HomeMy WebLinkAbout09/28/2009
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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
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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
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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
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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.
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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.
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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.
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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.
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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;
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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
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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
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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
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General Purpose and Administration Committee
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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
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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
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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
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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
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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
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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
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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
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~! DEVELOPMENT APPLICATION BY: DAVID FOWLER IN TRUST OF THE DURHAM CHURCH NETWORK
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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
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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.
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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
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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
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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.)
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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:
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ranklin Wu,
Chief Administrative Officer
IL/FUsn
17 Sept 2009
fi
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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
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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.
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Submitted by: / a.:{j
David rome, M.C.I.P., R.P.P.
Director, Planning Services
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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
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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
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A.S. Cannella, C.E.T.
Director of Engineering Services
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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
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_. _ . _ Clarlngton Energy Business Pari< Area Boundary
[222J Prestige Employment Node
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I222J Light Industrial 1
o Light Industrial 2
~ Open Space
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* 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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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GLENABBEY
-..: Plan 18T -95028
Block 190 and Part Lot 85
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Blocks 191 and t92 ;... Plan 18T -95028
and Part Lots 86 and 118 Part Lots 57 and 58
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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
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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 "."'. '_.~ ,,'
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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
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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
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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)
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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
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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' ~ ., -
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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
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\, .
':/: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
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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
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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
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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
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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
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}} 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
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Plan proposed by NWMO and approved by Federal government June 2007
A Technical Method A Management System
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>> 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)
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)) 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
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)) Long-term partnership between
NWMO and community
)) Ensure community well-being
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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
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Discussion document:
A proposed process to guide site selection
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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
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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?
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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
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)) 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
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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
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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
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. 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
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Type B Package
Tests
)) 9 m drop
)) Puncture
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OPG & BAM
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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
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>> 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.
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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
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