HomeMy WebLinkAbout10/19/2009
~iJ!gron
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
TIME:
PLACE:
October 19, 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 28, 2009
401
5. PRESENTATIONS
(a) Municipality of Clarington Employee Long-Term Service Awards
'i
(b) Dave Hardy, Hardy Stevenson and Associates Limited
Regarding Report PSD-097-09 Port Granby Project, Municipal Consent to
the EA Screening Project
(c) Greg Ashbee, Senior Project Engineer with GO Transit
Regarding the EA for GO Rail Service Expansion to Bowmanville
(d) Faye Langmaid, Manager of Special Projects, Former Boys Training
School and Prisoner of War Camp 2020 Lambs Road, Bowmanville
6.
DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List)
601
(a) Kelvin Whalen, Kaitlin, Regarding Report PSD-099-09,
Former Boys Training School and Prisoner of War Camp 2020 Lambs
Road, Bowmanville
(b) Richard Ward, Regarding Tax Arrears and Request to Defer, Pending an
Investigation
(c) Tom Worden, Regarding Report PSD-096-09, Application for Removal of
Part Lot Control, Applicant: Prestonvale Heights Limited
CORPORATION OF THE MUNICIPALITY OF CLARIN.GTON
40 TElMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
G.P. & A. Agenda
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October 19, 2009
(d) Vic Suppan, Regarding Report PSD-096-09, Application for Removal of
Part Lot Control, Applicant: Prestonvale Heights Limited
(e) Vic Suppan, Regarding Report PSD-099-09, Former Boys Training School
and Prisoner of War Camp 2020 Lambs Road, Bowmanville
7. PUBLIC MEETINGS
No Public Meetings
8. PLANNING SERVICES DEPARTMENT
(a) PSD-094-09 Monitoring of the Decisions of the Committee of 801
Adjustment for the Meetings of September 3, 2009 and
October 1 , 2009
(b) PSD-095-09 Proposal for Climatic Assessment for Tender Fruits 814
(c) PSD-096-09 Application for Removal of Part Lot Control 822
Applicant: Prestonvale Heights Limited
(d) PSD-097-09 Port Granby Project 828
Municipal Consent to the EA Screening Project
(e) PSD-098-09 Amendment 3 to the Legal Agreement for the Port Hope 851
Area Initiative
(f) PSD-099-09 Former Boys Training School and Prisoner of War Camp 858
2020 Lambs Road, Bowmanville
(Attachment #2 to be distributed under separate cover)
(g) PSD-101-09 Addition to Municipal Register of Properties of Cultural 881
Heritage Value or Interest
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD-030-09 Monthly Report on Building Permit Activity for September, 901
2009
10. OPERATIONS DEPARTMENT
No Reports
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-011-09 Monthly Response Report - September 2009
1101
G.P. & A. Agenda
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October 19, 2009
12. COMMUNITY SERVICES DEPARTMENT
No Reports
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD-020-09 Health Canada Survey
1301
14. CORPORATE SERVICES DEPARTMENT
(a) COD-061-09 Clarington Older Adults Parking Lot Snow Clearing
1401
15. FINANCE DEPARTMENT
(a) FND-027-09 Report on Revenue Sensitive to Economic Conditions - 1501
August 2009
(b) FND-028-09 Township of Woolwich's Resolution for Review of Chapter 1510
27, Section 5(2) of Development Charges Act, 1997
16. CHIEF ADMINISTRATIVE OFFICE
(a) CAO-007-09 Code of Conductfor Council Members 1601
(b) CAO-008-09 Energy Audits - Courtice Community Complex and the Fire 1608
Hall #1
17. UNFINISHED BUSINESS
(a)
Addendum
to Report
PSD-067-09
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 (Tabled at
September 14, 2009 Council Meeting)
18. OTHER BUSINESS
19. COMMUNICATIONS
20. ADJOURNMENT
Cl~-!lJgron
General Purpose and Administration Committee
Minutes
September 28, 2009
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, September 28, 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
Chief Administrative Officer, F. Wu
Recreation Services Manager, Sharon Meredith
(attended until 1 :45 p.m.)
Director of Engineering Services, T. Cannella
(attended until 1 :45 p.m.)
Manager of Special Projects, Planning Services, D. Crome
Director of Corporate Services & Human Resources, M. Marano
(attended until 1 :45 p.m.)
Director of Finance, N. Taylor (attended until 1 :45 p.m.)
Deputy Fire Chief, Emergency Services, M. Berney
(attended until 1 :45 p.m.)
Deputy Clerk, A. Greentree
Municipal Clerk, P. Barrie (attended until 11 :45 a.m.)
Administrative Coordinator, H. Keyzers (attended until 1 :45 p.m.)
Mayor Abernethy chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to
Report CLD-017-09.
ANNOUNCEMENTS
Mayor Abernethy acknowledged that John O'Toole, Durham MPP is in attendance at
today's meeting.
401
General Purpose and Administration Committee
Minutes
September 28, 2009
Councillor Robinson announced the following:
. On Saturday, October 3rd Newcastle will be holding their Annual Fall Festival. On
Saturday evening Abbamania will be playing at the Newcastle Town Hall.
Tickets are available at Massey House Restaurant.
. On Saturday, September 26th Orono held their Annual Chilli Cook Off which was
well organized, and well attended.
Councillor Foster announced that on Saturday, September 26th he attended the Grand
Opening of Forevermore Tattoos in Courtice. He advised that the owners have put a
significant amount of time and effort into their establishment.
Councillor Hooper announced the following:
. He and Councillor Woo attended the 14th Annual Oshawa Chambers of
Commerce Business Excellence Awards ceremony on September 24th. Algoma
Orchards and the Bowmanville Zoo received awards.
. On September 24th the United Way held their Kick Off event in the court yard at
the Municipal Administrative Centre.
. He and Councillors Foster and Woo attended the Durham Region Soccer
Association dinner on September 23rd. Ian Alexander was presented an award
during the ceremony.
Councillor Woo announced the following:
. The Oshawa Chambers of Commerce Business Excellence Award night was a
first class event and the Bowmanville Zoo received the Business Excellence
Award.
. On Saturday, September 24th the 9th Annual Family Safety Day was hosted by
the Emergency Services Department. He noted that the event is a nice way to
interact with families and learn about the different areas where safety is involved.
He congratulated staff and volunteers.
Councillor Novak announced the following:
. The Groundwater Festival will take place on September 29th at Camp Samac in
Oshawa.
. Gates Open Harvest Event will be held on Saturday, October 3rd at Knox Farm.
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402
General Purpose and Administration Committee
Minutes
September 28,2009
Mayor Abernethy announced that the Lakeridge Health Whitby Site will be receiving a
$7.4 million dollar grant to help reopen the site. The Whitby site was listed as
Lakeridge's top priority and Bowmanville was listed as second. He advised that this
was good news for the Bowmanville site as it now moves into the top priority spot.
MINUTES
Councillor Novak advised that Resolution #GPA-522-09 needed to be corrected by
inserting the words "south parking lot" immediately following "Clarington Older Adult
Centre."
Resolution #GPA-524-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on September 14, 2009, be approved, as corrected.
CARRIED
PRESENTATIONS
Peter Simmons, Director along with Ulf Stahmer, Senior Engineer, Municipal and
Community Engagement Nuclear Waste Management Organization presented a
Powerpoint presentation regarding the proposed process for selecting a site to host
Canada's Long-term Management Facilities for used nuclear fuel.
Mr. Simmons highlighted the following:
. Canada's plan on the long term management of used nuclear fuel;
. Where we are today;
. Municipal engagement;
. Transportation of used nuclear fuel; and
. Next steps.
Sheila Hall, Clarington Board of Trade, addressed the Committee regarding Addendum
#2 to Report COD-005-09, Community Video Showcase Program. Ms. Hall advised
that she has explored the local opportunities and that Clarington does not have a lot of
people who are in the video production industry thus she opened up to businesses
within the Region of Durham. She advised that she interviewed two candidates and
concluded that a product, consisting of five videos, can be produced locally. Ms. Hall
advised that there is a cost associated with the production and that she has contacted
businesses requesting sponsorship. Ms. Hall noted that the Municipality of Clarington
would be a welcomed sponsor.
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403
General Purpose and Administration Committee
Minutes
September 28, 2009
John O'Toole addressed the Committee regarding Highway 407 East, PLN 23.5.14,
Report PSD-042-09. Mr. O'Toole advised that he has read the Report and commended
staff in the Planning Department. He advised that individuals have until October 16th to
submit their comments. Mr. O'Toole noted that the Federal Minister of Finance has
stated that this project would be completed by 2012 but he disagrees with this
statement and noted that the project would likely be completed by 2013. He expressed
that it is important that all levels of government work together towards the completion.
Mr. O'Toole stated that he is interested in working together and that he is representing
the people. He does have concerns regardihg the implications to agricultural land and
historical buildings. He agreed to speak to Honourable Jim Bradley, Minister of
Transportation and to provide him and his staff a copy of the Agenda and the Report.
Mr. O'Toole confirmed he supports the Report and will support Clarington's position to
extend the 407 to Highway 115.
DELEGATIONS
Richard Ward addressed the Committee regarding a property standards issue. He
stated that after he investigated the zoning of Tim Horton's a property standards order
was issued against his property. The clean-up was initiated and vehicles and debris
were removed. He stated that he did not receive any communication from the By-law
Enforcement Division and that the Order was a direct result of his request for reports
pertaining to the Tim Horton's zoning issues. Mr. Ward commented that the entire Tim
Horton's zoning is inappropriate and that the applications were never circulated publicly
and should never have been allowed to continue. He is requesting that the fees
associated with the property standards order be suspended from his taxes pending an
investigation.
Resolution #GPA-525-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Committee recess for 10 minutes.
CARRIED
The meeting reconvened at 11 :20 a.m.
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
(a)
Subject:
Applicant:
Report:
Application to Amend the Clarington Zoning By-law
The Durham Church Network
PSD-089-09
Bob Russell, Planner, Planning Services Department provided a verbal report supported
by a PowerPoint presentation pertaining to Report PSD-089-09.
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404
General Purpose and Administration Committee
Minutes
September 28,2009
Tracey Smith addressed the Committee stating that the intersection of Fices Road and
Taunton Road is a safety concern. She advised that she has two children and that she
must drive one of her children to a bus stop in Oshawa as the intersection, a former bus
stop, has been deemed unsafe by Kawartha Pine Ridge District School Board. She
noted that her children have almost been hit on several occasions.
Bernie Roth addressed the Committee stating that he has been following staff's reports
and has been attending most of the meetings. He noted that he is passed the issue of
what he believes is an inappropriate use of lands. He made reference to the traffic
study which he has not read but questioned the timing of when the study was completed
as it was during the General Motors' summer shut down and while children were not
attending school. Mr. Roth advised that the main issue for residents is the Fices Road
and Taunton Road intersection and noted that he is amazed that there have not been
more accidents. He stated that it is very dangerous to make a right turn onto Fices
Road from Taunton Road and that there needs to be a turning lane similar to the one at
Langmaid Road. He would like to make sure that the residents have safe and
responsible access to Taunton Road.
A resident of the area addressed the Committee stating that he concurs with the
comments made by Ms. Smith and Mr. Roth. He advised that he use to be a school bus
driver for 20 years and saw so many close accidents at this location. He noted that he
had to close the school bus doors a few times as cars would pass the bus using the
shoulder of the road. He believes the traffic study should be repeated at this time of
year to get more accurate results.
Jeff Vander Cruysen addressed Committee advising that he lives beside the church and
is very concerned regarding the traffic. He noted that he would like to protect his
property and is concerned with the proposed fencing between his property and the
church. He had the following questions pertaining to a fence: what kind of fencing
would be installed; how high would the fence be; and what grade would the fence be
built, the church's grade or his property's grade?
Mr. Vander Cruysen also expressed concerns pertaining to his well and questioned if
his well could be tested before and after construction. If there was a problem who
would be liable? He is also concerned with the assessment of his property.
Erika van Putten, Tunney Planning addressed Committee in support of the application
on behalf of the applicant. She advising that a voluntary traffic study was completed
and the Region of Durham concluded there are no traffic concerns. She noted that
there will be fencing along the existing property lines and that the kitchen is being
removed so that there will be no food preparation done on site. She advised that she
will be meeting with the Regional Health Department this week regarding water
consumption. Ms. van Putten confirmed they would be willing to work with the abutting
property owners to resolve fence issues and she confirmed they would be willing to
repeat the traffic study.
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General Purpose and Administration Committee
Minutes
September 28, 2009
David Fowler was present to answer any questions.
PLANNING SERVICES DEPARTMENT
PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A PLACE OF WORSHIP,
ASSOCIATED DAY CARE FACILITIES, AND PLAYING FIELDS
APPLICANT: THE DURHAM CHURCH NETWORK
Resolution #GPA-526-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-089-09 be received;
THAT the application submitted by The Durham Church Network for Zoning By-law
Amendment continues to be processed including the preparation of a subsequent report
following the receipt of the outstanding agency comments;
THAT Staff continue processing the Zoning By-law Amendment application; and
THAT all interested parties listed in Report PSD-089-09 and any delegations be advised
of Council's decision.
CARRIED
ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE
VALUE OR INTEREST
Resolution #GPA-527-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report PSD-090-09 be received;
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
THAT all interested parties listed in Report PSD-090-09 and any delegation be advised
of Council's direction.
CARRIED
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General Purpose and Administration Committee
Minutes
September 28, 2009
MINOR VARIANCE TO SIGN BY-LAW 97-157
APPLICANT: ELDAD UNITED CHURCH
Resolution #GPA-528-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-091-09 be received;
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
THAT all interested parties listed in Report PSD-091-09 and any delegations be advised
of Council's decision.
CARRIED
HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT
MUNICIPALITY OF CLARINGTON COMMENTS TO THE MINISTRY
OF ENVIRONMENT
Resolution #GPA-529-09
Moved by Councillor Hooper, seconded by Mayor Abernethy
THAT Report PSD-092-09 be received;
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;
THAT a copy of Report PSD-092-09 and Council's decision be forwarded to the Ministry
of the Environment, the Ministry of Transportation, and the Regional Municipality of
Durham; and
THAT all interested parties listed in Report PSD-092-09 and any delegations be advised
of Council's decision.
CARRIED AS AMENDED
(See following motions)
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Generat Purpose and Administration Committee
Minutes
September 28, 2009
Resolution #GPA-530-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Ministry of the Environment and the Ministry of Transportation be requested
to ensure that the Highway 407 east extension be completed as one phase from
Pickering to Highway 35/115.
CARRIED
Resolution #GPA-531-09
Moved by Mayor Abernethy, seconded by Councillor Robinson
THAT Section 7.2 of Report PSD-092-09 be amended by removing the word "phasing"
and replacing it with the words "next steps".
CARRIED
The foregoing resolution #GPA-529-09 was then put to a vote and carried as amended.
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)
Resolution #GPA-532-09
Moved by Councillor Robinson, 'seconded by Councillor Trim
THAT Report PSD-093-09 be received;
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 Report
PSD-093-09, to be surplus property of the Municipality;
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 Report PSD-093-09 to 708545 Ontario Limited (Geranium Corporation)
for $114,375.00;
THAT all legal and related costs be borne by the purchaser;
THAT the proceeds from the sale of the surplus property be deposited into the
Municipal Acquisition of Real Property Reserve Account; and
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408
General Purpose and Administration Committee
Minutes
September 28, 2009
THAT staff and the Municipal Solicitor be authorized to take all necessary actions to
complete the transactions.
CARRIED
Councillor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
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
Resolution #GPA-533-09
Moved by Mayor Abernethy, seconded by Councillor Hooper
THAT Report EGD-028-09 be received;
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
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.
CARRIED
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2009
Resolution #GPA-534-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Report EGD-029-09 be received for information.
CARRIED
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
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General Purpose and Administration Committee
Minutes
September 28, 2009
COMMUNITY SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
CLERK'S DEPARTMENT
Councillor Hooper chaired this portion of the meeting.
Mayor Abernethy stated a pecuniary interest with respect to Staff Report CLD-017 -09 -
Compliance Audit 2006 Election Campaign as one of the individuals who brought the
complaint forward against the individual was a member of his 2006 Election Campaign
team, and he competed for the position that he now holds with the individual who is at
the centre of the Compliance Audit. Mayor Abernethy refrained from discussion and
voting on this matter.
COMPLIANCE AUDIT - JOHN MUTTON 2006 ELECTION CAMPAIGN
Resolution #GPA-535-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report CLD-017-09 be received;
THAT, in accordance with section 81(4) of the Municipal Elections Act, Bernard G.
Nayman Chartered Accountant be appointed to conduct a second compliance audit of
John Mutton's 2006 Mayoral Campaign; and
THAT the interested parties listed in Report CLD-016-09 be advised of Council's
decision.
CARRIED
APPOINTMENTS TO SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY
COMMITTEE AND TO THE GREEN COMMUNITY ADVISORY COMMITTEE
Resolution #GPA-536-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Scott Stevens be added to the list of interested applicants requesting
appointment to the Green Community Advisory Committee.
CARRIED
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General Purpose and Administration Committee
Minutes
September 28, 2009
Resolution #GPA-537-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report CLD-018-09 be received;
THAT Pat Mulcahy be appointed to the Samuel Wilmot Nature Area Management
Advisory Committee;
THAT Cathrine McKeever be appointed to the Green Community Advisory Committee;
and
THAT the interested parties listed in Report CLD-018-09 be advised of Council's
decision.
CARRIED
Mayor Abernethy chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
TENDER CL2009-28, GUIDERAIL INSTALLATION
Resolution #GPA-537-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Report COD-054-09 be received;
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
Guideraillnstallation as required by the Operations Department; and
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.
CARRIED
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General Purpose and Administration Committee
Minutes
September 28, 2009
CO-OPERATIVE TENDER T-220-2009, SUPPLY, RETREADING, REPAIR AND
DISPOSAL OF TIRES AND TUBES
Resolution #GPA-538-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report COD-055-09 be received;
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;
THAT pending satisfactory pricing and service the contract be renewed for the second
through fifth year; and
THAT the funds required be drawn from the Department of Operations various current
operating accounts.
CARRIED
CONFIDENTIAL REPORT - PERSONAL COMPENSATION MATTER REGARDING
AN IDENTIFIABLE INDIVIDUAL
Resolution #GPA-539-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the recommendations contained in Confidential Report COD-056-09 be
approved.
CARRIED
(See following motion)
Resolution #GPA-540-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT in accordance with Section 239 (2) of the Municipal Act 2001, as amended, the
meeting be closed for the purpose of discussing Confidential Report COD-056-09,
Personal Compensation Matter regarding an Identifiable Individual.
CARRIED
The meeting reconvened in open session at 12:48 p.m.
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GeneraJ Purpose and Administration Committee
Minutes
September 28,2009
Mayor Abernethy reported that one item was discussed in "closed" session in
accordance with Section 239 (2) of the Municipal Act, 2001, as amended, and no
resolutions were passed.
The foregoing resolution #GPA-539-09 was then put to a vote and carried.
TENDER CL2009-22, CONCESSION ROADS 7 & 8 REHABIUT A TION - BUILD
CANADA FUND - COMMUNITIES COMPONENT (BFC - CC)
Resolution #GP A-541-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report COD-057-09 be received;
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;
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
THAT the By-law attached to Report COD-057-09, marked Schedule "A" authorizing the
Mayor and the Clerk to execute the necessary agreement be approved. .
CARRIED
SENIORS AND PHYSICALLY DISABLED SIDEWALKlWINDROW SNOW CLEARING
Resolution #GPA-542-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report COD-058-09 be received;
THAT Council provide direction with respect to the provision of the senior's and disabled
snow clearing services;
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;
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General Purpose and Administration Committee
Minutes
September 28, 2009
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
THAT Margaret H. Polman, and other interested parties on record, be advised of
Council's decision.
MOTION TABLED
(See following motion>
Resolution #GPA-543-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the foregoing resolution be tabled to the October 5, 2009, Council meeting.
CARRIED
ALTER AGENDA
Resolution #GPA-544-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the Order of the Agenda be altered to consider Addendum #2 to Report
COD-005-09 at this time.
CARRIED
UNFINISHED BUSINESS
ADDENDUM #2 TO REPORT COD-005-09, COMMUNITY VIDEO SHOWCASE
PROGRAM
Resolution #GPA-545-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Report COD-005-09 Addendum #2 be received;
THAT Report COD-005-09 Addendum #1, be lifted from the table;
THAT the Clarington Board of Trade presentation on their Clarington Promotional Video
Program be received;
THAT Council endorse the Board of Trade Clarington Promotional Video Program to be
produced and co-ordinated by the Board of Trade, with no monetary impact on the
Municipality; and
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General Purpose and Administration Committee
Minutes
September 28, 2009
THAT the Board of Trade and CGI Communications Inc. be advised of Council's
decision.
CARRIED AS AMENDED
(See following motion)
Resolution #GPA-546-09
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Resolution #GPA-545-09 be amended by adding "as soon as possible"
immediately following the word "produced" in Paragraph 4.
CARRIED
The foregoing resolution #GPA-545-09 was then put to a vote and carried as amended.
FINANCE DEPARTMENT
PSAB 3150 TANGIBLE CAPITAL ASSETS UPDATE
Resolution #GPA-547-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report FND-022-09 be received for information.
CARRIED
ANNUAL COMMODITY HEDGING REPORT - 2009
Resolution #GPA-548-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report FND-024-09 be received for information.
CARRIED
ANNUAL LEASING REPORT - 2009
Resolution #GPA-549-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report FND-025-09 be received for information.
CARRIED
- 15 .
415
General Purpose and Administration Committee
Minutes
September 28, 2009
MUNICIPAL PERFORMANCE MEASURES PROGRAM - 2009
Resolution #GPA-550-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Report FND-026-09 be received for information.
CARRIED
CHIEF ADMINISTRATIVE OFFICE
There were no reports to be considered under this section of the Agenda.
OTHER BUSINESS
PRESENTATION - PETER SIMMONS, DIRECTOR, MUNICIPAL AND COMMUNITY
ENGAGEMENT NUCLEAR WASTE MANAGEMENT ORGANIZATION
Resolution #GPA-551-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Mr. Peter Simmons be thanked for his presentation and update; and
THAT all Members of Council be provided a copy of Mr. Simmons' Powerpoint
presentation.
CARRIED
PRESENTATION - JOHN O'TOOLE, DURHAM MPP - HIGHWAY 407 EAST
Resolution #GPA-552-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT John O'Toole be thanked for his presentation.
CARRIED
DELEGATION - RICHARD WARD - PROPERTY STANDARDS ISSUE
Resolution #GPA-553-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the delegation of Richard Ward be received for information.
CARRIED
- 16 -
416
General Purpose and Administration Committee
Minutes
September 28,2009
OTHER BUSINESS
VERBAL CONFIDENTIAL REPORT FROM THE SOLICITOR - EXPROPRIATION
Resolution #GPA-554-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing a matter that deals with advice that is
subject to Solicitor-Client privilege, including communications necessary for that
purpose.
CARRIED
The meeting resumed in "open" session at 2:10p.m.
Mayor Abernethy report that one item was discussed in "closed" session in accordance
with Section 239 (2) of the Municipal Act, 2001, as amended, and no resolutions were
passed.
Resolution #GPA-555-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the verbal report of the Solicitor be received for information.
CARRIED
FIREFIGHTER BRAVERY RECOGNITION
Resolution #GPA-556-09
Moved by Councillor Woo, seconded by Councillor Foster
THAT, at the earliest convenient Council Meeting, that firefighters Randy Cowan, Steve
Proctor and Ken Ostler be invited to Council to be publicly and appropriately be
recognized for their bravery.
MOTION DEFERRED
(See following motion)
Resolution #GPA-557-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the foregoing resolution be deferred pending receipt of further information
regarding firefighters bravery recognition from the Fire Chief.
CARRIED
. 17 -
417
General Purpose and Administration Committee
Minutes
September 28, 2009
FREE BUS SERVICE - 2009 APPLE FESTIVAL
Councillor Hooper advised that due to the current financial constraints, the Bowmanville
BIA will not be taking advantage of the $1000 grant previously approved by Council, to
assist in offering free bus service for the 2009 Apple Festival. As such, the free bus
service will not be offered for this year's event.
COMMUNICATIONS
There were no items considered under this section of the Agenda.
ADJOURNMENT
Resolution #GPA-558-09
Moved by Councillor Rowe, seconded by Councillor Woo
THAT the meeting adjourn at 2:22 p.m.
CARRIED
DEPUTY CLERK
MAYOR
- 18 -
418
DRAFT LIST
OF DELEGATIONS
GPA Meeting: October 19, 2009
(a) Kelvin Whalen, Kaitlin, Regarding Report PSD-099-09,
Former Boys Training School and Prisoner of War Camp 2020 Lambs
Road, Bowmanville
(b) Richard Ward, Regarding Tax Arrears and Request to Defer, Pending an
Investigation
(c) Tom Worden, Regarding PSD-096-09, Application for Removal of Part Lot
Control, Applicant: Prestonvale Heights Limited
(d) Vic Suppan, Regarding PSD-096-09, Application for Removal of Part Lot
Control, Applicant: Prestonvale Heights Limited
(e) Vic Suppan, Regarding Report PSD-099-09,
Former Boys Training School and Prisoner of War Camp 2020 Lambs
Road, Bowmanville
601
Cl![#!gtnn
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, October 19, 2009
Report #: PSD-094-09 File No's: A2009-0029 through A2009-0037
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETINGS OF SEPTEMBER 3, 2009 AND OCTOBER 1, 2009.
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-094-09 be received;
2. THAT Council CONCURS with the decisions of the Committee of Adjustment made on
September 3, 2009 for applications A2009-0029 through A2009-0031 and on October 1,
2009 for applications A2009-0034 through A2009-0036, and that Staff be
AUTHORIZED to appear before the Ontario Municipal Board to defend the decisions of
the Committee of Adjustment; and
3. THAT Council CONCURS with Staff that an appeal by the Municipality of the decision
made by the Committee of Adjustment on October 1, 2009, for applications A2009-
0032, A2009-0033 and A2009-0037 is not warranted. However, should an appeal be
lodged by another party, that Staff be authorized to appear before the Ontario Municipal
Board to defend its original recommendation.
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d:. .' ,./ ':','117
Submitted by: .,./\. /f/'\...
David J. Crome, MCIP, RPP
Director of Planning Services
'\ r .
Reviewed by: ~"--zt.-.k._\:~_ f.~~-l{/
Franklin Wu,
Chief Administrative Officer
MH/CP/df
7 October 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-094-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 All applications received by the Municipality for minor variance are scheduled for a
hearing within 30 days of being received by the Secretary-Treasurer. The purpose of
the minor variance applications and the Committee's decisions are detailed in
Attachments 1 and 2. The decisions of the Committee are summarized below:
DECISION OF COMMITTEE OF ADJUSTMENT FOR
SEPTEMBER 3, 2009
A lication Number Staff Recommendation Decision of Committee
A2009-0029 A rove A rove
Approve with conditions,
A2009-0030 A rove with conditions, in art In art
A2009-0031 A rove A rove
DECISION OF COMMITTEE OF ADJUSTMENT FOR
OCTOBER 1, 2009
A lication. Number Staff Recommendation Decision of Committee
A2009-0032 A rove In art and Den In art A rove
Approve in part with conditions
A2009-0033 and Den In art A rove
A2009-0034 A rove A rove
A2009-0035 A rove A rove
A2009-0036 A rove A rove
A2009-0037 A rove Table
1.2 Application A2009-0030 was filed to permit the construction of a detached garage by
increasing the maximum permitted floor area from 60 square metres to 90 square
metres and by increasing the maximum permitted height from 4 metres to 4.6 metres.
The applicant stated that he requires this increase in size to store a collection of
automobiles. Staff supported the proposed increase in height but did not consider the
proposed increase in maximum permitted floor area minor. The Committee agreed that
the proposed 50% increase in maximum permith~d floor area was not minor and
approved a smaller floor area increase of 81 sq.m. The Committee concurred with
Staff's recommendation to approve the increase in maximum permitted height.
802
REPORT NO.: PSD-094-09
PAGE 3
1.3 Application A2009-0032 was filed to permit the construction of a detached garage by
increasing the maximum permitted height from 4 metres to 4.8 metres and by increasing
the maximum permitted floor area from 60 square metres to 80 square metres.
Staff recommended approval of the proposed increase in total floor area, and denial of
the proposed increase in maximum permitted height. The staff report to the Committee
advised that an increase in height to 4.8 metres to permit a second storey loft space
within the detached garage, as requested by the applicant, does not meet the intent of
the Zoning By-law which is to eliminate second storeys and loft spaces within accessory
buildings.
The Committee considered Staff's opinion and decided to approve the application in full.
1.4 Application A2009-0033 was filed to permit the construction of an accessory building
(detached garage) by reducing the minimum required easterly side yard setback from
1.2 metres to 0.6 metres, and to increase the maximum permitted height to 5.5 metres
in both Zoning By-laws.
Staff recommended approval of the proposed reduction of easterly side yard setback,
and denial of the proposed increase in maximum permitted height. The staff report to
the Committee advised that an increase in height to 5.5 metres is not minor in nature
and does not meet the intent of both Zoning By-laws to maintain the status of the
dwelling as the dominant feature on the property and to eliminate opportunity for second
storeys or loft spaces within accessory buildings.
Committee considered Staff's opinion and decided to approve the application with a
revised height of 4.5 metres.
1.5 Application A2009-0037 was filed to permit an increase in maximum number of
individual business establishments with a total floor area less than 300 square metres
but greater than 100 square metres from 4 to 6 units and to permit a medical or dental
clinic to be located on the first floor of the building for a non-residential building.
Staff recommended approval of the application. The staff report to the Committee
advised that the increase in the number of smaller individual stores from 4 to 6 does not
permit a change of land use and it merely provides an opportunity to supply individual
store spaces that are more marketable. The "C9-3" zone will permit retail spaces in a
larger format from 300 square metres to 1 000 square metres should markets change
again over time.
The Committee, having only four members present at the meeting, were unable to make
a decision to approve or to deny, as the vote was split evenly. All motions were lost due
to the split vote, and so the Committee decided to table the application until the next
available meeting.
803
REPORT NO.: PSD-094-09
PAGE 4
2.0 COMMENTS
2.1 Staff have reviewed the Committee's decisions and are satisfied that applications
A2009-0029 through A2009-0031, and applications A2009-0034 through A2009-0036
are in conformity with both Official Plan policies, consistent with the intent of the Zoning
By-law, are minor in nature and desirable.
2.2 Council's concurrence with the decisions of the Committee of Adjustment for
applications A2009-0029 through A2009-0031, and applications A2009-0034 through
A2009-0036, is required in order to afford Staff official status before the Ontario
Municipal Board in the event of an appeal of any decision of the Committee of
Adjustment.
2.3 Staff believe an appeal by the Municipality for the decisions made by the Committee of
Adjustment on October 1, 2009 for applications A2009-0032 and A2009-0033 is not
warranted, as there was no objection from neighbouring land owners and given limited
staff time and resources relative to the issue at dispute. An appeal by the Municipality
for the decision made by the Committee of Adjustment on October 1, 2009 for
application A2009-0037 is not warranted, as the Committee requires additional
members in order to pass a motion and make a final decision on the matter.
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment (September 3, 2009)
Attachment 2 - Periodic Report for the Committee of Adjustment (October 1, 2009)
804
Attachment 1 to
Report PSD-094-09
Cl!JlmglOn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
ELIZABETH TELFER
ELIZABETH TELFER
PROPERTY LOCATION:
177 CORNISH DRIVE, COURTICE
PART LOT 35, CONCESSION 1
FORMER TOWNSHIP OF DARLINGTON
A2009-0029
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (UNENCLOSED) BY
INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 50%
TO 54 %,
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN
ATTACHED DECK (UNENCLOSED) BY INCREASING THE MAXIMUM PERMITTED
TOTAL LOT COVERAGE FROM 50% TO 54% AS IT MEETS THE INTENT OF THE
OFFICIAL PLAN AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT
DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION: September 3,2009
LAST DAY OF APPEAL: September 23, 2009
805
CI.!Jl#1gtDn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
LARRY CLUTTERBUCK
DAWN CLUTTERBUCK
PROPERTY LOCATION:
8 WASHINGTON PLACE, BOWMANVILLE
PART LOT 11, CONCESSION 1
FORMER TOWN OF BOVVMANVILLE
A2009-0030
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING
THE MAXIMUM PERMITTED FLOOR AREA FROM 60 SQUARE METRES TO 90
SQUARE METRES AND BY INCREASING THE MAXIMUM PERMITTED HEIGHT
FROM 4 METRES TO 4.6 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO INCREASE THE MAXIMUM PERMITTED
HEIGHT OF A DETACHED GARAGE FROM 4 METRES TO 4.6 METRES AS IT
MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW, IS MINOR IN
NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD, SUBJECT TO THE
SIDE YARD SETBACK OF 2.44 METRES AS SHOVVN IN THE APPLICATION. TO
APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A
DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED FLOOR AREA
FROM 60 SQUARE METRES TO 81 SQUARE METf~ES AS IT MEETS THE INTENT
OF THE OFFICIAL PLAN AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT
DETRIMENTAL TO THE NEIGHBOURHOOD.
September 3,2009
LAST DAY OF APPEAL: September 23,2009
DATE OF DECISION:
806
Cl!JlmglOn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
DG BIDDLE & ASSOCIATES
ERHARD WITZKE
PROPERTY LOCATION:
1621 PEBBLESTONE ROAD, COURTICE
PART LOT 31, CONCESSION 3
FORMER TOWNSHIP OF DARLINGTON
A2009-0031
FILE NO.:
PURPOSE:
TO PERMIT THE EXPANSION OF AN EXISTING GREENHOUSE OPERATION BY
INCREASING THE LOT COVERAGE FOR NON-RESIDENTIAL USES FROM THE
PERMITTED 12.75% TO 16%.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO INCREASE THE MAXIMUM PERMITIED LOT
COVERAGE FOR AGRICULTURAL BUILDINGS (GREENHOUSES) FROM 12.75%
TO 16% AS IT MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING
BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE
NEIGHBOURHOOD.
DATE OF DECISION: September 3,2009
LAST DAY OF APPEAL: September 23,2009
807
Attachment 2 to
Report PSD-094-09
CI!Jl.#JgtDn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
HULL DRAFTING
BRENT LAPORTE
PROPERTY LOCATION:
FILE NO.:
2320 PRESTONVALE ROAD, COURTICE
PART LOT 33, CONCESSION 2
FORMER TOWNSHIP OF DARLINGTON
A2009-0032
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE
MAXIMUM PERMITTED HEIGHT FROM 4 METRES TO 4.8 METRES AND BY
INCREASING THE MAXIMUM PERMITTED TOTAL FLOOR AREA FROM 60 SQUARE
METRES TO 80 SQUARE METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO INCREASE THE MAXIMUM PERMITTED HEIGHT
OF THE PROPOSED DETACHED GARAGE FROM 4 METRES TO 4.8 METRES AND TO
INCREASE THE MAXIMUM PERMITTED TOTAL FLOOR AREA FOR ACCESSORY
BUILDINGS FROM 60 SQUARE METRES TO 80 SQUARE METRES, AS IT MEETS THE
INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS CONSIDERED
MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION: October 1,2009
LAST DAY OF APPEAL: October 21, 2009
808
q!Jl-!lJglOn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
MARK MINICOLA
MARK MINICOLA
PROPERTY LOCATION:
3670 CONCESSION ROAD 7, KIRBY
PART LOT 25, CONCESSION 7
FORMER TOWNSHIP OF CLARKE
A2009-0033
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED
GARAGE) BY REDUCING THE MINIMUM REQUIRED EASTERLY SIDE YARD
SETBACK FROM 1.2 METRES TO 0.6 METRES AND BY INCREASING THE
MAXIMUM PERMITTED HEIGHT FROM 4.5 METRES TO 5.5 METRES IN BY-LAW
84-63 & BY REDUCING THE MINIMUM REQUIRED EASTERLY SIDE YARD
SETBACK FROM 1.2 METRES TO 0.6 METRES AND BY INCREASING THE
MAXIMUM PERMITTED HEIGHT FROM 3.7 METRES TO 5.5 METRES IN BY-LAW
2005-109.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN
ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM
PERMITTED HEIGHT FROM 3.7 METRES TO 4.5 METRES AND BY REDUCING
THE MINIMUM REQUIRED EASTERLY SIDE YARD SETBACK FROM 1.2 METRES
TO 0.6 METRES IN ZONING BY-LAW 2005-109, AND BY REDUCING THE MINIMUM
REQUIRED EASTERLY SIDE YARD SETBACK FROM 1.2 METRES TO 0.6 METRES
IN ZONING BY-LAW 84-63, SUBJECT TO THE FOLLOWING CONDITION:
1) THAT ALTERATION OF GRADING OR DRAINAGE ON THE PROPERTY AS A
RESULT OF THE CONSTRUCTION OF THE ACCESSORY BUILDING OR
STRUCTURE CONFORMS TO THE PROVISIONS OF BY-LAW NO. 2008-114
(SITE ALTERATION BY-LAW)
AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND BOTH ZONING
BY-LAWS IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENATAL TO
,
THE NEIGHBOURHOOD.
DATE OF DECISION: October 1,2009
LAST DAY OF APPEAL: October 21,2009
809
Cl!Jl.-ilJgron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
MORGAN DONNERAL
JAMES MILLSON
PROPERTY LOCATION:
1886 CONCESSION ROAD 7
PART LOT 25, CONCESSION 7
FORMER TOWNSHIP OF DARLINGTON
A2009-0034
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A LIVESTOCK BARN (EXISTING) BY
REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300
METRES TO 150 METRES FROM THE DWELLING LOCATED AT 1893
CONCESSION ROAD 7, AND FROM 300 METRES TO 230 METRES FROM THE
DWELLING LOCATED AT 1925 CONCESSION ROAD 7.
DECISION OF COMMITTEE:
TO APPROVE THE PROPOSED REDUCTION IN MINIMUM REQUIRED
AGRICULTURAL SETBACK FROM 300 METRES TO 150 METRES FROM THE
DWELLING LOCATED AT 1893 CONCESSION ROAD 7 AND FROM 300 METRES
TO 230 METRES FROM THE DWELLING LOCATED AT 1925 CONCESSION ROAD
7, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING
BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO
THE NEIGHBOURHOOD.
DATE OF DECISION: October 1, 2009
LAST DAY OF APPEAL: October 21,2009
810
Cl!Jl#}gtDn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
STEVEN & JENNIFER BRINK
STEVEN & JENNIFER BRINK
PROPERTY LOCATION:
3414 CONCESSION RD 3, CLARKE
PART LOT 30, CONCESSION 3
FORMER TOWNSHIP OF CLARKE
A2009-0035
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING AT 3414
CONCESSION ROAD 3 BY' REDUCING THE MINIMUM REQUIRED AGRICULTURAL
SETBACK FROM AN EXISTING LIVESTOCK FACILITY (BARN 1) FROM 300 METRES TO
165 METRES; BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK
FROM AN EXISTING LIVESTOCK FACILITY (BARN 2) FROM 300 METRES TO 194
METRES; BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM
AN EXISTING LIVESTOCK FACILITY (BARN 3) FROM 300 METRES TO 225 METRES;
AND BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM AN
EXISTING LIQUID MANURE STORAGE PIT FROM 300 METRES TO 205 METRES, ALL
LOCATED AT 3431 CONCESSION ROAD 3,
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE
DETACHED DWELLING AT 3414 CONCESSION ROAD 3 BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL SETBACK FROM AN EXISTING LIVESTOCK FACILITY
(BARN 1) FROM 300 METRES TO 165 METRES; BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL SETBACK FROM AN EXISTING LIVESTOCK FACILITY
(BARN 2) FROM 300 METRES TO 194 METRES; BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL SETBACK FROM AN EXISTING LIVESTOCK FACILITY
(BARN 3) FROM 300 METRES TO 225 METRES; AND BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL SETBACK FROM AN EXISTING LIQUID MANURE
STORAGE PIT FROM 300 METRES TO 205 METRES, ALL LOCATED AT 3431
CONCESSION ROAD 3 AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND
THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT
DETRIMENTAL IN NATURE.
DATE OF DECISION: October 1,2009
LAST DAY OF APPEAL: October 21 t 2009
811
Cl!J!ilJgtnn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
JIM ARMSTRONG
JIM ARMSTRONG
PROPERTY LOCATION:
FILE NO.:
4574 HIGHWAY 2, NEWTONVILLE
PART LOT 7, CONCESSION 2
FORMER TOWNSHIP OF CLARKE
A2009-0036
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DETACHED WORKSHOP BY INCREASING
THE MAXIMUM PERMITTED HEIGHT FROM 4.5 METRES TO 5 METRES, AND BY
INCREASING THE MAXIMUM PERMITTED TOTAL FLOOR AREA FROM 90 SQUARE
METRES TO 120 SQUARE METRES.
DECISION OF COMMITTEE:
TO APPROVE THE PROPOSED CONSTRUCTION OF A DETACHED WORKSHOP BY
INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 4.5 METRES TO 5 METRES
AND BY INCREASING THE MAXIMUM PERMITTED TOTAL FLOOR AREA FROM 90
SQUARE METRES TO 120 SQUARE METRES AS IT MEETS THE INTENT OF BOTH
OFFICIAL PLANS AND THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE
AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION: October 1, 2009
LAST DAY OF APPEAL: October 21,2009
812
Cliff.-!lJgton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
HALLOWAY HOLDINGS LIMITED
HALLOWAY HOLDINGS LIMITED
PROPERTY LOCATION:
2378 HIGHWAY 2, BOWMANVILLE
PART LOT 16, CONCESSION 1
FORMER TOWNSHIP OF DARLINGTON
A2009-0037
FILE NO.:
PURPOSE:
TO PERMIT AN INCREASE IN THE MAXIMUM NUMBER OF INDIVIDUAL BUSINESS
ESTABLISHMENTS WITH A TOTAL FLOOR AREA LESS THAN 300 SQUARE METRES
BUT GREATER THAN 100 SQUARE METRES FROM FOUR (4) TO SIX (6) AND TO
PERMIT A MEDICAL OR DENTAL CLINIC TO BE LOCATED ON THE FIRST FLOOR OF
A BUILDING FOR A NON-RESIDENTIAL USE.
DECISION OF COMMITTEE:
TO TABLE THE APPLICATION UNTIL THE NEXT AVAILABLE DATE.
DATE OF DECISION:
LAST DAY OF APPEAL:
October 1, 2009
October 21 , 2009
813
Cl![mgtDn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION
Date:
Monday, October 19, 2009
Report #: PSD-095-09
File #: PLN 28.9
By-law #:
Subject:
PROPROSAL FOR CLIMATIC ASSESSMENT FOR TENDER FRUITS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-095-09 be received for information;
2. THAT Regional Rural Economic Development Officer and the Clarington Board of Trade
be thanked for their interest and pursuit of this project and be encouraged to continue to
work on obtaining the necessary funding for this project; and
3. THAT all interested parties be notified of Council~ decision.
/...
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.,,/'~
Submitted by:
r
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. ~"/////1!t ;/
i " '/.-//. ,/,-_"
-,.- l- >>_1.- ..... '...- p"!
David J~Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
"
\ . ( ;; "-r
J ('-7". /L/, ' L'-.~.; ~
~-.-/~' ".i....-.../...... ........---......."J
Franklin Wu,
Chief Administrative Officer
FL/DJC/df
7 October 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
814
REPORT NO.: PSD-095-09
PAGE 2
1.0 BACKGROUND
1.1 At the September 21,2009 meeting Council requested:
"That staff be requested to investigate the feasibility of undertaking weather
condition study to determine if there is an opportunity for a private winery to be
established within the Municipality of Clarington."
1.2 In June of 2008 the Municipality was approached by Dr. Gary Polonski, who through his
connections set up a meeting with Dr. Tony Shaw of Brock University and Nick Pisano
of the National Research Council. These two individuals are well versed in the research
and climatological requirements for the development of wineries. The area of interest
were the lands along the Lakeshore between Newcastle and Port Hope. For the
development of a successful winery area, not only is the climate, soil and growing
conditions a factor but also the surrounding scenery, proximity to a larger population
and other related tourism aspects are also necessary. Dr. Shaw and Mr. Pisano were
very impressed with the lakeshore area, identifying a number of potential properties
(Attachment 1).
1.3 A group of interested parties, local farmers, land owners, and investors with connections
in either the winery industry or to local farming organizations were brought together for a
meeting in August of 2008 (Attachment 2).
1.4 Dr. Shaw submitted a proposal "A Climatic Assessment of the Lakeshore Zone for
Commercial Production of Vilis vinifera Grapes" for two climatological stations that were
specific to viticulture requirements. The proposal was to collect the necessary data over
two winter (freeze/thaw) and summer periods for an estimated cost of $40,000 -
$50,000.
1.5 The Ontario Soil and Crop Association (local chapter) were contacted for their rainfall
and weather records. The local chapter did not see a fit between their program and this
project but encouraged individual members to participate.
1.6 The Region of Durham Economic Development Office is the lead partner and has
earmarked funding of $10,000 in their 2009 to help leverage funding. The Region would
like the assessment to include some additional locations on the Oak Ridges Moraine for
new crop assessment. This will increase the cost of the proposal, however, it expands
the potential for other partners and also the usefulness of the information.
1.7 OMAFRA (Ontario Ministry of Agriculture, Food and Rural Affairs) are providing support
in the form of in-kind contributions. A funding application for $30,000 - $32,000 is being
submitted to the Agriculture Adaptation Council. The East-Central Fruit and Vegetable
Growers have agreed to be the applicant, in this case.
815
REPORT NO.: PSD-095-09
PAGE 3
2.0 CONCLUSION
2.1 A detailed climatic assessment could have several potential benefits related to the
economic development. These include principally:
(i) an identification of the areas according to level of the risk of freeze damage
caused by winter and spring extreme minimum temperatures;
(ii) zonation of climatically suitable areas for vine, fruit crops and vegetables, and
(iii) the potential for the long term establishment of a network of monitoring stations
of the meso climates of this area that would gage its evolution in the context of
global warming and land use changes, if funding is extended beyond the 2 year
period.
2.2 The Agricultural Advisory Committee of Clarington support the initiative and believe the
climatic assessment could assist in the development of a tender crop growing area in
Clarington.
2.3 To advance the project the Municipality could provide some funding in the range of
$2,000 - $5,000 to strengthen the application and encourage the participation of other
partners such as Durham Farm Fresh and the other benefiting municipalities. Should
Council wish to participate in and promote this project, the following recommendation
could be added:
"THAT funding in the amount of $ be committed from the Economic
Development Reserve fund to the Climatic Assessment for the Lakeshore Zone
for the Commercial Production of Grapes, with the funds flowing through the
Clarington Board of Trade, Economic Development Office."
Attachments:
Attachment 1 - Map
Attachment 2 - Minutes of Meeting
List of interested parties to be advised of Council's decision:
Tom Barrie
Eric Bowman
Gary Jeffery
Jennifer Knox
Brenda Metcalf
Henk Mulders
Donald H. Rickard
Ted Watson
Fred Archibald
Gerry Mahoney
816
REPORT NO.: PSD-095-09
PAGE 4
Sheila Hall
Marlene Werry, Durham Region Economic Development
Jay Perry, Industrial Technology Advisor
Nick Pisano, National Research Council
Dr. Tony Shaw, Climatology and Viticulture
Klaus Reif, Reif Estate Winery
Ann Harley
Gary Polonsky
817
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To Report PSD-095-09
MEETING REGARDING WINERY PROPOSAL, CLIMATOLOGY TESTING
AUGUST 6, 2008
Attendinq:
Dr. Tony Shaw, Brock University
Nick Pisano, National Research Council
Jay Perry, NRC-Industrial Technology Advisor
Klaus Reif, Reif Estate Winery
Ann Harley, The Harley Group
Gord Robinson, Local Councillor
Marlene Werry, Rural Economic Development Officer, Region of Durham
Gary Polonsky, Clarington resident
Brenda Metcalf, Newcastle BIA rep, Farmers' Market Chair, AACC
Mitch Morawetz, Student, Clarington Planning
Faye Langmaid, Manager of Special Projects, Clarington Planning
Purpose:
The purpose of the meeting was to explore the potential development of sites
along Lakeshore Road between Bond Head (Newcastle) and the Townline with
Port Hope for agri-tourism, specifically wineries.
Backqround:
Dr. Shaw, Nick Pisano, David Crome, Gary Polonsky and Faye had met on June
11, 2008 to discuss the concept of whether Clarington has the qualities, soil,
climate, landscape to attract wineries as part of an agri-tourism initiative. On that
day, Tony, Nick, Faye and David toured along Lakeshore Road and 8 sites were
identified as having potential.
The concept of undertaking the necessary background research to determine the
feasibility and risks involved in establishing wineries was discussed with the
members of the Agricultural Advisory Committee of Clarington on June 12 at their
regular meeting. The Committee members thought it was worthwhile to have the
research carried out but doubted that there were any farmers in the area that
would have the capital resources or passion to pursue establishing a winery.
Investors would have to found to provide the capital necessary to pursue such an
undertaking.
The Municipality has mapped the properties identified by Tony and Nick and
provided aerial mapping (2005), plus soil mapping. All of the properties are
along the Waterfront Regeneration Trail.
Mirco-climate
A micro-climatic study is critical to understanding what affect the winter winds,
frosts and inversions will have on grape varieties. It would be best to have 2
819
Meeting Regarding Winery Proposal, Climatology Testing: Page 2
seasons of winter climatic data. The spring and fall frosts can be dealt with by
wind machines.
White grape varieties need about 1000 heat units, reds 1200 to 1300 head units.
In Clarington, the heat units and the soil are not the restricting characteristic. It
will be the winter and the winter kill.
The Soil and Crop Association (different farmers) track information on their own
sites and share this information with each other to provide a better picture.
Marlene will endeavor to acquire this information for Dr. Shaw.
Ideally it would be best to collect climatic information at 1', 4' and 40'. I RAP may
be willing to fund a climatic study. This information would be helpful for more
than just grape varieties; it would also assist with fine-tuning for other fruit crops,
vegetables, and the introduction of new varieties to the area.
Aqri-tourism
The wineries concept is not based on this being an ideal place to grow grapes.
Rather the scenic beauty (landscape quality), the population base in
Toronto/GTA, the location along Lake Ontario and the Waterfront Regeneration
Trail would make this an ideal agri-tQurism location. The area identified is in the
provincially designated Greenbelt and as such will remain open pace/agricultural.
The agricultural and tourism industries are looking for value-added and spin-off
benefits, overnight stays (B&B), the retail aspect of on-farm wineries, farm gate
markets, places to eat, etc. There will need to be a cluster of wineries (8-10-
could include fruit wineries) and other activities to attract day-trippers and
overnight stays.
The Newcastle Art Festival (first ever) drew 3000 people with minimal
advertising.
Winery Costs
$4,000/acre to prepare the land (drainage, grading, etc).
Year 1- grape vines, posts, wire $10,000-11,OOO/acre
Wind machines $30,000, plus operating costs, they cover about 8-10 acres
$3-3,500/acre/year to run the farm (operating costs)
Assumed that the land is already owned
Winery building (to start) 1-1.5 million or more, capital cost
Mom and Pop winery-10,000 cases of wine, 40 acres
College Winery-35-40,OOO cases of wine, 20 employees, 100 acres
Next Step-1 00,000 cases of wine
Large wineries-2-300,000 cases of wine
820
Meeting Regarding Winery Proposal, Climatology Testing: Page 3
On the grape crop the break-even point for Vidal is never, Chardonnay 15-20
years, CabernetlFranc 10-12 years.
Every bottle of Ontario wine is a spin-off of $5 to Ontario economy.
Every bottle of imported wine is a spin-off of 80 cents to Ontario economy.
The economic benefit is in the value-added, the quality of life for the individuals
involved in the industry, the tourism benefits, the service sector jobs that are
created.
Lonq term Next Steps:
Carry out the climatic studies to obtain the necessary baseline information, cost
is about $40-50,000 for two year study, ideally 3-4 sites, Dr. Shaw coming to
download information.
Develop an overall tourism strategy for agri-tourism.
To drive the vision there will need to be a champion
Immediate Next Step:
Dr. Shaw to submit a proposal for climatic study to Marlene and Faye.
821
Cl~mgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 19, 2009
Report #:
PSD-096-09
File #: ZBA 2009-0013
By-law #:
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: PRESTONV ALE HEIGHTS LIMITED
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-096-09 be received;
2. THAT the request for Removal of Part Lot Control with respect to Lots 61, 77, 78, 105,
106,109,110, Blocks 177,178,179,182 and 183 on Plan 40M-2148, be APPROVED
and that the attached Part Lot Control By-law be PASSED pursuant to Section 50(7.1) of
the Planning Act and a copy be FORWARDED to the Regional Municipality of Durham
Planning Department; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
D i J Cro , MCIP, RPP
Direc r, Planning Services
(_:') - .JZ..-Q r L~
Reviewed by:----.J r-a - \.
Franklin Wu
Chief Administrative Officer
L T/DJC/df
29 September 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
822
REPORT NO.: PSD-096-09
PAGE 2
1.0
1.1
1.2
APPLICATION DETAILS
ApplicanUAgent:
Location:
Prestonvale Heights Limited
Plan 40M-2148 on Part Lots 33 and 34, Concession 2,
former Township of Darlington
2.0 BACKGROUND
2.1 On August 25, 2003, Staff received a request from Prestonvale Heights Limited for the
Removal of Part Lot Control for their then recently registered Draft Plan of Subdivision
as Plan 40M-2148.
2.2 The removal of the Part Lot Control was to facilitate the creation of nine (9) linked/semi-
detached dwellings (18 units) and 48 townhouse units, as contemplated in the approved
Draft Plan of Subdivision.
2.3 On September 29,2003, Council endorsed Staff Report PSD-112-03 and approved By-
law 2003-145, being a By-law to remove Part Lot Control with respect to Lots 61, 77,
78,92,99, 105, 106, 109, 110 and Blocks 177 to 184 inclusive on Plan 40M-2148. This
By-law was to remain in full force and effect for a five (5) year period, expiring
September 29, 2008.
2.4 By letter dated and received September 21, 2009, Mr. Joseph Cimer of Sernas
Associates, on behalf of Prestonvale Heights Ltd., informed Staff that a number of the
lots and blocks included in the previously approved Part Lot Control By-law have not yet
been sold.
With the lapsing of the 2003 By-law, a new Part Lot Control By-law is required for the
remainder of the lots/blocks within Plan 40M-2148 that have not been sold and are
currently under construction.
3.0 COMMENTS
3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part
Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from
Section 50(5) of the Planning Act.
3.2 In accordance with the procedures established in the delegation of Part Lot Control By-
laws, a copy of the "Unit Type and Number Summary Table" (Attachment 3), along with
a copy of the Part Lot Control By-law will be forwarded to the Regional Planning
Department.
3.3 Staff recommends that the By-law be in force for a three (3) year period following
Council approval, ending October 5,2012.
823
REPORT NO.: PSD-096-09
PAGE 3
4.0 RECOMMENDATIONS
4.1 It is recommended that Council approve this application and pass the attached Part Lot
Control By-law for Lots 61,77,78, 105, 106, 109, 110 and Block 177, 178,179,182 and
183 on Plan 40M-2148.
Attachment:
Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal
Attachment 2 - By-law for Removal of Part Lot Control
Attachment 3 - Unit Type and Number Summary Table for 40M-2148
List of interested parties to be advised of Council's decision:
Prestonvale Heights Limited
824
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Attachment 1
To Report PSD-096-09
J
ZBA2009-0013
Part Lot Control
Lots 61, 77, 78,105,106,109,110
and Blocks 177, 178, 179, 182 and 183
Plan 40M-2148
Owner: Prestonvale Heights Ltd
825
/'\lldIJI "11t:11l L-
To Report PSD-096-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to exempt from Part Lot Control, Lots 61, 77, 78, 105, 106, 109, 110 and Blocks 177, 178, 179,
182 and 183 inclusive of Plan 40M-2148;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands
described in Paragraph 2 within the By-law.
2. That this By-law shall come into effect upon being approved by the Municipality of
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the
following lands:
a) Lots 61, 77, 78,105,106,109,110 and Blocks 177,178,179,182 and
183 inclusive of Plan 40M-2148.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in
force for a period of three (3) years ending on October 26,2012.
BY-LAW read a first time this
day of
2009
BY-LAW read a second time this
day of
2009
BY-LAW read a third time and finally passed this
day of
2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
826
Attachment 3
To Report PSD-096-09
TABLE 4
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: 40M-2148
By-law:
D
and .Number
Lot 61 Linked Semi-Detached Dwelling (2) No Change
Lot 77 Linked Semi-Detached Dwelling (2) No Change
Lot 78 Linked Semi-Detached Dwelling (2) No Change
Lot 105 Linked Semi-Detached Dwelling (2) No Change
Lot 106 Linked Semi-Detached Dwelling (2) No Change
Lot 109 Linked Semi-Detached Dwelling (2) No Change
Lot 11 0 Linked Semi-Detached Dwelling (2) No Change
Block 177 Townhouse Units (6) No Change
Block 178 Townhouse Units (6) No Change
Block 179 Townhouse Units (6) No Change
Block 182 Townhouse Units (6) No Change
Block 183 Townhouse Units (6) No Change
TOTAL Units - 51 No Change
827
CI~mgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 19, 2009
Report #: PSD-097-09
File #: PLN 33.4
By-law #:
Subject:
PORT GRANBY PROJECT
MUNICIPAL CONSENT TO THE EA SCREENING REPORT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-097-09 be received;
2. THAT the following resolution be APPROVED:
WHEREAS on June 26, 2006, the Council of the Municipality of Clarington agreed to
give its consent to the Low Level Radioactive Waste Management Office to submit the
Preferred Option for the Port Granby Project as described in the Environmental
Assessment Study Report to Federal decision makers for review;
AND WHEREAS the Screening Report for the Port Granby Project, which was released
on August 19, 2009 and which sets out the decision of the Responsible Authorities with
respect to the Environmental Assessment Study Report, concluded that the Port Granby
Project is not likely to result in significant adverse environmental effects;
AND WHEREAS the Legal Agreement for the Port Hope Area Initiative provides the
Municipality of Clarington with the opportunity to determine whether the Port Granby
Project as described in the Screening Report is the same as that previously consented
to by the Municipality and, if not, whether the Municipality wishes to proceed with the
Project;
AND WHEREAS the Municipality of Clarington has reviewed the Screening Report for
the Port Granby Project and is satisfied that the Project as described therein is
substantially the same as the Preferred Option agreed to by the Municipality in June
828
REPORT NO.: PSD-097-09
PAGE 2
2006, and further that the Project is not likely to result in significant adverse
environmental effects provided that the mitigation measures outlined in the
Environmental Assessment Study Report and the Screening Report are implemented;
NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON
resolves to advise the Government of Canada that it agrees to proceed with the Port
Granby Project in accordance with the decision of the Responsible Authorities as set
out in the Screening Report.
3. THAT the Government of Canada and its agencies be advised that continued
consultation with the Municipality of Clarington and its residents through the licensing
phase and the implementation phase of the Port Granby Project is critical to the
success of the Project;
4. THAT a copy of this report and Council's decision be forwarded to Natural Resources
Canada, the Canadian Nuclear Safety Commission, the Port Hope Area Initiative
Management Office, and the South East Clarington Rate Payers Association; and
5. THAT a copy of Council's decision be forwarded to any delegations and all interested
parties listed in this report.
Submitted by:
Da id . rome, MCIP, RPP
Director of Planning Services
Reviewed by:
o ;-t:u.a~ ~~lc
Franklin Wu,
Chief Administrative Officer
JAS/FLldf
1 October 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
829
REPORT NO.: PSD-097-09
PAGE 3
1.0 BACKGROUND
1.1 EA ScreeninQ Report
1.1.1 The Legal Agreement for the Port Hope Area Initiative, which came into effect in 2001,
requires the Municipality's consent at a number of key decision points in order for the
Port Granby Project to proceed. In September 2004, Council approved a Qualified
Concept which involves the excavation and relocation of the Port Granby wastes to a
new engineered storage mound north of Lakeshore Road. In June 2006, Council
approved a Preferred Option for the Port Granby Project, and consented to the
submission of the Environmental Assessment Study Report (EASR) to federal
decision makers for review.
1.1.2 The third key decision point involves Council's consent to the Port Granby Project as
described in the EA Screening Report. The Screening Report summarizes the findings
and conclusions of the federal review of the EASR. Natural Resources Canada
(NRCan), the lead Responsible Authority for the Project, released the draft Screening
Report for public comment and review on May 4,2009.
1.1.3 Council provided its comments on the draft Screening Report to NRCan through Staff
Report PSD-058-09 (June 15, 2009 GPA meeting). Comments were also submitted
on the draft Screening Report to the Canadian Nuclear Safety Commission (CNSC),
the other Responsible Authority for the Port Granby Project, through Staff Report
PSD-074-09 (July 6, 2009 GPA). These comments were intended to build upon the
Municipality's comments submitted to NRCan, and to advise the CNSC of the
Municipality's expectations with respect to the implementation of commitments in the
EASR and the Screening Report. The CNSC held a hearing on August 17, 2009 prior
to finalizing its decision on the Screening Report.
1.1.4 On August 19, 2009, the Responsible Authorities announced that the EA for the Port
Granby Project had been approved. The Screening Report, which was released at the
same time, concluded that the Project is unlikely to result in significant adverse
effects, provided that the mitigation measures identified in the report are implemented.
1.2 LeQal AQreement ObliQations
1.2.1 The Legal Agreement (Section 4.1.5) for the Port Hope Area Initiative states the
following:
The Proponent will provide the other Parties with written notice of the decision
of the relevant authorities with regard to the environmental assessment and, in
the event that what has been decided upon the completion of the
environmental review is not that which was previously consented to by the
Parties, the Parties shall have 60 days to consult, following which each Party
shall have a further 30 days to decide if it does not wish to proceed with the
Project, or an element of the Project and to notify Canada. In the event that a
Party does not notify Canada, it shall be deemed to have agreed to proceed in
accordance with the decision of the relevant authority.
830
REPORT NO.: PSD-097-09
PAGE 4
1.2.2 The final Screening Report represents the decision of the Responsible Authorities with
respect to the EASR for the Port Granby Project. As such, it is critical that the
Municipality be satisfied that the Project described in the final Screening Report is the
same as the Preferred Option agreed to in June 2006. The 60 day consultation period
provided for in the Legal Agreement ended on October 17, 2009, while November 16,
2009 marks the end of the additional 30 day period.
1.3 Purpose of Report
1.3.1 The purpose of this report is:
· to advise Committee and Council of the results of Staff's and the Municipal Peer
Review Team's review of the final Screening Report for the Port Granby Project;
· to recommend, based on this review, whether Council should advise the
Government of Canada that it agrees with the conclusions of the Screening
Report and that the Municipality wishes to proceed with the Port Granby Project;
and
· to advise of the next steps in the approvals process should the Project proceed.
2.0 ANALYSIS OF FINAL SCREENING REPORT
2.1 As noted above, the Screening Report presents the conclusions of the Responsible
Authorities with respect to the EASR for the Port Granby Project. The Responsible
Authorities have concluded that the adverse residual effects related to the Port
Granby Project will be minor, and that the Port Granby Project is not likely to cause
significant adverse environmental effects taking into account the mitigation measures
identified in the EASR.
2.2 The Screening Report also provides responses to all of the comments submitted on
the draft Screening Report and identifies any resulting changes to the Report. A total
of 188 comments were submitted by 10 interveners, including the Municipality, local
residents, the Lake Ontario Waterkeeper, and Health Canada. Comments on the draft
Screening Report were received on the following topics:
· the appropriateness of the proposed location for the L TWMF;
· elaboration of technical details in the Screening Report, such as the requirements
for a dust management plan, water treatment methods, the composition of the
facility liner system and other follow-up documentation;
· complaints resolution process, accommodating/compensation for dust and noise
and the loss of peaceful enjoyment of property;
· . property value impacts;
· community involvement in the monitoring process;
831
REPORT NO.: PSD-097-09
PAGE 5
· Geology and Groundwater Environment section of the Draft Screening Report,
such as soil quality criteria, groundwater discharges into water sources, ground
water flow and flushing; and
. Human health.
2.3 Staff and the Peer Review Team undertook a detailed analysis of the final Screening
Report to ensure its consistency with the Preferred Option and to review any revisions
to the document as a result of the comments submitted.
2.4 Staff Analvsis
2.4.1 Staff sought clarification from NRCan on a number of issues, and responses were
provided in a letter dated September 21, 2009 (Attachment 2). Staff are satisfied with
the responses from NRCan on the following issues:
. That the total volume of waste for which the Long Term Waste Management
Facility (L TWMF) was assessed in the Screening Report includes approximately
4,000 cu. m. of marginally contaminated soils (MCS) associated with a 360 m
stretch of Lakeshore Road;
. That any upgrades required to the existing transportation routes will adhere to
current applicable regulatory requirements and engineering standards of the
federal, provincial and municipal governments;
. THAT the primary access route for the transportation of construction materials will
be the following preferred route: Newtonville Road exit from the 401 south to
Concession Road 1; Concession Road 1 east to Elliott Road; Elliott Road south to
the L TWMF site access point. Construction traffic between the L TWMF site and
the existing waste management facility will travel via the Lakeshore Road
underpass on the dedicated Inter-Site Route;
. THAT the implementation of activities not requiring a licence such as a tree
planting program aimed at minimizing the visibility of the L TWMF, can now be
considered given that the Responsible Authorities have accepted that no
significant adverse effects will result from Project activities.
Property Value Protection Program
2.4.2 Staff also requested NRCan to clarify their position with respect to the possible
continuation of the PVP Program beyond the two year period provided for in the Legal
Agreement if monitoring indicates a continued impact on property values.
2.4.3 The Preferred Option agreed to by Council indicated that the Program would be
monitored with a view to extending it beyond two years after the completion of the
L lWMF if the market demonstrates that project effects will last longer. The final
832
REPORT NO.: PSD-097-09
PAGE 6
Screening Report notes that the Legal Agreement provides for Canada's commitment
to operate the PVP Program for two years beyond the completion and closure of the
L TWMF, and that, over this period, property value monitoring will continue to be
carried out in order to corroborate the tendency of property values which are expected
to increase in the long-term as a result of the Port Hope Area Initiative.
2.4.4 In their response letter, NRCan reiterated the commitment in the Legal Agreement
and in the Screening Report to monitor property values. NRCan also indicated that
any potential decision on an extension of the Program would be at the discretion of
the Government based on considerations relevant at the end of the monitoring period.
2.4.5 Staff are satisfied with NRCan's response on the PVP issue and note that the
Program has evolved and improved since its inception in 2001, often in response to
comments made by the Municipality and residents. In addition, NRCan has assured
Port Granby residents that, if monitoring were to reveal project-related devaluation,
consideration would be given to address these effects. PVP representatives have
stressed to the Municipality that the Port Hope Area Initiative is a three-phase project
that commits to continued environmental monitoring during Phase 3, and that it is not
"a walk-away project":
2.5 Municipal Peer Review Team Analvsis
2.5.1 The Peer Review Team's report on their analysis of the Screening Report focused on
how their comments on the draft Screening Report had been addressed (see
Attachment 3). Of the 54 comments submitted, 18 comments were accepted by the
reviewers and resulted in changes to the Screening Report. The Peer Review Team
also accepted the responses to a number of comments that did not result in any
changes.
2.5.2 However, the Peer Review Team identified concerns with the responses to a number
of their comments that they believe require further consideration, as noted below:
· Follow-Up Program and Monitoring - Many of the details with respect to such
matters as the Dust Management Plan, noise reduction methods during
construction, groundwater monitoring, and socio-economic effects management
may not be available until the detailed design stage, which will occur after the
Licensing hearing. As many of these details as possible should be made
available prior to licensing.
· Municipal Involvement During Construction - The Municipality should be able to
review all of the detailed design documentation as it is released and be able to
provide input accordingly in order to "sign off" on each document.
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REPORT NO.: PSD-097-09
PAGE 7
. Adaptive Management vs. Problem Avoidance - The monitoring program should
be based on a problem avoidance approach rather than an adaptive
management approach, which emphasizes correcting problems after they occur.
. Water Treatment - An explanation is required as to why the water treatment
technology to be used for the Port Granby Project (resin ion exchange) is
different from the technology to be used for the Port Hope Project (reverse
osmosis).
. Socio-Economic Follow-Up Program - The Screening Report should have
provided stronger recommendation with respect to the measures intended to
mitigate the effects of the Project on area residents.
. Project Monitoring - Both residents and the Municipality must be assured of an
active monitoring role with some provision for oversight, including some ability to
influence Project activities should there be off-site effects.
. Greater Commitment to ALARA - The ALARA (As Low As Reasonably
Achievable) principle needs to be strengthened as a critical component of design
and operations in order to minimize the risk of exposure to hazards to the extent
possible.
. Air Quality Monitoring - Monitoring for dust and radioactive material should be
inside the fence rather than at the fence-line since any failure of dust suppression
could result in dust going into the public realm. Real-time air quality monitoring
should also be implemented.
2.5.3 Overall, the Peer Review Team has concluded that, given the quantity and detail of
their comments on the Screening Report, the Responsible Authorities continue to be
thorough and the Screening Report presents a proper review of the Port Granby
Project.
3.0 CONCLUSIONS AND NEXT STEPS
3.1 Conclusions
3.1.1 Staff and the Municipal Peer Review Team are satisfied that the Screening Report
presents a thorough review of the Port Granby Project and that the Project description
is substantially the same as the Preferred Option previously agreed to by Council.
Staff and the Peer Review Team also agree with the conclusion of the Screening
Report that, with the implementation of the appropriate mitigation measures and
follow-up monitoring, the Project is not likely to cause significant widespread adverse
environmental effects. Based on the review of the Screening Report, Staff are
recommending that Council advise the federal government of its decision to proceed
with the Port Granby Project.
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REPORT NO.: PSD-097-09
PAGE 8
3.1.2 The Legal Agreement also provides the Municipality of Port Hope, as a Party to the
Agreement, with the option of notifying the federal government of its position on the
decision of the Responsible Authorities with respect to the Port Granby Project. In the
event that Port Hope does not notify the government within the 90 day period provided
for in the Agreement, it shall be deemed to have agreed with the decision of the
Responsible Authorities. Port Hope has indicated that they will not exercise their
authority under this provision, in effect agreeing with the decision on the Port Granby
Project.
3.2 Next Steps
3.2.1 The Screening Report is a summary document and therefore does not include the
same level of detail as provided in the EASR. Most of the specific details related to the
Port Granby Project, including the information requested by the Peer Review Team,
will be provided in detailed design documents and Follow-Up Programs still to be
developed. Some of these documents will be prepared for the CNSC licensing hearing
which has yet to be scheduled but which is currently expected to occur in the first half
of 2010.
3.2.2 Most of the detailed documents that are being prepared for the Port Hope Project,
which had its licensing hearing in August 2009 will, with some modification, also be
used for the Port Granby Project. Staff and the Peer Review Team will review these
documents and report to Committee and Council where appropriate. In this regard, the
Municipality will benefit from the experience the Peer Review Team has gained from
their review of Port Hope Project documents.
3.2.3 Staff Report PSD-098-09, also to be considered at the October 19, 2009 GPA
meeting, is recommending Council's approval of Amendment 3 to the Legal
Agreement. This amendment is intended to clarify that no waste from outside the
Municipality's boundaries, will be stored in the L TWMF. The amendment also includes
a similar provision for the Port Hope Poject.
3.2.4 Within the next few months, staff will be bringing forward reports to Committee and
Council with respect to the end use for the existing and new waste management
facilities, and a possible new name for the L TWMF that would remove any reference
to Port Granby.
Attachments:
Attachment 1 - Glossary of Terms
Attachment 2 - Letter from Natural Resources Canada dated September 21, 2009
Attachment 3 - Municipal Peer Review Team Report
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REPORT NO.: PSD-097-09
PAGE 9
List of interested parties to be advised of Council's decision:
Dave McCauley
Christine Fahey
Vito Binetti
Wayne Boucher
Walter Burman
Mr. T. Casha
Ray Coakwell & Frances Brooks
Rosemary Cooper
Marion & Stuart DeCoste
Frederic DeSourdy
Robert Edgar
Penny Ewington
Janice Fenton
Betty & Stephanie Formosa
Lori Graham
Luanne Hill & Mike Mamonko
Gord Jackson
Susan Kinmond
Maria Kordas-Fraser
Marc Landry
Jane Lawrence
Brian Layng
Eric Leeuwner
Michelle MacDuff
Gerry Mahoney and Bonnie McFarlane
Andrew McCreath
Joanne McNamara
Rupert & Kathy McNeill
Tim and Laurel Nichols
Dora Nichols
Carole Owens
Garfield Payne
James B. Robertson
Linda & Paul Ryerse
Saran Sahota
Ken Shrives
Barb Spencer
John Stephenson
Brad & Penny Stripp
Rob & Kim Studt
Midori Tanabe
Harvey Thompson
Rosemary Tisnovsky
Stan Tisnovsky
Julie Tutla
Richard Walker
Mary & Harry Worrall
836
GLOSSARY OF TERMS
CNSC
EASR
L TWMF
MCS
NRCan
PVP
Canadian Nuclear Safety Commission
Environmental Assessment Study Report
Long Term Waste Management Facility
Marginally Contaminated Soils
Natural Resources Canada
Property Value Protection
Attachment 1
To Report PSD-097-09
837
Attachment 2
To Report PSD-097-09
I._
Natural Resources
Canada
Ressources naturelles
Canada
Ottawa, Canada
K1A OE4
Ms. Janice Auger Szwarz
Senior Planner
Special Projects Branch
The Municipality of Cia ring ton
40 Temperance Street
Bowmanville, Ontario Ll C 3A6
September 21,2009
Dear Ms. Szwarz:
I am writing in response to your September 3, 2009 correspondence requesting that Natural
Resources Canada (NRCan), the Lead Responsible Authority for the Port Granby Project,
provides clarification on five issues identified as a result of comparing the Environmental
Assessment Screening Report for this project with the Description of the Preferred Option
consented to by Clarington Council in June 2006. Please find enumerated below, NRCan's
responses on each of the five issues:
I. Whether the waste volumes indicated in the S~reening Report include the excavation of
approximately 4,000 cubic meters of marginally contaminated soils along Lakeshore Road
and its emplacement in the Long Term Waste Management Facility.
NRCan's Response:
The total volume of waste for which the facility was assessed in the Screening Report is
518,500 m3. This volume includes an allowance of approximately 4,000 m3 (including the
contingency) of marginally contaminated soil (MCS) associated with a 360 m stretch of
Lakeshore Road. Note that the volume of MCS along tire roadway will be confirmed and
fully delineated during the excavation operation.
2. Whether all roads along the primary access route, in particular Concession Road 1 and
Newtonville Road, will be upgraded to the appropriate municipal standards prior to
construction to accommodate the truck traffic related to the Project
NRCan's Response:
NRCalt recognizes that upgrades will be required to the existing transportation routes that
will be used to transport materials to the new site. Generally, municipal infrastructure
upgrading ami restoration, required for the pelformance of the Port Granby Project or
necessary due to the impacts of the Port Granby Project, will adhere to curreflt applicable
regulatory requirements and engineering standards of the federal, provincial, and
municipal governments.
3, Whether the Property Value Protection Program will be extended beyond two years into the
Monitoring and Maintenance Phase if monitoring indicates a continued impact on property
values.
Canada
838
NRCan's Response:
The Legal Agreement provides Canada's commitment to operate the Property Value
Protection Program for 2 years beyond the completion and closure of the Long-Term
Waste Management Facility (LTWMF). The expectation is that this timeframe will be
sufficient for long-term effects of the PHAI to become clear. Over this period, property
value monitoring will continue to be carried out in order to corroborate the tendency of
property values, expected to increase in the long term as a result of the PHAI. Any
potential decision on an extension of the Program would be at the discretion of the
Govemment ba.sed on considerations relevant at the end of the monitoring period.
4. Whether the planting of vegetative screening along the primary access route could be
implemented prior to the start of the Construction Phase.
NRCan's Response:
The provision of vegetative screening on the primary access route was not specifically
detailed in the Preferred Option approved by Clarington Council, 1101' is it mentioned in the
Screening Report. However, the implementation of activities (not requiring a licence) such
as the tree planting program aimed at minimizing the visibility of the LTWMF, will now be
considered given that the Responsible Authorities have accepted that no significant adverse
effects will result from Project activities. I suggest that you provide any detailed input that
you may have in this regards to the Mamlgement Office at your earliest convenience, so
that it may be tailored into the planning and budgetary process.
5. Whether you can restate the description of the preferred haul route.
NRCan's Response:
Delivery of construction material.s will follow the following preferred route: Newtonvi//e
Road exit from the 401 south to Concession. Road 1; Concession Road 1 east to Elliott
Road; Elliott Road south to the LTWMF site access point. Construction traffic between
the LTWMF site and the existing Waste Managemmt Facility will travel via the Lakeshore
Road underpass on the dedicated Inter-Site Route.
I hope that the information provided above will assist you and the Clarington Staff in preparing your
recommendations to Council on the Port Granby EA Screening Report. Should you have questions or
require futiher clarification in regards to these issues, please do not hesitate to contact Liliana Benitez
at (613) 992- 4340 or Ibenitez@nrcan.gc.ca.
Sincerely,
~~/) /vL' I
Dave McCauley
Director, Uranium and Radioactive Waste Division
c.c. Liliana Benitez
Joanne Smith
839
MllClvlllllt::11l .:>
To Report PSD-097-09
Municipal Peer Review Team
Comments on the CNSC Screening Report:
The Port Granby Long-Term Low-Level Radioactive Waste Management Project
Report to Clarington Council
Prepared By
Hardy Stevenson and Associates Limited
364 Davenport Road
Toronto, Ontario
M5R lK6
HARDY
STEVENSON
AND ASSOCIATES
October 2009
840
TABLE OF CONTENTS
Executive Summary............................. ................ ...................... .................................... ......... ......... 1
1.0 Introduction.................... ........................................ ........... ..................................... ........ ...... 2
2.0 Comments on the Responsible Authorities' Dispositions of Municipality of
Clarington Comments....................................... .......................................... ................. ...... 3
2.1 General Observations............................ ................................................ ......... ............... 4
2.2 Specific Comments .......................................... ...................................... ......... ............... 5
2.2.1 Adaptive Management.................................. ............................................... ............. 5
2.2.3 Water Treatment and Groundwater Monitoring............................................... 5
2.2.4 Socio-Economic Monitoring and Mitigation Measures ................................. 6
2.2.5 Atmospheric and Radiation Monitoring ............................................................. 7
3.0 Lessons for the Municipality of Clarington from the Port Hope Project CNSC
Licensing Hearing... ................... .................................... .............. ...................................... ..... 8
4.0 Conclusions and Recommendations ............................................................................. 9
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Comments on the Canadian Nuclear Safety Commission Screening Report:
The Port Granby Long-Term Low-Level Radioactive Waste Management Project
Executive Summary
The clean-up of Low Level Radioactive Waste and marginally contaminated soils in the Port
Granby area of Clarington is being reviewed under the Canadian Environmental Assessment
Agency (CEAA) as a screening level assessment. A screening level assessment requires a
Screening Report to be prepared. The Port Granby Screening Report presents the
conclusions from the Responsible Authorities (RA's) regarding the Port Granby
Environmental Assessment (EA) as documented in the Environmental Assessment Study
Report (EASR). The EASR predicts that the Port Granby Project will result in many
environmental benefits. There may also be some adverse effects in some environmental
components that can be addressed by mitigation measures. Additionally, the Screening
Report completes and finalises the earlier work from the Draft Screening Report prepared in
May 2009 and provides a disposition of comments received from the public stakeholders.
This report presents to the Municipality of Clarington Council the tesults of the Municipal
Peer Review Team (MPRT) review of the Screening Report for the Port Granby Long-Term
Low-Level Radioactive Waste Management Project. The MPRT concludes that the
Screening Report presents a thorough review of the Project and agrees with the majority of
the analysis and conclusions as well as the responses to public comment. We note that
greater detail will be provided in the forthcoming detailed design documents and follow-up
program.
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1.0 Introduction
On May 4, 2009, the Responsible Authorities - Natural Resources Canada (NRCan) and the
Canadian Nuclear Safety Commission (CNSC) issued the Draft Screening Report for public
review and comment. The Municipality of Clarington submitted comments on the Draft
Screening Report in a report entided: Review and Recommendations to the Municipaliry oj Oarington
on the Draft Screening Report (.Mqy 2009) dated June 2009. The Municipality also made a
submission at the Canadian Nuclear Safety Commission hearing entided: Municipaliry oj
Oarington Submission to the Canadian Nuclear Sqfery Commission on the Port Granry Screening Report
dated July 13,2009 (CNSC submission No. 09-Hl19.1).
In August 2009, the Responsible Authorities released the Screening Report for the Port
Granby Long-Term Low Level Radioactive Waste Management Project. The Port Granby
Screening Report presents the conclusions from the Responsible Authorities regarding the
Port Granby Environmental Assessment as documented in the Environmental Assessment
Study Report (EASR). The EASR predicts that the Port Granby Project would result in
many environmental benefits. There may also be some adverse effects in some
environmental components that can be addressed by mitigation measures. It is important to
note that the Screening Report is an overview of the items presented in the EASR and does
not include the level of detail that was included in the EASR.
The Screening Report and the approval of the Environmental Assessment is only the first
step in many steps. Many of the issues identified by the Municipality and local residents will
be addressed later through detailed design and the Municipal Peer Review Team will ensure
that the issues identified through this review will be followed up at an appropriate level of
detail.
Comment Disposition
In the Screening Report, the Responsible Authorities responded to the individual comments
from the public on the Draft Screening Report and recorded the responses on the Public
Comment Disposition Form along with an indication of whether or not the comment(s)
resulted in a revision to the text of the Draft Screening Report. A total of 188 comments
were received from 10 interveners. Comments were received from the Municipality of
Clarington, local residents, Health Canada and the Lake Ontario Waterkeeper. Comments
from all intervenors were received on the following topics:
· the appropriateness of the proposed location for the LTWMF;
· elaboration of technical details in the Screening Report, such as the requirements for
a dust management plan, water treatment methods, the composition of the facility
liner system and other follow-up documentation;
· complaints resolution process, accommodating/compensation for dust/noise/loss
of peaceful enjoyment;
. property value impacts;
· community involvement in the monitoring process;
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.
Geology and Groundwater Environment Section of the Draft Screening Report,
such as soil quality criteria, groundwater discharges into water sources, ground water
flow and flushing; and
human health.
.
Hardy Stevenson and Associates Limited have completed a review of the Screening Report
and disposition of comments. We have reviewed the resident's comments and note that
many were accepted by the Canadian Nuclear Safety Commission. However, most of the
residents' comments pertained to the desire to not have a new facility in Port Granby.
Although we have reviewed all the submitted comments, the purpose of this report is to
highlight the treatment of the Municipality of Clarington's comments.
Overall, considering the quantity and detail of the Municipality's comments raised on the
Draft Screening Report, the Responsible Authorities continue to be thorough. While the
Responsible Authorities have not agreed with every point that the Municipality of Clarington
has raised, the Municipality has made some progress toward insuring that Natural Resources
Canada commitments will be implemented during the construction and management phases
of the clean-up. Out of the 54 comments that the Municipality of Clarington made, 18
comments were accepted by the reviewers and changes to the Screening Report were
implemented as the Project moves into the licensing phase. A subsequent letter was sent
from Natural Resources Canada clarifying additional commentsl. In the letter, Clarington
requested clarification on: the waste volumes indicated in the Screening Report, details
regarding the upgrading Concession Road 1 and Newtonvile Road, the potential extension
of the Property Value Protection Program, the planting of vegetative screening along the
primary access road and a description of the preferred haul route.
2.0 Comments on the Responsible Authorities' Dispositions of Municipality of
Clarington Comments
The following summarizes the Municipality's response to the Responsible Authorities
disposition of our comments, as well as additional comments on the Screening Report. In
some cases, the Responsible Authorities have made it clear why there have been no actions
made in response to our comments, and their explanations are acceptable. However, there
are some comments where no actions are recommended we believe require further
consideration. In general, we are pleased with the Responsible Authorities treatment of
comments.
The following 'General Observations' outline comprehensive comments about the direction
of the Screening Report and the procession into the facility licensing phase. The 'Specific
Comments' refer to the Responsible Authorities disposition of Municipality of Clarington
comments and our response.
1 Letter From Dave McCauley, Natural Resources Canada to Janice Szwarz, Municipality of Clarington, dated
September 21,2009
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2.1 General Observations
Follow-Up Program and Monitoring
We continue to point out that many of the Project details will be left until the Follow-Up
Phase. Many of the Municipality of Clarington's comments referred to the requirement for
information (e.g. the Dust Management Plan, noise reduction methods during construction,
groundwater monitoring, socio-economic effects management, etc.). We anticipate that
several of the studies will be provided between now and facility licensing, but experience
with the Municipality of Port Hope Project Canadian Nuclear Safety Commission licensing
hearing (August 26th and 27th, 2009) has shown that some of these reports will not occur
until the detailed design stage (after the licensing hearing).
The detail in these documents will enable the resolution of the issues that the Municipality
has raised about water treatment, dust management and the mitigation of socio-economic
effects. We recommend that the Municipality of Clarington continue to assert to the Atomic
Energy Canada Limited (AECL) the need for as many details as possible before the Project
licensing hearing. The Municipal Peer Review Team liaises with Atomic Energy Canada
Limited on a regular basis and experience has shown that detailed information can be
expected to be provided.
Furthermore, we recommend that the Municipal Peer Review Team take the initiative to
prepare a Follow-Up Program on behalf of the Municipality of Clarington and local
residents. By doing so, we will have a clear and complete list of follow-up activities expected
to be completed.
Hold Points
Hold points have been recommended as a component of the Municipality of Port Hope
Project Canadian Nuclear Safety Commission license. Hold points specify a stage gate
approvals process whereby certain milestones must be completed before the Project can
proceed. For example, a 'milestone' may be the Canadian Nuclear Safety Commission
agreement on the acceptability of a Dust Management Plan and other detailed design
documents. Basically, hold points are tools within the Canadian Nuclear Safety Commission
approvals process that allow all parties to ensure that sufficient progress has been reached
before proceeding to the next step of actions without resulting in a new approvals process.
In the Municipality of Port Hope there are two hold points proposed: the first hold point
occurs when the fmal design documents are released Gust prior to construction) and the
second hold point occurs just before excavation proceeds.
Given the need for the additional details, the Municipality of Clarington should also consider
the use of 'hold points' as a component of the Canadian Nuclear Safety Commission license
for the Port Granby Project. Hold points are important for the Port Granby Project because
many of the detailed reports will be released subsequent to the to the Canadian Nuclear
Safety Commission license. Furthermore, hold points allow for the review and comment on
documentation by the Municipality of Clarington before proceeding to the next stage.
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Municipal Involvement During Construction
It will be important to discern what role the Municipality will have to ensure the process is
conducted properly and when municipal input will be sought. Municipal as well as public
oversight and community engagement will be an important contributor to the success of the
Project during the construction phase. The Municipality should be able to review all the
detailed design documentation as it is released and be able to provide input accordingly in
order to 'sign off on each document.
2.2 Specific Comments
The following presents an overview of Municipality of Clarington remarks on the disposition
of our comments on the Draft Screening Report.
2.2.1 Adaptive Management
The Follow-Up Program states that an adaptive management approach will be utilised for
monitoring the site. The use of the term 'adaptive management' infers that changes will be
made according to the problems that will arise in the future during the management and
monitoring phase. As we have stated previously in our revision of the Draft Screening
Report, "adaptive management" emphases correcting problems, should they arise (and
learning how to do better next time), versus taking more conservative and prescriptive
approach initially in order to avoid problems. We prefer the latter approach.
In Comment 13 in the Public Comment Disposition Form, the Canadian Nuclear Safety
Commission suggests that they have addressed our concern by adding a deftnition of
adaptive management in the Screening Report. They stated that: 'Adaptive management is a
strudured process of optimal decision making in the face of uncertainty, with an aim to reducing uncertainty
over time via a !Jstem of moniton.ng....' However, the substance of our comment was not
addressed. Our concern remains that adaptive management still appears to be a guiding
framework for the Follow-Up Program. The Municipal Peer Review Tam development of a
follow-up program with input from local residents will go some distance in addressing this
comment.
2.2.3 Water Treatment and Groundwater Monitoring
Issues such as groundwater contamination, groundwater discharge into local water sources,
groundwater flow and flushing, as well as the ion water exchange treatment option for the
new facility are among the comments forwarded by the Municipality of Clarington. Many of
these issues (e.g. most notably, ground water discharge) were also brought up at the
Municipality of Port Hope Project licensing hearing in August 2009.
Although the Port Granby Project is further ahead of the Port Hope Project in regards to
technical details about water treatment, it is important to ascertain why the Port Hope
Project will be using a different treatment process (reverse osmosis versus resin ion
exchange). In a previous report on the Water Treatment Memo, the Municipal Peer Review
Team noted that the disadvantage of the ion exchange resin is the build up of radioactive
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materials on the resin and the concurrent increase in external radiation levels. While both
treatment processes are acceptable, particularly the process proposed for Port Granby, a
comparison of both treatment options and an explanation of the difference is warranted.
Comment 34
The Municipality of Clarington maintained that the groundwater monitoring program used
to assess effects on groundwater elevations and base flows should be clearly stated. The
Responsible Authorities state that an adaptive management approach will be used to identify
change~ in groundwater elevations and changes in base flow. As stated in our general
comments regarding adaptive management, this approach would only address problems after
they occur and may' not prevent situations before they negatively impact the aquatic
environment. We expect that an appropriate groundwater monitoring program can be agreed
upon.
2.2.4 Socio-Economic Monitoring and Mitigation Measures
Socio-economic effects are of particular importance to the residents of Port Granby and the
Municipality of Clarington. For example, it is important to prevent noise and traffic from
affecting the local community. Socio-economic issues that have arisen include the
requirement for detailed reports regarding mitigation measures, recommendations for
residents to playa vital role in monitoring activities and community involvement.
Comment 40 and 41
The Municipality of Clarington asked for stronger recommendations for socio-economic
mitigation measures. The Responsible Authorities responded that these details will be
provided in the Follow-Up Program. However, there will need to be plans in place for socio-
economic mitigation strategies for pre, during and post construction of the new facility. This
is especially important for residents who are closest to the facility who have had concerns
about negative construction effects since the beginning stages of the Port Granby Project.
Many of these concerns have been documented in Public Comment Disposition Form as
well as through community meetings with the Atomic Energy Canada Limited. The
Municipal Peer Review Team development of a sample follow-up plan will likely address
these issues.
Comments 43, 44, 45, 46, 49,63
The Responsible Authorities maintain that the only complaints during the licensing and
construction process that will be from local residents will be due to chronic issues, which is
not necessarily the case. As with our concerns with adaptive management, a proactive
approach should be taken to monitoring concerns, particularly those that need an immediate
response.
Additionally, the Municipality of Clarington asked for new residents to be made aware of the
Project, which remains to be addressed. A more explicit mention of mitigation measures is
also required. We expect these changes to occur as the project develops.
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The Responsible Authorities responded that there will be a mechanism in place for
complaints resolution in the Follow-Up Program. The Municipality of Clarington does not
solely want communications and consultation (comment 46); an active monitoring role is
required with some provision for oversight and appeal. Both residents and the Municipality
of Clarington must be assured they have some ability to influence the Project activities
should there be off-site effects. This role is particularly important when it comes to
addressing an immediate complaint resolution process where work should cease because of
a~ off-site problem (comment 43). The Municipality of Clarington is in advanced discussion
Wlth Atonuc Energy Canada about the implementation of an effective complaints resolution
process.
2.2.5 Atmospheric and Radiation Monitoring
Issues pertaining to atmospheric and radiation monitoring that have been raised previously
by the Municipality of Clarington include the requirements fora Dust Monitoring Plan, truck
movement along the haul routes, high wind scenarios, ambient air quality and the mitigation
of noise impacts.
Comment 19
Excavation activities should not be initiated if high winds are anticipated. The Municipality
of Clarington recommended that high wind scenarios should be anticipated through an
onsite meteorological station and monitoring. The Responsible Authorities have chosen to
not accept the cautious approach of the Municipality of Clarington. The Municipality
recommended the cessation of activities when windy conditions occur. We continue to
believe that a more cautious approach should be taken and will continue to press for a
positive resolution.
Comment 52
The use of the As Low as Reasonably Achievable (ALARA) principle needs to be
strengthened as a critical component of design and operations. The aim of ALARA is to
minimize the risk of radioactive exposure or other hazards while keeping in mind that some
exposure may be acceptable in order to further the task at hand. The Municipality of
Clarington requested stronger references to the ALARA principle in the Screening Report.
The Responsible Authorities response in the disposition stated that a radiation protection
program would address the ALARA principle. They stated that this action would be added
to the Screening Report text to partially address the Municipality of Clarington's concerns.
Comment 56,57
The Municipality stated that 'monitoring of dust and radioactive material that moved outside
the fenceline was not cautious enough. We believe that the Responsible Authorities should
accept the Municipality of Clarington's request for "inside" of fence line monitoring.
Furthermore, the Municipality of Clarington does not agree with "at" fence line monitoring
as the result of failure of dust suppression would be dust going into the public realm.
The Municipality of Clarington specifically requested that the Screening Report include real
time atmospheric monitoring. The Responsible Authorities responded that the Follow-Up
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Program would be developed with the Municipality and stakeholders but did not provide any
further details on the implementation of an atmospheric monitoring program. Specific
detailed design documents should be identified to satisfy this request from the Municipality
of Clarington. The Municipal Peer Review Team will address this specifically in the sample
Follow-up Program.
Comment 58
Atomic Energy Canada Limited has the choice of using conventional road equipment or low
emission road equipment during the construction phase. The Municipality of Clarington
requested the use of newer low emission off-road equipment. The Responsible Authorities
stated that these vehicles would only be used in the Municipality of Port Hope due to
increased housing density. If the same contractor was retained for both Projects, it should
not be out of the question to request the same level of care be used in hoth Project
locations. Although Port Granby has fewer houses that will be directly affected by Project
activities, individual residents will still be affected to the same degree as those individual
residences in Port Hope.
Comment 62
The detailed design documents should specify the Canadian Nuclear Safety Commission
regulations that monitor radiation doses. The Municipality of Clarington requested details on
how radiation doses will be monitored. The Responsible Authorities responded that it will
not entail the sampling of local residents and actual methods would be described in the
Follow-Up Program. Additionally, this Program would to adhere to Canadian Nuclear Safety
Commission regulations. More details will be obtained before licensing.
3.0 Lessons for the Municipality of Clarington from the Port Hope
Project CNSC Licensing Hearing
The Port Hope Project has already had a Project licensing hearing (which took place on
August 26 and 27th, 2009) and is ahead of schedule of the Port Granby Project by
approximately one year. The Municipal Peer Review Team attended the Port Hope Project
hearing and noted the implications for the Municipality of Clarington. Lessons learned from
this process include emphasis on municipal involvement in determining procedures at hold
points and refIning the degree of community involvement in the facility licensing stage.
The Port Hope Project had three documents that were required for the licensing decision:
the Water Treatment Strategy, the Environmental Assessment Follow-Up Program Plan and
the Licensing Manual- all of which have been reviewed by the Municipal Peer Review Team
and accepted by the Municipality of Port Hope. The Port Granby Project has already had the
release of a Water Treatment Strategy document and we expect the release of the other two
aforementioned documents before the Port Granby Project licensing.
8
Review of Port Granby Screening Report
Hardy Stevenson and Associates Limited
October 2009
849
Additionally, the following licensing documents will be issued by Atomic Energy Canada
Limited prior to waste excavation and Long-term Waste Management Facility construction:
· Design Description Report
· Quality Assurance Plan
· Radiation Protection Plan
· Environmental Management and Protection Plan
. Emergency Management Plan
. Security Plan
. Fire Protection Plan
. Training Plan
· Occupational Health and Safety Plan
· Long-term Maintenance and Monitoring Plan
We have reviewed several licensing documents that have already been released for the Port
Hope Project and expect the release of similar documents for the Port Granby Project. We
are confident that the details that we have mentioned in our comments on the Screening
Report will be addressed in the forthcoming licensing documents.
4.0 Conclusions and Recommendations
In conclusion, we are satisfied with how our comments have been addressed in the
Screening Report. Furthermore, we agree with the recommended approval of the Project
and conclude that the Project as described in the Screening Report reflects the Project that
has been accepted by the Municipality of Clarington. However, there are actions arising from
the review of the Screening Reporf
We offer the following recommendations:
1) Municipality would work with Atomic Energy Canada to develop a thorough and
comprehensive follow-up program that would serve to mitigate and avoid effects, as
well as to confirm the accuracy of predictions of environmental effects and
effectiveness of mitigation measures.
2) Ensure that all licensing documents will be reviewed by the Municipality of
Clarington (See list in Section 3.0) and reports provided to Clarington Council.
3) Ensure a strong monitoring role for local residents as well as the Municipality of
Clarington.
9
Review of Port Granby Screening Report
Hardy Stevenson and Associates Limited
October 2009
850
C!!1[.-i!lgtnn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 19, 2009
Report #: PSD-098-09
File #: PLN 33.4
By-law #:
Subject:
AMENDMENT 3 TO THE LEGAL AGREEMENT FOR THE PORT HOPE AREA
INITIATIVE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-098-09 be received;
2. THAT the Agreement to amend the Agreement between the Corporation of the
Municipality of Port Hope, the Corporation of the Municipality of Clarington, and her
Majesty the Queen in Right of Canada as represented by the Minister of Natural
Resources be APPROVED;
3, THAT the By-law attached to this Report authorizing the Mayor and Clerk to sign the
Agreement to amend the Legal Agreement for the Port Hope Area Initiative, be
ADOPTED; and
4. THAT a copy of this report and Council's decision be FORWARDED to Natural
Resources Canada and the Municipality of Port Hope.
r'.....\
<--__....7('"
. // /. "l-
" //",1/ J1 A
Submitted by: /"',///,/1/IP....j.(
David ~<Crome: MCIP, RPP
Director of Planning Services
Reviewed by: ,) r-~~ ~
Franklin Wu,
Chief Administrative Officer
JAS/FL/df
7 October 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
851
REPORT NO.: PSD-098-09
PAGE 2
1.0 BACKGROUND
1.1 The Legal Agreement for the Port Hope Area Initiative defines the waste materials that
are to be cleaned up and accommodated in the new Port Granby long term waste
management facility, as follows:
· All of the Low-Level Radioactive Waste and the marginally contaminated soils at
the existing Port Granby Waste Management Facility, defined in the Agreement
as "Cameco Waste - Port Granby";
· Any Historic Low-Level Radioactive Waste located within Clarington as identified
by surveys to be performed by the federal government.
(Relevant definitions from the Legal Agreement, including the italicized terms above
are provided in Attachment 1 to this Report).
1.2 The Legal Agreement also defines the waste materials to be accommodated in the
new Port Hope long term waste management facility.
1.3 The Historic Low-Level Radioactive Waste to be identified by surveys includes the
approximately 4,000 cubic metres of marginally contaminated soils along Lakeshore
Road identified by the Low Level Radioactive Waste Management Office subsequent
to the signing of the Legal Agreement. These materials will be excavated and
accommodated in the new long term waste management facility.
1.4 Port Granby residents have expressed a concern that the presence of the new waste
management facility will encourage other waste not associated with the Port Granby
Project to be disposed of at the new site. Although the Legal Agreement specifically
defines the waste materials to be accommodated in the new facilities, the parties to
the Agreement have agreed to amend the Agreement to further clarify the matter.
2.0 OVERVIEW OF PROPOSED AMENDMENT
2.1 The proposed amendment states that "for clarity, only Waste located within the boundaries
of the Municipality of Clarington, as they existed on January 1, 2001, will be accommodated in
the New Clarington Waste Management Facility." A similar provision is also included for
the Municipality of Port Hope. The date in the proposed amendment corresponds to
the date on which the Town of Port Hope and the former Township of Hope were
amalgamated to create the Municipality of Port Hope.
2.2 By clarifying that no waste from outside the respective Municipalities can be
accommodated at the new facilities, the amendment supplements and strengthens the
existing guarantees in the Legal Agreement.
2.3 The amendment was prepared by the Municipality's solicitor and has been reviewed
by the South East Clarington Ratepayers Association, as well the solicitors for Port
Hope and Natural Resources Canada.
852
REPORT NO.: PSD-098-09
PAGE 3
3.0 CONCLUSION
3.1 Three copies of the signed Amendment will be forwarded to the Municipality of Port
Hope for approval and signature. Port Hope, in turn, will forward the Amendment to
Natural Resources Canada for final signature.
Attachment 1 - Relevant Definitions from Legal Agreement
Attachment 2 - Authorizing By-law
List of interested parties to be advised of Council's decision:
,we McCauley
Christine Fahey
Vito Binetti
Wayne Boucher
Walter Burman
Mr. T. Casha
Ray Coakwell and Frances Brooks
Rosemary Cooper
Marion and Stuart DeCoste
Frederic DeSourdy
Robert Edgar
Penny Ewington
Janice Fenton
Betty and Stephanie Formosa
Lori Graham
Luanne Hill and Mike Mamonko
Gord Jackson
Susan Kinmond
Maria Kordas-Fraser
Marc Landry
Jane Lawrence
Brian Layng
Eric Leeuwner
Michelle MacDuff
Gerry Mahoney and Bonnie McFarlane
Andrew McCreath
Joanne McNamara
Rupert and Kathy McNeill
Tim and Laurel Nichols
Dora Nichols
Carole Owens
Garfield Payne
James B. Robertson
Linda & Paul Ryerse
Sarwan Sahota
Ken Shrives
Barb Spencer
John Stephenson
Brad and Penny Stripp
Rob and Kim Studt
Midori Tanabe
Harvey Thompson
Rosemary Tisnovsky
Stan Tisnovsky
Julie Tutla
Richard Walker
Mary and Harry Worrall
853
Attachment 1
To Report PSD-098-09
RELEVANT DEFINITIONS FROM LEGAL AGREEMENT
Cameco Waste - Port Granby
. All the Low-Level Radioactive Waste and the marginally contaminated soil at the
Port Granby Waste Management Facility at the date of this Agreement.
Historic Low-Level Radioactive Waste
· The Low-Level Radioactive Waste other than Cameco Waste - Port Granby,
Cameco Waste - Welcome and Cameco Decommissioning Waste currently
situated in the Town of Port Hope, Clarington or the Township of Hope for which
the original producer cannot reasonably be held responsible and for which
Canada has accepted responsibility.
Industrial Waste
· The approximately 40,000 cubic metres of non-radioactive contaminated
materials, including soils, found at a number of sites in the Town of Port Hope as
more particularly described in Schedule 1 of this Agreement.
Low-Level Radioactive Waste
· Any of the radioactive waste products resulting from the processing of radioactive
materials in the Town of Port Hope by Eldorado now situate in the Municipalities,
including, but not limited to, chemical process wastes, contaminated industrial
trash, building materials and industriaJ equipment employed in the processing
activity as well as any soils that have become contaminated with radioactivity, all
of which, for regulatory purposes~ do not fall into the category of high-level
radioactive wastes and, without limiting the generality of the foregoing,
depending on the context in which it is used, can refer to Historic Low-Level
Radioactive Waste, Cameco Waste - Welcome, Cameco Waste - Port Granby
and Cameco Decommissioning Waste.
Waste
· Means Low-Level Radioactive Waste and Industrial Waste.
854
To Report PSD-098-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009 -
being a by-law to enter into an amending agreement between the Corporation of
the Municipality of Clarington (Clarington), the Corporation of the Municipality of
Port Hope (Port Hope), and Her Majesty the Queen in Right of Canada as
represented by the Minister of Natural Resources (Canada).
WHEREAS the parties to the Agreement for the cleanup and long-term safe
management of low-level radioactive waste between Clarington, Port Hope and
Canada (Legal Agreement) have agreed to amend the Legal Agreement;
AND WHEREAS the purpose of the Amendment, being Amendment No. 3 to the
Legal Agreement, is to clarify that no waste other than the Waste provided for in the
Agreement will be accepted at the New Port Granby Waste Management Facility or
the New Port Hope Waste Management Facility;
AND WHEREAS the terms of Amendment No. 3 to the Legal Agreement are
attached hereto as Appendix "A";
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Agreement to amend the Legal Agreement between Clarington, Port
Hope and Canada, being Amendment 3 and attached hereto as Appendix "A", is
hereby approved; and
2. THAT the Mayor and Clerk be hereby authorized and directed to sign the said
Amending Agreement and any related documentation to carry out the purpose of
the by-law.
BY-LAW read a first time this
26th day of
October
2009
BY-LAW read a second time this
26th day of
October
2009
BY-LAW read a third time and finally approved this 26th day of October 2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
855
AMENDMENT #3 TO
AN AGREEMENT FOR THE CLEANUP
AND THE LONG-TERM SAFE MANAGEMENT OF
LOW-LEVEL RADIOACTIVE WASTE
SITUATE IN THE TOWN OF PORT HOPE, THE TOWNSHIP OF HOPE
and THE MUNICIPALITY OF CLARINGTON
AMONG:
THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE,
A Municipal corporation pursuant to the Ontario Municipal Act
(hereinafter referred to as the "Municipality of Port Hope")
OF THE FIRST PART
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
A Municipal corporation pursuant to the Ontario Municipal Act
(hereinafter referred to as the "Municipality of Clarington")
OF THE SECOND PART
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by the Minister of Natural Resources
(hereinafter referred to as "Canada")
OF THE THIRD PART
WHEREAS the former Corporation of the Town of Port Hope, the Municipality of
Clarington and the former Corporation of the Township of Hope entered into an
Agreement for the Cleanup and the Long-Term Safe Management of Low-Level
Radioactive Waste situate in the Town of Port Hope, the Township of Hope, and the
Municipality of Clarington on March 29, 2001 (hereinafter referred to as the "Original
Agreement");
AND WHEREAS, as a result of municipal restructuring in the Province of Ontario,
effective January 1,2001, the Corporation of the Township of Hope and the Corporation
of the Town of Port Hope became the Municipality of Port Hope;
AND WHEREAS the parties amended the Original Agreement on October 7,2003;
AND WHEREAS the parties further amended the Original Agreement on October 20,
2006 (the Original Agreement as amended is referred to hereinafter as the "Original
Agreement As Amended");
AND WHEREAS the Municipality of Clarington has requested that the Original
Agreement be further amended to incorporate a provision to clarify that no waste other
than Waste provided for in the Agreement will be accepted at the New Port Granby
Waste Management Facility or the New Port Hope Waste Management Facility;
AND WHEREAS the Municipality of Port Hope, the Municipality of Clarington, and
Canada have approved this requested amendment;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Municipality of Port Hope, the Municipality of Clarington, and Canada agree to amend
the Original Agreement As Amended as follows:
1. Part B of Schedule 1 of the Original Agreement As Amended is further amended
in respect of the New Port Hope Waste Management Facility by adding to the
856
2
section respecting the Municipality of Port Hope, at the end of the text under the
sub-heading "Materials to be accommodated:" the following:
for clarity, only Waste located within the boundaries of the Municipality of
Port Hope, as they existed on January 1, 2001, will be accommodated in
the New Port Hope Waste Management Facility."
2. Part B of Schedule 1 of the Original Agreement As Amended is further amended
in respect of the New Port Granby Waste Management Facility by adding to the
section respecting the Municipality of Clarington at the end of the text under the
sub-heading "Materials to be accommodated:" the following:
for clarity, only Waste located within the boundaries of the Municipality of
Clarington, as they existed on January 1, 2001, will be accommodated in
the New Port Granby Waste Management Facility."
IN WITNESS WHEREOF this Amendment has been executed on behalf of the
Municipality of Port Hope, the Municipality of Clarington, and Canada by duly authorized
representatives.
The Municipality of Port Hope
Per:
Linda Thompson, Mayor
Susan Dawe, Municipal Clerk
October _, 2009
The Municipality of Clarington
Per:
Jim Abernethy, Mayor
October 26th, 2009
Patti L. Barrie, Municipal Clerk
Her Majesty the Queen in Right of Canada
Per:
Cassie J. Doyle, Deputy Minister
Natural Resources Canada
October _' 2009
857
C!![mgtnn
REPORT
PLANNING SERVICES
Meeti n9:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 19, 2009
Report #: PSD-099-09
File #: PLN 34.5.2.64
By-law #:
Subject:
FORMER BOYS TRAINING SCHOOL AND PRISONER OF WAR CAMP
2020 LAMBS ROAD, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-099-09 be received;
2. THAT the property identified as 2020 Lambs Road, Bowmanville, have buildings 1, 6, 7,
8 , 9, 10, 11, 12, 14, 16, 17, and 18 (as noted on Attachment 1) DELETED from the
Municipal Register of properties of cultural heritage value or interest;
3. THAT the demolition application for buildings 1, 6, 9, 10, 12, 16, 17 and 18 be
APPROVED at this time;
4. THAT all interested parties listed in this report and any delegation be advised of
Council's direction.
/\
I
Reviewed by: Q~~
ranklin Wu,
Chief Administrative Officer
Submitted by:
11 ,~~d_
Davi J. rome, MCIP, RPP
Director of Planning Services
FLlDC/df
14 October 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
858
REPORT NO.: PSD-099-09
PAGE 2
1.0 PURPOSE OF REPORT
1.1 The property identified as 2020 Lambs Road, Bowmanville covers over 40 hectares and
contains a total of eighteen buildings (Attachment 1). In January 2009, Council
approved placing all 18 buildings on the site on the Municipal Register to allow time to
determine an overall strategy to be developed for the protection and retention of some
of the buildings. The purpose of this report is to recommend buildings 1, 6, 7, 8, 9, 10,
11,12,14,16,17, and 18 be deleted from the Municipal Register; and the demolition of
buildings 1, 6, 9, 10, 12, 16, 17 and 18 be approved at this time. This would leave
buildings 2, 3, 4, 5, 13 and 15 on the Municipal Register.
The intent at this time for the remainder of the buildings being 3, 7, 8, 11, 13 and 14 is
to leave them in place until such time as either a use is determined for them or the
liability related to retaining them becomes to great a burden for the developer and they
apply for demolition (Attachment 2).
2.0 PROPERTY HISTORY AND ARCHITECTURAL SIGNIFICANCE
Prooertv Ownershio History
2.1 The 40 ha (100 acre) parcel farm at 2020 Lamb's Road adjacent to Soper Creek was
formerly the Darch Farm prior to its donation to the Ontario government in the early
19205 by J. H. H. Jury for the purpose of establishing a boys training school.
2.2 The Boys Training School officially opened in August of 1925. Various buildings were
constructed over the next several years, by Government of Ontario. Archival records
indicate that the first dormitory was built in 1925, a gymnasium and swimming pool
building was built in 1927, a large triple dorm in 1928 and a hospital in 1937. In 1939 the
facility was renamed to the Ontario Training School for Boys.
2.3 During World War II the property was taken over as a German Prisoner of War camp,
known as Camp 30, by the Department of National Defence. New temporary dormitories
were added and the site housed up to 800 detainees who were mainly officers of the
Third Reich. There was an uprising at the Camp following the Dieppe raid in 1942 when
an order was issued to manacle German POWs housed in camps across Canada.
Historically recorded as the "Battle of Bowmanville", the uprising lasted for three days
until it ended with the assistance of the Royal Canadian Ordinance Corps from
Kingston. This uprising is the only known battle of its kind and has national significance.
Occupation of the Training School as Camp 30 ended in April of 1945.
2.4 Use as a Training School resumed, name changes happened and other changes
related to the philosophy of dealing with young offenders eventually saw the elimination
of Training Schools in Ontario. In 1979, the Pine Ridge School, at the time, closed. The
province offered the property to the Municipality at fair market value in 1983. The
Council of the day declined, citing acquisition cost, cost of maintenance, building
renovation costs, other operational matters and the distance of the facility from the
residential area of Bowmanville. Council offered the Province a nominal amount for the
buildings and property which was declined by the Province.
859
REPORT NO.: PSD-099-09
PAGE 3
2.5 On October 7, 1983 the Ministry of Government Services accepted an offer from How
Kheng Ang, in Trust, to purchase the school. The transaction closed in February of
1984 and the facility reopened as a preparation school for Malaysian students entering
Canadian universities which functioned until April of 1986. The Members in Christ
Assemblies of Ontario purchased the site in 1987 and leased a portion of the property
for the St. Stephen's Catholic Secondary School which opened in September of 1988.
While the property was privately owned 1987-2008, the sports fields were used by many
of the recreational leagues in Clarington.
2.6 In 1999 the property was sold to the Sea Land Holdings Corporation and became
known as the Great Lakes College which was home to students from Hong Kong.
During the time Sea Land Holding Corporation owned the property from 1999 to 2005,
they filed an application (in 2002) for an Official Plan amendment which proposed to
delete the Community Park in favour of an Urban Residential designation and to change
the Future Urban Residential designation to Urban Residential. A number of
modifications and studies were required prior to staff accepting, as complete, the Official
Plan amendment application. The requirements for a complete application were not
submitted and the file was later closed.
2.7 In May of 2005 the property was sold to Madressa Ashraful Uloom. The school
functioned as an Islamic University called Darul Uloom under the ownership of
Madressa Ashraful Uloom. In January of 2006 the Region of Durham received
applications for consent to sever the areas north and south of the buildings thereby
proposing to split the property into three relatively equal parcels. The Kaitlin Group
proposed to acquire the northerly and southerly parcels for future development
purposes. Planning Services Staff supported the severance application as the northerly
and southerly parcels are within the boundary of the Bowmanvile Urban Area and the
valley lands were to be dedicated to the Municipality as part of the severances. The
applications were approved on March 13th, 2006 but the conditions of approval were not
fulfilled, the approval has lapsed.
2.8 In February, 2007 the property was purchased by Lambs Road School Property Ltd.
(Kaitlin). Darul Uloom, the Islamic University continued to operate until they relocated in
October of 2008. The private sewage treatment system for the site had failed and
orders from the Ministry of the Environment with regard to sewage treatment meant that
either costly repairs or replacement to the private system had to be undertaken or a
sewer line from the municipal system had to be extended.
Architectural Sianificance
2.9 The architecture and campus of the Boys Training School buildings at 2020 Lambs
Road were designed as a provincial showpiece. The buildings form a collection of styles
indicative of their construction dates between approximately 1925 and 1940. The
buildings were and still are impressive and noteworthy.
2.10 Buildings such as the cafeteria (5), and dormitories (2, 3, 15) represent an unusual
collection of buildings in the Prairie style of architecture. This style is underrepresented
in Ontario and Canada at large, with few examples ever built, let alone retained.
Characteristics of the style include a strong horizontal character, heightened by long,
gently pitched rooflines and other linear elements complementing the flatness and
860
REPORT NO.: PSD-099-09
PAGE 4
openness of the prairies. The style matured under the leadership of Frank Lloyd Wright
and his associates emanating from his Oak Park, Illinois studio. Decoration consisted of
geometric with strong horizontals, rectangles, squares and occasional vertical elements.
These characteristics are well represented in the buildings at 2020 Lambs Road, as a
collection they hold architectural and contextual significance. Of note in these buildings
is the central clerestory levels which heightened the central space of the interiors and
provided natural lighting while maintaining a strong horizontal character.
2.11 The hospital (infirmary) (4), the triple dorm building (2) and dormitories (3, 15) are more
traditional in style with peaked roofs and sash windows, but with brick and stucco
fa<;ades they make reference to Arts and Crafts houses as well as loose references to
the Prairie style of the other buildings.
2.12 A number of the other buildings (7, 8, 11) are functional with references to the
International style and modernism that arose in Europe in the 1920s and 30s. The
emphasis of function over form for this type of architecture suited these buildings which
were used for workshops, storage and garage facilities.
2.13 The architects responsible for the buildings where the Government of Ontario,
Provincial Architect's Department. Many noteworthy architects interned and practiced
with the government, some for their entire careers. There are good records for
Government of Ontario buildings and the original drawings exist for many of the
buildings of the Bowmanville Boys Training School. From these records the architects
that had the most influence over the buildings and style are F.R. Heakes and George
White; however, others such as George Williams also had a hand in the overall design,
although few of his buildings remain today.
2.14 Francis Riley Heakes (1858-1930) was appointed Chief Architect of the Provincial
Architect's Department in 1896 and held the post until his death in 1930. The Ontario
Archives hold drawings for virtually all provincial buildings executed under his
supervision from 1896 until 1926. For the Boys Training School he is responsible for
two Dormitories (3, 15) and Dining Hall (cafeteria) (5), 1925; Medical Superintendents
Residence, Fire Hall, 1926; Boiler House & Heating Plant, 1928; Gymnasiusm &
Swimming Pool (13), 1929.
2.15 George N. White (1874-1964) served as Chief Architect for the Province of Ontario from
1934 until 1942 and was directly responsible for the design and construction of buildings
erected for provincial use during this period. Born in Dundee, Scotland in 1874 he was
educated at the Glasgow School of Art and at Heriot Watt College in Edinburgh. In 1911
he emigrated to Canada and obtained a position with Darling & Pearson, the largest
architectural office in Toronto, and remained with them until May 1913. At that time he
joined the staff of the Provincial Architect's Dept., working directly under the supervision
of F.R. Heakes, who trained him as his chief assistant over the next fifteen years. When
Heakes retired in late 1926 White was appointed Acting Provincial Architect, a post he
held until 1934 when he assumed the post of Provincial Architect. His works in
Bowmanville at the Boys Training School included the Hospital (Infirmary Building) (4)
and oversight of other buildings built while he was Chief Architect.
861
REPORT NO.: PSD-099-09
PAGE 5
CUffentProperly/ssues
2.16 In the fall of 2008, the Emergency and Fires Services Department notified the Kaitlin
Group that they were to secure the buildings, provide security and fire protection
capability. The Fire Chief met with a representative of Kaitlin and made suitable
arrangements to keep a water supply to the fire hydrants in the event of a fire. Water
system schematic drawings have been provided to Kaitlin and all water to the buildings
has been shut off, as have the gas and hydro. The Ministry of the Environment had
been involved with a leak from the sewage treatment plant to the creek and continued to
monitor the situation.
2.17 The Municipal Law Enforcement Division issued an "Order Requiring Compliance" on
December 11, 2008 relating to three areas of concern, the railings on the dam, the
broken and dilapidated fencing around the property and the vacant buildings. Municipal
Law Enforcement has indicated that the remedy for the vacant buildings is to have them
secured.
2.18 On March 28th, 2009 the former administration building (14) and gymnasium/pool
building (13) sustained substantial damage from a fire. Many of the buildings have
been vandalized which has prompted liability concerns and other safety and security
Issues.
2.19 Municipal Law Enforcement note that the buildings have seen repeated vandalism
including damage to the boarded up doors and windows. Any exposed windows are the
subject of ongoing breakage. Kaitlin maintenance staff have indicated that at least one
of the buildings on site is broken into daily. As such, the buildings that are to be kept will
require more stringent security. Kaitlin retained John Semjan an engineer to determine
the structural integrity of the fire damaged buildings. The buildings are not damaged
beyond repair and the structural integrity has not be compromised to date, he has
recommended that barricading the entrances with steel plate doors in place of plywood
or seal the openings with concrete block.
3.0 PROTECTING CULTURAL HERITAGE RESOUCES
3.1 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
or preservation, restoration and utilization of Clarington's heritage resources. The
Provincial Policy Statement states that significant built heritage resources and
significant cultural heritage landscapes shall be conserved.
3.2 The Clarington Heritage Committee (CHC) reviewed the architectural and historical
significance of the property between 2002 and 2004 and deemed it worthy of
designation. However, the owner at the time did not wish to be designated.
3.3 The CHC reaffirmed its recommendations in the fall of 2008 that the buildings were of
architectural significance and under the recent updates to the Ontario Heritage Act that
the site also met the requirements for a cultural heritage because of its significance
862
REPORT NO.: PSD-099-09
PAGE 6
locally, provincially and nationally. The CHC supported the staff recommendation that
the site be added to the Municipal Register. The CHC continues to provide support for
the municipal designation of the site. An educational session was held at its meeting in
April21, 2009 to assist with community education of the unique history of this site.
3.4 In January of 2009, Council listed the property (which includes 18 buildings) on the
Municipal Register. This gives Council 60 days to review the demolition application,
once it is received, during this time Council could initiate the heritage designation
process (Attachment 4). Council has requested the Provincial and Federal agencies
charged with protecting cultural heritage resources become involved in this issue. In
addition, Council have conceptually supported the formation of a "friends of' group.
3.5 Kaitlin, Municipal Staff and the Executive Director of Clarington Museums have been
working towards an understanding of the property's history, its potential for development
and opportunities for partnerships with other conservation agencies. Kaitlin has been
working with Planning Services to advance the development opportunities for the
southern third of the property, the portion that is currently designated community park in
the Official Plan. The remainder of the site cannot be developed at this time as it is part
of Future Urban Residential. The redesignation of the Future Urban Residential will be
considered in the context of the municipally undertaken comprehensive review and
update of the Official Plan that is underway.
3.6 Ongoing communication with the Ontario Ministry of Culture and federal Ministry of
Environment (Parks Canada and Heritage Properties) has led to a better understanding
of the role these agencies are likely to play in any potential preservation and whether
funding will be available. A number of grant programs exist and are being explored.
3.7 Based on a letter Kaitlin has received from the Historic Sites and Monuments Board of
Canada, they authorized the Municipality through the Clarington Museums and Archives
to prepare the necessary documentation to seek national designation of the site. While
national designation is a great honour it does not place restrictions on the land owner.
All sites are commemorated through the installation of a bronze plaque. Parks Canada
may also provide financial assistance to owners such as incorporated not-for-profit
organizations, other levels of government and aboriginal organizations. A recipient can
receive up to a maximum of $1,000,000 as long as it is 50% of eligible costs incurred in
the conservation and presentation of a national historic site.
3.8 Council received a delegation on July 13th, 2009 that provided them with a petition that
contained over 800 signatures and also informed them that a Clarington branch of the
Architectural Conservancy of Ontario (ACO) had been formed "to preserve our history
and to educate the public on the heritage of our area". One of the first priorities of this
ACO branch is the preservation of Camp 30, the last remaining intact German POW
camp in Canada.
3.9 During the regular CHC meeting on September 15th, 2009 the buildings at 2020 Lambs
were reviewed with the Committee members. As a result of the review the following
resolution was passed:
863
REPORT NO.: PSD-099-09
PAGE 7
"That with regard to 2020 Lambs Road the Clarington Heritage Committee
recommends buildings 1, 6, 9, 10, 12, 16, 17 and 18 as noted on the
attached map for removal from the Municipal Register at this time given
their condition and the lack of significant historical significance."
At the time the request from the developer to remove all the buildings except for 2, 3, 5
and 15 had not been received. It is staff's understanding that the committee was under
the impression that the removal of the buildings from the Municipal Register also
implied approval of demolition.
4.0 COMMENTS
4.1 The concept for the future of the 2020 Lambs Road property that is being pursued by
Kaitlin with the assistance of staff at this time breaks the 100 acre property into thirds.
The southern and northern thirds would be developed with a mix of hpusing. The
middle third would be transferred to the Municipality as a district park with reuse of key
buildings for community use and other agencies. Involving a number of agencies and
providing space for training opportunities and not-for-profit organizations is being
explored to determine viable uses for the buildings.
4.2 Kaitlin has indicated that despite their efforts to secure the property it is continually
being vandalised. Staff understand Kaitlin's desire to minimize costs, and determine a
future use of the buildings and property that is beneficial to both the developer and the
Municipality. Staff are working with Kaitlin to develop plans that protect some of the
heritage resources on the 2020 Lambs Road site. At this point it is unknown if the
federal government has an interest in protecting World War II history and what role they
may play in the conservation of this site.
4.3 The Provincial Minister has the ability to protect the site but appears reluctant to use her
power and name the site a Provincial heritage site, this designation which would afford
the site the most protection. The Minister of Culture has recommended municipal
designation (Attachment 3). The only buildings that Staff believe should be designated
under Part IV of the Ontario Heritage Act are the triple dorm (2), hospital (4) and
cafeteria (5). However, it may be better to wait until the future of the other buildings is
better understood as designation as a heritage district, under Part V of the Act may
better suit the long term use of the property, which at this time is still being determined.
4.4 Kaitlin, Clarington Museums and Municipal staff have met and worked out a
recommendation for which buildings should be demolished at this time. The remainder
of the buildings will continue to be boarded up and mothballed. At some point in the
future as the time line for development of the more northern portions of the site becomes
more defined, the decision on whether to refurbish or demolish the remaining buildings
can be taken. This also allows time for other agencies to come forward with proposals
for reuse of these buildings which mayor may not fit into the longer term plans of the
Kaitlin Group and the Municipality.
864
REPORT NO.: PSD-099-09
PAGE 8
4.5 At this time, although the CHC has recommended only certain buildings be removed
from the Municipal Register staff believe it would better serve the developer and
Municipality to remove from the Municipal Register, the majority of the buildings,
retaining the triple dorm (2), Kiwanis dorm (3), hospital (4), cafeteria (5),
pool/gymnasium (13) and Jury House dorm (15). Attachment 4 and 5 are a building
conditions chart and photographs of the various buildings on site. The buildings
recommended to remain on the Municipal Register are the most historically significant
and it is anticipated that future uses for them can be determined as part of the overall
subdivision plan Kaitlin has been working on. The buildings recommended for
demolition (1, 6, 9, 10, 12, 16, 17 and 18) at this time are dilapated or in poor condition
and have very limited significance both architecturally and historically. The remainder of
the buildings (7, 8, 11, 13, 14 ) which are not recommended for demolition, at this time,
may serve a purpose as the plan is developed.
4.6 The developer and Staff are working with a final year studio class at Ryerson University
to help alternatives for the long term use of the site. In addition, a one-day summit with
individuals interested in the revitalization and economic development sector is being
planned with the Clarington Board of Trade to help stimulate interest and ideas for the
reuse of the Boys Training School Site.
4.7 Kaitlin has requested Staff assist with the preparation of documentation for national
designation. National designation does not afford protection to the buildings, rather it
commemorates the site and its history. It does bring with it the ability to access funds for
refurbishment.
5.0 CONCLUSION
5.1 This property is of national, provincial and local significance. The Federal and Provincial
governments are being kept informed of the Municipality's efforts and
recommendations. It is hoped that funding can be obtained through some of the grant
programs currently being made available for both the development of a concept and
strategy to help renew the property and also for refurbishment of specific buildings.
5.2 It is Kaitlin's intention to develop the property for residential purposes at some point in
the future. Staff will continue to work with the Kaitlin Group to develop an overall
strategy for how the significant heritage resources could be protected for the longterm.
5.3 The "friends of' group that has been formed, the Clarington Branch of the ACO has
been kept informed of the process. It is hoped that they will be able to pursue other
opportunities that may lead to the retention of the specific buildings or portions of the
site as a heritage resource.
5.4 A summit involving a number of community and business leaders to be held early in
November is an opportunity to explore alternative uses for the buildings at 2020 Lambs
Road with the ultimate aim being conservation of the architectural legacy of Camp
3D/Boys Training School.
865
REPORT NO.: PSD-099-09
PAGE 9
Attachments:
Attachment 1 - Map of 18 buildings, Aerial of 18 buildings
Attachment 2 - Kaitlin letter
Attachment 3 - Heritage Designation Process
Attachment 4 - Building conditions chart
Attachment 5 - Photographs of buildings
List of interested parties to be advised of Council's decision:
Barbara Karthein
Nicolette Lafave
Eric Walters
Carleen Attersley
Steve Gusterson
Cheryl Tibbetts
Capt. R. C. McGuire
Cheryl Marek
Nancy Hamer Strahl
Barbara Kerr
Mark Birdsall
Mrs. Hamer-Strahl
R&TAlj
Peter and Wendy Mooney
Rita Edgell
Rose McGuire
Raymond Smith
Sgt. Brett Devries
Margaret Clayton
Kristina Thomas
Sara Weales
Catherine Starr
Joanne Laton
John C. Schneider
Richard Vandyk
Teresa Miceli
Nancy M.A. Leask
Melanie Gaudet
Lauri Richards
Roy Richards
Laura
Dave Watt
Teresa Miceli
Terry Myles
Stephen Burns
Dennis Brooklebank
Ann Beley-Corrigan
Aaron Wickens
Nicole Belej-Corrigan
Peter
David Lockwood
Charlynne Jourard
Steffi Nathan
Gary Nathan
Kim Gleason
Jim Corrigan
Joan & Blain Moffat
Cecil & Betty Morrison
Bernice Puk
Connie Puk
Ron Alldred
Stephen Brickell
Peter Brickell
Margaret Ford
Randy McDougall
Jason Moore
Joan rene
Quenten Majoor
Barry Majoor
John Armstrong
Grant Humes
Clark Morawetz
Marilyn Morawetz
Ki m Frattu ra
Ron Titley
Thomas Royle
Sandra Stainton
E. Stutt
Gail Preston
Jenna & Suzanne Fallis
Robert & Christel Schwirtz
Petra Schwirtz
866
REPORT NO.: PSD-099-09
PAGE 10
Garth Gilpin
Paul Cormack
Philip Ford
John W. Royle
Mathew Ferguson
Paul Cairns
Joan Kellett
Mathew P. Ferguson
Hugh Laing
Donna Hilditch
Gail Guthrie
Terry Price
Nancy Milner
Jim Shosenberg
Martina Kirkwood
Gabbie Kirkwood
Jim & Corry Kamstra
Hewitts'
Lynda Armstrong
Jack Gordon
Barry Russell
Mary Tillcock
Tina & Maurice Bachand
Rolf Piro
Harold Parnham
Despina Chymeftos
Danna Levinson
Andrew A. Horton
Trevor Hutchinson
Alexander Filip Josic
Heinz Nitschke
Bobbi- Jo Penny
Clarington Museums and Archives
Ministry of Culture
Ontario Heritage Trust
CHC
Lynn Phillip Hodgson
Bev Oda, MPP
867
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2020 Lambs Road
Owner: Lambs School Property Limited .
869
September 30, 2009
Ms. Faye Langmaid
Planning Services Department
The Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Dear Ms. Langmaid
Re:
Request for Demolition Permit Issuance
2020 Lambs Road - Bowmanville
Further to our earlier discussions with Staff, we would respectfully request consideration
to remove certain of the buildings at the above-noted address from the Municipal
Registry of Heritage Properties.
Should Council approve this request, it would provide that 4 buildings would remain on
the registry with no immediate intentions for demolition. Of the remaining 14 listed
buildings, once removed from the registry, a number of them which have no
demonstrated heritage value, may be demolished in the near future. The potential
demolition of remaining buildings removed from the registry, may be deferred to provide
time to assess potential opportunities for re-use.
Planning applications will be shortly be submitted to the Municipality that will provide
for future opportunities for certain of these buildings to come under public ownership.
The buildings that would be subject to the current request are noted on the attached
schematic plan of the property.
We understand that for a demolition permit to be issued for these buildings, Council must
remove them from the Municipal Registry of Heritage Properties.
It would be appreciated if Staff could consider this request and prepare the necessary
report for Council's consideration.
Should you require further discussion of this matter, please do not hesitate to contact the
undersigned.
Yours very truly
870
Attachment 3
To Report PSD-099-09
Heritaae Desianation Process
In accordance with the provisions of the Ontario Heritage Act, initiation of the designation
process begins with Council authorizing the Clerk to give Notice of intention. Council is to
consult with the CHC before giving the Notice prescribed. The Notice is to be served on the
owner and is to be published in a newspaper having general circulation in the municipality and
is to include a statement that notice of objection to the designation may be served on the Clerk
within 30 days after the date of publication. If there is no objection council can pass a by-law
designating the property. Objections to the designation are to be referred to the Conservation
Review Board for a hearing.
The Conservation Review Board will hold a hearing and within 30 days of the conclusion of the
hearing will report to Council with its recommendations. Upon considering the report Council
can pass a by-law designating the property. A copy of the by-law, together with a statement
explaining the cultural heritage value or interest of the property and a description of the
heritage attributes of the property is served on the property owner and the Ontario Heritage
Trust, is registered on the title of the property, and the notice of the by-law is published in the
local newspaper. Should Council not wish to proceed with designation the Notice of intention
to designate is withdrawn and a notice of withdrawal is served on the property owner and the
Ontario Heritage Trust, and is published in the local newspaper. The decision of Council is
final with regards to Part IV of the Ontario Heritage Act. The Province has other measures and
powers to pursue designation.
If a Notice of Intention to designate is given under the Ontario Heritage Act any permit that
allowed for the alteration or demolition of the buildings on the property would be void as of the
day the Notice of Intention is given and the property is treated as if it is designated.
Owners of designated properties cannot demolish or remove buildings from a property unless
they apply to Council and receive consent in writing. Council has 90 days to review the
application. This period can be extended upon agreement between the owner and Council.
Council is to consult with the heritage committee and may consent to the application, consent
subject to terms and conditions, or refuse the application. Notice of Council's decision is
served on the owner and the Ontario Heritage Trust, and is published in the local newspaper.
If Council refuses the application to demolish or remove a building, or approves the application
subject to terms and conditions, the property owner can appeal Council's decision within 30
days of receiving notification. Appeals filed with the Municipal Clerk and the Ontario Municipal
Board. The OMB will hold a hearing and may order that the appeal be dismissed, or that the
Municipality consent to the demolition without terms and conditions, or with the terms and
conditions set by the OMB. The decision of the Ontario Municipal Board is final.
871
Attachment 4
To Report PSD-099-09
Building Date, Architect Description Highlights Remove Demolition
Description from Register
Number
i Soccer Not on the 1958 One-storey building, sports n/a Yes Yes
I
I Building aerial storage.
i 1
I
\ Triple Dorm 1928 The triple dorm buildings are more Building that "Great Escape" was No No
I (House IV) traditional in style with peaked carried out in. A competition
I 2 roofs and sash windows, but with between the Navy and Air Force and
brick and stucco fa<;ades they they were digging two different
i make reference to Arts and Crafts tunnels to see who would escape
I
!
i houses as well as loose references first both being dug from House IV.
I
I to the Prairie style of the other One was discovered when a
I
I buildings.
I gardener put his shovel through the
I
I earth and through the roof of the
i Building originally contained only
I tunnel. Navy's tunnel was
I two main interior dividing walls thus
I discovered when the ceiling
I creating three sections or houses
I collapsed from the weight of the
I for the boys. Within each section
I there are half walls to provide earth the day before the planned
i privacy to the occupants while escaped and the Air Force tunnel
i
I maintaining a open concept in the was discovered when Canadian
i
, building. Guards were probing the ground
I
I with an auger looking for tunnels.
Now used by Durham Regional
Police for dog training.
Kiwanis House 1927 Dormitory (see comments under Kiwanis donated funds toward the Not at this time No
I (House V) F.R. Heakes 5 and 15). Used as a dormitory boys school which is why the
I 3 and a program building. Also building was named after them.
I
, contained five maximum i
. confinement rooms for boys.
I
(Xl
-....]
N
Building
Description
Number
Infirmary
(hospital,
general's
house)
4
Dining Hall.
Cafeteria
5
-...J
W
Date, Architect
1937
George White
1924
F. R. Heakes
Description
Highlights
Prairie style of architecture.
Fireplace in office is of roman
brick and was originally gas
powered from the gas struck
during the building of the site
which fueled the district heating
system.
Buildings (cafeteria, hospital, jury
house) represent an unusual
collection of buildings in the Prairie
style of architecture. This style is
underrepresented in Ontario and
Canada at large, with few
examples ever built, let alone
retained. Characteristics of the
style include a strong horizontal
character, heightened by long,
gently pitched rooflines and other
Where the highest officer's were
housed during WWII (general's
house).Also provided dental care.
When girls were transferred into the
training school, this was their
dormitory on the ground floor.
Basement had hobby rooms
including photographic dark room
General Von Ravesnstein was one
of the generals housed here. He
fought under Rommel in the African
desert as commander of the 21 st
Panszer Division. He was the
POW Camp Commander General
Schmidt is the other General who
was at the Camp. paws also
remember a General Friemel in
their accounts of the Battle of
bowmanville. They were the
hi hest rankin paws in Canada.
Battle of Bowmanville main site,
where the prisoners used garden
hoses connected to heating system
to dose guards and drive them
back. This building was built to
house 300 diners in anticipation of
the future use of the site even
though there were only 16 boys at
the school when it opened in
August 1925. This was one of the
buildin s in which paws
Attachment 4
To Report PSD-099-09
,Remove
.. ;from:iRegister
No
No
.;~.Dernolitipn\
,.., '..'",;.;
No
Attachment 4
To Report PSD-099-09
Building Date,. Architect Description . Highlights Remove ~: .. ; Demolition
..
Description from Register
Number
linear elements complementing the barricaded themselves during the
flatness and openness of the Battle of Bowmanville. One POW
prairies. Of note in this building is Petrenko recalls the Canadian
the central clerestory level which Guard breaking in through the
heightened the central space of the windows around the top of the
interiors and provided natural building and them rappelling down
lighting while maintaining a strong the interior walls to fight with the
horizontal character. Over the paws. Officers ate in the main
years this building has undergone part of the cafeteria. A temporary
only minor changes and remains addition on the side of the building
intact as built in 1924. This is the was where Other Ranks ate.
first structure built on the site.
Greenhouse 1931 and 1972 Two adjoining brick buildings that No particular historical relevance. Yes Yes
Buildings would be the boiler house and The greenhouses were used by
6 potting shed of the greenhouses. paws to grow their own food
Both have full basements.
Fire Hall/ 1927 Built in the International style, has Yes Not at this
Maintenance I distinctive brick columns along time
Carpentry outside of building.
Shop
7
I Library/Storage I 1950 Stores building. Loading dock on Yes Not at this
8 west wall for shipments. time
Storage On 1958 aerial Storage Yes Yes
9
I Storage 1949 Storage/electrical Yes Yes
Generator/
electrical I
I 10
co
~
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Attachment 4
To Report PSD-099-09
Building Date, Architect - Description Highlights Remove Demolition
,
Description from Register
Number
Industrial Arts 1926 Functional Building with vague Originally a two storey, experienced Yes Not at this
(vocational references to the International style a fire in the late 1960's and has time
shops) and modernism that arose in been a single storey since that time
11 Europe in the 19205 and 30s. The and was re-constructed in 1962 as
emphasis of function over form for single story with minor addition on
this type of architecture suited east wall. In 1969 a second
these buildings which were used addition was built on the north wall i
, for workshops, storage and garage
i
I facilities
I Shed Not on 1983 Appears on 1988 aerial. Is a Delapidated. Rotted and falling Yes Yes
I 12 tender schedule weathered plywood shed with no apart, needs to be demolished
!
'A' foundation. before it collapses on its own.
Gymnasium! 1929 F.R. One of the first indoor pools built Fire damaged, pool no longer Not at this time No
Pool Heakes in Canada. 1976 addition (at rear meets regulations for a swimming
(Natatorium) 1927 (addition in of building) was mens and ladies pool with regard to deck area, etc.
13 1976) change rooms Gym has hardwood floor -
regulation size basketball court.
Pool was used actively by
community members and many
learned to swim here.
Administration 1928 F.R. Main administration building on Fire damaged from 4 separate fires Yes Not at this
Building Heakes the site. Also had auditorium with this year alone. The Used by POWs time ***
(Ferguson 1964 (addition) stage. Early use of steel beam for theatrical presentations
Hall) construction in Bowmanville. including intricate puppet shows.
14 Used by Boys Schools for
assemblies, performances (theatre
and music) and presentations.
Upper floor housed POWs
I (Petrenko) - Officers only
co
-..J
(Jl
Attachment 4
To Report PSD-099-09
I Building Date, Architect Description Highlights Remove Demolition
Description , from Register
i Number
I Jury House 1924 An unusual collection of buildings Named after Mr. J.H.H. Jury who No No
,
15 F.R. Heakes in the Prairie style of architecture. donated the Oarch Farm to Alex
1925 This style is underrepresented in Edmison in order to establish a
Ontario and Canada at large, with Boys Training School in 1922.
few examples ever built, let alone Used as a dorm for both boys and
retained. Characteristics of the paws. Could house up to 36
style include a strong horizontal occupants. It was an Officers
character, heightened by long, Dormitory when Camp 30
gently pitched rooflines and other
linear elements complementing the
flatness and openness of the
prairies. Of note in this building is
the central clerestory level which
heightened the central space of the
interiors and provided natural
lighting while maintaining a strong
horizontal character.
I
I
Sewage Plant 1958 Sewage Plant failed in 2008 and Yes Yes, if not
16 order was issued by MOE connected to
Soper Creek
Sports I 1968 Change House for the former Ice n/a Outdoor hockey pad was in Yes Yes
Change house i Hockey Rink front of this building I
17 I I
i
i Pump House I 1963 Works included the Dam on The site is on municipal water. Yes Yes, building I
I I
I :
& Reservoir j Soper Creek and reservoir. only I
18 I
i
I I ..J
())
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OJ
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Attachment 4
To Report PSD-099-09
***
This building has been the subject of repeated vandalism with 4 separate fires started in the building this year.
The roof and upper floor have collapsed and the steel beams
have warped from the heat. The Kaitlin's Engineer has submitted an unstamped letter of opinion. A current
serious safety hazard to anyone that enters the building is the
debris that has accumulated on the main floor as a result of the fire. Further the structural condition of the
main floor is not known and may pose a safety concern considering
the additional loading of the above noted material which is saturated with water.
While the Engineer does not declare the building unsafe he does highlight serious concerns
over the state of the building. The building remains open to the elements and will therefore
continue to decay. Unless someone is willing to undertake the massive job of rebuilding the
structure it will, at some time, succumb to natural decay and rot and will have to come down
regardless.
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880
Cl~-wgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 19 2009
Report #: PSD-101-09
File #: PLN 34.5.4.10
By-law #:
Subject:
ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL
HERITAGE VALUE OR INTEREST
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-101-09 be received;
2. THAT the stone house located at 1592 Prestonvale 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.
/\/'
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Submitted by: / /0 /;1/
David . Crome, MCIP, RPP
Director of Planning Services
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Reviewed by~" v Vv ~ '.,'
~ranklin Wu,
Chief Administrative Officer
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IL/FL/df/av
13 October 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
881
REPORT NO.: PSD-101-09
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 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. In addition, the
Act permits the Register to include properties the Council believes to be of cultural
heritage value or interest but are not designated. Council is to consult with its heritage
committee prior to adding a property to the Register or removing a property from the
Register.
1.3 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.
1.4 The Municipality's Register currently contains eighty-nine properties, eighty-two have
been designated under the Ontario Heritage Act and seven are non-designated
properties.
2.0 ADDITION TO MUNICIPAL REGISTER
2.1 The property identified as 1592 Prestonvale Road is owned by the Worden Estate.
There is a stone house located on a one acre lot which has been identified in the
inventory of cultural heritage resources as a building of Primary heritage value. Thomas
Worden is shown as the owner of the property on the 1861 Tremaine map and the 1878
Township map in Belden's Atlas. The house was built circa 1850 in a Regency cottage
design and is constructed of rubble fieldstone. The property is located in South West
Courtice across the street from the South Courtice Arena and there is new residential
development to the north, west and south (Attachment 1). The Planning Services
Department has received a demolition sign-off sheet for the property. An application to
demolish the building has not been submitted to date.
882
REPORT NO.: PSD-101-09
PAGE 3
2.2 In 1995 plan of subdivision application 18T-95023 was filed to develop the lands
surrounding this property. As the Worden site was under separate ownership the plan
of subdivision did not include the lot, however, the subdivision was designed so that the
property could be incorporated in the future. Attachment 2 shows that the Worden
Estate lands are surrounded on three sides by lands owned by 289143 Ontario Limited
who are the developers of the plan of subdivision.
2.3 The executor of the Worden Estate has provided a written submission in Attachment 3
in regards to their intention to demolish the building stating the following:
. The house has been vacant for approximately 2.5 years
. No family member has an interest in residing in the home
. Attempts to sell the property have been unsuccessful due to location and interior
condition
. Moving the building may not be practical or possible
. Insurance will not be provided after November 10, 2009
. Interior fixtures has been removed in preparation for the demolition
. The intention is to sell the property as vacant land so that it can be developed for
new residential use
2.4 The South-West Courtice Secondary Plan of the Clarington Official Plan identifies the
building as one of two Heritage Houses on Map A. Section 4.2 of the Secondary Plan
states that it is the intent of Council to ensure the conservation of these structures and
the appropriate integration of adjacent residences. Council may require the preparation
of elevations, axonometric drawings or require site plan control for adjacent lands to
review the context, scale and design of proposed development adjacent to these
houses.
2.5 The Provincial Growth Plan promotes urban intensification of underutilized properties
with higher densities along major arterial roads to support transit use. At the same
time, municipalities are to develop strategies that include the conservation of cultural
heritage resources as built-up areas are intensified. This property was considered a
site for redevelopment at the time of the preparation of the Secondary Plan, but
redevelopment alternatives were to be explored that would incorporate the existing
house. One alternative would be to sensitively incorporate this site into a townhouse
development. Saving the structure from demolition and redeveloping the site at a
higher density would be in conformity with the Provincial Growth Plan and the
Clarington Official Plan, and would assist the Municipality in reaching its intensification
targets and heritage goals.
3.0 CONCLUSION
3.1 It would appear from the estate's submission that a redevelopment project which
incorporates the existing house may not have been considered as an option. Staff
would like the opportunity to meet with the Worden Estate and 289143 Ontario Limited
to discuss the property's potential for intensification. It is recommended that the
883
REPORT NO.: PSD-101-09
Attachments:
Attachment 1 - Location map
Attachment 2 - Property ownership map
Attachment 3 - Worden Estate submission
List of interested parties to be advised of Council's decision:
Sean Fraser, Ontario Heritage Trust
Clarington Heritage Committee, c/o Isabel Little
Bertrand Duclos, Ministry of Culture
The Worden Estate, c/o Tom Worden
PAGE 4
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Property Ownership
~ The Wordon Estate
~ 289143 Ontario Limited
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To Report PSD-1 01-09
T.S. Worden
October 7, 2009
Dear Ms. Little,
As discussed, I have attached some information which may be relevant to our
application for a demolition permit for our house on Prestonvale Road.
1. The house has been uninhabited for approximately 2 % years, and no one in our
family will live in the house.
2. Over the past 1 'Y2 years, the house has been listed for sale. During that time, we
did not receive one offer. It appears that there are two main factors:
(1) It is not a desirable location to purchase a house and approximately 1
acre lot; and
(2) The costs to bring the house to a satisfactory level for habitation are
substantial.
3. We have been advised that it is not practical to consider moving the house and in
fact, it may not be possible to move it at all.
4. We have been advised by our insurance company that they will cease to insure the
house effective November 10, 2009.
5. In view of the above, we have applied for a demolition permit and in anticipation of
demolishing the house before November 10111; we have salvaged fixtures from the
house, including cupboards, etc.
I hope that the above helps you understand our position and why we have
concluded that the only practical way to proceed is to demolish the house and at
some point sell the property as vacant land, which will in all likelihood be developed
in conjunction with the balance of the farm. '
Thank you for your consideration.
~~L
Tom Worden
._. _____~__~lLL_------
Cl~-wgton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 19, 2009
Resolution #:
Report #: EGD-030-09
File #:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, 2009.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-030-09 be received for information.
Submitted by: ~~.( 1
A. S. Cannella, C.E.T.
Director of Engineering Services
r\ J.SJ-~
Reviewed by0 f/7<.A
Franklin Wu
Chief Administrative Officer
ASC*RP*bb
October 09, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824
901
REPORT NO.: EGD-030-09
PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of SEPTEMBER 2009, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF SEPTEMBER
2009 2008
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2009-2008
Residential 61 $10,129,776 135 $29,212,874 -65.3%
Industrial 0 $0 1 $240,795 N/A
Government 0 $0 6 $284,800 N/A
Commercial 3 $23,253,545 5 $3,375,356 588.9%
Institutional 6 $60,000 0 $0 N/A
Agricultural 2 $663,570 1 $107,064 519.8%
Demolition 4 $0 3 $0 N/A
TOTAL 76 $34,106,891 151 $33,220,889 2.7%
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 372 $53,843,477 721 $134,018,863 -59.8%
Industrial 2 $245,000 8 $22,600,851 -98.9%
Government 0 $0 9 $3,459,800 N/A
Commercial 40 $27,335,069 36 $5,958,507 358.8%
Institutional 11 $13,927,760 10 $4,446,000 213.3%
Agricultural 12 $2,815,736 18 $6,058,452 -53.5%
Demolition 23 $0 28 $0 N/A
TOTAL 460 $98,167,042 830 $176,542,473 -44.4%
902
REPORT NO.: EGD-030-09
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
PLAYERS BUSINESS PARK LTD.
BOWMANVILLE INVESTMENTS
INC.
VALERIE HENDERSON
Construction Type
Wal-Mart (Site Servicing
Only)
Commercial Retail
(Wal-Mart)
Farm Building
Location
200 BOSWELL DRIVE,
BOWMANVILLE
200 BOSWELL DRIVE,
BOWMANVILLE
7,261 MERCER ROAD, CLARKE
Value
$4,000,000
$19,252,545
$546,468
903
REPORT NO.: EGD-030-09
PAGE 4
The following is a comparison of the types of dwelling units issued for the month of "SEPTEMBER"
and "YEAR TO DATE".
Dwelling Unit Type "SEPTEMBER" 2009
1
Apartment
3%
4
Townhouse
11%
6
Semi-
Detached
16%
27
Single
Detached
70%
C Single Detached 27
. Semi-Detached 6
IiiI Townhouse 4
IiiiI Apartment 1
Dwelling Unit Type "YEAR TO DATE 2009"
10
Apartment
5%
\V',' - --"-.
r \' r: : ~~~\,
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-~>1j:~'- " ._",~<
30
Semi-
Detached
16%
140
Single
Detached
77%
C Single Detached 140
. Semi-Detached 30
IiiITownhouse 4
g Apartment 10
The following is a historical comparison of the building permits issued for the month of "SEPTEMBER
and "YEAR TO DATE" for a three year period.
Historical Data for Month of
"SEPTEMBER"
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$0
tJValue
Historical Data "YEAR TO DATE"
$200,000,000
$150,000,000
$100,000,000
$50,000,000
$0
tJValue
904
REPORT NO.: EGD-030-09
PAGE 5
PERMIT REVENUES
2009 2008
September Year to Date September Year to Date
I PERMIT FEES $ 255,257 $ 685,267 $228,181 $ 1,158,039
INSPECTION SERVICES
2009 2008
September Year to Date September Year to Date
I Building Inspections 359 4,060 612 4,057
".."-
Plumbing & Heating Inspections 457 4,677 598 4,816
Pool Enclosure Inspections 4 53 5 68
TOTAL 820 8,790 1,215 8,941
NUMBER OF NEW RESIDENTIAL UNITS
2009 2008
September Year to Date September Year to Date
Single Detached 27 140 99 407
Semi-Detached 6 30 8 78
Townhouse 4 4 0 49
Apartments 1 10 0 4
TOTAL 38 184 107 538
905
REPORT NO.: EGD-030-09
PAGE 6
RESIDENTIAL UNITS HISTORICAL COMPARISON
YEAR: 2009
(to end of 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
AREA September
Bowmanville 59 340 451 609 307 587 468 345 312 188 184
Courtice 83 134 82 126 241 173 180 133 129 231 296
Newcastle 15 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 6 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 2 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 1 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 4 7 2 2 4 5 3 3 0 3 1
Solina 4 0 6 3 3 3 3 1 1 0 0
,
Tyrone 0 5 0 0 0 0 3 9 3 0 0
TOTALS 184 593 655 861 802 1,015 843 701 609 679 640
906
CI{}J,pn
REPORT
EMERGENCY AND FIRE SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 19, 2009'
Resolution #:
Report #: ESD-011-09
File #
By-law #
Subject:
MONTHLY RESPONSE REPORT - SEPTEMBER 2009
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-011-09 be received for information.
yl j )~
. I ____.
Submitted by: rr) "" C-./
Gordon Weir, AMCT, CMM111
Director Emergency & Fire Services
Ij" c- /) n '- (1 "\1
Reviewed by: \.,_ \ (,~ -tL; v......
Franklin Wu,
Chief Administrative Officer
GW/jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F 905)623-6506
1 1 01
REPORT NO: ESD-011-09
PAGE 2
1.0 BACKGROUND
1.1 This report covers the month of September and is intended to provide Council with
relevant, timely information on the activity of the Emergency and Fire Services
Department.
2.0 COMMENT
2.1 The Department responded to 257 calls during this period and recorded total fire
losses of $98,350. A breakdown of calls responded to follows in the attached table
(Attachment #1). Attachment #2 is an explanation of the different types of responses.
Attachment #1: Activity Report
Attachment #2: Description of Types of Responses
1102
Attachment #1 to ESD-011-09
CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT
REPORT PERIOD: SEPTEMBER 1, 2009 OO:OO:OOhrs - SEPTEMBER 30, 2009 23:59:59hrs
RESPONSE TYPE REPORT
FIRE STATIONS 2009 2008"
RESPONSE STATION STATION STATION STATION STATION THIS TO TO SAME TO
TYPE 1 2 3 4 5 PERIOD DATE DATE % PERIOD DATE
FIRES / 7 3 3 3 0 16 149 5.8% 14 125
EXPLOSIONS
OVERPRESSURE
RUPTURE 0 0 0 0 0 0 2 0.1% 1 2
EXPLOSIONS
PRE FIRE 2 1 0 2 0 5 45 1.8% 6 33
CONDITIONS
BURNING 7 3 2 2 1 15 77 3.0% 7 98
(controlled)
FALSE FIRE 22 0 2 7 1 32 307 12.0% 41 319
CALLS
CO FALSE 5 2 0 3 1 11 166 6.5% 16 199
CALLS
PUBLIC HAZARD 5 1 0 1 0 7 112 4.4% 15 96
CALLS
RESCUE CALLS 16 2 3 8 2 31 302 11.8% 38 347
MEDICAL CALLS 62 22 11 30 7 132 1257 49.3% 117 1219
OTHER 2 2 0 2 2 8 132 5.2% 17 223
RESPONSES
TOTALS
THIS PERIOD 128 36 21 58 14 257 2549 100.0% 272 2661
TO DATE 1294 318 170 658 109 2549
THIS PERIOD 147 29 19 66 11 272
LAST YEAR
TO DATE LAST 1391 322 166 666 116 2661
YEAR
1103
DOLLAR LOSS REPORT
THIS PERIOD $98,350
2009
TO DATE $2,275,700
THIS PERIOD $671,200
2008
TO DATE $8,949,500
APPARATUS RESPONSE REPORT FOR THIS PERIOD
STATION 1 PUMPER SCAT PUMPER TANKER UTILITY AERIAL RESCUE
1 1 11 1 1 1 1
THIS PERIOD 249 155 71 12 2 2 4 3
TO DATE 2473 1328 885 109 22 17 69 43
STATION 2 PUMPER TANKER
2 2
THIS PERIOD 35 33 2
TO DATE 411 331 80
STATION 3 PUMPER TANKER UTILITY ATV
3 3 3
THIS PERIOD 29 23 3 2 1
TO DATE 253 179 59 11 4
STATION 4 PUMPER PUMPER TANKER Aerial
4 44 4 4
THIS PERIOD 109 99 8 1 1
TO DATE 1062 959 69 25 9
STATION 5 PUMPER TANKER
5 5
THIS PERIOD 19 16 3
TO DATE 152 112 40
441 TOTAL VEHICLE MOVEMENTS FOR THIS PERIOD
4351 TOTAL VEHICLE MOVEMENTS TO DATE - 2009
1104
Attachment #2 to ESD-Oll-09
CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT
DESCRIPTION OF RESPONSE TYPES
Fires and Explosions: Instance of destructive and uncontrolled burning involving
structures, vehicles and open area fires, including explosion of combustible solids, liquids or
gases which mayor may not have resulted in a dollar loss.
Overpressure Rupture/Explosion: An explosion or rupture as a result of pressure, no fire.
Pre Fire Conditions: Incidents with no fire that involve heat or potential pre-fire conditions
e.g. pot on stove, cooking - smoke or steam, lightning, fireworks.
Burning (controlled): Complaint call related to outdoor controlled burning, authorized or
unauthorized. Fire Department did not take suppression action.
False Fire Calls: Alarm activation or fire call that when investigated, is determined to be as a
result of equipment failure, malicious/prank, perceived emergency or accidental activation of
alarm by person.
CO (carbon monoxide) False Calls: A call where it is determined that the detection
equipment malfunctioned or there was a perceived emergency - no CO leak.
Public Hazard Calls: Includes a response for spills and leaks of a hazardous product such
as natural gas, propane, refrigerant, miscellaneous/unknown, gasoline or fuel, toxic chemical,
radio-active material, power lines down, arcing, bomb, explosive removal, standby, CO
(carbon monoxide) or other public hazard.
Rescue Calls: A call for a person in danger due to their proximity to the occurrence and who
is unable to self evacuate and is assisted by Fire Department personnel i.e. Vehicle Accident,
Building Collapse, Commercial/Industrial Accident, Home/Residential Accident, Persons
Trapped in Elevator, Water Rescue, or Water/lce Rescue.
Medical/Resuscitator Call: Includes a response to a patient(s) suffering from Asphyxia,
Respiratory Condition, Convulsions, Epileptic, Diabetic Seizure, Electric Shock, Traumatic
Shock, Heart Attack, Stroke, Drug Related, Alcohol Related, Cuts, Abrasions, Fracture,
Burns, Person Fainted, Nausea and pre-hospital care such as administering oxygen, CPR,
Defibrillation, or First Aid.
Other Response: Assistance to other Fire Departments, call cancelled on route, non fire
incidents where an illegal grow operation or drug operation was discovered.
1105
~l,f1r-!lJglon
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 19, 2009
Report #: CLD-020-09
File#:
By-law #:
Subject:
HEALTH CANADA SURVEY
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-020-09 be received for information.
/--.....
\
Submitted by:
()~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
Attachment No. 1 - Map of Survey Area
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-020-09
PAGE 2
BACKGROUND
At the Council meeting of September 21, 2009, correspondence from Goldak Airborne Surveys
was referred to staff for further information.
Goldak has advised that they have been contracted by Health Canada to perform a regional
survey as part of a national program to measure natural radiation which occurs from
potassium, uranium and thorium, and to produce maps of an entire area. Health Canada is
finding areas that may be of concern for radon contamination. In areas where a concern is
found, it may be necessary for the Building Code to be amended to ensure proper protection in
basements as radon is heavier than air. Through this survey, Health Canada will be
establishing baselines.
A survey of the London area was completed last year. The survey is undertaken by flying a
twin-engined Pipe Navajo aircraft equipped with survey equipment and two pilots at an altitude
of 150 metres above the highest obstruction in the community. They will be flying a grid
pattern with flight lines 1 kilometre apart so the number and frequency of passes and noise
impact to the community will be minimal. The survey will be conducted between September 1
and December 1, 2009.
The correspondence was sent to the Municipality as part of the submission of their "Work Zone
Plan" to Transport Canada requires them to advise the Municipality of their work and to receive '
confirmation that we have received notification. This confirmation has been forwarded to
Goldak Airborne Surveys.
A map of the survey area is attached.
This report is provided for Committee's information.
1302
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performed by
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REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 19, 2009
Report #:
COD-061-09
File#_
By-law #
Subject:
CLARINGTON OLDER ADULTS PARKING LOT SNOW CLEARING
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-061-09 be received;
2. THAT Council confirm the current arrangement with respect to the Clarington Older
Adults Centre parking lot snow clearing; and
3.
THAT the Clarington Older Adults Centre Board and other interested parties on record,
be advised of Council's decision.
Submitted by: ~i-W0 - Reviewed by:
. arie Marano, H.B.Sc., C.M.O., Franklin Wu,
Directer of Corporate Services Chief Administrative Officer
I" ~<.. //
~~,:,7 ;//1 u v~/'..v/"'/l1/
( / L L:. / . / fr.!::--I.-
ancy Taylor, B. .'A., C.A.,
Director of Finan6e
o ruvLt~'l...
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
1401
REPORT NO.: COD-061-09
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 the Operations Department clarify who is
responsible for the snow removal at the Clarington Older Adults Centre (COAC) and
report back with options. (Resolution #C-535-09 - attached as Schedule "A").
1.2 This report provides the history of the responsibility for the parking lot snow clearing at
the Centre.
1.3 Although the resolution requested that the Operations Department provide clarification,
this task has been undertaken by the Corporate Services Department as it relates to the
leases in place for tenants of the COAC.
2. ANALYSIS
2.1 There are three tenants located at the COAC; the Clarington Older Adults Association
(COM), Community Care Durham and the Lions Club Nursery School. Until December
31, 2008 the COM was a tenant of the Centre and operated under a Memorandum of
Understanding in place of the traditional lease. Both Community Care and the Lions
Club have formal leases in place covering their tenancy.
2.2 Under the terms of the original lease with the Clarington Older Adults Centre (COAC) the
Municipality has the duty to repair the premises while the tenant is responsible for
heating, keeping the premises in a clean condition, snow removal, maintenance of the
gardens and waste removal. The subsequent Memorandum of Understanding confirmed
the COM responsibility for the "maintenance and operation of the lands" which includes
snow removal.
2.3 In the leases for the other tenants; the CCD lease references snow clearing as being
provided while the Lions Nursery School is silent on the provision of snow clearing and
as such does not convey any responsibility to the tenants in this regard.
2.4 From a budgetary standpoint, the COM has budgeted annually for snow clearing and
referenced this item in their annual budget submissions. Also included in the budget
submission is the requirement for a municipal grant to help offset the operating costs
associated with the COM.
1402
REPORT NO.: COD-061-09
PAGE 3
2.5 The current number of parking spaces number 77. Of the 77 spots 6 are used by CCD
Monday to Friday each week and 18 spots are used by the Nursery School Monday
through Thursday. There are 3 spots that are shared by the 2 agencies on a first come
first served basis. The fifty remaining spots are available to COAA members with the
number increasing to 68 on Friday, During the evenings and for special events on the
weekend all 77 spots are available. This arrangement was discussed and agreed to by
all parties in August, after the above noted leases had been negotiated.
2.6 For clarification, CCD is expected to be moving from the COAC in March 2010 and the
Lions Nursery School is pursuing other accommodations.
3. OPTIONS & COMMENTS
3.1 Option 1 - continue current practice
Option 2 - recover the cost of snow clearing of tenant spaces from tenant
Option 3 - have each tenant provide snow clearing services for their own areas
3.2 Option 1 - continue current practice.
This option provides the least (no) impact on current operations and administration as no
changes are required.
Option 2 - recover the cost of snow clearing of tenant spaces from the tenant. This
option will necessitate the opening of the lease agreements with the tenants and the
negotiation of a new financial arrangement.
Option 3 - Have each tenant provide snow clearing services for their own area.
This option is the least attractive of the 3 options for a variety of reasons. These include
the following.
Current snow clearing contract is in place with an expectation by the
contractor for the provision of the service at the contracted value;
Potential for an inconsistent level of service
Increased risk and greater liability due to inconsistent level of service; and
Conflict for space should three different contractors attempt snow clearing
operations at the same time.
1403
REPORT NO.: COD-061-09
PAGE4
4. FINANCIAL IMPLICATIONS
4.1 Snow clearing operations vary from year to year with the severity of the winter.
However, the cost for snow clearing for the 2009-2010 season is estimated at $4,875.00
before GST. As noted this service is included in the 2009 operating budget for the
COAC.
4.2 Based on the number of spots and the estimated usage by each agency, the cost for
snow clearing could be broken down as follows:
Clarington Older Adults Association
Community Care Durham
Lions Club Nursery School
Total
$3,393.55
$ 493.82
$ 987.63
$4,875.00
4.3 Under the current arrangement, the revenue from the leases comes directly to the
Municipality and the Municipality provides a grant to the COM to assist with the
operating costs of the COAC. Any change in the leases to cover the snow clearing costs
assigned to COM will require a review of the lease rates and may result in a decline in
revenue. By the same token, the operating costs of the COAC will be reduced as the
cost of the snow clearing will be shared with the other tenants. This should result in a
reduction in the amount of the annual grant from the Municipality. As noted, the end
result of any changes suggested above will not impact the overall financial situation; it
will just redistribute the funds for a short period of time.
5. CONCLUSION
5.1 After reviewing the options for snow clearing at the COAC it is clear that from the
Municipalities perspective there is little benefit to revisiting the leases for the one winter
season.
6. INPUT FROM OTHER SOURCES
6.1 This report has been reviewed for recommendation by the Purchasing Manager, discussed
with the Executive Director of the COM and circulated as follows.
Concurrence: Operations Co-Ordinator
1404
Schedule "A"
Council Meeting Minutes
- 48-
September 21,2009
Item #20
Resolution #C-535-09
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"
1405
Cloc-IDgton
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday October 19th, 2009
Resolution #:
Report #: FND-027 -09
File #:
By-law #:
Subject:
REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS -
AUGUST 2009
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-027-09 be received for information.
.--1 ~ I -c-f,
Reviewed ~ '. . '" ~ vt
Franklin Wu,
Chief Administrative Officer.
NT/LG/hjl
1 501
REPORT NO.: FND-027-09
PAGE 2
1,0 BACKGROUND:
1.1 At the meeting held on January 12, 2009, Council requested staff to provide by
department on a monthly reporting basis a report to Council on the variable growth
related revenue and the variable economic related revenues which could have an
adverse effect on achieving the 2009 municipal capital and current budget.
2.0 CURRENT:
2.1 This report is for the month of August 2009 including the year-to-date amounts
along with prior year's amounts for comparison.
2.2 This report will look at the Building Division's revenues of the Engineering Services
department such as municipal development charges and building permit fees
revenue paid, the total of Planning Services Department's revenues such as site
plans, rezoning, condominium application fees and subdivision applications fees
revenues and the total of Community Services Department's revenues.
2.3 The revenue amounts reported monthly in this report are reflected in the
municipality's general ledger when paid to the municipality, ie. on a cash basis.
There will be some differences between this report and the monthly Report on
Building Permit Activity from Engineering Department due to this timing difference.
3.0 ENGINEERING SERVICES - BUILDING DIVISION REVENUE STATUS
MUNICIPAL DEVELOPMENT CHARGES
MONTH OF AUGUST
2009 2008
MUNICIPAL NUMBER MUNICIPAL NUMBER % CHANGE OF
UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2009-2008
Single/Semi- Detached
-New construction $ 217,815.00 15 $ 417,373.00 38
-Additions $ - 0 $ - 0
Townhouse $ - 0 $ - 0
Apartment $ - 0 $ - 0
Commercial $ - 0 $ - 0
Agricultural $ - a $ - 0
Government $ - 0 $ - 0
Institutional $ - 0 $ - 0
Industrial $ - 0 $ - 0
TOTAL $ 217,815.00 15 $ 417,373.00 38 -47.8%
1502
REPORT NO.: FND-027-09
PAGE 3
3.1 In the 2008 Development Charges Amendment Study, it is forecasted that the
municipality would be collecting approximately 82 residential units on a monthly
basis for 2009 and approximately 79 residential units on a monthly basis for 2008.
For the month of August 2009, there were only 15 units of the forecasted
residential units of 82 being issued which equates to 18.3%. For the month of
August 2008, there were 38 units of the forecasted residential units of 79 being
issued which equates to 48.1 %. Comparing the number of units issued in 2009 to
2008, shows that August 2009 has collected 39.5% of the units issued in August
2008.
MUNICIPAL DEVELOPMENT CHARGES
JANUARY TO AUGUST - YEAR TO DATE
2009 2008
MUNICIPAL NUMBER MUNICIPAL NUMBER % CHANGE OF
UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2009-2008
Single/Semi- Detached
-New construction $ 1,915,263.00 140 $ 3,718,371.00 406
-Additions $ - 0 $ 258,219.00 29
Townhouse $ - 0 $ 209,640.00 37
Apartment $ (6,307.00) -1 $ - 0
Commercial $ 16,244.65 7 $ 174,323.08 12
Agricultural $ - 0 $ 16,040.67 0
Government $ - 0 $ - 0
Institutional $ - 0 $ - 0
Industrial $ 7,079.01 1 $ - 0
TOTAL $ 1,932,279.66 147 $ 4,376,593.75 484 -55.8%
NOTE:Apartment unit in April 2009 is a negative value as permit was changed from 2 apartments to 1.
3.2 Comparing the number of units issued in 2009 to 2008, shows that 2009 YTD has
collected 30.1 % of the units issued in 2008 YTD. For the 2009 YTD, there are 147
units of the forecasted residential units of 656 being issued which equates to 22%.
Per the 2008 DC Amendment Study, 983 residential units are forecasted for 2009.
For the 2008 YTD, there were only 484 units of the forecasted residential units of
632 being issued which equates to 76.6%. Per the 2008 DC Amendment Study,
951 residential units are forecasted for 2008.
4.0 BUILDING PERMIT FEES REVENUE STATUS
4.1 The line graph below on building permit fees illustrates on a monthly basis the
permit fees collected for the years 2007, 2008 and year-to-date with the 2009
budget per month. The line from September 2009 to December 2009 is flat lined
as the revenues have not been received. This line graph accents the fluctuations
on a monthly and yearly basis for the building permit fees collected in any given
year. As you will note on the chart, the March 2007 and the July 2008 building
permit fe~s collected were over $400,000.
1503
REPORT NO.: FND-027-09
PAGE 4
4.2 For the month of August 2009, $224,909 was paid for building permit fees which
represents 192.8% of the 2009 monthly budget (monthly budget is $116,666). For
comparison purposes, for August 2008, $26,688 was paid for building permit fees
which represented 21.4% of the 2008 monthly budget (monthly budget was
$125,000).
\---
I
BUILDING PERMIT FEES PER MONTH
$500,000
$400,000
$300,000
$200,000
$100,000
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- 2007 Actual - 2008 Actual
2009 Actual - 2009 Budget
4.3 The following line graph illustrates the building permit fees on an accumulated
monthly basis for the years 2007,2008 and year-to-date with the 2009 YTD
budget. The line from September 2009 to December 2009 is flat lined as the
revenues have not been received. This line graph also illustrates that 2007 year
had the highest permit fees revenue. The total building permit fees revenues were
as follows for the years: 2007 - $1,685,290; 2008 - $1,348,198; and as at August
2009 - $518,458. For comparison purposes, the 2007 permit fees of $1,685,290
was 112% of the 2007 annual budget of $1 ,500,000; the 2008 permit fees of
$1,348,198 was 90% of the 2008 annual budget of $1,500,000 and as of August
31,2009 permit fees of $518,458 is 37% of 2009 annual budget of $1,400,000.
1504
REPORT NO.: FND-027-09
PAGE 5
BUILDING PERMIT FEES CUMULATIVE YTD
$1,800,000
$1,600,000
$1,400,000
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0
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. 2009 YTD Actual -2009 YTD Budget
5.0 COMMUNITY SERVICES REVENUE STATUS
5.1 Community Services revenues overall are down for the month of August by
$31,000 compared to the same period last year. Whereas the revenues on a
overall accumulated year to date basis are up by $42,000 compared to 2008. This
can be attributed to the opening of the Newcastle and District Recreation Complex.
5.2 Community Services revenues have been divided into 4 major divisions: Facilities,
Aquatic Programs, Fitness Programs and Recreation Programs. Facilities
revenues includes ice rentals, pool rentals, multi-purpose room rentals, soccer
rentals, lacrosse rentals, skating and hockey rentals, concession sales and
proshop merchandise sales. Aquatic Program revenues include all pool facilities
memberships and swimming activities. Fitness Program revenues include the
fitness programs and memberships offered at the Courtice Community Complex
and Newcastle and District Recreation Complex facilities. Recreation Program
revenues include various recreational activities that are of interest to the pre-teens,
teenagers for after school and during school holidays such as day camps, drama
club, pre-teen dances, etc.
5.3 The below bar graph illustrates Community Services 4 major revenue groups for
the month of August and the monthly budget value with the same period last year
for comparison purposes. Comparing Community Services revenues on a monthly
basis is not a true indicator of how well its performing as its revenue is more
seasonal in nature.
5.4 The graph below shows the Aquatic Programs and Fitness Program revenues for
2009 are comparable to the same monthly period to last year. The Recreation
Program revenue is not comparable on a monthly basis as the total revenue is
received through 4 registration periods.
1505
REPORT NO.: FND-027-09
PAGE 6
~- COMMUNI~SERVICES MONTHLY R~~E~~~---'
\ . & BUDGET
I
\
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$0
I August
I
I 2009 Actual
--I
August Budget I Budget i
1
2008 Actual "2009 Monthly 12008 Monthly j
I I
. FACiliTIES
. AQUATIC PROGRAMS
FITNESS PROGRAMS
. RECREATION PROGRAMS
5.5 The following comparison table illustrates the monthly revenue received as a
percentage of the monthly budget used in the graph.
%of %of
Monthly Monthly
2009 2009 2008
Actual 2008 Actual Monthly Monthly Budget Budget
COMMUNITY SERVICES August August Budget Budget 2009 2008
FACILITIES $64,042 $93,009 $241,756 $230,223 26.5% 40.4%
AQUATIC PROGRAMS $126,885 $130,105 $65,710 $62,476 193.1% 208.2%
FITNESS PROGRAMS $39,454 $32,537 $47,748 $42,750 82.6% 76.1%
RECREATION
PROGRAMS $23,790 $29,546 $31,875 $34,113 74.6% 86.6%
TOTAL $254,171 $285,197
1506
REPORT NO.: FND-027-09
PAGE 7
5.6 The following bar graph illustrates the accumulated Community Services 4 major
revenue groups for year-to-date values as of August along with the accumulated
monthly budget values with the same period last year for comparison purposes.
This YTD graph emphasizes more how well Community Services revenues are
performing in a YTD and Budget comparison as well as a year-to-year comparison.
COMMUNITY SERVICES-ACCUMULATED
REVENUE & BUDGET
$2,500,000
$2,000,000
$1,500,000
$0
. FACILITIES
. AQUATIC PROGRAMS
FITNESS PROGRAMS
. RECREATION PROGRAMS
$1,000,000
$500,000
L
August August Budget Budget
1
I 2009 YTD II 2008 YTD I 2009 YTD \2008 YTD i
I I" I
5.7 The following comparison table illustrates the accumulated revenue received as a
percentage of the YTD budget used in the graph.
% of YTD I % of YTD
2009 YTD 2008 YTD 2009 YTD 2008 YTD Budget Budget
COMMUNITY SERVICES August August Budget Budget 2009 I 2008
FACILITIES $1,500,784 $1,474,485 $1,934,049 $1,841,787 77.6% I 80.1%
AQUATIC PROGRAMS $549,468 $485,708 $525,683 $499,812 104.5% 97.2%
FITNESS PROGRAMS $328,279 $343,969 $381,983 $342,000 85.9% 100.6%
RECREATION
PROGRAMS $251,129 $283,432 $255,000 $272,907 98.5% I 103.9%
TOTAL $2,629,660 $2,587,594 I
5,8 The Fitness Program revenue YTD for August 2009 is less than 2008 is
attributable to a decline in the memberships. Staff will continue with ongoing
member recruitment and retention efforts.
5,9 Community Services staff noticed during the 2008 year that some of the programs
offered in the Recreation Program were not performing as well as in the past such
as its summer trip and day camps. During the 2009 budget process, the camp
revenues were reduced in recognition of this. This reduction in revenue was done
prior to the economic downturn. Community Services staff has found a similar
trend with other Regional Municipalities in addition to other local service providers
. 1507
REPORT NO.: FND-027-09
PAGE 8
(ie. Museum). Community Services staff have monitored and marketed the 2009
summer day camps; however, the participatory numbers are down.
6.0 PLANNING SERVICES REVENUE STATUS
6.1 Planning Services individual revenue sources have been consolidated. Planning
Services revenues include Official Plan amendment fees, rezoning fees, site plan
fees, subdivision application fees and subdivision/consent application fees.
Planning fees do not reflect full cost recovery rates in contrast to those done under
Building Fee Legislation. They have been consolidated since the sum total of fees
is the key revenue number and individual types of application are difficult to
predict.
6.2 The graph below illustrates for the monthly revenue and budget for August that
2009 revenue is below 2008 year's revenue.
r-
I
I
I
1
!
$45,000
$40,000
$35,000
$30,000
$25,000
$20,000
$15,000
$10,000
$5,000
$0
PLANNING - MONTHLY REVENUE &
BUDGET
~=L-' --t----- ;-
~..~- I+.~ --.- t- -
r---l - -l--- -- --t---
t~=--~ -1-- -1~
1~.~~J~~-
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I August Budget I August I Budget i
i '009 Act"' I 2009 M ooth Iyl, 008 A oMI I, 008 Mo oth Iy
. 2009 Actual August
. 2009 Monthly Budget
. 2008 Actual August
. 2008 Monthly Budget
L-______ ____~__~_________ --- ------- ---.- .-.
6.3 Planning Services 2009 budget for the overall revenues is $346,000 and for
2008 budget the overall revenues were $500,000. This equates to a reduction
of $154,000 or 31 % decrease from 2008 to 2009 budget. The Planning Services
revenue actuals for August 2009 are $9,794 and for August 2008 were $15,067.
The August revenues as a percentage of each year's monthly budget values:
2009 - 34% and 2008 - 36%.
1508
REPORT NO.: FND-027-09
PAGE 9
I
I
I
PLANNING-ACCUMULATED REVENUE &
BUDGET
$350,000 ,--'
I
I
$300,000 t-
$250,000
$200,000
$150,000
$100,000
$50,000
$0
c 2009 YTD August
. 2009 YTD Budget
. 2008 YTD August
. 2008 YTD Budget
August
Budget
August
Budget
l_
2009 YTD
2009 YTD
2008 YTD
2008 YTD
6.4 The Planning Services accumulated revenues year-to-date as of August 2009 is
$110,109 and as of August 2008 were $166,021. The accumulated revenues as a
percentage of each year's annual budget values: 2009 - 31.8% and 2008 - 33,2%.
This reflects the overall economic activity and the sur.plus of subdivision
applications in the draft approved or processing stages. While fees were paid
several years ago, plan review and implementation activities are ongoing.
7.0 SUMMARY AND CONCLUSIONS:
7.1 In comparing current year's month and previous year's month values several
aspects need to be considered such as the time of year/season, economic
conditions, weather conditions" investors long term plans, pending legislation and
appeals. It is important to keep in mind that Planning fees and Community
Services fees are applied to the overall general fund rather than departmental.
" The development plan review and implementation process involves staff from
many departments who play various roles in the process to generate the revenues
identified,
7.2 This report is submitted for information purposes." The revenue shortfall forecasted
to the'end of 2009 has been addressed in the Council report CAO-004-09 on
August 31,2009. The budget values in this report have not been adjusted based
on revised forecasts as this will be done for September to match the timing of the
approval of the budget revisions.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1509
l.r~" "'~f1' r' 1: j(ll".. Y'<'f}i:......t, 11" "
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Hllel',!!jzin~ Ontario '---"'"
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
. Monday October 1 9th, 2009
Resolution #:
Report #: FND-028-09
File#:
By-law #:
Subject:
TOWNSHIP OF WOOLWICH'S RESOLUTION FOR REVIEW OF
CHAPTER 27, SECTION 5(2) OF THE DEVELOPMENT CHARGES
ACT, 1997
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Report FND-028-09 be received;
2, THAT Council endorse the Township of Woolwich's Resolution, Attachment "A",
requesting support for a review of the Chapter 27, Section 5(2) of the
Development Charges Act, 1997; and
3 That this resolution be forwarded to the Township of Woolwich, the Jim Watson,
Minister of Municipal Affairs and Housing, and John O'Toole, MPP,
/
/'
~.
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" " ), L-\__) t-..
R' db' f~---I?J::. ' "-- . C
eVlewe y:'
Franklin Wu,
Chief Administrative Officer
/ ....
/ /'1 //. 1
'/ ~/'- i" I / . ///1 . /"j'
. .' / ,'" _ I.' /1 -t7' J _' / #' t,"' -'.1 '//
Submitted by, "ft.. /L 1./ v/t<: /u>/
Nancy Taylor, B.BtA., C.A,
Director of FinanceITreasurer
NT/LG/hjl
1 51 0
REPORT NO.: FND-028-09
PAGE 2
BACKGROUND:
1.0 At the meeting held on September 21st, 2009, Council referred the
correspondence from the Township of Woolwich (Attachment "A") to the Finance
Department for a report.
2.0 The resolution from Woolwich is requesting that changes be made to
development charges legislation to eliminate the provision that any grant funding
be deducted from the eligible portion of the capital costs prior to calculating the
developer share. This provision has the effect of "sharing" the benefit of the
grant funding with the developers rather than allowing it to be attributed directly
to the non-growth and municipal components.
3.0 Eliminating this provision would assist municipalities in funding their share of
development charge related projects through application of upper level grants
such as Infrastructure Stimulus Fund and Building Canada Fund. Because this
provision is in place, often municipalities are reluctant to apply under various
stimulus fund programs for growth related projects as they prefer to use the
upper level funding to offset a project that would otherwise be fully funded by the
Municipality. By eliminating this provision, there is the potential for more growth
related projects to be undertaken as the municipal source of funding would not
be as difficult.
RECOMMENDATION:
4.0 Staff recommends that Council endorse the Township of Woolwich's resolution
for the review of Chapter 27, Section 5(2) of the Development Charges Act,
1997, that is attached to this report as Attachment "A".
Attachment:
Attachment "A"
Township of Woolwich's resolution
CORPORATION OF -fHE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1 51 1
Attachment A
The Corporation of the Township of Woolwich
P.O. Box 158, 24 Church Street West
Elmira, Ontario N3B 2Z6
Tel. (519) 669-1647 I Fax: (519) 669-1820
DATE:
TO:
SUBJECT:
July 3, 2009
All Ontario Municipalities
Resolution to request support for a review of Chapter 27, Sec, 5(2) of the
Development Charges Act 1997
On June 30,2009, the Council of the Township of Woolwich passed the following resolution and
respectfully requests support for this resolution by all municipalities in Ontario:
WHEREAS development charges are collected fees levied on new development to help
pay for the infrastructure required to service growth;
AND WHEREAS development charges help finance capital projects that would otherwise
be financed through property taxes or other means;
AND WHEREAS Chapter 27, Section 5 (2) of the Development Charges Act 1997 states
that, "The capital costs, determined under paragraph 7 of subsection (1), must be
reduced, in accordance with the regulations, to adjust for capital grants, subsidies and
other contributions made to a municipality or that the council of the municipality
anticipates will be made in respect of the capital costs";
AND WHEREAS municipalities in Ontario have recently been approved for grant funding
under the Infrastructure Stimulus Fund and Building Canada Fund for capital works that
have development charge components;
AND WHEREAS municipalities are unable to collect that development charge component
when they receive funding from sources such as the Infrastructure Stimulus Fund and
Building Canada Fund;
NOW THEREFORE be it resolved that the Council of the Township of Woolwich requests
the Ministry of Municipal Affairs to conduct a review of Chapter 27, Section 5 (2) of the
Development Charges Act 1997 and make changes that would eliminate the requirement
for municipalities to deduct grant funding received from eligible portion of development
charges;
AND FURTHER that this resolution be forwarded to The Honourable Jim Watson, Minister
of Municipal Affairs and Housing; Harold Albrecht, MP Kitchener-Conestoga; Leeanna
Pendergast, MPP Kitchener-Conestoga; and to all municipalities in Ontario for support.
151.2
ClfJ!..n
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 19, 2009
Report #: CAO-007 -09
File:
By-law #:
Subject:
CODE OF CONDUCT FOR COUNCIL MEMBERS
Recommendation
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CAO-007-09 be received;
2. That Council provides direction with respect to either,
a) Take no further action on this subject matter and receive this report for
information; or
b) Direct the CAO to draft a Code of Conduct for Council Members for Council's
consideration and approval.
....----~ ~\ ~"
/ .)
. , / / "" /, "
Submitted by~ -
Franklin Wu M.A.O.M
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717
1601
REPORT NO.: CAO-007-09
PAGE 2
1. BACKGROUND
At its meeting held on March 23, 2009, Council directed the CAO to research and
review existing Codes of Ethics, Code of Conduct and Council Charter that various
municipalities have adopted and to report and recommend to Council on those
findings, on or before Sept.14, 2009. The CAO has been overloaded with several
major projects this year in addition to assuming the role of Director of Operations.
As a result, it was impossible to meet the September deadline date. Be it as it may,
the CAO has now completed research and analysis of the subject matter and is
pleased to submit this report for Council consideration.
2. WHY A CODE OF CONDUCT?
Municipal Council Members hold positions of privilege. As a result, they are held to
the highest standard of behavior and integrity and are expected to discharge their
duties in a manner consistent with the principle of upholding the public trust. In the
absence of policies or guidelines, one cannot assume each and every member of
council have the same understanding of that standard of behavior and integrity.
Hence, most municipal governments have adopted or approved some forms of Code
of Conduct, Codes of Ethics, or Council Charter in order to provide policies or
guidelines to assist Council Members.
3. WHAT'S OUR CURRENT PRACTICE
The Municipality of Clarington has a Code of Ethics approved by Council back in
December 10, 2001. It has since been revised to clarify several areas of ambiguity
as well as the addition of several conduct guidelines. This Code is primarily an
employee Code and as such most provisions do not apply to Members of Council.
However, embedded in the policies are several provisions that specifically apply to
Council Members. They are:
Not breach the public trust or misappropriate public funds and or resources
Not use municipal property, equipment, supplies or services of consequence for
activities not associated with the discharg of official duties
1602
REPORT NO.: CAO-007-09
PAGE 3
Not benefit from the use of information relating to the affairs of the municipality
Not sell goods or services to the Municipality's or have a direct or indirect interest
in a company or own a company that sells goods or services to the municipality
Not conduct their work activities in a manner which may cause personal injury to
themselves or others or damage to equipment or property of the Municipality
Not bid on the sale of goods except those disposed by Public Auction
Not use municipal buying power for personal gain or benefit
4. CODE OF CONDUCT IN DURHAM MUNICIPALITIES
In the course of our review of the practices in other municipalities, we have reviewed
Codes of Conduct in several municipalities including all Durham Municipalities. With
the exception of the Town of Whitby, every municipality in Durham Region has some
forms of Code of Conduct for Council Members. Attachment 1 is a summary of the
nature and character of these documents. While there are variations among these
codes, there are also significant amount of similarity such as the content component
of the codes. It is worthy to note that none of the Codes contain any meaningful
compliance or enforcement provisions. There are probably several reasons why
these codes shy away from this issue. This will be elaborated later on in this report.
5. WHAT'S IN A CODE OF CONDUCT
Many have viewed and used Code of Conduct and Code of Ethics as being
interchangeable. The truth is that these are two separate matters. Conduct is "the
manner in which a person behaves", Ethics is "the moral principles governing or
influencing conduct"(Oxford). Strictly speaking, a Code of Conduct should only
contain the behavior issues and not venture into the area of ethics. Be it as it may,
most municipal Codes of Conducts cover both behavior and ethical matters.
Therefore for the purpose of discussion in this report, we would consider ethical
matters falling within the realm of a Code of Conduct.
a) On the matter of conduct, the following elements are commonly found in most
municipal Code of Conduct.
1603
REPORT NO.: CAO-007-09
PAGE 4
Council/Staff Relationship
Not to influence the decision making process as it relates to hiring
practice, award of contracts or settlement of claims through personal
contact or interaction with the parties administering or directly involved in
such process
Refrain from any conduct which may deter, interfere or unduly influence
employees in the performance of such duties and obligations
Confidential Information
Refrain from releasing, making public, or in any way divulging confidential
information, personal information or any aspect of the deliberations in a
closed meeting to anyone, unless expressly authorized by Councilor
required by law.
Not to release information subject to solicitor/client privilege
Not to misuse confidential information that may result in personal benefit
or other individuals related to him/her
Gifts, Commission, etc.
Not to solicit, accept, offer or agree to accept a commission, reward, gift,
advantage or benefit of any kind, personally or through a family member
or friend which is connected with the performance of his/her official duties
Reject and/or return any gifts or benefits with an explanation of why such
cannot be accepted
Interpersonal Behavior
Treat every person, including other Council Members, staff and public with
dignity and respect
Not discriminate or engage in harassment activities
b) From the ethical perspective, some Codes will provide guidelines to assist
members to determine what is ethical and what is not. From our research, we
found the "Smell Test" guidelines in the City of Edmonton Code are probably the
1604
REPORT NO.: CAO-007-09
PAGE 5
most simple and straight forward. A "Smell Test" could include asking yourself
the following questions:
Will the act result in personal gain or benefit?
Could an outside person, colleague or the media perceive this action as
unethical?
Willi owe someone something as a result of this action?
Was this gift/action intended to influence my decision?
Would I hesitate to take this action or to allow anyone to take this action in
my own company?
6. CODE COMPLIANCE AND ENFORCEMENT
Most municipal Code of Conduct for Council Members contains little or no provision
with respect to compliance or enforcement. We suspect this could be the result of
one or more of the following factors:
a) Except for the City of Toronto, providing a Code of Conduct for Council Members
is not obligatory under the Municipal Act. Due to this permissive nature of the
legislation, any code made by a municipality will be difficult to enforce unless the
breach is in violation of other relevant legislations such as the Conflict of Interest
Act, Freedom of Information and Protection of Privacy Act etc. Further, Section
223.2(2) of the Municipal Act states "A bylaw cannot provide that a member who
contravenes a Code of Conduct is guilty of an offence." This essentially negates
any reason for imposing penalty. Notwithstanding, a few municipalities have
included penalty provisions in their codes such as loss of remuneration,
prohibition from attending closed meetin~s etc. However, the enforcement of
these penalties are generally left silent in the Code.
b) Regardless of whether or not it makes sense to provide for reprimand or penalty
in a code, the real question has to be: Who will determine if a Member of Council
has breached the code? This function cannot be delegated to the CAO or any
staff member due to their employer/employee relationship. The Municipal Act
does permit a municipality to appoint an independent Integrity Commissioner.
Few municipalities have taken up this option. We suspect the cost of setting up
an Integrity Commissioner Office for the very few cases it will deal with simply
1605
REPORT NO.: CAO-007-09
PAGE 6
made such a proposition untenable from a financial perspective. In its first year
of operation, it was reported that the City of Toronto has expended approximately
$160,000, primarily in staffing cost. Cost of establishing an Integrity
Commissioner Office should be less in smaller municipalities but could still be a
formidable amount and challenge a small municipality budget. It should be noted
that the issue of Integrity Commission was dealt with by Council through its
approval of the recommendations as contained in Report CLD-042-07 where
Council resolved "not to proceed with the appointment of an Integrity
Commissioner, Ombudsman or Auditor General, at this time."
c) Notwithstanding the foregoing limitation in enforcement of a Code of Conduct, in
circumstances where the alleged breach of a Code of Conduct is in violation of
pertinent legislations such as the Conflict of Interest Act, Criminal Code, etc. the
remedy can be in the form of legal action against the council member. Provision
for such action would go beyond the scope of a Code of Conduct. In cases
where the breach of the code involves significant breach of public trust or gross
misconduct, Council may pass a resolution pursuant to Section 274(1) of the
Municipal Act, requesting a judicial investigation into the member's conduct.
7. CONCLUSION
In view of the foregoing discussion pertaining to the limitation in enforcement, most
municipal Codes of Conduct would leave this matter silent and default the
enforcement to self compliance and public scrutiny through coverage of the
particular issue by the media. This is probably the best scenario one can expect to
get some value out of a Code of Conduct that some may consider "not worth the
paper written on".
In the consideration whether or not Clarington should have a stand alone Code of
Conduct for Council Members, we pose the following questions for council
consideration:
a) Would Council consider the current policies embedded in the employee Code of
Conduct as inadequate?
b) Would Council consider a new stand alone Code of Conduct for Council
Members would improve the public trust and confidence?
c) Given the enforcement issue may be problematic; would Council accept a Code
of Conduct that would rely on self compliance as an enforcement tool?
1606
ATTACHMENT 1 TO REPORT CAO-007-09
MUNICIPALITIES DOCUMENT MAIN COMPONENT ENFORCEMENT
PROVISION
Clarington Policies embedded in . Municipal Assets/ Resources Silent
Corporate Policy . Insider Information
Oshawa Council Charter . Council/Staff relationship Self adherence
. General Conduct Guidelines
Scugog Code of Conduct By-law . Gift/Personal gain Hume Rights Code for
. Confidentiality Harassment
. Municipal Resources
. Harassment
Brock Code of Conduct By-law . Confidentiality Mayor & Clerk as
. Gifts investigators
. Procurement
. Conflict of Interest
Ajax Code of Conduct By-law . Confidentiality Applicable Statutes
. Conflict of Interest
. Gifts/Personal gain
. Council/Staff relationship
. Municipal Assets/Resources
Pickering Code of Conduct . Conflict of Interest None Specific
. Municipal Resources
. Personal Interests
. Confidentiality
. Registration of Gifts
Uxbridge Code of Conduct . Gifts/Benefits Specific Policies and
. Confidentiality Procedures for
Whitby Code of Conduct for
Staff Only
1607
CI~-wgron
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 19, 2009
Report #: CAO-008-09
File:
By-law #:
Subject:
ENERGY AUDITS - COURTICE COMMUNITY COMPLEX AND THE
FIRE HALL #1
Recommendation
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CAO-008-09 be received;
2. THAT Council authorize staff to proceed with an RFP process to complete an
energy audit at the Courtice Community Complex and the Fire Hall #1 with funds
to be drawn from the Municipal Government Enterprises Reserve Fund.
r~
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. ., .-~v- ~ i ~
Submitted by: ,-,\.. --
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717
1608
REPORT NO.: CAO-008-09
PAGE 2
1. BACKGROUND
On, July 14, 2008 Council endorsed the Municipal Energy Management
Framework and authorized staff to proceed with an RFP process of an energy
audit for each of the MAC/Library building and the Garnet B. Rickard Complex at
an estimated cost of up to $30,000. The audits were completed for
approximately $15,000. with the funds being drawn from Municipal Government
Enterprise Reserve Fund.
The Energy Management Steering Committee feel it would be beneficial to the
Municipality to complete audits on Courtice Community Complex and Fire Hall #1
as well. Purchasing received a quote from Building Innovation to complete these
audits at a cost of $9500 plus GST. using funds from the Municipal Government
Enterprise Reserve Fund.
2. COMMENTS
The previously completed audits will be of great assistance in developing future
capital budget programs as they identify a number of recommended measures,
complete with potential savings and capital costs. In the case of the Garnet
Rickard Complex audit, the completed audit was included with the application for
the Build Canada Fund - Communities Component, Intake 2 Program for an
energy retrofit for the facility. The audit became the business case for the project
and was a key component of the Municipality's success in securing the provincial
and federal funds.
Completing energy audits on municipal buildings provides the technical
information required for making strategic decisions in the area of energy
conservation.
1609
REPORT NO.: CAO-008-09
PAGE 3
3. CONCLUSION
The Steering Committee will continue to provide leadership, guidance and
direction to all staff in implementing all the energy conservation and reduction
efforts.
1610
HANDOUTS/CIRCULA TIONS
GPA
Clari~gton
Leading tke Way
MEMO
CLERK'S DEPARTMENT
To: Mayor Aber
From: Anne Greer
Date: October 16,
Subject: GENERAL
AGENDA-
and Members of Council
Deputy Clerk
& ADMINISTRATION COMMITTEE MEETING
19, 2009 -UPDATE
Please be advised of the fallowing amendments to the GPA agenda for the meeting to be
held on Monday, October 119, 2009:
4
MINUTES'
See Attachment #1'as replacement page for page 18 of the minutes of September
28, 2009.
Correction to Resolution #GPA-558-09:
"Moved by Councillor Rowe' changed to "Moved by Councillor Robinson"
5 PRESENTATIONS
Correction:
6.
40
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
MLLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
(c) Greg Ashbee is ~he Manager of Infrastructure Expansion Planning
DELEGATIONS
See attached Final 4ist. (Attachment #2)
PLANNING SERVI(~ES DEPARTMENT
(f) Report PSD-099- 9 -Former Boys Training School and Prisoner of War Camp
2020 Lambs Road, ~owmanville
Handout: AttachmQnt #2 to Report PSD-099-09 is enclosed as Attachment #3 of
this update memo
CLERK'S DEPARTMENT ME O PAGE 2
18. OTHER BUSINESS
(a)
Report of they Solicitor, Dennis Hefferon, on a confidential matter regarding
es. 1See Attachment #4 under separate cover)
AG/
Enc.
cc: F. Wu, ChiefAdminist~ative Officer
Department Heads
~{~achme~f
Purpose and Administration Committee
Minutes
September 28, 2009
Councillor Hooper advised that due to the current financial constraints, the Bowmanville
BIA will not be taking advantage of the $1000 grant previously approved by Council, to
assist in offering free bus service for the 2009 Apple Festival. As such, the free bus
service will not be offered for this year's event.
COMMUNICATIONS
items considered
section of the Agenda.
ADJOURNMENT
by Councillor Rob'Inson
by Councillor Woo
THAT the meeting adjourn at 2:22 p.m.
DEPUTY CLERK
l~ f f ac lrr~ ~ f
OF DELEGATIONS
GPA Meeting: October 19, 2009
Kelvin Whalen, Kaitlin, Regarding Report PSD-099-09,
Former Boys Training School and Prisoner of War Camp 2020 Lambs
Road. Bowmanville
Richard Ward, Regarding Tax Arrears and Request to Defer,
Tom Worden, Regarding PSD-096-09, Application for Removal of Part Lot
Control, Applicant: Prestonvale Heights Limited
Vic Suppan, Regarding PSD-096-09, Application for Removal of Part Lot
Control, Applicant: Prestonvale Heights Limited
Vic Suppan, Regarding Report PSD-099-09,
Former Boys Training School and Prisoner of War Camp 2020 Lambs
Road, Bowmanville
Bonnie McFarlane, South East Clarington Ratepayer's Association
(SECRA), Regarding Report PSD-097-099,Port Granby Project,
Municipal Consent to the EA Screening Project
Attachment 2
To Report PSD-099-09
~~,~ ~(Jc~a~ ~~~~~
/I'~KAITLINGROUP
September 30, 2009
Ms. Faye Langmaid
Planning Services Department
The Municipality of Clarington
40 Temperance Street
Bowmanvitle, Ontario
L1C 3A6
Dear Ms. Langmaid
Re: Request for Demolition Permit Issuance
2020 Lambs Road -Bowmanvitle
Further to our earlier discussions with Staff, we would respectfully request consideration to
remove certain of the buildings at the above-noted address from the Municipal Registry of
Heritage Properties.
Should Council approve this request, it would provide that 4 buildings would remain on the
registry with no immediate intentions for demolition. Of the remaining 14 listed buildings, once
removed from the registry, a number of them which have no demonstrated heritage value, may
be demolished in the near future. The potential demolition of remaining buildings removed from
the registry, may be deferred to provide time to assess potential opportunities for re-use.
Planning applications will be shortly be submitted to the Municipality that will provide for future
opportunities for certain of these buildings to come under public ownership.
The buildings that would be subject to the current request are noted on the attached schematic
plan of the property.
We understand that for a demolition permit to be issued for these buildings, Council must
remove them from the Municipal Registry of Heritage Properties.
It would be appreciated if Staff could consider this request and prepare the necessary report for
Council's consideration.
Should you require further discussion of this matter, please do not hesitate to contact the
undersigned.
Yo rs very truly
vin Whalen, P. Eng.,
vice-President, Land Development
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Track and signal work
Additional two tracks
· Existing GO Line to Ritson Road
Single track
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A Division of Metrolinx
· Phase 1
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- Peak-period service to Bowmanville GO
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Transit Project Assessment Process for EA
A Division of Metrolinx
Phase 1
· June 2009 - Public Open House #1
· Field data (survey, noise baseline, vibration baseline, air quality)
· Preliminary analysis
· Stakeholder input
· Prior to Notice 'of Commencement - EA 900/0 complete
Phase 2
· November 2009 - Notice of EA Commencement
· Mid-November - Public Information Centre #1
· March 2010 - Notice of Completion
· 30 day public review
· MOE review/decision (35 days)
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A Division of Metrolinx
Project milestones
· EA decision - Spring 2010
· Design & Construction phase: Rail
'Corridor - 3 years
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Maintenance Yard - 4 years
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budget approval ($500-$600 million) from
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