HomeMy WebLinkAbout10/26/2009
DATE: MONDAY, OCTOBER 26,2009
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held October 5, 2009
Minutes of a special meeting of Council held October 13, 2009
PRESENTATIONS
There are no Presentations scheduled for this meeting.
DELEGATIONS (List as of Time of Publication)
a) Jon Gale - Paving of Bowmanville Tennis Courts (Correspondence Item D - 1)
b) Cathy Abraham - Report CLD-022-09 - Proposed Election Sign By-law
(Unfinished Business #2)
c) Dale Stewart - Petitions Regarding Green Road Extension North and
Intersections of Aspen Springs Drive West and West Side Drive and Abernethy
Crescent and West Side Drive (Correspondence Item D - 7)
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Central Lake Ontario Conservation Authority dated
September 15, 2009
I - 2 Minutes of the Durham Nuclear Health Committee dated
September 18, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
Council Agenda
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1-14
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October 26,2009
Durham Regional Police Service - 2008 Annual Report
P. M. Madill, Regional Clerk, Region of Durham - Climate Change
Science, Greenhouse Gas Emissions Reduction Targets, and
Strategies to Meet Those Targets
P. M. Madill, Regional Clerk, Region of Durham - Regional
Municipality of Peel Resolution - Funding Gap in Health and Social
Services in the Greater Toronto Area/905
P. M. Madill, Regional Clerk, Region of Durham - Accessibility
Advisory Committee Recommendations regarding the Highway 407
East Completion Draft Environmental Assessment Report; and the
Notice of Study Commencement and Notice of Public Information
Centre for the Preliminary Design and Environmental Assessment
Study for the Widening of Highway 401 from Salem Road to Brock
Street in the Towns of Ajax and Whitby
J. W. Tiernay, Executive Director, Ontario Good Roads Association,
(OGRA) - Nominations for the 2010-2011 OGRA Board of Directors
Association of Municipalities of Ontario (AMO) Alert dated October 6,
2009 - Southern Ontario Development Program (SODP)
Josh Terry, Special Assistant to the Honourable Bev Oda, P.C., M.P.,
- Launch of Federal Economic Development Agency for Southern
Ontario (FedDev Ontario)
Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) - Toronto Bank Towers Decision - Divisional
Court
Jaclyn Harper, RN, BScN, Public Health Nurse, Region of Durham -
Prevention of Aggressive Driving
Josh Terry, Special Assistant to the Honourable Bev Oda, P.C., M.P.,
- Building Communities Through Arts and Heritage (BCAH) Program
The Honourable Dalton McGuinty, Premier of Ontario - Lakeridge
Health Bowmanville
Suzanne Tigwell, Executive Director, Resources for Exceptional
Children and Youth - Durham Region - 2008-2009 Annual Report
Laurie Swami, Director, Licensing and Environment, Darlington New
Nuclear Project, Ontario Power Generation (OPG) - Update on the
OPG New Nuclear at Darlington
Council Agenda
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October 26,2009
1-16 P. M. Madill, Regional Clerk, Region of Durham - Discussion Paper
on Requirements for the Content and Preparation of Source
Protection Plans
1- 17 Linda Laliberte, CGA, CAO/Secretary-Treasurer, Ganaraska Region
Conservation Authority
I - 18 Lynn Philip Hodgson, Historian and Co-Author, Camp 30 - Word of
Honour - Former Boys Training School and Prisoner of War Camp
2020 Lambs Road, Bowmanville
I - 19 Mary Tillcock, Organizer, Clarington Terry Fox Run - Letter of
Appreciation
Receive for Direction
D - 1
D-2
D-3
D-4
D-5
D-6
D-7
D-8
D-9
D - 10
Caroline Charman and Jon Gale - Bowmanville Tennis Courts
Gerry Mahoney, South East Clarington Ratepayers' Association - Port
Granby Project
Sharon Eccles - Expropriation of West Beach Lands
Suzanne and Brian Way - Drainage Issues
Terry Downey, Executive Vice-President, Ontario Federation of
Labour - Request for Proclamation of "Community Social Services
Workers Appreciation Day"
Joyce Jones, Bowmanville Toastmasters Club 3541, Toastmasters
International- Request for Proclamation of "Bowmanville
Toastmasters Week"
Dale A. Stewart - Petitions Regarding Green Road Extension North
and Intersections of Aspen Springs Drive and West Side Drive and
Abernethy Crescent and West Side Drive
Brent Van Luven, President, Bowmanville and District Navy League-
Request for Approval of Tag Days
Lisa Janveaux, Community Advantage Rehabilitation Inc. and Colleen
Hynes - Request for Installation of "Deaf Child" Sign on Prout Drive
Patrick Brown, Administrator, Strathaven Lifecare Long Term Care
and Retirement Home - Request for Amendment to By-law 91-58 to
Permit Parking on the East Side of Galbraith Court
Council Agenda
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October 26, 2009
D - 11
Marc Chalifoux, Executive Vice-President, Historica-Dominion
Institute - Veteran Appreciation Days
D - 12
Mayor Cam Jackson, City of Burlington - Community Schools
Alliance: Resolution Regarding the Accommodation Review
Committee process to implement "Smart Moratorium"
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of October 19, 2009
STAFF REPORT(S)
1. Report PSD-1 02-09 - Proposed Modification to Amendment No. 60, Brookhill
Secondary Plan
2. Report EGD-031-09 - Mill Street Road Repairs, Orono (To be distributed under
Separate Cover)
BUSINESS ARISING FROM NOTICE OF MOTION
Moved by Councillor Foster, seconded by Councillor Robinson
WHEREAS the Municipal Elections Act, 1996, requires all candidates to file with the Clerk a
financial statement, and auditor's reports as the case may be, reflecting the candidate's
election campaign finances;
WHEREAS the Act provides for penalties, including forfeiture of office, in the case of a
candidate defaulting on the prescribed filing requirements;
WHEREAS the Act provides that any eligible elector may apply for a compliance audit of a
candidate's election campaign finances where he/she believes on reasonable grounds that
a candidate has contravened a provision of the Act;
WHEREAS it is the duty of the Council to consider the application for a compliance audit
which places the Council in a most challenging position when required to sit in judgment of
whether to conduct a compliance audit on those against whom they contested the election
or with they now sit as fellow council members; and
WHEREAS the AMCTO Municipal Election Project Team was apprised of numerous issues
arising around the Compliance Audit provisions of the Act during the 2003 and 2006
Municipal Elections throughout the province, and concluded the following recommendation
to the Minister of Municipal Affairs and Housing:
"That section 81 'compliance audits' be reviewed in its entirety and consideration be given
to appointing an independent third party to conduct audits."
Council Agenda
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October 26, 2009
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington endorse the
recommendation of the AMCTO Municipal Project Team pertaining to "compliance audits";
and
THAT a copy of this resolution be forwarded to the Minister of Municipal Affairs and
Housing, the Association of Municipalities of Ontario, John O'Toole, MPP, Durham and
all municipalities within Ontario seeking their support.
UNFINISHED BUSINESS
1. Resolution #C-592-09 - Report CLD-021-09 - Methods of Conducting the
2010 Municipal Elections
2. Resolution #C-594-09 - Report CLD-022-09 - Proposed Election Sign
By-law
3. 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
BY-LAWS
NOTICES OF MOTION
OTHER INFORMATION
CONFIRMING BY-LAW
ADJOURNMENT
ClmilJgtnn
Council Meeting Minutes
October 5, 2009
Minutes of a regular meeting of Council held on October 5,2009, at 7:00 p.m., in the
Council Chambers.
Councillor Woo led the meeting in prayer.
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
Facilities Manager, G. Acorn, attended until 1 0:01 p.m.
Purchasing Manager, J. Barber, attended until 10:01 p.m.
Manager of Transportation and Design, L. Benson, attended until
10:01 p.m.
Manager of Communications and Marketing, J. Cooke, attended
until 7:31 p.m.
Manager of Subdivision Implementation, L. Taylor, attended
until 1 0:01 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 10:01 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended
until 1 0:01 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming,
attended until 10:01 p.m.
Deputy Clerk, A. Greentree
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect
to the delegation of Richard Ward and Item 8 of Report #1.
Councillor Foster rose on a Point of Order stating he does not believe that
Mayor Abernethy has disclosed the nature of the conflict, if, in fact, there is a
pecuniary interest.
Mayor Abernethy responded to Councillor Foster's Point of Order and comments
made by other Members of Council that the onus is on the individual to declare a
conflict and that he has met the requirements of the Municipal Conflict of Interest Act.
He further confirmed his position that if he perceives he has a conflict then he
declares an interest by erring on the side of caution, and that his definition of interest
is not just monetary.
Council Meeting Minutes
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October 5, 2009
In response to a question, Mayor Abernethy advised the individual who worked on his
campaign is Luke Prout.
ANNOUNCEMENTS
Councillor Hooper announced the following:
· Two new businesses have opened in Bowmanville - Atkins Automotive on
Temperance Street South and My Best Friend, dog grooming business, has
relocated to Division Street.
· On Saturday, October 17, 2009, the Annual Apple Festival and Craft Sale, a
great community event, will take place featuring eight local bands, craft
vendors, contests and apple fritters, dumplings, pies, etc.
· On October 17, 2009, the 23rd Annual Model Railroad Show will be held at the
Bowmanville High School.
Councillor Novak announced the following:
· She accepted a plaque on behalf of the Municipality, recognizing the
Municipality's monetary support of the 2009 Durham Children's Groundwater
Festival.
· She attended the Durham Strategic Energy Alliance Convention held in Ajax
and referenced a full-page ad in the ReNew Canada Magazine featuring
Clarington's community profile and providing positive information about the
Municipality.
· The Gates Open Farm Tour and Savour Durham Harvest Market and Dinner
held on October 2 and 3, 2009, were a great success.
Councillor Trim announced the following:
· He attended the 1 ih Annual Durham Children's Groundwater Festival held at
Camp Samac for Grade 4 students and accepted a plaque on behalf of the
Region of Durham in recognition of the Region's support of the Festival.
· He attended the Region of Durham's Employee Long-Term Service Awards
and Retirees Banquet, an evening to honour Regional employees, which was
very well organized.
· On October 18, 2009, from 9:00 a.m. until 1 :00 p.m. the Regional Municipality
of Durham is inviting residents to drop off their electronic and electrical waste
(e-waste) for free recycling at 178 Darlington/Clarke Townline Rd. Examples
include: televisions, satellite systems, computers, monitors, printers and
accessories, fax machines, photocopiers, gaming systems, telephones, PDAs,
calculators, electronic cash registers, radios, amplifiers, turntables, stereos,
VCR and DVD players, projectors, cameras and camcorders.
Council Meeting Minutes
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October 5, 2009
Mayor Abernethy announced the following:
· Today is start of Fire Prevention Week. Mayor Abernethy reminded all
Clarington residents that they are required to have working smoke alarms on all
levels of their homes and urged residents to test their smoke alarms. This
year's theme is "Stay Fire Smart", and Fire and Emergency Services staff are
reminding residents to have a home escape plan and a designated meeting
area in case of an emergency.
· A Special Meeting of Council has been called for Tuesday, October 13, 2009,
at 2:00 p.m. in the Council Chambers to review a Report on options for the
method of conducting the 2010 Municipal Elections and the proposed Election
Sign regulations. The meeting is open to the public and delegations will be
heard. The staff report will be available for publication late Thursday afternoon.
MINUTES
Resolution #C-548-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on September 21,2009, be
approved.
"CARRIED"
PRESENTATIONS
Mayor Abernethy stated it was his great pleasure to have Members of the Clarington
Green Gaels Jr. liB" Lacrosse Team in attendance this evening. He noted the team
participated in the Founders Cup Jr. "B" Lacrosse National Championship Tournament
securing runner-up status. The Green Gaels had six goals called back and this is only
the third time in the 38-year history of the Founders Cup Tournament that an Ontario
Team has not been able to bring the cup home.
Peter Abramczyk adressed Council stating it was a major disappointment for the team
when the game was taken away from them. He acknowledged that the team did win
the Ontario Championship and he invited Coach Jason Crosbie to accept certificates
on behalf of those members not in attendance.
Mayor Abernethy presented Certificates to the following team members present this
evening: Connor Latimer, Curtis Knight, Ryan Degerdon, Matt Chamois, Head Coach
Jason Crosbie, Assistant Coach Dave Lundy, Trainer Kenny Johnston, and General
Manager Paul Chamois. Peter Abramczyk accepted a Certificate on behalf of
President Dave Abramczyk.
Council Meeting Minutes
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October 5, 2009
Head Coach Jason Crosbie accepted Certificates on behalf of the following team
members who were not able to attend this evening: Kirby Upshaw, Jordan
Saunderson, James Shepherd, Dan Pogmore, Zach Palmer, John Lafontaine,
RYaffServille, Eric; Amodeo, Emerson Clark, Chris Cudmore,TLJcas Fern~-M1K8[um
Walker, Mike McCusker, Mike Power, Mitchell Wilde, Mitchell Chapman, Jesse Austin,
Shayne Jackson, Zack Higgins, Steve Bourden, Chad Tutton, Assistant Coach
Paul Stewart, Mike Bryant, and Equipment Manager Dave Murray.
Glenn Rainbird, O.C., Chair, Veridian Corporation and Michael Angemeer, President
and CEO, Veridian Corporation, addressed Council to present Veridian's Annual
Report. Mr. Rainbird advised that he would speak briefly on the productivity of
Veridian and would then call upon Mr. Angemeer to provide detailed information.
Mr. Rainbird stated the success of Veridian is not only due to its employees, but also
to the contributions of the Board Members and acknowledged Councillor Foster,
former Board Member, and Mayor Abernethy, Councillor Novak, and Howard
Edmonson, Board of Directors, Veridian Corporation and Brian Mountford, Board of
Directors, Veridian Connections Inc. Mr. Rainbird advised that these are challenging
times from an energy perspective and that Veridian sees a responsibility to playa role
in promoting a green environment. He stated Veridian is in a business that is
encouraging their customers to use less of their product but despite facing challenges,
revenues and profitability have grown. Mr. Rainbird advised that 2008 was a very
successful year and that there were no threats to the revenue stream that the
Municipality relies on as a shareholder. Mr. Rainbird stated that he was pleased to
report that the combination of dividends and interest in 2009 from Veridian will exceed
$1.8 million.
Michael Angemeer addressed Council to provide highlights of 2008 and to present the
2008 Annual Report "Smart energy. Strong communities. Bright future."
Mr. Angemeer stated he is pleased with Veridian's financial performance over the past
year, noting Veridian continues to be one of the most profitable utilities in the province
with among the lowest rates charged to customers. He stated despite a deteriorating
economic climate in 2008, annual earnings exceeded expectations and were almost
level with the $8.9 million earned in 2007, there was an 18.5% net income
improvement to the 2008 budget, the company paid $8.8 million in interest and
dividend payments to shareholders, no new debt was incurred, and there has been an
increase in the book value of capital assets of $.7 million which will support growth,
replace aging equipment and improve system reliability. Mr. Angemeer advised
Veridian has a 95% customer satisfaction rating and that staff have achieved over 2
million hours with no lost-time injuries. Mr. Angemeer confirmed that Veridian will play
a major role in setting new direction for the electricity industry in Ontario and is looking
to future renewable energy and other areas to increase returns to their shareholders.
He confirmed that there has been interest from other municipalities for partnership
opportunities and that Veridian is proud of its corporate responsibility to the
community in supporting Lakeridge Health Bowmanville, solar initiatives at the
Ganaraska forest, the Clarington Board of Trade and other small area charities.
Council Meeting Minutes
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October 5, 2009
Mr. Angemeer summarized by stating that the Corporation is well on its way to
achieving its five-year plan and extended an invitation to Members of Council to help
celebrate Veridian's 10th Anniversary on November 5, 2009. Copies of the 2008
Annual Report were provided to all Members of Council.
Laurie Swami, Director, Licensing & Environment Darlington New Nuclear Project,
Ontario Power Generation addressed Council to provide an update on Ontario Power
Generation's (OPG) Darlington New Nuclear Project. Through use of a PowerPoint
presentation, Ms. Swami provided an overview of OPG's major milestones as part of
the federal approvals process noting on September 30,2009, OPG submitted the
Environmental Impact Statement (EIS), the updated application for a License to
Prepare Site and initiated other Federal approvals requiring early consideration. She
noted the materials included in the EA submission consist of the main EIS and 28
Technical Support documents which were subject to independent expert peer reviews
prior to being finalized. She indicated that throughout the EA process, OPG sought
community confirmation of the work undertaken to date and input for the next steps in
the assessment. Ms. Swami advised that the EIS concludes that the New Nuclear at
Darlington Project will not result in any significant adverse environmental effects,
taking into account proposed design and mitigation measures. Ms. Swami stated
OPG's Application for a License to Prepare Site (L TPS) is the first of three
applications demonstrating that the site is appropriate for a nuclear power plant; the
CNSC regulatory requirements are satisfied that OPG is qualified to carry out the
activity and that OPG will make adequate provision for the protection of the
environment, health and safety of persons, and maintenance of National security
measures required to implement international obligations to which Canada has
agreed. The submissions will be provided to a Federally appointed Joint Review
Panel to conduct a public and technical review of the material submitted and to
determine whether there is sufficient information to proceed with a hearing. Ms.
Swami concluded by stating that there is broad support for the project and that most
people are interested in OPG getting on with the project as is. She stated OPG will
continue to update Council during the review process and encouraged the public to
visit the kiosk in the Bowmanville Mall or view the website at www.opg.com/newbuild.
Regina Elliott, Program Manager, Infectious Disease Prevention and Control, Durham
Region Health Department, addressed Council to provide an overview of the Region's
H1 N1 (Swine) Flu Readiness Plan. Through use of a PowerPoint presentation, Ms.
Elliott reviewed the symptoms, the current status of the H1 N1 flu, current statistics
including 119 cases in Durham Region and how Ontario is preparing to respond to the
potential for 2nd wave activity with increased severity. She noted the Province has
developed a tracking system to monitor the spread, developed a communication
campaign and has stockpiled antiviral flu medication. Ms. Elliott stated Flu
Assessment Centres, temporary additions to the health care system, will be
established, if needed, and Durham Region Health Department is coordinating
collaboration with local community partners, CHC's and hospitals to assist with this.
Council Meeting Minutes
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October 5, 2009
The seasonal flu vaccine for those 65 years and over and residents of long-term care
facilities will be available in October, the H1 N1 flu vaccine will be available for priority
groups, e.g. young persons and pregnant women in November, and will be followed
by the availability of the Seasonal flu vaccination universally in December/January.
Ms. Elliott reviewed prevention measures and the use of antivirals and stated that
municipalities, organizations and business should ensure that they have plans to
continue their operations in the event of staff illness and should communicate with
staff members about changes in business operations and ensure employees know
they are expected to stay home if they are ill.
DELEGATIONS
Mayor Abernethy stated a pecuniary interest with respect to the delegation of
Richard Ward regarding Report CLD-017-09 Compliance Audit - John Mutton 2006
Election Campaign as one of the individuals who brought the complaint forward
against the individual at the centre of the Compliance Audit was a member of his 2006
Election Campaign, and he competed for the position he now holds with the individual
who is at the centre of the Compliance Audit. Mayor Abernethy vacated the Chair and
refrained from discussion and voting on this matter.
Deputy Mayor Trim chaired this portion of the meeting.
Richard Ward addressed Council concerning Item 8 of Report #1 - Report
CLD-017-09 - Compliance Audit - John Mutton 2006 Election Campaign. Mr. Ward
stated he feels the current audit of the financial return of former Mayor John Mutton
contains minor variations such as occupying a building without a permit, and that he
does not believe that a compliance audit is the only way to identify a violation and that
violations should be stand-alone. Mr. Ward questioned what the next steps will entail
if the audit verifies that the Municipal Elections Act has not be complied with and feels
that if Council investigates and prosecutes John Mutton, then Council should also
investigate the audit conducted on Mayor Abernethy's financial statement as he feels
there are more significant violations to the election rules in Mayor Abernethy's return
than in that of John Mutton.
Mayor Abernethy resumed the Chair.
Resolution #C-549-09
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Council recess for ten minutes.
"CARRIED"
The meeting resumed at 8:45 p.m.
Council Meeting Minutes
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October 5, 2009
COMMUNICATIONS
Resolution #C-550-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Items 1- 2,1- 3,1- 4,1- 5,1- 8,1- 9,1- 10, 1- 11, 1- 14, I -15, and 1-17.
"CARRIED"
1- 1 Minutes of the Clarington Traffic Management Advisory Committee
dated June 18,2009.
1-6 Debbie Gordon, Save the Oak Ridges Moraine Coalition (STORM)
advising of a number of events planned on the Oak Ridges Moraine
this fall and advising of a special train ride event taking place on
November 1, 2009, in celebration of 20 years of activism on the
Moraine.
1-7 Chris Andersson, Clinical Coordinator, Central East Prehospital Care
Program (CEPCP), commending Council and staff, on behalf of the
CEPCP, the Paramedics of Durham Region Emergency Medical
Services, and Clarington Fire Services, for maintaining an AED
program at the Orono Arena, which was utilized in assisting a victim
of Sudden Cardiac Arrest on September 10,2009, allowing for the
best possible care to be provided in the time period prior to
Firefighters and Paramedics arriving on the scene.
1- 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to the Quarterly Report on
Planning Activities:
"a) THAT Report #2009-P-56 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2009-P-56 be forwarded to all Durham
Area Municipalities, Durham Regional Police Service, and Durham
Emergency Medical Services for information."
1- 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to proposed amendments
to regulations under the Planninq Act to notify propane facility
operators of development applications:
Council Meeting Minutes
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October 5, 2009
"a) THAT Report #2009-P-52 of the Commissioner of Planning be
forwarded to the Ministry of Municipal Affairs and Housing, as the
Region of Durham's comments on the proposed amendments to
Regulations under the Planninq Act, to notify propane facility
operators of development applications (EBR Registry Number
010-5183); and
b ) THAT a copy of Report #2009-P-52 be forwarded to the Area
Municipalities for information."
I - 16 Jay Dagan objecting to the proposed "Energy-From-Waste" facility
due to health risks to present and future generations and the
increasing pollution to the already compromised air shed; a number of
physicians have already expressed their opinions against incineration;
expressing concern that the Environmental Assessment did not
include Lake Ontario in the study; suggesting the severity of the issue
warrants a referendum; and, urging Council to support more
environmentally sustainable and fiscally responsible alternatives such
as the models used in Nova Scotia and Alberta.
I - 2 Minutes of the Clarington Heritage Committee dated September 15,
2009.
Resolution #C-551-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the Minutes of the Clarington Heritage Committee dated September 15,
2009 be received for information.
"CARRIED"
I - 3 The Honourable John Gerretsen, Minister of the Environment,
responding to Council's resolution that no garbage from the City of
Toronto be allowed to be burned at the St. Marys Cement Plant;
indicating that on September 29, 2008, St. Marys Cement Inc.
submitted applications to burn only residual plastic film from
Orgaworld Canada Ltd. in London, ON and post-recycling biosolids
and residual materials from Atlantic Packaging in Whitby and
confirming that St. Marys has not requested approval to incinerate
municipal garbage from the City of Toronto; and, assuring Council
that the Ministry will advise the Municipality on any decision made
regarding the application.
Council Meeting Minutes
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October 5, 2009
Resolution #C-552-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item 1- 3 from the Honourable John Gerretsen, Minister
of the Environment, with respect to burning of municipal garbage from the City
of Toronto at the St. Marys Cement Plant, be received for information.
"CARRIED"
I - 4 Mayor David Miller, City of Toronto, responding to Mayor Abernethy's
correspondence concerning the disposition of residual waste from
Orgaworld and confirming that all residue from the processing of
Toronto compost, as part of Toronto's contract with Orgaworld, will go
to Green Lane Landfill, preventing Orgaworld from sending any
residual processed waste from Toronto's Green Bin Program to the
St. Marys facility.
Resolution #C-553-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item 1-4 from Mayor David Miller, City of Toronto, with
respect to disposition of residual waste from Orgaworld, be received for
information.
"CARRIED"
1-5 The Honourable John Gerretsen, Minister of the Environment,
responding to Council's correspondence of July 23,2009, pertaining
to the "No Waste by '38" initiative; highlighting a number of waste
reduction and diversion efforts approved in support of moving towards
a sustainable society, including the review of the Waste Diversion Act,
2002, the approval of Waste Diversion Ontario's Used Tire Diversion
Program; and the Waste Electrical and Electronic Equipment
Program; advising a report will be issued on the review of the Waste
Diversion Act, 2002, responding to the comments, concerns and
innovative suggestions that have been received; and, extending
appreciation to the Municipality and the Region of Durham for their
involvement in reducing Ontario's residual waste and encouraging the
Municipalities to continue contributing to waste diversion.
Council Meeting Minutes
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October 5, 2009
Resolution #C-554-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item I - 5 from the Honourable John Gerretsen, Minister
of the Environment, with respect to "No Waste by '38 Initiative, be received for
information; and
THAT a copy of Correspondence Item I - 5 be forwarded to the Region of
Durham and the area municipalities.
"CARRIED"
1-8 The Honourable Rob Merrifield, P.C., M.P., responding to Council's
correspondence of July 31, 2009, concerning rural postal services in
Clarington; advising on September 12, 2009, the Government
announced the Canadian Postal Service Charter establishing the
expectations Canadians have for Canada Post and indicating that the
provision of postal service to rural regions of the country is an integral
part of Canada Post's universal service; and, indicating that as a
result, the Government is maintaining the moratorium on the closure
of rural post offices.
Resolution #C-555-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item I - 8 from The Honourable Rob Merrifield, P.C.,
M.P., with respect to rural postal delivery, be received for information.
"CARRIED"
1-9 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on
September 14, 2009, the Township of Uxbridge adopted the following
resolution pertaining to the growing gap between health services
required for our growing and aging population and the services
available:
"THAT the Council of the Township of Uxbridge support the Region of
Durham's Resolution that the Regional Municipality of Durham plead
with the Provincial Government, the LHIN's Lakeridge Health and the
Ministry of Health and Long Term Care to ensure that services and
treatment will be enhanced and not reduced nor withdrawn from the
Bowmanville site."
Council Meeting Minutes
- 11 -
October 5, 2009
Resolution #C-556-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the Township of Uxbridge, with respect to the growing
gap between health services required for our growing and aging population and
the services available, be endorsed.
"CARRIED"
I - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to the Proposed Durham-
Based Research Innovation Centre - Support for a Durham Strategic
Energy Alliance - Lead Ontario Network of Excellence Expression of
Interest Proposal:
"a) THAT the Durham Strategic Energy Alliance (DSEA) - lead
proposal submission to the Provincial Ministry of Research and
Innovation for the creation of a Durham-based Research
Innovation Centre under the Ontario Network of Excellence, be
supported; and
b) THAT upon approval, this resolution be forwarded to all Durham
Members of Provincial Parliament, Councils of all Durham local
municipalities, and all Durham Boards of Trade and Chambers of
Commerce."
Resolution #C-557 -09
Moved by Councillor Foster, seconded by Councillor Woo
THAT the resolution from the Region of Durham, with respect to the Proposed
Durham-Based Research Innovation Centre - Support for a Durham Strategic
Energy Alliance - Lead Ontario Network of Excellence Expression of Interest
Proposal, be endorsed.
"CARRIED"
1-11 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to Update Report on the
first four months of operations related to the changes to waste
collection levels of service in the Townships of Brock, Scugog and
Uxbridge and the Municipality of Clarington, effective March 31, 2009:
Council Meeting Minutes
- 12 -
October 5, 2009
"a) THAT the Regional Municipality of Durham Works and Finance
Department staff be authorized to negotiate with Miller Waste
Systems during the Fall of 2009 to amend the existing Regional
Contract T-434-2008 for transition to 24 collection weeks for leaf
and yard waste in the Townships of Brock, Scugog and Uxbridge
with collection to commence during the Spring of 2010;
b) THAT the amended contract be subject to acceptable costs and
terms being negotiated, as determined by the Commissioners of
Works and Finance and subject to review by Legal Department
staff, with operational cost impacts to be financed through the
2010 and future Solid Waste Operating Budgets; and
c) THAT a copy of Report No. 2009-WR-17 of the Commissioner of
Works be forwarded to the Municipality of Clarington and
Townships of Brock, Scugog and Uxbridge to ensure the residents
are properly recognized for their excellent diversion efforts and
support in making this transition period a success."
Resolution #C-558-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item I - 11 from Regional Municipality of Durham, with
respect to the changes to waste collection levels of service in the Townships of
Brock, Scugog and Uxbridge and the Municipality of Clarington, be received for
information.
"CARRIED"
1-14 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23,2009, Regional Council
adopted the following resolution pertaining to GO Transit Rail Service
extension from Oshawa to Bowmanville and construction of a Rail
Equipment Facility in Whitby:
"a) THAT through the planning and design of the rail service
extension from the City of Oshawa to Bowmanville, in the
Municipality of Clarington, GO Transit be requested to:
i) Undertake traffic impact assessments for each proposed new
GO Transit Station, and for the Town of Whitby maintenance
facility, to determine the appropriate access configuration and
to identify any Regional road and/or intersection
improvements required to accommodate GO Transit traffic;
Council Meeting Minutes
- 13 -
October 5, 2009
ii) Identify the water and sanitary sewer servicing requirements
for each station site and the Town of Whitby maintenance
facility, so the Regional Municipality of Durham can
determine the availability of services and any service
upgrades or extensions required to meet GO Transit's needs;
iii) Consider the planned Regional road or service improvements
that may be affected by the extension of GO Transit rail
services;
iv) Enter into servicing agreements with the Regional
Municipality of Durham, or determine an acceptable
alternative arrangement, to address matters of performance,
maintenance and ownership associated with Regional road or
service improvements that will be undertaken by GO Transit
as part of the extension of GO Transit rail services;
v) Be responsible for 100 per cent of the project costs, including
improvements to Regional roads and services that are
necessary to accommodate GO Transit's project; and
b ) THAT a copy of Joint Report #2009-J-33 be provided to GO
Transit, the Town of Whitby, the City of Oshawa and the
Municipality of Clarington."
Resolution #C-559-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item I - 14 from the Regional Municipality of Durham,
with respect to GO Transit Rail Service extension from Oshawa to Bowmanville
and construction of a Rail Equipment Facility in Whitby, be referred to the
Director of Engineering Services.
"CARRIED"
1- 15 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23,2009, Regional Council
adopted the following resolution pertaining to Durham Region Profile
- Demographics and Socio-Economic Data, File: D01-04
(2009-P-53 ):
"a) THAT Report #2009-P-53 of the Commissioner of Planning be
received for information; and
b ) THAT a copy of Report #2009-P-53 be forwarded to all Regional
Departments, Area Municipalities, School Boards and Public
Libraries."
Council Meeting Minutes
- 14 -
October 5, 2009
Resolution #C-560-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 15 from the Regional Municipality of Durham,
with respect to Durham Region Profile - Demographics and Socio-Economic
Data, be received for information.
"CARRIED"
1- 17 Gary Cole, President, West Beach Association, forwarding a
progress report, on behalf of the cottage community on the West
Beach at Port Darlington, highlighting activities that have taken place
throughout the spring and summer to improve the appearance and
condition of members' cottages and the Beach in general; indicating
that during the summer the cottagers held their usual social events,
including card parties, barbeques, community suppers, pancake
breakfast, horseshoe tournament and screened a special showing of
the Hollywood movie "Kills hot" which featured scenes that were shot
on the West Beach; and extending an invitation to Members of
Council and citizens of Clarington to visit the beach to participate in
the Association's activities or enjoy the natural beauty, tranquility and
charm of the beach.
Resolution #C-561-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 17 from Gary Cole, President, West Beach
Association, forwarding a progress report on the West Beach, be referred to the
Director of Planning Services.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Correspondence Item D - 9 was received as a hand out.
Resolution #C-562-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Correspondence Items D - 1 to D - 6 be approved as per the agenda, with the
exception of Items D - 1, D - 2 and D - 4.
"CARRIED"
Council Meeting Minutes
- 15 -
October 5, 2009
D - 3 Jo-Anne St. Godard, Executive Director, Recycling Council of
Ontario (RCO), forwarding an information kit including a promotional
poster and postcard and messages from Ontario's Minister of the
Environment and RCO program sponsors to assist the Municipality in
recognizing and celebrating Waste Reduction Week in Canada and
requesting that October 19 to 25, 2009, be proclaimed as "Waste
Reduction Week".
(Proclaimed)
D - 5 David Clark, Executive Vice President Corporate Services and CFO,
Veridian Corporation, advising that the current, second amended
versions of the Promissory notes established pursuant to transfer by-
laws passed under the Electricity Act, 1998, become due on
November 1,2009; outlining the terms of the outstanding notes and
proposed amendments; and, proposing that a by-law confirming the
extension of the maturity date of the Outstanding Notes to
November 1,2012 and approving the Note Amending Agreement
and the form of the applicable Third Amended and Restated
Promissory Note be passed.
(Request approved and appropriate
by-law be passed)
D - 6 Anita Stillman, expressing the importance of the Seniors'
Snowclearing service to many seniors who are unable to shovel
themselves, who are on fixed incomes, and who wish to remain living
independently; and, stating she feels that $80,000 appears to be a
small savings in the scheme of Government spending and hoping
that the program of aid for seniors in trouble will be allowed to
continue.
(To be advised of Council's decision
with respect to Report COD-058-09)
D - 1 Clayton Morgan tendering his resignation from the Clarington Traffic
Management Advisory Committee.
Resolution #C-563-09
Moved by Councillor Woo, seconded by Councillor Foster
THAT Correspondence Item D - 1 from Clayton Morgan, tendering his
resignation from the Clarington Traffic Management Advisory Committee, be
received with regret and referred to the Municipal Clerk.
"CARRIED"
Council Meeting Minutes
- 16 -
October 5, 2009
D - 2 Correspondence has been received from the following individuals
advising the Bowmanville Tennis Club is part of Bowmanville's
historic core providing a first class outdoor sport facility maintained at
no cost to the municipality; expressing concern with the potential loss
of the Bowmanville Tennis Courts and the expansion of parking into
the local community park as a solution to the parking problems
experienced by the Older Adult Association; suggesting the Older
Adult Association consider satellite locations to expand their
programming; and, urging Council to recognize the club's historic and
community value and to find another solution to the parking problem.
a) Andrew S. James
b) June and Steve Schultz
c) Nancy and Stephen Kalotai
d) Laurie Lafrance, Kevan Goble and Family
e) Janet Rice
f) Kelly Knight
g) Scott Kelly
Resolution #C-564-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item D - 2 from Andrew S. James, June and Steve
Schultz, Nancy and Stephen Kalotai, Laurie Lafrance, Kevan Goble and
Family, Janet Rice, Kelly Knight, and Scott Kelly, with respect to the
Bowmanville Tennis Courts, be referred to staff.
"CARRIED"
D - 4 James Slyfield advising that he had previously expressed his
concerns regarding the Middle Road realignment, as part of the
Highway 407 project,; acknowledging that he met briefly with staff
and a representative of an agent of the Ministry of Transportation
and that the Planning Department expected the Ministry of
Transportation to complete the road realignment design and address
the consequent impacts on adjacent neighbours; indicating that to
date there has been no direct consultation with himself or any of his
neighbours concerning road realignment, road elevation changes,
existing road removal and re-Iandscaping, driveway design, driveway
reconstruction, land ownership concerns or other matters; and listing
a number of major concerns he is requesting to be addressed and
resolved prior to the Ministry of Transportation taking steps to
acquire the property they are planning to expropriate from his land.
Council Meeting Minutes
- 17 -
October 5,2009
Resolution #C-565-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item D -4 from James Slyfield regarding the Highway
407 project, be referred to the Director of Engineering Services, the Director of
Planning Services and the Ministry of Transportation.
"CARRIED"
D - 7 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade
Committee, expressing concern with the budget cuts and new
chargeable fee of approximately $1,250 for the set up and take down
costs of the parade; indicating that there is no funding available in
the Parade budget and very limited time to revise the budget and
locate extra funds; and, requesting that Council waive these fees for
the 2009 Newcastle Santa Parade, given the high cost compared to
the parade budget as a whole.
Resolution #C-566-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the request from Martha Hendrikx and Joan Kimball, Newcastle Santa
Parade Committee to waive the set up and take down costs of the Newcastle
Santa parade be received for information.
"CARRIED"
D - 8 Sandra Sherk, Executive Director, Credit Counselling Services of
Durham Region, (CCSRD), an accredited agency providing
assistance to families and individuals in dealing with financial
challenges; advising of the increase in demand for service as a result
of these trying economic times and the difficulty CCSDR is
experiencing in trying to find funding to operate their services; and,
requesting Council's assistance in helping the CCSDR to find
ongoing funding to continue offering much-needed services to the
people of the communities they serve.
Council Meeting Minutes
- 18 -
October 5, 2009
Resolution #C-567 -09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item D - 8 from Sandra Sherk, Executive Director,
Credit Counselling Services of Durham Region, (CCSRD), requesting financial
assistance to operate their services, be received for information.
"CARRIED"
D - 9 Don Cooper, President, Poppy Chairman, Royal Canadian Legion
Branch 178, regarding the following matters:
a) advising the Legion has been approached with a proposal to
use their property to build a new Legion with up to 30 units
above for seniors and disabled persons, under the Canada-
Ontario Affordable Housing Program; requesting comments on
the project and on how the municipality would be able to help
the Legion fin~ncially; and,
b) requesting Council to exempt the fees that the Legion will now
have to pay for special event services under Resolution
C-4 71-09 for the Remembrance Day Parades as Veterans feel
this is an unjust fee and that they are upset that the
Municipality wants to charge the Legion for remembering the
men and women who fought and died for Canada's freedom;
and, requesting exemption for the Road Occupancy Costs for
the Newtonville, Orono, Newcastle and Bowmanville
Remembrance Day Parades.
Resolution #C-568-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item D - 9 from Don Cooper, Royal Canadian Legion
Branch 178, with respect to a housing proposal and request for exemption of
special event services costs and Road Occupancy Costs, be referred to staff.
"CARRIED"
Council Meeting Minutes
- 19 -
October 5, 2009
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report September 28,
2009.
Resolution #C-569-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of September 28,
2009, be approved, with the exception of Item #8.
"CARRIED"
Mayor Abernethy stated a pecuniary interest with respect to Item 8 of Report #1 -
Report CLD-017-09 Compliance Audit - John Mutton 2006 Election Campaign as one
of the individuals who brought the complaint forward against the individual at the
centre of the Compliance Audit was a member of his 2006 Election Campaign, and he
competed for the position he now holds with the individual who is at the centre of the
Compliance Audit. Mayor Abernethy vacated the Chair and refrained from discussion
and voting on this matter.
Deputy Mayor Trim chaired this portion of the meeting.
Item #8
Resolution #C-570-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report CLD-O 17 -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 M~tton's 2006 Mayoral Campaign; and
Council Meeting Minutes
- 20-
October 5, 2009
THAT the interested parties listed in Report CLD-016-09 be advised of Council's
decision.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster ..j
Councillor Hooper ..j
Councillor Novak ..j
Councillor Robinson ..j
Councillor Woo --J
Councillor Trim --J
Mayor Abernethy ..j
Mayor Abernethy resumed the Chair.
STAFF REPORTS
Resolution #C-571-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report COD-059-09 be received;
THAT Ambler & Co. Inc., Mississauga, Ontario, with a total revised bid in the amount of
$136,145.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2009-37, be awarded the contract for the
Solina Road Drainage Improvements, as required by the Engineering Department;
THAT Part B (Ditching -"Farmers Field") of the above contra.ct be deferred pending
satisfactory negotiations with the property owner;
THAT funds required in the amount of $153,000.00 (which includes $136,145.00
tendering, design, contract administration and contingencies) be drawn from Account
#110-32-330-83352-7401;
THAT the additional funds in the amount of $53,000.00 required to complete the
project be transferred from the unspent funds from 2008 Capital for the Beech Avenue
Reconstruction;
THAT staff be authorized to proceed with Part B of the contract pending successful
negotiations with the property owner; and
Council Meeting Minutes
- 21 -
October 5, 2009
THAT the By-law marked Schedule "A" attached to Report COD-059-09 authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
"CARRIED"
Resolution #C-572-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Report COD-060-09 be received;
THAT Coco Paving Inc., Oshawa, Ontario, with a total revised bid in the amount of
$2,099,521.95 (plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2009-38, be awarded the contract for the
Concession Road 6 Rehabilitation, as required by the Engineering Department;
THAT funds required in the amount of $2,461 ,000.00 (which includes $2,099,521.95
tendering, design contract administration and contingencies) be drawn from Account
#110-32-330-83402-7401; and
THAT the By-law marked Schedule "A" attached to Report COD-060-09 authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
"CARRIED"
Resolution #C-573-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Staff Report #3 - Confidential Verbal Report of the Chief Administrative Officer
regarding a Personnel Matter be referred to a closed session of Council to be
considered after the Other Information Section of the Agenda.
"CARRIED"
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-574-09
Moved by Councillor Robinson, seconded by Councillor Foster
WHEREAS, the Municipality of Clarington's largest source of revenue is obtained from
property taxation;
AND WHEREAS, Clarington Council is concerned about ensuring that non-residential
growth from new construction is placed on the roll in time for the 2009 roll returned for
the 2010 tax year;
Council Meeting Minutes
- 22-
October 5, 2009
AND WHEREAS, at present time, MPAC is behind in processing Municipality of
Clarington's non-residential property assessments;
AND WHEREAS, it is essential for 2010 budget purposes to ease the tax burden on
the residential taxpayers by ensuring the new non-residential properties are entered
onto the tax roll as soon as possible through the MPAC process;
NOW THEREFORE be it resolved that the Council of the Municipality of Clarington
request MPAC to place a priority on Clarington's new non-residential property
assessments so that these properties will be on the returned roll at the end of 2009 for
2010 taxation;
AND FURTHER that this resolution be forwarded to Mr. Michael Porporo, Municipal
Relations Representative, Municipal Property Assessment Corporation (MPAC) and
John O'Toole, MPP, Durham.
"CARRIED"
Resolution #C-575-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the following resolution #C-452-09 be reconsidered:
"THAT Report COD-051-09 be received;
THAT based on the potential for incomplete service for the Senior Snow
Clearing Program due to tender bids for part of the municipality only, Council
consider deferral of the program for the winter 2009-2010 season;
THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow
Clearing Program is cancelled;
THAT in light of the current economic climate resulting in budgetary restraints
the 2010 budget deliberations consider the future of this non-core service
provision for the 2010/2011 winter season; and
THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior
Snow Removal program and other service programs, is rejected on the basis of
unacceptable past service, until such time as there is proof that their service
meets acceptable Municipal standards."
"CARRIED"
Council Meeting Minutes
- 23 -
October 5, 2009
Resolution #C-576-09
Moved by Councillor Robinson seconded by Councillor Novak
THAT Report COD-051-09 be received;
THAT based on the potential for incomplete service for the Senior Snow Clearing
Program due to tender bids for part of the municipality only, Council consider deferral
of the program for the winter 2009-2010 season;
THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing
Program is cancelled;
THAT in light of the current economic climate resulting in budgetary restraints the
2010 budget deliberations consider the future of this non-core service provision for the
2010/2011 winter season; and
THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior
Snow Removal program and other service programs, is rejected on the basis of
unacceptable past service, until such time as there is proof that their service .
meets acceptable Municipal standards.
"PARAGRAPHS 1 to 4 LOST,
PARAGRAPH 5 CARRIED"
(See following motions)
Resolution #C-577 -09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the foregoing Resolution #C-576-09 be divided to vote on Paragraphs 1 to 4
separately from Paragraph 5.
"CARRIED"
The vote on Paragraphs 1 to 4 "LOST ON THE FOLLOWING RECORDED
VOTE":
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster .y
Councillor Hooper .y
Councillor Novak .y
Councillor Robinson .y
Councillor Trim .y
Councillor Woo .y
Mayor Abernethy .y
Council Meeting Minutes
- 24-
October 5, 2009
Resolution #C-578-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior
Snow Removal program and other service programs, is rejected on the basis of
unacceptable past service, until such time as there is proof that their service
meets acceptable Municipal standards.
"CARRIED"
UNFINISHED BUSINESS
Resolution #C-579-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report CLD-019-09 be received;
THAT a letter of support be forwarded to Show Kids You Care.
"CARRIED"
Resolution #C-580-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report COD-058-09 be lifted from the table.
"CARRIED"
Resolution #C-581-09
Moved by Councillor Hooper, seconded by Councillor Foster
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;
Council Meeting Minutes
- 25-
October 5,2009
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.
"CARRIED AS AMENDED"
(See following motions)
Resolution #C-582-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the foregoing resolution #C-581-09 be amended to delete paragraphs 2, 3 and
4 and replace with the following:
2. THAT staff be directed to provide a modified version of our previous Senior and
Physically Disabled Sidewalk Snow Clearing Service on the basis of the
following:
a) the property owner would register with the Municipality for the service;
and
b) there would be an annual administration fee to be pre-paid at the time of
registering for the service.
3. THAT 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 on the
bid results at the earliest possible date;
4. THAT the annual administration fee for the 2009/2010 Senior and Physically
Disabled Sidewalk Snow Clearing Service be $75 per registered property.
"CARRIED AS AMENDED"
(See following motion)
Council Meeting Minutes
- 26-
October 5, 2009
Resolution #C-583-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the foregoing resolution C-582-09 be amended to insert the word 'windrow'
after the word 'sidewalk' in Paragraphs 2, 3 and 4.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster ...;.
Councillor Hooper ...;
Councillor Novak ...;
Councillor Robinson ...;
Councillor Trim ...;
Councillor Woo ...;
Mayor Abernethy ...;
Resolution #C-582-09 was then put to a vote and "CARRIED AS AMENDED ON THE
FOLLOWING RECORDED VOTE":
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster ...;
Councillor Hooper ...;
Councillor Novak ...;
Councillor Robinson ...;
Councillor Trim ...;
Councillor Woo --:y
Mayor Abernethy ...;
The foregoing Resolution #C-581-09, as amended, was then put to a vote and
"CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE":
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster 7
Councillor Hooper ...;
Councillor Novak ...;
Councillor Robinson ...;
Councillor Trim 7
Councillor Woo ...;
Mayor Abernethy ...;
Council Meeting Minutes
- 27 -
October 5, 2009
Resolution #C-584-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT the presentations of Glenn Rainbird, O.C., Chair, Veridian Corporation and
Michael Angemeer, President and CEO, Veridian Corporation; Laurie Swami, Director,
Licensing & Environment Darlington New Nuclear Project, Ontario Power Generation;
and, Regina Elliott, Durham Region Health Department, be received with thanks.
BY-LAWS
"CARRIED"
Resolution #C-585-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2009-131 to 2009-142 inclusive;
2009-131
2009-132
2009-133
2009-134
2009-135
Being a By-law to approve and authorize the execution of a note
amending agreement made as of the 31 st day of October, 2009 in
respect of second amended and restated promissory notes dated
October 1,2006 issued by Veridian Corporation and Veridian
Connections Inc. in favour of The Corporation of the Town of
Ajax, The Corporation of the City of Belleville, The Corporation of
the Municipality of Clarington and The Corporation of the City of
Pickering, and to approve the issue of third amended and restated
promissory notes dated as of the 31 st day of October, 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 (Barr's Development Ltd.)
Being a By-law to declare the lands more particularly described
as portions of Lots 57, 58, 59, 60, 61,62,63,64,65,66,67,85,
86 and 118 and Blocks 190, 191, and 192 on Draft Plan
18T-95028 as set out on Schedules 1, 2 and 3 to be surplus
Being a By-law to authorize the Sale and Transfer to 708545
Ontario Limited (Geranium Corporation) the adjacent property
owner of portions of Lots 57, 58, 59, 60, 61, 62, 63, 64, 65, 66,
67,85,86 and 118 and Blocks 190, 191,and 192 on Draft Plan
18T-95028 as set out on Schedules 1, 2 and 3
Being a By-law to establish, layout and dedicate certain lands as
public highways in the Municipality of Clarington
Council Meeting Minutes
2009-136
2009-137
2009-138
2009-139
2009-140
2009-141
2009-142
- 28-
October 5,2009
Being a By-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
Being a By-law to establish certain lands as public highway,
assume them for public use and name them
Being a by-law to amend By-law 2007-038 to appoint Members to
the Samuel Wilmot Nature Area (Pat Mulcahy)
Being a by-law to appoint Members to the Clarington Living Green
Community Advisory Committee (Cathrine McKeever)
Being a By-law to ,authorize a contract between the Corporation of
the Municipality of Clarington and Coco Paving Inc., Oshawa,
Ontario to enter into agreement for Concession Roads 7 & 8
Rehabilitation
Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Ambler & Co. Ltd., Mississauga,
Ontario to enter into agreement for Solina Road Drainage
Improvements
Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Coco Paving Inc., Oshawa,
Ontario to enter into agreement for Concession Road 6
Rehabilitation; and
THAT the said by-laws be now read a first, second and third time and finally approved.
NOTICE OF MOTION
"CARRIED"
Councillor Foster and Councillor Robinson gave notice that they will be introducing the
following motion at the next Council meeting:
"WHEREAS the Municipal Elections Act, 1996, requires all candidates to file with the
Clerk a financial statement, and auditor's reports as the case may be, reflecting the
candidate's election campaign finances;
WHEREAS the Act provides for penalties, including forfeiture of office, in the case of a
candidate defaulting on the prescribed filing requirements;
WHEREAS the Act provides that any eligible elector may apply for a compliance audit
of a candidate's election campaign finances where he/she believes on reasonable
grounds that a candidate has contravened a provision of the Act;
Council Meeting Minutes
- 29-
October 5, 2009
WHEREAS it is the duty of the Council to consider the application for a compliance
audit which places the Council in a most challenging position when required to sit in
judgment of whether to conduct a compliance audit on those against whom they
contested the election or with they now sit as fellow council members; and
WHEREAS the AMCTO Municipal Election Project Team was apprised of numerous
issues arising around the Compliance Audit provisions of the Act during the 2003 and
2006 Municipal Elections throughout the province, and concluded the following
recommendation to the Minister of Municipal Affairs and Housing:
"That section 81 'compliance audits' be reviewed in its entirety and consideration be
given to appointing an independent third party to conduct audits."
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington endorse
the recommendation of the AMCTO Municipal Project Team pertaining to "compliance
audits"; and
THAT a copy of this resolution be forwarded to the Minister of Municipal Affairs and
Housing, the Association of Municipalities of Ontario, John O'Toole, MPP, Durham
and all municipalities within Ontario seeking their support."
OTHER INFORMATION
Resolution #C-586-09
Moved by Councillor Robinson, seconded by Councillor Woo
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 a personal
matter about an identifiable individual including a municipal or local board.
"CARRIED"
The meeting resumed in open session at 10:19 p.m.
The Mayor advised that one item was discussed in "closed" session in accordance
with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.
Resolution #C-587 -09
Moved by Councillor Novak, seconded by Councillor Woo
THAT Staff Report #3 - Verbal Report of the Chief Administrative Officer
regarding a Personnel Matter be received for information.
"CARRIED"
Council Meeting Minutes
- 30-
October 5, 2009
CONFIRMING BY-LAW
Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from
voting on the Confirming By-law.
Deputy Mayor Trim chaired the remainder of the meeting.
Resolution #C-588-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-143, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 5th day of October, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-589-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 10:21 p.m.
"CARRIED"
MAYOR
MUNICIPAL CLERK
DRAFT LIST OF DELEGATIONS
October 26, 2009
a) Jon Gale - Paving of Bowmanville Tennis Courts (Correspondence
Item D - 1)
b) Cathy Abraham - Report CLD-022-09 - Proposed Election Sign
By-law (Unfinished Business #2)
c) Dale Stewart - Petitions Regarding Green Road Extension North and
Intersections of Aspen Springs Drive West and West Side Drive and
Abernethy Crescent and West Side Drive (Correspondence
Item D - 7)
SUMMARY OF CORRESPONDENCE
October 26, 2009
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Central Lake Ontario Conservation Authority dated
September 15, 2009. (Copy attached)
I - 2 Minutes of the Durham Nuclear Health Committee dated
September 18, 2009. (Copy attached)
I - 3 Durham Regional Police Service forwarding their 2008 Annual
Report.
1-4 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on September 23, 2009, Regional Council adopted the following
resolution pertaining to Climate Change Science, Greenhouse Gas
Emissions Reduction Targets, and strategies to meet those Targets:
"a) THAT Council endorse the comments and recommendations
outlined in Joint Report #2009-J-37, which summarizes current
climate change science, greenhouse gas emissions reductions
targets, and cap-and-trade and revenue neutral carbon tax
programs as strategies to meet those targets; and
b ) THAT a copy of Joint Report #2009-J-37 be forwarded to the
Prime Minister of Canada; the Premier of Ontario; the Ministers
of Environment Canada, Natural Resources Canada, the Ontario
Ministries of the Environment, Energy and Infrastructure,
Economic Development, Natural Resources, and Municipal
Affairs and Housing; Leaders of the Opposition Parties and their
Environmental Critics; AMO; FCM; Durham Region MPs and
MPPs; and Durham area municipalities."
1-5 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on September 23,2009, Regional Council adopted the following
resolution pertaining to Regional Municipality of Peel Resolution:
"a) THAT the following resolution of the Municipality of Peel dated
June 4, 2009, with respect to the funding gap in health and social
services in the Greater Toronto Area/905, be endorsed:
'WHEREAS, Ontarians believe in the principle of fairness,
that fairness defines who we are and how we live;
Summary of Correspondence
- 2 -
October 26, 2009
AND WHEREAS, the high growth communities in Ontario
grow at more than twice the rate of the provincial population
growth rate and are aging at twice the population rate;
AND WHEREAS, population growth in these regions will
further intensify due to Ontario's 25-year growth plan, Places
to Grow;
AND WHEREAS, as of 2008/09 Ontarian's residing in the
Local Health Integration Networks (LHINs) within high growth
communities are receiving $255 less per resident in
provincial funding for local hospital services compared to
residents in other LHINs in Ontario, which translates into a
$1.4 billion annual operating funding gap for local hospital
services - and these provincial funding gaps are worsening
each year;
AND WHEREAS, residents of the Region of Peel as part of
the Mississauga-Halton LHIN and Central West LHIN are
receiving $272 less per resident in provincial funding for local
hospital services compared to the average Ontarian, which
translates into a $272 million annual operating funding gap
for local hospital services;
AND WHEREAS, Ontarians living in high growth
communities of the GTA/905 are receiving $193 less per
resident for provincially funded local social services when
compared to the average Ontarian, which translates into a
$641.9 million annual operating funding gap for local
provincially funded social services - and these provincial
funding inequities also worsening each year;
'AND WHEREAS, the Government of Ontario has
acknowledged the growing funding gaps for hospital services
in high growth communities by committing during the 2007
provincial election to provide $100 million in additional
annual operating funding to high growth hospitals;
AND WHEREAS, the provision of $30 million in hospital
growth funding for 2008/09 still means that the provincial
funding gap for hospital care continues to widen in high
growth communities;
Summary of Correspondence
- 3 -
October 26, 2009
AND WHEREAS, the Government of Ontario has announced
that it is developing and will implement a new Health Based
Allocation Model (HBAM) to allocate new health care
resources to Local Health Integration Networks based on
patient care needs and to address health care funding
inequities in Ontario;
AND WHEREAS, the Government of Ontario has
successfully secured from the federal government greater
fairness for Ontario resulting in additional funding for Ontario
through the Canada Health Transfer;
THEREFORE BE IT RESOLVED, that in order to improve
timely and local access to health and social services in the
Region of Peel and across high growth communities in
Ontario, the Council of the Region of Peel asks the
Government to:
1. Speed up implementation of the $1 OOm hospital growth
funding commitment ensuring the growth funding is
targeted to high growth hospitals and provide growth
funding for social services;
2. Quickly implement 'Health Based Allocation Model'
(HBAM) i.e., population-needs-based funding for
provincial hospital and health care services and
develop a population-needs-based funding formula for
social services; and,
3. Develop a health and social services growth plan for
Ontario high growth communities to complement
Places to Grow.
AND FURTHER, that a copy of this resolution be forwarded
to the Premier of Ontario, the Minister of Health and Long-
Term Care, the Minister of Finance, and Peel-area MPPs,
High Growth Communities Mayors and Chairs, and the
Mississauga-Halton LHIN and Central West LHIN.'; and
Summary of Correspondence
- 4 -
October 26, 2009
b) THAT the Premier of Ontario, Ministers of Children and Youth
Services, Community and Social Services, Finance, Health and
Long-Term Care, Health Promotion, Municipal Affairs and
Housing, Durham's MPPs and municipalities, Central East LHIN,
Chief Medical Officer of Health, alPHa, the Regional
Municipalities of Halton, Peel and York, the County of Simcoe
and the City of Weiland be so advised."
1-6 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on September 23,2009, Regional Council adopted the following
resolution pertaining to Accessibility Advisory Committee
Recommendations regarding the Highway 407 East Completion Draft
Environmental Assessment Report; and the Notice of Study
Commencement and Notice of Public Information Centre for the
Preliminary Design and Environmenta.1 Assessment Study for the
Widening of Highway 401 from Salem Road to Brock Street in the
Towns of Ajax and Whitby:
"THAT the Accessibility Advisory Committee forward a letter to the
Minister of Transportation with respect to the Preliminary Design and
Class Environmental Assessment Study for the widening of
Highway 401 from Salem Road to Brock Street in the Towns of Ajax
and Whitby requesting that the design and construction of the Henry
Street, Lake Ridge Road and Brock Street replacement bridges
include adequate provision to accommodate persons with disabilities
to ensure their safety when crossing these bridges;
AND FURTHER THAT in order to assist persons with physical
disabilities the Ministry of Transportation be urged to work closely with
the Region to ensure that the design for the sidewalks on the bridges
meet the proposed standard within the Accessibility for Ontarians with
Disabilities Act (AODA) legislation being a minimum width of 1.8
meters;
AND FURTHER THAT a copy of this resolution be forwarded to the
area municipalities."
1-7 J. W. Tiernay, Executive Director, Ontario Good Roads Association,
(OGRA) forwarding a Nomination/Consent form for the 2010-2011
OGRA Board of Directors for any OGRA municipal member interested
in being considered as a candidate for a position on the Board of
Directors. The Nomination/Consent form along with a resume is to be
submitted no later than October 30, 2009 for consideration by the
Nominating Committee in November.
Summary of Correspondence
- 5 -
October 26, 2009
1-8 Association of Municipalities of Ontario (AMO) Alert dated October 6,
2009, advising that applications are being accepted under the
Southern Ontario Development Program (SODP), a program
established to promote economic development, economic
diversification, job creation and sustainable communities in Southern
Ontario; that municipalities and non-profit organizations are among
the eligible applicants for the Program; that favour will be given to
projects that can be started quickly and completed by March 31,
2010, and that priority will be given to organizations or enterprises
located in communities with populations of 500,000 or less or to those
communities whose economies are less diversified and/or are reliant
on a limited number of employers; and, that the application deadline
is December 1, 2009.
I - 9 Josh Terry, Special Assistant to the Honourable Bev Oda, P.C., M.P.,
forwarding background information on Canada's Economic Action
Plan, including the Harper Government's commitment to providing
short-term stimulus to communities hard hit by the recession while
delivering long-term funding designed to promote economic growth,
job creation and innovation; advising of the launch of the Federal
Economic Development Agency for Southern Ontario (FedDev
Ontario) an Agency charged with delivering federal economic
development programs tailored to the specific priorities of workers,
businesses and communities in Southern Ontario; and, advising that
applications are now being accepted under the Southern Ontario
Development Program (SODP) for projects that will stimulate local
economies and enhance the growth and competitiveness of Southern
Ontario businesses and communities.
I - 10 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC), advising the Divisional Court has released its
decision regarding the appeal of MPAC and the City of Toronto to the
Assessment Review Board's (ARB) decision related to the Toronto
Bank Towers, confirming the approach that MPAC has used in
valuing commercial property across Ontario; indicating the
Assessment Review Board's interpretation of the Assessment Act
would significantly under-value properties, would not result in a fair
distribution of the property tax burden and does not comply with long-
standing common law and ordering the matter to be returned to a
differently constituted panel of the ARB and to give direction on the
application of the decision; advising that representatives for property
owners have filed a motion requesting 'leave to appeal' to the Court of
Appeal for Ontario and that a timeline as to when the Court of Appeal
will hear the leave application is not known; and, advising background
information about the decision has been posted to MPAC's website.
Summary of Correspondence
- 6 -
October 26, 2009
1-11 Jaclyn Harper, RN, BScN, Public Health Nurse, Region of Durham,
thanking Council for their continued support of the annual "Stop the
Madness" campaign, a multifaceted campaign to increase awareness
regarding the dangers of aggressive driving; advising the Durham
Region Health Department is offering free resources to community
agencies to help reduce aggressive driving and promote courteous
and safe driving practices; and, enclosing a "Stop the Madness"
poster, bookmarks and pamphlets for display.
I - 12 Josh Terry, Special Assistant to the Honourable Bev Oda, P.C., M.P.,
forwarding information on a new component of the Building
Communities Through Arts and Heritage (BCAH) program offered
through the Department of Canadian Heritage; advising the Legacy
Fund, the new initiative will make $4.6 million funding available
through three components - Local Festivals, Community
Anniversaries and Legacy Fund; and, advising the deadlines for
applications to Component 1 - Local Festivals are September 30 and
April 30 and that further information is available at
www.canadianheritage.gc.ca/communities .
I - 13 The Honourable Dalton McGuinty, Premier of Ontario, thanking Mayor
Abernethy for forwarding comments regarding planned renovations to
the Lakeridge Health Bowmanville Hospital; advising that the
Government will continue its work to improve the quality and
sustainablility of health care for Ontarians; and, indicating that he has
forwarded a copy of the correspondence to the Honourable David
Caplan, Minister of Health and Long-Term Care for direct response to
the municipality.
1-14 Suzanne Tigwell, Executive Director, Resources for Exceptional
Children and Youth - Durham Region, an Agency supporting children
and youth with special needs, forwarding a copy of their 2008-2009
Annual Report highlighting accomplishments of the past year,
expressing appreciation to community partners who work with the
Agency on behalf of the families that they serve; and, advising they
look forward to the future as they continue to deliver responsive
services to families in Durham Region.
Summary of Correspondence
- 7 -
October 26, 2009
I - 15 Laurie Swami, Director, Licensing and Environment, Darlington New
Nuclear Project, Ontario Power Generation (OPG), providing an
update on the OPG New Nuclear at Darlington, advising OPG has
submitted the Environmental Impact Statement (EIS) and updated
application for a License to Prepare Site to the Canadian Nuclear
Safety Commission and has initiated other federal approvals; advising
that no significant adverse effects on the health and safety of workers,
the public or natural environment are anticipated; that the submission
will be provided to a federally appointed Joint Review Panel to review
and to make a determination as to whether or not there is sufficient
information to proceed to a hearing; and, advising OPG will continue
to update Council during the review process.
1-16 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on September 23,2009, Regional Council adopted the following
resolution pertaining to Discussion Paper on Requirements for the
Content and Preparation of Source Protection Plans:
"a) THAT Joint Report #2009-J-27 be endorsed and submitted to
Ministry of the Environment as Durham Region's response to
EBR Posting 010-6726; and
b ) THAT a copy of Joint Report #2009-J-27 be forwarded to the
Minister of Municipal Affairs and Housing, the Association of
Municipalities of Ontario, and Durham Region area
municipalities and conservation authorities for their information."
I - 17 Linda Laliberte, CGA, CAO/Secretary-Treasurer, Ganaraska Region
Conservation Authority, forwarding a copy of the Authority's 2010
preliminary budget for review; indicating the proposed 2010 general
levy for Clarington is $349,489.87; highlighting proposed capital
projects for 2010; and, advising that the Municipality's comments
must be received prior to the Full Authority's meeting scheduled for
December 10, 2009, as the decision is binding once the vote is taken
and the levy is approved.
I - 18 Lynn Philip Hodgson, Historian and Co-Author, Camp 30 - Word of
Honour, advising he has read Report PSD-099-09 - Former Boys
Training School And Prisoner Of War Camp, 2020 Lambs Road,
Bowmanville and supports the report; acknowledging the co-operation
of Mr. Whalen of the Kaitlin Group in keeping him informed of the
proceedings; and, advising that he may be contacted now or in the
future if there is anything he can assist with.
Summary of Correspondence
- 8 -
October 26, 2009
I - 19 Mary Tillcock, Organizer, Clarington Terry Fox Run, advising of the
success 'of the Annual Terry Fox Run, indicating that results for
Clarington indicate that the 29th Anniversary of Terry's Marathon of
Hope has raised over $55,000 for cancer research through the efforts
of over 900 participants; and, thanking Mayor Abernethy and
Members of Council and staff for support given to Run Day and
throughout the planning stages of the Run.
CORRESPONDENCE FOR DIRECTION
D - 1 Correspondence has been received from the following individuals
advising the Bowmanville Tennis Club is part of Bowmanville's
historic core providing a first class outdoor sport facility maintained at
no cost to the municipality; advising that the public tennis courts have
deteriorated due to misuse and are no longer usable; expressing
concern with the potential loss of the Bowmanville Tennis Courts and
the expansion of parking into the local community park as a solution
to the parking problems experienced by the Older Adult Association;
suggesting the Older Adult Association consider satellite locations to
expand their programming; and, urging Council to recognize the
club's historic and community value and to find another solution to the
parking problem.
a) Caroline Charman
b) Jon Gale
(Motion to refer correspondence to the
Director of Engineering Services)
D - 2 Gerry Mahoney, South East Clarington Ratepayers' Association,
advising of the unsatisfactory experiences of three of the
Association's members related to the Property Valuation Program,
Port Granby Project, as they proceed with the process of selling their
homes; and, forwarding a proposal in which the Municipality would
contract a consultant on an 'as needed basis' to act as a guide to
assist the vendor and their realtor in dealing with the Federal Agency
to ensure fairness, ease and transparency.
(Motion to refer correspondence to the
Director of Planning Services)
Summary of Correspondence
- 9 -
October 26,2009
D - 3 Sharon Eccles requesting the opportunity to remain summer residents
of the West Beach until such time as the Municipality commences
park development, and if realistic, to remain a part of the park
thereafter. She feels the cottagers' presence at the beach would
assist with security, financial contribution and support of local
retailers. Ms Eccles also requests to be notified of when the cottage
to the north of hers will be removed in order to avoid damage to her
shed which is adjacent to the building.
(Motion to refer correspondence to the
Director of Planning Services)
D - 4 Suzanne and Brian Way expressing concern with excess water
flowing onto their property from the uncapped artesian well drilled on
the property across the street, indicating that they have been dealing
with Councillor Robinson and municipal staff in an attempt to provide
a resolve to the situation which has been unsuccessful; and,
suggesting that a Professional Engineer be consulted to review the
problem and that infrastructure be put in place to address the
situation.
(Motion to refer correspondence to the
Director of Engineering Services)
D - 5 Terry Downey, Executive Vice-President, Ontario Federation of
Labour, requesting November 6,2009, be proclaimed as "Community
Social Services Workers Appreciation Day" to recognize community
social service workers in Clarington.
(Motion to Proclaim)
D - 6 Joyce Jones, Bowmanville Toastmasters Club 3541, Toastmasters
International, advising that the Bowmanville Toastmasters Club is
celebrating the 22nd Anniversary of receiving their club charter on
November 7,2009, and requesting the week of November 8 to 14,
2009, to be proclaimed as "Bowmanville Toastmasters Week", in
recognition of the achievements of the Bowmanville Toastmasters
Members and Club.
(Motion to Proclaim)
Summary of Correspondence
- 10 -
October 26, 2009
D - 7 Dale A. Stewart, submitting a petition on behalf of the residents of
Aspen Springs requesting that the Green Road Extension north
towards Highway #2 under the CP Rail Bridge be made a pedestrian
and bicycle friendly passage, closed to vehicular traffic, with
appropriate lighting to address concerns that the school yard at Holy
Family Elementary School will experience increasing amounts of
carbon monoxide emissions, traffic congestion and noise pollution
and new businesses will create a constant traffic flow between
Baseline Road and Highway #2; and, submitting a petition on behalf
of the residents of Aspen Springs that the intersection of Aspen
Springs Drive and West Side Drive be made a 3-way stop and that
the joining of Abernethy Crescent and West Side Drive be made a 4-
way stop to allow for safer passage for elementary school students,
children and caregivers of various day care centres, seniors and
buses.
(Motion to refer correspondence to
the Director of Engineering Services)
D - 8 Brent Van Luven, President, Bowmanville and District Navy League,
requesting permission for Cadet tagging on April 23, 24, 25 and 26
and September 23, 24, 25 and 26, 2010; to provide an opportunity to
exhibit the Cadets to the community and to raise the necessary funds
for the Sea Cadet Program.
(Motion to approve Sea Cadet
Tagging on April 23, 24, 25 and 26
and September 23, 24, 25 and 26,
2010)
D - 9 Lisa Janveaux, Community Advantage Rehabilitation Inc., writing
together with her client Colleen Hynes to formally request approval of
Ms. Hynes' appeal for a "Deaf Child" sign to be posted on Prout Drive
in Bowmanville. The correspondence indicates that Ms. Hynes' child
is profoundly deaf, faces other challenges and has no understanding
of safety risks and has on occasion run out in front of cars, and both
she and Ms. Janveaux are extremely concerned for his safety as
there are over 60 homes on the street and there are some drivers
who travel very quickly on the street.
(Motion to refer correspondence to
the Accessibility Advisory
Committee)
Summary of Correspondence
- 11 -
October 26, 2009
D - 10 Patrick Brown, Administrator, Strathaven Lifecare Long Term Care
and Retirement Home, requesting an amendment to By-law 91-58 to
permit parking on the east side of Galbraith Court during peak visiting
hours from 8:00 a.m. to 5:00 p.m. with no parking being permitted on
the west side of the Court in order to address the shortage of parking
available for the many families, friends and volunteers who visit
residents of the facility; indicating that they have investigated
alternative parking arrangements to address the issue on their end
but no suitable options are available; and advising that the change
would address safety concerns for both visitors and residents of
Galbraith Court.
D - 11
D - 12
(Motion to refer correspondence to
the Director of Engineering Services)
Marc Chalifoux, Executive Vice-President, Historica-Dominion
Institute, forwarding a copy of the Veteran Appreciation Days
Planning Guide and Toolkit, encouraging small to mid-sized
communities to plan their own Veteran Appreciation Day, in
recognition of the contribution Veterans make in their communities
outside the traditional Remembrance Day period; and, suggesting
that the community plan a special event and proclaim the date as
"Veteran Appreciation Day".
(Motion for Direction)
Mayor Cam Jackson, City of Burlington, advising Council that on
August 18, 2009, the following resolution pertaining to Community
Schools Alliance: Resolution Regarding the Accommodation Review
Committee process to implement "Smart Moratorium" was approved
by members of the Association of Municipalities of Ontario (AMO) and
presented to Education Minister Kathleen Wynne:
'WHEREAS communities across Ontario are concerned with the
Accommodation Review Committee process and the impact this
flawed process has on the socio-economic fabric of our municipalities;
AND WHEREAS many schools are the hubs of their communities, a
better accommodation review system is needed to add ress the
educational facility needs of our residents;
AND WHEREAS a system to address the educational facility needs in
Ontario must ensure that school boards and municipal councils
partner on decisions regarding education infrastructure;
AND WHEREAS greater accountability for school board decisions is
needed;
Summary of Correspondence
- 12 -
October 26, 2009
AND WHEREAS a thorough review of the governance model for
school accommodation decisions must include an opportunity to
appeal these decisions;
AND WHEREAS the accommodation review process should respect
and value the input of students, parents, the community and
municipality;
THEREFORE BE IT RESOLVED that the Province of Ontario be
petitioned to implement a 'smart moratorium' on disputed school
closings to provide the opportunity for the Ministry of Education,
school boards and municipalities to work together to develop policies
addressing such issues as planning for declining enrolments, a
mutually agreed upon Accommodation Review Committee process, a
review of funding to rural and small community schools, and
transparency and accountability between municipalities and school
boards.
All of which is respectfully submitted and it is recommended:
THAT the Council of the Corporation of the City of Burlington endorse
this resolution presented in the Mayor's Memo on behalf of
Community Schools Alliance to Community and Corporate Services
Committee on September 1, 2009 and further:
THAT should this resolution be approved by Council, that the
resolution be circulated to the Premier of Ontario, the Ontario Minister
of Education, Burlington MPP's, GTA Mayors, the Chair and Members
of the Halton District School Board and the Halton Catholic District
School Board and to the Chair and Board of Directors of the
Association of Municipalities of Ontario and the Community Schools
Alliance."
(Motion for Direction)
, .., nO, .'"r'.~" - -If
CENTRAL LAKE ONTARIO CONSERVATIOO\A..Ut110RrW39:;32
M I NUT E S N O. 7
AUTHORITY MEETING
Tuesdav. September 15. 2009 - 5:00 P.M.
MEETING LOCATION: 100 WHITING AVENUE, OSHAWA
AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDROOM
I - 1
Present:
G. Emm, Chair
R. Johnson, Vice Chair
S. Crawford
A. Cullen
1. Drumm
R. Hooper
D. Mitchell
1. Neal
M. Novak
M. Pearce
P. Perkins
1.R. Powell, Chief Administrative Officer
T. Aikins, Planner
H. Brooks, Director, Watershed Planning & Natural Heritage
G. Geissberger, Marketing & Communications Coordinator
R. Hersey, Director, Development Review & Regulation
M. Hrynyk, General Superintendent
P. Lowe, Director, Watershed Stewardship &Community Outreach
P. Sisson, Director, Engineering & Field Operations
M. Stauffer, Administrative Assistant/Recording Secretary
Absent:
A. Foster
J. Gray
B. Nicholson
D. White, Director, Corporate Services
G. SooChan, Director, Groundwater
."
G. Emm called the meeting to order at 5:00 p.m.
DISTR~TION
REVIEWED BY ,
DECLARATIONS of interest by members on any matter herein contained - NONE
ADOPTION OF MINUTES
ORIGINAL TO:
lJ COUNCIL ~NCIL lJ FILE
DIRECTION INFORMATION
COpy TO:
lJ MAYOR lJ MEMBERS lJ CAO
a OF COUNCIL
lJ COMMUNITY lJ CORPORATE
SERVICES SERVICES
lJ ENGINEERING lJ MUNICIPAL
SERVICES CLERK'S
Correspondence item #LLNA28C36, Ministry of Natural Resources/D fth~~~~~el(fM~lfdlPJld i's ~~tSJ!8~
Re: Letter of appreciation re Greenlands Challenge funding grant awa ed to CLOCA .
lJ OTHER '
Correspondence from WindReach FannlKatie Sanders & Stephanie Be UtwlltWIlMmihedule 1-))
Re: Letter of thanks/appreciation for CLOCA's contribution to 3rd .
Moved by R. Hooper
Seconded by P. Perkins
THA T the Authority minutes of June 23, 2009 be adopted as circula
CARRIED
lJ EMERGENCY
SERVICES
lJ OPERATIONS
Res. #78
CORRESPONDENCE
(1)
3-1)
(2)
cont'd.. ...2
AUTHORITY MINUTES MEETING NO.7 - SEPTEMBER 15, 2009 - PAGE 2
(3)
Correspondence from CLOCA to Municipality ofClarington/Tom Vendrasco (attached as Schedule 3-3 & 3-4)
Re: Giant Hogweed at 1588 Bloor Street, Courtice, ON
(4)
Correspondence item #NSPG I C44 Ministry of the Environment/John Gerretsen (attached as Schedule 3-5 & 3-6)
Re: Minister's decision letter on the Terms of Reference document for the CLOSPA
(5)
Article from newsdurhamregion.com (attached as Schedule 3-7 to 3-8)
Re: Oshawa Neighbours Condemn 'Goldfish Genocide' at Local Pond
Res. #79
Moved by P. Perkins
Seconded by A. Cullen
THA T the above correspondence items be received for information.
CARRIED
DIRECTOR, DEVELOPMENT REVIEW AND REGULATION
(1)
Staff Report #4827-09 (attached as Schedule 4-1 to 4-8)
Applications forDevelopment, Interference with Wetlands and
Alteration to Shorelines and Watercourses - June, July, August, 2009
J. Neal inquired about Permit #S09-096-G, with regard to pre-development conditions and fill materials. R. Hersey noted that all fill
material used was tested by consultants and met Ministry of the Environment requirements. Discussion ensued.
R. Hooper and M. Novak inquired about Permit #C09-111-G. R. Hersey noted that the permit was issued and all permit conditions
have been met. R. Powell informed the applicant to submit any further concerns in writing and request to appear as a delegation at
CLOCA's Board of Directors' meeting in November 2009.
Res. #80
Moved by J. Neal
Seconded by A. Cullen
THA T the attached applications be approved and the respective permits be issued.
CARRIED
(2)
Staff Report #4823-09 (attached as Schedule 4-9 to 4-13 - report previously circulated to Members and Staff)
Chalk Lake Capacity Study
G. Emm thanked staff for the excellent report. M. Pearce and P. Perkins asked who would be responsible for the homeowner's
information package to advise property owners of practices they should follow to lessen their potential phosphorus loading into the
environment? P. Lowe advised that CLOCA has upcoming information workshops and would extend invitations to residents of Chalk
Lake. Disfussw.n.eiiiif~:'.'.:::;u::..':.~ --.~
i ~~._, '~Jf., i...J' ~- to,Oj,. \ t l ;
\! ..
Res. #81 f.. Moved by M. Pearce
~ "'''.''-Sec-otlded by P. Perkins
, THAT Staff Report #4823~f)9 be received and that the Authority endorse the Chalk Lake Capacity Study and its
f recommendations;
THA T the Authority support and maintain a continued seasonal monitoring programme as part of the Lake
Partner Programme, to be reviewed concu"ently with the 5-year review of the Lynde Creek Watershed Plan;
THAT the Lynde Crtfek Wqtershed Plan have regard to the Chalk Lake Capacity Study and incorporate
recommendationsfrom the. Study as appropriate to the Watershed Plan; and,
THA T this report and a copy (CDID VD) of the Chalk Lake Capacity Study be provided to the Townships of
Scugog and Uxbridge, The Regional Municipality of Durham, the Ministry of Environment Lake Partner
Programme, and those 8 pprtiesfrom the project start-up Open House requestingfurther information and
notification of results. . I
CARRIED ;
i
l
\.
,
,
, ,
.. I
j
,
cont'd.. ...3
L:::
. i
AUTHORITY MINUTES MEETING NO.7 - SEPTEMBER 15, 2009 - PAGE 3
(3)
Res. #82
(4)
Res. #83
(5)
Res. #84
Staff Report #4830-09 (attached as Schedule 4-14 to 4-17)
Application for Development, Interference with Wetlands & Alterations to Shorelines and Watercourses
Applicant: Mrs. G. Saunders
Location of Site: 165 Laurel Court, Oshawa
Watercourse: HamlOny Creek
Moved by M. Novak
Seconded by A. Cullen
THA T the application be APPRO VEn for the following reasons:
(1) The proposed works will not adversely affect flooding or flow, nor negatively affect the floodplain and is to
replace an existing deck.
CARRIED
Staff Report #4831 (attached as Schedule 4-18 to 4-21)
Application for Development, Interference with Wetlands & Alterations to Shorelines and Watercourses
Applicant: Gilbert Ostroski
Location of Site: 3494 Simcoe Street North, Oshawa
Watercourse: Oshawa Creek
Moved by P. Perkins
Seconded by S. Crawford
THA T the application be APPRO VEn for the following reasons:
1) The proposed works will not adversely affect flooding or flow, nor negatively affect the floodplain.
2) The proposed banks of the pond will be at existing grade and all fill from the pond will be removed from the
floodplain.
CARRIED
Staff Report #4833-09 (attached as Schedule H-3 to H-6)
Application for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses
Applicant (Owner): D.G. Biddle And Associates On Behalf Of Mr. Paul Kim
Application(S): Application For Development - Proposed Cut And Fill
Location Of Site: 1569 Simcoe Street North, Oshawa
Part of Lot 10 & 11, Concession 4
Watercourse: Oshawa Creek
Moved by P. Perkins
Seconded by S. Crawford
1) THAT, StafJreport #4833-09 be approved;
2) THAT, the Authority "Approves in Principle" the submitted "cut and fill" proposal for 1569 Simcoe Street
North; and,
3) THAT, a permitfor the proposed works be issued, once Authority staff have received appropriate detailed site
grading, erosion and sediment control and development plans for the subject area.
CARRIED
(I)
DIRECTOR, WATERSHED STEWARDSHIP AND COMMUNITY OUTREACH
Res. #85
Staff Report #4825-09 (attached as Schedule 5-1 to 5-3)
Partnerships with Secondary Schools in Durham Region
Moved by P. Perkins
Seconded by R. Hooper
THA T Staff Report #4825-09 be received for information.
CARRIED
cont'd.....4
AUTHORITY MINUTES MEETING NO.7 - SEPTEMBER 15, 2009 - PAGE 4
(2)
Staff Report #4826-09 (attached as Schedule 5-4 to 5-6 - report previously circulated to Members & StafJ)
Central Lake Ontario Conservation, a Watershed Checkup Report
1. Neal inquired about non-agricultural source materials and Provincial Groundwater Monitoring Network (PGMN) wells. R. Powell
noted that PGMN wells are part of a province wide system and do not lend themselves to dealing with site specific situations unique to
a single area. For this report, only chlorides and nitrogen are portrayed to provide a comparison to other watershed health monitoring
efforts across the province. Discussion ensued. Staff to report back to Members on PGMN results at appropriate intervals.
M. Novak noted that the legends on the watershed maps were confusing. P. Perkins inquired if it would be beneficial to include
municipal boundaries on the mapping? P. Lowe indicated that these items would be revised in the fmalized document, prior to
distribution. M. Novak inquired about inconclusive data. Discussion ensued.
Res. #86
R. Johnson arrived at 5:35 p.m.
(3)
Res. #87
Moved by J. Neal
Seconded by S. Crawford
THA T Staff Report #4826-09 be reviewed, and Board members provide feedback to staff by September 29, 2009
at which time staff will finalize the document and prepare supporting web, printed and promotional pieces for
distribution.
CARRIED
Staff Report #4828-09 (attached as Schedule 5-7 to 5-10)
Education Update 2008-2009
Moved by A. Cullen
Seconded by R. Hooper
THA T Staff Report #4828-09 be received for information; and,
THAT Board members support the recommendations for enhancing our 2009/10 Environmental Education
Programs.
CARRIED
(1)
DIRECTOR, ENGINEERING AND FIELD OPERATIONS
Res. #88
(2)
Res. #89
Staff Report #4824-09 (attached as Schedule 6-1 & 6-2)
Infrastructure Stimulus Funding - Purple Woods Conservation Area Maple Syrup Festival Facility
Moved by 1. Neal
Seconded by R. Johnson
THA T Staff Report #4824-09 be received for information;
THAT the CLOCA Board of Directors endorses the Purple Woods Conservation Area Maple Syrup Festival
Facility project; and,
THA T staff be directed to submit an application for Infrastructure Stimulus Funding.
CARRIED
Staff Report #4829-09 (attached as Schedule 6-3 to 6-7)
Heber Down Conservation Area - Recreation Infrastructure Canada Trail Upgrades
Moved by 1. Drumm
Seconded by R. Hooper
THA T Staff Report #4829-09 be received for information.
CARRIED
cont' d.....5
AUTHORITY MINUTES MEETING NO.7 - SEPTEMBER 15, 2009 - PAGE 5
DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE &
DIRECTOR, DEVELOPMENT REVIEW & REGULATION
(1)
Staff Report #4832-09 (attached as Schedule H-l to H-2)
Bank Stabilization Works on Harmony Creek Branch 1; Permit #: 009-l04-GFHA; IMS: RPRG3296
R. Powell made a presentation to the Board. Discussion ensued.
Res. #90
Moved by P. Perkins
Seconded by M. Pearce
THA T Staff Report #4832-09 be received;
THA T CLOCA staff conduct a re-education program with member municipalities regarding municipal works
and the permitting process; and,
THA T CLOCA 's member municipalities ensure that their responsibilities with respect to fulfilling conditions of
Authority permits are satisfied.
CARRIED
ADJOURNMENT
Res. #91
Moved by R. Johnson
Seconded by J. Neal
THA T the meeting adjourn.
CARRIED
The meeting adjourned at 6:05 p.m.
'f
LOCATION
DATE
TIME
MEMBERS
PRESENTERS/
OBSERVERS
REGRETS
A,GE';~
c'~
ft l'090Cr08 F't1 3:32:50
DURHAM NUCLEAR HEALTH COMMITTEE (DNHC)
MINUTES OF MEETING
1- 2
McLean Community Centre
95 Magill Drive
Meeting Room 3
Town of Ajax, Ontario
OCT - 6
September 18, 2009
,
.....~-.:~.-ooiIi~~~<:tI;)iI:~~--..iI
1 :00 PM
Dr. Robert Kyle, Durham Region Health Department (DRHD) (Chair)
Ms. Mary-Anne Pietrusiak, DRHD
Dr. Dave Whillans, Ontario Power Generation (OPG)
Dr. Anthony Waker, University of Ontario Institute of Technology
Mr. Phil Dunn, Ontario Ministry of the Environment (MOE)
Ms. Norma Drummond, Public Member
Mr. Marc Landry, Public Member
Dr. Barry Neil, Public Member
Mr. Jansen Wu, Public Member
Mr. Hardev Bains, Public Member
Mr. Brian Devitt, DRHD, (Secretary)
Mr. Ivan Cuicuira, Durham Region Emergency Management Office
(presenter)
Ms. Rachel Lane, Canadian Nuclear Safety Commission (presenter)
Mr. Andj Dominski, MaE (Presenter)
Mr. Michael DeVillers, MOE (Presenter)
Ms. Sue Stickley, ABCL, Port Hope Area Initiatiy.tleresenla.___.
Ms. Judy Herod, ABCL, Port Hope Area Initiati~e 015,' Tni,~, nON
Mr. Don Terry, OPG (Presenter) ! ". " ' ,. I
. S . G (P) P,l' vi, NtLJ EY
Ms. LaUrIe warnI, OP resenter '
M D B OPG ORIGiNAL TO:
r. oug rown, ,./
.. '.J [',IINeIL ~COUNCIL Q FILE
Mr. NIck Mahahc, OPG I OlilLCliON INFORMATION
Ms. Lindsay Dafos, OPG I COpy TO:
Mr. Jacques Perreault, DRHD \ U MAYOR
Ms. Janice Szwarz, Municipality ofClarington
Ms. Anne-Marie Holt, Haliburton Kawartha Pin
Health Unit
Ms. Maria Veronica Sevilla, Representative fro
Q MEMBERS Q CAD
OF COUNCIL
Ri!:tWMLMsil:CLlRPORATE CJ EMERGENCY
~~" lTl~VICES SERVICES
Q [NGINEERING CJ MUNICIPAL CJ OPERATIONS
the~\t~n1Um~S
CJ PLANNING CJ SOLICITOR CJ TREASURY
SERVICES
Mr. Ken Shrives, Public Member
Mr. Alex Heydon, Public Member
Ms. Lorraine Weigel, Public Member
CJ OTHER
MUNICIPAL CLERK'S FILE A 0 \ DJ
Mr. Frank Bajurny, OPG
Mr. Ken Gorman, DRHD
..
. Robert Kyle opened the meeting and welcomed everyone.
1.0 Adoption of the DNHC Agenda
The Revised Agenda was adopted
2.0 Adoption of the DNHC Minutes of the June 19, 2009 meeting
The Minutes were adopted with editorial revisions to 4.3, 4.4 and 4.5 as provided to
Brian Devitt by Tho-Dien Le from OPG.
3.0 Correspondence
3.1 Robert Kyle's office received the minutes of the meetings ofthe Pickering Nuclear
Generating Station Community Advisory Council for May and June 2009.
3.2 Robert Kyle's office received the report from the C.D. Howe Institute concerning
Canada's Nuclear Crossroads dated June 2009.
3.3 Robert Kyle's office received the Staff Report of the Canadian Nuclear Safety
Commission (CNSC) concerning the 2008 Safety Assessment of Canadian Nuclear
Power Plants dated June 11, 2009.
3.4 Robert Kyle's office received the presentation notes of Kevin Scissons, Director of
the CNSC, concerning Canada's Nuclear Regulator dated June 15,2009.
3.5 Robert Kyle's office received the Performance Report from OPG concerning the
Darlington Vacuum Building Outage completed on May 25, 2009 and the report
was dated June 17,2009.
3.6 Robert Kyle's office received the report commissioned by the Government of
Saskatchewan concerning Exposure to Radiation and the Health Outcomes dated
June 23, 2009.
3.7 Robert Kyle's office received the news release from George Smitherman, Deputy
Premier and Minister of Energy and Infrastructure, announcing that Ontario has
suspended the nuclear procurement process for two nuclear .reactors planned for
Darlington Nuclear and the news release was dated June 29,2009.
3.8 Robert Kyle's. office received the Summary Report of the Nuclear Waste
Management Organization (NWMO) Dialogue with the DNHC held on May 28,
2009 and Summary Report was dated July 3, 2009.
2
3.9 Robert Kyle's office received the news release from the CNSC concerning the
Health of Nuclear Workers and People Living Near Nuclear Power Stations in
Canada dated July 3, 2009.
3.10 Robert Kyle's office received a letter from Laurie Swami, Director Licensing and
Environment for OPG, concerning the announcement from the Minister of Energy
and Infrastructure Ontario about the procurement process being suspended but that
OPG would be continuing with the federal approvals process for the new nuclear
reactors at the Darlington Nuclear site and the letter was dated July 13,2009.
3.11 Robert Kyle's office received the news release :from the CNSC concerning the
safety of the CANDU reactors dated July 17, 2009.
3.12 Robert Kyle's office received a news release from the Atomic Energy of Canada
Limited (AECL) concerning recent events at the Chalk Lake Laboratories dated
July 22,2009.
3.13 Robert Kyle's office received a news release from MDS Nordion concerning a
submission of interest to the Government of Canada about medical isotopes and
generator production at the.MAPLE Reactors dated July 30,2009.
3.14 Robert Kyle's office received a news release from AECL concerning the proposal
by MDS Nordion to use MAPLE Reactors for the short-term answer to the global
medical isotope shortage but it will take about 5-6 years to be operational dated
July 31, 2009.
3.15 Robert Kyle's office received the newsletter from the NWMO dated August 2009.
3.16 Robert Kyle's office received the protocol developed by AECL and CNSC for the
restart of the NRU Reactor at the AECL Chalk River Laboratories dated August
14,2009.
3.17 Robert Kyle's office received the written submission from the Municipality of
Clarington to the CNSC' Hearing on the Port Granby Screening Report dated
August 11,2009.
3.18 Robert Kyle's office received the CNSC Staff Report and Recommendations on
the Port Granby Screening Report dated August 2009.
3.19 Robert Kyle's office received the CNSC Record of Proceedings including the
Reasons for Decision on the Port Granby Screening Report dated August 17,2009.
3.20 Robert Kyle's office received a news release from the CNSC announcing its
favorable decision on the Port Granby Screening Report dated August 19, 2009.
3.21 Robert Kyle's office received a news release from Natural Resources Canada
concerning their announcement to clean-up the low-level radioactive waste in the
3
Municipality of Clarington with a long-term waste management facility in Port
Granby dated August 19,2009.
3.22 Robert Kyle's office received the Screening Report for the Port Granby Long-
Term Low-Level Radioactive Waste Management Project dated August 2009.
3.23 Robert Kyle's office received a news release from ABCL concerning the NRU
Reactor at Chalk River dated August 27,2009.
3.24 Robert Kyle's office received a news release from the CNSC concerning the
Nuclear Power Industry Safety Performance Reports and Report Cards dated
August 27,2009.
3.25 Robert Kyle's office received a news release from the CNSC concerning tritium
levels in drinking water of communities around nuclear facilities and they do not
pose a health threat dated August 27, 2009.
3.26 Robert Kyle's office received a news release from ABCL indicating the NRU
Reactor in Chalk River will return to service in the first quarter of 2010 dated
September 3,2009.
3.27 Robert Kyle's office received a news release from ABCL announcmg Senior
Management Appointments dated September 9, 2009.
3.28 Robert Kyle's office received a news release from the CNSC announcing it has
completed the Pre-Project Design Review of the ABCL Advanced CANDU
Reactor (ACR-l 000) and concluded there are no fundamental barriers to licensing
the ACR-IOOO in Canada dated September 10, 2009.
3.29 Robert Kyle's office received a news release from ABCL's President highlighting
the need for the nuclear energy industry to work together to deliver the promise of
the nuclear renaissance dated September 11,2009.
4.0 Nuclear Power / Environmental Issues
4.1 Report from the Ministry of the Environment on Environmental Compliance at
Pickering and Darlington Nuclear Power Facilities
Andj Dominski, Director, Sector Compliance Branch, and Michael DeVillers,
Provincial Officer of the Ministry of the Environment (MOE), provided a
presentation on the inspections to be conducted at Pickering and Darlington Nuclear
Generating Stations (NGSs). The highlights of Andj's and Michael's presentation
were:
. An overview of the MOE Sector Compliance Branch and its roles are:
o Province-wide coverage is provided
o Sector approach is used
o Inspections are planned
4
o MOE partners with industry groups to improve sector compliance
levels
o The Sector Compliance Branch pilots leading-edge practices and
technologies for the rest of the MOE
o Results of inspections are used to assess trends, gaps and issues in
order to support MOE decision making
o Rapid deployment of staff is used
o Support of District Offices ofMOE is used
o Risk-based strategy approach is used
· The provincial and federal jurisdictional roles over NGSs are:
o The federal government has jurisdiction over nuclear power facilities
o The CNSC maintains regulatory oversight in operating NGSs
o The provincial law of general application applies when it conflicts
with federal legislation and each situation must be examined to
determine if provincial law is applicable
· In 2007, the MOE conducted inspections of the Bruce Power NGS and the
OPG Western Waste Management Facility.
. The inspections of these facilities were conducted by a team of 6 MOE
officers over 2 weeks and numerous administrative issues were identified.
. Bruce Power and OPG complied with the Notice of Violation and Order
issued and both sites are in compliance with the MOE requirements.
. Similar inspections of Pickering and Darlington NGSs will be conducted by
the MOE Sector Compliance Branch before year end 2009.
Andj Dominski indicated the DNHC will be provided with an update on the MOE
inspections of Pickering and Darlington NGSs in the next few months.
For more information on the MOE Sector Compliance Branch contact Michael
De Villers at (416) 212-6689 or bye-mail atMichael.DeVillers@ontario.ca. The
overheads used in this presentation are attached as Appendix 1.
4.2 Progress Report on Nuclear Emergency Preparedness in Durham Region
Ivan Cuicuira, Director, Durham Emergency Management Office (DEMO),
provided a presentation on nuclear emergency preparedness in Durham Region.
The highlights ofIvan's presentation were:
. DEMO is responsible for the effective mitigation, preparedness, response
and recovery in case of an emergency in Durham Region.
. DEMO has 5 staff and they are on call 24 hours per day, 7 days per week, to
respond to an emergency.
. Nuclear emergency planning is a pert of the overall emergency preparedness
in Durham Region.
. DEMO's emergency management program includes developing plans,
training staff, conducting exercises and public education.
. The Provincial Nuclear Emergency Response Plan was approved by Cabinet
in February 2009.
5
. Draft Pickering and Darlington NGSs site specific emergency plans have
been issued and should be approved by year end.
. Some major changes to the new Provincial Nuclear Emergency Response
Plan are:
o The public alerting standard has been extended to 10 kilometre zones
from NGSs
o The evacuation strategy has been modified to speed up evacuation
o There will no longer be a Joint Information Centre
o Host municipalities will be selected for reception, care and shelter of
peopl~ evacuated
o Provincial powers have been increased to allow emergency orders
and directives to be issued
. The installation of a public alerting system, using strategically located sirens
within 3 kilometres of .Pickering and Darlington NGSs has been completed
and tested but additional sirens may be required in the City of Pickering.
. DEMO will conduct several training exercises in October and November
2009 to test plans for the Regional Operation Centre, Evacuation Centres, 8
Municipal Exercises, Siren Tests and the Autodialer System.
Ivan Cuicuira can be reached at (905) 668-4113 extension 6260 or bye-mail at
ivan.cuicuira@durham.ca for more information on emergency preparedness.
4.3 Progress Report on the New Nuclear at the Darlington EA Project
Laurie Swami, Director, Licensing and Environment for OPG, provided an update
of the New Nuclear at Darlington EA Project. The highlights of Laurie's
presentation were:
. In June 2006, OPG was directed by the Ontario Minister of Energy to begin
a federals approval process, including an EA, for the new nuclear units at an
existing NGS site
. In September 2006, OPG submitted an Application for Approval to Prepare
a Site for the Future Construction of a Nuclear Power Facility to the CNSC.
. In April 2007, OPG submitted a Project Description to the CNSC for the
Darlington site.
. On June 29, 2009, the Ontario Ministry of Energy and Infrastructure
announced that the Ontario Government suspended the "Request for
Proposal" process to procure two reactors for the Darlington Site due to
concern about pricing and the uncertainty around AECL's future.
. In July 2009, OPG indicated it will continue with the EA and licensing
activities to obtain federal approvals necessary for the site preparation at
Darlington.
. In September/October 2009, OPG will submit the Environmental Impact
Statement (EIS) to the CNSC that is approximately 1000 pages with 28
technical support documents of more than 9000 pages and approximately
4000 pages for the Licence to Prepare the Site (LTPS).
. The L TPS Application to the CNSC is:
o To demonstrate the site is appropriate for a NGS
6
o To define the site layout and activities to be undertaken
o To describe the management programs that will govern the activities
to be carried out
· The site preparation activities includes:
o Land clearing, excavation, and grading for the NGS
o Construction of environmental monitoring and mitigation systems
o Installation of fencing and access control infrastructure
o Establish site access control
· Over 50 different permits and approvals may be required over the course of
the project.
In conclusion, Laurie indicated that OPG is confident the results of this assessment
and taking into account the proposed design and mitigation measures, that the New
Nuclear at Darlington Project will not result in any significant adverse
environmental effects.
OPG recommends that the Joint Review Panel accept these conclusions as the basis
for recommending to the Minister of the Environment that the EIS be accepted as it
is within the Minister's authority under the Canadian Environmental Assessment
Act.
From a CNSC licensing perspective, the site is appropriate for a nuclear power
plant and CNSC requirements are satisfied.
Laurie Swami or her associates will provide regular updates to the DNHC on the
progress of the New Nuclear at Darlington Project. More information on the Project
is available at 1-866-487-6006 or the OPG web site www.opg.com/newbuild. The
overheads Laurie used are attached as Appendix 2.
4.4 Progress Report on the Port Granby EA Project
Sue Stickley, Member of the ABCL Port Hope Area Initiative Team (pHAI),
provided a presentation on the Port Granby Project. The highlights of Sue's
presentation were:
. Progress made on the Port GranbyProject's significant milestones are:
o In 2006, the Municipality of Clarington consented to the 16 volume
Environmental Assessment Study Report to the Responsible
Authorities (RA) by the PHAI
o In September 2008, the addendum to the EA was also submitted to
RAs by the PHAI
o In May 2009, the Draft Screening Report was released by the RAs for
public review and comment
o On June 17,2009, the comment period on the Draft Screening Report
closed
.0 On August 19, 2009, the Port Granby Screening Report was
approved and the decision on the EA was announced by the CNSC
and Natural Resources Canada
7
o In the Fall 2009, the Municipality of C1arington will review and
comment on the EA decision
. The Port Granby Screening Report highlights are:
o Conforms to the EA prediction of no significant adverse
environmental affect caused by conducting the Project
o Requires mitigation measures for the effects outlined in the EA Study
Report
o Follow-up actions on both socio-economic and natural environment
is required by the RAs
o RAs responded to 188 comments contained in 10 submissions
received
o Public complaints resolution process is required
. The public consultation process will continue and the next meeting is on
October 7,2009 at the Newtonville Town Hall at 7:00 p.m.
. In the Winter 2009, the CNSC is expected to announce the licensing decision
for the Port Granby Proj ect.
Sue Stickley can be reached at (866) 255-2755 or bye-mail at stick1evs@aecl.ca for
more information on the Port Granby Project.
5.0 Health Effects
5.1 Report from the CNSC concerning the SyntheSis Report: Understanding Health
Studies and Risk Assessments conducted in the Port Hope Community from 1950s
to the Present
Rachel Lane, Epidemiologist, Directorate of Environmental and Radiation
Protection and Assessment for the CNSC, provided a presentation on the Synthesis
Report. Its objective was to compile information based on several lines of evidence
to assess if any health effects are associated with past and present activities of the
radium and uranium refining and processing industries in Port Hope, Ontario. The
highlights of Rachel's presentation were:
. The background of significant issues resulting in the need for the report are:
o Radium and uranium processing facilities were first established in
Port Hope in 1932 and continue to operate today
o Early waste management practices resulted in contamination
throughout the community
o The potential health impacts from past and present uranium facilities
in Port Hope has been the subject of public concern
o An initial request was made by the CNSC Commission in November
2006 for CNSC staff to prepare a written summary of all health
studies that have taken place in Port Hope over the years.
o The CNSC made a commitment to the Mayor of Port Hope in 2007 to
present the findings of this comprehensive review in a public forum
in the Port Hope community.
. A weight of evidence approach was taken using four lines of evidence and the
lines of evidence are:
8
o The plausible health effects of exposure to low-level radioactive
waste and other contaminants within the town were determined,
based on international radiological and toxicological information, for
uranium to kidney disease, radon to lung cancer and radium to bone
cancer
o The CNSC reviewed over 30 environmental studies and analyzed and
measured the environmental concentrations of contaminants and
compared them with national and international benchmarks to assess
potential risk
o The CNSC reviewed 13 epidemiological studies that described the
health of residents and nuclear workers compared to that of the
general population and assessed the relationship. between radiation
exposures and health effects. Data from these studies spanned more
than 70 years were compared and found to be consistent with each
other.
o The study findings from Port Hope were compared with over 40
epidemiological studies of similar populations and exposures
conducted in other countries. The study findings for Port Hope
residents and workers were found to be consistent with studies of
similar populations and exposures conducted in other countries
. The CNSC reviewed and synthesized all of these studies to assess the
potential health effects of Port Hope's past and present industry for radium
and uranium refining and processing.
. The CNSC individually reviewed and compared environmental and
epidemiological studies and their conclusions were:
o Levels of exposure in Port Hope to radiological and non-radiological
contaminants are low and are below levels known to cause adverse
health outcomes
o There is no evidence of health effects as a result of the past and
present activities of the Port Hope nuclear industry
o Findings from environmental and epidemiological studies are
consistent and support each other and are consistent with other studies
of similar exposure and similar populations conducted in other
countries
o The Port Hope findings were consistent with international scientific
understanding of the human health effects of radiation and toxicity of
uranium and contaminants found in Port Hope
Rachel indicated that based on the comprehensive review and synthesis, the CNSC
concluded that no adverse health effects have occurred or are likely to occur in Port
Hope as a result of the nuclear industry's operation in the town.
Rachel Lane indicated more information on the Synthesis Report: Understanding
Health Studies and Risk Assessments conducted in the Port Hope Community from
the 1950s to the Present is available at the CNSC website at nuclearsafety.gc.ca.
The overheads Rachel used are attached as Appendix 3.
9
6.0 Communications
6.1 Community Issues at Pickering Nuclear
Don Terry, Manager of Public Affairs at Pickering Nuclear, provided an update on
Community Issues at Pickering Nuclear. The highlights ofDon's presentation were:
. Units 1, 5, 6, 7 and 8 are operating at full power and unit 4 was shut down
this week for unplanned maintenance.
. A fish diversion net around the mouth of the cooling water intake began in
July and will be completed by year end.
. Pickering Nuclear is working with several community partners on
environmental issues.
. Pickering Nuclear offered weekly musical Waterfront Concerts that drew
about 500 people on Thursday evenings.
. OPG was one of seven companies recognized as Pacesetters for their
leadership by the Ajax-Pickering-Uxbridge United Way.
. Don Terry was part of the organizing committee of the Annual Mayors'
Charity Classic golf tournament that raised $185,000 for the Rouge Valley
Ajax-Pickering Hospital this year and over the past 14 years has raised more
than $2,000,000.
. The Pickering Neighbours newsletter will be delivered to residents in
October.
Don Terry, Manager of Public Affairs at Pickering Nuclear, can be reached at (905)
839-1151 extension 5966 or bye-mail at don.terrv@opg.com for more information.
6.2 Community Issues at Darlington Nuclear
Don Terry provided an update on the community issues at Darlington Nuclear for
Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, who could not
attend the meeting today. The highlights ofDon's presentation were:
. Units 1, 2, 3 and 4 are operating at full power.
. Darlington Nuclear is working with several community partners on
environmental issues.
. OPG is a sponsor of the Durham Strategic Energy Alliance event Building
Sustainable Communities and The Day of Hope and Leadership both events
will be held on October 1, 2009.
. The Darlington Neighbours newsletter will be delivered to residents in
October.
Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, can be reached at
(905) 697-7443 bye-mail at Jennifer.knox(cV,opg.com for more information.
6.3 Don Terry provided additional information for both Pickering and Darlington
Nuclear as follows:
. Wayne Robbins, Chief Nuclear Officer, was named the Leader of the Year
by the Ontario Energy Association.
10
· J acquie Hoornweg, Director Nuclear Public Affairs, was named the chair of
the Durham Strategic Energy Alliance for 2009.
· Pat McNeil, Senior Vice-President of Nuclear Generation Development,
was awarded the 2009 Howard Sokolowski Award by the Rouge Valley
Health System for his years of work supporting health care in the
community.
7.0 Other Business
7.1 Topics Inventory Update
Robert Kyle indicated the Topics Inventory will be revised to include the
presentations made today and it is attached as Appendix 4.
7.2 Brian Devitt indicated the scheduled DNHC meetings for 2010 are:
. January 15 to be hosted by the Health Department
. April 16 to be hosted by UOIT
. June 18 to be hosted by Pickering Nuclear
. September 17 to be hosted by Darlington Nuclear
. November 19 to be hosted by the Health Department
7.2 Future Topics for the DNHC to Consider
Robert Kyle indicated the topics for discussion at the next meeting on September
18, 2009 or future DNHC meetings may include:
. Report from the Nuclear Waste Management Organization
. Report from OPG on their Waste Management Facilities
. Report from CNSC on 2008 Report Cards for Pickering and Darlington
. Report on recommended changes to drinking water standards for tritium
. Report on the use and supply of medical isotopes in Canada
. Progress Report on the New Nuclear at Darlington Project
. Report from the DRHD concerning HINI planning
8.0 Next Meeting
Date
November 20, 2009
Time
12:00 PM Lunch served
1 :00 PM Meeting begins
Location
Courtice Community Complex
2950 Courtice Road
Clarington, Ontario
9.0 Adjournment at 4:15 PM
11
181ingl.... ,',OIL
Energizing OI1lario
REPORT #1
REPORT TO COUNCIL MEETING OF OCTOBER 26, 2009
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, OCTOBER 19, 2009
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) EGD-030-09 Monthly Report On Building Permit Activity For September,
2009
(b) ESD-011-09 Monthly Response Report - September 2009
(c) CLD-020-09 Health Canada Survey
(d) FND-027-09 Report On Revenue Sensitive To Economic Conditions-
August 2009
(e) Presentation Greg Ashbee, Senior Project Engineer With Go Transit
Regarding The Ea For Go Rail Service Expansion To
Bowmanville
2. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETINGS OF SEPTEMBER 3, 2009 AND OCTOBER 1,2009
THAT Report PSD-094-09 be received;
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
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.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
Report #1
2
October 5, 2009
3. PROPOSAL FOR CLIMATIC ASSESSMENT FOR TENDER FRUITS
THAT Report PSD-095-09 be received for information;
THAT the 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
THAT all interested parties be notified of Council's decision regarding Report
PSD-095-09.
4. APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: PRESTONV ALE HEIGHTS LIMITED
THAT Report PSD-096-09 be received;
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 Part Lot Control By-law attached to Report PSD-096-09 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
THAT all interested parties listed in Report PSD-096-09 and any delegations be
advised of Council's decision.
5. PORT GRANBY PROJECT
MUNICIPAL CONSENT TO THE EA SCREENING PROJECT
THAT Report PSD-097-09 be received;
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
Report #1
3
October 5, 2009
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 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.
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;
THAT a copy of Report PSD-097 -09 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
THAT a copy of Council's decision be forwarded to any delegations and all
interested parties listed in Report PSD-097-09.
6. AMENDMENT 3 TO THE LEGAL AGREEMENT FOR THE PORT HOPE AREA
INITIATIVE
THAT Report PSD-098-09 be received;
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;
THAT the By-law attached to Report PSD-098-09 authorizing the Mayor and Clerk
to sign the Agreement to amend the Legal Agreement for the Port Hope Area
Initiative, be adopted; and
THAT a copy of Report PSD-098-09 and Council's decision be forwarded to
Natural Resources Canada and the Municipality of Port Hope.
Report #1
4
October 5, 2009
7. FORMER BOYS TRAINING SCHOOL AND PRISONER OF WAR CAMP 2020
LAMBS ROAD, BOWMANVILLE
THAT Report PSD-099-09 be received;
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;
THAT the demolition application for buildings 1, 6, 9, 10 ,12, 16, 17, and 18 be
approved at this time; and
THAT all interested parties listed in Report PSD-099-09 and any delegation be
advised of Council's direction.
8. ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL
HERITAGE VALUE OR INTEREST
THAT Report PSD-101-09 be received;
THAT the stone house located at 1592 Prestonvale Road, be added to the
Municipal Register of properties of cultural heritage value or interest; and.
THAT all interested parties listed in Report PSD-101-09 and any delegation be
advised of Council's direction.
9. PORT GRANBY PROJECT
MUNICIPAL CONSENT TO THE EA SCREENING PROJECT
WHEREAS the Property Value Assessment Program for the Port Granby Project
has been a contentious issue from the beginning;
AND WHEREAS the Residents of Port Granby have on numerous occasions
raised these concerns and as of late three members of the community have had
serious issues with the selling of their property due to the Property Value
Assessment Program;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington request the Low Level Office to appoint an independent resource
person to represent and assist the home seller and their realtor in dealing with this
agency of the Federal Government to ensure fairness, ease and transparency.
Report #1
5
October 5, 2009
10. CLARINGTON OLDER ADULTS PARKING LOT SNOW CLEARING
THAT Report COD-061-09 be received;
THAT Council confirm the current arrangement with respect to the Clarington Older
Adults Centre parking lot snow clearing; and
THAT the Clarington Older Adults Centre Board and other interested parties on
record, be advised of Council's decision.
11. TOWNSHIP OF WOOLWICH'S RESOLUTION FOR REVIEW OF CHAPTER 27,
SECTION 5(2) OF THE DEVELOPMENT CHARGES ACT, 1997
THAT Report FND-028-09 be received;
THAT Council endorse the Township ofWoolwich's Resolution, Attachment "A",
requesting support for a review of the Chapter 27, Section 5(s) of the Development
Charges Act, 1997; and
THAT this resolution be forwarded to the Township of Woolwich, Jim Watson,
Minister of Municipal Affairs and Housing, and John O'Toole, MPP.
12. CODE OF CONDUCT FOR COUNCIL MEMBERS
THAT Report CAO-007-09 be received for information; and
THAT Council take no further action on this subject matter.
13. ENERGY AUDITS - COURTICE COMMUNITY COMPLEX AND THE FIRE HALL
#1
THAT Report CAO-008-09 be received; and
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.
14. DELEGATION - RICHARD WARD, REGARDING TAX ARREARS AND A
REQUEST TO DEFER TAX PAYMENTS, PENDING AN INVESTIGATION
THAT the issues raised during the delegation of Richard Ward be forwarded to the
Finance Department for a report.
15. REPORT OF THE SOLICITOR, DENNIS HEFFERON, ON A CONFIDENTIAL
MATTER REGARDING DEVELOPMENT CHARGES
THAT the recommendations contained in the Report of the Solicitor, Dennis
Hefferon, on a confidential matter regarding Development Charges, be approved.
STAFF REPORT #1
Cl!llpn
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday, October 26, 2009
Report #: PSD-102-09
File #: COPA 2007-013
By-law #:
Subject:
PROPOSED MODIFICATION TO AMENDMENT NO. 60
BROOKHILL SECONDARY PLAN
RECOMMENDA TIONS:
It is respectfully recommended that the Council endorse the following recommendations:
1. THAT Report PSD-1 02-09 be received;
2. THAT the Municipality request the Ontario Municipal Board to modify Amendment No. 60
as shown in Attachment 2;
3. THAT the Ontario Municipal Board and the Durham Region Planning Department be
forwarded a copy of this report and Council's decision; and
4. THAT all interested parties listed in this report and any delegation be advised of Council's
decision.
-//
/ ~~
/ I ,?~ /1
/ - / lJL.--.
Submitted by: r ':-,/ 1/
David J. Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
() ~L,Q ..-:._" e.:S~
Franklin Wu,
Chief Administrative Officer
CS/CP/df
October 21, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-102-09
PAGE 2
1.0 BACKGROUND
1.1 On March 24th, 2008 Council recommended to the Region of Durham that Amendment
No. 60 to the Clarington Official Plan for the Brookhill Secondary Plan and Urban
Design Guidelines be approved. The Region, as the approval authority, approved
Amendment No. 60 in August 2008. Amendment No. 60 was appealed to the Ontario
Municipal Board (OM B) by a local resident residing on Munday Court. The appeal was
specific to the introduction of a Medium Density symbol located on the east side of
Regional Road 57 on the north side of Stevens Road.
1.2 Through the pre-hearing conferences scheduled by the Ontario Municipal Board, the
appeal to Amendment No. 60 and the appeals by West Diamond/Players Business
Park (West Diamond) were consolidated. West Diamond became a party to the
Amendment No. 60 appeal.
1.3 Earlier this year, a group of landowners in the Brookhill Neighbourhood met with staff
to review preliminary draft plans of subdivision. 1613881 Ontario Inc. (Metrus), 821012
Ontario Limited & 821013 Ontario Limited (Ton no) and Dunbury Developments
(Regional) Ltd. (Dunbury) expressed an interest in moving forward with the
development of their lands (Attachment 1). Interest from three landowners in
developing the Brookhill Neighbourhood, together with West Diamond, represents both
challenges and opportunities for moving forward with servicing and road infrastructure,
parks and open space development. As such, modifications to Amendment No. 60
have been requested for certain policies related to residential densities, parkland
development and the accompanying land use schedules.
1.4 The purpose of this report is to provide an overview of the appeal to Amendment No.
60 and the recommended modifications thereto.
2.0 APPEAL TO AMENDMENT NO. 60
2.1 Amendment No. 60 was appealed by Mr. Thorsten Koseck of Munday Court. Mr.
Koseck objected to the Medium Density symbol located east of Regional Road 57 on
the north side of Stevens Road, where The Kaitlin Group proposed a 62 unit
townhouse condominium development. Mr. Koseck's primary concerns were the
impact of the development on the Bowmanville Creek valley and wildlife; traffic impact,
citing residents of Munday Court find it increasingly more difficult to turn onto or off of
Regional Road 57, and the lack of pedestrian connections to the Bowmanville West
Town Centre.
2.2 Since the appeal was lodged in August 2008, The Kaitlin Group has met with Mr.
Koseck and the Municipality on several occasions to resolve the concerns regarding
the development. The Kaitlin Group proposes to reduce the number of units to 42
single detached units in condominium tenure. This will ensure a consistent quality
architectural design and maintenance standards. The reduction in the number of units
eliminates the need for the Medium Density symbol in this location. An Environmental
Impact Study (EIS) for the development, addressing concerns related to development
REPORT NO.: PSD-102-09
PAGE 3
adjacent to the Bowmanville Creek valley and impacts to wildlife, has not been
completed at this time. The Kaitlin Group must also submit an application for Site Plan
Approval and Plan of Condominium in order for Staff to further evaluate this proposal.
2.3 Staff have also met with Mr. Koseck on several occasions to address his concerns
regarding traffic impacts and pedestrian movements in the area. In April 2009, Staff
invited staff from Region of Durham Works Department and consultants from AECOM
to discuss traffic movements on Regional Road 57. Mr. Koseck was advised by
Regional Works that traffic signals would not be installed at Stevens Road and
Regional Road 57. Traffic signals will be installed at the future intersection of Brookhill
Boulevard and Regional Road 57, providing the appropriate separation distance
between existing signals at Durham Highway 2 and Regional Road 57 and Longworth
Avenue and Regional Road 57. Signalization of these locations would provide
adequate gap for traffic movements onto and off of Regional Road 57.
Mr. Koseck was also advised that sidewalks from Durham Highway 2 to Stevens Road
along Regional Road 57 are in the Development Charges Background Study for 2016.
Should The Kaitlin Group's proposal proceed prior to the inclusion of this work in the
Municipality's capital budget, then the Municipality would require The Kaitlin Group to
provide temporary pedestrian connections to the west side until such time as
permanent sidewalks are constructed, which will occur when the Region reconstructs
Regional Road 57. At the present time, the Region has advised that an Environmental
Assessment (EA) for Regional Road 57 from Baseline Road to Durham Highway 2 is
slated to commence next year with construction scheduled for 2012 to 2027 timeline.
The EA will determine if improvements to the intersection will be warranted and may
extend as far north as Stevens Road in order to provide an acceptable transition
through the improved intersection.
2.4 In a recent meeting with staff, Mr. Koseck requested that bicycle lanes be constructed
as part of the road network, and not just be part of an off-road trail system, within the
Brookhill tributary valley. Engineering staff have advised that the road allowances for
Brookhill Boulevard, Clarington Boulevard, and Longworth Avenue are all wide enough
to accommodate a bike lane when and if the demand warrants it. A letter to this effect
was forwarded to Mr. Koseck.
3.0 PROPOSED MODIFICATIONS TO AMENDMENT NO. 60
3.1 Amendment No. 60 to the Clarington Official Plan included the recommendations from
the Brookhill Subwatershed Study and the Brookhill Secondary Plan and Urban Design
Guidelines.
The proposed modifications further refine the policies contained in Amendment No. 60
as a result of further review by Staff, proposed revisions to The Kaitlin development
east of Regional Road 57, and through discussions with the Brookhill developers. The
proposed modifications affect both the Clarington Official Plan and the Brookhill
Secondary Plan.
REPORT NO.: PSD-102-09
PAGE 4
3.2 The proposed modifications to the schedules contained in Amendment No. 60 are
summarized as follows, and contained in Attachment 2:
· To address the concerns of Mr. Koseck and in response to the revisions proposed
by The Kaitlin Group, the Medium Density symbol east of Regional Road 57 has
been deleted. This would still allow development of the lands at the east end of
Stevens Road for a density up to 30 units per hectare, which can also
accommodate a townhouse housing form.
· In response to the discussions with Tonno, the stormwater management facility on
the west side of Regional Road 57 has been relocated south of Brookhill Boulevard.
A Medium Density symbol has been added between the stormwater management
facility and Brookhill Boulevard. Brookhill Boulevard has been shifted northerly,
accordingly.
· In response to the combined request from Metrus, Tonno and Dunbury, Clarington
Boulevard has been shifted easterly to straddle the joint property lines.
· In response to a request from Metrus, the Neighbourhood Park symbol abutting the
east side of Green Road has been deleted and replaced with Low Density
Residential designation and a parkette. As a result of the easterly shift to Clarington
Boulevard lands between the Neighbourhood Park and Public Elementary School
to the north and the stormwater management facility to the south have been
designated Low Density Residential.
· Boswell Drive north of Brookhill Boulevard was deleted from Map B of the Official
Plan. This road pattern is consistent with the Brookhill Demonstration Plan.
3.3 In response to request and discussion with West Diamond, changes to the Secondary
Plan policies were made and are summarized as follows, and contained in Attachment
2: '
· The policies identifying the location of rear lanes was modified by including policies
to permit rear lanes in Neighbourhood Commons Area and for access to Medium
Density Residential uses which abut Arterial and Collector Roads.
· Policies dealing with residential uses are modified to permit limited townhouse
dwellings in Low Density Residential designations, and limited detached and semi
detached dwelling in the Neighbourhood Commons Area designation to diversify
streets capes .
· The park hierarchy was redefined to better distinguish between larger
Neighbourhood Parks, and smaller parks within the Neighbourhood Commons Area
and by distinguishing between Urban Squares and Parkettes and permitting
parkettes where they are deemed necessary to augment parks within any
neighbourhood.
REPORT NO.: PSD-102-09
PAGE 5
· The elementary school site policies were strengthened to ensure schools are
located adjacent and connected to the open space system and planned
neighbourhood parks sites and to ensure that the public uses are integrated within
the open space system and remains a major attribute within the Secondary Plan.
· Providing clarification that the Demonstration Plan and Urban Design Guidelines do
not require amendments to implement alternative designs. However, to ensure high
quality urban design for uses within the public realm, some of the urban design
guidelines have been moved into the Secondary Plan as policies, particularly for
institutional uses, the pedestrian environment and natural heritage features.
· Policies related to the implementation of changes to the Planning Act contained in
Bill 51 for including pre-consultation requirements, exterior design, design elements
for site plans and provision of pathways and trails in plans of subdivision and
sustainability.
4.0 STAFF COMMENTS
4.1 The proposed modifications have been reviewed in consideration of the appeal by Mr.
Koseck and from discussions with Staff and the Brookhill developers. The
modifications are consistent with the Region of Durham Official Plan and Clarington
Official Plan, and maintain the goals and objectives of Amendment No. 60 and the
Brookhill Secondary Plan.
4.2 Approval of the modification will enable the Staff to bring forth a recommendation
report for the approval of the Draft Plan of Subdivision and rezoning by West Diamond
(S-C 2004-004) currently under appeal. In addition, it will allow staff to evaluate the
proposed Draft Plans ,of Subdivisions to be submitted by Metrus, Tonno and Dunbury.
4.3 A Memorandum of Understanding (MOU) is being negotiated with Brookhill
Developers. The purpose of the MOU is to:
· Address the financial impacts on the Municipality.
· Ensure that roads, servicing infrastructure and lands for the public elementary
school and parks and open space are available in a timely manner relative to the
phasing of development.
· Assist in helping to provide that the costs associated with each infrastructure is
distributed equitably among the Brookhill developers.
It is anticipated that the MOU will be brought forward for Committee and Council's
consideration in the near future.
REPORT NO.: PSD-102-09
PAGE 6
5.0 CONCLUSION
In consideration of the comments contained in this report, Staff respectfully
recommend the proposed modifications to Amendment No. 60 be recommended to
Ontario Municipal Board.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Modifications to Amendment No. 60
Interested parties to be advised of Council's decision:
Greg Milosh
Steve Neshevich
Rich Neshevich
Donald and Joyce Luck
Frances Westgarth
Ted and Maria Roeloffzen
Myra Douglas
Victor Shearing
Bill Allison
Ken Allison
Larry and Irene Grabowski
Bruce Fischer
Cora Tonno
Bob Annaert
Kelvin Whalen
Rev. Frank Lockhart
Eloisa Liquiran
Steven Wimmer
Peter Smith
Nick Mensink
Rudi and Matteo Barrese
Harold and Jean Hoskin
Allan Frank
Doug and Leslie Allingham
Ermoini Sawchuck
Randy Miller
Gerry and Louise Lens
Hannu Halminen
Mr. and Mrs. Farmer
Jose Brito
AI O'Reilly
Erwin Waldinsperger
S. Coyne
Louis Bertrand
Bruce Fischer
Ian Rohr and Phil Litowitz
Roslyn Houser
Lillian and John Bouma
Michael Durocher
Mark Koenig
Rob Howe
Joe Vanderheyden
Peter Stoddart and Lee MacMillain
Darren Marks
Ernest Kockeritz
Thorsten Koseck
P. Schmidinger
Nash Ro~L
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Attachment 1
To Report PSD-102-09
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Attachment 2
To Report PSD-102-09
PROPOSED MODIFICATION TO
AMENDMENT 60
TO THE CLARINGTON OFFICIAL PLAN
ACTUAL MODIFICATIONS:
OPA 60 of the Clarington Official Plan is hereby modified as follows:
1. Modify Exhibit B to OPA 60 Map A3 - Land Use Bowmanville Urban Area
as attached
2. Modify Exhibit C to OPA 60 Map B3 - Transportation Bowmanville Urban
Area as attached
3. Modify Section 2.2.1 (d) (iv) by adding the following at the end of the
second paragraph:
"Rear lanes may also be used with the Neighbourhood Commons Areas
and in the Medium Density Residential designation abutting Arterial or
Collector Roads."
4. Delete the Section 6.1.2 and replace it with the following:
"Low Density Residential shall accommodate a range of housing types.
Permitted residential building types shall predominantly include detached
and semi-detached dwellings. Limited Street townhouse dwellings shall
also be permitted."
5. Modify Section 6.3.2 by adding the following, after the words "stacked
townhouses,":
"as well as limited detached and semi-detached dwellings"
6. Delete the Section 6.3.4 and replace it with the following:
"Development within the Neighbourhood Commons Areas is required to
have front doors facing the street and/or Neighbourhood Common Square.
Garage doors/service facilities shall not dominate the view of the
streetscape. Rear lanes may be used to facilitate units with front doors on
the Neighbourhood Common Square. Front and exterior side yard porches
shall be encouraged on all ground-related residential units."
7. Delete Section 6.5.4 and replace it with the following:
"An Environmental Impact Study shall be undertaken for development
proposals in accordance with Section 4.4.35 of the Official Plan, including
any necessary infrastructure and roads proposed within the Lake Iroquois
Beach, or within 120 metres of the boundary of a wetland or wetland
complex or 30 metres of the Environmental Protection Area designation.
Any resulting changes to the boundaries of the Environmental Protection
Area designation resulting from the recommendations of an Environmental
Impact Study shall not require an amendment to the Official Plan or
Secondary Plan."
8. Delete Section 6.6.1 and replace it with the following:
6.6.1 Parks and Open Space designation shall include lands within the
following categories:
a) Neighbourhood Parks;
b) Neighbourhood Common Squares;
c) Parkettes;
d) Urban Squares; and
e) Green Roads/Gateways/Greenways.
9. Section 6.6.2 is modified as follows:
i) Delete Section 6.6.2(a) and (b) and replace them as follows:
6.6.2 Parks shall be established in accordance with the following:
a) "Neighbourhood Parks shall form the central focus of the
overall Community. Neighbourhood Parks shall perform an
array of functions within the community, including providing
active sports fields, and shall have a minimum size of 2.0 ha.
and shall be located abutting the open space system and
planned school sites and have a minimum frontage equal to
25 % of the park perimeter. Neighbourhood Parks are to be
accepted as part of the parkland dedication required under
the Planning Act.
b) Neighbourhood Common Square shall form the central focus
of each of the identified Neighbourhood Commons.
Neighbourhood Common Square shall be a minimum of 0.8
hectares in size, and shall abut on at least two sides, and
preferably three or four sides on public roads. The
Neighbourhood Common Square are to be accepted as part
of the parkland dedication required under the Planning Act.
ii) Add a new 6.6.2 (c) and renumber modify b) and c) to d) and e) as
follows:
c) Parkettes are not designated on the Land Use Schedule.
They are required wherever the Municipality deems it
necessary to augment or adjust the park requirements of any
neighbourhood.
d) Urban Squares - are smaller components of the open space
network and will be identified in the required development
applications; and
e) Green Roads/Gate ways/Green ways are small scale open
space features provided as linkages within the open space
system or as entrance features to the community to provide
for connecting pedestrian and bicycle routes and special
identity features within the Secondary Plan Area.
10. Delete Section 7.2(a) and replace it as follows:
"Elementary school sites are permitted within the Village Corridor
designation on Map A. Schools support the community structure and
patterns of land use. Elementary school sites shall be located adjacent
and connected to the open space system and planned neighbourhood
park sites. The configuration and size of school sites will be defined in
consultation with the School Boards through application for approval of a
proposed plan of subdivision."
11. Add a new 7.4 SPECIAL STUDY AREA
"7.4 SPECIAL STUDY AREA
Lands south of Brookhill Boulevard and east of Clarington Boulevard have
been identified as a Special Study Area. These lands may be required for
stormwater management purposes in the future. Prior to Council
considering any development application for these lands an Official Plan
Amendment shall be submitted and approved by the Municipality detailing
the land use permissions.
12. Delete Section 8.2.2 (b) and replace with the following:
"b) To recognize the importance of public and institutional buildings in
the community and to enhance their status these buildings are
encouraged:
i) to be located within the Village Corridor and the
Neighbourhood Commons Areas;
ji) to be sited at the termination of a road or view corridor, or at
road intersections, or on sites that enjoy prominence due to
topographic and natural features;
iji) to be designed as special landmark buildings with high
quality design, materials and finishes. The site should be
well landscaped in recognition of their prominent locations
and status as landmark buildings; and
iv) to be located close to the road right-of-way to reinforce the
road edge to create a visually dominant feature in the
community"
13. Modify Section 8.3.3 by adding a new subsection c) as follows:
"c) Trail System - The highly interconnected trails system is identified
conceptually on the Greenlands and Open Space Plan.
i) The trails system includes trails within natural features,
stormwater management facilities, open spaces and parks
and the road system - sidewalks and bicycle paths;
ii) Trail design and type will be based on each site's sensitivity
in order to minimize environmental impacts and will be
designed to accommodate a range of users and abilities;
and
iii) Trails located in proximity to sensitive natural features, or
adjacent to stormwater management facilities should
incorporate interpretive signage at various locations to
promote stewardship initiatives that will protect and enhance
the features and functions of the natural environment."
14. Add a new Section 8.3.4. Natural Heritage Features as follows:
"8.3.4 Natural Heritage Features
a) Significant natural heritage features within the Secondary
Plan Area shall be protected and integrated into the
community greenlands system.
b) Natural heritage features should be physically and visually
accessible from the abutting roads.
c) Preservation of existing vegetation is encouraged. Where
necessary, indigenous and ecologically complementary
planting should be encouraged in keeping with
Naturalization/Remediation Plan."
15. Amend Section 9.4 Road Network Policies by adding a new Section 9.4.5
as follows and renumbering 9.4.5. and 9.4.6. accordingly:
"9.4.5 The alignment of the Longworth Avenue extension as shown on
Map A is approximated and will be determined through detailed
planning to determine the appropriate intersection point at Regional
Road 57, the appropriate crossing of the Brookhill Tributary and the
appropriate setback from the environmentally sensitive lands to the
north, west of Green Road. Any resulting modification to the
alignment of Longworth Avenue extension shall not require an
amendment to the Official Plan or Secondary Plan."
16. Modify Section 9.5.1 by adding the following at the end:
"Public rear lanes may also be used for access to units with front doors
facing on a Neighbourhood Common Square"
17. By replacing the first sentence of 9.7.1 with the following:
"The pedestrian and bicycle trail system identified on Map B is an
essential part of the Municipality's integrated sustainable transportation
network. The pedestrian and bicycle path system serves the Secondary
Planning Area but links with other pathway systems in the Municipality."
18. Delete Section 9.7.2 and replace as follows:
"The Municipality shall require the recreational trail system along the
Brookhill Tributary and accessing the Bowmanville Creek Valley Trail to be
constructed as a condition of draft approval for any plan of subdivision, or
site plan approval which includes, or is adjacent to, the Brookhill Tributary
lands, or through appropriate cost-sharing arrangements between
landowners. "
19. By adding a new policy 9.7.3 as follows:
"9.7.3 The Municipality may require trail corridors to be dedicated for
public purposes as a condition of draft approval for a plan of
subdivision."
20. In Policy 11.3.1,
a) By adding a new subsection "iv. Environmental Site Assessment (ESA)
and Record of Site Condition" and renumbering the subsequent
subsections.
b) By revising subsection vi) (as renumbered) to read as follows: 'Tree
Inventory and Tree Preservation Plan".
21. By adding new Sections 11.5 and 11.6 as follows:
"11.5 Pre-submission Consultation
Pre-submission consultation provides the opportunity to ensure that all
necessary information is available at the time of the application
submission as necessary to properly assess the application and determine
that it is complete for the purposes of the Planning Act. The following
outlines the pre-submission consultation and complete application
policies:
a. Prior to the submission of a complete application for an Official Plan
Amendment, Zoning By-Law Amendment, Draft Plan of
Subdivision, Draft Plan of Condominium, or Site Plan, the applicant
shall consult with the Municipality in accordance with this Plan and
the Municipality's Pre-consultation By-law.
b. Pre-consultation meetings shall be held with the Municipality and
any other government, public authority and/or external agency as
deemed appropriate by the Municipality.
c. Any application for an Official Plan Amendment, Zoning By-law
Amendment, Draft Plan of Subdivision, Draft Plan of Condominium,
or Site Plan will require the applicant to:
i. Comply with the statutory complete application submission
requirements of the Planning Act;
ii. Include a fully completed application form with all submission
requirements and supporting documentation; and
iii. Include the prescribed application fees.
d. Any application for an Official Plan Amendment, Zoning By-law
Amendment, Draft Plan of Subdivision, Draft Plan of Condominium,
or Site Plan by the applicant shall be deemed to be a complete
application once all required studies, reports and information
outlined in Section 11.3.1 are prepared and provided by the
proponent. Studies, reports and information outlined in Section
11.3.1 as necessary for the proper evaluation of a complete
application will be determined by the Municipality in consultation
with the applicant, any other government, public authority and/or
external agency as deemed necessary by the Municipality. Any
studies not required or required as a condition of approval will be
indicated in writing after pre-submission consultation.
e. In addition to the studies, reports and information specified during
the pre-consultation process, the proponent shall be required to
submit any other studies and reports relevant and necessary to the
evaluation of the particular applications as deemed appropriate by
the Municipality in consultation with the applicant, and any other
government, public authority and/or external agency.
f. Any studies or reports and information shall be prepared in
accordance with any standards or specifications applicable within
the Municipality or the Region and may, at the Municipality's
discretion, require a peer review by a qualified consultant retained
by the Municipality at the applicant's expense.
g. In all instances the scope, timing and number of studies, reports
and information required for the submission of a complete
application should be appropriate and in keeping with the scope
and complexity of the application. For applications that may be
considered simple or minor in nature, little, if any, additional
information may be required.
h. Councilor its designate may refuse to accept or further consider an
application until a complete application has been prepared.
11.6 Site Plan Control
Site Plan Control is a key mechanism to implement the urban design
policies of this Plan. In addition to the matters identified in Section 23.8 of
the Official Plan, the following policies apply to the Secondary Planning
Area:
Coloured elevation drawings showing plan, elevation and cross section
views may be required for all proposed non-residential development and
adjacent buildings and all residential development containing greater 24
residential units.
In addition the other matters referred to in subsection 41 (4), plans
submitted for approval shall include:
a. Exterior designs, including but not limited to, character, scale,
appearance and design features of the building and their
sustainable designs including energy efficiency; and
b. Sustainable design elements on any adjoining public street,
including without limitation trees, shrubs, hedges, plantings or other
ground cover, street furniture, curb ramps, waste and recycling
receptacles and bicycle parking."
22. Delete Section 12.2 and replace as follows:
"Inherent to the Brookhill Secondary Plan is the principle of flexibility,
provided that the general intent and structure of the Plan are maintained to
the satisfaction of the Municipality. As such, it is the intent of the
Municipality to permit some flexibility in the interpretation of the policies,
regulations and numerical requirements of this Secondary Plan except
where this Secondary Plan is explicitly intended to be prescriptive. A
Demonstration Plan and Urban Design Guidelines are contained in
Appendix II. The Urban Design Guidelines provide design principles and
specific guidelines for both the public and private sectors. They indicate
the Municipality of Clarington's expectations with respect to the character,
quality and form of development in the Brookhill Community. The
Demonstration Plan illustrates the planning principles that are inherent to
the Secondary Plan. It is one example of how the Secondary Plan might
be implemented within the Secondary Plan Area. The Urban Design
Guidelines and Demonstration Plan itself have no formal status and do not
require any formal amendment process to implement an alternative design
solution, or solutions at any time in the future."
23. Modify Exhibit "F" to OPA 60 - Map A - Land Use and Transportation
Schedule - Brookhill Neighbourhood Secondary Plan
24. Modify Exhibit "G" to OPA 60 - Map B - Greenlands and Open Space
Schedule - Brookhill Neighbourhood Secondary Plan
Exhibit "B", Modification To Amendment No. 60 To the Municipality
of Clarington Official Plan, Map A3, Land Use, Bowmanville Urban Area
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OFFICIAL PLAN
MUNICIPALllY OF CLARINGTON
JANUARY 2, 2007
REFER TO SECTION 19
THIS CONSOLIDATION IS PROVIDED fOR CONVENIENCE ONLY
AND REPRESEN1S REQUESTED MODIFICATIONS AND APPROVAlS
EXISTING FUTURE
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Official Plan, Map A, land Use and Transportation Plan, Brookhill Secondary Plan
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BROOKHILL NEIGHBOURHOOD
SECONDARY PLAN
SEPTEMBER 22, 2009
THIS CONSOUIlAll0N IS PROVIDED fOR CONVENIENCE ONLY
AND REPRESENTS REQUESTED MODIfiCATIONS AND APPROVAlS
Unfinished Business #1
Excerpt of Special Council Minutes - October 13, 2009
Resolution #C-592-09
Moved by Councillor Trim, seconded by Councillor Novak
WHEREAS the Municipal Clerk was directed by Council to prepare Staff Report
CLD-021-09;
WHEREAS within the report, staff outlined the available approved methods that could
be used to meet the Municipal Elections Act;
WHEREAS at the October 13, 2009, special Council meeting, staff answered questions
from Council members;
WHEREAS concern and consideration pertaining to accessibility was and should
always be reviewed for each election;
WHEREAS Clarington like many other municipalities have used the vote by mail
method for elections in 2000-2003-2006 successfully as per page 5 (2.4.1) of Report
CLD-021-09;
THEREFORE after a thorough review of the methods and combined methods outlined
in the report, it is the position of Clarington Council to continue using the vote by mail
method as in the past three elections; and
THAT improvements for accessibility voting be presented to Council for approval at a
later date.
"TABLED"
(see following motion)
Resolution #C-593-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT the foregoing Resolution #C-592-09 be tabled until the next meeting of Council.
"CARRIED ON THE FOLLOWING
RECORDED VOTE":
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster ~
Councillor Hooper ~
Councillor Novak ~
Councillor Robinson ~
Councillor Trim ~
Councillor Woo ~
Mayor Abernethy ~
Staff Report # 1
Clwingtnn
REPORT
CLERK'S DEPARTMENT
Meeting:
COUNCIL
R-esokJ-hot\ -d:h C-S9Q -09
c -5Cj3 -Ocr
Date: October 13, 2009
Report #: CLD-021-09
File #:
By-law #:
Subject: Methods of Conducting the 2010 Municipal Elections
RECOMMENDATIONS:
It is respectfully recommended:
1. THAT Report CLD-021-09 be received;
2. THAT the method of conducting municipal elections in the Municipality of Clarington
be changed from Mail-in Voting to a combination of internet voting and traditional
paper ballot at voting locations;
3. THAT the method of tabulating the results in municipal elections in the Municipality
of Clarington be changed from a centralized vote tabulator to voting location vote
tabulators for the cast paper ballots combined with the results of the ballots cast
through internet;
4. THAT staff be authorized to issue a Request for Proposal for the use of Internet
Voting, Optical Scan poll count Tabulation equipment, and real-time Voters' List
Management System for the 2010 Municipal Elections in the Municipality of
Clarington;
5. THAT the by-law attached to Report CLD-021-09, as Appendix 4 authorizing the use
of internet and poll count tabulation equipment for Clarington municipal elections be
approved;
6. THAT the interested parties listed in Report CLD-021-09 be advised of Council's
decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.:CLD-021-09
Page 2
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Submitted qy:Pafti'{. Barrie, CMO
PLB* AG () Municipal Clerk
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Reviewed by: Franklin Wu,
Chief Administrative Officer
REPORT NO.:CLD-021-09
Page 3
1.0 BACKGROUND AND COMMENT
1.1 At the regular Council meeting held on June 1,2009, the Municipal Clerk was directed
to arrange for a special Council meeting to educate Members of Council on the methods
of elections and that this education session also speak to election sign issues as they
pertain to the election methods.
Resolution #C-339-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-051-09 be received;
THAT the draft Sign By-law contained in Attachment 6 to Report PSD-051-09
continue to be reviewed to address any concerns raised at the public meeting;
THAT all interested parties listed in Report PSD-051-09 and any delegations be
advised of Council's decision;
THAT the Municipal Clerk be directed to arrange for and schedule a Special
Meeting of Council for the purpose of educating Members of Council on the
methods of conducting the 2010 Municipal Elections under consideration,
including signage; and
THAT this Special Meeting be open to the public.
1.2 Section 11 (1) of the Municipal Elections Act, 1996, as amended, establishes the Clerk's
responsibility for conducting the municipal election and includes responsibility for:
a) Preparing for the election;
b) Preparing for and conducting a recount in the election; and
c) Maintaining peace and order in connection with the election.
1.3 Section 42 of the Municipal Elections Act 1996, as amended, provides for Council to
pass a by-law to:
a) authorize the use of voting and vote-counting equipment, and
b) authorize electors to use an alternative voting method.
REPORT NO.:CLD-021-09
Page 4
By-law 2006-107 was enacted by Council on May 15, 2006 and authorized the use of
vote by mail and automated vote counting equipment at the Municipal Elections. This
by-law remains in effect until such time as it is repealed.
1.4 The procedures and forms established under the Act for traditional voting were
designed to ensure that the principles of the Act are maintained. Thus, it is the Clerk's
I
duty to ensure that when using alternative voting methods, that the procedures and
forms established by the Clerk are also consistent with the principles of the Act. The
principles are as follows:
· The election should be fair and non-biased.
· The integrity of the process should be maintained throughout the election.
· Voters and candidates should be treated fairly and consistently within a municipality.
· The election should be accessible to the voters.
· The secrecy and confidentiality of the individual votes is paramount.
· There is certainty that the results of the election reflect the votes cast.
1.5 Demographics of Clarington Electors
Electoral Population 61,098
Ward 1 19,555
Ward 2 17,570
Ward 3 12,442
Ward 4 11, 531
Voting Subdivisions None - eliminated with introduction of vote by mail in 2000
Internet Access/Usage Out of all those surveyed,
- 100% use the internet from home
- 0% are not familiar with using the internet
- 34% are somewhat familiar with using the internet
- 66% are very familiar with using the internet
Voter Turnout See Appendix 1
People with Disabilities 12,000
(based on Provincial statistic estimates provided by
Accessibility Experts)
REPORT NO.:CLD-021-09
Page 5
1.6 2010 Municipal Election Goals
The goals for our 2010 municipal election include:
· Providing a voting process which meets the principles of the Act;
· Meeting or exceeding our obligations under the Accessibility Customer Service
Standards;
· Providing a viable solution which is easy, convenient and trustworthy for electors;
· Streamlining administrative processes; and
· Maintaining quality, integrity and accuracy.
2.0 METHODS OF CONDUCTING AN ELECTION AND COUNTING VOTES
2.1 There are a variety of methods available for conducting municipal elections and which
are commonly used around the world. The most common in Ontario include: traditional
paper ballot, vote by mail, telephone, internet, touch-screen, and audio.
2.2 There are several technologies also used in the conduct of elections, some of which
have been well received by electors, while others have not. The use of technology
allows for improved administration, streamlined processes, improved vote count
accuracy and improved accessibility for electors. In some cases, technology can also
have an effect on voter turnout. Technologies include, but are not limited to: web-
based voters' list management, centralized and decentralized vote counting equipment,
audio balloting, electronic balloting as well as conversion of electronic balloting to
generate paper ballots. Appendix 2 to this Report details the summary of the pros and
cons of the most common methods of conducting an election and vote counting
equipment.
2.3 Staff undertook a review of the various methods of conducting elections in consideration
of Clarington's needs and a summary of the findings are included in Appendix 3 to this
Report.
2.4 Vote by Mail
2.4.1 The Municipality of Clarington has successfully conducted the past three municipal
elections using the vote-by-mail method. In 2006 we also introduced the use of central
count tabulators to improve our vote counting.
2.4.2 Since 2000 Canada Post was the successful proponent contracted to provide voters' list
management, design, supply and assembly of voting kits, and mailing of outgoing voting
REPORT NO.:CLD-021-09
Page 6
kits and incoming ballots. Canada Post has confirmed they expect to be offering the
same services for the 2010 elections as were offered in 2006.
2.4.3 Vote by mail met the principles of the Act, but staff believe, however, that the vote by
mail process alone no longer meets the new accessibility standards.
2.5 Internet Voting
2.5.1 Internet voting provides a vote anytime anywhere solution. It may be used by all elector
groups including seniors, visually impaired, deaf or hard of hearing, homeless, those
away from home, and mobility impaired. Electors are provided an opportunity to vote at
their convenience, in the comfort of their home or anywhere they can connect to the
Internet.
2.5.2 To properly consider internet voting, staff researched the use of internet voting for
municipal elections within Ontario and the use of internet voting in Ontario provincial
elections and in federal elections. Staff also undertook a survey of our residents
throughout Clarington to gather internet usage data.
2.5.3 While internet voting has been used globally since 2000, internet voting in Ontario was
introduced at the municipal level in 2003 by several municipalities (in conjunction with
traditional paper ballots at voting locations or telephone voting) including the Town of
Markham, six municipalities in Stormont, Dundas and Glengarry and five municipalities
in Prescott-Russell. While there was no doubt a learning curve for the electors and the
Clerk's administration, the voter participation ranged between 39% and 65% for the
smaller municipalities and 37% for the Town of Markham. In 2006 all but one of these
municipalities used internet voting again and many more municipalities introduced
internet voting as an option for their electors, including Peterborough and Cobourg. The
2006 voter participation in those same smaller municipalities generally ranged between
53% and 62%, while the Town of Markham remained consistent with 2003. The Town
of Markham reports that a total of 17.2% of votes cast were cast using the internet. For
the 2010 elections, again, these municipalities are continuing with internet voting and
many intend on building on their internet solution. As well, other municipalities east of
Clarington are contemplating the introduction of internet voting for their 2010 elections.
2.5.4 Internet voting has also been implemented for municipal elections outside of Ontario.
Specifically, the Regional Municipality of Halifax offered internet and telephone voting
for advance polls (3 days) in their regular municipal elections in 2008. Their overall
REPORT NO.:CLD-021-09
Page 7
voter turnout consists of 36.2% with approximately 28% voting by internet, 12% voting
by telephone and 71 % voting by traditional paper ballot at the voting location. Recently,
in their September 2009 Special Election, they expanded their interneUtelephone
options to run for 7 days (up to close of voting on voting day). Voter turnout was 35%
with 3% voting by telephone, 75% voting by internet, and 22% voting by paper. Internet
and telephone voting were also successfully used in three other municipalities near
Halifax.
2.5.5 Elections Ontario has not yet implemented internet voting, however the Chief Electoral
Officer's Report on the preparation and delivery of the 38th Provincial General Election,
Access, Integrity and Participation: Towards Responsive Electoral Processes for
Ontario which advocates the exploration of alternative (non-paper) voting channels, as
well as other automated processes.i
2.5.6 In 2008 Elections Canada held the 40th General Election, following which Elections
Canada undertook several surveys of electors, candidates, and polling staff. The
following details key findings:
· There is a marked decrease in voter turnout since 1962.
· Elector responses indicated that 57% of those who did not vote were out of town, too
busy, were at work or at school or had family obligations.
· 48% of the Candidate suggestions for improvements dealt with voting or registration
changes, and of those, 8% suggested introducing on-line voting.
· Election Canada's Strategic Plan 2008-2013ii includes a commitment to increase the
accessibility of the electoral process by testing innovative ways to vote and offere
electors additional ways to register. 54% of the elector responses stated they would
likely use the internet to vote. 46% of the candidate's responded that electors should
be able to vote online, while 48% felt they should not. "Elections Canada reports
they will continue their consultations and remains committed, with prior approval of
Parliament, to conduct a secure electronic voting pilot in a by-election by 2013."iii
2.5.7 A telephone survey of the residents within Clarington indicates that a large majority of
residents, including those in rural areas, have some type of sufficient internet access
from within their homes. Out of those surveyed, the majority indicated that they are very
familiar with using the internet.
REPORT NO.:CLD-021-09
Page 8
2.5.8 There are several service providers of secure internet voting in Canada and abroad.
The service levels offered vary among the suppliers.
3.0 ACCESSIBILITY
3.1 Effective January 1, 2010, in accordance with the Accessibility Standards for Customer
Service, Regulation 429/07, we must provide accessible customer service. These
requirements not only affect our day-to-day Municipal operations, but also our election
activities as well. The principles of policies, practices and procedures required under
this Regulation must include respect and dignity of our electors, the election procedures
should be integrated into the regular election process unless an alternate is necessary,
and our electors should all be provided an equal opportunity. As well, our election
process should allow for assistive devices and any communications shall be in a
manner that takes into account the person's disability. In considering our optimum
method of conducting an election for the electors in the Municipality of Clarington we
must consider our electors' needs.
3.2 Clarington's 2006 Solutions
3.2.1 In 2006 Clarington's Vote-by-mail method of conducting the municipal election enabled
our electors who may have been mobility impaired, or visually impaired an opportunity
to vote within the comfort of their own home using their own tools in which to cast their
ballot. Additionally, any elector could have had a trusted friend or family member to
,
assist them in completing their ballot. They would have been required to then mail their
ballot using the same means by which they would send any other piece of mail.
3.2.2 Electors were also provided the opportunity to attend the Municipal Administrative
Centre where staff assistance was provided and magnifying sheets were available to
enlarge the print.
3.2.3 Electors with hearing impairments could seek assistance using the Municipality's TTY or
e-mail.
3.3 Elections Ontario
3.3.1 Elections Ontario has an ongoing mandate to ensure electors with special needs are
able to participate in the electoral process and their program addresses the variety of
needs that may arise as a result of a disability, culture or residential issues.
REPORT NO.:CLD-021-09
Page 9
3.3.2 Elections Ontario conducts their elections using the traditional paper ballot at voting
locations. However, in recent by-elections, they have piloted several technologies to
meet the needs of their electors including: audio ballots, sip In puff, handheld
controllers, Braille templates and magnifying sheets.
3.3.3 Elections Ontario does not offer any method of unsupervised voting.
3.4 Elections Canada
3.4.1 Elections Canada offers information, education and accessibility services to persons
with special needs, seniors and those electors with limited reading and writing skills.
3.4.2 Elections Canada conducts their elections using the traditional paper ballot at voting
locations. They do provide assistance at the polls as well, they offer documents written
specifically for persons with disabilities, Braille templates and magnifying sheets, a sign-
language DVD with open- and closed-captioning for people who are deaf or hard of
hearing, voting templates, large-print list of candidates, a toll free TTY line, transfer
certificates to vote at a designated location other than their designated location;
language or sign-language interpreter services, and in hospital voting.
3.4.3 Elections Canada does not offer internet voting, but they do offer "special ballot voting"
to any eligible elector who will not be able to attend the voting location on voting day or
advance polling day. The special ballot may be mailed to the elector, or in some
circumstances, the ballot may be delivered by an election official to the elector's home
and the official may assist the elector in casting his/her ballot.
4.0 RECOMMENDED SOLUTION
4.1 The Municipality of Clarington has successfully proven that alternative voting methods
provide improved accessibility for our electors. Staff believe that the accessibility
provision can and should be improved by replacing the vote-by-mail method with
internet voting combined with traditional paper ballots at voting locations throughout the
municipality and with paper ballot votes tabulated with poll count tabulators.
4.2 The combined approach has been proven to better meet the needs of electors. Electors
who have specialized equipment for reading may use this equipment to cast their ballot,
and they are then not required to rely on any other assistance to actually cast their
ballot. Electors who are not comfortable with technology will be provided the
REPORT NO.:CLD-021-09
Page 10
opportunity to attend a voting location to cast their ballot. The use of poll count
tabulators provides for accurate and efficient tabulation of votes at the voting location.
4.3 Although a new approach for Clarington, staff are confident that they will be able to work
with staff from municipalities such as Markham, Peterborough, Cobourg and Port Hope
to develop policies, procedures and forms based on their proven methods and
experience.
4.4 Clarington's electors embraced the vote by mail system which was introduced in 2000.
As well, our telephone survey results indicate that there is a rather high degree of trust
in the internet. It can be concluded, therefore, that Clarington's electors would be
receptive to change and technology.
4.5 The recommended solution will meet the goals for the 2010 municipal elections as
detailed above.
5.0 PROPOSED PROCESS DETAILS
5.1 Voters' List Management - A Voters' List Management software system would be used
to maintain the list of voters, enable electors to verify if they are on the voters' list via the
internet, enable electors to register for internet voting, enable staff to approve
registration for internet voting, as well as track who has voted and by which method.
5.2 Every elector on the Voters' List will be mailed a Voter Notification Card which will
include:
· notice of election,
· voter instructions,
· contact information for assistance,
· voting option details,
· elector eligibility, and
· unique elector ID/PIN.
Approximately 8-10 voting locations will be used on Voting Day to accommodate those
electors who choose to cast a traditional paper ballot (Based on 50% voter turnout and
20% internet usage). A minimum of 2 voting locations will be offered per ward to ensure
easy access for electors.
5.3 Each voting location will be selected to accommodate the anticipated volume of electors
for: parking, ease of access to the facility, and ease of navigating within the facility.
REPORT NO.:CLD-021-09
Page 11
5.4 Election Officials will use laptops to access the real-time Voters' List Management
System to ensure compliance with the vote-once-only requirement.
5.5 Electors who wish to vote by traditional paper ballot will be required to attend the
designated voting location and present the appropriate identification to receive a ballot.
The Election Official would verify the elector's identity, scan the barcode on the Voter
Notification Card to locate the elector's name on the Voters' List, strike the elector's
name from the list, and issue the appropriate ballot. The elector would proceed to
complete their ballot in a private voting area. The paper ballot would then be
immediately returned to the Election Official. The Election Official would insert the ballot
through the vote tabulator into the ballot box. The elector would then immediately leave
the voting location.
5.6 To ensure the integrity of the internet vote, the service levels and security measures of
the successful service provider will ensure the following:
· "mission critical" protocol for servers,
· Standard encryption protocols,
· Firewalls and routers to address flood attacks, phishing, spyware and website
defacing,
· Password protection for system access and system rights,
· Tabulation of votes restricted to close of voting on voting day,
· System audit trails, .and
· A two-step registration/voting process for the electors.
5.7 Electors who wish to vote by internet will register and vote in a two-step internet
process. The elector would log onto the designated site, as stated in the Voter
Notification Card, and register to vote by internet. During the registration process they
would be prompted to enter specific information such as their birthdate and a secret
question with an answer. Select staff would review the registrations daily to monitor any
anomalies. Registrations are only approved by select staff. Once approved, the elector
would receive their unique password via an encrypted password protected e-mail.
Upon receipt of the password, the elector then logs onto the election site and proceeds
to cast their ballot. The real-time Voters' List is automatically updated upon completion
of the casting of the ballot.
REPORT NO.:CLD-021-09
Page 12
5.8 Ninety-five public access computers are currently available in each of Clarington's
Library Branches. These computers will be available for those electors who may not
have ready access to a computer at home or at work and who wish to vote using the
internet.
5.9 Both the Internet and the vote tabulators would be set to reject over-voted races and to
flag under-voted races to enable the elector to correct if desired.
5.10 The contracted service providers shall provide systems and hardware that is proven
reliable and secure. At no time is anyone able to see how an elector has voted.
6.0 VOTING OPPORTUNITIES
6.1 On-line - 10 days of voting beginning October 30th through to 8:00 pm on Voting Day.
6.2 Traditional Paper Ballot - 10:00 am - 8:00 pm on Voting Day, November 8,2010.
7.0 FINANCIAL IMPLICATIONS
7.1 The total estimated costs for the recommended solution of conducting the 2010
Municipal elections using Internet Voting combined with traditional paper ballots cast at
voting locations and tabulated using poll count tabulators is estimated at a total cost of
$225,000. These costs are based on estimates from potential service providers and
real costs from municipalities who deployed a similar solution in 2006.
7.2 Since the 2006 Municipal Elections, $175,000 has been transferred into the 2010
municipal election reserve. Including the 2010 transfer of $125,000 the total budget will
be $300,000.
APPENDICES
1. Voter Turnout
2. Summary: Method of Conduct of Election and Vote Counting
3. Methods of Elections for Clarington
4. Draft By-law
INTERESTED PARTIES
i Elections Ontario, Access, Integrity and Participation, Towards Responsive Electoral Processes for Ontario
ii Elections Canada, Report on the Evaluations of the 40th General Election of October 14, 2008
iii Elections Canada, Report on the Evaluations of the 40th General Election of October 14, 2008
Appendix 1
Report CLD-021-09
Voter Turnout Summary
Year Method I:li~i~l~
Electors
1991 Traditional Paper 36,032 13,983 38.8%
1994 Traditional Paper 40,193 13,543 33.69%
1997 Traditional Paper 44,980 12,595 28%
2000 Vote by Mail 49,483 20,513 41.5%
2003 Vote by Mail 53,497 18,766 35.07%
2006 Vote by Mail 57,067 22,839 40.02%
Appendix 2
. Report CLD-021-09
Summary: Method of Conduct of Election and Vote Counting
Paper Ballot with Manual Count
Pros Cons Comments
Traditional voting - ballot marked in the space to the right of Electors must go to the voting location to cast votes A manual count may not provide an accurate count -
the name and placed into a ballot box Labour intensive - additional election day workers - subjective
All ballots counted at one location additional volume of voting locations, therefore more Late election night results
Audit trail support staff election night Both voting and counting process may be scrutinized
Ballots cannot be counted until 8 p.m. election day Is becoming more difficult to hire and train qualified
therefore final results may be late - slow returns election day staff
Votes counted by hand, therefore accuracy may be
questioned
Specific training of election workers on counting of
ballots
Optical Scan - Central Count Tabulators
Pros Cons Comments
Accurate results- eliminates manual counting Electors must go to the voting location to cast votes Election process to elector is similar to paper ballot with
Election process at the voting locations may be scrutinized - Uncounted ballots are transported to a central manual count system
not the counting except for the duplication process (re-mark counting location Available for either purchase or lease
of ballots) Secrecy folders are provided to the elector for privacy of
Fewer voting locations and election workers More labour intensive than voting count system but the vote
less than a paper ballot system
Earlier election night results as compared to manual Results are not available at the voting for the
tabulation candidate/scrutineer
Audit trail- paper ballot Require space to store machines
Similar to traditional voting - ballot marked in the space to Election day - a large secure space is required to
the right of the name and placed into a ballot box tabulate ballots and to accommodate election staff,
All ballots counted at one location ballots and scrutineers
Appendix 2
Report CLD-021-09
Summary: Method of Conduct of Election and Vote Counting
Pros
Optical Scan - Voting Location Tabulators
Accurate results- eliminates manual counting
Election process at the voting locations may be scrutinized -
not the counting
Voting location results can be printed for scrutineers
Fewer voting locations and election workers
Early election night results
System can be programmed to tell the elector that he/she
has over voted, under voted, or cast a blank ballot and they
have the opportunity to re-mark a new ballot, therefore, no
spoiled ballots
Audit trail - paper ballot
Similar to traditional votinQ
Cons
Electors must go to the voting location to cast votes
Require space to store and prepare the equipment for
election day
Comments
Purchasing and Leasing options available
Secrecy folders are provided to the elector for privacy of
the vote
If Tabulator becomes inoperable (votes cast are stored in
memory)... voters will deposit ballot in secondary ballot
box until tabulator is up and running, or replaced
Vote Tabulator audio ballot canavailable on all tabulators
Mail-in Balloting with Manual Count
Pros Cons Comments
Easier access Unsupervised voting An accurate voters' list and revision process must be in
Convenient Questions have been raised about the possibility of place
Voting kit being stolen and getting into another person's
Anytime, anywhere voting during the voting period hands - mail fraud Disruption in mail service could jeopardize the election
Eliminates traditional advance voting It was questioned that there is no way to scrutinize voting Potential to increase turnout
No proxies process to ensure that there was only one vote per Manual count/labour intensive and may question accuracy
Manual paper ballot counting with mark to the right of the elector Late results
name, therefore audit trail and recount process in place Ballots cannot be counted until 8 p.m. election day Includes... ballot, instructions, return envelopes and
No voting locations, therefore reduced staffing needs therefore final results are late envelope for mail out
Elector may drop off ballot to central location Votes counted by hand, therefore accuracy may be 1 sl class postage for kits and business reply for ballots
questioned returned
Longer voting period Vendor must ensure mail out, with ballot, was accurate Require program to remove names from the list as return
Audit trail- provision for recount and that the return ballots are received through system envelopes are received
on time (election day) Advised to communicate with Canada Post to discuss
Labour intensive for opening, sorting and counting timely delivery of envelopes
Role of candidates/scrutineers change More involvement from scrutineers
Kits produced bv election system provider.
Appendix 2
Report CLD-021-09
Summary: Method of Conduct of Election and Vote Counting
Mail-in Balloting with Optical Scan Tabulating
Pros Cons Comments
Accurate count Unsupervised voting An accurate voters' list and revision process must be in
No voting locations, therefore reduced staffing needs Questions have been raised about the possibility of place
Elector may drop off ballot to central Voting kit being stolen and getting into another person's Disruption in mail service could jeopardize the election
location hand - mail fraud Potential to increase voter turnout
Anytime, anywhere voting during the voting period Role of candidates/scrutineers change Kits sent by 1 st class mail and business reply for ballots
Eliminates traditional advance voting The vendor must ensure mail out, with ballot, was returned
accurate and that the return ballots are received through Advised to communicate with Canada Post to discuss timely
No proxies system on time (election day) delivery of envelopes
Audit trail/provision for recount The ballot must be marked with a pen/pencil that the Require program to remove names from the list as return
Feed ballots into machines as they are received during the tabulator will read envelopes are received
election period - tabulation in central location, but no totals Accurate early election night results
Results within 10 to 20 minutes on election day after 8p.m. Consider receiving locations on election day
Kits produced by election system provider
More involvement from scrutineers
Internet Voting
Pros Cons Comments
Accurate count System may be perceived as vulnerable to hackers and Access to computers must be considered
No voting locations, therefore reduced staffing needs additional due diligence related to the technology may be If voters' list is networked at the voting subdivisions, internet
Easier access required could be used right up to and including election day
Convenient - vote at home, business or out of country Unsupervised voting List must be accurate
Anytime, anywhere voting during the voting period Voter card may be stolen and get into another person's Make sure system is safe from hackers
May eliminate traditional advance voting hands - two step process reduces risk (mail fraud) Provide alternate locations for electors to vote (I.e. libraries,
Review process required to ensure that there was only community centres)
No proxies one vote per elector Potential to increase Voter tumout
Immediate results on election day after 8p.m. Roles of the candidates/scrutineers changes
No over votes Not everybody will be able to vote over the Internet
When voting on internet an elector can see the names of the because of speed and computer security - some may
candidates have to upload current versions of software {usually
Audit trail (images of ballots can be produced) offered via link on vendor websjte) to use internet voting
Provision for recount
No subiectivitv relatina to count/recount
Appendix 2
Report CLD-021-09
Summary: Method of Conduct of Election and Vote Counting
Telephone Voting
Pros Cons Comments
Accurate count System may be perceived as vulnerable to hackers and An accurate voters' list and revision process must be in
No voting stations and therefore reduced staffing needs additional due diligence related to the technology may be place
Anytime, anywhere voting during the voting period required Must be safe from hackers
Eliminates traditional advance voting Unsupervised voting
No proxies Voter card maybe stolen and get into another person's
hand (mail fraud)
Results within 10 to 20 minutes on election day after 8p.m. Long distance charges- (1-800) number
No subjectivity related to count/recount No way to scrutinize voting process to ensure that there
was only one vote per elector
Average time to vote approx 8 to 10 min based on size of
ballot
Last minute voting may jam lines
Roles of the candidates/scrutineers chanQes
Combined Internet and Telephone Voting
Pros Cons Comments
Accurate count System may be perceived as vulnerable to hackers Access to computers must be considered
No voting stations and therefore reduced staffing needs and additional due diligence related to the technology Present provider does not know if this system can be
Easier access may be required supported in a large municipality
Convenient - vote at home, business or out of country Unsupervised voting An accurate voters' list and revision process must be in
Anytime, anywhere voting during the voting period Voter card may be stolen and get into another place
person's hands Must use a long distance provider
Eliminates traditional advance voting Long distance charges (1-800) number If voters' list is networked at the voting subdivisions, internet
No proxies No way to scrutinize voting process to ensure that could be used right up to and including election day
Results within 10 to 20 minutes on election day after 8p.m. there was only one vote per elector Provide alternate locations for electors to vote (i.e. libraries,
When voting on internet an elector can see the names of the Average time to vote by phone is approx 8 to 10 min community centres)
candidates based on size of ballot
No over votes Last minute voting may jam lines
No subjectivity related to count/recount Roles of the candidate/scrutineers chanQe
Summary:
Appendix 2
. Report CLD-021-09
Method of Conduct of Election and Vote Counting
T ouch Screen
Pros Cons
Comments
Provide an accurate count Very costly to provide enough screens to eliminate Costly - require enough machines to eliminate potential
System does not allow for over votes (rejected ballots) voting line-ups line ups
Provides for an audio ballot for visually impaired electors to No recount process/no audit-no paper trail (a paper Set up of the voting location must be considered to
vote without assistance trail is available but could be onerous - although not reduce glare on screen and also the potential for others
Early election night results really different from any other recount process) to view the screen through mirrors, windows etc
More involvement from scrutineers during the day ~eed to have backup machine or other voting options Be sure to conduct a voter awareness campaign as well
No ballots required If the machine becomes inoperable as pre-voting demonstrations on how to use the
Election results are available to the scrutineers at the voting Electors may leave the voting screen before casting equipment
locations the vote (system dependent)
Reduce the number of election staff Requires additional pre-voting day preparations
May increase convenience for electors if it is combined with May generate negative media attention, potentially
an ability to vote at any location, any time discouraging voters
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Vote Tabulators
Summar of a roach:
Very similar to traditional paper and manual count system in that:
· The ballots are paper
· Voting locations are arranged throughout the Municipality
· Voting location staff are hired and trained
· A voter's list is maintained at the voting location (paper or electronic)
· Electors attend voting location to cast vote
· Electors vote in a private voting compartment
· Completed ballots are deposited into the ballot box
· Votes tabulated at the voting location and then combined for cumulative results
Staffin re
Poll staff
Office staff
Can be done manually with paper lists, pen and ruler or electronically via the web.
Some systems are designed to allow for electronically communicating back to MPAC
followin the elections to streamline our Ie islated obli ations.
Accessibilit Accommodations:
This solution offers the opportunity to use audio ballots, magnifying sheets, and several
assistive tools such as sip 'n puff for mobility impaired electors.
It does however, require the elector to attend a voting location.
Ward I Poll im lications
We currentl do not have votin subdivisions. The would have to be created.
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Vote Tabulators
on Voter turnout.
$35,000
$8,000
$35,000
$10,000
$22,000
$6,000
$63,000
$17,000
$4,000
$1,000
$192,000
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Mail-in Ballot with Central Count Tabulators
Summar of a roach:
An unsupervised voting process where electors are mailed a voting kit which includes
instructions, declaration form, ballot and ballot return envelope.
Electors are voting on a ballot similar to traditional voting processes.
Municipality of Clarington has voted in the past three municipal elections using the Vote
b Mail rocess.
Staffin re uirements:
Poll staff None
Office staff During ballot return period prior to election day:
Between 1 and 12
Election da 25 Ius Clerk's De t. staff
E ui ment re uirements:
Number of tabulators
2 units
count seed from 4000-5000/hr er machine
List Mana ement Re uirements:
System is necessary to manage list of electors to add, remove, edit the entries on the
list. This system would also be used to manage the names of those electors who voted.
Some systems are designed to enable us to electronically communicate back to MPAC
followin the elections to streamline our Ie islated obli ations.
Accessibili Accommodations:
Provides for electors to cast their ballot from the comfort of their home. Electors with
visual impairments may use existing tools they may already use or may seek assistance
from a trusted friend or family member. Mobility impaired electors may require
assistance to mail their ballot.
Ward I Poll im lications
No chan es re uired.
Elector Impact
e . Familiari , learn in curve, trustworth , etc.
Clarington electors have been using vote by mail for the past three municipal elections,
however there have been provincial and federal elections conducted in between those.
Some electors are confused with the change in process, while others question why they
are not all conducted b vote b mail.
Historical Voter Turnout with Votin Method
2000 - 41.5%
2003 - 35.07%
2006 - 40.02%
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Mail-in Ballot with Central Count Tabulators
Recount method Central count tabulator
Trainin re uirements
. 1 hour for scanning operators
. % hour on the job for election day
· 4 hours for staff assigned to work on election day at the on-site voting location
Public Relations I marketin
Same, more or less, as 2006
No increase in costs ex ected
Votin Dates
VBM kits mailed Oct 18
Voting October 18 - November 8th
N/A
$8,000
$2,000
$65,000
$45,000
$6,000
$64,000
$12,000
N/A
N/A
$202,000
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Internet & Telephone Ballot Combined
Summar of a roach:
An unsupervised voting process where electors vote from anywhere at any time during
the voting period through either the telephone or the internet. A secure system,
supplied by an external service provider to conduct the vote. A mail-out is sent to every
elector providing notification of the election, explaining their voting options and dates,
and providing them with a secret PIN number. Using the PIN number the elector casts
their ballot either through the internet or telephone. The systems provide for a
transparent audit trail of voting activities while maintaining secrecy of how each elector
voter. Results are tabulated through the system. There are no paper ballots with this
method of election.
Electors who do not have easy access to the internet at home could take advantage of
the internet access at each of our Libra branches.
Staffin re uirements:
Poll staff none
Office staff 2-3 hel desk staff
E ui ment re uirements:
Service contract for the vote b internet and vote b
List Mana ement Re uirements:
Some suppliers include a voters' list management software component in their service
solution while others have proven experience in combining their InternetfTelephone
solution with the List Mana ement solution.
Accessibilit Accommodations:
Electors can vote in the comfort of their own home using familiar and in some cases
specialized tools that meet their unique needs. Public access computers and/or
telephones may be used by electors who would not otherwise have access. Electors
who are out of area can convenientl vote.
Ward I Poll im Iications
No chan es re uired.
Elector Impact
e . Familiarit , learnin curve, trustworth , etc.
While voting by the internet and telephone would be new for our Clarington electors,
unsupervised voting is not. For the past three municipal elections, our voters have
received a mailing in order to cast their ballot. Some electors may have a lack of trust in
castin a ballot on-line or over the hone.
Historical Voter Turnout with Votin Method
None available for Clarington
Munici alities re ort from 2006 elections voter turnout ran in between 53% - 62%
Recount method re-calculation of electronic results
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Internet & Telephone Ballot Combined
Trainin re uirements
· Training of Clerk's staff by service provider
· 3 hour trainin of hel desk staff
Public Relations I marketin
A very significant public relations campaign would have to be launched. This would
include newspapers, unaddressed ad mail, "in community" demonstrations and on-line
demonstrations. Staff would arrange to set up demos at service club meetings, open
houses, libra branches, and communit centres.
VotinDates
Voting begins November 1s and continues through to 8:00 pm on November 8 .
Budget Estimates -$2.00 per eligible voter $1.00 per eligible voter for mail-out
costs
Election Officials votin locations
Temporary support staff (Clerk's office)
Clerk I start rate x 3 staff x 16 da s
Dedicated Tele hone line and sets 3 x $500
Election Supplies (pens, boxes, tape, etc)
N/A
$7,000
$3,000
$2,000
Printing & Reproduction (ballots, voters' lists, forms)
Forms
Postage (voter notification cards)
estimate $1 / eli ible electors +10%
Advertisin
Vote tabulatin e ui ment hardware/software
Contracted Service Costs a rox. $2/elector
List management software (may not be required
de endin on vendor
Voter Notification production
included in contracted service costs above
Votin Location rentals
Total
$1,000
$66,000
$6,000
N/A
$125,000
$9,600
$5,000
N/A
$221,600
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators Combined with
Re uested Mail-in Ballots
Summa of a roach:
This approach provides for a traditional paper ballot. Electors are provided a choice to
either attend a voting location to cast their ballot or upon written request they may
receive their ballot by mail and cast their ballot by mail. This approach is commonly
used throughout the United States (referred to as absentee voting) and has recently
been used by Elections Canada (referred to as Special Ballots - National Electors).
This approach reduces the volume of "unsupervised voting", provides for signature
verification, and allows for identification verification.
Staffin re uirements:
Poll staff Approximately 135 (on average 6 per voting locations plus roving
su ervisors
Office staff 1
Election day - approximately 25 municipal staff starting at 6:00 pm. For
1 hour on the job training. Includes Clerk's Dept. staff and other
munici al staff
Equi ment re uirements:
Number of tabulators
20-24 units
A roximatel 1 vote tabulator er eve 3500 eli ible electors
List Mana ement Re uirements:
System is necessary to manage list of electors to add, remove, edit the entries on the
list. This system would also be used to manage the names of those electors who voted.
Some systems are designed to enable us to electronically communicate back to MPAC
followin the elections to streamline our Ie islated obli ations.
Accessibili Accommodations:
This solution offers the opportunity to use audio ballots, magnifying sheets, and several
assistive tools such as sip 'n puff for mobility impaired electors at the voting locations.
As well, electors who will be unable to attend a poll on voting day could, upon written
request, receive their ballot b mail and cast their ballot b mail.
Ward J Poll im Iications
We currentl do not have votin subdivisions. The would have to be created.
Elector Impact
e . Familiarit ,Iearnin curve, trustworth ,etc.
New to our electors as the process is not similar to any other election methods used by
the Municipality, Province, or Federal. The use of vote counting equipment will only
create a visual change at the voting locations.
Availabilit of equi ment for accessibilit accommodations will onl create a ositive
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators Combined with
Re uested Mail-in Ballots
im act for our electors with s ecial needs.
Historical Voter Turnout with Votin Method
No statistics available. However, the opportunity to request a mail-in ballot would
parallel the traditional Proxy voting process and as such it is anticipated that the
provision for a requested mail-in ballot would have minimal impact, if any, on the voter
turnout. .
Recount method Technicall the results re ort would sim I be re-run
Trainin re uirements
. The help desk staff would have to be trained on the steps of the process
. 4 hour session for voting location staff
. 6 hour session for roving supervisors
· 5 hours for voting location staff responsible for specialized equipment for electors
with special needs
. 1 hour election night for receivers, transporters, auditors/balancing assistants
. 1 hour for scanning operators
. % hour on the job for election day
· 4 hours for staff assi ned to work on election da at the on-site votin location
Public Relations I marketin
Different ads than in 2006. No increase in costs anticipated in fact there may be an
opportunity for cost sharing with neighbouring municipalities because of consistent
dates for voting. An increase in public awareness would definitely be required.
Advertising for the method of election would be key to the success of the process.
Which could include: print media, radio, as well as demos in the community such as
clubs, COM, communit centers and 0 en houses.
VotinDates
Advance Voting at the Voting Locations: October 30 and November 3r
Voting Day at the Voting Locations: November 8, 2010
Mail-in Ballots: mail-out Oct 18th and returned ballots acce ted to 8:00 m.
Bud et Estimates
Election Officials votin locations
T em ora su ort staff Clerk's office
Election Su lies ens, boxes, ta e, etc
Printin & Re roduction ballots, voters' lists, forms
Posta e voter notification cards + Mail out and In
Advertisin
Vote tabulatin e ui ment hardware/software
List mana ement software
Voter Notification roduction
Votin Location rentals
$35,000
$8,000
$35,000
$10,000
$28,000
$6,000
$63,000
$12,000
$4,000
$1,000
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators Combined with
ReQuested Mail-in Ballots
Total 1$193,000
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators combined with
Internet
Summar of a roach:
This approach provides for a traditional paper ballot. Electors are provided a choice to
either attend a voting location to cast their ballot or cast their ballot by internet. This
approach was commonly used throughout Ontario in the 2006 municipal elections. This
approach provides a solution which has proven to be well received by electors of all
ages and background. Those electors who do not have a comfort level with the internet
may still vote in a traditional manner, while electors who prefer to vote from home or
work may do so through the internet. Based on feedback from other municipalities it is
antici ated that u to 40% of the electors take advanta e of the internet votin 0 tion.
Staffin re uirements:
Poll staff A rox 75 on avera e - 6 er location + rovin
Office staff 1 15 on election da + 3 hel lines
E ui ment re uirements:
Number of tabulators
12 units
(Approximately 1 vote tabulator per every 3500 eligible electors)
PCs / Laptops to be used to access the real-time voters list (approximately 4 per
location but will de end on the facilities established as votin locations
List Mana ement Re uirements:
System is necessary to manage list of electors to add, remove, and edit the entries on
the list. This system would also be used to manage the names of those electors who
voted.
Some systems are designed to allow for electronically communicating back to MPAC
following the elections to streamline our legislated obligations.
Some suppliers include a voters' list management software component in their service
solution while others have proven experience in combining their InternetfTelephone
solution with the List Mana ement solution.
Accessibili Accommodations:
Electors can vote in the comfort of their own home using familiar and in some cases
specialized tools that meet their unique needs. Public access computers and/or
telephones may be used by electors who would not otherwise have access. Electors
who are out of area can conveniently vote. Electors who are not comfortable with the
technology have the option to cast a traditional paper ballot at the voting location.
Ward I Poll im Iications
Not required. With the integration of the traditional paper ballot process with the internet
process the real-time voters' list management is critical. This therefore enables electors
to vote at an votin location within the ward.
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators combined with
Internet
Elector Impact
e . Familiarit ,Iearnin curve, trustworth ,etc.
While voting by the internet would be new for our Clarington electors, unsupervised
voting is not. For the past three municipal elections, our voters have received a mailing
in order to cast their ballot. Some electors may have a lack of trust in casting a ballot
over the internet and therefore they could still attend the voting location to cast a
traditional a er ballot.
Historical Voter Turnout with Votin Method
No statistics for Clarington. However City of Peterborough voter turnout in 2006 using
this combined method was 49.5%. Town of Cobourg voter turnout in 2006 using this
combined method was 45% u from 39%.
Recount method Poll count tabulator
Trainin re uirements
· Training of Clerk's staff by service provider
· 3 hour training of helpdesk staff
· 4 hour session for voting location staff
· 6 hour session for roving supervisors
· 5 hours for voting location staff responsible for specialized equipment for electors
with special needs
· 1 hour election ni ht for receivers, trans orters, auditors/balancin assistants
Public Relations I marketin
A very significant public relations campaign would have to be launched. This would
include newspapers, unaddressed ad mail, "in community" demonstrations and on-line
demonstrations. Staff would arrange to set up demos at service club meetings, open
houses, Iibra branches, and communit centres
Votin Dates
Advance Voting: voting begins October 30th and continues through to 8:00 pm on
November 8th.
Bud et Estimates
Election Officials votin locations
Tem ora su ort staff Clerk's office
Election Su lies ens, boxes, ta e, etc
Printin & Re roduction ballots, voters' lists, forms
Posta e voter notification cards
Advertisin
Vote tabulating equipment
hardware/software/lnternet services
$16,875
$7,000
$22,000
$7,000
$35,000
$6,000
$86,000
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators combined with
Internet
List manaqement software $12,000
Votinq Location rentals $1,000
PC/Laptop Rentals $5,000
Domain $1000
Total $198,875
Appendix 4
Report CLD-021-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009-
Being a By-law to repeal By-law 2006-107 and to authorize
the use of internet voting combined with traditional paper
ballot voting at designated voting places and the use of
automated vote counting equipment for the tabulation of
ballots
WHEREAS Section 42 of the Municipal Elections Act, 1996, as amended, provides
that a municipal council may pass a by-law authorizing an alternative voting method
including internet voting;
AND WHEREAS Section 42 of the Municipal Elections Act, 1996, as amended
provides that the council of a municipality may, by by-law, authorize the use of
automated vote counting equipment for the purpose of counting votes at the
municipal elections;
AND WHEREAS Accessibility Standards for Customer Service, Regulation 429/07
requires the municipality to ensure that our election services include respect and
dignity to our electors and our processes should provide all electors equal opportunity
and allow for assistive devices which take into account the electors' disabilities;
AND WHEREAS council deems it appropriate and in the public interest to conduct
the municipal elections using a combined internet and traditional paper ballot method
and to use automated vote counting equipment for the purpose of counting votes;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS:
1. THAT the municipal elections be conducted using a combined voting method
of Internet voting and traditional paper ballot; and
2. THAT automated vote counting equipment be used for the purpose of counting
votes.
By-Law read a first, second, and third time this 13th day of October, 2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Unfinished Business #2
Excerpt of Special Council Minutes - October 13, 2009
Resolution #C-594-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT Report CLD-022-09 be received;
THAT election sign regulations continue as per the current by-law; and
THAT staff report back on sight lines to ensure that safety issues are addressed.
"TABLED"
(see following motion)
Resolution #C-595-09
Moved by Councillor Woo, seconded by Councillor Novak
THAT the foregoing Resolution #C-594-09 be tabled until the next meeting of Council.
"CARRIED ON THE FOLLOWING
RECORDED VOTE";.
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster -..j
Councillor Hooper -..j
Councillor Novak .,j
Councillor Robinson -..j
Councillor Trim -..j
Councillor Woo -..j
Mayor Abernethy ~
Staff Report # 2
,C[![-!lJgtnn
REPORT
CLERK'S DEPARTMENT
Meeting:
COUNCIL
R.e.so/u-hoYl .* C - 594 -od
C - SC')5-D I
Date: Tuesday, October 13, 2009
Report #: CLD-022-09
File #:
By-law #:
Subject:
PROPOSED ELECTION SIGN BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1 . THAT Report CLD-022-09 be received;
2. THAT Council approve in principle the proposed Sign By-law regulations pertaining to
elections signs as detailed in Report CLD-022-09;
3. THAT, upon final review of the municipal Solicitor, the appropriate by-law be forwarded to
Council for approval, and
4. THAT the interested parties listed in Report CLD-022-09 be advised of Council's action.
Submitted b)(, { 1-vcC-:f.~~
r'h Patti L. Barrie, CMO
Municipal Clerk
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. () l'c:.~t,~ ~ i....~l(.
ReViewed by:---'
Franklin Wu,
Chief Administrative Officer
PLB/LC
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: CLD-022-09
PAGE 2
1. BACKGROUND
During the last municipal election staff received numerous complaints from citizens and
candidates about the visual effect of allowing unrestricted sign placement on municipal
property and road allowances. At that time staff identified the need for a new Sign By-law
and work began to review, consult and seek public input.
In June 2009 Council passed Resolution #C-339-09 requiring "THA T the Municipal Clerk
be directed to arrange for and schedule a Special Meeting of Council for the purpose of
educating Members of Council on the methods of conducting the 2010 Municipal
Elections under consideration, including signage."
In developing the by-law staff had occasion to review the comments from the Public
Information Sessions that were held prior to the enactment of the Municipal Sign By-law.
Staff have also taken part in discussions with the Region of Durham and all the
Municipalities in the Region to try to harmonize the enforcement of elections signs across
Durham. Some of the suggestions from those meetings have been incorporated into the
proposed by-law.
2. WHAT IS COVERED
The proposed by-law extends to any form of signage used for promoting a candidate or a
position on a question or by-law in an election. The by-law does not cover items which
are mailed out or distributed by hand to an individual, only those things posted or
displayed. The size of the permitted signs does not vary greatly from the Sign By-law
restrictions which were in force during the last Municipal Election.
In other jurisdictions there have been successful Charter challenges where signs have
been totally banned. The courts have held that while the signs cannot be totally banned
from public property they can be regulated and restricted. Staff have also heard from
individuals and two federal political parties requesting a relaxed approach to sign
placement to ensure that lesser known parties or positions have an opportunity to "get
their message out". This request must be balanced against the needs of the Municipality
REPORT NO.: CLD-022-09
PAGE 3
to control visual distractions for drivers safety and reduce the clutter which often results
from unrestricted sign placement.
The proposed by-law will prohibit the placement of any election signs only on roadsides or
any road allowance which is under Municipal jurisdiction. The Region has indicated that it
is their intent to continue to allow election signs on Regional Roads. By restricting the
signs to Regional Roads, the level of congestion will be greatly decreased but should still
provide sufficient opportunity for candidates to promote their campaign. .
In previous elections, staff have received complaints about candidate signs being placed
in front of the home of someone who supports another candidate or party. The proposed
by-law will require that the occupant of the dwelling unit must agree to the sign on his or
her property. If there is no agreement between these parties, the sign may be removed
by the Municipality at the candidate's cost.
Vehicle wraps are a relatively new form of advertising which are also covered in this
proposed by-law along with other forms of Vehicle Election Signs. Section 48 of the
Municipal Elections Act, 1996, prevents anyone from attempting directly or indirectly
influencing an elector and prohibits the display of election campaign material or literature
in a voting place. As the Municipal Administrative Centre has been used as a voting
place during municipal elections, and will continue to operate at the Election
Headquarters the proposed by-law will prohibit the parking or placing of any vehicle
displaying a Vehicle Election Sign within a one block radius of the Municipal
Administrative Centre at 40 Temperance Street Bowmanville, on the Voting Day or on any
Advance Voting Day of a Municipal Election or on the property of any Voting Place on the
Voting Day or on any Advance Voting Day of a federal or provincial election. Any
vehicles found in contravention of this restriction will be towed at the owner's expense.
Candidates and those registered persons seeking to influence another person to vote for
or against any question or by-law submitted to the electors may have campaign offices.
The proposed by-law will allow for signs to be erected on or at the offices once a
REPORT NO.: CLD-022-09
PAGE 4
municipal candidate has filed his or her nomination papers or registered as an agent for a
question to be placed before the electors. Any Campaign Office sign will have to comply
with all the provisions of Sign By-law 2009-123 including Permits where necessary.
Signs identifying the candidate's campaign office may only specify the candidate's name,
the office they are seeking or the registered position on a question or by-law and any
other contact information the candidate wishes to include. In the case of a federal or
provincial Election, the sign may include the candidate's political affiliation.
For ease of reference a Table has been attached to this By-law (Attachment 1 )which
highlights the primary principles of the proposed by-law.
3. TIMING
The proposed by-law prohibits the placing of any Election Signs more than forty-five days
prior to any Advanced Voting opportunity. Phasing the restriction provides flexibility in
that it allows a uniform period regardless of the method of voting. Should the Municipality
change its method of voting, the forty-five day limit would still be valid. For federal and
provincial elections the proposed by-law allows that election signs may be posted once
the writ has been issued.
Currently, all election signs must be removed within 48 hours after Voting Day. The
proposed by-law will extend that time to three days after Voting Day. Any signs not
removed within that timeframe may be removed by the Municipality and will be subject the
same costs as for illegally placed signs.
4. FEES
The proposed by-law requires that all candidates in a federal or provincial election will be
required to submit a deposit of $260 prior to posting any election signs. In the case of a
municipal election, the $260 deposit will be due when the candidate files his or her
Nomination Papers.
REPORT NO.: CLD-022-09
PAGE 5
This money will be held by the Municipality. It will be a means of defraying the cost of
removing illegally placed signs and is intended to act as an incentive to the Candidate to
adhere to the requirements of the by-law. If the number of signs removed exceeds the
deposit, then the Candidate will be charged for the extra signs. Any money remaining
from the deposit will be returned to the candidate, without interest, within 60 days
following Voting Day.
Where the Operations Department has had to act to remove a sign on the Municipality's
behalf, the actual cost of the removal can also be billed to the Candidate at the current
rate as established by the Operations Department for sign removal.
A fee of $20 is in line with the practice of the City of Barrie and is lower than the actual
cost of removal. The intent is not to severely punish the Candidate for possible errors by
his or her campaign workers but rather to place a value on the placement of the signs and
therefore an incentive to ensure that the Candidates and their workers comply with the
by-law. It is anticipated that the Candidate's staff will keep a close watch on the actions
of their campaign workers in order to keep the costs as low as possible.
5. CONCLUSION
Discussions with the Region of Durham are ongoing and there may be more changes in
the Region's approach to the issue in the near future. Based on discussions to date the
proposals are in line with the by-laws and proposals of the other Municipalities within the
Region.
The proposed by-law will be a dramatic departure from previous practice. It will greatly
reduce the visual and physical pollution of the road allowances which was experienced
during the last municipal election. It addresses the concerns which were raised by
residents during the public meetings while providing a fair opportunity for all candidates to
promote their campaign.
REPORT NO.: CLD-022-09
PAGE 6
It is respectfully recommended that the attached by-law be endorsed in principle and
forwarded to the Municipal Solicitor for his review and comment.
Attachments:
Principles of Proposed By-law
Interested Parties:
Judy Climenhage
Dave Daidson
Marion Manders
Elva Reid
Sue Wiegan
The Green Party of Canada
The Christian Heritage Party
REPORT NO.: CLD-022-09
PAGE 7
Principles of Proposed Bv-Iaw
Definitions
The definitions within the proposed by-law will expand upon those listed in the current Sign By-
law by adding specific definitions for Campaign office, election signs and what will be considered
to be an Election Sign, Voting Day and Voting Place.
General
The general provisions will speak to the prohibition on attaching election signs on trees on public
property, the use of flashing or rotating lights and any form of illumination which may simulate or
interfere with any traffic control device. The use of the Municipality of Clarington's logo, crest
and seal are prohibited. In order to ensure fire safety election signs will not be permitted within 1
metre of a fire exit, fire escape or a fire hydrant.
The size of the election signs will mirror those requirements set out in the current Sign By-law
2009-123. In addition to these requirements, the Candidate will be responsible for the
appearance of hi or her signs and must maintain them in good order and clean condition.
Signs of Public Property
Signs will not be permitted in any Public Park of any Public Property owned by the Municipality.
Signs will also not be permitted on any road allowance or highway under the jurisdiction of the
Municipality. Signs will not be allowed on any traffic control signs or sign structures. Safety
concerns for proper visibility at intersections will mean that signs will not be allowed within the
Visibility Triangles at intersections.
Election Signs will be permitted on public utility poles, in accordance with the rulings of the
Ontario courts, provided they do not form a visibility hazard.
Signs will also be permitted on all Regional and Provincial roads and the Region's and the
Province's rules shall apply.
REPORT NO.: CLD-022-09
PAGE 8
Signs on Private Property
The placement of signs on private property will be left to the discretion of the owners and
occupants of the property. The Municipality will not restrict their freedom of expression. Signs
will not however be allowed on the exterior side of fences.
Prohibited Locations
Vehicle Election signs will not be permitted within a one block radius of the Municipal
Administration Centre at 40 Temperance Street or any other Voting Place on any Voting Day.
This is in accordance with the principle that the voter has the right to be unimpeded and unduly
influenced he or she proceeds to vote.
Campaign Offices
Campaign Office signs may be erected once a candidate has filed his or her nomination papers.
The Office sign will identify the Candidate by name, the office they are running for or their
registered position of a question or by-law and any contact information. In the case of a federal
or provincial election the Office sign may also list their party affiliation. Since size and location
details for wall signs and identification signs vary across the Municipality, in all cases the
particular characteristics of the sign will be governed by the Municipal Sign By-law.
Timing
So as not to tie or restrict the sign provisions to any particular method of conducting a vote, the
by-law proposes that signs not be erected until 45 days prior to the first Advanced Voting
opportunity in the case of a municipal election. For federal and provincial elections the earliest
permitted date is the day that the writ of election is issued. In all cases all election signs will
have to be removed no later than three days following Voting day.
Deposits and Penalties
Each candidate will be required to submit an Administrative Fee Deposit of $260.00. This will be
held until 60 days after the election. Any time a Candidate's sign has to be removed for failure
to comply with the provisions of the By-law an Administration Fee of $20 will be charged against
the Candidate.
REPORT NO.: CLD-022-09
PAGE 9
Once removed the signs will be held for up to 30 days during which time the candidate may
retrieve them from the Operations Department. The Candidate will be liable for any all damage
caused by the placement or removal of his or her signs. If the signs are not retrieved within the
30 day period they will be destroyed with no compensation to the Candidate..
60 days after the election, the Administrative Fee Deposit will be returned without interest less
any monies previously deducted. The Candidate will also be separately liable for the cost of any
Operations Department equipment required to remove an illegal sign.
Failure to comply with the provisions of the by-law could result in charges laid against the
Candidate, their agent or both.
The maximum penalty would be a fine not in excess of $5,000.
UNFINISHED BUSINESS #3
ClillmglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, September 14, 2009
; .
\ \
Report #: Addendum 1 to
PSD-067 -09
File #'8: COPA 2005-008, By-raw #:
PLN 31.5.10, ZBA 2005-042,
ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004
Subject:
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
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following: '
1. THAT Addendum 1 to report PSD-067-09 be received;
2. THAT report PSD-067 -09 be tabled until the October 19th meeting of the General
Purpose and Administration Committee; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
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Submitted by. z~~... .~. I ,I '"
Davl J. Crome, MCIP, RPP
Director of Planning Services
C~ r~ '- ' -/. IJ
Reviewed by:,) /t.J-....v '~J '/t~'L
Franklin Wu,
Chief Administrative Officer
DJC
10 September 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: Addendum to PSD-067-09
PAGE 2
1. At the meeting held on June 29, 2009, Council tabled report PSD-067-09 to September
14, 2009. The report recommended that the Municipality take the position that the
Neighbourhood Design Plan and the related development applications must incorporate
"a restored, naturalized northerly tributary of the Foster Creek within the Newcastle
Village North Neighbourhood".
2. Staff of the Municipality and the Ganaraska Region Conservation Authority
subsequently met with the Smooth Run Developments Inc. and Brookfield Homes
Limited to clarify the possibilities for day-lighting and incorporating a naturalized and
restored tributary into the subdivision plan. It is my understanding that the developer's
engineers are reviewing this matter.
3. At the same meeting, we were advised that the priority for the Metrus Developments
(Smooth Run) was the completion and approval of their Brookhill plan of subdivision in
Bowmanville. Subsequently, the focus of the efforts on behalf of Metrus Developments
has been on resolving the outstanding issues related to the Bowmanville subdivision
application, including the external services and the joint development arrangements with
other developers in the neighbourhood. As a result no further meetings have been held
with respect to the Village North project.
4. The Ontario Municipal Board held a pre-hearing conference on the Village North
applications on August 4, 2009. The Board has set a timetable for the appeals of the
Village North development proposals as follows:
. Pre-Hearing Conference on October 30,2009
. Hearing commencing February 5, 2010
5. In recognition of the efforts to prioritize the Bowmanville development applications, it is
recommended that report PSD-067 -09 be further tabled until to the October 19th
meeting of the General Purpose and Administration Committee. This recommendation
is supported by the developers.
List of interested parties to be notified of Council's decision:
Bryce Jordan, Sernas Associates
Smooth Run Developments
Brookfield Homes (Ontario) Limited
Hugh Allin
Steve Wilson
Cory Geddes
Robert Macdonald
Robert F assen
Helen Jones
Rev. Robert Brouwer
Ganaraska Region Conservation Authority
Robert Craunstown.
Jerry Reffosco
Joanne Raymond
Steve Holliday
Doug Rombough
~pn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
() I -::/./, ~",} ilJ /7 . .-'
~f:)l ;ka/O/"l ()1--/7 -- TIJ -(>)
Date:
Monday, June 22, 2009
Report #: PSD-067 -09
File #'s: COPA 2005-008, By-law #:
PLN 31.5.10, ZBA 2005-042,
ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004
Subject:
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
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-067-09 be received;
2. THAT the Municipality advise Smooth Run Developments Inc. and Brookfield Homes
(Ontario) Limited that it is the Municipality's position that the North Village
Neighbourhood Design Plan and the related official plan amendment and development
applications must incorporate a restored and naturalized northerly tributary of the Foster
Creek within the Newcastle Village North Neighbourhood; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1
Submitted by:
Reviewed by: I
1-"-::"'-, of"~ (
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(OJ .)\.\
Franklin Wu,
Chief Administrative Officer
CS/CP/DJC/df
18 June 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-067-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owners:
Smooth Run Developments Inc. (Metrus Developments Inc.)
Brookfield Homes (Ontario) Limited
1.2 Agent:
Sernas Associates
1.3 Proposed Clarington Official Plan Amendment (May 2009):
. Amend Map E3 to increase the population of the North Village Neighbourhood
from 3,900 to 5,100 and related changes to the population table.
. Amend Table 9-2 by increasing the housing target for North Village
Neighbourhood to reflect the following:
i) 1,050 low density units to 1,275 units
ii) 250 medium density units to 420 units
iii) total from 1,350 units to 1,750 units; and
iv) amending all corresponding totals.
. By amending Section 16.9 - Special Policy Area G North Newcastle Village to,
among other things, reflect the proposal to redesignate the lands currently
designated Future Urban Residential Area for urban residential uses.
. Amend Map A-4 -"Land Use Newcastle Village Urban Area" by:
i) re-aligning Regional Road 17 (Type IB' Arterial);
ii) revising the collector road pattern;
iii) deleting a public elementary school symbol;
iv) relocating two elementary school symbols;
v) relocating two neighbourhood park symbols;
vi) relocating two medium density symbols and adding three more medium
density symbols; and
vii) deleting the "Future Urban Residential" designation within Special Policy
Area G.
. Amend Map B4 -"Transportation - Newcastle Village Urban Area" by realigning
Regional Road 17 (Type IB' Arterial) and revising the collector road pattern.
1.4 Draft Plans of Subdivision (May 2009):
. Smooth Run Developments: 737unit residential Plan of Subdivision consisting
of 304 single detached dwellings, 323 semi/link dwellings, 110 townhouse units,
and part blocks for residential units, one (1) elementary school, (1) park block, a
parkette, two (2) stormwater management facilities and a Future Development
Block.
REPORT NO.: PSD-067-09
PAGE 3
· Brookfield Homes (Ontario) Limited: 293 unit residential Plan of Subdivision,
consisting of 120 single detached dwelling units, 93 semi/link dwellings, 80
townhouse units, and part blocks for residential units, a parkette, and a Future
Development Block.
1.5 Zoning By-law Amendments:
Change the current zoning on both properties from "Agricultural (A-1) Zone" to an
appropriate zone to permit the proposed developments.
1.6 Site Area: Smooth Run Developments
Brookfield Homes
TOTAL
73.84 hectares
34.86 hectares
108.70 hectares (269 acres)
1.7 The subject properties are located north of the Canadian Pacific Railway (St. Lawrence
and Hudson Railway), east of North Street (Regional Road 17) and Highway 35/115,
south of Concession Road 3 and west of Arthur Street, being Part Lots 27 & 28,
Concession 2, former Township of Clarke.
2.0 BACKGROUND
2.1 On August 24, 2005 Staff received an application to amend the Clarington Official Plan
submitted from Smooth Run Developments Inc. (Smooth Run), a company of Metrus
Developments Inc. and Brookfield Homes (Ontario) Limited (Brookfield). A
Neighbourhood Design Plan was also submitted by both parties.
2.2 Smooth Run and Brookfield have each submitted separate applications for draft plans of
subdivision as well as rezonings. A statutory Public Meeting was held on January 9th,
2006. The applications were referred back to staff for further processing, the completion
of the Neighbourhood Design Plan process and a Financial Impact Analysis. The
Financial Impact Study was undertaken by Hemson Consulting for the Municipality of
Clarington and included a review of these applications as well as various major
development proposals in other areas of the Municipality. The conclusions and
recommendations of the Financial Impact Analysis were presented at the General
Purpose and Administration Committee Meeting of February 25, 2008, through Report
FD- 007-08.
2.3 On May 28, 2008, both Smooth Run and Brookfield submitted revised draft plans of
subdivision and corresponding rezoning applications for only the lands in the south-west
corner of the combined overall site, where the applicants believed that servicing would
be available for approximately 250 units, referred to as Phase 1.
2.4 On July 28, 2008, a revised Official Plan Amendment was received, as well as a third
revision to the two draft plans of subdivision and rezoning applications based on the
entire site. The total number of residential units was 1,567.
REPORT NO.: PSD-067-09
PAGE 4
2.5 On August 7, 2008 the Municipality received a Notice of Appeal submitted by the
solicitor for Smooth Run and Brookfield, regarding the Official Plan Amendment,
proposed Draft Plans of Subdivision and applications for Zoning By-law amendment.
The appeals were filed under Sections 22 (7), 51 (34) and 34(11) of the Planning Act, for
the Municipality's failure to make a decision in respect of these development
applications. The appeals were the subject of Report PSD-092-08, considered by
Committee on September 8, 2008.
2.6 A second statutory Public Meeting, based on the July 28, 2008 submissions was held
on September 22, 2008. The applications were referred back to staff for further
processing and the completion of the Neighbourhood Design Plan process and
resolution of issues.
2.7 On December 10, 2008, a Prehearing Conference before the Ontario Municipal Board
was held. At that time, the Municipality and applicant's solicitor agreed to continue to
work on resolving the various issues, regarding financial impacts, phasing and
environmental concerns. A second pre-hearing conference was held on March 26th,
2009 at which time a third pre-hearing conference was set for July 9th, 2009 to establish
the issues for the actual OMB hearing. A date for the OMB hearing was also set for
October 5th, 2009 for 21 days. The re-alignment of Regional Road 17 involved the
Region, the Ministry of Transportation and the developers. It was resolved through
mediation held March 6th, 2009.
2.8 On May 6th, 2009 the proponents made a fourth submission of the plans of subdivision.
This submission is currently in circulation for comments from review agencies
(Attachment 2).
2.9 Since the appeal, there have been on-going "without prejudice" discussions with the
proponent to resolve the large number of issues related to this proposal. Given the size
of the proposed development, comprising virtually an entire neighbourhood, and given
the anticipated time to build-out, there have been numerous issues under discussion
with the applicant, involving the long term needs of various government agencies and
the Municipality. This development was also highlighted in the Study of the Financial
Impact of New Developments in Clarington. While it appears that a number of issues
might be resolved by agreement, there is an issue of central importance to the
developers and the Planning Services Department which remains at an impasse. The
purpose of this report is to refer to Council for consideration.
3.0 RESTORATION OF THE FOSTER CREEK TRIBUTARY
3.1 The subject lands are located within the Foster Creek Subwatershed. The Foster Creek
Subwatershed Planning Study was finalized in March 2001 by the consulting firms of
Gartner Lee Limited (now AECOM) and Greenland International Consulting Inc. The
study identified resource management objectives for aquatic and terrestrial habitat,
surface and groundwater functions, soil and land resources and wildlife corridors and
REPORT NO.: PSD-067-09
PAGE 5
linkages. The report identified the northerly tributary as a wetland and identified a
significant wetland/forest feature (Site 14) east of Arthur Street. It recommended,
among other things, that:
· a portion of a "buried" tributary/wetland north of the railway in the vicinity of Arthur
Street be uncovered and restored; and
· a 100 metre wide corridor be established to connect the Graham Creek and the
Foster Creek valleys.
The establishment or restoration of native trees and ground cover in the corridor will
facilitate wildlife movement and connections between significant environmental features
(Attachment 3). The subwatershed study and its recommendations were received by
Council in June 2001.
3.2 The two tributaries in the North Village neighbourhood have been severely affected by
tile drainage and farm practices over the years. In the view of the Municipality's
consultant, the tiling of the northerly tributary has been somewhat ineffective and a
meadow marsh community has developed in the depression which includes the buried
watercourse. The watercourse conveys water overland as well as through the tiles. The
alternatives that are under discussion to date are as follows:
. The Developer's Proposal:
The construction of a new bypass pipes within the road system of the subdivision to
convey the water from outside the Plan of Subdivision (east of Arthur Street) to
bypass the stormwater ponds and discharge immediately north of the railway tracks
into the existing culverts and tributaries; or
. The Staff Proposal:
To restore the northerly existing tributary appropriately designed as a functioning
naturalized corridor.
3.3 This matter has been the subject of some discussion since the applications were
submitted. The developers have provided opinions from two environmental consultants.
Stantec Consulting Ltd. and LGL Limited examined the ecological benefits of daylighting
a piped tributary in the subwatershed of Foster Creek, and the benefits of a naturalized
corridor adjacent to the CRP railway connecting the Foster Creek and Graham Creek
(See Attachments 4, 5 and 6). The proponents are proposing two large stormwater
management ponds at the south end of the neighbourhood and in their view, the ponds
would provide an east-west wildlife corridor. Our consultant's view is that this existing
configuration does not fulfill the function of a terrestrial wildlife corridor.
The developer's consultants have advised that there does not appear to be sufficient
local population of animal and bird species to warrant a 100 metre wildlife corridor. The
stormwater management feature is an adequate facility to provide east-west
conveyance of wildlife. In addition, this feature would create a road safety issue. With
respect to the daylighting of the tributary their consultants concluded it may result in
REPORT NO.: PSD-067-09
PAGE 6
deleterious impacts on the watercourse including temperature increase and sediment
load. In their opinion there is no apparent fisheries benefit. Their estimated cost of
daylighting the tributary is estimated to approach $1 million dollars.
3.4 Given the proponents continuing objection to the restoration of the tributary or to provide
an alternate proposal to meet the objectives of the Subwatershed Study and with a
Municipal Board hearing imminent, staff requested the original authors of the Foster
Creek Subwatershed Report to review the opinions provided by the applicant's
consultants (See Attachment 7).
Gartner Lee, now part of AECOM, continues to support the overriding vision in the
original report "to maintain and enhance the health and quality of the Foster Creek
Subwatershed and its ecosystem." Natural heritage features in the Foster Creek
Subwatershed area are in short supply. The valleys of the Wilmot and Graham Creeks
are more robust and offer higher potential for natural heritage functions than Foster
Creek due to intense agricultural practices. Overland connections between watersheds
could enhance natural heritage functions. In this instance the east-west railway
corridors serve as an anchor for a corridor. With the appropriate wildlife underpasses
and fencing, road kill and road safety issues can be mitigated.
With respect to daylighting and restoration of the partially buried tributary, AECOM re-
confirmed that daylighting the tributary would contribute to creating connectivity within
the watershed, as well as conveyance of nutrients and provides habitat for benthic
invertebrates. AECOM advises that daylighting would be no more costly than the
engineering and construction required to collect the water and deliver it downstream,
through a third pipe. The daylighted tributary can be planted with native species to
produce a tree canopy which will maintain water temperature levels.
3.5 Planning Staff and GRCA staff have repeatedly requested the developers to amend the
proposed Official Plans, Neighbourhood Plans and Draft Plan to include the daylighting
and restoration of the tributary and the wildlife corridor. This has not occurred.
3.6 In response to the most recent submission of the subdivision plans, GRCA staff noted
that "the lot layout presented in the most recent draft plan continues to ignore the
recommendations of the Foster Creek Subwatershed Planning Study. The plan fails to
incorporate either of the opportunities presented in the report, one being the restoration
of a buried tributary and the other a wildlife corridor along the southern boundary of the
property. GRCA staff have been involved in numerous meetings and reviewed several
pieces of correspondence from the applicant's consultants regarding the merits of both
of these recommendations". GRCA staff remains "of the opinion that a properly restored
and naturalized stream channel is the preferred alternative to the current proposal, a
piped watercourse. In addition, they are of the opinion that provided wildlife fatality due
to increased traffic volumes can be mitigated, a wildlife corridor would serve to enhance
the function of a connected natural heritage system".
REPORT NO.: PSD-067-09
PAGE 7
4.0 APPLICABLE PLANNING POLICIES
4.1 Provincial, Regional and Clarington planning policies support the concept of planning for
the diversity and connectivity of natural features so that the long terms ecological
functions and biodiversity of natural heritage systems is maintained, restored or
improved. From a policy perspective, "islands" of sensitive features are no longer
sufficient, but connectivity is critical.
4.2 Provincial Policy Statement (PPS)
Section 2.1 Natural Heritage, states that natural features and areas shall be protected
for the long term. The diversity and connectivity of natural features and the long-term
ecological function and biodiversity of natural heritage systems should be maintained,
restored or where possible improved, recognizing linkages between and among natural
heritage features and areas, surface water features and ground water features.
Natural heritage systems is defined as:
"a system made up of natural heritage features and areas, linked by natural corridors
which are necessary to maintain biological and geological diversity, natural functions,
viable populations of indigenous species and ecosystems. These systems can include
lands that have been restored and areas with the potential to be restored to a natural
state. "
Surface Water feature is defined as:
"refers to water-related features on the earth's surface including headwaters, rivers
stream channels, inland lakes, seepage areas, recharge/discharge areas, springs,
wetlands, and associated riparian lands that can be defined by their soil moisture, soil
type, vegetation or topographic characteristics".
Wetlands are defined as:
"means lands that are seasonally or permanently covered by shallow water, as well as
lands where the water table is close to or at the surface. In either case, the presence of
abundant water has caused the formation of hydric soils and has favoured the
dominance of either hydrophytic plants or water tolerant plants. The four types of
wetlands are swamps, marshes, bogs and fens".
Section 2.2 Water, requires planning authorities to protect, improve and restore the
quality and quantity of water by using the watershed as the ecologically meaningful
scale for planning.
Other related policies are:
Section 1.5, Public Spaces, Parks and Open Space policies, states that healthy active
communities should be promoted by planning public streets and spaces that are safe
and facilitate pedestrian and non-motorized movement. A full range of publicly
accessible built and natural setting for recreation including facilities, parks, open space
and trails should also be considered.
REPORT NO.: PSD-067-09
PAGE 8
Section 1.8, Energy and Air Quality, states that planning authorities shall support energy
efficiency and improved air quality through various means in the planning and
development process.
4.3 Provincial Growth Plan
The Provincial Growth Plan for the Greater Golden Horseshoe is to be read in
conjunction with the PPS. Section 4.2.1 of the Growth Plan states that Planning
Authorities are encouraged to identify natural heritage features and areas that
complement, link or enhance natural systems
4.4 Durham Reqion Official Plan
4.4.1 A goal of the Regional Official Plan is to preserve, conserve, and enhance the Region's
natural environment for its valuable ecological functions.
The development of a connected and functional natural system comprised of the
Greenlands System (identified in the Regional Official Plan) and additional linkages and
corridors as identified in area municipal official plan is encouraged.
4.4.2 The Environmental policies of the Durham Region Official Plan, under the 'Woodlands'
section state: The Region will in cooperation with the area municipalities, conservation
authorities and other agencies having jurisdiction, participate in managing the
woodlands in the Region by establishing an overall woodland cover target of a minimum
30% of Durham's total land area.
4.4.3 In addition the 'Water Resources' policies state that during the process of assessing
development, streams and adjoining lands are to be retained in, or rehabilitated to, a
natural state, for the protection of fish and wildlife habitat and to minimize alterations to
natural drainage systems and sediments entering a watercourse.
4.5 Clarinqton Official Plan
4.5.1 A goal of the Plan is to enhance. natural heritage systems and ecological integrity. An
objective is to enhance ecological processes, biodiversity and connections within the
natural heritage system.
4.5.2 The Plan states that in order to ensure corridor functions are maintained, and where
possible improved or restored, every application for development or site alteration shall
indentify planning, design, and construction practices that ensure no buildings or other
site alternation impede the movements of plants and animals among natural heritage
features, hydrologically sensitive features and adjacent lands.
4.5.3 The Plan notes that there are a number of natural heritage features which cannot be
shown on the official plan schedules due to either inadequate information or the nature
of the feature. The Plan notes that these features are also important to the integrity of
the natural heritage system. Furthermore, the municipality is to prepare a subwatershed
REPORT NO.: PSD-067-09
PAGE 9
plan prior to the development of any plan of subdivision, with part of the purpose being
to identify the natural features and systems to be preserved, enhanced or restored. The
Foster Creek Subwatershed study was completed in 2001 and the recommendations
were received by Council in principle.
5.0 IMPLICATIONS OF THE RESTORED TRIBUTARY AND/OR WILDLIFE CORRIDOR
TO THE SUBDIVISION DESIGN
5.1 The Village North Neighbourhood area has been affected by aggressive farm practices
and, outside of the tributary, has only farm hedgerows. As a whole, this makes the lands
extremely efficient to develop but lacking in any natural character for its residents.
AECOM noted that the Foster Creek Watershed, as a whole, even taking into account
of all restoration opportunities could achieve 4% forest cover. Even in the last few
weeks, the site has been disturbed with a portion of the tributary area being regraded
and planted with a cover crop. The restoration of this tributary provides an opportunity
for improving the forest cover in the watershed and natural open space area for
residents of the neighbourhood.
5.2 The subdivision design to date has involved the planning for two large stormwater
ponds at the south end of the development and the future construction of two by-pass
pipes to convey water from outside of the neighbourhood around or under the
stormwater ponds to be discharged southerly near the railway. The development
proposal requires extensive regrading, in part as the proponent wants to minimize costs
by attempting to maintain a cut and fill balance on the site. Thus the substantial quantity
of soil excavated for the stormwater ponds is to be moved to other parts of the site. In
addition, lands requiring regarding to accommodate the proposed servicing scheme and
deal with some steep grades. Retaining and restoring of the northerly tributary will
require re-engineering of the project as currently proposed, potentially including the
relocation of the stormwater ponds.
5.3 The restoration of the tributary would require a corridor approximately 30 m wide. This
would yield a loss of approximately 1.6 ha from the site. This is equivalent to
approximately 35-40 units, assuming the densities currently proposed for the site.
5.4 If the wildlife corridor was to be incorporated along the railway, both our consultant and
GRCA indicated that it could be less than 100 m as originally proposed. The impact of
the corridor would be the relocation of the ponds northerly and the loss of more than 50
lots.
6.0 CONCLUSION
6.1 The restoration of the northerly tributary is the preferred option, if only one is to be
implemented. It provides a number of environmental benefits including:
REPORT NO.: PSD-067 -09
PAGE 10
. Enhanced ecosystem function including the creation of wildlife habitat and habitat
for benthic invertebrates and the contribution of nutrients for downstream fish
habitat, a reduction in flashy floods, removal of waterborne pollutants, and array
of ecosystem services associated with riparian and forest vegetation;
. Increased forest cover in the Foster Creek watershed;
. Enhanced connectivity with the significant swamp forest, thicket and meadow
marsh referred to as Site 14 to the east of Arthur Street; and
. Open space opportunity for residents of the neighbourhood.
6.2 The costs of engineering and constructing the by-pass pipe solution have not been
provided and the costs of the restoration of the existing watercourse would appear to be
exaggerated. Utilizing Stantec's cost estimate but applied to a more accurate length
following the existing watercourse, the estimated cost is $800,000 but could be much
less since with limited flows there is no need for intensive design and engineering.
The cost of the by-pass pipe also requires engineering the solution, constructing the
pipe and excavating the tile drain. Our consultants indicate that many of the costs
overlap with and may not be much cheaper than daylighting through natural channel
design. The major concern relates to the loss of some residential units.
6.3 Our consultant has noted that there is always more than one solution to improve
ecosystem integrity. Alternative means of achieving the goals of the Official Plan and
the Subwatershed Plan could be explored through further discussion following Council's
decision on the matter.
6.4 Since this matter is before the Ontario Municipal Board, Committee may want to discuss
some legal aspects related to the appeal and the Municipality's position. The Solicitor
will be present and a legal update can be considered in closed session.
Attachments:
Attachment 1 - Neighbourhood Design Plan
Attachment 2 - Fourth Submission of Draft Plan of Subdivisions
Attachment 3 - Extract of Subwatershed Study
Attachment 4 - Stantec Consulting Ltd. - Opinion Letter
Attachment 5 - LGL Limited - Opinion Letter, February 15, 2008
Attachment 6 - LGL Limited - Opinion Letter, June 13, 2008
Attachment 7 - AECOM - Peer Review Letter
REPORT NO.: PSD-067 -09
List of interested parties to be notified of Council's decision:
Bryce Jordan, Sernas Associates
Smooth Run Developments
Brookfield Homes (Ontario) Limited
Hugh Allin
Steve Wilson
Cory Geddes
Robert Macdonald
Robert Fassen
Helen Jones
Rev. Robert Brouwer
Ganaraska Region Conservation Authority .
Robert Craunstown.
Jerry Reffosco
Joanne Raymond
Steve Holliday
Doug Rombough
PAGE 11
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Attachment 3
To Report PSD-067-09
Foster Creek Watershed
Greenlands System
Limits of Foster Creek
. - - Sub Watershed Study Area
_ Natural core Area
/' _ Ecological Restoration
Area and Linkages
i - - - - -: Corridors, Connections
:_____~and Minor Core Areas
Stantec Consulting Ltd.
361 Southgate Drive
Guelph ON N 1 G 3M5
Tel (519) 836-6050 Fax (519) 836.2~93
stantec.com
Attachment 4
To Report PSD-067 -09
~
._~
Stantec
October 11, 2006
File No. 160960242
Carlos Salizar, Planner
Municipality of Clarington
40 Temperance Street
Bowmanville Ontario
Dear Mr. Salizar:
Reference: North Village Neighborhood Plan Part of Lot 27 and 28, Concession 2
Village of Newcastle, Municipality of Clarington
At the request of Smooth Run Developments and Brookfield Homes we have completed a
review of the recommendations of the Foster Creek Subwatershed Planning Study (Gartner Lee
Limited and Greenlands International Consulting Inc. March 2001) as they apply to the North
Village Neighborhood Plan (the Subject Lands). This review was discussed at meetings earlier
this year with Town Planning staff and members of the Ganaraska Region Conservation
Authority.
Located north of the Village of Newcastle, the Subject Lands are bordered by the CPR railroad
tracks to the south, Arthur Street to the east, Concession 3 to the north and Regional Road 17
to the west, and are owned by Smooth Run Developments and Brookfield Homes (the
proponents).
The Foster Creek Subwatershed Planning Study recommends that a substantial portion of the
southern Subject Lands be set aside as part of a Greenlands System, to allow for the re-
opening or "daylighting" of a buried tributary to Foster Creek, the naturalization of agricultural
land and the creation of an ecological corridor between Foster Creek and Graham Creek
wastersheds. The recommendation is not detailed but it appears from Figures that that the
intent would be to open the tributary through the entire North Village Neighborhood from the
CPR tracks to Arthur Street (see pages 99-100 and Figures 11 and 13 in the subwatershed
planning study).
Stantec
October 11, 2006
Page 2 of 7
Reference: North Village Neighborhood
As was discussed at the meeting with Town and GRCA staff earlier this year, the proponents
had some questions about this recommendation to "reopen" the northern tributary across the
Subject Lands to connect the CPR railroad tracks with Site 14 west of Arthur Street. Specifically
the questions with regard to this recommendation include:
1. What are the specific ecological watershed functions to be performed by the
recommended measures?
2. What are the relative costs and benefits associated with the recommendation?
3. Is there an alternative approach that could provide substantially the same benefits at
lower cost?
The information below represents our answers to these questions.
1. Ecological watershed functions potentially addressed by re-opening the Northerly
Tributary.
The subwatershed planning study apparently does not provide substantial ecological data from
the eastern tributaries of Foster Creek that cross under the CPR tracks and through the existing
village of Newcastle.
Figure 10 in the subwatershed planning study indicates that flow and surface water sampling
stations were established (SW6, SW9 ands SW10); along with Fisheries Habitat (H9) and
Benthic Invertebrate (B6) stations. However, the version of the plan made available to me does
not contain data for the water quality (Table 9), benthic stations (Table 10 and Appendix C-3 ),
or fish habitat (Table 11).
Natural vegetation on the North Village Neighborhood lands is limited. Figure 11 in the
subwatershed planning study indicates that Site 15, made up of Polygon 62, is a meadow
marsh dominated by reed canary grass. Field work by Stantec Consulting Ltd. conducted in
2006 indicates that this location is a grassed water-way constructed through a farm field, and
that is occupied by a range of common grasses. There are wetter areas near the culverts and
where grading has created small depressions, but the majority of the site is anthropogenic and
does not represent a wetland community. The continuation of the grassed waterway upstream
of Arthur Street (polygon 63) is similar to the grassed waterway on the North Village
Neighborhood lands, and appears to be more appropriately characterized in the subwatershed
planning study as cultural meadow.
Site 14, which is east of Arthur Street is listed in the subwatershed planning study as a
significant site (page 57) and "a connection between the CPR railroad across to site 14" (page
58) is recognized as a possibility, although it is noted "existing farm buildings that will be
affected and therefore will be difficult to achieve."
Under the wildlife habitat discussion (pages 63 to 66) core habitats are identified at the mouth
and headwaters of Foster Creek and it is concluded that the focus should be on maintenance
and enhancement of these features with a second priority being maintaining the corridor of the
main branch of Foster's Creek that links these two features.
Stantec
October 11, 2006
Page 3 of 7
Reference: North Village Neighborhood
Site 14 is identified as being linked to the forest areas in Graham Creek and playing an
important role in bird habitat functions in that watershed. The stated benefit of linking this area
to the railroad corridor is to provide a "circular route" for wildlife movement, although, which
wildlife species and how this route would enhance their habitat, are not specified. There is no
mention in the subwatershed study of aquatic habitat benefits or stream hydrology benefits that
might arise from re-opening or "daylighting" of the stream. This is despite the fact that the vast
majority of creek daylighting projects undertaken are founded primiarily on stream hydrology
and aquatic habitat benefits.
Based on the limited information summarized above the ecological benefits of the
recommendation to reopen the northern-most of the two eastern tributaries would appear to be
limited to a third level wildlife habitat function vaguely described as a "circular route" or "multiple
opportunities for wildlife movement". Given that daylighting streams can be an extremely
expensive undertaking this seems like insufficient justification of the recommendation.
To further investigate the potential benefits of re-opening the stream, aquatic habitat data was
collected by Stantec Consulting Ltd. in July of 2006, for the area downstream of the North
Village Neighborhood The following is a summary of those 2006 observations.
Eastern Tributary of Foster Creek
The area upstream of Arthur Street and the proposed new channel site is currently under
agricultural production (Photo A), over moderately hilly topography. The area downstream of
Arthur Street proposed for daylighting is currently an agricultural grassed waterway with no
defined channel due to the presence of a pipe that directs flow to the main stream channel
further down the watershed.
Photo A - Agriculture upstream of Arthur Street
Examination of the stream
channel where it daylights
approximately 10 metres
northeast of the railway tracks en
the southern edge of the property
revealed a small defined channel
approximately 15 em wide, with a
depth of 5 em or less (Photo B).
The water temperature was
measured at 15 degrees, many
degrees below ambient air
temperature, reflecting the long
residence time in the pipe under
grassed waterway as well as
possible groundwater
contributions.
Stantec
October 11, 2006
Page 4 of 7
Reference: North Village Neighborhood
Photo B - Grassed water way outlet
Photo C- Downstream of CPR tracks
Note diffuse channel, refuse and
potential barriers to fish movement.
On the south side of the CPR railroad
tracks, the stream is a defined, diffuse
channel with a narrow, but dense riparian
buffer consisting of grasses, shrubs, large
trees and wetland plants (Photo C).
Instream vegetation consists of dense
patches of watercress, grasses and algae.
Substrate consists of approximately equal
measures of cobble and gravel with some
sand.
From this point downstream through the
Village of Newcastle towards its it's
confluence with the main branch of Foster
Creek, the stream has a similar character:
a narrow but dense riparian buffer, and
evidence of significant human impact,
including often abundant in-stream litter
and debris, sections where open-top
corrugated steel pipes (CSP) function as
the channel bottom, and concrete retaining
wall structures. (Photos C and D).
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Photo 0 - Downstream of North Street
Note Corrugated steel pipe serving as
stream bottom (lower left of photo)
Stantec
October 11, 2006
Page 5 of 7
Reference: North Village Neighborhood
Overall, the tributary downstream of the area proposed for daylighting provides low quality
fisheries habitat due to the number of alterations, as well as the diffuse, shallow channel
features. Creating an open channel upstream of this reach will not add significant value to the
existing habitat, as fish passage is limited under regular low flow conditions. To the extent that
the re-opening may result in some water quality changes compared to the piped flow, such as
temperature increase and sediment load, the quality of habitat downstream could even degrade
slightly.
In summary, the watershed ecological functions that the proposed re-opening of the tributary
and the naturalization of agricultural lands could enhance include:
. Wildlife movement between the Foster and Graham Creek corridors for
unspecified wildlife species.
. An increase in the amount of marginal fish habitat in the watershed.
. An increase in the total amount of natural vegetation cover.
2. The relative costs and benefits associated with the recommendation
Published experience in Canada and the United States (see for example Daylighting: New Life
for buried streams. Richard Pinkham, Rocky Mountain Institute, 2000) indicates that the cost of
daylighting streams can range from less than $100 per foot to upwards of $1000 per foot, not
including lands costs. Lower cost efforts tend to be characterized by volunteer labour, in kind
contributions and simple stream systems with minimal grading required.
From the Functional Servicing Plan for the North Village Neighbourhood plan it appears that
approximately 600 m of stream could be subject to daylighting. Assuming that this is a
reasonably simple system and applying a cost of $1600 per metre (roughly $500 per foot) the
total cost could easily approach $1,000,000, excluding the cost of the land. Based on Figure 13
in the subwatershed planning study more than 10 hectares of otherwise developable land would
be lost on the North Village site alone, and a similar amount of land would be lost for future
development east of Arthur Street. Reduction in developable area adds to per unit costs for
infrastructure and drives up the cost of servicing and maintaining Clarington's urban fabric
affecting tax rates, house prices etc. Taking into account these types of indirect costs the total
dollar cost of the proposed daylighting will be several millions of dollars spread out across
landowners, the residents and the Municipality.
Costs of this magnitude can be justified if the resulting environmental benefits are similarly large
and significant. The challenge is that often environmental benefits do not have a clear dollar
value associated with them, and it can often be difficult to balance the costs and benefits.
However a qualitative assessment of the relative value of the environmental benefits is often
possible. In the review above the following potential benefits were identified:
· Enhanced wildlife movement between the Foster and Graham Creek corridors for
unspecified wildlife species.
· An increase in the amount of marginal fish habitat in the watershed.
· An increase in the total amount of natural vegetation cover.
Stantec
October 11, 2006
Page 6 of 7
Reference: North Village Neighborhood
These potential benefits, while important at a local scale, will not result in not major impacts on
the ecology of the subwatershed. On a relative basis it seems clear that the limited benefits do
not justify the high costs. This is particularly true if similar, or even greater, watershed scale
benefits could be achieved at lower costs. This is the issue addressed below.
3. Alternative approaches to achieve similar benefits at lower cost.
Enhance wifdlife movement between the Foster and Graham Creek corridors
As noted on page 61, the majority of birds wildlife listed in the subwatershed study are adapted
to "field, forest edge and urban fringe habitats" The same could be said of the mammal species
encountered as the full range from short-tailed shrew to deer are known to frequent urban,
semi-urban and agricultural landscapes. These species will readily move through semi-
naturalized low maintenance vegetation found along linear features such as railroad tracks and
through low maintenance areas of stormwater management ponds, parks, and open spaces.
The south end of the proposed North Village Neighborhood includes all these uses backing on
to the CPR railroad tracks. With some minor modifications a minimum 30 m strip of these low
intensity low maintenance uses could be incorporated into the plan. This would provide an
adequate mid-watershed movement corridor between Foster and Graham Creeks. Given that
the corridor must cross Regional Road 17 and Arthur Street, it is, and will remain, a
compromised corridor. To make a portion of the corridor 100 to 400 metres wide would not
compensate for the constraints posed by the road crossings, and would not add substantially to
the function of the area.
Increase the amount of marginal fish habitat in the watershed.
Overall, the tributary downstream of the area proposed for daylighting is moderately low quality
habitat. Creating an open channel upstream of this reach will not add significant value to fish
habitat in Foster Creek, and will only increase the amount of low to moderate quality habitat. A
better approach would be to substantially improve the quality of existing habitat in the main
branch of Foster Creek. Several examples of projects that would greatly exceed the benefit of
the proposed day-lighting at much lower cost can be drawn from the subwatershed study
discussion (see page numbers from subwatershed study below for details):
· Increase buffering and riparian plantings in agricultural areas (page 46);
· Removal of debris and barriers throughout the main branch;
· Increased habitat diversity in upper reaches (page 49);
· Carp exclusion in the lower reaches of foster Creek (page 49).
Additional examples of lower cost higher benefit fish habitat enhancement could be developed
in conjuction with the Conservation Authority Staff and other interested parties.
One ecological function not addressed by the proposal to daylight the eastern tributary is the
fact that the pipe underlying the grassed water way contributes relatively cool baseflow to Foster
Creek just upstream of the CPR tracks. This function should be preserved in the servicing of the
proposed development.
Stantec
October 11, 2006
Page 7 of 7
Reference: North Village Neighborhood
A bypass pipe should be included in the servicing concept to take the relatively cool and clean
external flows from upstream of Arthur Street and bypass the stormwater management facilities
associated with the proposed development, discharging downstream of the SWM outlets. This
will prevent the external flows from being warmed in proposed Pond E.
Increase the total amount of natural vegetation cover.
Approximately 10 ha of development land would be set aside for naturalization under the
approach recommended in the subwatershed study. This area would be in the middle of the
watershed isolated by Regional Roads railroads lines and adjacent urban development. A much
greater ecological benefit could be realized if the natural core areas at the confluence with
Wilmot Creek and in the headwaters were enhanced. Approximately one hectare of relatively
natural habitat, in the form of a 30 metre wide corridor along the CPR tracks would provide the
urban corridor required for the species encountered in the area between Foster and Graham
Creeks, and the time effort and plant material that would have gone into the other nine hectares
of corridor could be better invested in enhancing the core natural areas and improving riparian
habitat along the main branch of Foster Creek.
In summary, we have concluded that the costs of the proposed daylighting of the eastern
tributary far outweigh the ecological benefits of the proposal. Much greater ecological benefits
could be realized from enhancement of the core natural areas and fish habitat improvement
works on the main branch of Foster Creek. A simple bypass of external water flows around
North Village Neighborhood and provision of a 30 metre wide semi-natural corridor along the
CPR tracks is the optimum balance point between costs and benefits.
Sincerely,
~i;LLTD.
David Charlton, M.Sc., P.Ag.
Senior Principal, Environmental Management
Tel: (519) 836-6050
Fax: (519) 836-2493
dcharlton@stantec.com
I.. 'i r;;;...~..~..._.'
...:
Attachment 5
To Report PSD-067-09
LlM/TED
environmental research associates
22 Fisher Street, PO Box 280
Tel: 905-833-1244 Fax: 905-833-1255
Email: kingcity@lgl.com
URL: www.lgl.com
February 15, 2008
Carlos Salazar, Planner
The Municipality Of Clarington
40 Temperance Street
Bowmanville, Ontario
Reference: North Village Neighbourhood Plan
Part of Lot 27 and 28, Concession 2
Village of Newcastle, Municipality of Clarington
LGL Limited (LGL) was retained by Smooth Run Developments and Brookfield Homes in
July 2007 to provide advice respecting selected recommendations of the Foster Creek
Subwatershed Planning Study, as they pertain to the (Newcastle) North Village
Neighbourhood Plan area. Specifically, LGL was asked to provide opinion on:
1. the necessity for a wildlife conveyance corridor of 100 metres is width to be
developed abutting the CPR R.O.W.; and
2. the advisability of "daylighting" a buried (farm-tiled) tributary. Corollary to the
daylighting issue is the matter of the study-recommended step to develop a
wildlife conveyance feature centred on the re-developed watercourse, which
would connect the previously noted 100 metre wide (enhanced rail R.O.W.)
corridor with the watercourse; crossing at Arthur Street.
In preparation of this letter, we visited the subject lands and adjacent areas (July-
December, 2007) conferred with municipal and Conservation Authority staff (site
meeting of December 14, 2007), and reviewed the Subwatershed Study, relevant file
correspondence, and planning figures as prepared by MBTW and Sernas Associates. In
addition, LGL has reviewed literature sources that address the aforementioned wildlife
issues.
Of particular relevance are the Foster Creek Subwatershed Planning Study (Planning
Study), and a letter dated October 11,2006 from Stantec to the Municipality of
Clarington, Attention Carlos Salazar, Planning (attached).
The former provides a vision for a greenway framework comprising cultural, naturalizing
and remnant natural features, enhancements to such features, and new connecting
corridors. This Planning Study also recommends exposing farm-tiled groundwater flows;
Municipa/ity of C/arington
North Village Neighbourhood Plan
Page 1
LGL Limited
February 2008
and in the case of the subject lands, creating a vegetated watercourse corridor between
the enhanced CPR R.O.W. and Arthur Street.
The Stantec letter of October 11, 2006 discusses the Planning Study in the context of
landowner concerns, relating to the daylighting issue of the buried tributary (noted
above) and the enhancement of the Rail R.O.W. corridor, and discusses the costs and
benefits of the planning recommendation and recommends alternative approaches to
those offered in the Planning Study. .
The two principal issues addressed by LGL are discussed as follows:
1. the necessity for a 100 metre wide naturalization at the intetiace of the CPR
R.O.W. and the North Village Neighbourhood Plan Area, principally to enhance
the conveyance of animals between the Foster and Graham Creek watersheds,.
The Planning Study basis for the development of the greenway framework in
general, and the above-noted enhancement in particular, is grounded in the
science of landscape ecology and is built upon the premise that enhancing and
connecting islands and corridors of green always provides a net benefit to plants
and animals. Page 64 of the Planning Study identifies four terms used in the
scientific discussion of connectivity and wildlife habitat. The introduction of these
terms implies that any size criteria that are at variance with those will not qualify
as a productive/sustainable feature. Additionally, it presumes that urban/ex-
urban animals cannot and do not successfully enlist the services of
anthropogenic features to travel between vegetated units within and/or adjacent
to the built environment. Based on our knowledge of the literature and on our
professional experience, it is fair to say that neither premise is accurate.
Although the Planning Study provides a list of wildlife species encountered within
the study area, there is no detailed body of data. This is not unusual for this level
of study; however, given the sweeping nature of the greenlands
recommendations it would have been helpful. Of particular use would have been
data respecting animal numbers in the areas proposed for enhancement. In the
absence of this information, LGL undertook such focused studies to confirm the
character of wildlife usage 'vvithin and adjacent to the rail R.O.W. and also in the
main branch corridors of Graham and Foster Creek watersheds. The results of
this work confirmed the presence of a wide variety of species (3 amphibians, 49
birds, 24 mammals, 4 reptiles), albeit in moderate to low numbers, with less
diversity and lower numbers within the railway lands (2 amphibians, 31 birds, 15
mammals, 2 reptiles). The above numbers exclude migrant birds.
The majority of these species are urban tolerant and would be habituated to
human presence. Urban subsidized species (gray squirrel, house mouse,
Norway rat, raccoon and striped skunk) were prominent in numbers as were
predatorial species such as deer mouse, coyote, red fox, American crow, blue
jay, and common grackle (gray squirrel, raccoon and striped skunk also fit the
second category). Virtually all of these species may be expected to persist
through the development period and remain (or increase) in post development
years. All of the above noted animals currently appear to be navigating
Municipality of Clarington
North Village Neighbourhood Plan
Page 2
LGL Limited
February 2008
effortlessly within and between the watersheds utilizing cultural pathways,
including the rail R.O.W. Although the provision of new green space outside of
and paralleling the R.O.W. would benefit this situation, there is no apparent
biological requirement for this change to maintain the current condition and there
does not appear to be a significant enough local population to warrant the size of
a greenspace dedication as proposed in the Planning Study.
Additionally, unless any green enhancement of lands abutting the rail R.O.W. is
fenced to exclude humans and companion animals, the disturbance factor will
result in wildlife selecting the railway lands over the designed greenspace due to
the familiarity and isolation of the former. The principal benefit of new
greenspace would be to buffer the rail corridor for wildlife and to provide
additional conveyance opportunities between watersheds for selected nocturnal
moving species. A significant downside to attracting increased numbers of
animals to transit between watersheds, regardless of the width of any future
greenway, is the crossings they will have to make of Regional Road 17 and
Arthur Street, both of which will carry significantly more traffic at build-out.
Enticing greater numbers of relatively slow moving ground-based animals into
traffic corridors is not sound urban wildlife management and can result in
significant road safety issues for drivers.
A setback width of 20 - 25 metres for the stormwater management feature (i.e.
the "permanent pool") from the CPR property boundary is adequate to facilitate
east/west conveyance of wildlife, and will suitably buffer wildlife pathway
functions within the railway lands. Wherever possible, the area between the rail
lands and the ponds (including the "park block") should be planted in coniferous
species (white spruce, red and white cedar and white pine) with occasional tall
deciduous tree accents (burr and red oak).
The interiace zones of the greenway feature with Regional Road 17 and Arthur
Street (15 - 20 metres) should be vegetated only in herbaceous cover; these'
areas should be cut at least twice yearly generally to increase visibility of
roadside wildlife and to ensure animals crossing these roads do not break from
cover in a manner which creates a road safety issue.
The areenwav unit should not include trails or other features that encourage
residents to consider this area a recreational zone; signage in this regard may be
necessary.
The greenway corridor should not be separated from the stormwater
management area by fencing.
2. The advisability of "daylighting" a buried (farm-tiled) tributary.
The Planning Study recommends "daylighting" a buried tributary on principle to
recover riparian habitat and in the process provide a new wildlife movement
corridor connecting northeast across Arthur Street to lands that currently are
farmed or idle (plantation) and are not within the urban boundary.
Municipality of Clarington
North Village Neighbourhood Plan
Page 3
LGL Limited
February 2008
The issue of exposing the underground flow or maintaining it in an underground
pipe for delivery to the creek channel at the rail R.O.W. is discussed by Stantec,
who recommend the later. We agree with Stantec on this matter. Specifically, it
is Stantec's opinion that the daylighting of the tributary may result in deleterious
impacts on the watercourse, including temperature increase and sediment load.
Additionally, Stantec note that the Planning Study does not mention that aquatic
habitat benefits or stream hydrology benefits will arise from the daylighting
exercise, in spite of the fact that the majority of watercourse daylighting works
are grounded principally on precisely these foundations. Notwithstanding these
comments, we appreciate that delivery of groundwater in a buried fashion,
however cool it may be, will not have a profound impact on the downstream
thermal regime of Foster Creek. However, we, too, are of the opinion that taking
the course of action proposed in the Planning Study provides no apparent
fisheries benefits and could be detrimental in the long run to down-gradient
conditions (foreign substances washed into the watercourse and general
warming of groundwater).
Secondly, and as recommended by Stantec, we agree that the piped
groundwater should not be processed through the stormwater management
system. In the event a third pipe option is exercised to collect groundwater within
the development envelope, it is acceptable to combine the two sources.
Lastly, it is our opinion that the Planning Study recommendation to design a
tributary-based greenway between the enhanced rail R.O.W. and Arthur Street,
across what is now a farm field, is something to be viewed as an example of
urban wildlife mismanagement. Implementation of this plan undoubtedly will
result in road traffic wildlife fatalities and significant road safety issues as Arthur
Street is upgraded with development. Secondly, encouraging wildlife to loop
northeast onto third party lands in the hope that they will all turn southeast and
return to the connecting rail corridor, in our opinion, is wishful thinking. In
addition, it will increase wildlife numbers, including those species which come in
conflict with humans, on lands to the east of Arthur Street, where they may not
be appreciated by landowners.
The above comments comprise the results of LGL's review of background natura!
heritage documents, the development proposal, discussions with Town staff, and site-
specific investigations. These findings confirm that the Resource Management
Objectives of the sub-watershed study generally will be met through development as
proposed.
Sincerely,
9 ~^-YJ~~
J.
Robert Nisbet
Senior Biologist
Municipality of Clarington
North Vii/age Neighbourhood Plan
Page 4
LGL Limited
February 2008
233 Huycke Street
Cobourg, Ontario CANADA K9A 5K8
c: 905-372-3261 ~: 905-372-3281
environmental research associates F.iJ: rnisbet@lgl.com il): www.lgl.com
Head Office: 22 Fisher St., P.O. Box 280, King City, Ontario CANADA US 1A6 C: 905-833-1244 ~: 905-833-1255 ra: kingcity@lgl.com i!J: www./gl.com
June 13, 2008
Attachment 6
To Report PSD-067-09
Sernas Associates
110 Scotia Court, Unit 41
Whitby, Ontario
L 1 N BY7
Attention: Mr. Bryce Jordan
Re: North Village Neighbourhood Plan, Part of Lot 27 and 28, Concession 2
Village of Newcastle, Municipality of Clarington
Policy Implications of the Foster Creek Sub-Watershed Planning Study
Ganaraska ConseNation Comment Letter Dated April 1, 2008
Sent from Greg Wells (GRCA) to Lisa Backus (Clarington)
Dear Bryce,
At your direction, we have reviewed the above noted GRCA letter and herein offer our thoughts respecting
the Conservation Authority's recommendations to the Municipality. Our comments are derived through
consultation with LGL ecologists and fisheries biologists who have experience in similar land use
conversion exercises, and from a review of the research conducted by Stantec (letter of October 11, 2006
to the Municipality). LGL refers to the Stantec letter in our correspondence of February 15, 2008. The
following comments are offered in order of page and paragraph position from the GRCA letter.
1. Page one, Paragraph one: the first sentence refers to implementation of the measures and
recommendations of the Foster Creek Subwatershed Planning Study (Study) as a pre-requisite for
development. Whereas this may be the intent of the Authority and the Municipality, in practice,
implementation of all such measures and recommendations appears fragmentary and
discretionary if the application in hand is an accurate example. We draw attention to the matter of
day-lighting "buried tributaries." The Study notes that "eastern tributaries have been buried north
of the CPR tracks" (Section 6.7.1, bullet (a)) and recommends in Section 6.7.2 (bullet (a)) to "bring
the buried tributaries above ground" as an impact mitigation measure." Three such "tributaries" are
found within the subject lands, yet only a portion of one of the three sub-terranian channels is
requested by the Authority to be day-lighted. Using this example alone it is clear that
implementation of the Study measures and recommendations in regard for development is
approached neither in a compulsory nor a comprehensive fashion by the Authority and/or the
Municipality; instead, flexibility apparently is exercised by one or both bodies. It is this flexibility
and discretionary decision-making that Stantec and LGL understood was in place when we made
our respective recommendations to the landowners.
2. Page one, Paragraph One: the last sentence references restoration of a "buried tributary." The
reference might better be worded a buried farm drainage channel for the following reason. We
have no historical information regarding the pre-tiling of the surface drainage period respecting the
precise location or configuration of any original channel; although we agree, that current
Established in 1971
ONTARIO. BRITISH COLUMBIA. NEWFOUNDLAND. ALASKA. TEXAS. WASHINGTON STATE
Page 2
topographic conditions suggest it would be in this general area, at least from sometime in the late
19th Century, and probably previous to forest clearing and settlement. It is likely that in the initial
years after clearing (with the establishment of the roadway) that run-off flowed south along the east
side of the roadway, or overtop of it during flood conditions. In our opinion, the current location
almost certainly is an artifact of farming practices, not nature; any day-lighting would comprise
restoration of a cultural feature or potentially, the creation of a new surface drainage channel. This
opinion is offered, in part, on the basis of our knowledge of 19th Century farming practices as are
documented through the social science discipline of historical geography.
3. Page one, Paragraph two: This wording suggests that in the Authority's mind, the piOposed
Stormwater Management facility (and park), albeit reduced in width from the Study
recommendation, comprise an enhancement of the existing rail R.O.W. corridor; and that they
concede the Study recommendations (including the 100 metre width) need not be implemented,
further reinforcing the point made above. Additionally, they agree that development of a wildlife
corridor, as recommended through the Study, will result in an increased occurrence of wildlife
fatality.
4. Page one, Paragraph three, sentence one: Mr. Well's notes no GRCA intent to link wildlife
movement off-site by day-lighting the farm drainage channel; their purpose being to restore
riparian habitat. LGL does not attach any such intent, but rather provides opinion of what will
happen by default if the corridor is created. Secondly, whereas it may not be the intent of the
GRCA, it was clearly the intent of the Sub-watershed Study authors. Notwithstanding Mr. Well's
comments, it is relevant to note that the day-lighting exercise proposed in the Study extends north
only to the point where it can conveniently turn due east to link with an off-site woodland. If wildlife
connectivity wasn't the intent of the Study, and riparian habitat was, then why didn't the Study
suggest continuing the day-lighting through the entire length of the drainage channel, to the point
of the culvert crossing at Arthur Street, where the corridor walkway also could link with the
sidewalk?
5. Page one, Paragraph three: The third sentence of this paragraph acknowledges that a buried
water source will provide better "temperature regimes" than day-lighted conditions, although the
latter situation would be "acceptable" due to the cooling effects of riparian plantings. This issue
was discussed at the site meeting in December when LGL noted that even with extensive plantings
it would take decades before surface water conditions receive significant relief from solar impacts.
Mr. Wells and a former GRCA fisheries biologist were present at this meeting and neither of these
individuals (nor municipal staff) disagreed with LGL's observation.
6. Page one, Paragraph three, Sentence four: LGL's opinion remains at variance with that of the
Authority on this issue. On the basis of fisheries benefits alone, we do not believe the matter can
be quantified to the extent that a winning opinion is identified. Both approaches have their benefits
and these benefits will be somewhat neutralized as up-gradient flows join the creek course south
of the CPR corridor. However, it is clear to LGL that sedimentation is an issue for the construction
period and the immediate post build-out years if the channel is day-lighted; the same is not the
case if flows are conveyed underground. Secondly, we agree that, over time, a naturalized
channel design can create benthic invertebrate production and provision of allochthonous material;
however, the quality and quantity of such production is dependent upon anthropogenic area use
variables, which largely are uncontrollable. These include higher water temperature regimes in the
early years, and on-going impacts from adolescents and companion animals, which may be
expected to frequent the watercourse banks and channel resulting in contaminant loading of the
watercourse. On balance, we believe that in this case, there is no clear fisheries benefit to day-
North ViI/age Neighbourhood Plan, Part of Lot 27 and 28, Concession 2
Village of Newcastle, Municipality of Clarington
Policy Implications of the Foster Creek Sub-Watershed Planning Study
LGL Limited
June 13, 2008
TA4573
Page 3
lighting versus maintenance of the status quo, albeit in a different channel location. Conversely,
on the issue of the proposed greenway connection between the daylighted tributary corridor and
Arthur Street, LGL sees no such fisheries, aquatic habitat improvement or terrestiial wildlife
benefits.
7. Same paragraph, Pages one and two, Sentence five: This issue has been commented on above,
and we agree that cooling advantages of an undergiOund delivery would be somewhat
compromised when blended with the flows emanating from stormwater management features.
However, such adverse affects can and should be minimized through pond design, which ensures
an appropriate stratification of the water column, and releases flows which are as cool as possible,
therein, this measure is encouraged through the Sub-watershed Study (Page 89, Section 6.6.3(9),
reducing the thermal impacts of pond waters on buried flows when they are blended south of the
rail corridor.
8. Same paragraph (three), Page two, Sentences six and seven: The issue of "sediment loading"
and "foreign substance" introduction is noted above. In addition, we recognize that (non-riparian)
"surface flows will be captured and treated by stormwater management facilities prior to re-
introduction to the (Foster Creek) system;" however, in open creek blocks through the construction
period and beyond, the day-lighted reach will experience higher than average sediment loading
than in a piped state, and will receive foreign substances (from above noted and other
anthropogenic sources) irrespective of the "filtration capability of a naturalized vegetative buffer." It
is LGL's experience that even with the best of mitigative measures, these issues will prevail with
the creation of a surface channel, but to a much lesser extent with a piped conveyance feature.
9. Page two, First full paragraph: Notwithstanding the above comments, and consistent with a focus
on "aquatic habitat improvements" as noted in the GRCA letter, consideration should be given to
any practical development of a day-lighted portion of this "tributary" where it transits public lands
and/or the stormwater management block.
We trust these comments are of use to you in your on-going discussions with the Authority and the Town.
Please do not hesitate to contact the undersigned for clarification of points addressed in this
correspondence.
Sincerely,
Robert Nisbet
Senior Wildlife Biologist
LGL Limited
C. Carlos Salazar, Municipality of Clarington
Cynthia Strike, Municipality of Clarington
Lisa Backus, Municipality of Clarington
Greg Wells, GRCA
Mark Peacock, GRCA
Bruce Fischer, Metrus
Tom Albani, Metrus
Peter Schut, Brookfield
Roslyn Houser, Goodmans
North Village NeighbourtJood Plan, Pari of Lot 27 and 28, Concession 2
Village of Newcastle, Municipality of Clarington
Policy Implications of the Foster Creek Sub-Watershed Planning Study
LGL Limited
June 13, 2008
TA4573
Attachment 7
To Report PSD-067-09
\1 ( ()
AECOM
300 - 300 Town Centre Boulevard Marktlam. ON. Canatla L3R 5Z6
T 905.477 8400 F 905.4771456 IVwl'laccorn corn
June 19, 2009
Project Number: 111885
Mr. Dennis Hefferon
South Tower, Royal Bank Plaza
200 Bay Street
Suite 2600, P.O. Box 185
Toronto, ON M5J 2J4
prepared at the request of counsel
Dear Mr. Hefferon:
Re: North Newcastle Neighbourhood - Response to Peer Review of Foster Creek
Subwatershed Study Recommendations
AECOM has been requested by the Municipality of Clarington to assist with development issues
within the Foster Creek Subwatershed. Specifically, we were asked to review comments provided by
Stantec Consulting Ltd. and LGL Limited directed at two recommendations of the Foster Creek
Subwatershed Planning Study (2001) as follows,:
a) Bring the buried tributaries above ground (page 92);
b) Corridors at least 100 m in width (total) approximately centred on the main creek
valley, plus one of the buried tributaries; and,
c) Corridors of at least 100 m in width adjacent to the CPR and CNR rai/lines, east of
Foster Creek, to provide landscape connectivity among the natural areas
associated with the Graham Creek Sub watershed (page 97).
AECOM was to provide our opinion with respect to the Stantec and LGL comments. In addition,
AECOM was asked to comment on the estimated cost involved in daylighting the tributary, and
whether downstream enhancements are reasonable compensation for not undertaking the
daylighting.
In order to prepare this opinion, the following documents were reviewed:
Gartner Lee Limited and Greenlands International Consulting Inc., 2001. Foster Creek
Subwatershed Planing Study. Prepared for the Municipality of Clarington.
Stantec Consulting Ltd., October 11, 2006. Letter addressed to Carlos Salizar, Planner,
Municipality of Clarington at the request of Smooth Run Developments and Brookfield
Homes.
! 111885,.Uune 1 g..09~_losler, cff'p.k_ peer __revlew.doc)
Page 2
Mr. Dennis Hefferen
June 19, 2009
prepared at the request of counsel
LGL Limited, February 15, 2008. Letter addressed to Carlos Salizar, Planner, Municipality of
Clarington at the request of Smooth Run Developments and Brookfield Homes.
Peacock, Mark, 2008. Email addressedtoCouncillorC.Trim regarding North Village
Neighbourhood Telephone conversation.
MBTW - Watchorn Group and Sernas, 2008. Neighbourhood Plan, North Village
Neighbourhood.
A site visit was undertaken on June 15, 2009. Note that no rationale for servicing, stormwater
management or other documents that indicate how the Plan intends to manage the unique
groundwater conditions on this site, nor maintain flow to the two un-named tributaries was provided
as part of the scope of this review. Comments are therefore confined to the content of the two letters
and the maintenance of the natural heritage functions on the site without specific reference to the
servicing of the Neighbourhood Plan.
'I
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ndat:ions (2001)
The Foster Creek Subwatershed Planning Study (FCSPS), completed in 2001, benefited from advice
from the Steering Committee and Public Information Centres and includes final editing from the
Municipality of Clarington and Ganaraska and Region Conservation Authority. The Vision agreed
upon was:
"to maintain and enhance the health and quality of the Foster Creek Sub watershed and its
ecosystem. "
These recommendations for the Greenlands System were confirmed as reflecting the achievement of
that vision.
When the FCSPS is read in its entirety, the point is made that natural heritage is in very short supply
in this subwatershed. The valleys of the Wilmot and Graham Creeks are more robust and offer higher
potential for natural heritage functions (also known as ecosystem services) than the Foster Creek
valley which has been subjected to intense agricultural activities.
The comments in this letter are focused on two tributaries to the Foster Creek that arise in the north-
eastern corner of the watershed, pass through the Town of Newcastle and merge with the main
channel just north of Durham Road 2 (formerly Highway 2). These headwater streams collect
groundwater that has infiltrated into the sand veneer in this portion of the watershed. The northern
tributary has been modified through agricultural practices but passes into a restored wetland and
plantation east of Arthur Street, providing connectivity via hedgerows to Nine-mile swamp, and to Site
14 (discussed below), and to the Graham Creek via weak linkages along hedgerows and the CPR.
From Arthur Street to just north of the CPRail, a tile drain conveys most of the flow. There is clear
\,! ( ;) I
11 t 1885JJune19-09_ foster. creek_ peer._revlew doc)
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Mr. Dennis Hefferen
June 19. 2009
prepared at the request of counsel
evidence of surface water flow early in the season, and the invert was mapped as a wetland in the
FCSPS. In early June 2009, much of the invert was ploughed and planted with wheat (in contrast to
the corn in the upland area planted earlier in the season). A vertical drain is clearly evident in the
invert part way down the swale. The overland flows merge with the tiled flow within a small wooded
ravine just north of the railroad. The tributary then passes into the Town of Newcastle where the
ravine has been incorporated into the residential fabric as a complement to the landscaping and a
wildlife refuge.
The southern tributary arises in Site 14, is tiled to a wetland (a swamp thicket) adjacent to Arthur
Street, then similarly, disappears into tile drainage, to emerge south of the CPR. The presence of
watercress (Nasturtium officinale) in both of the tributaries provides evidence of groundwater
baseflows. The tributary was flowing at a rate of 1 LIsee on June 15, at Arthur Street.
The central issue surrounding these tributaries concerns how best to manage these features within
the context of the development proposal in a manner that reflects the Vision of the FCSPS.
Based on the natural heritage inventory undertaken in 1999, Site 14, the forest and wetland complex
located just east of Arthur Street was notable as it provided habitat for Sharp-shinned Hawk and
Black-and-White Warbler. These species are somewhat area sensitive, meaning that their success in
breeding and rearing young is proportional to the size of the area in which they breed. Their
occurrence was interpreted to be an indication that the proximity of Graham Creek to the east and the
remnants of Nine-mile Swamp to the north were sufficient influence to attract these species. These
species were not recorded elsewhere in the Subwatershed. Site 14 on its own, without the influence
of these larger native forests, would be unlikely to attract area sensitive species. In addition, Site 14
supports a colony of Early Coralroot (Corallorhiza trifida), a small, native orchid rarely recorded from
Durham Region. The marsh dominated by Variegated Horsetail (Equisetum variegatum) is also an
unusual feature restricted to sandy sites with high water tables. Other rare species are often
associated with this type of marsh. It is an important recharge/discharge feature that contributes flow
to the southern tributary that flows through the Town of Newcastle.
On this basis, Site 14 was considered to be a significant feature that should be built into a connected
Greenlands System, consistent with the Vision above, in order to maintain and enhance its unique
contribution to the subwatershed.
.~ j
Principles of Landscape Ecology maintain that connectivity among patches of habitat greatly enhance
natural heritage function. It is a case of a connected whole being more than a sum of its parts. The
literature suggests that wider corridors provide a greater diversity of functions, and that when
\i CU.\i
(1111:l85..Uune 19.09~foster_creek__ peer__ review doc)
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Mr. Dennis Hefferen
June 19. 2009
prepared at the request of counsel
corridors achieve a minimum width of 100 metres, that these functions include the provision of
breeding habitat for a wider array of wildlife, and greater potential for plant diversity. There is no
precise threshold that defines exactly where this enhancement of function occurs, and it is related to
the amount of natural area, proximity of natural areas to one another, and landforms. On this
landscape that is lacking tableland forest outside of the valleylands, it is necessary to restore wide
corridors in order to achieve the enhancement reflected in the Vision. Environment Canada (2004)
speculates that "in urban environments it might be supposed tflat wider corridors would be required to
provide the same level of function in the face of urban effects, assuming that target attributes might
persist at all in an urban matrix". In this case, the agricultural landscape that presents a low barrier to
wildlife movement is being replaced by a residential matrix on a landscape framed by higher quality
natural features in the Wilmot, Foster and Graham Creek valleys. This is a good example of a
location in which wider corridors are justified. In order to provide sufficient resources for plants and
animals making use of the corridor, additional width will reduce edge effects and contribute to
breeding and productive potential. Hence the recommendation for 100 metres for all corridors, with
emphasis on the creation of an east-west connection between watersheds.
In principle, overland connections between watersheds enhance natural heritage function in the same
way that trail systems and good road patterns enhance human settlements. It is recognized that the
land is a finite resource and therefore natural heritage function is coupled with other suitable
infrastructure where possible to achieve multiple objectives. The east-west railroads within the Foster
Creek Subwatershed are obvious anchors for east-west wildlife corridors, however they fail to connect
to Site 14.
As described above, the two un-named tributaries arise on the till plain as the sand cap thins to the
south. 80th of them have been tiled between Arthur Street and the CPR (i.e., excavated followed by
installation of a perforated pipe and backfilling) in order to allow farmers to cross from one part of the
field to the other unimpeded. However, the tiling of the more northerly tributary has been less
ineffective and a meadow marsh community has developed in the depression left over the buried
watercourse. This ephemeral watercourse conveys water overland as well as through the tiles in the
spring, but dries out in late spring or early summer when it conveys surface water flow alone. 80th
tributaries connect across the railroad to downstream valley systems that have been incorporated into
the Newcastle Village fabric. The contribution to the downstream watercourses must be maintained,
therefore a discussion in the subwatershed study considered opening both watercourses within the
development block and create a pathway of connectivity to the agricultural lands east of Arthur, and
ultimately toward Site 14 and Graham Creek valley.
In addition to a functional wildlife corridor, habitat that contributes to downstream Canadian fisheries
waters would be enhanced in that it would contribute flow as well as conveyance of nutrients and
provide habitat for benthic invertebrates. A desktop calculation of potential baseflow from the
catchment west of Arthur Street based on broad assumptions, estimates an average annual
'\F!
(111885 JJlme1g.09.)ostef._CreeK. p..erJevlew doc)
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Mr. Dennis Hefferen
June 19.2009
prepared at the request of counsel
baseflow 1 of about 0.5 Llsec (pluslminus 0.2 Llsec) that is likely to range from 2 Llsec in the spring to
zero in summer. These flows would be somewhat enhanced by storm runoff and accumulated flows
from east of Arthur Street. There are many benefits of the open watercourse over the piped condition
including attenuation of water quantity in storm events and reduction in flashy flows, removal of water-
borne pollutants, creation of wildlife habitat, habitat for benthic invertebrates and contribution of
nutrients to downstream fish habitat, aesthetics, and an array of ecosystem services associated with
the riparian plantings designed to maintain cool water temperatures (i.e., reduction of heat sink effect,
carbon storage and carbon sequestration.)
In order to minimize the loss of development potential while realizing the benefits to natural heritage, only
one tributary was recommended for daylighting in association with creating a pathway of connectivity
toward Site 14 in spite of the potential to make a case for opening both of the watercourses. Daylighting
the watercourse was expected to be no less expensive than the engineering required to collect the water
and deliver it to the two watercourses, with the enhanced benefit of creating the wildlife connection,
attenuating storm flows and enhancing downstream aquatic habitat.
The Greenlands System needs to be anchored to the valleylands of the Foster Creek, but in order to
respond to the Vision, opportunities to enhance the natural heritage system must be identified.
Given the:
. Significance of Site 14 and need to connect this feature to the Greenlands System;
.. Opportunity to create an inter-watershed connector parallel to the railroad;
.. Need to maintain water supply to the downstream tributaries; and,
. Direction to enhance the natural heritage function;
the opportunity to connect these features was identified, described in Section 7.1 and illustrated on
Figure 13 of the FCSPS (Attachment 1). In order to achieve these objectives, it is anticipated that the
corridor be forested in order to provide the ecosystem services in terms of air quality, water quantity
control and psychological benefits for the residents.
This approach supports the goal of the Official plan "to create an integrated and continuous system of
natural areas" (Section 14.1) and supports the principle of Ecosystem Integrity (Section 3.2).
i ~
These recommendations were made eight years ago. In the interval many municipalities have
undertaken Integrated Community Sustainability Plans or Environmental Management Plans that
establish goals for Environmental, SociallCultural and Economic Sustainability. The ecosystem services
1. Based on a contributing area of about 22 ha and a post development infiltration of 110 mm/annum, and allowing for
25% leakage to depth
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(111885_Uune19--09. fosler.~ creek_ peer _review doc)
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Mr. Dennis Hefferen
June 19.2009
prepared at the request of counsel
that contribute to social and economic sustainability are important and quantifiable. A study undertaken by
the Town of Oakville identified an annual environmental benefit of the urban forest to be $2.1 million with a
canopy cover of 29%. Various municipalities are seeking to substantially increase canopy cover to benefit
from air quality improvements, carbon sequestration, carbon storage, heat island effect mitigation,
psychological improvement for residents among many other positive effects for residents. Brantford is
undertaking an increase in canopy cover to 40%. The City of Vaughan is targeting 40% justified by the
threshold for air quality improvement, water quality improvement and benefits to wildlife habitat.
The FCSPS reported that natural cover, including old fields and wetlands, is close to 20% within
Foster Creek. Of that, 9% is forest cover. Brantford estimates the contribution of its street trees to be
around 5% therefore if the urban forest both existing and projected is included, 14% forest cover may
be obtainable within the Foster Creek Subwatershed post development. Forest cover in York Region
and Durham Region (excluding the urban forest) hovers around the 20% mark, more than twice that
in the Foster Creek Subwatershed. Even if all of the restoration opportunities identified in the FCSPS
on Figure 13 were implemented, the total would still fall below 20%. As a result the community will
fail to benefit from the many valuable ecosystem services provided by the forest alone.
The recommendation to daylight the tributary north of the railroad and restore the watercourse and a
wildlife corridor will help to remedy the shortage in ecosystem services needed by the residents to
maintain a healthy community.
The recommendation of a wildlife corridor that links the three watersheds (Wilmot, Foster, and
Graham), enhances connectivity to Site 14 and maintains and enhances the ecosystem function of
the northern un-named tributary is justified in the context of the Vision for the FCSPS and the goals
and principles of the Municipality of Clarington Official Plan. This review confirms that there is
sufficient merit in terms of enhanced ecosystem function to justify the consequences to the
developable envelope in the North Newcastle Neighbourhood.
Further, in the context of designing sustainable communities, the existing forest canopy is less than
half of that in York and Durham, and as a consequence, Clarington is not benefiting from the
substantial economic and social, as well as environmental outcomes of a more robust natural heritage
network, including the urban forest. Restoration efforts should in fact exceed those recommended in
the FCSPS in order to achieve thresholds for effective performance of ecosystem services.
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Smooth Run Developments and Brookfield Homes retained two consultants to provide opinions with
respect to the recommendations provided above.
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(111885 --'-June 19.09_Jo!>ter _ cret'k __ pf'er__ review doc)
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Mr Dennis Hefferen
June 19. 2009
prepared at the request of counsel
The comments provided by Stantec are discussed in the sections identified by the authors as follows.
In general the Stantec description of Subwatershed is study generally accurate although it
exaggerates the extent of the daylighting specifically recommended in the FCSPS. We disagree that
the vegetation in Polygon 62 is not a wetland. At the time that it was assessed for the FCSPS, there
were hydric soils present and the vegetation consisted of more than 50% wetland species and by
definition that means it is a wetland and whether it is anthropogenic is not relevant.
The Stantec observations of creeks is likely accurate and technically sound and seems to support the
importance of this feature in contributing to downstream fish habitat. The buried tributary is currently
providing this function not identified in the 2001 report.
Stantec further comments that daylighting the tributary north of the CPR railroad "will not add
significant value to the existing habitat" based solely on fish passage and further suggests that the
quality of downstream habitat could degrade due to an increase in water temperature and sediment
load. However, a properly designed natural channel in a post-development scenario should not suffer
from an unusual sediment load, and creeks require a certain bedload to remain healthy and viable.
The temperature issue can be easily rectified through dense riparian plantings. On June 15, 2009,
watercress, an indicator of cold groundwater discharge, was abundant in full sun at the exposed tile
drains at Arthur Street and also occurred throughout the Village.
In addition, the benefits of daylighting and restoring a natural channel connected to a floodplain
include reduced potential for flash flows and runoff velocities that contribute to erosion along the
tributary (Brooke 2007). Further, air, vegetation, and soil more likely to absorb water-borne pollutants
in an open channel as opposed to conveyance in a sewer pipe (City of Redwood 2006).
Stantec correctly identifies the ecological benefits of daylighting and associated naturalization of
creek side as:
.. Wildlife movement between the Foster and Graham Creek corridors for unspecified
wildlife species.
u An increase in the amount of marginal fish habitat in the watershed.
.. An increase in the total amount of natural vegetation cover.
We note that the connectivity to Wilmot Creek and to Site 14 should be included in this list. Further,
the exponential response of wildlife in terms of potential breeding habitat to the increase in natural
cover at this scale has not been identified. No conclusion is provided on the intrinsic importance of
these functions nor their value in an ecosystem services context.
(111885_I.Jlme 19-09)oster_creek__ peel __review doc)
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Mr. Dennis Hefferen
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The Stantec discussion proceeds to make the case that daylighting the tributary is ex'pensive while
failing to place this conclusion into context. We agree with this assessment in that restoration of
ecosystem function is often expensive, but needs to be evaluated in terms of the net gain to
environmental, social and economic parameters of community planning. Evidence is provided by
Stantec from one American source that seems to suggest that the total cost of restoring the natural
watercourse "could easily approach $1,000,000." However, no estimate of the cost of the engineering
required to excavate the existing tile drains (it cannot remain in situ), and replace the watercourse
with some type of groundwater collection system (foundation drain collector or "third pipe" system)
that will maintain flow to the two tributaries south of the railroad. A proposal for an additional by-pass
pipe to take water from upstream of Arthur Street around the stormwater management facilities,
discharging downstream is mentioned which mayor may not be a separate system with additional
costs. We are unaware if there is a report available that details how the development will achieve
these engineering requirements, but this will be an expensive undertaking with many costs that
overlap with, and may exceed, that of daylighting.
It is our experience that when faced with an option to bio-engineer a solution (e.g., natural channel
design), as opposed to hard engineering (pipes that will require future maintenance), the costs of
bioengineering are comparatively low. In addition, the proposed piping project (including routing
water from Arthur Street around the SWMP) will have a greater length (following roadways and not
topography) and both projects will be undertaken in sloppy soils with a high water table. There will be
a greater cost to construct in these saturated soils with corresponding dewatering issues. A solution
that requires less excavation with less interference with groundwater conditions reduces costs.
Based on advice from clients who have undertaken natural channel design, estimates for restoration
of the northern connector to Arthur Street (Figure 13) range between $1,400 to $2,000 a metre which
compares well with Stantec's estimate of $1,600. By our calculation, the total costs translate
approximately to $700k to $1,000k based on our experience, or $800k according to Stantec. These
estimates are for sophisticated natural channel designs that handle considerable flow. In the case of
this project, the flows are low, therefore intensive design and engineering will not be required. This is
more of a grading and planting project and therefore the costs are highly unlikely to escalate to seven
figures.
With respect to the costs associated with the design and construction of a piped alterative, we are
unable to develop an accurate estimate without first obtaining additional information regarding the
proposed minor and major drainage systems that would convey the external flows to the downstream
reaches of the Foster Creek tributary (i.e., south of the CPR tracks). We believe that a detailed
estimate that reflects these costs of a piped alterative should be provided by the developer prior to
rejecting the recommendation to daylight the tributary based simply on the notion that it would be
prohibitively costly.
Stantec also estimates that 10 ha within the North Village site would be lost which appears to be the
total of all of the corridor, daylighting and the interior restoration potential shown in green. This figure
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Mr. Dennis Hefferen
June 19. 2009
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is high as the interior polygon is not part of the recommended Greenlands System, but rather
constitutes a restoration opportunity. In extrapolating the costs of the restoration, no mention is made
of the potential to charge more for houses that back on to greenspace, or for houses in
neighbourhoods well serviced by natural areas. Natural England's Accessible Natural Greenspace
Standard (2008) recommends that each home, at a minimum, should be within 300 m of an
accessible natural green space of at least two hectares (ha). In addition, each home should also
have access to:
At least one accessible 20 ha site within two km;
At least one accessible 100 ha site within five km;
At least one accessible 500 ha site within 10 km;
Natural England also recommends that at least two ha of accessible natural green space
be provided for every 1000 population.;
and in doing so the value of the properties are enhanced and the communities benefit from the
ecosystem services provided by the natural areas. Stantec acknowledges that these services are
difficult to calculate; nevertheless they are real and should not be dismissed.
Stantec goes on to conclude that the "potential benefits... will not result in not [sic] major impacts on
the ecology of the subwatershed" without evaluating what those impacts might be.
We do not fully agree that the costs are as high as suggested and that the benefits are as low as
stated by Stantec. However, there are many options in ecosystem design to achieve the desired
outcome. In this case, the desired outcomes include:
The east-west wildlife corridor from Wilmot Creek to Graham Creek,
Connectivity with Site 14,
Maintenance of ecosystem function for the buried tributaries and
A contribution to the increase in forest cover within the Foster Creek Subwatershed to
recover lost ecosystem services.
Stantec proposes other alternative approaches to ecological enhancements:
1. Alternate proposal to wildlife corridor between Foster and Graham Creek corridors.
2. Increase amount of marginal fish habitat in the watershed.
3. Increase the total amount of natural vegetation cover (by replacing most of 10 ha
naturalized areas that would be in North Village Neighbourhood Plan (under FCSPS)
with 10 ha elsewhere).
It is not clear whether these are proposed to be undertaken in concert, or whether they are mutually
exclusive.
(111885JJune19.Q9 Joster. creeK" peer_review doC)
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Mr. Dennis Hefferen
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In an effort to evaluate these proposals we have prepared a matrix that provides comment on their
ability to satisfy the desired outcomes (Table 1):
Table 1
Analysis of Alternative Proposals (Stantec)
The east-west wildlife
corridor from Wilmot
Creek to Graham
Creek
Reduce to 30 m; barriers to
movement remain.
Needs to be extended to Wilmot
Creek however this is outside of
the Village Neighbourhood.
No connectivity
No
Connectivity with Site
14
Maintenance of
ecosystem function
for the buried
tributaries
Increase in forest
cover
Not applicable
No
Water contribution expected to Not applicable
be maintained; thermal regime
cool
Marginal
Marginal?
Enhance core natural areas and
riparian habitat along main branch
by 9 ha but trees are not
sti ulated.
Suggested isolation is
exaggerated as wildlife
underpasses and fencing can
improve permeability.
Riparian habitat along the main
branch may be achieved through
other planning initiatives. Strategic
addition of 9 ha to core areas will
contribute important benefits but
ownership is an issue.
Additional Comment
The resulting narrow corridor
will concentrate wildlife closer to
the rail corridor with expected
wildlife fatalities and rail noise
interference however no
documentation of the
significance of this effect is
available. Need to confirm that
railroad does not require a
larger berm.
All of these actions appear to
be stewardship initiatives and
occur on other owners
properties. Carp exclusion is
very expensive and not
recommended.
A review of the table suggests that if all of these initiatives were undertaken, that a minimum of wildlife
movement would be preserved across the watersheds, water would continue to flow in the tributaries, and
natural cover might be increased with the cooperation of non-participating landowners. The disadvantage
is that connectivity would not be enhanced for Site 14, the potential to increase breeding habitat for area
sensitive forest birds will be lost, the benefits of the rehabilitation of a natural watercourse will not be
realized and recovery of threshold ecosystem services for the residents will not be addressed. Most of the
stewardship actions suggested occur outside of the North Village Neighbourhood which will require
creative implementation plans to ensure that they occur and the timing of the projects relative to the
schedule for development could be an issue.
A recurring theme that implies that the wildlife community is urban tolerant and therefore does not
require management is erroneous. The wildlife community is not all urban tolerant (e.g., Black-and-
white Warbler) and it is for these more sensitive species that ecosystem design has more to offer.
Typical planning for natural heritage systems has done little to take into account the management of
urban tolerant wildlife communities. To say that they are urban tolerant is to say that they forage in
the garbage cans and feast at feeders. More thought needs to go in to what constitutes sufficient
natural area for healthy wildlife populations that are self limiting, and that can support the predators
required to create sustainable natural communities.
(111885JJune19-09_fostp.f_creek_ peer Jevlf'w doc)
\[
( ) ", .-i
\/ I \' I
Page 11
Mr. Dennis Hefferen
June 19. 2009
prepared at the request of counsel
r; f
The LGL letter references the Stantec letter then proceeds to provide additional discussion on the
same themes.
LGL is incorrect in stating that defining concepts of landscape ecology that include corridors, core
habitat, connectors and linkages 'implies that any size criteria that are at variance with those will not
qualify as a productive/sustainable feature" and that "urban/exurban animals cannot and do not
successfully enlist the services of anthropogenic features" . The reason for defining these terms is to
enlighten the reader with respect to how they are used in this report. The science of landscape
ecology is relatively young, and terms are defined differently by different authors. We totally agree
that neither of these premises are accurate, and they are not at all intended by this report.
It is ironic that LGL goes on to criticize the FCSPS for lack of detailed data, then goes on to provide
ambiguous data with no species, no dates (although it appears that data were all collected outside of
breeding dates according to the statement that the area was visited July to December 2007 and
without acceptable protocols). The fact that a wide variety of species were recorded is not at variance
with the FCSPS. The author again evaluates these species in the context of what they are able to
tolerate, rather than what constitutes appropriate habitat, and how these animals can be expected to
be managed into the future on a landscape with so little cover, where even with the urban forest, the
cover is less than a third of recommended thresholds.
It is not clear how the numbers of species recorded from portions of the watershed that are not
specified, assists in the recommendation for the need for a corridor. The Subwatershed study had
sufficient information for this and included ecosystem function well beyond simple lists of species.
The suggestion that the wildlife corridor area should be separate from humanlpet used areas is
appropriate, but that both could be present (wildlife south, people north) in overall 60 to 100 m wide
area. We also agree that road crossings are an issue however underpasses and wildlife funnel
fencing as mentioned earlier would in large part address this issue. Although LGL recommends
meadows adjacent to roads they are not needed if underpasses and wildlife fencing are implemented.
We disagree with LGL in recommending the planting of mainly conifers, especially as White Spruce
and Red Cedar are not often found naturally in the region. The rationale is not provided. A mix of
native species, shrubs and trees native to area is preferred.
LGL incorrectly suggests that Stantec implies there might only be negative impacts to watercourse
(temperature increase and sediment load), but neglects to mention that Stantec more strongly
mentions the potential benefits. It is true that the subwatershed study does not clearly mention
,\1 C.l)
(111885._Uune 19-09_,lostef.Cfeek__ peer__revlewdoc)
Page 12
Mr. Dennis Hefferen
June 19, 2009
prepared at the request of counsel
aquatic benefits of daylighting. It may well be that most daylighting projects are founded on
improvements to aquatic habitat, but this one is focused on many other ecosystem functions, of which
aquatic habitat is only one. AECOM does not understand why LGL considers that increasing the
contribution of nutrients to downstream fish habitat, improving water chemistry, maintaining the
thermal regime through maintenance of groundwater infiltration, riparian plantings and attenuation of
storm flows "provides no apparent fisheries benefits and could be detrimental in the long run to
down-gradient conditions". LGL notes that there is potential for "foreign substances [to be] washed
into the watercourse and general warming of groundwater" both of which can be mitigated. AECOM
does not agree that benefits are limited to fish habitat, nor that daylighting the tributary will have a
deleterious effect on downstream conditions.
The issue of piped groundwater is dealt with in Section 2.1.2 above.
The plan to create corridors and wildlife linkages is not based on anyone attribute. Providing a
relatively wide corridor that can be shared with residents is a good way to keep the wildlife off of the
streets, although we recognize that crossings are inevitable. For that reason, during the development
process consultants for the development industry can be expected to make reasonable
recommendations to mitigate for road kill and road safety issues in the form of state-of-the-art wildlife
underpasses and fencing. A considerable body of science is devoted to increasing the permeability
of the landscape for wildlife of all descriptions. The Greenlands System was recommended based on
an ecosystem approach that considered the need for many species of wildlife, as well as the
maintenance of other ecosystem services. It is not wildlife mismanagement.
The development plan proposes to locate two stormwater management blocks north of the railroad
alignment. LGL suggests that there will be a setback from the CPR lands of 20 to 25 m but does not
provide a rationale for the functionality of this minimal setback. This suggestion is not reflected in the
May 2009 drawing, which shows the constructed ponds immediately adjacent to the property line with
no provision for a terrestrial wildlife corridor. In this configuration, the ponds will provide little to no
cover for wildlife passage, fails to increase natural cover the subwatershed through the creation of a
wide wildlife corridor and there is no indication of how water will be delivered to the two downstream
catchments. The current plan does not satisfy the objectives or recommendations of the FCSPS.
It appears that LGL did not have the current storm water plan on which to base comments and
therefore they are not relevant.
.\1 (\.1
1111f:l85_Uune1 9-09__ foster (:ree~. _ peer feVlew doc)
Page 13
Mr. Dennis Hefferen
June 19. 2009
prepared at the request of counsel
<'.~
"-"I ~
After a careful review by a team of senior and intermediate biologists, engineers and senior
hydrogeologist, AECOM confirms that the recommendations contained within the FCSPS with respect
to landscape connectivity and a preferred treatment of daylighting the buried tributary are justified in
the context of the Vision for the Foster Creek Subwatershed.
However, there is always more than one solution to improve ecosystem function and Stantec offered
some suggestions that are worth considering. At issue is the fact that the key outcomes have not
been achieved by their recommended alternative enhancements.
The Consultant for the development community should reconsider appropriate methods to achieve
the following outcomes:
~ Create an enhanced east-west wildlife corridor from Wilmot Creek to Graham Creek to
facilitate wildlife and human movement,
.. Enhance connectivity with Site 14,
,. Enhance ecosystem function for both buried tributaries and the downstream corridors;
and, Increase forest cover within the Foster Creek Subwatershed to recover lost
ecosystem services based on a defensible rationale.
Note that the reforestation of all of the restoration opportunities identified in Figure 13 constitutes only
4% of the watershed. The restoration and maintenance of wide corridors will not only contribute to
the forest cover, they will enhance habitat for area sensitive species, increase connectivity with Site
14, and increase the thermal regulation for the buried tributaries.
If these outcomes can be achieved in another way the consultants should be encouraged to submit
an alternative design for consideration of the Conservation Authority and the Municipality. Most of the
alternatives offered occur outside of the North Village Neighbourhood lands and will require
commitments from the Municipality, non-participating landowners and the developer of the North
Village Neighbourhood who would contribute funds to buying lands near the core natural areas as
compensation for not following Greenlands System. These are significant commitments when
compared to finding a solution within the North Village Neighbourhood lands, where the restoration of
ecosystem services would benefit that emerging community and complement the existing Town of
Newcastle.
Regarding the costs for daylighting the tributary, AECOM and Stantec are more or less in agreement
that $1600 a metre is reasonable. This significance of this cost cannot be evaluated out of the
context of servicing and maintaining ecosystem function across the block. There is no comparison of
the cost to engineer the solution, which is expected to exceed that of the naturalization.
I 111885_uune19-09_fosler_ creek_ peer_review dOC)
i\L(.C):\1
Page 14
Mr. Dennis Hefferen
June 19. 2009
prepared at the request of counsel
In conclusion, it is our hope that we have responded to your concerns to the best of our ability with
the documentation available to us at this time. Please call me to discuss further. Thank you for
asking us to provide this service to the Municipality.
Sincerely,
AECOM Canada Ltd.
&cf~~
Dale Leadbeater, B.Sc., B.Ed.
Senior Biologist
dale.leadbeater@aecom.com
j:'(Cff : C \ c:c;
Brooke R. Smith, 2007,
Assessing the Feasibility of Creek Daylighting in San Franciso, Part 1: A synthesis of Lessons
Learned from Existing Urban Daylighting Projects
City of Redwood, California, General Plan - Conservation Element
Environment Canada, 2004,
How Much Habitat is Enough? A Framework for Guiding Habitat Rehabilitation in Great
Lakes Areas of Concern (Second Edition)
i\ I ('. ( ;\1
(11 1885_I-.June 19-09_ foster__ creek. peer Jevlew doc)
Attachment 1
Figure 13.
The Greenlands System (Foster Creek Subwatershed Planning Study, 2001)
..,
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(11 1885_I_June19-09..fosler_ creek_ peer_review doc)
BY -LAWS
2009-145
2009-146
2009-147
SUMMARY OF BY-LAWS
October 26, 2009
Being a By-law to authorize entering into an Agreement with the
Owners of plan of Subdivision 18T -94027 and any Mortgagee
who has an interest in the said lands, and the Corporation of the
Municipality of Clarington in respect of 18T-94027 (Approved by
Council on September 28, 1998)
Being a By-law to exempt certain portions of Registered Plan
40M-2148 from Part Lot Control (Prestonvale Heights Limited)
(Item 4 of Report #1 )
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) (Item 6 of Report #1)
HANDOUTS/CIRCULA TIONS,
COUNCIL
C/n!#Jglon
MEMO
CLERK'S DEPARTMENT
To:
Mayor Abernethy and Members of Council
From:
Patti L. Barrie, Municipal Clerk
Date:
October 23, 2009
Subject:
COUNCIL AGENDA - OCTOBER 26, 2009
Please be advised of the following regarding Monday's meeting:
DELEGATIONS
See final list of Delegations attached.
STAFF REPORTS
Attached plea~' Report EGD-031-09 - Mill Street, Orono Road Repairs, as listed on the
October 26,2009, genda as Staff Report #2.
Patti L. Barrie, CMO
Municipal Clerk
PLB/cf
Attachment
cc: Frank Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO l 1C 3A6 T 905-623-3379 F 905-623-6506
FINAL LIST OF DELEGATIONS
October 26, 2009
a) Jon Gale - Paving of Bowmanville Tennis Courts (Correspondence
Item D - 1)
b) Cathy Abraham - Report CLD-022-09 - Proposed Election Sign
By-law (Unfinished Business #2)
c) Dale Stewart - Petitions Regarding Green Road Extension North and
Intersections of Aspen Springs Drive West and West Side Drive and
Abernethy Crescent and West Side Drive (Correspondence
Item D - 7)
d) Clark Morawetz - Report PSD-099-09 - Former Boys Training School
and Prisoner of War Camp 2020 Lambs Road, Bowmanville (Item 7 of
Report #1)
e) Kem Majid - Paving of Bowmanville Tennis Courts (Correspondence
Item D - 1)
f) Doug Rombough - 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
(Unfinished Business #3)
g) Greg Milosh - Report PSD-102-09 - Proposed Modification to
Amendment No. 60, Brookhill Secondary Plan (Staff Report #1)
h) Brian Mountford - Report CAO-007-09 - Code of Conduct for Council
Members (Item 12 of Report #1)
i) Brian Mountford - Report CLD-022-09 - Proposed Election Sign
By-law (Unfinished Business #2)
j) Brian Mountford - Report CLD-021-09 - Methods of Conducting the
2010 Municipal Elections (Unfinished Business #1)
k) Ann Harley - Report CLD-021-09 - Methods of Conducting the 2010
Municipal Elections (Unfinished Business #1)
I) Louis Bertrand - Report CLD-022-09 - Proposed Election Sign
By-law (Unfinished Business #2)
m) Louis Bertrand - Report CLD-021-09 - Methods of Conducting the
2010 Municipal Elections (Unfinished Business #1)
Cf!JJJllgtoo
REPORT
ENGINEERING SERVICES
Meeting:
COUNCIL
Date:
Monday October 26, 2009
Report #: EGD-031-09
File#:
By-law #:
Subject:
MILL STREET, ORONO ROAD REPAIRS
RECOMMENDATIONS:
It is respectfully recommended:
1. THAT Report EGD-031-09 be received;
2. THAT the Mill Street, Orono road repair works be added to tender CL2009-22,
Concession Roads 7 & 8 rehabilitation project;
3. THAT the funds required to cover the Mill Street, Orono road repairs in the amount of
$35,000 be drawn from the 2009 Engineering Capital account #110-32-330-83212-
7401;
4. THAT the Mill Street, Orono road repairs works be undertaken and completed in an
immediate and timely fashion.
// ..
/It?'/J I '
/AY/}r.~..
Submitted by: A.S. Cannella, C.E.T.
Director of Engineering Services
~j~.s~
Franklin Wu
Chief Administrative Officer
ASC*jb
October 23, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD..o31-09
PAGE 2
REPORT NO.: EGD..o31-09
PAGE 2
1.0 BACKGROUND
In late July, a section of Mill Street, Orono in the vicinity of house #60 experienced road
damages resulting from the slope failure of the roadside embankment. Upon
investigation it was concluded that the slope failure was attributed to the existing asphalt
gutter being unable to contain and convey water runoff to the nearby outlet. The gutter
failed due to the settlement of the ground supporting the asphalt gutter.
The proposed solution is to construct a concrete gutter for the length of the guiderail
section to properly convey flows to the existing outlet at the south end of the existing
guide rail. Additionally the Operations Department had requested that the concrete
gutter be extended approximately 50 m north on the west side of the road to address
ongoing drainage concerns affecting the resident immediately north of the guide rail at
#60 Mill Street.
The proposed work will require the area below the proposed curb to be excavated,
inspected by a geotechnical consultant and a proper granular road base constructed
under the proposed curb to prevent future settlement. The slope will be backfilled,
compacted, topped with topsoil and seeded. Approximately 12 guide rail posts will also
be replaced to straighten the guide rail.
In order to expedite the repair we have requested Coco Paving Inc., the successful
contractor for the recent tender CL2009-22, Concession Roads 7&8 Rehabilitation, to
provide a quote for the work as an extra to the this tender. The contractor has provided
the following:
$16,340.00 - Part A - Slope Failure Repair
$ 8,150.00 - Part B - Extension of Concrete Gutter
J24,490.00
REPORT NO.: EGD-031-09
PAGE 3
REPORT NO.: EGD-031-09
PAGE 3
Staff have reviewed this quotation and find the project costs to be competitive. In
addition, due to the nature of work and the uncertainty of the base conditions, staff
recommend that a 25% contingency allowance be used for each section resulting in the
following funding requirements for the work:
$20,500 -
$10,500 -
$ 4,000 -
$0 -
$35.000
Part A
Part B
Design/Geotechnical
Inspection (Municipal Staff)
Total Project Costs
2.0 CONCLUSION
It is recommended that the proposed works be undertaken by Coco Paving Inc. in
conjunction with tender CL2009-22, Concession Roads 7&8 Rehabilitation and that the
funding for this work be provided from the unexpended funds from the 2009 pavement
rehabilitation account, #110 32 330 83212 7401. Work under the pavement
rehabilitation account was deferred to 2010 due to the tendering freeze that occurred in
August of this year.
The Director of Finance has reviewed the funding requirements for these works and
concurs with the recommendations.
C'OUV1C II
Oc.+ob0f 6{~ Q..oC4
BTC Delegation to Council
October 26, 2009
Kern Majid, President
lJ The COAA parking problem rears its head constantly
lJ Dl-Correspondence for Direction references the
"parking problem experienced" by the COAA
[J The October 7, 2009 edition of Clarington This Week quotes the
COAA:
:11 "There's an issue and the issue is parking"
lJ Saying a parking problem exists does not make it so.
2
Cl As an analogy, a demand from municipal staff for an X 0/0
headcount increase is easily rejected unless and until staff can:
Ii Provide unassailable evidence of the need for more headcount
II Establish solid statistics of the current and projected long term
workload increases
~ Provide an acceptable cost/benefit analysis for the staff increase
Cl "Parking" is a symptom of the problem:
~ Is any group entitled to expand its activities without limit?
II Is any group entitled to more and more parking to meet its
expanding activities?
[J We will discuss the attendance and parking data provided by the
COAA in their report of June 30, 2009 (the Report)
3
Cl The Report concludes (bullet 2, page 9 and paraphrased):
"...around 125 on-site Rarking spots needed to satisfy
present and expected demand all year long....."
This is a 620/0 increase over existing 77 on-site spaces
Cl No evidence of expected demand in any future year is given, with
no cost benefit analysis
Cl Data provided on present but not expected demand
Cl Assertions such as in paragraph 2, page 8 of the Report that:
The Centre can accommodate (over 150 people) at one time
The frequency of events and rentals at the 200-250 occupant
level are clearly expected to increase
Do not constitute solid evidence of any long term need
(\
[J Core activities at the Centre seem to be (website and publications):
;1'i! Promote well being through affordable programs and activities on
drop-in basis
;1~ Social, physical, educational, informational drop-in community centre
[J Does a parking problem exist relative to these drop-in core activities?
[] Paragraph 2, page 8 of the COAA Report asserts:
!iil! "As our membership grows, regular daily attendance for J:}rograms,
courses and classes will exceed current parking capacity."
[J No evidence that core activities hurt by parking inadequacies
[] Council can legitimately challenge any claim of parking incapacity related
to core activities and must do so whenever such claims are made
5
~~,~
Ill' n
,,,if .~
~ ",.d" #
N:.~i
#
o Non-Core activities seem to be:
m Special Events and Fundraisers (Appendix 1)
ill Tuesday Luncheons (Appendix II)
!lI$ Rentals (Appendix III)
o Report provides data on "frequency of higher attendances at the Center"
o These statistics have biases and must be viewed with care:
II Cover a single 12 month period from almost 11 years of experience
~ Reflect the 2008 one-time high participation 10th year anniversary
celebrations
flll Overstate attendance by including volunteers
It Can be misleading: -includes the September 2008 Registration and
Open House with attendance of 537 persons, including 115 volunteers,
with cars coming and going continuously during the day as a high
attenda nee event
o Does a parking problem exist relative to such non-core activities?
6
[J The number of high attendance events in one short and
high profiled prior period is an unreasonable and
inappropriate measure of future attendances and long term
parking needs
[J Consider the analogy of a recommendation from staff to
expand the public seating capacity by using office floor
space across the hall from the Council Chambers because
on X occasions in the last Y months during the high profiled
"incinerator debates" there was insufficient room to
accommodate the unusually high public attendance
[J Such a staff recommendation would be readily rejected
[J The more credible approach is to base conclusions on
average attendances after first removing data biases
7
o Report sets current on-site parking spaces at 77
o Gives average occupancy at 1.7 per car parked in the study period
o Grassed areas can accommodate 30 cars
o On street parking on Beech Avenue only is 20 cars
o Attendees who walk or are dropped off about 170/0 of total attendances
o Ignored all additional overflow parking on other streets and public lots
o Scenario 1 assumes car pooling on site and off site
o Scenario 2 assumes on-site parking only with 2 or more occupants
otherwise street parking
8
Summer Spaces 1.0 Person per Car 1.7 Persons per Car 2.0 Persons per Car
On-Site 77 77 131 154
On Beech Avenue 20 20 34 40
On Grass 30 30 51 60
Walk-In Traffic 22 38 44
(150/0 of Attendance)
Summer Capacity 149 254 298
Winter Spaces
On-Site 77 77 131 154
On Beech Avenue 20 20 34 40
On Grass 0 0 0 0
Walk-In Traffic 11 18 22
(100/0 of Attendance)
Winter Capacity 108 183 216
9
Summer Spaces 1.0 Person per Car 1.7 Persons per Car 2.0 Persons per Car
On-Site 77 77 131 154
On Beech Avenue 20 20 20 20
On Grass 30 30 51 60
Walk-In Traffic 22 35 41
(150/0 of Attendance)
Summer Capacity 149 237 275
Winter Spaces
On-Site 77 77 131 154
On Beech Avenue 20 20 20 20
On Grass 0 0 0 0
Walk-In Traffic 11 16 19
(100/0 of Attendance)
Winter Capacity 108 167 193
10
o All data taken from Report and accepted as given
o Reflects all attendance data for all events from July 1, 2008 through June
30, 2009 except the Open House & Registration Event
o Volunteers are excluded from the statistics in Report
o Reviewed Winter and Summer Average attendances
o Summer=6 months: July - October of 2008 plus May and June of 2009
o Winter=6 months: November and December 2008 plus January-April 2009
o Number of events averaged shown in parentheses
11
Average Attendance Special Events Tuesday
by Month and Fundraisers Luncheons Rentals
July 2008 101 (2) 44 (4) 153 (2)
August 2008 0(0) 38 (3) 97 (5)
September 2008 132 (5) 101 (4) 108 (3)
October 2008 135 (2) 108 (4) 113 (4)
May 2009 133 (2) 69 (4) 69 (12)
June 2009 160 (2) 88 (3) 35 (2)
Average Attendance in 132 (13) 76 (22) 88 (28)
Summer Months
12
Average Attendance Special Events Tuesday
by Month and Fundraisers Luncheons Rentals
November 2008 164 (1) 86 (4) 94 (5)
December 2008 170 (2) 101 (4) 73 (4)
January 2009 117 (2) 76 (3) 94 (4)
February 2009 113 (2) 81 (4) 63 (6)
March 2009 130 (4) 76 (5) 120 (2)
April 2009 162 (4) 89 (3) 124 (6)
Average Attendance in 142 (15) 85 (23) 93 (27)
Winter Months
Average Attendance in 132 (13) 76 (22) 88 (28)
Summer Months
Average Attendance in Full 137 (28) 80 (45) 90 (55)
12 Months
13
,.~~'"
If
.;\'
(.1.:'.:......1._ T
1$\.. J'
~
~1
Average Attendance Special Events Tuesday
and Fundraisers Luncheons Rentals
Average in Summer Months 132 (13) 76 (22) 88 (28)
Average in Winter Months 142 (15) 85 (23) 93 (27)
Average in Full 12 Months 137 (28) 80 (45) 90 (55)
Summer Spaces 1.0 Person per Car 1_7 Persons per Car 2.0 Persons per Car
Scenario 1 149 254 298
Scenario 2 149 237 275
Winter Spaces 1.0 Person per Car 1.7 Persons per Car 2.0 Persons per Car
Scenario 1 108 183 216
Scenario 2 108 167 193
14
o For Core activities there is no parking problem
o There is also no parking problem for Non-Core activities:
Current capacity, off-site and overflow counting Beech Avenue only, sufficient to
meet average attendances
During the summer months at all car pooling levels
During winter months with car pooling
Except for winter months without car pooling (which is unrealistic)
o For the few exceptional events overflow alternatives are available
o As car pooling becomes the norm, current capacity can adequately meet
the needs even if we assume that average attendance in the biased high
profiled 12 month study period will continue at those levels in the future
o The case made in the Report for parking insufficiency is unconvincing
o The claim that 125 on-site spaces will meet its present and expected
demand all year long is unsubstantiated
o Council must judge if parking is a real or imagined problem
15
o BTC member and Beech Avenue resident for 27 years (since 1982)
o Since 1946 kids in the sandbox "played nicely"
o In 1998 (52 years later) new kids arrived
o Systematic changes at Centre:
Community Care Durham reported to be leaving in 2010
Lions' Nursery School also reported to be leaving in 2010
Rumor has it that the Lions' Club might be leaving
Proposal of June 30, 2009 for the BTC to leave by 2011 and use the
vacated space for expanded parking
o The COAA quote (October 7, 2009 edition of Clarington This Week):
"Older Adults group is feeling unwelcome in their own home"
How should the rest of the kids who live at that home feel?
16
C ()UYl c,'/
--O--c1-Db.eA__i10, - ~oO 7
B n OJ) mCU1 f-fD rc:{.
Report # CLD-021-09
2010 Municipal Election Goals
· Providing a voting process which meets the
principles of the Act
· Meeting or exceeding our obligations under the
Accessibility Customer Service Standards
· Providing a viable solution which is easy
convenient and trustworthy for electors
· Streamlining administrative processes and
· Maintaining quality integrity and accuracy
Options Considered
· Traditional paper ballot
· Vote by mail Including various
· Telephone internet combinations
· Touch-screen of each approach
· Audio
Traditional Paper Ballot
· Advantages
· Secure - voters credentials checked - very difficult
for fraudulent activities
· Timing - everyone votes at same time providing the
full pre-election period for new candidates to 'catch
up' to incumbents
· No incremental costs
· Disadvantages.
· Accessible issues for handicapped and / or voters
who are unable to vote at the appointed time
Various 'Unsupervised' Approaches
· Advantages
· Provide access for those with disabilities
· Potential increase in voter turn out
· Disadvantages
· Open to fraud
· Early vote opportunities put new candidates at a
disadvantage
ssue
I
· Balancing the needs for accessibility while
ensuring a fair and unbiased approach
-- --- ---- -------- -- ---- --- m______ ...______ _____ ___________ ______ _______u______ ______
Recommendation
· Continue with the Traditional Paper Ballet
· Eliminate any further use of mail in voting - this is
the approach most open to voting manipulation
· Take a breath until 2014 to gather more
knowledge on internet approaches
· Recent studies indicate this is still problematic -
e.g. 2006 Montreal election
· Ensure it is really secure before proceeding
· And ensure internet voting occurs on same day and
same time as traditional paper ballot
Report # CLD-022-09
Issue
· Report Recommendation - Restrict the
placement of election signs on Municipal Property
and Road Allowance
Problems with Recommended
Restrictions
· Provides an advantage to incumbents - the fewer
the signs, the more difficult it is for new
candidates to catch-up to incumbents
· Confusing - Ok to put them on Regional Road
allowances but not Municipal Road
allowances??? - will lead to problems
· Inconsistent with Federal and Provincial rules
Recommendation
of signs on
Do not restrict the placement
Municipal Roads.
.
Report # CAO - 007-09
Issue
· Council reaction to the Report on Code of
Conduct for Council Members
· Codes of Conduct provide the following:
· Consistent guidelines on acceptable &
unacceptable behavior
· A yard stick for incumbents and the voting public to
judge behavior
Codes of Conduct are Standard
Practice
· Most municipalities have them for employees and
Councils
· Most businesses have them for employees and
Boards
Reactions by Council Just Don't Hold
Water
· We don't need them - we can judge ourselves??
· The public judges us every 4 years??
How is Clarington Council any different than
other municipalities or businesses?
How could a Code of Conduct do anything but
add value to a well functioning Council?
Recommendation
· Accept the staff report and direct the CAO to draft
a Code of Conduct for Council members.
Election Signs
Comments on Report CLD-022-09
Nuisance Issue, Collateral Damage
· Sign clutter is a nuisance issue
· Potential for collateral damage
- Municipal: underfunded candidates
- Federal/Provincial: independents, smaller parties
· Principle to be respected:
Lowest barrier to entry into election
Clarington :: Bertrand (GPO) :: Signs
C. OUVlL,'/
October 26, 2009
1
October 26,2009
Difficult to comply, enforce
· Complicated rules are difficult for volunteers
to follow - what's municipal, what's regional?
· Enforcement difficult, potentially controversial
(complicated rules, charges of bias for/against
specific candidates)
· Loophole in CLD-022-09: signs allowed on
municipal property utility poles? (contributes
to clutter, sign by-law misses its mark)
Deposit Discriminatory
· Sign deposit disadvantages underfunded
candidates
· Donations smaller at municipal level (no tax
advantages)
· Possible intentional displacement of signs
· Was not in initial planning dept. report
Clarington :: Bertrand (GPO) :: Signs
2
Recommendation
· Pattern Clarington election sign by-law after
Durham Region by-law 79-95
· Limits density of signs by same candidate
· Easier to comply, easier to enforce
· Drop the deposit
Enforcement?
September 2007
Clarington :: Bertrand (GPO) :: Signs
October 26, 2009
3
October 26,2009
Conducting the Election
Comments on Report CLD-021-09
Clarington Council
Mon Oct 26] 2009
Louis Bertrand] Clarington
October 26, 2009
Clarington :: Bertrand :: Elections
Recommendations
· I n-person vote
- Multiple voting locations
· Advance polls
- Two weeks in advance
- Multiple locations
· Mobile poll (accessibility)
- Advance period and voting day
· Special ballots as needed for exceptions
October 26, 2009
Clarington :: Bertrand :: Elections
1
October 26, 2009
No Remote Voting
· Mail and phone flawed} Internet is worse
· Th reats
- Loss of confidentiality
- Coercion, vote selling, voter sol licitation
- Misappropriation of passcode or ballot
- Undelivered or mis-addressed voter cards
- Cannot audit or recount
- Difficult to make last minute updates to voter list
October 26, 2009
Clarington :: Bertrand ;: Elections
I nternet specific issues
· Weak security overall
- Even if server is secure, individual PCs are
vulnerable - System is no more secure than the
weakest link
· No paper trail} recount is impossible
· Still relies on mail to transmit ID & passcode
· Deterrent to novice users
· If server is in US} subject to USA PATRIOT act
October 26, 2009
Clarington :: Bertrand :: Elections
2
October 26,2009
Voting Machines (Optical Scan)
· Must have/save paper ticket for recounts
· Voter must be able to verify that printed ticket
matches scanned choices
· Software must be verified by independent 3rd
party (preferably open source)
October 26, 2009
Clarington :: Bertrand :: Elections
Principles
· One personl one vote
· All eligible voters (and them alone)
· Fair to candidates (incumbents & challengers)
· Observability (scrutineersl media)
· Voter secrecy
· Accuracy: tally reflects voter intent
· Recounts possible
October 26, 2009
Clarington :: Bertrand :: Elections
3
October 26, 2009
In-Person
· Satisfies principles of fair election
· Benefits from long tradition
· Voters and staff familiar with process
· Temp staff salaries benefit locally
· Voter turnout is not an issue (no distinct
downward trend)
October 26, 2009
Clarington :: Bertrand :: Elections
In-Person: Making it work
· Hiring poll staff benefits from local experience
with provincial and federal elections
· Specific training still required for municipal
practice
· Advance polls} mobile poll} special ballots
ensure accessibility
· With sufficient number of polling stations}
election night results obtained fast enough
October 26, 2009
Clarington :: Bertrand :: Elections
4
October 26,2009
Recommendations
· In-person vote
- Multiple voting locations
· Advance polls
- Two weeks in advance
- Multiple locations
· Mobile poll (accessibility)
- Advance and voting day
· Special ballots as needed for exceptions
October 26, 2009
Clarington :: Bertrand :: Elections
5