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HomeMy WebLinkAbout01/10/2011• arln on Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: January 10, 2011 TIME: 9:30 A.M. PLACE: 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 December 13, 2010 4-1 5. PRESENTATIONS None 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final 6-1 List) (a) Gerry Anderson, Regarding Report PSD-004-11, Regarding the Bowmanville Community Improvement Plan Grants Update (b) Sharon Barclay, on behalf of Dave Boyd, Regarding an Off Leash Dog Park 7. PUBLIC MEETINGS (a) Applications to Amend the Zoning By-law, Amend Official Plan, Proposed 7-1 Draft Plan of Subdivision Applicant: Headgate Group Inc. Report: PSD-001-11 8. PLANNING SERVICES DEPARTMENT (a) PSD-001-11 Applications to Amend the Clarington Official Plan and 8-1 Zoning By-law and a Proposed Draft Plan of Subdivision to Permit 18 Single Detached Residential Units Applicant: Headgate Group Inc. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - January 10, 2011 (b) PSD-002-11 Monitoring of the Decisions of the Committee of 8-17 Adjustment for the Meeting of December 16, 2010 (c) PSD-003-11 Orono Community Improvement Plan Grants Update 8-22 (d) PSD-004-11 Bowmanville Community Improvement Plan Grants 8-28 Update (e) PSD-005-11 Newcastle Village Community Improvement Plan Grants 8-35 Update (f) PSD-006-11 Courtice Community Improvement Update 8-41 (g) PSD-007-11 Environmental Stewardship 2009 Program Update 8-47 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-001-11 Infrastructure Stimulus Fund, ISF 2036 g_1 Concession Road 6 Rehabilitation (b) EGD-002-11 Robinson Ridge Subdivision Phase 2, Courtice, Plan 9-7 40M-2113, `Certificate of Acceptance' and `Assumption By-Laws', Final Works Including Roads and other Related Works 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-001-11 Monthly Response Reports for -Sept., Oct., & Nov. 2010 11-1 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-001-11 Infrastructure Stimulus Project -Deadline Extension 12-1 13. MUNICIPAL CLERK 'S DEPARTMENT (a) CLD-001-11 Proposed Fence Construction Cost Share By-law 13-1 (b) CLD-002-11 Accessibility Initiatives Undertaken for 2010 Municipal 13-12 Elections (c) CLD-003-11 Appointment to Newcastle Village Community Hall Board 13-31 (Confidential Attachment circulated separately) G.P. & A. Agenda ~ - 3 - January 10, 2011 14. CORPORATE SERVICES DEPARTMENT (a) COD-001-11 C2010-116, Co-Operative Tender Asphalt Registry 14-1 (b) COD-002-11 Council Comprehensive Compensation By-law for the 14-7 Term of Council 2011 to 2014; Confirming 1/3 Tax Free Allowance, and Updating the General Provisions 15. FINANCE DEPARTMENT (a) FND-001-11 2010 Accrual Based Budget for PSAB per Ont Reg 284/09 15-1 16. SOLICITOR'S-DEPARTMENT See Confidential Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS 19. OTHER BUSINESS 20. COMMUNICATIONS 21. CONFIDENTIAL REPORTS (a) LGL-001-11 Host Community Agreement -Analysis of Implications 22. ADJOURNMENT Clarington Lcnrlurx fhc IYap General Purpose and Administration Committee Minutes December 13, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, December 13, 2010 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill (attended the meeting until 10:43 a.m.) Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Purchasing Manager, J. Barber Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Solicitor, A. Allison Deputy Clerk, A. Greentree Clerk II, J. Gallagher. Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Woo announced that, on Tuesday, December 7, 2010, he and Councillor Hooper attended the ribbon cutting for the new business, located at 100 Mearns, called Studio Lamont Salon and Spa. -1- 4-1 General Purpose and Administration Committee Minutes December 13, 2010 Councillor Hooper congratulated the Clarington Older Adults Association (COAA) on their sold out annual Christmas dinner and dance which was held on Saturday, December 11, 2010. He also announced that the COAA will be holding their Christmas Concert with the Clarington Concert Band this Thursday, December 16, 2010 at 7:00 p.m. Councillor Hooper announced that he was pleased to see that all the Council members participated, through song, in the Annual Christmas Tree Lighting. MINUTES Resolution #GPA-502-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on September 27, 2010, be approved. CARRIED ALTER AGENDA Resolution #GPA-503-10 Moved by Councillor Novak, seconded by Councillor Woo THAT the agenda be altered in order to deal with the matter of the designation of Members of Council as Department Chairs at this time. CARRIED APPOINTMENT OF DEPUTY MAYOR Resolution #GPA-504-10 Moved by Councillor Hooper, seconded by Councillor Partner THAT in accordance with Section 226 of the Municipal Act, 2009, c.25, during the four- yearterm of Council (2010 through to 2014), Regional Councillor Wads 1 and 2 and Regional Councillor Wards 3 and 4 be appointed as the Deputy Mayor for the Municipality of Clarington on an alternating year-about schedule beginning with Regional Councillor Wards 1 and 2. CARRIED -2- 4-2 General Purpose and Administration Committee Minutes December 13, 2010 DESIGNATION OF MEMBERS OF COUNCIL AS DEPARTMENT CHAIRS Resolution #GPA-505-10 Moved by Councillor Novak, seconded by Councillor Woo THAT the Members of Council be designated as a Department Chair for the term ending December 31, 2012, as follows: Plannin Services De artment Councillor Ma Novak En ineerin Services De artment Councillor Corinna Traill O erations De artment Councillor Willie Woo Emer enc Services De artment Councillor Ron Hoo er Communit Services De artment Councillor Joe Neal Munici al Clerk's De artment Councillor Wend Partner Finance, Corporate Services & Solicitor's De artment & Administration Mayor Adrian Foster CARRIED PRESENTATIONS There were no presentations. DELEGATIONS There were no delegations. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application for Draft Plan of Condominium Approval Applicant: 2231231 Ontario Ltd. Report: PSD-113-10 Meaghan Harrington, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or support of the application. Scott Waterhouse, Sernas Associates, was present to represent the applicants. He stated that the application was a formality in order to transfer ownership. The project is underway and the developer is anxious to move forward. -3- 4-3 General Purpose and Administration Committee Minutes December 13, 2010 PLANNING SERVICES DEPARTMENT APPLICATION FOR A COMMON ELEMENTS PLAN OF CONDOMINIUM APPLICANT: 2231231 ONTARIO LIMITED Resolution #GPA-506-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD-113-10 be received; THAT the Draft Plan of Condominium application submitted by 2231231 Ontario Limited be approved, and that the Director of Planning .Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 3 of Report PSD-113-10; THAT a copy of Report PSD-113-10 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-113-10 and any delegations be advised of Council's decision. CARRIED PROPOSED DRAFT PLAN OF CONDOMINIUM TO ALLOW FOR CONDOMINIUM TENURE OF 119 TOWNHOUSE UNITS APPLICANT: ASPEN HEIGHTS LTD. Resolution #GPA-507-10 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD-114-10 be received; THAT the request to deem the subject application exempt from Sections 51(19.4), 51(20) and 51(37) of the Planning Act be considered appropriate in the circumstances as authorized by Section 9(7) of the Condominium Act and that a Public Meeting is not required; THAT the application for proposed Plan of Condominium C-C-2010-0002 submitted by Aspen Heights Ltd. be approved subject to conditions as contained in Attachment 3 to Report PSD-114-10; THAT the By-law authorizing the entering into a Condominium Agreement between the Owner of Draft Plan of Condominium C-C-2010-0002 and the Municipality of Clarington be approved as contained in Attachment 4 to Report PSD-114-10; and -4- 4-4 General Purpose and Administration Committee Minutes December 13, 2010 THAT the Durham Region Planning Department and all interested parties listed in -Report PSD-114-10 and any delegations be advised of Council's decision. CARRIED AMENDMENT TO SIGN BY-LAW 2009-123 APPLICANT: NEWTON-TRELAWNEY PROPERTY MANAGEMENT/DURHAM STANDARD CONDO CORPORATION 200 Resolution #GPA-508-10 Moved by Councillor Woo, seconded by Councillor Traill THAT Report PSD-115-10 be received; THAT the application for Amendment to the Municipality of Clarington Sign By-law 2009-123, submitted by Newton-Trelawney Property Management /Durham Standard Condo Corporation 200, to permit two permanent signs attached to two existing landscape feature walls on the subject property at 350 Lakebreeze Drive, Newcastle, be approved, and that staff be authorized to issue a permit for two permanent signs; and THAT all interested parties listed in Report PSD-115-10 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR . THE MEETINGS OF OCTOBER 7, OCTOBER 28, AND NOVEMBER 25, 2010 Resolution #GPA-509-10 Moved by Councillor Neal, seconded by Councillor Partner THAT Report PSD-116-10 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 7, October 28 and November 25, 2010 for applications A2010-0035 through A2010-0041, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED -5- 4-5 General Purpose and Administration Committee Minutes December 13, 2010 AMENDMENT TO FEES BY-LAW RELATED TO PLANNING AND DEVELOPMENT APPLICATIONS Resolution #GPA-510-10 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report PSD-117-10 be received; and THAT the By-law attached to Report PSD-117-10, being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington, be approved. ' CARRIED ONTARIO MUNICIPAL BOARD DECISION -APPEAL OF ZBA 2009-0009 APPLICANT: GREEN MARTIN HOLDINGS LTD._ Resolution #GPA-511-10 Moved by Mayor Foster, seconded by Councillor Traill THAT Report PSD-119-10 be received for information. CARRIED Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORTS ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, OCTOBER & NOVEMBER, 2010 Resolution #GPA-512-10 Moved by Mayor Foster, seconded by Councillor Hooper THAT Reports EGD-031-10, EGD-032-10 and EGD-035-10 be received for information. CARRIED -6- 4-6 General Purpose and Administration Committee Minutes December 13, 2010 LONGWORTH ESTATES SUBDIVISION PHASE 3, BOWMANVILLE, PLAN 40M-2325, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-513-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report EGD-033-10 be received; THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2325; and THAT Council approve the By-law attached to Report EGD-033-10, assuming certain streets within Plan 40M-2325 as public highways. CARRIED LIBERTY 2 SUBDIVISION, BOWMANVILLE, PLAN 40M-2316, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-514-10 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report EGD-034-10 be received; THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2316; and THAT Council approve the by-laws attached to Report EGD-034-10, assuming .certain streets within Plan 40M-2316 as public highways. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. -7- 4-7 .., General Purpose and Administration Committee Minutes December 13, 2010 COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Partner chaired this portion of the meeting. CLERK'S DEPARTMENT 3~d QUARTER PARKING REPORT Resolution #GPA-515-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CLD-031-10 be received; and THAT a copy of Report CLD-031-10 be forwarded to the Bowmanville Business Centre for their information. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT KENDAL COMMUNITY CENTRE LEASE AND SUBLEASE RENEWAL Resolution #GPA-516-10 Moved by Councillor Traill, seconded by Councillor Woo THAT Report COD-051-10 be received; THAT the lease agreement with the Kendal Community Association (Schedule A to Report COD-051-10) for the term of January 1, 2011 to December 31; 2015 be approved; THAT the 2010 sub-leases for The Kendal Lions Club (Schedule B to Report COD-051-10) and the Kendal Postal Outlet (Schedule C to Report COD-051-10) be approved; THAT the extension of the subleases for a five year term be approved; and THAT the Mayor and the Clerk be authorized to execute the necessary agreements. CARRIED -8- 4-8 General Purpose and Administration Committee Minutes December 13, 2010 TENDER NO. CL2010-28 -GRASS CUTTING & TRIMMING Resolution #GPA-517-10 Moved by Councillor Partner, seconded by Councillor Novak THAT Report COD-052-10 be received; THAT Tom's Landscaping Maintenance and Design, Oshawa, Ontario, with a total bid amount of $91,740.90 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 1 as required by the Operations Department; THAT G.W.S. Landscaping, Bowmanville, Ontario with a total bid amount of $98,543.59 (net of H.S.T. Rebate), being the lowest responsible bidder meeting alf terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 2 as required by the Operations Department; THAT Tom's Landscaping Maintenance and Design, Oshawa, Ontario, with a total bid amount of $33,297.57 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 3 as required by the Operations Department; THAT Birds Property Management and Ground Control, Hampton, Ontario, with a total bid amount of $4,570.68 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 4 as required by the Operations Department; THAT the award, stated above in paragraph 4, be subject to the approval of the Regional Municipality of Durham; THAT pending satisfactory service the contract be extended for a second and third year; grid THAT the funds expended be drawn from the Operations Department Annual Operating Budget Account 100-36-325-10115-7163 Parks Maintenance Contract. CARRIED -9- 4-9 General Purpose and Administration Committee Minutes December 13, 2010 CONTRACT AWARDS DURING COUNCIL RECESS Resolution #GPA-518-10 Moved by Councillor Traill, seconded by Councillor Novak THAT Report COD-053-10 be received for information. CARRIED JOHN HOWARD SOCIETY -LEASE EXTENSION COMMUNITY LIVING OSHAWA / CLARINGTON -LEASE EXTENSION 132 CHURCH STREET, BOWMANVILLE Resolution #GPA-519-10 Moved by Councillor Novak, seconded by Councillor Traill THAT Report COD-054-10 be received; THAT the Lease Extension from the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of $13,754.03 per year for the term of January 1, 2011 to December 31, 2011 be approved; THAT the Lease Extension from the Community Living Oshawa /Clarington fo.r the existing•leased space at 132 Church Street, Bowmanville, in the amount of $13,754.03 per year. for the term of January 1, 2011 to December 31, 2011 be approved; THAT Mayor and the Clerk be authorized to execute the lease agreements with the John Howard Society acid Community Living Oshawa/Clarington; THAT staff be authorized to continue discussions with the John Howard Society and Community Living Oshawa/Clarington with a view to expanding the their current leased space and planning the required lease hold improvements required to accommodate the longer term needs of both organizations, as funds permit; and THAT staff report on the results of the discussions with the John Howard Society and Community Living Oshawa/Clarington and provide an update of the proposed lease hold improvements with an estimate of costs, as appropriate, to be borne by the tenant and possible timing. CARRIED -10- 4-10 General Purpose and Administration Committee Minutes December 13, 2010 FINANCE DEPARTMENT The Finance Department report was considered in the "Confidential Reports" section of the Agenda. 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 APPOINTMENT TO VERIDIAN CORPORAT-ION BOARD OF DIRECTORS - 1 MEMBER (TABLED FROM DECEMBER 6, 2010 COUNCIL MEETING) Resolution #GPA-520-10 Moved by Councillor Traill, seconded by Councillor Novak THAT the matter of the appointment to the Veridian Corporation Board of Directors be lifted from the table. CARRIED CLOSED SESSION Resolution #GPA-521-10 Moved by Councillor Woo, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the appointment to the Veridian Corporation Board of Directors, a .matter which deals with personal matters about an identifiable individual. CARRIED RISE AND REPORT The meeting resumed in open session at 10:35 a.m. with Mayor Foster in the Chair. The Mayor advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. -11- 4-11 General Purpose and Administration Committee Minutes December 13, 20,10 Resolution #GPA-522-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Jim Schell be nominated for the election of directors to the Board of the Veridian Corporation for a term commencing on January 2, 2011 and expiring on December 31, 2012. MOTION LOST (See Following Motions) Resolution #GPA-523-10 Moved by Councillor Neal THAT the foregoing resolution #GPA-522-10 be amended to add: "That the appointment to the directors of the Veridian Board of Directors be advertised in the local newspapers and applications be submitted to the Municipality of Clarington to be appointed at the first General Purpose and Administration meeting in January, 2011." Prior to a seconder being identified, the Chair ruled the amending motion out of order because it is contrary to the main motion. Councillor Neaf immediately appealed the ruling of the Chair on the basis that it directly relates to an appointment to the Board. The Question "will the ruling of the Chair be sustained?" was put to a vote. The ruling of the Chair was sustained. The foregoing resolution #GPA-522-10 was put to a vote and was then Lost. Resolution #GPA-524-10 Moved by Councillor Partner, seconded by Councillor Traill THAT Frank Stapleton be nominated for the election of directors to the Board of the Veridian Corporation for a term commencing on January 2, 2011 and expiring on December 31, 2012. CARRIED Councillor Traill left the meeting at 10:43 a.m. -12- 4-12 General Purpose and Administration Committee Minutes December 13, 2010 COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS EXPROPRIATION OF 902714 ONTARIO INC. (BRUCE BROWN) MINUTES OF SETTLEMENT Resolution #GPA-525-10 Moved by Councillor Novak, seconded by Councillor Woo THAT the recommendations contained in the Confidential Report PSD-120-10 be approved. CARRIED MUNICIPAL ACT 2001, S.O. CHAPTER 25 -TAX SALE EXTENSION AGREEMENT Resolution #GPA-526-10 Moved by Councillor Woo, seconded by Councillor Partner THAT the recommendations contained in the Confidential Report FND-026-10 be approved. :CARRIED OTHER BUSINESS COUNCIL'S APPOINTMENT TO VERIDIAN CORPORATION BOARD OF DIRECTORS Councillor Woo announced that he will be giving a Notice of Motion to reconsider Council's Veridian Board appointment. COMMUNICATION FROM MS. RACANSKY THANKING THE OPERATIONS DEPARTMENT FOR THEIR ASSISTANCE ON HANCOCK ROAD Councillor Novak read a communication from Libby Racansky where she thanked the Operations Department for their assistance with the improvement of the streetscape on Hancock Road (where the elm hedge was removed and the native cedar hedge was planted in its place). She noted that the cedars were supplied by CLOCA's partnership with the Anglers and Hunters to help improve wetlands and forest functions. -13- 4-13 General Purpose and Administration Committee Minutes December 13, 2010 REQUEST FOR REPORT ON ANALYZING IMPLICATIONS OF THE HOST COMMUNITY AGREEMENT -PROPOSED ENERGY FROM WASTE FACILITY Resolution #GPA-527-10 Moved by Councillor Woo, seconded by Councillor Hooper WHEREAS The Corporation of the Municipality of Clarington and The Regional Municipality of Durham entered into a Host Community Agreement dated February 18, 2010 which set out their rights and obligations regarding a proposed energy from waste facility (the "EFW Facility"); and WHEREAS in a decision dated October 21, 2010, the Minister of the Environment gave approval under the Environmental Assessment Act to proceed with the proposed EFW Facility subject to conditions; and WHEREAS the conditions imposed by the Minister addressed some, but not all, of the matters that were dealt with in the Host Community Agreement; and WHEREAS there continues to be a concern in the Municipality regarding the Municipality's involvement in the EFW process, NOW THEREFORE BE IT RESOLVED THAT staff be directed to prepare a report that analyzes all implications of the Host Community Agreement; and THAT such report be prepared for consideration at the General Purpose & Administration Committee meeting on January 10, 2011. CARRIED ADJOURNMENT Resolution #GPA-528-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the meeting adjourn at 10:56 a.m. CARRIED MAYOR -14- DEPUTY CLERK 4-14 DRAFT LIST OF DELEGATIONS GPA Meeting: January 10, 2011 (a) Gerry Anderson, Regarding Report PSD-004-11, Regarding the Bowmanville Community Improvement Plan Grants Update (b) Sharon Barclay, on behalf of Dave Boyd, Regarding an Off Leash Dog Park 6-1 ® ~ ~ CORPORATION OF THE . ~~(~ yr~ n MUNICIPALITY OF CLARINGTON (.L( _(j NOTICE OF COMPLETE APPLICATION PUBLIC MEETING Leading the Way . $ pUBLIC MEETING REPORT # PSD-001-11 HEADGAT~ GROUP INC. DEVELOPMENT APPLICATION BY: HEADGATE GROUP INC: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY=LAW AND A PROPOSED DRAFT PLAN OF SUBDIVISION TAKE NOTICE that the Council of the_Corporation of the Municipality of Clarington has deemed the above noted applications complete for circulation and review purposes and will consider a proposed Official Plan Amendment, a proposed Zoning By-law Amendment, and. a Draft Plan of Subdivision under Sections 17, 34 and 51 respectively of the Planning Act, 1990, as amended. APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN The proposed amendment to the Clarington Official Plan would have the effect of deleting the Public Elementary School symbol from the Urban Residential designation. APPLICATIONS TO AMEND THE ZONING BY-LAW AND A PROPOSED DRAFT PLAN OF SUBDIVISION The proposed amendment to the Zoning By-law would be to rezone the lands to an appropriate zone to permit the proposed 18-unit Draft Plan of Subdivision submitted by Headgate Group Inc.. The proposed Draft Plan of Subdivision consists of 18 lots for the development of single detached dwellings, part lots and a block for future development, roads, 0.3 metre reserves and related services. The subject lands are located in Part Lot 27, Concession 3, former Township of Darlington as shown on reverse. Planning File No.: COPA 2009-0005, ZBA 2009-0021 & S-C-2009-0001 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to.the proposed development. The public meeting will be held on: DATE: Monday, January 10; 2011 TIME: 9:30 a.m. PLACE:' Council Chambers, 2"d Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday January 17, 2011, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by noon on Wednesday, January 12, 2011 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? . If you wish to make a written submission or if you wish to be notified of subsequent meetings or the approval of the Draft Plan of Condominium, you must submit a written request to the Clerk's Department, 2"d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmahville, Ontario L1C 3Ati, or by calling Anne Taylor Scott at (905) 623-3379 Ext 217 or by a-mail at ataylorscott~clarington.net. APPEAL If a person or public body does not make oral submission at this public meeting or make written submission to the Municipality of Clarington before the proposed applications are approved, the person:' i) Is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board .unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a.party. Dated at the Municipality of Clarington this 22nd day of. November 2010. ay Langmai , FCSLA, MCIP 40 Temperance Street Acting Director, Planning Services Bowmanville, Ontario Municipality of.Clarington L1C 3A6 Co; LDO 7-1 -~-~ HARRY GAY DRIVE m O m w O m 0 ~ • A O! N Oa G) • ~~f25 NO D OO V WfT A ,.~~ `` ~ m • O 0 ~ ~ g v HANCOCK ROAD ~_ n nono e d ~ N v ~ o ~ ~ 3. ~ ~ p ~ ID . ~ ~ n 3 to ~ N O® M~~ v o ,~' o O ~ p0 ~ ~ ~ ~' ~ ~ ~ ~ ~ ~ O ~ , Of D ~ 'il r . ~ ~'O ~O ~ p `; m o ~ c 'a m o y cc o 0 3 Q. O ~ ~ °o a o 3 °o ~ b s ~ d s ~ ~ ~ y C ~ ~ Q. w VJ a. ~ .~, 3 ~. ~ ~ . _ ~-2 la.~i~ n Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2011 Resolution #: By-law #: N/A Report #: PSD-001-11 File #: COPA 2009-0005, ZBA 2009-0021 and S-C-2009-0001 Subject:. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND A PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT 18 SINGLE DETACHED RESIDENTIAL UNITS APPLICANT: HEADGATE GROUP INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-001-11 be received; 2. THAT the applications to amend the Clarington Official Plan (COPA 2009-0005) and Zoning By-law 84-63 (ZBA 2009-0021) and for a proposed Draft Plan of Subdivision (S-C-2009-001) continue to be processed in the context of a broader review of the Hancock Neighbourhood Design Plan, including the preparation of a subsequent report considering all agency comments and comments received at the Public Meeting; and 3. THAT all interested parties listed in Report PSD-001-11 and any delegation be advised of Council's decision. .~~ Submitted by: Reviewed by: j~c~-~- e~--~- Davi J ome, CIP, RPP Franklin Wu Director of Planning Services Chief Administrative Officer ATS/CP/df 4 January 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-1 REPORT NO.: PSD-001-11 PAGE. 2 1.0 APPLICATION DETAILS 1.1 Owner: Headgate Group Inc. 1.2 Proposed Official Plan Amendment: To amend "Map A2 -Land Use Courtice Urban Area" by deleting the Public Elementary School symbol from the subject lands. 1.3 Proposed Zoning By-law Amendment: To rezone the subject lands from Agriculture "A", to appropriate zones, to implement the proposed draft plan of subdivision. 1.4 Proposed Draft Plan of Subdivision: To permit the development of 18 single detached dwelling lots, part lots, a block for future development, roads and 0.3 metre reserves. 1.5 Site Area: 1.68 hectares (4.2 acres). 1.6 Location: The lands subject to these applications are generally located west of Hancock Road, north of Nash road, being in Part Lot 27, Concession 3, in the former Township of Darlington (see Attachment 1). 2.0 BACKGROUND 2.1 Headgate Group Inc. has submitted applications to develop lands in the Hancock Neighbourhood for single detached residential units. The proposed Official Plan Amendment would have the effect of deleting the Public Elementary School symbol and would allow low density residential development to proceed. The proposed draft plan of subdivision would permit the development of 18 single detached dwelling lots, and the Zoning By-law Amendment application would be appropriate to implement the proposed Draft Plan of Subdivision (Attachment 2). 2.2 The subject applications were received in late 2009 and deemed incomplete in January 2010. A component of deeming the application complete was initiating and authorizing an Environmental Impact Study (EIS) in accordance with our Official Plan policies and guidelines. Terms of Reference for the EIS were drafted by the applicant, reviewed and approved by municipal staff and staff at the Central Lake Ontario Conservation Authority. Subsequently a proposal was received by the EIS consultant and the funding for the study was secured by the developer. The applicant also initiated revisions to the application, including a resubmission of the draft plan of subdivision during this time. Once all outstanding items were received and addressed, staff deemed the applications complete on November 17, 20.10 and a public meeting .was duly scheduled. 8-2 REPORT NO.: PSD-001-11 PAGE 3 2.3 Headgate Group Inc. currently owns two deep lots west of Hancock Road, north of Nash Road. The subject lands were identified as a future development block within draft approved plan of subdivision S-C-2004-002. The owner is currently working towards registration of the draft approved. plan to the south for 23 lots; however development will be phased subject to the construction of road improvements and connections. At this time, the owner has submitted applications to develop a portion of the future development block for residential purposes as the local school board has determined that the site is no longer needed as a public elementary school site. 2.4 The subject lands are within the Hancock Neighbourhood planning area. The existing Hancock Neighbourhood Design Plan was approved in 1998 and formed the basis for the approval of two proposed draft plans of subdivision 18T-92014 and 18T-94027 (Attachment 3). Shortly after the approval, the Ministry of Natural Resources released new mapping for the Black-Farewell Wetland Complex. This new mapping significantly impacted the development potential for the Hancock Neighbourhood and in 2006 Planning Staff reported on the need to review the Hancock Neighbourhood Design Plan (PSD-112-06) and also highlighted staffing and budgeting limitations to completing the update. Since that time, the local school board has determined the designated public elementary school site is no longer required which further impacts the design plan. 2.5 Supporting Documentation The applicants submitted the following studies/reports in support of the draft plan of subdivision: • Phase 1 Environmental Site Assessment -originally submitted with S-C- 2004-002 • Noise Compatibility Assessment -originally submitted with S-C-2004-002 • Functional Servicing Plan • Stage 1 and 2 Archaeological Assessment In addition to the aforementioned reports, an update to the 2006 Environmental Impact Study prepared by Aquafor Beech Ltd. is being completed at the developer's expense. All reports must be completed to the Municipality's satisfaction prior to staff recommending draft approval of the plan of subdivision. Review of these reports has not been completed at this time. Staff will review the findings with the applicant should additional work be required. 8-3 REPORT NO.: PSD-001-11 PAGE 4 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The site is relatively flat and heavily vegetated, but vacant of structures. 3.2 Surrounding Uses West:. Vacant, school block within Registered Plan of Subdivision 40M-2364 East: Rural residential, Courtice Auto Recycling Ltd. (southeast) North: A Provincially Significant Wetland, Registered Plan of Subdivision 40M-2364 South: Draft Approved Plan of Subdivision S-C-2004-002 4.0 PROVINCIAL POLICY 4.1 2005 Provincial Policy Statement (PPS The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns within settlement areas shall be based on the efficient use of land, infrastructure and other public services, such as public transit. Opportunities for intensification and redevelopment shall be indentified and promoted. A land use pattern, density and mix of uses should be promoted to minimize vehicle trips and support transportation choices. Natural features shall be protected for the long term. The diversity and connectivity of such features should be maintained, restored, or where possible, improved. Development and site alteration shall not be permitted on adjacent lands to significant natural heritage features unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The Growth Plan provides a framework for accommodating growth in both existing built up areas, through intensification and redevelopment, and within greenfield areas. The subject Draft Plan is within a greenfield. area. New development in greenfield areas are to be complete communities with access to a mix of jobs, services, housing, school recreation and open space that is easily accessed through various modes of transportation. The greenfield area of each upper-tier municipality will be planned to achieve a minimum density target that is not less than 50 residents and jobs combine per hectare. Major growth is to be directed to areas serviced by existing or planned municipal infrastructure, such as water and sewer services. Natural heritage features that complement, link or enhance natural systems shall be identified and protected. 8-4 REPORT NO.: PSD-001-11 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan PAGE 5 Within the Durham Regional Official Plan, the lands are designated as Living Area, with an indication of Key Natural Heritage and Hydrologic Features. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The natural environment, including Key Natural Heritage and Hydrologic Features, shall be given paramount consideration in light of their ecological functions and scientific, educational and health values. In consideration of development applications in designated Living Areas, regard shall be had for the intent of this plan to achieve the following: • A compact urban form; • The use of good urban design principles; • The provision of convenient pedestrian access to public transit, educational facilities and parks; • A grid pattern of roads; • The provision and distribution of parks, trails and pathways and educational facilities; • The types and capacities ofthe-existing municipal services, infrastructure and the feas7bility of expansion; and • The balance between energy efficiency and cost. 5.2 Clarington Official Plan Within the Clarington Official Plan, the subject lands are designated as Urban Residential and Environmental Protection Area. A Public Elementary School symbol is designated on the lands. The use of land in the Urban Residential designation is predominantly for single and semi detached housing with a net density no greater than 30 units per net hectare. The lands are within the Hancock Neighbourhood of the Courtice Urban Area, which has a population allocation of 2900 and a housing unit target of 975. The Environmental Protection Area includes a significant woodlot and a wetland as identified on Map C1, Natural Heritage System. The subject site is within the Lake Iroquois Beach. The wetland is a portion of the Black/Farewell Wetland Complex, a Provincially Significant Wetland. An Environmental Impact Study (EIS) is required for development applications located on lands within or adjacent to the Lake Iroquois Beach and/or, any natural heritage feature identified on Map C1. In addition, plans of subdivision within the Lake Iroquois Beach shall contain provisions to implement the recommendations of any EIS, watershed study or subwatershed study to maintain or enhance groundvvater functions including but 8-5 REPORT NO.: PSD-001-11 PAGE 6 not limited to special house and infrastructure design requirements, stormwater management or construction techniques. Prior to municipal approval of any draft plan of subdivision, the Municipality will prepare a subwatershed plan. Where a master drainage plan has been approved, the master drainage plan will substitute for the requirement for a subwatershed plan. The East (Macourtice) Tributary of Black Creek Master. Drainage Study was prepared and submitted for approval to the Municipality and the Central Lake Ontario Conservation Authority in 1991. Map `F' shows a symbol for a Waste Disposal Assessment Area southeast of the subject site. This designation applies to the Courtice Auto Recycling Ltd. located north of Nash Road and west of Hancock Road. Waste Disposal Assessment Areas shall include all lands that may be influenced by a site on which waste has been deposited, or by a site on which waste will be deposited under a Provisional Certificate of Approval issued under the Environmental Protection Act. The area of influence shall be defined as 500 metres from the lands containing wastes unless otherwise determined by the Province. Development within these areas shall be regulated in order to protect public health and safety and to ensure land use compatibility. New development will not be permitted within a Disposal Assessment Area unless the following requirements are met: a) written approval is received from the Province that the provisions of the relevant legislation are satisfied; b) studies of gas, leachate, hydrogeology and structural stability, soil and ground water contamination, presence of hazardous wastes and safety are completed which show the development is compatible and can safely take place;.and c) measures are taken to the satisfaction of the Province in consultation with the Municipality to control any problems identified through the above study. Hancock Neighbourhood Design Plan The proposed plan of subdivision is located within the Hancock Neighbourhood. A neighbourhood design plan was prepared and approved by the Director of Planning and Development and the Director of Public Works in September 1998. The plan provides a visual interpretation of the future development of the neighbourhood. As noted in the background and staff comments sections of this report, the Hancock Neighbourhood Design Plan requires revisions. 6.0 , ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Environmental Protection (EP)" and "Agricultural (A)". A zoning. by-law amendment will be required in order to implement the proposed plan of subdivision. 8-6 REPORT NO.: PSD-001-11 7. 0 PUBLIC NOTICE AND SUBMISSIONS PAGE 7 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site and a public meeting sign was installed at the end of Broome Avenue. 7.2 As of the date of writing this report, staff has received one inquiry at the Planning counter from a nearby resident to the east. The individual had general questions relating to the development. 7.3 Various written submissions have been received from Libby Racansky, a nearby resident. Ms. Racansky's concerns have been focused on the environmental impacts of the development, including: • drying and contamination of wells; • wetness of the area; • increased volume of water released to stormwater management pond and warm water being released to watercourse; • suggestions that the EIS did not accurately reflect species present on the site; • Hancock Neighbourhood design plan requires revisions; • densities to be reviewed in light of environment constraints; • adequacy of buffers to Provincially Significant Wetland and auto wrecker site; and • impact of light pollution requires implementation. Ms. Racansky has also expressed concerns with the approved Plan of Subdivision 40M-2364 located to the west. All of Ms. Racansky's submissions have been forwarded to the EIS consultant for their review and consideration as part of the update required to the 2006 EIS. prepared by Aquafor Beech Ltd. 8.0 AGENCY COMMENTS 8.1 A number of agencies have been circulated the proposed applications. To date, comments have not been received from the majority of the circulated agencies including the following departments and agencies: • Region of Durham Planning Department • Region of Durham Works Department • Central Lake Ontario Conservation Authority • Bell Canada • Canada Post • Separate School Board • Hydro One Networks Inc. 8-7 REPORT NO.: PSD-001-11 PAGE 8 8.2 The Clarington Engineering Services Department has reviewed the proposed draft plan of subdivision and notes that the plan is premature pending further discussion and consideration of the Hancock Neighbourhood Design Plan. Road and lotting patterns will require modifications. Development cannot proceed until such time as suitable road and service connections are constructed in adjacent Plan of Subdivision S-C-2004-002. Lots without street frontage would be frozen until roads are constructed. The developer will also be responsible for any oversizing of works that have been identified in previous front end agreements. Prior to final approval, and in addition to standard technical requirements, the applicant will be required to satisfy the Engineering Services Department regarding the following concerns and conditions: • Neighbourhood Design Plan • Traffic and Road Geometrics • Grading and Drainage • Servicing • On-Street Parking • Street Trees • Noise Attenuation • Timing of Development 8.3 .The Kawartha Pine Ridge District School Board has previously confirmed that the public elementary school site is no longer needed at this location. The school board has recently advised that the development will generate approximately four (4) elementary school pupils and three (3) secondary school students. These students will be attending Courtice North Public School and Courtice Secondary School respectively. 8.4 Clarington Emergency Services Department has identified the need for turnaround facilities if any access route exceeds 90 metres. 8.5 Clarington Operations Department, Enbridge and Rogers Cable have offered no objection. 9.0 STAFF COMMENTS 9.1 The proposed draft plan of subdivision is part of a previously draft approved plan of subdivision (S-C-2004-002). It is proposed that the dwellings would be accessed by the northerly extension of the local street which will connect Broome Avenue with Tabb Avenue. Lots that are located along. the east property limits would be frozen until proposed road connections are constructed to the east. The timing of development to the east of the subject lands is unknown at this time. 9.2 Development proposed north of Broome Avenue is the location of a portion of a school block within the Neighbourhood Design Plan (see Attachment 3). The remaining portion of the school block is within adjacent Plan of Subdivision 40M-. 2364 and is vacant. A proposed Official Plan Amendment is included as 8-8 REPORT NO.: PSD-001-11 PAGE 9 Attachment 4 which would have the effect of deleting the elementary school symbol. 9.3 The subject lands are currently within 500 metres of Courtice Auto Recycling Ltd. (Attachment 5). During the review of adjacent draft approved plan of subdivision S-C-2004-002, a 30 metre buffer was established surrounding the auto wrecker site. Block 25 will continue to provide this buffer to the draft approved lots and Staff will ensure that an adequate buffer is applied through the consideration of the subject draft plan of subdivision. 9.4 An Environmental Impact Study was completed by Aquafor Beech Limited in 2006. At the time, the study contemplated the lands north of Broome Avenue as a school site. The study suggested that an innovative school design could offer protection to sensitive plant species found within vegetated areas. The school site, with its large land area, would have a low percentage of impervious areas because of playing fields and open space surrounding the school. This would assist in maintaining the water balance of the nearby Provincially Significant Wetland. The assumptions made in the 2006 Aquafor Beech EIS no longer apply as the school site is no longer.being pursued. An update to the 2006 EIS is currently underway which will ensure that the impacts on the natural features are accurately reflected given the proposed residential use. The developer is responsible for the cost of the EIS update. 9.5 It was determined, through the approval of Draft Plan of Subdivision S-C-2004- 002, .that development of the initial 23 residential units to the south could proceed, subject to phasing requirements, as the lots are outside any area directly impacted by the changes to the design plan. Report PSD-060-09 noted that any further development of the Headgate lands beyond that lots that were draft approved would be contingent upon the review of the Hancock Neighbourhood Design Plan. 9.6 The proposed draft plan of subdivision is premature pending revisions to the Hancock Neighbourhood Design Plan. Further review of the Design Plan is required on a broader neighbourhood scale due to the changing circumstances since the Design Plan's approval in 1998, including: revised wetland mapping, elimination of the school site from the school board's position and the approval of various other plans of subdivision in the neighbourhood. Road and lotting patterns, servicing plans, active and passive transportation routes, population and housing targets, parkland and natural features to be protected, must be reviewed and approved prior to further consideration of the proposed draft plan of subdivision. Consultation with the public, developers, Staff and agencies will be required. 9.7 Funding for the update to the Neighbourhood Design Plan is being contemplated through the 2011 budget process. The update is necessary now as the developer of draft plan of subdivision 18T-94027 is proceeding through the final stages of approval and in order to assess the subject applications from Headgate Group Inc. 8-9 REPORT NO.: PSD-001-11 PAGE 10 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements under the Planning Act for Public Meetings and taking into consideration the outstanding agency comments, staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent Report. Staff Contact: Anne Taylor Scott Attachments: Attachment 1 -Key Map Attachment 2 -Proposed Draft Plan of Subdivision Attachment 3 -Subdivision Overlay on Hancock Neighbourhood Design Plan Attachment 4 -Proposed Official Plan Amendment as submitted by Applicant Attachment 5 -Air Photo Illustrating Buffer area Interested parties to be advised of Council's decision: Andy Anderson, Headgate Group Inc. 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BASIS: The Amendment is based on an. application submitted by Tunney Planning Inc. on behalf of Headgate Group Inc. to delete the Public Elementary School. The underlying designation of Urban Residential shall apply. ACTUAL AMENDMENT: Actual amendment would be deleting the Public Elementary .School designations on Part Lot 27, Concession. 3, of the Former Township of Darlington. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of 'the Plan shall apply to this amendment. 8-14 Proposed Official Plan Amendment Headgate Group Inc. ~ ~ ""'~~. Delete from Map A2: -- URBANE°""°ARv Public Elementary School FUTURE ®URBAN RESIDENTIAL URBAN RESIDENTIAL . . ' ~ 1 ~ m ~ M '•~~ ~ ~ ~ __ I ` i ~ ~ { ®HOH DENSYfY . RESIDENTIAL , ~ l d _ I 1 i L -! 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ZBA 2009.0021 COPA 2009.0005 SC 2009.0001 Subdivision Limits ~ Courtice Auto Recycling Ltd Site 30 m Buffer Area 1 .in n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2011 Resolution #: By-law #: N/A Report #: PSD-002-11 File #: A2010-0040 and A2010-0043 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 16, 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-002-11 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on December 16, 2010 for applications A2010-0040 and A2010-0043, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Dav' rome, MCIP, RPP Director of Planning Services MM/PW/CP/df 23 December 2010 Reviewed by: ~~~'``" `~ -~- ~'`-~~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-17 REPORT NO.: PSD-002-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISION OF COMMITTEE OF ADJUSTMENT FOR December 16, 2010 APPlication Number Staff Recommendation Decision of Committee A2010-0040 A rove with conditions A roved with conditions A2010-0043 Table Tabled 1.2 Application A2010-0040 was filed to permit the construction of a proposed single detached dwelling by reducing the minimum required rear yard setback from 10 metres to 2 metres and to permit the construction of a proposed detached garage by increasing the maximum permitted total floor area from 90 square metres to 112 square metres. The Committee concurred with Staffs recommendation, to approve the application with the addition of a condition that screening of the detached garage be to the satisfaction of the Director of Planning Services. 1.3 FCHT (Ontario) Holdings Corporation submitted a Site Plan Amendment application to permit the construction of a 429 m2 bank at 185 & 195 King Street East, in Bowmanville (in addition to the existing Staples and Beer Store already on-site). Minor Variance application A2010-0043 was received on November 19th, 2010. This application sought relief from parking, loading and building frontage requirements in the Zoning By-law. A Parking Study, in support of their Minor Variance application, was subsequently submitted on December 8th, 2010. While the methodology of the Parking Study and the fieldwork conducted were found to be satisfactory, the analysis of the results was not comprehensive. Specifically, the Parking Study did not account for seasonal differences in parking needs for the existing uses on-site. These outstanding matters were unable to be satisfactorily resolved by the author of the Study prior to the preparation of Staffs comments for the Minor Variance. Since the amount of parking provided on-site is directly related to the location and size of the proposed building as well as the layout of the site, the other variances requested in this application will be impacted by the final parking results. Therefore, i# was Staffs opinion that all aspects of this application should be simultaneously reviewed in a comprehensive manner upon the resolution of the parking analysis. The Committee concurred with Staffs position and tabled the application until January 20th, 2011. 8-18 REPORT NO.: PSD-002-11 PAGE 3 2.0 COMMENTS 2.1 Staff reviewed the Committee's decisions and are satisfied that application A2010-0040 is in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, is minor in nature and desirable. 2.2 ,Staff concur with the Committee's decision for application A2010-0043. Staff Contact: Mitch Morawetz Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment (December 22, 2010) 8-19 Attachment 1 To Report PSD-002-11 ~~~~ ~ Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: LESLIE MACPHERSON OWNER: DAWNA DAMS PROPERTY LOCATION: 4858 TRUCES ROAD, MITCHELL CORNERS PART LOT 31, CONCESSION 4 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2010-0040 PURPOSE: To permit the construction of a proposed single detached dwelling by reducing the minimum required rear yard setback from 10 metres to 2 metres and to permit the construction of a proposed detached garage by increasing the maximum permitted total floor area from 90 square metres to 112 square metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a proposed single-detached dwelling by reducing the minimum required rear yard setback from 10 metres to 2 metres and to permit the construction of a proposed detached garage by increasing the maximum permitted total floor area from 90 square metres to 112 square metres subject to the condition that prior to the issuance of a building permit for the detached garage, the owner obtain a permit from the Central Lake Ontario Conservation Authority to install a watercourse crossing designed to provide vehicular access to the proposed detached garage within eighteen months of final approval of this Minor Variance application and that the detached garage shall be designed in a manner which is keeping with the architectural design and exterior finishes of the proposed dwelling and is sufficiently screened to the satisfaction of the Director of Planning Services. DATE OF DECISION: December 16, 2010 LAST DAY OF APPEAL: January 5, 2011 8-20 • arm. n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: R G RICHARDS & ASSOCIATES OWNER: FCHT HOLDINGS (ONTARIO) CORPORATION PROPERTY LOCATION: 195 KING STREET EAST, BOWMANVILLE PART LOT 10, CONCESSION 1 FORMER TOWN OF BOWMANVILLE FILE NO.: A2010-0043 PURPOSE: To permit the construction of a bank by: 1. Not locating the required loading space abutting the building or structure for which it is required. 2. Increasing the require parking space ratio from one parking space for each 30 square metres of gross floor area (1:30m2) to one parking space for each 39 square metres of gross floor area (1:39mz) :and 3. Reducing the length of a business establishment facade erected or used on a lot with a frontage on King Street East from 50% to 29% of the length of the lot frontage. DECISION OF COMMITTEE: To table the application to the January 20th meeting of the Committee of Adjustment. DATE OF DECISION: LAST DAY OF APPEAL: December 16, 2010 January 5, 2011 8-21 Le~.~g~heWY ~~~~'~0n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2011 Resolution #: By-law #: NIA Report #: PSD-003-11 File #: PLN 37.1 Subject: ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-003-11 be received for information; and 2. THAT any interested parties listed in Report PSD-003-11 be notified of Council's decision. Submitted by: Davi J. Crome, MCIP, RPP Director, Planning Services FL/df/ah 16 December 2010 `~ ~'1~?~ Reviewed by: - Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 $-22 REPORT NO.: PSD-003-11 PAGE 2 1.0 BACKGROUND 1.1 In September 2003, Council approved the preparation of a Community Improvement Plan (CIP)-for Orono. The terms of reference for the study called for a community focus group, which was formed in October of 2003 and guided the study to its completion in January of 2005. 1.2 Council adopted the Community Improvement Plan and project area by By-law 2005-009, -the Ministry of Municipal Affairs and Housing approved the CIP on July 14, 2005. 1.3 The Community Improvement Plan allows the Municipality to provide incentives (grants) to business owners and property owners in the Orono Community Improvement Project Area (the Orono BIA boundary). The merchants and business owners of the area were notified via a flyer of the incentives. available. Should they apply for a building permit or works that may be subject to a grant they are informed of such by the Building Division and Planning Services Staff. Representatives of the Community Liaison Group, the advisory committee for implementation, speak to the merchants on a regular basis to ensure that merchants are aware of the services they can tap into. 1.4 In summer of 2008 Council approved an amendment to the Orono CIP which allows for an Upgrade to Building Code Grants, and an Infill Grant to address the redevelopment of brownfield sites or the loss of buildings through natural disasters such as fires and other specific identified situations. The amendment also added two properties to the CIP boundaries. 2.0 CIP INITIATIVES 2.1 General Rules for the Grant Program There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. We have encouraged applicants to take advantage of the free design service offered by the Planning Services Department for facade improvements and development of visualizations. In all cases we have worked with applicants and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor paid. Property owners must be current with their tax payments. For properties that have multiple municipal street addresses or storefronts, each property owner is subject to an overall maximum of $45,000. 2.2 Buildiny Facade Improvement Grant Prooram This grant program is intended to assist property owners with the financing of building facade improvements. The grant covers up to one half of the costs of the eligible work per business to a maximum of $5,000. 8-23 REPORT NO.: PSD-003-11 2.3 Signage Improvement Grant Program PAGE 3 This grant program is intended to .assist property owners with the financing of signage improvements. The grant covers up to one half of the costs of the eligible work per building to a maximum of $2,000. 2.4 Infill Project Grant Program The intention of the Infill Project Grant Program is to assist property owners within the Community Improvement Plan area with financing the cost of the development process. The program allows the Municipality of Clarington to provide a one time grant to offset the cost of the construction to a maximum of $10,000 per property. Patriot Antiques Signage Before After 2.5 Upgrade to Building Code Grant Program The intention of the Upgrade to Building Code Grant Program is to assist property owners within the Community Improvement Plan area with the financing of building improvements required to bring existing older buildings into 8-24 REPORT NO.: PSD-003-11 PAGE 4 compliance with the current Ontario Building Code. The program allows the Municipality of Clarington to provide a grant for up to 50% of the costs for eligible work per building to a maximum of $5,000 per municipal street address or storefront. 2.6 Grants Applications and Status 2.7 CIP Liaison Group The CIP implementation has been assisted by the Liaison Group, which meets quarterly to review the progress being made on the CIP and bring forward issues. that the Municipality can assist with. The CIP Liaison Group chair is John Slater; members are Scott Story, Lorna Atkins, Karina Isert, Frank Maitland representing the Orono BIA, Amid Rawdah a merchant from Main Street, and Council Liaison for 2006-2010 Gord Robinson. 2.8 CIP Funding Council has provided funding on an annual, basis since 2005 to the CIP for the grants and. other operational programs (like brochure printing, etc.). To date, the CIP has expended just over $36,000 and has pending grants that could total $21,000.00. However, most grants do not require the maximum dollar level. Currently there is over $32,000 left to fund grants in Orono. Grant Type Year Business Name Location $ Value Stage S 2005 - Hair with Flair 5310 Main $ 299.00 Paid S, F 2005 Orono Bakery 5340 Main $ 6,714.53 Paid S 2005 Main thru Church Antiques 5341 Main $ 717.57 Paid F 2006 Blueberrys 5341 Main $ 128.71 Paid S, F 2006 Galloway Cafe 5323 Main $ 1,399.10 Paid S, F 2006 Not just Chocolate 5314 Main $ 6,750.00 Paid S 2006 discount store 5337 Main $ 121.12 Paid we wise cen re ain a, S, F 2007 Terran's 5324 Main $ 2,528.99 Paid S 2007 Patriot Antiques 5324 Main $ 739.00 Paid S, F 2008 Lycett, Mack & Kisbee 5301 Main Pending F 2008 5265 Main St. 5265 Main $5,000 Paid S, F 2008 Orono Electric 5352 Main $2,846 Paid F S 2009 2009 Apple Blossom Shop Apple Blossom Shop 5345 Main 5345 Main $ 5,000.00 $1,989.25 Pending ~ Paid S 2009 Di's Pizzeria 5304 Main $1,786 Paid S 2009 The Real Canadian Emporium 5283 Main $1,000 Committed F 2010 Patriot Antiques 5283 Main $2,493.75 Paid S 2010 Patriot Antiques 5283 Main $411.93 Paid S F 2010 2010 Hedgehog Antiques Hedgehog Antiques 5324 Main 5324 Main $2,000.00 Pending Pending F Facade S Signage Committed means letter issued for the funding Pending means we have been in discussion with owner; waiting for additional information and application 8-25 REPORT NO.: PSD-003-11 3.0 CONCLUSION PAGE 5 3.1 There has been good response to the grant program. The owners whom we have met with and provided visualizations to are pleased with the program and incentives provided by the Municipality. 3.2 The other initiatives that the CIP has worked on includes brochures, village signage, the 175 celebrations, and to assist with continuous improvement and promotion of Orono. Staff Contact: Faye Langmaid Attachments: Attachment 1 -Map Interested parties to be notified of Council and Committee's decision: Orono CIP Focus Group, c/o Faye Langmaid Lorna Atkins John Slater Karina Isert Frank Maitland Amin Rawdah Scott Story 8-26 Attachment 1 To Report PSD-003-11 Schedule "A" ~`' F-- w w sTq Teo ~' sT~,~ ~-.~ ~ Fr ... ~_~ O ._F,1 ~~; :; ~~/I~• V J~. w ~: ~ v~ U ~:µ: L TREVI~ PARK STREET INc Orono C1P Grant Area 8-27 1' arm n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2010 Resolution #: By-law #: N/A Report #: PSD-004-11 File #: PLN 37.2.1 Subject: BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-004-11 be received for information; and 2. THAT any interested parties to Report PSD-004-11 be notified of Council's decision. Submitted by: ~`Z~~ Reviewed by: David . Crome, MCIP, RPP Director, Planning Services FUsn/df/av 21 December 2010 L~ ~ ~ ~ ~~~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 8-28 REPORT NO.: PSD-004-11 PAGE 2 1.0 BACKGROUND 1.1 On December 15th, 2003 Council approved the preparation of a Community Improvement Plan (CIP) for Bowmanville and a study area By-law 2003-186 as amended. The terms of reference for the study called for a community focus group, which was formed in February of 2004 and guided the study to its completion in June of 2005. 1.2 Council adopted the Community Improvement Plan by By-law 2005-123 in June and the Ministry of Municipal Affairs and Housing approved the CIP on September 16, 2005. 1.3 The Community Improvement Plan allows the Municipality to provide incentives to business and property owners in the Bowmanville Community Improvement Project Area. The merchants and business owners of the area were notified via a flyer of the incentives and grants available. When applying for a building permit or works that may be subject to a grant, applicants are informed of the grant program by Building Division and Planning Services staff. 1.4 In the fall of 2008 Council approved its first amendment to the Bowmanville CIP which provided for the inclusion of a Reconstruction Grant, this grant was intended to assist the property owners with the reconstruction of the buildings lost to fire on King Street East, in addition, the grant is written in such a way as to apply to similar situations should they occur in the future throughout the CIP area. 1.5 In early 2010 Council requested and subsequently adopted the terms of reference for a Community Liaison Group to assist with the ongoing implementation of the CIP and to help spread information about the grant program to merchants. The liaison group meets quarterly. 2.0 CIP INITIATIVES 2.1 General Rules for the Grant Program There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. We have encouraged applicants to take advantage of the free design service offered by the Planning Services Department for facade improvements and development of visualizations. In all cases we have worked with applicants, and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor paid. Property owners must be current with their tax payments. 2.2 Building Permit Fee Grant Program This grant program is intended to assist property owners with financing the cost of the development process by providing a grant to offset the amount of the applicable Building Permit Fee to a maximum of $3,000. 8-29 REPORT NO.: PSD-004-11 2.3 2.4 2.5 Site Plan Control Fee Grant Program PAGE 3 This grant program is intended to assist commercial zone property owners with financing the cost of the development process by providing a grant to offset the amount of the Site Plan Control Fee to a maximum of $3,000. Heritage Buildingg Facade Improvement Grant Program This grant program is intended to assist property owners with the financing of heritage building fagade improvements. The grant covers up to one third of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront, subject to an overall maximum of $50,000 per property owner for a building with multiple street addresses or storefronts. ~~ ~« ~~~~ ;~ , ~ ` Bowmanville Barber Shop ~::. ~--- ....~ r Before(peeling paint) Upgrade to Building Code Grant Program After This grant program is intended to assist property owners with the financing of building improvements required to bring existing older buildings into compliance with the current Ontario Building Code. The grant covers up to one third of the costs of the eligible work per building to a maximum of $5,000 per municipal street address or storefront, subject to an overall. maximum of $50,000 per property owner for a building with multiple street addresses or storefronts. 33 King St. W Sevarg Investments 8-30 REPORT NO.: PSD-004-11. 2.6 Reconstruction Grant Program PAGE 4 The intention of the Reconstruction Grant Program is to assist property owners within the Community Improvement Plan area with the reconstruction of the heritage streetscape when portions of it are lost through a fire or natural disaster and the reconstruction effort meets the criteria of being a public benefit. The. program allows the Municipality of Claringto~n to provide a one time grant for up to $10,000 to offset cost of reconstruction of a property, providing that the reconstruction enhances the streetscape and the facade maintains the heritage character of Bowmanville. 2.7 Grants Applications Grant Type Year Building Name Location $ value Stage F, BC, BP, SP 2005 Balmoral Place 54 Kin St. E $ 23,770.00 aid Fa ade 2006 Brian's House of Fish 185 Church $ 5,700.00 aid Fa ade 2006 Edward Jones 1 Kin St. E $ 4,980.17 aid F, BF 2008 Mike Sullivan 118 Kin St. $ 10,070.00 aid BC, F, BP, R, SPC 2008 Lan e's 29-31 Kin St.W. $ 30,029.00 aid BC, F, BP, R, SPC 2008 Bethesda House 25-27 Kin St. W. $ 30,076.00 aid Fa ade 2008 Masonic Lode 19 Kin E $ 2,616.81 aid F, BC 2008 Wilson's 182 Church Street $ 1,944.89 aid F, BP 2009 Delton Financial 108 Kin St. E $ 8,198.19 aid BC, F, BP, R 2009 Sevar Investments 33 Kin W $ 25,968.09 aid Fa ade 2009 Bowmanville Barber 19A Kin W - $ 867.00 aid Building Permit 2010 Chanterelle 33 Division St. up to $3,000 committed Building Code 2010 Chanterelle 33 Division St. up to $5,000 committed Facade 2010 Chanterelle 33 Division St. up to $10,000 committed Facade 2.010 Oak Unlimited 91-101 King St. W up to $47,000 committed Buildin Permit 2010 Oak Unlimited 91-101 Kin St. W u to $3,000 committed Buidlin Code 2010 Sn der/S an" 19 1/2-21 Kin W $ 5,000.00 committed Fa ade 2010 Sn der/S an* 19 1/2-21 Kin W $ 10,000.00 endin Buildin Permit 2010 Sn der/S an" 19 112-21 Kin W $ 3,000.00 committed Reconstruction 2010 Sn der/S an* 19 1/2-21 Kin W $ 10,000.00 endin Buildin Code 2010. Ro al Service 104 Kin E $ 5,000.00 committed Fa ade 2010 Ro al Service 104 Kin E u to $10,000 endin Buildin Permit 2010 Ro al Service 104 Kin E $ 3,000.00 committed BC Building Code BP Building Permit F Facade R Reconstruction SPC Site Plan Committed - means a letter has been issued committing the funding Pending - means in discussion with owner; ,pending additional information * Former Leisure Lady 8-31 REPORT NO.: PSD-004-11 PAGE 5 2.8 Other CIP Works The Community Improvement Plan contains a number of recommendations in addition to the grant program. While some are major capital works such as the King Street bridge reconstruction others are recommendations about promotion and events. Bowmanville's 150th anniversary in 2008 was such an event and provided an opportunity to implement a banner program. As part of Council's commitment to CIP's a reserve account was established to enhance Municipal works. The CIP reserve has been used to enhance municipal projects. As part of the development of the municipal parking lot at the corner of Silver and Church Streets additional landscaping and the installation of brick pillars and wrought iron fencing were incorporated into the design to enhance the area. 2.9 CIP Funding To date the Municipality has expended just over $142,500 on the grant program, currently there is $84,000 committed to grants to various owners awaiting the completion of works. There is another $30,000 pending the design drawings and the 2011 budget. 2.10 Property Standards Issues and Monitoring of Vacant Storefronts Some buildings have had property standards orders issued. Staff work with the building owner to resolve the issues while maintaining the character of the buildings. There are however some building owners that have undertaken works that address the property standard issue but do not particularly enhance the building in these cases no grant funds have been provided. Starting in 2009 a number of building vacancies occurred mostly due to the economic climate. During the past two years as new vacancies appeared the Clarington Board of Trade were alerted to include these properties in their marketing efforts. The formation of the CIP Liaison Group has also helped some of the newer merchants connect with the grant program and other resources within the community through the outreach by members of the liaison group. 3.0 CONCLUSION 3.1 There has been good response to the grant program. The owners we have met with are pleased with the grant program and visualization service provided by the Municipality. Some merchants have proceeded with works based on the design provided without taking advantage of the grants. Staff will continue to monitor the effectiveness of the program and make recommendations for changes, if necessary. Staff Contact: Faye Langmaid Attachment: Attachment 1 -Map 8-32 REPORT NO.: PSD-004-11 List of interested parties to be notified of Council's decision: Garth Gilpin, Co-ordinator, Bowmanville BIA Del Dykstra Judy A. Hagerman Clayton M. Morgan Andrew Kozak Masood Vatandoust Neal Pedder Marg Seaton-Logeman Teresa Vanhaverbeke Gail Brown Gerry Anderson PAGE 6 8-33 Attachment 1 To Report PSD-004-11 c~ d L Q ~.. V d ~O L a as as 0 L i++ ~_. U d .~ c 3 0 m Q m a~ s 8-34 Clarington REPORT Leading (he Waq PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10,.2011 Resolution #: By-law #: N/A Report #: PSD-005 -11 File #: PLN 37.3.1 Subject: NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-005-11 be received; and 2. THAT all interested parties listed in this report PSD-005-11 and any delegations be advised of Council's decision. Submitted by: David J. Crome, MCIP, RPP Director, Planning Services I L/FL/sn/df/ah 22 December 2010 Reviewed b : ~ jZt'`" ``-~.. _` l1`-'~ Y Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-35 REPORT NO.: PSD-005-11 PAGE 2 1.0 BACKGROUND 1.1 On January 29th, 2007 Council approved the preparation of a Community Improvement Plan (CIP) for Newcastle Village and a study area By-law 2007-015. The terms of reference for the study called fora community focus group, which was formed in March of 2007 and guided the study to its completion in April of 2008. 1.2 Council adopted the Community Improvement Plan by By-law 2008-064 on April 21St, 2008 and it became final and binding on June 3`d, 2008. As part of the review process, the Ministry of Municipal Affairs and Housing commented on the. CIP and its recommendations. 1.3 The Community Improvement Plan allows the Municipality to provide incentives to business and property owners in the Newcastle Village Community Improvement Project Area (Attachment 1). The merchants and business owners of the area were notified of the approval of the CIP and the availability of the incentives and grants during a well attended trade show in the community in June of 2008. The Newcastle and Bond Head Ratepayers Association were given a presentation on the CIP in June of 2009. Should businesses and/or property owners apply for a building permit or works that may be subject to a grant they are informed of such by the Building Division and Planning Services staff. The CIP implementation has been assisted by a CIP Community Liaison Group which meets quarterly to review the Plan's progress and to bring forward issues that the Municipality can assist with. The Group chair is Myno Van Dyke and members include Gord Lee, Carl Good, Arthur Wynn, Ron Warne, Karin Murphy, Peter Sainovski, Councillor Robinson, and Theresa Vanhaverbeke representing the Newcastle BIA. This Group speaks to merchants and property owners on a regular basis to raise awareness of the CIP program and the services that are available. 1.4 The purpose of this report is to update Council on the grants that have been approved and pending the completion of works, paid out, or deferred pending further grant funding. This provides Council with an overall understanding of how the grants are assisting property owners. 2.0 CIP INITIATIVES 2.1 General Comments There are a number of general rules within the grant program that are applicable to all grants and then there are specific rules for the different types of grants. We have encouraged applicants to take advantage of the free design service offered by the Planning Services Department for facade improvements and development of visualizations. In all cases we have worked with applicants, and inspected the buildings prior to the anticipated works. Grants are not released until the works are completed and the contractor paid. Property owners must be current with their tax payments. For properties that have multiple municipal street addresses or storefronts, each property owner is subject to an overall maximum of $45,000. 8-36 REPORT NO.: PSD-005-11 PAGE 3 2.2 Site Plan Control Fee Grant Program This grant program is intended to assist commercial zone property owners with financing the cost of the development process by providing a grant to offset some of the Site Plan Control Fee to a maximum of $3,000. 2.3 ~Building Facade Improvement Grant Program This grant program is intended to assist property owners with the financing of building facade improvements. The grant covers up to one half of the costs of the eligible work per building to a maximum of $5,000 per municipal street address or storefront. 2.4 Upgrade to Building Code Grant Program This grant program is intended to assist property owners with the financing of building improvements required to bring existing older buildings into compliance with the current Ontario Building Code. The grant covers up to one half of the costs of the eligible work per building to a maximum of $10,000 per municipal street address or storefront. 2.5 /nfill Project Grant Program This grant program is intended to assist property owners with financing the cost of the development by providing a one time grant to offset the amount of building construction to a maximum of $10,000. All buildings are to be designed in keeping with the historical context of Newcastle Village. 2.6 Signage Grant Program This grant program is intended to assist property owners with the financing of signage improvements. The grant covers up to one half of the costs of the eligible work per building to a maximum of $2,000. 8-37 Clark Chiropractic Fagade Improvements, 10 King Avenue East REPORT NO.: PSD-005-11 PAGE 4 2.7 Grants Applications and Status Grant Type Year Business Name Location $ value Stage F 2008 You're in the Dog House 205 King Ave. E $3,195.94 Paid F, S 2008 The Black Knight 119 King Ave. W $7,000.00 Paid F 2008 Clark Chiropractic 10 King Ave. E $3,087.00 Paid F 2008 Roselina's 4 King Ave E $5,000.00 Paid B C 2009 The Black Knight 119 King Ave. W $10,000.00 Paid F 2009 Yummy Pleasures 123 King Ave. W $5,000.00 Paid F 2009 Canada Brokerlink Insurance In Person 83 King Ave. W $3,508.00 Paid F 2009 Newcastle Eye Care 85 King Ave. W $3,508.00 Paid S, BC 2009 Yummy Pleasures 123 King Ave. W $12,000.00 max Pending Site Plan 2009 Diana's Gingerbread Cottage 106 King Ave. E $3,000.00 Paid S 2009 Lovekin Law 35 King Ave. W $2,000.00 Pending F 2010 Clark Chiropractic 10 King Ave. E $310.75 Paid S, BC 2010 Diana's Gingerbread Cottage 106 King Ave. E $12,000.00 max Committed F 2010 Syvan Developments 187 King Ave. E $5,000.00 max Committed F -Facade S - Signage BC -Building Code Committed - means letter issued committing the funding Pending - means we have been in discussion with owner; waiting for additional information and application Below is a photograph of CIP projects that were completed in 2010 for facade improvements to 83 King Avenue West and 85 King Avenue West. Before Facade Improvements After Facade Improvements 8-38 REPORT NO.: PSD-005-11 PAGE 5 2.8 Other CIP Works The Community Improvement Plan area is bisected by Mill Street, otherwise known as Regional Road 17. The Region of Durham upgraded Mill Street South from Highway 401 to King Avenue in 2009. The works included left turn lanes at Edward Street, reconstruction of the road pavement, curb and gutter, watermain and storm sewer, overhead cobra lights and repair and replacement of existing sidewalks. The CIP included comments regarding the tree canopy; the road reconstruction was conducted in such a manner to protect the trees and their root system. Consideration for the pedestrian environment at the intersection of King Avenue and Mill Street South has been enhanced as part of the project through the installation of interlocking brick in the street boulevard. 2.9 CIP Funding Council has provided funding since 2008 for the CIP and a total of just over $43,600.00 has been dispersed for various projects. There will be $4,389.00 remaining upon completion and payment of the 2010 applications. There is already interest in the 2011 budget allocation as the owners we have had discussions with intend to proceed providing funding is available. 3.0 CONCLUSION 3.1 There has been good response to the grant program. The owners we have met with are pleased with the program and the financial incentives provided by the ' Municipality. Staff will continue to monitor the effectiveness of the program and make recommendations for changes as necessary. 3.2 It is recommended that Council provide funding for the continuation of the CIP grant program in 2011. Staff Contact: Isabel Little Attachment: Attachment 1 -Community Improvement Project area map List of interested parties to be notified of Council's decision: Valentine Lovekin, Newcastle BIA Newcastle Village CIP Community Liaison Group c/o Isabel Little 8-39 Attachment 1 To Report PSD-005-11 ~ w u2 ~ 6 s r 1 o ~~ N 6 h ~ w tl' ~ 3 1S 3d~1fri~W r . ~ 3NaO38f1OHNOOIle W+/1'I'IIM. o LS t11tlMW ~ w < ~ i n O C m ~ L 133H1S HOH1Ntl 3NMO 3Sf1ONNO0U8 n 0 S1HO13H OllVHbNO ~ a w ~ z w ` 37Vl1O ONINtl'I 3N2iO.638O1a9 i O U U ._ ~ 4 O f1O0 MOIItM ~ Y ~ w K C W Z ~ 13dM1$N413tlN ~ ~ b ` Ti ` y Z g w ~ _ //~~ 4ia } i y .~ 5T / ~ ~ V/ ~ ~~~ 4' 3N U0 H3WNVH w lbf1OO5 ~ N A~ //~~ ~O K T' Q 10 M3aONtl 13 VIAUS 3NM0 N3l1fY~ ei ~ w N W O T T • W V W ~ u] ~ K N O Z ~ 1 }l1B7J3AY3 133Y1S 2J N W ; N p [w7 z W O < z 33tii6273~tl38 V! w ~~ ~ w O Y K 7 Z ~ O wU' H1t1ON 133M1S 1'NW H1YbN 133N1S- IW - O ~ L1OS 133LI1S IIIW H1f1OS 133N1S IIIW ^, W ~. ~ 3 w ¢ ~ SµOP'O 3 K NJ~ ~ r ~ o ~ ° ; W z i Q ~ 33TJ1S HOLfIHO ~ w 1 3 d OU(1 3 ~ ~ ; ~ ~ % I u w ~ .F+ ,~ ltlON ~ 1331i1SH1>iON 133H1S NIMOlVB Q1 > Z 9 2 b IW3a ~ r u~ ~ FOSTER. z a ~ 3 OO ~ Y z ~ `~ W 3 U W ~ '~ V p 31Vtl1 M3133H0 u K a 0 3 ~ K 0 ~ o LL Y w W K U 8-40 • 1 ~ arm Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2011 Resolution #: By-law #: N/A Report #: PSD-006-11 File #: PLN 37.4 Subject: COURTICE COMMUNITY IMPROVEMENT PROGRAM UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-006-11 be received for information; and 2. THAT all interested parties listed in Report PSD-006-11 and any delegations be advised of Council's decision.. Submitted by: D id Crome, MCIP, RPP Director, Planning Services IUFUsn/df 15 December 2010 Reviewed by: ~- ~ `=- •t'~~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8=41 REPORT NO.: PSD-006-11 PAGE 2 1.0 BACKGROUND 1.1 Council incorporated $5,000.00 in the 2010 Community Improvement budget for Courtice. These funds were earmarked for construction of a cairn and a bronze plaque. 2.0 STREET TREES 2.1 A street tree planting program began. in 2009 utilizing community improvement funding. A total of 26 street trees were planted at four locations along the Courtice Highway 2 corridor between Townline and Courtice Road under the supervision of the Manager of Parks Development. It is anticipated that future .funding will augment the street tree planting program on the municipal road allowance, thereby continuing to implement the recommendations of the Courtice Main Street Master Development Plan. 3.0 TOOLEY MEMORIAL 3.1 The Municipality acquired the house and property at 71 Old Kingston Road in 2009 with the intention of providing a trailhead and small parkette along the Farewell Creek Valley. This initiative was to start to fulfil the actions identified. in the Municipality's Corporate Strategic Business Plan 2007-2010 to create a focal point and develop a trail system along the Farewell Creek, also known to some as Barber's Creek. 3.2 The properly acquired included the homestead of Augustus Tooley, who operated a mill along the creek. Although the home has been destroyed by fire, the stone foundation walls were removed to the Operations Depot in Hampton. It was recommended that a memorial cairn be established (See Attachment 1 for an overview of the history of the site). 3.3 Funds were allocated for the construction of the cairn in the 2010 budget and the project was completed in November. The Clarington Museum and Archives, in consultation with the Clarington Heritage Committee and Staff, prepared the wording for the text on the plaque as shown in Attachment 2. 8-42 REPORT NO.: PSD-006-11 Cairn prior to plaque installation ~~.m ~K ~~~ ~._ PAGE 3 Bronze plaque mounted on cairn On November 12, 2010 an unveiling ceremony of the cairn was held on site to commemorate the historical significance of this property to the development of Courtice. Members of the Tooley family were in attendance along with members of Council, neighbourhood residents, the media and staff. The Tooley family publically expressed their appreciation of the Municipality's recognition of their family's contribution to the community's settlement. 4.0 COMMUNITY IMPROVEMENT PLAN PROJECT AREA 4.1 The Clarington Official Plan Review is recommending that the Courtice Main Street Corridor be identified as a future Community Improvement Project Area. This is to help facilitate the implementation of the Courtice Main Street Study and the Official Plan policies arising from this work. It is recognized that this will be a major area of intensification and redevelopment in the years to come. When a CIP Plan is prepared, a variety of actions may be recommended. Most importantly, by-being identified as a CIP Project Area, it would comply with the Region's polices for eligibility for regional participation for servicing projects. 8-43 REPORT NO.: PSD-006-11 PAGE 4 5.0 CONCLUSION 5.1 Council provided funding in 2009 and 2010 for municipal initiatives to improve the streetscape and the public realm of the Courtice area. Funding for 2010 covered the cost of the Tooley Cairn's construction and the bronze plaque. All of the funding allocated to-date has been expended. It is recommended that Council provide funding for the continuation of community improvements in 2011. Staff Contact: Isabel Little Attachments: Attachment 1 -Background on the Augustus Tooley Mill and House Attachment 2 -Plaque wording List of interested parties to be notified of Council's decision: Martha Rutherford Conrad, Clarington Museum & Archives Clarington Heritage Committee 8-44 Attachment 1 To Report PSD-006-11 AUGUSTUS TOOLEY MILL AND HOUSE Augustus Smith Tooley came to Canada in 1860. He first worked at Gooderham and Worts. Distillery in Toronto'and then relocated to Cedar Dale, a village south of Oshawa, where he was the head miller for Sandy Small's Mill. In the 1870's Jacob Stalter obtained a large part of a 100 foot long mill in Haydon and had it moved to this property. The mill pond dammed. both Farewell and Black Creeks. Augustus purchased the mill from Stalter and named it The Peoples Mill. Augustus and his family resided in the house and the area eventually became known as Tooley's Mill Hill. Augustus operated the mill until the creeks did not provide enough water power. In the 1890's major work was done on Kingston Road. The steepest ravines were causewayed to raise. the road bed well above the valley floor. The road bed in front of the mill house was raised so much that the house had to be lifted to meet the new -level of the road. A high stone basement foundation was placed underneath the house and the stones to be used in the cairn are from that foundation. The Prestonvale Tourist Camp operated on the site during the 1920's and was owned by Bob Preston, who was the Mayor of Oshawa from 1927 to' 1929. The dam, diner, and change rooms made it the best swimming hole for miles around. The Courtice Diner featured a large teapot on the roof that blew smoke: The camp was sold in 1942 shortly after Bob Preston's death. 8-45 Attachment 2 To report PSD-006-11 P+eapie"a N~iN PLIIQUE.pit fi12d~2d1tf 4.d5_id Pkd S~aie_ 1:283 Height 2i?_856 Leng~e 19.774 in 8-46 ~:oe~~g me w y ~1~~~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2010 Resolution#: By-law #: N/A Report #: PSD-007-11 File #: PLN 17.1.6 Subject: ENVIRONMENTAL STEWARDSHIP 2009 PROGRAM UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-007-11 be received for information; and 2. THAT any interested parties listed in Report PSD-007-11 be notified of Council's decision. Submitted by: Dav' . Crome, MCIP, RPP Director, Planning Services FL'`sn*df 15 December 2010 \. Reviewed by: ~ ~`''' ~- ~ ~~ ~'~- Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-47 REPORT NO.: PSD-007-11 PAGE 2 1.0 BACKGROUND 1.1 Since 2002, Council has been providing annual funding for an ongoing stewardship programme. The environmental stewardship programme was established to encourage private groups to carry out works that improve municipal lands, such as valleylands and other natural areas. 1.2 Initial uptake of stewardship funds were limited, it took time to build awareness that funding was available for stewardship projects on municipal properties: Staff direct private stewardship initiatives to the applicable conservation authority, Durham Land Stewardship Council (for Ministry of Natural Resources properties) and other programmes. 1.3 The purpose of this report is to inform Council of how the funds have been spent and the funds that are remaining in the Stewardship account (carried over from previous years). 2.0 GRANTS 2.1 General Guidelines When approving projects for funding, Staff have been careful to only fund projects that are on municipally owned properties, have in-kind contributions (labour and/or materials) and meet the overall concept plan for the area. Planning Services staff work closely with Engineering and Operations staff to ensure that the project is in the best interests of the municipality. 2.2 .Prior Years Works Attachment 1 provides Council with the detail of what works have been carried out in prior years. 2.3 2010 Works Funding of the Ministry of Natural Resources (MNR) Rangers for one week was provided. The Ontario Stewardship Rangers work in teams of five (5) high school students (17 year olds) and a project captain. The MNR Rangers assisted the Valleys 2000 (Frank Lockhart) with the removal of log jams and brush at both Soper Creek and Bowmanville Creek. They worked with our Samuel Wilmot Nature Area Advisory Committee to build woodchip trails, in particular they re-built a wood chip trail on the east side leading to the lake, assisted in spreading woodchips around the kiosk and cleaned vegetation from around the interpretative signs. The Rangers also worked with Rev. Chisselling at the Visual Arts Centre doing work on the garden beds including planting, weeding and pruning. 8-48 REPORT NO.: PSD-007-11 PAGE 3 3.0 CONCLUSION 3.1 There has been good response to the grant program, to date over $37,000.00 has been spent; however, the value of the in-kind contributions is more than double that amount. In addition, the net gain for those involved has been an understanding and long-term commitment to the community and environmental stewardship. 3.2 Staff recommend the Environmental Stewardship Program be expanded in the coming year. This would allow for a more significant environmental stewardship program and particularly tree plantings in valleylands. Staff Contact: Faye Langmaid Attachments: Attachment 1 -Stewardship Projects 2003-2009. Interested parties to be notified of Council's decision: Frank Lockhart Rev. Chisseling SWNA Committee, c/o Peter Windolf 8-49 Attachment 1 To Report PSD-007-11 Previous Stewardship Projects 2003-2009 2009 Funding of the Ministry of Natural Resources (MNR) Rangers for one week. The Ontario Stewardship Rangers work in teams of five (5) high school students (17 year olds) and a project captain. The MNR Rangers assisted the Courtice Lions at the Millennium Trails by clearing the creek of debris and spreading woodchips on the trail. They worked with our Samuel Wilmot Nature Area Advisory Committee to build a new woodchip trail through the east woodlot. They assisted Valleys 2000 with mulching the butterfly garden and tree removal in the Bowmanville Valley. In addition they worked on the removal of Phramagites from wetland areas in the Black/Farewell Creek watershed. These projects were coordinated by the Operations and Engineering Services Departments. Two planting projects were done in Courtice this year. In the spring buffer. plantings were undertaken between the Nantucket condos and the Rob Piontek Skate Park. It included native trees and shrubs with an emphasis on coniferous planting. In the late fall native trees and shrubs were planted in the Black Creek valley between the Nantucket condos and Hwy. 2 along the creek. The planting projects have been done by Courtice Secondary School students. The goal of all the planting projects is to increase/restore the diversity of native plants in the Black Creek area. 2008 Funding of the Ministry of Natural Resources (MNR) Rangers fo.r a week of their time to assist with projects in Clarington. The Operations Department provided on site direction, for the pulling of Phramagites in the Black/Farewell Creek wetland areas for 2 days. The remaining days were under the direction of the Manager of Park Development and included one day at the Samuel Wilmot Nature Area creating woodchip walkways; one day.with Rev. Frank Lockhart from Valleys 2000 in the Bowmanville Creek removing dead trees and path trimming/clean up, and one day with Courtice Lions working on stream clean-up and boardwalk construction in the Courtice Millennium trails. 2007 Funding of the Ministry of Natural Resources (MNR) Rangers for a week of their time to assist with projects in Clarington. The Operations Department provided on site direction, for the pulling of Phramagites in the Black/Farewell Creek wetland areas for 2 days: The remaining days were under the direction of the Manager of Park Development and included one day at the Samuel Wilmot Nature Area creating woodchip walkways; one day with Rev. Frank Lockhart from Valleys 2000 in the Bowmanville creating paths, and one day with Courtice Lions working on stream clean-up and boardwalk construction in the Courtice Millennium trails. Plantings at Wilmot Creek Nature Area in partnership with the. Samuel Wilmot Nature Area Committee, Engineering Services and the St. Stephen's Catholic High School students. Funding of the lumber for a continuation of the Boardwalk at Courtice Millennium Trail in partnership with Courtice Secondary School students. The students constructed the 8-50 boardwalk in sections, in shop class, and then assembled it on site. This project was part of a much larger project that included the Courtice Lions Club and a Trillium Grant. 2006 In February of 2006 the Municipality hosted, in partnership with OPG, a workshop for a number of environmental groups with Evergreen. Evergreen is a not-for-profit environmental group that provides advice and funding for environmental projects. The workshop was attended by approximately 25 people representing a number of different groups. The information provided during this workshop was extremely helpful to a number of these groups. The networking opportunities for the groups were also an important aspect of the workshop. Plantings in Soper Creek valley along the pathway from the Visual Arts Centre north in partnership with the Planning Services Department World Town Planning Day event and Bowmanville High School students. Sponsorship of a workshop for municipal staff from throughout the Region of Durham regarding private wells and septic systems and their impact on the environment. The workshop was provided by Dr. Mary Jane Conboy of the Well Wise Centre which opened in Orono early in 2007. The intent of this workshop was. to educate municipal staff (building and planning) to ensure consistent messages are provided across the Region to residents on wells and septic systems. Provided funding for the lumber for Boardwalk at Courtice Millennium Trail in partnership with Courtice Secondary School students. The students constructed the boardwalk in sections, in shop class, and then assembled it on site. 2005 Boardwalk behind Courtice Complex in partnership with Courtice Secondary School students. The funding provided the lumber necessary for the project, again the students constructed the boardwalk in sections, in shop class, and then assembled them on site. Plantings in Soper Creek valley along the pathway from the Visual Arts Centre north to Hobbs Avenue, in partnership with Valleys 2000 and Bowmanville High School students who provided the labour. 2004 Creek crossing in Bowmanville Valley in partnership with Valleys 2000 and Courtice Secondary School students. The funding provided the lumber necessary for the project, the students built and installed the crossing. 2003 Plantings in the Bowmanville Valley along the pathway from Spry Avenue north. In-kind labour provided by Planning Services Staff and Valleys 2000. 8-51 ~~~ Le~ing the Way REPORT . ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE. Date: Monday January 10, 2011. Resolution #: Report #: EGD-001-11 File #: CRC.ConcRd6.1 By-law #: Subject: INFRASTRUCTURE STIMULUS FUND, ISF 2036 CONCESSION ROAD 6 REHABILITATION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report EGD-001-11 be received; 2. THAT the Municipality is committed to the completion of-the Concession Road 6 Rehabilitation as funded by Building Canada Fund, Infrastructure Stimulus Fund; 3. THAT the Municipality will continue to contribute the municipal share for all eligible costs for this project incurred after March 31, 2011; 4. THAT the Municipality will be solely responsible for any costs incurred for this project after October 31, 2011; and 5. THAT the Mayor and Clerk be authorized, upon approval of the extension request, to execute the amended contribution agreement. Respectfully by, Submitted by: ~~~ A.S. Cannella, C.E.T. Director of Engineering. Services ASC/RA/jo January 4, 2010 ,~ Reviewed by: ~J C-.L..wG..C~, .r ~i .~, Franklin Wu Chief Administrative Officer 9-1 REPORT NO.: EGD-001-11 PAGE 2 1.0 BACKGROUND 1.1 On October 22, 2009 the Municipality of Clarington entered into the Infrastructure Stimulus Fund Contribution Agreement with Ministry of Energy and Infrastructure and the Minister of Agriculture, Food and Rural Affairs for the rehabilitation of Concession Road 6 from Old Scugog Road easterly which was to be completed by March 31, 2011. The approved project budget was $2,480,001 with the costs to be split evenly between the governments of Clarington, Ontario and Canada. 2.0 PROGRAM EXTENSION 2.1 In December 2010, the federal government announced an extension of various economic stimulus programs under the Economic Action Plan, including the BCF- ISF program. The program was to be extended to October 31, 2011. 2.2 On December 21, 2010 the Canada Ontario Infrastructure Secretariat issued a letter outlining the details of the BCF-ISF Program extension (Attachment 1). This correspondence outlined the details for applying for an extension. The requirements include a council resolution confirming the Municipality is committed to complete the project, will continue to provide the Municipal share of all eligible project costs incurred after March 31, 2011 and will be solely responsible for all costs incurred aftel- October 31, 2011. The deadline date for the extension application is January 17, 2011. 2.3 The majority of the work related to the rehabilitation. of Concession Road 6 was completed in 2010 but during construction there were issues related to the rehabilitation and the extension of structures crossing existing watercourses that arose which required in-water works. As these issues arose after the September 15, 2010 dead line for such works to be undertaken as mandated by the Department of Fisheries and Oceans the work could not be completed and was deferred until the regulated time of July 1 and September 15, 2011. 9-2 REPORT NO.: EGD-001-11 PAGE 3 2.4 The design of the rehabilitation and extension are underway and will be completed shortly and submitted to the local Conservation Authority for approval with anticipated in-water works scheduled to start July 2, 2011 with an estimated completion of August 31, 2011. All works related to this project are estimated to be completed by September 30, 2011. 2.5 Due to weather conditions the permanent line painting for the project was not completed and will be completed in the spring of 2011 at such time that the conditions permit. 3.0 COMMENTS 3.1 The Municipality of Clarington is committed to completing this project and appreciates the governments of Canada and Ontario extending the completion deadline to October 31, 2011, allowing the Municipality to be able to take advantage of the remaining committed funding for this project to complete the outstanding works. 3.2 Staff are preparing the project extension application and will. be submitting it prior to the January 17, 2011, deadline. We will indicate in the application that the required resolution will be forwarded following the January 17, 2011 council meeting. Attachments: Attachment 1 -Canada Ontario Infrastructure Secretariat letter (December 21, 2010) 9-3 -AT-TACMMENT-N0.:1 REPORT NO.: EGD-001-11 Canada Ontario Infrastrocture Secretariat Emall: bct.ccQontario.ca 1 Stone Road West, 4NW Telephone: 1 866 306-7827 Guelph ON N1G 4Y2 Facsimile: 518 826-4336 Frank Wu Municipality of Clarington CAO 40 Temperance Street Bowmanville, ON, L1 C 3A6 December 21, 2010 Dear Frank Wu: 'Ontario 1, chemin Stone Ouest, 4N: O. Courriei: bcf.cc~ontario.ca Guelph ON N1G 4Y2 T51i3phone: l 866 306-7827 TBl~oopieur. 519 826-4338 DEC 2 2 2010 MUNfCiPALiTY OF CLARINGTON ADMINlS7RATOR'S OFFfCE Over the past two years, the governments of Canada and Ontario have worked with you to implement a range of economic stimulus programs. These programs have helped to boost our economy and create jobs, while also investing in the critical infrastructure that our communities need. The purpose of this letter is to advise you that Canada and Ontario have agreed to extend the deadline for the completion of stimulus projects funded under the Infrastructure Stimulus Fund from March 31, 2011 to October 31, 2011. In order to receive an extension, ft is mandatory that you submit a written request for an extension by January 17, 2011. The extension recognizes the benefits of allowing for the completion of projects that are underway but which, for various reasons, are at risk of not being completed by March 31, 2011. At the same time, we expect that the vast majority of stimulus projects will still. be completed by the original March 31, 2011 deadline. There are important conditions governing the extension for the completion of infrastructure projects funded under the ISF. In order to be eligible for an extension, your approved project must have started before March 31, 2011. Starting a project is defned as having incurred eligible costs for the project. The federal government requires that for projects receiving an extension, a claim for all costs incurred up to March 31, 2011 must be submitted to the federal government by April 30, 20'f 1. 9-4 Ali final claims far all projects being extended under the program, covering eligible costs incurred up to October 31, 2011, must be submitted to the Province no later than January 31, 2012. In addition, we will be requesting a bi-monthly update on the progress of those projects being extended. The federal government has mandated that specific documentation be submitted for all projects seeking an extension. In order to receive an extension, you must submit in writing: • A list of all of the projects that require an extension, including the relevant funding program, the project title, and the project identification number; • A revised financial forecast for the project with estimated costs to be incurred up to March 31, 2011; • A forecast of project expenses and federa[ and provincial funding required from April 1 to October 31, 2011; • A detailed construction schedule for the completion of the project, signed by an engineer or architect; and • A council resolution committing to finish the project and accepting responsibility for any costs incurred beyond the October 31, 2011 date. Aboard resolution is required for not-for- profit organizations. These documents are required for each individual project for which you are requesting an extension. Templates for your list of projects requiring an extension, a draft council resolution and a solemn declaration concerning the construction schedule have been developed to assist you in meeting these requirements. Templates have been sent by email with the electronic version of this letter and will be available on the web site: www.ontario.ca/infrastructure The deadline for you to submit your extension request is Monday, January 17, 2011. !f you need additional time to submit your construction schedule or resolution, please clearly state this in the extension request that you submit on January 17tH The extension request must be submitted by email to bcf.ccclaims(cr~,ontario.ca or by fax to 519- 826-4336. Please also copy your provincial program analyst on your extension request. If you do not apply for an extension, or if you do not submit the required documentation, you will not receive an extension and the original March 31, 2011 deadline will continue to apply to your project{s). The extension being granted now is an exceptional, one-time measure, and further extensions will not be considered. Any costs incurred after October 31, 2091 will not be reimbursed by Canada or Ontario. If you choose to submit a request for an extension, provincial staff will follow up with you to confirm that.alf of the required documentation has been submitted, and will advise you if an extension has been granted. In the event that you receive an extension, provincial staff will also work with you to amend your existing contribution agreement. All contribution agreements must be amended by all parties no later than February 28, 2011. 9-5 Thank you for your continued cooperation in the implementation of our infrastructure stimulus programs.. If you have any questions about the deadline extension, please contact your program analyst. Sincerely, Federal Co-Chair Provincial Co-Chair U~~ Sonja Adcock Director, Ontario Infrastructure Canada Ontario Directorate -Program Operations Branch. Martin Bohi Director Rural Community Development Branch Economic Development Division Ministry of Agriculture, Food and Rural Affairs 9-6 1' a~~ ~ Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday January 10, 2011 Resolution #: Report #: EGD-002-11 File #: D.01.35.001 By-law #: Subject: ROBINSON RIDGE SUBDIVISION PHASE 2, COURTICE, PLAN 40M-2113, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. ~ THAT Report EGD-002-11 be received; 2. THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2113; and 3. THAT Council approve the by-laws attached to Report EGD-002-11, assuming certain streets within Plan 40M-2113 as public highways. Respectfully by, Submitted by: ~ c.P A. .Cannella, C.E.T. Director of Engineering Services ASC/NAC/jo , December 21, 2010 Reviewed by: r f'7-~-~" ~, ~' l ~`Zc. Franklin Wu Chief Administrative Officer 9-7 REPORT NO.: EGD-002-11 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered August 5, 1998, with Robinson Ridge Developments Inc., to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-2113 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. This Subdivision Agreement was subsequently taken over by 2001544 Ontario Limited, being a successor to the original Owner. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Final Works; c) Street Lightinq System; and d) Permanent Stormwater Quantity and Quality Pond Works 1.3 The Initial Works and Street Lightinq System were issued `Certificates of Completion' and subsequent `Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Permanent Stormwater Quantity and Quality Pond Works have not yet been completed. They will be issued separate Certificates of Completion and Acceptance, as per the maintenance requirements set out in the Subdivision Agreement. 9-8 REPORT NO.: EGD-002-11 PAGE 3 1.5 The Final Works were issued a `Certificate of Completion' dated October 31, 2008. This initiated a one (1) year maintenance period, which expired on October 31, 2009. The Works were re-inspected at that time and, although the developer experienced delays in completing the required repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.6 It is now appropriate to issue a `Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works. 1.7 Further to the issuance of a `Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plan 40M-2113 as public highways (Attachments 2 and 3). Attachments: Attachment 1 -Key Map Attachment 2 -Proposed By-law Attachment 3 -Proposed By-law CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 F (905) 623-9282 9-9 GORD VINSONAVENUE KILGANNONAVENUE _ - ~ o O PICKHKU ~Hi t Q O O w z J Z O I- W 0 ~ STAPLES AVENUE z 0 U CORNISH DRIVE / GINGHAM GATE Robinson Ridge Subdivision W Phase 2 ~ ~ ~ J~ '- W o Plan 40M-2113 N Z Z Z Z ~ LL ~_II1111111111I U ,, ~~~, N OSHAWA , ~ ~ /~~ ~ Gord Vinson A~e("~~,____.;~ ~' 1 ~ ~ -~ .:,; .~ ~~,~~ -;, ~~ FRANK MONTAGUE AVE ~ ~~ O~ 20 AYLESWORTH AVE 2= ~~ SOUTHFIELD AVE w 0 J JWs ~~ DRAWN BY: E.L. 'DATE: January 4, 2011 _~ra (~ REPORT EGD-002-11 KEY MAP ATTACHMENT NO. 1 i G:WttachmentsWOM-2113.mxd THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2011 - XX Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the blocks 'shown on Plan 40M-2113, and listed below in this section; all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: Block 163 Block 164 Block 165 Block 166 Block 167 BY-LAW read a first and second time this roc"' day of ~ooocx 2011. BY-LAW read a third time and finally passed this ~octh day of ~ooocx.2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk REPORT NO.: EGD-002-11 9-11 REPORT NO.: EGD-002-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2011 - XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the streets and blocks shown on Plan 40M-2113, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Penning Drive Frank Wheeler Avenue Montague Avenue Aylesworth Avenue Southfield Avenue Cornish Drive Staples Avenue Block 160 Block 161 Block 163 Block 164 Block 165 Block 166 Block 167 ' BY-L+!1W read a first and second time this ~octh day of ~ooocx 2011. BY-LAW read a third time and finally passed this xxth day of ~ooocx 2011. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 9-12 ~lari~ n REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2011 Resolution #: By-law #: n/a Report #: ESD-001-11 File # n/a Subject: MONTHLY RESPONSE REPORT -SEPT., OCT., & NOV. 2010 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-001-11 be received for information. 9 ~~~ Submitted by: Gordon Weir, AMCT, CMM111 Director Emergency & Fire Services GW/tw Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 11-1 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT REPORT NO: ESD-001-11 PAGE 2 1.0 BACKGROUND 1.1 Report ESD-001-11 covers the months of Sept. Oct. and November and is intended to provide Council with relevant, timely information on the activity of the Emergency and Fire Services Department. 2.0 COMMENT 2.1 The Department responded to 795 calls during this period and recorded total fire losses of $661,160. Attachment 1 to Report ESD-001-11 provides a station response summary, description of call types, a call type summary, a dollar loss summary, an enforcement summary & a public education summary. Attachment #1: Activity Report 11-2 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT REPORT PERIOD: September 1, 2010 OO:OO:OOhrs -November 30, 2010 23:59:59hrs STATION RESPONSESUMMARY . ' .~ STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 THIS Bowmanville Newcastle Orono Courtice Enniskillen MONTH THIS 429 85 54 201 26 795 MONTH TO DATE 1598 340 193 731 91 2953 DESCRIPTION OF CALLTYP,ES _ - - ~~ - '` Fire and Explosions: Instance or destructive and uncontrolled burning involving structures, vehicles and open area fires, including explosion of combustible solids, liquids or gasses which may or may not have resulted in a dollar loss Overpressure Rupture/Explosion: An explosion or rupture as a result of pressure, no fire Pre Fire Conditions: Incidents with no fire that involve heat or potential pre fire conditions e.g. pot on stove, cooking - smoke or steam, lightening, fireworks Burning (controlled): Complaint call related to outdoor controlled burning, authorized or unauthorized. Fire Department did not take suppression action. False Fire Call: 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 a person CO (carbon monoxide) False Call: a call where it is determined that the detection equipment malfunctioned or there was a perceived emergency - no CO leak Public Hazard Call: 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 or arcing, bomb, explosive removal standby, CO (carbon monoxide) or other public hazard. Rescue Call: a call for a person in danger due to their proximity to the occurrence and who is unable to self evacuate and is assisted by Fire Department personnel i.e. vehicle accident, building collapse, commercial/industrial accident, home/residential accident, persons trapped in elevator, water rescue or water/ice rescue. Medical/Resuscitator Call: Includes a response to a patient(s) suffering from asphyxia, respiratory condition, convulsions, epileptic, diabetic seizure, electric shock, traumatic shock, heart attack, stroke, drug related, cuts, abrasions, fractures, burns, person fainted, nausea and pre-hospital care such as administering oxygen, CPR, defibrillation, or first aid. Other Response: Assistance to other Fire Departments, calls cancelled on route, non fire incidents w#~ere an illegal grow operation or drug operation was discovered. 11-3 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT CALL TYPE SUMMARY- 2010 2009 TLIIC rw~~r PERIOD TO DATE PERIOD TO DATE FIRES /.EXPLOSIONS' 27 165 0 133 OVERPRESSURE RUPTURE EXPLOSIONS 0 0 0 2 PRE FIRE CONDITIONS 8 45 0 40 -BURNING (controlled) 32 110 0 62 FALSE FIRE CALLS 65 265 0 275 CO FALSE CALLS 42 181 0 155 PUBLIC HAZARD CALLS 27 110 0 105 RESCUE CALLS 110 341 0 271 MEDICAL CALLS 425 1516 0 1125 OTHER RESPONSES 59 220 0 124 TOTALS 795 2378 0 2416 DOLLAR.LOSSSUMMARY 2010 2009 PERIOD TODATE PER OD TODATE FIRE $661,160 $3,704,910 $184,450 $2,376,800 11-4 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT ENFORCEMENT SUMMARY -~ 2010 2009 ACTIVITY TODATE TODATE PERIOD PER OD FIRE INSPECTIONS 27 198 112 423 COMPLAINT INSPECTIONS 26 72 21 138 FIRE SAFETY PLAN 3 16 6 36 REVIEW PLANS REVIEW 16 92 33 149 SITE VISIT/ APPROVAL/PERMIT 38 127 23 91 ALARM FOR LIFE PROGRAM RESIDENTIAL 0 5 2 2 VISITS PART 1 SMOKE ALARM 1 1 0 2 TICKETS ISSUED PART 3 FIRE CODE 0 0 0 1 CHARGES FIRE INVESTIGATION 3 5 1 11 PUBLIC,EDUCATION;SUMMARY ; 2010 2009 ACTIVITY PERIOD TODATE PER OD TODATE STATION TOURS 11 25 13 23 SCHOOL VISITS 5 13 3 22 FIRE SAFETY HOUSE VISITS 0 0 0 13 PUBLIC EVENTS 10 11 7 19 SAFETY LECTURES 7 9 3 15 FIRE EXTINGUISHER TRAINING 2 2 1 4 FIRE TRUCK VISITS 0 0 0 1 11-5 Clal"]11~011 REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: January 10, 2011 Resolution#: By-law#: N/A Report: CSD-001-11 File#: Subject: INFRASTRUCTURE STIMULUS PROJECT -DEADLINE EXTENSION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-001-11 be received; 2. THAT the Municipality remains committed to the completion of the Garnet B. Rickard Recreation Complex Energy Retrofit Project as funded by Building Canada Fund, Communities Component -Intake 2; 3. THAT the Municipality will continue to contribute the municipal share for all eligible costs for this project incurred after March 31, 2011; 4. THAT the Municipality will be solely responsible for any costs incurred for this project after October 31, 2011; and 5. THAT the Mayor and Clerk be authorized, upon approval of the extension request, to execute the amended contribution agreement. Submitted by: GA/JPC/Iw ,~,bseph P. Caruana director, Community Services ~.. Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 12-1 REPORT NO.: CSD-001-11 PAGE 2 1.0 BACKGROUND 1.1 In June 2009, the Municipality received approval for an energy retrofit project at Garnet B. Rickard Recreation Complex through the Building Canada Fund, Communities Component -Intake 2 (BCF-CC). The approved project cost was $1,275,000.00 with the costs to be equally shared between the federal and provincial governments and the Municipality. The deadline date for completion of all work was March 31, 2011. 1.2 The project includes the replacement of refrigeration plant equipment, mechanical and electrical equipment upgrades, water conservation improvements, arena skylight replacement and the installation of an automated building controls system. The scope of work was developed using an energy audit that had been completed on the facility in February 2009. 1.3 To date, the refrigeration plant equipment and skylight replacement have been completed. In November 2010, a contract was awarded to complete the remainder of the mechanical and electrical work and this work is currently in progress. This work is scheduled to be completed by March 31, 2011. 2.0 PROGRAM EXTENSION 2.1 In December 2010, the federal government announced an extension of various economic stimulus programs under the Economic Action Plan, including the BCF-CC program. The program is to be extended to October 31, 2011. 2.2 On December 21St, the Canada Ontario Infrastructure Secretariat issued a letter outlining the details of the BCF-CC Program extension (Attachment 1). This correspondence outlined the details for applying for an extension. The requirements include a council resolution confirming the Municipality is committed to completing the project; will continue to provide the municipal share of all eligible project costs incurred after March 31, 2011, and will be solely responsible for all costs incurred after October 31, 2011.- The deadline date for the extension application is January 17, 2011. 2.3 Although the current project schedule indicates a completion of work by March 31, 2011, staff are recommending the extension application be submitted as any delay in the delivery of mechanical and/or electrical supplies or other unforeseen issues may affect the March 31 St date. 3.0 COMMENTS 3.1 Staff are preparing the project extension application and will be submitting it prior to.the January 17, 2011, deadline. We will indicate in the application that the required resolution will be forwarded following the January 17, 2011 council 12-2 REPORT NO.: CSD-001-11 PAGE 3 meeting. 4.0 INPUT FORM OTHER SOURCES 4.1 The Director of Finance has reviewed this report and concurs with the recommendations. Attachments: Attachment 1 -Canada Ontario Infrastructure Secretariat letter (December 21, 2010) 12-3 Attachment 1 To Report CSD-001-11 DEC 2 ~~ ~O~Q MUEVIC(I'AlfTl' Or Cir.~i Communit Servicas - ~~~- ~. Canada Ontario Infrastructure Secretariat Email: bcf.cc@ontario.ca 1 Stone Road West, 4NW Telephone: 1 866 306-7827 Guelph ON N1G 4Y2 Facsimile: 519 826-4336 Patti Barrie Municipality of Clarington Municipal Clerk 40 Temperance Street Bowmanville, OIV, L1 C 3A6 December 21, 2010 Dear Patti Barrie: Ontario 1, chemin Stone Ouest, 4N.-0. Courriel: bcf.cc@ontario.ca Guelph ON N1G 4Y2 Tile hone: 1 866 06-7827 ®I~l'~~ REVIEWED 8`! ORIGINAL TO: ^ COUNCIL ^ COUNCIL ^ FILE DIRECTION INFORMATION ' COPY TO: ' l~ MAYOR [MEMBERS . ~.CAO OF COUNCIL C~f~ COMMUNITY ~ CORPORATE ^ EMERGENCY SERVICES SERVICES ENGINEERING ^ M SERVICES UNICIPAL SERVIC ' ~ OPERATIONS ES CLERK S ^~PLANNING ,l~ SOLICI70R TREASURY SERVICES ^ OTHER MUNICIPAL CLERK'S FILE Over the past two years, the governments of Canada and Ontario have worked with you to implement a range of economic stimulus programs. These programs have helped to boost our economy and create jobs, while also investing in the critical infrastructure that our communities need. The purpose of-this letter is to advise you that Canada and Ontario have agreed to extend the deadline for the completion of stimulus projects funded under the Building Canada Fund - Communities Component Top Up from March 31, 2011 to October 31, 2011. In order to receive an extension, it is mandatory that you submit a written request for an extension by January 17, 2011. The extension recognizes the benefits of allowing for the completion of projects that are underway but which, for various reasons, are at risk of not being completed by March 31, 2011. At the same time, we expect that the vast majority of stimulus projects wilt still be completed by the original March 31, 2011 deadline. ~ . There are important conditions governing the extension for the completion of infrastructure projects. funded under the Building Canada Fund -Communities Component Top Up . In order to be eligible for an extension, your approved project must have started before March 31, 2011. Starting a project is defined as having incurred eligible costs for the project. 12-4 The federal government requires that for projects receiving an extension, a claim for ail costs incurred up to March 31, 2011 must be submitted to the federal government by April 30, 2011. Ali final claims for att projects being extended under the program, covering eligible costs incurred up to October 31, 2011, must be submitted no later than January 31, 2012. In addition, we will be requesting a monthly update on the progress of those projects being extended. The federal government has mandated that specific documentation be submitted for all projects seeking an extension. In order to receive an extension, you must submit in writing: • A list of all of the projects -that require an extension, including the relevant funding program, the project title, and the project identification number; • A revised financial forecast for the project with estimated costs to be incur-ed up to March 31, 2011; • Aforecast of project expenses and federal and provincial funding required from April 1 to October 31, 2011; • A detailed construction schedule for the completion of the project, signed by an.engineer or architect and • A council resolution committing to finish the. project and accepting responsibility for any costs incurred beyond the October 31, 2011 date. These documents are required for each individual project for which you are requesting an extension. Templates for your list of projects requiring an extension, a draft council resolution and a solemn declaration concerning the construction schedule have been developed to assist you in meeting these requirements. Templates have been sent by email with the electronic version of this letter and will be available on the web site: www.ontario.ca/infrastructure The deadline for you to submit your extension request is Monday, January 17, 2011. If you need additional time to submit your construction schedule or resolution, please clearly state this in the extension request that you submit on January 17~'. The extension request must be submitted by email to bcf.ccclaims(o~ontario.ca~or by fax to 519- 826-4336. Please also copy your provincial program analyst on your extension request. If you do not apply for an extension, or if you_ do not submit the required documentation, you will not receive an extension and the original March 31, 2011 deadline will continue to apply to your project(s). The extension being granted now is an exceptional, one-time measure, and further extensions will not be considered. Any costs incurred. after October 31, 2011 will not be reimbursed by Canada or Ontario. If you choose to submit a request for an extension, provincial staff will follow. up with you to confirm that all of the required documentation has been submitted. In the event that you receive an extension, you will be advised in writing by the BCF-CC Oversight Committee and provincial staff will work with you to amend your existing contribution agreement. All contribution agreements must be amended by all parties no later than February 28, 2011. 12-5 Thank you for your continued cooperation in the implementation of our infrastructure stimulus programs. If you have any questions about the deadline extension, please contact your program analyst. Sincerely, ~~~ Natasha Kay Brenders Federal Co-Chair BCF-CC Oversight Committee ~u~ Martin Bohl Provincial Co-Chair BCF-CC Oversight Committee 12-6 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2011 Resolution#: By-law#: Report#: CLD-001-11 File#: P01.GE Subject: PROPOSED FENCE CONSTRUCTION COST SHARE BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-001-11 be received; and 2. THAT the By-law to provide for the apportionment of costs of Division Fences attached to Report CLD-001-11, as Attachment 1, be approved. Submitted err , CMO ~nici al Clerk Reviewed by: Franklin Wu Chief Administrative Officer PLB/LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-1 REPORT NO.: CLD-001-11 PAGE 2 1. BACKGROUND Among the many functions of the Municipal Law Enforcement Division is the administration of the Line Fences Act (Act) as it applies to the division of costs for the construction of fences between adjacent property owners. The Act allows for an arbitration procedure where the two owners cannot agree on the apportionment of costs or the nature of the fence. The Line Fences Act is one of the oldest pieces of Legislation in the Province. The Act of the Province of Upper Canada, 1793, makes reference to the employment of Fence Viewers to provide mediation between disputing farmers over the height, nature and cost of fences to be constructed and maintained. In 1834 the first version of the Line Fences Act was passed by the legislature of Upper Canada. Over time the Act has changed little. Today if remains as a method of dispute resolution for all property owners. The current Act provides that a property owner may construct a fence to mark the boundaries of his or her property. The Act requires the local municipality to appoint at least 3 referees or "Fence Viewers" who will act as independent arbiters in fencing disputes. The Fence Viewers are paid by the Municipality and those costs can be billed back to the two property owners. As municipalities have become more urban, staff have seen a shift in the application of the Act from Agricultural to Residential properties. The overall number of Fence Viewings has steadily declined from an annual average of 20 in the early 1990's to its current rate. Since 2006 there have been eight Fence Viewings in the Municipality, with three in 2006, none in 2007, one in 2008, two in 2009 and two in 2010. Over the last ten years nine viewings have involved strictly residential properties and one was a residential property that bordered Municipal land. Four of the Awards were appealed to the Provincial Referee because one side or the other was unhappy with the Fence Viewers' award. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-2 REPORT NO.: CLD-001-11 PAGE 3 Two of the Appeals were dismissed, one as not necessary and the other as not applicable. In both cases the proposed fence work did not meet the requirements of the Act. In examining the cost share decision, four cases were decided on a 50-50 share basis. One case, which did not conform to the even cost split, involved special requirements on one property owner which-.did not apply to the other. What is not covered in the cost recovery provisions of the Line Fences Act is staff time required to prepare documentation and organize the Hearings. Each Fence Viewing and Appeal requires staff time to prepare the documentation, schedule Fence Viewings and Appeals, transcribe decisions and mail out the necessary paperwork. This process can be costly and time consuming for both the property owners and the Municipality. 2. ALTERNATIVES Section 26 of the Act does allow a municipality to opt out of the requirements if the local municipality passes a by-law to dictate terms of cost apportionment. A local municipality may choose to pass a by-law setting out a cost sharing formula for residents to use in resolving these matters among themselves. Staff believe that passing such a by-law would relieve municipal workload while still protecting the rights of private property owners to negotiate the costs of construction. Staff have spoken to representatives from the Ministry of Municipal Affairs and Housing. Province-wide there is an increasing trend to enact cost sharing by-laws for residential properties. Locally, Staff are aware that Pickering, Ajax, Whitby, Oshawa, Uxbridge and the City of Kawartha Lakes have abandoned the Fence Viewing process in favour of a cost sharing by-law. 13-3 REPORT NO.: CLD-001-11 PAGE 4 3. MAIN FEATURES OF THE PROPOSED BY-LAW The intent of the By-law is to create. a system that is fair to all citizens and not unduly onerous in its application. The Line Fences Act establishes the principle that where a property owner wishes to have a fence on the property line then there shall be a fence constructed. The general application of the Act has been that unless there are compelling reasons to the contrary, the costs should be split evenly between the two owners. The Act currently offers the ability for adjoining owners to enter into private agreements to require fencing and many owners will avail themselves of that option when they have been made aware of it. The imposition of this By-law mirrors that ability in the Act and places the onus back where it belongs, on the involved property owners to resolve their issues themselves. The proposed By-law establishes that, where there is agreement between the two owners, costs shall be shared 50/50 based on a written agreement. Where there is no agreement then the dissenting owner shall be responsible for the cost of a 1.2 metre high chain link fence constructed on the property line. If the originating owner wants to upgrade from that point, then he will carry the additional incurred costs. Ongoing maintenance of the fence is also split evenly between the adjoining owners based on the expected costs of a 1.2 metre high chain link fence. As with construction, repair costs for an upgraded. fence which exceed the costs for a chain link fence would be borne by the party who wanted the upgrade. 13-4 REPORT NO.: CLD-001-11 PAGE 5 4. EXCEPTIONS TO THE BY-LAW With certain exceptions listed below, the by-law will apply equally to all lands within the Municipality. The cost share approach has been equally effective in largely urbanized areas such as Ajax as well as more rural municipalities such as Kawartha Lakes. The classifications of lands use zones do not affect the process. As is the case with the Line Fences Act, the By-law will not apply to property abutting Crown land or a road allowance. The By-law will still hold the Municipality jointly accountable for properties bordering municipal parks and other open spaces. Rather than forcing the adjoining owner to file for a Fence Viewing the property owner may simply approach the Director of Operations to arrange for fencing and costs. The By-law is not a means to have an adjoining neighbour pay for, upgrades to an existing Division Fence that is in a state of good repair. The owner requesting the upgrade would have to show that there was a deficiency and a need for the upgrade. Any fence construction within the Heritage Conservation District will be subject to all requirements for obtaining a permit pursuant to Part V of the Ontario Heritage Act. The By-law will not apply to any person who is under a legal requirement either by an Act, Regulation, By-law or any other legislation to erect and maintain a Division Fence. For example a property owner who is the subject of an "Order to Restrain" their dog cannot use the provisions of this By-law to force the adjoining neighbours to pay for upgrades to the existing fence as required in the terms of the Order. Any disputes in the cost or cost recovery will have to be addressed through the civil process and not through the Municipality. Currently the Act allows for the unpaid amounts, once certified as outstanding by the fence viewers, to be added to the Municipal Tax Roll as a lien. It does not have priority status and may sit for years before it is paid. 13-5 REPORT NO.: CLD-001-11 PAGE 6 5. CONCLUSION The proposed By-law will not be a dramatic departure from previous practice. Given the limited number of requests in recent years staff do not believe the By-law will have a major impact on the public. It is respectfully recommended that the attached by-law be forwarded to Council for passage. Attachments: Attachment 1 Proposed By-law 13-6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2011- Being a by law to provide for the apportionment of costs of Division Fences WHEREAS The Municipal Act 2001 S O 2001 c 25 as amended allows a municipality to pass by-laws with regard to structures including fences and signs; AND WHEREAS the Line Fences Act RSO 1990 c L17 exempts a Municipality from the arbitration requirements of NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. SHORT TITLE 1.1 This bylaw may be cited as the Fence Cost Sharing By-law. 2. DEFINITIONS 2.1 In this by law "Actual Cosy' means the total cost of the construction of a Division Fence and includes the cost of the material used and the value of the labour performed to complete the work. "Adjoining Owner" means the person who owns land adjacent to land of an Owner. "Basic Cost" means the cost of constructing a 1.2 metre (4 foot) high steel chain link fence which: i has a diamond mesh not greater than 50mm (2 inches), ii is constructed of galvanized steel wire. not less than 9 gauge or steel wire covered with vinyl forming a total thickness equivalent to 9 gauge galvanized wire, iii is supported by at least 48 mm (1.88 inch) diameter galvanized steel posts encased in a minimum of 50mm (2 inches) of concrete from grade to a minimum of 1 metre (39 inches) below grade such posts to be spaced not more than 3 metres (10 feet) apart, and iv top and bottom horizontal rails of 35mm (1.37 inches) minimum galvanized steel except that a minimum 9 gauge galvanized steel wire may be substituted for the bottom horizontal steel rail. 13-7 "Construct" means to build from new where there was no pre-existing Division Fence. "Cost" shall mean all related value for labour and materials involved in the construction of a Division Fence. "Division Fence" means a fence marking the boundary between adjoining parcels of land not under common ownership. "Municipality" means the Corporation of the Municipality of Clarington. "Owner" means the owner of land who initiates procedures pursuant to the by-law to install and apportion the costs of a Division Fence and includes the person managing or receiving the rent for the land or premises whether on his own account or as agent or trustee for the Owner. "Reconstruct" means to replace an existing Division Fence that is not in a good state of repair using the same materials and building to the style as the existing Division Fence. "Repair" means to restore an existing Division Fence to its original State of Good Repair. "State of Good Repair" means for the purposes of this By law: i the fence is complete and in a structurally sound condition, plumb and securely anchored; ii protected by weather resistant materials; iii fence components are not broken rusted, rotten or in a hazardous condition; iv all stained or painted fences are maintained free of peeling, and v that the fence does not present an unsightly appearance deleterious to abutting land or to the neighbourhood. "Ugrade" means to raise an existing Division Fence to a higher standard of greater value or quality of materials, and "Work" means to construct, repair or maintain a Division Fence and shall include all costs for labour and material. 13-8 3. EXEMPTIONS 3.1 This bylaw does not apply to: (a) any land that constitutes a public highway including land abutting a public highway that is held as a reserve by the Municipality or other public authority to separate land from the highway or to land that is being held by the Municipality or other public authority as an unopened road allowance or for future. public highway purposes, (b) an owner wishing to upgrade an existing Division Fence that is in a state of good repair, and (c) any person that is under a legal requirement either by an Act, Regulation, By-law or any other legislation to erect and maintain a Division Fence. 4. RIGHT TO CONSTRUCT, RECONSTRUCT OR REPAIR 4.1 An Owner of land may construct, reconstruct and repair a Division Fence. 5. WRITTEN AGREEMENT 5.1 Where the Adjoining Owner has agreed in writing to the construction, reconstruction, repair or upgrade of a Division Fence each owner shall be responsible for fifty percent of the actual cost of the work unless otherwise provided for in the written agreement. 6. NO WRITTEN AGREEMENT 6.1 Where the adjoining owner has not agreed in writing to the construction, reconstruction or repair of a Division Fence, the Owner desiring to construct, reconstruct or repair a Division Fence shall serve or cause to be served upon the Adjoining Owner by registered mail, a notice of his or her . intention to do so at least fourteen (14) days prior to the commencement of any work or execution of any contract in relation to the work to be undertaken. The fourteen (14) day notice period shall commence on the date following the day the notice is mailed. This notice shall include the following items: (a) a date for beginning the work to be undertaken, (b) a complete breakdown of-the costs of the fence, (c) any estimates received for the cost of the fence, and (d) a request for payment calculated as set out in the by-law. 13-9 6.2 Where the Adjoining Owner has not agreed in writing to the construction of a Division Fence, the cost for the work -shall be paid as follows: (a) the Adjoining Owner shall pay fifty percent of the Basic Cost or fifty percent of the Actual Cost whichever is less, and (b) the Owner shall pay the balance of the Actual Cost. 6.3 Where the Adjoining Owner has not agreed in writing to the reconstruction or repair of a Division Fence each owner shall be responsible for (a) fifty percent of the actual cost of the work, where both parties have agreed to the height, style and cost of the existing fence; or (b) fifty percent of the cost of repairing or reconstructing a Basic Fence, where there has been no prior agreement for the construction of the fence. 6.4 Where the Adjoining Owner has not agreed in writing to the upgrade of an existing Division Fence but the owner is under a legal requirement to upgrade the existing Division Fence then the existing Division Fence will be upgraded and all costs shall be borne by the Owner. 7. GENERAL PROVISIONS 7.1 Unless otherwise agreed the cost for the work shall paid within 30 days of completion of the work. 7.2 Where an Owner or Adjoining Owner is in default of his obligations pursuant to this By-law a person desiring to enforce the provisions of this By-law shall, within ninety days after completion of the work, serve or cause to be served on the defaulting person, a notice by registered mail requiring compliance with this By-law. The notice shall specify that if the default is not rectified within 30 days after service of the notice, the person enforcing this By-law may rectify the default and may take appropriate proceedings under Part IX of the Provinciai Offences Act to recover the proportionate share of the cost of the work and additional costs of rectifying the default from the defaulting person. 7.3 Any Division Fence constructed, reconstructed or repaired pursuant to the provisions of this By-law shall comply with the provisions of the Municipality's Fencing By-laws. 7.4 Except as provided in section 3.1 this By-law shall bind the Municipality. 13-10 7.5 Where an Owner wishes to construct, reconstruct or repair a Division Fence on property bordering Municipality owned lands, other than those listed in section 3.1, the Director of Operations shall represent the Municipality's interests in the matter. 8. HERITAGE CONSERVATION DISTRICT 8.1 Any Division Fence constructed, reconstructed or repaired within an area designated as a Heritage Conservation District pursuant to Part.V of the Ontario Heritage Act is subject to all requirements of obtaining a permit pursuant to such legislation. 9. VALIDITY 9.1 If a Court of competentjurisdiction should declare any section or part of a section of this By-law to be invalid such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this By-law and it is hereby declared that the remainder of the By law shall be valid and shall remain in force. 9.2 This By-law shall come into full force and effect upon the date of its passage. Read a first this day of 2011 Read a second time this day of 2011 Read a third time and passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 13-11 y r ..3~ § ~n Grrrv~iinn Onlar•io REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2011 Report #: CLD-002-11 File #: Resolution #: By-law #: Subject: Accessibility Initiatives Undertaken for 2010 Municipal Elections Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-002-11 be received; and 2. THAT a copy of Report CLD-002-11 be forwarded to Elections Ontario, Elections Canada, and the Ministry of Municipal Affairs and Housing. Submitted by: P~ffi-C. Barri , CMO Municipa Jerk Reviewed by ~' Franklin Wu, Chief Administrative Officer. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169 13-12 REPORT NO.: CLD-002-11 PAGE 2 BACKGROUND AND COMMENT: This Report is being submitted to Council in accordance. with s.12.1(2) of the Municipal Elections Act, 1996 which requires the Municipal Clerk to report to Council within 90 days of the election detailing the identification, removal and prevention of barriers that affected electors and candidates with disabilities during the 2010 Municipal Election. On October 25, 2010 there were 57,547 eligible electors in the Municipality of Clarington. Of those eligible, 19,868 exercised their right to vote (34.52%). According to statistics quoted by Accessibility Experts Ltd., 15.5% of our population has some sort of disability. In Clarington, therefore we can estimate that 8900 electors are limited in their abilities, whether it be vision, hearing, mobility, speech, mental health, or learning. Our 2010 Municipal Election was conducted via traditional voting location, paper ballot, manual count process. The Municipality was divided into approximately 222 Voting Subdivisions stationed at 44 voting locations on Voting Day, with 11 Advance Voting opportunities held throughout the Municipality over 5 days. In excess of 550 people were hired as Election Officials to assist in executing this event. To ensure dignity, fairness, integration and equal opportunity for all of our Clarington electors, the Municipal Clerk's Office undertook several initiatives. In developing our initiatives to ensure we were maximizing our efforts and meeting our goals, staff contemplated the recent Canadian Human Rights Tribunal Decision regarding a Human Rights Complaint against Elections Canada, consulted with The Canadian Hearing Society, the AMCTO Election Team, Elections Ontario, Elections Canada, and the Clarington Accessibility Advisory Committee for input and feedback. We are proud to report that all 44 voting locations were deemed accessible, we provided audio /tactile voting assistive devices at all of our Advance voting locations, our Municipal Election website was enhanced to provide. more comprehensive information regarding our election activities, and all of our Election Officials were trained on Accessible Customer Service standards. Attachment 1 to this Report details those initiatives. The total estimated cost for implementing these initiatives is $11,000. 13-13 REPORT NO.: CLIJ-002-11 PAGE 3 CONCLUSION We are confident that the accessibility initiatives undertaken by the .Municipal Clerk's Office for Clarington's 2010 Municipal Elections met and exceeded the needs within our community. Staff will continue to monitor the technologies and processes of conducting elections, and will continue to receive feedback from our electors, to ensure that our 2014 Municipal Election process will ensure dignity, fairness, integration and equal opportunity for all of our Clarington electors. Attachments: Accessibility Initiatives Details 13-14 Attachment 1 CLD-002-11 Identification of Barriers Staff took the following actions to identify barriers that affect electors and candidates with disabilities: Actions Details / Key Learnings /Vision for 2014 1. Reviewed with and received While the Committee appreciated the input from our Accessibility opportunity to review our "accessibility Advisory Committee our election measures plan", staff, in turn appreciated the accessibility initiatives constructive feedback from the Committee. Would consider taking similar. action in 2014. 2. Created an accessibility checklist Checklist proved useful as a guide to ensure for election personnel to use all features of the location were inspected. when conducting site visits of each voting location .Would consider taking similar action in 2014 (See Attachment 2) with some modifications to the form. 3. Assessed voting processes and Very challenging to envision needs of ALL procedures to ensure it met the electors. needs of the electorate. Would consider taking similar action in 2014. 4. Communicated with staff from Sharing of knowledge and experiences is various municipalities throughout always valuable. Ontario and other parts of Canada to seek input on barriers Would consider taking similar action in 2014. they have identified 5. Assessed the risk of not There were electors who were disappointed providing amail-out ballot that they could not receive their ballot at home. Generally these electors were "housebound" and felt they were being disenfranchised. Would consider incorporating mail-out ballots as an o tion in 2014. 13-15 Attachment 1 CLD-002-11 Removal and Prevention of Barriers Staff took the following .actions to remove and prevent barriers that affect electors and candidates with disabilities: Actions Details / Key Learnings /Vision for 2014 Communications and Information 1. Ensured communication Each candidate was provided ~ initiatives and information for correspondence, updates and forms in candidates and electors were hardcopy. Additionally, these materials were available in alternate formats also posted on the website or offered directly in electronic form. Interestingly enough, though, most candidates did not take advantage of the electronic option. Consideration will be given to move towards more electronic communications in 2014 to minimize costs and expedite delivery. 2. Posted all information to The 2010 Municipal Elections website was Municipality's website very comprehensive (especially compared to the 2006 site). Statistics indicate that during the period between September 1St and October 31St, our election site was viewed approximately 19,000 times. We are confident therefore that the site was well used by candidates and members of the public, and consideration will be given to further expand the site for 2014. 3. Provided a copy of and links to: a Given the number of questions we received Candidates Guide to Accessible from Candidates regarding their campaign Elections, produced jointly by the activities as it related to accessibility issues, Association of Municipal we have concluded that the Guide and other Managers, Clerks and Treasurers links were well-received by the candidates. of Ontario and the Province; the provincial accessibility website; Would consider taking similar action in 2014. the municipality's website; and any other related material 13-16 Attachment 1 CLD-002-11 Actions Details /Key Learnings /Vision for 2014 4. Solicited feedback on We received feedback from two electors and accessibility initiatives through both of these comments addressed parking our Election web page and by concerns at the Municipal Administrative way of manual form at each of Centre on the Saturday Advance Vote due to the voting locations the "Applefest" traffic in the downtown core. Although feedback was minimal, we believe it is critical that we continue to promote feedback from our electors, and therefore would consider taking similar action in 2014.. 5. Provided all. election officials with In accordance with Ontario Regulation accessible customer service 429/07, Accessibility Standards for Customer training Service made under the Accessibility for Ontarians with Disabilities Act, 2005 all election officials received training regarding interaction with all of otxr electors regardless of their abilities or disabilities. Training also included the proper use of accessibility tools available for electors to use to assist with the voting process. Would consider taking similar action in 2014. 6. Provided information to The 2010 Candidate's Information Package Candidates re Campaign included the Ministry of Municipal Affairs Expenses and in particular rules Candidate Guide. This Guide explained the affecting candidates with rules respecting expenses incurred by disabilities candidates specific to accessibility accommodations. Additionally, staff attended two Candidate Information Sessions, hosted by the Ministry of Municipal Affairs and Housing during which campaign finances were discussed. Would consider taking similar action in 2014. Votin Locations 7. Conducted site visits of all In response to findings of our initial site potential voting locations to inspections, a list of special instructions was ensure full accessibility as created for each location requiring any special measured against our standards. set-up. This list was supplied to the Election (See attached Checklist) Official to ensure the needs were addressed on Voting Day. y3-17 Attachment 1 CLD-002-11 Actions Details /Key Learnings /Vision for 2014 While built accessible features are important, location and proximity to the electors is also important. That said, however, financial constraints of school boards and local hall boards create challenges when trying to address built deficiencies such as ramps, auto door openers, etc. In some cases, alternate facilities were selected. Would consider taking similar action in 2014. 8. Continuous Accessibility One election official for each voting location Inspection was assigned the responsibility of ensuring the initial set-up of the voting .location met our customer service standards. This same individual was required to conduct hourly inspections throughout the Location to ensure that the Location remained accessible and barrier free. These inspections were documented along with any deficiencies and actions taken. This task was easily executed and we did not receive any complaints regarding barriers at the voting locations. Would consider taking similar action in 2014. 9. Utilized table lifts at each voting To accommodate the needs of any elector in location a scooter, wooden table lifts were constructed (designed in house and constructed bjr students at Courtice Secondary School) and deployed in each voting location to provide an alternative higher work table. This accommodation was easy, relatively inexpensive and well used by many electors. Would consider taking similar action in 2014. 10. Provided appropriate signage at Each voting location was supplied with a voting locations variety of signs (varying colours, fonts and sizes, etc.). Signs were posted at the roadside, front entrance, along hallways and inside the Voting Place. Where required, additional si ns were rovided. 13-18 Attachment 1 CLD-002-11 Actions Details /Key Learnings /Vision for 2014 Feedback from election officials confirmed the appropriateness and usefulness of the signs. Would consider taking similar action in 2014. 11. Ensured designated or reserved Each voting location had a minimum of one parking for persons with designated Accessible parking space. disabilities at each voting location Additional signage was provided where there were any deficiencies. There was some feedback received through the Election Officials at the voting locations that the accessible parking was too far from the entrances. In these cases it was determined that the planned, designated door was not the door that was being used. Would consider taking similar action in 2014. 12. Provided a significant number of To minimize the distance travelled by electors voting locations throughout the to attend their respective voting location, 44 Municipality on Voting Day and voting locations were designated throughout during the Advance Voting the Municipality. Despite these period. accommodations, there were a few electors who expressed concerns that they were not voting at their "usual" voting location. The number of voting locations was significantly higher than other municipalities of similar size. This volume of locations increased costs, staff time and resources . necessary to manage the voting location process. During the Advance Voting period (being 5 days), voting locations were designated centrally throughout the four wards. Would consider maintaining the number of voting locations for the advance voting in 2014. The number of voting locations on Voting Day will be reviewed for the 2014 election. 13-19 Attachment 1 CLD-002-11 Actions Details /Key Learnings /Vision for 2094 13. Public Transportation Access Where possible, voting locations were selected to ensure easy access public transit stops. Given the geographic landscape of Clarington, public transportation is not a viable option in many of the more rural areas. No feedback was received regarding use of ~ public transportation to travel to the voting location. Would consider taking similar action in 2014. 14. Provided fully accessible voting Each Advance voting location was supplied assistive device at all Advance with a Voting Assistive Device which, through voting locations. an audio interface, enabled electors with visual and mobility impairments to independently cast their ballot. Election Officials were thoroughly trained on the Accessible voting assistive device (hands- on) and were prepared to provide all the necessary instructions to the elector on using the equipment. While the availability of the equipment was advertised through our election website, the local newspapers and notices mailed to every household, we did not have any electors who took advantage of the voting assistive equipment. This was a rather disappointing outcome as the rental of the equipment was costly and it required significant staff time and resources to set-up and coordinate. Would consider only offering this equipment at one centralized location during Advance Voting and on Voting Day in 2014. 13-20 Attachment 1 CLD-002-11 Actions Details /Key Learnings /Vision for 2094 15. Provided vote anywhere in the Electors were offered a total of 11 voting Municipality at an advance poll opportunities. To accommodate the needs and schedules of our electors, a "vote anywhere" option was available in that our electors were eligible to vote at ANY advance vote location throughout the Municipality. Would consider taking similar action in 2014. 16. Provided voting opportunities on In accordance with the requirements of the the premises of: Act, we provided on-site voting for the a) an~ institution in which 20 or residents of: more beds are occupied by White Cliffe Terrace Retirement persons who are disabled, Residence chronically ill or infirmed; b) a retirement home in which 50 Strathaven Lifecare Centre or more beds are occupied Marnwood Lifecare Centre • Lakeridge Health Bowmanville • Kingsway Arms • Fosterbrooke Long-Term Care Facility Would consider taking similar action in 2014. 17. Provided magnifying sheets at all Small, portable magnifying sheets were voting locations available at all voting locations. These sheets were very well received by the electors and were frequently used. Would consider taking similar action in 2014. 18. Provided a variety of marking To accommodate electors with varying tools at all voting locations on mobility impairments, a variety of marking Voting Day tools was available for use by the electors (eg. fat pens, skinny pens, markers, etc.). No feedback was provided regarding this initiative. Would consider taking similar action in 2014. 13-21 Attachment 1 CLD-002-11 Actions Details /Key Learnings /Vision for 2014 Staff Train in & Assistance 19. Staff training incorporated The Accessible Customer Service training provisions to meet accessible component was delivered lecture-style inviting customer service standards audience participation. As well, the concepts were reinforced through role-play and scenario discussions. The principles of the Municipal Elections Act and the requirements of the Ontarians with Disabilities Act were clearly communicated to the Election Officials to-help them apply critical thinking to successfully take action when encountering a unique situation at the voting location (eg. offering curb-side voting to an elector). Feedback from Election Officials confirmed that the training was appropriate and relevant. Would consider taking similar action in 2014. 20. Provided reference. materials In support of the 3 hour Election Official training session, each Official also received an assignment-specific training manual which underscored the need to treat all electors equally with dignity while maintaining their right to secrecy. Feedback from Election Officials confirmed that the training and supporting materials were appropriate and relevant. Would consider taking similar action in 2014. 21. Election Officials. available to Election Officials were trained to ready assist as required themselves to assist electors where and when necessary, but not to make assumptions and/or interfere. Would consider taking similar action in 2014. 13-22 Attachment 1 CLD-002-11 Actions Details / Key Learnings /Vision for 2014 22. Checked the access doors An Election Official (Traffic Clerk) was frequently to offer assistance and assigned to work at each voting location to watch for electors unable to greet electors and provide any assistance to easily enter the building them upon entering the voting place. Voting locations where there were no automatic door opener or where the entrance to the voting location was not within the immediate vicinity of the voting place had additional Election Officials assigned to them. These additional Officials opened the doors for the electors and provided assistance (verbal or otherwise) to electors to ensure easy access to and within the voting place. Feedback from Election Officials confirmed that the additional Officials were appropriate and worthwhile. .Would consider taking similar action in 2014. 13-23 Facility WARD POLL.. _la~i~ ~ Leading the R'ay Voting Site Inspection Form Facility or Site Name Phone Number ~~ Date of Inspection Street Address Suite/Unit Postal Code Facility Booking Contact Position Phone Number On-Site Contact Person on Voting Day Phone # Cell Phone # SECTION I -FACILITY Describe who and how facility will be opened and set up Fire Drlll DISCUSSIOn Construction Plans? on Voting Day (where necessary) ^ Yes ^ No Equipment # of Required Chairs Supplied # of Required Tables Supplied Heat Timer Lights ^ Yes ^ No ^ Yes ^ No Accessible Washrooms First Aid Equipment Telephone Available Location of telephone access Male ^ Yes ^ No Female ^ Yes ^ No ^ Yes ^ No ^ Yes ^ No Powelr SuPP~Y All plugs tested ^ Yes ^ No Plug distance from location to Vote Tabulator (in feet) Facility Accessibility Is the facility accessible via public transit? ^ Yes ^ No Is the facility name and address clearly visible from the street and sidewalk? ^ Yes ^ No Is the entrance accessible? (ramp) ^ Yes ^ No Is the ramp well designed and safe? ^ Yes ^ No Is the door hardware accessible? (Can the door be operated using a closed fist?) ^ Yes ^ No Is the doorway wide enough for a person using a wheelchair or scooter to pass through? ^ Yes ^ No Is the door easy to open? (Can you prop them open in a safe manner?) ^ Yes ^ No Is the entrance easy to see? ^ Yes ^ No Is the entrance well lit? ^ Yes ^ No Is there level access from the entrance to the voting area? ^ Yes ^ No Is the flooring non-slip, even and level? ^ Yes ^ No Is the voting location well lit? (Inside the voting area) ^ Yes ^ No Are there seats available for people to rest if needed? How many? ^ Yes ^ No Are corridors spacious enough for a wheelchair or scooter to pass through comfortably? ^ Yes ^ No Does the voting area have sufficient space for a wheelchair or scooter to move about easily? ^ Yes ^ No . I:\C07 Elections\2010 Elections\Election Forms\Voting Site Inspection Report Ver02-0~~~ ___ _ _;____ ____ _ __ -_ _ _ _ __ __ _ ____ 1ar~ n y~~P Leading the Way wAR~ Po~~ Voting. Site Ins ection -Form p IY~a tie FACILITY DIAGRAM.. DIAGRAM OF VOTING AREA INCLUDING ENTRANCE, EXIT (INCLUDE ACCESSIBLE ENTRANCES AND EXITS) 1. Indicate length and width of voting room. 2. Indicate entrance and. exits to be used by voters, including accessible entrances and exits. 3. Indicate all washrooms available to the public and election personnel. 4. Indicate location of telephone to be used by election personnel 5. Indicate location of Directions and Instruction Sign, Revision Clerk tables, Deputy Returning Officer tables, secrecy booths, vote tabulator and direction of voter flow using typical poll set up as provided (this can be changed depending on individual circumstances at certain polling locations). 6. Indicate tabulator electrical supply, Indicate location of security personnel (SP) and greeters (GR) 13-25 I:\C07 Elections\2010 Elections\Election Forms\Voting Site Inspection Report Ver02-02-10.doc WARD `POLL 1 _ ______ Leading the Way Voting Site Inspection Form SECTION it =PARKING Number of staff spaces Number of spaces available to public Number of on-street parking spaces Gr'eetelrs, Parking and Security Personnel'. # of security personnel required ~ # of greeters required Parking Accessibility ... Distance from parking to voting area External Lighting If on timer, when do they go out? (approx.) ^ Yes ^ No I Arrangements made to correct? ^ Yes ^ No Is accessible parking available? ~ ^ Yes ^ No Is the accessible parking space clearly marked w/ the International symbol of Accessibility? ^ Yes ^ No Is, the parking space firm and level? ^ Yes ^ No Are curb cuts provided? ^ Yes ^ No Is the space large enough to meet the needs of an elector who uses a van equipped w/ a ^ Yes ^ No wheelchair lift? Is the route to the entrance unobstructed and have continuous, smooth, hard surfaces w/ no ^ Yes ^ No abrupt changes in level? Is the route wide enough so someone using a wheelchair, scooter or service animal can travel " ^ Yes ^ No safely? I:\C07 Elections\2010 Elections\Election Forms\Voting Site Inspection Report Ver02-0~~0~ --- - -._ _._. _--- - _--- _ __ -- - _ _._ _ _ __ -- --- --- ---- ~~~ 11 ~¢ii y~ Leading the Way wARO Po~~ Votin Site Ins ection Form 9 p lu~ tee PARKING DIAGRAM DIAGRAM OF PARKING LOT. ON STREET PARKING AND ELECTION SIGNAGE 1. Indicate area of parking lot and entrance to voting room. 2. Indicate area of staff parking and area of parking available to the public. 3. Indicate on street parking available to the public. 4. Indicate parking entrance and exits to be used by voters and flowof traffic. 5. Indicate location of parking attendant(s) (PA) if required. 6. Indicate location of large mobile directional signs (if required) and stake directional signs (if I:\C07 Elections\2010 Elections\Election Forms\Voting Site Inspection Report Ver02-02-10.doc 13-27 WARD POLL ~~~ Leading the Way Voting Site Inspection Form I:\C07 Elections\2010 Elections\Election Forms\Voting Site Inspection Report Ver02-02-10.doc 13-28 WARD POLL • ~~ Leading the Way Voting Site .Inspection Form SECTION 111- SPECIAL VOTING LOCATION How many beds? Comment: What is best for list management? Comment: Do you have a lockdown procedure? ~ ^ Yes ^ No Comment: ^ Roving Poll ^ Stationary Comment: Proposed Hours of Voting for Voting Day Votin Place Pro osed'Hours of Votin Marnwood Lifecare Centre 10:00 a.m. -12:00 noon Kin swa Arms 10:00 a.m. -12:00 noon White Cliffe Terrace Retirement Residence 2:00 .m. - 4:00 .m. Strathaven Lifecare Centre 2:00 .m. - 4:00 .m. Fosterbrooke Lon -Term Care Facilit 2:.00 .m. - 4:00 .m. Lakerid a Health Bowmanville 10:00 a.m. -12:00 noon Other Topics for Discussion: - Special Dates o Voter's List o Review Period o Voting Times - How to deal with revisions? - Poster for "Family Meetings" I:\C07 Elections\2010 Elections\Election Forms\Voting Site Inspection Report Ver02-02-10.doc 13-29 • -- _ __ __ __ ___ _ ____ _____ ______ _ -___ __ ____. __ -l~.n'1 n- '~o,F~y ~,e~' Leading the Way ~`' WARD POLL Voting Site Inspection Form iuy ~ te! Accessibility Report Card The following section provides a glrade based on the above noted accessibility requirements as defined in the Municipal Clerk's Policy C07-010 that take into consideration core- principles of. independence, dignity, integration and equality of opportunity. Scale 7-5 (1=Not accessible 2 =Poor 3 =Accept 4 =Exceeds Expectation) Parking Main Voting Entrance Building Identification Q Ramps Pathway to Voting Place Elevator/Lift Accessible Washrooms Lighting Overal Grade ~~ ^ Passe ^ Fail Comments: I:\C07 Elections\2010 Elections\Election Forms\Voting Site Inspection Report Ver02-02-10.doc 13-30 ~'1~1l1 .IZ REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2011 Resolution#: By-law#: Repor~t#: CLD-003-11 File#: Subject: APPOINTMENT TO NEWCASTLE VILLAGE COMMUNITY HALL BOARD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-003-11 be received; 2. THAT the following three applicants be appointed to the Newcastle Village Community Hall Board for atwo-year term: a. b. c. and 3. THAT all interested parties listed in Report CLD-003-11 be advised of Council's decision. Submitted by: PLB*cag Muni (rrie, CMO Clerk \1 Reviewed by: ~__ ~ f~~~ ~- ~--~..`-~~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-31 REPORT NO.: CLD-003-11 BACKGROUND AND COMMENT PAGE 2 In accordance with an Agreement Dated~July 30, 1923, an advertisement was recently run in the local newspapers and on our Clarington Website seeking applications from qualified interested parties to fill three (3) Council appointed positions on the Newcastle Village Community Hall Board for atwo-year term. To be considered for appointment, applicants must be citizens of the Village of Newcastle. In response to the ad, the following individuals have submitted their applications: Peter de Jong Sierd De Jong Linda Franssen Additionally, we had Dave Patterson's application on file for this Board and staff has confirmed that Mr. Patterson is still interested in being considered for appointment. The applications have been circulated confidentially under separate cover. Attachments: 1. Applications (distributed under separate cover) INTERESTED PARTIES: Gabrielle Bell Linda Franssen Peter de Jong Sierd De Jong Dave Patterson 13-32 Clarington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2011 Resolution#: By-law#: Report: COD-001-11 File#: Subject: C2010-116, CO-OPERATIVE TENDER ASPHALT REGISTRY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report COD-001-11 be received; 2. THAT Miller Paving Limited, with a total bid price of $14,103.94 (net of H.S.T. Rebate), being the lowest responsible bidder for delivery of hot mix, meeting all terms, conditions and specifications of Tender C2010-116, be awarded the Asphalt Hot Mix Registry for the Municipality of Clarington's requirements; 3. THAT, Innovative Surface Solutions, with a total bid price of $182,369.18 (net of H.S.T. Rebate), being the lowest responsible bidder for delivery of high performance cold mix, meeting all terms, conditions and specifications of Tender C2010-116, be awarded the Asphalt High Performance Cold Mix Registry for the Municipality of Clarington's requirements; 4. THAT the funds in the amount of $14,103.94 expended for hot mix be drawn from the Department of Operations, 2011 current budget various operating accounts; 5. THAT the funds in the amount of $175,000.00 expended for high performance cold mix be drawn from the Department of Operations, 2011 Current Budget Pavement Patch account 100-36-381-10255-7112; and 6. THAT the remaining funds in the amount of $7,369.18 expended for high performance cold mix be drawn from the Department of Operations, 2011 current budget various operating accounts. 14-1 REPORT NO.: COD-001-11 Submitted by: Marie Marano, H.B.Sc., C.M.O Director of Corporate Services PAGE 2 Reviewed by:~._..~ Franklin Wu, Chief Administrative Officer MM\JDB\bh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 14-2 REPORT NO.: COD-001-11 1.0 BACKGROUND AND COMMENT PAGE 3 1.1 A tender for the supply and delivery of Hot Mix Asphalt, Cold Mix Asphalt and High Performance Cold Mix was issued on a Co-operative basis with the Municipality of Clarington, City of Oshawa, City of Pickering, Town of Ajax, Town of Whitby, Township of Scugog and the Region of Durham participating. The host agency for the tender call was the City of Oshawa. The intent of the tender was to set-up a registry of vendors to allow the co- operative agencies to obtain asphalt products on an as required basis from the vendor providing the best price. The Municipality of Clarington has requirements for hot mix and high performance cold mix. 1.2 The tender was publicly advertised and called for bids on the basis of an Asphalt Registry -Hot Mix Asphalt, Cold Mix Asphalt and High Performance Cold Mix as required by the co-operative agencies. 1.3 The contract resulting from this tender will cover the supply and delivery of various asphalt products on an as required basis for a one year term. 2.0 ANALYSIS 2.1 A total of three (3) submissions were received in response to the tender call. All submissions were deemed compliant. 2.2 A summary of bids received for the Municipality of Clarington requirements is attached and marked as Schedule "A". The tabulation lists the total bid amounts for the contract and provides an estimated value of the contract based on historical product consumption. 14-3 REPORT NO.: COD-001-11 PAGE 4 2.3 The recommendation is to award the contract as follows: • Miller Paving Limited, with a total bid price of $14,103.94 (net of H.S.T. Rebate), being the lowest responsible bidder for delivery of hot mix, be awarded the Asphalt Hot Mix; and • Innovative Surface Solutions, with a total bid price of $182,369.18 (net of H.S.T. Rebate), being the lowest responsible bidder for delivery of high performance cold mix, be awarded the Asphalt High Performance Cold Mix. 3.0 FINANCIAL 3.1 The Municipality of Clarington estimated requirements for hot mix asphalt is $14,103.94 and high performance cold mix is $182,369.18. 3.2 The required funds for hot mix will be drawn from the Department of Operations, 2011 current budget various operating accounts. 3.3 The required funds for high performance cold mix will be drawn from the Department of Operations, 2011 Current Budget Pavement Patch account 100- 36-381-10255-7112 and 2011 current budget various operating accounts. 3.4 Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. 3.5 The Director of Finance has reviewed the funding requirements and concurs with the recommendation. 14-4 REPORT NO.: COD-001-11 PAGE 5 4.0 CONCLUSION 4.1 After further review and analysis of the bids by Purchasing, the Durham Purchasing Co-operative and Operations Department, it is respectfully recommended that the Municipality of Clarington requirements for Hot Mix Asphalt and High Performance Cold Mix be awarded as identified in the recommendations of this report. 5.0 INPUT FROM OTHER SOURCES 5.1 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Director of Operations Attachments: Attachment 1 -Schedule "A", Bid Summary 14-5 t0 W Q a !" 1 O V cc T Q ~ ~ d V) V L V • ~ N MM W H ~ ~ o c ~ ~ M V ~ N ~ ~ EA ~ ~ ~ ~ as = ' c Z c O ~.,. > ~ o o ~ ~i .~ ~ o ~° ~ =cna~ a N ~ ~ r ~ O ~ M ~ ~ ~ ~ ~ ~ ~ Z ~ ~ ~ ~ ~ .; L Q ~ ~ apO _ , a = ~ a o -o U ~ I- ~ ~ ~ ~ ~ ~ ~ M o o ~ ~ ~ Z ~ ~ _ t d -a e a _ , L ~ = Q d ~_ ..~ ~ ~ ++ . ~ ~ ~ ~ _ ~ ~ M - ~ r a ~ ~ •~ L L_ •~ • ~ = V N~ C G ~ LL X ~_ U a~ U C (0 X ~ O ~ O 2 a O M t ~ q- ~ L a J = t • = Q 14-6 G'Ia1'lll~'t011 REPORT CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: January 10, 2011 Resolution#: By-law#: N/A Report: COD-002-11 File#: N/A Subject: Council Comprehensive Compensation By-law for the Term of Council 2011 to 2014; Confirming 1/3 Tax Free Allowance, and Updating the General Provisions RECOMMENDATIONS: It is respectfully recommended that Council approves the following: THAT Report COD-002-11 be received; 2. THAT Council approve the update to the general provision of the Comprehensive Compensation By-law as set out in attachment #1, and to confirm the continued application of the one-third tax free allowance as provided for in the Municipal Act; and 3. THAT By-law 2007-097 be repealed. Submitted by: Ma ' Marano, H.B.Sc., AMCT, Director of Corporate Services/ Human Resources MM/gj Reviewed by: . ~~ r---ZZ.u-~-~ . C'v~c.. ~~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 14-7 REPORT NO.: COD-002-11 ........PAGE 2 BACKGROUND AND COMMENT 1.0 Comprehensive Compensation for Council 1.1 As a matter of continuing practice and ongoing business By-law 2007-097 was approved on April 20, 2007, to consolidate the general provisions of compensation applicable to the Members of Council, (copy of By-law 2007-097 included as attachment #2). 1.2 The Municipal Act, Section 283'(7) requires that Council review the by-law at least once during the four year period to continue with the historical provision the one=third tax free portion of remuneration paid to elected Council Members. The attached revised By-law provides for confirmation of this allowance and updates other provisions of the by-law for clarity and compliance with governing policies or practice. 1.3 The terms set out and updated in the attached by-law are the general parameters and provisions for compensation matters. The actual remuneration is provided for in a separate by-law which amended from time to time to reflect the actual values payable, (By-law 2008-020 attachment #3). 2.0 Annual Remuneration and Travel Allowance 2.1 The 2011 remuneration and travel allowance payable to Council Members is set out in By-law #2008-020; approved January 2008. That By-law is in effect and not the subject of review. The update to the remuneration and travel allowance will follow the normal timeframe applicable to the Non-Affiliated Group, (which follows the term of the CUPE collective agreement) in accordance with the provisions set out in the above governing Comprehensive Compensation By-law. Attachment #1 - By-Law to Update Prevailing Comprehensive Compensation Attachment #2 - By-Law 2007-.097 Comprehensive Compensation for Council Attachment #3 - By-Law 2008-020 Annual Remuneration and Travel Allowance 14-8 ATTACHMENT #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW # 2011 - 000 Being a by-law to update the prevailing compensation policies applicable to the Mayor and Members of Council, and to repeal by-law# 2007-097. WHEREAS Section 283-1 of the Municipal Act 2001 provides that a municipality may pass by laws for paying remuneration to the Members of Council; WHEREAS On March 19, 2007 the Council of the Municipality of Clarington ratified report ADM-002-b7 Mayors Compensation Review-2007, authoring staff to bring forward a comprehensive by-law to consolidate the compensation practices for the Mayor and Members of Council, which was set out in By-Law 2007-097 and. now . requires updating for compliance; NOW THEREFORE BE IT ENACTED AS FOLLOWS: A. ANNUAL REMUNERATION Mayor and Council -Amount as set out in prevailing by-laws for particular year in accordance with the following: Provisions: 1. Future increase to annual remuneration will be ttie percent applicable to the Non-Affiliated Employees salary for the same period of time, applied on January 1 ~ of the applicable year, or as otherwise stated: 2. There is no additional compensation applicable to any prevailing Deputy ' Mayor position. 2. Councillor remuneration is set at 40% of the Mayor's salary. 3. Remuneration continues at the end of the term of Council until the end of the month prior to the inaugural meeting of the incoming Council. 4. Regional remuneration- Clarington Couhcil endorsed single stream payment of the Regional portion of compensation through the local level by approval of Report COD-65-04. The Region approved single stream payment by By-Law 01-2005 and 08- 2004, and is considered the Employer for Region compensation purposes. B: 1/3 TAX FREE DECLARATION • B.1. In each term Council is required by the Municipal Act S283 (7) to confirm its intention to retain the 1/3 tax free allowance as provided for in the Municipal Act; Council hereby'confirms 1/3 tax free allowance applied to the local level remuneration for"the prevailing term from December 2010 to December 2014. 6.2. The tax free portion of remuneration is currently exempt from reporting requirements under the Public Sector Salary Disclosure Act, and remuneration. will continue to be reported as required under the prevailing Act. B.3. Council maintains the commitment to adjust future compensation to maintain an equivalent net compensation value should the Municipal Act be amended or repealed and replaced with provisions that in effect prohibit an income tax free allowance. Compensation will be automatically adjusted to maintain the same net compensation level. C. TRAVEL ALLOWANCE ~ REIMBURSEMENT GUIDELINES C.1. Monthly Flat Rate Allowance Mayor, Deputy Mayor, Councillor - as set out in prevailing by-laws for particular year in accordance with the following: Provisions: 1. Monthly flat rate allowance will be paid to compensate for travel related to Municipal business within Municipal boundaries.. 2. Allowance shall be paid through payroll with statutory deductions applied. 3. The allowance shall be paid on an automatic basis unless any Member of Council elects not to be reimbursed and provides written notice to Payroll of the effective date of cancellation. 4. Future increases will be the percent applicable to the general non- affiliated grid increase, applied to the total monthly allowance, in each 14-9 year, unless Council amends otherwise. Increase will be applied at the date of the change to the employee grid. 5. If any travel is reimbursed for travel outside of the Municipal boundaries over and above the monthly allowance, it will be at the prevailing employee kilometre rate, in accordance with the guidelines below. C.2. Travel & Exoense Reimbursement Guidelines C.2.'I Municipal Business Municipal business will be considered to include the following: i. Travel to and from any meetings of Boards Commissions or Authorities or other groups to which Council members are appointed or delegated provided they are held outside the municipal boundaries and travel expenses are not paid by the aforementioned agencies; ii. Travel to and from any event sponsored by the Corporation towards the promotion of the Municipality where Council attendance is required or requested outside the Municipality; iii. Accommodation, meals, kilometre reimbursement for travel outside of municipal boundaries, parking, registration and other miscellaneous charges related to municipal business which may include among other things attendance at any seminar, conference; events or convention approved by Council and attended as a .Council representative or as provided for through the cun'ent budget allocation; Travelling to and from the Municipal Administrative Centre will NOT be considered to be Municipal business in the following instances: a) Attendance at all General Purpose and Administration Committee meetings and Council meetings. b) Meetings with Town Staff. c) Picking up of agendas. d) Constituent meetings. C.2.2 Expense Claims and Aoorovals v. All claims for payment shall be documented using the prevailing expense claim sheet and where possible supported with receipts. vi. Mavor. Expense claims for reimbursement of expenses by the Mayor shall be submitted as soon as possible afterthe month end and approved for payment by the Chief Administrative Officer or in the alternative, by the Director of Finance. vii. Members of Council: all expense claims for reimbursement of . expenses for Members of Council shall be submitted as soon as possible after month end to the Mayor for approval. In the absence of the Mayor, the Chief Administrative Officer, or in the alternative, the Director of Finance shall approve the expense claims for payment. C.2.3 Annual Reoort to Council All expense claims and compensation, severance, etc., shall be categorized aid included in the annual remuneration report to Council in accordance with. the prevailing Municipal Act requirements. C.2.4 Saecial Events Expenses There are occasions throughout the year where the Corporation may host special events to promote the Municipality. The following guidelines apply • to such events: i Payment of expenses as it relates to the hosting of government officials industrial prospects or other groups visiting the Municipality of Clarington or the hosting of receptions for same within the Municipality will require the submission of an expense claim indicating the number of people hosted and the date as well as the specific amount of expenditure. Such claims must be supported by the applicable 1410 receipts or documentation. All claims for payment or expenses related to special events shall be . submitted as soon as possible after the month end to the Mayor for approval. In the absence of the Mayor the Chief Administrative Officer or, in the altemative, the Director of Finance shall approve-the claims for payment D. BENEFITS PROVIDED FOR CURRENT SITTING MEMBERS General Application 1. Family or Single Coverage Z. Any member may choose not to receive any benefit by advising Payroll in writing. 3. All benefits are limited to provisions set out by the prevailing carrier. 4. All benefits cease at age 65 unless expressly identified even if the member is currently on Council. D.1 Health & Dental Generally, as applicable to Non-Affiliated Employees for Health, Dental and Travel Benefits, excluding any self funded provisions. D.2 Life Insurance and Accidental Death & Dismemberment fADD1 Prevailing policy generally as applicable to Non-Affiliated Employees; Reduced at age 65 to 50%, and at age 70 to $25,000 or amount set out in prevailing carrier plan. D.3 OMERS 1. Mandatory participation and individual contribution as set out by OMERS. 2. _ Per ADM-03-02, an "OMERS equivalent° Retirement Pension contribution of 7.5% of the portion of the current remuneration that is not eligible for OMERS contribution is established for all Members of Council effective January 1, 2002. 3. All OMERS deductions stop at age 69 in accordance with OMERS criteria. D.4 Sick Leave Benefits Short Term or Long.Temt Disability (LTD) benefits are not provided to Members of Council D.5 Other Communication toolssuCh as cell phones or blackberries are as provided for in the annual operating budget. Usage of such equipment is governed by prevailing corporate policies. E: TUITION ASSISTANCE 8 MEMBERSHIP FEES POLICY In accordance with Report ADMIN.16-2000, the following policy applies unless otherwise specifically approved by Council resolution: The Municipality will not pay for any educational courses to any Member of Council, including any membership fee of any professional association. The only exception is orientation seminars offered to new Members of Council by the Ministry of Municipal Affairs and Housing. F. CREDIT CARDS The Mayor is provided with a credit card for the purpose of Municipal business expenses,.as noted in report ADMIN 9-94. Statements are submitted to the CAO for processing of payment, or ih the altemative, to the Director of Finance for processing of payments. G. SEVERANCE Payment of severance remuneration to current and future members of Council is upon the following terms and conditions: G.1 Definitions: a) "annual remuneration° of.the membec means the annual amount of remuneration paid to the member for the discharge of all duties as a member of Council including both the tax exempt and taxable portions calculated as at the date of 14-11 severance; b) "member" means any person who is or becomes a member of Council on or after the 19th day of January 2004; c) "service" shall mean any period of continuous service as a member and shall include any member's period of service occurring prior to the 19"' day of January 2004 d) Retroactivity -there is no severance applied to years of broken service. G.2.1 Eli ibili : Upon application by the member or his or her personal representative a member is entitled to receive severance remuneration upon ceasing to be a member by reason of: a) election defeat; b) resignation; c) leaving office; or d) .dying while in office if the member is 65 years of age or over and not eligible to receive benefits under the Municipality's group life insurance program. G.2.2 Ineligibility: No member shall. be entitled to receive severance remuneration who ceases to be a member by reason of or by resignation which is a result of or' given in anticipation of: a) • removal from office by judicial process; or b) disqualification under or operation of any Act of the Parliament of Canada or the Legislature of the Province of Ontario G.3 Remuneration: Severance remuneration shall be equal to one-twelfth (1/12) the annual remuneration of the member times the number of years service of the member pro-rated for part years of service to a maximum amount payable of eighteen (18) months remuneration. G.4 Pavment: Payment of severance amount maybe split and paid over a maximum of 3 years; and is subject to all applicable statutory deductions. G.5 Claim: A written request for severance remuneration must be received by the Municipal Clerk within six (6) calendar months of a member ceasing to be a member otherwise any entitlement to severance remuneration shall be forteited. REPEAL BY-LAWS The following By-Law is hereby repealed; #2007-097. EFFECTIVE DATE: This By law shall come into force on the date of passage. By-law read a first and second time this XX day of January, 2011 By-law read a third time and finally.passed this XX day of January, 2011 Adrian Foster, Mayor Patti L. Barrie Municipal Clerk 14-12 ATTACHMENT #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW # 2007 - 097 Being a by-law to set out the prevailing comprehensive compensation including benefits and policies applicable to the Mayor and Members of Coundl, and to repeal by-laws 2005-155, 2004-264, 2004-263, 2004-033, 2004-032, 2003-179, 2002-017, 2001-124 and 94-54 WHEREAS Section 283-1 of the Municipal Act 2001 provides that a municipality may pass by laws for paying remuneration to the Members of Coundl; WHEREAS On March 19, 2007 the Council of the Municipality of Clarington ratified report ADM-002-07 Mayors Compensation Review-2007, authorizing staff to bring forward a comprehensive by-law to consolidate the compensation practices for the Mayor and Members of Council; NOW THEREFORE BE IT ENACTED AS FOLLOWS: A. ANNUAL REMUNERATION 2007 Mayor $ 71,460 Councillor $ 28,584 Provisions: 1. Future increase to annual remuneration will be the percent applicable to the Non-Affiliated Employees salary for the same period of time, applied ~on January 1 ~` of the applicable year, or as. othervvise stated. 2. There is no additional compensation applicable to any prevailing Deputy Mayor position. 2. Coundllor remuneration is set at 40% of the Mayor's salary. 3. Remuneration continues at the end of the term of Council until the end of the month prior to the inaugural meeting of the incoming Council. 4. Regional remuneration - Clarington Council endorsed single stream payment of the Regional portion of compensation through the local level by approval of Report COD-65-04. The Region approved single stream payment by By-Law 01-2005 and 08- 2004, and is considered the Employer for Region compensation purposes. B. 1/3 TAX FREE DECLARATION B.1. Council is required by the Munidpal Act, in each term, to confirm its intention to retain the 113 tax free allowance as provided for in the Municpal Act; Council hereby confirms 113 tax free allowance applied to the local level remuneration for the prevailing term from December 2006 to December 2010. 6.2. The tax free portion of remuneration is currently exempt from reporting requirements under the Public Sector Salary Disdosure Ad, and remuneration will continue to be reported as required under the prevailing Ad. 6.3. Council maintains the commitment to adjust future compensation to maintain an equivalent net compensation value should the Munidpal Act be amended or repealed and replaced with provisions that in effect prohibit an income tax free allowance. Compensation will be automatically adjusted to maintain the same net compensation level. C. TRAVEL ALLOWANCE & REIMBURSEMENT GUIDELINES C.1. Monthly Flat Rate Allowance 2007 Mayor $850.00 Deputy Mayor $ 823.00 Councillor $ 564.00 Provisions: 1. Monthly flat rate allowance will be paid to compensate for travel related to Municipal business within Municipal boundaries. 2. Allowance shall be paid through payroll.with statutory deductions applied. 3. The allowance shall be paid on an automatic basis unless any Member of Council elects not to be reimbursed and provides written notice to Payroll of the effective date of cancellation. 14-13 Future increases will be the percent applicable to the general non- affiliated grid increase, applied to the total monthly allowance, in each year that an increase is applied to the employee km rate, unless Council amends otherwise. increase will be applied at the date of the change to the employee km rate. If any travel is reimbursed for travel outside of the Municipal boundaries over and above the monthly allowance, it will be at the prevailing employee kilometre rate, in accordance wi#h the guidelines below. C.2. Travel & Expense Reimb__ursement Guidelines C.2.1 Municipal Business Municipal business will be considered to include the following: i. Travel to and from any meetings of Boards Commissions or Authorities or other groups to which Council members are appointed or delegated provided they are held outside the municipal boundaries and travel expenses are not paid by the aforementioned agencies; ' ii. Travel to and from any event sponsored by the Corporation towards the promotion of the Municipality where Council attendance is required or requested outside the Municipality; ' iii. Accommodation, meals, kilometre reimbursement for travel outside of municipal boundaries, parking, registration and other miscellaneous charges related to municipal business which may include among other things attendance at any seminar, conference or convention approved by Council or as provided for through the current budget allocation; Travelling to and from the Municipal Administrative Centre will NOT be considered to be Municipal business in the folowing instances a) Attendance at all General Purpose and Administration Committee meetings and Council meetings. b) Meetings with Town Staff. c} Picking up of agendas. d) Constituent meetings. C.2.2 t=xoense Claims and Aoprovals v. All claims for payment shall be documented using the prevailing expense claim sheet and where possible supported with receipts. vl. Mavor: Expense claims for reimbursement of expenses by the Mayor shall be submitted as soon as possible after the month end and approved for payment by the Chief Administrative Officer or in the altemative, by the Director of Finance. vii: Members of Council: all expense claims for reimbursement of expenses for Members of Council shall be submitted as soon as possible after month end to the Mayor for approval. In the absence of the Mayor, the Chief Administrative Officer, or in the altemative, the Director of Finance shall approve the expense claims for payment. C.2.3 Annual Report to Council All expense Gaims shall be categorized and inGuded in the annual remuneration report to Council in accordance with the prevailing Municpal Act requirements. 14-1 C.2.4 Special Events Expenses There are occasions throughout the year where the Corporation may host special events to promote the Municipality. The following guidelines apply to such events: i Payment of expenses as it relates to the hosting of government officals industrial prospects or ocher groups visiting the Municipality of Clarington or the hosting of receptions for same within the Municpality will require the submission of an expense claim Indicating the number of people hosted and the date as well as the specific amount of expenditure. Such claims must be supported by the applicable receipts or documentation. All claims for payment or expenses related to special events shalt be submitted as soon as possible after the month end to the Mayor for approval. In the absence of the Mayor the Chief Administrative Officer or, in the alternative, the Director of Finance shall approve the claims for payment D. BENEFITS PROVIDED D.1 Health & Dental As applicable to Non-Affiliated Employees for Health, Dental and Travel Benefits D.2 Life Insurance and Accidental Death & Dismemberment fADD) Prevailing policy generally as applicable to Non-Affiliated Employees; Reduced at age 65 to 50%, and at age 70 to $25,000 D.3 Survivor Benefit Health and Life Benefits continue for the earliest of a maximum of 10 years after death or until spouse. reaches age 65, remarries or ceases to qualify, or becomes eligible for coverage under any other Group Policy. D.4 OMERS 1. Mandatory Participation and Individual Contribution as set out by OMERS 2. Per ADM-03-02, an "OMERS equivalent" Retirement Pension centribution of 7.5% of the portion of the current remuneration that is not eligible for OMERS contribution is established for all Members of Council effective January 1, 2002. D.5 Sick Leave Benefits Short Term or Long Term Disability {LTD) benefits are not provided to Members of Council. D.6 Other Communication tools, cell phones, conferences, etc are as provided for in the annual operating budget. D.7 Termination of Benefits All Benefits terminate age 75 E. TUITION ASSISTANCE 8 MEMBERSHIP FEES POLICY In accordance with Report ADMIN.16-2000, the following policy applies unless otherwise specifically approved by Councl resolution: The Municpa[ity will not pay for any educational courses to any Member of Council, including any membership fee of any professional association. The only exception is orientation seminars offered to new Members of Council by the Ministry of Municipal Affairs and Housing. F. CREDIT CARDS The Mayor is provided with a credit card for the purpose of Municipal business expenses, as noted in report ADMIN g-94. Statements are submitted to the CAO for processing of payment, or in the alternative, to the Director of Finance for processing of payments. 14-15 G. SEVERANCE Payment of severance remuneration to current and future members of Council is upon the following terms and conditions: G.1 Definitions: a) "a annual remuneration" of the member means the annual amount of remuneration paid to the member for the discharge of all duties as a member of Council including both the tax exempt and taxable portions calculated as at the date of severance; b} °member" means any person who is or becomes a member of Council on or after the 19th day of January 2004; c) °service" shall mean any period of continuous service as a member and shall include any member's period of service occurring prior to the 19~' day of January 2004 d) Retroactivity -there is no severance applied to years of broken service. G.2.1 EI' ibili Upon application by the member ar his or her personal representative a member is entitled to receive severance remuneration upon ceasing to be a member by reason of: a} election defeat; b) resignation; c) leaving office; or d) dying while in office if the member is 65 years of age or over and not eligible to receive benefits under the Municipality's group life insurance Program. G.2.2 Ineligibility: No member shall be entitled to receive severance remuneration who ceases to be a member by reason of or by resignation which is a result of or given in anticipation of: a) removal from office by judicial process; or b) disqualification under or operation of any Act of the Parliament of Canada or the Legislature of the Province of Ontario G.3 Forego Eligibility Any member who wishes to forego their eligibility for severance remuneration may do so by providing written notice to the Municipal Clerk within thirty (30) days of the passage of this amending by law or within thirty (30) days of taking office. G.4 Remuneration: Severance remuneration shall be equal to one-twelfth (1112) the annual remuneration of the member times the number of years service of the member pro-rated for part years of service to a maximum amount payable of twelve (18} months remuneration; G.5 Claim: A written application for severance remuneration must be received by the Municipal Clerk within six 6 calendar months of a member ceasing to be a member otherwise any entitlement to severance remuneration shall be forfeited. G.6 Mirror Region Policy The policy for severance will continue to mirror the policy for the Region of Durham to automatically reflect increases or positive amendments. 4-1 REPEAL BY-LAWS The following By-Laws are hereby repeats; #2005-155, 2004- 264, 2004-263, 2004-033, 2004-032, 2003-179; 2002-017, . 2001-124 and 94-54 .EFFECTIVE DATE: This By law shall come into force on the date of passage. By-law read a first and second time this 30"' day of April, 2007 By-law read a third time-and finally passed this 30"' day of April, 2007 ('. ._ '' _ ~~ / ~ .~litn. emethy. Mayer ( P ' , MunicipahCtr~k 14-17 ATTACHMENT #3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008-020 Being a By-law respecting the annual remuneration and travel allowances paid to the Mayor and Members of Council for the term 2008 - 2011. WHEREAS By-law 2007-97 provides that rates of remuneration for the Mayor and Members of Council change according to rates applicable to non-affiliated. employees. NOW THEREFORE BE IT ENACTED THAT THE FOLLOWING RATES APPLY: COUNCIL REMUNERATION COI~ENSATION TRAVEL ALLOWANCE Year Mayor Council ~ Mayor Deputy Councillor I Mayor 2007 Current $71,460 $28,584 $850 $823 -$564 2008 $73,782 $29,513 3.25 $g7g $850 $582 2009 $75,996 $30,398 3.OOir $904 $875 $600 2010 $78,276 $31,310 3.00 $931 $902 $618 2011 $80,820 $32,328 3.25$ $961 $931. $638 By-law read a first and second time this 28"' day of January, 2008. By-law read a third time and finally passed this 28`h day of January, 2008. • Ab ~:AAayo _'_ __ ~-; _; Muf*ilsipal C}erk . 14-1 CIaC111~011 REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: JAN 10, 2011 Resolution#: By-law#: Report#: FND-001-11 File#: Subject: 2010 Accrual Based Budget for PSAB per Ont Reg 284/09 RECOMMENDATIONS: It is respectfully recommended that the General .Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-001-11 be received; and 2. THAT Report FND-001-11 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001. Submitted by: NT/hjl ., .~ ~ ;~ ~ ~ ;L '.~' Reviewed by: Nancy Tay r, .B ., C.A. Director o Finance/ Treasurer ~~ ~~ ~~, Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 15-1 REPORT NO.: FND-001-11 PAGE 2 BACKGROUND: 1.0 In June 2006, the Public Sector Accounting Board (PSAB) of the Canadian Institute of Chartered Accountants (CICA) approved revisions to Section PS 3150 of the Public Sector Accounting Handbook for the accounting of tangible capital assets (TCA) for local governments. Section 294.1 of the Municipal Act, 2001, requires that municipalities prepare financial statements in accordance with PSAB. 1.1 Effective for the 2009 financial statements, local governments were required to record an inventory of all tangible capital assets as assets in their financial statements and amortize the cost of the asset over its useful life. 1.2 The Municipality's 2009 PSAB compliant financial statements were approved by Council on September 20, 2010, with the Auditor's Report dated August 30, 2010. ADDITIONAL REPORTING REQUIREMENTS FOR MUNICIPAL BUDGETS: 2.0 Municipal budgets are prepared on a cash basis rather than an accrual basis. The purpose of the budget is to determine the amount of taxation required from the tax base to provide municipal services. The budgets do not include items like amortization of fixed assets because this is not a cash requirement and if included, would increase the tax levy. 2.1 However, the PSAB Handbook requires that budget numbers in the financial statements should be presented in the financial statements on the same basis as the actual results, for comparability purposes. As a result, the Province passed Ontario Regulation 284/09 to provide direction on expenses to be excluded from the tax based budget and reporting requirements so Council is aware of which expenses are not included in the tax based budget. 2.2 ~ Transitional reporting requirements are included for the 2010 year and directions for the 2011 and subsequent years. For 2010, this report is required 60 days after receiving its audited statements for 2009. Due to the timing of receipt of the audited statements and election timing, this report is now being brought forward. For 2011, the reporting will be done in conjunction with the budget process. IMPACT OF EXCLUDED EXPENSES FOR THE 2010 APPROVED BUDGET: 3.0 Accrual based expenses that were excluded from the 2010 tax based budget include amortization and post-employment benefits. Other items to transfer to a PSAB based budget include tangible capital asset acquisitions, and accounting treatment of debt principal payments. 15-2 REPORT NO.: FND-001-11 PAGE 3 3.1 There is no financial impact of these PSAB additions or reductions since the tax based budget approves necessary funds to provide municipal services for 2010. 3.2 However, the estimated change to the accumulated surplus at the end of 2010 resulting from the above items is as follows: PSAB Additions to the 2010 Budget Tangible Capital Asset Amortization Post Employment Benefit Estimate Accrued Interest Expense Total PSAB Additions PSAB Reductions to the 2010 Budget TCA Acquisitions Debt Principal Payments Total PSAB Reductions (Increase)Decrease in Accumulated Surplus CONCLUSION AND RECOMMENDATION: $15,015,180 $ 498,987 $ 431,558 $15,945,725 ($14,591,282) ($ 2,813,121) ($17,404,403) ($ 1,458,678) 4.0 The regulation requires that the Council adopt a report containing information pertaining to excluded expenses as identified above. This report satisfies the requirement of Ontario Regulation 284/09. 15-3 H A N D O U TS /CIRCULATION S Monday, January 10 , 2011 Publl* c Meeti* ng on 0 Planni* ng App lications Clarington Planning Services Department Application by Headgate Group Inc . Applications to amend the Clarington Official Plan and Zoning By-law and a proposed Draft Plan of Subdivision to permit 18 single detached residential units Clarington Planning Services Department N GEQRGCE kEYNOLDS DFr tZ j Other Lands Owned f` --- " -PIZ By Applicant =_ Ilk' — r Olt r w Area Of Proposed f oDraft an Of Subdivision - -t I >- x BRQOM&AV a 3 t . F�wr 1NIL CT TAB AV J 'y 11 M NASH Roan � NASH ROAD l HASH_RO , cc �. LI 1r Property Location Map(Courtice) GEORGE REYNOLDS DR - - - of �V R_ Uu Subject — — O �ppy:PE. pQ E Site U � Z Q aRa NAL RT H-P Gr TABB ROAD 10 0Q 2 9 �Y 3 8 14 W fg � 7 15 [Y fi 6 C] 5 17 4 18 3 19 2 20 Cr 1 21 ®Future Development Q BROOME AV a Phase 1 ZBA 2009-0021 Zoning By-law Amendment AILl CT TABBAV COPA 2009-0005 Clarington Official Plan Ammendment SC 2009-0001 Draft Plan of S ubdivision N NASH ROAR Owner: Headgate Group Inc Hancock Neighbourhood Hancock Neighbourhood tee, Design Plan approved in ■ �_ 1998 w a �onrnl IAR� M xs Developments approved in y 1999 by OMB n,. New wetland mapping identifies additional PSWs in 1999 Design Plan requires review and revisions o � s Status of Application ■ Outstanding agency comments Review of supporting documentation Revisions required to Hancock Neighbourhood Design Plan Clarington Planning Services Department Conclusion & Recommendations MM. ■ Staff recommend that the applications continue to be processed in the context of the update to the Hancock Neighbourhood Design Plan and that all outstanding issues be resolved prior to reporting back to GPA Clarington Planning Services Department Hancock Neigh bou rhood - Head ate —phase 2 Re# PSD-112-06 - Planning & CLOCA agreed that it would be appropriate to Review this N. — why? Attachment"! To Report PSD-I 12-06 V V e t I a n d S GE06�E EMU IX Q TTED _ . ET sprawl a Park, School, Q Roads I Based on drainage (imaginary line) A 's� Loop services to benefit to a Headgate,... (taxes) i _ ry '� _ No setback PARAWM Sr[RAM1YaY.rA MANAC+EMFNT ia5+a � ' 35 U 41 U _T!,,ae U TAEIAU = � Not clear 18 or 21? - aK o o rHANCOCKNElGHBOURHOO1J DESIGN PLAN d 3200 Hancock Road.Courhice,Ontario-Ooogle Maps Page 2 of 4 Resident blarney development . ....I aAa For well running bone dry Far�7.C�.+tce rtartlonrF.dbhq �t*rd'a iac➢1 wa hvne�*.Shc dldnh evse ..e®fit War�nn,;w tFk w4[etmtmhi® V�, i ,'� .. sa Lowc m.r/ot�di�hvr, — - ' 7V pm 4�+'•�t ii jfrr stopped Yak S.RU:�'[have Sop at wider m ttm w�4°.=aod ht,L�ae- YWh s eW�.�Ith I�r hudaat�,e�via tttmcY x�ad emah of faveb a6aea.�srf arie 7�. �.-mac appeales! dre ira>ps a.....•„—.. - �. ��srvasdtactixwl onnite wdl.Fhamxtin =y+Fref¢�71n a msrxa cf hints Nemm Iwe_ I ,!- . 1. ;t ' aer•.a,m,nt�m n.,�.a.,��taa a.w f.,an- �1`" �n�.rrar,�mcr,��+tpart•ciaa- ' ��ert+�oa�y>Mnrtraad,�,� a• .;,,� ta>a.mL rter'.wnm�wons m laata.,e�. ! I � � •' d tsmplednn.L1ne.Planned s,.6ar++�m r ,,,�;3{� C b .a[F bel�9}ks I[e. Inmtc . /• ,�, , Lemc-+aw hr: 7nn�r�qtr Ail I •� ,� S ,,. t Jl Irraaae a.e agincts in ere aes a�Frar. _ _ � _ 77 �L'•' Rd�- .aw®16.aaoyM a•r�'se7[y.�ala ss G•�- »st�rra�a.,...� �•' y p ,� 2'hath*SY the ite,on wltl..mv.-..-attar a ysuu•..aexy oa•. -•-Bain.a n«,....ss�weE[vseer 4aa cmaSet�abyth,nmraeri- + nand Lntneape rec taxkr i�well lmmSe cryoeaxttn—hahzrt— gars9y hre smrrghw shun m poleY ndt®d,e mlrra�L way imvat her oHcWa +mod bne z{ata�.sl,Reed.'C6eu�t We �Jnvir�wailarea lic�tlwvrdtmd ve agr. ,.ex�a m�7ratea uk^nt�eet aux T„ xd t� a s sends n muLL gloc.q �wr r tines r maven a p r Bed reae s t '�h xnicy h:anl ttr rs�ae�lc�� 'M mFinxntdlyhow rve trtjn do rvmp�mp --dwmrkom lhelrowr,p..rwpSxSr Hama han•s.a mid aHatdm do k:sarrl rr+e tichhngs bd gdnoe fr:m.?aatehnvt� d oa my pmaaara.a pr�drrrre,tht veil& Qi�.ec.tGtutx aff Frlruevin•R senip�r r Qa- d�,d.bind,d—dat—,M ttrrr dalp,- L.c'�itt I w,cll r�neeuh Ekc�;a-y:' Pr• 4�r id BSc t: '.ttr.O—K ddin:;ianstru�vicr.r+.al hgpa �t w wuncl wttw tlsts=at the [�i,areo"r msirte.x+a[ '. q^#. 1 Jic ruesz uwr W S irr tt sn.x;pctWing un me �r(..g M�l}arr..e nib Me C 6,atm. A t the Meta is Hoe lire SrYt ra thu}1wt e�aa pru �. 1 a r' Her. ;t.a•�rt dr6rdtwnr eeta—azn- .-t„� t,rhnrx�nnFgmn to to ,'"-.- , . ,•,W. a.: '.,.�I.E,..c,?d b�t6 g6m e•win. .,,fit to n ant ea.. cu`m" umu,ha� -�� � it�,asa®�a.�br.t� 1' - dbaa ara.ra thc� -- - - ,asa we�ta.tdr.ruM:nar�,eJ.�sncxrh,.�artac>ti- E,�.;�K= �q.�,A.�itirit alp- L dr-d-&-the.deeicPn ppttnred-3he Mr[3omr"_.'r§®rte lob Y'�t.4 r Ib d— br —Y dur"IM 10,—T d,,Lcpati- tt- s � I Pmm "`4+ytd"ab ds�' mdP+><r�xY•uraksalstagq]a[roltmdpl.>m s�htsnr+lhawe6aenp{anoetl."he�d- .' � " ., fe`*Tr��m slgntermn„i-i.]�.m tM1e area twada��df .s�ande(ba.eA 6 •• aCttmmd Ga t4-rdopi:x.ne- -me rtew'K�tpr1-14tH ion.corn .1�4;.owais i�dE sLl�bed,ryW �9 j. DGr1ti.CFahrst,^•taavrt L r--h Oa r$to- roam eei+- - ''.� 1 t asFnng rase W.r•;.qr.,hed'.cvt aprl�s lre. _—�-..htrece�n yra�a.—Il,,.�,-da ds �°t..ffiurrwAe�an.nmr V� '✓ra f riling;tiwere bei -dcme[rum K-h.4cm, rfs & mid {yf;ei .;4 rIENI ;&NUI N ninirr k f - I.n mw t Lhe, p.�oE . r751�. r�rtx SEul,c l3 91§200 Hydrogeology— L I lacial landform- the onl�g only groundwater recharge area to be eveloped in Durham Region) 71 xasrd�•� a Seyrol ,,�c.a Iwrin r Clay —W1 . y v n � � fw•lewi 7Y+c }� , ' # Normal Aqulfer System �.x Local Aquifer Systems +' Fr L --Xis x !a Rael Ama OP- To protect and enhance wetlands, streams, —extensive forested area, wildlife habitat, ...require Environmental Impact Study; OH or PIC; wetland functions — biol, physical, etc. Planning Act /Growth Plan — safe, healthy, sustainable pedestrian oriented communities; appropriate location of growth based on watershed planning PPS — wise management of resources; no development within the wetland or adjacent land (demo) = assumptions The only application without PIC or OH input. No review of Neighbourhood Zoning (Dart. Marina - Council recognizes) tributaries (OP) Backwater erased beds; water dispersed throughout ours and Headgate forested areas + Municipality of Claringl n-New Zoning By-Law For Cimingtm Page l of l Y 34 5 LOT 32 LOT 31 LOT 30 LOT 29 WT 28 LOT 27 R "r` 1 I V �� I A-B I z LL f A q z "E A A A ' �5 C 14t• '. EP A-8 q •z R2-4 R nx RI Rz KR4 IH1R4 EP R' A I z ti pz, f y ..7 ' IX1Ra ER RI I R2-4 cP I 1,R4 IR2.3 I [ ` IPI EP R22' I E EP' RI E R1 I A RI --�r- R, iR R4 (H)RI l PRam .—T RI I EP f RVGik-FtiR6.—-6,-D CaMR a �� Rl "•_ —_ `1-11P1 (H)R4 -_ J Mx'ft n...e Rm.ze RI l��MMrr77 ( l I�J~JFF�] a A p m• m ° .,. . RI I 1 I p....J. FP RI I Ai EP s.,.. o. R2-2 i (H}Rl s _ I i Do MNR, G Lie when depicting tributaries? PSW, ANSls; core cleared in 1991 6GHM NT Nj 3 - `� kd Xk y yb - hS1A ' l P - e � s'� � •=i et i G. il + 4 rG V f �� I rho .• ' } MASM RVA11 - 4/ - � � r y�ilt.Yrl. KELL n _F-D W »..a i r 1%.,C1 DRAFT NEIGHBOURHOOD "W9. _ DESIGN WAN- —j _ ^4 b� F Tjhjs IS SchoduW'wA*l to 13y-lnw 99- 7— , passmod • • A.D. f ` ��yya � n Y�.'f.•.+fa mc LOT 27 CONCESSION 3 1 li, ra `�.�•, A �X r . + Loa L� :l1' �t� •,x t •ytyi.•4-`L �7� lam'�*it�'r lwl p)R •�•• �Fi�� iJ( L'. p� �A�l'yT LJ1 i • �,�,,,r - �.. .�r ���'���.��'I�:�i };ail�1I1► 4`Qf1 �'�a '�, fits - �� � .•3 A �r•�i rear _.F ,. zomic OW031E FROM -e 70 L—cnti t SFr F Is chedugel"'A"' tQ By-Hew 9- 7 IF Comprehensive Zoning By-law 84-63-our lands were Passed We dad ��... � 19,99 A.D. never studied v. y �in-Esed tKil gig« day of moo, 200$A.& . STwF-r a �1y�/ 143 4 4 v v�Q 4 V V d V V V V V V V 12E V F SNLC 122 s i - 3���#T i{i° 7ppV- - p�k2 TTU 315 —152 3154 mo8 -'l yy nrrSw B- , #42 E _ 3136 8F - .3l2 - �¢ � t 4 _ 3112 70 BROOME AVE e� sr. c �T �1 yr 2 sa + 42 I 30 J P TARO AVE s °W 3044 MASH sr. •STS•OL � ��2 - -- ROAD lid intiTm To REMN `A' I Y'LSWJING 0- T FROM '.A'TO '{k)R1" Zoning T'o Remr,a n'FP' Zonkg Change rr&,W T4'f--P" M Z4h-1401 %VME FROM "A' T1) -(K)R3-41' ZOe41NC CHMQE FROM 'EP" TO `(R)Ri-41' I •'Z4br.l*c �li"E FROM 'A' TG 'R5-42' I Z<*ING #laiM FRCM €P" Td4-R1-42' I� IngTo Re r. �'. ' on Cha:rrg�Feom'�0.'Ta'(H�R256' M WNNG a4NIGE FRON 'A'TO -MR2-12" ZONIN6 aAU4W FROM "EP" TO 4(re)R2-12- Zoning Charge Fc1 'A'To'(H)R2W Z01+AQ C1`*Wh E FROM `l4' M '(I'i}R2-16 FI QM "EP" TO ZONING OW*E FROM 49 TO '(FOR2-19' ZONING CitkgRE FRCU W' To '(H)P2-1g° �- Zoning Change FrW'EP"To'(H)K2-5rV ZM*1c U+{M4'E FROM 'e TO "(H)r�--2o- Zoning Change From"EP"To"H)n-451' COUV'RCE 'WrMUO wuracr'A L W6WD d Ckr, cau x Hradgate Property Environmental Impact Statement September 12,2006 F final Report human)traffic is prevented from encroaching on natural communities scheduled for retention. Adjacent natural communities scheduled for prescrvatic 6 should not be used as short cuts for construction workers to get from one place to another,and equipment and materials should that be stockpiled in natural areas,as soil compaction can damage tree roots. Effective silt fencing is required in areas down-slope of stripped soils to prevent silk in. runoff from stripped soils(or dewatering operations)from entering wetlands,forests and waterways, in some cases,depending on the gradient of the slopes adjacent to natural areas to be retained,silt fencing will have to be hacked up by other more intensive measures such as silt control ponds,berms or cheek dams. An erosion and-sediment • t errdrol plan should be provided prior to any grading,su that silt controls can be reviewed by appropriate agencies before development takes place. EIStudy - pg. 10 encouraged lmpactsofDevelosmutrstnnforestAdjacenttoPSW to respect the integrity and The Hancock Neighourhood plan encroaches considerably on the forest surrounding the 4 psW northwest and west of the Headgate Property,as well as the portion at the northern f U end ofthe Headgate property itself This pied development within the 120 m adjacent 0 u I=ds boundary w•oudd.have high impacts as it would fragment and reduce the sire of the blocks of forest surrounding the wetland:This would result in the intrusion oftforest edge ' in what is now a relatively intact block of treed wetland. This would result in an increase of edge effects into the wetland area itself. The interior portions of forests or swamps are generally moister and more protected than forest edges. Edgi effects include both the physical effects found at forest edges,such as drying winds,direct sunlight and human encroachment(building of tree forts etc.),and ' the effbots of predators and nest parasites that frequent forest edges. Physical effects can penetrate 30 m or rnora into a wooded area,while other edge effects are most often noted at distances from 10o m to 200 m into the wooded area from the edge. Physical edge ki Ill, effects can result in drying and compact n ofsoils,with resulting decrease in sold invertebrate populations that many birds use as forage,as well as drying and warming of woodland pools and other critical habitats for amphibians and insects. The increase in d effect, " r '' nest predators and parasites leads to decreased nesting success,particularly in area- k" y`s. 1 sensitive bud species,which have been noted in these swamps. I]evcloptneart Within the i Ake -> adjacent lands boundary also has the potcntW to disrupt[drainage patterns nf the PSRt. 1 one bird species was found on the forestlswamp complex(PM on the site that is considered forest area-sensitive by the Ontario Nfiaistry of Natural Resources:.ovenbird. This area should be left undeveloped The most recent plan for the Ffartcack Neighhourbood(in Seri 2064)shows that the origin&]proposed road crossing from the southeast corner of the plan to the northwest, crossing the major portion of the PSW has been eliminated_ We fully support this change, fn addition,particular attention should be given to the two road crossings over t Aquafor Beech Ltd i5 North South E-nv ironmental 1 nc- o Headgate according to three days/3hrs. Of Headgate El Statement �,. I s � Irrl ti +' l y � V M6 _ -41 It I R� rm 150 240 �- ` - _ 9-c � imp a Q eT ! y Y 1 — A single mature tree can absorb carbon dioxide at a rate of 48 lbs/year and release enough oxygen to support 2 humans; (212 ha site can remove daily 48 lbs particulates, 9 pounds of nitrogen dioxide, . lbs sulphur dioxide, • carbon monoxide, 100 lbs of carbon -$136 per day value based upon pollution control j. A '• w 4'AY'iS U( I,i� 0 ' 111 010 Air Quality Assessment MA.NeRlarr Technical Study Report Juty 31.2009 Figure • Ontario 120 1 dlfl 3 o Uu �1a f4ukes; fnur tl-� it.r�ian 280R rn...... --ndrle.} mr dtfai.0 tlre.P mdl mn nit,or htr�1.ttimt Annttdi irnedik%fur uti toi Unte-tiv Lilir%-1kl01 a rrtlli al llkran kdktH l tlbl It Alt aLIA11ty if i Viktdlio ZOO"ktepu7k.ul%tifiv F.9lltititr5 r.•I khrFtrsit�+rutreylf Groundwater & rainwater quality sample taken at the same time dP r jr- q •.� �e+K�n r R _ z' s do y r i ' a ! �,.�. .fie .A/f s.:s=�.�°"s• ,,• .1 •:s 40 '� , • � - vow y _ , , A I P� , yy �1p •° jw So it P-A I I k,i . { ~ J 1 I : ` p , 7 ','•fit"�I ,�ilk hi Ir If g we r y r _ a _� -7Q �y YL Friends of the Famwell �� / rnare�I4osT a3�vn r-1R*07360 __,r_-�ru�v�roa r,.�___=+r ec:,r-rrr�• u_r.;�,.o:eq s�a,+ar cRr ra u��aor�r-su+aw.rxrv..m t'-- l l k t io W I Y t 1 a i!C The Aud"tkon Ccipppe raLive Sanctuary System hie re.toy ti rtNali+f, ti L t.tl I.IIle tcwl3-t d X' 411 - i nlaTNi M��mrr nl y. STAID AlNn LIBBY RACArisifiY -- -xvr.• -.e, mrw _ �'.. _ Ik:4.5 l+c�.r9 {I�•Ixgrt:ilr•s��yti.1 x9.1 r.tw[• :.roar[.Y cfnanawrar us—ns2 i M�...s�.r!C Ce[[rr8. .ir.l._n.._a.aeeen.3.m r�u.lu.�.cN:r..b.✓era. �'; C� �'r 1 IFIED AUDUBON COOPERATIVE CTURV k :rE'rJ7T r'1.FlIYl17Y7 .. + bees 6 ' + Second Marsh Libby Racansky's Presentation for GPA January 10, 2011 http://www.mediamash.ca/media/3233/Well Running Dry/