HomeMy WebLinkAbout06/21/2010
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GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
TIME:
PLACE:
June 21,2010
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 June 7, 2010
401
5. PRESENTATIONS
(a) Dean Jacobs, Planner, Regarding Report PSD-079-10, Regarding the
Technology Park Secondary Plan, Amendment to the Official Plan
(b) Will McCrae and Derek Zoldy, AECOM, Regarding Report EGD-020-10,
Regarding the Mill Street Pedestrian Tunnel Status Update -
Newcastle Village
6.
DELEGATIONS
(Draft List at Time of Publication - To be Replaced with Final List)
601
(a) Heather Rutherford, Regarding Report PSD-078-1 0, Regarding the Green
Energy Act
7. PUBLIC MEETINGS
(a) Application to Amend Zoning By-law
Applicant: Jim Hamilton, Welcome Feeds
Report: PSD-075-10
8. PLANNING SERVICES DEPARTMENT
701
(a) PSD-075-10 Proposed Zoning By-law Amendment to Pennit a Fann- 801
Related Commercial Use - 2165 Highway 2, Maple Grove
Applicant: Jim Hamilton, Welcome Feeds
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
G.P. & A. Agenda
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June 21,2010
(b) PSD-076-10 Darlington New Nuclear Development Project 811
Response to Information Request from Joint Review Panel
(c) PSD-077-10 Port Granby Project - Resource Person for the Property 831
Value Protection Program; Consulting Agreement with
Realty Services Ltd.
(d) PSD-078-10 Green Energy Act 853
(e) PSD-079-10 Proposed Amendments to the Clarington Official Plan and 880
Zoning By-law for the Clarington Technology Business
Park Secondary Plan
(f) PSD-080-10 Release of Official Plan Review Discussion Paper 899035
Economic Base and Employment Lands Discussion Paper
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD-019-10 Monthly Report On Building Permit Activity For May, 2010 901
(b) EGD-020-10 Mill Street Pedestrian Tunnel Status Update - 907
Newcastle Village
10. OPERATIONS DEPARTMENT
(a) OPD-001-10 Support Our Troops Banners 1001
(b) OPD-002-10 2010 Winter Budget Report 1005
(c) OPD-003-10 Minimum Maintenance Standards 1009
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-008-10 Emergency and Fire Services - Governing By-law Update 1101
(b) ESD-009-10 Memorandum of Understanding - Canadian Red Cross 1139
(c) ESD-010-10 Monthly Response Report - April & May 2010 1146
12. COMMUNITY SERVICES DEPARTMENT
(a) CSD-008-10 Supplementary Rates and Fees
1201
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD-017-10 2010 Municipal Elections - Accessibility Measures 1301
G.P. & A. Agenda - 3 - June 21, 2010
(b) CLD-018-10 Appointment to Newcastle Arena Board 1319
(Confidential Attachment Distributed Under Separate
Cover)
14. CORPORATE SERVICES DEPARTMENT
(a) COD-027-10 Sport Field Joint Use Agreement - Kawartha Pine Ridge 1401
District School Board
(b) COD-030-10 Co-operative Tender No. T-279-2010 - Delivery of Sodium 1415
Chloride
(c) COD-031-10 Co-operative Tender No. T-282-2010 - Supply & Delivery 1420
of Winter Sand
(d) COD-033-10 2007/2008/2009 Arbitration Award for the Collective 1424
Agreement between the Corporation of the Municipality of
Clarington and Clarington Professional Fire Fighters
Association
(e) COD-034-10 Tender No. CL2010-23 - Driveway Tie-Ins 1447
(f) COD-036-10 Broadband - Rural Connections Program Application 1451
Under the Region of Durham 2010
(g) COD-037-10 CL201 0-1 0, Jane Street Reconstruction 1458
15. FINANCE DEPARTMENT
(a) FND-017-10 Building Pennit Fees Annual Report for 2009 1501
(b) FND-018-10 Report on Revenue Sensitive to Economic Conditions - 1505
May 2010
16. SOLICITOR'S DEPARTMENT
No Reports
17. CHIEF ADMINISTRATIVE OFFICE
(a) CAO-005-10 Energy Management Steering Committee - Update 1701
18. UNFINISHED BUSINESS
19. OTHER BUSINESS
20. COMMUNICATIONS
G.P. & A. Agenda
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June 21,2010
21. CONFIDENTIAL REPORTS
(a) CLD-019-10 Newcastle Recycling Property
Confidential (Distributed under Separate Cover)
22. ADJOURNMENT
Cl!l!ington
General Purpose and Administration Committee
Minutes
June 7, 2010
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, June 7, 2010 at 9:30 a.m. in the Council Chambers. .
ROLL CALL
Present Were:
Absent:
Also Present:
Deputy Mayor M. Novak
Councillor A. Foster
Councillor R. Hooper
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Mayor J. Abernethy
Chief Administrative Officer, F. Wu
Director of Community Services, J. Caruana
Director of Operations, F. Horvath
Acting Director of Planning Services, F. Langmaid
Director of Corporate Services & Human Resources, M. Marano
Director of FinanGelTreasurer, N. Taylor
Director of Emergency & Fire Services, G. Weir
Municipal Solicitor, Andy Allison
Manager of Transportation and Design, L. Benson
Deputy Clerk, A. Greentree
Clerk II, J. Gallagher
Deputy Mayor Novak, chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated at this meeting.
ANNOUNCEMENTS
Deputy Mayor Novak informed the Committee of the press release, dated June 4, 2010,
from the Region of Durham, announcing the decision by the Province of Ontario to allow
the Highway 407 East transportation corridor to proceed; allowing the extension of the
current highway from Brock Road in Pickering into the Municipality of Clarington. She
stated that she believes that this is an important announcement for the Municipality of
Clarington.
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General Purpose and Administration Committee
Minutes
June 7, 2010
Deputy Mayor Novak announced that she had attended the following:
. The Heroes Highway Ride event on Saturday, June 5, 2010 in support of the
men and women who serve/have served in the Canadian Forces and their
families. She stated that it was a moving experience to see the overwhelming
support for the event.
. Camp 30 as part of Doors Open Clarington. She thanked staff and volunteers for
their efforts.
. The 35th Anniversary of the Fosterbrooke Long Term Care Facility on Friday,
June 4th, which was well done, with a lot of activities. She thanked the volunteers
and congratulated Fosterbrooke.
. Tim Horton's Camp Day on Wednesday June 2nd. She thanked those that
supported this cause.
Councillor Hooper announced he attended the following:
. On Tuesday, June 1st, the Durham Region Employment Awards where the
Municipality of Clarington received an Accessibility Award. He also noted that
the Clarington Older Adults Association was recognized for their employment of
Mr. Black, who also received an Employee Award.
· Councillor Hooper expressed special thanks to Lou DeVuono, his committee
members and sponsors for their efforts in organizing the Heroes Highway Ride
held on June 5, 2010.
. The 8th Annual Alfie Shrubb 8K Classic held on June 6th 2010.
. Various Locations of Doors Open Clarington
Councillor Hooper reminded the Committee that the Rotary Ribfest will be held this
coming weekend, June 11 -13 on the playing field at the Garnet B. Rickard Recreation
Complex in Bowmanville. In addition, Councillor Hooper also announced that the
Fabulous Fifties Festival will be held June 17 - 18 in downtown Bowmanville.
Councillor Foster announced that he had attended the grand opening of the "Moda il
Salon" on Sunday, June 6, 2010.
Councillor Foster also attended the CAW 222 (St. Mary's Cement) event on
Wednesday, June 2, 2010.
Councillor Robinson attended the 10th Anniversary of the Newcastle Lions Club. He
noted that the Newcastle Lions recently surpassed the $100,000 mark for donations to
the Bowmanville Hospital. Councillor Robinson announced that the Bowmanville
Walmart will be holding their grand opening on Friday, June 11, 2010 at 7:00 a.m.
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Minutes
June 7, 2010
Councillor Woo announced that on Thursday, June 3rd, he attended the successful
Municipality of Clarington United Way Fundraiser at Boston Pizza. Councillor Woo also
mentioned that the Director of Operations, Fred Horvath, and his group, Rainstone,
performed at the event.
Councillor Woo announced that the Durham Region Police will be participating in the
Law Enforcement Torch Run for Special Olympics, "Flames of Hope", this coming
Thursday, June 10th at 9:00 a.m. The run will start in Newcastle and will end the run at
Boston Pizza. Councillor Woo also announced that there will be an information session,
entitled "Industrial Wind Turbines in our Community", hosted by Clarington Wind
Concerns on Thursday June 10th, at 7:00 p.m. at the Orono Arena in the upstairs hall.
He reminded the Committee that there will be a combined Church worship service at
Rotary Park on June 13th.
MINUTES
Resolution #GPA-332-10
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on May 17, 2010, be approved.
CARRIED
PRESENTATIONS
Kevin Myers, Manager of Wholesale Settlements, Veridian Connections, made a
PowerPoint presentation, with accompanying handouts, regarding Smart Meters and
Time of Use. Mr. Myers explained that a Smart Meter is a regular meter, which
measures the total amount of electricity consumed, records the time, provides
diagnostic information and is a radio transmitter. He explained that Time-of-Use (TOU)
is a billing rate schedule detailing what the customer is charged for electricity used
depending on the time of day, day of week and the season. Mr. Myers noted that the
TOU rates are tied to the level of demand on the system. The TOU rates are: off-peak
= 5.3 cents, mid-peak = 8.0 cents, on-peak = 9.9 cents. He noted that there is a
regulatory obligation to introduce Smart Meters and TOU as part of the Provincial plan
to help create a culture of conservation in Ontario. Mr. Myers explained that Veridian
collects data from every meter every day and manages the data between internal billing
and operational systems. He stated that this data is sent to a provincial Meter Data
Management Repository (MDMR) daily. Mr. Myers noted that when it is time to bill the
customer, the MDMR sends Veridian the determinants, and the bill is created. He noted
that most homes in Clarington have their smart meter installed and TOU bills will begin
in August. Mr. Myers explained the process prior to installing Smart Meters, as well as
the process after the Smart Meter is installed. He provided an example of the Smart
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General Purpose and Administration Committee
Minutes
June 7, 2010
Meter booklet and the customer web access. Mr. Myers explained that one month prior
to the TOU rates taking effect, a direct mailer will be sent to customers to introduce
TOU rates. He stated that a special edition customer newsletter will be included in the
July bill to remind customers of the change. In addition, Veridian will be making use of
newspaper advertising. Mr. Myers concluded with the statement that the Ministry of
Energy and Infrastructure is expected to begin a mass market media campaign soon.
DELEGATIONS
Stephanie Zibert, President of the North Durham Social Development Council (NDSDC)
and Benjamin Earle, Manager of Social Research and Planning, Community
Development Council Durham (CDCD), were present regarding a joint community
project between NDSDC and CDCD. They made a verbal presentation to accompany a
PowerPoint presentation. Ms. Zibert stated that they were present to update the
Committee on a project to improve collaboration and organizational capacity, enhance
the ability of community organizations to share and use information to address social
issues, and to improve community participation. Mr. Earle stated that this project is to
ensure that Clarington is included in the larger decision making processes. He
explained that they have engaged the community in order to obtain a social profile and
needs assessment. Mr. Earle stated that this research includes statistical data and GIS
mapping, focus group, and interview consultation. He explained that the collaborative
planning includes website development and a memorandum of understanding between
the NDSDC and CDCD. Mr. Earle noted that the information which they have obtained
has provided information on the following needs: need for high-quality and relevant
information, need for collaborative relationship in understanding and using information,
and the need for inclusive community participation in social planning. He explained that
the next year will be mostly strategic planning which includes the organization of
strategic planning meetings, enhancing membership, collaborative project proposals,
Town Hall meetings, and interactive website features. They requested Council's
support by attending their Town Hall meetings and participating in the discussions.
Jaki MacKinnon, Bethesda House, was present regarding the 'Walk A Mile in Her
Shoes" Event, which is a fund raiser for Bethesda House. Ms. MacKinnon made a
verbal presentation to accompany a video which was prepared by Community Services
of Durham Region. Unfortunately, a technical issue prevented the playing of the video.
Ms. MacKinnon stated that she was present to encourage participation in the upcoming
'Walk a Mile in Her Shoes" event on June 19th beginning at 11 :00 a.m. She stated that
their goal is to raise more than $20,000 through more than 100 walkers. She noted that
Councillor Woo was the top fund raiser last year. Ms. MacKinnon noted that shoes can
be rented (which can be reserved in advance) or participants can use their own shoes.
She stated that this year's event will be held in conjunction with the Fabulous Fifties
Festival. Ms. MacKinnon stated that she is looking for more participation from the fire
and police organizations this year. She stated that more information can be obtained
from Wendy Stahl at 905-623-6045 ext. 206.
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General Purpose and Administration Committee
Minutes
June 7, 2010
Victor Suppan, Chair of the Clarington Heritage Committee, was present regarding
Report PSD-072-10, regarding an addition to the Municipal Register of Properties of
Cultural Heritage Value or Interest, 7755 Old Scugog Road, Enniskillen (i.e. the
McLaughlin Shed). Mr. Suppan was present to support the addition of this property to
the Register. He stated that the Heritage Committee is pleased with staff's awareness
of heritage issues in their day-to-day activities. Mr. Suppan stated that the act of
placing this property on the Register informs developers, owners and the community of
the importance of heritage. He also stated that once a property is on the Register, there
would be a delay process to allow for adequate discussions on the merit of the building,
should any demolition permit be applied for regarding the property.
PUBLIC MEETING
(a)
Subject:
Application to Amend the Clarington Official Plan and Zoning
By-law
Lambs Road School Property Ltd.
PSD-068-10
Applicant:
Report:
Anne Taylor Scott, Planner, made a verbal and PowerPoint presentation to the
Committee regarding the application.
Mike Domovich spoke in opposition to the application. He stated that he had provided
the Planning Services Department with an objection letter and that he has further
comments on the application. Mr. Domovich stated his four concerns, being: not proper
planning, contrary to several sections of Official Plan, application is premature, and it is
unfair to other nearby landowners who have land with the same planning designation.
He explained that his property is further east of the subject property and is designated
as future residential. Mr. Domovich stated that it is piecemeal planning when it should
be comprehensive planning. He stated that since this it is part of a larger piece of land,
it should all be considered at the same time, including land owned by other property
owners. Mr. Domovich referred to a handout he provided to Deputy Mayor Novak, and
indicated that the subject property is not part of any' of the neighbourhood areas and
therefore not part of any neighbourhood plan. He noted that the western half of the 100
acres is environmentally protected, and the top half is already zoned future residential.
Mr. Domovich stated that there was formerly 40 acres zoned future residential and now
there are only 20 acres zoned future residential. He referred to section 5.3.5 of the
Municipality of Clarington Official Plan which states that "the redesignation of land from
Future Urban Residential Area to Urban Residential Area shall only be considered in the
context of a comprehensive review and update of the Official Plan undertaken by the
Municipality. No privately-initiated application for this purpose will be considered by
Council." Mr. Domovich noted that this is not being undertaken by Council and is not a
comprehensive review. He also referred to section 9.3.2 which states that "appropriate
planning studies shall be undertaken and this Plan shall be amended to incorporate
detailed land uses, population allocations and neighbourhood boundaries."
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General Purpose and Administration Committee
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Sher Leetooze rose to ask a question on whether they can provide written comments
and become an interested party even if they do not speak today. Deputy Mayor Novak
confirmed that written comments will become part of the final Planning report.
Clark Morawetz, Chair of the Clarington Branch of the Architectural Conservancy of
Ontario (ACO), spoke in support of the application. He thanked the 1000 people who
attended the Doors Open event this past weekend. He stated that the Clarington
Branch of the ACO supports Phase 1 of the planning application.
Tracy AIi spoke in support of the application. She stated that she supports Phase 1 of
the development and hopes that the development will help deter the vandalism and
scavenging to the historic sites. She thanked Kelvin Whalen and Kaitlin Homes for
allowing the subject property to be part of Doors Open Clarington.
William McGee spoke in support of the application. He stated that he is a veteran who
speaks in the schools. Mr. McGee stated that there are many volunteers anxious to get
involved in community projects. He stated that he is looking for tradespersons
interested in assisting in improving the buildings on the subject site. Mr. McGee stated
that he believes that every brick building should be maintained. He stated that he is
concerned that students cannot afford the current activities. Mr. McGee stated that
there are several ways that money could be raised to support the historical buildings on
the subject property. He concluded by stating that he is volunteering his time for the
"Kids for Kids" proposal for Camp 30, as indicated by his handout to the Committee.
Kelvin Whalen, Lambs Road School Property Ltd., was present as the applicant. He
stated that he was pleased with the attendance to Doors Open Clarington and was
pleased with the execution of the event. Mr. Whalen stated that he was available to
answer questions or concerns of the Committee.
RECESS
Resolution #GPA-333-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the Committee take a 10 minute recess until 11 :20 a.m.
CARRIED
The meeting reconvened at 11 :23 a.m.
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PLANNING SERVICES DEPARTMENT
APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-
LAW AND FOR A PROPOSED DRAFT PLAN OF SUBDIVISION
TO PERMIT 116 RESIDENTIAL UNITS
APPLICANT: LAMBS ROAD SCHOOL PROPERTY LTD.
Resolution #GPA-334-1 0
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-068-10 be received;
THAT the applications to amend the Clarington Official Plan (COPA 2009-0006) and
Zoning By-law 84-63 (ZBA 2009-0023) and for a proposed Draft Plan of Subdivision
(S-C-2009-0003) continue to be processed, including the preparation of a subsequent
report considering all agency comments and concerns raised at the Public Meeting; and
THAT all interested parties listed in Report PSD-068-10 and any delegations be advised
of Council's decision.
CARRIED
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF MAY 13, 2010
Resolution #GPA-335-10
Moved by Councillor Hooper, seconded by Councillor Robinson
THAT Report PSD-069-10 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
May 13, 2010 for applications A2009-0051 and A201 0-0018 through A2010-0020
inclusive, and that Staff be authorized to appear before the Ontario Municipal Board to
defend the decisions of the Committee of Adjustment.
CARRIED
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General Purpose and Administration Committee
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June 7, 2010
AMENDMENT TO APPLICATION FEES BY-LAW
REMOVAL OF FEES FOR PLANNING APPLICATION CIRCULATION BY OTHER
LOCAL MUNICIPALITIES
Resolution #GP A-336-1 0
Moved by Councillor Trim, seconded by Councillor Woo
THAT Report PSD-070-10 be received;
THAT the By-law Amendment attached to Report PSD-070-10, detailing the specific
amendments to By-law 96-032, being a By-law to require the payment of fees for
information and services provided by the Municipality of Clarington, as amended, be
approved; and
THAT neighbouring Municipalities be advised of Council's decision.
CARRIED
2009 GROWTH TRENDS REVIEW
Resolution #GPA-337-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-071-10 be received for information.
CARRIED
ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE
VALUE OR INTEREST, 7755 OLD SCUGOG ROAD, ENNISKILLEN
APPLICANT: KEITH MACKAY
Resolution #GPA-338-10
Moved by Councillor Woo, seconded by Councillor Foster
THAT Report PSD-072-10 be received;
THAT the accessory building (the McLaughlin shed) on the property identified as 7755
Old Scugog Road, Enniskillen, be added to the Municipal Register of Properties of
Cultural Heritage Value or Interest; and
THAT all interested parties listed in Report PSD-072-10 and any delegation be advised
of Council's decision.
CARRIED
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General Purpose and Administration Committee
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June 7, 2010
PROPOSED ZONING BY-LAW AMENDMENT TO ALLOW A MONTESSORI
SCHOOL FOR CHILDREN AGES 1 TO 14
80 RHONDA BOULEVARD
APPLICANT: WINTSER INVESTMENTS LIMITED
Resolution #GPA-339-1 0
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report PSD-073-10 be received;
THAT the rezoning application submitted by Wintser Investments Limited be approved
and that the proposed Zoning By-law contained in Attachment 2 to Report PSD-073-10
be passed; and
THAT all interested parties listed in Report PSD-073-10 and any delegations be advised
of Council's decision.
CARRIED
BOWMANVILLE WATERFRONT LAND ACQUISITION
153 PORT DARLINGTON ROAD
Resolution #GPA-340-1 0
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-074-10 be received;
THAT the property identified as 153 Port Darlington Road, Part Lot 11, Block B, Plan
H50073, Part Lot 9, Broken Front Concession, former Town of Bowmanville, be
approved for acquisition for the purchase price of $107,000.00, plus adjustments, and
that the Municipality pay $33,000.00 to indemnify the Vendors for costs incurred for
consulting fees, architectural drawings, permits and other expenditures subsequent to
the fire;
THAT the funds for the purchase, the indemnification, and any associated costs, be
charged to the Land Acquisition Account (110-50-130-85002-7401);
THAT the By-law attached to Report PSD-074-10 be passed to authorize the Mayor and
the Clerk, on behalf of the Municipality, to execute an agreement to acquire the
property; and
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June 7, 2010
THAT Staff and the Municipal Solicitor be directed to take all necessary actions to
complete the transaction.
CARRIED
ENGINEERING SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
COMMUNITY SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
CLERK'S DEPARTMENT
There were no reports to be considered under this section of the Agenda.
CORPORATE SERVICES DEPARTMENT
TENDER NO. Q2010-19 - SUPPLY, DELIVERY & INSTAllATION OF ONE (1)
COlUMBARIUM
Resolution #GPA-341-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report COD-022-10 be received;
THAT Rock of Ages Canada Incorporated, Stanstead, Quebec, with a total bid in the
amount of $31 ,972.00 (plus G.S.T.), being the lowest responsible bidder meeting all
terms, conditions and specifications of Quotation Q201 0-19, be awarded the contract for
Supply, Delivery & Installation of One (1) Columbarium, as required by the Municipality
of Clarington, Operations Department;
THAT the additional funds in the amount of $1,972.00 be drawn from the Cemeteries
Capital Reserve Fund; and
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General Purpose and Administration Committee
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THAT the funds expended be drawn from the Operations Department 2010 Capital
Account 110-36-326-83676-7401,
CARRIED
CL2010-19, CERTIFIED PLUMBING SERVICES
Resolution #GPA-342-1 0
Moved by Councillor Woo, seconded by Councillor Trim
THAT Report COD-023-10 be received;
THAT Brent's Plumbing, Courtice, Ontario, with a total bid price of $69,597.95
(excluding HST) be awarded the contract to provide Plumbing Services as required by
the Municipality of Clarington, for a three year term;
THAT pending satisfactory pricing and service the contract be extended for up to two
additional one year terms; and
THAT the funds expended be drawn from the various Current Operating Budget
Accounts. .
CARRIED
CL2010-20, CERTIFIED ELECTRICAL SERVICES
Resolution #GPA-343-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report COD-024-10 be received;
THAT George Moore Electric, Orono, Ontario, with a total bid price of $78,709.31
(excluding HST) be awarded the contract to provide Electrical Services as required by
the Municipality of Clarington, for a three year term;
THAT pending satisfactory pricing and service the contract be extended for up to two
additional one year terms; and
THAT the funds expended be drawn from the various Current Operating Budget
Accounts.
CARRIED
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June 7, 2010
TENDER NO. CL2010-15 - SUPPLY & DELIVERY OF ONE (1) 60,000 G.V.W.
TANDEM DIESEL STREET FLUSHER TRUCK
Resolution #GPA-344-1 0
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-025-10 be received;
THAT Joe Johnson Equipment, Innisfil, Ontario, with a total bid in the amount of
$179,766.16 (net of H.S.T. rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL201 0-15, be awarded the contract for
Supply & Delivery of One (1) 60,000 G.V.W. Tandem Diesel Street Flusher Truck, 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
CO-OPERATIVE TENDER NO. T-280-2010 - SUPPLY AND DELIVERY OF SODIUM
CHLORIDE
Resolution #GPA-345-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report COD-026-10 be received;
THAT The Canadian Salt Company Limited, Mississauga, Ontario, with a total bid price
of $1 ,786,470.07 (net of H.S.T. rebate), for the Municipality of Clarington's requirements
for sodium chloride for the next three years, being the lowest responsible bidder
meeting all terms, conditions and specifications of the Co-operative Tender T -280-2010,
be awarded the contract to supply approximately 27,300 tonnes of sodium chloride, as
required by the Municipality of Clarington Operations Department;
THAT pending satisfactory pricing and service and approval by the Durham Purchasing
Co-operative, the contract be extended for a fourth and fifth year; and
THAT the funds expended be drawn from the Operations Department Winter
Control/Sanding/Salting Miscellaneous Operating Supplies
Accou tit 1 00-36-383-1 0295-7712.
CARRIED
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June 7, 2010
CL2010-17 GARBAGE AND RECYCLE COLLECTION AND DISPOSAL
Resolution #GPA-346-10
Moved by Councillor Trim, seconded by Councillor Woo
THAT Report COD-028-10 be received;
THAT J & F Waste Systems Inc., Ajax, Ontario, with an estimated yearly cost of
$49,313.14 (net of HST Rebate), being the lowest responsible bidder meeting all terms,
conditions, and specifications of Tender CL201 0-17, Supply of Garbage and Recycling
Containers and Collection and Disposal from Various Municipal Locations be awarded
the contract as required by the Municipality of Clarington for a three year term beginning
July 1,2010; ,
THAT pending satisfactory pricing and service the contract be extended for up to two
additional one year terms; and
THAT the funds expended be drawn from the respective operating budgets.
CARRIED
RFP201 0-01 , MULTIFUNCTIONAL DIGITAL COPIERS
Resolution #GPA-347-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report COD-029-10 be received;
THAT the proposal received from Ricoh Canada Inc., Toronto, Ontario being the most
responsive bidder meeting all terms, conditions and specifications of Request for
Proposal RFP2010-01 be awarded the contract for the Supply and Maintenance of
Digital Multifunction Copiers for the Municipality of Clarington, Various Departments for
a five year term. The estimated annual value of this contract is $51,501.76 (net of HST
rebate); and
THAT the funds be drawn from the current operating budget
Accou nt # 1 00-16-130-00000-7152.
CARRIED
- 13-
413
General Purpose and Administration Committee
Minutes
June 7,2010
TENDER NO. CL2010-13, GARNET B. RICKARD RECREATION COMPLEX-
CHANGE ROOM & SEATING RENOVATIONS
Resolution #GPA-348-10
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Report COD-032-10 be received;
THAT Trustco Construction Ltd, Markham, Ontario, with a revised bid in the amount of
$480,700.00, plus HST, being the lowest responsive bidder meeting all terms,
conditions and specifications of Tender CL201 0-13, be awarded the contract for the
Garnet B. Rickard Recreation Complex - Change Room and Seating Renovations,
Bowmanville;
THAT the expenditure in the total amount of $526,200.00 ($480,700.00 tender plus
contingency), be charged to the account # 110-42-421-84269-7401 (RinC);
THAT the additional funds required of $80,700.00 be drawn from the General Municipal
Purposes Reserve Fund; and
THAT the By-law attached to Report COD-032-10 marked Schedule "A" authorizing the
Mayor and the Clerk to execute the necessary agreement be approved.
CARRIED
FINANCE DEPARTMENT
ANNUAL COMMODITY HEDGING REPORT - 2009
Resolution #GPA-349-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report FND-014-10 be received for information.
CARRIED
- 14-
414
General Purpose and Administration Committee
Minutes
June 7, 201.0
ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUND FOR
THE YEAR ENDED DECEMBER 31, 2009
Resolution #GPA-350-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report FND-015-10 be received; and
THAT a copy of Report FND-015-10 be sent to the Ministry of Municipal Affairs and
Housing.
CARRIED
REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - APRIL 2010
Resolution #GPA-351-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report FND-016-10 be received for information.
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
PRESENTATION OF KEVIN MYERS, MANAGER OF WHOLESALE SETTLEMENTS,
VERIDIAN CONNECTIONS, REGARDING SMART METERS AND TIME: OF USE
Resolution #GPA-352-1 0
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the presentation of Kevin Myers, Manager of Wholesale Settlements, Veridian
Connections, regarding Smart Meters and Time of Use, be received with thanks.
CARRIED
-15-
415
General Purpose and Administration Committee
Minutes
June 7, 2010
DELEGATION OF STEPHANIE ZIBERT, PRESIDENT OF THE NORTH DURHAM
SOCIAL DEVELOPMENT COUNCIL (NDSDC) AND BENJAMIN EARLE, MANAGER
OF SOCIAL RESEARCH AND PLANNING, COMMUNITY DEVELOPMENT COUNCIL
DURHAM (COCO), REGARDING A JOINT COMMUNITY PROJECT BETWEEN
NDSDC AND COCO
Resolution #GPA-353-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the delegation of Stephanie Zibert, President of the North Durham Social
Development Council (NDSDC) and Benjamin Earle, Manager of Social Research and
Planning, Community Development Council Durham (CDCD), regarding a joint
community project between NDSDC and CDCD, be received with thanks.
CARRIED
DELEGATION.OF JAKI MACKINNON, BETHESDA HOUSE, REGARDING THE
"WALK A MILE IN HER SHOES" EVENT
Resolution #GPA-354-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the delegation of Jaki MacKinnon, Bethesda House, regarding the 'Walk A Mile in
Her Shoes" Event, be received with thanks.
CARRIED
OTHER BUSINESS
DURHAM CHILDREN'S AID SOCIETY FUNDING
Resolution #GPA-355-1 0
Moved by Councillor Foster, seconded by Councillor Trim
WHEREAS the Durham Children's Aid Society is a mandated service under the Child
and Family Services Act to provide child welfare services and the Ministry of Children
and Youth Services is obliged to fund mandatory child welfare services;
WHEREAS Ministry funding to Children's Aid Societies in Ontario was approximately
$23 million less than 2008/09 year when approximately $67 million total budgetary
shortfall was projected by these agencies province-wide at the beginning of 2009/10
fiscal year;
- 16 -
416
General Purpose and Administration Committee
Minutes
June 7, 2010
WHEREAS Children's Aid Societies provincially have implemented cost cutting
measures reducing the shortfall to approximately $54 million at the end of December
2009 and the Ministry provided one-time additional funding of $26.9 million in February
2010 leaving a province-wide deficit of approximately $27 million;
WHEREAS the Durham Children's Aid Society is the fourth largest in the Province and
serves a growing and diverse region that has the highest level of children living in
poverty in single parent families in the GT A and has been hard hit by job loss in the
automotive and related industries with resulting increases in demands for Durham CAS
services compared to 2008/09 year;
WHEREAS the provincial funding formula for Children's Aid Societies is extremely
complex and inequitable with Durham CAS receiving less funding to deliver the same
services as comparable Children's Aid Societies and is also currently forecasting a
2009/10 deficit of $3.8 million on a $71.6 million budget submission;
WHEREAS efforts at a resolution of the funding shortfall with the Province have been
unsuccessful so far; and
WHEREAS the consequences of a Ministry direction to balance the Durham CAS
budget for 2010/2011 are that 123 children or youth representing 14% of the in-care
population would be discharged and that 64 staff positions representing 18% of the
workforce would be terminated resulting in: increased risk to children and families;
poorer outcomes for children in care; decreased ability for Durham CAS to fulfil its legal
mandate; reduction or elimination of services and programs; further stress on other
social service providers throughout Durham Region; and, a negative impact on the local
economy and social infrastructure;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington respectfully requests the Government of Ontario to provide equitable and
appropriate funding for mandated services provided by the Durham Children's Aid
Society; and
FURTHER THAT copies of this resolution be sent to the Premier of Ontario, the Minister
of Children and Youth Services and to the Commission to Promote Sustainable Child
Welfare and Durham's MPPs and Durham Region Municipalities.
CARRIED
- 17 -
417
General Purpose and Administration Committee
Minutes
June 7, 2010
ORONO ATHLETIC ASSOCIATION GRANT
Resolution #GPA-356-1 0
Moved by Councillor Robinson, seconded by Councillor Trim
WHEREAS the Orono Athletic Association has received a Municipal grant of $2500; and
WHEREAS they have incurred an additional previously unanticipated expense to
replace soccer nets after their submission for the grant which was not included in their
2010 budget;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington grant an
additional $2,000 to go towards the purchase of soccer nets, with the funds to be
expended from the CommunityGrants Program.
CARRIED
LETTER OF THANKS TO LOU DEVUONO, ORGANIZER OF HEROES HIGHWAY
EVENT
Resolution #GP A-357 -10
Moved by Councillor Hooper, seconded by Councillor Woo
THAT a letter of thanks be forwarded to Mr. Lou DeVuono, organizer of the Highway of
Heroes event held on Saturday, June 5, 2010.
CARRIED
\
EDUCATION OF RESIDENTS REGARDING BALLOT QUESTION REGARDING
DIRECT ELECTION OF REGIONAL CHAIR
Councillor Trim rose to express his concerns with Council's previous decision to not
proceeed to educate residents on the potential implications of direct election of the
Regional Chair.
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.
- 18-
418
General Purpose and Administration Committee
Minutes
June 7, 2010
ADJOURNMENT
Resolution #GPA-358-1 0
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 12:36 p.m.
CARRIED
MAYOR
DEPUTY CLERK
- 19 -
419
DRAFT LIST
OF DELEGATIONS
GPA Meeting: June 21, 2010
(a) Heather Rutherford, Regarding Wind Turbines
601
CLarJogtoo
AN APPUCATION TO AMEND THE CLARINGTON ZONING BY-LAW 84-63
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning
By-law Amendment, under Section 34 of the Planning Act, 1990, as amended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment submitted by Jim Hamilton (Welcome Feeds) would allow a farm-related
commercial use (retail feed store and warehouse) in addition to all uses already permitted on the site.
The subject property is located at 2165 Highway 2; Part Lot 20, Concession 2, Fonner Town of Darlington, as
shown on reverse.
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington has deemed the Zoning By-law
Amendment application submitted complete for processing, circulation and review.
Planning File No.: ZBA 2010-0010
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 infonnation relative to the proposed c1evelapment. The public
meeting will be held on: .
DATE: Monday, June 21, 2010
TIME: 9:30 a.m.
PLACE: Council Chambers, r' Floor, Municipal Administrative Centre,
40 Temperance Sl, Bowmanvllle, Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
oppOsition to the proposal. The start time listed above reflects the time at which the General Purpose and
Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday, June 28, 2010, commencing at 7:00 p,m. Should you wish to appear before Council, you must
register with the Clerks Department by the Wednesday noon, June 23, 2010 to have your name appear In the
Agenda,
COMMENTS OR QUESTIONS?
If you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law, Zoning By-law
Amendment, or of the refusal of a request to amend the Zoning By-law, you must make a written request to the
Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmal)vile, Ontario L 1C 3A6.
Additionallnfonnation relating to the proposal is av~i1able for inspection between 8:30 a.m. and 4:30 p.m. at the
Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Mitch
Morawetz at (905) 623-3379 extension 331 or by e-maIl atmmorawetztalclarinaton.net. .
APPEAL
If a person or pubHc body does not make oral submissions at a public meeting or make written submissions to the
Municipality of Clarington Planning Services Department before the proposed Zoning By-law or Zoning By-law
Amendment is approved, the person or public body is not entitied to appeal the decision of Clarington Council to
the Ontario Municipal Board.
If a person or public body does not make oral submissions at a public meeting or make written submissions to the
Municipality of Clarington before the proposed Zoning By-law or Zoning By-law Amendment is approved, the
person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board
unless, in the opinion of the Board, there are reasonable grounds to add .the person or public body as a party.
Dated at the Municipality of Clarington this 21 st day of May, 2010.
40 Temperance Street
Bowmanvllle, Ontario
L 1C 3A6
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Zoning By-law Amendment
SPA 2010-0010
Owner: JlmlKettly Hamilton
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REPORT
PLANNING SERVICES
PUBLIC MEETING
M~eting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21,2010
Resolution #:
By-law #:
Report #: PSD-075-10
File #: ZBA 2010-0010
Subject:
PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A FARM-RELATED
COMMERCIAL USE - 2165 HIGHWAY 2, MAPLE GROVe
APPLICANT: JIM HAMILTON - WELCOME FEEDS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-075-10 be received;
2. THAT the rezoning application submitted by Jim Hamilton continue to be processed
including the preparation of a further recommendation report; and
3. THAT all interested parties listed in Report PSD-075-10 and any delegations be advised
of Council's decision.
,( Reviewed by: d~
a Langma', FSCLA, MCIP ~wu
ing Director, Planning Services ~ Chief Administrative Officer
MM/COS/df
June 16,2010
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-075-10
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: D.G. Biddle & Associates Limited
1.2 Owner: Jim Hamilton
1.3 Proposal: To permit a feed store use in addition to the residential use already
permitted on the site.
1.4 Area: 0.32 hectares
1.5 Location: 2165 Highway 2, Maple Grove
2.0 BACKGROUND
2.1 On April 16, 2010, D.G. Biddle & Associates Limited on behalf of Jim Hamilton
submitted an application for rezoning of the lands known as 2165 Highway 2 in Maple
Grove. The purpose of the application is to permit a farm-related commercial use (retail
feed store and warehouse) in addition to all uses already permitted on the site. The
Applicant has submitted a Planning Justification Report and Phase I and II
Environmental Site Assessment Reports in support of the application. These are
reviewed in Section 7 of this report.
2.2 Historically the subject property was used as a service station and residence. The
service station use is believed to have ceased prior to the early 1990's and it is not
known when that use began. According to assessment records, the site was originally
developed in the 1920's for residential purposes. The property was zoned Agricultural
in the Darlington Zoning By-law and became zoned Residential Hamlet and Agricultural
in Zoning By-law 84-63. Currently the property is being used exclusively as a hamlet
residential property.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The property is 0.32 Hectares in size and contains a single detached dwelling, an old
shed (proposed to be removed) and a former service station building (Photograph 1).
There is a dug well and a drilled well on site. The dug well will be decommissioned and
the drilled well will provide water to both the business and the dwelling on the subject
property.
3.2 The surrounding uses are as follows:
North - Residential
South - Residential and Agricultural
East - Residential
West - Residential
802
REPORT NO.: PSD-075-10
PAGE 3
Photograph 1: Former service station building
to be renovated and expanded (August 18, 2009)
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement (PPS)
The 2005 PPS states that land must be carefully managed to accommodate appropriate
development to meet the full range of current and future needs, while achieving efficient
development patterns. It also requires that these development patterns optimize the
use of land, resources and public investment in infrastructure by occurring adjacent to
the existing built-up area and providing for a mix of uses. The use of existing
infrastructure should be optimized, wherever feasible, before consideration is given to
developing new infrastructure and public service facilities. This proposal will not require
the extension or upgrade of Municipal services or roadways and is therefore consistent
with the PPS. .
4.2 Provincial Growth Plan
The subject property is located within a rural settlement area. Rural settlement areas
are key to the vitality and economic well-being of rural communities. Rural settlement
areas should serve the needs of the rural residents. The proposed feed store will
support the residents of the local hamlet as well as the needs of the broader agricultural
and non-agricultural community in the surrounding area.
This application conforms with the Provincial Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham ReQional Official Plan
The lands subject to this application are designated "Hamlet" in the Durham Regional
Official Plan. Hamlets shall be developed in harmony with surrounding uses and may
consist of single detached dwellings, community facilities, employment uses and
803
REPORT NO.: PSD-075-10
PAGE 4
commercial uses that meet the needs of the residents of the hamlet and surrounding.
rural area. Development within hamlets shall preserve the cultural attributes and
heritage of the community. This application conforms to the policies of the Durham
Region Official Plan by retaining the single detached dwelling and permitting a new
commercial use which will serve the needs of the residents of the hamlet and
surrounding rural area.
5.2 Clarinaton Official Plan
The Clarington Official Plan designates the subject property "Hamlet Residential". The
predominant use of lands shall be single detached residential dwellings. Other uses
such as farm-related commercial uses are also permitted provided such uses are
compatible with surrounding uses and do not detract from the character of the hamlet.
Development within the hamlet shall complement and enhance the historic character of
the hamlet and provide buildings designed to complement the architecture of the
existing buildi~gs. .
Chapter three of the Clarington Official Plan speaks to the principles of healthy
communities and growth management. A competitive, adaptable economic
environment will be promoted to encourage investment and diversity of employment
opportunities. Hamlet growth will take place in the context of clear boundaries to
prevent urban sprawl. The application conforms to the Clarington Official Plan Policies.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands Hamlet Residential (RH) and Agricultural
(A). The zoning permits single detached dwellings, home occupations and places of.
worship. Since this lot is proposed to be used for a feed store, in addition to the existing
residential use, a Zoning By-law amendment is required. The Zoning By-law
amendment is intended to permit a farm-related commercial use in addition to all uses
already permitted on the site.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 A Planning Justification Report was submitted by D.G. Biddle and Associates Limited in
support of this application. This report provided an overview of the property and the
surrounding area together with a review of relevant local, Regional and Provincial
Planning documents. The Applicant's consultant suggests that the proposed rezoning
application is consistent with current planning policy and represents good planning.
7.2 As noted earlier in this report, in addition to a Planning Justification Report, the
Applicant also submitted a Phase 1 and Phase 2 Site Assessment Report in support of
this application. The reports were submitted to address the historical use of the property
as a service station. These reports concluded that this property has a low level of
concern from an environmental perspective.
804
REPORT NO.: PSD-075-10
PAGE 5
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
properties and a public meeting notice was installed on the site. As of the writing of this
report, we have not received any objections. Three nearby residents/property owners
have verbally expressed interest in this application. Concerns over well and septic
issues, traffic and lighting were expressed.
9.0 AGENCY COMMENTS
9.1 The Municipality of Clarington Emergency Services Department and the Central Lake
Ontario Conservation Authority offered no objections to the application.
9.2 The Clarington Engineering Services Department state that they have no objection, in
principle, to the proposed zoning change. They reserve the right to comment further at
the Site Plan approval stage.
9.3 The Durham Region Health Department offered no objection to the rezoning application
but did state that the existing dug well on the property must be properly
decommissioned.
9.4 The Durham Region Works Department offered no objection to the rezoning application.
A road widening of approximately 5 metres is to be dedicated to the Region. Access to
the site is to have a throat width of 8.0 metres.
9.5 The Durham Region Planning Department commented that the proposed amendment
may be permitted within the Hamlet designation. A Record of Site Condition (RSC) for
the Phase I and Phase II Environmental Site Assessment (ESA) must be submitted to
the Ontario Ministry of the Environment (MOE). An "Acknowledgement letter" from the
MOE, which acknowledges the RSC and indicates the site has not been selected for
audit, shall then be provided to the Region and will become a condition of site plan
approval.
1 0.0 STAFF COMMENTS
10.1 Maple Grove is a busy, high traffic hamlet. The subject property is located on Highway
2 and residents in the area experience a high volume of traffic passing by. While Maple
Grove is located adjacent to Bowmanville, it is largely surrounded by rural land including
farms and rural residences. The farms in this area are diverse including dairy, beef,
sheep, egg and poultry among other non-livestock farms.
10.2 The applicant is proposing to construct a new feed store including warehouse space.
The proposed use of this property will not significantly change the volume of traffic on
this portion of Highway 2. Welcome Feeds is a retail and wholesale business operated
during normal business hours and will benefit from the access and exposure that
Highway 2 offers. The applicant advises that currently, about 60% of their business is
805
REPORT NO.: PSD-075-10
PAGE 6
directly related to serving the agricultural industry. Loud equipment, dust and odours
are not expected from the proposed use. This business, with appropriate mitigating
measures, will complement the hamlet. Landscaping will be appropriate for the business
and hamlet, lighting will be minimal, the driveway and required parking area will be fully
accommodated and all business activity (loading and customer doors) will be focused
towards the centre of the lot, away from adjacent properties.
10.3 The single detached dwelling is to remain on the property and continue to be used for
residential purposes. The feed store will be partially comprised of the existing former
service station building located near the front of the property. Continuing the use of the
residence and reusing the existing former service station building is preferable from
both an environmental and streetscape maintenance perspective. The applicant wishes
to begin construction during the fall of this year, pending approval.
10.4 This application conforms to the Clarington Official Plan and is consistent with the
Provincial Policy Statement. The Durham Region Planning Department confirmed that
the application conforms with the Durham Region Official Plan.
10.5 Staff will continue to work with the applicant through the site plan approval process to
address any issues or concerns that may arise regarding the development of the site for
the feed store
11.0 CONCLUSION
11.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the
Planning Act. It is respectfully recommended that this report be referred back to Staff
for further processing and the preparation of a subsequent report.
Staff Contact: Mitch Morawetz
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
D.G. Biddle & Associates
Jim Hamilton
Allen Thompson
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Attachment 2
To Report PSD-075-10
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 2010-0010;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
i)
c. iii), those lands zoned "C3-9"
used in accordance with the
1. Section 18.4 "Special Exceptions - Hamlet C
amended by adding thereto, the following n
follows:
"18.4.9 Hamlet Commercial Exception
Notwithstanding the provisions
on the Schedules to this By
following:
a. Definitions
hment: Shall mean a farm-related
ale, required in close proximity to a farm
s of farming and shall include a feed store.
b.
mmercial establishment;
dwelling;
c.
i) Interior Side Yard (minimum)
ii) Total Floor Area (maximum)
3 metres
500 square metres
2. Schedule "18" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Residential Hamlet (RH) Zone" to "Hamlet Commercial (C3-9) Zone"
3. Schedule "A" attached hereto shall form part ofthis By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
808
BY-LAW read a first time this
day of
BY-LAW read a second time this
day of
BY-LAW read a third time and finally passed this
day of
2010
2010
2010
Jim Abernethy, Mayor
rrie, Municipal Clerk
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This is Schedule "A" to By-law 2010-
-
passed this day of
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c:zJ Zoning Change From "BH" To "C3-9"
E83I Zoning Change From "A" To "C3-9"
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Cieri<
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Cl~n
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21,2010
Resolution #:
By-law #: N/A
Report #: PSD-076-10
File #: PLN 26.15
Subject:
DARLINGTON NEW NUCLEAR DEVELOPMENT PROJECT
RESPONSE TO INFORMATION REQUEST FROM JOINT REVIEW PANEL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-076-10 be received and approved as the Municipality of Clarington's
response to the letter dated March 25, 2010 from Mr. Alan Graham, Chair of the Joint
Review Panel for the Darlington New Nuclear Power Plant Project;
2. THAT Council adopt the following resolution:
"WHEREAS the Darlington Nuclear Generating Station has been a significant part
of the Municipality of Clarington since the 1980s, and has provided many positive
benefits to the community with minimal adverse effects on the natural environment;
AND WHEREAS Municipality of Clarington Council and Staff have attended
numerous meetings and information sessions with respect to the Darlington New
Nuclear Power Plant Project and are therefore very knowledgeable with respect to
the Project;
AND WHEREAS the Municipality of Clarington retained a qualified team of
professionals to undertake a detailed peer review of the draft Environmental Impact
Statement for the Darlington New Nuclear Power Plant Project and, on the basis of
this peer review, can state with confidence that the Environmental Impact Statement
meets the requirements of the Guidelines for the preparation of the document and
that it satisfactorily addresses the Municipality's issues and concerns with respect
to the Project;'
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
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REPORT NO.: PSD-076-10
PAGE 2
AND WHEREAS the Council and the residents of the Municipality of Clarington
have been steadfast in their support for the proposed Darlington New Nuclear
Power Plant Project and are eager to have nuclear power generation continue as a
positive presence in our community;
AND WHEREAS Council and the community of Clarington are very concerned that
the Joint Review Panel is considering the use of cooling towers for the Darlington
New Nuclear Power Plant Project in order to minimize the impact on aquatic
organisms and habitat;
AND WHEREAS the Municipality of Clarington's peer review of the Draft
Environmental Impact Statement for the Darlington New Nuclear Power Plant
Project agreed with the study's conclusions that the once-through lakewater cooling
system as recommended by Ontario Power Generation would operate with minimal
impact on the aquatic organisms and habitat in Lake Ontario, while the construction
and operation of cooling towers would result in long term adverse impacts on the
socio-economic environment of Clarington and Durham Region;
NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of
Clarington hereby advises the Joint Review Panel that it supports a once-through
lakewater cooling system for the Darlington New Nuclear Power Plant Project and
strongly opposes the use of any cooling tower technology;
AND FURTHER THAT the Council of the Municipality of Clarington strongly urges
the Joint Review Panel to give appropriate consideration to the negative socio-
economic effects on the Municipality of Clarington and Durham Region that would
result from the construction and operation of cooling towers for the Darlington New
Nuclear Power Plant Project"; and
3. THAT a copy of Report PSD-076-10 and Council's decision be forwarded to the Joint
Review Panel for the Darlington New Nuclear Power Plant Project, Ontario Power
Generation, the Regional Municipality of Durham, the City of Oshawa, the Clarington
Board of Trade, and the Central Lake Ontario Conservation Authority.
Reviewed by: ~
, FCSLA, MCIP F nklinWu,
r of Planning Services ~ Chief Administrative Officer
JAS/df.
11 June 2010
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REPORT NO.: PSD-076-10
PAGE 3
1.0 PURPOSE OF REPORT
1.1 In March 2010, the Municipality of Clarington received a letter from the Joint Review
Panel (JRP) established by the Canadian Nuclear Safety Commission and the
Canadian Environmental Assessment Agency to undertake the regulatory review of the
Darlington New Nuclear Development (NND) Project (see Attachment 2). The letter
requested the Municipality to provide information regarding its responsibilities as they
relate to the NND Project, and also to provide the Municipality's comments on the
Environmental Impact Statement (EIS) prepared by Ontario Power Generation (OPG)
for the Project.
1.2 The purpose of this report is to provide the Municipality's response to the information
requested by the JRP in its March 25, 2010 letter.
2.0 BACKGROUND
2.1 The Government of Ontario has directed OPG to initiate the federal approvals process
to construct new nuclear generating capacity at the existing Darlington Nuclear
Generating Station (DNGS) to help meet the Province's base load electrical
requirements.
2.2 New nuclear power plant projects require the following licences under the federal
Nuclear Safety and Control Act: site preparation licence, construction licence, operating
licence (which is reviewed and renewed on a regular basis), decommissioning licence,
and a licence to abandon. OPG initiated the licensing process for the NND Project in
September 2006 by submitting a preliminary application for a site preparation licence to
the Canadian Nuclear Safety Commission.
2.3 This application also triggered the need for OPG to undertake an Environmental
Assessment (EA) for the NND Project pursuant to the Canadian Environmental
Assessment Act. OPG initiated work on the EA and the preparation of an EIS in
accordance with Guidelines issued by the federal government and formally submitted
the EIS and a revised application for a site preparation Iicenc~ to the JRP on September
30, 2009.
2.4 Over the past several months, the JRP has requested OPG to provide additional
information on these two documents in response to queries from various federal review
agencies. A six month public review period was also initiated on November 16, 2009,
although the JRP has subsequently extended the length of the review period a number
of times to coincide with the information requests. Once the JRP is satisfied with the
completeness of the information presented in the EIS, it is expected to schedule the
hearing for the site preparation licence, with the hearing for the construction licence to
be held sometime later.
2.5 OPG provided funding to the Municipality of Clarington, as the host community, to retain
qualified professionals to undertake a peer review of the draft EIS prior to its submission
for federal review and approvals. This peer review is discussed in more detail in
Sections 4.3 and 4.4 of this report.
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REPORT NO.: PSD-076-10
PAGE 4
3.0 OVERVIEW OF DARLINGTON NEW NUCLEAR DEVELOPMENT PROJECT
3.1 Under the federal EA process, the EIS must identify the expected adverse effects of the
proposed NND Project and recommend.mitigation measures to minimize these effects
to the point at which they are not considered to be significant. As such, the Project as
discussed in the EIS includes site preparation, the construction and operation of the
NND Project, a preliminary decommissioning plan plus a full suite of proposed
mitigation measures and follow up program.
3.2 In general terms, the Darlington NND Project involves the construction, operation, and
maintenance of as many as four nuclear reactor units supplying up to 4,800 megawatts
of electrical capacity for approximately 60 years each, and development planning for the
eventual decommissioning of the nuclear facilities. It is likely that two reactors will be
constructed in the initial phase of the Project, although the EIS addresses full reactor
build out. The construction and operation of a number of ancillary facilities, such as for
the management of used nuclear fuel, will also be required. The Project is proposed to
be located on approximately the eastern one-third of the existing Darlington Nuclear
site, bounded by the property limits to the east and north and by Holt Road on the west.
3.3 The provincial government is currently considering proposals from three vendors for
reactor designs; only one of the three designs will ultimately be constructed. Each
reactor design offers differing electrical outputs which will determine the number of
reactors required in order to meet the required electrical capacity:
. Atomic Energy of Canada Limited (ACR-1000) - four reactors required;
. AREVA NP (Pressurized water reactor) - three reactors required;
. Westinghouse Electric Company LLC (AP 1000) - four reactors required.
3.4 A reactor design had not been selected by the provincial government by the time the
EIS had been submitted to the JRP for review. In addition, there are a number of
specific Project elements that are independent of reactor design but which will have a
significant effect on site layout. Until a reactor vendor is selected and the detailed
design is complete, specifics regarding the scope and form of the overall site
development cannot be determined. In order to address these uncertainties, the EIS
defines the NND Project within a Plant Parameter Envelope (PPE) which is a bounding
framework that includes the full range and extent of possible variables and effects
associated with the Project, and essentially presents the most co~servative (ie. worst
case) scenario.
The Project elements noted above that have yet to be determined include condenser
cooling and the management of excavated material. These elements are discussed in
more detail below.
3.5 Alternatives for Condenser CoolinQ
3.5.1 To condense the steam used to produce electricity, water drawn from Lake Ontario will
be circulated through the condensers to remove excess heat. The warmed water will
either be returned to the lake (once-through lakewater cooling) or returned to a cooling
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REPORT NO.: PSD-076-10
PAGE 5
tower to be cooled and re-used (closed-loop atmospheric cooling). Four alternative
means of cooling are being considered for the NND Project, as discussed below.
3.5.2 Once-through Lakewater Cooling
Large volumes of lake water are circulated through the condensers and returned to the
lake through a diffuser discharge pipe. This is the system currently used at all of the
Canadian nuclear generating stations located on the Great Lakes, including the existing
Darlington Nuclear Generating Station.
3.5.3 Natural Draft Cooling Towers
This approach involves a closed-loop system whereby water is
circulated through the condensers and returned to the towers to
be cooled by outside air drawn into the tower at its base. The
warmed moist air rises and exits from the top of the tower as a plume. Water not lost by
evaporation is re-used for cooling (about four times). . Natural draft cooling towers are
typically a hyperbolic shape and extend to approximately 150 m above grade and .just
as wide at the base.
3.5.4 Mechanical Draft Cooling Towers
This approach uses atmospheric cooling; however, the
cooling process is assisted through the use of fans located
either at the base or the top of the tower. The towers are
approximately 20 m in height and create a visible plume, and take up more land than
natural draft cooling towers.
3.5.3 Fan Assisted Natural Draft Cooling Towers
These hyperbolic-shaped towers have fans placed around the base
of the tower to increase the air flow rate. They have a slightly larger
base dimension than natural draft cooling towers, but are only about one-third the height
(50m). Because they are a hybrid of the mechanical draft and natural draft cooling
towers, their environmental effects are similar to these options.
3.5.5 OPG Preferred Option for Condenser Cooling
OPG has identified once-through lakewater cooling as its preferred approach to
providing condenser cooling for the NND Project. This decision was based on a
comparative analysis of each approach that determined, on balance, that once-through
cooling had fewer adverse impacts on the environment than cooling towers, as
summarized below:
. Air quality. Once-through lakewater cooling creates no emissi9ns to the
atmosphere, while cooling towers would discharge a visible vapour plume, heat, salt,
and water treatment chemicals;
. Noise: Once-through lakewater cooling does not generate any sound, while fans
associated with cooling towers would require workers to wear hearing protection;
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REPORT NO.: PSD-076-10
PAGE 6
. Water quality: Cooling water in the once-through approach has very limited contact
with contaminants, while cooling tower discharges will contain contaminants that will
require treatment;
. Water consumption: Virtually all the water drawn from Lake Ontario for once-
through cooling would be returned to the lake, while cooling towers would result in
the permanent loss of lakewater to the atmosphere (approximately 400 million litres
per day) through evaporation;
. Vegetation and mammals: Once-through lakewater cooling would result in the least
amount of natural habitat to be cleared on the Darlington site; .
. Birds: Cooling towers would present a substantial risk of bird strikes;
. Land use and visual setting: The visual dominance of the cooling towers and the
associated vapour plumes would permanently alter the visual character of the area;
. Transportation systems: Once-through lakewater cooling would require the least
amount of soil to be excavated and transported off-site, thereby minimizing the
negative effects on the local road network and local road users; and
. Costs: Once-through cooling is considerably less expensive than cooling towers
with respect to power consumption, construction, operations and maintenance.
3.6 Manaoement of Excavated Material
3.6.1 Site preparation for the NND Project will require the excavation and management of
large quantities of soil and rock. In the absence of a known reactor design and
condenser cooling approach, the actual quantities of material to be excavated and the
strategies for its management cannot be determined yet. Consistent with the PPE
approach to Project definition, the EIS presented a series of potential layout scenarios;
however, this approach results in a substantial range in the quantity of materialto be
excavated and managed.
3.6.2 The options available for the management of the excavated material are limited to on-
site use and disposal, and the transport of surplus soil for off-site disposal. Options for
on:'site disposal include placing the material in the Northeast Landfill (east of Holt Road
and south of South Service Road), the Northwest Landfill (west of Park Road and south
of South Service Road), and using the material as lakefill. The volume of excavated
material for the three site layout scenarios developed by OPG are set out in the table
below.
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REPORT NO.: PSD-076-10
PAGE 7
#1 - Four reactors with once- 9.4 Million Landfills - 5.7 Million 0.7 Million
throu h lakewater coolin Lakefill - 3 Million
#2 - Two reactors with 9.8 Million Landfills - 5.7 Million 1.1 Million
mechanical draft coolin tower Lakefill - 3 Million
#3 - Two reactors with natural 12.4 Million Landfills - 5.7 Million 3.7 Million
draft coolin tower Lakefill - 3 Million
3.6.3 Given the space requirements of the NND Project and the existing physical constraints
on the Darlington site, including the CN railway corridor, lake infill is considered by OPG
to be an integral part of the NND Project. As such, all of the site layout scenarios involve
the infilling of a portion of the Lake Ontario shoreline in front of the entire Darlington
Nuclear site. Lake infilling is also needed for protection of the site from environmental
effects such as flooding, and to provide enhanced lakeside security for both the existing
and new power stations. OPG has estimated that the maximum infilled area would be
40 ha.
3.6.4 Excavated material that cannot be used for lakefill or stored on-site will be transported
off-site by trucks, although the final destination for this material ha.s not yet been
determined. It is estimated that, for the maximum excavation scenario involving cooling
towers, 200 truck trips per day (400 return trips) would be required during site
preparation to transport excavated material off-site.
3.6.5 OPG has identified Scenario 1 as its preferred approach for the management of
excavated material. Reasons for this decision include a lower volume of truck traffic on
area roads along with the reduced nuisance and safety effects.
4.0 RESPONSE TO JOINT REVIEW PANEL LETTER
4.1 The Municipality's responses to the specific information requested by the Joint Review
Panel in its March 25,2010 letter requests are provided below.
4.2 Responsibilities of the Municipality of Clarinoton
4.2.1 The JRP requested details of the legislative, policy or other directives under the
responsibility of the Municipality of Clarington that may relate to the proposed Darlington
NND Project.
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REPORT NO.: PSD-076-10
PAGE 8
4.2.2 The Municipality of Clarington is one of eight area municipalities within the Regional
Municipality of Durham, which has a two-tier governance structure. The Municipality
exercises a broad range of responsibilities under authority provided by a number of
provincial statutes that relate directly and indirectly to the prop_osed NND Project. The
most significant of these responsibilities are noted below; however, a full outline of the
Municipality's responsibilities is provided in Attachment 3 to this report:
. The Municipal Act: Borrowing of money for capital expenditure, economic
development and tourism, maintenance of the local road network, parks and
recreation services;
. The Planning Act: Community and land use planning, official plans, zoning by-laws,
site plan control;
· The Emergency Plans Act, The Fire Prevention and Protection Act, Ontario Fire
Code, etc: Emergency management, fire and emergency services;
. Highway Traffic Act: Traffic routing; and
. Ontario Building Code Act Review of building applications and issuance of building
permits.
,4.2.3 The Regional Municipality of Durham, as the upper-tier government, provides broader
scale services such as water and sewer, solid waste management, policing, health and
social services, and the overall planning framework for the Region.
4.3 Municipality of ClarinQton Comments on the EIS
4.3.1 The JRP requested the Municipality to provide a review of the EIS and supplementary
information, as appropriate, from the perspective of the mandate of the Municipality of
Clarington, in particular whether the EIS and application documents sufficiently address
the requirements contained in the EIS guidelines issued to OPG. The JRP also
requested an assessment of whether the Municipality agrees with OPG's conclusions
and proposed mitigation measures within the realm of the Municipality's areas of
responsibility and/or expertise.
4.3.2 As noted previously, the Municipality of Clarington retained the consulting firm Morrison
Hershfield in January 2009, with funding provided by OPG, to undertake a peer review
of the draft EIS prior to its submission to the JRP. The peer review focused on the
Municipality's core areas of interest, as follows:
· Socio-economic environment, including community services, infrastructure
improvements, municipal finance, employment opportunities, and community image;
. Emergency preparedness;
· Transportation, including increased road traffic and the potential impacts to the
municipal road network;
· Natural environment, including the terrestrial, aquatic, and atmospheric
environments, and groundwater and surface water.
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REPORT NO.: PSD-076-10
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4.3.3 For each of these aspects of the environment, the peer review evaluated how the EIS
add ressed:
. The environmental effects of the Project, the likely cumulative effects of the Project
in combination with other projects, and the significance of these effects;
. The measures proposed to mitigate adverse environmental effects; and
. The requirements of a follow-up program in respect of the Project.
4.3.4 The peer review found that OPG had comprehensively addressed all aspects of the
NND Project. Morrison Hershfield and Staff provided numerous comments and OPG
made significant revisions to the draft EIS in response to these comments. All
comments were dispositioned to the satisfaction of the peer review team and Staff.
Council approved the final peer review report in July 2009 as the Municipality's
comments on the draft EIS (Staff Report PSD-073-09). A copy of the report and
Council's decision have been provided to both OPG and the JRP.
4.3.5 On the basis of the peer review undertaken in 2009, the Municipality can advise the JRP
that the EIS and supplementary information for the Darlington NND Project sufficiently
addresses the requirements of the EIS Guidelines from the perspective of the
Municipality's mandate. The Municipality also advises the JRP that it agrees with
OPG's conclusions and proposed mitigation measures within the realm of the
Municipality's areas of responsibility and/or expertise.
4.3.6 However, the potential for the Darlington NND Project to be implemented with cooling
towers is of particular importance to the Municipality of Clarington and warrants
additional discussion in this staff report.
4.4 Additional Comments on Condenser Coolino Technoloov
4.4.1 Much of the discussion related to condenser cooling technologies has focused on the
impacts to the aquatic environment and the socio-economic environment. Impacts to
the aquatic environment include the disturbance of the lakebed (fish habitat) from the
construction of the larger intake and discharge structures, the entrainment and
impingement of aquatic organisms by the high flow rate on the intake, and the thermal
impact of the warmed discharge water. The primary effects on the socio-economic
environment would derive from the negative impact on community character and the
visual landscape from the construction and operation of cooling towers.
4.4.2 The Municipality's peer review concurred with the conclusions in the EIS that the
impacts to the aquatic environment can be effectively mitigated and compensated for
through a Comprehensive Fish Habitat Compensation Plan. The peer review agreed
that, if the NND Project is implemented with natural draft cooling towers, the towers
would be a visually dominant feature of the landscape, particularly in the immediate
vicinity of the Project site, and would result in a negative change in the character of
communities in the Local and Regional Study Areas. Although natural draft towers
would be more highly visible than mechanical draft towers, the vapor plumes emanating
from both would be highly visible from a considerable distance and, as such, the visual
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REPORT NO.: PSD-076-10
PAGE 10
effects of either natural draft or mechanical draft cooling towers cannot be effectively
mitigated.
4.4.3 It is worthy to note that a significant number of Information Requests from the JRP to
OPG have related to the impact of the various cooling technologies on the aquatic
environment in Lake Ontario. Examples of requested information includes a full
assessment of the fish mortality risks for once-through cooling, and the feasibility of
relocating the CN rail line to increase the available area on-site to accommodate cooling
towers. OPG responses to the Information Requests have been thorough and detailed
and have, in the Municipality's opinion, provided sufficient justification for OPG's
preference for once-through lakewater cooling over atmospheric cooling.
4.4.4 By comparison, very few of the Information Requests have dealt with the socio-
economic effects of cooling towers. This is most likely a reflection of the mandate of the
various federal agencies reviewing the EIS (e.g. Department of Fisheries and Oceans,
Environment Canada). Nonetheless, the Municipality is concerned that the JRP is not
receiving a balanced perspective on the relative benefits and disadvantages of the
various cooling water technologies, and in particular the significant negative effects of
cooling towers on community image.
4.4.5 In addition, there has been a recent trend by nuclear regulators, particularly in the
United States, towards requiring nuclear power plants to use cooling towers. A "Phase
1 Rule" passed by the federal government in 2001 essentially eliminates the use of
once-through cooling systems for new reactors at greenfield sites in the United States.
A "Phase II Rule" passed in 2004 (presently under court challenge) would apply to all
existing cooling water intake structures for large thermal electric plants. The state of
California has adopted a policy requiring all coastal power plants to phase out the use of
once-through cooling, while New York and New Jersey have introduced draft policies
that would require nuclear power plants to construct cooling towers.
4.4.6 The Municipality acknowledges the aquatic impacts associated with the once-through
cooling option. However, it urges the JRP to give equal consideration to the significant
and very real impacts to community character that would be created by the construction
and operation of cooling towers at the Darlington NND site. The plume from cooling
towers would be visible 800 m above the site approximately 80% to 90% of the time.
Although the plume would consist only of water vapour, there can be a misperception
among some members of the public that the plume would contain radioactive material.
The plume could make Clarington less attractive to tourists, and to businesses and
residents from outside the community looking to relocate.
4.4.7 As noted in Section 3.6.2, the construction of cooling towers would require an additional
3 million cubic metres of material to be excavated and removed from the Darlington
NND site. This increased volume would translate into a significant number of additional
truck trips on the local road network, which would increase the nuisance effects on the
community from noise and dust as well as an increased risk of accidents.
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REPORT NO.: PSD-076-10
PAGE 11
4.5 Additional Comments on Nuclear Waste ManaQement
4.5.1 The Municipality's peer review did not address the issue of the management of
radioactive waste that would be created through the Darlington NND Project as this is
an issue that does not relate directly to the Municipality's core areas of responsibility.
However, it is appropriate for the Municipality to advise the JRP of its position on this
issue.
4.5.2 OPG assessed two alternatives in the EIS for the management of.low and intermediate-
level waste - management of the waste on-site in a new facility, and transporting the
waste to a licensed facility elsewhere. However, in either scenario, some of the waste
would likely remain on-site (e.g. over-sized components such as steam generators
resulting from mid-life refurbishment activities).
4.5.3 High level nuclear waste (i.e. used fuel) is proposed to be managed in a manner similar
to that used at the existing Darlington Nuclear Generating Station. Used fuel will be
transferred from the reactor to a water-filled storage pool in which the fuel will be stored
for a period of decay and cooling, typically 10 years. Once sufficiently cooled, the used
fuel will be transferred into dry-storage containers and stored on-site in a specially
des,igned and built facility.
4.5.4 OPG has demonstrated an exemplary record with the management of both the low and
intermediate level waste and the spent fuel rods at the existing Darlington Nuclear'
Station and the Municipality is confident that waste from the Darlington NND Project will
be managed in a similar manner. The Municipality is also confident that the Nuclear
Waste Management Organization will be successful in developing and implementing a
long term solution for the management of the used nuclear fuel.
-
4.5.5 In this regard, the Municipality of Clarington currently has no concerns with the manner
in which OPG has proposed to manage radioactive waste and used nuclear fuel from
the Darlington NND Project.
5.0 CONCLUSIONS
5.1 The peer review undertaken by the Municipality on the draft EIS for the Darlington NND
Project allowed for the EIS to be substantially revised to address the Municipality's
concerns prior to its submission to the Joint Review Panel. As such, the Municipality
advises the JRP that it supports the conclusions and the proposed mitigation measures
provided in the EIS prepared by Ontario Power Generation.
5.2 In particular, the Municipality emphasizes its support for OPG's position to use once-
through condenser cooling for the NND Project. In this regard, it urges the JRP to give
full and proper consideration to the concept of "community well-being" used in the EIS
as the overall analytical framework to assess the impacts of the NND Project.
Staff Contact: Janice Szwarz
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REPORT NO.: PSD-076-10
PAGE 12
Attachments:
Attachment 1 - Glossary of Terms
Attachment2 - Letter from Joint Review Panel
Attachment 3A - Table of Municipal Responsibilities
Attachment 38 - Legislation Affecting the Fire Service
List of interested parties to be advised of Council's decision:
Ms. Debra Myles, Panel Co-Manager
Ms. Kelly McGee, Panel Co-Manager
Ms. Laurie Swami, Ontario Power Generation
Russ Powell, CLOC
P.M. Madill, Clerk, Region of Durham
Sandra Kranc, Clerk, City of Oshawa
Sheila Hall, Clarington Board of Trade
822
GLOSSARY OF TERMS
Attachment 1
To Report PSD-076-10
Baseload
The amount of power required to meet minimum electricity
demands
Environmental Assessment
Environmental Impact Study
New Nuclear Development
Ontario Power Generation
Plant Perimeter Envelope
Joint Review Panel
EA
EIS
NND
OPG
PPE
JRP
823
Attachment 2
To Report PSD-076-10
Darlington New Nuclear Power Plant Project
Joint Review Panel
March 25, 2010
Franklin Wu
Chief Administrative Officer
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L 1 C 3A6
Subject:
Information Required from the Municipality of Clarington
to Inform the Darlington New Nuclear Power Plant Project
Joint Review Panel Process
Dear Mr. Wu:
As you know, the Joint Review Panel for the Darlington New Nuclear Power
Plant project announced the start of the six month review period of Ontario
PowerGeneration's Environmental Impact Statement (EIS) and Application for a
Licence to Prepare a Site on November 16, 2009. These two documents and all
other records relating to the environmental assessment are available on the
Canadian Environmental Assessment Registry Internet site at www.ceaa.Qc.ca
under reference number 07-05-29525. The Darlington panel process is being
conducted pursuant to the Canadian Environmental Assessment Act and
because the project is within the jurisdiction of the Canadian Nuclear Safety
Commission under the Nuclear Safety and Control Act.
In reference to the Municipality of Clarington's Staff Report PSD-123-08
(November 17, 2008), the Joint Review Panel assumes that the Municipality has
engaged a consultant to review Ontario Power Generation's EIS. The Panel
requests that full consideration be given to its information needs, as follows, in
this review and submission to the Panel:
1. The Panel requires the details of the legislative, policy or other directives
under the responsibility of the Municipality of Clarington that may relate to the
proposed Darlington New Nuclear Power Plant project.
2. The Panel requires a review of the EIS and supplementary information, as
appropriate, from the perspective of the mandate of the Municipality of
Clarington. At this stage of the process, the Panel is focused on determining
whether the EIS and application documents sufficiently address the
Darlington New Nuclear Power Plant Project Joint Review Panel
CIO Canadian Environmental Assessment Agency
Place Bell Canada, 22nd Floor, 160 Elgin Street,
Ottawa, ON K1A OH3
824
requirements contained in the guidelines that were issued to the proponent
on August 22, 2008. The Panel will also require an assessment of whether
the Municipality of Clarington agrees with the proponent's conclusions and
proposed mitigation measures within the realm of your areas of responsibility
.and/or expertise.
3. Have your delegate contact one of the Panel Co-Managers at the earliest
possible date and in advance of April 15, 2010, to discuss timelines for the
provision of the requested information, above.
The Panel Co-Managers are available to respond to any questions that you may
have about this request or the joint panel review process. Please contact either
Kelly McGee at (613) 947-3710 or Debra Myles at (613) 957-0626. Thank you in
advance for your attention to this matter.
Yours truly,
.. ;)~.t/ -\...",-..~--..'
Mr. Alan R. Graham
Chair, Joint Review Panel
c.c~: .Ms. Jocelyne Beaudet, Member, Joint Review Panel
Mr. Joseph Kenneth Pereira, Joint Review Panel Member
Ms. Janice Auger Szwarz, Senior Planner, Municipality of Clarington
2
825
Attachment 3A
To Report PSD-076-10
MUNICIPALITY OF CLARINGTON RESPONSIBILITIES
Community and Land Use Planning including: the
Official Plan and implementation thereof;
industrial, commercial and residential
development approvals; comments on Land
Division applications; administration of
development charges; strategic land use
planning; plan of subdivision and condominium
approvals; and site plan application commenting
function.
Planning Act (including the Provincial Policy
Statements and the Region's Official Plan made
thereunder);
Greenbelt Act 2005; Oak Ridges Moraine
Conservation Act, 2001: Lake Simcoe Protection Act,
2008; Places to Grow Act, 2005; Development
Charges Act, 1997.
Fire and Emergency Services
Fire Prevention and Protection Act, 1997 (FPPA),
Building Code, Technical Standards Safety Association,
Electrical Safety Authority, Criminal Code, Ontario Fire
Code
Maintenance of the Local Road Network, Municipal Act, 2001; Planning Act, R.5.0. 1990;
including Snow Removal and Sidewalks Highway Traffic Act; Development Charges Act, 1997.
H:\REPORTS\2010 reports\June 21-1 O.doc\PSD-076-1 0 Attachment 3.doc
826
MUNICIPALITY OF CLARINGTON RESPONSIBILITIES
Order to Restrain Appeal Hearing (Delegated Municipal Act, 2001 as amended
H:\REPORTS\2010 reports\June 21-1 O.doc\PSD-076-1 0 Attachment 3.doc
827
MUNICIPALITY OF CLARINGTON RESPONSIBILITIES
Municipal and School Board Elections
References to Acts include references to applicable Regulations and Plans. Additionally, the Region has
numerous agreements with public-sector partners that may govern the activities noted above, in
addition to Council-adopted policies and initiatives that may be applicable, including:
a. Municipal Strategic Plan 2007-2011
b. Clarington Official Plan
c. Emergency Services Plan
d. Community Services Department Strategic Plan, 2008
e. Library Services Plan
While this list is not exhaustive, it does not include the key documents that layout the framework for
the Region's infrastructure and relevant services.
H:\REPORTS\2010 reports\June 21-1 O.doc\PSO-Q76-1 0 Attachment 3.doc
828
Attachment 38
To Report PSD-076-10
What legislation affects the fire service?
Legislation Affecting the Fire Service
The operation of a fire department in Ontario is affected by both provincial and federal
legislation. There are also international standards that are commonly used by the fire
service throughout North America. It is Important that fire service leaders are .
knowledgeable with the context of all the acts or regulations affecting the operations and
liability of a municipality and Its fire department.
P . I L . I
rovJncla egIs atlon
Leaislatlon Areas of scope/concern Ministry Responsible
Fire Protection and Prevention Mandates and authorizes both the OFM Community Safety &
Act. 1997 and Ontario Fire and municipalities CorrectionalSennces
Code Part IX is generally the responsibility of
the Ministry of Labour, except where
terms and conditions In collective
agreements may adversely affect the
Drovlsion of fire Drotectlon
Provincial Offences Act Assistants to the Fire Marshal are Attomey General
Provincial Offences Officers under the
Act for the purpose of smoke alarm
related offences.
Municipal Act, 2001 Authorizes the passing of by-laws which Municipal Affairs &
Include those necessary for the provision Housing
of fire orotection .
Occupational Health and Safety Human Resources Labour
Act and the various reaulations Occuoational Health & Safetv
Environmental Protection Act Requires fire department personnel to Environment
(Ontario) reoort sollls to MOE
Dangerous Goods Governs the transportation of dangerous Transportation
Transoortation Act (Ontario) aoods
Emergency Manegement and Requires municipalities to have an Community Safety &
Civil Protection Act emergency plan and a trained Co~onalSennces
Community Emergency Management
Coordinator
Territorial Divisions Act Defines municipal boundaries which Municipal Affairs &
Includes fire protection areas for which Housing
the municipality has responsibility
Building Code Act, 1992 Provides authority for municipalities to Municipal Affairs &
appoint certain fire personnel as building Housing
inspectors
Highway Traffic Act Govems the response of firefighters on Transportation
roads that have been closed by police,
the use of flashing green lights on
firefighters' personal vehicles, and
controlling traffic at accident scenes.
Contains regulated requirement to log
hours of sennce in a log for operation of
commercial motor vehicles,
Page 8
Essentials of Municipal Fire Protection
For Fire Service Leaders
v. 2. 2010
829
Forest Fire Prevention Act Applies only to "Fire Regions' as defined Natural Resources
in the act. Controls outdoor fires in
"Restricted Fire Zones'. It requires
municipalities to extinguish grass, brush
or forest fires within their limits. Provides
authority for appointment of "Wardens'
and "Officer" by the Minister. Also
Regulation 207/96 controls outdoor fires
outside of restricted fire zones.
Development Charges Act Provides the authority for portions of Municipal Affairs &
development charges to be allocated to Housing
fire services
Coroners Act Regulates the control of bodies. Community Safety &
Authorizeslregulates Coroners' inquests Correctional Services
and Coroner's inQuest recommendations
Day Nurseries Act Defines the approvals from tile fire chief Community and Social
that are required to operate a day care Services
facility
Emplovment Standards Act Human Resources labour
Human Rights Code Defines how boards of inquiry, Management Board of
complaints, discrimination and Cabinet
enforcement are to be handled
Labour Relations Act Human Resources' Labour
Municipal Freedom 'of To provide access to infonnatlon held by Management Board of
Information and Protection of Institutions and to protect the prlvacy of Cabinet
Privacy Act individuals with respect to personal
Infonnation about themselves held by
institutions
Pesticides Act Makes mandatory the reporting of Environment
wholesale and retail pesticides to the fire
department
Workplace Safety and legislated requirement to report labour
Insurance Act accidents and provide and document
training
Presumptive ieQislation
Fire Protection & Prevention Act. 1997 tFPPAl
The Fire Protection and Prevention Act, 1997 (FPPA) came into force in October 1997.
It is an act to promote fire prevention and public safety in Ontario and as such, it
addresses such things as the delivery of fire suppression, fire prevention, fire safety
education, communication, training of persons involved in the provision of fire protection
services, and rescue and emergency services.
The Fire Protection and Prevention Act, 1997 (FPPA):
. Establishes the authority of the fire chief of a municipality to carry out his or her
duties in enforcing the act;
. Defines the role of the Office of the Fire Marshal and defines its relationship with
municipal fire departments; and
. Defines the mandates of both the OFM and municipalities.
There are a number of parts to the act, but the sections that form the basis of this
seminar include - Part I Definitions, Part II Responsibility for fire protection services and
methods of service, and Part III - Fire Marshal. The full act is available on e-Iaws.
Essentials 01 Municipal Fire Protection
For Fire Sarvice leaders
v. 2. 2010
Page 9
830
Cl!Jl._n
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21,2010
Resolution #:
By-law #:
Report#: PSD-077-10
File #: PLN 33.4
Subject:
PORT GRANBY PROJECT - RESOURCE PERSON FOR THE PROPERTY
VALUE PROTECTION PROGRAM; CONSULTING AGREEMENT WITH RYAN
REAL TY SERVICES LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-077-10 be received;
2. THAT the requirements of Purchasing By-law # 2006-127 be waived and an Agreement
with Ryan Realty Services Ltd. for Consulting Services related to a Property Value
Protection Program Resource Person for the Port Granby Project, to extend to
December 31,2018 and attached to Report PSD-077-10 as Attachment 5, be approved;
3. THAT $25,000 be set aside from the Port Granby LLRW Agreement Reserve and drawn
upon as required pursuant to the terms of the consulting agreement;
4. THAT Staff provide a future report on the discussions with the Port Hope Area Initiative
Management Office regarding reimbursement of the costs of the Resource Person;
5. THAT the By-law attached to Report PSD-077-10, as Attachment 6, authorizing the
Mayor and Clerk to execute the Agreement, be approved; and
6. THAT all interested parties listed in Report PSD-077-10 and any delegations be advised
of Council's decision.
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)6239
831
REPORT NO.: PSD-077-10
PAGE 2
Submitted by:
Jas/df/av
15 June 2010
Reviewed by:
~
~-
Chief Administrative Officer
832
REPORT NO.: PSD-077-10
PAGE 3
1.0 BACKGROUND
1.1 The Property Value Protection (PVP) program is a key element of the Legal Agreement
between the Municipalities of Clarington and Port Hope and the Government of Canada
governing the Port Hope Area Initiative. The PVP Program, which is administered by
the Port Hope Area Initiative Management Office (PHAI MO), is intended to ensure that
homeowners selling their homes within a defined area (Attachment 1) are not financially
disadvantaged by the activities of the Initiative. To do this, the PVP Program
determines the unaffected fair market value of the property (as if the Initiative does not
exist) and compensates the seller for the difference between the unaffected value and
the selling price.
1.2 Bonnie McFarland, representing the South East Clarington Residents Association
(SECRA), addressed the October 19, 2009 meeting of the General Purpose and
Administration Committee. She advised that some Port Granby area residents were
experiencing difficulty with the PVP Program and requested the Municipality retain a
consultant to assist residents in the process. Committee resolved to request th~ federal
government appoint an independent resource person to represent and assist the home
seller and their realtor in dealing with the PVP Program to ensure fairness, ease and
transparency. Council considered a letter from Gerry Mahoney, President of SECRA,
on October 26, 2009 (Attachment 2) and referred the letter to the Planning Services
Department.
1.3 In response to Council's resolution. Christine Fahey, Director of PHAI MO, requested
the opportunity to address Council regarding the PVP program with the intent of
addressing the community and Council's concerns (Attachment 3). A presentation on
the PVP program was made to GPA on December 7,2009. Mr. Mahoney also
addressed GPA and reiterated his request to have the Municipality appoint an
independent resource person to assist residents with the PVP program. Council
directed staff to arrange a meeting to discuss the PVP program and the hiring of a
dedicated resource person (#GPA-663-09).
1.4 Ms. Fahey provided a letter to the Municipality (Attachment 4) in which she responded
to a number of specific questions regarding PHAI MO's intentions to retain and/or pay
for a PVP resource person. The letter noted that PHAI MO currently provides resources
to assist residents and does not intend to retain additional PVP resource people but
may consider paying for a resource person hired by Clarington if it can be demonstrated
that this approach will address the specific issues that Port Granby residents have
expressed with respect to the PVP Program.
1.5 In accordance with Council's direction, staff, Councillor 'Robinson and Dave Hardy of the
Municipal Peer Review Team met with Mr. Mahoney on March 30, 2010 to identify and
discuss SECRA's request for a PVP resource person and other concerns that area
residents have with the PVP program.
833
REPORT NO.: PSD-077-10
PAGE 4
2.0 RESPONSIBILITIES OF A PVP RESOURCE PERSON
2.1 The PVP Program under the Port Hope Area Initiative is one of the first programs in the
world to provide financial compensation to residents whose property values are affected
by a radioactive waste management project. However, because public funds are being
expended under the PVP Program to compensate property owners, the PVP Program is
structured to ensure that any compensation provided is legitimate and fully accounted
for. This structure can add extra time to the completion of a successful sale and create
additional paperwork that residents wishing to move find frustrating, confusing and
stressful. As well,it can lead residents to not trust the PVP Program and, by extension,
the whole Port Hope Area Initiative.
2.2 In this regard, the request by Port Granby residents for an independent and
knowledgeable resource person to assist in their dealings with the PVP Program is not
unreasonable. Based on the issues identified by the residents, the responsibilities of a
PVP resource person would include:
· Consultation with the home owner prior to the listing of a property
The resource person would assist the home owner in reviewing the market analyses
prepared by prospective realtors, and provide advice on a reasonable list price and
whether an appraisal should be undertaken at the time of listing.
· Oversight role in appraisal process
The PVP Program will undertake an apraisal once a property has been on the
market for the period prescribed by the PVP Program (one-and-a-half times the
average days on market), and when an offer to purchase is submitted.
The resource person could assist the home owner in discussions with PVP staff
regarding the contracting of an appraiser to ensure the home owner is confident in
and comfortable with the appraisal process.
The resource person would review the appraisal report with the PVP office and be
able to question the appraiser directly if required. The resource person would
review and discuss the appraisal report with the homeowner and seek further
clarification from the appraiser if necessary.
· Support to home owner during the listing
The resource person would provide ongoing support and advice to the seller
throughout the duration of the listing, and facilitate discussions with the PVP
Program office when necessary and if requested by the home owner.
834
REPORT NO.: PSD-077-10
PAGE 5
. Support to the home owner during the appeal process
The resource person would provide advice to the home owner if they are dissatisfied
with the compensation being offered by the PVP Program, and assist the home
owner during the appeal process.
2.3 PVP Program staff have indicated that they have no difficulty with the responsibilities of
the resource person set out above.
3.0 AGREEMENT TO RETAIN A PVP RESOURCE PERSON
3.1 In order to effectively fulfil the responsibilities set out above, the PVP resource person
should possess real estate experience and understand the appraisal process by which
property values are determined. Staff have determined that a resource person could
assist residents involved with the PVP Program but would not compromise the PVP
Program, the relationship between the ,owner and their realtor, and would provide a
helping hand with the process as requested by SECRA.
3.2 Given the direction that Staff received from Council in Resolution #GPA-663-09 and the
subsequent meeting with PHAI MO, Staff initiated discussions with Mr. Neil Ryan of
Ryan Realty Services Ltd, to determine his interest in assuming the responsibilities of
the PVP resource person. Mr. Ryan is a real estate agent and a Canadian Residential
Appraiser and was recently retained by the Municipality to sell surplus municipal land
and provide other real estate services. Mr. Ryan has had no involvement with property
listings in the Port Granby area. As such, he brings the expertise and independence
necessary to assume the PVP resource person position.
3.3 The responsibilities of the PVP resource person were determined through discussions
with Mr. Ryan and PVP Program staff. Staff have prepared an Agreement with Mr.
Ryan (Attachment 5) to provide his services on an "as-required basis" to the end of
2018 which marks the end of the construction phase of the Project. At that time, the
need for and the responsibilities of the PVP resource person would be reassessed.
4.0 FUNDING FOR THE PVP RESOURCE PERSON
4.1 As indicated by the letters from PHAI MO, the federal government is not willing at this
time to provide the funding to the Municipality to retain a PVP resource person.' PHAI
MO staff have been involved and assisted with the drafting the PVP Resource Person's
role and responsibilities. Discussions will continue with the PHAI MO with regard to the
funding of the PVP resource person.
4.2 It will take some time to determine whether the PHAI MO will consider paying for a
resource person hired by Clarington. It must be demonstrated that having an
independent resource person for Port Granby residents will address their specific issues
and frustrations that have been expressed with respect to the PVP Program.
835
REPORT NO.: PSD-077-10
PAGE 6
4.3 Until it can be determined whether the PHAI MO will fund the position, Clarington will be
responsible for the costs of the PVP resource person. Funding for the PVP resource
person could be drawn from the Port Granby LLRW Agreement Reserve Fund. This
Reserve Fund has been accrued from the interest on the Port Granby payment to the
Municipality, over and above the support provided to the general tax rate in any given
year,
4.4 The Director of Finance has recommended that a specific amount be set aside from the
Reserve Fund. Should additional funds be required in the future, Council would have to
approve an additional allocation from the Reserve Fund.
4.5 At this time it is very difficult to determine the actual amount that will be required for the
PVP Resource Person; however, given the number of properties involved and the
number of sales that the area has seen since 2001, when the PVP Program was
initiated, we are recommending $25,000 be set aside at this time. The PVP resource
person will be paid on an hourly basis plus disbursements but only for time worked.
4.6 The Agreement (Attachment 5) with the Ryan Realty Services Ltd. will require the
waiving of the Purchasing By-law. In this case we are recommending a sole source
because the individual brings a unique blend of local knowledge, facilitation skills and
understanding of the real estate market and processes. In addition, the contract is
envisioned to carry on untrl the project construction completion (2018). The Manager of
Purchasing was involved in the meetings with the PHAI MO and the recommended
resource person and concurs with this Report.
5.0 CONCLUSIONS
5.1 In Staffs opinion, the frustration and stress with the PVP program being experienced by
Port Granby area residents is a socio-economic impact directly attributable to the Port
Granby project. As such, the mitigation of these effects is the responsibility of the
federal government. It is Staffs intention to initiate discussions with. the federal
government at some time in the future regarding compensation for the resource person
on the same basis as that for the municipal peer review team.
5.2 The Director of Finance, Director of Corporate Services and the Municipal Solicitor have
provided advice with regard to their areas of expertise and responsibilities as noted in
this report.
Staff Contact:
Attachments:
Attachment 1 - PVP Program Area
Attachment 2 - Letter from Gerry Mahoney
Attachment 3 - November 27,2009 Letter from Christine Fahey
Attachment 4 - June 3, 2010 letter from Christine Fahey
Attachment 5 - Consultant Services Agreement
Attachment 6 - By-law
Janice Szwarz
836
REPORT NO.: PSD-077-10
PAGE 7
List of interested parties to be advised of Council's decision:
Neil Ryan
Dave Hardy, Hardy Stevenson and Associates Limited
Christine Fahey, Port Hope Area Initiative Management Office
Eugene Todd, Municipality of Port Hope
Dave McCauley, Natural Resources Canada
Gerry Mahoney, South East Clarington Ratepayers Association
837
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Attachment 1
To Report PSD-077-10
838
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Attachment 2
To Report PSD-077-10
To: Patti Berrie, CMO
Munlclpel Clerk
Munlclpellty of C1arlngton
BowmenvUle, ON.
Dear Ma Barrie,
During a meeting lut night II the Newtonvllle Town hall of the Port Grenby
ProJect Dlecua"on Group a eerloua laa. wea ralMd by our rnembere.
Spec:lflceEtI ,the unuUaractory experlencea of th.... of our rnembere related to
the Pro Valulllon Program. Among thoee _=..t nlght'a meeting
were counc lIora TrIm and Roblnaon and Mayor A . T11eIr
recomrnendlllon wu to formally aubmlt our ..eoclllJon a propoeal for remedy
of the, problem. They auggeeted that council would vote to ~o:.requeet
and euggeeted I write to your office Immediately to enaure !tW.
~'IIDMfd-. OUr propoul (read aloucf IIlall night a meeting) la
attached.
Thank you,
~~
Gerry Mahoney
~
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839
PROBLEM: Thr.. member. 01 our ..eoc18l10n h.ve had _rlou. I..... with the
Port Granby Program.. they go through the prooea 01 ..lIIng their homM.
PROPOSAL: We requat that. resource pel'8Ol"l be .v.lI.ble to ...I.t .the
vendor In dealing with the Low Level Office, current m.n.... 01 .the progr.m.
Thl. pereon would .ct .. a guide to ...Iat the I10rM "'ler .nd their ....Itor In
de.llng with thl. agency 01 the feder., government ~ ..,.ura fal......, .... .nd
tranaperancy (lacking .t thla time).
Thla paraon would Ideally be from Clarlngton (om Port Hope) .nd be .
'profeaalonal' auch .. thole uaed by General Motora .nd other major .
corpor.tlona to .... the trauma 01 f.mlly mov.. due to compeny employ..
trlnafera. Thla pereon would be employed .a . municipal COMultant on .n '..
needed bula' and would Involbe CI.rlngton on .n hourly balla.
COMMENT: Dear M.yor Abernethy .nd counclllorai thla would not be a g....t
expenae to our municipality .. only th.... people have movad or wlah to eell
during the peat. y..... I believe that for a very amall coat, Juatlce would be enaurad
for the_ 01 our membera whoM property beera the dgme 01 a nuclear w..te
dump next door.
840
Attachment 3
To Report PSD-077-10
~
AECL
EACL
Decommissioning & Waste Management
Port Hope Area Initiative Management Office
Chalk River Laboratories
Chalk River, Ontario
Canada KOJ 110
Tel (613) 584-3311
Laboratoires de Chalk River
Chalk River (Ontario)
Canada KOllIO
T61 (613) 584.3311
UNRESTRICTED
CAF -2009-054
File: 4502-513710-021-000
2009 November 27
Mr. Franklin Wu
Chief Administrative Officer
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LtC 3A6
Clarington Resolution #GPA-570-09 - Port Granby Project
Dear Mr. Wu:
This letter is sent in response to the subject Clarington Resolution that an independent resource
person be appointed to represent and assist the home seller and their realtor in dealing with the
Property Value Protection Program (PVP).
The PVP Program is an integral part of the Port Hope Area Initiative (pHAI) project to clean up
the historic low-level radioactive waste in the municipalities of Claringt9n and Port Hope. The
PVP Program has been in place for eight years and is fulfilling the purpose set out in the Legal
Agreement for the clean up [1].
The PHAI Management Office is the organization responsible for the administration of the PVP
Program on behalf of the Government of Canada. In response to the motion passed at
Clarington's 2009 October 26th Council Meeting, we request the opportunity to appear at an
upcoming General Purpose and Administration meeting, preferably in 2009 December. At that
time, we propose to outline for Council and Municipal Staff the main elements 'of the PVP
Program. and to discuss the experience to date.
We also propose to continue to meet with potential users of the program, including the members
of the South East Clarington Ratepayers Association (SECRA), to review the purpose and scope
of the PVP Program and the steps required to file or appeal a compensation claim.
1
841
F. WUCAF-2OO9..QS4
We believe that a greater understanding of the PVP Program will help to address concerns
recently expressed by Council and SECRA. We are committed to a fair and transparent process
that is straightforward to use and meets the obligations of the Legal Agreement.
In closing, I wish to draw your attention to the fact that earlier this year, the PHAI Management
Office succeeded the Low Level Radioactive Waste Management Office in the role of leading the
PHAI. We respectfully request that you update your files to reflect this change. Our mailing
address remains 5 Mill Street South, Port Hope, Ontario, LIA 286. Our phone number remains
(905) 885-0291.
Sincerely,
Cl~
Christine Fahey
Project Director
PHAI MO
c.
[1] Legal Agreement, Agreement for the Cleanup and the Long-term Safe Management of
Low-Level Radioactive Waste Situate in the Town of Port Hope, the Township'of Hope and the
Municipality of Cia ring ton, plus approved amendments, originally signed 2001.
2
842
Attacnment 4
To Report PSD-077-10
~
AECL
EACL
Decommissioning & Waste Management
Port Hope Area Initiative Management Office
Chalk River Laboratories
Chalk River, Ontario
Canada KOI 110
Tel (613) 584-3311
Laboratoires de Chalk River
Chalk River (Ontario)
Canada KOI 110
T61 (613) 584-3311
UNRESTRICTED
File: 4502-513710-021';000
CAF-20 1 0-032
2010 June 3
Ms, Janice Szwarz
Senior Planner
Municipality of Clarington
40 Temperance Street
Bowmanville, ON
Ll C 3A6
ESTABliSHMENT OF A RESOURCE PERSON TO ASSIST wiTH
THE PROPERTY VALUE PROTECTON PROGRAM
Dear Ms. Szwarz:
Further to my letter sent in response to Clarington resolution #GPA-570-09 [1], the presentation that was
given to Clarington Council on 2009 December 7, and recent exchanges between the PHAI Management
Office (MO) and Clarington, I offer the responses to your request for the MO's views on the following
three questions:
a) Will the PHAI MO provide and pay for a resource person?
The PHA! MO already provides qualified and knowledgeable resources to aid and assist users and
potential users of the Property Value Protection (PVP) Program. The PHA! MO does not propose to
provide another resource person at this time. It is also noted that the citizens represented by the
Southeast Clarington Residents Association (SECRA) have made it clear that any resource person
assigned should be independent of the PHAI MO. .
b) Will the PHAI MO pay for a resource person hired by Clarington?
The PHA! MO may consider paying for a resource person hired by Clarington if it can be demonstrated
that this approach will address the specific issues the residents of Port Granby have expressed with the
PVP Program. The PHA! MO would seek assurance from Clarington that such a resource person would
be utilized by Port Granby residents and would work cooperatively with the PHAO MO's PVP Program
staff, Additionally, the PHAI MO would require input into Clarington's job description for the resource
person; i.e. the roles and responsibilities, to ensure there is no conflict of interest introduced vis-a-vis the
federal requirements for the PVP Program and the professional regulatory requirements for the real
estate and appraisal industries. The PHA! MO would also expect to be consulted, in advance, regarding
the proposed status of the position (e.g. contract, full-time; part-time) in order that the potential costs of
1
843
J. SwarzCAF-2010-032
UNRESTRICTED
the position that would be invoiced to the PHAI MO can be determined and assessed. Our staff is
willing to provide support to the Municipality of Clarington on these matters as early as next week.
(c) Will the PHAI MO work with a resource person that is hired by and paidfor by Clarington?
The PHAI MO would be pleased to work with a PVP Program resource person hired by and paid for by
the Municipality of Clarington, provided the utilization, cooperation and job description requirements
noted in (b) above can be satisfactorily addressed. Again, our staff is willing to provide support to the
Municipality on these matters as early as next week.
In closing, I recognize that there are other concerns relating to the PVP Program that some Port Granby
residents would like to see addressed. Based upon the material you have provided to the PHAI MO
from your discussions with SECRA, responses to several of its key concerns have been prepared and it
would be helpful to have an opportunity to discuss them with Clarington and SECRA. It is also noted
that several of the other issues raised by SECRA may be more appropriately addressed during the
Environmental Assessment Follow-up consultations, which are expected to begin later this, year.
Please do not hesitate to contact me (905-885-8323) or Bob Neufeld (905-885-6197) to discuss this
matter further.
Regards,
(I.A'~
Christine Fahey
Project Director
Port Hope Area Initiative Management Office
CF/amc
REFERENCE
[1] Letter, C. Fahey to Mr. Franklin Wu, Clarington Resolution #GPA-570-09 - Port Granby Project,
2009 November 27, 4502-513710-021-000.
c. R. Neufeld
D. McCauley
>PHAI Files
2
844
Attachment 5
To Report PSD-077-10
THIS INDEPENDENT CONSULTANT AGREEMENT is made as of the
BETWEEN:
day of
,2010
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
- and -
RYAN REALTY SERVICES LTD.
(the "Company")
WHEREAS the Municipality has called for proposals for the provision of services; and
WHEREAS the Company has offered to supply such services upon the terms and conditions
contained in this Agreement.
NOW THEREFORE the Municipality and the Company agree as follows:
Background
From the 1930s to the 1980s, low level radioactive waste resulting from the refining of radium
and uranium in Port Hope was deposited at various locations in Port Hope and in a waste
management facility located near the community of Port Granby in the Municipality of Clarington.
The Govemment of Canada has assumed responsibility for the cleanup and management of
these wastes, and in 2001 entered into a Legal Agreement with the Municipalities of Clarington
and Port Hope to implement local solutions for the management of the wastes.
The undertaking defined by the Legal Agreement is known as the Port Hope Area Initiative, with
two separate projects - the Port Granby Project ("the Project'J and the Port Hope Project. The
two Projects are proceeding independently through the federal approvals process, including
Environmental Assessment (EA) and licensing by the Canadian Nuclear Safety Commission
(CNSC). The "Proponent" for both Projects is the Port Hope Area Initiative Management Office
(PHAI MO), which is a division of Atomic Energy of Canada Limited (AECL).
The Environmental Assessment for the Port Granby Project began in 2002 and culminated in
2009 with Clarington Council's acceptance of the EA Screening Report issued by the
Government of Canada (Phase 1). The Project, as defined by the Environmental Assessment
Study Report and the EA Screening Report, involves the excavation of the waste and its
relocation and long term storage in an engineered mound to be constructed to the north of the
existing waste management facility (Phase 2), followed by a Maintenance and Monitoring Phase
over the long term (Phase 3).
A licence from the CNSC is required in order for the construction of the Project to proceed
(approximately 2012-2018) and the Maintenance and Monitoring Plan (2019 and beyond) to be
implemented. PHAI MO has initiated the detailed engineering work required in order to obtain
these approvals.
The Property Value Protection (PVP) Program is a key element of the Legal Agreement and is
one of a broad range of measures established by the Proponent to mitigate the impacts of the
1
845
Project on the surrounding Port Granby community. The Program is intended to ensure that
homeowners selling their homes within a defined area are not financially disadvantaged by the
activities of the Port Hope Area Initiative. To do this, the Program determines the unaffected fair
market value of the property (as if the Initiative does not exist) and compensates the seller for
the difference between the unaffected value and the selling price.
In response to a request from residents who live in the vicinity of the Port Granby Project,
Clarington Council has decided to retain an independent resource person to assist residents
who are selling their homes in their dealings with the PVP Program.
Interpretation
1. In this Agreement,
"Resource Person" means Neil Ryan of Ryan Realty Services Ltd.; and
"Project Services" means the services that are to be performed by the Company in
accordance with this Agreement.
2. A recital, schedule, annex or a description of the parties forms part of this Agreement.
3. In this Agreement, unless a contrary intention appears, words imparting a gender include
any other gender and words in the singular include the plural and vice versa.
4. Clause headings in this Agreement are for the convenience of reference only and have
no effect in limiting or extending the language of the provisions to which they refer.
5. This Agreement shall be governed by the Laws of the Province of Ontario.
Entire Agreement
6. This Agreement constitutes the entire agreement between the Municipality and the
Company in relation to the Project Services and any previous correspondence is
expressly excluded.
Term
7. This Agreement shall come into effect on the date that the by-law approving the
Agreement has been passed by the Council of the Municipality and shall terminate on
December 31,2018 unless extended by mutual agreement of the Municipality and the
Company.
Termination
8. Either the Municipality or the Company may terminate this Agreement at any time by
giving the other 30 calendar days' written notice of such action.
9. If one party gives written notice to the other of a breach of this Agreement and the
breaching party fails to cure said breach within 10 days, the non-breaching party may
terminate this Agreement.
2
846
Project Services
10. The Company shall be responsible for the provision of services related to acting as a
resource person for Clarington residents in their dealings with the Property Value
Protection Program. Only those residents with property located in the Clarington portion
of the Property Value Protection Area as defined by the Legal Agreement are eligible to
use the services of the Resource Person. The responsibilities of the Resource Person
are as follows:
a) Consult with the home owner prior to the listing of a property.
The Resource Person shall assist the home owner in reviewing the market
analyses prepared by prospective realtors, and provide advice on a reasonable
list price and whether an appraisal should be undertaken at the time of listing.
b) Provide an oversight role in the property appraisal process.
The PVP Program will undertake an appraisal once a property has been on the
market for the period prescribed by the PVP Program (one-and-a-half times the
average days on market), and when an offer to purchase is submitted.
The Resource Person can assist the home owner in discussions with PVP staff
regarding the contracting of an appraiser to ensure the home owner is confident
of and comfortable with the appraisal process.
The Resource Person shall review the appraisal report with the PVP office, and
be able to question the appraiser directly if required. The Resource Person shall
review and discuss the appraisal report with the homeowner and seek further
clarification from the appraiser if necessary.
c) Provide ongoing support to the home owner during the listing period.
The Resource Person shall provide ongoing support and advice to the seller
throughout the duration of the listing, and facilitate discussions with the PVP
Program office when necessary and if requested by the home owner.
d) Provide advice and support to the home owner during the appeal process.
The Resource Person would provide advice to the home owner if they are
dissatisfied with the compensation being offered by the PVP Program, and assist
the home owner during the appeal process.
11. Services shall be provided primarily in the Port Granby area and at the PVP Program
office in Port Hope.
12. The Company shall use all reasonable efforts to complete within any agreed upon time-
frame the performance of all Project Services.
3
847
Reporting Relationship
13. When service is requested by a home owner, the Municipality shall be informed that the
Resource Person will be providing service. The rights to privacy of the home owner shall
be protected.
14. If the Resource Person believes the service requested is above and beyond that typically
provided, in consultation with the Municipality, the Resource Person shall have the right
to refuse to provide these additional services.
15. The Resource Person shall be Neil Ryan unless otherwise agreed to by the Municipality
in advance of any services being rendered.
Fees and Expenses
16. The Company shall provide its services on an "as required" basis at the following hourly
rate up to and including March 31, 2011:
. Mr. Neil Ryan
$150.00 per hour.
17. Billable time shall start from the time of leaving the office.
18. The Company shall not mark up fees or expenses.
19. On April 1 of each applicable year, fees shall be increased pro rata with the increase in the
Consumer Price Index (CPI) (all items) for Toronto with February 1 st of the previous year as
the base date and the increase for the coming year to be based on the increase, if any, in
the CPI from November 1 to November 1.
20. Expenses shall be billed by the Company to the Municipality at cost. Travel expenses
will be billed at the Municipality's travel rate or $0.52 per kilometre whichever is higher.
This rate will be adjusted annually to reflect the Municipality of Clarington's approved
mileage rate.
21. GST, HST and other applicable taxes are additional to the rates quoted in this
Agreement and shall be itemized separately on all invoices. Invoices shall be presented
to the Municipality monthly in arrears.
Assignment and Subcontracting
22. The Company may not assign or transfer this Agreement or any interest therein, or
subcontract any portion of the work, without the prior written approval of the Municipality.
Insurance
23. The Company, at its sole cost and expense, shall insure its activities in connection with
the work under this Agreement and obtain, keep in force, and maintain insurance as
follows:
(a) Comprehensive General Liability Insurance including premises and all operations.
This insurance coverage shall be subject to limits of not less than $3,000,000
inclusive per occurrence for third party Bodily Injury and Property Damage or such
coverage or amount as may be requested. The policy shall include the
4
848
Municipality as additionally named insured in respect of all operations performed
by or on behalf of the Company. A certified copy of such policy shall be provided
to the Municipality prior to commencement of the work.
(b) Business Automobile Liability Insurance for owned, scheduled, non-owned, or
hired automobiles with a combined single limit not less than $1,000,000 per
occurrence; and
(c) Professional Liability Insurance with a limit of $1,000,000 per occurrence. If this
insurance is written qn a claims-made form, it shall continue for three years
following termination of this Agreement. The insurance shall have a retroactive
date of placement prior to or coinciding with the effective date of this Agreement.
24. The insurance coverage and limits referred to above shall not in any way limit the liability
of the Company. The Company shall furnish the Municipality with certificates of insurance
evidencing the compliance with all requirements prior to commencement of work under
this Agreement. Such certificates shall,
(a) provide 30 days advance notice to the Municipality of any modification, change, or
cancellation of any ofthe above insurance coverage;
(b) indicate that the Municipality has been endorsed as an additionally named
insured under the coverage referred to in clause 23(a); and
(c) include a provision that the coverage shall be primary and shall not participate
with nor be excess over any valid and collectible insurance or program of self
insurance carried or maintained by the Municipality.
Confidentiality
25. The Company shall treat as such all confidential proprietary information obtained from
the Municipality in the course of the engagement and will not use such information
except in connection with the performance of its services hereunder, subject to the
provisions of the Municipal Freedom of Information and Protection of Privacy Act.
Non-waiver
26. Waiver or non-enforcement by either party of a term or condition shall not constitute a
waiver or a non-enforcement of any other term or condition or any subsequent breach of
the same or similar term or condition.
Changes to this Agreement
27. Changes to this Agreement shall only be made by agreement in writin9 by both parties.
Independent Contractor
28. The services defined in this Agreement will be performed by the Company as an
independent contractor at arms length from, and not as an employee of, the Municipality.
5
849
Notice
29. Any notice, or any other thing to be given or delivered pursuant to this Agreement, shall
be deemed properly given if delivered personally or if mailed by registered mail or if
transmitted by facsimile or other form of recorded communication as follows:
(a) if to the Company:
Mr. Neil Ryan
Ryan Realty Services Ltd.
39 Westmore Street
Courtice, ON L 1 E 2H7
T: 905-434-5128; F: 905-433-8735
(b) if to the Municipality:
Director, Planning Services Department
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON L 1 C 3A6
T: 905-623-3379 F: 905-623-0830
(c) such other address of which the party to be notified shall have given written
notice to the other party in accordance with the aforementioned.
30. Any notice delivered to the party to whom it is addressed as provided above shall be
deemed to have been given and received on the day it is delivered at that address,
provided that if that day is not a business day, then the notice shall be deemed to have
been given and received on the first business day next following that day. Any notice
mailed shall be deemed to have been given and received on the third business day next
following the date of its mailing. Any notice transmitted by facsimile or other form of
recorded communication shall be deemed given and received on the first business day .
after its transmission.
31. In the event of postal disruption, notice must either be delivered personally or sent by
facsimile transmission or other form of recorded communication.
6
850
IN WITNESS WHEREOF the Municipality and the Company have signed this Agreement.
RYAN REALTY SERVICES L TO.
Mr. Neil Ryan, CRA
Principal
Ryan Realty Services Ltd.
Ms. Diane Ryan
SecretarylDirector
Ryan Realty Services Ltd.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Mr. Jim Abemethy
Mayor, Municipality of Clarington
Ms. Patti Barrie
Clerk, Municipality of Clarington
Date
Date
Date
Date
7
851
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a By-law to authorize a contract between the Corporation of the
Municipality of Clarington and Ryan Realty Services ltd. Courtice,
. Ontario, to enter into an agreement for Consulting Services for a Property
Value Protection Program Resource Person for the Port Granby long-
Term low-level Radioactive Waste Management Project
Attachment 6
To Report PSD-077 -10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOllOWS:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of
the Corporation of the Municipality of Clarington, with the Corporation
Seal, a contract between Ryan Realty Services Ltd., Courtice, Ontario,
and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-
law.
By-law read a first time this
day of
By-law read a second time this
day of
By-law read a third time and finally passed this
day of
2010
2010
2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
852
Clw:.-!llgtDn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21,2010
Resolution #: ,
By-law #: N/A
Report #: PSD-078-10
File #: PLN 29.10
Subject:
GREEN ENERGY ACT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-078-10 be received; and
2. THAT any interested parties listed in Report PSD-078-10 be notified of Council's
decision.
Submitted by:
\
FUav
June 10, 2010
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
853
REPORT NO.: PSD-078-10
PAGE 2
1.0 PURPOSE:
1.1 At the May 31st meeting, Council requested:
"That Municipal Staff provide a detailed report regarding wind turbine installations
in the Municipality of Clarington, including the implications of the Green Energy
Act upon Clarington residents."
1.2 While Council was specific in requesting information on wind turbine installations, the
Green Energy Act involves other forms of green power generation and the information
regarding the background and process are general to all the forms of green energy
covered by the Act. As such the report includes additional information beyond potential
wind turbine installations in Clarington.
2.0 BACKGROUND
2.1 Ontario's Green Energy Act (GEA), and related amendments to other legislation,
received Royal Assent on May 14, 2009. Regulations and other tools to implement the
legislation were introduced through the month of September, 2009.
2.2 A Renewable Energy Facilitation Office (REFO) has been created within the Ministry of
Energy and Infrastructure. The objectives of the Office are:
a) to facilitate the development of renewable energy projects;
b) to assist proponents with the approval processes and procedures,
including public consultation, and
c) to assist proponents of renewable energy projects with other potential
require.ments imposed by the Government of Canada.
2.3 The new Renewable Energy Approval (REA) process will support the Green Energy
initiative and the Ontario Government's Climate Change Action Plan that aims to reduce
greenhouse gas emissions, in.crease renewable energy generation and energy
conservation and create thousands of green jobs in Ontario. Information on
"Frequently Asked Questions" is available from the REFO office or on the website
(Attachment 1).
2.4 The REA integrates provincial review of the environmental issues and concerns that
were previously addressed through the local land use planning process (e.g. zoning or
site planning), the environmental assessment process and the environmental approvals
process (e.g. Certificates of Approval, Permits to Take Water). Municipalities no longer
have an approval role for Green Energy projects, rather they have an information
provision and commenting role.
854
REPORT NO.: PSD-078-10
PAGE 3
3.0 REQUIREMENTS FOR A RENEWABLE ENERGY APPROVAL
3.1 Regardless of the renewable energy source (wind, solar, biogas and biomass,
waterpower, geothermal) used to generate electricity most applications for an REA will
require a core set of reports:
. a project description report;
. a construction plan report;
. a design and operations report;
. a decommissioning plan report; and
. a consultation plan report.
3.2 Additional documents will be required depending on the project location, equipment or
technology being used to generate electricity. Requirements for technical. reports are
identified for each type of renewable energy generation facility. Drafts of these
documents, among others, must be made available to the public by the applicant at least
60 days prior to the date of their final public consultation meeting, which must occur prior
to submission of an application for an REA.
3.3 Under the REA Regulation, the different types of renewable energy generation facilities
are categorized by class. Each class of project has unique requirements based on their
nameplate capacity. Nameplate capacity is the maximum rated oufput of a generator
under specific conditions designated by the manufacturer. Generator nameplate capacity
is usually indicated in units of kilovolt-amperes (kVA) and in kilowatts (kW) on a
nameplate physically attached to the energy generator.
........................'...............w. ....... ............:iiI...........e....................... .
..).:~? .... .m".)fPae::,
Generating less than
or equal to 3 kW of
ower.
Generating more
than 3 kW but less
than 50 kW.
Generating 50 kW
and over.
SolarE.ner
Any size roof-top or
wall-mounted.
Ground mounted
generating less than
or e ual to 10 kW.
YES. However, the
requirements are scaled
down to reflect the low
impact nature of the
facili
YES
These turbines can generate enough
energy to power your dishwasher and
frid e.
These facilities are sometimes called
"small wind" and could support from 2 to
38 households, or supplement a small
commercial operation.
These facilities could supplement larger
scale industrial needs or more
households than "small wind" facilities.
NO. However most
facilities mounted on
buildings, may require a
munici al buildin ermit.
NO
Residential uses such as domestic hot
water, pools; Commercial use to feed
back into the grid.
These are typically found at hardware
and outdoor stores.
855
REPORT NO.: PSD-078-10
PAGE 4
Ground mounted
generating over 10
kW.
Note: The Regulation does not contain provisions for ground mounted solar energy facilities
based on soil classification (e.g. prime agricultural land). However, a directive issued by the
Minister of Energy and Infrastructure to the Ontario Power Authority (OPA) for the Feed-in
Tariff program instructs the OPA not to enter into contracts for ground-mounted solar
photovoltaic facilities located on certain classes of prime agricultural lands and specialty crop
lands.
Bio-Ener
Thermal treatment,
anaerobic
digestion, biofuel
combustion (e.g.
biodiesel), and
biogas.
YES
Facilities
YES. The requirements
that must be met vary
depending on the project
location (e.g. on a farm),
feedstock material and size
(e.g. greater or less than
500 kW .
Water Power Facilities
Wave energy, run NO. These projects
of the river. continue to require relevant
environmental assessment
and approvals processes
under the Ministries of the
Environment and Natural
Resources.
The average power requirement of 5 to
10 mid-sized homes is 10 kW.
Other permits may be required for off-site
inputs (i.e. Restaurant - food waste).
Hydroelectric dams follow an entirely
different process.
4.0 REQUIREMENTS SPECIFIC TO WIND TURBINES
4.1 The GEA sets out a number of classes for wind energy depending on the scale of the
development. Much of the municipal and public concerns have been with respect to
large scale turbines, rather than for small or micro sized turbines. The setbacks under
the GEA for large scale wind turbines are shown in Figure 1 below:
Setback in metres. (m) from closest Point of Reception
Number of corresponding to wind turbine Sound Power Levels .10 decibels ..
Wind Turbines (dBAl
102 dBA 103 -104 105dBA 106-107 >107dBA
dBA dBA
1 - 5 turbines 550m 600 m 850 m 950m Noise study
6 - 10 turbines 650 m 700 m 1000 m 1200 m required
11 - 25 turbines 750 m 850 m 1250 m 1500 m
26 + turbines Noise study required
856
REPORT NO.: PSD-078-10
PAGE 5
4.2 Ontario Regulation 359/09 sets out the information requirements and processing
requirements surrounding Renewable Energy Approvals for projects such as the large
scale wind developments. Although noise and environmental studies can be required
and mandatory minimum setbacks have been imposed; concern remains that the
standards do not adequately address the human health concerns associated with wind
farms. Separate requirements are also outlined for offshore wind projects, which are
categorized as Class 5 Wind Facilities. An Off-shore Wind Facility Report is required for
any Class 5 Wind Facility, as per O. Reg. 359/09.
5.0 MANDATORY CONSULTATION REQUIREMENTS
5.1 A component of the REA process is consultation with the general public, aboriginal
groups and local municipality(s). A proponent must document what was learned through
public consultation including how the project was changed in light of this information.
5.2 Public Consultation includes contact with landowners within 120 metres, a notice in the
local newspaper and at least two public meetings. All of the studies and reports
required as part of the REA process must be made available for public review prior to
the last public meeting. Some small scale wind projects (generating less than 50 kW)
are not subject to the public meetings or municipal consultation requirements of the
Regulation.
5.3 Consultation with the municipality (or municipalities) is required for most renewable
energy projects and must begin at least 90 days prior to the date of the final public
consultation meeting. This must also be before the applicant submits an REA
application. The Ministry of the Environment provides applicants with a form to
document municipal feedback on matters related to municipal services and local
infrastructure. The prescribed consultation form has two pages of questions for the
Municipality to respond to.
5.4 The questions seek information regarding:
. Roads (access, Traffic Management Plans);
. Service Connections (location of service connections other than roads);
. Facility Other (landscape design, emergency procedures, easements); and
. Project Construction (site rehabilitation, locations of buried and above ground
utilities, building code issues, natural and cultural heritage features).
5.5 The Municipality introduced a new fee for 2010 regarding the provision of comments
and information for renewable energy projects.
5.6 Through the REA process, a proponent must consult, not seek approval from the
Municipality. The only exception to this is when a renewable energy project requires the
removal and use of aggregate materials. In this case, municipal approvals are sought
for the aggregate license, not the REA.
857
REPORT NO.: PSD-078-10
PAGE 6
6.0 RECENT CONTRACT APPROVALS BY ONTARIO POWER AUTHORITY
6.1 On April 8, 2010 Ontario Power Authority released the listing of contracts they have
offered. The feed-in-tariff (FIT) administered by Ontario Power Authority is a
straightforward way to contract for renewable energy generation. It provides
standardized program rules, prices and contracts. Feed-in tariffs refer to the specific
prices paid to renewable energy suppliers for the electricity produced by the generating
facility. The pricing structure provides a reasonable return on investment and is .
differentiated by project size and technology type. The FIT Program is for projects over
10 kilowatts; and the microFIT Program is for projects 10 kilowatts or less.
6.2 Three c~ntracts were offered FIT contracts, that affect Clarington. ZEP Windfarm
Ganaraska in the Orono area, Clarington Windfarm by Leader Energy and Hybridyne
Solarfarm. The Hybridyne Solarfarm proceeded with a rezoning application in advance
of the Green Energy Act being introduced. As such, the Municipality played a more
significant role and have more knowledge of this project.
7.0 WIND TURBINE PROPOSALS IN CLARINGTON.
7.1 The Windfarms that have been proposed in Clarington have posted to their websites the
area that they are studying (Attachment 2). The two windfarm projects have not to date
consulted with the Municipality although we have been notified of their proposals. The
ZEP Windfarm proponents held a public meeting in July 2009 in Orono.
7.2 The ClaringtonWind Farm proposed by Leader Energy is for a 10 MegaWatt FIT
contract which would be between 3-5 turbines. While the study area identified is large,
the specific location of the turbines has not been provided to the Municipality.
7.3 The Ganaraska Wind Farm proposed by ZEP is for a 20 MegaWatt FIT contract which
is 6-10 turbines. Again, the study area identified is large and the specific sites have not
been provided to the Municipality, to date.
7.4 It is our understanding, the specific locations will not be made public until the 90 day
REA consultation period is initiated by the proponents.
8.0 HEALTH ISSUES RELATED TO WIND TURBINES
8.1 Public and Municipal Concerns with Respect to Renewable Enerav Development
Although there are a range of public concerns from aesthetic to environmental, one of
the most prominent local concerns has been the impact of large scale wind turbines on
human health. In areas of Bruce and Dufferin Counties, where wind farms are already
constructed, there have been a number of cases of 'wind turbine syndrome', which has
symptoms including:
. Loss of sleep or sleep disturbance,
. Headaches I migraines,
858
REPORT NO.: PSD-078-10
PAGE 7
. Inner ear ringing or Tinnitus,
. Dizziness,
. Vertigo,
. Blurred vision,
. Heart palpitations,
. High blood pressure,
. Psychological stress, or
. Gastrointestinal problems;
Although the GEA includes setbacks of a minimum of 550 metres to sensitive receptors,
members of the public concede that this distance is insufficient to combat known and
unknown human health impacts.
8.2 In the past two years there have been three notable studies by medical professionals
which has concluded that there are no known adverse health impacts from wind
turbines, where the turbines have been properly sited: .
1. "Wind Turbine Sound and Health Effects An Expert Panel Review" prepared for
AWEA and CANWEA.
2. "The Health Impact of Wind Turbines: A Review of the Current White, Grey, and
Published Literature" prepared by Chatham-Kent Public Health Unit.
3. "The Potential Health Impact of Wind Turbines" prepared by the Chief Medical
Officer of Health recently released by the Association of Municipalities of Ontario
(Attachments 3 and 4).
9.0 CONCLUSIONS
9.1 The Green Energy Act and the related regulations, exclude municipalities (both upper
and lower tier) from the approval process. Council could support or oppose a project by
notifying the Ministry of Energy and Infrastructure in writing. Council can also express
to the proponent their support or opposition to a project.
9.2 The municipal role is to provide the information required on the Consultation Form when
requested. The Consultation Form is provided by the proponent as part of the REA
process. The Municipality has set a $5,000 fee to prepare this information. To date,
other than Hybridyne Solarfarm, no requests for information have .been submitted to the
Municipality.
9.3 The REA process is administered by the Renewable Energy Facilitation Office. The
Municipality will continue to provide as much information to the public and assist the
REA process as much as possible.
Staff Contact: Faye Langmaid
859
REPORTNO.: PSD-078-10
PAGE 8
Attachments:
Attachment 1 - Frequently Asked Questions -Renewable Energy Approval:
http://www.mei.gov.on.ca/en/energy/renewable/index. php?page=refo _office
Attachment 2 - Windfarm Study Areas in Clarington
Attachment 3 - AMO Policy Update - Wind Turbines
Attachment 4 - Synopsis: .
http://www.health.gov.on.ca/en/public/publications/ministry _reportslwind_turbine/wind_turbine.
pdf
860
Attachment 1
To Report PSD-078-1 0
Freauentlv Asked Questions - Renewable Enerav Approval
Why does the ministry believe a setback of 550 .metres for wind turbines is a safe
distance?
. The minimum setback for wind projects of 550 metres will ensure noise levels do not
exceed 40 decibels at buildings used by people, such as a residence. Forty decibels
is approximately the noise level experienced in a quiet office or library.
. The setbacks rise with the number of turbines and the sound level rating of selected
turbines. For example, a turbine with a sound power level of 106 decibels has to
meet a setback of 950 metres from the nearest receptor.
. We're confident that the science around 550 meters is sound. We used the most
conservative modelling available nationally and internationally, and our experiences
in Ontario and that of other jurisdictions supports this.
. Going forward, the Ministry of the Environment will develop the science to monitor
and measure low frequency noise, as currently there are no established and
accepted protocols. In the future, wind farm operators may be required, through
conditions of the Renewable Energy Approval, to monitor and address perceptible
low frequency noise once acceptable protocols for doing so have been established.
Will renewable energy development be permitted in wetlands and other
ecologically sensitive areas?
.. Protecting significant natural features such as wetlands and the hydrologic functions
they support are important to this government.
. The REA establishes clear rules to continue to protect significant natural features
and sensitive water bodies so that renewable energy project applicants know they
must protect these important features and the hydrologic functions they support.
. Renewable energy facilities will not be permitted in provincially significant wetlands in
Southern Ontario or coastal wetlands.
. In some instances a renewable energy facility may be permitted within 120 metres of
provincially significant wetlands, but only if an environmental impact study
demonstrates the ability to mitigate negative effects and is confirmed by the MNR.
How will species at risk, birds and bats be protected?
. The ministry is committed to ensuring that renewable energy projects are protective
of the natural environment.
. Existing rules under MNR's Endangered Species Act will remain. Applicants must
obtain a permit under the Endangered Species Act from MNR should their project
have the potential to negatively affect a species or habitat protected under the Act.
. As part of the REA for most project types, a study of the potential impacts on wildlife
habitat must be completed to the satisfaction of the MNR.
. The proposed process integrates existing study requirements with provincial
standards to ensure the natural environment is protected.
861
How will the environment be protected now that the Environmental Assessment
Act powers have been removed?
· The new process integrates existing previous study requirements with provincial
standards to ensure the natural environment is protected.
· The Renewable Energy Approval process ensures transparent decision making and
provides opportunity for public participation in the process.
· The new process replaces what was largely a proponent driven environmental
assessment framework and replaces it with clear provincial rules and requirements.
How will the new approval process be any faster than the existing process?
· The ministry has introduced a streamlined approvals process and a service
guarantee that bring with them greater certainty for developers who follow the rules.
How will I be consulted if there's a project in my community?_
· The renewable energy approval process ensures transparent decision making and
provides opportunity for public participation in the process.
· Applicants must provide written notice to all adjacent land owners, as well as public
notice within a 120 metre ~adius of the proposed renewable energy generation
facility at a preliminary stage of the project planning, and post at least two
consecutive notices in a local newspaper.
· For most projects, applicants must also consult with local municipalities on specific
matters related to municipal land, infrastructure, services and information and will be
required to post a notice in a local newspaper of general circulation within the
municipality where the project is located.
· Once ready to submit the application for Ministry of the Environment review, the
applicant will be required to hold at least two community consultatio.n meeting to
discuss the project and its potential local impact.
· Any required studies must be made available for public review 60 days prior to the
date of the second or final community consultation meeting.
· Municipal input is an important part of the REA process, and through a transparent
decision making process local concerns can be addressed in a timely manner.
862
How will Aboriginal communities be consulted and the impacts on their rights
considered as part of the approval?
.. Aboriginal consultation will be mandatory for the applicant as part of the regulatory
requirements for a Renewable Energy Approval.
.. While the Crown will delegate certain procedural aspects of consultation to an
applicant, the duty to consult rests with the Crown. The Crown will work to ensure
that the duty to consult is fulfilled prior to a project being eligible for approval.
.. During this process, aboriginal communities will have an opportunity to raise issues
and concerns with the applicant and the ministry.
.. If the applicant has not already appropriately considered impacts on Aboriginal and
treaty rights, the Director can direct them to go back and consult before accepting
their application for review.
.. The Director will also consider the impacts of a project on aboriginal and treaty rights
when setting conditions in the renewable energy approval.
What role will municipalities have in siting wind turbine projects?
.. The ministry recognizes the importance of local decision making with respect to
specific matters related to municipal land, services and information.
.. A proponent of a renewable energy project will have to consult with local
municipalities prior to applying for a Renewable Energy Approval.
.. The ministry has developed a template for this consultation, which the proponent will
,use to relay project specific matters raised by the municipality. This document is to
be submitted to the ministry as part of the application. .
.. The renewable energy approval process would ensure transparency of decision
making and provide opportunity for municipal engagement in the process.
How do I know if my project needs approval?
.. Wind power facility projects over three kW will require a Renewable Energy
Approval (REA). The requirements that must be met to obtain a REA vary depending
on the project's output (mW). For wind facilities generating between three and 50
kW, known as small wind projects, requirements are simplified and there are no
mandatory setbacks. Facilities mounted on buildings may require building permits.
For further information, contact the local building permit department.
.. Solar power facility projects that are roof-top or wall-mounted solar facilities are
exempt from a Renewable Energy Approval. Any ground-mounted solar facility
capable of producing over 10 kW will require a REA. Ten kW is the average energy
requirements of five to 10 households and uses a surface area of about 55 square
metres.
863
· Sio-energy power facility projects must use biogas or biomass source material as
defined under the Electricity Act. Sio-energy projects that are located on a farm and
are already subject to an approved Nutrient Management Strategy under the Nutrient
Management Act are exempt from obtaining a Renewable Energy Approval.
· Water power facility projects do not require a Renewable Energy Approval. The
Water Power Class Environmental Assessment dated October 2008 is the source
document for u.nderstanding the rules governing the development of water power
projects. Water power projects must also obtain the existing permits and approvals
from the Ministry of the Environment and Ministry of Natural Resources.
. For more information on renewable energy generation projects, and what is required
for approvals, please contact the Renewable Energy Facilitation Office at
REFO~ontario.ca or 1-877-440-REFO(7336) or (416) 212-6582.
As a developer do I have to send multiple applications to different ministries to
get my project approved?
· The Ministry of the Environment now has a single approval. The process integrates
existing study requirements with provincial standards to ensure the natural
environment is protect~d.
· The Ministry of Natural Resources will continue to issue its approvals under its
existing legislation but in a fashion that is coordinated with the Renewable Energy
Approval providing clear guidance to help proponents through the process.
· Though multiple approvals are being issued based on experience and mandates of
various ministries there will still be a one-window approach for renewable energy
project approvals through a facilitator's office.
What happens to wind and other renewable energy projects that are part way
through the current approval process?
· It is proposed that projects currently holding all required approvals for their facility,
such as a Certificate of Approval, will not require a Renewable Energy Approvaland
will not be subject to the new rules, unless or until an amendment to the Certificate
of Approval is required.
· The ministry recognizes that there are projects where substantial work has been
done to date but yet all final approvals have not been obtained.
· Projects that have an Ontario Power Authority contract and have issued a notice of
Completion at the time of the regulation's proclamation continue with EA process
and apply for a Certificate of Approval. These projects, however, must comply with
the 550 metre minimum noise setback and the new property and road setbacks will
apply.
· Some projects - such as solar and biogas/biomass - do not require an
environmental approval under the current rules, but will require a REA under the
new rules. If these projects have an OPA contract and would have not been
prohibited under municipal zoning prior to proclamation, they will be able to apply for
a Certificate of Approval instead of a Renewable Energy Approval.
864
. It is proposed that where projects that have ministry approvals (e.g., a Permit to
Take Water or Certificate of Approval) will not be required to get a Renewable
Energy Approval unless there is a need for a change to the approval or permit.
What if I have a question about the application? Is there someone that I can contact
for more information/assistance?
. For more information, please contact the Renewable Energy Facilitation Office
(REFO) by email: REFO@ontario.ca, or by telephone:1-877-440-REFO(7336) or
(416) 212-6582
865
Attachment 2
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AMO I Chief Medical Officer of Health Releases Review of Potential Health Impact of W... Page 1 of I
Attachment 3
To Report PSD-078-10
..Me
A~.ocialion of ,\1unkip.ditin of Ontario
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A'l.Sodalion ot Mookipalitin ot Ontario
AMO Policy Update - May 27, 2010
Wind Turbines
Chief Medical Officer of Health Releases Review of Potential Health Impact of Wind Turbines
A technical working group led by the Chief Medical Officer of Health (CMOH) has just released a svnoosis of
existing scientific evidence on the potential health impact of noise generated by wind turbines. The results are of
interest to the municipal sector because the working group sought to answer questions commonly raised by those
concerned with perceived health effects of wind turbines such as:
. What scientific evidence is available on the potential health impacts of wind turbines?
. What is the relationship between wind turbine noise and health?
. What is the relationship between low frequency sound, infrasound and health?
. How is exposure to wind turbine noise assessed?
. Are Ontario wind turbine setbacks protective from potential wind turbine health and safety hazards?
. What consultation process with the community is required before wind farms are constructed?
. Are there data gaps or research needs?
The review concludes that while some people living near wind turbines report symptoms such as dizziness,
headaches, and sleep disturbance, the scientific evidence available to date does not demonstrate a direct causal
link between wind turbine noise and adverse health effects. There was no support for claims that the noise, shadow
flicker, electromagnetic fields, vibration, ice throw, or low frequency sound associated with wind turbines cause
adverse health effects,
In terms of the regulatory environment governing wind turbines (a synopsis of which is available under Policy
Issues on the AMO website), the report found the 550 m setback is adequate but that community engagement
deserves "greater attention in future developments". Early engagement cif the affected community at the outset of
planning for wind turbines is important to not only address perceived health concerns about wind farms but also to
address issues of fairness and equ,ity, which also may influence a.ttitudes about effects on health,
AMO Contact: Scott Vokey, Energy Services Coordinator, email: svokey@amo.on.ca. (416) 971-9856 ext, 357
867
http://www.amo.on.ca/AM/PrinterTemplate.cfm?Section=Home&TEMPLATE=/CM/HTM. .. 6/1/2010
Attachment 4
To Report PSD-078-10
Chief Medical Officer of Health (CMOH) Report
May 2010
868
Summary of Review
This report was prepared by the Chief Medical Officer of Health (CMOH) of Ontalio in response to
public health concerns about wind turbines, particularly related to noise.
Assisted by a technical working group comprised of members from the Ontario Agency for Health
Protection and Promotion (OAHPP), the Ministry of Health and Long-Term Care (MOHLTC) and
several Medical Officers of Health in Ontario with the support of the Council of Ontario Medical
Officers of Health (COMOH), tJlis report presents a synopsis of existing scientific evidence on the
potential health impact of noise generated by wind turbines.
The review concludes that while some people living near wind turbines report symptoms such
as dizziness, headaches, and sleep disturbance, the scientific evidence available to date does
not demonstrate a direct causal link between wind turbine noise and adverse health effects.
The sound level from wind turbines at common residential setbacks is not sufficient to cause
hearing impairment or other direct health effects, although some people may fmd it annoying,
869
I ntrod uction
In response to public health concerns about wind turbines, the CMOH conducted a review of existing
scientific evidence on the potential health impact of wind turbines in collaboration and consultation
with a technical working group composed of ~embers from the OAHPp, MOHLTC and COMOH.
A literature search was conducted to identify papers and reports (from 1970 to date) on wind turbines
and health from scientific bibliographic databases, grey literature, and from a structured Internet
search. Databases searched include MEDLlNE, PubMed, Environmental Engineering Abstracts,
Environment Complete, INSPEC, Scholars Portal and Scopus. Information was also gathered through
discussions with relevant government agencies, including the Ministry of the Environment and the
Ministry of Energy and Infrastructure and with input provided by individuals and other organizations
such as Wind Concerns Ontario.
In general, published papers in peer-reviewed scientific journals, and reviews by recognized health
authorities such as the World Health Organization (WHO) carry more weight in the assessment of
health risks than case studies and anecdotal reports.
The review and consultation with the Council of Ontario Medical Officers of Health focused on the
following questions:
· What scientific evidence is available on the potential health impacts of wind turbines?
· What is the relationship between wind turbine noise and health?
· What is the relationship between low frequency sound, infrasound and health?
· How is exposure to wind turbine noise assessed?
· Are Ontario wind turbine setbacks protective from potential wind turbine health and
safety hazards?
· What consultation process with the community is required before wind farms are constructed?
· Are there data gaps or research needs?
The following summarizes the findings of the review and consultation.
4
870
Wind Turbines and Health
2.1 Overview
A list of the materials reviewed is found in Appendix 1. It includes research studies, review articles,
reports, presentations, and websites,
Technical terms used in this report are defined in a Glossary (page 11),
The main research data available to date on wind turbines and health include:
. Four cross-sectional studies, published in scientific journals, which investigated the relationships
between exposure to wind turbine noise and annoyance in large samples of people (351 to 1,948)
living in Europe near wind turbines (see section 2.2).
. Published case studies of ten families with a total of 38 affected people living near wind turbines
in several countries (Canada, UK, Ireland, Italy and USA) (Pierpont 2009), However, these cases
are not found in scientific journals, A range of symptoms including dizziness, headaches, and
sleep disturbance, were reported by these people, The researcher (Pierpont) suggested that the
symptoms were related to wind turbine noise, particularly low frequency sounds and infrasound,
but did not investigate the relationships between noise and symptoms. It should be noted that
no conclusions on the health impact of wind turbines can be drawn from Pierpont's work due to
methodological limitations including small sample size, lack of exposure data, lack of controls and
selection bias,
. Research on the potential health and safety hazards of wind turbine shadow flicker,
electromagnetic fields (EMFs), ice throw and ice shed, and stmctural hazards (see section 2.3).
A synthesis of the research available on the potential health impacts of exposure to noise and physical
hazards from wind turbines on nearby residents is found in sections 2.2 and 2.3, including research on
low frequency sound and infrasound, This is followed by information on wind turbine regulation in
Ontario (section 3,0), and our conclusions (section 4.0).
2.2. Sound and Noise
Sound is characterized by its sound pressure level (loudness) and frequency (pitch), which are measured
in standard units known as decibel (dB) and Hertz (Hz), respectively. The normal human ear perceives
sounds at frequencies ranging from 20Hz to 20,000 Hz. Frequencies below 200 Hz are commonly referred
to as "low frequency sound" and those below 20Hz as "infrasound," but the boundary between them
is not rigid, There is variation between people in their ability to perceive sound. Although generally
considered inaudible, infrasound at high-enough sound pressure levels can be audible to some people,
Noise is defined as an unwanted sound (Rogers et al, 2006, Leventhall2oo3),
Wind turbines generate sound through mechanical and aerodynamic routes, The sound level depends
on various factors including design and wind speed. Current generation upwind model turbines are
quieter than older downwind models, The dominant sound source from modern wind turbines is
aerodynamic, produced by the rotation of the turbine blades through air. The aerodynamic noise is
present at all frequencies, from infrasound to low frequency to the nornlal audible range, producing
the characteristic "swishing" sound (Leventhall 2006, Colby et al, 2009).
5
871
Environmental sound pressure levels are most commonly measured using an A-weighted scale. This scale
gives less weight to very low and very high frequency components that is similar to the way the human
ear perceives sound, Sound levels around wind turbines are usually predicted by modelling, rather than
assessed by actual measurements.
The impact of sound on health is directly related to its pressure level. High sound pressure levels (> 75dB)
could result in hearing impairment depending on the duration of exposure and sensitivity of the individual.
Current requirements for wind turbine setbacks in Ontario are intended to limit noise at the nearest
residence to 40 dB (see section 3). This is a sound level comparable to indoor background sound, This
noise limit is consistent with the night-time noise guideline of 40 dB that the World Health Organization
(WHO) Europe recommends for the protection of public health from community noise. According to the
WHO, this guideline is below the level at which effects on sleep and health occurs. However, it is above the
level at which complaints may occur (WHO 2009),
Available scientific data indicate that sound levels associated with wind turbines at common residential
setbacks are not sufficient to damage hearing or to cause other direct adverse health effects, but some
people may still find the sound annoying,
Studies in Sweden and the Netherlands (Pedersen et al, 2009, Pedersen and Waye 2008, Pedersen and
Waye 2007, Pedersen and Waye 2004) have found direct relationships between modelled sound pressure
level and self-reported perception of sound and annoyance. The association between sound pressure level
and sound perception was stronger than that with annoyance, The sound was annoying only to a small
percentage of the exposed people; approximately 4 to 10 per cent were very annoyed at sound levels
between 35 and 45dBA. Annoyance was strongly correlated with individual perceptions of wind turbines.
Negative attitudes, such as an aversion to the visual impact of wind turbines on the landscape, were
associated with increased annoyance, while positive attitudes, such as direct economic benefit from wind
turbines, were associated with decreased annoyance. Wind turbine noise was perceived as more annoying
than transportation or industrial noise at comparable levels, possibly due to its swishing quality, changes
throughout a 24 hour period, and lack of night-time abatement.
2.2.1 Low Frequency Sound, Infrasound and Vibration
Concerns have been raised about human exposure to "low frequency sound" and "infrasound"
(see section 2.2 for definitions) from wind turbines. There is no scientific evidence, however, to
indicate that low frequency sound generated from wind turbines causes adverse health effects,
Low frequency sound and infrasound are everywhere in the environment. They are emitted from natural
sources (e.g" wind, rivers) and from artificial sources including road traffic, aircraft, and ventilation
systems. The most common source of infrasound is vehicles. Under many conditions, low frequency sound
below 40Hz from wind turbines cannot be distinguished from environmental background noise from the
wind itself (LeventhalI2006, Colby et al 2009),
Low frequency sound from environmental sources can produce annoyance in sensitive people, and
infrasound at high sound pressure levels, above the threshold for hunlan hearing, can cause severe ear
pain, There is no evidence of adverse health effects from infrasound below the sound pressure level of
90dB (Leventhall 2003 and 2006),
Studies conducted to assess wind turbine noise indicate that infrasound and low frequency sounds from
modem wind turbines are well below the level where lmown health effects occur, typically at 50 to 70dB,
6
872
A small increase in sound level at low frequency can result in a large increase in perceived loudness. This
may be difficult to ignore, even at relatively low sound pressures, increasing the potential for annoyance
(Jakobsen 2005, Leventhall2006),
A Portuguese research group (Alves-Pereira and Castelo Branco 2007) has proposed that excessive long-
term exposure to vibration from high levels of low frequency sound and infrasound can cause whole
body system pathology (vibro-acoustic disease), 'This finding has not been recognized by the international
medical and scientific community, This research group also hypothesized that a family living near wind
turbines will develop vibro-acoustic disease from exposure to low frequency sotmd, but has not provided
evidence to support this (Alves-Pereira and Castelo Branco 2007).
2.2.2 Sound Exposure Assessment
Little information is available on actual measurements of sound levels generated from wind turbines and
other environmental sources, Since there is no widely accepted protocol for the measurement of noise
from wind turbines, current regulatory requirements are based on modelling (see section 3.0).
2.3 Other Potential Health Hazards of Wind Turbines
The potential health impacts of electromagnetic fields (EMFs), shadow flicker, ice throw and ice shed,
and structural hazards of wind turbines have been reviewed in two reports (Chatham-Kent Public Health
Unit 2008; Rideout et al201O). The following summarizes the findings from these reviews.
· EMFs
Wind turbines are not considered a significant source of EMF exposure since emissions levels around
wind farms are low.
· Shadow Flicker
Shadow flicker occurs when the blades of a turbine rotate in sunny conditions, casting moving shadows
on the ground that result in alternating changes in light intensity appearing to flick on and off. About
3 per cent of people with epilepsy are photosensitive, generally to flicker frequencies between 5-30Hz,
Most industrial turbines rotate at a speed below these flicker frequencies,
· Ice Throw and Ice Shed
Depending on weather conditions, ice may form on wind turbines and may be thrown or break loose
and fall to the ground, Ice throw launched far from the tlU'bine may pose a significant hazard. Ice that
sheds from stationary components presents a potential risk to service personnel near the wind fann.
Sizable ice fragments have been reported to be found within 100 metres of the wind turbine. Turbines
can be stopped during icy conditions to minimize the risk.
· Structural hazards
The maximwn reported throw distance in docwnented turbine blade failure is 150 metres for an entire
blade, and 500 metres for a blade fragment, Risks of turbine blade faillU'e reported in a Dutch handbook
range from one in 2,400 to one in 20,000 turbines per year (Braarn et al 2005). II\iuries and fatalities
associated with wind turbines have been reported, mostly during construction and maintenance
related activities,
7
873
8
Wind Turbine Regulation in Ontario
The Ministry of the Environment regulates wind turbines in Ontario. A new regulation for renewable
energy projects carne into effect on September 24, 2009. The requirements include minimum setbacks
and community consultations,
3.1 Setbacks
Provincial setbacks were established to protect Ontarians from potential health and safety hazards of
wind turbines including noise and structural hazards,
The minimum setback for a wind turbine is 550 metres from a receptor. The ,setbacks rise with the
number of turbines and the sound level rating of the selected turbines. For example, a wind project
with five turbines, each with a sOlUld power level of 107dB, must have its turbines setback at a minimum
950 metres from the nearest receptor,
These setbacks are based on modelling of sonnd produced by wind turbines and are intended to limit
sonnd at the nearest residence to no more than 40 dB. This limit is consistent with limits used to control
noise from other environmental sourceS, It is also consistent with the night-time noise guideline of 40 dB
that the World Health Organization (WHO) Europe recommends for the protection of public health from
community noise. According to the WHO, this guideline is below the level at which effects on sleep and
health occurs, However, it is above the level at which complaints may occur (WHO 2009).
Ontario used the most conservative sound modelling available nationally and internationally,
which is supported by experiences in the province and in other jurisdictions (MOE 2009). As yet,
a measurement protocol to verify compliance with the modelled limits in the field has not been
developed. The Ministry of the Environment has recently hired independent consultants to develop a
procedure for measuring audible sOlUld from wind turbines and also to review low frequency sOlUld
impacts from wind turbines, and to develop recommendations regarding low frequency sound.
Ontario setback distances for wind turbine noise control also take into acconnt potential risk of iI\jury
from ice throw and structural failure of wind turbines, The risk of iI\jury is minimized with setbacks of
200 to 500 metres,
3.2 Community Consultation
The Ministry of the Environment requires applicants for wind turbine projects to provide written
notice to all assessed land owners within 120 metres of the project location at a preliminary stage
of the project planning. Applicants must also post a notice on at least two separate days in a local
newspaper. As well, applican~ are required to notify local municipalities and any Aboriginal community
that may have a constitutionally protected right or interest that could be impacted by the project.
Before submitting an application to the Ministry of the Environment, the applicant is also required
to hold a minimum of two commlUlity consultation meetings to discuss the project and its potential
local impact. To ensure informed consultation, any required studies must be made available for public
review 60 days prior to the date of the fmal community meeting. Following these meetings the applicant
is required to submit as part of their application a Consultation Report that describes the comments
received and how these comments were considered in the proposal.
874
The applicant must also consult directly with local municipalities prior to applying for a Renewable Energy
Approval on specific matters related to municipal lands, infrastructure, and services. The Ministry of the
Environment has developed a template, which the applicant is required to use to document project-specific
matters raised by the municipality. This must be submitted to the ministry as part of the application. The
focus of this consultation is to enSlU'e important local service and infrastructlU'e concerns are considered
in the project.
For small wind projects (under 50 kW) the public meeting requirements above are not applicable due to
their limited potential impacts,
9
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10
Conclusions
The following are the main conclusions of the review and consultation on the health impacts of
wind turbines:
· While some people living near wind turbines report symptoms such as dizziness, headaches, and
sleep disturbance, the scientific evidence available to date does not demonstrate a direct causal
link between wind turbine noise and adverse health effects,
· The sound level from wind turbines at common residential setbacks is not sufficient to cause
hearing impairment or other direct adverse health effects. However, some people might fmd it
annoying. It has been suggested that annoyance may be a reaction to the characteristic "swishing"
or fluctuating nature of wind turbine sound rather than to the intensity of sound.
· Low frequency sound and infrasound from current generation upwind model turbines are well
below the pressure sound levels at which mown health effects occur. Further, there is no scientific
evidence to date that vibration from low frequency wind turbine noise causes adverse health effects.
· Community engagement at the outset of planning for wind turbines is important and may alleviate
health concerns ab,out wind fanns.
· Concerns about fairness and equity may also influence attitudes towards wind fanns and allegations
about effects on health, These factors deserve greater attention in future developments.
The review also identified that sound measurements at residential areas around wind turbines and
comparisons with sound levels around other rural and urban areas, to assess actual ambient noise
levels prevalent in Ontario, is a key data gap that could be addressed. An assessment of noise levels
around wind power developments and other residential environments, including monitoring for
sound level compliance, is an important prerequisite to making an informed decision on whether
epidemiological studies looking at health outcomes will be useful,
876
Glossary
A-weighted decibels (dBA)
The sound pressure level in decibels as measured on a sound level meter using an A-weighted filter,
The A-weighted filter de-emphasizes the very low and very high frequencies of the sound in a manner
similar to the frequency response of the human ear,
Decibel (dB)
Unit of measurement of the loudness (intensity) of sound, Loudness of normal adult human voice is about
60-70 dB at three feet, The decibel scale is a logarithmic scale and it increases/decreases by a factor of 10 from
one scale increment to the next adjacent one,
Downwind model turbines
Downwind model turbines have the blades of the rotor located behind the supporting tower structure, facing
away from the wind, The supporting tower structure blocks some of the wind that blows towards the blades,
Electromagnetic fields (EMFs)
Electromagnetic fields are a combination of invisible electric and magnetic fields. They occur both naturally
(light is a natural form of EMF) and as a result of human activity. Nearly all electrical and electronic devices
emit some type of EMF.
Grey literature
Infomlation.produced by all levels of government, academics, business and industry in electronic and print
formats not controlled by commercial publishing, Le" where publishing is not the primary activity of the
producing body,
Hertz (Hz)
A unit of measurement of frequency; the number of cycles per second of a periodic waveform,
Infrasound
Commonly refers to sound at frequencies below 20Hz, Although generally considered inaudible,
infrasound at high-enough sound pressure levels can be audible to some people,
Low frequency sound
Commonly refers to sound at frequencies between 20 and 200 Hz,
Noise
Noise is an unwanted sound,
Shadow Flicker
Shadow flicker is a result of the sun casting intermittent shadows from the rotating blades of a wind turbine
onto a sensitive receptor such as a window in a building, The flicker is due to alternating light intensity
between the direct beam of sunlight and the shadow from the turbine blades,
Sound
Sound is wave-like variations in air pressure that occur at frequencies that can be audible, It is characterized
by its loudness (sound pressure level) and pitch (frequency), which are measured in standard units known as
decibel (dB) and Hertz (Hz), respectively, The normal human ear perceives sounds at frequencies ranging from
20Hz to 20,000 Hz.
Upwind model turbines
Upwind model turbines have the blades of the rotor located in front of the supporting tower structure, similar
to how a propeller is at the front of an airplane, Upwind turbines are a modem design and are quieter than the
older downwind models.
Wrnd turbine
Wmd turbines are large towers with rotating blades that use wind to generate electricity,
11
877
Appendix 1: list of Documents on Wind Turbines
Journal Articles and Books
Braam HGJ, et al, Handboek risicozonering windturbines, Netherlands: SenterNovem; 2005.
Jakobsen J, Infrasound emission from wind turbines, J Low Freq Noise Vib Active Contt', 2005;24(3): 145-155,
Keith SE, Michaud DS, Bly SHP. A proposal for evaluating the potential health effects of wind turbine noise
for projects under the Canadian Environmental Assessment Act, J Low Freq Noise Vi.b Active Control,
2008;27(4):253-265.
Leventhall G. Infrasound from wind turbines: fact, fiction or deception, Can Acoust: 2006;34(2):29-36,
Pedersen E, Hallberg LR-M, Waye KP. Living in the vicinity of wind turbines: a grounded theory study,
Qual Res Psychol, 2007;4(1-2):49-63,
Pedersen E, Larsman P. The impact of visual factors on noise annoyance among people living in the vicinity of
wind turbines, J Environ Psychol, 2008;28(4):379-389,
Pedersen E, Persson Waye K Wmd turbines: low level noise sources interfering with restoration? Environ Res
Lett, 2008;3:015002, Available from: http://www.iop,org/EJ/article/1748-9326/3/1/0l5002/erl8_1_015oo2,pdf,
Pedersen E, Persson Waye K. Wind turbine noise, annoyance and self-reported health and well-being in different
living environments. Occup Environ Med, 2007;64(7):480-6,
Pedersen E, van den Berg F, Bakker R, Bouma J. Response to noise from modem wind fanns in The Netherlands,
J Acoust Soc Am, 2009;126(2):634-43,
Pedersen E, Waye KP. Perception and annoyance due to wind turbine noise - a dose-response relationship, '
J Acoust Soc Am, 2004;116(6):3460-70,
van den Berg GP. Effects of the wind profIle at night on wind turbine sound. J Sound Vib, 2004;277(4-5):955-970,
Available from: http://www.nowap,co,uk/docs/windnoise.pdf,
Grey literature
Chatham-Kent Public Health Unit The health impact of wind turbines: a review of the current white, grey, and
published literature, Chatham, ON: Chatham-Kent Municipal Council; 2008 [cited 2010 Mar 5], Available from: ,
http://www. wind-works,org/LargeTurbineslHealth%20and%20Wmd%20by%20C- K%20Health%20Unit. pdf,
Colby WD, Dobie R, Leventhall G, Lipscomb DM, McCunney RJ, Seilo MT, et al. Wind turbine sound and health
effects, An expert panel review: American Wind Energy Association & Canadian Wmd Energy Association;
2009 [cited 2009 Dec 21], Available from: http://www.canwea.calpdf/talkwind/Wmd_Turbine_Sound_and_Health_
Effects,pdf.
Rideout K, Copes R, Bos C. Wmd turbines and health, Vancouver: National Collaborating Centre for Environmental
Health; 2010 Jan [cited 2010 Mar 5], Available from: http://www.ncceh.ca!files/Wmd_Turbines_January_201O.pdf.
Wmd turbines and Health: a review of evidence. Toronto: Ontario Agency for Health Protection and Promotion;
2009 [cited 2010 Mar 5], Available from: http://www.oahpp.calresources/documentslpresentationsl2009septlO/
Wmd%20Turbines%20-%20Sept%20 10%202009, pdf,
Environmental Protection Agency, Office of Water, Auxiliary and supplemental power fact sheet: wind turbines.
Washington, DC: Environmental Protection Agency; 2007 [cited 2010 Jan 7], Available from http://www,epa.gov/
owmlmtb/wind_final,pdf.
12
878
.
Leventhall G, Pehnear p, Benton S, A review of published research on low frequency noise and its effects, London,
England: Department for Envirorunent, Food and Rural Affairs; 2003 [cited 2010 Mar 5], Contract No,: EPG 1/2/50.
Available 'from: http://www,defra,gov, uk/envirorunentJquality/noise/researcMowfrequency/documents/
lowfreqnoise,pdf,
Minnesota Department of Health, Envirorunental Health Division, Public health impacts of wind turbines,
Saint Paul, MN: Minnesota Department of Commerce, Office of Energy Security; 2009 [cited 2010 Mar 5].
Available from: http://energyfacilities,puc,state,mn,us/docwnents!Public%20Health%2OImpacts%200f%20Wmd%20
Thrbines, %205,22, Ogo.-620Revised, pdf.
National Research Council, Committee on Envirorunental Impacts of Wind-Energy Projects, Envirorunental
impacts of wind-energy projects, Washington, DC: National Academies Press; 2007,
Ontario, Ministry of the Envirorunent. Frequently asked questions: renewable energy approval.
Toronto: Queen's Printer for Ontario; 2009, Available from: http://www.ene.gov.on.ca/enlbusiness/green-energy/
docs/F AQs%20-final. pdf.
Ontario, Ministry of the Envirorunent. Noise guidelines for wind farms: interpretation for applying MOE NPC
publications to wind power generation facilities, Toronto: Queen's Printer for Ontario; 2008 [cited 2010 Mar 5],
Available from: htt.p:I/www.ene.gov.on.ca/publications/4 70ge, pdf,
Ontario, Ministry of the Envirorunent, Development of noise setbacks for wind farms: requirements for compliance
with MOE noise limits, Toronto, ON: Queen's Printer for Ontario; 2009. Available from
http://www.ene.gov.on.ca/enlbusiness/green-energy/docs/WmdN oiseSetbacks, pdf,
Pedersen E. Human response to wind turbine noise: perception, annoyance and moderating factors, Goteborg,
Sweden: Goteborgs Universitet, Sahlgrenska Acedemy, Department of Public Health and Conununity Medicine;
2007 [cited 2010 Mar 5]. Available from: http://gupea,ub,gu,se/dspace/bitstream/2077/443111/gupea_2077_4431_1.pdf,
Pierpont N, Wmd turbine syndrome: a report on a natural experiment [pre-publication draft], Santa Fe, NM:
K-Selected Books; 2009 [cited 2010 Mar 5], Available from: http://www.windturbinesyndrome.comlwp-contentJ
uploads/2009/03/ms-ready-for-posting-on-wtscom-3-7 -09, pdf.
Ramakrishnan R (Aiolos Engineering Corporation), Wind turbine facilities noise issues,
Toronto: Queen's Printer for Ontario; 2007 [cited 2010 Mar 5], Report No.: 4071/2180/ARI55Rev3,
Available from: https:/lozone,scholarsportal,info/bitstream/1873/13073/1/283287, pdf,
Rogers AL, Manwell JF, Wright S, Wind turbine acoustic noise: a white paper. Amherst, MA: University of
Massachusetts at Amherst, Department of Mechanical and Industrial Engineering, Renewable Energy Research
Laboratory; 2006 [cited 2010 Mar 5], Available from: http://www,ceere,orglrerVpublications/whitepapers/Wmd_
Thrbine_Acoustic _N oise_Rev2006, pdf,
van den Berg F, Pedersen E, Bouma J, Bakker R. Project WINDFARMperception: visual and acoustic impact of
wind turbine farms on residents: final report, Groningen, Netherlands: University of Groningen; 2008 [cited 2010
Mar 5], Published jointly by the University of Groningen and the University of Gothenburg, Available from:
http://www, wind-watch,org/documents/wp-contentJuploads/wfp-fmal-l,pdf,
Whitford J, Model wind turbine by-laws and best practices for Nova Scotia municipalities: fmal report,
Halifax, NS: Union of Nova Scotia Municipalities; 2008 [cited 2009 Apr 21], Contract No.: 1031581.
Available from: http://www.sustainability-unsm.ca/our-work.htrnl.
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879
Cl~!:il1gtnn
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21,2010
Resolution #:
By-law #:
Report #: PSD-079-10
File #: COPA 2007-0011,
ZBA 2007-0036 & PLN 14.10
Subject:
PROPOSED AMENDMENTS TO THE CLARINGTON OFFICIAL PLAN FOR
THE CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-079-10 be received;
2. THAT Official Plan Amendment No. 57 to the Clarington Official Plan as contained in
Attachment 3 to Report PSD-079-10 be adopted and that the necessary By'"law be
passed;
3. THAT staff be requested to present the zoning by-law to implement Official Plan
Amendment No. 57 at the first meeting of the General Purpose and Administration
Committee Meeting in September 2010; and
4. THAT all interested parties listed in Report PSD-079-10 and any delegations be advised
of Council's decision.
Submitted by:
Reviewed by:
, FCSLA, MCIP krrI n In Wu,
r of Planning Services 1r Chief Administrative Officer
DJ/COS/df/sn
15 June 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
880
REPORT NO.: PSD-079-10
PAGE 2
1.0 APPUCA TION DETAILS
1.1 Applicant:
The Municipality of Clarington
1.2 Owner:
Numerous private owners (notified as interested parties)
1.3 Proposal:
Amendments to the Clarington Official Plan and the approval of a
Secondary Plan to facilitate the development of the Clarington
Technology Business Park
1.4 Area:
142.7 hectares (352 acres)
1.5 Location:
North of Highway 401, between Bennett Road on the east and
Haines Street on the west and bounded to the north by Highway 2
2.0 PURPOSE OF REPORT
2.1 This report seeks to finalize the planning framework and implementation strategy for the
development of a Technology Business Park through certain amendments to the
Clarington Official Plan and the adoption of a Secondary Pla~ for the business park
area.
3.0 BACKGROUND
3.1 After an extensive site search in other municipalities, with the assistance of Economic
Development and Planning Services Staff, Holburn Biomedical bought 50 acres of land
west of Bennett Road and rezoned a portion of it to facilitate the construction of a
biomedical research facility.
3.2 Recognizing the potential of Holburn Biomedical as a catalyst for future development,
Council authorized staff to retain Urban Strategies Inc. to prepare a planning and urban
design study. Totten Sims Hubicki Ltd. (TSH), now AECOM, were retained to complete
the servicing component of the study which included the preparation of the Bennett
Creek Master Drainage Plan.
3.3 The initial phase of these studies culminated in back-to-back meetings with major land
owners within the study area and an Open House on June 16, 2005 at which Urban
Strategies and TSH presented the background work that had been completed to date.
3.4 Concurrent with this proposal a number of planning and development initiatives were
underway, that would and still are shaping this initiative, such as the Regional
Employment Lands Study, the Regional Official Plan Review, the Growth Plan, the
Commercial Policy Review, the Bennett Creek Master Drainage Plan, and the A YT
application for large-format retail commercial uses.
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REPORT NO.: PSD-079-10
PAGE 3
3.5' On January 22, 2007 staff and the consultants: Urban Strategies, TSH and the Climans
Group provided Council with an update on the project. The next steps in the project
were to complete the Draft Planning Rationale Report, prepare a Draft Secondary Plan,
an implementing zoning by-law, and hold a Public Open House.
3.6 On April 2, 2007 Council denied the application by A YT Corporation to permit a large
format retail complex at the north-west corner of Highway 2 and Bennett Road. Council
refused the application based on the argument that the proposal contradicted the urban
form and commercial policy objectives of the Municipality. This resolution upheld the
Official Plan policy of protection of employment lands from re-designation and the
Municipality's commitment to comprehensive planning and development for the area in
accordance with the objectives set out in the Commercial Policy Review.
3.7 On April 23, 2007 Staff submitted an update report on the project to Council. A second
Public Open House was held on April 30, 2007 at which the background studies, the
core components of the Planning Rationale Report and the Draft Secondary Plan were
presented for discussion and input. All the land owners in the proposed Technology
Business Park site were invited, and the majority attended.
3.8 On October 1,2007, a Public Meeting was held to consider the proposed Official Plan
and Zoning By-law amendments and Secondary Plan for the proposed business park.
The Planning Rationale Report, which is a comprehensive vision for planning the
Technology Business Park, was circulated to Council under separate cover. The report
was referred back to Staff for consideration of public and agency comments and to
continue being processed.
3.9 In September 2008, The Bennett Creek Master Drainage Plan was completed. One of
major issues to resolve was the size of the stormwater pond at the southwest corner of
the business park area. The pond size became a contentious issue for some of the
land owners because of how it impacted their land holdings.
3.10 During 2009 and 2010 staff have been working on finalizing the Secondary Plan
document attached to this report while simultaneously working on the Official Plan
Review discussion paper on Employment Lands. The discussion paper reinforces the
Council decision to move ahead with the Technology Business Park as a key site for
employment growth in our community.
4.0 VISION FOR THE TECHNOLOGY BUSINESS PARK
4.1 The Technology Business Park will leverage the existing physical assets, the locale and
promote the establishment of prestige employment uses. The Technology Business
Park will:
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REPORT NO.: PSD-079-10
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. Be a research park having linkages to other research agencies and provide a
real world laboratory where new technologies are tested and applied;
. Have a global market focus and will accommodate niche-markets, promote
synergies amongst users and provide access to economic incentives;
. Be a prime destination for prestige employment uses and high-end job
creation in Clarington;
. Enhance and diversify Clarington's employment base; and,
. Become a' signature facility in Bowmanville and an eastern gateway to the
GT A, promoting the strength of Clarington's economy and quality of life.
4.2 Realizing the importance of this initiative as a major catalyst for economic investment
and job creation, Council in its Corporate Strategic Business Plan 2007-2010 identified
the Technology and the Energy Business Parks as the Municipality's primary economic
development objective. This confirms Council's commitment towards the development
of a very specific business destination aimed at clustering Life Science and Information
and Communication Technology industries.
5.0 LAND CHARACTERISTICS AND SURROUNDING USES
5.1 The site is 142.7 hectares in size and strategically located along Highway 401, offering
excellent visibility and proximity to Highway 401. It is bounded to the east by Bennett
Road and to the west by Haines Street. Highway 2 forms the area's northern boundary.
5,2 The Technology Business Park site has no obvious impediments to development,
except for the southwest corner that is partially within a flood plain of Bennett Creek and
a significant woodlot on the southeast portion of the area.
5.3 Currently, the predominant land use is agricultural with some residential properties
clustered along portions of Haines Street, Lambs Road and Highway 2. The Holburn
facility is situated on the eastern side of the Technology Business Park site, along
Bennett Road. A variety of other uses such as a church, a fitness studio, a pools/spa's
and accessory business, farm produce sales outlet and home businesses are found
along Highway 2.
5.4 The surrounding uses are as follows:
North
South
East
West
- Highway 2 and single detached dwellings on smaller agricultural lots;
- Highway 401 and further south is a partly developed light industrial area;
- agriculture;
- cemetery lands and existing industrial area.
5.5 Infrastructure services within the Technology Business Park area can be summarized
as follows:
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REPORT NO.: PSD-079-10
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Sanitary Sewer: No sanitary sewers have been extended to the Technology Business
Park area. The existing sanitary sewer on Baseline Road, west of Haines Street would
not be able to accommodate new developments within the Park. Various alternatives to
service the Park are currently being reviewed in consultation with the Region. The Host
Community Agreement approved by Council for the Energy from Waste facility includes
a commitment by the Region to commence the environmental assessment process to
support the provision of municipal services to the Technology Business Park.
Water servicing: There is a 900 mm diameter feeder main on Haines Street and a 300
mm main on Baseline Road from Haines Street to Bennett Road. Other lands within the
Technology Business Park are currently not serviced with municipal water. Alternatives
to service the Technology Business Park with municipal water are also under review.
Storm water management: Based on work completed to date stormwater run-off for the
majority of Business Park lands would drain into Bennett Creek. A small part of the
study area drains towards Highway 2 and ultimately to a tributary of Soper Creek. A
Master Drainage Plan has been completed for the Bennett Creek drainage area and
provides more detail with regard to pond location and design, routing, costing and
implementation of the stormwater management plan.
Road network: The Technology Business Park area is currently accessible from
Highway 401 via Bennett Road, which forms the eastern boundary of the Park. Haines
Road, a rural local road forms the western edge of the business park while Highway 2
provides access from the north. Baseline Road, a Regional arterial, extends west/east
and halfway into the business park - AECOM is currently preparing the design details
for the portion that is to be extended to Bennett Road. Lambs Road, also an arterial,
extends from south to north through the site. These roads are being incorporated into
the road network of the business park but function and capacity will change as the
area develops and new roads are added to the local road network.
Other infrastructure services: The need for electricity, gas and fibre-optic services will
be assessed as the demand for these services arises through development
applications.
5.6 Eight Cultural Heritage Resource buildings are located within the Technology Business
Park site. These buildings are not designated under the Ontario Heritage Act. The
protection and integration of these structures in the development of the Technology
Business Park, will be encouraged whenever possible. An archaeological survey will be
required at the time of subdivision application.
5.7 Natural heritage features include the woodlot in the south eastern corner of the site and
Bennett Creek, which is to be reinstated. The creek and the woodlot will be designated
as Environmental Protection Area and will be integrated into the open space framework
for the business park.
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6.0 PROVINCIAL POLICY
6.1 Provincial Policy Statement
6.1.1 The Provincial Policy Statement 2005 (PPS) states that an adequate supply of
employment lands, providing locations for a variety of appropriate employment uses, will
be maintained to ensure the vitality of the provincial economy and it encourages the
planning for, protecting and preserving of employment areas for current and future uses.
The Climans Group findings in its Industrial Lands Market Analysis, a background study
to this planning initiative, supports the PPS in that it calls for protection, branding and
marketing of these lands as a cluster for economic development.
6.1.2 The PPS requires Municipalities to promote economic development and
competitiveness by ensuring the necessary infrastructure provides support to current
and projected employment needs. Through this planning initiative the Municipality of
Clarington in consultation with the Regional Municipality of Durham and land owners is
seeking the timely and effective provision of infrastructure ~o these employment lands.
6.1.3 The PPS calls for the protection of Employment Lands. The uses contemplated
emphasize this provincial policy. Some commercial uses are proposed only as
accessory uses to meet the needs of a prestige business park.
6.2 Provincial Growth Plan
6.2.1 The Growth Plan states that through sub-area assessment, the Minister of Public
Infrastructure Renewal, in consultation with other spheres of government and
municipalities will identify provincially significant employment areas including prime
industrial lands. In its comments on the Proposed Growth Plan, before it came into
effect, the Municipality requested that the Growth Plan recognise the proposed
Technology Business Park in Bowmanville and the emerging cluster of energy-related
industries at the Energy Business Park in Courtice. The sub-area assessment is yet to
be done. It is hoped that the proposed Technology Business Park will be recognized as
such and assist in paving the way for much needed Provincial and Regional investment
and/or incentives.
6.2.2 Durham Region, in its comments on the Growth Plan, proposed that the regional
economic assessment provide opportunity for Durham to promote economic clusters,
such as automotive manufacturing and energy; and provincially significant designated
employment areas, particularly around key transportation corridors such as Highway
401 and 407. The site for the proposed Technology Business Park is situated between
Highway 401 and Highway 2, two key transportation corridors in the Region.
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REPORT NO.: PSD-079-10
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6,2.3 Building compact, vibrant and complete communities is one of the key guiding principles
of the Growth Plan. The term "Complete Community" refers to a community that meets
people's needs for daily living 'throughout an entire life-time by providing convenient
access to an appropriate mix of jobs, local services, housing and community
infrastructure. The proposed Technology Business Park site is centrally situated in a
highly accessible urban area between two transit corridors and will play an important
. role in Clarington's efforts to attain a "complete community".
6.2.4 The Growth Plan has policies pertaining to conditions under which employment lands
may be converted to non-employment uses. This policy has a bearing on the type of
uses to be introduced along Highway 2, as this has been identified as a Regional
Corridor in accordance with Amendment 128 to the Regional Official Plan. The
introduction of non-employment uses along this particular section of the Highway 2
corridor in the Technology Business Park will be subject to a Mixed Use Corridor
designation, as proposed in the Secondary Plan, and simultaneously have to meet
policies of the Growth Plan.
6.2.5 As part of the implementation of the Growth Plan, on April 2, 2008 the Province issued
the Built Boundary for the four urban areas in Clarington. Map A (Land Use and
Primary roads) in the Secondary Plan illustrates the area within the Built Boundary in
the Technology Business Park.
7.0 OFFICIAL PLANS
7.1 Durham Reaional Official Plan
7.1.1 Regional Official Plan Amendment 128 (ROPA 128) contains similar policies on
Employment Lands to the PPS and Provincial Growth Plan, in that they encourage the
maximization of employment opportunities, the designation of sites having a high
degree of exposure and good access for employment intensive uses; they discourage
the use of Employment Area lands intended for industrial uses by retail/commercial
uses and encourage prestige employment uses with high employment generating
capacity and greater architectural detail, landscaping and site controls along Highways
and Type A and B Arterial roads. ROPA 128 also contains certain policies that speak
specifically to business parks, which have been recognized through this planning
proposal.
The recent draft decision on ROPA 128 by the Minister of Municipal Affairs (MMAH)
suggested that "Offices" and "Business Parks" be removed from Employment Areas, but
the Region indicated that based on further discussions with the Province, the Province's
primary concern is with offices and business parks being located in parts of
Employment Areas that are not adequately served by transit. The Region indicated that
they' do not support the removal of these uses as it is inconsistent with the definitions for
employment areas in both the PPS and the Growth Plan. To address the concern of
inadequate public transit the Region'proposed to modify its policy to encourage offices
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REPORT NO.: PSD-079-10
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and business parks to locate along Regional Corridors and highways in Employment
Areas. The Technology Business Park is situated along the Highway 2 Regional
Corridor and the 401 Highway. Except for this issue, which will hopefully be resolved by
the Region's proposed changes to ROPA 128, there are no other modifications
suggested by MMAH that would affect the Technology Business Park.
7.1.2 It is significant that the proposed Technology Business Park site is located adjacent to
Highway 401, Baseline Road (Type A Arterial), Highway 2 and Lambs Road (Type B
Arterials). Further it encourages the Local Official Plans to designate areas for prestige
development and specify design and landscaping controls for such a~eas. It also
recommends that the Municipality introduce urban design guidelines and landscaping
standards for such areas.
7.1.3 The current Durham Region Official Plan designates the Technology Business Park site
"Employment Area", and the area along Highway 2 as a "Regional Corridor". ROPA 128
implements the provincial Growth Plan and retains these designations; however it
details certain specific standards for Regional corridor areas in employment lands.
"Regional Corridors" shall be planned and developed in accordance with certain criteria
as mixed-use areas, which include residential, commercial and service areas with
higher densities, supporting higher order transit services and featuring a high degree of
pedestrian oriented design, as detailed in area municipal official plans.
7.2 Clarinaton Official Plan
7.2.1 The key principles of the Official Plan namely sustainable development, healthy
communities and growth management have been recognised through this planning
initiative as the basis for the policies for the development of the Technology Business
Park such as:
. global environmental concerns, energy conservation and ecosystem integrity
through urban design and sustainability policies and regulations;
. the remediation of natural systems through the reinstatement of Bennett Creek
and protection of the significant woodlot and natural hedge rows;
. personal well being, economic vitality and community identity through the
establishment of a unique employment cluster that will further diversify our local
economy;
. public involvement through public open houses, public notices, the public
meeting and ongoing consultation;
. urban design excellence through specific urban design standards and zoning
regulations that will create a sense of place and unique urban address; and,
. structured growth by directing the development of the Technology Business Park
to an area within the urban area of Bowmanville.
7.2.2 One of the key strategic directions in the Official Plan is Economic Development. The
proposed Technology Business Park will definitely contribute towards the economic
goals of promoting Clarington as a prime business location in the GTA. In addition it
assists in creating a community where residents can live in reasonable proximity to their
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REPORT NO.: PSD-079-10
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work places. It embodies the economic development policies, creates new employment
opportunities and promotes corporate office and industrial developments in strategic
locations along the 401.
7.2.3 The Clarington Official Plan currently designates the northern portion along Highway 2
as well as the central area on both sides of Lambs Road as Prestige Employment Area.
The predominant land uses in such areas shall be professional, corporate and office
buildings, research and development facilities, commercial and technical schools,
certain commercial, community and recreational uses including banks, restaurants,
athletic clubs etc. under certain provisions.
The remainder of the site is designated either Light Industrial or General Industrial. The
predominant uses within the Light Industrial area would be manufacturing, assembling,
processing, fabricating, repairing, research and development, and warehousing while
limited-scale commercial, community and recreational uses are also permitted. General
Industrial areas permit the same uses found in Light Industrial areas, but allows more
outside storage and storage height. It also permits truck terminals and the repair,
storage and sale of commercial transport vehicles having direct access or connection to
an arterial road but not occupying high visibility sites adjacent to freeways or major
entranceways. Non-toxic waste processing facilities and asphalt plants may only be
permitted in General Industrial Areas by site-specific rezoning.
7.2.4 The existing land use designations are not consistent with the vision for the Technology
Business Park, specifically with regard to urban design, land use and scale. They have
not been carried forward into the proposed Official Plan designations envisioned for the
site. It is important however to emphasize that the proposed Official Plan and the
Secondary Plan are not removing any employment lands from the area, but it is merely
"refining" the land use designations and regulations to fit the vision for the Technology
Business Park.
7.2.5 Proposed Clarington Official Plan Amendments and Draft Secondary Plan
Clarington Official Plan Amendment (Attachment 3)
The Planning Rationale Report recommends amendments to the Official Plan to
facilitate the desired development. The proposed amendments establish generic
policies to develop business parks and allow secondary plans -to be created.
Appropriate changes have been made where necessary.
The Technology Business Park has been added to the East Bowmanville Industrial Area
Community Improvement Area. This will recognize the site as a high priority
employment area and will provide a planning tool to provide incentives and possibly
access funding for infrastructure and economic development once a CIP is prepared.
Part 6 of the Official Plan will be amended by adding a Secondary Plan which explains
the vision, framework and guidelines for the site and enshrines them in policy. The
Secondary Plan Land Use framework consists of the following:
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REPORT NO.: PSD-079-10
PAGE 10
. Prestige Employment 1 Area
This area is the gateway to the Technology Business Park and is the most
appropriate location for employment intensive uses exhibiting a high standard of
building and landscape design.
. Prestige Employment 2 Area:
This area is intended for employment intensive uses exhibiting a high standard of
building and landscape design, yet to a lesser degree than those found in
Prestige Employment 1 Areas. Prestige Employment 2 will accommodate
smaller lot sizes and a required less landscape development than Prestige
Employment 1.
. Light Industrial Area
This area is designated in less visible areas of the site and generally caters for
higher employment density and more truck traffic.
. Mixed Use Corridor Area
This area is intended for the location of high-order employment, personal service
and ancillary uses that will benefit from a high profile location along Highway 2
and complement the function of the Technology Business Park.
. Environmental Protection Area
This area encompasses natural heritage features, flood line areas and publicly
owned stormwater retention and management facilities;
-and-
A street network of roads that are interconnected, hierarchical and based on a modified
grid that responds to the unique characteristics of the site, maximizes property frontages
and optimizes vehicular access and movement. Each of the blocks can be developed
as single lots or further subdivided into smaller parcels. There are three primary roads
proposed that help with the creation of a unique and distinctive Technology Business
Park, namely:
. Baseline Road, the main entry road and the east-west spine of the Technology
Park, with a right of way width of 36 metres;
. Discovery Drive, an internal ring road that will link the road network of local and
regional roads and provide secondary access throughout the Technology
Business Park; and
. Esplanade Drive, a north-south street that will visually connect the portion of the
park north of Baseline Road with the southern part adjacent to Highway 401, thus
providing opportunities for prominent vistas.
889
REPORT NO.: PSD-079-10
PAGE 11
8.0 ZONING BY-LAW (84-63)
8.1 During the public consultation process, a preliminary zoning by-law was presented and
comments were received from the public and agencies. These comments are included
in Attachments 4 and 5.
8.2 Once Council approves the Official Plan Amendment and Secondary Plan, staff will
proceed to prepare the implementing zoning by-law and present it to Council at its first
General Purpose and Administration Committee meeting in September 2010. This
additional time will allow staff to prepare a specific zoning by-law for the business park
that reflects the new directions provided by Places to Grow and ROPA 128 in terms of
land uses and development standards for employment lands. In addition, staff intends to
meet with property owners prior to presenting the zoning by-law to Council.
9.0 SUMMARY OF BACKGROUND STUDIES
9.1 Since the inception of this planning initiative, the following background studies have
been compiled in consultation with Planning Services and Engineering Services Staff:
. Draft Master Drainage Plan - by TSH (now AECOM) including infrastructure
service delivery and transportation network ;
· Industrial Lands Market Analysis (for parcels bigger than 25 acres) - The
Climans Group; and a
. Planning and Urban Design study - Urban Strategies.
9.2 The key components of the above mentioned background studieswere compressed
into a single report known as the "Science + Technology Park Planning Rationale
Report" dated July 24,2007, prepared by Urban Strategies, and made available for
public review and comment.
9.3 The Planning Rationale Report contains the following key components:
a. Historical perspective - an explanation as to what initiated this planning exercise,
the steps and events leading up to this plan and the economic context of the
planning proposal with specific emphasis on the convergence of Life Science and
Information Technology;
b. The Vision for the business park site - a conceptual vision for the business park
based on an analysis of the physical characteristics and other economic forces
affecting the study area;
c. Current initiatives and policy - a discussion on all significant infrastructure
initiatives and Planning legislation/policies that have an impact on the proposed
Technology Business Park site e.g. the proposed relocation of the 401 Bennett
Road interchange, and the Provincial Growth Plan;
890
REPORT NO.: PSD-079-10
PAGE 12
d. Market analysis - a detailed discussion on the research methodology used to
evaluate the relative attraction of the study area amongst the range of
competitive employment areas that exist throughout Durham Region, and of the
findings of this analysis. The analysis proposed the following initiatives to protect
the competitive advantages of the proposed Technology Business Park:
. Prepare a Master Plan for the Technology Business Park;
. Create buffer lands to ensure complementary future land use and
development around the business park site;
. Promote the whole area as a Technology Business Park; and
. Proactively market and emphasize the location and primary function of
the technology business.
e. A physical development framework that addresses the foundation upon which the
vision for the park can be realized and is comprised of the Open Space Network,
Roads Network and Land Use Districts and Municipal servicing;
f. Urban Design Guidelines - a short explanation on the broad urban design
strategy and approach to be imposed to maihtain a consistent, high quality image
befitting a Technology Business Park; and
g. Implementation - this section describes the tools and strategies to implement the
Vision and Planning framework for the proposed Technology Business Park.
9.4 The key findings of the Planning Rationale Report are embodied and further articulated
in the. proposed Official Plan Amendment and Secondary Plan.
10.0 PUBLIC NOTICE AND SUBMISSIONS
10.1 Open houses were held on June 16, 2005 and April 30, 2007. The first open house
included presentations by TSH and Urban Strategies on the background work that had
been completed. At the second open house the Qusiness park draft Secondary Plan
and proposed urban design guidelines were presented to the public and interested
parties.
10.2 Public notice with regard to the Public Meeting on October 1 st, 2007 was provided in
accordance with the provisions of the Planning Act and the Municipality of Clarington
Official Plan. The notice was placed in the local newspaper on September 12, 2007
and September 19, 2007.
10.3 Prior to the Public Meeting on October 1, 2007, staff received inquiries from two land
owners in the proposed Technology Business Park site on how the proposal will affect
existing uses on their properties while another land owner requested copies of the
planning documents accompanying this planning proposal. . A resident from Wilmot
Creek expressed concern over the exclusivity of the proposed business park and its
employment capacity. .
891
REPORT NO.: PSD-079-10
PAGE 13
10.4 The following submission was made at the public meeting:
· Ms. Jayne Salisbury spoke in opposition to the application. She expressed
concern over how the proposed changes will affect her property. She explained
that she did not understand how the property could become environmentally
protected when it is currently farmland and that she would like clarification on the
proposed interchange and the buffer zone.
10.5 Written submissions were received from the owners of the following properties:
. 582 Lambs Road;
. 261 and 275 Baseline Road East;
. 542 Lambs Road; and,
· the lands situated north-west and north-east of the Bennett Road/401
interchange(also known as the AYT lands).
Staff met with the property owners and have proposed solutions to their concerns.
10.6 A summary of the issues identified and Staff's response are outlined in table format and
contained in Attachment 4. A map showing the boundary of the Technology Business
Park with street addresses is included for ease of reference.
11.0 AGENCY COMMENTS
11.1 The Regional Municipality of Durham has no objection to the planning proposal and
confirmed that it is consistent with the Regional Official Plan, Provincial Policy
Statement and the Growth Plan. The Region has also exempted the planning
application as per By-law 11-2000 from Regional Approval. The Region provided
comments that are set out in Table 2 on Attachment 4 to this report.
Please note that only issues raised by the Region pertaining to the proposed planning
policy and preliminary zoning by-law are contained in Attachment 5. Suggested minor
changes to wording or terminology have been addressed in the final draft of the
Secondary Plan and OPA Amendment attached hereto. The Region's comment on
servicing will be further addressed through the proposed Infrastructure Master Plan
which is part of the implementation phase of this project.
11.2 The Engineering Services Department has provided comments with regard to the
original draft Secondary Plan. Engineering Staff have also been involved in a number of
the background studies that have been completed in support of the development of the
Technology Business Park and recommendations from these reports have been
incorporated into the Secondary Plan.
The Region of Durham has agreed to complete a Cla'ss EA for the provision of servicing
to the Technology Business Park as part of the Energy from Waste Host Community
Agreement and meetings regarding the timeframe and process for this project have
taken place.
892
REPORT NO.: PSD-079-10
PAGE 14
11.3 Comments received from the Clarington Heritage Committee indicated that the
Technology Business Park area contains 8 cultural heritage resource buildings, referred
to in Section 5.6 of this report. Provisions for the protection of these resources have
been included in the Secondary Plan.
11.4 No other agency comments were received. Specific requirements of agencies would be
addressed at the time of subdivision.
12.0 STAFF COMMENTS
12.1 As stated in paragraph 10.6 of this report, Staff's responses to the issues identified by
the public and the Region are outlined in table format in Attachments 4 and 5.
12.2 Planning Staff, after receiving the public and agency comments, did an in-depth review
of the proposed Secondary Plan policies, Land Use Map and preliminary Zoning By-law.
Attachments 4 and 5 address these issues/comments; revisions to the Official Plan
Amendment were included where appropriate.
12.3 TSH Consulting Engineers (now AECOM) recalculated the stormwater data in the Draft
Master Drainage Plan in accordance with revised floodline information and with the
percentage of impervious levels required through the Secondary Plan, resulting in a
smaller footprint for the proposed centralized pond south of Baseline Road. These
findings have certain implications for the issues identified by the owners of 542 and 582
Lambs Road which is further explained in Attachment 4.
12.4 The Technology Business Park should be developed using the principles of innovation,
sustainability and energy conservation, integration, diversity and design excellence.
The Secondary Plan will support development that facilitates growth in the Life Science,
Information and Communication sectors and seeks to encourage land use patterns and
urban design standards that support energy efficient buildings and green development.
12.5 The Urban Design Guidelines and the complementary land use standards are intended
to ensure that the Business Park maintains a consistent, high quality image and sense
of place, suitable to the Business Park seeking a global profile.
12.6 The Secondary Plan requires refinement of the urban design and details of specific
developments. These details will be addressed using the Technology Business Park
urban design framework.
12.7 With regards to the identified cultural heritage resources, a policy has been included in
the Technology Business Park Secondary Pla'n that encourages the incorporation of the
identified buildings into the future development proposals.
12.8 The Bennett Creek Master Drainage Plan has now been finalized.. Although the key
components and findings of the Master Drainage Plan have been incorporated in the
893
REPORT NO.: PSD-079-10
PAGE 15
planning framework, design policies are included in the proposed Secondary Plan and
will be further detailed in the upcoming Zoning By-law.
12.9 The successful marketing and development of the Technology Business Park will
depend upon the timely provision of regional infrastructure and the promotion of the
competitive attributes of the site. The Region's commitments in the Host Community
Agreement for the Energy from Waste facility are a major step forward with regard to
this.
12.10 Upon the approval of the Official Plan amendment and Secondary Plan, Planning
Services Staff will prepare the zoning by-law. After approval of the zoning by-law, Staff
will facilitate a workshop session with the Region, Clarington Board of Trade and the
property owners to consider:
· the next steps necessary to expedite development and to create partnerships; .
· phased servicing strategies (stormwater, water, sewage and roads); and
· a marketing plan and incentive strategy.
13.0 CONCLUSION
13.1 The Technology Business Park Secondary Plan and supporting documents provide
sound reasons for the creation of a prestigious technology cluster, in a campus setting,
characterized by high quality urban and landscape design. The timely provision of
infrastructure and the promotion of the competitive attributes of this business park are
principal keys to unlocking the economic potential of these employment lands. The
proposed planning framework outlined in this report will steer development of this area.
It will be designed and function such that it promotes synergy between Life Science, the
Information and Communication Technology Sectors.
Staff Contact: Dean Jacobs
Attachments:
Attachment 1 - Key Map - Technology Business Park site in Bowmanville
Attachment 2 - Table of current OP designations and proposed Secondary Plan designations
in the Technology Business Park site
Attachment 3 - Official Plan Amendment and Draft Secondary Plan
Attachment 4 - Table 1: Summary of issues and Staff comments
Attachment 5 - Table 2: Response to Region's comments and other minor revisions
894
REPORT NO.: PSD-079-10
PAGE 16
List of interested parties to be advised of Council's decision:
Holburn Biomedical Corp.
720114 Ontario Inc.
812640 Ontario Inc.
Edward Jake Snyder
Donald James Alford
Anglo York Industries
Anna Bruno
Ronald Cooke
Leon and Karen Devera
Eugene and Sharon Dupuis
East Bowmanville Industrial
James and Constance Gawley
Ruth and Ellen Gray
1524103 Ontario Ltd.
Brian and Kevin Hoskin
Jose Ibanez
Blake Johnston
Terrance Price
Barry and Jayne Salisbury
Anthony and Sylvian Suanders
Elliot and Joan Tremeer
Veridian Connectins Inc.
Samuel Gale Montgomery
John Buddo
Ron Cooke
Dean Robert Perkin
2037630 Ontario Limited
George William Farr
Farrview Holdings Inc.
Levin Samuel Blagrove
Region of Durham Planning
Central Lake Ontario Conservation
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Attachment 3
To Report PSD-079-10
Official Plan Amendment No. 57 to the Clarington Official Plan
Purpose
The purpose of this Amendment is to implement the recommendations of the'
Clarington Technology Park Planning Rationale Report.
This initiative is founded on and complements the Official Plan principle of
promoting a competitive, adaptable economic environment to encourage
investment and diversify employment opportunities, and it gives recognition to
the Municipality's Corporate Strategic Business Plan 2007-2010 that identifies
the Clarington Technology Business Park as one of the priority Economic
Development Objectives of Council.
Basis
A private company constructed a biotechnology research facility on a portion of a
50 acre parcel of land, on Bennett Road in East Bowmanville. This development
proposal led the Municipality to initiate a study of the area as a potential site for a
larger research "Business Park" or cluster for the convergence of Life Science
and Information and Communication Technology.
In 2004, the Municipality of Clarington commissioned Urban Strategies Inc. and
other consultants in market analysis and engineering to begin an urban design
and planning study for a portion of the lands described in this Secondary Plan.
TSH Consulting Engineers was responsible for traffic engineering and the
preparation of a Master Drainage Plan while the Climans Group conducted the
market analysis.
The study confirmed that the subject property is sufficiently unique to warrant the
effort and investment to achieve its inherent potential. It was recommended that
the master planning process should set as a goal the creation of a distinct
business address in Durham Region with excellence in building design that
would expand upon the physical and geographical assets of the property.
This Amendment is based upon the study team's analysis summarized in the
report entitled Clarington Science + Technology Park Planning Rationale Report
(July 24, 2007), and public consultations. As part of this process, affected
landowners and potential stakeholders were consulted and public information
sessions were held on June 16, 2005 and April 30, 20p7.
899
Proposed Amendment
The Clarington Official Plan is hereby amended as follows:
a) Add a new section 7.3.9 as follows:
"The Municipality recognizes the important role of the information and
communication technology and life science sectors in the local and
regional economy and will, in cooperation with other government
agencies, institutions and businesses, promote development of the
Clarington Technology Business Park.";
b)' By amending Map A3, Land Use, Bowmanville Urban Area, as shown on
Exhibit "A" to this amendment;
c) By amending Map B3, Transportation, Bowmanville Urban Area, as shown
on Exhibit "B" to this amendment;
d) By amending Section 3 of the "General Policies for Secondary Plans" to
include the following words: "i) Clarington Technology Business Park";
e) By removing "Bowmanville Subarea B5" in the third priority list in Section
22.3.2, and adding "Bowmanville Subarea B5" to the first priority list;
f) By amending Map I, Community Improvement Areas, as shown on Exhibit
"c" to this amendment; ,
g) By adding a new Secondary Plan to Part Six as follows:
899001
Exhibit "A", Amendment No. 57 To The Municipality of Clarington
Official Plan, Map A3, Land Use, Bowmanville Urban Area
DEFERRED BY
THE REGION OF DURHAM
Re-Allgn And Change
From "Collector Road"
To "Local Road"
LAKE ONTARIO
- - URSAN BOUNDARY
r771 FUTURE
~ URBAN RESIDENTIAL
D URBAN RESIDENTIAL
~ MEDIUM DENSITY
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NEIGHBOURHOOD
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PARK
BUSINESS PARK
D UTILITY
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L-...J PROTECTION AREA
_ GREEN SPACE
_WATERFRONT
GREENWAY
_ COMMUNITY PARK
MAP A3
LAND USE
BOWMANVILLE URBAN AREA
OFFICIAL PLAN
MUNICIPALITY OF CLARINGTON
JANUARY 2, 2007
.
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DISTRICT PARK
THIS CONSOlfDATION IS PROVDEOFOfl COHVf"'lE~e ONlY
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899002
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Exhibit "8", Amendment No. 57 To The Municipality of Clarington
Official Plan, Map 83, Transportation, 80wmanville Urban Area
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OFFICIAL PLAN
MUN,lCIPAUlY OF CLARINGTON
JANUARY 2. 2007
REFER TO SECTION 19
THIS CONSOUDAllON IS PROVIDED FOR CO
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Clarington Technology Business Park'
Secondary Plan
1. Introduction
1.1 The Clarington Technology Business Park is located immediately north of
Highway 401, between Bennett Road and Haines Street. Highway 2
forms the area's northern boundary. The subject lands are entirely within
the urban area of Bowmanville and designated as Employment Area in the
Regional Official Plan.
1.2 The area for the Technology Business Park, occupies 352 acres (142.7
hectares). It has been identified as an appropriate location for prestige
employment uses, forming a cluster of businesses in the technology
sector that can benefit from close proximity to the planned Clarington
Energy Business Park, Darlington Nuclear Generation Station, and the
University of Ontario Institute of Technology.
The overall goal of this Secondary Plan is to guide development of a
business park that facilitates employment growth, promotes innovation in
the technology sector in particular but not limited to the Life Sciences and
Information and Communication Technology industries. The Business
Park will also demonstrate environmental sustainability and excellence in
design in its development.
1.3 This Secondary Plan is based upon, and its future development should be
guided by, the following overarching principles:
a) Innovation- Businesses in the business park should research,
manufacture, and demonstrate or otherwise support innovative
technologies, particularly in the field of Life Sciences and
Information and Communication Technology. The. business park
itself should be innovative in building design and demonstrate
environmental sustainability.
b) Conservation and Sustainability- The business park, as whole
and individual elements, should be designed to use land, streets,
municipal services and energy efficiently. Techniques to maximize
energy efficiency and sustainability should be integrated into the
design of building,s, parking lots and sites. Developments should
also incorporate natural features such as small water courses and
woodlots.
c) Integration- Research and development facilities, institutional and
corporate offices, and manufacturing plants should be mixed within
899005
the business park to promote linkages and synergies among
related businesses.
d) Diversity- A range of business uses should be accommodated.
Streets should be designed for a variety of transportation modes,
including automobiles, trucks, cycling, walking and public transit.
e) Design excellence- The design of buildings, streetscapes, open
spaces and infrastructure should be distinctive, aesthetically
pleasing and functional. The physical and business environment of
the business park should make it a showcase for Clarington,
Durham Region and Ontario.
2. Goals
2.1 To enhance the economic competitiveness and profile of Clarington by
diversifying employment opportunities within Clarington and attracting
high-end knowledge-based employment to the Municipality.
2.2 To create a prestige employment area, designed and operated to promote
synergy among a select group of users in the information and
communication technologies, life sciences and in particular the
biotechnology and allied sectors.
2.3 To develop a focal point for research and development and the production
of related products and services to information and communication
technologies, life sciences and biotechnology.
2.4 To facilitate linkages among the University of Ontario Institute of
Technology, other institutions, government agencies and private industry
and to build upon and complement the planned Energy Business Park. in
Clarington.
2.5 To distinguish the Clarington Technology Business Park as a unique and
innovative employment area and to establish the business park as a
signature gateway to Bowmanville and the rest of the GT A through high-
quality design.
2.6 To use land and other natural resources efficiently and to promote
environmental sustainability through appropriate building' and landscape
design techniques.
2.7 To ensure buildings are designed with high urban design standards that
are energy efficient and meet LEED or equivalent standards.
899006
2.8 To encourage the protection and integration of buildings of historical
significance that will help retain the community's cultural identity and to
protect and restore elements of the site's natural heritage.
3. Land Use and Built Form
3.1 Objectives
3.1.1 To accommodate and integrate a mix of complementary industrial and
prestige employment land uses focusing primarily on the life sciences and
information and communication technology fields.
3.1.2 To accommodate a variety of building types and sizes while ensuring that
development overall contributes to a consistent and positive image of the
business park.
3.1.3 To provide, through the placement and massing of buildings, continuity
and enclosure to the streets within the business park.
3.1.4 Public art will be promoted to achieve a high quality public realm and
identity in the business park.
3.1.5 To address the interface with surrounding land uses and to devise an
appropriate response to Highway 2.
3.1.6 To encourage the relocation of pre-existing land uses not'in keeping with
the vision, goals and objectives of the Plan to other areas in Clarington.
3.2 General Policies
3.2.1 The land use designations for the Clarington Technology Business Park
shown on Map A of this Secondary Plan establish the general pattern for
future development. They consist of Prestige Employment 1, Prestige
Employment 2, Light Industrial, Environmental Protection, and Mixed-Use
Corridor.
3.2.2 Stand-alone restaurants, single use warehouses, distribution facilities,
truck terminals, truck service centres, gas stations, fuel distribution
operations, storage units and any use with significant outdoor storage
requirements shall not be permitted in any of the land use designations.
3.2.3 Drive-through facilities for restaurants, banks and other retail services will
not be permitted in any of the land use areas, except within the Mixed Use
Corridor area through a site specific zoning amendment.
899007
3.3 Prestige Employment 1
3..3.1 Prestige Employment 1 areas are the gateways to the business park.
These areas are the most appropriate location for employment uses
exhibiting a high standard of building and landscape design. The
permitted uses are:
a) Business or administrative offices;
b) Research and development facility;
c) University or college facility;
d) Commercial schools;
e) Light industrial facility;
f) Hotel and convention centre;
g) Commercial, community and recreational uses that cater to
businesses and employees within the business park, including
banks, eating establishments, athletic clubs, business and personal
services, provided they are limited in scale and located on the
ground floor of a multi-storey building.
3.3.2 The following land use standards shall apply to development within the
Prestige Employment 1 area. These standards will be implemented
through standards established in the zoning by-law.
a) Lot width shall generally be a minimum of 100 meters;
b) Building height shall generally be a minimum of 9 meters;
c) Outside storage or display of goods is not permitted.
3.4 Prestige Employment 2
3.4.1 Prestige Employment 2 areas are intended for employment uses
exhibiting a high standard of building and landscape design, yet to a
lesser degree than those found in Prestige Employment 1 areas. Prestige
Employment 2 will accommodate smaller lots and a smaller percentage of
landscaping than the Prestige Employment 1 area. The permitted uses
are:
a) Business or administrative offices;
b) Research and development facility;
c) University or college facility;
d) Commercial schools;
e) Light industrial facility;
f) Hotel and convention centre;
g) Commercial, community and recreational uses that cater to
businesses and employees within the business park, including
banks, eating establishments, athletic clubs, business and personal
services, provided they are limited in scale and located on the
ground floor of a multi-storey building.
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3.4.2 The following land use standards shall apply to development within the
Prestige Employment 2 area. These standards will be implemented
through standards established in the zoning by-law.
a) Lot width will generally be a minimum of 80 meters;
b) Building height will generally be a minimum of 9 meters;
c) Outside storage or display of goods is not permitted.
3,5 Light Industrial
3.5.1 Light Industrial areas are designated in less visible areas of the site.
These areas generally cater for higher employment density and more
truck traffic. The permitted uses are:
a) Business offices that are accessory ,to another employment use,
provided they do not exceed 25% of the total floor area of the
building;
b) Research and development facility;
c) Commercial schools;
d) Light industrial facility;
e) Eating establishments and business and personal services that
cater to businesses and employees within the business park,
provided they are limited in scale and located on the ground floor of
a multi-storey building.
3.5.2 The following land use standards shall apply to development within the
Light Industrial area. These standards will be implemented through
standards established in the zoning by-law.
a) Lot width will generally be a minimum of 50 meters;
b) Building height will generally be a minimum of 6 meters;
c) Outside storage or display of goods is limited to 25% of the building
area and a maximum of 10% of the lot area and it must be
screened from public view and adjacent properties. .
. 3.6 Mixed Use Corridor
3.6.1 The Mixed ~se Corridor is intended for the location of employment,
personal service and ancillary uses that will benefit from a high profile
location along Highway 2 and complement the function of the business
park.
899009
Since this area may reflect a mix of existing and new development forms,
care will be given to ensure built form is of a quality that enhances the
image of the business park. The permitted uses are:
a) Business or administrative offices;
b) Research and development facility;
c) Commercial schools;
d) Day nursery;
f) Fitness centre;
g) Commercial, community and recreational uses that cater to
businesses and employees within the business park, and along
Highway 2, including banks, eating establishments, athletic clubs,
and business and personal services, provided they are limited in
scale and located on the ground floor of a multi-storey building.
3.6.2 The following land use standards shall apply to development within the
Mixed Use Corridor. These standards will be implemented through
standards established in the zoning by-law:
a) Lot width will generally be a minimum of 40 meters wide;
b) Building height will generally be a minimum of 2 storeys and a
maximum of 3 storeys;
c) Outside storage or display of goods is not permitted.
3.7 Environmental Protection Area
3.7.1 The Environmental Protection Area is identified on Map A and
encompasses natural heritage features, a floodplain and a. section of the
Bennett Creek that is to be re-established in accordance with Section
6.2.3 of this Plan. Lands designated Environmental Protection Area shall
be subject to the policies in Section 14.4 of the Municipality of Clarington
Official Plan. '
3.7.2 No development shall be permitted in Environmental Protection Areas. It
is intended mainly for passive recreation, environmental rehabilitation,
visual relief and uses related to erosion control and storm water
management.
3.7.3 An Environmental Impact Study shall be required for development
applications on lots adjacent to the significant woodlands identified on
Map C. The Environmental Impact Study shall be prepared in accordance
with Section 4.4.35 of the Municipality of Clarington Official' Plan.
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3,7.4 Bennett Creek will be re-established and realigned, as shown on Map A,
to link other open spaces within the business park and to contribute
towards downstream fish habitat.
3.8 Urban Desian General Policies:
3.8.1 Building location and design
a) Buildings at the corner of two streets must address the corner
through architectural massing and architectural detail. Landscaping
should reinforce this special corner condition.
b) Main building entrances should address and be accessible from a
public street.
c) High-quality exterior cladding materials such as glass, steel, metal
paneling, and masonry shall be used on the facades of buildings. A
significant portion of a facade's surface area must be glazed.
d) Mechanical penthouses, antennae, vents, and chimneys will be
screened from view or incorporated into the design of the roof.
3.8.2 Lighting and signage
a) The light levels on privately owned land must meet the Lighting
Guidelines, as amended, should be functional to provide safe
pedestrian passage, and should not impact on adjacent residential
uses.
b) Light levels within the municipal right of way should meet the
Illumination Engineering Society of North America (IESNA)
developed Recommended Practice 8 (RP8) for the appropriate
street designation.
c) Exterior building lighting for nightscapes will be restricted to
prominent buildings at entrances and corners in the business park.
d) Signage shall be integrated into and complement the design of
buildings and the landscape and shall meet the provisions of the
Clarington Sign By-law, as amended.
3.8.3 Landscaping
a) Areas between the building face and public right-of-way shall be
attractively landscaped. Only decorative fences that are less than
1.2 metres high will be permitted between the building and the
street.
b) In all instances, the 4 metres of property adjacent to the public right
of way shall be landscaped.
c) Landscaped areas should be located and designed to enhance the
setting and image of development and provide passive amenity
space. These landscaped areas may contain storm water facilities.
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d) Integration/coordination of landscaped areas between neighbouring
properties is encouraged.
3.8.4 Access and Parking
a) Parking structures shall generally be located at the rear of buildings
and screened from view from primary and secondary streets and
from the Highway 401 corridor. Where parking structures face
roads, high-quality exterior cladding materials and a rchUectural
details shall be used.
b) Parking lots shall generally be located to the side and/or rear of
buildings and screened from view through landscaping.
c) Parking lots should include landscaping and be lit to provide safe,
comfortable walking environments and to minimize energy
consumption. Large parking lots should be divided by islands
containing a minimum of two trees for every fifteen parking spaces.
d) Driveways shall generally be located between buildings. Shared
driveways are encouraged.
e) Servicing and loading areas shall be located at the rear of the
primary building, away from public streets or appropriately
screened from view in the interior side yard of the lot. Garbage
facilities shall be located within the primary building..
3.9 Urban Design Policies for the Mixed Use Corridor
3.9.1 Building location and design
a) Developments shall ensure compatibility with existing uses and with
those on adjacent lands.
b) Higher density land uses and taller buildings shall be permitted at
intersections of arterial roads.
c) Key intersections should be planned and designed to mark the
entrance to the business park, establish gateways, create a strong
sense of arrival, and give the business park a distinct identity. This
should be achieved through the articulation of building mass and
materials. Landscaping should reinforce this special gateway
condition.
d) To encourage pedestrian activity, buildings shall be .oriented toward
the street and transit services, with active uses located at ground
level.
3.9.2 Lighting and Signage
a) Lighting and signage within the Mixed Use Corridor shall comply
with Section 3.8.2 of this plan.
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3.9.3 Landscaping
a) A consistently high quality of landscaping on private lands will, be
achieved that enhances streetscapes and the overall image and
environment of the Mixed Use Corridor.
3,9.4 Access and Parking
a) The number and location of vehicular access points on Highway 2
shall be limited to minimize disruption to traffic flow and they will be
appropriately spaced in accordance with Section 19.5 of the
Municipality of Official Plan and the Durham Region Arterial
Corridor Guidelines.
b) Where access is required from arterial roads consolidation of
access points of adjacent properties should be considered.
c) Shared parking, parking/service lanes, and access driveway
entrances are encouraged. .
d) Driveways to access loading, servicing and parking areas shall be
provided off Local Roads and Secondary Streets, wherever
possible.
e) Off-street parking areas, loading areas and service areas shall be
screened, landscaped and located to the rear or side yard of a
building. Loading and service areas should not be visible from
Highway 2, Lambs Road and Bennett Road.
f) As Highway 2 is identified as a cycling spine in the Regional
Cycling Plan, provisions should be made to accommodate cyclists
as recommended in the cycling plan either on street or on a
separate cycling path.
4. Streets and Transportation
4.1 Objectives
4.1.1 To provide a balanced transportation network that encourages walking,
cycling and public transit use while accommodating vehicles efficiently.
4.1.2 To establish a road network that provides a framework for development,
maximizes property frontage, and optimizes vehicular access and
movement.
4.1.3 To establish an interconnected network of sidewalks that link areas within
the business park and provide linkage to adjacent trails.
4.1.4 To establish a continuous sidewalk along Highway 2 promoting safe,
convenient and barrier-free pedestrian travel to each site and to transit
stops.
899013
4.1.5 To develop attractive, tree-lined streets with high-quality lighting and other
landscape elements that help to establish a positive, consistent image of
the business park. This will also enhance the pedestrian environment and
mitigate the urban heat island effect.
4.1.6 The development of the Highway 2 Mixed Use Corridor shall be consistent
with the objectives of the Region of Durham's Long TermTransit Strategy,
Cycling Plan, and the Durham Arterial Corridor Guidelines. .
4.2 Policies
4.2.1 The future network of roads within and adjacent to the business park is
shown on Map A.
4.2.1.1
Arterial roads:
a) Baseline Road will be the primary entrance to the business
park and be constructed in phases. The design of Baseline
Road will accommodate the future expansion of two traffic
lanes into four. The extra width between the sidewalk and
the road in the initial phase will become travel lanes in the
later phase. It shall have a right-of-way width of 36 meters to
ultimately accommodate future lane expansion. Extensive
streetscaping is recommended.
b) Lambs Road will connect north of Highway 2 to the future
residential neighbourhood. It will accommodate four lanes of
traffic and eventually connect with the new interchange at
Highway 401. Development in the vicinity of the proposed
interchange will be discouraged until the Ministry of
Transportation has completed their study of the preferred
interchange location. The Lambs road right of way width
shall be 36 meters in its ultimate configuration.
c) Bennett Road runs north-south along the eastern edge of the
business park and will for the interim period, until the new
interchange at Lambs Road and Highway 401 has been
constructed, serve as the main connection route to Highway
401. The right-of way width should be 30 meters to
accommodate sidewalks on both sides, landscaped
boulevards, and four traffic lanes.
4.2.1.2
Collector roads:
a) Haines Street runs north-south and forms the "interface"
between the existing industrial area to the west and the
899014
business park lands to the east. The right-of way width shall
be 23 meters to accommodate sidewalks on both sides,
landscaped boulevards, and two traffic lanes.
b) Esplanade Drive or the "Esplanade" will provide a more
formal north-south street in the eastern half of the business
park. Trees will line either side of the sidewalk. The road will
accommodate two-lanes of traffic in addition to a parking
lane. The "Esplanade" is an integral part of the public realm
and will significantly enhance visual connections from
Highway 401 to the interior of the park. The right of way
width shall be 23 meters. Extensive streetscaping is
recommended.
4.2.1.3
Local roads:
a) Innovation Drive should reinforce the. identity and
prominence of the Holburn Research facility as the catalyst
in the development of the business park. Innovation Drive
will be a gateway to the business park welcoming workers
and visitors to the site, and its right of way shall be 23
meters. Extensive streetscaping is recommended.
b) Discovery Drive will create a modified grid road network,
connect paths throughout the business park,. and provide an
alternatjve circulation movement from the arterial roads. It
will be the road that connects all places within the park and
its right of way width shall be 23 meters.
c) Knowledge Drive and other local roads will complete the
main elements of the street network. In conjunction with
development of the business park these roads will be
constructed and/or upgraded to a right of way width of 20
meters, accommodate landscaped borders, sidewalks, and
boulevards with street trees.
4,2.3 Intersections shall be designed to maximize the comfort and safety of
pedestrians while safely accommodating required vehicular movements.
4.2.4 Additional Local Roads and private streets to those shown on Map A may
be permitted to subdivide land, serve development and improve the
efficiency of the road network. Such roads and streets shall respect the
overall modified grid pattern of blocks, have right-of-way widths of 20-23
meters, and be designed and built to municipal standards.
899015
4.2.5 Traffic signals will be installed at the Hwy 2 and Lambs Road intersection
when warranted.
4.2.6 An Access Management Plan for the business park area may be
considered in conjunction with the Master Infrastructure Plan.
4.2.7 The intersection configurations at major road intersections and the
alignment of other future local roads are subject to further detailed study
and may be altered without amendment to this Plan.
4.2.8 The Municipality, Durham Region and GO Transit will work cooperatively
to develop a long-term public transit strategy for the business park.
4.2.9 Council may require that applications for development include a Travel
Demand Management (TOM) Plan. The intent of the TOM Plan shall be to
implement and promote measures to reduce low-occupancy trips and to
increase transit use, cycling and walking. To that end, measures to be
considered include organizing and promoting car pooling, providing
cycling amenities, providing financial subsidies for transit passes and
other measures that may be identified by Municipal staff.
4.2.10 Recognition shall be given to the 14 meters buffer on both sides of Hwy,
401. Lands should only be developed with the consent of the Ministry of
Transportation.
5. Open Space and Landscaping
5.1 Objectives
5.1.1 To encourage the integration of ecological functions with site development
and building design.
5.1.2 To establish where appropriate, a network of connected open spaces.
5.1.3 To encourage the use of the re-established Bennett Creek as a source of
connectivity through the business park.
5.1.4 To highlight the stormwater pond as a focal point for the business park's
open space network.
5.1.5 Stormwater management facilities are an amenity to enhance the image of
the business park. They should be incorporated into the planning and
design of open spaces, buildings, and paved areas'. Stormwater
management facilities and other elements should contribute to a business
park setting and establish connections to other open space amenities.
899016
5.1.6 To reestablish the Bennett Creek tributary in the business park area,
through:
a)
the dedication of the lands required to re-establish this
channel through the development process;
the design of the conveyance channel.
b)
5.2 Policies
5.2.1 The open space network will use the natural features of the site to
enhance pedestrian activity and develop the business park's identity.
5.2.2 Following the reestablishment of Bennett Creek north of Baseline Road, a
pedestrian trail of at least 3 metres in width will be constructed along the
re-established creek and will provide connectivity to the centralized
municipal stormwater pond in the southwestern corner of the business
park.
5.2.3 The further development of a trail/sidewalk system should be promoted to
connect to the existing Soper Creek Trail on the west side of Soper Creek
into the business park. .
5.2.4 Future developments along the re-established Bennett Creek will be
encouraged to integrate their landscape design with the creek, creating a
cohesive development pattern alongside it.
5.2.5 The proposed municipal stormwater management facility south of
Baseline Road shall be designed as part of the park's "gateway" in
antioipation of the potential future re-Iocation of the interchange.
5.2.6 Visual connectivity between private open spaces shall be encouraged.
5.2.7 To enhance the image of the business park and help achieve the goal of
environmental sustainability, the following measures and techniques
related to landscape design, construction and maintenance shall be
encouraged: .
a) Protecting existing stands of trees and hedgerows, and
integrating them into the open space network.
b) Identification and re-establishing the habitat of native flora
and fauna, and managing such areas appropriately.
c) The use of native plants.
d) Locating and selecting plants to provide climate protection
for buildings and employees, for example, using deciduous
trees with large canopies planted on south sides of buildings
and at the periphery of parking lots to reduce and redirect
sun exposure in summer.
899017
e) Coordinating landscaping treatments among neighbouring
developments.
f) The use of landscaped drainage basins internal to large
parking areas.
g) The use of permeable materials instead of impervious
surfaces for walkways, driveways and parking areas, where
feasible.
h) Selecting, designing and operating outdoor lighting, to
conserve energy and minimize light pollution.
i) The integration of stormwater management systems into the
design of buildings and landscaping.
5.2.8 Naturalized landscape areas for the benefit of wildlife habitat and
reduction in water use are encouraged provided that appropriate
landscape management practices are implemented.
5.2.9 As the site is "urbanized", elements of its rural landscape should be
preserved where appropriate. .
5.2.10 Enhance the unimpaired views of the study area from Highway 401 where
practical through urban and landscape design.
5.2.11 Landscaping of road right of ways should:
a) Plan the location of sidewalks, driveways and utilities around
existing healthy trees.
b) Invest in the longevity of landscaping with proper planting
and care.
c) Seek permission from adjacent landowners to plant on their
properties, if the right-of-way is too narrow to support
plantings.
d) Plant deciduous trees between the curb and the sidewalk.
e) Plant trees at grade.
f) Plant trees further from the curb on wide, high-speed roads,
to protect them from harmful salt spray, strong winds, fumes
and heat reflected from the road.
6. Servicing
6.1 Objectives
6.1.1 Generally, development shall proceed on the basis of full municipal water
and sanitary services being in place at building occupancy. However,
temporary alternative methods may be considered with the approval of the
Regional Municipality of Durham and other approval agencies.
899018
6.1.2 The business park will be serviced by centralized stormwater
management facilities in accordance with the Bennett Creek Master
Drainage Plan.
6.1.3 Centralized stormwater management facilities are proposed in the north
and in the southwest corner of the business park site, and their
approximate location is identified by a * symbol on Map A Land Use and
Primary Roads of the Secondary Plan. The * symbols are merely for
illustrative purposes and the precise location, dimensions and design of
the centralized stormwater facilities will be further detailed through the
consideration of development applications.
6.2 Policies
6.2.1 All new utilities shall be buried below grade in the street right-of-way, in
easements, or beneath trails where required. For ease of access and
maintenance, shared utility trenches are encouraged.
6.2.2 Interim storm water management solutions may be considered, prior to the
construction of minicipaly owned storm management facilities, provided
that proponents contribute their proportionate share towards the
acquisition of the lands for and the construction of ultimate detention and
control facilities. The costs to purchase the lands and to construct the
municipal storm water ponds shall be borne by all benefiting land owners
whose proportionate contributions will be determined through an
Infrastructure Master Plan.
6,2.3 The lands required to re-establish the Bennett Creek tributary north of
Baseline Road, shall be dedicated through development applications, shall
have a minimum width of 30 meters, and shall include at least a 3 metre
wide pedestrian trail.
6.2.4 Development proposals shall incorporate on-site controls such as green
roofs, porous paving materials and other infiltration and detention facilities,
according to the requirements of the Bennett Creek Master Drainage Plan.
6.2.5 Council will require that development applications include a Sustainability
Plan. Sustainability Plans shall consider, but not be limited to the
following techniques to reduce stormwater runoff, improve water quality
and conserve energy:
a) Cisterns to capture rainwater for reuse in landscape irrigation and
other non-potable water applications.
b) Vegetated swales to filter and detain storm water.
c) Porous surfaces for pathways, patios and parking lots to allow
infiltration of storm water.
899019
d) Grey water systems that capture storm water runoff and other grey
water for reuse in toilets and industrial operations.
e) The use of renewable energy sources for building systems and
exterior lighting, such as solar, spacing, wind and geothermal.
f) Cogeneration, Le., capturing and using heat from power generation;
g) Green roofs.
h) Techniques outlined in Section 7.2.1 of this plan.
i) Other techniques encouraged by the policies of this Secondary
Plan and which may be identified by Municipal staff.
7. Building Design and Construction
7.1 Objectives
7.1.1 Provide for excellence in building and landscape design to create an
identity that will distinguish the business park as a unique place within
Ontario.
7.1.2 To facilitate and promote buildings that incorporate energy-saving and
environmentally-friendly materials and techniques.
7.1.3 To utilize and demonstrate new building sciences that maximize energy
conservation and efficiency.
7.1.4 To maximize the life span of buildings.
7.1.5 Promote and enforce good design practices to ensure the business park
maintains a consistent, high-quality image and sense of place.
7.2 Policies
7.2.1 Best practices in "green" development should apply to all elements within
the Business Park, including buildings, landscaping, parking, servicing and
other infrastructure. All buildings should be designed to at least LEED's
Silver level or equivalent. Energy conservation measures and techniques
may include:
a) Windows that open to allow for natural cross ventilation and reduce
the use of air conditioning.
b) Glazing on the south side of a building to maximize direct sunlight
in winter.
c) Sun louvers to minimize direct sunlight in summer.
d) Green roofs - roofs that are partially or completely covered with
vegetation to minimize water runoff and improve building insulation.
899020
7.2.2 Eight buildings have been identified by the Clarington Heritage Committee
as cultural heritage resources. The incorporation of these structures into
the redevelopment of sites, in accordance with Section 8.3 (Policies on
Cultural Heritage) in the Municipality of Clarington Official Plan, is
encouraged.
7.2.3 Building signage must be incorporated into, and complement the
architecture of the building. Stand-alone and directional signage shall be
incorporated into the design of the landscape.
7.2.4 Main building entrances must address and be accessible from roads.
Building location and design should contribute towards the creation of
open space vistas.
7.2.5 Buildings should be designed with inherent flexibility to meet the changing
needs of current and future businesses.
7.2.6 High quality exterior cladding materials, such as glass, steel, metal
paneling and masonry, shall be used on the facades of buildings facing
primary streets.
8. IMPLEMENTATION
8.1 Zoning By-law Amendments for lands within the Clarington Technology
Business Park shall conform to this Secondary Plan.
8.2 The review and approval of Site Plan Applications for lands within the
business park shall be guided by the policies of this Secondary Plan.
8.3 Applications for Plans of Subdivision for lands within the business park
shall include a Phasing Plan. Phasing Plans shall establish the order of
private development and the staging of construction of landscaping, public
infrastructure and services. The Phasing Plan shall take into account the
responsibility for construction of the public infrastructure and services and
shall be considered by the Municipality in enacting Zoning By-law
Amendments and recommending Plans of Subdivision for approval.
8.4 The Municipality will work with landowners and the Regional Municipality
of Durham tb develop an Infrastructure Master Plan for the phasing and
financing of roads, municipal water and sanitary sewer and stormwater
facilities for the business park.
8.5 The Municipality will, through the Infrastructure Master Plan, provide
further direction with regard to the acquisition of the relevant portions of
lands for the establishment of centralized storm water. ponds for the
business park. The costs to purchase the lands that have been identified
899021
as necessary for publicly owned centralized storm water' ponds and the
cost of constructing the ponds, shall be borne by all benefiting land
owners, as stipulated in Section 6.2.2 of this Secondary Plan.
8.6 In addition to the provisions of Section 23.4.2 of the Municipality of
Clarington Official Plan, Holding Symbols may be used to ensure
achievement of the policies of this Secondary Plan. Prior to the lifting of a
Holding Symbol, the following provisions apply in respect to the
Secondary Plan Area:
a) plans for the proposed development must show that the proponent
has successfully implemented the Urban Design Policies and
transportation objectives of this Secondary Plan to the satisfaction
of the Municipality; and,
b) arrangements have been made satisfactory to the Municipality and
the Region of Durham for the proponent's contributions and
dedications to implement the Sustainability.. Streetscape
Implementation and Infrastructure Master Plans referenced in '
Sections 5.2.11, 6.2.5 and 8.4.
8.7 The Municipality will work with the Regional Municipality of Durham to
expedite the provision of municipal services to allow development of the
business park.
8.8 The Municipality, in consultation with the Regional Municip~lity of Durham,
will prepare a Streetscape Implementation Plan to ensure quality of
streetscape and consistency in design along local roads and roads under
regional jurisdiction.
8.9 The Municipality, through Development Charges Levies and/or subdivision
approvals, will make provision for streetscaping within local road right of
ways, and encourage the Regional Municipality of Durham to follow suit;
8.10 The Municipality will explore the different tools available to promote and
stimulate the developmerit of the business park.
9. INTERPRETATION
9.1 Some flexibility in the interpretation of the policies contained in this
Secondary Plan is permitted provided that its general intent is maintained.
The boundaries of land use areas are approximate and shall be defined by;
the precise alignment of new streets or implementing Zoning By-laws.
9.2 The policies of this Plan shall be interpreted in conjunction with the
applicable policies of the Municipality of Clarington Official Plan. In the
event of a conflict between the provisions of the Municipality of Clarington
Official Plan and this Plan, the Secondary Plan shall prevail.
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9.3 Definitions
Biotechnology
The application of biological knowledge and techniques pertaining to
molecular, cellular and genetic processes to develop products and
services.
Information and Communication Technology ,
The technology required for information processing. In particular the use
of electronic computers and computer software to convert, store, protect,
process, transmit, and retrieve informatioh from anywhere, anytime. It
includes computer hardware and software development,
telecommunications equipment manufacturing, telecommunications
service providers and associated service providers.
LEED
Refers to the Leadership in Energy and Environmental' Design Green
building rating system established by the Canada Green Building Council
as amended from time to time.
Life Sciences
The study of living things: a branch of science that is concerned with
plants, animals, and other living organisms and includes research and
development in pharmaceutical and medicine manufacturing, medical
devices and health and non-health biotechnology.
Light Industrial Facility
Shall mean an industry which is engaged in assembly, manufacturing,
fabricating or processing activities within a wholly enclosed building that
are not offensive or not likely to be offensive by reason of the amount of
noise, smoke, odour, emissions, or vibration produced therein, but
excludes a recycling facility, a waste management or processing facility or
a waste incineration facility. .
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BASELINE ROAD EAST
MAPA
LAND USE
AND PRIMARY ROADS
CLARINGTON TECHNOLOGY
BUSINESS PARK
SECONDARY PLAN
JUNE 8.2010
THIS CONSOLIDATION IS PROVIDED FOR CONVENIENCE ONLY
AND REPRESENTS REQUESTED MODIFICATIONS AND APPROV,
~ Prestige Employment 2
ImD Mixed Use Corridor Special Study Area
~ Environmental Protection Area
~-:"
~
. Proposed Location of Storm Water Management Pond
. Heritage Resource
.......
: : Built Boundary
.......
i"''''' Clarington Technology
,.. ,..,..1 Business Park
~ Light Industrial Area
~ Prestige Employment 1
ex>
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of Issues and Staff comments/response
Summa
Table 1
Map A Land Use and Primary Roads in
the proposed Secondary Plan has been
revised by re-designating the greater
part of 582 Lambs Road from
"Environmental Protection" to "Prestige
Employment 1",
Planning Staff had a meeting with the owner to
discuss concerns: New information at hand
revealed that the property could be excluded from
the "Environmental Protection" area and be
designated as "Prestige Employment 1 n.
The owner of 582 Lambs Road, provided
written confirmation of the comments made at
the Public Meeting. They indicated no
knowledge of any previous study that justifies
the re-designation of their property from
"General Industrial" to "Environmental
Protection". They requested an explanation
as to why the Municipality would burden this
rooertv with a Dond,
Map A Land Use and Primary Roads In
the proposed Secondary Plan has been
revised by re-designating 275 Baseline
Road from "Environmental Protection" to
"Light Industrial",
Planning Staff had a meeting with the owner to
discuss his concerns. Although there is no record
of an approved site plan for the wood storage use
at 275 Baseline Road, the site has been filled to
the satisfaction of the Central Lake Conservation
Authority and it has been confirmed that the site is
situated above the regional floodline. The site
could therefore be excluded from the
"Environmental Protection" designation and be
designated to "Light Industrial". It is suitably sized
to be redeveloped in accordance with the newly
proposed zoning requirements.
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The existing wood storage use on the site does not
complement the vision of the propo$ed business
park. In the opinion of Staff it should not be
grandfathered, but rather become a legal non-
conforming use. Through the drafting of the
Zoning By-law, Staff will provide a more "exclusive"
zoning, whilst providing leverage and opportunity
to the owner when selling or redeveloping the site.
The owner of Bowmanville Wood Products,
(261 and 275 Baseline Road East) submitted
a letter of objection, since the section of this
business at 275 Baseline Road is proposed
to be re-designated from "General Industrial"
to "Environmental Protection". It would in the
opinion of the owner have a severe negative
impact on their ability to sell the business and
put unacceptable restrictions on any future
land use for any owner. The owner is of the
opinion that the lands should not be
considered flood plain land as it is in excess
of 5 feet higher than the 401 Highway and
could not retain any water unless some major
excavation occurred. A request to meet with
Planning Staff to clarify the final proposal that
is to be submitted to Council, was included.
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Their
The owners of 542 Lambs Road
objection can be summarized as follows:
Map A Land Use and Primary Roads in
the proposed Secondary Plan has been
revised by changing at least half of this
property from "Environmental
Protection" to "Prestige Employment 1"
A meeting was held with the property owners and
a site inspection was conducted with the owners,
CLOCA, TSH and Planning Staff to discuss the
alignment and impact of the regional floodline on
their land use rights.
The area currently affected by the
regional floodline is to be taken up
the newly proposed centralized
stormwater pond and the affected area
is to be designated "Environmental
Protection" while the location of the
future centralized pond is only to be
ghosted in by showing a "*" symbol on
Map A of the Secondary Plan that
illustrates its approximate location.
by
The Official Plan currently designates 542 Lambs
Road "Light Industrial" and "Prestige Employment"
in part. According to revised floodline information
obtained from CLOCA, approximately 25% of the
site falls within the regional storm flood-plain.
In accordance with the Provincial Policy Statement
(2005) no development is permitted within a
floodplain, except where development is limited to
uses which by their nature must locate within the
floodway, including flood and erosion control
works,
n comparison to the other lands within the
proposed business park area, at least a quarter of
this sit~ renders itself undevelopable and has been
selected as being the most suitable location for a
centralized pond, provided it is designed and
constructed to the satisfaction of CLOCA and the
Municipality.
Since their lands are currently zoned and
designated for industrial uses, the
proposed zoning and official plan
amendments would limit the use of their
properties to Environmental Protection
uses to support a centralized stormwater
facility and highway interchange. They
question why the municipality would
unfairly burden their properties with a
large stormwater pond to the benefit of
many other properties including some that
are outside the. urban boundary. In their
opinion other land uses for their property
would be more compatible based on
topography, serviceability and location
and that only a small area of their
property is within the conservation
authority's mapped flood line. They
suggest that alternatives be considered to
share the burden or a group of
stormwater facilities be considered.
.
A recalculation of the stormwater management
data in accordance with the proposed impervious
standards of the Secondary Plan has significantly
reduced the footprint of the proposed centralized
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pond, More lands on the property, than was
originally anticipated, will be available for
development.
See previous comment.
Given the revised f1loodline information and the
partial limitations on the site, as explained in the
previous paragraph, it is clear that the further
amendments outlined in column 3 under the
previous comment, provides a more balanced
approach towards the strengths and impediments
of the particular site.
ssue to be addressed through
nfrastructure Master Plan
One of the implementation steps in the Secondary
Plan is the development of an Infrastructure
Master Plan for the phasing and financing of
services, including stormwater facilities. Although
there is no detailed policy on compensation or
contributions in place as of yet, the land for the
construction of the proposed centralized pond will
be purchased sometime in the future. Developers'
(within the business park) proportionate
contribution towards this facility will form part of the
Infrastructure Master Plan exercise,
They expressed the opinion that the
beneficial location of properties with direct
highway access and exposure should be
exploited with compatible uses and
argued that that the proposed land use
classifications, designations and policies
appear to unfairly limit property uses and
development configurations.
.
They concluded that they would like to
see a detailed policy which dictates terms
of compensation to land owners burdened
with stormwater facilities in advance of
amending the zoning by-law and official
plan and that they would like to co-
operatively investigate alternatives to
resolve their concerns.
.
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The AYT lands (situated on the northwest
corner of the 401/Bennett Road interchange)
Their objection can be summarized as
follows:
No changes
The objector refers to an area on their client's
property of approximately 3,26 hectares that
contains a fairly dense woodlot, which is identified
on Map C1 (Natural Heritage System) of the
current Official Plan adopted on 1996, as
"Significant Woodlands". The proposed Secondary
Plan thus merely grandfathered the existing
significant natural feature into the Secondary Plan
in accordance with current Official Plan policy. This
significant woodland has been identified in
consultation with the Central Lake Conservation
Authority through appropriate scientific research
They stated that the proposed
environmental protection area on their
client's lands (situated west of Bennett
Road) is unwarranted and not supported
by science. They stated that it would
seriously curtail development on the
remainder making even the Municipality's
vision for the lands difficult to attain. They
stated that the same area had been
removed from the environmental
schedules in the previous parent Official
Plan.
.
The woodlot is a significant natural heritage
feature, unsuitable for any industrial development.
The argument that it "curtails" development, is
unfounded. Rather it can be argued that it
complements the rural setting of the proposed
business park and its qualities are to be
recognised through the design and placement of
buildings, parking and access routes on the
developable parts of the property.
list
Through the drafting of the Zoning by-
law, Staff will remove the words "related
to Information and Communication
Technology or Life Science" from the
They expressed the opinion that the range The range of permitted uses have been
of permitted uses in the proposed Official established within the context of the vision of the
Plan is far too narrow to allow the proposed business park, namely a Technology
development of these lands in the Business Park aimed at promoting and facilitating
.
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Add "bank", and "eating establishment"
without a drive-through facility (ancillary
to certain uses), to the list of permitted
uses within the proposed Secondary
Plan, in order to allow more flexibility
and to be consistent with secondary
uses normally associated with business
parks.
of permitted uses in all zoning
categories.
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foreseeable future and new the establishment of prestige employment uses
instruments will strip the uses currently anchored by a biotechnology cluster, The
permitted by the existing Official Plan and Market Analysis has clearly shown that the'
Zoning By-law. They refer to other parts 0 physical and locational attributes of these lands in
the GTA that have found it quite relation to other sites in Durham, warranted the
challenging to create and keep viable a protection and branding of it for the purposes of a
technology park - inevitably additional uses business park. The refinement of uses befitting
are permitted or the park fails. These the vision of the proposed business park is in fact
other parks have first class users, some 0 adding value and a competitive advantage to the
which are the largest companies of their specific lands, specifically within the context of a
type in Canada and no such tenant exists rapidly changing global industrial market where the
in this location nor are they aware of any demand for new life science, information and
proposing to locate here. They are of the communication technologies is a growing
opinion that the proposed changes will phenomenon and where typical labour intensive
further sterilize the lands from manufacturing industries are either being replaced
development. by machine or they are located where production
costs are the cheapest.
/
With regards to other specialized business parks in
the GT A, the failure or partial failure of other
business parks is not a valid reason to disallow a
similar one elsewhere. The Sheridan Business
Park (Mississauga) the objector refers to, was
developed in the mid 60's - the global economy
and technology have seen more innovation the last
10 years than ever before, are evol,ving more
rapidly than ever seen before, and there are
certain lessons to be learned from other business
park examples. However, there are other factors or
combination of other factors that contribute
towards the success or failure of a business park.
Examples are current local and global demand,
location, lack of synergy, economic cycles, land
costs, poor marketing, et cetera.
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Through the proposed planning instruments
Clarington is positioning itself and creating the right
climate to attract the type of uses envisaged. The
ultimate success of the proposed business park is
not so much based on the land classification and
zoning at the end, but on the market and economic
development efforts that the municipality and
property owners invest in the project.
However, the fear that the proposed business park
is too exclusive has some validity, especially in
view of the current servicing constraints and the
impact it has on meeting current market demand.
Therefore Staff have introduced more flexible land
use rights through the Secondary Plan policy, It
seeks to encourage a business park anchored by
Life Science, Information and Communication
Technologies, The broadening of the definition
and addition of certain related secondary uses
seek to strike a balance and address the concerns
expressed.
No changes
The possibility of front-ending services to the
proposed business park are implementation steps
that cqme after this planning proposal. The
alternative servicing options is a matter that forms
part of the implementation stage and will be
addressed through an Infrastructure Master Plan
They stated that although the proposed
technology park will also require full
municipal services in order to have any
chance of success, the current proponent,
Holburn, as far as they are aware, has not
come forward to front end these services
and kick start the development process,
although their client was prepared to do so
as part of its proposed development, but
the municipality denied the proposed use.
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Through the drafting of the Zoning by-
law,. Staff will remove the words "related
to Information and Communication
Technology or Life Science" from the list
of permitted uses in all zoning
categories of the proposed Zoning By-
law.
Their client's lands are currently zoned
"Agricultural" and only permits uses specifically
associated with this zone. The comment is
probably referring to the list of uses permitted in
terms of the current Official Plan designation of
Prestige Employment and Light Industrial. Some
of these uses have been carried forward into the
Secondary Plan and Zoning By-law, such as
research and development facilities and others
have been added without the necessity of a
rezoning, such as a hotel and convention centre,
Other uses. have been excluded because it would
not be consistent with the vision of the proposed
business park. However, to allow more flexibility,
Staff suggests the deletion of certain qualifications
from the list of permitted-uses as further explained
in the next column.
,
As a final comment they stated that the
permitted uses should be grand-fathered
and the environmental area be revised by
deleting it from their client's lands.
.
The deletion of the Environmental Protection area
is not supported for reasons previously stated.
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Response to Region's comments and other minor revisions
Table 2:
Agree. The relevant intersection location has been moved 100m
westwards to be consistent with the Region's requirements. This
necessitated moving the proposed "Esplanade" Drive with the loop
100m westwards as well in order to retain the same road pattern and
urban design concept. The revision has no significant impact on
traffic flow or road design requirements.
Reaion Comments
The current Map 83 of the Clarington Official Plan shows a north-
south collector road that intersects Highway 2 approximately 300m
east of lambs Road. The proposed Official Plan Amendment
relocates this collector approximately 400m from lambs Road which
does not allow appropriate traffic signal coordination along Highway
2, should the collector intersection require future signalization. The
intersection of the proposed collector and Highway 2 should be
maintained in the previously maintained location, approx. 300m from
lambs Road, to be consistent with the intersection spacing standards
for Type 8 arterial roads as per the Regional Arterial Corridor
Guidelines and Amendment 114 of the ROP.
Agree, the necessary modification has been made to Section 4,2,6 of
the proposed Secondary Plan.
With regards to section 4.2.6 of the Secondary Plan, the Region
strongly recommend the preparation of an Access Management Plan
as a required component of the mixed use corridor study for lands
along Highway 2. It would help to ensure compatibility between
proposed land uses and would prescribe access requirements or
restrictions.
Remove the blank area for the future lambs Road/401 interchange
from Map A, land Use and Primary Roads, extend the proposed
"Prestige Employment 1" designation and zoning on~o this area and
add a note of where lambs Rd. and the 401 "meet" reading
"proposed future traffic interchange"
The blank area on both sides of lambs Road where it "meets" the
401 highway on proposed Map A of the Secondary Plan is not based
on any configuration or detail design by the Ministry of Transportation.
Although it is only conceptual, it would be more appropriate to remove
it from the Secondary Plan Map and replace it with a note referencing
a future traffic interchange.
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The proposed Secondary Plan contains a policy that discourages
development in the vicinity of the proposed interchange location so
that once the Ministry of Transportation has completed their study of
the preferred interchange location, construction can occur.
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Include the following uses :"convention centre", "day nursery" and
"fitness centre" as permitted uses within the Mixed Use Corridor.
The list of permitted uses in the Mixed Use Corridor Special Study
Area designation (along Highway 2) in the Secondary Plan should be
expanded by adding "low key""uses typically found in and subservient
to an industrial business park but also typically associated with busy
corridors like Highway 2.
Staff recommends that the 30m wide strip north of Baseline Road
that is intended for the future restored Bennett Creek, should be
reflected on the Secondary Plan, but removed from the zoning
schedule with a caveat in the Secondary Plan that the lands required
to re-establish the Bennett Creek tributary north of Baseline, shall be
dedicated through development applications and shall have a
minimum width of 30 meters.
At the public meeting, Council expressed concern over the
appropriateness of an "Environmental Protection" zone for the section
of Bennett Creek north of Baseline Road,that is to be re-established.
Since the creek is currently non-existent and will only be reinstated
through individual developments. Staff should consider an alternative
zoning for this 30m wide strip.
The proposed Secondary Plan has been amended by recognizing her
house as a "Secondary" heritage resource within the business park.
After the Public Meeting on October 1, 2007 the owner of 582 Lambs
Road approached the Heritage Committee to review the restoration
work which she completed on her dwelling house at 582 Lambs Road
and the historical information associated with the building. The
Heritage Committee conducted a site inspection and at their meeting
on October 16, 2007 passed the motion that her home be added to
the list of heritage resources. The building has been added as a
"Secondary" heritage resource based on its architecture and cultural
heritaae.
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Attachment 6
To Report PSD-079-10
Short list of potential uses associated with either Life Science. Information
and/or Communication Technoloaies
Bacteriological research and development laboratories or services
Computer and related hardware research and development laboratories or services
Dental research and development laboratories or services
Electronic research and development laboratories or services
Entomological research and development laboratories or services
Genetics research and development laboratories or services
Health research and development laboratories or service
Life sciences research and development laboratories or service
Medical research and development laboratories or services
Observatories, research institutions
Physical science research and development laboratories or services
Computer input preparation services
Computer service bureaus
Computer time rental
Computer time sharing services
Data entry service
Data processing computer services
Disk and diskette conversion services
Disk and diskette recertification services
Electronic data processing services
Microfilm recording and imaging services
Optical scanning services
Photographic equipment repair shops
Radio repair and maintenance services
Stereo equipment repair shops without retailing new stereo equipment
Television repair services
Video cassette recorder (VCR) repair services
Computer peripheral equipment repair and maintenance, without retailing new computer
peripheral equipment
Computer repair and maintenance services
Office machine repair and maintenance services
Photocopying machine repair and maintenance services
Recycling inkjet cartridges
Typewriter repair and maintenance services
Diagnostic imaging equipment repair and maintenance services
Electrical measuring instrument repair and maintenance services
Laboratory instrument repair and maintenance services
Measuring instrument repair and maintenance services
Medical and surgical equipment repair and maintenance services
Meteorological instrument repair and maintenance services
Navigational instruments (e.g" radar, sonar) repair and maintenance services
Optical instrument repair and maintenance services (e.g. microscopes, telescopes)
Precision equipment calibration
Radar and sonar equipement repair and maintenance services
Surgical instrument repair and maintenance services
Surveying instrument repair and maintenance services
Weighing equipment (e.g., balance, scales) repair and maintenance services
899034
ClwiPn
REPORT
PLANNING, SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
June 21,2010
Resolution #:
By-law #: N/A
Report #: PSD-080-10
File #: PLN 38.7.3
Subject:
RELEASE OF OFFICIAL PLAN REVIEW DISCUSSION PAPER
Economic Base and Employment Lands Discussion Paper
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-080-10 be received; and
2. THAT the Region of Durham and all interested parties listed in Report PSD-080-10 be
advised of the release of the Discussion Paper.
Submitted by:
Reviewed by:
SLA, MCIP .hi ranklinWu,
Planning Services /\). Chief Administrative Officer
LB/COS/df
15June2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
899035
REPORT NO.: PSD-080-10
PAGE 2
1.0 OFFICIAL PLAN REVIEW PROJECT UPDATE
1.1 The Planning Services Department began the Official Plan Review with the release of the
Introductory Discussion Paper on April 30, 2008. This was followed by a Special Meeting
of Council (May 12, 2008). Community sessions were held in June in six communities -
Bowmanville, Courtice, Newcastle, Newtonville, Orono and Solina. Staff reported back to
Council in October 2008 with a summary of the first phase of public consultation.
1.2 Let's Have a Discussion.. . Improving our Built Environment and the Planning Process was
the second in the series of discussion papers that will be prepared throughout the course
of the Official Plan Review. This discussion paper focused on changes to the Planning
Act through the Planning and Conservation Land Statute Law Amendment Act, 2006 (Bill
51) and the Places to Grow Act, 2005.
Following the release of the paper, staff hosted a public information session at the Garnet
B. Rickard Recreation Complex, on December 9, 2009. The purpose of this Session was
to present the discussion paper to the public and to obtain comments regarding the
proposed policy directions. The next step will be a Public Meeting at the General
Purpose and Administration Committee to present the proposed Official Plan amendment
in September 2010.
1.3 Community Forecast: Population and Employment Projections prepared by Hemson
Consulting Ltd. was also released early in 2010. This technical paper outlined the growth
forecasts for population, housing and employment for Clarington as prepared by Hemson
Consulting Ltd. The population projections will assist the municipality with the Official Plan
Review process, particularly with regard to the Growth Plan conformity exercise. The
projections were the basis for the Development Charges Background Study for which
Hemson is also the consultant.
1.4 Staff is currently reviewing the discussion papers for Growth Management and
Intensification. However, due to the difference in opinion between the Ministry of
Municipal Affairs and Housing and the Region of Durham regarding components of
Regional Official Plan Amendment 128 their Gr.owth Plan conformity exercise, Clarington
Council requested an extension to our deadline for the Growth Plan conformity to June
16,2011. Staff have received confirmation that the Minister's office received our request,
but as of yet has not approved an extension.
1.5 The Courtice Main Street Study, a special project within the Official Plan Review
continues. Since the release of the Courtice Main Street Study Issues Review
discussion paper in November 2009, the consultants hosted another community session,
the Development Options workshop in January 2010. The draft Master Development
Plan which will be used as the basis for a Secondary Plan and Zoning Regulations for
the Courtice Main Street will be presented at the third community session on June 29,
2010 at the Courtice Community Complex. The next step for this project will be to
prepare an Official Plan Amendment for a Public Meeting in September 2010.
899036
REPORT NO.: PSD-080-10
PAGE 3
1.6 As background to the preparation of the Secondary Plan for the Courtice Employment
Lands, AECOM, on behalf of the Municipality, is preparing a Watershed Study for the
Tooley and Robinson Creeks. The Watershed Study Existing Conditions Report was
presented to the public at an open house on June 17, 2010. The next step for this project
will be to prepare the Watershed Study.
2.0 ECONOMIC BASE AND EMPLOYMENT LANDS DISCUSSION PAPER
2.1 The objective of this report is to announce the pending release of the latest
Official Plan Review Economic Base and Employment Lands Discussion Paper.
2.2 This purpose of this discussion paper is to provide the background information needed to
address economic development issues related to community planning. In this discussion
paper, information and analyses are provided on the economic base and employment
lands in Clarington including a review of:
. Clarington's role in the context of the GTA economy, including its share of
employment in Durham Region by sector, labour flows, and key drivers for new
economic development;
. Clarington's economic base including employment, sector growth and
concentrations, and target sectors;
. Projected employment levels by type and location in Clarington;
. Employment lands in Clarington and their suitability to meet employment targets;
and
. Planning policy issues that need to be addressed to ensure that Clarington
maximizes its economic development potential.
2.3 This component of the Official Plan Review, Economic Base and Employment Lands, will
be coordinated and designed to complement the Community Economic Development
Strategy being undertaken by the Clarington Board of Trade with funding
provided through the Community Adjustment Funding from the Federal Economic
Development Agency of Southern Ontario. In their role as the Office of Economic
Development, the Clarington Board of Trade will be working with the consulting firm of
Matthew Fischer and Associates to develop a 10 year Economic Development Strategy
for the Municipality of Clarington. The draft report for this strategy is scheduled for
November 2011.
2.4 The Economic Base and Employment Lands Discussion Paper will be posted on the
Official Plan Review Website www.clarington.netlourplan. Through the website, the public
is also encouraged to provide comments at any time during the process. All Discussion
papers are also available to the public in all branches of the Clarington Library.
2.5 The Economic Base and Employment Lands Discussion Paper will be released on July 5,
2010.
Staff Contact: Lisa Backus
899037
~n
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 21, 2010
Resolution #:
Report#: EGD-019-10
File #:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2010.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-019-10 be received for information.
Submitted by:
Reviewed bY.ff~
nklin Wu
# Chief Administrative Officer
ASC*RP*bb
June 11, 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824
901
J
REPORT NO.: EGD-019-10
PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of MAY 2010, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF MAY
2010 2009
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009
Residential 89 $16,311,859 64 $8,009,034 103,7%
Industrial 0 $0 0 $0 N/A
Government 0 $0 0 $0 N/A
Commercial 4 $602,100 8 $771,000 -21,9%
Institutional 2 $6,000 0 $0 N/A
Agricultural 1 $85,000 2 $1,024,908 -91,7%
Demolition 2 $0 1 $0 N/A
TOTAL 98 $17,004,959 75 $9,804,942 73.4%
YEAR TO DATE
2010 2009
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2010-2009
Residential 364 $71,334,223 181 $24,789,912 187.8%
Industrial 0 $0 1 $120,000 N/A
Government 2 $2,010,700 0 $0 N/A
Commercial 20 $3,663,400 20 $2,078,924 76,2%
Institutional 8 $9,160,400 3 $13,737,560 -33,3%
Agricultural 10 $1,293,536 6 $1,685,830 -23,3%
Demolition 13 $0 13 $0 N/A
TOTAL 417 $87,462,259 224 $42,412,226 106.2%
902
REPORT NO.: EGD-019-10
PAGE 3
1.2 With respect to building permit activities (over $250,000) and large residential building permit
activities, the details are provided as follows:
Owner I Applicant
BOWMANVILLE INVESTMENTS
INC.
Construction Type Location
Site Servicing (Buildings 'K' 2,320 HIGHWAY 2, BOWMANVILLE
& 'M')
Value
$500,000
903
REPORT NO.: EGD-019-10
PAGE 4
The following is a comparison of the types of dwelling units issued for the month of "MAY" and
"YEAR TO DATE".
Dwelling Unit Type "MA V" 2010
32
Single
Detached ,
51%
24
Semi-
Detached
38%
Ii Single Detached 32
. Semi-Detached 24
m Townhouse 6
;; Apartment 1
Dwelling Unit Type "YEAR TO DATE 2010"
18
Apartment
7%
165
Single
Detached
62%
44
Semi-
Detached
17%
. Single Detached 165
. Semi-Detached 44
% Townhouse 38
II Apartment 18
The following is a historical comparison of the building permits issued for the month of "MAY" and
"YEAR TO DATE" for a three year period.
Historical Data for Month of
"May"
$18,000,000
$16,OOO,OOO..@@....... .
$14,000,000
$12,000,000 "
$10,000,000 . -
$8,000,000 " .--
$6,000,000
$4,000,000
$2,000,000
$0
2010
rV;'~e $17,004,959
Historical Data"YEAR TO DATE"
$100,000,000 ......--...@..-.-.....@..--......--------.-.--
$90,000,000 .@@.--....-.-..@....--.......-...-..--.-....
$80,000,000--..-,---..--.----..-...-.....-
$ 70,000,000........'...'..."......
$60,000,000 . .............,.-.,..,.
$50,000,000
$40,000,000
$30,000,000
$20,000,000 ...
$10,000,000 ..
$0 ........
2010 2009 2008
... .................................. .....m..................................................... ........................._..............................
alue $87,462,259 $42,412,226 $57,475,643
904
REPORT NO.: EGD-019-10
PAGE 5
PERMIT REVENUES
2010 2009
May Year to Date May Year to Date
I PERMIT FEES $ 112,003 $ 613,396 $ 65,071 $ 285,907
INSPECTION SERVICES
2010 2009
May Year to Date May Year to Date
.
Building Inspections 481 1,974 537 2,110
Plumbing & Heating Inspections 424 2,135 534 2,532
Pool Enclosure Inspections 19 25 7 12
TOTAL 924 4,134 1,078 4,654
NUMBER OF NEW RESIDENTIAL UNITS
2010 2009
May Year to Date May Year to Date
Single Detached 32 165 18 58
Semi-Detached 24 44 8 20
Townhouse 6 38 0 0
Apartments 1 18 3 6
TOTAL 63 265 29 84
905
REPORT NO.: EGD-019-10
PAGE 6
RESIDENTIAL UNITS HISTORICAL COMPARISON
YEAR: 2010
(to end of 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000
AREA May)
Bowmanville 92 98 340 451 609 307 587 468 345 312 188
Courtice 146 113 134 82 126 241 173 180 133 129 231
Newcastle 12 24 60 77 84 202 191 123 131 76 110
Wilmot Creek 2 9 30 16 15 15 25 29 38 24 19
Orono 0 0 2 1 1 1 2 0 1 0 0
Darlington 3 6 10 6 7 14 15 13 17 47 102
Clarke 2 11 5 11 12 13 10 16 15 9 17
Burketon 1 0 0 0 0 1 1 1 1 0 1
Enfield 0 0 0 0 0 0 0 0 0 0 0
Enniskillen 1 2 0 0 1 1 1 0 2 5 7
Hampton 0 0 0 1 1 0 0 3 1 1 1
Haydon 0 0 0 0 0 0 0 0 0 0 0
Kendal 0 1 0 1 0 0 1 0 3 2 0
Kirby 0 0 0 0 0 0 0 0 0 0 0
Leskard 0 0 0 0 0 0 0 0 1 0 0
Maple Grove 0 0 0 0 0 0 0 1 0 0 0
Mitchell Corners 0 0 0 1 0 0 1 0 0 0 0
Newtonville 5 5 7 2 2 4 5 3 3 0 3
Solina 0 5 0 6 3 3 3 3 1 1 0
Tyrone 1 0 5 0 0 0 0 3 9 3 0
TOTALS 265 274 593 655 861 802 1,015 '843 701 609 679
906
Cl~n
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21, 2010
Resolution #:
Report #: EGD-020-10
File #:
By-law #:
Subject:
MILL STREET PEDESTRIAN TUNNEL STATUS UPDA TE-
NEWCASTLE VILLAGE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-020-10 be received;
2, THAT the Municipality endorse the selection of the Steel Pipe Roof Reinforcement
method of construction recommended by AECOM as detailed within this report;
3. THAT the Municipality endorse the Proposed Construction Schedule as attached;
4, THAT a copy of this report be forwarded to the Canadian Transport Agency,
Transport Canada and the Canadian National Railway.
RiitJ
SutJmitted bt,.-AS. C~~nella
Director of Engineering Services
~
Rewed by: Franklin Wu
# Chief Administrative Officer
ASC/bb/jb/dv
June 16, 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
907
REPORT NO.: EGD-020-10
PAGE 2
1.0 BACKGROUND
1.1 On May 5, 2009 a meeting was convened with the Canadian Transportation
Agency (CTA), CN Rail, Transport Canada, Municipal Staff, and the
Municipality's engineering consultant, AECOM, to begin a facilitation process
between the Municipality of Clarington and CN Rail in an effort to move
construction of the Mill Street Pedestrian Tunnel forward. All relevant
background, past and present issues were discussed, with the majority of the
Municipality's concerns including design review, cost-sharing, construction
scheduling and commitments by CN Rail for their staff involvement in the project.
A proposed construction schedule was agreed to and all parties committed to a
construction target date commencing in or about October of 2009 contingent on
approval of an acceptable construction approach.
1,2 At this meeting, representatives from CN and the Municipality also proposed to
enter into a formal cost-sharing agreement, subject to approval by both parties, in
which CN Rail will make a capital contribution of 15% (to a maximum of
$300,000) towards the construction costs for the Mill Street pedestrian tunnel and
the Municipality will be responsible for the structural and operational maintenance
of the tunnel. By-law 2009-7.0 authorizes the execution of the Agreement with
CN on behalf of the Municipality.
1.3 Efforts have since been made to establish a feasible design option that supports .
eN guidelines and requirements for the project as well as environmental
requirements that were originally established in the Mill Street Environmental
Study Report (ESR). Golder Associates was commissioned to prepare a soils
report based on AECOM's initial design for the project which was based on
conventional Canadian tunnel-building technology where vertical piles are driven
into the railway embankment, temporary bridges placed and sheeting installed to
stabilize soils during excavation. A draft version of the report was received by
AECOM in September of 2009.
908
REPORT NO.: EGD-020-10
PAGE 3
1.4 Due to complex construction requirements and unique soil properties, Golder
expressed concern in the initial draft of their report over the potential for
sloughing and loss of ground beneath the rail bed and the potentially devastating
consequences that could occur during excavation. The report outlined additional
measures that could be taken to mitigate these concerns; however, AECOM was
concerned that, due to the added complexities and associated risks involved, CN
would be more inclined to approve a non-traditional tunnelling approach rather
than AECOM's initial design. As such, a decision was made to pursue other
viable alternatives.
1.5 Some delay to the originally proposed construction schedule was involved at this
point so that AECOM could assemble its wider expertise to investigate all options
at its disposal and find a workable solution for the project. Proven technologies
from the United States, the U.K. and Belgium were considered in conjunction
with Canadian methods and research eventually centred on two tunnelling
options: 1) the Jacked Tunnel and 2) Steel Pipe Arch Methods, Golder updated
their report upon review of these options and submitted a revised draft to
AECOM in April of 2010. Given the potential benefits of the newly proposed
options, Golder indicated that established Canadian methods of tunnel
construction would expose the Municipality to comparatively high risk, high cost
and the possible creation of an unconstructable excavation support system.
1.6 Based on Golder's April 2010 report and ongoing research by AECOM, options
for tunnel construction were revised, expanded upon and submitted in a technical
memo to CN (Attachment 1) for their consideration. Of the five options outlined in
the memo, the Steel Pipe Roof Reinforcement Method was identified by AECOM
as the preferred option. Subsequent discussions with representatives from the
Municipality, Golder, AECOM and CN regarding the preferred option were very
positive due to a lower associated risk and lack of complexity when compared to
the remaining options. During discussions, the CN representative envisioned
potential nation-wide application of the technology as an alternative to current
909
REPORT NO.: EGD-020-10
PAGE 4
Canadian technology for similar projects where the right soil conditions are
present, similar to those at the Mill Street location.
2.0 PROPOSED APPROACH
2.1 The Steel Pipe Roof Reinforcement Method has been employed widely for the
construction of small diameter tunnels in the United States over the last several
decades and as early as the 1960's for the construction of the Antwerp Metro
Station in Belgium. This method is a proven, time-tested alternative specifically
suited for projects where challenging soil conditions are encountered and where
. conventional methods of tunnel construction are constrained by the need to
ensure uninterrupted overhead rail/vehicular traffic or are unable to mitigate
environmental impacts associated with the project. Local expertise in the
implementation of this method is available through the Mississauga office of
Earth Boring Company Ltd. The company has employed the technology in many
similar projects throughout North America and is currently considering it for a
project with the Toronto Transit Commission (TIC).
2.2 The conventional method of construction requires that vertical piles be driven or
augered into the railway embankment during very restricted CN-imposed
construction windows which are., by necessity, scheduled for overnight weekend
hours only. Because of the limited work window, this pile driving could potentially
continue for several months, depending on CN requirements and the likelihood
of unanticipated work stoppages. Disruption to local residents will be a major
concern should this method of construction be employed,
2.3 The Steel Pipe Reinforcement Method essentially solves this challenge by
removing the need to work on the CN Rail embankment. The method uses steel
pipes (piles) which are driven horizontally into position to form a reinforced layer
between tunnel excavations and the soil mass above (see Attachment 1). Steel
ribs are then installed as excavation proceeds, further enhancing the stability of
the tunnel lining. With this layer in place, ground surface settlement and forward
drag of the rail bed above the reinforced layer is substantially reduced when final
910
REPORT NO.: EGD-020-10
PAGE 5
tunnel construction occurs, mitigating one of CN's more pressing concerns.
2.4 Based on available borehole information, soil conditions are well-suited for this
method of construction and horizontal piles are expected to encounter no
significant obstructions (boulders, etc.). To minimize risk associated with the
driving of piles and excavation, CN has searched available records and
confirmed that no record of a historical structure within the embankment in the
vicinity of the proposed tunnel exists. A third party consultant with extensive
experience in unique tunnelling projects has also been added to the project team
to review the project and the preferred methodology as a measure to confirm
assumptions with regard to risk and constructability. This consultant was the VP
of the consulting firm responsible for the Sheppard subway construction.
2.5 Horizontal test piles will be driven and test holes augured as a means to further
mitigate potential risks by directly testing existing soil conditions at the exact
location and configuration of the proposed tunnel. This demonstration will also
act as part of a pre-qualification process for prospective piling sub-contractors
prior to tendering. Golder Associates has agreed to retain a suitable contractor
on behalf of the Municipality to perform this test and demonstration.
2.6 AECOM's Markham office has consulted with Earth Boring Company Ltd. and is
in the process of determining the structural requirements for fabrication of the
horizontal steel piles, necessary invert elevations for the tunnel and the preferred
geometry for construction of the steel pipe reinforced tunnel lining. Preliminary
design under the proposed method is currently advancing and, subject to Council
endorsement and CN staff approval, will proceed to completion as per the
proposed project schedule (attachment 2).
3.0 BENEFITS TO PROPOSED APPROACH
3.1 The Steel Pipe Roof Reinforcement method offers significant benefits for
construction of the Mill Street Pedestrian tunnel that conventional methods
cannot mitigate, including the following:
911
REPORT NO.: EGD-020-10
PAGE 6
. The existing rail bed is left intact and useable throughout the entire
construction process
. .' The need for pile-driving or augering during very restricted CN-imposed
construction windows (late night! early morning weekend hours) is eliminated
and, as such, all works can be completed during regular industry-established
day-time construction schedules and daylight hours eliminating this very
disruptive disturbance to the public during the weekends
. The contractor will not be subject to costly delays due to potential
interruptions and CN rail traffic requirements
. The cost of hiring CN Flagmen, who are currently in short supply and
available only on a restricted basis, is reduced.
. Overall construction period for tunnelling will be shortened by an estimated
50%, representing approximately 4 weeks.
4.0 RECOMMENDATIONS
4.1 Upon careful consideration of available options, scheduling commitments, CN-
imposed construction limitations, and in an effort to proactively manage public
expectation and ESR requirements, Municipal staff recommends Alternative 2-
Steel Pipe Roof Reinforcement as the preferred option.
Attachments:
Attachment 1-AECOM technical memo to CN (April 16, 2010)
Attachment 2-Proposed Project Schedule
912
ATTACHMENT NO.:1
REPORT NO.: EGD-020-10
AaCOM
AECOM
513 DIvision Street
Cobourg, ON. Canada K9A 5G6
www.aecom.com
905372 2121 tel
905372 3621 fax
Memorandum
To
Will McCrae
Andy Schell; Ron Albright, Derek Zoldy
Mill StreetTunnelling Options-Technical Design Memorandum
Page 1
cc
Subject
From
Hamid Javady
April 16, 2010
Project Number 12-10948
Date
1. Design Note for Proposed Mill Street Pedestrian Tunnel
Because of the existing structures, utilities and in particular the active commuter train line, the owner
and CN Rail are concemed about surface settlement and caving.
The design calls for a compartment breast boarded shield, and back grouting to prevent subsidence,
Construction of the underpass will mainly be through the loose silty sand, loose sandy silt, loose
sand, as well as loose sandy silt with some clay by the tunnel invert.
The condition dictated a shallow tunnel, with only 1 ;7moverburclen. However, in discussions with CN
Rail it was apparent that the railroad would not approveopen-cut construction because of the
disruption to its operation on the mainline,
The tunnelling in this alignment would be challenging given the sensitivity of the railroad track above
and the fill materials through which the tunnel would need to be constructed. Some sheet piling at the
entrance ang exit of the tunnel will be necessary.
, A number of options were considered for tunnelling in soft ground under a major commuter rail.
These options are:
1.1 Alternative 1:
Jacked Tunnel Method
This method has been used successfully in other locations principally outside Canada,United States
and Europe, The method provides significant mitigation for concems including: railroad operations
and reduction of interdependence of rail work to support construction by the contractor.
Since the tunnel-jacking method eliminates any relocation of the railroad tracks, the possibDity of pre-
excavation for obstruction removal was eliminated, mandating that all obstructions be removed from
the face of the tunnel as it is being jacked. A metal jacking shield placed on the lead tunnel section is
to be constructed with multiple cells that provide work stations at any location of the tunnel face for
mining and obstruction removal. As excavation ahead of the cutting plate is not pennitted, ground
which supports and surrounds obstructions must first be stabilized by both mechanical means and
K:\DeJi 12\12-10948\SoIIce\HJa'o8dy- Technical Merna &L.u. & OrlM'lrgs -Apr-16-20100.111 Strut TUfII'WNng 0ptbN Tectn~ OesIgnMemo-ArK 16 2D1o.00c
913
A5'COM
Page 2
. Memorandum
April 16, 2010
grouting prior to removal to prevent unacceptable loss of ground with resulting excessive surface and
subsurface movement.
The proposed measures to stabilize the soil face include dewatering, grouting, soil nailing, forepoling,
and use of retractable support grillage in each compartment of the jacking shield. The other major
issue associated with tunnel jacking is the settlement of railroad tracks during dewatering and tunnel
jacking.
The jacked box method involves constructing a reinforced concrete box alongside an embankment.
A hooded cutting edge is attached to the front of the box and hydraulic jacks push the whole structure
forward. Soil is excavated as the box advances, Support of the face can be provided by spiles and.
breasting plates as tunneling progresses. In raveling soils, ground improvement methods such as
penneation grouting, jet grouting, dewatering or ground freezing may be necessary. High friction
between a moving tunnel and surrounding soil can lead to a tendency for the ground to move forward
with the box. These problems are reduced by constructing the box to stringent tolerances and by
installation of grease steel cables or other devices between the tunnel and ground to reduce drag.
The maximum thrust required is typically 50-70% of the weight of the box but is also a function of
tunnel length and cross sectional area.
The monitoring program will be necessary for railroads, To support timely measurements of track
movements, the project is surveying tracks up to three times per day. To mitigate impacts to railroad
operations caused by track settlements, railroad forces and equipment will be assigned directly to the
Project to insure immediate response for required track maintenance. There is heaving issue of soil
cause by jacking which cause lift the railroad tracks. Monitoring of the surface settlement during
construction will be on-going two times per day.
Figure 1: Precast Box
K:'Depl1Z12.10948\Solnle\HJaWCSy- Technical ~mo & Letter & Draving. -Apr-Uio201o.Mll SIteet Tunreling Optiore Techric.ll OnIgn Memo -Apt 16 3J1o.00c
914
A5'CONl
Page 3
Memorandum
April 16, 2010
Table 1: Jack Box Tunnel Project
Prolects Size Cover Date Ground condition Ground treatment
Pedestrian and cyclist L=30m 1,7m 1989 Silt-stone fill overlying soft clay None
subway, UK W=5,9m
H=3,6m
Highway tunnel, UK L=30m 8m 1991 Chalk with swallow holes loosely filled with sand Dewatering of sand
W=16,5m
H=9,5m
Rail Tunnel, London, UK L=48m 107m 1998 Loose slit and sand overlying soft clay None
W=17m
H=6,2m
Lawisham Railway, UK L=32m 2m 1998 Loose silt and sand overlying soft clay None
W=4,4m
H=3,65m
Flood relief culvert, UK L=50m 6m 1999 Clayey granular fill overlying water bearing sands Ground freezing
W=23m and gravels, overlying weather chalk
H=9,5m
Highway Tunnel, L=106,8m 6m 2001 Weak water bearing strata with numerous man Ground freeZing
Boston, USA W=24m made structure
H=10,8m
Highway underbridge, L=45m 1,6m 2002 Fuel ash and clay fill overlying stiff clay with rock None
UK W=14m Incl usion
H=8,5m
1.2 Alternative 2:
Steel Pipe Roof Reinforcement
Tunnel displacement causes deformation of the ground between the tunnel and the ground surface
and hence results in subsidence at the ground surface, Jacked steel pipes are used to form a
reinforced layer between the driven tunnel and the soil-mass above the tunnel to reduce the potential
surface settlement.
Ground surface settlement due to tunnelling in soft ground is a major concem in all aspects of tunnel
design. The surface settlement is caused by a combination of ground loss at the tunnel, which
includes the ground loss at the tunnel face, convergence of the tunnel cavity and the closure of the
physical gap between the concrete lining and the ground,
Ground loss at the tunnel is consequentially translated into an equivalent surface depression
especially in cohesive soil and when tunnelling in shallow ground.
A new method of reinforcing tunnel excavation and reducing the effect of ground loss at the tunnel is
to create a boundary of high stiffness between the ground surface and the tunnel. hi order to enhance
soil properties before tunnelling, steel pipes can be jacked over the perimeter tunnel either in
rectangle or horse-shoe typed arrangements to fonn a layer of reinforced ground between the
proposed tunnel core and Ule ground surface,
The reinforced layer prevents the flow of soil into the tunnel at the periphery and at the face when the
excavator is driven through, Consequently, ground surface settlement is reduced substantially as the
translation of the movement of the ground loss at the tunnel is reduced by the reinforced layer of steel
pipes, Concrete lining is installed to further enhance the stability of the tunneL
K:\Dep: 12\12.1D948\5ou'ce\H Ja-..dy - T~ Memo & telW & Oravi~.. Apr-16-201llMil StrHI TUnNling OPioN TItdwiC81 Design Memo - AfJf 16 2D1o.00c
915
AS"COM
Page 4
Memllra'ldum
April 16, 2010
This method has been widely used for construction of small diameter tunnels in the United States
(Rhodes and Kauschinger, 1996), However, this method has in fact been used in the early 1960s in
Belgium for the construction of the Antwerp Metro station (Hoste, 1980). The tunnel with 52m length
on the metropolitan Atlanta Rapid Transit system in Atlanta, Georgia, in 1991, was excavated by steel
pipe roof. The minimum overburden in this tunnel was 1.5m.
1.3 Alternative 3:
Sequence Excavation Method
Grouting will be injected from the surface and involves drilling a small diameter hole to the required
depth. Fluids are then injected through a special drill bit and ejected horizontally through a nozzle at
a high velocity into the ground, Based on the expected jet-grouted column diameter, a pattem of
holes at 1 m center-to-center will be considered.
The railroad undercrossing presents its own special difficulties. The embankment requires a drill
bench on both sides of the track so that angled drilling can be performed under the operating track.
In addition, special controls will be. instituted with the drilling and grouting procedure to avoid h~ave
and lateral displacement. The construction sequence will be as follows:
1, Jet-grouting from the surface
2, Creation of a layer of improved ground around the crown of the tunnel by horizontal jet
grouting or forepoling in advance at depth of 2m
3. Advance of top heading
4, Placing steel ribs and liner plate
5, Back-grouting behind of liner plate in every 2m advance
Repeat the cycle from No.2 to No.5 until top heading of tunnel completed
1. Excavation of benching and extend the support and back grouting
2. Completion of final concrete lining
The shape of tunnel will be horseshoe as the arch will provide more stability. The support will be steel
ribs with metal lagging, The mini-excavator or mini-roadheader can be used for tunnel excavation,
Following the completion of the tunnel drive, the final lining will be constructed inside the tunnel. The.
final lining will be cast-in-place concrete and constructed by using a traveling steel tunnel form.
Monitoring of surface settlement will be on-going, two times per day, before and after the beginning
of tunnelling.
K:\OeJ112112~10lM8\Scuce\HJ.Y8dy- Techniclll Metrl:) & Letter & Orawi1'G1. Apr.16-2010iMil St..... Tunnel~ 0J11oN Techrical Design Memo - Ap 18 2010.000
916
AECOM
Page 5
Memorandum
April 16, 2010
Figure 2: Horizontal Drill Rig
Figure 3: Corrugated Liner Plate Installation
1.4 Alternative 4:
Ground Freezing
Stabilize the soil by the use of ground freezing is another option. The purpose of ~his method is to
achieve maximum security for railroad infrastructure and operations by significantly increasing the
strength and stability of the soil at the tunnel.
K:\Oe~ 12\12-10948\Solroe\H Ja.y. TecMiclI Memo & LeltIW & OrMrv'. Apr-1&-201o.MII SlrMl Tunrwllng OJikn Techrical Design Memo.AJK 16 201D.Dac
917
AS'COM
Page 6
Memorandum
April 16, 2010
The freezing method will increase the efficiency and safety of obstruction removal by holding
obstructions in place and providing a positive means of preventing run-in of material during
obstruction removal.
The major issue is the heaving of the soil caused by ground freezing which in tum will lift the railroad
tracks,
The contractor for this method is not available in Toronto,
1.5 Alternative 5:
Pedestrian Bridge
The pedestrian bridge provides adequate space for sidewalks and biking for the community.
Figure 4: Pedestrian Tunnel
2. Preliminary Assessment of Construction Method and Constructability
Issues
The preliminary designs include a site map, tunnel plan and profile, and typical tunnel.
Horizontal jet-grouting around the tunnel's perimeter before opening the tunnel lowers the risk for
settlement and heaving of ground under the railway. Jet-grouting is a method which uses the effect of
shearing and disintegrating the soil by exposing it to the operation of a cement grout jet.
Based on preliminary geotechnical information, it is anticipated that soft ground tunneling methods
will be appropriate. The horseshoe shape of the tunnel will provide more ground stability. The support
will use steel ribs with metal lagging, The mini-excavator or mini-roadheader can be used for tunnel
driving.
The major risks were identified are:
1. Settlement or heaving of the railroad tracks
2, Encountering obstructions that could not be removed
3. Heterogeneous sqil conditions due to tunneling in fill materials
4. Flowing ground conditions at the tunnel
Based on the result of geotechnical investigations, groundwater is not expected to be encountered or
significantly affect the tunneling operation.
K:'DeJi 12\12~1DlW8\Sou'cI\H J...y- TectricaI Memo & LetIIr & DrMtngl. Apt-18-201I11MII Stntet TUf1Il8Jing OpI:io.. TectnC81 Daign Memo - AfK 16 201o.00c
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Page 7
Memorandum
April 16, 2010
To control ground loss or heave, ground improvement from the surface and in the tunnel will be
necessary. Due to the possibility of encountering boulders and obstructions, the machine is required
to have a boom excavator to excavate and remove obstructions.
To control flowing ground at the tunnel face, stabilization of the face by forepoling, horizontal jet-
grouting and close face operation will be necessary. Surface grouting will also stabilize the tunneling
operation,
In order to ensure minimal impact to the railroad operation, the contractor will be required to
coordinate tunneling with the railroad's schedule to minimize tunnelling under tracks that are in use.
In addition, extensive monitoring of settlement points on and adjacent to the track will be required on
a daily basis.
Selecting the optimal construction method: Factors to be considered when assessing alternative
construction methods include cost, schedule, aversion to risk, ground cover, soil conditions, space
availability and predicted settlement. If we consider cost of a shallow cut and cover as 100, then
relative cost of equivalent tunnel construction methods would be as follows: .
1, Ribs and lagging, 150
2, Jacked Box, 170
3, Steel Piping roof, 180
End of Memorandum
K:\DepC 121 12.10fM8\Souw\H JI..Y. T~ Memo & leu., & OrawirYJa. Ap".16-201tM111 Street TUf'V'811ng Optlora Tectn~ DesIgn Memo - Ap"1f1 201o.00c
919
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Municipality of Clarington
Mill Street Pedestrian Tunnel
Preliminary Project Schedule
Activities End Date 2010
IMilestone
May June July August September October
1,0 Preliminary Desi~n July 26, 2010
2.0 Site Visit and Assessment - Earth Boring Company Ltd. June 17, 2010 *
3,0 Presentation to GPA June 21, 2010 *
4,0 Constructibility Review June 25, 2010 *
5,0 Status Report to Council June 28,2010 *
6,0 Test Pile & Pre-qualification Site Meeting July 26,2010 *
7,0 Detailed Design August 31,2010
I
I
8,0 Tendering September 16, 2010
9,0 Submit Report forGPA Agenda September 21,2010 *
10,0 Council Award of Tender October 04,2010 *
11,0 Begin Construction October 11, 2010 *
Attachment 2
Aa"COM Cl~-4Jgton
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REPORT
OPERATIONS DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, June 21,2010
Report #: OPD-001-10
File No.:
By-law #:
Subject:
SUPPORT OUR TROOPS BANNERS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report OPD-001-10 be received;
2. THAT Council authorize staff to proceed with the recommendations for Support Our
Troops banners in Clarington; and
3. THAT all interested parties be notified of Council's decision.
Submitted by: 2:L
'"
Fred orva
B.A., .D.M.R., R.R.F.A.
Director of Operations
Reviewed bY:~
ranklin Wu,
4 Chief Administrative Officer
FH/sh
June 8, 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1001
REPORT NO.: OPD-001-10
PAGE 2
1.0 BACKGROUND
1.1 At the Council meeting of April 21, 2008 Council received a request to have twelve
(12) Support Our Troops banners donated by Goodyear Canada Inc. placed at
various locations throughout downtown Bowmanville. Council did request that the
banners be displayed across the Municipality to show our support.
1.2 Goodyear Canada Inc. donated an additional twelve (12) banner to be installed
throughout the Municipality through the efforts of Councillor Trim. A list of the
original installation points is as follows:
. MAC - Temperance Street . South Courtice Arena
. MAC - Church Street . Courtice Highway 2
. Vanstone Bridge . Darlington Sports Centre
. Garnet B. Rickard . Solina Hall
. Newcastle Mill StlHwy 2 . Tyrone
. Orono - Main Street . Newtonville
. Courtice Community Complex
1.3 The installation of the banners was provided by Langley Utilities Inc., as part of their
Company's support for Canadian Troops with assistance from Operations staff.
1.4 At the May 10, 2010 meeting Council received correspondence from Ms. Margaret
Maskell advising that some of the banners were missing and requesting that Council
address this issue and continue to show our community support. Council referred
the letter to staff requesting a report on the inventory of banners and their current
condition. .
2.0 CURRENT 5T A TU5
2.1 The current banners are 19.5 inches wide by 42.5 inches in length. The initial
installation was for a total of 24 banners throughout Clarington. As of the writing of
this report, staff"estimates that 17 of those banners remain, while 7 are missing. Of
those remaining, deterioration is noticeable and needs to be addressed.
2.2 Missina Banners
Banners have gone missing from various locations including 5 from the Vanstone
Bridge. Staff did not remove these banners, and have no indication of their current
whereabouts.
1002
REPORT NO.: OPD-001-10
PAGE 3
2.3 Condition
The condition of the remaining banners is questionable. Weather plays a significant
role in the life cycle of items intended to be outdoors and the elements have
contributed to the deterioration of many of the remaining banners. Sun fading and
wind damage are taking their toll. The current vinyl on vinyl banners will not be
sustainable for significant lengths of time in these conditions. It is recommended
that they be replaced bi-annually, if not annually.
2.4 The current vinyl on vinyl banners were obtained through the generous donation of
Goodyear Canada Inc. The replacement cost would be borne by the Municipality
unless ongoing sponsorship can be obtained.
3.0 RECOMMENDATIONS
3.1 Staff proposes the following changes to the current program to simplify location
decisions and provide consistency and visual impact throughout the Municipality.
3.2 Banners
Banners similar to those currently in use would continue to be used. Staff suggests
the following locations for the first year:
Location
Bowmanville Vanstone Bridge
Bowmanville Cenotaph
Newtonville Cenotaph
Newcastle Cenotaph
Orono Cenotaph
Courtice
Number
6
3
3
3
2
2
These banners would be approximately $85 each, for a total of approximately
$1,800. Staff will continue to investigate sponsorship opportunities since there were
no funds identified for supply and installation of the banners in the Operations
Department 2010 Capital Budget.
1003
REPORT NO.: OPD-001.10
PAGE 4
3.2.1 Maior Gatewavs
Staff proposes new add-ons to the welcome signs at major gateways subject to the
approval of the respective authorities, to the Municipality. These extensions would
read II C/arington Supports Our Troops " effectively covering the high traffic
entry points and would visible upon entry to Clarington. The gateway banners would
be conveniently located and highly visible.
The major gateways in Clarington are:
. Taunton Road at Enfield
. Regional Road 57 at Burketon
. Regional Road 9 at Kendal
. Highway 2 at Newtonville
. Highway 401 at Courtice Road
. Highway 401 at Newtonville Road
. Highway 2 at Courtice Road
. Scugog Road at Burketon
The approximate total cost of the header banners is $800 (8 signs @ $100 each).
This will be referred to the 2011 Budget.
3.2.2 Hamlet Skms
Hamlet signs are the community identifying signs seen at the entry to the individual
hamlets. Staff proposes that the existing hamlet signs be given an extension similar
to the gateway signs to include II . Clarington Supports Our Troops ." on a one
foot by eight foot piece of plywood painted to match the existing sign.
The anticipated cost to procure extensions for the approximately 50 hamlet signs in
Clarington would be $80 per sign, with a onetime design fee of $100 for a total of
$5000. Staff proposes that the funds be allocated during the review for the 2011
budget.
3.3 Facilities
Yellow ribbon decals, similar to those on Clarington Emergency
Services vehicles are proposed for Clarington facilities. These
decals will be applied to the glass in the exterior front doors of
municipal buildings and facilities. In total there are nineteen
facility buildings that would receive decals. The cost would be
nominal.
\1
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.~~ (At
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Interested Parties:
Margaret Maskell
1004
CI~pn
REPORT
OPERATIONS DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday, June 21,2010
Report #: OPD-002-10
File No.:
By-law #:
Subject:
2010 WINTER BUDGET REPORT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report OPD-002-10 be received for information;
2. THAT the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing
Services be confirmed as per the 2010 approved budget with an annual administration
fee for the 2010 - 2011 service to remain at $60.00 plus HST per registered property.
3. THAT the deadline for applications to be received by October 15, 2010.
Submitted bY:~
Fre 0 ath
B.A., RD. .R, RRF.A.
Director of Operations
Reviewed bY:~
..It nklin Wu,
vrr - Chief Administrative Officer
FW/kr
May 31,2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1005
REPORT NO.: OPO-002-10
1.0 BACKGROUND AND COMMENT:
PAGE 2
1.1 As of May 28, 2010 from January 1 st to May 28th the Operations Department incurred
1,885.5 hours of total overtime. The following is a comparison of overtime costs for the
same period over three years:
Year Over Time Double Lieu Time Total Hrs Cost
Hrs Time Hrs Hrs
2.008 2,681.5 1,686.5 1,381.5 5,749.5 $213,197.56
2009 1,420.5 1,109.0 999.5 3,529.0 $168,463.24
2010 750.5 335.5 799.5 1,885.5 $ 82,306.63
1.2 During the first four month period the Operations Department provided 28 responses,
which included 10 full call outs. Please note in the following table the total number of
our responses for the 2010 winter season compared to the previous four years:
YEAR JAN FEB MAR APR TOTAL
2006 19 18 9 0 46
2007 17 27 13 2 59
2008 19 27 18 0 64
2009 28 13 1 2 44
2010 12 16 0 0 28
Spring clean up of winter sand was completed by May 4th.
2.0 BUDGET:
2.1 For 2010 Council approved a winter maintenance budget of $1,750,600; plus $120,000
for sidewalks and parking lots and a Senior Snow Clearing contract of $44,800.
1006
REPORT NO.: OPO-002-10
PAGE 3
2.2 Winter Maintenance:
As of May 28, 2010, the following table illustrates the expenditures incurred.
Winter Control 2010 Budget 2010Actual Variance
Plowing $ 329,600 $ 70,249 $ 259,351
Sanding/Salting $1,193,500 $ 527,744 $ 665,756
Winter Mtce Other $ 227,500 $ 233,784 ($ 6,284)
Total $1,750,600 $ 831,777 $ 918,823
In the BIA areas once there is an accumulation of 24" snow removal operations are
scheduled.
There were no snow removal operations during January and February of 2010
compared to eight snow removal operations for the same period in 2009.
The variance of the 2010 winter annual maintenance budget to actual up to May 28th of
$918,823 includes an estimated sand/salt end of season inventory value of $115,300.
2.3 Sidewalk Snow Clearino Contract:
The total budget for this program in 2010 is $120,000 with an actual expenditure of
$25,888 as of May 28th
2.4 2010 Senior Citizens and Phvsicallv Disabled Sidewalk Prooram
The total budget for this program for 2010 is $44,800 with an actual expenditure of
$6,196.57 as of May 28th, based on the 293 registrants received.
Below is a table of call-out statistics for this program from 2001 to April 2009:
Call-Out Statistics
January February March April November December Total
2002 10 10 7 0 2 11 40
2003 23 14 11 4 1 6 59
2004 20 9 3 0 1 9 42
2005 11 5 9 0 5 10 40
2006 7 9 2 0 0 3 21
2007 12 12 6 1 2 12 45
2008 11 10 9 0 2 13 45
2009 8 4 0 1 0 4 17
*2010 7 7 0 0 nfa nfa 14*
* A total of 14 full callouts for winter sidewalk maintenance to date in 2010.
1007
REPORT NO.: OPD-002-10
PAGE 4
2.4 2010 Senior Citizens and Physically Disabled Sidewalk Program Statistics:
279
139
60
5
12
2
2
o
9
2
4
1
515
Did Not Return to Program from 08-09
Total Participants in 08-09 Program
01
Decrease to the 2010 Program from last
Year fee of $60.00 a lied this season
Bowmanville
Courtice
Newcastle
Newtonville
Orono
Solina
Burketon
Enniskillen
Hampton
Maple Grove
Mitchell's Corners
Leskard
138
71
20
4
12
1
1
3
6
o
2
o
258
515
780
22
5
6
o
1
o
1
o
o
o
o
o
35
160
76
26
4
13
1
2
3
6
o
2
o
293
3.0 2010/2011 Senior Citizens and Physically Disabled Sidewalk Program
3.1 The 2010 Budget incorporated a fee for service program. Staff recommends to Council
that the annual administration fee for the 2010 - 2011 service remain the same at
$60.00 plus HST per registered property and that the administration fee for the 2011 -
2012 season be reviewed during the 2011 Budget deliberations. Any change for the
2010 year will have an impact upon the 2010 approved budget.
3.2 Staff recommends the deadline for applications to be received by October 15, 2010.
4.0 CONCLUSION:
4.1 The current surplus reflected in this report is based on year to date actual. Final annual
results will therefore be impacted by November to December 2010 winter conditions.
Staff will continue to provide storm updates to you throughout the fall and winter and will
report to Council in early 2011 on the costs of the 2010 winter maintenance program.
1008
ClN-pn
REPORT
OPERATIONS DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, June 21,2010
Report #: OPD-003-10
File No.:
By-law #:
Subject:
MINIMUM MAINTENANCE STANDARDS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report OPD-003-10 be received;
2. THAT Council approve $35,000 plus tax for sign reflectivity contract to meet the new
2010 Minimum Maintenance Standards; and
3. THAT the cost be expensed against the current budget account #100-36-384-10315-
7112 Traffic Signs - Misc. Operating Expense resulting in an over expenditure in 2010;
and
4. THAT Council recognizes that this cost be included in future annual budgets.
Submitted by: ~.
Fred ath
B.A., RD.M.R, RRF.A.
Director of Operations
Reviewed by: ~~
F klin Wu,
1J' Chief Administrative Officer
FH/LPllsh
June 8, 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1009
REPORT NO.: OPD-003-10
1.0 BACKGROUND
PAGE 2
1.1 In 2001, the Province of Ontario enacted the Municipal Act, 2001 and by
Regulation introduced the Minimum Maintenance Standards (MMS). The
Minimum Maintenance Standards set out required responsibilities for
municipalities regarding snow clearing, pothole maintenance, and other
issues. The standards were developed to provide municipalities with a
legal defense against liability from actions arising with regard to levels of
service. Regulation 239/02, which came into force on November 1, 2002,
contains the Minimum Maintenance Standards
1.2 The Minimum Maintenance Standards under the Municipal Act, 2001 were
amended by Ontario Regulation 23/10, which came into effect on
February 18, 2010. Several of the amendments are significant and will
require the municipalities to review maintenance practices to ensure that
the standards are met. Subsequently, increased documentation and
tracking of maintenance and inspection records will be required.
1.3 The changes to the legislation are not unexpected. Historically major
changes happen during the five year review. Due to the timing of the
changes, the 2010 Municipal budget does not provide for costs that are a
result of these changes.
2.0 CHANGES TO MMS
2.1 The chart below gives a brief view of the change and its effect on
Clarington;
Constructive knowledge
No effect on Operations
This is a clarification of legal terminology
Winter patrolling
Additional training to include slush
Trip and Fall on sidewalks
New requirements - 3/4" verses 1
~"height differential
Snow accumulation and
icy roads
Wording change no effect
Obscured signs
New - vegetation control standards
Sign retro-reflectivity
New - annual inspection requirements
1010
REPORT NO.: OPD-003-10
PAGE 3
2.2 Sidewalks:
Discontinuity means a vertical difference in height or width caused by a
crack or heaving of the individual panel of sidewalk material. The
minimum standard for the frequency of sidewalk inspection for surface
discontinuities is now once per year, per Section 16.1 (1). Previously,
there was no annual inspection requirement.
Municipalities are now required to treat sidewalk surface discontinuities
that exceed % of an inch (two centimeters) within 14 days after becoming
aware of the fact. Treating a surface discontinuity on a sidewalk requires
taking reasonable measures to protect users of the sidewalk from it,
including permanent or temporary repairs, alerting pedestrian's attention
to it or preventing access to the area. Currently staff will follow up with
any combination of the following treatment methods;
. paint the defective area;
. patch with speed crete;
. single bay replacement; or
. schedule for following years sidewalk program
2.3 Traffic Sions
The MMS previously required road sign repairs, where signs were illegible,
improperly oriented, or missing. There is now an additional requirement to
repair road signs that are obscured as per the Ontario Traffic Manual
(OTM) Regulations. This will require more vegetation control and tree
trimming as required from patrol notes.
2.4 Reoulatory or Warning Sions
Section 12 (1) of this new legislation requires all regulatory signs and/or
warning signs are to be inspected at least once per year for reflectivity.
This is due to the degradation of the retro-reflectivity on signs that occurs
over time. An annual inspection of the retro-reflectivity of signs must be
done in order to ensure compliance with the Ontario Traffic Manual (OTM)
requirements.
2.5 Snow accumulation
The definition of "snow accumulation" in Section 4(6) has been expanded
to include "slush".
1 0 11
REPORT NO.: OPD-003-10
3.0 REFLECTIVITY OF SIGNS
PAGE 4
3.1 Most sign faces are made with a retro-reflective material to enhance the
visibility of signs and their messages at night. The brightness of the sign
is a function of the age of the sign, as well as the size of vehicle, type of
head lamps, and the environmental conditions. In general, the higher the
retro-reflectivity level the brighter the sign will appear to a driver.
3.2 The retro-reflectivity of signs gradually deteriorates over time making signs
less visible at night. As signs lose their retro-reflective properties, their
effectiveness in communicating regulatory and warning messages to
travelers diminishes to the point where signs may not be be seen or read.
4.0 SIDEWALK DISCONTINUTIES
4.1 Historically Clarington has maintained a MMS of 1 % inches for sidewalk
discontinuities. Changes to the MMS have come after much dissension
from multiple municipalities during talks with Ontario Good Roads
Association (OGRA) working group.
Changes to the legislation could prove to be problematic during the winter
season as a % inch deflection is a possible consequence of a frost heave
in any normal winter.
4.2 Operations Department conducts sidewalk repairs within one of five
programs:
. Hot mix asphalt overlay
. Grinding
. Jacking
. Interlocking
. Single bay replacement
Only the single bay replacement is handled in-house. The annual budget
for all five sidewalk repairs programs is $48,000. In addition, Engineering
Services conducts a program to remove and replace longer stretches of
deteriorated sidewalk. Additionally they construct new sidewalks as
required by the ongoing development within the Municipality. The
anticipated cost for 2010 is $285,000.
4.3 Current practices for Sidewalk Inspection are to inspect the Bowmanville
Business Improvement Area (BIA), Newcastle BIA, and Orono downtown
area every year. The remainder of sidewalks within the municipality is
rotated through a three year cycle. However, Clarington has been pro-
active over the last five years which puts us in a better position than some
municipalities.
1012
REPORT NO.: OPD-003-10
PAGE 5
5.0 INSPECTIONS
5.1 Sidewalk
Timing of the new legislation has not allowed enough suitable contractors
to become established and able to meet the requirements of the MMS for
sidewalks in 2010. The Operations Department and Engineering Services
staff has collaborated to ensure that our inspections will be completed
within our current resources.
Staff will be bringing forward a more comprehensive solution to address
the annual inspections of sidewalks including additional staff. and/or
contracting out, during the 2011 Budget process.
5.2 Sions
Sign assessment involves the evaluation of a sign's retro-reflectivity by
night time visual inspection or measurement of retro-reflectivity using an
appropriate instrument. Due the nature of these tests and the fact that
there is specialized equipment and training required staff are not qualified
to carry out the inspections. This will require a specialized company be
contracted. Preliminary estimates have the pre-tax cost of the service at
$35,000.
6.0 RECOMMENDATIONS
6.1 If the Municipality fails to comply with Minimum Maintenance standards,
then there is no defense against claims submitted. In order to comply with
these new provincial regulations, it is recommended that Council approves
the increase of approximately $35,000 plus tax, to hire a specialized
company to complete the sign assessment as required by the Minimum
Maintenance Standards (MMS) for 2010. The cost will be expensed
against the current budget account #100-36-384-10315-7112 Traffic Signs
- Misc. Operating Expense resulting in an over expenditure of this account
in 2010. That this cost will be required to be included as an additional cost
in future annual budgets.
6.2 Operations Department will continue to maintain and evaluate our current
sidewalk maintenance program and bring forth any budgetary concerns
during the 2011 Budget discussion.
Concurrence: Director of Finance
1013
CI!J!-!lJgron
REPORT
EMERGENCY & FIRE SERVICES
Meeting: GENERAL PURPOSE AND ADMINSTRATION COMMITTEE
Date:
June 21, 2010
Resolution#:
Report #: ESD-008-10
File #:
By-law #:
Subject:
EMERGENCY AND FIRE SERVICES - GOVERNING BY-LAW UPDATE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-008-10 be received;
2. THAT the updated Emergency and Fire Services Governing By-Law (Attachment #3) be
forwarded to Council for approval; and
3. THAT the outdated By-Law #2007-134 (Attachment #2) be rescinded.
Submitted by:~J <--. l.J --< Reviewed by: g ~
Gordon Weir, AMCT, CMM111 in Wu,
Director Emergency &Fire Services fI Chief Administrative Offic~r
GW*jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1101
ESD-008-10
Page 2
1.0 BACKGROUND
1.1 In 2007, the Emergency and Fire Services Governing By-law was updated
through Report ESD-009-07 (Attachment #1) and By-Law #2007-134 was
established (Attachment #2). In reviewing the current By-law #2007-134
recently, staff felt a further update was required.
1.2 The update to Governing By-Law (Attachment #3) includes:
· Additional definitions
. Amendments under Part 6 - Mutual and Automatic Aid Response
Outside the Limits of the Municipality
. Minor changes to Appendix "A" Core Services
1.3 Staff will continue to review the by-law yearly and update when required to
ensure it is current and meets the needs of the Department and the
community.
Attachment #1 - Report ESD-009-07
Attachment #2 - Outdated By-Law #2007-134
Attachment #3 - Updated Emergency and Fire Services Governing By-law
1102
C~pn
ATTACHMENT #1 TO REPORT ESD-008-10
REPORT
EMERGENCY AND FIRE SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 8, 2007
Report #: ESD-009-07
File #
10.12.6
By-law #
Subject:. EMERGENCY AND FIRE SERVICES GOVERNING BY-LAW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-009-07 be received;
2. THAT the attached By-law #84-68 (establishing by-law), and By-law #94-172
(amendment) be rescinded; and
-
3. THAT the attached Emergency and Fire Services Governing By-law be forwarded to
Council for approval.
ATTACHMENT # 1: By-law for Mutual Aid and Automatic Response
ATTACHMENT # 2: By-law 84-68 .
ATTACHMENT # 3: Report FD-1-94
ATTACHMENT # 4: By- w 94-172 /:
Submitted by: -'. Reviewed by: U~ -
G on ir, AMCT, MM111 1.1 Franklin Wu,
Director of Emergency & Fire Services ~ Chief Administrative Officer
GW:sr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506
1103901
REPORT NO. ESD 009-07
PAGE 2
BACKGROUND
1.1 The Fire Department was established under By-law #84-68, which provided a
description of the department at that time. It also provided for detailed
descriptions of positions, which were created at the time, for the prevailing fire
and emergency service levels. The report which gave rise to the amendment to
the establishing by-law (Report # FD-1-94) is attachment #3 for background and
information. It provides for water rescue which was incorporated into the
establishing by-law by the amending by-law #94-172 (attachment #4).
1.2 The establishing by-law was subsequently amended with By-Law #94-172, but
since then the department organization, staffing and service level has been
amended from time to time by Council, through the annual budget process,
leaving many references in the establishing by-law as inapplicable to the current
organization.
1.3 Also, the existing by-laws do not clearly define the criteria for mutual aid and
automatic response as required when we are asked for assistance in
neighbouring communities, such as the Cobourg plastics fire that occurred in
April of 2005.
1.4 Amendments to the Emergency Management and Civil Protection Act now
require that our resources may be deployed throughout the Province at the
Premier'.s request.
PROPOSED UPDATED BY-LAW
2.1 The existing By-laws #84-68 and #94-72 are rescinded through the attached By-
. law #2007-00 with the intention of maintaining the department, updating the
references to reflect the core service practices, and allowing for organizational
change through the budget process.
2.2 The attached By-law #2007-00 also updates the mutual aid and automatic
response provision to reflect the industry norm and current practices.
11 0602
Attachment #1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
EMERGENCY & FIRE SERVICES GOVERNING BY-LAW,
BY-LAW NUMBER #2007-xx
_1)4
MUTUAL AID AND AUTOMATIC RESPONSE
WHEREAS the purpose is to repeal the by-law establishing the Emergency and Fire
Services Department for the purpose of updating the reference terminology and to rescind By-
laws #84-68 (establishing By-law), and 94-172 (amendment to #84-68).
WHEREAS the Fire Protection and Prevention Act, (FPPA) 1997, S.O. 1997, c. 4, as
amended, requires every municipality to establish a program in the municipality which must
include public education with respect to fire safety and certain components of fire prevention and
to provide such other Fire Protection Services as it determines may be necessary in accordance
with its needs and circumstances; and
WHEREAS the FPP A permits a municipality, in discharging these responsibilities, to
establish a Fire Department; and
WHEREAS the FPP A permits a Council of a municipality to establish, maintain and
operate a Fire Department for all or any part of the municipality; and
WHEREAS the FPP A requiles a Fire Department to provide fire suppression services
and permits the Fire Department to provide other Fire Protection Services in the municipality.
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1. DEFINITIONS
In this by-law, unless the context otherwise requires;
1.1 "Approved" means approved by the Council;
1.2 "Automatic Aid" means a municipality agrees to ensure the provision of an initial or
supplemental response to tires, rescues, and emergencies that may occur in a part of
another municipality where a fire department in the municipality is capable of
responding more quickly than any fire department situated in the other municipality;
1.3 "CAO" means the Chief Administrative Officer appointed by Council to act as Chief
Administrative Officer for the Corporation;
1.4 ''Confined Space" means a fully or partially enclosed space in accordance with Health
and Safety regulations;
1.5 ''Corporation'' means The Corporation of the Municipality of Clarington;
1.6 "Council" means the Council of the Municipality ofClarington;
1.7 "Chief" means the penon appointed by the Council to act as Fire Chief for the
Corporation and it ultimately responsible to Council as defined in the FPP A;
1105
903
1.8 "Deputy Fire Chiet{s)" means the person(s) appointed by the Council and who many act
on behalf of the Fire Chief in the case of any absence of the Fire Chief or a vacancy in
the office of the Fire Chief. (If the title changes the responsibility will reside with the
person taking on the duties);
1.9 ''Division'' means a Division of the Municipality ofClarington Fire Department;
i .10 ''Fire Department" means the Municipality of Clarington Emergency & Fire Services;
1.11 "Emergency" defined to include an unforeseen event that involves imminent danger to
the life, health and safety of any person and includes medical assistance or non-fire
emergency suth as a stonn, flood or another Act of God;
1.12 "Emergency Response Plan' mean an emergency plan formulated under the Emergency
Management and Civil Protection Act which specifies procedures to be taken for the
safety or evacuation of persons in an emergency area, provide for obtaining and
distributing materials, equipment and supplies during an emergency and provide for
such other matters as are considered necessary or advisable for the implementation of
the emergency plan during an emergency;
1.13 "FPPA" means the Fire Protection and Prevention Act, 1997, S.O., c 4, as may be .
amended from time to time, or any successor legislation, and any regulation made
thereunder;
1.14 "Fire Protection Services" includes fire suppression, fire prevention, fire safety
education, communications, training of persons involved in the provision of Fire
Protection Services, rescue and emergency services and the delivery of all those
services;
1.15 "High Angle" means an environment in which the load is predominately supported by a
rope rescue system;
1.16 "HUSAR" means Heavy Urban Search And Rescue;
1.17 ''Member'' means any person employed in or appointed to the Fire Department and
assigned to undertake Fire Protection Services; .
1.18 ''Mutual Aid" means where the Council of the Municipality has made an agreement or
plan with another municipality or Region; or at the discretion of the Chief 88 provided
for herein, for the provision of any personnel, service, equipment or .materlal during an
emergency;
J .19 "Tiered Response" means the process of dispatching police, fire and ambulance to what
is detcnnined to be a life threatening situation. Tiered response endeavors to send the
closest appropriate emergency response agency, bued on time, to render assistance at
the scene of an emergency incident until the primary response agency can arrive.
1~B2
. ,
2. ESTABLISHMENT
2.1 The Fire Department was established by By-law #84-68 and By-IaW# 94-172 which is
repealed herein for the purpose of updating references to reflect current terminology and
practice. Despite repeal of By-laws, the Emergency and Fire Services Department win
continue with services and organization as bas been and as may be amended and
approved by Council from time to time.
2.2 The Fire Department is continued under this By-law to provide Fire Protection Services
and any other service as approved by Council for the COlpOtation and shall be known as
the Clarlngton Emergency & Fire Services. .
3. CORE SERVICES
3.1 For the purposes of this By-law core services provided by the Fire Department will be as
per Appendix "A" forming part of this By-law.
3.2 Nothing in the By-law will restrict the Fire Department to providing only core services or
limit the provisions of Fire Protection services, as set out/covered under appointing by-
law, as approved by Council.
4. PROPERTY/APPARATUS USE
4.1 No person sball supply any apparatus, equipment, or other property of the Fire
Department for any personal or private use.
4.2 No person shall willfully damage or render ineffective or inoperative any apparatus,
equipment or other property belonging to or used by the Fire Department.
5. FIRE SUPPRESSION
S.I The Fire Department may suppress any fire or other hazardous condition by
extinguishing it or by other reasonable action and, for this purpose, may enter private
property, ifneccssary, to do so.
S.2 The Fire Department may pull down or demolish any building or structure, with the
assistance of the municipal or other equipment and services available; when considen:d
necessary to prevent the spread of fire.
6. MUTUAL AND AUTOMATIC AID RESPONSE FROM OUTSIDE THE LIMITS OF
THE MUNICIPALITY (Automade aDd Mutual AId AgreemeDts)
A) AId to the MUDlelpaUty of ClampoD (requested by the MUDlelpaUty)
The fire Department may request other municipalities to provide mutual aid and other
aua1i~1'Jd J?ersons present at a fire to assist in;
6.A.I Extinguishing fires;
1107 905
6.A.2 Pulling down or demolishing buildings or structures to prevent the spread of fire;
6.A.3 Crowd and traffic control; or
6.A.4 Suppression of fires or other hazardous conditions in other reasonable
ways.
B) By the Municipality to Othen (response outside the Umits)
Tbe Fire Department shall respond to a call with respect to a tire or emergency outside
the territorial limits of the Corporation with respect to a tire or emergency including nOD-
fire emergencies under the following conditions;
6.B.I In the opinion of the Fire Chief or designate of the Fire Department, conditions
threaten property outside the tenitoriallimits of the COIporation that is owned or
occupied by the Corporation;
6.B.2 In a municipality with which an approved automatic aid or mutual aid agreement
has been ent!'l'ed into to provide Fire Protection Service or other emergency
assistance, including Osbawa By-Jaw 2001-172 and Port Hope By-law 2002-13
as established.
6.B.3 On property with which a Council approved ~greement has been entered into with
any person or coIporation to provide Fire Protection Services or other emergency
asaistance; .
6.B.4 At the di~retion of the Fire Chiet: to a municipality authorized to participate in
any regional or Municipal mutual aid plan established by a tire co-ordinator
appointed by the Fire Marshall or any similar reciprocal plan or program. or as
determined necessary by the Fire Chief, and
6.B.5 As directed by the Province under Emergency Management and Civil Protection
Act or any other prevailing government directive, or as determined by the Fire
Chief.
6.B.6 Coverage/ability when asked to respond and when requesting response from
Municipalities with no formal program or plan is at the discretion of the Fire
Chief .
6.B.7 Tbe Fire Department is not required to respond to requests by private companies;
nongovernment; or in~rrect assigned calls.
198~
7. MUTUAL AID RELATED EXPENSES (& OTHER EXPENSES)
7.1 If as a result of Fire and Emergency Services (i) response to an emergency
including a motor vehicle incident, (ii) under a Mutual or Automatic Aid agreement or
(iii) carrying out any of its duties or functions the Fire Chief or Deputy Fire Chief
determines that it is necessary to incur additional expenses, retain a private contractor,
rent special equipment not normally carried on a fire apparatus or use more materials than
are canied on a fire apparatus (the "Additional Service'') in order to suppress or
extinguish a fire, preserve property, prevent a fire from spreading, control and eliminate
an emergency, carry out or prevent damage to equipment owned by the Corporation or
otherwise cmy out the duties and functioDS of Fire and Emergency Services, the owner
of the property requiring or causing the need for the Additional Service shall be charged
the costs to provide the Additional Service including aU applicable taxes. Property shall
mean personal and real property. .
7.2 Cost reCovery under Automatic and Mutual Aid response agreement will be as per the
Province direction unless otherwise specified. To the extent reasonably possible
materials/supplies will be replaced or cost recovery excluding cost of manpower and
excluding something out of the ordinary. The cost recovery provision should be
incoIpOrated into Automatic and Mutual Aid agreements.
8. INTERFERENCE
8.1 No penon shall impede or interfere with or hinder the Fire Department in the
performance of its duties.
8.1 No person present at a fire shall refuse to leave the immediate vicinity when required to
do so by the Fire Department.
8.3 During a fire and for the time after it has been extinguished that is required to remove the
apparatus and equipment of the Fire Department and render the location and vicinity safe
from fire, no penon, either on foot or with a vehicle of any kind, shall enter or remain
upon or within;
. 8.3.1 The portion of any street or lane upon which the site of the fire abuts or upon any
street or lane for a distance offiftcen (15) metres on each side of the property
damaged by fire; or
8.3.1 Any additional street or lane or part of a street or lane or any additional limits in
the vicinity of the fire as may be prescribed by the Fire Chief or the next rimking
officer present at the fire.
8.4 The provisions of section 8.3 shall not apply to a resident of any street or lane or within
any prescribed additional limit or any person so authorized to enter or remain by an
officer of the Fire Department or by a police officer.
8.5 No penon shall prevent, obstruct or interfere in any manner whatsoever with the
communication of a fire alarm to the Fire Department or with the Fire Department
responding to a fire alarm that has been activated.
1109g07
9. OFFENCES
9.1 Every person who contravenes any provisions of the By-law is guilty of an offence and
on conviction is liable to the penalty established by the prevailing Provincial Offences
Act, as may be amended or any other prevailing By-law or legislation, as may be
amended or repla~ from time to time, inclusive of costs.
,
10. CONFLICI'
10.1 Where lh;is By-law may conflict with any other By-law of the Corporation, this
By-law shall supersede and prevail over that By-law to the extent of the
conflict.
11. SEVERABILITY
11.1 If any section or part of this By-law is found to be illegalqr beyond the power of the
Corporation, such section or part of item shall be deemed to be severable and' all other
sections or parts of this By-law shall be deemed to be separate and independent
therefrom and to be enacted as such.
12. This By-law comes into effect the day it is passed by Council.
13.. REPEAL
By-law Number #84-68 and #94-172 is hereby repealed.
READ a first and second time this
day of
,2007
READ a third time and finally passed this day of , 2007
Jim. Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1908
APPENDIX "A"
CORE SERVICES
1. FIRE SUPPRESSION AND EMERGENCY RESPONSE
1.1 . Fire suppression services shall be delivered in both an offensive and defensive
mode and shaII include search and rescue operations, forcible entry, ventilation,
protecting exposures, salvage 8Dd overhaul as appropriate.
1.2 Emergency pre-hospital care responses and medical acta such as defibrillation,
standard first aid, CPR, 8Dd the Emergency Medical Responder Program shall be
maintained to Base Hospital protocols as agreed.
1.3 Special rescue services shaD include performing extrication using hand tools, air
bags and heavy hydraulic tools as required. Full time firefighters will be trained in
basic rope rescue techniques as determined by the Fire Chief. Water/Ice rescue
services shaD be provided by those firefighters who are competently. trained to
perform the requested level of service as determined by the Fire Chief (up to level
ill if 80 trained). .
1.4 Confined space rescue, HUSAR and other highly specialized rescue services shall
not be provided by Clarington Emergency & Fire Services (CEFS) beyond the
basic awareness level. Clarington Emergency & Fire Services does not provide.
Trench Rescue.
1.5 Defensive hazardous material emergency response shall be conducted to the
operations level by the fulltime firefighters, and awareness level by the part-time
firefighters. In addition to operations level respoD8C, the capability for re8Cu~ and
emergency decontamination shall be maintained where resources permit.
1.6 The Ontario Firefighters Cuniculuin, International Fire Service Training
Association "Essentials of Fire Fighting", Ontario Fire Service Standards and other
related industry training standards and reference materials may be used as reference
guides for CEFS training as approved by the Fire Chief. All training will comply .
with the Occupational Health and Safety Act and any other applicable provincial
legislation.
2. FIRE PREVENTION
2.1 Inspections arising from complaint, request, retrofit, or self initiated and fire
investigations shall be provided in accordance with the FPP A and policies of the
fire prevention division.
2.2 New consbuction inspections and plan reviews of buildings under COnstruction in
matters respective of fire protection systems within buildings shall be conducted in
accordance with the applicable By-law 8Dd operating procedures.
2.3 The Ontario Fire Service Standard for Fire Prevention Officers shall be used as a
reference guide for fire prevention training.
111 h09
3. FIRE SAFETY EDUCATION
3.1 Distribution of fire and life safety infonnation and public education programs shalI
be administered in accordance with the FPP A and policies of the departments Fire
Prevention & Public Safety Division.
3.2 A residential Smoke Alann awareness program shall be ongoing.
3.3 The department shall maintain at least one public fire and life safety educator
certified to the Ontario Fire Service Standard.
4. EMERGENCY DISPATCHING AND COMMUNICATIONS
4.1 The Ontario Fire Service Communications Standard shall be used as a reference
guide for emergency dispatching and communications and shall provide the
following minimum services;
4.1.1 Provide emergency call taking and dispatching of emergency vehicles.
4.1.2 Provide after hour's emergency and non-emergency call taking for Operations, By-
law Services, and other agencies as required.
19'6
ru .I,tU.,.l'1lVltN 1 (1.1.
AUEHDED,AY _ ,1 ~
BY-LAW.:1:L.......
THE CORPORATION OF THE TOWN OF NEWCASllE
BY-lAW 84- 68
r.:.~r:~~;:~Er.~. ~ -..
being a by-law to Provide for the establ1s
and regulation of a Fire Departllent for the
TCMI of NeWcastle
,': ;:, ! . ; C. I
r I ;;G>[ r~ &
n L. u FIRt': ,',-,.. "~.'
Jl;: ~: :.,;)
WHEREAS the Municipal Act provides that the Council may by by-law. establish
and regulate a fire department;
THEREFORE. THE COUNCIL. OF THE CORPORATION OF THE TOIIf OF NEl<<:ASnE HEREBY
ENACTS AS FOLLOWS:
DEFINITIONS:
1. In this by-law. unless the context otherwise requires;
C a) "Councilll means the Corporation' of the Town of Newcastle;
Cb) "Department II means the Town of Newcastle Fi re Departmer:Jt;
Cc) IIFire ProtectionN means prevention. rescue and suppression
services;
Cd) NPersonnel" includes a11 part-time and ful1 time personnel of the
Town of Newcastle Fire Department.
2. A department for the Town of Newcastle to be known as the Town of
Newcastle fire Department is hereby established and the head of the
Department shall be known as the Chief of the Department.
3. In addition to the Chief of the Department. the Department personnel
shall consist of other officers and firefighting personnel as may be
deemed necessary by Council.
4. Ca) The Chief of the Department may recommend to the.Council the
appointment of any qualified person to the Department.
(b) Where a person is qualified to be appointed a full time employee.
of the Dep~rtment for fire fighting and prevention duti~s. such
appointment shall be subject to all of the terms and conditions
of employment established for such position by the Town of Newcastle.
5. The remuneration of all personnel of the Department shall be as
determined by the Council within the terms of the Fire Department Act.
6. The Chief of the Department is responsible to the Council for the proper
administration and operation of the Department. for the discipline of
its members and;
(a) may make such general orders and departmental rules as may be
necessary for the care and protection of the Department and
generally for the efficient operation of the Department. provided
that such general orders and rules do not conflict with the
provisions of any bY-laws of the Municipality;
(b) shall review periodically the poliCies and procedures of the
Department and may establish an Advisory Committee consisting of
such officers as may be determined from time to time to assist
the Chief in these duties;
. _~I). :'::1:.::.~.~..~...:..f.~..:u~...""",,,,,,,,,,,,
1113
911
By-law 84- "
- 2 -
(c) shall take all proper measures for the prevention, control and
extinguishing of fires, and for the protection of life and
property, and shall enforce all municipal by-laws respecting fire
prevention, and exercise the powers and duties imposed on the Chief
by the Fire Marshals Act:
(d) shall be responsible for the enforcement of this by-law and the
general orders and departmental rules; .
(e) shall report all fires to the Fire Marshal as required by the Fire
Marshals Act:
(f) shall submit to the Council for its approval, the annual estimates
of the Department:
(g) where the Chief of theDepartment deSignates . another per~on to
act in place of an officer in the Department, such person when
so acting. shall have all the powers and shall perform all the
duties of the officer replaced.
7. (a) The Department is composed of the following divisions:
. AdministrationD1vlsion;
Fire Fighting Division:
Fire. Prevention Division;
Training Division.
8. The Chief shall be responsible for carrying out. or co-ordinatlng the
following duties of the Divisions:
(a) Provision of Administrative Facilities;
(b) Preparation. of and control of the departmental budget;
(c) Preparation of the Departmental payrOll. Initiate requisitions. for
materials and services and approve of all departmental expenditures;
(d). Maintenance of. personnel records:
(e) Advise Council on new bUilding requirements as. necessary:
(f) Arrange for the provision of medical services that may be required
fr'Olll time to time;
(g) Preparation of the annual report to Council on Departmental activities;
(h) Carrying out of the general admlnlstratl ve duties of the Department:-
(I). Provision of liaison with the local Fire Fighters' ASsociation:
(J) ProviSion of liaison with the Regional Fire Co-ordinator;
(k) ASsist the Durham Region Fire Co-ordinator in the preparation of an
emergency fire service index and operating procedures.
(1) Preparation of specifications for the purChase of new apparatus and
equipment:
(m) Maintenance and repair of all existing buildings, fire fighting and
rescue and salvage apparatus of the Department; .
(n) Modification of fire apparatus and eqUipment as may be required from
time to time: .
t311124
By-law 84- "
- 3 -
(0) Provision of liaison with the Regional Departments to ensure an
adequate flow of water in new waterworks projects and the adequate
maintenance of existing waterworks facilities for the use of the
Department;
(p) Issuing of clothing. equipment and cleaning supplies;
(q) Preparation of specifications for new communication systems and for
additions to existing communication systems;
(r) Maintenance of the communication systems of the Department;
(s) (1) Prevention. control and extinguishing of fires;
(i1) Conduct of in-service fire prevention inspections for all
classes of occupancies;
(111) Conduct investigations to determine cause and origin of
. fires and. where appropriate. to request the Office of
the Fire Marshal to conduct an investigation;
(tv) Perform rescue and salvage operations and render first aid
to victims as may be required from time to time;
(v) Conduct pre-fire fighting operations. planning;
(t) (1) Conduct fire prevention inspections of premises;
(11) Enforcement of fire prevention by-laws;
(11i) Examination of building plans;
(tv) Provision of instructors for fire prevention lectures;
(v) Maintenance of fire loss records;
(v1) Receiving. processing and preparation of follow-up reports
of fire prevention inspections;
(vii) Promotion of fire prevention activities and programs
throughout the municipality;
(u) (1) Conducting training courses for all personnel of the
Department with respect to fire administration. fire
prevention. and fire suppression;
(If ) Administration of training programs In all fire stations;
(111) To regularly test the proficiency of all fire fighting
personnel;
9. (a) All recommendations for promotion of fire fighting personnel shall
be based upon an evaluation of the following elements:
(I) the results of examinations taken by the fire fighter;
(Ii) the age and physical fitness of the fire fighter;
(Iii) the fire and station record of the fire fighter;
(b) The Chief of the Department. or his deSignate. shall evaluate all
the personnel of the Department participating in an examination
for promotion;
(c) Every applicant for promotion shall take such written. oral and
practical examinations as may be required by the Chief of the
Department.
111~13
By-law 84- "
- 4 -
tl
10. (a) All Departmental personnel appointed for fire fighting duties
shall be subject to a medical examination annually. and at such
other times as the Chief of the Department may require.
(b) If a board of medical examiners finds that a fire fighter is
physically incapable of performing his assigned departmental duties
and that such condition is attributable to and a result of his
employment. in the Department. the Council may assign the person to
other employment. retire the person or terminate his employment.
And in that event. provide such allowances as may be consistent
with Town Policy.
11. (a) All Department personnel shall report for duty at the time
prescribed by the departmental rules and shall remain on duty
until removed or re-assigned.
(b) Where a fire fighter fails to report for duty. the officer in
charge shall file a report through their superior officer. to the
Chief of the Department.
(c) Fi re Department Personne 1 ~
(1) while in unifonn. shall not enter any premises where.
alcoholic beverages are sold or consumed. except in the
perfonnance of their departmental duties;
(ii) shall not be pennitted to remain on duty if their ability
is impaired by the use of an intoxicating beverage or drug;
(iii) while on duty. shall not consume any intoxicating beverage
or drug.
(d) Department personnel shall not solicit the influence. or support
of anyone in order to secure a transfer, promotion or other advantage.
12. (a) The Chief of the Department may reprimand. .suspend or recOlllllend
dismissal of any department personnel for insubQrdination. inefficiency.
misconduct. tardiness or for non-compliance with any of the provisions.
of this by-law or general orders and departmental rules that. in the
opinion of the Chief. would be detrimental to the discipline and
efficiency of the Department.
(b) Where Departmental personnel have been suspended or dismissed.
the Chief of the Department shall report the suspension or dismissal
to the Chief Administrator's Office.
(c) Department personnel shalf not be dismissed without the benefit of
a hearing. And such hearing shall be undertaken by the Chief
Administrative Officer and Fire Chief. provided a written request
for such hearing is received within seven days following the mailing
or service of the dismissal notice.
13. The Department shall not respond to a call outside the limits of the
municipality with respect toa fire or emergency except:
(a) that in the opinion of the Chief of the Department. threatens
property in the muniCipality or property situated outside the
municipality that is owned or occupied by the municipality;
(b) in a municipality where an agreement has been entered into for
the provision of fire~rotection;
(c) on property where an agreement has been entered into with any
person Qr corporation for the provision of fire protection
services.
l'
1~1ij
BY-law 84-68
- 5 -
14. The following by-laws of the Town of Newcastle's predecessor
municipalities shall be and are hereby repealed:
1. By-law No. 152B of the former Township of Clarke;
2. By-law No. 71-21 of the former Village of Newcastle;
3. By-law No. 71-22 of the former Vlllageof Newcastlei
4. BY-law No. 1999 of the former Town of Bowmanvillei
5. All bY-laws of the Town of Newcastle and its predecessor
municipalities that are not consistent with this by-law.
15. This by-law shall come into force and take effect on the day of enactment
by Council.
By-law read a first and second time this 14th
day of May
1984
BY;law read a third time and finally passed this 14th day of May 1984
Clerk
1117
915
THE CORPORATION OF THE TOWN OF NEWCASTLE
t.. _~.
AITACHMENT~.
REPORT
OCTOBER 17, 1994
PO-1-94 File II: 10.12.6
Subject; BY-LAW 8.-68 AS 11' PERDIMS m RBSCUB
GENERAL PURPOSE ANO ADMINISTRATION COMMITTEE File II
Res. II
By-law II
Recommendallons:
.
It is respectfully .recommended that the General Purpose and
Administration Committee recommend to Council the following.
1.)
2. )
That report PO-1-94 be received;
1'hat the Pire Department commence training to provide the
necessary level of rescue to the municipality;
That the Pire Department purchase all the necessary
equipment to perform rescue at the required levels, to a
maximum of $15,000.00;
That due to the needs of the municipality, training and
purchase of necessary equipmen~ commence forthwith; and
That the town solicitor be directed to revise the Pire
Department's establishing by-law number 84-68, .(see
Appendix 1 attached), to address cl~arly the level of
rescue the department will Provide to the municipality.
. 3..)
4 ~)
5. )
~GRorll1Q
1.1 Recently, a lot of attention has besn given to rescue
procedures carried out by. local fire departments. A case in
POint is the Port Colborne incidsnt, where a firefighter lost
his life perfozming water based rescue, in an attsapt to save
the life of a resident. As a result of the court proceedings
it was recognized that One of ths causes in the incident was
the insufficient sQUiplll8nt and training of the firefightsrs to
perform such rescue operations.
Continued. . . . .
.1
,
..CtCLI.1;t;\ .......
...,.. ~ ..C~.
....-..--
~1~8
- 2 -
. ,order to safely direct and properly train fire department
r;p.rsonnel, staff asked Council for clarification of -rescue-
..,:,':'as it appears in the fire depar.tment' s establishing by-law
;<.,< number 84-68.
,,:1'
I,~ ."'-
At the Council meeting of December 13, 1993 staff was directed
to .contact other regional municipalities to see what level of
rescue they provide. Staff surveyed the Aju, Oshawa,
Pickering and Whitby Fire Departments. All departments have
taken part in a Water/Ice Rescue Course, offered by the
Ontario Fire Harshal, which trains firefighters for Shore
Based Water/Ice Rescue (Levell). . All departments are
presently performing Level 1 rescue.
Whitby and Pickering are equipped for Level 1 Ice/Water Rescue
and the other departments will acquire. the proper equipment in
1994. .
Ajax Fire Department will .go to Boat Rescue (Level 11) and
Water Entry Based Rescue (Level Ill) as funds are available.
The other departments are not considering Level 11 and Level
III at the present time.
As a result of the Port Colborne Fire Department inCident, the
Office of the Fire Harshal (OFM) formed a special coDllllJ.ttee to
develop a' Shore Based Water 1& Ice Rescue Training Program for
the Ontario Fire Service. The committee included
representatives fram throughout the Fire Service, as well as
frolD the Ontario Provincial Police, Hini8try of Labour,
Canadian Coast Guard' and the Municipal. Health and Safety
program. The objective. of this committee was to implement a
water and ice rescue program for municipal fire departme~ts.
This program has now been implemented and i8 provided without
C08t to the municipality. The' Office of the Fire MAr8hal is
also. reviewing the need for high angle and confined space
training. . It is anticipated that .this type of training will,
a180 be offered in the future. . .
1.4 . Off shore rescue on Lake Ontario is provided by COMRA (City of
Oshawa Marine Rescue Association) as well a8 by the Coast
Guard, which is based in Trenton. These organizations do not
get involved with the inland waterways such as ponds, rivers,
streams, etc. that lie within the juriSdiction of the
muniCipalities. At the present time rescue service for inland
waterway~ is provided by municipal fire departments as there
is no other agency to provide this service wit~in the ~arious
municipal boundaries.
Continued.....
111~17
- 3 -
~. . -
. )';~ther concern, where clarification is' required, .is high:
Jangle rescue and confined space rescue. This type of rescue
"f- ;~would be the. result of one of our farm people trapped in a
,,;J,'; silo or other confined space, requiring the rescuer to be
<J'~ lDwered to an area that cannot be reached by normal methods.
.. This type of rescue could also involve lowering a casualty
from a roof or other area above grade. . Our municipality also
has the bluffs along the lakeshore where we should be' capable
of assisting a resident should they require help.
The other fire departments surveyed are not, at present,
performing High Angle Rescue.
Pickering and Whitby lire Departments are in the process of.
purchasing equipment and developing training for confined
space rescue. Ajax lire Department has purchased equipment
and presently perfoxma confined space rescue. Oshawa Pire
Department does some confined space rescue but uses only their
. existing equipment. .
1.6 Staff has carried out rescue as directed by Council through
the establishing by-law 84-68 and we have only been called
once in.the past 7 years to assist at a mill pond.
The Ontario Fire Marshal's Office, in its Comprehensive Pire
Safety Effectiveness Model defines "fire protection services"
as a range of programs and services designed to protect the
inhabitants of the fire department's response area fram the
adverse effects of fire, sudden medical emergencies or
exposure to dangerous conditions created by man or nature and
in~ludes prevention, rescue and suppression services.
1.7 In staff's experience, the fire department is the agency who
will be contacted to deal with most emergency situations,
including any type of rescue.
It is our desire to take a proactive approach in these matters
and therefore it is essential that the establishing by-law
clearly define the level of rescue to be provided to protect
the municipality, its elected officials and staff and most
importantly, its residents. Staff has recognized that
legislation contained in the Occupational Health and Safety
Act dictates that the employer adequately train and provide
the equipment necessary to protect the lives of our employees.
The employer has to provide a reasonably safe and healthful
workplace which cannot be done without providing adequate
training and equipment.
Continued. . . . .
, I
,.,. ,
!
'I
: ;
11i1CS
4
.;,'~he fire department already has some rescue equipme~t on hand~
It would need to purchase equipment to perform high angle or
confined' space rescue. We anticipate that the cost for
training and equipment requirements could be handled from the
existing budget 'and monies from the Fire Department Equipment
Reserve.
2. RECOMMBRDA~IOBSI
2.1 It is respectfully recommended that. the General Purpose and
Administration COmmittee,recommend to Council that By-law Bo.
84-68 be amended to expand rescue responsibilities to include
Level II Ice/Water rescue, exclusive of Lake Ontario.
2.2 That future training be established for,Confined Space and
High Angle Rescue. This is required in order to allow for
rescue in such are~s as silos, which are plentiful in the vast
agricultural area within our municipality, as well as the
lakeshore bluffs. Future development of high rise apartments
may also create a need for. this type of training.. Further
amendments to the Fire Department By-law may be required once
the department is prepared to assume these respon~ibilities.
2.3 That the basic equipment required for these types of rescue
and the appropriate training be provided as soon as possible
to insure that the department is ready for any emergencies and
is in compliance with Occupational Health and Safety
requirements.
2.4 Committee provide the authority, in accordance with the
Purchasing By-law, to purchase a proper vess~l. for inland
water rescue.
, "
2.5 That the amount for. the basic rescue equipment required, come
from the department's equipment reserve account 2.900-00014-x,
which is designed for the purchase of such equipment.
Continued. . . .
1 1 2..1 ..
"'1:t 1 9
THE CORPORATION OF THE MUNICIPALITY OF CIAJUNG
- -- .... ......,..........&.LJ.I.. A "..,.
n ,":CI:IV;;;'O
BY-LAW NO. 94-172
.i\.I::: 'i '7 tDtS
fME.i!;a;Cv & FIRE SERVice
beln. a by-Ia" to amend By-law
No. 84-61 respecUIII the dutlu
or the Municipality ..r ClarlnatGn's
Fire Department
WHEREAS Council considers it to be expedient to extend the duties of the Municipality of
Clarington's Fire Department to include certain land based water rescue and water rescue.
NOW THEREFORE BE IT ENACfED BY TIlE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF CL\lUNGTON AS FOLLOWS:
1. Section 8 of By-Jaw No. 84-68 beins a by-law to provide for the establishment and
regulation of a Fire Deparbnent for the Municipality of Clarin,ton is amended by:
(0) rcnumberin, Section 8(u) as Section 8(v):
(b) deletinlfrom renumbered Section 8(v)(i) the word -and" u it appean after
the words -rue prevention-, and addinl the worda "land based water rescue
and water rescue- after the words -fire suppression- in renumbered Section
8(v)(i); and
(c) addiol a new Section 8(u) u. fo))aws:
(u) undertake the foUowin,:
(i) land based water rescue in the Municipality of a person where
the rescuer is tied or secured to the shore or bant of the creek,
river, pond or manh io quCsuon, and
(ii) water rescue in the MunkipaUty of a person io where the
rescuer effects or attempts to effect a rescue on a creek, river,
pond or marsh usia, a boat or vessel. . .
provided that neither a land based water rescue or a water rescue shall
be attempted by the Chief or a member of a Division on any part of
Lake Ontario includinl a part which" includes a portion of the mouth
of a creek or river draininl ioto Late Ontario located io Lake Ontario
beyond the projection of the hi,h water line of Lake Ontario at the
time at whkb the particular land based water rescue or water rescue
takes place.
2. This By-law shall come ioto force and take effect on the clay on which it is enacted
by Council.
BY-lAW read a rint and second time this ~ day of October, 1994.
BY.IAW read a third time and finally passed this ~ day of October, 1994.
.
R#4#~~~./
~Mayor.
'" .~A"("f/
erk 19~R
" I I "1..t1Ml:N I He. I U 1<l:t'UI< I l:::IO-Wa-lU
"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2007-134
Being a By-law to Govern the Emergency and Fire Services, to Authorize
the Provision of Mutual Aid and Automatic Response and to Repeal
By-law 84-68 and By-law 94-172
WHEREAS the purpose is to repeal the by-law establishing the Emergency and Fire
Services Department for the purpose of updating the reference terminology and to rescind By-
laws #84-68 (establishing By-law), and 94-172 (amendment to #84-68).
WHEREAS the Fire Protection and Prevention Act, (FPP A) 1997, S.O. 1997, c. 4, as
amended, requires every municipality to establish a program in the municipality which must
include public education with respect to fire safety and certain components of fire prevention and
to provide such other Fire Protection Services as it determines may be necessary in accordance
with its needs and circumstances; and
WHEREAS the FPP A permits a municipality, in discharging these responsibilities, to
establish a Fire Department; and
WHEREAS the FPP A permits a Council of a municipality to establish, maintain and
operate a Fire Department for all or any part of the municipality; and
WHEREAS the FPP A requires a Fire Department.to provide tire suppression services
and permits the Fire Department to provide other Fire Protection Services in the municipality.
NOW THEREFORE the Council of the Corporation of the Municipality ofClarington
enacts as follows:
1. DEF1NITlONS
In this by-law, unless the context otherwise requires;
1.1 "Approved" means approved by the Council;
1.2 "Automatic Aid" means a municipality agrees to ensure the provision of an initial or
supplemental response to fires, rescues, and emergencies that may occur in a part of
another municipality where a fire department in the municipality is capable of
responding more quickly than any tire department situated in the other municipality;
1.3 "CAO" means the Chief Administrative Officer appOinted by Council to act as Chief
Administrative Officer for the Corporation;
1.4 "Confined Space" means a fully or partially enclosed space in accordance with Health
and Safety regulations;
1.5 "Corporation" means The Corporation of the Municipality of Clarington;
1.6 "Council" means the Council of the Municipality o( Clarington;
1.7 "Chief' means the person appointed by the Council to act as Fire Chieffor the
Corporation and it ultimately responsible to Council as defined in the FPP A;
1123
1.8 "Deputy Fire Chief{s)" mcans the pcrson(s) appointed by the Council and who many act
on behalf of the Fire Chief in the case of any abBCllCC of the Fire Chief or a vacancy in
the office of the Fire Chief: (If the title changes the respoDBlbility will reside with the
person taking on the duties);
1.9 "Division" mcans a Division of the Municipality of Clarington Fire Deparbnent;
1.10 ''Fire Department" means the Municipality of CIarington Emergency & Fire Services;
1.11 "Emergency" defined to include an unforeseen event that involves imminent danger to
the life, health and safety of any person and includes medical assistance or non-fire
emergency such as a stonn, flood or another Act of God;
1.12 "Emergency Response Plan' mean an emergency plan formulated under the Emergency
Management and Civil Protection Act which specifies procedures to be taken for the
safety or evacuation of persons in an emergency area, provide for obtaining and
distributing materials, equipment and supplies during an emergency and provide for
such other matters as arc considered necessary or advisable for the implementation of
the emergency plan during an emergency;
1.13 ''FPP An mcans the Fire Protection and Prevention Act, 1997, S.O., c 4, as may be
amended from time to time, or any successor legislation, and any regulation made
thereunder;
1.14 ''Fire Protection Services" includes fire suppression, fire prevention, fire safety
education, communications, training ofpcnons involved in the provision of Fire
Protection Services, rescue and emergency services and the delivery of all those
services;
1.15 ''High Angle" means an environment in which the load is predominately supported by a
rope rescue system;
1.16 "HUSAR" means Heavy Urban Search And Rescue;
1.17 "Member" mcani any person employed in or appointed to the Fire Deparbnent and
assigned to undertake Fire Protection Services;
1.18 "Mutual Aid" means where the Council of the Municipality baa made an agreement or
plan with another municipality or Region; or at the discretion of the Chief as provided
for herein, for the provision of any personnel, service, equipment or material during an
emergency;
1.19 "Tiered Response" means the process of dispatching police, fire and ambulance to what
is determined to be a life threatening situation. Tiered response endeavol1 to send the
closest appropriate emergency response agency, based on time, to render assistance at
the scene of an emergency incident until the primary response agency can arrive.
1124
2. ESTABLISHMENT
2.1 The Fire Department was established by By-law #84-68 and By-IaW# 94-172 which is
repealed herein for the purpose of updating references to reflect current tenninology and
practice. Despite repeal of By-laws, the Emergency and Fire Services Department will
continue with services and organization as has been and as may be amended and
approved by Council from time to time.
2.2 The Fire Department is continued under this By-law to provide Fire Protection Services
and any other service as approved by Council for the Corporation and shall be known as
the Clarington Emergency &: Fire Services.
3. CORE SERvICES
3.1 For the purposes of this By-law core services provided by the Fire Department will be as
per Appendix "A" forming part of this By-law.
3.2 Nothing in the By-law will restrict the Fire Department to providing only core services or
limit the provisions of Fire Protection services, as set out/covered under appointing by-
law, as approved by Council.
4. PROPERTY/APPARATUS USE
4.1 No person shall supply any apparatus, equipment, or other property of the Fire
Department for any personal or private use.
4.2 No person shall willfully damage or render ineffective or inoperative any apparatus,
equipment or other property belonging to or used by the Fire Department.
5. FIRE SUPPRESSION
5.1 The Fire Department may suppress any tire or other hazardous condition by
extinguishing it or by other reasonable action and. for this purpose, may enter private
property, ifnCCC8sary, to do so.
5.2 The Fire Department may pull down or demolish any building or structure, with the
assistance of the municipal or other equipment and services available; when considered
nCCC8sary to prevent the spread of tire.
6. MUTUAL AND AUTOMATIC AID RESPONSE FROM OUTSIDE TIlE LIMITS OF
THE MUNICIPALITY (AutoMatic aud Mutual Aid Agreements)
A) Aid to the MunlclpaUty of Clarlngton (requested by the MunicipalIty)
The fire Department may request other municipalities to provide mutual aid and other
qualified persons present at a tire to assist in;
6.A.l Extinguishing fires;
1125
6.A.2 Pulling down or demolishing buildings or structures to prevent the spread of fire;
6.A.3 Crowd and traffic control; or
6.A.4 Suppression of fires or other hazardous conditions in other reasonable
ways.
B) By the MunlclpaUty to Othen (responH outside the UmltJ)
The Fire Department shall respond to a call with respect to a tire or emergency outside
the tcrritoriallimits of the Corporation with respect to a tire or emergency including non-
fire emergencies under the following conditions;
6.B.l In the opinion of the Fire Chief or designate of the Fire Department, conditions
threaten property outside the tcrritoriallimits of the Corporation that is owned or
occupied by the Corporation;
. 6.B.2 In a municipality with which an appJ'Qved automatic aid or mutual aid agreement
has been entered into to provide Fire Protection Service or other emergency
assistance, including Oshawa By-law 2001-172 and Port Hope By-law 2002-13
as established.
6.B.3 On property with which a Council approved agreement has been entered into with
any person or corporation to provide Fire Protection Services or other emergency
assistance;
6.B.4 At the discretion of the Fire Chie( to a municipality authorized to participate in
any regional or Municipal mutual aid plan established by a fire co-ordinator
appointed by the Fire Marshall or any similar reciprocal plan or program, or as
determined necessary by the Fire Chie( and
6.B.5 As directed by the Province under Emergency Management and Civil Protection
Act or any other prevailing government directive, or as determined by the Fire
Chief.
6.B.6 Coverage/ability when asked to respond and when requesting response from
Municipalities with no fonnal program or plan is at the discretion of the Fire
Chief
6.B.7 The Fire Department is not required to respond to requests by private companies;
non government; or incorrect assigned calls.
6.B.8 On property beyond the territorial limits of the Corporation where the Fire Chief
or designate determines immediate action is necessary to preserve life or property
and the appropriate tire department is notified to respond and assume command or
establish alternative measures, acceptable to the Fire Chief or designate, provided
it does not compromise our own Municipality level of service or commitments
with the right to withdraw at any time to service home Municipality's needs; ~
6.B.9 Osbawa and Port HOpe or any other existing response agreements will continue to
operate on Automatic and Mutual Aid response with replacement cost based on
Council's approval of this By-law. Agreements maybe amended and approved
by Council.
1126
7. MUTUAL AID RELATED EXPENSES (& OTHER EXPENSES)
7.1 If u a result of Fire and Emergency Services (i) response to an emergency
including a motor vehicle incident, (ii) under a Mutual or Automatic Aid agreement or
(Hi) carrying out any of its duties or functions the Fire Chief or Deputy Fire Chief
determines that it is necessary to incur additional expenses, retain a private contractor,
rent special equipment not nOrmally carried on a tire apparatus or use more materials than
are carried on a tire apparatus (the "Additional Service'') in order to suppress or
extinguish a tire, preserve property, prevent a tire from spreading. control and eliminate
an emergency, carry out or prevent damage to equipment owned by the Corporation or
otherwise carry out the duties and functions of Fire and Emergency Services, the owner
of the property reqUiring or causing the need for the Additional Service shall be charged
the costs to provide the Additional SClVice including all applicable taxes. Property shall
mean personal and real property.
7.2 Cost recovery under Automatic and Mutual Aid response agreement will be u per the
Province direction unless otherwise specified. To the extent reasonably possible
materials/supplies will be replaced or cost recovery excluding cost of manpower and
excluding lometliing out of the ordinary. The cost recovery provision should be
incorporated into Automatic and Mutual Aid agreements.
8. INTERFERENCE
8.1 No person shall impede or interfere with or hinder the Fire Department in the
perfonnance of its duties.
8.2 No person present at a tire shall refuse to leave the immediate vicinity when required to
do so by the Fire Department.
8.3 During a tire and for the time after it hu been extinguished that is required to remove the
appuatus and equipment of the Fire Department and render the location and vicinity safe
from tire, no person, either on foot or with a vehicle of any kind, shall enter or remain
upon or within;
8.3.1 The portion of any street or lane upon which the site of the fire abuts or upon any
street or lane for a distance offiftcen (IS) metres on each side of the property
damaged by fire; or
8.3.2 . Any additional street or lane or part of a street or lane or any additional limits in
the vicinity of the tire u may be prescribed by the Fire Chief or the next ~
officer present at the tire..
8.4 The provisions of section 8.3 shall not apply to a resident of any meet or lane or within
any prescribed additional limit or any person 80 authorized to enter or remain by an
officer of the Fire Department or by a police officer.
8.5 No person shall prevent, obstruct or interfere in any manner whatsoever with the
communication of a fire alarm to the Fire Department or with the Fire Department
responding to a tire alarm that hu been activated.
1127
9. OFFENCES
9.1 Every person who contravenes any provisions of the By-law is guilty of an offence and
on conviction is liable to the penalty established by the prevailing Provincial Offences
Act, as may be amended or any other prevailing By-law or legislation, as may be
amended or replaced from time to time, inclusive of costs.
10. CONFLICT
10.1 Where this By-law may conflict with any other By-law of the Corporation, this
By-law shaH supersede and prevail over that By-law to the extent of the
conflict.
11. SEVERABILITY
11.1 If any section or part of this By-law is found to be i\1egal or beyond the power of the
Corporation, such section or part of item shall be deemed to be severable and all other
sections or parts of this By-law shall be deemed to be separate and independent
therefrom and to be enacted as suclL
12. This By~law comes inio effect the day it is passed by Council.
13. REPEAL
By-law Number #84-68 and #94-172 is hereby repealed.
READ a first and second time this 11 th day of June, 2007
READ a third time and finally passed this 11th day of June, 2007
1128
APPENDIX" A"
CORE SERVICES
t. FIRE SUPPRESSION AND EMERGENCY RESPONSE
1.1 Fire suppression services shall be delivered in both an offensive and' defensive
mode and shall include search and rescue operations, forcible entry, ventilation.
protecting exposures, salvage and overhaul as appropriate.
1.2 Emergency pre-hospital care responses and medical acts such as defibrillation,
standard first aid, CPR. and the Emergency Medical Responder Program shall be
maintained to Base Hospital protocols as agreed.
1.3 Special rescue. services. shall include perfonning extrication using hand tools, air
bags and heary' hydraulic tools as required. Full time firefighters will be trained in
basic rope rescue techniques as detcnnined by the Fire Chief. Water/Ice rescue
services shall be provided by those firefighters who arc competently trained to
perform the requested level of service as determined by the Fire Chief (up to level
III if so trained).
1.4 Confined space rescue, HUSAR and other highly specialized rescue services shall
not be provided by Clarington Emergency &: Fire Services (CEFS) beyond the
basic awareness level. Clarington Emergency &: Fire Services does not provide
Trench Rescue.
1.5 Defensive hazardous material emergency response shall be conducted to the
operations level by the fulltimo firefighters, and awareness level by the part-time
fU'Cfighters. In addition to operations level response, the capability for rescue and
emergency decontamination shall be maintained where resources pennit.
1.6 The Ontario Firefighters Curriculum, International Fire Service Training
Association "Essentials of Fire Fighting", Ontario Fire Service Standards and other
related industry training standards and reference materials may be used as reference
guides for CEFS training as approved by the Fire Chief. All training will comply
with the Occupational Health and Safety Act and any other applicable provincial
legislation.
2. FIRE PREVENTION
2.1 Inspections arising from complaint, request, retrofit, or. self initiated and fire
investigations shall be provided in accordance with the FPP A and policies of the
fire prevention division.
2.2 New construction inspections and plan reviews of buildings under construction in
matters respective of fire protection systems within buildings shall be conducted in
accordance with the applicable By-law and operating procedures.
2.3 The Ontario Fire Service Standard for Fire Prevention Officers shall be used as a
reference guide for tire prevention training.
1129
~
..
3. FIRE SAFETY EDUCATION
3.1 Distribution of fire and life safety information and public education programs shall
be administered in accordance with the FPP A and policies of the departments Fire
Prevention & Public Safety Division.
3.2 A residential Smoke Alarm awareness program shall be ongoing.
3.3 The department shall maintain at least one public fire and life safety educator
certified to the Ontario Fire Service Standard.
4. EMERGENCY DISPATCHING AND COMMUNICATIONS
4.1 The Ontario Fire Service Communications Standard shall be used as a reference
guide for emergency dispatching and communications and shall provide the
following minimum services;
4.1.1 Provide emergency call taking and dispatching of emergency vehicles.
4.1.2 Provide after hour's emergency and non-emergency call taking for Operations. By-
law Services, and other agencies as required.
,
1130
ATTACHMENT #3 TO REPORT ESD-OOS-IO
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2010-XX
Being a By-law to update the By-law Governing the Emergency and Fire Services, and the
Provision of Mutual Aid and Automatic Response, and to Repeal By-law 2007-134 (Governing
By-Law) and 8d-9 (Regional Mutual Aid By-law).
WHEREAS the purpose is to repeal the existing Governing By-law and update the Provision of
Mutual Aid and Automatic Response, and to Repeal By-law 2007-134 (Governing By-Law) and
80-9 (Regional Mutual Aid By-law);
WHEREAS the Fire Protection and Prevention Act, (FPPA) 1997, S.O. 1997, c. 4, as amended,
requires every mUnicipality to establish a program in the municipality which must include public
education with respect to fIre safety and certain components of fIre prevention and to provide
such other Fire Protection Services as it determines may be necessary in accordance with its
needs and circumstances;
WHEREAS the FPP A pennits a municipality, in discharging these responsibilities, to establish a
Fire Department;
WHEREAS the FPP A pennits a Council of a municipality to establish. maintain and operate a
Fire Department for all or any part of the municipality; and
WHEREAS the FPP A requires a Fire Department to provide fIre suppression services and
permits the Fire Department to provide Prevention and other Fire Protection Services in the
municipality;
NOW THEREFORE the Council of the Corporation of the Municipality ofClarington enacts as.
follows:
PART 1
DEFINITIONS
In this by-law, unless the context otherwise requires;
1.1 "Approved" means approved by the Council;
1.2 "Automatic Aid" means a municipality agrees where possible the provision of an initial
or supplemental response to tires, rescues, and emergencies that may occur in a part of
another municipality where a fire department in the municipality is capable of responding
more quickly than any fIre department situated in the other municipality with services
invoiced as or if appropriate;
1.3 "CAO" means the Chief Administrative Officer appointed by Council to act as Chief
Administrative Officer for the Corporation;
1.4 "Confined Space" means a fully or partially enclosed spaCe in accordance with Health
and Safety regulations;
1.5 "Corporation" means The Corporation of the Municipality ofClarington;
1.6 "Council" means the Council of the Municipality of Clarington;
1.7 "Chief' means the person appointed by the Council or designate to act as Fire Chief for
the Corporation and is ultimately responsible to Council as defined in the FPP A;
- 1 -
1131
1.8 "Deputy Fire Chief(s)" means the person(s) with that title who may act on behalf of the
Fire Chief in the case of any absence of the Fire Chief or a vacancy in the office of the
Fire Chief. (If the title changes the responsibility will reside with the person taking on the
duties);
1.9 "Division" means a Division of the Municipality of Clarington Fire Department;
1.10 "Fire Department" means the Municipality of Clarington Emergency & Fire Services;
1.11 "Firefighter" means a fire chief and any other person employed in, or appointed to, a fire
department and assigned to undertake fire protection services, and includes a volunteer
firefighter.
1.12 "Emergency" defined to include an unforeseen event that involves imminent danger to
the life, health and safety of any person and includes medical assistance or non-fire
emergency such as a storm, flood or another Act of God;
1.13 "Emergency Response Plan' means an emergency plan formulated under the prevailing
Emergency Management and Civil Protection Act or any other related Act which
specifies procedures to be taken for the safety or evacuation of persons in an emergency
area, provide for obtaining and distributing materials, equipment and supplies during an
emergency and provide for such other matters as are considered necessary of advisable
for the implementation of the emergency plan during an emergency;
1.14 "FPP A" means the Fire Protection and Prevention Act, 1997, S.O., c 4, as may be
amended from time to time, or any successor legislation, and any regulation made
thereunder;
1.15 "Fire Protection Services" includes fire suppression, fire prevention, fire safety
education, communications, training of persons involved in the provision of Fire
Protection Services, rescue and emergency services and the delivery of all those services;
1.16 "High Angle" means an environment in which the load is predominately supported by a
rope rescue system;
1.17 "HUSAR" means Heavy Urban Search And Rescue;
1.18 "Member" means any person employed in or appointed to the Fire Department and
assigned to undertake Fire Protection Services;
1.19 "Mutual Aid" means where the Council of the Municipality has made an agreement or
plan with another municipality or Region; or at the discretion of the Chief as provided for
herein, for the provision of any personnel, service, equipment or material during an
emergency as dermed herein;
1.20 "Tiered Response" means the process of dispatching police, fire and ambulance to what
is determined to be a life threatening situation. Tiered response endeavors to send the
closest appropriate emergency response agency, based on time, to render assistance at the
scene of an emergency incident until the primary respo~e agency can arrive.
1.21 "Volunteer Firefighter" means a firefighter who provides fire protection services either
voluntarily or for a nominal consideration, honorarium, training or activity allowance.
PART 2
ESTABLISHMENT
2.1 The Fire Department was established by By-law #84-68 and 94-172 which was repealed
in By-law # 2007-134 for the purpose of updating references to reflect current
terminology and practice. Despite repeal of past By-laws, the Emergency and Fire
Services Department will continue with services and organization as has been and as may
be amended and approved by Council from time to time.
-2-
1132
2.2 The Fire Department is continued under this By-law to provide Fire Protection Services
and any other service as approved by Council for the Corporation and shall be known as
the Clarington Emergency & Fire Services. (Department name may be amended by
Council from time to time).
PART 3
CORE SERVICES
3.1 For the purposes of this By-law core services provided by the Fire Department will be as
per Appendix "A" fonning part of-this By-law.
3.2 Nothing in the By-law will restrict the Fire Department to providing only core services or
limit the provisions of Fire Protection services, as set out/covered under appointing by-
law, as approved by Council.
PART 4
PROPERTY/APPARATUSE USE
4.1 No person shall supply any apparatus, equipment, or other property of the Fire
Department for any personal or private use.
4.2 No person shall willfully damage or render ineffective or inoperative any apparatus,
equipment or other property belonging to or used by the Fire Department.
PARTS
FIRE SUPPRESSION
5.1 The Fire Department may suppress any fire or suspected other hazardous condition by
extinguishing it or by other reasonable action and, for this purpose, may enter private
property, if necessary or deemed necessary to do so.
5.2 The Fire Department may pull down or demolish any building or structure, with the
assistance of the municipal or other equipment and services available; when considered
necessary to prevent the spread of fire, or other hazardous situation.
PART 6
MUTUAL AND AUTOMATIC AID RESPONSE OUTSIDE THE LIMITS OF THE
MUNICIPALITY (Automatic and Mutual Aid Aueementsl
A) Aid to the Municipalitv of Clarinlrton (requested bv the Municipa6tvl
The Fire Department may request other municipalities to provide mutual aid and other
qualified persons to assist in;
6.A.1 Extinguishing fires;
6.A.2 Pulling down or demolishing any structure;
6.A.3 Crowd and traffic control;
6.A.4 Suppression of fires or other hazardous conditions in other reasonable
Ways; or
-3-
1133
6.A.5 Determining the origin, cause or circumstances of any fire or explosion, if it is
deemed necessary to retain a private contractor, rentllease heavy equipment or
specialized equipment, specialized services, and associated persons then those
costs may be billed to the property owner and collected by the Municipality by
means as determined in this by-law.
B) Bv the Municipality ofClarin2ton to others (response outside the limits)
The Fire Department shall respond where possible, to a call with respect to a fire or
emergency outside the territorial limits of the Corporation with respect to a fire or
emergency including non-fire emergencies under the following conditions;
6.B.l In the opinion of the Fire Chief or designate of the Fire Department, conditions
threaten property outside the territorial limits of the Corporation that is owned or
occupied by the Corporation;
6.B.2 In a municipality with which an approved automatic aid or mutual aid agreement
has been entered into to provide Fire Protection Service or other emergency
assistance, including Oshawa and Port Hope prevailing By-laws as established;
6.B.3 At the discretion of the Fire Chief, to a municipality participating in any regional
or Municipal mutual aid plan established by a Fire Co-ordinator appointed by the
\ Fire Marshal or any similar reciprocal plan or program, or as determined
necessary by the Fire Chief;
6.B.4 As directed by the Province under Emergency Management Act and Civil
Protection Act or any other prevailing government directive, or legislation as
determined appropriate by the Fire Chief;
6.B.5 Coverage/ability when asked to respond and when requesting response from
Municipalities with no formal program or plan is' at the discretion of the Fire
Chief, or designate;
6.B.6 The Fire Department is not required to respond to requests by private companies;
non government; or incorrect assigned calls;
6.B.7 On property beyond the territorial limits of the Corporation where the Fire Chief
or designate determines immediate action is necessary to preserve life or property
and the appropriate fire department is notified to respond and assume command or
establish alternative measures, acceptable to the Fire Chief or designate, provided
it does not compromise our own Municipality level of service or commitments
with the right to withdraw at any time to service home Municipality's needs; and
6.B.8 Any other existing response agreements will continue to operate on Automatic
and Mutual Aid response. Agreements may be amended and approved by
Council from time to time..
PART 7
MUTUAL AID OR AUTOMATIC AID OR OTHER RELATED EXPENSES
7.1 If as a result of Fire and Emergency Services (i) response to an emergency
including a motor vehicle incident, (ii) under a Mutual or Automatic Aid agreement or
(Hi) carrying out any of its duties or functions the Fire Chief or Deputy Fire Chief
determines that it is necessary to incur additional expenses, retain a private contractor,
rent special equipment not normally carried on a fire apparatus or use more materials than
are carried on a fire apparatus in order to suppress or extinguish a fire, preserve property,
prevent a ftre from spreading, control and eliminate an emergency, carry out or prevent
damage to equipment owned by the Corporation or otherwise carry out the duties and
functions of Fire and Emergency Services, the owner of the property requiring or causing
-4-
1134
the need for any additional service shall be charged, if appropriate, the costs to provide
the additional service including all applicable taxes. Property shall mean personal and
real property. .
7.2 Cost recovery under Automatic and Mutual Aid response agreement will be as per the
Province direction unless otherwise specified. To the extent reasonably possible
materials/supplies will be replaced or cost recovered excluding cost of manpower and
excluding something out of the ordinary unless determined appropriate to recover. The
cost recovery provision should be incorporated into Automatic and Mutual Aid
agreements, where possible.
PART 8
INTERFERENCE
8.1 No person shall impede or interfere with or hinder the Fire Department in the
performance of its duties.
8.2 No person present at a fire shall refuse to leave the immediate vicinity when required to
do so by the Fire Department.
8.3 During a fire and for the time after it has been extinguished that is required to remove the
apparatus and equipment of the Fire Department and render the location and vicinity safe
from fire, no person, either on foot or with a vehicle of any kind, shall enter or remain
upon or within;
8.3.1 The portion of any street or lane upon which the site of the fire abuts or upon any
street or lane for a distance of fifteen (15) metres on each side of the property
damaged by fire; or
8.3.2 Any additional street or lane or part of a street or lane or any additional limits in
the vicinity of the fire as. may be prescribed by the Fire Chief or the next ranking
officer present at the fire.
8.4 The provisions of section 8.3 shall not apply to a resident of any street or lane or within
any prescribed additional limit or any person so authorized to enter or remain by an
officer of the Fire Department or by a police officer.
8.5 No person shall prevent, obstruct or interfere in any manner whatsoever with the
communication of a fire alarm to the Fire Department or with the Fire Department
responding to a fire alarm that has been activated.
PART 9
OFFENCES
9.1 Every person who contravenes any provisions of the By-law is guilty of an offence and
on conviction is liable to the penalty established by the Provincial Offences Act, or any
other prevailing By-law or legislation, as may be amended or replaced from time to time,
inclusive of costs.
PART 10
CONFLICT
10.1 Where this By-law may conflict with any other By-law of the Corporation, this
By-law shall supersede and prevail over that By-law to the extent of the
conflict.
-5-
1135
PART 11
SEVERABILITY
11.1 If any section or part of this By-law is found to be illegal or beyond the power of the
Corporation, such section or part of item shall be deemed to be severable and all other
sections or parts of this By-law shall be deemed to be separate and independent therefrom
and to be enacted as such.
PART 12
ENFORCEMENT AND ENACTMENT
EFFECTIVE DATE OF BY-LAW
12.1 This By-law comes into effect the day it is passed by Council.
REPEAL OF EXISTING BY-LAW
12.2 By-law Number #2007-134 and #80-9 are hereby repealed.
BY-LAW read a first and second time this
day of
,2010
BY-LAW read a third time and finally passed this day of ,2010
Jim Abernethy, May~
Patti L. Barrie, Municipal Clerk
-6-
1136
APPENDIX "A"
CORE SERVICES
1. FIRE SUPPRESSION AND EMERGENCY RESPONSE
1.1 Fire suppression services shall be delivered in both an offensive and
defensive mode and shall include search and rescue operations, forcible
entry, ventilation, protecting exposures, salvage and overhaul as
appropriate.
1.2 Emergency pre-hospital care responses and medical acts such as
defibrillation, standard first aid, CPR, and the Emergency Medical
Responder Program shall be maintained to Base Hospital protocols as
agreed.
1.3 Special rescue services shall include performing extrication using hand
tools, air bags and heavy hydraulic tools as required. Full time firefighters
will be trained in level I Basic Rope Rescue Techniques as determined by
the Fire Chief. Water/ice rescue services shall be provided by those
firefighters who are competently trained to perform the requested level of
service as determined by the Fire Chief (up to level m if so trained).
1.4 Highly technical and specialized rescue services such as Trench Rescue,
Confined Space, HUSAR and Structural Collapse shall not be provided by
Clarington Emergency & Fire Services. Awareness training in these areas
may be provided where possible.
1.5 Defensive hazardous material emergency response shall be conducted to
the operations level by the fulltime firefighters and awareness level by the
part time firefighters. In addition to operations level response, the
capability for rescue and emergency decontamination shall be maintained
where resources permit.
1.6 The Ontario Firefighters Curriculum, International Fire Service Training
Association "Essentials of Fire Fighting", Ontario Fire Service Standards
and other related industry training standards and reference materials may
be used as reference guides for CEFS training as approved by the Fire
Chief. All training will comply with the Occupational Health and Safety
Act and any other applicable provincial legislation.
1137
2. FIRE PREVENTION
2.1 Inspections arising from complaint, request, retrofit, or self initiated and
fire investigations shall be provided in accordance with the FPP A and
policies of the fire prevention division.
2.2 New construction inspections and plan reviews of buildings under
construction in matters respective of fire protection systems within
buildings shall be conducted in accordance with the applicable By-law and
operating procedures.
2.3 The Ontario Fire Service Standard for Fire Prevention Officers shall be
used as a reference guide for fire prevention training.
3. FIRE SAFETY EDUCATION
3.1 Distribution of fire and life safety information and public education
programs shall be administered in accordance with the FPP A and policies
~fthe departments Fire Prevention & Public Safety Division.
3.2 A residential Smoke Alarm awareness program shall be ongoing.
3.3 The department shall maintain at least one public fire and life safety
educator certified to the Ontario Fire Service Standard.
4. EMERGENCY DISPATCHING AND COMMUNICATIONS
4.1 The Ontario Fire Service Communications Standard shall be used as a
reference guide for emergency dispatching and communications and shall
provide the following minimum services;
4.1.1 Provide emergency call taking and dispatching of emergency vehicles.
4.1.2 Provide after hour's emergency and non-emergency call taking forlOperations, By-law Services, and other agencies as required.
1138
Clwil1glOn
REPORT
EMERGENCY & FIRE SERVICES
Meeting:
GENERAL PURPOSE AND ADMINSTRATION COMMITTEE
Date:
June 21, 2010
Resolution#:
Report #: ESD-009-10
File #:
By-law #:
Subject:
MEMORANDUM OF UNDERSTANDING - CANADIAN RED CROSS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report ES 0-009-10 be received;
2. THAT the conditions outlined in the attached Memorandum of Understanding with the
Canadian Red Cross and Clarington Emergency and Fire Services be endorsed by
Council,
3. THAT the Mayor and Clerk be authorized to enter into the attached Memorandum of
Understanding with the Canadian Red Cross and Clarington Emergency and Fire
Services; and
4. THAT the by-law attached to Report ESD-009-10 authorizing the Mayor and Clerk to
enter into the Memorandum of Understanding with the Canadian Red Cross be
approved by Council.
Submitted by: //~.cl '" J -' Reviewed by: ~~
Gordon Weir, AMCT, CMM111 hi an lin Wu,
Director Emergency &Fire Services /() '" Chief Administrative Officer
GW*jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1139
REPORT NO: ESD-009-10
Page 2
1.0 BACKGROUND/ASSISTANCE TO RESIDENTS
1.1 Services to residents under emergency situations are primarily provided
by three agencies. Each provides a distinct level of service as generally
set out below:
(a) The Durham Region Social Services of the Regional Municipality of
Durham is responsible to provide emergency accommodations,
feeding, registration, critical incident stress debriefing and if
necessary, clothing for persons forced to evacuate their homes as a
result of a natural or man-made emergency, generally for
emergencies on a larger scale. The Plan is designed to ensure the
timely and efficient delivery of emergency social services with the
Regional Municipality of Durham, regardless of the root cause of the
emergency. It also provides the framework for the provision of
emergency social services support to other Municipalities in
accordance with written agreements, a Memorandum of
Understanding (MOU) or requests for assistance during an
emergency.
(b) The Salvation Army, as an international movement, is an evangelical
branch of the Christian Church. Its message is based on the Bible, its
ministry is motivated by love for God and a practical concern for the
needs of humanity. Its mission is to preach the gospel of Jesus Christ,
supply basic human needs, provide personal counseling and
undertake the spiritual and moral regeneration and physical
rehabilitation of all persons in need who come within its sphere of
influence regardless of race, colour, creed, sex or age.
(c) The Red Cross is able to assist those residents who have been
displaced due to an emergency such as fire by providing immediate
lodging up to 72 hours, food, comfort/hygiene kits as well as reception
and information.
2.0 RED CROSS MEMORANDUM OF UNDERSTANDING
2.1 Over the past number of years, the Canadian Red Cross has been of
assistance to the Clarington Emergency and Fire Services when there has
been a local house fire or larger scale events that may cause evacuation
and/or relocation of residents.
1140
REPORT ESD-009-10
PAGE 3
2.2 This service allows the on-scene Commander to focus efforts on the
emergency, knowing that the family is being looked after. Should
residents require additional assistance, the Red Cross will supply
information that can help them get further assistance.
4.0 CONCLUSION
3.1 It is therefore recommended that the General Purpose and Administration
Committee recommend to Council that the Mayor and Clerk be authorized
to enter into the Memorandum of Understanding between the Canadian
Red Cross and Clarington Emergency and Fire Services (Attachment #1 ).
Attachment #1: Memorandum of Understanding between the Canadian Red
Cross and Clarington Emergency and Fire Services
Attachment #2: By-law authorizing Memorandum of Understanding
1141
Attachment #1 to Report ESD-009-10
Memorandum of Understanding
Between
The Canadian Red Cross, Ontario Zone
(Hereafter referred to as Red Cross)
And
Clarington Emergency and Fire Services
(Hereafter referred to as CEFS)
In the case of a small scale, non-declared disaster which affects fewer than twenty-five (25)
people, so identified by the CEFS, Red Cross personnel will assist victims by providing
temporary accommodation and meals or food for a period not exceeding seventy-two (72) hours
as well as by replacing basic necessities, such as but not limited to, clothing and medical
prescriptions. Assistance provided will depend on a needs assessment.
1.0 Canadian Red Cross
The Canadian Red Cross is a non-profit, humanitarian organization dedicated to helping
Canadians, as well as victims of conflicts or disasters, throughout the world. In Canada,
the Red Cross provides a wide range of assistance annually to thousands of people
through national disaster relief, fire response program and prevention services..
2.0 The Red Cross agrees to:
a. Abide by this memorandum of understanding with the CEFS to ensure the delivery of
Red Cross services to meet the basic needs of victims. The services provided by the
Red Cross will be as follows:
b. Needs Assessments
c. ComfortlHygiene Kits
d. Registration & tnquiry/Family Reunification
e. Lodging Assistance
f. Meals
g. Referrals or Resources
h. Reception and Information
2.1 Appoint one person to liaise with either the CEFS Senior Officer or Incident
Commander, depending on the nature of the incident, or a designate on site. This
appointee will be the first Red Cross Response Leader to report to the scene;
1142
2.2 Appoint one spokesperson to liaise with on-scene media representatives to speak on Red
Cross issues only;
2.3 Where reasonably possible, respond to the incident of the CEFS within one hour;
2.4 Complete needs assessments for all victims to ascertain the level of Red Cross services
required;
2.5 Make referrals, with the consent of the victims, to the Victim Crisis Assistance Services
for emotional support, as required;
2.6 Standardize a coordinated referral system to victims;
2.7 Within the limits of the Red Cross service, support the CEFS in the delivery of services;
2.8 Provide Red Cross personnel with training as deemed appropriate by their respective
agencies;
2.9 Ensure, to the extent possible, that an appropriate number of Red Cross personnel
respond and that they are properly equipped and trained to provide services;
2.10 Provide Red Cross visibility and appropriate identification of the partnership when
responding;
2.11 Maintain detailed logs of the events and actions taken by the respective agency personnel,
including name of all responders, during the response and retain documents for the
appropriate length of time in accordance with any prevailing governing legislation;
2.12 Maintain statistical information concerning the number of cases handled, referrals,
distributed items and retain for the appropriate length of time;
2.13 Participate in and provide for the attendance of appropriate Red Cross personnel at
Steering Committee meetings to review and address issues and concerns;
3.0 Clarington Emergency and Fire Services agrees to:
3.1 Permit Red Cross to educate CEFS on how they are able to assist in providing Red Cross
Services only as it relates to Red Cross involvement;
3.2 Appoint one liaison person to work with responding agencies to assist in coordination of
Service;
3.3 Provide direction, through the Incident Commander or herlhis designate, to onscene
Personnel who are at all times to act within the confines of Red Cross service limitations;
1143
4.0 Joint Agreements:
4.1 The signatories of this document agree to participate in training exercises periodically
Arranged with the concurrence of all parties to ensure the effectiveness and efficiency of
Response procedures;
4.2 The signatories also agree to maintain in full force and effect during the term of this
agreement at their own expense, a policy of comprehensive insurance to the satisfaction
of the Municipality's Director of Finance. A copy of insurance must be provided on an
annual basis. The Red Cross will not rely on any insurance policy of the Municipality
unless governed by Legislation applicable to the Municipality's responsibilities;
5.0 Term:
5.1 This memorandum of understanding will be in effect on date it is approved by Council;
5.2 Either party of the memorandum of understanding may at any time terminate this
agreement by giving 30 days written notice, or if determined by the Municipality to be
prudent, to terminate immediately;
5.3 The signatories recognize that each party will be governed by its own policies and
procedures and that those policies and procedures will taken precedence in the case of
conflict.
Terra Sayer
Coordinator, Disaster Management
Region of Durham
Patti Barrie
Municipality of Clarington Clerk
Alistair Hensler
Manager, Disaster Management
Eastern Ontario, Central Lakes Region
Jim Abernethy
Municipality of Clarington Mayor
Date
Date
1144
Attachment #2
Report ESD-009-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.
Being a By-law to authorize the execution of a
Memorandum of Understanding between the
Corporation of the Municipality of Clarington and
Canadian Red Cross
WHEREAS at its meeting of June 28, 2010 the Council of the Corporation of the
Municipality of Clarington adopted the recommendation contained in Report
ESD-009-10;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE
CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:
1. THAT the mayor and Clerk be authorized to execute on behalf of the
Corporation of the Municipality of Clarington the Memorandum of
Understanding between the Corporation of the Municipality of
Clarington and the Canadian Red Cross.
BY-LAW read a first, second and third time this 28th day of June; 2010.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1145
CJarington
REPORT
EMERGENCY AND FIRE SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21, 2010
Resolution #:
By-law #:
nla
Report #: ESD-010-10
File # nla
Subject:
MONTHLY RESPONSE REPORT - APRIL & MAY 2010
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-O 10-10 be received for information.
Reviewed by:
~
Chief Administrative Officer
Submitted by:
---
ardon Weir, AMCT, CMM111
Director Emergency & Fire Services
)f
GW/tw
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379
1146
REPORT NO: ESD-010-10
PAGE 2
1.0 BACKGROUND
1.1 Report ESD-O 10-10 covers the months of April and May 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 547 calls during this period and recorded total fire
losses of $1,328,700. Attachment 1 to Report ESD-01 0-1 0 is a breakdown of call
responded to. Attachment 2 to Report ESD-01 0-1 0 is an explanation of the different
types of responses.
Attachment #1 : Activity Report
Attachment #2: Description of Types of Responses
1147
Attachment #1 to ESD-010-10
CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT
REPORT PERIOD: April 1, 2010 OO:OO:OOhrs - MAY 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 26 4 7 15 4 56 134 8.5% 48 113
EXPLOSIONS
OVERPRESSURE
RUPTURE 0 0 0 0 0 0 0 0.0% 0 1
EXPLOSIONS
PRE FIRE 10 0 0 3 0 13 27 1.7% 8 31
CONDITIONS
BURNING 4 3 7 12 0 26 51 3.2% 27 45
(controlled)
FALSE FIRE 38 3 1 12 1 55 145 9.2% 56 185
CALLS
CO FALSE 12 4 0 3 0 19 85 5.4% 39 123
CALLS
PUBLIC HAZARD 6 1 0 3 3 13 48 3.0% 31 85
CALLS
RESCUE CALLS 22 6 6 12 1 47 154 9.7% 60 210
MEDICAL CALLS 157 33 6 65 8 269 818 51.7% 273 856
OTHER 25 7 6 10 1 49 120 7.6% 37 109
RESPONSES
TOTALS
THIS PERIOD 300 61 33 135 18 547 1582 100.0% 579 1758
TO DATE 860 188 104 379 51 1582
THIS PERIOD 297 59 45 159 19 579
LAST YEAR
TO DATE LAST 915 200 131 456 56 1758
YEAR
1148
THIS PERIOD $1,328,700
2010
TO DATE $2,105,800
THIS PERIOD $103,500
2009
TO DATE $1,394,300
DOLLAR LOSS REPORT
APPARATUS RESPONSE REPORT FOR THIS PERIOD
STATION 1 PUMPER SCAT PUMPER TANKER UTILITY AERIAL RESCUE
1 1 11 1 1 1 1
THIS PERIOD 583 281 228 35 8 15 16 0
.
TO DATE 1344 600 601 66 11 19 36 11
STATION 2 PUMPER TANKER RESCUE
2 2 2
THIS PERIOD 95 60 21 14
TO DATE 205 160 31 14
STATION 3 PUMPER TANKER UTILITY ATV
3 3 3
THIS PERIOD 50 36 2 9 3
TO DATE 110 83 11 12 4
STATION 4 PUMPER PUMPER TANKER AERIAL
4 44 4 4
THIS PERIOD 232 204 17 7 4
TO DATE 526 479 28 9 10
STATION 5 PUMPER TANKER
5 5
THIS PERIOD 31 21 10
TO DATE 62 48 14
991 TOTAL VEHICLE MOVEMENTS FOR THIS PERIOD
2796 TOTAL VEHICLE MOVEMENTS TO DATE - 2010
1149
Attachment #2 to ESD-010-10
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 Le. Vehicle Accident,
Building Collapse, Commercial/lndustrial Accident, Home/Residential Accident, Persons
Trapped in Elevator, Water Rescue, or Waterllce 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
1150
~n REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date:
June 21, 2010 Resolution#:
By-laW#: NIA
Report#: CSD-008-10 File#:
Subject: SUPPLEMENTARY RATES AND FEES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-008-10 be received; and
2. THAT the Supplementary Rates and Fees as outlined in Attachment 1 be
approved.
Submitted by:
J eph P. Caruana
I rector, Community
Services
Reviewed by:
t
anklin Wu,
Chief Administrative Officer
JPC/wg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1201
REPORT NO.: CSD-OOS-10
PAGE 2
1.0 BACKGROUND
1.1 The Community Services Department completes a full review of rates and fees
on a bi-annual basis. On May 25, 2009, Council received Report CSD-01 0-09
Schedule of Rates and Fees associated with municipal recreation programs,
facilities and services for the period September 1, 2009 to August 31, 2011.
Historically Community Services provides a supplementary report as required to
update Council on new programs and services that have or will be implemented
within the two year period. The next full review and report for Council's approval
is anticipated in the spring of 2011 for the period of September 1,2011 to August
31,2013.
1.2 In the development of proposed fees, staff take into account the direct costs to
provide the program/service, current fees for existing similar programslservices,
and where possible a comparison of similar programs in neighbouring
municipalities.
1.3 Since Council approved CSD-010-09 (Schedule of Rates and Fees 2009/10-
2010/11) many new programs or services have been developed and are at
various stages of implementation as introductory programs. Staff is requesting
that the rates and fees for new programs and services found in Attachment 1 be
approved by Council.
1.4 Staff is also recommending a reduction to the approved rates for shinny and drop
in soccer. These rates were previously approved for implementation on
September 1/10, however, it is felt that the approved rates are too aggressive and
. could be a detriment to these programs.
1.5 A new Discount Ice rental rate is being proposed for September 1/10. In recent
years late night ice rentals have been declining and staff expect this new rate to
have a positive effect on ice rental revenue.
2.0 COMMENTS
2.1 The Community Services Department continues to focus efforts on maintaining
quality services at reasonable rates, encouraging community participation and
active living.
2.2 All new programs, services and associated fees are advertised in the Recreation
and Leisure Guide which is delivered to all homes and busines~es in Clarington on
a quarterly basis.
1202
Attachment 1 to CSD-008-10
Community Services Department - Supplementary Rates and Fees
'Ii.;r('1!r rl'(~r' ~ l:~':t;f: .;:f~~:\ Xilv"i(.' ' / , ,.., ~/ol~,;jl,-,~~,..:'t
t':\",'k: :7:. ~%,~~". .f'\~V~tc< ("-'n: . . "
Strength Training 15 yrs + Focusing on the benefits $52 (12 classes - 1
(Women's & Men's) of strength training, hr duration)
beginner program or
ensures all muscle groups $95.69 includes
worked safely and program and a 10
effectively. visit pass to the
Courtice Fitness
Facility
Fitness Bootcamp 15 yrs + An effective and $84 (16 classes - 1
motivating fitness hr duration)
program that focuses on or
increased strength, $127.69 includes
flexibility and endurance. program and a 10
An outdoor program that visit pass to the
utilizes the environment, Courtice Fitness
body weight and partners Facility
in place of strength
eauipment.
Squash - Learn to 1 0-17 yrs Learn the fundamentals of $40 Members
Play squash - forehand, $45 Non-Members
backhand, serving, basic (8 classes - 1.25
rules and scorino. hrs duration)
Squash - Learn to 18 yrs+ Learn the fundamentals of $50 Members
Play squash - forehand, $55 Non Members
backhand, serving, basic (4 classes - 1 hr
rules and scorino. duration)
Squash House 18 yrs+ House League format, $1 0 Members
Leaque plaver rankino 1 game/wk. $25 Non Members
Kids In The Kitchen 6-12 yrs Children enjoy cooking $88 (10 classes -
and eating a variety of fun 1.5 hrs in duration)
. recipes while learning
basic cooking skills and *includes food cost
kitchen safetv.
Basketball House 7 -18 yrs Opportunity to participate $125 (10 c1asses-
League in an organized game 1.25 hrs in duration)
each week. Player
development,
character/leadership
awards, t-shirt and water
bottle.
Super Cool Science 5-12 yrs Children learn science $43.86 (10 weeks -
concepts in a fun and 1 hr in duration)
Page 1 of 4
1203
hands on atmosphere.
Roll Play 3-6 yrs A movement adventure $80 (10 weeks - 45
program combining story minutes in duration)
time, music and
movement support both
children's fitness and
early literacy skills.
Adult Badminton 18 yrs+ Program will consist of a $58.28 (10 weeks-
fun evening of basic 1. 5 hrs in duration)
badminton skills and
games in a recreational
settino.
Youth Volleyball 11-14 yrs Program will consist of a $34.68 (10 weeks-
fun evening of basic 1 hr in duration)
volleyball skills and
. games in a recreational
setting.
Glee Club 9-14 yrs Participants will be $61.20 (10 weeks-
- instructed in basic 1. 5 hrs in duration)
vocal/dance skills and
techniques in order to
create numbers to hit
songs.
Jr. Chef Camp 6-12 yrs Children enjoy cooking $140.40 (5 days-
and eating a variety of fun 7.5 hrs/day)
recipes while learning
basic cooking skills and
kitchen safety. Exciting
games, crafts and
creations will centre on
fun in the kitchen.
S'Amuse Avec 6-12 yrs An exciting program that $140.40 (5 days-
Amis! includes all elements of 7.5 hrs/day)
(Have Fun With our traditional day camp
Friends) but in Frenchl This camp
is ideal for the French
Immersion student who is
looking to maintain their
language over the
summer months.
Outdoor Adventure 6-12 yrs An outdoor day camp that $140.40 (5 days-
Camp includes a variety of 7.5 hrs/day)
active programs including
sports, games, special
events, crafts and
swimming.
Sr. Sports Camp 12-15yrs A half day program $74.88 (5 days -'
designed for the active 4 hrs/day)
Page 20f4
1204
teen that enjoys a variety
of sports.
Fitness Assessment NIA A package price for the $60 (2 - 1 hr
& Program Package new member or members sessions)
who are looking for a
customized program.
Semi Private N/A 2 Members with 1 Trainer. 5 hrs - $129.92
Personal Training 10 hrs - $230.96
Rates are per
person
Corporate Outreach Adults 1 Fees for providing $39.26 - 1 hour
Program Corporations services of a fitness $176.67 - 5 hour
trainer to provide exercise package
1 nutrition workshops $314.09 - 10 hour
onsite to employees of a package
corporation.
High School Visit High School A fee for local high school $2.50 per student
Program Physical physical education (minimum 10
Education classes to visit the students) - facility
classes Courtice Fitness Facility use only
to utilize the equipment $3.00 per student
and provide specific (minimum 10
instruction. students) - fitness
class 1 instruction
provided.
Biggest Winner 18 yrs + One hour a week group $160 per adult
Challenge workouts provide includes 1 hour 1
motivation and incentive week group session
to help meet weight loss for 10 weeks, 1 hour
goals! Participants with a personal
receive 1 hour with a trainer and 1 hour
personal trainer and a 1 Nutrition & Wellness
hour Nutrition & Wellness consultation.
consultation.
The following pay as you go rates for ice and indoor soccer programs are being proposed
for revision as follows:
.1 f.t.rurili::li~ v t i-:ifii:l",';U ",e; 'i IJIJI !iE!JiQ ft'- : ~ 1~!7i,r2J;': /':l-~ltliftJ\Vr:;1~ 1"'j-:;;1iJl,+..,{::1G l;:ir;:!(~
. ~ fi:'i \:' f;;:~::1t,:: ;~!r.~Ti~h'd- f::"!~t~(,1i~'lff :.
;';;l:ij'eH:~',;W(;'l ",'j:;~i:;'((;;l""!~!~' ""0
. ,
, '..
"' . " .
Adult Shinny Per Visit $5.71 $6.66 $6.20
Ticket Ice
Drop In Soccer
Youth Shinny Per Visit $4.00 $5.00 $4.43
Shinny 55 Per Visit $3.81 $4.76 $4.43
Page 3 of4
1205
Adult Shinny 1 0 Ticket $51.43 $60.00 $55.80
Ticket Ice Pass
Drop In Soccer
Youth Shinny 1 0 Ticket $36.00 $45.00 $39.87
Pass
Shinny 55 1 0 Ticket . $34.29 $42.86 $39.87
Pass
The following new rate for late night ice rentals is proposed as follows:
':~tiC"'@I~;li0' f";~.!f.;1irv'L" '(iW~lrl[:T~-[ ~.,il~l;'e\~[;:c'l:: J"fi",r~t';;~{:;J~ '-',:;i?~
;~:;l;"~iiG ; 'A~(::)(~' ,"i-{:j(l' {:;1;I~Jcj!"" '~lll':::t ,Jf'" ,
._ ~<::J~1J1(:;jN11el~' ,;;1:'1~i(;;;@'r.l~';;J ' ' '.
:: 'f,.;
Discount Ice -
Monday to
Sunday 11 pm
and later
Per Hour N/A
N/A
$100.00
Page 4 of 4
1206
Claringron
REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21,2010 Resolution#:
By-laW#:
Report#: CLD-017-10 File#:
Subject: 2010 Municipal Elections - Accessibility Measures
RECOMMENDATrONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-017-1 0 be received for information.
Submitted by:
Reviewed by:
.J.j nklin Wu,
70V. Chief Administrative Officer
PLB/cag
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
1301
REPORT NO.: CLD-017-10
PAGE 2
1.0 BACKGROUND
1.1 The Municipality of Clarington is committed to ensuring that all qualified
electors have an opportunity to fully participate in the Municipal Elections, with
dignity and in a consistent manner.
1.2 The Municipal Clerk is responsible for the proper legislative and administrative
conduct of the municipal elections in the Municipality of Clarington.
1.3 Legislative requirements, as set out in the Municipa/ E/ections Act, 1996, the
Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with
Disabilities Act, 2005 require the Municipal Clerk to establish procedures and
provide appropriate measures to ensure that persons with disabilities have the
opportunity to participate fully in the Municipal Elections. As well, these
legislative requirements have been further supported, and clarified through a
recent Decision of the Human Rights Tribunal (James Peter Hughesvs
Elections Canada).
1.4 In the management of the Municipal Election process, the Municipal Clerk shall
ensure that the following principles of the Municipal E/ections Act, 1996, are
maintained:
a) The secrecy and confidentiality of the individual votes is paramount;
b) The election should be fair and non-biased;
c) The election should be accessible to the voters;
d) The integrity of the process should be maintained throughout the election;
e) There be certainty that the results of the election reflect the votes cast; and
f) Voters and candidates should be treated fairly and consistently within a
municipality.
2.0 VOTING PROCESS SUMMARY
2.1 The Clarington eleqtors will be casting their traditional paper ballots at 51 voting
locations located throughout the Municipality of Clarington.
3.0 ACCESSIBILITY MEASURES
3.1 Staff Training
3.1.1 All staff carrying out election duties will be trained to recognize and ensure that
persons with disabilities are served in a way that accommodates their needs.
Training will include:
a) How to interact and communicate with persons with various types of
disabilities.
b) How to interact with persons with disabilities who use assistive devices or
require the assistance of a service animal or support person.
1302
REPORT NO.: CLD-017-10
PAGE 3
c) How to use voting equipment and assistive devices to deliver election
services.
d) What to do if a person is having difficulty accessing election information or
services.
3.2 Advance Voting Opportunities
3.2.1 To provide greater convenience and accessibility for our electors, we have
scheduled advance voting over a four day period. As well, the advance voting
locations are available in all four of our wards. Electors wishing to cast their
ballot during the advance voting period may do so at anyone of the advance
voting locations (Le. vote anywhere at an advance vote).
3.2.2 Advance voting will be held as follows:
Day Date Times Locations
Saturday October 16, 2010 10:00 a.m. to 5:00 p.m. Bowmanville Indoor
Soccer/Lacrosse Bowl
Courtice Community
Complex
Newcastle & District
Recreation Complex
Tyrone Community Centre
Sunday October 17,2010 10:00 a.m. to 5:00 p.m. Bowmanville Mall
Monday October 18, 2010 10:00 a.m. to 8:00 p.m. Bowmanville Mall
Tuesday October 19, 2010 10:00 a.m. to 8:00 p.m. Bowmanville Mall
Wednesday October 20, 2010 10:00 a.m. to 8:00 p.m. Bowmanville Indoor
SoccerlLacrosse Bowl
Courtice Community
Complex
Newcastle & District
Recreation Complex
Tyrone Community Centre
1303
REPORT NO.: CLO-017-10
PAGE 4
3.3 Voting Locations
3.3.1 Each potential voting location has been physically attended and inspected by
the Municipal Clerk, or designate. A standard Voting Site Inspection form has
been completed for each facility. The inspector considered the Canadian
Standards Association Barrier-Free Guidelines and, at the conclusion of the
inspection, completed the Accessibility Report Card.
The Report Card included a grading of 1 to 4 (1 - Not Accessible, 2 - Poor,
3 - Acceptable, 4 - Exceeds Expectations) on the following areas:
. Parking
. Main Voting Entrance
. Building Identification
. Ramps
. Pathway to Voting Place
. Elevator/Lift
. Accessible Washrooms
. Lighting
Each site received a pass or fail grading. The locations scoring the highest of
those which passed have been selected as voting locations for the 2010
Municipal Elections. I
3.3.2 Attachment 1 to this Report is a list of the voting locations which have been
deemed suitable and which have been booked to be used for the 2010
Municipality Elections.
3.3.3 A site map of all Advance Voting and Voting Day locations will be available on
the Municipality's election website at: www.clarington.net.Using the site map,
electors can determine where to park and enter the voting location.
3.4 Special Voting Locations
3.4.1 The following Special voting locations have reduced hours for voting and are
designated only for the use of eligible electors who are residents of these
institutions.
1304
REPORT NO.: CLD-017-10
PAGE 5
Ward 1
Subdivision 146
Ward 2
Subdivision 230
Ward 2
Subdivision 250
Ward 3
Subdivision 315
Ward 3
Subdivision 344
Ward 4
Subdivision 416
Whitecliffe Terrace
Retirement Residence
Marnwood Ufecare
Centre
Kingsway Arms
Strathaven Ufecare
Centre
Lakeridge Health
Bowmanville
Fosterbrooke Long-Term
Care Facilit
3.5 Transit to the Voting Location
1460 Highway 2,
Courtice
26 Elgin St.,
Bowmanville
65 Clarington Blvd.
Bowmanville
264 King St. E.
Bowmanville
47 Liberty St. S.
Bowmanville
330 King Ave. W.
Newcastle
11:00 a.m.-
2:00 .m.
10:00 a.m.-
12:00 noon
10:00 a.m. -
12:00 noon
10:00 a.m. -
12:00 noon
10:00 a.m. -
12:00 noon
2:00 p.m. -
4:00 .m.
3.5.1 Where available, voting locations have been selected so they are accessible to
public transit. However, the location may not necessarily be located on the
same street as the transit stop. Identification of the voting location shall be
clearly visible from the street level.
3.6 Parking
3.6.1 Designated or reserved parking for people with disabilities will be provided
close to the entrance of the voting location where possible. Accessible parking
spaces will be clearly posted, easy to see from the road, and marked with the
International Symbol of Accessibility. An increase in the usual parking limits for
people with disabilities will be requested where possible. Curb cuts will be
identified so users of mobility aids (such as wheelchairs, scooters, canes, or
crutches) can access the road and sidewalk. Routine checks of routes to the
entrance of the voting location will be made throughout Voting Day.
3.7 Entrance to Voting Location
3.7.1 Where the voting location has steps up to the entrance, ramps will be provided
to assist people using mobility aids or who have mobility impairments. The
slope of the ramp will conform to the barrier-free design requirements of the
Ontario Building Code or the Canadian Standards Association Barrier-Free
Guidelines. If the ramp is temporary, it will be securely attached to the steps so
it cannot slip or wobble.
1305
REPORT NO.: CLD-017-10
PAGE 6
3.7.2 Where possible, the door hardware is to be accessible and able to be operated
by a person using a closed fist. If the doors are heavy, awkward to open or
have handles that are out of reach, where possible they will be propped open in
a safe manner. Where it is not possible to prop the door open, an Election
Official will be assigned to operate the door for all electors entering and exiting
the voting location.
3.8 Interior Voting Area and Voting Tools
3.8.1 Access to the interior voting area and voting booth shall be level and easily
traversed. Any doormats or carpeting shall be level with the floor to prevent
potential tripping hazards. All voting areas are to be well lit and seating will be
made available, including additional seating for waiting.
3.8.2 Accessible voting booths will be available at each voting location. Voting
booths will be at varied heights and have a wide area to allow for individuals
who use a wheelchair or scooter to independently and easily approach and exit
the voting area.
3.8.3 A large print Notice of Ballot shall be displayed in close proximity to the voting
booth.
3.8.4 Magnifying sheets will be made available to assist any individual with low
vision.
3.8.5 A variety of style of marking tools (ie. pens, pencils, markers) shall be available
for electors to easily mark their ballots.
3.9 Service Animals
3.9.1 Electors requiring service animals shall be permitted to be accompanied by a
service animal at all voting locations.
3.10 Proxy Voting
3.10.1 A person with a disability who is homebound or otherwise unable to attend at a
voting location may appoint another person to act as a voting proxy to cast a
ballot on his or her behalf. The appointment must be made on the prescribed
form available at the Municipal Clerk's Department and on the Municipality's
election website. The person being appointed as a proxy is required to take a
statutory declaration before a Commissioner of Oaths and have the form
certified by the Municipal Clerk. Municipal Clerk's Department staff can
administer this oath (2nd Floor, 40 Temperance Street, Bowmanville).
1306
REPORT NO.: CLD-017-10
PAGE 7
Once completed, the voting proxy may be exercised at any advance voting
location or on Voting Day. On Voting Day the proxy must be exercised at the
voting location of the person for whom the proxy is voting. The appointment of
a proxy may only be made after 2:00 p.m. on Nomination Day and remains in
force until the polls close on Voting Day.
3.10.2 The following rules apply:
a) The person acting as a Proxy must also be an eligible elector in the
Municipality of Clarington and someone the appointing elector can trust to
vote according to their wishes.
b) No person shall appoint more than one voting Proxy and no person can act
as a Proxy for more than one person unless the relationship between the
Proxy and the person for whom they are voting is their spouse, sibling,
parent, child, grandparent, or grandchild.
c) Proxy certificates will be issued after 2:00 p.m. Friday, September 10;
weekdays from 8:30 a.m. - 4:30 p.m. starting Monday, September 13 to
Voting Day, Monday, October 25, 2010; and between noon and 5:00 p.m.
on any of the Advance Voting dates.
d) Upon request, the Appointment of Proxy form may also be mailed.
e) To appoint a voting Proxy, the elector must complete the prescribed form,
including the name of the person they are appointing, and the elector's
signature must be witnessed.
f) The person appointed as Proxy must attend the Municipal Clerk's Office,
2nd Floor, Municipal Administrative Centre, during the hours stated in c)
above. The person appointed will be required to show the following
identification:
eat least one piece of personal identification, and
. either an original or copy of the identification of the elector making the
appointment. .
g) On Voting Day, the person acting as a Proxy must attend the voting location
designated for the elector for whom they are voting.
h) The person who has been appointed as a Proxy is still entitled to vote in
her/her own right at their appropriate voting subdivision.
1307
REPORT NO.: CLD-017-10
PAGE 8
3.11 Voting Tools - Advance Voting Days
3.11.1 In addition to the magnifying sheets, large print ballots and the variety of
marking tools mentioned above, each Advance voting location will offer an
audio/tactile assistive tool equipped with audio, sip and puff, tactile and paddle
interfaces to further assist electors with visual and/or mobility impairments.
3.11.2 The audioltactile tool assists in producing a marked paper ballot from a blank
sheet of paper, completely indistinguishable from a paper ballot marked by
hand.
3.11.3 The audioltactile tool provides that the voter uses headphones to hear the ballot
presentation and a handheld controller device to control the voting session and
select votes. The controller can also be operated by assistive devices such as
sip and puff and paddles, for voters who are unable to use their hands to press
the selection buttons.
Acce56lb1e Voting Handheld Controller. with Braille labels and
buttons ofdltli!rent colours and shapes for visually-Impaired vorers
3.11.4 When a voter wishes to use the audio/tactile assistive tool, the Election Official
provides the elector with a brief explanation of the process, the head set and
the interface tool.
3.11.5 The voter listens to the audio ballot and uses the controller to adjust volume
and speed of the audio presentation, move between contests, and to select
votes. The audio presentation will confirm votes selected for voter verification.
When the voter has made and confirmed all their vote selections they use the
handheld controller to print their actual paper ballot. The printer device will
automatically process the blank sheet of paper, printing the full ballot on the
sheet complete with the vote markings selected by the voter.
1308
REPORT NO.: CLD-017-10
PAGE 9
3.11.6 The printed ballot is indistinguishable from a ballot marked by hand as the unit
has a library of random handmade marking images which it prints on the ballot,
so that the printed markings look just like marks made by hand with a pen. This
feature ensures that when the paper ballots are later reviewed by Election
Officials, they will not be able to determine which ballots were made through
the assistance of the interface tool.
3.11.7 The paper ballot printed by the audio/tactile assistive tool will emerge from the
printer hidden under a covering. The voter, or Election Official if requested by
the voter, will then fold the ballot and insert it into the ballot box.
3.11.8 All election staff at each voting location shall be trained on any assistive voting
devices and shall have taken an Oath of Secrecy. At any time during their
voting experience, an Election Official will be available to assist where
necessary.
3.12 Personal Assistance
3.12.1 Persons with disabilities may be accompanied by a support person within the
voting location. In addition, the Deputy Returning Officer in each voting location
may assist the voter in casting their vote. Prior to entering the voting booth, the
Deputy Returning Officer shall, in conjunction with the person with the disability,
determine the extent to which they need assistance and the best way in which
this assistance can be provided. This may include actually marking the ballot
as directed by the person with the disability. Where a voting location is located
in an institution or retirement home, the Deputy Returning Officer may issue
ballots to voters in their specific living areas or at their bedside. All Deputy
Returning Officers are sworn to an Oath of Secrecy.
3.13 Voters' List
3.13.1 The Voters' List, showing the names of all persons entitled to vote in the
October 25, 2010 Municipal Elections in the Municipality of Clarington, will be
available for supervised public inspection commencing Tuesday, September 7,
2010 at the following locations:
1309
REPORT NO.: CLD-017-10
PAGE 10
Location
Municipal Clerk's Department Monday - Friday
Municipal Administrative Centre
40 Temperance Street,
Bowmanville
Clarington Public Library Monday - Friday
Main Branch Saturday
163 Church Street, Bowmanville Sunda
Clarington Public Library
Orono Branch
127 Church Street, Orono
Clarington Public Library
Courtice Branch
2950 Courtice Road, Courtice
Clarington Public Library
Newcastle Branch
50 Mill Street North, Newcastle
Monday, Tuesday,
Thursday, Friday
Wednesday
Saturda
Monday
Tuesday-Thursday
Friday
Saturday
Sunda
Hours
8:30 a.m. - 4:30 p.m
10 a.m. - 9:00 p.m.
10 a.m. .- 5:00 p.m.
12 .m. - 5:00 .m.
1 :00 p.m. - 6:00 p.m.
1 :00 p.m. - 8:00 p.m.
10:00 a.m. - 2:00 .m.
1 :00 p.m. - 8:00 p.m.
10:00 p.m. - 8:00 p.m.
10:00 a.m. - 6:00 p.m.
10:00 a.m. - 5:00 p.m.
12:00 .m. - 5:00 p.m.
Monday, Wednesday 1:00 p.m. - 8:00 p.m.
Tuesday, Thursday 10:00 a.m. - 6:00 p.m.
Friday 1 :00 p.m. - 6:00 p.m.
Saturday 10:00 a.m. - 5:00 p.m.
Sunda 12:00 .m. - 5:00 .m.
3.13.2 If an individual qualifies, and their name has been omitted from the Voters' List
or the information is incorrectly shown, they must file an Application to Amend
the Voters' List during the period commencing Tuesday, September 7,2010 to
October 25, 2010, (Voting Day) during regular business hours, Monday through
Friday, 8:30 a.m. to 4:30 p.m. and on October 25,2010 (Voting Day) at the
voting locations during voting hours (10:00 a.m. to 8:00 p.m.).
3.13.3 Applications to remove another person's name from the Voters' List must be
made in writing on the Application to Amend the Voters' List form to the
Municipal Clerk, or designate, during the period from September 7, 2010 until
September 10, 2010, during regular office hours, Tuesday through Friday, 8:30
a.m. to 4:30 p.m.
3.13.4 Additionally, voters may confirm their name is on the Voters' List through the
Municipal Election website during the same period as stated in 3.13.2 above.
1310
REPORT NO.: CLD-017-10
PAGE 11
3.14 Distribution of Election Information
3.14.1 Candidates and electors with disabilities will be able to receive information and
copies of election documents in a format that takes into account their disability.
The format may be agreed upon between the requester and the Municipal
Clerk, or designate. Notice of this provision is located on the Municipality of
Clarington's Election Website and is included in election notices placed in the
local media. In addition, candidates with disabilities may access the election
information on the Municipality's election website using technologies such as
screen readers.
3.15 Disruption of Services
3.15.1 If there is a temporary disruption in the delivery of election information or
services, the Municipal Clerk's Department shall provide public notice on the
Municipality's election website, at the physical site of the disruption and, when
possible, in the local media. The notice shall include the reason for the
disruption, anticipated duration and a description of alternative methods of
delivering the information or service. Every effort shall be made to provide
alternative methods of providing the information or service to persons with
disabilities.
3.16 Feedback
3.16.1 Feedback about the manner in which election services are provided to persons
with disabilities may be submitted to the Municipal Clerk through a variety of
methods including:
1. Telephone (905) 623-3379 ext. 413
2. In Person Municipality of Clarington
Municipal Clerk's Department
40 Temperance Street, 2nd Floor
Bowmanville
4. Fax (905) 623-6506
5. Email clerkslWclarinaton. net
6. Mail Municipal Clerk's Department
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L 1 C 3A6
7. Website www.c1arinoton.net
3.16.2 The Feedback Form located on the Municipality's website can be completed by
persons with disabilities. This form will be forwarded to Municipal Clerk's
Department for action. In addition, staff working in municipal facilities can
complete the feedback form and submit the feedback on behalf of the persons
1311
REPORT NO.: CLD-017-10
PAGE 12
with a disability. Alternatively, the form may be printed and provided to the
person for manual completion. Manually completed forms are date stamped
and forwarded to Municipal Clerk's Department via inter-office mail. Each
completed form is reviewed by Municipal staff who will respond to the candidate
or elector directly within three business days providing an anticipated action
and timeframe for a full response where appropriate.
3.16.3 Notification of this process will be displayed in the Municipal Clerk's
Department and on the Municipality's website. Alternate notice formats are
also available upon request to the Municipal Clerk's Department.
3.16.4 The feedback process provides election staff with an opportunity to take
corrective measures to prevent similar recurrences, address training needs,
enhance service delivery and provide alternative methods of providing election
services.
4.0 REVIEW:
The measures undertaken by staff to address accessibility issues related to the
Municipal election have been reviewed by the Clarington Accessible Advisory
Committee. The Committee members are pleased with the inspection process
which has been undertaken in determining appropriate voting locations and with
the various pieces of assistive devices that are being used in the
implementation of the election.
5.0 ATTACHMENTS:
Attachment 1 - List of Voting Locations
1312
Attachment No. 1 to
Report CLD-017-10
2010 Municipal Elections
Voting Locations
Voting Locations ..
Ward Poll Location Comrnunity
01 101 Holy Trinity Catholic Secondary School Courtice
01 102 Holv Trinity Catholic Secondary School Courtice
01 103 Holv Trinity Catholic Secondary School Courtice
01 104 Dr G J Macgillivarv Public School Courtice
01 105 South Courtice Arena Courtice
01 106 South Courtice Arena Courtice
01 107 South Courtice Arena Courtice
01 108 South Courtice Arena Courtice
01 109 South Courtice Arena Courtice
01 110 South Courtice Arena Courtice
01 111 South Courtice Arena Courtice
01 112 Dr G J Macgillivarv Public School Courtice
01 113 Dr G J Macgillivary Public School Courtice
01 114 Dr G J Macgillivary Public School Courtice
01 115 South Courtice Arena Courtice
01 116 Trull's Road Free Methodist Church Courtice
01 117 Trull's Road Free Methodist Church Courtice
01 118 Trull's Road Free Methodist Church Courtice
01 119 Trull's Road Free Methodist Church Courtice
01 120 Trull's Road Free Methodist Church Courtice
01 121 Dr G J Macgillivarv Public School Courtice
01 122 Good Shepherd Elementarv School Courtice
01 123 Good Shepherd Elementarv School Courtice
01 124 Good Shepherd Elementarv School Courtice
01 125 Good Shepherd Elementarv School Courtice
01 126 Dr. Emily Stowe Public School Courtice
01 127 Courtice Community Complex Courtice
01 128 Dr. Emily Stowe Public School Courtice
01 129 Dr. Emily Stowe Public School Courtice
01 130 Dr. Emily Stowe Public School Courtice
01 131 Dr. Emily Stowe Public School Courtice
01 132 Good Shepherd Elementarv School Courtice
01 133 Good Shepherd Elementary School Courtice
01 134 Holv Trinity Catholic Secondary School Courtice
01 135 Holv Trinity Catholic Secondary School Courtice
01 136 Lydia Trull - Courtice South Public School Courtice
01 137 Lvdia Trull - Courtice South Public School Courtice
01 138 Lvdia Trull - Courtice South Public School Courtice
01 139 Lvdia Trull - Courtice South Public School Courtice
01 140 Courtice Community Complex Courtice
1313
Attachment NO.1 to
Report CLD-017-10
.. .x ...... ........ ...Voting Locations .. ... ..
.>> . ... x .
Ward Poll Location .. c:c:Ullrnyn ity
01 141 Courtice Community Complex Courtice
01 142 Courtice Community Complex Courtice
01 143 Faith United Courtice
01 144 Faith United Courtice
01 145 S.T. Worden Public School Courtice
01 . 146 White Cliffe Terrace Retirement Residence Courtice
01 147 S. T. Worden Public School Courtice
01 148 S. T. Worden Public School Courtice
01 149 S.T. Worden Public School Courtice
01 150 S.T. Worden Public School Courtice
01 151 Monsignor Leo Cleary Elementary School Courtice
01 152 Monsionor Leo Cleary Elementary School Courtice
01 153 Courtice Secondary School Courtice
01 154 Courtice Secondary School Courtice
01 155 Courtice Secondary School Courtice
01 156 Faith United Courtice
01 157 Faith United Courtice
01 158 Faith United Courtice
01 159 Courtice Secondary School Courtice
01 160 Courtice Community Complex Courtice
01 161 Courtice Secondary School Courtice
01 162 Courtice Community Complex Courtice
01 163 Monsionor Leo Cleary Elementary School Courtice
01 164 Monsionor Leo Cleary Elementary School Courtice
01 165 Carriaoe Country Baptist Church Hampton
01 166 Carriaoe Country Baptist Church Hampton
01 167 Carriaoe Country Baptist Church Hamoton
01 168 Solina Communitv Hall Solina
01 169 Solina Communitv Hall Solina
01 170 Solina Communitv Hall Solina
01 171 Solina Communitv Hall Solina
02 201 Holv Familv Catholic Elementary School Bowmanville
02 202 Holv Familv Catholic Elementary School Bowmanville
02 203 Holv Familv Catholic Elementary School Bowmanville
02 204 Holv Familv Catholic Elementary School Bowmanville
02 205 Clarinoton Central Secondary School Bowmanville
02 206 Clarington Central Secondary School Bowmanville
02 207 Holv Familv Catholic Elementary School Bowmanville
02 208 Clarinoton Central Secondary School Bowmanville
02 209 Clarinoton Central Secondary School Bowmanville
02 210 Baseline Community Centre Bowmanville
02 211 Baseline Community Centre Bowmanville
02 212 Baseline Community Centre Bowmanville
1314
Attachment No. 1 to
Report CLD-017-10
Voting Locations
Ward Poll Location Community
02 213 Baseline Community Centre Bowmanville
02 214 Ontario Street Public School Bowmanville
02 215 Ontario Street Public School Bowmanville
02 216 Baseline Community Centre Bowmanville
02 217 Baseline Community Centre Bowmanville
02 218 Liberty Pentecostal Church Bowmanville
02 219 Libertv Pentecostal Church Bowmanville
02 220 Baseline Community Centre Bowmanville
02 221 Ontario Street Public School Bowmanville
02 222 Libertv Pentecostal Church Bowmanville
02 223 Libertv Pentecostal Church Bowmanville
02 224 Libertv Pentecostal Church Bowmanville
02 225 Trinity United Church Bowmanville
02 226 Ontario Street Public School Bowmanville
02 227 Trinitv United Church Bowmanville
02 228 Trinitv United Church Bowmanville
02 229 Trinitv United Church Bowmanville
02 230 Marnwood Lifecare Centre Bowmanville
02 231 Trinity United Church Bowmanville
02 232 Trinitv United Church Bowmanville
02 233 Rehoboth Christian Reformed Church Bowmanville
02 234 Rehoboth Christian Reformed Church Bowmanville
02 235 St. Stephen's Secondary School Bowmanville
02 236 Rehoboth Christian Reformed Church Bowmanville
02 237 Rehoboth Christian Reformed Church Bowmanville
02 238 St Elizabeth Elementary School Bowmanville
02 239 Rehoboth Christian Reformed Church Bowmanville
02 240 St. Stephen's Secondary School Bowmanville
02 241 St Elizabeth Elementary School Bowmanville
02 242 St Elizabeth Elementary School Bowmanville
02 243 St Elizabeth Elementary School Bowmanville
02 244 St Elizabeth Elementary School Bowmanville
02 245 St. Stephen's Secondary School Bowmanville
02 246 St. Stephen's Secondary School Bowmanville
02 247 St. Stephen's Secondary School Bowmanville
02 248 St. Stephen's Secondary School Bowmanville
02 249 Clarinoton Central Secondarv School Bowmanville
02 250 Kinosway Arms Bowmanville
02 251 Church of Jesus Christ of the Latter Day Saints Bowmanville
02. 252 Church of Jesus Christ of the Latter Day Saints Bowmanville
02 253 Church of Jesus Christ of the Latter Day Saints Bowmanville
02 254 Church of Jesus Christ of the Latter Day Saints Bowmanville
02 255 Church of Jesus Christ of the Latter Day Saints Bowmanville
1315
Attachment No. 1 to
Report CLD-017-10
. Voting Locations
Ward Poll Location Community
02 256 M J Hobbs Senior Public School Hampton
02 257 M J Hobbs Senior Public School Hampton
02 258 M J Hobbs Senior Public School Hampton
02 259 M J Hobbs Senior Public School Hampton
02 260 M J Hobbs Senior Public School Hampton
02 261 Enniskillen Public School Enniskillen
02 262 Enniskillen Public School Enniskillen
02 263 Enniskillen Public School Enniskillen
02 264 Enniskillen Public School Enniskillen
02 265 Enniskillen Public School Enniskillen
03 301 Wheelhouse Rec Hall - Wilmot Creek Newcastle
03 302 Wheelhouse Rec Hall - Wilmot Creek Newcastle
03 303 Wheelhouse Rec Hall - Wilmot Creek Newcastle
03 304 Wheelhouse Rec Hall - Wilmot Creek Newcastle
03 305 Bowmanville Seventh Day Adventist Church Bowmanville
03 306 Maranatha Christian Reformed Church Bowmanville
03 307 Maranatha Christian Reformed Church Bowmanville
03 308 Maranatha Christian Reformed Church Bowmanville
03 309 Maranatha Christian Reformed Church Bowmanville
03 310 Maranatha Christian Reformed Church Bowmanville
03 311 Maranatha Christian Reformed Church Bowmanville
03 312 Maranatha Christian Reformed Church Bowmanville
03 313 Clarington Beech Centre Bowmanville
03 314 Bowmanville Seventh Dav Adventist Church Bowmanville
03 315 Strathaven Ufecare Centre Bowmanville
03 316 Bowmanville Seventh Day Adventist Church Bowmanville
03 317 Bowmanville Seventh Day Adventist Church Bowmanville
03 318 Bowmanville Seventh Day Adventist Church Bowmanville
03 319 Bowmanville Seventh Dav Adventist Church Bowmanville .
03 320 Bowmanville Seventh Day Adventist Church Bowmanville
03 321 Clarington Beech Centre Bowmanville
03 322 Clarington Beech Centre Bowmanville
03 323 Clarington Beech Centre Bowmanville
03 324 John M James Public School Bowmanville
03 325 John M James Public School Bowmanville
03 326 John M James Public School Bowmanville
03 327 John M James Public School Bowmanville
03 328 John M James Public School Bowmanville
03 329 Harold Lonoworth Public School Bowmanville
03 330 John M James Public School Bowmanville
03 331 Harold Longworth Public School Bowmanville
03 332 Durham Christian Hioh School Bowmanville
1316
Attachment No. 1 to
Report CLD-017-1 0
Voting Locations
Ward Poll Location Community
03 333 Harold Lonoworth Public School Bowmanville
03 334 Harold Lonoworth Public School Bowmanville
03 335 Durham Christian Hioh School Bowmanville
03 336 Durham Christian Hioh School Bowmanville
03 337 Harold Lonoworth Public School Bowmanville
03 338 Durham Christian Hioh School Bowmanville
03 339 Durham Christian Hioh School Bowmanville
03 340 Harold Lonoworth Public School Bowmanville
03 341 Tyrone Communitv Centre Tyrone, Hampton
03 342 Tvrone Communitv Centre Tyrone, Hampton
03 343 Tyrone Community Centre Tvrone, Hampton
03 344 Lakeridge Health Bowmanville Bowmanville
04 401 Newtonville Hall Newtonville
04 402 Newtonville Hall Newtonville
04 403 Newtonville Hall Newtonville
04 404 Crossroads Christian Assemblv Newcastle
04 405 Newcastle Public School Newcastle
04 406 Newcastle & District Recreation Complex Newcastle
04 407 Admiral's Walk Clubhouse Newcastle
04 408 Admiral's Walk Clubhouse Newcastle
04 409 Admiral's Walk Clubhouse Newcastle
04 410 Admiral's Walk Clubhouse Newcastle
04 411 Newcastle & District Recreation Complex Newcastle
04 412 Newcastle & District Recreation Complex Newcastle
04 413 Newcastle & District Recreation Complex Newcastle
04 414 Newcastle & District Recreation Complex Newcastle
04 415 Newcastle & District Recreation Complex Newcastle
04 416 Fosterbrooke Lono-Term Care Facility Newcastle
04 417 Newcastle Public School Newcastle
04 418 Newcastle Public School Newcastle
04 419 Newcastle Public School Newcastle
04 420 Newcastle Public School Newcastle
04 421 Clarinoton Public Library Newcastle Branch Newcastle
04 422 Crossroads Christian Assembly Newcastle
04 423 Clarinoton Public Library Newcastle Branch Newcastle
04 424 Clarinoton Public Library Newcastle Branch Newcastle
04 425 Crossroads Christian Assemblv Newcastle
04 426 Crossroads Christian Assembly Newcastle
04 427 Crossroads Christian Assembly Newcastle
04 428 Newtonville Hall Newtonville
04 429 Kendal Communitv Centre Kendal
04 430 Kendal Communitv Centre Kendal
04 431 Durham Countv Senior Citizen Orono
1317
Attachment No. 1 to
Report CLD-017-10
., Voting Locations c.c >
>< .ccc......>. .c cc.C..'
Ward Poll Location CommunitY c.
04 432 Durham County Senior Citizen Orono
04 433 Orono Public School Orono
04 434 Orono Public School Orono
04 435 Orono Public School Orono
04 436 Durham County Senior Citizen Orono
04 437 Kirby Centennial School Orono
04 438 Kirby Centennial School Orono
04 439 Kendal Community Centre Kendal
04 440 Kendal Community Centre Kendal
04 441 Kendal Community Centre Kendal
04 442 Kirby Centennial School Orono
1318
ClaIingron
REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
JUNE 21,2010
Resolution#:
By-Iaw#:
Report#: CLD-018-10 File#:
Subject: APPOINTMENT TO NEWCASTLE MEMORIAL ARENA BOARD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-018-10 be received;
2. THAT Mr. Gordon Blaker be appointed to the Newcastle Memorial Arena Board;
3. THAT an amendment to By-law 2008-040 be approved; and
4. THAT all interested parties listed in Report CLD-018-10 be advised of Council's
decision.
Submitted by:
Reviewed by:
a klin Wu,
;(jt Chief Administrative Officer
PLB/jeg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
1319
REPORT NO.: CLD-018-10
PAGE 2
BACKGROUND
The Clerk's Department has recently been informed of the illness and subsequent
passing of Mr. Eric Gareau, a member of the Newcastle Memorial Arena Board.
Therefore, there is a vacancy on the Board until the end of the term, which is concurrent
with 'the term of Council (i.e. November, 2010).
Mr. Gareau had been appointed by By-law 2008-040 and therefore the appointment of a
new member would require a By-law to amend By-law 2008-040.
Two other persons, who had previously applied for the Board, were contacted. One had
contact information that was no longer valid (and therefore staff was unable to contact
them) and the other was contacted but declined to have their name stand.
Mr. Gord Lee, Chair of the Newcastle Memorial Arena Board, has forwarded the
application of Mr. Gordon Blaker. Mr. Blaker's application has been distributed under
separate cover as confidential Attachment 1 to Report CLD-O 18-10 as it contains
personal information.
RECOMMENDATION
Staff recommends that the Committee consider the application of Mr. Gordon Blaker
and if the appointment is approved, recommend the approval of the draft by-law.
Attachments:
Attachment 1 - CONFIDENTIAL Application of Mr. Gordon Blaker (distributed under
separate cover)
Attachment 2 - Draft By-law to amend By-law 2008-040
Interested Parties:
Gord Lee, Chair of the Newcastle Memorial Arena Board
1320
Attachment 2 to
Report CLD-O 18-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2010 - XXX
Being a by-law to amend By-law 2008-040, a by-law to
appoint Members to the Newcastle Memorial Arena Board.
WHEREAS the Council of the Municipality passed By-law 2008-037, being a
by-law to establish a Municipal Service Board to operate the Newcastle Memorial
Arena; .
AND WHEREAS there has recently been a vacancy created on the Board:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON HEREBY ENACTS AS FOLLOWS:
1. THAT By-law 2008-040 be amended by deleting the name of Eric Gareau;
2. THAT Gordon Blaker be appointed to the Newcastle Memorial Arena Board.
By-law read a first and second time this
day of
,2010.
By-law read a third time arid finally passed this
day of
,2010.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1321
~n REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21,2010
Report #: COD-027 -10
File#_
By-law #
Subject:
SPORT FIELD JOINT USE AGREEMENT
KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-027-10 be received;
2. THAT a joint use agreement between the Municipality of Clarington and
Kawartha Pine Ridge District School Board be approved, as set out in Schedule
"A"; and
3. THAT the By-law marked Schedule "B", attached to Report COD-027-10
authorizing the Mayor and the Clerk to execute the necessary agreement, be
approved.
Submitted by:
Reviewed by: a~
nklin Wu,
.t' Chief Administrative Officer
rie Marano, H.B.Sc., C.M.a.,
Director of Corporate Services
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
1401
REPORT NO.: COD-027-10
PAGE 2
1. BACKGROUND AND COMMENT
1.1. The Municipality of Clarington and the Kawartha Pine Ridge District School
Board have prepared a joint use agreement for use of sports fields in
Clarington during the periods of Monday to Friday, 6:00 PM to dusk and
Saturday and Sunday 8:00 AM to dusk during the months of May 15th to
October 15th, each year. The Board will also have the permitted use of
municipal sports fields during the school term, Monday to Friday, between the
hours of 9 am and 6 pm. The term of the agreement is open ended and
subject to termination by either party effective December 31st in any year by
providing written notice before October 1. A copy of the agreement is
provided as Schedule "A",
1.2. As part of the Terms and Conditions, the Municipality of Clarington would be
responsible for tracking the hours of use for sports fields for both the Board
and the Municipality.
1.3. The Directors of Operations and Finance have reviewed this report and the
agreement and concur with the recommendations. Representatives of
Kawartha Pine Ridge District School Board have reviewed the agreement and
are satisfied with the terms and conditions. They look forward to partnering
with the Municipality of Clarington. Inquiries with respect to this agreement
should be referred to the Director of Operations.
2. INPUT FROM OTHER SOURCES
2.1. This report has been reviewed for recommendation by the Purchasing
Manager, with the appropriate departments and circulated as follows for:
Concurrence: Director of Operations
Director of Finance
1402
REPORT NO.: COD-027-10
PAGE 3
Attachments:
Schedule "A" - Joint Use Agreement
Schedule "B" - By-law
1403
A G R E E MEN T made this
BET WEE N:
day of
,2010
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Municipality"
OF THE FIRST PART
- and -
KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD
hereinafter called the "Board"
OF THE SECO NO PART
WHEREAS the Board and the Municipality have agreed that each may make
certain use of sports fields owned by the other, on terms and conditions
hereinafter contained;
AND WHEREAS the parties shall meet in September of each year to review field
allocations, capital works initiatives and any other issues in relation to this
agreement;
NC?W THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. (a) Subject to subparagraphs (b) and (c), the Municipality shall have the use of the
sport fields owned by the Board at the above specified locations and identified in
Schedule "An attached hereto, from May 15 until October 15, from 6:00 p.m. until
dusk, Monday to Friday, and 8:00 a.m. until dusk, Saturday and Sunday.
(b) The Municipality agrees to provide notice in writing to the Board, on or before the
2nd week in May in each year of the days and times the Municipality wishes to
use the Board's sports fields.
(c) The Municipality acknowledges that, notwithstanding the rights granted to the
Municipality herein, the Board may schedule special events on any sport field
owned by the Board during a period for which use has been granted to the
Municipality under this agreement, by providing at least five (5) calendar days
H:\LEASES - AGREEMENTS\Kawartha Pine Ridge District School Board\KPRDSB Joint Use Agreement 2010 - FinaLdoc
Schedule "A"
1404
-2-
written notice to the Municipality and the Municipality will yield to such special
events.
(d) The Board and the Municipality acknowledge that the party's sport fields may be
unavailable due to inclement weather, major renovations or repairs, or prior
scheduled activities.
2. (a) Subject to subparagraphs (b) and (c), the Board shall have the use of the sports
fields owned by the Municipality and identified in Schedule "B" attached hereto,
from 9:00 a.m. to 6:00 pm., Monday to Friday, during the school term.
(b) The Board shall submit to the Municipality a request in writing with respect to
any intended use of the Municipality's sport fields, which request shall be
granted, subject to availability and a permit will be issued for this use.
(c) The Board acknowledges that, notwithstanding the rights granted to the Board
herein, the Municipality may schedule special events on any sport field owned by
the Municipality during a period for which use has been granted to the Board
under this agreement, by providing at least five (5) calendar days written notice
to the Board and the Board will yield to such special events.
(d) The Board and the Municipality acknowledge that the party's sport fields may be
unavailable due to inclement weather, major renovations or repairs, or prior
scheduled activities.
3. (a) The Municipality shall be responsible for all scheduling of activities, issuing of
permits, and liaison with community sport organizations with respect to the
Municipality's use of the Board's sport fields.
(b) The Municipality shall be responsible for tracking the hours of usage of sports
field by both the Board and the Municipality.
4. The sport fields are only to be used for educational, athletic and/or recreational
purposes consistent with the design and use of the sport field. Where there is a conflict
for use of the fields the preference or first rights will fall to youth sports. However,
under no circumstances shall use include activities that will damage the sports field.
H:\LEASES - AGREEMENTS\Kawartha P,ne Ridge D,s!rrct School BoardlKPRDSB Joint Use Agreement 2010 - FinaLdoc
Schedule "A"
1405
-3-
Use of the sport fields shall include the use of sports fixtures (e.g. screens, goal posts)
and washrooms, where applicable, when weather permits them to be functional, but
does not include the use of sports equipment chattels ( e.g. nets, bags, balls, bats).
5 Each party shall ensure that, when it is making use of sport fields owned by the other
party, garbage is placed in appropriate containers and not left strewn around the sport
field. The provision of adequate containers for garbage and the employing of same is
the responsibility of the owner.
6. The Municipality and the Board agree that neither party will pay any charge to the other
party with respect to the use of the sport fields, pursuant to this agreement.
7. The Municipality and the Board agree that each party shall be responsible for the field
maintenance of its own sport fields. Each party, at its own expense, agrees to maintain
its own sport fields throughout the year, including maintenance, grass cutting and repair
of damage, as required.
8. The Municipality and the Board agree to notify the other promptly in the event that any
sport fields listed in Schedule A" and "B" hereto are to be unavailable due to inclement
weather, major repairs or renovations.
9. When using sports fields of the other party, each party agrees:
(a) To provide adequate supervision for the participants and spectators to ensure
those activities are safely carried out and vandalism prevented.
(b) Any loss, injury or potential claim is to be reported in writing to the owner of the
sport field on the day of the occurrence or the next day the head office of the
Municipality or the Board is open.
(c) Abide by all of the rules, regulations and policies of the owner of the sport field.
10. Each of the parties agrees to indemnify and hold harmless each of the other Parties, its
employees, servants and agents against any and all liability, loss, damages, costs,
H:ILEASES - AGREEMENTSIKawartha Pine Ridge District School BoardlKPRDSB Joint Use Agreement 2010 - FinaLdoc
Schedule "A"
1406
- 4-
expense or claims which may arise as a result of that Party's negligence arising out of
the use of the sport field.
11. The owner of the sport field shall arrange and maintain, at all times, adequate
insurance coverage to protect both parties. Each party agrees to advise their
respective insurers of the usage contemplated by this agreement, and to name the
other party as an additional insured. Each party further agrees to sign any
documentation reasonably required by the respective insurers to ensure both parties
are protected, and to provide each other with a certificate of insurance.
12. Any matter in difference between the parties in relation to this agreement shaH be
resolved by the Board and the Municipality. If the parties cannot resolve the difference
each of the said parties shall appoint one arbitrator and the arbitrators shall meet and
appoint a third arbitrator as Chairperson before they enter upon the business
arbitration. The appointment, award and determination of the arbitrator, or the majority
of the arbitrators, as the case may be shall be binding upon both parties and their
respective heirs, executors, administrators and assigns. If either of the parties and / or
their respective arbitrators do not proceed expeditiously to resolve the difference within
thirty (30) days of the naming of the first arbitrator, it is hereby agreed that the party not
proceeding expeditiously in good faith shall be responsible for all costs including all
resultant legal fees for both parties.
13. The Municipality covenants with the Board as follows:
(a) The Board can obtain permits at no charge for the use of any Municipal sports
field if available during normal school hours with five (5) days prior notice. The
Municipality reserves the right to provide verbal notice to the school for fields that
are out of play due to inclement weather or other Municipal or special events.
(b) To refrain from erecting any permanent structure of whatever kind upon the
leased land; and
(c) The use of playground play units and splash pads in Municipal parks will not be
allowed unless special permission/permit is granted during normal school hours.
H:\LEASES - AGREEMENTS\Kawartha Pine Ridge Distnct School Board\KPRDSB JOint Use Agreement 2010 - Final.doc
Schedule "A"
1407
-5-
14. The Board covenants with the Municipality as follows:
(a) To refrain from erecting any permanent structure of whatever kind upon the
leased land.
15. (a)
The Board reserves the right in its sole discretion to remove any school from the
list of shared facilities in this Agreement if the Board has deemed the school as
surplus to its needs and the Board has decided to dispose of the school site as
specified by the Education Act and related regulations, as amended from time to
time, or the Board has decided to demolish the facility.
(b) The Municipality reserves the right in its sole discretion to remove any park from
the list of shared facilities in this Agreement if the Municipality has deemed the
park as surplus to its needs and the Municipality has decided to dispose of the
park site as specified by Council, or the Municipality has decided to demolish or
repurpose the land.
16. Written notification to the parties shall be sufficiently delivered to the parties if mailed by
prepaid registered mail to the Municipality at:
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L 1 C 3A6
Attention: Purchasing Manager
Facsimile Number: 905-623-3330
Or to such other address as the Municipality may advise the Board by notice in writing;
and to the Board at:
1994 Fisher Drive
P.O. Box 7190
Peterborough, ON K9A 7A1
Facsimile Number: 705-742-7801
Attention: Facsimile Number: 705-760-8656
17. Either party may terminate this agreement as of December 31 st in any year, by
providing written notice to the other party on or before October 1 st of the same year.
H:\LEASES - AGREEMENTS\Kawartha Pine Ridge District School BoardlKPRDSB Joint Use Agreement 2010 - Final.doc
Schedule "A"
1408
- 6-
18. This agreement and everything contained herein shall be binding upon the parties
hereto and their respective successors and permitted assigns.
SIGNED, SEALED AND DELIVERED )
in the presence of: )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
THE CORPORATION OF THE
MUNICIPALITY OF ClARINGTON
Jim Abernethy, Mayor
Patti Barrie, Municipal Clerk
KAWARTHA PI NE RIDGE DISTRICT
SCHOOL BOARD
Name: W. R. (Rusty) Hick
Office: Director of Education
Name: J.R. Lawrence
Office: Superintendent, Business &
Corporate Services
HILEASES ~ AGREEMENTSIKawartha Pine Ridge District School BoardlKPRDSB JOint Use Agreement 201 0 ~ Final.doc
Schedule "A"
1409
- 7-
Schedule "A"
SCHEDULE "An
Kawartha Pine Ridge District School Board
Community Use of District School Board Fields - as. of June 2010
Field Davs, Times Dates User
Bowmanville HS
Football/Soccer Field
Tennis Courts
CentralP5
Baseball Diamond
Clarington Central SS
Track
Soccer/Football Field
Vincent Massey PS
Ball Diamond
Courtice North PS
Baseball Diamond
Courtice 55
Football/Soccer Field
Track
Tennis Courts
Dr.GJ MacGillivary PS
Soccer Pitch
Lydia Trull PS
Jr. Soccer Pitch
Enniskillen PS
Baseball Diamond
M J Hobbs PS
Baseball Diamond
Track
Clarke HS
Track
Soccer Pitch
Kirby PS
Baseball Diamond
Newcastle PS
Tennis Courts
Soccer Pitch
Baseball Diamond
Orono PS
Jr. Soccer x 2
The Pines PS
Baseball Diamond
Soccer Pitch
NOTE: ELEMENTARY SCHOOL FACILITIES SUITABLE FOR PRACTICE ONL Y. MINIMAL
MAINTENANCE PROVIDED.
H:\LEASES - AGREEMENTS\Kawartha Pine Ridge District School Board\KPRDSB Joint Use Agreement 201 0 - Flnal.doc
1410
SCHEDULE "B"
Municipality of Clarington - Operations Department
Parks Division
2010
Facility/Park Diamond Soccer Lights Pennlts Tennis Basket Playground Washroom Splash
MaD# Y=Youth M=Mlni J..Junior A=Adult Field Required ball On Site Pad
103 Courtice Memorial Park 1M X
105 Courtice Community Complex 1M X X
113 Courtice South Arena 1A X X X X
106 Courtice West Park 1A X X
107 DartinQton Hvdro Fields 9M2A 2X X X X
112 Hiahland Park 1Y 1M X X X
115 Penftiund Park 1A 1M X X
122 Roswell Park 1A 1M X X X X
118 Stuart Park 1A X X X X
120 Zion Park 1M1A X X
Ward 2
Facility/Park Diamond Soccer Lights Pennlts Tennis Basket Playground Washroom Splash
MaD' Y=Youth M=Mlni J.Junlor A=Adult Field Reaulred ball On Site Pad
201 Araent Park 1A X X
202 Baseline Park 1A X X
Baxter Park (2009) 1A X X X
205 Clarington Fields 4A 1F 2A 5X X
4M
203 Bowmanville Memorial Park 2A X(1) X X X X
204 Burketon Park 1A 1A 1M X X
206 Dariinaton Soorts Centre 1A X
208 Elliott Memorial Park 1A X X X
226 Green Park 1A X X X X
217 Lord EIQin Park 2A X X X X
224 Ootimist Park tWavertev Rd) 1Y 2M1A X X X
219 Rhonda Park 1Y X X --
222 Gamet B. Rickard Recreation 2A X X X X
Complex
225 Westside Drive Park 1A X X .L-
--
Ward 3
FacllltylPark DIamond Soccer Lights ,::nits Tennis Basket Playground Wllhroom Splash
MaD' y=youth M-Mlnl J..Junlor A=Adult FIIId ull'lCl bill On SIte Pad
~. Elephant Park 2Y X X ..
.
316 Guiklwood Park 1A X X X X X ..
311 Longworth Park 1A X X .--
312 Mearns Park 1M X X
313 Sooer Creek Park 1A X X X X X
314 ivrone Park .. 1A 1Y X
1M2A X X
Ward 4
-. FacllltylPark Diamond Soccer Lights Pennlts Tennis Basket Playground Wllhroom Splash
MaD' Y=Youth U....ini J..Junlor A=Adult FIIId RMUII'lCl bill On SIte Pad
405 Edward Street Park 1Y X X
413 Newcastle Memorial Park 1M X
418 Orono Park 1AY X X X X X X X
410 Pearce Farm Park 1M X X X X
412 WalbridQe Park 1A X X X
Total 27 45 12 5 13 8
Ward 1
Permit Information: Contact (905) 263.2291 ext 527
1411
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1413
Schedule "B"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2010-
Being a By-law to authorize the execution by the Mayor and Clerk
of an Agreement between the Corporation of the Municipality of
Clarington and Kawartha Pine Ridge District School Board for the
use of Sports Fields.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOllOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, an
agreement with Kawartha Pine Ridge District School Board to implement the
recommendations contained in Report COD-027 -10; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and 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
1414
~ REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21,2010
Resolution#:
By-laW#: N/A
Report#: COD-030-10 File#:
Subject: CO-OPERATIVE TENDER NO. T -279-2010 - DELIVERY OF SODIUM
CHLORIDE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-030-10be received;
2. THAT Shepstone Haulage Limited, Port Perry, Ontario, with a total bid price of
$25,471.55 (net of H.S.T. rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of the Co-operative Tender T-279-201 0, be
awarded the contract to deliver approximately 9,100 tonnes of sodium chloride, as
required by the Municipality of Clarington Operations Department;
3. THAT pending satisfactory pricing and service and approval by the Durham Purchasing
Co-operative, the contract be extended for a second, third, fourth and fifth year; and
4. THAT the funds expended be drawn from the Operations Department Winter
Control/Sanding/Salting Miscellaneous Operating Supplies Account 100-36-383-10295-
7112.
Submitted by:
Reviewed by:
ane Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
ranklin Wu,
~ Chief Administrative Officer
MM\JDB\bh
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
1415
REPORT NO.: COD-030-10
PAGE 2
1.0 BACKGROUND AND COMMENT
1.1 A tender for the Delivery Sodium Chloride was issued on a co-operative basis with
the Municipality of Clarington, City of Oshawa, City of Pickering, City of
Peterborough, City of Kawartha Lakes, County of Peterborough, Town of Ajax, Town
of Whitby, Township of Scugog, Township of Uxbridge, Township of Havelock-
Belmont-Methuen, Township of Duro-Dummer, Township of Smith-Ennismore,
Township of Asphodel-Norwood, Township of Cavan-Millbrook-North Monaghan and
the Region of Durham participating. The host agency for the tender call was the
Region of Durham.
1.2 The tender was publicly advertised and called for bids for the Delivery of Sodium
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 delivery of sodium chloride on
an as required basis for a one year term with the option to extend for four additional
years.
2.0 ANALYSIS
2.1 Bids were received from Shepstone Haulage Limited, Port Perry, Ontario, TH
Forsythe Haulage Limited, Pickering, Ontario, Glen Windrem Trucking,
Peterborough, Ontario and Buckham Transport Limited, Peterborough, Ontario.
2.2 The Region of Durham has recommended awarding each section of the tender to the
low compliant bidder (i.e., Sections A1 to A16 inclusive).
2.3 The Municipality of Clarington is represented under Section A-8 of the tender.
1416
REPORT NO.: COD-030-10
PAGE 3
2.4 The low bid for the Municipality of Clarington is Glen Windem Trucking, Peterborough,
Ontario for the delivery of sodium chloride. The Region of Durham's Legal
Department advised that the low bid was noncompliant as there was an addition
error which coulq not be corrected.
2.5 The low compliant bid for the Municipality of Clarington is Shepstone Haulage Limited,
Port Perry, Ontario for the delivery of sodium chloride.
. 2.6 Shepstone Haulage Limited, Port Perry, Ontario has 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 Winter Control/Sanding/Salting Miscellaneous Operating
Supplies Account 100-36-383-10295-7112.
3.2 The first year contract based on the estimated usage of 9,100 tonnes annually is
$25,471.55 (net of H.S.T. rebate) respectively, as per Schedule "A" attached.
3.3 The tendered unit price average for 2010 from Shepstone Haulage Limited, Port
Perry, Ontario, reflects approximately a 17% increase over the 2009 unit price.
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 Shepstone Haulage Limited, Port Perry, Ontario be
recommended for the contract for the delivery of sodium chloride for a one year term
with the option to extend annually for up to four additional years.
1417
REPORT NO.: COD-030-10
PAGE 4
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
1418
REPORT NO.: COD-030-10
PAGE 5
Schedule "A"
Bid Summary
Co-Operative Tender T-279-2010
BIDDER SHEDULE A
DELIVERY OF SODIUM CHLORIDE
Municipality of Clarington Estimated
Consumption
1 Year Requirement 9,100 tonnes
Shepstone Haulage Limited $24,464.12
Port Perry, ON
TH Forsythe Haulage Limited $25,471.55
Pickering, ON
Buckham Transport Limited $29,454.43
Peterborough, ON
~Ien Wind rem Trucking REJECTED*
Peterborough, ON
*non-compliant bid for Section A-8 Clarington
All prices are net of H.S.T. rebate.
1419
~ REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21, 2010
Resolution#:
By-laW#: N/A
Report#: COD-031-10 File#:
Subject: CO-OPERATIVE TENDER NO. T -282-2010 - SUPPLY & DELIVERY OF
WINTER SAND
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-031-10 be received;
2. THAT Kovac Sand and Gravel Limited, Port Perry, Ontario, with a total bid price of
$89,370.72 (net of H.S.T. rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of the Co-operative Tender T-282-201 0, be
awarded the contract to supply and deliver approximately 13,500 tonnes of winter sand,
as required by the Municipality of Clarington Operations Department;
3. THAT pending satisfactory pricing and service and approval by the Durham Purchasing
Co-operative, the contract be extended for two additional one year terms; and
4. THAT the funds expended be drawn from the Operations Department Winter
Control/Sanding/Salting Miscellaneous Operating Supplies Account 100-36-383-10295-
7112.
Submitted by:
Reviewed by:
~
an in Wu,
Chief Administrative Officer
M Ie arano, H.B.Sc., C.M.O.,
Director of Corporate Services
f
MM\JDB\bh
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
1420
REPORT NO.: COD-031-10
PAGE 2
1.0 BACKGROUND AND COMMENT
1.1 A tender for the Delivery Sodium Chloride was issued on a co-operative basis with
the Municipality of Clarington, City of Oshawa, City of Pickering, Town of Whitby,
Township of Scugog and the Region of Durham participating. The host agency for
the tender call was the Region of Durham.
1.2 The tender was publicly advertised and called for bids for the Supply and Delivery of
Winter Sand 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 winter
sand 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 Kovacs Sand and Gravel, Pontypool, Ontario, Vicdom Sand
and Gravel Limited, Uxbridge, Ontario, Lafarge Canada, Incorporated, Stouffville,
Ontario, CDR Youngs Aggregate Inc., Pontypool, Ontario and Brock Aggregates
Inc., Concord, Ontario.
2.2 The Region of Durham has recommended that each co-operative member award to the
low compliant bidder for their location.
2.3 The low bid for the Municipality of Clarington is Kovacs Sand and Gravel, Pontypool,
Ontario for the supply and delivery of winter sand.
2.4 Kovacs Sand and Gravel, Pontypool, Ontario has previously performed satisfactorily
for the Municipality of Clarington.
1421
REPORT NO.: COD-031-10
PAGE 3
3.0 FINANCIAL
3.1 Funds required to complete the purchases of the required products are provided in
the Operations Department Winter Control/Sanding/Salting Miscellaneous Operating
Supplies Account 100-36-383-10295-7112.
3.2 The first year contract based on the estimated usage of 13,500 tonnes annually is
$89,370.72 (net of H.S.T. rebate), as per Schedule "A" attached.
3.3 The tendered unit price average for 2010 from Kovacs Sand and Gravel, Pontypool,
Ontario, reflects approximately a 2.1 % decrease over the 2009 unit price average.
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 Kovacs Sand and Gravel, Pontypool, Ontario be
recommended for the contract for the supply and delivery of winter sand.
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
1422
REPORT NO.: COD-031-10
PAGE 4
Schedule "A"
Bid Summary
Co-Operative Tender T -282-2010
BIDDER SUPPLY & DELIVERY OF WINTER SAND
Municipality of Clarington
Estimated Requirements
1 Year Requirement 13,500 tonnes
Kovacs Sand & Gravel $89,370.72
Pontypool, ON
CDR Young's Aggregates Inc. $96,824.64
Pontypool, ON
Lafarge Canada Inc. $99,821.47
Stouffville, ON
Brock Aggregates Inc. $148,060.80
Concord, ON
Vicdom Sand and Gravel Limited No bid for Municipality of Clarington location
Uxbridge, ON
All prices are net of H.ST. rebate.
1423
a~n REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date:
June 21, 2010
Resolution#:
By-laW#: N/A
Report#: COD-033-10
File#: N/A
Subject: 2007/2008/2009 ARBITRATION AWARD FOR THE COLLECTIVE
AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON AND CLARINGTON PROFESSIONAL FIRE FIGHTERS
ASSOCIATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-033-10 be received;
2. THAT the Arbitration Award (Attachment #1) issued by Arbitrator Kevin Burkett
be implemented as directed and be incorporated as appropriate into the
2007/2008/2009 Collective Agreement between the Municipality of Clarington
and the Clarington Professional Fire Fighters Association, Local 3139;
3. THAT the Award amendments are to be applied effective, as soon as reasonably
possible, or the first of the month following Council approval of the report
adopting the Award, unless otherwise specified in the Award under Attachment
#1; and
4. THAT the appr riate by-law be forwarded to Council for approval.
,/''\ 0' n ~. ~
Submitted by: Reviewed by: U ~--.l .
Marie Marano, H.B.Sc., C.M.O., Franklin Wu
Director of Corporate Services/ Chief Administrative Officer
Human Resources
On Behalf of the Municipality of Clarington Negotiation Team:
Marie Marano (Chair) Lisa Wheller
Franklin Wu Mark Berney
Gord Weir Bill Hesson
MM/gj
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1424
REPORT NO.: COD-033-10
PAGE 2
BACKGROUND AND COMMENT
1.0 The Award Report
The Arbitration award report is presented in open forum following legal advice that
all documents are public thereby restricting ability to maintain the results
confidential in a closed meeting.
2.0 History 1989 to 2006
2.1 The Clarington Professional Fire Fighters Association, Local 3139 is a relatively
young Local having their first collective agreement in 1989. The collective
bargaining relationship between the Clarington Professional Fire Fighters
Association and the Municipality of Clarington has historically (since 1992) been
. that the Association has proceeded to interest arbitration, except for the years 1993
to 1995 when the Social Contract Act intervened and the subsequent year 1996
when a rollover agreement was accepted. The award of Arbitrator Mitchnick for
2000-2003 maintained a gap in comparator compensation end rates in order to
encourage true negotiations; as he noted in the award that he was hopeful his
award would help the parties "break the cycle and conclude the next round of
bargaining on their own". Efforts between both parties resulted in a freely
negotiated settlement of a collective agreement for the term of 2004, 2005 and
2006.
3.0 Fire Negotiations 2007, 2008 & 2009 - Chronology
3.1 The current Fire Fighters' Association collective agreement expired on December
31,2006. Negotiation meetings began shortly thereafter in March and April 2007.
Following a breakdown of negotiations due in large part to the Association's refusal
to discuss any change to the sick leave options for future employees only, while
maintaining existing employee plans unchanged, in exchange for 3/6/9 and
significant wage increases, the Association referred the matter to the interest
arbitration process. The recognition pay for payment based on years of service: 3%
for 8 years, 6% for 17 years and 9% for 23 years, was part of the Municipality's
original offers in essentially the same phased format awarded by the Arbitrator,
because recognition pay has become the norm in the industry.
3.2 While waiting for the mediation/arbitration dates, in anattempt to foster positive
negotiations, staff met with the Association again in January and November 2008.
In January 2008 the wage offer on the table was 3.5% for each of January 1, 2007,
January 1, 2008, and January 1, 2009, in addition to 3/6/9. 2010 was also offered
at 3.0%. These offers were declined by the Association.
1425
REPORT NO.: COD-033-10
PAGE 3
3.3 Mediation, required by the legislated process, took place on March 11, 2009 with
Mr. Kevin Burkett. The Mediator suggested that if there was some modification to
the sick leave proposal there was a possibility that Association might participate in
the resolution of the mediation. Through the Municipality's legal counsel Hicks
Morley, the modified sick leave proposal which provided a graduated payout for
unused days was presented, along with 3/6/9 and the 3.5% for each of the contract
years, however the offer was once again declined.
3.4 In an earnest effort to avoid the cost of arbitration, the Municipality entirely deleted
the sick leave article from the offer on the table, and this was also declined with the
Association's response outlining wage requests of 4.7%,3.% and 3% in addition
to 3/6/9 and benefits. There was also reference to a "me too" clause to match the
percentage increase for Durham Regional Police. The Arbitration issue list was
also complicated by their inclusion of an outstanding grievance dealing with an
infringement into management rights by dictating the responsibilities attached to a
maintenance/training position. With their refusal, the process then moved to formal
Arbitration.
3.5 The Arbitration date was set for April 7, 2009. Staff with Hicks Morley and the
Municipal nominee Ms Brenda Glover attended at the Arbitration location; however
the Arbitrator advised late in the day, that he was unable to attend due to an
ongoing arbitration which carried over into the Clarington scheduled date.
4.0 Interim Award
4.1 Notwithstanding there had been no formal meeting for presentation of the issues,
the Arbitrator issued an interim award on April 30th 2009 to start the wage increase
at 3% for each of 2007 and 2008. Report COD-36-09 authorized implementation of
the interim Award issued by Mr. Burkett, within the imposed 30 day compliance
time frame.
5.0 Meeting Following the Interim Award
5.1 The delay in the Arbitration process, through no fault of either party, seemed to be
ongoing, therefore in a further effort to resolve negotiations and avoid Arbitration,
staff again met with the Association on September 10, 2009. This offer maintained
the 2007 and 2008 rates at 3.5% and kept the sick amendment off the table, but
reduced the 2009 wage to 2.5% end rate to reflect the economic climate and the
particular budget shortfall experienced by Clarington.
6.0 Council Updated
1426
REPORT NO.: COD-033-10
PAGE 4
-
6.1 Council has been updated on a regular basis regarding the status of the
negotiations as they have proceeded to date.
7.0 Arbitration Hearing and Award
7.1 The arbitration hearing took place on January 2ih 2010, and the resulting Interest
Arbitration decision by Mr. Burkett was issued June 4, 2010 awarding the following:
7.2 To the Association:
a. Waoes
The award dictates the rate for a First Class Firefighter as it ties to the other
positions on the grid. The following table shows the award wages with the
represented percentage increase. It also shows the percentage recommended
by the Municipality to the Arbitrator at the hearing in January 2010, and the
request from the Association to the Arbitrator. The Captain position is paid at
115% of a First Class Firefighter; both wage rates are identified below, as they
reflect the highest paid Association positions. All rates are presented without
consideration of any overtime, which would be in addition to the amounts
identified in the table. The retroactive payment for all compensation must be
paid out within 60 days of the date of the award.
posmON IMPACT
First Class Fire Fig hter { Without Overtime} CAPTAIN
Year JJ5%ofRrsf
AWARD Town Fire Request, Class
Proposed
2006 Base 70,392 % J~n.2010 % Amount 80,95 1
2007, January 1 72,924 3.60% 3.5 4.7 73,712 83~863
2008, January 1 75,549 3.60% 3.5 3.2 76,037 86~88J
------
2009, January 1 78,298 I I 90~O43
3.64% I 1.0 I 3.0 78,334
[Municipal Proposed Split - July 1 ,December 31, I I .
I I
2009 at Arbitration Jan.20 1 01 I 1.5 I
End Rate Increase ( 2009/2006) 11.23% ---~~-I 11.28 11.23%
b. Recoonition Pay 3 % /6% / 9% at 8 /17 /23 Years:
Recognition pay is awarded by the Arbitrator on a phased in basis for 2007 and
2008, with full implementation for January 1, 2009. The payment is made to
employees based on years of Fire service. It is important to note that the
Municipality requested certain criteria for eligibility to recognition pay, including
1427
REPORT NO.: COD-033-10
PAGE 5
medical testing to ensure ability to perform the job, however it was awarded
without any restrictions, and payment will be implemented at 3 % for 8 years of
service, 6% for 17 years of service, and 9% for 23 years of service. The
recognition pay is applied to the base rate such that it is not compounded ( ie at
17 years, the 6 % is applied to the base salary, not on top of the 3% payment
being received from 8 to 17 years of service). The First Class Fire rate is the
base for all positions, and that amount is given to all positions equally, consistent
with the recognition application in the Durham Area Municipalities. Recognition
pay is required to be calculated and included with the hourly rate which results in
recognition pay increases applied on top of premium overtime rates.
The following chart outlines the impact of 3% 6% 9% recognition pay on the First
Class and Captain positions. Both receive the same amount as the pay is in
recognition of years of service, and is not attached to the position rate.
3/6/9 IMPACT on POSITIONS For 2009
POSITION
2009 RATE
3%at8
Years
6% at 17
Years
9 % at 23
Years
2009 End Rate
After 9%
2009/2006
First Class
[2006 $70,392)
$
78,298 $
80,647
$ 82,996
First Class = Base. All
Positions
$. .2,349
Captain $
[2006 $80,951)
90,043 $ 92,392 $ 94,741
Note: Rates are Base Wages without consideration of any Overtime. OVERTIME IS PAID OUT AT THE HOURLY
RATE INCLUSIVE OF THE 3/6 or 9%, AND THEN THE PREMIUM RATE OF 1.5 TIMES HOURLY RATE /S APPLIED,
THEREBY INCREASING THE OVERALL RATE.
Overtime rates on the above positions including 3/6/9 will translate to the
following:
Base Salary Hourly Base Hourly Plus Hourly Plus Hourly Plus
2184 Hrs/Yr 3% 6% 9%
Captain $ 90,043 $ 41.23 $ 42.30 $ 43.38 $ 44.45 $ 66.68
FI rst $ 78,298 $ 35.85 $ 36.93 $ 38.00 $ 39.08
Class $ 58.62
1428
REPORT NO.: COD-033-10
PAGE 6
c. Benefits
The Arbitration Award increased some of the current benefits, the cost of which
will be reflected in premiums paid by the Municipality. The benefit provider has
been requested to implement the changes effective June 4th.
er 24 Months
- one time -50% to max
$ 25,000 $ 20,000
$ 6,000 $ 4,000
$ 350 $ 300
$ 400 $ 300
$ 1,000 n/a
5 weeks/ 18 Years 5 weeks/ 19 Yrs
Child Life Insurance
Paramedical (Physiotherapy, Massage
Therapy, Speech, Chiropractor etc)
Vacation
8.0 To the Municipality:
8.1 The Municipality submitted approximately 16 items to the Arbitrator for
consideration. There were a few requests for increased efficiency, such as use
of the Volunteers on a temporary basis to eliminate overtime for long periods of
absence of Full Time Fire Fighters on maternity or sick leave, and amending the
hours of work in the Prevention division. Requests also included medical
references and establishing a maintenance/training position as noted above, the
removal of wording that is not applicable ( ie CPP reference). Since the sick
leave payout option was removed from the table at the recommendation of the
Arbitrator in mediation, there were very few proposals that offered any offset to
the extreme costs of the 3/6/9 implementation and the prevailing economic
conditions, other than the requested split in the 2009 wages. Of the 16 requests
from the Municipality the Arbitrator awarded as follows:
1. Dispatch Service - Future Contracting Out.
The Municipality is permitted to contract out dispatch operations in
future provided no firefighter is laid off and employees are absorbed
into full time fire service. The Municipal proposal was to reserve the
right for future contracting out, with a commitment to retaining the
existing employees, therefore this is not considered a material
concession or award, particularly considering there would be
considerable cost attached to payment for contracting out dispatch
services. .
1429
REPORT NO.: COD-033-10
PAGE 7
2. Implementation of 3/6/9
The Municipal proposal set full implementation of 3/6/9 by July 1, 2008
in keeping with the timeframes of the area municipalities. The
Arbitrator implemented full 3/6/9 six months later, at January 1, 2009,
the savings being relatively insignificant in light of the total
compensation impact.
8.2 The Municipal nominee's dissenting opinion is attached at the end of the award.
It accurately notes the award as providing increases up to 21.2 percent to 23
year employees, with essentially no benefit in cost reduction or increase in
efficiency to the Municipality.
9.0 Financial Implication:
9.1 The Municipality has been including estimates in each of the annual budgets
covering the contract years, totaling approximately $800,000 to account for the
impact related to the Fire Collective agreement. The impact of the award and
associated costs including legal, are covered within the budget provision.
10.0 2010 Collective Agreement
10.1 The Arbitration Award covers the collective agreement years up to 2009. The
Municipality offered to include 2010 into consideration during the recent
negotiations, however it was not agreed by the Association. The 2010
negotiations will begin when dates can be scheduled in the fall.
Attachments:
Attachment 1 - Award of Arbitrator Kevin Burkett for 2007,2008,2009
1430
ATTACHMENT #1
IN THE MATTER OF AN ARBITRATION
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(lithe Employer")
AND:
THE CLARlNGTON FIRE FIGHTERS' ASSOCIATION, IAFF LOCAL 3139
("the Association")
IN THE MATTER OF:
RENEWAL COLLECTIVE AGREEMENT
BOARD OF ARBITRATION:
Kevin M. Burkett
Brenda Glover
Sean McManus
- Chair
- Employer Nominee
- Association Nominee
APPEARANCES FOR EMPLOYER:
Michael Kennedy
David Ross
Franklin Wu
Marie Marano
Lisa Wheller
Gordon Weir
Bill Hesson
Mark Berney
- Counsel
- Counsel
- Chief Administrative Officer
- Director Corporate Services
- Human Resources Supervisor
- Fire Chief
- Deputy Fire Chief
- Deputy Fire Chief
APPEARANCES FOR ASSOCIATION:
Ed Dickson
Bob McCutcheon
Gary Dusseldorp
Ron Klosinski
Nck Vanderkooi
Marc Ladouceur
- IAFF Advocate
- Local 3139 Negotiation Committee Chairman
- Local 3139 President
- Local 3139 Negotiation Committee Member
- Local 313 9 Negotiation Committee Member
- Local 3139 Negotiation Committee Secretary
1431
We have been appointed under the Fire Protection and Prevention Act to
adjudicate upon the issues that remain in dispute between the parties in respect of the
negotiation of a renewal collective agreement to the collective agreement between
them that expired December 31, 2006. There is no dispute with respect to our
authority in this regard.
The Municipality of Clarington has a population of approximately 80,000 and
is in the Regional Municipality of Durham, which is located immediately east of the
Municipality of Metropolitan Toronto. The Regional Municipality of Durham also
includes the City of Pickering, the Town of Ajax, the Town of Whitby and the City of
Oshawa. Each of these municipal entities has its own fire service. The Municipality of
Clarington has a composite fire department with five stations that employ 54
professional fire fighters and 125 volunteer fire fighters.
The issues that are referred to this Board, following direct two-party
negotiations and mediation, are as follows:
· Wage increase
· Recognition pay for suppression, prevention and dispatch employees
· Dispatch wage rate
· Increase in benefits: vision, spouse and child life insurance, paramedical
servIces
· Eliminating per diem and vehicle kIn reimbursement for attendance at
Fire College
1
1432
· Creation of maintenance/training position
· Use of volunteers for temporary vacancies
· Contracting out dispatch services
· Amending hours of work for fire prevention
· Sick leave plan for employees hired after January 1, 2009
· Extending elimination period for non-municipal L TD
· Requiring fire fighters to pass annual age appropriate fitness and medical
tests
· Ability of fire chief to modify hours of work
· Loss of seniority for licence violations
· Prohibition of lateral transfers
· Deletion of Promotions - New Rank clause
· Changing employee ability to choose to return within a promotional trial
period
· Limiting vacation in prime time
· Deletion of reference to Canada Pension Plan
· Vacation entitlement
· Payment for lieu days
· Minimum staffing and captains on each vehicle
· Grievance language
· Paid duties
2
1433
· Promotions policy
Under section 50.5 of the Fire Protection and Prevention Act, the Board is
obligated and has taken the following criteria into consideration:
i) the Employer's ability to pay in light of its fiscal situation;
ii) the extent to which services may have to be reduced, in light of the
decision, if current funding and taxation levels are not increased;
iii) the economic situation in Ontario and in the municipality;
iv) a comparIson, as between the fire fighters and other comparable
employees in the public and private sectors, of the terms and conditions
of employment and the nature of the work performed;
v) the Employer's ability to attract and retain qualified fire fighters.
In assessing the merits of the various issues, we have applied the long accepted
interest arbitration principles of demonstrated need, total compensation and
comparability/replication. The demonstrated need principle applies primarily to non-
3
1434
monetary issues. This principle directs an interest arbitrator to give effect to those
suggested amendments that address real problems in the relationship or in the
administration of the collective agreement. Conversely, the principle inhibits an
interest arbitrator from amending the agreement where the demand is not reflective of
a real issue that exists between the parties. In this case, there are a number of non-
monetary demands filed by the Employer that are not addressed in our award because
they are not supported by the required demonstrated need.
The economic issues have been determined in large part on a consideration of
comparability/replication and total compensation. It should come as no surprise that
under the comparability/replication principle, we have addressed the economic issues
by looking to the Durham Regional Police (because of the long acceptance of
essential parity between police and fire fighter rates) and to the prevailing terms and
conditions under comparable fire service agreements, especially those in the other
Durham Region fire services, i.e. Pickering, Ajax, Whitby and Oshawa. Indeed, the
parties accepted this relationship in 2004 when, in negotiating the predecessor
collective agreement, they agreed to increase the fire salaries by 2.5% before applying
across-the-board increases extending to December 31, 2006 in order to bring the
Clarington salaries to the average of the other four Durham Region fire services as of
the commencement date of the predecessor agreement.
4
1435
The Clarington fire service settled before any of the regional comparators for
the 2004-2006 term. Because the across-the-board increases subsequently applied at
the regional comparators for this term exceeded those at Clarington, the Clarington
fire fighters found themselves $1,088/year behind the average of these regional
comparators as of December 31,2006. In awarding for 2007,2008 and 2009, we have
the benefit of settled regional comparator rates for this period. The replication
principle dictates that we restore the' essence of the relationship with the regional
comparators voluntarily established by the parties themselves. We have done so
effective January 1, 2009 keeping in mind however, that for 2009 three of the four
regional comparators, (after the application of "me-too" clauses) as well' as the
Durham Regional Police, had maximum rates of $78,298, $35 per year less than the
pure four-comparator average relied upon by the parties in 2004. Because this rate
effectively re-establishes the four-comparator average and because the Clarington rate
should not exceed that of three of the four regional comparators as well as the Durham
Regional Police, it is this rate that we have awarded for 2009.
The awarding of recognition pay (a benefit that is now commonplace within
police and fire service collective agreements and enjoyed by the fire fighters
employed by the other four Durham Region fire services, but nevertheless a very
expensive improvement) results in a more cautious approach to the remainder of the
economic package, as would be the case in any two-party negotiation. It is for this
reason that a number of the Association's economic demands have been left to another
5
1436
day. As well, the awarding of recognition pay presents the Employer with an
opportunity to pursue meritorious demands of its own, as would also be the case in
any two-party negotiation. The Employer demand for the right to contract out its
dispatch operation (as awarded by arbitrator Swan in Pickering) is such a demand.
Clarington is the only regional service that uses fire fighters to perform the dispatch
function.
It is to be noted that the parties agreed that there would be no changes to sick
leave. LID is part of the sick leave plan. Accordingly, the Employer demand to
extend the elimination period for the entitlement to LID has not been awarded.
Finally, we note that the issue in respect of the creation of a
maintenance/training position is the subject matter of a grievance.
Having regard to all of the foregoing, we hereby award as follows.
A WARD
The parties are directed to enter into a renewal collective agreement for the
term January 1, 2007 to December 31, 2009 that contains all the terms and conditions
of the predecessor collective agreement. save and except that it is amended to
incorporate the following:
6
1437
1. All matters agreed between the parties prior to the date hereof.
2. Increase the salary of the first class fire fighter as follows:
Effective January 1, 2007 - to $72,924
Effective January 1,2008 - to $75,549
Effective January 1, 2009 - to $78,298
Adjust all other salaries accordingly.
3. Provide for recognition pay on the same basis as the other Durham Region fire
~ ~ I "1 ~~.
services as follows: 0 . I I
Effective January 1, 2007 2-3-5
Effective January 1, 2008 3-5-7
Effective January 1, 2009 3-6-9
4(a). Increase dispatch rate to 75% of the first class fire fighter rate after 24 mon~s.
4(b). Add the following language to article 12.05:
7
1438
Notwithstanding the foregoing, the Corporation shall be permitted
to contract out all work related to dispatch operations to another
municipality provided that the fire fighters performing this work
are maintained within the fire service with no loss of salary,
seniority or benefits and that no other fire fighter is laid off or
suffers loss of salary, seniority or benefits as a result of such
contracting out.
5. Improve benefit provisions as follows:
Effective as soon as reasonably practicable following the date
hereof:
· Spousal Life Insurance increased to $25,000; Dependent
Child Life Insurance increased to $6000.
· coverage for paramedical services increased to a maximum
of $350 a year per person per specialty;
.. prescription glasses increased to a maximum of $400 per
person every two (2) policy years; laser surgery one time
50% to a maximum of $1 ,OOO/eye;
· improve dental major restorative to $1,250.
8
1439
6. Provide for a joint committee (one from each side) to consider revisions to the
contract language re promotions to reflect the current practice. Such committee
shall commence meeting within forty-five (45) days of the date hereof.
7. Effective with the commencement of the 2010 vacation year, improve to five
(5) weeks after eighteen (18) years.
8. Provide for a training officer rate at 115% of first class fire fighter rate.
9. Retroactivity - Salary and recognition pay retroactivity is to be based on all
paid hours since January 1, 2007. Interim salary increases are to be deducted
from the amount of retroactivity otherwise payable. Payment is to be made
within 60 days of the date hereof. Any bargaining unit employee who has left
the employ of the Employer since January 1, 2007 is to be notified in writing at
his/her address on file within 30 days of the date hereof. Payment shall be made
within 30 days of the date of reply.
We remam seized until such time as the parties enter into a collective
agreement.
9
1440
Dated on this 4th day of June 2010 in the City of Toronto.
Kevin Burkett
Kevin Burkett (Chair)
(Partial Dissent attached)
"Sean McManus"
Sean McManus (Association Nominee)
(Dissent Attached)
"Brenda Glover"
Brenda Glover (Employer Nominee)
10
1441
DISSENT OF THE EMPLOYER NOMINEE
The aw'!-rd has failed, in my opinion, to adequately address the economic situation in Ontario,
and more particularly in the Municipality of Clarington. In doing so, I believe that it has not
given appropriate weight to three of the five factors that an arbitration board must take into
consideration under section 50.5 of the Fire Protection and Prevention Act, 1997:
(i) The employer's ability to pay in light of its fiscal situation;
(ii) The extent to which services may have to be reduced, in light of the decision, if current
funding and taxation levels are not increased; and
(iii) The economic situation in Ontario and the municipality.
Prior, persuasive arbitration decisions have held that the employer's ability to pay should be
assessed in terms of what a majority of fair-minded, well-informed taxpayers would consider to
be a fair and reasonable award. In considering what is fair and reasonable, the fair-minded,
well-informed taxpayer would assess what is happening in the economy and in the labour market
as a whole (including both the public and private sectors). Moreover, in declining economic or
labour market circumstances, the taxpayer would expect that increases in compensation resulting
from the arbitration decision should be offset by reductions in other costs.
Ontario, like the rest of Canada, entered into a recession in 2008 which continued into 2009. The
unemployment rate in some areas of the Durham Region was higher than in most other Ontario
municipalities. Mariy taxpayers in the Region lost their employment, were laid off from
employment, had wages or benefits cut, or experienced a reduction in hours of work as a
consequence of the severe economic downturn. In addition, wage increases in the public and
private sector were appreciably less than those awarded in prior years, reflecting a climate of
moderation and restraint throughout Ontario.
The Municipality of Clarington was considerably impacted by the recession, experiencing a drop
in tax revenue, a decrease in interest revenues, and lower building permit activity. As a result, it
projected that it would incur a deficit of over $2 million in 2009. Since municipalities are
precluded by the law from running a deficit, the Municipality had to reduce public programs,
reduce hours of work, exercise rigid expenditure and hiring controls, defer capital projects, and
tap into its reserve funds. In the context of negotiation with its firefighters for a new collective
agreement, the Municipality anticipated that it would have to increase taxes or implement new
11
1442
user fees if the wage and benefit increases demanded by the firefighters were accepted by the
Municipality or awarded by an arbitration board.
This award reflects a wage increase of $7,906, or 11.23%, for a first-class firefighter over the
term of this collective agreement (2007 - 2009). With the introduction of recognition pay, a
first-class firefighter will reap the benefit of an increase in compensation of 14.6% (at 8 years of
service), 17.9% (at 17 years of service) and 21.2% (at 23 years of service). Moreover, the
increases in benefits, vacation entitlement, and wage rates for training officers and dispatch
personnel conferred by the award will add additional pressure to total compensation expenditures
by the Municipality.
More significantly, the award does not reflect any benefit to the employer in terms of reduction
in costs or increases in efficiencies. That is, there are no fair trade-offs for the wages and benefit
increases, as would be expected in negotiating a fair "bargain". The sole potential cost reduction
is achieved only if the Municipality decid~s to contract out its dispatch operations. Even if it
does so, current firefighters will not incur any job loss or reduction in benefits under the
collective agreement.
I recognize that the principle of comparability/replication is customarily respected in arbitration
awards, although I note that the Municipality disputed that it would maintain its prior stance with
respect to comparability when negotiating with its firefighters in future rounds of bargaining
beyond 2004. Nevertheless, the comparator parties were negotiating collective agreements in a
very different economic climate and the employers in those instances achieved (or were awarded
through arbitration) reductions in costs or increases in efficiency in exchange for the wage or
benefit increases. That is not the case in this arbitration decision.
My dissent reflects my professional view that, like the fair-minded, well-informed taxpayer, I
would not consider this to be a fair and reasonable award in the context of the economic situation
of the Municipality of Clarington, and especially in circumstances where the Municipality has
received no economic or efficiency trade-offs for the substantial compensation increases that
have been awarded.
Brenda Glover
Employer Nominee
May 10, 2010
12
1443
PARTIAL DISSENT OF ASSOCIATION NOMINEE
Having had the opportunity to review the award, I agree with the Chair's decision to maintain the
wage relationship between the Clarington local and its fire fighter and police comparables (both
on wage increases and recognition pay). While the Corporation raised economic issues and the
timing of the comparable awards and settlements, it is interesting to note that the Durham
Regional Police interest arbitration took place in February and April, 2009, which is the precise
time when the Corporation asserted that the economic situation had reached its most difficult
phase in the area. All of the comparables had settled their contracts by the time of this hearing.
While the Chair has correctly maintained the comparable wage relationship for the Clarington
fire fighters, I must respectfully dissent from the amount of both the wage increases in each of
years 2007 and 2008 and with the stepped in approach to recognition pay. To be specific, I
would have provided for the average of the comparable annual salaries on January 1,2007 and
January 1, 2008 instead of waiting until the final year of the contract to achieve the average. I
would also have provided for recognition pay (3-6-9) at an earlier date than January 1,2009.
I also dissent from that part of the award dealing with language which provides for the
contracting out of dispatch operations. While it is indeed the case that the language means that
no fire fighters will lose their position or be laid off as a result of contracting out, it is my view
that the Corporation provided no evidence of a demonstrated need as to why the integrity of the
no contracting out article should be modified. The Corporation relied on the Pickering fire
fighter award (May 27,2008, Ken Swan) as justification for its position. In the Pickering award,
the Swan Board awarded a similar modification to the no contracting out article as it related to
dispatch services. However, we were provided no context as to what led to the Board's decision
in that case. A simple request without the requisite demonstrated need should not be sufficient to
alter existing collective agreement language.
~~
Sean McManus
Association Nominee
13
1444
ADDENDUM
The dissent of the Employer Nominee, based in large part on the state of the economy in
2008 and 2009, would have some persuasive merit if this was a pattern setting award that had the
potential to influence the economic terms applying to firefighters in the Durham Region for this
period. However, this is anything but a pattern setting award. The economic terms applying to
all of the other Durham Region firefighters (i.e. Pickering, Ajax, Whitby and Oshawa) for the
2008-2009 period had already been determined by the time this dispute was adjudicated.
Further, these parties had voluntarily agreed in the last round to peg the Clarington Rates to the
average of the other four Durham Region services. This award simply re-establishes that
relationship.
This is not to say, as the dissent of the Employer Nominee assert, that the economic
situation was not taken into account. This award delayed the reestablishment of the relationship
with the other four Durham fire services until the last year of the agreement, thereby saving the
Municipality in excess of $ 65,000 in retroactive payments. As proposed by the Municipality this
award delayed the implementation of the full 3/6/9 recognition pay by six months relative to all
of the other Durham Region fire services, thereby further saving to the Municipality retroactivity
payments. Further, and again at a considerable saving to the Municipality, this award rejected a
number of the Association's economic requests on the basis that given the awarding of
recognition pay this was not the time. The only benefit improvement awarded, in addition to the
benefit improvements offered by the Municipality, was an increase in dental major restorative
from $ 1000 to $ 1,250. The dissent of the Nominee of the Municipality makes no mention of
the foregoing. Indeed, in light of the foregoing, it is difficult to understand the basis upon which
the dissent of the Employer Nominee takes issue with the clear assertion at page 3 of the award
that all of the statutory criteria were considered.
As for the awarding of efficiencies to offset the granting of recognition pay, these
efficiencies must nevertheless be meritorious in that they address a real problem in the
14
1445
relationship or put the Municipality on an equal footing with the comparator services. Apart
from the ability to contract out dispatch services, which was awarded, none of the other demands
of the Municipality that might be characterized as efficiencies met the threshold test.
The dissent of the Nominee for the Employer does not represent a fair critique of the
award. On any objective assessment her notional "fair-minded and well informed tax payer"
would surely accept that the Clarington Fire Fighters should be paid commensurate with their
Durham Region counterparts and with the Durham Region Police and, given the remainder of the
content and the manner of implementation would consider this to be a fair and reasonable award
in all the relevant circumstances.
Kevin Burkett - Chair
15
1446
~ REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRA liON COMMITTEE
Date:
June 21,2010
Resolution #:
Report #: COD-034-10
File#_
By-law # N/A
Subject:
TENDER NO. CL2010-23 - DRIVEWAY TIE-INS
~
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-034-10 be received;
2. THAT Melrose Paving Company, Etobicoke, Ontario, with a total bid in the amount of
$46,400.02 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL201 0-23, be awarded the contract
for Driveway Tie-Ins, as required by the Municipality of Clarington, Operations
Department;
3. THAT pending satisfactory pricing and service the contract be extended for a second
and third year; and
4. THAT the funds expended be drawn from the Operations Department Annual
Operating Budget Account 100-36-381-10250-7163 Pavement Resurfacing.
Submitted by:
Reviewed by:
anklin Wu,
Chief Administrative Officer
Ie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
k
MM\JDB\bh
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379
1447
REPORT NO.: COD-034-10
PAGE 2
1.0 BACKGROUND AND COMMENT
1.1 Tender CL201 0-23 Driveway Tie-Ins was advertised and issued with bids being
received as per Schedule "A" attached.
1.2 The term of this contract is for a period of up to three years with annual renewal
subject to acceptable pricing and the provision of satisfactory service.
2.0 ANALYSIS
2.1 After review and analysis of the bids by the Operations Department and Purchasing,
it was mutually agreed that the low bidder Melrose Paving Company, Etobicoke,
Ontario, be awarded the contract for Driveway Tie-Ins.
2.2. Melrose Paving Company has provided similar services to the Municipality of
Clarington for a number of years and the level of service has been satisfactory.
2.3 Queries with respect to the department needs, specifications, etc. should be referred
to the Director of Operations.
3.0 FINANCIAL
3.1 The total funds required for Tender CL2010-23 Driveway Tie-Ins are included in the
Operations Department Annual Operating Budget Account 100-36-381-10250-7163
Pavement Resurfacing.
3.2 For the information of Council, the unit pricing remains the same as the 2009 rate.
3.3 The contract will be monitored to ensure the service level is maintained and rates
applied correctly.
1448
REPORT NO.: COD-034-10
PAGE 3
4.0 CONCLUSION
4.1 To award the contract to Melrose Paving Company, Etobicoke, Ontario for the
Driveway Tie-ins.
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
1449
~n REPORT
CORPORATE SERVICES DEPARTMENT
Schedule "A"
Bid Summary
Tender CL2010-23
BIDDER TOTAL .81D .....
(net of HSTrebate)
Melrose Paving Company Limited $46,400.02
Etobicoke, ON
Trison Contracting $49,758.10
Port Perry, ON
Royalcrest Paving $50,900.15
Toronto, ON
A 1 Asphalt Maintenance Limited $60,164.42
Burlington, ON
1450
Uaringlon
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date:
June 21, 2010
Resolution#:
By-laW#: N/A
Report#: COD-036-10
File#: N/A
Subject: BROADBAND - RURAL CONNECTIONS PROGRAM APPLICATION
UNDER THE REGION OF DURHAM 2010
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-036-10 be received;
2. THAT Council confirms that it considers broadband service to be a priority issue
for the residents and businesses of the Municipality of Clarington;
3. THAT staff be authorized to assist the Region of Durham by providing
information and support in processing its application for Broadband funding
under the Rural Connections Broadband 2010 Program for the Regional
Municipalities;
4. THAT if it is determined to be an absolute necessity that the Region requires use
of Municipal infrastructure, similar to the Region's approved policy for
. infrastructure use on Broadband initiatives as in-kind contribution to the
application, the Chief Administrative Officer, in consultation with the Department
Head, be authorized to consider the request for approval or denial; and
5. THAT the Region of Durham be advised, and thanked for taking the lead in the
application to the Rural Connections 2010 Program on behalf of the Regional
Municipaliti . /?
Submitted b : Reviewed by: W ~
rie Marano, H.B.Sc., C.M.O., Ai Franklin Wu
Director of Corporate Services/ Chief Administrative Officer
. Human Resources
MM/gj
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1451
REPORT NO.: COD-036-10
PAGE 2
BACKGROUND AND COMMENT
1.0 Broadband Funding Programs
1.1 The Rural Connections Broadband Program was applied for in February 2009 as
approved in report COD-014-09, without success due mainly to the limited
information available to allow a comprehensive gap analysis. The Rural
Connections Provincial program was discontinued after that application.
1.2 Council was updated in September 2009 with report COD-067 -09 which
identified a partnership between the Province and Federal government to bring
high speed internet to more residents and businesses. That program was for
private companies, consortiums and only municipalities who would own, build
and operate telecommunications infrastructure. Consequently, there was no
application to that Federal program.
2.0 Rural Connections Broadband Program 2010
2.1 The Province, through OMAFRA (Ontario Ministry of Agriculture Food and Rural
Affairs), announced on May 14th, 2010 that a final funding opportunity would
become available for applications received by July 8th, 2010.
2.2 The 2010 program will be the final Rural Connections funding opportunity, and is
limited to a total of $4 million to be available to the entire South/CentrallWest
Ontario area. The maximum available under anyone application is $1 million, as
a 1/3 funding contribution by the Province. The applicant must agree to secure
the funding for the 2/3 balance to complete the infrastructure, and must confirm
that broadband service is a priority for the residents and businesses. The
contribution can be in-kind or infrastructure, excluding land.
2.3 In an effort to assist the Federal Government program initiative, the Region of
Durham approved a policy to allow, under certain criteria, use of Regional
infrastructure such as water towers for in-kind contribution or lease opportunity,
thereby encouraging extension of broadband services into rural areas.
3.0 The Region of Durham - Lead Applicant
3.1 The timelines for completing the background required for a successful application
are extremely tight.
3.2 Region has been diligently working to establish accurate information on the lack
of service by hiring a consultant to complete a gap analysis for the entire Region.
Clarington Staff have been working with the Region to assist in providing
1452
REPORT NO.: COD-036-10
PAGE 3
information required to complete the gap analysis to be prepared for any
potential future funding opportunity.
3.3 Clarington Council have been updated on the initiative undertaken by the Region
on the gap analysis, and the Municipality's participation in circulating the survey
to residents and businesses to gain direct feedback and information on the extent
of service in the area.
3.4 With the Broadband 2010 announcement, the Region has been coordinating with
the Area Municipalities to maximize the opportunity for a successful application.
Also with the funding availability limited to $1 million per applicant, the Region
Staff have agreed to request approval by Regional Council to act as the lead
applicant on behalf of the area municipalities, to maximize the funding
opportunity. The Region Report 2010-A-29 (Attachment #1), will be presented to
the Region Finance and Administration Committee meeting on June 16th, with
Council ratification on June 23rd.
3.5 It is expected that the service requirement of Clarington along with one or two
Area Municipalities, could utilize the potential $1 million funding, with the
substantial remaining 2/3 from the private sector, and some in-kind value from
the Region's infrastructure and consultant contribution. If the Region requires in-
kind contribution of a Municipal infrastructure as a necessary component in order
to complete the program, it is recommended that the CAO be given authority to
assess the request with the governing Department, for final approval or denial.
4.0 Broadband Service Level
4.1 The Province's primary focus in this intake of the Rural Connections initiative is
to service residents.
4.2 The program criteria requires the internet Service Provider ISP to be capable of
providing download speed of minimum 1.5 Megabits per second with scalability
. to advance to 3 Megabits. The new stick technology is not considered acceptable
as it is unpredictable and unreliable, however there is new technology in this area
that is currently being explored under the program.
4.3 If the application is successful and the service is extended into the rural areas, it
is important to note that the topography creating interference of sightlines does
not guarantee service to each resident. The program target is considered
successful at approximately 90 to 95% achieved service.
1453
REPORT NO.: COD-036-10
PAGE 4
5.0 Financial Implication
5.1 The Municipality of Clarington has not included any budget provision for financial
contribution to the expansion of broadband services, and contribution will be
primarily staff assistance.
6.0 Timelines
6.1 The application to the Province must be completed by July 8, 2010. The
application requires 5 elements to be completed for consideration:
1. Business Case
2. Gap analysis
3. Technical Plan
4. Cost Summary
5. Outreach to Residents & Businesses
6.2 The submission will be reviewed and Provincial announcement of successful
applicants is expected in the Fall 2010. The RFP would be issued by the Region
after approval of the funding, with the likely project completion in 2011.
7.0 Conclusion
7.1 It is r~commended ~hat the Municipality participate as a component of the
Region's application to assist residents and further economic development in the
business community.
Attachments: Attachment 1 - Durham Region Report #201 0-A-29; Rural Connections
Broadband Program Application
1454
JUN-15-2010(TUE) 09:20
Economic Oeu. Tourism and ~omm. (FAX)9056666228
P. 002/005
ATTACHMENT #1
The Regional Municipality of Durham
To: Finance and Administration Committee
From: Commissioner of Human Resources and Corporate Services
Report No.: 201o-A-29
Date: June 16, 2010
$ubiect:
Rural Connections Broadband Program Application
'..
Recommendations:
~
That the Finance and Administration Committee recommend to Regional Council that
1) In light of the fact that broadband service is a priority for the residents and
businesses of the Region of Durham and the municipalities in which they reside,
the Economic Development and Tourism Department, in co-ordination with the
Finance Department, be authorized to submit an application for provincial
funding in an amount not to exceed $1,000,000 under the 2010 Rural
Connections Broadband Program;
2) Should the application for funding under the 2010 Rural Connections Broadband
Program be successful, the Economic Development and Tourism and Finance
Departments be authorized to undertake a vendor selection process through a
formal Request for Proposals.
3) The Regional Chair and Regional Clerk be authorized to sign the necessary
"funding agreements. " . .
Backaround:
. The Government of Ontario is committed to building strong, sustainable
communities. A modern, efficient and reliable telecommunications system is part of
the plan and .recognizes the importance of affordable, accessible and reliable
broadband for public and private sectorS.
. The Province of Ontario announced on May 14th, 2010, that it is investing
approximately $4 million to help expand broadband cover~ge in southern Ontario by .
leveraging community and/or private-sector investment. The initiative dedicates
funds to capital infrastructure as well.as economic development outreach for small,
medium enterprises and entrepreneurs. APplication deadline is July 8,2010.
1 58
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JUN-ls-2010(TUE) 09:21
Economic De V, Tourism and (omm. (FAX)90s6666228
P.004/00s
Report No.: 2010-A-29
Page No.: 2
· There are a number of gaps in high speed internet service within the Region's
business and residential communities in both urban and rural areas. Seven of the
eight municipalities have currently identified gaps.
ReDort:
· The Economic Development and Tourism Department is currently undergoing a
broadband gap analysis to identify .areas where high-speed internet access is not.
available to its citizens or the current status of their broadband service does not
meet provincial standards. This information will be used by the Region's consultant
to evaluate options as well as a basis for a proposed application to the Rural
Connections Broadband Program. It Is a fundamental component for a successful
Rural Connections application.
· Projects eligible for funding under Rural Connections will develop broadband
infrastructure to provide connectivity to residents, businesses and public institutions
in rural areas that currently do not have access to broadband Internet services,
providing a foundation for growth and innovation. ..
· To be considered for funding, applicants must demonstrate how the p[oposal
addresses the four eligibility criteria: readiness; commitment; gaps to be covered;
and benefits to the community.
· Eligible costs for approved projects can. be incurred from May 1, 2010, and the
applicant must incur all project expenses within the approved tirnellnes of the
Contribution Agreement, and no later than March 31, 2012.
· The Province will contribute up to orie-third (1/3) of eligible costs, to a maximum of
$1 million per application. Municipalities are responsible for securing the remaining
share of the eligible costs from their own resources and/or from partner
contributions. The funding may be applied to research and the management of the
project as well as all aspects of the implementation of solutions.
Financiallmplication$:
· The Region of Durham Economic Development will incur a cost of approximately
$13,000 for the consultant, Actionable Intelligence Inc. Funds are available in the
Economic Development 2010 budget The consultant will obtain sufficient
information re~ated to the technical solution options and costing which will be. used in
determining the actual amount of funding to be requested. Actionable Intelligence
will also assist in completing the application to the 2010 Rural Connections
Broadband Program.
159
1456
JUN-ls-2010(TUE) 09:22
Economic Dev, Tourism and Comm. (FAX)90s6666228
P.OOs/OOs
Report No.: 2010-A-29
Page No.: 3
The $1,000,000 funding request represents the maximum contribution by the Province
under the program, which is 1/3 of the total cost of the project(s). The actual amount of
funding applied for may be less than the'maximum based on the consultant's review
and findings.
· In the event that the application is successful, vendors will be selected through a
formal Request for Proposal process, and will be subject to Council approval. In this
case, further costs would be incurred by the Region to engage the services of a
project manager which would become part of the 2011 Economic Development and
Tourism budget. One third of these and any other costs incurred after May 1, 2010
related to the broadband project will be eligible for reimbursement by the province.
· The Region will not incur costs related to the implementation of any approved
broadband initiative. Design, installation and capital costs for any identified projects
will be borne by the service provider(s) selected, and by the Province through their
1/3 contribution. Local municipalities in which projects are implemented may
choose to participate directly in funding if they wish through in-kind contributions of
existing infrastructure (e.g. towers).
This report has been reviewed by the Finance Department and the Commissioner of
Finance concurs with the financial recommendations.
Respectfully submitted,
Garry H. Cubltt, M.S. W.
Chief Administration Officer
160
1457
aM~n REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
June 21,2010
Resolution#:
By-Iaw#:
Report#: COD-037-10 File#:
Subject: CL201 0-1 0, JANE STREET RECONSTRUCTION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-037-10 be received;
2. THAT Tedescon Infrastructure Ltd, Woodbridge, ON with a total bid in the
amount of $1,155,663.10 (net HST rebate), being the lowest responsible bidder
meeting all terms, conditions, and specifications of Tender CL2010-10, be
awarded the contract for Jane Street Reconstruction as required by the
Engineering Department;
3. THAT the funds required in the amount of $1 ,405,500.00 (which includes
$1, 135,675.22(exclusive of HST) for tendering, design contract administration
and contingencies) be drawn from the Account # 110-32-330-83342-7401 and #
110-32-330-83212-7401;
4. THAT the tender award be subject to the approval of the Regional Municipality of
Durham for Regional Infrastructure; and
5. THAT the By-Law marked as Schedule "A", attached to Report COD-037-10,
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
1458
REPORT NO.: COD-37-10
Submitted by:
MM\JDB\sm\km
Reviewed by:
Ji
PAGE 2
linWu,
Chief Administrative Officer
1459
REPORT NO.: COD-37-10
PAGE 3
1.0 BACKGROUND AND COMMENT
1.1 Tender specifications were provided by AECOM Canada Ltd. for the Jane Street
Reconstruction as required by the Engineering Department.
1.2 Tenders were advertised in the Daily Commercial News, as well as electronically
on the Municipality's website and the Ontario Public Buyer's Association website.
Subsequently, tenders were received and tabulated as per the letter from
AECOM Canada Ltd., Schedule liB" attached.
2.0 ANALYSIS
2.1 A total of five (5) submissions were received in response to the tender call. One
submission was non-compliant for failing to provide a bid deposit in the value
stipulated in the tender document. Four submissions were deemed compliant
and acceptable.
2.2 After further review and analysis of the compliant bids by the Engineering
Department, AECOM Canada Ltd. and Purchasing, it was mutually agreed that
the low bidder, Tedescon Infrastructure Ltd, Woodbridge, ON, be recommended
for the contract for the Jane Street Reconstruction. A copy of the
recommending memos from the Department of Engineering and the consultant
AECOM are attached as Schedule "B".
2.3 The low bidder has not provided services to the Municipality in the past.
References have been checked and Tedescon Infrastructure Ltd., has
completed a number of projects of similar scope and value. Tedescon
Infrastructure Ltd. has completed work for the Town of Newmarket, the Town of
Halton Hills as well as the Town of Orangeville. All references were satisfied
with work completed by Tedescon Infrastructure Ltd., and would recommend
them for similar projects.
1460
REPORT NO.: COD-37-10
PAGE 4
2.4 Queries with respect to department needs, specifications, etc., should be
referred to the Director of Engineering.
3.0 FINANCIAL
3.1 The total project cost, including tender price of $1,155,663.10 design contract
administration, contingencies and utilities amounts to $1,405,500.00. The
funding required for the project is outlined in the memo from Engineering
Services and the letter from AECOM Canada Ltd., marked Schedule "B".
3.2 Funding for this project will be drawn from the following amounts:
Department and Account Number
Engineering Department - Capital Budget
Jane Street Reconstruction
Account # 110-32-330-83342-7401
$ 475,000.00
Jane Street Pavement Rehabilitation
Account # 110-32-330-83212-7401
$ 30,000.00
Regional Municipality of Durham
Sanitary Sewer and Appurtenances
Watermain and Appurtenances
$ 431,100.00
$ 469.400.00
$1,405,500.00
4. INPUT FROM OTHER SOURCES
4.1 The Director of Finance has reviewed the funding requirements and concurs with
the recommendation.
4.2 This report has been reviewed for recommendation by the Purchasing Manager,
with the appropriate departments and circulated as follows:
Concurrence: Director of Engineering
Attachments:
Schedule "A" - By-law
Schedule "B" - Memo from Engineering Services & Letter from AECOM Canada Ltd.
1461
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2010-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Tedescon
Infrastructure Ltd., Woodbridge, Ontario, to enter into an
agreement for the Jane Street Reconstruction.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Tedescon Infrastructure Ltd., Woodbridge, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and 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
1462
r: .~"7;-
A:COM
AECOM
513 Division Street
Cobourg, Ontario K9A 5G6
www.aecom.com
SCHEDULE "B"
90S 372 2121 tel
90S 372 3621 fax
June 14, 2010
Mr. A S. Cannella. C.E.T.
Director, Engineering Services
The Municipality of Clarington
40 Temperance Street
BOWMANVILLE. Ontario L 1 C 3A6
Dear Sir:
Project No: 12-29771
Regarding: Jane Street Reconstruction,
Contract No, CL2010-10 (the "Contract"), Municipality of Clarington
Tenders for the above project were opened at the Municipal Offices on Tuesday, June 1,2010 at
2: 15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of HST.
BIDDER TOTAL BID
Primose Contracting $1 ,189,460.00
Pottageville, ON
Calder Hill Contracting Ltd.. $1,207,946.10.
Thornhill, ON
Tedescon Infrastructure Ltd. $1,135,675.22
Woodbridge, ON
Ron Robinson Ltd. $1,159,323.38
Bowmanville, ON
Hard-Co Construction Ltd. $1,145.111.00
Whitby. ON
· Improper Bid
The Municipality of Clarington's Purchasing Department (the "Purchasing Department") reviewed all
bids to confirm compliance with the Clarington Purchasing By-Law and all bids were deemed
compliant except for that which was submitted by Calder Hill Contracting Ltd. as noted above.
2.77'.lIt lOA S c.,.,..... CL201o.10 Ttna.r A,WIId LIUo, DRAFT
1463
SCHEDULE "B"
A.:COM
Page 2
June 14. 2010
AECOM Canada Ltd. (U AECOM") has reviewed all compliant bids and confirmed the bid values noted
above. Tedescon Infrastructure Ltd. is the lowest bidder. Its submitted tender has been reviewed
and was confirmed to be compliant.
As requested by the Purchasing Department, references were checked only for the lowest bidder.
Tedescon Infrastructure Ltd. has completed a number of projects of similar scope and value including
work for the Town of Newmarket, the Town of Halton Hills, and the Town of Orangeville. Staff
contacted at the above references stated that Tedescon Infrastructure Ltd. has completed the work to
specification and to their satisfaction.
Estimated costs for various project components, based on Tedescon's bid, are summarized on the
attached Cost Apportionment.
With the low bid from Tedescon InfrastructureLtd., and other associated project costs noted on the
attached Cost Apportionment, the project is within budget. Should funding be available, it is our
opinion, based on the input provided by the references contacted regarding performance on previous
projects, that the bid in the amount of $1,135,675.22 (eXClusive of HST) may be awarded to
Tedescon Infrastructure Ltd. of Woodbridge, Ontario subject to all provisions of the Clarington
Purchasing Bylaw being met.
Bid Cheques or Bid Bonds shall be retained for Tedescon Infrastructure Ltd. and Hard-Co
Construction Ltd., the second low bidder, until the Contract has been executed.
Should you have any questions regarding this matter, please contact the undersigned.
Sincerely,
AECOM Canada Ltd.
6-, A/~
W. McCrae, P.Eng.
Manager, Cobourg Office
will.mccrae@aecom.com
WM:cs
Enc!.
ce: Mr. Ron Albright, P.Eng.. Manager of Infrastructure and Capital Works, Municipality of Clarington
21771 . 4t 10A-8. Cann.... Cl201Q.10 T_nd... A..III Letter DRAFT.Doc
1464
.Revised
June 14. 2010
AECOM Project # 60117364 (12-29771)
Municipality of Clarington/Region of Durham
Jane Street Reconstruction, Bowmanville
COSI Aoportionmenl Based on low Bid
Conlraet Cl2010-10
Comments
Region of Durham
Sanitary sewMi Wiiiennaln &
)DurtenanCE! )DurtenanC&
Account No. Accoun1 No.
Reauired CiI:W'IIliratf
Jane Street
to-32-33O-83342-
7.&01
Total
Description
ASphaR Rehab. Portion is Ilem A33 (Hl8) and
40% olllell1 A:l6 (Gran. A)
9-4.358.48
$
74.183.13
$
23.404.22
$
9.17
351
$
543.065.00
s
ProJ~t ID/Account NUll1ber
Constn.ctlon Costs Contracl CL2010-10
RoadWOf'ks and Storm Sewer
Sanitary Sewer and Appurtenances
Part A
PartS
$
245.450.00
$
s
s
245.4SO.00
s
256.460.00
$
$
$
$
256.460.00
s
!
$
Walennain and Applltenances
Part C
30.449.83
s
27.743.05
$
2.03t .41
s
30.475.93
$
90.700.22
Generalllems
Part D
381,268.3
s
347,376.18
$
25,435.63
s
381,595.10
s
1.135,675.22
Total Ci>nslnJctlon
Billed Directly 10 Region of Dvrham
7.400.00
$
10.100 00
s
$
1.816.05
$
29.316.05
s
Oeslgn and Tendering AECOM Project No. 60117364
Jaooary 30.201010 May 28. 2010
7,400.00
$
10,100.00
$
$
11,816.05
$
29,316.05
s
Total Dllsfgn and Tendering
38.137.74
$
!
s
34.747.55
$
!
$
2.544 29
7,544.29
$
!
s
38.170.42
38,170.42
s
!
$
11 3,600 00
$
Contra<:1 Administration and Materials Tesllng AECOM Project No 60117364
Estimaled COSls
en
(")
:r
m
o
c:
,.....
m
R
CD
"
Oeslynand T._rfolg tomplOledPnortoJuly 111.20(0)
38,137.74
426,806.05
34.603.38
461,409.43
7.990.57
469,400.00
272.250.00
197.1 SO.OO
-
34,747.55
$
S
S
s
!
!
392,223.73 $'
31.594 .82 S
423.818.55 $
7.281.45 $
431.100.00 $
394.051.00 $
37.043.00 -$
S
$
$
$
!
$
$
$
$
S
!,
$
i
27,979.92
1.501.21
29,481.13
518.87
30,000.00
30.000.00
$
$
$
S
!
!
$'
$
$
$
!
$'
$
431,581 ~57
35.407.39
466,988.96
8.011.04
475.000.00
415.000.:.00
$
$
$
$
!
!
$
$
$
$
!
$'
$
13.600.00
1,218,591.27
103.106.80
1,381,698.07
23.601.93
1,405,500.00
1.111.307.00
234,193.00
S
S
$
$
$
!
!
$
$
S
s
!
$'
-i
to Teal Coats exllldlne Deslift}
Appllocl
Total Contract Administration
Other Costs
Ulility Relocation
Rogers
BeD
Hydro One (Estimale)
Verid'an
Gas
Sub-Tolal Other Costs
Sub.Tolal Estimated ProJecl Costs
ConllnQencles (10%)
Total E$lImated Project Costs
Municipal Share of lI'le HST 1....76%
Final Project Cost
Budgel Amount
(OVer)/lJnder Budaet Amount
......
~
0')
U1
SCHEDULE "B"
Cl~mgron
MEMO
TO:
Jerry Barber, Purchasing Manager
FROM:
Ron Albright, Manager, Infrastructure and Design
DATE:
June 15, 2010
RE:
JANE STREET RECONSTRUCTION, CL2010-10
The Engineering Services Department has reviewed the recommendation provided by
AECOM Canada Ltd. (UAECOM") and offers the following comments.
Over the last 2 years the Municipality has approved various budget amounts to allow for
the improvements to Jane Street in an effort to replace the aging infrastructure in this
older area of Bowmanville and address long standing drainage issues.
As part of the design process a Public Information Centre (PIC) was held on March 4,
2010 in meeting rOom 1A of the Municipality of Clarington Administrative Centre where
the proposed improvements were presented to the public. At this meeting, concerns
were raised by area residents regarding improved sidewalks, winter maintenance of
sidewalks, storm water drainage and a n'umber of other construction related issues. As
a result of the input received and assessment of this input, the final design was updated
to include works to the scope of the tender to address most of the concerns raised.
Details of the PIC were reported to Committee April 19, 2010 through EGD-015-10.
As Council is aware, Jane Street sidewalks were originally approved in the 2009 Budget
but due to the change in the scope of the project to address drainage issues on the
street, the work was deferred & re-budgeted for in 2010 to include road reconstruction,
storm sewers, and removal of sidewalk from the north side of the street. Pending
Council approval, work will proceed on Jane Street this summer and is expected to be
completed in the Fall of 2010.
We concur with AECOM's recommendation to award the contract to Tedescon
Infrastructure Ltd. in the amount of $1,135,675.22 exclusive of HST for the
reconstruction of Jane Street.
Due to past experiences on similar projects, a contingency amount of approximately
10% is carried forward. Therefore, including design and tender fees as well as contract
administration fees, the Engineering Department advises the following breakdown for the
above referenced project:
1466
SCHEDULE "B"
Project Breakdown
Total Project Value $505,000
Budget Amount
Jane Street Reconstruction $475,000
110-32-330-83342-7401
Jane Street Pavement Rehabilitation $30,000
(2010)
110-32-330-83212-7401
Estimated Unexpended Budget $0
Additional Funding Required $0
We recommend the report to Council move forward based on the above apportionments.
Attached for your files is the recommendation provided by AECOM which includes a
more detailed breakdown of estimated project costs. Should you have any further
questions, please feel free to contact the undersigned.
Regards,
Ron Albright, P. Eng.
Manager, Infrastructure and Capital Works
~
RNjo
Attachment
Cc: William McCrae, P. Eng., AECOM
Nancy Taylor, Director of Finance
A.S. Cannella, Director of Engineering Services
1467
q~n
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
JUNE 21,2010
Resolution #:
Report#: FND-017-10
File #:
By-law #:
Subject:
BUILDING PERMIT FEES ANNUAL REPORT FOR 2009
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-017-10 be received for information; and
2. That existing building division fees be confirmed with no change required.
\
/' )
~'" F. }
'/w~--'
A . Cannella, C.E.T.
Director of Engineering Services.
Reviewed by:
~~
Chief Administrative Officer
Submitted by:
~
NT/LG/hjl
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379
1501
REPORT NO.: FND-017-10
PAGE 2
BACKGROUND AND COMMENT:
1.0 Under the Building Code Act, 1992 and the passing of subsequent amendments
and Ontario Regulation 350/06, municipalities are required to prepare an annual
report that records the amount of building permit fees collected and the costs
incurred during the process.
Section 1.9 of Division C Part 1 of the Building Code Act specifies what is to be
included in the annual report as follows:
(1) The report referred to in Subsection 7 (4) of the Act shall contain the following
information in respect offees authorized under Clause 7 (1) (c) of the Act
(a) total fees collected in the 12-month period ending no earlier than three
months before the release of the report,
(b) the direct and indirect costs of delivering services related to the
administration and enforcement of the Act in the area of jurisdiction of the
principal authority in the 12-month period referred to in Clause (a),
(c) a break-down of the costs described in Clause (b) into at least the
following categories:
(i) direct costs of administration and enforcement of the Act, including
the review of applications for permits and inspection of buildings,
and
(ii) indirect costs of administration and enforcement of the Act,
including support and overhead costs, and
(d) if a reserve fund has been established for any purpose relating to the
administration or enforcement of the Act, the amount of the fund at the
end of the 12-month period referred to in Clause (a).
(2) The principal authority shall give notice of the preparation of a report under
Subsection 7 (4) of the Act to every person and organization that has requested
that the principal authority provide the person or organization with such notice
and has provided an address for the notice.
1.1 The requirement to issue an annual report on building permit fees came into
effect for the 2006 year which means the first report was required by March 31,
2007. It is unclear in the regulations as to how the annual report is to be
reported; i.e. via Council meeting, newspaper advertising, municipal website, etc.
1.2 In accordance with the Building Code Act as amended, staff have prepared this
report to Council on an informational basis and Attachment "A" will be posted on
the municipality's website in June 2010.
1.3 On the Attachment "A" for the summary of the 2009 Annual Report for Building
Permit Fees, the total of the direct and indirect costs exceeds the total building
permit fees revenue by $835,499. During the 2009 year, the Engineering
1502
REPORT NO.: FND-017-10
PAGE 3
Department advised Council through the monthly building permit activity report
that the building permits issued in 2009 were significantly down in comparison to
the 2008 year. The total number of all types of building permits issued in 2009
was 643 compared to 950 in 2008 which translates into a 32% decrease in 2009.
The total number of new residential building permits issued in 2009 was 273
compared to 593 in 2008 which translates into 54% decrease in 2009. This over
expenditure is included in the overall year end results for 2009 as reported in
FND-006-10 Financial Update as at December 31,2009. Council also
addressed the shortfall in building permit revenues in CAO-004-09, Report on the
Status of the 2009 Budget Shortfall and Proposed Remedial Measures.
CONCLUSION:
2.0 During 2010, staff will be reviewing and updating the building fee financial
analysis model used to verify that the rates charged are reasonable. The current
model has been in place for five years and requires updating.
2.1 Staff will report back in the fall on the outcome of the update.
2.2 In light of the upcoming review, staff recommend that the current fee structure in
the municipal by-law for the building permit fees By-Law Number 2005-145
remain status quo for 2010.
2.3 Attachment "A" is a summary of the 2009 building permit fees revenue and
related expenditures with the expenses broken down into direct and indirect
costs along with the balance of the building division reserve fund and reflects that
the total amount of the fees do not exceed the costs to administer and enforce
the Act.
Attachments:
Attachment "A": Summary of 2009 Building Permit Fees Revenue & Expenditures
1503
ATTACHMENT "A"
MUNICIPALITY OF CLARINGTON
Building Permit Fee Annual Report for 2009
TOTAL FEES:
Total Building Permit fees collected during 2009 year under the Municipality of
Clarington's Bylaw Number 2005-145 is $814,942.00
DIRECT COSTS:
Direct costs are deemed to include the costs of the Building Division of the
Engineering Department for the processing of building permit applications, the
review of building plans conducting inspections and building-related enforcement
duties. Total Direct Costs: $1,117,457.00
INDIRECT COSTS:
Indirect costs are deemed to include the costs for support and overhead services to the
Building Division. Total Indirect Costs: $532,984.00
SUMMARY:
Grand Total of Direct and Indirect Costs: $1,650,441.00
Costs over Revenue as of December 31, 2009 - $835,499.00
ST A TEMENT OF RESERVES:
Building Division Reserve Fund balance as of December 31,2009 - $145,987.00
NOTE: Unaudited Figures.
1504
Clarington
REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date:
JUNE 21,2010
Resolution#:
By-laW#:
Report#: FND-018-10 File#:
Subject: REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - MAY 2010
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-018-10 be received for information.
Submitted by:
Reviewed by:
ranklin Wu,
Chief Administrative Officer
1r
NT jhjl
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379
1505
REPORT NO.: FND-018-10
PAGE 2
1.0 BACKGROUND:
1.1 At the meeting held on January 12, 2009, Council requested staff to provide by
department on a monthly reporting basis a report to Council on the variable growth
related revenue and the variable economic related revenues which could have an
adverse effect on achieving the 2009 municipal capital and current budget.
2.0 CURRENT:
2.1 This report is for the month of May 2010 including the year-to-date amounts along with
prior year's amounts for comparison.
2.2 This report will look at the Building Division's revenues of the Engineering Services
department such as municipal development charges and building permit fees revenue
paid, the total of Planning Services Department's revenues such as site plans,
rezoning, condominium application fees and subdivision applications fees revenues.
2.3 The revenue amounts reported monthly in this report are reflected in the municipality's
general ledger when paid to the municipality, ie. on a cash basis. There will be some
differences between this report and the monthly Report on Building Permit Activity
from Engineering Department due to this timing difference.
2.4 The references in this report have been updated to reflect the 2010 Development
Charges Background Study, approved by Council on May 31St, 2010.
1506
REPORT NO.: FND-018-10
PAGE 3
3.0 ENGINEERING SERVICES - BUILDING DIVISION REVENUE STATUS
3.1 In the 2010 Development Charges Background Study, it is forecasted that the
municipality would be collecting approximately 57 residential units on a monthly basis
for 2010 and approximately 56 residential units on a monthly basis for 2009. For the
month of May 2010, there were only 55 units of the forecasted residential units of 57
being issued which equates to 96.5%. For the month of May 2009, there were 26
units of the forecasted residential units of 56 being issued which equates to 46.4%.
Comparing the number of units issued in 2010 to 2009, shows that May 2010 has
collected 211.5% of the units issued in May 2009.
MUNICIPAL DEVELOPMENT CHARGES
MONTH OF MAY
2010 2009
MUNICIPAL NUMBER MUNICIPAL NUMBER % CHANGE OF
UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2010-2009
Single/Semi- Detached
-New construction $ 675,465.00 49 $ 363,025.00 25
-Additions $ - 0 $ - 0
Townhouse $ 72,168.00 6 $ - 0
Apartment $ - 0 $ - 0
Commercial $ - 0 $ 447.33 1
Agricultural $ - 0 $ - 0
Government $ - 0 $ - 0
Institutional $ - 0 $ - 0
Industrial $ - 0 $ - 0
TOTAL $ 747,633.00 55 $ 363,472.33 26 105.7%
1507
REPORT NO.: FND-018-10
PAGE 4
3.2 Comparing the number of units issued in 2010 to 2009, shows that 2010 YTD has
collected 291.8% of the units issued in 2009 YTD. For the 2010 YTD, there are 248
units of the forecasted residential units of 285 being issued which equates to 87.0%.
Per the 2010 DC Background Study, 682 residential units are forecasted for 2010.
For the 2009 YTD, there were only 85 units of the forecasted residential units of 280
being issued which equates to 30.4%. Per the 2010 DC Background Study, 667
residential units are forecasted for 2009.
MUNICIPAL DEVELOPMENT CHARGES
JANUARY TO MAY - YEAR TO DATE
2010 2009
MUNICIPAL NUMBER MUNICIPAL NUMBER % CHANGE OF
UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2010-2009
Single/Semi- Detached
-New construction $ 2,701,860.00 196 $ 1,102,087.00 84
-Additions $ - 0 $ - 0
Townhouse $ 553,288.00 46 $ - 0
Apartment $ 37,744.00 4 $ (6,307.00) -1
Commercial $ 75,428.45 2 $ 13,411.22 2
Agricultural $ - 0 $ - 0
Government $ - 0 $ - 0
Institutional $ - 0 $ - 0
Industrial $ - 0 $ - 0
TOTAL $ 3,368,320.45 248 $ 1,109,191.22 85 203.7%
NOTE:Apartment unit in April 2009 is a negative value as penn it was changed from 2 apartments to 1.
4.0 BUILDING PERMIT FEES REVENUE STATUS
4.1 The line graph below on building permit fees illustrates on a monthly basis the permit
fees collected for the years 2008, 2009 and year-to-date with the 2010 budget per
month. This line graph accents the fluctuations on a monthly and yearly basis for the
building permit fees collected in any given year.
1508
REPORT NO.: FND-018-10
PAGE 5
4.2 For the month of May 2010, $92,641 was paid for building permit fees which
represents 130.8% of the 2010 monthly budget (2010 monthly budget is $70,833 per
month). For comparison purposes, for May 2009, $37,536 was paid for building
permit fees which represented 75.1 % of the 2009 monthly budget (monthly revised
budget was $50,000 per month).
- -------- - --_.~-u ;~~.;~ ~- ;~ R;;~-;~-~-~-;~ R ~-~-~~~_._--_._---_.._----]
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i
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,
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$450,000
$400,000
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$0
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-2008 Actu:J1
-2009 ActU.ll
-2010Actu031
-2010 Budget
Analysis 1) June 2008 - Due to Development Charge Price Increase effective July 1st, 2008
2) August 2009 - Development Charges received for the construction of the Bowmanville Wal-Mart
4.3 The following line graph illustrates the building permit fees on an accumulated monthly
basis for the years 2008, 2009 and year..to-date with the 2010 YTD budget.. The total
building permit fees revenues were as follows for the years: 2008 - $1,348,198; 2009
- $812,747 and as of May 31, 2010 - $585,436. For comparison purposes, the 2008
permit fees of $1,348,198 was 90% of the 2008 annual budget of $1,500,000; the
2009 permittees of $812,747 is 135.5% of 2009 revised annual budget of $600,000
and as of May 31, 2010 permit fees of $585,436 is 68.9% of the 2010 budget of
$850,000.
S 1 ,600.000
510400,000
$ 1.200,000
S 1.000,000
$800,000
$600,000
$400.000
S 200,000
$0
BUILDING PERMIT FEES CUMULATIVE YTD
/ --==- .~
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-:W08 YTD Aclu.11-200~ YTD Actual
-2010 YTD Actual-201D BUDGET
1509
REPORT NO.: FND-018-10
PAGE 6
5.0 PLANNING SERVICES REVENUE STATUS
5.1 Planning Services individual revenue sources have been consolidated. . Planning
Services revenues include Official Plan amendment fees, rezoning fees, site plan
fees, subdivision application fees and subdivision/consent application fees. Planning
fees do not reflect full cost recovery rates in contrastto those done under Building Fee
Legislation. They have been consolidated since the sum total of fees is the key
revenue number and individual types of application are difficult to predict.
5.2 The graph below illustrates the monthly revenue collected for the years 2009 and year
to date with the 2010 budget per month.
r--------. -.- -.---- --.--------:
1 PLANNING SERVICES PER MONTH i
I
I $140,000.00 ....' - -. --, - -- - .. - - --.. -- - -- .. -' -, :
I i
i $120,000.00 - -- --- .--- -.. .-- - ---- -.------ - - --- - -- - -""--- --'
I $100,000.00 ---- -- .--- -- -- -----
!
I $80,000.00
I
I
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$60,000.00
$40,000.00
$20,000.00
$0.00 .- -- ,-- --.. - --- -.---
~ ~ ~ i..~ .....~ ^-'l-
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-2009 Actual -2010 Actual -2010 Budget
. ' _ ___ _____ .J
Analvsis 1) December 2009 - Due to funds received for Subdivision Application Fee's
2) January 2010.. Funds received for Subdivision Application Fee's
5.3 Planning Services 2010 budget for the overall revenues is $200,000 and for 2009
revised budget the overall revenues were $186,000. The Planning Services revenue
actuals for May 2010 are $20,907 and for May 2009 were $14,656. The May
revenues as a percentage of each year's monthly budget values: 2010 is 125.4% and
2009 was 94.6%.
1510
REPORT NO.: FND-018-10
PAGE 7
5.4 The Planning Services accumulated revenues year-to-date as of May 2010 is
$197,659 and as of May 2009 were $59,289. The accumulated revenues as a
percentage of the year to date budget values: 2010 is 237.2% and 2009 revised was
76.5%.
\--- ------ ---PLA~~~NG SERVICES CUM~~T~~~ ~~- --- -. - --I
I $300,000.00 --'--' --- ------ .---- --------- - ---- -------- ,
I
I $250,000.00 - ----- --- ---------.---- -- ---- ,
I
I $200,000.00
i $150,000.00
I
$100,000.00
$50,000.00
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-2009 YTD Actual -2010 YTD Actual -2010 YTD Budget
l__ _._ ____. -____ -- - --. -- -- ., .-- - - .--
6.0 SUMMARY AND CONCLUSIONS:
6.1 In comparing current year's month and previous year's month values several aspects
need to be considered such as the time of year/season, economic conditions, weather
conditions, investors long term plans, pending legislation and appeals. It is important
to keep in mind that Planning fees are applied to the overall general fund rather than
departmental. The development plan review and implementation process involves
staff from many departments who play various roles in the process to generate the
revenues identified. While fees are sporadically received, plan review and
implementation activities are ongoing.
6.2 To-date, revenues are better than anticipated which may be a reflection of some pent-
up demand remaining from the 2009 economic climate. The year-end spike in 2009
were applications in anticipation of the fee increase January 1st, 2010. Application
fees are not a steady stream rather they are intermittent throughout the year.
1 511
~n
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeti ng:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
JUNE 21,2010
Resolution#:
By-laW#: N/A
Report #: CAO-005-10
File#:
Subject:
ENERGY MANAGEMENT STEERING COMMITTEE - UPDATE
RECOMMENDATIONS:
It is respectfully recommended to the General Purpose and Administration Committee that
Council approves the following:
1. THAT Report CAO-005-10 be received;
2. THAT the draft Energy Management Plan be received;
3. THAT Council authorize staff to proceed with the completion of energy audits for South
Courtice Arena, Clarington Fitness Centre and Clarington Community Resource Centre
with funds to be drawn from the Municipal Government Enterprise Reserve Fund.
. O~:..~
Submitted by:
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-.3379 F (905)f~15~720
REPORT NO.: CAO-005-10
PAGE 2
1.0 BACKGROUND
1.1 Since its formation, the Energy Management Steering Committee (Committee) has
been working within the energy management framework that was approved by Council
in 2008. This report will keep Council advised of the various activities of this
Committee.
1.2 On July 14, 2008 Council authorized staff to proceed with an RFP process to complete
the first two energy audits of municipal buildings with an estimated cost of $30,000.
Based on the pricing received approximately 50% of this amount was left uncommitted
and Council subsequently authorized staff to complete two additional audits utilizing
the remainder of the approved funds which were drawn from the Municipal
Government Enterprise Reserve Fund.
2.0 ENERGY MANAGEMENT PLAN
2.1 The Committee has developed a draft Energy Management Plan (EMP) as identified in
the Green Energy Act 2009. The Plan will provide direction to the Committee and all
municipal staff as we collectively target energy conservation and other green
strategies.
2.2 The Plan will be a working document and will be reviewed and revised as needed.
3.0 2009 ENERGY CONSERVATION TARGETS
3.1 As a requirement of the EMP, conservation targets are to be established. In order to
establish a baseline for energy consumption by facility, usage was calculated for the
2008 budget year. During the 2009 budget preparations each department was directed
to adjust their utility budgets to reflect a decrease of 10% in heat, hydro and water
consumption.
1702
REPORT NO.: CAO-005-10
PAGE 3
3.2 Throughout'2009 utility usage reports were prepared on a quarterly basis and provided
to the Committee to assist in tracking the progress. Based on the year-end usage
report the following results were realized:
Natural Gas 13.2% decrease
Hydro 7.5% decrease
Water 3.5% decrease
These results reflect an average utility usage reduction of 8.06%
3.3 The Committee will continue to reinforce the targeted reductions and will assist staff in
achieving the 10% overall reduction at the end of 2010.
4.0 ENERGY AUDITS
4.1 Energy audits provide a technical analysis of energy consumption, equipment
efficiencies and building characteristics as well as analyzing utility usage. From the
information collected a list of recommendations are developed, complete with
estimated costs that quantify conservation measures and calculate anticipated pay
back periods. Equipped with this information staff are in a position to substantiate
implementation strategies during budget preparations.
4.2 To date energy audits have been completed on four municipal buildings:
Garnet Rickard Complex
Municipal Administrative Centre/Library
Courtice Community Complex
Fire Hall #1
The Plan has identified a schedule to have energy audits completed on all municipally
operated buildings by 2012.
4.3 For 2010 the Committee has proposed the completion of energy audits for South
Courtice Arena, Clarington Fitness Centre and Clarington Community Resource
Centre. The estimated cost of the audits is $20,000. The Director of Finance has
1703
REPORT NO.: CAO-005-10
PAGE 4
confirmed that sufficient funds remain in the Municipal Government Enterprise Reserve
Fund to complete this work.
5.0 POWER PLEDGE COMMUNITY CHALLENGE
5.1 The municipality will take part in this Ontario Power Authority initiative in 2010.
Clarington took part in 2009 when the program was known as Count Me In. The
program consists of two components. The first challenge will track the highest
percentage drop in electricity consumption on August 11th by municipality. The second
challenge will calculate the highest per capita participation in the Power Pledge drive.
5.2 The public information developed to promote this program will be provided to staff and
will assist in raising the overall awareness of energy conservation both in the
workplace and at home.
6.0 LAS MUNICIPAL ENERGY PERFORMANCE BENCHMARKING PROJECT
6.1 This Local Authority Services Ltd project sought the submission of detailed
organizational and facility data relating to energy performance from Ontario
municipalities that would be analyzed and benchmarked with buildings of similar types.
6.2 The Committee submitted survey information on four facilities including a swimming
pool, arena, fire hall and administrative building. Recently we received the results of
the survey as well as receiving the case studies from the Best in Class facilities.
6.3 The overall survey results showed a low level of energy performance in Ontario's
municipal sector. Staff will review our current practices as well as those of the highest
performing facilities from the survey to develop a strategy for improved performance.
1704
REPORT NO.: CAO-005-10
PAGE 5
7.0 COMMENT
7.1 The Steering Committee will continue to work on the various initiatives of the Energy
Management Plan in 2010 and will provide leadership to staff in terms of energy
conservation and other green strategies.
Attachments:
Attachment 1 - Draft Energy Management Plan
1705
Attachment 1
To Report CAO-005-10
LE OF CONTENTS
I ntrod uction ........................................................................... 1
Goa Is...................................................................................... 1
Objectives.............................................................................. 1
Energy Management Plan Committee ......................................... 2
Energy Management Plan .............................................................2
Energy Consumption Data Collection ......................................... 2
Energy Reduction Target.......................................... ........... ......... 3
Energy Audit Program ..................................................................4
Staff Education and Engagement ................................................ 4
Green Procu rement... ........................ ....................... ........ ...... ....... 5
Green Fleet .................... ....~........................................................... 6
Green Construction .......................... ........................ ............ ........ 8
Implementation/Future Considerations .............................. 9
:IP EN D IX I ............................... i. . . . . . . . . . . .. . . . . .. .. .. . . .. .. . . .. . . ... . .....10
Energy Management Steering Committee - 2008-2010 ................10
ENDIX 1/ ENERGY USE STUDY.......................................11
Phase One ................ .......................... ......................................... 11
Hydro: ......................................................................................................... 11
Heating: .. ......... ............... ........... .... ........................ ............... ................ ...... 13
Water: ......................................................................................................... 13
Fuel (Gas, Clear Diesel & Marked Diesel): .................................... 14
Phase Two................................................................................... 15
H yd ro: ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. 15
Heating: ...................................................................................................... 16
Water: ......................................................................................................... 16
Fuel (Gas, Clear Diesel & Marked Diesel): ................................................17
ENDIX II/ 2009 CONSUMPTION REVIEW........................18
ENDIX IV... ............................................. ....................... ...20
Energy Audit Program.............. .......................... ............... ................. ........ 20
Method: ................... ........................... ....... .......... ...... ........... ...... ........ ........ 20
Financial Consideration:............................................................................. 21
Audit Schedule: .. .................. ...... ............... ................... .............. ................21
Municipal Administrative Centre ................................................................ 21
Garnet Rickard Recreation Complex .........................................................22
Fire Hall #1 ................................................................................................. 22
Courtice Community Complex ................................................................... 22
Proposed 2010.... ................ .................. .............. .............. ................ .........23
Proposed 2011 ........................... ............................... ........... ............. .........23
Proposed 2012... ......................................... ........................ ......... ........ ....... 23
1707
MUNICIPALITY OF CLARINGTON
ENERGY MANAGEMENT PLAN
Introduction
In response to the growing need for energy and environmental
stewardship, the municipal administration is working towards
additional energy conservation through a coordinated plan. The
purpose of the Energy Management Plan (EMP) is to provide
the Municipality with a strategy to improve the overall energy
efficiency of operations within the control of the Municipality. By
increasing awareness with all employees in energy conservation
we will assist in the promotion of an environmentally-friendly
workplace and do our part in saving the environment, energy
and money by promoting and practicing all energy conservation
measures and programs
The Plan will be the key instrument to assist the Municipality to
achieve these goals. The Plan will be reviewed and updated on
an annual basis. The Energy Management Committee shall
report to Council on a regular basis with respect the status of
various energy conservation undertakings.
1. To improve energy efficiency of all Municipal operations
2. To create, through education, a culture of energy
conservation in the workplace
3. To reducing green house gas emission and our carbon
footprint
1. Develop an Energy Management Plan
2. Implement all strategies identified in the Energy
Management Plan
3. Monitor and Revise the Energy Management Plan
4. Report to Council annually
ement Plan
Page 1
1708
Energy Management Plan Committee
In 2007, Council endorsed the formation of a staff committee to
undertake all necessary actions to effect municipal energy
conservation. Under the direction of the Chief Administrative
Officer, an interdepartmental Energy Management Steering
Committee (Committee) was formed to provide leadership;
guidance and direction to ensure all energy management efforts
are coordinated and sustained over the long term. For a current
list of committee members see App 'x I.
The mandate of this Committe
ownership of all energy con
preparation and impleme
(Plan). Allowing staff to
and choosing prioriti
implementation of the
ke charge and take
easures including the
. rgy Management Plan
ocess of setting
term
eation of the Energy
the plan were
ation of the Municipality of Clarington spends close
illion dollars annually on energizing municipal facilities
an uipment. These numbers represent a significant annual
budget outlay. In an attempt to gain a better understanding of
their significance, a comprehensive energy use study was
undertaken.
Page 2
1709
The first phase of the energy use study involved the review of
historical energy consumption covering the period from January
1,2005 to December 31,2007. This review involved;
165 different hydro accounts supplying power to Municipal
streetlights, traffic signals, playing fields, park lights and
facilities;
. a total of 25 Municipal facilities were supplied heat using
Natural Gas, Heating Oil or Propane;
64 different accounts supplyin ter to Municipal parks
and facilities; and
fuel (including gas, clear d marked diesel) to
maintain the fleet was 5 locations within the
Municipality.
oing tracking
for all of the
't will
for future
the energy use statistics and
ed in detail in Appendix II. It
viewed in each phase.
er 20 ,the Chief Administrative Officer issued a
all municipal departments to reduce energy
n by 10% in 2009. To support this initiative each
t was asked to make the required changes to their
20 oposed operating budgets to reflect a 10% decrease in
hydro, heat and water usage.
Following the year end review, we experienced a reduction in
energy consumption reduced in all three areas of the challenge
(see Appendix III). Although we did not attain a 10% overall
reduction in all three areas this objective remains in place for
2010, using the 2008 energy consumption data on the baseline.
Subject to achieving this goal for 2010, the Committee will
review and recommend targets for future years.
Page 3
1710
Energy Audit Program
The municipality operates a number of facilities ranging in size
and type of use from a small community centre to a
multifunctional recreation complex. Each facility consumes
energy (electricity and natural gas or heating oil) for light, HVAC
systems and the operation of mechanical equipment needed for
the production and maintenance of ice surfaces. In addition to
the consumption of energy, each of these facilities consumes
water for drinking, sanitation and ice ace preparation. Costs
of these resources represent a si nt cost to the
municipality as identified in the consumption section of
this plan.
energy
. g characteristics
ation
omplete
d on four municipal
'Idings audited by 2012.
rogram can be found in Appendix
energy audit, departmental staff
of the ittee review the document and meet
nt to discuss the report. Once the report is
the responsibility of the user department to
leme tion strategy to add ress all
ations made in the report. In some cases this may
mal costs that can be funded through an operating
r the larger initiatives the department will need to add
apital budget program.
Staff Education and Engagement
Using resources available, the Committee will share with staff
energy savings ideas. Efforts will spotlight:
. The Corporation's energy efficiency successes;
. Promoting education programs in energy efficiency;
Page 4
1711
. Partnerships in promoting efficiency programs; and
. Sharing personal energy efficiency success stories and
tips.
These are all within the intention to provide the tools and
informational for employees to be stewards of the environment.
Green Procurement
Green procurement is set within the
for money. It requires the integr .
performance considerations in
including planning, acquisiti
procurement also require
environmental aspects
associated with the Ii
being acquired.
text of achieving value
environmental
curement process
disposal. Green
. g of the
and costs
ds and services
nments Incorporating Procurement Practices which
mentally Responsible" (GIPPER) Statement of
as outlined above expresses the Municipality's
commitment to environmentally responsible (Green)
procurement and overall waste reduction.
Products considered to be environmentally responsible may be
given preference during the evaluation stage of the submission
when the tender/proposal documents either directly calls for
"green" products or where "green" products may be priced as an
option.
Page 5
1712
In the future the Committee may seek an amendment the
purchasing by-law to incorporate the principles of green
procurement.
Green Fleet
When the Municipality undertakes a green fleet initiative and
demonstrates its success, it benefits Clarington in four ways.
First, the initiative helps Clarington reduce emissions. Second, it
helps the Municipality reduce fuel c mption. Third it
improves air quality and reduces e change. Fourth,
demonstrating new technology es development,
commercialization and wide tion of green
technologies, reduces pri 'nfrastructure
development.
fie operations more
than purchasing cleaner
Iso purchases cleaner fuels. Orono
a low sulphur diesel fuel in its heavy
vehicles contains an average of
icipality will also be looking into
el.
il was recycled in 2008 instead of burned to
Ide emissions resulting from vehicle
ers are collected and disposed of using an
entally approved method. Used tires collected from the
road ides are also disposed of by a licensed disposal
company. To reduce resources required the fleet garage use
rebuilt alternators, starters, brake cores and other components
when available. Other green fleet approaches include
continually seeking best practices by networking with other
fleets and participating in Fleet Challenge.
Page 6
1713
Clarington, with Council's direction, will purchase commercially
available green vehicles as a standard practice. The plan
provides th.e flexibility to adopt promising new technologies as
they become available.
A large portion of our fleet is made up of light-duty trucks and
vans. Green solutions are needed for these units. In 2009/2010
full hybrid pickup trucks will be commercially available along
with ultra fuel-efficient diesel power. As these products become
available they will be evaluated and i lemented accordingly.
Stricter diesel engine emission s
that new diesel engines will b
equipment they are replacin
they come due with state
will reduce emissions
ds being phased in mean
eaner then old
aging equipment as
n controlled diesels
uch as b iesel and blends of
. Clarington in reducing emissions
'c1es. Investigating and
fuels will be an ongoing process
Iy available.
ting ~ grams such as Green Fleet Expo and Fleet
are e lent opportunities to learn about green fleet
s and est practices. Educating employees on fuel
t techniques both at work and during their commute
benefit both staff and the Municipality of Clarington
e fuel.
Fleet services through networking with other fleets can learn
about and implement proven green fleet best practices.
Investigating benefits and feasibility of adopting green fleet best
practices, such as extended oil change intervals and using
energy conserving synthetic oils can aid in achieving
sustainable goals. The Municipality should explore having its
fleet reviewed under the E3 Fleet Rating System (fleet
consultants) to identify opportunities to reduce emissions and
fuel usage.
Page 7
1714
Green Fleet Plan Directive
. Participate in Fleet Challenge fleet review program
· Identify and implement viable recommendations from
review
. Expedite replacement of oldest plow trucks
. Continue educating Municipal employees on fuel
conscious driving techniques
Green Construction
g system for
certifying green
ped by US Green Building
ted in Canada by the Canada Green
loped to prevent "green washing"
building claims through
nd third party review.
ough to accommodate a wide range of green
ategi The following is a list of the key performance
nd examples of strategies used to fulfill the credits.
Water Efficiency:
Close to public transit routes
and essential services reduced
site disturbance, reduced light
pollution.
Low flush fixtures, grey water
systems, drought resistant
landscaping.
Renewable energy systems,
ozone protection, energy
efficient building operations.
Energy & Atmosphere:
Page 8
1715
Materials & Resources:
Recycled, regional, and
renewable materials,
management plans, certified
wood.
Indoor Environmental Quality:
C02 monitoring, low VOC
materials, occupant controls
day lighting in occupied
spaces.
Innovation & Design:
inventive designs,
Accredited Professional
sign team.
f design attributes
'butes selected and
can be
r, gold or
Within each of these six
and, depending on the
included in the buildi
designated as either L
platinum.
ntario and across Canada
Green Building Rating
se include; Kingston,
Richmond Hill.
minimum ratings
r, ny have further qualified
ized building. The norm is 500 m2
nstruction and major renovations
siness e, in that a high performance green
ce energy consumption and water. usage and
tal greenhouse gas (GHG) emissions.
ation/Future Considerations
raft EMP develops, the Committee will formalize a full
implementation strategy as well as looking forward to other
opportunities.
Page 9
1716
APPENDIX I
NERGY MANAGEMENT STEERING COMMITTEE - 2008-2010
George Acorn, Chair
Frank Wu
Jane Pascoe
Ken Ferguson
Marie Marano
Jerry Barber
Laura Barta
Patti Barrie
Fred Horvath
Lockie Longhurst
Rob Groen
Gord Weir
Mark Berney
Lisa Backus
Leslie Bens
Community Services
Chief Administrator's Office
Chief Administrator's Office
Community Services
Corporate . es
Corporat Ices
Finan
Cler
o
Page 10
1717
APPENDIX II
ENERGY USE STUDY
The first phase of the study involved the review of the municipal
energy consumption covering the period from January 1, 2005
to December 31,2007, is an attempt to obtain an understanding
of current usage. Included in the assessment was a review of
charges from 122 Hydro One acco 43 Veridian Hydro
accounts, 23 Enbridge natural g unts, 64 Durham Region
water accounts, 8 Shell Cana g oil accounts and 5
Shell Canada fuel accounts. s have been matched
to the budget account th n an annual basis.
During this process n e to reallocate
minor posting incons ger, nor were
the numbers changed rend
accounting accruals. Ac e to
account for stimated v nsumption up he end of
the calenda he year i sed. This entry would be
reversed in th of the ing year, recognizing that
the first billing p cons ion from the prior year.
municipal hydro, we requested the
monthly or quarterly usage in
per kWh, (3) meter readings used
r rates that may have applied to our
anuary ,2005. The information supplied
'Iowatt hours used for each period and the
5 accounts were requested as part of this
t. These included accounts for street lighting, traffic
lon, playing fields or park lighting and power for
Mun pal facilities. Of the 122 Hydro One accounts submitted,
102 were specifically identified as street lighting accounts that
are billed a flat rate each period. These billings have no
consumption information provided for our review. An additional
3 accounts are charged to the street lighting operating account
and for these the consumption was provided. Of the 43
Veridian Hydro accounts submitted, 14 were specifically
identified as street lighting or traffic signal lighting accounts that
are billed a flat rate each period. These billings have an
Page 11
1718
estimated value for consumption for the year that is equally
divided between the periods. All of the Municipality of
Clarington's street lighting and traffic signal lighting accounts at
the time of the review were billed based on the RPP (Regulated
Price Plan). This plan charges a fixed rate for each kilowatt
hour regardless of the current market price. Our street lights
are utilized during off peak hours when the market rates are low
and we do not automatically benefit from this cost reduction
while remaining on the RPP. The total cost for street lighting
and traffic signalization has increase .3% between 2005 and
2007. A large part of this increas e to maintenance of
street lights, which has increas over the same period.
The increase in costs associ dro rate increases
cannot be specifically isol sumption details. It is
further complicated by r the Municipality
assumes new respo e. of street lights
in new subdivisions mpleted the
construction to the spec ngineering.
hting is charge or
ts and 9 Veridian hydro
n for each location was
playing field lighting
8. 0 from 86,369.21
7. This increase is due,
of Iightl at 2375 Baseline Road
addition of 2375 Baseline Road,
of hydro is only 2.5% from 86,369.2
h in 2007. These accounts are
ith no discounts given for the off peek
ing 1 ydro One accounts and 20 Veridian hydro
late to facilities operated by the Municipality, some
an one meter assigned. Consumption details were
r 26 operating facilities. During the assessment
e total consumption increased by 3.8% from
9,62 , 00.97 kWh in 2005 to 9,988,876.35 kWh in 2007. Most
of these accounts are billed based on the RPP, with delivery
and regulatory charges dependant on the expected kilowatt
requirement.
Page 12 '
1719
In the initial assessment of municipal heating, we were able to
obtain information on 25 municipal facilities that required some
form of heat. Our research shows that Enbridge natural gas
accounts exist and billing details were provided for18 accounts.
The cubic meters of natural gas consumed by the Municipality
over the three year period has declined approximately 6% from
1,259,479 in 2005 to 1,184,524 in 2007. The most notable
decrease in consumption over the t year period is evident at
the Courtice Community Com pie CCC has a documented
21.4% decrease in consumpti 16,201 cubic meters in
2005 to 248,686 in 2007.
. n of heating oil
1 uses propane.
ci Iities. In
in 2006
ase is partly d 0 the fact
n installed a natural gas.
ater u e, we requested details
held with the Regional Municipality
very accommodating in providing
wever the 2005 billing details were
s they were not available on line.
s are 44 accounts for water usage at
arks. Many of these accounts have no
d co ption and are billed a minimum charge.
n is documented on the accounts that have
ater parks as part of the services offered. Overall,
upplying water to these parks increased 24.1 % from
2005 to $22,842 in 2007. The increase in costs
ted with water has not been reviewed in great detail, as
it is further complicated by the fact that part of the increase each
year comes from the Municipality assuming responsibility for
new parks in subdivisions from developers.
Page 13
1720
The remaining accounts with the Region of Durham, detail the
consumption data for 20 of our operating faculties that are
connected to the Regional water and sewer system. The details
show a decrease in consumption of 2.7% from 74,666 cubic
metres in 2006 to 72,676 cubic metres in 2007. A review of
various facilities highlights substantial reductions in the cubic
metres used at the Courtice Community Complex (3,694), the
South Courtice Arena (2,751) and the Clarington Fitness Centre
(1,315) that was partially offset by a significant increase at the
Bowmanville Indoor Soccer facility ( .14). The total costs did
not reflect this reduction. They s increase of 5.8% from
$124,929 in 2006 to $132,227 i
UEL (GAS, CLEAR DIESEL
5 locations within the Municipality
pot, (2) Orono Depot, (3) Fire
) Fire Station #2 in Newcastle, (5)
'n Courtl All receipts and disbursements of
n Depot and Orono Depot are computerized
ccur 'nventory chargeback for use of fuel to
eet accounts. The variation in litres from 2005
006401,061 to 2007492,706 is based on actual
ts. Fuel requirements can be influenced by weather
, planned project locations and age or fuel efficiency
ment used.
Shell Canada delivers only Clear Diesel to fire stations 1, 2 & 4,
as this is used to operate the fire trucks. All purchases and
withdrawals from the tanks are manually tracked to ensure the
fuel storage tanks are not allowed to run out. For the purposes
of this assessment we used the number Iitres of fuel purchased
in each year as the total used. In 2005 44,122 litres were
purchased, compared to 38,453 in 2006 and 47,544 in 2007.
Page 14
1721
The overall demand for fuel fluctuates depending on the
number, location and severity of the fire calls in a given year.
The requirement for fuel from these tanks may also be impacted
if trucks from stations 3 & 5 fill up from them instead of using the
Hampton or Orono Depot.
The second phase of the study involved the ongoing tracking
and monitoring of energy consumpti 'nformation. This
incorporates accounts identified i itial review, while
adjusting for any accounts add sed during the period
under review. The same bu arend assumptions
continued into the second iew.
P intenance for playing field lighting is charged for
consumption on 6 Hydro One accounts and 9 Veridian hydro
accounts. As with the street lighting, these accounts are billed
based on RPP with no discounts given for the off peek
consumption of hydro.
Page 15
1722
The remaining 14 Hydro One accounts and 20 Veridian hydro
accounts relate to facilities operated by the Municipality
including 2 added to the list in 2008 (Newcastle and District
Recreation Complex and Operations Depot Yard 42 Building)
and one removed (old Trulls Road Fire hall). Consumption
details are maintained and reviewed for 26 operating facilities.
During the second stage of the review the total consumption
increased from 9,988,876 kWh in 2007 to 10,164,445 kWh in
2009. When you factor out the consumption for the added and
deleted facilities, the Municipality sh a 13.1 % decrease in
kWh used between 2007 and 200 s is due mainly to
conservation efforts initiated la 8 and continued into
2009 with the 10% in '09 pro '
'tres of heating oil delivered during 2008 and
s deliv red during 2009. In 2008 only 3 facilities
liveries throughout the year and continued to receive
2009. The other facilities converted to natural gas
heat.
As of December 31,2009, the Municipality has 54 active Region
of Durham Water billing accounts. Included in these are 34
accounts for water used in various parks. Overall the cost of
supplying water to these parks increased 91.27% from $22,842
in 2007 to $43,689 in 2009. This increase is significantly
impacted by the addition of water park amenities used heavily
during the summer months.
Page 16
1723
The remaining 19 accounts include 18 of those originally
reported on in stage 1; along with 1 new account for a facility
added ( Newcastle and District Recreation Complex); while.
excluding 2 accounts for decommissioned buildings (Trulls
Road Fire station and Newcastle Pool). During the second
stage of the review the total consumption decreased from
72,676 cubic meters in 2007 to 68,753 cubic meters in 2009.
When you factor out the consumption for the added and deleted
facilities, the Municipality shows a 15.5% decrease in cubic
meters used between 2007 and 200 This is due mainly to
conservation efforts initiated late i and continued into
2009 with the 10% in '09 progr
nd Petro
ge 1 of the
193 litres
Page 17
1724
APPENDIX III
,UNICIPAL ENERGY MANAGEMENT COMMITTEE
VIEW OF CONSUMPTION FOR THE 2009 YEAR
The 10% in 2009 Challenge was issu
Energy consumption in all Municip
incorporated into the 2009 budg
feasible.
n attempt to reduce the
ions. This reduction was
and estimates whenever
During the past year, inf
in operating departme
making day to day ener
d to various degrees
management in
ofNatu as for Heating at the end
1% decrease or 165,336 cubic meters
'n 2008. This decrease is consistent
. ective and has factored out facilities
ar over year. This number is up only
13% dec se reported at the end of September due
eather in the last few months of the year.
f the c nsumption of Hydro at the end of the 2009 year
% decrease or 701,290 kilowatt hours compared to the
in 2008. This decrease is below the Municipality's
tive of 10% while factoring year to year facility
cies out of the equation. The number is down from the 9%
e reported at the end of September.
The review of the consumption of water at the end of the 2009 year
shows a 3.5% decrease or 2,165 cubic meters compared to the same
period in 2008. This decrease is significantly lower than the
Municipality's overall objective and has factored out facilities with
significant discrepancies year over year. It is slightly higher than the
2% decrease reported at the end of September, as the winter period
is traditional not high for water usage.
Page 18
1725
umption for the 2009 Year
Page 2
A review of the fuel used in the operation of the fleet is also looked at
annually. These consumption numbers are not factored into the total,
as the requirements are more volatile and change based on weather
conditions. During 2007 and 2008 when winter conditions were
extreme, the consumption of Clear Diesel increased substantially. In
2009 it dropped back to the 2005 level. Fire fleet Diesel purchases
tend to mirror the weather conditions as well. Called outs tend to
increase more when the weather is bad e to an increase in the
number of accidents. In looking at the rs spent on fuel for the
same period, it is important to note I prices in 2008 were $1.50
per liter or higher for a period of f did not level back down to
around $1 per liter until early 2
by various departments
extent realizing more
T e servation efforts will
efforts to reduce rates through the use
s for the purchase of electricity.
ut in place by departments during
limite ct. The majority of the almost $50,000
ulted from overestimating the requirements for the
. 'ty's first full year of operation. Conservation
ontinu to 2010 with the goal of reducing usage to offset
e increases.
ption requirements for the 2009 year have decreased in
actoring the 13.21 % decrease in Heating; the 7.48%
e in Hydro; and the 3.50% decrease in Water; the average
overall consumption decrease for 2009 would be 8.06%.
Page 19
1726
APPENDIX IV
NERGY AUDIT PROGRAM
The municipality operates a number of facilities ranging in size
and type of use from a small community centre to a
multifunctional recreation complex. Each facility consumes
energy (electricity and natural gas or heating oil) for light, HVAC
systems and the operation of mech I equipment needed for
the production and maintenance surfaces. In addition to
the consumption of energy, e se facilities consumes
water for drinking, sanitation ace preparation. Costs
of these resources repre ost to the
municipality as identifi ption section of
this plan.
Purpose:
With the ev
the consum
is undertakin
'ciencies; and
ncy of the facilities.
h faci here exists multiple opportunities to achieve
g objectives. These range from the simple turning
the complex replacement of refrigeration plant. To
he methods best suited to achieving the objectives
re of the following processes will be implemented
dep ing on the size and complexity of the facility and its
systems:
Identify the significant facilities operated by the municipality,
establish a proposed schedule of audits or facility reviews,
and factor this schedule in to the annual ~udget and
planning process. See attached Schedule "A" for the
Municipality of Clarington's proposed facility review
schedule.
Page 20
1727
By engaging the professional services of an energy audit
firm, reviews or audits of facilities can be undertaken to
identify the energy saving opportunities as well as operating
efficiencies. Included in the report will be an indication of the
impact on the environment.
On the smaller less complicated facilities such as community
halls staff can acquire the knowledge and ability to identify
opportunities such as furnace upgrades, use of energy
saving bulbs, programmable thermostats and improved
operating and maintenance proc res.
Educating the staff and facility groups about simple
steps that will reduce the e nsumption such as
simply turning of the ligh ot required, keep the
heating temperature s . oling temperature
slightly higher.
ill come with
t identifying grant
al and Provincial
The cost of all
sts can be viewed as
r cing pollution and
an erating costs, which will
er a period of time. Cost recovery
s the period required to pay back
om one too many years. The
Ider these costs in their budgets
upgrade their short, medium and long term
tive audit report and a sound facility
m will assist in this decision making
owing facilities have had energy audits completed to
UN/ClPAL AOM/N/STRA T1VE CENTRE
This facility was audited late in 2008 with the final report issued
in February 2009. The report identified a various number of
conservation measures and potential savings. In addition to
identifying the specific measures, the consultant also provided a
Page 21
1728
budget cost for implementation of each specific measure and
the calculated pay-back in energy savings. Staff will continue to
strategically plan for the implementation of the recommended
measures taking into consideration the cost of the measures
and their anticipated pay-back period.
ARNET RICKARD RECREATION COMPLEX
This facility was also audited in late 2008 with a final report
released in February 2009. As was
noted report, a number of meas
characteristics of this recreati
measures provided attractiv
potential savings to be r
priority for retrofit sho
Subsequent to the c
grant application for a
was submitted utilizing t
case for the s. The gra
energy retro t is sche
ase with the above
re identified. Due to the
, a number of the
eriods. Due to the
was identified as a
vailable.
submitted a
e application
usiness
approval an ajor
r the summer/fall of 2010.
in January 2010. As a
f conse tion measures were
cost savings. Staff will use this
e retrofit/upgrade strategies in the
audit port was also submitted in January 2010 and
number of conservation measures with attractive
vings. Staff will use this report as a guideline to plan
entation strategy for the conservation measures.
In addition to the energy audits that have been completed, the
following list provides a proposed schedule to complete the
audit of all significant municipal buildings. In developing this
schedule, the committee considered the characteristics of the
buildings and the potential impact on the annual costs for
energy consumption that an audit would address.
Page 22
1729
~
MEMO
CLERK'S DEPARTMENT
To:
From:
Date:
Subject:
Mayor Abernethy and Members of Council
Anne Greentree, Deputy Clerk
June 18, 2010
GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA - JUNE 21, 2010 - UPDATE
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, June 21, 2010:
6. DELEGATIONS
See attached Final List. (Attachment #1)
AG/jeg
cc: F. Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
Attachment #1
Of Update Memo
FINAL LIST
OF DELEGATIONS
GPA Meeting: June 21,2010
(a) Heather Rutherford, Regarding Report PSD-078-10, Regarding the Green
Energy Act
(b) Phil Lack, Lack Realty Appraisers & Consultants, Regarding Report
PSD-079-10, Regarding Proposed Amendments to the Clarington Official
Plan and Zoning By-Law for the Clarington Technology Business Park
Secondary Plan
(c) Kevin Hoskin, Regarding Report PSD-079-10, Regarding Proposed
Amendments to the Clarington Official Plan and Zoning By-Law for the
Clarington Technology Business Park Secondary Plan
HANDOUTS/CIRCULA TIONS
GPA
Clarington Technology Business Park
Objectives:
· to build a "cluster" of industries - with which to leverage
furlher development, skilled jobs and tax revenue
· Enhance and diversify Clarington's employment base
· Complement the planned Energy Park
· Supporl businesses in downtown Bowmanville and
Newcastle and potentially the Region and Province
· Establish a gateway to Bowmanville
· Economic Objective of Council's Corporate Strategic
Plan 2007-2010
Clarington Technology Business Park
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Clarington Technology Business Park
A Vision for the Park
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Clarington Technology Business Park
Phase 1: Reconnaissance, Analysis and Initial
Concepts for Study Area
Phase 2: Review of Conceptual Options and
Identification of a Preferred Concept
Phase 3: Clarington Employment Lands Market
Analysis
Phase 4: Creation of Refined Development
Framework and Planning Rationale Report
Phase 6: Implementation
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Clarington Technology Business Park
Next Steps
· Adoption of the Secondary Plan by Council
· Meet with all the property owners to review zoning
· Preparation of Zoning By-law to implement Secondary Plan to be
presented to Council in September 2010
· Meet with Region, CBOT, property owners to establish marketing
approach and incentives strategy
· EA for Servicing by Region
· Streetscape Implementation Plan and Infrastructure Master Plan
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June 28, 2010
CJ!J!:.PH AE'COM
Project History
· Pedestrian Tunnel recommended
· Discussions with CN Rail stall
· CTA Facilitation meeting requested by AECOM/Clarington
· Draft Geotechnical Investigation received
· Concerns raised over:
· feasibility of conventional construction methods
· complexity of project
· Potential tunnelling options researched
· Revised Draft Geotechnical Investigation received
· Stakeholder meeting
· Preferred Option: Pipe Arch Tunnel (Steel Pipe Roof Reinforcement Method)
Mill Street Pedestrian Tunnel
June 28, 2010
Page 2
Cl~J!il}gron A:""COM
Project Complexity - Risks and Concerns
· eN Requirements
· Uninterrupted Rail traffic
· Overnight/weekend only construction blocks
· Shortage of available CN flagmen and track crews
· Likelihood of unanticipated work stoppages
· Environment
· Challenging soil conditions
· Proximity of local residents
· Noise/disturbed sleep
· Length of construction period
Mill Street Pedestrian Tunnel
June 28, 2010
Page 3
CJlJr-/l}gton A:-coM
Pipe Arch Tunnel Method
Metropolitan Atlanta Rapid Transit Authority (MARTA)
East Line extension under 1-285
Atlanta, Georgia
Mill Street Pedestrian Tunnel
June 28, 2010
Page 5
· Designed to pass
beneath eight-lane
perimeter highway
· As little as 1.8 metres
of soil cover over twin
6.7 -metre-wide tunnels
· Driven through mixed
face of highway fill,
native soil and
decomposed rock.
· Over 200 monitored
settlement points on
highway-no significant
settlement
· No interruption or
rerouting of 250,000
vehicle-per-day traffic
load required
CJ!Jr-ilJgton A:-coM
Pipe Arch Tunnel Method
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STEEL P I PI N G REINFORCE M ENT
PRELIMINARY DESIGN
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Mill Street Pedestrian Tunnel
June 28, 2010
Page 6
Clw:.pn A:-coM
Pipe Arch Tunnel Method
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Mill Street Pedestrian Tunnel
June 28, 2010
Page 7
Clw.:pn A:-coM
Horizontal Pile/Pipe-Driving Technology
Modified Pile-Driver Hammer
Mill Street Pedestrian Tunnel
June 28, 2010
Pipe Section Lowered onto Cradle
Page 8
CJ!Jrpn A:""COM
Horizontal Pile/Pipe-Driving Technology
Pipe Outlet
Pipe Inlet
· Length: 60 metres
· Diameter: 3 metres
· Driven within 0.2 percent of design grade
Mill Street Pedestrian Tunnel
June 28, 2010
Page 9
CJ!Jrpn A:-coM
Benefits of Pipe Arch Tunnel Method
· Local Residents
· Daytime/weekday construction
· Shortened construction schedule
· Decreased environmental impact
Mill Street Pedestrian Tunnel
June 28, 2010
· CN Concerns
· Reduces potential for settlement
of rail bed
· Eliminates need for CN-imposed
construction windows
· Reduces need for CN flagmen
· Technical Issues
· Addresses challenging soil
conditions
· Reduces complexity and risk
associated with conventional
construction methods
Page 10
CJlJ!pn A:""COM
Preliminary Project Schedule
Activities End Date 2010
fMilestone
May June July August September October
1,0 Preliminary Design July 26,2010
2.0 Site Visit and Assessment - Earth Boring Compal'lY ltd. June 17, 2010 *
3,0 Presenlation to GPA June 21,2010 *
4.0 Constructibility Review June 25,2010 *
5,0 Status Report La Council June 28,2010 *
6.0 Test Pile & Pre-<1ualification Site Meetil'lg July 26,2010 *
7,0 Detailed Design A\Jgu~t 31, .010
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8,0 Tendering Septcmbor 16, 2010
9.0 Submit Report for GPA Agenda September 2',2010 *
10,0 Council Award of Tender October 04,2010 *
11,0 Begil'l Construction October 11,2010 *
Mill Street Pedestrian Tunnel
June 28, 2010
Page 11
CJlJ!pn A:""COM
CJ!J!:.PH AE'COM
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