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HomeMy WebLinkAbout05/03/2010 Cl~iJlgron GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: May 3,2010 9:30 A.M. COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of April 19, 2010 401 5. PRESENTATIONS (a) John Presta, Director of Environmental Services, Region of Durham Works Department, Regarding Source Water Protection 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) 601 (a) Brad Arbour, Co-ordinator, Firehouse Youth Centre, Regarding An Update on Firehouse Youth Centre Activities (b) Stephanie Zibert (or Ben Earle), Community Development Council of Durham, Regarding the Joint Community Project with North Durham Social Development Council (c) Kevin Anyan, Don Gleed, Tim Funchion, Regarding A Ribfest Update (d) Jim Richards, Requesting an Apology from Mayor Abernethy for Curtailing His Freedom of Speech as Guaranteed Under the Canadian Charter of Rights and Freedoms (e) Jeremy Woodcock, Regarding Policy H18 - Political Activities - the Recreation Centre's Rental Policy and a Violation of His Charter of Rights and Freedoms. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 G.P. & A. Agenda -2- . May 3,2010 (f) Gler:'l Genge, b.G. Biddle & Associates, Regarding' PSD-057-10, Regarding Proposed Neighbourhood Design plan and Official Plan Amendment to Add Three (3) Medium Density Residential Symbols and Change Housing and Population Targets in the Foster'Neighbourhood of the Official Plan 7. PUBLIC MEETINGS (a) Amendment to the Clarington Official Plan and Zoning By-law 701 Applicant: Norm and Jo-Anne Lansing Report; PSD-055-10 8. PLANNING SERVICES DEPARTMENT (a) PSD-055-10 Applic.ation to Amend the Clarington Official Plan and . 801 Zoning 'By-Iaw to Permit an Apartment-In-House within a Single. Detached Dwelling Applicant: Norm and Jo..Anne Lansing (b) PSD-056-10 Application for Removalof Holding for 201 Medium 813 Density Residential Units Applicant: Kaitlin Homes Aspen IV Ltd. (c) PSD-057-10 Proposed Neighbourhood Design Plan and Official Plan 819 Amendment to Add Three (3) Medium Density Residential Symbols and Change Housing and Population Targets in the Foster Neighbourhood of the Official Plan Applicants: Patricia Stephenson, Robert and Daniele Stephenson, and Garthwood Homes Limited (d) PSD-058-10 Monitoring of the Decisions of the Committee of -838 Adjustment for the Meeting of April 22, 2010 (e) PSD-059-10 BILD - Municipal Best Practices, December 2009, 846 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-013-10 Municipal Identification Displays 901 (b) EGD-016-10 Reconstruction of Liberty St. from Baseline to King S1. E. - 912 Bowmanville (c) EGD-017-10 Additional Rural Road Surface Improvements (Distributed under Separate Cover) 10. OPERATIONS DEPARTMENT No Reports G.P. & A. Agenda -3- May 3, 2010 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-006-10 Monthly Response Report - March.2010 1101 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-011-10 Creation of Business Registry 1301 (b) CLD-012-10 2010 Municipal Elections - Compliance Audit Committee 1304 (c) CLD-013-10 1 st Quarter Parking Report 1321 (d) CLD-014-10 Newcastle/Bond Head Ratepayers' Association Concerns 1324 (e) CLD-015-10 Installation of "Deaf Child" Signs 1328 14. CORPORATE SERVICES DEPARTMENT (a) COD-016-10 Tender No. CL2010-14 - Supply & Hauling of Granular 1401 Material (b) COD-017-10 Co-Operative Tender No. T-539-2010 - Supply, Delivery 1409 and Application of Calcium/Magnesium Chloride (c) COD-019-10 Ontario Power Authority - Demand Response Program 1415 (DR3) 15. FINANCE DEPARTMENT (a) FND-01 0-1 0 Financial Update as at March 31, 2010 1501 (b) FND-011-10 Annual Leasing Report - 2009 1507 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS 19. OTHER BUSINESS G.P. & A. Agenda - 4- May 3,2010 20. COMMUNICATIONS (Referred from Councilor Urgent) 21. CONFIDENTIAL REPORTS 22. ADJOURNMENT CI~mgron General Purpose and Administration Committee Minutes April 19, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, April 19, 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 W. Woo Councillor C. Trim Chief Administrative Officer, F. Wu Deputy Fire Chief, M. Berney Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Deputy Treasurer, L. Gordon Acting Director of Planning Services, F. Langmaid Director of Corporate Services & Human Resources, M. Marano Deputy Clerk, A. Greentree Clerk II, J. Gallagher Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Novak announced that the Central Lake Ontario Conservation Area has scheduled a tree planting event on Saturday, April 24th from 9:00 a.m. to noon and encouraged everyone to participate. Councillor Novak also noted that the Clarington Older Adults Association (COM) held a sold-out variety evening on Saturday. As well, the COM is holding a volunteer appreciation evening on Wednesday, April 21,2010 starting at 5:00 p.m. - 1 - 401 General Purpose and Administration Committee Minutes April 19, 2010 Councillor Robinson announced that he attended a fund raising event at the Kendal Community Centre, to raise funds in excess of $7500 for an area family in need. Councillor Robinson thanked the sponsors and those that attended the event. Councillor Robinson also announced that on Saturday, April 17, 2010, he attended the retirement of Alf Alldread, the former Newcastle District Fire Chief. Also, he announced the opening, on April 17th of the art event, "Piece of Mind", regarding recycling and what can be done. Councillor Robinson encouraged the Region to work with individuals and groups like this to make use of recyclables. Councillor Foster announced that retired police chief, Kevin McAlpine, has accepted the position of police chief of Port Hope. He noted his involvement in the community and wished him well in the future. Councillor Hooper announced that on Saturday, April 1 ih most of Council attended the opening of Addie's Dairy and Frozen Foods at 219 King Street East. In addition, he noted that there was recently an opening of a new records store called Vinyl Alibi Records located at 19 Scugog Street. Councillor Hooper thanked the Board of Trade for their involvement in bringing people to our municipality. MINUTES Resolution #GPA-234-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on March 29, 2010, be approved. CARRIED PRESENTATIONS Christine Fahey, Director, Port Hope Area Initiative Management Office (PHAIMO), addressed the Committee with an update on the Port Granby Project. She introduced the representatives related to the presentation. Ms. Fahey provided the Committee with a recap of the transition phase, which includes three project phases (regulatory approvals; construction and development; and long-term monitoring and maintenance). She noted that, in 2008, the transition phase was approved to bridge the completion of Phase 1 and Phase 2. Ms. Fahey stated that there is a $30 million federal government investment in 2008 with an additional $18 million in January, 2010. She reviewed the environmental assessment stages, noting that PHAIMO would be consulting with the public in the development of the biophysical effects program to be launched in the spring. Ms. Fahey informed the committee that AECOM Canada Limited has been -2- 402 General Purpose and Administration Committee Minutes April 19, 2010 selected as the design consultant for a contract totalling $10.8M. She noted that the design scope includes the new Long Term Waste Management Facility (L TWMF) and remediation sites, construction planning and cost estimate; construction document preparation; and overseeing the construction work. Ms. Fahey advised that the End Use Committee Report was completed and advanced for acceptance in March, 2010. She noted that the discussions currently taking place with property owners are part of the follow-up program commitment. Ms. Fahey noted that the licensing strategy was revisited based on the Port Hope Project experience. . The timing for the Canadian Nuclear Safety Commission (CNSC) hearing has been deferred until late 2011, with no impact on the 2012 start date for construction. Ms. Fahey reviewed the ongoing programs which include stakeholder relations, municipal administration cost recovery, municipal tax revenue loss, property value protection, and real estate agent knowledge. Regarding project governance, Ms. Fahey reviewed the establishment of the PHAIMO office and noted that the federal government recently appointed them to lead the project. In summary, Ms. Fahey reviewed the focus for the next 18 months, which includes: completing the detailed design for new L TWMF; developing and implementing environmental assessment follow-up programs; establishing visual and sound barriers; preparing licence application for CNSC consideration; meeting the legal agreement program commitments; and keeping municipal officials and local residents informed on progress related to Port Granby Project. Eha Naylor, The ENVision Group, addressed the Committee regarding Report PSD-051-10, regarding the Port Granby Project - Report of the End Use Advisory Committee. Ms. Naylor was accompanied by Mr. Gary Vandergaast, from PHAIMO. Mr. Vandergaast noted that the End Use Plan is part of the agreement and reminded the Committee that the study began in late 2007 which was followed by the development of the End Use Plan. Ms. Naylor began with an overview of the stages involved in the study, which were background data collection and review, policy review, field work, concept development, public consultation/review, development of the preferred master plan, draft report, public meetings, and final report. She assured the Committee that the public has been involved. Ms. Naylor informed the Committee of the landscape planning objectives for the report which were to: create a nature reserve, enable natural regeneration, design with the natural heritage framework, create diversity, build linkages, enhance the shoreline ecosystem, minimize the ecological footprint, maximize benefits, and ensure that infrastructure is unobtrusive. She provided the Committee with a summary of background activities. Ms. Naylor noted some site characteristics including a review of the regional physiography, hydrology, ecological land classifications, and natural heritage. She noted that science has led the design which resulted in the natural landscape of drumlins directing the strategy. Ms. Naylor noted that there have been precedents in other remediation projects to use local landform and typologies for guidance. She informed the Committee of the vision and guiding principles. Ms. Naylor stated that they had developed three preliminary concepts - meadow, forest, and agriculture and undertook a design study in order to refine and recommend a concept. The recommended concept takes aspects from each - 3- 403 General Purpose and Administration Committee Minutes April 19, 2010 of the concepts, which includes a drumlin, woodland area and linkages. She noted that the concept goes beyond the licensed areas and includes adjacent lands in the study area. Adam Labijak, Web Technician, addressed the Committee regarding the new look for the municipal website. Mr. Labijak reviewed the new colour schemes, the accessibility, the language, the interactive features, and statistical analysis of the website. He noted that there is a colour scheme associated with each of the areas of interest on the navigation menu. He also reviewed the changes that are being made in order to be compliant with the W3C standards which states that all websites must be accessible for people with disabilities. W3C is the main international organization for standards on the world wide web. Mr. Labijak noted that these changes include: no border to allow for different size screens; text size adjustor, print size feature which ensures no loss of content when printing; visibility to screen readers; and service disruption page. He explained the new "how do I" page. Mr. Labijak stated that there has been great success on the implementation of the events calendar, recently implemented in January, 2010, which allows users to submit their own events to the calendar. He noted that the Communications & Marketing Division reviews the submissions and upon approval, it becomes live on the calendar within the website. Mr. Labijak noted that the home page includes the next four upcoming events. He provided the Committee with some interesting statistics regarding the website, including 68,000 page views, 21,000 unique visitors and 6000 views of the calendar page in March 2010. Mr. Labijak informed the Committee that he will be forwarding a test link to Council and staff looking for feedback before implementing the new website. SUSPEND RULES Resolution #GPA-235-1 0 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Rules of Procedure be suspended. CARRIED (See following motion) Resolution #GP A-236-1 0 Moved by Councillor Robinson, seconded by Councillor Woo THAT Tom Rees be added as a delegation at the end of the delegation section. CARRIED -4- 404 General Purpose and Administration Committee Minutes April 19, 2010 RECESS Resolution #GP A-237 -10 Moved by Councillor Robinson, seconded by Councillor Novak THAT the Committee recess for a 10 minute break until 11 :00 a.m. CARRIED The meeting resumed at 11 :00 a.m. DELEGATIONS Chuck MacDonald, West Beach Cottagers Association, was present regarding Report PSD-050-10, West Beach Cottagers. Mr. MacDonald presented a signed petition regarding a request for the residents to be allowed to stay on the property until the land is developed into a park by the Municipality. He thanked Council and Ms. Langmaid and municipal staff for their assistance during this process. Ross Smith was present regarding Report PSD-050-10, West Beach Cottagers. Mr. Smith stated that he was also speaking on behalf of his wife, Sharon. He also thanked Ms. Langmaid for answering questions and concerns. He stated that he supports the agreement. Mr. Smith extended an invitation to the Mayor and Council to join them at their wedding reception during the Civic holiday weekend. Sharon Eccles was present regarding Report PSD-050-1 0, West Beach Cottagers. Ms. Eccles stated that she was very pleased with the proposal. Dr. Ted Bounsall was called, but was not present. Glen Genge, D.G. Biddle & Associates, was present regarding Report PSD-049-10 to permit the Construction of a Golf Driving Range and Accessory Uses. Mr. Genge was present representing two of the landowners whose property abuts the subject lands. He stated that his clients are requesting that, during the site plan approval, regard be given for requiring the driving range owner to erect a six foot cedar hedge, in addition to the proposed netting. Mr. Genge stated that if this is not done, his client's privacy and security will be compromised. He also stated that his clients are concerned about an old wire fence which they deem a hazard. He requested that it be removed or replaced. - 5 - 405 General Purpose and Administration Committee Minutes April 19, 2010 Ken Bromley was present regarding Report PSD-052-10, concerning the appeal of Zoning By-Law Amendment, applicant: Green Martin Holdings Ltd. Mr. Bromley stated that he is concerned about the proposed change of zoning. He stated that he appreciates Council's decision to deny the proposed zoning change. Mr. Bromley gave credit to the Clerk's Department in the notice of the denial for noting that representation was made to the purchasers of the earlier properties. He stated that he plans to appear at the Ontario Municipal Board hearing. Bob Kreasul was present, representing the resident boaters of Port Darlington Marina, regarding Report PSD-042..;1 0, concerning Dredging - Bowmanville and Newcastle (Bondhead) Municipal Boat Launches. Mr. Kreasul reminded the Committee that he had forwarded a letter to Council following the tast GPA meeting. He reiterated that he is not asking Council to pay for any dredging on private property. Mr. Kreasul suggested that, by using the pay-and-display machine in the parking area, the Municipality could recuperate the costs from the users. He informed the Committee that the Town of Cobourg has put forward a quote of $40,000 to perform the dredging from the boat launch to the lake. Mr. Kreasul stated that there are 60 businesses depending on the channel, including tour boat operators. Anne McGuey was present regarding Report FND-009-10, regarding Tax Office change of ownership fee. Ms. McGuey stated that she is concerned about the $25 administration fee that she was charged. She informed the Committee that she had written to the Municipality asking why there is an administrative fee for this service, which she believes should be paid for by the property taxes. Additionally, the service fee was to be effective on January 1, 2010, however her house was purchased in October, 2009. Ms. McGuey stated that she received a copy of Report FND-009-1 0 and further that she has yet to receive a satisfactory answer. She further noted that she had recently purchased a home in Newcastle and has yet to receive a tax bill. Tom Rees, Planner, Biglieri Group, was present representing the applicant for the rezoning of land for a golf driving range. Regarding the staff Report PSD-049-10, he stated that it is his client's proposal to have a driving range, pro shop and restaurant together. Mr. Rees stated that the staff report has indicated that the restaurant has been limited to certain hours, scope and size in order to downplay the restaurant. He stated that his client agrees to the operating hour restriction, but was concerned about the ambiguity regarding the restaurant use (whether it is a canteen or full restaurant). In addition, Mr. Rees indicated that he is concerned about staff's proposal which reduces the size of the restaurant area and would ask for flexibility on this issue. Mr. Rees requested that a decision not be made at this time to allow for further discussions with staff. Councillor Novak chaired this portion of the meeting. -6- 406 General Purpose and Administration Committee Minutes April 19, 2010 PUBLIC MEETING There were no public meetings scheduled. PLANNING SERVICES DEPARTMENT APPLICATION TO PERMIT THE CONSTRUCTION OF A GOLF DRIVING RANGE AND ACCESSORY USES Resolution #GPA-238-1 0 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-049-10 be tabled until the Council meeting of April 26, 2010 to allow staff the opportunity to meet with the applicant. CARRIED OFFER OF COMPENSATION TO COTTAGE OWNERS RESPECTING THE EXPROPRIATION OF THE WEST BEACH LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK Resolution #GPA-239-10 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-050-10 be adopted; THAT Council approve the offer of settlement set out in the letter from Faye Langmaid to Chuck MacDonald and Gary Cole dated March 12, 2010 (Attachment 1 to Report PSD-050-10) and accepted by the cottage owners listed in Schedule 1 as set out in their consent (Attachment 8 to Report PSD-050-10); THAT the Municipality's solicitor be authorized to: (i) prepare a Memorandum of Understanding (MOU) between the Municipality and the cottage owners listed in Schedule 1 to Report PSD-050-10 containing provisions necessary to give effect to the offer of settlement referred to in paragraph 2, and (ii) protect the Municipality's interests as considered to be appropriate by the Director of Planning Services, and to prepare the leases and other documents to implement the Memorandum of Understanding; - 7- 407 General Purpose and Administration Committee Minutes April 19, 2010 THAT Council pass a by-law (Attachment 9 to Report PSD-050-10) to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute the Memorandum of Understanding and the leases and documents necessary to implement the intent of Report PSD-050-1 0 as referred to in Recommendation 3; provided that the Municipality is satisfied that the cottages are fit for habitation and in compliance with health, safety, housing and maintenance standards; THAT subject to the execution of the Memorandum of Understanding referred to in Recommendation 3, the Municipal Clerk be authorized to withdraw the applications to the Landlord and Tenant Board under the Residential Tenancies Act, 2006 to terminate the tenancies of the cottage owners who have executed the Memorandum of Understanding; THAT the Director of Planning Services be authorized to continue discussion with the owners of the cottage on Lot 17 on Plan 345 regarding settlement of compensation for all claims under the Expropriations Act and/or arrangements respecting the relocation of the cottages to other lands and report back at a later date; THAT the Director of Planning Services continue to pursue the notice of termination of the owner of the cottage on Lot 17 on Plan 345 under the Residential Tenancies Act, 2006 unless a settlement is reached in advance of the hearing; THAT the Director of Operations be authorized to demolish the buildings and structures previously owned by the Port Darlington Harbour Company (the structures on all other lots except those listed in Report PSD-050-1 0); THAT the Director of Planning Services, the Municipality's Solicitor, the Municipal Clerk, the Director of Operations and the Director of Engineering Services be authorized to take all necessary actions to implement the intent of Report PSD-050-1 0, the Memorandum of Understanding referred to in Recommendation 3 and leases and other documents necessary to implement the MOU; and THAT all interested parties be notified of Council's decision. CARRIED PORT GRANBY PROJECT REPORT OF THE END USE ADVISORY COMMITTEE Resolution #GPA-240-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-051-10 be received; - 8 - 408 General Purpose and Administration Committee Minutes April 19, 2010 THAT the Report of the Port Granby Project End Use Advisory Committee be received with thanks and endorsed; THAT Frances Brooks and Luanne Hill be thanked for their work in preparing the End Use Report; THAT the Port Hope Area Initiative Management Office and Natural Resources Canada be requested to initiate discussions with the Municipality of Clarington, the Municipality of Port Hope and the Ganaraska Region Conservation Authority with respect to the implementation of the Full Concept prepared by the End Use Committee, including the ownership and management of the subject lands; THAT a copy of Report PSD-051-10 and Council's decision be forwarded to the Port Hope Area Initiative Management Office, Natural Resources Canada, the Municipality of Port Hope, the Ganaraska Region Conservation Authority, Frances Brooks, Luanne Hill, and the Southeast Clarington Residents Association; and THAT all interested parties listed in Report PSD-051-10 and any delegations be advised of Council's decision. CARRIED APPEAL OF ZONING BY-LAW AMENDMENT APPLICANT: GREEN MARTIN HOLDINGS LTD. Resolution #GPA-241-10 Moved by Councillor Hooper, seconded by Mayor Abernethy THAT Report PSD-052-10 be received; and THAT all interested parties listed in Report PSD-052-10 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 8,2010 Resolution #GPA-242-1 0 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-053-10be received; and - 9- 409 General Purpose and Administration Committee Minutes April 19, 2010 THAT Council concurs with the decisions of the Committee of Adjustment made on April 8, 2010 for applications A2010-0007 through A2010-0014, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED SALE OF SURPLUS PROPERTY -182,186,190,194 GEORGE REYNOLDS DRIVE, FORMER TRULLS ROAD FIRE STATION SITE Resolution #GPA-243-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-054-10 be received; THAT a By-law be passed to confirm and ratify the realty services agreement between the Municipality of Clarington and Ryan Realty Services Ltd.; . THAT a By-law be passed to ratify and confirm the Agreement of Purchase and Sale between the Municipality and 1529250 Ontario Inc., including the payment of commission to Ryan Realty Services Ltd. as provided in the Agreement on its completion; THAT a By-law be passed to authorize the sale and transfer of the lands identified as Parts 2,3,4 and 5, Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190, and 194 George Reynolds Drive, Courtice; THAT the net proceeds from the sale of the surplus properties be deposited into the Municipal Acquisition Reserve; THAT staff and the Municipality's Solicitor be authorized to take all necessary actions to complete the transaction; and THAT all interested partied in Report PSD-054-10 be notified of Council's decision. CARRIED Councillor Foster chaired this portion of the meeting. - 10- 410 General Purpose and Administration Committee Minutes April 19, 2010 ENGINEERING SERVICES DEPARTMENT EXECUTION OF AGREEMENT WITH THE REGION OF DURHAM HEALTH DEPARTMENT TO DELEGATE RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT IN RESPECT TO SEWAGE SYSTEMS Resolution #GPA-244-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-011-10 be received; THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the agreement with the Regional Municipality of Durham attached to Report EGD-011-10, as Attachment #1, for the administration of the Building Code Act and the Ontario Building Code, as it relates to the enforcement of small capacity sewage systems; THAT the by-law attached to Report EGD-011-1 0, as Attachment #4, be forwarded to Council; and THAT a copy of Report EGD-011-10, Council's resolution and the by-law be forwarded to the Regional Municipality of Durham. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2010 Resolution #GPA-245-1 0 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report EGD-014-10 be received for information. CARRIED JANE STREET ROAD RECONSTRUCTION & FLETT STREET PAVEMENT REHABILITATION - PUBLIC INFORMATION CENTRE Resolution #GPA-246-1 0 Moved by Councillor Novak, seconded by Councillor Woo THAT Report EGD-015-10 be received; - 11 - 411 General Purpose and Administration Committee Minutes April 19, 2010 THAT Staff proceed to finalize the detail design and tender based on the information received at the Public Information Centre to meet the summer 2010 construction start schedule; and THAT all those who attended the Public Information Centre and who have contacted the Municipality as interested parties be informed of this Report. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT FRAGRANCE FREE RECREATION FACILITIES Resolution #GPA-247-1 0 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CSD-003-10 be received for information. CARRIED COMMUNITY GRANT REQUEST - ORONO AMATEUR ATHLETIC ASSOCIATION Resolution #GPA-248-10 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report CSD-004-10 be received; THAT Council approve the grant request submitted by the Orono Amateur Athletic Association under the Community Grant Program, in the amount of $2500; and THAT the Orono Amateur Athletic Association be advised of Council's decision. CARRIED - 12 - 412 General Purpose and Administration Committee Minutes April 19, 2010 COMMUNITY GRANT REQUEST - NEWCASTLE SANTA CLAUS PARADE Resolution #GPA-249-1 0 Moved by Councillor Woo, seconded by Councillor Foster THAT Report CSD-005-10 be received; THAT Council approve the grant request submitted by the Newcastle Santa Claus Parade under the Community Grant Program, in the amount of $2500; and THAT Martha Hendrikx, President, Newcastle Santa Claus Parade be advised of Council's decision. CARRIED CLERK'S DEPARTMENT There were no reports to be considered under this section of the Agenda. Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT TENDER CL2010-12 - SUPPLY & DELIVERY OF ONE (1) HYDRAULIC EXCAVATOR Resolution #GPA-250-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report COD-012-10 be received; THAT Amaco Construction Equipment Incorporated, Mississauga, Ontario, with a total bid in the amount of $307,622.88 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-12, be awarded the contract for Supply & Delivery of One (1) Hydraulic Excavator, as required by the Municipality of Clarington, Operations Department; and THAT the funds expended be drawn from the Operations Department 2010 Replacement of Fleet-Roads Account 110-36-388-83642-7401. CARRIED - 13 - 413 General Purpose and Administration Committee Minutes April 19, 2010 CLARINGTON.NET NEWSLETTERS Resolution #GPA-251-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report COD-013-10 be received; THAT the Clarington.net newsletter continue to be produced and distributed by the Municipality of Clarington; and THAT Metroland, Durham Region Media group be thanked for their proposal submitted to the 2010 budget for consideration. CARRIED FINANCE DEPARTMENT REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - JANUARY TO MARCH 2010 Resolution #GPA-252-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report FND-008-10 be received for information. CARRIED TAX OFFICE - CHANGE OF OWNERSHIP FEE Resolution #GPA-253-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report FND-009-10 be received; THAT Ms. McGuey's request be received for information; and THAT Ms. McGuey be advised of Council's decision. MOTION TABLED (See following motion) - 14 - 414 General Purpose and Administration Committee Minutes April 19, 2010 Resolution #GPA-254-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report FND-009-10, regarding the Tax Office Change of Ownership Fee, be tabled until the Council meeting of April 26, 2010. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS DREDGING - BOWMANVILLE AND NEWCASTLE (BONDHEAD) MUNICIPAL BOAT LAUNCHES [TABLED ON MARCH 29, 2010 GPA MEETING] Resolution #GPA-255-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-042-10, regarding dredging of Bowmanville and Newcastle (Bondhead) municipal boat launches, be lifted from the table. CARRIED Resolution #GPA-256-1 0 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report PSD-042-10 be received; and THAT all interested parties listed in Report PSD-042-10 and any delegations be advised of Council's decision. CARRIED, AS AMENDED (See following motion) - 15 - 415 General Purpose and Administration Committee Minutes April 19, 2010 Resolution #GPA-257-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT the foregoing resolution #GPA-256-10 be amended by adding the following paragraph immediately following paragraph 1: That the CAO be requested to prepare a report, within four weeks, on the further opportunities and logistics regarding the cost recovery of dredging, installation of a gate, and activating of the parking meter at the municipal boat launch in Bowmanville. CARRIED The foregoing resolution was then put to a vote and was carried, as amended. PRESENTATION OF CHRISTINE FAHEY REGARDING THE PORT GRANBY END USE PLAN Resolution #GPA-258-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT the presentation of Christine Fahey be received with thanks. CARRIED PRESENTATION REGARDING NEW LOOK OF MUNICIPAL WEBSITE Resolution #GPA-259-10 Moved by Councillor Novak, seconded by Councillor Woo THAT the presentation of Adam Labijak and Jennifer Cooke, regarding the new look of the municipal w~bsite, be received with thanks. CARRIED - 16- 416 General Purpose and Administration Committee Minutes April 19, 2010 OTHER BUSINESS INSURANCE AS IT RELATES TO THE CONCEPT OF "JOINT AND SEVERAL LIABILITY" Resolution #GPA-260-1 0 Moved by Councillor Foster, seconded by Councillor Woo WHEREAS the AMO Municipal Liability Reform Working Group has presented its paper on joint and several liability reform to the Attorney General's Office; WHEREAS the joint and several provisions of the Negligence Act, indicate, "Where damages have been caused or contributed to by the fault or neglect of two or more persons.. .and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering the loss or damage.. ."; WHEREAS the paper highlights how municipalities have become the targets of litigation when other defendants fail to have the means to pay high damage awards causing municipal insurance premiums and liability claims to continue to increase dramatically, despite enormous improvements to safety including new standards for roads, playgrounds, pool safety, better risk management practices, and the scaling back of some services; and WHEREAS municipalities should not be insurers of last resort and many other common law jurisdictions have better approaches and others are pursuing liability reform, NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington calls on the Government of Ontario to reform joint and several liability with a particular regard for the impact it has on property taxpayers and their communities; and THAT Matthew Wilson, Senior Policy Advisor for the Association of Municipalities of Ontario, MPP John O'Toole, and Chris Bentley, the Attorney General for Ontario be forwarded a copy of this resolution. CARRIED - 17 - 417 General Purpose and Administration Committee Minutes April 19, 2010 PUBLIC INFORMATION SESSION FOR THE REGION OF DURHAM'S PROPOSED WASTE MANAGEMENT BY-LAW Resolution #GPA-261-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the Municipality of Clarington request that the Region of Durham arrange for an additional public information session, regarding the Region of Durham's proposed waste management by-law, to be held at the Newcastle Recreation Complex in a format similar to the one held on April 15, 2010 at the Courtice Community Complex. CARRIED COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA-262-1 0 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 1 :30 p.m. CARRIED MAYOR DEPUTY CLERK - 18- 418 DRAFT LIST OF DELEGATIONS GPA Meeting: May 3,2010 (a) Brad Arbour, Co-ordinator, Firehouse Youth Centre, Regarding An Update on Firehouse Youth Centre Activities (b) , Stephanie Zibert (or Ben Earle), Community Development Council of Durham, Regarding the Joint Community Project with North Durham Social Development Council (c) Kevin Anyan, Don Gleed, Tim Funchion, Regarding A Ribfest Update (d) Jim Richards, Requesting an Apology from Mayor Abernethy for Curtailing His Freedom of Speech as Guaranteed Under the Canadian Charter. of Rights and Freedoms (e) Jeremy Woodcock, Regarding Policy H18 - Political Activities - the Recreation Centre's Rental Policy and a Violation of His Charter of Rights and Freedoms. (f) Glen Genge, D.G. Biddle & Associates, Regarding PSD-057-10, Regarding Proposed Neighbourhood Design Plan and Official Plan Amendment to Add Three (3) Medium Density Residential Symbols and Change Housing and Population Targets in the Foster Neighbourhood of the Official Plan 601 Cl!llilJ-gtOn CORPORATION OF THE . . MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING AND COMPLETE APPLICATION PUBLIC MEETING REPORT # PSD-055-10 NORM AND JO-ANNE LANSING . , I DEVELOPMI;NT APPUCA TlON BY: NORM AND JO-ANNE LANSI.~G . . AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW The Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment and a proposed Zoning ay-Iaw Amem;fment,'. under Sections 17 and 34 I respectively of the Planning Act, .1990, as amended. . " . APPLICATION DETAILS . , . The proposed c'larington Official Plan Amendment and Zoning- By~law Amendment submitted by Norm andJo-Anne Lansing would permit an apartment-in-house within a single detached dwelling. TAKE NOTICE that 'the application has been deem-ed complete so that it can be circulated and' reviewed. The subject property is located at 2898 Concession Road 3 in the former Township of Darlington as . shown on the attached map. " .' . : .' Planning File No.'s: COPA 2010~0001 & ZBA 2010-0005 PUBLIC MEETING , The Municipality of Clarington will hold a public meeting to .provide~ interested parties'the opportunity. to make comments, identify issues and provide additional information relative to the proposed development. .The public meeting wili.be held on: . DA TE: . Monday, May 3, 2010 TIME: 9:30 a.m. PLACE: CouncR Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St, Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either'in support of or in opposition to the proposal. The start time listed above reflects the time at which the. General p'urpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday" May 10, 2010, commencing, at 7:00 p.m. Should you wish to appear before Council, you must regis.ter with the Clerks Department by the Wednesday, May 5, 2010 at noon to have your name appear in the Agenda. COMMENTS OR QUESTIONS? . If you wish to make.a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed .Official Plan Amendment and approval of.the Zoning By-law Amendment you . must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, BowmanviJIe, Ontario L 1 C 3A6. ' 701 An Official Plan Amendment adopted by. the Municipality of Clarington is fOlWard~d to the Region of . Durham for approval, .unless it is determined during the review process that the Amendment is exempt fro~ Regional approval.' For an exempt Amendment, the. decision to adopt by Clarington Council become$ final, subject te; any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services. Department,3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Meaghan Harrington at (905) 623-;3379 extension 218 or bye-mail atmharrinaton@c1arinaton.net. . APPEAL If a person or public body does not make oral submissions at this public meeting or'make written submis'sion to the MunicipaHty of 'Clarington before the proposed Official Plan Amendment is adopted, the person: . i) is not entitled. to appeal the decision of Clarington Council'to the Ontario MunIcipal Board; and '. . " ii) . the person 6r public bo~yri1ay not be, added as a party to the hearing of an appeal before the Ontario Municipal Board unless, 'in the opinion of the. Board, there are reasonable grounds to add the person or public body asa party. Dated at the Municipality of Clarington this tSth day of March, 2010. .. . . 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 cc LOO 702 ~ - c S C) c i: RI Q - I~~ Q. RI == C o ~ RI U o .J ~ Q) Q. e a. 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':~~- "- ...' tI) c II) c cu .J CD C C cu o .., "C C cu c cu E I- o Z i.: lD C ~ o ~~ M C ~ Z o - tn tn W U Z o U CJ!J!.pn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3,2010 Resolution #: By-law #: Report #: PSD-055-10 File #'s: COPA 2010-0001 and ZBA 2010-0005 APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT AN APARTMENT-IN-HOUSE WITHIN A SINGLE DETACHED DWELLING APPLICANT: NORM AND JO-ANNE LANSING Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-055-10 be received; 2. THAT provided there are no significant objections raised at the public meeting: a) THAT Official Plan Amendment NO.73 as contained in Attachment 2 of Report PSD- 055-10 be adopted and that the necessary By-law be passed; b) THAT the application for a Zoning By-law Amendment submitted by Norm and Jo- Anne Lansing as contained in Attachment 3 of Report PSD-055-10 be approved; 3. THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-055-10 and Council's decision; and 4. THAT all interested parties listed in Report PSD-055-10 and any delegations be advised of Council's decision. Submitted by: 'b '. Reviewed bY:d' ~ a e La gm~, FCSLA, MCIP Franklin Wu Acting Director, Planning Services Chief Administrative Officer MH/CP/df 22 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 801 REPORT NO.: PSD-055-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Norm and Jo-Anne Lansing 1.2 Proposal: To amend the Clarington Official Plan and Zoning By-law to permit an apartment-in-house within a single detached dwelling in the Prime Agricultural Area designation. 1.3 Area: 0.37 ha 1.4 Location: 2898 Concession Road 3, Part Lot 6, Concession 3, Former Township of Darlington (see Attachment 1 property location map) 2.0 BACKGROUND 2.1 In late 2009, the owners of 2898 Concession Road 3 approached the Planning Services' Department with intentions to construct an addition to their home in order to provide a separate living space (apartment-in-house) for their elderly mother. This would provide an opportunity for their mother to live independently while allowing family members to aid their mother with day-to-day tasks whenever necessary. They were not, however, aware that the current Official Plan policies and Zoning By-law provisions did not allow for apartment-in-house units in rural areas of Clarington. 2.2 At a pre-consultation meeting held on February 5,2010, alternative options were discussed with the owners, including the possibility of erecting a temporary portable garden suite unit on the subject property which is permitted within the Official Plan policies. The owners stated that the cost to purchase a garden suite unit and to remove the unit after a short period of time was far too costly and would not function well for their mother. Similarly, the option of constructing additional floor area for a bedroom, living room and bath room did not meet their needs. It was determined that an apartment-in-house unit will allow the family to enter the unit when needed and would be more accessible for their mother, who is wheelchair bound. Both the principle dwelling and the apartment-in-house are to be located at ground floor level, providing a free flowing connection between both units. 2.3 On February 23, 2010, applications for an Official Plan amendment and Zoning By-law amendment were submitted by Norm and Jo-Anne Lansing, owners of 2898 Concession Road 3. The proposed amendments will allow an apartment-in-house within a single detached dwelling in a rural area of Clarington. In addition, a separate private septic system is proposed to provide services to the apartment-in-house unit without affecting the existing private septic system for the principle dwelling unit. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject preperty is located just east of the urban limits of Bowmanville; on the north side of Concession Road 3 and east of Lambs Road. The subject property is within a 802 REPORT NO.: PSD-055-10 PAGE 3 small cluster of five (5) rural lots, all located on the north side of Concession Road 3 and all ranging in size from 0.2 hectares to 1 hectare. The subject property is approximately 0.4 ha in size and has a lot frontage of 70 metres. All other surrounding properties appear to be large, actively farmed agricultural properties ranging in size from 57 hectares to 14 hectares. Existing structures on the subject property include a single detached dwelling with an attached garage and an attached rear yard deck, an in- ground swimming pool and a pool shed. Figure 1: Property Location 3.2 The surrounding uses are as follows: North - Agricultural South - Agricultural East - Rural Residential West - Rural Residential 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) , The PPS states that Prime Agricultural areas shall be protected for long-term use for agriculture. The PPS does not prohibit the expansion of existing non-agricultural uses, provided that any impacts from the expansion of the use onto surrounding agricultural lands are mitigated to any extent feasible. The proposed expansion of an existing non- agricultural use (apartment-in-house) will not result in the removal of agricultural lands from Prime Agricultural areas and shall have no negative impact on surrounding agricultural operations; therefore the application is consistent with the PPS. 803 REPORT NO.: PSD-055-10 PAGE 4 4.2 Provincial Growth Plan The Provincial Growth Plan also acknowledges renewable and non-renewable resources, such as prime agricultural land, as a valuable asset which must be wisely protected and managed as part of planning for future growth. The subject lands are designated "Prime Agricultural Area" in both the Regional and Clarington Official Plans, however, the proposed apartment-in-house will not result in the removal of any agricultural lands from Prime Agricultural areas and therefore will not have a detrimental impact on those lands. 4.3 Greenbelt Plan The subject lands are not located within the Protected Countryside Area of the Provincial Greenbelt, and therefore the policies of the Greenbelt Plan, 2005 do not apply. 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan The subject lands are designated "Prime Agricultural Area" within the Durham Region Official Plan. In Prime Agricultural Areas, a full range of agricultural, agricultural-related and secondary uses are permitted. However, the Regional Official Plan also permits the continuation, expansion or enlargement of a use which does not conform to the designation and provisions of the Plan. The proposal to permit an apartment-in-house within a single detached dwelling is considered an expansion of the existing residential use. 5.2 Clarinoton Official Plan Within the Clarington Official Plan, the subject property is designated "Prime Agricultural Area". Prime Agricultural Areas shall only be used for farm and farm-related uses. However, the existing use of land (rural residential) was lawfully in existence prior to the passage of the relevant Zoning By-law and continues to be used for such purposes. Therefore within the Official Plan policies, the existing rural residential use of the property is legal non-conforming. The Clarington Official Plan permitst~e establishment of one (1) apartment-in-house within a single detached or semi-detached dwelling within urban residential areas of Clarington subject to the following: a) one parking space per apartment; b) structural suitability of building to accommodate alterations for an additional units; and c) compliance with building and fire regulations and other municipal regulations, including registration. 804 REPORT NO.: PSD-055-10 PAGE 5 The Clarington Official Plan does not permit apartment-in-house units within rural areas, and therefore this application proposes to amend the Official Plan by adding an exception policy to allow for an apartment-in-house within a single detached dwelling on the subject property, at 2898 Concession Road 3, Darlington. 6.0 ZONING BY-LAW 6.1 Within Zoning By-law 84-63 the subject property is zoned "Agricultural Exception (A-1)". A single detached dwelling is a permitted use within the "A-1" zone. Section 3.2 of the Zoning By-law permits an apartment-in-house within any single detached or semi- detached dwelling in an "R1", "R2" or "R3" zone provided that a number of conditions are met, including: adequate parking, minimum size of unit, separate private entrance and separate bathroom and kitchen facilities. As the subject property is not located within an "R1", "R2" or "R3", this application proposes to amend the Zoning By-law by adding an exception zone to permit, in addition to other permitted uses in an "A-1" zone, an apartment-in-house within a single detached dwelling on the subject property. If approved, t,he proposed apartment-in-house shall meet all other requirements of the Zoning By-law for apartment-in-houses, and will need to be registered with the Municipality of Clarington as a legal apartment-in-house. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting sign was installed on the subject lands. No inquiries on the application were received at the time of writing this report. 8.0 AGENCY COMMENTS 8.1 The applications for Official Plan amendment and Zoning By-law amendment were circulated to a number of agencies for comment. The Clarington Engineering Services, Clarington Emergency Services and Hydro One Network Inc. had no objections to the proposed amendments. 8.2 The Clarington Building Division had no objections to the proposal, provided that a Building Permit be submitted. Development Charges may apply. 8.3 The Durham Region Health Department has no objection to a one bedroom apartment being added to the residence located at 2898 Concession Road 3, Darlington, on condition that the applicant applies for a Building Permit for a Sewage System. 8.4 The Durham Region Planning Department has indicated that the proposed applications are consistent with all applicable provincial policies, and are in conformity with the Durham Regional Official Plan in accordance with policy 14.5.1. 805 REPORT NO.: PSD-055-10 PAGE 6 The Official Plan amendment and Zoning By-law amendment do not have significant Regional or Provincial concerns and in accordance with Regional By-law 11-2000 the Official Plan amendment application is exempt from Regional Approval. 9.0 STAFF COMMENTS 9.1 The general intent of the Official Plan and Zoning By-law is to limit the establishment of apartment-in-houses to urban residential areas only, where full municipal services and public infrastructure already exists. The applicant/owners have demonstrated to the Regional Health Department that there is sufficient area on the subject property to install a second septic system for a one (1) bedroom apartment on site without having negative effect on the existing septic system on site, or any septic systems which exist on surrounding properties. .9.2 The applicant has demonstrated to staff that the proposed addition to the existing dwelling, and establishment of an apartment-in-house, will meet all other Zoning requirements with regards to minimum required setbacks, lot coverage, parking spaces, minimum floor area of proposed unit and a private entrance to the unit. 9.3 The applicant/owners will be responsible for submitting the appropriate building permit applications, fees and development charges to the satisfaction of the Building Division and Regional Health Department. In addition, the applicant/owners will be responsible for submitting an application for registration of an apartment-in-house to the Planning Services Department to ensure that all Building Code requirements and Zoning By-law requirements have been met prior to becoming a registered, legal apartment-in-house within Clarington. 9.4 The proposed applications are consistent with all Provincial and Regional Policy, and should have no negative impact on surrounding agricultural operations, neighbouring properties or traffic. Although an apartment-in-house is generally an urban type use, the proposed application includes provisions for adequate private servicing to accommodate the use without having negative impact on neighbouring septic systems. In addition, based on the requirements within the Zoning By-law, the construction of the apartment- in-house shall be built as an extension of the existing dwelling and maintain the character of a single detached dwelling. The applicant will be responsible for submitting a building design to meet this criteria. 9.5 Taxes for the subject property are paid in full. 10.0 CONCLUSION 10.1 In consideration of the comments contained in the report, staff recommends that the application for Official Plan Amendment and Zoning By-law Amendment as contained in Attachments 2 and 3 respectively, be approved. Staff Contact: Meaghan Harrington 806 REPORT NO.: PSD-055-10 PAGE 7 Attachments: Attachment 1 - Property Location Map Attachment 2 - Proposed Official Plan Amendment Attachment 3 - Proposed Zoning By-law Amendment List of interested parties to be advised of Council's decision: Norm and Jo-Anne Lansing 807 d ~ 'U o ~ -o~ flJD) 00 I ::r 03 g:CD .:J ~ .... o~ Property Location Map (Darlington) IV JJ ~-l~- 0 a: W u z w 0 5- ~ Q: ] ""- ZBA 2010-0005 Zoning By-law Amendment COPA 2010-0001 Clarington Official Plan Amendment ,? "7M. n_-, i I , I,! I' '-- ~ \ "l '. ' . ,,' I ~ i :' I . r1'/ i ~_ __.-J ., , ,.,: . - - - ,: //1' 1/ I I . . .j.. ,.' - ill ~ I.'" . ", ':' /" :' ' , ,::', ~ 'I' \, ! r' I ~I I i ",P~." ,~ .-- ! ,.~ " . J 'T,;~: '-:;-1 \~ 6-\ "::..- " I" '?I (1 (1)) L. -lJ l ~ f.'! .' .' " (I 'G' " '.\ :1 '\ , , I , :~lr. :-.:: . I ~~.1 " '.1 , , r .. "- (D () v 0) ,:l; .~i '>' /1"] <.(' \, " .t ,~ '!. '.~'.s;' Owner: Norman and Joanne Lansing .tv ~ ~. CONCESSION RD 3 .,' :,,' ) Attachment 2 To Report PSD-055-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to adopt Amendment No. 73 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan by adding a new policy to Section 23.14.11 to permit an apartment-in-house within a single detached dwelling in the Prime Agricultural Area designation; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 73 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted; and 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 809 AMENDMENT NO. 73 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan to permit an apartment-in-house within a single detached. dwelling on the subject property, municipally known as 2898 Concession Road 3, Darlington. BASIS: The amendment is based on an application submitted by Norm and Jo-Anne Lansing to permit the establishment of an apartment-in-house within a single detached dwelling within a Prime Agricultural Area designation. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding a new policy to Section 23.14 as follows: "23.14.11 Notwithstanding Section 6.3.7 an apartment-in- house shall be permitted within a single detached dwelling on those lands identified by Assessment Roll Number 1817- 010-13850 located in Part Lot 6, Concession 3, Former Township of Darlington having a municipal address of 2898 Concession Road 3, Darlington, subject to the following: a) One parking space per apartment; b) Structural suitability of building to accommodate alterations for an additional unit; c) Compliance with building and fire regulations and other municipal regulations, including registration; and d) Meet the requirements of the Durham Region Health Department with respect to servicing. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this amendment. 810 Auacnmem ;j To Report PSD-055-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2010-0005; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Sectiqn 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" is hereby amended by adding a new "Agricultural Exception (A-85) Zone" as follows: "6.4.84 AGRICULTURAL EXCEPTION (A-85) ZONE Notwithstanding Sections 6.1 and 3.2 a., those lands zone "A-85" on the schedules to this By-law, may in addition to other uses permitted in the Agricultural (A) Zone, be used for an apartment-in- house and shall be subject to the following zone regulations: a. Regulations for Apartment-in-house i) Floor Area (minimum) ii) Number of bedrooms (maximum) iii) Number of parking spaces (minimum) 40 m2 1 1 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-85) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24 (2) and 34 of the Planning Act. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 811 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. , Concession Road 3 AI ~ ~ ZOning Change From "A-1" To "A-8S" Jim Abernethy, Mayor Patti L. Barrie. Municipal Clerk . l! -3 l tv JJ ] J J E ~ DARLINGTON ZBA 2010.(1005 SCHEDULE 1B 812 C!N.mgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING Date: May 3, 2010 Resolution #: By-law #: Report #: PSD-056-10 File #: ZBA 2009-0008 Subject: APPLICATION FOR REMOVAL OF HOLDING FOR 201 MEDIUM DENSITY RESIDENTIAL UNITS APPLICANT: KAITLlN HOMES ASPEN IV LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-056-10 be received; 2. THAT the application submitted by Kaitlin Homes Aspen IV Ltd. to remove the Holding (H) symbol be approved; 3. THAT the By-law attached to Report PSD-056-10 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in Report PSD-056-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. o~-.:,~ Franklin Wu Chief Administrative Officer ATS/CP/df 22 April 2010 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0830 813 REPORT NO.: PSD-056-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Kaitlin Homes Aspen IV Ltd. 1.2 Location: Part Lot 17, Concession 1, Former Township of Darlington McBride Avenue/Green Road (northwest) (Attachment 1) 1.3 Rezoning: Removal of Holding (H) symbol from "Holding - Urban Residential Exception ((H)R3-36)" 2.0 BACKGROUND 2.1 The lands identified on Attachment 1 represent the medium density block within draft approved Plan of Subdivision 18T-90051 which has been planned for up to 201 townhouse and/or apartment units. The plan of subdivision has been registered as Plan 40M-2405. 2.2 The applicant submitted a site plan application for the 201 medium density units on October 24, 2007 and made a further application for a rezoning on August 22, 2008. While the site plan review was taking place, a zoning by-law amendment was passed on June 29, 2009 which had the effect of placing the lands in the "Holding - Urban Residential Exception ((H)R3-36) Zone" and established appropriate provisions for the 201 medium density units, including 119 townhouses and 82 apartment units. The development received site plan approval in April 2010 and the Municipality of Clarington has entered into a site plan agreement with Kaitlin Homes Aspen IV Ltd. 2.3 All townhouse and apartment units will have access to McBride Avenue in two locations through a network of private roads. The development is intended to have condominium tenure. As all roads will be private, the costs with respect to construction and future maintenance will be borne by the developer and the eventual condominium corporation. 2.4 The two (2) apartment buildings (82 units) are located on a separate parcel from the townhouse units and the semi-detached (link) units along McBride Avenue. In order to facilitate vehicular access to and from the apartment units via McBride Avenue, an easementlright-of-way for access is being sought by the applicant through the Region of Durham Land Division Committee. This easementlright-of-way will also allow the owners of the McBride units to access their detached garages and parking space via the rear laneway. 2.5 The Holding (H) symbol applies to the R3-36 Zone and is in place to ensure that certain obligations are considered prior to development, such as: servicing, access, measures to mitigate the impact of development, submission of required studies, and execution of any necessary agreements. Council must be satisfied that the provisions of the Official Plan and Zoning By-law are met prior to removing the Holding symbol. 814 REPORT NO.: PSD-056-10 PAGE 3 3.0 COMMENTS 3.1 The 201 medium density units have been draft approved since 2005. Since the submission of the site plan application in 2007, a thorough review of the development proposal on the 4.96 hectare site has taken place. 3.2 Site plan approval for the medium density units includes the approval of site plan and elevation drawings, servicing and grading drawings, landscape and lighting plans. A letter of credit in the amount of $493,789.55 has been secured for entrance works, landscaping and noise attenuation measures. 3.3 Provisions in the site plan agreement require the owner to develop the site in accordance with the approved site plan drawings among other standard provisions. Noise attenuation measures must be built in accordance with the Noise Impact Study prepared by the applicant's noise consultant. Servicing easements and the right-of-way for access must also be in place prior to permits being issued for any of the units. 3.4 The applicant has satisfied all planning and engineering requirements through the site plan process and has entered into a site plan agreement with the Municipality of Clarington. The approval of a by-law to remove the holding symbol from the medium density block is appropriate at this time as the provisions within the Municipality's Official Plan and Zoning By-law have been satisfied. 4.0 RECOMMENDATION 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Staff Contact: Anne Taylor Scott Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council's decision: Kaitlin Homes Aspen IV Ltd. c/o Kelvin Whalen Durham Region Planning Department, Attn: Brian Bridgeman 815 Property Location Map ( Bowmanville ~- BASELINE ROAD I I I I ZBA 2009-0008 Zoning By-law Amendment -I 0 ;;0 (1) '0 0 ;::s.)> "'C~ enD) 00 I ':J 03 CJ1(1) cp~ .... ... o .... Owner: Kaitlin Homes Apen IV Ltd J 00 ...... m Attachment 2 To Report PSD-056-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit the development 201 medium density units being 119 townhouse units and 82 apartment units on the subject lands; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3 (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Exception ((H)R3-36) Zone" to "Urban Residential Exception (R3-36) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of the By-Jaw. 3: This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 817 This is Schedule "A" to By-law 201 0- passed this day of , 2010 A.D. , tv ~ ~ Zoning Change From "(H)R3-36" To "R3-36" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk tv ~ 818 q!J!illgtnn REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE May 3,2010 Resolution #: By-law #: Report #: PSD-057 -10 File #: COPA 2007-0014 (X-Ref.: PLN 31.5.11) Subject: PROPOSED NEIGHBOURHOOD DESIGN PLAN AND OFFICIAL PLAN AMENDMENT TO ADD THREE (3) MEDIUM DENSITY RESIDENTIAL SYMBOLS AND CHANGE HOUSING AND POPULATION TARGETS IN THE FOSTER NEIGHBOURHOOD OF THE OFFICIAL PLAN APPLICANTS: PATRICIA STEPHENSON, ROBERT AND DANIELE STEPHENSON, AND GARTHWOOD HOMES LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-057 -10 be received; 2. THAT the application for proposed Clarington Official Plan Amendment, COPA 2007- 0014, submitted by Patricia Stephenson, Robert & Daniele Stephenson, and Garthwood Homes Limited, be approved as per Attachment 2 and a by-law attached to Report PSD- 057-10 to adopt Amendment No. 74 be forwarded to Council for approval; 3. THAT the Foster Northwest Neighbourhood Design Plan as contained in Attachment 3 to Report PSD-057-10 be received; 4. THAT the Durham Region Planning Department and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD-057-10 and Council's decision; and 5. THAT all interested parties listed in Report PSD-057-10 and any delegations be advised of Council's decision. Reviewed by:d ~..:.., ~ Franklin Wu, Chief Administrative Officer BR/CP/df/av 21 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 819 REPORT NO.: PSD-057-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicants/Owners: Patricia Stephenson, Robert & Daniele Stephenson, and Garthwood Homes Limited 1.2 Location: North of King Avenue West, east of the Wilmot Creek Valleylands, south of Hwy. 35/115, and west of Rudell Road (see Attachment 1) 1.3 Proposal: Official Plan Amendment to modify the following: i) The Newcastle Village Land Use Schedule by adding three (3) medium density residential symbols on the lands north of King Avenue West, and west of Rudell Road; ii) The Foster Neighbourhood population target from 5100 to 5700; and iii) The number of units in the Foster Neighbourhood from 1450 to 1575 for low density and from 200 to 300 for medium density and adjust all the neighbourhood and urban area totals accordingly (see Attachment 2). 2.0 BACKGROUND 2.1 Patricia Stephenson, Robert & Daniele Stephenson, and Garthwood Homes Limited originally submitted applications for: . An Official Plan Amendment to delete a public secondary school site and adjust the Plan's housing and population targets accordingly; and . A proposed Neighbourhood Design Plan for the northwest portion of the Foster Neighbourhood. 2.2 In November 2008, a public meeting was held to deal with the Official Plan Amendment to delete a public secondary school site aswell as adjust the Plan's housing and population targets accordingly. The public meeting report noted the public school board had sent a letter dated October 27, 2008 stating an objection to the deletion of a public secondary school designation in the Foster Neighbourhood and in any related Neighbourhood Design Plan. Subsequently, Council passed a resolution to refer the public meeting report back to staff for further discussions between the school board, the applicants and Planning Staff. Discussions occurred in early 2009 with the result being that bye-mail on May 19, 2009, the public school board noted the importance of the retention of the Foster Public Secondary School designation and the continued applicability of its October 27,2008 letter. The Board's reasoning was based in part, on Durham Region's Amendment 128 to its Official Plan (the Growth Plan conformity amendment). 2.3 On June 25, 2009, Planning Staff received the First Revision submission of the Neighbourhood Design Plan. The submission cover letter noted that if and when it is determined that no Official Plan Amendment is required the applicants will withdraw the 820 REPORT NO.: PSD-057-10 PAGE 3 Official Plan Amendment application. This submission included a 6.0 hectare public secondary school site and a parkette. The overall density for the neighbourhood was increased by the addition of more street townhouse units. 2.4 Comments from the agencies including Regional Planning were collected, discussions were held with the Ganaraska Region Conservation Authority concerning the proposal and the ongoing Wilmot Creek Watershed Study. Clarington Staff met with the applicant's consultants to review the issues that commenting agencies and Staff had with the First Revision. 2.5 In response to comments received from the circulated agencies and discussion with staff a Second Revision to the Neighbourhood Design Plan was received on December 23, 2009. This submission included a revised Neighbourhood Design Plan and a draft Official Plan Amendment that added to the Official Plan three medium density symbols to be placed in the Foster Northwest Neighbourhood Area, on the Newcastle Village Urban Area Land Use Map (Map A4). The revised amendment also increased the population allocation for the neighbourhood from 5,300 to 5,700, on the Neighbourhood Planning Unit Schedule map for Newcastle Village (Map H3) and Low and Medium Density Housing Unit numbers in the neighbourhoods housing targets table (Table 9-2). A separate document outlining the proposed Neighbourhood Design Plan's conformity with the Provincial Growth Plan was also part of the submission. The February 22, 2010 Public Meeting Report (PSD-025-10) was focussed on the Second Revision. No one, other than the applicant's agent, spoke at the public meeting. 2.6 A Third and Final Revision submission of the Neighbourhood Design Plan which Planning Staff received on March 23, 2010 was in response to further agency and staff comments on the previous submission. This Report, PSD-057-10, provides recommendations that are in reference to the Third and Final Revision submission. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The limits of the portion of the Foster Neighbourhood subject to applications are King Avenue West on the south, Wilmot Creek Valleylands on the west, Highway 35/115 on the north, and Rudell Road on the east. The site has seven residences and is generally flat agricultural land, slightly rolling, sloping down to the west, with rows of trees as field boundaries. The property contains a house, known as The Belmont, which was designated under Part IV of the Ontario Heritage Act in 1988. The structure has very significant historical and cultural value to Clarington as the cellar of the building, with its several large rooms separated by brick arches, was built by Major. S.S. Wilmot, circa 1814, and contains the spring where his son, Samuel Wilmot, the father of Canadian fish aquaculture, began his experiments in the 1860's. The first fish hatchery in Canada was built on this property and the spot was marked with a Provincial plaque in 1967. Following a fire in 1898, the house was rebuilt on its foundation in essentially the same architectural style as the original. 821 REPORT NO.: PSD-057 -:10 PAGE 4 3.2 The surrounding uses are as follows: East: Highway 35/115 and beyond, agricultural land Existing residences fronting King Avenue West and lands for the community park including the existing Newcastle & District Recreation Complex Existing residences, Rudell Road and beyond, vacant lands draft approved for subdivision development Wilmot Creek and its valleylands North: South: West: 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The Provincial Policy Statement (PPS) requires Municipalities to provide for efficient settlement patterns with a range of uses and opportunities for intensification and redevelopment. New development is to occur adjacent to existing built-up areas and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities, which includes schools. The Municipality is required to plan for public service facilities in a coordinated, efficient and cost-effective manner to accommodate projected needs. The PPS requires that significant built heritage resources and significant cultural heritage landscapes be conserved. Significant is defined as built heritage resources and cultural heritage landscapes that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. Conserved is defined as the identification, protection, use and/or management of cultural heritage in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. 4.2 Provincial Growth Plan Since the site is outside the built boundary, the neighbourhood should be planned with a density target of 50 persons and jobs per hectare. A public secondary school is community infrastructure contributing to a complete community. In particular, an appropriate range of community infrastructure should be planned to meet the needs resulting from population changes and to foster complete communities. 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the site Living Area. Amendment 128 to the Regional Plan confirms the need for conformity to the Provincial Growth Plan. The Regional Plan requires a wide variety of housing by type, size and tenure in Urban Areas, and that the full range of housing be developed in a cost-effective and efficient manner. Also, Living Areas are to be an attractive living environment. A public secondary school is a public facility supportive of residential development and therefore, appropriate for Living Areas. Living Areas are to be compact in form through higher densities and shall support and provide access to public transit. More specific requirements include convenient pedestrian access to public transit, educational 822 REPORT NO.: PSD-057-10 PAGE 5 facilities and parks. Roads are to be in a grid pattern and trails and pathways are to be provided too. 5.2 Clarinoton Official Plan The ClaringtonOfficial Plan designates the lands Urban Residential Area with a public secondary school symbol in the Foster Northwest Neighbourhood. The predominant use of lands designated Urban Residential shall be for housing. A broad range of housing is to be provided in urban areas. Table 9.2 allows for 1,450 low density units and 200 medium density units in the entire Foster Neighbourhood. The Neighbourhood Design Policies state Neighbourhood Design Plans (NDP) shall include: road alignments; sidewalks; trails and walkways; potential transit and cycling routes; potential lotting; and siting of schools, parks (and parkettes), open space lands, stormwater management facilities and other community/utility uses. Residential neighbourhoods shall feature: grid streets; public buildings and spaces; natural and cultural heritage features protection; and avoidance of reverse lotting and acoustical fencing, Other uses that through activity, scale and design, are supportive of, compatible with or serve residential uses may be permitted such as schools. The objective of the Clarington Official Plan policies in regards to heritage buildings is to conserVe and enhance the Municipality's cultural heritage resources. The inappropriate alteration of a cultural heritage resource is discouraged. Heritage resources are defined as properties of cultural or natural heritage importance, which would include buildings, structures, and their surrounding lands. The Clarington Official Plan designates King Avenue West as a Type A Arterial and as a Regional Transit Spine. Rudell Road is identified as a Collector Road as is the north- south road from Highway 2 northerly to where it intersects with the extension of Grady Drive, and east-west collector. The Clarington Official Plan designates the Wilmot Creek Valleylands, at the west end of the Foster Northwest Neighbourhood, as Significant Valleylands focussed on a Cold Water Stream, a part of the Natural Heritage System. Through Policy 4.4.35, an Environmental Impact Study is required for development applications within or adjacent to any natural heritage feature identified on Map C. When the neighbourhood plan is implemented through application(s) for Draft Approval of a Plan of Subdivision, those application(s) within a 120 metre distance of the features will require an Environmental Impact Study. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the large majority of the subject lands "Agricultural Exception (A-1)" and the remainder "Environmental Protection (EP)". The public use provisions of Zoning By-law 84-63 permit a public secondary school in basically any zone including the "Agricultural Exception (A-1)" Zone. The lands are expected to be rezoned in the future together with applications for Draft Plan of Subdivision for the area. 823 REPORT NO.: PSD-057-10 PAGE 6 7.0 PUBLIC SUBMISSIONS 7.1 As a result of the public notifjcation process, to date, the Planning Services Department has received two inquiries or comments. One resident asked about land uses at specific locations near their home and the timing of construction within the proposed neighbourhood. Another resident had interest in, and sketched, a location in the neighbourhood for a future Newcastle Village GO Station. There are no plans by the Province to extend GO beyond Bowmanville at this time. 8.0 AGENCY COMMENTS 8.1 Comments have been received from the circulated departments and agencies regarding both the Clarington Official Plan Amendment and the Neighbourhood Design Plan. Most agency comments addressed the Neighbourhood Design Plan. Clarington Emergency & Fire Services offered no objections to the proposed Neighbourhood Design Plan or Official Plan Amendment. 8.2 Clarington Engineering Services supported the Official Plan Amendment in principle and the Neighbourhood Design Plan in concept, but noted that the following matters are to be resolved prior to approval of future proposed draft plan(s) of subdivision within the neighbourhood: . Road right-of-way widths . Connectivity to Rudell Road . Closure of Given Road . Traffic issues and recommended traffic controls through a traffic impact study . Phasing and implementation . Stormwater management (east and west ponds) . Noise attenuation . Entrance features/pond enhancements, and . Sidewalk and street lighting construction on Highway 2 west of Rudell Road 8.3 Clarington Operations had no concerns with the proposed applications. Comments identified the need for a report in support of future applications for Draft Plan of Subdivision, detailing designs for review of each stormwater management pond, a stormwater inceptor upstream and connection to nearby hydro, for the western stormwater ma':1agement pond. 8.4 The Clarington Heritage Committee was advised of the application forthe Neighbourhood Design Plan when it was first submitted in 2007. They are in support of the conservation of the designated heritage building and its surrounding landscape. 8.5 Ganaraska Region Conservation stated no objection to the proposed Official Plan Amendment and no objection, in principle, to the Neighbourhood Design Plan submitted. However, they advised that an Environmental Impact Study (EIS) must be undertaken to determine the appropriate proximity of development to the Wilmot Creek Valleylands 824 REPORT NO.: PSD-057-10 PAGE 7 prior to approval of any proposed Draft Plan of Subdivision or Site Plan application. The EIS may impact the ultimate design of the neighbourhood abutting the natural heritage feature. 8.6 The Public School Board noted the 6 hectare public secondary school site is acceptable provided the 6 hectare area is not diminished by any road widening, sight triangle or transit stop requirements. If such lands are required, the proposed secondary school site area of 6 hectares must be maintained by adjusting the remainder of the subdivision. Comments from the Public School Board request the portion of Given Road that runs through the secondary school site area be stopped up, closed and conveyed by the Municipality to the subdividers as part of subdivision draft approval. 8.7 The Separate School Board noted it currently has one elementary school in Newcastle. This school, St. Francis of Assisi, has sufficient space to accommodate any enrolment growth from the Foster Northwest Neighbourhood. The Board did not require any additional school sites in the NeWcastle area for elementary or secondary students and the proposed streets layout did accommodate easy walking access by any elementary students in this area to the above school. The Board noted a concern regarding the provision of supervised access across Durham Highway 2, to and from the above school. 8.8 Durham Regional Planning noted the Growth Plan and Amendment 128 to the Regional Plan require Greenfield Areas in the Lake Ontario Shoreline municipalities to develop at a minimum gross density of 50 persons and jobs combined per hectare. It was noted the proposed Neighbourhood Design Plan does not achieve the 50 persons and jobs combined per hectare. Clarington staff were asked to provide justification and support for the shortfall. It was agreed each development is not required to meet this minimum target, and Clarington must be satisfied that development across the municipality achieves this density. Following further discussion and justification the Region provided verbal comments stating the application was exempt from Regional approval. A traffic study will be required in support of development applications in this area., The Regional Works Department has recently provided to the Regional Planning Department detailed comments which are summarized below. The majority of the proposed development in the above neighbourhood is within the existing Zone 1 distribution system. The existing Arthur Street Zone 1 reservoir with a top water elevation of 135.5 metres results in below adequate water pressure for lands higher than 105 metres. The applicants may choose to grade the site to 105 metres of elevation, construct a Zone 2 booster pumping station or wait for Durham Region to construct new infrastructure. A new Zone 1 reservoir is planned by Durham Region and will likely have a top water elevation of approximately 140-142 metres which will be sufficient to service the entire site. The new Zone 1 reservoir is forecast for construction after 2015. A 400- 600 millimetre water feeder main extension will be required westerly on Durham Highway 2 from near North Street to eventually loop through proposed development to 825 REPORT NO.: PSD-057-10 PAGE 8 Toronto and Milligan Streets to service the subject Neighbourhood and Newcastle generally. Most of this work is forecast for construction after 2015. The Newcastle Water Pollution Control Plant is approaching its maximum capacity to service existing and committed customers. Plant expansion construction is projected for 2014. Due to topography on the subject lands, the lands east of Rudell Road are generally tributary to the Foster Creek trunk sanitary sewer and Rudell Road sanitary sewage pumping station. Depending on the timing of other developments within Newcastle the subject Neighbourhood may be dependent on a further extension of the Foster Creek trunk sanitary sewer southwest from Highway 401 to the existing Wilmot Creek Water Pollution Control Plant, including interception and abandonment of the Sunset Boulevard sanitary sewage pumping station. This project is scheduled for construction in 2012. The lands west of Rudell Road and the Rudell Road sanitary sewage pumping station (diversion) are dependent on the extension of the Wilmot Creek trunk sanitary sewer from Toronto and Milligan Streets, which is forecast beyond 2015. 8.9 Past comments from the Ontario Ministry of Transportation note the requirenient for a 14 metre setback from the edge of the Highway 35/115 property, and the possible need for studies in the future. The studies will likely be required in support of individual plans of subdivision implementing the Neighbourhood Design Plan for stormwater management and traffic impact, the latter to be completed with particular concern for the Durham Highway 2/Highway 35/115 Interchange. 8.10 The Ministry of Natural Resources was circulated for comments given the provinces ownership of the Wilmot Creek Valleylands, which abut the subject Neighbourhood on the west. In response, the Ontario Realty Corporation noted that use of the valleylands for municipal trails may require property arrangements such as easements or licences. The Ministry of Natural Resources stated, additional design and construction details for the water management pond in the southwest corner of the neighbourhood and outlet are requested as the information becomes available since the pond outlets onto the Crown land property. lots abutting the Crown lands raise the question of setbacks and/or fencing, and details on these matters are requested. 9.0 STAFF COMMENTS 9.1 The submitted Clarington Official Plan Amendment proposes three changes to the Official Plan (see Attachment 2). It modifies, in Section 9.4.5, Table 9-2 - Housing Targets by Neighbourhoods, by increasing the low Density Housing Units number from 1,450 to 1,575; by increasing the Medium density Housing Units number from 200 to 300; and correspondingly, the associated Foster Neighbourhood and Newcastle Village Urban Area Totals. The increase in medium density units necessitates the addition of three (3) medium density symbol on Map A4 - land Use - Newcastle Village Urban Area, specifically in parts of the Foster Northwest Neighbourhood. The other consequence and third change is the increase in the total population target for Neighbourhood 3 Foster from 5,100 to 5,700, in Map H3 - Neighbourhood Planning Units - Newcastle Village Urban Area. 826 REPORT NO.: PSD-057-10 PAGE 9 9.2 Durham Regional Planning has required an analysis to determine if a minimum gross density of 50 persons and jobs combined per hectare was being realized through the Clarington Official Plan Amendment and Neighbourhood Design Plan applications. Through the proposed amendment the Foster Northwest Neighbourhood will have approximately 1,423 residents and 77 employees (working at the secondary school) generating a total of 1,500 residents and jobs. Based on a total gross area of 34.8 hectares this yields 43.10 residents and jobs per hectare. This yield is short of the above figure of 50 by 6.90 residents and jobs per hectare or 13.8%. In response to the concerns raised by the Region, Clarington Planning Staff provided a written response advising that the shortfall in this community would be accounted for in future development in Bowmanville and Courtice. The Newcastle Village Urban Area has always been, and continues to be an urban area of lower density than Bowmanville or Courtice. The northwest quadrant of the Foster Neighbourhood remains the last area for development approval. Based on the current Official Plan designation and population targets the portion of the neighbourhood subject to applications would yield roughly 25.3 residents or jobs per ha combined, or approximately half the density targeted by the Growth Plan and Amendment 128. The proposed Official Plan amendment represents a dramatic improvement over the current situation and demonstrates the "spirit" of the Growth Plan, and Amendment 128 has been adhered to while providing for housing forms that are not out of character with the balance of the neighbourhood. The increase in combined residents and jobs per hectare offered by the proposed Official Plan amendment and Neighbourhood Design Plan represents the upper limit in density that can be accommodated in Newcastle Village without dramatic change and disruption to the community. A higher density than what is proposed would create a different housing mix, likely out of character with the balance of the neighbourhood and Newcastle Village. The number of street townhouse units proposed is already a departure from Newcastle Village's typical built form and draft, approved plans. Conformity to the Growth Plan and Amendment 128 is not to be reduced to an accounting exercise and the 50 persons and jobs does not have to be met in each urban area, neighbourhood, or proposed plan of subdivision, but rather across a municipality as a whole. Bowmanville and Courtice are not only larger urban areas but, can more easily absorb higher densities. Staff is confident that the 240 persons and jobs, deficit (below 50 per hectare) in the Foster Northwest quadrant can be made up for in Bowmanville and/or Courtice. The Region has accepted staff's comments and has advised the application is exempt from Regional approval. 9.3 Durham Regional Works has offered detailed comments and timelines for the extension of services to the proposed neighbourhood. Water distribution will not be available until at least 2016 unless the developers involved do extensive site re-grading or construct and finance a booster pumping station. A water feeder main extension that will form a loop is required to service the subject Neighbourhood and it too will not be available until at least 2016. Sanitary sewage capacity in Newcastle Village is running out and more capacity is scheduled to be built after 2014. Also required is an extension of the Wilmot 827 REPORT NO.: PSD-057-10 PAGE 10 Creek trunk sanitary sewer from Toronto and Milligan Streets which will not be available until at least 2016. 9.4 The March 23, 2010 proposed Neighbourhood Design Plan proposes to increase the density in housing/population numbers and in the diversify of housing form, exampled by the three different frontage widths for the single detached housing and allowance for on- street townhouses. The use of cul-de-sacs has been avoided where possible with only one present immediately north of the Given Road alignment east of the secondary school. The proposed Official Plan Amendment and Neighbourhood Design Plan conform to the Growth Plan and Amendment 128 in other ways. The development will be accessible to transit on King Avenue West permitting the secondary school and almost all of the housing in the neighbourhood to be within easy walking distance of a transit stop. Attractiveness of the neighbourhood to pedestrians is facilitated by a modified grid road network, the parkette in the centre of the neighbourhood and potential for pedestrian connections to both King Avenue West and Rudell Road, as well as the secondary school, the stormwater management pond, and through the tableland open spaces and into, and even throughout, the Crown Lands (Valleylands) to the west. The secondary school is a key community infrastructure that supports not only the Foster Northwest Neighbourhood, but the Newcastle Village Urban Area. 9.5 The house known as The Belmont, an architectural and cultural heritage feature, is located in the northwest section of the neighbourhood. The proposed Neighbourhood Design Plan shows The Belmont remaining on site, and in keeping with the cultural heritage resource policies of the Provincial Policy Statement, the entire block that The Belmont is located in, is undeveloped. It is reserved as a Heritage Dwelling Area and to the west, across the local street, is open space tableland which provides a pedestrian and visual link between The Belmont, its grounds and the Crown Lands (Valleylands). If in the future, any development is contemplated in the Heritage Dwelling Area, it will have to be justified by a Heritage Impact Assessment, or alternatively a conservation plan, for this Area. 9.6 The Ministry of Transportation-Ontario (MTO) has advised they require a 14 metre setback from the edge of the Highway 35/115 property to accommodate potential highway widening. Interpreted broadly, nothing required for the development of the neighbourhood is permitted in the 14 metre setback including noise fencing and berming. Some realignment of the most northerly lots to the east, in Subdivisions 18T- 89059 and S-C-2007-0001, is anticipated to accommodate appropriate noise barriers. When the acoustical engineering and consequent re-Iotting is done, the northeast corner may need to be redesigned to "dovetail" with the new layout and the awkwardly sized lot will shrink to a more normal size or disappear. Rational development of the Foster Northwest Neighbourhood will be facilitated through development which is divided into Phases 1 to 4. 828 REPORT NO.: PSD-057-10 PAGE 11 9.7 The Official Plan policies allow convenience commercial (corner) store uses subject only to rezoning and site plan approval. There is an opportunity for such a use immediately north of the south western stormwater management pond on the west side of the north- south collector road at the intersection. Such a use will contribute to neighbourhood completeness. 9.8 The Official Plan Amendment and Neighbourhood Design Plan applications have been the subject of two public meetings. The first was on November 17, 2008 at the General Purpose and Administration Committee Meeting, with no members of the public, before or during the meeting, expressing interest in the applications. The second was much more recently, February 22, 2010, again at the General Purpose and Administration Committee Meeting, with one member of the public before, and one member of the public after the meeting, making brief counter inquiries about the applications. In light of the public exposure of these applications and the resulting very limited level of public interest, a separate public information centre for the proposed Neighbourhood Design Plan was not held. 9.9 The Ganaraska Region Conservation Authority has made it clear to the Municipality that although the large majority (about 80%) of the Subwatershed Study work for the Foster Northwest Neighbourhood has been completed through the Wilmot Creek Watershed Study which is being finalized at this time, there remains about 20% of the work outstanding which would be focussed on matters such as stream erosion and restoration ("fluvial geomorphology"), stormwater management criteria ("hydrology") and Foster Northwest Neighbourhood ("planning area") natural heritage targets. The work undertaken by the Conservation Authority will form the foundation for an environmental impact study that will be done as part of the process when proponents of individual plans of subdivision are seeking draft approval to develop portions of this neighbourhood. It is recognized that the environmental impact studies recommendations may cause some alterations to the Neighbourhood Design Plan as a result of required separation from environmental features. 9.10 Clarington Engineering Services and Clarington Operations have no concerns with the Official Plan Amendment and the Neighbourhood Design Plan. They have a considerable number of requirements that are to be fulfilled at the Draft Plan of Subdivision stage. 9.11 The Separate School Board noted a concern with the provision of supervised access across Durham Highway 2, to and from St. Francis of Assisi Elementary School. It is expected that there will be traffic signals at the Durham Highway 2/Rudell Road intersection when development north of King Avenue West commences and warrants increase. 9.12 Taxes for the subject properties have been paid in full. 829 REPORT NO.: PSD-057-10 PAGE 12 10.0 CONCLUSIONS 10.1 In consideration of the provincial policy, the Clarington Official Plan, agency comments and staff comments, it is recommended that the Official Plan Amendment application as per Attachment 2 (Amendment No. 74) be approved. As per the Council approved guidelines, Neighbourhood Design Plans are not approved by Council. The Neighbourhood Design Plan as'contained in Attachment 3 will be approved by the Director of Planning Services and provide design direction for future subdivision applications. Staff Contact: Bob Russell Attachments: Attachment 1 - Site Location and Key Map Attachment 2 - Proposed Official Plan Amendment No. 74 By-law Attachment 3 - Proposed Neighbourhood Design Plan List of interested parties to be advised of Council's decision: Durham Region Planning Department D.G. Biddle & Associates Ltd. Patricia Stephenson Robert Stephenson Garthwood Homes Ltd. Roslyn Houser Clark Morawetz Richard Wicha Gerald Brown Clarington Heritage Committee, c/o Isabel Little Newcastle Village & District Historical Society, c/o Allan Kirby Ministry of Natural Resources, c/o Theresa Fancy Municipal Property Assessment Corporation, c/o Michael Porporo Clarington Museum & Archives, C/O Martha Rutherford 830 Attachment 1 To Report PSD-057-10 ~ 11~11 i BI a" 113an" & II 11 \\ II) II) E o C'::I: O-a ~lI)o ceo o II) ~ 1I),e,e C Q._ II) II) ... ,e-co Q. 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'~II ~ ~~\ -I-- to-- L--- ~ -- -=-- -- - -==- --- --- -...=:.- --=- -=--=:- - - __ _ r--- ~~~~ E~ ,....... -- I-- - - -- - ~ C\l >- ~ J: (!) :t ~ ~ a::: ::l a J-:= - -- ~= - - - ,..- ,.--- - - - -- r-- == ....-=-- ~ -- --- --I-- =- -' -- ':::::. ~~~ ~ [ ~T n ~i Attachment 2 To Report PSD-057-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to adopt Amendment No. 74 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit for the Foster Neighbourhood: the addition of three medium density residential symbols, and an increase in neighbourhood housing and population targets; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment NO.7 4 to the ClaringtonOfficial Plan being the attached Explanatory Text is hereby adopted. 2. That this By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 832 AMENDMENT NO. 74 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: LOCATION: BASIS: ACTUAL AMENDMENT: To provide for a moderate increase in residential density and the approval of a Neighbourhood Design Plan for orderly residential subdivision development on lands located north of . King Avenue West (Durham Highway 2) and west of Rudell Road, Newcastle Village. The subject site is located north of King Avenue West, east of the Wilmot Creek valleylands, south of Highway 35/115, and west of Rudell Road, in Newcastle Village, former Township of Clarke, now in the Municipality of Clarington. This amendment is based on an application for a Neighbourhood Design Plan, prepared by D.G. Biddle & Associates Ltd., and reviewed by public agencies and municipal staff. In addition, consideration is given to policies of the Growth Plan for the Greater Golden Horseshoe and Regional Official Plan Amendment 128. The Municipality of Clarington Official Plan is hereby amended by: i) In Section 9.4.5, Table 9-2 "Housing Targets by Neighbourhoods" by amending the target for Foster Neighbourhood - N3 and all corresponding totals as follows: Urban Area Neighbourh oods Newcastle Village N3 Foster Total Low Housin Units Medium High Intensification Total 1575 300 0 125 2000 5160 1075 300 350 6885 ii) By Amending Map A4-Land Use - Newcastle Village Urban Area as shown on Exhibit "A" to this amendment. 833 iii) By Amending Map H3-Neighbourhood Planning Units - Newcastle Village Urban Area as shown on Exhibit "B" to this amendment. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. 834 Exhibit "A", Amendment No. 74 To the Municipality of Clarington Official Plan, Map A4, Land Use, Newcastle Village Urban Area AI ~ a ',' I. .Q '1 ~ c <C o a:: -I -I W C ~@ ~ @ KING AVENUE EDWARD @ STREE ~ Exhibit IIBII, Amendment No. 74 To The Municipality of Clarington Official Plan, Map H3, Neighbourhood Planning Units, Newcastle Village Urban Area 6 WILMOT (1600) ---9 I , 5 I NORTH VILLAGE , (3900) I , Change From (5100) To (5700) 2 GRAHAM (3700) Y V/" t ~ LAKE ONTARIO t MAP H3 NEIGHBOURHOOD PLANNING UNITS NEWCASTLE VILLAGE URBAN AREA o 200 400 600 BOO m OFFICIAL PLAN MUNICIPALllY OF CLARINGTON JANUARY 2, 2007 REFER TO SECTIONS 5 AND 9 ,.......,-q 200 m 836 fmacnment 3 To Report PSd-057-10 -_. ~ 5 I ; · ~a !~ ~ .. I ~ ~.. 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'>-~~ 837 Cl~mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3,2010 Resol ution #: By-law #: Report #: PSD-058-10 File #: A2009-0051, A2010-0005 and A201 0-0015 through A2010-0017 MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 22, 2010 Subject: RECOMMENDATIONS: It is respectfully recommended that the General-Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-058-10 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on April 22,2010 for applications A2009-0051, A2010-0005 and A2010-0015 through A2010- 0017, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Reviewed bY:O ~ -..: ~ Franklin Wu, Chief Administrative Officer MM/CP/df/av April 26, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 838 REPORT NO.: PSD-058-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 . All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISION OF COMMITTEE OF ADJUSTMENT FOR April 22, 2010 A2009-0051 Table Tabled A2010-0005 A rove A roved A2010-0015 A rove A roved A2010-0016 A rove A roved A2010-0017 A rove A roved 1.2 Application A2009-0051 was filed to permit the construction of an accessory structure (floating deck). The application was first heard at the January 21,2010 Committee of Adjustment meeting. Staff recommended tabling the application for up to three months to allow the applicant time to have the lot grading certified and for the applicant to provide proof that the deck complies with all applicable provisions of the Zoning Sy-Iaw other than the one being the subject of the application. Within the three month tabling period, the applicant was unable to provide Staff with the required documentation and proof. As a result, Staff recommended that the application be tabled for up to an additional two months. The Committee concurred with Staffs recommendation and tabled the application. 1.3 Application A201 0-0005 was filed regarding the Howard Johnson site in Sowmanville to meet a condition of severance. The severance of the motel from the hotel creates many minor deficiencies relative to the zoning requirements of the site. The application was first heard at the March 18, 2010 Committee of Adjustment meeting but was tabled due to ongoing discussions with the Ministry of Transportation in relation to the site plan and required parking area. Following the meeting of March 18, the Ministry of Transportation advised that they had no objection to the approval of the minor variance application. The Committee concurred with Staffs recommendation and approved the application. 1.4 Applications A201 0-0015 and A201 0-0016 were filed to permit the relocation of two existing single detached dwellings from 49 & 63 Seaver Street South and an existing detached garage from 63 Seaver Street South to a proposed new lot at 106 Seaver Street South. The properties known as 49 and 63 Seaver Street South are subject to a rezoning application to permit an expansion to the Newcastle IGA store. The subject dwellings have significant heritage merit and are on the Municipal Register. The Committee concurred with Staffs recommendations and approved the applications. 839 REPORT NO.: PSD-058-10 PAGE 3 1.5 Application A2010-0017 was filed to permit the construction of an unenclosed, attached deck by increasing the maximum permitted projection into the rear yard from 1.5 metres to 1.78 metres and by increasing the maximum permitted lot coverage from 40% to 42%. The Committee concurred with Staffs recommendation and approved the application. 2.0 COMMENTS 2.1 Staff reviewed the Committee's decisions and are satisfied that applications A201 0- 0005 and A201 0-0015 through A201 0-0017 are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2009-0051, A2010-0005 and A201 0-0015 through A201 0-0017 is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Staff Contact: Mitch Morawetz Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment (April 22, 2010) 840 Attachment 1 To Report PSD-058-10 cmrmgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: FRANK PORCO FRANK PORCO PROPERTY LOCATION: 155 ARGENT STREET, BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN OF BOWMANVILLE A2009-0051 FILE NO.: PURPOSE: To permit the construction of an existing accessory structure (floating deck) by increasing the maximum permitted total lot coverage of all accessory buildings and structures from 10% to 12%. DECISION OF COMMITTEE: To table the application for up to two months, to allow for the certification of the lot grading and for verification that the existing floating deck meets the minimum required rear yard setback of 0.6 metres. DATE OF DECISION: April 22, 2010 LAST DAY OF APPEAL: May 12, 2010 841 CfNillgron . PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DG BIDDLE & ASSOCIATES LTD 1414012 ONTARIO INC. PROPERTY LOCATION: 160 LIBERTY STREET SOUTH, BOWMANVILLE PART LOT 11, CONCESSION BF FORMER TOWN OF BOWMANVILLE A2010-0005 FILE NO.: PURPOSE: On June 8, 2009 the Durham Land Division Committee conditionally approved an application submitted by DG Biddle & Associates Ltd. on behalf of the owner of the Howard Johnston hotel & motel site to sever off one (1) parcel of 0.46 hectares to create a separate site for the existing motel use on the site, and to retain the remainder of the site measuring 0.76 hectares for the existing hotel and .a proposed new restaurant. One of the conditions of severance is that the proponent must obtain variances for various components of the existing development that are non-conforming. or non-complying with the Zoning By-law, prior to the clearance of the severance. The owner also intends on doing certain structural changes and expansions to the hotel. Subsequently, the applicant is seeking the following variances: Retained lands (Hotel): . To reduce the required rear yard setback (Duke Street side) from 15m to 7.3m; . To reduce the required interior side yard setback from 5.0m to 0.2m; . To reduce the loading space requirements from 2 to 1 space; . To reduce the required parking spaces on site from 126 to 121 spaces. Severed lands (Motel): . To permit the existing motel use; . To reduce the required rear yard setback (Duke Street side) from 15m to 14.6m; . To reduce the required interior side yard setback from 5.0m to 1.0m; . To reduce the required exterior side yard setback (Baseline Road side) from 10m to 9.9m; . To reduce the required Landscape Area on site from 10% to 4%. DECISION OF COMMITTEE: Approval of the application to permit an e~isting hotel and motel on newly created lots by a reduction of the required rear yard setback (puke Street side) from 15 m to 7.3 m and 14.6m respectively for the retained parcel (hotel) and severed parcel (motel); a reduction of the required interior side yard setback from 5.0 m to 0.2 m and 1.0 m respectively for the retained parcel (hotel) and severed parcel (motel); a reduction of the loading space requirements on the retained parcel (hotel) from 2 to 1 space; a reduction of the required parking spaces on the retained parcel (hotel) from 126 to 121 spaces; a reduction of the required exterior side yard setback (Baseline Road side) on the. severed parcel (motel) from 10 m to 9.9 m; a reduction of the required Landscape Area on the severed parcel (motel) from 10% to 4%, and; the existing motel use on the severed parcel, as it meets the intent of both Official Plans and the Zoning By-law, is minor in nature and not detrimental to the neighbourhood. That the approval of this minor variance does not constitute approval of the site plan applications for the retained and severed parcels. DATE OF DECISION: March 18,2010 LAST DAY OF APPEAL: April 7, 2010 842 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: 564069 ONTARIO INC SEVERL Y JAGODA PROPERTY LOCATION: 49 SEAVER STREET SOUTH, NEWCASTLE VILLAGE PART LOT 28, CONCESSION 1 FORMER VILLAGE OF NEWCASTLE A2010-0015 FILE NO.: PURPOSE: To permit the relocation of an existing single detached dwelling from 49 Seaver Street South and an existing accessory building (detached garage) from 63 Seaver Street South to a proposed new lot at 106 Seaver Street South by reducing the minimum required lot frontage from 18 metres to 13.3 metres; by reducing the minimum required lot area from 650 square metres to 472 square metres; by reducing the minimum required northerly interior side yard setback from 4.5 metres to 4.0 metres; by reducing the minimum required northerly interior side yard setback for an accessory building (detached garage) from 0.6 metres to 0 metres; by increasing the maximum permitted lot coverage for all accessory buildings from 10% to 12.3%; by increasing the maximum permitted height of an accessory building from 4.0 metres to 5.0 metres; and by increasing the. maximum permitted floor area for all accessory structures from 60 square metres to 95 square metres. DECISION OF COMMITTEE: Approval of the application to relocate an existing single detached dwelling from 49 Seaver Street South and an existing accessory building (detached garage) from 63 Seaver Street South to a proposed new lot at 106 Seaver Street South by reducing the minimum required lot frontage from 18 metres to 13.3 metres; by reducing the minimum lot area from 650 square metres to 472 square metres; by reducing the minimum required northerly interior side yard setback from 4.5 metres to 4.0 metres; by reducing the minimum required northerly interior side yard setback for an accessory building (detached garage) from 0.6 metres to 0 metres; by increasing the maximum permitted lot coverage for all accessory buildings from 10% to 12.3%; by increasing the maximum permitted height of an accessory building from 4.0 metres to 5.0 metres, and; by increasing the maximum permitted floor area for all accessory structures from 60 square metres to 95 square metres, as it meets the intent of both Official Plans and the Zoning Sy-Iaw, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: April 22, 2010 LAST DAY OF APPEAL: May 12, 2010 843 ClfJl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: 564069 ONTARIO INC BEVERLY JAGODA PROPERTY LOCATION: 63 BEAVER STREET SOUTH, NEWCASTLE VILLAGE PART LOT 28, CONCESSION 2 FORMER VILLAGE OF NEWCASTLE A2010-0016 FILE NO.: PURPOSE: To permit the relocation of an existing single detached dwelling and an existing accessory building (detached garage) from 63 beaver street south to a proposed new lot at 106 beaver street south by reducing the minimum required lot frontage from 18 metres to 13.3 metres; by reducing the minimum required lot area from 650 square metres to 472 square metres; by reducing the minimum required southerly interior side yard setback from 4.5 metres to 3.9 metres; by reducing the minimum required southerly interior side yard setback from an accessory building (detached garage) from 0.6 metres to 0 metres; by increasing the maximum permitted lot coverage for all accessory buildings from 10% to 12.3%; by increasing the maximum permitted height of an accessory building from 4.0 metres to 5.0 metres and by increasing the maximum permitted floor area for all accessory structures from 60 square '!letres to 95 square metres. DECISION OF COMMITTEE: Approval of the application to relocate an existing single detached dwelling and an existing accessory building (detached garage) from 63 Beaver Street South to a proposed new lot at 106 Beaver Street South by reducing the minimum required lot frontage from 18 metres to 13.3 metres; by reducing the minimum lot area from 650 square metres to 472 square metres; by reducing the minimum required southerly interior side yard setback from 4.5 metres to 3.9 metres; by reducing the minimum required southerly interior side yard setback for an accessory building (detached garage) from 0.6 metres to 0 metres; by increasing the maximum permitted lot coverage for all accessory buildings from 10% to 12.3%; by increasing the maximum permitted height of an accessory building from 4.0 metres to 5.0 metres, and; by increasing the maximum permitted floor area for all accessory structures from 60 square metres to 95 square metres, as it meets the intent of both Official Plans and the Zoning By-law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: April 22, 2010 LAST DAY OF APPEAL: May 12, 2010 844 ClDlpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BRAD & CATHY CHAPMAN BRAD & CATHY CHAPMAN PROPERTY LOCATION: 31 BAXTER STREET, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWN OF BOWMANVILLE A2010-0017 FILE NO.: PURPOSE: To permit the construction of an unenclosed, attached deck by increasing the maximum permitted projection into the rear yard from 1.5 metres to 1.78 metres and by increasing the maximum permitted lot coverage from 40% to 42%. DECISION OF COMMITTEE: Approval of the application to permit the construction of an unenclosed, attached deck by increasing the maximum permitted projection into the rear yard from 1.5 metres to 1.78 metres and by increasing the maximum permitted lot coverage from 40% to 42% as it meets the intent of both Official Plans and the Zoning By-law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: April 22, 2010 LAST DAY OF APPEAL: May 12, 2010 845 Cl~glOn REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE May 3,2010 Resolution #: By-law #: Report #: PSD-059-10 File #'s: PLN 11.19 Subject: BILD - MUNICIPAL BEST PRACTICES, DECEMBER 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-059-10 be received; and 2. THAT all interested parties listed in Report PSD-059-10 and any delegation be advised of Council's decision. Submitted by: . /-') JI /7 . '" Reviewed by:L.~ C~-:.... ~L< Franklin Wu, Chief Administrative Officer CP/df 27 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 846 REPORT NO.: PSD-059-10 PAGE 2 1.0 BACKGROUND 1.1 In December 2009 BILD (Building Industry and Land Development Association) released a paper entitled "Creating a More Efficient Development Approval Process - Municipal Best Practices". A covering letter from Leith Moore, BILD Chair and a copy of the Municipal Best Practices paper was forwarded to Council for information purposes. At the January 25, 2010 Council meeting, the item was referred to staff for a report. A copy of the letter and Best Practices paper are contained in Attachment 1. The Municipal Best Practices guidelines make recommendations that BILD believes support the development process. while identifying methods to reduce 'red tape' from the development approvals process. The paper is divided into four (4) categories: 1. Preconsultation 2. Site Plan Applications 3. Subdivision Applications 4. Letters of Credit 1.2 Staff have prepared this report in response to BILD's paper. The paper has been reviewed in relation to current practices within Clarington's development approvals process and those that are currently under review. Attachment 2 contains a table summarizing recommendations made in the BILD paper with Staff's corresponding comments. 2.0 SUMMARY OF THE BEST PRACTICES PAPER 2.1 The Municipal Best Practices was developed by surveying the BILD membership across the GT A. Best Practices provided suggestions on how the municipal development process could be improved while delivering the desired municipal outcome and savings for the municipal taxpayer fromBILD's perspective. For the building industry, improving efficiencies in the building and land development approvals would create greater time certainty for the end user, either home owners or tenants for industrial/office space. 3.0 STAFF COMMENTS 3.1 Staff from Planning Services, Engineering Services and Finance reviewed the 34 recommendations in order to determine which recommendations already formed part of the Municipality's process and where improvements could be made. 3.2 The suggestions provided in the paper are not specific to anyone municipality, but rather have been prepared to determine where efficiencies for municipalities and development industry may be achieved given current practices. There was no dialogue with Clarington staff on current practices. 847 REPORT NO.: PSD-059-10 PAGE 3 3.3 In reviewing such a document it is important to recognize that although the development industry often works with local municipalities to achieve objectives which are important to the community, the municipality is a regulatory approval authority with different goals than a developer. Municipalities must protect the public interest and municipal liability. At times, our mandate conflicts with the immediate goals of the development industry. The key is to balance controlled development with minimal risk to the taxpayers. 3.4 Over the last number of years there has been increasingly more provincial policy direction that has required amendments and modifications to local Official Plans and Zoning By-laws as well as how the development review process is implemented at the municipal level. Staff recognizes that implementation of some provincial policy initiatives, such as preconsultation, have added layers to the development review process. However, the goal has been to add clarity to the process for all parties involved including: the applicant or landowner, consultants; residents; review agencies; municipal staff and politicians. In this light, the development review process in Clarington is frequently reviewed to ensure it is effective as possible. Standardized information requirements for supporting documentation, applications forms, manuals and guidelines provides consistency in the process and assists both the applicant and staff what information is required to support the application and meet the complete applications requirements. Currently, staff are updating procedures manuals for the different development applications. As the updates are completed they will be posted to the municipal web-site. Delays and inefficiencies in the development approval process do not all originate with the municipality. High quality submissions that are thoroughly reviewed for conformance by consultants can speed up the process greatly. Additional information may be required after agencies review the proposal and supporting documentation. 3.5 Although staff do not agree with all recommendations, the majority of the 34 recommendations are already in place in Clarington. The Municipality agrees with improving the development review process. However, as noted above the Municipality must ensure the public interest is protected in all aspects of the development approval process. As a result some of the suggested changes are not recommended by staff. 4.0 RECOMMENDATION 4.1 It is recommended that staff continue to review the development approval process for opportunities for improvement, and that a copy of the staff report and Council decision be forwarded to BILD. Staff Contact: Carlo Pellarin 848 REPORT NO.: PSD-059-10 PAGE 4 Attachments: Attachment 1- Letter from BILD and Municipal Best Practices Attachment 2- Comments Chart on BILD's Municipal Best Practices Interested parties to be notified of Council's decisions: Leith More, BILD 849 Attachment 1 To Report PSD-059-10 f~ ~j ~ ~.:zi B[ilLfJJl:f~; J~ Di-;E,t'jTf!f ~?;;~ 8uilding Industry ~nd Land Deve10pmailt ASS8CiEltion David Crome Director of Planning Services The Municipality OfClarington '40 Temperance Street Bowmanville, ON LtC 3A6 Dear David Crome, Simply put, the development approvals process has become increasingly complicated, inefficient and expensive for both the building and development industry to navigate and more importantly, for municipal governments to manage. In an effort to improve the efficiency of the municipal development approvals process BILD is pleased to announce the release of "Creating' a More Efficient Development Approval Process: Municipal Best Practices, December2009." The Municipal Best Practices was developed by surveying the BILD membership working across the GTA to identifY the most efficient policies and programs that deliver municipal outcomes while supporting the development process. Why is the Municipal Best Practices valuable to municipalities? Recognizing the escalating municipal cost to manage the development approvals process, this document provides municipalities the opportunity to identifY efficiencies that will improve the process, deliver the municipal outcome while generating savings to the municipal taxpayer. Why is the Municipal Best Practices valuable to our industry? Improving efficiencies in the building and land development approvals process should create greater time certainty for the end-users; consumers waiting for homes and tenants waiting for office/industrial space. BILD will be actively promoting the Municipal Best Practices and looking for an opportunity to engage you on the opportunities in your municipality to apply the best practices to your municipal approvals process. If you have any questions or comments, please do not hesitate to contact Joe Vaccaro, Vice President, Policy and Government Relations, BILD at 416.391.3454. Sincerely, flf!1-- Leith Moore BILD Chair 2f.; UpjU!i" ~j. .'.>;:~ f'..<ih Yf::~:.. ,.it.Jr,,,>,'::i '.,. tffi'.coJ.,...." '0.. "I'\".~"O f;18 .:. .,Ul.2i !~~ \,.'\\ '../.bi1c:~!;.,;.(;:' . Creating a More Efficient Development Approval Process. Municipal Best P~actices December 2009 * 81 LD" .1. ~~::~~~:~~"~rA Oev'Dpm..n\ A"oti,L". 851 Introduction . Both public and private interestgroups would likely agree that the development approval process is 1tO easy task. In a4dition to various pieces if provincial legislation and ,'egulatio/lS, each municipality has its own unique set if policies and conditions, fU/ther challenged by tlte complexity if extemalities they face. For our industry this means leaming and operating within a new set if parameters each time a municipal boundary is crossed. In various ways, municipalities attempt to apply best practices with the inte11t to be more responsive to businesses and/or more sensitive to the needs oj their ratepa]'er5. BeSt practices deliver @ciency; and help drive municipalities to compete amongst their peers in an ever- competitive economy. With his inauguration as BILD Chair, Leith Moore made it his mandate to reduce Red Tapefrom the development approval process. Why is this valuable to municipalities? Reducing Red Tape eliminates unnecessary bureaucracy while reducing operating costsj resulting in more funding available to other areas if the municipality and additional savings to the taxpayer. Why this is valuable to our industry? Reducing Red Tape allows the land development process to be more efficient and cost tiffective. It also nteans less delay jOr our end-usersj consunters waitingjOr homes and twants waitingfor cffue/industrial space. Putting this mandate into action, BILD devised a working group. The discussions scaled down to one central question- what are the Municipal Best Practices? This question was probed to BILD members under four major planning and developmwt processes: (1) Preconsultationj (2) Site Plan Applications/Agreements; (3) Plan if Subdivision' Applications/Agreements; and (4) Letters if Credit. By identifying which municipal p,'actices work best we are prepared to propose improvements to create tificiencies in the development approvals process. . We recognize that there are pros and cons to each component oj the planning process and when we understand both sides (private and public) if the procESS, we are all better equipped to make collaborative decisions and changes jOr the future good. The jOllowing sections if this document recount the respo/lSes from the membership to this central question. * 2 B I LD',- ~~~i;,_:~~~::=:<~fA Dev.l;>p,,,,,,,1 A'ei5'e I Preconsultation Best Practices With the adoption df Bill 51, .Preconsultation is mandatOlY and will often determine the requirements of a complete application, setting the tone of the entire development planning review process. Recognizing that this process is a legislative requirement - it can be . standardi~ed across municipalities for consistency and clarity. The industry believes that the progressive municipalities... (i) Recognize that preconsultation is a legislative requirement, and a key feature to the public consultation process; (ii) Have regularly scheduled (i.e. bi-monthly) Preconsultation meeting(s) or ensure that apreconsultation meeting is scheduled within 2 weeks of being requested; . (iii) Ensure that the appropriate senior staff and commenting agency staff are all present at the meeting; . (iv) Provide a checklist of criteria/information prior to the preconsultation meeting that an applicant is required to bring to the meeting or have circulated to staff prior to the meeting; (v) Clearly identify a list of criteria/information during a preconsultation meeting to the applicant en.suring that they have met the municipal requirements to consider an application complete; (vi) Use a standardized list of criteria/information to consider an application complete; (vii) Provide sign-off by staff and the applicant for a list of criteria/information required to consider the application complete, ensuring that a municipality does not request additional information subsequent to a preconsultationmeeting; (viii) Provide a list of all staff contacts (name, title; telephone number, emaiI address) that will be circulated and/or commenting on the application. * 3 . B I LDs, :~~~:~~~::~~:rA OB'V'fi'~j.1m*,!"ji A$'1cdatior. 853 Site Plan A lications/A eements Best Practices Section 41 of the Planning Act speaks to matters within a site plan control area. Our concern for site plan applications/agreements is primarily the complex process of approving plans or drawings, leading to the execution of a site plan agreement. The industry believes that the progressive municip~lities... (i) Have standardized procedural manuals for the site plan application process; (ii) Do not make premature, unwarranted and/or additional requests for information that was not discussed and agreed upon during the preconsultation meeting; . (iii) Provide an expedited plan input/plan review process, ensuring that all .comments for an application are provided in a complete and timely manner, an:d for these associated plans or drawings new comments are not raised later in the process based onthe original designs of the application; (iv) Allow drawings to b~ redlined, to avoid resubmission ofan application based on minor changes/amendments; (v) Do not utilize a peer-review process (as our industry believe in-house staffis more efficient and beneficial); (vi) As an alternative to in-house'staff, municipalities could exercise a review process by which plan review is ~utsourced to neighbouring . municipalities; . (vii) Should remove the entire plan review process for engineering plans. Due to the fact that certified Engineers must stamp their design for quality assurance, and therefore drawings/plans should be accepted on this merit, and not have to undergo plan review twice. Municipalities will get the final check at site inspection; (viii) Provide a draft site plan agreement at the request of the applicant after the first round of comments has been addressed, or release the template agreement to the applicant to enable the applicant to prepare the initial draft; (ix) Have pre-servicing agreements, which allows flexibility in the development process and helps ensure deadlines to end-users; (x) Use generic language in the site plan agreements, thereby not referencing specific utility companies in these agreements whe~. multiple utility providers operate within the municipality. ar~ 4 SILD" Ii/JIUlING A GIIVlTfl! (1~ B..;l1in~ Il\duSl.1-I,"jUaJll D!lVenpm~;'\t 1I.eu~ Plan of Subdivision A eements Best Practices Section 51 of the Planning Act speaks to Plan of Subdivision approvals. Our concern for the Plan of Subdivision approvals is also the complex process of approving plans or drawings, leading to the execution of a Plan of Subdivision agreement. The industry believes that the progressive municipalities... (i) Like the site plan application/agreement practice, have pre-servicing agreements, which allows flexibility in the development process and helps ensure closing dates for consumers; (ii) Like the site plan application practice, have standardized procedural manuals for the Plan of Subdivision Application Process; (iii) Like the site plan application practice, do not make premature, unwarranted and/or additional requests for information that was not discussed and ' agreed upon during the Preconsultation meeting; (iv) , Like the site plan application practice, provide an expedited plan input/plan review process, ensuring that all comments for an application are provided in a complete and timely manner; and for these associated plans or drawings new comments are not raised later in the process based on the original designs of the application; (v) Like the site plan application practice, allow drawings to be redlined, to avoid resubmission of an application based on minor changes/amendments; (vi) Like the site plan application practice, do not utilize a peer-review process (our industry believe in-house staffis more efficient beneficial); (vii) Like the site plan application practice and as an alternative to in-house staff, municipalities could exercise a review process by which plan review is outsourced to neighbouring municipalities; (viii) , Like the site plan application practice, should remove the entire plan review process for engineering plans. Due to the fact that certified Engineers must stamp their design for quality assurance, and therefore drawings/plans should be accepted on this merit, and not have to undergo plan review twice. Municipalities will get the final check at site inspection; (iX) Like the site plan agreement practice, provide a draft plan of subdivision agreement at the request of the applicant after. the first round of comments has been addressed, or release the template agreement to the . applicant to enable the applicant to prepare the initial draft; A." . ' ' il~ SILD-I ~:~~::=,:TA D~flbpme~t AJ'$oci~tion 5 855 (x) Like tIre site plan agreement practice, use generic language in their plan of subdivision agreements, thereby not referencing specific utility companies in these agreements. This will ensure a competitive marketplace for utility companies; (>..;) Allow model homes to be approved prior to pre-registration; (xii) Do not commit builders/developers to produce a site plan approval requirement for fi-eehold townhouses within a registered plan of subdivision. 6 * SILD.I B/JIUJIIIG A ai/EATE/I fJ fA 8.Li;1~ l:\:lU,(oli,)(;d ~~~d oM",,,,,"1 A13i56 I Letters of Credit Best Practices I As a condition to the execution of a Site Plan Agreement/Plan of Subdivision i\gieement _ Letters of Credit are the municipality's assurance of the intended work. Our concern is that Letters of Credit have no flexibility and in some cases are requested well before they are truly required. The industry believes that the progressive municipalities... (i) Utilize a global letter of credit. This letter of credit has the ability to shift the funds across phases for larger projects With multiple phases. This letter of credit can also be increased if required; . (ii) Collect letters of credit at the building permit stage of a development, . as opposed to site plan/plan of subdivision agreement stage of a development; (iii) Should request landscaping letter(s) of credit after registration-as landscaping work does not occur ~ntil late in the development process; (iv). Utilize letter(s) of credit for cash deposits (i.e. hydro uses letter(s) of credit as the security deposit instead of cash back); (v) Provide the builder/developer with an inspection(s) schedule of when landscaping or engineering works can be inspected to enable the timely reduction or release of a letter of credit; (vi) Provide the list of criteria (in addition to the term in the site plan or plan of subdivision agreement) that the inspector uses, prior to the municipal inspection. This will ensure a builder/developer knows what is being inspected and can ensure compliance; (vii) Request letters of credit that do not exceed - either the total value of work and/or what is truly required. 7 * BI LD', BlJliillNIi,llGRE.4T!RGiA . a,.nm,o "",,,,,,, '"d I.M~ O~!;>~pme'1t r..jSnciiltil.lc 857 Attachment 2 To Report PSD-059-10 2. Preconsultation meetings should have a regular bi-monthly schedule or take place within two weeks of receiving the request 3. Appropriate senior staff should participate together with commenting agency staff 4. Provide a check list of criteria! information prior to preconsultation meeting to bring to meeting or circulate to staff in advance of meeting 5. Clearly identify a check list of criteria /information during preconsultation meeting required to consider application complete 6. Use a standardized list of criteria/information to consider application complete 7. Provide sign-off by staff and applicant of required criteria/information and do not request additional information 8. Provide list of all staff contacts that will be circulated/comment on application Current Clarington process The Municipality has adopted a by-law requiring preconsultation for the following applications: official plan amendments; zoning by-law amendments; site plan applications; and proposed draft plans of subdivision. Review Although regular bi-monthl~ meetings have not been used to date. Preconsultation meetings are typically scheduled within two weeks of receiving a request or sooner, unless the schedule of all participants does not permit. Staff will review the benefits of establishing regularly scheduled meetings as 0 osed to an as needed basis. Current Clarington process Preconsultation meeting requests are reviewed with senior staff to determine which staff, including senior staff, should participate to ensure the meeting is roductive. Review The applicanUagent is advised what information to provide for review prior to a pre-consultation meeting. Staff will review creatin a standard list. Current Clarington process Following the introduction of Bill 51, Council adopted a By-law identifying the preconsultation process and the form and list of possible information that is required to be submitted with the a Iication. Current Clarington process The list used during the preconsultation is reviewed against the submission to determine com leteness of an a Iication. Current Clarington process The preconsultation process currently followed by the Municipality requires minutes be prepared, summarizing the meeting. These minutes are to be signed by both the applicant and municipal staff concurring with the contents therein and the criterialinformation to be submitted with the a Iication to deem the a . Iication com lete Current Clarington process The applicant meets staff from the agencies attending the preconsultation meeting. Typically all circulated agencies are requested to attend the preconsultation meeting. In addition, a list of'circulated agencies is provided to the applicanUagent once the circulation has started 858 ~ Have standardized procedural manuals for site plan application process. 2 Do not make premature, unwarranted and/or additional if'lformation requests not identified during pre-consultation. 3. Ensure expedited process providing timely and complete comments on an application and that new comments are not raised latter in process. 4. Allow red-line revisions to avoid resubmission where a minor change is required. 5. Do not use peer review. 6. Outsource to neighbouring municipalities where in house staff not available. 7. Engineering drawings should not be reviewed, but accepted as stamped and submitted. Final check to be done at site inspection. 8. Provide draft site plan agreement at the request of the applicant after first round of comments has been addressed 9. Have pre-servicing agreements, allowing flexibility in the development process and helps meet deadlines. 10. Use generic language in site plan agreements and do not reference specific utility companies. Current Clarington process The Municipality is currently updating its procedural manual to reflect adoption of Bill 51 changes including the pre-consultation rocess Current Clarington process Staff always attempt to identify all issues and requirements through the pre- consultation process. However, occasionally an item or issue is missed. Often new or additional items are identified or requested in response to the findings of a study/report or revisions submitted on an a lication. Current Clarington process Staff provide a detailed response to the owner/applicant and agent including all municipal and agencies comments shortly after the allowed three week circulation/ review eriod. Current Clarington process Plans are often approved subject to red-line revisions. However all revisions need to be completed prior to final approval of plans. This helps to ensure that everyone from the contractor to the inspector is working with the same drawin . Current Clarington process Generally the Municipality does not use peer review. The exception to this is where staff does not have the expertise required to review technical information. Current Clarington process Except as identified above, municipal staff reviews all a lications. Disagree This is a situation where interests are not . always the same. Stamped engineered drawings often are revised more than once even though municipal requirements are specified. Final checks cannot be done in the field, this is often too late. Current Clarington process A template agreement is provided to the a Iicant earl in the rocess as re uested. Disagree Preparation of the pre-servicing agreement typically can't occur until most site plans issues are resolved and delays the ultimate site Ian a rova!. Current Clarington process The Municipality use~ a site plan agreement template that is only altered to deal with special conditions from a specific utility. 859 2. Standardized procedural manuals for subdivision application process 3. Do not make premature, unwarranted and/or additional information requests not identified during pre-consultation. 4. Ensure expedited process providing timely and complete comments on an application and that new comments are not raised later in process. 5. Allow red-line revisions to avoid' resubmission where a minor change is required. 6. Do not use peer review. 7. Outsource to neighbouring municipalities where in house staff not available. 8. Engineering drawings should not be reviewed, but accepted as stamped and submitted. Final check to be done at site inspection. 9. Provide draft agreement at the request of the applicant after first round of comments has been addressed 10. Use generic language in site plan agreements and do not reference specific utility companies. 11. Allow model homes to be approved prior to pre-registration Disagree Preparation of the pre-servicing agreement typically can't occur until most issues are resolved. Preparation of two agreements dela s the ultimate subdivision a reement. Current Clarington process The Municipality is currently updating its procedural manual to reflect adoption of Bill 51 changes including the pre-consultation rocess Current Clarington process Staff always attempt to identify all issues and requirements through the pre- consultation process. However, occasionally an item or issue is missed. Often new or additional items are identified or requested in response to the findings of a study/report or revisions submitted on an a lication. Current Clarington process Staff provide a detailed response to the owner/applicant and agent including all municipal and agencies comments shortly after the allowed three week circulation/ review eriod. Current Clarington process Plans are often approved subject to red-line revisions. However all revisions need to be com leted rior to final a roval of lans. Current Clarington process Generally the Municipality does not use peer review. The exception to this is where staff do not have the expertise required to review technical information. Current Clarington process Except as identified above, municipal staff reviews all a lications. Disagree This is a situation where interests are not always the same. Stamped engineered drawings often are revised more than once even though municipal requirements are specified. Final checks cannot be done in the field, this is often too late. Current Clarington process A template agreement is provided to the a licant earl in the rocess as re uested. Current Clarington process The Municipality uses an agreement template that is only altered to deal with s ecial conditions. Disagree The Municipality does not allow pre- servicin a reements. The zonin B -law 860 12. Do not require site plan approval for freehold townhouses within a registered plan of subdivision. only allows one dwelling per lot, therefore the plan must be registered to permit more than one building permit to be issued for a model home Current Clarington process Freehold, street townhouses do not require site Ian a roval. 1. Use a global letter of credit (LC), providing the ability to shift funds across phases for larger projects. 2. Collect LC's at the building permit stage not the development agreement stage. 3. Request landscaping LC's after registration. 4. Utilize LC's for cash deposit. 5. Provide schedule when inspections can be completed allowing for timely reduction of LC's. Provide criteria for inspection in advance of inspection to ensure compliance 6. 7. Request LC's that do not exceed the total value of the work or what is truly required. Current Clarington process Staff have agreed to the principle of a global (LC) to cover some development situations involvin multi Ie hases or ro'ects. Disagree Letters of Credit must be in place prior to issuance of authorization to commence the works for which the (LC) is providing security. Itis essential.in the event of non- erformance of site works. Review Letters of Credit related to landscape works are usually related to road construction unless the are art of a site Ian a reement Disagree Value of Letters of Credit are specific as identified in 7 below. Current Clarington process Subdivision agreement allows for reduction of LC as work is com leted and ins ected. Current Clarington process Staff works with the applicant/owner and consultants to ensure criteria for inspection is communicated. Current Clarington process The value of LC is based on cost estimate for work to be undertaken and is prepared by the applicant/owner's consultant and approved by staff. The value allows for contin encies. 861 a~n REPORT ENGINEERING DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3, 2010 Resolution#: By-laW#: N/A Report#: EGD-013-10 File#: Subject: MUNICIPAL IDENTIFICATION DISPLAYS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-013-10 be received; 2. THAT the name Clarington or Municipality of Clarington be the most prominent text on any future eastbound or westbound municipal identification displays along Highway 401 ; 3. THAT interested parties be advised of Councils decision. d r-tQ~ ~ Franklin Wu, Chief Administrative Officer Submitted by: Reviewed by: A. . Cannella, .E.T. Director of Engineering Services ASC/PW/jo CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 901 REPORT NO.: EGD-013-10 PAGE 2 1.0 BACKGROUND 1.1 Many municipalities have constructed landscape displays along Highway 401 to help promote their identity. They are often located close to the municipal boundary and typically include a large sign indicating the name of the municipality along with a variety of landscaping. The Province reviews the design of these displays but does not provide funding for their construction. Clarington has an identification sign at both the east and west limits of the municipality along Highway 401, but does not have a landscaped municipal identification feature. On January 9,2009, Durham MPP John O'Toole wrote to the Minister of Transportation (Attachment 1) for advice on how Bowmanville could establish a floral display along the 401. The display would spell out the name Bowmanville with landscape features such as shrubs and flowers. At the January 26, 2009 meeting, Council passed a resolution indicating its full support of the project. On March 25, 2009, the Minister of Transportation replied to MPP O'Toole's letter (Attachment 2). The Province of Ontario's policy was to permit one decorative municipal identification display for each direction of travel at or near the point where their municipal boundary crosses the highway. To be consistent across the province, permits for these were only considered for upper, lower and single tier municipalities. Based on those criteria, communities such as Newcastle, Bowmanville and Courtice could not be recognized on Highway 401 displays. On July 2,2009, MPP O'Toole again wrote to the Minister of Transportation (Attachment 3) indicating that Clarington Council reaffirmed their support for the 902 REPORT NO.: EGD-013-10 PAGE 3 concept of a landscape decorative municipal identification display at the 401 overpasses at Bowmanville. On December 15, 2009, the Minister wrote MPP O'Toole to inform him that the province had revised its policy. They will still permit each Municipality only one decorative municipal identification display for each direction of travel however; the displays can be located to recognize an individual community within a municipality (Attachment 4). The policy change allows municipalities the flexibility to determine which community within their boundaries to recognize along the 401 while still limiting the number of displays for safety purposes. On January 11, 2010, long time Bowmanville resident Robert Stevens wrote to Council requesting that Bowmanville be recognized along the 401. He enclosed a cheque for $1000 to be used only for that purpose. Council referred his correspondence to the Minister of Transportation of Ontario. 2.0 COMMENTS 2.1 Municipal Identification Displays A Highway 401 municipal identification display has never been included in the Capital Budget or forecast and staff is not recommending the construction of one at this time. Several correspondence items between MPP John O'Toole and the Minister of Transportation regarding a 401 identification display in Bowmanville have been sent to Council and Council indicated its support prior to knowing the provincial policy on municipal identification displays. Clarington is somewhat unique in that it has several distinct communities located along the 401 corridor. The province has made it clear that each municipality can only have one eastbound and one westbound decorative identification display along the 401 but they will allow the flexibility to recognize either a community within a municipality or the municipality itself on the display. 903 REPORT NO.: EGD-013-10 PAGE 4 Most landscape displays along the 401 prominently display the name of the municipality on a sign. 2.2 Community Gateway Features In the 2006 Capital Budget, funding was approved for community gateway features in both Courtice and Bowmanville. The Courtice gateway feature has been constructed on the north side of Highway 2, just east of Centerfield Road. The display is a tiered garden with a large granite sign displaying the name Courtice (Attachment 5). The Bowmanville gateway feature will be located on the east side of Waverley Road between the 401 westbound off-ramp and the Waverley Road entrance to the Bowmanville Creek Developments project (Attachment 6). Only a portion of the land for that gateway feature is currently owned by the Municipality. The remaining land will be transferred to the municipality as a condition of the approval of the Bowmanville Creek Developments project, anticipated later in 2010. The conceptual plan for the Bowmanville gateway feature includes a large granite sign displaying the name Bowmanville along with landscape plantings and granite boulders. All vehicles exiting the 401 at Waverley Road and traveling north would pass the Bowmanville gateway feature. The Community Improvement Plans approved by Council for both Newcastle and Orono refer to the need for entry signage in those communities. The Newcastle CIP recommends the installation of landmark entry features at the entrances to Newcastle and specifically requests a landmark feature at the 401 entrances. The Orono CIP identifies the lack of adequate and consistent signage at the access points to Orono. 3.0 CONCLUSION 3.1 Council's intent in approving funding for the Courtice and Bowmanville gateway projects was to recognize Clarington's individual communities at high traffic 904 REPORT NO.: EGD-013-10 PAGE 5 entry points into those communities. The Courtice gateway feature is complete. Funding is in place for the Bowmanville gateway feature and it will be constructed once the remaining land has been acquired. The main entry points to other communities such as Newcastle and Orono may also merit a landscaped gateway feature. The scale and costs of each gateway feature can only be determined once an appropriate site is selected. Should Council wish to proceed with additional gateway projects, they could be referred to the Capital budget process. A Highway 401 identification display has never been included in the Capital Budget or forecast. Should Council wish to pursue an identification display located along the 401 a report recommending potential locations and costs could be prepared. Direction on what name should appear on the display would also be required. It is staff's recommendation that the name Clarington or Municipality of Clarington be the most prominent text on any future 401 displays. Mr. Stevens's $1000 donation offer was specifically directed to recognize Bowmanville along the 401. He has told staff that it cannot be used for the proposed Bowmanville gateway project on Waverley Road. Attachments: Attachment 1 - Letter from MPP John O'Toole to the Minister of Transportation (January 9, 2009) Attachment 2 - Letter from the Minister of Transportation to MPP John O'Toole (March 25, 2009) Attachment 3 - Letter from MPP John O'Toole to the Minister of Transportation (July 2, 2009) Attachment 4 - Letter from the Minister of Transportation to MPP John O'Toole (December 15, 2009) Attachment 5 - Photo of Courtice gateway feature Attachment 6 - Key Map of Bowmanville gateway feature location 905 :~... .olt~.~. - . -.. . 0IClI10 LEGISI.A'I1VE ASSEMBlY JOHN R. O'TOOLE, M.P.P. 0Urt&n January 9. 2009 The Hon. J atnes Dr ey Minister of Transport~tion n Wellesley St W. 3 . FIr, F~guson Block Toronto ON M7A 1 Dear Minister: Report EGD-013-10 Attachment 1 Cl Queen's Park Olllce: .. CcIIIStbncy Ollke: Rm. 328 7S ~ su. Main aldg. ~nvI\k!, OnIMIo 1llrontD, ()1farlo L 1 C 1 N4 M7A lAB TeL 1~61-.2433 Tel. (416) 325~74S (9OS) fiiT-1501 f'alC(416132S-6255 1U19OS)691-1506. e.mau; )ohn.OlOO~olLorg '. This note is with reg to the Highway 401 interchanges at Bowmanville. Minister. to help promote the Bo manville community, some citiuns are intereated in establishing a floral display on the e tbound and westbound 401. The suggestion is that the display would spell out the c Bowmanville. along with providing attractive landscaping features tbrouJh shru s and flowers. It would be like many other landscapes on Highway 401 wbere.towns and itiesshow their civic pride through a decorative "gateway:' Minister. could you p sse advise how Bowmanville can establish.a similar display in my Riding of Durham7 though Bowmanville is part of the Municipality ofOarington. it is the largest communi in the municipality and has a history dating back: m.orc than 150 years. I trust that its s s as a thriving independent community within the municipality of Clarlogton would t prevent it from being included in a civic identity program for towns along the Hwy 1 conidoI'. " Since an interchange cautification project may need to be considered in connection with future interchange im vements, could you also please provide an update concerning the Province of Ontario' 5 lans to rebuild the two Highway 401 interchanges at Bowmanville7 Thank you for your c sideration. I look forward to your reply. y Jo R. O'Toole, MP Dur J ' c. Councillor Ron H per - The Municipality of Clarington 18B-~ 90/90' dUN. .. '. ~~ ndZ9:EO or-9lf-ezA ' Report EGD-013-10 Attachment 2 Mfnlstry of Trensportation Offict of the MIn.r FQ9JSOn Block. 3m Floor n We\1es1ey SL West Toronto, OntarIo M7A 1Z8 416 327.9200 www.mto.gov.on.ca Ijlin~ des Tranaparta Bureau du rTinlslre Edifice Ferguson. :r ~aoe 77. rull WlIlIakIy ouest Toronto (0nWi0) M7A 1Z8 416327-8200 www.mto.gov.on.ca ~ OntarIo MAR 2 5 ZOD9 Mr. John R. O'Toole, M P Durham 75 King Street East Bowmanville, Ontario Lie iN4 \ Ilesr Mr yfoal~ .&.!. Thank you for your lette regarding the installation of a floral display on Highway 401 In Bowmanvllle. My ministry supports en rts to raise a municipality's profile by permitting landscaped Decorative Munlclpalldentfflcatlon lsplays that include a munlclpallty's name on provincial highways. To be consistent across thel province, permits for such displays are only considered for upper, lower and single tier mu~iclpalities. and First Nation Territories. Based on this criterion, we are unable to offer this oPS?O unity to communities such as Bowmsnvllle. However. we have othe opportunities for communities such as Bowmanville that may want to be involved in the beauti cation of our highways. Our Adopt-A-Hlghway and Vegetation Management and Cont I programs encourage pllrtnershlps with local communities, community service groups, busines e8 and Individuals on a volunteer basis to take an active role In maintaining and c1eanl 8 seetlon of highway within a community. Anyone Interested in either of these programs Is en uraged to contact our Contracts OffIce at (416) 235-5462. Regarding improveme to Highway 401 Interchanges In Bowmanville. ministry staff are proceeding with plans t undertake an environmental assessment and preliminary design for Improvements to the Int rchange on Highway 401 at Holt Road. These improvements would increase capacity at the ~nterchange and Improve operations and safety throughout the local area as well as support p!"'ltarlo Power Generation's New Nuclear at Darlington Project. Ministry staff wouid also be pleased to review any proposals that the Bowmanvllle community may have to beautify or andscape highway Interchanges. If you would like more Information, please contact Tom HeWItt. Head, Conidor Management Section, at (416) 235-5095. Again, thank you for brl ging your constituents' concerns to my attention and please accept my best wishes. Yours sincerely, 6~ ~im Bradley Minister c: Councillor Ron Doper. The Municipality of Clarlngton . I le8-~ 90/~O'd lE8-! 907 -WO~~ ~dZg:eo OI-Nvr-8Z o Queen's PlIrk ORlr;e: ClIIsI1WlcJ Ofllce: '- 4.3 75 ~ Sl e. Mail 8ldg. BOWmImlIlr. 0nIarI0 '::':':':':'::.~::7-;:':-.. ':.':.:"="':.:.'::':::':.':': :.:"::'..;,:=':.:::'-::-:.:':'::::_. .""......~~.'?' .._ _.... ....11f.~ Dl.1-.1OO-661-2A33 'M (41" 325-5745 _1697-1501 F1x(416) 325-6255 R1xl'OS) .1-150& &maD: John.olool<<OOpc.oUa :: ~ WilSlAllV! ASSnfSlY JOHN R. O'TOOLf, M.P. 0U1IIm .. .. ~---- -..'------..-...., - .---- ----....-.. .....-.. - ..-- July 2. 2009"" Report EGD-013-10 Attachment 3 The Hon. James Bradle MIDistel' of Transpo on 77 Wellesley St W, 3rd Plr, Ferauson Block Toronto ON M7A lZ8 Dear Minister: Please find enclosed letter I received from Clarington Council in which the councillors have reaffirmed by re lution that they support the concept of a landscaped decorative municipalldentificati n display at the Highway 401 overpasses at BowmanvUle. As you may recall, I wrote yo on this matter in correspondence dated January 9,2009. You replied March 25, 2 Minister, in view of s pport from the municipality for a lanascape display at an individual town withi the Municipality ot Clarlngton,I trust that your Ministry wiD consider makIng the ai>proprlate changes in MTO policy. In my view, there arc many other municipalities tliat would want the option of having a display at the entrance to a community that is wi . their geographic area, but is not an independent municipality. What would be neede is an amendment allowing such displays for individual communities., provid that the communities were in agreement, along with their municipal councils. Would you please rev! wand reconsider the current rules, in which only municipalities may have an entrance . splay on the 400-serie.s highways? Thank you for your e1deration. I look forward to your roply. Yo Enc!. c. Mayor Jim Abernethy & Council . l l88-~ 90/~O' d lES-l 90a. -WO~~ ~ls:eo Ol-Nvr-8Z ". MlnliIry of TrlnsportatIOft 0IflCe Of the Minist8r Ferauson 6IOCIt. 3I'd Floor 77 WellesleySt West Toronto. OntarIo M7A 1%8 .18327-9200 www.mto.gov.on.ca DEe 1 5 Z009 Mr John R. O'Toole, M P Durham 75 KIng Street East Bowmanville, Ontario L1C 1N4 Report EGD-013-10 Attachment 4 Mini'*' CIn ~ Bureau du mln1etr8 I:tIflce F~. :r &taae 17. rue WeIIaIl8y oU8lJt TotonIo (0nWI0) M7A 1D 416327-9200 www.mta.gav.on.ca . Orurlo up letter regarding the request from the Newcastle Community for the Installation of a floral display on Highway 401 In Clarington. Further to my letter of rch 26. 2009. municipalities that qualify are pennltted to build one decorative munlclpalld ntlfication display for each direction of travel at or near the point where their municipal bounda crosses the highway. To be consistent across the proVince, pennits for these displays are 0 Iy considered for upper, lower and single tier municipalities. Based on this criterion, we are un ble to offer this opportunity to communities such as Newcastle. In light of the concem~jSed by several of the communities within your riding, we are prepareel to change our policy in rder to allow municipalities that are eligible, to transfer their option to install a display to a t ship or hamlet within their boundary. In this case, Clarington would then be able to give up One or both of their decorative municipal displays to Newcastle. This polley change will fford municipalities the flexibility to determine which community within their boundaries is able install a decorative display while at the same time. for safety purpose. limit the number of dlspl ya along our highways. This policy change Is expected to come into effect before the end of he year. Again, thank you for bri'7Sing your constituents' concerns to my attention and please accept my best wishes. I Yours eincerely, I ~~ ! Jim Bradley ~ Minister c: Theresa Vanha rbeke I I le8-~ 90/10'd IE8-! 909 -rfO~~ ~d l,S: EO ol-NVr-ez ::0 (I) "C o )>;:1. sm to (') Q --'" ::T C o 3 b (1)-- ::sW -~ Ul 0 ---' r---- N W~E s DRAWN BY: E.L. DATE: March 31,2010 REPORT EGD-013-1 0 ATTACHMENT NO.6 G:\Attachments\Bowmanville G .mxd CJ!I!illgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday May 3, 2010 Resolution #: Report #: EGD-016-10 File #: By-law #: Subject: RECONSTRUCTION OF LIBERTY ST. FROM BASELINE RD. TO KING ST. E. - BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-016-10 be received; 2. THAT Council endorse the recommendations within Report EGD-016-10; 3. THAT the Region of Durham be requested to reprioritize their Capital Works projects to include the total reconstruction of Liberty Street rather than to proceed with interim surface condition improvements; 4. THAT a copy of Report EGD-016-10 be forwarded to the Clarington Traffic Management Advisory Committee; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 912 REPORT NO.: EGD-016-10 PAGE 2 5. THAT a copy of Report EGD-016-10 be forwarded to the Commissioner of Works, Region of Durham. Respectfully by, KGi2nena Director of Engineering Services d~~~ Reviewed by: Franklin Wu Chief Administrative Officer ASC~o/dv/jb April 27, 2010 913 REPORT NO.: EGD-016-10 PAGE 3 1.0 BACKGROUND 1.1 At its March 18, 2010 meeting, the Clarington Traffic Management Advisory Committee heard from the representative of the Regional Municipality of Durham that the reconstruction of Liberty Street from Baseline Road to King Street East has been delayed until the year 2017. This year the Region plans only to make improvements to the surface condition of the road and to relocate the intersection pedestrian signal to Parkway Crescent from its current location south of Parkway Crescent. 1.2 The Committee members were very concerned about the delay of this project and expressed deep dissatisfaction with the Region's decision. In particular, they expressed concern for the congestion on Liberty Street as it pertains to the passage of emergency vehicles (fire, police, and EMS) especially given the location of Lakeridge Health - Bowmanville. 1.3 At the General Purpose and Administration Committee meeting of Monday, March 29, 2010, Council gave the following direction "THAT staff report back to the Committee on the Region of Durham's delay of the Liberty Street reconstruction" . 2.0 STATUS REPORT ON THE RECONSTRUCTION OF LIBERTY STREET 2.1 Staff have researched previous files on this matter and have found correspondence dating back to 2001 about the congestion and safety of Liberty Street. In 2002, the Region completed a study in response to a petition they received "regarding traffic safety on Liberty Street (Regional Road No. 14) between Baseline Road and King Street in Bowmanville", and the results of the study were presented to the Region at the June 5,2002 Works Committee meeting. REPORT NO.: EGD-016-10 PAGE 4 2.2 The report states that: "Liberty Street is experiencing a significant number of safety and capacity constraints, predominantly due to inconsistently and poorly spaced intersections, lack of exclusive left-turn lanes, mixed land use, indiscriminate pedestrian crossings with limited gap opportunities, irregular pavement surface conditions [and] the absence of alternative routes and limited road capacity. Most importantly, accumulating vehicular conflicts and pedestrian traffic at the Queen Street intersection is problematic and requires remedial measures to resolve sight- line deficiencies and capacity concerns." 2.3 The report concludes that: "Liberty Street south of King Street to Baseline Road is experiencing above-average collisions associated with an increase in traffic volume, limited roadway capacity and safety deficiencies. Short term improvements (lane marking, signage, and surface pavement repairs) will be undertaken in 2002. "Funding provisions for the installation of a pedestrian traffic signal at the Victoria Street/Jane Street intersection will be allocated in the 2003 Signal Installation Program. "Medium-term capital improvements, estimated at approximately $540,000 (exclusive of utility relocation and minor property acquisitions) are required to widen the roadway for a two-way common centre left-turn lane in order to accommodate increased traffic growth and safety operational improvements. This work is proposed in the 4-year Capital Road Program, subject to budget approval and prioritization of other competing projects." 2.4 The project has remained in the Region's 4-year budget forecast, but has consistently been delayed, more recently because of a substantial decrease in development charge receipts which are used to fund regional road expansion projects, including Liberty Street. We understand now that significant budget shortfalls being experienced by the Region which means careful prioritization of Regional expansion projects and a further delay of the Liberty Street works. 915 REPORT NO.: EGD-016-10 PAGE 5 3.0 CONCLUSION 3.1 The Region has consistently included the reconstruction of Liberty Street from Baseline Road to King Street in their 4-year budget forecast in the past, but the Municipality has recently learned that the reconstruction of Liberty Street has been delayed until 2017. In the meantime the Region has agreed instead to make interim improvements to the surface condition which includes manhole repairs, replacement of portions of curb and gutter and resurfacing from Baseline Road to Queen Street. 3.2 Liberty Street is a Type 'B' arterial road with an 8.5 metre pavement width and an MDT of over 17,000. It experiences significant congestion in the a.m. and p.m. peaks which results from a number of operational difficulties. As stated earlier, "Liberty Street is experiencing a significant number of safety and capacity constraints, predominantly due to inconsistently and poorly spaced intersections, lack of exclusive left-turn lanes, mixed land use, indiscriminate pedestrian crossings with limited gap opportunities, irregular pavement surface conditions, the absence of alternative routes and limited road capacity". Interim surface condition works will do little to address these high priority constraints. 3.3 The Traffic Management Advisory Committee has requested that the Engineering Services Department send a letter to the Region's Public Works Department requesting that the project be advanced. We believe even more can be done than that. 3.4 The complete reconstruction of Liberty Street from Baseline Road to Highway #2 in Bowmanville is a project of significant status to the residents of Bowmanville and to Clarington Council. We would therefore respectfully recommend that the Region of Durham be requested to reprioritize their Capital Works projects to include the total reconstruction of Liberty Street than to proceed with interim surface condition improvements. 916 Clarington. REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3,2010 Resolution #: By-law #: n/a Report #: ESD-006-10 File # n/a Subject: MONTHLY RESPONSE REPORT - MARCH 2010 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-006~10 be received for information. Submitted bY:c;/) '- J - ' Gordon Weir, AMCT, CMM111 L>irector Emergency & Fire Services Reviewed by: o ~-S ~~ 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 1101 REPORT NO: ESD-006-10 PAGE 2 1.0 BACKGROUND 1.1 Report ESD-006-10 covers the month of March 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 261 calls during this period and recorded total fire losses of $161 ,900. Attachment 1 to Report ESD-006-10 is a breakdown of call responded to. Attachment 2 to Report ESD-006-10 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-006-10 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT REPORT PERIOD: MARCH 1,2010 OO:OO:OOhrs - MARCH 31,2010 23:59:59hrs RESPONSE TYPE REPORT FIRE STATIONS 2010 2009 RESPONSE STATION STATION STATION STATION STATION THIS TO TO SAME TO TYPE 1 2 3 4 5 PERIOD DATE DATE % PERIOD DATE FIRES I 5 4 2 3 1 15 34 4.5% 17 36 EXPLOSIONS OVERPRESSURE RUPTURE 0 0 0 0 0 0 0 0.0% 0 1 EXPLOSIONS PRE FIRE 1 1 0 2 0 4 10 1.3% 12 19 CONDITIONS BURNING 1 0 1 1 1 4 8 1.1% 3 3 (controlled) FALSE FIRE 18 2 1 4 1 26 59 7.8% 28 102 CALLS CO FALSE 7 2 1 7 0 17 62 8.2% 19 66 CALLS PUBLIC HAZARD 2 1 2 3 1 9 32 4.2% 12 36 CALLS RESCUE CALLS 10 0 2 2 1 15 86 11.3% 21 115 MEDICAL CALLS 80 24 4 43 3 154 418 55.1% 141 456 OTHER 6 7 0 4 0 17 50 6.6% 17 47 RESPONSES TOTALS THIS PERIOD 130 41 13 69 8 261 759 100.0% 270 881 TO DATE 408 96 52 176 27 759 THIS PERIOD 136 34 17 76 7 270 LAST YEAR TO DATE LAST 459 115 62 218 27 881 YEAR 1103 DOLLAR LOSS REPORT THIS PERIOD $161,900 2010 TO DATE $777,100 THIS PERIOD $1,013,500 2009 TO DATE $1,308,300 APPARATUS RESPONSE REPORT FOR THIS PERIOD STATION 1 PUMPER SCAT PUMPER TANKER UTILITY AERIAL RESCUE 1 1 11 1 1 1 1 THIS PERIOD 260 108 128 10 1 4 7 2 TO DATE 761 319 373 31 3 4 20 11 STATION 2 PUMPER TANKER 2 2 THIS PERIOD 49 41 8 TO DATE 110 100 10 STATION 3 PUMPER TANKER UTILITY ATV 3 3 3 THIS PERIOD 17 14 2 1 0 TO DATE 60 47 9 3 1 STATION 4 PUMPER PUMPER TANKER Aerial 4 44 4 4 THIS PERIOD 110 99 6 2 3 . TO DATE 294 275 11 2 6 . STATION 5 PUMPER TANKER 5 5 THIS PERIOD 7 7 0 TO DATE 31 27 4 443 TOTAL VEHICLE MOVEMENTS FOR THIS PERIOD 1256 TOTAL VEHICLE MOVEMENTS TO DATE - 2009 1104 Attachment #2 to ESD-006-10 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT 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 i.e. Vehicle Accident, Building Collapse, Commercial/Industrial Accident, Home/Residential Accident, Persons Trapped in Elevator, Water Rescue, or Water/Ice Rescue. Medical/Resuscitator Call: Includes a response to a patient(s) suffering from Asphyxia, Respiratory Condition, Convulsions, Epileptic, Diabetic Seizure, Electric Shock, Traumatic Shock, Heart Attack, Stroke, Drug Related, Alcohol Related, Cuts, Abrasions, Fracture, Burns, Person Fainted, Nausea and pre-hospital care such as administering oxygen, CPR, defibrillation, or,first aid Other Response: Assistance to other Fire Departments, call cancelled on route, non fire incidents where an illegal grow operation or drug operation was discovered 1105 Uaringron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3,2010 Resolution#: By-laW#: Report#: CLD-011-10 File#: Subject: CREATION OF BUSINESS REGISTRY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-011-10 be received for information. Submitted by: Reviewed by: o~s~ Franklin Wu, Chief Administrative Officer PLB*LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1301 REPORT NO.: CLD-011-10 PAGE 2 1.0 BACKGROUND Council has requested that staff investigate the possibility of creating and maintaining a business registry within the Municipality. In 2000 the Municipal Act (the Act) was reorganized and updated and contained the ability for a municipality to license any form of business, trade or calling taking place within the Municipality, as well as the ability to create a Registry for any or all forms of businesses within the Municipality. The Registry was seen as an alternative approach for municipalities who did not wish to strictly regulate the businesses but wished to keep track of businesses operating within their boundaries. The section required the business to register and required the Municipality to keep the Registry up to date. There was a one-time fee for registration and no legislated requirement for the business to keep the information accurate and up to date. There was no health or safety advantage for the consumer as the Registry did not allow for the imposition of any business operating standards. Very few municipalities took advantage of this provision. The City of Barrie did use the Registry system for tracking day care facilities but only maintained it for a couple of years. Prior to 2007, this section of the Act was repealed and the actual licencing provisions were amended and relaxed to allow for a broader range of licencing. Municipalities now have two choices. The first is a voluntary Registry with no enforcement provisions to require businesses to participate. The second option is to impose a strict system of business licencing on all forms of commercial operations within the Municipality. 2.0 COMMENT A survey of other municipalities in the Province was unable to find anyone who had undertaken a full.,scale Registry of businesses within their municipality. A voluntary Registry would require businesses within Clarington to register with the municipality. Their information would be collected and maintained by the municipality. This would be on a voluntary basis only and there would be no penalty for a business which fails to register or, for those who do register, to keep their information current. In order for the municipality to maintain such a registry, a fee would be required to offset the cost of implementation. This fee would need to be low enough to encourage businesses to voluntarily register. The Registry could be made available to the general public upon request and through the municipality's web site, therefore businesses would have the benefit of their information potentially reaching a larger number of individuals than their advertising efforts alone would realize. 1302 REPORT NO.: CLD-011-10 PAGE 3 The second option would operate in a manner similar to the current trade licencing system in place in Clarington. This requires inspections of the premises or operators annually and carries strict enforcement provisions for licensees who fail to keep their information current. At present Clarington licenses only eight forms of business, ie, Auctioneers, Adult Entertainment Establishments, Body Rub Parlours, Mobile Sign Companies, Peddlers, Refreshment Vehicles, Taxis and Kennels. Staff have met with Sheila Hall, Executive Director of the Clarington Board of Trade (CBOT) to determine whether the Board is interested in the implementation of a Voluntary Registry and to seek their possible participation in the formation of one. Ms. Hall voiced concern that the Registry might be viewed by some members of the CBOT as possible interference by the Municipality in private enterprise and the fees required to support such a Registry would likely be seen as another form of municipal tax on the business community. Given that the registry system cannot include enforcement provisions, it is unlikely that local businesses would participate. In the end it was agreed that the scope of work involved in creating and maintaining a business registry was beyond both the capabilities of the municipality and CBOT and such a Registry would not be viewed favourably by many CBOT members. 3.0 CONCLUSION There is no pressing necessity on the part of the business community for a business registry. Given the effort required and the lack of enforcement ability, neither municipal staff nor the Clarington Board of Trade believe the business registry is required or desired at this time. 1303 ClarhJgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3, 2010 Resolution#: By-Iaw#: Report#: CLD-012-10 File#: Subject: 2010 Municipal Elections - Compliance Audit Committee RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-012-10 be received; 2. THAT the Terms of Reference for the Clarington Municipal Election Compliance Audit Committee, included as Attachment #1 to Report CLD-012-10, be adopted; 3. THAT the Clarington Municipal Election Compliance Audit Committee Rules of Procedure, included as Attachment #2 to Report CLD-012-10, be received for information; 4. THAT the Municipal Clerk be directed to place an ad in the local newspapers and on the Municipal Website, and contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services, and UOIT inviting applications for appointment to the Clarington Municipal Election Compliance Audit Committee; and 5. THAT the draft by-law attached to Report CLD-012-10 as Attachment #3 be approved by Council. Submitted by: Reviewed by: ~ . rankl;n Wu, Chief Administrative Officer f PLB/cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1304 REPORT NO.: CLD-012-10 PAGE 2 1.0 BACKGROUND The Municipal Elections Act, 1996, as amended, (the MEA) requires that every municipality appoint a compliance audit committee prior to October 1st, 2010. The mandate of the compliance audit committee is to: a) Consider requests for a compliance audit and determine whether the request should be granted or rejected; b) If the request is granted, appoint an auditor; c) Review the auditor's report and determine whether legal action should be taken; d) May commence a legal proceeding against the candidate for any apparent contravention; and e) If the auditor's report indicates that there were no apparent contraventions and if there appears that there were no reasonable grounds for the application, advise Council. Council would then decide whether or not to recover the auditor's costs from the applicant. 2.0 COMMITTEE STRUCTURE For the 2006 municipal elections, only one municipality in the Region of Durham appointed a compliance audit committee, being the Town of Ajax, and throughout the Province only a few municipalities chose to appoint a committee. While most municipalities chose to appoint committee members with an accounting or auditing background, due to the complexity of the election campaign finance rules, in structuring its Committee, the Town of Ajax considered the scope of the Committee and the desired skill set necessary to properly execute their duties. In so doing, the Town appointed a former police detective, a former bank manager and a professor of Political Science to their committee. To ensure impartiality, some municipalities require their compliance audit committee applicants to agree in writing that they will not be filing a nomination paper for an office in the municipality for which their appointment will be serving and that they will not be conducting an audit for any nominated candidate for an office in the municipality for which they will be serving. With the amendment to the MEA, 444 municipalities as well as all of the various school boards, and several upper-tier municipalities will now be seeking applicants to appoint to their compliance audit committees. This may result in competition for qualified candidates. The competition will be even greater when one factors in the conflicting interests between appointments to these Committees and the need for accountants and auditors to work on the financial statements for all candidates running for offices across the province. In consideration of the compliance audit committee requirement, staff have discussed committee structure options with Clerks and election staff within Durham Region to explore our options. The Act provides that the compliance audit committee must consist of a minimum of three members to a maximum of seven members. Initially the majority of the Clerks within the Region supported the concept of a "joint" committee, as it would 1305 REPORT NO.: CLD-012-10 PAGE 3 provide for consistency. After much consideration, it was concluded, however, that the benefits of the "joint" approach for the southern municipalities in the Region, did not outweigh the benefits of independent municipal committees. A joint committee would most likely result in logistic challenges in appointments, increased costs, and intensify the challenge of finding impartial applicants. The three northern municipalities, Brock, Uxbridge, and Scugog, however have adopted a "joint" committee approach. It is recommended that the Clarington Municipal Election Audit Compliance Committee, consisting of three members, be established. The recruitment process, selection criteria, Terms of Reference, and compliance audit procedure are outlined below. 3.0 RECRUITMENT OF COMPLIANCE AUDIT COMMITTEE MEMBERS Staff consulted other municipalities who previously appointed compliance audit committees and have concluded that the recruitment process for committee members varies. In all cases, minimum qualifications were defined. Most municipalities posted an advertisement soliciting applications, staff provided Council with all of the applications meeting the minimum qualifications, and Council made the appointments. In other cases, staff sought out suitable candidates and reported to Council with recommendations for appointments. To ensure a fair, open and transparent process, staff recommends that the recruitment process for Clarington's Municipal Election Compliance Audit Committee include an advertisement in the local paper, and on the municipal website detailing the selection criteria. Additionally, staff will contact the Institution of Chartered Accountants of Ontario; the Law Society of Upper Canada; Durham Regional Police Services; and UOIT. It is also recommended, at the close of the application period, that all applications be forwarded to Council for consideration, selection, and appointment. The following selection criteria are recommended: a) Demonstrated knowledge and understanding of municipal election campaign financing rules; b) Proven analytical and decision-making skills; c) Experience working on committees, task forces or similar settings; d) Demonstrated knowledge of quasi-judicial proceedings; e) Availability and willingness to attend meetings; and f) Excellent oral and written communication skills 4.0 REMUNERATION Staff are recommending a retainer fee of $200 for each of the three committee members and a per diem rate of $250 plus mileage for attending meetings. While many municipalities have yet to finalize their committee structure and processes at the time of writing this Report, staff are satisfied that these rates are in line with other municipalities such as the Towns of Ajax, Whitchurch-Stouffville, and City of Toronto, Oakville and London; whose rates vary from $100 to $350. 1306 REPORT NO.: CLD-012-10 PAGE 4 Other committees of Council in Clarington who receive pay are the Committee of Adjustment and the Property Standards Committee. Although the remuneration for these committees is significantly lower, staff believe that, given the recommended qualifications to sit as a compliance audit committee member and the rates paid by other municipalities, the recommended remuneration is fair and reasonable. 5.0 TERMS OF REFERENCE The mandate for the compliance audit committee is outlined in section 81 of the MEA. The term of the Committee is the same as the term of office of Council (2010 - 2014). While the last day for compliance audit requests for the December 31, 2010 reporting period is June 23, 2011, a by-election could result in the need for the Clarington Municipal Election Compliance Audit Committee to sit during the term of Council. The Municipal Clerk'will act as the main contact between the Clarington Municipal Election Compliance Audit Committee and Council. Staff administrative support to the Committee would be supplied by the Municipal ~Ierk's Department. A detailed Terms of Reference for Clarington's Municipal Election Compliance Audit Committee is included as Attachment 1 to this Report. 6.0 COMPLIANCE AUDIT PROCESS The MEA requires all candidates to file with the Municipal Clerk a financial statement (on the prescribed form) reflecting the candidate's election campaign finances. Any eligible elector who is entitled to vote in an election may apply for a compliance audit of a candidate's election campaign finances where they believe that a candidate has contravened a provision of the MEA. The application for a compliance audit shall be made to the Municipal Clerk (or the secretary of the local board), it shall be in writing and it shall set out the reasons for the elector's belief that the candidate has contravened the MEA and must be made within 90 days after the latest of: (a) the statutory filing date for the candidate's financial statement; (b) the candidate's supplementary filing date, if any; (c) the filing date for the final financial statement under section 79.1; or (d) the end of the candidate's extension for filing granted under subsection 80(4); if any. The Municipal Clerk shall forward the application to the committee within 10 days of receipt and provide a copy to the councilor local board. The Committee must consider the application and make a decision within 30 days after receiving the application from the Municipal Clerk as to whether it should be granted or rejected. 1307 REPORT NO.: CLD-012-10 PAGE 5 The decision of the Committee may be appealed to the Ontario Court of Justice within 15 days after the decision is made and the court may make any decision the Committee could have made. Where the application for a compliance audit has been approved, the Committee shall, by resolution, appoint an auditor to conduct a compliance auditor. Only auditors licensed under the Public Accounting Act, 2004, or other "prescribed persons" may be appointed as auditors. The auditor shall promptly conduct the audit, determine whether the candidate has complied with the provisions of the Act as they relate to election campaign finances, prepare a report outlining any apparent contraventions of the Act, and submit the report to the candidate, Council, Municipal Clerk, and the applicant. Within 10 days of receiving the auditor's report, the Municipal Clerk shall forward the report to the Compliance Audit Committee. The Committee shall consider the auditor's report within 30 days and may: . Commence a legal proceeding against the candidate if the report concludes that the candidate appears to have contravened a provision of the MEA relating to the election campaign finances, and . Make a finding as to whether there were reasonable grounds for the application if the report concludes that the candidate did not appear to have contravened a provision of the MEA relating to election campaign The Act requires the Municipal Clerk to establish administrative practices and procedures for the Committee to carry out their duties. Attachment #2 to this report is a copy of Rules of Procedure for the Compliance Audit Committee as established by the Municipal Clerk based on the recommended Committee Terms of Reference. Should Council amend the draft Terms of Reference attached to this report, the Municipal Clerk will make any necessary/appropriate modifications to the administrative procedures. 7.0 FINANCIAL IMPLICATIONS: The Municipality is responsible for any costs resulting from the review of applications submitted to the Municipal Election Compliance Audit Committee. These costs include: . Committee members' retainer (recommended $200/member) . Committee members' per diem (recommended $250/member) . Committee member mileage (recommended rate as per Municipality's standard rate) . auditor's costs to perform an audit . costs related to the Committee's operations and activities (i.e. copying, postage, etc.) . legal costs related to an appeal to the Ontario Court of Justice with respect to a decision of the Committee 1308 REPORT NO.: CLD-012-10 PAGE 6 · legal costs to undertake legal action against the candidate for violations of the elections finance provisions of the MEA Note, while the Municipality is responsible for paying the auditor's costs of performing the audit and all costs in relation to the Committee's operation and activities, where the auditor's report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application, Council is entitled to recover the auditor's costs from the applicant. Initial recruitment and set-up costs are anticipated to be approximately $1000 which would cover the advertising costs and incidentals. These costs would be charged to the 2010 Municipal Election budget. Any costs incurred for a compliance audit during the Term of Council (2010-2014) would be charged to the Municipal Election reserve. These costs are difficult to estimate although, because they depend entirely on the unforeseen volume of applications. 8.0 ATTACHMENTS: Attachment 1 - Committee Terms of Reference Attachment 2 - Rules of Procedure Attachment 3 - Draft By-law 1309 Attachment No. 1 to Report CLD-012-10 MUNICIPALITY OF CLARINGTON Compliance Audit Committee Terms of Reference 1. LEGISLATIVE REQUIREMENT Section 81.1 of the Municipal Elections Act, 1996, as amended states: Compliance Audit Committee (1) a councilor local board shall, before October 1 of an election year, establish a committee for the purposes of section 81. Composition (2) The committee shall be composed of not fewer than three and not more than seven members and shall not include, a) employees or officers of the municipality or local board; b) members of the council or local board; or c) any persons who are candidates in the election for which the committee is established. Term of Office (3) The term of office of the committee is the same as the term of office of the councilor local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. Role of clerk or secretary (4) The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee and shall carry out any other duties required under the MEA to implement the committee's decisions. Costs (5) The councilor local board, as the case may be, shall pay all costs in relation to the committee's operation and activities. 2.0 MANDATE The powers and functions of the Committee are set out in Section 81 of the Municipal Elections Act, 1996, as follows: 1. Review any applications of a compliance audit of any candidate who ran for election to the Municipality of Clarington Council, if the application was received in accordance with the legislative requirements. 1 Attachment No. 1 to Report CLD-012-10 2. Within 30 days of receipt of an application requesting a compliance audit, the Committee shall consider the compliance audit application and decide whether it should be granted or rejected. 3. If the application is granted, the Committee shall appoint an auditor licensed under the Public Accounting Act, 2004, or other prescribed person, to conduct a compliance audit of the candidate's election campaign finances. 4. The Committee will review the auditor's report within 30 days and may, a. If the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention; b. If the report concludes that the candidate does not appear to have contravened a provision of the Act relating to election campaign finances, make a finding as to whether there were reasonable grounds for the application. 3.0 TERM The Committee shall be established before October 1 of an election year. The Term of Office for the Committee is the same as the Term of Office of Council (December 1 of a regular election year to November 30, of the next regular election year). 4.0 COMPOSITION The Committee shall consist of three (3) members appointed by Council. The following persons are not eligible for appointment to the Committee: . Employees or officers of the Municipality of Clarington . Members of Council . Any candidates in the election for which the Committee is established Should an appointed Member accept employment with the Municipality or register as a candidate with the Municipality, their appointment will be terminated. All Committee Members must agree in writing that they will not work/volunteer for any candidate, provide advice to, prepare or audit the election financial statements of any candidate for office on the Municipality of Clarington's Councilor become a candidate in the 2010 Municipal Elections and any by-elections during Council's term. 2 Attachment No. 1 to Report CLD-012-10 5.0 CHAIR At the first meeting of the Committee, the Municipal Clerk shall call the meeting to order and the first order of business shall be the selection of the Chair. The Committee shall select a Chair from among its membership. 6.0 PROPOSED MEETING SCHEDULE The Committee shall meet as needed with meetings to be scheduled by the Municipal Clerk, in consultation with the Chair, when a compliance audit application is received. 7.0 STAFFING AND FUNDING Staff from the Municipal Clerk's Department shall provide administrative support to the Committee. The Municipality of Clarington shall be responsible for all associated expenses. 8.0 MEETINGS Meetings of the Committee shall be conducted in accordance with the open meeting requirements of the provisions in the Municipal Act, 2001, as amended. The Clarington website will be used to communicate the meeting notices, agendas, and minutes. Committee meetings shall generally be held in the Clarington Municipal Administrative Centre, although meetings may occasionally be held elsewhere in the Municipality of Clarington if deemed necessary or appropriate by the Chair, and at the agreement of the Committee members. Meetings shall generally be held during the regular business hours of the Municipality of Clarington. 9.0 REMUNERATION $200 - Retainer fee (includes compensation for review of any background materials) $250 - Per diem rate, plus mileage 10.0 MEMBERSHIP SELECTION The recruitment process shall include an advertisement in the local paper, and on the municipal website detailing the selection criteria. Additionally, staff will contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services, and UOIT. All applicants will be required to complete an application form outlining their qualifications and experience. 3 Attachment No. 1 to Report CLD-012-10 All applications will be forwarded to Council for consideration and appointment. 10.1 Selection Criteria The following criteria will be considered when appointing members: · Demonstrated knowledge and understanding of municipal election campaign financing rules; · Proven analytical and decision-making skills; · Experience working on committees, task forces or similar settings; · Demonstrated knowledge of quasi-judicial proceedings; · Availability and willingness to attend meetings; and · Excellent oral and written communication skills. 11.0 CONFLICT OF INTEREST Members of the Committee must abide by the Municipal Conflict of Interest Act. Members shall not use their status on the Committee for personal or political gain. Committee members shall have regard for the Corporate Policy addressing the use of corporate resources during an election year. 12.0 COMPLETION CRITERIA The mandate of the Clarington Municipal Election Compliance Audit Committee will be considered complete at the end of each four-year term of Council, at which time, a successor committee shall be appointed. 4 Attachment NO.2 to Report CLD-012-10 CLARINGTON Municipal Election Compliance Audit Committee Rules of Procedure BACKGROUND At its meeting of., The Municipality of Clarington passed By-law 2010-~~ thereby establishing the Municipality of Clarington Compliance Audit Committee for the 2010- 2014 Term, consisting of three members in accordance with Sec. 81.1 of the Municipal Elections Act, 1996, as amended. In accordance with Sec. 81.1 (4), the Rules of Procedure have been established by the Municipal Clerk of the Municipality of Clarington to ensure that the Clarington Municipal Election Compliance Audit Committee may be able to fulfill its duties and responsibilities in a fair, open and responsible manner. 1. Definitions: As used in this procedure, the following terms shall have the meanings indicated: a. Application - An application accepted by the Municipal Clerk pursuant to s. 81 (2) of the Municipal Elections Act, 1996. b. Candidate - The Candidate whose election campaign finances are the subject of an application for a compliance audit. c. Chair - The Compliance Audit Committee Chair selected under s. 5 of this bylaw. d. e. f. g. 2. Rules: Committee - Clarington Municipal Election Compliance Audit Committee. Council - The Council of the Municipality of Clarington. MEA - The Municipal Elections Act, 1996, as amended. Secretary - The Municipal Clerk for the Municipality of Clarington. The rules in this procedure shall be observed in all meetings of the Committee. 1 Attachment No.2 to Report CLD-012-10 3. Matters not dealt with in the rules of procedures: If these rules do not provide for a matter of procedure that arises during a meeting, the practice shall be determined by the Chair and the Chair may do whatever is necessary and permitted by law to enable the Committee to effectively and completely adjudicate on the matter before it. 4. Meetings: The Committee shall meet at the request of the Secretary. The Secretary shall summon a meeting of the Committee when requested to do so in writing by a majority of the Committee members. Meetings of the Committee shall be held at Municipal Offices or such other location, as the Secretary deems appropriate. Committee meetings shall commence at a time and date to be set by the Secretary, and shall be adjourned on a vote of the Committee. Attendance of all Committee members constitutes a quorum at meetings of the Committee. Meetings of the Committee shall, subject to the exceptions found in the Municipal Act, 2001, as amended, be open to the public. The applicant, the Candidate and, where applicable, the auditor shall be given an opportunity to address the Committee. Addresses to the Committee shall be no more than five minutes in length. 5. Committee Chair: At the first meeting of the Committee, the Municipal Clerk shall call the meeting to order and the first order of business shall be the selection of the Chair. The Committee shall select a Chair from among its membership. If the Chair of the Committee resigns as a member of the Committee or resigns as the Chair of the Committee, the Committee shall appoint another member as Chair for the balance of the term of Council. The Chair is the liaison between the members and the Secretary of the Committee on matters of policy and process. The Chair shall enforce the observance of order and decorum among the Committee members and the public at all meetings. 2 Attachment NO.2 to Report CLD-012-10 6. Delegation by Committee Secretary: The Secretary of the Committee may delegate administrative responsibilities to a Deputy Secretary. 7. Agenda: Before each meeting the Secretary shall provide an agenda to each member of the Committee. The agenda shall include a copy of any written submissions made by the applicant or the Candidate. The first matter of business on each agenda shall be the declaration of any conflict of interest. A copy of the agenda shall also be published on the Municipality of Clarington website. 8. Lack of Quorum: If no quorum is present thirty minutes after the time fixed for a meeting of the Committee, or the resumption of a meeting after an adjournment, or should a quorum at a meeting be lost for a period of thirty consecutive minutes, the Secretary shall record the names of the 'members present and the meeting shall stand adjourned until the next regular meeting day scheduled by the Secretary. 9. Committee Procedures: a) Order of Business The Order of Business for the Agenda shall be as follows: Meeting Called to Order Disclosure of Pecuniary Interest Adoption of Minutes Matters of Business Opening Statement Delegation - Applicant Delegation - Candidate, Agent, Witness Committee Deliberation Adjournment Where the agenda includes consideration of more than one Application, each application will be dealt with by the Committee in its entirety before consideration of the next Application. 3 Attachment NO.2 to Report CLD-012-10 b) Questions to Delegations The Committee may, through the Committee Chair, ask questions of the applicant, candidate or any other delegation speaking to an Application. c) Rules of Debate (1) Order of Speakinq - When two or more Committee members wish to speak, the Chair shall designate the member who first requested to speak as the member who speaks first. (2) Questions - A Committee member may ask a question only: (a) of a member who has already spoken on the matter under discussion; (b) of the Chair; (c) of an official of the Municipality of Clarington; and (d) of any other person addressing the Committee pursuant to this Bylaw, or (e) for the purpose of obtaining information relating to the matter then under discussion. (3) Votinq: a. Every Committee member present at a meeting of the Committee when a question is put shall vote on the question, unless prohibited by statute, in which case the fact of the prohibition shall be recorded in the minutes of the meeting. b. The matter put to a vote shall be in the form of a motion addressing the matter then under consideration. c. In the case of a tie vote, the motion or question shall be deemed to have been lost. 4 Attachment NO.2 to Report CLD-012-10 (4) Motions: a. All motions must be introduced by a mover and seconder before the Chair may put the question or motion on the floor for consideration. If no member seconds the motion, the motion shall not be on the floor for consideration and therefore it shall not be recorded in the minutes. b. Any Committee member may propose a motion on the matter then under consideration which the Clerk shall record in writing. c. After a motion is properly moved and seconded, it shall be deemed to be in the possession of the Committee, but may be withdrawn by the mover at any time before decision. d. A motion to amend shall relate to the subject matter of the main motion, shall not be received posing a direct negative to the question, and shall be put to vote in reverse order in which the amendments are made. Only a motion to amend an amendment to the original motion shall be allowed and any further amendments must be made to the original motion. 10. Notice: Public notice shall constitute posting the Agenda on the Municipal Website. The Secretary shall give notice of a Committee meeting to the Committee by way of email, telephone or in writing by mail, as deemed appropriate. Where an Application will be considered at a meeting, the Secretary shall give reasonable notice in writing, by mail, and by telephone to the applicant and candidate of the time, place and purpose of a meeting and of the fact that if either party fails to attend the meeting the Committee may proceed in the party's absence and the party will not be entitled to further notice in relation to the meeting. The written notice shall include the content of the Application. The Candidate may respond to the Application in writing. A written response shall be submitted to the Secretary a minimum of two days prior to the Committee meeting at which the Application will be considered. The Secretary will forward notice of the Committee's decision to the applicant and the Candidate at the mailing address provided to the Secretary as required by this procedure. 11. Committee decisions under MEA: In accordance with s. 81 (3) of the MEA, within 30 days of receipt of the Application, the Committee will decide whether to grant or reject the Application. 5 Attachment NO.2 to Report CLD-O 12-10 If the Committee decides to grant the Application it shall, by resolution, appoint an auditor licensed under the Public Accounting Act, 2004 to conduct a compliance audit of the Candidate's election campaign finances. At the request of the Committee, the Secretary may assist the Committee in locating and contacting available auditors to undertake the audit. In accordance with s. 81 (1 0) of the MEA, within 30 days of receipt of an auditor's report, the Committee will consider the report and may commence a legal proceeding against the candidate for any apparent contravention of a provision of the MEA relating to election campaign finances. 12. Grant Exceptions from Procedures: The Committee may waive any rule of procedure in this procedure, as it considers appropriate, to ensure that the real questions in issue are determined in a just manner. 14. Minutes: The Secretary shall prepare minutes of each meeting of the Committee and shall provide members with a copy of the minutes, as soon as the minutes are available. The Committee members shall each review and sign the minutes, to confirm that the minutes reflect the Committee's actions. 6 Attachment NO.3 to Report CLD-012-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 201 O-xxx Being a By-law to establish a Clarington Municipal Election Compliance Audit Committee for the 2010-2014 Term WHEREAS section 81.1 of the Municipal Elections Act, 1996, as amended, (the Act) requires the Council to establish a Compliance Audit Committee, before October 1, 2010, for the purposes of section 81 of the Act; and WHEREAS the Municipality of Clarington is committed to ensuring a consistent, open and transparent process for receiving and processing compliance audit applications, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. A Compliance Audit Committee consisting of three (3) members be established as per the Terms of Reference attached to and forming part of this by-law as Attachment 1. 2. The Compliance Audit Committee shall carry out its mandate and duties in accordance with the Rules of Procedure as established by the Municipal Clerk. BY-LAW read a first, second and third time and finally passed this day of May, 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1320 Clar.ington REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3,2010 Resolution#: By-laW#: N/A Report#: CLD-013-10 File#: Subject: 1st QUARTER PARKING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-013-10 be received; and 2. THAT a copy of Report CLD-013-10 be forwarded to the Bowmanville Business Centre for their information. Submitted by: ~~~~ Reviewed by: U Franklin Wu, Chief Administrative Officer e, CMO Municipal Clerk PLB/kb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1321 REPORT NO.: CLD-013-10 PAGE 2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the months of January, February and March 2010 and is provided herein for the information of Committee and Council. Attachments: Attachment 1 - Parking Report for the 1 st Quarter of 2010 1322 PARKING ENFORCEMENT QUARTERLY REPORT #1 - 2010 ATTACHMENT #1 to Quarterly Parking Financial Report Tickets issued AGENCY Quarter 1, Year to date Year to date Year to date . 2009 2008 P.E. Officers Police Public Works Group Four Aspen Springs 243 Kina St. Securitas ProSecurity Fire Services 1,502 25 o 38 3 o o 4 o 15 1,587 1,502 25 o 38 3 o o 4 o 15 1,587 1,626 14 o 22 6 o o 9 o 6 1,683 1,261 2 3 34 14 o o 8 o o 1,322 CLOCA TOTAL TS""~""_"';C'~'.l';;l"~~::r~~:;"......,"".~~---.t''''''';?~''"''''.'e''"'~~~>- -, ~ , r ^" ~ ~ ~ ~..~~~~""","..........."""..""",,:..~..;.:'.,d...L...,,~~~............;;......~",,~-"w_~""~"'''''''''~_''_''''-''~_.....~--~><--, ...,.,~ ~....., ", _.'""---........"'''--~''"'~ REVENUE Meters Permits Fines MTO Charaeback(Expense) TOTAL REVENUE $17,808.50 $1,813.65 $21,358.00 $2,556.75 $38,423.40 $17,808.50 $1,813.65 $21,358.00 $2,556.75 $38,423.40 $15,917.00 $514.00 $20,913.00 $2,970.00 $34,374.00 $14,104.50 $864.45 $15,930.00 $1,311.75 $29,587.20 ,- ;' " '.......~~~~.~.....".,~~~~~"'~~_~~....."'~...;..)i,.,.....,.,.",'"""'"~.io.b".""..............._~_.......,"'_ ~"'~---<~ ,,---~~ -- ~. "--""..... 1 ST APPEARANCES Total conducted # Tickets disputed # Tickets cancelled # Requests for trial # Tickets upheld 23 23 40 21 24 24 45 22 20 20 35 13 2 2 2 0 4 4 10 9 1323 Clarlngton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3, 2010 Resolution#: By-laW#: . Report#: CLD-014-10 File#: Subject: NEWCASTLE/BOND HEAD RATEPAYERS' ASSOCIATION CONCERNS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-014-10 be received; 2. THAT methods of deterring Canada Geese in municipal parks be investigated for inclusion in the 2011 budget deliberations; and 3. THAT Ken Willis, Secretary, Newcastle/Bond Head Ratepayers' Association be advised of Council's decision and forwarded a copy of Report CLD-014-10. Submitted by: ~ Reviewed by: o~~.~ Franklin Wu, Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1324 REPORT NO.: CLD-014-10 PAGE 2 1.0 BACKGROUND At a recent meeting, correspondence was received from Ken Willis, Secretary, Newcastle/Bond Head Ratepayers' Association wherein he submitted the following requests for Council's consideration: 1. Is it possible to pass a by-law to stop the feeding of geese at Bond Head Beach? 2. Requesting that a sign be posted at Bond Head Beach to discourage the feeding. 3. They are disappointed that there are no plans in the near future for a disposal site for household hazardous waste, stating that this lack of a plan does not meet the requirements of their residents. 4. Requesting a meeting with appropriate staff to discuss additional tree planting on Mill Street. 2.0 CANADA GOOSE CONTROL The Municipality passed By-law 2006-126 in June 2006 which regulates, protects and controls all public parks within the municipality. Section 8 of this by-law states: "8. Protection of Wildlife No person shall in any park: (a) kill, attempt to kill, maim, injure, trap or disturb any animal, bird, waterfowl, fish, worms, or other wildlife; or (b) touch, injure or remove any nest or egg there from; or (c) feed any waterfowl." Since receiving Mr. Willis' letter, signs to discourage people from feeding the birds have been erected at Bond Head Park. There are some strategies available to the municipality should it be determined that the geese are becoming a nuisance at this or any other park. By mid-April, most female geese are sitting on their nests. Preferred sites are near water, such as small inlands, and the shorelines of ponds and wetlands. Given that geese prefer good visibility to detect predators and feed in open areas with clear flight access to ponds, lakes or marshes, natural barriers of trees, brush and shrubs can be created between the cultivated land and the wetlands. 1325 REPORT NO.: CLD-014-10 PAGE 3 Scare techniques can be used to discourage nesting and feeding as soon as the geese arrive in the spring. Techniques include noisemakers such as propane canons and sirens, visual deterrents such as scarecrows, mylar flags, and helium-filled balloons, strobe lights, recorded distress calls and the use of trained dogs and birds of prey. In researching this matter, staff contacted Bright Wings, a company that has been scaring nuisance birds for the past ten years. Through the use of birds of prey and a dog, the owner harasses the geese until they learn to vacate the site. Bright Wings has been using this method very successfully with the City of Pickering and Miller Waste for the past number of years. It is anticipated that this option of control would cost the municipality approximately $650 per week until the end of October, for a total cost of approximately $15,500. Adult geese with goslings can be kept away from designated areas with temporary barriers such as low fences marked with "Birdscare-Flash-Tape", fluttering strands of shiny Mylar tape or other highly visible matter. The barrier would be placed at goose and gosling height between the water and the area to be protected. Adults can fly over the barrier, but goslings will not follow and the adults will not leave their goslings behind. Once geese have successfully established a nest, it is illegal to destroy it or the eggs. Upon obtaining a permit from the Canadian Wildlife Service, the eggs can be sterilized by coating them with non-toxic vegetable or mineral oil, or the eggs can be shaken to destroy the developing embryo. The goose will continue to incubate her eggs beyond the normal hatching date and will not re-nest. The issue of Canada Goose deterrence was not contemplated earlier and is therefore not included in the 2010 budget. Should it be Council's desire to implement any of the above measures to deter the geese, it is recommended that it be considered during the 2011 budget deliberations. 3.0 HOUSEHOLD HAZARDOUS WASTE Information received from the Regional Municipality of Durham with respect to the household hazardous waste is that there was no provision for the depot in the 2010 budget. It is anticipated to be up and running in 2013. The Energy- From-Waste (EFW) Host Community Agreement contains a commitment that the hazardous waste depot has to be in place within one year of the commissioning of the EFW. The EFW is not anticipated to start-up until 2013. 1326 REPORT NO.: CLD-014-10 PAGE 4 4.0 MILL STREET TREE PLANTING The Regional Municipality of Durham has confirmed that the Mill Street reconstruction project is now complete and no additional tree planting or streetscaping is going to be completed in accordance with the contract. Regional staff have been in contact with Mr. Willis and advised him of this and suggested that he speak with the contractor with a proposed plan. 1327 .. Uaringron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3, 2010 Resolution#: By-laW#: Report#: CLD-015-10 File#: Subject: INSTALLATION OF "DEAF CHILD" SIGN RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-015-10 be received; 2. THAT the request for the installation of "Deaf Child" signs be denied; and 3. THAT Lisa Janveaux, Community Advantage Rehabilitation Inc., and Colleen Hynes be advised of Council's decision. Submitted by: Reviewed by: d~~ l-R Franklin Wu, Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1328 REPORT NO.: CLD-015-10 PAGE 2 1.0 BACKGROUND In the fall of 2009, a request was received from Community Advantage Rehabilitation Inc. on behalf of Colleen Hynes, for a "Deaf Child" sign to be posted on her street. This request was referred to the Clarington Accessibility Advisory Committee (AAC) for consideration. 2.0 COMMITTEE RESPONSE In consideration of this matter, the AAC reviewed documentation from the Ontario Traffic Conference (OTC), which is attached hereto as Attachment NO.1. This documentation indicates that most municipalities and the Province do not recommend such signage and are not planning to introduce them. The Canadian Hearing Society and the CNIB have indicated that they are not in favour of the signs being installed. In discussing the issue, the Committee was of the opinion that signs indicating a child with any type of disability may give the child a false sense of security, are generally disregarded by motorists, residential areas are where children can be expected and all motorists should drive the same way through these areas whether there is disabled or non-disabled children in the area, and the signs may alert predators to the fact that there are vulnerable children in the area. Prior to making a decision on the matter, however, the Committee requested comments from the Clarington Traffic Management Committee and Community Living. The Traffic Management Committee considered this matter at their February meeting; the following is an excerpt from the minutes of the meeting: "Request for Deaf Child Signs-handout from Jan. mtg.-(Ron Baker) The Region stated that these non-uniform warning signs have not been shown effective. Some states that previously supported them are now having them removed. Ajax is removing theirs. Members wanted to see a reduction in the number of signs suggesting that a proliferation renders each sign less effective. The following motion was proposed: THAT: "The CTMAC not support the request for this Deaf Child sign or other signs for individual persons with disabilities". MOVED: by Lisa Robinson; SECONDED by David Reesor CARRIED" 1329 REPORT NO.: CLD-015-10 PAGE 3 Written comments were not received from Community Living with respect to this matter. 3.0 CONCLUSION Given the response from the Ontario Traffic Conference and the resolution of the Clarington Traffic Management Committee, it is respectfully recommended that the request for the installation of "Deaf Child" signage be denied. 1330 Attachment No. 1 to Report C LD-O 15-1 0 20 Cartton St. #121 ToroMo, Ontwfo MlIH5 PhoM; 4*~138 Fax 4J.6..98-0449 e.....: . traffk:eotc.org Web tit&: www.otc.org Ontario Traffic Conference May 3. 2006 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls. ON L2E 6X5 Att.ntlon: M. Carrick, Manager of Tr!llffle Operations Re: Standardl~atio" of Oiaabled Child Warnfng Sign The Ontario Traffic Conference Traffic Engineering Committee submits our findings in response to your request/questions: 1) For information and/or research regarding current practice and policies used by Municipalities with respect to installing Disabled/Handicapped Child at Play warning signs. 2) Are there any plans for the inclusion of Disabled/Handicapped Child at Play warning sings in the Ontario Traffic Manual of the Canadian Manual of Uniform Traffic Control Devices? 3) Does the OTC Traffic Engineering Committee endorse the Disabled or Handicapped Child at Play warning signs? FINDINGS 1) Current practices and pOlicies A limited telephone survey of similar size (to Niagara Falls) Of larger Ontario Municipalities was undertaken. The results of the survey are shown in Table 1. A survey of TOMSC members was undertaken whereby a limited number of municipalities or provinces responded. In April 2005. the Municipality of Chatham Kent Council approved the following motion: 'Council formalize the policy of not endorsing or supporting the installation of Child Warning signs with the Municipality of Chatham-Kent" A copy of Chatham~Kent's report to Council is attached for your information. A discussion with a member of the American National Committee on Uniform Traffic Control Devices (NCUTCD) committee revealed thlit !'iIny reference to handicapPl9d or disabled ohild warning signll has been removed from the manuals and therefore. not supported by the eommittee. .. ./2 1331 .2- 2) Inclusion of Disabled Children signs In aTM or MUTeD manuals It is the Traffic Engineering Committee's understanding that there are no plans at this time to include the Disabled/Handicapped Child at Play warning sign in either the Ontario Traffic Manual or the Canadian Manual of Uniform.Traffic Control Devices. 3) OTC - Traffic Engineering Committee's Position The Traffic Engineering Committee after reviewing available data and having many discussions rationali~ed that one must take into account the driver's reaction to Disabled/Handicapped signing. The reality is that residential areas are where children can be expected and we want motoriats to drive the same way through these areas whether there is a disabled or non~dlsabled children In the area. Therefore, on this basis alone combined with the lack of any tangible evidence that "Disabled" warning signs are effective, the Traffic Engineering Committee does not support this type of signing. In closing, on behalf of the OTe and the Traffic Engineering Committee, please accept my apologies for not providing a response to your questions before now. If you have any questions or require clarification of the contents of this letter, please contact Blair Anderson at 416282-9792. ~+- Steve MacRae, CET .. . Secretary. Traffic Engineering Committee Attachments: Table 1- OTC Municipality Survey Summary Table 2 - TOMSC Summary of responses Chatham Kent Report to Council cc: TEe Committee OTC Office 1332 Table 1 - OTC Traffic Engineering Committee Disabled/Handicapped Children at Play Warning Signs Municipal Survey Summary Sign Type Policy - Council Dirtx:tionlPolicy Guidelines - Requests from residents, children to be 12 years or younger with medical approvaL - Residents must notify City when moving. Only have "Deaf' signs. Note: School for blind in Brantford did not want signs indicating blind children. - No Charge - No Policy - Respond to request from residents. - No Policy - Respond to requests from residents YellowlBlack "Caution Deaf Child Zone' geared at ge~ric child not specific Policy approved by Council Application with $100 fee. No Charge for special needs families - residents No Policy Respond to requests from - No Policy Respond to requests from residents Locate double sided sign in front of home - Deaf/Blind Child Signs Yellow/Green "Disabled Child Playing in Area " YeHow/Green with blue letters/design "Drive slowly. . . Think of Us" Yellow !Black warning Blind/DeafChild at Play Yellow/Black worded Deaf/Blind Child at Play Yes - Yes 5 locations - Yes 3 (up to 20) Locatrons Yes 3 locations No. of Signs Locations 5 Use of S~s No Yes Municipality '----.. Barrie, 110,000 kffSharp 7QS 739-4220 Brantford, 80,000 Norma Wood 519759-1350 Burlington, John Crass Cambridge, 100,000 Anna McKee 519 740-4682ext: 454 Fort Erie, 30,000 Cad,a Stout 905,871-1600 115,000 Guelph, 100,000 JoatJ!l1le Starr 51'9 :1137-5604 ext: 10 to i5 locations Yes 2278 Hamilton, 400,000 Leanne Ryan ..... w w w No Policy Respond to requests from residents No charge Do not install Autistic child signs No Policy Respond to requests [rom residents No Charge Request to be advised when the special needs family moves No Policy Respond to requests from residents - YeHow/Black "Deaf/Blind Child at Play" 2'0 Locations No Yes Kitcbener, 175,000 Stepbanie Brassuer 519741-1373 London, 350,00'0 Jim Honsberger 519 66 ]-1500 YeHow/Black "Handicapped Child at Play" locations 5 1 Yes -.. Mississauga,685,OOO Stcve MacRae 905 '615-3200 ex:t: 3824 Yellow/Black '<Deaf Child" signs 6 locations Yes -- No Policy Looking at signs for Autism Respond to requests from residents Service clubs pay for signs and installation Testing signs for "Autistic Child at Play' - - Y cUow/Black Hearing Impaired Signs Y cHow/Black Deaf/Blind Child at Play locations 2'0 locations 3 Yes No Yes No No No --~- Niagara Region Petcr Vuji:c 905 685-1571 Oakville, BO~OOO Adam Bell 9'05845-660 1 Oshawa, BQ~OOO Rhonda Cnmdy 905 436-5636 Ext: 1281 Peterborough, 80~OOO Samia,75,000 Rob McRegor 519332-0330 Ext: 292 Waterloo, 1 :OO,O(}O Joe Ribic 519 747-8'626 Whitby, 100,00'0 Sm~anne Beale 90S 430-43'01 ...... w w ~ Table 2 - OTC Traffic Engineering Committee Disabled/Handicapped Children at Play Warning Signs TOMSC - Summary of Responses In Manual Yes 16 Policy - Hearing/visually imp?ired children - Signs removed if child relocates or reaches age - Medical Certificate required No Sign Type Use of Signs Yes Responding Jurisdiction Province of Nova Scotia No No Yes Yes Hearing/visually impaired children Medical Certificate required. Hearing/visually impaired children Application form required F or children up to 11 years old - Yellow warning with "Deaf Child" or "Blind Child' text and a 30 kmJh advisory speed limit. No No Yes Yes - Province of Quebec Province of Saskatchewan Regional Municipality of HaIimx, Nova Scotia City of Regina, Saskatchewan Hearing impaired children Medical Certificate required - Yes - City of Surrey, British Columbia ...... w w (]I MUNICIPAUTY OF CHATHAM-KENT INFRASTRUCTURE AND ENGINEERING SERVICES ENGINEERING AND TRAFFIC DIVISION f.bn~q~ TO: FROM: Mayor and Members of Council Stephen E. Jahns, P.Eng. Manager, Infrastructure and Traffic Engineering and Traffic. Division, April 01 , 2005 DATE: SUBJECT: Review of Current Engineering- and Traffic DMslon Practices Surrounding the Installatron of Child Waming Signs Municipality of Chatham-Kent ~ECOMMENDA liON: It is recommended that: 1. Council fonnalize the 'POlicy of not endorsing or supporting the Installation of Child Warning Signs within the Municipality of Chatham-Kent. BACKGROUND On average, Engineering and Traffic Division of the Municipality of Chatham-Kent receives between four and ten requests for Child Waming Signs for various locations within the Municipality of Chatham-Kent. For the purpose of this report, Child Waming Signs include such signs (and all requested variations thereof) as: . Child at Play . Blind Child at Play . Deaf Child at Play . Handicapped Child at Play 1336 Review of Current Engineering and Traffic Dlvillon Practices Surrounding The lnata.stlon of Child Warning Signa Munlolpallty of Ch,tham-Kent 2 In past years, the former Traffic and Transit Division did not 8Upport the in8tallatlon of such signage 8S they were Ineffective and unregulated. In a similar manner. Engineering and Traffic Division continues to follow thl8 practice with the following reasons being cited: · The signage does not accurately identify the specific area or offer any additional relevant Information to the driver. · The slgnage gives the driver a false sense of security In that the driver frequently assumes that the parents and or community also recognize the issue and will similarly be on guard. · The signage gtves the community a false sense of security In that the communlty frequently assumes that drivers also recognize the issue and will similarly be on guard. · It has been documented that the Impact and effectiveness of such wamlng signs Is quite short-lived. These warning signs often become "part of the scenery" for drivers familiar with the route and consequently become Ineffective quite quickly. · Many municipalities and communities do not use such warning signs due to the lack of proven effectJveness and undesirable liability associated with the use of such non-uniform warning signs. Furthermore. Engineering and Traffic Division adds the following: · The Implementation and erection of such signage becomes an administrative issue where budget must be allocated and staff must administer and monitor such a program to ensure that all signs are accurately placed and maintained. · The usage of such signage In today's society inadvertenUy identifies and singles- out one or more particular Indtvlduals within the community. · Numerous municipalities within Ontario. Canada and North America have taken the stance of not endorsing or supporting the provision of such slgnage. · Numerous standards. including the Manual of Uniform Traffic Control Devices, strongly discourage the use of Child Warning Signs. · Requests for placement of such signage typically are emotionally based and the requests for slgnage placement are often seen as a remedy to traffic speed issues. 1337 Review of Current Engineering and Traffic DivIsion Practices Surrounding The Installation of Child Warning Signs Municipality of Chatham-Kent 3 COMMENTS Child Warning Signs provide no guidance to motorists in terms of safe speed or operation of their vehicles. All drivers are charged with the paramount duty of conducting their vehicles in a safe manner in accordance with the relevant legislation at all times. As such, they are required to continually be In control of their vehicle and be aware of their surroundings at all times. All driyers are required to operate their vehicles In a responsible manner on all streets, not just those with Child Warning Signs present and Interact with other vehicles and pedestrians in a knowledgeable and safe manner. Similarly, both children and parents are responsible to ensure that children play In a safe manner, outside of the municipal road allowance. The presence of Child Waming Signs does not alter this responsibility nor does It allow children or parents to be less vigilant in this regard. Provision of these non-standard signs may also Imply that the Municlpanty approves of streets as playgrounds or play areas, which may result in the Municipality being wJnerable to liability. It is important to recognize that a number of selVice organizations disapprove of the provision of Child Warning Signs as they specifically Identify a single person or group In a neighborhood. It has been hypothesized that the provision of such signage undermines the goals of these service organizations by negating the seamless integration of these persons Into the Community fabric. Furthennore, It has been hypothesized that the provision of such slgnage may compromise the security of a person or group as it may "single out" such persons as possible victims to predators (sexual or otherwise). Appendix F of this report contains a sample Infonnation document obtained from the Institute of Transportation Engineers website. Although this document Is specifIC to the City of Pheonlx, Arizona, it Illustrates the concepts endorsed by the Institute specific to the issue of signage as speed control. It Is important for Council to recognize that this report does not seek to abolish the placement of relevant warning signs adjacent to schools, parks, playgrounds and other recreational facilities. Engineering and TraffIC Division will continue to endorse and recommend the provision of such relevant slgnage in these areas. COMMUNITY STRATEGIC PLM The recommendations In this report support the following objec1ive and strategic direction: A. Health - We are a healthy community A 1: Provide sufficient capacity to ,sustain community health and economic growth 1338 Review of Current Engineering and Traffic Division Practices Surrounding The Installation of Child Warning Signs MunlcJpallty of Chatham-Kent Desired Outcomes 4 · Provide safe,.accesslble, convenient and efficient public transportation The recommendations will not adversely Impact on the remainder of the Community Strategic Plan; ~. A number of parties have been consulted In the preparation of this report. In July, 2004, the opinion of the Chatham-Kent Accessibility Committee was solicited using the , correspondence provided In Appendix A. In September of 2004, the Chatham-Kent Accessibility Committee Issued correspondence to Engineering and Traffic Division Indicating that "the committee i8 under the consensus that the.. elgns are not necessary or needed". Further to this correspondEmce, the Chatham..Kent Accessibility Committee offered Information relevant to a survey they Initiated. The results of this survey may be found in Appendix C and are summarized as follows: · 80 families of children with disabilities were polled · 68 families (85%) Indicated that they felt that the signs were effective · 12 families (15%) Indicated that the signs were not relevant to their specifiC situation As indicated earlier in the report, the general public typically offers a high level of support for the provision of such signage as requests for such signage are frequently emotionally based and seen by the complainant as an Immediate (albeit inappropriate) solution to a traffic related Issue. · 7 profeSSionals working with children were asked if the provision of such signs would be a good idea · 3 professionals (43%) Indicated that the provision of such signs would be a very good Idea Letters of support for the recommendations contained herein are attached as follows: · Chatham-Kent Accessibility Committee · Canadian Association of the Deaf · Communfty LMng Chatham-Kent Appendix B Appendix 0 Appendix E The following websltes were consulted during the course of the preparation of this report: . www.tte.org Institute of Transportation Engineers Appendix F 1339 Review of Current engineering and Traffic Division- Practlce$ Surrounding The Installation of ChHd Warning SIgns Munlclpality of Chatham-Kent FINANCIAL lM~LICA TlQttI 5 The recommendations contained herein are a continuance of existing practice and do not have any associated financial Implications. Reviewed by; ~.~ General Manager Infrastructure and Engineering Services Reviewed by: ~ Gary No cott, P. Eng. Director, Engineering and Traffic Division Infrastructure and Engineering Services Reviewed by: ~th,CA Acting Chief Administrative Officer Appendix A: Correspondence Issued by Engineering and Traffic Division to the Chatham-Kent Accessibility Committee Appendix B: Letter- Chatham-Kent Accessibility Committee Appendix C: Emall- Chatham-Kent Accessibility Committee Appendix 0: Email - Canadian Association of the Deaf Appendix E: Email- Community Uving Chatham-Kent Appendix F: Will Children at Play Signs Help Slow Traffic? Attachments: (RTC:\lnfrastructure & Engineerlng\I&ES\2005\2593 - Review of Current Engineering and Traffic Practices Surrounding the Installation of Child Warning Slgns.doc) 1340 COY 1 - APPENDIX A MUNICIPALITY OF CHATHAM-KENT . 3 I S KINO STREET WEST. P.O. Box 640 . CHATHAM, ONTARJO . N7M SK8 - INFRASTRUCTURE AND ENGINEERING SERVICES ENGINEERING AND TRAFFIC DIVISION MEMORANDUM TO: FROM: Chatham-Kent Accessibility Committee Stephen Jahns, P.Eng., Project Manager Engineering and Traffic Division Infrastructure and Engineering Services DATE: 12-July-2004 RE: Discussion Regai1llng Disabled Child Warning Signs Municipality of Chatham-Kent The purpose of this Memorandum Is to invite comments of the Chatham-Kent Accessibility Committee with respect to the provision of Disabled Child Warning Signs within the Municipality of Chatham-Kent. Recently, Engineering and Tramc Division has received a number of calls from concerned parents requesting that Disabled Child Warning Signs (Deaf Child, Blind Child, etc.) be Installed and maintained by the Munidpallty of Chatham-Kent within municipal road allowances in area surrounding their homes. It has historically been the pOSition of the Engineering and Traffic Division of the Municipality of Chatham-Kent that these signs are Ineffective, unregulated and hence not supported by the Division. The following reasons- are cited: - 1. The slgnage does not accurately Identify the specific area or offer any additional relevant Information to the driver. 2. The signs quite often give the driver a false sense of security In that the driver frequently assumes that the parents and I or community also recognize the issue and will similarly be on guard. All drivers have www.cbatbam-kSllJt.~a FAX (S 19) 436-3240 CHATHAM-KENT CALL CENTRE: (SI~3fA-1998 APPENOIX A the same duty of care when operating a vehicle, regardless of the existence of such warning signs. 3. The signs quite often give the community a false sense of security in that the community frequently assumes that all drivers recognize the Issue and will be on guard. Parents may feel that children are now safe when playing on or near the roadway. Playing within the roadway Is a dangerous and unsafe practice for all person. at any time. 4. It has been documented that the effect 01 such warning sign. Is quite short-lived. These warning signs quite often become part of the scenery for drivers familiar with the route and consequently are ineffective. 5. Many munldpalities do not use such warning signs due to the lack of proven effectiveness and undesirable liability issues associated with the use of such non-unlfonn warning signs. 6. In today's society, the usage of such slgnage may unintentionally identify or Single-out one particular individual within a community. Could the Municipality somehow assume a degree of vicarious liability should this person be targeted as a direct result of such signage? Is the Municipality unintentionally undermining the desire of such people to assimilate and interact In society? 7. The provision 01 such signs becomes an administrative Issue whereby bUdget must be allocated and staff must administer and monitor such a program to ensure that all signs are accurately placed and maintained. Cases have been found within the Municipality where families have long since moved from the Community and the signs have remained In place none the less. 8. Recently, Engineering and Traffic Division of the Municipality of Chatham-Kent was scrutinized In a Letter to the Editor printed In a local newspaper for denying such a request for a Deaf Child sign. It Is the intention of Engineering and Traffic Division to propose a lirm policy and present It before Council for approval. 9. There have been numerous other municipalities within Ontario, Canada and North America which have taken the stance of not':'supporting such slgnage. 1IW.chatham-kent.ca FAX . (519)436-3240 CHATHAM-KENT CALL CENTRE: (519) 3~AA8 . APPENDIX A We Invite comments of the Chatham-Kent Accessibility Committee with respect to the provision of Disabled Child Warning Signs within the Municipality of Chatham-Kent. Should you have any comments, please contact Engineering and Traffic Division (519-360-1998) at your earliest convenience. Sincerely, THE MUNICPALITY Of CHATHAM-KENT 5tephe Jahn .Eng. Project Manager Engineering and Trame Division Infrastructure and Engineering Services vw .chathilm-kent.ca , FAX (519) 436-3240 CHATHAM-KENT CALL CENTRE: (S 19) 3~~8 lP~ ,..-.....-".- APPENDIX B MUNICIPALITY OF CHATHAM-K.ENT - 25 CREEK ROAD. CHATHAM, ONTARIO. N7M 5J3 .....~..M"".~;.....-_...._':JlIIIO_,C~~~...,.'V*I:~~.....f'I&';_.......-,c,.~..._.,.".........",...,." ~~-..-'~......~.......,.,."""......~.....',~~.~ ~;,~~~~.~!rl~.~.:.~;:J:)>;~ :.r.;:'::~'l"~"-' "-1"~~!~"<--'{:J~ '., ~~.:.. ~:'J:~.~~:.;;f::~ ~~":;', 'i' :. '~>. '. "'t' - . - . ~.~ - ~+~~.'t""""~""~, l' M.(:j.~~'Vf~~~~-~~,-,~,~"""""'nI",p!:"""."",,,,,~,,,,""~." CORPORATE & COMMUNITY SERVICES MUNICIPAL PROPERTIES September 24, 2004 Stephen Jahns Infrastructure & Traffic Project Manager 315 King St. W. Chatham, ON N7M 5K3 Dear Stephen; On behalf the Chatham-Kent Accessibility Advisory Committee the following is the decision of the committee on the issue of deaf child signage: 'The committee is under the consensus that these signs are not necessary or needed. .. Truly, /~ Chair C-K Accessibility Adivsory Committee ThiI MCOrd hM been revlewed InCI edia. in ~ will the MunIcipIlI FreedOm d InIanMIIon Iftd p,otdon 01 PrMlcy N:A. ~~~~ FNedom fA IIIIDrm 11Irft ~- roy~ .city ,cbalbllw.kclJLiUMtQ FAX (519) 351.5001 CHATHAM.KENT CALL CENTRE: (S~ ~Jff. J 998 APPENDIX C '- ,.,-, -.;:-- ~ J 23/11/2004 04:55 PM To: STEPHEN JAHNSlcl<l@Cily.chalham.kent.on.ca cc: I Jjcounty/ck 1 @City.chatham-kent.on;ca Subject: Traffic Signs. Deaf Child Etc. Stephen. I finally have received a response from the members of the Accessibility Advisory Committee concerning the use of signs for Deaf Child etc. 80 families of children with disabilities were asked and 68 families or 85% indicated that felt the signs were effective. 12 families Indicated this was not a concern of their family due to the type of disability their child has however 10 families Indicated if they child was affected - they would request a sign. Seven profeSSional working with children were asked and 3 of 7 Indicated that the signs would be a very good Idea. Based on this unsclenliflc survey. It appears that the signs have value to the families with children with disabilities. -' Manager. Municipal Properties Community Services MUNICIPALITY OF CHATHAM-KENT Phone: (519) 352.7354 Ext.. Fax: (519) 351-5001 e-mail: A JOURNEY OF A THOUSAND MILES BEGINS WITH A SINGLE STEP ~ , ....oloIIU/.....~endlditld in .ccardeI.... .. M&ncipII Freedam d ~... ~'4b. III PrtvIlcr 1d. .=e~ >> EInar ..... MunIcfpeI F......oI..~~ r1r 1345 APPENDIX D ~ MARKCEPPI . ,\ .:' . . 08/031200506:38 PM To: STEPHEN JAHNS/ckl@city,chatham.kent.on.ca, GARY NORTHCOTT/cilyhall/ck 1 @City ,chatham~kent.on,ca, _ _ jcityhalVck l@clty,chalham.kent.on.ca cc: Subject: R.: Deaf Child Warning Signs I received a reply from the Canadian Association of the Deaf for my inquiry about "Deaf Child" Warning signs. It seems to run parallel to comments we get from other special needs organizations. See below. Mark Ceppi Engineering Technician. Infrastructure and Traffic Infrastructure and Engineering Services Municipality of Chatham-Kent (p) 1-519-352-8401 exl. 3984 (I) 1-519-436-3240 markc@chatham-kenlca This communication is confidential and may contain information protected by Privacy legislation . Unauthorized use is strictly prohibited, If you have received this communication in error. please notify the sender Immediately by telephone. - Forwarded by MARK CEPPUcltyhalVckl on 081031200506:36 PM _ ~ O~506:31PM To: <markc@chathsJn.kent.ca> cc: Subject: Re: Deaf Child Warning Signs Hello Mark, .. 1 apologize for the delay in replying to your message. The Canadian Association of the Deaf does not have an official position on this, but it is not recommended to post a Deaf child sign as it can pose a security risk for the child (i,e.. sexual predators who may prey on them because the children cannot hear them) . Please let me know if you have any other questions or concerns. Thank you, 1 Information and Public Relations Canadian Association of the Deaf > Original Message ----- > From: > To: _- > Sent: Wednesday, February 16, 2005 > Subject: Deaf Child Warning Signs > > >> >> 12:22 PM ThII NCDfd .. been rwiewed and edit8d In ICCOI'dIncIwIIt the MunIdpeI Freedom oIlnfa1M11on 8nd Prc4IdclC'l d PrtvIcy NA. :fk ~~ EInar a.MIM. IUIIctpIII F....... oI"6'INIIon ~.~ Coordinator Mark Ceppi had this to say about Deaf Child Warning Signs: 1346 APPENDIX D )) 1 work in the Traffic Dept. for the Municipality of Chatham-Kent, >> OnClIrio. >> >> ~O.9 ehf C,A.D, h~v. a policy or position on the eh. UI. ot Oeaf Child )~ W4rninq 'l;n. on roadway.? >> )) 'rhanks. >> )> Mark C. >) >> MU'k CClppi, flMark Ceppi" <marke@chathlllm-kent.cl!I> 1347 APPENDIX E . .~<:,~~:!.. ,,;~~ .. '\ J 12/08/2004 11: 18 AM To: "'stephenj@chatham.kenl,ca'" <stephenj@ehatham-kent.ea> ec: SUbject: FW: Disabled Child Warning Signs >. :> :> > :> :> :> III Stephen, > > I hav~ reviewed your memorandum to the Acc.~sibility Advisory Committee in > r~9ards to the Disabled Child Warning Signs. I sit On this committee as a > delegate trom Community Livin9 Chatham-Kent. We provide supports and :> services for people who have an intellectual disability. A large portion > of the people we support have multiple disabilities including physical, :> hearing and visual impairments and dual di,gnosis. Our goal is that all > people live in a state of dignity, share in all elements of living in the :> community, and have the opportunity to participate effectively. :> > > > -----Original MessaQe----- F'rom: ~ Sent: ~U9u8t 12, 2004 11:11 AM To: 'stephen@chatnam-kent.ca' Subject: Disabled Child Warning Signs First and toremost I agree with your past position on the effectiveness of these signs. Each of the 9 reasons cited are valid and clearly describe why such signs would be ineffective. ;:. > If we, believe t.hat the focus of community should be on how to keep all > children sate, signs are not required. The emphasis should not be on > physical barriers because there are many barriers to accessibility. When > we make decisions we should stop assuming that everyone is the same and > everyone can walk, talk, hear and see. "The social approach or this > awareness, will make accessibility a forethought, instead of an > afterthought" > ;, > > Community Living...Discovering Dreams, Connecting Lives :> ;:. > Program Manager ~. Family/Community Supports > Community Living Chatham-Kent > P. O. Box 967 > Chatham, ON N7M 5L3 > 1-519-351-0460 > > > > > :> > < ThiI NCQId" been~ 8ftd eo, In ~dInCI wilt the ~ FnMtOOh d ftflllOlrUll~ 8fICI ~*'*" d PIMcy ~~~ FrMdom 01 h.rom.lOn ~... 1348 u.. X o z w ~ 0.. <( ...- ..~ .t1~ ;:~s !:~' ~ ~ ~.. ...~ ~.4CBl0t\ A trafIlc safety message from .tJte Phoenix Street Transportation Department For _ ........... QIl: (602) 162..Q35 '!'DO (602) S34-SSOO . City of Phoenix . Upca NqIIMI. * Slnet T-'r ~ DepM.cm will ..... lIIis pIbIic:IIioft ...... ........ ~w,.1ids ... RrYices 10 .............. _ i8dhiIIaI... a diuIIiIily. Call (C!01) 262-46S9 _ (ax . n:quat .. (6al)49S-&m6.. "(g[H] ~ ~[L(Q .~ If' [MJ~ ~ '1> (J) """ (Y) ~ Pedestriam can get a false sense of security_ -siDce timers ofteB disrepnI these sips. Sips dIat eDCOIIJ'8Ie parents or dIiIdren to believe they haft added pI'Okdfu8 (wllleb they do DOt) can do DIOre banD tbaII good. ChDdraa should DOt be eoeouraged to play ia the street. Federal staadards reject these sigDs because they opeDIy suggest that playing iD tile street Is aaeptable.. u.. X i5 z W Q.. CL <( Signs are used to guid ...1UId dired motorists. Howev, sips call CODfuse, distract and irritate motorists. 1 ary .sips CD pl'OlllOte . disraped for aD sips. TIte... I"TSlnple is tile "CIDLDREN AT PLAY" sip. WIaile It may seem that this sip WGUId .rotect.aghhorllo youugstel's, facts intIkate otherwise.. AItho Il __ cmnmwdtles have posted these sips in residential U'eal 10 evideDce aists to pI'Oft that these signs help red a acdcIeIds 01' lower speeds. Studies baft shOWll dult IIIaDJ ItIaI areas, wlllch are iDstaUed to "want" people of fd to Imprwe safety. Since children live on nearly... 0 I!) (Y) ... every residential block, if used, the signs would ..-- have to be placed OD each street. Blocks with no ~ signs might Imply that no children live there, so it Is aU richt to speed. ~ - Because of tbese serious CODCa1IS, Arizona law does not recognize "CHILDREN AT PLAY" sips. Specific warnings for schools and crosswalks are available for use where they dearly serve. a purpose. WamiBg signs can be effective tools if used sparingly and only to wara motorists of l1IleOIDIDon hazards that are not apparent to drivers. Remember, "CHILDREN AT PLAY" signs . ARE GENERALLY DISREGARDED BY MOTORISTS . GIVE PEDESTRIANS A FALSE SENSE OF SECURITY Minutes - June 6. 2009 Municipality of Cha'ham-Kent Council Meet~n" Councillor Eberle moved, Councillor Gilbert seconded: UThat Council formalize the polley of not endorsing or supporting the Installation of Child Warning Signs within the Municipality of Chatham-Kent." Councillor Faas noted that he has recently received a request for this sign which was denied. There is no Indication of removing the current signs In place. Although the residents understand the rationale, the signs do exist In the Community of Chatham. There needs to be a condition that any existing signs be removed by September 20th. If there Is no rationale for them being there, they should be removed. Otherwise, the signs should be provided to the others requesting them. Councillor Brown asked if there is any program in place that removes the signs when no longer required. The Manager, Infrastructure and Traffic Division advised that there is . currently no mechanism for the removal of the signs. Councillor Brown suggested that this be a function of public works during normal rounds. The General Manager, Infrastructure and Environmental Services advised that this depends on how well the worker knows the community, and the areas, to know whether or not that child still resides in that location. Councillor Eberle advised that this was brought before the Accessibility Committee some time ago. They agreed with the by-law as written however, they asked that the old signs be removed. The Acting Mayor asked If there Is any difference between the Child At Play and Blind or Deaf Child in the area. The Manager, Infrastructure and Traffic Division advised that there is no difference ",tween the signs. All are non-regulated. The Acting Mayor confirmed that there are signs of such in his ward. The Manager, Infrastructure and Traffic Division advised that the belief amongst the International Institute of Traffic Engineers that these signs prove to be ineffective. Councillor Herman suggested that it is the responsibility of the driver to ensure that they are watching all children In the neighbourhood. Councillor Faas moved an Amendment, Councillor Gilbert seconded: UThat any existing slgn8 be removed." In response to a question from Councillor Faas, the Manager. Infrastructure and Traffic Division reported that there Is no reason as to why the signs cannot be removed. Councillor Faas advised that he would not set a deadline as long as he knows that the signs are being removed. Councillor Gilbert commented on the disadvantages of the signs. Councillor King noted that he would not support removing the signs that already exist. Future signs are another issue; however, signs that exist should only be removed as needed (i.e. child grows up and moves away). Councillor Brown noted that signs that are no longer needed If the child has moved away and the rest should remain. 1351 Councillor Crew noted that he would not support the motion as in the past he had lobbied Council to place these signs. He further commented that he would not support taking the signs down. The Acting Mayor put the Amendment. The Acting Mayor put the Motion. Amendment Failed Motion Carried 1352 ~ REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3,2010 Resolution#: By-laW#: N/A Report#: COD-016-10 File#: Subject: TENDER NO. CL2010-14 - SUPPLY & HAULING OF GRANULAR MATERIAL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-016-10 be received; 2. THAT Robert E. Young Construction Limited, Peterborough, Ontario, with a total bid in the amount of $207,591.02 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-14, be awarded the contract for Supply & Hauling of Granular Material, as required by the Municipality of Clarington, Operations Department; and 3. THAT funds in the amount of $219,591.02 which includes $207,591.02 for tendering, administration, material testing and contingencies be drawn from the Operations Department various 2010 Annual Operations Road Maintenance and Construction Accounts, as follows: Account # 100-36-380-10205-7112, Culvert $3,356.64 Account # 100-36-380-10225-7112, Entrance Culverts $2,909.09 Account # 100-36-380-10733-7112, Sidewalk Maintenance $1,118.88 Account # 100-36-384-10310-7112 Guide Rail $1,118.88 Account # 100-36-380-10240-7112 Ditch/Shoulder Maintenance $1,118.88 Account # 100-36-382-10280-7112 Gravel Resurfacing - Various Prices $197,968.65 Account # 100-36-382-10280-7112 Gravel Resurfacing - Consulting/Material Testing/ Contingencies $12.000.00 Total Funds Required $219,591.02 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1401 REPORT NO.: COO-016-10 PAGE 2 Submitted by: MM\JDB\bh ~ M . Marano, H.B.Sc., C.M.O., Director of Corporate Services Reviewed by: o~-=~ Franklin Wu, Chief Administrative Officer 1402 REPORT NO.: COD-016-10 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 Tenders were publicly advertised and called for the Supply and Hauling of Granular Material as required by the Operations Department. Subsequently, four tenders were received and tabulated as per Schedule "A" attached. 2.0 ANALYSIS 2.1 After review and analysis of the bids by the Operations Department, AECOM and Purchasing, it was mutually agreed that the low compliant bidder, Robert E. Young Construction Limited, Peterborough, Ontario, be awarded the contract for the Supply and Hauling of Granular Material. 2.2 Robert E. Young Construction Limited, Peterborough, Ontario has provided similar services to the Municipality of Clarington in the past and the level of service has been satisfactory. 2.3 The references were contacted by AECOM and were found to be acceptable. 3.0 FINANCIAL 3.1 The total funds required for Tender CL201 0-14, Supply and Hauling of Granular Material are included in the Operations Department 2010 Operations Road Maintenance and Construction accounts. 3.2 The account numbers are outlined as per Schedule "B" attached. The amounts required are within the budget allocation. 3.3 For the information of Council, the average of the unit prices per tonne represent an approximate 9% decrease from the previous year. 1403 REPORT NO.: COD-016-10 PAGE 4 4.0 CONCLUSION 4.1 To award the contract for the Supply and Hauling of Granular Material to Robert E. Young Construction Limited, Peterborough, Ontario. 5.0 INPUT FROM OTHER SOURCES 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations Attachments: Attachment 1 - Schedule "A", Bid Summary Attachment 2 - Schedule "B", Account Numbers Attachment 3 - Schedule "C", Recommendation Letter from AECOM 1404 REPORT NO.: COD-016-10 PAGE 5 Schedule "A" Bid Summary render CL2010-14 BIDDER TOT AL BID (Excluding GST) Robert E. Young Construction Ltd $207,591.02 Peterborough, ON C.D.R. Young's Aggregates Inc. $212,253.40 Pontypool, ON Lafarge Canada Inc. $229,913.33* Stouffville, ON Dufferin Aggregates $235,381.99 Concord, ON *adjusted for mathematical error 1405 REPORT NO.: COD-016-10 PAGE 6 Schedule "B" Account Numbers Summary Tender CL2010-14 2010 GRAVEL CONTRACT: ACCOUNT Culvert Entrance Culverts Sidewalk Mtce. Guide Rail Ditch/Shoulder Mtce Gravel Resurfacing - Various Prices SUBTOTAL NUMBER 100-36-380-10205-7112 100-36-380-10225-7112 1 00-36-380-1 0733-7112 1 00-36-384-1 031 0-7112 1 00-36-380-1 0240-7112 ESTIMATED PROJECT EXPENDITURE $3,356.64 $2,909.09 $1,118.88 $1,118.88 $1,118.88 $197,968.65 $207,591.02 100-36-382-10280-7112 Gravel Resurfacing - Consulting/Material Testing/Contingencies 100-36-382-10280-7112 $12,000.00 $219,591.02 1406 Schedule "C" Recommendation from AECOM A:-coM AECOM 300 Water street WhItby, ON. canada L 1 N 9J2 www.aecom.com 905 668 9383 tel 90~ 668 0221 fax April 19, 2010 Mr. F. Horvath Director of Operations The Municipality of Clarington 40 Temperance Street BOWMANVILLE, ON L 1 C 3A6 Dear Sir: Re: 2010 Gravel Supply Tender Contract No. CL2010-14 (the "Contract") . M.unicipality of Clarington Tenders for ,the above project were opened at the Municipal Offices on Tuesday, AprilS, 2010. A list of the bids received is provided in the table below. All numbers are exclusive of GST. BIDDER TOTAL BID lOST Excluded) Robert E. Young Construction Ltd $207,591.02 Peterborouah. ON C.D.R. Young's Aggregates Inc. $212,253.40 PontvDool. ON Lafarge Canada Inc. $229,913.33* Stouffvllle, ON Dufferin Aggregates $235,381.99 Concord ON * Extension Error The Municipality of Clarington's Purchasing Department (the .Purchasing Departmenr) reviewed all bids and noted a mathematical error in Lafarge Canada's bid. AECOM Canada Ltd. ("AECOM") has reviewed all bids accepted by the Purchasing Department and confirmed the t;lid values noted above. Robert E. Young Construction Ltd. is the lowest bidder. Robert E. Young's submitted tender has been reviewed and is compnant. As requested by the Purchasing Department, references were checked only for the lowest bidder. Robert E. Young has completed a number of similar scope projects in 2009 for municipalities near Clarington. The referenced clients were contacted and all responded favourably. 1407 Schedule "c" Recommendation from AECOM A:-coM Page 2 AprU 18. 2010 The estimated costs for various project components, based on the low bid. are summarized in the table below. Robert E. Y ouna Bid Net Value of Tender Award $207.591.02 $207,591.02 Project Costs: Tender Prep/Administration $3,000.00 Materials Testing $4,000.00 Contingencies $5,000.00 Costs Total $12,000.00 Total Project Costs $219,591.02 Based on discussions with Operations Department staff, the funds for this project are recommended to come from the following sources: Culvert Entrance Culverts Sidewalk Mtce Guide Rail Ditch/Shoulder Mtce Gravel Resurfacing TOTAL 100-36-380-10205-7112 100-36-380-10225-7112 10~6-380-1073~7112 10~6-384-10310-7112 100-36-380-10240-7112 100-36-382-10280-7112 $ 3.356.64 $ 2.909.09 $ 1.118.88 $ 1,118.88 $ 1,118.88 $209.968.65 $219,591.02 . Based on the references contacted regarding performance on their previous work, in our opinion, the tender In the amount of $207,591.02 (exclusive of GST) could be awarded to Robert E. Young Construction Ltd., of Peterborough, Ontario provided that all provisions of the Clarington Purchasing Bylaw have been met and subject to allocation of funding by Council. Should you have any questions regarding this matter, please contact the undersigned. Sincerely, AECOM. Canada Ltd. ~&g. ian.roger@aecom.com IR 1408 ~ REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3,2010 Resolution#: By-laW#: N/A Report#: COD-017 -10 File#: Subject: CO-OPERATIVE TENDER NO. T -539-2010 - SUPPLY, DELIVERY AND APPLICATION OF CALCIUM I MAGNESIUM CHLORIDE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-017-10 be received; 2. THAT Miller Paving Limited, Markham, Ontario, with a total bid price of $81,928.00 (excluding G.S.T.), for the Municipality of Clarington's requirements for liquid magnesium chloride (Section I) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative TenderT-539-2010, be awarded the contract to supply and apply approximately 392,000 litres of liquid magnesium chloride, as required by the Municipality of Clarington Operations Department; 3. THAT Innovative Surface Solutions Canada, Ajax, Ontario, with a total bid price of $5,443.20 (excluding G.S.T.), for the Municipality of Clarington's requirements for flaked calcium chloride (Le., in 20 kilogram bags), (Section II) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T-539-2010, be awarded the portion of the contract to supply and deliver approximately 9,000 kg of flaked calcium chloride, as required by the Municipality of Clarington Operations Department; 4. THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contracts be awarded for a second and third year; and 5. THAT the funds expended be drawn from the Operations Department various operating accounts. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1409 REPORT NO.: COD-017-10 PAGE 2 Submitted by: MM\JDB\bh ~~C"C.M.O., Director of Corporate Services Reviewed by: cl~.::.. ~ Franklin Wu, Chief Administrative Officer 1410 REPORT NO.: COD-017 -10 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 A tender for the supply, delivery and application of Calcium I Magnesium Chloride products 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 Town of Whitby. 1.2 The tender was publicly advertised and called for bids for the Supply, Delivery and Application of Calcium I Magnesium Chloride as required by the co-operative agencies. Subsequently, tenders were received and tabulated as per Schedule "A" attached. 1.3 The contract resulting from this tender will cover the supply and delivery of calcium I magnesium chloride products on an as required basis for a one year term with the option to extend for two additional years. 2.0 ANALYSIS 2.1 Bids were received from Miller Paving Limited, Markham, Ontario; Innovative Surface Solutions Canada, Ajax, Ontario; Glen Chemicals Limited, Scarborough, Ontario and Morris Chemicals Incorporated, Lakefield, Ontario. 2.2 The bid submission from Morris Chemicals Incorporated, Lakefield, Ontario was noncompliant due to the absence of an agreement to bond. 2.3 It is the intent of the Co-operative Group to award the tender on the basis of the low bid for each participating Agency's section. 2.4 The low bid for the Municipality of Clarington is Miller Paving Limited, Markham, Ontario for Section I Liquid Calcium I Magnesium Chloride and Innovative Surface Solutions Canada, Ajax, Ontario for Section II Flake Calcium I Magnesium Chloride. 1411 REPORT NO.: COD-017-10 PAGE 4 2.5 Miller Paving Limited and Innovative Surface Solutions Canada have previously performed satisfactorily for the Municipality of Clarington. 3.0 FINANCIAL 3.1 Funds required to complete the purchases of the required products are provided in the Operations Department various 2010 operating accounts. 3.2 Of the total bid amounts indicated for Sections I and II, the Municipality of Clarington requirements amount to $81,928.00 and $5,443.20 (excluding G.S.T.) respectively, as per Schedule "A" attached. 3.3 The tendered prices from Miller Paving Limited, Markham, Ontario and Innovative Surface Solutions Canada, Ajax, Ontario, reflect approximately a 0% increase and 34% decrease, respectively over 2009 prices. 3.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 4.0 CONCLUSION 4.1 After review and analysis of the bids by Purchasing and Operations, it was mutually agreed that the bid from, Miller Paving Limited, Markham, Ontario be recommended for the contract for liquid magnesium chloride (Section I) and that Innovative Surface Solutions Canada, Ajax, Ontario, be recommended for the contract for flaked calcium chloride in 20 kilogram bags (Section II). 1412 REPORT NO.: COD-017-10 PAGE 5 5.0 INPUT FROM OTHER SOURCES 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations Attachments: Attachment 1 - Schedule "A", Bid Summary 1413 PAGE 6 REPORT NO.: COD-017-10 Schedule "A" Bid Summary SECTION 2 FLAKE CALCIUM & MAGNESIUM CHLORIDE Municipality of Clarington Consumption SECTION 2 FLAKE CALCIUM & MAGNESIUM CHLORIDE Cooperative Consumption Co-Operative Tender T-539-2010 SECTION 1 LIQUID MAGNESIUM CHLORIDE SECTION 1 LIQUID MAGNESIUM CHLORIDE BIDDER Municipality of Clarington Consumption 392.000 Iitres Cooperative Consumption 9.000 kQ No Bid 33.900 kg No Bid No Bid (calcium) $81,928.00* (magnesium) litres No Bid (calcium) $453,321.00*(magnesium) 169.000 2 Annual ReQuirements Miller Paving Limited Markham. ON $5,443.20* (calcium) $5,443.20* (magnesium) $20,502.72* (calcium) $20.502.72* (magnesium) No Bid No Bid Innovative Surface Solutions Canada Ajax, Ontario $6,804.00* (calcium) $8.262.00* (magnesium) $25,628.40* (calcium) $31,120.20* (magnesium) No Bid No Bid Glen Chemicals Limited Scarborough, ON Rejected Rejected Morris Chemicals Lakefield, ON .:5excluding G.S.T. ~ ....... ~ ~ REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3,2010 Resolution#: By-laW#: N/A Report#: COD-019-10 File#: Subject: ONTARIO POWER AUTHORITY - DEMAND RESPONSE PROGRAM (DR3) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-019-10 be received; 2. THAT staff be authorized to investigate the Ontario Power Authority - Demand Response Program in order to determine if opportunities exist for the Municipality of Clarington to participate; 3. THAT if positive results of the investigation are produced during the summer recess, staff be authorized to enter into an operating agreement for participation in the Ontario Power Authority - Demand Response Program; and 4. THAT staff provide a report back to Council with recommendations on the findings of their investigation. Submitted by: ~ - arie Marano, H.B.Sc., C.M.O., Director of Corporate Services Reviewed by: (j (--c~~ .~~ Franklin Wu, Chief Administrative Officer MM\JDB\km 1415 REPORT NO.: COD-019-10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 The Ontario Power Authority has developed a program designed engage the industrial, commercial and public sectors in a program designed to deal with periods of peak demand on the Ontario energy grid by providing controlled reduction in energy consumption. 1.2 The Ontario Power Authority has contracted with a number of firms to act as aggregators. It is the mandate of these firms to register agencies each prepared to reduce power consumption at selected facilities on demand. For clarification, the following explanation is provided on the OPA website: "The DR3 Program provides incentives to major power users who contractually agree to reduce their power use by a pre-determined amount when called upon by the Ontario Power Authority (OPA). This guaranteed demand reduction allows power planners to reduce the total system demand for electricity and therefore all ratepayers' electricity costs, over the long term." "By participating in the OPA DR3 program, Local Distribution Company (LDC) customers are acting as insurance policies against grid failure." 1.3 In order to determine if it is possible for the municipality to participate in the Demand Response Program (DR3) an aggregator is required to undertake a review of selected facilities such as Garnet B. Rickard Recreation Complex, South Courtice Arena or Municipal Administration Centre to determine if the facility operation can accommodate a planned reduction in electricity consumption for a specified period. 1416 REPORT NO.: COD-019-10 PAGE 3 2.0 ANALYSIS 2.1 Until such time as an aggregator can complete a survey it is not possible to provide details on the level of participation, amount of energy reduction or the financial benefit. 2.2 With Council's authorization staff, with the assistance of an aggregator, will determine whether participation is viable and if so, the level of participation and the opportunities and benefits of enrolling in the program. 2.3 In the event the findings are positive staff will proceed to the next phase that being the selection of an aggregator, confirm the facilities that are appropriate for participation with the level of curtailment along with the negotiation of an agreement. The agreement would be considered an operating agreement, and as such, if positive results are determined during the summer recess, staff is seeking authorization to enter into the agreement and report back to Council with the results. 3.0 FINANCIAL 3.1 Participation in the DR3 program does provide a revenue stream. By participating and committing to the program OPA customers received two payments from OPA: one payment for being a standby power resource for the grid, and a second payment for responding to the demand curtailment calls made by OPA. The amount of payment cannot be determined until such time as the review is completed and curtailment potential is determined. 3.2 For clarification, the DR3 program is a contractual arrangement and failure to meet the demand curtailment when called upon will reduce any potential revenue stream. 1417 REPORT NO.: COD-019-10 PAGE 4 4.0 CONCLUSION 4.1 Based on the information available and discussions with other DR3 program registrants such as Richmond Hill and Aurora there is sufficient interest to pursue additional information to determine if there is an opportunity to participate, what the contribution could be and the potential revenues available by participating. 4.2 On completion of the review and if the Municipality's participation is viable and the benefits advantageous, staff is proposing that the opportunity be explored in detail. The selection of an aggregator as well as the level of participation will have to be finalized as will the terms of the agreement including financial details. 4.3 Given the time required for the assessment and the time required to negotiate the operating agreement, it may be the summer months when the conclusion of the assessment is reached. The agreement would be structured as operating in nature, therefore staff is requesting authorization to enter the agreement and provide a report on the findings of the investigations and the details of any agreement. 5.0 INPUT FROM OTHERS SOURCES 5.1 This matter has been discussed at the Energy Management Committee and in particular with the Community Services and Operations Department and there is agreement that the matter of Demand Response (DR3) be investigated further. Concurrence: Joe Caruana, Director of Community Services Fred Horvath, Director of Operations 1418 Uaringron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MAY 3rd, 2010 Resolution#: By-laW#: Report#: FND-01 0-1 0 File#: Subject: FINANCIAL UPDATE AS AT MARCH 31, 2010 RECOMMENDA TIONS: It is respectfully recommended thatthe General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-010-10 be received for information. Submitted by: Reviewed by: o 1~~tS2~.~ ,/:7 Franklin Wu, Chief Administrative Officer NT /LB/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 1501 REPORT NO.: FND-010-10 PAGE 2 1.0 BACKGROUND AND COMMENT: 1.1 The Financial Update report has been designed to focus on overall budget variance reporting. The format and layout of this report is consistent with report FND-006-10 presented previously to Council. 2.0 FIRST QUARTER OF 2010 RESULTS 2.1 Attachment "A", the Summary of Operating Expenditures and Revenue statement compares the Municipality's budget to actual posted expenditures and revenue as of March 31, 2010. The statement reflects the Municipality's operating budget only and excludes year to date expenditures for the consolidated hall/arena boards. Net expenditures to March 31, 2010 total $11,450,719 which represents 28.31 % of the net operating budget. This includes annual grants and debentures that occur at the beginning of the year. If this was prorated over the year, the percent of operating budget expended drops to 17.87%. 2.2 Attachment "A" is intended to provide an indication of the status of the Municipality's operating accounts compared to the approved budget as at March 31,2010. However, many departments are affected by high levels of activity during specific times of the year. For example, some activities are seasonal in nature, such as ice rentals and winter control which result in afluctuation of the timing of recognition of revenue and expenses. Due to these timing differences, this statement cannot be used in isolation. 2.3 The Operations Department has experienced a drop in weather related activity due to milder winter conditions during the first quarter of 2009. Expenditure accounts directly related to winter maintenance show actuals for 2010 that are 58.81 % lower than those recorded in the same period last year. 2.4 The Engineering and Planning department's revenue is better than anticipated and as discussed in FND-008-10 this may be a reflection of some pent-up demand remaining from the 2009 economic climate. Application fees are not a steady stream rather they are intermittent throughout the year. The first quarter results cannot be extrapolated over the balance of the year. 2.5 The Legal Administration section has been added to the report to reflect the addition of this department. No current operating activity exists, as the position was not filled as of the end of the first quarter. Legal costs incurred to date in 2010 are currently being charged to the legal accounts previously established as 2010 will be a transition year. 1502 REPORT NO.: FND-010-10 PAGE 3 2.6 Attachment "B", Continuity of Taxes Receivable for the three months ending March 31 , 2010 provides the status of the taxes billed and collected by the Municipality of Clarington during the First quarter of 2010. A total of $30,655,363 in interim tax bills were issued to property owners in the Municipality during this period. At the end of March, a total of $8,925,850 remains unpaid. However, currently on hand are prepaid taxes through the pre-authorized payment system and prepaid taxes for the April 2009 installment of $4,645,363. The net balance of $4,645,363 is slightly lower than the prior year at this time. 2.7 The changes in collection processes and procedures implemented during the fourth quarter of 2009 and the first quarter of 2010 have been relatively successful in reducing the balance of taxes outstanding since the 2009 third quarter report. These innovations will be continued throughout 2010. 2.8 Attachment "C", Outstanding Investments as at March 31, 2010 provides the status of the Municipality's general, capital and reserve fund investment holdings at the end of the first quarter of 2010. The Municipality at March 31 holds $0 in general fund investments, $0 in capital fund investments, and $35,282,632.29 in reserve fund investments to fund future commitments. General fund investments are short term in nature and timed to mature when funds will be required. Investments held in the Municipality's portfolio are reviewed on an ongoing basis to ensure they meet the requirement of Section 418 of the Ontario Municipal Act and the Municipality's investment policy. 3.0 CONCLUSION: 3.1 The report is provided as information to Council. Ongoing reports will be provided quarterly. Attachments: Attachment "A": Summary of Operating and Expenditures and Revenue Attachment "B": Continuity of Taxes Receivable Attachment "C": Investments Outstanding 1503 1504 Attachment "B" CORPORATION OF THE MUNICIPALITY OF CLARINGTON Continuity of Taxes Receivable or the First Quarter of the Year 2010 December 31.2009 MARCH MARCH BEGINNING BAL INTEREST TAXES PAYMENTSI 2010 2009 RECEIVABLE ADDED BILLED BALANCE ADJUST,... CURRENT YEAR TAXES - 30,655,363 30,655,363 (34,935.850) (4,280,487) (3,201.760) PENAL TV AND INTEREST - 150 701 150 701 11256911 25010 27 683 FIRST PRIOR YEAR TAXES 6,628,375 6,628,375 (1,709.767) 4,918,608 4.211,964 PENAL TV AND INTEREST 308 099 133 719 441 817 (120403) 321 415 313039 ~ECOND PRIOR YEAR TAXES 2,654,104 2.654.104 (703,806) 1,950,298 1 .557,406 PENAL TV AND INTEREST 295 133 27513 322 645 . 150714' 271 932 218959 ~HIRD & PRIOR YEARS TAXES 1,448,667 1,448,667 (357,326) 1,091.341 1,088,288 PENAL TV AND INTEREST 490 658 82 623 573 281 1226034' 347247 482631 SUB-TOTAL 11825035 394 555 30 655 363 42874952 138 229 589' 4 645 363 4698210 PREPAID TAXES 12 497 599 TOTAL 9 327 437 394 555 30 655 363 42874952 138 229 589) 4 645 363 4698210 ,*.. Includes refunds, write-ofts, 357's, etc. NOTE 1: 2010 Interim Instalment months: February and April. NOTE 2: Current year taxes are in a negative position because they include taxes prepaid for the April instalment. 1505 ATTACHMENT "C" CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING AS AT MARCH 31, 2010 FINANCIAL INVESTMENT INTEREST MATURITY MATURITY INSTITUTION COST RATE VALUE DATE GENERAL FUND TOTAL GENERAL FUND 0.00 CAPITAL FUND TOTAL CAPITAL FUND 0.00 RESERVE FUND GIC-BNS RBC 461,911.53 0.70% 465,144.91 28-May-2010 Bond-Ontario RBC 733,772.63 3.85% 900,445.00 2-Jun-2010 GIC-Royal Bank RBC 945,000.00 2.00% 963,900.00 1 0-Sep-201 0 GIC-Royal Bank RBC 618,000.00 2.00% 630,360.00 25-Sep-2010 Bond-Canada RBC 5,094,062.47 4.10% 6,058,590.00 1-0ct-2010 Bond-Canada RBC 869,799.71 0.50% 874,786.00 1-Dec-20 1 0 GIC-National Bank RBC * 1,500,000.00 4.10% 1,833,770.00 6-Dec-2010 GIC-National Bank RBC * 1,681,851.79 4.35% 2,080,894.41 6-Mar-2011 BA-Royal Bank RBC 24,186.76 0.09% 24,208.04 15-Mar-2011 GIC-BMO RBC * 2,221,742.00 4.30% 2,742,301.29 18-Sep-2011 Bond-Quebec RBC 776,152.23 4.35% 986,467.00 1-Dec-2011 Bond-Ontario RBC 999,999.54 4.20% 1,244,090.00 2-Dec-2011 GIC-Royal Bank RBC * 2,000,000.00 4.05% 2,439,161.00 16-Mar-2012 GIC-BNS RBC 4,349,427.00 2.60% 4,697,579.00 13-Jul-2012 Bf A- TD RBC *. 1,4 71,061.00 4.80% 1,859,675.00 30-0ct-2012 Bond-Ontario RBC 699,779.86 2.50% 759,557.00 2-Dec-2012 BfA-Royal Bank RBC * 1,503,357.00 4.80% 1,900,502.92 8-Jan-2013 GIC-BNS RBC * 1,546,695.00 4.50% 1,927,463.38 12-Feb-2013 GIC-BNS RBC * 599,161.00 4.35% 741,320.00 4-Mar-2013 GIC TD * 1,009,028.0.0 4.45% 1,254,427.00 25-Mar-2013 GIC TD * 257,495.00 4.51% 321,039.00 13-May-2013 GIC-BNS RBC * 2,060,630.00 3.10% 2,328,277.00 30-Jul-2013 GIC-Royal Bank RBC * 946,770.00 4.40% 1,174,213.00 30-Sep-20 13 Bond-Ontario RBC * 574,200.00 4.30% 598,890.60 14-0ct-2013 GIC-BNS RBC * 1,338,742.00 4.15% 1,640,564.30 16-Dec-20 13 Bond-Ontario RBC 999,807.77 3.35% 1,191,382.00 2-Dec-2014 TOTAL RESERVE FUND 35,282,632.29 TOTAL INVESTMENTS 35,282,632.29 * Investment interest paid on a semi-annual/annual basis 1506 Clarington REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MAY 3rd, 2010 Resolution#: By-laW#: Report#: FND-011-10 File#: Subject: ANNUAL LEASING REPORT - 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-011-10 be received for information. Submitted by: Reviewed by: Ol~~~ Franklin Wu, Chief Administrative Officer NT/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 1507 REPORT NO.: FND-11-10 BACKGROUND: PAGE 2 Under Ontario Regulation 653/05, the Treasurer is required to report annually to Council details of existing material leases confirming that they comply with the lease policy, a summary of material leases, estimated cost of the material leases and the impact of these leases on the financing arrangements and debt servicing levels of the Municipality. As required by the Municipal Act, 2001, Council adopted a Statement of Lease Financing Policies and Goals in report FND-021-03, on Monday, September 8,2003. To-date, Clarington has typically chosen to purchase or debenture (if necessary), rather than to use financial leases with the exception of small office equipment. All existing leases are immaterial according to Council policy and therefore have no impact on long term financing or debt service levels of the Municipality. The total of all of Clarington's minor leases do not exceed the threshold for a single lease to be material. CONCLUSION: At this time, the Municipality of Clarington does not have any material leases. It is recommended that this annual lease report be received for information in compliance with Ontario Regulation 653/05. 1508 HANDOUTS/CIRCULA TIONS GPA Clw:.pn TO: Mayor Abernethy and Members of Council FROM: Anne Greentree, Deputy Clerk DATE: April 29, 2010 RE: May 3,2010 GPA Meeting - Report EGD-017-10 Additional Rural Road Surface Improvements MEMO Further to Item 9 (c) of the above agenda, please find attached Report EGD-017 -10, regarding additional rural road surface improvements. a~~ {Jd\.. ,Anne Green r . - CAG/jeg c. Department Heads Remaining Distribution List for GPA Agenda Cl~n REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday May 3,2010 Report #: EGD-017-10 File#_ By-law # N/A Subject: Additional Rural Road Surface Improvements Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-017-10 be received; 2. THAT the requirements of the Purchasing By-law 2006-127 be waived; 3. THAT staff be authorized to increase the value of the High Float Resurfacing agreement With Miller Paving to accommodate the addition of locations at an estimated cost of $360,000.00 including construction, geotechnical, contingencies and administration; and 4. THAT funding for the additional project costs in the amount $360,000 be funded from the Tax Levy portion of the Pavement Rehabilitation Program approved in the 2010 Capital Budget. Re~ Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services ~ - Reviewed by: Franklin Wu ;f;I Chief Administrative Officer ASC/RAljo April 28,2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 REPORT NO.: EGD-017-10 PAGE 2 1.0 BACKGROUND 1.1 Through the evaluation of the Municipality of Clarington's roads network the following road sections were identified as potential candidates for rehabilitation to a hot mix standard: · Concession Road 3 - Providence Road to Regional Road 42 · Concession Road 4 - Golf Course Road to Walsh Road · Concession Road 5 - east of Pollard Road to East of Ochonski Road · Old Scugog Road - Concession Road 7 to 1000 m north 1.2 After review of the road section details it was determined that these rural roads typically experience less traffic than we would normally consider for a hot mix treatment and they are not immediately adjacent to a built up area thus not expected to experience a rapid increase in traffic volumes in the short term. Although these roads did not meet our typical criteria for hot mix rehabilitation we would like to add them to the current High Float Resurfacing Contract CL2009-05 awarded to Miller Paving in 2009 which has been extended for a second year in the amount of $838,000, and the recommended addition of $360,000 is in excess of what could be added under the existing terms and conditions without going to are-tender, consequently the waiving the purchasing by-law is requested. Based on the importance of these roads and the overall decline in a.large number of our rural roads we consider this a wise investment in moving towards bettering our overall rural road network. 2.0 APPROACH 2.1 As part of Clarington's annual review of the road network, staff utilize the Pavement Management System as a tool in providing direction to developing the road rehabilitation project list for the current budget year as well as forecasting for several years in the future. In addition, staff use their expertise and experience to evaluate the information that the Pavement Management System provides to refine the program details on a yearly basis. It was through this process and through REPORT NO.: EGD-017-10 PAGE 3 consultation with Operations Department staff that Engineering Services determined that the above noted road sections were not candidates for a hot mix rehabilitation treatment. 2.2 Due to their location in the overall rural road network it was also determined that these road sections are an important link in the overall network and considering the poor condition that they are currently in they need to be rehabilitated with a high float resurfacing treatment. 2.3 Miller Paving Limited was contacted to confirm that they were agreeable to holding their pricing with the addition of these extra road sections. Miller Paving Limited has confirmed their agreement to the additional works. 3.0 FINANCIAL IMPLICATIONS 3.1 The following provides a summary of the project costs associated with the addition of the subject roads to the High Float Resurfacing works: Length Rd. Section Location (m) Cost Concession Road 3 - Providence 1,650 $123,337.50 Road to Regional Road 42 Concession Road 4 - Golf Course 700 $37,992.50 Road to Walsh Road Concession Road 5 - east of Pollard 1,300 $75,985.00 Road to East of Ochonski Road Old Scugog Road - Concession 1,000 $74,750.00 Road 7 to 1000 m north Total Construction Costs for Additional Works $312,065.00 15% Geotechnical, Contingencies and $47,935.00 Administration Total Project Costs for Additional Works $360.000.00 REPORT NO.: EGD-017-10 PAGE 4 3.2 The additional project cost of $360,000.00 (construction, engineering, administration and contingencies) will be drawn from the 2010 Engineering Services Department Capital Budget Pavement Rehabilitation Program Account 110-32-330-83212-7401. 4.0 CONCLUSION 4.1 That the additional road sections noted above be added to the High Float Resurfacing agreement with Miller Paving Limited. 5.0 INPUT FROM OTHER SOURCES 5.1 This report has been reviewed for recommendation by the Purchasing Manager, Director of Finance, Director of Operations and with the appropriate departments and circulated as follows: Concurrence: Director of Engineering Services ~n MEMO CLERK'S DEPARTMENT To: From: Date: Subject: Mayor Abernethy and Members of Council Anne Greentree, Deputy Clerk April 30, 2010 GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA - MAY 3, 2010 - UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, May 3,2010: 6. DELEGATIONS See attached Final List. (Attachment #1) e()l Anne Gree AG/cf cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS GPA Meeting: May 3,2010 (a) Brad Arbour, Co-ordinator, Firehouse Youth Centre, Regarding An Update on Firehouse Youth Centre Activities (b) Kevin Anyan, Don Gleed, Tim Funchion, Regarding A Ribfest Update (c) Jim Richards, Requesting an Apology from Mayor Abernethy for Curtailing His Freedom of Speech as Guaranteed Under the Canadian Charter of Rights and Freedoms (d) Jeremy Woodcock, Regarding Policy H18 - Political Activities - the Recreation Centre's Rental Policy and a Violation of His Charter of Rights and Freedoms (e) Glen Genge, D.G. Biddle & Associates, Regarding PSD-057-10, Regarding Proposed Neighbourhood Design Plan and Official Plan Amendment to Add Three (3) Medium Density Residential Symbols and Change Housing and Population Targets in the Foster Neighbourhood of the Official Plan ~.,. ~','l . . MUNICIPAL DRINKING WATER PROTECTION AREA 1 .. .".:'" '" ---r .....~? ttee Municipality of Clarington General Purpose and Administration Comm May 3, 2010 Presentation Overview - .. . .......................................... . 0 Source Water Protection (SWP) (Act and Regulations) 0 SWP requirements 0 Wellhead Protection Area (WHPA) Program -previous studies 0 SWP (technical components) /' 0 Vulnerability analysis 0 Issues evaluation 0 Threats assessment 0 Results 0 Summary on Source Water Protecti 2006 Act (CWA), Water Clean o ~ATER~HED WhaC?!l!1~Jga.~ . Purpose: protect surface and groundwater sources from contamination and overuse (for now and for the future) o Focus: Objective: create a source protection plan for each SP region SUPPlY nking water municipal dr o o regulations SP Four ~ Courtosy ct ConsCNilllO,n Onlan<> ~'nT""'!"'... -"".-1\., ~"'L!!'j ....... ""'- 28~/07 source protection areas and regions 287/07 general 288/07 source protection committees 231/07 service of documents o o o o o Source Protection Requirement ... . ..................................................................... ........... 0 Required outcome: 0 Terms of Reference (TOR) 0 Assessment Report (AR) 0 SWP Plans 0 Source Protection Committee (SPC) 0 Municipal Working Group/Committee 0 Communication (public and stakeholders) 0 Technical Rules - Prescribed by the Province to identify drinking water threats 0 Durham Region - municipal water supplies 0 Vulnerability analysis 0 Issues evaluation 0 Threats assessment 0 Source Protection Area (SPA): 0 Water Budget 0 Highly Vulnerable Aquifers (HV A) 0 Significant Groundwater Recharge Area (SGRA) Durha.m Region - Groundwater WSP . . . ./ ... ,. -'- 1 -lIeavilftDn '-~~ // .,~ \', :"', _, f",' -~-'~~'_' -l J, _,' ... / ,- -- '<--~ Brock r ?. TWP ~~,. Cannlngton I ~ . ! < -t ~- ) Sunder~_ 0# L~R~~(. , .. ~} ~ S~'LS'ISP( -L UXbrIdge J: ~ ' TwP : ",./' - - ~ i. :G~k · "'J.~ l' ... . 4J-. (u~.,.., k -: ; n: ;\ ~""l ,Scu9,gg , . :-, TWP , ,,. / ..... ..- t :., f . ....... II J ... :a "'..- UXV1tle '-\,,~T' .. . POrt Perry ~ <<.:",. '- ,~ '""I ,,_ --..... . .....'11. . ... "'-_...}--.............-;;;;' ;t,-#: : . - -'.. 1 ~ <~.!, i i Cltyof j (. : I ~ I Pikering t , : I: ) :.i ..: Town of ;. r .,. ': Whitby ;: CT~ SPR TRCA , : .1\. \L- 1 t. "\ . . ..+-----\1 r '." I . ~t;. Jt ~ ! l,../ " " '/. "'\ '\ " 'Cilyol ! ~ .- .. ~ . l.. t;J Town 01 .' : C?shawa :t CLOCA ~ _L Ap.., r! t : \ . t ,'.'.' ,,',r I' 1# .t- :..;.~ I I'".. ..:....t 1 .. ..:\ l: .! is'~~~, J "',-;S\J, Bowman'lIIe" _ "-.-'"'' '>\ --Y '..., -------.,- "',_ !---__-J.. _lle - -..--......-... ""-- ., ........ '.-- 7' -- -. '" Lake Ontario Newcastle WSP ,.------ -'" Lake Simcoe --....:-- / ~ ~ ~ WHPAs ORONO Water Supply System (WSP) NEWCASTLE WSP BOWMANVILLE WSP on lition Ganaraska Region Conservati Authority (GRSA) on Coa Conservati Trent (TCC) .. YORK REGION Metropolitan Toronto ./" - .-' Municipal Wells - Orono .... . .......................... ........... ..................... - Municipal Well: MW3 MW4 MW5 Status: Active Standby Pending Connection ~___~~~~'~~__._'.._.~~~~.~~a~......-~..,...,~=._.~~~,_~~~___~~_..........~..~_~~~~~'~'.""'__~..'~"~~"___~.~_=_._~_'_~n._~_~'_," -----------~-~-~~~ Aquifer Sand and Gravel ~- Constructed: 1986 1986 2009 ~_______~=~~~"--"'=_______=~=~~~'=~~~~"""""_"""__T"~~~~~'~'=_'~___~=~'~~~~_~=~ "'=____.___.-_~_~~~.~.....~_""'_...__=_=____~a~~.~~....__....._.._...._.___..._._~..~, Depth (m): 13.72 13.72 15.54 Maximum Rate (Lis): 15.15 15.15 15.15 ~_____~---==-~=~"""""""'_~C~=.~=~'~~"""""""'''''~__~~'~''_'_=_~~'~'_=_'''~ '-~=.~~~-.~~ ._- Static Water Leve 1.76 0.67 1.38 (m below pipe): on Area Program Wellhead Protecti ii:! (i ~ I I f':; ~'I I; i~ X:'7il.!.. .,,",,- I.o~l ';1 " ,.~. ~ ...." 14~. - -- ....~1?,: ~ ~ WHPA 2003 Assessment of and use Education and outreach program Sentry well drilling Monitoring program WHPA sign ~~ ..........,... o o o o o o Vuln_~rability Analysis - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . , . . . Main factors to score relative vulnerability: o Distance to municipal well o Direction of groundwater flow o Type of soil above aquifer (clay vs. gravel) o Thickness of soil above aquifer (protection) o Man-made pathway WHPA A B C D HIGH 10 10 8 6 MEDIUM 10 8 6 4 lOW 10 6 4 2 10 ~ ~ 8 6 4 2 L Vulnerability .\- - . ...... D D D Qi ~ ii5 ~ scores ~----'" ~-'" \ \ ') i I I i / Vulnerability Scoring - - _ HIGH l1li MEDIUM DLOW . /' I \ , \ - - Aquifer vulnerability \~. . -::l ~ ~ - 5 Year TOT. - 25 Year TOT TOT . . ~\ --. . . _ WHPAA-100m "r- IIIiII WHPA B-2 Year .\1 . D WHPAC l\ D WHPAB [. J ~~, . + + ~ ~ ,~ .. .. Distance to well \ . . . . . ,. '. .. ~. . . . * i I ity Of Vulnerab Assessment A) Private Wells -=- -g-. t,~""'1 ~.~-- __m _ ~~./ -,.. - -,.-. ~, --- ~~ --- j~':::-_- ~---~~-- .....-~?:i -~- - ff ~-- I - - ..:::...._____ ~ ~- -,.... 10 years al pathways Wells -older than Preferent A Aggregate pits and quarnes B B) Pits and Quarries Building foundations c. B) AQUIFER VULNERABILITY INDEX (AVI VULNERABilITY TO TOP Of' "'ARGET AOUIFER- , USE INTERPRETED HYDRDSTflATK:<AAPHY (100"" GRID 8I.OCK$) 2 SelECT lAAGET AO\JIfER J ASSIGN K fAC10ll ~ ~ lOAOUlTARO ~ 1 TO....OUIFER . ESTIMATE AVI FQREACH LAVER 5 SUl.! ,WI CSTlUIl,T[OAOOvr TA,RG[T "OlurrR ^ND^-<;SIGN TO 100 mffilOmoexs fi V....lUESGROUPEO ....SH!GH. UEOlUM ...."-IDLOW II. Facio< :--l r-- Tt~cl<r'M;'$~ 1""""...."'''VI''''''''''"'''''1l1 I r^'1",r"'VI~""" = _^V'St()"l~)O ~"'VISt{)l'@~:lO~1lO Cliii:J Il,Vl s"o<t'l .8(1 ;~~~ :!:~:. .+ .. ,. . C) BUilding Foundations - Buned infrastructure REGIONAL M.....(",..I , ..- , .-' ~::~~:~~~~::::::::::~=;~~~;:::::::::::_::::--' ------ o .. t . .. ~. ~ "! . . \ . . . ------..-- 8EDROCK , " " '" " '" '" " 60-! ""-~ '" c . nking Threats List of Prescribed Dri ... ..... prescribed by n ki ng water the 21 the mo?aning of site witl11n PresClibed Threat The oSsta!)lishment opt3ration or maintenancoS ,)f ;) Part \.' of the Environmentc1.' Pw,.::ction .-4C~. maintenanc~ ,)f ;) 'system that ':olleci:~ '...'ast€- displ)~a Threat Number The applicatien of :)Qncultur31 ~o)urce mate-ria The stOr3goS of agricultural sOIJr.:e 'l1:lten3i. Toe management oj agricultural source material The applicatien .)f non-agriculturalsourco? material The handling and ~tol3Qe elf non-clgricultlJral s,)urce matenal The application I)f commercial fertiliz-er to an:!. Toe nandling and ~t.x;]ge elf commercial fertilizer. Toe application of p,,=,sticide to lanel. The nandling and ~torage elf :,,::sticlde. The applicatio)n of road salt The handling 3nd ~t'x;]ge of maei salt The :storage- of snow. The nandling ami stor3lJe of fuel. The handling an:l storaQe oj.:t de-nse nen-aqueous ph;]3'? The handlin~l and storage of an .xganic ~olvent. The management d runoff that contains chemic.als useG ,'::"n activity t..'1at takes .....ater frem an ~;Quifer or a ~lIrfa(e '.!.'ater taken to the same aQuif'?i or surfao:: water !)oxll' .o\n activity that reeluces the reGh3rge af an aquifer. )3stlJring lanel transmits store~ to land :,r The -2sta!)lishment op8rc,tion tr,,=,ats or clisposoSs of s.e,wJge lanel to 1 !j , B ~I G 1 .-, provincial dr th reats o s ead 19 related to water quality (Durham technical work) o t 2 related to water quantity (CA leads technical work) has th reat Each o o ~. ,) 4 esw numerous activit pie circumstance o@ holding mult the :Jircraft returning liquid the Ije-icinl) water b(o,jy withollt I:~ in 15 7 .;) 0- ,~ .:' -n Septic system, tank. sewers Numerous th reat Prescribed o o ar83 or a all outdocr confinement or -' The use o)f lane ~'ts liVE-stock grazing famh'tnimal ,'arc!.:::. F::eg. 38:./08. S 2C 21 circumstances chemicals) (pathogens, Drinking Water Threats Assessment . . o Threats assessment steps Step 1: identify threats o Activity-Identified in MOE Threats tables (Total:1943 - chemical and 28 pathogen circumstances) o Condition - contaminated soil ie. TCE, fuel, carbohydrates o Issue - contaminated water o Exceed Ontario Drinking Water Standards o Not naturally occurring o Unable to be treated ODWS) ( o moderate and low identify areas for significant, water threats o Step 2: drinking moderate and low ssuesand no . I o Step 3: enumerate significant drinking water threats There are no drinking water conditions in Orono WSP ssue I Orin-king Water 2 -- .~~ . .. . . . . 0 ---6... . Example of an ssue (i.e. Nitrate levels that exceed 10mg/L in well over time) Oat:ario 12 10 4 8 6 ,~ ...l .~ e - a o ";:l a e fi' o u Areas Where Threat Is Or Would Be Significant, Moderate And Low ................ . Chemicals DNAPL Cross-Reference to MOE Tables: ~1 "" '\ \.\ ..~ ~ ~ " : '''-L, . \. \ \ \~~ \ 1 ~ Pathogens Cross-Reference to MOE Tables: \ \ \ \ 1 I J I I .} ~ 75 Significant Threats Significant Moderate DLow D (DNAPL) Dense Non-Aqueous Phase Liquid DNAPL Significant Threats I Orono - Potentia ... ... Threat no. 3 Pathogen Agriculture source material (ASM) Circumstance 1 ASM is applied to land in any quantity, The application may result in the presence of one or more pathogens in the groundwater and surface water Threat no. 6 Non-agricultural source material NASM) Circumstance 27 The application of any quantity of NASM that contains materials from a seafood processing operation, a dairy producer, a dairy product manufacturing operation, an animal food manufacturing operation that manufactures food from animal sources, or a pulp and paper mill. Circumstance 28 The application of any quantity NASM that contains materials from a meat plant or sewage works Chemicals Circumstance 7 The ASM is applied to land located in a vulnerable area, where the managed land map shows a managed land percentage for the applicable area that is at least 40%, but not more than 80% and the livestock density map shows a livestock density for the applicable area that is sufficient to annually apply agricultural source material at a rate that is less than 0,5 nutrient units per itrogen in (chemicals acre, The application groundwater or Threat No. 10 Pesticides Circumstance 71-80, 82-86 Application of Pesticides may result in the presence of are: Atrazine, Dicamba, Dichlorophenoxy Acetic Acid, Dichloropropene-1,3, MCPA, MCPB, Mecoprop, Metalaxyl & Metolachlor) n may result in the presence of surface water. Significant Threats Significant Threat Counts By Vulnerability Score Threat VS=8 VS=10 Threat Number Parcels Threats Parcels Threats ption Oescri o Private sewage disposa (category) 2 o o o ASM application 3 o o o o o o 1 1 1 1 1 1 NASM application Pesticide application 6 10 Fue 15 o o o o o 1 o 3 storage Totals Orono - Summary ons ti ssues or cond nking water No dri o 1 parce with potenti . screening process through al significant threats - o schedule (TCC) on I iti Conservation Coa Trent May 2010 end of June 2010 Assessment Report (AR) - end of Posting on website and letter to public Public meeting - July, 2010 Final AR - August 30, 2010 Possible extension - October, 2010 o o o o o -....,- THANK YOU Director, Environmental Services Hydrogeologist John Presta, P.Eng., Beata Golas, P.Geo.,