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HomeMy WebLinkAbout07/12/2010• ~~ Energizing Ontario DATE: MONDAY, JULY 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 June 28, 2010 PRESENTATIONS a) Doug Lindeblom, Director, Economic Development, Region of Durham, Jacquie Hoornweg, Director, Nuclear Public Affairs, OPG, and Denise Carpenter, President and CEO of the Canadian Nuclear Association - Canadian Nuclear Industry and Darlington B. New Build b) Glenda Gies, President, Port Darlington Community Association and Co-Chair, St. Marys Cement Community Relations Committee (CRC), Mike Smith, Quarry Manager, and Ruben Plaza, Environmental Manager, St. Marys Cement -Annual Presentation to Council DELEGATIONS (List as of Time of Publication) a) Representative of Candler Court Group -Report PSD-082-10 - To Permit the Development of a 1,643 sq. m., Three Storey Building for a Professional Dental, Medical Office with Pharmacy and Associated Parking Area (Item 2 of Report #1) b) Michael Hackenberger, Director, Bowmanville Zoo -Promotion of the Canadian Association of Zoos and Aquariums' (GAZA) Safeguards to Municipalities with Circus Exclusion By-laws (Correspondence Item D -13) c) Angie Darlison, Executive Director, Clarington Older Adult Association - Report PSD-091-10 -Request by Durham Central Agricultural Society for Amendments to all Applicable By-laws to Allow for Signage Without the Requirement to Pay Any Fees (Correspondence Item D - 8) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2 - July 12, 2010 COMMUNICATIONS Receive for Information I - 1 Minutes of the Clarington Heritage Committee dated June 15, 2010 I - 2 Minutes of the Central Lake Ontario Conservation Authority dated June 15, 2010 I - 3 Minutes of the Clarington Agricultural Advisory Committee dated June 10, 2010 I - 4 City Clerk, City of Toronto -Open, Transparent and Accountable Metrolinx I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Additional Sanitary Sewerage Capacity to Service the Bowmanville Urban Area I - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Emergency Detour Route Plan for Highway 401 and Highway 35/115 I - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Analysis Related to the Election of the Regional Chair and Matters Related to the Question on the Ballot I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Proposed Water Opportunities and Water Opportunities Act I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Update on Durham Nuclear Issues and Responses to the Joint Review Panel on the New Nuclear Darlington (NND) Project Environmental Impact Statement (EIS) and Application for License to Prepare Site I - 10 Heather Brooks, Director, Watershed Planning & Natural Heritage, Central Lake Ontario Conservation Authority (CLOCA) - 2009 Annual Monitoring Reports - Aquatic, Terrestrial, Wildlife and Coastal Wetlands I - 11 Roger Anderson, Regional Chair and CEO, Regional Municipality. of Durham - Letter of Congratulations to Veridian Corporation I - 12 Jamie Robinson, Director, Communications, Nuclear Waste Management Organization (NWMO - "Moving Forward Together: Overview of Canada's Plan for the Long-Term Management of Used Nuclear Fuel" I - 13 Pat Perkins, Mayor, Town of Whitby -International Business and Trade Issues I - 14 Moin Khan, Project Engineer, Ministry of Transportation (MTO) -Resurfacing of Selected Ramps on Various Interchanges -Neilsen- Road to Newtonville Road Council Agenda - 3 - July 12, 2010 I - 15 Ian Smith, Director, Source Protection Programs Branch, Ministry~of the Environment, -Clean Water Act. 2006 Regulation O. Reg. 287/07 for Source Protection Plans I - 16 D. Paul Ayotte, Mayor, .City of Peterborough -Highway 407 Extension I - 17 The. Honourable Dalton McGuinty, Premier of Ontario -Harmonized Sales Tax I - 18 Linda Gasser -Durham's Commitments, A-7 Guidelines and the Covanta Contract I - 19 Wendy Bracken -Incinerator Facility Emissions and Covanta Contract I - 20 The' Honourable Dalton McGuinty, Premier of Ontario -Highway 407 Extension Receive for Direction D - 1 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade Committee - 6th Annual Newcastle Santa Parade D - 2 Andrea Armstrong, Public Relations Specialist, M & M Meat Shops -Request for Proclamation of "National Family Dinner Night" D - 3 Thomas H. B. Symonds, Chairman, Ontario Heritage Trust - 2010 Volunteer Recognition Programs D - 4 Ruth Van Belle -Medians on Highway #2 D - 5 Ken Willis, Secretary, Newcastle/Bond Head Ratepayers' Association - Location of New Fire Hall in Newcastle D - 6 Jim Richards -Request for Enactment of Air Quality By-law D - 7 Jean. Graham, Chairperson, Newcastle Lions Club -Walk for Guide Dogs D - 8 Angie Darlison, Executive Director, Clarington Older Adult Centre (COAA) Board -Request for Exemption to Sign By-law D - 9 Nathalie Des Rosiers, General Counsel, Canadian Civil Liberties Association - Council's Procedural By-law D - 10 Ken Willis, Secretary, Newcastle/Bond Head Ratepayers' Association -Parking at the Bond Head Parkette D - 11 Angela Sharbot, Clerk/Economic Initiatives Administrator, Town of Atikokan - Utility Vehicles (UTVs) Council Agenda - 4 - July 12, 2010 D -12 Carolyn Downs, City Clerk, City of Kingston -Prison Farms D - 13 Michael Hackenberger, Bowmanville Zoo -Supporting of Canadian Association of Zoos and Aquariums' (GAZA) D - 14 Mayor Rick Bonnette, Town of Halton Hills -Request to the Province to Cover All Appeal Costs to the Ontario Municipal Board for Growth Plan Conformity Exercises D - 15 Kristin Robinson -Concerns with Incinerator Project COMMITTEE REPORT(S) General Purpose and Administration Committee Report of July 5, 2010 STAFF REPORT(S) Report COD-046-10 -Community Festival/Event Promotional Temporary Signage Permit Under the Road Occupancy By-law 2. Report PSD-091-10 -Request by Durham Central Agricultural Society for Amendments to all Applicable By-Laws to Allow For Signage Without the Requirement to Pay Any Fees 3. Report EGD-026-10 -Wind Turbine Concerns -Arran-Elderslie (To be Distributed Under Separate Cover) BUSINESS ARISING FROM NOTICE OF MOTION Moved by Councillor Trim, seconded by Councillor Robinson THAT representatives from the Ontario Ministry of the Environment and Health be invited to present to Council details regarding wind turbines in the Province in general and Clarington in particular at a regular Council meeting this fall. Such subjects as health to humans/animals, noise and property value impact must be addressed by these representatives. UNFINISHED BUSINESS 1. Addendum to Report PSD-086-10 -Proposed Amendments to Conditions of Draft Approval for Proposed Draft Plan of Subdivision S-C-2005-002. BY-LAWS NOTICES OF MOTION OTHER BUSINESS Council Agenda - 5 - July 12, 2010 CONFIRMING BY-LAW ADJOURNMENT ~r~t /.eading the Way Council Meeting Minutes JUNE 28, 2010 Minutes of a regular meeting of Council held on June 28, 2010 at 7:00 p.m., in the Council Chambers. Councillor Foster 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: Municipal Solicitor, A. Allison Senior Planner, L. Backus, attended at 7:34 until 8:30 p.m. Director of Engineering Services, T. Cannella, attended until 9:27 p.m. Executive Assistant to the. Mayor, L. Coutu, attended until 7:23 p.m. Director of Operations, F. Horvath, attended until 9:27 p.m. Acting Director of Planning Services, F. Langmaid Director of Corporate Services and Human Resources, M. Marano, attended until 10:15 p.m. Recreation Services Manager, S. Meredith, attended until 9:27 p.m. Director of Finance/Treasurer, N. Taylor, attended until 9:27 p.m. Communications Coordinator, J. Vreeker, attended until 7:23 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 10:15 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 9:27 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. Council Meeting Minutes - 2 - June 28, 2010 ANNOUNCEMENTS Councillor Foster announced that the Courtice Rotary Club will be hosting a Canada Day Celebration on Thursday, July 1, 2010, at the Garnet B. Rickard Recreation Complex. The event starts at 5:00 p.m. and includes live entertainment, a military display, barbeque, children's activities and fireworks. Councillor Hooper announced the following: • He attended Bowmanville High School last week to present an Award of Distinction to AI Strike. • On Sunday, June 27, 2010, he attended the 40t" Anniversary of Watson's Farms. • He extended congratulations to Paul Robinson, Clarington employee, who was inducted into the Halton Hills Sports Museum's Hall of Fame for hockey. Mr. Robinson is now adouble-inductee as he is also a member of the Clarington Sports Hall of Fame. • Last week he attended Central Public School Awards Ceremony. He also extended congratulations to the baseball team who came in second overall. • The Clarington Urgent Care at 2320 Highway #2 opened on June 14, 2010. Councillor Novak announced the following: • On Thursday, June 24, 2010, she addressed students of Dr. Ross Tilley Public School at their Graduation Ceremony. • Today, she attended a garden dedication. at John M. James Public School in honour of a student who passed away. • On Thursday, June 24, 2010, she attended Veridian Corporation's Annual General Meeting and quoted a media release announcing that Veridian attained its best financial performance ever in 2009. Councillor Robinson announced the following: The Newcastle "Then. and Now" Celebration held on June 26, 2010, was a great success and well attended. Councillor Robinson expressed appreciation to staff of the Municipal Operations Department, Community Services Department and Fire and Emergency Services for their efforts. On Wednesday, June 30, 2010, there will be a July 1St celebration at the Orono Library starting at 6:00 p.m. On July 27, 2010, there will be a Public Meeting hosted by ZEP Wind Farm Ganaraska at the Orono Town Hall concerning a proposed wind turbine project on agricultural lands north and east of Orono. Council Meeting Minutes - 3 - June 28, 2010 Councillor Trim announced that he attended an Emergency Planning exercise led by the Durham Regional Disaster Emergency Response Team at Courtice Complex on June 24th involving senior staff from Clarington and Oshawa who took part in a mock session involving the steps in recovering from a disaster two days and six days after the event. He stated the session was very interesting and well organized. Mayor Abernethy announced he and his wife hosted their 3~d Annual Afternoon for Big Brothers and Big Sisters at their home and held a fishing derby for the little Brothers and Sisters, who all enjoyed the event. Mayor Abernethy also announced that on July 8, 2010, the Stanley Cup will be coming to Orono for a celebratory parade at 4:00 p.m. Following the parade, Bryan Bickell, a member of the Stanley Cup-winning Chicago Black Hawks will be available at centre ice at the Orono arena to sign autographs. Resolution #C-261-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on June 14, 2010, be approved. "CARRIED" PRESENTATIONS Mayor Abernethy welcomed students, parents and the public to the presentation of the Ninth Annual "Awards for Academic Excellence", a program developed in 2001 to recognize students from Clarington's local elementary and secondary schools. Mayor Abernethy indicated that the awards consist of a permanent plaque for each of the schools that are participating in the program with the name of the student engraved on the school's permanent plaque. All of the schools that participated in 2009 have already received their permanent plaques. Mayor Abernethy advised that each student is also being presented with a personal framed certificate and as a further commitment to Council's recognition of local students, secondary students who are being recognized will also receive a cheque for $100.00 as a bursary to further their educational pursuits. Mayor Abernethy recognized the following students who were unable to attend tonight's meeting and who will receive their awards during their graduation ceremonies: Taylor Lovell, Courtice North Public School Madeline Perrault, Dr. Emily Stowe Public School Malcolm Wood, Dr. G.J. MacGillivray Public School Kirsten Burns, Dr. Ross Tilley Public School Richard Martin, Durham Christian High School Council Meeting Minutes - 4 - June 28, 2010 Jessica Campbell, Good Shepherd Elementary School Samantha Grabko, M.J. Hobbs Senior Public School Mayor Abernethy recognized the following elementary students and presented them with a personal framed certificate: Jennifer Taylor, Bowmanville Senior Public School Austin Tenhunen, Harold Longworth Public School Cassidy Kenny, Holy Family Elementary School Lindsey Fletcher, John M. James Public School Kelsey Rozema, Knox Christian School Alyssa Hargrove, Lydia Trull Public School Rylee Van Gog, Monsignor Leo Cleary Elementary School Mitchell Wootton, Mother Teresa Elementary School William Milton, St. Elizabeth Elementary School Ayrton Lucyk, St. Francis of Assisi Elementary School Garth Meeks, St. Joseph's Elementary School Rachel Henderson, S. T. Worden Public School Madilyn Darrach, The Pines Senior Public School Mason Hawrychuk, Vincent Massey Public School Gabrielle Ally, Waverley Public School Mayor Abernethy recognized the following secondary students and presented them with a personal framed certificate and a bursary cheque: Zac Hills, Bowmanville High School Catriona Bellingham, Clarke High School Krista Harris, Courtice Secondary School Kaitlin Jingco, Holy Trinity Secondary School Mark Szenteczki, St. Stephens Secondary School Sara Taylor, Clarington Central Secondary School Glenna Raymond, President and CEO, Ontario Shores Centre for Mental Health Sciences, addressed Council to present an Update from the Centre. Ms. Raymond introduced Chris Bovie, Community Relations Officer, Ontario Shores Centre for Mental Health Sciences, in attendance with her this evening. Through use of a PowerPoint presentation Ms. Raymond provided an overview of Ontario Shores Centre for Mental Health Sciences' programs and services. She stated Ontario Shores has offered continuous mental health services on the main hospital site since 1919, replacing 36 of the original Whitby Psychiatric Hospital buildings. She noted Ontario Shores is a teaching hospital providing specialized mental health and addiction services for youth to seniors in collaboration with partners in healthcare, education, employment, justice, community and social services, and is one of the .largest employers in Durham Region. In 2009, the Ontario Shores Foundation, an independent charity was established and Ms. Raymond is pleased to see community leaders such as Television Personality Dan Carter and Police Chief Mike Ewles step forward to offer support. Council Meeting Minutes - 5 - June 28, 2010 Ms. Raymond discussed the facility's name change from the Whitby Mental Health Centre in 2009 indicating that the organization was divested from the Province in 2006 and they have been progressive in looking at ways to improve care and advance the mental health system and felt they needed a name that reflected the scope of their services and the academic, research and treatment of their core mental health services. Ms. Raymond stated at their core, the Centre is a specialized mental health hospital focused on compassion and care, indicating that recovery goes beyond day- to-day care and requires leadership, education, advocacy and an accepting community. She indicated that the Centre is working with the business community so that people can have support and that their new name and direction have been well- received by the public. Ms. Raymond confirmed that there is still much to do to address the stigma of mental illness and the Centre has focused considerable attention on community outreach by welcoming the community to visit and tour the facility or to walk, run or cycle along the waterfront, in addition to attending National Mental Healthy Symposiums, hosting Town Hall meetings and working with the Local Health Integration Network to improve access and coordination of services. Ms. Raymond stated that Ontario Shores has recently signed an Affiliation Agreement with the University of Toronto which will provide an opportunity to have local physician training. She indicated that the organization has been focused on having a sound financial plan while meeting the demands of their core care and that Board members are committed to achieving a balanced position despite facing the same challenges as other organizations in keeping up with inflation and finding ongoing efficiencies to address those challenges. In summary, Ms. Raymond stated that this is the first of what she hopes will be many more opportunities to bring updates from the Centre to Council and that the organization is looking forward to the future to grow services and improve access for the communities they serve. Amy Burke, Chair, Clarington Living Green Community Advisory Committee, addressed Council to present the Final Green Community Strategy. Ms. Burke introduced Gordon Johnston, Lisa Backus, staff liaison, Sheila Hall, Clarington Board of Trade, Cathrine McKeever and Elva Reid, Members of the Living Green Community Advisory Committee in attendance and acknowledged Mayor Abernethy and Councillor Novak who are also Committee members. She advised the draft Green Community Strategy was presented to Council on April 12, 2010 when Council authorized the release of the Strategy and requested the Committee to consult with the public and report back with a final strategy by June 28, 2010. Through use of a PowerPoint presentation, Ms. Burke reviewed how the draft strategy was created, reviewed six priorities comprising of a goal and a series of suggested actions, policies, programs and projects for achieving local sustainability and demonstrating leadership as a green community, highlighted the community consultation process noting the draft was available for review through the Planning Services Department, the municipal website, the Green Committee website, by a-mail to interested parties, libraries, distributed by the Clarington Board of Trade and available at a booth during Maplefest. Ms. Burke indicated that comments were received from many residents and that all suggestions were considered, and for the most part, the Committee felt that the comments made were addressed adequately in the document. Council Meeting Minutes - 6 - June 28, 2010 Ms. Burke confirmed that the strategy is a high level document not meant to be an action plan but instead to give direction and requested that Council endorse the final strategy, in principle, and to refer the document to staff for preparation of an implementation report. Ms. Burke thanked Mayor Abernethy and Members of Council for their support, on behalf of the Living Green Community Advisory Committee. Resolution #C-262-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the rules of procedure be suspended to allow for the introduction of a motion regarding the Final Green Community Strategy at this time. "CARRIED" Resolution #C-263-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Green Community Strategy be endorsed, in principle; THAT the Green Strategy be referred to staff to prepare an implementation report for the new Council and Committee in early 2011; and THAT the Living Green Community Advisory Committee of Council be thanked for their four years of service to the Community. "CARRIED" DELEGATIONS Heather Rutherford addressed Council concerning Item 1 of Unfinished Business - Report PSD-078-10 Green Energy Act. Ms. Rutherford expressed concern with both sources referenced in the report and the tone of the report. She specifically referenced sources listed in Section 8.2 Wind Turbine Sound and Health Effects An Expert Panel Review" prepared for AWEA and CANWEA and `The Potential Health Impact of Wind Turbines" prepared by the Chief Medical Officer of Health in which both reports have been criticized as their conclusions are not supported by their content. Ms. Rutherford referenced the study by Dr. Christopher Nanning on "Vl/ind Turbine Noise, Sleep and Health" studying the effects of industrial wind turbine noise on sleep and consequent effects on health which concluded that there is compelling evidence that wind turbine noise can and does disturb sleep and impair the health of those living too close and that the current guidance is inadequate protection and that occupants of properties sited within 1.5 km of turbines will suffer unacceptable levels of sleep disturbance and potential risk to their health. Ms. Rutherford urged Council to adopt the precautionary principle when making decisions concerning wind turbines and to join her on July 27th at the public meeting at the Orono Town Hall. Council Meeting Minutes - 7 - June 28, 2010 John Conrad, Durham Central Agricultural Society, addressed Council concerning Hand-out Correspondence Item D - 17. Mr. Conrad stated the Durham Central Fair is held each year following Labour Day stating the organizers have worked hard with Council, various departments and the Province to energize their strategy plan and investigate other forms of outreach and media. Mr. Conrad indicated that last year the organization received a large grant to reach out to a whole new audience; but despite new initiatives, the Orono Fair is still known by the 128 signs they put up all over the municipality. He noted that people come to the fair because they see the signs. Mr. Conrad confirmed that everything they do as a fair they try to do by process and by design to the highest standard of citizenship and expressed concern that this year, under the regulations of By-law 2009-123, the fair will be required to pay a set fee to get a sign permit and a $150 fee per sign for a total of approximately $18,000. Mr. Conrad acknowledged that the fair is not run for profit and that the organizers understand and respect the spirit of the by-law and its purpose but are respectfully requesting an exemption to the sign by-law to permit the fair signs from August 1 to September 20 each year. COMMUNICATIONS Correspondence Items I - 10, I - 11, and I - 12 were received as Hand-outs. Resolution #C-264-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, including Hand-out Correspondence Items I - 10, I - 11 and I - 12, with the exception of Items I-2,1-4,1-5,1-6,andl-12. "CARRIED" I - 1 Minutes of the Clarington Heritage Committee dated March 2, April 20 and May 18, 2010. I - 3 Mark Hendrikx, requesting that information pursuant to the Municipal Elections Act, 1996, regarding the requirement of individuals, corporations or trade unions to file a Notice of Registration in order to incur expenses in promoting or opposing a municipal question on the ballot be conveyed to all candidates; and, to remind incumbents that the Election of the Regional Chair is a separate election issue and that the candidate's election material should not include commentary on the issue. Council Meeting Minutes - 8 - June 28, 2010 I - 7 Ben Earle, Chair, Durham Food Policy Council, writing. to the Chair and Members of Regional Council, expressing concern with various aspects of the proposed Regional Official Plan Amendment 128, specifically as the planned amendment pertains to local agricultural lands, locally grown foods and the future development of agricultural initiatives and lands for growing food for local citizens, as these plans to do not align with the vision of the Durham Food Charter; expressing concern with plans to slate various prime agricultural and environmentally sensitive lands in Pickering, Whitby, Oshawa and Courtice for development, without adequate information regarding the potential impact of development in these areas and based on short- term gain and limited visions of Durham communities' potential to lead the province in the development of sustainable land-use planning. I - 8 John R. O'Toole, MPP, Durham, writing to the Honourable Kathleen Wynne, Minister of Transportation, in response to the Request for Qualifications issued with respect to the extension of Highway 407 from Brock Road to the Simcoe Street area in Oshawa and requesting to be advised of the timetable for the completion of the highway to Highway 35/115. Mr. O'Toole stated lie is of the opinion that a gap in the highway defeats the purpose behind the new east/west thoroughfare and places an additional traffic burden on rural roads that drivers will use to reach Highway 407 if it is halted in north Oshawa; and questioning if the Province is still committed to extending Highway 407 as far east as Highway 35/115 as specified in the Environmental Assessment. I - 9 Gail Rickard, Chairperson, Clarington Public Library Board, advising of a partnership between the Clarington Public Library, other public libraries in the Region and Durham Region Transit to offer the "Ride to Read Program", providing free transit to children enrolled in the TD Summer Reading Club during July and August using their library cards as transit passes. The partnership participants hope Ride to Read will familiarize children with public transit and increase Durham Region Transit ridership while enhancing children's education and love of reading over the summer. Attached to the correspondence is a recent press release regarding Ride to Read" at the Clarington Public Library. Council Meeting Minutes - 9 - June 28, 2010 I - 10 Randy Henry, President, Clarington Board of Trade, Mayor Pat Perkins, Town of Whitby, Councillor John Henry, City of Oshawa and Dean Del Mastro, M.P., Peterborough, writing to the Honourable Dalton McGuinty, Premier of Ontario, Members of the Federal and Provincial Legislature, and/or issuing Media Releases, expressing disappointment with the recent announcement by the Province to deviate from its original plan to construct the Highway 407 east expansion through Durham Region to Highway 35/115 by 2013 and to end construction at Simcoe Street in Oshawa; calling on the Federal Government to suspend fund transfers to the Province of Ontario resulting from the 2007 FLOW Agreement as recent announcements made by the Province represent a clear breach both in the spirit and word of the FLOW agreement as related to the Highway 407 extension; and, suggesting that the Province re-evaluate the benefits of building the 407 from Brock Street to Highway 35/115 as one continuous project. I - 11 Bryce Jordan, Principal, Planning Manager, Sernas Associates, writing on behalf of his clients, the Hoskin Family, extending appreciation to staff for meeting with him and Kevin Hoskin regarding proposed amendments to the Clarington Official Plan for the Clarington Technology Business Park Secondary Plan and advising that his clients are in agreement with the recommendations contained in the Addendum to Report PSD-079-10. I - 2 Minutes of the Ganaraska Region Conservation Authority dated May 20, 2010. Resolution #C-265-10 Moved by Councillor Foster, seconded by Councillor Novak THAT the Minutes of the Ganaraska Region Conservation Authority dated May 20, 2010, be received for information. "CARRIED" I - 4 Colette Caruso, Ontario Good Roads Association (OGRA), forwarding a Press Release announcing that OGRA applauds the decision of the Ministry of Transportation and Infrastructure Ontario in moving forward with the eastern extension of Highway 407 which, once completed, will represent a significant addition to the safe and efficient roadway system and will be a key factor in attracting and/or retaining business in the globalized world. Council Meeting Minutes - 10 - June 28, 2010 Resolution #C-266-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item I - 4, from the Ontario Good Roads Association, with respect to extension of Highway 407, be received for information. "CARRIED" I - 5 Federation of Canadian Municipalities (FCM) forwarding FCM's Report "Wake-Up Call: The National Vision and Voice We Need for Rural Canada", highlighting the growing crisis in rural Canada and its implications for Canada's national economy; questioning what role the federal government should play in rural communities; and, providing suggestions for changes to federal policies and programs to embrace rural Canada in Federal decision-making. Resolution #C-267-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item I - 5, from the Federation of Canadian Municipalities, with respect to FCM's Report "Wake-Up Call: The National Vision and Voice We Need for Rural Canada", be referred to the Clarington Agricultural Advisory Committee. "CARRIED" I - 6 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham, forwarding for information a copy of Joint Report 2010-J-27 of the Commissioner of Planning and the Commissioner of Human Resources and Corporate Services providing an overview of the key findings of the report entitled "Profile of Agricultural and Agri-business Attributes in the GTA", prepared by the Greater Toronto Area Agricultural Action Committee. Resolution #C-268-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I - 6, from the Region of Durham, with respect to Profile of Agricultural Attributes in the GTA, be referred to the Clarington Agricultural Advisory Committee. "CARRIED" Council Meeting Minutes - 11 - June 28, 2010 I - 12 K. R. (Bob) Malcolmson, CEO & General Manager, Greater Oshawa Chamber of Commerce, writing to the Honourable Dalton McGuinty, Premier of Ontario, expressing disappointment that the Province is breaking its commitment by changing the parameters for completion of the Highway 407 East extension, without any dialogue or input from the Durham community; indicating that at no time was phasing the Durham section of Highway 407 to Highway 35/115 discussed; advising the Chamber has major safety and economic concerns with the proposed end of link; questioning if it is the intention of the Government to pay for the major infrastructure upgrades needed to be completed on the Regional and municipal roads to accommodate the change or if costs are to be downloaded to Durham Region and Oshawa taxpayers; and, recommending that the Province reconsider and complete the entire route to Highway 35/115 as expeditiously as possible. Resolution #C-269-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT correspondence be forwarded to the Greater Oshawa Chamber of Commerce outlining Council's position on the extension of Highway 407; and THAT copies be forwarded to all parties listed on Correspondence Item I - 12 and on Mayor Abernethy's June 18, 2010, correspondence to Premier Dalton McGuinty. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Items D - 17 and D - 18 were received as Hand-outs. Resolution #C-270-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 10, and Hand-out Correspondence Item D - 18 be approved as per the agenda, with the exception of Correspondence Items D-3, D-7,and D-8. "CARRIED" Council Meeting Minutes - 12 - June 28, 2010 D - 1 Heila Pitter, Outreach Services Manager, Bethesda House, requesting permission to host the 6th Annual "Clarington Take Back the Night Walk", an international event for women to "reclaim" the streets after dark, to be held on September 14, 2010, from 6:00 p.m. to 9:00 p.m.; providing details of the route; and, advising liability insurance will be submitted to the Engineering Services Department. This year the organizers are extending an invitation to men of all ages to join women and children in the walk in support of a safer community for everyone. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Keri Semenko, Coordinator, Durham Region Diabetes Network, (DRDN) requesting Council to declare November 14th as "World Diabetes Day" to raise awareness of diabetes to the general public; to educate people with diabetes on improving knowledge of the disease to better understand the condition and prevent complications; and for governments and policy-makers to focus on advocacy aimed at communicating the cost-effective implications of diabetes prevention strategies and to promote diabetes education as a core component of diabetes management and treatment. (Proclaimed) D - 4 Correspondence has been received from the following individuals/groups regarding Camp 30; suggesting that Council work with the current property to restore the site for the education of future generations and possibly transform the site into an historic tourist destination: a) M. A. Mullin b) L. Bowen c) J. Armstrong (Correspondence referred to the Director of Planning Services) D - 5 Marianne Schlottke advising that due to the overwhelming interest in Camp 30 during the "Doors Open Clarington", her family was turned away because all tours were full; and, requesting that consideration be given to providing tours of Camp 30 again in the. near future for those who missed the opportunity during "Doors Open Clarington".. (Correspondence referred to the Director of Planning Services) Council Meeting Minutes - 13 - June 28, 2010 D - 6 Wayne Preston advising that the twelve homes on Veterans Avenue were constructed in 1946 from the barracks at Camp 30; and, suggesting that due to the unique nature of these buildings and their connection to Camp 30, a .greater recognition of the street, in addition to the poppy on the street sign, would be in order. (Correspondence referred to the Director of Planning Services) D - 9 Jennifer Cowie Bonne, Chair, Play Works, The Ontario Partnership for Active Youth, forwarding the 2010 Youth Friendly Community Recognition Program Application form, information on how the municipality can be recognized as "youth friendly" including brochures on the "Youth Friendly Community Recognition Program, 2010", the "Youth Friendly Communities: Good practices 2010" and "Be Recognized as a Youth Friendly Community: Small and Rural Communities: Lessons from the Field"; and, encouraging the Municipality to become and remain youth friendly and to strengthen its commitment to serving Ontario's adolescent population. Deadline for submission is December 2010. (Correspondence referred to the Director of Community Services) D - 10 Marie Meeks expressing concern that a fungus is growing rampant on many stone markers at the Bowmanville Cemetery; indicating that one of the monument companies has advised that it will cost approximately $200 per stone to remove the fungus; and, requesting that staff investigate cleaning the stones with a power washer to kill this fungus that is taking over the cemetery. (Correspondence referred to the Director of Operations) D - 18 Confidential Correspondence from Newecastle Recycling Ltd. regarding a Legal Matter. (Correspondence referred to the end of the Agenda to be considered during a "closed" session of Council) D - 3 George F. Vella, Vella & Pratt, Barristers and Solicitors, writing on behalf of Newcastle Condominium Corporations No. 3, 6 and 7, 120 Port Darlington Road, advising that water from Bowmanville Creek and the marina is eroding into the condominium properties and expressing concern that further dredging could cause additional damage to the condominium lands; indicating that the matter has been brought to the attention of the marina owners who have not made a realistic proposal for dealing with the erosion; and, Council Meeting Minutes - 14 - June 28, 2010 requesting that the Municipality not assist in any dredging of the Bowmanville Creek anywhere in the vicinity of the condominiums until the owner of the marina has put in place appropriate shoreline erosion measures to stop the erosion of the condominium properties. Resolution #C-271-10 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Correspondence D - 3 from George F. Vella, Vella & Pratt, Barristers .and Solicitors, with respect to dredging of the Bowmanville Creek, be referred to the 2011 budgetary process for discussion in conjunction with Report CAO-004-10 -Dredging of the Bowmanville Creek. "CARRIED" D - 7 Myno Van Dyke, Vice Chair, Newcastle Village Community Improvement Plan, advising that on May 20, 2010, the Newcastle Community Improvement Plan Liaison Group adopted resolutions requesting the Municipality to consider placing gateway signage on the east and westbound lanes of Highway 401 and the southbound lane of Highway 115 welcoming visitors to the Municipality and its communities of Newcastle Village, Orono, Bowmanville, and Courtice, as appropriate. Resolution #C-272-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D - 7 from Myno Van Dyke, Vice Chair, Newcastle Village Community Improvement Plan, with respect to Clarington Gateway Signs, be referred to the Director of Engineering Services and to the Director of Corporate Services. "CARRIED" D - 8 John R. O'Toole, MPP, Durham, writing on behalf of one of his constituents, requesting to be advised of what plans are in place to install signals at the corner of Highway 57 and Aspen Springs Drive. Mr. O'Toole indicates that he has been advised that the wait at this intersection can be upwards of five minutes and that although this busy intersection does not have signal lights, there are two sets of signals on Green Road at Highway 2 and at Baseline Road, a north/south road that is not yet a through street. Council Meeting Minutes - 15 - June 28, 2010 Resolution #C-273-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item D - 8 from John R. O'Toole, MPP, Durham, with respect to traffic signals at Highway 57 and Aspen Springs Drive, be referred to the Director of Engineering Services and to Durham Regional Council. "CARRIED" D - 11 M. Domovich, The Domus Group, expressing concern that his submission at the public meeting under the Planning Act concerning the Application to Amend the Clarington Official Plan and Zoning By- law by Lambs Road School Property Ltd. was limited to ten minutes and that no member of Council was willing to grant him an extra five minutes to complete his delegation. Mr. Domovich feels that Council's conduct creates the appearance of a bias, as he was the only person opposed to the application and suggests that Council's Rules of Procedure be changed to permit delegations to speak for twenty minutes. Resolution #C-274-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 11 from M. Domovich, The Domus Group, with respect to Council's Rules of Procedure, be received for information. "CARRIED" D - 12 Jim Freeman, President, Durham Region Labour Council, advising of an emergency resolution adopted by the Federation of Canadian Municipalities (FCM) calling on the government to expand the Canada Pension Plan (CPP), increase seniors Guaranteed Income Supplement (GIS) by 15%, protect Canadian pensions through a federal system of pension insurance and to call for a National Pension Summit; and, requesting that all Mayors in the Region of Durham send a letter to the Provincial Finance Minister urging him to support the principles of the resolution. Council Meeting Minutes - 16 - June 28, 2010 Resolution #C-275-10 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item D - 12 from Jim Freeman, President, Durham Region Labour Council, with respect to expansion of the Canada Pension Plan, be received for information. "CARRIED" D - 13 Mayor Ric McGee, City of Kawartha Lakes, providing details of a situation in which the City of Kawartha Lakes was ordered by the Ministry of the Environment to assume operational and financial responsibility for a cleanup of the road allowances and Sturgeon Lake resulting from a furnace oil leak on private property following the exhaustion of the property owner's insurance funds, despite the fact that the municipality had no involvement or responsibility for the furnace oil leak occurring; indicating. that if this practice becomes Standard Operating Procedure for the Ministry of the Environment it will negatively impact all municipalities within Ontario; advising that the Solicitor for the City of Kawartha Lakes has appealed the Ministry of the Environment Orders to the Environmental Tribunal; and, requesting that Council consider investing a small donation of two cents per resident or a minimum of $500 to this legal defense fund to ensure that no other municipality is placed in the position that Kawartha Lakes has been. Resolution #C-276-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT the resolution from the City of Kawartha Lakes, with respect to the Appeal of the Ministry of the Environment Order regarding a furnace oil leak, be received for information. "CARRIED" D - 14 J. W. Tiernay, Executive Director, Ontario Good Roads Association (OGRA) providing background information on the Minimum Maintenance Standards created to assist Ontario Municipalities in managing their risk from legal action stemming from personal injury on municipal roads; advising that there has been a recent application filed with the Superior Court of Justice to have the Minimum Maintenance Standards declared null and void; indicating that the application, if successful, will have huge implications for all Ontario municipalities in defending liability claims; advising that OGRA is filing a notice with the court to oppose the application on behalf of Council Meeting Minutes - 17 - June 28, 2010 their municipal members; and, requesting that each municipality consider contributing 10¢ per-capita with the maximum contribution capped at $50,000 and the minimum being $1,000, or to contribute any amount to the cause, noting that any funds not used will be refunded back to contributing municipalities on a pro-rated basis. Resolution #C-277-10 Moved. by Councillor Novak, seconded by Councillor Robinson THAT Correspondence Item D - 14 from J. W. Tiernay, Executive Director, Ontario Good Roads Association, with respect to the MMS Litigation Fund, be referred to the Director of Finance. "CARRIED" D - 15 Gary Jeffrey, Chair, Agricultural Advisory Committee of Clarington (AACC) advising Council that on June 10, 2010, the AACC adopted the following resolution pertaining to buffers for the long term viability of agriculture: "WHEREAS the Provincial Policy Statement, 2005 (PPS) is currently being reviewed and input is being sought on how it could be improved; AND WHEREAS the PPS sets the policy foundation for regulating the development and use of land in Ontario; AND WHEREAS the interface between agricultural lands and subdivisions (rural and urban) is an issue that requires the establishment of buffers for the long term viability of agriculture and will contribute to the quality of life for residents both urban and rural; THEREFORE BE IT RESOLVED THAT as part of the review the Province establish policy direction for the implementation of buffers to protect agricultural operations where they abut urban boundaries; AND FURTHER THAT this resolution and the attached information sheet be forwarded to the Ministry of Municipal Affairs and Housing and members of the Association of Municipalities of Ontario." Council Meeting Minutes - 18 - June 28, 2010 Resolution #C-278-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution from the Agricultural Advisory Committee of Clarington, with respect to buffers for the long term viability of agriculture, be endorsed; and, referred to the Director of Planning Services for consideration in conjunction with the Official Plan Process. "CARRIED" D - 16 Mrs. J. M. Spiers expressing concern with the method in which the government is conducting itself with respect to the installation of wind turbines in the Province; advising there is much information to cause considerable concern as to the negative impacts on public health, the environment and reduction to property values; suggesting that all levels of government need to be more involved in the efficient use of resources and less wasteful; and, requesting that Council do its due diligence, be more accessible and responsive to public concerns before rushing into this expensive and inefficient way of producing electricity. Resolution #C-279-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Mrs. J. M. Spiers, be advised of actions taken with respect to Report PSD-078-10 Green Eneray Act, and THAT a copy of the correspondence be forwarded to the Province of Ontario. "CARRIED" D - 17 Sara Gilroy, Chair, Promotions and Sponsorship, Durham Central Agricultural Society, Orono Fair, advising they have approximately 100 18" x 24" signs to be placed around Clarington roads and 20 4' x 6' signs to be placed on private property to advertise the annual Orono Fair; indicating that they had been advised by staff last year that they would not be affected by the new sign by-law; expressing concern that they will now be required to pay for a sign permit as well as $150 per sign for an approximate cost of $18,000 creating a significant financial burden on the fair which is in its 157th year. Council Meeting Minutes - 19 - June 28, 2010 Resolution #C-280-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT Correspondence Item D - 17, from Sara Gilroy, Chair, Promotions and Sponsorship, Durham Central Agricultural Society, with respect to signage, be referred to staff for a report back on July 12, 2010. "CARRIED" COMMITTEE REPORT(S) Report #1 -General Purpose and Administration Committee Report June 21, 2010. Resolution #C-281-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of June 21, 2010 be approved, with the exception of Items #7 and #24. "CARRIED" Item 7 Resolution #C-282-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report OPD-001-10 be received; THAT staff be authorized to proceed with the recommendations for Support Our Troops banners in Clarington; and THAT all interested parties be notified of Council's decision. "CARRIED" Item 24 Resolution #C-283-10 Moved by Councillor Robinson, seconded by Councillor Trim WHEREAS a resident of the Municipality of Clarington, Bryan Bickell, is a professional hockey player, playing for the Chicago Black Hawks, the 2010 Stanley Cup Winning Team; Council Meeting Minutes - 20 - June 28, 2010 AND WHEREAS the Municipality of Clarington is extremely proud of Bryan and his accomplishments: NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON: THAT July 8, 2010, be proclaimed "Bryan Bickel) Day" in the Municipality of Clarington and advertised in accordance with Municipal policy; and THAT a Stanley Cup Parade be approved for July 8, in Orono, provided the organizers of the event apply for and obtain a Road Occupancy Permit from the Engineering Services Department. "CARRIED" STAFF REPORT(S) Resolution #C-284-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report CLD-020-10 be received; and THAT the by-law attached to Report CLD-020-10 appointing Ms. Allison Genosko as a Parking Enforcement Officer be passed. "CARRIED" Resolution #C-285-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-081-10 be received and the letter attached as Attachment 1 to Report PSD-081-10 be endorsed. "CARRIED" Council Meeting Minutes - 21 - June 28, 2010 BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-286-10 . Moved by Councillor Woo, seconded- by Councillor Foster THAT Resolution #C-245-10 passed on June 14, 2010, as.it relates to referring Correspondence Item D - 2 to the Director of Corporate Services and Human Resources for response in accordance with Council Resolution #C-375-08 be reconsidered. "CARRIED" Resolution #C-287-10 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence Item D - 2 from June~14, 2010 concerning a matter that deals with labour relations or employee negotiations be referred to the end of the Agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS . Resolution #C-288-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-078-10 be lifted from the table. "CARRIED" Resolution #C-289-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-078-10 be received; WHEREAS the Province of Ontario has enacted the Green Eneray Act which exempts proposed wind farms from the requirements of the Planning Act, and has provided an expedited approvals process for such facilities under the Environmental Protection Act; AND WHEREAS such expedited approvals process has excluded members of the public and Ontario municipalities from providing input into the decision making process as it relates to public concerns and good planning principles; Council Meeting Minutes - 22 - June 28, 2010 AND WHEREAS the provincial approval process does not require the proponent of a wind farm to undertake studies to demonstrate that the proposed facility will not have any adverse effects on health or property values, or safety; AND WHEREAS studies undertaken to date on the health effects of wind turbines have been inconclusive; however, no studies have been undertaken to specifically address the safety and economic effects of wind farms in the Ontario context; AND WHEREAS there is no scientific basis for the setbacks for wind farms set out in Ontario Regulation 359/09; AND WHEREAS the Municipality of Clarington has to date been identified by two wind farm proponents for 10 megawatt and 20 megawatt installations and is concerned that the provincial approvals process will not adequately address residents' concerns with respect to the health, safety and property value effects of these facilities; AND WHEREAS other Ontario municipalities have also passed resolutions expressing concern with respect to the adverse effects of wind turbines; AND WHEREAS it is the responsibility of the Provincial government to ensure that the approvals process for proposed wind farms is sufficiently rigorous to ensure that the health, safety and economic interests of residents is not adversely affected by these facilities; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the Government of Ontario impose a moratorium on the approval of any wind farm applications until such time the government have undertaken studies to examine the health, safety and economic impacts of wind farms, including a cumulative effects analysis, and amend the Ontario Regulation 359/09 to reflect the findings and recommendations of such studies; AND FURTHER THAT this resolution be forwarded to the Minister of Energy and Infrastructure, the Environmental Commissioner of Ontario, the Premier of Ontario, and the members of the Association of Municipalities of Ontario, the Durham Region and surrounding MPPs and MPs; and the Federal and Provincial Ministers of Environment and Health; AND FURTHER THAT the Mayor of Clarington, on behalf of the Council of the Municipality of Clarington, write to the Board of Directors of the Association of Municipalities of Ontario requesting that the impacts, both positive and negative, of wind turbines be added as a topic to be discussed during the agenda of the 2010 AMO Conference; and THAT any interested parties listed in Report PSD-078-10 be notified of Council's decision. "CARRIED" Council Meeting Minutes - 23 - June 28, 2010 Resolution #C-290-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-079-10 be lifted from the table. "CARRIED" Resolution #C-291-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Addendum to Report PSD-079-10 and Report PSD-079-10 be received; THAT Map A Land Use and Primary Roads dated June 8, 2010, the final page of Attachment 3 in Report PSD-079-10 be replaced with Map A Land Use and Primary Roads dated June 22, 2010 as shown on Attachment 2 to the Addendum to Report PSD-079-10; THAT Official Plan Amendment No. 57 (Attachment 3 to Report PSD-079-10 as revised by Recommendation #3) be adopted and that the necessary by-law be passed; THAT Staff be requested to bring forward the zoning by-law to implement Official Plan Amendment No.57 at the first meeting of the General Purpose and Administration Committee Meeting on September 13, 2010; and THAT all interested parties listed in this Addendum to Report PSD-079-10 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-292-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the presentation of Glenna Raymond, President and CEO, Ontario Shores Centre for Mental Health Sciences, be received with thanks. "CARRIED" BY-LAWS Resolution #C-293-10 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2010-075 to 2010-083; Council Meeting Minutes - 24 - June 28, 2010 2010-075 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Jim Hamilton -Welcome Feeds) 2010-076 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ryan Realty Services Ltd. Courtice, Ontario, to enter into an agreement for Consulting Services for a Property Value Protection Program Resource Person for the Port Granby Long-Term Low-Level Radioactive Waste Management Project 2010-077 Being a by-law to update the By-law Governing the Emergency and Fire Services, and the Provision of Mutual Aid and Automatic Response, and to Repeal By-law 2007-134 (Governing By-law) and 80-9 (Regional Mutual Aid By-law) 2010-078 Being a by-law to authorize the execution of a Memorandum of Understanding between the Corporation of the Municipality of Clarington and Canadian Red Cross 2010-079 Being a by-law to amend By-law 2008-040, a by-law to appoint Members to the Newcastle Memorial Arena Board 2010-080 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 Kawartha Pine Ridge District School Board for the use of Sports Fields 2010-081 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Tedescon Infrastructure Ltd., Woodbridge, Ontario, to enter into an agreement for the Jane Street Reconstruction 2010-082 Being a by-law to appoint an individual as Parking Enforcement Officer and to repeal By-law 2008-056 (Allison Genosko) 2010-083 Being a by-law to adopt Amendment No. 57 to the Clarington Official Plan; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 25 - June 28, 2010 NOTICE OF MOTION Councillor Trim and Councillor Robinson gave notice that they will introduce the following motion at the next Council meeting: "THAT representatives from the Ontario Ministry of the Environment and Health be invited to present to Council details regarding wind turbines in the Province in general and Clarington in particular at a regular Council meeting this fall. Such subjects as health to humans/animals, noise and property value impact must be addressed by these representatives." OTHER INFORMATION Councillor Hooper referenced a newspaper article in which Community Care was noted as offering dancing, etc. and questioned whether this would be a duplication of services offered by the Clarington Older Adults Association and that representatives of the COAA have indicated that this will have a definite impact on the services they provide. It was suggested that Councillor Hooper contact Mr. Farr directly concerning the article. Councillor Woo felt references made to dancing in the article pertained to the Adult Day Program offered by Community Care and would not impact. programs at the Older Adults Centre. Resolution #C-294-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing two matters, a matter concerning litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and a matter that deals with labour relations or employee negotiations. "CARRIED" The meeting resumed in open session at 10:18 p.m. The Mayor advised that two items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Mayor Abernethy advised that Correspondence Item D - 18, which had been received as a handout, was from Newcastle Recycling Ltd. Council Meeting Minutes - 26 - June 28, 2010 Resolution #C-295-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D - 18 from Newcastle Recycling Ltd. regarding a legal matter, be referred to the Municipal Solicitor for a response. Resolution #C-296-10 "CARRIED" Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Item D - 2, from the Council Agenda of June 14, 2010, be received and that the request be granted. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecunia Interest Absent Councillor Foster Councillor Hoo er Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Ma or Aberneth CONFIRMING BY-LAW Resolution #C-297-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-084, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 28th day of June, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 27 - June 28, 2010 ADJOURNMENT Resolution #C-298-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 10:22 p.m. "CARRIED" MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS July 12, 2010 a) Representative of Candler Court Group -Report PSD-082-10 - To Permit the Development of a 1,643 sq. m., Three Storey Building for a Professional Dental, Medical Office with Pharmacy and Associated Parking Area (Item 2 of Report #1) b) Michael Hackenberger, Director, Bowmanville Zoo -Promotion of the Canadian Association of Zoos and Aquariums' (GAZA) Safeguards to Municipalities with Circus Exclusion By-taws (Correspondence Item D - 13) c) Angie Darlison, Executive Director, Clarington Older Adult Association - Report PSD-091-10 -Request by Durham Central Agricultural Society for Amendments to all Applicable By-laws~to Allow for Signage Without the Requirement to Pay any Fees (Correspondence Item D - 8) SUMMARY OF CORRESPONDENCE July 12, 2010 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Clarington Heritage Committee dated June 15, 2010. (Copy attached) I - 2 Minutes of the Central Lake Ontario Conservation Authority dated June 15, 2010. (Copy attached) I - 3 Minutes of the Clarington Agricultural Advisory Committee dated June 10, 2010. (Copy attached) I - 4 City Clerk, City of Toronto, advising Council that on June 8 and 9, 2010, Toronto City Council adopted the following resolution pertaining to an open, transparent and accountable Metrolinx: "1. City Council requests the Ontario Government to amend the governance of Metrolinx to make it open, transparent, and accountable to the public by requiring it to conduct its meetings in public, consistent with the rules governing municipal government; provide advance public notice of meetings; allow public deputations; and publish all reports, agendas, and minutes. 2. City Council forward a copy of this Item to Toronto MPPs and other Greater Toronto Area municipalities for their information." I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 23, 2010, Regional Council adopted the following resolution pertaining to additional sanitary sewerage capacity to service the Bowmanville Urban Area: "a) THAT staff be directed to continue with the design and construction of the expansion of the Port Darlington Water Pollution Control Plant and expedite the work; b) THAT staff be directed to negotiate with West Diamond Properties Inc., acting on behalf of a Bowmanville Developers group, to commence the class EA for the Diversion Pumping Station and Forcemain and that reimbursement to the developers of up to $500,000 of that cost be considered in the 2011 Sanitary Sewerage Servicing and Financing Study; Summary of Correspondence - 2 - July 12, 2010 c) THAT the option of diverting flows by pumping to the Courtice Water Pollution Control Plant be evaluated during the preparation of the 2011. Water Supply and Sanitary Sewerage Servicing and Financing Study and the 2011 Sanitary Sewerage Capital Budget and Forecast; and d) THAT a copy of Report No. 2010-W-87 of the Commissioner of Works be forwarded to the Municipality of Clarington, BILD Durham Chapter, and the Durham Region Home Builders Association." I - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Ministry of Transportation advising that on June 23, 2010, Regional Council adopted the following resolution pertaining to Emergency Detour Route Plan for Highway 401 and Highway 35/115: "a) THAT the Emergency Detour Route Plan be endorsed; and b) THAT a copy of Report No. 2010-W-100 of the Commissioner of Works be forwarded to the Ministry of Transportation, the Durham Regional Police Service, and the local area municipalities." I - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on June 23, 2010, Regional Council adopted the. following resolution pertaining to analysis related to the election of the Regional Chair and matters related to the question on the ballot: "a) THAT Report #2010-A-25 of the Regional Clerk be received for information; b) THAT the Clerk's Department be authorized to incur the additional costs as a result of submitting a question. to the electors on the October 25, 2010 municipal election ballot in an amount not to exceed $75,000 with the related financing to be at the discretion of the Commissioner of Finance; and c) THAT a copy of Report #2010-A-25 be forwarded to the area municipalities for information." Summary of Correspondence - 3 - July 12, 2010 I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable John Gerretsen, Minister of the Environment advising that on June 23, 2010, Regional Council adopted the - following resolution pertaining to proposed water opportunities and Water Opportunities Act: "a) THAT Joint Report No. 2010-J-33 of the Commissioners of Finance and Works be endorsed and submitted to the Environmental Bill of Rights Registry (EBR) as Durham Region's comments on the proposed Water Opportunities Act; b) THAT should revisions of the Water Opportunities Act be brought forward, additional consultation be conducted, or related draft regulations be released by the Province during the Regional Council summer recess, that staff be directed to prepare and submit Regional comments to the Ministry of the Environment (MOE); c) THAT the Province be requested to proactively consult-with the following agencies and organizations to develop a common template for reporting on municipal sustainability and conservation plans: Association of Municipalities of Ontario, Water Environment Association of Ontario,. Ontario Water Works Association, the Municipal Engineers Association, Ontario Public works Association, Regional Public Works Commissioners of Ontario and the Municipal Finance Officers Associations; and d) THAT a copy of Joint Report No. 2010-J-33 be forwarded to the Ministers of the Environment, Energy and Infrastructure, Economic Development and Trade, Municipal Affairs and Housing, and Research and Innovation, Durham MPPs, the Association of Municipalities of Ontario, and Durham area municipalities." I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable John Gerretsen, Minister of the Environment, advising that on June 23, 2010, Regional Council adopted the following resolution pertaining to Update on Durham Nuclear Issues and Responses to the Joint Review Panel on the New Nuclear Darlington (NND) Project Environmental Impact Statement (EIS) and Application for License to Prepare Site: "a) THAT Joint Report No. 2010-J-29 be endorsed; Summary of Correspondence - 4 - July 12, 2010 b) THAT Regional Council reconfirm that Durham Region, as an experienced and informed nuclear host community, is a willing and supportive host for the New Nuclear Darlington (NND) project which involves building up to four new reactors at the Darlington site; c) THAT Regional Council strongly oppose any design for the NND facility which would include the construction of cooling towers; d) THAT Regional Council reiterate to Ontario Power Generation (OPG), the Nuclear Waste Management Organization (NWMO) and the federal government, the Region's strong opposition to long-term storage of used nuclear fuel at the nuclear stations in Durham Region; e) THAT Regional Council direct the Regional Chair to write zto the federal government and the NWMO urging them to: i) accelerate planning and expedite development of low, intermediate and high level nuclear waste facilities to accept waste from all existing plants and proposed nuclear projects including new reactors, refurbishment and decommissioning of existing reactors; ii) provide assurance that the scope of the NWMO project includes spent fuel waste. produced by any new reactors built at Darlington; iii) expedite NWMO's Adaptive Phased Management (APM) process currently underway to find a suitable host community and build a centralized deep geological repository (DGR) to manage all used nuclear fuel produced in Canada; and iv) assure OPG and Durham Region that the centralized DGR will be designed to physically accommodate the waste from the proposed new reactors, regardless of the reactor technology selected; f) THAT Regional Council urge the federal and provincial governments to take a more integrated and comprehensive approach to planning new nuclear facilities and refurbishments including nuclear waste management; g) THAT Regional Council request the federal government to update the Nuclear Liability Act 1976 as soon as possible to: Summary of Correspondence - 5 - July 12, 2010 i) increase the amount of nuclear operator liability to reflect current costs of environmental damages; ii) index that amount to the annual inflation rate; and iii) include provisions for compensation entitlement to nuclear host communities, such as Durham Region; h) THAT Regional Council endorse the approach being advanced by Regional staff to establish a Regional Impacts and Services Agreement (RIBA) related to the NND project with OPG rather than a third party vendor. The purpose of the RIBA is to identify appropriate actions, compensations or mitigations to resolve impacts on Regional services or facilities over the life cycle of the NND project. Within the RIBA, the Region expects to deal with matters within its mandate such as: i) community wellbeing and quality of life; ii) provision of water and wastewater services; iii) timing and construction of Regional road improvements; iv) reduced lifespan of Regional roads and bridges due to the additional heavy truck traffic associated with NND haul routes, etc.; v) fair payment of taxes, user rates or development charges (or equivalent payments) as they relate to the project; vi) impacts on police, emergency medical (EMS), health, social and transit services and existing or new Regional facilities; -vii) revision of Durham Emergency Management Office (DEMO) nuclear emergency, evacuation and sheltering plans; and viii) continuity of the agreement(s) should OPG or the NND be restructured, sold or privatized in the future; i) THAT OPG be advised that Regional Council would anticipate negotiating with OPG arrangements with respect to ongoing monitoring and Environmental Assessment (EA) follow-up programs such as: Summary of Correspondence - 6 - July 12, 2010 i) the development of Traffic, Dust and Noise Management Plans; ii) peer reviews of future OPG studies such as the Traffic, Dust and Noise Management Plans; iii) .establishment and operation of a new air quality monitoring station in Clarington; iv) lake water modelling studies; v) monitoring of indicators of community wellbeing and quality of life during all phases of the NND projects; and vi) plans for timely removal of nuclear waste products; j) THAT Attachment 9 to Report No. 2010-J-29 be endorsed and forwarded to the federal Joint Review Panel as the Region of Durham's comments in regard to the adequacy and-accuracy of the Environmental Impact Statement (EIS) New Nuclear Darlington Environmental Assessment and Application for Licence to Prepare Site (Licence Application) for the New Nuclear Darlington (NND) Project with respect to the. Region's mandate and interests in the NND project; k) THAT as OPG progresses through the environmental assessment and approval processes for the NND project, the proposed refurbishment of the existing Darlington nuclear reactors, and the decommissioning of the Pickering Nuclear Generating Station (PNGS), OPG be requested to work with the .Region in an ongoing manner to identify, discuss, mitigate and/or address the combined impacts of those projects on Regional services or facilities; I) THAT a copy of Joint Report No. 2010-J-29 be forwarded to the federal Ministers of Natural Resources and of the Environment, the Nuclear Waste Management Organization, Ontario Minister of Energy and Infrastructure, Ontario Power Generation, the Canadian Association of Nuclear Host Communities (CANHC); and Summary of Correspondence - 7 - July 12, 2010 m) THAT a copy of this resolution be forwarded to the Ontario Ministers of the Environment, Municipal Affairs and Housing, and Health and Long-Term Care, Durham's MPs and MPPs, Hydro One, the Central Lake Ontario Conservation Authority (CLOCA), and Durham Region area municipalities, for their information with instructions on how to view the full report on the Durham Region website." I - 10 Heather Brooks, Director, Watershed Planning & Natural Heritage, Central Lake Ontario Conservation Authority (CLOCA) advising that on June 15, 2010, CLOCA adopted the following resolution: "THAT Staff Report#4897-10 be received; THAT the Aquatic Monitoring Program 2009 Annual Report be received and endorsed; THAT the Terrestrial Monitoring Program 2009 Annual Report be received and endorsed; THAT the Wildlife Monitoring Program 2009 Annual Report be received and endorsed; THAT the Durham Region Coastal Wetland Monitoring Report, 2009, be received and endorsed; and THAT the above noted reports be forwarded to the Authority's member municipalities." Copies of the above-noted reports were received on CD and have also been posted on CLOCA's website at www.cloca.com. I - 11 Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, writing to Michael Angemeer, President and CEO, Veridian Connections Inc. congratulating Veridian's Board of Directors and staff on being selected by Natural. Resources Canada as the 2010 Energy Star Utility of the Year. Summary of Correspondence - 8 - July 12, 2010 I - 12 Jamie Robinson, Director, Communications, Nuclear Waste Management Organization (NWMO), advising that in 2007, the Government of Canada selected Canada's plan for the long-term management of used nuclear fuel which involves the development of a large infrastructure project in an informed and willing host community; advising that over the past two years NWMO has worked collaboratively with interested organizations and individuals to design a fair and appropriate process for identifying a community to host the repository for Canada's used nuclear fuel; indicating that NWMO is providing an opportunity for interested individuals, organizations and communities to learn more about Canada's plan and the process; and, forwarding a copy of "Moving Forward Together: Overview of Canada's Plan for the Long-Term Management of Used Nuclear Fuel". The correspondence indicated that communities that express interest in learning more about the project are not obligated to participate in the site selection process. I - 13 Pat Perkins, Mayor, Town of Whitby, writing to the Right Honourable Stephen Harper, Prime Minister of Canada, acknowledging the Federal government's attempt to resolve complex and difficult issues related to international business and trade; expressing concern with the import of steel from overseas which is being brought into Canada at reduced prices after the importing company has paid substandard wages to its employees with unknown environmental controls and that other countries have exported product into Canada that have been subject to numerous unfair anti-dumping trade cases; advising that both. of these types. of trading negatively impact Canada's .steel industry and the standard of living for those individuals and communities who depend on it to provide for their families; and, questioning if there is some method to preserve and grow Canada's industrial base and jobs for Canadian residents. I - 14 Moin Khan, Project Engineer, Ministry of Transportation (MTO), notifying Council that the MTO has initiated a resurfacing project of selected ramps at Highway 401 from Neilson Road to Newtonville Road for improving driving conditions and highway operations, including the Mill Street interchange and the Newtonville Road interchange; advising the project will begin in early September 2010 and the anticipated completion will be at the end of October 2010; indicating that there may be lanes/ramps closures, minor traffic delays/disruption, traffic signal loops reinstatements and traffic control measures during construction; and, requesting to be advised of any potential issues or concerns with the work planned. Summary of Correspondence - 9 - July 12, 2010 I - 15 Ian Smith, Director, Source Protection Programs Branch, Ministry of the Environment, announcing that the Ministry of the Environment (MOE) has finalized the regulation in support of the development and implementation of source protection plans under the Clean Water Act. 2006; indicating that amendments to General Regulation O. Reg. 287/07 setting out the requirements for source protection plans will come into effect July 1, 2010 following a public consultation process; and, that information fact sheets will be forwarded and posted on the Ministry's website www.ontario.ca/cleanwater. I - 16 D. Paul Ayotte, Mayor, City of Peterborough, writing to the Honourable Dalton McGuinty, Premier of Ontario, expressing shock and dismay with the Province's decision to deviate from its original plan to construct the Highway 407 extension all the way through Durham Region to Highway 35/115 and to now take a phased approach with the first phase of Highway 407 construction ending at Simcoe Street in Oshawa; expressing concern that throughout the Environmental Assessment process, the Province repeatedly assured that the target date for completion of this project was 2013; indicating that providing a freeway that ends far short of its intended destination and deleting some of the required interchanges will result in regional and local road systems that will see even more traffic; and, requesting that the Province confirm its previous commitment to complete all of the works identified in the Environmental Assessment for the Extension of Highway 407 to Highway 35/115 by 2013. I - 17 The Honourable Dalton McGuinty, Premier of Ontario, writing to Mr. Glen Rainbird, Veridian Corporation, providing an explanation regarding the benefits of merging the GST and the PST into the Harmonized Sales Tax (HST) indicating the HST will build a stronger economy for Ontario by creating new incentives for Ontario businesses to grow, for new businesses to locate here and be more competitive in global markets and by creating new jobs; and, indicating that detailed information about the tax changes is available on the government's website at www.ontario.ca/taxchange. I - 18 Linda Gasser forwarding a copy of her delegation to Regional Council on June 9, 2010, concerning the incinerator wherein she outlined her concerns with Durham's commitments, A-7 guidelines and the Covanta Contract. Summary of Correspondence - 10 - July 12, 2010 1 - 19 Wendy Bracken forwarding a copy of her delegation to Regional Council on June 23, 2010, and copies of a memorandum from Chris Ollson/David Payne, Jacques Whitford to Dr. Kyle regarding the annual emissions summary from the Generic Human Health and Ecological Risk Assessment (HHERA) facility model and tables summarizing the annual emissions; expressing concern that facility emissions appear much worse for the new facility for many of the pollutants especially NOx, PM2.5, mercury, cadmium and dioxins/furans; and, outlining concerns with- the Covanta Contract. - 20 The Honourable Dalton McGuinty, Premier of Ontario,. thanking Council for providing feedback on the Highway 407 extension and indicating that he has forwarded a copy of Council's correspondence to the Honourable Kathleen Wynne, Minister of Transportation for a response. CORRESPONDENCE FOR-DIRECTION D - 1 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade. Committee, requesting permission to hold the 6th Annual Newcastle Santa Parade on Sunday, November 21, 2010; indicating that they have permission from the Newcastle BIA and will apply for the permits from the Municipality and the Region for the road closures; and, that their pyrotechnician requires proof of Council's approval to obtain the fireworks permit. (Motion to approve the parade and the fireworks display provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department .and a fireworks permit from the Municipal Law Enforcement Division) D - 2 Andrea Armstrong, Public Relations Specialist, M & M Meat Shops, advising that on September 16, 2010, M & M Meat Shops is encouraging families coast-to-coast to enjoy a meal together in celebration of the sixth annual "National Family Dinner Night"; indicating that M & M will be asking families to register their participation in National Family Dinner Night at www.nationalfamilydinnernight.com as of August 1, 2010 and that for every person who registers, M & M Meat Shops will donate $1 to the Crohn's and Colitis Foundation of Canada (CCFC); and requesting that September 16, 2010, be proclaimed as "National Family Dinner Night". (Motion to Proclaim) Summary of Correspondence - 11 - July 12, 2010 D - 3 Thomas H. B. Symonds, Chairman, Ontario Heritage Trust, inviting Council to participate in the 2010 Volunteer Recognition programs, including the Heritage Community Recognition Program, Young Heritage Leaders Program and Community Leadership Program; forwarding brochures outlining the eligibility criteria and nomination process; and, advising the nomination deadline is September 15, 2010. (Motion to refer correspondence to the Director of Planning Services) D - 4 Ruth Van Belle expressing disappointment with. the lack of maintenance of the landscaping on the medians on Highway #2 and suggesting that the municipality approach the contractors who built the medians and suggest that they be appropriately maintained so that they enhance the streetscape. (Motion to refer correspondence to the Director of Engineering Services and the Director of Planning Services) D - 5 Ken Willis, Secretary, Newcastle/Bond Head Ratepayers' Association, expressing concern with the proposed location of the new fire hall on Rudell Road in Newcastle due to its close proximity to a school, recreation centre and private residences; requesting that Council give consideration to other properties that have direct access to Highway 2; and, requesting a response prior to the September Council meeting. (Motion to refer correspondence to the Director of Emergency and Fire Services) D - 6 Jim Richards requesting that the Municipality enact an air quality by-law to protect citizens, especially young children, people with allergies and breathing problems, and the elderly, from the effects of current and proposed industries, such as the operations of St. Marys Cement, the proposed incinerator as well as the extension of Highway 407, in view of the already-burdened airshed in Clarington. (Motion to advise of actions taken with respect to Report PSD-088-10 - Item 1 a of Report #1) Summary of Correspondence - 12 - July 12, 2010 D - 7 Jean Graham, Chairperson, Newcastle Lions Club, requesting permission to host a 5km and 10km Walk for Dog Guides in Newcastle on Saturday, October 2, 2010, starting at 8:00 a.m. at the Community Hall; indicating the route and a copy of insurance coverage will be forwarded separately; advising that all money pledged goes to providing Dog Guide Teams to assist the blind, deaf and physically challenged; and, encouraging all interested residents to participate and support the 16th Annual Walk. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 8 -Angie Darlison, Executive Director, Clarington Older Adult Centre (COAA) Board, expressing concern with By-law 2009-123 - Clarington Sign By-law and its effects on non-profit organizations; indicating that since the implementation of the sign by-law, the COAA has been forced to remove its mobile road sign that had previously been placed on private lands to the west of Bowmanville for over two years; stating that with the high cost of local advertising and the Centre's inability to post any exterior signage on or surrounding the Beech Centre due to the Heritage designation, the mobile sign was a major source of advertising for the Centre; indicating that they have reviewed the sign by-law at length and have determined it would not be financially possible for the organization to afford the high costs associated with complying with the by-law; and, requesting that Council make an exception for the Centre similar to the Orono Fair and provide a sound conclusion to the matter that will not financially affect the Clarington -Older Adult Association. (Motion for Direction) D - 9 Nathalie Des Rosiers, General Counsel, Canadian Civil Liberties Association, expressing concern with Council's Procedural By-law 2007-22, particularly in reference to Jim Richards' delegation to Council of April 26, 2010, which was cut short under the authority of the By-law; acknowledging that procedural rules regarding speaking rights and decorum within public meetings may be important in structuring debate and discourse, and thereby serve to promote the democratic process; however, indicating that in no event should a constituent be censured simply because they criticized a public official for how they are conducting themselves in office, or because. Summary of Correspondence - 13 = July 12, 2010 they used the term "bully'; advising that the Procedural By-law prohibiting "disrespect" and "offensive words" is too broad a restriction on individuals' speech, particularly given that it governs public participation at an open Council meeting, where constituents can be expected to come to criticize elected officials and -their conduct in office; and, requesting that Mr. Richards be given an opportunity to complete his delegation and that Council repeal or significantly amend Procedural By-law 2007-22 to meet constitutional standards. (Motion for Direction) D - 10 Ken Willis, Secretary, Newcastle/Bond Head Ratepayers' Association, expressing concern with the lack of parking at the Bond Head parkette, particularly on the weekends, due to the number of boat trailers left in the parking lot forcing visitors, other than fishermen, to either leave or park along the road; and, requesting that Council consider appropriate solutions so that community members may enjoy the newly-created park. (Motion for Direction) D - 11 Angela Sharbot, Clerk/Economic Initiatives Administrator, Town of Atikokan, advising Council that on June 14, 2010, the Town of Atikokan adopted the following resolution pertaining to utility vehicles (UTVs): "WHEREAS Utility Vehicles (UTVs) are currently not of a prescribed class of vehicle to be allowed on provincial and municipal highways; and WHEREAS the Provincial Government through their vehicle licensing program recognizes UTVs as an All-Terrain Vehicle (ATV); and WHEREAS UTVs are insurable under the Insurance Act to be in compliance with the Highway Traffic Act and Off-Roads Vehicle Act; and WHEREAS manufacturers and retailers continue to build and sell UTVs; and WHEREAS there are economic benefits with the manufacturing, sale and use of UTVs; and WHEREAS there are further economic benefits in the tourism industry to develop ATV and UTV trails; and Summary of Correspondence - 14 - July 12, 2010 WHEREAS a thorough review of the Off-Roads Vehicle Act in conjunction with the Highway Traffic Act has not taken place to consider expanding UTVs as an allowable vehicle on provincial and municipal highways; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Atikokan requests the Minister of Transportation to give directive for a thorough review of the Off-Roads Vehicle Act to include ATVs in the Off-Roads Vehicle Act; and FURTHER BE IT RESOLVED THAT this resolution be forwarded to the Minister of Transportation and to Bill Mauro, MPP Thunder Bay- Atikokan; and all Ontario municipalities for further support." (Motion for Direction) D -12 Carolyn Downs,. City Clerk, City of Kingston, advising Council that on -June 15, 2010, the City of Kingston adopted the following resolution pertaining to prison farms: "WHEREAS the prison farms at Frontenac and Pittsburgh Institutions provide milk, eggs, and meat for 14 penitentiaries in Ontario and Quebec saving Canadian taxpayers from having to pay for this food for prison inmates; and, WHEREAS the prison farms provide inmates with real work to do while they serve their time, contribute to their rehabilitation, and allow them to "pay their way through agriculture"; and, WHEREAS on-going community efforts to save the prison farms have gathered increasing support both in Kingston and across the country; and, WHEREAS Kingston City Council wishes to make it absolutely clear to the federal government that we believe that the prison farms are a positive and productive element of our community and should not be closed; THEREFORE BE IT RESOLVED THAT City Council ask the federal government to reconsider its position and not close the prison farms in Kingston, and that a moratorium on the prison farm closures be put into place until a full public review of this decision takes place; and Summary of Correspondence - 15 - July 12, 2010 FURTHER THAT a copy of this motion be sent to the Prime Minister, the Attorney General of Canada, and the Minister of Public Safety, as well as the leaders of the opposition parties, and their appropriate critics for this portfolio, and all municipalities over 50,000, FCM, AMO, and Correctional Services Canada, asking for their support." (Motion for Direction) D - 13 Michael Hackenberger, Bowmanville Zoo, expressing appreciation to Council for supporting the Canadian Association of Zoos and Aquariums' (GAZA) position regarding the height for perimeter fencing at the Bowmanville Zoo adjacent to the elephants and large predators; expressing disappointment that many municipalities are simply passing. by-laws preventing circuses from performing within their boundaries, which is a breach of the Charter; suggesting that concerned municipalities should adopt a by-law similar to the by-law enacted by the City of Toronto which requires the appearance of any species of restricted animal within the boundaries of the municipality being contingent upon the animal originating from a GAZA accredited institution ensuring the highest level of animal welfare, conservation and education and to allow for neutral third party oversight with the experience to access appropriate captive zoological conduct; and, requesting that Council promote utilizing CAZA's expertise to establish appropriate levels of safeguards to those municipalities who have enacted circus exclusion by-laws across Ontario. (Motion for Direction) D - 14 Mayor Rick Bonnette, Town of Halton Hills, advising Council that on June 28, 2010, the Town of Halton Hills adopted the following resolution pertaining to a request to the Province to -cover all appeal costs to the Ontario Municipal Board for Growth .Plan Conformity Exercises: "WHEREAS the Province of Ontario initiated and passed the Places to Grow Act; AND WHEREAS pursuant to that Provincial initiative under the Places to Grow Act, the Province issued a Provincial Growth Plan for the Greater Toronto Area and pursuant to that Act requires municipalities at the Regional and Local levels to amend their Official Plans to bring them into conformity with that Provincial Growth Plan; Summary of Correspondence - 16 - July 12, 2010 AND WHEREAS the Province permits appeals of its approval decisions on Regional and Local Official Plans regarding conformity to be appealed to the Ontario Municipal Board despite the fact that any appeals of the Growth Plan itself are handled by way of a Hearing Officer who reports to the Province and the Province makes the final Decision; AND WHEREAS the defence of any Regional and/or Local Official Plan to achieve conformity with the Provincial Growth Plan can be a long and costly process in front of the Ontario Municipal Board; AND WHEREAS municipalities are expected to defend their Official Plans for conformity at the Ontario Municipal Board despite the fact that the municipalities have had to pass those municipal official plans by reason of the Provincial Places to Grow Act; AND WHEREAS in Halton, the Region of Halton has passed Regional Official Plan Amendments #37 and 38 as required by The Places to Grow Act and in the case of Regional Official Plan Amendment #37 that amendment was. approved by the Province and then appealed by development interests to The Ontario Municipal Board and the same is likely to occur with Regional Official Plan Amendment #38 and-with some if not all of the corresponding local official plan amendments; AND WHEREAS even without any appeals to the Ontario Municipal Board there are significant costs for municipalities participating in the Provincially required Growth. Plan conformity exercises pursuant to the Places to Grow Act; AND WHEREAS such municipalities should not have the added cost of participating in OMB appeals of the various Regional and Local Official Plans produced in compliance with Provincial requirement for conformity with the Provincial Growth Plan; AND WHEREAS the Province itself, in defending its Growth Plan and indeed other Provincial Plans such as the Greenbelt Plan has only hearing officer report exercises in response to changes and amendments sought by others to its Provincial Plans such as the Growth Plan and the Greenbelt Plan. Summary of Correspondence - 17 - July 12, 2010 NOW THEREFORE BE IT RESOLVED: THAT the Province of Ontario be requested to take responsibility for any Ontario Municipal Board appeal hearings related to any approvals of Regional and Local Official Plan Amendments that are passed pursuant to the Places to Grow Act in order to achieve conformity with that Act such that all costs related to defending a Growth Plan Conformity exercise before the Ontario Municipal Board are covered by the Province including the retention of any legal counsel, planning consultants, and other consultants and witnesses and also the time for Provincial or Regional or Local staff required as part of any defence before The Ontario Municipal Board. 2. THAT the Province of Ontario be requested to provide "intervener funding" to any municipalities affected by the appeal of any Growth Plan conformity, Official Plan amendment to The Ontario Municipal Board so as to enable the municipalities involved to defend their positions with respect to the Provincial Growth Plan conformity exercise before The Ontario Municipal Board without added cost to the Municipal Service and Delivery System and higher property taxes. 3. THAT a letter be sent by the Mayor along with this Resolution to the Premier of the Province of Ontario and the Minister of Municipal Affairs and Housing for their consideration and action in having the Province take the lead and the responsibility for the costs of any appeal proceedings before The Ontario Municipal Board on Growth Plan Conformity Official Plans by Regional and Local municipalities and by providing intervener funding to those municipalities who would be involved in any appeal proceedings respecting Growth Plan Conformity Exercises. 4. THAT this Resolution be forwarded to all of the Regional and Local Municipalities within the Greater Toronto Area and to the Association of Municipalities of Ontario for their support and endorsement of this Resolution and 5. THAT this Resolution be forwarded to the Wellington Halton Hills MPP, Mr. Ted Arnott, for his support of this Resolution. (Motion for Direction) Summary of Correspondence - 18 - .July 12, 2010 D - 15 Kristin Robinson expressing concern with many issues surrounding the incinerator project including the fact that the incinerator will not meet the updated A-7 Guidelines for dioxins and furans and carbon monoxide; questioning what the costs will be to bring the proposed RFP Technical Requirements up to meet the new A-7 guidelines and whether this cost was factored into the business. case; suggesting that the Commissioner of Works appears to not be aware of the status of the most expensive capital project undertaken by the Region; and, requesting Council to request routine updates from the Region regarding contract negotiations with Covanta; updates regarding the Ministry of the Environment decision on the Environmental Assessment including any conditions of approval; and, that Council commit to updating residents on this project byway of the municipal website and by email to the list of registered interested parties. (Motion for Direction) CLARINGTON HERITAGE COMMITTEE Minutes of Meeting June 15, 2010 MEMBERS PRESENT: Councillor Novak David Reesor Karina Isert James Rook Victor Suppan Ingrid Saravi Karin Murphy Leslie Wils ~: Duane Cook ~~~~...~' REGRETS: Isabel Little, Andrew Kozak,.. Pal Allore PLANNING STAFF: Faye Langmaid, Ruth?or~ras PRESENTATION: Courtice Corridor Study -1 David Reesor had taken photos of the. homes that mayt~e of interest along Highway 2 in Courtice. Ruth reviewed the study area boundary as some o~the homes identified are outside the Courtice Main Street Study area. 'The buildings from Iate,~18,Q0's early 1900's that were identified as being of interest are 1698, X21, 162p,.:16~6, and '~;~86. Additional photographs of these will be taken and fhey will be noted on the maps for;#f~e -Secondary Plan with appropriate policies to allow for their integration into the Mill Use area. ~: Also noted were the homes from tf~ 1920's to~~~he 1940's that form a cluster 1697, 1717, 1719 and 1721. These homes have an overall character that also should be noted and celebrated. r ~>. Ruth will work on some polic~es;to ad.~r-es. ~°~, is grouping as well. In addition, an overall emphasize of the social history, the families and their stories will be highlighted in the background to the study and some recommendations included to address how these stories cane°bs old. °-~.. .~: ADOPTION OF MINUTES: MOTION 10.15.. Moved by James Rook, Seconded by Leslie Wilson THAT the minutes from March 2, 2010 be accepted as amended "CARRIED" MOTION 10.16 ~ Moved by Mary Novak, Seconded by Leslie Wilson THAT the minutes from April 20, 2010 be accepted as .amended "CARRIED" MOTION 10.17 Moved by Leslie Wilson, Seconded by Karin Murphy THAT the minutes from May 18, 2010 be accepted as amended "CARRIED" CORRESPONDENCE CHC received notification from MTO that the 407 EAST EA has been approved with conditions. None of the conditions included change what the discussions have been with the consultant for heritage resources. Very disappointed that the Request for Proposals has been issued to only Simcoe Street. Will await additional information on the timeframe-for the remaining portion. Request Staff to determine what is happening to the heritage buil ''in Clarington, are they being rented out, moved, etc. Opening balance April 24 Orono CIP- Next Newcastle CIP - off the 401 to dire ;Id'~`aii May 2i that had been happened c Leslie Wilson accepted features and signage as you enter overall history completed since ~er the 5 years. of CIP, what the that time. It was Next meeting is Clarington Offic~~~fR;lan 'F "'w -CHC committee is looking for policies to review. Faye will determine when th ~~ a released to committee and let members know. 57 Mill Street South -demolition permit has been signed and issued. July 5~' GPA will have a report on the removal of holding for the zoning; the elevations will be ready for this meeting. Tooley Cairn- Faye provided wording that Martha has been working on and also a photo of what- the cairn will look like. Leslie is going to tweak the wording and get back to Faye before the end of the week as Peter Windolf needs the wording to order the plaque.. The wording has to be kept short to use the bronze process otherwise a different process for the lettering has to be used. 2 :FINANCIAL REPORT The CHC would very much like to be involved with the opening ceremony. Vic will work with Peter Windolf on this for a September date. Doors Open -Leslie reported that the line-ups to get into the Ebor house were lengthy but well worth it. Over 500 people went through the home. Owner very pleased. Camp 30 had over 1000 attend the guided tours, they had to turn people away near the end of the day. June 26~' Tour- Newcastle/Bondhead -Two tours on King Street ate 10 a.m. and 3 p.m., the ~:.. ,. Bondhead portion is self-guided. „ 4 PROJECT REPORTS Website Development -Vic has compiled information on the website~` hat the committee had been reviewing. Waiting on Andrew for direction on haw~to proceed. "~ ~,~~. Inventory Update -Progressing in Clarke, some interes ng - areas m 1Vewtonville and ~.~ ,~< surrounding area, including the Clarke Union Church. The ~.N~ewtonville Book is wing sold at the Auction Hall in Newtonville. `" ~~=~w.~ ;~ k.~~: NEW BUSINESS `'z 122 Kina Street East, Bowmanville -demolition order has been=issued under property standards. ~`~_~y~~ ~t ~ { :; ; TY'. ~~WV:tf 1 A. i'i,R v..- Camp 30 -demolition order has:been issued under~proper'ty standards on Administration Building (fire damaged~biailding). ` ~`-: 7755 Old Scuao Road.- Vic appeared at GPA insupport of the Committee of Adjustment condition that this buildingbe added tQ the Municipal Register to receive the minor variance on the propert~r,. Council has approved adding Ih~s.6ialding to Municipal Register. The building is the former site'ot•~he McLaiagtlin Carriage Works (before it moved to Oshawa). New house on Elgin- James is watching with interest (as is Andrew) to see if it will meet the character of the other build~ngs in the area. This is an example of infill in Old Bowmanville. ;~ Roy Nichols `.new buildin,~- Vic will prepare a letter to them based on the discussion at the meeting about highlighting he historical past of Courtice. Roy Nichols celebrated their 75"' a number of years ago and had some very interesting early photographs, it might be possible to include these as murals in or on the new addition. Meeting adjourned by David -Next Meeting September 19, 2010 Meeting Room 1A, 7:00 pm 3 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY MINUTES NO. 6 AUTHORITY MEETING Tuesday. June 15.2010 - 5:00 P.M. ~ _ 2 MEETING LOCATION: 100 WHITING AVENUE, OSHAWA AUTHORITY'S ADMI1~iISTRATNE OFFICE, BOARDROOM Present: R. Johnson, Chair G. Emm, Vice Chair S. Crawford J. Drumm A. Foster J. Gray R. Hooper J. Neal M. Novak M. Peazce P. Perkins J.R. Powell, Chief Administrative Officer D. White, Director, Corporate Services H. Brooks, Director, Watershed Planning & Natural Heritage C. Darling, Director, Development Review & Regulation G. Geissberger, Marketing & Communications Coordinator M. Hrynyk, General Superintendent P. Lowe, Director, Watershed Stewazdship & Community Outreach P. Sisson, Director, Engineering & Field Operations G. SooChan, Director, Groundwater M. Stauffer, Administrative Assistant/Recording SQCretary Absent: A. Cullen D. Mitchell B. Nicholson The Chair called the meeting to order at 5:02 p.m. DECLARATIONS of interest by members on any matters herein contained -NONE ADOPTION OF MINUTES Res. #78 Moved by G. Emm Seconded by R. Hooper THAT the Authority minutes of May l8, 2010 be adopted as circulated CARRIED DIRECTOR, DEVELOPMENT REVIEW & REGULATION (1) Staff Report #4904-10 (attached as Schedule 3-1 to 3-5) Re: Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses -May 1-31, 2010 Res. #79 Moved by G. Emm Seconded by A. Foster THAT the attached applications be approved and the respective permits be issued. CARRIED AUTHORITY MEETING -JUNE 15, 2010 -PAGE 2 (2) Staff Report #: Applicant/Owner: File No.: Application: Location: Res. #80 Moved by S. Crawford Seconded by J. Drumm 4906-10 (attached as Schedule 3-6 to 3-10) Brookvalley Developments Inc. W 10-092-GI-iA - IMS: RPRG3548 application to relocate a section of watercourse Part Lot 19, Concession 6, Town of Whitby East of Thickson Road, south of Columbus Road THAT application W10-092-GHA for re-location of a tributary ojOshawa Creek with associated works in the flood plain be approved subject to the following conditions: 1. Prior to the issuance of a permit the applicant shall submit revised plans to the satisfaction of Authority staff. 2. .The project shall be carried out in accordance with approved plans as submitted in support of this application. 3. Prior to the commencement of site works, the applicant shall erect sedimentation controls to prevent sediment from washing into the watercourse and/or downstream of the site. These controls shall be maintained in good working order until the site has been stabilized 4. The project shall be undertaken between the period of July 1 ~` and September I S`~' and shall generally conform to the recommendations contained in the Letter of Advice pertaining to the project (draft copy attached). S. No works shall be undertaken, or equipment enter into the watercourse beyond the proposed work diversion area. 6. All disturbed areas shall be seeded, sodded; or stabilized in some other manner acceptable to the Authority as soon as possible. CARRIED DIRECTOR; ENGINEERING & FIELD OPERATIONS (1) Staff Report #4891-10 (attached as Schedule 4-1 & 4-3) Annual Updating of Regulation Mapping Res. #81 Moved by J. Gray Seconded by A. Foster THAT Staff Report #4891-10 be received for information, and that the submitted Regulation Mapping Updates be endorsed and accepted for implementation of CLOCA Regulation 42/06, Regulation of Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses; THAT this report and recommendation be forwarded to the Conservation Qntario Regulation Peer Review Committee and the Ontario Ministry of Natural Resources; and, THAT the municipalities within CLOCA's jurisdiction be provided the updated regulation mapping. CARRIED P. Perkins arrived. at 5:05 p.m. `DIRECTOR, GROUNDWATER RESOURCES (1) Staff Report #4902-10 (attached as Schedule 5-1 to 5-4) CTC Source Water Protection -Chair's Quarterly Report Res. #82 Moved by J. Neal Seconded by M. Pearce THAT Staff Report #4902-10 be received for information. CARRIED AUTHORITY MEETING -NNE 15, 2010 -PAGE 3 (2) Staff Report #4901-10 (attached as Schedule 5-5 to 5-9) CTC Source Water Protection -'CLOSPA Proposed Assessment Report Res. #83 Moved by R. Hooper Seconded by J. Gray THAT Staff Report #4901-10 be received for information. CARRIED DIRECTOR, WATERSHED STEWARDSHIP & COMMUNITY OUTREACH (1) Staff Report #4900-10 (attached as Schedule 6-1) A Watershed Moment - 2009 Year in Review (report previously circulated to members and stain Res. #84 Moved by G. Emm Seconded by S. Crawford THAT Staff Report #4900-10 be received for information; THAT A Watershed Moment - 2009 Year in Review be reviewed, and Board members provide feedback to staff by June 25, 2010 at which time staff will print for distribution and update the website. CARRIED M. Novak amved at 5:06 p.m. (2) Staff Report #4905-10 (attached as Schedule 6-2 to 6-4) Durham Eco-House Res. #85 Moved by A. Foster Seconded by P. Perkins THAT Staff Report #4905-10 be received for information; and, THAT the Central Lake Ontario Conservation Authority Board of Directors recommend staff continue their involvement in the Durham Eco-House project as outlined in this information report CARRIED Members directed staff to report back regarding the best practices for property site plans that incorporate sustainable landscape design features for water conservation, storm water management and requirements for top soil depths to improve water retention. DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE (1} Staff Report #4897-10 (attached as Schedule 7-1 & 7-2) 2009 Annual Monitoring Reports: Aquatic, Terrestrial, Wildlife and Coastal Wetlands (previously circulated to members and stain Res. #86 Moved by M. Novak Seconded by R. Hooper THAT Staff Report #4897-10 be received; THAT the Aquatic Monitoring Program 2009 Annual Report be received and endorsed; THAT the Terrestrial Monitoring Program 2009 Annual Report be received and endorsed; THAT the Wildlife Monitoring Program 2009 Annual Report be received and endorsed; THAT the Durham Region Coastal Wetland Monitoring Report, 2009 be received and endorsed; and, THAT the above noted reports be forwarded to the Authority's member municipalities. CARRIED (2) Staff Report #4898-10 (attached as Schedule 7-3 to 7-5) Black Harmony Farewell Watershed Outreach Event Conclusion AUTHORITY MEETING -JUNE 15, 2010 -PAGE 4 Res. #87 Moved by A. Foster Seconded by J. Neal THAT Sta, fj°'Report #4898-10 be received for information. CARRIED M. Novak inquired about the location of the open house. H. Brooks noted that the event was geared to a targeted audience and this location was central to the area. Pre-registration is an option which may increase attendance as may a location which provides multiple services. (3) Staff Report #4899-10 (attached as Schedule 7-6) MNR Natural Heritage Reference Manual, 2010 Res. #88 Moved by P. Perkins Seconded by A. Foster THAT Staff Report #4899-10 be received for information. CARRIED (4) Staff Report #4903-10 (attacied as Schedule 7-7 & 7-8) Heber Down Conservation Area Management Plan -Public Information Centre Res. #89 Moved by M. Novak Seconded by G. Emm THAT Staff Report #4903-10 be received for information. CARRIED M. Peazce inquired about signage at Heber Down Conservation Area, regarding the public information session and also directing visitors to the website for more information. H. Brooks noted that a sign would be posted at the kiosk in the Conservation Area. DIRECTOR,. CORPORATE SERVICES (1) Staff Report #4896-10 (attached as Schedule 8-1 & 8-2) "Micro" Renewable Electricity Generation Project Res. #90 Moved by M, Novak Seconded by G. Emm THAT staff proceed with an application to the Ontario Power Authority for a photovoltaic micro generation project at the office site; and, THAT staff develop proposal calls and invite the following three firms to submit a proposal: • Generation Solar Renewable Entergy Systems Inc.; • Green Technology Solar Energy; • Solar Sustainable Energy Company; and, THAT Staff report back on the proposals and recommendations for a Micro FIT renewable energy project CARRIED D. White answered questions from members. Discussion ensued. Members were asked to submit names of any additional companies to be requested to submit proposals. (2) Staff Report #4895-10 (attached as Schedule 8-3 to 8-19) Purple Woods Heritage Hall (previously circulated to members and staffl Res. #91 Moved by J. Neal Seconded by G. Emm THAT Staff Report #4895-10 be received for information and direction. CARRIED AUTHORITY MEETING -JUNE 15, 2010 -PAGE 5 D. White and R. Powell answered questions from members. M. Pearce commented that this initiative will be a strong generator for economic development and tourism within the Region of Durham. Heritage Hall will allow visitors to appreciate the natural and cultural heritage of this area. R. Johnson noted that this would be part of our legacy for our community, allowing partnership opportunities that promote our watershed-based objectives and environmental initiatives. Discussion ensued. Members directed staff to proceed with pursuing funding opportunities and report back with afund-raising plan detailing our options and opportunities. MUNICIPAL & OTHER BUSINESS A Foster thanked staff for their participation and assistance in the Courtice Lions Club Trail M. Pearce noted that Scugog Council recently passed a new fill by-law, which will be circulated to member municipalities ADJOURNMENT Res. #92 Moved by J. Neal Seconded by G. Emm THAT the meeting adjourn. CARRIED The meeting adjourned at 5:55 p.m. CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, JUNE 10, 2010 MEMBERS PRESENT: Tom Barrie Ted Watson Donald Rickard Gary Jeffery Brenda Metcalf Eric Bowman Marlene Werry -Durham Region Henk Molders REGRETS: Mark Bragg Ross McMaster ABSENT: Mary Ann Found Jennifer Knox STAFF: Faye Langmaid Dean Jacobs Councillor Gord Robinson -,. Orwin Bandstra GUESTS: Kathryn Kram -Friends of the Greenbelt Foundation Kathy McPherson -Friends of the Greenbelt Foundation (via tele-conference) ADOPTION OF AGENDA 10-17 Moved by Brenda Metcalf,.~,~conded by Tom Barrie 'That the Agenda for June 10, 2,010 be adopfed." "CARRIED" APPROVAL Of MINUTES 10-18 Moved ,by Eric Bowman, seconded by Ted Watson "That the minutes of the May 13, 2010 meefing be approved." "CARRIED" I-3 GUESTS: Kathryn Kram (Friends of the Greenbelt Foundation) Kathy McPherson (Friends of the Greenbelt Foundation - via tele- conference) Kathy McPherson, the Research and Policy Director for the Friends of the. Greenbelt Foundation, provided a short background on .the role of the Foundation and an introduction to the research project that the Greenbelt Foundation has completed which analyzed the extent to which land use regulation barriers affect value-added agriculture in Durham, York, Peel and Halton Regions. Kathryn Kram, a recent graduate from Ryerson University and member of the research team, provided a Power Point Presentation, highlighting the following: • The mandate and study approach: the focus of the study was narrowed to include a review of Regional Official Plans and interviews with a number of planners, an economic development officer and a farmer. f; • Background: ,~,~~.~:._. o Earning extra income through a range cif on-farm., activities has become more important in helping farmers remain viable; o Farmers in GTA and across Ontario fiace increased' dependence on off- farm income and there is a reluctance by the younger generation to enter the industry; ~ . - ` ~ ~::~, o GTA farms face unique set of challenges ;and opportunities-due to their close proximity to urban uses. • Defining "Value added agriculture" -looking atrecent attempts to define the term; • Land Use Planning .legislation and regulations and how it relates to agriculture and value added activities; °`~~~ ~;~~ ~ ,. ~ . • A summary of the interviews and results : . _. o Restrictions.. to using off-farm locate products and PPS policies in general were seen as significant bamers`~ o MDS.was generally seen as`a barrier to farm expansion; o Prohibiting severances was not seen as barrier.. • Findings of reviewing Regional Official Plans of Durham, York, Peel and Halton as they relate to value-added activities; k, , • Findings of lower tier"case studies: Clarington and Caledon Official Plans; • Directions for'fiarther research: approach further research from the lower level upwards and examine property tax issue, zoning to support co-operative processing, Development Permit System, aril changes to the PPS. ~`i~ it `~ ~i Questions/Answer Session:: `~t ~, ~ , z:~ Henk expressed con.cem aver MPAC's approach towards value added activities. Kathy stated that the Foundation have had discussions with OFA and OMAFRA to set up a committee to look into the taxation issue -current status unknown. Kathy and Kathryn feel that the Regional Policy seems to be broad enough, while local authority policies in terms of value added activities can be improved. Faye asked if the price of land inside the Greenbelt increased when the Greenbelt Plan was introduced and how does it compare with "white belt" lands? Kathy indicated that no comparison was done between the Greenbelt and the white belt lands, but MAPC assessment values did go upon all agricultural lands in the GTA. AACf: .lunw 1n. 9~1~ Gary thanked Kathryn for attending and providing the information and invited her to stay for the remainder of the meeting. BUSINESS ARISING FROM MINUTES In response to the concerns expressed by the Committee regarding the application of the Minimum Distance Separation (MDS) formulae, and in view of the Provincial Policy Statement 2005, (PPS) that is currently being reviewed, the Committee passed the following motion: 10-19 Moved by Ted Watson, seconded by Tom Barrie "Whereas the Provincial Policy Statement, 2005 (PPS) is currently being reviewed and input is being sought on how if could be improved; And Whereas the PPS sets the policy foundation for regulating #hedevelopment and use of land in .Ontario; And Whereas the interface between agricultural lands and subdivisions (rural and urban) is an issue that requires the establishment of buffers for the long term viability of agriculture and will contribute to the quality of life for residents both urban and rural; . Therefore be it resolved that as part of the review the Province establish policy direction for the implementation of buffers to protect agricultural operations where They abut urban boundaries; ~° And fun`her that this resolution and the attached information sheet be forwarded to the Ministry of Municipal Affairs and Housing and members of the Association of Municipalities of Ontario. n - - . CORRESP©NDENCE A letter dated May 12, 2010 from the Mayor of Halton Hills that was presented to the Clarington Council on May 31, 2010, in which the Council is advised of a resolution by the Town of Halton Hills in which they urge the Government of Canada to .reverse its decision to terminate funding for the Statistics Canada Rural Research Group. The Research Group provides critical statistics and analysis on agricultural and rural matters and that their work provides an important input to rural. sustainability. Council has endorsed the resolution provided by Halton Hills. The Minister of Municipal Affairs and Housing's draft decision dated March 12, 201.0 on Regional Official Plan Amendment No. 128, proposes certain modifications to the Region adopted policies and schedules which includes the removal of the proposed Courtice urban boundary expansion to add lands between Courtice Road and the future 407 east link for Employment Lands purposes. Council has responded to the draft decision with a resolution requesting the lands be included as Employment Lands.. AACC Jung 10. 9(11A REPORTS FROM OTHER COMMITTEES DAAC DAAC tour, September 17 in Clarington: Ted Watson informed the Committee that the tour will start at the Baseline Community Centre and the tour will include visits to Algoma Orchards and Barrie's and Watsons' farms. Dufiam Federation of Agriculture No report. Clarington Board of Trade Donald mentioned that he expressed concern to the Clarington Board of Trade regarding the imposition of many -rules on farmers e.g. Clean Water Act, Pesticide Act, MDS, Planning regulations, and he re-iterated that agriculture is a business and a key part of the local economy. He requested .the Board of Trade to further discuss and investigate ways in which they can support the .agricultural community_~_„ ,._ OTHER BUSINESS .~:~~ Faye reported that the EA for the 407 extensionvan~d the 2 links have been approved. The conditions of approval allow the extension to be phased. The 1St phase it appears by the request for qualifications is only up to Simcoe' Street. Approval of the EA will allow for expropriation if there is no willing seller.: Gary mentioned that a solar_ farm proposed in Lanark County is on a 50 acre parcel of land, and pointed out, that it cannot be on Class 1, 2, or 3 soils. ~:3.r On April 8"', 2010, the Ontario Power Authority issued three FIT (Feed-in Tariff) contracts in Clarington:. a solar, farm ~- ,Hybridyne (Brownsville) and 2 wind farms: Leader Energy and Zep Wind Farms (the geographic location of the two wind farm contract 'areas, which is subject to a list of specialized studies, is shown on the map attached`to the minutes). The actual sites where the wind turbines are proposed are not kcnown yet. A technical working group led by the Chief Medical Officer of Health (CMOH) has released a synopsis of existing scientifc evidence on the potential health impact of noise generated by wind turbines. The review concludes that while some people living, near wind turbines report symptoms such as dizziness, headaches, and sleep .disturbance, the scientific evidence available to date does not demonstrate a direct causal link .between wind turbine noise and adverse health effects. The Green Energy Act requires public consultation only at the end of the approval process and with the. relevant municipality, municipal approval of the project is not required. As such, the Municipality has little input other than as an information provider. An Executive Summary Profile. of Agricultural Attributes in the GTA, dated March 2010 and prepared by Planscape Inc. (distributed at the meeting). Moved to Adjourn: Donald Rickard Next Meeting: August 26, 2010 7:30 p.m. Aacc .IunR gyn. ~n~n • arm n Energizing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF JULY 12, 2010 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JULY 5, 2010 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-088-10 Request For Air Quality By-Law (b) COD-044-10 Joint Health And Safety Committee - 2009/2010 Summary 2. TO PERMIT THE DEVELOPMENT OF A 1643 SQ.M., THREE STOREY BUILDING FOR A PROFESSIONAL DENTAL, MEDICAL OFFICE WITH PHARMACY AND ASSOCIATED PARKING AREA THAT Report PSD-082-10 be received; THAT the application continue to be processed including the preparation of a further report; and THAT all interested parties listed in Report PSD-082-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARtNGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report.#1 - 2 - July 12, 2010 3. APPLICATION TO AMEND ZONING BY-LAW 84-63 TO FACILITATE A LOT BOUNDARY ADJUSTMENT AND TO PERMIT A GREENHOUSE EXPANSION BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AGRICULTURAL BUILDINGS FROM 46.25% IN ADDITION TO PERMITTING A SECOND DWELLING FOR FARM EMPLOYEE USE ONLY APPLICANT: HENK AND LISA MOLDERS THAT Report PSD-083-10 be received; THAT Staff continue processing the application to amend Zoning By-law 84-63; and THAT all interested parties listed in Report PSD-083-10 and any delegations be advised of Council's decision. 4. OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT THE DEVELOPMENT OF EIGHT NEW LOTS FOR SINGLE DETACHED DWELLINGS APPLICANT: MIKE RICCIUTO, HEATHER RICCIUTO, ANTONIO RICCIUTO, ISOLINE RICCIUTO, GINA STONE & RUSSELL STONE THAT Report PSD-084-10 be received; THAT the applications to amend the Clarington Official Plan (COPA 2003-009) and Zoning By-law 84-63 (ZBA 2003-036) continue to be processed, including the preparation of a subsequent report considering all agency comments and comments raised at the Public Meeting; and THAT all interested parties listed in Report PSD-084-10 and any delegations be advised of Council's decision. 5. APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT APPLICANT: BARR'S DEVELOPMENT LIMITED THAT Report PSD-085-10 be received; THAT the revision proposed to the zoning by-law amendment is deemed minor and no further public notice is required; THAT the rezoning application submitted by Strike Furlong Ford on behalf of Barr's Development Limited be approved and that the Zoning By-law Amendment as contained in Attachment 2 to Report PSD-085-10 be adopted; and THAT all interested parties listed. in Report PSD-085-10 and .any delegations be advised of Council's decision. Report #1 - 3 - July 12, 2010 6. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: HANNU HALMINEN THAT Report PSD-087-10 be received; THAT the application submitted by Hannu Halminen to remove the Holding (H) symbol be approved; THAT the attached By-law to Report PSD-087-10 to remove the Holding (H) symbol from Block 26 40M-2265 be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-087-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. 7. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: F & 1 GATEWAY INVESTMENTS INC. THAT Report PSD-089-10 be received; THAT the application to remove the (H) Holding Symbol be approved and that the By-law attached to PSD-089-10 be passed; and THAT all interested parties listed in Report PSD-089-10 and any delegations be advised of Council's decision. 8. PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A RESTAURANT WITH ADRIVE-THROUGH FACILITY AND A FUEL BAR WITH A CONVENIENCE STORE AND A CAR WASH FACILITY THAT Report PSD-090-10 be received as amended to delete the last sentence of the fourth bullet of Section 9.5, which states that "a cost sharing agreement between Clarington and Region will be required to fund the installation of the signal' ; . THAT the application submitted by Martin Road Holdings Ltd. to amend the Clarington Official Plan (Amendment No. 70) as contained in Attachment 4 to Report PSD-090-10 be adopted and that the necessary by-law be approved; THAT the by-law to amend the Comprehensive Zoning By-law 84-63 contained in Attachment 5 to Report PSD-090-10 be passed to implement Official Plan Amendment No. 70; and THAT the interested parties listed in Report PSD-090-10 and any delegations be advised of Council's decision. Report #1 - 4 - July 12, 2010 9. KENDAL DRAINAGE REVIEW THAT Report EGD-021-10 be received; THAT Engineering Services recommend the implementation of the preferred Option #3 contained in report EGD-021-10, Construction of a ditch on the south side of Regional Road 9, directing flow easterly to the watercourse immediately east of Regional Road 18; THAT Engineering Services complete the detailed design for Option #3 and conduct a Public Information Centre for this project and obtain input from area residents and stakeholders; THAT construction of the recommended option be completed in 2010 construction season; THAT funding for the works be reallocated from the Bowmanville Creek Erosion Protection budget item, account no. 110-32-340-83234-7401; and THAT remaining funds from the. Bowmanville Creek Erosion Protection account be carried over to the 2011 Budget and additional funding to complete the work be considered as part of the 2011 Budget. 10. HORSEY STREET RECONSTRUCTION, LOWE STREET TO CONCESSION STREET. WEST -PUBLIC INFORMATION CENTRE THAT Report EGD-022-10 be received; THAT Staff proceed to finalize the detail design and prepare tender documents based on the information received at the Public Information Centre; THAT Staff defer tendering the work until such time that the Region of Durham has re-budgeted funds for their share of the works; and THAT all those who attended the Public Information Centre and who have contacted the Municipality as interested parties be informed of this Report. Report #1 - 5 - July 12, 2010 11. PORT OF NEWCASTLE SUBDIVISION PHASE 1 STAGE 5, PLAN 40M-2220, NEWCASTLE, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-023-10 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2220; and THAT Council approve the by-laws attached to Report EGD-023-10, assuming certain streets within Plans 40M-2220 as public highways. 12. CLARINGTON/PORT HOPE BOUNDARY ROAD AGREEMENT CLARINGTON/KAWARTHA LAKES BOUNDARY ROAD AGREEMENT THAT Report EGD-024-10 be received; THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement between the Municipality of Clarington and the Municipality of Port Hope; THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement between the Municipality of Clarington and the City of Kawartha Lakes; THAT Council pass the appropriate by-laws confirming each of these agreements; and THAT the Municipality's Solicitor register the agreements and the by-laws in the proper Land Registry Office. 13. APPOINTMENTS TO CLARINGTON MUNICIPAL ELECTION COMPLIANCE AUDIT COMMITTEE THAT Report CLD-021-10 be received; THAT Nancy Coffin, William John Paul Jones and Kamal Smimou be appointed to the Clarington Compliance Audit Committee in accordance with section 81.1(1) of the Municipal Elections Act, 1996; and THAT the appointees be advised of Council's decision. Report #1 - 6 - July 12, 2010 14. AMENDMENTS TO TAXI BY-LAW THAT Report CLD-022-10 be received; THAT the by-law attached to Report CLD-022-10 be approved; and THAT all interested parties listed in Report CLD-022-10 be advised of Council's decision. 15. BALLOT QUESTION, RE: ELECTION OF REGIONAL CHAIR THAT Report CLD-023-10 be received; and THAT By-law 2010-040, being a by-law to submit a question to the electors at the next regular municipal election to approve Council resolution re Direct Election of Regional Chair be repealed. 16. .LOTTERY LICENCE APPLICATION REVIEW - BY-LAW AMENDMENT THAT Report CLD-024-10 be received; THAT the practice of forwarding all lottery licence applications to the Durham Regional Police Services for review be discontinued effective immediately; THAT an amendment to By-law 94-30 be approved; and THAT all interested parties listed in Report CLD-024-10 be advised of Council's decision. 17. GREAT WEST LIFE BENEFIT RENEWAL 2010-2011 THAT Report COD-038-10 be received; THAT Great 1EVest Life be advised of the Municipality's disappointment with the financial impact imposed on the Municipality with the 45.8 percent increase in the renewal of the benefit program for the 2010 to 2011 premium year; THAT Council authorize over expenditure of the 2010 budget accounts to accommodate the Great West Life premium increase for the balance of 2010; and THAT the 2011 budget be prepared as appropriate, reflecting the Great West Life premium increases. Report #1 - 7 - July 12, 2010 18. CO-OPERATIVE TENDER T-530-2010 ARMOURED CAR SERVICES THAT Report COD-039-10 be received; THAT the G4S Cash Solutions (Canada) Ltd., Toronto, Ontario, with a bid price of $47,623.68 (net HST rebate) for the first year being the lowest responsible bidder meeting all terms, conditions and specifications of Co-operative Tender T-530-2010 be awarded the contract for the provision of Armoured Car Services for a one year term; THAT upon expiry of the first year of the contract that the contract be extended for up to four additional one year terms, pending satisfactory pricing and service; THAT the funds be drawn for the respective year's Finance Department's operating budget; and THAT all interested parties listed in Report COD-039-10 be advised of Council's decision. . 19. CL2010-5, SURFACE ASPHALT, VARIOUS LOCATIONS THAT Report COD-040-10 be received; THAT Ashland Paving Limited, Concord, Ontario, with a total bid in the amount of $369,595.29 (net of H.S.T. Rebate),. being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-5, be awarded the contract for Surface Asphalt, Various Locations, as required by the Engineering Department; THAT the funds required in the amount of $418,900.00 (i.e., which includes $369,595.29 for tendering and a ten percent contingency amount and materials testing) be drawn from the Engineering Department Capital Budget Accounts, as follows: Account 110-32-330-83272-7401 110-32-330-83233-7401 110-32-330-83211-7401 110-32-330-83286-7401 110-32-330-83291-7401 110-32-330-83264-7401 110-32-330-83290-7401 110-32-330-83298-7401 110-32-330-83212-7401 Project Budget Amount Beech Avenue $ 20,100.00 Hunt Street/Albert Street $ 108,700.00 Church Street (Bowmanville) $ 26,100.00 St. George Street $ 13,500.00 Elgin Street $ 70,200.00 Baldwin Street $ 44,500.00 Church Street (Newcastle) $ 44,400.00 Longworth Avenue $ 70,000.00 Ovens Road $ 21,400.00 Total Funds Required $ 418.900.0 Report #1 - 8 - July 12, 2010 20. and THAT the By-law attached to Report COD-040-10 marked Schedule "A" authorizing the Mayor and the~Clerk to execute the necessary agreement be approved. TENDER CL2010-24, PAVEMENT REHABILITATION, VARIOUS LOCATIONS THAT Report COD-041-10 be received; THAT Coco Paving Inc., Oshawa, Ontario, with a total revised bid in the amount of $1,215,353.51 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-24 be awarded the. contract for Pavement Rehabilitation, Various Locations, as required by the Municipality of Clarington, Engineering Department; THAT the funds required in the amount of $1,500,000.00 (which includes $1,215,353.51 for tendering, design, contract administration and contingencies) be drawn from the Accounts, as follows: Account 110-32-330-83212-7401 110-32-330-86212-7401 110-32-330-83212-7401 Project 2008 Pavement Rehabilitation 2009 Pavement Rehabilitation 2010 Pavement Rehabilitation Total Funds Required Budget Amount $100,000.00 $490,000.00 $910,000.00 1.500.000.00 and THAT the By-law attached to Report COD-041-10 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 21. TENDER CL2010-22, SQUIRE FLETCHER PARKETTE DEVELOPMENT THAT Report COD-042-10 be received; THAT Forest Ridge Landscaping Inc:, Newmarket, Ontario, with a total revised bid in the amount of $230,010.90 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-22 be awarded the contract for Squire Fletcher Parkette, as required by the Municipality of Clarington, Engineering Department; THAT the funds required in the amount. of $245,000.00 (which includes $230,010.90 (net of HST Rebate) for the tender, and contingencies) be drawn from the Account # 110-32-325-83325-7401; and THAT the By-law attached to Report COD-042-10 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Report #1 - 9 - July 12, 2010 22. INFORMATION REPORT - CLARINGTON OLDER ADULTS ASSOCIATION - MEMORANDUM OF UNDERSTANDING THAT Report COD-043-10 be received; THAT Council authorize the use of the vacated space and use of the entire building by the Clarington Older Adult Association; and THAT staff report back to Council with the finalized Memorandum of Understanding or By-law as appropriate. 23. PURCHASING BY-LAW -UPDATE 2010 THAT Report COD-045-10 be received; THAT Purchasing By-law 2006-127 be repealed; THAT the proposed By-law, provided under separate cover, be approved in principle and intent; THAT the proposed By-law be prepared and formatted in a manner satisfactory to the Municipal Solicitor and the Manager of Purchasing ready for execution by the Mayor and Clerk; THAT any agreements approved by the Chief Administrative Officer in compliance with the by-law limits requiring execution, be forwarded to the Mayor and Clerk for signatures; and THAT a final copy of the By-law be distributed to Members of Council for information as soon as practicable. 24. LEASE AGREEMENT -DURHAM CENTRAL AGRICULTURAL SOCIETY ORONO FAIR GROUNDS THAT Report COD-047-10 be received; THAT the Municipality lease Part of Lots 27 and 28, Concession 5, designated as Parts 1 and 3 on Plan 10R-318 to~the Durham Central Agricultural Society for the period ending August 31, 2012, unless renewed in accordance with the terms; THAT Council endorse the option of tying the term of subject lease to the long term lease between the Durham Central Agricultural Society; and Report #1 - 10 - July 12, 2010 THAT the By-law marked as Schedule "A",attached to Report COD-047-10, authorizing the Mayor and Clerk to execute the lease agreement satisfactory to the Municipal Solicitor, be approved. 25. HEATHER RUTHERFORD'S DELEGATION REGARDING INDUSTRIAL WIND TURBINES THAT the delegation of Heather Rutherford, regarding wind turbines, be received with thanks; THAT the matter of wind turbines be referred to the Legal Department and the Chief Building Official for a report to Council at the Council meeting of July 12, 2010; and THAT the report be shared with the delegate, Heather Rutherford, and the general public upon request, prior to the, Council meeting. 26. GOODYEAR CANADA 100T" ANNIVERSARY THAT Goodyear be recognized for their 100 years in business by way of a proclamation to be finalized for the fall of this year. 27. MOSPORT INTERNATIONAL RACEWAY 50T" ANNIVERSARY THAT Mosport International Raceway be recognized for their 50 years in business by way of a proclamation to be finalized for the fall of this year. 28. ONTARIO MUNICIPAL BOARD APPEAL APPLICATION TO AMEND ZONING BY-LAW 84-63 TO PERMIT THE DEVELOPMENT OF TWO (2) SINGLE DETACHED LOTS FRONTING ONTO BOSWELL DRIVE APPLICANT: GREEN MARTIN HOLDINGS LTD. THAT Report SOL-002-10 be received; and THAT staff be directed to proceed with Option 3 of Confidential Report SOL-002-10. Staff Report #1 Glarington CORPORATE REPORT SERVICES DEPARTMENT Meeting: COUNCIL Date: July 12, 2010 Resolution#: By-law#: N/A Report: COD-046-10 File#: N/A Subject: Community Festival/Event Promotional Temporary Signage Permit Under the Road Occupancy By-law RECOMMENDATfONS: It is respectfully recommended that Council approves the following: 1. THAT Report COD-046-10 be received; 2. THAT a policy on Community Festival/Event temporary signage as set out in Report COD-046-10 be approved; 3. THAT eligible groups requiring special event signs be directed to the Engineering Services Department for a road occupancy permit under the governing by-law providing all appropriate criteria are met; 4. THAT should modifications to the policy be necessary to address unforeseen implementation issues, the CAO be authorized to make amendments; 5. THAT Council provide direction on the number of days for the sign placement in advance of the day of the event at either: A) 7 days B) 14 days; and 6. THAT all interested parties listed in Report COD-046-10 and any delegations be advised of Co cil's decision. Submitted by Reviewed by: ~ ~~"= Marie Marano, H.B.Sc., C.M.O., Franklin Wu Director of Corporate Services/ Chief Administrative Officer Human Resources LB/FUJC/MM/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: COD-046-10 PAGE 2 BACKGROUND AND COMMENT 1.0 History 1.1 Community Festivals and special events are the backbone of the tourism industry in Clarington. Thousands of visitors come to Clarington to participate and, while they are here, they eat in our restaurants; stay in our bed & breakfast establishments; and visit other sites and attractions in the Clarington area. Community Festivals and special events are venues for community fundraising efforts. They augment the budgets of many sports, recreation and community service groups within this community. The Municipality of Clarington recognizes the importance of community festivals and events and their impact on the tourism industry and the local economy. The Municipality also appreciates the unique qualities of each of the local festivals and events and the tremendous time and effort that is dedicated to organizing and operating them. 1.2 A special event is defined as an event serving a public purpose and sponsored by a civic ornot-for-profit organization. This includes, but is not limited to, fairs, festivals, bicycle events, marathons, walkathons, rodeos, parades and charitable fund-raising events, but does not include political events or events of a specific religious nature. Since these community festivals/special events have the potential to significantly increase the flow of local and non-local traffic, there is a need to ensure that all visitors can locate/access the event site easily. 2.0 Community Festival/Event Promotional Signage Policy 2.1 Eligible groups would apply for a permit to place signs for the eligible event providing it meets the criteria of the Engineering Road Occupancy By-law. It would be issued in conjunction with the other departments requiring specific criteria such as Planning Services for sign specifics. Enforcement for compliance would fall under the Clerks Department. 2.2 The following are recommended to be incorporated as the predominant basis of a corporate policy: A. Eligible Groups include all recognized community organizations that are not-for-profit; are based in the Municipality of Clarington; and provide programs and/or services to the residents of the Municipality of Clarington, or are part of municipally endorsed initiatives. Examples of eligible groups REPORT NO.: COD-046-10 PAGE 3 are: tourism partner organizations; BIAs; recreation groups, community centres, Clarington Older Adults Association, etc. B. Ineligible Groups include events that have invited clientele/guests or pre-purchase ticket access only, such as weddings and concerts, the organizer is required to circulate directions to the venue with the invitation or tickets and is not eligible apply for. temporary signs. C. Eligible Events are community-based/drive activities that to provide a broad base of community involvement and enrichment. A community festival/special event is defined as an event serving a public purpose and sponsored by a civic Municipal tourism partner, or non-profit organization. This includes, but is not limited to, fairs, festivals, bicycle events, marathons, walkathons, rodeos and charitable fund-raising events, but does not include political events or events of a specific religious nature. 3.0 Sign Criteria 3.1 Maximum Number of Signs on Local Roads allowed is limited to 100 signs per event (18" x 24"). 3.2 Placement - If a sign is placed within the municipal road allowance, a Road Occupancy Permit is required. There is no charge to qualified applicants for this permit. Applicants must contact Engineering Services directly for information and the appropriate application. Additionally, a sign approved for placement may not: o Be closer than one (1.0) metre from the curb of a municipal road, or where there is no curb; o Be within two (2.0) metres of the travelled portion of the roadway; o Be in a location where it may prevent the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic (see visibility triangle measurement); o Impede or obstruct pedestrian traffic; o Be located on any highway appurtenance, including, but not limited to, bridges, traffic control devices, official signs, sign supports, light standards, poles and delineators; o Exceed 0.55 m2 in size if placed on the roadside to inform the traveling public of an upcoming community festival/special event; REPORT NO.: COD-046-10 PAGE 4 o Exceed a height of 1.2 m above the surface of the curb or shoulder on boulevard as the case may be, or be greater than .8m in width; o No more than 50 signs per urban area (i.e. Bowmanville, Courtice, Newcastle and Orono); and, no more than 4 signs per intersection; o Staff recommends that signs are to be installed no sooner than 7 days prior to the advertised event and must be removed no later than 3 days following the advertised event; ^ The Durham Central Agricultural Society has requested consideration of 14 days in advance of the event to ensure- sufficient advertising opportunities. o Be affixed to any tree orother natural feature; building or other permanent structure; o Imitate or resemble any official traffic sign, signal or device. 3.3 Sign Material A sign approved for placement under this section should be constructed of heavy cardboard, plastic, fabric mesh or plywood no thicker than 1/4 inch. 3.4 Sign Content - A community festival/special event sign cannot contain commercial advertising but may identify the event's sponsor(s) name and logo. The sponsor name and logo should be less prominent than the event information (date, time, location) 3.5 Locations for approved Community Festival/Special Event signage will be available on a first-come, first-served basis. Placement and removal of signs in the agreed locations is the responsibility of the Applicant. 4.0 Road Jurisdiction 4.1 A road occupancy permit must be obtained from the Region of Durham for all signs placed on Regional roads. 5.0 Service Cost 5.1 Although the application process for road occupancy permit is a mandatory requirement for all eligible groups/organizations, there is no applicable fee. REPORT NO.: COD-046-10 PAGE 5 6.0 Conclusion The proposed policy contained herein has been reviewed with the Planning Service Department, Engineering Services. Department, the Clerk's Department and Municipal Law Enforcement Division and is recommended to Council for approval. Interested parties -Durham Central Agricultural Society Staff Report #2 • ~~ Leading the Way REPORT PLANNING SERVICES Meeting: COUNCIL Date: July 12, 2010 Resolution #: By-law #: Report #: PSD-091-10 File #: SBA 2010-0001 Subject: REQUEST BY DURHAM CENTRAL AGRICULTURAL SOCIETY FOR AMENDMENTS TO ALL APPLICABLE BY-LAWS TO ALLOW FOR SIGNAGE WITHOUT THE REQUIREMENT TO PAY ANY FEES RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-091-10 be received; 2. THAT the Amendment to the Municipality of Clarington Sign By-law 2009-123 as per Attachment 2 to Report PSD-091-10 be approved, pending the payment of the application fee noted in Recommendation 3; 3. THAT the request to waive the Application Fee of $1,000, plus applicable taxes required under the Schedule for Fees By-law 96-032 as amended by By-law 2010-070 for an Amendment to the Municipality of Clarington Sign By-law 2009-123, be denied; 4. THAT all interested parties listed in Report PSD-091-10 and any delegations be advised of Council's decision. /~ Submitted by: ~~'la-~~! Reviewed by: --~ _ , F y Lan mai CSLA, MCIP ranklin Wu, ct ng Director, tanning Services Chief Administrative Officer MM/FVdf/sn 7 July 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-091-10 ~ PAGE 2 1.0 BACKGROUND 1.1 At the September 21, 2009 meeting of Council, the new Clarington Sign By-law 2009- 123 was approved to come into effect on January 1, 2010; the three month period between the passing of the Sign By-law and its taking effect was a period to allow for transition from the old by-law to the new. The new Sign By-law has been in effect for approximately six months. Active enforcement of the by-law is occurring and the Planning Services Department is processing numerous sign permit applications. 1.2 The purpose of this report is to address the requests for amendments to any applicable by-laws to allow the Durham Central Agricultural Society (Orono Fair) to advertise on road-sides, use temporary off-site directional tourism signs, all at no cost to the Society for the amendments to the various by-laws and sign permits. The request of the Durham Central Agricultural Society (Attachment 1) submitted to the June 28, 2010 Council meeting, was referred to staff for a report. 1.3 The road-side signage is addressed by Report COD-046-10 and will apply to numerous special events and not-for-profit agencies. It consists of a corporate policy under the Road Occupancy By-law. 2.0 SIGN BY-LAW REVIEW, CONSULTATION AND IMPLEMENTATION 2.1 Review Planning Services Staff undertook the review of the Sign By-law beginning in 2007 with the collection of background information and examples from other municipalities. The process for review of the Sign By-law included extensive public input, the retention of a consultant with expertise in the matter, the involvement of other departments and the Municipal Solicitor. 2.2 Consultation 2.2.1 Public consultation was a key factor in determining community expectation in regard to signage when preparing the new Sign By-law specific to Clarington. There were five (5) stages to the public consultation for the Sign By-law review. A full explanation of the public consultation process was set out in Report PSD-051-09, the steps were: • Public Consultation Paper • Open Houses (Orono, Bowmanville, Courtice, Newcastle) • Interviews and Meetings (Councillors, stakeholders, signage company representatives) • Sign Preference Survey • Release of Draft Sign By-law and Public Meeting in May of 2009 2.2.2 The changes made to the Sign By-law following the Public Meeting in May 2009 included minor wording changes and clarifications to sign types and definitions. The only major change to the proposed new Sign By-law was with regard to election signs and the regulations regarding them. The election signage issues were addressed in By- law 2010-015 which amended the new Sign By-law. REPORT NO.: PSD-091-10 PAGE 3 2.2.3 One of the major issues raised during the consultation process was that of "mobile" or "temporary" signs. These signs are often employed by businesses and groups to notify the driving public of certain events which are transitory in nature. To address the many issues and complaints that this type of signage was creating, the Mobile Sign Business Licensing By-law 2009-124 was also approved at the same time the new Sign By-law was passed. This by-law allows the Municipality to license the companies that provide mobile signs and ensures that they are meeting the standards and regulations set out in the Sign By-law. 2.3 Implementation 2.3.1 As part of the ongoing implementation of the Sign By-law it is recognized that many community groups and agencies wish to advertise events, such as registrations, fundraisers and other activities as part of their service to the community. The municipality receives numerous requests for signage on their properties by community groups and service agencies due to the prominent locations of municipal facilities, also many of the events are held in municipal facilities, for example community halls, recreation facilities 'or parks. 2.3.2 The issues faced by community groups and agencies in getting their message out to the public are the same as that of the Municipality, how to effectively communicate within the confines of a tight budget. Most community groups and agencies only require signage in the weeks leading up to an event, no~over a long term. 2.3.3 To assist community groups and agencies in being able to promote their events, the municipality helped facilitate this communication while adhering to the Sign By-law 2009-123 as amended by allowing for the use of Municipal properties for mobile signs as set out in Report PSD-032-10. This approach appears to be working well for the not- for-profit agencies and the mobile sign companies. The mobile sign locations are provided on afirst-come-first-serve basis at no cost for the sign permit to the agency. 2.3.4 The issue raised by Durham Central Agricultural Society is the ability to advertise their event to the rural population in areas where no municipal properties or facilities are available. The Society has numerous private property owners who are willing to allow the installation of temporary signs on their property to advertise the Orono Fair. Private property is regulated by the Sign By-law and to allow Orono Fair to install the signage they are requesting an amendment to the Sign By-law is necessary. 2.3.5 To assist community festivals/events with temporary signage, Report COD-046-10 proposes a Corporate Policy for the placement of signs within local road allowances that are under the ownership of the Municipality. Local road allowances are regulated under a separate and distinct By-law apart from the Sign By-law. REPORT NO.: PSD-091-10 3.0 SIGN BY-LAW AMENDMENTS PAGE 4 3.1 The Sign By-law is subject to amendment in the same way as other by-laws. The exceptions that had been made to the previous Sign By-law have been included in the new Sign By-law (Section 9). Since the passing of the Sign By-law one additional site specific amendment has been applied for and granted by Council. 3.2 Staff are not adverse to having the Sign By-law amended provided that there is sound reasoning for the amendment. In this case the issues identified by the Durham Central .Agricultural Society are sound reasons. The Municipality recognizes the importance of community festivals and events and their impact on the tourism industry and the local economy. The Municipality also appreciates the unique qualities of each of the local festivals and events and the tremendous time and effort that is dedicated to organizing and operating them. Staff are cognizant of the requirements of not-for-profit groups and special events and have worked diligently to help facilitate the use of mobile signs on municipal property and also the creation of a policy framework for the use of local road allowances. 3.3 The Durham Central Agricultural Society is requesting specific amendments to the Sign By-law to address their needs and requirements much the same as other applicants that have obtained specific amendments. In similar cases the requestor is required to apply and pay the applicable fee (as set out in the Schedule of Fees). The application fee is a partial recovery for the time spent resolving the specific issue. In this case the Durham Central Agricultural Society were- informed of this process and have requested Council waive the application fee for the amendment. 3.4 Staff cannot support the request of the Durham Central Agricultural Society to waive the application fee and have recommended denial of the request to waive the amendment fee of $1,000 plus applicable taxes. 4.0 AMENDMENT SPECIFIC TO DURHAM CENTRAL AGRICULTURAL SOCIETY 4.1 -The Durham Central Agricultural Society has a unique challenge. in getting their message out to the rural populous. As anot-for-profit they are conscious of having to contain their costs but also reach an audience that is spread over a large geographical area. In the analysis carried out on where fair attendees are coming from, how they learned (or where reminded) of the fair, signage in the rural landscape is significant. It informs both residents of the area and tourists returning from their cottages to the urban .areas. This signage provides far more exposure for Orono Fair because it reaches a larger target audience at very little cost. 4.2 Off-site Directional Tourism Signs are defined in the Sign By-law as a sign "for the purpose of only identifying a name of a tourism destination, business or service and providing directions to the tourism designation, business or service and shall be erected in compliance with a Municipal Agreement". The Orono Fair signs meet this definition; however, they are also "temporary". REPORT NO.: PSD-091-10 PAGE 5 4.3 Off-site Directional Tourism Signs have to date been addressed as Off-site Directional Signs in Tables 1, 2, and 3 of Section 7 of the By-law. However, Staff. recommend, at this time, to separate these two sign types and have the Off-site Directional Tourism Signs as a specific row in the Tables (see Schedule A of Attachment 2). 4.4 It should be noted that Off-site Directional Tourism Signs will only be allowed in Agricultural areas as set out in Table 1 of Schedule A. This will restrict the use of Off- site Directional Tourism signs to agri-tourism, bed & breakfasts and other attractions in the .rural area. This is in keeping with the definition set out in the Sign By-law. 4.5 Table 2 specifies that only 1 sign is allowed per property, since the Durham Central Agricultural Society signs are double faced it will be noted in the table (can. be double sided). 4.6 The size of Off-site Directional Tourism Signs in the Sign By-law is limited to 1.5 m2. The Durham Central Agricultural Society purchased 20 (double-faced) signs during the. 2009 season that are 2.3 m2 (4'x6') in size, this will be denoted in Table 3 with an asterisk next to the size under the agricultural column and reference made to amendment 9.15. 4.7 The Durham Central Agricultural Society are requesting an exception to -the requirement of paying sign permit fees. Section 3.3 states: "Every person applying for a sign permit shall apply....[and] pay the applicable fees." The fees for temporary signs are $75.00 per sign in the 2010 Fee Schedule. For the 20 signs this would be a fee of $1,500. The fees would be applicable every year. An exception can be made for the Durham Central Agricultural Society for the 20 (double-faced) signs they currently have. Council can authorize an exception to Section 3.3. Staff recommend that the exemption be limited to these 20 signs. 4.8 Finally Section 9 will be amended by adding 9.15 which will outline the amendments being made for the Durham Central Agricultural Society. 5.0 CONCLUSION 5.1 Staff have provided the necessary by-law in Attachment 2 to amend the Sign By-Law 2009-123 to facilitate the request made by the Durham Central Agricultural Society in Attachment 1. The amending By-law will not come into force until the applicable fee has been paid. 5.2 Staff do not support the request of the Durham Central Agricultural Society that the fee for an amendment to Clarington's Sign By-law 2009-123 be waived. 5.3 The request of the Durham Central Agricultural Society for permission to place temporary signs on the road-side is addressed by COD-046-10; it addresses local roads. Regional roads are under the jurisdiction of the Region of Durham. Permission will have to be sought from the Region to use Regional road allowances. REPORT NO.: PSD-091-10 PAGE 6 StafF Contact: Faye Langmaid and Mitch Morawetz Attachments: Attachment 1 -Request from Durham Central Agricultural Society Attachment 2 -Proposed Sign By-law Amendment List of interested parties to be advised of Council's decision: Sara Gilroy John Conrad Matt Stephenson J~'~ Cayce J 9 O ~ r ~ s 9 O W p` 4 J4 t~'ULr DURHAM CENTRAL AGRICULTURAL 2 PRINCESS STREET, P.O. BOX 90 ORONO, ONTARIO LOB 1M0 (905) 983-9510 FAX (905) 983-6391 Attachment 1 To Report PSD-091-10 SOCIETY June 25th 2010 Dear Mayor Abernethy and Councilors The Durham Central Agricultural Society will be attending the June 28th Council meeting to get an amendment to all sign bylaws and will be requesting that the Orono Fair be exempted from all sign bylaws from Aug 1 to Sept 20 every year. It is our understanding that we would need to pay $1000 to have this amendment made to the current sign by-law. Financially we are not able to put forth $1000 for an amendment to the current sign bylaw that we were understood was not to effect non-profit organizations. In the past we have obtained a permit for our 120 signs that we place throughout Clarington at no cost as we are non-profit and have had 30days before and 2 weeks after to take them down. We have approximately 100 18"x,24" coraplast signs that we place around Clarington roads to advertise our fair which we post 30 days before and removed within 2 weeks after our fair. We also had 20 4'x 6' signs made last year to replace the cost of rental we were spending on mobile signage each year. These 4'x 6'signs were placed on Private properties throughout Clarington and removed within 1 week after the fair. Last year we were informed by the planning department before we had the 4' x 6' signs made and before the new signage by-law was passed that we would not be affected by the new bylaw as we are anon-profit organization. This is reason.we had the 4' x 6' signs made for placement on private properties to lower costs. We have now discovered this year when trying to get our proper permits for our signage. That in accordance to the new bylaw we will have to-pay the set fee fora signage permit, which we never had to before as well $150 per sign which would cost us for 120 signs approximately $18,000.00 for our signage. If we need to do this it would financially hurt our society in putting on the Orono fair in Orono which is now in its 158th year. For thus reason we will be bringing forth to council a request for amendment to all sign bylaws for all Orono Fair signs from Aug 1 to Sept 20 every year. With no costs to the Durham Central Agricultural Society-for thus amendment. Sincerely, Mat Stephenson, President (905) 261-0646 president@oronofai r.com Sara Gilroy, Chair of Promotions (905) 263-4502 promotions@oronofair.com Attachment 2 To Report PSD-091-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend Sign By-law 2009-123, as amended of the Municipality of Clarington WHEREAS Section 11 of the Municipal Act, 2001, Chapter 25, as amended, provides for the amendment of By-laws regulating or prohibiting the erection of signs; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2009-123, of the Corporation of the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 9 -EXCEPTIONS BY AMENDMENT is hereby amended as follows: "9.15. Notwithstanding Section 7.10 Table 3 -Maximum Sign Area, the Durham Agricultural Society be permitted a maximum of 20 Temporary Off-Site Directional Tourism Signs of a maximum 2.3 square metres in size; and notwithstanding Section 3.3, the Durham Agricultural Society be required to apply for all necessary sign permits but deemed exempt from paying sign permit fees for 20 temporary signs." 2. Section 7 -ALLOWED SIGNS is hereby amended as shown in Schedule A. 3. This By-law shall come into effect once the applicable amendment application fee has been paid. 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 SCHEDULE A TO BY-LAW NO.2010- 7.8 SIGNS ALLOWED BY PROPERTY USE The sign and conditions under which they are allowed in property use categories shall be in compliance with Table 1 -Signs Allowed By Property Use. TA L~ 1 -,,S1..J~SaAL~.Q,, E4 ~X~PF~~P . . ~.-. Column,1 Co ~~no~2 ,~~. 'Y~ ~' `_'~ :~. ;~o ~. .d . PROPERTY USE CATEGORY Sign Type Section RES IND COM INS AGR 1 HRA 2 CWS D Off-Site Directional Sin n/a N A A N A N A Off-Site Directional Tourism Si n n%a N N N N A -. N~ N Overhan in Sin 8.12 N N N N N A N N =Not Allowed A =Allowed 7.9 MAXIMUM NUMBER OF SIGNS The maximum number of signs allowed on a property shall be in compliance with Table 2 -Maximum Number of Signs Allowed on a Property. ~ > ~ -TABLE 2 ~ ~ ~ ~ ~~~. ~ ;~yb-: ~3 ~ r ~ r_:. _~~ .,._ ' ~ . .~ ~~ ~, ~ `~ ~ ".MAXIMUM NUMBER'Q,~. lGNS ALLOINED:O(~(A PROPER. ti m`".`~, ` ~ -~ 3fi~" > Si n T' a -tit "er`AI owe ,,~.~ z w _~:~ t R<~~~. ~ Off-Site Directional Sin 1 Off-Site Directions! Tourism Sin 1 can be double.-sided ' Overhan in Sin 1 7.10 MAXIMUM SIGN AREA The maximum area of a sign shall comply with Table 3 -Maximum Sign Area. TABL 3 E =~ MAXIMUM ~, ;AREA ~ *r~~' t ~,~~. ,_ •A ' ~ ~~ p~ ~~4 ; ~.... ~. ... 0.{~j~ER FUSE ~ k~~ vN+~~,~.G'. ,~ 3 ~.T{° ~~~.- t SIGN TYPE RES IND COM INS AGR HRA CWSD Off-Site Directional Sign N 1.5 m N 1.5 m N 1.5 m Off-Site, .Directional Tourism Sin N 1.5 m N '1.5 m?'~ N 9.5 m Overhanging Sign N N N N N 1.0 m2 N N =Not Allowed * See Section 9.15 Unfinished Business #1 Excerpt from General Purpose and Administration Committee Meeting of July 5, 2010 PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED ZONING BY-LAW AMENDMENT, PROPOSED FENCE BY-LAW AMENDMENT AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 541 RESIDENTIAL UNITS, TO DELETE A PUBLIC ELEMENTARY SCHOOL SYMBOL AND INCREASE THE MEDIUM AND LOW DENSITY & TOTAL UNITS IN THE NEIGHBOURHOOD APPLICANT: FAR SIGHT INVESTMENTS INC. Resolution #GPA-402-10 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-086-10 be received; THAT Amendment No. 76 to the Clarington Official Plan as submitted by Far Sight Investments Ltd. to delete the Public Elementary School Symbol; to increase the housing targets for Vincent Massey Neighbourhood in Table 9-2; and to increase the corresponding population allocation for Vincent Massey Neighbourhood on Map H2 as contained in Attachment 3 of Report PSD-086-10 be adopted and the By-law contained in Attachment 4 of Report PSD-086-10 be passed; THAT the application for the proposed Draft Plan of Subdivision, submitted by Far Sight Investments Limited to permit the development of 541 residential units be approved, subject to the conditions contained in Attachment 5 of Report PSD-086-10; THAT the Zoning By-law Amendment application submitted by Far Sight Investments Limited to implement the proposed Draft Plan of Subdivision be approved as contained in Attachment 6 of Report PSD-086-10; THAT the Fence By-law Amendment to permit razor wire on a fence at 340 King Street East in Bowmanville, be approved as contained in Attachment 7 of Report PSD-086-10; THAT the By-law authorizing the entering into of a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2005-002 and the Municipality of Clarington be approved as contained in Attachment 8 of Report PSD-086-10; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-086-10 and Council's decision; and THAT all interested parties listed in Report PSD-086-10 and any delegations be advised of Council's decision. MOTION AND AMENDING MOTION TABLED (See Following Motions) Unfinished Business #1 Resolution #GPA-403-10 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the foregoing resolution be amended by adding the following clause after clause 6: 7. "THAT the fence referred to in recommendation #5 above will be a 10' .fence; and THAT this Report, including Attachment 5 be amended to read `the fence referred to in recommendation #5 shall be increased in height from 8' to 10' plus the height of the razor wire.' " MOTION TABLED (See Following Motion) Resolution #GPA-404-10 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the matter be tabled until the Council meeting of July 12, 2010. CARRIED • ~~ Leading the Way REPORT PLANNING SERVICES Meeting: COUNCIL Date: July 12, 2010 Addendum to Resolution #: By-law #: N/A Report #: PSD-086-10 File #: S-C-2005-002, COPA 2008-0006 and ZBA 2005-0041 Subject: PROPOSED AMENDMENTS TO CONDITIONS OF DRAFT APPROVAL FOR PROPOSED DRAFT PLAN OF SUBDIVISION S-C-2005-002 Applicant: FAR SIGHT INVESTMENTS LTD. RECOMMENDATIONS: It is respectfully recommended to Council the following: THAT Report PSD-086-10 be lifted from the table; 2. THAT Addendum to Report PSD-086-10 be received; 3. THAT Staff be requested to make all necessary changes to the proposed conditions of draft approval (Attachment 5 to Report PSD-086-10), as recommended by this Addendum to Report PSD-086-10; 4. THAT the recommendations of Report PSD-086-10 be approved as amended by Recommendation 3 of this Addendum Report; and 5. THAT Council authorize the Mayor and Clerk to enter into an easement agreement with Bowmanville Zoological Park for lands that will be dedicated to the Municipality as part of the conditions of draft approval of Subdivision S-C-2005-002 for the maintenance of fencing that will be installed on the lands by the Far Sight Investments Limited. Submitted by: Reviewed by: ti ay Langma' , FCSLA, MCIP Franklin Wu Acting Director of Planning Services Chief Administrative Officer MH/FLsn 7 July 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: ADDENDUM to PSD-086-10 PAGE 2 1.0 BACKGROUND 1.1 On July 5, 2010, Staff submitted a recommendation Report PSD-086-10 to the General Purpose and Administration Committee. The Report recommended approval of the applications for proposed Draft Plan of Subdivision and Conditions and associated Official Plan and Zoning By-law Amendments. 1.2 At the General Purpose and Administration meeting, the Committee heard from Mr. Hackenberger, owner of the Bowmanville Zoo. Mr. Hackenberger indicated that although the proposed development, for the most part, provides sufficient setback between residential dwellings and the Zoo property, it did not satisfy his greatest concern relating to zoo and animal security, and public safety. As a condition of draft approval, the applicant will be responsible for constructing a 2.43 metre (8 ft.) non-scaleable, non-gated barrier fence with razor wire in order to deter people from trespassing onto zoo lands from the stormwater pond block (Attachment 2 of Report PSD-086-10) and also to keep animals contained on site in the event an animal escapes from its respective enclosure. The fence would be built along the entire shared property boundary between the east side of the Zoo and the stormwater pond block. The applicant also agreed to provide the Zoo a 3 metre wide strip of land along the entire length of the stormwater pond block in order to afford the zoo additional space to perform day to day operations. On July 3~d/4~h the applicant and Mr. Hackenberger had further agreed to an additional 1.5 metre strip of land. 1.3 However, Mr. Hackenberger indicated that the dedication of land should extend as far north as the Zoo's northerly property limits, lands that are part of the open space Block 284 (valleyland) being dedicated to the Municipality as public valleylands for environmental protection. 1.4 In addition, Mr. Hackenberger indicated to Committee that he felt in order to keep the Zoo's accreditation through the Canadian Association of Zoos and Aquariums, the non- scaleable fence should be 3 metres (10 ft.) and be extended to the northern and southern limits of the Zoo property (into open space. blocks 284 and 285) to tie into the existing perimeter fencing of the Zoo. 1.5 For added security, Mr. Hackenberger requested that chain link fencing be erected from both ends of the non-scaleable fence, into the stormwater pond on an angle, to create an additional road block for anyone attempting to trespass onto Zoo lands from the stormwater pond block. 1.6 The applicant indicated to Committee that while the cost of the additional 2 foot height of the fence would substantially increase the price, as would the additional length, that they were willing to work with Mr. Hackenberger to provide this additional safeguard for their future residents. REPORT NO.: ADDENDUM to PSD-086-10 PAGE 3 1.7 Staff requested that Report PSD-086-10 be tabled to allow further discussions between Planning Services Staff, Engineering Staff, Mr. Hackenberger and the applicant to address the Zoo's outstanding concerns, and any potential Staff concerns. 2.0 DISCUSSION 2.1 On July 6, 2010, Planning Staff met with Mr. Hackenberger, Bob Schickedanz (the applicant) and Engineering Staff to discuss the remaining outstanding concerns/requests made by Mr. Hackenberger. The following specific items were discussed at the meeting: • Proposed increase in fence height from 2.43 metres to 3 metres; • Proposed additional dedication of land to Zoo, including lands within open space blocks 284 and 285 (Attachment 2 to Report PSD-086-10); • Proposed extension of non-scaleable fence further north and south to tie into existing perimeter fencing on the Zoo's property; and • Proposed "wing" chain link fencing to be extended into the stormwater pond from either end of the non-scaleable fence. 2.2 The outcome of the.meeting (Attachment 1) proposed the solutions to all of the issues discussed as follows: • The applicant is willing to pay for an increased fence height to 3 metres; • The Open Space blocks 284 and 285 will be dedicated to the Municipality, and the Municipality will provide an easement to Bowmanville Zoo for the use of the land and maintenance of the fence provided that the Zoo remains a Zoological Park; • The applicant will extend the non-scaleable fence to the northern and southerly Zoo perimeter fences; and • The Municipality will accept the "wing" chain link fencing extending into the stormwater pond and the Bowmanville Zoo will maintain this fencing. The cost of the wing fencing, including access gates and the planting of shrubbery that will deter access will be the responsibility of the applicant as part of the stormwater pond development. 3.0 CONCLUSION. 3.1 Staff are recommending the proposed solutions outlined in Section 2.2 above as per the Meeting Minutes of July 6, 2010 be incorporated into the Conditions of Draft approval for the subdivision. 3.2 In addition, Staff are recommending entering into an easement and maintenance agreement for the fencing on municipal property provided it meets with the satisfaction of the Directors of Planning and Engineering Services and Municipal Solicitor. REPORT NO.: ADDENDUM to PSD-086-10 PAGE 4 Staff Contact: Meaghan Harrington Attachment: Attachment 1 -Meeting Minutes, July 6, 2010 List of interested parties: As Per Report PSD-086-10 Attacnment ~ Addendum to Report PSD-086-10 MINUTES OF MEETING July 6, 2010 12:00 pm - 1:00 pm In attendance: Michael Hackenberger (Zoo) Bob Schickedanz (Applicant) Faye Langmaid (Acting Director of Planning) Leslie Benson (Transportation Manager -Engineering Services) Meaghan Harrington (Planner) File #'s: S-C-2005-002, ZBA 2005-041 & COPA 2008-0006 A meeting between Staff, Bob Schickedanz and Michael Hackenberger was held on July 6, 2010 to discuss the Zoo's outstanding concerns with the proposed Draft Plan of Subdivision, as it relates to safety and security for both the Zoo property (including its animals) and the general public. A number of Michael's concerns and requests were discussed between Staff, Bob Schickedanz and Michael Hackenberger on the following matters: 1) Dedication of 4.5 metre strip of land along shared property line; 2) Construction of a 3 metre tall barrier fence; 3) Extension of fence into valleylands to tie into existing Zoo fencing; and 4) Construction of "wing" fence into stormwater pond for added security. The result of these discussions was a solution to the above noted matters which will meet the needs of all parties, and a mutual agreement between all parties, moving forward: 1) Dedication of land: • The applicant is prepared to dedicate a 4.5 metre wide strip of land to the Zoo along the shared property line. between the Zoo property and the stormwater pond block. • Staff will not support the dedication of valleyland, currently identified as open space on the Draft Plan, to the Zoo. These lands are to be transferred to the Municipality. • All parties were satisfied that the dedication of land would occur only within the limits of the stormwater pond block, as shown on the Draft Plan of Subdivision. • An easement will be provided by the Municipality on Blocks 284 and 285 as deemed necessary when verified in the field. 2) Construction of Fence: • Michael Hackenberger indicated to Staff and the applicant that a 3 metre tall barrier fence is needed, versus the proposed 2.43 metre tall fence, in order to provide prevent any people from trespassing onto the lands, and also to keep any animals from escaping the Zoo property. • The applicant is prepared to build anon-scaleable, non-gated barrier fence, with razor wire, at a height of 3 metres, rather than the previously proposed 2.43 metre tall fence. All costs associated with the construction of the fence will be borne on the applicant. The long term maintenance of the fence is the responsibility of the Zoo. • Staff have no concerns with a 3 metre tall fence, there are currently no height restrictions.forfeneing in agricultural and environmental protection zones. 3) Extension of Fence into Vallevlands: • Michael Hackenberger indicated to Staff that the northerly and southerly extension of the- barrier fence into both open space Blocks 284 & 285 was necessary in order to tie into the existing perimeter fencing on Zoo property. • Although Staff is not in support of transferring any valleylands to the Zoo, they are in support of providing easements to the Zoo for the erection of a 3 metre tall barrier fence within both open space Blocks 284 & 285, in order to afford the Zoo adequate security measures. An agreement between the Zoo and the Municipality will be necessary to ensure that as long as the fence is existing, it shall be maintained and repaired by the Zoo at their own cost. • The applicant is prepared to extend the barrier fence further north and south of the limits of the stormwater pond block, in order to tie into the existing perimeter fencing on the Zoo property. 4) Construction of "Wing" Fences: • Michael Hackenberger requested that the applicant be responsible for the construction of chain link "wing" fences, at an angle from the southerly and northerly limits of the barrier fence, and extend the "wing" fences into the stormwater pond feature. This will prevent .anyone from having direct access to the barrier fence and potentially eliminate the opportunity for anyone to attempt to scale the fence. • Staff is in support of the proposed construction of chain link "wing" fences, provided that there is gated access to municipal employees, in order to access the westerly edge of the stormwater pond for regular maintenance. In addition, an easement shall be granted to the Zoo to ensure that the chain link "wing" fence fencing is maintained and repaired by the Zoo, at their cost. The design and location of the fencing shall be reviewed by the Director of Engineering prior to construction. • The applicant is prepared to construct the "wing" fences. • arm n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Report #: PSD-086-10 Resolution #: By-law #: File #: S-C-2005-002, COPA 2008-0006 and ZBA 2005-0041 Subject: PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED ZONING BY-LAW AMENDMENT, PROPOSED FENCE BY-LAW AMENDMENT AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 541 RESIDENTIAL UNITS, TO DELETE A PUBLIC ELEMENTARY SCHOOL SYMBOL AND INCREASE THE MEDIUM AND LOW DENSITY & TOTAL UNITS IN THE NEIGHBOURHOOD APPLICANT: FAR SIGHT INVESTMENTS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration. Committee recommend to Council the following: THAT Report PSD-086-10 be received; 2. .THAT Amendment No. 76 to the Clarington Official Plan as submitted by Far Sight Investments Ltd. to delete the Public Elementary School Symbol; to increase the housing targets for Vincent Massey Neighbourhood in Table 9-2; and to increase the corresponding population allocation for Vincent Massey Neighbourhood on Map H2 as contained in Attachment 3 of Report PSD-086-10 be adopted and the By-law contained in Attachment 4 of Report PSD-086-10 be passed; 3. THAT the application for the proposed Draft Plan of Subdivision, submitted by Far Sight Investments Limited to permit the development of 541 residential units be approved, subject to the conditions contained in Attachment 5 of Report PSD-086-10; 4. THAT the Zoning By-law Amendment application submitted by Far Sight Investments Limited to implement the proposed Draft Plan of Subdivision be approved as contained in Attachment 6 of Report PSD-086-10; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-086-10 PAGE 2 5. THAT the Fence By-law Amendment to permit razor wire on a fence at 340 King Street East in Bowmanville, be approved as contained in Attachment 7 of Report PSD-086-10; 6. THAT the By-law authorizing the entering into of a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2005-002 and the Municipality of Clarington be approved as contained in Attachment 8 of Report PSD-086-10; 7. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-086-10 and Council's decision; and 8. THAT all interested parties listed in Report PSD-086-10 and any delegations be advised of Council's decision. Submitted by: ' ~l Lan aid CSLA, MCIP g Director, tanning Services ~~ Reviewed by: ~'' Franklin Wu Chief Administrative Officer MH/CP/df/av 28June 2010 REPORT NO.: PSD-086-10 PAGE 3 APPLICATION DETAILS 1.1 Applicant: Far Sight Investments Limited 1.2 Owner: Schickedanz Bros. Limited 1.3 Plan of Subdivision: To permit a 541 residential dwelling unit Plan of Subdivision comprised of 273 single detached dwellings, 5 blocks containing 29 on-street townhouse units, 2 medium density blocks containing 239 medium density dwellings, 1 park block, 1 parkette block, a stormwater management facility and 2 open space blocks (Attachment 2). 1.4 Ofi•ICial Plan Amendment: i) To delete the Public Elementary School symbol; ii) To increase the number of low density units and medium density units allocated in the Vincent Massey Neighbourhood; and iii) To increase the population allocation for the Vincent Massey Neighbourhood. 1.5 Zoning By-law Amendment: To rezone the subject lands from "Agricultural (A)" to an appropriate zone to permit the development of the above-mentioned Draft Plan of Subdivision. 1.6 Site Area: 46.041 ha 1.7 Location: The subject lands are located in the Bowmanville Urban Area, east of Soper Creek, south of Concession Street East and north of Durham Highway 2. The property is contained within Part Lot 7, Concession 1, former Township of Darlington (Attachment 1). 2.0 BACKGROUND 2.1 In September 2005, Staff received an application submitted by Far Sight Investments Limited to amend the Zoning By-law along with an application requesting approval of a Draft Plan of Subdivision for 422 residential dwelling units. Given the comments received and the requirement for an Environmental Impact Study (EIS) and a Financial Impact Analysis at the public meeting on November 21, 2005, the application was referred back to staff for further processing and review. 2.2 In July 2006, the Kawartha Pine Ridge District School Board confirmed that a school site for a public elementary school would no longer be required on the subject lands as students will be accommodated in an expanded Vincent Massey Public School or John M. James Public School. The proposed Draft Plan of Subdivision was revised to remove the public school block and to add additional residential lots. REPORT NO.: PSD-086-10 PAGE 4 2.3 .In October 2008, a final version of the EIS was submitted to the Municipality of Clarington. The EIS recommended that the focus of protection and enhancement on the site should be the natural habitats associated with Soper Creek. As a result, a number of development limits were established, and incorporated into the Draft Plan, of Subdivision. 2.4 In November 2008, an application for Official Plan Amendment was submitted by the applicant in support of the Draft Plan of Subdivision. The application proposes to delete the public elementary school symbol, increase the low and medium density dwelling unit allocations for the Vincent Massey Neighbourhood, and also increase the overall population allocation for the neighborhood. 2.5 A second public meeting was held in December 2008 to discuss the proposed Official Plan Amendment and the revisions made to the Draft Plan of Subdivision. The revised plan had incorporated those development limits recommended by the EIS, the deletion of the public school site and an increase in proposed dwelling units. A number of significant issues had .not been resolved prior to the public meeting, including the issues raised by the Bowmanville Zoo relating to security measures between properties as well. as concerns raised by the Municipality relating to timing of the development.: 2.6 A Financial Impact Study was undertaken by the Municipality in late 2007 early 2008, which concluded that advancing the proposed development will have an overall negative fiscal impact on the Municipality as the subject lands were not anticipated to develop until 2014 or later and the works required for the development were not within the Municipality's 10 year capital works forecast. However, within the background study to the recent Council approved Development Charges.By-law, it was determined that the road improvements associated with the development of the subject lands is now within the 10 year capital works forecast. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is currently vacant and has frontage along Lambs Road, Concession Street East and Regional Highway 2. The property is a greenfield site that has previously been used for agriculture. 3.2 The surrounding uses are as follows: North - Former private school site at 2020 Lambs Road South - 1.306 hectare parcel of land to be retained by the Owner, which has frontage on Lambs Road and Regional Highway 2 East - Rural residential and agricultural West - .Soper Creek, Bowmanville Zoo, existing low density residential REPORT NO.: PSD-086-10 PAGE 5 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The subject applications were submitted after the release of the new PPS on March 1, 2005, and therefore were reviewed in the context of the 2005 PPS. The subject applications have regard for the policies of the applicable PPS, as follows: 4.1.1 New Development should occur adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public facilities. 4.1.2 Land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land, are appropriate for the planned infrastructure and avoid the need of uneconomical expansion, and minimizes negative impacts to air and water quality. 4.1.3 Planning authorities shall maintain at all times the ability to accommodate residential ~ growth for a minimum of 10 years for lands which are designated for residential growth and a three (3) year supply of lands which are within draft approved and registered plans. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. 4.1.4 Healthy and active communities should be promoted by planning for safe public streets, spaces and facilities which will meet the needs of pedestrians, facilitate pedestrian and non-motorized movement including walking and cycling. In addition, they shall provide for a full range of publicly-accessible, built and natural settings for recreation which includes parklands, open spaces, and trails. 4.1.5 Public service facilities (such as schools) should be provided in a co-ordinated, efficient and cost-effective manner to accommodate projected needs. The use of existing facilities should be optimized, wherever feasible, before consideration is given to developing new facilities. 4.2 Provincial Growth Plan 4.2.1 The proposed Draft Plan of Subdivision and rezoning applications were submitted prior to the release of the Provincial Growth Plan in -June 2006 and as such are subject to the transition policies of the Growth Plan. The Plan states that applications predating the Growth Plan shall continue. and be disposed of as if the Growth Plan had not come into effect. 4.2.2 The proposed Official Plan Amendment was submitted in fall 2008, and therefore is subject to the policies of the Provincial Growth Plan. The subject site is located within the Province's Final Built Boundary for the Growth Plan. Population and employment growth will be accommodated by directing a significant portion of new growth to the built-up areas of the communities through intensification. Intensification is defined as: . "The development of a property, site or area at a higher density than currently exists through development of vacant and/or underutilized lots within previously developed areas or infill development." REPORT NO.: PSD-086-10 PAGE 6 4.2.3 Although the Municipality of Clarington and the Region of Durham are still in the process of amending their Official Plan's to conform with the Provincial Growth Plan policies, the proposed Official. Plan Amendment seeks to achieve a higher density than what was contemplated by the Official Plan when it was approved in 1996. The proposed compact form of development, with a range and mix of dwelling types and pedestrian/biking trail system which serves as a link to other uses within Bowmanville, is compliant with the principles of the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan 5.1.1 The subject lands are designated Living Areas and Major Open Space Areas in the Durham Region Official Plan. Within Living Areas, residential development is permitted and shall incorporate the widest possible variety of housing types, sizes and tenure to provide living. accommodations that address various socio-economic factors. 5.1.2 The applicant has proposed open space blocks on those lands which fall within the Major Open Space Areas designation, and which contain the Soper Creek Valley lands. The proposed uses within. the Draft Plan of Subdivision comply with the policies of both the Living Areas and Major Open Space Areas designations. 5.1.3. The net density of the proposal is 29 units per hectare. The Region's Growth .Plan conformity study (Growing Durham) has proposed an average density target of 50 to 55 units per net hectare in Greenfield Living Areas with a 28 unit per net hectare minimum density. The development proposal meets the minimum density target as recommended in the Growing Durham .Study. 5.2 Clarington Official Plan 5.2.1 ,The subject lands are designated Urban Residential and Environmental Protection Area within the Clarington Official Ptan. In addition, these lands include two (2) medium density symbols, a Neighbourhood Park and a Public Elementary School symbol. The Environmental Protection Area contains significant woodlands and significant valleylands which form part of the Municipality's Natural Heritage System. The proposed Official Plan Amendment is proposing to remove the Public Elementary School symbol and adjust the population targets for the neighbourhood. -5.2.2 An Environmental Impact Study (EIS) is required for all development applications located on lands within or adjacent to Natural Heritage features including woodlands and valleylands. An EIS was completed in 2008, which established development limits and mitigation measures to the satisfaction of the Municipality and the Central Lake . Ontario Conservation Authority. 5.2.3 Within the Official Plan, it states that a Neighbourhood Design Plan is required for all neighbourhoods prior to Draft Approval of a Plan of Subdivision. Considering that the subject lands are the last remaining parcel within the Vincent Massey Neighbourhood, REPORT NO.: PSD-086-10 PAGE 7 a neighbourhood design plan was not required. A concept plan was submitted by the applicant to demonstrate how the Plan of Subdivision would connect with existing development through a pedestrian trail network. 5.2.4 Residential neighbourhoods shall be developed in accordance with a number of Urban Design principles which include: grid streets to encourage social interaction; public spaces located on prominent sites with significant street frontage; house designs which encourage social interaction and allow for views. along the street; enhancement of open space linkages and protection of natural features; opportunities to provide views of the natural features and high visibility of public spaces for public safety and security. The applicant has made adjustments to the plan which allow for greater views and access to the valleylands and has further defined the medium density areas to create a transit supportive development pattern. 5.2.5 Within the Official Plan, the Bowmanville Zoo is identified as a Tourism Node. Tourism Nodes are areas of major recreational and tourism potential: It is therefore important to ensure that the proposed Draft Plan of Subdivision, which is located directly east of the Zoo lands, does not result in adverse impacts to the Bowmanville Zoo establishment. The proposed uses are to remain compatible with the Zoo lands with respect to public access, separation of uses and visual impact. The applicant has taken into account the concerns raised by the Bowmanville Zoo and the Municipality, with respect to public safety and animal safety and is confident that they will satisfy all of these concerns (see Section 10.0 for further details). 6.0 ZONING BY-LAW 6.1 The subject lands are currently zoned "Agricultural (A) Zone" and the "Environmental Protection (EP) Zone". The applicant has applied to rezone the property to permit the proposed Draft Plan of Subdivision. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Environmental Impact Study (EIS) In accordance with the policies of the Clarington Official Plan, Aquafor Beech Limited conducted an EIS on behalf of the Municipality of Clarington during 2007 and 2008. The study was undertaken to identify any .significant features and the extent of related constraints such as hazard areas, to examine the Soper Creek and East Soper Creek that traverse the property, to review all natural heritage issues associated with the property, including any woodlands. The EIS also identified cumulative impacts and recommended mitigation measures. The EIS found no significant species, nor rare vegetation community types in the subject study area. REPORT NO.: PSD-086-10 PAGE 8 7.2 The study made a number of recommendations, which include the following: i) A 5 metre setback from the western edge of the worked agricultural field; ii) A 10 metre setback from wetland features associated with the East Soper Creek in the southwest area of the property; iii) A 30 metre Coldwater fisheries setback from each bank of the Soper Creek and East Soper Creek; iv) Vegetation replanting along areas of the Soper Creek with native species; and v) Erosion and sediment control measures to be adhered to prior to and during construction. 7.3 Some of the recommendations have been implemented in the redesign of the Draft Plan of Subdivision. If approval of the subdivision occurs, the remaining recommendations of the EIS would be implemented #hrough conditions of draft approval, through permits required from the Conservation Authority and development agreement with the Municipality of Clarington and through detail design review by Engineering Services. 8.0 PUBLIC SUBMISSIONS 8.1 Two (2) public meetings were held concerning the subject applications; the first meeting was held on November 21, 2005 to discuss the proposed Draft Plan of Subdivision and rezoning applications, and the second meeting was held on December 1, 2008 to discuss a revised plan and Official Plan Amendment. There were a number of concerns from residents on the submission of the applications. These concerns are summarized as follows: - Conflict with the existing zoo pertaining to security for the zoo, security for private citizens and setback from development to animals and manure; - Impact of development on abutting agricultural uses by light and dust; - Impact on residential wells along Lambs Road; - Increased traffic on Lambs Road; - Development is at too high density; - Impact on taxes of rural residential properties in the area; - Protection ~of the existing tree line along the west side of Lambs Road; and - Constitutes urban sprawl on the east side of Soper Creek. 8.2 A number of the residents' concerns have been addressed by the applicant and others will be addressed through conditions of approval (see section.10.0 for further details). 9.0 AGENCY COMMENTS 9.1 Hydro One Networks Inc., Rogers Cable Communications Inc. and Clarington Emergency & Fire Services offered no concerns or objections to the proposed Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment. REPORT NO.: PSD-086-10 PAGE 9 9.2 Enbridge Gas Distribution Inc. offered no concerns or objections to the proposal and asked that a number of standard conditions be included in the conditions of draft approval. 9.3 Kawartha Pine Ridge District School Board (KPRDSB) has confirmed with Staff that a new school site is no longer required within the proposed Plan of Subdivision. Students will be accommodated in an expanded Vincent Massey Public School or John M. James Public School. KPRDSB students will be bussed and will walk to school from the proposed Draft Plan of Subdivision. For this reason, KPRDSB requests that the phasing of the subdivision must at all times afford a continuous and safe walking route for pupils, from their homes to their school. The comments made by KPRDSB also represent the comments from the Peterborough Victoria Northumberland and Clarington Catholic District School Board. 9.4 The Central Lake Ontario Conservation Authority (CLOCA) has reviewed the Environmental Impact Study (EIS) prepared for the subject site and find it to be generally acceptable; however, some minor revisions are required. In addition, a complete stormwater management report and detailed design will be required prior to CLOCA's final approval. Although CLOCA has outstanding concerns with the EIS and Functional Servicing Report, they believe these issues generally relate to the detailed design and can be addressed through conditions of approval. A number of standard conditions are requested by CLOCA, including: satisfying recommendations of the EIS as amended; approval of final erosion hazard limits; preparation of a restoration plan; dedication of open space blocks to the Municipality of Clarington; installation of non-gated fencing along the rear of lots abutting open space blocks; preparation of a Homeowner's Guide relating to the natural heritage features on the site; and the submission of a landscape plan for CLOCA review. 9.5 Bell Canada has advised that a telecommunication facility easement will be required to service the subject lands. The applicant is required to make appropriate arrangements prior to the issuance of final plan approval. Bell Canada also provided a number of standard conditions of draft approval. 9.6 The Region of Durham Planning Department has no objections to draft approval of the proposed Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment. The proposed development lies within the existing Zone 1 Water Distribution System, in the Bowmanville Urban Area. The estimated static water pressure for this area is approximately 71-85 psi. Areas with static pressure exceeding 80 psi will require the installation of individual pressure reducing valves (within each residence at the developers expense) in order to limit the static pressure to not more than 80 psi. Municipal water supply can be provided from the existing 900 mm~watermain on Regional Highway No. 2 at Haines Street. The developer will be required to extend a 300 mm watermain on Highway No. 2, easterly to Lambs Road, on Lambs Road northerly to Concession Street East and on Concession Street East westerly connecting to the existing 300 mm watermain at Soper Creek Drive. REPORT NO.: PSD-086-10 PAGE 10 Municipal sanitary sewers are available from a 675 mm trunk sewer on existing easement at Barley Mills Crescent. The developer will be required to extend the trunk sewer easterly crossing Soper Creek to proposed Street "H" in order to service the lands as well as external lands to the easf of Lambs Road and to the north of Concession Street East. However, sanitary sewer capacity is currently not available to support the subject development. In order to provide municipal sanitary sewer servicing capacity for the proposed development, upgrades and/or expansion of the Port Darlington WPCP plant or alternative measures are required. A Noise Impact Study has been prepared and was submitted to the Region for review. In general, the Noise Impact Study is acceptable and the subdivision agreement for this development should include the necessary provisions to ensure that the recommendations of the study are implemented. The subject site is located within the Province's Proposed Final Built Boundary for the Growth Plan. The net density of the proposal is 29 units per hectare. The Region's Growth Plan conformity study (Growing Durham) has proposed an average density target of 50 to 55 units per net hectare in Greenfield Living Areas with a 28 unit per net hectare minimum density. The development proposal meets the minimum density target as recommended in the Growing Durham study. In accordance with By-law 11-2000, the application to amend the Clarington Official Plan is exempt from Regional approval, and the Region has provided a set of standard conditions that have been incorporated into the proposed conditions of draft approval (Attachment 5). 9.7 Clarington Engineering Services Department has provided the following comments with respect to the revised proposed Plan of Subdivision: The timing for the actual development of the subject lands will be dependent upon the timing of upgrades and improvements that will be required to the municipal infrastructure (roads, sewers, sidewalks, street lighting, traffic control, etc.) within the subject portion of the Bowmanville Urban Area. The applicant has submitted a proposal entitled "Staging Infrastructure Improvements" (Sernas, December 2009). The report proposes certain infrastructure improvements in the absence of full urbanization of Highway 2, Lambs Road and Concession Street East where they abut the subject property, which are acceptable to the municipality, except for the. section dealing with pedestrian sidewalks. The applicant will be responsible for providing sidewalk connectivity from Street `A', north on Lambs Road and west on Concession Street East to the existing sidewalk network, in addition to a pedestrian trail network along the east side of Soper Creek, and north side of the East Branch of Soper Creek. Grading and drainage details will be refined during the review of the detailed engineering submission and the submission of a facility site plan will be submitted by the applicant to ensure that the park block can accommodate all of the typical features the Municipality requires in a neighbourhood park. The applicant will be responsible for 100% of the cost and construction of the park. Fencing will not be~required between the pond block and the park block to ensure that the stormwater management pond block is integrated into the park site. The conditions of approval incorporate the above mentioned requirements, in addition to all standard engineering requirements. REPORT NO.: PSD-086-10 PAGE 11 10.0 STAFF COMMENTS 10.1 Since the last Public Meeting, the applicant has been working with Staff, agencies and the owners of the Bowmanville Zoo, and has been successful in resolving the majority of the outstanding issues. The following table compares the original submission, with the revised Draft Plan of Subdivision currently presented for consideration (Attachment 2), which incorporates comments from Staff and agencies, and addresses some of the concerns raised by the Bowmanville Zoo as well as the recommendations from the EIS. Table 7: Original Draft Plan vs. Revised Draft Plan #'of lots/b~l'ocks ~: s Hec~tal~es-~- ~ ~ H~A ~ ` #yo~ 4t, ~~ lots/b~ocks f, ~ectar.~s~ '~ ' ~HA , :~ Low Densi 372 15.700 273 11.102 Medium Densi 50 1.413 268 7.614 Residential Sub-total 422 17.113 541 18.716 School Block 1 - 2.192 0 0.000 Park Block 1 1.620 2 2.674 Stormwater Pond Block 1 1.618 1 1.850 O en S ace Block 2 13.677 2 15.539 Block Retained B Owner 1 1.306 1 1.209 Easement/Walkwa 1 0.045 1 0.030 Reserves 3 0.029 5 0.005 Widenin s 3 1.201 4 1.226 Roads n/a 7.240 n/a 4.792 TOTAL 46.041 46.041 Table 1 shows that although the 2.192 ha school block was declined by the school board, only an additional 1.6 ha was used for proposed residential uses. Additional lands were required through the Environmental Impact Study to increase the open space blocks by 1.862 ha. Also, the applicant has increased the amount of parkland in the proposed subdivision, from one park block originally, to two park blocks (a 2.608 ha park and a 0.143 ha parkette). The applicant has been able to increase the unit count from 422 units to 541 units by increasing the number of medium density units. The majority of these medium density units (239 units) will be contained in two medium density blocks located at the north and south ends of the proposed subdivision with direct access to Lambs Road. There is significantly less land area consumed by public roads in the revised plan. However, private roads will be required to service the proposed medium density blocks. 10.2 The proposal uses agrid-like street pattern with the medium density areas located in two (2) blocks, one (1) at the north end and one (1) at the south end, both adjacent to Lambs Road (which is a Type B arterial). Both medium density blocks are proposed to have direct access to Lambs Road. The remainder of the site will be low density with no vehicular connections to Concession Street East or to Durham Highway 2. Although the street pattern is grid-like, there are no designated collector roads within the proposed subdivision. All traffic is guided to local roads which exit directly onto Lambs Road in two (2) locations (Street `A' and Street `B'). REPORT NO.: PSD-086-10 10.3 Official Plan Amendment PAGE 12 The Official Plan Amendment has been submitted, firstly to delete the public elementary school symbol and secondly to increase the low and medium density unit allocation and thus the population, within the Vincent Massey neighbourhood. i) School Site: The School Board has confirmed that they have no interest in acquiring this site for school purposes. As a result, the school site is being proposed for additional residential development. With respect to the loss of green space as a result of the deletion of the school site., the "green" area of the proposed subdivision is approximately 44% of the total lands. The applicant's planning justification report suggests that the deletion of the school site will not adversely impact the residents of the proposed subdivision as more than adequate green area is provided for the use and enjoyment of the future and existing residents. In addition, a parkette has been proposed at the north end of the subdivision to provide additional green space. The Municipality's amenity guidelines will require outdoor amenity area. to be provided in both of the medium density blocks. ii) Dwelling Unit and Population Increases: The deletion of the school site, that was to be approximately 2.19 ha, provides additional lands for housing development that was not previously anticipated. This contributed approximately 50 additional dwelling units. Through the review process, the applicant has also increased the number of medium density units from 50 medium density units in the original application to 268 medium density units in the revised application currently presented for consideration. The increase in dwelling units correspondingly results in an increase in overall population for the Vincent Massey Neighbourhood. The increase in unit allocations and overall population within the Vincent Massey neighbourhood is supported under the Provincial Growth Plan and is satisfactory to the Region of Durham. Although the subject lands are. indicated as being within the Built Boundary in the Provincial Growth Plan, the subject lands have very similar land characteristics to Designated Greenfield Areas. The proposed increase in dwelling units within the proposed draft plan, results in density of 29 units per net hectare, which is consistent with the intensification targets for Designated Greenfield Areas of 50 persons and jobs per hectare (within the Growth Plan, density targets are measured over the entire Greenfield Area, excluding features such as valleylands, wetlands and similar natural heritage features). 10.4 Residents' Concerns Area residents have raised a number of issues with this proposed plan of subdivision both at the public meetings and. through public submissions. The following discussion outlines how their concerns have been addressed to date. REPORT NO.: PSD-086-10 PAGE 13 i) Security for the Zoo and future residents -The Municipality has facilitated and participated in meetings between the applicant and the Zoo to discuss security measures which would protect both the Zoo (animals and property), and future residents. ~. Due in part to the willingness of both parties to take part in open discussions with Staff, both parties have, for the most part, reached an understanding that appears to satisfy the needs of both parties, and the needs of the Municipality. ii) Setbacks from Zoo animals and manure -This is discussed in detail in Section 10.5 However, the Draft Plan of Subdivision has been revised to show that the closest dwelling to the Zoo is 168 metres distant from the manure storage, which exceeds the-142 metres recommended by the Ministry of Agriculture, Food and Rural Affairs Minimum Distance Separation (MDS) Formulae. The Bowmanville Zoo is satisfied with this proposed separation. iii) Impact on Abutting Agricultural Uses -Through data supplied by the applicant and reviewed by Clarington, the Central Lake Ontario Conservation Authority and the municipal EIS consultant (Aquafor Beech), it has been determined that ground water flow in this area is from north to south and east to west, towards the Soper Creek and East Soper Creek, thus there should be no impact on rural residential dwellings located on the east side of Lambs. Road. It has also been included as a condition of approval, that the Owner is responsible for connecting any affected party to the municipal water system or providing a new well where extension of municipal water is not feasible, or where a party's water supply has been interfered with as a result of construction or development of the subdivision. Mostert Greenhouses were also concerned about the impact of light and dust on their greenhouse operations. It is acknowledged that development of the lands is likely to increase dust levels in the area during construction. The Municipality has provisions to govern dust control on construction sites in the subdivision agreement. The lands on both sides of Lambs Road are within the urban boundary where more intense development is to be directed. There vvill be light from this subdivision in the future, and there will be street lights in the future on Lambs Road. The timing of these street lights is determined by a number of factors, including the economy as a whole, the demand for development by developers and the municipal capital works budget. Lighting on municipal roads is designed to provide a safe level of service -- with minimal light spill beyond the street line. iv) Increased Traffic on Lambs Road -Lambs Road was designated as a Type B arterial in the Durham Regional Official Plan in 1993 and the Clarington Official Plan in 1996. As such this road will at some time be reconstructed with aright-of-way width ranging from 30 to 36 metres. Type B arterial roads are to be designed to move significant volumes of traffic at moderate speeds. The proposed development along Lambs Road has been planned for through both the applicable Official Plans and their subsequent policies. The application provides for the appropriate road widenings. REPORT NO.: PSD-086-10 PAGE 14 v) Development is at Too High a Densify -There will be a significant increase in density-from the few houses currently existing along Lambs Road to an urban type development. The Provincial Growth Plan requires all new development to be at a higher density than previously achieved all across the Greater Golden Horseshoe to prevent urban sprawl. This development averages 29 units per net hectare, ranging from 24.6 units per net hectare for the low density and 35.2 units per net hectare for the medium density. This meets the current policies of the Clarington Official Plan which permits densities of 10-30 for low density development and 31-60 for medium density development. vi) Impact on Taxes of Rural Residential Properties in the Area -These applications do not change the Official Plan designation of "Future Urban Residential" or zoning of "Agricultural" on surrounding properties. Residents may find their property values increase or decrease depending- on the economy and the development pressure on the east side of Lambs Road in the future. vii) Protection of the Exisfing Tree Line along the West Side of Lambs Road -Trees along the west side .of Lambs Road were not identified through the EIS as significant trees to be protected. However, if approval is given for this plan of subdivision, a tree preservation plan will be required. The Municipality will seek to ensure that mature trees, where possible, will remain. However, although the proposed subdivision may not affect the trees, the future urbanization of Lambs Road may. It is a recommendation of the EIS that the applicant be required to do plantings along the Soper Creek to enhance the health of the Soper Creek, that additional planting south of Concession Street East in the northwest corner of the development be done and that some transplanting of regionally rare species be done to ensure continued survival viii) This Development Constitutes Urban Sprawl on the East Side of Soper Creek - The subject lands have been within the urban area boundary of Bowmanville since the approval of the Regional Official Plan in November 1993. The lands east of Lambs Road extending to Bennett Road are designated Future Urban Residential Area and are also within-the Bowmanville urban area boundary. 10.5 Bowmanville Zoo The Bowmanville Zoo (the Zoo) abuts the south west portion of the property for a distance of approximately 380 metres. The Zoo also shares a boundary with the Municipality's Mearns Avenue Park, about 420 metres in length. The Zoo has .raised a number of concerns, but primarily two key issues: i) Security: It is the configuration of the Zoo and its enclosures relative to the proposed Draft Plan of Subdivision that concerns the Zoo's owners. The Zoo states it has been able to abut the Mearns Avenue Park boundary in a harmonious manner as the Zoo does not occupy any of their lands north of the Soper Creek at this time. This unoccupied area and the creek have created a buffer between urban. uses and the Zoo. However, the Zoo has developed animal enclosures and buildings along its eastern limits as historically the easterly abutting property has been used for agriculture and prior to 1996 was beyond the Bowmanville urban area limit. REPORT NO.: PSD-086-10 PAGE 15 The Bowmanville Zoo requested a variety of security improvements including a buffer area between the proposed dwellings and the Zoo and improved fencing, at the expense of the applicant. The Zoo has also submitted a disk containing summaries of zoo incidents worldwide for the last two (2) years. Staff have reviewed the zoo incident summaries and would note there are a variety of articles regarding zoo security, zoo animal attacks on people, and incidents of people trespassing or causing harm to zoo animals. ii) Odour and Future Residents: Staff contacted the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) regarding the application of their Minimum Distance Separation requirements for this development relative to the Zoo. These factors are typically used for livestock and are applied outside urban area limits. However, they may be used by the Municipality to evaluate the impact of the zoo animals and their manure production on proposed residential dwellings. The applicants submitted an Agricultural Analysis which indicates a minimum setback of 142 metres to any dwelling unit is appropriate. The draft plan of subdivision has been designed to achieve this, and indicates a minimum setback of 168 metres to the nearest dwelling unit. A key consideration is that the Zoo follows acceptable standards for manure handling and disposal. After a number of meetings held between the applicant, the Zoo and Staff, all parties have for the most part come to an agreement that would satisfy the needs and concerns of the Zoo, the Municipality and the developer. Firstly, the Zoo was satisfied with the proposed separation between the Zoo property and any residential dwellings within the Draft Plan of Subdivision. Secondly, the applicant offered to dedicate a 3 metre wide strip of land along the entire shared property line between the Zoo property and the stormwater Pond Block, in order to afford the Zoo additional space for their day to day operating needs. The Zoo was quite satisfied with this offering. Lastly, it was determined that the applicant will be responsible for constructing a safety barrier between the Zoo property and the subject property in the form of anon-scalable, non-gated and smooth surfaced wall with razor wire positioned at the top edge of the wall. Additional features such as the planting of unfriendly vegetation along the length of the wall will be incorporated through the design of-the stormwater management block, as a means of further deterring the public from entering the Zoo lands. The primary function of the wall is to discourage people from trespassing onto the Zoo property and potentially injure the animals or become injured themselves. The secondary function of the wall is to keep the Zoo animals within the limits of the Zoo property, by adding a physical barrier which would be difficult to climb or pass through in case an animal were ever to escape their respective enclosures. The proposed barrier will be built entirely upon the Zoo property, and therefore will not become the responsibility of the Municipality when the abutting lands (stormwater management pond block) are transferred. Staff are satisfied that the proposed barrier wall will, in addition to providing security measures for the Zoo, provide the needed separation between public and private uses. REPORT NO.: PSD-086-10 PAGE 16 The Bowmanville Zoo, however, is not entirely satisfied that the wall will meet their security needs for keeping animals within the Zoo property if they were ever to escape their enclosures. The proposed conditions of approval require the applicant to, at the very least, construct the non-scalable wall to a height of 2.43 metres with razor wire, which is sufficient to keep people from trespassing onto the Zoo lands. The Zoo has informed Staff that in order to maintain their accreditation through the Canadian Association of Zoos and Aquariums, the barrier wall may need to be built at a height greater than what the applicant is proposing to build. 10.6 Proposed Amendment to Fence By-law The Municipality of Clarington's Fence By-law specifically allows barbed wire on a fence located on lands in an agricultural zone, and actively used for the.purposes of keeping livestock. As previously mentioned, the Bowmanville Zoo has requested that the applicant construct a barrier wall/fence with razor wire instead of using barbed wire. The Zoo indicated that if a large cat were ever capable of scaling the proposed barrier wall, barbed wire would not be sufficient to keep the animal from climbing over to the other side. A formal request was submitted by the Bowmanville. Zoo, to amend the Fence By-law to allow razor wire on a fence on the Zoo's property in conjunction with the future fence. The amendment would create an exception for the Zoo property only, and would not apply to any other property in Clarington. Considering the unique circumstances for the request (proximity of new living areas to Zoo animals), Staff agree that the Zoo's wishes for added security measures is warranted. If the Zoo is not granted an exception to the Fence By-law (Attachment 7), the proposed conditions of approval, as contained in Attachment 5, will be amended by Staff accordingly. 10.7 Proposed Amendment to Zoning By-law It is recommended that the lands be rezoned to allow development of the subject lands, as proposed. The.Holding .provision will be utilized to ensure adequate access and services prior to development and will be lifted by Council when the appropriate conditions are met. It is recommended that the Soper Creek and East Branch of Soper Creek, inclusive of the woodlands and protective buffers, be placed in the "Environmental Protection (EP) Zone". 10.8 Valleylands The dedication of the open space blocks along the Soper Creek Valley affords the Municipality the potential for the expansion of a trail system linking Concession Street East, to the Mearns Avenue Park to Durham Highway 2, then south to the Visual Arts Centre and Soper Creek Park (Attachment 4). The trail system, east of the Soper Creek Valley adjacent to the rear of Lots 244 to 273 and Block 280 and north of East Soper Creek, is proposed to be constructed by the proponent at their expense, and will provide connection between the park and Lambs Road, as well as between the park and Concession Street East. REPORT NO.: PSD-086-10 PAGE 17 10.9 Proposed Park and stormwater Management Plan The Clarington Official Plan contains policies to guide development of park blocks: • The park system will connect with the Open Space system wherever possible. The proposed park block is located- adjacent to the stormwater management block and in between both a north and south Open Space block. This location affords. ample connectivity to the Soper Creek valley system. • Parks will be located as central as possible to the areas which They serve. The park is generally located in the southern portion of the site. However it is centrally located between the two (2) open space blocks and the stormwater management block,. providing a connection between the two (2) valley corridors. • Physical means of access shall be provided on two (2) sides of all municipal parks. This park is only accessible by a local road along part of its eastern edge and there is a pedestrian connection noted above from the Soper Creek valley. • Street frontage shall not be less than 25% of the park perimeter. Currently the park has a rectangular configuration which affords approximately 31 % of its perimeter to have street frontage. This configuration allows for generous public pedestrian access and community views into the park. Having the park block adjacert to the stormwater management pond block provides a depth to the sense of open space and, as the pond is proposed to have permanent water storage, with no chain link fencing between the pond and park blocks, the pond creates a water feature for the neighbourhood. The stormwater management pond also provides a security feature relative to the Zoo. Its long, narrow configuration provides an additional barrier to the proposed barrier wall along the property boundary. With heavy planting of unfriendly plant species on the western edge, this feature will assist in minimizing security issues. 10.10 Financial Impact Analysis In 2007/2008 a Financial Impact Analysis that quantified the overall impact of selected large scale development proposals in the context of overall growth in Clarington. The subject draft plan of subdivision application was included in the analysis. The analysis demonstrated that Clarington has a sufficient supply of land either draft approved or registered subdivisions to achieve the 10 year growth forecast under the Development Charges Study. The subject lands were not anticipated, by the Municipality to develop until beyond 2014 as municipal works required to support the development were not included in the 10 year capital works forecast. However in more recent months, the background study to the recently approved Development Charges By-law, has included some of the works required to support this development in the 10 year capital works forecast. As a result the development of the subject lands is no longer considered premature. In order to satisfy the Municipality that the proposed development will not have an overall negative fiscal impact on the Municipality, the applicant has submitted a report, to the satisfaction of the Director of Engineering Services, that recommends a number of infrastructure improvements to be implemented by the applicant until full urbanization of Lambs Road, Concession Street East and Highway 2 occurs. In addition, the applicant has agreed to pay for the development of the park and trail system, as well as a sidewalk connection to existing sidewalks at Concession Street East and Soper Creek Drive. REPORT NO.: PSD-086-10 PAGE 18 10:11 Neighbourhood Design Since the submission of the Draft Plan of Subdivision application, Staff have been working with the applicant to incorporate further urban design principles into the proposed Plan of Subdivision. In addition a number of changes were made to address the development limits defined through the Environmental Impact Study. The applicant. has made revisions to the proposed Draft Plan of Subdivision to include defined medium density blocks, increased view corridors to the Soper Creek valley, a wider variety of lot widths ranging from 10 metres to 15 metres, a green area (parkette) in the north part of the development, improved exterior (flankage) elevations, and improved noise fencing. 10.12 The proposed conditions of draft approval contained in Attachment 5 to this report have been prepared to the satisfaction of the Directors of Planning Services and Engineering Services. In addition, the applicant has provided Staff with their concurrence to the proposed Conditions of Approval (Attachment 5) with the understanding that the conditions relating to the interface between the Zoo and the development lands may be amended depending on further discussions with the Zoo. 10.13 All taxes are up to date on the subject lands. 11..0 CONCLUSION 11.1 In consideration of the findings of the Environmental Impact Study, comments received from circulated agencies, area residents and the Bowmanville Zoo, and based on review of the proposal, staff recommends that the Official Plan Amendment, Draft -Plan of Subdivision, Fence By-law Amendment and Zoning By-law Amendment be approved. Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Plan of Subdivision Attachment 3 - Clarington Official Plan Amendment Attachment 4 - By-law to Adopt Clarington Official Plan Amendment. Attachment 5 - Conditions of Draft Approval Attachment 6 - Zoning By-law Amendment Attachment 7 - Fence By-law Amendment Attachment 8 - By-law Authorizing Subdivision Agreement REPORT NO.: PSD-086-10 List of interested parties to be advised of Council's decision: Far Sight Investments Limited Sernas Associates Allison Lester Anne Caroline Wilson Bernie Hirseland Bert Newtel Betty Marti Dale Toombs Dave & Shelley Winkle Deborah Patrick Derrick Stein Dr. Wendy Korvar Frank Lockhart Julie Mackenzie. John O'Toole PAGE 19 Lorne Morton Lyndsay Luckhardt Margaret Quinney Mark & Cheryl Rigby Marlene Amos . Mary Mogford Matt & Marianne Yeatman Michael Hackenberger (Bowmanville Zoo) Mike Domovich Peter Klose Rhonda Hooper Richard Mostert Shirley Amos Shirley Johnson Tom Campbell Attachment ~~ To Report PSD-086-10 ~. 2~- m ~ v •C ~ C r J ~ ~ d ~ d ~ .y o ~ ~ ~ oo ~ N •> E m o~' o~ o~ m ~ a n c a c a ~ y ~ 0 0 ,F. ... c N ~o N _~ ~ ~ ~ mm Qa v_~ N ~ 3` N °~ O ~° ~ a `0 c'n ~ ® N ~ ~ C a ® 1 ~~ W N O_ o O ovoa sewm avoa sewvi 'x ~~ 6 ~~^ ~ ~ ~ 4 i , r~~~ }~~~~ ~ ~ ~ d ~ ~ ~ ~l~ F M t % n9 B ~~a ~`~3Yls ~ ~ i a, 133Y1s ~ ~ ~y~y% J RW X ~_~ ~~ S, N ~~~ ~ ~ ~ ~ rg i H33y, a3dos U V Z! C ~ ~`~ u~ nvN3n~ ~ ~ ~ ~ ~ ~ ~ o y 2 S 1N3~S3a~ 5213133~W vF 3f1N3AV SNNV3W 3f1N3ntl 6N?Jtl3W ~ ~ ~ /'1LtQV11111C1It L T,, o,,.....f oer~ 086 10 ---z ~ .; r - _ ~~~~. t~~aK s. ( I ~m C2~f I ~ ~- -' J I ~ ~ I- a I I I r, J S J a /~Ee $i ~ ~,o-~ ~ I W L„-I ~< > ~ I v~, LI ti 7 3 rub I ~ ~- a 'I I~ ~16, ~~~I7~J I ~r~t9~18 ^ I I~ ~~ / Ira `~ I I~ ~' Sul I a; ~ I ~~~!`w y 12 //" 29 y ~a{~T~Yy I %y Oi ~K I~ I~ I o: I I I ~~~ I ~ I _, I I I F I I I I `"' ~ I I I I I ~ I I , I I I I r-_-- I ~ I I EI 1, I I I I ,1 I I / f ~~ ~~, 4 \ L! ~ .. .~ I.I ~~\ c,~`~. I r~ ~~ ntT.~.. I *\,,, I'~ I I I ;I I I I 'I I I I I ~-----1----~--i-- I I ~-----~ I I I I I~``- - I I >~~ ,, 1 ~ I ~ `~ I I I ~~ I ~_J ~ I ~ ~~~~ ----------~i 1 I I R/P Date -JUNE. 71, 2010 Flle: 02072A-DARLINGTONMILLS-OPI-ASSEMBLY-REVJUNEf1-10.DWG REVISED Draft Plan FOR PART OF LOT 7, CONCESSION 1 MUNICIPALITY OF CLARINGTON REgONAL 'MUNIgPAUTY OF OVRNAM ~, ~~ { ~ ~ i~t' .~ ~ Ir ~» y~ { ~ i , > ,,,. Bowm~hvllle .:, ~ ~:,~ `~.d I,r_ I 1,., a _ _ Y, _~.Lake`~b~IOrlo ..~a LOR DEIIfITY RE9OEN7IIL yg{ ~p.~q ~~ ~~0~ N4~Intl-Iii~tleF~a1MI t01gMt1,~~1~)1-1anla 111-1~1fK~, FeI-(1M 1 O~/gtw Wla) I~MFD T~ MITF ~ .1Y~ ~1~- K IA-~ M ~Fl." ~n un~a I~..oaS 13F 1w n1gllFau IMF I J0. 1-114 111-aN~). yMF~IK n DIITAaF9 FalFIW 1StK1EQ-iK lOls/iC WR~ R1TAL ~ LOTS/lNili Ss. RE90EIITLLL(na Mln/ mural mTAL AIEA aRaa FAMAY RESIOEdnAL - niaa r YEDIIIY DEN97Y RE9OElITIK Tw F1FFR) leoWFO - FIeOD t)1 -• 1i)pF ~ (M 1 M1nV~ Laol T0.YFFLO - FI(OOIF~/Irl - ~ ael0~ti TOTAL / UNIIi RC9MHRK (FM IMI-0 TOTAL AREA IIE9ppIllAl - anF M pAANIAIQTTE - FILOn aFl A m iFN Ir fTtl1Y WATER FACYJTY- L0.IX >V - IJMaM OPD1 FACE - FIaGF LI • M6 - Iasa1M RETAFED BY' O'MRTt - LFOI iF1 - I.faF1r O.am RESERKS - Latin ,~ - fn _ 444E Ir ROM MOFNNDS - ouon >« _ >« IaaFt. ROME IFA n A0.l - faFw - a.aMti Ka w a0.R - 10.n w - AUI M Ka m a0.R. - h w - 0.tA M J •~_ 1s.al n. DALE COKENIB BY AFG ao analL wool Few aaa aT~ arsFa ex +FL seal into arloa acr. Foa 1111® Frnaa wr aew AT1~ aiwm 11L aae Igoe arml DM/IDfi CER1fICAR >uhEY01Yi CERRRGA7E •aouluFF a wi' ..o •FawrvR a nr •wF. n - Fr ... error 16i.'2Nes O~~OGOTl~ TTDSwEFCart ri~iaiwoz UIi 41 FS65.LT270T7 VfHDT,ON FGaFF.00111 - L1N SV1 Darlington. Mills DP-1 I ~~ i I I I ~ , I I I I ..m.....,.. Attachment 3 To Report PSD-08610 AMENDMENT N0.76 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to delete the Public Elementary School symbol from the subject lands, to adjust the allocation of low density and medium density units and neighbourhood populations in the Vincent Massey Neighbourhood accordingly. LOCATION: The subject lands are located west of Lambs Road, south of Concession Street East and north of Regional Highway No. 2,within Part Lot 7, Concession 1, former Township. of Darlington. BASIS: This amendment is based on Council's consideration of an Official Plan Amendment (COPA 2008-0006) submitted by Far Sight Investments Ltd. for the development of 541 residential units on the subject lands. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: i) By amending Map A3 "Land Use Bowmanville Urban Area" by deleting the Public Elementary School symbol on the subject lands as illustrated in Exhibit «A,,. ii) By amending Table 9-2 "Housing Targets by Neighbourhood" as it applies to Bowmanville Neighbourhood "N5 Vincent Massey" to reflect the following: (i) Low Density Units from 1025 to 1125 (ii) Medium Density Units from 200 to 250 (iii) Total Units from 1400 to 1550 (iv) Amending all corresponding totals. iii) By amending Map H2 "Neighbourhood Planning Units - Bowmanville Urban Area" by changing the population of the Vincent Massey Neighbourhood (5) from "3600" to "4350" as illustrated in Exhibit "B". IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this amendment. . INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this amendment. Cc: LDO Exhibit "A", Amendment No. 76 To the Municipality of Clarington Official Plan, Map A3, Land Use, Bowmanville Urban Area ',~" I ~~~'F j //~ VNF ' //~ I i ®a /// ~ ./// % . /~~ M ` / ~ M %/// ~~ /// !ii ~ i f =' Q OM OM O ®O CONC N RQ _ 3 ® O O O ~ A' O ~ ~ •Y r5 j ,,~ ~ i o H ~ ~ ®~ M ~, N o 0 M `` O W OM O ~ Oi F ~ M O W / W ~ O Z m ~ ~ M O SPECIAL jH^~ POLICY AREA E ~ ~ ~:J ^ CONCE D l t P blic Elementa M O e e e u ry ^ School Symbol ~ i ii N O M i ~ '•. ^ SPECIAL ^ ^ POLICY ^ AREA E ~ ~~~~~1 O ~O ~° ~ i ® Exhibit "B", Amendment No. 76 To The Municipality of Clarington Official Plan, Map H2, Neighbourhood Planning Units, Bowmanville Urban Area r-- - - - I 10 i N ~ ~) I ~ 0 200 100 600 600 m 200 m ~ CONCESSION ROAD 3 ~ - - i ~ I 9 & KNO ~ ~yyl ~ ~ (~ ) ~ (5500 ~ ~ m ~, 11 ~ 7 ~ ~ BROOKHI 6 ~ ~ (3900) ~ ( 900) APPLE 8~ M I 4 CONCESSION STREET ~ KING ST• m 2 (2~ 5 ' 1 S 1 2 TowN cENiRE cENrRE ~N ( ) ~ 3 DARLINGTON I (300) ~ GREEN /•[nnM~ 1 1 14 (3100) Change Population WAVERLY 1 From "3600" To "4350" 3 (4200) ROAD 1 I 1 I1 ~" ~ ~ 15 ~~ ~' zl m ~ ~aKE ONTAR/O '' MAP H2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFlCIAL PLAN MUNICIPALITY OF CLARINGTON - URBAN BOUNDARY JANUARY 1, 2010 NEIGHBOURHOOD BOUNDARY REFER TO SECTIONS 5 ANO 9 rn~ corsoua-noN a raanoFU roH coNVOr~cE oN~Y (1000) POPULATION Iwo REaRESFxrs eeuua~o ~oo~noNS Iwo ,wrROVa,.s Attachment 4 To Report PSD-086-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to adopt Amendment No.76 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to delete the Public Elementary School symbol from the subject lands, and to adjust the allocation of the neighbourhood population in the Vincent Massey Neighbourhood accordingly. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No.76 to the Clarington Official Plan being the attached Explanatory text is hereby adopted. 2. This By-law shall come into effect on the date of the passing hereof. 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 Attachment 5 To Report PSD-086-10 CONDITIONS OF DRAFT APPROVAL Draft Plan of Subdivision S-C-2005-002 Part Lot 7, Concession 1, Former Township of Darlington Dated June 15, 2010 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft. plan of subdivision S-C-2005-002 prepared by Sernas Associates on Part of lot 7, Concession 1 in the former Township of Darlington, identified as job number 02072a, dated May 26, 2009, which illustrates 273 single detached dwelling units, 5 blocks for 29 street townhouse units, 2 blocks for 239 block townhouse units, open space blocks, a stormwater block, park block, 0.3 metre reserve blocks, roads, road widenings and a block retained by the owner. RED LINE REVISIONS 2. The following revisions must be made to the plan: i) A 3 metre wide strip of land, along the entire shared. property line between the Bowmanville Zoo property and Block 283, shall be illustrated on the plan as a Block to be dedicated to the Bowmanville Zoo. Please revise the "Schedule of Land Use" accordingly; and ii) The medians depicted on the plan at the intersections of Lambs Road and Street `B', and Lambs Road and Street `A' shall be removed from the plan. FINAL PLAN REQUIREMENTS 3. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan free and clear of all encumbrances. 4. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of .Durham and the Municipality of Clarington. 5. The Owner shall prepare an Environmental Sustainability Plan, prior to final approval, for approval by the Director of Planning Services and the Director of Engineering Services. This plan shall identify .specific measures on how development in Plan S-C-2005-002, will ensure the protection, conservation and enhancement of air, water, and ecological features and functions, energy and other resources and heritage resources. As a minimum, the report shall address; i) Energy conservation measures for new homes, such as the construction and operation of new residential building to a minimum rating of 80 or more in accordance with Natural Resources Canada "EnerGuide for New Houses" or equivalent certification system; ii) Water conservation measures for new homes such as the Water Sense program or equivalent program; iii) Use of environmentally friendly materials or finishes in the dwellings; and iv) The preparation of a Homeowners Manual/Guide to distribute to all property purchasers in the development area educating landowners about the wetland, Coldwater creek, wildlife and valleylands. 6. The Owner shall prepare a Community Theme and Urban Design Implementation Plan, prior to final approval, to the satisfaction of the Director of Planning Services and Director of Engineering Services. This Plan shall confirm and control intended pattern of development in the Plan of Subdivision S-C-2005-002. The Plan shall include the proposed network of roads, transit, pedestrian and bicycle routes, the location of specific features, sites and residential lots within the neighbourhood such as corner lots, and T-intersections that require specific lot and building placement, orientation and architectural features, design concepts for community theming including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. 7. The Owner shall submit to the Municipality of Clarington and the Regional Municipality of Durham, for review and approval, an acoustic report (and addendum, where applicable) prepared by an acoustic engineer based on projected traffic volumes provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended ,noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author; title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 8. .The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 9. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. The Municipality shall require.. the preparation of a separate subdivision agreement for each phase of development. 10. The future phasing of this draft plan will be restricted by the number of external accesses that are available. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permits in any single phase of the development will be determined at the engineering stage and shall be at the sole discretion of the Director of Engineering Services. 11. The Owner shall submit to the Municipality of Clarington, for review and approval, a Staging of Infrastructure Improvements ~ .Report, (and addendum, where applicable) to the satisfaction of the Director of Planning Services and Director of Engineering Services. The report shall indicate what infrastructure improvements are necessary to facilitate the anticipated growth, in the absence of full urbanization of Highway 2, Lambs Road and Concession Street East, where they abut the subject PropertY• 12. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 13. The Owner shall retain a professional engineer to prepare .and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 14. Prior to registration of any portion of the subject draft plan the owner must demonstrate how perpetual maintenance of any blocks identified as "Part Lots or Blocks" will be undertaken. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 15. All land dedications, easements, sight triangles and reserves as required by the Municipality of Clarington for this development must be granted to .the Municipality of Clarington free and clear of all encumbrances and in a form satisfactory to the Municipality's solicitor. 16. The Owner shall convey a 5.0 metre road widening across the entire frontage of the draft plan to the Region of Durham for the purpose of widening Regional Highway No. 2 as shown on Block 295. 17. The Owner shall convey a 0.3 metre reserve across the entire frontage of the draft plan along Regional Highway No. 2 to the Region of Durham as shown on Block 287. 18. The Owner shall convey a 20.0 metre x 20.0 metre sight triangle at the northwest corner of Regional Highway No. 2 and Lambs Road to the Region of Durham. 19. The Owner shall convey a 3.0 metre road widening across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Concession Street East as shown on Block 292. 20. The Owner shall convey an 8.0 metre road widening across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Lambs Road as shown on Block 293. 21. The Owner shall convey a 14.0 metre x 14.0 metre sight triangle at the southwest corner of Concession Street East and Lambs Road to the Municipality of Clarington. 22. The Owner shall convey 14.0 metre x 7.0 metre. sight triangles at the northwest and southwest corners of Lambs Road and Street A, as well as at the northwest and southwest corners of Lambs Road and Street B. 23. The Owner shall terminate any deadends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 24. The Owner shall convey the 0.3 metre reserve shown as Block(s) 288, 289, 290 and 291 on the draft plan, to the Municipality of Clarington. 25. Temporary turning circles may be required depending upon the phasing of the development. The need for any additional temporary turning circles .and frozen lots will be determined at the engineering stage solely at the discretion of the Director of Engineering Services. 26. The Owner shall convey Block(s) 281 and 282 to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. 27. The Owner shall convey Block 283 to the Municipality of Clarington for Stormwater Management purposes. 28. The Owner shall submit a facility fit plan to ensure that the park block they are proposing, Block 282, can accommodate. all of the typical features the Municipality requires in a neighbourhood park. Those features would include a water play area, traditional play area, park shelter, un-lit soccer field, connecting walkways, parking lot for 30 cars,'/z court~basketball, and a trail connection to link the open space areas north and south of the park. 29. The Owner will. be responsible for the cost (100%) of constructing the park on Block 282 as shown on the draft plan of subdivision S-C-2005-002. The Owner shall retain a qualified Landscape Architect to undertake the preparation of a detailed park concept plan followed by the preparation of park construction drawings and specifications all to be approved by the Director of Engineering Services. The park construction drawings shall clearly indicate all park grading, equipment and facilities. Park facilities to be included in the park block shall include but not be limited to: • water play area with rubberized surface; • traditional playground with equipment suitable for junior and senior age children; • hard surface play court (i.e. basketball, ball hockey); • shade structure; • ~ park furniture such as benches, picnic tables, waste containers, bike racks as appropriate; • one unlit sports field; • paved walkways/trail linkages; • lighting to discourage loitering and vandalism around the central play area; • tree and shrub planting as appropriate; • park sign; and • park entirely sodded. 30. The Owner is required to provide the park site, Blocks 282, in the registration of the first phase of development. The owner agrees to commence construction of the park Block 282 at the issuance of the 151st building permit. The Owner agrees to complete the park construction in accordance with the approved construction drawings and specifications prior to the issuance of the 240tH building permit.. The park site must be fenced and sodded to the satisfaction of the Director of Engineering Services, with a minimum cover of 200 mm of topsoil. 31. The Owner is responsible for constructing a paved pedestrian trail, along the east side of Soper Creek and on the north side of the east branch of Soper Creek, within Open Space Blocks 284 and 285. The trail shall connect with the sidewalk .network along Concession Street East, extending south within the 5 .metre buffer to the Environmental Limit along Blocks 280 and 281, and Lots 244 to 272 to tie into Open Space Blocks 282 and 283. The trail shall connect Block 282 to Lambs Road within Open Space Block 285. The design and specifications of the pedestrian trail shall be approved by the Director of Engineering Services. 32. The Owner is responsible for the removal of any material such as composted manure, fertilizer, potential environmental hazards or other unsuitable material from the proposed park block and stormwater management block prior to the transfer of Block(s) 282 ,and 283 to the Municipality. 33. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 34. The Owner shall provide and install sidewalks, street lights, temporary turning circles etc., as per the Municipality's standards and criteria. . 35. The Owner shall provide sidewalk connectivity from Street `A' north on Lambs Road, west on Concession Street East to the existing sidewalk network on Concession Street East, prior to the issuance of any building permit for a residential lot. 36. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to be buried underground. 37. The Builder shall include a disclosure in all purchase and sale agreements advising home buyers of Municipal parking regulations, to~the satisfaction of the Director of Planning Services. 38. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Director of Engineering Services. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. 39. Prior to the issuance of building permits, access routes to; the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully .serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 40. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost. for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 41. No building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the Municipality's Architectural Control Guidelines have been complied with including the exterior architectural design of each building and the location of the building on-the lot has been approved by the Municipality of Clarington. 42. No residential units shall be offered for sale to the public on said plan until such time architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. 43. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 44. The Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the .Municipality's Treasurer, with respect to Performance Guarantee, Maintenance .Guarantee, Occupancy .Deposit and other guarantees or deposit as may be required by the Municipality. 45. The Owner shall- pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time. 46. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan proposed for registration. 47. The Owner shall carry out a cultural heritage resource assessment of the subject property and- mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Regulatory and. Operations Group of the Ministry of Culture. No grading or other soil disturbance- shall take place on~ the subject property prior to a .letter of clearance from the -Regulatory and Operations Group of~ the Ministry of Culture. 48. Prior to any on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority .for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which -are appropriate and in accordance with the provincial guidelines. b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and 49. The Owner agrees that the final erosion hazards limits related to stable slope setbacks will be determined and submitted for review and approval of the Central Lake Ontario Conservation Authority. Should the erosion hazard limits extend beyond the current lot boundaries as shown on the draft plan, the plan will need to be revised accordingly. 50. The Owner agrees to carry out the requirements and recommendations of the approved Environmental Impact Study, as prepared by Aquafor Beech Limited, and dated October 2008. 51. The Owner shall prepare a landscape plan for the stream banks, the 5 metre offset to the New Environmental Limit, and the stormwater management pond for review .and approval of the Central Lake Ontario Conservation Authority and the Municipality of Clarington.. The Owner shall agree to implement the approved landscape plan prior to final registration of the plan of subdivision at 100% cost to the Owner. 52. The Owner shall prepare a restoration plan for the areas requiring restoration to be reviewed and approved by the Central Lake Ontario Conservation Authority and the Municipality of Clarington. The Owner shall agree to implement the approved restoration plan prior to final registration of the plan of subdivision at 100% cost to the Owner. 53. The- Owner shall prepare a transplant plan for regionally rare Geranium maculatum found onsite for review and approval of the Central Lake Ontario Conservation Authority. The Owner shall agree to implement the approved transplant plan prior to final registration of the plan of subdivision at 100% cost to the Owner. 54. The Owner shall dedicate the Open Space Blocks 284 and 285 to the Municipality of Clarington. 55. The Owner shall dedicate a 3 metre wide strip of land, along the entire shared property line between the Bowmanville Zoo Property and Block 283, to the Bowmanville Zoo. The dedicated block of land shall not include lands which form any part of either Block 284 or 285. ~In addition, the Owner shall include in the Homeowners Manual/Guide specified in Condition 5, a section advising future residents of the proximity of the Bowmanville Zoo to their homes and. the possibility of noises and smells associated with the Zoo. 56. The owner shall install fencing along the western boundary of the Block Townhouse Block 280, along the rear of the Lots 244 to 273 inclusive, and along the western and southern boundaries of the Block Townhouse Block 279. 57. The Owner shall install a 2.43 metre high, non-gated and non-scalable fence with razor wire parallel to the shared property line between the Bowmanville Zoo and the pond block. The fence shall run the entire length of the common property line between the Bowmanville Zoo and Block 283.This fence shall be located entirely on the adjacent zoo property within 0.3 metres of the property line. The Owner shall be responsible for 100% of the cost and construction of the 2.43 metre high fence. 58. The Owner shall satisfy all financial reguirements of the Central Lake. Ontario Conservation Authority. This shall include Application Processing fees and Technical Review fees owing as per the approved Authority Fee Schedule. 59. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this proposal 60. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide .for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 61. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 62. The Owner shall grant to the Region of Durham, any easements required for provision of Regional services for this development and these easements shall be in location and of such widths as determined by the Region of Durham. 63. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of roads, services, drainage and other services. 64. The Owner shall agree in the Agreement, to grant to the telecommunication provider any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing telecommunication facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements. 65. The Owner shall be required to enter into an agreement (Letter of Understanding) with the telecommunication provider complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed the owner shall advise the municipality of the arrangement made for such servicing. 66. The Owner is responsible for preparing a composite utility plan that allows for the safe installation of all utilities, including required separation between utilities. 67. The Owner agrees that streets are to be constructed in accordance with composite utility plans previously submitted and approved by all utilities. 68. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of the service provider. 69. The Owner shall ensure that all natural gas distribution systems are installed within the proposed road allowances. In the event. that this is not possible, easements shall be provided at no cost to the service provider. 70. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Director of Engineering Services Department. c) The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Central Lake Ontario Conservation Authority. d) The Owner agrees to carry out the works referred ~o in Conditions 5 iv), 48, 49, 50, 51, 52, 53, 54, 56 and 58 to the satisfaction of the Central Lake Ontario Conservation Authority. e) The Owner agrees to maintain all stormwater and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. f) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. g) The Owner agrees to advise the Central Lake Ontario Conservation . Authority 48 hours prior to commencement of grading or the initiation of any on-site works. h) The Builder agrees to include a disclosure in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. i) The Owner agrees to place the following warning clauses in all agreements of purchase and sale between the Developer and all prospective home buyers: i) "Due to the proximity of this plan to the Bowmanville Zoo, purchasers should be aware that noises and odours made by the animals may interfere with some activities of the dwelling occupants and they shall not object, complain or seek legal action against such nuisances." ii) "Purchasers and tenants are notified that there are existing farming operations nearby and that they shall not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices. j) The Owner agrees to strictly adhere to the site servicing plan as submitted by Sernas Associates, titled "Functional Servicing Plan" in support of Draft Plan of Subdivision S-C-2005-002. , k) The Owner agrees to implement .those noise control measures, including any required warning clauses identified, recommended in the Noise Report required in Condition 7. I) The Owner agrees to implement the staging of infrastructure of improvements recommended in the Staging Infrastructure Improvements Report required- in Condition 10 at 100% cost to the Owner. m) The Owner agrees to construct a 1. 2 .metre high chain link fence along the lots that back onto the open space, park and stormwater pond blocks, as indicated on the draft plan. That fence is to be located 150 mm onto the municipal land to ensure that it cannot be altered by the abutting land owners. n) Prior to erecting the proposed 2.43 metre high non-scalable fence with razor wire, the Owner shall prepare and submit detailed drawings for the design of the fence, to the Director of Engineering Service Department for review and approval 71. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Central Lake Ontario Conservation Authority, how Conditions have been satisfied; b) Regional Municipality of Durham Planning Department, how Conditions have been satisfied; and c) Enbridge Gas Distribution Inc., how Condition #'s have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to Phase 1 of this plan within five (5) years, and within seven (7) years for any subsequent phase of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning ,Services for the Municipality of Clarington well in advance of the lapsing date. 2. It is the responsibility of the Owner of the proposed subdivision, to satisfy . all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed. periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this .plan. The addresses and telephone numbers of these agencies are: a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, LIH 3T3 (905) 579-0411. b) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, ON L1 N 6A3 (905-668-7721) c) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1K 5E3 Attachment 6 To Report PSD-086-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2005-041; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding new Special Exception Zones as follows: "SECTION 14.6.40 URBAN RESIDENTIAL EXCEPTION (R3-40) ZONE Notwithstanding Sections 14.1, and 14.3 a., b., c., those lands zoned R3-40 on the Schedules to this By-law shall only be used for street townhouse dwellings, subject to the following regulations: a. Lot Area (minimum) 220 square metres b. Lot Frontage (minimum) i) Interior Lot 7.0 metres c. Yard Requirements (minimum) i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Interior Side Yard 1.2 metres; Nil where a building has a common wall with any building on an adjacent lot located in the same Zone iii) Exterior Side Yard or 0.3 metre reserve 4.0 metres to dwelling; 2.0 metres to porch v) Rear Yard 7.5 metres SECTION 14.6.41 URBAN RESIDENTIAL EXCEPTION (R3-41) ZONE Notwithstanding sections 3.9,14. a.,14.4 a., b., c., and f., on those lands zoned R3-41 on the schedules to this By-law shall be subject to the following zone provisions: a. Definition i) Dwelling, Stacked Townhouse: Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. b. Permitted Residential Uses i) Apartment Building ii) Dwelling, Linked Townhouse iii) Dwelling, Stacked Townhouse c. Regulations for Apartment Building i) Density (maximum) 40 units per hectare ii) Lot Area (minimum) 3.3 hectares iii) Lot Frontage (minimum) 150 metres iv) Yard Requirements a) Northerly 4.5 metres (min) to 7.5 metres (max) b) Easterly 4.5 metres (min) to 7.5 metres (max) c) Southerly 10 metres (min) d) Westerly 7.5 metres (min) v) Lot Coverage (maximum) 40% vi) Landscaped Open Space (minimum) 50% vii) Outdoor Amenity Space (minimum) 255 square metres vi) Building Height (maximum) ~ 12 metres Regulations for Link Townhouse Dwellings and Stacked Townhouse Dwellings i) .Density (maximum) 40 units per hectare ii) Lot Area (minimum) 3.3 hectares iii) Yard. Requirements to dwelling a) Northerly. 4.0 metres (min) to 6.5 metres (max) b) Easterly 4.0 metres (min) to 6.5 metres (max) c) Southerly 4.0 metres (min) d) Westerly 4.O metres (min) iv) Outdoor Amenity Space (minimum) 255 square metres v) Unit Setback Requirements For the Purpose of establishing regulations for each Link Townhouse or Stacked Townhouse dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a) Lot Area (minimum) 180 square metres b) Lot Frontage (minimum) 6 metres c) Lot Coverage (maximum) 50% d) Landscaped Open Space (minimum) 30% e) Yard Requirements (minimum) (i) Front Yard 6 metres to garage or carport; 4.0 metres to dwelling; 2 metres to porch (ii) Rear Yard 7.5 metres (iii) Side Yard 1.5 metres Nil where a building has a common wall with any building on an adjacent lot in the. same Zone. SECTION 14.6.42 URBAN RESIDENTIAL EXCEPTION (R3-42) ZONE Notwithstanding sections 3.9,14. a.,14.4 a., b., c., and f., those lands zoned R3- 42 on the schedules to this By-law shall be subject to the following zone provisions: Definition Dwelling, Stacked Townhouse: Shall mean one .of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. b. c. d. Permitted Residential Uses a) Northerly 10 metres (min) b) Easterly 4.5 metres (min) to 7.5 metres (max) c) Southerly 7.5 metres (mint d) Westerly 7.5 metres (min) v) Lot Coverage (maximum) 40% vi) Landscaped Open Space (minimum) 50% vii) Outdoor Amenity Space (minimum) 300 square metres vi) Building Height (maximum) 12 metres i) Apartment Building ii) Dwelling, Linked Townhouse iii) Dwelling, Stacked Townhouse Regulations for Apartment Building i) Density (maximum) 35 units per hectare ii) Lot Area (minimum) 3.5 hectares iii) Lot Frontage (minimum) 140 metres iv) Yard Requirements Regulations for Link Townhouse Dwellings and Stacked Townhouse Dwellings i) Density (maximum) 35 units per hectare ii) Lot Area (minimum) 3.5 hectares iii) Yard Requirements a) Northerly 4.0 metres (min) b) Easterly 4.0 metres (min) to 6.5 metres (max) c) Southerly 4.0 metres (min j d) Westerly 4.0 metres (min) iv) Outdoor Amenity Space (minimum) 300 square metres v) Unit Setback Requirements For the Purpose of establishing regulations for each Link Townhouse or Stacked Townhouse dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a) Lot Area (minimum) 180 square metres b) Lot Frontage (minimum) 6 metres c) Lot Coverage (maximum) 50% d) Landscaped Open Space (minimum) 30% e) Yard Requirements (minimum) (i) Front Yard 6 metres to garage or carport; 4.0 metres to dwelling; 2 metres to porch (ii) Rear Yard 7.5 metres (iii) Side Yard 1.5 metres Nil where a building has a common wall with any building on an adjacent lot in the same Zone." 2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1) Zone" to "Holding -Urban Residential Exception ((H)R2-58) Zone"; "Agricultural Exception (A-1) Zone" to Holding -Urban Residential Exception ((H)R2-60) Zone"; "Agricultural Exception (A-1) Zone" to "Holding -Urban Residential Exception ((H)R2-61) Zone'; "Agricultural Exception (A-1) Zone" to "Holding -Urban Residential Exception ((H)R2-62) Zone' ; "Agricultural Exception (A-1) Zone" to "Holding -Urban Residential Exception. ((H)R3-40) Zone"; "Agricultural Exception (A-1) Zone" to "Holding -Urban Residential Exception ((H)R3-41) Zone"; "Agricultural Exception (A-1) Zone" to "Holding ((H)R3-42) Zone"; "Agricultural Exception (A-1) Zone" to "Environmental Protection (EP) Zone' ; and "Environmental Protection (EP) Zone" to "Holding -Urban Residential Type One ((H)R1) Zone". as illustrated on the attached Schedule 'A' hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. .This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24(2) and 34 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 2010 A.D. , CONCESSION STREE T EAST K Y - ~"` 4" • ~ K MciEETERS CR S ~~ W mV O ~ ~ Zoning To Remain "EP" ~, T~~ " ~~ K ~'~~:= ~ h - Zanmg Change From "EP" To "(H) R1' ~ pp,~HAN pq _ ~ ~l ~ STREET e Zoning Change From'A' To "EP" ~ ~ `V~~ ~ '~ ~ ` o f Zoning Change From "A -1" To "EP" eEµD" a STREET ~+ ~' ' ~ Zoning To Remain "A" S~RC S q STRE TG i, V- ~. ~ S ®Zoning Change from `A-1"To "(H) R1" E~„~w~"E w „-„~ ®ZoningChangeFrom"A-1"To"(H)R2-58" ` - Y=om STR ET ~ , , ' ~ Zoning Change From "A -1" To "(H) R2 - 60" :. y, `, .... F ~ y ~ ~ Zoning Chanute From "A -1" To "(H) R2 - 61" STREET ~ . . K `\ . - :; ;; Zoning Change From "A -1" To "(H) R2 - 62" .. K "~ ` ` STREET A i, ~ Zoning Change From "A -1' To "(H) R3 - 40" _ ~ ~ o - ®Zonng Change From "A -1" To "(H) R3 - 41" V w STREET D ~ rn + ~ Zoning Change From "A -1" To "(H) R3 - 42" ~K M ~ ~ ~ m Sc Y STREET D K g i, Y K ~+ ''~' _ ~~ ~ -`•-`,~"- i~ KiryC STREET EgsT ~ N i,~K~ ,_ .'~_ A' 'Y Patti L. Barrie, Municipal Clerk Jim Abernethy, Mayor ~ N ® ~.,. ~ ~ CONCESSNN STREET EAST n ®~ ~ ~ ,, o o ~ ® , ~ m z S i ~, ~ ~® II ~~ AY7 h/CNw ~ BOWM NAVILLE ® . ; i ; ~ scHEOU E 3 Attachment 7 To Report PSD-086-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to amend By-law 2000-105 being a by-law to prescribe the height and description of lawful fences in the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it necessary to amend By-law 2000-105; ' NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT By-law 2000-105 be amended as follows: (a) Section 2.0 is amended by adding thereto: 2.13 RAZOR WIRE shall mean a specific form of barbed wire or barbed tape which is composed of a mesh of metal strips with sharp edges available as either straight wire or concertina wire. (b) Section 3.0 is amended by adding thereto: 3.1.0 Notwithstanding Section 3.2 above, razor wire shall be permitted in the following circumstances: (1) On a fence located on lands actively operated by the Bowmanville Zoological Park for the keeping of exotic animals provided that: a) The razor wire is used to enclosed the external perimeter of the Park only; b) The razor wire is placed in a single .coil on the top of the perimeter fencing and on a support arm angled inwards to the property at not less than 45° to horizontal. 2. This By-law shall come into full force and effect upon the date of its passage by Council. 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 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2010- Attachment 8 To Report PSD-086-10 being a By-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2005=002 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2005-002 AND WHEREAS the Owner(s) of draft Plan of Subdivision S-C-2005-002 has received Draft Approval and intends to proceed to Final Approval and enter into a Subdivision Agreement with the Municipality; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an Amending Agreement between the Owner(s) of the. Plan of Subdivision S-C-2005-002. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of .the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. 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, Muhicipal Clerk SUMMARY OF BY-LAWS July 12, 2010 BY-LAWS 2010-085 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Ban's Development Limited) (Item 5 of Report #1) 2010-086 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Hannu Halminen) (Item 6 of Report #1) 2010-087 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (F & I Gateway Investments Inc.) (Item 7 of Report #1) 2010-088 Being a by-law to adopt Amendment No. 70 to the Clarington Official Plan {Item. 8 of Report #1) 2010-089 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Martin Road Holdings Limited) (Item 8 of Report #1) 2010-090 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington (Item 11 of Report #1) 2010-091 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 11 of Report #1) 2010-092 Being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the Municipality of Port Hope (item 12 of Report #1) 2010-093 Being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the City of Kawartha Lakes (Item 12 of Report #1) 2010-094 Being a by-law to amend By-law 2005-205 being a by-law to licence, regulate and govern taxi and limousine businesses in the Municipality of Clarington (Item 14 of Report #1) 2010-095 Being a by-law to Repeal By-law 2010-040, a by-law to submit a question to the electors at the next regular Municipal Election to approve Council resolution re Direct Election of Regional Chair (Item 15 of Report #1) Summary of By-laws - 2 - July 12, 2010 2010-096 Being a by-law to amend By-law 94-30, a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break. open ticket lotteries, lottery schemes at bazaars and raffle lotteries (Item 16 of Report #1) 2010-097 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ashland Paving Limited, Concord, Ontario, to enter into an agreement for Surface Asphalt, Various Locations (Item 19 of Report #1) 2010-098 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Coco Paving Inc., Oshawa, Ontario, to enter-into an agreement for Pavement Rehabilitation, Various Locations (Item 20 of Report #1) 2010-099 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Forest Ridge Landscaping Inc., Newmarket, Ontario, to enter into an agreement for the Squire Fletcher Parkette Development (Item 21 of Report #1) 2010-100 Being a by-law to provide for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by the Corporation of the Municipality of Clarington, and to repeal By-law No. 2006-127 (Item 23 of Report #1) 4 2010-101 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 the Durham Central Agricultural Society for the use of designated lands (Item 24 of Report #1) 2010-102 Being a by-law to amend Sign By-law 2009-123, as amended, of the Municipality of Clarington (Staff Report #2) 2010-103 Being a By-law to adopt Amendment No. 76 to the Clarington Official Plan (Unfinished Business #1) 2010-104 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Far Sight Investments Inc.) (Unfinished Business #1) 2010-105 Being a by-law to amend By-law 2000-105 being a by-law to prescribe the height and description of lawful fences in the Municipality of Clarington (Unfinished Business #1) 2010-106 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2005-002 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2005-002 (Unfinished Business #1) HANDOUTS/CIRCULATION S COUNCIL C1a1111gtOn M E M O (.eading the Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: July 9, 2010 Subject: COUNCIL AGENDA-JULY 12, 2010 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE Receive for Information I - 21 Jeff Kelso, acknowledging the efforts of Len Creamer, Manager of Municipal Law Enforcement, and the Municipal enforcement staff in carrying out their duties with empathy and consideration, despite facing adversarial situations on a daily basis; acknowledging their approach and flexibility in addressing the issue of by-law non-compliance; and, demonstrating a willingness to work with him in bringing his property into compliance, while addressing the broader issue for the residents of Clarington. I - 22 Louis Bertrand forwarding a copy of his delegation to Regional Council of June 23, 2011 with respect to uncertainty concerning the agreement with Covanta. 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 CLERK'S DEPARTMENT MEMO aer.F ~ PAGE 2 I - 23 Del Dykstra, Broker/Owner, Delton Financial Ltd., advising that as a business owner in Clarington he has a vested interest in the economic growth of the community and that the Highway 407 Extension project will have a great impact on the existing business community and its ability to access more efficient transportation paths; expressing concern that the extension of Highway 407 will now be phased, with the first phase ending at Simcoe Street in Oshawa, and expressing disappointment with its impact on Clarington's growth opportunities; and, forwarding a copy of his correspondence to the Honourable Dalton McGuinty, Premier of Ontario, suggesting the Province re- evaluate the benefits of building the Highway 407 extension from Brock Street in Pickering to Highway 35/115 in Clarington as one continuous project. Receive for Direction D - 16 Roger Anderson, Regional Chair and CEO, Regional Municipality of Durham, advising that September 27, 2010, from 12:00 noon to 2:00 p.m. in the Legislative Building, has been set to celebrate "Durham Day at Queen's Park" providing an opportunity to showcase Durham's energy and green-tech companies, food producers, local chefs and Durham College and UOIT's activities; hoping Council will encourage staff to attend the event; and, suggesting that the Board of Trade also be part of the day. (Motion to refer correspondence to staff) D - 17 Grant Algar requesting an extension to Building Permit No. 08.0509 for 4327 Fices Road until September 30, 2010, due to lack of available trades during the summer vacation period. (Motion to approve extension for the use of temporary living quarters at 4327 Fices Road until September 30, 2010 subject to the signing of a further letter of undertaking) D - 18 Brian Vince advising a Memorial Event is being planned to honour the memory of Rob Piontek at the Rob Piontek Skateboard Park on August 30, 2010, and to help promote the positive influence that skateboarding brings to youth; indicating that the event is free and the organizers will not profit from it; advising that they are trying to keep costs to a minimum with budgetted funds being allocated to insurance; and, requesting that the fees for the use of the park be waived for the event. (Motion for Direction) CLERK'S DEPARTMENT MEMO PA[:F CLERK'S DEPARTMENT MEMO PAGE 3 COMMITTEE REPORT(S) Report #1 During Monday's morning portion of the GPA Meeting, the Committee passed Item 8 a resolution (as amended) regarding Report PSD-090-10. The amending portion of the resolution deleted a sentence contained in the report. Essentially the sentence suggested that the Municipality of Clarington would enter into acost-sharing agreement with the Region. The Committee's intent was to clarify that the Municipality of Clarington would not be entering into a cost-sharing agreement. What wasn't recognized at the time the amending motion was introduced and ultimately voted on, was that it was the Region's (Agency) Comments the Committee was amending. Clearly this was an oversight and the motion should never have been made. In order to correct this, I would suggest that the item be pulled from Report #1 at Council and that the following Resolution be passed: "THAT Report PSD-090-10 be received; THAT the Regional Municipality of Durham be advised that the Municipality of Clarington is not prepared to enter into acost-sharing agreement between Clarington and Region to fund the installation of the necessary signal; THAT the application submitted by Martin Road Holdings Ltd. to amend the Clarington Official Plan (Amendment No. 70) as contained in Attachment 4 to Report PSD-090-10 be adopted and that the necessary by-law be approved; THAT the by-law to amend the Comprehensive Zoning By-law 84-63 contained in Attachment 5 to Report PSD-090-10 be passed to implement Official Plan Amendment No. 70; and THAT the interested parties listed in Report PSD-090-10 and any delegations be advised of Council's decision." STAFF REPORT(S) 3. Staff Report #3 -Report EGD-026-10 -Wind Turbine Concerns (Arran-Elderslie) is attached. 4. Staff Report #4 -Reconstruction of Green Road from Stevens Road to 635m North is attached. CLERK'S DEPARTMENT MEMO aer_F a CLERK'S DEPARTMENT MEMO PAGE 4 BY-LAWS 2010-107 Attached please find a memorandum from the Manager of Development Review regarding the Removal of Part Lot Control for Halminen Building Corporation and an updated By-law Summary with the addition of By-law 2010-107. Patti L. Barrie, CMO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads July 12, 2010 FINAL LIST OF DELEGATIONS July 12, 2010 a) Representative of Candler Court Group -Report PSD-082-10 - To Permit the Development of a 1,643 sq. m., Three Storey Building for a Professional Dental, Medical Office with Pharmacy and Associated Parking Area (Item 2 of Report #1) b) Michael Hackenberger, Director, Bowmanville Zoo -Promotion of the Canadian Association of Zoos and Aquariums' (GAZA) Safeguards to Municipalities with Circus Exclusion By-laws (Correspondence Item D - 13) c) Angie Darlison, Executive Director, Clarington Older Adult Association - Report PSD-091-10 -Request by Durham Central Agricultural Society for Amendments to all Applicable By-laws to Allow for Signage Without the Requirement to Pay any Fees (Correspondence Item D - 8) d) Richard Mostert -Addendum to Report PSD-086-10 -Proposed Amendments to Conditions of Draft Approval for Proposed Draft Plan of subdivision S-C-2005-002 (Item 1 of Unfinished Business) e) Kim Bullock -Memorial Event at the Rob Piontek Skateboard Park (Handout Correspondence Item D - 18) f) Sara Gilroy -Report COD-046-10 -Community Festival/Event Promotional Temporary Signage Permit Under the Road Occupancy By-law (Staff Report #2) g) Louis Bertrand -Concerns with Incinerator Environmental Assessment and Contract (Correspondence Items I - 18, I - 19, D - 15 and Handout Correspondence Item I - 22) h) Linda Gasser -Concerns with Incinerator Environmental Assessment and Contract (Correspondence Items I - 18,.1 - 19, and D - 15) Linda Gasser- Report EGD-026-10 -Wind Turbine Concerns (Arran- Elderslie) (Staff Report #3) j) Louis Bertrand -Jim Richards -Request for Enactment of Air Quality By-law (Correspondence Item D - 6) k) Paul-Andre Larose -Report EGD-026-10 -Wind Turbine Concerns (Arran- Elderslie) (Staff Report #3) I) Ed Crocker -Report EGD-026-10 -Wind Turbine Concerns (Arran-Elderslie) (Staff Report #3) f .Iili~'Illlvl(111 G1aC~i~011 Leading the Way n~nn~~ taff eport #3 REPORT ENGINEERING SERVICES DEPARTMENT Meeting: COUNCIL Date: July 12, 2010 Report #: EGD-026-10 Resolution#: File#: Subject: WIND TURBINE CONCERNS (ARRAN-ELDERSLIE) By-law#: NIA RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report EGD-026-10 be received for information; and 2. THAT any interested parties listed in Report EGD-026-10 be notified of Council's decision. Submitted by: ~ ~~~ ; ~~~ ~~A. S. Cannella, C.E.T. Director of Engineering Services Reviewed by: ~ ~-x `~ Franklin Wu, M.A.O.M. Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-1824 REPORT NO.: EGD-026-10 PAGE 2 1.0 PURPOSE 1.1 At its meeting on July 5, 2010, the General Purpose and Administration Committee requested that staff provide additional information with respect to comments made by Heather Rutherford (representing Clarington Wind Concerns) during her delegations to GP&A Committee on June 21 and July 5, 2010 and to Council on June 28, 2010. Copies of Ms. Rutherford's comments as noted in the Minutes of these meetings are attached to this Report (Attachments 1, 2 and 3). The Minutes of the July 5, 2010 GP&A Committee meeting and the June 28, 2010 Council meeting have not been approved. 1.2 During her delegations, Ms. Rutherford urged Council to, (a) pass a by-law similar to Arran-Elderslie By-law 14-10; (b) adopt the precautionary principle when making decisions concerning wind turbines; and (c) establish a building permit fee for industrial wind turbines that is similar to the fee that was established by the Municipality of North Middlesex. 1.3 This report provides additional information in relation to all three requests. 2.0 ARRAN-ELDERSLIE BY-LAW No. 14-10 2.1 A copy of Arran-Elderslie By-Law No. 14-10 is attached to this Report (Attachment 4). 2.2 Several Ontario municipalities have passed motions endorsing the action taken by Arran-Elderslie. Staff do not know how many, if any, of these municipalities have actually passed a by-law similar to the by-law passed by Arran-Elderslie. 2.3 In its recitals, Arran-Elderslie By-Law No. 14-10 repeatedly references section 7 of the Canadian Charter of Rights and Freedoms. Section 7 of the Charter guarantees everyone "the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." It provides individuals with protection against unjustified or arbitrary government intervention. It does not, however, convey positive rights, nor does it impose positive obligations upon the government. 'Put another way, it provides a shield, not a sword. It could, for example, provide the basis to strike down Provincial legislation if the legislation infringed upon the legal rights guaranteed by Section 7 and the infringement was not demonstrably justifiable. 2.4 Like all Ontario municipalities, Arran-Elderslie is a creature of provincial statute. Accordingly, it can only exercise powers conferred upon it by provincial statute. In one of the recitals of its by-law, Arran-Elderslie has referred to the "health, safety and well- being of persons" power in subsection 11(2) of the Municipal Act, 2001 presumably on the basis that this subsection provides the authority to pass the by-law. This section of REPORT NO.: EGD-026-10 PAGE 3 the Municipal Act, 2001 was successfully relied upon by municipalities in support of by- laws that regulated the use of pesticides. 2.5 Even though the Municipal Act, 2001 is intended to give broad powers to municipalities, there are limitations to the powers. Section 14 of the Municipal Act, 2001 provides that "a by-law is without effect to the extent of any conflict with ... a provincial or federal Act or a regulation made under such Act". It also states that "there is a conflict between a by-law of a municipality and an Act or regulation "if the by-law frustrates the purpose of the Act [or] regulation." 2.6 The Ontario Building Code applies to "a structure that supports a wind turbine generator having a rated output of more than 3kW". The Code may also require a building permit for wind turbines attached to buildings. Subsection 8(2) of the Building Code Act, 1992 obligates a chief building official to issue a building permit if a proposec wind turbine structure complies with the requirements of the Act and all other "applicable law". Section 1.4.1.3 of the Ontario Building Code sets out the statutory requirements that fall under the definition of "applicable law" for the purposes of section 8 of the Building Code Act, 1992. Arran-Elderslie's by-law effectively attempts to add to the list of what has been defined as "applicable law" under section 1.4.1.3 of the Ontario Building Code. The "certificates" referred to in the by-law are not existing requirements under any federal or provincial legislation. 2.7 In September 2009, section 1.4.1.3 of the Ontario Building Code was amended to add renewable energy approvals (REA) required under section 47.3 of the Environmental Protection Act to the definition of "applicable law". Accordingly, if a proposed wind turbine project requires a REA, the approval must be obtained before a chief building official can issue a building permit. If the REA has been given, and all other applicable law has been complied with, a chief building official must issue a building permit -there is no discretion. Arran-Elderslie's by-law attempts to give Arran-Elderslie's Chief Building Official a discretionary power to issue a building permit "in accordance with the provisions of the Ontario Building Code" in circumstances where the Building Code Act, 1992 may impose a duty to issue it. 2.8 If Arran-Elderslie's by-law is challenged, a court will have to determine whether it conflicts with existing provincial legislation. Specifically, a court will have to determine whether the by-law frustrates the purpose of the Building Code Act, 1992, the Ontario Building Code, or any other provincial legislation that is intended to. regulate what Arran-Elderslie has termed a "wind generation facility". In the opinion of both the Municipal Solicitor and the Chief Building Official, Arran-Elderslie By-Law No. 14-10 conflicts with the Building Code Act, 1992 and the Ontario Building Code. 3.0 PRECAUTIONARY PRINCIPLE 3.1 Consistent with the precautionary principle, on December 14, 2009 Council endorsed a resolution from the County of Gray requesting "that the Federal and Provincial REPORT NO.: EGD-026-10 PAGE 4 government agencies responsible for public health, energy creation and energy management complete the following: 1. Dedicate resources to the necessary scientific research to consider the impact of a) low frequency noise; and b) electrical and electromagnetic disturbances in areas of industrial wind turbines with the intent to confirm/deny public health implications; c) technology and infrastructure being used; and 2. Create and provide authoritative regulations and guidelines for the locating of wind turbines to municipalities and wind energy developers;" A copy of this resolution is attached to this Report (Attachment 5). 3.2 On January 11, 2010, Council endorsed a resolution from the Township of Mapleton requesting "that the Government of Ontario through the Ministry of Environment issue a moratorium on wind energy projects until a health study has been completed by an independent third party." A copy of this resolution is attached to this Report (Attachment 6). 3.3 Also on January 11, 2010, Council endorsed a resolution from the City of Kawartha Lakes requesting that "in advance of the issuance of any permits and the commencement or continuance of any projects that the appropriate Provincial Health Officials conduct a study of the adverse health effects now being experienced where windmill projects are fully operational to determine the possible adverse health effects; a full environmental study be done to determine the possible impact on the conservation areas and the Oak Ridges Moraine and that an independent economic impact study be done to determine all related potential costs that will be incurred by the Municipality and the effect on property values in the affected areas." A copy of this resolution is attached to this Report (Attachment 7). 3.4 Most recently, on June 28, 2010, Council passed Resolution #C-289-10: "THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the Government of Ontario impose a moratorium on the approval of any wind farm applications until such time the government has undertaken studies to examine the health safety and economic impacts of wind farms, including a cumulative effects analysis, and amend the Ontario Regulation 359/09 to reflect the findings and recommendations of such studies; AND FURTHER THAT this resolution be forwarded to the Minister of Energy and Infrastructure, the Environmental Commissioner of Ontario, the Premier of Ontario, and the members of the Association of Municipalities of Ontario, the Durham Region and surrounding MPPs and MPs, and the Federal and Provincial Ministers of Environment and Health; REPORT NO.: EGD-026-10 PAGE 5 AND FURTHER THAT the Mayor of Clarington, on behalf of the Council of the Municipality of Clarington, write to the Board of Directors of the Association of Municipalities of Ontario requesting that the impacts, both positive and negative, of wind turbines be added as a topic to be discussed during the agenda of the 2010 AMO Conference; and THAT any interested parties listed in Report PSD-078-10 be notified of Council's decision." A copy of this resolution is attached to this Report (Attachment 8). 4.0 BUILDING PERMIT FEES 4.1 The building permit fee established by the Municipality of North Middlesex under its Building By-law for "wind turbine structures" is $200 (administrative fee) plus $7 per $1,000 of construction value. 4.2 Wind turbine structures are not specifically mentioned in the fee schedule of Clarington's Building By-Law No. 2005-145. Accordingly, the building permit fee is $12 per $1,000 of construction value of the structure (Schedule B, Item 11). 4.3 In addition to building permit fees, in 2009 Council approved a $5,000 Planning Department fee to complete the consultation form required as part of the REA process. 4.4 Under the Building Code Act, 1992, the total amount of building permit fees cannot exceed the anticipated reasonable costs of the Municipality to administer and enforce the Act. 4.5 In the opinion of the Chief Building Official, the building permit fee of $12 per $1,000 of construction value for wind turbine structures is appropriate given the nature and extent of the review that will be required. 5.0 INPUT FROM OTHER SOURCES 5.1 The Municipal Solicitor has assisted in the preparation of this Report and concurs with its recommendations. Attachments: Attachment 1: Extract from Minutes of June 21, 2010 GP&A Committee meeting (Delegation of Heather Rutherford) REPORT NO.: EGD-026-10 PAGE 6 Attachment 2: Extract from the draft Minutes of June 28, 2010 Council meeting (Delegation of Heather Rutherford) Attachment 3: Extract from the draft Minutes of July 5, 2010 GP&A Committee meeting (Delegation of Heather Rutherford) Attachment 4: Arran-Elderslie By-law 14-10 Attachment 5: Resolution from the County of Gray (November 24, 2009) Attachment 6: Resolution from the Township of Mapleton (December 8, 2009) Attachment 7: Resolution from the City of Kawartha Lakes (October 27, 2009) Attachment 8: Council Resolution #C-289-10 (June 28, 2010) List of interested parties to be advised of Council's decision Louis Bertrand Wayne Aasen Heather & Mark Rutherford Report EGD-026-10 Attachment 1 to Report EGD-026-10 Excerpt from June 21.2010 General Purpose and Administration Meeting minutes: Heather Rutherford, representing Clarington Wind Concerns, was present regarding Report PSD-078-10, with respect to the Green Energy Act, in particular industrial wind turbines. She informed the Committee that she is representing hundreds of concerned residents. Ms. Rutherford informed the Committee that, in April 2010, the Ontario Power Authority granted two industrial wind farms in Clarington. She noted that the biggest concerns are symptoms reported from proximity to wind turbines, including: sleep deprivation, migraine headaches, ear pain and tinnitus, nausea, nosebleeds in children, cardiac problems, cognitive impairment, and memory loss. Ms. Rutherford quoted several doctors who have studied patients living within 3500 feet of wind turbines. She stated that she is concerned about the recent comments of the Chief Medical Officer of Ontario, Dr. Arlene King that "the scientific evidence available does not demonstrate a direct causal link between wind turbine noise and adverse health effects". She is also concerned about ice throw, flying debris, and fires. Ms. Rutherford stated that wind turbine companies are not required to report these issues, so it is difficult to gauge the number of these incidents. She is also concerned about the visual impact of the wind turbines. Ms. Rutherford stated that municipal property assessments may be negatively affected. She is concerned that the industrial wind turbines will infringe on the Canadian Charter of Rights. Ms. Rutherford reminded the Committee that the Municipality of Clarington is on record as supporting a resolution from the City of Kawartha Lakes. She urged the Committee to pass a by-law similar to Arran- Elderslie By-law 14-10 which requires a building permit for a wind turbine to be issued when it is accompanied by certificates from Health Canada and four other provincial ministries confirming that the development will "benefit or will not harm any resident" of the municipality. Ms. Rutherford stated that she and her family live in fear of their health every day regarding the possibility of wind turbines. Report EGD-026-10 Attachment 2 to Report EGD-026-10 Excerpt from June 28, 2010 Council Meeting minutes: Heather Rutherford addressed Council concerning Item 1 of Unfinished Business - Report PSD-078-10 Green Energy Act. Ms. Rutherford expressed concern with both sources referenced in the report and the tone of the report. She specifically referenced sources listed in Section 8.2 Wind Turbine Sound and Health Effects An Expert Panel Review" prepared for AWEA and CANWEA and `The Potential Health Impact of Wind Turbines" prepared by the Chief Medical Officer of Health in which both reports have been criticized as their conclusions are not supported by their content. Ms. Rutherford referenced the study by Dr. Christopher Hanning on "Wind Turbine Noise, Sleep and Health" studying the effects of industrial wind turbine noise on sleep and consequent effects on health which concluded that there is compelling evidence that wind turbine noise can and does disturb sleep and impair the health of those living too close and that the current guidance is inadequate protection and that occupants of properties sited within 1.5 km of turbines will suffer unacceptable levels of sleep disturbance and potential risk to their health. Ms. Rutherford urged Council to adopt the precautionary principle when making decisions concerning wind turbines and to join heron July 27w at the public meeting at the Orono Town Hall. Report EGD-026-10 Attachment 3 to Report EGD-026-10 Excerpt from Julv 5. 2010 General Purpose and Administration Meeting minutes: Heather Rutherford was present regarding wind turbines. Ms. Rutherford reminded the Committee of recent applications for wind turbines in other municipalities and in Clarington. She stated that the Clarington .building permit fees are not suitable for wind turbines. Ms. Rutherford stated that the Province has confirmed that the building permit fees are within the municipal jurisdiction. She suggested that a flat fee, plus a dollar amount per $1000 cost for building permit fees, similar to the Municipality of North Middlesex. Ms. Rutherford suggested that the Municipality needs to consider future costs when setting the building permit fees for wind turbines. She stated that the Canadian Charter of Rights and Freedoms protects the health and welfare of the citizens and it is the Municipality's responsibility to protect this right. Ms. Rutherford also requested that the Municipality establish a by-law requiring a certificate of health prior to the approval of building permits for wind turbine projects. REPORT EGD-026.10 THE CORPORATION OF TIIE MUNICIPALITY OF ARRAN-ELDERSLIE BY-LAW NO. 14 - 10 A By-law to Amend the Municipal Code (Health Provisions Respelling Locating and Erecting Wind Generation Facilifles) WHEREAS it is deemed advisable to amend the Municipal Code to incorporate certain health and safety provisions with respect to the locating and erecting of wind generation facilities within the Mwicipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF ARRAN-ELDERSLIE HEREBY ENACTS AS FOLLOWS: 1. That "Schedule B Protection to Persons & Property, Building Inspection: Health & Safety Provisions Respecting Locating & Erecting Wind Generation Facilities" is hereby added by the addition of Schedule A to this by-law. 2. That Schedule A attached to this by-law sha11 form part of this by-law 3. This by-law shall take effect with final passing. READ A FIRST AND SECOND TIME THIS 26TH DAY OF APRIL, 2010. "Ron L. Oswald" MAYOR "A.P. Crawford" CLERK READ A THIRD TIME AND PASSED THIS 10TH DAY OF MAY. 2010. "Ron L. Oswald" MAYOR "A.P. Crawford" CLERK SCHEDULE A TO BY-LAW N0.14-10 SCHEDULE B PROTECTION TO PERSONS & PROPERTY BUILDING INSPECTION: HEALTH & SAFETY PROVISIONS RESPECTING LOCATING & ERECTING WIND GENERATION FACILITIES BEING A BY-LAW TO ESTABLISH CERTAIN HEALTft & SAFETY PROVISIONS FOR THE LOCATING & ERECTION OF WIND GENERATION FACH,ITIES WHEREAS the fundamettal tale and duty of all three levels of government in Canada- Federal, Provincial Bc Municipal-to take all steps necessary [o protect [he health, safety and well being of their residents is hereby acknow]edged; AND WHEREAS Section 7 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS Being Part I ofthe CONSTITUTION ACT, 1982 provides that: "LEGAL RIGHTS LIFE, LIBERTYAND SECURITY OFPERSOAr. 7. Everyone has the right to life, liberty and security oJ7he person and the right no[ to be deprived thereof except in accordance with the principles offundamental justice. "; AND WHEREAS the said Section 7 of the CANADIAN CHARTER OF' RIGHTS AND FREEDOMS is a constitutional provision chat protects an individual's autonomy and personal legal rights from actions of the government ht Canada with three types of protection within the secfion, namely the right to life, liberty, and security of the person. AND WHEREAS the said Section 7 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS provision provides both substantive and procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and frcedoms, and certain substantive standards related to the rule of taw that regulate the actions of the state (e.g., the rule against uncleaz or vague laws) such as the locating and erection of wind generation facilities as vaguely provided for in the Planning Act of the Province of Ontario with no locating criteria legislated; AND WHEREAS no legal principle has been demonstrated by the Province of Ontario about which there is sufficient societal consensus that it is fundaznental to the way in which the legal system should fairly operate that there be no locating criteria based on the health, safety and well being of the residents of Ontazio, with respect to wind generation facilities, that would identify with sufficient precision to yield a manageable standard against which [o measure deprivations of life, liberty or security of the person (R. v. Malmo-Levine. 2003); AND WHEREAS The "Principles of Fundamental justice" require that means used to achieve a societal purpose or objective must be reasonably necessary and this principle is violated when the government, in pursuing a "legitimate objective", uses "means" that unnecessarily and disproportionately interfere with an individual's rights (R. v. Heywood} as is the case with removing the locating of wind turbines from local planning processes thereby interfering with normal individual rights respecting local land use planning; AND WHEREAS the said SecEion 7 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS can also be violated by the conduct of a party other than a Canadian government body (e.g. wind generation companies) with the govemmen[ needing only to be a participant or complicit in the conduct threatening the right, when the violation of the security of the person with respect to the person's health, safety and welt being would be a reasonably foreseeable consequence of the govemment, or other body's, actions; AND WHEREAS the Section 7 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS right to security of the person, consists of rights to privacy of [he body and its health and of the right protecting the "psychological integrity" of an individual, that is, the right protects against significant government-inflicted harm (stress) to the mental state of the individual (Glencoe v. B.C. (Human Rights Commission), 2000); AND WHEREAS Section 92 of the Constitution Ace, 1982 provides further that the "Exclusive Powers of Provincial Legislatures" include: "7. The Establishment, Maintenance, and Management ojHospitals, Asylums, Charities, and Eleemosynary Instinrttons in and for the Province, other than Marine Hospitals. " (responsibility for the health of its residents) "8. Municipallnstitutions in dhe Province" (including local punning limitations) "13. Property and Civil Rights in the Province. " (with a responsibility to protect same) "14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, bosh of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts" (including upholding Part 1 being the CANADIAN CHARTER OF RIGHTS AND FREEDOMS); AND WHEREAS the Government of Canada has established HEALTH CANADA, an Agency whose mandate is to protect the Canadian public by researching, assessing and collaborating in the management of the heatah risks aced safety hazards associated with dhe many consumer products that Canadians use everyday" and works with "all levels of Governmental agencies and programmes: Industry, National, reg[anaf, and international groups and the Canadian Public ", in pwsuit of reducing or eliminating said risks and hazards; AND WHEREAS the Province of Ontazio has established THE MINISTRY OF ENERGY AND INFRASTRUCTURE which is responsible for promoting the development of an affordable, safe, reliable, secwe and environmentally sustainable energy supply; AND WHEREAS the Province of Ontario has established THE MINISTRY OF THE ENVIRONMENT which is responsible for protecting, restoring and enhancing the environment fo ensure public health and environmental quality; AND WHEREAS the Province of Ontario has established THE MINISTRY OF NATURAL RESOURCES to sustainably manage the province's natural resowces to conmbute to the environmental, social and economic well-being of the people of Ontario; AND WHEREAS on February 20, 2004, Ontario Premier, Dalton McGuin[y stated [hat: "The health of Ontarians is our province's most precious resource. VYe share a responsibility to protect it from harm, and carefar i[ in times ofneed"; AND WHEREAS the Province of Ontariq through Section I1, of the Municipal Act, 2001, as amended, has mandated broad authority that lower-tier municipalities may provide "any service or thing that the municipality considers necessary or desirable for the public, as follows: Bylaws (2J A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rufes set out in subsection (4), respecting the following mareers:... 1. Governance structure of the municipality and itslocaf boara's. 2. Accountabil[ry and transparency of the municipality and its operations and of its dotal boards and their operations. 3. Financial management ofthe municipality and its local boards. 4. Public asseLS of the municipality acquired for the purpose of exercising its authority under this or any other Act. 5. Economic, social and environmental well-being of the municipality. 6. Beakh, safety and well-being ofpersans. 7. Services and things that the municipality is authorized to provide under subsection (1J. 8. Protection ofpersans arzd property, including consumer protection. thereby recognizing the lower-tier municipality's need and responsibility to provide for the health, safety and well-being of is residents, AND WHEREAS The Corporation of the Municipality of Arran-Elderslie's confidence in the safety ofthe locating criteria of WIND GENERATION FACILITIES, as legislated by the Province of Ontario, is based on the premise that, having done their due diligence with respecE to ensuring the health, safety and well-being of their citizens under The Constitution and the Charter of Rights and Freedoms, both the federal and provincial governments are prepazed to certify the said facilities for location within the Municipality; AND WHEREAS there is no intention by The Corporation of the Municipality of Arran- Elderslie toprevent or restrict the "use" of wind generation facilities as a source of renewable energy but rather to promote their `~tse" in a respdnsibte manner to benefit, or at ]east, do no harm to any individual by such "use"; AND WHEREAS it is deemed advisable to ensure the continued good health, safety and weI]- being of all persons living and/or owning lands within the Corporation of the Municipality of Aran-Elderslie in a responsible manner; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITX OF ARRAN-ELDERSLIE HEREBY ENACTS AS FOLLOWS: That, the Chief Building Official, at his/her discretion, may issue a building permit, in accordance with the provisions of the Orztario Building Code, for the construction of any wind generation faciliry, when the said application is accompanied by all of the following: a) a certificate issued by HEALTH CANADA confirming that the proposed type of wind generation facility will benefit, or will not harm, the health, safety and well-being of any resident of The Corporation of the Municipality of Aran-Elderslie; b) a certificate issued by the ONTARIO MINISTRY OF ENERGY & INFRASTRUCTURE confirming that the proposed type of wind generation facidiry will benefit, or will not harm, the health, safety and well-being of any resident of The Corporation of the Municipality of Arran-Elderslie; c) a certificate issued by the ONTARIO MINISTRY OF THE ENVIRONMENT confmning that the proposed type of wind generation facility will benefit, or will not harm, the health, safety and well-being of any resident of The Corporation of the Municipality of Arran-Elderslie; d) a certificate issued by the ONTARIO MINISTRY OF NATURAL RESOURCES confirming that the proposed type of wind generation faciliry will benefit, or will not harm, the health, safetyand well-being of any resident of The Corporation of the Municipality of Arran-Elderslie; e) a certificate issued by the ONTARIO MINISTRY OF ABORIGINAL AFFAIRS confirming that the proponents of the proposed type of wind generation facility and the Crown have carried out satisfactory, meaningful consultation with all the affected aboriginal groups that is respectful and aceommodates their rights as recognized and affirmed by Secton 35 of the Constitution Act, 1982;" f) certificates issued by either or both the Saugeen First Nations and Chippewas of Nawash, as applicable, confirming that the proponents of the proposed type of wind generation fatality have carried out satisfactory, meaningful consultation with them with respect to the proposed facility. 2. That before the certificates identified in Section 1 above are issued, the stated Ministries must provide original documentation to the satisfaction of the Council of the Municipality of Aran-Elderslie that the necessary full and complete non-partisan third party, independent health studies on humans are presented to determine safe setbacks and noise limits. 3. That [his by-law shah take efTect with final passing. Energizing Onlarlo `~ December 18, 2009 The Honourable Dalton McGuinty Premier of Ontario Legislative Building, Queen's Park Toronto, ON M7A 1A1 Dear Sir: REPORT EGD-026-10 RE: BILL 150 -GREEN ENERGY AND GREEN ECONOMY ACT FILE NO.: C10.GE At a meeting held on December 14, 2009, the Council of the Municipality of Clarington considered and endorsed the following resolution of the Corporation of the County of Grey: "WHEREAS the Council of the Corporation of the County of Grey has expressed concern over Bill 150 being the Green Energy and Green Economy Act which is now in force and effect; AND WHEREAS the need for renewable energy sources is recognized at the federal, provincial, municipal and local community levels; AND WHEREAS wind-generated power is an established source of renewable energy being created globally; AND WHEREAS discrepancy exists on the health effects potentially created by the presence of industrial wind turbines; AND WHEREAS this discrepancy on the potential health effects is proving to be destructive and divisive to the social and cultural fabric of rural communities; AND WHEREAS other Ontario municipalities have passed resolutions expressing concern with the health effects association with wind turbines; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13111 150 - 2 - December 18, 2009 NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the County of Grey requests that the Federal and Provincial government agencies responsible for public health, energy creation and energy management .complete the following: Dedicate resources to the necessary scientific research to consider the impact of a) low frequency noise, and b) electrical and electromagnetic disturbances in areas of industrial wind turbines with the intent to confirm/deny public health implications; c) technology and infrastructure being used; and 2. Create and provide authoritative regulations and guidelines for the locating of wind turbines to municipalities and wind energy developers; AND THAT this resolution be forwarded with a request for action to: The Ontario Ministries of Health, Environment and Energy, Medical .Officers of Health at Public Health Units, Environment Canada, Health Canada, Grey County MPPs and MPs, the Premier's Office, the Prime Minister's Office, the Association for Municipalities of Ontario (AMO), and the Federation of Canadian Municipalities (FCM); AND THAT this resolution be circulated to all municipalities in Ontario requesting their support." Yours truly, Pa i L. arse Municipal k PLB/jg cc: The Ontario Ministries of Health Environment and Energy Medical Officers of Health at Public Health Units Environment Canada Health Canada Grey County MPPs and MPs Prime Minister's Of fice Association for Municipalities of Ontario (AMO) Federation of Canadian Municipalities (FCM) Sharon Vokes, Corp. Of the County of Grey ~~~~~ 40~4~~ ON Ug~~ ~ ~ ~._ ~r?Mrr aF a~` Va'a'aVL va' aa1a~ I.V Vl\a a l..Llia~al/Laa~l`i4a Vl~ VD L.V Vl~l l.1L OL~1lV 1l.I Sharnn Vnkes Cnun}v Clarklnvoc4nr of .nii~~dfs~a~. .~._ _ _ lS~~l vac oonc CORPORATION OF THE COUNTY OF GREY OFFICE OF THE COUNTY C Sharon Vokes, County Clerk/Director of ou~~~ 595 9th Avenue East Owen Sound, Ontario REVIEWED BY N4K 3E3 November 26, 2009. TO ALL MUNICIPALITIES: At the November 24, 2009 session of Grey C WHEREAS the Council of the Corporation of being the Green Energy and Green Economy I AND WHEREAS the need for renewable energy and local community levels; ~oalc ~ ro: tf couxca ^ cour~u .. ^ FltE DIRECnON I!!F(IgMATiON tort ro: ^ MAYOR ^ MEMBERS ^ CAO or canrat ^ conn~uxm ^ coRraRarr o ~d ENGBIEERRIG ^ ANIRIGPAL ^ SERVICES CLERKS ^ onIER , urces is (519)376-2205 1-800-567-GREY Fax: (519)376-8998 was adopted: concern over Bill 150 provincial, municipal AND WHEREAS wind-generated power is an established source of renewable energy being created globally; AND WHEREAS discrepancy exists on the health effects potentially created by the presence of industrial wind turbines; AND WHEREAS this discrepancy on the potential health effects is proving to be destructive and divisive to the social and cultural fabric of rural communities; AND WHEREAS other Ontario municipalities have passed resolutions expressing concern with the health effects association with wind turbines; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the County of Grey requests that the Federal and Provincial government agencies responsible for public health, energy creation and energy management complete the following: 1. Dedicate resources to the necessary scientific research to consider the impact of a) low frequency noise, and b) electrical and electromagnetic disturbances in areas of industrial wind turbines with the intent to confirm/deny public health implications; c) technology and infrastructure being used; and 2. Create and provide authoritative regulations and guidelines for the locating of wind turbines to municipalities and wind energy developers; AND THAT this resolution be forwarded with a request for action to: The Ontario Ministries of Health, Environment and Energy, Medical Officers of Health at Public Health Units, Environment Canada, Health Canada, Grey County MPPs and MPs, the Premier's Office, the Prime Minister's Office, the Association for Municipalities of Ontario (AMO), and the Federation of Canadian Municipalities (FCM); AND THAT this resolution be circulated to all municipalities in Ontario requesting their support. The support from your Municipality is greatly appreciated. Yours very truly, OF COUNCIL SERVICES Sharon Vokes, C.M.O., D.P.A., County Clerk/Director of Council Services ~ '~r~r~n ntnn REPORT EGD-026-10 ~J~ar~ o~ Energizing Ontarfo~ January 12, 2010 Township of Mapleton 7275 Sideroad 16 P.O. Box 160 Drayton, ON, NOG 1 PO RE: WIND ENERGY PROJECT FILE NO.: C10.GE At a meeting held on January 11, 2010, the Council of the Municipality of Clarington endorsed the following resolution of the Township of Mapleton: "WHEREAS the Council of the Township of Mapleton has received a petition of 250+ citizens with concerns about health issues and ground water protection; NOW THEREFORE the Council of the Township of Mapleton hereby request that the Government of Ontario through the Ministry of Environment issue a moratorium on wind energy projects until a health study has been completed. by an independent third party; AND FURTHER THAT this resolution be forwarded to the County of Wellington and other municipalities within the County of Wellington for their support and endorsement, as well as the Association of Municipalities of Ontario." Yours truly, Patti L. Barrie, CMO Municipal Clerk PLB/ta CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LiC 3A6 T 905-623-3379 " ~'' December 16, 2009 TOWNSHIP OF 7275 Sideroad 16 P.O. Box 160 Drayton, Ontario NOG 1P0 STRIet 1T1nru Phone: (519) /~ Fax: (519) 6 ~~ 9Y' oglol Lrol.` ~ CDUNCIL ~ O COUNCIL O p~ DIgECTIDN 1NEDpNWTIDN TO: ALL MUNICIPALITIES IN THE PROVINCE RE: WIND ENERGY PROJECT COPY TO: O NNYDq O NEN6ER5 O CAO DFCWNCIL (? COAtlY1NNTY O CDRPDgATE O apk,Ypcl •, sEmm:ES s¢sylcES sLgv~s ti ENSUrLEgslc o Lawlciqu n o~saldu SERNCES CIERK'S U1~ s~L~lroq o TgEasugv 0 oTNEq At the December 8, 2009 Township of Mapleton meeting there was a delegation in attendance regarding wind energy projects in the area south-west of the Village of Arthur. At the meeting, the following resolution was passed, respecting the above referenced matter: WHEREAS the Council of the Township of Mapleton has received a petition of 250+ citizens with concerns about health issues and ground water protection; NOW THEREFORE the Council of the Township of Mapleton hereby request that the Government of Ontario thru the Ministry of Environment issue a moratorium on wind energy projects until a health study has been completed by an independent third party; AND FURTHER that this resolution be forwarded to the County of Wellington and other municipalities within the County of Wellington for their support and endorsement, as well as the Associations of Municipalities of Ontario. " Contact information: reception a~town.manleton.on.ca D/SCLA/MER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of fhe Association of Municipa/ities of Ontario (AMOJ, its subsidiary companies, officers, directors oragents. 1 ~l n ri -n n-1-r->n REPORT EGD-026-10 .~~ar~ ~ Ener in Ontarto~~ ~~ ;, January 12, 2010 Mayor Ric McGee City of Kawartha Lakes P.O. Box 9000 26 Francis Street Lindsay, ON, K9V 5R8 Dear Mayor McGee: RE: WIND TURBINES FILE NO.: C10.GE At a meeting held on January 11, 2010, the Council of the Municipality of Clarington endorsed the following resolution of the City of Kawartha Lakes: "WHEREAS the Province of Ontario has recently passed the GreenGreen Ener~v ActAct: and WHEREAS the Township of Manvers in the City of Kawartha Lakes has been identified for wind farm development; and WHEREAS currently a number of wind turbine development companies have publicly signaled a desired presence; and WHEREAS wind-generated power is an established source of renewable energy being created globally; and WHEREAS there are legitimate concerns and studies relating to alternative energy sources put forward from various sources that have expressed concerns regarding health, safety and economic impacts for those living close to developed sites; and WHEREAS discrepancy exists on the health effects potentially. created by the presence of industrial wind turbines; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 ~I Mayor Ric McGee - 2 - January 12, 2010 WHEREAS this discrepancy on the potential health effects is proving to be destructive and divisive to the social and cultural fabric of rural communities; and WHEREAS other Ontario municipalities, have passed resolutions expressing concern with respect to the health effects associated with wind turbines; and WHEREAS with the passage of the Green Enerov Act, the Municipality is excluded from the input and decision making process relating to the location, setbacks, etc. and this impacts on the municipality's ability to address the public concern and control good planning principles throughout the municipality; and WHEREAS the right of an individual to appeal the location and placement of alternative energy sources such as wind turbines and solar panels has been removed with the passage of the Green Enerov Act; and WHEREAS the proposed study areas of windmill projects may include or abut schools; residential areas; conservation areas and the Oak Ridges Moraine; and WHEREAS populated and publicly owned and occupied lands are being identified for industrial wind turbine development; and WHEREAS the guidelines for the Green Enerov Act do not specify whether the infrastructure costs related to the windmill projects will be covered by the province, the municipality or the wind companies; and' WHEREAS in many other jurisdictions the required setbacks. range between 1.5 km and 2 km; THEREFORE BE IT RESOLVED THAT the Council of the City of Kawartha Lakes requests in advance of the issuance of any permits and the commencement or continuance of any projects that the appropriate Provincial Health Officials conduct a study of the adverse health effects now being experienced where windmill projects are fully operational to determine the possible adverse health effects; a full environmental study be done to determine the possible impact on the conservation areas and the Oak Ridges Moraine and that an independent economic impact study be done to determine all related potential costs that will be incurred by the Municipality and the effect on property values in the affected areas; Mayor Ric McGee - 3 - January 12, 2010 THAT this resolution be forwarded with a request for action and support to: The Ontario Ministries of Health, Environment and Energy, Chief Medical Officer of Canada, Chief Medical Officer of Ontario, Medical Officers of Health at Public Health Units, Environment Canada, Environmental Commissioner, Health Canada, all MPPs and MPs, The Premier's Office, The Prime Minister's Office, the Association of Municipalities of Ontario (AMO), and the Federation of Canadian. Municipalities (FCM); and THAT this resolution be circulated to all municipalities and native territories in Ontario requesting their support." Yours truly, Patti L. Barrie, CMO Municipal Clerk PLB/ta REVIEWED RV ~'J Ric McGee, Mayor November 16, 2009 To: All Municipalities & Re: Wind Turbines REVIEwEO er ~ 'r ~ ORIGIpAL TO: T COUNCIL ^ CDUNCIL O FNP DIRECTigi INiGRMATION oowro: , ^ MAYDR ^ MEMBERS O CAO OFCIXAYLYL O CDMNUINTY O CDRPDMTE O EMfR6 SERVICES SERVICES sfRVr. 1 P.O~Box 9000.26 Francis St The Corporation of the City of Kawartha Lakes P.O. Box 9000, 26 Francis St., Lindsay, Ontario K9V SRS OS) 324-941 1 ext 1320, 1 888-822-2225 Fax: (705) 324-8110 rmcgee@city.kawa h, f~kes.on.ca i;~sC1ECIi ririiG~2~~,~2 O ENGINEERING ^ MUNICIPAL O BPERLTIOMS SERVICES CIERK'S O PLANNING O SOLICITDR O iRFASINiY SENVICES O OTHER At the October 27`" Regular Meeting of Council the following motion was adopted by Council. Moved by Councillor Marsh, seconded by Councillor Robertson, WHEREAS, the Province of Ontario has recently passed the Green Energy Act; and WHEREAS, The township of Manvers in the City of Kawartha Lakes has been identified for wind farm development; and WHEREAS, currently a number of wind turbine development companies have publicly signaled a desired presence; and WHEREAS, wind-generated power is an established source of renewable energy being created globally; and WHEREAS, there are legitimate concerns and studies relating to alternative energy sources put forward from various sources that have expressed concerns regarding health,. safety and economic impacts for those living close to developed sites; and WHEREAS, discrepancy exists on the health effects potentially created by the presence of industrial wind turbines; and WHEREAS, this discrepancy on the potential health effects is proving to be destructive and divisive to the social and cultural fabric of rural communities; and WHEREAS, other Ontario municipalities, have passed resolutions expressing concern with respect to the health effects associated with wind turbines; and WHEREAS, with the passage of the Green Energy Act, the Municipality is excluded from the input and decision making process relating to the location, setbacks, etc. and this impacts on the municipality's ability to address the public concern and control good planning principles throughout the municipality; and WHEREAS, the right of an individual to appeal the location and placement of alternative energy sources such as wind turbines and solar panels has been removed with the passage of the Green Energy Act; and WHEREAS, the proposed study areas of windmill projects may include or abut schools; residential areas; conservation areas and the Oak Ridges Moraine; and WHEREAS, populated and publicly owned and occupied lands are being identified for industrial wind. turbine development; and WHEREAS, the guidelines for the Green Energy Act do not specify whether the infrastructure costs related to the windmill projects will be covered by the province, the municipality or the wind companies; and WHEREAS, in many other jurisdictions the required setbacks range between 1.5km and 2km; THEREFORE BE IT RESOLVED THAT the Council of the City of Kawartha Lakes requests in advance of the issuance of any permits and the commencement or continuance of any projects . a _._ :_a_ I-,__. .:__:_I I I__IaL I~LC: I ..J...a.a..J.. .C 1L. .J.. L~.~IaL ..K J ... Ministry of Health and Long Term Care Page 2 that the appropriate Provincial Health Officials conduct a study of the adverse health effects now being experienced where windmill projects are fully operational to determine the possible adverse health effects; a full environmental study be done to determine the possible impact on the conservation areas and the Oak Ridges Moraine and that an independent economic impact study be done to determine all related potential costs that will be incurred by the Municipality and the effect on property values in the affected areas; THAT this resolution be forwarded with a request for action and support to: The Ontario Ministries of Health, Environment and Energy, Chief Medical Officer of Canada, Chief Medical Officer of Ontario, Medical Officers of Health at Public Health Units, Environment Canada, Environmental Commissioner, Health Canada, all MPPs and MPs, The Premier's Office, The Prime Minister's Office, The Association for Municipalities of Ontario (AMO), and The Federation of Canadian Municipalities (FCM); and THAT this resolution be circulated to all municipalities and native territories in Ontario requesting their support. Respectfully, Minister, the operative paragraph is "that the Council of the City of Kawartha Lakes requests in advance of the issuance of any permits and the commencement or continuance of any projects that the appropriate Provincial Health Officials conduct a study of the adverse health effects now being experienced where windmill projects are fully operational to determine the possible adverse health effects; a full environmental study be done to determine the possible impact on the conservation areas and the Oak Ridges Moraine and that an independent economic impact study be done to determine all related potential costs that will be incurred by the Municipality and the effect on property values in the affected areas". Your consideration of this matter is appreciated. Kindest Regards, Ric McGee Ric McGee, Mayor City of Kawartha Lakes CC: Prime Minister Stephen Harper Premier Dalton McGuinty John Gerretsen, MPP, Minister of the Environment Jim Prentice, MP, Minister of Environment Gord Miller, Environmental Commissioner Leona Aglukkaq, MP, Health Canada Dr. Arlene King, Ontario Chief Medical Officer of Health Dr. David Butler-Jones, Chief Public Health Officer Association of Municipalities of Ontario The Federation of Canadian Municipalities Dr. Lynn Noseworthy, Kawartha Pine Ridge District Health Unit House of Commons for all MP's Ontario Legislature for all MPP's All Municipalities and native Territories in Ontario D/SCLAIMER This material /s provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalifies of Ontario (AMOJ, its subsidiary companies, officers, directors or agents. Report EGD-026-10 Attachment 8 to Report EGD-026-10 Resolution #C-289-10 from June 28, 2010 Council Meetina minutes: THAT Report PSD-078-10 be received; WHEREAS the Province of Ontario has enacted the Green Energy Act which exempts proposed wind farms from the requirements of the Planning Act, and.has provided an expedited approvals process for such facilities under the Environmental Protection Act; AND WHEREAS such expedited approvals process has excluded members of the public and Ontario municipalities from providing input into the decision making process as it relates to public concerns and good planning principles; AND WHEREAS the provincial approval. process does not require the proponent of a wind farm to undertake studies to demonstrate that the proposed facility will not have any adverse effects on health or property values, or safety; AND WHEREAS studies undertaken to date on the health effects of wind turbines have been inconclusive; however, no studies have been undertaken to specifically address the safety and economic effects of wind farms in the Ontario context; AND WHEREAS there is no scientific basis for the setbacks for wind farms set out in Ontario Regulation 359/09; AND WHEREAS the Municipality of Clarington has to date been identified by two wind farm proponents for 10 megawatt and 20 megawatt installations and is concerned that the provincial approvals process will not adequately address residents' concerns with respect to the health, safety and property value effects of these facilities; AND WHEREAS other Ontario municipalities have also passed resolutions expressing concern with respect to the adverse effects of wind turbines; AND WHEREAS it is the responsibility of the Provincial government to ensure that the approvals process for proposed wind farms is sufficiently rigorous to ensure that the health, safety and economic interests of residents is not adversely affected by these facilities; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the Government of Ontario impose a moratorium on the approval of any wind farm applications until such time the government have undertaken studies to examine the health; safety and economic impacts of wind farms, including a cumulative effects analysis, and amend the Ontario Regulation 359/09 to reflect the findings and recommendations of such studies; Report EGD-026-10 Attachment 8 to Report EGD-026-10 AND FURTHER THAT this resolution be forwarded to the Minister of Energy and Infrastructure, the Environmental Commissioner of Ontario, the Premier of Ontario, and the members of the Association of Municipalities of Ontario, the Durham Region and surrounding MPPs and MPs; and the Federal and Provincial Ministers of Environment and Health; AND FURTHER THAT the Mayor of Clarington, on behalf of the Council of the Municipality of Clarington, write to the Board of Directors of the Association of Municipalities of Ontario requesting that the impacts, both positive and negative, of wind turbines be added as a topic to be discussed during the agenda of the 2010 AMO Conference; and THAT any interested parties listed in Report PSD-078-10 be notified of Council's decision. Staff Report #4 CIari~gton Leading tke Way REPORT SERVICES DEPARTMENT Meeting: COUNCIL Date: Monday, July 12, 2010 Resolution #: Report #: EGD-025-10 File #: By-law #: Subject: RECONSTRUCTION OF GREEN ROAD FROM STEVENS ROAD TO ,. 535m NORTH Recommendations: It is respectfully recommended; 1: _' >THAT Report EGD-025-10 be received.; 2: - THAT the engineering design, construction inspection services and construction v of. Green Road,. from Stevens Road to 635m northerly, be authorized and _. facilitated through the subdivision agreement with West Diamond Properties Inc., in conjunction with Brookhill West, Phase 1 subdivision works. to thesatisfaction - of the Director of Engineering Services and our Municipal Solicitor; 3: THAT Purchasing By-law 2006-127 Section 15.07 be waived for the construction ' "works associated with the reconstruction of Green Road; 4. THAT the Municipality's share ($825,000), of the Green Road construction works be funded"from the reallocation of the following accounts: i. $690,000 for the reconstruction of Rudell Road in Newcastle, previously "approved as part of the 2007 Capital Budget, identfied by Account No. . _ 11032-330-83320-7401; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EGD-025-10 PAGE 2 ii. $60,172.62 for Green Road surface asphalt previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330-83298- 7401; iii. $17,500.00 representing the unexpended amount of the surface asphalt for Beech Avenue previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330-83272-7401; iv. $16,000.00 representing the unexpended amount of the surface asphalt for Church Street (Newcastle) previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330-83290-7401; and v. $41,327.38 representing the balance required be funded from the Municipal Capital Works Reserve Fund. 5. THAT the 2010 Green Road surface asphalt capital project 110-32-330-83298- 7401 be cancelled and that the Municipality schedule the Green Road completion works including surface asphalt, sidewalk and streetscaping in year 2011 of the Municipality's 2011 Capital Budget Forecast; and 6. THAT the 2007 Rudell Road capital project 110-32-330-83320-7401 be cancelled and that the Municipality schedule the Rudell Road reconstruction project in the Municipality's Capital Budget and Forecast at such time that the Municipality has entered into a subdivision agreement with the developer of the Foster Creek North Subdivision (18T89059) and all necessary securities are in place. Respectfully by, Sub fitted by: A. S. Cannella Director of Engineering Services C~ ~' ~. Reviewed by: Franklin Wu Chief Administrative Officer ASC/ra/jb July 12, 2010 REPORT NO.: EGD-025-10 1.0 BACKGROUND PAGE 3 1.1 Green Road from Stevens Road northerly is identified as a 2011 project in the Council Approved 2010 Development Charges Background Study (DC Study). Based on progress of the design submissions for developments in the Brookhill Neighbourhood adjacent to Green Road at the time the 2010 Development Charge Update was being prepared and based on past experience in processing developments of this size, staff estimated that the Green Road reconstruction works would not be required until 2011 which is reflected in the current DC Study. Early in 2010 West Diamond Properties Inc. had met all of the standard requirements for first submission drawings to both the Region of Durham and the Municipality of Clarington. At this point it appeared that the Green Road reconstruction project would not be required until 2011. In March of 2010 however, the Region of Durham indicated the possibility that there may be insufficient sanitary sewerage treatment plant capacity to accommodate all future development projects within Bowmanville. Upon hearing that there was the potential for delays West Diamond moved quickly through the normal review process to obtain the necessary approvals required for theirdevelopment to proceed in 2010, approximately one year earlier than had been originally anticipated. In order for the Brookhill West -Stage 1 development to proceed, underground infrastructure servicing (sanitary, water and storm sewer), must be provided within the Green Road right-of-way within the limits as shown on Attachment #1. Due to the location and depth of this required underground infrastructure a majority, if not all, of the existing Green Road road structure would have to be disturbed to facilitate the installation. Typically Clarington would require the developer to restore the disturbed road in kind to meet our municipal standards if the works were required in advance of an approved budget for the road REPORT NO.: EGD-025-10 PAGE 4 reconstruction and that is what was planned for in West Diamond Properties Inc.'s first submission. Considering the Municipality's typical practice and the fact that Clarington had identfied this as a 2011 project in the 2010 Development Charge Update staff recognized that it would not be cost effective to have West Diamond Properties Inc. restore Green Road to its current configuration and then have it fully reconstructed and urbanized in less than a year. As such, Engineering staff liaised with West Diamond Properties Inc. and their consultant Sernas Associates, to explore if there was an opportunity for both West Diamond Properties Inc. and the Municipality of Clarington to reconstruct Green Road to its future urban section cooperatively and in a manner mutually beneficial. Through several discussions and meetings between the parties a cost sharing arrangement for the reconstruction and urbanization of Green Road was arrived at in which West Diamond Properties Inc. would agree to pay for the equivalent of the road restoration cost over services impacting Green Road resulting in a savings to the Municipality of roughly $275,000 and also agreed to pay for all engineering services costs for the design and construction administration required to complete the work which is estimated to save the Municipality roughly $110,000. In turn the Municipality would be required to pay the costs of the balance of the works on Green Road which are not associated with the development of the adjacent subdivision totaling roughly $825,000 in 2010 and $225,000 in 2011. The construction of Green Road will require coordination between 4 parties. This includes the Municipality, Durham Region, Hydro One, and the Developments east and west of Green Road. The services provided by each are listed below; • Hydro One will be relocating a portion of their major feeder line within the Green Road right-of--way; • The Developer will be installing the required servicing infrastructure and grading in the road allowance to facilitate the subdivisions; REPORT NO.: EGD-025-70 PAGE 5 • The Region will provide the additional servicing with respect to watermains and sanitary sewers along Green Road; • The Municipality will be installing the local storm sewers, street lighting, street trees required and construct Green Road adding to the improved road network required to support the development of West Bowmanville. In order to expedite this project so that West Diamond Properties Inc. can begin construction, obtain building permits later this year and receive occupancy permits in the spring, the Municipality has agreed to take the lead role in coordinating the details of the road re-construction project. 1.2 In the preparation of the 2007 Capital Budget the Municipality was given assurances by the developers of the Foster Creek North Subdivision (18T- 89059) that their development in the northeast quadrant of King Avenue West .and Rudell Road in Newcastle was going to proceed in 2007. As such the Municipality, in anticipation and in good faith, included funding for the reconstruction of Rudell Road from King Avenue West to future Grady Drive, in the amount of $1,000,000.00, in their 2007 Capital Budget which was subsequently approved by Council. This funding is currently identfied in the 2007 Capital Budget as Account No. 110-32-330-83320-7401. Since that time the Municipality has reviewed the timing for the servicing of this development with the developers on an ongoing basis to confirm the need to carry over the budgeted money. Each time there were assurances that the work was going to proceed and that the budget allocation would be required. Knowing of the many projects competing for the limited funds available from the Municipality, staff requested a written confirmation from the current developer, Lindvest Properties (Clarington) Limited, that they were going to proceed. They responded on February 11, 2010 with the letter provided as Attachment #2. Since this time staff have been liaising with Lindvest and their consultants to complete and execute the subdivision agreement and provide the necessary securities to proceed. Considering these issues it appears this development is REPORT NO.: EGD-025-10 PAGE 6 not moving forward to construction in 2010 and therefore the need for funding of the construction of Rudell Road remain uncertain. 2.0 REVIEW AND APPROVAL 2.1 Sernas Associates are the Engineering Consultants for owners. of the developments on the east and west side of Green Road. Since Sernas Associates have been actively involved in this area and already have a database of engineering knowledge on the site and. road grading, existing drainage proposals, servicing works, road design, and utility locations, it is desirable to have this Engineering Consultant carry out the design for the reconstruction of Green Road. This arrangement will eliminate any confusion and delays during the design and construction process. Through the series of discussions and meetings to review how the Municipality and West Diamond Properties Inc. could work together to complete this projecYin such a way to be mutually beneficial a cost sharing arrangement was agreed to which is summarized in Attachment #3. West Diamond Properties Inc. will relieve the Municipality of the design, contract administration and inspection of the project in order to streamline the process thereby ensuring their development schedule. The Municipality will benefd from the elimination of engineering fees totalling roughly $110,000 as services are currently being completed by Sernas Associates for West Diamond Properties Inc.. An additional benefit will be the savings of roughly $275,000 associated with cost sharing of the road works related to the servicing directly benefiting the development which will be paid for by West Diamond Properties Inc.. The Municipality's standard subdivision agreement provides for the construction of external works such as the Green Road construction by the developer. All terms, conditions and schedules necessary to ensure that the Municipality's interests are safeguarded from risk or liability are contained within the standard subdivision agreement. All terms, conditions and schedules are prepared to the REPORT NO.: EGD-025-10 PAGE 7 satisfaction of the Director of Finance, the Director of Engineering Services and the Municipal Solicitor. It is also suggested that the project be constructed in conjunction with the development work using the contractor retained by West Diamond Properties Inc. in order to take full advantage of pricing based on volume that West Diamond Properties Inc. has received from Con-Drain (1983) Limited for the servicing of the residential subdivision on the west side of Green Road. Engineering staff have reviewed the unit pricing provided in March of 2010 and find it to be comparable or lower than current construction pricing for similar work and considering that prices are increasing due to typical seasonal adjustments for mid summer tendering and the influx of work generated by Build Canada and Infrastructure Stimulus Funding Engineering staff feel that the best interests of . the Municipality are being met. The Engineering Department has discussed the process with the Purchasing Division who have advised Engineering that .Purchasing By-law 2006-127 Section 15.07 would have to be waved in order to take advantage of this opportunity. 3.0 CONSTRUCTION PROJECT 3.1 In order to capitalize in the reduction of cost resulting from the elimination of the duplication of effort, staff propose that Sernas Associates design and administer the construction contract, including inspection of the works during construction. 3.2 West Diamond Properties Inc. obtained unit pricing for their subdivision servicing works (estimated at $8,500,000) in March of 2010 from Con-Drain (1983) Limited which were extended for the unit costs to reconstruct Green Road in accordance with the design drawings. All parties wish to commence construction as soon as the funding is in .place. Through the subdivision agreement with West Diamond Properties Inc. for the Brookhill West -Phase 1 subdivision West Diamond Properties Inc. will provide securities, insurance and warranties for the Green Road works as necessary to satisfy the Director of Finance, Director of REPORT NO.: EGD-025-10 PAGE 8 Engineering Services and the Municipal Solicitor. Section 15.07 of the Purchasing By-Law would have to be waived in order to proceed without delay. 3.3 The Green Road reconstruction costs are not included in the Municipality's 2010 Capital Budget. In consideration of the Foster Creek North Subdivision (18T- 89059) not proceeding this year there would be $690,000 available from the 2007 Capital Budget to fund the Green Road works should it be reallocated to the Green Road project. Both of these reconstructions are growth related works and are funded by the Development Charge. The estimated overall cost for the Green Rood Reconstruction project is estimated at approximately $1,500,000.00 with Clarington's share of the work totaling and estimated $825,000.00, including utility relocation, contingencies and construction. 4.0 CONCLUSION 4.1 The commencement of the construction of the Brookhill West -Stage 1 development West of Green Road is imminent. In order to be able to issue building permits, meet occupancy deadlines for spring 2011 and to realize the cost savings associated with completing the Green Road works with the subdivision servicing works staff recommend that administration (including engineering design and construction inspection) and reconstruction of the Green Road be completed in conjunction with the servicing of Brookhill West -Stage 1 and. the works be undertaken by West Diamond Properties Inc.. In so doing, Section 15.07 of Purchasing By-law 2006-127 must be waived. 4.2 In order to facilitate the Green Road reconstruction in 2010 it is recommended that the Municipality's share of the costs for this project be funded from the following: i. reallocation of the $690,000.00 approved in the 2007 Capital Budget (Account No. 110-32-330-83320-7401) for the reconstruction of Rudell Road in Newcastle; REPORT NO.: EGD-025-10 PAGE 9 ii. $60,172.62 for Green Road surface asphalt previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330-83298- 7401; iii. $17,500.00, representing the unexpended amount of the surface asphalt for Beech Avenue previously approved as part of the 2010 Capital Budget, Account N0. 110-32-330-83272-7401; iv. $16,000.00 representing the unexpended amount of the surface asphalt for Church Street (Newcastle) previously approved as part of the 2010 Capital Budget, ident~ed by Account No. 110-32-330-83290-7401; and v. $41,327.38 representing the balance. required be funded from the Municipal Capital Works Reserve Fund. 4.3 Included in the second phase completion works will be, surface asphalt, sidewalks and streetscaping. These works are required and the Municipality of Clarington would be responsible for funding. It is therefore recommended that the Municipality plan to include. funding for these works as part of the 2011 Capital Budget. 4.4 In order to be able to respond to the future needs of the Foster Creek North subdivision it is recommended that the Municipality continue to encourage the developer of this site to finalize the subdivision agreement and that at such time all necessary securities are in place the Municipality consider including. the funding for the Rudell Road reconstruction costs in an appropriate future Capital Budget and Forecast. Concurrence: Director of Finance Attachments: Attachment 1 -Key Map Attachment 2 - Lindvest Properties (Clarington) Limited -Commencement Verification Letter Attachment 3 -Collective Benefit Cost Apportionment WEST DIAMOND PROPERTIES INC. p Q K 2 W W d' d' p J o ~ J W w y ```~~~ m O '~~ o m ~ z G¢ J STEVENS ROf~O U h!iyy NO.2 UPTOWN NVE 4 P =O FO sw F~c OR aON4iHON ORES v Y K N O O Y O O 3 O rc ~ - ~u 's is a 0 PRINCE WILLINM B LEVARO SO WMAN VILLE ~ N ~ N h ,9 o hw ay ~ ~ m W e o ~ ~ E m Steven s Rd. S C9 ®® ~ I DRAWN BY: E.L. DATE: July 7, 2010 ® ' REPORT EGD-025-10 ~ ® Q KEY MAP ATTACHMENT NO. 1 G:1PM5-Basel4ttachmen[slGrean Rtl Stevens to Harve Jones.rtutl 1' ` ` ' 5~ ATTACHMENT N0.:2 REPORT NO.: EGD-025-10 February 11, 2010 Municipality of Clarington Department of Public Works 40 Temperance Street Bowmanville,ON L1C 3A6 Attention: Mr. A.S. Cannella. C.E.T. Director of Engineering Services Re: Foster Creek North Draft Plan of Subdivision 18T-89059 Rudell Road Design and Reconstruction Phase 1 Construction from King Avenue West to Grady Drive Dear Sir: We understand that you are seeking an update to our schedule regarding the servicing of phase 1 of the Foster Creek subdivision. It is our in#ention to commence underground servicing this spring and complete all work required for building permit by the end of October 2016. This includes the construction of the Southern portion of Ruddell Road to provide access to the Phase 1 Pfan as outlined in our 1St engineering submission. Shoutd you have any questions, please do not hesitate to contact me at 416-635- 7520 ext. 509 at your convenience. Thank you. Sincerely, LINDVEST PROPERTIES (CLAR{NGTON) LIMITED P //'~~~ ~~ Michael Savas Project Manager 3625 OUFFERIN STREET SUITE 405 OOWNS'JIEW ON M3K iN4 TEL: 416.635.7520 FAX: 416,635.9921 ATTACHMENT N0.3 REPORT NO.: EGD-025-10 ~ ~ C ~ C - ~ O $~j Q $ W ~i S2 '~' O 6 i ~ g s °n ~ " w a 3 a O ~ ~ ~ ~ ~g~Y~~ ~; ;m~~"w O n K n w a ~ ~ w ~+ i ~ ~ W N i n ~~3 U o ~~__ f °z S 8 ~ ` ~~' ~ ~ A ~ s ~ ~ ~ ~ ~ ~ ~ w K' F 8, ~ ~ ~ ~ m ~ ,~ ~ e g ~ ~ ~ ~ ~ ~ ~ ~ OY 3 ~ °a 0 N K N ¢ = Z F ~ ~ ~ ti O O K O ~ ~ ~ W o ~ _ y 5 < d ~ U w c~ ° ~ F IF ~ ~ m NII ~I 53 p q » I» w Iw » 'a~ $ ~ ~ ~ ~ $ 9 ` ~ ~ r F ~ H y F f O ~ O N O r O ~ a~ N Z 6 O O ~i Q ~ KKK C7 a ~ w [7 F ° Y ~ ~ - g ~ y ~ dg $ N ~ 5 p~ tl HT L W z y~ S ~ ~ ~ ~ ~ ~ R c ~ y 6 ¢ N ~ ~ 3 ~ w ~ ~ ~ : ~ m ~ ~ ~ g ~ 4 ~ ~ ~y K y*~ ~4p~ y Y ~ Y ~ W g ~ ~ ~ g W ~ 4 g ~ 3 E a ~ ~ ~ W ~ ~ ~ ~ tl ~ ~ ~ ~ j~ y > 2~ A R P F S F' B 8 's s a gg~ 8 8~ b s Clari~gton Lena=ng me way MEMO TO: Mayor and Members of Council FROM: Carlo Pellarin, Manager of Development Review DATE: 9 July 2010 RE: APPLICATION FOR REMOVAL OF PART LOT CONTROL REPORT HALMINEN BUILDING CORPORATION FILE NO.: 40M-2278 At the February 8, 2010, Council meeting Report PSD-022-10 was considered and approved. Said report recommended approval of a Part Lot Control By-law for a number of lots within 40M-2278. Lots 16 and 24 were inadvertently left off the application form at that time, and not included in the By-law approved by Council. The attached by-law, if approved, allows for the lifting of Part Lot Control for Lots 16 and 24 of 40M-2278, similar to the by-law approved for other lots in this registered plan earlier this year. %' >,' ~- Carlo Pellarin /df cc.: Frank Wu, C.A.O. Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON SUMMARY OF BY-LAWS July 12, 2010 BY-LAWS 2010-085 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Barr's Development Limited) (Item 5 of Report #1) 2010-086 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Hannu Halminen) (Item 6 of Report #1) 2010-087 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (F & I Gateway Investments Inc.) (Item 7 of Report #1) 2010-088 Being a by-law to adopt Amendment No. 70 to the Clarington Official Plan (Item 8 of Report #1) 2010-089 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Martin Road Holdings Limited) (Item 8 of Report #1) 2010-090 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington (Item 11 of Report #1) 2010-091 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 11 of Report #1) 2010-092 Being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the Municipality of Port Hope (Item 12 of Report #1) 2010-093 Being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the City of Kawartha Lakes (Item 12 of Report #1) 2010-094 Being a by-law to amend By-law 2005-205 being a by-law to licence, regulate and govern taxi and limousine businesses in the Municipality of Clarington (Item 14 of Report #1) 2010-095 Being a by-law to Repeal By-law 2010-040, a by-law to submit a question to the electors at the next regular Municipal Election to approve Council resolution re Direct Election of Regional Chair (Item 15 of Report #1) Summary of By-laws - 2 - July 12, 2010 2010-096 Being a by-law to amend By-law 94-30, a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket lotteries, lottery schemes at bazaars and raffle lotteries (Item 16 of Report #1) 2010-097 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ashland Paving Limited, Concord, Ontario, to enter into an agreement for Surface Asphalt, Various Locations (Item 19 of Report #1) 2010-098 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Coco Paving Inc., Oshawa, Ontario, to enter into an agreement for Pavement Rehabilitation, Various Locations (Item 20 of Report #1) 2010-099 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Forest Ridge Landscaping Inc., Newmarket, Ontario, to enter into an agreement for the Squire Fletcher Parkette Development (Item 21 of Report #1) 2010-100 Being a by-law to provide for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by the Corporation of the Municipality of Clarington, and to repeal By-law No. 2006-127 (Item 23 of Report #1) 2010-101 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 the Durham Central Agricultural Society for the use of designated lands (Item 24 of Report #1) 2010-102 Being a by-law to amend Sign By-law 2009-123, as amended, of the Municipality of Clarington (Staff Report #2) 2010-103 Being a By-law to adopt Amendment No. 76 to the Clarington Official Plan (Unfinished Business #1) 2010-104 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Far Sight Investments Inc.) (Unfinished Business #1) 2010-105 Being a by-law to amend By-law 2000-105 being a by-law to prescribe the height and description of lawful fences in the Municipality of Clarington (Unfinished Business #1) 2010-106 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2005-002 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2005-002 (Unfinished Business #1) Summary of By-laws - 3 - July 12, 2010 2010-107 Being a by-law to exempt a certain portion of Registered Plan 40M- 2278 from Part Lot Control (Approved by Council on February 8, 2010) HANDOUTS/CIRCULATIONS COUNCIL Clat"11~;'~01I M E M O Leaduig the Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: July 12, 2010 Subject: COUNCIL AGENDA -JULY 12, 2010 Please be advised of the following regarding tonight's meeting: CORRESPONDENCE Receive for Direction D - 19 Confidential Correspondence from Newcastle Recycling Limited regarding a legal matter. (Copy distributed under separate cover) COMMITTEE REPORT(S) Report #1 Attached please find a Memorandum dated July 12, 2010, from the Acting Item 8 Director of Planning Services with respect to Report PSD-090-10 -Request to add Definition to Proposed Zoning By-Law: Proposed. Official Plan and Zoning By-Law Amendment to Permit a Restaurant with a Drive Through Facility and a Fuel Bar with a Convenience Store and a Car Wash Facility. Staff inadvertently omitted the definition of "Convenience Store Floor Area" from the site specific zoning by-law and are respectfully requesting that it be included in the definitions of the by-law. STAFF REPORT(S) Staff Report #1 -Report COD-046-10 -Community Festival/Event Promotional Temporary Signage Permit Under the Road Occupancy By-law Please note that Part 5 of the Recommendation requires the insertion of either 7 or 14 days in the motion. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPORTMENT MEMO onr_e ~ CLERK'S DEPARTMENT MEMO PAGE 2 2. Staff Report #2 -Report PSD-091-10 -Request by Durham Central Agricultural Society for Amendments to all Applicable By-Laws to Allow For Signage Without the Requirement to Pay Any Fees The recommendations contained within Report PSD-091-10 reference that the by-law is to be passed pending payment of the application fee. The by-law has, in fact, been written that it does not come into effect until such time as the fees have been paid. Accordingly, the by-law is to be passed this evening. The resolution that has been circulated to be introduced tonight has been revised to reflect the above. PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads Patti L. Barrie, CMO Municipal Clerk 'lO,itIL12 Pn 2:27:26 ~c~1I1~011 Leading the Way MEMO TO: Mayor and Members of Council FROM: Faye Langmaid, Acting Director of Planning Services DATE: 12 July 2010 RE: REQUEST TO ADD DEFINITION TO PROPOSED ZONING BY-LAW, PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A RESTAURANT WITH A DRIVE THROUGH FACILITY AND A FUEL BAR WITH A CONVENIENCE STORE AND A CAR WASH FACILITY FILE NOS.: ZBA 2006-0023 AND COPA 2006-0004 With respect to Report PSD-090-10, the recommendation of which has been approved by the General Purpose and Administration Committee at its meeting on July 5, 2010, Staff inadvertently omitted the following definition from the proposed site specific Zoning By-law contained in Attachment 5 to Report PSD-090-10 and respectfully request that it be included in proposed Section 21.4.12 a. Definitions of the site specific zoning by-law: "Convenience Store Floor Area: shall mean the total floor area of the convenience store, excluding storage area, office and mechanical room not accessible to the public, and washrooms." ~ay~'Langmaid, FCSLA, MCIP Acting Director. Planning Services Department /df cc: Franklin Wu, C.A.O. Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 ~` ~, U w O ^~ ~~ ~~~ L_J 0 .~ 4~ E s ~~~ i N O .~ N W L a a~ w V ~ 0 .~ ~ N w V N O _~, ~ ~ O .~ y i a ~ ~ .s 0 =e0 ~ ~ ~ bA e • / fL o,. v c - o z v ~a a as v Z c •- ~a v o y.+ ~Q i a a~ W c 0 .~ a~ E i 4 `~i V .~ Q W .~ i c~ D N V N ~ ~ ~ .y ~ N N ~ ~ L ~ ~ O ~ ~ ~ ; ~ U ~ .~ J ? 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O~ltai l0'S 6C0'1C,i i1iC FI ~Cllllf., ~~,~il~ ir~dy ar;ceSS ul U-S. n~~ail~a~is O ~il~-'rICt~S I~~ ~dVanCBCI nicill~l'nCi~!iI~,1Ca, eEC,. IC~,I bl'G' t?UwE-f l'I1~il! Fr-,'~,;1U, I;~~fo i~~~otio~i ar:ri Cc,~r~rn~~~oi<~r~,tir;r~ Trc r r;rloyiF:; iICTI ~) `ulleliol !!U I'1: I1-10!181 i!c3f~~S~~inl1 ri1~lJUli`; n Soi~i ~~si'~u;'i, lrr~~~~~ledg~=, °.kiil~ ct (1'i:,~i~niQ rite call E.F~.rliry~ ~v^IcI.~IF. g ~.`>i~~', ~;`IF.d ,-~ C il~l~ ! C6;=. ifP i. i- -.( i'~~.r ~~ Cliff^'QV' ~.. ~.~~(_ci, ~ f r'~.~; ti~n.~~ u~s~it~ n ~r i°l'IC;, 1r ~Si)~Fc(10!1(:_,l~J(,110# c(~Ic~! tf-( I~i;n!~,~y.-~y tl~( l l,-'~~1~_;rl~li l-1:'I~E'E' SF_(,lCIS, il-'.(IliCi~riO r~i I~'_'~~.`-~`'., rF_~~IC(-'rlc_E.E, IIiS111lItC~riS, cup tU~'ile~. (.,~ %~ SUI~~.?(~I JIVE- F,! iVli Ulll l iel it ~ ~c SECT (, f ~U! hri l ~ ES6Uil I 'c ciatUS Ab ~ I ~lal ~.U'.5 f_I~eltiy ~_rl iu, Illb ~:-Cilile Ui U~ll~ioln ~.IrctiEFGli; ~liir gy f=,i~~I~CB j~. ~~r-.I HI~C' Mir, ~~_I'l r.I f-,C" Of 6'hBlgy-'l.1( l~et:i lil I~~~~St-E Solar Opportunities in Durham Region • Ontario's plan to replace coal-fired power generation is creating growth opportunities for solar and other renewable and alternative energy sources • Ontario Green Energy Act guarantees a premium price of up to $0.802/kWh for solar energy • Starting in 2011, 60% of solar energy components must be manufactured in Ontario • Durham Region's population of 600,000 is growing rapidly as part of the GiA's population of 6 2 million • Seaton, an alternative energy demonstration community fur up to 70,000 people is to be developed in Durham Region • Several innovativa residential subdivisions offer LEED certified homes featuring solar and geothermal systems sa=11~!~~~H (lulu :,r~Lv ', : n ~~J '~~~~ ! ~~'~~! Solar Research ,~ ~ , o [dui harts Region is home to tV~~e University of Ontario Institute of Te(:i~~r~ology (UUITi, ~rvhei~= Sllslairel_,le Eneiyy is cne ~1f five sir;iec,ic !esearcl, ~~reas. i~ UCIi 11as a Tiel 7 Canada F rarr~ic r~ C:I~~air .n ~:fv ;~lccri ~ iii„c~ ~siF~! ~,. 11s Cl:nelit .~@arC'fi ~~.~I(,jEv tj II"~. Sr 81 ~I-.F--'C~1 ~,r~~.It,v~,it~ < < ;P`~~ ~~ • - .,,~ cell ~;~:~ i ~~ ~~t'~(-r ,_,, c r! 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(; , , s.nl~r plOiFSct '.I ~;.~ ~: 1 U; 4^J c,~ 'Pii :I~:iUF ~ I JIFF i f 'S. ~~ICC1 ~~ ~~ -~o1~ ?,U.1~~(l~ j?cr f-fir,,/ rr,r- (o!,1pc~r:ents ~~. r_ir,tnr~ n'~~+11 tacT~!eC.l I!1 tl e pl(-:~VI~iCe. L~wli,.,~. ~..'.I~:'.~'- N-i~~ ..:,I:6,- Eii~ ~cIV Tr~c~u~ri (..ern,,. i ~.~-.._ u~l,~nl, {n ~. ~! L_i .t~.uJ ~r~.~tf ~,..i•i al .~i ~~l ,, : 1F iu:n Accessible. Reliable. Flexible. loohop solar hot v.~ateX installatnxi in Plckerin9, Ontario L e~ us work with you to rn~~xrmrte the henefit5 ut Sold/ 0~)t)orlUnlty In l ~rrrham Reyron Supporting Solar ire Dunham Region o Concentration of mercy-related companies, including those involved in: research and develop~nenl, generation, manufacturing, distribution, s~r~art acid n,a~~~acen;ent, installat on, ar,d repair anu ~r~air~~n.nance or` electrical ere~gy generation anc tr~,ns•rr,issior~ systems o Home of tfie Du~h2in ,`strategic 1-ne gy Alliai ce, vr~h~ch s.~p~x~rts susiair~a ~!e vneigy ~~,olritions in Durl-lain Rec <~r? and t~eyc>nd, nrid i< LrOft~2yEC3 a5 a I nOUP~ 0{ t~11S lyr%e~ Of (~lUBnlZcl10ri iC~f ~~I11H! 10 of d ~rin8(i i~ ~ C'Cb~ =1!id fe;C',0118 l-('O'~IUOJC deVeG~.)I7iPIiY SSIS;~f X:~~ f(if iI~.L' 611eIC?)~ ~i_'ClUI, InC~UC71!lU t~?E ~UppUlt Of ~~U(~',al"f1ClIFt Irbi~il~~~ly, n CG. I^"1LIIiii`/ ( r62~ Iiati0l-~ il'ini IeCGgllle thr SP~tUr 2S a I11G~X-Of UI I1,`~i 5 ibi('CJiC 1 C~P~. 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F;._ ~ (111~~6(_.!~r~U, ~(~C. ~.` i ~~:- 111~ri ~;t lt_~~ nd C;(1nU~l~_l~i~,f lu1":~ ~F r'-I-inl, ~tiq,~_. ,:~ ~~ ~i_!pF!101 ifHli:;p~lltnllOn GOI~~ItF„Ct10l~R: • i ~ 2;ii ~gslil ( - ,(i~14 ~il'SiC.1 ~r~t~m6U~~i<, I ~;(:Ij, r~~lti~ • r_1~i i'~Ciii~'~ IFIICL.511-~~OSt~'~VUI~E;U'f(~("I "y~, HiU .r.'~-yQi • c~~_ ic, free l;orrier c~c~ . ~inu • r"V iUCc~ Veep b^v' 1Cr I?l)i"l5 o!-id ~(il;i7~ IrIjF.Yfllf)(_l~ I.-!~ fiCC(-.q•_ ~ I -'Cn, tom: 7 I~,cLli)li c'I~~CI~ jl c~.r'IIU. ~rlUUf ali,~ i,~.i)l.Jl tl X1 _..;,f af1Q a~lr,ur~uve e~.ergy o Energy rt~lated ir~ccnliver> and piograir~s-L.eerC rn~~~e o~~ 0~~1 wr_k_~~.iiF: Ecor}orrtic Development Liisa Ikavalko, TOII-f rEE. 1 ~~00]06.9~i57 cxt. 2605 Iris&.ik~~~ ~11ko a~durliam.ce www.durhambusiness.ca Galrhe,Xa~ f{egiUll DSEA Ont~;pic, Canada ,4~r ;1~t t~i~ 4 in c~ G:uq°g. UPI iicige~ 4r,1 .( ~ ~1 ~ ~,_