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Home My WebLink About11/02/2009 ( " I /.,""' /"'.....' /""""',"', ! IJ)f1tJI Ji ( J-j ...J. Elll'l'gizillg Olllm'io C..) GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: November 2,2009 TIME: PLACE: 9:30 A.M. COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) Minutes of a Regular Meeting of October 19, 2009 401 5. PRESENTATIONS No Presentations 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) 601 (a) Greg Milosh, Regarding the Brookhill Neighbourhood Official Plan Review (b) Bill Creamer, D. G. Biddle and Associates, Regarding Report PSD-100-09 (Courtice Homestead Land Corp.) 7. PUBLIC MEETINGS No Public Meetings 8. PLANNING SERVICES DEPARTMENT (a) PSD-100-09 Application to Amend the Clarington Official Plan and 801 Zoning By-Law and for Draft Plan of Subdivision to Permit the Development of 31 Single Detached Dwelling Units Applicant: Courtice Homestead Land Corporation (b) PSD-103-09 Monitoring of the Decisions of the Committee of 832 Adjustment for the Meetings of October 15, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTOf 40 TEMPERANCE STREET, BOWMANVILLE. Ol\JTARIO ,_1 C 3A6 T 905-623-337 G.P. & A. Agenda - 2 - November 2,2009 (c) PSD-104-09 Application For Removal Of Holding Applicant: Arnot Wotten 838 (d) PSD-105-09 Expropriation of 902714 Ontario Inc. (Bruce Brown) CONFIDENTIAL Adjustment to the Appraised Value 9. ENGINEERING SERVICES DEPARTMENT No Reports 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-023-09 Customer Services Standards - Accessibility For 1301 Ontarians With Disabilities Act, 2005 (b) CLD-024-09 Animal Services Quarterly Report - July - September, 1322 2009 14. CORPORATE SERVICES DEPARTMENT (a) COD-062-09 Tender CL2009-43, Seniors & Physically Disabled 1401 Sidewalk and Windrow Snow Clearing Services Revised (b) COD-063-09 Tender CL2009-41, Fuel Tank Requirements at Various 1407 Locations (c) COD-064-09 Holiday Train In Clarington 1411 15. FINANCE DEPARTMENT (a) FND-029-09 Richard Ward's Request to Suspend Tax Sale Process on CONFIDENTIAL his Property 16. CHIEF ADMINISTRATIVE OFFICE No Reports ~9. P. .~.!2:~~11da _____________.~..::l..:._~~_..__~_.._ "~~y~.r!}p.~~,?L.~iLQ g 17. UNFINISHED BUSINESS (a) ESD-012-09 Fire Services Long Service Medals/ Firefighter Recognition 1701 Ceremony (b) COD-033-09 Pay Equity: CUPE Local 74 Union Municipal Act Library: CONFIDENTIAL Mercer Plan Implementation 18. OTHER BUSINESS 19. COMMUNICATIONS 20, ADJOURNMENT C!flrwgron General Purpose and Administration Committee Minutes October 19, 2009 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, October 19, 2009 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Absent: Also Present: Mayor J. Abernethy (attended until 11 :01 a.m., returned at 11 :50 a.m.) Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Councillor Foster Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Director of Engineering Services, 1. Cannella Director of Planning Services, D. Crome Director of Corporate Services & Human Resources, M. Marano Director of Finance, N. Taylor Deputy Chief, Emergency Services, M. Berney Deputy Clerk, A. Greentree Clerk II, J. Gallagher Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Novak announced that, at Regional Meeting last week, the EatSmart Awards were announced and congratulations go out to the following that were recognized for their EatSmart programs: The Pita Pit; Espresso Legatto; and Holy Trinity, Clarke, St. Stephen's, Bowmanville, Clarington and Courtice high schools. Councillor Hooper rose to acknowledge the excellent turnout for the AppleFest this weekend. He thanked staff and volunteers for their work in making AppleFest a - 1 - 401 ClfJ.[ilJgton General Purpose and Administration Committee Minutes October 19, 2009 success and the biggest event ever. In addition, he thanked Waste Management Services for donating the garbage services for the AppleFest. Councillor Hooper also announced the opening of two stores in Bowmanville this weekend: Second Chance and the Bible for Missions Thrift Store. Councillor Hooper noted that this past Thursday he attended the Durham Regional Transit Long-Term Transit Strategy Advisory Committee as an observer. There was a good cross-section of users represented and concerns were raised and opinions were received and acknowledged. Councillor Woo rose to congratulate St. Paul's United Church in celebrating their 175th anniversary this week. He also acknowledged that it was the 175th anniversary of St. Andrews Church. Councillor Woo congratulated the Clarington Concert Band on hosting the 8th Annual Community Band Weekend, consisting of over 60 bands. Sunday was a nice afternoon with 63 people onstage, which provided the attendees with a good afternoon of music. Mayor Abernethy noted that Harvest Ball, a major fundraising event for the Bowmanville Hospital Foundation, is being held Friday, October 23rd at the Clarington Beech Centre. Mayor Abernethy also noted that the Clarington Sports Hall of Fame, with guest speaker Brett Hull, is being held Saturday, October 24th at the Garnet B. Rickard Recreation Complex and that tickets are still available. MINUTES Resolution #GPA-559-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the minutes of the regular meeting of. the General Purpose and Administration Committee held on September 28,2009, be approved. CARRIED PRESENTATIONS 2009 LONG-TERM SERVICE AWARDS Mayor Abernethy expressed his pleasure in acknowledging the 20 employees for their long-term service. The Mayor presented each of those present with a token of the - 2 - 402 Clwillgton General Purpose and Administration Committee Minutes October 19, 2009 Municipality's appreciation. The following employees were recognized for long-term service to the Municipality of Clarington: . 5 years Oliver Bonekat Bob Genosko Brian Goldsworthy Lonnie McBride Larry Postill Becky Rogers Tracey Webster Justin Valckx 10 Years Janet Dauncey Steve Grigg Belinda Mackey MaryAnn Maye Ri::k Pigeon Maureen Wiles-Frost Trixie Wright 20 years Adrian Coolen Linda Coutu Liana Smith 25 years Mark Berney Lori Gordon DAVE HARDY, HARDY STEVENSON AND ASSOCIATES LIMITED REGARDING REPORT PSD-097-09 PORT GRANBY PROJECT, MUNICIPAL CONSENT TO THE EA SCREENING PROJECT Dave Hardy of Hardy and Stevenson Ltd. provided the Committee with a verbal presentation and PowerPoint presentation regarding Report PSD-097-09 with respect to the Municipal Consent to the EA Screening project. -3- 403 Clw:mglOn General Purpose and Administration Committee Minutes October 19, 2009 Mr. Hardy announced that 204,000m3 of waste and 101 ,000m3 of material will be remediated. He was here to give the Committee an update on the progress of the screening project. He reported that Port Hope has completed their licensing and is continuing with the construction phase. He noted that the screening report has concluded that the Port Granby Project will not cause significant environmental effects. With regard to the Public Comment Disposition. there were 188 comments received from 10 intervenors. Eighteen out of the 54 Municipal comments were accepted by the CNSC and further that the Municipal Peer Review Team (MPRT) agrees with the results of the Screening Report. Mr. Hardy provided a summary of the range of comments from the appropriateness of the proposed location; need for more elaboration of technical details; complaints resolution process; property value impacts; community involvement in the monitoring process; geology and groundwater; and human health. With regard to water treatment, the Port Hope Project will be using a different water treatment process and there is a need for explanation. Mr. Hardy reported on the social-economic monitoring and mitigation measures, in particular the need for pre-, during and post-construction strategies. The MPRT wants to ensure that there is a process for both residents and the Municipality to influence the project activities if there are off-site effects. Mr. Hardy noted, that with regard to atmospheric radiation and monitoring, the MPRT believes that the excavation activities should not be initiated if high winds are anticipated; there should be "inside" the fence line monitoring; new low emission off-road equipment should be requested; detailed design documents. Mr. Hardy expressed a need for additional information; a need for as many details as possible before the license hearing. To this end, the MPRT is putting together a sample Follow-Up Program. The MPRT also attended the Port Hope licensing hearing and there were some key issues regarding the Port Granby project with regard to the hold points to ensure that the project is going in the right direction. In terms of future steps, there is a need to assert the role of the Municipality to ensure local interests are addressed. The MPRT recommends that the Municipality work with the PHAI-MO to develop a comprehensive Follow-Up Program to mitigate and avoid effects; ensure that all licensing documents will be reviewed by the Municipality and a report provided to Clarington Council leading up to the Municipality's submission on licensing; and ensuring a strong monitoring role for local residents as well as the Municipality. Mr. Hardy reported the following conclusions: the Screening Report does not anticipate any significant adverse effects from the Project; the Project EA is approved and is now moving to licenBing; the Project as described in the Screening Report reflects the Project has bee~ accepted by the Municipality; and MPRT agrees with the results of the Screening Report. Mr. Hardy confirmed that the Health Canada Survey results would be incorporated. - 4 - 404 Clwington General Purpose and Administration Committee Minutes October 19, 2009 GREG ASHBEE, SENIOR PROJECT ENGINEER WITH GO TRANSIT REGARDING THE EA FOR GO RAIL SERVICE EXPANSION TO BOWMANVILLE Greg Ashbee, Manager of Infrastructure Expansion Planning with GO Transit, provided the Committee with a verbal and PowerPoint presentation regarding the Environmental Assessment for GO Rail Service to Bowmanville. He spoke about the study area (Brock Street in Whitby to the Townline in Bowmanville), study scope (new rail maintenance facility, extension of GO rail service into Bowmanville, evening layover needed at end- of-line), ridership, expansion requirements, service levels, and design/construction. Mr. Ashbee discussed the rail maintenance facility west of Thickson Road, optional service levels (Phase 1 = all day service to Ritson GO; peak-period service to Bowmanville GO; and Phase 2 = all-day service to Bowmanville GO, as demand warrants). Mr. Ashbee also provided a study schedule update to the Committee where he indicated that there was a public open house in June 2009, field data collected, preliminary analysis, stakeholder input, and the "Prior to Notice of Commencement - EA" is 90% complete. Phase 2 includes: Notice of EA Commencement in November, 2009; Public Information Centre #1 in Mid-November; Notice of Completion in March 2010; followed by a 30 day public review; MOE review/decision in 35 days. Mr. Ashbee indicated the following project milestones: EA decision in Spring 2010; design & construction phase in the rail corridor (3 years); design & construction phase for the maintenance yard (4 years); and actual construction dates are dependant upon budget approval ($500-600 million) from the Province. Mr. Ashbee indicated that the firsttrain could be expected in 2013. FAYE LANGMAID, MANAGER OF SPECIAL PROJECTS, REGARDING THE FORMER BOYS TRAINING SCHOOL AND PRISONER OF WAR CAMP 2020 LAMBS ROAD, BOWMANVILLE Faye Langmaid, Manager of Special Projects, provided the Committee with a verbal presentation regarding Report PSD-099-09 pertaining to the Former Boys Training School and Prisoner of War Camp located at 2020 Lambs Road in Bowmanville. Ms. Langmaid indicated that this presentation was with respect to the buildings placed in the Municipal Register and whether the buildings at Camp 30 should remain on the register. She provided the Committee with a brief history of the site. Ms. Langmaid recommended that the following buildings be removed from the register and be demolished: · Soccer Building (Building 1) built since the 1950's · Greenhouse Buildings (Building 6) circa 1931 & 1972 - 5 - 405 ClfJri!Jgron General Purpose and Administration Committee Minutes October 19, 2009 . Fire Hall, Maintenance, Carpentry Shop (Building 7) circa 1927 ***not be demolished at this time*** . Library Storage (Building 8) circa 1950 ***not be demolished at this time*** . Storage Generator/Electrical (Buildings 9 & 10) circa 1958 & 1949 . Industrial Arts (Vocational Shops) (Building 11) circa 1926 ***not be demolished at this time*** . Shed (Building 12) not on 1983 arial . Administration Building (Ferguson Hall) (Building 14) ***not be demolished at this time*** . Sewage Plant (Building 16) circa 1958 . Sports Change House (Building 17) circa 1968 . Pump House & Reservoir (Building 18) circa 1963 Staff recommends that the following buildings not be demolished and that they remain on the register: . Triple Dorm (Building 2) circa 1928 . Kiwanis House (Building 3) circa 1927 . Infirmary (Building 4) circa 1937 . Dining Hall Cafeteria (Building 5) circa 1924 . Gymnasium/Pool Natatorium (Building 13) (But that the addition be demolished) . Jury House (Building 15) circa 1924 Ms. Langmaid confirmed that all six buildings can be designated under Part 4 of the Ontario Heritage Act, but has not been done yet. She also noted that all buildings could be designated under section 5. RECESS Resolution #GPA-560-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the Committee take a 10 minute recess at 11 :01 a.m. CARRIED The meeting resumed at 11 :14 a.m. Mayor Abernethy left the meeting at this time and Councillor Trim chaired as Deputy Mayor. - 6 - 406 Clfl!-illgton General Purpose and Administration Committee Minutes October 19, 2009 DELEGATIONS Kelvin Whalen, from the Kaitlin Group addressed the Committee with a verbal and PowerPoint presentation regarding Report PSD-099-09 pertaining to the Former Boys Training School and Prisoner of War Camp located at 2020 Lambs Road in Bowmanville. Mr. Whalen was here to provide context for the Report. He stated that the property is 112 acres and since the previous tenants vacated the property there has been vandalism and one fire. Based on concerns for the security of property, the Kaitlin Group had asked Council, earlier in the year, to allow for demolition of the buildings. As a result of this request, Council had placed all the buildings on the Municipal Registry. Mr. Whalen informed the Committee of the current solution for a development proposal which would result in a donation of 66 acres to the Municipality providing recreational. green space and pedestrian connections. This proposal would result in the revitalization of the 6 remaining buildings and parking areas (accommodating 220 vehicles). Mr. Whalen stated that the area where the Administration building currently stands could be replaced with a band shell. Mr. Whalen also outlined the residential development proposals on the remaining lands. Mr. Whalen indicated that the Kaitlin Group would, by all means, be looking at joint efforts for funding. He indicated that in the next couple of months they plan to apply for planning approvals and that it would be 1-2 years before there would be movement on the development. Richard Ward addressed the Committee regarding Tax Arrears and his request to defer tax payments, pending an investigation. He requested that his taxes (for property cleanup) be removed from the tax rolls as he was given no notice and no site inspections. He indicated that on May 4th the Order to clean up the property was initiated and further that the $16,000 was not legitimate and he requested an investigation. With regard to the Tim Horton's issue, Mr. Ward indicated that in 1988 the expansion to the parking lot would require a zoning by-law amendment and therefore Mr. Ward asked for this issue to be reviewed. He indicated that, last week, he obtained an unsigned copy of the by-law regarding expansion of the Tim Horton's parking lot and was inquiring whether it was approved and requesting an investigation into this matter. Mr. Ward indicated that a previous investigation resulted in some of his personal property (cars, etc.) being removed from his property in what he suspected was a retaliation about his inquiries regarding Tim Horton's. In conclusion, Mr. Ward urged the Committee to not just receive his delegation for information. Tom Worden addressed the Committee regarding Report PSD-1 01-09, Addition to Municipal Register of Properties of Cultural Heritage Value or Interest regarding his family's property at 1592 Prestonvale. Mr. Worden indicated that he was one of four executors for the Worden estate. He stated that he was not aware that the property - 7 - 407 Cl~!-ilJgron General Purpose and Administration Committee Minutes October 19, 2009 was on the Municipal Register. Mr. Worden stated that the property has been in the Worden family for years and has now been for sale for 1 % years and no expressions of interest. He stated that the feedback from the real estate agent is that it is not a desirable location for a single family dwelling. The building has been uninhabited and the insurance will be removed on December 10, 2009 and will become a liability issue. Therefore, his family has applied for a demolition permit. As a result, Mr. Worden urged that the Committee remove the building from the Municipal Registry and allow the demolition. Vic Suppan was called, but was not present at the meeting for his delegations. Bonnie McFarlane addressed the Committee regarding the Port Granby Project. She indicated that most of the Village of Port Granby was present to support her. Ms. McFarlane stated that several members of Council were present at the open house at the Newcastle Town Hall regarding this project. She also stated that three of the residents were having difficulty selling their homes as a result of the Project. Consequently, Ms. McFarlane was asking for a consultant to be hired to assist in the process and to ease the trauma of having to relocate. This consultant would be engaged, on an hourly basis, and could ensure that justice was applied and the residents could be guided through the process and the impact due to the stigma regarding a "nuclear waste dump" could be mitigated and ensure fairness, ease and transparency. Deputy Mayor Trim clarified that it was a "low-level waste" not a "nuclear waste dump". Councillor Novak chaired this portion of the meeting. PUBLIC MEETING There were no public meetings. PLANNING SERVICES DEPARTMENT MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF SEPTEMBER 3, 2009 AND OCTOBER 1, 2009 Resolution #GPA-561-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-094-09 be received; - 8 . 408 ClwingtfJn General Purpose and Administration Committee Minutes October 19, 2009 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. CARRIED PROPOSAL FOR CLIMATIC ASSESSMENT FOR TENDER FRUITS Resolution #GPA-562-09 Moved by Councillor Robinson, seconded by Councillor Woo 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. CARRIED (See following motion) Resolution #GPA-563-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the foregoing resolution be amended by adding the following, after paragraph 2: "THAT funding in the amount of $2500.00 be committed from the Economic Development Reserve fund to the Climatic Assessment for the Lakeshore Zone for the Commercial Production of Grapes, with the funds flowing through the Clarington Board of Trade, Economic Development Office." MOTION LOST - 9 - 409 ClfJ.!-:illgtnn General Purpose and Administration Committee Minutes October 19, 2009 APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PRESTONV ALE HEIGHTS LIMITED Resolution #GPA-564-09 Moved by Councillor Hooper, seconded by Councillor Woo 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. CARRIED PORT GRANBY PROJECT MUNICIPAL CONSENT TO THE EA SCREENING PROJECT Resolution #GPA-565-09 Moved by Councillor Robinson, seconded by Councillor Trim 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, ~oncluded that the Port Granby Project is not likely to result in significant adverse environmental effects; - 10 - 410 Clfl!illgton General Purpose and Administration Committee Minutes October 19, 2009 AND WHEREAS the Legal Agreement for the Port Hope Area Initiative provides the Municipality of Clarington with the opportunity to determine whether the Port Granby Project as described in the Screening Report is the same as that previously consented to by the Municipality and, if not, whether the Municipality wishes to proceed with the Project; AND WHEREAS the Municipality of Clarington has reviewed the Screening Report for the Port Granby Project and is satisfied that the Project as described therein is substantially the same as the Preferred Option agreed to by the Municipality in June 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. CARRIED AMENDMENT 3 TO THE LEGAL AGREEMENT FOR THE PORT HOPE AREA INITIATIVE Resolution #GPA-566-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-098-09 be received; - 11 . 411 Clflrmgron General Purpose and Administration Committee Minutes October 19, 2009 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. CARRIED FORMER BOYS TRAINING SCHOOL AND PRISONER OF WAR CAMP 2020 LAMBS ROAD, BOWMANVILLE Resolution #GPA-567-09 Moved by Councillor Trim, seconded by Councillor Woo 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. CARRIED ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST Resolution #GPA-568-09 Moved by Councillor Hooper, seconded by Councillor Trim THAT Report PSD-101-09 be received; - 12 . 412 ClfJ!ingtOn General Purpose and Administration Committee Minutes October 19, 2009 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-1 01-09 and any delegation be advised of Council's direction. CARRIED Resolution #GPA-569-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the rules of order be suspended to allow the matter of the Port Granby Project to be discussed at this time. CARRIED PORT GRANBY PROJECT MUNICIPAL CONSENT TO THE EA SCREENING PROJECT Resolution #GPA-570-09 Moved by Robinson, seconded by Councillor Trim 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 Radioactive Waste Management 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. CARRIED Mayor Abernethy chaired this portion of the meeting. - 13 - 413 CI~4Jgl:On General Purpose and Administration Committee Minutes October 19, 2009 RECESS Resolution #GPA-571-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Committee recess until 1 :00 p.m. MOTION LOST Resolution #GPA-572-09 Moved by Councillor NQvak, seconded by Councillor Hooper THAT the Committee recess for a 1 hour lunch break at 12:30 p.m. if the Committee is not adjourned at that time. MOTION LOST ENGINEEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, 2009 Resolution #GPA-573-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report EGD-030-09 be received for information. CARRIED OPERATIONS SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. -14 - 414 Clf1!mgron General Purpose and Administration Committee Minutes October 19, 2009 EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - SEPTEMBER 2009 Resolution #GPA-574-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report ESD-011-09 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. MUNICIPAL CLERK'S DEPARTMENT HEALTH CANADA SURVEY Resolution #GPA-575-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CLD-020-09 be received for information. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CLARINGTON OLDER ADULTS PARKING LOT SNOW CLEARING Resolution #GPA-576-09 Moved by Councillor Woo, seconded by Councillor Hooper 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 - 15 - 415 CI~!ilJglOn General Purpose and Administration Committee Minutes October 19, 2009 THAT the Clarington Older Adults Centre Board and other interested parties on record, be advised of Council's decision. CARRIED FINANCE DEPARTMENT REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - AUGUST 2009 Resolution #GPA-577-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report FND-027-09 be received for information. CARRIED TOWNSHIP OF WOOLWICH'S RESOLUTION FOR REVIEW OF CHAPTER 27, SECTION 5(2) OF THE DEVELOPMENT CHARGES ACT, 1997 Resolution #GPA-578-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-028-09 be received; THAT Council endorse the Township of Woolwich'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. CARRIED - 16 . 416 Clf}!wgron General Purpose and Administration Committee Minutes October 19, 2009 CHIEF ADMINISTRATIVE OFFICER CODE OF CONDUCT FOR COUNCIL MEMBERS Resolution #GPA-579-09 Moved by Councillor Hooper, seconded by Councillor Trim THAT Report CAO-007 -09 be received for information; and THAT Council take no further action on this subject matter. CARRIED ENERGY AUDITS - COURTICE COMMUNITY COMPLEX AND THE FIRE HALL #1 Resolution #GPA-580-09 Moved by Councillor Woo, seconded by Councillor Novak 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. CARRIED UNFINISHED BUSINESS 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 Resolution #GPA-581-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-067 -09 be lifted from the table. CARRIED - 17 - 417 Cl!l!mglOn General Purpose and Administration Committee Minutes October 19, 2009 Resolution #GPA-582-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the Addendum to Report PSD-067-09, which is a status report regarding the 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 be tabled until the October 26th, 2009 Council meeting. CARRIED DELEGATION - RICHARD WARD, REGARDING TAX ARREARS AND A REQUEST TO DEFER TAX PAYMENTS, PENDING AN INVESTIGATION Resolution #GPA-583-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the issues raised during the delegation of Richard Ward be forwarded to the Finance Department for a report. CARRIED PRESENTATION - GREG ASHBEE, SENIOR PROJECT ENGINEER WITH GO TRANSIT REGARDING THE EA FOR GO RAIL SERVICE EXPANSION TO BOWMANVILLE Resolution #GPA-584-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the presentation of Greg Ashbee, GO Transit, be received with appreciation. CARRIED - 18 - 418 ClwillglOn General Purpose and Administration Committee Minutes October 19, 2009 OTHER BUSINESS REPORT OF THE SOLICITOR, DENNIS HEFFERON, ON A CONFIDENTIAL MATTER REGARDING DEVELOPMENT CHARGES Resolution #GPA-585-09 Moved by Councillor Novak, seconded by Councillor Trim THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to Solicitor-Client privilege, including communications necessary for that purpose. MOTION LOST Resolution #GPA-586-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the recommendations contained in the Report of the Solicitor, Dennis Hefferon, on a confidential matter regarding Development Charges, be approved. CARRIED COMMUNICATIONS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA-587-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 12:25 p.m. CARRIED MAYOR DEPUTY CLERK - 19 - 419 DRAFT LIST OF DELEGATIONS GPA Meeting: November 2,2009 (a) Greg Milosh, Regarding the BrookhiJl Neighbourhood Official Plan Review (b) Bill Creamer, D. G. Biddle and Associates, Regarding Report PSD-100-09 (Courtice Homestead Land Corp.) 601 CJ![#}gtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 2,2009 Report #: PSD-100-09 File #: COPA 2007-0001 By-law #: ZBA 2007-0003 and S-C-2007 -0002 Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND FOR DRAFT PLAN OF SUBDIVISION TO PERMIT 31 SINGLE DETACHED DWELLING UNITS APPLICANT: COURTICE HOMESTEAD LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-1 00-09 be received; 2. THAT Amendment No. 68 to the Clarington Official Plan as submitted by Courtice Homestead Land Corporation, to delete Type 'C' Arterial Road (Future Adelaide Avenue) east of Trulls Road, be ADOPTED as indicated in Attachment 4 to this report and that the By-law contained in Attachment 4 be ADOPTED; 3. THAT the application for Draft Approval of the Proposed Plan of Subdivision submitted by Courtice Homestead Land Corporation be APPROVED as contained in Attachment 2, subject to the Conditions of Draft Approval, contained in Attachment 5; 4. THAT the application for Zoning By-law Amendment, submitted by Courtice Homestead Land Corporation be APPROVED as contained in Attachment 6; 5. THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2007-0002 and the Municipality of Clarington be APPROVED as contained in Attachment 7; 6. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation; and 7. THAT all interested parties listed in this Report and any delegations be advised of Council's decision. 801 REPORT NO.: PSD.;100-09 PAGE 2 ~, Submitted by: Da id rome, MCIP, RPP Director, Planning Services a #' ~- Reviewed by: . J f/u(5;[, Franklin Wu /tI Chief Administrative Officer BR/CP/av/df 28 October 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 802 REPORT NO.: PSD-100-09 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Courtice Homestead Land Corporation 1.2 Official Plan Amendment Application: Part A - To delete Adelaide Avenue east of Trulls Road, Part B - To review, in the context of the Clarington Official Plan Review, potential land uses in the portion of the property within Special Study Area 5. 1.3 Subdivision Application: To permit 31 detached lots 1.4 Rezoning Application: To implement the proposed plan of subdivision 1.5 Area: 6.804 hectares (16.813 acres) 1.6 Location: East of Trulls Road, North of Daiseyfield Avenue, Courtice 2.0 BACKGROUND 2.1 In December 2006, Courtice Homestead Land Corporation submitted applications to the Municipality of Clarington to amend the Clarington Official Plan to delete a Type C Arterial Road, Adelaide Avenue, east of Trulls Road. In addition applications for Zoning By-law Amendment and proposed draft Plan of Subdivision to permit 61 single detached dwelling units were submitted. 2.2 The subdivision application proposed to develop all of the applicant's land holdings. During staff review of the three applications it was determined that approximately 100 metres of the subject property and a portion of the 61 unit proposed plan of subdivision extended into Special Study Area 5 - Farewell Heights East. The Clarington Official Plan policies for Special Study Area 5 state that in the absence of coincident physical features only minor deviations to the boundary may be permitted without amendment to the Official Plan provided such deviations do not alter the intent of the plan. 2.3 All of the land added to the Courtice Urban Area in the 1991 Regional Official Plan, generally north of the Adelaide Avenue alignment, was meant to be Special Study Area given the environmental sensitivity of the area. The Clarington Official Plan states the Special Study Area 5 land is not required for residential development in the Plan's timeframe to 2016. 2.4 Planning staff discussed with the applicant and his consultants the fact that the northern portion of the proposed subdivision was within Special Study Area 5. Prior to consideration of any development application within Special Study Area 5 a watershed study for Farewell and Black Creeks must be completed and approved. Once said study is completed only during the next five year review of the Clarington Plan will land area 803 REPORT NO.: PSD-100-09 PAGE 4 requirements be reviewed. The above discussion led to revisions to the applications to have the proposed plan of subdivision only deal with lands south of the Special Study Area, and have the balance of the applicant's land within Special Study Area 5 be deferred to the Official Plan Review. 2.5 A revised proposed plan of subdivision was submitted on May 22, 2007. In addition a planning justification report was submitted in support of the amended applications. The report is summarized as follows: . The eastern termination of Adelaide Avenue at Trulls Road fulfills the Durham Transportation Master Plan, the Adelaide Avenue East Extension Environmental Assessment Report, the new Amendment 114 to the Durham Official Plan, and the Clarington Official Plan once the local plan is made to conform to the above new Durham Official Plan; . The Clarington Official Plan Amendment application would permit the new eastern termination for Adelaide on the west side of Trulls Road, and hence, the proposal, prior to the completion of the above conformity exercise; . The northern 100 metres of the subject property is not functionally part of Special Study Area 5 since it drains south to Farewell Creek, can connect to water and sanitary sewer from the south, and can direct storm water south to the existing Horban Storm Water Management Pond; and . The proposal is an efficient land use, provides more housing and more affordable housing, makes efficient use of infrastructure, and ensures the preservation of natural areas and features, all as per the Provincial Policy Statement. 2.6 The revised proposal is for 31 single detached units ranging from 12.0 to 15.0 metre frontages. Thirteen of the lots will be located abutting Trulls Road with their frontage on the proposed local street. In order to satisfy the Ministry of the Environment requirements for noise attenuation, the applicant is proposing to create a large amenity area in the dwelling's front yard, on the local street. This will allow these lots to be developed without the need of a noise fence along Trulls Road. The developer will be required to plant a cedar hedge screen along the Trulls Road frontage of these lots. Development limits abutting the Provincially Significant Wetland was determined through an Environmental Impact Study administered by the Municipality with the assistance of CLOCA staff. Lots on the east side of the proposed street are setback a minimum of 27 metres from the wetland boundary. 2.7 A stage 1 and 2 Archaeological Assessment was submitted. It reviewed the archaeological potential of the entire subject property (the original 61 unit proposal). The survey approach used was on a 'high potential' site. However, no archaeological material was found and complete clearance of the subject property was recommended. 2.8 The Public Meeting for this Proposal was held November 19, 2007. 2.9 A Conceptual Servicing Report which included a Conceptual Grading Plan and an 'On- street' Parking Plan was submitted on November 20, 2007. 804 REPORT NO.: PSD-100-09 PAGE 5 3.0 3.1 3.2 4.0 4.1 2.10 A Noise Impact Study was submitted January 4, 2008, revised in January 2009, and recently revised and re-submitted July 3, 2009. The latest revision features two options. Option 1 has the dwellings abutting Trulls Road containing their outdoor amenity areas in the front yard, east of and acoustically protected by, the dwellings themselves. Option 2 has the outdoor amenity areas in the rear yard but protected by a 2.75 metre high acoustical fence. Staff does not support this option. 2.11 An Environmental Impact Study (EIS) over three seasons was required for this proposal given the presence of the Harmony-Farewell Iroquois Beach Wetland Complex on and abutting the subject property. The three seasons of field research were completed before December 3, 2008 at which time the Draft EIS Report was released. The EIS Steering Committee met December 17, 2008 to discuss the draft report. It appeared that the lotting at the south end of the proposed subdivision intruded greatly into the required buffer for the wetland complex. On the basis of field work and subsequent surveying a revised plan of subdivision of 31 single detached dwellings was prepared in early May 2009. The EIS Consultant confirmed this plan's compatibility with the above field visit's conclusions and the start of work on the Draft Final EIS Report. This report was submitted to Planning staff on June 12, 2009 and the EIS Steering Committee Meeting reviewed the report on July 9, 2009. The substance was completely affirmed by the Committee and the Final Version of the EIS Report was given to the Municipality on July 21, 2009. An open house was held on September 15, 2009, to present the findings of the EIS to the public. LAND CHARACTERISTICS AND SURROUNDING USES The subject property is fairly flat with the west half being vacant pasture-like area. The east half is valleyland for a tributary of Farewell Creek. The east bank of the valleyland is heavily wooded. The surrounding uses are as follows: North - vacant South - detached dwellings on Trulls Road and Bellman Court with wooded valleyland in between vacant but wooded Trulls Road and beyond, detached and semi-detached dwellings East - West - PROVINCIAL POLICY Provincial Policy Statement The proposed subdivision is planned for a portion of an existing urban area and this provides the opportunity for not only keeping growth in an existing settlement area but for utilization of nearby existing servicing infrastructure and Courtice public service facilities. Urban residential development on Daiseyfield Avenue and Bellman Court is close to the property. The 31 proposed dwelling units will contribute to meeting the 3 year supply of residential land with servicing capacity, appropriate zoning and draft approval or registration. The Provincial Policy Statement also requires the preservation of significant natural heritage features, also accomplished by this proposal. 805 REPORT NO.: PSD-100-09 PAGE 6 4.2 Provincial Growth Plan The proposed subdivision does represent the management of growth, specifically, the directing of development and major growth to a settlement area, that is, the Courtice Urban Area, an area with municipal water and sanitary systems. 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The Durham Regional Official Plan, designates the subject property as Living Area and Special Study Area 3. The lands within Special Study Area 3 are generally north of former Adelaide Avenue alignment and correspond to the Clarington Official Plan's Special Study Area 5. Special Study Areas, including Area 3, require further study to determine their appropriate land use designations. Until this occurs only uses which do not prejudice such further study are permitted. The recently revised 31 unit subdivision plan is completely within the Living Area. Part of the property is also within a Key Natural Heritage/Hydrologic Feature identified in the Regional Plan, hence the required Environmental Impact Study (E.I.S.). Amendment 114 was approved and came into force in 2008. It deleted Adelaide Avenue Extension east of Trulls Road. The applications appear to conform to the new Durham Regional Official Plan. 5.2 Clarinqton Official Plan The Clarington Official Plan designates the property in part as Special Study Area 5, in part as Urban Residential and in part as Environmental Protection Area. The 31 unit subdivision proposal is completely within the Urban Residential designation. Since some of the property is within Environmental Protection Area an Environmental Impact Study (E.I.S.) is required. The Official Plan identifies a Type 'C' Arterial (the Adelaide Avenue Extension) running through the property and it designates the part of the property north of the arterial as Special Study Area 5. A Clarington Official Plan Amendment is required to remove the Adelaide Avenue Extension Type 'C' Arterial from Trulls Road to Courtice Road. The Official Plan Amendment application deals with the above referenced segment of Type 'C' Arterial. The component dealing with the lands in Special Study Area 5 will be referred to the Clarington Official Plan Review. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP)" around the creek tributary and "Agricultural (A)" elsewhere. The "Agricultural (A)" zoning is not consistent with the Urban Residential land use designation or the subdivision proposal and hence, the rezoning application. 806 REPORT NO.: PSD-100-09 PAGE 7 7.0 PUBLIC SUBMISSIONS 7.1 As a result of the public notification process, the Planning Services Department received a number of e-mails and letters. 7.2 A resident on Bellman Court requested detailed information on the proposal, on the development impacts to the forested wetland to the east of the proposal and other areas zoned environmental protection area, and the distance to the Bellman Court subdivision. The response explained the Official Plan Amendment to the delete Adelaide Avenue east of Trulls Road, and that the proposal is subject to an Environmental Impact Study that will keep the proposal out of the environmental protection area and Bellman Court is about 130 metres from the proposal. 7.3 Another Bellman Court household requested detailed information on the proposal and subsequently wrote opposing the proposal since there were no sidewalks on the east side of Trulls Road or the west side of Trulls north of Daiseyfield Avenue, and there are no streetlights by the proposed subdivision. The resident also noted that the animals in the forested area need to be considered in the environmental study which should occur in spring and/or summer. Also noted were the defiencies of Trulls Road north of Daiseyfield Avenue, and the small lot sizes for the area. Particular concern was for the proposal's new residents shortcutting through the forest directly north of Bellman Court to get to the elementary and secondary schools and magnifying an existing problem. 7.4 A Trulls Road resident owning land within Special Study Area 5 wrote a letter stating that if consideration is being given to redesignating a portion of the above Area 5 to residential that in fairness to himself he should be allowed to apply for redesignation of his land. 8.0 AGENCY COMMENTS 8.1 Clarington Emergency and Fire Services had no fire safety concerns, Building Division had no concerns, Hydro One, Rogers Cable and Enbridge had no objections. 8.2 Clarington Operations notes boulevard tree plantings must be well clear of intersection sight lines. 8.3 Durham Region Transit requested a hard surfaced bus stop and shelter on Trulls Road at Road 'A'. 8.4 The Public School Board noted the subdivision would generate approximately 7 elementary students for Courtice North Public School and 3 secondary students for Courtice Secondary School. 8.5 Clarington Engineering Services reviewed the proposal and had no objection in principle. They provided a number of conditions of draft approval. 807 REPORT NO.: PSD-100-09 PAGE 8 8.6 Durham Region Planning had a number of comments and conditions of draft approval. The Department noted the part of the property north of the subject plan was in a Special Study Area and was not part of this proposal. If the portion to the north was in this proposal a Regional Official Plan Amendment would be required. The subject plan, being in an area of high aquifer vulnerability and near a key natural heritage feature, requires protection, which may include buffering, and an appropriate study such as an environmental impact study. The proposed Clarington Official Plan Amendment (deletion of the future Type 'C' Arterial Adelaide Avenue east of Trulls Road) and plan of subdivision appear to conform to the Regional Official Plan. The deletion of the future Type 'C' Arterial - Adelaide Avenue, east of Trulls Road is consistent with protecting significant wetlands and therefore, the Provincial Policy Statement. An Environmental Impact Study has been submitted which examines the impact of the proposed residential development in relation to the adjacent natural heritage feature which is consistent with the protection of natural systems policies of the Growth Plan. The subject lands abut Trulls Road, a Type '8' Arterial, and a noise impact study is required. A Site Screening Questionnaire or a Phase 1 Environmental Site Assessment is to be completed to evaluate potential site contamination on the subject property. An archaeological assessment is also required. Municipal water supply and sanitary sewers can be provided to the proposal from Trulls Road. Since Trulls Road is a Type 'B' Arterial a right-of-way widening that provides for a minimum of 15.0 metres from the existing centreline of Trulls Road and appropriate sight triangles are required. There is a concern that a full intersection midway between Adelaide Avenue and George Reynolds Drive (the proposed access across from Daiseyfield Avenue) could compromise the efficiency and safety of Trulls Road. Transit service is currently provided along Trulls Road from Nash Road to George Reynolds Drive and this transit route will serve the proposal and surrounding areas. Arrangements are to be made for a transit stop on Trulls Road, complete with a shelter and hard surface platform in the northbound lane near the intersection of Road lA' and the "future Adelaide Avenue". Delegated provincial plan review responsibilities and their implications have been reviewed. The Noise Impact Study, recently revised to reflect the 31 single detached dwellings plan and submitted July 3, 2009, has been reviewed by the Region and is considered acceptable. A Site Screening Questionnaire was prepared that indicated no potential sources of environmental contamination associated with the site. The property has a high archaeological potential due to the nearby Farewell Creek tributary but a Stages 1 & 2 Archaeological Assessment for the site has been prepared by Northeast Archaeological Associates. The Clarington Official Plan Amendment is exempt from Regional approval. 808 REPORT NO.: PSD-100-09 PAGE 9 Ten Conditions of Draft Approval were provided - the standard conditions for matters such as street naming, phasing plans and servicing easements and other conditions such as implementation of the final revised noise study, extension of sanitary and water services external to, as well as within, the limits of the subject plan. 9.0 STAFF COMMENTS 9.1 Many of the major issues of this proposal have already been identified and reviewed in earlier sections of this report, the revised submission keeps the proposed subdivision out of the Special Study Area and splits the Clarington Official Plan Amendment Application, by removing of the Type 'C' Arterial (Adelaide Avenue Extension) east of Trulls Road. 9.2 The Regional Transportation Master Plan considered the Adelaide Avenue Extension and concluded that in this case, east of Trulls Road, environmental preservation was of greater value than transportation system linkage. The Regional Official Plan Review Amendment 114 adopted this position. The Adelaide Avenue deletion aspect of the above-mentioned official plan amendment is consistent with the Regional Plan. Environmental preservation is considered the greater good since a major component of the Provincially Significant Harmony-Farewell Iroquois Beach Wetland Complex is located east of Trulls Road and also extends onto the east portion of the subject property. 9.3 An Environmental Impact Study (E.I.S.) included a three season study resulting in the staking of the limits of the wetland complex and the required buffer (see Attachment 2). The subdivision proposal was revised to the final version of 31 single detached dwellings. The recommendations of the Environmental Impact Study were presented to the surrounding neighbourhood at an open house held at the Courtice Community Complex on September 15, 2009. The recommendations appeared to be accepted by most of the residents in attendance. One resident provided a written comment that questioned the reduction of the buffer from 30 metres to 27 metres. It is noted that the environmental consultant hired to do the Study, senior Central Lake Ontario Conservation staff and senior municipal staff all walked and staked the site and concluded that the reduction of the buffer width to 27 metres at the south end of the Proposal was acceptable. 9.4 Special Study Area 5 or any part of it will not be considered in dealing with this application. Instead it will be deferred to the Clarington Official Plan Review or later. 9.5 The Municipality's Official Plan states that "development along arterial roads will be designed to provide a high quality urban environment with views of housing, street trees and landscape elements. Reverse lotting and acoustical fencing is generally not permitted." Furthermore, as Council is aware, the Corporate Strategic Business Plan for 2007-2010 has an action to "eliminate reverse frontages in new developments". Given the constraints on this site, this is not possible in this situation unless medium density development is proposed. 809 REPORT NO.: PSD-100-09 PAGE 10 A berm was originally proposed on the west side of the proposed subdivision for noise attenuation. This option is not feasible since the required wetland boundary and associated buffer, has necessitated the realignment of the subdivision to the west leaving only two noise attenuation possibilities: the placement of a sufficiently sized outdoor amenity area in the front yard or east of the dwellings on the affected lots (1 to 13, inclusive) to meet the M.O.E. noise guidelines; or, leaving the outdoor amenity area in the rear yard and providing a 2.75 metre acoustical fence on the rear lot line of said lots. The developer has proposed planting a cedar hedge along the rear yards or the Trulls Road frontage and creating outdoor amenity areas in the front yard. It should be noted that the first alternative will still have a standard size rear yard along Trulls Road. To implement this solution, the approval requires that a 0.6 m landscape strip will be part of any rear yard along Trulls Road for the cedar hedge. Only a chain- link fence would be permitted on the property boundary. Any privacy fence would need to be located inside of the landscape strip. A similar clause would be in the subdivision agreement and registered on title. 9.6 The proposed draft plan of subdivision is consistent with the Glenview Neighbourhood Design Plan. The proposed 31 dwellings fit within the 156 dwelling unit allocation for the Future Review/Study Areas north of George Reynolds Drive. Since much of this area has since the 1999 Glenview Neighbourhood Land Use Plan approval been designated Provincially Significant Wetland or otherwise recognized as Environmental Protection Area, the 156 unit allocation will probably not be fully realized. Likewise, the proposed subdivision road pattern is acceptable, serving the proposal itself efficiently and having no impact on other developable areas due to its isolation which is caused by the wetland complex location and, to a lesser degree, existing development. The recommended changes to the Official Plan redesignates the lands within the wetland complex as Environmental Protection Area. 9.7 Taxes for the subject property have been paid in full. 10.0 CONCLUSION 10.1 The proposal has been reviewed in consideration of the comments received from area residents and the circulated agencies, and in consideration of Provincial Policy, the Clarington Official Plan, Zoning By-law 84-63 and the Glenview Neighbourhood Design Plan. Based on the comments provided in this report, staff respectfully recommends that the Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law be approved. 810 REPORT NO.: PSD-100-09 PAGE 11 Attachments: Attachment 1 - Site Location Key Map Attachment 2 - Proposed Plan of Subdivision Attachment 3 - Property's Environmental Conditions and Constraints Attachment 4 - Recommended Clarington Official Plan Amendment and Adopting By-law Attachment 5 - Conditions of Draft Approval Attachment 6 - Zoning By-law Amendment Attachment 7 - Subdivision Agreement By-law List of interested parties to be notified of Council's decision: Glenn J. Genge Darlene Smith John McLeod John Sklavos Mark Foley Hannu Halminen Kevin & Isabella McConkey Brent Willis Libby Racansky Kerry Meydam Walter F. 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J ~-~ .,\ If p "f :'i \ ' ' '-cf ,~., ";0 t ~ ~~, ~ ,,' .\\ Conditions and Constraints -; o AI CD '0 o ;::::!.}> lJ- cnni 00 , =r -"3 oCD ?::l 0- (Ow \' , PURPOSE: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPRETATION: Attachment 4 To Report PSD-100-09 AMENDMENT NO. 68 TO THE CLARINGTON OFFICIAL PLAN To amend the Official Plan of the Municipality of Clarington to delete the planned Adelaide Avenue extension, east of Trulls Road, The modification is to Map B2 - Transportation - Courtice Urban Area being the deletion of the Type C Arterial, east of Trulls Road. Consistent with the Environmental Impact Study, the Environmental Protection Area has been extended westward. The Amendment is based on an application submitted by Courtice Homestead Land Corporation to delete, the planned' Adelaide Avenue extension, east of Trulls Road; and on the recommendations of the Environmental Impact Study. This Amendment, for the Clarington Official Plan, achieves conformity with the Durham Regional Official Plan as amended by Amendment 114. The Clarington Official Plan is hereby amended by deleting on Map A2- "Land Use - Courtice Urban Area", and Map 82 - "Transportation - Courtice Urban Area", the Type 'C' Arterial, between Tn..JlIs Road and Courtice Road, as shown on Exhibits A and B; and by expanding westerly the Environmental protection Area as shown on Exhibit 'A'. The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this amendment. The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this amendment. 815 Exhibit "A", Amendment No. 68 To the Municipality of Clarington Official Plan, Map A2, Land Use, Courtice Urban Area ~.~...._T.....l Ie .. ~ :: e .: :. J.. ~ C.. SPECIAL . . STUDY rerrrl= SPECI L :: AREA 5 ST Y . . , A A6.. I .. .. .. . . . .. . ........... . DELETE "TYPE C ARTERIAL ROAD" ~, ....., I CHANGE FROM "URBAN RESIDENTIAL" TO "ENVIRONMENTAL PROTECTION AREA" @ I I I AI . e Exhibit "B", Amendment No. 68 To The Municipality of Clarington Official Plan, Map 82, Transportation, Courtice Urban Area OFFICIAL PLAN MUNICIPALl1Y OF CLARINGTON JANUARY 2, 2007 REFER TO SECTION 19 THIS CONSOUDATlON IS PROVIOED fOR CONVENIENCE ONLY ANO REPRESENTS REQUESTEO l.tODIFlCATlONS AND APPROVAlS r----- I I I I -1-~~'~;~~4-,- '.' '\ It.'. ;; [ t, DELETE "TYPE C ARTERIAL ROAD" ff E ","'". " I',.""w",. URBAN BOUNDARY : FREEWAY lYPE A ARTERIAL - - - - lYPE B ARTERIAL .............- lYPE C ARTERIAL COLLECTOR ROAD - - - - - - - REGIONAL TRANSIT SPINE ........... INTER-REGIONAL TRANSIT UNE .~ GO STATION / ~. Ii EXISTING FUTURE FREEWAY INTERCHANGE o ,-, ".) GRADE SEPARATION ./ t~mo 200 400 600 800 m E MAP 82 TRANSPORTATION COURTICE URBAN AREA LAKE ONTARIO Attachment 5 To Report PSD-100-09 CONDITIONS OF DRAFT APPROVAL PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2007-0002 prepared by D.G. Biddle & Associates Ltd., identified as Project NO.1 03072 and Drawing No. DP-1, as revised and plotted September 2, 2009, which illustrates 31 single detached dwelling units, an open space block, a future development block, a road widening block, a permanent 0.6 metre reserve and a road allowance. FINAL PLAN REQUIREMENTS 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendations of the "Noise Impact Study for Courtice Homestead Land Corp.", revised June 2009, prepared by D.G. Biddle & Associates Limited, which specifies noise attenuation measures for the development. The measures shall be included in the municipal subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 5. The Owner is to demonstrate to the Clarington Building Division that prior to the issuance of a building permit, for the dwellings requiring noise attenuation measures, the recommendations of the Noise Study noted in Condition 4, will be implemented. 6. Prior to final approval, the proponent shall engage a qualified professional to carry out, to the satisfaction of the Ministry of Culture, an archaeological assessment of the entire development property, and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 818 Attachment 5 To Report PSD-100-09 Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 7. The Owner shall submit plans showing the proposed phasing of the development to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. The Municipality shall require the preparation of a subdivision agreement for each phase of development. 8. The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 9. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 10. The Owner shall submit a detailed tree preservation plan consistent with the recommendations of the Environmental Impact Study and to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. 11. Any trees to be removed noted in Condition 10, if removed by burning, shall require a permit in accordance with Open Air Burning By-law 2001-113. 12. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 13. Prior to registration of any portion of the subject draft plan the owner must demonstrate how perpetual maintenance of any block(s) identified as "Part Lots or Blocks" will be undertaken. All part lots will be pre-serviced with water, sanitary and storm sewers. Further, the Owner agrees that until such time as the necessary lands are acquired to complete Block 32, these lands shall be graded and seeded. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 14. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 819 Attachment 5 To Report PSD-100-09 15. All land dedications including road widenings, sight triangles and reserves, and all easements, as required by the Municipality of Clarington for this development must be granted to the Municipality of Clarington free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. 16. The Owner shall convey Block 34, Open Space Block, to the Municipality of Clarington. 17. The Owner shall dedicate Block 33 to the Municipality of Clarington as a temporary easement, until an alternative easement has been secured in order to provide access to Block 34. 18. The Owner shall convey a 5.18 metre road widening shown as Block 35 across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Trulls Road. 19. The Owner shall convey the 0.6 metre reserve shown as Block 36 on the draft plan, to the Municipality of Clarington. 20. The Owner shall cause all utilities, including hydro, telephone and cable television, within the streets of this development to be installed underground, for both primary and secondary services. 21. Although the lands north of Road 'A' cannot be considered for development at this time, the proposal indicates how these lands may develop in the future. The Owner will be 100% responsible for the cost of "stubbing" water, sanitary sewer and storm sewer services in a manner that accommodates future development to the north of Road "A', if and when it occurs, to the satisfaction of the Director of Engineering Services. 22. The engineering drawings for this development must be signed, sealed and dated by a Professional Engineer. 23. Dwelling foundations are to drain such that basements must be 0.5 metres above the 100 year HGL. 24. The Owner is required to establish, and be responsible for 100% of the cost of, a geodetic benchmark in the vicinity of the intersection of Trulls Road and Daiseyfield Avenue, which will serve as vertical control for the proposed development. 25. This development cannot proceed until such time that the Municipality has approved the expenditure of funds for the provision of the reconstruction of Trulls Road and any related external works or services such as street illumination, sidewalks etc. which form a connection to the rest of the 820 Attachment 5 To Report PSD-100-09 Courtice Urban Area and which have been included in the Municipality's Development Charge By-law and have been deemed necessary by the Director of Engineering Services to service this development. Alternatively, the development will be permitted to proceed provided that Trulls Road is overlaid with asphalt from the north limit of the existing urbanized road section to the intersection of Trulls Road and Daiseyfield Drive at 100% the expense of the Owner, at the direction of, and to the satisfaction of, the Director of Engineering Services. 26. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 27. The Owner must meet all the requirements of the Engineering Services Department, financial or otherwise. 28. Prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 29. The Owner shall convey land to the Municipality of Clarington for park or other public recreational purposes in accordance with the provisions of the Planning Act. Alternatively, the municipality may accept cash-in-lieu of such conveyance for all or a portion of the required dedication. 30. The Owner agrees to construct a 1.2 metre high chain link fence on the west, or rear lot lines of Lots 1 to 13, together with a 1.8 metre high cedar hedge, as well as on the east or rear lot lines of Lots 14 to 3, to the satisfaction of the Director of Planning Services and Director of Engineering Services. 31. The Owner agrees to include a clause in any Agreement of Purchase and Sale advising future owners of the Municipality's Gate Access Policy to Municipal Open Space. 32. The Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 821 Attachment 5 To Report PSD-10Q-09 33. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 34. The Builder shall include a disclosure in all purchase and sale agreements advising home buyers of Municipal parking regulations, to the satisfaction of the Director of Planning Services. 35. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 36. No building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 37. No residential units shall be offered for sale to the public on said plan until such time architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. 38. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provision: the Owner agrees that the display and marketing materials to be used for this development shall be submitted to the Director of Planning Services and the Director of Engineering Services for approval. Said plans and materials must receive approval prior to issuance of a building permit for a sales facility or model home to be constructed on any Part of the Lands. 39. The Owner shall submit an Energy Management Plan to the satisfaction of the Director of Planning Services outlining various means that the Owner will implement to support energy conservation. In addition, the Owner will prepare a planting plan to the satisfaction of the Director of Planning Services, and shall plant a minimum of one tree in the rear yard of each home. 40. The Owner must place in all agreements of purchase and sale for the lots, a warning: "Existing and potential future agricultural operations are being conducted in the surrounding lands, in compliance with the Clarington Official Plan and Zoning By-law, other municipal and regional by-laws and provincial legislation". 822 Attachment 5 To Report PSD-1 00-09 41. The Owner agrees that where the well or private water supply of any person is interfered with as a result of the subdivision, the Owner shall at his expense, either connect the affected party to a municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 42. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan proposed for registration. 43. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit to, and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including the use of stormwater techniques which are appropriate and in accordance with provincial guidelines; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act. 44. The Owner agrees to carry out the requirements and recommendations of the Courtice Homestead Land Corporation Trulls Road North Environmental Impact Study (June 2009) as prepared by Niblett Environmental Associates Inc. In particular, the Owner shall prepare a landscape plan for the wetland buffer area for review and approval of the Central Lake Ontario Conservation Authority. The Owner shall agree to implement the approved landscape plan prior to final registration of the plan of subdivision. 45. The Owner shall dedicate Block 34 to an appropriate public agency. 46. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing fees and Technical Review fees owing as per the approved Authority Fee Schedule. 823 Attachment 5 To Report PSD-100-09 47. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to carry out the works referred to in Condition 43 44 45 46 and 47 to the satisfaction of the Central Lake , , I , Ontario Conservation Authority. b) The Owner agrees to maintain all stormwater and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. c) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or initiation of anyon-site works. A copy of the fully executed subdivision agreement between the area Municipality and the Owner, will expedite the clearance of Condition 47. 48. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this proposal. 49. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 50. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 51. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the Region. 824 Attachment 5 To Report PSD-100-09 52. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 53. The Owner is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all affected utility providers and the Director of Engineering Services. 54. The Owner shall grade all streets to final elevation prior to the installation of the services and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of local utility provider and to the Director of Engineering Services. 55. The Owner is hereby advised that prior to commencing any work within the Plan, the Owner must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for connection to and/or extension of the existing communication/telecommunication infrastructure. If the Owner elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Owner shall be required to demonstrate to the Municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of the communication/telecommunication services for emergency management services (i.e., 911 Emergency Services). 56. The Owner shall agree to provide easements that may be required for telecommunications services to the satisfaction of the service provider and the Director of Engineering Services. Easements may be required subject to final servicing decisions. 57. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Director of 825 Attachment 5 To Report PSD-100-09 Engineering Services and the Central Lake Ontario Conservation Authority. c) The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Central Lake Ontario Conservation Authority. d) That the Builder include a disclosure in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. e) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: i) "Due to the proximity of this plan to Trulls Road purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants." ii) "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent Trulls Road may occasionally interfere with some activities of the dwelling occupants." jji) Purchasers and tenants notified that there are existing farming operations nearby and that they will not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices: f) The Owner agrees to implement those noise control measures recommended in the Noise Report required in Condition 4. g) The Owner agrees to register on the title of all lots a notice to indicate that both the present Owner(s) and future Owner(s) are fully aware of the existence of farming operations nearby and will not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices. 58. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Regional Municipality of Durham, how Conditions 4, 6, 7, 49, 50, 51, and 52 have been satisfied; b) Central Lake Ontario Conservation, how Conditions 43, 44, 45, 46 and 47 have been satisfied; and 826 Attachment 5 To Report PSD-100-09 c) Enbridge Gas Distribution, how Conditions 53 and 54 have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, ON L 1 N 6A3 (905-668-7721); and b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, ON L1H 3T3 (905-579-0411). c) Enbridge Gas Distribution, Area 45 Records Coordinator, P.O. Box 650, Scarborough, ON M1 K 5E3 827 J-\uacnmem 0 To Report PSD-100-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2007-003; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 12.4.77 and 12.4.78 as follows: "12.4.77 URBAN RESIDENTIAL EXCEPTION (R1-77) ZONE Notwithstanding Sections 3.1 j. iv) and 12.1, those lands zoned R1-77 on the Schedules to this By-law shall only be used for a single detached dwelling, subject to the following regulations: a) b) Lot Area (minimum) Lot Frontage (minimum) i) Exterior Lot Yard Requirements (minimum) i) Front Yard 450 square metres 18.0 metres c) 6.5 metres to dwelling 4.5 metres to unenclosed porch ii) Exterior Side Yard 4.5 metres to dwelling; 2.5 metres to unenclosed porch 7.5 metres iii) Rear Yard d) Lot Coverage (max.) 45% for dwelling 50% for all structures "12.4.78 URBAN RESIDENTIAL EXCEPTION (R1-78) ZONE Notwithstanding Sections 3.1 j. iv) and 12.1, those lands zoned R1-78 on the Schedules to this By-law shall only be used for a single detached dwelling, subject to the following regulations: a) Lot Area (minimum) 420 square metres b) Lot Frontage (minimum) i) ii) Interior Lot Exterior Lot 13.5 metres 16.8 metres 828 c) Yard Requirements (minimum) i) Front Yard 7.5 metres to dwelling; 4.5 metres to unenclosed porch ii) Exterior Side Yard 4.5 metres to dwelling; 2.5 metres to unenclosed porch iii) Interior Side Yard 1.2 metres on one side and 0.6 metres on the other with attached private garage or carport iv) Rear Yard 7.5 metres d) Lot Coverage (max.) 45% for dwelling, 50% for all structures 2. Schfldule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Environmental Protection (EP) Zone"; "Agricultural (A) Zone" to "Urban Residential Exception (R1-77) Zone"; "Agricultural (A) Zone" to "Urban Residential Exception (R1-78) Zone"; and "Agricultural (A) Zone" to "Urban Residential Exception (R2-55) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 829 This is Schedule "A" to By-law 2009- passed this day of , 2009 A.D. Patti L. Barrie, Municipal Clerk Jim Abernethy, Mayor ~ Zoning Change From "A" To "R2-SS" ~ Zoning Change From "A" To "R1-77" [E] Zoning Change From "A" To "R1-78" ~ ~ Zoning Change From "A" To "EP" ~:;~ Zoning To Remain "EP" , tv ~ tv JJ ZBA 2007~003 830 Attachment 7 To Report PSD-100-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to authorize entering into an Agreement with the Owner(s) of Draft Plan of Subdivision S-C-2007-0002, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of S-C-2007-0002 WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2007-0002 has received Draft Approval and intends to proceed to Final Approval and enter into a Subdivision Agreement with the Municipality; and NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an Agreement between the Owner of Draft Plan of Subdivision S-C-2007- 0002. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality of Clarington, the said conveyances of Lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 831 Cl!J!.#1glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, November2,2009 Report #: PSD-103-09 File No's: A2009-0037 through A2009-0039 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF OCTOBER 15, 2009. RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-103-09 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on October 15, 2009 for applications A2009-0037 through A2009-0039 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: David rome, MCIP, RPP Director of Planning Services Reviewed by: ~ / '~ F ran 11~ wu: ~ Chief Administrative Officer {&i October 27, 2009 MM/CP/av/df CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 832 REPORT NO.: PSD-103-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a 'hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISION OF COMMITTEE OF ADJUSTMENT FOR October 15, 2009 A Iication Number Staff Recommendation Decision of Committee A2009-0037 A rove A rove A2009-0038 A rove A rove A2009-0039 A rove A rove 1.2 Application A2009-0037 was filed to permit an increase in maximum number of individual business establishments with a total floor area less than 300 square metres, but greater than 100 square metres from 4 to 6 units and to permit a medical or dental clinic to be located on the first floor of a building, where the By-law requires such use to be on the second floor. At the Committee of Adjustment meeting on October 1, the Committee, having only four members present, were unable to make a decision to approve or to deny, as the vote was split evenly. All motions were lost due to the split vote and the Committee decided to table the application until the next available meeting. Additional materials were provided to Staff and Committee in advance of the meeting on October 15, 2009, to address the concerns of the Committee from the October 1, 2009 meeting. Staff's recommendations were unchanged from the original comments and the Committee was satisfied with the materials provided by the applicant. The Committee concurred with Staff's recommendations and approved the application. 1.3 Application A2009-0038 was filed to permit the construction of a single detached dwelling by reducing the required exterior side yard setback from 6 metres to 5.5 metres and by increasing the maximum permitted projection of an unenclosed porch and steps into a required exterior side yard from 1.5 metres to 1.8 metres. The Committee concurred with Staff's recommendations and approved the application. 1.4 Application A2009-0039 was filed to permit the construction of an attached deck (unenclosed) by increasing the maximum permitted total lot coverage from 40% to 47%. The Committee concurred with Staff's recommendations and approved the application. 833 REPORT NO.: PSD-103-09 PAGE 3 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2009-0037 through A2009-0039 are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2009-0037 through A2009-0039 is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment (October 15, 2009) 834 . ......"IIIII~rH -, To Report PSD-103-09 ClfJ!iQglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: HALLOWAY DEVELOPMENTS LIMITED HALLOWAY DEVELOPMENTS LIMITED PROPERTY LOCATION: FILE NO.: 2378 HIGHWAY 2, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWNSHIP OF DARLINGTON A2009-0037 PURPOSE: TO PERMIT AN INCREASE IN THE MAXIMUM NUMBER OF INDIVIDUAL BUSINESS ESTABLISHMENTS WITH A TOTAL FLOOR AREA LESS THAN 300 M2 BUT GREATER THAN 100 M2 FROM FOUR (4) TO SIX (6) AND TO PERMIT A MEDICAL OR DENTAL CLINIC TO BE LOCATED ON THE FIRST FLOOR OF A BUILDING FOR A NON-RESIDENTIAL USE. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT AN INCREASE IN THE MAXIMUM NUMBER OF INDIVIDUAL BUSINESS ESTABLISHMENTS WITH A TOTAL FLOOR AREA LESS THAN 300 M2 BUT GREATER THAN 100 M2 FROM FOUR (4) TO SIX (6), RESULTING IN A MAXIMUM OF FOUR (4) INDIVIDUAL BUSINESS ESTABLISHMENTS TO BE CONSTRUCTED IN PROPOSED BUILDING "E" (2378 DURHAM HIGHWAY 2) AS SHOWN ON THE APPROVED SITE PLAN AND TO PERMIT A MEDICAL OR DENTAL CLINIC TO BE LOCATED ON THE FIRST FLOOR OF BUILDING "E" WITHIN THE "STREET-RELATED COMMERCIAL EXCEPTION (C9-3)" lONE, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: October 15, 2009 LAST DAY OF APPEAL: November 04, 2009 835 Cl!Jl.#1glOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: 673666 ONTARIO LIMITED/CITY HOMES HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 61 HOCKLEY AVENUE, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN OF BOWMANVILLE A2009-0038 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.5 METRES AND BY INCREASING THE MAXIMUM PERMITTED PROJECTION OF AN UNENCLOSED PORCH AND STEPS INTO A REQUIRED EXTERIOR SIDE YARD FROM 1.5 METRES TO 1.8 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.5 METRES AND BY INCREASING THE MAXIMUM PERMITTED PROJECTION OF AN UNENCLOSED PORCH AND STEPS INTO A REQUIRED EXTERIOR SIDE YARD FROM 1.5 METRES TO 1.8 METRES, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: October 15, 2009 LAST DAY OF APPEAL: November 4, 2009 836 Clwmgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DAVID GILLARD DAVID GILLARD PROPERTY LOCATION: 102 COURVIER CRESCENT, BOWMANVILLE PART LOT, CONCESSION FORMER TOWN OF BOWMANVILLE A2009-0039 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (UNENCLOSED) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 40% TO 47%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (UNENCLOSED) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 40% TO 47% AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: October 15, 2009 LAST DAY OF APPEAL: November 4, 2009 837 ClfJ!illglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 2,2009 Report #: PSD-104-09 File #: ZBA2006-0031 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: ARNOT WOTTEN RECOMMENDA TIONS: It is respectfully recommended. that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-104-09 be received; 2. THAT the application submitted by Arnot Wotten to remove the Holding (H) symbol be APPROVED; 3. THAT the attached By-law to remove the Holding (H) symbol be PASSED and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Davi J. Crome, MCIP, RPP Director of Planning Services /l Reviewed by: {k~ Franklin Wu ' ~,l/ Chief Administrative Officer SA/CP/df/av October 27, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0830 838 REPORT NO.: PSD-104-09 PAGE 2 1 ,0 APPLICATION DETAILS 1.1 Applicant: Arnot Wotten 1.2 Location: 5710 Solina Road, Solina, Part Lot 25, Concession 5, former Township of Darlington (Attachment 1) 1.3 Rezoning: Removal of Holding (H) symbol from "Holding - Residential Hamlet ((H)RH" 2.0 BACKGROUND 2.1 On December 1, 2006, Staff received a request from Arnot Wotten for the removal of the Holding (H) symbol from the subject lands. The application was submitted concurrent with land division applications for three (3) lots. One parcel was approved by the Land Division Committee in 2007 as a new lot subject to conditions. The other two proposed lots remain tabled by the Land Division Committee until the completion of a comprehensive Hydrogeological study. 2.2 The Owner, Arnot Wotten, has met the requirements of the Land Division Committee's decision for the north lot. He is now selling the property and there is a Holding symbol on the lot. This Holding symbol prevents the issuance of a building permit until all municipal requirements have been satisfied. 3.0 COMMENTS 3.1 The subject lands are located within the hamlet boundary of Solina. The proposed lot to have the Holding symbol removed will front on Solina Road and be known as 5730 Solina Road. 3.2 The land division application was submitted concurrently with two other land division applications to create a total of three (3) new lots. Two of the applications were tabled for up to one year to allow the applicant time to complete technical reports that demonstrate there is no adverse impact on adjacent wells and septic systems. (See Attachment No.1) The applicant was allowed to proceed with one lot. 3.3 The applicant met with Municipal staff prior to submitting the land division applications. This enabled the applicant and staff to ensure that other lands owned by the applicant located within the hamlet boundary of Solina do not become landlocked by the development of the three lots fronting on Solina Road. A sufficient area of land was left for future development of a local road when or if the remainder of the property is developed. 3.4 Currently the retained lands are vacant and are used for agriculture. The future 407 route does not impact the proposed lot although it does traverse through the retained parcel approximately 330 metres further south of the severed lot. 839 REPORT NO.: PSD-104-09 PAGE 3 3.5 Policies within the Municipality of Clarington's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: · Services and municipal works; · Submission of technical studies; · Measures to mitigate the impact of development; Execution of appropriate agreements; and/or · Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. The approval of a by-law to remove the holding symbol from the lands subject to LD006/2007 is appropriate at this time, as the provisions within the Municipality's Official Plan have been satisfied. 3.6 The Finance Department has indicated that all taxes have been paid for the subject lands. 4.0 RECOMMENDATION 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: Arnot Wotten 840 en ~ o <( o 0:: <( z - ...J o en HAMLET . BOUNDARY J Property Location Map ( Solina ) ~ Subject lands ~ Other lands Owned By Applicant ~ Other lands Owned By Applicant -Tabled By land Division ZBA 2006-0031 ZONING BY-LAW AMENDMENT -I o ::;0 (1) '0 o ;1)> "'O~ CI>!>> 00 I ::J" -"3 0(1) ~::J 0- <0 -" Owner: Arnot Wotten Attachment 2 To Report PSD-104-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement LD 006/2007; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "8" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Residential Hamlet ((H)RH) Zone" to: "Residential Hamlet (RH) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY -LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY -LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Pattie L. Barrie, Municipal Clerk 842 co +:> w cnJ o r Z )> WASHINGTON ROAD RUNDLE ROAD ~ c... ::i" }> 0- ~ ~ ~ ::T ~ ;:: o '< ~ ~ I -" -u 8: , rn ~ 3D' ::rl ~ ~I-I C }> Z :;:: o r }> m ;;0 -i -<- I ROAD ;:: c ~ o. -0. Q. (") ~ ^ SaLINA - . - "C 0) tn tn CD a. -I :r -. tn -. tn en n :r CD a. c: - CD .. :a> .. .. ... :r -. tn a. 0) '< o .... ... o m '< I - 0) ~ I\) o o co I I\) o o co )> . C \01 C:~!J!mgton - - REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 2,2009 Report #: CLD-023-09 File #: By-law #: Subject: CUSTOMER SERVICES STANDARDS - ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-023-09 be received; and 2. THAT the Customer Service Standard Policy included as Attachment No.1 to Report CLD-023-09 be approved and incorporated into Corporate Policy. Submitted by: d~~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1301 REPORT NO.: CLD-023-09 Page 2 of 3 1.0 BACKGROUND AND COMMENT 1.1 The Accessibility for Ontarians with Disabilities Act (AODA), was passed in 2005 and includes five standards addressing: . Customer Service . Transportation · Accessible Information and Communications . Accessible Built Environment . Employment Accessibility The first of the standards to be passed is the Customer Service Standard, which came into effect January 1, 2008 and municipalities and other designated public sector organizations must comply with the regulation by January 1, 2010. The main areas covered by the Regulation are: · Development of policies, practices, procedures · Service animals and support persons · Training of employees · Provision of notice of disruption · Establishment of a system for feedback · Reporting requirements 2.0 ACTIONS TAKEN TO DATE 2.1 In order to ensure compliance with the Customer Service Standard, Accessibility Experts Ltd. was contracted to work through the requirements with staff. A committee comprised of representation from each department was formed and together have drafted the various policies required under the legislation. Attachment NO.1 contained herein is the Customer Service Standard Policy which is being recommended to be 1302 REPORT NO.: CLD-023-09 Page 3 of 3 adopted by Council. This policy has been reviewed and approved by the Accessibility Advisory Committee. 2.2 The standard requires that every person who deals with members of the public or who participates in developing the municipality's policies, practices and procedures governing the provision of goods and services to the public will receive training regarding the provision of goods and services to persons with disabilities. This training has commenced through our contract with Accessibility Experts Ltd. and is well underway. As well, three staff members have completed "train the trainer" training sessions and are now able to provide ongoing training. Methods of providing training to volunteers, agents, and contractors will be devised in the near future. 2.3 The staff committee will continue to meet on a quarterly basis to review and analyze any feedback received which impacts accessibility. 3.0 RECOMMENDATIONS It is respectfully recommended that the Customer Service Standard Policy attached hereto as Attachment NO.1 be approved and incorporated into Corporate Policy, in accordance with the AODA. 1303 Cl~mgron Attachment No.1 to Report CLD-023-09 Administrative and Corporate Policies H - ACCESSIBILITY - CUSTOMER SERVICE STANDARD Section: Category: Subsection: Application: H Operations H All Employees Date Approved: Last Revised: Approved by: Council 1. Purpose: Under the Accessibility for Ontarians with Disabilities Act, 2005 all municipalities must meet the requirements of accessibility standards established by regulation. This policy establishes the accessibility standards for customer service for the Municipality of Clarington, in accordance with Ontario Regulation 429/07 and applies to all employees of the Municipality of Clarington, agents, volunteers and contracted service staff. 2. Policy: The Municipality of Clarington is committed to providing exceptional and accessible service for its customers. Goods and services will be provided in a manner that respects the dignity and independence of all customers. The provision of services to persons with disabilities will be integrated wherever possible. Persons with disabilities will be given an opportunity equal to that given to others, to obtain, use or benefit from the goods and services provided by and on behalf of the Municipality of Clarington. 3. Procedures: Customer Service Policies, Practices and Procedures: The Municipality of Clarington will make reasonable efforts to ensure that its policies, practices and procedures are consistent with the core principles of the standard: . dignity; · independence; Page 1 of 18 1304 · integration, except when alternate measures are necessary to meet the needs of people with disabilities; and . equal opportunity. By considering these principles when developing policies, practices, and procedures, accessibility planning becomes established within the policy and procedure development process. Accessibility Training Procedure Every person who deals with members of the p!Jblic or who participates in developing the Municipality of Clarington's policies, practices and procedures governing the provision of goods and services to the public, including Municipality of Clarington staff, volunteers, agents, contractors and others who provide service on behalf of the Municipality of Clarington, will receive training regarding the provision of goods and services to persons with disabilities. The training will include the following information: a) the purposes of the Accessibility for Ontarians with Disabilities Act; 2005; b) how to interact and communicate with persons with various types of disabilities; c) how to interact with persons with disabilities who use an assistive device or require the assistance of a service animal or support person; d) how to use equipment made available by the Municipality of Clarington to help people with disabilities to access goods and services; and e) what to do if a person with a disability is having difficulty accessing the Municipality of Clarington's goods and services. Training will be provided to each person according to his or her needs and duties and as soon as is practicable after he or she is assigned the applicable duties. Training will be provided on an ongoing basis in connection with changes to policies, practices and procedures governing the provision of goods or services to persons with disabilities. A record of the dates on which training is provided and the number of individuals to whom it is provided will be kept. A summary of the training is provided in Appendix B. Notice of availability of documents The Municipality of Clarington will provide the public notice of the availability of the documents required by the Accessibility Standards for Customer Service, (0. Reg 429/07). A copy of the documents will be given upon request. Notice of availability will be provided on the Municipality's web site, www.clarinQton.net and through other methods. Page 2 of 18 1305 Format of documents Where the Municipality of Clarington is required by the Accessibility for Ontarians with Disabilities Act, 2005, to give a copy of a document to a person with a disability, the Municipality of Clarington will take into account the person's ability to access the information and will provide the document or information contained in the document in a format that meets those needs as agreed upon with the person. Notice of Temporary Disruptions Appendix C addresses the Notice of Temporary Disruptions. Use of Service Animals and Support Persons Appendix D addresses the use of Service Animals and Support Persons. Feedback Process Appendix E addresses the Feedback Process. Assistive Devices Appendix F addresses the use of Assistive Devices. 4. Appendices: A - Definitions B - Training Contents Summary C - Notice of Service Disruption D - Service Animal/Support Person E - Feedback on Services F - Assistive Devices Page 3 of 18 1306 APPENDIX A TO POLICY H Definitions Accessible Customer Service means customer service is provided in a manner that is capable of being easily understood or appreciated; easy to get at; capable of being reached, or entered; obtainable. Assistive Device means any device that is designed and/or adapted to assist a person to perform a particular task (for example, canes, crutches, walkers, wheel chairs, personal sound amplification devices, ventilators, etc.). Disability means: a) Any degree of physical infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impairment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog, or other animal or on a wheelchair or other remedial appliance or assistive device; b) A condition of mental impairment or a developmental disability; c) A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; d) A mental disorder; or e) An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997. Page 4 of 18 1307 APPENDIX B TO POLICY H Accessible Customer Service Training Total: % day 1. Introduction/Clarification (5 mins) Disability affects most of us; either ourselves or someone we know. As the population ages, we will have an increase in the number of people with disabilities in our communities. How can we make sure that all people have the opportunity to participate fully in Ontario communities? The Ontarians with Disabilities Act (ODA) and the Accessibility for Ontarians with Disabilities Act (AODA) are pieces of legislation that have been made law by the Province of Ontario to ensure that our province is accessible by the year 2025. . About 15.5% of the population currently has some form of disability. . The number of people with disabilities is increasing as population ages. . Review disability types. 2. Ice-BreakerlWarm-up Exercise (15 mins) Ask people to indicate whether they themselves, relatives or friends have a disability as described in the disability types. Follow up: Are the statistics accurate? Would increasing the level of accessibility assist those people we know? 3. Understanding the Legislation (20 mins) Description: Lecture style review of the ODA and AODA, the legislated requirements for an Accessibility Advisory Committee and an Annual Accessibility Plan, the provision of the various regulations and the specific requirements of the Customer Service Standard and upcoming standards. Objectives: . Learn about the legislation. · Consider how the legislation contributes to the goal of an accessible Ontario. Page 5 of 18 1308 4. Providing Customer Service to People with Disabilities (25 mins) Description: Large group discussion to include an overview of what accessible customer service is and how it applies to the work environment. A review of the current policies, procedures and practices, as established, that support accessible customer service. Discuss the types of assistive devices that are available or provided by the service provider and how customers can provide feedback on the service they receive. To include an overview of what to do if a person with a particular type of disability has difficulty accessing services. Objectives: . Understand what accessible customer service is. . Understand that policies, procedures and practices are in place to support accessible customer service. . Identify assistive devices that are available to support accessible customer service. . Understand the feedback process and what to do if a person with a disability has difficulty accessing service. 5. Simulation Exercise/Case Study (60 mins) Description: A simulation exercise/case study to be completed in small groups. Each group will be given instructions to consider the case and develop a group response to be shared with the large group. Some groups may be required to venture outside the training room on a simulation exercise. Exercises and case studies will be based on situations that are pertinent to the learner group. Objectives: . Think about and discuss a specific situation and disabilities. . "Put yourself in the role of a person with a disability". . Identify barriers to service. . Share the reactions from co-participants. . Reflect and generalize on the experience. 6. What is your role in serving people with disabilities? (40 mins) Description: Facilitator will review the behaviours that can be shown by employees and will provide tips for serving a wide range of disabilities. Participants will add to the lists in a large group discussion format, based on their experience. Page 6 of 18 1309 Objectives: . Learn specific methods of serving customers with disabilities. . Understand the roles and responsibilities; each learner has to treat all customers with respect. . Learn more about specific limitations for people with disabilities. 7. How much do you know? (15 mins) Description: Skills inventory: self-score quiz on the ODA, AODA and the responsibilities of staff to people with disabilities. Timing: 10 mins to complete quiz, 5 mins to take up quiz answers. Provide instructions on the quiz. Large group to discuss answers. Objectives: . To show that some new information has been learned . Learn some facts about the ODA and AODA . Learn some facts regarding their responsibility to customers with disabilities. 8. Wrap Up/Evaluation (10 min) Description: Summary of what we have discussed and a general plan of how the information can be applied. Provides for the sharing of information on other resources and further information. Provides a time to collect a preliminary evaluation of the program. Objectives: . Summarize and reflect on the learning. · Consider how new information will be applied/used back at work. · Have the opportunity to evaluate the program. . Get information on other resources. Page 7 of 18 1310 APPENDIX C TO POLICY H NOTICE OF SERVICE DISRUPTION 1. Purpose: Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Ontario municipalities are required to comply with Accessibility Standards for Customer Service, Ontario Regulation 429/07 as of January 1, 2010. The Municipality of Clarington is responsible to provide notice to the public when facilities or services, upon which people with disabilities rely to access or use our goods and services, are disrupted. In order to meet this commitment, the Municipality of Clarington will provide notification at the site of the disruption, on the website and by other appropriate and available means. 2. Procedures: When a program is cancelled or a service is disrupted, staff responsible for making the decision must initiate the Notice of Service Disruption procedure. . A sign shall be created (see Attachment No.1) and posted in a conspicuous place at the site(s) of the cancellation or disruption. . A copy of the sign or the information from the sign will also be added to the Municipality's website, www.clarinqton.net. . A general e-mail will be sent to Customer Service staff regarding the service disruption or cancellation. . Where applicable, other forms of notification will also be considered, ie, on an outgoing phone message, on public information boards, on local radio, etc. . When the disruption or cancellation is over, the notices shall be removed and staff informed. The notification shall include the specific service, location, reason for the disruption or cancellation, if possible, and specific length of the disruption or cancellation if known. Where possible, the notification should include an alternative option to the disrupted service. Page 8 of 18 1311 Attachment No. 1 to Appendix C of Policy H n Notice Disruption in Service There is currently an unexpected service disruption. The estimated time of the service disruption will be: From: To: The disruption includes: The following alternative services are available: On behalf of the Municipality of Clarington we would like to thank you for your patience in this matter. Contact: Page 9 of 18 1312 APPENDIX D TO POLICY H SERVICE ANIMAL/SUPPORT PERSON 1. Purpose: Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Ontario municipalities are required to comply with Accessibility Standards for Customer Service, Ontario Regulation 429/07. In accordance with the regulation, the Municipality of Clarington must develop procedures that: a) permit customers with disabilities, who have support persons or service animals., to use them while accessing goods or services on premises open to the public and, b) where admission fees are charged, provide advance notice concerning what admission, if any, will be charged with respect to a support person. This procedure applies only to those areas of the premises that the public or third parties are allowed to access. 2. Definitions: "Guide Doq" - Guide dog has the same definition as in section 1 of the Blind Persons Rights' Act which is a dog trained as a guide for a blind person and having the qualifications prescribed by the regulations. "Service Animal" - An animal is considered a service animal for a person with a disability: a) if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or b) if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. Examples of service animals include dogs used by people who are blind, hearing alert animals for people who are deaf, deafened or hard of hearing, and animals trained to alert an individual to an oncoming seizure and lead them to safety. Animals, other than dogs, may also be service animals. Page 10 of 18 1313 "Support Person" - A support person is an individual hired or chosen by a person with a disability to provide services or assistance with communication, mobility, personal care, medical needs or with access to goods or services. Personal care needs may include, but are not limited to, physically transferring an individual from one location to another or assisting an individual with eating or using the washroom. Medical needs may include, but are not limited to, monitoring an individual's health or providing medical support by being available in the event of a seizure. The support person could be a paid personal support worker, a volunteer, a friend or a family member. He or she does not necessarily need to have special training or qualifications. "Premises" - Premises include the buildings, land or grounds where the Municipality provide goods or services. In accordance with the requirements of the standard, this procedure only applies to those areas of the pr~mises where the public or third parties customarily have access. You do not have to let anyone with a service animal or support person into places or areas where the public does not have access. 3. Procedures: Service Animals If a person with a disability is accompanied by a guide dog or other service animal, the ~unicipality of Clarington shall ensure that the person is permitted to enter the premises with the animal and to keep the animal with him or her unless the animal is otherwise excluded by law from the premises. Two examples of laws that specifically exclude animals are regulations under the Health Protection and Promotion Act and the Food Safety and Quality Act, 2001. Ontario Regulation 562 under the Health Protection and Promotion Act states that animals are not allowed in places where food is manufactured, prepared, processed, handled, served, displayed, stored, sold or offered for sale. It does make an exception for service animals to allow them to go where food is normally served, sold or offered for sale. If a service animal is excluded by law from the premises, the Municipality of Clarington shall ensure that other measures are available to enable the person with a disability to obtain, use or benefit from the municipality's goods or services. Staff must explain to the individual why the animal is excluded and see what other arrangements can be made to provide them with the Municipality's goods or services. If the person with the service animal agrees, this might mean leaving the animal in a secure area where it is permitted by law. It might also mean offering to serve the person in another location where the animal is permitted. Page 11 of 18 1314 There may be rare circumstances where, for the reasons of health and safety of another person, allowing a person with a disability to enter a premises and be accompanied by their service animal needs to be considered. In the rare situation where another person's health and safety could be seriously impacted by the presence of a service animal on premises open to the public, ie, in a swimming pool or on an ice surface, the Municipality of Clarington will consider all options for allowing the service animal. In general, people with allergies to animals are affected if they touch the animal or are in very close proximity for a lengthy period of time. Some of the options to consider may be creating distance between two individuals, eliminating in-person contact, changing the time the two receive service, using air purifiers and any other measures that would allow the person to use their service animal on the premises. The Municipality of Clarington will consider all relevant factors and options in trying to find a solution that meets the needs of both individuals. It is understood that a person who has a support animal will maintain control of the animal while on the premises and that the care of the animal is the responsibility of its owner. Support Person If a person with a disability is accompanied by a support person, the Municipality of Clarington shall ensure that both persons are permitted to enter the premises together and that the person with a disability is not prevented from having access to the support person while on the premises. For Community Services programs and services, the Municipality of Clarington does not apply a user fee or admission to the support person. If an amount is payable by a person for admission in any other department or division, the Municipality of Clarington will ensure that notice about the amount, if any, payable in respect of the support person is given in advance. Wherever fees are calculated, support person fees will be considered. Organizations who utilize Community Services Department facilities will be responsible for making their own decision on fees for support persons and notifying the public. The Municipality of Clarington may require a person with a disability to be accompanied by a support person when on the premises, but only if a support person is necessary to protect the health or safety of the person with a disability or the health or safety of others on the premises. . Municipal staff will consider whether they will require the attendance of a support person in the following situations: a) When there is a significant risk to the health and safety of the person with a disability or others (the mere possibility of risk is insufficient); Page 12 of 18 1315 b) That risk is greater than the risk associated with other customers and that risk cannot be eliminated or reduced by other means; c) The assessment of the risk is based on consideration of the duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the imminence of the potential harm; and d) The assessment of the risk is based on the individual's actual characteristics, not merely on generalizations, misperceptions, ignorance or fears about a disability. Page 13 of 18 1316 APPENDIX E TO POLICY H FEEDBACK ON SERVICES 1. Purpose: The Municipality of Clarington provides a method by which customers can provide feedback on services. The established process provides for the receiving and responding to feedback regarding the manner in which the municipality provides goods and services to all of its customers. Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Ontario municipalities are required to comply with Accessibility Standards for Customer Service, Ontario Regulation 429/07 as of January 1, 2010. 2. Procedure: The Municipality of Clarington values feedback and supports customers in providing a complaint, compliment or suggestion regarding our services. Feedback can be received using the following service channels: in person, by telephone, via e-mail, website, correspondence, and feedback forms. 1. In person, by phone, via e-mail and correspondence: Staff will receive all feedback and log it appropriately. 2. Website: Electronic feedback forms are available on the Municipality's website, www.c1arinqton.net. 3. Feedback forms: Feedback drop boxes are available in all staffed facilities and will be checked on a daily basis. The feedback form is attached hereto as Attachment NO.1. All feedback will be collected, analyzed and where applicable, responded to. Where a response is requested, an initial response will be provided within three (3) business days. The feedback will be forwarded to the appropriate supervisor/manager for review and action. Any items identified that reflect an issue which impacts accessibility will be forwarded from the Department Head to the Municipal Clerk. The feedback received which impacts accessibility will be reviewed and analyzed by the Customer Services staff committee on a quarterly basis and compiled into a report for submission to the Accessibility Advisory Committee and Municipal Council for information purposes each January. Page 14 of 18 1317 3. Resolution: When a complaint is received regarding the provision of goods and services to persons with disabilities, an initial response will be provided to the customer within three (3) business days. The initial response will include confirmation of the following: (a) the information has been received; (b) arrangements for it to be investigated have been made; and (c) if requested, the customer will receive relevant updates (the individual will be provided with a timeline for investigation and response). Departmental staff involved are then responsible to ensure that: (a) the inspection has been conducted; (b) required action to address the issue and a timeline for completion is established if necessary; and (c) the customer has been advised of the actions to be taken (if any) and the anticipated timeline for completion. 4. Feedback Review To ensure its effectiveness, the feedback procedure will be reviewed by the Customer Services staffcommittee on a quarterly basis and, if necessary, amended to enhance its responsiveness for our customers. 5. Publication This procedure will be posted for public information on the Municipality's web site, www.clarinqton.net and information pertaining to it will be published in the Municipality's Recreation and Leisure Guide. Page 15 of 18 1318 ~ --..:.. ", ,- ~ " -. ~.. CUSTOMER. SERVICE REPORT ,.. .. .-~ .. ... , .. I 2009- CSR No DA TE: Click here to enter a date. FIRST NAME: hI'S! Name LAST NAME: Last N LIme Address: Stl\~el/M:liliJlg !\ddr\.'ss COMMUNITY: C( )Mt,\UNI'!'Y PROV:ON I Postal Code: PC' TELEPHONE: Tck'phonc with Arca EMAIL: Ell1ail :I(ldr...~~:::, Cuck CUSTOMER FEEDBACK DET AILS: Click here to i.'nt<.::r 1..:\[, .. IS CONCERN ACCESSIBLITY RELATED? ryES roo LOCATION OF CONCERN: Click hen.': to l'llkl' 1...~.\1. action taken DA TE RECEIVED: elid, hi_~rl: h~ '.'11[('1' <'t C1cll\', ACTION TAKEN: ('lid Ik'l'C III ,.~ntcr le\I., Customer follow up DA TE customer was contacted: Clid< lien:. i () enter u date. rb By Telephone I r By Email I r In Person IS THIS AN ACCESSIBLITY REPORT: ryES roo Name of Employee Responding: Crill r \ (:;11' 1'<;;]1,': Department: fj':P:H'tI11cnl r":l!nc Signature: I Date: \..:k:. t d;1\c. Personal Information contained on this form is collected pursuant to the Accessibility/or Ol11arians l1'itl1 Disabilities Act and will he used for the purpose of responding to your concern. Questions ahout this collection should be dirccted to the Municipal Clerk, 40 Tcmperance Street. l3owmal1villc. Ontario, LI C 3^6, Telephone 905-623-3379. Claringron Page 16 of 18 1319 SAMPLE PROCESS FOR RECEIVING & RECORDING CUSTOMER FEEDBACK ~~" 1: - ., I > w f\) o ~::ll~ _~ 1", \ COMPLETED FORM ITS 1 SENT AS ATTACHMENT ~' l TO EMAIL TO i I. COMMUNICATIONS. I Q ACTION AND FOLUQW UP ~ I mFGRM~~ONISAD@ED · TO DA TABASE.FILE IS I i . DEEMED.COMPLETE. I I I' WRITTEN REPORT IS , f ~ n ~ IF REPORT IS ACCESSIBLITY RELATED, DEP ARTMENT HEAJ!} SENDS COpy OF REP0RT TO MUNICIP AL CLERK. n <:: ALL FORMS ARE SEN'f .....--- Page 17 of 18 APPENDIX F TO POLICY H ASSISTIVE DEVICES 1. Purpose: The Municipality of Clarington provides an opportunity for customers to utilize assistive devices in order to access the services of the municipality. Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), Ontario municipalities are required to comply with Accessibility Standards for Customer Service, Ontario Regulation 429/07 as of January 1, 2010. 2. Procedure: Personal assistive devices may be used by certain persons with a disability. Examples of assistive devices may include, but are not limited to, a cane, walker, hearing aid, oxygen tanks, etc. In addition, the Municipality provides a number of assistive devices for the benefit of all persons using or accessing goods and services by the Municipality. These include elevators and lifts in most municipally- owned and operated buildings, an amplification system for the hard of hearing within the Council Chambers, accessible parking spaces in certain locations, water wheelchairs for entering/exiting pools, water ramp (at Courtice Community Centre and Newcastle and District Recreation Complex) and a pool lift (at Clarington Fitness Centre). The Municipality of Clarington shall ensure that persons with a disability are not barred from the use of their own personal assistive devices, or those which may be. offered by the Municipality, while accessing goods and services offered in any facility owned and operated by the Municipality. Page 18 of 18 1321 C:~fJlmglOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 2,2009 Report #: CLD-024-09 File #: By-law #: Subject: ANIMAL SERVICES QUARTERLY REPORT - July - September, 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-024-09 be received for information; and 2. THAT a copy of Report CLD-024-09 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. Submitted by: , ,,' II- ;/-) , ,,' " ''&>x;;; Jci'" ....-/-r11[f27 ) ,M/v( ,J Patti L./BEirrje-: CMO Mtmlcipal Clerk , Reviewed by: 1 i -fG',' " ./ D ~~ Franklin Wu, Chief Administrative Officer PLB*cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1322 REPORT NO.: CLD-024-09 PAGE 2 BACKGROUND AND COMMENT Animal Services activities will be reported to Council on a quarterly basis. The attachment to this report summarizes the activities and revenues pertaining to Animal Services for the months July to September 2009, as recorded by staff as at the time this report was prepared. Attachments 1. Quarterly & Year-To-Date Statistics Interested parties to be advised of Council's decision: Ms. Liz White, Animal Alliance of Canada Animal Advisory Committee 1323 Attachment 1 3rd Quarter & YTD Statistics 2009 Dispatch Summary Issue Types Issue Type 3rd Quarter 3rd Quarter YTO YTO 2009 2008 2009 2008 Animal Control 214 229 566 553 Cruelty Complaint 1 9 2 19 General Dispatch 61 20 110 41 Routine Inspection 24 28 50 47 Total 300 286 728 660 Animal Control Issues Outcome 3rd 3rd Quarter YTO YTO Quarter 2008 2009 2008 2009 Animal Not Found 27 30 71 68 Animal Picked Up 66 76 169 191 Animal Returned To Owner 4 11 23 31 Charqes Laid 2 0 5 2 Finalized 73 63 218 125 Warning Issued 57 49 181 136 Grand Total: 229 229 667 553 1324 Attachment 1 3rd Quarter & YTO Statistics 2009 Total By G/L Code 100-19-190-30705-6400 - Animal Service 32 $1825 48 $2,160.00 100 $5,597.06 122 $5,499.89 Impound/Surrender Fee 100-19-190-30715-6401 - Animal Trap Rentals 5 $62.84 3 $61.88 8 $91 .40 3 $61.88 100-21-000-00000-6506 -Finance Charges $5.40 $5.10 i $5.40 $5.10 after NSF 100-19-130-30641-6400 - Licences Paid after $60.00 $~T $60.00 $30.00 NSF 100-19-190-00000-7162 - Vet Services- $145.64 3 $396.96 $145.64 3 $396.96 Repayment for Expenses 100-19-190-30720-6400 - Disposal of Animals $30.00 $28.50 7 $415.00 $28.50 100-19-190-35525-6500 - Dog/Cat Licences 1090 $25,869.00 1409 $32,875.00 2474 $62,652.50 2827 $64,744.00 523-00-000-00000-6760 - Donations 15 $1,472.79 3 $225.00 48 $3,593.33 9 $480.59 100-00-000-02033-2003 - GST 65 $331.81 70 $353.48 184 $905.79 151 $726.36 100-19-130-35520-6500 - Other Licences - $150.00 0 $0 $150.00 0 $0 Kennel 100-00-000-02034-2003 - PST 60 $525.67 67 $558.96 174 $1428.19 148 $1,156.10 100-19-190-30710-6400 - Sale of Animals 60 $6,566.18 562.14 171 $17,650.01 180 $17,887.12 Totals 1332 $37,044.33 .257.02 3170 $92,694.32 3446 $91,016.50 1325 Attachment 1 3rd Quarter & YTO Statistics 2009 Shelter Statistics - Outgoing by Animal Type Status . 4 0 6 14 0 0 24 28 i 57 87 , 0 0 13 0 0 0 13 10 44 27 ,....,...>".,..'.,",.^_~~.."<w,~.m_~_w._"..'.,""'" 0 0 0 0 0 1 0 3 m'.,,"'HV' 0 0 6 4 0 0 10 1 1 , 40 32 0 0 0 3 0 0 3 ; 8 8 9 i ""A~",'_""^"",U"M~.',>.,,"~'mmmmUA_"___'A 2 0 14 0 0 17 21 43 35 0 0 0 0 0 1 : 0 0 15 0 0 17 21 47 56 'W".' w,',~m'_'_'_'_'.".,.",_._'A'~"" 0 0 0 0 0 0 0 0 , 2 2 """"'""'~',.'.'''W''~ 0 0 3 0 0 0 3 3 ! 10 17 0 0 6 0 0 0 6 14 16 29 _'''C" ^'~w...,',.'"'___m',~,,','..mNW''' "No"" 0 0 0 0 0 0 0 i 0 0 , 46 5 0 0 0 52 40 135 105 0 0 0 0 0 0 0 0 i 0 "~_'~~~"^'W~~W."V_,_. .._~_._.,._"..._,._v."._"..~._^_"_V.V,'A'_""~_",~,_,,__.~~.,~~.,.., 0 0 0 0 0 0 0 1 6 w""^,'",,,'w,,,"m"".,,," 0 0 0 0 0 0 0 0 , 0 3 0 0 0 5 , 4 12 5 cw"mr __, '_~,.',.'.w,'._. 0 0 3 0 5 4 7 6 0 0 0 0 0 0 4 0 4 0 0 0 0 0 0 0 0 0 0 0 57 2 59 41 161 165 430 420 'm','."',"h'A'~',',',".w__,',~...~~ Co"'" ""'.w',''''''~=,,',w,w~,,,',',',','.W Adopted Adopted Altered Adopted Offsite Adopted Offsite(Altered) Adopted Offsite(Unaltered) Adopted Unaltered Bite Quarintine (home) DOA DOA - Final Disposition Euthanized Euthanized by Offsite Vet Interred . '::llmed Redemption (Offsite) Released Stolen Transfer Out Unassisted Death Unassisted Death - In foster Other Total 1326 Attachment 1 3rd Quarter & YTO Statistics 2009 Shelter Statistics - Identification Comparison ,,<1 /. ~";!~,'f%!r%ii1'""r{., y>~ > '-"u '1$"' ",-;,,~h %< "'! "y. <<<<z' ;>?)':ffo>:1Y,'**"">- '""~ "'f ~_,?: ,< ~;;.. "" ~'" YN~ ""'~, '"""<~~;>~ ! iAnimaf ^ : ~~ ~g~lJtl~rc"':;1009 " " '" S~,ggJ.(f~~UQ8", "!fi() ,Total : :Ir~pe' , Stray , f:~ Stray, motal" Stray j,;' 'Str~y ; Total' '1otal : 2008 ~,~ , ;"' '(WitbJDL~ (No4Q) , :;,(WitbJ1 INo:,,';;: " ,\2009 " :';,"; ""'1 ( , ", P, ,;:,m) ; "III ' ,^ ': fili:y'j < >)::;:* i<< if' 2>(; .,t w~"" ",d, '" '*~/-z" ^,""'%"u:r x, ~i'"" Wo'; ':\' ;'4~A ~ ,~ >,"Y; )';, Cat 3 25 28 0 42 42 111 160 Doa 15 42 57 14 56 70 164 169 Kitten 0 42 42 0 16 76 104 122 PUDDV 0 2 2 0 0 0 4 1 Bird 0 1 1 0 1 1 1 1 Rabbit 0 0 0 0 0 0 0 3 Mammal 0 2 2 0 0 0 2 0 Total Length of Stay Total "'0~ ~;" ,,, ',' /'r' ';Etro ~c ,; Gat, "!iif:! ;,71119 ,p 'J'lIleD"?i';4 a ma ":)'1h; py:;: " Rabbit ;0: ;/'""h Y :: . ... > 'if;, ~ ~'" < <'[<."'ffiR;:;fi,,,;(~ < '~ ;" h:. \ ~ ":if' i'..: 1/, .,""*1,,'" w;{' > < '''" "~Iwlltlliflt, ty~v}: ;a;<<{y.I/<'""f "~i:<O ;rw '"%/' *,'>> ~2$t~&:,;litk"';:;'^> "'~" <> > I J;;x",< ;)'" <'~;: << ~ ,,=~~=;: ~~ '" ",Wo1illL",,~ l '" vX "~"" ,%~" '" ~~NJ",,{w~f "^if,;: , ><::U101" j./ ~ .. Number of 1 67 53 32 1 1 0 155 ~ Animals III :J Number of Days 7 4651 301 1638 28 0 0 6625 Ocn ,,0 ..0 Average 7 69 5 51 28 0 0 MN Number of 2 68 54 29 6 0 1 160 .. Animals CII Number of Days 0 4613 339 1924 0 0 101 6977 tc " III ~5: Average 0 67 6 66 0 0 101 Number of 1 201 156 37 4 3 0 402 Q) Animals 0 C) Number of N 7 14,017 3208 1776 28 2 0 19,308 c Days ~ Avera~e 7 69 20 48 7 0 0 Number of 7 199 133 38 12 0 4 393 QQ Animals C) C) Number of N 0 10,436 1186 2189 0 0 145 13,956 c Days ~ Average 0 52 8 57 0 0 36 1327 Attachment 1 3rd Quarter & YTO Statistics 2009 Shelter Statistics - Incoming (including transfers) 3rd Quarter 2009 I..... . . . .. · !'J~> .., Dog Puppy 0 Cat 9 16 Kitten 4 0 Bird 0 0 Mammal 0 0 Total 42 17 YTD 2009 o o 2 0 28 0 0 59 0 0 1 0 0 2 0 19 0 0 6 10 20 18 0 0 53 0 0 0 t 0 0 0 2 0 0 2 13 20 69 0 0 163 o o 2 3rd Quarter 2008 .1.'. '.. . . i .. .!:. . .: Dog 30 '0 3 0 24 .0 0 57 Cat 26 '0 2 24 0 :0 .53 n"'"''''''''''_.,.....'''..,..."..^.......^'.....~..''' . Kitten 3 0 0 29 32 0 :0 64 Bird (wildlife) 2 0 0 0 0 0 :0 2 Mammal 5 0 0 0 0 ,0 6 Total 66 5 .30 80 0 :0 182 1328 Attachment 1 3rd Quarter & YTD Statistics 2009 YTD 2008 Dog Puppy ""_'r'm~m..... ~" ,~~wu.__w.~ Cat 1 i 6 i I ,','____<'<<_m uuuu...mu.(,u. .m.....~.'...m...~J ...~.~.,. . O' 6' o 1 I "'''''.~=W^ ,..,.,. "~~.,,..,.. ... ,w.,__....~~"~.~^m._w_m'^v__~..w 3 3 1 12 0 0 51 54 0 0 0 0 0 0 0 0 0 0 0 3 0 3 54 231 0 o i 61 i 0' o o 0' 0 o 0 0 1 4 0 0 Kitten 54 0, 7 0: ,~i~~_~~I~~~m~,m,.,_.,...~.__.m~~__._,.m.~~.L_,.~__~^"..._...~!. ,.. .....,._.,,_~.L_ Mammal 01 01 1 . .. - -~. 01 11" 11 o o 01 01 . ,.,. . m mmmm.~ '.oT 01 2 Rabbit Total ,-" ''-''''Yo'_'_''''_''_'_,__'"__,,, 14 : 1 i 157 4 Animal Bite/Attack & aTR Summary 0' 146 i o 2 01 183 o i 113 0' 7 I o 12 o 4 o 467. Detail 3ra Quarter 3ra Quarter YTD YTD 2008 2009 2008 2009 DOQ Bites Reported 2 3 7 12 DOQ Attacks Reported 9 12 19 23 OTRs Issued 3 4 6 15 1329 (~fKmgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 2, 2009 Report #: COD-062-09 File#_ By-law # Subject: TENDER CL2009-43, SENIORS & PHYSICALLY DISABLED SIDEWALK AND WINDROW SNOW CLEARING SERVICES REVISED Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-062-09 be received; 2, THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of $64,080.80 (excluding G.ST.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-43, be awarded the contract for the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services Revised; 3. THAT pending satisfactory pricing and service the contract be extended for a second and third year; 4. THAT Council authorize the insertion of an advertisement in local papers informing residents of the reinstatement of the program; 5. THAT the annual administration fee for the 2010/2011 Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services be reviewed and reassessed in the Spring of 2010; and 6. THAT the funds expended be drawn from the Operations Department Annual Operating Budget(s). Submitted by: ~ ,/ ~ /. cC~.:.. -' (: ?/""'(i aiieMarano, H.B.So., C.M.a., Director of Corporate Services Reviewed by: // q~ FlarikinWu, Chief Administrative Officer ).-ri ~ C" ~ MM\JDB\BH CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1401 REPORT NO.: COD-062-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 At the Council Meeting on October 5, 2009 Council passed Resolution #C-581-09 stating: THAT Report COD-058-09 be received; THAT staff be directed to provide a modified version of our previous Senior and Physically Disabled Sidewalk/Windrow Snow Clearing Service on the basis of the following: a) b) the property owner would register with the Municipality for the service; and there would be an annual administration fee to be pre-paid at the time of registering for the service. 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/windrow snow clearing service for all Clarington areas and report back on the bid results at the earliest possible date; THAT the annual administration fee for the 2009/2010 Senior and Physically Disabled Sidewalk/Windrow Snow Clearing Service be $75 per registered property; THAT Margaret H. Polman, and other interested parties on record, be advised of Council's decision." 1.2 Tenders were publicly advertised and called for the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services Revised as required by the Operations Department. Subsequently, seven tenders were received and tabulated as per Schedule "A" attached. 1.3 In previous years, the Operations Department has complied the list of residents requiring snow clearing assistance in mid August of each year. By August 15 notice was provided to people registered in the preceding year and public notice was advertised. An application cut-off date of no later than October 15 allowed time for staff to compile the list, complete site inspections on new additions and set routes. 1402 REPORT NO.: COD-062-09 PAGE 3 1.4 As a result of the late approval of the Seniors and Physically Disabled Sidewalk and Windrow Snow Clearing Services, Operations Staff will be required to assemble the necessary components to ensure that this program becomes operational within a compressed timeframe. If authorized to offer the Seniors & Disabled Snow Clearing program for the 2009-2010 winter season staff respectfully request that Council concur with staff decision that all cut-off dates, closing dates and stated requirements be firm. No exceptions to be made for late applications/missed cut-offs or other unforeseen events. 1.5 Operations Staff propose the following timelines for the reinstatement of the Seniors & Disabled Snow Clearing Program for the 2009-2010 Winter Season. Date Action November 9, 2009 Council approval November 10, 2009 . Operations staff to send letter and application to previously registered residents for inclusion in the 2009-2010 program November 11, 2009 . Advertisement for program appears in local papers . Notice of program posted to www.clarinqton.net . Notice posted to board at front desk December 4, 2009 . Cut-off for application January 1, 2010 . Program start date 1.6 It is anticipated that there will be in excess of 800 locations requiring assistance once the list of participants is compiled. Residents previously receiving this service will be required to register for the program. Additions to the list will require a site visit by staff to determine eligibility, distance and location verification. With a cut off date of December 4, staff has allotted 3 weeks to complete site visits and prepare documentation to the contractor. Staff will make every effort to have this year's program commence January 1, 2010. 1.7 Council previously authorized a fee of $75.00 for the 2009-2010 season. Program participants will be advised that this fee is for a shortened program to run from January 2010 to April 2010. Therefore, it is recommended that a fee more reflective of a full season of use be reviewed and established for following years. Those persons wishing to register for this year's program will be required to submit an application along with the requisite fee of $75.00. All applicants who were approved last winter will receive a 2009 - 2010 application in the mail. All applicants must reapply each winter season and must provide the appropriate documentation along with their fee for this service. 1403 REPORT NO.: COD-062-09 PAGE 4 1.8 To be eligible for this service, applicants must be 65 years of age or older or be physically disabled, occupy a single family dwell1ng which fronts onto a town street in the specified urban areas of the specified hamlets and have no able bodied persons under the age of 65 years residing on the property. Senior citizens must provide a photo copy of a birth certificate or Senior Citizens Card the first year only; physically disabled applicants must provide a doctor's certificate each year; and permanently disabled must provide one doctor's certificate stating your permanent disability which will be kept on file. 1.9 The snow clearing service on municipal sidewalks will start after a snow fall ends and only when there is more than 1 inch (2.5 cm) of snow on sidewalks. The resident/homeowner must provide material (sand or salt) on the sidewalk as needed. The driveway windrow snow clearing service will not be undertaken until the snow ploughing on all Municipal streets has been completed. Please note that contractors are not called out for 6 inches (15 cm) or less for windrows. 2. ANALYSIS 2.1 The low compliant bid was submitted by Birds Property Management and Grounds Control, Hampton, Ontario. 2.3 The references for Birds Property Management and Grounds Control have been contacted and are satisfactory. 2.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 3. FINANCIAL IMPLICATIONS 3.1 The total funds required for Tender CL2009-43 Seniors & Physically Disabled Sidewalk & Windrow Snow Clearing Services Revised are included in the Operations Department Annual Operating Budget(s). 3.2 For the information of Council, the unit cost to remove snow for the seniors and physically disabled has decreased approximately by 40.0% from the previous year. 1404 REPORT NO.: COD-062-09 PAGE 5 4. CONCLUSION 4.1 After review and analysis of the bids by Purchasing and Operations, it was mutually agreed that the bid from Birds Property Management and Grounds Control, Hampton, Ontario be recommended for the contract for Tender CL2009-43 Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services Revised. 5. INPUT FROM OTHER SOURCES 5.1 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Operations Co-Ordinator Attachments: Attachment 1 - Schedule "A", Bid Summary 1405 REPORT NO.: COD-062-09 PAGE 6 Schedule "A" Bid Summary Tender CL2009-43 BIDDER SECTION 1 SECTION 2 SECTION 3 SECTION 4 Courtice Bowmanville Newcastle Surrounding TOTAL BID TOTAL BID TOTAL BID Areas (GST Excluded) (GST Excluded) (GST Excluded) TOTAL BID (GST Excluded) Bird's Property $17,928.00 $35,172.00 $5,778.40 $5,202.40 Management Hampton, ON BJ Flint & Sons $35,760.00 $67,720.00 no bid no bid Bowmanville, ON Luxton Construction $55,360.00 no bid no bid no bid Bowmanville, ON Tom's Landscaping $97,400.00 $263,276.00 $47,290.00 $159,296.00 Bowmanville, ON Consulting and Trade $175,600.00 $347,400.00 $66,720.00 $104,980.00 Services Ltd. Bowmanville, ON JRC Groundskeeping no bid no bid $107,820.00 no bid Bowmanville, ON Carelton Property no bid $3,778.002.40 $603,000.00 no bid Management Bowmanville, ON 1406 Cl!1lillgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 2,2009 Report #: COD-063-09 File # By-law # Subject: TENDER CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-063-09 be received; 2. THAT KLD Construction Limited, Ajax, ON with a total bid price of $389,085.00 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-41, be awarded the contract for the Fuel Tank Requirements at Various locations; 3. THAT funds required in the amount of $139,185.00 be drawn from the Operations 2009 Capital Budget Account 110-36-370-83677-7401 for Depot 42; and 4. THAT funds required in the amount of $249,900.00 be drawn from the General Municipal Reserve Fund for Hampton and Orono Operations Centre. Submitted by: ~u /;?/!( /')r-', ------ , ". ,/1 ,,"--' Marie Marano, H.B.Sc., C.M.O., Direc:!9r of Corporat' Seryices ~/ ,'I" "-- fj"</j /',/ Cill / ;1:[,/ i / /, / '/ / . ,I, / I ," ,''Vii Nancy T~ylr6'r, B.B. .,"C. ., Director of FinancelTreasurer Reviewed by: /{:~' Fra klin Wu, Chief Administrative Officer MM\JDB\BH CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1407 REPORT NO.: COD-063-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 The Operations Department have budgeted for a fuel station at Depot 42 in the 2009 Capital budget. 1.2 In 2009 the Municipality of Clarington fuel supplier changed from Shell Canada Products Limited to Petro Canada. At the time of the contract award, the new supplier requested an inspection prior to delivering product, as per Ontario Regulation 217/01. 1.3 The inspection revealed that the underground tanks do not meet the code requirements. As per the Liquid Fuel Handling Code 2007, the Hampton and Orono Operations Centre are not in compliance with the Technical Standards and Safety Authority (TSSA) requirements. The tanks are single wall Fiberglas Reinforced plastic (FRP) and do not have drop tubes and internal overfill devices. There are no monitoring wells. The piping is single wall galvanized steel which must be upgraded to meet current standards. 1.4 Petroleum Technical Services, our consultant for this project, prepared a report which outlined the code deficiencies and provided options so that legal compliance may be achieved. 1.5 Tenders were publicly advertised and called for the Fuel Tank Requirements at Various Locations as required by the Operations Department. Subsequently, two tenders and one no bid were received and tabulated as per Schedule "A" attached. 2. ANALYSIS 2.1 The low compliant bid was submitted by KLD Construction Limited, Ajax, Ontario. 2.2 The references for KLD Construction Limited, Ajax, Ontario have been contacted and are satisfactory. 1408 REPORT NO.: COD-063-09 PAGE 3 3. FINANCIAL IMPLICATIONS 3.1 The total funds of $389,085.00 required for Tender CL2009-41 Fuel Tank Requirements at Various Locations exceed the Operations Department budget. 3.2 Funds in the amount of $200,000.00 have been allocated for the fuel station at Depot 42, in the Operations 2009 Capital Account 110-36-370-83677-7401. The bid submission was received in the amount of $139,185.00. As this is a growth- related capital project funded 90% through development charges, the cost savings cannot be reallocated to the other two tanks that are replacements. 3.3 Hampton and Orono Operations Centres were not included in the original budget. As both locations do not meet the TSSA requirements, the existing fuel station(s) need to be replaced. Funds in the amount of $249,900.00 are required in order to replace the fuel stations and bring them into compliance. 3.4 It is recommended that the funding for the Hampton and Orono Operation Centre come from the General Municipal Reserve Fund. 3.5 Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. 4. CONCLUSION 4.1 After review and analysis of the bids by Purchasing and Operations, it was mutually agreed that the bid from KLD Construction Limited, Ajax, Ontario be recommended for the contract for Tender CL2009-41 Fuel Tank Requirements. 5. INPUT FROM OTHER SOURCES 5.1 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Operations Co-Ordinator Attachments: Attachment 1 - Schedule "A", Bid Summary 1409 REPORT NO.: COD-063-09 PAGE4 Schedule "A" Bid Summary Tender CL2009-41 BIDDER Hampton & Orono Optional - Depot 42 Operations Centre TOTAL BID TOTAL BID (GST Excluded) (GST Excluded) KLD Construction Limited $249,900.00 $139,185.00 Ajax, ON *Cannington Construction $364,030.00 $190,175.00 Gormely, ON Canadian Tech Air Systems Inc no bid no bid Scarborough, ON *non-compliant - no bid bond 1410 Clfffington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 2, 2009 Report #: COD-064-09 File#_ By-law # Subject: Holiday Train in Clarington Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-064-09 be received; 2. THAT Council approve and endorse the municipality's participation in the 2009 event within budget implication; 3. THAT Council approve and endorse that the required Road Occupancy permit be held in the Municipality's name and insured under the general municipal policy; and 4. THAT Ms. Ellen Cowan, a private citizen, be recognized and thanked for her financial support and continued enthusiasm for the Holiday Train initiative. ,-, .--' ~~ . ..,/' ~-- Reviewed by: <' ;/d/L>C " ranklin Wu, ~{'-7'" Chief Administrative Officer Submitted by: ,~ ,// / ;//;I:A~~-,,- (."7"( (j (/ ' ,-- Mane Marano, H.B.Sc., C.M.O., Director of Corporate Services MM\JC\gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1411 REPORT NO.: COD-064-09 PAGE 2 BACKGROUND AND COMMENT BACKGROUND 1.0 1.1 The 2009 Event: On September 24,2009, the Manager of Communications & Tourism received a call from Breanne Feigal, Manager of Communications for Canadian Pacific Railway (CPR) and the Holiday Train. She was concerned that she had received correspondence from the Municipality indicating that should the Holiday Train stop in Clarington/Bowmanville; CPR would be required to complete the required Road Occupancy permit and submit the required fee. Ms. Feigal indicated that CPR was not able to do this - as it would have an impact to the other 129 stops that it makes across Canada and the United States. 1.2 The Manager of Communications & Tourism then began to investigate possible opportunities to allow the Municipality to stay involved in this event as it benefits a significant number of Clarington residents who now rely on the services of our local food banks, despite the budget for promoting the event ($4,000) being removed as a result of the August discussions regarding the budget shortfall. 1.3 It is proposed that existing media venues - such as the Recreation & Leisure Guide; the municipal website and Clarington's blog - could be used to promote the event to residents of Clarington without incurring any new expenses to the Municipality's budget. 1.4 CPR was notified that, pending Council's approval, Clarington/Bowmanville would be an enthusiastic participant in the 2009 Holiday Train event. As a result, CPR announced on September 30,2009, that the Holiday Train would stop in the Municipality of Clarington at 7:00 PM on Monday November 30, 2009 at the crossing located at the intersection of Concession and Old Scugog Streets. 2.0 CURRENT STATUS: 2.1 As Council is aware, the Holiday Train brings awareness to the needs and services provided by local foods banks across Canada and the United States. During the 2 week journey, the train will stop in 130 communities - spanning 6 provinces and 8 states. In Clarington, 3 food banks - Clarington East Food Bank, Salvation Army Family Services and St. Vincent de Paul Society - are participating in this event. They have all been contacted and are aware that the Holiday Train is preparing to stop. 1412 REPORT NO.: COD-064-09 PAGE 3 2.2 As decided in the budget shortfall meeting held in August, there is now a fee payment required as part of the Road Occupancy Permit Application process. The fee is calculated as: Operations - Staff (2); Equipment (6 hour minimum) 10% Administrative Charge Subtotal 5% GST TOTAL COST OF ROAD OCCUPANCY PERMIT $ 511.56 $ 51.16 $ 562.72 $ 28.14 $ 590.86 2.3 Contact was made with Ms. Ellen Cowan who had been an initiator of the first Holiday Train stop in 2005. The intent of the contact was to enlist Ms. Cowan's assistance to help find a sponsor to cover the cost of the of the Road Occupancy Permit. The result, however, was that Ms. Cowan offered to cover the expense herself. The offer has been gratefully accepted and it is hoped that other potential sponsors will step forward to be a part of this event. 2.4 The second requirement of the Road Occupancy permit application process is an applicant. Given that the Municipality has been the event organizer in the past and that the event will be on a municipal street, it is respectfully requested that the Municipality of Clarington be named as the applicant on the Road Occupancy Permit application. The event will automatically be covered under the municipal insurance policy if is a municipal event. 2.5 A local business has been approached and agreed anonymously to sponsor the posters for the Holiday Train event. There will also be a media advisory campaign to our media partners inviting them to write about, and therefore promote, the upcoming arrival of the Holiday Train. A communications campaign of posters and flyers (designed by Communications & Tourism) could be distributed to the business community for display in their respective operations. The Communications & Tourism team has volunteered to deliver these posters throughout the community. The participating food banks will also be provided posters to display and promote the event. 2.6 Durham Regional Police Services has been contacted and there will be Auxiliary Police Officers on site to assist in ensuring the public's safety prior to the arrival of the train, during the show, and when the train departs. 3.0 SUMMARY: 3.1 The Holiday Train event has become a kick off of the Holiday Season in Clarington. It has raised thousands of dollars and pounds of food in support of our local food banks and the services they provide. 1413 REPORT NO.: COD-064-09 PAGE 4 3.2 With Council's support, it will ensure Clarington families who require the services of our local food banks receive them. It will also assist the local food banks in meeting the needs of Clarington families by providing this opportunity for them to collect non-perishable food products and cash donations to augment their inventory during the holiday season. 1414 Unfinished Business CI!1!mgron REPORT EMERGENCY & FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINSTRA TION COMMITTEE Date: November 2, 2009 Resolution#: Report #: ESD-012-09 File#: By-law #: Subject: FIRE SERVICES LONG SERVICE MEDALS/FIREFIGHTER RECOGNITION CEREMONY RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-012-09 be received for information. , Submitted by: ftL J - " <Gordon Weir, AMCT, CMM111 Director Emergency &Fire Services Reviewed by: a~ Franklin Wu, /~ Chief Administrative Officer GW/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1701 REPORT NO.: ESD-012-09 PAGE 2 1.0 BACKGROUND 1.1 A resolution was passed on September 28, 2009 deferring three firefighters being invited to Council to be publicly recognized for their bravery pending further information regarding recognition from the Fire Chief. The following information is provided in response to this resolution. 1.2 Each year Clarington Emergency and Fire Services typically have several firefighters who qualify for Fire Services Long Service medals. There are two different medals available: Provincial Service Medals awarded for 25 years of service and service bars for every 5 years of service thereafter and Federal Exemplary Service Medals for those that have been nominated by the Fire Chief for 20 years of exemplary service with bars for every 10 years thereafter. 1.3 Last year the Department held a ceremony with the dual purpose of presenting recipients with their Provincial and Federal service medals as well as recognizing those firefighters who earned other special achievements. This investiture was well received. 1.4 This year, in addition to those firefighters due to receive their Provincial and Federal service medals, we have some firefighters who Council has expressed interest in publicly recognizing. 2.0 RECOMMENDATION 2.1 Staff will continue to recognize our firefighters in the same fashion as last year and recommends that the firefighters, whom Council wishes to recognize for their bravery, be included in this ceremony. 2.2 Plans are underway to organize the ceremony before the end of the year. Details will follow as they are confirmed. The Mayor, Council and media will be invited to attend to help celebrate these achievements. ' 1702 HANDOUTS/CIRCULA TIONS GPA ATTACHMENTI n rrnruMENT 2 -028-08 BrooKhill Neighbourhood rr',unicioaliry c. Cbcrin~rcn Demonstration Plan fb'IC mY B >o^^awRo _ ___._ _._ ___ _.._ .mvcry l9 ?COT Clar~gton Leading the Way MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti Barrie, Clerk Date: October 30, 2009 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA -NOVEMBER 2, 2009 -UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, November 2, 2009: 6. DELEGATIONS See attached Final List. (Attachment #7) v PBfeg Enc. cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS GPA Meeting: November 2, 2009 (a) Greg Milosh, Regarding the Brookhill Neighbourhood Official Plan Review (b) Bill Creamer, D. G. Biddle and Associates, Regarding Report PSD-100-09 (Courtice Homestead Land Corp.) (c) Richard Ward, Regarding the Scope of Report FND-029-09, Regarding Richard Ward's Request to Suspend Tax Sale Process on His Property