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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 - 2 - 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 - 3 - 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. - 2 - 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. - 3 - 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. - 4 - 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. - 5 - 405 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 - 6 - 406 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) - 7 - 407 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 - 8 - 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. - 9 - 409 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 - 10- 410 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 - 11 p 411 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. - 12 - 412 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; - 13 - 413 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 - 14- 414 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. /r; I . /,"/ '- 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. /... / .,,/'~ Submitted by: r /'.- . ~"/////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 :)Ihl ell j --n ;:v ..(.1 o\;lO~ 3NIlNMOl I / /~ o\;lO~ ill fS'O'~O :J: II ~ r;- - -10 ll3 o\;lO~ 'c: I J\;IO~ /--j8:jEl \ --;'CIl 4~~n / ~ "q~ )1/ IAN01M3N ,,)1: 'I " ~ ~~ )-f]\;lO~ h (VO" 013" I~ st~ _ b f-- f-- 0\;10 b LW - n L h.J/6~ AI^J\fll38 NOBldViS ~ ~ ~b S! 0:: 6\ \ ~ o\;lO~ UJ :=:r ~ o u Cl <( li r I S3N\;Ir I - 1'- rL "" 0\;1 T =-or I SN\;I8~01^J u L - ~ C ~2jl '>l-_ - en ~ 3lllA\ NMo~e ~ ==0 11M ~ D5 ~ 4, rfmm ;; ;jlOO L.LJ o\;lO~ L 0~0;j;j18 ~ [:::J ~ ~ h o\;lO~ I sv-j\;lO'v' TI 'f/ tS'v'3 SlOH81N Attachment 1 To Report PSD-095-09 '~ i ~ <~ CI) Q) ~ . ..... CI) e ::3 ~ ..... ::3 (,) . ..... ~ . ..... :s 110 III 3 ~ ~.~ '0.\ ~31S'v'SN\fl ~ ~ ,~\ i'-- 3llll' OlfA3N t ..... .CO ,;: t:: ~ o Q.. ,f-- 7/ = [// ]1 I / / / ( o 't:; co 1:: o ~ co -J L " ~ I ~ :::J~r Uo O~ NOSN3H i~ - :J CIl ~ ~ n~ Cl nl=, O\;lO~ A3ll~ ~ I~ r ~ ~, -, J Ii " len \ nl , ~ n CJ ~nHl~'v' u I~ z 818 UJ f-- ~ r}) :.:: .:'3 II ......nacnmem L- 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 N8J'02'20"[ 28.~79 ~ 44 ~~ N71~-nOt L- ~ ~ 26.500 ~ 45 N71~4'40.E ~ ~ 26.500 46 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ PART 2 ." ,15]" fV~ 1-0'lc::,. 1r~v" ~1I"'-b~ ;.:., 10",,_ Jmj'i,. ~ ~ PART 1 PART 1 .~ ~ z ~ 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. 833 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. 834 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 835 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 Review of Port Granby Screening Report Hardy Stevenson and Associates Limited October 2009 841 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. 1 Review of Port Granby Screening Report Hardy Stevenson and Associates Limited October 2009 842 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; 2 Review of Port Granby Screening Report Hardy Stevenson and Associates Limited October 2009 843 . 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 3 Review of Port Granby Screening Report Hardy Stevenson and Associates Limited October 2009 844 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. 4 Review of Port Granby Screening Report Hardy Stevenson and Associates Limited October 2009 845 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 5 Review of Port Granby Screening Report Hardy Stevenson and Associates Limited October 2009 846 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. 6 Review of Port Granby Screening Report Hardy Stevenson and Associates Limited October 2009 847 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 7 Review of Port Granby Screening Report Hardy Stevenson and Associates Limited October 2009 848 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 CD m CD ~ cst o <( o a::: C/) CD ~ :5 J Property Location Map ( Bowmanville ) CONCESSION ROAD.3 PLN 34.5.2.64 -l o :::0 CD "'0 o ;:+) "'U.... cnti 0\ I = 0= <0- <09 I _ 0'" <0- 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 ~ ~ 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 ()) --.] OJ (Xl --..J --..J 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. .,. """' (' I . ~' !,':; 19.; .... ,', '. >r, 0' : . . Kf;"'..t," f~"18i.1i1.,~'~\J~IJ;,',.Il~itt.! ~i.i.lifd.J1 . .. "~~~__d~~ .,';. I' " p.J Attachment 5 To Report PSD-099-09 -.. -.; 1 878 p - ~...:- ~""IL,.",!~Q ., '_._ . _'.' .1"..,' .,., .,.. .:' .. ....... - ~~,;:'c' ..... . ..~.~. 2 879 ~ ~:::--::----.-~. ~.......~-, B~lIdlng 14- l~ -. ~. .. t, ('~~I.~ "",,"'_ ,~ ..:JJ - - "'-a... "-~~i -"'_-.le' . '. ............. . I ." :~ ~,.,."'~ .IIL... ~ :iIII-, u.~~..t'..'~~"';"'4I ~...... ~.,.~~uJt-!'F'4',"W; ~~1 ' . 'b!I .~ !IIIlP' ~ . ~, " .. i" " ~ ~ . 's'tii "18 ( " D"- Q ~ 'lJo~ '" '1:1 . .1 .n. 'if'.. '" .. f"" l""4c f\..... ~.. __ \,>,~. ~;':' ~~.,\ \\ ~, ;$!.: ~. ',"~ ...~ ~, ' . .I~ . ( ;)~~' ':'l [ ~ ~. ~ . ~1~;.~.. . '1'.- .~.,ti;~t: ifl ~ ~ d" ., .~" '.t :I~.''''''' , ~..: .'~ . '. . ~~ " .rUUdl~ 17 'f,~ . , \' '\iiI{""~~~'i'f.1J ,. ..~..."'W 3 880 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. /\/' '~'i/ / ~/J1 Submitted by: / /0 /;1/ David . Crome, MCIP, RPP Director of Planning Services \ i I ,."'7 \ , Reviewed by~" v Vv ~ '.,' ~ranklin Wu, Chief Administrative Officer ..":..~ ' .1 .~,~. -.,- ~.\.. 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 4 884 (X) (X) U1 o ." a " ~ ~ ,.. o C') l>> .... .... o = i: l>> " ....... n o c: ::l .... C') !. ....J. (JI co ~ "tJ .., CD fJ) - o :;, < S>> - CD ;;c o S>> c. ~< 'JH ~~;<; : ~~., , '1'6&, :'.' =dIJ~ ~.~; 8 l' 84"'~.'~'~ tcJ,! "L.... ~;~ ~ I ,.~ ~. Ill.' ~ '90ll" ~ '\,QIiP). ~.. g ,5 ~ ,mt~~ ._.t l~ " ..~:-. -~~ )~~. .~.. '~'.~. 'I' :ga94';~ ,Ill ~t"!~:fJ.. : Ii' ~:.~. .r: t .. .J:, . 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"\ ,', '. ...VLI, . ....~":--II,;~.... ,; ~ L '.J -,. t '/ ~~ - -- "':'~"..." ~ . I" .. ", ~ ' .- ~.. ._,(1 ":~,',". ~~.r ~'-.~:.,~~_.~~.~ -~ ! ,__'. ..... ~" _.~ ~----. ""yo It .~ . ~.' ~~: r_.. '.1- -\'J:~; '. ~ ,:4 --:- ~J ~'.~ ", t;7'" ~- '., .-. ' ': ir -; o ::0 CD -0 o ~)> "U:;::: enn> 00 I ::T' ->'3 ~(I) I ::l 0- (0->. !"!:'.:!o ....11:1' . t" ," ~ . .~ Auacnmem L To Report PSD-101-09 - ' ----... ---- - ... -- --:r~ ... t. ~.... '0 .; ,~, c. r I "' J>t, . I J I KERSEY CRESCENT J I J ( I J } I \ T I . ,i,) r ::II Property Ownership ~ The Wordon Estate ~ 289143 Ontario Limited AI ~ 886 t-\lld\A" J1~rn .:l 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: : ~~~\, ~ ~ -~>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 it) ~ :.,. ~ -81' -80'45' -80'30' o ~ ~ ~ it) '"' :.,. ~ J~ ClifL .,' :.,. ~ it) ~ Po, ~ o .., Po, ~ ~ Po, ~ -81'45' -81'30' -81' -80'30' -79'30' -79' -78'15' -79'15' -78'45' -78'30' -80'15' -80' -81'15' -80'45' ffj;'" "/~. Q 0 .... .,. o 2- " m oS' ., (,IlVEo( High Sensitivity Gamma Ray Specrometric Survey performed by Goldak Airborne Surveys Fall, 2009 .... .... ~ 0) .... .... ..; q .... ~ .... <.> .~ 0) .... <.> ..; q .... <.> - ~ 0) .-+ .-+ Q,l () :::r- :3 CD :::l - I Z 0 - 0 CI~mgton 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 $0 -- ~..:", ~..:", 'O<::ov ~v , <<.~ <5' '0' ~ ~::::. ,,?-'Y. '0":'" <::o~ ~ ,v ~~ ') vi} ~, ~, ~ p (p "?-v ~,. (,~ ~~ 0 '?~ 0' 0' ~ ~ o (,0 ~O~ <;P ! '----- . - 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 .-. I I I .-.---- - - I I ~ -' '~~- --_._~-- -~--_._. ~"~ I ...~ ...~ (S' ~7> ~7> ~ ,.'o~ :9' ~ ) <<.,12, ~~ "?-~ ~7>~ ~Q, \.::> ,:s~ ~<:} 12,' 12,' 12,' 12,' '\ ~~ ~'O ,(f> ~'O ~'O "?' ~Q, 0<'; ~Q, <.;12, <-;Q,~ ~o 'VQ, I I I L -2007 YTD Actual -2008 YTD Actual . 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~~- I I I 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" " f" r 'Ii'" "I'!; ',', i ,; 'f" '"'; t., I \.}":: '.) ;~:'," ",.,~~'tft.~ i'\:i' ; v.....t.,J~,._ ~.I." ",.f.", L.._ 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, / /' ~. .) .---r ^'- " " ), 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~ J ,( c/~..., '". ~~-t. . ., .-~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 C~ 'cs t 1, { ~ ~~ I i ~' ~~lu..l~af:e.lY~N. OB dOAM FRphIGITLIN OROUP 906-612-8920 T-610 P.009/009 F-009 ... ... A Division of Metrolinx ..~ ... Presentation agenda A Division of Metrolinx · Oshawa to Bowmanville - Study area - Study scope - Ridership - Expansion requirements - Service levels - Design/construction ..~ ... Oshawa to'Bowmanville Study area A Division of Metrolinx LAKE ONTARIO PROJECT LIMITS . Brock Street, Whitby in the West Townline R.R. 42 approx. at Hwy 35/115 in the East ..~ .... Study scope Project elements A Division of Metrolinx · New rail maintenance facility · Extension of GO rail service into Bowmanville . . · Evening layover needed at end-of-Iine ... ..~ Study scope CN vs. CPR line A Division of Metrolinx · 1990s study preferred CPR · Latest feasibility study preferred CPR · Primary reason was municipal support for CPR alignme'nt, as it. was closer to . downtown Oshawa and centre of Bowmanville ... ..~ A Division of Metrohnx Ridership AM peak-period 2008 2015 2031 boardings Bowmanville n/a 400 1 ,000 Courtice n/a 600 1 ,000 Oshawa (Ritson Road) n/a 500 1 ,000 Oshawa (Thornton 3,000 , 4,000 9,000 Road)* Whitby 4,000 4,000 6,000 7,000 9,500 18,000 ... ..~ Expansion requirements A Division of Metrolinx I Harmony Road GO (future) I Bowmanville GO Thornton Road GO II Ritson Road GO I Courtice GO ~ Rail Maintenance Facility, West of Thickson Road Hwy. 401 crossing East of Thickson Rd. Providence Road layover (potential) Rundle Road layover (preferred) ... ... .Rail Maintenance Facility west of Thickson Ro~d A Division of Metrohnx Coach shop Maintenance shop 0- =:~ ~.-.. .- :~-. ........ --- ------ \ Storage for up to 18 trains 1--- 1_1 " I Daily mtce. bays 300-400 employees \ I --.I '-, ~~_.-- , .--- ~ ,- ------.--- -~~ ~VL"tWl _-----~-- ,-- I ( \ , lTiUKr~ ~ ....-- ""'INW~: JJl --~--.::..::....... r -----L - Locomotive wash Wash bay Wayside power & fueling ... ... Hwy. 401 crossing Extend GO subdivision A Division of Metrolinx ~1IIi1 ..... -t ~, ..~ Hwy. 401 -. ~ . ~ .. crossing I " .. ,,: .r " ... ... A Division of Metrolinx ,- !. -: 'rlt 'I ~ . T t~",,:' 1'- ~""- ~ :r~ -, ~ -,- -. - ,I ... r--a.' ~ Stations Courtice GO Station ~ ~ "/ / / ~,r . i ~" ~ ~ '0 co o a:: Q) o '€ ::J o U (jf" '11, ,'/" ,1/"" "IIII'i'oIl11 l7D 'a a 'Hi"/. '111'1111'11 "11'..:.!III1W"IJO' OJ lf77Tirt. '1:-1TTi:-'"itn liimr 1I11m U1','11),III'!!!' 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I ,/ 10 S7i1! lI'irif~~H II Htiitff4i!iH 1 itttH!1S CL1LlWll1....L9Jj...:I!I!-iiHJD IlIJ/,// '-----. --- _ I. ,1(1 I II I ' /,q II 'II, ''''"''''''/11 ... " .... ... ~ . , v ,... ..,. ., " ,- _;;.r..~ '. f . . ...~ '- , , - J . -' .... .. .' .,:J ... - f .- . ~i - ;,.....; ~ - I .:; --- -- ~ Gigas Road ... :;: - - 'A Stations Martin Road GO Station ... ,~ ~ ; '~'''' t, r- .... '1;" , ~.""" , ,'l" " ~'~ ~ ..~\' 'for~", " ~.. '" '" ^'~ >. ''':' . I ' < / ..), ,J '#' ~ t"~ -....".;..., .\.. .. , , '. - - - - t . -- ~ " E. .; :; ~' , .' " ,~ -..' l, -.. ~ .,:..........~...'\- ,.,.. ..... " ~ , ./ ~ .... ... A Division of Metrolinx ." .' ~~,. ~ ........ ;,. .~' '" /' .A!!Io.;.......,. AspenS~, , ... ~~.. ,,... , .,. . ---=-, ~ .JiJi'" . ,~ ..... '. ,.... ...~. \,~ ~({:';' ,.::." _ .S~,_' . ~",""""'.j , ... . ..,_r"""'"lll.'t"--.....- ~ ~....'''''. ~, ',. """-':""Cf:" '., -.: t: . w....:. - .-..... . . 4!._"" · ,~. -..,'. ."t..... ,~ ...,.....,... "4Ili .--..,., -..I "*. J .. - ..;~_.. .., ..J)... ...... IT , - ..........-'.. 1.:/". . " ~ - ' - ;~" ...._- - l~' ~ .- ... ~ f " --- / ::' .. ... . , ~ - , , . " ! ..~ ..~ Stations Lambs Road GO Station (potential future) A Division of Metrolinx 'f' , . ~, . 0""" 1.'\,/1 , ..., ....~ '. J ~. ~ ~.~ l~t ~ .\ . ";, .. ~.~ .. .... . .' .. ~ ~ # .. #' ~~ -: "'~ . . ..~ ....j .. ' . . - ,. -~.- . . - . - - :"I, .-' ,_.- .-\ ...~,~^ ~~'~~.----~..:::::\~'~ . '.\~~-.-.~-~..:-~~~_.~. ~~~"'~'.--_.~\ \ -- ... \ ...'" \ ... ... "" '.~~/ '......;.;;.:.; ..:,~~-_......--.\.. \ .'~ .- ~'~"') \ ...,..- ...... \ ... - \ . . . -\ . . . . . \. . - ~l ,:.~,~,:dii.;jjllill"II;III1I1I1III1D: \\\~~. -- - - . . -- -~~~~. . ~~ ~ ~ ~ - - . ~~II~II!II~II!II~II~II!II~I~ \~. '~~~I 0ttItttttttffi. \ ...'" l' ... I I i- .,~, ~' ~. \J:l ... :: _ _ _ _ _ -' _ _ _ _ _ _ _ _ _ _1_ _ _ _ _ _ _ _ ....I .. .' . .. ~.- . ": !'l"'t~J ;,1: ", .,j~.1 ."": ,:: )t.4f: f ~ , '~~ :'~. ,.. '+-/ ;1 >>. - ...... o#."f. lr ~ ... ",:,:~:tt~ i ~r;~.;,~, tliti14~. ~~~ ~~.l_ ,~'\~ "~f"~.~..1li; ~ 'iI r:.r;~ -l.";i~ '';J,...t, Yt.J/it-; ~:ff;~1?7;~ II, .~ f.f::.1r.:~:J.~.1 ~~ i'.!. "r-.. Il.;;,i~,:}1', ... . . ,'~ ..'.., ~.."-?:/ ,...", ~ ~.~- "',,;.~;~.i r ~. -- ,...... . -"'~ . ~.. ~'. _.l"J.i'-' )~~t... t ~ "A ..., f ~.~ ,-;;:~.: i"' tJ .- ~ ~ t .. . 'If , " PlATFORM . . t. . , Layovers Rundle Road (preferred) ite ..~ ..~ A Division of Metrolinx /.' f1" c ,~. -- · ~J"-, ...... f . . ........ ~ ,. .-....... ........... - ..../ """ . , .... 1'." . " - j. .7 .. r po . "'...""..1'>-." ~ - to' . "i ~ . ~!! , -----~" / I '. " ~ 1',....... "~ 1/ L" '~t "......... ,., ..~I'i; ... ,/ th~. .,.,' f", In. . I l ; ... 6f'........... ......., -- "'...... ,-- ....r ___ ~ p - -.... . .I} : . .,. ,. r ;. '........ (, J II , "- .... -- ~ " ?t ..._~ - .1 . "f$f > ,{ t .~' i ... "\ '. "',.. ~ \- ,,~ ~RE Hwy.401 CONNECTlON "'" '. ". .. ....., ./f. .. " "'" J I ----- ---- --.:::::::::::: '~ '" ~~f~ ". \.. ." Layover site Providence Road layover (potential) - - ... .... A!J :"" ,\C ~ ~ ~ . "')-..:.,- #I - ...' , ~ -~- ...".-. . ~ . .. ... .. ... ... A Division of Metrolinx ,~ ,.:I" . . . ..':), .."- ~ '+- .... ) ....' ~ ,., ~ . ~ ~ ~ ~ . :> '- . ,. " l , ~ '" .. \ ~ ~ \ (. : ..~..," "\. {} . ... ... A Division of Metrolinx Track and signal work Additional two tracks · Existing GO Line to Ritson Road Single track . · Ritson Road to .Bowmanville ..- .... Optional service levels A Division of Metrolinx · Phase 1 - All-day service to Ritson GO - Peak-period service to Bowmanville GO · 4 trains in AM & PM peaks .. Phase. 2 (as demand warrants) - All-day service to Bowmanville GO ... ..~ Study schedule 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) ... ~.- A Division of Metrolinx Project milestones · EA decision - Spring 2010 · Design & Construction phase: Rail 'Corridor - 3 years . · Design & Construction phase: Maintenance Yard - 4 years .. Actual Construction dates dependant upon budget approval ($500-$600 million) from Province. , 1 , ,I , 1 ~ \ , I , ,I ~ -~ \ , ' I I ( , I -, ,I IIIII , " , , ,>>""......." d.1J1111111I111I \ r ......".1.1.....0..11\\' ~ \ - v5,' ,'~\ \ ,~,\ (/\ , , " \ ,\ "'------ , ,\ \ ",' '\....------ \ ?< '; /"'----~. \ ""II r-n- 1",1 L..L ,,,,I -- 1_.1 -- I Q..' '-'-1 r l'llIJ I II 1:,11 I I r \ :::.1" I I L \ '" \~\ \ ' \_ \t\ \ - \ ii\ \.--- r"'""\L I I I _L.__ I 1 r-r - I I I I , " I I' ! 'I I II , I, I I , If I I , \ '- ~ \ \ \ , \' '- , " , " \ ,- , -',- \ II , " , " , " , \, , , 1'- , , I , , " ',.. -, .. , , , , , 1 -, ,I