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01/04/2010
• Energizing Ontario GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: January 4, 2010 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) Minutes of a Regular Meeting of December 7, 2009 401 (b) Minutes of a Special Meeting of December 14, 2009 419 5. PRESENTATIONS (a) Brandon Weiler &Lisa Marie Williams, Ryerson University, Jury Lands Community Development Plan (Camp 30) 6. DELEGATIONS (Draft List at Time of Publication —To be Replaced with Final List) (a) Harold Wesley-Hammond, Chair of Volunteers, Valleys 2000 Inc., Regarding Clarington & Valleys 2000 Annual Report (b) Frank Lockhart, President, Valleys 2000 Inc., Regarding Report EGD-002-10, Regarding the New Memorandum of Understanding Between the Municipality of Clarington and Valleys 2000 (c) Kurt Franklin, Planner with First-Tech Mechanical, Regarding Report PSD-009-10, Request for Extension of Draft Approval 7. PUBLIC MEETINGS (a) Amendment to Zoning By-law 84-63 701 Applicant: Bowmanville Investments Inc. (Smart Centres) Report: PSD-001-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G P & A Agenda - 2 - January 4, 2010 8. PLANNING SERVICES DEPARTMENT (a) PSD-001-10 Rezoning Application to Remove all Holding Symbols to 801 Permit a Motor Vehicle Repair Garage Use and a Year- Round Garden Centre, and in association with a Large Format Retail Store (b) PSD-002-10 Orono Community Improvement Plan Grants Update 813 (c) PSD-003-10 Bowmanville Community Improvement Plan Grants 820 Update (d) PSD-004-10 Newcastle Village Community Improvement Plan Grants 828 Update (e) PSD-005-10 Environmental Stewardship 2009 Program Update 834 (f) PSD-006-10 Courtice Community Improvement Plan 839 (g) PSD-007-10 Monitoring of the Decisions of the Committee of 843 Adjustment for the Meetings of December 10, 2010 (h) PSD-008-10 Minor Variance to Sign By-Law 2009-123 850 (i) PSD-009-10 Request for Extension of Draft Approval 858 1613 Highway 2 and Kennedy Drive, Courtice Applicant: First-Tech Mechanical Systems Inc., Maria Wulczyn and Percy Napper 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-001-10 Monthly Report on Building Permit Activity for November, 901 2009 (b) EGD-002-10 New Memorandum of Understanding Between the 907 Municipality of Clarington and Valleys 2000 (c) EGD-003-10 Robinson Ridge Subdivision Phase 4, Courtice, 920 Plan 40M-2259, 'Certificate of Acceptance', Final Works Including Roads and Other Related Works 10. OPERATIONS DEPARTMENT No Reports G.P. &A. Agenda - 3 - January 4, 2010 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-001-10 Monthly Response Report— November 2009 1101 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-001-10 Sale of Fireworks — Perfect Party Place 1301 14. CORPORATE SERVICES DEPARTMENT (a) COD-001-10 Q2009-33, One (1) Culvert Steamer with Tandem Axle 1401 Road Trailer 15. FINANCE DEPARTMENT (a) FND-001-10 Report on Revenue Sensitive to Economic Conditions— 1501 November 2009 16. CHIEF ADMINISTRATIVE OFFICE (a) CAO-001-10 Corporate Strategic Business Plan 2007-2010 1601 2009 Progress Report (b) Confidential Verbal Report, Frank Wu, CAO, Regarding a Legal Matter, from December 14, 2009 Council Meeting 17. UNFINISHED BUSINESS 18. OTHER BUSINESS 19. COMMUNICATIONS 20. ADJOURNMENT Clarington LrnJing the Wn� General Purpose and Administration Committee Minutes December 7, 2009 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, December 7, 2009 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim left the meeting at 1:35 p.m. Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Internal Auditor, L. Barta Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Corporate Services & Human Resources, M. Marano Fire Chief, Emergency Services, G. Weir - - Municipal Clerk, P. Barrie Clerk II, J. Gallagher Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy gave notice that he would be disclosing a pecuniary interested regarding the delegation of Mr. Richard Ward. ANNOUNCEMENTS Councillor Hooper rose to speak about the Holiday Train that stopped in Clarington on Monday, November 30, 2009. He wished to thank the Municipality of Clarington's Marketing & Communications Department, the community, and the generous support of Ellen Cowan, in making the Holiday Train a success. In addition, Councillor Hooper noted that the annual tree_ lighting ceremony was held on Friday, December 4, 2009 and he thanked everyone involved in the event, on behalf of the BIA. - 1 - 401 General Purpose and Administration Committee Minutes December 7, 2009 Councillor Hooper also noted that Councillor Novak and himself attended the Clarington Older Adults Association annual dinner recently and there were a significant number of people in attendance. He also noted that on Dec. 17th at 7:00 p.m., the Clarington Concert Band will be at the Clarington Beech Centre. Councillor Hooper noted that Clarington Older Adults Association is having their annual Christmas turkey event on Tuesday, December 8, 2009. Councillor Hooper reminded everyone that the Olympic torch will be running through Clarington on December 16, 2009. Also, Councillor Hooper noted that on June 5, 2010, there will be the first Highway of Heroes Highway ride, which will start in Belleville and will be coming through Bownmanville. Councillor Woo rose to acknowledge that Councillor Novak, Councillor Hooper and himself, attended the Clarington Older Adults Association (COAA) annual dinner recently, where there was a surprise 86th birthday party for Vi Ashton, who was given a lifetime membership to the Association. Also, later that day Marg Maskell was in Toronto to unveil a "Support our Troops" banner in support of the Canadian Troops. He also noted that Sunday, December 13th, the Lions Club and COAA are hosting a holiday open house which will include Santa, reindeer, lions, refreshments and a sing along with Ross Metcalfe. Mayor Abernethy thanked Councillor Trim for performing the duties of Deputy Mayor during the past year and announced that Councillor Novak has taken over as Deputy Mayor, as per the established schedule. MINUTES Resolution #GPA-644-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on November 16, 2009 and the special meeting of the General Purpose and Administration Committee held on November 20, 2009 be approved. CARRIED - 2 - 402 General Purpose and Administration Committee Minutes December 7, 2009 PRESENTATIONS SHEILA HALL, EXECUTIVE DIRECTOR OF THE CLARINGTON BOARD OF TRADE, REGARDING PHYSICIAN RECRUITMENT Ms. Sheila Hall, Executive Director of the Clarington Board of Trade, was present to update the Committee on the "Physician Recruitment" project. She announced that Laura Wood, Membership Coordinator and Co-chair Gerry Johnston were present in support of her presentation today. She gave a verbal presentation to accompany a PowerPoint presentation. She indicated that there are 47 doctors working in Clarington and according to the Ministry of Health there should be 56 doctors. Ms. Hall noted that three doctors were recruited in both 2007 and 2008. She indicated that six doctors were recruited in 2009 (with one leaving practice). Ms. Hall went on to discuss the reasons for the success of the physician recruitment (strong partnerships with the community and existing doctors; practice style; and proximity) and the current challenges (including waiting for Ministry decision on our Rural Designation). She informed the Committee that they have met with other associates in the industry and as a result have found that there are new opportunities for recruiting doctors from Quebec and the United States. They are continuing to focus their recruiting efforts on graduates and learners from 5 medical schools in Ontario. She thanked the local doctors for continuing to take on the graduates and learners. Ms. Hall advised that she is in communications with several prospects for physicians. In terms of connecting with the medical community, Ms. Hall indicated that she has been discussing physician recruitment with residents at the Bowmanville Hospital, attending job fairs, and promoting the issue with various organizations. In conclusion, she noted that there has been a very recent prospect that has had a visit to the area and she is hoping for this person to start practice in 2010. IVAN CIUCIURA, DIRECTOR OF EMERGENCY MANAGEMENT, REGION OF DURHAM, REGARDING NUCLEAR PREPAREDNESS Mr. Ivan Ciuciura, Director of Emergency Management for the Region of Durham, was present to address the Committee regarding nuclear preparedness. He gave a verbal presentation to accompany a PowerPoint presentation. He informed the Committee of the Durham Emergency Management Office (DEMO) consisting of 5 staff, including an on-duty Call Officer 24 hours a day, 7 days a week. He indicated that the office is responsible for the Emergency Management Program and assisting in coordinating emergency operations. He noted that the Program consists of planning, training, exercises and public education, all of which include nuclear preparedness. Mr. Ciuciura informed the Committee of the Emergency Management Standards and the Regional Hazard Analysis and noted that nuclear preparedness is interwoven in each of these standards. Of the 35 regional hazards, nuclear is ranked at 33. The top hazards are weather, hazardous material spills, and mass casualty events. The direction for nuclear planning comes from the Provincial Nuclear Emergency Response Plan (PNERP) and a - 3 - 403 General Purpose and Administration Committee Minutes December 7, 2009 new plan was approved by Cabinet in February, 2009. Mr. Ciuciura indicated that draft plans for the Pickering and Darlington site have been issued and that he hopes that they will be sent to Cabinet by the end of the year. He noted that some of the major changes to PNERP is for public alerting (out to 10 km); evacuation strategy (expanded to an "all routes out" approach); evacuation study (performed by a U.S. consultant, indicating that evacuation would be 5hr 40min best case and 6hr 30min worst case); emergency information (changed to a decentralized information system); increased number of "host municipalities" (for the reception, care and shelter of evacuees); and Emergency Measures and Civil Protection Act (province can issue directives and emergency orders). Mr. Ciuciura informed the Committee of the training, exercises, and public education programs that have taken place recently. He provided the Committee with 2009 Statistics regarding the operations staff, including reportable events, public interest notifications, and regional events. Mr. Ciuciura noted that the 3km public alerting system is in place and siren testing takes place regularly. He concluded by noting the three directions for 'what to do if the siren sounds', which are: "Go, Listen (to radio), Follow (directions/instructions)". DAVE MCCAULEY FROM NATURAL RESOURCES CANADA AND BOB NEUFELD FROM THE PORT HOPE AREA INITIATIVE MANAGEMENT OFFICE REGARDING PROPERTY VALUE PROTECTION PROGRAM Mr. McCauley, Director of Uranium and Radioactive Waste Division, from Natural Resources Canada, addressed the Committee regarding an overview of the Property Value Protection (PVP) Program. He noted that the program is part of the 2001 legal agreement between the Federal government and municipalities to protect homeowners from loss of property value in the event of the sale of their property. Mr. McCauley informed the Committee that the Program is available to anyone who owns property within the PVP zone; where the loss occurred between October 6, 2000 and the end of the PVP Program; and who can demonstrate evidence of project-related effect. He indicated that compensation was offered for three types of losses, including loss on sale, loss on rental income, and mortgage renewal problems. Mr. Bob Neufeld, Manager of Stakeholder Relations and Communications for the Port Hope Area Initiative Management Office (PHAIMO), was present regarding the same matter to demonstrate a standard claim process. He informed the Committee of the following steps involved in making a claim: the claimant makes a claim, the claim is analyzed, and then the PVP staff make a decision on the application based on the information provided. Mr. Neufeld indicated that the process usually takes one month to complete, with a cheque being issued with 15 days of the decision. The claimant has up to 60 days to file an appeal to the decision. Mr. Neufeld noted that there has been approximately $400,000, with most of this going to Clarington residents (1/2 in the Port Granby area). He noted the following lessons learned: pre-sale appraisals and conditional claims (which can be made prior to listing the property for sale). - 4 - 404 General Purpose and Administration Committee Minutes December 7, 2009 In conclusion, Mr. Neufeld noted that the PVP Program was established to provide compensation for property owners and in cases where PVP staff and motivated sellers work together, the Program is successful. He further noted that appraisers and compensations officers are independent and PVP staff are committed to making the Program work effectively. JEFF BROOKS, PRINCIPAL PLANNER, REGION OF DURHAM, REGARDING DURHAM SMART COMMUTE PROGRAM AND CAR POOLING INITIATIVES Mr. Jeff Brooks, Principal Planner, from the Region of Durham, addressed the Committee regarding the Durham Smart Commute Program and car pooling initiatives. He gave a verbal presentation to accompany a PowerPoint presentation. He announced that the Durham Smart Commute Employer of the Year award had recently been presented to the Veridian Corporation. Mr. Brooks spoke about the challenges that the Transportation Demand Management (TDM) Program is facing, such as rapid growth, and increased traffic (due to increased population and jobs). He informed the Committee of the recent trends where road congestion is increasing, vehicle occupancy is declining, transit ridership is declining, and peak period traffic is getting longer. Mr. Brooks informed the Committee of the recent actions taken as part of the Program. These actions include road and transit expansion; transit programs; planning policies; and provincial lobbying. He explained that TDM is focussed on core measures (transit, car pooling, vanpool, cycling, walking, compressed work week, tele-working) and supporting measures (parking management, incentives, marketing, promotion, Emergency Ride Home Program, on-site amenities). Mr. Brooks informed the Committee that one of the solutions to the problem is Smart Commute, which is a two-tiered organization which includes a Provincial Smart Commute Program, Metrolinx, and Smart Commute Durham. He noted that Smart Commute has been established at the new Regional Headquarters Building, with sale of transit passes on site, adjusted Transit Service, carpool program (including designated spaces and the Emergency Ride Help program), and cycling (including installing racks). Mr. Brooks indicated there are several benefits to both employees and employers. He walked through the steps of how Smart Commute works, which are: contact and recruitment of employers; survey and site assessment of employees; development of a program; support during implementation; and follow up (with a survey). Mr. Brooks touched on the subject of carpooling where he outlined the online Ridematching Service; preferred parking; provision of parking signs and tags; Emergency Ride Home program; and outreach and education. He concluded by encouraging the Municipality to become a member of the Smart Commute program. - 5 - 405 General Purpose and Administration Committee Minutes December 7, 2009 DELEGATIONS Mayor Abernethy declared a pecuniary interest in the matter of the delegation of Mr. Richard Ward, regarding the compliance audit of John Mutton due to the fact that one of the individuals that brought the complaint forward, was a member of his 2006 election campaign and Mayor Abernethy competed for the position that he now holds with the individual who is at the centre of the Compliance Audit. Resolution #GPA-645-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:17 a.m. Councillor Novak chaired this portion of the meeting. Mr. Richard Ward addressed the Committee regarding the implications resulting from the compliance audit of John Mutton. He noted that a couple of weeks ago the Compliance Audit was completed regarding the 2006 election. He stated that this overrode the previous accountant's opinion that no contradictions were found. Mr. Ward noted that Council is relying on a legal opinion, which is dependent on a Compliance Audit that was found to be faulty. He requested that Council reconsider their decision on the matter of the Compliance Audit. Mr. Ward had requested a Compliance Audit for the 2003 Election which was rejected. He noted that previously he had identified the same problems in the 2000 Election. Mr. Ward indicated that this brings into question the legal opinions that Council is relying on and that his statements have been consistent with the previous audit. Mr. Ward requested that the Committee reconsider their previous "request to receive" decision. Mayor Abernethy chaired this portion of the meeting. Mr. Valentine Lovekin, Solicitor for Newcastle Recycling Ltd., addressed the Committee requesting that staff be authorized to discuss two outstanding matters with Newcastle Recycling Ltd, for the purpose of exploring settlement strategies. He noted that, since this matter has been before the Courts (although Mr. Lovekin is not the litigation solicitor), Council has been removed from the matters. Mr. Lovekin noted that litigation is very expensive and that there is also a principle of separating the Municipality from litigation matters. However, he submitted that the officers and staff are instruments of Council and staff will be taking direction from Council and therefore asked that the CAO, Mr. Frank Wu, be authorized to speak with Mr. Jim Hale of Newcastle Recycling to start discussions. - 6 - 406 General Purpose and Administration Committee Minutes December 7, 2009 Mr. Gerry Mahoney, representing the South East Clarington Ratepayers Association (SECRA) addressed the Committee regarding the PHAIMO presentation and the Property Value Protection Program. Mr. Mahoney thanked all of Council for their support of a request for a resource person. He informed the Committee that, according to SECRA, "all is not well" in the PVP and outlined some of the issues such as the fact that the program was developed for Port Hope, which is an urban city, experiences issues different than those of rural residents. Mr. Mahoney noted another issue is that the project itself scares away potential purchasers. He further noted that there have been stories of bullying tactics and secrecy issues related to the problems they are encountering. Mr. Mahoney provided some examples of the problems that residents are encountering and asked that the "dedicated resource person initiative" be moved forward by Council. He noted that he has some more information on the resource person which he plans to bring to Council at a later date. Mr. Al Storie addressed the Committee, regarding Mr. Alfie Shrubb. He noted that this past year was the seventh year for the Alfie Shrubb Classic Race. Mr. Storie stated that earlier in the year, England approached Mr. Storie to go to England to have Mr. Alfie Shrubb inducted into the England Hall of Fame. He noted some of the other famous athletes that are also in the England Hall of Fame. He went with Alfie Shrubb's granddaughter to the induction fame. Now, a town in England wants to hold a sister race to the Bowmanville race, called the Alf Shrubb Race. Mr. Storie relayed the story of how he got involved with Alf Shrubb and his family and his passion for the man, who lived in Bowmanville for 44 years. He reminded the Committee that the next race will take place on June 6, 2010 at the MJ Hobbs Public School, at 2296 Taunton Rd. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Clarington Official Plan and Zoning By-law Applicant: Ontario Power Generation Inc. Report: PSD-113-09 File: COPA 2009-0003 ZBA 2009-0014 Meaghan Harrington, Junior Planner, made a verbal and PowerPoint presentation to Council regarding the application. No one spoke in opposition to the application. No one spoke in support of the application. - 7 - 407 General Purpose and Administration Committee Minutes December 7, 2009 Nick Mensink, from Sernas Associates, rose from the audience, to indicate that he represents the applicant and is available for questions. PLANNING SERVICES DEPARTMENT OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A FINANCIAL OFFICE AND VISITORS' CENTRE APPLICANT: ONTARIO POWER GENERATION INC. Resolution #GPA-646-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Report PSD-113-09 be received; THAT Official Plan Amendment #69 as contained in Attachment 2 to Report PSD-113-09 be adopted and that the necessary By-law be passed; THAT the application for a Zoning By-law Amendment submitted by Ontario Power Generation Inc. as contained in Attachment 2 to Report PSD-113-09 be approved; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-113-09 and Council's decision; and THAT all interested parties listed in Report PSD-113-09 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 19, 2009 Resolution #GPA-647-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-114-09 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on November 19, 2009 for applications A 2009-0044, A 2009-0045 and A 2009-0046 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED - 8 - 408 General Purpose and Administration Committee Minutes December 7, 2009 APPLICATION FOR REMOVAL OF HOLDING SYMBOL 163-777 AVONDALE DRIVE, COURTICE APPLICANT: 812723 ONTARIO INC. Resolution #GPA-648-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Report PSD-115-09 be received; THAT the application submitted by 812723 Ontario Inc. to remove the "Holding (H)" symbol be approved; THAT the By-law attached to Report PSD-115-09 to remove the "Holding (H)" symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report-115-09, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED AMENDMENT TO APPLICATION FEES BY-LAW PLANNING AND DEVELOPMENT APPLICATIONS Resolution #GPA-649-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Report PSD-116-09 be received; and THAT the By-law attached to Report PSD-116-09, detailing the specific amendments to By-law 96-032, being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington, as amended, be approved. CARRIED (See following motion) Resolution #GPA-650-09 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report PSD-116-09 be referred back to staff for further clarification in order to illustrate the increase and show it in comparison to other municipalities, as well as indicating new charges. MOTION LOST - 9 - 409 General Purpose and Administration Committee Minutes December 7, 2009 REQUEST FOR PERMIT TO REMOVE 49 BEAVER STREET SOUTH, NEWCASTLE VILLAGE, FROM THE MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST Resolution #GPA-651-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-117-09 be received; THAT the Municipality authorize, in principle, the relocation of the heritage home at 49 Beaver Street South to 45 Edward Street East; THAT prior to moving the building at 49 Beaver Street South, the applicant: a) File a building permit for and construct the foundation for the relocated house after the building has been moved to 45 Edward Street East; b) Enter into a site plan agreement for the expanded mixed use development site incorporating 97 and 131 King Street East and 49 Beaver Street South containing appropriate conditions with respect to relocating the house at 49 Beaver Street South; and c) Obtain the approval of Engineering Services and any relevant agency for moving the house; THAT the cement block house located at 49 Beaver Street South, be removed from the Municipal Register of properties of cultural heritage value or interest on the day prior to the move; THAT staff be authorized to issue the building permit to allow the building to be moved to 45 Edward Street East at the time that recommendations 2 and 3 have been fulfilled; THAT the cement block house relocated to 45 Edward Street East be placed on the Municipal Register of properties of cultural and heritage interest on the day subsequent to the move; and THAT all interested parties listed in Report PSD-117-09 and any delegation be advised of Council's direction. CARRIED - 10 - 410 General Purpose and Administration Committee Minutes December 7, 2009 CANADA— ONTARIO AFFORDABLE HOUSING PROGRAM — 2009 EXTENSION — NEW RENTAL HOUSING COMPONENT PRELIMINARY PROJECT RECOMMENDATIONS Resolution #GPA-652-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Confidential Report PSD-118-09, regarding the Canada-Ontario Affordable Housing Program — 2009 Extension — New Rental Housing Component Preliminary Project Recommendations be referred to the end of the meeting to be considered in closed session. CARRIED ENGINEERING SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT SERVICE FEE AMENDMENTS Resolution #GPA-653-09 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report ESD-014-09 be received; THAT the implementation of new service fees and an increase in fees addressed in Report ESD-014-09 be approved; and THAT the by-laws attached to Report ESD-014-09 as Schedule B be approved. REFERRED BACK TO STAFF (See Following Motion) - 11 - 411 General Purpose and Administration Committee Minutes December 7, 2009 Resolution #GPA-654-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report ESD-014-09 be referred back to staff for clarification on the format of the fee increases. CARRIED Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT DARLINGTON SOCCER CLUB PROPOSAL TO OPERATE BOWMANVILLE INDOOR SOCCER FACILITY CONCESSION Resolution #GPA-655-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CSD-015-09 be received; THAT the competitive bidding requirements of the Purchasing By-law be waived; THAT the proposal from the Darlington Soccer Club be endorsed; THAT staff be authorized to negotiate an agreement with the Darlington Soccer Club for the operation of the concession space at the Bowmanville Indoor Soccer Facility for the purpose of providing snack and refreshment services; THAT the term of this agreement will include the remainder of the 2009/10 season and the entire 2010/11 indoor soccer season. Staff will provide a follow up report on the first term of operation before entering into discussions for a lease extension/renewal; THAT the By-law attached to Report CSD-015-09 marked Schedule "A" authorizing the Mayor and Clerk to Execute the lease agreement be approved; and THAT the Darlington Soccer Club be advised of Council's decision. CARRIED Councillor Hooper chaired this portion of the meeting. - 12 - 412 General Purpose and Administration Committee Minutes December 7, 2009 CLERK'S DEPARTMENT 2010 MUNICIPAL ELECTIONS Resolution #GPA-656-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-027-09 be received; THAT a by-law establishing the hours and dates of the advance votes for the 2010 Municipal Election be passed; THAT the Municipal Clerk be authorized to place advertisements in the local newspapers as determined necessary in order to increase awareness of the election process among the Municipality's electorate; and THAT Kerry Maydem and Louis Bertrand be advised of Council's decision. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT RFP2009-11 — CONSULTING SERVICES FOR GARNET B. RICKARD RECREATION COMPLEX — ENERGY RETROFIT Resolution #GPA-657-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report COD-071-09 be received; THAT the proposal received from Efficiency Engineering Incorporated, Cambridge, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2009-11 be accepted for the provision of Consulting Services for the Energy Retrofit project at Garnet B. Rickard Recreation Complex, with a submission including disbursements of $ 89,100.00 (excluding GST); and THAT the funds required be drawn from Account# 110-42-421-84258-7401. CARRIED - 13 - 413 General Purpose and Administration Committee Minutes December 7, 2009 FINANCE DEPARTMENT REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS — OCTOBER 2009 Resolution #GPA-658-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report FND-033-09 be received for information. CARRIED REQUEST OF MR. TONY WOOD FOR TORNADO FINANCE ASSISTANCE Resolution #GPA-659-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Report FND-034-09 be received; and THAT the request from Tony Woods to provide financial assistance to the Jobe/Dalgleish family be respectfully denied. CARRIED CHIEF ADMINISTRATIVE OFFICER CLARINGTON CONCERT BAND Resolution #GPA-660-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CAO-009-09 be received; THAT permission be granted to the Clarington Concert Band to use or present itself as the Official Town Band of Clarington subject to the terms and conditions attached to Report CAO-009-09; and THAT Mr. Colin Rowe of the Clarington Concert Band be advised of Council's decision. CARRIED - 14 - 414 General Purpose and Administration Committee Minutes December 7, 2009 UNFINISHED BUSINESS SHEILA HALL, EXECUTIVE DIRECTOR OF THE CLARINGTON BOARD OF TRADE, REGARDING PHYSICIAN RECRUITMENT Resolution #GPA-661-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the presentation of Ms. Sheila Hall, regarding physician recruitment, be received with thanks. CARRIED IVAN CIUCIURA, DIRECTOR OF EMERGENCY MANAGEMENT, REGION OF DURHAM, REGARDING NUCLEAR PREPAREDNESS Resolution #GPA-662-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the presentation of Mr. Ivan Ciuciura, Director of Emergency Management, Region of Durham, regarding nuclear preparedness, be received with thanks. CARRIED DAVE MCCAULEY FROM NATURAL RESOURCES CANADA AND BOB NEUFELD FROM THE PORT HOPE AREA INITIATIVE MANAGEMENT OFFICE REGARDING PROPERTY VALUE PROTECTION PROGRAM Resolution #GPA-663-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the presentation of Mr. Dave McCauley, Natural Resources Canada, and Mr. Bob Neufeld, PHAIMO, be received with thanks; and THAT Staff schedule a meeting with Mayor Abernethy, Councillor Robinson, Councillor Trim, Mr. McCauley and Mr. Neufeld, to discuss the Property Value Protection Program and the hiring of a dedicated resource person. CARRIED - 15 - 415 General Purpose and Administration Committee Minutes December 7, 2009 JEFF BROOKS, PRINCIPAL PLANNER, REGION OF DURHAM, REGARDING DURHAM SMART COMMUTE PROGRAM AND CAR POOLING INITIATIVES Resolution #GPA-664-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the presentation of Mr. Jeff Brooks, Principal Planner, Region of Durham, regarding the Durham Smart Commute Program and Car Pooling Initiatives be received with thanks; and THAT the Chief Administrative Officer meet with Mr. Brooks to discuss opportunities for the Durham Smart Commute Program and the Municipality of Clarington. CARRIED DELEGATION OF MR. VALENTINE LOVEKIN, REGARDING COUNCIL AUTHORIZATION OF STAFF TO DISCUSS TWO OUTSTANDING LEGAL MATTERS WITH NEWCASTLE RECYCLING LTD. Resolution #GPA-665-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Mr. Valentine Lovekin's delegation be received; and THAT the matter of the two outstanding legal matters with Newcastle Recycling Ltd., be referred to the Chief Administrative Officer for a verbal report at the next meeting of Council. CARRIED DELEGATION OF MR. GERRY MAHONEY, REGARDING THE PROPERTY VALUE PROTECTION PROGRAM Resolution #GPA-666-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the delegation of Mr. Gerry Mahoney, regarding the Property Value Protection Program be received with thanks; and THAT Mr. Mahoney be advised of the Committee's decision, earlier in the meeting, regarding the delegations of Mr. McCauley and Mr. Neufeld. CARRIED - 16 - 416 General Purpose and Administration Committee Minutes December 7, 2009 DELEGATION OF MR. AL STORIE, REGARDING ALFIE SHRUBB Resolution #GPA-667-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Mr. Storie be thanked for his delegation and for all his work on behalf of the Mr. Alfie Shrubb and the Alfie Shrubb Classic Race. CARRIED DELEGATION OF MR. RICHARD WARD, REGARDING IMPLICATIONS RESULTING FROM THE COMPLIANCE AUDIT OF JOHN MUTTON Mayor Abernethy declared a pecuniary interest in the matter of the delegation of Mr. Richard Ward, regarding the compliance audit of John Mutton due to the fact that one of the individuals that brought the complaint forward, against the individual at the centre of the Compliance Audit, was a member of his 2006 election campaign and Mayor Abernethy competed for the position that he now holds with the individual who is at the centre of the Compliance Audit. Councillor Novak chaired this portion of the meeting. Resolution #GPA-668-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the request of Mr. Ward, to reconsider the Compliance Audit of John Mutton, be denied. CARRIED OTHER BUSINESS CANADA— ONTARIO AFFORDABLE HOUSING PROGRAM — 2009 EXTENSION — NEW RENTAL HOUSING COMPONENT PRELIMINARY PROJECT RECOMMENDATIONS Resolution #GPA-669-09 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT the recommendations contained in Confidential Report PSD-118-09 be approved. CARRIED - 17 - 41 7 General Purpose and Administration Committee Minutes December 7, 2009 COMMUNICATIONS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA-670-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 2:05 p.m. CARRIED MAYOR MUNICIPAL CLERK - 18 - 418 Clarinvon Leading th,Wnv Special General Purpose and Administration Committee Minutes December 14, 2009 Minutes of a special meeting of the General Purpose and Administration Committee held on Monday, December 14, 2009 at 1:00 p.m. at the Newcastle & District Recreation Complex. 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 Present: Chief Administrative Officer, F. Wu Senior Planner, L. Backus Manager, Transportation & Design, L. Benson Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Manager of Community Planning & Design, C. Salazar Municipal Clerk, P. Barrie Mayor Abernethy chaired the meeting. He indicated that the special meeting is being held to provide an update on the progress of the Official Plan Review. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. PRESENTATIONS David Crome, Director of Planning Services, provided an overview of the work that has been completed to date on the Official Plan Review by staff and the consultants. Carlos Salazar, Manager of Community Planning & Design, presented information pertaining to the background of the review and the process which has been undertaken, highlighting the need for the review, community priorities, complexity of the review process, key components, our approach, process overview, time frame, and discussion papers. - 1 - 419 Special General Purpose and Administration Committee Minutes December 14, 2009 A question and answer period followed. Mr. Salazar introduced Ann Joyner, Dillon Consulting, who provided a PowerPoint presentation detailing information related to the growth management study. Ms. Joyner addressed the following areas: a vision for future growth; new ideas for building great communities; how Clarington has performed to date; what are we expecting in the future; and accommodating growth in Clarington. A question and answer period followed. Resolution #GPA-671-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Committee recess for five minutes. CARRIED The meeting reconvened at 3:05 p.m. Stasia Bogdan, Joseph Bogdan Associates Inc., through use of a PowerPoint presentation, presented information related to the Courtice Main Street Study highlighting background information, a Courtice profile, Courtice and Intensification, and next steps in the process. A question and answer period followed. ADJOURNMENT Resolution #GPA-672-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the meeting adjourn at 4:10 p.m. CARRIED MAYOR MUNICIPAL CLERK - 2 - 420 DRAFT LIST OF DELEGATIONS GPA Meeting: January 4, 2010 (a) Harold Wesley-Hammond, Chair of Volunteers, Valleys 2000 Inc., Regarding Clarington & Valleys 2000 Annual Report (b) Frank Lockhart, President, Valleys 2000 Inc., Regarding Report EGD-002-10, Regarding the New Memorandum of Understanding Between the Municipality of Clarington and Valleys 2000 (c) Kurt Franklin, Planner with First-Tech Mechanical, Regarding Report PSD-009-10, Request for Extension of Draft Approval 601 PUBLIC MEETING REPORT#PSD-001-10 BOWMANVILLE INVESTMENTS INC. CORPORATION OF THE (SMART CENTRES) MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING Leading the Way DEVELOPMENT APPLICATION BY: BOWMANVILLE INVESTMENTS INC.(SMART CENTRES) AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW(84-63) The Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990,as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Bowmanville Investments Inc.requests the following: + Remove all holding symbols from the various zones across the properly; 6 Permit a motor vehicle repair garage use within a large format retail store;and Permit a year-round garden centre which abuts a large format retail store to a maximum size of 2,150 square metres. TAKE NOTICE that the application has been deemed complete so that it can be circulated and reviewed. The subject property is located at 2320 Highway 2, Bowmanville,as shown on reverse. Planning File No.: ZBA 2009-0016 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday,January 4h,2010 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre, 40 Temperance St.,Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects -the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, January 11'x', 2010, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, January 6th 2010 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department,2"'Floor,40 Temperance Street, Bowmanville, Ontario L1 C 3A6. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, 3"' Floor,40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Paul Wirch at(905)623-3379 extension 421 or by e-mail at pwirche-clarinaton.net. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before the proposed Zoning By-law Amendment is approved: i) the person is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. Dated at the Municipality of Clarington this 7"'day of December 2009 `f¢ David ome,M.C.I.P.,R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 701 N O Property Location Map(Bowmanville) N V subject site e I nve a _ p ws Z m 1 A rzel Area Subject To Rezoning f 1> \ ZBA 2009-0016 Zoning By-law Amendment REG1p"'AL„rc ` N Owner:Bowmanville Investments Inc. A • Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 4, 2010 Report#: PSD-001-10 File #: ZBA 2009-0016 By-law#: Subject: REZONING APPLICATION TO REMOVE ALL HOLDING SYMBOLS, TO PERMIT A MOTOR VEHICLE REPAIR GARAGE USE AND A YEAR-ROUND GARDEN CENTRE IN ASSOCIATION WITH A LARGE FORMAT RETAIL STORE APPLICANT: BOWMANVILLE INVESTMENTS INC. (SMART CENTRES) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 001-10 be received; 2. THAT, subject to no significant concerns being raised at the Public Meeting, the rezoning application submitted by Bowmanville Investments Inc. to REMOVE all Holding (H) Symbols from this property, to permit a motor vehicle repair garage within a large format retail store and to permit a year-round garden centre, which abuts a large format retail store, to a maximum size of 2,150 sq.m. be APPROVED and that the attached By- law contained in Attachment 3 be PASSED; and 3. THAT the Durham Regional Planning Department, the Municipal Property Assessment Corporation (MPAC), all interested parties listed in this report and any delegations be advised of Council's decision. 801 REPORT NO.: PSD-001-10 PAGE 2 Submitted by: Reviewed by: David VCrome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer PW/COS/df 14 December 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 802 REPORT NO.: PSD-001-10 PAGE 3 1.0 APPLICATION DETAILS 1.1 Owner: Bowmanville Investments Inc. (Smart!Centres) 1.2 Proposal: To rezone the subject lands from "Holding - Large Format Commercial Exception ((H)C8-2)" to "Large Format Commercial Exception (C8-2)" and from "Holding - Street Related Commercial Exception ((H)C9-2)" to "Street Related Commercial Exception (C9-2)". To amend the "Large Format Commercial Exception (C8-2)" zone to permit a motor vehicle repair garage within a large format retail store and to permit a year-round garden centre which abuts a large format retail store, to a maximum size of 2,150 sq.m. 1.3 Area: 11.9 ha 1.4 Location: Lot 17, Concession 1 and 2, Former Township of Darlington, 2320 Highway 2, Bowmanville 2.0 BACKGROUND 2.1 The subject site consists of three separate zones. Two of the zones permit large format retail stores to establish in the centre and at the north end of the site while the. third zone permits smaller, street-related stores and businesses (i.e. retail and service uses) to locate at the south end of the site along Regional Highway 2. 2.2 A Zoning By-law amendment was passed on May 6, 2008, to remove the holding symbol from a 5.04 ha portion of the property located in the northwest corner of the site. Following the removal of this holding symbol SPA 2006-0018 was approved on October 28, 2009, to permit the construction of a large format retail establishment (Wal-Mart). A holding symbol continues to cover the balance of this property (see Attachment 1). 2.3 On November 30, 2009, Bowmanville Investments Inc. submitted an application to remove the holding symbol from all zones on the subject property and to amend the permitted uses under "Large Format Commercial Exception Zone (C8-2)" to include a motor vehicle repair garage within a large format retail store and a year-round garden centre, which abuts a large format retail store, to a maximum size of 2,150 sq.m. These changes are necessary to accommodate the operations of a Canadian Tire store. 2.4 A Planning Rationale Letter Report was submitted in support of the Owner's request. 803 REPORT NO.: PSD-001-10 PAGE 4 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1. The subject property is located on the west side of Bowmanville along the north side of Regional Highway 2. It is bordered by Green Road to the east and Boswell Drive to the west (it may be noted that, in this area, Boswell Drive represents the westerly limit of the Bowmanville urban area). The site is currently bordered by vacant lands to the north. The topography of the site is generally flat and the site is lower in elevation than the three bordering public roads (Regional Highway 2, Boswell Drive and Green Road). .. 7_4 'E z View of the subject property from Regional Highway 2 facing northwest (Oct. 2009). s., " k s ^tax View of the subject property from Boswell Drive facing southeast (Oct. 2009). 3.2 The surrounding uses are as follows: North - Vacant (designated for High-density, Low-rise Residential) South - Low-density Residential East - Agricultural, Hamlet Residential West - Large Format Commercial, Street-Related Commercial, Low-Density Residential 804 REPORT NO.: PSD-001-10 PAGE 5 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement identifies settlement areas as the focus of growth. This proposal reflects efficient development and land use in a manner that does not directly lead to environmental or public health concerns. Approval of this application will facilitate the commercial development of the subject property in accordance with the locally-established Planning documents. This application conforms with the Provincial Policy Statement. 4.2 Provincial Growth Plan This application will serve to protect and preserve employment areas by facilitating the development of these lands for commercial use within an existing settlement area and on full municipal services as directed by the Growth Plan. The intensity of the resulting commercial development will contribute towards achieving the Growth Plan's goal of not less than 50 residents/jobs per hectare. This application conforms with the policies of the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan 5.1.1 The Durham Regional Official Plan designates the subject site as "Regional Centre". The introduction of the proposed uses onto this site will not directly result in a detrimental impact upon any other Regional Centre in Clarington. Therefore, the proposed uses are not in conflict with the policies of the Durham Regional Official Plan. 5.1.2 Policies contained within the Durham Regional Official Plan state that local Municipal Councils must ensure that the following conditions are met prior to the passage of a By-law to remove a holding symbol: • The development is consistent with the orderly and phased development of the Municipality; • The Owner has satisfied all of the requirements of the Municipality and has entered into any necessary agreements in that regard; and • The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provisions of sewer and water services, Regional roads, and entered into any necessary agreements in this regard. All of the above conditions have been met by the Applicant to facilitate the removal of the holding symbol. 805 REPORT NO.: PSD-001-10 PAGE 6 5.2 Clarington Official Plan 5.2.1 The Clarington Official Plan designates this site as "Street Related Commercial" and "General Commercial" within the Bowmanville West Town Centre Secondary Plan (BWTCSP). The BWTC is identified as an important commercial node for Bowmanville locally and Clarington regionally. The BWTCSP includes policies which address matters of urban design, the amount of retail space and the types of uses. 5.2.2 The urban design policies contained in the BWTCSP assist in the implementation of the plan. These policies are intended to create a connective street network, provide a safe and enriched pedestrian environment, promote future intensification and result in a "Sense of Place." 5.2.3 Part of the way that these urban design goals are achieved is through high quality, architectural building designs as well as site planning which creates visually interesting areas at a pedestrian scale. Another design key is to physically relate buildings, parking areas and landscaping to the adjacent roadways thereby creating an urban street edge. Opportunities for infill and future redevelopment at higher densities are to be incorporated into block patterns. 5.2.4 The underlying zoning for the subject property already incorporates the necessary retail floor space limits identified by the BWTCSP. The removal of holding will permit the subject site to be developed to a capacity already identified by the Official Plan. 5.2.5 The proposed new uses (motor vehicle repair garage within a large format retail store and year-round garden centre which abuts a large format retail store) are accessory to the operations of a Canadian Tire department store. These uses already exist within the Town Centre area and may be viewed as a relocation of uses within the Town Centre area. As such, the proposed accessory uses to a large format retail store are in keeping with the policies of the Official Plan and the goals of the BWTCSP. 5.3 The Clarington Official Plan contains policies to ensure that all relevant development matters are addressed prior to the removal of a holding symbol from a property. Since all relevant development matters, identified by the Municipality, have been addressed by the Applicant it is now appropriate to remove the holding symbol from the property. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Large Format Commercial Exception (C8-1)", "Large Format Commercial Exception (C8-2)", "Holding - Large Format Commercial Exception ((H)C8-2)", "Street Related Commercial Exception (C9-2)" and "Holding - Street Related Commercial Exception ((H)C9-2)". 6.2 The Owner is proposing to expand the list of permitted uses within the "Large Format Commercial Exception (C8-2)" zone. A few of the uses currently permitted within this zone include a motor vehicle fuel bar and a motor vehicle wash in addition to a large format retail store. 806 REPORT NO.: PSD-001-10 PAGE 7 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property. 7.2 As of the writing of this report, no concerns had been received. 7.3 Staff have previously received concerns from one area resident regarding the impacts to the area's existing stormwater drainage that would result from development within this northwest corner of the subject site. Review of the recently approved Wal-Mart Site Plan application included a thorough examination of stormwater management on this site and of the immediately surrounding area. No impacts to existing stormwater drainage were discovered through this examination. As a component of any future Site Plan application for further development of this site, Staff will continue to ensure that are no off-site impacts to stormwater drainage. 8.0 AGENCY COMMENTS 8.1 This application was circulated to the Durham Regional Planning Department, the Durham Regional Works Department, Clarington Engineering Services Department and Central Lake Ontario Conservation. While none of the circulated departments or agencies have any objection, in principle, to the application, they each reserve the right to further comment on this proposal through the Site Plan approval process. 9.0 STAFF COMMENTS 9.1 The current zoning regulations not only dictate the size and form of development within the site but also the type of uses that are permitted to operate. The existing zoning regulations were created in 2006 when it was anticipated that the two main anchor tenants for this site would be Wal-Mart (in the northwest corner) and Loblaws Superstore (in the northeast corner of the site). The "C8-1" and "C8-2" zoning categories respectively were drafted to specifically cater to these intended tenants. 9.2 While Wal-Mart has proceeded with their plans to occupy the northwest corner of the property, Loblaws Superstore will not be building a store in the northeast corner of the property. Consequently, the property owner / developer (Bowmanville Investments Inc.) has had to attract a different "large format retailer" to occupy the northeast corner of the site. 9.3 In their ongoing discussions with a prospective tenant, the property owner has determined that the existing zoning currently excludes uses which are accessory to the operation of their proposed tenant's large format commercial retail establishment. 9.4 The Applicant has requested that the site-specific zone exception be revised to reflect the uses associated with an alternative large format retail development proposal. The addition of the proposed uses will not impact upon the maximum permitted height or 807 REPORT NO.: PSD-001-10 PAGE 8 size of the future development on this site. At this time, no changes have been requested which will significantly alter the building form and urban design of the site as provided for in the Zoning By-law. The standard requirements of the Zoning By-law relating to the provision of parking and loading areas on-site will continue to apply to the proposed uses. 9.5 The Finance Department has confirmed that the taxes on the site are current. 10.0 CONCLUSIONS 10.1 The removal of the holding symbols will release the subject lands for imminent development. The addition of the new uses to the existing zoning category will broaden the potential uses on the site without impacting the intended building form or primary function of the northeast corner of the property. 10.2 The applications have been reviewed in consideration of the Clarington Official Plan, and Zoning By-law and comments received from circulated agencies. In consideration of the comments contained in this report, Staff respectfully recommends that the rezoning applications for the removal of holding and the introduction of new uses be APPROVED and that Council pass the By-law contained in Attachment 3. Staff Contact: Paul Wirch, Planner Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Store Elevations Attachment 3 - By-law List of interested parties to be advised of Council's decision: Canadian Tire Real Estate Limited John Bouma Durham Regional Planning Department Municipal Property Assessment Corporation (MPAC) 808 Property Location Map(Bowmanville) N o ' v w n Subject .. 'Q'O'Orov�,o,�a/�a� o Site Site UPI AVE. 1, F m pto � cf .dOSeO�^ A m HIG AV 2 0, 6 erg/a/ r O � RUB P INCE ILLI BOUL RO m � / o oa`� ®Area Subject To Rezoning R ZBA 2009-0016 Zoning By-law Amendment ?� I 0 x CD o REG/0 � � NA�FIIGH�yA Owner: Bowmanville Investments Inc. D CN 3 03 oCD r« C) MLLdU 111 It::[IL Z To Report PSD-001-10 It A, A H Mim ail! it is Iii IM viii Me lilt I It, q Hh ,, iN Lie ii i :j cc Is RIP E13 IN!1,11' 1 40 is jet ai 0) 810 Httacnment S To Report PSD-001-10 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 2009-0016; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding — Large Format Commercial Exception ((H)C8-2)" to "Large Format Commercial Exception(C8-2)" "Holding — Street Related Commercial Exception ((H)C9-2)" to "Street Related Commercial Exception(C9-2)". 2. Section 22A.4.2 "LARGE FORMAT COMMERCIAL EXCEPTION (C8-2) ZONE" is hereby amended as follows: a) By deleting Section 22A.4.2 a and replacing it with the following: "22A.4.2 a. Notwithstanding Section 22A.2 (b) in addition to the uses permitted in a C8 zone, a building or structure may be constructed and used for the purpose of one motor vehicle fuel bar, one motor vehicle wash and one motor vehicle repair garage within a large format retail store on lands zoned C8-2." b) By deleting Section 22A.4.2 b and replacing it with the following: "22A.4.2 b. Notwithstanding Section 22A.2(b), a garden centre which abuts a large format retail store is permitted to a maximum size of 2,150 sq.m." 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 Section 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 811 This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. 0 0 W w o N RAG/oNA�y�GHGy O m ^ ® Zoning Change From"(H)C9.2"To"C9.2" ® Zoning Change From"(H)C8-2"To"C8-2" ® Zoning To Remain"C8-1" Zoning To Remain"C8-2" Jim Abernethy,Mayor Zoning To Remain"C9-2" Patti L.Barrie,Municipal Clerk i I srevErvs IIP N.WE m �Q'11l m sH1� PYI O { O Y BOWMANVILLE �$ A ZBA 2009-0078 RUS Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday January 4, 2010 Report#: PSD-002-10 File #: PLN 37 1.1 By-law #: Subject: ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-002-10 be received for information; and 2. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: tS� Davi J. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer FL*DJC*sn December 4, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 813 REPORT NO.: PSD-002-10 PAGE 2 1.0 BACKGROUND 1.1 In September, 2003 Council approved the preparation of a Community Improvement Plan (CIP) for Orono. The terms of reference for the study called for a community focus group, which was formed in October of 2003 and guided the . study to its completion in January of 2005. 1.2 Council adopted the Community Improvement Plan and project area by By-law 2005-009, the Ministry of Municipal Affairs and Housing approved the CIP on July 14, 2005. In 2008 the grant program and boundary of the CIP were amended to provide more funding opportunities and add two properties to the CIP. 1.3 The Community Improvement Plan allows the Municipality to provide incentives (grants) to business owners and property owners in the Orono Community Improvement Project Area (Attachment 1). The merchants and business owners of the area are notified via the website and word of mouth of the incentives available. Should they apply for a building permit or works that may qualify for a grant they are informed of such by the Building Division and Planning Services staff. Representatives of the Community Liaison Group, the advisory committee for implementation, speak to the merchants on a regular basis to ensure that merchants are aware of the services they can tap into. 1.4 The CIP implementation has been assisted by the Liaison Group, which meets quarterly to review the progress being made on the CIP and bring forward issues that the Municipality can assist with. The CIP Liaison Group chair is John Slater, members are Scott Story, Lorna Atkins, Karina Isert, Councillor Robinson, Frank Maitland representing the Orono BIA and Amid Rawdah a merchant from Main Street. 1.5 The purpose of this report is to update Council on the grants that have been approved, paid out and pending the completion of works for prior years. This provides Council with an overall understanding of how the grants are assisting business owners. 2.0 CIP INITIATIVES 2.1 General Comments There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. We have encouraged applicants to take advantage of the free design service offered by the Planning Services Department for fagade improvements and development of visualizations. In all cases we have worked with applicants and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor paid. Property owners must be current with their tax payments. For properties that have multiple municipal street addresses or storefronts, each property owner is subject to an overall maximum of$45,000. 814 REPORT NO.: PSD-002-10 PAGE 3 2.2 Buildinq Facade Improvement Grant Program This grant program is intended to assist property owners with the financing of building fagade improvements. The grant covers up to one half of the costs of the eligible work per business to a maximum of $5,000. WUWH 1 ORONO ELECTRIC — refurbished their front facade (painting, stucco work), window replacement and their signage. 2.3 Signage Improvement Grant Program This grant program is intended to assist property owners with the financing of signage improvements. The grant covers up to one half of the costs of the eligible work per building to a maximum of$2,000. 815 REPORT NO.: PSD-002-10 PAGE 4 2.4 Infill Proiect Grant Program The intention of the Infill Project Grant Program is to assist property owners within the Community Improvement Plan area with financing the cost of the development process. The program allows the Municipality of Clarington to provide a one time grant to offset the cost of the construction to a maximum of $10,000 per property under certain conditions. 2.5 Upgrade to Building Code Grant Program The intention of the Upgrade to Building Code Grant Program is to assist property owners within the Community Improvement Plan area with the financing of building improvements required to bring existing older buildings into compliance with the current Ontario Building Code. The program allows the Municipality of Clarington to provide a grant for up to 50% of the costs for eligible work per building to a maximum of$5,000 per municipal street address or storefront. 2.6 Grants Applications and Status Grant Type Year Business Name Location $ value Stage Si na a 2005 Hair with Flair 5310 Main $299.00 Paid out Si na a 2005 Orono Bakery 5340 Main $1,924.03 Paid out Fa ade 2005 Orono Bakery 5340 Main $4,790.50 Paid out Si na a 2005 Sunn 's 5298 Main $2000 max Discussion Fa ade 2005 Sunny' 5294 Main $5000 max Discussion Signage 2005 Main thru Church 5341 Main $717.57 Paid out Anti u Fa ade 2006 Blueberrys 5341 Main $128.71 Paid out Si na a 2006 Galloway Cafe 5323 Main $245.15 Paid out Fa ade 2006 Galloway Cafe 5323 Main $1,153.95 Paid out Si na a 2006 Not just Chocolate 5314 Main $1,750.00 Paid out Facade 2006 Not just Chocolate 5314 Main $5,000.00 Paid out max Si na a 2006 discount store 5337 Main $121.12 Paid out Fa ade 2006 well wise centre 5331 Main $804.32 Paid out Si na a 2006 well wise centre 5331 Main $1,051.65 Paid out Facade 2006 Orono Country Cafe 5348 Main $5000 Discussion max Si na a 2006 Orono Country Cafe 5348 Main $2000 max Discussion Si na a 2006 book store 5242 Main $2000 max Discussion Si na a 2007 Terran's 5324 Main $1,453.10 Paid out Fa ade 2007 Terran's 5324 Main $1,075.89 Paid out Fa ade 2007 Patriot Antiques 5324 Main $1,500.00 Approved Si na a 2007 Patriot Antiques 5324 Main $739.00 Paid out Si na a 2008 L cett, Mack & Kisbee 5301 Main Discussion Fa ade 2008 L cett, Mack & Kisbee 5301 Main Discussion Fa ade 12008 1 5265 Main St. 5265 Main $5,000 Paid out Fa ade 120081 Orono Electric 5352 Main $1,862 Paid out 816 REPORT NO.: PSD-002-10 PAGE 5 Grant Type Year Business Name. Location $ value Stage Si na a 2008 Orono Electric 5352 Main $984 Paid out Fa ade 2009 Apple Blossom Shop 5345 Main $5000 max Discussion Si na a 2009 Apple Blossom Shop 5345 Main $1,989.25 Paid out Si na a 2009 Di's Pizzeria 5304 Main $1,786 Paid out Signage 2009 The Real Canadian 5283 Main $1,000 Approved Emporium Facade 2009 The Real Canadian 5283 Main Discussion Emporium Building 2009 The Real Canadian 5283 Main Discussion code Emporium Approved- means letter issued for the funding Discussion- means not approval issued but we have been in discussion with owner 2.7 Centreview Sidewalk As part of the Engineering Services Department capital projects for upgrading of sidewalks, the reconstruction of ,4! Centreview Sidewalk was undertaken in 2009. Funds from the CIP reserve paid for the cost and installation of 3 decorative banner poles; the poles match those on � In Main Street. At one time the Post Office had indicated that they would be installing new railings along their accessible ramp to match those on Main Street, however the economic crisis caused them to scale back their works. 2.8 CIP Fundinq Council has provided funding since 2005 to the CIP for the grants and other operational programs (like brochure printing, etc.). To date, the CIP has expended over $38,000 and has pending grants that could total $2,500. Currently there is over $21,000 left to fund grants in Orono that are under discussion. While all of the CIP grants were frozen as of August 30, 2009, at this point in time no grants in Orono have been denied or deferred to future years. 817 REPORT NO.: PSD-002-10 PAGE 6 3.0 CONCLUSION 3.1 There has been good response to the grant program. The owners whom we have met with and provided visualizations to are pleased with the program and incentives provided by the Municipality. The other initiatives that the CIP has been working on, such as brochures, signage, and assisting with continuous promotion of Orono are viewed as beneficial by the Liaison Group. 3.2 It is recommended that Council provide funding for the continuation of the CIP Grant Program in 2010. Staff Contact: Faye Langmaid Attachments: Attachment 1 — Map Interested parties to be notified of Council and Committee's decision: Orono CIP Focus Group, c/o Faye Langmaid 818 ATTACHMENT 1 TO REPORT PSD-002-10 Schedule "A" F- cv w co z Jam/ � r -� .... CENTREVI O w PARK STREET (_ U FT♦ _ �:1 CO U ST C� �U = v U — � PRINCESS STRE Orono CIP Grant Area 819 • Leading the way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 4, 2010 Report#: PSD-003-10 File #: PLN 37.2.1 By-law #: Subject: BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-003-10 be received for information; and 2. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed b . Davi J. Crome, MCIP,RPP Franklin Wu Director, Planning Services Chief Administrative Officer FL/sn/ah December 8, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-830 820 REPORT NO.: PSD-003-10 PAGE 2 1.0 BACKGROUND 1.1 On December 15th, 2003 Council approved the preparation of a Community Improvement Plan (CIP) for Bowmanville and a study area By-law 2003-186 as amended. The terms of reference for the study called for a community focus group, which was formed in February of 2004 and guided the study to its completion in June of 2005. 1.2 Council adopted the Community Improvement Plan by By-law 2005-123 in June and the Ministry of Municipal Affairs and Housing approved the CIP on September 16, 2005. In 2008 the grant program was amended to provide more funding opportunities. 1.3 The Community Improvement Plan allows the Municipality to provide incentives to business and property owners ir. the Bowmanville Community Improvement Project Area(Attachment 1). The merchants and business owners of the CIP area are notified via letters, the website and word or mouth of the incentives and grants available. Should they apply for a building permit or works that may be eligible for a grant they are informed of such by the Building Division and Planning Services staff. 1.4 The purpose of this report is to update Council on the grants that have been approved, paid out and pending the completion of works for prior years. This provides Council with an overall understanding of how the grants are assisting business owners. 2.0 CIP INITIATIVES 2.1 General Comments There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. We have encouraged applicants to take advantage of the free design service offered by the Planning Services Department for fagade improvements and development of visualizations. In all cases we have worked with applicants, and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor paid. Property owners must be current with their tax payments. 2.2 Building Permit Fee Grant Program This grant program is intended to assist property owners with financing the cost of the development process by providing a grant to offset the amount of the applicable Building Permit Fee to a maximum of $3,000. 821 REPORT NO.: PSD-003-10 PAGE 3 2.3 Site Plan Control Fee Grant Program This grant program is intended to assist commercial property owners with financing the cost of the development process by providing a grant to offset the amount of the Site Plan Control Fee to a maximum of$3,000. 2.4 Heritage Building Fagade Improvement Grant Program This grant program is intended to assist property owners with the financing of heritage building fagade improvements. The grant covers up to one third of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront, subject to an overall maximum of $50,000 per property owner for a building with multiple street addresses or storefronts. a Y x u SULLIVAN BEFORE SULLIVAN AFTER f '14 fi _. € rf DELTON FINANCIAL ADDED FRONT PORCH 2.5 Upgrade to Building Code Grant Program This grant program is intended to assist property owners with the financing of building improvements required to bring existing older buildings into compliance with the current Ontario Building Code. The grant covers up to one third of the costs of the eligible work per building to a maximum of$5,000. 822 REPORT NO.: PSD-003-10 PAGE 4 2.6 Reconstruction Grant Program The intention of the Reconstruction Grant Program is to assist property owners within the Community Improvement Plan area with the reconstruction of the heritage g - streetscape when portions of it are lost through a fire or natural disaster and the reconstruction effort meets the criteria of being a public benefit. The program --- allows the Municipality of Clarington to provide a one time grant for up to SECOND CHANCE/LANGE'S $10,000 to offset cost of reconstruction of a property, providing that the reconstruction enhances the streetscape and the fagade maintains the heritage character of Bowmanville. 2.7 Grants Applications Grant Type Year Building Name Location $ Value Stage Facade 2005 Balmoral Place 54 King St. E. $10,000 Paid Building Code 2005 Balmoral Place 54 King St. E $10,000 Paid Building Permit 2005 Balmoral Place 54 King St. E $3,000 Paid SPC fee 2005 Balmoral Place 54 King St. E. $770.40 Paid Facade 2005 Village Inn 93 King St. W. $10,000 max Approval withdrawn Facade 2006 Mini Mart 43 King St. E. $10,000 max Closed Building Code 2006 Mini Mart 43 King St. E $5,000 max Closed Building Permit 2006 Mini Mart 43 King St. E $3,000 max Closed Facade 2006 Cashier 47 King St. E $10,000 max Closed Building Code 2006 Cashier 47 King St. E $5,000 max Closed Building Permit 2006 Cashier 47 King St. E $3,000 max Closed Facade 2006 Brian's House of 185 Church $ 5,700.00 Paid Fish Facade 2006 Edward Jones 1 King St. E $ 4,980.17 Paid Building Code 2007 Oak Plus/ 91-99 King St. W $5,000 Approval Villa e Inn withdrawn - Building Code 2007 York House 106 Church St. $5,000 Submitted Facade 2007 York House 106 Church St. $10,000 Submitted Facade 2008 Mike Sullivan 118 King St. $10,000 Paid Building Fee 2008 Mike Sullivan 118 King St. $70 Paid Building Code 2008 Lan e's 29-31 King St. W. $5,000 Paid Facade 2008 Lan e's 29-31 King St. W. $10,000 Paid Building Permit 2008 Lang e's 29-31 King St. W. $2,971 Paid Reconstruction 2008 Lan e's 29-31 King St. W. $10,000 Paid Site Plan 2008 Lange's 29-31 King St. W. $2,058 Paid Control Building Code 2008 Bethesda 25-27 King St. W. $5,000 Paid House 823 REPORT NO.: PSD-003-10 PAGE 5 Grant Type Year Building Name Location $ Value Stage Facade 2008 Bethesda 25-27 King St. W. $10,000 Paid House Building Permit 2008 Bethesda 25-27 King St. W. $3,000 Paid House Reconstruction 2008 Bethesda 25-27 King St. W. $10,000 Paid House Site Plan 2008 Bethesda 25-27 King St. W. $2,076 Paid Control House -Building Code 2008 Leisure Lady 19 1/2-21 King W. $5,000 Withdrawn Facade 2008 Leisure Lady 19 1/2-21 King W. $10,000 Withdrawn Building Permit 2008 Leisure Lady 19 1/2-21 King W. $3,000 Withdrawn Reconstruction 2008 Leisure Lady 19 1/2-21 King W. $10,000 Withdrawn Site Plan 2008 Leisure Lady 19 1/2-21 King W. $3,000 Withdrawn Control Facade 2008 Masonic Lode 19 King E. $2,000 Approved Facade 2008 Wilson's 182 Church Street $86.91 Paid Building Code 2008 Wilson's 182 Church Street $1,857.98 Paid Facade 2009 Vaccum Plus 42-50 King St. E. $4,000.00 Submitted Store Facade 2009 Delton Financial 108 King St. E. $7,675.00 Paid Building Permit 2009 Delton Financial 108 King St. E. $523.19 Paid Building Code 2009 Sevarg 33 King W. $5,000.00 Approved Investments Facade 2009 Sevarg 33 King W. $10,000.00 Approved Investments Building Permit 2009 Sevarg 33 King W. up to $3,000 Approved Investments Reconstruction 2009 Sevarg 33 King W. $10,000.00 Approved Investments Site Plan 2009 Sevarg 33 King W. Not sure if Submitted Control Investments required Facade 2009 Bowmanville 19A King W. $1,500.00 Approved Barber Approved - means letter issued for the funding Discussion - means we have been in discussion with owner; waiting for additional information and application Submitted - means we have application and have asked for more info (details of work, quotes) Closed - means that the application was received but no action has been taken on it by the owner and will not be Approval withdrawn- means that no works were undertaken by the owner within the timeframe for the grant, they may reapply Withdrawn - means that the grant applicant withdrew the application 824 REPORT NO.: PSD-003-10 PAGE 6 2.8 Other ClP Works The Community Improvement Plan contains a number of recommendations that are in addition to the grant program. While some are major capital works such as the King Street bridge reconstruction others are recommendations about promotion and events. Bowmanville's 150th anniversary in 2008 was viewed as an opportunity to implement some of these other recommendations including a banner programme. Also in 2008 the landscape enhancements to the parking lot at Church and Silver Street were carried out from the CIP reserve fund. 2.9 Monitoring of Building Vacancy In 2009 a number of building vacancies occurred, mostly due to the economic climate. During the year, as new vacancies appeared the Clarington Board of Trade were alerted to include these properties in their marketing efforts. In addition, letters were sent to the owners of the buildings to notify them of the CIP incentives available. 2.10 ClP Fundinq To date the Municipality has paid out just under $114,000 in grants, currently there are $32,500 in grants approved awaiting the works to be completed by various merchants. There is another $50,000 to cover items submitted for but not approved (e.g. Awaiting drawings or estimates). Just prior to the budget review in August, Staff froze grants for the remainder of 2009 in anticipation of a reduction to the budget which was subsequently approved. While this has assisted with the Municipality's financial situation it has also created some pent up demand. There are grant applications that we have had to deny and others who have delayed work to 2010 in anticipation that the grants will be available again. Still other merchants have - proceeded without the benefit of the grants with minor repairs and painting of fagade of their storefronts particularly with new tenants moving into vacated ` ' stores. This has helped freshen- up the exteriors of their shops and is greatly appreciated. - GLASS SLIPPER/ MONICA ROSE/ CARRIAGE HOUSE ANTIQUES 825 REPORT NO.: PSD-003-10 PAGE 7 3.0 CONCLUSION 3.1 There has been good response to the grant program. The owners we have met with and provided visualizations to are pleased with the program and incentives provided by the Municipality. Some merchants have proceeded with works based on the design provided without taking advantage of the grants. Staff will continue to monitor the effectiveness of the program and make recommendations for changes, if necessary. 3.2 It is recommended that Council provide funding for the continuation of the CIP grant program in 2010. Staff Contact: Faye Langmaid Attachments: Attachment 1 — Map List of interested parties to be notified of Council's decision: Garth Gilpin, Co-ordinator, Bowmanville BIA Ken and Sherry Rupa Bethesda House, Jaki MacKinnon Patricia and Richard Lange Darlene and Mike Sullivan Bill Paterson Del Dykstra Jennifer Hutchinson 826 Attachment 1 To Report PSD-003-10 +.y 1 �,,. - -.X N y�y �• t 5 1" S 7:-E •F_LLLLL ��,'{�'�j,'T77��> jrrti-' '�'�;. �---� l ,;� c= F^ Y�I �# s f�I y y Y f ��1 •{ tires ,.•�++ y. ��+ �3 }�.•� � � t •... :- J j may s k 5 -mil (�a 411,w ,4 "•t tip �'ti v Y i`f� �j-. .`) 1 � ij 4,r ti_ ' _. W . .r-:• 1 �... 1 �. '-4_i k ' '�ry�'�?•1, + a - 7 ems+ , 'A4 _ .� �}���` 4� }�`",�� j(1J1-=.L11��1I1=11 I I,,�11 I!I x��`;',r '`•.�, ,'f /t/1�� _ ••5 } IBS��+•'{ Y ,' S '.,(� ,y� � MI _ 1 + r i - 1 T 1 T ' 827 • arin n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 4, 2010 Report#: PSD-004-10 File #: PLN 37.3.1 By-law#: Subject: NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-004-10 be received for information; and 2. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by. Da id Vbrome, MCIP,RPP Franklin Wu Director, Planning Services Chief Administrative Officer IL*FL*sn*df 15 December 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 828 REPORT NO.: PSD-004-10 PAGE 2 1.0 BACKGROUND 1.1 On January 29th, 2007 Council approved the preparation of a Community Improvement Plan (CIP) for Newcastle Village and a study area By-law 2007-015. The terms of reference for the study called for a community focus group, which was formed in March of 2007 and guided the study to its completion in April of 2008. 1.2 Council adopted the Community Improvement Plan by By-law 2008-064 on April 21St, 2008 and it became final and binding on June 3�d, 2008. As part of the review process, the Ministry of Municipal Affairs and Housing commented on the CIP and its recommendations. 1.3 The Community Improvement Plan allows the Municipality to provide incentives to business and property owners in the Newcastle Village Community Improvement Project Area (Attachment 1). The merchants and business owners of the area were notified of the approval of the CIP and the availability of the incentives and grants during a well attended trade show in the community in June of 2008. The Newcastle and Bond Head Ratepayers Association were given a presentation on the CIP in June of 2009. Should businesses and/or property owners apply for a building permit or works that may be subject to a grant they are informed of such by the Building Division and Planning Services staff. The CIP implementation has been assisted by a CIP Community Liaison Group which meets quarterly to review the Plan's progress and to bring forward issues that the Municipality can assist with. The Group chair is Carl Good and members include Gord Lee, Myno Van Dyke, Arthur Wynn, Ron Warne, Karin Murphy, Peter Sainovski, Councillor Robinson, and Theresa Vanhaverbeke representing the Newcastle BIA. This Group speaks to merchants and property owners on a regular basis to raise awareness of the CIP program and the services that are available. 1.4 The purpose of this report is to update Council on the grants that have been approved and pending the completion of works, paid out, or deferred pending further grant funding. This provides Council with an overall understanding of how the grants are assisting property owners. 2.0 CIP INITIATIVES 2.1 General Comments There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. We have encouraged applicants to take advantage of the free design service offered by the Planning Services Department for fagade improvements and development of visualizations. In all cases we have worked with applicants, and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor paid. Property owners must be current with their tax payments. For properties that have multiple municipal street addresses or storefronts, each property owner is subject to an overall maximum of$45,000. 829 REPORT NO.: PSD-004-10 PAGE 3 2.2 Site Plan Control Fee Grant Program This grant program is intended to assist commercial zone property owners with financing the cost of the development process by providing a grant to offset some of the Site Plan Control Fee to a maximum of$3,000. 2.3 Building Fagade Improvement Grant Program This grant program is intended to assist property owners with the financing of building fagade improvements. The grant covers up to one half of the costs of the eligible work per building to a maximum of $5,000 per municipal street address or storefront. 2.4 Upgrade to Buildinq Code Grant Program This grant program is intended to assist property owners with the financing of building improvements required to bring existing older buildings into compliance with the current Ontario Building Code. The grant covers up to one half of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront. 2.5 Infill Proiect Grant Program This grant program is intended to assist property owners with financing the cost of the development by providing a one time grant to offset the amount of building construction to a maximum of $10,000. All buildings are to be designed in keeping with the historical context of Newcastle Village. 2.6 Signage Grant Program This grant program is intended to assist property owners with the financing of signage improvements. The grant covers up to one half of the costs of the eligible work per building to a maximum of $2,000. 2.7 Grants Applications and Status Grant Type Year Business Narne" Locatlgnr Facade 2008 You're in the Dog House 205 King Ave. E $3,195.94 Paid out Facade 2008 The Black Knight 119 King Ave. W $5,000.00 Paid out Signage 2008 The Black Knight 119 King Ave W $2,000.00 Paid out Facade 2008 Clark Chiropractic 10 King Ave. E $3,087.00 Paid out Facade 2008 Roselina's 4 King Ave E $5,000.00 Paid out Facade 2008 Village Card & Gift Shop 19 King Ave. E $5,000.00 max Withdrawn Signage 2008 Village Card & Gift Shop 19 King Ave. E $2,000.00 max Withdrawn Building Code 2009 The Black Knight 119 King Ave. W $10,000.00 Paid out Facade 2009 Yummy Pleasures 123 King Ave. W $5,000.00 Paid out Facade 2009 Canada Brokerlink Insurance 83 King Ave. W $4,187.00 Approved In Person Facade 2009 Newcastle Eye Care 85 King Ave. W $4,187.00 Approved Facade 2009 Tiny Bubbles 54 King Ave. E $5,000.00 max Withdrawn Signage 2009 Tiny Bubbles 54 King Ave. E $2,000.00 max Withdrawn Signage 2009 Yummy Pleasures 123 King Ave.W $2,000.00 max Deferred Building Code 2009 Yummy Pleasures 123 King Ave. W $10,000.00 max Deferred Site Plan 2009 Diana's Gingerbread Cottage 106 King Ave. E $3,000.00 max Deferred Signage 2009 Lovekin Law 35 King Ave. W $2,000.00 Discussion 830 REPORT NO.: PSD-004-10 PAGE 4 Approved - means letter issued for the funding Discussion - means we have been in discussion with owner; waiting for additional information and application Withdrawn - means that the grant applicant withdrew the application Deferred - means waiting for CIP funding approval for 2010 Below are photographs of CIP projects that were completed in 2009. t i S= g 4 Yummy Pleasures The Black Knight 123 King Avenue West (The Old Newcastle House Taps & Grill) Facade Improvement on 119 King Avenue West Baldwin Street Building Code Upgrade for accessible washroom addition 2.8 Other CIP Works The Community Improvement Plan area is bisected by Mill Street, otherwise known as Regional Road 17. The Region of Durham proposed to upgrade Mill Street South from Highway 401 to King Avenue in 2009. The works included left turn lanes at Edward Street, reconstruction of the road pavement, curb and gutter, watermain and storm sewer, overhead cobra lights and repair and replacement of existing sidewalks. The CIP included comments regarding the tree canopy along Mill Street South, and how it defined the street, as such it was important that the road reconstruction be conducted in a manner that was sensitive to the protection of the trees and their root system. The Region of Durham was aware of the policies of the CIP and managed the road reconstruction project in a manner that was sensitive to the neighbourhood by protecting the mature tree canopy along the street. Consideration to the pedestrian environment at the intersection of King Avenue and Mill Street South was also enhanced by the Region as part of the project through the installation of interlocking brick in the street boulevard. 2.9 CIP Funding Council has provided funding since 2008 for the CIP and a total of just over $33,000 has been dispersed for various projects. Funds have been allocated for two projects scheduled for completion this year. Three applications, totalling $15,000, are deferred by the owners in anticipation that funds will be made available in 2010. There was just over $3000 remaining in the CIP budget for 831 REPORT NO.: PSD-004-10 PAGE 5 grants, when the funds were frozen and budgets adjusted by Council on August 31, 2009 3.0 CONCLUSION 3.1 There has been good response to the grant program. The owners we have met with are pleased with the program and the financial incentives provided by the Municipality. Staff will continue to monitor the effectiveness of the program and make recommendations for changes as necessary. 3.2 It is recommended that Council provide funding for the continuation of the CIP grant program in 2010. Staff Contact: Isabel Little Attachments: Attachment 1 — Community Improvement Project area map List of interested parties to be notified of Council's decision: Valentine Lovekin, Newcastle BIA Newcastle Village CIP Community Liaison Group c/o Isabel Little 832 U - MONR � O Z I tt OE STREET W W � MONROE STREET E O Z GRADY OR ;U U C f ANDREW STREET -9ry� O 'pF y w wST 3 9y L FP O N 9C a ^ 90 � AN F S GEORGE ST W GEORGE ST E m GEORGE ST E W OR wSrRFFT w � y V p \ 5 GRAHAM CT = Z p aY � O 2 Z w W r W RESNIK ORNE WILMOT STREET N 2 OATLEY CT 2 j K a 6 CHALLENGER GT f ANDREW STREET KING AVENUE EAST KING AVENUE WEST KING AVENUE WEST KING AVENUE EAST _ -- LILLIAN CRESCENT 11 T HARMER DRIVE JOSE COURT I EMILY 5T W W EMILY ST F W r j � N W 3 GREEK DRIVE K > K V£ i u W' W w � p 001J'A Z O W o = y m o i 0 BLOOM AVE r O STANFORD m CAROLINE STW CAROLINE STE o g O�W w W f CAKING DRIVE O CRESCENT a m RAVEY STREET L O 2 EDWARD ST W x EDWARD STREET EAST O EDWARD STREET W 5 T m N T m r W W *` UT � s ¢ �I Q O N m SHIRLEY AVENUE Q w J 7 r JAMES ST j Z JAMES ST HART COURT U BRIDGES DRNE V n CD F7 T O �`'i Newcastle Village Community Improvement Plan Boundary °� � o � arm n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday January 4, 2010 Report#: PSD-005-10 File #: PLN 17.1.6 By-law #: Subject: ENVIRONMENTAL STEWARDSHIP 2009 PROGRAM UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-005-10 be received for information. Submitted by: Reviewed by. Dav"d . Crome, MCIP, RPP Franklin Wu Direc or, Planning Services Chief Administrative Officer FL/DJC/df November 11, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 834 REPORT NO.: PSD-005-10 PAGE 2 1.0 BACKGROUND 1.1 Since 2002, Council has been providing annual funding for an ongoing stewardship programme. The environmental stewardship programme was established to encourage private groups to carry out works that improve municipal lands, such as valleylands and other natural areas. 1.2 Initially uptake of these stewardship funds were limited. It took some time to build awareness that funding was available for stewardship projects on municipal properties. In addition, staff has been careful to direct private stewardship initiatives to the applicable conservation authority, Durham Land Stewardship Council (for Ministry of Natural Resources properties) and other programmes. 1.3 The purpose of this 'report is to inform Council of how the funds have been spent during 2009 and the funds that are remaining in the Stewardship account (carried over from previous years). 2.0 GRANTS 2.1 General Guidelines When approving projects for funding, Staff have been careful to only fund projects that are on municipally owned properties, have in-kind contributions (labour and/or materials) and meet the overall concept plan for the area. Planning Services Staff work closely with Engineering and Operations Staff to ensure that the project is in the best interests of the municipality. The work undertaken in previous years is outlined in Attachment 1. 2.2 2009 Works Funding of the Ministry of Natural Resources (MNR) Rangers for one week. The Ontario Stewardship Rangers work in teams of five (5) high school students (17 year olds) and a project captain. The MNR Rangers assisted the Courtice Lions at the Millennium Trails by clearing the creek of debris and spreading woodchips on the trail. They worked with our Samuel Wilmot Nature Area Advisory Committee to build a new woodchip trail through the east woodlot. They assisted Valleys 2000 with mulching the butterfly garden and tree removal in the Bowmanville Valley. In addition they worked on the removal of Phramagites from wetland areas in the Black/Farewell Creek watershed. These projects were coordinated by the Operations and Engineering Services Departments. Two planting projects were done in Courtice this year. In the spring buffer plantings were undertaken between the Nantucket condos and the Rob Pointek Skate Park. It included native trees and shrubs with an emphasis on coniferous planting. In the late fall native trees and shrubs were planted in the Black Creek valley between the Nantucket condos and Hwy. 2 along the creek. The planting projects have been done by Courtice Secondary School students. The goal of all the planting projects is to increase/restore the diversity of native plants in the Black Creek area. 835 REPORT NO.: PSD-005-10 PAGE 3 3.0 CONCLUSION 3.1 There has been good response to the grant program, to date over $32,000 has been spent; however, the in-kind contributions increase the value of the works completed by three to four times. In addition, the net gain for those involved has been an understanding and long-term commitment to the community and environmental stewardship. 3.2 The 2009 projects totalled $10,040.00. Staff hope to continue to maintain the environmental stewardship program in the coming year although the funding levels will be reduced. Staff Contact: Faye Langmaid Attachments: Attachment 1 — Stewardship Projects 2003-2008 836 Attachment 1 To Report PSD-005-10 Previous Stewardship Projects 2003-2008 2008 Funding of the Ministry of Natural Resources (MNR) Rangers for a week of their time to assist with projects in Clarington. The Operations Department provided on site direction, for the pulling of Phramagites in the Black/Farewell Creek wetland areas for 2 days. The remaining days were under the direction of the Manager of Park Development and included one day at the Samuel Wilmot Nature Area creating woodchip walkways; one day with Rev. Frank Lockhart from Valleys 2000 in the Bowmanville Creek removing dead trees and path trimming/clean up, and one day with Courtice Lions working on stream clean-up and boardwalk construction in the Courtice Millennium trails. 2007 Funding of the Ministry of Natural Resources (MNR) Rangers for a week of their time to assist with projects in Clarington. The Operations Department provided on site direction, for the pulling of Phramagites in the Black/Farewell Creek wetland areas for 2 days. The remaining days were under the direction of the Manager of Park Development and included one day at the Samuel Wilmot Nature Area creating woodchip walkways; one day with Rev. Frank Lockhart from Valleys 2000 in the Bowmanville creating paths, and one day with Courtice Lions working on stream clean-up and boardwalk construction in the Courtice Millennium trails. Plantings at Wilmot Creek Nature Area in partnership with the Samuel Wilmot Nature Area Committee, Engineering Services and the St. Stephen's Catholic High School students. Funding of the lumber for a continuation of the Boardwalk at Courtice Millennium Trail in partnership with Courtice Secondary School students. The students constructed the boardwalk in sections, in shop class, and then assembled it on site. This project was part of a much larger project that included the Courtice Lions Club and a Trillium Grant. 2006 In February of 2006 the Municipality hosted, in partnership with OPG, a workshop for a number of environmental groups with Evergreen. Evergreen is a not-for-profit environmental group that provides advice and funding for environmental projects. The workshop was attended by approximately 25 people representing a number of different groups. The information provided during this workshop was extremely helpful to a number of these groups. The networking opportunities for the groups were also an important aspect of the workshop. Plantings in Soper Creek valley along the pathway from the Visual Arts Centre north in partnership with the Planning Services Department World Town Planning Day event and Bowmanville High School students. Sponsorship of a workshop for municipal staff from throughout the Region of Durham regarding private wells and septic systems and their impact on the environment. The workshop was provided by Dr. Mary Jane Conboy of the Well Wise Centre which 837 opened in Orono early in 2007. The intent of this workshop was to educate municipal staff (building and planning) to ensure consistent messages are provided across the Region to residents on wells and septic systems. Provided funding for the lumber for Boardwalk at Courtice Millennium Trail in partnership with Courtice Secondary School students. The students constructed the boardwalk in sections, in shop class, and then assembled it on site. 2005 Boardwalk behind Courtice Complex in partnership with Courtice Secondary School students. The funding provided the lumber necessary for the project, again the students constructed the boardwalk in sections, in shop class, and then assembled them on site. Plantings in Soper Creek valley along the pathway from the Visual Arts Centre north to Hobbs Avenue, in partnership with Valleys 2000 and Bowmanville High School students who provided the labour. 2004 Creek crossing in Bowmanville Valley in partnership with Valleys 2000 and Courtice Secondary School students. The funding provided the lumber necessary for the project, the students built and installed the crossing. 2003 Plantings in the Bowmanville Valley along the pathway from Spry Avenue north. In-kind labour provided by Planning Services Staff and Valleys 2000. 838 Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 4, 2010 Report#: PSD-006-10 File #: PLN 37.4 By-law #: Subject: COURTICE COMMUNITY IMPROVEMENT PROGRAM UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-006-10 be received for information; and 2. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: D v d J. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer DJC:sn December 15, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-830 839 REPORT NO.: PSD-006-10 PAGE 2 1.0 BACKGROUND 1.1 Council incorporated $10,000 in the 2009 Community Improvement budget for Courtice. These funds were earmarked for streetscape improvements, including banners, along Highway 2. 2.0 STREET TREES 2.1 A total of 26 street trees were planted at four locations along the Courtice Highway 2 corridor between Townline and Courtice Road under the supervision of the Manager of Parks Development. It is anticipated that future funding will augment the street tree planting program on the municipal road allowance, thereby continuing to implement the recommendations of the Courtice Corridor Study. 3.0 TOOLEY MEMORIAL 3.1 During the year, the Municipality acquired the house and property at 71 Old Kingston Road with the intention of providing a trailhead and small parkette along the Farewell Creek Valley. This initiative was to start to fulfil the actions identified in the Municipality's Corporate Strategic Business Plan 2007-2010 to create a focal point and develop a trail system along the Farewell Creek, also known to some as Barber's Creek. 3.2 The property acquired included the homestead of Augustus Tooley, who operated a mill along the creek. Although the home was destroyed by arson, the stone foundation walls have been preserved and removed to the Operations Depot in Hampton. The Clarington Heritage Committee has recommended that a memorial cairn be established (See attachment 1 for an overview of the history of the site). 3.3 In the 2009 budget, funding was set aside for the design of the cairn and construction will proceed with 2010 funding. The Manager of Parks Development has been responsible for the design of the cairn. The Clarington Museum and Archives, in consultation with the Clarington Heritage Committee and staff will be responsible for the text to be incorporated in the project. muA1DI1wATME/IESTORGII 1 WORNATION DISPLAY BOARD(BY OTHERS) SEE PLAQUE S ACE DETAIL. PROAM CDISBIGATED WALL TIES 25mn. PROVIDE 10mm MM. 17Bmm AT A /. MORTAL BED AlL ARCUIE) VERT.AND RDRIL WALL STONES TIES SHALL BE BLT7A BY BLOK-LOK OR D/A CWT BY DUR-O-WAL SALVAGED FIELDSTONE TES SHALL BE o FACRTO OALVgIRED. ALL FOUR SOES OF B-ISM VERRCAL STONE CN RN TD RE BLOPED AT 15' I -4-IOM TES ORAOE SLOPE SLOPE 100 5-18N MP a BOT. Y NIM JODnm CPA"'A' COAPACEO TO 90.5 S.PJ3.D.D. 3 OCEI MOST LESCEPUBLE NIL TO NOT LE55 THM3 I500mm 9ElOA GRADE AWO REPLACE SITH SECTION eE i� GRANULAR 13.00MPACM 840 ro Sax S.P.MD.D. SCALE KO( W REPORT NO.: PSD-006-10 PAGE 3 4.0 COMMUNITY IMPROVEMENT PLAN PROJECT AREA 4.1 The Clarington Official Plan Review is recommending that the Courtice Main Street Corridor be identified as a future Community Improvement Project Area. This is to help facilitate the implementation of the Courtice Main Street Study and the Official Plan policies arising from this work. It is recognized that this will be a major area of intensification and redevelopment in the years to come. When a CIP Plan is prepared, a variety of actions may be recommended. Most importantly, by being identified as a CIP Project Area, it would comply with the Region's polices for eligibility for regional participation for servicing projects. 5.0 CONCLUSION 5.1 Council provided funding for municipal initiatives to improve the streetscape and the public realm of the Courtice area. The projects for the initial year have been outlined in this report. It is recommended that Council provide funding for the continuation of the streetscape improvement program in 2010. Staff Contact: David Crome Attachments: Attachment 1 — Background on the Augustus Tooley Mill and House List of interested parties to be notified of Council's decision: Martha Rutherford Conrad, Clarington Museum &Archives Vic Suppan, Chair— Clarington Heritage Committee 841 Attachment 1 To Report PSD-006-10 AUGUSTUS TOOLEY MILL AND HOUSE Augustus Smith Tooley came to Canada in 1860. He first worked at Gooderham and Worts Distillery in Toronto and then relocated to Cedar Dale, a village south of Oshawa, where he was the head miller for Sandy Small's Mill. In the 1870's Jacob Stalter obtained a large part of a 100 foot long mill in Haydon and had it moved to this property. The mill pond dammed both Farewell and Black Creeks. Augustus purchased the mill from Stalter and named it The Peoples Mill. Augustus and his family resided in the house and the area eventually became known as Tooley's Mill Hill. Augustus operated the mill until the creeks did not provide enough water power. In the 1890's major work was done on Kingston Road. The steepest ravines were causewayed to raise the road bed well above the valley floor. The road bed in front of the mill house was raised so much that the house had to be lifted to meet the new level of the road. A high stone basement foundation was placed underneath the house and the stones to be used in the cairn are from that foundation. The Prestonvale Tourist Camp operated on the site during the 1920's and was owned by Bob Preston, who was the Mayor of Oshawa from 1927 to 1929. The dam, diner, and change rooms made it the best swimming hole for miles around. The Courtice Diner featured a large teapot on the roof that blew smoke. The camp was sold in 1942 shortly after Bob Preston's death. 842 • arin n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, January 4, 2010 Report#: PSD-007-10 File No's: A2009-0047 through By-law: A2009-0050 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF DECEMBER 10, 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-007-10 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on December 10, 2009 for applications A2009-0047 through A2009-0050 and that Staff be AUTHORIZED to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted b Reviewed by '_David J. trome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer MM/CP/df 14 December 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 843 REPORT NO.: PSD-007-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISION OF COMMITTEE OF ADJUSTMENT FOR December 10, 2009 Application Number Staff Recommendation .Decisior�3of Comr ttee ' A2009-0047 Approved Approved A2009-0048 Approve with conditions Approve with conditions A2009-0049 Approved Approved A2009-0050 Approved Approved 1.2 Application A2009-0047 was filed to permit the expansion of an existing greenhouse operation by increasing the total lot coverage by non-residential uses from 17.5% to 21.5%. The Committee concurred with Staff's recommendations and approved the application. 1.3 Application A2009-0048 was filed to permit the construction of a mixed use building by relocating the main pedestrian entrance from the south building fagade, within 5 metres of Durham Highway 2, to the west building fagade, within 22 metres of Durham Highway 2. The Committee concurred with Staffs recommendations approved the application with the condition that the site plan must be revised to the satisfaction of the Director of Planning within 180 days to include an entrance features for the pedestrian connection to the public sidewalk on Highway 2. 1.4 Application A2009-0049 was filed to permit the construction of a two-story addition to a single detached dwelling by reducing the required northerly side yard setback from 6 metres to 3.5 metres. The Committee concurred with Staff's recommendations and approved the application. 1.5 Application A2009-0050 was filed to permit the construction of a single detached dwelling by increasing the maximum permitted height from 10.5 to 11.8 metres. The Committee concurred with Staff's recommendations and approved the application. 844 REPORT NO.: PSD-007-10 PAGE 3 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2009-0047 through A2009-0050 are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2009-0047 through A2009-0050 is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Staff Contact: Mitch Morawetz Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment (December 10, 2009) 845 Attachment 1 To Report PSD-007-10 �r� n Leading[he Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: REKKER GARDENS LTD OWNER: REKKER GARDENS LTD PROPERTY LOCATION: 2258 HIGHWAY 2, DARLINGTON PART LOT 18, CONCESSION 2 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2009-0047 PURPOSE: TO PERMIT THE EXPANSION OF AN EXISITING GREENHOUSE OPERATION BY INCREASING THE TOTAL LOT COVERAGE BY NON-RESIDENTIAL USES FROM 17.5% TO 21.5%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE EXPANSION OF AN EXISTING GREENHOUSE OPERATION BY INCREASING THE TOTAL LOT COVERAGE BY NON-RESIDENTIAL USES FROM 17.5% TO 21.5%, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: December 10, 2009 LAST DAY OF APPEAL: December 30, 2009 846 • arm n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MACNAUGHTON HERMSEN BRITTON CLARKSON PLANNING OWNER: SHOPPERS REALTY INC PROPERTY LOCATION: 1428 HIGHWAY 2, COURTICE PART LOT 35, CONCESSION 2 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2009-0048 PURPOSE: TO PERMIT THE CONSTRUCTION OF A MIXED USE BUILDING BY RELOCATING THE MAIN PEDESTRIAN ENTRANCE FROM THE SOUTH BUILDING FACADE, WITHIN 5 METRES OF DURHAM HIGHWAY 2, TO THE WEST BUILDING FACADE, WITHIN 22 METRES OF DURHAM HIGHWAY 2. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A MIXED USE BUILDING BY RELOCATING THE MAIN PEDESTRIAN ENTRANCE FROM THE SOUTH BUILDING FACADE, WITHIN 5 METRES OF DURHAM HIGHWAY 2, TO THE WEST BUILDING FACADE, WITHIN 22 METRES OF DURHAM HIGHWAY 2, SUBJECT TO THE SITE PLAN BEING REVISED TO THE SATISFACTION OF THE DIRECTOR OF PLANNING WITHIN 180 DAYS TO INCLUDE AN ENTRANCE FEATURE FOR THE PEDESTRIAN CONNECTION TO THE PUBLIC SIDEWALK ON HIGHWAY 2, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: December 10, 2009 LAST DAY OF APPEAL: December 30, 2009 847 • arm n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TRADEMARK HOMES OWNER: JESSICA MAY PROPERTY LOCATION: 3620 OLD SCUGOG ROAD, DARLINGTON PART LOT 15, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2009-0049 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED SIDE YARD SETBACK FROM 6 METRES TO 3.5 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A TWO-STORY ADDITION TO A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED NORTHERLY SIDE YARD SETBACK FROM 6 METRES TO 3.5 METRES, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: December 10, 2009 LAST DAY OF APPEAL: December 30, 2009 848 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JEFFERY HOMES OWNER: CHRIS WHITE PROPERTY LOCATION: 90 WILLIAM ALLIN COURT, CLARKE PART LOT 19, CONCESSION 2 FORMER TOWNSHIP OF CLARKE FILE NO.: A2009-0050 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 10.5 METRES TO 11.8 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 10.5 METRES TO 11.8 METRES, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: December 10, 2009 LAST DAY OF APPEAL: December 30, 2009 849 • ar�n n (iLeading Ythe Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 4, 2010 Report#: PSD-008-10 File #: SVA 2009-0001 By-law #: Subject: MINOR VARIANCE TO SIGN BY-LAW 2009-123 APPLICANT: ROBIN JEFFREY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-008-10 be received; 2. THAT the application for Minor Variance to the Municipality of Clarington Sign By-law 2009-123, submitted by Robin Jeffrey, to permit a reduction in the minimum required setback from the road allowance from 1 metre to 0 metres and an increase in maximum permitted sign area from 1.5 m2 to 2.7 m2 for a ground sign be APPROVED; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: 7x� Reviewed by Da id . Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer MH/CP/df December 15, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 850 REPORT NO.: PSD-008-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Dr. Robin Jeffrey 1.2 Location: Part Lot 12, Concession 1, former Town of Bowmanville 183 Church Street, Bowmanville (see Attachment 1). 1.3 Proposal: To permit a reduction in required setback from the road allowance, from 1 metre to 0 metres and to permit an increase in maximum permitted sign area from 1.5 m2 to 2.7 m2. 2.0 BACKGROUND AND PROPOSED VARIANCE 2.1 The subject property is located at 183 Church Street, just west of Silver Street in Bowmanville. The existing building is currently being used for a chiropractic clinic by Dr. Robin Jeffrey. Site plan approval was granted on June 12, 2003 for the chiropractic use of the building and site. A ground identification sign was installed on the property by the applicant following site plan approval. A sign permit application was not submitted by the applicant at that time, and therefore was never issued. 2.2 In response to a complaint, on February 19, 2009, a letter was sent to the applicant from the Municipality advising that a sign permit for the existing sign was required. 2.3 An application for minor variance to Sign By-law 97-157 was submitted on May 29, 2009. Upon further review, it was discovered that the measurements provided by the applicant as part of their submission for minor variance were in fact measured from the sidewalk, and not from the front yard property line. The applicant resubmitted a site plan drawing to show that the sign was at a 0 metre setback on October 2, 2009. 2.4 A site inspection conducted by Planning and By-law Enforcement on October 13, 2009 revealed that the existing sign is located partially within the road allowance. The applicant was informed that the sign would have to be moved regardless of the approval of a sign variance. The applicant informed staff that they were unwilling to move the sign and requested that their application for minor variance to Sign By-law 97-157 not move forward. 2.5 After receiving a further letter from By-law Enforcement, the applicant informed Planning staff on December 8, 2009 that they were willing to move the sign out of the road allowance by December 22, 2009 and would like to move forward with the application for a minor variance to the Sign By-law. 851 REPORT NO.: PSD-008-10 PAGE 3 2.6 A new Sign By-law was passed by Council in September, 2009, and came into effect on January 1, 2010. The proposed application will therefore now be a variance to Sign By-law 2009-123, and will be reviewed accordingly. Sign By-law 2009-123 has revised regulations concerning sign area for ground signs within Heritage Resource Areas (HRA). Although the existing sign met the regulations of Sign By-law 97-157 regarding sign area, without having a permit issued under the old Sign By-law, the existing sign is required to comply with the new Sign By- law regulations, or receive approval for a minor variance to Sign By-law 2009- 123, before a sign permit can be issued by Staff. 3.0 SIGN BY-LAW PROVISIONS 3.1 The subject property is located within the HRA as identified within Sign By-law 2009-123. Properties within the HRA are permitted one (1) ground sign. All ground signs are required to be located a minimum 1 metre from a road allowance. The existing sign does not meet the minimum required 1 metre setback. 3.2 A ground sign within the HRA is permitted to have a maximum total sign area of 1.5 m2; the existing sign has a total area of 2.7 m2 and therefore does not meet the maximum permitted sign area for a ground sign within an HRA. 4.0 APPLICANT'S RATIONALE 4.1 The applicant suggests that the sign must be located in front of the existing veranda with a 0 metre setback from the property line in order for the sign to be visible to those passing by. If the sign is to be located a minimum 1 metre from the road allowance, the sign would be hidden by the building and will no longer be fully visible to those driving east along Church Street. 4.2 When the sign was first installed on the property, both the applicant and the sign company who installed the sign believed that the location they chose met the Sign By-law requirements. Unfortunately, measurements were taken from an incorrect location, outside the limits of the property, thereby placing the sign at a 0 metre setback to the property line and partially within the road allowance. 4.3 The area of the existing sign meets the old requirements of Sign By-law 97-157. However, the newly approved Sign By-law 2009-123 which came into effect January 1, 2010, has reduced the maximum permitted sign area of a ground sign within an HRA from 3.5 m2 to 1.5 m2. The approval of a minor variance will allow the applicant to preserve the existing sign rather than install a new sign or amend the existing sign to meet the new Sign By-law regulations. 852 REPORT NO.: PSD-008-10 PAGE 4 5.0 STAFF COMMENTS 5.1 A site inspection was held on October 13, 2009 to document the existing location of the sign, and to verify that the measurements provided to staff were accurate. (See photos below). The site inspection revealed that the existing sign is in fact located approximately 0.17 metres (7 inches) within the road allowance. Y 0 BOWMANVILLF } CLINIC Dr. Robin L.Jeffrey 48 CHIROPRACTIC ILA� +' Alison V, Massage Therapy ~� Photo 1: Existing Ground Sign Photo 2: Existing Ground Sign, Looking East 853 REPORT NO.: PSD-008-10 PAGE 5 5.2 Many of the existing buildings (residential and/or commercial) along Church Street are located close to the road allowance. Being that the subject property and the surrounding neighbourhood are within an older part of Clarington, many of the buildings that exist today were built prior to the passing of any Zoning By- law which would have regulated minimum front yard setbacks. This has resulted in a shallow front yard, and very minimal space for the location of a ground sign on the subject property. 5.3 If the application is approved to permit the sign to be located at a 0 metre setback to the road allowance, there will remain an approximate 1.2 metre separation between the edge of the sidewalk and the closest sign post. In addition, the proposed location of the sign will be a minimum 3 metres from the nearest drive aisle (located on the adjacent property to the east) and therefore is not within a required sight visibility triangle. The approval of a 0 metre setback for a ground sign on the subject property will not impede vision of vehicular traffic entering or exiting the adjacent property, and will not become a safety hazard for pedestrians and cyclists traveling the sidewalk. 5.4 The existing sign was designed to meet the regulations of Sign By-law 97-157 for maximum permitted sign area, as well as to fit in with the historic nature of the subject property and surrounding neighbourhood. The existing sign meets the regulations of Section 8.20 of Sign By-law 2009-123 for signs within an HRA. The sign is built with painted wood, having black posts a dark green display surface and white text. The sign also includes the address of the subject property. The sign is sympathetic and compatible with the surrounding area, and an increase in sign area from 1.5 m2 to 2.7 m2 to permit the existing ground sign to remain will not detract from the historic nature of the building or the surrounding neighbourhood. 6.0 RECOMMENDATION 6.1 It is Staff's opinion that the application be approved as the proposed ground sign, in its proposed location, will not impede vision or become a safety hazard. In addition, the proposed increase in sign area will not detract from the heritage nature or value of the surrounding area and will have no negative impact on the existing character of the neighbourhood. It is respectfully recommended that the minor variance to Sign By-law 2009-123, to permit an existing ground sign by reducing the minimum required setback from the road allowance from 1 metre to 0 metres, and by increasing the maximum permitted sign area from 1.5 m2 to 2.7 m2, be APPROVED. 854 REPORT NO.: PSD-008-10 PAGE 6 Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Site Location Key Map Attachment 2 - Proposed Sign Location List of interested parties to be advised of Council's decision: Robin Jeffrey 855 Attachment 1 To Report PSD-008-10 LOT 13 LOT 12 62 65 O o � a mQ 60 63 CL N ° CONCESSION STREET WEST 171 bib `'� A, 09 �9 b W 45 �k 7�7 W ^h ^ S 42 � ^b`° �' b ^ � T V 39 ^ ^y ��O^. 14, 40 (D CIO 36 U 35 �� Cb 96 ^ o ti pp ^ ^ti 30 29 z G �� ^� O 183 Church Street �y ^�� 3° ���" �, ^ W 0 1 g ^ ^ O V "v ^^ ^^ ?? o s? 78 ^� ow 7y Gj'� 19 p S8 tip m '2 e- ^� � o ST lob �ti6ti J� 15 lb^ `C`,, h Gjv 5 ��C' Aj pryry�� CIV ti 4 NIP 1?0 lb 19 >> 3 ^ti 5 h° Property Location Map (Bowmanville) Area Subject To Sign Variance Application - 183 Church Street, Bowmanville SVA 2009-0001 856 Attachment 2 To Report PSD-008-10 "A STY. FRAME - GARAGE "- f 43 Nth 24 r 3760 !_ a 2 t Vj--WAv �r _ N _ _rn ' \ m ' ' cm I r en C-) t s -i \ J ? to Z rn Z o � 1 z fn CO = Y 14.42 ' 1 A O �±► 1— STY CONC. 'BLOCK "' 'm 8L DG . v ` J 857 • Leadin theWa REPORT g y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 4, 2010 Report#: PSD-009-10 File #: S-C-2001-002 By-law#: Subject: REQUEST FOR EXTENSION OF DRAFT APPROVAL 1613 HIGHWAY 2 AND KENNEDY DRIVE, COURTICE APPLICANT: FIRST-TECH MECHANICAL SYSTEMS INC., MARIA WULCZYN AND PERCY NAPPER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-009-10 be received; 2. THAT the request to extend the lapsing date for the draft approved Plan of Subdivision until October 4, 2012 be DENIED; 3. THAT an extension to the lapsing date until October 4, 2011 for the draft approved Plan of Subdivision be APPROVED and that the Director of Planning Services be AUTHORIZED to amend the Conditions of Draft Approval; 4. THAT the by-law authorizing the entering into a Subdivision Agreement between the Owner of the lands and the Municipality of Clarington be APPROVED as contained in Attachment 2; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 858 REPORT NO.: PSD-009-10 PAGE 2 Submitted by: C % Reviewed by: avid J. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer ATS/CP/df 16 December 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 859 REPORT NO.: PSD-009-10 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: First-Tech Mechanical Systems Inc., Maria Wulczyn, and Percy Napper 1.2 Agent: Weston Consulting Group Inc. 1.3 Proposal: To extend the lapsing date for the draft approved Plan of Subdivision until October 4, 2012 for a 12 unit project 1.4 Area: 0.39 hectares (0.98 acres) 1.5 Location: 1613 Highway 2 2.0 BACKGROUND 2.1 On October 4, 2007, following a settlement, the Ontario Municipal Board issued its decision to allow for the development of three (3) single detached dwellings along Kennedy Drive and a block for nine townhouses to be accessed by Highway 2 and a common rear lane (Attachment 1). The appellants, the Municipality of Clarington and the Region of Durham were parties to the settlement. The plan of subdivision received draft approval, and the proposed zoning by-law amendment was also approved. 2.2 A standard notice provision in the draft plan conditions specifies that if final approval is not given to the plan within three years of the draft approval date, being October 4, 2007 (the date that the OMB issued their decision), draft approval shall lapse and the file shall be closed. However, reasonable extensions may be granted by Council. These provisions are also authorized under Section 51(32) and 51(33) of the Planning Act where approval authorities may provide that the approval lapses after a period of not less than three (3) years. 2.3 Since Draft Approval in late 2007, the applicants and their agents have commenced clearing conditions of draft approval. However at this time the applicants have formally requested to extend the draft plan of subdivision approval period for an additional 24 months, until October 4, 2012, to facilitate the efficient clearance of the conditions and the final approval of the subdivision. 2.4 The lands are currently up for sale. 3.0 STAFF COMMENTS 3.1 The proposed development applications, as approved by the OMB, were found to be consistent with the Provincial Policy Statement 2005 and in conformity with the Official Plan. 860 REPORT NO.: PSD-009-10 PAGE 4 3.2 The purpose of this report is to consider whether the conditions of draft approval should lapse on October 4, 2010 as scheduled or be reasonably extended. 3.3 The applicant's proposal to extend the draft approval period an additional 24 months, until October 4, 2012, is considered to be unwarranted at this time and Staff provides the following rationale: • The existing draft approval is not scheduled to lapse until October 4, 2010; much of the work required to clear conditions could be completed over the next 9 months; • Planning policies at the regional and local level are in a state of change and will continue to be over the next several months (ie. Growing Durham, Clarington Official Plan update). These initiatives require higher levels of intensification to meet provincial targets especially along Highway 2 which is a major regional corridor; and, • The standard time frame for draft approval in the Municipality of Clarington is three years. Extensions to draft plan approval are not often considered, therefore suggesting the three-year time frame is adequate. 3.4 There is nothing in the Planning Act or the Municipality of Clarington Official Plan to discourage granting extensions to Draft Plan approval. Given the lands are for sale and there has been limited progress to date on the proposed development, an extension for an additional one (1) year can be supported. Staff are cognizant that it may take some time for a future owner to purchase the lands and fulfil the conditions, however, it should not be longer than this recognizing the new policy imperatives. 4.0 RECOMMENDATION 4.1 In consideration of the comments noted above, Staff does not recommend approval of an extension until October 4, 2012, however can support the extension until October 4, 2011. Furthermore, Staff recommends the passing of a by-law authorizing the execution of a Subdivision agreement as described by the attached by-law (Attachment 2). Staff Contact: Anne Taylor Scott Attachments: Attachment 1 — Key Map Attachment 2 — By-law Authorizing Subdivision Agreement List of interested parties to be advised of Council's decision: Kurt Franklin, Weston Consulting Inc. First-Tech Mechanical Systems Inc. and Gerard Borean, Parente, Borean LLP Maria Wulczyn Tom Robinson Percy Napper Gordon Lund Bill Clark Marnie Scott 861 Property Location Map(Courtice) DURHAM HIGHWAY 2 NASH ROAD y, BLOCK 7 S O BLACKCREEK TR O ae - BUCK 5.53 GREEK g UNIT A LMT 9 UNR C UNR 0 UMT E UMR f UMf 0 UN M UMT 1 JP90P0 ON Ml U67 OWN OU ES r- rh- 1 DURHAM HIGHWAY 2 h w W 'I O V U ! / ? AVENUE � STIFLING = e 9 , I r STRATHALLAN DRIVE A o 2.0 — T T — — STEPHEN AVENUE 111 U 1 A I LO I LOT 2 L07 3 rw CK 9 S c-C rl »hErne k;_ .1 -2001-002 /� �° i _ Draft Plan of Subdivision UN03 TO I E ONIED 1 IIAPPXATION LO 139/2 W, Subject Lands - - '-- — — — — — — — X ¢cot.mnwR TO K REUDVED } KENNEDY DRIVE 1 W > Owner: Maria Wulczyn and First Tech 0 ,s;,, . 1 Z I Mechanical Systems Inc. D Ix � v N I 1 n Y I Percy and Marie Napper 00 I I ^I ° O 3 cp m o � Attachment 2 To Report PSD-009-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to authorize entering into an Agreement with the Owner(s) of Plan of Subdivision S-C-2001-002, any Mortgagee who has an interest in the said Lands and the Municipality of Clarington in respect of S-C-2001-002 WHEREAS the Owner(s) of Plan of Subdivision S-C-2001-002 is developing the lands south of Highway 2 and north of Kennedy Drive which requires a Subdivision Agreement; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an Agreement between the Owner of Draft Plan of Subdivision 18T-95001. 2. That the Mayor and the Clerk are hereby authorized to accept, on behalf of the Municipality of Clarington, the said conveyance 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, Municipal Clerk 863 • R REP O Leading the Wa Y ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 4, 2010 Resolution #: Report#: EGD-001-10 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2009. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-001-10 be received for information. Submitted by: Reviewed by: A- A Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC*RP*bb December 09, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-1824 901 REPORT NO.: EGD-001-10 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of NOVEMBER 2009, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF NOVEMBER 2009 2008 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2009-2008 Residential 36 $8,132,614 52 $10,729,904 -24.2% Industrial 0 $0 0 $0 N/A Government 1 $550,000 0 $0 N/A Commercial 4 $167,000 5 $621,705 -73.1% Institutional 0 $0. 1 $200,000 N/A Agricultural 2 $80,841 1 $29,000 178.8% Demolition 5 $0 2 $0 N/A TOTAL 48 $8,930,455 61 $11,580,609 -22.9% YEAR TO DATE 2009 2008 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2009-2008 Residential 464 $70,736,335 800 $147,080,922 -51.9% Industrial 4 $609,714 9 $22,800,851 -97.3% Government 1 $550,000 9 $3,459,800 -84.1% Commercial 46 $27,577,069 43 $6,715,212 310.7% Institutional 13 $14,247,760 11 $4,646,000 206.7% Agricultural 20 $7,715,975 21 $6,426,260 20.1% Demolition 32 $0 33 $0 N/A TOTAL 580 $121,436;853 926 $191,129,045 -36.5% 902 REPORT NO.: EGD-001-10 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner/Applicant Construction Type Location Value MUNICIPALITY OF CLARINGTON Interior Alterations for 2,440 HIGHWAY 2, BOWMANVILLE $550,000 Community Care Durham 903 REPORT NO.: EGD-001-10 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of"NOVEMBER" and "YEAR TO DATE". Dwelling Unit Type"NOVEMBER" 2009 Dwelling Unit Type"YEAR TO DATE 2009" 0 Apartment 10 0 0°/U 7 Apartment Townhous Townhous 4% 0% 3% 10 44 Semi• Semi- Detached Detached 179 37% 18% Single Detached 17 75% Single Detached 63% ®Single Detached ®Single Detached 179 ■SemiwDetached ■Semi•Detached 44 ®Townhouse ■Townhouse 7 RApartment CApartment 10 The following is a historical comparison of the building permits issued for the month of"NOVEMBER" and "YEAR TO DATE"for a three year period. Historical Data for Month of Historical Data "YEAR TO DATE" "NOVEMBER" $250,000,000 $30,000,000 $200,000,000 $25,000,000 $20,000,000 $150,000,000 $15,000,000 $100,000,000 $10,000,000 $50,000,000 $5,000,000 $0 $0 2009 2008 2007 2009 2008 2007 oValue $8,930,455 $11,580,609 $28,397,313 ©Value $121,434,85 $191,129,04 $184,520,13 904 REPORT NO.: EGD-001-10 PAGE 5 PERMIT REVENUES 2009 2008 November Year to Date November Year to Date PERMIT FEES $58,417 $824,177 $82,405 $1,259,209 INSPECTION SERVICES 2009 2008 November Year to Date November Year to Date Building Inspections 335 4,741 448 5,002 Plumbing&Heating Inspections 442 5,539 553 5,908 Pool Enclosure Inspections 6 60 5 82 TOTAL 783 10,340 1,006 10,992 NUMBER OF NEW RESIDENTIAL UNITS 2009 2008 November Year to Date November Year to Date Single Detached 17 179 28 442 Semi-Detached 10 44 12 90 Townhouse 0 7 0 49 Apartments 0 10 1 5 TOTAL 27 240 41 586 905 REPORT NO.: EGD-001-10 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2009 (to end of 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 AREA November) Bowmanville 84 340 451 609 307 587 468 345 312 188 184 Courtice 104 134 82 126 241 173 180 133 129 231 296 Newcastle 15 60 77 84 202 191 123 131 76 110 78 Wilmot Creek 9 30 16 15 15 25 29 38 24 19 21 Orono 0 2 1 1 1 2 0 1 0 0 1 Darlington 6 10 6 7 14 15 13 17 47 102 31 Clarke 10 5 11 12 13 10 16 15 9 17 17 Burketon 0 0 0 0 1 1 1 1 0 1 0 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 2 0 0 1 1 1 0 2 5 7 6 Hampton 0 0 1 1 0 0 0 1 1 1 2 Haydon 0 0 0 0 0 0 0 0 0 0 1 Kendal 1 0 1 0 0 1 0 3 2 0 1 Kirby 0 0 0 0 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 1 0 0 1 Maple Grove 0 0 0 0 0 0 1 0 0 0 0 Mitchell Corners 0 0 1 0 0 1 0 0 0 0 0 Newtonville 5 7 2 2 4 5 3 3 0 3 1 Solina 4 0 6 3 3 3 3 1 1 0 0 Tyrone 0 5 0 0 0 0 3 9 3 0 0 TOTALS 240 593 655 861 802 1,015 843 701 609 679 640 906 Clarinaton Leading the Way -REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITEE Date: Monday January 4, 2010 Resolution #: Report #: EGD-002-10 File #: By-law #: Subject: NEW MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPALITY OF CLARINGTON AND VALLEYS 2000 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-002-10 be received; 2. THAT the New Memorandum of Understanding between Valleys 2000 and the Municipality of Clarington be APPROVED; 3. THAT a By-law be passed to authorize the Mayor and Municipal Clerk to execute the New Memorandum of Understanding on behalf of the Municipality of Clarington; 4. THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's decision. Respectfully by, Y Z3� Submitted by: A.S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/dv December 18, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 907 REPORT NO.: EGD-002-10 PAGE 2 1.0 BACKGROUND 1.1 Valleys 2000 (Bowmanville) Inc., generally referred to as Valleys 2000, is a community-based organization comprised of volunteers, who share a vision of developing trails, recreational amenities and environmental enhancements within the Bowmanville and Soper Creek Valleys. Since 1999 the Project has focused on trail construction, planting, education of stakeholders about Valleys 2000 and land acquisition. 1.2 Valleys 2000 is an incorporated non-profit, charitable organization, carrying liability insurance and performing fundraising in addition to carrying out volunteer works. 1.3 In December 1998, Council supported the initiative and agreed to assist in developing the Project. In April 1999, Council approved a Memorandum of Understanding (MOU) between the Municipality of Clarington and Valleys 2000. Council approved a new MOU in December 2004 which expires on December 31, 2009. The MOU details the responsibilities of each party in implementing the Project. Valleys 2000 and the Municipality have carried out the responsibilities that they each assumed in the MOU. 2.0 FUNDRAISING 2.1 Valleys 2000 has applied for and received funding from various sources for trail improvements, bank protection/restoration, pond construction, engineering and design works. In addition, Valleys 2000 has received many donations of in-kind labour and materials to assist in the construction of works. Volunteer works have been carried out by the Valleys 2000 Board, Courtice Secondary School, St. Mary's Cement, St. Stephens Secondary School and others under the direction of Valleys 2000. Valleys 2000 has also been the catalyst behind the funding supplied by MNR for improvements to their properties, the Goodyear lands and CLOCA lands for improved fish habitat works. Rev. Lockhart will be providing a more detailed accounting of the monies that Valley 2000 has raised as part of his annual report to the Committee. 908 REPORT NO.: EGD-002-10 PAGE 3 3.0 MEMORANDUM OF UNDERSTANDING 3.1 The Memorandum of Understanding (MOU) between the Municipality and Valleys 2000 articulated the partnership and each parties' responsibilities including liability, safety, fund raising, public relations and ongoing maintenance. The MOU had a sunset date of December 31St, 2009 at which time the remaining assets of Valleys 2000 would be turned over to the Municipality for designated use on the Project or to charities as per Valleys 2000 Letters of Incorporation; alternatively the MOU could be extended. 3.2 At this time, Valleys 2000 would like to extend the MOU for another five years so that they can continue to implement works in the Bowmanville and Soper Creek Valleys. The New Memorandum of Understanding (Attachment 1) uses the same principles as the previous MOU. The working relationship as outlined in the initial Memorandum of Understanding has been in practice for ten years and has worked very well for both Valleys 2000 and the Municipality. 3.3 The New Memorandum of Understanding has been reviewed by the Municipality's Solicitor, Director of Finance, and the Valleys 2000 Board of Directors. 4.0 CONCLUSION The Valleys 2000 Project is an exciting partnership and development for the Municipality of Clarington. The New Memorandum of Understanding defines the roles and responsibilities for Valleys 2000 and the Municipality. To date they have functioned very well and it is the recommendation of staff that the New Memorandum of Understanding extending the relationship between the Municipality and Valleys 2000 for another five years, be approved. Attachments: Attachment 1 - By-law Attachment 2 - New Memorandum of Understanding 909 ATTACHMENT NO.: 1 REPORT NO.: EGD-002-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a By-law to authorize the execution of the New Memorandum of Understanding between the Corporation of the Municipality of Clarington and Valleys 2000(Bowmanville) Inc . WHEREAS at its meeting of January 11, 2010, the Council of the Corporation of the Municipality of Clarington adopted the recommendation contained in Report EGD-002-10; NOW THEREFORE BE IT RESOLVED THAT,the Council of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Municipality of Clarington the New Memorandum of Understanding between the Corporation of the Municipality of Clarington and Valley 2000 (Bowmanville) Inc. BY-LAW read a first and second time this XXth day of XXXXX, 2010. BY-LAW read a third time and finally passed this XXth day of XXXXX, 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 910 ATTACHMENT NO.: 2 REPORT NO.: EGD-002-10 NEW MEMORANDUM OF UNDERSTANDING Made as of this 11th day of January, 2010 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called "the Municipality") OF THE FIRST PART and VALLEYS 2000 (BOWMANVILLE) INC. (hereinafter called "Valleys 2000") OF THE SECOND PART WHEREAS a number of community groups and interested citizens have joined together to form Valleys 2000; AND WHEREAS Valleys 2000 was incorporated as a charitable corporation and has received charitable status under the Income Tax Act. AND WHEREAS Valleys 2000 will protect or enhance the environmentally sensitive features of the Bowmanville Creek Valley and Soper Creek Valley in any works it undertakes; AND WHEREAS Valleys 2000 has initiated a fund raising campaign for funds necessary for this project; AND WHEREAS the Council of the Municipality has heartily endorsed the Project; AND WHEREAS a Memorandum of Understanding dated December 13, 2004 was executed by the Municipality with certain persons as trustees for Valleys 2000, section 9.1 of the Memorandum of Understanding provides that it is to expire on December 31, 2009; AND WHEREAS the parties have agreed to execute this New Memorandum of Understanding; NOW THEREFORE in consideration of the premises the Municipality and Valleys 2000 have agreed to enter into this New Memorandum of Understanding. 1.0 Definitions In this new Memorandum of Understanding (i) "Conceptual Plan" has the meaning assigned to it in Paragraph 2.3. (ii) "Contractor Works" means works undertaken by the municipality pursuant to paragraph 4.2 in order to implement part of the Project. (iii) "Project Limits" means the areas in the Bowmanville Creek Valley and Soper Creek Valley defined on Schedule A. (iv) "Project" means the development, enhancement, promotion and preservation of trails, river bank improvements, fish and wildlife habitat and special natural areas along parts of the Bowmanville and Soper Creeks 911 MEMORANDUM OF UNDERSTANDING leading to Lake Ontario for the recreation, benefit and enjoyment of the community. (v) "Valleys 2000" means Valleys 2000(Bowmanville) Inc. (vi) "Volunteer Works" means works which comprise part of the Project may be undertaken and completed by volunteers working for or on behalf of Valleys 2000("Volunteer Works"), provided that: a) Any volunteer working for or on behalf of Valleys 2000 will not be a full- or part-time employee of The Municipality of Clarington and will not have or enjoy any of the rights and privileges of a full-time or part-time employee of The Municipality of Clarington; b) Valleys 2000 provides safety equipment and training to all volunteers and complies with all applicable legislation, regulations and by-laws; c) Valleys 2000 provides first aid and communications equipment and written safety procedures manual that is appropriate in the opinion of The Municipality of Clarington's Director of Operations for use in any activity in which volunteers construct or install Volunteer Works, maintain or repair any one or more portions of the Premises; d) All buildings, structures, equipment, trails and other infrastructure shall be constructed and installed in compliance with The Municipality of Clarington's standards at the time of construction or installation, in compliance with Canadian Standards Association standards, and in compliance with all applicable safety standards; and e) All costs incurred by Valleys 2000 for volunteers and for Volunteer Works are paid by Valleys 2000 from its own funds. 2.0 Conceptual Plan 2.1 An open space conceptual plan was prepared to identify the long-term plan and the implementation steps over a number of phases for the Bowmanville Valley portion of the Project. The conceptual plan identified implementation works to be undertaken by volunteers and the implementation works to be undertaken by contractors. 2.2 The parties acknowledge that in February 2000, Valleys 2000 approved the conceptual plan for portions of the Bowmanville Creek Valley prepared by Schollen + Company. The Municipality's Council approved it at its meeting on February 14, 2000 by Councils approval of the recommendation contained in Resolution#GPA-58-00 ("Conceptual Plan"). 2.3 The Soper Creek portion of the Project was not part of the conceptual plan, or specifically described in the conceptual plan approved by Council on February 14, 2000. Valleys 2000 shall develop, enhance, promote and preserve trails, river bank improvements, fish and wildlife habitat and special natural areas along parts of the Soper Creek consistent with the Municipality's policies as the Soper Creek portion of the Project. (The combination of the Bowmanville Creek and Soper Creek portions of the Project are referred to in this New Memorandum of Understanding as the"Conceptual Plan"). 2.4 The parties agree that all Volunteer Works and Contractor Works shall be consistent with the intent of the Conceptual Plan as modified from time to time by the Municipality. 9122 MEMORANDUM OF UNDERSTANDING 3.0 Responsibilities of Valleys 2000 3.1 Valleys 2000 shall be responsible for the following: (i) Undertaking discussions for the transfer of lands and/or exclusive or non- exclusive easements in favour of the Municipality for public access to, and landscaping and construction of the Project. Valleys 2000 will use its best efforts to ensure that the lands or easement areas are transferred to the Municipality in a condition satisfactory to the Municipality's Director of Engineering Services and free and clear of all encumbrances; (ii) Undertaking a fund-raising program for the Project and collecting all funds including following up of any pledges, and issuing pre-numbered receipts for all monies received; (iii) Unless otherwise provided in this New Memorandum of Understanding, payment of expenses incurred by Valleys 2000 either related to the administration of Valleys 2000 or to the Project; (iv) Maintaining financial records in accordance with good accounting principles satisfactory to the Municipality's Auditor in accordance with Section 6; (v) Applying for, administering and reporting on all municipal, provincial and federal grants and/or other funding sources; (vi) Maintaining in effect general liability insurance in accordance with Section 7; (vii) Organizing, coordinating and supervising volunteer labour for the Volunteer Works part of the Project in accordance with Section 5. (viii) Ensuring all applicable safety standards and legislation are adhered to; and (ix) Organizing and coordinating all publicity and public relations related to the Project. 4.0 Responsibilities of the Municipality 4.1 The Municipality shall be responsible for the following: (i) Exclusively retaining consultants to prepare designs of Contractor Works and/or supervising the construction or installation of Contractor Works; (ii) Subject to written confirmation of available funding from Valleys 2000 to the satisfaction of the Treasurer and approval of the purchase of land by Council, arrange with landowners for the transfer of land and/or easements to the Municipality as necessary for the Project; (iii) Undertaking all legal costs associated with the transfers of land including land appraisals, surveys, the preparation and registration of land transfers and environmental audits; (iv) Without derogating from Section 2.2 ii) applying for relevant funding from provincial and federal government programs which are available to the Municipality; (v) Coordinating, designing, tendering and supervising any Contractor Works on behalf of Valleys 2000, subsequent to receipt of all funds from Valleys 2000 for a specified project; and 3 913 MEMORANDUM OF UNDERSTANDING (vi) Maintaining any approved Project works that have been completed during the inspection and guarantee period provided for in the construction contracts until the lands or easement areas on which the works are constructed are transferred to the municipality and accepted by the Municipality's Director of Engineering Services. (vii) Reimbursement of Valleys 2000 for the amount of the premium for the insurance referred to in paragraph 7.1 of this New Memorandum of Understanding. 4.2 Upon receipt from Valleys 2000 of one hundred (100%) per cent of either the funds required for Contractor Works which comprise parts of the Project as determined by The Municipality of Clarington's Director of Engineering Services, acting reasonably, or an unconditional and irrevocable Letter of Credit issued by a bank listed in Schedule 1 of the Bank Act, in a form and containing terms acceptable to The Municipality of Clarington's Director of Finance and Treasurer, acting reasonably, which secures payment of such funds by Valleys 2000, the Municipality of Clarington will prepare all necessary plans, drawings and specifications for the Contractor Works in question and shall retain an appropriate person to provide consulting, design and engineering services. The Municipality of Clarington shall call for the tender of bids ("Tender Call") to construct and install the Works. The Tender Call shall be made to persons whom The Municipality of Clarington's Director of Engineering Services considers to be experienced, qualified and with sufficient resources to undertake and complete such Contractor Works, provided that the Tender Call shall not include consulting, design and engineering services respecting the Contractor Works. A Tender Call shall not be made unless Valleys 2000 has approved the design and specifications for the Contractor Works in question in writing. Notwithstanding the foregoing, Valleys 2000 will remit to The Municipality of Clarington the funds paid to Valleys 2000 by a funding agency of government or any private person for consulting, design and engineering services respecting Contract Works forthwith after they are received by Valleys 2000 and The Municipality of Clarington covenants to use such funds for such purposes only. The Contractor Works shall be undertaken in accordance with The Municipality of Clarington's standard practices at that time and completed to the satisfaction of The Municipality of Clarington's Director of Engineering Services. 4.3 During the construction, installation and maintenance of Contractor Works, The Municipality of Clarington's Director of Engineering Services may give written notice to Valleys 2000 requiring that the Premises or identified parts thereof be closed to Valleys 2000, Valleys 2000 volunteers and members of the public for the reason and for the period specified in the notice. Valleys 2000 shall comply with each notice forthwith after it is given by The Municipality of Clarington to Valleys 2000. 5.0 Project Management 5.1 A Project Work Team shall be established which will include members from the Municipality's staff and members of Valleys 2000 to coordinate the Project. The Project Work Team shall be responsible for the following: • Managing the work program to implement the Conceptual Plan; • Negotiating the purchase and/or easements for the lands required; and • Coordinating an implementation schedule of all works. 5.2 The Project Work Team shall report to Valleys 2000 and to the Municipality's Council. 9144 MEMORANDUM OF UNDERSTANDING 6.0 Financial Records 6.1 Valleys 2000 shall maintain, in accordance with good accounting principles satisfactory to the Municipality's Auditor, proper bank accounts and records for all funds received and disbursed by Valleys 2000, and all bookkeeping and accounting systems and supporting vouchers and documentations. 6.2 Valleys 2000 shall serially record all receipts and revenues and all disbursements for each financial year and will use serial, pre-numbered receipts for all donations collected. 6.3 No later than March 31st each year, Valleys 2000 shall file with the Municipality's Treasurer, a report from a qualified accountant for all expenditures, receipts and their financial status. Council may request an auditor's report at any point in time to be paid for by the Municipality and in such a case, Valleys 2000 will provide the auditor with immediate access to all records and persons he/she requires to fulfill the Report. 7.0 Indemnity and Insurance 7.1 Valleys 2000 will undertake to obtain comprehensive general liability insurance satisfactory to the Treasurer, in the amount of Five Million Dollars ($5,000,000.00) naming the Municipality as additional insured. A copy of the insurance certificate shall be filed with the Municipality. 7.2 Valleys 2000 is responsible for any claims related to the trail or any other enhancements which are built or constructed by volunteers until such time as it has been assumed by the Municipality. A Release, Waiver and Indemnity must be completed and returned to the Municipality prior to any use or undertaking of any works in the Bowmanville Valley and Soper Creek Valley. 8.0 General 8.1 This New Memorandum of Understanding comes into force and is binding on the parties on January 11, 2010, on which date the Memorandum of Understanding dated December 13, 2004 ceases to have any force or effect, provided that if on January 11, 2010 Valleys 2000 is in breach of any of the provisions of the Memorandum of Understanding dated December 13, 2004 such breach shall be deemed to be a breach of the provisions of this New Memorandum of Understanding. 8.2 This Memorandum of Understanding expires on December 31st, 2014, on which date Valleys 2000 will transfer any remaining assets and funds to the Municipality for designated use in the Project or to charities as per Valleys 2000 Letters of Incorporation. 8.3 This New Memorandum of Understanding may be amended or extended by a further Memorandum of Understanding. 8.4 Valleys 2000 will not assume any debt or long-term liabilities and will not commit the Municipality to pay any debt without the express written consent of the Municipal Council. 8.5 Prior to December 315t, 2014, the Municipality and Valleys 2000 shall prepare and agree upon a Schedule of Works determining how the balance of assets and unexpended funds of Valleys 2000 are to be used. 8.6 If there should be any dispute(s) regarding the terms and conditions of this New Memorandum of Understanding, such dispute(s) shall be referred to a single arbitrator agreeable to the parties under the Ontario Arbitrations Act for decision and resolution. 9155 MEMORANDUM OF UNDERSTANDING 9.0 Notice 9.1 If any notice or other document is required to be or may be given between the Municipality and Valleys 2000, such notice shall be transmitted by telefax, mailed by first class prepaid post or delivered to: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Director of Engineering Services If by telecopier: (905)623-0830 Valleys 2000 (Bowmanville) Inc. 38 King Street West Bowmanville, Ontario L1C 3K8 Attention: Secretary If by telecopier: (905)623-8336 IN WITNESS WHEREOF the Parties hereto have executed this New Memorandum of Understanding as of the date above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk We have authority to bind the corporation SIGNING OFFICER FOR VALLEYS 2000— (BOWMANVILLE) INC. Frank Wallace Lockhart, Chair Harold Hammond, Director We have authority to bind the corporation 6 916 SCHEDULE "A" Valleys 2000 Project Limits - Q. cl -- / �`REIN I �llll� 14_-��-114----!!�� ,jTIT rt L1L�li I „1 LLLJ 4.1 II-RINIEGITE -- N G ' rT�^I Imo, 11 T�/ >CRESCENT I T CT 90 TIP FZI- — k 11411 � � 1 �75�TS4��: NEL60N ST FEAF \1/r T l'� � It CFA--NE�CTIR�C.E STREET CRESCENT SPRY AVENUE AVENUE _ R ��TI 71 iHT 1 _ ,R \ I DRIVE - l p `_, �RUTN S O0.1vE -f�-- NEST ANry STREET BE DRIVE LO -� q sTI11E�IT7I �f ITI'T (1.11!1 I IT,I ff 111 j lT a - BASELINE RDAD WEST NE ROAD WEST BASELINE ROAD WEST �- ^-'I BASEL NE ROAD WEST BASE L Bowmanville Creek Valley Lands Owned/Leased by the Municipality of Clarington Lands Owned by Municipality of Clarington ® Lands Owned by CLOC, leased by Municipality of Clarington Lands Owned by Goodyear, leased by Municipality of Clarington 917 SCHEDULE "A" Valleys 2000 Project Limits E * I �- CIA ST CT I ` l-� —LIPI KING STREET EAST ) W li°� LNG STR�eTegsT \ ` HOBBS DRIVE T \ ASHDALE CRESCENT T I PRINCE STREET Ir Z ? (' ZY DEERPARK CRESCENT _ hF l r ! T- fro JANE STREET -- I-�— � � --J Cr Nr== -� � - -� L --1 DEERPARK CRESCENT `S LLLL rP.AK.AY HOBBS DRIVEE AN A IVE ' �T� SOPER OURT LL CRESCENT I .._I PARKWAY AVENUE -"�-- ----------'— MUTTON COURT PARKWAY ORES ¢ rcl I SIMPSON AV t� BASELINE ROAD EAST _ BASELINE ROAD EAST I_--_- �---�ol� ¢ N i 40 E ROAD HI Soper Creek Valley Lands Owned by the Municipality of Clarington Lands Owned by Municipality of Clarington 918 SCHEDULE "A" Valleys 2000 Project Limits III ar STEVnEP! \ I /�- 1 WILNY EOV'�� I :i11 I OTTlOALE ORNE ' .\ y \ w^— aC � 9vPULEW000 CRFlCEM I, Z mAOOER VLAGE / 1{' "MEN PLACE UWl�NO auTTOn vLACE ERE / :RE ..ErREET RACWE = I I I ERRUCEWOOD CRE lCEM _` O 4 _ _ I F'e I J$ p [� RRPLE lLOEt� BDULFVARO :tj I � � O 14- r.=:.ice a-LU�.� - 11ll.1.LL.LL 'Ali:1\1\ Y LowP�E CwRT uC EPR -�-�-�-� F mI 9 tLECR T m M/f GUhDW000 DRNE µi 1 ��- NCElE TREETEA1T _ EIrfEETER!Q LRUOFAU OWVE _ W I I to 8 OOD CREE OPa CT 1LLy OR CT IR nW li Y F Cli � I R ID.DS I I I a DowRwAU OP PUOFAU GRILE .L: IETCnER. TAI / LRRRYFIE , T—'-1 pCpEtA00. N T II T - i1 g�q � \ Ij/�u1E — --- o Soper Creek Valley Lands Owned by the Municipality of Clarington Im Lands Owned by Municipality of Clarington 919 Clarinaton Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday January 4, 2010 Resolution #: Report#: EGD-003-10 File #: D.01.35.001 By-law #: Subject: ROBINSON RIDGE SUBDIVISION PHASE 4, COURTICE, PLAN 40M-22599 `CERTIFICATE OF ACCEPTANCE', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-003-10 be received; and 2. 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-2259. Submitted by: Reviewed by. Jr7q Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/NAC/jo December 14, 2009 920 REPORT NO.: EGD-003-10 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered August 5, 1998, with Robinson Ridge Developments Inc., to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-2259 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. This Subdivision Agreement was subsequently taken over by 2001544 Ontario Limited, being a successor to the original Owner. 1.2 The Subdivision Agreement provides for the separation of the Works into several key stages for this phase: a) Initial Works; b) Final Works; and c) Street Lighting System 1.3 The Initial Works and Street Lighting System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated June 1, 2008. This initiated a one (1) year maintenance period, which expired on June 1, 2009. The Works were re-inspected at that time and, although the developer experienced delays in completing the required repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 921 REPORT NO.: EGD-003-10 PAGE 3 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. There are no road assumption by-laws associated with this phase of the subdivision. Attachments: Attachment 1 - Key Map 922 V M Robinson Ridge Subdivision 3 Phase 4 Plan 40M-2259 � C Gord Vinsoa n Avenue .�•L C LL Kilgannon Avenue -TTT-F d �L L V LGord VinsonAve BI St ERE = �� S Rom ffmNp Ep �- -- c�E DRAWN BY: E.L. DATE: December 15,2009 40 -"" ---- o \ r REPORT EGD-003-10 - Tr„ COURTICE KEY MAP ATTACHMENT NO. 1 � a� S ! G:Wttachments\40M-���mxd Ic�r1I1 n Leading the Way REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 4, 2010 Resolution #: Report#: ESD-001-10 File # By-law# Subject: MONTHLY RESPONSE REPORT — NOVEMBER 2009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-001-10 be received for information. Submitted by: Reviewed by: Gordon Weir, AMCT, CMM111 Franklin Wu, Director Emergency & Fire Services Chief Administrative Officer GW/tw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F905)623-6506 1101 REPORT NO: ESD-001-10 PAGE 2 1.0 BACKGROUND 1.1 This report covers the month of November and is intended to provide Council with relevant, timely information on the activity of the Emergency and Fire Services Department. 2.0 COMMENT 2.1 The Department responded to 250 calls during this period and recorded total fire losses of$81,900.00. A breakdown of calls responded to follows in the attached table (Attachment #1). Attachment#2 is an explanation of the different types of responses. Attachment#1: Activity Report Attachment #2: Description of Types of Responses 1102 Attachment #1 to ESD-001-10 CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT REPORT PERIOD: NOVEMBER 1, 2009 00:00:00hrs - NOVEMBER 30, 2009 23:59:59hrs RESPONSE TYPE REPORT FIRE STATIONS 2009 2008 RESPONSE STATION STATION STATION STATION STATION THIS TO TO SAME TO TYPE 1 2 3 4 5 PERIOD DATE DATE% PERIOD DATE FIRES/ 4 0 1 3 1 9 165 5.4% 5 135 EXPLOSIONS OVERPRESSURE RUPTURE 0 0 0 0 0 0 4 0.1% 0 2 EXPLOSIONS PRE FIRE CONDITIONS 3 0 0 1 0 4 53 1.7% 0 38 BURNING (controlled) 3 1 1 2 0 7 86 2.8% 5 103 FALSE FIRE 13 2 1 4 0 20 360 11.8% 22 380 CALLS CO FALSE 4 3 2 4 1 14 199 6.5% 22 230 CALLS PUBLIC HAZARD 3 0 0 4 0 7 130 4.3% 7 112 CALLS RESCUE CALLS 11 1 3 5 2 22 355 11.6% 28 403 MEDICAL CALLS 86 12 13 37 3 151 1537 50.4% 139 1497 RESPONSES 9 5 0 2 0 16 161 5.3% 19 261 TOTALS THIS PERIOD 136 24 21 62 7 250 TO DATE 1556 369 200 805 120 3050 THIS PERIOD 131 33 18 58 7 247 LAST YEAR TO DATE LAST 1677 385 192 773 134 3161 YEAR 1103 DOLLAR LOSS REPORT THIS PERIOD $81,900 2009 TO DATE $2,443,700 THIS PERIOD $35,000 2008 TO DATE $9,021,200 APPARATUS RESPONSE REPORT FOR THIS PERIOD STATION 1 PUMPER SCAT PUMPER TANKER UTILITY AERIAL RESCUE 1 1 11 1 1 1 1 THIS PERIOD 217 145 58 6 0 0 4 4 TO DATE 3119 1766 1046 128 23 17 84 55 STATION 2 PUMPER TANKER 2 2 THIS PERIOD 18 17 1 TO DATE 477 392 85 STATION 3 PUMPER TANKER UTILITY ATV 3 3 3 THIS PERIOD 23 19 3 1 0 TO DATE 310 227 66 13 4 STATION 4 PUMPER PUMPER TANKER Aerial 4 44 4 4 THIS PERIOD 105 95 8 0 2 TO DATE 1407 1270 95 27 15 STATION 5 PUMPER TANKER 5 5 THIS PERIOD 5 5 0 TO DATE 168 128 40 368 TOTAL VEHICLE MOVEMENTS FOR THIS PERIOD 5119 TOTAL VEHICLE MOVEMENTS TO DATE -2009 1104 Attachment #2 to ESD-001-10 DESCRIPTION OF TYPES OF RESPONSES Fires and Explosions: Instance of destructive and uncontrolled burning involving structures, vehicles and open area fires, including explosion of combustible solids, liquids or gases which may or may not have resulted in a dollar loss.. Overpressure Rupture/Explosion: An explosion or rupture as a result of pressure, no fire. Pre Fire Conditions: Incidents with no fire that involve heat or potential pre fire conditions e.g. pot on stove, cooking — smoke or steam, lightning, fireworks. Burning (controlled): Complaint call related to outdoor controlled burning, authorized or unauthorized. Fire Department did not take suppression action. False Fire Calls: Alarm activation or fire call that when investigated, is determined to be as a result of equipment failure, malicious/prank, perceived emergency, accidental activation of alarm by person CO (carbon monoxide) False Calls: A call where it is determined that the detection equipment malfunctioned or there was a perceived emergency— no CO leak Public Hazard Calls: Includes a response for spills and leaks of a hazardous product such as natural Gas, Propane, Refrigerant, Miscellaneous/Unknown, Gasoline or Fuel, Toxic Chemical, Radio—active Material, Power Lines Down, Arcing, Bomb, Explosive Removal, Standby, CO (carbon monoxide) or Other Public Hazard. Rescue Calls: A call for a person in danger due to their proximity to the occurrence and who is unable to self evacuate and is assisted by Fire Department personnel i.e. Vehicle Accident, Building Collapse, Commercial/Industrial Accident, Home/Residential Accident, Persons Trapped in Elevator, Water Rescue, or Water/Ice Rescue. Medical/Resuscitator Call: Includes a response to a patient(s) suffering from Asphyxia, Respiratory Condition, Convulsions, Epileptic, Diabetic Seizure, Electric Shock, Traumatic Shock, Heart Attack, Stroke, Drug Related, Alcohol Related, Cuts, Abrasions, Fracture, Burns, Person Fainted, Nausea and pre-hospital care such as administering oxygen, CPR, defibrillation, or first aid Other Response: Assistance to other Fire Departments, call cancelled on route, non fire incidents where an illegal grow operation or drug operation was discovered 1105 Qe1, ading • RE P O R T the +(q CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 4, 2010 Report #: CLD-001-10 File #: By-law #: Subject: SALE OF FIREWORKS — PERFECT PARTY PLACE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-001-10 be received; 2. THAT the request of Mike and Carmen Gazo, Owners, Perfect Party Inc. to sell fireworks year round, be denied; and 3. THAT Mike and Carmen Gazo be advised and forwarded a copy of Report CLD-001-01. Submitted by: Patti.L- CMO Reviewed by: Franklin Wu, Municipal Clerk Chief Administrative Officer Gordon Weir, AMCT, CMM 111 Director, Emergency & Fire Services PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1301 REPORT NO.:CLD-001-10 Page 2 of 3 1.0 BACKGROUND At the Council meeting held on December 14, 2009, Council referred correspondence from Mike and Carmen Gazo, Perfect Party Place, to the Director of Emergency and Fire Services and to the Municipal Clerk. Mr. and Mrs. Gazo are requesting to sell fireworks year round in their store located at 205 King Street East, Bowmanville. By-law 92-160 restricts the sell of fireworks to the five day period immediately preceding the day for the observance of Victoria Day and Canada, on Victoria Day, and on Canada Day. 2.0 EMERGENCY SERVICES COMMENTS The Emergency Services Department does not feel comfortable with allowing fireworks to be available for sale throughout the year. There are too many needless injuries, especially with children through the misuse of consumer fireworks. There is the problem of fireworks being mistakenly sold to minors and the storage of fireworks adds to the fire hazard of a building. Many fire officials and fire safety organizations feel that sale of consumer fireworks should be completely banned and families be encouraged to attend firework events run by professionals. Clarington Emergency Services agrees with this stance. 3.0 MUNICIPAL LAW ENFORCEMENT COMMENTS By-law 92-160 only allows for fireworks to be set off in the municipality during the five day period immediately preceding the day set for the observance of Victoria Day and Canada Day, and on Victoria Day and Canada Day. Should Perfect Party Place be permitted to sell fireworks year-round, any fireworks purchased would have to be stored until these dates. If consumers are purchasing the fireworks outside of these allowable times, it may lead to confusion as to the 1302 REPORT NO.:CLD-001-10 Page 3 of 3 requirement in the by-law for the specific times of setting off the fireworks. For these reasons, the Municipal Law Enforcement Division does not support the request for year-round sales. 4.0 RECOMMENDATIONS Based on the comments and concerns of the Emergency Services Department and the Municipal Law Enforcement Division, it is respectfully recommended that the request of Mike and Carmen Gazo, Perfect Party Place, to sell fireworks year-round in their store located at 205 King Street East, Bowmanville, be denied. Interested parties to be advised of Council's decision: Mr. and Mrs. M. Gazo Owners Perfect Party Inc. 1303 • Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 4, 2010 Resolution #: Report#: COD-001-10 File#: By-law#: N/A Subject: Q2009-33, One (1) Culvert Steamer with Tandem Axle Road Trailer Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-001-10 be received; 2. THAT Intersteam Technologies, Hamilton, Ontario, with a total bid in the amount of $24,449.04 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Quotation Q2009-33, be awarded the contract to supply One (1) Culvert Steamer with Tandem Axle Road Trailer, as required by the Municipality of Clarington, Operations Department; and 3. THAT the funds required in the amount of$24,449.04 (plus G.S.T.), be drawn from 2009 Capital Budget account number 110-36-388-83643-7401. Submitted by Reviewed by: ne Marano, H.B.Sc., C M.O. Franklin Wu, Dir or of Corporate rvic Chief Administrative Officer ancy Tayl r, B. A. Director of Finance reasurer M M/J B/B H/km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-3330 1 401 REPORT NO.: COD-001-10 PAGE 2 1. BACKGROUND AND COMMENT 1.1. Quotation Q2009-33 was issued for the supply and delivery of one (1) Culvert Steamer with Tandem Axle Road Trailer. The quotation was advertised and issued with bids being received as per Schedule "A" attached. 2. ANALYSIS 2.1 Representatives from the Operations Department and Purchasing met to discuss the bid submissions and specifications. 2.2 The bid received from Clean Ontario did not meet the specifications. The unit quoted is a heavy duty pressure washer and does not meet the minimum requirements for the gallons per minute (GPM) and British thermal unit (BTU). 2.3 The bid received from BBS Equipment Sales was non-responsive, the specification for a trigger type, insulated pistol grip shut off gun Y2" x 100' steam hose and steam nozzle with quick disconnect fittings was not confirmed. 2.4 On review of the bids it was determined that the compliant low bidder Intersteam Technologies, Hamilton, Ontario met the specifications. Therefore, the recommendation is to award the contract to Intersteam Technologies, Hamilton, Ontario. 3. FINANCIAL IMPLICATIONS 3.1. The 2009 Capital Budget Account#110-36-388-83643-7401 allocated $23,000.00 for the culvert steamer. The actual cost of$24,449.04 to complete the purchase exceeds the budget estimate by $1,449.04. As per the Purchasing By-law 2006-127, Section 15.06 Reports to Designated Official, Committee or Council, "Where the bid made by the lowest responsive and responsible bidder is not accepted, or where the lowest and responsible bid exceeds the approved budget allocation, the Purchasing Manager shall, in consultation with the appropriate Designated Official of the requesting Department, submit a report to the Committee and/or Council providing a list of written Quotations received with recommendations for award of the Contract." 1402 REPORT NO.: COD-001-10 PAGE 3 3.2. The additional funds ($1,449.04) required to complete this purchase are available in account 110-36-388-83643-7401 as a result of previous purchases being below original estimates. 3.3 The purchase of one (1) Culvert Steamer with Tandem Axle Road Trailer is a new equipment purchase for the Operations Department. 4. CONCLUSION 4.1 To award the contract to Intersteam Technologies, Hamilton, Ontario for one (1) Culvert Steamer with Tandem Axle Road Trailer, being the low bid meeting all terms, conditions and specifications of Quotation Q2009-33 as required by the Operations Department. 5. ' INPUT FROM OTHER SOURCES 5.1. This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows: Concurrence: Operations Co-Ordinator Attachments: Attachment 1 — Schedule "A", Bid Summary 1403 I s Leading the Way REPORT CORPORATE SERVICES DEPARTMENT SCHEDULE "A" BID SUMMARY Q2009-33 ONE (1) CULVERT STEAMER WITH TANDEM AXLE ROAD TRAILER BIDDER TOTAL BID (Excluding GST Intersteam Technologies $24,449.04 Hamilton, ON Clean Ontario $17,606.16* Kingston, ON Clean Ontario $18,038.16* Kingston, ON BBS Equipment Sales $19,185.12** Plattsville, ON **does not met specifications *non-responsive bid, specification details incomplete 1404 L►►�►�;irin�Ontario REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY JANUARY 4th, 2010 Resolution #: Report #: FND-001-10 File #: By-law #: Subject: REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS — NOVEMBER 2009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-001-10 be received for information. I If Submitted by: / Reviewed by: Nancy Tprylo , B. A., C.A., Franklin Wu, Director of Finance/Treasurer/Treasurer Chief Administrative Officer. NTIJW/LG/hjl 1 501 REPORT NO.: FND-001-10 PAGE 2 1.0 BACKGROUND: 1.1 At the meeting held on January 12, 2009, Council requested staff to provide by department on a monthly reporting basis a report to Council on the variable growth related revenue and the variable economic related revenues which could have an adverse effect on achieving the 2009 municipal capital and current budget. 2.0 CURRENT: 2.1 This report is for the month of November 2009 including the year-to-date amounts along with prior year's amounts for comparison. This report incorporates the amendments made to the 2009 budget through Report CAO-004-09 approved August 31, 2009. 2.2 This report will look at the Building Division's revenues of the Engineering Services department such as municipal development charges and building permit fees revenue paid, the total of Planning Services Department's revenues such as site plans, rezoning, condominium application fees and subdivision applications fees revenues. 2.3 The revenue amounts reported monthly in this report are reflected in the municipality's general ledger when paid to the municipality, ie. on a cash basis. There will be some differences between this report and the monthly Report on Building Permit Activity from Engineering Department due to this timing difference. 3.0 ENGINEERING SERVICES — BUILDING DIVISION REVENUE STATUS MUNICIPAL DEVELOPMENT CHARGES MONTH OF NOVEMBER 2009 2008 MUNICIPAL NUMBER MUNICIPAL NUMBER %CHANGE OF UNITTYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2009-2008 Single/Semi- Detached -New construction $ 435,630.00 30 $ 534,300.00 42 -Additions $ - 0 $ - 0 Townhouse $ - 0 $ - 0 Apartment $ - 0 $ - 0 Commercial $ - 0 $ - 0 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 0 $ - 0 Industrial $ - 0 $ - 0 TOTAL $ 435,630.00 30 $ 534,300.00 42 -18.5% 1502 REPORT NO.: FND-001-10 PAGE 4 4.2 For the month of November 2009, $98,683 was paid for building permit fees which represents 197.4% of the 2009 monthly budget (monthly revised budget is $50,000). For comparison purposes, for November 2008, $47,516 was paid for building permit fees which represented 38% of the 2008 monthly budget (monthly budget was $125,000). BUILDING PERMIT FEES PER MONTH $500,000 ---- $400,000 -- - $300,000 -- ---- $200,000 $100,000 $0 -- ,a�JatJ a�`JacA C�0 eAS' 2007 Actual 2008 Actual --2009 Actual 2009 Budget Revised 4.3 The following line graph illustrates the building permit fees on an accumulated monthly basis for the years 2007, 2008 and year-to-date with the 2009 YTD revised budget. The line for December 2009 is flat lined as the revenues have not been received. This line graph also illustrates that 2007 year had the highest permit fees revenue. The total building permit fees revenues were as follows for the years: 2007 - $1,685,290; 2008 - $1,348,198; and as at November 2009 - $763,178. For comparison purposes, the 2007 permit fees of$1,685,290 was 112% of the 2007 annual budget of$1,500,000; the 2008 permit fees of$1,348,198 was 90% of the 2008 annual budget of $1,500,000 and as of November 30, 2009 permit fees of$763,178 is 127.2% of 2009 revised annual budget of $600,000. BUILDING PERMIT FEES CUMULATIVE YTD $2,000,000 ------- _ - ---- - $1,500,000 --- $1,000,000 $500,000 -- — --- $0 - >a�JatJ z'O 4A aO��Ooet F P 5a�� �o O� 2007 YTD Actual 2008 YTD Actual 2009 YTD Actual 2009 YTD Budget Revised _— 1504 REPORT NO.: FND-001-10 PAGE 5 5.0 PLANNING SERVICES REVENUE STATUS 5.1 Planning Services individual revenue sources have been consolidated. Planning Services revenues include Official Plan amendment fees, rezoning fees, site plan fees, subdivision application fees and subdivision/consent application fees. Planning fees do not reflect full cost recovery rates in contrast to those done under Building Fee Legislation. They have been consolidated since the sum total of fees is the key revenue number and individual types of application are difficult to predict. 5.2 The graph below illustrates the monthly revenue and revised budget for November. PLANNING SERVICES PER MONTH 70000 - - — 60000 -- ---- 50000 --------- --- 40000 -- — 30000 20000 -- 10000 0 ----- —---- ---- ---- ��JatJ �tJatA �a�r J�Jy� ����c `�o��c �� ec P O �o� Oe� h 2008 Actual 2009 Actual 2009 Budget Revised 5.3 Planning Services 2009 revised budget for the overall revenues is $186,000 and for 2008 budget the overall revenues were $500,000. This equates to a reduction of $314,000 or 63% decrease from 2008 to 2009 budget. The Planning Services revenue actuals for November 2009 are $10,426 and for November 2008 were $39,744. The November revenues as a percentage of each year's monthly budget values: 2009_ revised is 67.3% and 2008 was 95.4%. 1505 REPORT NO.: FND-001-10 PAGE 6 PLANNING SERVICES CUMULATIVE YTD 300000 250000 —-------- 200000 150000 100000 50000 0 p e, llkzle CF —2008 YTD Actual —2009 YTD Actual —2009 YTD Budget Revised 5.4 The Planning Services accumulated revenues year-to-date as of November 2009 is $152,813 and as of November 2008 were $234,533. The accumulated revenues as a percentage of the year to date budget values: 2009 revised is 89.6% and 2008 was 51.2%. This reflects the overall economic activity and the surplus of subdivision applications in the draft approved or processing stages. While fees were paid several years ago, plan review and implementation activities are ongoing. 6.0 SUMMARY AND CONCLUSIONS: 6.1 In comparing current year's month and previous year's month values several aspects need to be considered such as the time of year/season, economic conditions, weather conditions, investors long term plans, pending legislation and appeals. It is important to keep in mind that Planning fees are applied to the overall general fund rather than departmental. The development plan review and implementation process involves staff from many departments who play various roles in the process to generate the revenues identified. 6.2 This report is submitted for information purposes. The revenue shortfall forecasted to the end of 2009 has been addressed in the Council report CAO-004-09 on August 31, 2009. The budget values in this report have been adjusted based on revised forecasts as approved by Council report CAO-004-09. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO 1-11C 3A6 T (905)623-3379 F (905)623-4169 1506 Leading the Way REPORT CHIEF ADMINISTRATIVE OFFICER Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 4, 2010 Report#: CAO-001-10 File: By-law #: Subject: Corporate Strategic Business Plan 2007-2010 2009 Progress Report Recommendation It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CAO-001-10 and the attached 2009 Progress Report be received for information. Submitted b . ���.e-�---- Franklin Wu Chief Administrative Officer Attach. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5717 1 601 REPORT NO.: CAO-001-10 PAGE 2 REPORT: 1. The Corporate Strategic Business Plan was completed in May 2007 through the collaboration between council members and senior staff. The Plan sets out six major business focuses for the Municipality and identifies numerous strategies and action items to be implemented throughout the term of this current council. 2. Prior to carrying out the many action items, a significant amount of time was devoted to prioritize them and to phrase them over the four year time frame in consideration of the available resources. Staff wishes to advise that most of the action items identified in the Plan have now been completed and are pleased to provide the attached Progress Report summarizing the status of each of the action items. 1 602 PROGRESS . • . 2009 CORPORATE 00 Business Focus Objective/Goal Strategies&Actions Status 2010 1st H 2nd H Economic A.1 To facilitate the Develop a schedule, an implementation Phase 1 Servicing for Energy Park Development energy/science parks servicing scheme, and an alternate (OPG building) incorporated in 2010 project funding scenario draft Budget subject to partners moving forward. Science Park servicing is the subject of an EA to commence mid-year 2010. The Region has agreed to an interim sanitary servicing scheme for the UOIT project and other Holburn lands. Enhance University of Ontario Institute of Several initiatives completed in Technology Partnership partnership with the Board of Trade. Work with the Region to speed-up site Ongoing servicing Seek partnerships with senior level of Continuous dialogue governments Assist current landowners to facilitate Continued assistance to existing energy project implementation and potential users. rn ? Request Provincial Government to allow Not permissible at this time for tax increment financing incentives and C other incentives 0 Prepare a marketing package targeting Pending completion of servicing o energy/science and technology companies schedule pc 07 0 W 1 PROGRESS - • - 00• CORPORATE i0 Business Focus Objective/Goal Strategies &Actions Status 2010 1st H 2nd H Economic A.2 To promote and attract Explore the cost, risk and benefits to our Completed Development alternative energy community regarding energy from waste technologies technology Give high priority to development Municipality has limited role as a applications that support alternative result of the Green Energy Act energy technologies Establish a network of alternative energy Active involvement in Durham businesses Energy Strategic Alliance. Established Green Community Advisory Committee Economic A.3 To support physician Continue financial commitment in Financial commitment approved by Development recruitment recruiting family physicians through annual Council. budgeting Lobby provincial and federal governments Endorsed other municipalities to increase admissions to medical school resultions and passed comments to and regarding Canada certification of Province Immigrant doctors respectively Economic A.4 To attract new business Continue partnership with Clarington Continuous Development Board of Trade with emphasis on attracting new businesses Assist OPG to bring New Build to Ongoing Clarington Tj R1 C) 2 PROGRESS - • - 00• CORPORATE 00 Business Focus Objective/Goal Strategies&Actions Status 2010 1st H 2nd H Economic A.4 To attract new business Give priority to energy and science Ongoing Development (Cont'd) businesses by fast tracking development applications Assist BIAs in small business Board of Trade respnsibility creation/attraction augmented by Municipal efforts Explore feasibility of development charges Completed. To be reviewed and exemption for green buildings, and for updated again in 2010 projects in the energy/science parks Assist in the promotion of a "shop local" Completed program Economic A.5 To support agricultural Provide policy changes in the Official Plan Official Plan review will strengthen Development initiatives to protect farmer's right to farm current policies. Support current and future agricultural Supported Farmers Market, Initiatives and projects such as the Agricultural Advisory Committee farmer's market and vineyard feasibility study. Investigate best practices to alleviate Regional and Clarington Official urban/agricultural conflicts and Plan Review will strengthen current incompatibilities policies. Explore the feasibility of incentives for agri- None available. businesses Assist farmers who diversify their agri- Ongoing business rn 0 cn 3 PROGRESS - • - 00• CORPORATE 00 Business Focus Objective/Goal Strategies &Actions Status 2010 1st H 2nd H Economic A.5 To support agricultural Encourage school boards to increase To be investigated Development initiatives awareness of the farming industry Economic A.6 To market the Clarington Develop a marketing plan to promote Continuous, e.g. Board of Trade Development brand Clarington brand focusing on our vision. undertaken video to promote Possible themes include"The Urban Clarington Agricultural Gem", "Leading Edge of the GTX or"Energizing Ontario" Continue partnership with Tourist Ongoing operators to promote our local tourist destinations Ensure all promotional and Completed communication materials from all departments carry the Clarington Brand Community B.1 To develop a plan for Create a focal point of development Courtice Community Centre (eg. Planning and Courtice Corridor Skateboard park) Improvement Develop a trail system along Ongoing land acquisition Farewell/Black Creek Update Courtice Corridor Study Underway Engage stakeholders in plan development Started and continuous Assist local businesses to create a Continue to work with local business improvement area businesses rn 0 rn 4 PROGRESS - • - 2009 CORPORATE 0i Business Focus Objective/Goal Strategies &Actions Status 2010 1st H 2nd H Community B.2 To maintain vibrant Continue support for all Business Ongoing Planning and commericial cores Improvement Areas Improvement Plan streetscape improvements Ongoing. Eg. Bowmanville West Town Centre Streetscape Plan _ almost completed Explore opportunities in the Regional Completed. Community Improvement Plans for infrastructure improvements Encourage consistent business operating To be reviewed in consultation with hours Council liaison person Encourage development of downtown Ongoing civic precincts for Bowmanville, Courtice, Newcastle, Orono as a long term goal Community B.3 To beautify Clarington Undertake landscape improvement at Ongoing e.g. Completed projects in Planning and gateway locations Courtice, Hwy 2, King Street bridge, Improvement and Baseline Rd. (future project) Proactive enforcement of property Enforcement based on complaint standards basis. Proactive enforcement is not feasible at this time due to budget limitation Implement Banner Program at various Completed communities with emphasis along Courtice Highway 2 corridor Eliminate reverse frontages in new Established policy, implement developments through subdivision approval Revisit sign by-law to address sign Completed o 1 1 1 1 pollution v 5 PROGRESS - • - 00• CORPORATE 00 Business Focus Objective/Goal Strategies&Actions Status 2010 1st H 2nd H Community B.4 To enhance and reinforce Promote walking and biking links to Ongoing Planning and Clarington as a people services and amenities Improvement friendly community Encourage street front buildings Established policy Implement accessibility features for Ongoing. Some facilities retrofit people with disabilities completed Lobby Region to re-introduce community Clarington Council members to policing continue their current effort Citizen C.1 To strengthen customer Enhance existing Customer Service Ongoing Engagement service Program including staff training Implement a Customer Care Management Department tracking systems in System place. Corporate system under review Expand hours of By-law Enforcement Not feasible. Budget restraints Conduct public information sessions for Specific topics covered eg. small developers Development Charges/Official Plan Follow-up customer feedback cards Ongoing Explore other initiatives such as Ongoing and enhanced maximizing web site as a communication tool rn 0 w 6 PROGRESS • ' 11 ' CORPORATE STRATEGIC BUSINESS PLAN 1 1 1 1 Business Focus Objective/Goal Strategies &Actions Status 2010 1st H 2nd H Citizen C.2 To encourage public Improve media relations Ongoing effort. Providing timely Engagement participation and response to media Investigate most cost effective way to Continuous review deliver information to all citizens Expand e-government services such as Continuous and enhanced making documents available on the website, easy identification of staff and phone numbers for emergency calls Utilize tax inserts to update citizens on Standard practice time sensitive or important matters Review the information we are Standard practice communicating to ensure consistent message and branding Ward Councillors to conduct town hall Staff resources available when meetings with assistance from staff needed Citizen C.3 To support and expand Enhance existing Volunteer Recognition To be investigated Engagement volunteerism Program Provide support and training such as Continuous meetings with volunteer management, fundraising, marketing to organizations volunteer organizations Develop a program to promote Under review volunteerism including the development of a Volunteer Directory rn Use existing community events to Under review � recognize volunteers 7 PROGRESS - • - 00• CORPORATE 00 Business Focus Objective/Goal Strategies&Actions Status 2010 1st H 2nd H Growth DA To ensure balanced growth Initiate Official Plan Review with the Underway and continuous. 1st Management emphasis on managing rapid residential Discussion Paper completed. and growth and educating the public Transportation Implement Places to Grow with emphasis Underway and continuous. on intensification Protect the Greenbelt and the Oak Ridges Oak Ridges Moraine Zoning By-law Moraine before Ministry for approval. Maintain urban separators between urban Undertaken in conjunction with communities Regional Official Plan Review. Encourage builders to build high density Ongoing development Educate existing builders to adapt to the Ongoing character of the community Prioritize residential growth areas through Financial impact study completed. the development of a phasing plan Conditions imposed on Plans of Subdivision Require Market Studies to support a plan To be reviewed of subdivision Growth D.2 To develop a green Establish Community Advisory Committee Completed Management community strategy including partnership with local businesses and through the Board of Trade Transportation Develop a Municipal Green Plan Near completion Retrofit Municipal facilities for energy Energy Audit Program in place. conservation Rickard Complex retrofit approved. Liaise with Veridian on energy saving Investigation underway partnership program 0 8 PROGRESS - • - 00• CORPORATE 00 Business Focus Objective/Goal Strategies&Actions Status 2010 1st H 2nd H Growth D.2 To develop a green Maximize senior government funding Completed and ongoing Management community strategy opportunities Explore green building initiatives such as To be reviewed LEED certification Growth D.3 To improve and expand all Lobby from both GO and VIA Rail stations Completed Management modes of Transportation in Bowmanville and Investigate the feasibility of"bikeways" Ongoing Transportation Connect trails and walkways Ongoing Infrastructure EA To develop a long term Hire appropriate staff to ensure Completed and Asset asset management program compliance with Provincial legislation in Management asset accounting Inventory all capital assets electronically Substantially completed Update Development Charge Study Next update to be commenced Establish a life cycle cost for each asset Underway Develop a financial strategy including Underway decommissioning cost Acquire the necessary software Underway Infrastructure E.2 To enhance infrastructure Provide steady capital funds in Annual Standard practice for tax levy and Asset and road network Budget support. Management Prepare a long term 5-10 years Capital Underway Plan Review best practices Standard practice -Ti V! 1 .1 9 PROGRESS • ' 2009 CORPORATE 11 1 1 Business Focus Objective/Goal Strategies&Actions Status 2010 1st H 2nd H Infrastructure E.2 To enhance infrastructure Monitor condition of road network and Ongoing subject to budget and Asset and road network implement preventative maintenance restrictions Management works Upgrade rural roads Subject to budget restrictions Lobby senior government to enshrine Gas Completed Tax funding by Legislation Infrastructure E.3 To upgrade emergency Review existing operation to identify Ongoing. Annual exercise and Asset operation centre deficiencies/opportunities Management Develop a budget strategy to fund this Completed. project Expand envelope of provincial emergency Apply for JEPP funding annually funding through lobby efforts-priority of being nuclear site Lobby Federal and Provincial Under review governments through Nuclear Host Communities Association for financial support for a new Emergency Operation Centre Recreation F.1 To enhance passive and Complete expropriation of waterfront park Completed Opportunities active recreation activities properties Enhance youth/adult/older adult Completed and ongoing programming Explore public/private partnership Ongoing eg. Proshop and canteen opportunities rn N 10 PROGRESS • • - 00• CORPORATE - 0i Business Focus Objective/Goal Strategies&Actions Status 2010 1st H 2nd H Recreation F.1 To enhance passive and Give priority to volleyball court projects Not proceeding due to lack of Opportunities active recreation activities demand Continue development of community Subject to budget limitations parks Recreation F.2 To encourage community Acquire a "mobile" portable stage Under review Opportunities events Assist local groups in marketing Subject to budget limitations Assist the Community in organizing Ongoing subject to budget cultural events limitations Recreation F.3 To enhance and continue Promote events on municipal website Continuous Opportunities the development of our cultural programs Provide event boards at Under review within the context of entrances/gateways to communities the new sign by-law. TT\ V/ W 11 HANDOUTS/CIRCULATIONS GPA • arm n MEMO (iLeading tlxe Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Anne Greentree, Deputy Clerk Date: December 24, 2009 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA—JANUARY 4, 2010 — UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, January 4, 2010: 6. DELEGATIONS See attached Final List. (Attachment#1) 18. OTHER BUSINESS Addition: (a) Confidential Verbal Report, Dennis Hefferon, Solicitor, Regarding a Legal Matter, from December 14, 2009 Council Meeting ,;,-�W- Z, nne Gr6entree, Deputy Clerk AG/jeg "cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 Attachment 1 FINAL LIST OF DELEGATIONS GPA Meeting: January 4, 2010 (a) Harold Wesley-Hammond, Chair of Volunteers, Valleys 2000 Inc., Regarding Clarington & Valleys 2000 Annual Report (b) Frank Lockhart, President, Valleys 2000 Inc., Regarding Report EGD-002-10, Regarding the New Memorandum of Understanding Between the Municipality of Clarington and Valleys 2000 (c) Kurt Franklin, Planner with First-Tech Mechanical, Regarding Report PSD-009-10, Request for Extension of Draft Approval �•� ��i y�' t• � .1 ` 1 �iI 'L44II 1 �1��n�III. I 6 2 J mirk Ow IL i r --APr r I _ fit. • �. � + j,��, y �I li hr rh I I� • sk ! f 1 �t 1A� T T � o U a� � • �I +; m '� •0 ,a? 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Highway401 = I 83km (MAP NOTTO SCALE) f. Otto Kretschmer famous German U-boat captain was i held prisoner at Camp 30. DIRECTIONS Kretschmer was such an important member of the 401 from the east.Take exit 435 Bennett Rd. Turn German Kriegsmarine (Navy), that Hitler sent a left at Bennett Rd, turn left at Hwy 2, first right onto U-boat up the St. Lawrence River during an escape Lambs Rd, Jury Lands will be ahead on the left and rescue attempt. CAMP 30 (],)��1�19��►) 401 from the west Exit 432 County Rd 14/ Liberty St toward Bowmanville/Port Darlington In 1941 Canadian Forces established a Prisoner of Turn left at Liberty St. S., right at Concession St. E, War Camp for German soldiers at the Jury Lands left at Lambs Rd, Jury Lands will be on the left (known as Camp 30). Between 1941 and 1945 the camp housed more than 800 German officers and played a crucial role in the Canadian war effort. • • • _ Camp 30 is the last German POW camp left in Canada, and was the only Canadian POW camp • . I I to house high ranking German officers. Camp • _ 30 museum allows visitors to learn about and • experience this unique piece of Canadian military history. The site was home to the Battle of Bowmanville, • school groups A £'+ ,s y,',, �'' '•` a 3-day standoff that ended after Canadian troops • I _ stormed the buildings German soldiers had Museum e barricaded themselves in. 2020 Lambs R•" • '_"'-"' •r- Bowmanville, • I •YY 12.1. VI Tr Numerous escape attempts were made by prisoners wwW.0• ' I "i Ell as it was every "German soldiers duty"to attempt 90 , - escape if captured. Tunnels were dug under buildings, and escapees were apprehended by local Jury Land Management partnership farmers and returned to Camp 30 with Clarington The Jury Lands History Opportunities for Adaptive Reuse Community In the 1920s local businessman John Jury I. Develll pmenc Kiwanis House: Camp 30 Museum donated Darch Farm to the Province to build a school for"unadjusted boys" «» Infirmary Building: Boutique Hotel/Office Bowmanville Boys Training School was D created, main buildings Prairie Style % m design a Cafeteria: banquet hall/cafe/local food retail 0 �P „ 1941-1945 Camp 30 German POW camp Gymnasium: indoor basketball and Post-war home to various schools community recreation Currently vacant, owned by Kaitlin Group m Vision Ferguson Hall (shell): Summer performance ® w 1, space and outdoor skating rink (winter) :m A community where residents and visitors will r 'a Central Space for Community Use: m Appreciate and learn about local history 00 Public plaza connecting heritage Access shared community space for 111111 buildings events y Heritage interpretation walk/plaques Support/initiate entrepreneurial activity w about site history Interact with/enjoy the natural Ii, m Outdoor BBQ stations with passive environmentW� recreation space Walking/Cross-country skiing trails along Jury Lands Redevelopment Soper Creek Central heritage buildings and surrounding land to be owned by Municipality, managed by Jury Lands Phasing of the Development Plan Management Inc. (JLM Inc.) Short-term (1-2 years) JLM Inc.: a not-for-profit corporation to be Site maintenance & surveillance (deter vandalism) governed by a Board of Directors from the Creation of JLM Inc. and website launch community Encourage use of site: trails, artists workshops A mixture of residential types will be Meduim-term (3-5 years) developed to the south and north of the Develop partnerships and programming for site in central area consultation with community Central area will be designated Jury Long-term (5-10 years) Outdoor Skating in the shell of Lands Heritage Conservation District Servicing and infrastructure Ferguson Hall Complete renovation of buildings for reuse HISTORY& CULTURAL HERITAGE COMMUNITY NATURAL ENVIRONMENT