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HomeMy WebLinkAbout01/18/2010 ~!~iJlglOn GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: January 18, 2010 PLACE: 9:30 A.M. COUNC IL CHAMBERS TIME: 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) Minutes of a Regular Meeting of January 4,2010 401 5. PRESENTATIONS (a) Jennifer Cooke, Manager of Communications and Marketing, Regarding BizPal Demonstration (b) Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington, Regarding the Committee's 2009 Accomplishments 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) (a) Russ Powell, CAO, Central Lake Ontario Conservation Authority (CLOCA), Regarding Report PSD-012-10, Regarding Exchange of Lands with CLOCA, Bowmanville Valleylands and Long Sault Conservation Area 7. PUBLIC MEETINGS No Public Meetings 8. PLANNING SERVICES DEPARTMENT (a) PSD-01 0-10 Highway 407 East Environmental Assessment Notice of Completion of the Ministry of Environment Review 801 (b) PSD-011-10 2009 Annual Report on Applications for Plans of Subdivision 824 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - January 18, 2010 (c) PSD-012-10 Exchange of Lands with CLOCA, Bowmanville Valleylands 836 and Long Sault Conservation Area (d) PSD-013-10 Application for Removal of Part Lot Control 858 Applicant: Prestonvale Heights Limited - 40m-1929 (e) PSD-014-10 The Durham Region Transit Long-Term Transit Strategy 864 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-004-10 Monthly Report on Building Permit Activity for December, 2009 901 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-002-10 Monthly Response Report - December 2009 1101 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-002-10 Use of Corporate Resources for Election Purposes Policy 1301 14. CORPORATE SERVICES DEPARTMENT (a) COD-002-10 Co-,operative Tender C2009-127, Asphalt Registry Hot Mix 1401 Asphalt, Cold Mix Asphalt and High Performance Cold Mix Asphalt (b) COD-003-10 Tender No. CL2009-44 - Newcastle Arena Roof 1407 Replacement 15. FINANCE DEPARTMENT No Reports 16. CHIEF ADMINISTRATIVE OFFICE No Reports 17. UNFINISHED BUSINESS G.P. & A. Agenda 18. OTHER BUSINESS 19. COMMUNICATIONS 20. ADJOURNMENT - 3 - January 18, 2010 Clw:mglOn General Purpose and Administration Committee Minutes January 4, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 4,2010 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Absent: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Municipal Solicitor, D. Hefferon, arrived at 11 :23 a.m. Director of Corporate Services & Human Resources, M. Marano Director of Finance, N. Taylor Fire Chief, Emergency Services, G. Weir Manager of Special Projects, Faye Langmaid Deputy Clerk, A. Greentree Clerk II, J. Gallagher Mayor Abernethy chaired this portion of the meeting. ALTER AGENDA Resolution #GPA-001-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT a Confidential Verbal Report from Dennis Hefferon, Solicitor, regarding a Legal Matter, from the December 14, 2009 Council Meeting, be added to the end of the agenda under Other Business. CARRIED - 1 - 401 General Purpose and Administration Committee Minutes January 4, 2010 Resolution #GPA-002-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT the rules of order be suspended to add Mr. Richard Ward to the list of delegations, regarding an ongoing issue related to Mr. Ward's property. CARRIED DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper noted that he had previously declared an interest the matter being discussed in the Public Meeting and Report PSD-001-1 0, but since there has been a change in ownership of the subject lands, he no longer has a pecuniary interest in the matter. ANNOUNCEMENTS Councillor Novak noted that on New Year's Eve, the Clarington Zone Hockey Association and their Bantam AAA team hosted a well-attended 14th annual Finland vs. The ETA Hockey Series. Councillor Hooper rose to note that there were four fallen Canadian soldiers that travelled through Clarington on January 3, 2010 as part of the repatriation process and further noted the significant number of supporters. Also, Councillor Hooper noted that there was a successful Polar Bear Swim on New Year's Day. MINUTES Resolution #GPA-003-1 0 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on December 7, 2009 and the Special Meeting of the General Purpose and Administration Committee held on December 14, 2009, be approved. CARRIED - 2 - 402 General Purpose and Administration Committee Minutes January 4, 2010 PRESENTATIONS BRANDON WEILER AND LISA MARIE WILLIAMS, RYERSON UNIVERSITY, JURY LANDS COMMUNITY DEVELOPMENT PLAN (CAMP 30) Brandon Weiler and Lisa Marie Williams from Ryerson University made a verbal and electronic slideshow presentation regarding the Jury Lands Community Development Plan (Camp 30). Mr. Weiler stated that they represented a student team from Ryerson University, as a student project. He indicated that the project's mandate was to create a community development plan; identify partnership, funding and reuse opportunities; and develop an implementation strategy. The students performed multiple site visits to Camp 30 and at other locations in order to develop their proposed development plan. Mr. Weiler stated that they envision a community where residents and visitors will: appreciate and learn about local history; access shared community space; support and initiate entrepreneurial activity; and interact with and enjoy the natural environment. He noted that the site has had many names over time and part of their proposal is that the area be rebranded as "The Jury Lands". Mr. Weiler explained their development proposal, which includes green space, multiple points of access, mixed housing, future commercial retail use, a central square, and barbeque area for visitors. He noted that the central area has a proposed Heritage Conservation District designation. Mr. Weiler outlined proposed uses for each of the buildings. Ms. Williams outlined the implementation plan, including the roles of the Municipality, the Kaitlin Group, and Jury Lands Management Inc. (JLMI), a proposed new organization. She indicated that the JLMI's mandate would be to facilitate a unified vision, facilitate the planning process, creating programming, ensure timely development, and to secure financing. She outlined the various partnerships including Valleys 2000, the Rotary Club, and the Architectural Conservancy of Ontario. Ms. Williams noted that various activities that would take place in each of the 3 phases over 10 years. - 3 - 403 General Purpose and Administration Committee Minutes January 4, 2010 DELEGATIONS Resolution #GPA-004-1 0 Moved by Councillor Novak, seconded by Councillor Robinson THAT Rev. Frank Lockhart, President of Valleys 2000 Inc., be allowed to speak on behalf of Mr. Harold Wesley Hammond and to combine these delegations, regarding the Annual Report and the Memorandum of Understanding, for a maximum of 10 minutes. CARRIED Rev. Lockhart noted that he is in favour of the recommendations as contained in Report EGD-002-10 regarding the new Memorandum of Understanding between the Municipality of Clarington and Valleys 2000 Inc. which recommends to extend the lease. Rev. Lockhart provided the Committee with the Valleys 2000 Annual Report, which outlined some of the history and the supportiveness of the Board of Directors and the Municipality's staff member, Peter Windolf. He indicated that the major work has been done on trees in the Valley and that more work will be done to add more trees in the future. In addition, Rev. Lockhart indicated that some of the older trees, such as the willows, will be replaced with different types of trees. He added that a butterfly garden has recently been added. Rev. Lockhart indicated that his group has been performing work on the stream as well, to encourage the salmon run and to prevent flood damage. Rev. Lockhart noted that work has begun on the planning of replacing the current fish ladder, which will include a bridge for public viewing. He indicated that CLOCA has been working on the fish ladder issue with them. Rev. Lockhart advised that, once the plan is in place, the fund raising campaign for the new fish ladder will take place. He noted that one of the service clubs provided the organization with a kiosk. Rev. Lockhart noted that the group has also been working on several ponds in the area. He concluded by stating the group is focussing on a natural area, not gardens. Kurt Franklin, Planner with First-Tech Mechanical addressed the Committee regarding Report PSD-009-10, regarding a request for an extension of the draft approval. He commented that his client is not a large developer and therefore the budget for the project is such that, the activities will not be able to completed within the current timeframe. Mr. Franklin noted that his client is eager to complete the activities required to obtain the subdivision agreement. He asked that the Committee extend the draft approval for two years. Mr. Richard Ward was present to address the Committee regarding the ongoing property issue and the impact on his taxes. He reminded the Committee that he requested various remedies to clarify the situation. The cleanup cost $16,000 which he indicated was not an appropriate cost. Mr. Ward indicated that there were 10 workers and 2 police officers were present when the cleanup took place. He asked that the tax - 4 - 404 General Purpose and Administration Committee Minutes January 4, 2010 situation be addressed. He noted that the Municipality has refused to pick up his garbage. Mr. Ward noted that he has taken the issue to the Police who have indicated that it is a civil matter. He noted that he has been accused of violating election rules, which he maintains did not exist. He proposed that a judicial review investigation including the Solicitor General, be implemented. Mr. Ward noted that the review requires an impartial judge to be conducted in another jurisdiction. Mr. Ward requested that Council suspend the action against him. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applicant: Report: Application to Amendment to Zoning By-law 84-63 Bowmanville Investments Inc. (Smart Centres) PSD-001-10 Paul Wirch, Staff Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Ms. Beth Kelly, with Halloway Developments Limited and Valiant Properties (Home Depot) rose to spoke about the application. Ms. Kelly indicated that Halloway Developments owns the adjacent lands. She noted that Halloway Developments has not had an opportunity to review the Report and therefore she is not sure whether their position is in opposition or support. Ms. Kelly stated that, when this issue was originally proposed by the previous owners, there were site plan conditions that were agreed to. She is concerned that these same standards for the Home Depot garden centre need to be adhered to by the Canadian Tire garden centre. Ms. Kelly noted that, by allowing this move by Canadian Tire, a rezoning of the current site may be required depending on the proposed new use. No one spoke in support of the application. Mr. Michael Bissett, Planning Consultant, Bousfields Inc., addressed the Committee, on behalf of the applicant. He stated that he and his client have reviewed the Report and agree with the recommendations. He noted that, through the Site Plan process, the issues raised by Ms. Kelly will be addressed. Ms. Omelia Richichi, Bowmanville Investments Inc. (Smart Centres), rose to state that any delay in the process could jeopardize their ongoing negotiations with potential tenants in the development. She confirmed that her organization was required to sign agreements to uphold the standards that had previously been outlined. - 5 - 405 General Purpose and Administration Committee Minutes January 4, 2010 PLANNING SERVICES DEPARTMENT REZONING APPLICATION TO REMOVE ALL HOLDING SYMBOLS TO PERMIT A MOTOR VEHICLE REPAIR GARAGE USE AND A YEAR-ROUND GARDEN CENTRE, AND IN ASSOCIATION WITH A LARGE FORMAT RETAIL STORE Resolution #GPA-005-1 0 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report PSD-001-10 be received; THAT 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 by-law attached to Report PSD-001-10 contained in Attachment 3 be passed; and THAT the Durham Regional Planning Department, the Municipal Property Assessment Corporation (MPAC), all interested parties listed in Report PSD-001-1 0 and any delegations be advised of Council's decision. CARRIED ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Councillor Trim left the room at 11 :04 a.m. prior to the following resolution being moved. Resolution #GPA-006-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-002-10 be received; and THAT all interested parties listed in Report PSD-002-10 and any delegations be advised of Council's decision. CARRIED - 6 - 406 General Purpose and Administration Committee Minutes January 4, 2010 BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Councillor Trim returned to the meeting at 11 :08 a.m. Resolution #GP A-OO? -10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-003-10 be received; and THAT all interested parties listed in Report PSD-003-10 and any delegations be advised of Council's decision. CARRIED. NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Resolution #GPA-008-1 0 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-004-10 be received; and THAT all interested parties listed in Report PSD-004-10 and any delegations be advised of Council's decision. CARRIED ENVIRONMENTAL STEWARDSHIP 2009 PROGRAM UPDATE Resolution #GPA-009-10 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-005-10 be received for information. CARRIED - ? - 407 General Purpose and Administration Committee Minutes January 4, 2010 COURTICE COMMUNITY IMPROVEMENT PROGRAM UPDATE Resolution #GPA-010-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-006-10 be received; and THAT all interested parties listed in Report PSD-006-10 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF DECEMBER 10, 2009 Resolution #GPA-011-10 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report PSD-007-10 be received; and 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. CARRIED MINOR VARIANCE TO SIGN BY-LAW 2009-123 APPLICANT: ROBIN JEFFREY Resolution #GPA-012-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-008-10 be received; 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 THAT all interested parties listed in Report PSD-008-10 and any delegations be advised of Council's decision. CARRIED - 8 - 408 General Purpose and Administration Committee Minutes January 4, 2010 REQUEST FOR EXTENSION OF DRAFT APPROVAL 1613 HIGHWAY 2 AND KENNEDY DRIVE, COURTICE APPLICANT: FIRST-TECH MECHANICAL SYSTEMS INC., MARIA WULCZYN AND PERCY NAPPER Resolution #GPA-013-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-009-10 be received; THAT the request to extend the lapsing date for the draft approved Plan of Subdivision until October 4,2012 be denied; 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; 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 to Report PSD-009-1 0; and THAT all interested parties listed in Report PSD-009-1 0 and any delegations be advised of Council's decision. CARRIED Resolution #GPA-014-10 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT the Committee recess for 10 minutes at 11: 13 a.m. CARRIED The meeting reconvened at 11 :23 a.m. Mayor Abernethy was not present when the meeting reconvened. Councillor Foster chaired this portion of the meeting. - 9 - 409 General Purpose and Administration Committee Minutes January 4, 2010 ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2009 Resolution #GPA-015-1 0 Moved by Councillor Novak, seconded by Councillor Trim THAT Report EGD-001-10 be received for information. CARRIED NEW MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPALITY OF CLARINGTON AND VALLEYS 2000 Resolution #GPA-016-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report EGD-002-10 be received; THAT the New Memorandum of Understanding between Valleys 2000 and the Municipality of Clarington be approved; 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; and THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's decision. CARRIED ROBINSON RIDGE SUBDIVISION PHASE 4, COURTICE, PLAN 40M-2259, 'CERTIFICATE OF ACCEPTANCE', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #G P A-O 17 -10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report EGD-003-10 be received; and 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. CARRIED - 10- 410 General Purpose and Administration Committee Minutes January 4, 2010 Mayor Abernethy returned to the meeting at 11 :25 a.m. OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Mayor Abernethy chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - NOVEMBER 2009 Resolution #GPA-018-1 0 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report ESD-001-10 be received for information. CARRIED Fire Chief Weir provided the Committee with a verbal report regarding the response calls over the recent holiday season. COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT SALE OF FIREWORKS - PERFECT PARTY PLACE Resolution #GP A-O 19-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-001-10 be received; THAT the request of Mike and Carmen Gazo, Owners, Perfect Party Inc. to sell fireworks year round, be denied; and THAT Mike and Carmen Gazo be advised and forwarded a copy of Report CLD-001-10. CARRIED - 11 - 411 General Purpose and Administration Committee Minutes January 4, 2010 Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT Q2009.33, ONE (1) CULVERT STEAMER WITH TANDEM AXLE ROAD TRAILER Resolution #GPA-020-1 0 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-001-10 be received; 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 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. CARRIED FINANCE DEPARTMENT REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - NOVEMBER 2009 Resolution #GPA-021-1 0 Moved by Councillor Trim, seconded by Councillor Novak THAT Report FN 0-00 1-10 be received for information. CARRIED - 12 - 412 General Purpose and Administration Committee Minutes January 4, 2010 CHIEF ADMINISTRATIVE OFFICER CORPORATE STRATEGIC BUSINESS PLAN 2007-2010 2009 PROGRESS REPORT Resolution #GPA-022-1 0 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report CAO-001-10 and the attached 2009 Progress Report be received for information. CARRIED CONFIDENTIAL VERBAL REPORT, FRANK WU, CAO, REGARDING A LEGAL MATTER, FROM THE DECEMBER 14, 2009 COUNCIL MEETING Resolution #GPA-023-1 0 Moved by Councillor Foster, secon.ded by Councillor Hooper THAT the confidential verbal report from the CAO regarding a legal matter from the December 14, 2009 Council meeting be moved to the end of the agenda to be considered in "closed" session, following the confidential verbal report from Mr. Hefferon. CARRIED UNFINISHED BUSINESS BRANDON WEILER AND LISA MARIE WILLIAMS, RYERSON UNIVERSITY, JURY LANDS COMMUNITY DEVELOPMENT PLAN (CAMP 30) Resolution #GPA-024-1 0 Moved by Councillor Novak, seconded by Councillor Foster THAT the presentation of Brandon Weiler and Lisa Marie Williams, Ryerson students, regarding the student project regarding the Camp 30 Lands be received for information and that the students be congratulated for their presentation; and THAT a copy of the "The Jury Lands" report and the memo from Mr. Crome, dated December 16,2009, explaining the Ryerson University student project, be forwarded to Bev Oda, Member of Parliament and John O'Toole, Member of Provincial Parliament. CARRIED - 13 - 413 General Purpose and Administration Committee Minutes January 4, 2010 FRANK LOCKHART, PRESIDENT, VALLEYS 2000 INC., REGARDING VALLEYS 2000 ANNUAL REPORT Resolution #GPA-025-1 0 Moved by Councillor Hooper, seconded by Councillor Novak THAT the delegation of Rev. Frank Lockhart regarding the Valleys 2000 Annual Report and the new Memorandum of Understanding be received with thanks. CARRIED RICHARD WARD, REGARDING ONGOING PROPERTY ISSUES Resolution #GPA-026-1 0 Moved by Councillor Foster, seconded by Councillor Robinson THAT the delegation of Mr. Richard Ward, regarding the ongoing Property issues, be received for information. CARRIED OTHER BUSINESS ICE ALLOCATION FOR MINOR HOCKEY AT THE NEWCASTLE RECREATION. CENTRE Councillor Robinson rose on the issue of Community Services and ice allocation with regard to minor hockey and the Newcastle Recreation Centre. He noted that every year, the user groups put forward their request for their number of hours requested. Councillor Robinson noted that the minor hockey association requested 36 hours and were given 35 hours and further that there has been a recent request to increase the number of hours to 64. He informed the Committee that there is currently a meeting scheduled to discuss the issue. COMMUNICATIONS There were no items considered under this section of the Agenda. - 14 - 414 General Purpose and Administration Committee Minutes January 4, 2010 UNFINISHED BUSINESS - CONTINUED Resol ution #G P A-027 -10 Moved by Councillor Foster, seconded by Councillor Trim THAT in accordance with Section 239(2) of the Municipal Act. 2001, as amended, the meeting be closed for the purpose of: . A matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and . A matter that deals with advice that is subject to Solicitor-Client privilege, including communications necessary for that purpose. CARRIED The meeting resumed in open session at 1 :35 p.m. RISE AND REPORT Mayor Abernethy advised that two items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act. 2001 and no resolutions were passed. CONFIDENTIAL VERBAL REPORT, DENNIS HEFFERON, SOLICITOR, REGARDING A LEGAL MATTER FROM THE DECEMBER 14, 2009 COUNCIL MEETING Resolution #GPA-028-1 0 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the confidential verbal report from Mr. Dennis Hefferon, Solicitor, regarding a legal matter from the December 14, 2009 Council Meeting, be received for information. CARRIED CONFIDENTIAL VERBAL REPORT, FRANK WU, CAO, REGARDING A LEGAL MATTER FROM THE DECEMBER 14, 2009 COUNCIL MEETING Resolution #GPA-029-1 0 Moved by Councillor Novak, seconded by Councillor Foster THAT the CAO be directed to accept the tentative agreement as presented by the CAO, during the "closed" session. CARRIED - 15 - 415 General Purpose and Administration Committee Minutes January 4, 2010 ADJOURNMENT Resolution #GPA-030-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 1 :36 p.m. CARRIED MAYOR DEPUTY CLERK - 16 - 416 DRAFT LIST OF DELEGATIONS GPA Meeting: January 18, 2010 (a) Russ Powell, CAO, Central Lake Ontario Conservation Authority (CLOCA), Regarding Report PSD-012-10, Regarding Exchange of Lands with CLOCA, Bowmanville Valleylands and Long Sault Conservation Area 601 Cl!Jlpn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 18, 2010 Report #: PSD-010-10 File #: PLN 23.5.14 By-law #: Subject: HIGHWAY 407 EAST ENVIRONMENTAL ASSESSMENT NOTICE OF COMPLETION OF THE MINISTRY OF ENVIRONMENT REVIEW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-010-10 be received; 2. THAT Report PSD-010-10 be approved as the Municipality of Clarington's comments to the Ministry of Environment on the "Notice of Completion of Ministry Review" for the 407 East Environmental Assessment; 3. THAT, to mitigate the impact of the East Durham Link interchange on the road network within the Clarington Energy Business Park, the Highway 407 Project be revised to incorporate the construction of Energy Drive as a project-related work, in lieu of the reconstruction of the South Service Road in this same section; 4. THAT, in compensation for the loss of 28 ha of employment lands in the Clarington Energy Business Park and the Courtice Industrial Park as a result of the Highway 407 Project and in light of the Province's reluctance to designate additional industrial lands in Clarington, the Ministry of Transportation be requested to acquire additional lands within the Energy Park to allow for their early development for industrial purposes in accordance with the Municipality's Energy Business Park Secondary Plan; 5. THAT, in compensation for the loss of Rundle Road north of Regional Road 4 and the resulting impact on the road network, the Highway 407 Project be revised to incorporate the construction of Holt Road between Regional Road 4 and Concession Road 6 to maintain north-south connectivity within the local road network and to minimize traffic impacts on the hamlets of Solina and Hampton; 801 REPORT NO.: PSD-010-10 PAGE 2 6. THAT the Ministry of Transportation be required to undertake a more detailed traffic analysis as part of the Highway 407 Environmental Assessment to examine the impact of a tolled highway scenario on the local road system; 7. THAT the Highway 407 Project be revised to incorporate the acquisition of appropriate lands to provide an interchange at Liberty Street and the Highway 407 mainline either as an alternative to or in addition to the Darlington/Clark Townline Road interchange, with appropriate provision for emergency access to the highway; 8. THAT the Municipality concurs with the Ministry of Transportation that additional discussion is required to address the issue of maintaining access to agricultural lands on Washington Road; 9. THAT the Municipality of Clarington and the Ministry of Transportation will have to continue to liaise on the mitigation of impacts on cultural heritage resources to ensure both provincial and local heritage objections are satisfied; 1 O. THAT staff be authorized to continue discussions and negotiations with the Ministry of the Environment and the Ministry of Transportation to achieve acceptable solutions to the above-noted issues; 11. THAT a copy of Report PSD-010-10 and Council's decision be forwarded to the Ministry of the Environment, the Ministry of Transportation, and the Regional Municipality of Durham; and 12. THAT all interested parties listed in Report PSD-010-10 and any delegations be advised of Council's decision. Submitted by: Reviewed bye) ~ Franklin Wu, Chief Administrative Officer o vi J. Crome, MCIP, RPP Director of Planning Services Submitted by: JAS/FUdf 13 January 2010 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 802 REPORT NO.: PSD-010-10 PAGE 3 1.0 BACKGROUND 1.1 The Environmental Assessment (EA) for the Highway 407 East Extension, being undertaken by the Ontario Ministry of Transportation (MTO), began in January 2005 with the approval of the Terms of Reference for the EA Study. MTO submitted the final EA Study to the Ministry of Environment (MOE) for review on August 28, 2009, triggering the start of the formal MOE review process which ended on October 16, 2009. 1.2 On December 18, 2009, MOE released a Notice of Completion advising that it had completed its review of the EA Study and the comments submitted during the formal review period. This marked the start of a five week public comment period during which comments can be submitted on the proposed undertaking, the EA and on MOE's review. The Minister of the Environment will make a decision on the Highway 407 EA after the public comment period, which will end on January 29, 2010. 1.3 Municipalitv of ClarinQton Comments on the 407 EA 1.3.1 The Municipality has had numerous opportunities through the 407 EA process to submit comments on the EA Study, through both staff reports to Committee and Council and staff-level meetings. These include the Municipality's comments on the Preliminary Design Plans for the 407 (Staff Report PSD-033-09, March 30, 2009 GPA) and the Pre-Submission Draft EA (Staff Report PSO-075-09, July 6, 2009 GPA), as well as comments previously submitted to MOE on the EA (Staff Report PSD-092-09, September 28, 2009 GPA). At each of these submissions, MTO has responded in writing to each of these submissions. 1.3.2 At this point, there are only five outstanding issues remaining which have not been resolved to the Municipality's satisfaction. These issues are discussed in Sections 2 through (3 of this report, with the Municipality's comments set out in bold italics. MOE has informed Staff that failure to submit our concerns could mean that they will remain unresolved. 2.0 CLARINGTON ENERGY PARK AND COURTICE INDUSTRIAL LANDS 2.1 BackQround 2.1.1 The Clarington Energy Business Park (Energy Park) occupies 129 ha and is located immediately south of Highway 401 and north of the CN rail corridor, between Courtice Road and Solina Road. A Secondary Plan for the development of the Energy Park was prepared by the Municipality and incorporated by amendment into the Clarington Official Plan in February 2005. 803 REPORT NO.: PSD-010-10 PAGE 4 '~\ __J ',------ __-Jl t .. _.. C1erlng1on Energy BulInetI Park.Area Boundary ~"""IgeE~_ !::S9 .....Igo Em~ Cont"'" ~~lnd""""1 E22I LIghlI""uotrla12 ~ Open Space EmllJ Erw_IP_Aow , * P_ Storm w... Pond MAPA LAND USE AND PRIMARY ROADS CI,ARlNGTON r..NrRGY BlJSfNFSS PARI( SeCONDARY PLAN ~t,2001 ~_~~I'IaoIZ~~~J Figure 1: Approved Land Use Plan - Clarington Energy Business Park 2.1.2 The Secondary Plan is intended to guide the development of the business park to take advantage of the area's proximity to the Darlington Nuclear Generating Station immediately to the east and to encourage the establishment of businesses in the energy and environment sectors. This latter objective is especially important given the Municipality's need to strengthen its industrial/commercial assessment base and reduce its reliance on its residential assessment base. Currently, the Municipality's non-residential assessment base is only 9%. 2.1.3 The East Durham Link connects to Highway 401 immediately to the north of the Energy Park. The freeway-to-freeway interchange, as well as the associated improvements to Highway 401 and the Courtice Road interchange, and the proposed construction of a stormwater management pond at the southeast quadrant of the Courtice Road interchange, results in a significant encroachment into the Energy Park. Not only does this result in a significant loss of developable lands from the Energy Park (approximately 20 ha), a section of South Service Road will also be eliminated. This road is important for the efficient movement of non-Energy Park traffic, in particular traffic travelling to and from the adjacent Nuclear Generating Station. 2.1.4 The existing Courtice Industrial Park, which is located immediately to the north of Highway 401, is also affected by East Durham Link and interchange, as well as the associated on-off ramps to Highway 401. 804 REPORT NO.: PSD-010-10 PAGE 5 Figure 2: East Durham Link/Highway 401 Interchange 2.2 Previous Municipal Comments 2.2.1 In Report PSD-033-09, the Municipality indicated that options are available to mitigate the loss of developable lands in the Energy Park provided that satisfactory arrangements can be made for the short, medium and long term re-alignment of South Service Road. It was also noted that ultimately, Energy Park Drive will assume the function of the South Service Road, but the South Service Road may continue to be needed for internal traffic distribution. 2.2.2 The Municipality requested the 407 Project Team to revise the EA to indicate that section of Energy Park Drive near Solina Road (the Crago lands) as the Province's responsibility under the EA to replace South Service Road. MTO indicated that "reinstatement of the South Service Road would be the responsibility of MTO" and further that if "South Service Road is not required and traffic can be accommodated through the Energy Park network, that MTO would be prepared to discuss possible financial arrangements". 2.2.3 In Report PSD-110-08, the Municipality had indicated that long-term industrial/ commercial tax loss would result from the loss of 28 ha of employment lands in the Courtice Industrial Park, including two vacant parcels with active development applications that have. been rendered undevelopable. The Municipality has been working with the Region of Durham in their Official Plan conformity exercise for Places to Grow to designate employment lands adjacent to the 407 corridor as replacement for those being removed by the 407 related works. 2.2.4 The EA does not discuss the impact of the East Durham Link on the Clarington Energy Business Park and Courtice Industrial Park. The EA states that the East Durham Link transportation corridor "traverses Employment Lands" and then continues with the statement that "The proposed corridor does not impact any designated area of commercial or institutional lands". The Employment Lands are zoned Industrial Land Use and thus, technically are not Commercial or Institutional. 805 REPORT NO.: PSD-010-10 PAGE 6 However, the EA is not correct in stating that there is no socio-economic impact as the East Durham Link affects the Industrial/Commercial tax base of Clarington. . 2.2.5 Clarington is disappointed that the 407 EA study did not acknowledge the significant impact of the East Durham Link on the Clarington Energy Business Park and the Courtice Industrial Park. MTO has responded that the "freeway-to-freeway interchange and its associated works do result in a reduction in the available developable land in these two areas"; however, they believe the "enhanced access and exposure for these development areas" compensates for the loss. 2.3 ClarinQton's Comments to Ministry of Environment 2.3.1 South Service Road - The timing of the construction of the 407 Link and the development of Energy Park Drive are both currently undetermined; therefore, it . is difficult at this point to indicate whether MTO's response (indicated in 2.2.2) is acceptable. Rather it would be preferable if MTO would agree to contribute funds towards the construction of Energy Park Drive as the ultimate location of a south service road. Reinstating South Service Road adjacent to its current location and at its current standard along its length will only be necessary if the ultimate alignment of Energy Park Drive is not available for development. MTO could help ensure that this is not necessary (see 2.3.3 below). 2.3.2 Loss of Designated Industrial Lands - The Region of Durham, through Official Plan Amendment 128, is attempting to designate additional industrial lands in Clarington along the 407 Link. The Province has not approved this amendment; as such, there is no replacement for the loss of the designated lands or the future tax revenue that the Municipality would derive from these lands. 2.3.3 Given that no commitment on the replacement of designated lands is possible by MTO, MOE has suggested that Clarington propose an alternate solution for the compensation of the socio-economic impact being incurred. Accordingly, the alternative being proposed is the acquisition of nearby designated lands (Lots 25 and 26) as part of the overall required acquisition for the highway, with the property being marketed for immediate development. This would also ensure that the Energy Park Drive can be developed as the south service road at the time of construction. 3.0 RUNDLE ROAD AND HOLT ROAD 3.1 BackQround 3.1.1 Holt Road and Rundle Road are both important north-south local roads in Clarington between the urban areas of Courtice and Bowmanville. Holt Road connects to Highway 401 through a partial interchange and provides direct access over Highway 401 to the Darlington Generating Station. The road is improved to a year.,round standard between the Generating Station and Taunton Road (Regional Road 4), and Concession Roads 6 and 7. The 2 km section between Taunton Road and Concession Road 6 is currently unimproved. Rundle Road is an improved road 806 REPORT NO.: PSD-010-10 . PAGE 7 maintained year round through its entire length from Highway 401 to just north of Concession Road 7. r---- I I I ----.. I I saLINA ! LJ l. CONCESSION ROAD 6 r I I Proposed 407 Route tv A Figure 3: Rundle Road and Holt Road 3.1.2 The construction of the East Durham Link will result in a 2 km segment of Rundle Road being lost. As a result, Rundle Road will become discontinuous between Taunton Road and Concession Road 6. Rundle Road will terminate at Taunton Road, while that section north of the 407 will be truncated. Due to the fact that Holt Road, which lies 800 m to the east, is unimproved between Taunton Road and Concession Road 6, both northbound and southbound local traffic on Rundle Road will have to detour either onto Solina Road through the hamlet of Solina (800 m to the west), or onto old Scugog Road through the hamlet of Hampton (2.5 km to the east). 3.1.3 The development of Holt Road to a year round standard will maintain north-south connectivity and will ensure that emergency services have an alternate route to access both Solina and Hampton. 807 REPORT NO.: PSD-010-10 PAGE 8 3.2 3.2.1 3.2.2 3.2.3 3.2.4 3.3 3.3.1 3.3.2 Previous Municipal Comments The Municipality has previously recommended to the Project Team that Holt Road between Taunton Road and Concession Road 6 be improved to year-round municipal road standards to replace the loss of Rundle Road, and. that this road improvement should be indicated in the EA as part of the 407 -related works. The Municipa"lity's consultant has estimated that the cost to improve Holt Road to be approximately $1.57 Million. The Municipality also recommended that the Holt Road overpass be constructed as part of the initial 407 works to maintain access for emergency services and to agricultural lands. MTO responded that any improvements to Holt Road between Taunton Road and Concession Road 6 will not be included as part of the EA submission, and that Clarington would be responsible for such works once the need and justification has been realized. MTO also stated that the timing for the construction of the Holt Road overpass will be determined during the implementation phase, and that they will consult with Clarington to ensure that the agricultural needs in the vicinity of Holt Road are addressed. In their most recent response, MTO has indicated they are prepared to discuss this issue further during subsequent design phases, including a potential cost sharing arrangement. Clarinaton's Comments to Ministry of the Environment The 407 EA submitted to MOE does not include the improvement of Holt Road between Taunton Road and Concession Road 6 to a year-round municipal standard. The construction of an overpass for Holt Road at the 407 Mainline is included in the EA submission. The elimination of Rundle Road north of Taunton Road represents the loss of an important north-south connection within the Municipality's road network, and will create additional traffic impacts on the hamlets of Solina and Hampton and the Municipality's ability to provide timely emergency services. The reconstruction of the unimproved section of Holt Road to a year-round standard would help mitigate the impact on the Municipality's road network and the two hamlets created by the discontinuation of Rundle Road. The length of Holt Road proposed for reconstruction (2 km) is equivalent to the length of Rundle Road that will be lost from the local road network. Holt Road will replace Rundle Road .as the alternate route for Emergency Services to access the local community; in addition it will help provide timely emergency service access to the 407. Figure 4: Holt Road Reconstruction 808 REPORT NO.: PSD-010-10 PAGE 9 3.3.3 It continues to be the Municipality's position that the reconstruction of Holt Road to a full municipal standard between Taunton Road and Concession Road 6 should be included in the EA as a 407 East project-related work. Clarington does acknowledge that the potential cost sharing arrangement by MTOcould include the necessary EA for the reconstruction of Holt Road as a stand alone project; however, more clarity on timing and the potential cost sharing arrangement is needed. 4.0 UBERTY STREET INTERCHANGE 4.1 Backaround 4.1.1 The EA submitted to MOE includes interchanges at Regional Road 57 and at the Darlington-Clarke Townline only. Liberty Street would be a simple grade separation with no direct connection to Highway 407. There is also an interchange on the Durham East Link at Highway 2, and a partial interchange at Taunton Road (access to and from the south only). Traffic from Bowmanville destined for the 407 will predominantly be served by the Regional Road 57 and Highway 2 interchanges, as opposed to either the Taunton Road partial interchange or the Darlington-Clarke Townline interchange. 4.2 Previous Municipal Comments 4.2.1 The inclusion of an interchange at Liberty to serve the anticipated growth in Bowmanville over the planning horizon has been a concern by Clarington since the inception of the 407 study. The Municipality reviewed the Highway 407 transportation model undertaken for the EA to determine whether an interchange at Liberty Street would be necessary or beneficial from a road capacity perspective, given the future planned land use and road network in Clarington. The 407 transportation model was on an untolled scenario (e.g. free access); the EA recommended design would result in a concentration of traffic on the approach routes to the two interchanges serving Bowmanville traffic, particularly at the Regional Road 57 interchange for an untolled scenario. 4.2.2 It has been confirmed by the Provincial government that the 407 East extension will be tolled. The Municipality previously requested the 407 Project Team carry out transportation models for a tolled scenario to include the impacts on the local road network, which can anticipate increased traffic, now that the 407 is to be tolled. MTO responded that the traffic analysis undertaken as part of the EA confirmed that the interchanges at Regional Road 57 and Darlington-Clarke Townline could accommodate anticipated traffic volumes for the planning horizon. MTO also indicated that, in their opinion, an interchange is not required at Liberty Street, but that a future interchange at Liberty Street is not precluded as part of a separate study approval process. 809 REPORT NO.: PSD-010-10 PAGE 10 4.3 ClarinQton's Comments to Ministry of Environment 4.3.1 The Highway 407 EA indicates interchanges on the 407 Mainline at Regional Road 57 and at the Darlington/Clarke Townline, while no interchange is proposed at Liberty Street. Clarington remains concerned that insufficient justification has been provided in the EA to support the locations of interchanges be,tween Regional Road 57 and Highway 35/115, and that the interchange locations as currently proposed would have a negative impact on the local road network and not serve future growth in the Bowmanville Urban Area. 4.3.2 Earlier drafts of the 407 EA had indicated an interchange at Bethesda Road northeast of Bowmanville. The Municipality previously advised MTO that Bethesda Road does not provide good connectivity to either the existing or planned local road network, and that an interchange located at Liberty Street would better serve planned growth in the Bowmanville Urban Area. The Municipality had also noted a concern that the absence of an interchange between Highway 35/115 and the Bowmanville area would increase response times for emergency vehicles. The Technically Preferred Route for the 407 eliminated the Bethesda Road interchange and located a new interchange at the Darlington/Clarke Townline, but did not propose a new interchange at Liberty Street. 4.3.3 It is Clarington's position that MTO has not undertaken a sufficient analysis of the local/regional road network to confirm that an interchange is better located at the Darlington/Clarke Townline than at Liberty Street. As well, because the traffic modelling undertaken by MTO does not reflect a tolled scenario, the model does not adequately characterize the impact of the 407 on the local road . network. 4.3.4 A preliminary analysi~ undertaken by the Municipality's consultant indicated that a full-movement interchange at Liberty Street would help to disperse projected traffic volumes on the approach routes to Highway 407 from the Bowmanville area, lead to lower traffic pressure on lower-order east-west roads, and help to alleviate high intersection turning movements along the Regional Road 57, Taunton and Liberty Street corridors. 4.3.5 As well, the interchange' at the Darlington/Clarke Townline appears to be primarily intended to meet emergency access/maintenance requirements. Even if it is included in the approved EA, there has been no commitment from MTO that the interchange at Darlington/Clarke Townline would be built for the "opening day scenario". It should also be noted that'MTO has previously agreed to provide emergency and maintenance access from the commercial vehicle inspection station that is proposed near Acres Road. 4.3.6 It is Clarington's position that the EA as submitted is deficient without an analysis of the results from a tolled scenario modelling exercise and a robust examination of the impact of the 407 on the local road network in C/arington. This level of analysis is required in order to justify the interchange locations 810 REPORT NO.: PSD-010-10 PAGE 11 which serve the Bowmanville Urban Area between Regional Road 57 and Highway 35/115. 4.3.7 Alternatively, the Municipality would accept the elimination of the Darlington/Clarke Townline interchange within the planning horizon of the 407 EA, provided that a full movement interchange is located at Liberty Street and MTO guarantees that emergency access will be provided through the commercial vehicle inspection station on opening day. 5.0 WASHINGTON ROAD 5.1 BackQround 5.1.1 Washington Road is a local road that runs between Taunton Road and Regional Road 6 southwest of the hamlet of Solina. The portions of the road north of Taunton Road and south of Concession Road 6 are maintained year-round, but approximately 765 m in the middle is seasonally maintained, in very poor condition and impassable to agricultural equipment. 5.1.2 The 407 Mainline corridor cuts across the maintained portion of the road allowance. MTO currently owns the lands within the corridor and to the north and south. These lands are leased to a local farmer who operates an active agricultural operation. Agricultural access to the .fields is currently gained from Washington Road via Concession Road 6 (from the north). 5.1.3 The construction of the 407 Mainline will prevent access to the agricultural fields south of the highway. MTO will be unable to either lease or sell these lands for agriculture use unless access is provided, with the result the lands will become remnant parcels unnecessarily. 5.2 Previous Municipal Comments 5.2.1 The Municipality has previously requested MTO to revise the EA to include the improvement of that portion of Washington Road north of Taunton Road to a seasonal standard as a 407 project-related work. This work is necessary to maintain access to the agricultural fields south of the 407 Mainline. MTO responded that the 407 project team will not be seeking EA approval to carry out improvements to Washington Road north of Taunton Road. In their opinion, the presence of the 407 Mainline does not affect continued access to these agricultural fields and that, if and when such improvements are justified, they will be Clarington's responsibility. 5.3 ClarinQton's Comments to Ministry of Environment 5.3.1 Clarington agree with MTO that lIadditional discussions between Clarington staff and the 407 Project Team are necessary...in order to develop a common understanding of the future use of these lands. 11 811 REPORT NO.: PSD-010-10 PAGE 12 5! o a: o :;;: :li Cl z :s ~ ~ a: ..J <( Z o Ci UJ a: .;----l. ,. -.., o t5 a: <( z ::; o TAUNTON ROAD III ^' JJ --j At/rcf/ELL i , CORNERS9 ,__.J \...--. I I ' I i" I I , , Figure 4: Solina-Washington 5.3.2 The Municipality of Clarington is concerned that, without the requested improvements to Washington Road, the agricultural fields south of the 407 Mainline will become inaccessible to farm equipment and productive farm land will be unnecessarily taken out of production. The road has vertical inclines/declines that prevent agricultural equipment from accessing the field from the south portion of Washington Road. The Municipality is not requesting that the road be upgraded to year-round municipal standards. Rather, minor improvements to the vertical alignment and the clearing of overhanging vegetation in the seasonally maintained section along the road right-of-way is required to maintain access to the agricultural fields. 6.0 CULTURAL HERITAGE RESOURCES 6.1 BackQround 6.1.1 The 407 Project Team has previously provided Impact Assessment Reports to the Clarington Heritage Committee that identified the cultural heritage resources that will either be displaced or disrupted by the 407. General mitigation strategies were proposed based on the degree of impact and the nature of the resource such as landscape screening for heritage resources that will be disrupted, and a Cultural Heritage Evaluation Report for resources proposed to be displaced. 812 REPORT NO.: PSD-010-10 PAGE 13 6.2 Previous Municipal Comments 6.2.2 The Clarington Heritage Committee has identified 27 built heritage resources included in the Impact Assessment Reports that have been recorded in the Committee's Inventory of heritage buildings. The Heritage Committee has previously submitted comments to MTO with respect to the mitigative measures proposed for the built heritage resources that will either be disrupted or displaced by the 407 transportation corridor. 6.2.3 Of particular interest are the following eight built heritage structures that will be displaced by the 407. The Heritage Committee has recommended specific mitigative measures to the 407 Project Team for these resources: EM-03 5415 Solina Road H157 EM-21 5658 Setheseda Road H68 EM-23 5531 Setheseda Road H43 EM-25 5681 Acres Road H111 EM-41 H754 EM-21 5658 Setheseda Road H68 EDL-05 4825 Rundle Road H743 EDL-23 1909 Sloor Street H116 6.3 Additional Information Designated under the Ont. Herita e Act Primary Heritage Resource, on Munici al Re ister Primary Heritage Resource, on Munici al Re ister Designated under the Ontario Herita e Act 6.3.1 MTO has previously committed .that consultation with municipalities will be ongoing throughout subsequent design phases and will include discussions regarding displaced built heritage resources. On this basis, the Municipality of Clarington had advised' MOE that its concerns with respect to built heritage resources had been satisfied. 6.3.2 On December 14, 2009, the Municipality received a letter from MTO in response to the addition of 5531 Bethesda Road and 5681 Acres Road to the Municipal Register of properties of cultural heritage value or interest as non-designated heritage properties (Attachment 2). In the letter, MTO indicates that they are more than willing to share information, obtain municipal input and discuss mitigation strategies for cultural heritage resources. The letter also notes that the Province has ultimate responsibility for making the decision on the appropriate mitigation strategy and is not bound by the requirements under the Municipal Register. 813 REPORT NO.: PSD-010-10 PAGE 14 6.4 ClarinQton's Comments to Ministry of Environment 6.4.1 The Municipality of Clarington has previously advised MOE that its concerns with respect to MTO's treatment of cultural heritage resources to be affected by the 407 had been satisfactorily addressed. This position was based on MTO's response provided on November 18, 2009 in which they indicate "that consultation with municipalities will be ongoing through subsequent design phases and will include discussions regarding displaced built. heritage . resources..... and disrupted built heritage. II 6.4.2 The Municipality acknowledges the Province's authority to make final decisions with respect to built heritage resources affected by the Highway 407 extension. However, the December 14, 2009 letter does not provide the level of comfort that the Municipality requires in order to ensure that its concerns with respect to the mitigation of impact on affected heritage resources are given appropriate consideration. 7.0 CONCLUSIONS 7.1 Staff recommend that this report be approved as the Municipality's comments on the Environmental Assessment Notice of Completion for the 407 East Extension. After reviewing all comments submitted, the Minister may approve the EA without any changes, approve the EA with revisions, or refuse to approve the EA. A decision is anticipated in mid-2010. Should the EA be approved, the planning process for the project will be complete, and the implementation of the project will commence. 7.2 Staff will continue to liaise with MTO throughout the next phase and will continue to work towards resolving any outstanding issues where possible. Engineering Services staff will particularly be involved on behalf of the Municipality with respect to the phasing of the project (which is not part of the EA process) and with respect to any financial implications that the 407 project will have on the Municipality as it progresses. Staff Contacts: Janice Szwarz, Leslie Benson Attachments: Attachment 1 - Pages 108-113 of the Government Review Team Comment Summary Table Attachment 2 - Letter from Dan Remollino, MTO December 14,2009 814 REPORT NO.: PSD-010-10 PAGE 15 List of interested parties to be advised of Council's decision: Jeffrey Dea Dan Remollino, P. Eng. Doug Allingham, P. Eng. John O'Toole, M.P.P. Abe Afana Ron Armstrong Ann Ball Jim Ballentine Dorothy Barnett Fred Biesenthal Mark Bragg Mark Canning Jean-Maurice Cormier Walenty & Maria Cyrganowicx Yvonne Doorenspleet Rolf & Tanya Fabricius George Field Linda Gasser John Hammond William J. Hasiuk Mark Hawkins Dave Horner Karina Isert Jennifer Knox Jo-Anne McFarland John and Barbara Montague Denise Pickett Libby Racansky Hala Rawdah David & Bev Rogers Jim Slyfield Bradford Soles John Sturdy John Waters Ted Watson 815 I.. Table 1: Government Review Team Comment Summary Table .Proposal: Proponent: 407 East EA Ontario Ministry of Transportation ~",":: '; -mmW>'T'''':tt'0=-nP~''1'-''"7;;J~:;",-r-';'''P''''7~'''~:;;;I;J~~~;:'~~'''f~f4 ~S':"~'Hr'l7':"-;V~' fi.1.1 ";''I.~~='~=~ _r?rlfj~'.:i1iU~~,,,,~,~.,,,,;,,:,;~qj'\7~'~;"f'";gr-~,-";:-';;' "';--;;;--;'~c,?~,:,:p~",n;"",.w;,~p:):r0'{"f~;;]fr:jt~ ~.,'"~._ "'" 1/:11'''' il :"'fl..,?,1. ~ ii '~\"!~'!f~~!\.'l,; ;~,;",,,t:,.,,,;t''',,'.,, i. <>>& ~,.. "<(j"'",j,;,"' ;",.j," ',;'.,,;,:,n 'itLZ';-'.'I,"','I, ~.".:;! v.;:<~,->., ~ ~tt)i ~\0< .?;i,'1f"'~v~:S~i;.4' ~l ~ U1~ ..Lt~1JJ.-Ib); R~'I"~ ;&!.;J;~~"". t~.>t~~(,Ztt~ri94:-~ ~, ~{^-{ ~ ~f~i')7:~~i 1~ "j -~ '~~ f~ < ~', ..n"i;,-~ il~1;~' ~"';' ~ "jY ~iLy'~1-\;'(f~%1 ~~ '*~~~ v~~"~;t.K,,ttk ~ fM~r~~~itfuu~~~v-.,.h;"'}'~!~"~~~ ^"~ ,< ~0'i?f':'1,,~ ~ /<~ ~~~ &;,~*~ ~~;~~~6! ~y~\",~J::.fk~~~~'/:~lr~;~~:!~-.,1~i&tl>'~.t~~~:~ Municipality of Clarington 1. Clarington Energy Park and Courtice lndustrial Lands CD ..... The draft EA does not discuss the impact of the East Durham Link on the Clarington Energy Business Park and Courtice Industrial Park. The EA states that the East Durham Link transportation corridor "traverses Employment Lands" and then continues with the statement that . "The proposed corridor does not impact any designated area of commercial or institutional lands". The Employment Lands are zoned industrial Land Use and thus, technically are not Commercial or Institutional. However, the EA is not correct in stating that there is no socio-economic impact as the East Durham Link affects the Industrial/Commercial tax base of a> The EA does account for the footprint impacts of the Recommended Design on the Clarington Energy Business Park and the Courtice Industrial Park. While the freeway-to-freeway interchange and its associated works do result in a reduction in the available developable land in these two areas, the Recommended Design does provide enhanced access and exposure for these development areas. . The impacted section of the South Service Road will be reinstated as detailed on the Recommended Design plans at the Ministry's expense. Furthennore, the Ministry recognizes the potential opportunity to modify the road network in the Clarington Energy Business Park . throu h subse uent desim hases to This issue is outstanding. - 108 - -f o ::0 (1) '0 o ;::I.J \Jr cnii oc I : 0: ..... - og I _ ..... .. 0- Clarington. The Municipality of Clarington is disappointed that the draft 407 EA does not acknowledge the significant impact of the East Durham Link on the Clarington Energy Business Park and the Courtice Industrial Park. The EA should be revised to acknowledge the impact of the freeway-to-freeway interchange and its associated works on the area of developable land in these two areas, as well as the road netw'ork in the Energy Park. The EA should be further revised to indicate the construction of that section of Energy Drive near Solina Road as the Province's responsibility under the EA to replace the South Service Road. 2. Rundle Road and Holt Road The 407 EA submitted to MaE does not include the improvement of Holt Road between Taunton Road and Concession Road 6 to a year-round municipal standard. The construction of an overpass for Holt Road at the 407 Mainline is included in the EA submission. The discontinuation of Rundle Road CD -'" --.J consolidate sections of the South Service Road and Energy Drive. MTO's initial position regarding this This issue is outstanding. issue was that any improvements to Holt Road between Taunton Road and Concession Road 6 would be the responsibility of the municipality once the need and justification was realized. However, as noted in the response provided to this issue at the pre- submission stage, the Ministry is prepared to discuss this issue further durin - 1 09 - n011h of Taunton Road represents the loss of an imp0l1ant north-south connection within the Municipality's road network, and will create additional traffic impacts on the hamlets of Solina and Hampton. The reconstruction of the unimproved section of Holt Road to a year-round standard would help to mitigate the impact on the Municipality's road netv{ork and the two hamlets created by the discontinuation of Rundle Road. The length of Holt Road proposed for reconstruction (2 km) is approximately equivalent to the length of Rundle Road that will be lost. It continues to be the Municipality's position that the reconstruction of Holt Road to a full municipal standard between Taunton Road and Concession Road 6 should be included in the EA as a 407 East project-related work. . 3. Liberty Street Interchange CD The EA Report submitted to MOE does not indicate an interchange at Liberty Street and the 407 Mainline. The transportation model results do not reflect the decision that has been . taken on toJlin . Clarin on believes ...... CD subsequent design phases, including potential c<?st sharing arrangements. The traffic analysis undertaken as part of This issue is outstanding. the EA confim1ed that the interchanges ,at Regional Road 57 and Darlington-Clarke Townline could accommodate anticipated traffic volumes for the planning horizon 203 I . Furthermore, the Re ional Road -110- a tolled scenario transportation model will show that the local roads will he impacted. MTO.'s analysis shows than an interchange could be accommodated at Liberty Street by indicating "a future interchange at Liberty Street is not precluded". The interchange at Liberty Street is important from a network connectivity perspective. It will help to disperse projected traffic volumes on the approach routes to Highway 407 in the Bowmanville area, lead to lower traffic pressure on lower-order east-west roads, and help to alleviate high intersection turning movements along the Regional Road 57, Taunton and Liberty Street conidors. The Municipality's consultant's detailed comments on the review of the transportation model are provided in Attachment 2 to this report. On the basis of the above, the Municipality requests that the 407 EA be revised to indicate the construction of a full-movement interchange at Liberty Street and the 407 Mainline. a:> ~ c.D 57 interchange, situated approximately 2 km to the west of Liberty Street, has ample capacity to accommodate the predicted traffic volumes for the planning horizon. As a result, an interchange is not recommended at Liberty Street, at this time. A future interchange at Liberty Street is not precluded and could be implemented as part of a separate study approval process. A preliminary analysis of tolling indicates a tolled 407 ,viII attract less traffic than a non-tolled 407 but it still attracts traffic relative to the Do Nothing scenario. The potential diversion will be dependent on a number of factors that influence demand. The crossing road and interchange requirements were determined on the basis ofthe non-tolled scenario that was a conservative approach to ensure sufficient capacity was provided at the crossing road stmctures and interchange locations. ,-' -111- 4. Washington Road , The EA submitted to MOE does not include the upgrading of Washington Road as a project-related work. As well, the EA states that Washi1\gton Road is not a public right-of-way in the vicinity of the 407 corridor and therefore cul-de-sacs will not be provideq on this road north and south of the 407 corridor. The Municipality of Clarington is concerned that, without the requested improvements to Washington Road, the agricultural fields south of the 407 Mainline will become inaccessible to farm equipment and productive farm land will be unnecessarily taken out of production. The remnant parcel remaining on the south will be . inaccessible to farm equipment and should be included in the plan that is being developed for remnant parcels. 5. Cultural Heritage Resources ex> J\) o The EA submitted to MOE states that further investigation including the completion of Cultural Heritage Evaluation Reports will be required to determine the herita e value of The construction of the 407 Mainline will prevent access from Washington Road to the agricultural fields south of the highway. It should be noted that a paved Washington Road does not currently extend beyond the transportation corridor. As such, lands to the so1.lth may become land locked. The ministry will continue to explore opportunities to lease lands for agricultural purposes through its property acquisition process, including leasing properties to adjacent land owners. It is always our goal to ensure viable ,agricultural lands be maintained for those purposes. Alternatively, these parcels may be considered for environmental mitigation purposes, if suitable. Additional discussions betv...een Clarington staff and the 407 Project Team are necessary through subsequent design phases in order to develop a common understanding of the future use of these lands. Consultation with municipalities will be ongoing through subsequent design phases and will include discussions regarding displaced built heritage resources. This issue is outstanding. Satisfactory response. - 112 - affected heritage properties before rec.ommendations for mitigation can be provided. Specifically, resources that lie within the transportation corridor that are found to be significant would be considered for relocation, reuse, or for documentation and removal. The information provided in the EA does not include the mitigation options requested by the CHC for the heritage resources in Clarington as it appear the information is identical to that previously reviewed. The EA also does not indicate ifthe owners of the heritage properties have been contacted in regards to the proposed mitigation options. (X) I\) Accordingly, the Municipality .reiterates its recommendations that the majority of the structures to be displaced by the 407 be relocated, As for the properties that will be disrupted, a photographic record should be completed prior to the Highway's construction. . Attachment 3 provides the Municipality's detailed comments on each of the 27 heritage properties in Clarington that will be affected by the 407. As well, the Municipality would like to be consulted on the Cultural Herita e Evaluation Re orts and any proposed mitigation measures for affected heritage prope11ies in Clarington. During subsequent design phases, Cultural Heritage Evaluation Reports (CHERs) will be prepared for the built heritage resources that will be displaced by the Project. The reports will determine heritage value and identitY specific mitigation measures. Resources that lie within the transportation corridor that are found to be significant will be considered for relocation, or for documentation and removal. The EA Report includes a commitment to "Develop a 407 East Built Heritage Relocation Strategy in subsequent design phases" which will identified opportunities for relocation and/or adaptive re-use. Relocation and other strategies for heritage propelties will be dependent on a number offactors. CHERs will provide a basis to develop appropriate mitigation strategies. The owners of the built heritage resources to be displaced '",:ere contacted during the course of the study to advise them of the impacts to their properties. Proposed mitigation,options have not yet been discussed with stakeholders since the options will be detemlined through subsequent design phases and documented in the Cultural Heritage Evaluation Reports described above. SatisfactOlY response. Attachment 2 To Report PSD-010-10 Planning and Environmental Office Central Region 3rd Floor, Bldg. '0' 1201 Wilson Avenue Oownsview, ON M3M 1J8 Tel.: 416-235-5485 Fax.: 416-235-3446 Bureau de la planification et de I'environnement Region du Centre 3" etage, edifice 0 1201, avenue Wilson Oownsview, ON M3M 1J8 Tel.: 416-235-5485 Telae.: 416-235-3446 f'~ t? Ontario Ministry of Transportation Ministere des Transports I ~~.Ir~(CllK{;l~lIDl 11 ",0' '.' , " I ~> ,.. '.,: ' .' C December 14, 2009 I rnUN!C~~~J,L~Lt.f\' C':F CLi\Rt~\;G'fOf'J FLi.\N!'~II~G Dt?linT;V1E!~T .~":!I: Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 Attention: Isabel B. Little, MCIP, RPP Planner, Special Projects Dear Ms. Little: Re: 407 East Environmental Assessment (EA) Municipality of Clarington CommentsRe: Adding Properties to the Municipal Register of Properties of Cultural Heritage Value Ministry of Transportation Responses Your File No.: PLN 34.15.4 Thank you for your September 17, 2009 letter regarding a Staff Report recommending that the properties at 5531 Bethesda Road and 5681 Acres Road be added to the Municipal Register of properties of cultural heritage value or interest as non-designated heritage properties. The MTO owns both properties as they are required for the proposed future 407 East right-of-way (ROW). As part of the 407 East EA's Built Heritage Impact Assessment, these properties were identified as cultural heritage resources and as such will require a Cultural Heritage Evaluation Report (CHER). MTO appreciates Clarington recognizing their heritage value by proposing to add these properties to the Municipal Register. It should be clarified, however, that the Province has the ultimate responsibility for making the decision on the appropriate mitigation strategy and is not bound by the requirements under the Municipal Register. As part of the CHER, in addition to the determination of the appropriate mitigation strategy, there will be a description of the heritage attributes and a statement explaining the cultural heritage value or interest of the properties. MTO would be more than willing to share this information and obtain municipal input, as well as the recommendations on specific mitigation strategies for these properties, and any other properties identified within the ROW as having heritage value, prior to any action being taken. .. ./2 822 Hwy. 407 East EA Municipality of Clarington Comments on Heritage Properties Ministry of Transportation Reponses - Your File: PLN 34.15.4 December 14, 2009 I trust the foregoing comments are helpful and clarify the ministry's position. Should you have any questions or concerns, please do not hesitate to contact me. We look forward to your continued cooperation on this important initiative. c.c. Richard Unterman, Unterman McPhail Associated J. Dowell (MRC) B. Gotts (MRC) D. Allingham (AECOM) B. Jamieson (AECOM) D. Kemper (MTO) D. Proudfoot (MTO) 823 Clw:il1gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 18, 2010 Report #: PSD- 011-10 File #: PLN 7.11 By-law #: Subject: 2009 ANNUAL REPORT ON APPLICATIONS FOR PLANS OF SUBDIVISION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-011-10 be received; and 2. THAT the Region of Durham Planning Department be forwarded a copy of report PSD-011-10 and Council's decision. Submitted by: David Crome, MCIP, RPP Director, Planning Services Reviewed by; 0 ~ ~ Franklin Wu Chief Administrative Officer MH/CP/df/ah 12 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 824 REPORT NO.: PSD-011-10 PAGE 2 1.0 PURPOSE The purpose of this report is to provide an update of the subdivision activity that occurred during the 2009 calendar year within the Municipality; and to advise the Region of Durham Planning Department of the status of all plan of subdivision applications as of December 31,2009. Delegation of Subdivision Approval was accepted by the Municipality of Clarington October 1, 2001. Under the terms and provisions of the Memorandum of Understanding, the Municipality agreed to provide the Region of Durham with an annual statistical report on the following: · The number and status of draft plans of subdivision; and · The number and types of units approved and registered during the previous calendar year. Any residential development applications or approvals which occur outside of the Plan of Subdivision Approval process are not included in the tables, charts and calculations found in this report; they are included and summarized within a separate Site Plan Activity report to be prepared for Committee's review shortly. 2.0 EXECUTIVE SUMMARY · Three (3) new Plan of Subdivision applications were submitted in 2009, cons1sting of 166 dwellings units; · Three (3) Plan of Subdivision applications were granted Draft Approval in 2009, consisting of 477 dwellings units; · There were no Plans of Subdivision registered in 2009; · By year end, a total of 273 building permits were issued for residential units (this number also includes permits issued for residential units developed outside of the subdivision approval process); · There is approximately a 9% year supply of draft approved and registered residential units as of December 31, 2009 - based on a five year average of 636 building permits issued per year for new residential units; and · As of December 31, 2009, the distribution of unit type for all active Plan of Subdivision applications in various stages of the development process, consisted of 66% single detached units and semi-detached units, 20% townhouse (multi.) units and 14% apartment units; # Units Pro osed in New A lications # Units Draft A roved # Units Final Approved and Re istered 2008 o 1,991 443 2007 2,293 49 o 709 825 REPORT NO.: PSD-011-10 PAGE 3 3.0 STATUS OF ACTIVE PLANS OF SUBDIVISION Attachments 1 through 4 provide an inventory of all active plan of subdivision applications within various stages of the development approval process (received, draft approved or registered) as of December 31,2009. Each summary table corresponds to one of four defined areas within the Municipality of Clarington: . Bowmanville (Attachment 1) . Courtice (Attachment 2) . Newcastle (Attachment 3) . Hamlets and rural areas of Darlington and Clarke Townships (Attachment 4) 3.1 Plan of Subdivision Applications under review As of December 31, 2009, there were 15 Plan of Subdivision applications actively under review containing a potential 3,411 residential units; these proposed plans/units have not yet been granted Draft Approval, and are subject to change throughout the initial review process. Three (3) of the 15 Plans, comprising a total of 166 potential units, were submitted in the year 2009. Two (2) of the three applications were submitted for lands in Bowmanville and one (1) application was submitted for lands in Courtice. Seven (7) of the 15 Plans were revised and resubmitted in 2009 for further review by Staff -additional fees were collected for the revisions to those files which were inactive for many years. One (1) of the seven revised applications is a revision to a Plan of Subdivision denied by Council, which was appealed to the Ontario Municipal Board by the applicant. Table 2 shows the geographic distribution of all proposed residential units actively under review, as of December 31,2009. It would appear that 62% of all proposed units under review in Clarington are located in Bowmanville. Table 2 Distribution of Proposed Units by Geographic Area (for active files under revIew as of Dec. 31 2009J Geographic Single SemilLink Townhouse Apartment Total # % Area Units Bowmanville 475 20 651 957 2,103 62% Courtice 186 2 54 0 242 7% Newcastle 424 416 190 0 1,030 30% Hamlet/Rural 36 0 0 0 36 1% Total 1,121 438 895 957 3,411 100% Figure 1 illustrates the distribution of all proposed units actively under review, by unit type. The dominant unit type among all proposed Plans of Subdivision under review in Clarington by year end 2009 is the single detached dwelling. Single detached dwellings 826 REPORT NO.: PSD-011-10 PAGE 4 accounted for 65% of proposed units in 2007, 41% of proposed units in 2008 and now 33% of proposed units in 2009. It would appear that in recent years, the distribution of units proposed among each dwelling unit type has become more balanced. It should be noted, however, that the increase in medium density unit types in 2009 is mainly due to the revised Port Darlington Plan of Subdivision application. It accounts for 11 % of all townhouses, and 74% of all apartment units proposed as of December 31, 2009. Figure 1 Distribution of Proposed Units by Type (for active files under review as of December 31, 2009) Single / Detached 33% Apartment 28% Semi- Detached 13% Townhouse (Multi.) 26% 3.2 Draft Approved Plans of Subdivision As of December 31, 2009, there were 35 active Draft Approved Plan of Subdivision applications, or portions thereof, having a total of 5,181 residential units3, which had not yet been included within a registered Plan of Subdivision. Three (3) Plan of Subdivision applications were granted Draft Approval in 2009, comprising of 235 single detached units, 148 semi-detached/link units and 94 townhouse (multi.) units. Two (2) of the three Draft Approved Plans in 2009 are located in Courtice and one (1) is located in Bowmanville. Table 3 shows the geographic distribution of all Draft Approved units which had not yet been registered, as of December 31, 2009. Approximately 65% of all Draft Approved units are located in Bowmanville. Figure 2 illustrates the distribution of all Draft Approved Units not yet registered, by unit type. A total of 53% of all Draft Approved units within Clarington are Single Detached units - this was also the case in 2008. 827 REPORT NO.: PSD-011-10 PAGE 5 Table 3 Distribution of Draft Approved Units by Geographic Area (for active flies as of Dec. 31. 2009) Geographic Single Semi/Link Townhouse Apartment Total # % Area Units Bowmanville 1553 444 684 710 3,391 65% Courtice 490 100 112 50 752 15% Newcastle 608 85 0 250 943 18% Hamlet/Rural 95 0 0 0 95 2% Total 2,746 629 796 1,010 5,181 100% Figure 2 Distribution of Draft Approved Units by Type (for active files as of Dec. 31, 2009) Apartment, 20% \ Townhouse" (Multi.) 15% Single Detached 53% Semi- Detached 12% 3.3 Reqistered Plans of Subdivision By December 31, 2009, there were a total of 35 registered plans that remained active, whereby there exists 1,041 vacant lots for which building permits can still be obtained. By year end, 35% of the total number of lots within active registered plans remained vacant. In the 2009 calendar year, there were no Plans of Subdivision registered within Clarington. Table 4 shows the geographic distribution of all registered lots which remain vacant as of December 31, 2009, and for which building permits can be obtained (includes part lots). In total, 43% of all vacant registered lots are located in Bowmanville, 37% are located in Courtice, 17% are located in Newcastle Village and only 3% are located within Hamlets and Rural Areas. Figure 3 illustrates the distribution of all units -within active registered plans as of December 31, 2009, by type. It would appear that 74% of all units within active registered plans are single detached dwellings. By year end, the single detached dwelling remains the dominant dwelling type within active registered plans in Clarington. 828 REPORT NO.: PSD-011-10 PAGE 6 Table 4 Distribution of Registered, Vacant Lots by Geographic Area (for active "Ians as of Dec. 31, 2009) Geographic Single Semi/Link Townhouse Apartment Total # % Area Units Bowmanville 363 64 18 0 445 43% Courtice 189 88 111 0 388 37% Newcastle 116 50 12 0 178 17% HamleURural 30 0 0 0 30 3% Total 698 202 141 0 1,041 100% Figure 3 Distribution of Registered Units by Type (for all active plans as of December 31, 2009) Townhouse ________ (MultL) ~ 9% - Single Detached 74% 4.0 HOUSING TARGETS The Municipality of Clarington Official Plan states that the Municipality will ensure an adequate supply of housing on a municipal wide basis by maintaining a minimum of a 3 year supply of residential land in combination of draft approved and/or registered plans of subdivision and condominium. In addition, the Official Plan indicates that the Municipality seeks to achieve a mix of housing types within each urban community - Bowmanville, Courtice and Newcastle. 4.1 HousinQ Supplv Table 5 demonstrates the overall supply of residential units within Clarington by calculating the total number of units which have been Draft Approved and not yet registered, as well as those units within registered plans which have not yet been built as of December 31, 2009 (Please note that proposed units within Draft Plans which have not yet been approved were not included in these calculations, as they can be revised at any time during the review process). 829 REPORT NO.: PSD-011-10 PAGE 7 Status Single SemilLink Townhouse Total # Units Registered Units 698 202 141 0 1,041 on Vacant lots Draft Approved 2,746 629 796 1,010 5,181 Units (not yet re istered Total 3,444 831 937 1,010 6,222 - '. ..',,- :~!~~r:: ! When reviewing the historical comparison of building permits issued, the five year average (2005-2009) for residential growth within Clarington is approximately 636 residential units per year. Using this assumption, as of December 31, 2009, the Municipality will have an approximate 9% year supply of Draft Approved units and registered units on vacant lots. When using the ten year average (2000-2009) for residential growth (703 units per year), the Municipality will have an approximate 8 % year supply. In 2009, a total of 273 building permits were issued for new residential units within Clarington - representing less than half of the 593 permits that were issued in 2008 for new residential units. The Building Permit Activity report prepared by Regional Planning Department on December 1, 2009 noted that "there were 2,586 housing starts in the Region by the end of September 2008, compared to 1,152 starts for the same period in 2009." The significant decline of new home construction in 2009 has not only been a reality for Clarington, but also for the Region as a whole. 4.2 HousinQ Mix Table 6 compares the targeted housing mix, as set out in the Official Plan, to the actual housing mix within all active plans in all stages of the approval process as of December 31,2009. . M;x.o;iI~~~i:ifi~Y~~o/~fA~~~~t!~Vi!;~r~~'~\ Housin T e Tar. et Actual Sin Ie Detached and Semi-Detached 70% 66% Townhouse Multi. 20% 17% A artments 10% 17% There appears to be a slight deviation from the actual and the targeted housing mix. The actual mix has a slightly higher number of apartment units and a lower number of ground-related single detached and semi-detached dwelling units than the targeted mix. While the Municipality is experiencing an increase in multiple-unit and apartment housing forms, they are largely concentrated in three areas of Clarington: the Bowmanville West Town Centre, the Port of Newcastle and Port Darlington areas. 830 REPORT NO.: PSD-011-10 PAGE 8 There has been some reluctance from the development community for providing a greater mix of unit types within proposed neighbourhoods within Clarington. 5.0 CONCLUSION Bowmanville continues to confirm its status as the dominant urban centre of Clarington, by accounting for 62% of all proposed residential units under review, and 65% of all draft approved units by December 31,2009. As anticipated, Clarington is beginning to see a greater variety of housing types within proposed Plan of Subdivision applications, which appears to fall in line with recent Provincial and Regional policies that encourage a more compact form of residential development and an efficient use of infrastructure. The single detached dwelling continues to be the dominant housing form within proposed plans, however in more recent years, alternative housing forms such as apartment units and townhouse units have become more prevalent and the distribution of housing forms among all proposed plans in Clarington is much more balanced. Although there were few new applications received in 2009, the Municipality received revised submissions for nearly half of the proposed plans actively under review for further consideration. Based on pre-consultation meetings held in 2009, two (2) new Plan of Subdivision submissions are anticipated for 2010. Similarly in 2009, draft subdivision agreements have been prepared for six (6) draft approved plans and as the economy continues to improve, a number of these draft approved plans are expected to be registered in 2010. Based on the current number of Draft Approved units and registered units on vacant lots, Clarington continues to maintain a good supply of housing (9.5 years) well above the minimum 3 year supply as required by section 6.3.16 of the Official Plan. Overall, the Municipality has continued to implement the housing targets throughout 2009. Staff Contact: Meaghan Harrington Attachment 1 - Subdivision Activity Report - Bowmanville Urban Area Attachment 2 - Subdivision Activity Report - Courtice Urban Area Attachment 3 -Subdivision Activity Report - Newcastle Urban Area Attachment 4 - Subdivision Activity Report - Rural Areas and Hamlets List of interested parties to be advised of Council's decision: Regional Municipality of Durham, Planning Department 831 BOWMANVILLE URBAN AREA SUBDIVISION ACTIVITY REPORT - STATUS DECEMBER 31.2009 APPLICATIONS SUBMITTED MUNICIPAUTY OF CLARINGTON DATES RESIDENTIAL UNITS - FROM PROPOSED PLAN RESIDENTIAL PART LOT UNITS _ FROM PROPOSED PLAN TOTAl. NAME Deemed Red Line Other PLAN FileNo. Lot Con. Comnlete Revisions Slno'e Semi Multi. AnI. (beds) Total Units Slnale Semi Muttl. AnI. other (beds) Total UnKs UNITS William Tonno Construction Limited 1 BT -95027 15 2 03/27/95 12115109 122 233 355 0 355 Port Darlinaton Land COl'Doration S-C-2002-0002 51617/8 BFC 06110102 12111109 102 707 B09 0 B09 Far Si ht Investments Limited S-C-2OOS-0002 7 1 09/15105 06109/09 273 26B 541 0 541 829426 ontario loe S-C-2007-OO10 15116 1 10105107 250 250 0 250 Green Martin Holdinas Limited S-C-2009-0002 17 1 ~ 12 20 32 0 32 lambs Road School Prooertv Limited S-C-2009-0003 7 2 - 68 48 116 0 116 Total Units ...1!!L DRAFT APPROVED MUNICIPALITY OF CLARINGTON DATES RESIDENTIAl. UNITS - FROM DRAFT PLAN RESIDENTIAl. PART LOT UNITS - FROM DRAFT PlAN TOTAL NAME Draft Red Line other PlAN FileNo. Lot Con. Annroval Revisions Slnole Semi MulIt. AnI (beds) Total Untls Slnale Semi MuKt. AnI. Other (beds) Total Unns UNIT~ Towchester Devek)Dfnent (Vafiant Prooertv Manaoement 18T-82037 11/12 2 OJ/07189 D. /10100 112 112 u 112 Halloway HOldings Ud. (Valiant Prooertv Manaaement 18T-870B7 12 2 02/23190 091ll6107 15 15 0 15 B06806 Ont. Ltd. 18T -670B9 13/14 2 01102191 23 10 49 82 1 1 83 West Bowmanville Developments 18T -68046 15116 1 02121/91 12111101 271 271 0 271 Lineoln HOldings 18T-89021 12 2 10/10190 45 4. 0 45 Headaate Developments 18T -69044 12 2 09/19190 12104107 21 2B 25 74 1 1 75 Donald Prins (In Trust) 18T-B9070 11 2 07111/97 09l22I05 48 48 0 48 Headgate Investments 18T-90043 14 2 03110/97 2 34 J6 0 36 Green-Martin HOldings (The Kattlln Group) 18T-900s1 17 1 11122/05 08105109 2 42 201 245 3 6 9 254 Home Land Development Group umited 18T-92004 10 2 02/031ll6 33 14 47 3 3 50 Marchetti & OeMlnico lBT-95030 9 2 08119/96 118 42 32 192 8 8 200 Ankara Realty Ltd S-C-2OO5-0001 10 1 ll6I26lll6 04102107 1 95 "" 0 96 Municipality of Clarington S-C-2Q05-0005 13 1 05112/08 19 19 0 19 2084165 Ont. LId. S-C-2OO7-0004 13/14 3 06/19108 855 52 267 126 1;KJU 0 1300 Kemo & Cam.Jthers S-C-2OO7 -0005 12 2 06/23108 290 74 364 0 364 West DIamond Prooerties Inc. S-C-2004-0004 17 2 12110109 181 148 94 423 0 423 Total Units ....B!L REGISTERED PLANS NAME MUNICIPALITY OF ClARINGTON DATES RESIDENTIAl. UNITS - FROM REGISTERED PlAN FileNo. Lot I Con. M-p'an Realslered Sliiiiie Semi Townhouse Al> rtment Part Lot TOTAl. 0\81 Unn Permits Issued Total Unn Permtts Issued Total Unn Perm"" Iss_ Total UnKs Pennits Issued Total Units Permits Issued Tota' Un"" Permits Issued Vacant Inlracorp (l berty Crosslna) 18T-67021 11 2 40M-2296 02/031ll6 182 172 182 172 10 Intracorp (lIberty Crossina) 18T-87021 11 2 4OM-2341 01/27107 102 92 102 92 10 Carruthers (Halmlnem Homes 18T-87085 13/14 2 4OM-226 08119105 24 17 2 26 17 9 Carruthers (Halmlnem Homes 18T-87085 13/14 2 4OM-227 10128105 3 3 44 30 47 33 14 Hallowav Holdlnas Ltd. (Valiant Prooertv Manaaement 18T-87087 12 2 4OM-236 11/20107 187 86 187 86 101 806806 Ontario Limned 18T-87089 13/14 2 4OM-233 121141116 136 60 136 60 76 Veltri & Son 18T-88051 13 2 4OM-224 03109/05 45 44 45 44 1 Elram Development Corporation - Phase 6 1 BT.89041 10 2 40M-238 11/19108 59 10 59 10 49 DanlelsICor1>o (Kanlln Group) lBT-90032 17 1 4OM-212 11105102 8 6 15 15 23 21 2 ermont Village Homes Umtted - NaD_ Phase 4 18T-90036 10 2 4OM-233 10/19106 97 68 178 140 48 35 323 243 80 DartlnQton Green (The KaKlln Grouol 18T-90051 17 1 4OM-237 06118108 144 73 144 73 71 Faimaven Investments Inc. 18T-93008 11/12 1 4OM-2294I 011261116 106 104 106 104 2 Mearns east Developments Inc. - Dunburv Meadows 2 18T-95005 8 2 4~~ 08107/96 12 9 32 30 40 35 1 85 74 11 Penwest Doveloamenl Limned 18T-97003 9 1 40M-2 07105102 40 39 40 32 1 1 81 72 9 Total UnItS 1546 1101 445 -S-C-2009-0002 & S-C-2009-0003 were received DeceMber 24.2009 and are being reviewed for compIe\ene.. -f o ;;U (I) "0 o ::1) "'Or enD 9~ .....= ~ti ~;: o (Xl tv I\) COURTICE URBAN AREA SUBDIVISION ACTIVITY REPORT - STATUS DEC. 31. 2009 APPLICATIONS SUBMITTED MUNICIPALITY OF ClARlNGTON DATES RESIDENTIAL UNITS - FROM PROPOSED PlAN RESIDENTIAl PART LOT UNITS - FROM PROPOSED PLAN TOTAL NAME Deemed Red line Other PLAN FileNo. Lot Con. Complete Revisions Sinole Semi Multi. ApI. (beds) Total Un"s Sinole Semi Multi. ADl. Other (beds) Total Units UNITS !William lonno Construction Limited 18T-89055 32 3 05117/89 06130109 53 2~ n 0 77 Kinasberry PronArties 18T-9OOO3 31 3 01118/90 06130109 ~O 30 70 0 70 Bonnydon Limited 18T-9OO22 30 2 04/23190 07107/92 15 15 5 2 7 22 ourtice Woods S-C-2oo3-0001 ~ 2 11/21103 10/13109 55 55 0 55 HeaMate Oevelonments limited S-C-2009-0001 27 3 18 18 0 18 Total Units 2~2 DRAFT APPROVED MUNICIPALITY OF CLARINGTON DATES RESIDENTIAL UNITS - FROM DRAFT PLAN RESIDENTIAL PART LOT UNITS - FROM DRAFT PLAN TOTAL NAME uran Heo Lme other PLAN FileNo. Lot Con. Approval Revisions Single Semi Multi. AllI. (beds) Total Units Single Semi Multi. APt. Other (beds) Total Un"s UNITS Ricl1ard Gay 18T-8806O 29-30 2 08/2~/96 04/26/99 1 16 17 1 1 18 ourtice Heights 18T-9201~ 27 3 07/28/99 3 6 9 ~ 4 13 Courtice Heights 18T-94027 28 3 07128/99 79 72 151 1 1 152 2891~3 Ontario lid. 18T-95023 33-34 1 10104/96 5 50 55 0 55 708545 Ontario Ltd. 18T-95028 31-32 2 12/23/99 6/26/2008 188 37 225 6 6 231 First Tech Mechanical S-C-2oo1-ooo2 31 2 10104107 3 9 12 0 12 Prestonvale Heights Limrted S-C-2oo7-ooo7 34 2 11112108 90 66 156 0 156 708545 Ontario Lim"ed S-C-2oo7-0009 15-16 1 06/26108 61 61 0 61 Headgale Group Inc. S-C-2004-ooo2 27 3 07/21109 23 23 0 23 ourtice Homestead Land S-C-2OO7 -0002 30 3 11/27109 31 31 0 31 Total Units 752 REGISTERED PLANS NAME MUNICIPALITY OF ClARlNGTON DATES RESIDENTIAL UNITS - FROM REGISTERED PLAN FileNo. Lot Con. M-P1an Reaistered Sinrn.s Semi Townhouse Apartments Part Lot Total Irotal Units Permits Issued Total Units Permits Issued Total Units Pennits Issued Total Units Pennits Issued Total Units Pennits Iss"'" Total Units Pennils Issued Vacant Lots Stolp (Robinson Ridge) 18T -89037 35 1 ~OM-2201 06/28103 90 87 90 87 3 Courtice Heiohts 18T-9201~ 27 3 ~OM-2364 12104107 77 22 2~ ~ 101 26 75 891~3 On1ario lid. IFreedman) 18T-95023 33-34 1 ~OM-2178 11/28103 137 130 30 30 167 160 7 891~3 Ontario Ltd. {Freedman 18T-95023 33-34 1 ~OM-2353 .06101107 ~5 39 14 14 59 53 6 89143 Ontario Ltd. (Freedman 18T-95023 33-34 1 ~OM-2361 11I06I07 35 24 94 28 96 217 52 165 Prestonvale HeiGhts limited 18T-95026 33-34 2 ~OM-2148 05107103 167 1~2 18 6 ~2 29 227 1n 50 Black Creek Develooments 18T-95029 29-30 3 ~OM-2317 07105106 23 18 23 18 5 1370304 Ontario Ltd. Mclellan Court) 18T-96012 32-33 3 ~OM-2349 03115107 16 9 16 9 7 Black Creek Develooments S-C-2006-0oo1 29 3 ~OM-2384 09I08I08 48 13 ~8 13 35 Prestonvale Road Land C~. 5-C-2007 -0003 32-33 2 40M-2391 12/11108 55 25 5 60 25 35 Total Units 1001 120 311 CD W W -I o .::0 (I) "0 o ;::J.)> "'0:::: C/)11) 00 I :::r ~3 .......(1) I :J .......- o I\,) NEWCASTLE VILLAGE URBAN AREA SUBDIVISION ACTIVITY REPORT - STATUS DECEMEBER 31. 2009 APPLICATIONS SUBMITTED MUNICIPALITY OF CLARINGTON DATES RESIDENTIAL UNITS - FROM PROPOSED PLAN RESIDENTIAL PART LOT UNITS - FROM PROPOSED PLAN TOTAL NAME Deemed Red Line Other FileNo. Lot Con. Complete Revisions Single Semi Multi. Apt. (beds) Total Un~s Single Semi Multi. Apt. Other (beds) T otal Un~s Plan Units Smooth Run Developments S-C-2005-003 27-28 2 09/22105 05I06I09 304 323 110 737 0 737 Brookfield Homes S-C-2005-004 27-28 2 09/22105 05106109 120 93 80 293 Ii 293 T olal Units 1030 DRAFT APPROVED MUNICIPAUTY OF CLARINGTON DATES RESIDENTIAL UNITS - FROM DRAFT PLAN RESIDENTIAL PART LOT UNITS - FROM DRAFT PLAN TOTAL NAME uran treifUne file No. Lot Con. Approval Revisions Single Semi Mutti. Apt. Other Total Units Single Semi Multi. Apt. Other (beds) Total Un~s Plan Units Foster Creek Developments Ltd. 1 8T -89059 29-30 2 04/12107 5BO 85 665 665 Kaitlin Group 18T-96013 29-31 BFC 12109197 06/22106 250 250 250 Patricia J. Steohenson C-2007 -000 31 2 OBl19/08 28 28 28 Total Units 943 REGISTERED PLANS NAME MUNICIPALITY OF CLARINGTON DATES RESIDENTIAL UNITS - FROM REGISTERED PLAN FileNo. Lot Con. M-Plan Registered Singies Semi Townhouse Apartments Part Lot Total Total Units Pennils Total Units Pennits Issued Total Units Pennits Issued Total Penn~s Total Units Pennits Issued Total Units Penn~s Issued Vacant Lots I......... II~". I..._~ Kait1in Group 18T-91004 29-30 BFC 4OM-2253 05131105 12 12 0 12 Port of Newcastle Phase 2 stage 1 18T-96013 29-30 BFC 4OM-2303 02JOBlO6 81 n 81 77 4 Port of Newcastle Phase 2 18T-96013 29-31 BFC 4OM-2327 09/25106 48 21 22 8 70 29 41 Port of Newcastle Phase 2 West Stage 3 18T-96013 29-30 BFC 40M-2373 03118/08 58 11 36 94 11 83 Port of Newcastle Phase 2 West Stane 4 18T-96013 30 BFC 4OM-2375 05/16108 38 38 0 38 Total Units 295 117 178 ex> w ~ -I o ::u (I) "0 o ::I.)> '"tI= enm 00 I :T ~3 .....(1) I :J .....- OW RURAL AREAS & HAMLETS SUBDIVISION ACTIVITY REPORT - STATUS DECEMBER 31. 2009 APPLICATIONS SUBMITTED FileNo. 18T-86017 18T-89012 51 Ie 10 26 Total Units 10 26 Total Units o o Total Units PLAN UNITS 10 26 38 Moffatt Rowan Township! Hamle Clarke Darti on DATES m ~mplete 03105186 lJ.4101105 Ine Revisions 03118/88 Single TOTAL NAME DRAFT APPROVED MUNICIPALITY OF CLARINGTON DATES RESIDENTIAL UNITS - FROM DRAFT PlAN RESIDENTIAL PART LOT UNITS - FROM DRAFT PlAN TOTAL NAME oran Red Uno FileNo. Lot Con. Townshlp/ Hamiel Approval Revisions Single Semi Multi. Aol. Other (beds) Total Units Slnale Semi Multi. Apt Other (beds) Total Units PlAN UNITS Schwarz 18T -86009 22 2 DaJ1lnnton 7 f -0 7 Quadrilllum 18T -87083 8 1 Newtonvllle 08105192 28 28 0 28 Clarke 18T-89007 1 1 Clarke 07/21/92 19 19 0 19 Ven.ri 18T -89048 7 1 Clartre 05/17105 19 19 0 19 ReldlRevnaert 18T-90001 15 7 Clarke 06112/92 14 14 0 14 Barr Develo""""'nts S-C-2006-0002 27 SF Clarke 9/9/2008 8 8 8 Total Units 15 REGISTERED PLANS MUNICIPALITY OF CLARINGTON DATES RESIDENTIAL UNITS - FROM REGISTERED PLAN NAME Apartments FHa No. Lot Con. Townshlp/ Hamlet Registered M-Plan Singles Semi Townhouse Part Lot Total Total Untls Permits Issued Total Units Permits Issued TotalUntts Permits Issued ToIal Units Permits Issued Total Units Pennlts Issued Total Units Pennlts Issued Vacant Lots Hemlna 18T-86012 9 7 Clarke 12/12/07 40M-2365 7 5 7 5 2 Van Andel 18T-87078 15 3 Oartlngton 11107105 4OM-2279 6 3 6 3 3 Westlake 18T -89038 25 6 Solina 11106/97 40M-1897 40 35 40 35 5 Venri 18T -89048 7 1 NewtonYille 10101107 4OM-2357 20 10 20 10 10 Allin 18T-94008 19 2 Clarke 06102/05 40M-2255 21 12 21 12 9 1419345 Ontario Ud. S-C-2002-OO1 11 1 Newtonville lJ.4/18105 40M-2248 7 8 7 6 1 Total Units 101 71 30 CD W U1 -; o ;;0 CJ) 1:1 o ~) "'U... roii O~ I - ....= ....= ....(1; , :::l .... - O-ll Cl!![mgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday January 18, 2010 Report #: PSD-012-10 File #: RE 9.3, RE 6.9.11 and RE 6.9.4 By-law #: Subject: EXCHANGE OF LANDS WITH CLOCA, BOWMANVILLE V ALLEYLANDS AND LONG SAULT CONSERVATION AREA RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-012-10 be received; 2. THAT the property being Parts 1, 3, 4 and 5, Plan 40R-14254, former Darlington Township, Roll Number 181701011022800, approximately 57.5 ha, in the Long Sault Conservation Area be DECLARED surplus; 3. THAT the Mayor and Clerk be authorized to sign the attached by-law on behalf of the Municipality declaring Parts 1,3,4 and 5, Plan 40R-14254 as surplus; 4. THAT the property be conveyed to the Central Lake Ontario Conservation Authority in exchange for 8 properties set out in Schedule 1 in Attachment 1 attached to this report, approximately 45 ha in the Bowmanville Urban Area, along the Bowmanville valley; 5. THAT the Municipality of Clarington will be responsible for the nominal costs associated with the disposal of the Long Sault Conservation lands including, but not limited to, the cost of any public notices or advertising, land transfer tax, survey costs, legal fees and registration costs; 6. THAT CLOCA would be responsible for the nominal costs associated with the disposal of the valleylands including, but not limited to, the cost of land severances, easements, land transfer tax, survey costs, legal fees and registration costs; 7 . THAT the Mayor and Clerk be authorized to execute all documents necessary to register required easements and convey the lands to the Central Lake Ontario Conservation Authority providing they are to the satisfaction of the Municipal Solicitor; 836 REPORT NO.: PSD-012-10 PAGE 2 8. THAT the Mayor and Clerk be authorized to sign the attached by-law on behalf of the Municipality to execute the land exchange offer from the Central Lake Ontario Conservation Authority for the lands in the Bowmanville Valley; and 9. THAT all interested parties listed in Report PSD-012-10 and any delegations be advised of Council's decision. Staff Contact: Faye Langmaid Reviewed by: O~~ Franklin Wu, Chief Administrative Officer FL/DC/sn 12 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 837 REPORT NO.: PSD-012-10 PAGE 3 1.0 BACKGROUND 1.1 The Central Lake Ontario Conservation Authority (CLOCA) approached the Municipality of Clarington with the concept of transferring the lands that the Municipality owns within the Long Sault Forest and in proximity of the Long Sault Conservation Area in exchange for eight parcels of land (Schedule 1) that are owned by CLOCA in the Bowmanville Valley (Attachments 1 and 2). 1.2 On March 2,2009 Council confirmed the recommendation in PSD-021-09 being: THAT the land exchange proposed by the Central Lake Ontario Conservation Authority be APPROVED in principle; THAT Staff be directed to take all necessary action to resolve the outstanding issues surrounding the long-term use of the landfill north of Longworth Avenue and erosion control/monitoring of the Bowmanville Creek south of Longworth Avenue; THAT a further report be brought back to Council with the details of the land exchange. 1.3 The purpose of this report is to address the issues regarding the landfill, erosion and ongoing operations. In addition the details regarding the land exchange are outlined. 2.0 COMMENTS Bowmanville Valley Lands 2.1 In PSD-021-09 staff recommended that the former landfill site north of Longworth not be included in the land exchange but rather left in CLOCA ownership. CLOCA are willing to provide a right of access and easement for a future trail system, should it be required and this can be registered as an easement over the property rather than requiring a lease agreement with CLCOA at a future date. In exchange, the Municipality will provide an access easement across our lands (the strip between Longworth and the landfill) to CLOCA for maintenance purposes. 2.2 The Engineering Services Department and Operations Department identified a number of issues they wished to have addressed being: . The erosion of the Bowmanville Creek south of Longworth at the base of Don Morris Court . The erosion of the Bowmanville Creek south of Longworth Avenue in the vicinity of Jackman Road, the area adjacent to Linden Lane and the area north of Longworth Avenue in the vicinity of the landfill . The capital costs for erosion control repair works . The slumping of the top of the creek bank in the vicinity of municipally owned lands fronting on Munday Court 838 REPORT NO.: PSD-012-10 PAGE 4 · The ongoing maintenance and operation costs for additional valleylands within the urban area · Future Alignment of boundary Road (Manvers/Darlington) · The potential for claims from private home owners for loss of lands to natural processes along the Bowmanville Creek. 2.2.1 The. erosion control works at the foot of Don Morris Court was carried out by the developer as part of the subdivision agreement; a more detailed examination of the area in the spring will be required to determine if the slopes have stabilized and the bio- engineering is performing as anticipated. The erosion works are guaranteed for a year and Engineering Services Department are holding securities for the subdivision works. Indicates 2 stage erosion control works. 2.2.2 CLOCA has been monitoring the erosion and have carried out a number of bio- engineering works along the Bowmanville Creek. These works consist of a two-stage erosion protection works, there is armouring (concrete and armour stone) within the bank, that is now covered with vegetation and not visible. The front line defense is vegetated rip rap and crib walls. Some of these have been scoured by ice and require additional stone, soil and replanting which CLOC is willing to assist with (see Attachment 3). 839 REPORT NO.: PSD-012-10 PAGE 5 2.2.3 The capital cost for erosion control repair works much like road works will have to be budgeted for as part of the overall capital budget. However, the erosion control works, especially in the area of the Longworth Bridge are necessary for the long-term integrity and structural stability of the bridge. Regardless of whether the Municipality owns the valleylands, the Municipality would want the erosion works to be maintained to protect both the infrastructure investment in the bridge and road works and the subdivisions that the Municipality has approved. If the valleylands are left in the hands of the Conservation Authority as per the mandate of the CA, the natural processes of the creek being erosion and deposition will be allowed to evolve. AREA OF SLUMPING 2.2.4 The slumping of the top of the creek bank in the vicinity of municipally owned lands fronting on Munday Court has stabilized and been vegetated over. As the creek meanders back and forth within its valley, it may again at sometime in the future begin to undercut this bank; this is a natural process. There is sufficient land at the top of the bank to allow for this natural process to continue. 2.2.5 The ongoing maintenance and operation costs for additional valleylands compared to other parkland is less costly to maintain than sports fields and horticultural parks. The major cost would be the ongoing trail maintenance once they are developed. However, additional funds should be allocated as part of the ongoing parks operation budget to address this additional acreage in the urban area. Specifically, Operations advise that additional costs will be incurred for signage, inspection, flood damage repair, erosion 840 REPORT NO.: PSD-012-10 PAGE 6 and hazard abatement including the removal of trees abutting private property that are damaged by storm events. 2.2.6 The potential for claims from private home owners for loss of lands to natural processes along the Bowmanville Creek, regardless of valleyland ownership are a possibility. The Municipality has followed standard practices pertaining to residential development along water courses. The Municipality, having granted approval for the subdivisions albeit in concert with the conservation authority, would most likely be named in any proceeding regardless of ownership. 2.2.7 The potential future realignment of Boundary Road is unlikely, however, in the event that works are required CLOCA has advised that they "would not anticipate any problems with a realignment provided it was to existing standards (i.e. 2 lane existing surface) and met the requirements of the Oak Ridges Moraine Conservation Plan Section 41 (2) and (3). LonQ Sault Lands 2.3 The Long Sault Lands include a red pine plantation that the Municipality is not actively managing and is showing signs of stress that needs to be addressed by an ongoing thinning program. The Conservation Authority owns approximately 1300 acres within the Long Sault Conservation Area and the thinning of red pine stands is part of their overall forest management program. The Conservation Authority land holdings lie between Regional Road 20 and the Clarington/Scugog boundary road and as far west as Grasshopper Park Rd. Immediately to the north in Scugog Township is the East Cross Forest which currently totals 1100 acres, bringing together with Long Sault 2400 acres of contiguous lands within the core natural area of the Oak Ridges Moraine. The Oak Ridges Trail Association (ORT A) have developed an off-road portion of their trail through the Municipal lands at Long Sault with our oversight and agreement. The Conservation Authority has a working relationship with ORT A for other portions of their trail. The portion of the trail on the land being transferred can be added to the CLOCAlORTA agreement. Should the Conservation Authority wish to dispose of the lands at Long Sault or cease to exist, provision will be made for the ownership of this parcel to revert to the Municipality. Appraised Value 2.4 Typically when the Municipality is purchasing or disposing of property, it is done so based on an appraised value. In this case the lands being exchanged have limited value on the open market because of their designation as environmental protection in the Official Plan and Zoning By-law. The respective acreages are 57.5 ha for Long Sault and 45 ha for Bowmanville Valley lands on 8 properties. In addition, the exchange is between two public 841 REPORT NO.: PSD-012-10 PAGE 7 agencies both with mandates for the protection of environmental lands. The lands within the urban boundary are being transferred to the Municipality to facilitate their incorporation into the trail system and the rural lands are being transferred to the conservation authority for active management of the forestry resource. Given the circumstances set out above, Staff are recommending that an appraisal is not necessary for the exchange of these lands. Declaration of Lands as Surplus 2.5 Municipal lands that are being disposed of whether by sale or exchange must be declared surplus. To declare land surplus, the Municipal Act requires that itbe advertised in a local circulation newspaper. The advertisement is Attachment 5 and will appear in the January 15th issue of Clarington This Week and January 20th issue of the Orono Times. 3.0 CONCLUSION 3.1 The Municipality's By-law (95-22) that established procedures governing the sale of real property provides for the exchange .and transfer of real property in accordance with the Municipal Act and upon the recommendation of the Director of Planning Services; providing that the exchange achieves the objectives of a land use plan of the Municipality. In this case the lands in the Bowmanville Valley are identified in the Official Plan as Environmental Protection and are considered to be part of the ongoing development of the trail and park system in the Bowmanville Valley. The lands at Long Sault are identified as part of the Environmental Protection Area and Natural Core Area of the Oak Ridges Moraine; they would be better managed as part of the Management Plan the Conservation Authority has developed for the Long Sault Conservation Area. Staff Contact: Faye Langmaid Attachments: Attachment 1 - Bowmanville Valleylands showing transferable CLOCA lands and Schedule 1 Attachment 2 - Long Sault Conservation Area showing transferable MOC lands Attachment 3 - Letter from Perry Sisson and Memo from Perry Sisson Attachment 4 - Surplus Property By-law Attachment 5 - Notice of declaration and transfer of surplus property Attachment 6 - Land Exchange By-law Interested parties to be notified of Council's decision: Russ Powell, CAO CLOCA Harold Sellers, ORTA Frank Lockhart, Valleys 2000 842 J-\llC:ll,;IIIIIt:11l I . To Report PSD-012-10 Lake Ontario IV W~lE S R:IPlanninglHARD I NGIOSpecialProjectslF LangmaidlBowmanville ValleylandsWalleyland Owners C,!{lQllgton Bowmanville Valleylands Showing Transferrable CLOCA Lands 843 __VII_____ I ..._. '......__1 1111""'1 I~ 1 To Report PSD-012-10 Schedule 1 BOWMANVILLE NORTH CONSERVATION AREA Roll Number P.I.N. Number Acreage 181702001007500 266150214 39.22 ac 181702001007575 266150215 5.34 ac 181702001002910 266140034 9.20 ac 181702001007014 266140035 14.20 ac 67.96 ac BOWMANVILLE SOUTH CONSERVATION AREA 181702004002510 269320243 0.94 ac 181702004002510 269320248 15.74 ac 16.68 ac . BOWMANVILLEIWESTSIDE MARSH CONSERVATION AREA 181702013000110 266440044 11.75ac 181702013000506 266450071 15.07 ac 26.82 ac 844 R:IPlanninglHARDINGIOSpecialProjectslFaye LangmaidlBowmanville ValleylandslLong Sault Conservation Area Ownership -l:>o Ul long Sault Conservation Area Showing Transferrable M.O.C. lands or CJ. U I~~ IV W~lt s ~ Legend WiI CLOCA Lands ~ Transferrable M.O.C Lands ~ M.O.C.Lands .. Lands Of Interest To CLOCA .. Durham Region Lands -i o :::0 CD "0 o ::+. '"'0: en; 01 I : 0: ...... . N! I . ...... . ~~ ~ L'FI" Central Lake Ontario Conservation Attachment 3 To Report PSD-012-10 1 ob Whiting Avenue Oshawa, Ontario L 1 H 3T3 Phone (905) 579-0411 Fax (905) 579-0994 Web: www.c1oca.com . Email: mail@cloca.com Member of Conservation Ontario ~~ June 15,2009 MUNICIPALITY OF CLARINGTON . PLANNING DEPARTMENT I Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1 C 3A6 Attention: Fave Lanl!maid Dear Faye: Subject: Bowmanville Valleylands - Longworth Avenue CLOCA IMS File: LBVLl Please find attached a copy of the 2003 North Bowmanville Creek Realignment by Semas Associates and Parish Geomorphic. As discussed on site, this plan shows the armouring that has been provided beyond the creek banks to protect the former municipal dump site, Longworth A venue, and private properties. The plan also shows the creek bank treatments including vegetated rip rap. and vegetated crib walls. The realignment of Bowmanvillecreek through this reach was a major undertaking to accommodate urban development. As noted on our inspection and as discussed, the creek continues to erode and shift location. In particular, the crib wall upstream of Longworth A venue has been significantly .damaged by ice and high flow events. CLOCA owns about 5,000 acres of conservation land, and our position on stream erosion is simple - it's a natural, healthy, process that should be allowed to continue. Streams also adjust more rapidly when they are irritated by land use change or physical alterations. Unfortunately, stream erosion becomes an issue when public infrastructure or private property is placed in the stream path. . With respect to the Longworth Avenue reach, we do not propose to undertake any significant restoration works to replace the failed crib sections. We may apply for CFWIP funding and host community restoration work with local anglers if sufficient interest is available, but the work would be limited to stone and plant placement to enhance the fish habitat through the section. If the creek continues to migrate and cause concern for the Longworth Avenue bridge works, we Page 1 of2 What we do on the land is mirrored in the water 846 Attention: Mr. Peter Windolf Central Lake Ontario Conservation June 15,2009 would obviously cooperate. with the municipality and allow further erosion protection works to be implemented as necessary. . The attached plan also shows the limit of the former municipal dump site. The site was disturbed with the construction of Longworth Avenue, and a clay lining was placed to contain any seepage from the dump in this area. If you have any questions or comments, please feel free to contact the undersigned at your convemence. Yours truly, R. Perry Sisson, P .Eng. Director. Ene:ineerine: and Field Operations RPSlbb cc: Peter Windolf, Municipality of Clarington Leslie Benson, Municipality of Clarington s:\engineer\letters\2009\ClaringtonLongworth.doc Page 2 of2 847 4'd Centrol ~ .Lake Ontario _ c:rs.conservation MEMORANDUM To: Russ Powell, CAD From: Perry Sisson, P .Eng. Director, Engineering and Field Operations CC: Date: December 3, 2009 Re: Bowmanville Valley Property The following infonnation is provided in response to the November 1911 e-mail from Faye Langmaid regarding the Bowmanville Valleylands and stream treatments within the Longworth Avenue and Jackman Road reach. 1) Although provincial funding for stream erosion oontrol works are generally not available, CLOCA will investigate funding for flood and erosion oontrol infrastructure, and wiU partner with the municipality is funding can be achieved. 2) Since the realignmemt of the Bowmanville Creek to accommodate urban development, stonn outfall, and Longworth Avenue, some stream bank features have deteriorated. Although the majority of the works are perfonning weU, the portions that have failed include: a Cribwall upstream of Longworth Ave (5Om section); This is the heavily damaged cribwall. The creek continues to shift upstnBn of the reach (as evidenced by eroded banks and fallen trees upstream of the study reach), and change the approach into this meander. The pressure is now off the damaged cribwall, and bank erosion has shifted souther1y. At the moment the erosion is not causing any harm, although this area needs to be monitored. The erosion may work into the Longworth Avenue drainage ditch on the north side of Longworth Avenue, and could influence the location of future trail routes north of Longworth Avenue. b. VeQetated rip rap downstream of Longworth Avenue (7Om section); The rip rap treatment has eroded away, and an exposed c1ay/ti1l soil bank is exposed. The erosion rate does not appear to be excessive, and there are no structures or features behind this eroded bank File: s:\engineel'rnemos\2009\b0wmanvlllevalley2.doc Page 1 of 2 848 c. Cribwall upstream of Jackman Road (20m section); The most downstream portion of the cribwall upstream of Jackman Road has lost the soil material from the cnb structure. The feature could be repaired by filling the crib with stone/soil mixture and replanting. These are the three failed areas that we have been watching. The reach should be monRored annually after the spring freshet. Bowmanville Creek has impressive energy in the spring with ability to move soil, woody debris, and significant ice flow. 3) An estimate of costs for erosion work is attached. The estimate provided is based on the approximate quantity and type of streambank treatment on the site, and includes the costs for additional annouring that has been placed beyond the creek. bank to protect features such as the landfill site, Longworth bridge abutment and embankment, and valley wall. The actual construction cost for the stream realignment would have been significantly greater due to the extent of complete creek relocation. The cost estimate provided are based on current values for the various treatments as provided recently by R&M Construction, the contractor that completed the work in this reach. File: s:\engineerroemos\2OO9\bowmanvillevaney2.doc Page2of2 849 Bowmanville Valley land longwoth - Jackman Road Reach Streambank Treatments item length (metres) unit cost cost vegetated rip rap 230 $ 500.00 $ 115,000.00 crib wall 340 $ 600.00 $ 204,000.00 armour stone 210 $ 700.00 $ 147,000.00 total cost of bank treatment $ 466,000.00 CD (J1 o /"'\UClCrHJltml q To Report PSD-012-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to declare the lands more particularly described as Parts 1, 3,4 and 5 on Plan 40R-14254, former Darlington Township in the Municipality of Clarington to be surplus THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. The lands more particularly described as Parts 1, 3,4 and 5 on Plan 40R-14254, former Darlington Township, Roll Number 18170101102~800 be declared surplus. 2. Schedule 1 attached hereto forms part of this By-law. 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 "851 I I I . ('\ ~,! I~ r:- .:::.::: I ('\ ~ I I . V I ~:'~O~:A:C: I v I ~ ~'-8.1'~EN N r I 2 I ('\ T l_...... I !a~ .' S 10 -7 G_ ~2 '.J) (j) f-- liJ o ~; .J c5 U CO!/CESS/ON$ !J) .. 0: ~ L.d > -,. ..... '" <.( " ... !\.. "'- '" ..:= ~ '1... f .." ~ -,. G_ \ ~ 0.. rS' --to: _~:? r. IJ)~ \ \-.J'" -< IJ) - ("\ '\~ ("\ \ l.J.J ~ ~-.J 'v-.J U \.J -,. Ii G- o (~) i LL t 0: 0 '" , f ~; .. " !" ~ r ~ --- G._ :~ J: ~1.'~ .., :., Ij) " -,. \-- ., ,- '. -> 0 ~> . _J 0 ~ \-- :.'.!sr IN' fl:~"O :: .. Cr. t.: <l BEARING REFERENCE ~ ""l~"" .'_IC....__..lIUI.."" WDTL""Of'UlTI ,_.1. "',-:1:1,. !'ll..~0II __. ,"_. _.. tw ..,...,.... .........,.,... _-''I'M. .. '"""'VI ."'...W...... . I.V "..LCI"'I II I 1'C:i1 II. ..,. To Report PSD-012-10 I ..-....- UIlCIUlMl.....,..,iIlCT. 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ONTARIO LAND SURVE'tORS I D~=NV~~~~E'" ..., =:.~~ .U-7Ul Lie 111 ',....nea UN leI ~". .....l ~I ,.fIOCl "",..IIMOI"'. 852 Attachment 5 To Report PSD-012-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PUBLIC NOTICE RESPECTING LAND EXCHANGES BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY TAKE NOTICE THAT the Council of The Corporation of the Municipality of Clarington at its meeting to be heldJn the Council Chambers at the Municipal Administrative Centre, 40 Temperance Street, Bowmanville Ontario, on Monday, January 25, 2010, at 7:00 p.m. proposes to: (a) Pass a by-law to d~clare approximately 57.5 ha (142 ac) in the Long Sault Conservation Area, more particularly described as 5800 and 5801 Darlington Manvers Townline Road, Parts 1, 3, 4 and 5 on Plan 40R-14254, former Township of Darlington, Roll Number 181701011022800, P.I.N. 267430047, as . shown below, to be surplus property of the Municipality; and .~ i o ~ ~ o << i i :'~~~~~ifi:~~:.~l:~ ~'-~~:~~1 ~~!.'!!;:;;;t~:.r:,~~':--.'~!:- ..' :,':'::~(~~:~I:J.."':}.r~I..~::~, ~I., -:.:i'i'.......''''..:~~.~~.t:'}~:;, ~ ~!..!~:-:}; ..j)~~~ ..~~ I~"!I ....~~.:,.....!..,1' ..~!.!~.,\l...~~\':I 1};~~:i,~tt;\~~~::t::..~.~~ "-'..>.''''"..'. ,(I......,;J !i I......IJ....I'..~\........:;....."-.'....,~.. .. . :;"~':-:':~~-:"~"!.#J"~.?:"~ ':I"_'~ .... ,...'.:'.:I....--..\....~il..I..';;i',...! .'. 0 ~~-!.!...r....:.'" ..~~..~~I~:.. .):} It .:--- ._,......;;~.:~~::~i, ':,:." ~ ,# ,.):~!:i::~;~;~~.....i~:..':. r~1 .::; ,'!....,./"'J"".!)........,\'."'....i ...,-:...~~~S."';..'l.:~..t~:li.. 0 Z{:!~:ftX~.:~~:r~~ !.. ..#\1~.~~c....i..;.!]~... . :~!.;t""~";;-:.:t":': :.. ~~.!:.:;:~\,:~J.!.-;:-:.. ....:.:.~..!, }-j,6''' -: ! ~ REGIONAl.. ROAD 20 Iv AI REGIONAl ROAD 20 853 (b) Pass a by-law to permit the transfer of this property to Central Lake Ontario Conservation Authority in exchange for eight properties that are within the Bowmanville Creek valley portion of the Bowmanville Urban Area which total approximately 45 ha (111 ac) as listed below, .'Smw'.' Roll Number 181702001007500 181702001007575 181702001002910 181702001007014 PJ.N. Number 266150214 266150215 266140034 266140035 Acrea e 39.22 ac 5.34 ac 9.20 ac 14.20 ac 67.96 ac ,..}.)t",,".it~'i'7;'~'::C''';\l<;~~fL~~~?~~~7j'{~::~'''''''-~I~~'< .<' " 'c..' .-./,..,,, ilt~ J;:_,,~~,,~?~.~;,.~,;:~ ;'" :":i..itj, m fjll":-" ~~ J'.~ "'" ~il,,_ v .,,' "" " "P;^"/j "<_'.',.z.",~ . ,.." ~,._ . ,~'" ",!JJ! fl 'b .. ..~ h.f,.ll'l . -',... .. . . 181702004002510 181702004002510 269320243 269320248 0.94 ac 15.75 ac 16.68 ac 181702013000110 181702013000506 266440044 266450071 11.75ac 15.07 ac 26.82 ac AND TAKE FURTHER NOTICE THAT before passing these by-laws Council shall hear in person or by counsel, solicitor or agent, any person who claims that their land will be prejudicially affected by these by-laws, or either of them, .and who applies to be heard. Patti L. Barrie, Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 854 To Report PSD-012-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to authorize the Exchange of land: Parts 1, 3, 4 and 5 on Plan 40R-14254, former Darlington Township be transferred to Central Lake Ontario Conservation as set out in Schedule 1 and P.1. N. Numbers 266150214; 266150215; 266140034; 266140035; 26932043; 26932048; 266440044; and 266450071 as set out in Schedule 2 be transferred to the Municipality of Clarington. WHEREAS at its meeting on , Council of the Corporation of the Municipality of Clarington passed By-law 2010-_declaring, to be surplus Parts 1, 3, 4 and 5 on Plan 40R-14254, former Darlingt~n Township and which lands are legally described as Parts 1, 3, 4 and 5 on Plan 40R-14254: NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The Mayor and the Municipal Clerk are authorized to execute, on behalf of the Municipality of Clarington, with the Corporate Seal, land exchanges between Central Lake Ontario Conservation and the Corporation for the lands identified on Schedules 1, and 2. 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 855 Schedule 1 to Attachment 6 To Report PSD-012-10 Schedule 1 Roll Number P .I.N. Number Acreage 181701011022800 267430049 53.5 181701011022800 267430047 4.0 Parts 1,3,4 and 5 on Plan 40R-14254 856 -=>cneoUle ~ 10 /,\uaCnmtml 0 To Report PSD-012-10 Schedule 2 , .. SOWMAN~Ib;bE..MORTH".CONSEM\tATION.AR;EA . . Roll Number P.!.N. Number Acreage 1 81 702001 007500 2661 5021 4 39.22 ac 1 81 702001 007575 2661 5021 5 5.34 ac 1 81 702001 00291 0 2661 40034 9.20 ac 1 81 702001 007014 2661 40035 1 4.20 ac 67.96 ac " ....; .....-;.-..'.,' '.' BOWMAN'ItI..I.;E.....S(}tJ(I!M..~OMSE:M~A(I!ION .AREA .. 1 81 70200400251 0 269320243 0.94 ac 1 81 70200400251 0 269320248 1 5.74 ac 1 6.68 ac BOWMANVILLEIWEsTslDE MARSH CONS'E;RVATION AREA ". 1 81 70201 30001 1 0 266440044 1 1 .75 ac 1 81 70201 3000506 266450071 1 5.07 ac 26.82 ac 857 Clw:mgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 18, 2010 Report#: PSD-013-10 File #: ZBA 2009-0020 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PRESTONVALE HEIGHTS LIMITED - 40M-1929 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-013-10 be received; 2. THAT the request for removal of Part Lot Control with respect to Lot 115, on 40M-1929 be approved; 3. THAT the attached Part Lot Control By-law be approved; and 4. THAT all interested parties listed in Report PSD-013-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. submitted, Reviewed by, aVlc J. Crome, MCIP, RPP Director, Planning Services cj ~--= ~ Franklin Wu Chief Administrative Officer CP/df/ah 12 January 2010 CORPORA TION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 858 REPORT NO.: PSD-113-10 PAGE 2 1.0 APPLICATION 1.1 Applicant: Prestonvale Heights Limited 1.2 Agent: Sernas Associates 1.3 Location: Lot 115, 40M-1929, 37 and 39 Eastfield Crescent, Courtice 2.0 BACKGROUND 2.1 On December 21, 2009, Planning Staff received a request from Sernas Associates on behalf of Prestonvale Heights Limited for the Removal of Part Lot Control with respect to Lot 115, on 40M-1929 (see Attachment 1). 2.2 Plan 40M-1929 was registered on July 28, 1998, containing 115 lots for single detached dwellings and 17 lots for semi-detached/link dwelling lots. A Removal of Part Lot Control By-law was originally adopted for the 17 semi-detached/link lots within this plan in April 2000. The By-law had an expiry date of three (3) years after coming into effect. 2.3 Building permits were issued for each half of Lot 115 in 2002, however only the southern or right half was transferred while the original Removal of Part Lot Control By-law for this development was in effect. The north or left half of Lot 115 abuts a townhouse block to the north containing six (6) lots. Prestonvale Heights Limited retains ownership of some of the townhouse units in the abutting block to the north. A as a result Prestonvale Heights Limited solicitor has advised that a new Removal of Part Lot Control By-law is required to facilitate the transfer of Lot 1.15 Left. The lot is in a registered plan of subdivision; therefore, there is an existing agreement in place to cover the Municipality's financial interest. 3.0 STAFF COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50 (5) of the Planning Act pursuant to the provisions of Section 50 (7) of the Planning Act. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, a copy of the "Unit Type and Number Summary Table" (Attachment 3), along with a copy of the Removal of Part Lot Control By-law will be forwarded to the Regional Planning Department. 3.3 The Finance Department advises that the taxes have been paid in full. 859 REPORT NO.: PSD-113-10 PAGE 3 3.4 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Given that there is only one lot subject to the application with a closing date this winter, staff recommends that the By-law be in force for a period of one year following Council approval, ending January 2011. 4.0 RECOMMENDATIONS 4.1 It is recommended that Council APPROVE this application and adopt the attached Removal of Part Lot Control By-law for Lot 115 of 40M-1929. Attachment 1 - Key Map Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table Interested Parties to be notified of Council and Committee's decision: Sernas Associates Prestonvale Heights Limited 860 lot-130 ~~8 )'-;::-;. ~f.D C~~ 8CS; 1\1)'- lot-129 lot-128 I- z tot-127 w (,,) tof116 en w c:: lot-126 (,,) lot-111 '0 -I W LL lot-125 I- torn 8 en <( w lot-124 lot-119 lot-123 lot-120 Lot-122 tof121 GORD VINSON AVENUE Property Location Map (Courtice) :,,\~ ~v": I- Z W (,,) en w c:: (,,) o -I W LL I- en 4: w ZBA 2009-0020 Lots affected By Part Lot Control 40M-1929 Lot 15 -I o ;0 CD "'0 o ::+): -0::1 (J)Q) 00 .::1 ~3 wCD . ::1 ..... .... 0-' tv ~ Owner: The Kaitlin Group Ltd. ,",LLdl,;l "1It::lll L. To Report PSD-013-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a by-law to exempt a certain portion of Registered Plan 40M-1929 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lot 115 of 40M-1929, registered at the Land Title Division of Whitby. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lot 115 of40M-1929. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be force for a period of one (1) year ending on January 25, 2011. 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 862 Attachment 3 To Report PSD-013-10 PART LOT CONTROL EXEMPTION BY -LAW Unit Type and Nu'mber Summary Table 40M-2128 TOTAL Linked / Semi-Detached Dwelling (2) Units - 2 No Change 863 Cl!JlmglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 18, 2010 Report #: PSD-014-10 File #: PLN 23.3.5 By-law #: Subject: THE DURHAM REGION TRANSIT - LONG TERM TRANSIT STRATEGY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PSD-O 14-10 be received; 2. THAT Council endorse the Durham Region Transit Long Term Transit Strategy with the following amendments: . That consideration be made for built heritage or cultural heritage landscapes; . That the proposed Rapid Transit service along Highway 2 be extended to the Transitway Station at the future Durham East Link (407); . That consideration be given to including additional Enhanced Conventional Service routes along its proposed terminus on Baseline Road to Liberty Street and north to Highway 2; . That local transit service to Orono be maintained and improved through the planning period of this strategy; . That two additional GO Rail station sites be identified on the east side of Bowmanville and near Newcastle/Highway 35/115; 3. THAT Durham Region Transit be congratulated for developing a bold, comprehensive and innovative vision for transit in Durham Region that will assist in transforming the urban character of the Region; and 4. THAT Durham Region Transit be provided a copy of Report PSD-014-10 for their information and action therein. 864 REPORT NO.: PSD-014-10 PAGE 2 Submitted by: o vi . Crome, MCIP, RPP Director of Planning Services Reviewed by: d~~ Franklin Wu, Chief Administrative Officer PW/COS/df 13 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET,. BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 865 REPORT NO.: PSD-014-10 PAGE 3 1.0 BACKGROUND 1.1 Durham Region Transit is undertaking a Long Range Transit Strategy (L TIS) to address growth, manage their operations more effectively, and deliver better quality of service to transit customers. The L TIS will be a 50 year planning blueprint for transit services in Durham Region which will develop a comprehensive strategy to assist the Region address anticipated transportation demands to 2031 and beyond (to 2056). One of its primary functions is to identify the Regional Rapid Transit Network and provide sufficient justification to support future funding applications. 1.2 The L TIS' specific directions include plans and designs for municipal infrastructure improvements. The planning and design of municipal infrastructure projects must comply with the Environmental Assessment Act which requires that a Municipal Class Environmental Assessment be conducted. The L TIS has been prepared to comply with Phases 1 and 2 of the five phase planning process. 1.3 A number of background papers were prepared by Durham Region Transit's consultant to provide a basis for the process which was conducted. In addition, public Open House sessions have been offered within Clarington and throughout Durham Region in the Spring (March 25th) and Fall (November 2nd) of 2009. 1.4 On November 16, 2009, Phil Meagher, Deputy General Manager - Operations, Durham Region Transit, made a presentation to Council on the proposed L TIS. In his presentation, Mr. Meagher indicated that the draft Regional Rapid Transit Network is complete, the draft Highway 2 Conceptual Design is complete and the Preliminary Technology Recommendations Cost Benefit and Economic Analysis is now underway. 1.5 In conjunction with the L TIS, a transit-orientated design workshop was held on December 17, 2009, at the Courtice Community Centre to address transit-orientated development in the vicinity of the future GO Rail Station in Courtice (near the intersection of Courtice Road and Baseline Road). The results of this workshop are to be incorporated into the L TIS final report. 1.6 On December 22, 2009, the Municipality received a draft of Durham Region Transit's L TIS final report. 1.7 Durham Region Transit has asked that all Municipal comments be received by Wednesday, January 20th, 2010. Subsequent to the submission of Municipal comments, Durham Region Tn;lnsit's consultants will prepare a final report for submission to Transport Canada by February 15th, 2010. This project is receiving funding from Transport Canada and as a consequence is bound by timeframes mandated by the Federal government. ' 1.8 Upon approval of a recommended approach for the L TIS, and associated infrastructure improvements, Durham Region Transit will proceed to Phase 3 of the Municipal Class Environmental Assessment which will involve the design of alternative concepts to implement the preferred solution. 866 REPORT NO.: PSD-014-10 PAGE 4 2.0 CONFORMITY WITH OTHER POLICIES AND LEGISLATION 2.1 The "Places to Grow" provincial study, released in 2006, is an initiative undertaken by the Government of Ontario to manage regional growth and development in the Greater Toronto Area (GTA) to the year 2031. The policies of the plan promote an integrated and efficient transportation system to support a vibrant economy and high quality of life. The plan provides direction to municipalities for the incorporation of major transit station areas and intensification corridors in their official plans. The Long Term Transit Strategy has been designed to conform to the policies of Places to Grow. 2.2 The Metrolinx Regional Transportation Plan (RTP), released in December 2008, is a 15 to 25 year plan for Regional Rapid Transit and Highway Improvements for the GTHA. The L TIS proposed by Durham Region Transit complements and incorporates the goals set forth by the Metrolinx RTP. 2.3 The L TIS identifies Highway 2 as the primary inter-regional corridor to connect commuters, students, shoppers and visitors from Clarington with major points in Durham Region and vice versa. The focus on Highway 2 as a primary transit artery is supported by the Durham Regional Official Plan and by the Clarington Official Plan. 3.0 LONG TERM TRANSIT STRATEGY REPORT SUMMARY 3.1 A copy of the proposed Regional Rapid Transit Network is provided in Attachment 2. A summary of the service routes through Clarington IS provided below. 3.2 The proposed Long Term Transit Strategy envisions Highway 2, between Oshawa- Clarington Townline Road and Courtice Road, being serviced by Bus Rapid Transit (BRT) service (see definition in Attachment 1). The implementation of a BRT system is anticipated to take place between 2016 and 2020. At such time as transit usage along this corridor begins to reach design capacity, service upgrades to Light Rail Transit (LRT) service will be initiated. 3.3 Transit service along Highway 2 from Courtice Road, through Bowmanville, to Mill Street in Newcastle Village would be served by Enhanced Conventional Transit service (see definition in Attachment 1). The implementation of the changes to improve existing service to Enhanced Conventional Service is expected to take place as early as 2013. It is further noted that Highway 2 between Courtice Road and Regional Road 57 should be protected for possible upgrade to a future Rapid Transit service if conditions should require it. The portion of the Regional Rapid Transit Network proposed along Highway 2 through Courtice will conform with the policy objectives of the Courtice Main Street study. 3.4 Additional routes identified as having potential to be served by Enhanced Conventional Service include: . Pebblestone Road from Oshawa-Clarington Townline Road to Courtice Road; and 867 REPORT NO.: PSD-014-10 PAGE 5 . Courtice Road from Pebblestone Road south to Baseline Road (with connections to the proposed Ontario Power Generation headquarters south of Highway 401). The report notes that both of these roads (Pebblestone and Courtice Road) would require roadway improvements in order to facilitate Enhanced Conventional Service. 3.5 The final route recognized as part of the Regional Rapid Transit Network in the L TIS is Bloor Street from Oshawa-Clarington Townline Road to Courtice Road. The route along Bloor Street to Courtice Road and south on Courtice Road to the proposed GO Station would be protected for possible promotion to a future Rapid Transit service if conditions should require it. 3:6 Due to the length of the proposed LRT corridor along Highway 2 through Durham Region, a light rail maintenance and operations facility would be desired at each end of the rail corridor. This would require that such a facility be located between Courtice Road and the terminus of the line at the Highway 407 Connector (near Hancock Road). 4.0 STAFF COMMENTS 4.1 An efficient and effective transit service is a key component in creating compact, sustainable, urban development. Among its many benefits, transit service increases residential affordability by lowering household transportation costs and reduces Municipal infrastructure maintenance costs by reducing private automobile trips. Many of the intensification and density targets identified in the Provincial and Regional Growth Plans cannot be achieved in the absence of an efficient and extensive transit service. The Durham Region Long Term Transit Strategy, and specifically the Regional Rapid Transit Network, will not only support transit-orientated development but may also act as a catalyst for its extension throughout Clarington. 4.2 One of the primary focuses of the proposed Regional Rapid Transit Network will be to provide high frequency service along Highway 2 as a major intra-regional corridor. It will also expedite connections to Toronto with frequent service to the proposed GO Rail stations in southeast Courtice and west central Bowmanville. These connections will make Clarington an even more attractive location for both residents and businesses alike. 4.3 In Clarington, the L TIS will begin to express itself through the introduction of faster service and improved transit amenities along Highway 2 between Newcastle and Courtice. The proposed improvements to transit service should meet or exceed current transit service needs and support the ongoing development of transit-orientated development of urban areas in this corridor. As transit usage increases over time, the transit system will be designed to grow in step with demand. 4.4 Based on Clarington's existing population level, urban densities and employment base the proposed Regional Rapid Transit Network, within the L TIS, reflects both the existing needs for increased service in Clarington as well as anticipating the needs that will be created by future growth within the Municipality. The proposed Regional Rapid Transit Network envisions a service that will carry commuters and students from Clarington to 868 REPORT NO.: PSD-014-10 PAGE 6 other points in the Region while at the same time improving access to commuters, shoppers and visitors to Clarington. 4.5 It should be noted that while the proposed L TIS considers the possible impacts of infrastructure improvements on environmer)tal resources, no mention is made of consideration for built heritage or cultural heritage landscapes. 4.6 The proposed Rapid Transit service along Highway 2 in Courtice should extend beyond the currently proposed terminus at Courtice Road to the more appropriate junction at the Durham East Link 407 Connector (near Hancock Road). A transit station and commuter parking lot would serve as a connecting point in this location. 4.7 Local transit service between Newcastle and Orono has been identified in the Durham Regional Official Plan as being a transit spine. In conjunction with the goals of the Long Term Transit Strategy this service route shall be maintained and improved. 4.8 The timeframe of the L TIS is 2031 and beyond (2056). Within a 46 year timeframe Clarington anticipates many changes to the existing urban boundaries sufficient to accommodate both residential and employment uses. Attempting to speculate on where development will occur and plan transit service for those areas is arbitrary in nature and implies a policy direction which has yet to be determined by any level of government. 4.9 If one assumes that urban growth in Clarington will occur along the lakefront between Bowmanville and Courtice then the plan should reflect an extension of the proposed Enhanced Conventional Transit service east along Baseline Road from its currently proposed terminus near Rundle Road to Liberty Street in Bowmanville and north along Liberty Street to Highway 2. 4.10 Additionally, an Enhanced Conventional Transit service should be identified through the Clarington Energy Business Park southeast of Courtice Road and Highway 401. 4.11 The current GO Rail expansion proposal from Oshawa to Bowmanville will terminate at the Bowmanville West Town Centre. It previously included a second station on the east side of Bowmanville. Though this is unlikely to be developed in the first phase of the GO Rail expansion plans, within the timeframe of the L TIS, this second station location and a Newcastle/Highway 35/115 station should be identified on the Regional Rapid Transit Network. 5.0 CONCLUSION AND RECOMMENDATIONS 5.1 Clarington can only benefit from increased transit service both within the Municipality and with connections to other locations throughout Durham Region and beyond. An efficient and extensive transit service can serve as a catalyst for transit-orientated development in Clarington and equip the Municipality with the ability to achieve the intensification targets established by Durham Region and the Province. 869 REPORT NO.: PSD-014-10 PAGE 7 5.2 Staff support the transit recommendation contained within the draft report prepared by the consultants for Durham Region Transit for the Region's Long Term Transit Strategy. It is recommended that Council endorse the Durham Region Transit's Long Term Transit Strategy and the corresponding Regional Rapid Transit Network, as proposed, with the following amendments: · That consideration be made for built heritage or cultural heritage landscapes; · That Highway 2 Rapid Transit service be extended from its proposed terminus at Courtice Road to the Durham East Link Transitway Station near Hancock Road; · That consideration be given to including additional Enhanced Conventional Service routes along Baseline Road to Liberty Street and north to Highway 2; . That local transit service to Orono be maintained and improved through the planning period of this strategy; . That two additional GO Rail stations be identified on the east side of Bowmanville and Newcastle. Staff Contact: Paul Wirch Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Definitions Regional Rapid Transit Network Bus Rapid Transit and Light Rail Transit Cross-Sections List of interested parties to be advised of Council's decision: Keith Ramdial, Durham Region Transit Commission 870 Attachment 1 To Report PSD-014-10 DEFINITIONS Enhanced Conventional Bus Service Enhanced Conventional bus service can be defined as bus service with slightly faster service, and passenger amenities that are additional to those of conventional bus service. Enhanced conventional bus service can also be implemented on any existing roadway. The stops are generally consistent with conventional bus service, but due to additional passenger amenities, the stops will generally be slightly larger than conventional bus stops. Faster service times can generally be attributed to the implementation of tr~nsit signal priority and bus queue jump lanes (where appropriate). Transit Signal Priority (TSP) can be implemented at every signalized intersection on the route to provide early green or a green extension to maximize operating speeds. Enhanced bus service provides more passenger amenities than does conventional bus service such as shelters, benches, real time passenger information, solar lighting, bicycle racks, etc. Based on the assumed time to complete the detailed design of roadway improvements as well as the purchase / delivery / equipping of the new bus fleet, the implementation of the enhanced conventional services is anticipated to take place in 2013-2014. Bus Rapid Transit (BRT) BRT can be defined as enhanced conventional bus service using express lanes, intelligent transportation systems, increased operating speeds, decreased travel times, and increased passenger amenities. Generally, BRT will use express lanes either in an HOV lane or in a dedicated corridor. For dedicated lanes within an existing roadway corridor, numerous roadway improvements may be required. These improvements may consist of widening, utility. relocations, access modifications; etc. and may require additional property or right-of-way. The stations are generally spaced further apart than traditional or enhanced bus service. They are also generally larger due to increased patronage and additional passenger amenities. An example of BRT service operating in a dedicated median corridor is shown in Attachment 3. BRT facilities provide many of the same amenities as enhanced conventional bus service (shelter, benches, real time passenger information, solar lighting, bicycle racks, etc.), but the size and number of amenities may be larger depending on the estimated patronage at each station. BRT stations may also provide WiFi service, leaning rails, news and advertisement panels, etc. In order to account for the time to perform the detailed design of the exclusive median BRT corridors, it is assumed that construction will take place over a five year period from 2016- 2020. 871 Liqht Rail Transit (LRT) LRT can be defined as transit rail service using express lanes, intelligent transportation systems, increased operating speeds, decreased travel times, and increased passenger amenities. Generally, LRT will use express lanes in a dedicated corridor. Note: In some cases where ROW is very limited, LRT vehicles can operate in mixed traffic. For a dedicated lane within an existing roadway corridor, numerous roadway improvements may be required. These improvements may consist of widening, utility relocations, access modifications, etc., and may require additional property or right-of-way. Stations are generally spaced further apart than conventional or enhanced conventional bus service. The stations are also generally larger due to increased patronage and additional passenger amenities. An example of LRT service operating in a dedicated median corridor is shown in Attachment 3. LRT facilities have more passenger amenities than do conventional bus service, enhanced conventional bus service or BRT. The amenities are very similar to those found at a BRT station: shelters, benches, real time passenger information, solar lighting, bicycle racks, WiFi service, leaning rails, news and advertisement panels, etc. To minimize boarding and alighting times further and to improve accessibility, light rail stations will have a raised platform for level boarding. If the LRT operates in a median, passengers access the station via signalized intersections and a pedestrian refuge area is provided in the median. Given the priority nature of the Highway 2 corridor, the installation of LRT on .Highway 2 is recommended to take place as soon as funding become available and is assumed to take place over a five year period from 2016-2020. 872 tI "'., ....~. ".....ft :;.1l...~1' .JIk,I,.ll"l/itllllc..ltl-tt HR. LrC:I!lAd .,.........C.."O\'...ko. . """ll'!>"'df.o!lot_ft G """"'..n....""'....<<DSI~.k'ln . 'ITl'lI'.....lts"'..... m ........"uk ..t: l'<o'JI:.hrv'l~:lIrr~tl.._ O......fI:Ol_V..'.._."'" O,~,.......t""'_l .. .....,..<<d~,...,..,7 o....~('..~.. _J-' ___! U,Il4..d'......(I~I... I_~.......fv.-._.) Trllli"lsttComdorCl...,nttc~"'" _~::::;::~~N'l .""lJOld~,,' ""......-"'-..,. t....~lI1;1l/'It(o:oll..."'_31 _1..1arit~1""_ IU............"'...lI.t ,,...,.....(..~..,,I'r...'1l: PI_...,.......h,~ IIIortll...II01ll'b....NcoIot... ---1)d.f,()"t1Ift...\tW"f\o~1 ~_""""'l_.._ 1_1I11~'r""'""''''''''''"'_,JI ~I.._~~ """"t.c1I.,i.-_",1pdT'tMI,1t to~..~...ftI':'" No........................... (",id""" '...p~(,.cII'fIC . r,i..l..rr.oH_ op, Qr.~:ttIO~" r......fW'I.... 9 Long Term Transit Strategy DRAFT Final Report December 2009 ~.-' --. '150$1....0:'\ I , ~ .~ ..... o~~t,...~ .... ." ..' ." ..' ....~:.l- ~~II'...nftt,........~.1 ~o ..'&... .. ... .... .... .... ... ...,. Gi !to J: ..... .. . .. . . . . . . . . ~;n" Ie c~.; ...cL.~'C!:l,tl~ OO'~...... ,. 00.,,,_. ...~'-.f. .,t" ~ ~ --LJ- '=t' _______ IfQ - "'I', ~ \~_.---~~ ~ I f . ff:.OEPAt "1R~r LANO~ Whitby Future Growth Area OshawlI Future GJowth Area , .. '-.....,...... r/lr ,..0........., Exhibit 3-1: Regional Rapid Transit Network i Clarington ...... .. . .. ................ -t o :::0 CD "'C o ;::+- "'U~ ~~ I 0- ...... ~ , ...... or co -.J W 1fa~ ... '~1 I I 1.00 2.40 UTILlT Y LANDSCAPE Bus Rapid Tran~it - Cross Section 37.50m ,ROW Auacnmem .j To Report PSD-014-10 2.50 BLVD 1.40 0.60, ~ LANDSCAPE ---' _ 2.00 < I I SIDEWALK 350m-r3.50m-j i ! I THRU THRU LANE LANE 11.00 2.40 UTILITY LANDSCAPE ~.50 i3.50m--r-3.50m THRU THRU LANE LANE 2,00 BLVD 8.00 BRT LANE ~ PROPOSED R.O.W. ~. ~-'1' ! I ~ ~ '.! lJ lJ i' ~I~'_' ..... . i~.~":.f i n..~r-- --I , , _ :::i r Gg N _~..-- - ~._ .' ~~~~'J Light Rail Transit Cross Section 37.50m ROW [ STREETLIGHT .~ ~.50 i3.50m--r-3.50m THRU THRU LANE LANE 2.00 BLVD 2.50 BL VO 1.40 0.50~ LANDSCAPE ---' _ 2.00 ~ I SIOEW ALK 3.50m-r3.50m-j " THRU THRU LANE LANE STREETLIGHT STREETLIGHT 8,00 LRT LANE It PROPOSED RO W. ~ ~:::::::=:+--~ ---.- t . ~ i, <> <> BlQI. U U L--~, If ~ -='t '* ,,'1:7 ~g; , ' . _:__.. _ L. t-'z~ F~ ~'-i iJ;__ , ..~ .,- t ~{,~; ~~ ~. l- I>, I.) 874 ~n REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 18, 2010 Resolution #: Report #: EGD-004-10 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR DECEMBER, 2009. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-004-10 be received for information. Submitted by: . S. annella, C.E.T. Director of Engineering Services Reviewed by: C) ~~ Franklin Wu Chief Administrative Officer ASC*RP*bb January 06, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-1824 901 REPORT NO.: EGD-004-10 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of DECEMBER 2009, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF DEC~MBER 2009 2008 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2009-2008 Residential 55 $9,856,447 15 $1,868,384 427.5% Industrial 0 $0 0 $0 N/A Government 0 $0 1 $50,000 N/A Commercial 3 $742,715 1 $80,000 828.4% Institutional 1 $99,286 2 $85,000 16.8% Agricultural 1 $30,000 2 $190,296 -84.2% Demolition 3 $0 3 $0 N/A TOTAL 63 $10,728,448 24 $2,273,680 371.9% 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 519 $80,592,782 815 $148,949,306 -45.9% Industrial 4 $609,714 9 $22,800,851 -97.3% Government 1 $550,000 10 $3,509,800 -84.3% Commercial 49 $28,319,784 44 $6,795,212 316.8% Institutional 14 $14,347,046 13 $4,731,000 203.3% Agricultural 21 $7,745,975 23 $6,616,556 17.1% Demolition 35 $0 36 $0 N/A TOTAL 643 $132,165,301 950 $193,402,725 -31.7% 902 REPORT NO.: EGD-004-10 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 I Applicant Construction Type FIRST CAPITAL FCHT HOLDINGS Interior Fit-Out (The Beer (ONTARIO) CORPORATION Store) Location 195 KING EAST STREET, BOWMANVILLE Value $375,000 903 REPORT NO.: EGD-004-10 PAGE 4 The following isa comparison of the types of dwelling units issued for the month of "DECEMBER" and "YEAR TO DATE". Dwelling Unit Type "DECEMBER" 2009 o Townhouse 0% 29 Single Detadled 88% . Single Detached 29 II Semi-Detadled 2 !Il: Townhouse 0 . Apartment 2 Dwelling Unit Type "YEAR TO DATE 2009" 7 Townhouse 3% 46 Semi- Detached 17% 208 Single Detached 76% . Single Detached 208 . Semi-Detadled 46 . Townhouse 7 . Apartment 12 The following is a historical comparison of the building permits issued for the month of "DECEMBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of "December" $ 20,000,000 ',---'----'-----"'-''-'-'--",.''''----- $18,000,000 ' '--,--"-"""",,,,,-,,-,-,,,,,,,,,,,-., $16.000,000 . $14,000,000 $12,000,000 $10,000,000 $8.000,000----"""'-- $6,000,000 ,-,'",,-- $4,000,000 $2,000,000 SO I Value Historical Data "YEAR TO DATE" $250,000,000 T I I $200,000,000 +---, i $100,000,000i---. $150 000 000 -;.-----,---,,-,- " I I $50,000,000 +-- I $0 ~-''" : 2009 I 2008 , 2007 I ,,-''",-'''''----t''' , I I Value i $132,165,301 I $193.402.725 I $201,831,499 I t....-....,_~~ '_ I 904 REPORT NO.: EGD-004-10 PAGE 5 PERMIT REVENUES 2009 2008 December Year to Date December Year to Date I PERMIT FEES $71,145 $895,322 $15,083 $1,274,292 INSPECTION SERVICES 2009 2008 December Year to Date December Year to Date Building Inspections 306 5,049 294 5,296 Plumbing & Heating Inspections 337 5,880 391 6,300 Pool Enclosure Inspections 1 61 4 86 TOTAL 644 10,990 689 11,682 NUMBER OF NEW RESIDENTIAL UNITS 2009 2008 December Year to Date December Year to Date Single Detached 29 208 5 447 Semi-Detached 2 46 2 92 Townhouse 0 7 0 49 Apartments 2 12 0 5 TOTAL 33 273 7 593 905 REPORT NO.: EGD-004-10 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2009 (to end of 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 AREA December) Bowmanvllle 98 340 451 609 307 587 468 345 312 188 184 Courtice 112 134 82 126 241 173 180 133 129 231 296 Newcastle 24 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 11 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 Ennisklllen 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 Sollna 5 0 6 3 3 3 3 1 1 0 0 Tyrone 0 5 0 0 0 0 3 9 3 0 0 TOTALS 273 593 655 861 802 1,015 843 701 609 679 640 906 Cl1[.-4Jgron REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 18, 2010 Resolution #: Report #: ESD-002-10 File # By-law # Subject: MONTHLY RESPONSE REPORT - DECEMBER 2009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-002-10 be received for information. Submitted by: ~~ I ~ -' Gordon Weir, AMCT, CMM111 Director Emergency & Fire Services Reviewed by: 0 ~.-::.~ Franklin Wu, Chief Administrative Officer GW/tw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F 905)623-6506 1101 REPORT NO: ESD-002-10 PAGE 2 1.0 BACKGROUND 1 .1 This report covers the month of December 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 272 calls during this period and recorded total fire losses of $484,800. 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-002-1 0 CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT REPORT PERIOD: DECEMBER 1, 2009 OO:OO:OOhrs - DECEMBER 31, 2009 23:59:59hrs RESPONSE TYPE REPORT FIRE STATIONS 2009 2008 RESPONSE STATION STATION STATION STATION STATION THIS TO TO SAME TYPE 1 2 3 4 5 PERIOD DATE DATE % PERIOD FIRES I 4 1 1 4 1 11 176 5.3% 10 EXPLOSIONS OVERPRESSURE RUPTURE 0 0 0 1 0 1 5 0.2% 0 EXPLOSIONS PRE FIRE 2 1 0 2 0 5 58 1.7% 5 CONDITIONS BURNING 0 2 1 3 0 6 92 2.8% 0 (controlled) - FALSE FIRE 20 2 1 12 1 36 396 11.9% 40 CALLS CO FALSE 14 2 0 3 0 19 218 6.6% 39 CALLS PUBLIC HAZARD 5 0 0 9 0 14 144 4.3% 10 CALLS RESCUE CALLS 12 6 4 8 1 31 386 11.6% 55 MEDICAL CALLS 85 8 5 31 5 134 1671 50.3% 165 OTHER 7 2 1 5 0 15 176 5.3% 21 RESPONSES TOTALS THIS PERIOD 149 24 13 78 8 272 3322 100.0% 345 TO DATE 1705 393 213 883 128 3322 THIS PERIOD 186 39 16 86 18 345 LAST YEAR TO DATE LAST 1863 424 208 859 152 3506 YEAR 1103 DOLLAR LOSS REPORT THIS PERIOD $484,800 2009 TO DATE $2,846,600 THIS PERIOD $926,200 2008 TO DATE $9,912,400 . APP ARA TUS RESPONSE REPORT FOR THIS PERIOD STATION 1 PUMPER SCAT PUMPER TANKER UTILITY AERIAL RESCUE 1 1 11 1 1 1 1 THIS PERIOD 257 162 66 13 6 0 0 10 TO DATE 3165 1783 1054 141 . 29 17 80 61 STATION 2 PUMPER TANKER 2 2 THIS PERIOD 32 24 8 TO DATE 491 399 92 STATION 3 PUMPER TANKER UTILITY ATV 3 3 3 THIS PERIOD 20 15 5 0 0 TO DATE 307 223 68 12 4 STATION 4 PUMPER PUMPER TANKER Aerial 4 44 4 4 THIS PERIOD 127 108 12 4 3 TO DATE 1429 1283 99 31 16 STATION 5 PUMPER TANKER 5 5 THIS PERIOD 12 9 3 TO DATE 175 132 43 448 TOTAL VEHICLE MOVEMENTS FOR THIS PERIOD 5567 TOTAL VEHICLE MOVEMENTS TO DATE - 2009 1104 Attachment #2 to ESD-002-10 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 mayor 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 Le. 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 Clocmgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 18, 2010 Resolution#: Report #: CLD-002-10 File #: By-law #: Subject: USE OF CORPORATE RESOURCES FOR ELECTION PURPOSES POLICY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-002-10 be received; 2. THAT the proposed draft policy regarding the use of corporate resources for election purposes, as contained in Attachment 1 to Report CLD-002-10 be adopted; and 3. THAT the draft by-law, as contained in Attachment 2 to Report CLD-002-10, adopting the Use of Corporate Resources for Election Purposes be approved. Submitted by: d~~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1301 REPORT NO.:CLD-002-10 Page 2 1.0 BACKGROUND 1.1 Section 66(1) of the Municipal Elections Act, 1996 (the Act) states that, "money, goods and services given to and accepted by or on behalf of a person for his or her election campaign are contributions." 1.2 While Section 70(3) of the Municipal Elections Act, 1996, allows a corporation to make a contribution, Section 70(4)(3) clarifies that a municipality shall not make a contribution. 1.3 Corporate Policy H18 - Political Activities prohibits employees from conducting any political activity in the workplace (as defined in that Policy) and was implemented to protect the integrity of the public service while allowing employees to exercise their democratic rights if they so choose. 2.0 ANALYSIS 2.1 As stated above, in Section 1 of this Report, the Act prohibits the Municipality from making campaign contributions, and the corporate Policy prohibits staff from performing "political activities" in the workplace. Where the Act defines a contribution as goods and services, it can be concluded that the use of any corporate resources (eg. facilities, equipment, supplies, services, staff time, email, telephones, etc.) on any campaign activities could constitute a campaign contribution and could be in contravention of the Act. 2.2 Section 94 of the Act sets out fines of up to $25,000 for an individual and up to $50,000 for a corporation or trade union who is found guilty of contravening the Act. 2.3 To ensure that the Municipality of Clarington is not in violation of the campaign contributions, and to ensure it is clear to all election candidates that municipal facilities, equipment, supplies, services staff or other resources shall not be used for campaign-related activities, it is recommended that a policy addressing the use of corporate resources for election purposes is adopted by Council. 1302 REPORT NO.:CLD-002-10 Page 3 2.4 The Association for Municipal Managers, Clerks and Treasurers (AMCTO) Municipal Election Project Team is comprised of several knowledgeable and experienced Municipal Clerks and Election staff, as well as representatives from the Ministry of Municipal Affairs and Housing, Ministry of Education, Municipal Property Assessment Corporation, Elections Ontario and Elections Canada. The mandate of the Project Team is to provide updates on legislative changes, training opportunities and on-going feedback and support to Municipal Clerks and Election staff. To assist municipalities in dealing with this sensitive yet significant matter, following the 2003 Municipal Elections, the Project Team developed a draft policy available to all AMCTO members as a tool to assist in responding to inquiries and concerns expressed by the general public, candidates and election officials. This draft policy is available on the AMCTO website. 2.5 Staff have amended the draft policy as established by the Project Team to specifically address the Municipality of Clarington and this policy would apply to all election candidates, including sitting Members of Council. The proposed policy is not intended to prohibit Members of Council from performing their duties as Members or interfere with their representing the interests of our residents. 2.6 The proposed policy is consistent with Clarington's Code of Conduct (for both staff and Members of Council), and Clarington's H18 - Political Activities Policy, and is summarized as follows: . Corporate resources and funding may not be used for any election-related purposes; . Staff may not undertake political activities (as defined in Policy H18) or as they relate to support of a position on any by-law or question being placed on a ballot, in the workplace; . Candidates may not use any municipal or any municipally-provided facilities for any election-related purposes, which includes displaying of any campaign related signs in the window or on the premises, as well as displaying any election-related material in the office; 1303 REPORT NO.:CLD-002-10 Page 4 · In any material printed or distributed by the Municipality of Clarington, Members of Council are not permitted to: o Illustrate that an individual (either a Member of Councilor any other individual) is a candidate registered in any election; o Identify where they will be running for office; or o Profile or make reference to candidates in any election. . Members of Council are responsible to ensure that the content of any communications material, printed, hosted or distributed by the Municipality of Clarington, is not election-related; · Websites or domain names that are funded by the Municipality may not include any election-related campaign material; · The Municipality of Clarington's voicemail system may not be used to record election-related messages; · The Municipality of Clarington's computer system (hardware, software and network) may not be used to record or distribute election-related messages; · The following may not be printed or distributed on any election materials or included in any election campaign related website: o reference to any of the Municipality of Clarington's email addresses, telephone numbers or facility addresses or municipally-funded facility addresses; or o the Municipality of Clarington's logo, crest, coat of arms, slogan, etc.; Exception: a link to the Municipality's election website is permitted for the purpose of providing information about the election. · Photographs produced for and owned by the Municipality of Clarington may not be used for any election purpose; and · The Municipal Clerk, or designate, shall be responsible for enforcement of this Policy. 1304 REPORT NO.:CLD-002-10 Page 5 3.0 RECOMMENDATIONS To ensure that the Municipality of Clarington is not in violation of the campaign contributions, and to clearly communicate the rules governing the use of corporate resources for election purposes, it is recommended that the draft proposed policy contained in this Report as Attachment 1 be forwarded to Council for adoption. Attachments: 1. Proposed draft policy 2. Draft By-law to adopt the proposed draft policy. 3. Excerpt from Municipal Elections Act, 1996, as amended - Election Campaign Finances Interested parties to be advised of Council's decision: All registered candidates for the 2010 Municipal Elections 1305 ATTACHMENT # 1 TO REPORT # CLO -CO'd~/ 0 PROPOSED DRAFT POLICY USE OF CORPORATE RESOURCES FOR ELECTION PURPOSES 1. Purpose: To clarify that Candidates are required to follow the provisions of the Municipal Elections Act, 1996 and that: · No Candidate shall use the facilities, equipment, supplies, services, staff or other resources of the municipality (including Councillor newsletters and Councillor budgets) for any election campaign or campaign related activities. · No Candidate shall undertake campaign-related activities on Municipal property, except as otherwise provided for in section 2(g) of Policy H18- Political Activities. · No Candidate shall use the services of persons during hours in which those persons receive any compensation from the Municipality of Clarington. 2. Application and Authority: This policy is applicable to all Candidates, including sitting Members of Council. It is necessary to establish guidelines on the appropriate use of corporate resources during an election period to protect the interests of both the Members of Council and the Corporation. The Municipal Elections Act, 1996 (the Act) prohibits a municipality from making a contribution to a candidate. The Act also prohibits a candidate, or someone acting on the candidate's behalf, from accepting a contribution from a person who is not entitled to make a contribution. As a contribution may take the form of money, goods or services, any use by a Member of Council of the Corporation's resources for his or her election campaign would be viewed as a contribution by the Municipality to the Member as a candidate, which is a violation of the Act. 3. Policies / Procedures: a) Corporate resources and funding may not be used for any election-related purposes; b) Staff may not undertake political activities (as defined in Policy H18) or as they relate to support of a position on any by-law or question being placed on a ballot, in the workplace; 1306 c) Candidates may not use any municipal or any municipally-provided facilities for any election-related purposes, which includes displaying of any campaign related signs in the window or on the premises, as well as displaying any election-related material in the office; d) In any material printed or distributed by the Municipality of Clarington, Members of Council are not permitted to: i. Illustrate that an individual (either a Member of Councilor any other individual) is a candidate registered in any election; II. Identify where they will be running for office; or III. Profile or make reference to candidates in any election. e) Members of Council are responsible to ensure that the content of any communications material, printed, hosted or distributed by the Municipality of Clarington, is not election-related; f) Web sites or domain names that are funded by the Municipality may not include any election-related campaign material; g) The Municipality of Clarington's voicemail system may not be used to record election-related messages; h) The Municipality of Clarington's computer system (hardware, software and network) may not be used to record or distribute election-related messages; i) The following may not be printed or distributed on any election materials or included in any election campaign related website: i. reference to any of the Municipality of Clarington's email addresses, telephone numbers or facility addresses or municipally-funded facility addresses; or II. the Municipality of Clarington's logo, crest, coat of arms, slogan, etc.; Exception: a link to the Municipality's election website is permitted for the purpose of providing information about the election. j) Photographs produced for and owned by the Municipality of Clarington may not be used for any election purpose; and k) The Municipal Clerk, or designate, shall be responsible for enforcement of this Policy. 1307 Limitation: Nothing in this Policy shall prohibit Members of Council from performing their duties as sitting Members or interfere with their representing the interests of our residents. Implementation: This policy shall become effective immediately upon adoption by Municipal Council. 1308 Attachment 2 REPORT NO.:CLD-002-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. Being a By-law to adopt the Use of Corporate Resources for Election Purposes Policy WHEREAS Section 66(1) of the Municipal Elections Act, 1996, as amended, states that, "money, goods and services given to and accepted by or on behalf of a person for his or her election campaign are contributions, and WHEREAS Section 70(4 )(3)of the Municipal Elections Act, 1996, as amended, prohibits a municipality from making a contribution to a candidate THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: That a Policy in respect to use of Corporate resources for election purposes; as per the attached Policy Statement, be adopted. Attachment 1, Policy Statement, forms part of this By-law. BY-LAW read a first, second and third time this day of January 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1309 Attachment 3 REPORT NO.:CLD-002-10 Excerpt Municipal Elections Act, 1996, as amended Election Campaign Finances Contributions 66.(1 )For the purposes of this Act, money, goods and services given to and accepted by or on behalf of a person for his or her election campaign are contributions. 1996, c. 32, Sched., s. 66 (1). Additional rules ffiWithout restricting the generality of subsection (1), the following rules apply in determining whether an amount is a contribution: 1. The following amounts are contributions: i. an amount charged for admission to a fund-raising function, ii. if goods and services are sold at a fund-raising function for more than their market value, the difference between the amount paid and market value, iii. if goods and services used in a person's election campaign are purchased for less than their market value, the difference between the amount paid and market value, and iv. any unpaid but guaranteed balance in respect of a loan under section 75. 2. The following amounts are not contributions: i. the value of services provided by voluntary unpaid labour, ii. the value of services provided voluntarily, under the person's direction, by an employee whose compensation from all sources for providing them does not exceed the compensation the employee would normally receive for the period the services are provided, iii. an amount of $10 or less that is donated at a fund-raising function, iv. the value of political advertising provided without charge on a broadcasting undertaking as defined in section 2 of the Broadcasting Act (Canada), if, A. it is provided in accordance with that Act and the regulations and guidelines made under it, and B. it is provided equally to all candidates for office on the particular council or local board, v. the amount of a loan under section 75. 1996, c. 32, Sched., s. 66 (2). Value of goods and services Q.2The value of goods and services provided as a contribution is, 1310 Attachment 3 REPORT NO.:CLD-002-10 (a) if the contributor is in the business of supplying these goods and services, the lowest amount the contributor charges the general public in the same market area for similar goods and services provided at or about the same time; (b) if the contributor is not in the business of supplying these goods and services, the lowest amount a business providing similar goods or services charges the general public for them in the same market area at or about the same time. 1996, c. 32, Sched., s. 66 (3). No penalty {i)No employer shall impose any penalty on an employee who refuses to provide services voluntarily as described in subparagraph ii of paragraph 2 of subsection (2). 1996, c. 32, Sched., s. 66 (4). Expenses 67.( I )F or the purposes of this Act, costs incurred for goods or services by or on behalf of a person wholly or partly for use in his or her election campaign are expenses. 1996, c. 32, Sched., s. 67 (1). Additional rules ill Without restricting the generality of subsection (1), the following amounts are expenses: 1. The replacement value of goods retained by the person from any previous election and used in the current election. 2. The value of contributions of goods and services. 3. Audit and accounting fees. 4. Interest on loans under section 75. 5. The cost of holding fund-raising functions. 6. The cost of holding parties and making other expressions bf appreciation after the close of voting. 7. Expenses relating to a recount. 8. Expenses relating to proceedings under section 83 (controverted elections). 9. The nomination filing fee referred to in section 33. 1996, c. 32, Sched., s. 67 (2). Same Q.2The expenses described in paragraphs 7 and 8 of subsection (2) include expenses relating to recounts and proceedings under section 83 (controverted elections) from a previous election for an office on the same councilor local board, if the expenses were incurred after the person's election campaign period for that office in the previous election ended under subparagraph ii of paragraph 4 or subparagraph ii of paragraph 5 of subsection 68 (1). 1996, c. 32, Sched., s. 67 (3). 1311 Attachment 3 REPORT NO.:CLD-002-10 Duties of candidate 69. (1) A candidate shall ensure that, (a) one or more campaign accounts are opened at a financial institution, exclusively for the purposes of the election campaign and in the name of the candidate's election campaIgn; (b) all contributions of money are deposited into the campaign accounts; (c) all payments for expenses, except for a nomination filing fee, are made from the campaign accounts; (d) contributions of goods or services are valued; ( e) receipts are issued for every contribution and obtained for every expense; (f) records are kept of, (i) the receipts issued for every contribution, (ii) the value of every contribution, (iii) whether a contribution is in the form of money, goods or services, and (iv) the contributor's name and address; (g) records are kept of every expense including the receipts obtained for each expense; (h) records are kept of any claim for payment of an expense that the candidate disputes or refuses to pay; (i) records are kept of the gross income from a fund-raising function and the gross amount of money received at a fund-raising function by donations of $1 0 or less; (j) records are kept of any loan and its terms under section 75; (j.l) the records described in clauses (f), (g), (h), (i) and (j) are retained by the candidate for the term of office of the members of the councilor local board and until their successors are elected and the newly elected councilor local board is organized; (k) financial filings are made in accordance with section 78; (1) proper direction is given to the persons who are authorized to incur expenses and accept or solicit contributions on behalf of the candidate; (m) a contribution of money made or received in contravention of this Act is returned to the contributor as soon as possible after the candidate becomes aware of the contravention; (n) a contribution not returned to the contributor under clause (m) is paid to the clerk with whom the candidate's nomination was filed; and (0) an anonymous contribution is paid to the clerk with whom the candidate's nomination was filed. 1996, c. 32, Sched., s. 69 (1); 2002, c. 17, Sched. D, s. 26. 1312 Attachment 3 REPORT NO.:CLD-002-10 Contributions paid to clerk ill Contributions paid to the clerk under clause (1) (n) or (0) become the property of the local municipality. 1996, c. 32, Sched., s. 69 (2). Contributions only after nomination 70. (1) A contribution shall not be made to or accepted by or on behalf of a person unless he or she is a candidate. 1996, c. 32, Sched., s. 70 (1). Only during election campaign period ill A contribution shall not be made to or accepted by or on behalf of a candidate outside his or her election campaign period. 1996, c. 32, Sched., s. 70 (2). Who may contribute ill Only the following may make contributions: 1. An individual who is normally resident in Ontario. 2. A corporation that carries on business in Ontario. 3. A trade union that holds bargaining rights for employees in Ontario. 4. Subject to subsection (5), the candidate and his or her spouse. 1996, c. 32, Sched., s. 70 (3); 1999, c. 6, s. 43 (4); 2005, c. 5, ~. 46 (4). Same ill For greater certainty, and without limiting the generality of subsection (3), the following shall not make a contribution: 1. A federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party. 2. A provincial political party, constituency. association, registered candidate or leadership contestant registered under the Election Finances Act. 3. The Crown in right of Canada or Ontario, a municipality or local board. 1996, c. 32, Sched., s. 70 (4); 2002, c. 17, Sched. D, s. 27. Non-resident candidate, spouse ill If not normally resident in Ontario, a candidate and his or her spouse may make contributions only to the candidate's election campaign. 1996, c. 32, Sched., s. 70 (5); 1999, c. 6, s. 43 (5); 2005, c. 5, s. 46 (5). Who may accept contribution (Q) A contribution may be accepted only by a candidate or an individual acting under the candidate's direction. 1996, c. 32, Sched., s. 70 (6). Contributors ill A contribution may be accepted only from a person or entity that is entitled to make a contribution. 1996, c. 32, Sched., s. 70 (7). 1313 Attachment 3 REPORT NO.:CLD-002-10 Cash ill A contribution of money in cash that exceeds $25 shall not be made to or accepted by or on behalf of a candidate. 1996, c. 32, Sched., s. 70 (8). Election campaign finance offences 92. (1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. 1996, c. 32, Sched., . s. 92 (1). Same, individuals ill An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 1996, c. 32, Sched., s. 92 (2). Additional penalty ill If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fine set out in subsection (2). 1996, c. 32, Sched., s. 92 (3). Limitation ill No prosecution for a contravention of any of sections 69 to 79 shall be commenced more than one year after the facts on which it is based first came to the informant's knowledge. 1996, c. 32, Sched., s. 92 (4). Offences by candidate ill A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in subsection 80 (2), if he or she, (a) files a document under section 780r 79.1 that is incorrect or otherwise does not comply with that section; or (b) incurs expenses that exceed what is permitted under section 76. 1996, c. 32, Sched., s. 92 (5); 2002, c. 17, Sched. D, s. 35 (1). Exception (Q) However, if the presiding judge finds that the candidate, acting in good faith, committed the offence inadvertently or because of an error in judgment, the penalties described in subsection 80 (2) do not apply. 1996, c. 32, Sched., s. 92 (6); 2002, c. 17, Sched. D, s. 35 (2). General offence 94. A person who contravenes any provision of this Act is guilty of an offence. General penalty, individual .94.1 (1) An individual who is convicted of an offence under this Act is liable to the following penalties in addition to any other penalty provided for in this Act: 1. For any offence, a fine of not more than $25,000. 2. For any offence other than a corrupt practice, the penalties described in subsection 80 (2). 1314 Attachment 3 REPORT NO.:CLD-002-10 3. For an offence under section 90, imprisonment for a term of not more than six months. 4. For any offence that the presiding judge finds that the individual committed knowingly, imprisonment for a term of not more than six months. Same, corporation or trade union (2) A corporation or trade union that is convicted of an offence under this Act is liable to a fine of not more than $50,000 in addition to any other penalty provided for in this Act. Limitation period 94.2 (1) No prosecution for an offence under this Act in relation to a regular election shall be commenced after December 1 of the fourth year following the year in which the regular election was held. Same (2) No prosecution for an offence under this Act in relation to a by-election shall be commenced after December 1 of the year of the next regular election after the by-election. 1315 CJl[.iQgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 18, 2010 Resolution #: Report #: COD-002-10 File # By-law # N/A Subject: CO-OPERATIVE TENDER C2009-127, ASPHALT REGISTRY HOT MIX ASPHALT, COLD MIX ASPHALT AND HIGH PERFORMANCE COLD MIX ASPHAL T Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-002-1 0 be received; 2. THAT Miller Paving Limited, with a total bid price of $7,700.00 (excluding G.S.T.), being the lowest responsible bidder for delivery of hot mix, meeting all terms, conditions and specifications of Tender C2009-127, be awarded the Asphalt Hot Mix Registry for the Municipality of Clarington's requirements; 3. THAT Innovative Surface Solutions, with a total bid price of $189,500.00 (excluding G.S.T.), being the lowest responsible bidder for delivery of high performance cold mix, meeting all terms, conditions and specifications of Tender C2009-127, be awarded the Asphalt High Performance Cold Mix Registry for the Municipality of Clarington's requirements; 4. THAT the funds expended for hot mix in the amount of $7,700.00 be drawn from the Department of Operations, 2008 unspent High Float program in account number 100-00-000-00000-2926 in the amount of $7,700.00, and 1401 REPORT NO.: COD-002-10 PAGE 2 5. THAT the funds expended for high performance cold mix in the amount of of $189,500.00 be drawn from the Department of Operations, 2008 unspent High Float program in account number 100-00-000-00000-2926 for $9,300.00, 2009 unspent High Float Program in account number 110-36-330-83680-7401 for $19,700.00 and 2010 Current Budget Pavement Patch account 100-36-381-10255- 7112 in the amount of $160,500.00. Submitted by: Reviewed by: (]~~ Franklin Wu, Chief Administrative Officer MM\JDB\BH/km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-41m2 REPORT NO.: COD-002-10 PAGE 3 1. BACKGROUND AND COMMENT 1.1 A tender for the supply and delivery of Hot Mix Asphalt, Cold Mix Asphalt and High Performance Cold Mix was issued on a Co-operative basis with the Municipality of Clarington, City of Oshawa, City of Pickering, Town of Ajax, Town of Whitby, Township of Scugog and the Region of Durham participating. The host agency for the tender call was the City of Oshawa. The intent of the tender was to set-up a registry of vendors to allow the co- operative agencies to obtain asphalt products on an as required basis from the vendor providing the best price. The Municipality of Clarington has requirements for hot mix and high performance cold mix. 1.2 The tender was publicly advertised and called for bids on the basis of an Asphalt Registry - Hot Mix Asphalt, Cold Mix Asphalt and High Performance Cold Mix as required by the co-operative agencies. 1.3 The contract resulting from this tender will cover the supply and delivery of various asphalt products on an as required basis for a one year term. 2. ANALYSIS 2.1 A summary of bids received for the Municipality of Clarington requirements is attached and marked as Schedule "A". The tabulation lists the total bid amounts for the contract and provides an estimated value of the contract based on historical product consumption. 2.2 The recommendation is to award the contract as follows: . Miller Paving Limited, with a total bid price of $7,700.00 (excluding G.S.T.), being the lowest responsible bidder for delivery of hot mix, be awarded the Asphalt Hot Mix, and 1403 REPORT NO.: COD-002-10 PAGE 4 . Innovative Surface Solutions, with a total bid price of $189,500.00 (excluding G.S.T.), being the lowest responsible bidder for delivery of high performance cold mix, be awarded the Asphalt High Performance Cold Mix. 3. c FINANCIAL IMPLICATIONS 3.1 The Municipality of Clarington estimated requirements for hot mix asphalt is $7,700.00 and high performance cold mix is $189,500.00. 3.2 The tender was issued for the purpose of establishing a registry of vendors to allow all participating agencies including the Municipality of Clarington to purchase hot mix, cold mix and high performance cold mix on an as required basis. The Municipality is not committed to purchase the estimated quantities. 3.3 The percent price decrease over 2009 pricing is as follows; 19.8% for hot mix and 4.6% for cold mix. The percent price increase over 2009 pricing is 4.7% for high performance cold mix. 3.4 The required funds for hot mix will be drawn from the Department of Operations, 2008 unspent High Float program in account number 100-00- 000-00000-2926 for $7,700.00. 3.5 The required funds for hot mix and high performance cold mix will be drawn from the Department of Operations, 2008 unspent High Float program in account number 100-00-000-00000-2926 for $9,300.00 and 2009 unspent High Float program in account number 110-36-330-83680-7401 for $19,700.00. The remaining funds of $160,500.00 will be allocated from the 2010 Current Budget Pavement Patch account 100-36-381-10255-7112. 1404 REPORT NO.: COD-002-10 PAGE 5 3.6 The 2010 Current Budget of $160,500.00 is in draft form and Council approval is required prior to the allocation of funds. If Council should not approve the budget amount, then quantities will have to be reduced. 3.7 Queries with respect to department needs, specifications, etc., should be referred to the Operations Coordinator. 3.8 The Director of Finance has reviewed the funding requirements and concurs with the recommendation. 4. CONCLUSION After further review and analysis of the bids by Purchasing, the Durham Purchasing Co-operative and Operations Department, it is respectfully recommended that the Municipality of Clarington requirements for Hot Mix Asphalt and High Performance Cold Mix be awarded as identified in the recommendations of this report. 5. INPUT FROM OTHER SOURCES This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Operations Co-ordinator Director of Finance Attachments: Attachment 1 - Schedule "A", Bid Summary 1405 C~-!l1gton Schedule "An Bid Summary Tender C2009-127 REPORT CORPORATE SERVICES DEPARTMENT Miller Paving Coco Paving Innovative Surface Municipality Limited Incorporated Solutions of Clarington Markham, ON Toronto, ON Ajax, ON Products Requirements Unit (excluding GST) (excluding GST) (excludina GST) Driveway Mix no bid no bid no bid HL3 Hot Mix 100 t $7,700.00 no bid no bid *Cold Mix 100 t $10,400.00 $10,600.00 no bid High Performance Cold Mix Asphalt 1700 t $202,300.00 $204,000.00 $189,500.00 *due to budget limitations, Operations has removed the requirement for cold mix ~ o en CI~pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 18, 2010 Resolution #: Report #: COD-003-10 File#_ By-law # N/A Subject: TENDER NO. CL2009-44 - NEWCASTLE ARENA ROOF REPLACEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-003-1 0 be received; 2. THAT Bel-Con Design-Builders Limited, Belleville, Ontario, with a total bid in the amount of $322,960.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-44, be awarded the contract for Newcastle Arena Roof Replacement, as required by the Municipality of Clarington, Operations Department; and 3. THAT the funds required in the amount of $349,250.00 (i.e., which includes $322,960.00 for tendering and contingencies), be drawn from Recreational Infrastructure Canada (RINC) Funded Project (Newcastle Arena Roof) account number 110-36-370-83674-7401. Submitted by: Reviewed by: 0 ~ -.2. ~ Franklin Wu, Chief Administrative Officer MM\JDB\BH CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1407 REPORT NO.: COD-003-10 PAGE 2 1. BACKGROUND AND COMMENT 1.1. Tender CL2009-44 Newcastle Arena Roof Replacement was advertised and issued with bids being received as per Schedule "A" attached. 1.2 Tender specifications were provided by Barry Bryan Associates (BBA) Limited for the Newcastle Arena Roof Replacement as required by the Operations Department. 2. ANALYSIS 2.1 After review and analysis of the bids by the Operations Department, BBA Limited and Purchasing, it was mutually agreed that the low bidder, Bel-Con Design-Builders Limited, Belleville, Ontario, be awarded for the contract for the Newcastle Arena Roof Replacement project. 2.2 Bel-Con Design-Builders Limited has performed satisfactory work for the Municipality of Clarington in the past. 2.3 Queries with respect to the department needs, specifications, etc. should be referred to the Operations Coordinator. 3. FINANCIAL 3.1 The required funds for this acquisition total $322,960.00 (plus G.S.T.) and fall within the allocated RINC Funded Project (Newcastle Arena Roof) budget for Operations. 3.2 Funds in the amount of $26,290.00 are still available and are to be reserved for contingency in case of unforeseen additional expenses during the project. 1408 REPORT NO.: COD-003-10 PAGE 3 4. CONCLUSION 4.1 To award the contract to Bel-Con Design-Builders Limited, Belleville, Ontario for the Newcastle Arena Roof Replacement. Based on the contract work schedule, the project will be completed by May 31, 2010. 5. INPUT FROM OTHER SOURCES 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Operations Coordinator Attachments: Attachment 1 - Schedule "A", Bid Summary 1409 Cl~n REPORT CORPORATE SERVICES DEPARTMENT Schedule "A" Bid Summary Tender CL2009-44 BIDDER . n-Builders Ltd. Bel-Con Deslg Belleville, ON . fng Corporation Semple Gooder Roo I Belleville, ON Roofing Limited Nortex Toronto, ON TOTAL BID (GST Excluded) $322,960.00 $475,986.00 no bid 1410 HANDOUTS/CIRCULA TIONS GPA What is BizPaL? BizPaL is being offered by more than 375 municipalities across Canada. It is an web-based, one-stop, self-service tool that that allows business clients to easily generate a customized list of the permits and licenses they may require from all levels of government- federal, provincial, and municipal through partnering websites such as www.clarinoton.net. Each partner is responsible for maintaining its own information. B;zPaL Your source for online Business Permits and Licences How does it work? Step 1 . Identify the location and type of business you are opening or currently operating. Step 2 . Answer the series of questions provided by BizPaL for your business sector; for example, if a restaurant, will you be serving alcohol: yes or no? Step 3 . You're done! Confirm your answers and BizPaL will automatically produce a customized list of potential business permit and license information based on the information you provided. From this list, you can click on each permit or license and you will get more information. including: . A brief description; . Whether there are any prerequisites or inspections required; . Links to more information and contact numbers; and . For many permits and licenses, direct access to application forms, both to print or where available online Is infonnation available for all business sectors? Yes and since we manage the Clarington information, new information and/or changes to existing information can be modified very quickly Is there a cost to use this service? This is a free service provided by Service Ontario. Do I have to be a member of a group or sign up for anything to use the system? No. The system is available for anyone to use. Will I get a list of ALL the permits and licenses I'll need? The system generates your list depending on your responses to the questions. The more accurately you answer the questions, the more accurately BizPaL can produce the forms and permit information. Will BizPaL supply the applications I'll need? After you answer the targeted questions, BizPaL will provide either; . A link to an on-line application; · A downloadable version of the application; or . Contact information where you can get additional information. Where can I find BizPal on the Clarington website? There is a link to the Clarington BizPal under the SERVICES tab, or it can be accessed directly at www.c1annoton.net/htdocs/ecdev-bizoal.htmi Agricultural Advisory Committee of C1arington 2009 Accomplishments 2009 Election: . Chair: . Vice-Chair Gary Jeffery Brenda Metcalf Guests and presentations topics: y' Peter Titanic, MPAC Senior Farm Valuation Analyst y' Perry Sisson, CLOCA and Mark Peacock, GRCA areas of drainage concern (an interactive session using the GIS mapping of the Municipality) y' John O'Toole, M.P.P., items of interest on the provincial scene y' Donna Lee Babalow regarding Farmers Forum and Feast y' Leslie Benson, Engineering Services, Loading on the Roadway y' Sean Cooper, Plamen Petkov, Canadian Federation of Independent Business and the Harmonized Sales Tax y' Kirk Kemp, Algoma Orchards- tour and explanation of new facility y' Gary Jeffery, Update to the Pesticides Act and regulations Resolution Highlights: y' Passed Resolution that proposed changes to Highway Traffic Act about half load restrictions. y' Passed resolutions regarding support for Ontario farmers and purchasing Ontario produce as it affects various commodity groups, including advising Council on when to endorse resolutions from others y' Passed resolution calling on the Provincial Government to reinstate subsidy for deadstock Provided Comments on: Sign Bylaw review Climatology testing and Viticulture proposal Clarington Official Plan Review Homegrown Ontario Branding Commodity Group requests for special resolutions 407 proposals for road closures, over and under passes, width or passageways, etc. Watershed Planning studies that are underway Pesticide Act regulations (monitoring Non-Agricultural Source Material Regulations (Nutrient Management Act) Grow the Greenbelt Proposal Committee involvement in: Clarington Farmers' Market Farmers Parade of Lights Durham Agricultural Advisory Committee 407 Advisory Committee of Clarington Durham Farm Connections Clarington Board of Trade Durham Federation of Agriculture .F ....", ..~~ Hachey Property jol"""""""'~"''''~--''''-''''' Part LoU; l5 and 8,Con 10, Clarlngton R.P.4M-25079 P.I.N.26743-ll1)32 Part Lot 5, Con 10,Clarlngton R.P. 10R-1668. 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