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HomeMy WebLinkAbout04/12/2010~~ Energizing Ontario DATE: MONDAY, APRIL 12, 2010 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a regular meeting of Council held March 22, 2010 PRESENTATIONS a) Laurie Swami, Director of Licensing & Environment, Darlington New Nuclear Project, Ontario Power Generation -Update on New Nuclear at Darlington Station b) Craig Bartlett, Manager of Waste,. Region of Durham -Draft Waste Management By-law c) Amy Burke, Chair, Clarington Living Green Community Advisory Committee -Annual Update and Draft Green Strategy DELEGATIONS (List as of Time of Publication) There are no Delegations scheduled as of the time of publication. COMMUNICATIONS Receive for Information I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated December 10, 2009 and January 21, 2010 I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated February 18, 2010 - 3 Minutes of the Orono Community Improvement Plan Community Liaison Group , dated January 6, 2010 CORPORATION OF THE MUNICIPALITY OF' CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2 - April 12, 2010 I - 4 Minu#es of the Ganaraska Region Conservation Authority dated March 18, 2010 I - 5 Minutes of the St. Marys Cement Community Relations. Committee dated March 9, 2010 I - 6 Andrew.Brouwer, Deputy Town Clerk, Town of Markham -Creation of New Residential Condominium Property Classes I - 7 Warren (Smokey) Thomas, President, Ontario Public Service Employees Union (OPSEU) and Ivan Herrington, Chair, OPSEU Bargaining Team, Municipal Property Assessment Corporation (MPAC) -Service Quality Issues at the Municipal Property Assessment Corporation I - 8 Carl Isenburg, President and Chief Administrative Officer, Municipal Property Assessment Corporation, (MPAC) -Negotiations with the Ontario Public Service Employees Union (OPSEU) I - 9 P. M. Madill, Regional Clerk, Region of Durham -Building of 407 East (Mainline and Link) At One Time I -10 Teva Surujpaul and Aisha Surujpaul -Durham-York Incinerator EA Comments I - 11 Mayor Marolyn Morrison, Town of Caledon -Provincial Land Use Plans I - 12 Mary Desjardins, Executive Director, TD Friends of the Environment Foundation (TD FEF) - TD Green Streets Program I - 13 John R. O'Toole, MPP, Durham -Support for Amending the Ombudsman Act to Include Hospitals I - 14 Jordan McCormack -Support for Backyard Chickens I -15 Blair Labelle, Deputy Clerk, Town of Ajax -Drinking Water Source Protection EBR Posting: Comments on Draft Regulation for Source Protection. Plans I - 16 Gail Rickard, Chair; Clarington Public Library - Letter of Appreciation for Support of Clarington Public Library I - 17 P. M. Madill, Regional .Clerk, Regional Municipality of Durham -Response to the Nuclear Waste Management Organization's (NWMO) Draft Discussion Document entitled "Moving Forward Together: Designing the Process for Selecting a Site", May 2009 I - 18 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Draft Regulation on Requirements for the Content and Preparation of Source Protection Plans (EBR Posting: 010-8766 (2010-J-7) Council Agenda - 3 - April 12, 2010 I - 19 Larissa Watson -Support for Backyard Chickens Receive for Direction D - 1 Sheilagh Croxon, Chair, Coaches Association of Ontario -Request for Proclamation of "Coaches Week" D - 2 Jeremy Trump, Green Ribbon of HopeT"" Campaign Assistant, Child Find Ontario -Request for Proclamation of "National Missing Children's Day/Missing Children's Month D - 3 Steve Shanks, Lions flub of Courtice -Lions Foundation of Canada Purina Walk for Dog Guides D - 4 Vannitha Chanthavong, Planner, Regional Municipality of Durham -Application for Regional Official Plan Amendment - Vissers Sod Farm D - 5 Ben Noble, on behalf of Mrs. Jaro Rimes -Snow Clearing Invoice D - 6 Karen Bastas, Event Coordinator, Newcastle BIA - "Canada -Then and Now" Celebration -June 26, 2010 COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of March 29, 2010 STAFF REPORT(S) 1. Report COD-008-10 -Tender No. CL2010-1 Renovations to Darlington Sports Centre 2. Report COD-011-10 -Tender No..CL2010-11 Refrigeration Upgrade for Garnet B. Rickard Recreation Complex 3: -Report PSD-048-10 -Application for Removal of Holding Symbol - Prestonvale Road Land Corporation BUSINESS ARISING FROM NOTICE OF MOTION Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS the Places to Grow Act, 2005 requires municipal official plans be amended to implement the provisions of the Growth Plan for the Greater Golden Horseshoe (Growth Plan} by June 16, 2009; and, Council Agenda - 4 - April 12, 2010 WHEREAS on March 23, 2009 Clarington Council passed a resolution requesting the Ministry of Energy and Infrastructure and the. Ministry of Municipal Affairs and Housing grant an extension to the June 16, 2009 deadline for the Municipality of Clarington to amend the Clarington. Official Plan. to conform with the Growth Plan to an appropriate date following the approval, or resolution of any appeals, of an amendment to the Durham Region Official Plan that implements the provisions of the Growth Plan; and, WHEREAS on June 15, 2009 the Minister of Energy and Infrastructure granted the Municipality a new deadline of June 16, 2010 for the Municipality to amend its official plan to conform with the Growth Plan; and, WHEREAS in June 2009 the Region of Durham adopted Regional Official Plan Amendment 128 (ROPA 128) to implement the Growth Plan and forwarded it to the Province for approval; and, WHEREAS the Municipality of Clarington initiated the review of the Official Plan to conform to the Growth Plan and ROPA 128 and has undertaken public consultation and are in the process of reviewing the growth management and intensification discussion papers; and WHEREAS on March 12, 2010 the Province issued a draft decision on ROPA 128 proposing draft modifications to ROPA 128 to ensure conformity with the Growth Plan and other applicable provincial plans and policies ;and, WHEREAS the draft Provincial decision has major implications for Clarington, as the Province is requesting the deletion of two special policy areas in north Courtice, deletion of a proposed urban expansion west of Newcastle Village, plus the deletion of proposed employment lands in Courtice all adopted by Regional Council as part of ROPA 128, and WHEREAS the Municipality cannot adopt an amendment to the Clarington Official Plan to implement the Growth Plan, prior to the Region of Durham adopting an amendment to their Official Plan that is acceptable to the Province; and WHEREAS the notification requirements under the Planning Act now preclude the ability of the Municipality to deliver prior to the June 16, 2010 deadline an amendment to the Municipality's Official Plan to implement the Growth Plan; and, WHEREAS the 2010 municipal election will also affect the timing of approval of amendments to the Clarington Official Plan; and, WHEREAS other Durham municipalities will have the same difficulties with regard to implementation of the Growth Plan; Council Agenda - 5 - April 12, 2010 THEREFORE BE IT RESOLVED THAT: THAT due to the unknown timing for the Province's final decision on ROPA 128, the Council of the Municipality of Clarington requests the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing grant an extension to the June 16, 2010 deadline for the Municipality of Clarington to amend the Clarington Official Plan to conform with the Growth Plan to June 10, 2011; and, 2. THAT a copy of the Council resolution be forwarded to the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing; and, 3. THAT a copy of the Council resolution be forwarded to the Regional Municipality of Durham and the Durham Region area municipalities for information. UNFINISHED BUSINESS 1. Status Report: Appeal to the Ontario Municipal Board by Smooth Run Developments Inc. (Metrus Developments Inc.) Brookfield Homes (Ontario) Limited on Applications in the Village North Neighbourhood in Newcastle (Tabled on January 11, 2010) 2. Direct Election of Regional Chair -Recall Mechanism (Tabled to Council by General Purpose and Administration Committee on March 29, 2010) BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT ~r~t l1.<.1_!.l li I,EadingtheWay Council Meeting Minutes March 22, 2010 Minutes of a regular meeting of Council held on March 22, 2010 at 7:00 p.m., in the Council Chambers. Councillor Hooper led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Director of Engineering Services, T. Cannella, attended until 8:16 p.m. Director of Community Services, J. Caruana, attended until 8:16 p.m. Solicitor, D. Hefferon Acting Director of Planning Services, F. Langmaid, attended until 8:16 p.m. Director of Corporate Services and Human Resources, M. Marano, attended until 8:16 p.m. Director of Finance/Treasurer, N. Taylor, attended until 8:16 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 8:16 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming,. attended until 8:16 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Novak indicated that she would be withdrawing Item 3 of Business Arising from Notice of Motion on tonight's Agenda regarding the Energy-From-Waste facility.. Councillor Novak acknowledged the passing of Peter Evans, Chair, Clarington Older Adults Association and extended sympathies to his family and friends. Council Meeting Minutes - 2 - March 22, 2010 Councillor Novak also announced the following: • Veridian Corporation has achieved the unprecedented milestone of 2,500,000 hours of safety equalling eight continuous years with no accidents: • She, along with Mayor Abernethy, attended a reception for the Greater Toronto Marketing Alliance (GTMA) advising of the partnership between the GTMA and the European Union Chamber of Commerce in Toronto (EUCCIT). • She attended the St. Patrick's Day Event at Ontario Power Generation and served pancakes at Purple Woods Conservation Area Maple Syrup Festival. Councillor Hooper announced the following: • The Bowmanville Eagles Junior Hockey Team won their division title against the Wellington Dukes. Councillor Hooper extended congratulations to the players, staff and team management for their success and overall sportsmanship play during the series. • He also served pancakes during the Purple Woods Conservation Area Maple Syrup Festival. • Councillor Hooper also acknowledged the passing of Peter Evans and advised a celebration of Mr. Evans' life will be held at the Clarington Older Adult Centre. • On Saturday, March 20, 2010, the Clarington Older Adult Association welcomed more than 80 new members at a New Member Breakfast. Mayor Abernethy read a press release in which Sandra Pupatello, Ontario Minister of Economic Development and Trade announced the partnership between the Greater Toronto Marketing Alliance (GTMA) and the European Union Chamber of Commerce in Toronto which will help to increase awareness in the European Union countries of opportunities in both the GTA and Ontario. Mayor Abernethy expressed optimism that there will be developments that will benefit Durham Region and Clarington. Mayor Abernethy advised that he was invited to address an Ontario Power Generation Leadership Forum to speak about Clarington as a host community for Ontario Power Generation (OPG). Mayor Abernethy advised that OPG looks to Clarington as a model with respect to the relationships they have with the Municipality, Council and the Community. Resolution #C-104-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on March 1, 2010, be approved, "CARRIED" Council Meeting Minutes - 3 - March 22, 2010 PRESENTATIONS There were no Presentations considered under this Section of the Agenda. DELEGATIONS Ken Bromley addressed Council concerning Item 42 of Report #1 - Report PSD-027-10 -Application to Amend Zoning By-Law 84-63 to permit the development of two (2) single detached lots (Green Martin Holdings Ltd.). Mr. Bromley indicated that he has resided in his home for 13 years and that in 1997 when he purchased the property he was told by Kaitlin and the seller that the piece of land behind his property which was designated agricultural would never have anything built on it. Mr. Bromley expressed concern that another company is now requesting an amendment to the Zoning By-law to permit two houses to be built on the pie- shaped lot. Mr. Bromley urged Council to uphold what was promised in 1997 and to deny the request for the amendment to the Zoning By-law so that the property will not become a building lot. Kelvin Whalen,. Vice-President of Green Martin Holdings, addressed Council concerning Item 42 of Report #1 -Report PSD-027-10 -Application to Amend Zoning By-Law 84-63 to permit the development of two (2) single detached lots (Green Martin Holdings Ltd.). Mr. Whalen advised that on March 8, 2010, the General Purpose and Administration Committee recommended the denial of the request for amendment to the Zoning By-law despite staffs recommendation to approve it. Mr. Whalen requested Council to consider reversing that decision and adopting the recommendations in the staff report. Mr. Whalen stated the text of the staff report outlines the merits of the planning application, which is consistent with the Provincial Policy Statement, the Provincial Growth Plan, the Durham Regional Official Plan and the Clarington Official Plan. Dan Carter advised prior to the meeting that he would not be addressing Council. COMMUNICATIONS Correspondence Item I - 31 was received as a hand out. Resolution #C-105-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information, including Hand-Out Item I - 31, be approved, with the exception of Items I - 10, I - 11, I - 12, I - 14, I - 15, I - 18, I-20and1-22. "CARRIED" Council Meeting Minutes - 4 - March 22, 2010 I - 1 Minutes of the Clarington Heritage Committee dated January 19, 2010 I - 2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated March 9, 2010 I - 3 Minutes of the Newcastle Community Hall Board dated January 19, 2010 I - 4 Minutes of the Animal Advisory Committee dated November 11, 2009 and March 10, 2010 I - 5 Linda J. Laliberte, CGA, General Manager/Secretary-Treasurer, Ganaraska Region Conservation Authority, forwarding a copy of the Authority's 2009 Annual Report and Financial Statements. I - 6 Debbie Shields, City Clerk, City of Pickering, writing to P. Madill, Regional Clerk, advising that on February 16, 2010, the City of Pickering adopted .the following resolution pertaining to an Integrity Commissioner: "WHEREAS the Councils of the City of Pickering and other municipalities in the Region of Durham should, and do wish to, maintain accountability and transparency; and WHEREAS the City of Pickering has a Code of Practice for Members of Council; and WHEREAS some municipalities have been creating a position of, or obtaining professional services of, an Integrity Commissioner to, where appropriate, review inquiries or complaints with respect to Members of Council and their Code of Conduct or Code of Practice; and WHEREAS it would be more fiscally efficient and consistent for the municipalities of the Region of Durham to establish and fund a position and services of an Integrity Commissioner for the Region of Durham and its eight municipalities than for each municipality to do so. NOW THEREFORE the Council of the City of Pickering requests that: 1. The Region of Durham establish the position of, or retain the professional services of, an Integrity Commissioner to serve the Region of Durham and its eight municipalities; 2. The mandate of the Integrity Commissioner be to review inquiries or complaints with respect to matters regulated in the municipalities' Code of Conductor Code of Practice; and Council Meeting Minutes - 5 - March 22, 2010 3. This motion be copied to the Councils of the Region of the Region of Durham and its seven other local municipalities, requesting their support and where possible be considered in the 2010 Regional budget." I - 7 Debbie. Shields, City Clerk, City of Pickering, writing to the Honourable Jim Bradley, Minister of Municipal Affairs and Housing, advising that on February 16, 2010, the City of Pickering adopted the following resolution pertaining to the Direct Election of the Region of Durham Chair - Ratification of the 2006 Ballot Question: "WHEREAS the position of Chair of the Regional Municipality of Durham has considerable responsibility, influence and authority over numerous public policy and service issues affecting all residents, businesses and electors in the Region of Durham; and WHEREAS the Government of Ontario may determine that the Chair of the Regional Municipality of Durham shall be directly elected by a general vote of all electors in the Region; and WHEREAS Pickering Council passed Resolution #214/05 that a public meeting and by-law to place the following question on the November 2006 City of Pickering election ballot be scheduled and that the City Clerk initiate the required process outlined in the Municipal Elections Act: Should the Council of the City of Pickering approve the following resolution? "THAT the Government of Ontario enact a regulation requiring the direct election of the Chair of the Regional Municipality of Durham. YES or NO"; and WHEREAS this question was placed on the ballot in November 2006 and the result was that 89% responded "yes" supporting the election of the Regional Chair. NOW THEREFORE BE IT RESOLVED THAT consistent with the results of the ballot question, the City of Pickering requests that the Government of Ontario enact a regulation requiring the direct election of the Chair of the Regional Municipality of Durham. AND FURTHER THAT a copy of this motion be forwarded to the Minister of Municipal Affairs and the municipalities in the Region of .Durham." Council Meeting Minutes - 6 - March 22, 2010 I - 8 Debbie Shields, City Clerk, City of Pickering, writing to the Honourable Jim Bradley, Minister of Municipal Affairs and Housing, advising that on February 16, 2010, the City of Pickering adopted the following resolution pertaining to the Direct Election of the Regional Chair: "WHEREAS the citizens of Pickering, Oshawa and Ajax voted by an aggregate 89.24% that the position of Regional Chair be chosen by direct election; and WHEREAS the remaining Durham Regional Municipalities of Whitby, Clarington, Brock, Scugog and Uxbridge have an opportunity to go to the electorate in the October 2010 municipal election and seek the opinion of their citizens on this important issue of accountability; and WHEREAS to bring about a change to directly elect the Regional Chair in the 2014 municipal election, the Region must first request that the Province of Ontario make a regulation under the Municipal Act. 2001 authorizing such a change; and NOW THEREFORE BE IT RESOLVED the Council for the City of Pickering reaffirms its position (By-Law # 6632/06) and that of its citizens on the matter of supporting direct election of the Regional Chair and that the Minister of Municipal Affairs and Housing be informed; and THAT copies of this resolution be forwarded to the Municipalities of Whitby, Clarington, Brock, Scugog and Uxbridge requesting that a question be put on their ballot on whether their citizens support direct election of the Regional Chair; and THAT a copy of this resolution be sent to Durham Regional Council for their endorsement." 1 - 9 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to P. M. Madill, Regional Clerk, Region of Durham, advising that on February 22, 2010, the Town of Ajax adopted the following resolution pertaining to Direct Election of the Regional- Chair: "THAT Council endorse the Notice of Motion on the March 10, 2010 Regional Council agenda that would authorize Regional Council to consider a By-law that would place a question regarding the method of selecting the Regional ,Chair on the October 25, 2010 regular election ballots of all lower-tier municipalities in the. Region." Council Meeting Minutes - 7 - March 22, 2010 I - 13 Premier Dalton McGuinty, thanking Council for sharing its views and feedback regarding the Waterfront Regeneration Trust's Waterfront Investment Program; and, indicating that he and his colleagues recognize and appreciate the beneficial impacts of creating a continuous waterfront trail -from the regeneration of the Lake Ontario waterfront to the revitalization of lakeside community economies. I - 16 Blair Labelle, Manager, Legislative Services/Deputy Clerk, Town of Ajax, advising Council that on February 16, 2010, the Town of Ajax received the municipality's correspondence regarding the 2010 Ballot Question on Election of the Regional Chair for information. I - 17 Colin Hunt, Director, Research & Publications, Canadian Nuclear Association, forwarding the 2010 Call for Nominations for the Canadian Nuclear Achievement Awards, in recognition of the accomplishments of individuals in several categories who have contributed to the advancement of nuclear energy in Canada; and, advising that the deadline for nominations has been extended to April 1, 2010. I - 19 The Honourable Deb Matthews, Minister of Health and Long-Term Care, acknowledging Council's correspondence regarding planned renovations to Bowmanville Hospital; advising that the Ministry has been working with Lakeridge Health Corporation (LHC) on capital proposals across various sites and in prioritizing capital projects; indicating that due to fiscal constraints and demand for capital funding, the Ministry has advised LHC that the Whitby site fire retrofit work has been prioritized ahead of other LHC capital project requests including. the project request for renovations in select clinical departments at LHC Bowmanville; and, assuring Council that the Ministry continues to prioritize capital project work at LHC and across the province, recognizing the needs at the Bowmanville Hospital. I - 21 Marolyn Morrison, Mayor, Town of Caledon and Chair, Greater Toronto Countryside Mayor's Alliance (GTCMA) writing to the Honourable Dalton McGuinty, Premier of Ontario, expressing concern that proposed changes to the Underserviced Area Designation Program will greatly affect Alliance member communities' ability to secure family physicians as they. are being combined with larger GTA municipalities for the purposes of this program, and that rural municipalities do not have an equal ability to draw and retain physicians as do those municipalities; expressing concern that the Province's comprehensive consultation with key stakeholders did not benefit from the collective views of the Mayor's of the GTCMA, despite attempts of the Alliance in organizing a meeting on behalf of the GTCMA with the Minister of Health and Long Term Care since last October; and, stating that although the decision regarding changes to the Underserviced Council Meeting Minutes - 8 - March 22, 2010 Area Designation program has been made, the Alliance feels that it is important that the Minister be aware that the GTCMA made every reasonable attempt to contribute to the decision and that it appears to the Alliance that receiving their input was not a priority with the Ministry of Health and Long Term Care. I - 23 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Mr. Terry Clayton, Durham Trail Co-ordinating Committee, advising that on March 10, 2010, Regional Council adopted the following resolution pertaining to the Durham Trail Co-ordinating Committee (DTCC) 2009. Annual Report, Revised Terms of Reference and 2010 Workplan: "a) THAT Report #2010-P-13 of the Commissioner of Planning be received as the Durham Trail Co-ordinating Committee's annual report on its activities in 2009; b) THAT the Terms of Reference for the Durham Trail Co-ordinating Committee be revised, as outlined in Attachment 1 to Report #2010- P-13; c) THAT the 2010 Durham Trail Co-ordinating Committee Workplan, as outlined in Attachment 2 to Report #2010-P-13, be approved; and d) THAT a copy of Report #2010-P-13 be forwarded to the Durham Trail Co-ordinating Committee and the area municipalities." I - 24 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising. Council that on March 10, 2010, Regional Council adopted the following resolution pertaining to the Annual subdivision/ Condominium Activity Report: "a) THAT Report #2010-P-14 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2010-P-14 be forwarded to the area municipalities." I - 25 Linda Gasser, forwarding a copy of her delegation to Regional Council of March 10, 2010, regarding the Incinerator EA, the Host Community Agreement and the Covanta contract; providing links to various websites regarding essential air pollution-health risk information; advising that other municipalities such as Oakville and Mississauga are acting in the public interest, are taking a proactive role in protecting the health of their citizens and are openly sharing information with their residents; expressing Council Meeting Minutes - 9 - March 22, 2010 concern that the Host Community Agreement is inconsistent with the advice provided by Dr. Kyle in recommending that independent ambient air and soil testing be conducted; and, requesting that Regional Council provide additional direction to staff to ensure that a draft Covanta contract is forwarded to Council for review prior to execution. I - 26 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), announcing the appointment of Chris Darling as Director, Development Review and Regulation for CLOCA, effective March 29, 2010. Chris has extensive experience in planning having worked in both the Planning Departments of the Region of Durham and the City of Kawartha Lakes. I - 27 Kim Coates, Clerk, Township of Scugog, advising Council that on February 16, 2010, the Township of Scugog received the municipality's correspondence regarding the direct election of the Regional Chair for information. I - 28 Kim Coates, Clerk, Township of Scugog, advising Council that on February 16, 2010, the Township of Scugog endorsed the municipality's resolution supporting the construction of the 407 East Extension to Highway 35/115 without any staging or phasing. I - 29 Sandra Kranc, City Clerk, City of Oshawa, writing to Gavin Battarino, Project Officer, Environmental Assessment and Approvals Branch, Ministry of the Environment advising that on March 8, 2010, Oshawa City. Council adopted the following resolution pertaining to Ministry of the Environment Issuance of the Notice of Completion of the Ministry Review for the Durham and York Residual Waste Study Amended Environmental Assessment: "THAT the Ministry of the Environment be advised in respect to its review of the Durham and York Residual Waste Study Amended Environmental Assessment: 1. THAT the City of Oshawa continues to oppose the construction of an Energy From Waste (incinerator) Facility in the Municipality of Clarington; and 2. THAT the City of Oshawa considers the Environmental Assessment Review process and public consultation to be insufficient to support such a project; and 3. THAT the City of Oshawa urges the Ministry to: a) Reject the Environmental Assessment application, or Council Meeting Minutes -10 - March 22, 2010 b) Failing that decision, to require the Region of Durham to redo the Environmental Assessment process by looking at all options beyond incineration and to ensure full and effective public consultation in all member municipalities in the Region of Durham; and THAT copies of the resolution be sent to the Regions of Durham and York, their member municipalities, their MPs and MPPs and to the leaders of the political parties in the Ontario Legislature and Canadian Parliament." I - 30 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on March 8, 2010, Oshawa City Council adopted the following resolution pertaining to Direct Election of the Regional Chair: "THAT the City of Oshawa support the Municipality of Clarington placing a question on their 2010 municipal election ballot regarding the direct election of the RegionaE Chair and Whitby, Brock, Scugog and Uxbridge Council's be encouraged to place a similar question on their 2010. municipal election ballots." I - 31 Kristin Robinson expressing concern that some of the wording in the Notice of Motion regarding the EFW facility is simply not true, summarizing statements taken from material documented throughout the EFW study which back up her position and contradict what has been included in the motion; and, urging Council not to adopt the motion as she feels it would be a disservice to the community if it were allowed to pass. I - 10 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the Honourable Dalton McGuinty, Premier. of Ontario, advising that on February 22, 2010, the Town of Ajax adopted the following resolution pertaining to the 407 East Extension to Highway 35/115: "THAT the resolution of the Municipality of Clarington asking that the completion of the 407 East extension be expedited, be endorsed." Resolution #C-106-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item I - 10 from Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, with respect to the 407 East Extension to Highway 35/115, be received for information. "CARRIED" Council Meeting Minutes - 11 - March 22, 2010 I - 11 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable Jim Bradley, Minister of Municipal Affairs and Housing, advising that on February 22, 2010, the City of Oshawa adopted the following resolution pertaining to changes to the Municipal Elections Act: "WHEREAS the budget is important during each and every year during a Council's term; and, WHEREAS a budget should never be used for political purposes; THEREFORE BE IT RESOLVED THAT the City of Oshawa ask that the Municipal Elections Act be changed so that candidates cannot register until after March 30 of the election year, thereby allowing the people's business to be conducted first and foremost; and THAT this motion be forwarded to the Province of Ontario, area municipalities, the Region of Durham, the Association of Municipalities of Ontario, and the Federation of Canadian Municipalities." Resolution #C-107-10 Moved by Councillor Trim, seconded by Councillor Woo THAT Correspondence Item I - 11 from Sandra Kranc, City Clerk, City of Oshawa, with respect to changes to the Municipal Elections Act, be received for information. "MOTION LOST" Resolution #C-108-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the City of Oshawa, with respect to changes to the Municipal Elections Act, be endorsed. "CARRIED" I - 12 Gerry Chaput, P.Eng, Chief Engineer, Ministry of Transportation, writing to John R. O'Toole, MPP Durham, regarding the installation of a floral display on Highway 401 in Bowmanville; indicating that in accordance with policy on Decorative Municipal Displays included in the recently completed Ontario Traffic Manual -Book 8: Guide & Information Signs, the Ministry of Transportation permits one Decorative Municipal Display for each direction of travel for upper, lower and single tier municipalities, First Nations territories and formerly incorporated communities; that Council Meeting Minutes - 12 - March 22, 2010 qualified municipalities are able to offer their option to install a display to a township or hamlet within their boundary; and, that Clarington is able to offer one or both of its decorative municipal displays to the community of Bowmanville. Resolution #C-109-10 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 12 from Gerry Chaput, P.Eng, Chief Engineer, Ministry of Transportation, with respect to a floral display on Highway 401 in Bowmanville, be referred to the Director of Engineering Services and the Director of Planning Services. "CARRIED" I - 14 Human Resources and Skills Development Canada announcing the New Horizons for Seniors Program, a federal government initiative providing funds to non-profit organizations, to enable seniors to share their knowledge, wisdom and experience with others, to improve facilities for seniors' programs and activities, and to raise awareness of elder abuse. Funding is available under the categories of Community Participation and Leadership, Capital Assistance and Elder Abuse Awareness. The application deadline is April 16, 2010. Resolution #C-110-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 14 from Human Resources and Skills Development Canada, with respect to the New Horizons for Seniors Program, be received for information; and that a copy of Item I - 14 be forwarded to the Clarington Older Adults Association. "CARRIED" I - 15 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable Jim Bradley, Minister of Municipal Affairs and Housing and the Honourable Brad Duguid, Minister of Energy and infrastructure, advising that on February 22, 2010, the City of Oshawa adopted the following resolution pertaining to Provincial Growth Plan Conformity Extension Request: "WHEREAS the Places to Grow Act, 2005 required municipal official plans to be amended to implement the provisions of the Growth Plan for the Greater Golden Horseshoe (Growth Plan). by June 16, 2009; and, Council Meeting Minutes - 13 - March 22, 2010 WHEREAS on February 2, 2009 City Council passed a resolution requesting the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing grant an extension to the June 16, 2009 deadline~for the City to amend the Oshawa Official Plan to conform with the Growth Plan to an appropriate date following the approval, or resolution of any appeals, of an amendment to the Durham Regional Official Plan that implements the provisions of the Growth Plan; and, WHEREAS on June 15, 2009 the Minister of Energy and Infrastructure granted the City a new deadline of June 16, 2010 for the City to amend its Official Plan to conform with the Growth Plan; and, WHEREAS in June 2009 the Region of Durham adopted Regional Official Plan Amendment 128 (ROPA 128) to implement the Growth Plan and forwarded it to the Province for approval; and, WHEREAS the Province has yet to issue a decision on ROPA 128 and it is unknown when a decision will be rendered; and, WHEREAS the City cannot adopt an amendment to the Oshawa Official Plan to implement ROPA 128 prior to final approval of ROPA 128 by the Province or the Ontario Municipal Board, as the case may be; -and, WHEREAS the notice requirements under the Planning Act now preclude the ability of the City to deliver prior to the June 16, 2010 deadline an amendment to the City's Official Plan to implement the Growth Plan and a Provincially-approved ROPA 128; and, WHEREAS the 2010 municipal election will also affect the timing of approval of amendments to the Oshawa Official Plan; and, WHEREAS other Durham municipalities (e.g. Whitby and Clarington) will also be requesting extensions to implement the Growth Plan; THEREFORE BE IT RESOLVED: 1. THAT due to the unknown timing for the Province's decision on ROPA 128, the Council of the City of Oshawa requests the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing to grant an extension to the June 16, 2010 deadline for the City to amend the Oshawa Official Plan to conform with the Growth Plan and the final approval of ROPA 128 to April 30, 2011; and, 2. THAT a copy of the Council resolution be forwarded to the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing; and, Council Meeting Minutes - 14 - March 22, 2010 3. THAT a copy of the Council resolution be forwarded to the Regional Municipality of Durham and the Durham Region area municipalities for information. THAT in the event the. Province grants the City's request for an extension to the deadline, at least one public meeting be held in the Columbus community." Resolution #C-111-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item I - 15 from the City of Oshawa, with respect to the Provincial. Growth Plan Conformity Extension request, be received for information. "CARRIED" I - 18 Tony Janssen, President, Scugog Chamber of~Commerce, writing to the Honourable Dalton McGuinty, Premier of Ontario, endorsing the choice of Darlington Nuclear Generating Station as the choice site for New Nuclear Build and congratulating the Province on its plan to secure energy sources and for choosing Ontario Power Generation as the operator for two new nuclear reactors at Darlington. Resolution #C-112-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item I - 18 from Tony Janssen, President, Scugog Chamber of Commerce, with respect to support for Nuclear New Build, be received for information; and THAT the Scugog Chamber of Commerce be thanked for their support of Nuclear New Build. "CARRIED" I - 20 Roger Anderson, Chair, Regional Municipality of Durham., writing to the Honourable Christian Paradis, Minister of Natural Resources, advising the Region of Durham is "Ontario's Energy Capital" and the success of the nuclear industry is critical to not only the Region's economicwell-being, but across Ontario and Canada; acknowledging that the province has committed to continue to build a clean, reliable and safe supply of electricity and remains committed to moving forward with nuclear new build at Darlington Nuclear Generating Station; .and, formally requesting a meeting with the Minister and interested stakeholders with a view to seeing nuclear new build move forward expeditiously. Council Meeting Minutes - 15 - March 22, 2010 Resolution #C-113-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I - 20 from Roger Anderson,. Chair, Regional Municipality of Durham, with respect to Nuclear New Build, be received for information. "CARRIED" I - 22 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Mr. Rob Messervey, Kawartha Conservation, advising that on March 10, 2010, Regional Council adopted the following resolution pertaining to the Lake Scugog Environmental Management Plan: "a) THAT the Lake Scugog Environmental Management Plan (November 2009) be endorsed in principle, subject to the comments in Report #2010-P-12 of the Commissioner of Planning and further discussions on implementation mechanisms and funding sources; b) THAT Regional staff continue to work with staff~from the Kawartha Region Conservation Authority, other municipalities, agencies and stakeholders as appropriate, to clarify implementation mechanisms and funding arrangements; and c) THAT a copy of Report #2010-P-12 be forwarded to the Kawartha Region Conservation Authority, the Township of Scugog, the Township of Brock, and the City of Kawartha Lakes." Resolution #C-114-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT the resolution from the Regional Municipality of Durham, with respect to-the Lake Scugog Environmental Management Plan, be endorsed. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-115-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 11, be approved as per the agenda, with the exception of Item D - 10. "CARRIED" Council Meeting Minutes - 16 - March 22, 2010 D - 1 William Krueger, Coordinator, Fundraising Events, MS Walk, Multiple Sclerosis Society of Canada, requesting permission to hold the 2010 Bowmanville MS Walk on Sunday, April 18, 2010, beginning at 9:40 a.m. at the Bowmanville High School in support of MS research and services; and, forwarding a copy of the proposed 5km and 10km Walk routes. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Dr. Eric Hoskins, Minister, Ministry of Citizenship and Immigration, advising nomination forms and information outlining details of the selection process for the Lincoln M. Alexander Award 2010, an annual award to recognize young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination, are available on the Ministry's website at www.ontario.ca/honoursandawards. The deadline for submission is May 31, 2010. (Correspondence referred to the Municipal Clerk to place information on the municipal website) D - 3 Rebecca Fortin, Community Development Coordinator, Community Development Council Durham, requesting that Thursday, April 8, 2010, be proclaimed as a "Day of Awareness for a Poverty Free Durham" to bring public awareness about the experience of poverty in Durham Region and to show that the municipalities within Durham Region recognize the struggles individuals living in poverty face. (Proclaimed) D - 4 Sheila Nicholas, Chair,. Teachers of English as a Second Language Association of Ontario, requesting the week of October 24 to 30, 2010, be proclaimed "English as a Second Language Week" in Clarington; and, inviting Members of Council to participate in their annual conference to be held October 29 to 30, 2010, providing professional development for educators, administrators, students and volunteers who work with immigrants, refugees, citizens and visitors wishing to improve their ability to communicate in English. (Proclaimed) D - 5 Kirsten Schmidt-Chamberlain, Central East Hospice Palliative Care Network, requesting that May 2 to 8, 2010, be proclaimed "Hospice Palliative Care Week" in order to raise awareness about hospice palliative care and to celebrate, recognize and share the achievements of hospice palliative care throughout the community. (Proclaimed) Council Meeting Minutes - 17 - March 22, 2010 D - 6 Dave Clark, Executive Vice President, Corporate Services and CFO, Veridian Connections, forwarding a note amending agreement and amendments to the shareholders agreement and proposed by-law; and requesting approval of the Note Amending Agreement and Shareholders' Agreement. (Approved and the appropriate by-law be passed) D - 7 Michael Chappell, One Call to Dig, Project Director, Ministry of Consumer Services, inviting the municipality to join Ontario's new voluntary, province-wide One Call to Dig system, designed to reduce damage to underground utilities and service disruption due to excavators not checking to see if important infrastructure is located in the area of the dig; and, advising that by joining the system, the municipality will help to protect workers and the public, reduce repair costs and impacts on vital services and infrastructure, and minimize costs to taxpayers. (Correspondence referred to the Director of Engineering Services) D - 8 Anthony Wilson-Smith, Vice-President, Communications, Canada Post, advising of the 2010 Canada Post Community Literacy Award, a national award dedicated to celebrating the achievements of adult learners, along with those who have helped them learn to read and write; and, encouraging Council to celebrate literacy in the community by nominating a deserving individual. The deadline for submission is May 21, 2010. (Correspondence referred to the Municipal Clerk to place information on the municipal website) D - 9 Jane E. Currie, Co-director, PFLAG Canada, Durham-Oshawa, requesting May 17, 2010, be proclaimed "International Day Against Homophobia" to send a message of tolerance, openness and hope and to combat homophobia and discrimination based on sexual orientation, and requesting permission to fly the rainbow flag on one of the Municipality's flagpoles. (Proclaimed) D - 11 Jacques Perreault, Manager, Environmental Health, .Region of Durham, advising of the expiration of the Sewage System Management Agreement with the Region of Durham effective March 31, 2010, for the enforcement of the Ontario Building Code (OBC) Part 8 Services and requesting renewal of the agreement for another 3 year term. Attached to the agreement is a revised user fee structure approved by Regional Council. (Correspondence referred to the Director of Engineering Services) Council Meeting Minutes - 18 - March 22, 2010 D -10 Gerry Phillips, Chair of Cabinet, Minister Without Portfolio, Responsible for Seniors, advising that the month of June marks the 26th Anniversary of 'Seniors' Month', recognizing the contributions seniors make to family, community, province and country; and,rextending an invitation to Council. to participate in the 2010 Senior of the Year Awards by nominating one outstanding local senior who, after age 65, has enriched the social, cultural or civic life of the community without thought of personal or financial gain. Nomination forms for The Senior of the Year Award are available on the Ministry of Citizenship and Immigration's website afi w+ww.citizenship.gov.on.ca and are due by April 30, 2010. Resolution #C-116-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D - 10 from Gerry Phillips, Chair of Cabinet, Minister Without Portfolio, Responsible for Seniors, with respect to the 2010 Senior of the Year Award, be received for information; and that a copy of Correspondence Item D - 10 be forwarded to the Clarington Older Adults Association. "CARRIED" Resolution #C-147-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Gord Lee be nominated for the `Senior of the Year' Award. "CARRIED" D - 12 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on March 10, 2010, Regional Council adopted the following resolution pertaining to the Question on the Ballot Re: To Change the Method of Selecting the Regional Chair from appointment by the Members of Regional Council to Election by General Vote of All Electors: "1. WHEREAS, the Municipal Act, 2001, as amended, states the head of an upper-tier municipality "shall be elected by general vote, in accordance with the Municipal Elections Act, 1996, or shall be appointed by the members of council", and WHEREAS electors in the Regional Municipality of Halton and Waterloo are able to choose their Regional Chair by general vote; and Council Meeting Minutes - 19 - March 22, 2010 WHEREAS the Municipal Elections Act, 1996, states that the council of a municipality may pass a by-law to submit to its electors a question not otherwise authorized by law but within the council's jurisdiction; and WHEREAS the November 2006 ballots in the Town of Ajax and the Cities of Pickering and Oshawa each contained a question asking electors if they wished their local councils to approve a resolution to request that the Government of Ontario make a regulation requiring that the method of selecting the Chair of the Regional Municipality of Durham be changed to election by general vote; and WHEREAS electors responded to the ballot question as follows: "YES" "NO" AJAX 12,176 (89.39%) 1,445 (10.61 %) PICKERING 14,917 (89.24%) 1,798 (10.76%) OSHAWA 21,799 (86.31 %) 3,457 ,13.69%) TOTAL 48,892 (87.95%) 6,700 (12.05%) AND WHEREAS the 2006 ballot question results indicate overwhelming public support for changing the method of selecting the Regional Chair to election by general vote; and WHEREAS determining the method of electing the Regional Chair rightfully belongs to all the electors within the Region;' NOW THEREFORE BE IT RESOLVED that Council consider passing a by-law to submit the following question to electors in all lower-tier municipalities in the Regional Municipality of Durham on October 25, 2010 regular election ballot: "Are you in favour of the Council of the Regional Municipality of Durham passing the- necessary resolutions and by-laws to change the method of selecting its Chair from appointment by the members of Regional Council to election by general vote of all electors in the Region." YES NO AND that the Regional Clerk and Solicitor undertake all measures required and necessary to give effect to this resolution. Council Meeting Minutes - 20 - March 22, 2010 2. That Staff report back by June 2010 with an analysis of issues relating to the direct election of the Regional Chair, including, but not limited to, the following: a) projected costs to campaign based on current mayoral municipal practices; b) financing of the campaign costs, including anticipated sources of financing; c) the potential introduction of party politics at the municipal level in Durham and the risks/benefits associated with that; d) opportunities to reduce campaign costs and ensure accessibility to candidates of all financial means through innovative reform of the current election process; e) analysis of current processes in Halton and Waterloo for direct election; f) consecutive term limits; g) analysis of any additional powers required by or appropriate to an elected Chair to ensure that future Councils remain effective and responsive; h) .recognition of the strong rural and agricultural fabric in Durham, the limitations on population growth in the. northern municipalities and the need to ensure that effective representation of rural Durham will not be compromised by a shift to direct election; and i) That in addition to the foregoing issues, the local municipalities of Durham Region submit any further questions regarding the direct election of the Regional Chair to the Regional Clerk for the next Regional Council meeting scheduled for March 31, 2010." Resolution #C-118-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Region of Durham, with respect to the Question on the Ballot Re: To Change the Method of Selecting the Regional Chair, be endorsed. "CARRIED" D - 13 Charles Zhao, Managing Partner, CPTrip Service, requesting to further discuss with the Municipality the possibility of Clarington engaging in a Sister City Program with a city in the Zhejiang Province in China, with a goal of strengthening business and cultural exchanges and to promote trade and investment. Council Meeting Minutes - 21 - March 22, 2010 Resolution #C-119-10 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence Item D - 13 from Charles Zhao, Managing Partner, CPTrip Service, with respect to Sister City Program, be referred to the Chief Administrative Officer. "CARRIED" D - 14 Garth Gilpin, Secretary-Treasurer and General Manager, Historic Downtown Bowmanville Business Centre, requesting that free transit service be arranged in Bowmanville from 8:00 a.m. until 5:00 p.m. on Saturday, October 16, 2010, in an effort to reduce traffic congestion and parking problems during the Apple Festival and Craft Sale. Resolution #C-120-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT the request by the Historic Downtown Bowmanville Business Centre for free transit service in Bowmanville on October 16, 2010 during Applefest be supported. "CARRIED" D - 15 Humane Society of Durham Region, requesting financial assistance to .help with the construction of a new shelter, as a result of a devastating event on December 17, 2008, when the previous shelter was destroyed by fire; indicating they have received. funding from-the Federal and Provincial Governments in the amount of $1,394,000 but must still raise $697,000 to fulfill their commitment to the infrastructure agreement; and, highlighting partnership opportunities available to companies to become involved and~to make a difference by supporting the Humane Society of Durham in generating awareness of their cause. Resolution #C-121-10 Moved by Councillor Novak, seconded by Councillor Trim THAT the request for financial assistance from the Humane Society of Durham Region be received for information. "CARRIED" Council Meeting Minutes - 22 - March 22, 2010 D - 16 Danielle Canfield, Clarington .resident and Grade 12 student, requesting financial support to assist with her mission trip to Malawi, Africa on August 15 to 30, 2010, as part of the Tattered Tiaras Organization which promotes self-esteem and leadership skills in young women. During her time in Malawi, Ms. Canfield advises she will be working with disadvantaged children and #hat the total cost of her trip is $3500 and any. support would be appreciated. Resolution #C-122-10 Moved by Councillor Foster, seconded by Councillor Woo THAT the request for financial assistance from Danielle Canfield be denied; and that Danielle Canfield be provided with an explanation of the criteria for the Municipal Grant Program. "CARRIED" D - 17 J. W. Tiernay, Executive Director, Ontario Good Roads Association, requesting support of the Municipal DataWorks (MDW) project, the collection of key infrastructure data on acommunity-by-community basis; indicating that targeting infrastructure investment in an efficient and effective manner is a priority, and that MDW provides the framework and, with data, the strategic business intelligence to decision-makers so that the data is interpreted uniformly; suggesting that investment in critical infrastructure is not an option, it is simply a question. of how to go about. it and to select priorities; and, indicating that OGRA believes that MDW fills the need on behalf of their membership, stakeholders and partners in conveying the requirements of infrastructure funding needs. Resolution #C-123-10 Moved by Councillor Trim, seconded by Councillor Hooper THAT Correspondence Item D - 17 from J. W. Tiernay, Ontario Good Roads Association, with respect to the Municipal DataWorks (MDW) Project, be received for information. "CARRIED" D - 18 Jeremy Woodcock expressing concern that the municipality does not permit a link to the websites of candidates running in the 2010 Municipal Elections; and, suggesting that this may be in violation of the candidates Charter of Rights or the Human Rights Code. Council Meeting Minutes - 23 - March 22, 2010 Resolution #C-124-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D - 18 from Jeremy Woodcock, with respect to Municipal Policy regarding link to Election Candidate's website, be received for information. "CARRIED" COMMITTEE REPORT(S) Report #1 -General Purpose and Administration Committee Report March 8, 2010. Resolution #C-125-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of March 8, 2010 be approved, with the exception of Items #1(b), #6, and #42. Item 1 b "CARRIED" Resolution #C-126-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Item #1(b) of Report #1 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Item 6 Resolution #C-127-10 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report CSD-002-10 be received; THAT Council consider all submitted grant requests; THAT Council provide direction on the Ride4United Way request for funding; THAT the Ride4United Way be advised of Council's decision; and Council Meeting Minutes - 24 - March 22, 2010 THAT a grant in the amount of $2,500 be approved for the Tyrone Hall .Board. "CARRIED" Item 42 Resolution #C-128-10 Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS the Clarington Council has duly considered the applications submitted by Green Martin Holdings Ltd to amend the Comprehensive Zoning By-law 84-63; WHEREAS the General Purpose and Administration Committee made a recommendation to Council to "deny" the application; WHEREAS Council has concerns with the proposal as the physical massing of the buildings is out of character with the surrounding neighbourhood; WHEREAS Council has concerns that on-street parking at this location could be a safety concern; WHEREAS, despite the efforts of Green Martin Holding Ltd to address concerns of the immediate adjacent residents, Council has concerns with respect to the information that was provided to residents on the future use of these lands; WHEREAS Council has concerns that the developer or their agent made representations to purchasers that may not have provided an accurate portrayal of the future use of the lands; WHEREAS after duly weighing the materials provided by Green Martin Holding Ltd., the concerns of the neighbouring residents regarding on-street parking and the building massing, Clarington Council has determined that the approval of the Green Martin Holding 'Ltd application is not in the public interest; THEREFORE BE IT RESOLVED THAT Report PSD-027-10 be received; THAT the application to amend Zoning Bylaw 84-63 submitted by Green Martin Holding Ltd (File ZBA 2009-0009) be refused; and THAT the Region of Durham, the applicant and all interested parties listed in Report PSD-027-10 and any delegation be advised of Council's decision. "CARRIED" Council Meeting Minutes - 25 - March 22, 2010 STAFF REPORT(S) There were no Staff Reports considered under this Section of the Agenda. Deputy Mayor Novak chaired this portion of the meeting. BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-129-10 Moved by Mayor Abernethy, seconded by Councillor Woo WHEREAS the Councils of the Municipality of Clarington and other municipalities in the Region of Durham should, and do wish to, maintain accountability and transparency; and WHEREAS the Municipality of Clarington has a Code of Ethics for Members of Council; and WHEREAS some municipalities have been creating a position of, or obtaining professional services of, an Integrity Commissioner to, where appropriate, review inquiries or complaints with respect to Members of Council and their Code of Conduct or Code of Ethics; and WHEREAS it would be .more fiscally efficient and consistent for the municipalities of the Region of Durham to establish and fund a position and services of an Integrity Commissioner for the Region of Durham and its eight municipalities than for each municipality to do so. NOW THEREFORE the Council of the Municipality of Clarington requests that: 1. The Region of Durham establish the position of, or retain the professional services of, an Integrity Commissioner to serve the Region of Durham and its eight municipalities; and 2. The mandate of the Integrity Commissioner be to review inquiries or complaints with respect to matters regulated in the municipalities' Code of Conductor Code of Ethics; and Council Meeting Minutes - 26 - March 22, 201.0 This motion be copied to the Councils of the Region of Durham and ifs seven other local municipalities requesting their support and where possible be considered in the 2010 Regional budget. "MOTION LOST ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecunia Interest Absent Ma or Aberneth Councillor Foster Councillor Hoo er Councillor Robinson Councillor Trim Councillor Woo Councillor Novak Mayor Abernethy and Councillor Hooper advised that they were withdrawing Item. 2 of Business Arising from Notice of Motion regarding the Memorial Hospital Foundation- Bowmanville. Mayor Abernethy resumed the Chair. Councillor Novak and Councillor Robinson advised that they were withdrawing Item 3 of Business Arising from Notice of Motion regarding the Energy-From- Waste facility. UNFINISHED BUSINESS Resolution #C-130-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Item 11 of Report #2 -Report CLD-005-10 -Ballot Question, RE: Election of Regional Chair be lifted from the table. . "CARRIED" Resolution #C-131-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report CLD-005-10 be received; THAT the following question be placed on the 2010 municipal election ballot: Should the Council of the Municipality of Clarington approve the following resolution: Council Meeting Minutes - 27 - March 22, 2010 THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote.; and THAT Council's decision be forwarded to all municipalities within the Regional Municipality of Durham. "CARRIED" BY-LAWS Resolution #C-132-10 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2010-023 and 2010-024; 2010-023 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Courtice Homestead Land Corporation) 2010-024 Being a by-law to (i) approve and authorize the execution of a note amending agreement made as of the 30th day of March, 2010 in respect of fourth amended and restated promissory notes dated March 30th, 2010 issued .by Veridian Connections lnc. in favour of The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington and The Corporation of the City of Pickering; (ii) to approve the issue of fourth amended and restated promissory notes dated March 30th, 2010; and (iii) to approve and authorize the execution of a second amending agreement to a shareholders' agreement dated September 28, 2001, as amended by a first amending agreement dated September 30, 2003, among The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation. of the Municipality of Clarington and The Corporation of the City of Pickering, Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc.; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION Councillor Novak and Councillor Hooper gave notice that they will be introducing the following motion at the next Council meeting: Council Meeting Minutes - 28 ~- March 22, 2014 ' "WHEREAS the Places to Grow Act, 2005 requires municipal official plans be amended to implement the provisions of the Growth Plan for the Greater Golden Horseshoe (Growth Plan) by June 16, 2009; and, WHEREAS on March 23, 2009 Clarington Council passed a resolution requesting the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing grant an extension to the June 16, 2009 deadline for the Municipality of Clarington to amend the Clarington Official Plan to conform with the Growth Plan to an appropriate date following the approval, or resolution of any appeals, of an amendment to the Durham Region Official Plan that implements the provisions of the Growth Plan; and, WHEREAS on June 15, 2009 the Minister of Energy and Infrastructure granted the.Municipality anew deadline of June 16, 2010 for the Municipality to amend its official plan to conform with the Growth Plan; and, WHEREAS in June 2009 the Region of Durham adopted Regional Official Plan Amendment 128 (ROPA 128) to implement the Growth Plan and forwarded it to the Province for approval; and, WHEREAS the Municipality of Clarington initiated the review of the Official Plan to conform to the Growth Plan and ROPA 128 and has undertaken public consultation and are in the process of reviewing the growth management and intensification discussion papers; and WHEREAS on March 12, 2010 the Province issued a draft decision on ROPA 128 proposing draft modifications to ROPA 128 to ensure conformity with the Growth Plan and other applicable provincial plans and policies ;and, WHEREAS the draft Provincial decision has major implications for Clarington, as the Province is requesting the deletion of two special policy areas in north Courtice, deletion of a proposed urban expansion west of Newcastle Village, plus the deletion of proposed employment lands in Courtice all adopted by Regional Council as part of ROPA 128, and WHEREAS the Municipality cannot adopt an amendment to the Clarington Official Plan to implement the Growth Plan, prior to-the Region of Durham adopting an amendment to their Official Plan that is acceptable to the Province; and WHEREAS the notification requirements under the Planning Act now preclude the ability of the Municipality to deliver prior to the June 16, 2010 deadline an amendment to the Municipality's Official Plan to implement the Growth Plan; and, WHEREAS the 2010 municipal election will also affect the timing of approval of amendments to the Clarington Official Plan; and, Council Meeting Minutes - 29 - March 22, 2010 WHEREAS other Durham municipalities will have the same difficulties with regard to implementation of the Growth Plan; THEREFORE BE IT RESOLVED THAT: THAT due to the unknown timing for the. Province's final decision on ROPA 128, the Council of the Municipality of Clarington requests the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing grant an extension to the June 16, 2010 deadline. for the Municipality of Clarington to amend the Clarington Official Plan to conform with the Growth Plan to June 10, 2011; and, 2. THAT a copy of the Council resolution be forwarded to the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing; and, . 3. THAT a copy of the Council resolution be forwarded to the Regional Municipality of Durham and the Durham Region area municipalities for information." OTHER INFORMATION Resolution #C-133-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the rules of procedure be suspended to allow the introduction of a motion concerning "Earth Hour". "CARRIED" Resolution #C-134-10 Moved by Councillor Novak, seconded by Councillor Foster WHEREAS climate change is an environmental threat to our planet and a concern for Canadians; WHEREAS at exactly 8:30 pm on March 27, 2010, towns and cities around the world will turn off their lights for one hour to raise awareness about climate change and to symbolize that, working together, the people of the world can make-a difference in the fight against global warming; WHEREAS the event, called "Earth Hour", a World Wildlife Fund (WWF) initiative that was officially announced in December 2007 at the United Nations Conference on Climate Change, has grown from a single event in Sydney, Australia to a global phenomenon; Council Meeting Minutes - 30 - March 22, 2010 WHEREAS the Clarington Living Green Committee has proposed that Clarington citizens join the worldwide effort again in 2010; WHEREAS Clarington outperformed all other municipalities in the Durham Region in 2008 and 2009 with a reduction in energy consumption during Earth Hour; WHEREAS the goal is to educate the community on the threat of climate change and how each individual and business can make a difference every day; and to get as many individuals, households, and businesses as possible to turn off their lights as a symbolic statement that now is the time to take action on climate change; WHEREAS participating in this historic event sends a powerful message to every citizen and business that The Municipality of Clarington cares about our planet and is willing to take a leadership position against climate change and global warming; WHEREAS participating in this historic event sends a powerful message to every citizen and business around the world that it's possible to take action on climate change and that switching off our lights is just one simple action we can take to help make a difference; THEREFORE BE IT RESOLVED by the Council of The Municipality of Clarington as #ollows: THAT at 8:30 pm on March 27, 2010, the Municipality of Clarington will join other communities around the world in literally "turning out the lights" by shutting off all non- essential lighting in all of its facilities, where feasible, and without jeopardizing safety, for one full hour; THAT, to be formally recognized around the world as an Earth Hour participant, the .appropriate. staff register at wwf.ca/Earth Hour, the official website for this initiative; THAT the Municipality of Clarington's participation in Earth Hour be promoted in order to raise awareness about this important issue and in order to encourage every individual, household and business in Clarington, and beyond, to join in by turning off their lights for one hour at 8:30 pm on March 27, 2010; and THAT a copy of this Resolution be forwarded to every municipality in the Regional Municipality of Durham, encouraging them to participate in Earth Hour. "CARRIED" Council Meeting Minutes - 31 - March 22, 2010 Resolution #C-135-10 Moved by Councillor Trim, seconded by Councillor Robinson 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 litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. "CARRIED" The meeting resumed in open session at 8:46 p.m. The Mayor advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Resolution #C-136-10 Moved by Councillor Foster, seconded by Councillor Trim THAT Report SOL-001-10 -Newcastle Recycling Proposed Settlement be received for information. "CARRIED" CONFIRMING BY-LAW Resolution #C-137-10 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-law 2010-025, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 22" .day of March, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 32 - ADJOURNMENT Resolution #C-138-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 8:47 p.m. "CARRIED" MAYOR March 22, 2010 MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE April 12, 2010 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated December 10, 2009 and January 21, 2010.. (Copies attached) I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated February 18, 2010. (Copy attached) I - 3 Minutes of the Orono Community Improvement Plan Community Liaison Group dated January 6, 2010. (Copy attached) I - 4 Minutes of the Ganaraska Region Conservation Authority dated March 18, 2010. (Copy attached) I - 5 Minutes of the St. Marys Cement Community Relations Committee dated March 9, 2010. (Copy attached) I - 6 Andrew Brouwer, Deputy Town Clerk, Town of Markham, advising Council that on March 9, 2010, the Town of Markham adopted the following resolution pertaining to creation of new residential condominium property classes: "1. THAT the report "Creation of New Residential Condominium Property Classes" be received; and, 2. THAT the Condominium Working Group recommends to Council that it support the creation of new property classes for residential condominium townhomes and residential condominium apartments in Ontario; and 3. THAT the. Province of Ontario be requested to amend legislation and any necessary regulation(s) to create a new property class for residential townhome condominiums and a new property class for residential apartment condominiums; and, 4. THAT letters regarding this request be sent to the Premier of Ontario, the Minister of Finance, the Minister of Municipal Affairs, the Minister of Energy and Infrastructure, the Canadian Condominium Institute (CCI), the Association of Municipalities of Ontario (AMO), the Federation of Canadian Municipalities (FCM), other Greater Toronto Area municipalities and any other appropriate organization; and further; Summary of Correspondence - 2 - April 12, 2010 5. THAT staff be authorized and directed to do all things necessary to give effect to this resolution." I - 7 Warren (Smokey) Thomas, President, Ontario Public Service Employees Union (OPSEU) and Ivan Herrington, Chair, OPSEU Bargaining Team, Municipal Property Assessment Corporation (MPAC) forwarding correspondence to all Ontario Municipal Councils outlining service quality issues at MPAC that the Union believes will have a negative impact on the quality of assessment including MPAC's plans for restructuring operations following more than ten years of continuous change, potential staff reductions through conversion from full-time to part-time work and questionable spending practices. The Union feels these issues will result in less service to taxpayers and municipalities. I - 8 Carl Isenburg, President and Chief Administrative Officer, Municipal Property Assessment Corporation, (MPAC) writing to all Ontario Municipal Councils in response to the issues raised in correspondence from the Ontario .Public Service Employees Union (OPSEU) indicating that MPAC is currently in negotiations with OPSEU to renew their collective agreement and that the staff realignment enabling managers in field offices to more effectively allocate resources to respond to local issues and concerns, including addressing supplementary and omitted assessment backlogs, was shared with OPSEU at the bargaining table and was based on suggestions- and input from employees across the organization; that the issue of seasonal and part-time staff is also being discussed with OPSEU as part of negotiations; responding that estimated costs noted by the Union are total costs budgeted over four years; and, offering to provide any additional information or answer any questions regarding MPAC's activities and operations. I - 9 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on March 10, 2010, Regional Council endorsed the following resolution of the Municipality of Clarington regarding building of 407 East (Mainline and Link) atone time: "WHEREAS the Municipality of Clarington supports the construction of the 407 East (mainline and link) through to its termination at Highway 35/115; WHEREAS the Municipality of Clarington supports the aggressive schedule to substantially complete the Highway in 20'13; Summary of Correspondence - 3 - April 12, 2010 WHEREAS the implementation of the Highway is beyond the scope of the Environmental Assessment; WHEREAS it is understood that there is substantial work to be done, by the Ministry of Transportation, its consultants, and contractors to determine the best way to deliver the project within the timeline and budget, and understanding that the Ministry is pursuing all available opportunities to accelerate the overall schedule without compromising the Provincial and Federal EA Acts and approved Terms of Reference for the project; WHEREAS the Municipality of Clarington supports the efforts of the Ministry and Province to meet its obligations as set out in the FLOW initiative, an agreement the Federal and Provincial governments to improve transportation infrastructure in the Greater Toronto Area (GTA) and WHEREAS staging or phasing the Highway would have negative impacts on the Regional and local road networks; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington continues to support the construction of the 407 East Extension to Highway 35/115 without any staging or phasing; AND FURTHER THAT this resolution be circulated to the Region of Durham and its local municipalities for support and forwarded to the Minister of Transportation and Premier." I - 10 Teva Surujpaul and Aisha Surujpaul, writing to Mr. Gavin Battarino, Project Officer, Environmental Assessment and Approvals Branch, Ministry of the Environment, indicating that they are strongly opposed to the building of an incinerator in Durham Region due to the adverse effects on their health and quality of life; indicating that the incinerator is both unwarranted and unnecessary; and, providing grounds on which the incinerator should be refused including the production of particulate matter known to be sources of cancer and respiratory problems, noise, smell, smoke, traffic, pollution, disposal of toxic ash and reduction in housing values. Summary of Correspondence - 4 - April 12, 2010 I - 11 Mayor Marolyn Morrison, Town of Caledon, writing to the Honourable Jim Bradley, Minister of Municipal Affairs and Housing, regarding Caledon's unique circumstances in dealing with the existing, four provincial land use plans; indicating the principal challenge of Places to Grow is the linking of employment figures and population figures; expressing concern that given the increasing level of robotics in industry in order for Canada to compete internationally achieving a density of employment of 50 employees ,per hectare in Greenfield development is impossible; and, advising .that this is an issue which the 14 municipalities in the Greater Toronto Countryside Mayors Alliance agree is an impediment to their financial sustainability and their ongoing ability to maintain their support and implementation of provincial land use plans. I - 12 Mary Desjardins, Executive Director, TD Friends of the Environment Foundation (TD FEF), one of Canada's longest-serving environment and wildlife-focused charities, providing information on the TD Green . Streets Program, a program that has provided grants of up to $15,000 to more than 370 Canadian municipalities to plant and maintain trees since 1994; outlining program criteria and eligibility; and, indicating that additional information is available on the TD Green Streets program website at www.tdgreenstreets.ca. I - 13 .John R. O'Toole, MPP, Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, forwarding a copy of the Municipality's resolution in support of amending the Ombudsman Act to include hospitals under the Ombudsman's jurisdiction; indicating his support of the resolution and advising that Ontarians are concerned over issues related to openness and accountability; stating that he feels that hospitals and Ontario's healthcare system would benefit from checks and balances that could be provided through the Ombudsman; and, that he hopes the Premier will agree that the Province will take steps to include hospitals among the Ombudsman's responsibilities. I - 14 Jordan McCormack, writing in support of Emily Pillinger's request to change the Exotic Pets By-law to include the keeping of three hens in single family backyards; indicating that the United Nations .has deemed that Federal, Provincial and Municipal governments have an intemational obligation to provide an enabling environment for people to feed themselves; and, requesting that Clarington support these intemational obligations by allowing the keeping of three chickens in backyards in accordance with current by-laws protecting against excessive noise and odour and by-laws that require property maintenance.. Summary of Correspondence - 5 - April 12, 2010 I - 15 Blair Labelle, Deputy Clerk, Town of Ajax, advising that on March 29, 2010, the Town of Ajax adopted the following recommendation pertaining to Drinking Water Source protection EBR Posting: Comments on Draft Regulation for Source Protection Plans: "1. THAT the report entitled "Drinking Water Source Protection EBR Posting: Comments on Draft Regulation for Source Protection Plans", dated March 25, 2010, be endorsed; 2. THAT the Provincial Minister of the Environment be respectfully requested to better protect Lake Ontario as a source of surface drinking water by directing the Ministry to amend the proposed Draft Regulation as follows: a) delete Section 19.4(c), thereby continuing to identify sewage systems as "prescribed activities" and require their evaluation as significant threats to drinking water sources in Assessment Reports and Source Protection Plans; and, b) modify Section 19.13 (Significant Threat Policies) in the manner set out in Attachment No. 2 to this report; 3. THAT the Minister be respectfully requested to direct the Ministry to: a) establish protective water policies and water quality targets for Lake Ontario in the Source Protection Plans for the CTC Region to achieve reduced contaminant emissions from Sewage Treatment Plants; b) widen the scope of spill scenario modeling to include not only pathogenic and algal threats but also chemical and radiological threats, and evaluate longer times-of-travel, to plan for extended closure of Water Supply Plants along the Lake Ontario shoreline due to, for example, prolonged persistence of a tritium spill or cyanobacteria blooms in coastal waters; c) protect groundwater resources not presently tapped by municipal drinking water systems as possible future drinking water sources in the event of a catastrophic event affecting Lake Ontario water for a long period of time; and, Summary of Correspondence - 6 - April 12, 2010 d) require a more comprehensive consultation process be undertaken by the CTC Region in the Town of Ajax, including public open houses with presentations and Q&A sessions in afternoons and evenings, regarding draft and proposed Assessment Reports and Source Protection Plans being prepared by the Toronto Region Source Protection Authority and the Central Lake Ontario Source Protection Authority; 4. THAT the. Minister be respectfully requested to: a) provide sustained, reliable funding for continued evaluation of potential threats posed by Sewage Treatment Plant discharges into Lake Ontario, which is the Town of Ajax's primary source of drinking water; b) require integration of the best available wastewater treatment technologies into all stages of the expanding Duffin Creek Sewage Treatment Plant, as well as ongoing performance monitoring, and installation of better technologies during the lifetime of the Plant as they become available;. c) impose stringent treated effluent standards for Lake. Ontario receiving waters along the West Durham Waterfront where combined discharges from the Duffin Creek Sewage Treatment Plant, the Pickering Nuclear Generating Station and DufFns Creek merge in close proximity to the Ajax Water Supply Plant's intake and Rotary Park Beach; d) require the Regions of York and Durham, as part of the environmental assessment being initiated to identify how constraints posed by the Duffin Creek Sewage Treatment Plant's submerged outfall/diffuser to increasing the volume of treated wastewater discharged can be overcome pursuant to existing Ministry conditions and as a prerequisite to the filing of an Environmental Study Report with the Ministry, to: i) undertake comprehensive sampling and analyses of the widest possible range of contaminants in waters and sediments in the receiving water, co-operatively and in conjunction with the Town of Ajax; ii) require the Regions to share and discuss the scientific analyses and findings with the Town of Ajax; and, Summary of Correspondence - 7 - April 12, 2010 iii) require the Regions to bear the cost of peer reviews by consultants retained by the Town, and to meet with the Town and peer reviewer, as may be necessary, to discuss options and solutions to any outstanding Ajax concerns; e) work with the Ministers of Research and Innovation and Health to: i) promote funding of research and development into improved wastewater treatment and clean-water . technologies; and, ii) provide sufficient funding to enable the purchase, installation, monitoring and upgrading of clean-water technologies in Water Supply Plants, as well as wastewater treatment technologies in Sewage Treatment Plants, to protect water quality and human and aquatic health; 5. THAT the Federal Minister of the Environment be respectfully requested to: a) expedite the protection of human and aquatic health in the Great Lakes Basin by amending the proposed Federal Regulation for Municipal Sewage Treatment Plant Effluent to address the concerns identified in this staff report, including applying stringent effluent limitations on municipal Sewage Treatment Plants, including York and Durham Regions' Duffin Creek Sewage Treatment Plan on the West Durham Waterfront; b) impose .requirements for advanced wastewater treatment technology on municipal Sewage Treatment Plants, with tertiary treatment and stringent nutrient limitations as minimum standards; Summary of Correspondence - 8 - April 12, 2010 c) in the absence of Provincial action with respect. to municipal Sewage Treatment Plants, impose more stringent treated effluent emission limitations on large-scale Plants in the Great Lakes Basin, including the Duffin Creek Plant, to reduce contaminant emissions (i.e., nutrients, pathogens and chemical) into our finite, diminishing freshwater resources, including the embayment along the West Durham Waterfront on the north shore of Lake Ontario where the large Duffin Creek Plant is expanding to release increasing volumes of treated effluent in close proximity to the Ajax WSP intake for many decades ahead; d) provide sufficient, sustained funds to conduct a further joint study of the sources and effects of contaminant discharges on water quality within the confined Great Lakes Basin watershed; and, e) direct Environment Canada and Health Canada researchers to continue to co-ordinate their work, costs and resources with fellow researchers at the Ontario Ministry of the Environment to consolidate their findings and identify effective actions that need to be taken to protect water quality; and, 6. THAT this report be forwarded to the Federal and Provincial Ministers of the Environment, the Minister of Research and Irinoyation, the Minister of Health, the Great Lakes and St. Lawrence Cities Initiative, the CTC Source Protection Committee, Toronto Region Source Protection Committee, Central Lake Ontario Source Protection Committee, Durham Region, the area municipalities in Durham Region, and Durham Region Members of Parliament and Members of Provincial Parliament." I -16 Gail Rickard, Chair, Clarington Public Library, thanking Members of Council for their continued support ~of the Clarington Public Library indicating that approval of the 2010 operating budget will assist the library in continuing to provide services and programs to the community. I - 17 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Ken Nash, President and CEO, Nuclear Waste Management Organization, advising that on March 31, 2010, Regional Council adopted the following resolution pertaining to response to the Nuclear Waste Management Organization's (NWMO) Draft Discussion document entitled "Moving Forward Together: Designing the Process for Selecting a Site", May 2009: Summary of Correspondence - 9 - April 12, 2010 "a) THAT Report #2010-I?-19 of the Commissioner of Planning be forwarded to the Nuclear Waste Management Organization (NWMO) as the Region's response to the draft discussion document entitled `Moving Forward Together: Designing the Process for Selecting a Site' (May 2009), requesting that: • the guiding principles for selecting a site for Canada's long term used nuclear fuel waste facility/repository include the principle of urgency and expeditiousness; • the siting process be scoped to focus on areas that are geographically suitable, in order to nanow the search for willing host communities, and thereby reduce timelines; • the operational principle of providing full support to stakeholders directly affected by implementation, to participate in the decision-making, be endorsed; • a scenario examining the possibility that a willing suitable host community will not be found, be assessed; • the regulatory processes, the related timelines, and how these processes can be streamlined to achieve efficiencies in the siting process, be clarified; and • in the ,event the concept of more than one nuclear fuel waste facility/repository is advanced, Federal government approval be obtained; and b) THAT a copy of Report #2010-P-19 be forwarded to the area .municipalities, the Federal Minister of Natural Resources, the Canadian Nuclear Safety Commission, the Canadian Environmental Assessment Agency, the Ontario Minister of the Environment, the Ontario Minister of Energy and Infrastructure, Ontario Power Generation (OPG), Hydro One, Durham's MPs and MPPs, and the Canadian Association of Nuclear Host Communities (CANHC)." I - 18 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Debbie Scanlon, Senior Drinking Water Program Advisor, Ministry of the Environment, advising that on March 31, 2010, Regional Council adopted the following resolution pertaining to Draft Regulation on Requirements for the Content and Preparation of Source Protection Plans (EBR Posting: 010-8766 (2010-J-7): "a) .THAT Joint Report #2010-J-7 be endorsed and submitted to the Ministry of the Environment (MOE) AS Durham Region's response to EBR Posting 010-8766; Summary of Correspondence ~ - 10 - April 12, 2010 b) THAT Regional Council recommends that the Province should: i) Make the language of the regulation much clearer and more direct so the reader may easily understand and interpret it, or provide a simplified guide that clearly explains the source protection plan regulation for areas where several protective acts (e.g. Lake Simcoe Protection Act, Greenbelt Act) are in place, clarifies which piece of legislation takes precedence; ii) Provide permanent funding for municipalities to build staff capacity to participate in the ongoing source protection process as they have done for conservation authorities; iii) Extend the deadlines for the assessment reports (ARs) and source protection plans (SPPs) to allow for more thorough municipal review and commentary on draft documents. This is critical given that municipalities are a key delivery partner; iv) Integrate drinking water source protection requirements into any provincial mechanisms that govern prescribed threat activities; v) Be the one source of up-to-date, credible geo-referenced information on the provincial instruments required. by the source protection committees to develop the source protection policies and plan i~n a timely way; vi) Ensure that communication from the SPCs to businesses and residents about potential significant drinking water threats will be handled with great care and in a coordinated manner; vii) Revise section 19.8 of the draft regulation to provide a clearer definition of transport pathways and to remove the requirement for municipalities to notify the SPC of provincial approvals related to an application that would create new transport pathways; viii) Provide, in the explanatory document, the rationale for any amendments the Province makes to the SPP after it is submitted for approval; Summary of Correspondence - 11 - April 12, 2010 ix) Fund municipalities to acquire the hardware and software and develop the systems and capacity for data management to support SPP implementation, monitoring and enforcement activities at the municipal level; x) Use data collected in the annual reports to evaluate the effectiveness of the source protection plans and. enforcement mechanisms in protecting or improving Ontario's drinking water sources; xi) Ensure proactive, cost-efficient and consistent record- keeping by the SPCs by revising the regulation to include a requirement for the SPC to adopt an appropriate records retention schedule based on a model developed by the Province which would: i. Suggest retention periods for records in all media based on the function of the records series created or collected by the SPC; ii. Identify appropriate repositories for the care of and provision of access to electronic data and archival records; and iii. Identify the custodians of the records for purposes of public access and FIPPA; xii) Properly resource the SPC records and data management functions to ensure that: i. Decisions are properly documented in case of appeals or other legal actions; and ii. Electronic data are properly maintained so that the data continue to be accessible for scientific study; xiii) Revise the regulation to require that the source protection plan contain a workplan and budget for implementation. When the Ministry approves the source .protection plan they would need to: i. commit the Provincial resources needed to deliver that plan; and ii. negotiate with CAs and municipalities the timing and allocation of financial commitments to support their roles in source protection plan implementation; Summary. of Correspondence - 12 - April 12, 2010 xiv) Provide start-up funding for the Part IV enforcement function and permanent funding for the ongoing costs (e.g. training costs and information systems) associated with the enforcement function; xv) Better delineate the risk management function and deliver it at the provincial level as part of aone-window enforcement function; xvi) Specify in the regulation who is qualified to develop risk management plans on behalf of landowners or persons engaging in prescribed threat activities; and xvii) Compensate farmers, residents and lower-tier municipalities in intake protection zones (IPZs) and wellhead protection areas (WHPAs) for the costs to comply with source protection policies and provide incentives and technical assistance to support changes or adopt practices that reduce drinking water threats below the "significant threat" level; and c) THAT a copy of Joint Report.#2010-J-7 be forwarded to the Minister of the Environment, the Minister of Municipal. Affairs and Housing, the Association of Municipalities of Ontario, Durham. Region local area municipalities and conservation authorities, Durham Region MPP's, the Regions of York, Halton. and Peel, the Durham Region Federation of Agriculture, the GTA Agricultural Action Committee, the Greater Toronto Area Countryside Mayors' Alliance, the Durham Agricultural Advisory Committee, and the Economic Development and Tourism Department for their information." I - 19 Larissa Watson expressing support for the legal keeping of backyard chickens in Clarington; indicating that a family allowed to keep chickens can have a heightened awareness of where their food comes from, cut down on their grocery bills, reduce the amount of fossil fuels burned to bring theirfood from distant farms and increase their self-sufficiency; responding to several misconceptions regarding the smell and noise of chickens; and, requesting Council to add a zoning ordinance that would allow Clarington residents to keep up to eight urban chickens. Summary of Correspondence - 13 - April 12, 2010 CORRESPONDENCE FOR DIRECTION D - 1 Sheilagh Croxon, Chair, Coaches Association of Ontario, advising that April 17 to April 25, 2010, has been designated as "Ontario Coaches Week", an initiative launched by the Coaches Association of Ontario in 2006 and with the support of both the Provincial and Federal Governments; and, requesting Council to proclaim April 17 to 25, 2010, as "Coaches Week" in Clarington. (Motion to Proclaim) D - 2 Jeremy Trump, Green Ribbon of HopeT"^ Campaign Assistant, Child Find Ontario, advising 2010 is the 19th Annual Green Ribbon of HopeT"" Campaign, a campaign developed by the students of Holy Cross Secondary School in St. Catharines as a result of the abduction and subsequent murder of 15-year-old Kristen French; advising the campaign has become the national symbol of hope for the safe return of all missing children and for the awareness of missing and exploited children in Canada; offering to provide green ribbons and flyers free of charge; and, requesting that May 25, 2010, be proclaimed "National Missing Children's Dad' and/or the month of Mayas "Missing Children's Month". (Motion to Proclaim) D - 3 Steve Shanks, Lions Club of Courtice, requesting permission to host a Lions Foundation of Canada Purina Walk for Guide Dogs, a pet- friendly, family walk to raise funds to help raise, train and provide Dog Guides to serve Canadians with disabilities in the areas of mobility, safety and independence on Saturday, May 29, 2010, outlining the proposed route starting at 9:00 a.m. at the Courtice Complex; indicating that liability insurance in the amount of $2,000,000 has been secured; and inviting Members of Council and staff to participate in the walk and to pre-register at www.purinawalkfordogguides.com. (Motion to approve, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 Vannitha Chanthavong, Planner, Regional Municipality of Dufiam, forwarding copies of an application to amend the Dufiam Regional Official Plan by Vissers Sod Farm for 4319 Solina Road respectfully requesting Council's comments and recommendations within 60 days. (Motion to refer correspondence to the Director of Planning Services) Summary of Correspondence - 14 - April 12, 2010 D - 5 Ben Noble, advocating on behalf of Mrs. Jaro Rimes regarding an invoice she received for sidewalk snow clearing on December 12, 2009; forwarding a copy of the invoice, correspondence from Mrs. Rimes expressing concern with the charge and .requesting that the. invoice be cancelled; a copy of the application for the Seniors' Snow Clearing Program to which Mrs. Rimes has registered and paid for assistance; and, questioning why staff did not investigate the matter prior to notifying the contractor to complete the work. Mr. Noble states both sides of Meams Avenue have sidewalks and that the east side is maintained by the Municipality and the west side borders on Mrs. Rimes' property and vacant land that does not require a sidewalk. Mr. Noble is questioning why the sidewalk on the west was construc#ed in the first place; and, is requesting to know the cost for sidewalk snow clearing on the east side of Mearns Avenue carried .out by the Municipality. (Motion for Direction) D - 6~ Karen Bastas, Event Coordinator, Newcastle BIA, advising that the Newcastle BIA will be hosting apre-July 1St celebration on Saturday, June 26, 2010 - "Canada -Then and Now" and requesting permission to utilize the Newcastle and District Recreation Complex; highlighting the day's events and activities including a pancake breakfast, bake sale, craft demonstrations, children's games, a historical walking tour, strawberry luncheon, ball hockey and bike rodeo, music, family swimming, barbecue, entertainment, hot air balloon rides and fireworks; and, requesting sponsorship of the event. (Motion for Direction) I-1 Task Force for Attracting Higher Education Facilities Minutes of Meeting Thursday, December 10, 2009 at 8:00 a,m. Meeting Room lA Present Were: Mayor Jim Abernethy Bill Humber Paul Halliday Dorcas Gordon Valentine Lovekin (arrived at 8:13 a.m.) Staff: David Crome, Director, Planning Services. Linda Coutu, Executive Assistant to the Mayor Regrets: Pierre Tremblay Deborah Patrick Mayor Abernethy called the meeting to order at 8:05 a.m. 1. ADOPTION OF MINUTES Moved by Dorcas Gordon, seconded by Bill Humber that the minutes of the meeting held on November St" be approved. "CARRIED" 2. SELECTION OF COMMITTEE CHAIR (Carried over from meeting of November 5th) Discussion ensued pertaining to the position of Committee Chair. Moved by Dorcas Gordon, seconded by Bill Humber that the position of Committee Chair be filled on a rotating basis. "CARRIED" Paul Halliday agreed to chair the remainder of the meeting. 3. ASSIGNMENTS (Gamed over from meeting of November 5th) There was a brief discussion about the different approach that each committee member took to outline their topic. Further discussion ensued pertaining to what is the potential of each subject and what action might be required. Bill Humber provided an overview of his topics which were Water Sustainability and Food. Discussion followed and several ideas evolved. The food aspect can be considered an economic development strategy which can be linked with the agricultural industry. Several colleges already offer culinary programs such as organic farming at Sir Sanford Fleming. It was decided that the Committee would need to confirm their focus before committing to a specific topic. The Water component of Bill Humber's presentation was also discussed since water is increasingly becoming a much sought after resource. It was agreed that this subject would be more inclined to be a University research and education program. This is a multi dimensional topic as a result of source water protection plans and jurisdictional issues. Valentine Lovekin presented his overview on Health Care. Discussed followed pertaining to the partnership between Lakeridge Health, UOIT and Holburn. There was also some concern about Oshawa being the largest site of Lakeridge Health and any expansions would most likely occur in and around Lakeridge Health Oshawa. Further discussion ensued pertaining to the need. for serviced lands in Clarington. The Municipality is working with the Region of Durham to move this item forward on their forecast. Valentine Lovekin left the meeting at 8:55 a.m. Pierre Tremblay will be asked to provide an overview of his presentation at the next meeting.. Paul Halliday provided a brief overview of a Community Education Foundation. There was a lot of discussion about this and the members present thought that this initiative could be pursued using similar guidelines as-the "Valleys 2000" organization, which is a charitable organization. The Valleys 2000 committee operates at arm's length from the Municipality and elects its own board. It was felt that the public could provide input into how this Community Education Foundation could become a reality. Dorcas Gordon provided her overview on continued education models. Discussion followed and it was agreed that a physical address is important when trying to attract programs and/or satellite campuses. It was agreed that there were other universities and colleges who have succeeded with expansion projects and their models could be followed in Clarington. 4. ONE-DAY CAMP 30 SUMMIT -SUMMARY BY DAVID CROME David Crome provided a brief overview of the summit that was held in November to invite the public to share their ideas for possible uses of the Camp 30 site. The site is privately owned, however, there is a strong community will to have the site recognized nationally as an historic site.. There were a lot of suggestions brought forward at the summit which include using the buildings as a campus. David has also received a recent proposal prepared by a group of Ryerson College Students and copies will be distributed to committee members. 5. OTHER It was agreed that the members are starting to narrow down the focus of the committee and the Camp 30 site is an exciting possibility. The members were reminded that the Municipality does not own the property and that Council would not likely support a request for funding. There is, however, a "Friends of Camp 30" group who are looking at possible fundraising initiatives in order to ensure the buildings are preserved for historical value. Martha Rutherford-Conrad, who is the Administrator of the Clarington Museums and Archives, is part of this group. The members thought that it might help to invite Martha to a future meeting. The members present also thought that Ron Stead of Holburn should be invited to a future meeting. Bill Humber agreed to Chair the next meeting. The committee was reminded about its first interim report to Council, which is due early in the New Year. It was agreed that the next meeting will be held on Thursday, January 21, 2010 at 8:00 a.m. in Committee Room lA. Subsequent meeting dates suggested were Thursday, February 25th and Thursday, March 25th but they were not confirmed. 6. ADJOURNMENT Moved by Bill Humber, seconded by Paul Halliday that the meeting adjourn at 9:50 a.m. "CARRIED" Task Force for Attracting Higher Education Facilities Minutes of Meeting , Thursday, January 21, 2010 at 8:00 a.m. Meeting Room lA Present Were: Paul Halliday Deborah Patrick Dorcas Gordon Valentine Lovekin Pierre Tremblay Bill Humber, Chair Staff: Faye Langmaid, Manager of Special Projects, Planning Services Linda Coutu, Executive Assistant to the Mayor Regrets: Mayor Jim Abernethy Special Guest: Martha Rutherford-Conrad, Administrator, Clarington Museums Bill Humber called the meeting to order at 8:05 a.m. 1. ADOPTION OF MINUTES Moved by Valentine Lovekin, seconded by Paul Halliday that the minutes of the meeting held on December 10, 2009, be approved. "CARRIED" Bill Humber suggested that the order of the agenda be altered to include Martha Rutherford- Conrad's presentation at the beginning of the meeting and all members were in agreement. Martha Rutherford-Conrad presented a power point presentation of the history of the property located at 2020 Lambs Road, which is commonly known as the Boys Training SchooUCamp 30. Ms. Rutherford-Conrad advised that for the majority of its history, over 50 years, the property has functioned as a school in one form or another. The buildings on the property include dormitory style residences, an auditorium, a gymnasium, a natatorium (indoor swimming pool) and classrooms. This property was turned into a German Power of War camp from 1941 - 1945, however, at the end of World War II the site returned to its function as a boy's training school. The. training school closed in 1979. The property then served as a school for many organizations. In 1983, it was sold to a Malaysian group to train foreign students. St. Stephens High School operated on this site for a period of time. The Great Lakes College, a high school for mostly Asian students and most recently Darul Uloom Islamic University have all occupied the campus. Since 2008, the buildings and grounds have been closed, the use ceased not due to the building conditions but rather the failure of the private sewage treatment plant. While vandalism is starting to take its toll on the property, it remains poised as an exciting viable opportunity to continue to educate people within our community. Ms. Rutherford-Conrad was thanked for her presentation and stayed to participate in a question period: She advised the committee that, if this site receives a National Historic Site Designation, - there would be funding up to $lmillion available every yeaz as matching funds from the Federal Government to rejuvenate the buildings. Ms. Rutherford-Conrad left the meeting at 9:00 a.m. 2. Overview of Visioning Assignment -Pierre Tremblay Mr. Tremblay presented his findings and gave an overview of the supply and demand of skilled trades in the power industry. Mr. Tremblay advised that the refurbishment of Pickering B and Dazlington A will require 1200 =1500 skilled trades in the yeazs 2016 - 2024. The Bruce B' units aze expected to be refurbished at the same time, and if and when the New Reactors move forward at Darlington B, the demand will be even greater. The agenda. was altered to discuss the Interim Report to Council. 5. Interim Report to Council After some discussion, Paul Halliday and Bill Humber agreed to prepare and present the Interim Report to Council. 3. Discussion on Priorities and Strategies Discussion ensued pertaining to how the committee should proceed. It was agreed that the Interim Report to Council will outline, in detail, the accomplishments the committee has made to date. It was also agreed that the committee should plan their future strategy at the next meeting. Faye Langmaid agreed to provide additional information about other possible sites. The committee would like to invite Trent University to a future meeting. 4. Invitation of Guest Speakers (i) 1Vlartha Rutherford-Conrad made her presentation earlier in the meeting. (ii) Ron Stead - re: Holborn It was agreed that Ron Stead should be invited to a future meeting. 6. Future Meeting Dates It was agreed that the next meeting would be held on Thursday, Mazch 4, 2010 at 7:30 a.m. Other Valentine Lovekin will Chair the next meeting. Adjournment The meeting adjourned at 9:45 a.m. • ~~~ Leading the Way Approved by Committee Members I-2 CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting Thursday February 18, 2010 PRESENT: (Chair) Gord Lee Gillian Bellefontaine David Reesor Alan Bayliss Lisa Robinson Elwood Ward ALSO PRESENT: Ron Baker, Traffic & Transportation Co-ordinator Jeff Pammett, Region of Durham, Traffic Engineering & Operations Division REGRETS: (Vice-Chair) Kerry Meydam, Councillor Adrian Foster, John Slater, Georg Krohn, Tony Cannella, Director of Engineering Services, Leslie Benson, Manager of Transportation & Design, Constable Esther Rathwell, Durham Regional Police Services 1.0 ADOPTION OFMINUTES-(January 21, 2010) The following motion was proposed: THAT: "The minutes of the January 21, 2010 meeting are approved without changes." MOVED: by Elwood Ward; SECONDED by Lisa Robinson CARRIED 2.0 ITEMS FOR INFORMATION 2.1 Road Watch News & Statistics-(Gord Lee) Access to the Police Station on Trulls Road is still under review. Nine reports were in the drop boxes; which is a higher number than usual for this time of year. DRPS Statistics-(Constable Esther Rathwell) (:""l':~°I:'~(:; ~lin~t.t~:~ ~ 1"'s~1~rt~z~r~3 l 8, 2(}l t) Constable Rathwell sent regrets for this meeting as she had another to attend. This item will be on the March agenda.. 3.0 AGENDA ITEMS FOR DISCUSSION 3.1 2010 Meeting Schedule-(Ron Baker) Schedules were handed out to members. One member requested clarification on the last. traffic meeting as there is a.municipal election in October. This will be reported at the next meeting. 3.2 Action List and Outstanding Items The following item numbers were discussed at the meeting and a decision was made whether to delete or keep the item on the list: 9.1.01 The following motion was proposed: THAT: "The 3-Way Stop request for the Hampton General Store does not meet warrants and should be removed from the Action List; although Police and staff may still monitor speed concerns." MOVED: by Lisa Robinson; SECONDED by Alan Bayliss 9.3.02 CARRIED The following motion was proposed: THAT: "The Region is well aware of this item with construction to three lanes and movement of the IPS (Independent Pedestrian Signal) is now scheduled for 2017, and that this item be removed from the action list." MOVED: by Lisa Robinson; SECONDED by Alan Bayliss CARRIED 9.5.01 Jeff Parrett from the Region of Durham and Ron Baker will review Durham Road 17/Main Street, Orono, just south of Centreview Street. If it is an asphalt issue the Region will be responsible; if it is a sidewalk issue Clarington will be responsible. {:.;'I,~;1~t.:, ~li~ttc;:~ 3 l~'el3rt~d~r~ l ~, Z(}l ~i 10.1.03 One member commented that there is too much emphasis on traffic calming in the Committee Mandate. There is a need for aTwo-Way communication, active participation and safety on a larger scope. Item will remain on Action List. 10.1.01 3.3 Request for Deaf Child Signs-handout from Jan. mtg.-(Ron Baker) The Region stated that these non-uniform warning signs have not been shown effective. Some states that previously supported them .are now having them removed. Ajax is removing theirs. Members wanted to see a reduction in the number of signs suggesting that a proliferation renders each sign less effective. The following motion was proposed: THAT: "The CTMAC not support the request for this Deaf Child sign or other signs for individual persons with disabilities". MOVED: by Lisa Robinson; SECONDED by David Reesor CARRIED 3.4 Three-Way Stop at Rhonda Blvd.-(Ron Baker) This item will be carried to the next meeting as traffic count information was not downloaded. Speed study did indicate average speed was above 50 KPH at 51.5 KPH and will ask Durham Regional Police to set up the radar trailer and encourage residents to use the Road Watch Program. 4.0 NEW BUSINESS AT DIRECTION OF' CHAIR 4.1 Road Safety Challenge Information Information will be sent to members for their review for possible participation. 4.2 Port of Newcastle Speeds Port of Newcastle Drive already has traffic calming built into the road design with a splitter island and masonry gateway feature just north of Milligan Street. It also has a large green space island between Lake Breeze Drive and Bluenose Lane. There are also all-way stops at Port of Newcastle Drive at Mill Street South with another one at Port of Newcastle Drive at Shipway Avenue. t:,'I'M:'l~~ '42ini~te;s =~ 1~ebrur~r 18, 201. f} A radar study by Gord Lee of Road Watch showed average speeds are below 50 KPH. Traffic volumes would not warrant anall-way stop. Staff will pass this concern onto Durham Regional Police for possible use of radar trailer monitored and education. 4.3 G. J. MacGillivray Public School at Robert Adams Drive & Meadowglade Road-Courtice This school is well designed with bus loop and separate Kiss & Go loop but there are an abundance of parents driving to the school and parking illegally. Members will visit this area and bring back comments. (French Immersion Program adds to total enrolment at the school). 4.4 Bicycle Lanes-Clarington There was a general discussion regarding recreational versus transportation for bike lanes in Clarington.. Jeff from DRPS will send the. web site link to the Region. Promoting use of existing paths and future network connections maybe suggested. 4.5 Attendance Attendance was discussed amongst members. 4.6 Line Painting Line painting consistency was discussed and members would like certain areas reviewed. 4.7 Courtice Main Street Study F.Y.I. members may wish to check Courtice Main Street Study Development Options workshop. They can visit www.clarington.net/ourplan . 5.0 NEXT MEETING DATE- March 18, 2010-7:00 P.M. Committee Room 1C-Enter via Municipal Administrative Centre, 40 Temperance Street, Bowmanville, through the north door on Church Street (Library entrance doors). 6.0 ADJOURNMENT MOVED by; David Reesor THAT: "The. meeting be adjourned at 9:00 p.m." Orono Community Improvement Plan Community Liaison Group Meeting Summary Jan 6th, 2010 -- 7:00 p.m. Orono Town Hall Attending: Lorna Atkins, Karina Isert, Amin Rawdah, Frank Maitland, Councillor Robinson, Faye Langmaid-Planning Services Regrets: John Slater, Scott Story, Lori Gordon-Finance 1. Welcome John and Lori have sent their regrets. I-3 2. Approval of Minutes by Lorna and Gord Business Arising - Post Office- Following the last meeting Lorna was concerned about the lack of deck area at the top of ramp and deterioration of the steps and was going to draft a letter to Post Master on the group's behalf. John Slater went out and measured up the ramp, deck, etc. and it meets the current requirements. Lorna was informed of this and has not sent the letter. Main Street parking at convenience store-John has brought the issue up at the Traffic Management Committee and e-mailed Councillor Charlie Trim, Regional Councillor, inviting him to coffee to discuss. 3. GPA Report-Faye distributed copies of the annual report to the General Purpose and Administration that says where funds are being spent, amount that is carried over from previous years and grants in the pipeline. Report went to the January 4th meeting of GPA and was well received. 4. Budget Funds have been included in the 2010 budget request for the Orono CIP. The request is modest given the amount being carried from previous years. Not sure if the request will survive the internal cuts that may be made before Council deals with budget. Special GPA meeting for 2010 budget is on Friday, February 19, 2010 and final ratification of the 2010 budget on .Monday, March 1, 2010 at the Council meeting. The amount including in the 2010 budget for Orono is $5,000, there is over $20,000 being carried over from previous years excluding all the grants under discussion.' Councillor Robinson did not feel there was a need for the Orono CIP group to appear at the budget hearings but if things change he will ask one of the members of the committee to attend. 5.Other Business Traffic Bump-out at Convenience Store (like Newcastle) Gord has been in discussion with Renate, Traffic Coordinator from the Region and will follow-up to see if anything is possible. Sign at Mill/Main -Gord will ask about the height of this sign. and its potential to cause a blind spot when he speaks with Renate at Region. Parking Stall Painting -Gord will meet with Clint Peters on the street and have Amin attend so that he can explain the issue. Lights on Poles - It was suggested that the funding received from the West End Development in Bowmanville could be used to fund the lights on the decorative poles along both sides of Main Street. Frank and Amin will bring up at a BIA meeting. Faye will .provide a report on how .many funds have been collected from West End Development. The decorative poles are designed to have lights fitted on the top of them. The decorative street lights in Bowmanville were paid for from the funding they received years ago from the Loblaws/Canadian Tire. development. Typically the Municipality does not pay for decorative lights, they have been the responsibility of the BIA. 5290 Main Street -has gone to "power of sale", Councillor Robinson inquired about the Municipality purchasing this and creating a parking lot. Faye will investigate how many parking spaces would be possible and the cost of a parking lot development. It would have to be one way and joined with the CIBC parking lot. Next Meetings: Wednesday, April 7th, 7:00 p.m. at Orono Town Hall. GANARASKA REGION CONSERVATION AUTHORITY 1-4 MINUTES OF THE FULL AUTHORITY March 18, 2010 FA 01/10 1. Welcome and Call to Order The Chair called the Full Authority meeting to order at 7:18 p.m. MEMBERS PRESENT: Raymond Benn, Chair -Township of Alnwick/Haldimand Brian Fallis -Township of Cavan Monaghan Miriam Mutton -Town of Cobourg Bob Spooner -Town of Cobourg Twila Marston -Township of Hamilton Cal Morgan -Municipality of Port Hope Linda Thompson -Municipality of Port Hope Gord Robinson -Municipality of Clarington Charlie Trim -Municipality of Clarington ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer Mark Peacock, Director, Watershed Services Greg Wells, Manager, Planning and Regulations Pam Lancaster, Stewardship Technician George Elgear, General Superintendent Members of the Public ABSENT WITH REGRETS: Mark Lovshin, Vice-Chair -Township of Hamilton ALSO ABSENT: Dave Marsh -City of Kawartha Lakes A moment of silence was held for the men and women in service who have given the supreme sacrifice. 2. Disclosure of Pecuniary Interest None 3. Minutes of Last Meeting FA 01/10 MOVED BY: Charlie Trim SECONDED BY: Cal Morgan THAT the Full Authority approve the minutes of the December 10"', 2009 meeting. CARRIED. 4. Adoption of the Agenda The Chair stated that there were additions to the agenda. There was one additional piece of correspondence #2. Ross & Associates re: James Cockburn Park Minutes FA 01/10 Page 2 ~-- As well there are two items of other business: a) Official Plan Amendment and Zoning By-Law Amendment - 7875 Country Road 2, Township of Hamilton b) Cobourg Conservation Area . FA 02110 MOVED BY: Bob Spooner SECONDED BY: Gord Robinson THAT the Full Authority adopt the agenda as amended. CARRIED. 5. Delegations: None 6. Presentations: a) Summary of January 25, 2010 Flood Event Mark Peacock, Director, Watershed Services presented a summary of the flood event in the Town of Cobourg on January 25, 2010. He told the members that the Conservation Authority was not expecting the amount of rainfall that actually fell. When looking at the flood forecast information received from the Ministry of Natural Resources, there was no indication that there was any area of concern. Staff looks at the snow pack analysis with the other factors to determine if there is potential flooding. The power point presentation showed data of actual rainfall as well as pictures of some of the flooded areas in Cobourg. . FA 03/10 MOVED BY: Twila Marston SECONDED BY: Bob Spooner THAT the Full Authority receives the summary of January 25, 2010 flood .event presentation for information. CARRIED. 7. Business Arising from Minutes: None 8. Chair and CAO/Secretary-Treasurer Remarks The Chair stated that he had attended a Source Water Protection Information meeting for municipalities that was held at the Ganaraska Region. administration office last week. The meeting was to update the municipalities on the work to date and the Chair stated that it was very well attended. The CAO/Secretary-Treasurer reminded the Board Members of the upcoming Ganaraska Forest Centre Conservation Dinner on April 10~', 2010. She also asked the members to contact her if they were interested in attending the Biennial Tour to be .held in Ottawa in September. Minutes FA 01/10 Page 3 9. Business from the Board Members Gord Robinson showed an article that was in Farmers Forum that reported that some farmers and municipalities feel there is duplication between municipal and conservation authorities functions. Mr. Robinson asked about a response to this type of article. The CAO/Secretary-Treasurer stated that Conservation Ontario is .coordinating responses to these types of concerns. Linda Thompson asked for an update on Perrytown. The Director of Watershed Services stated that they are waiting for a resolution (or decision) on from where the funding is to come. Charlie Trim told the members that he had visited the Ganaraska Forest Centre and was pleased to see the students enjoying the new Centre. He .also told the members that during Durham's budget discussions, guidelines had been sent out to all departments including the 5 Conservation Authorities within Durham Region. The only department to go over the set budget rate were the Conservation Authorities. However, he was glad to say that the Ganaraska was one of the three Conservation Authorities to adhere to the guidelines. Bob Spooner stated that the street lights in Cobourg had all been retrofitted and that Cobourg is the official distributor Lux Lights and had made their first sale. Cal Morgan told the Board that a couple had been out walking on Concession 9 and had been stopped by two OPP officers and asked about a membership for the Forest. Staff stated that if they were off the municipal road allowance and actually on Ganaraska land then they should have a membership. Staff further stated that they were surprised that the officers would have been in that area. Miriam asked questions in regards to the issuance of the tax receipt for the Conservation Dinner. Staff explained the tax receipt is issued to match the audit receipt (ticket stub). Brian Fallis informed the members that while he has stepped down from Council, the Township of Cavan Monaghan has asked him to remain as the representative on the Ganaraska Board for the remainder of the year. He also informed the members that a delegation appeared before Peterborough County council concerned about the responsibilities of the Otonabee Region Conservation Authority. The CAO/Secretary- Treasurer stated she had been made aware of this as well and that the Chair of the Otonabee Region Conservation Authority would be responding to this in consultation with Conservation Ontario. Mr. Fallis stated that the Ganaraska Board should be aware of this situation and it may be something that will need to be addressed in the future. 10. Correspondence: The members discussed the correspondence, and questioned Mr. Ouellette authoring the letter as the Official Opposition Critic, Natural Resources. FA 04/10 MOVED BY: SECONDED BY: Linda Thompson Bob Spooner THAT correspondence item #1 be received with the response from Conservation Ontario. CARRIED. FA 05/10 MOVED BY: SECONDED BY: Twila Marston. Miriam Mutton Minutes FA o1/10 page 4 „_ -U THAT correspondence item #2 be received and filed.. CARRIED. 11. Applications under Ontario Regulation 168!06• The process of issuing and Board approval of permits was reviewed. Permits approved by Executive: a) 168/06-1057-12/09 -Germaine Boaglio (Municipality of Clarington) - construction of sun room addition -attached b) 168/06-1058-12/09 -Municipality of Clarington -repairs to deteriorated concrete on south east wing wall -attached c) 168/06-1059-12/09 - Ghris White (Municipality of Clarington) - construction of single family dwelling and septic system -attached d) 168/06-1060-01/10 -Bob Herdman (Township of Hamilton) - reconstruction of existing cottage -attached e) 168/06-1061-01/10 -Stephen Mayhew (Town of Cobourg) -construction of a 40'x44' addition to an existing garage -attached f) 168/06-1062-01/10 - Dave Murdock (Township of Hamilton) - construction of a 34'x26' garage addition and foyer and minor fill placement for drainage -attached g) 168/06-1063-01/10 -Jack Smith (Township of Hamilton) -installation of a replacement septic system -attached h) 168/06-1064-01/10 - Municipality of Port Hope - replacement of observation deck at Sculthorpe Marsh -attached i) 168/06-1065-01/10 - Victor Pacione (Municipality of Clarington) - placement of~ gravel for driveway construction and installation of cross culvert for drainage -attached j) 168/06-1066-01110 - Steven MacDonald (Township of Hamilton) - placement of a 8'x30' flatbed trailer for temporary creek crossing - attached k) 168/06-1067-02/10 - CP Rail / Parish Geomorphic (Municipality of Clarington) -Culvert replacement under CP Rail Belleville Tracks at Mile 153.03 -attached I) 168/06-1068-02/10 - CP Rail- / Parish Geomorphic (Municipality of Clarington) -Culvert replacement under CP Rail Belleville Tracks at Mile 150.56 -attached FA 06/10 MOVED BY: Brian Fallis SECONDED BY: Gord Robinson THAT the Full Authority approve permits issued by the Executive. CARRIED. Permits requiring Full Authority discussion: None Minutes FA 01/10 Page 5 12. Committee Reports: None 13. New Business: a) Watershed Planning Process Update The Stewardship Technician reviewed the staff report with the members. FA 07/10 MOVED BY: SECONDED BY: Bob Spooner Twila Marston THAT the Full Authority receives this staff report "Watershed Planning Process Update" dated March 2, 2010 for information. CARRIED. b) Clean Water - Healthy Land Financial Assistance Program within the Municipality of Clarington and the Regional Municipality of Durham, the Municipality of Port Hope and the Township of Hamilton The Stewardship Technician reviewed the staff report with the members. FA 07/10 MOVED BY: SECONDED BY: Gord Robinson Linda Thompson THAT the Full Authority approves the revisions and additions to the Clean Water- Healthy Land Financial Assistance Program guidelines contained in this staff report dated March 2, 2010 for the Municipality of Clarington and the Regional Municipality of Durham, the Municipality of Port Hope and the Township of Hamilton. CARRIED. 14. Other Business: a) Official Plan Amendment and Zoning By-Law Amendment - 7875 Country Road 2, Township of Hamilton Miriam Mutton and the Town of Cobourg asked that this item be placed on the agenda. The Manager of Planning and Regulations presented a staff report for information to the members which outlined the history of the subject property. A number of questions were asked by Board members. Twila Marston stated that Hamilton Township responded in the manner they felt appropriate. It was concluded that the Ministry of Natural Resources, through the Ministry of Municipal Affairs and Housing, will be making the decision to approve or not. If it is approved, a permit application will be review by the Conservation Authority and a recommendation from staff will be brought forward to the Board at that time. FA 08/10 MOVED BY: Gord Robinson SECONDED BY: Linda Thompson Minutes FA 01/10 Page 6 , THAT the Full Authority receive this staff report for information. b) Cobourg Conservation Area The Town of Cobourg, through their representatives, asked that this item. be placed on the agenda. A staff report was presented by the CAO/Secretary-Treasurer. She reported that a casual conversation between Bob Spooner and tier had somehow been reported in the iocai newspaper out of context. As -well, thee-newspaper article-reported-that the->olayor and some council members were upset. She and Bob Spooner assured the Board that the conversation was in passing and Mr. Spooner had brought it up in council in order to bring it forward as something that will have to be discussed with the Town. The CAO/Secretary-Treasurer stated that since the twenty year maintenance agreement was up for renewal on January 1, 2011 it would be appropriate to have some discussion with the Town. As was pointed out by the Fuil Authority Board, Cobourg Conservation Area is regulated by Regulation 105/90 of the Conservation Authorities Act which clearly states that dogs must be on a leash. This regulation must be adhered to and followed. It was also stated that Cobourg has a by-law that states dogs must be on a leash. A suggestion was. made by a couple of Board members that perhaps Cobourg could look as designating one of the municipally owned parks as an off-leash park and reflect that in the by-law. Bob Spooner stated to the Board that the CAO/Secretary-Treasurer simply asked two questions during a conversation and in no way acted in an inappropriate manner as reported in the newspaper. FA 09/10 MOVED BY: Bob Spooner SECONDED BY: Twila Marston THAT the Full Authority authorize staff to begin discussion with the Town of Cobourg in preparation of the renewal of the maintenance agreement. CARRIED. Charlie .Trim asked if .the Ganaraska Region Conservation Authority had considered having a fenced area in the Ganaraska Forest. A brief discussion ensued on the liability exposure of such an area as well as while the Forest is not considered a conservation area some of the regulation does apply. The Authority has a membership program which acts as a permitting program that addresses some of the requirements of Regulation 105/90. 15. In Camera None 16. Adjourn The meeting adjourned at 8:50 p.m. on a motion by Linda Thompson. CHAIR CAO/SECRETARY-TREASURER GANARASKA REGION SOURCE PROTECTION AUTHORITY MINUTES OF THE AUTHORITY March 18, 2010 SPA 01/10 1. Welcome and Call to Order Chair Ray Benns called the meeting to order at 8:55 p.m. MEMBERS PRESENT: Raymond Benns, Chair -Township of AlnwicWHaldimand Brian Fallis -Township of Cavan Monaghan Miriam Mutton -Town of Cobourg Bob Spooner -Town of Cobourg Twila Marston -Township of Hamilton Cal Morgan -Municipality of Port Hope Linda Thompson -Municipality of Port Hope Gord Robinson -Municipality of Clarington Charlie Trim -Municipality of Clarington ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer Mark Peacock, Director, Watershed Services Pam Lancaster, Stewardship Technician ABSENT WITH REGRETS: ALSO ABSENT: 2. Minutes of Last Meeting SPA 01/10 MOVED BY: SECONDED BY: Mark Lovshin, Vice Chair -Township of Hamilton Dave Marsh -City of Kawartha Lakes Twila Marston Cal Morgan THAT the Ganaraska Region Source Protection Authority approve the minutes of the December 10, 2009 meeting. CARRIED. 3. Adoption of the Agenda SPA 02/10 MOVED BY: SECONDED BY: Brian Fallis Gord Robinson THAT the agenda be adopted. CARRIED. 4. Delegations None l Minutes SPA 01 /10 Page 2 5. Presentations: Linda Thompson left the meeting to attend another meeting. a) Source Protection Plan Regulation EBR posting Mark Peacock, Director, Watershed Services gave a short presentation the proposed amendments to the General Regulation (O. Reg. 287/07). Miriam Mutton clarified that Source Water Protection included Lake Ontario sources for Port Hope, Cobourg and Newcastle. Gord Robinson asked whether the agricultural community were being funded for projects or requirements required under Source Water Protection. Staff responded that general funding is currently available through the province, and delivered locally by the Conservation Authority and municipalities. SPA 03/10 MOVED BY: Charlie Trim SECONDED BY: Twiia Marston THAT the Ganaraska Region Source Protection Authority receive information pertaining. to draft amendments to O. Reg. 287/07 for information. CARRIED. b) Vulnerability Analysis, Issues Evaluation and Threats Assessment for Creighton Heights and Camborne Municipal Wells Systems (Hamilton Township) Mark Peacock, Director, Watershed Services gave a short presentation the results from the Township of Hamilton Phase 2 groundwater study. Gord Robinson asked how other legislation such as Nutrient Management Act was worked into the list of circumstances regarding how an activity could be deemed a threat. Brian- Fallis questioned how the 2 water quantity threats listed by the province were evaluated, especially when dealing with water bottlers or food packaging. Staff responded that this work was done through the water budget process. Miriam Mutton questioned if a water bottling plant well could be a possible source of contamination. Staff responded that a well could be if it was screened within 3 metres of the municipal source aquifer. She also asked if brownfields and their plans would be affected by the Clean Water Act. Staff informed the members that this would be possible if the brownfields were located within a Wellhead Protection Area or Intake Protection Zone. Gord Robinson also raised the concern. that salt is becoming a focal issue, and if it was being addressed. Staff responded that if salt is seen as an issue or threat through the source .protection process, then yes it can be addressed.. SPA 04/10 MOVED BY: Bob Spooner SECONDED BY: Brian Fallis Minutes SPA 01 /10 Page 3 THAT the Ganaraska Region Source Protection Authority receive the summary of the findings of the Vulnerability Analysis, Issues Evaluation and Threats Assessment for the Township of Hamilton municipal wells for information. CARRIED. 6. Reports for discussion: None 7. Correspondence: None 8. Other Business: a) Source Protection Committee Chair's Quarterly Report SPA 05110 MOVED BY: Brian Fallis SECONDED BY: Bob Spooner THAT the Ganaraska Region Source Protection Authority receive the .Source Protection Committee Chair's March 1, 2010 Quarterly Report for information. CARRIED. b) Draft Assessment Report Chapter SPA 06110 MOVED BY: Brian Fallis SECONDED BY: Bob Spooner THAT the Ganaraska Region Source Protection Authority receive the draft Potential Impacts of Climate Change Ganaraska Region Assessment Report chapter for information. . CARRIED. c) Timelines for Completion of Assessment Reports -Feb 4, 2010 SPA 07/10.. MOVED BY: .Brian Fallis SECONDED BY: Bob Spooner THAT the Ganaraska Region Source Protection Authority receive the Timelines for Completion of Assessment Reports -Feb 4, 2010 for information. CARRIED. 9. Adjourn The meeting adjourned at 9:30 p.m. on a motion by Bob Spooner. CHAIR '~` ~.. .~ CAO/SECRETARY-TREASURER I-5 St. Marys Cement Community Relations Committee Meeting Minutes Tuesday March 9th, 2010 6:00 p.m. - St. Mary's Cement Plant: Main Office Attendees: Glenda Gies, Port Darlington Community Association Joan Moyer, Port Darlington Community Association Ruben Plaza, Environmental Manager, St. Marys Cement Candice Kay, Human Resources Manager, St. Marys Cement Michael Smith, Quarry Manager, St. Marys Cement Martin Vroegh, Corporate Environment Manager, St. Marys Cement Wilson Little, Director of Engineering, Lands and Environment, St. Marys Cement Cindy Strike, Municipality of Clarington Willie Woo, Member of Municipality of Clarington Council Regrets: Ernest Birnie, Wilmot Creek Residents Association Rick Rossi, Port Darlington Community Association Phil Dunn, MOE (guest) 1. Adoption of Agenda Moved by Martin Vroegh, seconded by Joan Moyer. CARRIED 2. Introduction of New CRC Member Joan Moyer; 109 Cedar Crest Beach Road 3. Adoption of Notes from December 1St, 2009 Meeting Moved by Martin Vroegh, seconded by Ruben Plaza. CARRIED 4. Status, of additional PM 10 dust monitoring station Installation is scheduled for spring 2010. 5. St. Marys Operations Report a) Quarry • PM 10 monitoring results St. Marys Cement Community Relations Committee Page 2 DRAFT Meeting Minutes March 9`s, 2010 No exceedances since the December meeting . Four exceedances were measured in 2009 at Hutton Transport sampler due to its proximity to quarry operations. This monitor will be relocated as-the fence is moving due to the expansion of the quarry. P M 10 Program 2009 120 ------- __ __ ___ __ __._ __ _ __ __ _. i 100 - ~----------j 80 l - -~-Hutton Tmspt. 60 - ~ T-Cedar Crest . - { ~...._.OPG 40 ~ --~~-- Limit h 20 ~r _ .~. ~ ~ i O @Qv I~^'Yu~ - 0QM ~@4{ ~@4j X04{-. ~ ( - ,S~OQ{ ~OQj _. a ~ a a ~ ,: ~ as a ~ , a PM 10 Program 2010 50 - ~ x_~'~r- 40 30 - - 20 10 _ -- . 0 0 0 0 0 0 0 0 0 0 0 0 Hutton Tmspt. -_-Cedar Crest ,,;,........ OPG --~e--Limit 2 St. Marys Cement Community Relations Committee DRAFT Meeting Minutes March 9~`, 2010 • Stack emissions SOz emissions were 29.9% below 2009 allowances. 5000 - _ _ _ --- - - 4, _ . --__ , i 4500 - I 4000 - 3500 - - 3,228-- - , = ~ ~ ,;' f ` -- ~ 3000 . =~ - ~ ^ S02 2009 ~ ~ ~ , ~ ~ 2500 - 3 R' ^ Allowances S02 2009 O 2000 - `~ ~.L, ; `^; 1500 - - r ~•rt` {. ~- xr~ r <r .. .~: . ~ 1000 - ,, x~i '~a ` - ,~ ~ ~ ~ ~ 500 - - . ~ __ 0 _ -_____ 2010 YTD 4000 - -- _:_ __ _ _- _ __ _ -3;54_- _ _.---_ _. i 3500 - ~~ 3000 - -- --- i -- 2500 ~ - - S02 2010 = -----' ^ Allowances S02 2010 2000 ~ ----- ~ ~' 1500 - -'Fi33 _ 1000 - ,~~~~~~' -- ~ ~. ~ ~ - 500 ;, =>~t - ri ~ m ~ ;~ ; ___ _ 0 Page 3 3 St. Marys Cement Community Relations Committee DRAFT Meeting Minutes Match 9s', 2010 • NOx emissions 20.7% below 2009 allowances Page 4 2010 YTD Quarry Dust Emissions No exceedances were recorded since the December meeting. 4 St. Marys Cement Community Relations Committee DRAFT Meeting Minutes March 9~', 2010 Page 5 Dust FaII 2009 16.00 14.00 - _ __ _----- -- - _ _ - ~ 12.00 -~-Hutton Tmspt. ~ ~ 10.00 -s-Cedar Crest e 8.00 ~---- OPG N E 6.00 ~- MOE Near East ~ 4 00 -~ MOE Far East . 2.00 - Limit 0.00 Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Dust Fall 2010 8.00 _ _ ----- - _ __ ----- _ _ - _ _ _ - - -- ---- - _ 6.00 ~, - - ___ _ - JJ~~ -~ Hutton Tmspt. ~a 5.00 ----- ~- _ ~-- - - I, ~-Cedar Crest ,. ~ 4.00 - -- ; OPG ~ 3.00 -• ---- - ~ ~- MOE Near East °~ 2.00 ~ ~ -~- MOE Far East 1.00 - -•- Limit 0.00 Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec ~_ - - 1 ti I -- ~~ ~ .-J - ~~ ~\ ; / ~ 5 St. Marys Cement Community Relations Committee Page 6 DRAFT Meeting Minutes March 9`~, 2010 Blast monitoring There were no ground vibration exceedences and only one air vibration exceedence recorded in 2009. Ground Vibration (mm/s) 2008/2009/2010 1s.o - - . __ ------ __ - ------ - 14.0 12.0 -"f ---~(•i.ayPs(--. -Mkt---itf6it. -r--k~YE-);9i(X ---`~E~6 ~6~Of-..:'. 10.0 8.0 ~~ 6.0 it 4.0 ~ J/~--!lam ', ^. ~ ^ ~ ~~ " ~ : . ~.--~ ~ ' ' ~ ~ ~ 0.0 -r - _ ,_ it _ _ _ ~~ rh . ^c -~-_ _~~ , ~___ _.~ . ,. I ~. iii ' -~.~y~r. ~' Y. AFC ( Y i~ i ___~_T _~_. ~r m o m ao ao ao '0 0 0 0 ao m m m ao ao ao a 0 0 0 0 0 0 rn rn rn o rn rn o rn rn W 0 0 0 0 0 0 0 0 0 0 rn rn 0 0 0 N 0 0 0 0 N N N N 0 0 0 0 0 0 0 N N~ N N N N N 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N 0 0 N N A c~ v ~n m `n ao rn 'o ~ c~ ~ a ~ `v in 'm n a`o rn o ~ a +Comr~unity Ctr. -s- Cedar Crest °- ~ ~-Aggregate Shop --x---Lunt (mrVs) There was one air vibration exceedence in February, over Ministry standard of 128.8mm/s by 0.8mm/s. This was from. a Level 1 blast, which is closest in proximity to the monitor. Going forward, SMC has developed a plan with their blasting contractor to change the. technique on Level 1 to attempt to minimize the air vibration. SMC will continue to monitor. Air Vibration 2008/2009/2010 140.0 i 130.0 -~ 120.0 ~ 110.0 Z 100.0 ~. 1! 90.0 ~ i + 80.0 ~~- --- - - ao ao m ao m m ao ao 0o ao ao ao rn rn rn rn rn rn rn rn rn rn. rn rn o 0 0 g g g i~ $ g g g g ~ °o g °o ~ °o °o °o Qu ~ ~b g g o 0 0 6 St. Marys Cement Community Relations Committee Page 7 DRAFT Meeting Minutes March 9~', 2010 • General quarry operations Overburden hauling has resumed. Overburden screening will begin late spring. Overburden screening will be re-located to the location of the Technical Centre which will be further away from Port Darlington Community properties. Blasting frequency will resume to approximately twice per week once the cement plant resumes production. SMC will mine on Level 1 and 2 until late summer and will then move to Levels 3 and4. SMC plans to mine on L5 in 2010. b) Dock Dock storage management and procedures St. Marys reported dust suppressant is continued to be applied to fuel piles which are oriented in-line with wind conditions of primary concern. Petcoke stockpiles are maximum 10 m high and are covered with tarps. Monitoring of dock releases No comments. • General dock operations Procedures require that unloading fuel material from vessels is stopped when wind speeds exceed 40 km/hr. The 40 km/hr limit is based on maxi-mum gust speeds and for winds blowing from directions between SSW and WNW (202° and 292°). c) Plant Production Schedule SMC will determine plant production schedule based on sales and inventory levels. 6. Status of Alternative Fuel Demonstration Project No change as St. Marys is waiting for MOE to issue Certificates of Approval. 7. Community Concerns a) Received by St. Marys and the Municipality of Clarington b) Responses provided Seven complaints were received since the December meeting: • 5 related to blasting and 2 related to plume (both received. by the MOE). • All complaints were received, investigated, and follow up actions reviewed and discussed by CRC. • SMC will consider the potential for a temporary monitor to be added in Hwy 2/ DR#57 area based on increased blast complaints in this area. 7 St. Marys Cement Community Relations Committee DRAFT Meeiing Minutes March 9~`, 2010 Page 8 The Municipality of Clarington received a complaint regarding blasting. The resident was provided with the appropriate SMC contact information to encourage direct communication with SMC in the future. 8. Community .Outreach St. Marys will be preparing a 2010 newsletter and suggestions for content are welcome. 9. Other Business Options for presenting the annual CRC report to Municipality of Clarington Council were discussed and will be determined based on the availability of the co-chairs. 10. Next Meeting 6:00 pm Tuesday June 8~', 2010 8 • arm n Energizing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF APRIL 12, 2010 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MARCH 29, 2010 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-010-10 Monthly Report on Building Permit Activity for February, 2010 (b) ESD-004-10 Monthly Response Report -February, 2010 (c) PSD-044-10 Port Darlington Harbour Company, Expropriation of West Beach Lands for Bowmanville Waterfront District Park -Offer of Settlement 2. PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 32 RESIDENTIAL UNITS APPLICANTS: WILLIAM DANIELL, ELIZABETH DANIELL AND GREEN MARTIN HOLDINGS LTD. THAT Report PSD-038-10 be received; THAT the application for proposed Plan of Subdivision S-C-2009-0002 and Zoning By-law Amendment ZBA 2009-0022 submitted by William Daniell, Elizabeth Daniell and Green Martin Holdings Ltd. continue to be processed including consideration of comments received at the Public Meeting; and THAT all interested parties listed in Report PSD-038-10 and any delegation be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report #1 - 2 - April 12, 2010 3. APPLICATION TO REZONE RESIDENTIAL AND LIMITED COMMERCIAL PROPERTIES TO PERMIT THE CONSTRUCTION OF A NEW RETAIL COMMERCIAL BUILDING THAT Report PSD-036-10 be received; THAT the rezoning application submitted by F & I Gateway Investments Inc., to permit the construction of a .retail commercial establishment be approved with a `Holding (H) Symbol' and that the By-law contained in Attachment 2 to Report PSD- 036-10 be passed; THAT a future report will be forwarded to Council to lift the `Holding (H) Symbol' at such time as the outstanding taxes for the subject property have been paid and the Site Plan.. meets the requirements of the urban design criteria contained in Section 10.7 of Report PSD-036-10; and THAT all interested parties listed in Report PSD-036-10 and any delegations be advised of Council's decision. 4. ENVIRONMENTAL IMPACT STUDY, PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 55 RESIDENTIAL UNITS APPLICANT: COURTICE WOODS INC. THAT Report PSD-039-10 be received; THAT as the revisions to the layout of the proposed. draft plan since the 2006 Public Meeting were made in response to comments from circulated agencies, municipal staff, and the completion of the Environmental Impact Study which included an open house meeting, a further public meeting for the subject applications is unnecessary; THAT Amendment No. 71 to the Clarington Official Plan as submitted by Courtice Woods Inc. to delete the Public Elementary School and Medium Density Residential symbols; amend the population allocation for the Worden Neighbourhood on Map H1; and decrease the housing target for the Worden Neighbourhood in Table 9-2 as contained in Attachment 4, of Report PSD-039-10, be adopted and the By-law contained in Attachment 5 of Report PSD-039-10 be passed; THAT the application for the proposed Draft Plan of Subdivision, submitted by Courtice Woods Inc. to permit the development of 55 residential units be approved, subject to the conditions contained in Attachment 6, of Report PSD-039-10; THAT the Zoning By-law Amendment application submitted by Courtice Woods Inc. be approved as contained in Attachment 7, of Report PSD-039-10; Report #1 - 3 - April 12, 2010 THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2003-001 and the Municipality of Clarington be approved as contained in Attachment 8, of Report PSD-039-10; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-039-10 and Council's decision; THAT all interested parties listed in Report PSD-039-10 and any delegations be advised of Council's decision; and THAT John Farrell be thanked for his effort and time as an area representative on the Environmental Impact Study Steering Committee. 5. APPEAL TO THE ONTARIO MUNICIPAL BOARD OF ZONING BY-LAW AMENDMENT APPLICATION APPLICANT: BOWMANVILLE INVESTMENTS INC. THAT Report PSD-040-10 be received; and THAT all interested parties listed in Report PSD-040-10 and any delegation be advised of Council's decision. 6. APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT AGRI-TOURISM AS AN ACCESSORY USE TO A FARM OPERATION APPLICANT: NANCY MALLETTE THAT Report PSD-041-10 be received; THAT Official Plan Amendment No. 72 as contained in Attachment 2 of Report PSD-041-10 be adopted and that the necessary by-law be passed; THAT the application for a Zoning By-law Amendment submitted by Nancy Mallette as contained in Attachment 3 of Report PSD-04.1-10 be approved; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-041-10 and Council's decision; and THAT all interested parties listed in Report PSD-041-10 and any delegations be advised of Council's decision. Report #1 - 4 - .April 12, 2010 T: GANARASKA REGION CONSERVATION AUTHORITY WATERSHED PLANS- FOR WILMOT CREEK, GRAHAM CREEK, GANARASKA RIVER, AND LOVEKIN, BOUCHETTE POINT, AND PORT GRANBY CREEKS THAT Report PSD-043-10 be received; THAT the Ganaraska Region Conservation Authority be thanked and commended for its work in preparing the Watershed Plans for Wilmot Creek, Graham Creek, the Ganaraska River, and Lovekin, Bouchette Potnt and Port Granby Creeks; THAT the four Watershed Plans be received and referred to Staff for considerat~n during the Official Plan Review process; and THAT all interested parties listed in Report PSD-043-10 and any delegations be advised of Council's decision. 8. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 18, 2010 THAT Report PSD-045-10 be received; THAT Council concurs. with the decisions of the Committee of Adjustment made on March 18, 2010 for applications A2010-0003 to A2010-0006 inclusive 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 March 15, 2010, for application in A2008-0002 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original position. 9. HERITAGE PERMIT FOR 36 BEECH AVENUE BEECH AVENUE HERITAGE CONSERVATION DISTRICT THAT Report PSD-046-10 be received; THAT Heritage Permit Application HP2010-01 for 36 Beech Avenue for a two storey board and batten addition to 36 Beech Avenue be approved, with a pediment roofline as shown in the elevations included in Attachment 3 to Report PSD-046-10; and THAT all interested parties listed in Report PSD-046-10 and any delegations be advised of Council's decision. Report #1 - 5 - April 12, 2010 10. KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD SURPLUS PROPERTY SALE - BOWMANVILLE SENIOR PUBLIC SCHOOL THAT Report PSD-047-10 be received; THAT the Offer from the Kawartha Pine Ridge District School Board to purchase the Bowmanville Senior Public School at fair market value be declined; THAT the Kawartha Pine Ridge District School Board be thanked for offering the Bowmanville Senior Public School to the Municipality; and THAT all interested parties listed in Report PSD-047-10 and any delegations be advised of Council's decision. 11. LIBERTY STREET RECONSTRUCTION THAT staff report back to the Committee on the Region of Durham's delay of the Liberty Street reconstruction. 12. URBAN "BACKYARD" CHICKEN FARMING THAT Report CLD-004-10 be received; THAT the request to amend the Exotic Pet By-law, By-law 93-161, to allow for raising chickens on non-agriculturally zoned lands be denied, and THAT all interested parties listed in Report CLD-004-10 be advised of Council's decision. 13. APPOINTMENT OF PRIVATE PARKING OFFICER THAT Report CLD-008-10 be received; THAT the By-law attached to Report CLD-008-10 be approved; and THAT all interested parties listed in Report CLD-008-10 be advised of Council's decision. 14. 2010 MUNICIPAL ELECTIONS -SPECIAL VOTING LOCATIONS THAT Report CLD-009-10 be received; THAT reduced hours of voting in institutions and retirement homes on Voting Day be approved as follows: .Report #1 - 6 - April 12, 2010. 15. S vial Votin Location Hours of Vot~n Whitecliffe Terrace Retirement Residence 11:00 am - 2:00 m Marnwood Lifecare Centre 10:00 am -12:00 noon Fosterbrooke Lon -Term Care Facilit 2:00 m - 4:.00 m Strathaven Lifecare Centre 10:00 am -12:00 noon Kin swa Arms 10:00 am -12:00 noon Lakerid a Health Bowmanville 10:00 am - 12:00 noon and THAT the draft by-law attached to Report CLD-009-10 be approved. PROCEDURAL BY-LAW AMENDMENT THAT Report CLD-010-10 be received; and THAT the draft by-law attached to Report CLD-010-10, being a by-law to amend the Procedural By-law, be approved. 16. CL2010-3, SIDEWALK REHABILITATION, VARIOUS LOCATIONS THAT Report COD-009-10 be received; THAT Pencon Construction Canada. Corp., Toronto, Ontario with a total bid. in the amount of $177,045.00 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-3, be awarded the contract for the Sidewalk Rehabilitation, Various- locations as required by the Engineering Department; THAT the 2010 Capital Budget funds be transferred from the Frank Street project in the amount of $60,000.00 to the Baseline Road project; THAT funds required in the amount of $220,851..75 which includes $177,045.00 for tendering plus contingencies, and utility relocations be drawn from the Engineering 2010 Capital Budget Accounts, as follows: Account # 110-32-331-83215-7401, Sidewalk Replacement -Various Locations Account # 110-32-331-83340-7401, Nelson Street Sidewalk Construction Account # 110-32-331-83341-7401, Baseline Road Sidewalk Construction Total Funds Required $153,922.90 $21,475.10 $45,453.75 $220,851.75 and Report #1 - 7 - April 12, 2010 THAT the By-law attached to Report COD-009-10, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 17. ARRANGEMENT WITH KOBES NURSERY WHOLESALE FOR INSTALLATION AND PERMITTED USE OF A DRY HYDRANT THAT Report COD-010-10 be received; THAT an agreement between the Municipality of Clarington and Kobes Nursery Wholesale, Hampton, ON be approved, as proposed in Schedule "A", Attachment 1, of Report COD-010-10, Draft Agreement, conditional on approval by Kobes Nursery Wholesale; and THAT the attached ~By-law marked Schedule "B", Attachment 2, of Report COD-010-10, be approved authorizing the Mayor and the Clerk to execute the necessary agreement. 18. ROB MESSERVEY, CHIEF ADMINISTRATIVE OFFICER, KAWARTHA REGION CONSERVATION AUTHORITY,I2EGARDING THE LAKE SCUGOG ENVIRONMENTAL MANAGEMENT PLAN THAT the presentation of Rob Messervey, Chief Administrative Officer from the Kawartha Region Conservation Authority, regarding the Lake Scugog Environmental Management Plan be received with thanks. 19. SHEILA HALL, EXECUTIVE DIRECTOR, CLARINGTON BOARD OF TRADE, REGARDING QUARTERLY ECONOMIC DEVELOPMENT UPDATE THAT the presentation of Sheila Hall, Executive Director of the Clarington Board of Trade, regarding the quarterly economic development update be received with thanks, and THAT Clarington Board of Trade also be thanked for their dedication and work. 20. BRIAN EARLY, REGARDING REPORT PSD-038-10 THAT the correspondence from Brian Early, regarding Report PSD-038-10 be referred to the Director of Planning Services to be considered as part of the application review process. Staff Report # 1 ~'~ 11 REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: APRIL 12, 2010 Resolution#: By-law#: Report: COD-008-10 File#: Subject: TENDER NO. CL2010-1 -RENOVATIONS TO DARLINGTON SPORTS CENTRE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report COD-008-10 be received; and 2. THAT Gerr Construction Limited, Courtice, Ontario, with a revised bid in the amount of $1,999,800.00 being the lowest responsive bidder meeting all terms, conditions and specifications of Tender CL2010-01, be awarded the contract for the Renovations for Darlington Sports Centre, Hampton, Ontario at a total revised bid of $1,999,800.00, plus GST; 3. THAT the expenditure in the total amount of $2,219,800.00 ($1,999,800.00 tender plus contingency), be charged to the following accounts: Account # 110-42-421-84267-7401 Account -140-42-421-84268-7401 (RinC) $1,847,800.00 $372,000.00 4. THAT the additional funds required of $200,000.00 be drawn from the General Municipal Purposes Reserve Fund; and 5. THAT the By-law attached to Report COD-008-10 marked Schedule "A" authorizing th ayor and the Clerk to execute the necessary agreement be approve Reviewed b : ~ ,-' ~~~ Submitted by: y Franklin Wu, Marie Marano, H.B.Sc., C.M.O., Dire ~ of Corporat erv" s Chief Administrative Officer `~ Nancy a or, .B ., C. ., Director of Finan elTreasurer MM\JDB\km REPORT NO.: COD-008-10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 Tender specifications were provided by Barry Bryan Associates Limited for the Renovations for the Darlington Sports Centre as required by the Community Services Department. 1.2 Bidders were invited from the list of pre-qualified contractors and the prequalified tender was advertised electronically for the benefit of sub- trades. Tenders closed March 12, 2010. Subsequently tenders were received and tabulated as follows: BIDDER TOTAL BID GST Extra Gerr Construction Limited Courtice, Ontario $2,415,000.00 Graham Construction Engineering Mississau a, Ontario $2,458,000.00 James Kemp Construction Limited Hamilton, Ontario $2,555,533.00 J.J. McGuire General Contractors Inc. Pickerin ,Ontario $2,597,000.00 Dineen Construction Corporation Toronto, Ontario $2,630,000.00 2.0 ANALYSIS. 2.1 As all bids received exceeded the total funds available, and in accordance with guidelines of the Canadian General Contractors Association, the three low bidders were invited. to respond to a Post Tender Addendum requesting credits for 32 items for consideration. A copy of the Post Tender Addendum listing the 32 options is attached as Schedule "B"'. REPORT NO.: COD-008-10 PAGE 3 2.2 Subsequently, the available credits were identified are as follows: BIDDER Option 1 Option 2 Option 3'~'` ` Items 1 to 32 Items 1 to 32 Items 1 to 32 Excluding 24 Excluding 26* Excluding 3 to & 25* 6, 15 to 17 & 26 Gerr Construction Limited Courtice, Ontario $575,200.00 $470,700.00 $406,200.00 Graham Construction Engineering Mississau a, Ontario Withdrew from Com etition James Kemp Construction Limited Hamilton, Ontario $715,326.00 $625,493.00 $550,685.00 * Items 24 & 25 are considered as an alternate to 26 ** By accepting all available credits noted in Options 1 and 2 very little work proposed would be evident in the public areas. Option 3 provides for the retention of some public area upgrades by retaining painting, replacement of doors, renovation of washrooms and the concession area. 2.3 In addition to the list of 32 credit items, the bidders were invited to propose additional cost reducing items and the corresponding credits for consideration. Each bidder provided suggestions as follows: Gerr Construction Limited Change Roofing to 45 gauge $9,000.00 Courtice, Ontario TPO System and delete epoxy rout James Kemp Construction Limited Substitute Galvanized steel Hamilton, Ontario frames in lieu of aluminum at $3,000.00 dasher board 2.4 After reviewing all options the preferred credits were selected to reduce the original tender amount to establish Option 3 for the project. The revised project cost as depicted by Option 3 and the acceptable extra credits offered by Gerr Construction Limited are as follows: REPORT NO.: COD-008-10 PAGE 4 BIDDER Option 1 Option 2 Option 3 Items 1 to 32 Items 1 to 32 Items 1 to 32 Excluding 24 Excluding 26 Excluding 3 to 6, &25 15 to 17&26 Gerr Construction Limited Courtice, Ontario $1,830,800.00 $1,935,300.00 $1,999,800.00 Includes acceptable additional credits James Kemp Construction Limited Hamilton, Ontario ~ $1,840,207.00 $1,930,040.00 $2,004,848.00 Additional credits not acce table 2.5 After review and analysis of the bids by the Community Services Department, Barry Bryan Associates and Purchasing, it was mutually agreed that the low bidder for Option 3, Gerr Construction Limited, Courtice, Ontario, be awarded the contract for the Renovations for Darlington Sports Centre. A memo from Barry Bryan Associates providing details of the process and confirming the recommendation is attached as Schedule "C". Gerr Construction Limited has completed a number of similar projects for other municipalities and has completed projects for the Municipality of Caarington, all satisfactorily. 3. FINANCIAL 3.1 The total project cost, including contingency is $2,219,800.00. This cost exceeds the budget amount by $200,000.00. However, any further reductions in the scope would affect the integrity and objectives of the project. It is therefore recommended that an additional $200,000.00 be funded by the General Municipal Purposes Reserve Fund and added to account #110-42-421-84267- 7401. The project is split into two capital accounts: REPORT NO.: COD-008-10 PAGE 5 Account # 110-42-421-84267-7401, 2009 Capital (partially Provincial surplus funding) $1,847,800.00 Account#110-42-421-84268-7401(RinC Program) $372,000.00 Total Funds Available $2,219,800.00 4. CONCLUSION 4.1 After review and analysis of the bids by Purchasing, the Community Services Department and Barry Bryan Associates, it is recommended that Gerr Construction Limited be awarded the contract for the Renovations for the Darlington Sports Centre project. 5. INPUT FROM OTHER SOURCES 5.1 The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Community Services. 5.2 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Director of Community Services Attachments: Schedule "A", By-law Schedule "B", Post Tender Addendum Schedule "C", Memo from Barry Bryan Associates Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Gerr Construction Limited, Courtice, Ontario, to enter into agreement for the Renovations for the. Darlington Sports Centre. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the. Mayor and Clerk are hereby authorized to execute, on beha~ of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract ,between, Gerr Construction Limited, Courtice, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law: By-law read a first and second time this day of . , 2010. By-law read a third time and finally passed this day of , 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Schedule "B" POST TENDER ADDENDUM NO. 1 Page 1 of 5 BARRY•BRYAN ASSOCIATES (1991) Limited Engirreaa Landscape Ardrtect Projeet Managers Project No.: 09040 Project: TENDER CL2010-1 DARLINGTON SPORTS CENTRE RENOVATION Date: March 18, 2010 The following information supplements and/or supersedes the bid documents issued on February 16, 2010 This Addendum forms part of the contract documents and is to be read, interpreted; and coordinated with all other parts. The cost of ail changes contained herein to be included in the contract sum. The following revisions supersedes the information contained in the original drawings and specifications issued for the above-named project to the extent referenced and shall become part thereof. Failure to do so may subject bidder to disqualification. The tenders received were greater than the 15°k of the original construction budget. This tender will invite the 3 low bidders to participate in a Post Tender Addendum. The original base bid for each contractor is to remain as is. The Post Tender Document is to show further possible credits that could be utilized to bring this project within budget. The Municipality of Clarington reserves the right to select any or all credits proposed whichever is in their best interest. The credits proposed and selected will be used in determining the overall low bidder. The Post Tender Closing Date is Thursday, March 25, 2010 at 2:00:00 pm Closing at: Office of the Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 1.1 SEPARATE CREDIT PRICES We submit the following Separate Credit Prices (originally included in the stipulated price) as credits for price reductions: a ~i,~eoo $GS~ 250 WaterStreet, Whitby, Ontario Canada Lt N OG5 Tale 9056685252 Toror>ta: 9054274495 fax: 90566&5256 f~rl~l: bba@bba•erclren0.can www.bba-ard~.cam 1. Delete new concrete sidewalk at east and north sides of building from south edge of refrigeration room to existing exit doors on north wall including sawcutting, removal and replacement of asphalt paving. S cr 2. Delete decommissioning and filling with concrete of existing monitoring well. S cr 3. Delete removal and replacement of wood fence and gate at exterior refrigeration equipment. Existing wood fence and gate to remain. ~ cr 4. Delete replacement of existing fixtures with all new washroom fixtures including lavatories, urinals and water closets in existing lower level washrooms 8103 S cr and 8105. 5. Delete removal and replacement of toilet partitions in existing lower level washrooms 6103 and 8105. 3 cr 6. Remove Concession Room 101 renovation from scope. Delete all new doors,-counters, millwork, aluminum counter shutter and all finishes, fittings and equipment related to this area. 3 cr POST TEDNER ADDENDUM #1 (FINAL) 09040PTA01180310 Schedule "B" POST TENDER ADDENDUM NO.1 Page 2 of 5 7. Drawing A200: Delete removal of VCT flooring in Corridor 6110 from door to Stair 8126 to limits of skate file at Officials room. Leave existing painted concrete floor in place:. S cr 8. Delete removal of all existing spectator bleacher seating and replacement with new plastic seating in Ice Pad 112. S cr 9. Delete new display cases (add drywall to replace). S cr 10. Confirm that dasher board contractors have included in price the reuse of existing 6' arena glass and supports. S cr 11. Delete Electric vertical lift gate and replace with dasherboard manufacturer's standard 10'-0" wide swing machine gates 3 cr 1 late-dasher troarct-surfacing oR outsid~smface~ ofidasher~- boards on north and west sides of rink (but not including inside of penalty and timekeepers benches. ~ cr 13. Delete removal of existing ceiling grids in dressing rooms and showers No. 8118, 8119, 8120, 8122, 8123, 8124. Replace ceiling file only with new. Delete painting of structure and services above these ceilings. S cr 14. Delete painting of existing rink walls, "slabs, and roof steel in Ice Pad 112. 3 cr 15. Delete all painting in Storage 115: S ~ cr 16. Delete painting of existing basement level meeting room and washrooms. S cr 1T. Delete removal and replacement of Doors no. 6101, 8103, 8104, 8105, 6116, 6117, 8109, B111, 6118, 8120, 8122, 8124. Paint all existing doors and frames to remain. S cr 18. Delete removal of existing skylight and replacement with. new aluminum framed skylight. S cr 19. Delete new recessed foot grille at Vestibule 105. S cr 20. Delete removal of three existing planters and removal and replacement of three existing exterior light fixtures in planters west of the new front addition. S ~ cr 21. Specfication Section 08800: Change glass type GL3 from Heat Mirror glass to double glazed sealed units, low E coated and argon filled. 6 mm thick clear inner and outer lights. S cr 22. Delete new wood header trench cover. Remove and reinstall existing wood cover. S cr POST TEDNER ADDENDUM ftl (FINAL) 09040PTA01180310 Schedule "B" POST TENDER ADDENDUM N0.1 Page3of5 23. Refer to attached sketch SK-A05: Delete entirely new Resurfaces Room 117 and Workroom 116. Delete new steel fire shutter 117A and overhead door 1178 to resurfaces room. Delete doors 116A, 1168 and 116C. Delete all mechanical.and electrical services,. fixtures and devices serving these areas. Decrease mechanical connections to accommodate relocated Mechanical Room. Delete removal and infill of service doors (overhead doors from rink to Storage 115 and from Storage 115 to Exterior). Delete exterior paving and concrete apron outside of rooms 116 and 117. -Existing Resurfaces Room (Proposed Storage 1.15) to remain as is. All existing Zamboni refill electric heaters to be left in place. Construct new service room for mechanical equipment as indicated on the attached BBA Sketch SK-A05 "Part Plan MechanicafRoom 8106' dated March 17, 2007 and relocate water service to this new space. Relocate new 300 MBH boiler and 500 gal. storage tank to new mechanical room and recirculation pump. Delete sump and associated work. Relocate new heating and ventilation to new water treatment room. S cr 24. Delete specified new hot water boiler and storage tanks relocated to new mechanical room (Sketch SK-A05) and leave existing hot water boiler and storage tank in Mechanical Room 8108. Connect existing hot water tank to new cold water feed. Delete new domestic hot water and domestic hot water recirculation lines in dressing room area. Re-use existing domestic hot water and domestic hot water recirculation lines to feed new fixtures. S cr 25. In the new Mechanical Room noted above in Item 24, leave existing Water Treatment Package providing potable water supply to Arena. Revise booster pump package and delete VFD's from scope. Supply and install two (2) pumps (only) (one duty, one standby). S cr 26. In item 23 above, water treatment system was relocated. In this option delete new water system and avoid building mechanical room 8106. Plumbing changes include the following: "1. Drawing M=001 a) Delete all work associated with relocating well feed to building. Retain existing. system. 2. Drawing M-201A and M-201-D a) Delete bottle filler BF-1 and DCW.- BF line. b) In lower level dressing room area do not demolish existing DCW and DHW and DHWR lines. Delete new DCW line, DHW line, TW line, and DHWR line. Pipe new fixtures in lower level ' dressing room area from existing DCW, and DHW lines. 3. Drawing M-201 B and M-201 B-D a) Delete DCW - BF line. b) In lower level dressing room area do not demolish existing DCW, DHW, and DHWR lines. Delete new DCW line, DHW line, TW line, and DHWR line. Pipe new fixtures in lower level dressing room area from existing DCW, and DHW lines. POST TEDNER ADDENDUM qi (FINAL) 09040PTA01 180310 Schedule "B" POST TENDER ADDENDUM NO. 1 Page 4 of 5 4. Drawing M-2028 and M-2026-D a) Do not delete existing water lines, and sanitary lines. Delete new DCW, DHW, DHWR, TW and DCW - BF, and 4" sanitary line. 5. Drawing M-601 and M-701 a) Do not demolish existing equipment in mechanical .rooms or zamboni room. ' b) Retain existing water system including.domestic hot water and zamboni electric hot water tanks. c) Delete all work associated with detail 2/M701: .1 Delete new laundry tub LT-1 .2 Delete new 48" sanitary sump pit and pumps. .3 PrQVide new water filters and one new pressurized tank on existing water system. ' .4 Replace existing W system with new. 6. Drawing M-G02 (Detail - M-602) a) Delete unit heater UH-1, SF-2 and associated controls and ductwork. b) Delete exhaust fan EF-4 and associated controls and ductwork. c) Delete infrared heater IFC-2. d) Delete new wall louvers." S cr 27. Delete DX cooling capacity from new AHU. Provide heating capacity only. Unit to become heating only with outside air free, . cooling when conditions permit. S cr 28. Delete new ground mounted AHU and replace with new unit in existing location Storage 118. Provide additional supplementary electric heating in ramp area and handicap W/R. S cr~ 28. Delete exterior lighting on east wall (7 fixtures type N). ~ 5 cr 30. Delete fencing and concrete pad at new AHU. 3 cr 31. Modify lobby ductwork to expand existing HV coverage. S cr 32. Drawing M-401A and M-401 B a) Delete notes 4 and 5. Do not replace existing supply and return air grilles. Retain existing. 3 cr 1.2 ALTERNATE SEPARATE PRICES In addition to the Credit Prices ident~ed in Item 1.1 above, we offer the following proposed changes to the project plans and specifications with the following Credits. Description of Proposed Change - Credit 1. a S cr 2. i cr 3. 5 cr. POST TEDNER ADDENDUM #1(fINAI) 09040PTA01180310 Schedule "B" POST TENDER ADDENDUM NO. 1 Page 5 of 5 Revised 4. S cr 5. S cr It is understood, by signing and submitting this Post Tender Addendum, the undersigned is/are fully aware of the requirements outlined herein. Furthermore, it is certified that the undersigned is/are authorized and empowered to sign and submit this Addendum. End of Post tender Addendum No.1 Ba s tes (1991) Limited C.M. O CM/ck Attachments: Drawing SK-A05 Part Plans Mechanical Room 8106 . Address Label I/we hereby acknowledge receipt of this addendum. Signed (Must be Signing Officer of Firm) Position Name of Firm 2of2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-3330 Schedule "B" TPO MEMBRANE ROOF FLxLr ADHERED TPO ROOF MEMBRANE TAPERED INSULATION (YRIEAE PLANS WDILATEO) PROTECTION BOARD ON STRIICNRAL SIEE1. OEUT. r~ 7 -- l~ \ scuvPEa RWl AND SPLASH PAD iB•-0• 3 ROOF PLAN K-AO vas =r-oN 6 .52kPa , m i ~ iV a 12' CONCRETE Fg1NDATK)N YIAl1 ANO 10''11 24' STEPPED FOO1BKi 1D ANTCH EXISiB/G 16'-D' 12'-0' CLEAR HEIGHT METAt 901110 - _ BULLIg9E BLOCK A7 _ ~ 9EA~ ~ 81CIQIP BDTH 910ES -_ DDDR L iRAIE DETAIL HEAD IER•n s o F A O = = = - p A Bt/ Y~ p BIIUiER AT 00011 _ FAME MEDr saNC = _ 1 elaol AT OD'OSm CONE. SFAIAN7 ~~ . BAg01P BDiN 90FS DOOR k iRYE DETAIL JAMB 0 ~: FRAME TYPES F1 DOOR TYPES M 8' SLAB ON GRADE . ~ WRH6K6 YIELDED MARE MESH r-o' x r-o" M TYPE DOOR AND F1 HM . FRAME 7/B' VERtICAL CORRUGATED METAL Tn SIDING DN 1 4' VERTICAL Z-CARTS (DIERIIKLY \ BROKEN) C/W ' SPRAYED BiSIRAlION ALSO ACiBIG 3 o AS BREGRAL AptrAPgllt BARRIER ~ .. 1v 10' L010 BEARBIG CONCRETE BLOCK A ~ 4'-0' w S'-0' CONCI~IE i ~ o UGNI FIXRAiES ANO PORER TO SERVE WATER 111FATIIDIf 1B'-0' EOUIPMFNT 2 ROOF FRAMING PLAN ~ ~ FLOOR PLAN K-AO 1/16•=r-oN K-AO v~s~~r-or PROJECT: DRAWING: EIARRY• EIRYAN A ~ ear _.. Y16 . (7 TEG ~1~U I ,Mw,.r; . a mc DARLINGTON SPORTS CENTRE PART PLAN A,r~1. „~~: ,.~, MECHANICAL ROOM 8106 ~ eowrr.on w p,1010 - Wli!)OrMNLIN00~ 7CNC HAMPTON, ONTARIO to aoslenaat 1T'1`P rr< pogwaa~ rae MUNICPALITY OF CAARINGTON °`°`"°`•"""`°'~'°"°"r"r'"~ '~~w ~'°`"' .~aM"~~ ~ ~rarrN~aunr. ~awcrronaofww~rrNrtawau wnnao rrr rrNrroNa ns coaurNnrrarror~ _ ~ • 09040 SK A05 oNrNrtNr Nor ro K W[D/aNCOr~NUCNONIMr rsao "ra roue w»r mwarNe. Schedule "B" THE CORPORATION OF THE MUNICIPALITY OF CLALINGTON PURCHASING DIVISION ADDITIONS AND RENOVATIONS, DARLINGTON SPORTS CENTRE, 2276 TAUNTON ROAD, HAMPTON POST TENDER ADDENDUM ADDRESS LABEL PLEASE FIRMLY AFFIX THIS ADDRESS LABEL TO THE ENVELOPE CONTAINING YOUR SUBMISSION FOR SUBMITTING BY MAIL OR COURIER. __ cut here TENDER ENVELOPE RETURN NAME: NAME ..........................................:..... ADDRESS .........:................................ .......................................................... TELEPHONE ....................:.................. CORPORATION OF THE MUNICIPALITY OF CLARINGTON OFFICE OF THE CLERK 40 TEMPERANCE ST. BOWMANVILLE, ONTARIO L1 C 3A6 TENDER NUMBER: CL2010-1 (POST TENDER ADDENDUM) SPECIFICATION: ADDITIONS AND RENOVATIONS, DARLINGTON SPORTS SEALED BID CENTRE, CLOSING TIME & DATE: 2:00:00 P.M., THURSDAY MARCH 25, 2010 .___.~ cut here Note: Should you decide to use your own return envelope in lieu of the envelope provided, the label above must be affixed to the front of your envelope. ALL of the information shown on the above label must be complete. The Municipality of Clarington cannot be held responsible for documents submitted in envelopes that are not labelled in accordance with the above instructions. If you have any questions, feel free to contact Purchasing at 905-623-3379. Schedule "C" March 31, 2010 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Attention: ~ Mr. Jerry Barber, Purchasing Manager BARRY•BRYAN ASSOCIATES Re: .Tender Summary and Recommendations 11991) Limited Darlin ton S o g p its Centre Renovation 2276 Taunton Road, Hampton, Ontario Architects Municipality of Clarington Tender No. CL2010-1 I:ngi~rs ~ BBA Project No. 08040 Landsrape A-chitect• Project S Dear Sir: As requested, we have reviewed the tender submissions received for the Darlington Sports Centre Renovation, 2276 Taunton Road, Hampton, Ontario, Municipality of Clarington TenderCL2010-1 Tenders for the Darlington Sports Centre Renovation were received by the Municipality of Clarington on Friday March 12, 2010. Tenders were received by the Purchasing Manager of the Municipality of Clarington at or before the stipulated tender closing time. Five bids were received from approved pre-qualified General Contractors. One of the pre-qualfied bidders, Jasper Construction, did not submit a tender. Tenders -were opened at 2.15 pm immediately following receipt of the tenders at a public tender opening at the Municipal Administrative Centre. The following table summarizes the five tenders received. Name of Bidder Total Lump Sum Tender Price" Dineen Construction Corporation $ 2,830,000.00 Gerr Construction Ltd. $ 2,415,000.00 Graham Construction & Engineerinta $ 2,548,000.00 JJ McGuire General Contractors Inc. $ 2,597,000.00 James Kemp Construction Ltd. $ 2,555,533.00 ~..,,~ * Totai Lump Sum Tender Price excluding GST. ~ Each of the bidders correctly acknowledged receipt of Addenda No.'s 1-3. ~`~- Each of the bids identified an amount for Separate Price item No. 1, hazardous materials abatement. zoo weer street ' Each of the bids included amounts for Optional Price items 2.1 to 2.5 in the tender form. wnlwy, OMerio ceoede LtN oc5 Each of the bids included an amount as stipulated of $352,475.00 for pre-tendered work which Tale: 905.669-525z includes the supply and installation of the Refrigeration System. This work was pre-tendered by the Toronto: ~5-a27-aa95 Municipality (Tender CL2009-45) and is to be assigned to the selected General Contractor as a Fax: 905-666-5256 normal sub-trade. E~me~~: tt~~a-arcf~ng_~~ www.bba-archeng.com Each of the bids included the total Cash Allowances of $70,000.00. OtiQ40L310310 Tender Summary Letter.wpd Schedule "C" Page 2 An Agreement to Bond in the amount of Fifty Percent of the Amount of Tender for each of the Performance Bond and Labour and Material Payment Bond were provided by all bidders. The Tender Forms were signed by all bidders. Upon review of the tenders received it was determined that the lowest tendered amount exceeded the budget established by the Municipality. In accordance with the guidelines of the Canadian General Contractors Association, the three low tenderer's were invited to respond to a Post Tender Addendum, which was issued on'March 19, 2010. The Post Tender Addendum requested credit pricing for 32 items. There was also an opportunity for the bidders to make recommendations with pricing for additional revisions to the scope which may assist in lowering the total tendered amount. Two of the three low bidders, Gerr Construction Ltd. and James Kemp Construction Ltd., responded and submitted Post Tender Addendum pricing on March 30, 2010, at 2.00 P.M. Summary Based on our review of the tenders and the subsequent post tender addendum pricing we recommend that the tender for the Darlington Sports Centre Renovation. be awarded to Gerr Construction Ltd. of Solina Ontario for the Total Lump Sum Tender Price of $1.999.800.00 (exclusive of applicable taxes) being the amount of original tendered price less the amounts for items 1, 2, 7, 8, 9,10,11,12, 13,14,18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31 and 32 and the bidders alternate separate items. Tenders are open to acceptance by the Municipality of Clarington for Sixty {60) days We believe that to the best of our knowledge, the tenders for this project have been received and reviewed and our recommendations have been made in accordance with the guidelines set forth in the Canadian Construction Documents Committee Document CCDC-23- A Guide to Calling Bids and Awarding Contracts. Should you have any questions or require further assistance, please do not hesitate to contact our ofFice Yours very truly, 991) Limited Prchltect, Project Managers Chris M. Earle, CM c c Attachment. c.c. Mr. George Acorn, Municipality of Clarington 09040L310310 lender Summary letter.wpd Staff Report # 2 • 11 REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: APRIL 12, 2010 Resolution#: By-law#: N/A Report: COD-011-10 File#: Subject: TENDER NO. CL2010-11 -REFRIGERATION UPGRADE FOR GARNET B. RICKARD RECREATION COMPLEX RECOMMENDATIONS: It is respectfully recommended to Council the following: THAT Report COD-011-10 be received.; 2. THAT the tender received from Black and Macdonald Limited, Stoney Creek, Ontario, being the lowest responsive bidder meeting all terms, conditions and specifications of Tender CL2010-11, be awarded the contract for the Refrigeration Upgrade for Garnet B. Rickard Recreation Complex, Bowmanville, Ontario at a total bid of $352,400.00, plus GST; and 3. THAT the expenditure in the total amount of $387,400 ($352,400.00 tender plus $35,000 contingency) be drawn from Account # 110-42-421-84258-7401. Submitted by. Marie Marano, H.B.Sc., C.M.O Director of Corpora Se ices ~/ N n y Ta or, ., C.A., Director. of Finance/Treasurer Reviewed b :~~ ~~~ Y Franklin Wu, Chief Administrative Officer MM\JDB\sm\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: COD-011-10 PAGE 2 1.0 .BACKGROUND. AND COMMENT 1.1 Tender spec cations were provided by Efficiency Engineering Incorporated for the Refrigeration Upgrade for the Garnet B. Rickard Recreation as required by the Community Services Department. 1.2 The tender was electronically advertised on the Municipality of Clarington's website as well as the Ontario Public Buyers Association's website. Tenders closed March 31, 2010. Subsequently tenders were received and tabulated as follows: BIDDER TOTAL BID GST Extra Black and Macdonald Stone Creek, Ontario $ 352,400.00 Industrial Refrigeration System Milton, Ontario $ 370,000.00 Cimco Refrigeration Toronto, Ontario $ 398,900.00 2.0 ANALYSIS 2.1 After review and analysis of the bids by the Community Services Department, Efficiency Engineering Inc. and Purchasing, it was mutually agreed that the low bidder, Black and Macdonald, Stoney Creek, Ontario, be awarded for the contract for the Refrigeration Upgrade at Garnet B. Rickard Recreation Complex. 2.2 Black and Macdonald Incorporated has performed satisfactory work for the Municipality of Clarington in the past. REPORT NO.: COD-011-10 PAGE 3 3. FINANCIAL 3.1 The scope of work outlined in this tender is part of the larger Rickard Complex Energy Retrofit Project that received federal and provincial funding through the Build Canada Fund -Communities Component, Intake 2 Program. The total project budget is $1,275,000.00. 3.2 The cost #or this portion of the project, including contingency is $387,400.00 with the required funding being drawn from the 110-42-421- 84258-7401. 4. CONCLUSION 4.1 After review and analysis of the bids by Purchasing, the Community Services Department and Efficiency Engineering Incorporated, it is recommended that Black and Macdonald Limited be awarded the contract for the Refrigeration Upgrade for the Garnet B. Rickard Recreation Complex project. 5. INPUT FROM OTHER SOURCES 5.1 The Director of Finance has .reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Community Services. 5.2 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Director of Community Services Attachments: Attachment 1 -Schedule "A", Memo from Efficiency Engineering Incorporated Attachment t -Schedule "A" ~~ EFFICIENCY ,~ ENGINEERING www.ee-solutions.com I N C O R P O R A T E O Mechanical and Electrical Engineers specializing in building retrofit and energy management. Apri15, 2010 Corporation of the Municipality of Clarington 40 Temperance St. Bowmanville, ON _ L1C 3A6 To: Sandra McKee, Senior Buyer CC: George Acorn, Manager of Facilities Re: Bidder Selection - CL2010-11. SuRrtly and Installation of Arena Refrigeration Svstem. Closure date: 31 March 2010. 2pm 1. I recommend that Black & MacDonald Limited be contracted for the above noted project; 2. Black & MacDonald's bid was the lowest of the 3 received for this tender; 3. I have worked with Black & MacDonald in the past and have not had any issue with their workmanship or project execution skills 4. I expect that Black & MacDonald shall be able to complete the work required to the applicable professional standards and within the amount quoted. 5. For your consideration -~~i Andrew Epp, P.Eng, PMP Project Manager Efficiency Engineering r Efficiency Engineering Inc. ph: 519 624 9965 Page 1 of 1 420 Sheldon Drive, Sufte 203, Cambridge, ON, NIT 2H9 fx: 519 624 9316 Vendor recommendation (tender #1) • ~~ leading the way PLANNING SERVICES REPORT Staff Report # 3 Meeting: COUNCIL Date: April 12, 2010 Resolution #: By-law #: Report #: PSD-048-10 File #: ZBA2008-0023 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: PRESTONVALE ROAD LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-048-10 be received; 2. THAT the application submitted by D.G. Biddle & Associates on behalf of Prestonvale Road Land Corporation to remove the Holding (H) symbol be approved; 3. THAT the attached By-law to remove the Holding (H) symbol from Lots 39 to 41 be passed and a copy forwarded to the Regional Municipality of Durham; 4. THAT a By-law be forwarded to Council for removal of the Holding (H) symbol from Lots 50 to 53 at such time the temporary Stormwater Management Pond has been de- commissioned and a copy be forwarded to the Regional Municipality of Durham; and 5. THAT all interested parties listed in Report PSD-048-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: G Reviewed by: ~' a Langm , FCSLA, MCIP Franklin Wu ing Director, Planning Services Chief Administrative Officer CP/df 6 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 F (905) 623-0830 REPORT NO.: PSD-048-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Road Land Corporation 1.2 .Agent: D.G. Biddle & Associates Ltd. 1.3 Location: Lots 39 to 41 inclusive, 40M-2391 Part of Lots 32 and 33, Concession 2, former Township of Darlington 1.4 Rezoning: Removal of Holding (H) symbol from "Holding -Urban Residential Exception ((H)R2-64)" to "Urban Residential Exception (R2-64)" 2.0 BACKGROUND 2.1 On October 6, 2008, staff received an application from D.G. Biddle & Associates on behalf of Prestonvale Road Land Corporation for the Removal of the Holding (H) Symbol for the lands within the limits of Draft Plan of Subdivision S-C-2007-0003. In January 2009 Council considered staff Report PSD-008-09 and approved a By-law to remove the holding from all the lands within the limits of the subdivision except Lo#s 39 to 41and Lots 50 to 54 inclusive. 2.2 Lots 39 to 41 and Lots 50 to 54 inclusive, on either side of Oke Road were to be used temporarily for stormwater management ponds to deal with water quality and .water quantity control for the subdivision. Stormwater from the subdivision will ultimately flow into future ponds to be constructed south of the extension of Glenabbey Drive in draft approved plans of subdivision south of the subject lands. 2.3 Through the detail engineering design for the subdivision, subsequent to the January staff report, the developer's agent was able to confirm that Lot 54 of 40M-2391 was not needed for stormwater management. In September 2009 Council approved a second By-law removing the Holding (H) symbol from said lot 2.4 The Engineering Services Department has recently advised that the temporary sediment pond on the north side of Oke Road is no longer required. As a result they support removing the Holding (H) symbol from Lots 39 to 41 at this time. The Holding (H) symbol will remain in place on Lots 50 to 53 inclusive on the south side of Oke Road until the permanent pond is constructed. The developer of the lands to the south has done significant grading of the lands and a subdivision agreement for those lands is expected to be prepared in the near future. At such time said pond is constructed, a By- law to remove the Holding (H) symbol from Lots 50 to 53 -will be forwarded to Council. 2.5 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and REPORT NO.: PSD-0.48-10 PAGE 3 any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 2.6 The subject lands are zoned "Holding -Urban Residential Exception ((H)R2-64)". As outlined in paragraph 2.5, Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol. No building permits can be considered until. the Holding symbol is removed. 3.0 STAFF COMMENTS 3.1 The subject lands afe located within the Courtce urban area. The creation of the lots is consistent with the draft approved and registered plan of subdivision and the Subdivision Agreement between the Owner and the Municipality. 3.2 It is noted that pursuant to Section 36 of the Planning Act, a By-law Amendment to remove the Holding (H) symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall. be deemed final and binding upon Council's approval. 3.3 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 1 to Report PSD-048-10) is recommended. Staff Contact: Carlo Pellarn Attachments: Attachment 1 - By-law Interested parties to be notified of Council and Committee's decision: Prestonvale Land Corporation D.G. Biddle & Associates Ltd. Region of Durham Planning Department Attachment 1 To Report PSD-048-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW N0.2010- being a By-law to amend By-aw 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 40M-2391; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4 - Courtice" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Exception ((H)R2-64)" to "Urban Residential Exception (R2-64)" 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 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of 5 2010 A.D. 2357 22 19 18 23 53 15 14 11 2349 �. 10 LU e�- 28 0 6 10 OKE ROAD 5 7 2 11 15 17 21 23 25 ®Zoning Change From(H)R2-64 To 112-64 Jim Abernethy,Mayor Patti L.Barrie,Municipal Clerk WOMEN 771 ti �t N Subject Site RO COURTICE o� Zan2ooe-ms Zonl!?SehWule 4D Unfinished Business #1 Excerpt of Council Minutes -January 11, 2010 Resolution #C-016-10 Moved by Councillor Woo, seconded by Councillor Robinson THAT Addendum 2 to Report PSD-067-09 be received; THAT Report PSD-067-09 be tabled until the April 12, 2010 meeting of Council; and THAT all interested parties listed in Report PSD-067-09 and any delegation be advised of Council's decision. "CARRIED" Unfinished Business • ~~r ~ .~1t Leading the way REPORT PLANNING SERVICES Mee#ing: COUNCIL ~e~sa ~ ~~d~ ~ ~ ~ ~ ~ ^ !~ Date: Monday, January 11, 2010 Report #: Addendum 2 to File #'s: COPA 2005-008, By-law #: PSD-067-09 PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 Subject: STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN. DEVELOPMENTS INC. (METROS DEVELOPMENTS INC.j BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE RECOMMENDATIONS: ft is respectfully recommended to Council the following: 1. THAT Addendum 2 to repor# PSD-067-09 be received; 2. THAT Report PSD-067-09 be tabled until the April 12, 2010 meeting of Council; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: David . Crome, MCIP, ~RPP Director of Planning Services Reviewed by: --~ ranklin Wu, Chief Administrative Officer CP/df 6 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~~40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (805}623-3379 F (90523-0830 ADDENUM 2 TO REPORT NO.: PSD-067-09 PAGE 2 1. At the meeting held on June 29, 2009, Council tabled report PSD-067-09 to September 14, 2009. The report recommended that the Municipality take the position that the Neighboufiood Design Plan and the related development applications-must incorporate "a restored, naturalized northerly tributary of the .Foster Creek within the Newcastle Village North Neighbourhood". An Addendum report was presented to Committee on September 14 and tabled to October 26 and subsequently further tabled until to the first Council meeting of 2010. 2. In the fall of 2009. the applicant's presented staff. a concept that proposed to relocate and daylight a portion of the northern tributary. The concept would continue to pipe the tributary from the point it crosses Arthur Street southerly along the west boundary of Arthur Street to the vicinity of the southern tributary. From this point the northern tributary would be daylighted in an east -west direction #o the mid-point of the property where it then runs south to the railway. 3. -This concept has not been formalized and an official revision has not been submitted at this time. However, discussions with Metrus Developments confirmed that their priority remains obtaining Final Approval and registration of their subdivision application in the Brookhill Neighbourhood of Bowrnanville. They would like municipal staff to focus efforts on this matter prior to dealing with Village North applications. The plan of subdivision in the Brookhill Neighboufiood was presented to the Ontario . Municipal Board on December 2, 2009 at a settlement hearing and draft approved subject to conditions. 4. The Ontario Municipal Board has presently schedule hearing dates for appeals to the North Newcastle Village applications as follows: • Progress report Pre-hearing April 16, 2010 • Hearing May 10 -14, 2010 5. It is recommended that report PSD-067-09 be further tabled until to the Council meeting of April 12, 2010. Staff Contact: Carlo Pellarin List of interested parties to be notified of Council's decision: Doug and Bridgette Rombough Rev. Robert Brouwer Steve Holliday Hugh AI(in Anthony Jones Helen Hudolin Heather Dowing Patricia Simiele Robert MacDonald Cory Geddes Jeny Reffosco Joanne Raymond Mark Veneziano Rob Franssen Jason Gibson Steve Wilson Smooth Run Developments Inc. Brookfield Homes Ontario Limited Roslyn Houser Bryce Jordan Ganaraska Region Conservation Authority Unfinished Business ~~ cs~~g r~s wQy REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 14, 2009 Resat-~~, ~1~- GPr~~`" ° Report #: Addendum 1 toy File #'s: COPA 2005-008, By-law #: PSD-067-09 PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 Subject: .STATUS REPmRT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY, SMOOTH RUM DEVELOPMENTS INC. (METROS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum 1 to: report PSD-067-09 be received; 2. THAT report PSD-087-09 be #abled until the October 19th meeting of the General Purpose and Administration Committee; and. 3. THAT all interested :parties listed in this report and any delegation be advised of Council's decision. Submitted by: avi . Crome, MCIP, RPP Director of Pl~nning Services ;~ ~~ Reviewed by. Franklin Wu, Chief Administrative Officer DJC 10 September 2009 CORPORATION OF THE MUNtCIPAI.ITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T {905)623-3379 F (905yf23-0830 REPORT NO.: Addendum to PSD-067-09 PAGE 2 1. At the meeting held on June 29, 2009, Council tabled report PSD-067-09 to September 14, 2009. The report recommended that the Municipality take the position that the Neighbourhood Design Plan and the related development applications must incorporate °a restored, naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood". 2. Staff of the Municipality and the Ganaraska Region Conservation Authority subsequently ~ met with the Smooth Run Developments Inc. and Brookfield Homes Limited to clarify the possibilities for day-lighting and incorporating a naturalized and restored tributary into the subdivision plan. It is my understanding that the developer's engineers are reviewing this matter. 3. At the same meeting, we were advised that the priority for the Metrus Developments (Smooth Run) was the completion and approval of their Brookhill plan of subdivision in Bowmanville. Subsequently,. the focus of the efforts on behalf of Metrus Developments has been on resolving the outstanding issues related to the Bowmanville subdivision application, including the external services, and the joint development arrangements with other developers in the neighbourhood. As a result no further meetings have been held with respect to the Village North project. 4. The Ontario Municipal Board held apre-hearing conference on the Village North applications on August 4, 2009.. The Board has set a timetable for the appeals of the Village North development proposals as follows: • Pre-Hearing Conference on October 30,2009 • Hearing commencing February 5, 2010 5. In recognition of the efforts to prioritize the Bowmanville development applications, it is recommended that report PSD-067-09 be further tabled until to the .October .19~' meeting of the Genera! Purpose and Administration Committee. This recommendation is supported by the developers. List of interested parties to be notii'led of Council's decision: Bryce Jordan, Sernas Associates Jerry Reffosco Smooth Run Developments Joanne Raymond Brookfield Homes (Ontario) Limited Steve Holliday Hugh Allin Doug Rombough Steve Wilson Cory Geddes Robert Macdonald Robert Fassen Helen Jones Rev. Robert Brouwer Ganaraska Region Conservation Authority Robert Craunstown. G ~ad~g rkB way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE r Date: Monday, June 22, 2009. ~ ~),p~u77f~»~~~9~~J ~ R Repot #: PSD-067-09 File #'s: COPA 2005-008,. By-law #: PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 Subject: STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS 1NC. (METROS DEVELOPMENTS INC.) BR~OKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-067-09 be received; 2. THAT the Municipality advise Smooth Run Developments Inc. and Brookfield Homes (Ontario} Limited that it is the Municipality's position .that the North Village Neighboufiood Design Plan and the related official plan amendment and development applications must incorporate a restored and naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted b : Reviewed by: ~ ~ ~~-'~. y Davi . Crome, MCIP, RPP Franklin Wu, Direc or of Planning Services Chief Administrative Officer CS/CPlDJC/df 18 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-067-09 PAGE 2 1,0 APPLICATION DETAILS 1.1 ~ Owners: Smooth Run Developments lnc. (Metrus Developments Inc.) Brookfield Homes (Ontario) Limited 1.2 Agent: ~ Semas Associates 1.3 Proposed Clarington Official Plan Amendment (May 2009): Amend Map E3 to increase the population of the. North Village Neighboufiood from 3,900 to 5,100 and related changes to the population table. • Amend Table '9-2 by increasing the housing .target for North ~Ilage Neighbourhood to reflect the following: i) 1,050 low density units to 1,275 units ii} 250 medium density units to 420 units iii) total from 1,350 units to 1,750 units;. and iv} amending all corresponding totals. By amending Section 16.9 -Special Policy Area G North Newcastle Village to, among other things, reflect the proposal to redesigna#e the lands currently designated Future Urban Residential Area for urban residential uses. • Amend Map A-4 -"Land Use Newcastle Village Urban Area" by: i} re-aligning Regional Road 17 (Type 'B' Arterial); ii} revising the collector road pattern; iii) deleting a public elementary school symbol; iv) relocating two elementary school symbols; v) relocating two neighbourhood park symbols; vi) relocating two medium density symbols and adding three more medium density symbols; and vii) deleting the "Future Urban Residential" designation wi#hin Special Policy Area G. . • Amend Map B4 "Transportation -Newcastle Village Urban Areau by realigning . Regiona! Road 17 (Type `B' Arterial) and revising the collector road pattern. 1.4. Draft Plans of Subdivision (May 2009): Smooth Run Developments: 737unit residential Plan of Subdivision consisting of 304 single detached dwellings, 323 semi/link dwellings, 110 townhouse units, and_ part blocks for residential units, one (1) elementary school, (1) park block, a parkette, two (2) stormwater management facilities and a Future Development Block. rev •.. v REPORT NO.: PSD-067-09 PAGE 3 Broo~eld Homes (Ontario) Limited: consisting of 120 single detached townhouse units, and part blacks fo Development Block. 1.5 Zoning By-law Amendments: 293 unit residential Plan of Subdivision, dwelling units, 93 semi/link dwellings; 80 r residential units, a parkette, and a Future Change the current zoning on both properties from "Agricultural {A-1} Zone" to an appropriate zone to permit the proposed developments. 1.6 Site Area: Smooth Run Developments 73.84 hectares Brookfield Homes 34.86 hectares TOTAL 108.70 hectares (269 acres} 1.7 .The subject properties are located north of the Canadian Pacific Railway (St. Lawrence and Hudson Railway), east of North Street (Regional Road 17) and Highway 351115, south of Concession Road 3 and west of Arthur Street, being Part Lvts 27 & 28, Concession 2, former Township of Clarke. 2.0 BACKGROUND 2.1 On August 24, 2005 Staff received an application to amend the Clarington Official Plan submitted from Smooth Run Developments Inc. {Smooth Run), a company of Metrus Developments Inc. and Brookfield Homes. (Ontario) Limited (Brookfield). A Neighbourhood Design Plan was also submitted by both parties. 2.2 Smooth Run and Brookfield have each submitted separate applications for draft plans of subdivision as well as rezonings. A statutory Public Meeting was held on January 9"', 2006. The applications were referred back. to staff for further processing, the completion of the Neighbourhood Design Plan process and a Financial Impact Analysis. The Financial Impact Study was undertaken by Hemson Consulting for the Municipality of Clarington and included a review of these applications as well. as various major development proposals in other areas of the Municipality. The conclusions and recommendations of the Financial Impact Analysis were presen#ed at the General Purpose and Administration Committee Meeting of February 25, 2008, through Report FD- 007-08. 2.3 On May 28, 2008, both Smooth Run and Brookfield submitted revised draft plans of subdivision and corresponding rezoning applications for only the lands in the south-west comer of the comb"rued overall site, -where the applicants believed that servicing would be available for approximately 250 units, referred to as Phase 1. 2.4 On July 28, 2008, a revised Official Plan Amendment was received, as well as a third revision to the two draft plans of subdivision and rezoning .applications based on the entire site. The total number of residential units was 1,567. REPORT NO.: PSD-067-09 PAGE 4. 2.5 On August 7, 2008 the Municipality received a Notice of Appeal submitted by the solicitor for Smooth Run and Brookfield, regarding the Official Plan Amendment, proposed Draft Plans of Subdivision and applications for Zoning By-law amendment. The appeals .were filed under Sections 22 (7), 51(34) and 34(11) of the Planning Act, for the Municipality's failure to make a decision in respect of these development applications. The appeals were the subject of Report PSD-092-08, considered ~by Committee on September 8, .2008. 2.6 A second statutory Public Meeting, based on the July 28, 200$ submissions was held on September 22, 2008. The applications were referred back to staff for further processing and the completion of the .Neighbourhood Design Pian process and resolution of issues. 2.7 On December 10, 2008, a Prehearing Conference before the Ontario Municipal Board was held. At that time, the Municipality and applicant's solicitor agreed to continue to work on resolving the various issues, regarding financial impacts, phasing and environmental concerns. A second pre-hearing conference was held on March 26th, 2009 at which time a third pre-hearing conference was set for July 9th, 2009 to establish the issues for the actual OMB hearing. A date for the OMB hearing was also set for October 5th, 2009 for 21 days. The re-alignment of .Regional Road 17 involved the Region, the Ministry of Transportation and the developers. It was resolved through mediation held March 6th, 2009. 2.8 On May 6th, 2009 the proponents made a fourth submission of the plans of subdivision. This submission is currently in circulation for comments from review agencies (Attachment 2). 2.9 Since the appeal, there have been on-going Nwithout prejudice" discussions with the proponent to resolve the large number of issues related to this proposal. Given the size of the proposed development, comprising virtually an entire neighbourhood, and given the anticipated time #o build-out, .there have been numerous issues under discussion with the applicant, involving the long term .needs of.various government. agencies and the Municipality. This development was also highlighted in the Study of the Financial Impact of New Developments in Clarington. While i# appears that a number of issues might be resolved by agreement, there is an issue of central importance to the developers and the Planning Services Department which remains at an impasse. The purpose of this report is to refer to Council for consideration. 3.0 RESTORATION OF THE FOSTER CREEK TRIBUTARY 3.1 Tfie subject lands are located within the Foster Creek Subwatershed. The Foster Creek Subwatershed Planning Study was finalized in March 2001 by the consulting firms of Gartner Lee Limited (now AECOM) and Greenland International Consulting Inc. The study identified resource management objectives for aquatic and terrestrial habitat, surface and groundwater. functions, soil and land resources and wildlife corridors and REPORT NO.: PSD-067-09 PAGE 5 linkages. The report identified the northerly tributary as a wetland and ident~ed a significant wetlandfforest feature (Site 14) east of Arthur Street. It recommended, among other things, that: • a portion of a "buried" tributarylwetlarid north of the railway in the vicinity of Arthur Street be uncovered and restored; and • a 100 metre wide corridor be established to connect the Graham Creek and the Foster Creek valleys. The establishment or restoration of native trees and ground. cover in the corridor will facilitate wildlife movement and connections between significant environmental features {Attachment 3). The subwatershed study and its recommendations were received by Council in June 2001. 3.2 The finro tributaries in the North Village neighbourhood have been severely affected by the drainage and farm practices over the years. In the view of the Municipality's consultant, the tiling of the northerly tributary has been somewhat ineffective and a meadow marsh community has developed in the depression which includes the buried watercourse. The watercourse conveys water overland as well as through the tiles. The alternatives that are under discussion to date 'are as follows: The Developer's Proposal: The construction of a new bypass pipes within the road system of the subdivision to convey the water from outside the Plan of Subdivision (east of Arthur Street) to bypass the stormwater ponds and discharge immediately north of the railway tracks into the existing culverts and tributaries; or • ~ The Staff Proposal: To restore the northerly existing tributary appropriately designed as a functioning naturalized corridor. 3.3 This matter has been the subject of some discussion since the applications were submitted. The developers have provided opinions from two environmental consultants. Stantec Consulting Ltd. and LGL Limited examined the ecological benefits of daylighting a piped tributary in the subwatershed of Foster Creek, and the benefits of a naturalized corridor adjacent to the CRP railway connecting the Foster Creek and Graham Creek (See Attachments 4, 5 and 6). The proponents are proposing two large stormwater management ponds at the south end of the neighbourhood and in their view, the ponds would provide an east-west wildlife corridor. Our consultant's view is that this existing configuration does not fulfill the function of a terrestrial wildlife corridor. The developer's consultants have advised that there does not appear to be sufficient local population of animal and bird species to warrant a 100 metre wildlife corridor. The stormwater management feature is an adequate facility to provide east-west conveyance of wildlife. !n addition, this feature would create a road safety issue. With respect to the .daylighting of the tributary their consultants concluded it may result in r emu` v REPORT NO.: PSD-067-09 PAGE 6 deleterious impacts on the watercourse including #emperature increase and sediment load. In their opinion there is no apparent 1istieries benefit, Their estimated cost of daylighting the tributary is estimated to approach $1 million dollars. 3.4 Given the proponents continuing objection to the restoration of the tributary onto provide an alternate proposal to meet the objectives of the Subwatershed Study and with a Municipal Board hearing imminent, staff requested the original authors of the Foster Creek Subwatershed Report to review the opinions provided by the applicant's consultants (See Attachment 7). Gartner Lee, now part of AECOM, continues to ,support the overriding vision in the original report "to maintain and enhance the health and quality of the Foster Creek Subwatershed and its ecosystem." Natural heritage features in .the Foster Creek Subwatershed area are in short supply. The valleys of the Wilmot and Graham Creeks are more robust and offer higher potential for natural heritage functions than Foster Creek due to intense agricultural practices. Overland connections between watersheds could enhance natural heritage functions. In this instance the east west railway corridors serve as an anchor for a corridor. With the appropriate wildlife underpasses and fencing, road kill. and road safety issues can be mitigated. With respect to daylighting and restoration of the partially buried tributary, AECOM re- confirmed that daylighting .the tributary would contribute to creating connectivity within the watershed, as well as conveyance of nutrients and provides habitat for benthic invertebrates. AECOM advises that daylighting would be no more costly than the engineering and construction required to collect the water and deliver it downstream, through a third pipe. The dayligh#ed tributary can be planted with native species to produce a tree canopy which will maintain water temperature levels. 3.5 Planning Staff and GRCA staff have repeatedly requested the developers to amend the proposed Official Plans, Neighbourhood .Plans and Draft Plan to include .the daylighting and restoration of the tributary and the wildlife corridor. This has not occurred. 3.6 In response to the most recent submission of the subdivision plans, GRCA staff noted that the lot layout presented in the most recent draft plan continues to ignore the .recommendations of the Foster Creek Subwatershed Planning Study. The plan fails to incorporate either of the opportunities presented in the report, one being the restoration of a buried tributary arid the other a wildlife corridor along the southern boundary of the property. GRCA staff have been involved in numerous meetings .and reviewed several pieces of correspondence from the applicant's consultants regarding the merits of both of these recommendations". GRCA staff remains "of the opinion that a properly restored and naturalized stream channel is the preferred alternative to the current proposal, a piped watercourse. In addition, they are of the opinion that provided wildlife fatality due to increased traffic volumes can be mitigated, a wildlife corridor would serve to enhance the function of a connected natural heritage system". rwa~c r REPORT NO.: PSD-067-09 PAGE 7 4.0 APPLICABLE PLANNING POLICIES 4.1 .Provincial, Regional and Clarington planning policies support the concept of planning for the diversity and connectivity of natural features so that the long terms ecological functions and biodiversity of natural heritage systems is maintained, restored ~ or improved. From a policy perspective, "islands" of sensitive features are no longer sufficient, but connectivity is critical. 4.2 Provincial Policy Statement (PPS) Section 2.1 Natural Heritage, states that natural features and areas shall be protected for the long term. The diversity and connectivity of natural features and the long-term ecological function and biodiversity of nature! heritage systems should be maintained, restored or where possible improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Natural heritage systems is defined as: "a system made up of nature! heritage features and areas, linked by natural corridors which are necessary to mainfain biological and geological diversity, natural functions, viable populations of indigenous species and ecosystems. These systems can include lands thaf have been restored and ar~sas with the potential to be restored to a nature! state. u Surface Water feature is defined as: "refers fo water-related features on the ea-th's surface including headwaters, rivers stream channels, inland lakes, seepage areas, r~echarge/discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture, soil type, vegefafion or topographic characteristics° . Wetlands are defined as: "means lands that are seasonally or permanently covered by shallow water, as well as lands where the wafer table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophyfic plants or water tolerant plants. The four types of wetlands are swamps, marshes, bogs and fens" Section 2.2 Water, requires planning authorities to protect, improve and restore the quality and quantity of water by using the watershed as the ecologically meaningful scale for planning. Other related policies are: Section 1.5, Public Spaces, Parks and Operi Space policies, states that healthy active communities should be promoted by planning public streets and spaces that are safe .and facilitate pedestrian and non-motorized movement. A full range of publicly accessible built and natural setting for recreation including facilities, parks, open space and trails should also be considered. rw~ac n REPORT NO.: PSD-067-09 PAGE 8 Section 1.8, Energy and Air Quality, states that planning authorities shall support energy efficiency and improved air quality through various means in the planning and development process. 4.3 Provincial Growth Plan The Provincial Growth Plan for the Greater Golden Horseshoe is to be read in conjunction with -the PPS. Section 4.2.1. of the Growth Plan states that Planning Authorities are encouraged to identify natural heritage features and areas that complement, link or enhance natural systems 4.4 Durham Region Official Plan 4.4.1 A goal of the Regional Official Plan is to preserve, conserve, and enhance the Region's natural environment for its valuable ecological functions. The development of a connected and functional natural system ~ comprised of the Greenlands System (identified in the Regional Official Plan) and additional linkages and corridors .as identified in area municipal official plan is encouraged. . 4.4.2 The Environmental policies of the Durham Region Official. Plan, under the `Woodlands' section state: The Region will in cooperation with the area municipalities, conservation authorities and other agencies having jurisdiction, participate in managing the woodlands in the Region by establishing an overall woodland cover target of a minimum 30% of Durham's total land area. 4.4.3 In addition the `Water Resources' policies state that during the process of assessing development, streams and adjoining .lands are to be retained in, or rehabilitated to, a natural state, for the protection of fish and wildlife habitat and to minimize alterations to natural drainage systems and sediments entering a watercourse. 4.5 Clarinafon Official Plan 4.5.1 A goal of the Plan is to enhance. natural heritage systems and ecological integrity. An objective is to enhance ecological processes, biodiversity and connections within.-the natural heritage system. 4.5.2 The Plan states that in order to ensure corridor functions are maintained, and where possible improved or restored, every application for development or site alteration shall indentif)r planning, design, and construction practices that ensure no buildings or other site alternation impede the movements of plants and animals among natural heritage features, hydrologically sensitive features and adjacent lands. 4.5.3 The Plan notes that there are a number of natural heritage features which cannot be shown on the official plan schedules due to either inadequate information or the nature of the feature. The Plan notes that these features are also important to the integrity of the natural heritage system..Furtherrnore, the municipality is to prepare a subwatershed rsa~~r a REPORT NO.: PSD-067-09 PAGE 9 plan prior to the development of any plan of subdivision, with part of the purpose being to identify the natural features and systems to be preserved, enhanced or restored. The Foster Creek Subwatershed study was completed in 2001 and the recommendations were received by Council in principle. 5.0 IMPLICATIONS OF THE RESTORED .TRIBUTARY ANDIOR WILDLIFE CORRIDOR TO THE SUBDIVISION DESIGN 5.1 The .Village North Neighbourhood area has been affected by aggressive farm practices and, outside of the tributary, has only farm hedgerows. As a whole, this makes the lands extremely efficient to develop but lacking in any natural character .for its residents. AECOM noted that the Foster Creek Watershed, as a whole, even taking into account of all restoration opportunities could achieve 4% forest cover. Even in the last few weeks, the site has been disturbed with a .portion of the tributary area being regraded and planted with a cover crop. The restoration of this tributary provides an opportunity for improving the forest cover in the watershed and natural open space area for residents of the neighbourhood. 5.2 The subdivision design to date has involved the planning for two large stormwater ponds. at the south end of the development and the future construction of two by-pass pipes to convey water from outside of the neighbourhood around or under the stormwater ponds to be discharged southerly near the railway. The development proposal requires extensive regrading, in part as the proponent wants to minimize costs by attempting to maintain a cut and fill balance on the site. Thus the substantial quantity of soil excavated for the stormwater ponds is to be moved to other parts of the site. In addition,. lands requiring regarding to accommodate the proposed servicing scheme and deal with some steep grades. Retaining and restoring of the northerly tributary will require re-engineering of the project as currently proposed, potentially including the relocation of the stormwater ponds. 5.3 The restoration of the tributary would require a corridor approximately 30 m wide. This would yield a loss of approximately 1.6 ha from the .site. This is equivalent to approximately 35-40 units, assuming the densities currently proposed for the site. 5.4 If the wildlife corridor was to be incorporated along the railway, both our consultant and GRCA indicated that it could be less than 100 m as originally proposed..The impact of the corridor would be the relocation of the ponds northerly and the loss of more than 50 lots. 6.0 CONCLUSION 6.1 The restoration of the northerly tributary is the preferred option, if only one is to be implemented. It provides a number of environmental benefits including: rwaac ~~s REPORT NO.: PSD-067-09 PAGE 1Q • Enhanced ecosystem function including the creation of wildlife habitat and habitat for benthic invertebrates and the contribution of nutrients for downstream fish habitat, a reduction in flashy floods, removal of waterborne pollutants, and array of ecosystem services associated with riparian and forest vegetation; • Increased forest cover in the Foster Creek watershed; • Enhanced- connectivity with the significant swamp forest, thicket and meadow marsh referred to as Site 14 to the east of Arthur Street;. and • Open space opportunity for residents of the neighbourhood. 6.2 The costs of engineering and constructing the by-pass pipe solution have not been provided and the costs of the restoration of the existing watercourse would appear to be exaggerated. Utilizing Stantec's cost estimate but applied to a more accurate length following the existing watercourse, the estimated cost is $800,000 but could be much less since with limited flows there is no need for intensive design~and engineering. The cost of the by-pass pipe also requires engineering the solution, constructing the pipe and excavating the file drain. Our consultants indicate that many of the .costs overlap with and may not be much cheaper than daylighting through natural channel design. The major concern relates to the loss of some residential units. fi.3 Our consultant has noted that there is always more than one solution to improve ecosystem integrity. Alternative means of achieving the goals of the Official Plan and the Subwatershed Plan could be explored through further discussion following Council's decision on the matter. fi.4 Since this matter is before the Ontario Municipal Board, Committee may want to discuss some legal aspects related to the appeal and the Municipality's position. The Solicitor will be present and a legal update can be considered inclosed session. Attachments: Attachmen# 1 -Neighbourhood Design Plan Attachment 2 -Fourth Submission of Draft Plan of Subdivisions Attachmen# 3 -Extract of Subwatershed Study Attachment 4 - Stantec Consulting Ltd. -Opinion Letter Attachment fi -LGL Limited -Opinion Letter, February 15, 2008 Attachment 6 -LGL Limited -Opinion Letter, June 13, 2008 Attachment 7 - AECOM -Peer Review Letter REPORT NO.: PSD-067-09 PAGE 11 List of interested parties to be notified of Council's decision: Bryce Jordan, Sernas Associates Smooth Run Developments Brookfield Homes (Ontario) limited Hugh Allin Steve Wilson Cory Geddes Robert Macdonald Robert Fassen Helen Jones Rev. Robert Brouwer Ganaraska Region Conservation Authority Robert Craunstown. Jerry Reffosco Joanne Raymond Steve Holliday To Report PSD-067-0<, / . 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N C ~ C ~~ N C vL ~~ Q~ y ,ate S-C-2005-004 naa a uogs ie oarrsw : MUHIgPAUTY OF CIARINGTON (ctoaun~e morrow av ccwe~E romntr wu~a[ a Mausnp ~K r~~ ac augur _ _ To. Report PSD-087-09 .' . f ~~ ~• ` ~~, '~~ .. .,, ,.. .. ., ,. . . ~• . . ~ ~ , . ~~ ~,_,; .• .., .~ .,. ,. .._ ~ . .-- _ o .. i ~ ~/ • • -' •'~ ~ !~~~ 1 1 .r Foster Greek Watershed Greenlands System Limits of Foster Creek ' ~ ~" Sub Watershed Study Area ®Naturai core Area ®Ecological Restoration Area and Linkages ""'~ Corridors, Connections ;._.__:and Minor Core Areas Wooded Areas Stenlec Concufttng Ltd 361 Stwlhgete Drnre Guelph ON N1G 3M5 Tet(519)636.6050 Fax: (519)836-2493 St'8[11JEC.COn1 ~.. :~.,. .. s Stanfec~ October 11, 2006 File No. 160960242 Carlos. Salizar, Planner Municipality of Ctarington 40 Temperance Street Bowmanvill~ Ontario Dear Mr. Saliza~: ~->zacnment ~+ To Report PSD-067-09 Reference: North• Village Neighborhood Plan Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington At the request of Smooth Ruri Developments and Brookfield Homes we have completed a review of the recommendations of the Foster Creek Subwatershed Planning Study (Gartner Lee Limited and Greenlands International Consulting Inc. March 2001} as they apply.to the North Village Neighborhood Plan (the Subject Lands). This review was discussed at meetings earlier this year with Town Planning staff and members of the Ganaraska Region Conservation Authority. • Located north of the Village of Newcastle, the Subject Lands are bordered by the CPR railroad tracks to the south, Arthur Street to the east, Concession 3 to the north and Regional Road 17 to the west, and are owned by Smooth Run Developments and Brookfield Homes (the proponents). The Foster Creek Subwatershed Planning Study recommends that a substantial portion of the southern Subject Lands be. set aside as part of a Greenlands System, to allow for the re- opening or'dayiighting" of a buried tributary to Foster Creek, the naturalization of agricultural land and the creation of an ecological corridor between Foster Creek and Graham Creek wastersheds. The recommendation 3s not detailed but it appears from Figures that that the intent would be #o open the tributary through the entire North Village Neighborhood from the CPR tracks to Arthur Street (see pages 99-100 and Figures 11 and 13 in the subwatershed planning studyj. Starr6eC October 11, 2006 Page 2 of 7 Reference: North Village Neighborhood As was discussed at the meeting with Town and GRCA staff earlier this year, the proponents had some questions about this recommendation to °reopen"the northern tributary across the Subject Lands to connect the CPR railroad tracks with Site 14 west of Arthur Street. Specifically the questions with regard to this recommendation include: 1. What are the specific ecological watershed functions to be performed by the recommended measures? 2. What are the relative costs and benefits associated with the recommendation? 3. Is there an alternative approach that could provide substantially the same benefits at lower cost? The information below represents our answers to these questions. 1. Ecological watershed functions potentially addressed by re-opening the Northerly .Tributary. The subwatershed planning study apparently does not provide substantial ecological data from the eastern tributaries of Foster Creek that cross under the CPR tracks and through the existing village of Newcastle. Figure 10 in the subwatershed planning study indicates that flow and surface water sampling stations were established (SW6, SW9 ands SW10); along with Fisheries Habitat (H9) and Benthic Invertebrate (B6) stations. However, the version of the plan made available to me does not contain data for the water quality {Table 9), benthic stations (Table 10 and Appendix C-3 ), or fish habitat (Table 11). Natural vegetation on the North Village Neighborhood lands is limited. Figure 11 in the subwatershed planning study indicates that Site 15, made up of Polygon 62, is a meadow marsh dominated by reed canary grass. Field work by Stantec Consulting Ltd. conducted in 2006 indicates that this location is a grassed water-way constructed through a farm field, and that is occupied by a range of common grasses. There are wetter areas near the culverts and where grading has created small depressions, but the majority of the site is anthropogenic and does not represent a wetland community. The continuation of the grassed waterway upstream of Arthur- Street (polygon 63) is similar to the grassed waterway on the North Village Neighborhood lands, and appears to be more appropriately characterized in the subwatershed planning study as cultural meadow. Site 14, which. is east of Arthur Street is listed in the subwatershed planning study as a significant site (page 5~ and "a connection between the CPR railroad across to site 14" {page 58) is recognized as a possibility, although it is noted "existing farm buildings that will be affected and therefore will be difficult to achieve." Under the wildlife habitat discussion (pages 63 to 66) core habitats are identified at the mouth and headwaters of Foster Creek and it is concluded that the focus should be on maintenance and enhancement of these features with a second priority being maintaining the corridor of the main branch of Foster''s Creek that links these two features. . SterrbeC October 11, 2006 Page 3 of 7 Reference: North Village Neighborhood Site 14 is identified as being linked to the forest areas in Graham Creek and playing an important role in bird habitat functions in that watershed. The stated benefit of linking this area to the railroad corridor is to provide a "circular route" for wildlife movement, although, which wildlife species and how this route would enhance their habitat, are not specified. There is no mention in the subwatershed study of aquatic habitat benefits or stream hydrology benefits that might arise from re-opening or "daylighting" of the stream. This is despite the fact that the vast majority of creek daylighting projects undertaken are founded primiarily on stream hydrology and aquatic habita# benefits. Based on the limited information summarized above the ecological benefits of the recommendation to reopen the northern-most of the two eastern tributaries would appear to be limited to a third level wildlife habitat function vaguely described as a "circular route" or "multiple opportunities for wildlife movement". Given that daylighting streams can be an extrmely expensive undertaking this seems like insufficient justification of the recommendation. To further investigate the pofential benefits of re-opening the stream, aquatic habitat data was collected by Stantec Consulting Ltd. in July of 2006, for the area downstream of the North Village Neighborhood The following .is a summary of those 2006 observations. Eastern Tributary of Foster Creek The area upstream of Arthur Street and the proposed new channel site is currently under agricultural production (Photo A), over moderately hilly topography. The area downstream of Arthur Street proposed for daylighting is currently an agricultural grassed wateway with no defined channel due to the presence of a pipe that directs flow to the main stream channel further down the watershed. Examination of the stream channel where it daylights approximately 10 metres northeast of the railway tracks on the southern edge of the property revealed a small defrned channel approximately 15 cm wide, with a depth of 5 cm or less (Photo B). The water temperature .was measured at 15 degrees, many degrees below ambient air temperature, reflecting the bng residence time in the pipe under grassed waterway as well as possible groundwater contributions. Photo A -Agriculture upstream of Arthur Street $ta11bL'C October 11, 2006 Page 4 of 7 Reference: North Village Neighborhood On the south side of the CPR railroad tracks, the stream is a defined, diffuse channel with a narrow, but dense riparian buffer consisting of grasses, shrubs, large trees and wetland plants (Photo C). Instream vegetation consists of dense patches of watercress, grasses and algae. Substrate consists of approximately equal measures of cobble and gravel with some sand. From this point downstream through the Village of Newcastle towards its it's confluence with the main branch of Foster Creek, the stream has a similar character: a narrow but dense riparian buffer, and evidence of significant human impact, including often abundant in-stream litter and debris, sections where open-top corrugated steel pipes (CSP} function as the channel bottom, and concrete retaining wall structures. (Photos C and D). yet Photo B -Grassed waterway outlet Photo C- Downstream of CPR tracks Note diffuse channel, refuse and potential barriers to fish .movement. Note Corrugated steel pipe serving as. stream bottom (lower left ofphoto) •~Y'M~~r yV~V~`I I ~ ' YM~ ~Nn~/ October 11, 2006 Page 5 of 7 Reference: North V[Ilape Neighborhood Overall, the tributary downstream of the area proposed for daylighting provides low quality fisheries habitat due to the number of alterations, as well as the diffuse, shallow channel features. Creating an open channel upstream of this reach will not add sign cant value to the existing habitat, as fish passage is limited under regular low flow conditions. To the extent that the re-opening may result in some water quality changes compared to the piped flow, such as temperature increase and sediment load, the quality of habitat downstream could even degrade slightly. In summary, the watershed ecological functions that the proposed re-opening of the tributary and the naturalization of agricultural lands could enhance include: • Wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. • An increase in the amount of marginal fish habitat in the watershed. • An increase in the total amount of natural vegetation cover. 2. The relative costs and benefits associated with the recommendation Published experience in Canada and the United States (see for example Daylighting: New Life for buried streams. Richard Pinkham, Rocky Mountain Institute, 2000} indicates that the cost of dayl(ghting streams can range from less than $100 per foot to upwards of $1000 per foot, not including lands costs. Lower cost efforts tend to be characterized by volunteer labour, in kind contributions and simple stream systems with minimal grading required. From the Functional Servicing Plan for the North Village Neighbourhood plan it appears that approximately 600 m of stream could be subject to daylighting. Assuming that this is a reasonably simple system and applying a cost of $1600 per metre (roughly $500 per foot) the total cost could easily .approach $1,000,000, excluding the cost of the (and. Based on Figure 13 in the subwatershed planning study more than 10 hectares of otherwise developable land wound be lost on the North Village site alone, and a similar amount of land would be lost for future development east of Arthur Street. Reduction in developable area adds to per unit costs for. infrastructure and drives up the cost of servicing and maintaining Clarington's urban fabric affecting tax rates, house prices etc. Taking into account these types of indirect costs the total dollar cost of the proposed daylighting will be several millions of dollars spread out across landowners, the residents and the Municipality. Costs of this. magnitude can be justified if the resulting environmental benefits are similarly large and significant. The challenge is that often environmental benefits do not have a clear dollar value associated with them, and it can often be difficult to balance the costs and benefits. However a qualitative assessment of the relative value of the environmental benefits is often possible. !n the review above the following potential benefits were identified: • Enhanced wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. • An increase in the amount of marginal fish habitat in the watershed. • An increase in the total amount of natural vegetation cover. 571~11~C October 11, 2006 Page 6 of 7 Reference: North Village Neighborhood These potential benefits, while important at a local scale, will not result in not major impacts on the ecology of the subwatershed. On a relative basis it seems clear that the limited benefits do not justify the high costs. This is particularly true if similar, or even greater, watershed scale benefits could be achieved at lower costs. This is the issue addressed below. 3. Alternative approaches to achieve similar benefits at lower cost. Enhance wildlife movement between the Foster and Graham Croek corridors As noted on page 61, the majority of birds wildlife listed in the subwatershed study are adapted to "field, forest edge and urban fringe habitats" The same could be said of the mammal species encountered as the full range from short tailed shrew to deer are known to freQuent urban, semi-urban and agricultural landscapes. These species will readily move through semi- naturalized low maintenance vegetation found along linear features such as railroad tracks and through low maintenance areas of stormwater management ponds, parks, and open spaces. The south end of the proposed North Village Neighborhood includes all these uses backing on to the CPR railroad tracks. With some minormodifications aminimum 30 m strip of these low intensity low maintenance uses could be incorporated into the plan. This would provide an adequate mid-watershed movement corridor between Foster and Graham Creeks. Given that the corridor must cross Regional Road 17 and Arthur Street, it is, and will remain, a compromised corridor. To make a portion of the corridor 100 to 400 metres wide would not compensate far the constraints posed by the -road crossings, and would not add substantially to the function of the area. increase the amount of marginal fish habitat in the watershed. Overall, the tributary downstream of the area proposed for daylighting is moderately low quality habitat. Creating an open channel upstream of this reach will not add significant value to fish habitat in Foster Creek, and will only increase the amount of low to moderate quality habitat. A better approach would be to substantially improve the quality of existing habitat in the main branch of Foster Creek. Several examples of projects that would greatly exceed the benefit of the proposed day-lighting at much lower cost can be drawn from the subwatershed study discussion {see page numbers from. subwatershed study below for details}: • Increase buffering and riparian plantings in agricultural areas {page 46); , • Removal of debris and barriers throughout the main branch; • Increased habitat diversity in upper reaches (page 49); • Carp exclusion in the lower reaches of foster Creek (page 49). Additional .examples of lower cost higher benefit fish habitat enhancement could be developed in conjuction with the Conservation Authority Staff and other interested parties. One ecological function not addressed by the proposal to daylight the eastern tributary is the fact that the pipe underlying the grassed water way contributes relatively coo! baseftow to Foster Creek just upstream of the CPR tracks. This function should be preserved in the servicing of the proposed development. Cftr/}-~-V yIpV--1 l ~ . ' ~ VMY.W~I October 11, 2006 Page 7 of 7 Refereece: North Villags Neighborhood A bypass pipe should be included in the servicing concept to take the relatively cool and clean external flows from upstream of Arthur Street and bypass the stormwater management facilities associated with the proposed development, discharging downstream of the SWM outlets. This wilt prevent the. external flows from being warmed in proposed Pond E. Incn;ase the total amount of natural vegetation cover. Approximately 10 ha of development land would be set aside for naturalization under the approach recommended in the subwatershed study. This area would be in the middle of the• watershed isolated by Regional Roads railroads lines and adjacent urban development. A much greater ecological benefit could be realized- if the natural core areas at the confluence with Wilmot Creek and in the headwaters were enhanced. Approximately one hectare of relatively natural habitat, in the form of a 30 metre wide corridor along the CPR tracks would provide the .urban corridor required for the species encountered in the area between Foster and Graham Creeks, and the time effort and plant material that would have gone into the other nine hectares of corridor could be better invested in enhancing the core natural areas and improving riparian .habitat along the main branch of Foster Creek. ' !n summary, we have concluded that the costs of the proposed daylighting of the eastern tributary far outweigh the ecological benefids of the proposal. Much greater ecological benefits could be realized from enhancement of the core natural areas and fish habitat improvement works on the main branch of Faster Creek. A simple bypass of external water flows around North Village Neighborhood and provision of a 30 metre wide semi-natural corridor along the CPR tracks is the optimum balance point between costs and benefits. Sincerely, STANTEC CONSUL NG LTD. David Charlton, M.Sc., P.Ag. • Senior Principal, Environmental Management Tel: (519) 836-6050 Fax (519) 836-2493 dcharlton~stantec.com ~~;!ci r. LlM/TED environments! research assoaateg 22 Fisher Street, PO Box 280 Te1:905-833-1244 Fax:905-833-1255 Email: kingcity~lgl.com URL: www.lgl.com February Iii, 2008 Carlos Salazar, Planner The Municipality Of Clarington 4fl Temperance Street Bowmanville, Ontario Reference: North Village Neighbourhood Pian Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington Attachment 5 To Report PSD-067-09 LGL Limited (LGL) was retained by Smooth Run Developments and Brookfield Homes in July 2007 to provide advice respecting selected recommendations of the Foster Creek Subwatershed Planning Study, as they pertain to the (Newcastle) North Village Neighbourhood Plan area. Specifically, LGL was asked to provide opinion on: 1. the necessity for a wildlife conveyance corridor of 100 metres is width fo be developed abutting the CPR R.O.W.; and 2. the advisability of "daylighting" a buried (farm-tiled) tributary. Corollary to the daylighting issue is the matter of the study-recommended step to develop a wildlife conveyance feature centred on the re-developed watercourse, which would connect the previously noted 100 metre wide (enhanced rail R.O.W.) corridor with the watercourse; crossing at Arthur Street. In preparation of this letter, we visited the subject lands and adjacent areas (July - December, 2007} conferred with municipal and Conservation Authority staff (site meeting of December 14, 2007),.and reviewed the Subwatershed Study, relevant file correspondence, and planning figures as prepared by MBTW and Semas Associates.. In addition, LGL has reviewed literature sources that address the aforementioned wildlife issues. ' Of particular relevance are the Foster Creek Subwatershed Planning Study (Planning Study), and a letter dated October 11, 2006 from Stantec to the Municipality of Clarington, Attention Carlos Salazar, Planning (attached}. The former provides a vision for a greenway framework comprising cultural, naturalizing and remnant natural features, enhancements to such features, and new connecting corridors. This Planning Study also recommends exposing farm-tiled groundwater flows; Page '1 Municipality of Clarington LGL Limited North 1r/loge Neighbourhood Plan February20t?8~ _ w.~w .r. ~ww wwl.A /.~ ~Y.w w..Y.... w~ ~~r.iw- ~-~~4'.-~. - ..--. ~i~L~J _...a and in the case of the subject lands, creating a vegetated watercourse corridor between the enhanced CPR R.O.W. and Arthur Street. The Stantec letter of October 11, 2006 discusses the Planning Study in the context of landowner concerns, relating to the daylighting issue of the buried tributary (noted above) and the enhancement of the Raii R.O.W. corridor, and discusses the costs and benefits of the planning recommendation and recommends alternative approaches to those offered in the Planning Study. The two principal issues addressed by LGL are discussed as follows: 1. the necessity far a 10Q metre wide naturalization at the interface of the CPR R.O.W, and the North Village Neighboufiaod Plan Area, principally to enhance the conveyance of animals between the Foster and Graham Creek watersheds,. The Planning Study basis for the development of the greanway framework in general, and the above-noted enhancement in particular, is grounded in the science of landscape ecology and is built upon the premise that enhancing and connecting islands and corridors of green always provides a net benefit to plants and animals. Page 64 of the Planning Study identifies four terms used in the scientific discussion of connectivity and wildlife habitat. The introduction of these terms implies that any size criteria that are at variance with those will not qualify as a productive/sustainable feature. Additionally, it presumes that urbaNex- urban animals cannot and do not successfully enlist the services of anthropogenic features to travel between vegetated units within andlor adjacent to the built environment. Based on our knowledge of the literature and on our professional experience, it is fair to say that neither premise is accurate. Although the Planning Study provides a list of wildlife species encountered within the study area, there. is no detailed body of data. This is not unusual for this level of study; however, given the sweeping nature of the greenlands recommendations it would have been helpful. Of particular use would have been data respecting animal numbers in the areas proposed for enhancement. In the absence of this information, LGL undertook such focused studies to confirm the character of wildlife usage within and adjacent to the rail R.O.W. and also in the main branch corridors of Graham and Faster Creek watersheds. The. results of this work confirrried the presence of a.wide~variety of species (3 amphibians, 49 birds, 24 mammals, 4 reptiles), albeit in moderate to low numbers, with less diversity and lower numbers within the railway lands (2 amphibians, 31 birds, 15 mammals, 2 reptiles). The above numbers exclude migrant birds. The majority.of these species are urban tolerant and would be habituated to human presence. Urban subsidized species (gray squirrel, house mouse, Norway rat, raccoon and striped skunk) were prominent in numbers as were predatorial species such as deer mouse, coyote, red fox, American crow, blue jay, and common grackle (gray squirrel, raccoon and striped skunk also fit the second category). Virtually all of these species may be expected to persist through the development period and remain (or increase) in post development years. All of the above noted animals currently appear to be navigating Page 2 Municipality of Claringfon LGL Limited North ~!lage Neighbourhood Plan February 2008 .-... .. ... :.~...v ..n..... mu. .r.~e.wnrsr. n.r ww..+r ~.. ..+. r~.uu.iu rn .•.un .rv. nornurove. effortlessly within and between the watersheds utilizing cultural pathways, including the rail R.O.W. Although the provision of new green space outside of and paralleling the R.O.W. would benefit this situation, there is no apparent biological requirement for this change to maintain the current condition and there does not appear to be a significant. enough local population to warrant the size of a greenspace dedication as proposed in the Planning Study. Additionally, unless ariy green enhancement of {ands abutting the rail R.O.W. is fenced to exclude humans and companion animals, the disturbance factor will result in wildlife selecting the railway lands over the designed greenspace due to the familiarity and isolation of the former. The principal benefit of new greenspace would be to buffer the rail corridor for wildlife and to provide additional conveyance opportunities between watersheds for selected nocturnal moving species. A significant downside to attracting increased numbers of animals to transit between watersheds, regardless of the width of any future greenway, is the crossings they will have to make of Regional Road 17 and Arthur Street, both of which will carry significantly more traffic at build-out. Enticing greater numbers of relatively slow moving ground-based animals into traffic corridors is not sound urban wildlife management and can result in significant road safety issues for drivers. A setback width of 20 - 25 metres for the stormwater management feature {i.e. the "permanent pool") #rom the CPR property boundary is adequate to facilitate east/west conveyance of wildlife, and will suitably buffer wildl'rfe pathway functions within the railway lands. Wherever possible, the area between the rail lands and the ponds {including the "park block") should be planted in coniferous species {white spruce, red and white cedar and white pine) with occasional tall deciduous tree accents (burr and red oak). The interface zones of the greenway feature with Regional Road 17 and Arthur Street (15 - 20 metres) should be vegetated only in herbaceous cover; these areas should be cut at least twice yearly generally to increase visibility of roadside wildlife and to ensure animals crossing these roads do not break from cover in a manner which creates a road safety issue. The greenway unit should not include trails or other features that encourage residents to consider this area a recreational zone; signage in this regard may be necessary. . The greenway corridor should not be separated from the stormwater management area by fencing. 2. The advisability of "daylighting" a buried (farm-tiled) tributary. The Manning Study recommends "daylighting" a buried tributary on principle to recover riparian habitat and in the process provide a new wildlife movement corridor connecting northeast across Arthur Street to lands that currently are farmed or idle (plantation) and are not within the urban boundary. Munjcipalrfy of Clanngton North ~Ilage Neighbourhood Plan Page 3 LGL Limited February2008 ~''' The issue of exposing the- underground flow or maintaining it in an underground pipe for delivery to the creek channel at the .rail R.O.W, is discussed by Stantec, who recommend the later. We agree with Stantec on this matter. Specifically, it is Stantec's opinion that the daylighting of the tributary may result in_deleterious impacts on the watercourse, including temperature increase and sediment load.. Additionally, Stantec note that the Planning Study does not mention that aquatic habitat benefits or stream hydrology benefits will arise from the daylighting exercise, in spite of the fact that the majority of watercourse daylighting works are grounded principally on precisely these foundations. Notwithstanding these comments, we appreciate that delivery of groundwater in a buried fashion, however cool it may be, will not have a profound impact on the downstream thermal regime of Foster Creek. However, we, too, are of the opinion that taking the course of action proposed in. the Planning Study provides no apparent fisheries benefits and could be detrimental in the long run to down-gradient condtions (foreign substances washed into the watercourse and general warrnirig of groundwater). Secondly, and as recommended by Stantec, we agree that the piped groundwater should not be processed through the stormwater management system. In the event a third pipe option is exercised to collect groundwater within the development envelope, it is acceptable to combine the two sources. Lastly, it is our opinion that the Planning Study recommendation to design a tributary-based greenway between the enhanced rail R.O.W. and Arthur Street, across what is now a farm field, is something to be viewed as an example of urban wildlife mismanagement. Implementation of this plan undoubtedly will result in road traffic wildlife fatalities and significant road safety issues as Arthur Street is upgraded with development.. Secondly, encouraging wildlife to bop northeast onto third party lands in the hope that they will all turn southeast and return to the connecting rail corridor, in our opinion, is wishful thinking. In addition, it will increase wildlife numbers, including those species which come in conflict with humans, on lands to the east of Arthur Street, where they may not be appreciated by landowners. The above comments comprise the results of LGL's review of background natural heritage documents, the development proposal, discussions with Town staff, and site- specific investigations. These findings confirm that the Resource Management Objectives of the sub-watershed study generally will be met through.development as proposed. ' Sincerely, ~ ~~1,~ J. . Robert Nisbet . Senior Biologist Municipality of Clarington LGL Lim ted North Village Neighbourhood Plan February 2(?08 t ,~: ~~ - ..~#F -,;~, Attachment E To Report PSD-067-05 233 Huycke Street . . , Cobourg, Ontario CANADA K9A 5K8 • is 905-372-326'! ®:905-372-3281 environmental research associates ~: misbet I Lcom 9 ~: www.tgl.com Nead Otf~ce: 22 Fisher St, PA. Box 280, iGng City, Ontario CANADA 1.7B 1Ati t: 905.833-t244 ~;905.833-1255 ~; kin i I .com . ~ b@ 91 ®; www.lgl.can June 13, 2008 Sernas Associates 110 Scotia Court, Uriit 41 . Whitby, Ontario L1N 8Y7 Attention: Mr. Bryce Jordan . Re: North Village Neighbourhood Plan, .Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington Policy Implicafions of the Foster Creek Sub-Watershed Planning Study Ganaraska Conservation Comment Letter Dated Aprrl't, 21)08 Sent from Grr3g Wells (GRCA) to Lisa Backus (Clarrngton) Dear Bryce, At your direction, we have reviewed the above noted GRCA letter and herein offer our thoughts respecting the Conservation Authority's recommendations to the Municipality. Our comments are derived through consultation with LGL ecologists and fisheries. biologists who have experience in similar land use conversion exercises, and from a review of the research conducted by Stantec {letter of October 11, 2006 to the Municipality}. I_GL refers to the Stantec letter in our correspondence of February 15, 2008. The following comments are offered in order of page and paragraph position from the GRCA letter. 1. Page. one, Paragraph one: the first sentence refers to implementation of the measures and recommendations of the Foster Creek Subwatershed Planning Study (Study) as apre-requisite for development. Whereas this may be the intent of the Authority and the Municipality, in practice, implementation of all such measures and recommendations appears fragmentary and discretionary if the application in hand is an accurate example. We draw attention to the matter of day-lighting "buried tributaries." The Study notes that "eastern tributaries have been buried north of the CPR tracks" (Section 6.7.1, bullet {a)} and recommends in Section 6.7.2 (bullet (a)) to "bring the buried tributaries above ground" as an impact mitigation measure." Three such "tributaries" are found within the subject lands, yet only a portion of one of the three sub-terranian channels is requested by the Authority to beday-lighted. Using this example alone it is clear that implementation of the Study measures and recommendations in regard for development is approached neither in a compulsory nor a comprehensive fashion by the Authority and/or the Municipality; instead, flexibility apparently is exercised by one or bath bodies. It is this flexibility and discretionary decision-making that Stantec and LGL understood was in place when we made . our respective recommendations tothe landowners, 2. Page one,, Paragraph One: the fast sentence references restoration of a "buried tributary." The reference might better be worded a buried farm drainage channel for the following reason. We have no historical information regarding the pre-tiling of the surface drainage.period respecting the precise location or configuration of any original channel; although we agree, that current Established in 1971 ONTARIO • BRITISH COLUMBIA • NEIMFOUNDLANfl • ALASKA • TEXAS • WASHINGTON STATE Page 2 topographic conditions suggest it would be in this general area, at least from sometime in the late 18~' Century, and probably previous to forest clearing and settlement. It is likely that in the initial years after clearing (with the establishment of the roadway) that run-off flowed south along the east side of the roadway, or overtop of it during flood conditions: In our opinion, the .current location almost certainly is an artifact of farming practices, not nature; any day-lighting would comprise restoration of a cultural feature or potentially, the creation of a new surface drainage channel. This opinion is offered, in part, on the basis of our knowledge of 19~' Century farming practices. as are documented through the social science discipline of historical geography. 3. Page one, Paragraph two: This wording suggests that in the Au#hority's mind, the proposed Stormwater Management facility (and park), albeit reduced in width from the Study recommendation, comprise an enhancement of the existing rail R.O.W, corridor; and that they concede the Study recommendations (including the 100 metre width) need not be implemented, further reinforcing the point made above. Additionally, they agree that development of a wildlife corridor, as recommended through the Study, will result in an increased occurrence of wildlife fatality. 4. Page one, Paragraph three, sentence one: Mr. Well's notes no GRCA intent to link wildlife movement off-site by day-lighting the farm drainage channel; their purpose being to restore riparian habitat. LGL .does not attach any such intent, but rather provides opinion of what will happen by default if the corridor is created. Secondly, whereas it may not be the intent of the GRCA, it was clearly the intent of the Sub-watershed Study authors. Notwithstanding Mr. We!!'s comments, it is relevant to note that the day-lighting exercise proposed in the Study extends north only to the point where it can conveniently tum due east to link wi#h an off-site woodland. If wildlife connectivity wasn't the intent of the Study, and riparian habitat was, then why didn't the Study suggest continuing the day-lighting through the entire length of the drainage channel, to the point of the culvert crossing at Arthur Street, where the corridor walkway also could link with the sidewalk? 5. Page one, Paragraph three: The third sentence of this paragraph acknowledges that a buried water source will provide better "temperature regimes" than day-lighted conditions, although the tatter situation would be "acceptable" due to the cooling effects of riparian plantings. This issue was discussed at the site meeting in December when LGL noted.that even with extensive plantings it would take decades before surface water conditions receive significant relief from solar impacts. Mr: Wells and a farmer GRCA fisheries biologist were present.at this meeting and neither of these individuals (nor municipal staff) disagreed with LGL's observation. 6: Page one, Paragraph three, Sentence four. LGL's opinion remains at variance with that of the Authority on this issue. On the basis of frsheries benefits alone, we da not believe the mafter can be quantified to the extent that a winning opinion is identified, Both approaches have their benefits and these benefits will be somewhat neutralized as up-gradient flaws join the creek course south of the CPR corridor. However, it is clear to LGL that sedimentation is an issue for the construction period and the immediate post build-out years if the channel is day-lighted; the same is not the- . case if flaws are conveyed underground. Secondly, we agree that, over time, a naturalized channel design can create ben#hic invertebrate production and provision of alloct~thonous material; however, the quality and quantity of such production is dependent upon anthropogenic area use variables, which largely.are uncontrollable. These include higher wafer temperature regimes in the early years, and on-going impacts from adolescents and companion animals, which may be expected to frequent the watercourse banks and channel resulting in contaminant loading of the watercourse. On balance, we believe that in this case, there is no clear fisheries benefd to day- rvorm v~lrage Neighbourhood Plan, Part of Lot 27 and 28, Concession 2 ~I/age of Newcastle, Municipality of Clarington LGL Limited Policy implications of the Foster Creek Sub-Watershed Planning Study June 13, 2008 TA4573 Page 3 lighting versus maintenance of the status quo, albeit in a different channel location. Conversely, on the issue of the proposed greenway connection between the daylighted tributary con'idor and Arthur Street, LGL sees no such fisheries, aquatic habitat improvement. or terrestrial wildlife benefits. 7. Same paragraph, Pages one and two, Sentence five: This issue has been commented on above, . and we agree that cooling advantages of an underground delivery would be somewhat compromised when,blended with the flows emanating from stormwater management features. However, such adverse affects can and should be minimized through pond design, which ensures an appropriate stratification of the water column, and releases flows which are as cool as possible, therein, this measure is encouraged through the Sub-watershed Study (Page $9, Section 6.6.3(8), reducing the thermal impacts of pond waters on buried flows when they are blended south of the rail corridor. 8. Same paragraph (three), Page two, Sentences six and seven: The issue of "sediment loading" and uforeign substance" introduction is noted above. In addition, we recognize that (non:riparian) "surface flows will be captured and treated by stormwater management facilities prior to re- introduction to the (Foster Creek) system;" however, in open creek blocks through the construction period and beyond, the day-lighted reach wiA experience higher than average sediment loading than in a piped state, and will receive foreign substances {from above noted and other anthropogenic sources) irrespective of the "filtration capability of a naturalized vegetative buffer.' It is LGL's experience that even-with the best of mitigative measures, these issues will prevail with the creation of a surtace channel, but to a much lesser extent with a piped conveyance feature. 9. Page two, Firstfutl paragraph: Notwithstanding the above comments, and consistent with a focus on "aquatic habitat improvements" as noted in the GRCA letter, consideration should be given to any practical development of aday-lighted portion of this "tributary' where it transits public (ands andlor the stormwater management block. We trust these comments are of use to you in your o`n-going discussions with the Authority and the Town. Please do not hesitate to contact the undersigned for clarification of points addressed in this correspondence. Sincerely, Robert Nisbet Senior Wildlife Biologist LGL Limited c. Carlos Salazar, Municipality of Clarington Cynthia Strike, Municipality of Clarington Lisa Backus, Municipality of Clarington Greg Wells, GRCA Mark Peacock, GRCA Bruce Fischer, Metros Tom Albani, Metros Peter Schut, Brookfield Roslyn Hauser, Goodmans North Village Neighboufiood Plan, Part of Lot 2T and 28, Concession 2 LGL Limited Village of Newcastle, Municipality of Clarington June 13, 2008 Polley /mplications of the Foster Creek Sub-Watershed Plann/ng Study TA45T3 Attachment 7 To Report PSD-067-49 ~ AECOM AECOAII 300 - 300 Town Centre Boulevard, Markham, ON, Canada L3R 5Z8 T 505.477.13400 F 905.477.1458 www.aecom.com June 19, 2009 Mr. Dennis Hefferon South Tower, Royal Bank Plaza 200 Bay Street Suite 2600, P.O.. Box 185 Toronto, ON MSJ 2J4 . Dear Mr. Hefferon: Project Number: 111885 prepared at the request of counsel Re: North Newcastle Neighbourhood - Response to Peer Review of Foster Creek Subwatershed Study Recommendations AECOM has been requested by the Municipality of Clarington to assist with development issues within the Foster Creek Subwatershed. SpecificaAy, we were asked to review comments provided by Stantec Consulting Ltd. and LGL Limited directed. at two recommendations of the Foster Creek Subwatershed Planning Study (2001) as follows,: a} Sring the buried tributaries above ground (page 92}; b} Corridors at least 100 m in width (total} approximately centred on the main creek valley, plus one of the buried tributaries; and, c) Corridors of at least 100 m in width adjacent to the CPR and ClVR rail lines, east of Foster Creek, to prouide landscape connectivity among the .natural areas associated with the Graham Creek Subwatershed (page 97). AECOM was to provide our opinion with respec# to the Stantec and LGL comments. in addition, AECOM was asked to comment on the estimated cost involved in daylighting the tributary, and whether downstream enhancements are reasonable compensation for not undertaking the daylighting. In order to prepare this opinion, the following documents were reviewed: Gartner Lee Limited and Greenlands International Consulting Inc., 2001. Foster Creek Subwatershed Planing Study. Prepared for the Municipality of Clarington. Stantec Consulting. Ltd., October 11, 2006. Letter addressed to Carlos Salizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. r111i13 Juiet&09Jatr a~ak_~ rw»w.0ae) •• - ~- •• uirn~nrwi ~i u~k ~wnnF+cr nr rnuncoi Page 2 Mr. oe~nis tiefferen prepared at the request of counsel June 19, 2009 LGL Limited, February 15, 2008. Letter addressed to Carlos 5alizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. Peacock, Mark, 2008. Email addressed to Councillor C. Trim regarding North Vllage Neighbourhood Telephone conversation. MBTW - Watchorn Group and Semas, 2008. Neighbourhood Plan, North Village Neighbourhood. - A site visit was undertaken on June 95, 2009. Note that no rationale for serviang, stomiwater management or other documents that indicate how the Plan Intends to manage the unique groundwater conditions on this site, rior maintain- flow to the two un-named tributaries was provided as part of the scope of this review. Comments are therefore confined to the content of the two letters and the maintenance of the natural heritage functions on the site without specific reference to the servicing of the Neighbourhood Plan. 1, tJverview of the Recommendations X2001) The Foster Creek Subwatershed Planning Study (FCSPS), completed in 2001, benefited from advice from the Steering Committee and Public Information Centres and includes final editing from the Municipality of Clarington and Ganaraska and Region Conservation Authority. The Vision agreed upon was: `Yo maintain and enhance the health and quality of the Foster Creek Subwatershed and its ecosystem. These recommendations for the Greenlands System were confirmed as reflecting the achievement of that vision. When the FCSPS is read in its entirety, the point is made that natural heritage is in very short supply in this subwatershed. The valleys of the Wilmot and Graham Creeks are more robust and offer higher potential for natural heritage functions. (also known as ecosystem services) than the Foster Creek valley which has been subjected to intense agricultural activities. The comments in this fetter are focused on two tributaries to the Foster Creek that arise in the north- eastern comer of the watershed, pass through the Town of Newcastle and merge with the main channel just north of Durham Road 2 (formerly Highway 2). These headwater streams collect groundwater that has infiltrated. into the sand veneer in this portion of the watershed. The northern tributary has been modified through agricultural practices but passes into a restored wetland and plantation east of Arthur Street, providing connectivity via hedgerows to Nine-mile swamp, and to Site 14 (discussed below}, and to the Graham Creek via weak linkages along hedgerows and. the CPR. From Arthur Street to just north of the CPRaiI, a the drain conveys most of the .flow.. There is clear n „eesJ,Jun.,LOS IOWf~o..k_a. A~,.w.a«, i~ ~-ECC~M f •~- n--~,~,,,_~____. UIGUOtCU AI tlllS IF.,I111 F17~/ IN I:I IIIII~iWI Page 3 Mr. ~En~is wetferen prepared at the request of counsel June 19,2009 evidence of surface water flow early in the season, and the invert was. mapped as a wetland in the FCSPS. In early June 2009, ,much of the invert was ploughed and planted with wheat (in contrast to the corn in the upland area planted earlier in the season). A vertical drain is dearly evident in the invert part way down the swale. The overland. flows merge with the tiled flow within a small wooded ravine just north of the railroad. The tributary then passes into the Town of Newcastle where the ravine has been incorporated into the residential fabric as a complement to the landscaping and a wildlife refuge. The southern tributary arises in Site 14, is tiled to a wetland {a swamp thicket) adjacent to Arthur Street, then similarly, disappear; into file drainage, to emerge south of the CPR. The presence of watercress (Nasturtium o~cinaie} in both of the tributaries provides evidence of groundwater baseflows. The tributary was flowing at a rate of 1 Usec on June 15, at Arthur Street. The central issue surrounding. these tributaries concerns how best to manage these features within the. context of the development proposal in a manner that reflects the Vision of the FCSPS. 1.1 Site 1~t Based on the natural heritage inventory undertaken in 1999, Site 14, the forest and wetland complex located just east of Arthur Street was notable as it provided habitat for Sharp-shinned Hawk and Blade-and-White Warbler. These species are somewhat area sensitive, meaning that their success in breeding and rearing young is proportional to the size of the area in which they breed. Their occurrence was interpreted to be an indication that the proximity of Graham Creek to the east and the remnants of Nine-mile Swamp to the north were sufficient influence to attract these species. These species were not recorded elsewhere in the Subwatershed. Site 14 on its own, without the influence of these larger na#ive forests, would be unlikely to attract area sensitive species. In addition, Site 14 supports a colony of Early Coralroot (Coraliortliza t~da), a small, native orchid rarely recorded from Durham Region. The marsh dominated by Variegatetl Horsetail (Equisetum variegatuin) is also an unusual. feature restricted to sandy sites with high water tables. Other rare species are often associated with this type of marsh. It is an important recharge/discharge feature that contributes flow to the southern tributary that flows through the Town of Newcastle. On this basis, Site 14 was considered to be a significant feature that should be built into a connected Greenlands System, consistent with the Vision above, in order to maintain and enhance its unique contribution to the subwatershed. 1.2 Wildlife Corridors Principles of Landscape Ecology maintain that connectivity among patches of habitat greatly enhance natural heritage function. It is a case of a connected whole being more than a sum of its parts. The literature suggests that wider corridors provide a greater diversity of functions, and that when ••- ^• •• uir.~on~rn ai ma -oI~110Cf 1~T nnuneci Pape 4 Mr. Dennis liefleren ~ prepared at the request of counsel June 79, 2009 corridors achieve a minimum width of 100 metres, that these functions includq the provision of breeding habitat for a wider array of wildlife, and greater potential for plant diversity. There is no precise threshold that defines exactly where this enhancement of function .occurs, and it is related to the amount of natural area, proximity of natural areas to one another, and landforms. On this landscape that is lacking tableland forest outside of the valleylands, it is necessary to restore wide corridors in order to achieve the• enhancement reflected in the Vsion. Environment Canada (2004) speculates that "in urban environments it might be supposed that wider corridors would be required to provide the same level of function in the face of urban effects, assuming that target attributes might persist at al! in an urban matrix°. In this case, the agricultural landscape that presents a tow barrier to wildlife movement is being replaced by a residential matrix on a landscape framed by higher quality natural features in the Vlrlmot, Foster and Graham Creek valleys. This is a good example of a location in which wider. corridors are justified. In order to provide sufficient resources for plants and animals making use of the corridor, additional width will reduce edge effects and contribute to breeding and productive potential. Hence the recommendation for 100 metres for all corridors, with emphasis on the creation of an east-west connection between watersheds. In principle, overland connections between watersheds enhance natural heritage function in the same way. that trail systems and good road patterns enhance human settlements. It is recognized that the land is a finite resource and therefore natural heritage function is coupled with other suitable infrastructure where possible to achieve multiple objectives. The east-west railroads within the Foster Creek Subwatershed are obvious anchors for east-west wildlife corridors, however they fail to connect to Site 14. 1.3 t1n-named Tributaries As described above, the two unnamed tributaries arise on the till plain as the sand cap thins to the south. Both of them have been tiled between Arthur Street and the CPR (i.e., excavated followed by installation of a perforated. pipe and backfilling) In order to allow farmers to crass from one part of the field to the other unimpeded. However,• the tiling of the more northerly tributary has been less ineffective arxi a meadow marsh community has developed in the depression left over the buried watercourse. This ephemeral watercourse conveys water overland as well as through the tiles in the spring, but dries out in late spring or early summer when it conveys surtaoe water flow alone. Both tributaries connect across the railroad to downstream valley systems that have been incorporated into the• Newcastle Village fabric. The contribution to the downstream watercourses must be maintained, therefore a discussion in the subwatershed study considered opening both wa#ercourses within the development block and create a pathway of connectivity to the agricultural lands east of Arthur, and ultimately toward Site 14 and Graham Creek valley. in addition to a functional wildlife corridor, habitat that contributes to downstream Canadian fisheries waters would be enhanced in that it would contribute flow as well as conveyance of nutrients and provide habitat for benthic invertebrates. A desktop calculation of potential baseflow from the catchment west of Arthur Street based on broad assumptions, estimates an average annual ~»ie~_i~,n.~s.a~_m~~ o..t_~ n~aw.ax> ~ ttGl.OlYi „ „ .. _ rnr,~wrr~!r, w, IIrA, rP/711PQ7 A7 N/~I rf\Q OI r'aae s re ared at the re Mr. Dennis Hefferen p P quest of counsel June 19, 2409 baseflow1 of about 0.5 Usec (pluslminus 0.2 Usec) that is likely to range from 2 Uses in the spring to zero in summer. These flows would. be somewhat enhanced by storm runoff and accumulated flows from east of Arthur Street. There are many benefits of the open wateraaurse over the piped condition inGuding .attenuation of water quantity in storm events and reduction in flashy flows, removal of water- borne pollutants, creation of wildlife habitat, habitat for benthic invertebrates and contribution of nutrients to downstream fish habitat, aesthetics, and an array of ecosystem services associated with the riparian plantings designed to maintain cool water temperatures (i.e., reduction of heat sink effect, carbon storage and carbon sequestration.) In order to minimize the bss of development potential while realizing the benefits to natural heritage, oNy one tributary was recommended for daylighting in association with creating a pathway of connec6ivity toward Site 14 in spite of the potential to make a case for opening both of the watercourses. Daylighting the watercourse was expected to be no less expensive than the engineering required to collect the water and deliver it to the two watercourses, with the enhanced. benefit of creating the wildlife connection, attenuating storm flows and enhancing downstream aquatic habitat 1.4 Creating the Corridor The Greenlands System needs to be anchored to the valleylands of the Foster Creek, but in order to respond to the Vision, opportunities to enhance the natural heritage system must be identified. Given the: • Significance of Site 14 and need to connect this feature to the Greenlands System; • opportunity to create an inter-watershed connector parallel to the railroad; • Need to maintain water supply to the downstream tributaries; and, ~ Direction to enhance the natural heritage function; the opportunity to connect these features was identified, described in Section 7.1 and illustrated on Figure 13 of the FCSPS (Attachment 1). In order #o achieve these objectives, It is anticipated that the corridor be forested in order to provide the ecosystem services in terms of air quality, water quantity. control and psychological benefits for the residents. This approach supports the goal of the Official plan "to create an integrated and continuous system of natural areas" (Section 14.1) and supports the principle of Ecosystem Integrity (Section 3.2). 1.5 Planning for Sustainable Communities These recommendations were, made eight years ago. In the interval many muniapalities have undertaken Integrated Community Sustainability Plans or Environmental Management Ptans that establish goals for Environmental, SociallCultural and Economic Sustainability. The ecosystem services 1. Based on a contributing area of about 22 ha aril a post development infiltration of 110 mrn/annum, and atlowing for 25'Xr leakage to_ depth ~,„aes_,~,.,.,atla ,angenr,_ pur_n~.N ace, I A E C©I'~ ••- ~'--'- "'a---- uicua~cu ai tnr. iesuun~~ u. cuunvw Pages re tired at the re Mr. oennls riefferen P P quest Of counsel June 19,2009 that contribute to social and economic sustainability are important and quantifiable. A study undertaken by the Town of Oakville identified an annual environmental benefit of the urban forest to be $2.1 million with a canopy cover of 29°~. Various municipalities are seeking to substantially increase canopy cover to benefit from air quality improvements, carbon sequestration, carbon storage, heat island effect mitigation, psychological improvement for residents among many other positive effects for residents. Brantford is undertaking an increase in canopy cover to 40%. The City of Vaughan is targeting 40% justtfed by the threshold for air quality improvement, water quality improvement and benefits to wildlife habitat. The FCSPS reported that natural cover, including old fields and wetlands, is close to 20% within Foster Creek. Of that, 9°r6 is forest cover. Brantford estimates the contribution of its street trees to be around'5°~. therefore if the urban forest both existing and projected is inGuded, 14% forest cover may be obtainable within the Foster Creek Subwatershed post development. Forest cover in York Region and Durham Region (exGuding the urban forest) hovers around the 20% mark, more than twice that in the Foster Creek Subwatershed. Even if all of the restoration opportunities identified in the FCSPS on Figure 13 were implemented, the total would still fall below 20%. As a result the community wilt fail to benefit from the many valuable ecosystem services provided by the forest atone. , .The recommendation to daylight the tributary north of the railroad and restore the watercourse and a wildlife corridor will help to remedy the shortage in ecosystem services needed by the residents to maintain. a healthy community. ~,6 Sumrnary The recommendation of a wildlife corridor that links the three watersheds (Wilmot, Foster, and Graham), enhances connectivity to Site 14 and maintains and enhances the ecosystem function of the northern un-named tributary is justified in the context of the Vision for the FCSPS and the goals and principles of the Municipality of Clarington Official Plan. This review confirms that there is suffrcient merit in terms of enhanced ecosystem function to justify the consequences to the developable envelope in the North Newcastle Neighbourhood. . Further, in the context of designing sustainable communities, the existing forest canopy is less than half of that in York and Durham, and as a consequence', Clarington is not benefiting from the substantial economic and social, as well as environmental outcomes of a more robust natural heritage network, including the urban forest. Restoration efforts should in fact exceed those recommended in the FCSPS in order to achieve thresholds far effective pertormance of ecosystem. services. 2. Comments of the Peer Reviewers Smooth Run Developments and Brookfield Homes retained two consultants to provide opinions with respect to the recommendations provided above. ~111lIS Vur1&09 leer-aresk_purJwl.w.tlx~ AECOM weutnt:u ~~ ntt- ~reuure~~ u~ cntut~wt Pape 7 Mr. Dennls HeBen:n June 79, 2008 prepared at the request of counsel 2.1 Stantec Consulting Ltd., 2001: Safizar, Planner, Municipality Smooth Run Developments and Letter addressed to Carfos ~f Clarington at the request of Brookfield Homes. The comments provided by Stantec are discussed in the sections ident~ed.by the authors as follows. 2.1.1 Ecological Watershed Functions In general the Stantec description of Subwatershed is study generally accurate although it exaggerates the extent of the daylighting specifically recommended in the FCSPS. We disagree that the vegetation in Polygon 62 is no a wetland. At the time that it was assessed for the FCSPS, there were hydric soils present and the vegetation consisted of more than 50% wetland species and by definition that means it is a wetland and whether it is anthropogenic is not relevant. The Stantec observations of creeks is likely accurate and technically sound and seems to support the importance of this feature in contributing to downstream fish habitat. The buried tributary is currently providing this function not identified in the 2001 report. Stantec further comments that daylighting the tributary north of the .CPR railroad 'will not add signficant value to the existing habitat based solely on fish passage and further suggests that the quality of downstream habitat could degrade due to an increase in water temperature and sediment load. However, a properly designed natural channel in apost-development scenario should not suffer from an unusual sediment load, and creeks require a certain bedload to remain healthy and viable. The temperature issue can be easily rectified through dense riparian plantings. On June 15, 2009, watercress, an indicator of cold groundwater discharge, was abundant in full sun at the exposed file drains at Arthur Street and also occurred throughout the Yllage. in addition, the benefits of daylighting and restoring a natural channel connected to a floodplain include reduced potential for flash flows and nanoff velocities that contribute to erasion along the tributary (Brooke 2007). Further, air, vegetation, and soil mare likely to absorb water-home pollutants in an open channel as opposed to conveyance in a sewer pipe (City of Redwood 2006). Stantec correctly identifies the ecological benefits of daylighting and associated naturalization of creek side as: Wildlife movement between the Foster and Graham Creek corridors for unspec~ed wildlife species. + ~An increease in the amount of marginal fish habitat in the watershed. • An incmase in the total amount of natural vegetation cover. We note thaf the connectivity to Wilmot Creek and to Site 14 should be inGuded in this fist. Further, the exponential response of wildlife in terms of potential breeding habitat to the increase in natural Dover at this scale has not been identified. No contusion is .provided on the intrinsic importance of these functions nor their value in an ecosystem services context. ~111lt5_I,Jur1Y0B fatw_maak_pea_twirw.doe) - ~ ~ ~ •~~+~"• vravar car a~ urc rruur:ar ur r.rnnra~r Page 8 ' Mr, Dennis Hefferen June 19, 2U09 prepared at the request of counsel 2.1.2 Costs and Benefits The Stantec discussion proceeds to make the case that daylighting the tributary is expensive while failing to place this contusion into context. We agree with this assessment in that restoration of ecosystem function is often expensive, but needs to be .evacuated in terms of the net gain to environmental, social and economic parameters of community planning. Evidence is provided by Stantec from one American source that seems to suggest that the total cost of restoring the natural watercourse °could easily approach $1,000,000.' However, no estimate of the cost of the engineering required to excavate the existing the drains (it cannot remain in situ), and replace the watercourse with some type of groundwater collection system (foundation drain collector or 'third pipe' system) that will maintain flow to the.two tributaries south of the railroad. A proposal for an additional by-pass pipe to take water from upstream of Arthur Street around the stormwater management facilities, discharging downstream is mentioned which may or may not be a separate system with additional costs. We are unaware if there is a report available that details how the development will achieve these engineering requirements, but this will be an expensive undertaking with many costs that overlap with, and may exceed, that of daylighting. It is our experience that when faced with an option to bio-engineer a solution {e.g., natural channel, design), as opposed to hard engineering (pipes that will require future maintenance), the costs of bioengineering are comparatively low. In addition, the proposed piping project (including routing water from Arthur Street around the SWMP) will have a greater length (following roadways and not topography) and -both projects will be undertaken in sloppy soils with a high water table. There.will be a greater cost to construct in these saturated soils with corresponding dewatering issues. A solution that requires less excavation with less interference with groundwater conditions reduces costs. Based on advice from clients who have undertaken natural channel design, estimates for restoration of the northern connector to Arthur Street (Figure 13j range between $1;400 to $2,000 a metre which compares well with Stantec's estimate of $1,600. By our calculation, the total costs translate approximately to $700k to $1,OOOk based oh our experience, or $800k according to Stantec. These estimates are for sophisticated natural channel designs that handle considerable flow. In the case of this project, the flows are low, therefore intensive design and engineering will na# be required. This is more of a grading and planting project and therefore the costs are highly unlikely to escalate to seven figures. With respect to the casts associated with the design. and construction of a piped alterative, we are unable to develop an accurate estimate without first obtaining additional information regarding the proposed minor and major drainage systems that would convey the external flows to the downstream reaches of the Foster Creek tributary {i.e., south of the CPR tracks). We believe that a detailed estimate that reflects these costs of a piped alterative should. be provided by the developer prior to rejecting the recommendation to daylight the tributary based simply on the notion that it would be prohibitively costly. Stantec also estimates that 10 ha within the North Vllage site would be lost which appears fo be the total of all of the corridor, daylighting and the interior restoration potential shown in green. This figure (11 tlBfi I,~wt9-0Y1w~ art_paa_rwbw.aoc) ~ A~~LIM ,., .. .. vreua,eu as ales IClL1ei ~1 u, ,.uunw~u Peas 9 .prepared at the request of counsel Mr. Dennis Hefferen June 19, 2008 is high as the interior polygon is not part of the recommended Greenlands System, but rather constitutes a restoration opportunity. in extrapolating the costs of the restoration, no mention is-made of the potential to charge more for ,houses that bads on to greenspace, or for houses in neighbourhoods well serviced by natural areas. Natural England's Accessible Natural Greenspace Standard (2008) recommends #hat each home,. at a minimum, should be within 300 m of an accessible natural green space of at least two hectares (ha). In addition, each home should also have access to: • At least one accessible 20 ha site within two km; • At least one accessible 100 ha site within five km; ~ _ , • At least one accessible 500 ha site within 10 km; • Natural England also recommends that at least two ha of accessible natural green space be provided for every 1000 population.; and in doing so the value of the properties are enhanced and the communities benefit from the ecosystem services provided; by the natural areas. Stantec acknowledges that these services are difficult to calculate; nevertheless they are real and should not be dismissed. Stantec goes on to conGude that the °potential benefits...will not result in not (sic) major impacts on the ecology of the subwatershed° without evaluating what those impacts might be. 2.1.3 Alternative Approaches We do not fully agree that the costs are as high as suggested and that the benefits an; as tow as stated by Stantec. However, there are many options in ecosystem design to achieve the desired outcome. In this case, the desired outcomes include: - The east-west wildlife corridor from Wilmot Creek to Graham Creek, - Connectivity with Site 14, - Maintenance of ecosystem function for the buried tributaries and - A contribution to the increase in forest cover within the Foster Creek subwatershed to recover lost ecosystem services. Stantec proposes other alternative approaches to ecological enhancements: 1. Alternate proposal to wildlife corridor between Foster and Graham Creek corridors. 2. Increase amount of marginal fish habitat in the watershed. 3. Increase the total amount of .natural vegetation cover (by repladng most of 10 ha naturalized areas that would be in North Vllage Neighbourhood Plan (under FCSPS) with 10 ha elsewhere). It is not clear whether these are proposed to be undertaken in concert, or whether they are mutually exclusive. u10001 OY 4l UIG ILU UCai ul 4VllilaGl Page to Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel In an effort to evaluate these proposals we have prepared a matrix that provides comment on their ability to satisfy the desired outcomes (Table 1)t Tabte 1 Analysts of Alternative Proposals (Stantr3cj ~• -, _ .. .. i The east-west wildlife Reduce to 30 m; barriers to Not applicable 1 ha of relatively natural habitat corridor hom Wilmot movement remain. Creek to Graham Needs to be extended to Wilmot Creek Creek however this is outside of the Villa e N hbourhood. Connsctlvlty with Slte No connecdvlty Not applicable No U Maintenance of No Water contribution expected to Not applicable ecosystem function be maintained; thermal regime for the buried cool tributaries Increase In forest Marginal Marplnal? Enhance Dore nadrrai areas and cover riparian habitat abng main branch ' by 9 ha but trees are not sti ulated. Addidonal Comment The resulting narrow corridor All of these actions appear to Suggested Isolation is will concentrate wildlife loser to be stewardship inltlatlves and exaggerated as wildlife the rail corridor with expected occur on other owners underpasses and fencing can wildlife fatalities and rail noise propertles. Carp exclusion is improve permeabAity. Interference however no very expensive and not Riparian habitat along the main. documentation of the recommended, branch may be achieved through slgnlficance of this effect is other planning lnitlatlves. Sirategk: available. Need to confirm that addition of 9 ha to core areas will reiiroad does not require a contribute Important benefits but la er berm. ownershi is an issue. A review of the table suggests that if all of these initiatives were undertaken, that a minimum of wildlife movement would be preserved across the watersheds, water would continue to flow in the tribt.ltaries, and natural cover might be increased with the cooperation of non-partiapating landowners. The disadvantage is that connectivity. would not be enhanced for Site 14, the potential to increase breeding habitat for area sensitive forest birds will be lost, the benefits of the rehabilitation of a natural watercourse will not be realized and recovery of threshold ecosystem services for the residents will not be addressed. Most of the stewardship actions suggested occur outside of the North Vllage Neighbourhood which wilt require creative implementation plans to ensure that they occur and the timing of the projects relative to the schedule for development oouki bean issue. A recurring theme that implies that the wildlife community is urban tolerant and therefore does not require management is erroneous. The wildlife community is not all urban tolerant (e.g., Black-and- white Warbler]-and it is for these more sensitive species that ecosystem design has more to offer. Typical planning for natural heritage systems. has done little to take into account the management of urban tolerant wildlife communities. To say that they are urban tolerant is to say that they forage in the garbage cans and feast at feeders. More thought needs to go in to what constitutes sufficient natural area for healthy wildlife populations that are self limiting, and that can support the predators required to create sustainable natural communities. ~ttt~ I~uw19{W_lo~tx nnak_peaJN+~.tlocl AECOM _ _ .. _. YIVVYIYY 4\ \I \ii ,\iV VGJ\ VI VVYI1001 Page ~~ prepared at the request of counsel Mr. Dennls HeBeren June 19, 20D9 2.2 LGL Limited, 20U8. Letter addressed to Carlos Satizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. The .LGL letter references the Stantec letter then proceeds to provide additional discussion on the same themes. 2.2.1 Animal Conveyance LGL is incorrect in stating that defining concepts of landscape ecology that indude corridors, core habitat, connectors and linkages 'implies that any sire crilerra that am al variance with those will not qualify as a pnxluctive/sustainab/e feature" and that "urban/exurban animals cannot and do not successfully enlist fhe services of anlhropogenic fealur~es" .The reason for defining these terms is to enlighten the reader with respect to how they are used in this report. The saerice of landscape ecology is relatively young, and terms are defined differently by different authors. We totally agree that neither of these premises are accurate, and they are not at all intended by this report. It is ironic that LGL goes on to criticize the FCSPS for lack of detailed data, then goes on to provide ambiguous data with no species, no dates (although it appears that data were all collected outside of breeding dates according to the statement that the area was visited July to December 2007 and without acceptable protocols). The fact tha# a wide variety of spaces were necorded is not at variance with the FCSPS. The author again evaluates these spaces in the context of what they are able to tolerate, rather than what constitutes appropriate habitat, and how these animals can be expected to be managed into the future on a landscape with so little cover, where even with the ufian forest, the cover is less than a third of recommended thresholds. It is not Gear how the numbers of spaces recorded from portions of the watershed that are not specified,,assists in the .recommendation for the need for a corridor. The Subwatershed study had sufficient information for this and inGuded ecosystem function well beyond simple lists of species. The suggestion that .the wildlife corridor area should be separate from humaNpet used areas is appropriate, but that both could be present (wildlife south, people north) in overall 60 to 100 m wide area. We also agree that road crossings are an issue however underpasses and wildlife funnel fencing as mentioned earlier would in large part address this ,issue. Although .LGL recommends. meadows adjacent to roads they are not needed if underpasses and wildlife fencing are implemented. We disagree with LGL in recommending the planting of mainly conifers, especially as White Spruce and Red Cedar are not often found naturally .in the region. The rationale is not provided. A mix of native spaces, shrubs and trees native to area is preferred_ 2.2.2 Daylighting Buried Tributary LGL incorrectly suggests that Stantec implies there might only be negative impacts to watercoun~e (temperature increase and sediment load), but neglects to mention that Stantec more strongly mentions the potential benefits. It is true that the subwa#ershed study does not clearly mention ,,,,~ ~Juro,&aB ~\.,~ n..l~aw,~iaw.am~ ~ C AECOM - MIVM4.VY V\ 111V IVV VV V4 V1 VV VIIV VI P~iQe t2 prepared at the request of counsel Mr. Dennis Hefferen June a9, 2009 aquatic benefits of daylighting. It may wel! be that most daylighting projects are founded on improvements to aquatic habitat, but this one is focused on many other ecosystem functions, of which aquatic habitat is only one. AECOM does not understand why LGL considers that increasing the contribution of nutrients to downstream fish habitat, improving water chemistry, maintaining the thermal regime through maintenance of groundwater infiltration, riparian plantings and attenuation of storm flows °provides no apparent fisheries benefrts and could be detrimental in the tong run to down-gradient conditions°. LGL Hates that there ~ is potential for °fonsign substances [to beJ washed into the waferiourse and general warming of groundwater" both of which can be mitigated. AECOM does not agree that benefits are limited to fish habitat, nor that daylighting the tributary will have a deleterious effect on downstream conditions. The issue of piped groundwater is dealt with in Section 2.1.2 above. The plan to create corridors and wildlife linkages is not based on any one attribute. Providing a relatively wide corridor that can be shared with residents is a good way to keep the wildlife off of the streets, although we recognize that crossings are inevitable. For that reason, during the development process consultants for the development industry can be expected to make reasonable recommendations to mitigate for road kill and road safety issues in the form of state-of-the-art wildlife underpasses and fencing. A considerable body of science is devoted to increasing the permeability of the landscape for wildlife of all descriptions. The Greenlands System was recommended based on an ecosystem approach that considered the need for many species of wildlife, as well as the maintenance of other ecosystem services. It is not wildlife mismanagement. 2.2.3 North Village Neighbourhood: Neighbourhood Plan (2008} The development plan proposes to locate two stormwater management blocks north of the railroad alignment.. LGL suggests that there will be a setback from the CPR lands of 20 to 25 m but does not provide a rationale for the functionality of this minimal setback. This suggestion is not reflected in the May 2009 drawing, which shows the constructed ponds immediately adjacent to the property line with no provision for a terrestrial wildlife corridor. In this configuration, the ponds will provide little to no cover for wildlife passage, fails to increase natural cover the subwatershed through the creation of a wide wildlife corridor and there is no indication of how water will be delivered to the two downstream catchments. The current plan does not satisfy the objectives or recommendations of the FCSPS. It appears that LGL did .not have the current stormwater plan on which to base comments and therefore they are not relevant. (111JIB5_11uM19-G9 bWf-cn4l~pnr_r~rMw.d°c) J AECOM r ~r V,VV V• •„V •VYV VVI VI VV YIIV VI Page 13 Mr. Dennis Hefferen June 18, 2009 prepared at the request of counsel 3. . Conclusions After a careful review by a team of senior and intermediate biologists, engineers and senior hydrogeologist, AECOM confirms that the recommendations contained within the FCSPS with respect to landscape connectivity and a preferred treatment of daylighting the buried tributary are justified in the context of the Vsion for the Foster Creek Subwatershed. However, #here is always more than one solution to improve ecosystem function and Stantec offered some suggestions that are worth considering. At issue is the fact that the key outcomes have not been achieved by their recommended alternative enhancements. The Consultant for the development community should reconsider appropriate methods to achieve the following outcomes: Create an enhanced east-west wildlife corridor from Wilmot Creek to Graham Creek to facilitate wildlife and human movement, ~ Enhance connectivity with Site 14, • Enhance ecosystem function for both buried tributaries and the downstream corridors; and, Increase forest cover within the Foster Creek Subwatershed to recover lost ecosystem services based on a defensible rationale Note that the reforestation of all of the restoration opportunities identified in Figure 13 constitutes only 4% of the watershed. The restoration and maintenance of wide corridors will not only contribute to the forest cover, they will enhance habitat for area sensitive species, increase connectivity with Site 14, and increase the thermal regulation for the buried tributaries. If these outcomes can be achieved in another way the consultants should be encouraged to submit an alternative, design for consideration of the Conservation Authority and the Municipality. Most of the alternatives offered occur outside of the North ~Ilage Neighbourhood lands and will require commitments from the Municipality, non-participating landowners and the developer of the North Wage Neighbourhood who would contribute funds to buying lands near the care natural areas as compensation for not following Greenlands System. These are significant commitments when compared to finding a solution within the North Village Neighbourhood lands, where the restoration of ecosystem services would benefrt that emerging community and complement the existing Town of Newcastle. ' Regarding the costs for daylighting the tributary, AECOM and 5tantec are more or less in agreement that $1600 a metre is reasonable. This significance of this cost cannot be evaluated out of the context of servicing and maintaining ecosystem function across the block. There is no comparison of the cost to engineer the solution, which is expected to exceed that of the naturalization. PBQe 14 re ared at the re Mr. Dennis Hefleren P P quest of counsel June 19,2009 In conclusion, it is our hope that we have responded to your concerns to the best of our ability with the documentation available to us at this time. Please call me to discuss further. Thank you for asking us to provide this service to the Municipality. Sincerely, AECOM Canada Ltd. ~~.,Qll~~~r- Dale Leadbeater, B.Sc., B.Ed. Senior Biologist dale.leadbeater~aecom.com References Brooke R. Smith, 2007, Assessing the Feasibility of Creek Daylighting in San Franciso, Part 1: A synthesis of Lessons Learned from Existing Urban Daylighting Projects City of Redwood, California, General Plan -Conservation Element Environment Canada, 2004, Haw Much Habitat is Enough? A Framework for Guiding Habitat Rehabilitation in Great Lakes Areas of Concern {Second Edition) .Attachment 1 (71116'~IJwr194i roYr er~elL prr nvww.doc) Figure 13. , The Greeniands System (Foster Creek 5ubwatershed Planning Study, 2001} Unfinished Business #2 Excerpt of General Purpose and Administration Committee Minutes March 29, 2010 DIRECT ELECTION OF REGIONAL CHAIR -RECALL MECHANISM Resolution #GPA-228-10 Moved by Councillor Foster, seconded by Councillor Woo WHEREAS the position of Regional Chair for the Region of Durham will not be subject to an election at large in the October 25th, 2010 Municipal Election; WHEREAS the position will be appointed for at least the 2010-2014 term; and WHEREAS Durham Region's Procedural By-law is silent on the issue of Durham Region's Council's ability to recall the Regional Chair; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request that the Region of Durham amend its Procedural By-law to assure accountability of any appointed Regional Chair by providing Durham Region Council with an appropriate recall mechanism and that this motion be forwarded to Durham Region Council and Durham Region Municipalities for endorsement. MOTION TABLED (See following motion) Resolution #GPA-229-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the foregoing resolution GPA-228-10 regarding a recall mechanism of appointment of Regional Chair be tabled until the Council Meeting of April 12, 2010. CARRIED SUMMARY OF BY-LAWS April 12,. 2010 BY-LAWS 2010-026 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (F & I Gateway Investments Inc.) (Item 3 of Report #1) 2010-027 Being a by-law to adopt Amendment No. 71 to the Clarington Official Plan (Item 4 of Report #1) 2010-028 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Courtice Woods Inc.) (Item 4 of Report #1) 2010-029 Being a By-law to authorize entering into an Agreement with the Owner(s) of the Draft Plan of Subdivision S-C-2003-001, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of S-C-2003-001 (Item 4 of Report #1) 2010-030 Being a by-law to adopt Amendment No. 72 to the Clarington Official Plan (Item 6 of Report #1) 2010-031 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Nancy Mallette) (Item 6 of Report #1) 2010-032 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Dominick Forsellino) (Item 13 of Report#1) 2010-033 Being a By-law to provide for reduced hours of voting in institutions and retirement homes on Voting Day (Item 14 of Report #1) 20.10-034 Being a By-law to amend By-law 2007-227, to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees (Item 15 of Report #1) 2010-035 Being a By-law to authorize a contract between the .Corporation of the Municipality of Clarington and Pencon Construction Canada Corp., Toronto, Ontario to enter into agreement for the Sidewalk Rehabilitation, Various Locations (Item 16 of Report #1) Summary of By-laws - 2 - April 12, 2010 2010-036 Being a By-law to authorize the execution by the Mayor and Clerk of an Agreement between the Corporation of the Municipality of Clarington and Kobes Nursery Wholesale Hampton, Ontario for the installation of the dry hydrant and drawing of water from pond at 6878 Regional Road 57, Hampton, Ontario (Item 17 of Report #1) 2010-037 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Gerr Construction Limited, Courtice, Ontario, to enter into agreement for the Renovations for the Darlington Sports Centre (Staff Report #1) 2010-038 Being a By-law to amend By-law 84-63, the Comprehensive Zoning by-law for the Corporation of the former Town of Newcastle (Prestonvale Road Land Corporation) (Staff Report #3) HANDOUTS/CIRCULATIONS COUNCIL 1' ~r~ n Leading the Way MEMO TO: Mayor Abernethy and Members of Council FROM: Patti Barrie, Municipal Clerk DATE: .April 8, 2010 RE: 2010 MUNICIPAL ELECTIONS -SPECIAL VOTING LOCATIONS Item 14 of Report #1 for the April 12, 2010 Council meeting recommends the hours of voting in institutions and retirements homes on Voting Day. In further discussions with Lakeridge Health Bowmanville, it has been determined that the hours of voting for the long-term care residents should be expanded from two to three hours. Accordingly, I would ask that Item 14 of Report #1 be pulled and amended to reflect voting hours of 1~6H.~a.m to 1:00 p.m. at Lakeridge Health Bowmanville. '10'~PR09 Fri 4~32~4? • arm n Leading the Way MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: April 9, 2010 Subject: COUNCIL AGENDA -APRIL 12, 2010 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE Correspondence for Direction D - 6 I have been advised by Councillor Robinson that the request from the Newcastle BIA is for the issuance of a permit to allow for the setting off of fireworks for their Pre-Canada Day event. I would recommend that the request be approved provided that the applicants apply for and obtain a Fire Works Permit from the Municipal Clerk's Department. D - 7 Debra Lefebvre, RN, MPA, Executive Director, Buy-A-Net Malaria Prevention Group, forwarding a copy of the proclamation passed by the City of Kingston in recognition of "V1/orld Malaria Day"; a day to spur greater citizen and corporate involvement in the fight against malaria, the leading killer of children in Africa; and, hoping that the Municipality will also recognize "World Malaria Day" on April 25, 2010. (Motion to Proclaim) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE 2 D - 8 Frank Markel, PhD, President and Chief Executive Officer, Trillium Gift of Life Network, advising that April 18 to 25, 2010, is "National Organ and Tissue Donation Awareness Week"; indicating there are currently 1,600 people on the waiting list for life saving organ and tissue transplants in Ontario; and, requesting Council's assistance in raising public awareness in the help to save lives by proclaiming April 18 to 25, 2010, as "National Organ and Tissue Donation Awareness Week" and granting permission to flying the Gift of Life Flag. (Motion to Proclaim and permission granted to fly the Gift of Life flag at the .Municipal Administrative Centre) Qom. Patti L. Barrie, O D Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS April 12, 2010 a) Louis Bertrand -Report CLD-004-10 -Urban "Backyard" Chicken Farming (Item 12 of Report #1) • nno ME arm. n J eading the Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: April 12, 2010 Subject: COUNCIL AGENDA -APRIL 12, 2010 Please be advised of the following regarding tonight's meeting: CORRESPONDENCE Correspondence for Direction D - 9 Emily Pillinger, thanking Members of Council and staff for their time in reviewing the reports regarding backyard chickens; indicating that since Report CLD-004-10 was prepared, the City of Vancouver has legalized urban backyard hens; that charges against residents of Calgary for keeping urban chickens in residential yards were dropped because of the United Nation's basic fundamental right of World's Citizens to have access to healthy, wholesome foods; and, indicating governments have an international obligation to provide an enabling environment for people to feed themselves. (Motion to advise of Council's decision regarding Report CLD-004-10) D - 10 Adrian Brookes advising of an experience he had at the Newcastle marina several years ago in which he was requested to leave the property when looking for boats for sale as the marina was private property; indicating that silt build-up is not an unknown risk when buying or operating a marina or boat; and requesting that no li funds be used for marina dredging. (Motion to advise of Council's decision ,~ regarding Report PSD-042-10) Patti L. Barrie, CMO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1G 3A6 T yu5-b13-Baia r au~-o~3-0~~0 • ar.~n n Leading the Way MEMO TO: Mayor Abernethy & Members of Council FROM: Faye Langmaid, Acting Director, Planning Services Department DATE: April 12, 2010 RE: PSD-036-10 Newcastle Shoppers Drug Mart Setbacks File No.: ZBA 2009-0018 As was heard from the delegations at the General Purpose and Administration Meeting on Monday, March 29th, 2010, the developer of the Shoppers Drug Mart and the neighbouring dentist (Dr. Boris Kostiuk) have reached an understanding related to the location/orientation of the proposed building within the site. The proposed retail commercial building will be setback approximately 1.25 metres from their shared property boundaries. In light of this private agreement between neighbours, Staff were asked to consider whether the proposed Zoning By-law amendment should be revised to acknowledge this matter. It is Staff s opinion that revising the Zoning By-law amendment to include a 1.25 metre interior side yard setback is not warranted as it will not appreciably benefit the downtown nor will it contribute to an improved urban design of the King Avenue streetscape. In addition, Zoning By-laws carry with the land and for a long period of time. The Zoning By-law amendment recommended by the Committee should remain as originally drafted. The setback can be as agreed upon between the neighbours. As was noted within Section 10.5 of Report PSD-036-10, the Municipality has no objection to the reduction of the interior side yard setback to 0 metres. A 0 metre interior side yard setback is a common occurrence in downtown areas with buildings often sharing common walls along shared property boundaries. From an urban design perspective, the heritage downtown of the Village of Newcastle would be further reinforced by a 0 metre setback. With or without the 1.25 metre setback Dr. Kostiuk's property (including parking, drive aisles and storm drainage) will continue to function in the same manner that it does today. The principle difference presented by the proposed 1.25 metre setback of the Shoppers Drug Mart building will be to pr vide the visual perception that Dr. Kostiuk's side yard and rear yard are larger. ay Lan m i ,Acting Director I nning Se ices Department PW/av Cc: Frank Wu, C.A.O. Patti L. Barrie, Municipal Clerk Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 ~~ Leading the Way ~i~~~r~i2 ~lia:~5:o1; MEMO TO: Mayor and Members of Council FROM: Faye Langmaid, Acting Director, Planning Services Department DATE: 12 April 2010 RE: Addendum 2 to PSD-067-09 File Nos.: PLN 31.5.10, COPA 2005-008, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 At a meeting held on June 29, 2009, Council tabled report PSD-067-09 to September 14, 2009. The report recommended that the Municipality take the position that the Neighbourhood Design Plan for the North Newcastle Village neighbourhood and the related development applications must incorporate "a restored, naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood". An Addendum report was presented to Committee on September 14 and tabled to October 26. In October it was further tabled until to the first Council meeting of 2010. In January it was tabled to April 12, 2010. In the fall of 2009 the applicant's presented staff a concept that proposed to relocate and daylight a portion of the northern tributary. The concept would continue to pipe the tributary from the point it crosses Arthur Street southerly along the west boundary of Arthur Street to the vicinity of the southern tributary. From this point the northern tributary would be daylighted in an east -west direction to the mid-point of the property where it then runs south to the railway. This concept has not been formalized and an official revision has not been submitted at this time. Discussions with Metrus Developments confirmed that their priority remains obtaining Final approval and registration of their subdivision application in the Brookhill Neighbourhood of Bowmanville, and both Metrus and the Municipality's staff have been working to this end. Given the current status of the applications in North Newcastle, the solicitor for Smooth Run Developments and Brookfield Homes contacted the municipal solicitor in March to re- schedule dates for a future pre-hearing for the subject appeals. Through those discussions the Ontario Municipal Board has re-scheduled the pre-hearing date for appeals to the North Newcastle Village applications to Friday September 17, 2010. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 Mayor and Members of Council -April 12, 2010: Page 2 It is recommended that Report PSD-067-09 be further tabled to the Council meeting of July 12, 2010. G ~, Faye Langmaid, Acting Director Planning Services Department /df cc: Frank Wu, C.A.O. Patti L. Barrie, Municipal Clerk Department Heads C = V d d d N ~ ~O a ~ O L .; Q ~ V W ~~+ ~ Z _ .C Z O N C L ~ O '~ •+ ~ .t? _ W J O O ~ ~.+ ,~ D ~ v C d ~ ~ ~ .~ c~ ~ ~ 3 as ~ ~,, ,a~ ~ ~ z ~ 3 -~ z c~ 0 ~~ ,~.+ L. 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'p cn (~ ~ ~ ~_ N N~~ N U 0 0 ~ ~~ ~~~ ~ ~ O o U a~ L ~--' 'gin ~ ~ ~ N ~ ~ O~ ~ ~ N - U N .~ ~~:~~ a~~~~ ~ ~ ~ O F- }, ~ U F N ~ ~ i c c N ~ c6 ~ ~ O ~-' ~ U ~(a ~ ~.O (a ~ ~ L- O U C O U C6 . ~ O ._ ~ ~ O O ~ N ~ ~' ~ N ~ ~ O~ i ~ c~~~ ~ >~ ~' O to O O +r ~ ~ ~ ~ N ~ `~ ~ ~ c~ ~ U ~ ~ ~ O ~ O~ N .L ~~ (~ CCS ~ OU U +~ i U~ fA ~ ~ O O ~ c ~ ~ Ua~a~~ U 2 cn~ (lZ ~ N ~ U ~ O O ~ O ~ ~> ~ W Q O ~~ O O N O U ~ (a _U ~ ~ J '~ ~ o ~ ~- ~ c .~ ~ ~ U ~ ~ ~ Q ~z ~~~ ~~aQc e~~ ~~ 0 oc 0 ~z :moo ~ Q ii. ~ O C H O 0 ~o 0 v c~ 0 z ,;~ ~~ ~~, O ~ O O i N ~ >' > ~ ~~ O ~ N C~ O O ~ U ~ ~ j N ~ ~ ~ N ~ _ ~ _~ cn ~ o o ~ ~ O ~ C ~ ~, ~ • j ~ ~ p p ~ ~ ~ ~ U (n ~ ~ ~ U O ~ U ~ ~ ~ ~ ~ z ~ ~ O N ~ ~ ~ ~ ~ N ~ ~ > O (a V Z () ~ ~ Q ~ ~ ~ p ~ U p ~ ~ .O U > _ ~ .~ Q ~ ~ X O ~ Q V ~ +, ~ ~ Q U o cn ~ ~ ~ ~ _ o ~ ~ ~ ~ v o > ~ ? +~ ~ O ~ ~ . .C p ~ o U ~ o ~; o o ~ o o ~- ~ c ~ O ~ ~ 0 L ~ ~ W `• ~ c j p ~ o Q N ~ ~ o ~ = c~ " N ~ ~ ~ ~ °~ ~ '~ ~O N ~ ~ ~ ~ ~ ~ to .~ ~ ~ cn ~ ~ ~ ~ N ~ ~ ~ ~ X cn U ~ cn .~ ~ 'U U •L ca ~ ~ p N N ~ ~ ~ C O .~ ~ N ~ N N cn ~ ~ ~ ~ ~ C~ ~ Z ~ J U p ~ ~ ~ Q N ~ ~ c_n ~ O ~ .~ _ ~ O ~ ~ ~ - ~~ ~ ~ cn U ~ (a ~ ~z :~o ~ ~ ~~~ ~~ 0 oc Q 0 ~z :moo • Q oc ii. ~ O C 1Q- Z O ~ •U ~ ~ ~ ~ O ~ O ~ '~ O U ~ ~ ~ ~ N ~ O ~ ~ ~ ~ •> C N 0 U O O O O C ~ •O ~ W •O O ~ (~ >O ~ ~ ~ J ~ ~ C ~ ~ O U W O •> 2 O O ~ ~ p •~ ~ N N •~ V Z ~ ~ > c ~ - a~ O cn cn ca ~ Q •~ .~ ~ _ L •~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _U ~ L O L ~ ~ ~ ~ ~ J ~ O C7 ~ Q ~ I (n U ~ ~~ ~ ~ z a. Z O 0 r N .~ Q i 0 ~-_+ C6 U .~ O U U C~ _~ O N C6 a-+ .~ O O 0 N (~ (6 s 0 c ca N ~ ~ c~ ~ ~ ~> o m ~ ~ ~ ~ ~ ~ ~O ~ N O ~ c~ O_ ~ ~ O U N ~ ~ m .U ~ O U Q N N ~ ~ O U ~ ~ O U L- O ~ ~ N Z ~ o ~ .~ ~ Q W N ~ Q ~ ~ N L ~ ~ ~ ~ cn ~ ~ Q ~ ~ ~ U N ~ ~ O m ~ ,~, ~ ~ Y C O U {, ~z :~o ^ Q ~~ z ii. ~ O GC H O U L cv U a d Z ~+ V C O V U A U N O ~ Q ~ c ~ ~ ~ ~ a ~ ~ N ~ 3 o ~ Q ~ a ~ L V O U C O O ~ M ~ p O Z C ~ ~ p ~ r' O ~ N ~ Q p p W ~ O U O N ~ •~ °~ N m ~ c,~ O ~") ~- L O ~ . C ~ +.~ :o l~ - w U ~ 3 ~ (p CD . . (t3 G1 ~ O •p ~ O CO O - ~ ~ N X (~ o a o ~ U ~ a. O i- tl. w U N •O a ~ c °- ' ~ cn a •~ 0 3 o U a. ~, ~ O ~ m N (~j ''('^^6 VJ O '/O//~~ vJ L N O ~ z O ~ ` ~ ~ U) N ~ a. O ~ M o d C ~ ~ ~ ~ U C°- ~ ( Y M ~ ~ rn v Z z C d 0 n Q - ~ O p O ~ ~ 0 _ 'O X O O +-~ ~ ~ ~ M M ~ , ?+ _ .N .C +.~ f6 m ~ N r CO O. d ~ c~ •o c~ 0 ~ ~ ~ ~. Y ~ f~ -~ U IZ c~ O F- tLt N N L O U .~ C ~ O O ~ 'V ~ '~ N ~ ~ ~ L ~ ~ U C .~ ~ - (6 ~ .~ •~ (0 N ~ ~ O O ~ ~ ~ (~ ~ ~ U ~ ~ O ~ ._ a ~ ~ ~ ~ ~ Ca • - O U .~ O ~ ~ ~ ~ Q ,~ ~ ~ ~ to U •~ .L ~~ ~_~ N ~ ~ ~ ~ (~ _ O U O ~ U ~•~ ~ C p O '~ ~ '~ ~ ~ L ~ U ~ ~ ~ ~ ~ ~ ~ ~ C6 O n~ O ~ ' N N O ~ ~ ~ ~ ~ N ~ ~ _ ~ ~ II N O t0 ~ p ~ ~ s= ~ ~' N ~ i- ~ N ~ U ~ U ~ ~ ~ ~ ci ~ _ O .V ~ ~ U .~ ~ ~ ~ ~ ~ ~ ~ +~-+ U !` Qa~c>za~ O ~z :~o ^ ~ ~. ~ O d O ~z :moo ^ 'Q ii. ~ O Z O •~~ V O •~~ V C~ .~ O U Q O 3 O O C~ C~ 00 Z O C7 W a x C t/~ ca 3 ea J m ^~ c~ O U ~ N ~ C ~ ~ ~ ~ ~ .~ ~ L 0 ~ ~ ~ 1 V .1~ .~ 0 ~ ~ O +~+ ~ ~ L 4. ~ O N ' ~_ V = N ~ ~ ~ ~ . ~ p ~~ ~ ~ ~ cv ~~ a ~ ~ ,~~;.; . ~ ~ U ~ ~ ~ ~ ~= c~ _ ~~ ~ ~ 'V ~ ~ ~ .~ 0 ~ ~ ~ ~ ~ ~ ~ (~ (6 _~ .U ~ ~ - ~ Q ~ ~U ~ -_ ~ O ~ ~ ~ U ~ 0 U c~ o 0 ~~.~ ~ O ~ ~ ~oN~ ~ U U .~ ~ ~ .~ ~ ~ v I ~ x I ~ ~ o ~ .c~ ~ ~ N ~ Q ~ ~ .. ~ o ~ o ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ >C LL U ~ ~ N A A ~~~~ a~ c~ ~ ~ ~ ~ - X C6 ~ .~ ~ .L O Q~ .~ ~ V O U ~ O U ~ ~ o ~ ~ p .~ .U O ~ ~ ~~ ~ I ~ ~ •~ o ~ I ~ o ~ d- ~ c~ ~ o° ~ o ~ N ~ M ~ ~ ~ N tCf N ~ ~ U ~ ~ ~ L ~ c~ G ~ Z A A U ~ ~ ~ ._~ ~ ~' O N ~ ~ ~ ~ ~ ~ ~U-~~ ~= o ~oc~~ U c~ ~~ ~~ ° ~ ~ ~ ~~ ~ ~ ~ L ~ ~ ~ o ~ ~~~ ~ ~~ ~ ~_ ~ N U ~ ~ U ~ X ~ U ~ ~ ~ .~ O U O ~~ o ~Qoo o ~ o ~a~oo ~o 0 o c o ~ U ~ ~ ~_ U ~ ~ O ~ ~ ~ O ~ ~ ~ ~ Ca ~ ~ D (~ (t3 .> ~ ~ ~ ~ ~ o ~ ~ ~ o ~ ~ ~L Q ~ fn N ~ ~ (~ o ~ ~ U ~ N ~ ~~ ~~_'~ ca ~~ N ~ A A ~;~.- -~ ~ U_ k ~ . _m ~ N ca (~ .~ ~~ ~ O ~+ O ~ ~ ~ ~ ~ ~ '> ~ ~ o ~ ~ O L ~ ~ ~ ~ J ~ o ~ V ~~ ~ ~ ~~yy~ M M LL _~ Ca U U O N _~ O (~ Ca .~ 0 L Q ~_ O A .; .. ~ ~ O ~ O - ~ U N ~ U >~ ~ ~ > -~ Q ~ ~ c6 (~ ~ L ~ ~ ~ ~ ~ ~ ~ ~ ~_ ~ ~ .U ~ (~ `'- ~ U ~ Ca N ~ ~ ~ ~ ~ ~ ~ ~ .L O ~ O O U .~ m (~ ~ ~ C ~ ~ ~ _ U ~ O ~ ~ ~ ~ ~ ~ .cn ~ ~ W '~ _ ~ ~ _ ~' ~ ~ w ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ .~ ~ ~ ~ ~ > W O N c~ ~ > ~ U ~ (T3 ~ W ~ ~ O ~ U= W O ~ ~ ~ ~ ~ ~ ~ ~ A A A A A A A L ~--+ U 0 0 .~ 0 U L N ca L Q O O .~ ~ ~ ~ ~ ca O ~ ~ ~ ~ ~ U O ~ ~ ~ A A A L.L O ca ~~ o ~ U~ 3L ca ~ J V A ~ m m W ~ .~ W ^, n, ^~ i r'1 0 C~ ,~ ~ •- ~ i .O ~ ~> ~ O ~ ~ ~o c~ ~ ~~ ~ ~ 0 ~ N U .~ ~ ~ -a (a ~ O !~ ~ ~ •U .~ ~ O ~ .~ ~ (~ •-. ~ ~ O ~ ~ N ~ ~ D c 0 .~ ~ O '~ O ~ O j •= ~ ~ Q ~ O ~ ~ t +~ ~ co ~ ~ ca ~ N 'V ~ •~ ~ j, .~ ~ O. U ~ ~ ~ ~ p ~ ~ o a ~ U ~ o ~ ~ ° ~ ~ ~ ~ ~ ~- ~ ~ O ~ ~ ~ ~ ~ ~ ~ c ° ~ ~ ~ _ _ ca • ~ U p ~ O N ~ 0 ~ ~ OU •~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . O O O (ls 1 ~, +~ ~ N ~ ~ L > ~ ^ n ~ •~ N N ~ V ~ N ~ ~ Q ~ ~ ~ O ~ L 0 O Q . ~ +r ~ ~ A A A O p ~ ~ O O A A 3 `" ~a ~ J ~, t m ~ ~ ~ ~ ~ ~ O ~ U ~ ~ . ~ ~ ~ O N 0 (0 . ~ ~ ~ N ~ ~- ~ O ~ ~ ~ ~ ~ ~ O t~ ~ ~ N ~ ~ ~ ~ ~ ~ }' (~ U . ~ ~ O C ~ ~. +r U ~ ~ ~ ~ ~ ~ ~ Q N ~ -= ~ ~ ~ ~ ~ ~ (6 ~ ~ ~ p ~ ~ ~ ~ ~ ~ ~ ~ N > > O U •~ ~ ~ ~ ._ U ~ ~ ~ ±r ~ ~ U Q . ~ •--+ m A A A A A ... _~ U .~ .~ O O U Q ~U .~ (~ N Q .~ N .~ N A -+--+ Q ~U .~ L Q C .~ N C!) O O C U A .-. L ~ ~ N ~ N ~ ~ o ~ c U O .~ .~ O ~ U N c!j ~ ~ C L O ~ Q .L ~ ~ ~O ~ ~ ~ C ~ :+--~ ~ Q ~~ U ~ .~ ~ ~ ~ to A U O U Q ~U .~ O Q U O O O O N A Q .~ Q W O H ca J m Q Q 0 V V s L O N A .~ .O L as ~ t p H ~ ~O c~ O ~_y _- I) -+--~ _~ ~ ~ ~ Q L f-+ L ~ ~.., ~ ~ (~ (~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ a~ c~a ~ ~ c~ ~ ~ ~ ~ a~ o ~ > ~ ~ ~ ~ ~ ~ ~ ~ ca o ~ o O v ~ ~ ;~, _ 'v~ ~/ ~ U to ~ Q `'- Q U (~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ o ~ ~ ~ L ~ .~ ~ L ~- ~ Q~ ~ ~Q^~ ~ O O ~ 0 W n LI.J Q w A A A A A A A ~_ _ ~ ~ Q ~ O ~ Ur (n U X ~ ~ ~ m _N ~ ~ ~ ~ °o ~ ~ ~ ~ ~ m ~, ~ ~_ >, U ~ ~>+ N ~ ~ ~ ~ ~ ~ N ~ O ~ ~ :.. ~ U N ~ ~ ~ ~ ~ ~ ~ N ~ O (~ ~ '~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ . ~ ~ ~ L ~ ~ ~ ~ - ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~~ v ~ ~ ~ ~ Q ~ ~ O ~ w ~ ~ ~ ~ U ~ O O ~' ~ ~ U(~3 ~ ~ ~ ~ U ~' U ~ ~ ~ '~ ~ ~ ~ U >' Ca ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (~ ~ Cn ~ O c~ ~ ~ A A A A A ;. ~._. f L ~--i L -1--+ U (l~ O .~ ~N n/ L 0 L C6 O U N O U ~N V J .Q '~ N O ^L I..L L Q O ^O I..L N (~ N- 0 Q C -i--~ ~--+ O ~F- .~ ~_ O ^L I..L U .~ N N O .~ .~ •~ N ~= L L 0 N ~ ~ ~ ~ O c'6 ~ O O ~ U _~ 0 L U U ~ ~ ~ ~ L_ .~ ~_ ~N ~~ I..L A A A A A A .~ ,~-+ 4~ V L 0 W ^~ i ^~ J .~ ~ ~ m Q U Q (~ Q ~U .~ i .~_ ~L -~-+ N L U O U ~--+ O (~ C Q . X -1-~+ L U O O N O U (t3 N U -l-+ O N CCU C .~ 0 '~ C 0 .~ NN~ ~.L 0 Q A A A A A O ~O N L U .~ ~--+ Q 0 i . ~ ~ ~ . ~ ~ ~ . ~ . y- L ~ O ~ Q ~ ~ ~ ~ ~i _ ~ •. - ~ ~ .~ U ~ (~ ~ ~ ~ ~ ~ ~ ~ ` O ~ U ~ N + ~ ~ ~ ~ - ~ N ~ ~ ~ ~ ~ ~ >, O_ ~ ~ ~ ~ ~= ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ _ ~ ~ Q ~ C ~ ~ ~ ~ O . ~ N > U ~ ~ (~ ~ ~ ~ ~ ~ ~ _ U) ~ 0 ~ J ~ A A A ~ ~ ~ ~ ~--+ .0 L ~ -}-.+ ~ (~ ~ ~ L ~ 0 Q _~ ~ ~ L ~ ~ U '~ ~ U ~ O ~ O ~ jL .~~~ ~ ~ ~ = O ~ ~ ~ ~ ~ ~ ~U ~ ~ .~ ~ ~ N ~ v (~ A -+--+ .~ ~ ~ 0 ~ '~ U ~ .~ ~ ~ ~ ~ ~ O ~ +r ~ ~ D ~ O ~ ~ C ~~' .~ •~ O ~ .~ O m ~ C ~ ~ ~ ~ ~U ~ ~ O ~ ~ U ~ ~ ~ ~ ~ A 0 0 N N _~ O O O N N N O ~ ~ U p ~ N O ~ ~ I >, ~ ~ O ~ '~ ~ O N ~ ~ C ~ O ~ ~ ~ ~ O ~ ~ C O O U U A A .~ U 3 ea J m o ~ o N ~ ~ L ~ ~ 0 U ~ U ~ ~ ~ O ~ ~ ~ N >, ~ CV ~ ~ ~ ~, O ~ ; ~ ~ ~ ~ O Z ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ > c~ ~ o U ~ Q ~ ~ t~ ~ ~ ~ U ~ ? . ~ C ~ ~ O ~' > ~ U ~ ~ O ~ Q U ~ ~ ~ U ~ ~ ~ ~ ~V . ~ ~ ~ ~ ~ LO ~ O Q ~ ~ c°~ U ~ A A A A ~- N U L O ^ ~~ ~~ O U J m O (~ Municipality of Clarington Livi n Green -Ail 4 F-Ar Community Advisory Committee April 12, 2010 ~• c~ w Q z 0 U Z W W U Q 2 !~ '_• ~ ~~i ~~ rl r-1 1 C r ~ ~~ ~~ + +~ i++ ~ r l ~J $i ~~ # ~ rl e ~a s ~~ = ~ ~w ~' a8~ 1 ~r 8 ,--. 88= L r ,C ~ .~ i ^T r l ~ ~, ~R "T r l uu~M!l~ihllva~ .k ~""' n1i, 'F ~, d4.w. 5^~,ro ^~i .cP1~ r'Mhd ., ~, .~ ,~: ~~ ~ F "~ ~.~~ i ~~ ~' ~,, r is bpY ~` m. # 3 O W H Q W U } ._ c~ .. a~ V ~--~ .~ O U O y-- O N .~ N O .~ rI~A O r`I~JA/ I ._ C~ N N .~ O U O O O } O c~ 0 U 3 N .~ N C (~ CCU .U 0 O L U O ~' V J I..L J W W Q ^~ W .~ ~ •~^1 .~ rf ~--+ ~ ~ O ~ ~ .~ ~ ~ N ~ O ~ ~- •- p ~ ~ • ~ C~ ~ ~ _~ ~ ~ L ~ ~ ~ p ~ U ~ ~ ~ ~ o o .o ~ ~ ~ ~~ o ~, ~ ~' .~ v ~ ~~ ~ ~ ~ ._ ~ ~ ~ ~ U ~ - ~ L C~ ~ ~ ~ ~ p U ~ +~ ~ p ~ ~ p p ~ ~ ~ o ~ ~ ~ p ~ ~ ~ ~ ~ p ~ ~ ~ p ~ ~ ~ o o ~ p > > ~ ~ ~ ~ o o ~ ~ ~ o ~ ~ a~ ~ V ~ ~ ~ ~ ~ ~ p ~ .- ~ ~ ~ ~ ~ ~ p ~ ~ ~ ~ ~ ~ p p '~ ~ p ~ ~ _ ~ N ~ ~ ~ .~ ~ ~ ~ ~ ~ C~ W o U cn - ~ `~ W J .. w ;, ~`` 1 „ s 4 Q ~ ~ ~ ~ ~ ~ ~ ~ ~ C? I+ w p ~ ~ ~ c • 5 ~ ~ x O -. ~~ ~ ~ ~ i ~ ~= E w ~ aka w ~~ a V ` r. M'~y 4 r C ~- x •J ~ E s~~a ~ ~ ~~ u STRATEGY PRIORITIES Thriving Green Economy Healthy Natural Environment Energy Efficiency— New Development Green Community Strategy Trans- portation Energy Efficiency— Existing Buildings Zero Waste w z ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ O oU~ U ~ ~ ~~ ~ ~_ ~ ~~ ~ ~ .~ ~ ~ m ~ ~ ~ U •- ~ U •--' ~ C~ ~ ~ ~ ~ ~ c6 N O ~ ~ ~ O ~ ~ N ~ ~ ~ ~ ~ O ~ ~ ~ C~ ~ .~ ~ ~ ~ U ~ ~ ~ ~ N ~ ~ ~ ~ '~ _O ~ U N U ~~ ~ ~ ~ ~ - ~ ~ ~_ ~U O .U .~ .~ O -,~ ~_ ~U .~ N O U W ~~ C6 ~ ~ ~ ~ ~ ~ N ~ Q ~ O ~ > ~ ~ ~ ~ ~ ~ ~ N ~ ~ U O O ~ ~ Q ~ ~ ~ c~ ~ C~ ~ ~ O ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ O ~ ~ ca O .> N N c~ C~ O .~ O ~ ~ U N ~ ~ ~O +~ L ~ ~ (~ }' ~ ~ ~ .~ N ~ ~ ~ - v~ ~ ~ ~~ ~_ O ~ ~ ~~ O ~ ~_ ~U .~ N N O ~-_~ O W C~ .~ N ~ ~ ~ U ~ ~ O ~"' ~L ~ c7 z X w O ~_ .~ Q ~U .~ .X a~ O w w t~ X O O N O -+--+ Q~ ~U O O N O Q N 0 U N O U O C6 U O N Q O O L O .~ c~ .~ Y I ~X N O N (~ L L U .~ N .~ N 0 (A'~`) l^'W`) O C6 O U W ~ ~ ~ O ~ +~ ~ ~ O ~ U L 0 ~ ~ o .- ~ ~ ~ ~ C~ ~ ~ ~ ~ D ~ ~ ~ . N (~ ~ • ` ~ O W ~ ~ .U ~ •= .~ .~ ~ ~ ~ Ca ~ ~ N ~ ~ ~ ~ N ~ ~ ~ ~ ~ O U ~ ~ O ~ •~ i O U O ~--~ _~ O O Q _O N O O .~ C~ O .~ >O N N C6 ca _~ .~ O N _~ C~ ~/A' Y O L N N 4- O N U C~ N O U N O O O U •~ O N ~U O Q C~ O ~-_~ U N ~--~ C~ O CCU U O Q _~ N N N O (~ N ~ w ~~ W~ ~ ~, ~ W ~ ~.~~ ~~ EE ~? ~ O N 55 W U F ~r ~ ~8 ~ € =W N .~ N Ca N ~U O N - _ ~ ~ ~ ~ ~ ~ ~ C~ ~ ~ Uj ~ O ~ ~ ~ ~ '~ ~ > ~ U ~ O ~ U ~~ O ~ _~ N ~ ~ ~ _ O U U N _N N ~ ~ t~ ~ ~U . Cl~ U U ~ ~ Q ~_ _~ U .~ N O U ~_ ~U .~ z O H Q H O d Z Q H O O C~ O N O c~ N U C~ O 0 L Q. .O ~ U •L ~ Q ~ _~ O O U N ~U c6 .~ c6 .~ ~_ CCf L N O O U Q C~ N ~ ~ ~ O ~ ~ ~ '~ ~ C~ ~U ' X +_ ~ .~ ~_ .~ U ~ N ~ (6 U N ca O O U U U L U O O O_ N O a~ W O U ~_ z w z 0 z w J Q H Q Z z J Q W 2 O N }' _ ~ 4- ~ O O 'v ^J ^` ` V W L ^^ 11 W W ~ ~ C~ ~ ~ ~ ~ O N ~ ~ ~ _ ~U O ~ N ~ ~ ~> _ O ~ ~ ~ N O ~ > ~ ~ . ~ ~ Ca ~ ~ ~ O ~ ~ ~ N ~ U ~ ~ ~ O - ~ O ~ ~ O ~ U ~ ~ O ~~ ~ ~ _ O ; O Q O . O O ~ ~ . ^ 0 ~ _ .~ ~ ~ ~ VJ L - W ~ O O '~ O l/,~'~ }~ V ~ .~ ~ ~ O N O~ U N ~ ~ O ~'' .U ~ ~ ~ U ~ U ~ ~ ~ O ~ ~ . (~ N ~ O ~U ~~ ~ ~ +~ ~ ~ ~ a~ ~ ~~ ~--+ W ~ ~U .~ 5~ W ~~ N -~ C6 .~ N O N U c~ _~ ~~ e ~~ N Q ~~ ~~ t WZ ~~ N U F W r m .. ~g rQ Lw m' f- x W L O C6 C~ O U `~ O L c~ O N L 0 N N U O N U O N O O 0 N ~~.+ L O Q O O U N } N N _O N U .~ 0 0 U N N N c~ N U 0 u~ ~ Q °~ m ~' a~ a~ ~ ~ '~n ~ ~ ~ ~ c~ ~ a~ ~ L ~ ~ ~ ~ O ~ .~ C~ O -~ ~ U C~ ~ .~ O }' +~ c6 ~ ~ ~_ ~ ~ (~ c~ U ~ a~ ~ ~ o .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ C~ Q Q ~ ~ - ~ O .~ U .~ U 0 0 0 U N O .~ U 0 c~ .~ U w ~ O ~ ~ ~ ~ O ~ ~ ~ > ~ O ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ c~ ~ ~ O O ~ ~ _ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ U ~ - ' U ~ o 0 0 N ~ ~ ~ ~ O ~ U Q ~ ~ ~ ~ ~ .~ L ~_ .. v > CC3 ~ ~ ~ ~ ~ _ ~ .U ~ ~ ~ ~ ~ - '- O ~ ~ ~ ~ > ~ ~ ~ o ~ - y- ~ ~ ~ ~ ~ ~ ~ U ?~ a~ o ~ ~ • . . .~ ~U ~ ~ ~ ~ ~ ~ _ O ~ ~ U L ~ ~ ~ ~ c~ ~ ~ o O ca ~ ~ .O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J ~ O ~ ~ ~ .V ~ ~ ~ _ V ~ ~ (~ O ~ .- ~ ~ ~ ~ O .~ ~ ~ ~ '~ ~ ~ ~ ~ ~ c~ o ~ o o ~ V ~ .~ ~ ~ C~ ~ ~ ~ ~ .~ L" ~ ~ U U ~ U ~ ~ ~ ._ ~ ~. . . C O C ~L _~ V ~~ .v .~