HomeMy WebLinkAbout01/18/2010
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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
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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
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January 18, 2010
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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
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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
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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.
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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
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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.
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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
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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
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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
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General Purpose and Administration Committee
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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.
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General Purpose and Administration Committee
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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
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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
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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
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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
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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.
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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
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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
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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
'~\
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.. _.. C1erlng1on Energy BulInetI Park.Area Boundary
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MAPA
LAND USE
AND PRIMARY ROADS
CI,ARlNGTON r..NrRGY
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SeCONDARY PLAN
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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.
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LJ l. CONCESSION ROAD 6
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Proposed 407 Route
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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
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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
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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 -
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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>
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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..
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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
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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
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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
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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
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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
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R:IPlanninglHARD I NGIOSpecialProjectslF LangmaidlBowmanville ValleylandsWalleyland Owners
C,!{lQllgton Bowmanville Valleylands Showing Transferrable CLOCA Lands
843
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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
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long Sault Conservation Area Showing Transferrable M.O.C. lands
or
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~ Transferrable M.O.C Lands
~ M.O.C.Lands
.. Lands Of Interest To CLOCA
.. Durham Region Lands
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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
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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
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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
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(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..' .-./,..,,,
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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
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lot-128
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lot-126 (,,) lot-111
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lot-125 I- torn 8
en
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lot-124 lot-119
lot-123
lot-120
Lot-122
tof121
GORD VINSON AVENUE
Property Location Map (Courtice)
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ZBA 2009-0020
Lots affected By Part Lot Control
40M-1929 Lot 15
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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
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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 ',---'----'-----"'-''-'-'--",.''''-----
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$16.000,000 .
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$4,000,000
$2,000,000
SO
I Value
Historical Data "YEAR TO DATE"
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I
I
$200,000,000 +---,
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$100,000,000i---.
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" I
I
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: 2009 I 2008 , 2007 I
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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
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