co 1 'c 0 6' 0 6301 0:: 7 en ~ - ..... Q) J 6255 .:5: ~ 6227 I 6210 ~ 6198 6211 f-- 6184 6177 6 ~ 5 6156 6157 ~ 7 ~ 2 6132 26 2 - 18 28 6120 - 27 ~ 6101 - 15 14 24 _~ )" 1848 Concession I I ~f-~ Road 6 19 6064 f--- 6055 /5169~~ I--- I~ Concession Road 6 6037 ~ I ~ I ~ IrE I ~ ~ ~rm r----J ;z N .. ... \ 0 I ~ ~ I ~ u liE ~~ ... ! \ '" '" to to N on ro '" ~ ~ ~ ... ~ ~ ~ ~ 5837 I 5834 f--- 5805 5806 6 8 10 f--- 5791 '-..., L-- 5788 ~~ I--- 5779 5770 5761 ~ 17 5749 LOT 27 LOT 26 LOT 25 CQ Z o en en w (J z o (J - Property Location Map (Darlington) Area Subject To Sign Variance Application 1848 Concession Road 6, Darlington ^' W~f2 s SVA 2009-0002 819 1m, PDFMAILER.COM Print and send PDF files as Emails with any application, achponsored and free of charge wwwpdfrnailercom Attachment 2 to Report PSD-091-09 _,.,_ ( J~ Ang., Cabinet boRed to \ ~ / Steel Frame 'NiIh 7/16" treaded ~' Boh.s / ! 2"x4"x118" wall Holklw / Structural Steel Posts, welded and Powder Coated Mounting of Cabinet and Cross to Steel structure with six 711(;' threaded bOhS. 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PDFMAILER.COM U N \ \ \ \, \ \ \ \, \ \ \ \, \ \ \ \ \ \ 120 m 50 ft Print and send PDF files as Emailswithanyapplication.ad-sponsored and free of charge yvwvLQ9.ir.najlf;r.com \ \ \ \ \ \ \ \, \ \ \ \ \ \ \ \ Z ro ...... ...... ...L. ~ \ \ \ \ \ \ Ci., I""'..t~":'.\ \ \ \ \, \, / \--.--".<~ \ \\:_::: ._:::.:' q\'6~__ ..~_._.~./: _ \ c'\ -l.t'" \ / - -- t \,.c('- _"" \ r I. . - -~ S\~:.' 'Ot' ~ ~ . COt'CeSS\ r 0\\"\ / ,-J ~/ rmacnmem ;j to Report PSD-091-09 \ \" \ \u 1-'. " SL"' 822 Clfllmgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRA liON COMMITTEE Date: Monday, September 28, 2009 Report #: PSD-092-09 File #: PLN 23.5.14 By-law #: Subject: HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT MUNICIPALITY OF CLARINGTON COMMENTS TO THE MINISTRY OF ENVIRONMENT RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-092-09 be received; 2. THAT Report PSD-092-09 be approved as the Municipality of Clarington's comments to the Ministry of the Environment on the Environmental Assessment submission for the Highway 407 East Extension; 3. THAT a copy of this report and Council's decision be forwarded to the Ministry of the Environment, the Ministry of Transportation, and the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: Submitted by: David J. rome, MCIP, RPP Director of Planning Services ~' /' / / ',/1/,1, J . 1 / n/lj_/~ A.S. Cannella, C.E.T. Director of Engineering Services ~ Franklin Wu, Chief Administrative Officer JAS/FL/df 22 September 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 823 REPORT NO.: PSD-092-09 PAGE 2 1.0 BACKGROUND 1.1 The Environmental Assessment (EA) for the Highway 407 East Extension began in January 2005 with the approval of the Terms of Reference for the EA Study by the Ontario Ministry of the Environment (MOE). The proposed Technically Preferred Route was announced in the summer 2007. Since that time, the 407 Project Team has worked on refining the Technically Preferred Route and the location and sizing of supporting infrastructure, and has undertaken additional work to determine potential impacts and to develop proposed mitigation strategies. 1.2 The Ministry of Transportation (MTO) has submitted the 407 East EA Report to MOE for approval, triggering the start of the formal MOE review process. Public and agency comments on the EA are to be submitted to MOE by Friday October 16, 2009. 1.3 The 407 EA study has also formally triggered the federal process under the Canadian Environmental Assessment Act (CEAA). The scope of the EA has been identified as the construction and operation of watercourse crossings that will potentially require approval under the Navigable Waters Protection Act, the Fisheries Act, and the portion of the transportation corridor that will be constructed on federal land in Pickering. 1.4 Municipality Of ClarinQton Comments On The 407 EA 1.4.1 The Municipality has had numerous opportunities through the 407 EA process to submit comments on the EA Study, through both staff reports to Committee and Council and staff-level meetings. These include the Municipality's comments on the Preliminary Design Plans for the 407, which were submitted through Staff Report PSD-033-09 (March 30, 2009 GPA). The Project Team responded to these comments by letter dated May 5, 2009. Comments on the Pre-Submission Draft EA were submitted through Staff Report PSD-075-09 (July 6, 2009 GPA). A letter responding to these comments was received September 11, 2009 (Attachment 1). 1.4.2 The Municipality's comments on the 407 EA, as set out in bold italics in Sections 2 through 6 of this report, deal with previously identified issues that have not been resolved to the Municipality's satisfaction, and any new issues that have been identified through the review of the EA submission report. 2.0 CLARINGTON ENERGY PARK and COURTICE INDUSTRIAL LANDS 2.1. BackQround 2.1.1 The Clarington Energy Business Park (Energy Park) occupies 129 ha and is located immediately south of Highway 401 and north of the CN rail corridor, between Courtice Road and Solina Road. A Secondary Plan for the development of the Energy Park was prepared by the Municipality and incorporated by amendment into the Clarington Official Plan in February 2005. 824 REPORT NO.: PSD-092-09 PAGE 3 10, )~ I ---' ~_______J I ---. --.-- - I t _. _ . _ Clarlngton Energy Business Pari< Area Boundary [222J Prestige Employment Node Q Prestige Employment Corridor I222J Light Industrial 1 o Light Industrial 2 ~ Open Space ~ Environmental Protection Area * Proposed Storm Water Pond MAPA LAND USE AND PRIMARY ROADS C:LARINGTON FNERGY 3US:NESS nARK SECONDARY "LAN JANUA,R'Y 2. 2007 l~fiq~~~~~~51 Figure 1 Approved Land Use Plan - Clarington Energy Business Park 2.1.2 The Secondary Plan is intended to guide the development of the business park to take advantage of the area's proximity to the Darlington Nuclear Generating Station immediately to the east and to encourage the establishment of businesses in the energy and environment sectors. This latter objective is especially important given the Municipality's need to strengthen its industrial/commercial assessment base and reduce its reliance on its residential assessment base. Currently, the Municipality's non-residential assessment base is only 9%. 2.1.3 The East Durham Link connects to Highway 401 immediately to the north of the Energy Park, The freeway-to-freeway interchange, as well as the associated improvements to Highway 401 and the Courtice Road interchange, and the proposed construction of a stormwater management pond at the southeast quadrant of the Courtice Road interchange, results in a significant encroachment into the Energy Park. Not only does this result in a significant loss of developable lands from the Energy Park (approximately 20 ha), a section of South Service Road will also be eliminated. This road is important for the efficient movement of non-Energy Park 825 REPORT NO.: PSD-092-09 PAGE 4 traffic, in particular traffic travelling to and from the adjacent Nuclear Generating Station. 2.1.4 The existing Courtice Industrial Park, which is located immediately to the north of Highway 401, is also affected by East Durham Link and interchange, as well as the associated on-off ramps to Highway 401. Figure 2 East Durham Link/Highway 401 Interchange 2.2 Previous Municipal Comments 2.2.1 In Report PSD-033-09, the Municipality had indicated that options are available to mitigate the loss of developable lands in the Energy Park provided that satisfactory arrangements can be made for the short, medium and long term re-alignment of South Service Road. It was also noted that ultimately, Energy Park Drive will assume the function of the South Service Road but the South Service Road may continue to be needed for internal traffic distribution. 2.2.2 The Municipality requested the 407 Project Team to revise the EA to indicate the section of Energy Park Drive near Solina Road (the Crago lands) as the Province's responsibility under the EA to replace South Service Road. However, no response was provided to this comment in MTO's letter of May 5, 2009. 2.2.3 In Report PSD-110-08, the Municipality had indicated that long-term industrial/ commercial tax loss would result from the loss of 28 ha of employment lands in the Courtice Industrial Park, including two vacant parcels with active development applications that have been rendered undevelopable. The Municipality has been working with the Region of Durham in their Official Plan conformity exercise for Places to Grow to designate employment lands adjacent to the 407 corridor as replacement for those being removed by the 407 related works. 2.3 Clarinqton's Comments to Ministry of Environment 2.3.1 The draft EA does not discuss the impact of the East Durham Link on the Clarington Energy Business Park and Courtice Industrial Park. The EA states 826 REPORT NO.: PSD-092-09 PAGE 5 that East Durham Link transportation corridor "traverses Employment Lands" and then continues with the statement that liThe proposed corridor does not impact any designated area of commercial or institutional lands". The Employment Lands are zoned Industrial Land Use and thus, technically are not Commercial or Institutional. However, the EA is not correct in stating that there is no socio-economic impact as the East Durham Link affects the Industrial/Commercial tax base of C/arington. 2.3.2 The Municipality of Clarington is disappointed that the draft 407 EA does not acknowledge the significant impact of the East Durham Link on the Clarington Energy Business Park and the Courtice Industrial Park. The EA should be revised to acknowledge the impact of the freeway-to-freeway interchange and its associated works on the area of developable land in these two areas, as well as the road network in the Energy Park. The EA should be further revised to indicate the construction of that section of Energy Drive near Solina Road as the Province's responsibility under the EA to replace the South Service Road. 3.0 RUNDLE ROAD AND HOLT ROAD 3.1 Backqround 3.1.1 Holt Road and Rundle Road are both important north-south local roads in Clarington between the urban areas of Courtice and Bowmanville. Holt Road connects to Highway 401 through a partial interchange and provides direct access over Highway 401 to the Darlington Generating Station. The road is improved to a year-round standard between the Generating Station and Taunton Road (Regional Road 4), and · Concession Roads 6 and 7. The 2 km section between Taunton Road and Concession Road 6 is currently unimproved. Rundle Road is an improved road through its entire length from Highway 401 to just north of Concession Road 7. ~1 ""', o '" ~ "'" z o <3 UJ CONCESSION ROAD 6 a: r ___J " C5 '" "'" z ::; o '" o "'" o '" >:; o r -, I~\ ~~ %~ 6' '"~ %~ TAUNTON ROAD IV A Figure 3 Rundle Road and Holt Road 827 REPORT NO.: PSD-092-09 PAGE 6 3.1.2 The construction of the East Durham Link will result in a 2 km segment of Rundle Road being lost. As a result, Rundle Road will become discontinuous between Taunton Road and Concession Road 6. Rundle Road will terminate at Taunton Road, while that section north of the 407 will be truncated. Due to the fact that Holt Road, which lies 800 m to the east, is unimproved between Taunton Road and Concession Road 6, both northbound and southbound traffic on Rundle Road will have to detour either onto Solina Road through the hamlet of Solina (800 m to the west), or onto old Scugog Road through the hamlet of Hampton (2.5 km to the east). 3.2 Previous Municipal Comments 3.2.1 The Municipality has previously recommended to the Project Team that Holt Road between Taunton Road and Concession Road 6 should be improved to year-round municipal road standards to replace the loss of Rundle Road, and that this road improvement should be indicated in the EA as part of the 407 -related works. The Municipality's consultant has estimated that the cost to improve Holt Road would be approximately $1.57 Million. 3.2.2 The Municipality also recommended that the Holt Road overpass be constructed as part of the initial 407 works to maintain access to agricultural fields. 3.2.3 MTO responded that any improvements to Holt Road between Taunton Road and Concession Road 6 will not be included as part of the EA submission, and that Clarington would be responsible for such works once the need and justification has been realized. MTO also stated that the timing for the construction of the Holt Road overpass will be determined during the implementation phase, and that they will consult with Clarington to ensure that the agricultural needs in the vicinity of Holt Road are addressed. 3.3 ClarinQton's Comments to Ministry of the Environment 3.3.2 The discontinuation of Rundle Road north of Taunton Road represents the loss of an important north-south connection within the Municipality's road network, and will create additional traffic impacts on the hamlets of Solina and Hampton. The reconstruction of the unimproved section of Holt Road to a year- round standard would help to mitigate the impact on the Municipality's road network and the two hamlets created by the discontinuation of Rundle Road. The length of Holt Road proposed for reconstruction (2 km) is approximately equivalent to the length of Rundle Road that will be lost. ...-- 3.3.1 The 407 EA submitted to MOE does not include the improvement of Holt Road between Taunton Road and Concession Road 6 to a year-round municipal standard. The construction of an overpass for Holt Road at the 407 Mainline is included in the EA - submission. Figure 4 Holt Road Reconstruction 828 REPORT NO.: PSD-092-09 PAGE 7 3.3.3 It continues to be the Municipality's position that the reconstruction of Holt Road to a full municipal standard between Taunton Road and Concession Road 6 should be included in the EA as a 407 East project-related work. 4.0 LIBERTY STREET INTERCHANGE 4.1 Backqround 4.1.1 The EA submitted to MOE includes interchanges at Regional Road 57 and at the Darlington-Clarke Townline only. Liberty Street would be a simple grade separation with no direct connection to Highway 407. There is also an interchange on the Durham East Link at Highway 2, and a partial interchange at Taunton Road (access to and from the south only). Traffic generated in the Bowmanville area will predominantly be served by the Regional Road 57 and Highway 2 interchanges, as opposed to either the Taunton Road partial interchange or the Darlington-Clarke Townline interchange. 4.2 Previous Municipal Comments 4.2.1 The Municipality reviewed the Highway 407 transportation model undertaken for the EA to determine whether an interchange at Liberty Street would be necessary or beneficial from a road capacity perspective, given the future planned land use and road network in Clarington. The 407 transportation model was on an untolled scenario (e.g. free access); however, it has been confirmed by the Provincial government that the 407 East extension will be tolled. The transportation model review indicated that the EA recommended design would result in a concentration of traffic on the approach routes to the two interchanges serving Bowmanville traffic, particularly at the Regional Road 57 interchange for an untolled scenario. 4.2.2 On the basis of the consultant's review, the Municipality previously requested the 407 Project Team carry out transportation models for a tolled scenario and further that the construction of a full interchange at Liberty Street be included. MTO responded that the traffic analysis undertaken as part of the EA confirmed that the interchanges at Regional Road 57 and Darlington-Clarke Townline could accommodate anticipated traffic volumes for the planning horizon. MTO also indicated that, in their opinion, an interchange is not required at Liberty Street, but that a future interchange at this location would not precluded as part of a separate study approval process. Attachment 2 provides more detailed comments on the Liberty Street interchange issue. 4.3 Clarinqton's Comments to Ministry of Environment 4.3.1 The EA submitted to MOE does not indicate an interchange at Liberty Street and the 407 Mainline. 4.3.2 The transportation model results do not reflect the decision that has been taken on tolling. C/arington believes a tolled scenario transportation model will show that the local roads will be impacted. MTO's analysis shows that an interchange could be accommodated at Liberty Street by indicating Ua future interchange at Liberty Street is not precluded. " 829 REPORT NO.: PSD-092-09 PAGE 8 4.3.3 The interchange at Liberty Street is important from a network connectivity perspective. It will help to disperse projected traffic volumes on the approach routes to Highway 407 in the Bowmanville area, lead to lower traffic pressure on lower-order east-west roads, and help to alleviate high intersection turning movements along the Regional Road 57, Taunton and Liberty Street corridors. The Municipality's consultant's detailed comments on the review of the transportation model are provided in Attachment 2 to this report. 4.3.4 On the basis of the above, the Municipality requests that the 407 EA be revised to indicate the construction of a full-movement interchange at Liberty Street and the 407 Mainline. 5.0 WASHINGTON ROAD 5.1 Backaround 5.1.1 Washington Road is a local road that runs between Taunton Road and Regional Road 6 southwest of the hamlet of Solina. The portions of the road north of Taunton Road and south of Concession Road 6 are maintained year-round, but approximately 765 m in the middle is seasonally maintained, in very poor condition and impassable to agricultural equipment. 5.1.2 The 407 Mainline corridor cuts across the middle portion of the road allowance. MTO currently owns the lands within the corridor and to the north and south, they are leased to a local farmer who operates an active agricultural operation. Agricultural access to the fields is currently gained from Washington Road via Concession Road 6. 5.1.3 The construction of the 407 Mainline will prevent access to the agricultural fields south of the highway. MTO will be unable to either lease or sell these lands for agriculture and, as such, the lands will become remnant parcels. 5.2 Previous Municipal Comments 5.2.1 The Municipality has previously requested MTO to revise the EA to include the improvement of that portion of Washington Road north of Taunton Road to a seasonal standard as a 407 project-related work. This work is necessary to maintain access to the agricultural fields south of the 407 Mainline. MTO responded that the 407 project team will not be seeking EA approval to carry out improvements to Washington Road north of Taunton Road. In their opinion, the presence of the 407 Mainline does not affect continued access to these agricultural fields and that, if and when such improvements are justified, they will be Clarington's responsibility. 5.3 Clarinaton's Comments to Ministry of Environment 5.3.1 The EA submitted to MOE does not include the upgrading of Washington Road as a project -related work. As well, the EA states that Washington Road is not a public right-of-way in the vicinity of the 407 corridor and therefore cul-de-sacs will not be provided on this road north and south of the 407 corridor. 830 REPORT NO.: PSD-092-09 PAGE 9 5.3.1 The Municipality of Clarington is concerned that, without the requested improvements to Washington Road, the agricultural fields south of the 407 Mainline will become inaccessible to farm equipment and productive farm land will be unnecessarily taken out of production. The remnant parcel remaining on the south will be inaccessible to farm equipment and should be included in the plan that is being developed for remnant parcels. 6.0 CULTURAL HERITAGE RESOURCES 6.1. Backqround 6.1.1 The 407 Project Team has previously provided Impact Assessment Reports to the Clarington Heritage Committee that identified the cultural heritage resources that will either be displaced or disrupted by the 407. General mitigation strategies were proposed based on the degree of impact and the nature of the resource such as landscape screening for heritage resources that will be disrupted, and a Cultural Heritage Evaluation Report for resources proposed to be displaced. 6.2 Previous Municipal Comments 6.1.2 The Clarington Heritage Committee has identified 27 built heritage resources included in the Impact Assessment Reports that have been recorded in the Committee's Inventory of heritage buildings. The Heritage Committee has previously submitted comments to MTO with respect to the mitigative measures proposed for the built heritage resources that will either be disrupted or displaced by the 407 transportation corridor. 6.1.3 Of particular interest are the following eight built heritage structures that will be displaced by the 407, the Committee has recommended specific mitigative measures to the 407 Project Team for these resources: Clarington MTO # Address Heritage Heritage Status Invento # EM-03 5415 Solina Road H157 Desi nated under the Ont. Herita e Act EM-21 5658 Betheseda Road H68 Prima e Resource EM-23 5531 Betheseda Road H43 Prima e Resource EM-25 5681 Acres Road H111 Prima EM-41 H754 Prima EM-21 5658 Betheseda Road H68 Prima EDL-05 4825 Rundle Road H743 EDL-23 1909 Bloor Street H116 Desi nated under the Ont. Herita e Act 831 REPORT NO.: PSD-092-09 PAGE 10 6.3 Clarinqton's Comments to Ministry of Environment 6.3.1 The EA submitted to MOE states that further investigation including the completion of Cultural Heritage Evaluation Reports will be required to determine the heritage value of affected heritage properties before recommendations for mitigation can be provided. Specifically, resources that lie within the transportation corridor that are found to be significant would be considered for relocation, reuse, or for documentation and removal. 6.3.2 The information provided in the EA does not include the mitigation options requested by the CHC for the heritage resources in Clarington as it appears the information is identical to that previously reviewed. The EA also does not indicate if the owners of the heritage properties have been contacted in regards to the proposed mitigation options. 6.3.3 Accordingly, the Municipality reiterates its recommendations that the majority of the structures to be displaced by the 407 be relocated. As for the properties that will be disrupted, a photographic record should be completed prior to the Highway's construction. Attachment 3 provides the Municipality's detailed comments on each of the 27 heritage properties in Clarington that will be affected by the 407. As well, the Municipality would like to be consulted on the Cultural Heritage Evaluation Reports and any proposed mitigation measures for affected heritage properties in C/arington. 7.0 CONCLUSIONS 7.1 Staff recommend that this report be approved as the Municipality's comments on the Environmental Assessment for the 407 East Extension. After reviewing all comments submitted, the Ministry may approve the EA without any changes, approve the EA with revisions, or refuse to approve the EA. A decision is anticipated in mid-2010. Should the EA be approved, the planning process for the project will be complete, and the implementation of the project will commence. 7.2 Staff will continue to liaise with MTO throughout the next phase and will continue to work towards resolving any outstanding issues where possible. Engineering Services staff will particularly be involved on behalf of the Municipality with respect to the phasing of the project (which is not part of the EA process) and with respect to any financial implications that the 407 project will have on the Municipality as it progresses. Attachments: Attachment 1 - Pre-Submission Comments/MTO Responses Attachment 2 - Detailed Comments on Liberty Street Interchange Attachment 3 - Impact Assessment Tables - Identified Heritage Resources 832 REPORT NO.: PSD-092-09 PAGE 11 List of interested parties to be advised of Council's decision: Jeffrey Dea Dan Remollino, P. Eng. Doug Allingham, P. Eng. John O'Toole, M.P.P. Abe Afana Ron Armstrong Ann Ball Jim Ballentine Dorothy Barnett Fred Biesenthal Mark Bragg Mark Canning Jean-Maurice Cormier Walenty & Maria Cyrganowicx Yvonne Doorenspleet Rolf & Tanya Fabricius George Field Linda Gasser John Hammond William J. Hasiuk Mark Hawkins Dave Horner Karina Isert Jennifer Knox Jo-Anne McFarland John and Barbara Montague Denise Pickett Libby Racansky Hala Rawdah David & Bev Rogers Jim Slyfield Bradford Soles John Sturdy John Waters Ted Watson 833 HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT MTO RESPONSE TO RJ;PORT PSD-075-09 Report PSD-075-09 MTO Response Staff Comment (August 26, 2009 Letter) (September 2009) Construction of Holt Road between Taunton Road and Concession Rd 6 Improvements to Holt Road between Taunton See Section 3 of The response by MTO provides no basis for denying the Municipality of Road and Concession Road 6, which are not Report required to facilitate implementation of the Clarington's request with respect to the Holt Road reconstruction. crossing, have not been included as part of the Furthermore, it has not explained why it is appropriate for it to mitigate the EA submission. However, there will be an loss of about 4 km of Halls Road, which is being lost to the Hwy 407 West opportunity to discuss this issue during Durham Link, with the reconstruction of Coronation Road within this same subsequent design phases and cost sharing study, while at the same time refusing to mitigate the loss of 2 km of Rundle discussions. Road, which is being lost to the Hwy 407 East Durham Link, with the reconstruction of about 2 km of Holt Road. It should be highlighted that, of the 14 roads identified for closure by MTO, half of them are within the Municipality of Clarington. The loss of these 7 roads will be significant to the community and it is therefore important for MTO to take advantage of any opportunity to reduce impact to the local road network. The Municipality of Clarington requests MTO to include for approval as part of the EA, the reconstructing of Holt Road to a year round road between Taunton Road and the 6th Concession to mitigate the loss of the 2 km segment of Rundle Road and that the work be carried out within the same timeframe as the new Holt Road structure over Hwv 407. Construction of an Interchange at Liberty Street and the 407 Mainline The traffic analysis undertaken as part of the EA See Section 4 of The modeled traffic volumes indicate that the Darlington-Clarke Townline confirmed that the interchanges at Regional Report Road 57 and Darlington-Clarke Townline could interchange is projected to attract a low volume of traffic, and most of this accommodate anticipated traffic volumes for the traffic is attracted from the Orono area rather than the Bowmanville area. planning horizon. This suggests that the Darlington-Clarke Townline interchange is located too far to the east to serve as an alternate to the Regional Road 57 interchange, Furthermore, the Regional Road 57 interchange considering that most traffic entering Hwy 407 to the west. A Liberty Street has ample capacity to accommodate the interchange would help reduce pressure on the Regional Road 57 predicted traffic volumes for the planning interchange. horizon. As a result, an interchange is not The Municipality of Clarington's requests MTO to include the provision of a recommended at Liberty. full access interchange at Liberty Street for approval as part of the EA. It is important to note that a future interchange at Liberty Street is not precluded and could be implemented as part of a separate study approval process. -of o :;0 C!) "C o ;::I.)> -c::: (f)Dl e(") I~ 03 CDC!) "'::::I b- CD . OJ W ~ CD W (J1 HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT MTO RESPONSE TO REPORT PSD-075-09 Report PSD-075-09 MTO Response Staff Comment (August 26, 2009 Letter) (September 2009) Provision of a 4-lane cross-section on the Taunton Road overpass at The 407 project team will not be seeking EA Any cost-sharing the East Link approval for a 4-lane cross-section for the arrangements with The Preliminary Design Plans indicate that a two-lane cross-section (one Taunton Road overpass. EA approval for the MTO regarding the lane in each direction) has been proposed for Taunton Road where it will widening of Taunton Road will be the widening of the cross over the East Durham Link. The widening of Taunton Road through responsibility of the Region of Durham. The Taunton Road Clarington is not included in the Region's Five Year Capital Budget. Ministry may consider providing the necessary overpass at the East sub-structure work to support a future widening Durham Link will be MTO has indicated that they will not be including a four-lane cross-section subject to acceptable cost sharing agreements the responsibility of for the Taunton Road overpass, but that they may consider providing the with the Region and/or Clarington. the Region of Durham. necessary sub-structure work to support a future widening subject to acceptable cost sharing arrangements with the Region and/or Clarington. The construction of the four cross-section prior to the East Durham Link coming into service would avoid significant reconstruction costs and delays in the future when the Region would have to undertake the widening of Taunton Road. The effect of tolling on Highway 407 traffic volume forecasts and the A preliminary analysis of tolling indicates a Response accepted Municipality's road network tolled 407 will attract less traffic than a non- The Municipality recognizes that there a variety of factors that may impact tolled 407 but it still attracts traffic relative to the Do Nothing scenario. The potential diversion traffic projections both on the proposed Hwy 407 extension and on other will be dependent on a number of factors that roads in the broader area, some of which are listed in Section 6.7.3 of the influence demand as noted above. Draft EA, including the tolling structure (which has not yet been determined). Furthermore, the crossing road requirements The presence of the tolls will result in some diversion of traffic to alternate were determined on the basis of the non-tolled untolled routes compared to the non-tolled scenario assessed for the EA scenario that was a conservative approach to study. While this may not impact the magnitude or nature of the freeway ensure sufficient capacity was provided at the facility for which the project team is seeking EA approval (since it is a worst- crossing road structures. case condition from the perspective of freeway capacity), if the toll results in less traffic being attracted to Hwy 407 than expected, it may impact the It is premature to undertake a detailed tolling ability of Hwy 407 to fully address the problem of roadway capacity, and assessment at this time since the tolling there may be a greater need for municipal governments to improve the strategy has not yet been defined. The tolling arterial road network. Municipal agencies therefore need to have an idea of strategy will be determined during the the magnitude of Hwy 407 traffic that would divert to the east-west arterial implementation phase of the project that is network if Hwy 407 is tolled, and the implication on arterial capacity beyond the scope of this Environmental requirements. Assessment. The Municipality of Clarington therefore requests MTO to provide a report identifying the effects that changing the Hwy 407 transportation model to that of a tolled road scenario will have on the Hwy 407 traffic volume forecasts and the Municipality's road network. HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT MTO RESPONSE TO REPORT PSD-075-09 Report PSD-075-09 Construction of Washington Road to a Seasonal Standard Council has previously requested MTO to improve that portion of Washington Road north of Taunton Road to a seasonal standard to maintain access to agricultural fields. MTO responded that the 407 does not affect continued access to these lands and that the improvements will be Clarington's responsibility. The construction of the 407 Mainline will prevent access to the agricultural fields south of the highway. MTO will be unable to either lease or sell these lands for agriculture and, as such, the lands will become remnant parcels. Additional discussions between Clarington staff and the 407 Project Team are necessary in order to develop a common understandinq of the future use of these lands. Hancock Road Has MTO investigated eliminating the 90 degree intersection by considering the modification of the proposed interchange's west quadrant through: . Tightening the radius of the E-S loop ramp. . Shifting both the N-EW ramp and the transitway (consider use of retained soil system walls to enable a much smaller offset between the ramp transitway alignments). . Shifting the proposed new Hwy 2/Hancock Road intersection west . Designing an appropriate transition alignment from the re-aligned section of Hancock Road to the existing section that permits free flow of traffic and that does not require a 90 degree intersection. We have concerns related to the placement of the entrances to the transitway facilities as currently proposed by MTO, particularly related to sight lines. MTO should clarify for the Municipality how it proposes to ensure adequate sight lines are provided at these locations. co w (J) MTO Response (August 26, 2009 Letter) Agreed The Recommended Design for the Hwy 2/East Durham Link interchange is based on the established geometric design criteria for the 407 transportation corridor. The proposed alignment for the north leg of Hancock Road took into consideration the design standards for the 407 transportation corridor, intersection spacing requirements on Hwy 2 and the existing sensitive watercourse that exists immediately north of Hwy 2 as well as opportunities to reduce property impacts in order to reduce the number of displaced property owners. Therefore, the proposed alignment for the north leg of Hancock Road will be retained. Opportunities to refine the alignment will be explored through subsequent design phases as the design through this area is developed in greater detail. The location of the entrances to the transitway facility will be refined through subsequent design phases. Staff Comment (September 2009) See Section 5 of the report Response accepted HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT MTO RESPONSE TO REPORT PSD-075-09 Report PSD-075-09 Impacts to Agriculture During Construction The Municipality agrees with MTO's suggestion that the need to establish a liaison committee to specifically deal with impacts to the agricultural community can be explored outside of the EA Report. Notwithstanding, MTO should explain to the Municipality how it intends to address the actual issue of potential impacts to agriculture related to the construction of Hwy 407, including such serious impacts as road closures during peak farming periods. This is a particularly important point that requires clarification as the construction of this new section of Hwy 407 will impact one of the largest agricultural regions along any section of Hwy 407, including any of the sections constructed over the past 13 years. Built Heritage Resources The 407 EA has identified 8 built heritage resources in Clarington that are to be displaced by the Project. The Municipality reiterates its previous comments to the 407 Project Team that these 8 structures should be relocated rather than demolished. Two of the properties, 1909 Bloor Street and 5415 Solina Road, are designated under Part IV of the Ontario Heritage Act. The other 6 properties have been recorded by the Clarington Heritage Committee as Primary and Secondary Heritage Resources. OJ W -...J MTO Response (AuQust 26, 2009 Letter) Acknowledged. The importance of agricultural operations in the Clarington area is understood. The opening day requirements will be determined through the subsequent design and implementation phases. Ongoing consultation through subsequent design phases will provide further opportunities for input from municipal and regulatory agency staff, stakeholders and the public on the opening day components of the 407 transportation corridor, including measures to minimize impacts on agricultural operations. Furthermore, contract documents will be prepared which will incorporate measures to minimize impacts to agricultural operations durinq construction. During subsequent design phases, Cultural Heritage Evaluation Reports will be prepared for the built heritage resources that will be displaced by the Project. The reports will determine heritage value and identify specific mitigation measures. Resources that lie within the transportation corridor that are found to be significant will be considered for relocation, or documentation and removal. The EA Report includes a commitment to "Develop a 407 East Built Heritage Relocation Strategy in subsequent design phases" which will identify opportunities for relocation and/or adaptive re-use. Relocation and other strategies for heritage properties will be dependent on a number of factors. The Evaluation Reports will provide a basis to develop appropriate mitigation strategies. Consultation with municipalities will be ongoing through subsequent design phases and will include discussions regarding displaced built heritaae resources. Staff Comment (September 2009) Response accepted See Section 6 of Report HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT MTO RESPONSE TO REPORT PSD-075-09 Report PSD-075-09 MTO Response Staff Comment (August 26, 2009 Letter) (September 2009) Comments on Recommended Design The design of the Old Scugog Road structure Response accepted Exhibit 8-4 of the main EA Report (Proposed Grade Separations) indicates protects for sidewalks and bike lanes. The that sidewalks are to be provided on Old Scugog Road where it crosses following note has been added to Sheet 270 under the 407 Mainline. However, Sheet 264 in Appendix D (Typical Cross- (formerly Sheet 264): sections on Municipal Roads with Overpass Structures) identifies Old The span of the overpass structures has been Scugog Road as not having any sidewalks. The 407 Project Team is designed to accommodate future sidewalks and requested to revise Sheet 264 by either adding a note or inserting a new bike lanes if required. Sidewalk and bike lane typical cross-section that shows a sidewalk for Old Scugog Road. requirements will be confirmed, in consultation with the Region and local municipalities during subsequent desiQn phases. Sheet 53 in Appendix D (Recommended Plan - Courtice Road/Highway Acknowledged. A realignment of Darlington Response accepted 401) indicates Darlington Park Road will be re-aligned to accommodate the Park Road is required to accommodate the highway ramp configurations at Courtice Road. However, Darlington Park revised ramp configuration at the Courtice Road is not listed in Section 8.1.3 of the main EA Report which identifies Road/Highway 401 interchange. Local Road Realignments and Connections. This oversight should be corrected in the final draft EA. Sheet 32 in Appendix D (Recommended Plan - Highway 407 Mainline at A note has been added to Sheet 32 regarding Response accepted Betheseda Road) should indicate the access for emergency vehicles to the this emergency access point. 407 throuah the commercial vehicle inspection station. Sheet 32 in Appendix D (Recommended Plan - Highway 407 Mainline at Response accepted. Leskard Road) indicates a structure for the relocated private access to the Orono Hunt and Fish Club. However, no typical cross-section for this type of road has been provided. A typical cross-section for private road accesses should be added to the Preliminary Design Report. Q) w Q) Attachment 2 To Report PSD-092-09 MUNICIPALITY OF CLARINGTON DETAILED COMMENTS ON LIBERTY STREET INTERCHANGE ISSUE (SECTION 4.0 OF REPORT PSD-091-09) Libertv Street Interchange The EA recommended design includes interchanges at Regional Road 57 and at the Darlington-Clarke Townline only. Liberty Street would be a simple grade separation with no direct connection to Highway 407. There is also an interchange on the Durham East Link at Highway 2, and a partial interchange at Taunton Road (access to and from the south only). Traffic generated in the Bowmanville area will predominantly be served by the Regional Road 57 and Highway 2 interchanges, as opposed to either the Taunton Road partial interchange or the Darlington-Clarke Townline interchange. Volume and Capacity Considerations The results of the transportation model undertaken for the EA were reviewed to determine whether an interchange at Liberty Street would be necessary or beneficial from a road capacity perspective. The model results suggest that the current EA- recommended design would result in a concentration of traffic on the approach routes to the two interchanges serving Bowmanville traffic, particularly the Regional Road 57 interchange. The 2031 horizon AM peak hour model projected significant traffic demand from the Bowmanville urban area to westbound Highway 407: 1,025 trips via the Regional Road 57 interchange, and another 650 trips via the Highway 2 interchange on the East Link. This traffic leads to capacity concerns on roads approaching those interchanges. Both Regional Road 57 and Highway 2 are modeled to be operating at or above capacity in the sections approaching Highway 407. In addition, the loop on-ramp from Regional Road 57 to Highway 407 is projected to operate at high volumes (more than 1,000 vehicles per hour); the high volume of low-speed loop ramp traffic could lead to merging issues on the mainline. Since most of the Bowmanville urban area is situated east of Regional Road 57 (particularly in the north), most 407-bound traffic will need to travel west to Regional Road 57. The EMME model indicates significant volumes on east-west arterial and collector roads bound for Regional Road 57, including Taunton Road, the 3rd and 4th concessions, and Longworth Avenue / Scugog Lane. Some of these roads are less suited for this type of regional traffic due to geometric conditions, road classification, or roadside environment (e.g. residential areas). These east-west volumes will also lead to higher turning movement demands at intersections that would decrease corridor capacity and lead to poorer intersection operations. This in turn could lead to increased infiltration through residential neighbourhoods as motorists seek alternate routes to Regional Road 57. If an interchange is provided at Liberty Street, there will be less east- west traffic pressure and consequently lower turning movement requirements at intersections along the Regional Road 57 and Liberty Street corridors. 839 It should be noted that there are two additional factors that could positively or negatively affect traffic forecasts: · The recommended design also includes a transitway along the 407 corridor. There is a station shown at Regional Road 57, with a park-and-ride lot. Although the number of spaces has not been specified, there is a large area (at least 4.5 to 5.0 ha) allocated for parking, which could likely accommodate more than 1,000 spaces depending on the ultimate configuration. If park-and-ride traffic is in addition to the modeled volumes, there is potential for significantly higher traffic demands on Regional Road 57. · The model assumed that the Highway 407 extension would be untolled. The province announced in January 2009 that, although the province would maintain control over the extension, tolls would still be applied (although the rates were not specified). Depending on the ultimate toll rates, the modeled volumes may be overstated to some extent, which in turn would overstate traffic on the approach routes. Network Considerations / Interchange Spacing The EA-recommended design results in an interchange spacing of approximately 6.5 km between the Regional Road 57 and Darlington-Clarke Townline interchanges. A Liberty Street interchange would be located approximately 2.5 km east of the Regional Road 57 interchange and 4.0 km west of the Darlington-Clarke Townline interchange. The MTO's Geometric Design Standards for Ontario Highways (GDSOH) recommends that, "as a general guide in rural areas, interchanges are normally spaced at between 3 km and 8 km." With an interchange at Liberty Street, the interchange spacing would be slightly below this level. However, the GDSOH also notes that "the precise location depends on the particular needs of the community," and that "interchanges should be located at arterial roads recognized as major components in the road system, having good continuity and a capability for expansion if required." Liberty Street is identified as a Type B Arterial in the Clarington Official Plan in which it has been planned to connect to Highway 407. In addition, Liberty Street is a Regional Road south of Taunton Road. and has direct access to Highway 401. Summary Based on our review of the Highway 407 transportation model and the future planned land use and road network, we recommend that the Municipality of Clarington ask MTO to reconsider an interchange at Liberty Street. The interchange can be accommodated while still maintaining appropriate interchange spacing, and is important from a network connectivity perspective. It would help disperse projected traffic volumes on the approach routes to Highway 407 in the Bowmanville area, lead to lower traffic pressure on lower-order east-west roadways, and alleviate high intersection turning movements along the Regional Road 57 and Liberty Street corridors. 840 '. ~. .. .... '.' ..... . ';MUNICIP~LlTY:OF CLARINGTONCOMME"!IS . .... .>:'\:..0,. IMPAC'TASSESSMENT.TABLES: IDENTIFIED. HERITAGE RESOURCES' (FEBRUARY;29.'2009l: MTO Clarington Ident. Heritage # Inventory # Address Heritage Status ;,;~>>~'> . - 407 Impact Comment 1520 Concession CM-34 Road 6 Highwav 407 Central Mainline Secondary Disruption Add a photographic documentation of the vista from the List residence, the barn and the two outbuildings to proposed landscaoe screeninQ prior to construction of the hiQhwav Add a photographic documentation of the vista from the residence to proposed landscape screening prior to construction of the hiQhwav Add a photographic documentation of the vista from the residence, the barn and the two outbuildings to proposed landscape screeninQ prior to construction of the hiQhwav Add a photographic documentation of the vista from the residence and the barn to proposed landscape screeninQ prior to construction of the hiQhwav Hiahway 407 East Mainline Designated Displacement Add the incorporation of the residence into the transitway station to CHER * option (as discussed with MTO and AECOM at the Community Value Plan workshops #2 & #3) H750 5495 Enfield CM-38 Road H079 Primary List 6325 Enfield CM-39 Road H742 Primary List 1731 Concession CM-40 Road 6 H113 Secondary List 5415 Solina Road EM-03 H157 5649 Rundle EM-OS H752 Secondary Road List 2064 Taunton EM-06 H747 .Secondary Road List 2265 Concession EM-10 --- --- Road 6 (X) +:> * CHER Cultural Heritage Evaluation Report Disruption Disruption Disruption Disruption Add a photographic documentation of the vista from the residence, the barn and the outbuilding to the proposed landscape screeninQ prior to construction of the hiQhwav Displacement Document the pioneer history of the property and add to CHER * option --- CHER * not required -i o :::0 ct) 'U o ;:1.)> "'0- enD) 00 I ::T 03 <Dct) r:->:J 0- <D W Address 5561 Liberty Street N. (house) 5561 Liberty Street N. (barn) 5658 Bethesda Road 5531 Bethesda Road 5681 Acres Road 3478 Darlington- Clarke T ownline Road 3260 Concession Road 7 7421 Best Road CD ~ I\) MTO Ident. # EM-18 EM-19 EM-21 EM-23 EM -25 EM-28 EM-34 EM-36 EM-39 Clarington Heritage Invento # H166 H166 H068 H043 H111 H034 H751 H741 Heritage Status Secondary List 407 Impact Disruption Comment Add a photographic documentation of the vista from the residence to proposed landscape screening prior to construction of the hi hwa Add a photographic documentation of the vista from the barn to proposed landscape screening Prior to construction of the hi hwa Primary List Displacement Add relocation of residence and disassembly and relocation of barn to CHER * 0 tion Secondary List Disruption Primary List Displacement Add relocation of residence to CHER * option Primary List Displacement Add relocation of residence to CHER * option Primary List Secondary List Secondary List * CHER Cultural Heritage Evaluation Report Disruption Disruption Disruption ,Add a photographic documentation of the vista from the residence, barn r, barn 2 and the two outbuildings to proposed landscape screening prior to construction of the hi hwa Add a photographic documentation of the vista from the cemetery to proposed landscape screening prior to construction of the hi hwa Add a photographic documentation of the vista from the residence and the barn to proposed landscape screening prior to construction of the highway Add a photographic documentation of the vista from the residence, the three barns and the three outbuildings to proposed landscape screening prior to construction of the hi hwa Address 7420 Highway 35/115 7500 Highway 35/115 7086 Kirby Schoolhouse 2090 Taunton Road 2021 Taunton Road 4825 Rundle Road/2070 Taunton Road 4573 Rundle Road 4318 Rundle Road Lot 24, Concession 3 (former farm com lex CD ~ w i. ....> MUNI9IPALlTY9FCLAR.IN<;TpNCOMMENTS IMPACT ASSESSMENT TABLES: IDENTIFIED HERITAGE.. RESOURCES MTO Clarington Ident. Heritage # Invento # EM-40 EM-41 EM-42 H740 H754 H352 Heritage Status 407 Impact Comment Heritage Merit List Primary List Displacement Add relocation of residence to CHER * option Secondary List Disruption H095 H744 Disruption Designated Disruption Agree with CHER * option Add a photographic documentation of the vista from the school to proposed landscape screening prior to construction of the hi hwa East Durham Link EDL-02 H746 Heritage Disruption Merit List EDL-04 EDL-05 H743 Secondary Displacement List EDL-07 EDL-08 EDL-12 Heritage Merit List Disruption * CHER Cultural Heritage Evaluation Report Add a photographic documentation of the vista from the residence to proposed landscape screening prior to construction of the hi hwa CHER * not required Document the pioneer history of the property and add to CHER * option. The residence should be investigated as it may be a log home. The barn should be disassembled and relocated. Add a photographic documentation of the vista from the residence and the barn to proposed landscape screenin rior to construction of the hi hwa Agree with CHER * option CHER * not required Address MTO Ident # EDL-14 Clarington Heritage Invento # H745 Heritage Status 407 Impact Comment 3242 Solina Road Heritage Merit List Disruption Add a photographic documentation of the vista from the residence and the barn to proposed landscape screenin rior to construction of the hi hwa CHER * not required EDL-15 2799 Hancock EDL-17 H748 Heritage Disruption Agree with CHER * option Road Merit List EDL-19 CHER * not required 1909 Bloor Street EDL-23 H116 Desi nated Dis lacement Add relocation of residence to CHER * 0 tion, 1400 Solina Road EDL-24 H749 Secondary Disruption Add a photographic documentation of the vista from the List residence and the barn to proposed landscape screenin rior to construction of the hi hwa 255 Osbourne EDL-27 H072 Primary List Disruption Add a photographic documentation of the vista from the Road residence to proposed landscape screening prior to construction of the hi hwa 1719 Darlington EDL-28 H066 Primary List Disruption Add to proposed landscape screening, a photographic Park Road documentation of the vista from the residence and the barn rior to construction of the hi hwa CD .j::>. .j::>. * CHER Cultural Heritage Evaluation Report Cll}!.-i!1gtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: Monday, September 28, 2009 REVISED Report #: PSD-093-09 File #: RE 4.14 By-law #: Subject: DECLARATION AND SALE OF SURPLUS PROPERTY, PART LOTS ON PLAN 18T -95028 ON GLENABBEY DRIVE AND MEADOWGLADE ROAD, COURTICE TO 708545 ONTARIO LIMITED (GERANIUM CORPORATION) RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-093-09 be received; 2. THAT Council declare, by By-law portions of Lots 57,58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 85, 86 and 118 and Blocks 190, 191, and 192 on Draft Plan 18T-95028 (Plan 40R- 26039 and Plan 40R-26040), as shown on Attachment 1, to be surplus property of the Municipality; 3. THAT a By-law be passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute the agreement for the sale of the portions identified on Attachment 1 to 708545 Ontario Limited (Geranium Corporation) for $114,375.00; 4. THAT all legal and related costs be borne by the purchaser; 5. THAT the proceeds from the sale of the surplus property be deposited into the Municipal Acquisition of Real Property Reserve Account; and 6. THAT staff and the Municipal solicitor be authorized to take all necessary actions to complete the transactions. 845 REPORT NO.: PSD-093-09 PAGE 2 Submitted by: ~" /" // I -m~, . J____ Anthony Cannella, C.E.T. Director of Engineering Services Reviewed by: I!if~ Fr in Wu, .1' Chief Administrative Officer Dava J. Creme, MCIP, RPP Director of Planning Services FL/DJC/df 16 September 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 846 REPORT NO.: PSD-093-09 PAGE 3 1.0 BACKGROUND 1.1 By-law 95-022, being a by-law to establish procedures governing the sale of real property, states that from time to time the Director of Planning Services may: . identify real property that should be declared surplus; . report to Council recommending that Council declare the particular real property to be surplus property and set out the reason why it should be declared to be surplus property; and . advise that at least one appraisal of the fair market value of the real property should be obtained before Council decides to sell or exchange or transfer the real property, unless an appraisal is not required under the Municipal Act. 1.2 The property is identified on Attachment 1 is comprised of 0.61 acres of portions of Lots 57.58,59,60,61,62,63,64,65,66,67,85,86 and 118 and Blocks 190,191 and 192 (Plan 40R-26039 and Plan 40R-26040). The lands were dedicated to the Municipality in 1991 for stormwater management purposes. The Municipality has maintained the stormwater management facilities on these lands. 1.3 708545 Ontario Limited have prepared and received approval for a Draft Plan 18T- 95028 (PSD-044-08). The conditions of draft approval included: "Any land transfers that will be necessary to facilitate the creation of Lots 57-66 inclusive, Lots 85-86, Lot 118 and Blocks 190-192 inclusive, as well as the development of the subdivision, must be completed to the satisfaction of the Municipality of Clarington, prior to the final approval of this plan." 1.4 In accordance with the procedures of the Municipal Act and the Municipality's disposition of surplus property By-law 95-022, the lands must be declared surplus property. The necessary By-law declaring these lands surplus is Attachment 2 to this report. 1.5 The Director of Engineering Services concurs with the declaration as surplus and sale of the stormwater management lands. They are no longer necessary for stormwater management on the current draft Plan of Subdivision due to a redesign of the stormwater management facilities for the new development. 1.6 The Municipality has two options to sell lands declared surplus, by tender or to the adjacent owner. In this case, the adjacent owner is the logical purchaser of these parcels as they complete lots within the plan of subdivision. 1.7 An appraisal for the Municipality was conducted in June, 2008 with an effective date of May 26th, 2008, The estimated fair market value on a per acre basis was $210,000. The purchaser did not concur with the estimated fair market value and had a second appraisal prepared which estimated the fair market value at $150,000 per acre as of March 31, 2009. 847 REPORT NO.: PSD-093-09 PAGE 4 1.8 Staff have been in discussion with representatives of Geranium Corporation, the owner of the lands that surround the part lots. There have been a number of meetings over the methodology used by the different appraisers, the slump in the real estate market and that the only logical purchaser is the surrounding land owner. Staff are recommending that Council accept the offer to purchase from 708545 Ontario Limited (Geranium Corporation), the adjacent owner at $187,500/acre for the 0.61 acres for a total of $114,375.00 (Attachment 3). The proceeds of the sale would be deposited in the Municipal Acquisition Reserve Account to be utilized for future purchases. 1.9 The public notice of the declaration of surplus and sale of this property was advertised in The Clarington this Week on September 16th, 2009 (Attachment 4). As of the writing of this report no objections have been received. 2.0 CONCLUSION 2.1 The lands being portions of Lots 57,58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 85, 86 and 118 and Blocks 190,191, and 192 on Draft Plan 18T-95028 (Plan 40R-26039 and Plan 40R-26040) can be declared surplus as they are not required for Municipal purposes; and further that they be sold to the adjacent land owner 708545 Ontario Limited (Geranium Corporation). 2.2 The purchaser has agreed to the terms and conditions of the sale and are willing to pay $114,375.00 deemed to be the fair market value and all additional expenses. Staff recommend that the property be sold to 708545 Ontario Limited (Geranium Corporation), the abutting owner. Attachments: Attachment 1 - Map Attachment 2 - Surplus Property By-law Attachment 3 - Letter of agreement from purchaser Attachment 4 - Notice of declaration and sale of surplus property Attachment 5 - Sale of Surplus Property By-law List of interested parties to be advised of Council's decision: Jeff Shankman Mario Giampietri Kim Beckman Murray Visser 848 Attachment 1 To Report PSD-093-09 la 1~:0 ~~ -6 JOHN WALTER 0: LU ~ .-- , ~II > - Il' 0 0:: I I T <( - If 0 0 J I I 6L 0::: >- .,..y LU LU GI CS ~ co :===J 0 co 1#/ 0::: <( Z ~~ CRESCENl Q LU V i---= -l ( - (!) ........ OKE ROAD --- / \ O~\,,~ GLENABBEY -..: Plan 18T -95028 Block 190 and Part Lot 85 ~S028 .--- ~ Blocks 191 and t92 ;... Plan 18T -95028 and Part Lots 86 and 118 Part Lots 57 and 58 \\ -;> '?-\) rv<?- 5) Plan 18T -95028 0'-''Y'' Part Lots 59, 60, 61, o~ 62,63,64,65,66,67 ~~ ~ ~ \ IV ~ Draft Approved Plan 18T -95028, Courtice Attachment 2 To Report PSD-093-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a by-law to declare the lands more particularly described as portions of Lots 57,58,59,60,61,62,63,64,65,66,67,85,86 and 118 and Blocks 190, 191,and 192 on Draft Plan 18T-95028 as set out on Schedules 1,2 and 3 to be surplus THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. The lands more particularly described as portions of Lots 57,58, 59, 60, 61,62,63, 64,65,66,67,85,86 and 118 and Blocks 190, 191,and 192 on Draft Plan 18T-95028 as set out on Schedules 1, 2 and 3 are hereby declared surplus and which lands are legally described as: Part of PIN 26595-0435 Part of Block 58, Plan 40M-1669 Municipality of Clarington Regional Municipality of Durham designated as Parts 1, 2, 4 and 5 on Plan 40R-26040; Part of PIN 26595-0013 Part of Lot 32, Concession 2 Geographic Township of Darlington Municipality of Clarington Regional Municipality of Durham designated as Parts 6 to 9, inclusive on Plan 40R-26040; and Part of PIN 26595-0014 Part of Lot 32, Concession 2 Geographic Township of Darlington Municipality of Clarington Regional Municipality of Durham designated as Parts 1 to 9, inclusive and Parts 15 and 16 on Plan 40R-26039 2, Schedules 1, 2 and 3 attached hereto forms part of this By-law. BY-LAW read a first time this 5th day of October 2009 BY-LAW read a second time this 5th day of October 2009 BY-LAW read a third time and finally passed this 5th day of October 2009 Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk 850 SCHEDULE 1 ~ CT ( 1- )( lIJ Lt' Cl <( o 0: UJ :.::: o UJ > ~ o >- w co co <( z W --J (9 OKE ROAD GLENABBEY IV ~ Draft Approved Plan 18T -95028, Courtice 851 i .~ I ..j> I ~ '" .'"."1., \ lo/,../~"0./-"""'~oJ.,"'~/ // L~ O/~ /~ ""/V t J.. '01/ .:; /~ ~ /'"V'\/\ ......... / C'l Q \".: /" \ '"" , '" v~-\',:,~ \"\ I .~ ./'..::.:.~~ ~~;\ {\ I 0 / \r"l4N1eIl:m2~'\ \ \ _ -.J /. \ 1_'_ '\.~.\ ~; V \ \1 1\ \ 6l: \.;!. ....\''J.' :.OT 32 CONCESSION 2 \ \J. \~:~-h! ~r~\ '~;.\\ I \ ""\,/""';' - \ I \{ ~\'~'--- p'~, ~ PL"" I(IC 'f"'-------.; , ~ \~~CO' "i-:t \~, \\ ~ / I \,.. 1\:', \--~'>-~' · -, \," I r'" ~.u . I .... .....~...\ \ ;~ ... \ 'j. ,.t., ri .L... " ~q.,'i'''' ' ,II" ~. \. ,,- I - - (0 !L1-~"~.\~r~J..-~ , ~ ~l I .--; ;.> \\ (1"0 \\0 \.0'" _~ ~ \-;T,;~ \ ,....~[ :lH'. , I ~ft... --L '&- \, \,iJ'.....f- ..:c:\ ~-- ~ \~-"\--------- _____.L________.. /"., -~/l '; i'LN<crSLflVn:ft \~~Ii:r:';...\-a'( :- ," \ 't.~ \ ~ ~ '. . 1 ~ I : C ~ PART or BLOCK 58 rr-,-'----'\ \:0--:1:, "J.\~\~ \\i;.1 \ .~: !~ . -/ '~ /::~,. .' ;.: :~: IREGISTERED PLAN 40101-1669 AND ~ I..r!... ~_~T~__ \ \-- t;- 5~ \-~ \ --~-~;'~~~~ ~ 1 :~- -.. . -:;.. ! 1 ; 4, 1~~tE~~td-~T2 32 1il,,1.....'....1 --\ ~! \...-1--1-\, r ~~ ~ \ ............ . ~._ .. "'/ 11 "'Ii: : IlG[OGR~IOW"'SHlPOFDAAUNGTOUl "~~ I ~ I LOT 2 \~.. \ 1..;;-~~~ '..., ~_.........c . .... ..- ~;A;;"'~ ~:-. .....O'lI.d! Ij;;m-,- pt~il ~.59. '~'~NI~I~~JTY or CLAAINGTON ~1-1 . ----ti'-l07'5J ..::' , :.:: ....:::"" . -- -- -: -_;". -....~ 1_ - - .~......,- "-'- ~l!..D~~ -!!Z.IRECION.q~,p"'-ll'(orDURHAM REXTnOl;-.---./r I~-"'~'r'" 1 POf,O J / ALQWANc.:E _::Y::j I -\ fl~lWff.N" 10"5 ..:.. p ...~:.~~-) 1:P,--I I~~. ~ - . -- ( I ANt I ' Z LOT, 50? ~ ".-. '" I"''' \...~__-J .. I _'J,J' I : j- Q.....~ ......r ... -':1, J 0 BARNeS llMlTEO ~-~J~~~~~J~f--~;~iSJ1\~\~~;~) te~::~) -~~~IFTr \ ----------- ----.--------------- - -r ."',c::;.:',~;..;1h_^~:'.:.1...n..':' c I .- I ... I lOT \ i . _ I ' \ ~ I c' 0 I Lor 40 I I 50. ______.______hh_________ ---- '~ ...J f...J r--- L-___J r.RT~ I --L-L-L~~r ] l"~ ~1>_l~_T~~: I I J ~.?~;-".-..............rt........'.1".'"'' I lOT /1;>-' ~~ I~ LO' 48 ,---;-t-f'.H &CR;mr,--L PUTI ::f~ "(l:I2~~' ::'..::~::::..:~.::::::.'";.:~=:..:.::::.~ f- 0-- j ! ,;;:- - ---,......,~ - - -----, - '.. .~~ I ~ ' :':B Lor 47 LL. Lor 33 I CONceSSION 2 .' I ,I--__j I ~c-l I ,------, I r --.--. I I I I I I I . --.-----.-.----.r r- ~0J_ 'r'~ .._----, ~-----_..- ---- --- \~'X \~ ~" \..t-i. ~~~ -_\,'~, \~ \ " \ \ ~ \ \ 1~ \ \ , \ \ '. \ '''1- \ ~ \ \ \ lmD) "...., MO' om ~ I i i j i_________l_____.._______.__.____..____._I_......._._. .._.._. _..._______.~_._._____.__.__ . , ~l ... 1.0 r ~~ ......--.. !'"' ....-- --- ----.-- ------------------------ - -.----.---------- - - I)(T~'l ... _-..",." (Xl U1 I\) .---.---.--..----------------..- , I '1lr1l_'''';'AAfl'lilr [_f'fUS"'" PLAN 40R- . </0 ..,,~l1.1""___ A~}tf~$!-- (IIl'_~.....t.......nCl'l &.O.l.kp..JJ:"-....)OOf "A:5L{)I/~~NtJ.I? 1__....,'.....,1:<<.10( \""'",f~t"~'''~'\.Oo_ III. .~, CJ: ~ I m o C r m I\J 5OOVfYOR'S CERTn;ATE 'r...._'""..........r.............."'.......r.....,...~..-...f '''.'''' ....~_IC' _... ,..........~, _.... .........- ~_...'("T...~..-.<..."..... ..ll.,J,.".... ~e~iI[t;~;~~...-. (r.~: I.D.BARNEo; :::,::::' ~ u..'..n..........."......~_ ,..--.......-........'" r_........._ __ \..:./ 'HI:::UULt: 0 ~ ,~, "Hi1l;ll:li - 1"1 \J\..J ~ ~ $1"~ r;~Etl"~~t'j ~; i ;, <:-~ ~~;;.. ~rl.J.~. 1 ~a~, !~I ;l 1i..~'~:; i: ; t ~ ~l I '! ,~,.": ~l: '.','. i ~ ~ V;1~ I; . I s:O . :li ~ l .'1', ;. . I 0 ~~ I It :; I ,; : .-:1 ~; ~II; -1 ~~N~ ~~. ~~i ~:!~I i ~i ~ Hi ~~ .!!j ~.! i 1 _: ;35~ ~5 . ,If ~,t 2 ~! ; :l'll -f (: i . . - I . I .'.: ( eu" .:.! I !.s:_~~_I; ! ,,~t;?~~<lii"'~" "J - i~&~vq I! '. J ~~~~tlQt..!U ...~~;;;;;m~i~;~~ il:i:~ !,! ~:JIE!3I2L 5!li~.'~~: o~ .11 ' ....~.......... ..',11 - I ""-..l... _~_u...:-s _It-"~_!:~.L!_!."":'-:!.~'<~_.__.l;_!_.._~~_ r----. -------,---- _ I · ~ --- n.:C"___ - -r~-;.;..--n+--T-,,,.;C:=~--;.~'- !I \ '\1\ ~ I \. II , \\\ ~ I \, 'I I ,\ 1 8 \ I I '____--IT--+';------1l \, II : ____ ! 1 \\ !. \ ~ .1 ____ ,'I. ~~ ~ ~:~r---- ~! ~ \, ~ ~ I " I '1 I \ I -~---f \\ : i 'I ') I i I: I : i :i I J i : I I I I I I I 1 , i .: ,~J -~li ",..- j~~ '!i 11'., i; ~ ~ I: ~n ~. ~ < ! I. '.' lI:l ~ ~ -~ ~. ~ -, II . ;1 (~-.: ._~ IT-V I ! -, .1 I! . 'i I-~I' ,. I 'ij " ,II...) !~li .>-<;;- --r---o;,- i :c--. i f~ i i I . i I I b.';. :1 i.l: 1;1 ; :11; 'I I, ii 1__ 111 - n.. ~~......~~ ", .~~ / / --.---__i.____-//' r .v." /' ------t------'/ I , / / ., " " " :, i I ~ ~ ; . :1 \--- ! ~ -r ,\ I -_/ --^~ ""', ...... ......,.... , .'-----~- / / \ \ \ \ I \ ...-~...~"'//' ; I 1 r L= , i i 1 , -, , i .u_,'_u___ =-.J ,,'J91'i"1<,;. I I I I 1 flJd31!'>l!l:;tl 853 Attachment 3 To Report PSD-093-09 JEFFREY P. SHANKMAN Barrister & Solicitor Suite 310 3190 Steeles Avenue East Marlcham, Ontario. L3R IG9. Telephone: (905) 479 7799 Facsimile: (905) 479 6655 jps@ipscounsel.com erace@jpscounsel.com September 8, 2009 Delivered via e-mail flangmaidav.clari ngton.net Municipality of Clarington 40 Temperance Street Bowmanville, ON. L 1 C 3A6. Attention: Ms. Faye Langmaid, Manager of Special Projects Dear Madam: RE: 708545 ONTARIO LIMITED and MUNIClP ALITY OF CLARINGTON SURPLUS LAND PURCHASE I thank you for your reply correspondence of August 31, 2009. While we do not agree with the analysis and conclusions as set out in your letter; in a spirit of co-operation and a wish to move forward with this development, my clients do accept your recommendation which results in a price of $114,375 for the 0.61 acres of surplus lands. Kindly take the requisite steps to allow your Council to endorse the sale/price, and the municipality to complete the sale transaction with my clients, in a timely manner. On a related matter; you are aware that my clients delivered Revised Applications for Certificates of Approval to your Engineering Department. That submission was delivered on or about February 27, 2009. The Certificates were requested in respect of a large municipal, residential, drinking water system, storm sewers and appurtenances, municipal, sewage, works and storm water management facilities. All of these are required to support the draft plan approved Springfield Meadows Phase III and Nozdryn subdivision and are pro forma requirements for MaE approval. I take note of the attitude of municipal staff, who made it abundantly clear, on the record, that they would, "...not be signing the MOE forms until the land acquisition issue has been resolved." ' 854 2 We are of the opinion that this is an improper and inappropriate position for municipal staff to take and that this reflects poorly upon the Municipality. This municipally-imposed refusal to act has caused my clients a significant delay, as well as the attendant costs associated therewith. We ask you to confirm that municipal staff have been instructed to process the Applications forthwith and to co-operate with my clients on this and all development issues, in a timely manner, going forward. We expect that we will now be able to develop this project in a new, spirit of co-operation between my developer-clients, on the one hand, and the Municipality and its staff members, on the other. Tf ''''" r~l"lll;T~ an.,+h1'ng fiurthpr in thp",. p""c~""ps Coram thp lln,1p""l' CTDPd or my cl;pnt" n1pasp .I.. JVU ........'1.1.4......"" J..J.J<i..i.&. ... ... "......"'" ...... ..............- .J.V ............- lJ J.......... -..........""'....... o....v ...... ....a_.a. u, .t"'&- .... do not hesitate to contact me. Yours very truly, ~ aY~nkman. JPS:gem C.c. Mayor Jim Abernethy mayor@clarington.net c.c. Anthony S. Canella, C.E.T. Director of Engineering Services tcannell a{cV,muni c i pali tv . clarington. on.ca c.c. Leslie Benson, P. Eng. Manager, Transportation and Design Ibenson@c1arington.net c.c. Murray Visser, AACI, P.App. Immav@pvcLca c.c. Kim Beckman, Barrister and Solicitor kimb(a),davieshowe .com c.c. Mario Giampietri mariog@geraniumcorporation.com 855 u Leading the lVay . 905.623.3379', -, info@ciaringlon.net ~ . POUNDS ACT NOTICE In accordance with the Pounds Act, notice is hereby given that one Hereford heifer weighing approximately 700 pounds was found in the area of Taunton Road and Green Road. If you are the owner of this heifer, you can claim it by contacting the Municipal Clerk, 40 Temperance Street, Bowmanville, 905-623-3379. PUBLIC NOTICE - Respecting Part Lots 57 to 66, 85, 86 118, and Blocks 190, 191, and 192, Meadowglade Road, Glenabbey Drive and Street B on Draft plan of Subdivision 18T-95028 . Courtice TAKE NOTICE THAT at a meeting of the General Purpose and Administration Committee of the Corporation of the Municipality of Clarington to be held in the Council Chambers at the Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario on Monday, September 28th, 2009 at 9:30 AM. it is proposed that consideration be given to: · Passing a by-law to declare Parts Lots 57 to 66, 85, 86, 118, and Blocks 190, 191, and 192, Meadowglade Road, Glenabbey Drive and Street B on Draft plan of Subdivision 18T-95028, as shown as the area to be sold below, to be surplus property; and · Passing a by-law to permit the sale and transfer of Part Lots 57 to 66, 85, 86 118, and Blocks 190, 191, and 192, Meadowglade Road, Glenabbey Drive and Street B on Draft plan of Subdivision 18T-95028 to the abutting land owner AND TAKE FURTHER NOTICE THAT before passing this by-law, Council shall hear at its meeting to be held in the Council Chambers at the Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario on Monday, October 5th, 2009 at 7:00 PM, in person or by counsel, solicitor or agent, any person who claims that this land will be prejudicially affected by this by-law. Patti L. Barrie Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 \wWw~~larington'-net "."'. '_.~ ,,' , "'", ~ '..',,".:i- 1,.,. ,": ~ :. -lJ ..' ..r, ::-1 ~ ~il> ,~~ Auacnment 4 To Report PSD-093-09 856 Auacnment b To Report PSD-093-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a by-law to authorize the Sale and Transfer to 708545 Ontario Limited (Geranium Corporation) the adjacent property owner of portions of Lots 57, 58, 59,60,61,62,63.64,65,66,67,85,86 and 118 and Blocks 190, 191,and 192 on Draft Plan 18T-95028 as set out on Schedules 1, 2 and 3 WHEREAS at its meeting on September 28, 2009, Council of the Corporation of the Municipality of Clarington passed By-law 2009-_declaring, portions of Lots 57,58, 59,60, 61,62,63,64.65,66,67,85.86 and 118 and Blocks 190, 191,and 192 on Draft Plan 18T- 95028, to be surplus and which lands are legally described as: Part of PIN 26595-0435 Part of Block 58, Plan 40M-1669 Municipality of Clarington Regional Municipality of Durham designated as Parts 1, 2, 4 and 5 on Plan 40R-26040; Part of PIN 26595-0013 Part of Lot 32, Concession 2 Geographic Township of Darlington Municipality of Clarington Regional Municipality of Durham designated as Parts 6 to 9, inclusive on Plan 40R-26040; and Part of PIN 26595-0014 Part of Lot 32, Concession 2 Geographic Township of Darlington Municipality of Clarington Regional Municipality of Durham designated as Parts 1 to 9, inclusive and Parts 15 and 16 on Plan 40R-26039 NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The Mayor and the Municipal Clerk are authorized to execute, on behalf of the Municipality of Clarington, with the Corporate Seal, purchase and sale agreements between 708545 Ontario Limited and the Corporation for the lands identified on Schedules 1, 2 and 3 BY-LAW read a first time this 5th day of October 2009 BY-LAW read a second time this 5th day of October 2009 BY-LAW read a third time and finally passed this 5th day of October 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 857 SCHEDULE 1 a <( o 0:: w ::.::: o w > 0:: a >- w co co <( z W ...J CD OKE ROAD GLENABBEY IV ~ Draft Approved Plan 18T -95028, Courtice 858 --------r I ...~ T ---------~------ I , ( " /. ,,\ I ,L~ / 4> ~ /- L~P/"\.I /' IS i ~ / '")0) % "- ~~~.V// / L I ~ /.() /.^ w., \/ ~T ~~. / ~ /.... <'P//v" <\ ; '~'-! ,5\.o/c. ./, t\ I '" /'<::.~::~ \:\ ] :; / \rl'l::~~R~32li2...':::.." \\ " o / t -,- ~ ~\ -;::;;- .,/ \ \1 - 1\ <? -0 .\;!. ~~\~\ ~OT 32 CONCESSION 2l ",' \ I})' I) I "'0.' \:\'> 'I I ~~- \-. -"I \ (~""t- \~\ ..~'V~ \.:_ \! \\_\-___________y__ pyn I, OLt.N 1{'I1l 3t!n -r------i '*~(-1.0' \~~-.f\ \:\\ \_n "" '"'' ", --7 I II '\ <" ~<-'>;).. d\ bt \ \~,\ \ / I \~O,,'i;~~.,\\:.j-Z~I:;:;\ \ 'C \~~ \ I \ (0 "f-'"(d..~~I::-.~~<O \ ~ \~l\l~ \ ./ ~60 ~. \..0" ~. __~ '-6, \~'j;..\, \ ,-"f[ ~lAII A FT-,~~i-~~-~iC~J~rr~~~:~~;-,:~~\ ~,~\-~:~-~t~R.~~I- I~;.I~;;I.- \r1PART 101 !~~ ~~~~~RE~~il~l~OM-1669 mo I I I . LOT' \ \ +--~ I ,~ I, \ \_-\-);,\---".~~.I ~ I - .-. '~l iPART OF LOT 32 ~ "" ..., ~---._----\ -- LOI 5~ \ 1 ! j ~~\ .''''';-' \~ I~! ~ ICONCESSION 2 \~.J ~ I I- ' \ ~ ~ L._l_- - f- \ \ I 1 1.).; ~ ~\, . _1nO........ I ~ _ 1 IIGEOGR.4PHIC TOWNSHIP or DARLINGTON) u...... 0 0 t \ 0 ~ lOT 54' , , , ! NOW IN -HE. ~~ : -' ! !...OT 2 ,Q:; ~_I~U~O~ PM" PI."O; IO!'''OSC \_ "AIlT.I., . ~ ..~ I':~~.:~..HI IpART-\- PlAN r-iOQ<4W IMUNICIPALITY OF CLARINGTON ~.l.-L ' --k lOjlS3 ~ - -11<~ .,.. -- ....." ~IT.1J1UKItEMr-"'i~l!1!.REGIONjl,lMUNlCiPAIJTYOrOI)RHAM -- - - -- -/J l~_ Ptff U,t,ol"r I / ..,.~. - \ ~ --:':0::'. ..----r-=' ; :1 .,elltE I 7.0 I I~----;- -- \ POI'.D I ALLOWANcE ~"~'-=-l I ,BE:iWEEN IOT5 P AND 33 t' ':- -- . .. '" .. L-..1'-' HEy T80LEf lANE I ,:::'__LOT52 L...."-~Sl"D 6~ I / /IlI'\'rL:,"~""1 {)IP'J/J7-l: \ \-o..O>l:D .~ __=________~_______:lM _ _ JDBARNESllMlTEQ - --I 7,-1'~ -- -.J---f C~,-;-~,J,\ ttiPART 21-.1.; ~~iT:~I~\ -.qp_A.R.T_81+-;-, --\~--------- -- - - - - r METRIC ~':'i_";1,l,"',"1Mo.~:'''':,,::~l,,.':' v l,oT39' /--_l- \'_00_- - I I \ . ;;: 1 ,,'t- L I ALOCK 61 i \ \ I I \ I I ... ~, I:;; --__j r-- -'-'-- \ \ IillU}l ~ ,} \ o J 1- I 1_ I lOT \ 1 \ -. ,oon..' I ,/ \ I __ ~-L 3 ! 3 ~~~~,~-j ~-,;~:: - _mn___;.;~~_m_n___ un___ i ~\ J I I NOTES ------ --f-- - - --.1 uJ ~ f ~- -- - -j I \ I "L,lN 4Dfl25026 r..:~~s~~~~.~OO'.o:o:,;;::: lo~~:s;.t"i~':;".";- ~ LOT 4? i 6~ 1.~_L':':48 r=:;:tP~' 'OR<,~:;';' 1 --- - p:;" "'" .pm I :"';::;-:::.~::::~,:""'oo"""_W~M'" - \--'1 1~1 LOT ;7--LL LCl 33 CONCESSlON 2 ~ ~.. =~ ::~vs~=~'..:'..~ I ~) I !- ---- J ~A'=~ i ~._-I I r---~ m__m._ _____m______n_n__________m____n__n -- -', f;!:' _~...:~,:~,~: \ . I____M\~~,~.~~.:~--- \ <::~-~;i--~Inm----,,\,: '.::;::. \ ~,:. \ ~S;~.. \ ,/ 'O~~~:B !1! ~~ . ,:" \ 7- \ '< ~,.cof "LIlN IOR.361J! LeT ,p';'~.... ~ 32 : I. .. \ \'~ I I, ...:.<J." - 'l_oof1- ' \ \ ~~. ;~ \' I ~~. .I':.~ s. ~,l 1 S~VEYOR'S CERTFICATE ~I' _\',\. "'_ \ -"'-''''._ l : ~~ J ~ l ~ ~1r;-7!!~: ; !; i 1, - .~I,PART 101:' li '. I .. ~ t ,(;Q-4C50j: I CONCESSiON <(( ~ E. 2 I ~t'- 1IfJ r ~-;\: ~ . .!;I}I'- 1 1 ~.. ,-____ I DAn: .... __ \ ~.::.. PllflT 3. PLAN r ___:11- j \ "., ~o.~''''' .,,"". "'::;:: -;; /) j" 4:t~:O~6 / ',--:~~~-i;~~~::~~-/ 1!lE~~c,lrSl't.""'TOilf. D!:POSIl[O l>NO[~ H1l LN()TllLf.,A:;T PLAN 40R- '10 R[CElv(DIi'fOO[;>ct.!f.C ~~)------- o"",.l.f'!l1.1<<!'--- .J1L.k.f...",k~_ t; C.l....-~N.I8OlS( .:lNU"llOlAHDS'JPvr(~ OAT(iLplLl:~()pr "A.;;,UJlJUE..'111JLR. tHiO ll(o;!srRAA fC'l'i h_r 1M! TITtfS [)~/lSlON.""It !IlJr<l--IAAO lNotO' 5CH:'lI.'l.~ LJT,.lO ' ~~,~Ttiffm-;-~-r~~~:-~: i .....iII" ~: <l1A):;., "002.. J~ ~ e'I'; )..">> n.-:T>>' ~ ",---;;- ~ _ liu..:>_ en o I m o C r m I\.) . ,. 1'I...."".1~_ ~U'OII.$1'e IIt:OlHU<DJ'I.".._.... ......_.J.", l'lUl '",,_nos.> , , 1 LO";" 54 : p,N.n;''''''o"" !- , , , I , I 1\ lor" .... . ct:~l.~ 1"" '_Te _""V A....,..."" -.I( roooao:n....'II 'L'C"'''''''w.:o: """""11: ""","1" .C'."IT _\'('tOIlS AC' ...., lK I~ TT1I.T" AC1 .... 'I"H( R~GuI_.tlm ....orl.lliOt~~_ '"lHI:_\I1:~.'-S0lIMI'l[1UI""llO'~:rr.lOC. ~~~ .G.:f~tlf~~b---- OIfflRlllIfCSlIlYlY':iI' !'::' ~ .=. .~!;:. .' }.D.BARNES :~::::;:' . --,- ....... _ ~..... ,..."....~~..... "'oo'."U' ." '...,.".."""'1...._.......,,"' "'__"II ._........ __ 1M-~-oI-' !Iool~~ _ I'lOllm ......._ /. OCTIIIL ,.. 1____. ___.___'__ .._J__.__~__..._.________ __.___~.._________________.__~.__1__._ . ..__..------------,-~-_._..- CD U1 <D ~~ I C~_:'~:~';'__~ _1__. ~ : ~ .~~Jp~n~'" ~ I ~ r-~ --------...< I W I 0 P~IIT';!~<\1l. I I ~ t----=-- ~~~ I; _._--~ ~ I '" I ,..q "" I ~ I ~ r -- -- _.~'.~~ - -- --j I ;; L -.. ~-?;tT~'~ _ _ ~ I :<': I ~ PAHlt ;>LA~ I' e L __. __..:.'~' .._ __ _. ~ i i, ..~l.t.~~'itH ! i \"fX -;.,.;~~ :~~N- -I I ~. ~ _.4:"~:: __ _ ~ f ,f--. ~ '_. p~;,;.,;~~~ II ~ J.. <or '5. I j \. / '~ ",;,;/;;;:. - - - i "" ./ " I', \ \ 't , \\ ...", '" .;".,'~\ . '.- . <o"~': ..,a<",..... \ __ \ .\)., .;~:;''''~(., '~:~"--_-:-\" \_----------- \/ / \ '... ~--_.,.~:\~ " ----~ '- - - - t-.~ ~-- ..- .L_ ;~,~:~,:.' ~.;~~- - LOT'> I SLeCK S3 \\-.. '~i~~- '\ \\ _ - -~--=~~--=--~-==---:~~=j't._::~~;...;:~ _....- i .... \\ \, \ ~. \ \ \\" \~'\ \\ ';, \ . \\\ ~ \ .... /"', ~ , , --r. ~ BLOCK 5<1 ~ ~ ,. --- a ~ ~ ~ Q " ~ -- ---J c'~bZ;~~8i:-y " .--.__.1_____ co Q') o ----------- -----~ I~- 1.- L -- -':--~' ~":::~] -- -~1; ~:T':-=- ~~~ - - - - - ---- II I ! 1 . LOT 31 rr 01 :, I _. L. ~. \ \ \ \, \ \ n . '?, ~ f ~ I ..J-. ----I .-. , I _.1.. \ \-~----_r~=_"t::: I , / ! ,/'- It' :} /'-. , / ....,\ ), .'~ / \, -; /_~ -;-//\ /ot.i/ ,')1. \ /~y r:::;'--+ \ ~v --v / I 'v, / ", '- \ .', -, _.....1...-._ .___ ---, --------..-.--..-.-... ."'m '--T --.- -.--. - .! u_.__~=:_ PLN< 4OR-02~:~-1 I I:,:,.;:~,:-:::M ''''"",_M''''''" i --i CONCE"'OO 21 "",~LJ_J""L ..,,~j..L1.':.Jllo1 I i . ~ ~4g~~ ~~~~}~~ I ~ ---... ---- i-- OIO'MIlIl-'llClSO.-v['" UNlT>l\IE:S-O;VIS'OMDlIllOl"l'. --~ -~-i\------~!,'I- II rr1-r:.1~ \ -{ . I ' I "..-- ~'-f. \ . , i I : :;; \ l~ II r-J ___.L___.__L~ \, !r II i~AATF~ttot 32 1~?0~~~~9~WI,~ OF o"",.;rON, \ ! I :~JNICI~1!TY OF CLARINGTON \ ~ 1\ 1 REGiONAL IlUNlClPJrlITY or OURI-lAM "" .,., -1\--- -ll li~~' B~:Sl~Tm .~ METRIC ~~~~";"l.~'~.':':~ ~~.".~~~ ... -/ :1 \ I _~Ji ~ \/. .-+-- >~I \ .- - -- -- ~.- -' -;:;: .-- \\::"$'0' 2 -I, i~~~-::::::-:::;;:::::;~:::: \ ' I 1[1 L ?( I 1()".!8n ~ .----1~ I ..~- ~ i ~ I ~ I I I I I ! en o :r: m o C r m u.: /1 ./ ill // I~; ././ I!! ./ Ii // i i /' ,I ./ 'I // ill! -----------------~ jll I "".~ ji I - --- -- --- -- - ---o;r,."'"'RiooGli""-=--=--=---=-=-_ I-:;:...l-- :SURVEYOO'S CERTFICATE :~~;:~~"" ~r ~ :~M~.:c~s'~.:.."";.::;~~~...n 1 ~.~ ;::::~~':. --.nB ... aw.. ::. lo:.t i...,.(l.,J,'Z$~ t;. e~4["t"'J:1;;""_. i ,.,.. ,_ .~"~ .1. D. BARN.~.~ ;~:.:;:;:' u~. '~'Q"'_"". '"'''''''' _,. . ,.""""......"...--......,...... ..-........ .,..... .........: ~',~~- -.:>-r-o- ="~=~~..; ~:;:. I _._____J__.__..._______ L I. ---- - -- .....- Clwillgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday September 28, 2009 Resolution #: Report #: EGD-028-09 File #: B.02.09.018 By-law #: Subject: DUNBURY SUBDIVISION PHASE 1, BOWMANVILLE, PLANS 40M-2096 AND 40R-21119, '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-028-09 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-2096 and 40R-21119; and 3. THAT Council approve the by-laws attached to Report EGD-028-09, assuming certain streets within Plans 40M-2096 and 40R-21119 as public highways. Respectfu IIy, // Reviewed by: U ~ .Jrr.; Franklin Wu " u. Chief Administrative Officer 11 Submitted by: t ./1;1'1 i A A.S. Cannella, C.E.T. Director of Engineering Services ASC/NAC/jo September 4, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-9282 901 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered July 15, 2002, with Lizjan Developments Inc. to develop lands by plan of subdivision, located in Bowmanville and described as Plans 40M-2096 and 40R-21119 (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 LiQhtinQ System; c) Final Works; and d) Stormwater ManaQement System (not applicable) 1.3 The Initial Works and Street LiQhtinQ 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 June 1, 2006. This initiated a one (1) year maintenance period, which expired on June 1,2007. 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. 902 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. 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-2096 and 40R-21119 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 903 - f---- - f---- c= ~ .\1 \/ 1----- V c.~ I----t-----i \ \----\ \,.'rf\F) - t-", LU ::J == ~ ~ Dunbury Subdivision f- ~ == ~ ffi ~ Phase 1 ~ ~ '\ I--- ~ g Plan 40M-2096 t-- ~ I I~ LU- V LU _ - .J1I' g: _ MAXWELL CT .J1I' := oo~ ~"j I 1\ 1J1111 \ l- I- __ ----- -.. -- ........:.:..- I- 00 ___ r ----_ ~ :1-- '.. ~ 1:= \J,l ---- .. . .- '==1 ~ \-- t= m;:::: ---' ~ .\.--'- a:: f-- - t- f-- ~ ~oo_____ :::::J, ..... ---- f-- l.----1 ---f-- 13 >- " m ~ 1 I ~r.UEJ~~ F I ~ lJ~,,6 ~R"'E .., ... .... ELDAD DRIVE .. ." 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I ..K..~<:,..:,.i h~' / /::.0<, i~\>~..1 ; I ~ElJJllJjllllU EI::: II' iF 't>>] i::nr-t,rrW'P1Tru,--I- :j [3A'':;~~'/ '/ ~~~j Q) ~ TT1lTmmmmnB 1 'TI: ,j i '-', rent iL:_2:j JtlJlrtrn=J,.:~{lS~~f/</ ~J ~ji'.'l ::::!: ][Jj]TIllIJ]]IllIZ;;';=\ iJ!l-I=~ ,~-c:: ~'=lj],Ir\'i:]lm[}li1E OJ1::;;;/ ,,/ "" "';. ,z.:s;:: . _ r .llllIllllllilll t=E.J LUlL!.' ~cc:r.::.J ::ciLU11,tTIlilllJJd,P7 / . IJZI/~<~J>""'mm[I1 BOWMANVILLE ~~Ir:i~IIJlli]TR0~~i~oltH1 KEY MAP "_m_:_.' ~_""'_' ",/ /\ r 1.-,-j'fTTmnT:!>,<(:<~'rcn~~ 8rn rnn-i CLw t"..i, I I ~. ~ W/ Cl -~ --' -6 _""'l f--- I-- tlt COTTSDALE DRIVE ~ c::= I \ \ \ Part 1 Plan 40R-21119 11 f~ ~ ---t igs []1'Y ELDAD 1\ ? llWJ r----' == f-- - t- f-- ~ (J) f--- ~HA^,^,A D I ~ R ~~ ~~ ~53:>) \ "\ f--i L---J LONGWo~3 ~ ~ LID -'tpf[tF= Ailto z a.~ ~ ~ ~ TAFT ~ I]r~ -- r \ v t- LU LU a:: t- oo LU ~Illliill- ::l == \.--'- z- LU == ~c- 00 == 1111 II \'1" o ~ ,u mr -11 w4 ~s s DRAWN BY: E.L. DATE: September 8,2009 REPORT EGD-028-09 ATTACHMENT NO.1 904 G:\Attachments\40M-2096. mxd ATTACHMENT NO.:2 REPORT NO.: EGD-028-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- XX Being a By-law to establish, layout 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-2096, 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 145 Block 146 BY -LAW read a first and second time this XXlh day of xxxxx 2009. BY-LAW read a third time and finally passed this xxth day of xxxxx 2009. Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk 905 ATTACHMENT NO.:3 REPORT NO.: EGO-o2S-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-2096, 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: Rickaby Street Longworth Avenue Eldad Drive Scottsdale Drive Brooking Street Block 145 Block 146 Block 147 BY-LAW read a first and second time this xxth day of xxxxx 2009. BY-LAW read a third time and finally passed this xxth day of xxxxx 2009. Jim Abemethy, Mayor Pattie L. Barrie, Municipal Clerk 906 ATTACHMENT NO.:4 REPORT NO.: EGD-028-09 ,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 Hiahwav Name Part of Lot 9. Concession 2 Designated as Part 1 on Plan 40R-21119 Longworth Avenue BY-LAW read a first and second time this xxth day of xxxxx 2009. BY-LAW read a third time and finally passed this XXlh day of xxxxx 2009. Jim Abemethy, Mayor Pattie L. Barrie, Municipal Clerk 907 Q{1[.#]gton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 28, 2009 Resolution #: Report #: EGD-029-09 File#: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2009. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-029-09 be received for information. Submitted by: ~.. -~ / _~fZ'M1L A. S. Cannella, C.E.T. Director of Engineering Services Reviewed by: inWu ~ Chief Administrative Officer ASC*RP*bb September 15, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-1824 908 REPORT NO.: EGD-029-09 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of AUGUST 2009, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF AUGUST 2009 2008 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2009-2008 Residential 34 $6,434,876 66 $11,883,775 -45.9% Industrial 0 $0 2 $5,820,000 N/A Government 0 $0 0 $0 N/A Commercial 4 $64,000 3 $120,000 -46.7% Institutional 0 $0 1 $1,316,000 N/A Agricultural 4 $466,336 2 $397,428 17.3% Demolition 2 $0 5 $0 N/A TOTAL 44 $6,965,212 79 $19,537,203 -64.3% YEAR TO DATE 2009 2008 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2009-2008 Residential 311 $43,712,701 586 $104,805,989 -58.3% Industrial 2 $245,000 7 $22,360,056 -98.9% Government 0 $0 3 $3,175,000 N/A Commercial 37 $4,081,524 31 $2,583,151 58.0% Institutional 5 $13,867,760 10 $4,446,000 211.9% Agricultural 10 $2,152,166 17 $5,951,388 -63.8% Demolition 19 $0 25 $0 N/A TOTAL 384 $64,059,151 679 $143,321,584 -55.3% 909 REPORT NO.: EGD-029-09 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 I Applicant Construction Type Location Value 910 REPORT NO.: EGD-029-09 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "AUGUST" and "YEAR TO DATE". o Semi- Detached 0% Dwelling Unit Type "'AUGUST"' 2009 Dwelling Unit Type 'YEAR TO DATE 2009"' o 9 T ownhous A rt nt pa me 6% o Apartment 0% e 113 Single Detached 78% 0% 24 Semi- Detached 16% 18 Single Detached 100% iii Single Detached 113 . Semi-Detached 24 ill Townhouse 0 IIiI Apartment 9 iii Single Detached 18 . Semi-Detached 0 iii Townhouse 0 il Apartment 0 The following is a historical comparison of the building permits issued for the month of "AUGUST" and "YEAR TO DATE" for a three year period. HistoriclIl Dlltll for Month of "'AUGUST"' $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 Historiclll Dlltll 'YEAR TO DATE"' $160,000,000 $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 2009 2008 2007 2009 2008 2007 IJValue $6,965,212 $19,537,203 $13,087,741 II Value $64,059,151 $143,321,584 $129,355,300 911 REPORT NO.: EGD-029-09 PAGE 5 PERMIT REVENUES 2009 2008 August Year to Date August Year to Date I PERMIT FEES $45,211 $429,940 $105,417 $924,614 INSPECTION SERVICES 2009 2008 August Year to Date August Year to Date Building Inspections 437 3,683 456 3,445 Plumbing & Heating Inspections 533 4,200 550 4,218 Pool Enclosure Inspections 11 49 7 63 TOTAL 981 7,932 1,013 7,726 NUMBER OF NEW RESIDENTIAL UNITS 2009 2008 August Year to Date August Year to Date Single Detached 18 113 36 308 Semi-Detached 0 24 8 70 Townhouse 0 0 0 49 Apartments 0 9 0 4 TOTAL 18 146 44 431 912 REPORT NO.: EGD-029-09 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2009 (to end of 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 AREA August) Bowmanville 48 340 451 609 307 587 468 345 312 188 184 Courtice 65 134 82 126 241 173 180 133 129 231 296 Newcastle 14 60 77 84 202 191 123 131 76 110 78 Wilmot Creek 3 30 16 15 15 25 29 38 24 19 21 Orono 0 2 1 1 1 2 0 1 0 0 1 Darlington 4 10 6 7 14 15 13 17 47 102 31 Clarke 7 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 1 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 2 7 2 2 4 5 3 3 0 3 1 Solina 2 0 6 3 3 3 3 1 1 0 0 Tyrone 0 5 0 0 0 0 3 9 3 0 0 TOTALS 146 593 655 861 802 1,015 843 701 609 679 640 913 CI~pn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 28, 2009 Report #: CLD-017-09 File #: By-law #: Subject: COMPLIANCE AUDIT - JOHN MUTTON 2006 ELECTION CAMPAIGN RECOMMENDA TIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-017-09 be received; and 2. THAT, in accordance with section 81 (4) of the Municipal Elections Act, Bernard G. Nayman Chartered Account be appointed to conduct a second compliance audit of John Mutton's 2006 Mayoral Campaign; and 3. THAT the interested parties listed in Report CLD-016-09 be advised of Council's decision. Submitted by: a~r- Reviewed by: -Franklin Wu, ~ Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1301 REPORT NO.: CLD-017-09 PAGE 2 of 3 BACKGROUND At the Council meeting of July 13, 2009, Council instructed the Municipal Clerk to recommend a qualified person to conduct a new compliance audit related to the election campaign finances of John Mutton in the 2006 municipal elections. This direction was as a result of Council approving a second audit having regard to the disciplinary proceedings of The Institute of Chartered Accountants of Ontario against Mr. James E. Horn, who completed an initial compliance audit on the campaign. In an attempt to find an auditor who was able to perform the initial audit in 2007, letters were sent to 83 Chartered Accountants, whose names, with the exception of one, were found on the web site for The Ontario Institute of Chartered Accountants. These accountants were located within Durham Region, Port Hope, Lindsay, Peterborough and Toronto. In response to these letters, 21 replies were received. Four of the companies indicated that they would be able to complete the compliance audit, however, upon further investigation, it was determined that one of the companies had no experience in this area. Of the other companies, Laing & Rohr was appointed to perform the compliance audit on Mayor Abernethy's mayoral campaign and James E. Horn was appointed to perform the compliance audit on John Mutton's mayoral campaign. In an effort to find an auditor to perform the second compliance audit on John Mutton's mayoral campaign, The Institute of Chartered Accountants of Ontario and The Canadian Institute of Chartered Accountants were contacted. Neither organization was able to provide names of accountants who would perform this type of audit. Discussion took place with the City of Vaughan, who has recently been through the same exercise. The auditor who performed the work for them was involved in the disciplinary proceedings against James E. Horn and, therefore, had a conflict in performing this audit. Through contact with the Association of Municipal Managers, Clerks and Treasurers of Ontario and the City of Toronto, names of five auditors were forwarded. All five of these auditors have been contacted; information has been forwarded to four who indicated an initial interest and three have provided quotes for performing the compliance audit, as follows: Company Amount of Quote Bernard G. Nayman Chartered Accountant $14,970 Suntharalingam & Associates Chartered $5,000-$8,000 (perhaps lower, depending on Accountants the information available and the co-operation of all parties) WH Partners LLP $7,500 + applicable taxes (approximate - actual fees will be dependent on the actual time spent on the file) Specifics of the quotes are outlined in Attachment NO.1. The estimates received are well within the limits of the Municipality's Purchasing By-law for contracting and consulting, without the need for issuing a Request for Proposal or a Tender. 1302 REPORT NO.: CLD-017-09 PAGE 3 OF 3 Upon receipt of the report of the auditor, should the report indicate that there was no apparent contravention and Council finds that there were no reasonable grounds for the application, the Council is entitled to recover the auditor's costs from the applicant. Based on the extensive experience Mr. Nayman has in the field of municipal audits, it is respectfully recommended that he be appointed as the auditor for completing the compliance audit of John Mutton's 2006 mayoral campaign. Mr. Nayman has indicated that he can commence the audit immediately upon approval of Council and he estimates that the audit will take approximately 45 days to complete. Attachment No. 1 - Quote Specifics Interested parties to be advised of Council's decision: B.G. Nayman, Bernard G. Nayman Chartered Accountant K. Suntharalingam, Suntharalingam & Associates Chartered Accountants R. Husain, WH Partners LLP D. & C. Prout S. Keane G. Van Dyk J. Mutton 1303 Name Company Experience Prompt Start Quote Letter of .... Independence g ~ Specifics of Compliance Audit Quotes Bernard G. Navman Bernard G. Nayman Chartered Accountant 1110 Finch Avenue West Suite 710 Downsview, ON M3J 2T2 Member of a committee of the Canadian institute of Chartered Accounts which reviews proposed federal legislation on amendments in the Canada Elections Act. Provided election finance auditing services to the Federal, Provincial and Municipal levels of government for over 20 years; been involved in the creation and amendment of election finances legislation at the Municipal and Federal levels of government. In 1986, wrote the framework which provided for amendments to the Municipal Elections Act. From 1986 to 2006 audited more than 150 municipal returns. Chairman of the City of Toronto task force on election financing, 2003. Compliance Auditor for the City of London, 2005, Compliance Auditor for the Municipality of Chatham Kent, 2007. From 1975-2009 audited more than 5000 returns of provincial riding associations and candidates. Since 2003 audited more than 500 federal riding association annual returns. Yes $14,970 No potential conflict of interest issues with the Compliance Audit applicants, other parties or the Municipality of Clarington Krishan Suntharalinaam Suntharalingam & Associates Chartered Accountants 885 Progress Avenue Suite UPH-9 Toronto, ON M 1 H 3G3 Similar engagement for the City of Toronto in 2007, continuously does campaign audits for City of Toronto at the Municipal level & for various candidates at federal level. Yes $5,000-$8,000 (perhaps lower, depending on the information available and the co- operation of all oarties) Owns condo property in the Port of Newcastle which he and his family use as seasonal property, but there is no conflict of interest issues associated with this ownership Attachment NO.1 to Report CLD-017-09 Raza Husain WH Partners LLP Chartered Accountants 200 Y orkland Boulevard Suite 940 Toronto, ON M2J 5C1 Audited candidates in the 2006 municipal election Yes $7,500 + applicable taxes (actual fees will be depended on the actual time spent on the file) Not aware of any relationships that may reasonable be thought to bear on their independence CI!1rpn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 28, 2009 Report #: CLD-018-09 File #: By-law #: Subject: APPOINTMENTS TO SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE AND TO THE GREEN COMMUNITY ADVISORY COMMITTEE RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-018-09 be received; 2. THAT Pat Mulcahy be appointed to the Samuel Wilmot Nature Area Management Advisory Committee; 3. THAT one of the following applicants be appointed to the Green Community Advisory Committee: a) Kerry Allen b) Darryl Burke c) Duane Cooke d) Cathrine McKeever; and 4. THAT the interested parties listed in Report CLD-018-09 be advised of Council's decision. ) Submitted by: ; A . iiJ" , . ..,__I'~, '-'~~-; " ___ " " 'd- ., LO~j'~:)7L(/~tLJ Patti ~(Bar~CMO Ml:n1icipal Clerk Reviewed by: u~ Chief Administrative Officer PLB* 4 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1305 REPORT NO.: CLD-018-09 PAGE 2 BACKGROUND Currently there are vacancies on both the Samuel Wilmot Nature Area Management Committee and the Green Community Advisory Committee. Given that we had applications on file for both committees, staff contacted the applicants to determine if they were still interested in being considered for appointment. The following applicants have confirmed that they wish to stand for appointment: . Samuel Wilmot Nature Area Management Committee: Pat Mulcahy . Green Community Advisory Committee: Kerry Allen Darryl Burke Duane Cooke Cathrine McKeever Staff recommends that Committee consider the applications and appoint the applicants to the Samuel Wilmot Nature Area Management Committee and the Green Community Advisory Committee. The application forms have been circulated under separate cover as they contain personal information of the applicants. Attachments: Attachment 1 - Applications (distributed under separate cover) Interested Parties: Pat Mulcahy Kerry Allen Darryl Burke Duane Cooke Cathrine McKeever 1306 CI[[.ID,gtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 28, 2009 Report #: COD-054-09 File#_ By-law # Subject: TENDER CL2009-28, GUIDERAIL INSTALLATION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-054-09 be received; 2. THAT Peninsula Construction Incorporated, Fonthill, Ontario, with a total bid price of $81,876.58 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-28, be awarded the contract for the Guiderail Installation as required by the Operations Department; and 3. THAT the required funds in the amount of $129,076.58 ($81,876.58 tender plus consulting, contingencies, emergency work and administration) be drawn from the Department of Operations, 2009 Capital Budget for Guide Rail Installation Account #110-36-330-83639- 7401. Submitted by: Reviewed by: r e Marano, H.B.Sc., C.M.O., Director of Corporate Services ~ Franklin Wu, Chief Administrative Officer ~ c)(~, ,A-td~ fl Nancy Taylor, B.B.A., CA, Director of FinancefTreasurer MM\JDB\BH CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1401 REPORT NO.: COD-054-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1. Tender specifications were provided by AECOM for the Guiderail Installation within the Municipality of Clarington, as required by the Operations Department. 1.2. Tenders were publicly advertised in the local paper as well as electronically. Subsequently, three tenders were received and tabulated as per Schedule "A" attached. 2. ANALYSIS 2.1. After further review and analysis of the bids by the Operations Department, AECOM Associates and Purchasing, it was mutually agreed that the low bidder, Peninsula Construction Incorporated, Fonthill, Ontario, be recommended for the contract for the 2009 Guiderail Installation. A copy of the recommendation memo from AECOM, is attached as Schedule "B". 2.2. The recommended low bidder has previously performed satisfactory work for the Municipality of Clarington. 2.3. Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 3. FINANCIAL IMPLICATIONS 3.1. The low bid from Peninsula Construction Incorporated is within the project budget allocation. As well, project costs for consulting, contingencies, emergency work and administration are within the budget allocation. 3.2. The allocated budget is $190,000.00, the total project costs are $129,076.58 leaving a budget balance of $60,923.42. Details of the project costs are outlined in the attached memo from AECOM. 3.3. The total project cost of $129,076.580 ($81,876.58 tender plus consulting, contingencies, emergency work and administration) will be drawn from the Department of Operations, 2009 Capital Budget for Guide Rail Installation Account # 110-36-330-83639-7401 . 1402 REPORT NO.: COD-054-09 PAGE 3 4. CONCLUSION 4.1. That the low compliant bidder, Peninsula Construction Incorporated, Fonthill, Ontario, be recommended for the contract for the 2009 Guideraillnstallation project. 5. INPUT FROM OTHER SOURCES 5.1. This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows: Concurrence: Operations Co-Ordinator Attachments: Attachment 1 - Schedule "A", Bid Summary Attachment 2 - Schedule "B", Recommendation Letter from AECOM 1403 Schedule "A" Bid Summary Tender CL2009-28 BIDDER TOTAL BID (Excluding GST) Peninsula Construction Inc. Fonthill, ON $81,876.58 All Services Inc. Oshawa, ON $116,855.00 Marbridge Construction Limited Mississauga,ON $186,390.00 1404 I AECOM SCHEDULE ItB" AECOM 300 Water Street, VVhllby, ON, Canada L 1 N 9J2 T 905.668.9363 F 905.668.0221 www.aecom.com September 8, 2009 Mr. F. Horvath Director of Operations The Municipality of Clarington 40 Temperance Street BOW MANVILLE, ON L 1 C 3A6 Dear Sir: Re: 2009 Guideraillnstallation Tender Contract No. CL2009-28 (the "Contract") Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Tuesday, September 1, 2009. A list of the bids received is provided in the table below. All numbers are exclusive of GST. I BIDDER I TOTAL BID I (GST Excluded) Peninsula Construction Inc. $81,876.58 Fonthill, ON All Services Inc. $116,855.00 Oshawa, ON Marbridge Construction Limited $186,390.00 Mississauga, ON The Municipality of CJarington's Purchasing Department (the "Purchasing Department") reviewed all bids. AECOM Canada Ltd. ("AECOM") has reviewed all bids accepted by the Purchasing Department and confirmed the bid values noted above. Peninsula Construction Inc ("Peninsula") is the lowest bidder. Its submitted tender has been reviewed and is compliant. Peninsula has completed a number of similar scope projects, and it provided this service two years ago for Clarington's most recent guiderail installation tender. The estimated costs for various project components, based on the low bid, are summarized in the table below. For comparison purposes, the engineer's estimate for this project that was prepared following completion of the detailed design valued the construction works at approximately $119,000. 1405 SCHEDULE "B" Page 2 Municipality of Clarington September 8, 2009 Peninsula Bid Net Value of Tender Award $81,876.58 $81,876.58 Project Costs: Tender Preparation/ $19,000.00 Administration/2010 Pre- EnQineerinQ Existing Guiderail Repairs - $20,000.00 Provisional Contingencies $8,200.00 Costs Total $47,200.00 Total Project Costs $129,076.58 Budget $190,000.00 Account 110 36 330 83639 7401 Budget Balance $60,923.42 The tender in the amount of $81,876.58 (exclusive of GST) could be awarded to Peninsula Construction Inc of Fonthill, Ontario, provided that all provisions of the Clarington Purchasing Bylaw have been met and subject to allocation of funding by Council. During the preparation of the 2009 tender, an inspection of existing guiderail installations was undertaken with municipal staff. There were a number of locations observed with varying degrees of damage/maintenance requirements due to collisions and/or winter maintenance activfties. In order to ensure that the guiderails continue to function properly and provide the proper level of safety protection, the municipality should consider allocating additional funding to have Peninsula undertake repairs while it is in Clarington installing the new guiderail. Based on the observations of the damage to end treatments and guiderail/posts along with certain maintenance activities (cable tensioning), allocating an additional $20,000 would address many of the deficiencies. Should you have any questions regarding this matter, please contact the undersigned. Sincerely, AECOM Canada Ltd. cJb Ian Roger, P. Eng. ian. roger@aecom.com IR 1406 Cl!J!.41gton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 28,2009 Report #: COD-055-09 File# By-law # Subject: Co-operative Tender T-220-2009, Supply, Retreading, Repair and Disposal of Tires and Tubes Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-055-09 be received; 2. THAT Attersley Tire Services Incorporated, Port Perry, Ontario with an approximate annual value of $27,095.62, being the lowest responsible bidder meeting all terms, conditions, and specifications be awarded the Municipality of Clarington requirements for Co-operative Tender T-220-2009, Supply, Retreading, Repair and Disposal of Tires and Tubes for a one year term; 3. THAT pending satisfactory pricing and service the contract be renewed for the second through fifth year; and 4. THAT the funds required be drawn from the Department of Operations various current operating accounts. Submitted by: Reviewed by: arle Marano, H.B.Sc., C.M.O., Director of Corporate Services ff' Franklin Wu, Chief Administrative Officer MM\JDB\BH CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1407 REPORT NO.: COD-055-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 A tender for the Supply, Retreading, Repair and Disposal of Tires and Tubes was issued on a Co-operative basis with the Municipality of Clarington, City of Oshawa, City of Pickering, Town of Ajax, Town of Whitby and the Region of Durham participating. The host agency for the tender call was the Region of Durham. 1.2 The tender was publicly advertised and called for bids for the Supply, Retreading, Repair and Disposal of Tires and Tubes as required by the co-operative agencies. 1.3 The contract resulting from this tender will cover the supply, retreading, repair and disposal of tires and tubes on an as required basis for a one year term with the option to extend for four additional years. Pricing is firm for the first year. 2. ANALYSIS 2.1 A total of four (4) bids were received, the bid submission from G and D Tire was disqualified as their information was incomplete. The low compliant bid was received from Attersley Tire Services Incorporated. 2.2 The bids for Clarington's requirements were received and tabulated as per Schedule "A" attached. 3. FINANCIAL IMPLICATIONS 3.1 The costs for the supply, retreading, repair and disposal of tires and tubes has decreased by approximately 13.5% from the 2006 tender submission. 3.2 Funding will be provided from the current year's Operations Department operating budget. 1408 REPORT NO.: COD-OSS-09 PAGE 3 4. CONCLUSION 4.1 After review and analysis of the bids by Purchasing, the Operations Department and the Durham Purcha~ing Co-operative, it is recommended that Attersley Tire Services Incorporated be awarded the contract. 5. INPUT FROM OTHER SOURCES 5.1 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Operations Co-Ordinator 1409 Schedule "A" Bid Summary Tender T220-2009 BIDDER Municipality of Clarington Municipality of Clarington Annual Estimated Requirements Estimated 5 Year Requirements TOTAL BID TOTAL BID (excludina GSTl (excluding GST) Attersley Tire Services Inc. $27,095.62 $135,478.10 Port Perry, ON TireMaster Limited $28,955.35 $144,776.75 Oshawa, ON Kal Tire $29,356.91 $146,784.55 Whitby, ON G&D Tire Bowmanville, ON non-compliant non-compliant 1410 CI!1lmgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 28, 2009 Report #: COD-057-09 File#_ By-law # Subject: TENDER CL2009-22, CONCESSION ROADS 7 & 8 REHABILITATION - BUILD CANADA FUND - COMMUNITIES COMPONENT (BFC - CC) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-057-09 be received; 2. THAT Coco Paving Inc., Oshawa, Ontario, with a total revised bid in the amount of $3,958,681.06 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-22, be awarded the contract for the Concession Roads 7 & 8 Rehabilitation, as required by the Engineering Department; 3. THAT funds required in the amount of $4,711,000.00 (which includes $3,958,681.06 tendering, design contract administration and contingencies) be drawn from Account #110- 32-330-83347-7401; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: Reviewed by: tJ / : , ; MM\JDB\km CORPORATION OF THE MUNICIPALITY OFCLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1411 REPORT NO.: COD-057-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 Tender specifications were provided by AECOM for the Concession Roads 7 & 8 Rehabilitation, as required by the Engineering Department. 1.2 Tenders were advertised in the local paper, Daily Commercial News as well as electronically. Subsequently, tenders were received and tabulated as per the letter from AECOM Canada Ltd., Schedule liB" attached. 2. ANALYSIS 2.1 Based on bids submitted, the project cost is estimated to be $559,000.00 below the amount eligible for funding under the Build Canada Approved Funding Application. In order to maximize the benefit of the funding program it is recommended that the unit prices in the contract be extended to include additional works as outlined in the Engineering Department memo, (see Schedule liB"). This will increase the project value by an estimated $500,000.00. 2.2 Included in the consideration of the extension the unit prices of both bidders were taken into account as follows: Bidder(s) Bid Amount Revised Bid Amount Coco Paving Inc. Oshawa, ON $3,458,681.06 $3,958,681.06 Miller Paving Limited Markham, ON $3,620,232.38 $4,160,232.38 2.3 The application of the increased work on this project does not change the position of the bidders: Coco Paving remains the low compliant bidder. 3. FINANCIAL 3.1 The total project cost, including tender price of $3,958,681.06, design, contract administration and contingencies amounts to $4,711,000.00. The funding required for the project is outlined in the memo from Engineering Services and the letter from AECOM Canada Ltd. marked Schedule liB". 3.2 Funding for this project will be drawn from the Concession Roads 7/8 - BCF Account # 110- 32-330-83347-7401 (Build Canada Fund) in the amount of $4,711,000.00. 1412 REPORT NO.: COD-057-09 PAGE 3 3.3 After further review and analysis of the bids by Engineering Department, AECOM Canada Ltd. and Purchasing, it was mutually agreed that the low bidder, Coco Paving Inc, Oshawa, Ontario be recommended for the contract for the Concession Roads 7 & 8 Rehabilitation. The low bidder previously performed satisfactory work for the Municipality of Clarington. 4. INPUT FROM OTHER SOURCES 4.1. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specification, etc., should be referred to the Director of Engineering. 4.2 This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows: Concurrence: Director of Engineering Attachments: Attachment 1 - Schedule "A", By-law Attachment 2 - Schedule "B", Memo from Engineering Services and Letter from AECOM Canada Ltd. 1413 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Coco Paving Inc., Oshawa, Ontario to enter into agreement for Concession Roads 7 & 8 Rehabilitation. 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, Coco Paving Inc., Oshawa, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2009. By-law read a third time and finally passed this day of ,2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1414 SCHEDULE liB" CI!J!inglon MEMO TO: Jerry Barber, Purchasing Manager FROM: Tony Cannella, CET., Director of Engineering DATE: September 21,2009 SUBJECT: Concession Road 7 & 8 - Build Canada Fund C L2009-22, Accou nt #110-32-330-83347 -7401 The Engineering Services Department has reviewed the recommendation provided by AECOM Canada Ltd. ("AECOM") and offers the following comments. In January of 2009 the Municipality's application for funding under the Build Canada Fund in the amount of $4,770,000.00 for rehabilitation of Concession Road 7 in former Darlington Township and its continuation as Concession Road 8 in former Clarke Township to Hwy 35/115 was approved by the provincial and federal governments. We concur with the recommendation to award the contract to Coco Paving Inc. in the amount of $3,958,681.06 exclusive of G.S.T. for the road rehabilitation project. The award includes an additional amount of $500,000 over the tender amount to cover additional asphalt for increased pavement depth and paving of road shoulders for use by cyclists and pedestrians. The tender documents called for a single lift of asphalt on one section of the roadway which has now been increased to 2 lifts and the intent of the original tender was to surface treat the shoulders rather than the paved treatment now proposed. Both these measures will serve to extend the Iifecycle of the roadway and result in reduced maintenance demand over time, and were made possible by the competitive pricing received in the tender relative to the budgeted amount. Due to past experiences on similar projects, a contingency amount of approximately 10% is carried forward. Therefore, including design and tender fees as well as contract administration fees, the Engineering Department advises the following breakdown for the above referenced project, which will be cost shared with the provincial and federal governments at a 1/3 ratio for each party: 1415 SCHEDULE /lB" Cone. Rd 7 & 8 CL2009-22 2 Sept. 22, 2009 Project Breakdown Total Project Value $4,711,000.00 Budget Amount $4,770,000.00 Cone. Rd 7 & 8 (2009) 11 0-32 -330-8334 7 -7 401 Estimated Budget Surplus/Deficit $59,000 Additional Funding Required $0.00 We recommend the report to Council move forward based on the above apportionments. Attached for your files is the recommendation provided by AECOM which includes a more detailed breakdown of estimated project costs. Should you have any further question, please feel free to contact the undersigned. Regards, A<<~. A. S. Cannella, CET. Director Engineering Services ASC:jb Attachment cc William McCrae, P. Eng., AECOM Nancy Taylor, Director of Finance 'd: n');(1'~0./1?f\/~()S 2GC:~;"E;i~-j!'lcc\(~Sf< Cone F\(j 7' ,S'~ l~ : C:L~~UD9.:;~:~~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1416 SCHEDULE "B" /\ECO AECOM 513 Division Street, Cobourg, Ontario f<:9A 5G6 T 905.3722121 F 905.372.3621 www.aecom.com September 21, 2009 Project Number: 12-29773 Mr. A. S. Cannella, C,E.T. Director, Engineering Services The Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L 1 C 3A6 Dear Sir: Re: Concession Roads 7 & 8 Rehabilitation Contract No. CL2009-22 (the "Contract"), Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Monday, September 14, 2009 at 2.15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of GST. l BIDDER I TOTAL BID I COCO Paving lnc $3,458,681.06 Oshawa, ON Miller Paving Limited $3,620,23238> Markham, ON 'Extension error The Municipality of Clarington's Purchasing Department (the "Purchasing Department") reviewed all bids to confirm compliance with the Clarington Purchasing By-Law and all bids were deemed compliant AECOM Canada Ltd. ("AECOM") has reviewed all bids and confirmed the bid values noted above Coco Paving Inc is the lowest bidder. Its submitted tender has been reviewed and is compliant. The bid from Miller Paving Limited had an extension error in the amount of $4,595.44, which was corrected by the Purchasing Department. This does not affect the bid order. Coco Paving Inc. (formerly Lafarge Paving lnc) has completed several projects for the Municipality of Clarlngton in recent years In which AECOM has provided Contract Administration, including CL2007- 40 (Asphalt Re-surfacing, Various Streets, 2007) and CL2006-33 (Asphalt Re-suriacing, Various Streets, 2006) Quality of work and adherence to standards was satisfactory for these projects. As requested by the Purchasing Department, references were checked only for the lowest bidder. Coco Paving Inc. has completed a number of SImilar scope projects including work for the Region of Durham and the City of Oshawa. Staff contacted at the Region and Oshawa stated that Coco Paving Inc has completed the work to specification and to their satisfaction. Estimated costs for various project components, based on Coco Paving Inc.'s bid are summarized as follows: " (P"\DoPI12i12.20nJ\Corresp\CL2008.2:2 T~III3031 A.....ille) lulll.lr.doc) 1417 SCHEDULE "B" Page ;;> Mr. AS. Cannella, C.E.T. September 21, 2009 Construction Contract C L2009-22 Engineering Design to August 28,2009 Estimated Contract Administration $3,458,684.06 60,333.87 346.000.00 Sub-total Contingencies 3,865,017.93 345,982.07 Total $4,211.00000 The project is estimated to be $559,000.00 below the amount eligible for funding under the Build Canada for Approved Funding Application of $4,770,000.00. In order to maximize the benefit of the funding program and extend the life cycle of the project, it is recommended that the unit prices bid in the Contract be extended to include the following works: DESCRIPTION ESTIMATE COST BASED ON BID UNIT PRICES · Paved road shouldering for pedestrians and cyclists use rather than surface treated shoulders Included In tender 132,000.00 · Additional depth of asphalt from RR. 57 to Hwy 35/115 368,00000 Total Additions: $500,000.00 Inclusion of these items will result in a revised bid price of $3,958,681 06. The low bid from Coco Paving Inc. is within the project budget and based on the references contacted regarding performance on previous projects, in our opinion. the revised bid in the amount of $3,958,681,06 (exclusive of GST) may be awarded to Coco Paving Inc. of Oshawa, Ontario. subject to all provisions of the Clarington Purchasing Bylaw being met. Bid Cheques or Bid Bonds shall be retained for Coco Paving Inc. and Miller Paving Limited, the second low bidder, until the Contract has been executed. Should you have any questions regarding thiS matter, please contact the undersigned. Sincerely, AECOM Canada Ltd. 1t~);;I1~ Will McCrae. PEng. Senior Project Manager. Community Infrastructure will. mccrae@aecom.com WMsb (P:\OfI11 )'?\12.;>g77.!\C.orte'sp\CL2Cro9-n Tt-I1<1Cf A'W;)(~ll(tl!:r.uocl I'.,. .,'" . /..,. I'll'.,., . ~p. . .u. ....' , 1418 Clarmntl\fl Leading the Way b LV REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 28,2009 Report #: COD-058-09 File#_ By-law # Subject: SENIORS AND PHYSICALLY DISABLED SIDEWALKlWINDROW SNOW CLEARING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-058-09 be received; 2. THAT Council provide direction with respect to the provision of the senior's and disabled snow clearing services; 3. THAT, should Council elect to provide the service for the 2009-2010 season by means of contracted services the Manager of Purchasing be authorized to proceed with a bid solicitation process for the provision of the senior's and physically disabled sidewalk snow clearing service for all Clarington areas and report back with the bid results at the earliest possible date; 4. THAT Council provide direction with respect to the application of and the amount of an annual fee to be charged for the provision of the service; and 5. THAT Margaret H. Polman, and other interested parties on record, be advised of Council's decision. Director of Corporate Services d~ Franklin Wu, Chief Administrative Officer MM\JDB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-4169 1419 REPORT NO.: COD-058-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 At their meeting held September 21, 2009, Council approved a General Purpose and Administration Committee resolution that staff investigate options for the senior's snow clearing program and provide information on the programs of neighbouring municipalities. (Resolution #GPA-511-09 - attached as Schedule liD"). 1.2 This report outlines the options available to the Municipality with respect to the Seniors Snow Clearing program as well as an overview of the programs offered by the neighbouring municipalities of Oshawa, Whitby, Ajax and Pickering. Based on available records and informal inquiries staff has also provided estimates of cost, staffing implications and outlined the timing issues associated with each option. 1.3 Although not a core service, for a number of years the Municipality has provided sidewalk and windrow snow clearing service using contracted forces to clear the snow from senior's sidewalks and remove windrows from driveways. The contracts have been established using the competitive bid process and a review of the files indicates that the competition for this contract has been limited. For example, in 2006 when the contract was tendered there was only one bidder that bid all areas. There was a second bidder for Section 3 only, but the prices were slightly higher. The 2006 contract also included snow clearing services for municipally owned properties, additional sidewalks, municipal facilities, snow clearing from boulevards and trails and pathways as well as the senior citizens and physically disabled snow clearing. Overall, this contract was significant in size and was a challenge for any contractor given the number of sites to be serviced and the geographic coverage. 1.4 In 2009 the snow clearing requirements were divided into two tenders, one for the municipal properties, sidewalks and boulevards and the second for the senior's sidewalk snow clearing and bidders were given the option of bidding on one or any combination of areas being Courtice, Bowmanville and Newcastle and Rural Areas. As noted in Report COD-051-09, copy attached as Schedule 'A', response to the senior's snow clearing tender provided one acceptable bid for Courtice and Bowmanville areas only and it was not practical to accept this bid given that there was no assurance that a second request for bid would result in submissions covering the Newcastle and Rural 1420 REPORT NO.: COD-OS8-09 PAGE 3 1.5 Attached for information is a tabulation of services provided by neighbouring municipalities (See Schedule C) 2. ANALYSIS 2.1 Essentially, there are three options available to the Municipality that deal with the senior's snow clearing service. The options are listed below and include a discussion on each option: a) Provide the service using contracted forces (past practice); b) Provide the service using municipal staff and equipment; or c) Let the current resolution stand. 2.2 Provide the service using contracted forces; i) In order to provide the services using contracted service, standard practice calls for formal public bid solicitations to secure the required prices necessary to proceed with an award. However, as noted in Report COD-051-09 interest in the contract has been limited. Should Council direct that a new process be undertaken to secure prices the process is further complicated by the limited time before the onset of winter. At present many of the contractors have either committed to contracts for the coming winter or they are in the process. Our requirements are also complicated by the significant geographic area involved and the low level of need in the rural areas; approximately 82 locations in Newcastle, 24 in Orono and 43 in the rural hamlets of Newtonville, Leskard, Hampton, Burkton, Enniskillen, Kirby and Townline Road whereas Courtice has 223 locations and Bowmanville has 43? (808 in total). Given the extensive travel required to service these areas contractors are reluctant to undertake a contract of this nature or if they are interested, their prices will be high to reflect the travel. With respect to the timing, using the bid process would take approximately 6 to 8 weeks to draft, issue the bid documents, receive submissions, conduct evaluations and prepare a report to Committee and Council. Assuming bids could be obtained to provide services to all areas an award would likely not be made until late November. 1421 REPORT NO.: COD-OSS-09 PAGE 4 ii) To complicate the situation, the Operations Department requires time to distribute letters to potential customers, obtain responses and determine the actual requirements for the season. This should not be done until it is certain that service can be provided. iii) The unknowns associated with this option are the number of responses that can be expected from the contractors and, if sufficient bids covering the Municipality consistently will be obtained to make an award possible. 2.3 Provide the service using municipal staff and equipment. i) As noted in Schedule IC', Oshawa, Whitby and Ajax provide the senior's snow clearing service as part of their annual program and the service is provided by municipal staff. ii) These programs have been in place for some years and the three municipalities have acquired the necessary equipment needed for the service and aligned their staff to facilitate snow clearance. Regardless, they find it to be a challenge to meet the criteria established for snow clearance. Oshawa, for example, utilizes 9 pieces of equipment to clear approximately 2,420 sites and most of their clearance areas are centralized compared to those in Clarington which are widespread geographically. In addition, Oshawa utilizes staff from other divisions to supplement their operations work crews during the winter months. iii) If Clarington is to consider an in-house operation a significant investment in equipment and manpower would be required to cover the provision of additional service. This equipment would also include a means of transporting the snow removal equipment to the rural areas to keep travel time to a minimum. Staffing is also an issue as current staff struggle to maintain the existing level of service and work within the number of hours and limitations allowed by current legislation. Based on a preliminary review it is estimated that at least five snow clearing units plus trailers and towing vehicles for transportation would be required. In addition to the equipment requirements, the staffing needed to operate the equipment would have to be resolved. It is estimated that ten (10) additional staff would be required to accommodate the snow clearing needs. And depending on the current work load of existing supervisory staff, and additional supervisor may be required. Whether the 1422 REPORT NO.: COD-05S-09 PAGE 5 proposed staff are full time or temporary would have to be resolved as would the training and licencing to enable them to operate the equipment as assigned. Assuming temporary staffing could be used it is estimated that the cost of the staffing for approximately six months would be in the area of $265,000 plus benefits for straight time. Overtime for snow storms would add to this cost but an estimate is difficult to determine at this time. If full time staff were required and an additional supervisor was required the labour costs would increase significantly. iv) At the time of report preparation the best type of equipment has not been determined and as a result, the availability is an unknown. However, using the type of equipment utilized by other municipalities as an example it is estimated that the five (5) sidewalk snow removal units would be required at a cost of approximately $140,000 each and five (5) trailers would cost approximately $10,000 each. The five (5) pickup trucks required to tow the trailers and also clear windrows are estimated at approx $40,000 each. In addition, a support unit would be required to provide the salt and sand needed by the snow clearing equipment. This would be estimated at $200,000. Total estimated equipment cost for start up for the first year would be in the area of $1,150,000 plus Retails Sales Tax or $1,242,200. In the event an additional supervisor is required it may be necessary to add an extra vehicle for transportation. As noted above the staffing requirements and cost would have to be finalized. The foregoing outlines the capital cost of the equipment. Once the equipment is acquired, it would require routine maintenance and repairs. At the time of report preparation these figures were not available but they are expected within the week. v) Should Council consider the in-house option it is recommended that it be explored for possible implementation no sooner than the 2010-2011 season to allow time for the budgeting and acquisition of equipment and the resolution of staffing issues. The 2010 budgets for both operating and capital would also need to reflect the equipment acquisition costs and the staffing costs for snow clearing services. For clarification, it is not practicable to implement this type of program on short notice as equipment availability is limited, funding has not been provided and staffing would have to be resolved. For example a tractor unit takes approximately 8 weeks from date of order while a single axle truck with sander (support vehicle) can take up to one year for delivery . 1423 REPORT NO.: COD-05S-09 PAGE 6 2.4 Let the current resolution stand. i) Based on the July resolution, this option was given consideration and adopted for the 2009-2010 season. If allowed to stand the seniors and the physically disabled will be required to make their own arrangements for the provision of the service. Their options will include the following: a. Make arrangements to have the snow cleared by a friend or family member. There may be a nominal cost associated with this option. b. Arrange to have the snow cleared using a private contractor. This option will have a cost associated with the service. c. Some of the seniors may qualify for the snow removal services available through Community Care Durham. There is a cost associated with this option, but will probably be less than a private contractor. The use of this option is limited to those who qualify and may be further complicated by the limited resources available to Community Care Durham. 3. FINANCIAL IMPLICATIONS 3.1 With the exception of Option C, there is a significant cost associated with the provision of the service as follows: a) Provide the service using contracted forces to complete the work. Based on the unit prices provided in the last tender for the seniors snow clearing service it is estimated that the cost will be in the area of $88,000.00 per season assuming contractors are prepared to bid on the project. By comparison, the actual cost of the service during the 2008-2009 winter season was $59,886.13. This does not include municipal administrative costs associated with contract management. b) Provide the service using municipal staff and equipment. As noted in section 2.3 above the estimated cost of equipment necessary to complete the work is $1,150,000.00 plus staffing. The cost of equipment would be an initial capital outlay and beyond that there would be on-going maintenance and repair costs throughout the life of the equipment. In addition, there should be a contribution to the reserve for the eventual replacement of the equipment as it reaches the end of its life. This option holds a significant start up cost but once the initial outlay for equipment is out of the way the annual cost would be relatively 1424 REPORT NO.: COD-058-09 PAGE 7 repair costs throughout the life of the equipment. In addition, there should be a contribution to the reserve for the eventual replacement of the equipment as it reaches the end of its life. This option holds a significant start up cost but once the initial outlay for equipment is out of the way the annual cost would be relatively consistent depending on frequency of snow fall. Depending on the type of equipment selected, there is a possibility that some off the equipment could be equipped for use in the summer months however this would require further review to determine cost, staffing requirements. c) Let the current resolution stand. From the municipalities perspective there is no monetary cost for this option. 3.2 In the past this service has been provided at no direct cost to those who qualify and register with the municipality. The cost to provide the service has been borne by the Municipality and paid for from operating accounts. This is similar to most of the area municipalities with the exception of Ajax who .charges an annual fee of $100 to those receiving the service. Given the number of properties estimated for 2009-2010 at 808, a $100 charge for the service would recover approximately $80,800.00. Not all of the costs associated with the work would be recovered but it would lessen the cost to the Municipality. 4. CONCLUSION 4.1 After review and analysis of the options, it is clear that there are three significant obstacles to the provision of the service for the 2009-2010 winter season. The first being the short time available to establish prices and contracts. The second is the availability of contractors prepared to undertake the work and the third is the cost of providing the service. 4.2 Should Council elect to provide the service using contracted services for the 2009-2010 winter season it is imperative that work begin immediately in order to have contracts in place before the winter season arrives. 4.3 Should Council decide that an in-house service is preferred, it is recommended that this option be considered for the 2010-2011 season or later. 1425 REPORT NO.: COD-058-09 PAGE 8 4.4 Should Council confirm their decision to defer the service for the 2009-2010 season but provide the service in 2010-2011, direction is required as to how the service should be provided in 2010; Le. contracted or by municipal staff and in so doing direct staff to prepare the 2010 operating and capital budgets accordingly. 5. PROCEDURAL MATTERS 5.1 On July 13, 2009, Council passed a resolution which cancelled the Senior Snow Clearing Program for the 2009/2010 season. As this was an action of Council, the General Purpose and Administration Committee cannot reconsider that decision. Report COD-058-09 is included on the General Purpose and Administration Committee for the purpose of generating discussion in light of the resolution Committee passed on September 14 which was approved by Council on September 21,2009. 5.2 Following the discussion on the matter, should it be Council's wish to reconsider the earlier decision of Council to cancel the program, it would be appropriate to table Report COD-058-09 to the Council meeting of October 5, 2009. The report would be included on the Council agenda under the heading "Unfinished Business". It will be necessary for a Notice of Motion to be provided to the Municipal Clerk for inclusion on that agenda that will allow for the reconsideration of Resolution #C-452-09. Should the reconsideration motion carry by the required 2/3 vote (Le., 5 members), the item is back up for discussion and can be defeated at that point. That would then pave the way for the tabled report to be considered under Unfinished Business. 6. INPUT FROM OTHER SOURCES 6.1 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Operations Co-Ordinator Information: Director of Financerrreasurer Attachments: Schedule "A", Report COD-051-09 Schedule "B", Council Resolution # C-452-09 Schedule "C", Neighbouring Municipalities Survey Schedule "D", General Purpose and Administration Resolution #GPA-511-06 1426 ClfJ!ington SCHEDULE "A" REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Rtn~ c'-~SQ-OJ Date: July 13/ 2009 Report #: COD-051-09 File # By-law # Subject: Senior Snow Clearing Tender - Deferral of Service 2009-2010 Season Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report COD-051-09 be received; 2. THAT Council provide direction on the following options: A) THAT based on the potential for incomplete service for the Senior Snow Clearing Program due to tender bids for part of the municipality only, Council consider deferral of the program for the winter 2009-2010 season; THAT BJ. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing Program is cancelled; and THAT in light of the current economic climate resulting in budgetary restraints the 2010 budget deliberations considers the future of this non-core service provision for the 2010/2011 winter season. OR: B) THAT a re-tender for Section 3 Newcastle and surrounding area (including Newtonville, Tyrone, Kendal, Hampton etc.) be issued with the additional provisions made to secure the prices for section 1 & 2 as described in the report; and 3. THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is proof that their service meets acceptable Municipal standards; 1427 SCHEDULE "A" ./) REPORT NO.: COD-051-09 PAGE 2 ~ Marie Marano, H.B.Sc., eM.a., Director of Corporate Services Reviewed by: U~JQ~ Franklin Wu, Chief Administrative Officer Submitted by: MM\gj CORPORATION OF THE MUNICIPAUTY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVIlLE, ONTARIO LlC 3A6 T (905)623-3379 F (905)623-4169 1428 SCHEDULE "A" REPORT NO.: COO...oS1.09 PAGE 3 BACKGROUND 1.0 Tender - Senior Snow Clearing Program ~ 2009/2010 Winter The tender for the Senior Snow Clearing Program for windrows and sidewalks three year program covering 2009 to 2011 has just been received and reviewed. The tender was set to allow bidding on a three year term based on satisfactory service and pricing and it allowed bidding on all or part of the municipality so that the award could be made to one or multiple vendors. The Municipality was divided into three sections: Section 1 Courtice, Section 2 Bowmanville, and Section 3 Newcastle & Surrounding Areas. The total tender value is approximately $87,000 annually and it includes snow clearing for approximately 715 locations. The low bidder, D & F Snow Removal, bid on each of the three sections. This vendor's contract for by-law snow clearing was terminated through report COD- 23-09 due unsatisfactory service level. It is therefore not recommended for award of this contract. Although bid rejection for unsatisfactory past performance is permitted by the Purchasing By-law, it requested that Council confirm the rejection of the D & F bid. The second low bidder BJ.Flint, submitted a bid only on Section 1 Courtice, and Section 2 Bowmanville. The bid prices are secure for a period of 90 days from the tender opening on June 30, 2009. Although the senior snow/sidewalk clearing program is not a core municipal responsibility, awarding the contract for only part of the Municipality would not be recommended as it is inconsistent with the normal practice for delivery of services. The third bid was rejected as a non-compliant bid as it was submitted without accompanying bid deposit. The prices on the non-compliant bid were significantly higher than either of the other two bids. 2.0 The Options The options at this point are as follows: a) Re-tender for Section 3 Newcastle and surrounding area (including Newtonville, Tyrone, Kendal, Hampton etc.). It is not expected that BJ. Flint would bid on this tender since they chose not to bid on the first tender. The situation is complicated by the necessity to not award the Courtice & Bowmanville quotes in case there were no bids received on the second tender, and we would be bound by contract for service to only part of the Municipality. In addition by going out for the second tender, in order to hold the existing bid for Section 1 & 2, it would require asking B.J. Flint to hold their prices for another 60 to 90 1429 SCHEDULE itA" REPORT NO.: COD-051-o9 PAGE 4 days to allow possible bids for section 3 to be considered at the same time, and either award all three sections, or cancel at that time if there are no bids received. If no bids are received, and BJ. Flint has in good faith held their prices firm, canceHation at that late date could have prevented BJ. Flint to have secured other job opportunities. The tender is for a three year term and as such award would commit the service for the next three winters, to the 2011/2012 season. b) The potential budget impact resulting from the current economic climate may require adjustment to service levels, possibly even extending to certain employment impact. In view of the service being over and above the core service levels, and the lack of comprehensive response to the open and transparent bidding opportunity, it may be appropriate to consider deferral of the program until the service can be deliberated in the 2010 budget discussions. 3.0 Conclusion Council is requested to proVide direction on option a) or b) as outlined above. 1430 SCHEDULE fiB" Council Meeting Minutes - 34- July 13, 2009 Resolution #C-452-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report COD-051-09 be received; THAT based on the potential for incomplete service for the Senior Snow Clearing Program due to tender bids for part of the municipality only, Council consider deferral of the program for the winter 2009-2010 season; THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing Program is cancelled; THAT in light of the current economic climate resulting in budgetary restraints the 2010 budget deliberations consider the future of this non-core service provision for the 2010/2011 winter season; and THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is proof that their service meets acceptable Municipal standards. "MOTION CARRIED" (See following motion) Resolution #C-453-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-051-09 be tabled until after the Special Council meeting scheduled for August 31, 2009. "MOTION LOST" The foregoing Resolution #C-452-09 was then put to a vote and CARRIED. Resolution #C-454-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Report FND-018-09 be received; and THAT the 2008 Draft Audited Financial Statements be approved. "CARRIED" 1431 SENIORS SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING - SURVEY City of Pickering Town of Whitby Town of Ajax City of Oshawa Mun. of Clarington 1 Do you currently provide a YES YES YES YES YES 2008-2009 sidewalk snow clearing and driveway windrow removal service for seniors? 2 If yes, what is the number of 300 2008 - 667 senior Approximately 250 In 2008/09 we had Approximately 808. properties you deal with residents signed up for approximately 2,420 annually? the program. (November locations. of each year) 3 What is the total lineal Unkown - Any Estimated total of 7,650 N/A N/A - we currently do In excess of 13700 meters of sidewalk cleared? sidewalk fronting / meters (based on 450 not track this adjacent to property senior properties with a information. sidewalk at approx. 17m of sidewalk/property) Actual unknown at this time. 4 What is the number of 300 667 250 Approximately 2,420. 808 driveway windrows cleared 5 Do you contract this work Contract out Work performed in house. In house, we tried to Work is completed in- YES out using a tender process or A blanket is issued to a contract out in 08/09 house. do you do the work in- contractor for emergency and received no bids house? If contracted out do (extra help) if required. Extra help has not been you get a good response on utilized to date. your bid solicitation? 6 What is the estimated annual 2009/2010 Budget 2007 - $35,673 (actual) 24,000 We budget in 2009 We budget in 2009 cost for the service? estimate $75,000 Net 2008 - $64,933 (actual) approximately $112,000 approximately $87,000 GST 2009 - Estimated $28,170 (does not include (does not include already spend $18,706to date. Fluctuations based administration and administration and on snowfalls / vehicle replacement cost) vehicle replacement accumulations. cost) tn n ::I: m o C r- m ~ n ~ .j::. w I\) Page 1 H:\2009 TENDERS\Snow Clearing\SENIORS SNOW SURVEY SENIORS SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING - SURVEY City of Pickering Town of Whitby Town of Ajax City of Oshawa Mun. of Clarington 7 If this work is done in house N/A Utilize same staff who do One full time We utilize staff from NO how do you accommodate sidewalk municipal snow employee is various branches within the staffing requirements? clearing; only after all responsible to co- Community Services other sidewalks are completed yet within 36 ordinate and part- Department. (Very hour after snowfall ends. time staff to complete challenging) work 8 What are the standards for 2" (inches) after city Class 1 sidewalks are 5 cm of snow and In 2008/09 winter season Operations determines - call-out? plows have cleared downtown sidewalks and typically once road the minimum depth as this is on a call out roads school crossings after 5 operations has required before basis cm of snow accumulation. Class II commenced deployment was 2.5cm sidewalks - snow clearing for sidewalks and 20cm commences after 8 cm for windrows. has accumulated. Senior program sidewalk are completed after completion of Class II. 9 How much time do you allow Up to 72 hours All senior program Approximately 12 hrs It is planned to be 12 hours for the completion after call- sidewalks within snow completed by midnight out? accumulation criteria, are the day after the sno"Yfall to be completed within 36 hours after snowfall ends. ends. (Very challenging) 10 If this service is contracted Check sheet to N/A see 4 N/A Reports by Contractor do you have a method to forperson for staff follow up verify work completed and what is it? 11 Do you charge the seniors NO NO 100.00 approved by NO NO any fee for the service? Council with our annual fee By-law Vl n I m o C r- m ::: n :: ~ w w Page 2 H:\2009 TENDERS\Snow Clearing\SENIORS SNOW SURVEY SCHEDULE "0" General Purpose and Administration Committee Minutes September 14, 2009 TENDER CL2009-40, SNOW CLEARING & WINTER MAINTENANCE OF MUNICIPAL PROPERTY, SIDEWALKS & PARKING LOTS FOR NEWCASTLE & SURROUNDING AREAS Resolution #GPA-511-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-053-09 be received; THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of $56,979.60 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-40, be awarded the contract for the Snow Clearing & Winter Maintenance of Municipal Property, Sidewalks & Parking Lots for Newcastle & Surrounding Areas; THAT pending satisfactory pricing and service the contract be extended for a second and third year; and THAT the funds expended be drawn from the Operations, Emergency Services, Community Services and Clerks Department(s), 2009 Operating Budget(s). CARRIED SENIOR SNOW CLEARING OPTIONS Resolution #GPA-512-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT staff be requested to investigate options for a senior snow clearing program including programs in neighbouring municipalities. CARRIED FINANCE DEPARTMENT REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - JUNE 2009 Resolution #GPA-513-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report FND-019-09 be received for information. CARRIED - 13 - 1434 ClOC-!l1gtnn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday September 14th, 2009 Resolution #: Report #: FND-022-09 File #: By-law #: Subject: PSAB 3150 TANGIBLE CAPITAL ASSETS UPDATE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-022-09 be received for information. Submitted by: Reviewed bQ ~~ ~ Franklin Wu, Chief Administrative Officer. NT fCC/cd 1501 REPORT NO.: FND-022-09 PAGE 2 BACKGROUND AND COMMENT: 1.0 Revisions to Section PS 3150 of the Public Sector Accounting Handbook for the accounting of tangible capital assets for local governments were approved by the Public Sector Accounting Board (PSAB) of the Canadian Institute of Chartered Accountants (CICA) in June 2006. The purpose was to establish standards for the accounting treatment of tangible capital assets acquired by local governments. All municipal governments are required to be in compliance with this recommendation as of January 1, 2009 for the reporting on the fiscal 2009 financial statements. Also, municipalities will be required to provide comparison figures for 2008. Discussion 2.0 The change to full accrual accounting for tangible capital assets is one of the most significant changes to municipal accounting in many years. Each municipality is required to inventory all tangible capital assets, determine the historical value and amortize each asset over its useful life. Amortizing tangible capital assets allocates the cost over their useful lives. All capital assets that meet the chosen thresholds, whether purchased, donated, transferred from other levels of government or transferred ownership from new subdivisions, must be included. If the historical cost cannot be found, other methods are employed such as using appraisals or the replacement cost deflated back to the year of acquisition. Once completed, an external audit of the beginning balances of tangible capital assets is required. 2.1 Considering that in 2005, local governments owned 67% of all public assets in Ontario, this is a monumental task. In August 2009, an informal survey done by Ontario Good Roads Association (OGRA) indicated that the majority of municipalities in Ontario were less that 50% complete in meeting PSAB 3150 compliance and fewer than 5% had completed the project. 2.2 The Municipality Of Clarington has proposed the following asset c1asses/ catego ri es: · Land -land under roads, sidewalks and buildings, park land, vacant land, cemeteries · Site Amenities - parks, trails, playing fields, parking lots · Buildings - broken down into components such as structure, interior, mechanical, roof and other · Infrastructure - roads, bridges & culverts, storm sewers, street lights, sidewalks, and guide rails · Machinery and Equipment - playground, firefighting, telephone, other · Vehicles - licensed vehicles, non-licensed vehicles, fire vehicles 1502 REPORT NO.: FND-022-09 PAGE 3 · Materials - library collections · Furniture and Fixtures - including library shelving · Computer systems - hardware and software Note that historical treasures, works of art and costs of studies such as the Official Plan are not considered a tangible capital asset. 2.3 Currently each department has an understanding of the assets for which they are responsible. However, there is no standardization of the information and the capital assets are not shown on the current financial system. As a result, the scope and completeness of the information may greatly vary from one source to another. Some assets, such as the fleet, are relatively straight forward. In other asset groups, such as pavement management, the data is quite extensive (although not complete for accounting purposes) as the pavement has been through several life cycles. The required bi-annual bridge condition report has provided valuable information. Also, within the last year an updated inventory of the storm sewers and guide rails have been conducted to add to the municipal database. Due to the time constraints and the technical information required, AECOM (formerly TSH) has assisted with the inventory and historical valuation of various capital assets such as roads, bridges and culverts, guide rails, sidewalks, and storm sewer networks. Other sources of information such as insurance valuations are being used for buildings and MPAC data for land values. 2.4 Despite a few setbacks, there has been steady progress in the collection of asset information. A few asset classes are close to completion but there is still a great deal of work remaining. Department staff continue to be helpful in compiling data and clarifying the available information. 2.5 An extension of the PSAB 3150 project is that the information collected can be used to lead into long-term asset management. With a comprehensive list of capital assets, their accumulated depreciation, remaining useful life and general condition rating, we will be better able to plan capital replacement, acquisitions and long-term financing strategies for the future. Conclusion 3.0 This report is provided as information to Council. Further reports will be provided as the project moves forward. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1503 Clarinntl\R bnergizing Ontario b ~ REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, SEPTEMBER 28,2009 Resolution #: Report #: FND-024-09 File #: By-law #: Subject: ANNUAL COMMODITY HEDGING REPORT - 2009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-024-09 be received for information. Reviewed by: 0 ~~ L-..sz... Franklin Wu, Chief Administrative Officer. NT /RB/cd 1504 REPORT NO.: FND-024-09 PAGE 2 BACKGROUND: Under Ontario Regulation 653/05, the Treasurer is required to report annually to Council the status of existing commodity hedging agreements, including a comparison of the expected results to actual of using the agreements, and confirmation that they comply with the Municipality's policies and goals. As required by the Municipal Act, 2001, Council adopted a Commodity Price Hedging Agreements Statement of Policies and Goals in report COD-054-08, on Monday, October, 6, 2008. Over the last year, considerable time has been spent to review the energy requirements and consumption patterns throughout the Municipality's operating departments. This information together with a procurement strategy aimed at reducing risk and stabilizing cost focused first on the need for a stable natural gas supply contract. On October 7, 2008 the Municipality committed to a fixed price contract for a term of one year to insure the supply of Natural Gas. This contract met the procurement goal of both reducing the risk and stabilizing the cost, as we had a fixed source of supply at a specified price for a one year period. This original contract is set to expire October 31,2009 and staff are currently working with Blackstone Energy Inc. as reported in report COD-043-09 adopted by Council on June 22, 2009 to set up longer term energy supply contracts for the supply of natural gas and electricity. CONCLUSION: At this time, the Municipality of Clarington has one outstanding agreement that is consistent with the municipality's statement of policies and goals relating to the use of financial agreements to address commodity pricing and costs. It is recommended that this annual commodity hedging report be received for information in compliance with Ontario Regulation 653/05. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1505 C' ~ ., - '!. "lgW" " JDJJr/ln,' ...' ..'.' ...:ll1..., ',' ..CJ.LJ' ' . , ,,'iJL " EJ;ergiZing O~tLio " '; J, j REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, SEPTEMBER 28,2009 Resolution #: Report #: FND-025-09 File #: By-law #: Subject: ANNUAL LEASING REPORT - 2009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-025-09 be received for information. Reviewed by ~~ "/'W F nklin Wu, - UV Chief Administrative Officer. NT /LB/cd 1506 REPORT NO.: FND-025-09 PAGE 2 BACKGROUND: Under Ontario Regulation 653/05, the Treasurer is required to report annually to Council details of existing material leases confirming that they comply with the lease policy, a summary of material leases, estimated cost of the material leases and the impact of these leases on the financing arrangements and debt servicing levels of the Municipality. As required by the Municipal Act, 2001, Council adopted a Statement of Lease Financing Policies and Goals in report FND-021-03, on Monday, September 8,2003. To-date, Clarington has typically chosen to purchase or debenture (if necessary), rather than to use financial leases with the exception of small office equipment. All existing leases are immaterial according to Council policy and therefore have no impact on long term financing or debt service levels of the Municipality. The total of all of Clarington's minor leases do not exceed the threshold for a single lease to be material. CONCLUSION: At this time, the Municipality of Clarington does not have any material leases. It is recommended that this annual lease report be received for information in compliance with Ontario Regulation 653/05. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169 1506 A Cl{J!#lgton REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY SEPTEMBER 28,2009 Resolution #: Report #: FND-026-09 File #: By-law #: Subject: MUNICIPAL PERFORMANCE MEASURES PROGRAM - 2008 Recommendations: It is respectfully recommended that the General Purpose and Administration. Committee recommend to Council the following: 1. THAT Report FND-026-09 be received for information. Reviewed bY:O~ ~ Franklin Wu, Chief Administrative Officer. NT/RB/cd 1507 REPORT NO.: FND-026-09 PAGE 2 BACKGROUND: 1.0 On November 2008 the Province announced the formal requirements for Year 9 (2008) of the Municipal Performance Measures Program (MPMP). 1.1 The required measures have been filed with the Ministry of Municipal Affairs and Housing and are included as Schedule "A". 1.2 The Province has mandated that these measures be published for taxpayers by September 30, 2009. The information will be posted on the Municipality's website and will be presented at the Clarington Board of Trade Annual Mayor's event, October 21,2009. 1.3 The provincial objectives of the MPMP are to enhance accountability to taxpayers, increase taxpayer awareness and share best practices between municipalities. The information is intended to be used as a tool to gauge improvements in service delivery year over year. CONCLUSION: 2.0 It is recommended that the Municipal Performance Measures Program results for 2008 be received for information. Attachments: Schedule "A" - Performance Measures for 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1508 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Efficiency Measure Operating costs for governance and corporate management as a percentage of total municipal operating costs. Objective Efficient municipal government. Notes & Key Factors for Understanding Results Fairly consistent with prior year. Minor increase pertaining to insurance and legal expenditures. The formula for the local government measure was changed in 2007. SLC 91 0205 13 Financial Information Return. Fire Services Efficiency Measure Operating costs for fire services per $1,000 of assessment. Objective Efficient fire services. Notes & Key Factors for Understanding Results Stable results over past couple of years. Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. SLC 91 1102 13 Financial Information Return. TRADMIN.FIR2008 1509 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Roads Efficiency Measure Operating costs for paved (hard top) roads per lane kilometre. Objective Efficient maintenance of paved roads. Notes & Key Factors for Understanding Results Increased cost of fuel/oil impacted overall expenditures. Severe freeze/thaw cycles created difficulty with frequency of pothole formation on paved roads. Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. SLC 91210713 Financial Information Return. Efficiency Measure Operating costs for unpaved (loose top) roads per lane kilometre. Objective Efficient maintenance of unpaved roads. Notes & Key Factors for Understanding Results Reduced costs resulting from specialized gravel and testing. Proper application rate and procedures for dust control and proper 4% crown set on roads reduced the amount of grading required. Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. SLC 91 210813 Financial Information Return. TRADMIN.FIR2008 1510 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Efficiency Measure Operating costs for winter maintenance of roadways per lane kilometre maintained in winter. Objective Efficient winter maintenance of roads. Notes & Key Factors for Understanding Results 2008 winter season had extremely harsh winter conditions with significant snow accumulation and a number of ice/flash freeze conditions. Winter call outs increased from 89 calls in 2007 to 96 calls in 2008. Also, increased cost of fuel/oil impacted overall expenditures. Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. SLC 91 220413 Financial Information Return. TRADMIN.FIR2008 1511 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Effectiveness Measure Percentage of paved lane kilometres where the condition is rated as good to very good. Objective Pavement condition meets municipal objectives. Notes & Key Factors for Understanding Results "65" not "50" PCI, as used by many, is the point where roads must be rehabilitated full depth. Rural hard top roads are still falling behind. SLC 92 2152 07 Financial Information Return. Pavement condition is rated using a Pavement Condition Index (PC I) such as the Index used by the Ontario Good Roads Association or the Ministry of Transportation's Roads Inventory Management System (RIMS). Effectiveness Measure Percentage of winter events where the response met or exceeded locally determined municipal service levels for road maintenance. Objective Appropriate response to winter storm events. Notes & Key Factors for Understanding Results 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. SLC 92 2251 07 Financial Information Return. TRADMIN.FIR2008 1512 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS torn'! Vvater Efficiency Measure Operating costs for urban storm water management (collection, treatment, disposal) per kilometre of drainage system. Objective Efficient urban storm water management. Notes & Key Factors for Understanding Results Contracted services in 2008 include catch basin cleaning and minor repairs. Contracted services in 2007 include catch basin cleaning only. For 2008, the number of catch basins used to calculate this category's performance measure has been refined from prior years' figures. _ __________..____.._____.~__.____~_____.,____._..____.__._._.~ ____'._,,__________ _._._'_.________________ M.m__..______.______._._."___~_______._.______.".___.__------------- Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. In 2006, the definition of kilometres of drainage system was redefined to eliminate connections; catch basins were retained. Reported by municipalities with a separate storm water system. SLC 91 3207 13 Financial Information Return. Efficiency Measure Operating costs for rural storm water management (collection, treatment, disposal) per kilometre of drainage system. Objective Efficient rural storm water management. Notes & Key Factors for Understanding Results Contracted services in 2008 include catch basin cleaning and minor repairs. Contracted services in 2007 include catch basin cleaning only. Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. In 2006, the definition of kilometres of drainage system was redefined to eliminate connections; catch basins were retained Reported by municipalities with a separate storm water system. SLC 91 3208 13 Financial Information Return. TRADMIN.FIR2008 1513 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Parks and Recreation Efficiency Measure Operating costs for parks per person. Objective Efficient operation of parks. Notes & Key Factors for Understanding Results Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. SLC 91 7102 13 Financial Information Return. Efficiency Measure Operating costs for recreation programs per person. Objective Efficient operation of recreation programs. Notes & Key Factors for Understanding Results It is important to note for this category (applicable to 10.3 and 10.4 also), that the costs and participation numbers are somewhat disjointed since the Newcastle and District Recreation Complex began incurring operating costs in July 2008 as the facility was readied for use. However, there was only one session of programming (Fall 2008). Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. This measure is based on total population, not the population participating in recreation programs. SLC 91 7202 13 Financial Information Return. TRADMIN.FIR2008 1514 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Efficiency Measure Operating costs for recreation facilities per person. Objective Efficient operation of recreation facilities. Notes & Key Factors for Understanding Results It is important to note for this category (applicable to 10.2 and 10.4 also), that the costs and participation numbers are somewhat disjointed since the Newcastle and District Recreation Complex began incurring operating costs in July 2008 as the facility was readied for use. However, there was only one session of programming (Fall 2008). Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. SLC 91 730313 Financial Information Return. 10.4 RECREATION PROGRAMS AND RECREATION FACILITIES (SUBTOTAL) EFFICIENCY $117.48 $106.61 Efficiency Measure Operating costs for recreation programs and recreation facilities per person (Subtotal). Objective Efficient operation of recreation programs and recreation facilities. Notes & Key Factors for Understanding Results It is important to note for this category (applicable to 10.2 and 10.3 also), that the costs and participation numbers are somewhat disjointed since the Newcastle and District Recreation Complex began incurring operating costs in July 2008 as the facility was readied for use. However, there was only one session of programming (Fall 2008). Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. This measure represents a subtotal and is automatically completed when a municipality reports one or more efficiency measures for parks and recreation. SLC 91 730513 Financial Information Return. TRADMIN.FIR2008 1515 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Effectiveness Measure Total kilometres of trails. SLC 92 7152 05 Financial Information Return. 2008 .221 2007 .225 2006 .191 2005 .123 2004 .113 Effectiveness Measure Total kilometres of trails per 1,000 persons. Objective Trails provide recreation opportunities. SLC 92 7152 07 Financial Information Return. - _._ ____._~____.____ ___ ________._..__.~____~_______~_._ _______ __.________~__.__,._.__________..____________..__~__ . u_ ______~_ Notes & Key Factors for Understanding Results 10.6 OPEN SPACE - EFFECTIVENESS 2008 379 2007 379 2006 377 Effectiveness Measure Hectares of open space (municipally owned). SLC 92 7155 05 Financial Information Return. 2008 4.412 2007 4.485 2006 4.506 Effectiveness Measure Hectares of open space per 1,000 persons (municipally owned). Objective Open space is adequate for population. SLC 92 7155 07 Financial Information Return. Notes & Key Factors for Understanding Results TRADMIN.FIR2008 1516 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Effectiveness Measure Total participant hours for recreation programs per 1,000 persons. Objective Recreation programs serve needs of residents. Notes & Key Factors for Understanding Results Newcastle and District Recreation Complex opened to the public September 2, 2008. This 56,000 square foot facility offers a variety of programs from hip hop dance, guitar lessons, and aerobics to drop-in basketball. This measure was redefined in 2005 to exclude special events. The denominator of this measure is total population divided by 1,000 and does not represent the number of participants in recreation programs. SLC 92 7255 07 Financial Information Return. Effectiveness Measure Square metres of indoor recreation facilities (municipally owned). SLC 92 7356 05 Financial Information Return. 2008 374.016 2007 312.130 2006 309.713 Effectiveness Measure Square metres of indoor recreation facility space per 1,000 persons (municipally owned). Objective Recreation facility space is adequate for population. In 2006, the measure for recreation facilities was split into a measure of indoor recreation facilities and a measure of outdoor recreation facility space. The new measures are defined as municipally owned facilities. SLC 92 7356 07 Financial Information Return. Notes & Key Factors for Understanding Results Newcastle and District Recreation Complex opened to the public September 2, 2008. This 56,000 square foot facility offers traditional swimming lessons and some aquatic programs unique to this facility. An insurance expense provision for the Newcastle and District Recreation Facility has also increased overall recreation facility expenditures. TRADMIN.FIR2008 1517 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Effectiveness Measure I Square metres of outdoor recreation facility space (municipally owned). SLC 92 7359 05 Financial Information Return. 2008 37.008 2007 37.621 2006 22.006 Effectiveness Measure Square metres of outdoor recreation facility space per 1,000 persons (municipally owned). Objective Recreation facility space is adequate for population. -'_._----------~~--~---_._-~-----_._._---_._--~---~._-...--------.,,-.----------- .- -- -----------.---.-----------.----------- .-. _._---_._._----~------ In 2006, the measure of recreation facilities was split into a measure of indoor recreation facilities and a measure of outdoor recreation facility space. The new measures are defined as municipally owned facilities. SLC 92 7359 07 Financial Information Return. Notes & Key Factors for Understanding Results TRADMIN.FIR2008 1518 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS ibraries , Efficiency Measure Operating costs for library services per person. Objective Efficient library services. Notes & Key Factors for Understanding Results Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. SLC 91 740313 Financial Information Return. Efficiency Measure Operating costs for library services per use. Objective Efficient library services. Notes & Key Factors for Understanding Results Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs. SLC 91 7404 13 Financial Information Return. TRADMIN.FIR2008 1519 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Effectiveness Measure Library uses per person. Objective Increased use of library services. Notes & Key Factors for Understanding Results SLC 92 7460 07 Financial Information Return. Effectiveness Measure Electronic library uses as a percentage of total library uses. Objective Better information on library usage. Notes & Key Factors for Understanding Results SLC 92 7461 07 Financial Information Return. Effectiveness Measure Non-electronic library uses as a percentage of total library uses. Objective Better information on library usage. Notes & Key Factors for Understanding Results SLC 92 746207 Financial Information Return. TRADMIN.FIR2008 1520 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Land Use Planning Effectiveness Measure Percentage of new residential units located within settlement areas. Objective New residential development is occurring within settlement areas. Notes & Key Factors for Understanding Results As per provincial policy new residential units are located within settlement areas. SLC 92 8170 07 Financial Information Return. In 2007, the measure for the location of new development was redefined for greater accuracy. Effectiveness Measure Percentage of land designated for agricultural purposes which was not re-designated for other uses during the reporting year. Objective Preservation of agricultural land. Notes & Key Factors for Understanding Results Lands redesignated were for aggregate extraction which also meets Provincial objectives for resource management. Eventually when rehabilitation occurs the lands will be converted back to agriculture. SLC 92816307 Financial Information Return. TRADMIN.FIR2008 1521 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Effectiveness Measure Percentage of land designated for agricultural purposes which was not re-designated for other uses relative to the base year of 2000. Objective Preservation of agricultural land. Notes & Key Factors for Understanding Results In 2003 major portions of Clarington were redesignated from agriculture to environmental protection to conform to the Oak Ridges Moraine Conservation Plan. In 2008 an aggregate extraction area was expanded. SLC 92 8164 07 Financial Information Return. Effectiveness Measure Number of hectares of land originally designated for agricultural purposes which was re-designated for other uses during the reporting year. Objective Preservation of agricultural land. Notes & Key Factors for Understanding Results Aggregate extraction area expansion of 61 hectares. SLC 92 8165 07 Financial Information Return. TRADMIN.FIR2008 1522 MUNICIPALITY Municipal Performance Measurement Program. 2008 RESULTS Effectiveness Measure Number of hectares of land originally designated for agricultural purposes which was re-designated for other uses since January 1, 2000. Objective Preservation of agricultural land. Notes & Key Factors for Understanding Results In 2003 major portions of Clarington were redesignated from agriculture to environmental protection to conform to the Oak Ridges Moraine Conservation Plan. In 2008 an aggregate extraction area was expanded SLC 92 8166 07 Financial Information Return. TRADMIN.FIR2008 1523 Unfinished Business ClfJ!iggton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 28, 2009 Resolution #: Report #: Addendum #2 to Report COD-005-09 File #: By-law #: Subject: Community Video Showcase Program Recommendations: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report COD-005-09 Addendum #2 be received; 2. THAT Report CoD-005-09 Addendum #1, be lifted form the table; 3. THAT the C1arington Board of Trade presentation on their C1arington Promotional Video Program be received; 4. THAT Council provide direction on either of the following options: a. THAT the Community Video Program Showcase Program as set out in COD- 005-09 Addendum #1, be approved as recommended; OR b. THAT Council endorse the Board of Trade C1arington Promotional Video Program to be produced and co-ordinated by the Board of Trade, with no monetary impact on the Municipality; and 5. THAT the Board of Trade, and CGI Communications Inc., be advised of Council's decision. Submitted by: ~/(;L L/L~- arie Marano Director of Corporate Services . zld]G - :anK in Wu i\t. f Chief Administrative Officer /0 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 Reviewed by: 1701 REPORT NO.: Addendum #2 to Report COD-005-09 PAGE 2 BACKGROUND AND COMMENT 1.0 COD 005-09 Addendum (Attachment #1) was presented at the GPA meeting of February 23, at which time resolution #GPA-157-09 was approved as follows: Moved by Councillor Robinson, seconded by Councillor Novak THAT Addendum to Report COD-005-09 be tabled for six months. 1.1 The discussion at the February 23rd meeting and at the prior January 19th GPA meeting focused on the opportunity for the promotional video of the Municipality to be produced locally. Subsequent to the February 23rd meeting the Mayor and Director of Corporate Services met with the Executive Director of the Board of Trade to enquire if the Board was interested in developing a local program. The Board of Trade eagerly expressed a willingness to investigate the opportunity, the result of which is presented to Committee today. 2.0 If Council is interested in allowing the Board of Trade the opportunity to develop the program, direction is requested in order that CGI Communications can be advised that the Municipality will not be pursuing the opportunity they presented. Attachments: Attachment 1 - COD-005-09 (Addendum) 1702 ATTACHMENT #1 ClDJil1gron UNFINISHED BUSINESS REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 1< eSG>1lA- +0'* 6 PI} - f 57"01 Date: February 23. 2009 Report #: COD-005-09 (Addendum) File#_ By-law # Subject: COMMUNITY VIDEO SHOWCASE PROGRAM Recommendations: It is respectfully recommenaed that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-005-09 (Addendum) be received; 2. THAT the requirements of the Purchasing By-law be waived; 3. THAT the Municipallty 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 wi~h opportunities for local business to showcase and promote themselves; 4. THAT the attached By-law Schedules" N 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; . 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 tenns provided competitive se s are not available. Reviewed by: , o~~ Submitted by: arie Marano. H.B.Sc., C.M.O., Director of Corporate Services Franklin Wu, Chief Administrative Officer MM\lDBIkm CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 REPORT NO.: COD-005-09 (Addendum) PAGE 2 e 1. BACKGROUND AND COMMENT 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 iri and take advantage of the opportunity. · How will the Board of Trade, and BfA'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? e · 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? 1704 REPORT NO.: COD-005-09 (Addendum) PAGE 3 e · 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. e 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 19th, Purchasing has have 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 1705 REPORT NO.: COD-005-09 (Addendum) PAGE 4 e 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? e · 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 up front 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 to 1706 e e e.."""....... \, . ':/:0<'" 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 sharelsell 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 1707 e e - c:Jat. . f1 ~11JglO REPORT CORPORATE SERVICES DEPARTMENT Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Cf7 January 19, 2009 . ~-e.sol\A..\-io(\*t)Pt1.o7l; Report #: COD-ODS-OS File#_ By-law # Subject: COMMUNITY VIDEO SHOWCASE PROGRAM Recommendations: It is respectfully recommen~ed that the General Purpose and Administration Committee recommend to Council the tollowing: 1. THAT Report COD-l105-09 be received; 2. THAT the requiremtlnts of the Purchasing By-law be waived; 3. THAT the Municipal~ 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 wi" opportunities for local business to showcase and promote themselves; THAT the attached $y-Iaw Schedules "A" authorizing the Mayor and the Clerk to execute the two (2) year agr.ement be approved; That the Director of ~orporate 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 4. 5. 6. That the Purchasing Jlanager be authorized to negotiate an additional two (2) year agreements with C~I Communications in the event a competitive service is not available on expiry of the 200~-1 0 agreement or subsequent extensions; and 7. That the Director of agreements to e competitive S IC Submitted by: Franklin Wu, Chief Administrative Officer orporate Services be authorized to approve and sign the the services beyond the current and subsequent terms provided .3re not available. /"'\ (J'--' In ~ 0_ Reviewed by: I ~ ~ ara 0, H.B.Sc., C.M.O., Director of orporate Services MM\JDB\km CORPORATION OF THE MUNICIPALITY OF CLARJNGTON 40 TEMPERANCE STREET, ~OWMANVllLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1708 REPORT NO.: COD-005-09 PAGE 2 e 1. 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". 1709 REPORT NO.: COD-005-09 PAGE 3 e 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 I 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 e 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 1710 e fa REPORT NO.: COO-005-09 PAGE4 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 1 711 e e - 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 ,2009. ,2009. By-law read a third time and finally passed this day of Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1712 Cl~i!lglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: Monday, September 28, 2009 Report #: PSD-093-09 File #: RE 4.14 By-law #: Subject: DECLARATION AND SALE OF SURPLUS PROPERTY, PART LOTS ON PLAN 18T-95028 ON GLENABBEY DRIVE AND MEADOWGLADE ROAD, COURTICE T0708545 ONTARIO LIMITED (GERANIUM CORPORATION) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the folilowing: 1 . THAT Report PSD-093-09 be received; 2. THAT Council declare, by By-law portions of Lots 57,58, 59, 60, 61, 62, 63, 64, 65, 66, 67,85,86 and 118 and Blocks 190,191, and 192 on Draft Plan 18T-95028 (Plan 40R- 26039 and Plan 40R-46040), as shown on Attachment 1, to be surplus property of the Municipality; 3. THAT a By-law be passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute the agreement for the sale of the portions identified on Attachment 1 to 708545 Ontario Limited (Geranium Corporation) for $114,375.00; 4. THAT all legal and related costs be borne by the purchaser; 5. THAT the proceeds from the sale of the surplus property be deposited into the Municipal Acquisition of Real Property Reserve Account; and 6. THAT staff and the Municipal solicitor be authorized to take all necessary actions to complete the transacticms. HANDOUTS/CIRCULA TIONS GPA Clwington MEMO CLERK'S DEPARTMENT To: From: Date: Subject: Mayor Abernethy and Members of Council Anne Greentree, Deputy Clerk September 25, 2009 GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA - SEPTEMBER 28, 2009 - UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, September 14, 2009: 6. DELEGATIONS See attached Final List. (Attachment 1) rim~ Greentree, Deputy Clerk AG/ Enc. cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS GPA Meeting: September 28,2009 (a) Richard Ward, Regarding his Personal Property Standards Issue HANDOUTS PRESENTATIONS ~. ", .-. .~ ,. ~--.A'.,..;. ... ~~..........- ........ ..... .-.. --, "'" ::. .. ... Update on the Development of the Site Selection Process Presented to the General Purpose and Administration Committee of the Municipality of Clarington )) Canada's plan on the long term management of used nuclear fuel )) Where we are today: Focus on 2009 )) Municipal engagement )) Transportation of used nuclear fuel )) Next steps - _ eo ~ _ . AJI3 ~7'~' nl'.~~'-"~ ,....~; . _ ] . .____ ... J:I. ..._ ,-. r~. ~'''-'-_t>_.~_- )~~ "":,,.--. '.;.' _ ,.....:'"""',. ._:'l:~ 'L"' 1 iliaraAt-....._ .,MdL. ~,_ ~-_ ~....~~:Y~ji......_~ ~'~-,J,- ~.:- . -' . ,~_.",_~-'~...4.,':::-:_,_.:. ", -==-- .-' '~.__~.'''''''''v-,' - ~-'----~-""---' - . , .. - ------ '., }} 2002: Nuclear Fuel Waste Act mandates formation of NWMO }} 2002 - 2005: Study of options by NWMO . Three year study period . Contributions from 18,000 Canadians . 120 information and discussion sessions in all Provinces . 2,500 Aboriginal people participated in dialogues }} 2007: GoverJ:lment approval of NWMO proposal and beginning of implementation of Adaptive Phased Management _ ~~. ~,,~. ~'r ~. 1 : ~ . ~~~~----..~ .~. '~'~:2 "\ _ _ .. lfI.~ Ua~~;'~': _ >IL -~ .~ <" - j ::::;:;--""'7 _..............., ~. ._~~....'. ~. ,'-. '.:.:',.AMo"--"'''''''':'''" - ".' .~~ - - ------ -'~-~~~<:';-:'--~-:' - . . . Plan proposed by NWMO and approved by Federal government June 2007 A Technical Method A Management System -- -~ .~~~ >> Centralized containme-nfand isolation of used nuclear fuel in deep geological repository >> Continuous monitoring >> Potential for retrievability >> Optional step of shallow underground storage >> Flexibility in pace and manner of implementation >> Phased and adaptive decision-making >> Responsive to advances in technology, research, Aboriginal Traditional Knowledge, societal values )> Open, inclusive, fair siting process - seek informed, willing host community >> Public engagement and site selection focused in 4 nuclear provinces (NB, ON, QC, SK) ~ ."'---,_.~." _. ' ~ ~~~,...n-;;.'.~~..:.:;:_. C~.,. .. - :.- ~ -.~. - . ~. - - -.. _ '1 '. .;.,.'" ,,~. ''''',. 1 ._.~---- ~, ~~.' 4 " - k". q' 3 ~ ..,_._....~ . - p, j ...., .iIoI.iA- JO.... l&S:.>!L" L.~~ _ ,.I' ~ ~.-t; .. :!:!II )) High technology, national infrastructure project · Investment of $16-24 billion · Will be operated as centre of expertise, comprising technical and social research and technology demonstration program · Will provide skilled employment for thousands over many decades )) Highly regulated - strict scientific and technical criteria ensure safety --1 r L_ ~' - - '" . ",;:0 ~~ :~-' ~ :e~~ '" 1- r- ~. ~" -'" .... J' _. w, '" ~. o.~ '" [' ' . m "'I ,.f " I I ~.' . .' I )) Long-term partnership between NWMO and community )) Ensure community well-being ~lJ~ B"nd(. ~(lPfJ"'f \.:O(lt u(II'1 f:St)lttOlutl:i CI:l~ "'J..lCtrfTi~lt HC-c,UI ...f...-I BOHtffU;1l __ ----1 ~-~.: -_:~~::~ _~ - ::. .....?IE:.... . ... .. - - ..... .' . ~ 4 ~~ '" _...~. NWMO will seek an informed, willing community to host the APM facilities 2007 : Government decision choosing Adaptive Phased Management 2008 : Dialogues convened to invite input into the siting process: focus on principles, objectives and suggestions for site selection 2009 : Dialogues focus on rev'iew of Proposed Site Selection Process. NWMO seeks confirmation of, and suggested refinements to proposed process After 2009: Siting process initiated The site selection process will commence only after the site selection process has been confirmed and finalized --~- -..... ~. : ..~ ~ ~.. 5 - -- .. - ~- ~ :~=~~~. ." '., 0) o o N ~ o "l- t/) :s (.) o LL .. C CD E CD en ns en c w 'to: ~. ,~ '.- ,.. .....,. Discussion document: A proposed process to guide site selection l) Key elements of the document >> Project description >> Definitions >> Principles and steps )) Third party review >> Regulatory oversight Key principles to guide the process >> Focus on nuclear provinces >> Informed, willing host community >> Enhance well-being of the community >) Safety >) Inclusiveness )) Communities choose to participate Moving Forward 'Ii }) Designing the P ogether: Selecting a Site rocess for - ~- ~ ~." - --- ,.'!l::T ~,'c''''~ .- . ....... c - ~~ '-. Cc ..~---_ ;.~' '. c 7 . It" ~.......~-- " ... ..w) ............a.4....&. ~... .:. ' During the 2009 dialogues NWMO is asking: >> Are the proposed siting principles fair and appropriate? >> Are the proposed decision-making steps consistent with selecting a safe site, and making a decision that is fair? >> Does the proposed process provide for the kinds of information and tools which are needed to support the participation of communities . which may be interested? >> What changes, if any, should be made? >> What else needs to be considered? Have we accurately captured the expectations of citizens for a fair process? .. &$-'" ~'"-.. . . 'V' . ....-r:. 1 ...':"-..-.. H ...~~.: 9 ......~... ," " ~ f,. t_ 11 -, ,. ' . ..........-...... ~ ...'< '.' ~- .... ~... - ~ -?. -::=;;--: . -...-.--- = ~ '-,..".'. ',...,,',.~~,~'~,..,....,. '.'. , ~' -::. ~::~i "~;_;_.,~ ' . Written Submissions and Comments Municipal Forum, Elders Forum, Youth Roundtable Web-Based Surveys and Dialogues Briefings and dialogues on request Regional Public nformation Sessions Citizen Dialogues Aboriginal Dialogues - ~ 11e8 )) Discussion to-date generally focused on: · questions, clarifications on used nuclear fuel, NWMO, APM . interest in, and further definition of, the project description · some suggestions for very minor refinements to siting proposal . ideas for launch activities as siting process is implemented ~ ~<."'-~, =-. .._ - . ."",...-...-,," . ._ -"I. . - - ~. -'..~ ,~~. ,...,:;W.' o __".' . . -, '~:. ..... .~ - t--.... .. -' '''''-' 11 ...- ~~ . Municipal Engagement Engagement at a municipal level has included briefings upon request, participation & speaking at conferences, specialized dialogue sessions, mailings of key documents, and updated information requests . Contact and relationships have been made with the following groups: >> Municipal Associations >> CANHC (Canadian Association of Nuclear Host Communities) >> Community Advisory Groups >> MPs, MPPs, MLAs in reactor site communities Municipal forum provides advice on engagement practices, guidance to a research agenda, and emerging municipal issues and perspectives ~=.....:::=--_ '_-'::"J':~-.#_,,-,<-.;...---.. "'-~---"'~-;-~'~,, .,,',"'-, -,',,', __ ~_,"'-_M. -...._~':,.:; _"_ _. _> .' _ . __ '- _- J ------ . ~ ~ .;-_ ~ ~.: 'f.k - ..~ . 1 w;.r:-;; 13 J JIr. ..",'-... __....... 01.2. _. A ~ _ __ (. j Transportation of Used Nuclear Fuel )) Stringently regulated by Transport Canada and the Canadian Nuclear Safety Commission (CNSC) )) Used nuclear fuel currently not widely transported in Canada )) Government, regulators and commercial organizations around the world have extensive experience in the safe and secure transport )) 20,000 shipments of used nuclear fuel world wide (to date) )) Transport of used nuclear fuel required to move used nuclear fuel from current storage at reactor sites to the deep geological repository )) Transportation packages are designed to meet severe accident conditions without breach of containment or increase in radiation level ~- ,.,' '-~.' ., ] ~..:.__ ..... ..~.. 'J."..,.; .... ' '. .. . -:' - - - - . "''I - - . ..,.. "" 15 ......,..01. ,..... . ,_' _ .....o:.I.i~.....L~,.. _'- -~? _. ".... - .. _:- ~.. ..........~~ -:::.....~'~..~ ',- '. ",', c...... . -.~ . Proposed Technical Site Evaluation Criteria \) >> Safe and secure transportation routes · Transportation routes exist or can be constructed to safely transport used nuclear fuel from storage sites to the central repository site · Routes allow for security and emergency response measures to be implemented ~ 4 ,. .n....~._..... . ' . ~. *... I ., .. -~~ --- _.,~ -- -....' "",.'~''''-''., ~';':.~:. " - ~ - t.... ~ ... -<'" . " - '". '. _ 1 .:.?--:---~ l,4J." - . - ~ 16 ] , .1il~-:i;O:""':'_'" ,_~ .i'~_A_ ...~'.;~- ..'~ " _~,~. j -:=-- Type B Package Tests )) 9 m drop )) Puncture )) Therma ... J. .';." rl, - - Regulatory Tests (1:10) OPG & BAM .. 1 Used Fuel Transportation: >> Transportation of radioactive material well established in Canada and is critical to existing nuclear power plant operation >> Used fuel transportation is routine practice internationally >> Well-established international and Canadian safety standards >> Used fuel transportation program includes review and development of transportation technology, safety, certification and eventual fabrication of used fuel casks >> Excellent safety record over 45 years >> Risk perception has had impacts ~~ ~'._'......". -- -' . -' , ,-."N -e;, -: .... * 18 o. fi& . >> Continue the work on the design of the process for site selection >> Develop the site selection process in a collaborative way with interested in.dividuals and organizations >> Invite discussion and comments on the proposed site selection process >> Continue to work with the Municipal Forum in the development of tools and products to assist all municipalities in siting. >> Initiate the siting process after 2009 · The process for site selection has NOT begun. The site selection process will commence only after the process for site selection has been confirmed and finalized. ---- . '.,-0'-' - _ 1 t.:.. "':"'-. -'.. ,'." ., l ' ';':. -.-- -. '. - . . '. . ''- _ '.. 19 .! . "...., - ,,- . ~.~ . .... ..' >~ .~ ~, ::J ~~'--- --~ . .-.._~~~.~~ '~'-<I."~."'~-" . __ ~:;;o~. :. ~.~. . - ...-...:(~,#,. - - ~ .-., . . Thank you Peter S. Simmons Director, Municipal and Community Engagement psimmons@nwmo.ca 647-259-3050 nwmo. NUCLEAR WASTE SOCI~T~ DE GESTION MANAGEMENT DES DtCHETS ORGANIZATION NUCLEAIRES www.nwmo.ca ~ :'-~~' -_.~. ~=~'..~ . --'~'_.. ........ ..---". .. ~.. ,.::',:;.~t, , - . .. ~ . -,~, _ l - :a .. ..... - ~ '. ~~-~"% '_ _." I .. -;::.- - - -- - ..~ ~ ~ . ., ')00 ;:-.J....\.- ; *t/U"iC--;.:..- ".,.,-':'~: A _ ~ '. c . .... _ . . . ~ ~ ~