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Home My WebLink About05/09/2011 cla • Fin on Leading the Way 9t GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: May 9, 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 April 18, 2011 4-1 5. PRESENTATIONS No Presentations 6. DELEGATIONS (Draft List at Time of Publication —To be Replaced with Final 6-1 List) (a) Christine Fahey, Director of the Port Hope Area Initiative Management Office (PHAIMO), Regarding a PHAIMO Port Granby Update (b) Theresa Vanhaverbeke, Regarding Report PSD-042-11, Potential Addition to Municipal Register of Properties of Cultural Heritage Value or Interest; 37 North Street and 51 North Street (c) Dan Worrall, President, Clarington Fire Fighters Association, Local 3139, Regarding Report ESD-0006-11, Minimum Staffing Report— Response to Questions (d) Sheryl Zuly, Requesting to Use an Unopened Road Allowance as a Garden 7. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law to Facilitate a Severance 7-1 Applicant: Zlatko and Starleane Jazic Report: PSD-038-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - May 9, 2011 (b) Application to Amend the Clarington Official Plan and Zoning By-law 84-63 7-3 Applicant: Newcastle (King) Developments Inc. Report: PSD-039-11 8. PLANNING SERVICES DEPARTMENT (a) PSD-038-11 Rezoning Application to Facilitate the Severance of Two 8-1 Residential Lots Applicant: Zlatko and Starleane Jazic (b) PSD-039-11 Proposed Official Plan and Zoning By-law Amendment to 8-8 Permit the Development of a One-Storey, 2,503m2 (26,942 ft2) Grocery Store Applicant: Newcastle (King) Developments Inc. (c) PSD-040-11 Request for Extension of Draft Approval 8-36 Applicant: Prestonvale Heights Limited (d) PSD-041-11 Courtice Community Improvement— 8-41 2011 Capital Funds (e) PSD-042-11 Potential Addition to Municipal Register of Properties of 8-49 Cultural Heritage Value or Interest; 37 North Street and 51 North Street (f) PSD-043-11 Soper Creek Valley Land Acquisition 8-58 1220 Haines Road, Parts 1 — 5, Plan 40R-21674 (g) PSD-044-11 Wabbokish Court Land Acquisition 8-70 Block 43 and Block 44, Plan 40M-1742 (h) PSD-045-11 Monitoring of the Decisions of the Committee of 8-81 Adjustment for the Meeting of April 14, 2011 (i) PSD-046-11 Port Granby Project— Licensing Hearing Before the 8-90 Canadian Nuclear Safety Commission Q) PSD-047-11 Application for Removal of Holding - 1428 and 1430 8-100 Durham Highway 2, and 8 Varcoe Road, Courtice Applicant: McNaughton Hermsen Britton Clarkson Planning Limited 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-019-11 Clarington Leash Free Park 9-1 (b) EGD-020-11 Monthly Report on Building Permit Activity for April, 2011 9-11 G.P. &A. Agenda - 3 - May 9, 2011 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-005-11 Monthly Response Report —January, February, 11-1 March 2011 (b) ESD-006-11 Minimum Staffing Report— Response to Questions 11-6 12. COMMUNITY SERVICES DEPARTMENT (a) . CSD-007-11 Newcastle & District Recreation Complex — Concession 12-1 Operation (b) CSD-008-11 Community Grant Requests - Supplementary 12-4 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-011-11 Animal Services Quarterly Report— January — 13-1 March, 2011 (b) CLD-012-11 Property Standards Investigations- Richard Ward 13-9 14. CORPORATE SERVICES DEPARTMENT (a) COD-013-11 CL2011-12 High Float Resurfacing 14-1 (b) COD-014-11 CL2011-13 Supply and Haulage of Granular Material 14-7 (c) COD-016-11 Purchase of Pre-Built Pumper 14-15 (d) COD-017-11 Q2011-9 High Pressure Air Compressor for Emergency 14-23 and Fire Services 15. FINANCE DEPARTMENT (a) FND-009-11 Annual Statement for the Development Charges Reserve 15-1 Fund for the Year Ended December 31, 2010 (b) FND-010-11 Financial Update as at March 31, 2011 15-6 (c) FND-011-11 Annual Commodity Hedging Report—2010 15-15 (d) FND-012-11 Annual Leasing Report— 2010 15-18 G.P. &A. Agenda - 4 - May 9, 2011 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS 19. OTHER BUSINESS 20. COMMUNICATIONS (a) Correspondence from Kevin and Darlene Hawes in objection to the Application to Amend the Official Plan and Zoning By-law to permit a grocery store in the Newcastle Village Centre, the subject of the Public Meeting-Report PSD-039-11. (b) Correspondence from Newcastle Business Improvement Association in support of the Application to Amend the Official Plan and Zoning By-law to permit a grocery store in the Newcastle Village Centre, the subject of the Public Meeting-Report PSD-039-11. 21. CONFIDENTIAL REPORTS 22. ADJOURNMENT Clarington LrndinX!hr Way General Purpose and Administration Committee Minutes April 18, 2011 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, April 18, 2011 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 Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Clerk II, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Partner indicated that she would be declaring an interest in the proposed outdoor patio for the Royal Canadian Legion Bowmanville Branch 178. Councillor Hooper indicated that he would be declaring an interest in Report PSD-036-11, regarding the amendment to the Sign By-Law 2009-123. He also indicated that he would be declaring an interest in the proposed outdoor patio for the Royal Canadian Legion Bowmanville Branch 178. - 1 - 4-1 General Purpose and Administration Committee Minutes April 18, 2011 ANNOUNCEMENTS Councillor Traill announced that she had attended, as well as Councillor Woo, the Multiple Sclerosis (MS) Walk on Sunday, April 17, 2011. Councillor Partner announced that she had attended the Newcastle Horticultural Society Tea on Wednesday, April 13, 2011, held at the Newcastle Town Hall with Sharon McCartney from the Orono Town Hall Board. She noted Jeany Barrett, President of the Newcastle Horticulture Society advised that it was the most successful fundraiser of that type to date for the Horticultural Society, raising $1,200. She announced that there will be a plant sale on Saturday, May 7, 2011 at the Newcastle Community Hall as well as a yard sale on Saturday, May 28, 2011 to support the Horticultural Society. On Saturday, April 16, 2011, Mayor Foster and his wife joined Councillor Partner at the Orono Town Hall Spaghetti Dinner and fundraiser. She noted that all proceeds will go towards new washrooms for the Orono Town Hall. Councillor Partner also announced that the Bowmanville Rotary Club will be holding the fourth annual Bowmanville Rotary Ribfest on June 10-12, 2011. She issued a challenge to all members of Council to volunteer at the Ribfest, schedules permitting. Councillor Woo noted that Kevin Anyan, who was present in the audience, was the Master of Ceremonies at the MS Walk on Sunday, which raised over $32,000. He congratulated those that participated and donated. Councillor Woo announced that this week (April 17-23) is National Organ and Tissue Donor Week. He urged everyone to sign up to donate. On Saturday, April 16, 2011 he and Mayor Foster attended the Clarington Project Annual Gala to raise funds for the Clarington Project. Councillor Hooper announced that there will be an Easter Egg Hunt in downtown Bowmanville on Saturday, April 23, 2011 starting at 10:00 a.m. He also noted that, on Saturday, April 16, 2011, he and his wife volunteered at the Lamb Awareness Banquet hosted by the Durham Sheep Producers. Mayor Foster announced the following: • the Provincial seat belt campaign was launched on Wednesday, April 13, 2011 • this evening (Monday, April 18, 2011) at 6:30 p.m. to 8:00 p.m. in the Council Chambers, there will be a open house regarding the leash free park • on Wednesday, April 20, 2011, the Friends of the Second Marsh will be holding a fundraising dinner • the Clarington Older Adult Association will be holding their volunteer appreciation evening on Thursday, April 21, 2011 at 5:00 p.m. • on Saturday, April 30, 2011, the Orono Horticultural Society will be celebrating 90 years in existence - 2 - 4-2 General Purpose and Administration Committee Minutes April 18, 2011 MINUTES Resolution #GPA-312-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on April 4, 2011, be approved, as amended: Page 2, Paragraph 1, 4th Sentence be changed to read as follows: "Councillor Partner also announced that, on Saturday, April 2, 2011, she and Councillor Novak attended the Orono Women's Breakfast, held at the Orono United Church." CARRIED PRESENTATIONS There were no presentations. DELEGATIONS Councillor Hooper declared a pecuniary interest with respect to the delegation of R.G. Richards &Associations speaking to the Report PSD-036-11, as he owns property in downtown Bowmanville, which may be impacted by the proposed development. Councillor Hooper left the room and did not participate in discussions and voting on this matter. Mr. Juknevicius, R.G. Richards &Associates, was present regarding Report PSD-036-11, the amendment to the Sign By-Law 2009-123. He stated that his company has reviewed the Report PSD-036-11 and they agree with the recommendations. Mr. Juknevicius stated that he was present to answer any questions which Council may have. He explained that a pylon sign is a large sign with pillars, typically used at shopping centres. Councillor Hooper returned to the meeting. Councillor Novak chaired this portion of the meeting - 3 - 4-3 General Purpose and Administration Committee Minutes April 18, 2011 PUBLIC MEETING (a) Subject: Application to Amend the Zoning By-law 84-63 Applicant: 2265719 Ontario Inc. Report: PSD-034-11 Anne Taylor Scott, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Rick Bastmeyer, a local property owner, spoke in opposition to the application. Mr. Bastmeyer enquired as to the timing of the development and details regarding the fencing of the property, which will border his property. No one spoke in support of the application. Kevin Tunney was present to answer any questions on behalf of the owners of the westerly portion of the subject property. He stated that there are three owners of the property who are looking to move forward with a more sequential phasing with this proposed application. He noted that it balances the quantity of the different types of housing. Mr. Tunney stated that the tender has been awarded to begin construction in the early spring. He added that any fencing which is required will be indicated in the subdivision agreement and will be carried out by the developers. Mr. Tunney clarified that the south west quadrant will be the first phase. PLANNING SERVICES DEPARTMENT ZONING BY-LAW AMENDMENT AND SECOND MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION APPLICANT: 2265719 ONTARIO INC. Resolution #GPA-313-11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report PSD-034-11 be received; THAT the Proposed Amendment to Condition 1 of the Conditions of Draft Approval for Draft Approved Plan of Subdivision S-C-2007-0004 submitted by 2265719 Ontario Inc. be approved, as contained in Attachment 3 of Report PSD-034-11; THAT the Director of Planning Services be authorized to approve an amendment to the Draft Approved Plan; - 4 - 4-4 General Purpose and Administration Committee Minutes April 18, 2011 THAT the application to amend Comprehensive Zoning By-law 84-63 (ZBA 2011-0008) be approved and the Zoning By-law Amendment as contained in Attachment 4 of Report PSD-034-11 be passed; THAT, under the authorization of Section 34(17) of the Planning Act, the proposed Zoning By-law Amendment delete the requirement for a 4.5 metre interior side yard setback for street townhouse units where lands abut a different zone in Sections 14.6.31 and 14.6.35, and that no further notice is required; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-034-11 and Council's decision; and THAT all interested parties listed in Report PSD-034-11 and any delegations be advised of Council's decision. CARRIED REQUEST FOR EXTENSION OF DRAFT APPROVAL PART LOT 13, CONCESSION 1, FORMER TOWN OF BOWMANVILLE APPLICANT: MUNICIPALITY OF CLARINGTON Resolution #GPA-314-11 Moved by Mayor Foster, seconded by Councillor Neal THAT Report PSD-035-11 be received; THAT the request to extend the lapsing date for draft approved Plan of Subdivision S-C-2005-0005 until May 2016 be approved; THAT a copy of Report PSD-035-11 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-035-11 and any delegations be advised of Council's decision. CARRIED - 5 - 4-5 General Purpose and Administration Committee Minutes April 18, 2011 AMENDMENT TO SIGN BY-LAW 2009-123 APPLICANT: 1804603 ONTARIO INC. Councillor Hooper declared a pecuniary interest with respect to Report PSD-036-11 as he owns property in downtown Bowmanville, which may be impacted by the proposed development. Councillor Hooper left the room and did not participate in discussions and voting on this matter. Resolution #GPA-315-11 Moved by Mayor Foster, seconded by Councillor Traill THAT Report PSD-036-11 be received; THAT the application for Amendment to the Clarington Sign By-law 2009-123, submitted by R.G. Richards &Associates on behalf of 1804603 Ontario Inc., to permit a pylon sign within 6 metres of the road allowance at 680 Longworth Avenue, Bowmanville, be approved; THAT the by-law, attached to Report PSD-036-11, be executed by the Mayor and Municipal Clerk on behalf of the Municipality to amend Sign By-law 2009-123; and THAT all interested parties listed in Report PSD-036-11 and any delegations be advised of Council's decision. CARRIED Councillor Hooper returned to the meeting. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 1494339 ONTARIO LIMITED (THE FOLEY GROUP) Resolution #GPA-316-11 Moved by Mayor Foster, seconded by Councillor Woo THAT Report PSD-037-11 be received; THAT the request for removal of Part Lot Control with respect to Lots 17 and 19, in Block "A" in Plan H50077 (the "Porter and Bradshaw Plan") be approved; THAT the Part Lot Control By-law attached to Report PSD-037-11 be passed pursuant to Section 50 (7.1) of the Planning Act; - 6 - 4-6 General Purpose and Administration Committee Minutes April 18, 2011 THAT all interested parties listed in Report PSD-037-11, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision; and THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-037-11. CARRIED SERVICING OF THE HIGHWAY#2 CORRIDOR IN COURTICE Resolution #GPA-317-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Staff be directed to prepare a report on what action the Municipality of Clarington can take regarding servicing the Highway #2 corridor in Courtice. CARRIED Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2011 Resolution #GPA-318-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report EGD-018-11 be received for information. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. PITCH-IN WEEK The Director of Operations advised that 2011 Pitch-in week is April 18th to 241H Compost Day is scheduled for April 30th and will be held at Yard 42, located 178 Darlington/Clarke Townline Road. 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 April 18, 2011 Councillor Neal chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT CLARINGTON SPORTS HALL OF FAME STEERING COMMITTEE Resolution #GPA-319-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CSD-005-11 be received; THAT Council disband the Clarington Sports Hall of Fame Steering Committee; THAT Council endorse the Terms of Reference for the Clarington Sports Hall of Fame. Selection Committee; and THAT Mr. Brad Kelly and Mr. Bill Humber of the Clarington Sports Hall of Fame Steering Committee be acknowledged and thanked by the Mayor and Members of Council for their contributions to the development of the Clarington Sports Hall of Fame. CARRIED 2011 YOUTH WEEK Resolution #GPA-320-11 Moved by Councillor Partner, seconded by Councillor Traill THAT Report CSD-006-11 be received; and THAT Attachment 1 of Report CSD-006-11, proclaiming Youth Week in Clarington from May 1 - 7, 2011, be approved. CARRIED CLERK'S DEPARTMENT There were no reports to be considered under this section of the Agenda. Mayor Foster chaired this portion of the meeting. - 8 - 4-8 General Purpose and Administration Committee Minutes April 18, 2011 CORPORATE SERVICES DEPARTMENT CL2011-4, HORSEY ST. RECONSTRUCTION & CARLISLE AVENUE RECONSTRUCTION Resolution #GPA-321-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-011-11 be received; THAT Eagleson Construction, Millbrook, ON with a total bid in the amount of $1,219,641.03 (net HST rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2011-4, be awarded the contract for Horsey Street Reconstruction & Carlisle Avenue Reconstruction as required by the Engineering Department; THAT the funds for Clarington's portion required in the amount of$841,000.00 (which includes $1,198,546.61 tender, design, contract administration, contingencies and net HST costs less Region of Durham costs) be drawn from the following accounts: Horsey Street Reconstruction Account #110-32-330-83274-7401(2009&2010 Budgets) $451,000.00 Carlisle Avenue Reconstruction Account #110-32-330-83348-7401(2010&2011 Budgets) $390,000.00 Total Clarington Project Costs $841,000.00 THAT the tender award be subject to the approval of the Regional Municipality of Durham for Regional infrastructure; and THAT the Mayor and the Clerk be authorized to execute the necessary agreement. CARRIED BENEFIT PROGRAM COMPARISON Resolution #GPA-322-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Report COD-012-11 be received for information. CARRIED - 9 - 4-9 General Purpose and Administration Committee Minutes April 18, 2011 BENEFIT PROGRAM Resolution #GPA-323-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Director of Corporate Services be directed to prepare a report indicating whether moving to `Administrative Services Only' would save the Municipality money on the Municipality's benefit program. CARRIED BENEFIT PROGRAM CONSULTANT Resolution #GPA-324-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Staff be authorized to write a letter to Buffet Taylor to find out if they, or any related entity, are receiving any form of payment from any insurance carriers. CARRIED RECESS Resolution #GPA-325-11 Moved by Councillor Novak, seconded by Councillor Neal THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:26 a.m. FINANCE DEPARTMENT PRE-AUTHORIZED WEEKLY PAYMENT OF PROPERTY TAXES Resolution #GPA-326-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-007-11 be received for information. CARRIED - 10 - 4-10 General Purpose and Administration Committee Minutes April 18, 2011 CLOSED SESSION TAX ARREARS STATUS UPDATE Resolution #GPA-327-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a specific tax account which was last reported in arrears, a matter that deals with both of the following issues: • personal matters about an identifiable individual, including municipal or local board employees; and • with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. CARRIED RISE AND REPORT The meeting resumed in open session at 11:44 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. 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. STRATEGIC PLAN UPDATE Resolution #GPA-328-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Strategic Plan meeting scheduled for May 4, 2011 be a Special Council Meeting, with Council in attendance and participating with Department Heads. MOTION LOST - 11 - 4-11 General Purpose and Administration Committee Minutes April 18, 2011 UNFINISHED BUSINESS There were no reports to be considered under this section of the Agenda. OTHER BUSINESS PROPOSED OUTDOOR PATIO FOR THE ROYAL CANADIAN LEGION BOWMANVILLE BRANCH 178 Councillor Hooper declared a pecuniary interest with respect to the matter of the proposed outdoor patio for the Royal Canadian Legion Bowmanville Branch 178 as he is a member of the Legion. Councillor Hooper left the room and did not participate in discussions and voting on this matter. Councillor Partner declared a pecuniary interest with respect to the matter of the proposed outdoor patio for the Royal Canadian Legion Bowmanville Branch 178 as she is a member of the Legion. Councillor Partner left the room and did not participate in discussions and voting on this matter. Resolution #GPA-329-11 Moved by Councillor Traill, seconded by Councillor Woo THAT the fees for a site plan application by the Royal Canadian Legion, Branch 178, for an outdoor patio be waived. CARRIED Councillor Hooper and Councillor Partner returned to the meeting. COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. - 12 - 4-12 General Purpose and Administration Committee Minutes April 18, 2011 ADJOURNMENT Resolution #GPA-330-11 Moved by Councillor Neal, seconded by Councillor Partner THAT the meeting adjourn at 12:12 p.m. CARRIED MAYOR DEPUTY CLERK - 13 - 4-13 DRAFT LIST OF DELEGATIONS GPA Meeting: May 9, 2011 (a) Christine Fahey, Director of the Port Hope Area Initiative Management Office (PHAIMO), Regarding a PHAIMO Port Granby Update (b) Theresa Vanhaverbeke, Regarding Report PSD-042-11, Potential Addition to Municipal Register of Properties of Cultural Heritage Value or Interest; 37 North Street and 51 North Street (c) Dan Worrall, President, Clarington Fire Fighters Association, Local 3139, Regarding Report ESD-0006-11, Minimum Staffing Report— Response to Questions (d) Sheryl Zuly, Requesting to Use an Unopened Road Allowance as a Garden 6-1 REVISED NO PUBLIC MEETING APPLICATION AN REPORT#PSD-038-11 Leading the Way ZLATKO AND STARLEANE JAZIC The Municipality of Clarington has received a "complete application" for a proposed Zoning By-lain Amendment. APPLICANT: Zlatko and Starleane Jazic PROPERTY: 3327 Trulls Road, on the east side just north of George Reynolds Drive, as showr on reverse. APPLICATION: The proposed Zoning By-law Amendment would facilitate the- severance of two (2, residential lots for single detached dwellings, as the current "Agricultural (A)" zoning is not consistent with the Urban Residential land use designation in the Clarington Official Plan. FILE NO.: ZBA 2011-0004 (X-REF: PLN 17.9.51) A public meeting to receive input on the application will be held on: DATE: Monday, May 9, 2011 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario Additional information relating to the application is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Tracey Webster at (905) 623-3379, extension 2415 or by e-mail at twebster(@clarington.net. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, May 16, 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, May 11, 2011 to have your name appear on the Agenda. APPEAL If a person or public body does not make oral submissions at a public meeting or .make writte submissions-to the Municipality of Clarington, Planning Services Department before the proposed By-lay Amendment and/or revisions are approved, the person: i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal Boar, unless, in the opinion of the Board, there are reasonable grounds to do so. D4atedhe Municipality of Clarington this 15 day of' April, 2011. D ome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1 C 3A6 cc LDO 7-1 I N Property Location Map(Courtice) yj�IIIIIIIIillllllllllllll�illll C 11111%4u1 nnunnnuun noon �i� I►�� %riii u i tl�� - '�\11111�� __ _= -111► � -- 11111111111 I T, - 111111 ° = ° �=•�� • :IIIIIIIIII =- iII111111111111p�D1 � �= 111111111 =� -- : � � = Bn "" Illllunuiunmm►\/imun►� • _ � _gin% ��nlluumluuuum � :_ _ � a�li►�Q �= �umuun m �� nril mmp �` •mlri� �� '�11111111111111 C Nllltl�\� I mass 11111111►`;Ijjl® �-_-�= ,,,'�� ZBA 2011-0004 Zoning By-law Amendment Owner:Zlatko Jazic ® CORPORATION OF THE PUBLIC MEETING MUNICIPALITY OF CLARINGTON REPORT#PSD-039-11 NOTICE OF COMPLETE APPL NEWCASTLE(KING)DEVELOPMENTS INC. Leading the Way MEETING DEVELOPMENT APPLICATION BY: NEWCASTLE(KING)DEVELOPMENTS INC. APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW 84-63 TAKE NOTICE that the Council.of the Corporation of the Municipality of Clarington has deemed the. Clarington Official Plan- Amendment and Zoning By-law Amendment applications submitted for . processing complete. The Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment and Zoning By-law Amendment, under Sections.17 & 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Official Plan Amendment submitted by Newcastle (King) Developments Inc. would permit a grocery store in the Newcastle Village Centre; specifically by changing the designation'of the subject lands from Urban Residential to Village Centre.; and by amending.the Newcastle Village Centre Secondary Plan' by designating -the lands Street-related Commercial in order to provide additional parking. The proposed Zoning By-law Amendment would implement the proposed Official Plan Amendment by rezoning the subject lands from"Urban Residential Exception(131-1)Zone"and"Environmental Protection (EP)Zone'to"General Commercial Exception(C1-33)Zone". The subject site is located on the northeast corner of North Street and King Avenue West in Newcastle Village, at 37&45 North Street and 80, 92&100 King Avenue West as shown on the attached Propeity Location Map. A copy of the applicant's submission will be available for viewing at the following website: http://www.clarington.net/htdocs/planning index.html Planning File No's.:COPA 2011-0002&ZBA 2011-0007 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, May 9,2011 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor,Municipal.Administrative Centre, 40 Temperance St.,Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in•opposition to the proposal. The start time listed above reflects the time at which the General Purpose.and Administration Committee Meeting commences. If you cannot attend the Public Meeting oa this application you can make a•deputation.to Council at their meeting on Monday May 16, 2011, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by Wednesday noon, May 11, 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 adoption'of the proposed Official Plan Amendment and/or Zoning By-law, you must submit a written request to the.Clerk's Department,2nd Floor,40 Temperance Street, Bowmanville, Ontario L1 C 3A6. An-Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for-approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. ' 7-3 Attachment 2 To Report PSD-047-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2011- being a By-law to amend Zoning By-law 84-63 of the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend Zoning By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2011-0005; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Map Schedule"4(Courtice)"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding —General Commercial Exception ((H) C1- 55) Zone" to "General Commercial Exception (C1-55) Zone", as illustrated on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-104 • �r Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law#: N/A Report#: PSD-038-11 File #: ZBA2011-0004 Subject: REZONING APPLICATION TO FACILITATE THE SEVERANCE OF TWO RESIDENTIAL LOTS APPLICANT: ZLATKO AND STARLEANE JAZIC RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-10 be received; 2. THAT the rezoning application submitted by Zlatko and Starleane Jazic continue to be processed by staff and that a further report be prepared following the receipt of all outstanding department and agency comments; 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-038-11 and any delegations be advised of Council's decision. Submitted by: Y Reviewed b David VCrome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer TW/CP/df 27 April 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F(905)623-0830 8-1 REPORT NO.: PSD-038-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Zlatko and Starleane Jazic 1.2 Proposal: To rezone the lands to an appropriate zone to facilitate the severance of two (2) residential lots with 15 metre lot frontages 1.3 Area: 0.6094 ha (1.5 acres) 1.4 Location: 3327 Trulls Road, Courtice (see Attachment 1) 2.0 BACKGROUND 2.1 On February 9, 2011, Zlatko and Starleane Jazic submitted an application to rezone their property to facilitate the severance of two residential lots. The application was incomplete as an Environmental Impact Study (EIS) must be completed in accordance with the Clarington Official Plan policies. Staff, in consultation with the Central Lake Ontario Conservation Authority prepared a Terms of Reference which was forwarded to the EIS consultant on the municipal roster. The proposal was delivered by the consultant on February 25th and by March 7th, the applicant, staff and CLOCA had agreed to the terms of the proposal. Funds to secure the completion of the EIS were submitted by the applicant on March 25th which allowed staff to deem the application complete. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property contains a single detached dwelling on a large residential lot. There is an artificial pond at the east end of the property which is within a valley. The Harmony-Farewell Iroquois Beach Provincially Significant Wetland Complex is a portion of the east end of the subject property. 3.2 The surrounding uses are as follows: North - large lot residential and a recently registered subdivision on Vivian Drive with lot frontages of 12, 13.5 and 15 metres South - large lot residential and the former Courtice Fire Station site which have been severed into four 15 metre residential lots. East- Municipally owned Open Space West - 12 metre wide residential lots 8-2 REPORT NO.: PSD-038-11 PAGE 3 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) promotes opportunities for intensification, including infilling, where.it can be accommodated. The availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs must be taken into account. Planning authorities are required to provide for a range of housing types and densities. A ten year supply of designated residential lands and a three year supply of residentially zoned and serviced lands are required. Development and site alteration shall not be permitted on lands adjacent to significant natural heritage features unless the ecological function of those natural heritage features has been evaluated and it has been demonstrated that there will be no negative impacts. Should the EIS provide a positive recommendation, the application would appear to conform to the 2005 Provincial Policy Statement. 4.2 Provincial Growth Plan The Provincial Growth Plan directs growth to built-up areas where the capacity exists to best accommodate the expected population. The guiding principles include building compact, vibrant and complete communities while optimizing the use of existing and new infrastructure to support growth in a compact efficient form. As the application for zoning amendment is within the built boundary, it conforms to the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the property Living Area with an indication of Key Natural Heritage and Hydrologic Features. Lands designated Living Area are to be used predominantly for housing with a wide variety of types, sizes and tenure. Intensification of existing areas is encouraged. 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. 5.2 Clarington Official Plan The property is designated Urban Residential and Environmental Protection Area in the Clarington Official Plan. The predominant use of lands designated Urban Residential shall be for housing purposes. The property has frontage on Trulls Road North, which is identified as a Type B Arterial road. Type B Arterial roads are designed to move significant volumes of traffic and have a right-of-way width ranging from 30 to 36 metres. 8-3 REPORT NO.: PSD-038-11 PAGE 4 Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. The precise limits of these areas are to be determined in consultation with the Conservation Authority. Map C — Natural Heritage System identifies the property as being within the Lake Iroquois Beach and is adjacent to a wetland, significant valleylands, and a tributary of Farewell Creek. The wetland is part of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland. An Environmental Impact Study is required to be undertaken for development applications in accordance with the Natural Environment and Resource Management policies of the Official Plan. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-Law 84-63, as amended, the subject lands are located within the "Agricultural (A)" and "Environmental Protection (EP)" zones. An amendment is required in order to facilitate the severance of two lots for single detached dwellings as the "Agricultural (A)" zoning is not consistent with the Urban Residential land use designation. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public meeting notice was installed on the property. 7.2 No inquiries were received on the application at the time of writing this report. 8.0 AGENCY COMMENTS 8.1 The application has been circulated to the appropriate departments and agencies for comment. Staff is awaiting comments from a number of departments and agencies. 8.2 The Kawartha Pine Ridge District School Board have no concerns or objections with the proposed application. 8.3 The Central Lake Ontario Conservation Authority (CLOCA) advises that the entire property is within an area that is subject to CLOCA's Ontario Regulation 42/06 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. As such, a permit from CLOCA is required prior to any development activity, including site grading, occurring on the property. The property contains a number of natural heritage features including a tributary of Farewell Creek, an online pond, a wetland area identified by CLOCA as an Ecological Land Classification (ELC) wetland, as well as a portion of a Provincially Significant Wetland (PSW). 8-4 REPORT NO.: PSD-038-11 PAGE 5 With respect to the tributary of Farewell Creek which traverses the eastern portion of the property, CLOCA has identified the extent of potential flooding associated with this section of the creek. The floodplain extends onto the property to the west of the existing pond. The floodplains of watercourses are considered to be hazard lands. CLOCA, in support of Provincial Policy, directs development to be located outside of hazard lands. The south eastern section of the subject property contains a portion of the Provincially Significant Harmony Farewell Iroquois Beach Wetland. Provincial Policy indicates that no development is permitted within Provincially Significant Wetlands (PSW) and further that any development adjacent to (within 120 metres of) a PSW is not permitted unless the lands have been evaluated and it can be demonstrated that there will be no negative impacts on the natural features or their ecological function. Staff understands that the Environmental Impact Study (EIS) is currently being completed to assess the potential impacts to the features and functions of the PSW and other natural features on and adjacent to the property. Should potential impacts be identified as a result of the creation of two additional residential lots, the EIS will provide recommendations and measures to ensure that potential negative impacts are avoided or mitigated. Therefore, until the EIS is completed to the satisfaction of CLOCA staff, we will not be in a position to provide positive comments regarding the rezoning application. 9.0 STAFF COMMENTS 9.1 Niblett Environmental Associates have been retained to complete the Environmental Impact Study. This study must be completed to the satisfaction of the Municipality, the Central Lake Ontario Conservation Authority, and the applicant prior to bringing forward a recommendation on the application. The study is expected to be completed by August 2011. Until such time as the study has been finalized, staff are unable to identify the potential impacts the proposed use may have on the natural heritage features. 9.2 In 2000 Council adopted a Land Acquisition Strategy which identified the valleylands on the subject property for acquisition. The applicant has been advised that the recommendation on this application must include a request that the Environmental Protection Area lands, which include the valleylands, be dedicated to the Municipality. The Environmental Impact Study will define the limits of the Environmental Protection Area based on the natural features on and adjacent to the subject property. 9.3 Clarington Emergency Services have no concerns or objections with the proposed application. 9.4 Clarington Engineering Services has no objection, in principle, to the proposed zoning change. A servicing plan satisfactory to the Director of Engineering Services will be required to obtain approval for any future land severance application. 8-5 REPORT NO.: PSD-038-11 PAGE 6 9.5 The proposed infilling is consistent with the surrounding neighbourhood. The proposed lots are similar to the four lots created by the Municipality on the former Fire Hall lands to the south. The recently registered subdivision on Vivian Drive also contains a number of 15 metre lots. 10.0 CONCLUSION 10.1 The purpose of this report is to satisfy the Public Meeting requirements under the Planning Act and taking into consideration the outstanding comments, staff respectfully request that this report be received and for staff to continue processing the application including the preparation of a subsequent report under resolution of the identified issues. Staff Contact: Tracey Webster Attachment: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Zlatko and Starleane Jazic Nick Palladino Scott Jeffery 8-6 --I O CD O -o Cn 0 6 W GO Property Location Map (Courtice) LLLI v_J N Subject 1 Site I �® PROPOSED SEVERANCE J J PROPOSED SEVERANCE g 3 t i ZBA 2011-0004 Zoning By-law Amendment Owner:ZIatko Jazic GEORGE REYNOLDS DR N --I O CD O -o Cn 0 6 W GO • Leadin the Wa REPORT g y PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law #: N/A Report#: PSD-039-11 File #: COPA 2011-0002 & ZBA 2011-0007 Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT THE DEVELOPMENT OF A ONE-STOREY, 2,503m2 (26,942 ft2) GROCERY STORE APPLICANT: NEWCASTLE (KING) DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-039-11 be received; 2. THAT the application by Newcastle (King) Developments Inc. continue to be processed; 3. THAT a further report be prepared following the receipt of all outstanding agency comments; and 4. THAT all interested parties listed in Report PSD-039-11 and any delegations be advised of Council's decision. Submitted by: Reviewed by: David J Crome, RPP, MCIP Franklin Wu, Director, Planning Services Chief Administrative Officer RP/COS/df/sn/ah 3 May 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 8-8 REPORT NO.: PSD-039-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Newcastle (King) Developments Inc. 1.2 Owners: Syvan Developments Limited, Yvonne Gilkes and Mildred Fisher 1.3 Official Plan: To re-designate a portion of the subject lands (45 North Street) from Urban Residential Area to Village Centre and Street Related Commercial Area to allow for an expanded parking area and loading area along North Street in association with the development of a grocery store. 1.4 Rezoning: To rezone a portion of the subject lands (37 and 45 North Street) from Environmental Protection (EP) Zone and Urban Residential Type One Exception (R1-1) Zone to General Commercial Exception (C1-33) Zone, to allow for an expanded parking area and loading area along North Street in association with the development of a grocery store. 1.5 Site Area: 0.85 hectares 1.6 Location: 37 and 45 North Street, Newcastle 80, 92 and 100 King Avenue West, Newcastle (See Key Map —Attachment 1) 2.0 BACKGROUND 2.1 On March 7, 2011, Newcastle (King) Developments Inc. submitted an application for an Official Plan and Zoning By-law Amendment to allow for an expanded parking area and loading area along North Street in association with the development of a grocery store. Attachment 2 contains a concept site plan of the proposed development which shows the proposed building location,.access points, parking provisions on site, and preliminary elevation drawings. The application was deemed complete on March 28, 2011 following the submission of outstanding reports/drawings. 2.2 Five properties will be assembled in order to facilitate the development of the grocery store. They include 37 and 45 North Street and 80, 92 and 100 King Avenue West (see Photograph 1). 2.3 The applicant also submitted the following background studies in support of the applications: • Planning Justification Report prepared by Khaldoon Ahmad Planning & Urban Design; • Heritage Assessments prepared by Martindale Planning Services; • Phase I Environmental Assessment prepared by Golder Associates; • Phase II Environmental Assessment prepared by Candec Engineering Consultants Inc.; 8-9 REPORT NO.: PSD-039-11 PAGE 3 • Noise Analysis prepared by Valcoustics Canada Ltd.; • Stormwater Management Report prepared by Bronte Engineering Limited; and • Traffic Impact Study prepared by Paradigm Transportation Solutions Limited. 2.4 At the request of the Planning Services Department the applicant hosted a Community Open House prior to the Statutory Public Meeting. The meeting took place on Wednesday, April 6, 2011 at the Newcastle Community Hall. A number of residents attended the Open House and provided their comments/concerns. Staff attended the meeting and recorded the comments made by the residents and local businesses; a brief summary of these comments are provided in Section 8 of this report. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 19 Y ti MI.LMOT SqT�RE V - € e . '.� �• wag` m; ,�: i:i ti a qp= la x'45 roi k W r 'I a; Z. UP ...... ...... tLL' Q1; i Zo,. N.-p y 1�. m KING�AVENUE WEST r ZBA 2011-0007 Photograph 1:Aerial Photograph (2010) — Subject Site 3.1 The site is located on the north side of King Avenue West and east of North Street. The subject land is relatively flat having a number of mature trees along the northern limits of the site. The site has a total area of approximately 0.85 hectares. 8-10 REPORT NO.: PSD-039-11 PAGE 4 3.2 Neighbourhood character and surrounding land uses: j7 1i i ,r. T C 'r i y,,�t,''d3hF✓I - .: t A rot'y!!Y Photograph 2: View of site, with 92 King Avenue West facing north (April 19, 2011) t R S t Photograph 3: View of 45 and 37 North Street facing east(April 5, 2011) 3.2.1 The proposed development is within the main activity centre of Newcastle having a unique main street and heritage character. The Newcastle Village Centre exhibits a built form that is comprised of several architectural styles and periods including Georgian, Victorian and Edwardian. Many of the original buildings still retain their original mixed- use character, combining commercial uses at street level with residential units above. There are a number of architectural styles found within the Downtown area such as the Newcastle Community Hall a neo-Georgian style building which is designated under the Ontario Heritage Act, and is considered the Village's most prominent landmark. The Newcastle Community Hall is located within close proximity of the subject lands and is within view of the subject site. 8-11 REPORT NO.: PSD-039-11 PAGE 5 3.2.2 The following are the surrounding land uses: North: A well established low-density residential area along Wilmot Street. The backyards of these residences abut the application site. There is an existing privacy fence separating the residential lots from the site which is approximately 1.80 metres in height. South: Across King Street Avenue West, two to three storey high commercial buildings. East: Commercial buildings (CIBC) and the Newcastle Community Hall and associated gardens and gazebo. West: Commercial buildings along King Avenue and a well established low- density residential area along North Street. 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) supports the development in the Newcastle Village Centre because it: • promotes settlement areas as the focus area for growth; • promotes efficient land use and development patterns to facilitate economic growth; • supports the maintenance, and where possible, the enhancement of downtowns and main streets; and • provides for an appropriate mix and range of employment to meet long term needs. The redevelopment of these lands for commercial uses will facilitate the continued vitality and viability of downtown Newcastle and the Village Centre. 4.2 Provincial Growth Plan The Provincial Growth Plan promotes the creation of compact, complete communities that are transit supportive and pedestrian-friendly. Part of the intent of the Growth Plan is to direct development to existing serviced urban centres and encourage a compatible mixture of land uses within urban centres. A fundamental priority of the plan is to encourage intensification of underutilized urban lands to create vibrant communities where infrastructure exists to accommodate growth. "Complete" communities provide opportunities to both live and work. This development conforms to the Provincial Growth Plan. 8-12 REPORT NO.: PSD-039-11 PAGE 6 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan (DROP) designates the subject properties as "Regional Centre". Regional Centres shall function as places of symbolic and physical interest for the residents and shall provide identity to the area municipalities within which they are located. The DROP seeks to develop Regional Centres as the main concentrations of commercial, residential, cultural and government functions in a well designed and intensive land use form. Regional Centres shall be developed having consideration for urban design that favours pedestrian traffic and public transit with direct street pedestrian access to buildings. All parking areas shall be located at the rear or within buildings wherever possible, in addition prime consideration is to be given to the special distribution of structures, architectural treatment, the preservation and enhancement of cultural resources. 5.2 Clarington Official Plan 5.2.1 The Clarington Official Plan designates this site as "Village Centre" and "Urban Residential". In addition, the majority of the site can be found within the Newcastle Village Centre Secondary Plan, identified as "Street-Related Commercial Area". The Newcastle Village Centre is identified as the functional and symbolic centre of economic, social and cultural activity in Newcastle Village. 5.2.2 The proposed land use (Grocery Store) is permitted within the "Street-Related Commercial Area" designation. A portion of the subject lands (45 North Street) is designated "Urban Residential' and is found outside the limits of the Secondary Plan. The proposed Official Plan Amendment seeks to add 45 North Street to the Secondary Plan and re-designate the lands.to "Street Related Commercial Area" to allow for an expanded parking area and loading area along North Street associated with the proposed grocery store. 5.2.3 The Newcastle Village Centre Secondary Plan encourages the consolidation of smaller land parcels within "Street-Related Commercial" areas. In addition, the Secondary Plan encourages joint parking arrangements and the preservation, renovation and reuse of historic buildings wherever possible. This proposal represents the consolidation of five (5) properties. 5.2.4 The Secondary Plan includes policies which address matters related to commercial redevelopment, urban design, and parking. More specifically, the "Street-Related Commercial Area" designation emphasizes the incorporation of the heritage downtown into the redevelopment of adjoining lands. All development and redevelopment have traditionally been oriented to the streetline having main entrances facing the street at grade. In addition, any parking areas sited across the road from residential uses, will incorporate high quality landscape treatments including a low wall and street trees to provide a sense of enclosure. 8-13 REPORT NO.: PSD-039-11 PAGE 7 5.2.5 The Newcastle Village Centre Secondary Plan states that all new development or redevelopment of properties within the Village Centre will be designed in accordance with section 11.3 of the Newcastle Village Centre Secondary plan and Sections 10.4.5 and 10.4.6 of the Official Plan. These sections provide policies, general urban design principles and site development criteria for development within Village Centres of Clarington, and can be summarized with the following themes: Land Use Compatibility Land use compatibility within historic downtown areas should be achieved through appropriate building siting, building design and landscape treatments. Proposed developments shall complement the existing character of the Village Centre by using similar building materials, similar building massing and architecture, and by providing awnings, pedestrian-scale lighting, and streetscape amenities such as benches. Buildinq Design & Streetscape Proposed buildings shall be street-front oriented and provide direct street access for pedestrians, wherever possible. Building form and siting shall minimize the impacts of noise, wind and shadows and shall enhance views of landmark buildings, parks and open space. Active street life is encouraged through the provision of street-related buildings, possible outdoor display and selling areas, as well as other amenities such as bicycle racks and benches. Parking Areas and Landscape Treatment Parking areas should be sited to the side, or rear of a development. Where parking areas are sited across the road from residential uses, the proposal shall incorporate high quality landscaping/screening such as a low wall and street trees to provide a sense of enclosure. Common vehicular access, parking areas and internal circulation, including service lanes connecting abutting properties, should be provided wherever possible. Impact mitigation Loading areas and refuse collection areas shall be unobtrusive, and anticipated noise impacts shall be mitigated - the areas shall be screened where necessary and shall generally be located at the side or the rear of the building; no open storage is permitted. Refuse collection areas shall be internal to buildings wherever possible and in all other situations, within separate buildings of similar design to the principal building. 5.2.6 The buildings located at 37 North Street and 92 King Avenue West in Map A— Land Use of Newcastle Village Centre Secondary Plan are both recorded as Heritage Merit Buildings within the Municipality's inventory of cultural heritage resources. Section 8 of the Clarington Official Plan states that where redevelopment of a site occurs, infill buildings shall be compatible and consistent with the surrounding buildings and streetscape in terms of building materials, height, width, scale, colour setback and design, including windows, doors and roof lines. Where a building is recognized on the heritage resources list, the Municipality discourages the demolition or the inappropriate alteration of a heritage resource. 8-14 REPORT NO.: PSD-039-11 PAGE 8 5.3 Newcastle Community Improvement Plan On April 21th, 2008, Council approved Newcastle Village's first Community Improvement Plan (CIP). The focus of the CIP is to enhance the heritage attributes visible in the built environment. The CIP states in Section 2.5 that construction of infill projects within the downtown should proceed in a manner that promotes and respects the community's built heritage. A recent downtown redevelopment project, Shoppers Drug Mart located at 1 King Avenue East, was approved by the Municipality. The proposal responded to the CIP by respecting the heritage streetscape along King Avenue and Mill Street by following urban design principles outlined by Staff and the community during the process. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP) Zone", "General Commercial Exception (C1-33)", and "Urban Residential Exception (R1-1)". 6.2 The Applicant has requested an amendment to Zoning By-law 84-63 to rezone a portion of the subject lands (37 and 45 North Street) from "EP" and "R1-1" to "General Commercial Exception(C1-33) Zone", consistent with the remainder of the site, to allow for an expanded parking area and loading area along North Street associated with the proposed grocery store. Within the "C1-33" zone, a grocery store is a permitted use. WILMOT STREET R1-29 RI 45 - O L Z w 37 w N C w 1 O C1 �_ -'7 Z aoo KING AVENUE WEST C1 14 C 3 I C - 9 ZBA 2011-0007 Map 4:Subject Site Zoning By-law 84-63 8-15 REPORT NO.: PSD-039-11 PAGE 9 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 One of the documents submitted by the Applicant, in support of this application, was a Planning Rationale Report. This report provided an overview of the property and the surrounding area together with a review of relevant local, Regional and Provincial Planning documents. The report highlights that the proposal implements the vision of the relevant planning documents by intensifying under-utilized lands and introducing a compatible use that will service the current and future needs of Newcastle Village, and which is designed in consideration of the urban design goals and objectives of the Village Centre. The report's author suggests that the proposal offers positive economic benefits through jobs created by the proposed development, increase in tax revenue and investment in the downtown. 7.2 Heritage Assessment Reports were submitted by the Applicant for the properties located at 37 North Street and 92 King Avenue. Both reports recommend that the owner consider having the existing buildings relocated to another lot in or near the Newcastle area; this recommendation was made on the assumption that a willing buyer can be found to bear the moving costs and that the move can be accomplished within a reasonable time frame. This would enable the proposed commercial development to proceed as planned, leaving open the possibility of the heritage resource being retained in the community. In the opinion of the report's author this is a compromise solution that would satisfy the intent of the Clarington Official Plan insofar as preservation of.the cultural heritage resources is concerned. Recommendations with regards to the heritage attributes and moving of the buildings are the subject to a separate Report PSD-042-11 on the same GPA agenda. 7.3 As noted earlier in this report, the applicant has also submitted a Traffic Study, a Phase 1 and 2 Site Assessment, a Noise Analysis and Stormwater Management Report. Further analysis of these reports will be included in a subsequent report. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice for the statutory public meeting was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property - one on each road frontage. 8.2 An Open House meeting was hosted by the Applicant on April 6, 2011, at the Newcastle Community Hall. Approximately 50 people attended and provided their comments and concerns verbally to the development team. 8.3 At the writing of this report, Staff received a number of inquiries from residents and business owners regarding this application. The following list summarizes the comments received and recorded by Staff: 8-16 REPORT NO.: PSD-039-11 PAGE 10 King Street Avenue West • There needs to be a store entrance along King Avenue West for pedestrian access from the road. • The proposed orientation and layout of the building "Turns its back on the downtown". Safety and Privacy • The privacy of the abutting residential properties will be impacted by the proposed development. • The truck and car entrances and exits on North Street are a safety concern. • The noise and lighting will have a detrimental impact to the neighbouring residential properties. • A privacy fence is needed along north property line to screen the use. Heritage Conservation • This development will impact existing heritage properties such as the Lewis Wilmot House. • The prevailing building designs in downtown Newcastle are two-storey brick buildings. The proposed building needs to be designed in such a way that fits into the historic context of Newcastle Village. • The grocery store should be designed to not impact the views from the Newcastle Community Hall parkette. Site and Building Design • The proposed metal siding is not appealing and is not an appropriate material. • The proposed building design and layout does not address the needs of an aging population, as it is not accessible to pedestrians along King Avenue. • The design of the building resembles a factory or industrial development. • The proposed building design does not add to the vitality of the downtown core and streetscape. • The site should be designed to have a shared driveway with CIBC. • The proposed site design does not take into consideration pedestrian connectivity from the residential neighbourhoods to the north and across the street. • Alternative building/site design should be presented to public. Other • Appropriate notice was not given by the developer for the Community Open, House and therefore another Open House should be held by the developer with appropriate notice. • The drawings presented at the Community Open House did not match the submissions available on the Municipality's website. • Concerns were expressed about the lack of capacity of the storm sewer system that may result in basements flooding, especially during construction. • The developer should provide alternative design options for the community's consideration. 8-17 REPORT NO.: PSD-039-11 PAGE 11 8.4 Following the open house, the proponent submitted a letter (Attachment 3) outlining how they will address the residents' concerns and has also submitted revised drawings attached this report. 9.0 AGENCY COMMENTS 9.1 This application was circulated to the Durham Regional Planning Department, the Durham Regional Works Department, the Clarington Engineering Services Department and Ganaraska Region Conservation Authority. 9.2 At the writing of this report.comments had not yet been received from Durham Regional Planning Department, and the Durham Regional Works Department. 9.3 The Clarington Engineering Services Department advised that they have issues with traffic, stormwater management and on site movements that need to be addressed, prior to final approval of the subject site plan. The applicant will be required to satisfy the Engineering Services Department concerns and conditions. 9.4 The Ganaraska Region Conservation Authority has advised that as there are no natural hazards or natural heritage features that would affect this application, there are no objections to the Official Plan or Zoning Amendments proposed. They have advised that other concerns with respect to stormwater management will be dealt with through the site plan process. 9.5 The Clarington Heritage Committee reviewed the development proposal at the regular meeting of April 19, 2011 and passed the following motion: "That the building incorporate the architectural design features of the existing heritage structures in the downtown core; That the facade of the building facing King Avenue West have the appearance of an historic multi-unit commercial development with wood detailing on the first floor as in the building located at 101 — 109 King Avenue West; That a pedestrian access be provided into the building from King Avenue West; That the building be constructed with an all brick exterior and architectural details such as quoins and cornicing; That the loading dock wall be constructed of brick; That the exterior walls that do not have windows incorporate public art such as murals and/or historical photographs that have an attachment to the community..; and That the final elevation drawings be circulated to the Committee as part of the site plan approval process." 9.6 The Clarington Accessibility Advisory Committee advised that another entrance door on King Avenue is required in order to accommodate seniors and disabled persons who 8-18 REPORT NO.: PSD-039-11 PAGE 12 would be walking to the grocery store. Other concerns will be dealt with through the site plan approval process. 9.7 The Building Services Department have concerns regarding the design of the parking area shown on the site plan SP-1, dated March 4, 2011 as it does not allow for a fire access route. If the access route is proposed to be on King Avenue West, then the principal entrance to the building must be no further than 15 metres from the fire access route. 10.0 STAFF COMMENTS 10.1 The proposed redevelopment will result in an intensification of the site, and will provide opportunity to diversify the types of uses found within downtown Newcastle. The proposal achieves the Newcastle Village Centre Secondary Plan's goals to consolidate smaller land parcels in an attempt to more efficiently utilize existing infrastructure and amenities. 10.2 The applicant has submitted an Official Plan and Zoning By-law amendment application to allow for an expanded parking area and loading area along North Street in association with the development of a one-storey, 2,503, m2 (26,942 ft2 ) grocery store. In order to review the Applicant's proposal it will be necessary to conduct a thorough evaluation of the following matters: • The impact of the proposed parking area expansion and building design on neighbouring properties; • The impact of the proposed development on the existing heritage character of the downtown; • The impact of the pedestrian entrance location; • The heritage value of the existing buildings on the property; and • Matters such as noise mitigation, refuse, landscaping, parking, illumination and building design will be further addressed through the site plan approval process. 10.3 An application for site plan approval has been submitted by the applicant and is being reviewed concurrently with the Official Plan and Zoning By-law amendment. The site plan elevations for the store have been upgraded since the public open house to respond to some of the concerns raised at the meeting. The building is all brick and additional glass has been incorporated. 10.4 In order to provide the applicant with the Municipal and the community expectations for the design of the site, a detailed list of urban design principles were provided to the applicant by Planning Staff prior to their application submissions. A copy of this list is found within Attachment 4 - Development Guidelines Checklist— Preliminary. Staff will work with the applicant to ensure that planning policies are implemented in the proposed development and that the development complements the surrounding residential neighbourhood and historic downtown character. 8-19 REPORT NO.: PSD-039-11 PAGE 13 The applicant has been requested to prepare alternative design options, both by Staff and the community, some of which include: incorporating a pedestrian entrance to.the grocery store from King Avenue, providing grade level transparent windows along King Street and the addition of small stores attached to the grocery store which face onto King Avenue. 11.0 CONCLUSIONS 11.1 It is the applicants' opinion that the proposed retail commercial use as envisioned meets guiding planning documents and is compatible with the abutting commercial uses. In addition the applicant states that the proposed development is compatible with the abutting residential uses. The amendments to the Official Plan and Zoning By-law are appropriate and represent good planning. 11.2 The purpose of this report is to satisfy the requirements for a Public Meeting under the Planning Act. It is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report, taking into consideration all of the public and agency comments. Staff Contact: Ruth Porras Attachments: Attachment 1 - Key Map Attachment 2 - Landscape Concept and Proposed Elevations Attachment 3 - Applicant's Response to Concerns Raised Attachment 4 - Urban Design Principles (Development Guidelines Checklist— Preliminary) List of interested parties to be advised of Council's decision: Newcastle (King) Developments Inc. Pat Thexton Syvan Developments Limited Barry Carmichael Yvonne Gilkes Bill and Ulva Calver Mildred Fisher Tenzin Gyaltsan Lawson R. Gay Steve Richmond John Oates Amos and Doreen Langley Terra and Perry Mucci D. Hickson Roger Hardy Robert and Lorraine Forget Allan Kirby Joyce Kufta Bart Wysokinski Narda Hoogkamp Kristina Stephanich Marjorie Caswell Arnold Mostert Peter deJong Steven Coupland Richard Jefferson Joyce and Ron King Dorella Forget Kevin and Darlene Hawes Jack Gordon Sheila Patrick Betty Lou and Ron Locke Wendy Couch Valentine Lovekin Hans and Barbara Colhourgen 8-20 ow !•S CD 0 � D rA fli 00 C:) i3 w0 Property Location Map (Newcastle Village) g N MONROE STREETW & MONROE STNE� WILMOT STREET b AS�,teEm GEORGE STE GEORGE WILMOT STREET S Ar KWGAVENUEWEST I AVENUEWEST KING AVENUE EAST TM N4N CRESCEN �t� Yu I I I 1 1 I I I I I I I I I I I I I I I I I I _ _ - r W�V k EMILY STE S CREEK DRIVE � U% EXISTING I I I I I I I I I ( I I I I __ BUILDING II —T - ff Y- 1 ___• 1 r �E ANEGRG UROLINE STW £ CAROLINE ST CRESCENT ---------------------------- �^__ ��- FDWAPD STREETW EOWnRO STW F Z -- QArea subject to ZBA .,PROPOSED';."""" X11 Area subject to COPA ZBA 2011-0007 Zoning By-law Amendment KING AVENUE WEST COPA 2011-0002 Clarington Official Plan Amendment N Applicant: Newcastle(King) Developments Inc ow !•S CD 0 � D rA fli 00 C:) i3 w0 C6 E c)co U L1 U) CL t: k Ao 0 z RETAIL A LEGEND EXISTING BUILDING EXISTING TREES SED BUILDING UILDING BUILDING EXISTING TREES TO BE PRESERVED 1 "OlEl SIRUOS AND PERENNIALS TURF GRASS UNIT PAVING KING AVENUE CONCRETE PAVING ASPHALT PAVING f A- QCQ_ z LI ❑ J > z ❑ cq d C 11 a)< O IL Ld z 0 W D CL 5 ul 5 > 4 o 6-I F-1 --, - - - _ -- _ - -_ - _ -- - _ _ _ �. _�s-- =fie i:E . �� _ - - - 1.' -.= 92 KING AVENUE, NEWCASTLE ONTARIO EAST ELEVATION 8.15 rr 0.85 rr WEST ELEVATION m im 9.00 m .00 m =T ogwrmn rutdl:I 1111Cf 1 To Report PSD-039 • .3 DEVcLDPMrNT CQRF-QP..A'tjC.N April 3, 2011 VIA NAIL Planning Services Department Attn: Ruth Porras, Senior Planner/Urban Designer Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 G 3A0 Dear Mrs. Porras RE: File No.'s: COPA 2011-0002; ZBA 2011-0007, &SPA.2011-0012 Newcastle Grocery Stare-- Respons'e to Concerns Raised at Community Open blouse On April B, 2011 a Community Open House (OOH) was held for the above noted project. We want to take this opportunity to thank Planning Services Staff and the local and regional Councilors for attending and making themselves available for questions. As-you are aware, the purpose -of the meeting was to introduce the proposal to the community and open dialogue for any concerns. Based on our experience at the meeting, it is clear that this is an active community with a strong passion for the development.of its unique downtown. The purpose 'of this letter is to outline the main. concerns.and identify how we intend on addressing these concerns. Before outlining the main concerns that were identified at the COH, it is important to note the positive comments that were received. ]Many residents valued the i.nvestrnent in 'the downtown and the economic benefits of the proposal. Several residents discussed the need for another grocery store in town, while others appreciated the all brick building design for the King Avenud West elevation. Finally, numerous residents spoke of the need for a rear entrance to provide easy access from fhe parking area. The following will outline the main concerns that were raised at the COH and provide a response for how we intend on addressing these concerns, 1. Concerns were raised* regarding the quality of the side and rear building elevations as they are proposed to include metal siding. ` In order to address this concern, the proposal will be revised tok include brick facades for the .rear and side elevations, subject'to review and approval by Clarington Planning Services Staff. 10 Queen Elizabeth Blvd Unit 2 Etobieoke,On,M8Z 1L8 Phone:416 979 9996 Fax:416 979 0593 8-25 DEVELRAFT R 2. Concerns were raised regarding the interface between the existing dwellings on North Street and the proposed parking and loading areas. In order to address this concern, the proposal will be revised to include decorative fencing and enhanced landscaping along the entire.North Street property line, subject to review and approval by Clarington Planning Services Staff. Additionally, Newcastle (King) Developments is willing to meet with these residents to discuss these details. 3. Concerns were raised regarding the noise, headlight glare and lighting of the parking and loading areas with the neighbourhing residential properties to the north (those properties fronting Wilmont Street). As part of the applications submission package a noise study and site lighting plan was submitted in order to study any potential impacts and determine what, if any, mitigation is required. These studies are currently being reviewed by Clarington Staff, which will ensure that the proposed development does not provide any negative impacts. Additionally, the proposal includes privacy fencing and landscaping along the entire northerly lot line. 4. Concerns were raised regarding the truck and vehicular traffic along North Street and the potential an increase in the number of vehicles using Wilmont Street. As part of the application submission package a Traffic Impact Assessment was completed to identify any potential traffic issues, including the subject question. This study is currently being reviewed by Clarington Staff, which will ensure that the proposed development does not provide any negative traffic impacts. 5. A concern was raised regarding maintaining the existing access easement to North Street for the Newcastle Veterinarian Clinic. The existing access is subject to an easement, which is registered on title and must be maintained. Also, Newcastle (King) Developments is willing to ensure that this access remains.open. 6. Concerns were raised regarding the main entrance proposed at the rear of the building. Several residents indicated that a main entrance should be provided from King Avenue Vilest. Newcastle (King) Developments has suggested that our tenant attend a meeting with the Director of planning and planning staff in an effort to better understand our tenants floor plan layout and their concerns with a door along King Street 10 (queen Elizabeth Blvd Unit#2 Etobicoke,On,M8Z IL8 Phone:416 979 9996 Fax:416 979 0593 8-26 CRAFT LR Thank you for the opportunity to respond to these concerns. Additionally, it is. requested that this information be posted on Clarington's website so that the public is aware of our efforts to resolve these issues. Should you require any additional information or clarification, please feel free to contact me via phone-'or email. Regards, ; ,Carmine Nigro 10 Queen Elizabeth Blvd Unit#2 Etobicoke,On,M8Z 1L8 Phone:416 979 9996 Fax: 416 979 0593 1 ' 1 NEWCASTLE VILLAGE - "NO FRILLS" DEVELOPMENT GUIDELINES CHECKLIST - PRELIMINARY FEBRUARY 23, 2011 !s X CD 0 � D C/) � oC-) o � wo �o CD r« TABLE OF CONTENTS OFFICIAL PLAN POLICIES AND REGULATONS 3 • URBAN DESIGN PRINCIPLES-TOWN AND VILLAGE CENTRES 3 • NEWCASTLE VILLAGE CENTRE SECONDARY PLAN 4 • CULTURAL HERITAGE 4 ZONING BY-LAW 84-63 4 SIGN BY-LAW 2009-123 4 INCENTIVES-COMMUNITY IMPROVEMENT PLAN GRANT PROGRAM 5 REQUIRED STUDIES/REPORTTS 5 • HERITAGE IMPACT ASSESSMENT 5 • PLANNING RATIONALE REPORT 6 • NOISE IMPACT ASSESSMENT 6 • TRAFFIC IMPACT ASSESSMENT 6 MUNICIPAL GUIDELINES 7 • LANDSCAPE DESIGN GUIDELINES 7 • LIGHTING DESIGN GUIDELINES 8 REQUIRED DRAWINGS AND REPORTS 8 Pi OFFICIAL PLAN POLICIES AND REGULATIONS The intent of the Clarington Official Plan is to protect the health and safety of the current and future residents of the Municipality and also to create an environment that will foster a healthy economy,enhance its social and cultural fabric and protect its rural ambiance.When developing your proposal, please ensure the following policies of the Official Plan are addressed: Addressed? Y/N URBAN DESIGN PRINCIPLES—TOWN AND VILLAGE CENTRES-SECTIONS 10.4.5&10 4.6 A grid system of streets and walkways shall be incorporated to fulfill vehicular and pedestrian requirements and to function as places of social interaction; An integrated and diverse mix of uses shall be planned and developed; Active street life is encouraged through the provision of municipal squares, pocket parkettes, street-related buildings, outdoor patios, possible outdoor display and selling areas, and other amenities; The pedestrian environment is paramount in all Town and Village Centres and will be enhanced through development which is human in scale, buildings of high architectural quality,grade level doors and windows, and the provision of street benches, awnings, pedestrian-scale lighting, and streetscape amenities; Buildings will be sited to provide a continuous facade to define the edge of the street and to provide a sense of enclosure; Development within historic downtown areas should complement existing buildings, have consistent height, setback, floor and ceiling levels, arrangement and height of windows, and building materials; Development of a transit supportive environment including consideration of the requirements of Section 19.8.3 of the Official Plan; and public safety will be enhanced in the design and.siting of buildings and public open spaces to provide visibility, easy access, multiple routes, and unobstructed views from streets and buildings; Buildings shall be street-front oriented and provide direct street access for pedestrians,wherever possible; Parking areas should be sited to the side, rear or underground wherever possible; Land use compatibility between commercial, residential and community uses shall be achieved through appropriate building siting, design and landscape treatment; High quality landscape treatment shall be provided with particular regard to screening parking areas visible to the street, providing shade for pedestrians and mitigating heat island effects; Building form and siting shall minimize the impacts of noise,wind and shadows and shall enhance views of landmark buildings, parks and open space; Lighting impacts will be minimized; Energy efficient design and orientation which maximizes the use of alternative or renewable energy such as solar and wind energy and the mitigating effects of vegetation will be encouraged wherever possible; w I w 4 ZONING BY-LAW 84-63 It is the understanding of the Municipality that a Zoning By-law Amendment application will be submitted in order to permit a retail establishment on the subject lands. Please be aware that the proposed site development is required to meet the general provisions of the Zoning By-law,such as parking and loading, landscape strips and drive aisle widths etc.which may not be subject to the proposed Zoning By-law Amendment.The General Provisions of the Zoning By-law can be found here: httg;//www.clarington.net/htdocs/plarining zoning by law-84-63 html SIGN BY-LAW 2009-123 According to Sign By-law 2009-123,the subject lands are located within a 'Heritage Resource Area'. Within Heritage Resource Areas,special Consideration must be had when choosing sign materials and methods of illumination of the signs in order to maintain the historic character of the Resource Area. For example,the preferred sign materials include wood, metal and brass letters and preferred lighting of signage shall be ambient, overhead,gooseneck or low-key lighting.All proposed signage must comply with the Sign By-law. Detailed regulations for signage in Heritage Resource Areas can be found here: http://www.clarington.net/htdocs/documents/Planning/Sign%20By-law%202009-0123 pdf Refuse collection areas will be internal to buildings wherever possible and in all other situations within separate buildings of similar design to the .principal building on the lot; Loading areas and refuse collection areas shall be unobtrusive,anticipated noise impacts will be mitigated,the areas will be screened where necessary and shall generally be located at the side or the rear of the building-no open storage is permitted; and Common vehicular access and internal circulation including service lanes connecting abutting properties should be provided wherever possible. NEWCASTLE VILLAGE CENTRE SECONDARY PLAN—SECTION 11-URBAN DESIGN GUIDELINES Any parking areas developed on lands abutting Emily Street or at other locations where parking areas are sited across the road from residential uses,will incorporate a high quality landscape strip including a low wall and street trees to provide a sense of enclosure to the street and screen the parking areas; Signage will be appropriate in scale, placement and colour requiring the adaptation of standard corporate signage to the character of the local area—co-ordination of signage is encouraged; and Any fagade improvement will complement the historic character of the downtown by using similar materials and styles. CULTURAL HERITAGE-SECTION 8.3.2 Where a structure is recognized on the heritage resources list,the Municipality will require infill buildings to be compatible and consistent with the surrounding buildings and streetscapes in terms of building materials, height,width,scale, colour, setback and design including windows, doors and roof lines. ZONING BY-LAW 84-63 It is the understanding of the Municipality that a Zoning By-law Amendment application will be submitted in order to permit a retail establishment on the subject lands. Please be aware that the proposed site development is required to meet the general provisions of the Zoning By-law,such as parking and loading, landscape strips and drive aisle widths etc.which may not be subject to the proposed Zoning By-law Amendment.The General Provisions of the Zoning By-law can be found here: httg;//www.clarington.net/htdocs/plarining zoning by law-84-63 html SIGN BY-LAW 2009-123 According to Sign By-law 2009-123,the subject lands are located within a 'Heritage Resource Area'. Within Heritage Resource Areas,special Consideration must be had when choosing sign materials and methods of illumination of the signs in order to maintain the historic character of the Resource Area. For example,the preferred sign materials include wood, metal and brass letters and preferred lighting of signage shall be ambient, overhead,gooseneck or low-key lighting.All proposed signage must comply with the Sign By-law. Detailed regulations for signage in Heritage Resource Areas can be found here: http://www.clarington.net/htdocs/documents/Planning/Sign%20By-law%202009-0123 pdf 00 I w N 5 INCENTIVES—COMMUNITY IMPROVEMENT PLAN GRANT PROGRAM There are a number of grants for which you may be eligible under the Community Improvement Plan grant program.These grants include the Signage Grant Program,the Site Plan Control Fee Grant and the Infill Project Grant Program. In order to be eligible for one or more of these grants,the applicant is asked to meet a set of requirements or"pre-requisites"as per the Newcastle Village Community Improvement Plan Grant Application,found here: http://www.clarington.net/htdocs/planning comm improv program html REQUIRED STUDIES/REPORTS HERITAGE IMPACT ASSESSMENT The Heritage Impact Assessment is intended to provide relevant information on the nature and significance of a heritage property, and develops the policy framework in which the heritage property can be conserved. Please ensure the following items are addressed in the scoped Assessment: Addressed? Y or N Heritage Impact Assessment Checklist Present Owner contact information for property proposed for development and/or site alteration A written description of the buildings and structures on the subject properties including: building elements, building materials, architectural and interior finishes, natural heritage elements,and landscaping. Documentation of the subject properties to include:current photographs(high resolution)of each.elevation of the buildings and a site plan at an appropriate scale to understand the context of the buildings and site details. Documentation shall also include where available, historical photos, drawings or other available and relevant archival material. An outline of the proposed development, its context,and how it will impact the surrounding properties (subject site and surrounding properties, including the designated Town Hall). In particular,the potential visual and physical impact of the proposed development on the identified heritage attributes of the properties shall be assessed. The assessment must consider potential negative impacts,which may include but are not limited to: alterations or new buildings which are not sympathetic or compatible with the cultural heritage resources in the area; demolition of all or part of a cultural heritage resource; etc.The assessment should also address the influence and potential impact of the development on the setting and character of the subject properties. Coloured renderings of the proposed design details for the new building, and discuss how it fits in with the character of the streetscape and how the design is sensitive to the existing historical buildings in the area Options shall be provided that explains how the cultural heritage resources may be conserved, if at all, relating to their level of importance. Methods of mitigation may include the adaptive re-use of the buildings or the relocation of buildings. Proposed alterations and demolitions must be justified and explained as to the loss of cultural heritage value and impact on the streetscape/neighbourhood context. Recommendations shall be as specific as possible,describing and illustrating locations,'elevations, materials, landscaping etc. The assessment shall be conducted and the information prepared by a member of the Canadian Association of Professional Heritage Consultants. 6 PLANNING RATIONALE REPORT The Planning Rationale brings together all of the other required studies'analysis and conclusions into a coherent case for the development. Please ensure the following items are addressed: Addressed? Y or N Planning Rationale Report Checklist Provide a description and clear understanding of the proposed amendments Provide all statistics(i.e. Height, density), site and contextual considerations Conformity with all Provincial policies and regulations(e.g. Growth Plan, Provincial Policy Statement etc.) Conformity with Durham Regional policies and regulations (e.g. Durham Regional Official Plan) Conformity with general goals and policies of the Clarington Official Plan Conformity with the specific goals and policies of the Newcastle Village Centre Secondary Plan Compatibility of the proposed use with the existing, surrounding uses Suitability of the site to accommodate the use Provide an analysis and opinion as to why the proposal is good planning, including an evaluation of potential impacts. The report shall be prepared by a registered professional planner to the satisfaction of tha Mi inirinnfity NOISE IMPACT ASSESSMENT The purpose of the Noise Impact Assessment is to provide an analysis of anticipated future noise levels within and surrounding a proposed development. Please ensure the following items are addressed within the assessment: Addressed? YorN The number and nature of highly intrusive noise events in a variety of conditions and the feasibility of achieving acceptable levels of noise im An analysis of anticipated future noise levels within and surrounding a proposed development Describe the types and locations of noise abatement measures which will be required to attenuate noise The noise study shall be prepared be a qualified acoustical engineer to the Municipality's satisfaction. TRAFFIC IMPACT ASSESSMENT The purpose of the Traffic Impact Assessment will be to identify the impacts of the proposed development on the transportation system. Planning staff have identified a number of issues which should be addressed, in addition to any requirements of the Engineering Services Department. Please ensure the following issues are addressed in the assessment: 001 w w 00 I W _Pb The Traffic Impact Assessment is subiect to the approval of the Director of Fneineerina iarvirac anri tharafnra nr1r1iti-1 rn 1+ +;,. ..,;+4 Addressed? Y or N Traffic Impact Assessment Impacts of truck movement on pedestrian activity, as well as on existing traffic conditions along North Street and King Avenue. Please provide a brief discussion on existing traffic conditions; Consider joint parking and street access between abutting properties to facilitate the movement of vehicles and improve the supply of parking, in general, downtown. Consider the establishment of private laneways to permit ease of movement between adjoining commercial properties; Ensure that the proposed development does not negatively impact the operation, safety and capacity of the existing road network. veparEment may oe requirea io ensure that au required information is provided within the assessment to address all of the Engineering Department's concerns. MUNICIPAL GUIDELINES The following Municipal Guidelines have been prepared in order to ensure that any development proposal will result in the enhancement of the urban landscape, which will assume a vital function in making our urban areas a practical, pleasing and attractive,environment in which to live. LANDSCAPE DESIGN GUIDELINES After preliminary review of the proposed site design,staff have identified four(4) potential areas of the site which can be enhanced through different landscape treatments. Please ensure the following issues are addressed through the landscape design proposal : Addressed? Y or N Landscape Design Guidelines Checklist Provide screening of Commercial uses/parking/loading from surrounding residential properties, by providing a high quality landscape strip including a low wall and street trees to provide a sense of enclosure to the street and screen the parking areas along the north property limits through the installment of perimeter fencing; Provide foundation plantings near the entrance(s)to the building to provide areas of visual interest and ensure that all pedestrian walkways are to be of a hard surface material other than asphalt; Along King Avenue East special treatment shall be considered to take into consideration the pedestrian activity along the sidewalks(i.e.sitting areas, planters, etc.); Landscape islands shall be provided within the parking areas, as well as internal pedestrian walkways to ensure the safe movement of pedestrians and vehicles. Pedestrian walkway connections shall be made from the North Street frontage and King Avenue frontage (please consider a shared pedestrian access from Mill Street North) When designing a parking layout, please consider the conservation of existing mature trees and vegetation on the subject property. All Landscape standards are within the Landscape Design Guidelines found here: http://www.clarington.net/htdocs/planning index.html W LIGHTING DESIGN GUIDELINES As part of your submission,a lighting designer shall prepare a lighting plan in an attempt to achieve minimal or no lighting on or beyond property lines. The purpose of the lighting plan is to provide an analysis of the anticipated lighting levels on a proposed development site and potential effects on nearby properties and the night sky.Special consideration shall be had for proposed lighting in and around the areas of the site which abut existing residential properties. Nightscaping analysis is highly recommended to enhance the building and site design features.To complement the historic character of the Newcastle Village Downtown, heritage style fixtures shall be considered.The Municipal Lighting Design Guidelines provide a list of standards for lighting fixtures, pole height,vertical luminance etc. The Lighting Design Guidelines are available online at: http://www.clarington.net/htdocs/planning index html REQUIRED DRAWINGS AND REPORTS TYPE OF DRAWING/REPORT NUMBER OF COPIES REFERENCE PLAN/SURVEY 1 OVERALL SITE PLAN 15 GRADING/DRAINAGE PLAN 10 SITE SERVICING PLAN 10 LANDSCAPE PLAN 10 FLOOR PLANS/ROOF PLANS 3 BUILDING ELEVATIONS 10 SEDIMENT/EROSION CONTROL PLAN 5 LIGHTING PLAN 1 LIGHT FIXTURE DETAILS 1 COLOURED ELEVATIONS/PERSPECTIVE 5 PLANNING RATIONALE REPORT 5 HERITAGE IMPACT ASSESSMENT 5 TRAFFIC IMPACT ASSESSMENT 5 STORMWATER MANAGEMENT REPORT 5 PHASE 2 SITE ASSESSMENT 5 NOISE IMPACT STUDY 5 In addition to paper copies,please provide the Municipality with a digital copy of all drawings/reports. Any further questions and comments can be directed to Ruth Porras(ext.2412) and/or Meaghan Harrington(ext.2419) at 905-623-3379 A copy of all application forms can be found online at: http://www.clarington.net/htdocs/planning app forms html 0o I w W • arm n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law #: N/A Report#: PSD-040-11 File #: S-C-2007-0007 Subject: REQUEST FOR EXTENSION OF DRAFT APPROVAL APPLICANT: PRESTONVALE HEIGHTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-040-11 be received; 2. THAT the request to extend the lapsing date for draft approved Plan of Subdivision S-C- 2007-0007 until October 2014 be approved; 3. THAT a copy of Report PSD-040-11 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD-040-11 and any delegations be advised of Council's decision. Submitted by: / -- Reviewed by: Da J. Crome, MCIP, RPP Franklin Wu Dirtor, Planning Services Chief Administrative Officer TW/CP/df/ah 27 April 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 8-36 REPORT NO.: PSD-040-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Prestonvale Heights Limited 1.2 Proposal: To extend the lapsing date for draft approved Plan of Subdivision S-C-2007-0007 until October 2014 for a 156 unit project 1.3 Area: 6.657 ha (16.449 ac) 1.4 Location: The subject lands are located on the west side of Prestonvale Road, north of Bloor Street and west of Meadowglade Road (Attachment 1) 2.0 BACKGROUND 2.1 On October 22, 2008 an application for proposed Draft Plan of Subdivision S-C-2007- 0007 was issued draft approval. The draft approved plan includes 90 single detached units, a medium density block for 66 townhouse units and various blocks for road widening, site triangles and reserves (see Attachment 2). 2.2 A standard provision within the conditions of draft approval for the subject lands, including the conditions issued October 22, 2008, indicates that if final approval of the plan is not given within three years of the draft approval date, draft approval will lapse and the file shall be closed. However, reasonable extensions to draft approval may be granted by the approval authority. These provisions are authorized under Sections 51(32) and 51(33) of the Planning Act, where approval authorities may provide a timeframe where an approved Draft Plan of Subdivision lapses after a period of no less than three (3) years. The approval authority may extend the approval for a time period specified by the approval authority and may further extend it; but no extension is permissible if the approval lapses before the extension is given. The approval for Draft Plan of Subdivision S-C-2007-0007 will lapse on October 22, 2011 if an extension is not granted. 2.3 The applicant/owners of Draft Plan of Subdivision S-C-2007-0007 have indicated to staff that they intend to fulfill the conditions of draft approval for registration within the next year. This will be done once their project on adjacent lands is complete (Huntington Phase II). Staff is currently processing a Site Plan application for the townhouse block (SPA 2009-0014). The applicant/owners are requesting an additional three (3) year extension of draft approval. 3.0 STAFF COMMENTS 3.1 The purpose of this report is to consider whether the conditions of draft approval for S-C-2007-0007 should lapse on October 28, 2011 as scheduled, or should be reasonably extended. 8-37 REPORT NO.: PSD-040-11 PAGE 3 3.2 The applicant's proposal to extend the draft approval period an additional three (3) years, until October 2014, is considered to be warranted at this time, and staff provides the following rationale: • The subject development within the Provincial Growth Plan is designated greenfield area which requires 50 residents per hectare. The draft approved plan has a site area of 6.657 ha and will generate a population of approximately 441 people, or 66 residents per hectare. The application continues to be consistent with the current Regional and Provincial Policies with regards to managing growth; and • The Region of Durham Planning Department and Clarington Engineering Services offered no objections to the proposed draft approval extension. 3.3 Taxes for the subject property are paid in full. 4.0 CONCLUSION 4.1 In consideration of the comments noted above, staff recommends approval of an extension of draft approval until October 2014. Staff Contact: Tracey Webster Attachments: Attachment 1 - Property Location Map Attachment 2 - Draft Approved Plan of Subdivision List of interested parties to be advised of Council's decision: Janice Robinson Nick Mensink Doug Wilson Heather Black 8-38 Attachment 1 to PSD-040-11 \; I \ ) PROPOSED 4 - DRAFT PLAN FOR 14 '. _ Blockt86•REGISTERED PLAN 4OM-2148 F I• 1- =::.} /,;/ }— MUNICIPALITY OF CLARINGTON REGIONAL MUNIaPA(JTY OF DURHAM w'- '•' - I ri " �! '�; JLL J r -•ap, l 81^ 9 10 11 12�113 14-15 16 17'19 119 20n 21 y61 J. uamo.w nom. 89 81 58 57 56 55 54 35 541 33 32 iia , ni180 ± w"ss, - 36m'J' -/ .-BLOCK TOWNHOUSES' `. BLOCK 91 �52, �.., ha_3.66 Du)" ,:jg - 61 51.- .(66U p7 :b (6bUnits 44uph. :G _ s - --62� SD 28 26 rIfl�JS' V 55 47 r`.: 67 be 69 70 hl • tlt ii 11 r 22 X' '- l :.. ----- _.. I I •7_I.I � .I _ I j., .. .... —. •'SubjeC to ttle�F pens Sat•;o, imoar` I II leti27d2ted.... ' -- .. --. chisGrtt•,plzn is apor04ed under SecCcn 01 of-he Plenning?a`±'P a0 90;o.R= o h(Qs�.-I�- -ly-cf �`s'tY�VM�7ef_ • I I I i I r l2J�u:� REVISIONS S" . � ♦mot w.+ua w.. i- �- — i _ — �,'• SEC710N 51(2)OF THE PLANNING ACT�� I! C-,0!"C A.\-.N::' = IIC=$ %•i roWIFJt'S 00i61GTE SURJEYOIi'S 6RTi1GR _.. .. SCHEDULE OF LAND USE Plestonvale Heights J.D.Sames Limited I Low DENSITY RESIOD n C Limited awweo,t a ax.cw,v 1°v 24/dOr i -S N°y 2S/OT 1 �Oxi6u®�aGYI[� sK T-A (w a,sryuues) cx-loa x sI-a i s Imsf.ums> SE�NOS.SSSOCIATES mrAL 6 unrls Low DF2m1Y RE90ENIIAL(mlwe/m ux61 'n0 S. Cow i905.fi66.6t02 __ .. ...._.+ =AL AREA LOW OFNIM PFSDFNTIAL - an.ti 19u61 F90S432.3677 Wh961,0 N somaz.oxn II YEDILIN OENSIY AE510E1(nAl �_```o_•LIN W MTw 1 nFNTL�L HUNTINGTON PHASE 111 O3mRE5QNS Draft Plan ' i tx°Tb _ �epTb ON. - I I I I I I •of 610nrnw. 6.657 h° eabx9 R, DN wbuHC 8-39 2 3 4 5 90 89 7 III 8 9 10 11 88 / 87 / 86 S T R E / 85 Proposed 84 _ 6m Access to 83 M d .1 d 82 ME/) 13 14 15 15 17 18; 20 21 ,I'I lal QI A /c; l ea owvc a oc 81 `I (No Reserve) 58 57 56 55 54 I 35 34 33 32 31 80 59 53 BLOCK TOWNHOUSES 36 79 30 �I BLOCK 91 60 52cxi (1.481 ha — 3.66 ac.) 78 67 37 29 ml (66Units — 44upha) 51 38 l' I 77 � \ 62 50 28 I�I 76 � 39 s—.., 63 49 27 I—1 61 1 \ 75 40 \ 64 74 48 '41 26 c Proposed 65 I I� /1.� \ 6m Emergency 73 47 42 I=I 25. Access to Bloor St. 43 I OI \ 72 66 67 68 69 24 ao m 71 23 70 � q4 I I� T \ 0.3n, I�'I Reserve 46 22 �I C�2� Property Location Map (Courtice) SC 2007-0007 Draft Plan of Subdivision Amendment 0 Z Owner: Prestonvale Heights Limited WEM. • lar� n Leadin the Wa REPORT g y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law #: Report #: PSD-041-11 File #: PLN 37.4 Subject: COURTICE COMMUNITY IMPROVEMENT -2011 CAPITAL FUNDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT PSD-041-11 be received; 2 THAT Option 1, the development of the parkette at the northwest corner of Trulls and Highway 2, be approved as the Courtice Community Improvement Project identified in the Capital budget; and 3. THAT Staff be authorized to proceed with the design, tendering and construction of the Courtice Community Improvement project for 2011. Submitted by: f f� Reviewed by: David . rome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer FL/df 2 May 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)6239 8-41 REPORT NO.: PSD-041-11 PAGE 2 1.0 BACKGROUND 1.1 The capital budget includes monies in the amount of$100,000 for a capital project along Highway 2 in Courtice as a community improvement project. Council requested a list of options for the selection of an appropriate project. 2.0 POTENTIAL PROJECTS OPTION 1 The suggestion from Staff was to fund the development of the parkette at the northwest corner of Trulls and Highway 2 as a beautification feature along the corridor that could, in future, also serve as a trailhead for trails along Black Creek. Attachment 1 is a photo of a similar project that was included in the Courtice Main Street Master Development Plan Report that was adopted by Council in September of 2010. OPTION 2 Included in the 2001 , Courtice Corridor Study was the suggestion of the development of a lookout/seating area on top of the box culvert on the north side of Highway 2 at Farewell Creek. While no visualizations or cost estimates were included in the study this area was identified as a "gateway" from the west. The Municipality installed an entry feature in 2006 at a cost of approximately $92,000 which now serves as the entry to Courtice rather than development of a seating area atop the box culvert which was deemed to be too exposed and noisy for use as a seating area. Attachment 2 is a picture of the box culvert and Courtice Entry Feature. OPTION 3 Another recommendation of the 2001 study was to include banner poles along Highway 2, which would add to the streetscape and announce the Courtice Main Street Area. A banner pole (Attachment 3) was installed on the median in 2002 as part of the roadway operation improvements carried out by the Region. The banner pole and arms were paid for by Clarington. Typically in "downtown" areas the banners are the responsibility of the BIA; Courtice does not have a BIA and the banner installed was to support the troops. Additional banner brackets could be added to existing poles and banners installed. The recommendation for the installation of banners was repeated in the Courtice.Main Street Corridor Master Development Plan Report. Should Council wish the CIP funds to be used for the implementation of a banner program, it will have implications for the use of CIP funds in Orono, Bowmanville and Newcastle, where to date the banners have been funded by the BIA's. 8-42 REPORT NO.: PSD-041-11 PAGE 3 OPTION 4 The installation of a staircase leading from Highway 2 down to Old Kingston Road would improve access (Attachment 4) to the future park that will be established on this site (once valleyland dedications are received to expand the trail system). As part of this project, Staff would also recommend improvements to the park site such as decorative fence along the driveway and a formalized pedestrian entrance. While this area is envisioned as a future park and trailhead area Staff are reluctant to recommend full development at this time until the trail connections can be made. This project is out of view of most residents and vehicles passing along Highway 2. 3.0 COMMENTS 3.1 Other potential projects have been reviewed by the Managers of Park Development and Special Projects such as whether the trailhead and trail extensions could be developed north and south along Farewell Creek; however, the steep valley slopes and lack of Municipal ownership of specific parcels limits this option. Overall, along the Courtice Highway 2 corridor there are at this time, limited opportunities for improvements as Municipal ownership and the topography of the Municipally owned sites are challenging. 3.2 To date the types of community improvement works that have been carried out in Courtice have addressed gaps in streetscape development (e.g. tree planting) and identification of the trailhead that was acquired at 71 Old Kingston Road. Report PSD-006-11 outlined the works that have occurred utilizing the community improvement funding. 3.3 No grant program exists for Courtice merchants at this time as no formal Community Improvement Plan has been written or adopted. To provide financial incentives such as grants or loans to private property owners from taxation monies a Community Improvement Plan is required as set out in the Planning Act and Municipal Act. 3.4 Council has requested that a Courtice Community Improvement Plan be prepared similar to the Plans that exist for Bowmanville, Orono and Newcastle. A Courtice CIP study is scheduled as part of the 2012 work program of the Planning Services Department and would build on the September 2010 approved Courtice Main Street Master Development Plan Report. The next step for the Courtice Main Street Master area is the preparation of a Secondary Plan, which is part of the 2011 work program for Planning Services and is currently underway. Advancing the CIP study would shift staff resources from the preparation of the Secondary Plan which is one of the special projects of the Official Plan Review. 8-43 REPORT NO.: PSD-041-11 PAGE 4 4.0 CONCLUSIONS 4.1 Staff have reviewed the various options available for capital development along the Courtice Main Street and recommend that the parkette on the northwest corner of Trulls and Highway 2 be undertaken for the funding identified in the 2011 Capital budget. Staff Contact: Faye Langmaid Attachments: Attachment 1: Option 1: Concept for the parkette at northwest corner Trulls and Highway 2 Attachment 2: Option 2: Box culvert and Courtice Entry Feature Attachment 3: Option 3: Banner Pole Concepts Attachment 4: Option 4: Potential stairway access point and park at 71 Old Kingston Road 8-44 Option To Re port ' 1' PARKETTE CONCEPT 1�;+ •i�7G��i� n � .r ��+v ••AD FL PARKETTE • • • w CONCEPT �. • • • I • • a1 LL • • Attachment 2 — Option 2 To Report PSD-041-11 BOX CULVERT 's co ice. /03P� WEST GATEWAY N AD 0 Q O w WEST °a > GATEWAY H WAY 2 BOX CULVERT LL LL F- U 8-46 Attachment 3 — Option 3 To Report PSD-041-11 7 c i c ti( redbc 1- 12Y% ar,. as. .. YMrt TMt1Y• TMCIw PYY 11WiA fati Mt Y+� 4'1 Proposed Section Rendering - r. Gateway Rendering POTENTIAL LOCATIONS FOR BANNER POLE AND BRACKETS R AD 0 O LL � oQ M HIGHWLY 2 ONLY EXISTING ft LL BANNER POLE I�I AND BRACKETS l� 8-47 Option To R'•• / 04 s b� PARK [ STAIR � Y 4 I N ♦D ui STAIR• • • I I • 11 I I // r 11 • U. PARK • -/ • �� • I - �I • • I/ LL I • • Leading the Way ' REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law#: N/A Report#: PSD-042-11 File #: PLN 34.11.52 Subject: POTENTIAL ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST; 37 NORTH STREET AND 51 NORTH STREET RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-042-11 be received; 2. THAT the Clarington Heritage Committee be requested to carry out further investigation and research on 51 North Street, Newcastle Village; and 3. THAT all interested parties listed in Report PSD-042-11 and any delegation be advised of Council's direction. ZDn Submitted by: Reviewed by: David J. rome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer L/F L/df 3 May 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-49 REPORT NO.: PSD-042-11 PAGE 2 1.0 PROTECTING CULTURAL HERITAGE RESOUCES 1.1 In achieving its cultural heritage objectives, the tools that the Municipality has at its disposal are the goals and objectives of the Official Plan, the Provincial Policy Statement and the Ontario Heritage Act. The Clarington Official Plan sets out the goal of preservation, restoration and utilization of Clarington's heritage resources and the Provincial Policy Statement states that significant*built heritage resources and significant cultural heritage landscapes shall be conserved. 1.2 , The Ontario Heritage Act was amended in 2005 to provide municipalities with greater control over demolition of heritage resources along with other matters. The amendments to the Act permit the Register of heritage resource properties to include non-designated properties that the Council believes to be of cultural heritage.value or interest. Because Clarington has a municipally appointed heritage advisory committee, Council is required by the Ontario Heritage Act to consult with the committee prior to adding or removing a property from the Register. 1.3 If a non-designated property is listed on the Register the owner of the property cannot demolish or remove a building or structure unless they give Council at least 60 days notice in writing of their intentions. The notice is to include such plans and information as Council may require to make an informed decision. The 60 day period allows Council time to consider whether a demolition permit should be issued or whether the property should be designated. 1.4 The Municipality's Register currently contains properties that have been designated under the Ontario Heritage Act and non-designated properties which are listed in Attachment 1. 2.0 ADDITION OF 37 NORTH STREET AND 51 NORTH STREET TO MUNICIPAL REGISTER 2.1 On April 19th, 2011 the Clarington Heritage Committee (CHC) reviewed the development applications filed by Newcastle (King) Developments Inc. for an Official Plan Amendment, Zoning By-law amendment and Site Plan approval for the properties identified as 37 and 45 North Street, and 80, 92 and 100 King Avenue West (Attachment 2). The properties subject to the development application are currently owned by Syvan Developments Limited, Yvonne Gilkes and Mildred Fisher. Syvan is not one of the partners in the development application. The development application is the subject of PSD-039-11. 2.2 . The houses located at 92 King Avenue West and 37 North Street have been identified in the inventory of built cultural heritage resources as buildings having Heritage Merit. Heritage Merit structures are buildings generally built between 1900 and 1950 and have most of their original architectural features intact.. Buildings built prior to 1900 that have been significantly altered but historical connections to a community are also listed as Heritage Merit properties. 8-50 REPORT NO.: PSD-042-11 PAGE 3 2.3 Heritage Impact Assessments were completed by a consultant for the development as part of the planning application process for 92 King Avenue West and 37 North Street. Syvan Developments Limited is the current owner of 37 North Street and 92 King Avenue West. Both Assessments concluded that the owner not the development applicant consider moving the houses to other lots in or near Newcastle, assuming a buyer could be found who would be willing to bear the moving costs and accomplish the move in a reasonable time to not impede the development. 2.4 92 King Avenue West Syvan Developments have considered the recommendation to move the wood frame building at 92 King Avenue West and have informed Staff that, in their opinion the poor condition of the house, its size, and the cost, do not warrant moving the building. Staff and the CHC concur with the owners' assessment of the condition of the building. Given the lack of any architectural, historical or associative value Staff agree with the owners intention to demolish. A demolition permit was issued on April 26th, 2011. 2.5 37 North Street The Heritage Impact Assessment for this building concluded that it did not meet the criteria for designation under the Ontario Heritage Act as the property did not appear to have any strong historical connections to the community and its architectural style is not a rare or unique example that should be conserved. Syvan Developments have informed staff that the building is occupied by residential tenants at this time and that they have not determined if they are going to demolish the building or if they will be moving it to another location. NixttI� S•: s!. 2.6 51 North Street 51 North Street is immediately north of the development application and is a residential. property owned by Kevin and Darlene Hawes. The building is recorded in the inventory of built cultural heritage resources as Heritage Merit. It was noted during the CHC meeting that this property has cultural heritage value to the community as it was built by Lewis Wilmot in 1857. Lewis was the brother of Samuel Wilmot, who was the developer 8-51 REPORT NO.: PSD-042-11 PAGE 4 of one of the earliest and largest fish hatcheries in North America. Lewis operated a tannery on the property which extended along the south side of Wilmot Street. The house became a Lovekin residence through marriage as it was once the home of Judge Richard Lovekin's grandmother. r 2.7 Potential Addition to Municipal Register The CHC reviewed the proposed development within the context.of its compatibility with the existing heritage architecture in the downtown core, and its impact on the heritage buildings on the site. In order to give Council the opportunity to comment on the possible demolition of 37 North Street, and in order to recognize the cultural heritage value of 51 North Street, the CHC passed a motion recommending the addition of both buildings to the Municipal Register as Non-Designated Properties of Cultural Heritage Value or Interest. 2.8 The owners of 51 North Street have stated that they object to having their property listed on the Municipal Register. They plan to sell the house and are concerned that listing the house on the Municipal Register would have a negative impact on its resale. 2.9 Syvan Developments have stated that since the Heritage Assessment of 37 North Street found neither historical significance nor architectural significance they do not support the property being listed on the Municipal Register (Attachment 3). 3.0 COMMENTS 3.1 The Ministry of Culture has prepared a list of criteria for determining a property's cultural heritage value to a community prior to designating a property under Part IV of the Ontario Heritage Act. The criteria can also be used as a guide for evaluating a property before adding it to the Municipal Register as a non-designated property of cultural heritage value or interest. Factors to be considered include: • Does the property have design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method; 8-52 REPORT NO.: PSD-042-11 PAGE 5 • Does the property have historical value or associative value because it has direct associations with a theme, event, person, activity, organization or institution that is significant to a community; and • Does the property have contextual value because it is important in defining, maintaining, or supporting the character of an area, is physically, functionally; visually or historically linked to its surrounds, or is a landmark. 3.2 The house located at 37 North Street is representative of houses built during the 1940s. The main portion of the house is constructed of brick and it has a stone front porch and a stone chimney on the south side. The house was most likely built by or for Carl Weyrich. Weyrich was the owner of Weyrich Wood Products, which was located to east of the house on what is now vacant land. While the house appears in good condition, the Heritage Assessment does not provide sufficient justification to add the house to the Municipal Register or to support its designation under Part IV of the Ontario Heritage Act. . 3.3 The Lewis Wilmot house located at 51 North Street has historical and associative value to the community. The house has stood in the same location since it was constructed in 1857. Very little of its original exterior architectural features remain, however its historical association with the Wilmot and Lovekin families, and its connection to the Wilmot tannery business on Wilmot Street indicate that it does have cultural heritage value in its current location. 3.4 While detailed research and evaluation of a property is not required prior to adding a building to the Municipal Register as a non-designated Property of Cultural Heritage Value or Interest it has typically been how the Muncipaliyt has proceeded. Also, consultation with a property owner prior to adding a building to the Register is not required but has been the Municipality's practice. 3.5 The Ontario Building Code requires demolition permits for residential structures to be issued within 10 days of application, permits cannot be issued until the utilities are disconnected and a permit is valid for six months. No prior consultation.with Council is required for demolition unless the building is subject to the requirements of the Ontario Heritage Act. The purpose of listing a building on the Municipal Register is to give Council a 60 day period to decide if a built cultural heritage resource can be demolished or moved off site, or if the building should be formally designated under the Ontario Heritage Act. Council may ask for any plans or information that they may require prior to making a decision to remove a property from the Register such as a structural report or detailed justification for demolition. 3.6 The CHC are requesting Council consider adding 37 North Street to the Municipal Register in order to provide the opportunity to be informed of the possible demolition or relocation of the structure. Given that the Heritage Assessment prepared, submitted and accepted by the Municipality does not find the building worthy of designation, Staff do not support the recommendation of the CHC. The owner could relocate the building or request a demolition permit. They should not be required, in Staff's opinion, to carry out additional steps. 8-53 REPORT NO.: PSD-042-11 PAGE 6 3.7 The request to add 51 North Street to the Municipal Register has been based on its cultural heritage connections to the community. Additional research on this property and its inhabitants will be required to determine if it is worthy of heritage designation. Staff are recommending that the additional research be undertaken and a more fulsome report can be brought back to Council to support its inclusion on the Municipal Register. The building is not in imminent danger of being demolished and is not part of the development application which is the subject of Report PSD-039-11. 4.0 CONCLUSIONS 4.1 The owners of 37 North Street and 51 North Street object to being placed on the Register, however, neither owner has indicated that they have immediate plans to demolish the homes. Syvan Developments have not determined if they are going to demolish the house at 37 North Street or move it to other lands that they own nearby. The Hawes have indicated that they plan to sell the house at 51 North Street and do not want any potential sale to be impeded by the building being listed on the Municipal Register. 4.2 In the case of 37 North Street listing of the home on the Municipal Register was suggested by the CHC as a way of providing Council with information with regard to the homes relocation or demolition. Staff can inform Council of the decision of the owner on relocation or demolition, when the owner has determined how they will proceed. 4.3 In the case of 51 North Street additional research should be undertaken by the CHC and Staff to determine the associative value the property has to important historical characters that influenced the development and history of Newcastle, the Wilmots and Lovekins. The addition of this home to the Municipal Register will be the subject of a future report to Council. Staff Contact: Isabel Little Attachments: Attachment 1 — Municipal Register of Non-designated Properties Attachment 2 — Location map Attachment 3 — Syvan Developments response List of interested parties to be advised of Council's decision: Ontario Heritage Trust CHC Ministry of Culture Clarington ACO Syvan Developments Kevin and Darlene Hawes 8-54 Attachment 1 To Report PSD-042-11 NON-DESIGNATED'BUILDINGS ON..THE'° MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST _ MUNICIPAL;:ADDRESS 'STRUCTURE, REPORT# Boys Training School /POW Triple Dorm PSD-016-10 Camp Kiwanis House 2020 Lambs Road, Infirmary Bowmanville Dining Hall Natatorium Jury House 19 Y2 - 23 King Street West, Commercial / PSD-040-09 Bowmanville Residential Building 33 King Street West, Commercial / PSD-040-09 Bowmanville Residential Building 106 Beaver Street South, Cement Block House PSD-055-09 Newcastle Village PSD-117-09 107 Beaver Street South, Cement Block House PSD-055-09 Newcastle Village PSD-117-09 5531 Bethesda Road, PSD-090-09 Stone House Darlington Township 5681 Acres Road, Darlington Stone House PSD-099-09 Township 15 King Avenue West, PSD-031-10 Newcastle Village Commercial Building 4 and 10 King Avenue East Commercial Building PSD-031-10 7755 Old Scugog Road, PSD-072-10 Enniskillen Accessory building 5658 Bethesda Road Brick House PSD-032-11 7500 Highway 35/115 Stone House PSD-032-11 8-55 Attachment 2 To Report PSD-042-11 129 106 115 68 64 58 54 50 98 WILMOT STREET 88 81 53 Proposed 57 Supermarket Site 78 51 68 45 '37 58 W W 2 26 24 O z 20 100 92 80 72 20 14 11OB KING AVENUE EAST 16 119 115 109 101 123. 45 Property Location Map (Newcastle Village) N ® 51 North Street w F 37 North Street s 8-56 Attachment 3 To Report PSD-042-11 20 ROBERT STREET WEST, UNIT A NEWCASTLE, ONTARIO LIB IC6 Bus.905-987-3211 Fax 905 987-3083 DEVELOPMENTS Toll Free 1-866-987-3211 i i M I 7 E D �l'1Y1Y.5�'VaIE.e(3ri� April 25, 2011 Isabel Little Heritaue Committee Planing Dept. Municipality of Clarington Dear?i k Little: RE: 37 North Street. Newcastle As the beneficial owner of the above property(37 North Street is owned by Sylvia Vanhaverbeke in Trust for Syvan Developments Limited), we are oMrin<g our comments on the proposal to list the property on thin Municipal Register of'Cultural Heritage Properties. Mince an investigation into the property found neither historical significance nor architectural significance,we do not support this property being listed.on the Municipal .Register of Cultural Heritage Properties. We are very responsible; property owners and will do our best to benefit the community with this property,, as we do with all of our properties. Thank V011 for considerina our position on this. I would be happy to address any questions or concerns. Sincerely, SYVAN DEVELOPINMENTS LI:NIITED Vanhaverbeke p1 7`mordtlteritane listing liner apr?a'_O11 8-57 • Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINSTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law#: Report#: PSD-043-11 File #: RE 6.8.4 Subject: SOPER CREEK VALLEY LAND ACQUISITION 1220 HAINES ROAD, PARTS 1 — 5, PLAN 40R-21674 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-043-11 be received; 2. THAT the property identified as 1220 Haines Road, Bowmanville, Ontario and being more particularly described as Parts 1, 2, 3, 4 and 5 on Plan 40R-21674, Part Lots 8 and 9, Concession 1, former Town of Bowmanville and later.the Town of Newcastle, now the Municipality of Clarington, Regional Municipality of Durham, be purchased for the price of Fifty Five Thousand ($55,000.00) dollars, subject to adjustments; 3. THAT the funds for the purchase, and any associated costs, be funded from the Land Acquisition Account (110-50-130-850002-7401); 4. THAT the Mayor and the Clerk, on behalf of the Municipality, be authorized to execute an Agreement to acquire the property; 5. THAT Staff and the Municipal Solicitor be directed to take all necessary actions to complete the transaction; and 6. THAT all interested parties listed in Report PSD-043-11 be notified of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 8-58 REPORT NO.: PSD-043-11 PAGE 2 Submitted by: - Reviewed by: Davi . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer F L/df 27April 2011 8-59 REPORT NO.: PSD-043-11 PAGE 3 1.0 BACKGROUND 1.1 In 2000, the Municipality completed a Land Acquisition Strategy Report that provided a phased approach to the acquisition of land for a variety of public uses. The Strategy was intended to serve as a guide for land acquisition in accordance with the policies of the Official Plan. In February 2007, an update to the Land Acquisition Study and Financial Analysis was completed and adopted by Council. The valleyland portion of the property at 1220 Haines Road (Attachment 1) was identified in both studies as a long term acquisition. The Municipality owns the Soper Creek valleylands to the west and the Bowmanville Cemetery to the east. The acquisition of these environmental protection lands adjacent to Soper Creek would be for erosion control and floodplain purposes. Some residual land may become part of the cemetery; however, the majority of the land will be for environmental protection. 1.2 At the meeting held on November 24, 2008, Council considered correspondence from Mr. Neil Clark of Greeley Containment and Rework Inc. regarding his request to enter into discussions with the Municipality for the possible exchange of lands involving 1220 Haines Road owned by 1472583 Ontario Limited and other properties that the Municipality owns along Haines Road (Attachment 2). 1.3 There have been ongoing discussions between Staff and a representative of 1472583 Ontario Limited regarding the properties suggested in the exchange. The discussions included the value of the property being offered to the Municipality. The lands Mr. Clark was seeking are future expansion area for the cemetery and not proposed for disposal. 1.4 In mid-February of 2009, the Municipality was asked if they would like to purchase the land outright and what their offer would be. The Municipality had had an appraisal prepared in 2002 when attempting to purchase the property from the previous owner. At that time the land was valued at $33,000. 1472583 Ontario Limited purchased the land for $48,000 in 2003. The majority of the land is Environmental Protection and within the floodplain of the Soper Creek. There is some tableland to the west of the cemetery and a 3 metre wide lane from Haines Street to this property. Other than the lane there is no road access to this property, the lane does not constitute a legal road access. Municipal Staff offered to take a recommendation of$55,000 for the entire parcel to Council for approval. 1.5 1472583 Ontario Limited appealed the assessed value of the land to MPAC for reassessment as managed forest. In late 2010 representatives of 1472583 Ontario Limited again contacted the Municipality with an offer to sell the property to the Municipality for $90,000. Staff indicated the lands being purchased must be close to the estimated fair market value, and since the lands are Environmental Protection the significant increase in the purchase price cannot be justified. However, there is an approximate 1.6 acre (0.56 ha) portion of the lands that are developable and the Municipality could sever these lands and leave them in the ownership of one of Mr. Clark's companies if the parcel were melded to the property to the immediate south. 1.6 Since November 2010 we have been in ongoing discussions with representatives of 1472583 Ontario Limited. CLOCA has indicated what lands would be developable and mapped these lands (Attachment 3). The final alignment of the property to remain in 1472583 Ontario Limited ownership will have to be surveyed once both parties have signed the Offer to Sell. 8-60 REPORT NO.: PSD-043-11 PAGE 4 1.7 The closing date of the transaction is June 2, 2011 before which the Municipality will have to assure itself that the environmental condition of the Property will not require remediation measures to be undertaken to make it or any portion of it suitable as a cemetery or for use by members of the public as open space accessible to the public. 2.0 CONCLUSION 2.1 The valleyland portion of this property is an environmentally sensitive area which has been identified in the Council adopted Land Acquisition Strategy Report for acquisition. The Municipality owns the Soper Creek valleylands to the west and the tablelands to the east, which include the Bowmanville cemetery. The Municipality may utilize any tableland portion of the property that abuts the cemetery as expansion of the cemetery although this is very limited. The lands incorporate a 3 metre wide lane that effectively prevents the orderly expansion of the Bowmanville Cemetery, dividing the existing and future expansion areas. The acquisition of this site would contribute to the Land Acquisition Strategy's goal of public ownership of the Soper Creek valley and facilitates future trail connections from the existing Soper Creek trail to the Clarington Technology Park. 2.2 The area of the parcel to be acquired is approximately 16.4 acres. At an acquisition price of$55,000, the purchase price per acre is $3,350. The Municipality has had several appraisals completed on environmentally protected lands over the past several years. The average per acre price is in the range of$3,000 to $3,500. 2.3 Attachment 4 is the Offer to Sell which has been signed by the property owner. Should Council approve this acquisition, a survey will be prepared for registration purposes that will determine the exact boundary of the lands to be retained by the owner. Staff are recommending that the property acquisition be approved. Staff Contact: Faye Langmaid Attachments: Attachment 1 — Key Map Attachment 2 — Mr. Clarke's Proposal Attachment 3 — Developable lands as identified by CLOCA Attachment 4 — Signed Offer to Sell Interested parties to be notified of Council's decision: Neil Clarke (1472583 Ontario Ltd.) 8-61 Attachment 1 To Report PSD-043-11 W Z \,-! KiAI LLI U3 a. H089S DRIVE FT ASHDALE CRESCENT HAILEY CT Z DEERPARK CRESCENT %, O �1 CL �T@ 1.�1`��ti \\1 i�_i i1\`,+I�%1;!tip♦ vj DEERPARK CRESCENT LL LL IL ,1 m HOBBS DRIVE i 1 ,' J \` \il t♦i Li�1\ I�+ I j W W �L\� I�/, \i`/`i1�1-1♦ lilt+,+1 tE . p Ill v O MORGANDALE C a. iwk- 1 N SOPER COURT ,� `il'��il\,'!..' ♦!limit =�'�\'+�1i"''li-t\` `:Ir,\.1 W Z !+\;i"I�j`"i\�/;ill♦LU CRES �♦ ,\1 ,/` < LLI 't BASELINE ROAD EAST BASE ® Lands To Be Aquired By Municipality Lands To Be Retained By Seller Al 17%7 7711 Other Lands Owned By Municipality Other Lands Owned By Seller 8-62 Attachment 2 To Report PSD-043-11 PROPOSAL To MUNICIPLAITY OF CLARINGTON From Neil Clark(1472583 Ontario Ltd) Objective To exchange a parcel of land Rationale We wish to propose the exchange of land between 1472583 Ontario Ltd & the Municipality of Clarington. We can not build or develop our land due to zoning. This is a beautiful piece of land that would benefit the Municipality of Clarington for use as a conservation area or to expand the cemetery. In addition, with the exchange of land to a M2 zoned area we will be able to provide the municipality with a new business venture, helping the community with the generation of revenue and employment. Land to Exchange • 18 Acres at Mearns Avenue, Bowmanville • Pin Number 266320183 • Current vacant land is zoned EP, M2 • Valued in 2005 at$220,000 • Heavily treed • Adjacent cemetery • Not suitable for business opportunities or development Land desired ■ Zoned M2 ■ Located in a business area ■ Within 1-2km of residential ■ Lot frontage for signage and appeal 8-63 w• - l lands J � to •- in public ow ership developable lands Hazard lands associated with the valley AAA j 1 i Attachment 4 To Report PSD-043-11 OFFER TO SELL The undersigned, 1472583 Ontario Limited (the "Vendor"), hereby agrees to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON(the"Purchaser"),to sell the property known Part of Lot 8 and 9,Concession 1,and Part of the Original Road Allowance between Lots 8 and 9, being Parts 1,2,3,4 and 5 on Plan 40R-21674, Municipality of Clarington,Regional Municipality of Durham(the"Property'),save and except the area shown on Schedule A attached, for the purchase price of FIF'T'Y FIVE THOUSAND($55,000.00)DOLLARS (the"Purchase Price'),subject to adjustments. ADDITIONALLY,the Purchaser agrees with the Vendor to the following terms and conditions: 1. This transaction is to be completed no later than 5:00 p.m. on 31A -_4 rcj ?. 11 2011, (the "Closing Date"), which date may be extended or amended by written agreement of the solicitors for the parties,and on which date vacant possession of the Property is to be given to the Purchaser. 2. This Agreement of Purchase and Sale may be executed in counterparts and delivery of an executed copy of same by each party to the other shall constitute complete offer and acceptance thereof. 3. The Vendor represents and warrants to the Purchaser that during the time the Vendor has owned.the Property,the Vendor has not caused any building on the Property to be insulated with insulation containing ureaformaldehyde,and that to the best of the Vendor's knowledge no building on the Property contains or has ever contained insulation that contains ureafotmaldehyde. This warranty shall survive and not merge on the completion of this transaction. 4 Except as provided in paragraph 6 hereof,the Vendor shall discharge all encumbrances and restrictions registered against title to the Property at its expense on or before the completion of this transaction. 5. The Purchaser is to be allowed until (n4j 2k) 2-,z> t 0011 (the "Requisition Date')to examine the title to the Property at his own expense and to satisfy itself that there are no outstanding orders or deficiency notices affecting the Property and that its present use may be lawfully continued. The Vendor hereby consents to governmental agencies releasing to Purchaser details of all outstanding orders affecting the Property. The Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require in this regard. 6. PROVIDED the title is good and free from all registered restrictions,charges, liens and encumbrances save and except for: (a) any registered restrictions or covenants that run with the land,provided that such are complied with; (b) any municipal agreements and registered agreements with publicly regulated utilities, providing such have been complied with or security has been posted to ensure compliance and completion as evidenced by letter from the relevant municipality or utility supplier,and (c) any minor easement for the supply of domestic utility or telephone services to the Property or adjacent properties. If on or before the Requisition Date any valid objection to title or to any outstanding work order or deficiency notice and which the Vendor is unable or unwilling to remove,remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections,shall be at an end and all monies paid shall be returned with interest but without deduction by the Vendor to the Purchaser. Save.as to any valid objection so made by such day and except for any objection going to the root of the title,the Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 7. (a) This Agreement is conditional on the Purchaser,in the Purchaser's discretion,being satisfied on or before the Requisition Date that the environmental condition of the Property will not require remediation measures to be undertaken to make it or any .portion of it suitable as a cemetery or for use by members of the public as open space 8-65 accessible to members of the public.This condition is for the sole benefit of the Purchaser and may be waived by the Purchaser giving the Vendor written notice that it has been waived. (b) Forthwith after the execution of this Agreement,the Vendor shall deliver to the Purchaser without cost to the Purchaser, all reports, studies or written communications that the Vendor has received from any person or has caused to be prepared dealing with the environmental condition of either the Property.The Vendor will permit the Purchaser,its employees, contractors and agents to enter on the Property to conduct such inspections or tests to determine the environmental condition of the Property during regular business hours,provided that twenty-four (24)hours written notice is given to the Vendor before such entry takes place. S. The Purchaser shall be credited towards the Purchase Price with the amount,if any,which it shall be necessary for the Purchaser to pay to the Minister of National Revenue in order to satisfy the Purchaser's liability in respect of tax payable by the Vendor under the non-residency provisions of the Income Tax Act by reason of this sale.The Purchaser shall not claim such credit if the Vendor delivers on completion the prescribed certificate or the statutory declaration stating that the Vendor is not then a non-resident of Canada. 9. The Vendor shall deliver on the completion of this transaction additional evidence of compliance of the transaction with the Family Law Act, R_S.O. 1990,cF3,as amended, as the Purchaser,acting reasonably,may require. 10. Except as herein expressly provided,this Agreement shall extend to and be binding upon and enure to the benefit of the heirs,executors,administrators,successors and assigns of the parties hereto. MCI 11. THIS OFFER TO BE ACCEPTED BY THE Purchaser on or before 2011, otherwise it shall become null and void. This offer,when accepted, shall constitute a binding contract of purchase and sale and time in all respect shall be the essence of this Agreement. It is agreed that there is no representation,warranty, collateral agreement or condition affecting this Agreement or the Property other than as expressed herein in writing. 12. If this transaction is subject to Goods and Services Tax(G.S.T.)or Harmonized Sales Tax (R.S.T) then such tax shall be paid in addition to the Purchase Price.The Purchaser hereby confirms that the Purchaser is a registrant under the Excise Tax Act (Canada), (Registration No. 106979800RT0001).The Purchaser covenants to remit as required by the Act any G.S.T.or H.S.T payable in respect of the sale of the Property to the Purchaser and to indemnify the Vendor in respect of any G.S.T.or H.S.T.so payable.The Purchaser is not required to remit to the Vendor G.S.T.on the Closing Date.This covenant shall survive and not merge on the completion of this transaction. 13. If requested by Purchaser,Vendor will deliver any sketch or survey of the.Property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date.If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by purchaser on completion,is not available in registrable form on completion,Purchaser agrees to accept Vendor's lawyers personal undertaking to obtain,out of the closing funds,a discharge in registrable form and to register same on title within a reasonable period of time after completion,provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge,together with.a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion of this transaction- 14. The Property shall remain at the risk of the Vendor until the completion of this transaction. 15. The Vendor covenants that the Property will be in a clean condition immediately prior to the completion of this transaction.This covenant shall survive and not merge on the completion of this transaction. 8-66 3 16. This Agreement shall be effective to create an interest in the Property only if Vendor complies with the subdivision control provisions of the Planning Act by completion of this transaction, and Vendor covenants to proceed diligently at her expense to obtain any necessary consent by prior to the completion of this transaction. 17. A Transfer/Deed for the Property shall,save for the Land Transfer Tax Affidavit,be prepared in registrable form at the expense of the Vendor. The Purchaser shall contribute an amount not to exceed$750.00 towards the Vendor's legal costs. If requested by the Purchaser,Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22)of the Planning Act,R.S.O. 1990,c.P.13,as amended. 18. The Vendor agrees to transfer the lands outlined on Schedule"A" attached(.56 hectares)to the adjacent property owner of 222 Baseline Rd.E.,Bowmanville,Ontario(Pin Number 26632- 0364) and to register as soon as possible after closing, a consolidation of parcels for the land described in Schedule"A" and 222 Baseline Rd.E.Bowmanville. This covenant shall survive and not merge on closing. 19. Where each of the Vendor and Purchaser retain a lawyer to complete this Agreement,and where the transaction will be completed by electronic registration pursuant to Part H of the Land Reo siration Reform Act,R.S.O.1990,Chapter L4 and the Electronic Registration Act,S.O.1991, Chapter 44 and any amendments thereto,the Vendor and Purchaser acknowledge and agree that the exchange of closing funds,non-registrable documents and other items(the"Requisite Deliveries') and the release thereof to the Vendor and Purchaser will (a)not occur at the same time as the registration of the transfer/deed(and any other documents intended to be registered in connection with the.completion of this transaction),and(b)be subject to conditions whereby the solicitor(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms of a documents registration agreement between the said solicitors,the form of which is as recommended from time to time by the Law Society of Upper Canada.Unless otherwise agreed to by the solicitors,such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both solicitors. 20. On the closing of the transaction,the Vendor shall provide to the Purchaser,the Purchaser's form of the following documents: a. Undertaking to Re-adjust b. Section 116 of the Income Tax Act/Family Law Act Affidavit C. Declaration of Possession d. Construction Lien Act affidavit 21. Any rents,mortgage interest, and unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall be apportioned and allowed to the day of completion,the day of completion itself to be apportioned to the Purchaser. Realty Taxes including local improvement rates shall be adjusted based on area of parcels sold and retained. 22. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who are hereby specifically authorized to do so. 23. If necessary for registration purposes,the Municipality shall prepare,at its expense,a plan of survey for the Property. 24. Any tender of documents or money may be made on the parties or their respective solicitors. 25. This Agreement shall be read with all changes of gender or number required by the context. 26. Any Notice required to be served by the Vendor upon the Purchaser pursuant to the provisions of this Agreement shall be deemed to be good,valid and sufficient service upon the Purchaser if served personally,mailed by pre-paid registered mail or sent by facsimile transmission addressed to: 8-67 4 Municipality of Clarina on 40 Temperance Street Bowmanville,Ontario LiC 3A6 Attention:David Crome,Director of Planning Services Facsimile No.(905)623-0830 and any notice required to be served by the Purchaser upon the Vendor pursuant to the provisions of this Agreement shall be deemed to be good,valid and sufficient service upon the Vendor if served personally,mailed by pre-paid registered mail or sent by facsimile transmission addressed to: 1472583 Ontario Limited Neil Clark 200 Baseline Road East Bowmanville,Ontario L1C IA2 or such other telefax number or address of which either party has notified the other party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays,Sundays and statutory holidays)shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail,it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing,in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out above,then such notice shall be sent by an alternate means of transportation which it may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. 27. For the purposes of this Agreement,the term"Force Majeure"means any delay for the duration of the delay which is imposed by reason of strikes,lockouts,riots,wars or acts of military authority,acts of public enemies,sabotage,epidemics,washouts,nuclear and radiation activity or fallouts,rebellion or civil commotion,fire or explosion;flood,wind,water,earthquakes or other casualty,or an Act of God and any act,omission or event whether of the kind herein enumerated or otherwise not within the control of the parties none of which has been caused by the deliberate default or act or omission by the parties and none of which has been avoidable by the exercise of reasonable effort or foresight by the parties. DATED at Bowmanville,Ontario this Zb day of A ,, 1 2011. 1472583 ONTARIO LIMITED Neil Clark Title I have the authority to bind the Corporation DATED at Bowmanville,Ontario this -day of 2011 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk We have the authority to bind the Corporation 8-68 HAILEY CT 0� �O Cp V _ Developable Lands atolo32 Approximately.56hectares 63(,x} (Subject to Survey) z z w T BASELINE ROAD EAST J-7 -1 Qaogon " w� Municipality of Clarington Planning services Department 8-69 • Leadin the Way REPORT 8 PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINSTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law #: Report #: PSD-044-11 File #: RE 16.36 Subject: WABBOKISH COURT LAND ACQUISITION BLOCK 43 AND BLOCK 44, PLAN 40M-1742 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-044-11 be received; 2. THAT the Mayor and Clerk be authorized, on behalf of the Municipality, to execute an Agreement to accept the lands identified as Block 43 and Block 44 on plan of subdivision 40M-1742, Part Lot 35, Concession 3, former Township of Darlington from 290572 Ontario Limited; 3. THAT the municipal portion of the outstanding property taxes, and the outstanding Regional and education portion of the property taxes be paid from the Unclassified Administration Tax Write-off Account; 4. THAT the municipal portion of any fees and costs related to the transfer be funded from the Land Acquisition Account (110-50-130-850002-7401); 5. THAT Staff and the Municipal Solicitor be directed to take all necessary actions to complete the transaction and remove the liens from the property; and 6. THAT all interested parties listed in Report PSD-044-11 be notified of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 8-70 REPORT NO.: PSD-044-11 PAGE 2 Cw < . Submitted by: ; Reviewed by: David . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer 28April 2011 I L/FL/df 8-71 REPORT NO.: PSD-044-11 PAGE 3 1.0 BACKGROUND 1.1 Wabbokish Court is part of plan of subdivision 40M-1742 which is located on the east side of Townline Road in Courtice (Attachment 1). The subdivision was developed by 290572 Ontario Limited (Jeffery Homes) in the early 1990s. The north boundary of the subdivision abuts the rear yards of the residential properties located on the south side of Lawson Road. The subdivision was designed to accommodate future expansion to the north which would include the extension of Lightheart Drive to Lawson Road and the extension of Wabbokish Court to the northeast (Attachment 2). 1.2 Blocks 43 and Block 44 on the plan of subdivision were retained by the developer and an easement was provided to the Municipality on both Blocks for the purposes of a temporary turning circle at the northwest end of Wabbokish Court (Attachment 3). Upon a future extension of Wabbokish Court the easement would be removed from Blocks 43 and 44 and the Blocks would be amalgamated with additional lands to accommodate two residential lots. 1.3 Expansion of the subdivision requires the acquisition and amalgamation of the rear yards of the properties fronting on Lawson Road. This has not happened to date, therefore, Blocks 43 and 44 have remained in the developer's ownership. 290572 Ontario Limited paid the applicable property taxes on both Blocks yearly until June 19tH 2008. In October of 2008 they were sent the first of a series of tax arrears notices. On October of 2010 they were notified that the property would be eligible for tax sale in January of 2011 and a lien would be placed on the property. In response to this notification 290572 Ontario Limited offered to donate the Blocks to the Municipality. 1.4 Acquisition of these lands would require the payment of all outstanding property taxes which total $886.53 as of the writing of this report. The applicable taxes for Block 43 include $130.38 for the Regional portion, $42.46 for the education portion, and $124.99 for the Municipal portion, for a total of$297.83. The Regional portion for Block 44 is $257.54, the education portion is $84.13, and the Municipal portion is $247.03, for a total of$588.70. 1.5 There is debris on the property which includes yard waste and miscellaneous residential waste. The Operations Department has completed a site inspection and have determined the clean-up costs to be approximately $750.00. 2.0 CONCLUSION 2.1 The cost to acquire these Blocks would be $886.53 for the outstanding taxes and $750.00 for the clean-up costs, for a total of$1636.53. A portion of both blocks are currently used as a turning circle and they will continue to be used as such until Wabbokish Court develops further north, at which time these blocks would be amalgamated with adjoining properties and sold for residential purposes. 8-72 REPORT NO.: PSD-044-11 PAGE 4 2.2 There will be minimal costs involved in the acquisition of these lands. There will be grass cutting maintenance costs and occasional clean-up costs during the period that the Municipality would own the Blocks, However, it is anticipated that when the property is sold in the future, the residential land value would cover the cost of the acquisition and maintenance. 2.3 Staff recommend that the Offer of Jeffery Homes to sell the Blocks be accepted. The site will be cleaned up and the taxes paid. 2.4 This Report has been reviewed and has the concurrence of the Director of Finance. Staff Contact: Isabel Little Attachments: Attachment 1 — Key map Attachment 2 — Future development potential Attachment 3 — Blocks 43 and 44 Attachment 4 — Offer to Sell Interested parties to be notified of Council's decision: Jeffery Homes (290572 Ontario Limited) 8-73 F1LLdL-11111CIIL 1 To Report PSD-044-11 461 455 201 443 192 435 427 m 176 411 175 397 170 389 166 158 361 LAWSON ROAD O � W U) 323 D O 62 Q S 315 f ym A CENT s WABBOKISH COURT � ,� 19 12 293 1 H �f 11 pERFIR�OORI � 4 6 6 �O LANE - 6 N 1 y A P = 265 3 115 >0 VF 2 GF\� 11 0 251 18 6 14 G� 7 1173 22 21 6 2 30 w 618 --111? 5 x47 G 112 1 Q 239 220 S��1 O311 9 1p� 1 0 Cr ,ry6.�. 11119 x 23 17 108 /°S. 1 W 25 3 54 56 57 ,118 117 W 207 21 19 103 1 2 2 3 52 53 J 101 g 6 4 114 115 Ir 47 112 113 m a 4 111 100 44 43 110 tst 96 HARTSFIELD DRIVE 4 109 9 107 135 0 S' 6 1 2 105 94 99 0 91 > 77 7 CIRCLE 101 CT 74 75 95 88 0 89 72 0 73 5 3 1 99 BB U 87 70 0 71 90 m m is 16 97 84 Q' 85 68 J 69 92 1a st 82 > 83 66 W 67 94 72 96 POP LD DRIVE !83 yt = 65 98 97 67 W 70 78 91 62 U 63 cc 68 92 W 93 87 79 60 CC 61 100 01 63 7 68 gp 91 76 77 58 m 59 102 103 61 Q 64 88 O 89 57 104 105 59 62 p e7 81 74 m m ° 53 106 107 57 W 58 1 86 84 W 85 70 OAKFIELD GATE st LL 56 82 63 79 68 °0 LLI so FW., 81 V1 52 77 1 O 78 W 79 77 73 'S ryy 49 48 76 U 67 ry ryAry, 47 46 74 75 67 el p 73 62 sry m BIRCHFIELD DR 71 60 0 63 65 'o 61 Cio///rt/Ce �;h� '0 45 69 43 2 66 87 x 59 West 61 W 57 41 40 64 65 59 U 55 Park 33 Pi 39 38 62 63 52 Q 53 31 35 60 81 50 51 58 59 53 48 49 29A r $ PI 1b 56 57 47 64 55 46 29 52 53 45 27 43 S.T. Worden 25 42 41 Public 15 'CLOVERFIELD ST 51 40 39 Elementary ry 48 1406 37 School 46 35 v a a4 a 33 '� v ;E T m _ m $ 42 NASH ROAD 'NASH ROAD! NASH' = M R 328 Y y v 29 r e f° - m 38 OB Z 3 Y B 5' ` 36 39 a O 28 27 7 Oa 25 m m r a m ^m 34 W 18 w2264 23 1s DALE PARK DR m 374 33 64 8-74 Attachment 2 To Report PSD-044-11 GkIC& 00 tail - a W` 3 iE rr J - i � F ♦ / t I ♦` 1 - k r 1 � ` L 37Y:'rt y 7 cv Q �� I ! ♦ O g. ,D T� O 1 'I / , g' � 7 •^ :rte. ---------------\\\ \ x E. p ° j r - ; I 23 22 D 1 VE M LO m M I ^' ---� -- r�k'y ,r Q { e � I F OYO?! 31V 7N//, 8-75 [ Attachment 3 ��• ` .. k �� To Report PSD-044-11 IF �4K. CQ AIN / c S a � j —�-- - °Ln Ire f 4 Ile �Q 1 Ile � / c 0 ♦ 000, 8-04 6 From:905 433 0089 Page:715 Date:5/4/2011 10:33:58 AM To Report PSD-044-11 Attachment 4 OFFER TO SELL The undersigned, 290572 Ontario Limited (the 'Vendor', hereby agrees to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON(the"Purchaser',to sell the property known as Blocks 43 and 44, Plan 40M-1742, Municipality of Clarin'gton, Regional Municipality of Durham(the"Property"),for the purchase price of TWO DOLLARS($2.00)(the "Purchase Price"}. ADDITIONALLY,the Purchaser agrees with the Vendor to the following terms and conditions: 1.. This transaction is to be completed no later than 5:00 p.m. on May 25,-2011,(the"Closing Date"),which date maybe extended or amended by written agreement of the solicitors for the parties,and on which date vacant possession.ofibe Rroperty is to be.given to- the Purchaser. - - 2. This Agreement of Purchase and Sale may be executed in counterparts and delivery of an executed copy of same by each party to the other shall constitute complete offer and acceptance thereof. 3. The Vendor represents and warrants to the Purchaser that during the time the Vendor has owned the Property,the Vendor has not caused any building on the Property to be insulated with insulation containing ureaformaldehyde,and that to the best of the Vendor's imowledge no building on the Property contains or has ever contained insulation that contains ureaformaldehyde. This warranty.shall survive and not merge on the completion of this transaction. 4. Except as provided in paragraph 6 hereof;the Vendor shall discharge all encumbrances and restrictions registered against title to the Property at its expense on or before the completion of this transaction,save and except permitted agreements as in LT656314,.LT656317, LT656320,(in favour of Clarington and Region) and Bell easement as in DR26644. 5. The Purchaser is to be allowed until May 20,2011(the"Requisition Date")to examine the title to the Property at his own expense and to satisfy itself that there are no outstanding orders or deficiency notices affecting the Property and that its present use may be lawfully continued. The Vendor hereby consents to governmental agencies releasing to Purchaser details of all outstanding orders affecting the Property. The Vendor agrees to execute anddeliver such further authorizations in this regard as Purchaser may reasonably require in this regard. 6. PROVIDED the title is good and free from all registered restrictions,charges,liens and encumbrances save and except for: (a) any registered restrictions or covenants that run with the land,provided that such are complied with; . (b) any municipal agreements and registered agreements with publicly baulated utilities, Providing such have been complied with or security has been posted to ensure compliance and eompletionas evidenced by letter from the relevant municipality or. utility supplier,and (c) any minor easement for the supply of domestic utility or telephone services to the Property or adjacent properties. If on or before the Requisition Date any valid objection to title or to any outstanding work order or deficiency notice and which the Vendor is unable or unwilling to remove,remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections,shall be at an end and all monies paid shall be returned with interest but without deduction by the Vendor to the Purchaser. Save as to any valid objection so made by such day and except for any objection going to the mot of the title,the Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 7: (a) This Agreement is conditional on the Purchaser,in the Purchaser's discretion,being satisfied on or before the Requisition Date that the environmental condition of the Property will not require iemediation measures to be undertaken-to make it or any portion of it suitable as a cemetery or for use by members of the public as open space accessible to members of the'public.This condition is for the sole benefit of the This fax was received by GFI FAXmaker fax server.For more information,visit.http://www.gfi.com 8-77 From:905 433 0089 Page:315 Date:5/420111 a.33:58 AM Purchaser and maybe waived by the Purchaser giving the Vendor writtenlnotiee that it has been waived. (b) Forthwith after the execution of this Agreement,the Vendor shall deliver to the Purchaser without cost to the Purchaser, all rcports,._studies_..or_written communications that the Vendor has received from any person or has caused to be prepared dealing with the environmental condition of eitherthe Property.The Vendor will permit the Purchaser,its employees, contractors and agents to enter on the Property to conduct such inspections or tests to determine the environmental condition of the Property during regular business hours,provided that twenty-four (24)hours written notice is given to the Vendor before such entry takes place. 8. The Purchaser shall be credited towards the Purchase Price with the amount,if any,which it shall be necessary for the Purchaser to pay to the Minister of National Revenue in order to satisfy the Purchaser's liability in respect of tax payable by the Vendor under the non-residency provisions of the Income Tax Act by reason of this sale.The Purchaser shall not claim such credit if the Vendor delivers on completion the prescribed certificate or the statutory declaration stating that the Vendor n not then a non-resident of Canada 9. The Vendor shall deliver on the completion of this transaction additional evidence of compliance of the transaction with the'Fumily Law Act, R.S.O. 1990,c.F3, as amended,as the Purchaser,acting reasonably,may require. 10. Except as herein expressly provided,this Agreement shall extendto and be binding upon and enure to the.benefit of the heirs,executors,administrators,successomandassigoanf tha.parties hereto. 11. THIS OFFER TO BE ACCEPTED BY THE Purchases on or before May 18, 2011, otherwise it shall become null and void. This offer,when accepted, shall constitute a binding contract of purchase and sale and time in all respect shall be the essence of this Agreement. It is agreed that there is no representation,warranty,collateral agreement or condition affecting this Agreement or the Property other than as expressed herein in writing. 12. If this transaction is subject to Goods and Services Tax(G.S.T.)or Harmonized Sales Tax (H S.T) then such tax shall be paid in addition to the Purchase Price.The Purchaser hereby confirms that the Purchaser is a registrant under the Excise Tax. Act .(Canada), (Registration No. 106979900RT000I).The Purchaser covenants to remit as required.by the Act any G.S.T.or H.S.T payable in respect of the sate of the Propertyto the Purchaser and to indemnify the Vendor in respect of any G.S.T.or H.S.T.so payable.The Purchaser is not required to remit to the Vendor G.S.T.on the Closing Date.This covenant shall survive and not merge on the completion of this transaction. 13. If requested,by Purchaser,Vendor will deliver any sketch or survey of the Property within Vendor's control to Purchaser as soon as possible and priorto the Requisition Date.If a discha ge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust and Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion,is not available in registrable form on completion,Purchaser agrees to accept Vendor's.lawyers personal undertaking to obtain,out of the closing funds,a discharge in registrable form and to register same on title within a reasonable period of time after completion,provided that on or before completion Vendor shall provide to Purchaser a mortgagc statement prepared by the mortgage✓setting out the balance required to obtain the discharge,together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out bf the balance due on completion ofthis transaction. 14. The Property shall remain at the risk of the Vendor until the completion of this transaction. 15. This Agreement shall be effective to create an interest in the Property only if Vendor complies with the.subdivision control provisions of the Plaffiin Act by completion of this transaction,and Vendor covenants to proceed diligently at its expense to obtain any necessary consent by prior to the completion of thi s transaction. This fax was received by GFI FAXmaker fax server.For more information,visit http:ttwww.gfi.com $—78 From:905 433 0089 Page:415 Date:5/4/2011 10:33:58 AM A Transfer/Deed for the Property sbali,save forthe Land Transfer Tax Affndavit,be prepared in registrable form at the expense of the Vendor-'If requested by the Purchaser,Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the stateanents_ccurtemplated by. s.mtion.50(22)of the Planning Act,1LS.0.1990,c-P.13,as amended. 17. Where each of the vendor and Purchaser retain a lawyer to complete this Agreement,and where the transaction will be completed by electronic registration pursuant to Part II of the Land Registration Reform Act,R.S.0.1990,Chapter L4 and the Electronic Registrafion Act,5.0.1991, Chapter 44 and any amendments thereto,the Vendor and Purchaser acknowledge and agree that the exchange of closing funds,non-registrable documents and other items(the"Requisite Deliveries') and the release thereof to the Vendor and Purchaser will(a)not occur at the same time as the registration of the transfer/deed(and any other documents intended to be registered m connection with the completion of this transaction),and(b)be subject to conditions whereby the solicitor(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms of a documents registration agreement between the said solicitors,the form of which is as recommended from time to time by the Law Society of Upper Canada Unless otherwise agreed to by.the solicitors,such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both solicitors. 18. On the closing of the transaction,the Vendor shall provide to the Purchaser,the Purchaser's form of the following documents: a- Undertaldng to Re-adjust b. Section 116 of the Income Tax Act/Family Law-Act Affidavit c. Declaration of Possession' d. Construction Lien Act affidavit 19. The Purchaser agrees to assume responsibility for any outstanding taxes and penalties as applicable to the property herein on the completion of this transaction. 20. The Purchaser agrees to remove any debris or fill from the property,after closing,at its own expense. 21. Time shall in all respects be of the essence hereof provided that the time for doing or 'completing of any matter provided for herein may be extended or abridged by an agreement in ' writing signed by Vendor and Purchaser of by their respective lawyers who are hereby specifically authorized to do so. 22. If necessary for registration purposes,the Municipality shall prepare,at its expense,a plan of survey for the Property. 23. Any tender of documents or money maybe made on the parties or their respective solicitors. 24. This Agreement shall be read with all changes of gender or,numbw required by the context 25. Any Notice required to be served by the Vendor upon the Purchaser pursuant to the provisions of this Agreement shall be deemed to be good,valid and sufficient service upon the Purchaser if served personally,mailed by pre-paid registered mail or sent by facsimile transmission addressed to: Municipality of Clarington 40 Temperance Street Bowmanville,Ontario L1C 3A6 Attention:David Crome,Director of Planning Services Facsimile No.(905)623-0830 and any notice required to be served by the Purchaser upon the Vendor pursuant to the provisions of this Agreement shall be deemed to be good,valid and sufficient service upon the Vendor ifserved personally,mailed by pre-paid registered mail or sent by facsimile transmission addressed to: This fax was received by GFI FAXmaker fax server.For more information,visit http:/A~.gfi.com 8-79 From:9D5 433 0089 Page:5/5 Date:514MI1 10:33:59 AM 4 290572 Ontario Limited 1200 Airport Blvd,Suite 201 Oshawa,Ontario L1J 8P5 or such other telefax number or address of which either party has notified the other party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to 4:30 p.m.on any business day ' (excluding Saturdays,Sundays and statutory holidays)shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail,it.shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding thd foregoing,in the event that it may be reasonably anticipated that due to Force Majeure any notice wtll not be received within the time limit set out above,then such notice shall be sent by an altenate means of transportation which it may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. 26. For the purposes of this Agreement,the term`'Force Majeure'means any delay for the duration of the delay which is imposed by reason ofstrikes,lockouts,riots,wars or acts of military authority,acts of public enemies,sabotage,epidemics,washouts,nuclear and radiation activity or fallouts,rebellion or civil commotion,fire or explosion;flood,wind,water,earthquakes or other casualty,or an Act of God and any act,omission or event whether of the kind herein enumerated or otherwise not within the control of the parties none of which has been caused by the deliberate default or act or omission by the parties and none of which has been avoidable by the exercise of reasonable effort or foresight by the parties. DATED at Oshawa,Ontario this- day of April,2011. 290572 Ontario Limited PER HAIK ` fy_ Witness S+trt-enu c�t�}ry�,TatJ vic.c'P..tostckz�- I have the authority to bind the Corporation DATED at Bowmanville,Ontario this day of May, 2011 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Adrian Foster,Mayor Patti L_Barrie,Municipal Clerk We have the authority to bind the Corporation. This fax was received by GFI FAXmaker fax server.For more information,visit hftp:/fwww.gfi.com 8-80 l�� n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law #: N/A Report#: PSD-045-11 File #: A2011-0003 to A2011-0008 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 14, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-045-11 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on April 14, 2011 for applications A2011-0003 to A2011-0008 inclusive, and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. s' Submitted by: ,/ % ��" Reviewed by 2�u 59 rJ. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer MH/CP/av April 28, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-81 REPORT NO.: PSD-045-11 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. Staff recommendations and the decisions of the Committee are summarized below for each application. In addition a description of the noteworthy applications is provided below. DECISION OF COMMITTEE OF ADJUSTMENT FOR APRIL 14, 2011 Application Number Staff Recommendation Decision of Committee A2011-0003 Approve with Conditions Approved with Conditions A2011-0004 Approve Approved A2011-0005 Approve Approved A2011-0006 Approve Approved A2011-0007 Approve with Conditions Approved with Conditions A2011-0008 Table Tabled 1.2 Application A2011-0003 was filed to permit the construction of an accessory building by increasing the maximum permitted floor area for accessory buildings from 90 square metres to 208.5 square metres. The applicant identified a need for an additional accessory building on the property to store leisure vehicles and grounds keeping equipment. Currently there exists a two-storey detached garage on the property which is currently being used for vehicle storage on the ground floor and personal storage on the second storey. A number of concerns were raised by staff and by nearby residents with respect to the proposed location of the accessory building, and also the design of the building. The subject property, at 175 Liberty Street North, has been identified as a Primary Cultural Heritage Resource within the Municipality's Cultural Heritage Resource Inventory. Staff recommended that the application be tabled until further discussions were had with the applicant to discuss alternative options. Staff met with the applicant to discuss alternative building designs and locations to ensure that the structure would fit in with the heritage character of the property. As a result, the applicant submitted a revised application to build an addition to the existing garage, using similar building materials, colours and designs. By doing so, the application no longer had any detrimental impact on the surrounding neighbourhood, or to the heritage significance of the property. Committee concurred with staff's recommendation and approved the application subject to the condition that the building addition would match the materials of the existing building. 8-82 REPORT NO.: PSD-045-11 PAGE 3 1.3 Application A2011-0004 was filed to expand the definition of a home occupation to include an esthetics business. Staff recommended approval of the application as the nature of an esthetics business is very similar to a hair dressing establishment. A hair dressing establishment is permitted as a home occupation use provided that the business is limited to those living in the dwelling only, and no additional staff are permitted. As a result, the number of client's the applicant will see at one time would be limited as well. Committee concurred with staff's recommendations and approved the application. 1.4 Application A2011-0007 was filed to expand the definition of a home occupation within an "R1" zone to include the repair and retail sale of antiques on the subject property. The subject property is located along King Avenue in downtown Newcastle, just south of the Newcastle Village Centre Secondary Plan, adjacent to commercial uses. The applicant proposes to use a small portion of their home for refinishing and repairing antiques and retail sale of antiques. Staff recommended that the application be approved provided that a number of conditions could be satisfied. These conditions included: provision of 2 parking spaces (1 more space than the By-law requires); all repairs must take place from within the dwelling — not outside or in a detached garage; and a fire inspection must be completed prior to the establishment of the business. The business employees will be limited to those living within the dwelling only. Committee concurred with staff's recommendation, and approved the application subject to the conditions outline above, in addition to the provision of an on-site hammerhead turnaround to allow safe access and egress from the property. 2.0 COMMENTS 2.1 Staff reviewed the Committee's decisions for applications A2011-0003 and A2011-0007 and are satisfied that they are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2011-0003 to A2011-0008 is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment (April 14, 2011) 8-83 Attachment 1 To Report PSD-045-11 arr_� n Leading the Way . PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: GUY LANTEIGNE OWNER: GUY LANTEIGNE PROPERTY LOCATION: 175 LIBERTY STREET NORTH, BOWMANVILLE PART LOT 10, CONCESSION 2 FORMER TOWNSHIP OF BOWMANVILLE FILE NO.: A2011-0003 PURPOSE: To permit the construction of an addition to an existing accessory building by increasing the maximum � M ermitted total floor area for all accessory buildings and structures from 90 2 to 197.5 m . DECISION OF COMMITTEE: To approve the application to permit the construction of an addition to an existing . accessory building by increasing the maximum permitted total floor area for all accessory buildings and structures from 90rrm2 to 197.5 m2 subject to the following conditions: That the proposed addition be constructed using similar colours, building materials and design of the existing detached garage as it meets the intent of both Official Plans and Zoning By-law, is minor in nature and is not detrimental to the neighbourhood. DATE OF DECISION: April 14, 2011 LAST DAY OF APPEAL: May 4, 2011 8-84 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: QUIET MOODS ESTHETICS OWNER: QUIET MOODS ESTHETICS PROPERTY LOCATION: 1510 NASH ROAD, COURTICE PART LOT 33, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0004 PURPOSE: To expand the definition of a home occupation to include esthetics DECISION OF COMMITTEE: To approve the application to expand the definition of a home occupation to include esthetics, as it meets the intent of both official plans and the zoning by-law, is minor in nature and is not detrimental to the neighbourhood. DATE OF DECISION: April 14, 2011 LAST DAY OF APPEAL: May 4, 2011 8-85 • 1 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: FRANK GIORDANO OWNER: FRANK GIORDANO PROPERTY LOCATION: 38 LAWSON ROAD, COURTICE PART LOT 35, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0005 PURPOSE: To permit the construction of a single detached dwelling by reducing the minimum required interior side yard setback from 2 metres to 1.25 metres; by reducing the minimum required rear yard setback from 10 metres to 9.75 metres; and by increasing the maximum total lot coverage from 30% to 37%. DECISION OF COMMITTEE: To approve the application to permit the construction of a single detached dwelling by reducing the minimum required interior side yard setback from 2 metres-to 1.25 metres; by reducing the minimum required rear yard setback from 10 metres to 9.75 metres; and by increasing the maximum total lot coverage from 30% to 37%, as it meets the intent of both Official Plans and the Zoning By-law, is minor in nature and is not detrimental to the neighbourhood. DATE OF DECISION: April 14, 2011 LAST DAY OF APPEAL: May 4, 2011 8-86 • Leading the way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: DG BIDDLE & ASSOCIATES LTD OWNER: RODNEY & JANET PAINTER PROPERTY LOCATION: 3698 TRULLS ROAD, COURTICE' PART LOT 31, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0006 PURPOSE: To facilitate an application for lot boundary realignment by reducing the minimum required lot frontage from 30 metres to 23.16 metres, by reducing the minimum required northerly interior side yard setback to an existing single detached dwelling from 2 metres to 1.86 metres; and by reducing the minimum required northerly interior side yard setback to an existing accessory building from 1.2 metres to 0.96 metres. DECISION OF COMMITTEE: To approve the application to facilitate an application for lot boundary realignment by reducing the minimum required lot frontage from 30 metres to 23.16 metres; by reducing the minimum required northerly interior side yard setback to an existing single detached dwelling from 2 metres to 1.86 metres; and by reducing the minimum required northerly interior side yard setback to an existing accessory building from 1.2 metres to 0.96 metres, as it is meets the intent of the Official Plan and the Zoning By-law, is minor in nature and is not detrimental to the neighbourhood. DATE OF DECISION: April 14, 2011 LAST DAY OF APPEAL: May 4, 2011 8-87 • 1 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MICHAEL & RACHEL PEEL OWNER: MICHAEL & RACHEL PEEL PROPERTY LOCATION: 315 KING AVENUE EAST, NEWCASTLE VILLAGE PART LOT 27, CONCESSION 1 FORMER VILLAGE'OF NEWCASTLE FILE NO.: A2011-0007 PURPOSE: To expand the definition of a home occupation use in an "R1" zone to include the repair and retail sale of antiques on the subject property. DECISION OF COMMITTEE: To approve the application to expand the definition of a home occupation use in an "R1" zone to include the repair and retail sale of antiques on the subject property subject to the following conditions: 1) That a total of 2 parking spaces are provided for the home occupation use; 2) That the involvement in the home occupation shall be limited to the members of the family residing in the dwelling only; 3) That all repairs take place within the dwelling unit; 4) That a hammerhead turnaround be provided to allow safe access and egress; and 5) That a fire inspection be completed to the satisfaction of the Fire.& Emergency services department, as it meets the intent of the Official Plan and Zoning By-law , is minor in nature and is not detrimental to the neighbourhood. DATE OF DECISION: April 14, 2011 LAST DAY OF APPEAL: May 4, 2011 8-88 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: H & H BUILDING CORPORATION OWNER: H & H BUILDING CORPORATION PROPERTY LOCATION: 16 VIVIAN DRIVE, COURTICE PART LOT 30, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0008 PURPOSE: To permit the construction of a single detached dwelling by reducing the minimum required rear yard setback from 7.5 metres to 6.3 metres and by increasing the maximum permitted total lot coverage from 45% to 45.6%. DECISION OF COMMITTEE: To table the application for up to 60 days maximum. DATE OF DECISION: April 14, 2011 LAST DAY OF APPEAL: May 4, 2011 8-89 ar tewa REPORT Leading h y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law #: Report #: PSD-046-11 File #: PLN 33.4 Subject: PORT GRANBY PROJECT— LICENSING HEARING BEFORE THE CANADIAN NUCLEAR SAFETY COMMISSION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-046-11 be received; 2. That the Canadian Nuclear Safety Commission be advised that the Municipality of Clarington prefers that a One Day Hearing be held for the licensing of the Port Granby Project; and 3. THAT a copy of Council's decision be forwarded to the Canadian Nuclear Safety Commission, Natural Resources Canada, the Port Hope Area Initiative Management Office, the Municipality of Port Hope, the South East Clarington Residents Association, and all delegations. Reviewed b : Submitted by. / �, R y Dav& Tome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer JAS/FL/df 28 April 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)6239 8-90 REPORT NO.: PSD-046-11 PAGE 2 1.0 PURPOSE OF REPORT 1.1 At its meeting of May 2, 2011, Council considered a letter from David McCauley of Natural Resources Canada to Mayor Foster (Attachment 2). In the letter, Mr. McCauley suggests that Council may wish to advise the Canadian Nuclear Safety Commission (CNSC) of its views with respect to which form of licensing process the Municipality would prefer for the Port Granby Project. Council directed Staff to prepare a report on this matter. This report has been prepared in response to Council's direction. 2.0 LICENSING PROCESS FOR THE PORT GRANBY PROJECT 2.1 There are four major steps in the licensing process for the Port Granby Project: • Preparation and approval of an Environmental Assessment (EA): The EA process began in 2002 and was completed in 2009 with the acceptance of the EA Screening Report by Council and federal authorities. • Submission of a license application: The federal government submitted the license application for the Port Granby Project in 2004, and has worked on preparing the various documents needed to obtain the license over the past several years. • Technical Assessment of the License Submission: CNSC staff has been reviewing the licensing documents over the past several years as they are provided by the federal government. Almost all of the necessary documents have now been submitted. • Licensing Decision: This is the last step in the licensing process and is expected to occur in late summer/early fall 2011. 2.2 The CNSC has determined that the proposed Port Granby Long Term Waste Management Facility (LTWMF) is subject to the Nuclear Substances and Radiation Devices Regulations, which apply to most nuclear substances in Canada, and that a Waste Nuclear Substance License (WNSL) is the appropriate licence for the Port Granby Project. It should be noted a WNSL was issued by the CNSC for the Port Hope Project in October 2009. 2.3 A decision to issue a WNSL may be made by the CSNC through a public hearing, by a panel of the Commission, by a panel of one (an abridged hearing), or by a Designated Officer. Each of these options is discussed in detail in Mr. McCauley's letter; a summary is provided below: • Public Hearings These are used for major licensing decisions and are generally held in the vicinity of the project. . The hearings are open to the public and consider both written and verbal submissions. The CNSC may choose to hold either a two- day or a one-day hearing. 8-91 REPORT NO.: PSD-046-11 PAGE 3 During a two-day hearing, the applicant and CNSC staff present the project and respond to questions from the Commission on Day 1. Registered interveners, including the Municipality and members of the public, make their submissions to the Commission on Day 2, which usually occurs 60 days after Day 1. The one-day hearing process is similar to the two-day hearing in most aspects, except that all submissions and interventions are heard by the Commission at a single hearing. • Abridged Hearing Generally only written submissions are accepted for an abridged hearing. This type of hearing is more appropriate for licenses which do not deal with high levels of risk or significant levels of concern. • Decision by a Designated Officer: The decision to issue a license is made by an Officer designated by the CNSC, and does generally not involve a public forum. This process may not provide an appropriate level of review and involvement for the Port Granby Project. 2.4 For the Port Granby Project, submissions prepared by the applicant and CNSC staff are publicly available and would contain'the same level of information regardless of whether a full public hearing or an abridged hearing is held. 3.0 COMMENTS 3.1 Staff requested Dave Hardy of Hardy Stevenson and Associates to provide a written opinion as to the type of hearing that would be appropriate for the Port Granby Project (Attachment 3). Mr. Hardy has been the lead consultant on the Municipal Peer Review Team for both the Port Granby Project and the Port Hope Project since 2002. 3.2 Mr. Hardy concluded that a One Day Licensing Hearing would be appropriate for the Port Granby Project. In reaching this decision, he noted that a hearing would allow both the Municipality and the public to share their views in an open forum and that a One-Day Hearing was used effectively for the Port Hope Project in August 2009. He also indicated that there is considerable information available on the Project and, as a result of the extensive review undertaken through the EA and Detailed Design processes, a more extensive hearing process is not required. 4.0 CONCLUSIONS AND NEXT.STEPS 4.1 The review of technical documents undertaken by the Peer Review Team has been thorough. Nevertheless, it is important to provide local residents with the opportunity to express their opinions directly to the CSNC in an open public forum. 8-92 REPORT NO.: PSD-046-11 PAGE 4 4.2 A date for the licensing hearing for the Port Granby Project has not yet been set. However, it is expected to take place in either August or September 2011. Appropriate public notice will be provided for both the hearing date and procedures for participating in the hearing. Staff will advise Council at such time as public notice is provided. Staff Contact: Janice Szwarz Attachments: Attachment 1 — Glossary of Terms Attachment 2 — Letter from David McCauley, dated April 7, 2011 Attachment 3 — Letter from Dave Hardy, dated April 13, 2011 List of interested parties to be advised of Council's decision: Peter Elder, Canadian Nuclear Safety Commission David McCauley, Natural Resources Canada Christine Fahey, Port Hope Area Initiative Management Office Carl Cannon, Municipality of Port Hope Dave Hardy, Hardy Stevenson and Associates Limited Gerry Mahoney, South East Clarington Ratepayers Association 8-93 Attachment 1 To Report PSD-046-11 GLOSSARY OF TERMS CNSC Canadian Nuclear Safety Commission EA Environmental Assessment LTWMF Long Term Waste Management Facility WNSL Waste Nuclear Substance Licence 8-94 Attachment 2 To Report PSD-046-11 Natural Resources Ressources naturelles Canada Canada Ottawa,Canada K1A OE4 April 7, 2011 Mayor Adrian Foster Municipality of Clarington 40 Temperance Street . Bowmanville, ON L I C 3A6 Dear Mayor Foster: Thank you for taking the time to meet with me on March 3, 2011 in regards to the Port Hope Area Initiative(PHAI) for the cleanup and long-term management of low-level radioactive waste in the Municipality of Port Hope and at the Port Granby facility in Clarington. One of the issues we discussed was the upcoming licensing for the Port Granby Project by the Canadian Nuclear Safety Commission(CNSC). On behalf of the federal government,the Port Hope Area Initiative Management Office(PHAI MO)as the licensee,will seek a Waste Nuclear Substance License for the project from the CNSC. As I indicated during our discussion,there are a number of options by which this licensing may proceed and you may wish to make your view known to the CNSC as to which form of licensing process the Municipality would prefer. Each process has its own benefits. For your information I have described the different options in an attachment. Ultimately, it is the CNSC that will decide on which process it will use. However, I am sure that the Commission would be interested in knowing the views of the Municipality of Clarington in this regard,prior to finalizing its decision. Should you have any questions on the various processes or to make your views known,I would suggest that you contact either Mr. Peter Elder or Mr.Don Howard at the CNSC,both of whom I have copied on this letter. Once again,it was a pleasure meeting with you on March 3. 1 appreciate the ongoing support of the Clarington Council and staff for the PHAI, and look forward to working with you towards successful implementation of the Project. Sincerely, f Dave McCauley Director,Uranium and Radioactive Waste Division Electricity Resources Branch cc: Peter Elder(CNSC) Don Howard(CNSC) Janice Szwarz(Clarington) Canad.�a 8-95 Appendix 1 There are four major steps in the CNSC licensing process: submission of a license application; an environmental assessment(if required); a technical assessment of the submission; and a licensing decision. For the Port Granby Project, a license application was submitted in 2004. The environmental assessment:was completed in 2009 with a decision that the Project could proceed to licensing. The technical assessment by CNSC staff and their specialists of the documents that will make up the submission by the PHAI Management Office is nearing completion. The next step will be a licensing decision. A Waste Nuclear Substance License(WNSL) is considered by the CNSC as the appropriate license for the Port Granby Project—the proposed Long-Term Waste Management Facility is not a nuclear facility as defined by the Nuclear Safety and Control Act. A decision to issue a WNSL maybe made by the Commission through a public hearing, or by a panel of the Commission; or through a panel of one—normally identified as an abridged hearing, or by a Designated Officer. Further information on each process is provided below. Two-day public hearing: A Notice of Hearing is published on the CNSC web site following which the applicant and CNSC staff provide their respective submissions to the Commission at least 30 days prior to the Day-1 hearing. These submissions are made publicly available on the CNSC website. On Day-1 the applicant and CNSC staff present the project and respond to questions from the Commission. Interested interveners are invited to register their submissions at least 30 days prior to the Day-2 hearing. For the Port Granby Project,the Municipality of Clarington would be expected to be a positive intervener. On Day-2, usually 60 days after Day-1, registered interveners have an opportunity to make their views known and respond to questions from the Commission. The applicant and CNSC staff also may be asked to respond to further questions from the Commission. Webeasting and transcripts are made available for public hearings and following the deliberation of the Commission, usually within 6 weeks of the Day-2 hearing, the decision and reasons for decision are also made public. One-day public hearing: The one-day hearing process is similar to the two-day hearing in most aspects. The difference is that all submissions and interventions are heard by the Commission at a single hearing. The submissions by the applicant and CNSC staff are to be provided at least 60 days in advance. The interveners have up to 30.days to review these submissions before providing their interventions 30 days in advance of the hearing. As for the two-day hearings,webcasting and transcripts are made available and within six weeks, following the deliberation of the Commission, the decision and reasons for decision are also made public. 8-96 -2 - Abridged Hearing: For an Abridged Hearing, a Notice of Hearing is published on the CNSC website prior to the hearing. Submissions are provided in advance to the Commission by CNSC staff and made publicly available on the CNSC website. Should interventions be considered,typically written interventions, interveners would be invited to register, after having had an opportunity to review the submissions. Decision by Designated Officer: Where applicable, a CNSC Designated Officer may also make a decision to issue a license to an applicant. Licenses related to the use of radioactive sources or handling and storage of radioactive material are generally approved through a Designated Officer. Such procedures are generally not carried out in a public forum but the decision and resulting license are made public. Considerations: Generally public hearings are used for major licensing decisions. They allow for considerable public debate and may require up to 6 months to complete. All written and verbal interventions are considered and while they are expected to relate to the project under review, broader views and opinions may also be expressed. Hearings are open to the public, webcast live,and transcripts are made available on the CNSC website. The location of public hearings is at the discretion of the Commission but for major licensing decisions, they are generally in the vicinity of the project. An abridged hearing may be more appropriate for licenses which do not deal with high levels of risk or significant public concern. The abridged hearing allows for more flexibility in terms of notification requirements,time to complete the process, and manner and degree of participation. A decision'by a Designated Officer, while possible,may not provide the level of review and involvement deemed appropriate for the Port Granby Project. For the Port Granby Project, submissions prepared by the applicant and CNSC staff and made publicly available would contain the same level of information regardless of whether a full public hearing or abridged hearing were followed. 8-97 Attachment 3 To Report PSD-046-11 HARDY STEVENSON AND ASSOCIATES Ms.Janice Szwarz, Senior Planner—Community Planning Branch Municipality of Clarington 40 Temprance Street Bowmanville, Ontario L1C 3A6 12 April, 2011 CNSC Licensing Option Recommendation—Port Granby Project Dearlanice, Thank you for forwarding the April 7, 2011 letter to Mayor Adrian Foster from Mr. Dave - McCauley wherein Mr. McCauley requests input from the Municipality of Clarington on the form of licensing process the Municipality would prefer. We are pleased to respond to your request for our comment on various licensing options and which option might be appropriate for the Municipality of Clarington as it pertains to the Port Granby Project. Mr. McCauley states that a Waste Nuclear Substance License ("WNSL") is considered by the Canadian Nuclear Safety Commission ("CNSC") as the appropriate license for the Port Granby Project. There are four options for assessing whether the WNSL license should be issued: 1) decision by the Commission through a Public Hearing; 2) decision by a Panel of the Commission (this may take the form of a One-Day or Two Day hearing); 3)decision through a Panel of one—identified as an Abridged Hearing;4) decision by a Designated Officer. Hardy Stevenson and Associates Limited have reviewed the licensing options and we feel that the following factors are important to the determination of which option is preferred. First,the Municipality of Clarington has an opportunity to share its views with the Commission regardless of what option is selected. However, we feel that it will be important for the Municipality to share its views openly. Second, to what extent will the Municipality, local residents and others have to hear the information submitted by the Port Hope Area Initiative ("PHAI") as proponent and CNSC staff? Hardy Stevenson and Associates Limited 364 Davenport Road,Toronto,Ontario,M5R 1K6 Telephone:(416)944-8444 Fax:(416)944-0900 hsa@hardystevenson.com www.hardystevenson.com 8-98 2 Third, to what extent will local residents have an opportunity to share their views? And, what option will be less demanding on their time and effort in preparing for and attending the Hearing? Fourth, are there uncertainties pertaining to the Port Granby Project that would necessitate a more extensive Hearing? Finally,what form of Hearing was used for the Port Hope Project,was this option effective and would it be an appropriate option for the Municipality of Clarington? Following our examination of the options, Hardy Stevenson and Associates Limited has reached the conclusion that the One Day Hearing Option would be appropriate for the following reasons. Through the Environmental Assessment and Detailed Design process completed by the PHAI and its consultants, there is considerable information available on the Port Granby Project. The Municipality's staff and Peer Review Team have asked and received responses to over a thousand questions about the facility. Thus, the level of uncertainty is minimal and a more extensive Hearing process is not required. The One Day Hearing conducted on August 26, 2009 was used effectively for the Port Hope Project. All of the evidence from the applicant, CNSC staff and intervenors was heard and there was ample time for the review of submissions. The One Day Hearing would be expected to be held at a local venue and would be convenient for Municipality of Clarington submissions and those of local residents. Further, it would have the benefit of being open and transparent compared to Hearing Options where deliberation would not be carried out in a public forum. Thank you for the opportunity to provide our opinion on the form of licensing process. We would be pleased to elaborate on any point. Sincerely, Mr. Dave Hardy, R.P.P. Director, Peer Review Team President Hardy Stevenson and Associates Limited 8-99 • e�� rhewa REPO.RT L ng y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law #: Report#: PSD-047-11 File #: ZBA2011-0005 Subject: APPLICATION FOR REMOVAL OF HOLDING 1428 AND 1430 DURHAM HIGHWAY 2, AND 8 VARCOE ROAD, COURTICE APPLICANT: 2156601 ONTARIO INC. (SHOPPERS REALTY INC.) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-047-11 be received; 2. THAT the application submitted on behalf of 2156601 Ontario Inc. (Shoppers Realty Inc.) to remove the Holding (H) symbol be approved; 3. THAT the attached By-law to remove the Holding (H) Symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in Report PSD-047-11, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by: I /� Da J. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer RP/CS/df 28 April 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905) 623-0830 8-100 REPORT NO.: PSD-047-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Agent: MacNaughton Hermsen Britton Clarkson Planning Limited 1.2 Applicant: 2156601 Ontario Inc. (Shoppers Realty Inc.) 1.3 Area: 0.81 ha 1.4 Location: 1428 and 1430 Durham Highway 2, and 8 Varcoe Road, Courtice Part Lot 35, Concession 2, Former Town of Darlington 1.5 Rezoning: Removal of Holding (H) Symbol from "Holding — General Commercial Exception ((H) C1-55)" 2.0 BACKGROUND 2.1 The subject site is located at the northwest corner of Durham Highway 2 and Varcoe Road in Courtice. The application includes two separate properties located at 1428 and 1430 Durham Highway 2 and 8 Varcoe Road. The proposal encompasses lands which contained a former automotive repair garage building that has already been demolished, and a vacant furniture store building located towards the rear of the property on Durham Highway 2. The site also contained a residential property at 8 Varcoe Road that has been demolished. 2.2 The Holding (H) symbol is a provision provided for in the Official Plan and Zoning By- law to ensure that certain obligations have been considered prior to development and redevelopment, such as: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of the Official Plan.. 2.3 The subject lands are zoned "Holding — General Commercial Exception ((H) C1-55)". Council must be satisfied that the provisions of the Official Plan and Zoning By-law are met prior to removing the Holding symbol. No building permits can be considered until the Holding symbol is removed. 2.4 In 2008, Staff received a rezoning and site plan application (ZBA 2008- 0015 and SPA 2008-0015) to permit the development of a Shoppers Drug Mart and second storey office space. The amendment was approved by Council on November 3, 2008 (Report PSD-114-08) including a "Holding (H)" designation to fulfill requirements such as site remediation and a Record of Site Condition, joint access and rear laneway easements, and completing a site plan agreement with the Municipality. 2.5 On February 22, 2011, an application was received for the Removal of Holding. 8-101 REPORT NO.: PSD-047-11 PAGE 3 2.6 On February 24, 2011, 2156601 Ontario Ind. and Birchdale Investments made a joint application to the Regional Municipality of Durham, Land Division Committee (File Nos.: LD 014/2011 and LD 015/2011) for a joint access and rear laneway with easements provided in favour of the other party on their respective lands. 3.0 COMMENTS 3.1 The intent of the Holding Zone policies and regulations within the Official Plan and Zoning By-law are to ensure that development proceeds_ in an orderly fashion without a negative impact on surrounding properties and infrastructure. Additional conditions such as the joint access and rear laneway easement and site plan agreement approval are nearing the end of the process to the satisfaction of both the Region of Durham and the Municipality of Clarington; therefore, the approval of the by-law to remove the holding symbol from the site is appropriate at this time. 3.2 Durham Region Planning Department staff have stated that "A Record of Site Condition (RSC) for the above mentioned reports has been filed with the Ministry of the Environment (MOE). An acknowledgement letter from the MOE dated July 9, 2009 acknowledges the RSC has been provided to the satisfaction of the Region. The Region has no concerns with the removal of the holding symbol contained in the zoning by-law of the subject lands". 4.0 RECOMMENDATION 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" Symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Contact: Ruth Porras Attachments: Attachment 1 — Key Map Attachment 2 — By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: MacNaughton Hermsen Britton Clarkson Planning Limited 2156601 Ontario Inc. Valiant Property Management Birchdale Investments Limited Edward Whiting c/o Kim Johnson Shoppers Realty Inc. Jim and Lorraine Ewen Durham Region Planning Department Municipality Property assessment Corporation (MPAC) 8-102 Attachment 1 To Report PSD-047-11 o ® i U f o c o CL � I o c s � � Q O 0 to o r 3 o to o � � �� a m N F 3 INLI C y cn O a . N a Z� adoa 3ooadA 1 MIX L � N ,.0 0 Q — 3 T C c N J m C 8-103 This is Schedule "A" to By-law 2011 - , passed this day of , 2011 A.D. o d O K W O U tY J DURHAM HIG'IWA e 2 N ® Zoning Change From"(H)C-55"To"C-55" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk s m aM " 12 Wryyy"IGI,,."yt PoIW i 3 COU RTIC E ZaA 201"005 SCHEDULE4 8-105 Attachment 2 To Report PSD-047-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend Zoning By-law 84-63 of the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend Zoning By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2011-0005; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Map Schedule"4(Courtice)"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding —General Commercial Exception ((H) C1- 55) Zone" to "General Commercial Exception (C1-55) Zone", as illustrated on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-104 This is Schedule "A" to By-law 2011 - , passed this day of , 2011 A.D. O Q O K W O K OURHAM HIGHWAY N ® Zoning Change From"(H)C-55"To"C-55" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk 4 g F IM "R,ryyy7 � NRM1pyp Pok" y� g ao COURTICE ZBA 201"005 SCHEDULE4 8-105 • Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday May 9, 2011 Report#: EGD-019-11 File #: By-law#: Subject: CLARINGTON LEASH FREE PARK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Port Darlington Boat Launch site be approved as the location for the Leash Free. Park; 2. THAT the Rules of Use as set out in Attachment 2 to Report EGD-019-11 be approved; and 3. THAT the by-law amending By-law 2006-227 (Attachment 3 to Report EGD-019-11) be approved. Submitted by: Reviewed b A. Si a , C.E.T. Franklin Wu Direct of, gi ering Services Chief Administrative Officer Submitted by: Pqffil,Agrine, MO M 1cipal erk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 9-1 REPORT NO.: EGO-019-11 PAGE 2 1.0 BACKGROUND Over the past years the Municipality has received many requests from residents to establish designated areas where dogs can roam off-leash. In November 2009 Clarington's Animal Advisory Committee also recommended the development of one or more'dog parks. Many jurisdictions across North America are providing public dog parks either within existing parks or as standalone facilities. The Municipality's existing By-law 2006-227 regarding Animals at Large includes a provision to allow dogs off-leash in designated areas only. Currently there are no public areas designated to allow dogs off leash. In 2006 the Newcastle Lions Club made a presentation to Council recommending two projects, a Memorial Forest and a-Leash Free dog park. The Newcastle Memorial Forest is nearing completion at the Samuel Wilmot Nature Area and the Lions remain interested in a dog park in Newcastle but no location, budget, or schedule has been established. At the January 10, 2011 GPA meeting Sharon Barclay appeared as a delegation and presented a petition to Council with approx. 2,100 signatures requesting that the Municipality construct a Leash Free Dog park located in Bowmanville. At the January 17 meeting of Council the following resolution was approved: "THAT the delegation of Sharon Barclay, regarding a request for an off-leash dog park, be forwarded to the Director of Engineering Services." Since that time Council approved funds in the 2011 Capital Budget to construct a Leash Free Park with the location to be determined at a later date. 9-2 REPORT NO.: EGD-019-11 PAGE 3 2.0 COMMENTS Following her delegation at GPA, staff from Engineering, Operations and Municipal Clerks Departments met with Sharon Barclay and Dave Boyd, the two main proponents behind the petition, as well as Terry and Jean Graham of the Newcastle Lions to form a steering committee that would review possible locations, park features, and to discuss the rules of use for a Clarington Leash Free Park. The steering committee agreed that a fenced Leash Free Park was preferred rather than an unfenced municipal site designated as an off-leash zone. A fenced park will ensure that dogs are kept away from traffic, wildlife and other park users, while allowing dogs to run free and interact. In other municipalities these types of dog parks are typically 2 to 5 acres in size with a double gated entry system to prevent escape. They sometimes contain a separate fenced area for small dogs. Amenities can include water stations, benches, shade structures and bag dispensers. 2.1 Proposed Location (Attachment 1) A Leash Free Park requires at least 2 acres of land for the dog park and additional land for parking. Most of Clarington's existing Neighbourhood Parks are 4-5 acres in size and have active recreation facilities such as sports fields, playgrounds and trails. Neighbourhood Parks are also typically surrounded by houses and streets. Therefore, retrofitting a Leash Free Park into an existing Neighbourhood Park is not recommended. The steering committee agreed that the Leash Free Park should be easily accessible by car from Clarington's urban areas and also in a location that would not adversely impact neighbourhoods. The availability of parking, or the potential to construct a parking lot, was also an important consideration since most users drive to dog parks. Based on those criteria, the committee discussed and evaluated several potential sites including the south end of the Valleys 2000 site, the Newcastle Community Park site, Soper Creek Park, and the municipal land just east of the Bowmanville Rona development. 9-3 REPORT NO.: EGD-019-11 PAGE 4 The committee unanimously agreed that the 3 acre site just north of the Port Darlington Boat Launch best fit the criteria for the Leash Free Park. The attributes of the site include: -easy to reach location by car -central to the urban areas of the municipality -no residential homes adjacent to the site -site is large enough to create a fenced park including a separate area for small dogs. -there is an existing parking lot with the potential to create more parking -site is less than 1 km from the Animal Services Centre on Lake Road -site is next to the Waterfront Trail -site is currently not designated for any other use 2.2 Open House An Open House was held on April 18, 2011 to obtain feedback from the public on the proposed location and also on the proposed rules of use, and the features to include in the park. The meeting was advertised in the local newspapers beginning two weeks prior to the Open House. Forty residents signed in at the Open House. Eight comment sheets were submitted at the Open House and six were submitted via e-mail, but most attendees provided their comments verbally to staff. All of the comments supported the establishment of a Leash Free Park except for one resident who didn't agree with constructing a park that not all residents would use. There were also several requests to consider future Leash Free Parks in Courtice and Newcastle. Most of the comments were related to the rules of use and the features to include in the park. Some modifications to the park design and rules of use are being recommended based on the public comments. 9-4 REPORT NO.: EGD-019-11 PAGE 5 2.3 Leash Free Area Rules Clarington's Responsible Pet Owner By-law prohibits animals from being "At Large" within the Municipality (ie.not under the control of the owner while in any place other than the property of the owner ). The by-law further specifically prohibits dogs from being At Large in any park except within designated areas. This particular section of the By-law was included in the By-law in contemplation of future leash free parks. To grant permission for owners of dogs to allow their dogs to be at large in a public place is a step Animal Services staff have researched and considered very carefully. Based on the many years of experience of our Animal Services Officers and on the experiences of other municipalities who have worked with leash free areas, staff developed a-set of proposed Rules of Use for the designated leash free areas. The intent, of course, for these rules was to create an environment that would allow dogs to run free and socialize with other dogs while minimizing risk to owners and their dogs. The proposed Rules of Use were considered by the Steering Committee and then presented at the Open.House for public comment. The two main issues identified by the comments received were in regards to the number of dogs an owner may bring into the leash free area and the prohibition of unaltered male dogs. Upon further review of the these two particular issues, the proposed Rules of Use have been modified to increase the limit of dogs from two to three to coincide with the number of dogs a person may keep (section 6.2 of the By-law), and to remove the prohibition of unaltered male dogs. Note, all other proposed rules, including but not limited to, age restrictions on persons permitted in the leash free area, prohibition of female dogs in heat and dogs with muzzle orders, and the requirements for licences and vaccinations remain unchanged and are detailed in Attachment 2 to this Report; being a conceptual sign which will be posted at the park. 9-5 REPORT NO.: EGD-019-11 PAGE 6 To implement these proposed Rules of Use, an amendment to our Responsible Pet Owner By-law is required. Based on input from the Animal Services Officers, input from other municipalities across the country who have implemented leash free areas, and input from our residents, staff recommend that Council approve the proposed Rules of Use and adopt the necessary amending by-law, Attachment 3 to this Report, to effect these rules. 3.0 CONCLUSION The Port Darlington Boat Launch site proposed for Clarington's Leash Free Park was identified in the advertisements for the Open House and was presented in greater detail at the April 18th Open House. Most of comments received at the Open House were supportive of establishing a Leash Free Park but did not indicate any particular preference for the location of the park. Some comment sheets did suggest other locations but most,did not reference the proposed location at all. Based on both the verbal and written comments it is recommended that Council approve the Port Darlington Boat Launch site for the Leash Free Park. Should Council approve the proposed location work can begin immediately to grade and seed the site. The opening date for the Leash free Park will depend on how quickly the turf becomes established at the site. The proposed amending By-law establishes rules of use for the leash free area to provide users with a park facility that protects both the dogs and their owners, and which, for the most part have been tried, tested and proven in other municipalities. It is recommended that the amending by-law (Attachment 2 to this Report) be enacted by Council. Attachments: 1. Leash Free Park Conceptual Plan 2. Conceptual Leash Free Park Sign 3. Amending By-law 9-6 WEST BEACH ROAD AREA j0.'k+AC;.G1U33)j` . ...... .... .. ...... c . Ar *A \iz . 7.; VITRV#� ENTRY +1 IL 'c". GAM� 7 4- -lk4 7— +0 PARKING --j -�-Am 03 Not Claring 0 7 Bobby C's LEASH FREE-PARK Marina and CONCEPTUAL PLAN Restaurant EIWMMI C;' ATTACHMENT NO.A REPORT NO.: EGD-019-11 tl' 1� o..k- ,SJ. Leading the .Way Welcome to our Leash Free Doq Area Users of-this Leash Free Area do so at their own risk and are legally responsible for their own dogs and any injuries or damage caused by their dogs. Please comply with the following rules: • All dogs must be licensed and vaccinated • Dog Handlers must be 16 years of age or older to use the Leash Free Area • Children under 6 years of age are not allowed within the Leash Free Area • Female dogs in heat, and dogs with muzzle orders are prohibited from the Leash Free Area • Limit of three (3) dogs per handler and handlers must carry one leash per dog at all times • Ensure that your dog is under verbal control and within sight at all times • Immediately pick up after your dog and dispose of waste in the designated containers • Aggressive dogs must be immediately removed from the Leash Free Area • No smoking, food, breakable containers or toys are permitted in the Leash Free Area • Comply with the Dog Owners Liability Act and other Municipal By-laws, including the Responsible Pet Ownership By-law 2006-227 Park open from dawn until dusk Animal Services 905-623-7651 www.clarington.net m o n 4 0 �o THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT C-1 TO REPORT# Gb� BY-LAW NO.2011-XXX Being a By-law to amend By-law 2006-227, a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington WHEREAS Sections 9 to 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended ("Municipal Act"), confer the power to pass by-laws regulating or prohibiting animals to lower-tier municipality; AND WHEREAS the Dog Owners' Liability Act., R.S.O. 1990, c.D.16, as amended, provides for controls on pit bulls and other dog breeds as defined in the Act; AND WHEREAS the Municipality of Clarington is committed to Responsible Pet Ownership; NOW THEREFORE BE IT ENACTED 1. THAT By-law 2006-227 be amended as follows: 1.1 That the following definitions be added to Section 1.2: LEASH FREE AREA—shall mean an area designated by the Municipality where Dogs are not required to be on a leash but must be under verbal control of an Owner. UNDER VERBAL CONTROL—shall mean a dog in a leash free area that is adhering to the verbal commands of an owner or person that is verbally capable of controlling the dog to prevent the dog from lunging, attacking, biting or interfering with a person or another domestic animal. 1.2 That the words"except in a designated area"in section 4.1.4 (b) be deleted and replaced with the words"except in a Leash Free Area". 1.3 That the following section be added to Section 4—ANIMALS AT LARGE: 4.1.5 Notwithstanding Section 4.1.1, an Owner of a Dog may permit the Dog to be off leash in any Leash Free Area subject to the following: (a) No Owner shall bring into any Leash Free Area: i) a Restricted Pit Bull ii) a Dog that must be muzzled or leashed in accordance with an Order to Restrain issued by the Municipality of Clarington or any other Municipality or under the Dog Owner's Liability Act(DOLA) iii) a Female Dog in heat iv) a Dog without up-to-date vaccinations v) a Dog wearing a spike, chain or pinch collar vi) Any other animal other than a Dog • 9-9 (b) In a Leash Free Area, every Owner of a Dog, shall i) be least 16 years of age and capable of controlling the Dog ii) ensure that their Dog is Under Verbal Control and within sight at all times iii) immediately leash and remove their Dog from the Leash Free Area if it creates a nuisance or shows aggressive behaviour towards any person or other domestic animal iv) immediately leash and remove their Dog from the Leash Free Area at the request of an Animal Services Officer, if, in the opinion of the Animal Services Officer,the Dog is showing signs of aggressive behaviour towards any person or other domestic animal or is creating a nuisance, or if the Owner fails to comply with any provision of this By-law; v) upon entering the Leash Free Area keep their Dog on leash until they are inside the double gate,to prevent escapes; vi) upon exiting the Leash Free Area keep their Dog on leash before exiting the double gate, to prevent escapes; vii) carry a suitable leash at all times for each of their Dog(s); a. limit the number of dogs they are bringing into the Leash Free Area to a maximum of three (3) b. not leave their Dog unattended 4.1.6 Children under 6 years of age are prohibited from entering any Leash Free Area. .4.1.7 Children between 6 and 12 years of age must be strictly supervised by an adult attendant while in any Leash Free Area. 4.1.8 No person shall bring in to or possess while in any Leash Free Area: i) any bottles,containers or any other articles equipment, or utensils, made of glass, china, ceramic or other breakable substance capable of causing injury to a Dog; ii) any food, including but not limited to human.or canine variety. 4.1.9 No person shall conduct classes or professional training within any Leash Free Area. 4.1.10 Every Owner or any person attending a Leash Free Area is legally responsible for their own dog(s)and any.injuries or damage caused by their dog(s). Persons who choose to use any Leash Free Area do so at their own risk. BY-LAW passed in open session this X day of XXXX. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 9-10 • -� REPORT Leading the Way ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, May 9,2011 Resolution #: Report#: EGD-020-11 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR APRIL, 2011. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-020-11 be received for information. Submitted by: ��`"� Reviewed by: A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC*RP*bb May 03, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-1824 9-11 REPORT NO.: EGD-020-11 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of APRIL 2011; Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF APRIL 2011 2010 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2011-2010 Residential 141 $31,694,734 104 $20,416,449 55.2% Industrial 1 $65,000 0 $0 N/A Government 0 $0 2 $2,010,700 N/A Commercial 4 $146,000 2 $29,000 403.4% Institutional 3 $702,000 1 $50,000 1,304.0% Agricultural 2 $100,000 3 $865,436 -88.4% Demolition 6 $0 2 $0 N/A TOTAL 157 $32,707,734 114 $23,371,585 39.9% YEAR TO DATE 2011 2010 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS ONSTRUCTION PERMITS CONSTRUCTION VALUE 2011-2010 Residential 253 $54,643,304 275 $55,022,364 -0.7% Industrial 3 $545,000 0 1 $0 N/A Government 1 $120,000 2 $2,010,700 -94.0% Commercial 15 $978,360 16 $3,061,300 -68.0% Institutional 4 $2,302,000 6 $9,154,400 -74.9% Agricultural 5 $287,416 9 $1,208,536 -76.2% Demolition 10 $0 11 $0 N/A TOTAL 291 $58,876,080 319 $70,457,300 9-12 REPORT NO.: EGD-020-11 PAGE 3 1.2 With respect to building permit activities (over$250,000) and large residential building permit activities, the details are provided as follows: Owner/Applicant Construction Type Location Value KAWARTHA PINE RIDGE DISTRICT Alterations to School 49 LIBERTY NORTH STREET, $618,000 SCHOOL BOARD Washroom (upgrades) BOWMANVILLE 9-13 REPORT NO.: EGD-020-11 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of"APRIL" and "YEAR TO DATE". Dwelling Unit Type"APRIL"2011 Dwelling Unit Type"YEAR TO DATE 2011" 2 34 , 0 34 Apartment Tov,mhouse Apartment Townhouse 1% 0% 18% f l ,cd t S4 , c 116 71 40 Single 12 Single Semi- Detached Semi- Detached Detached 60% Detached 61% 21% 10% FA Single Detached 116 I.�Single Detached 71 0 9 Semi-Detached 12 Semi-Detached 40 91 Townhouse 34 U Townhouse 34 ■Apartment 0 ■Apartment 2 The following is a historical comparison of the building permits issued for the month of"APRIL" and "YEAR TO DATE" for a three year period. Historical Data for Month of Historical Data"YEAR TO DATE" "April" $80,000,000 $35,000,000 --- ----- - --- ---------- ._...__._......-.-_ $70,000,000 $30,000,000 - ------ --- --.____ $60,000,000 $25,000,000 -�- -- $50,000,000 — $20,000,000 .�._____ __._. __.._...._._Y.-__..__.._..___..__.. $40,000,000 $15,000,000 $30,000,000 -- ------ -- $10,000,000 •:L.°� ---_-_.. ___- $20,000,000 �- -- — $5,000,000 -...._.._ $10,000,000 -- -- -- -- $0 .. ._.. .._ $0 - 2011 2010 2009 2011 2010 2009 We $32,707,734 $23,371,585 $7,352,012 Value $58,876,080 $70,457,300 532,607,234 9-14 REPORT NO.: EGD-020-11 PAGE 5 PERMIT REVENUES 2011 2010 April Year to Date April Year to Date PERMIT FEES $203,043 $349,746 $151,369 $501,499 INSPECTION SERVICES 2011 2010 April Year to Date . April Year to Date Building Inspections 504 1,519 485 1,493 Plumbing & Heating Inspections 498 1,681 471 1,713 Pool Enclosure Inspections 0 0 5 6 TOTAL 1,002 3,200 961 3,212 NUMBER OF NEW RESIDENTIAL UNITS 2011 2010 April Year to Date April Year to Date Single Detached 71 116 45 133 Semi-Detached 12 40 6 20 Townhouse 34 34 26 32 Apartments 0 2 0 17 TOTAL 117 192 77 202 9-15 REPORT NO.: EGD-020-11 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2011 (to end of 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 AREA April) Bowmanville 89 282 98 340 451 609 307 587 468 345 312 Courtice 78 236 113 134 82 126 241 173 180 133 129 Newcastle 16 37 24 60 77 84 202 191 123 131 76 Wilmot Creek 4 8 9 30 16 15 15. 25 29 38 24 Orono 0 1 0 2 1 1 1 2 0 1 0 Darlington 1 8 6 10 6 7 14 15 13 17 47 Clarke 1 6 11 5 11 12 13 10 16 15 9 Burketon 0 1 0 0 0 0 1 1 1 1 0 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 3 2 0 0 1 1 1 0 2 5 Hampton 0 0 0 0 1 1 1 0 3 1 1 Haydon 0 0 0 0 0 0 0 0 0 0 0 Kendal 0 1 1 0 1 0 0 1 0 3 2 Kirby 0 1 0 0 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 0 1 0 Maple Grove 0 0 0 0 0 0 0 0 1 0 0 Mitchell Corners 1 0 0 0 1 0 0 1 0 0 0 Newtonville 2 7 5 7 2 2 4 5 3 3 0 Solina 0 1 5 0 6 3 3 3 3 1 1 Tyrone 0 1 0 5 0 0 0 0 3 9 3 TOTALS 192 593 274 1 593 655 861 802 1,015 843 701 609 9-16 Clarin gton REPORT EMERGENCY AND FIRE SERVICES Meeting: . GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: By-law #: n/a Report#: ESD-005-11 File # n/a Subject: MONTHLY RESPONSE REPORT —JAN. FEB. & MAR. - 2011 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-005-11 be received for information. Submitted by: Reviewed by. Gordon Weir, AMCT, CMM111 Franklin Wu, Director Emergency & Fire Services Chief Administrative Officer GW/tw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 11-1 REPORT NO: ESD-005-11 PAGE 2 1.0 BACKGROUND 1.1 Report ESD-005-11 covers the months of Jan. Feb. and March and is intended to provide Council with relevant, timely information on the activity of the Emergency and Fire Services Department. 2.0 COMMENT 2.1 The Department responded to 889 calls during this period and recorded total fire losses of$767,800. Attachment 1 to Report ESD-005-11 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 Attachment#1 to ESD-005-11 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT REPORT PERIOD:January 1, 201100:00:00hrs -March 31, 2011 23:59:59hrs STATION RESPONSE SUMMARY STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 THIS Bowmanville Newcastle Orono Courtice Enniskillen MONTH 1st QUARTER 482 94 58 212 43 889 TO DATE 482 94 58 212 43 889 DESCRIPTION OF CALL TYPES 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 where an illegal grow operation or drug operation was discovered. 11-3 Attachment#1 to ESD-005-11 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT CALL TYPE SUMMARY 2011 2010 QUARTER TO DATE QUARTER TO DATE TOTALS 889 889 759 759 FIRES 19 19 22 22 OUTDOOR, NO LOSS 10 10 12 12 FIRES NON FIRE CALLS 860 860 725 725 Burning (controlled) 7 7 0 0 CO False calls 61 61 0 0 False fire calls 94 94 0 0 Medical/resuscitator calls 470 470 0 0 Other response calls 47 47 0 0 Pre fire conditions/no fire 7 7 0 0 calls Public hazard calls 46 46 0 0 Rescue calls 128 128 0 0 DOLLAR LOSS SUMMARY 2011 2010 THIS SAME PERIOD TODATE PER OD TODATE $767,800 $767,800 $780,600 $780,600 11-4 Attachment#1 to ESD-005-11 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT ENFORCEMENT SUMMARY 2011 2010 ACTIVITY PERIOD TODATE PER E TODATE FIRE INSPECTIONS 77 77 87 87 COMPLAINT INSPECTIONS 41 41 16 16 FIRE SAFETY PLAN 12 12 12 12 REVIEW PLANS REVIEW 34 34 35 35 SITE VISIT/ 33 33 37 37 APPROVAL/PERMIT ALARM FOR LIFE PROGRAM RESIDENTIAL 0 0 3 3 VISITS PART 1 SMOKE ALARM 0 0 0 0 TICKETS ISSUED PART 3 FIRE CODE 3 3 0 0 CHARGES FIRE INVESTIGATION 7 7 0 0 PUBLIC EDUCATION SUMMARY 2011 2010 ACTIVITY PERIOD TODATE PER E TODATE STATION TOURS 4 4 14 14 SCHOOL VISITS 1 1 8 8 FIRE SAFETY HOUSE VISITS 0 0 0 0 PUBLIC EVENTS 3 3 1 1 SAFETY LECTURES 9 9 2 2 FIRE EXTINGUISHER 3 3 0 0 TRAINING FIRE TRUCK VISITS 0 0 0 0 11-5 Clarington REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution#: By-law#: Report#: ESD-006-11 File#: Subject: Minimum Staffing Report- Response to Questions RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 THAT Report ESD-006-11 be received for information. Submitted by: �- Reviewed by' Gordon Weir, AMCT, CMM111 Franklin Wu, Director Emergency & Fire Services Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 11-6 REPORT NO.: ESD-006 -11 PAGE 2 1.0 PURPOSE OF THE REPORT 1.1 During the Special Council Meeting of March 10, 2011 the Director of Emergency Services/Fire Chief was requested to deliver a report to Council regarding the implications of a minimum of four firefighters on a fire truck. In addition, the Fire Chief was requested to respond to two documents distributed to Council by the Clarington Professional Firefighters Association. The first document was entitled "Fire Apparatus Staffing Levels for Clarington Emergency and Fire Services". The second document was in the form of a paper that was distributed to members of Council the morning of the Special Council meeting. Lastly, Councilor Neal had further several questions regarding fire calls etc. as well. 2.0 BACKGROUND 2.1 The body of Report ESD-006-11 is in the form of Questions and Answers. The twenty eight (28) questions are in bold for clarity. Many questions contained in the documents were directed to Council and in these instances, staff has provided a response for Council's consideration. Council is reminded that their role is to look at its needs and circumstances and set the level of service they feel sufficient. The role of the Director of Emergency Services/Fire Chief is to administer the delivery of service levels and make necessary recommendations regarding our current service levels and Departmental needs. Items such as annual reports, updates and the Master Fire Plan have been provided over the years to Council for endorsement. 3.0 QUESTIONS AND ANSWERS 3.1 What are acceptable standards or guidelines for the staffing apparatus? The following NFPA Standards and Public Fire Safety Guideline speak to staffing of volunteer fire department vehicles and career fire department vehicles during emergency operations: • NFPA Standard 1410-Standard on Training for Initial Emergency Scene Operations • NFPA Standard 1500-Standard on Fire Department Occupational Safety and Health Program • NFPA 1710 Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments • NFPA 1720 Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Departments 11-7 REPORT NO.: ESD-006 -11 PAGE 3 • The Ontario Fire Marshal (PFSG) 04-08-10 Operational Planning: An Official Guide to Matching Resource Deployment and Risk. This evaluation system is part of an overall package of risk management tools designed to provide a systematic process for determining community fire risks, evaluating current fire service resource capabilities, identifying gaps, and developing options and recommendations for Council consideration. The principles of this evaluation system build upon and enhance OFM risk management tools and other tools of recognized leaders in the North American Fire Service. This guide, which includes the Critical Task Matrix, addresses the overall structural fire risk in a community and the need to plan for it. This guideline takes a more comprehensive approach than previous OFM guidelines. • NFPA 1410, NFPA 1500, NFPA 1710, NFPA 1720 and PFSG 04-08-10 Operational Planning: An Official Guide to Matching Resource Deployment and Risk are the standards and guidelines used in determining apparatus staffing. 3.2 What are the benefits of adequate fire apparatus staffing? The Office of the Ontario Fire Marshal's Comprehensive Fire Safety Effectiveness Model — Fire Attack Teams, provides activities that a crew of three, four, five or six fire fighters could be expected to perform when undertaking the initial response to a fire emergency. It should be emphasized that the activities outlined below represent the functions that can be carried out by the crew which is first to arrive and assemble at the scene. Three Person Crews: Interior rescue and suppression operations should not be attempted except in limited circumstances*. It will be possible to establish fire ground command, complete with size-up, followed by the sequential assignment of single tasks in the order dictated by the situation. Single tasks that can be safely accomplished include: • establishment of a water supply from a hydrant (if available) • establishment of pumper operations • laying of one hose line to the point of entry into the involved structure • limited exterior fire fighting including the raising of a ladder beyond the first floor of the structure • limited exposure protection of surrounding structures • setting up of a ground monitor • external rescue using a ladder extended to the point of exit for those persons in the building capable of self-help • rendering first aid to persons who have exited the involved structure • forcible entry operations • shutting off utilities to the structure • limited ventilation functions • very limited salvage capability 11-8 REPORT NO.: ESD-006 -11 PAGE 4 It must be recognized that some of the foregoing operations, particularly those involving ground ladders, will in all likelihood compromise fire ground command and/or pumper operations by multitasking the Incident Commander or pump operator. Operations which cannot be accomplished safely until such time as additional assistance has arrived on-site include: • deployment of back-up protection lines • conducting interior suppression or rescue operations • ventilation operations requiring access to the roof of the involved structure • the use of large (65mm) hand-held hose lines • establishment of a water supply from a static source within reasonable time limits With three firefighters it is difficult to provide fire fighters with the rest breaks required for them to cope with the problems associated with the build-up of metabolic heat. Command and pump operations will be compromised as the situation evolves, particularly if additional assistance is not immediately forthcoming. *Note: For interior fires rapidly gaining in intensity, crews of less than four fire fighters should not attempt interior suppression or rescue operations except in very limited circumstances (such as a victim collapsed in close proximity to a window or exterior doorway, or where the fire is confined to a very small, readily accessible area). Four Person Crews: Four Person Crews are limited to Three Person Crew functions, as described in the previous section, until such time as a water supply from an external source is established. Single sequential tasks, based upon the demand of the situation, which may be accomplished following the establishment of a water supply include: • two person interior search and rescue with no hand-held back-up line • two person interior structure fire fighting with no rescue component and no hand-held back-up line • limited roof level ventilation operations • laddering operations • salvage operations In addition, the increase in crew size to four persons provides for improved command and pumper operations through the assignment of a single function to the driver and supervisor. However, either the driver or the supervisor will be required to assist with certain functions, such as setting up and providing assistance for the safe operation of ladders for roof-level ventilation. 11-9 REPORT NO.: ESD-006 -11 PAGE 5 Staff limitations dictate that exterior tasks can only be accomplished with the exclusion of interior operations. It is not possible to provide hand-held back-up protection lines. Other operations possible to a limited extent include: • use of large (65 mm) diameter hand lines • establishment of a water supply from a static source • establishment of a second point of entry and approach to the fire location in the structure • preparing for a second area of search and rescue for person(s) in need of rescue Five Person Crews: Five Person Crews represent a larger team and provide an enhanced level of efficiency and effectiveness. Five Person Crews can take a hydrant supply line for the pumper on approach to the emergency scene plus any one of the following: • simultaneous carrying out of Four Person Crew single task interior assignments as described above • all Three Person Crew exterior operations as single tasks following the establishment of water supply as described above • support of ground level activities Five persons at a fire scene remain limited in their ability to: • conduct coordinated multiple activities • conduct effective fire fighting operations when the fire extends beyond the room of origin Six Person Crews: Six Person Crews provide adequate personnel to perform all Five Person Crew tasks described above, plus: • coordinated assignment of multiple tasks • establishment of a second rescue team • simultaneous rescue and suppression Past studies have suggested that there is a definite teamwork advantage if Six Person Crews arrive on one vehicle versus those same six people arriving on two separate vehicles. All functions necessary to reduce personal injury, loss of life and damage to property and the environment cannot be conducted on a prompt and efficient basis with a single crew even where staffing levels of six fire fighters are present. The trucks and crews responded to forty six (46) structure fires in 2010, 1.4 % of the Department's calls. The ability to extinguish any of these fires did not lie solely with the first vehicle and firefighters to arrive, but with the timely arrival of additional fire fighters. 11-10 REPORT NO.: ESD-006 -11 PAGE 6 3.3 What are the limiting factors that could preclude the CEFS from increasing staff on fire apparatus? The Department's forty four (44) firefighters could be assigned to a Pumper truck in Bowmanville and a Pumper truck in Courtice. This action will: • immediately reduce the level of service provided by the SCAT truck; • delay staffing Station 2 Newcastle with full-time firefighters; and • require opening the Collective Agreement to address Articles i.e. vacation 3.4 Do you think firefighters should continue to add additional risk to themselves with a crew size of three? In January 2005, Policy 6-4-P Risk Management was established to assist supervisors in evaluating risk to workers with respect to the purpose and potential results of their actions in each situation. Incident Commanders are to integrate risk management into the regular functions of Incident Command. Incident Commanders are to apply the following principles: • Activities that present a significant risk to the safety of workers shall be limited to situations where there is a potential to save endangered lives; • Activities that are routinely employed to protect property shall be recognized as inherent risks to the safety of workers and actions shall be taken to reduce or avoid these risks; • No risk to the safety of workers shall be acceptable when there is no possibility to save lives or property. In situations where the risk to workers is excessive as defined above, activities shall be limited to defensive (exterior) operations, in accordance with the previously indentified tasks identified as appropriate for Three Person Crews. At significant incidents or special operation incidents, the Incident Commander shall assign an employee (Safety Officer) to evaluate hazards and provide input with respect to the overall safety of workers. For many years an internal group of Association members participated in quarterly meetings with Management to discuss safety issues. As of November 2010, the Association advised they would no longer be participating in these meetings. Despite this, all full-time and volunteer firefighters are trained and expected to apply the requirements of the Occupational Health and Safety Act, specifically the duties and responsibilities of supervisors and workers. The method of staffing pumper trucks in Clarington has been an accepted practice since 1987. Advancements in equipment, training and direction provided by policy provide for reducing risks to firefighters in a naturally inherent dangerous profession. 11-11 REPORT NO.: ESD-006 -11 PAGE 7 3.5 With the new firefighters approved on Monday night, how will you staff your crews? The four (4) new firefighters will bring the Department's compliment of full-time firefighters to forty eight (48). The forty eight (48) firefighters will deployed to the four (4) platoons as outline in Chart 1. Chart 1: Deploy forty eight (48) firefighters equally to each platoon staffing trucks in Bowmanville and Courtice. On-Duty Pump 1 Pump 4 2nd Truck Firefighters Bowmanville Courtice Bowmanville 12 4 4 4 11 4 4 3 10 4 4 2 9 4 3 2 8 3 3 2 7 4 3 0 6 3 3 0 Less than six (6) on-duty would require overtime staff It is the intent of the Department to continue to apply the principles of the Fire Master Plan while providing effective fire protection services to the community. As soon as Station 2 — Newcastle is rebuilt, the forty eight (48) firefighters will be redeployed to the four (4) platoons staffing a pumper truck in Bowmanville, Courtice and Newcastle. 3.6 In your professional opinion, do you think the Town of Courtice is under staffed according to your present staffing levels currently used? Currently Station 4 — Courtice is staffed with career firefighters twenty four hours a day, seven days a week (24/7) on a platoon system as illustrated in Chart 2. In addition, a compliment of twenty five (25) volunteer firefighters is assigned to Station 4. 11-12 REPORT NO.: ESD-006 -11 PAGE 8 Chart 2: The deployment of firefighters per platoon On-Duty Iowmanville Courtice Firefighters 11 7 4 10 6 4 9 5 4 8 4 4 7 4 3 6 3 3 Less than six (6) on-duty overtime staff are called in Four (4) fighters assigned to each platoon with a minimum of three (3) firefighters on-duty at Station 4 along with the compliment of twenty five (25) firefighters has been effective in providing fire protection services from the Courtice Fire Station since 1988. It is important to note that when an emergency occurs in Clarington, the emergency is not limited to the resources of the closest station. It is very common for trucks and firefighters from all five of Clarington's Fire Stations to be utilized to mitigate an emergency and provide continuing coverage to the community. 3.7 If you take the SCAT out of service, can the Fire Department maintain an average of 4 men on a truck with a zero cost implication? Chart 3 illustrates the present deployment of firefighters per platoon. Eleven (11) firefighters on duty is the maximum and six (6) firefighters on duty is the minimum. The Association's request to have an average of four (4) firefighters on a truck is an increase in the minimum platoon staffing from six (6) to eight (8) firefighters. Chart 3: The deployment of firefighters per platoon On-Duty gowmanville Courtice Firefighters 11 7 4 10 6 4 9 5 4 8 4 4 7 4 3 6 3 3 Less than six 6 on-duty overtime staff are called in 11-13 REPORT NO.: ESD-006 -11 PAGE 9 In 2010, to maintain a minimum platoon staffing of six (6) firefighters $53,000 in overtime wages was paid out. The Collective Agreement provides firefighters paid leave of absence for the following: • Association Business • Bereavement • Jury and Court Duty • Sick Leave (3 year average of 7.71 days per firefighter/annually) • Educational Courses • Vacation • Days in Lieu for Statutory Holidays In addition, the Corporation has the exclusive function of maintaining order, discipline and efficiency, and from time-to-time enforces the rules and regulations. Failure to adhere to rules and regulations, in serious incidents has resulted in unpaid absence from duty. Employing a minimum staffing of four (4) firefighters on a pumper truck will: • Require opening the Collective Agreement to address Article 15 Vacations or firefighters called-in on overtime to fulfill the Corporation's obligation • Cause an increase in overtime paid to firefighters called in on overtime to maintain a minimum platoon staffing (conservative estimate is $176,000) 3.8 You have discussed 10 firefighters in 10 minutes; are part time firefighters used in these calculations? Ten (10) firefighters in ten (10) minutes is no longer the recognized guideline as a result of the Ontario Fire Marshall rescinding Public Fire Safety Guidelines PFSG 04-08-12, Staffing — Single Family Dwellings, and PFSG 04-08A-03, Optimizing Rural Emergency Response on November 10, 2010. Volunteer firefighters were used in determining the depth of response for the 2008 Fire Master Plan Update provided by Dillon Consulting. 3.9 When is Council going to be briefed on "Matching Resource Deployment and Risk"and how will this impact us in the next four years? The Municipality needs to evaluate its existing fire suppression capabilities to ensure that it is managing all fire risk levels within its communities, responding to and addressing fires that occur and meeting public and Council expectations. Based on critical tasks from the incident management system, Operational Planning: An Official Guide to Matching Resource Deployment and Risk is a tool for Municipal decision-makers to use to analyze their resource needs for the levels of fire risk in their communities. This is a five-step process that offers a systematic and logical process of assessment, planning and implementation. 11-14 REPORT NO.: ESD-006 -11 PAGE 10 Past response data will be collected, incidents are reviewed, gaps in fire suppression identified and options developed. Clarington Emergency and Fire Services is among the first composite department in Ontario to utilize this guide. Fire Prevention Inspector Reid has been seconded to facilitate the accumulation of data. Administration staff along with staff from the Ontario Fire Marshal's Office will work diligently to provide recommendations to Council for consideration. A date for a report cannot be pinpointed at this time. 3.10 In recent articles you have stated that 98% of the time you have a dedicated volunteer back up for the three person crews. How did you come to this number? In 2010, volunteer firefighters were paged and responded with fourteen hundred and thirty seven (1,437) truck responses. Twelve (12) times a volunteer station could not respond a truck. All emergency responses into areas primarily responded to by volunteer firefighters are supported by a response of full-time firefighters. This practice ensures a response. 3.11 How much does it cost to run the "Part time on call when available" annually? In 2010, the expenditure for 125 Volunteer firefighters was $775,855. 3.12 With Newcastle moving into full time In the future do you think that some of the part time salary savings might be beneficial to cost cutting and the cost deferrals in paying for the full time firefighters as we move staff Newcastle full time? Presently twenty five (25) volunteer firefighters are employed at Station 2 - Newcastle. These volunteer firefighters staff a pumper truck, aerial truck and tanker truck. In 2010, the expenditure for Station 2 - Newcastle and the 25 volunteer firefighters was $264,101. Full-time firefighters at Station 2 - Newcastle will staff a pumper truck over and above the trucks already utilized by volunteer firefighters. For this reason the compliment of twenty five (25) volunteer firefighters should not be reduced as they will be required to provide depth of response. It is anticipated that the expenditure for volunteer firefighters at Station 2 - Newcastle will decrease but this decrease will be slight in comparison to the expenditure required for to staff Station 2 - Newcastle with full-time firefighters. 11-15 REPORT NO.: ESD-006 -11 PAGE 11 3.13 Does the Ontario Fire Marshal recommend 3 person crews? The Ontario Fire Marshal provides Municipalities the ability to deliver suppression services in accordance with local needs and circumstances. The Ontario Fire Marshal does not recommend crew sizes. 3.14 Can we quote to the public that we have an exceptional response by full and part time firefighters and are able to achieve 10 firefighters in 10 minutes, where we have full-time stations? The composition of Clarington Emergency and Fire Services is unchanged since Council was provided the 2008 Fire Master Plan Update. Fire Protection Services is provided to the community from fire stations located in Courtice, Bowmanville, Newcastle, Orono and Enniskillen. Each station has a compliment of twenty five (25) volunteer firefighters for a total of one hundred and twenty five (125) along with the forty four (44) full-time firefighters. Modeling results in the 2008 Fire Master Plan Update summarized a depth of response, 10 firefighters in 10 minutes — 28% coverage. This 28% coverage is achievable in the area between Martin Road (Bowmanville) and Prestonvale Road (Courtice) and South Service Road and Nash Road. This area of Clarington is covered by stations staffed with full-time firefighters, Station 1 — Bowmanville and Station 4— Courtice. 3.15 Can the Fire Department honestly tell the public that we can always staff an apparatus in their area? No, volunteer firefighters cannot staff apparatus 100% of the time. In 2010, the Department responded to thirty two hundred and seventy four (3,274) calls for service. Of that, volunteer firefighters were paged to respond fourteen hundred and forty nine (1,449) times and did so fourteen hundred and thirty seven (1,437) times, a clear example of the dedication of Clarington's volunteer firefighters. In all areas of Clarington, an emergency response includes full-time firefighters into the areas primarily protected by volunteer firefighters. This practice ensures a response. 3.16 What is your opinion of the N.I.S.T. Report? The NIST Report is a comprehensive report, one of many reports available in the fire service. This report speaks to the efficiencies of initial response teams consisting of two, three, four or five persons tasked with field experiments for a low hazard residential structure fire as defined in NFPA 1710. 11-16 REPORT NO.: ESD-006 -11 PAGE 12 3.17 Do you think that our full time firefighters should have the same benefits of staffing as other full time Departments in the Durham Region? Clarington Emergency and Fire Services is a composite Department for a number of reasons: • large geographical area (as large as the rest of the southern Durham Region combined) • pockets of urbanization (Courtice, Bowmanville, Newcastle, Orono etc.) • effectiveness of volunteer firefighters and full-time firefighters to provide fire protection services to the community Fire Departments along the lakeshore of Durham Region are staff with full-time firefighters because of population intensification, industrial development, along with commercial and retail outlets that emerge as a result of growth. To build an emergency and fire service that provides four (4) firefighters in four (4) minutes anywhere in Clarington will be a decision of Council. 3.18 In 2008 funds worth $1.5 million specifically identified for the new building for Station 2 that came from the Provincial government confers was downloaded for where did those funds go? Are we in danger of losing it back to the Provincial government if we do not use it in 2011? No, we are not in danger of losing funds provided for Station 2 — Newcastle. 3.19 Do you think the Fire Department is taking all reasonable precautions when allowing 3 persons on a crew? Over the years the Association has made several attempts to compel the Municipality to increase the minimum number of firefighters on a truck, staff every truck with a Captain and have only full-time firefighters provide fire prevention and public education services across the Municipality; in essence mortifying the values of a composite department and pronouncing Clarington Emergency and Fire Services a full-time Fire Department. The Fire Protection and Prevention Act grants the Municipality broad and exclusive powers to determine the precise staffing complement required for the delivery of fire protection services. On this matter, arbitrators have ruled in favor of Municipalities in determining the level of services provided and in essence have told Associations to negotiate. For many years the Association participated in meetings with Management to discuss safety issues. As of November 2010, the Association decided to take their concerns to the Municipality's Occupational Health and Safety Committee. Despite this change, the Department does regularly meet with supervisors providing an opportunity to address their concerns. In addition, all full-time and volunteer firefighters are trained and expected to apply the requirements of the Occupational Health and Safety Act and Department policies. Department 11-17 REPORT NO.: ESD-006 -11 PAGE 13 policies include a minimum response to all known incidents. Full-time Officers have the ability to add to or reduce the response of apparatus and firefighters to an incident, the ability to initiate full-time call back, and apply operational and safety polices i.e. managing risk, hazardous incidents. The Collective Agreement provides full-time firefighters with vacation time and days off in lieu of statutory holidays, both are known has scheduled days off. The Department must accommodate both scheduled days off and unscheduled absenteeism as it occurs. Also the Department provides firefighters the means to enhance their skills, knowledge and abilities by attending the Ontario Fire College and other seminars or courses. Given the above, the Department endeavors to staff trucks efficiently and provide an effective fire protection force. There times when there is a crew of three (3) but the Department always, and will continue to, takes all reasonable precautions when proving for the safety of all firefighters, full-time or volunteer. 3.20 Is CEFS taking all reasonable steps to follow guidelines prepared by the OFM and NFPA in relation to the way that the Fire Department is staffed and execute its fire suppression activities? The Fire Protection and Prevention Act grants the Municipality broad and exclusive powers to determine the precise staffing complement required in deliver fire protection services. Regularly staff reports along with timely consultant reports provide Council with knowledge in how the Department is executing its responsibilities. 3.21 How many weeks do the firefighters spend at Fire College? Firefighters are scheduled to attend courses at the Ontario Fire College to continue to enhance their skills, knowledge and abilities. In past years firefighters attended the Ontario Fire College two (2) weeks per year. Recent communications with staff qualified each firefighter is permitted to attend the Ontario Fire College for a maximum of ten (10) days per year [one (1) week is considered five (5) days]. The structure of most courses is that they are either two (2) or three (3) day courses. Note: Firefighters apply to the Ontario Fire College and the College manages acceptance into courses and who is wait listed. The Department manages college attendance, keeping in mind vacation and lieu day schedules. 3.22 Is our overtime high in comparison to other Fire Departments? Overtime costs for 2010 was approximately $53,000 compared to $425,000 - $500,000 for other Fire Departments in southern Durham Region. 11-18 REPORT NO.: ESD-006 -11 PAGE 14 Factors that attributed to this large difference include: • For the past eight (8) years Clarington has been up—staffing to fulfill the strategies of the Fire Master Plan • Number of full-time firefighters in each Department, range from eight four (84) to one hundred sixty five (165) • Level of fire protection services provided by the given Municipalities • Composition of the Departments - Oshawa, Whitby, Ajax and Pickering Fire Departments are staffed with full-time firefighters only 3.23 With the SCAT Truck being a response vehicle from Station One, is it your intent that the vehicle continue to be a response vehicle after Newcastle is opened as a full time hall? Deploying forty eight firefighters (48) as recommended in the 2008 Fire Master Plan will not permit staffing the SCAT truck. 3.24 Is staffing the fire apparatus to the industry standard and promoting the health and safety of our constituents and our firefighters going to cause outrageous overtime? Employing a minimum staffing of four (4) firefighters on a pumper truck will impact the overtime budget. Conservative estimates suggest overtime costs in the area of$176,000 to maintain a minimum staffing of four (4) firefighters on a pumper truck was highlighted in Report ESD-004-11. Health and safety is always paramount regardless of the number of firefighters on a truck. It is staff's believe that overtime will become more of an issue. 3.25 What was the breakdown of calls for the Department 2010? Breakdown of Call Volume by Station Station 1 Station 2 Station 3 Station 4 Station 5 Bowmanville Newcastle Orono Courtice Enniskillen 1772 (l) 377 206 (l) 812 105 Breakdown of Call Volume for Full-time Trucks Full-time Trucks Station 1 Station 4 Pumper 1 1729 Pumper 4 1244 SCAT 1 1096 11-19 REPORT NO.: ESD-006 -11 PAGE 15 Breakdown of Call Volume for Volunteer Trucks Volunteer Trucks Station 1 Station 2 Station 3 Station 4 Station 5 Pumper 11 56 Pump 2 381 Pumper 201 P44 p 264 Pump 5 112 Tanker 1 24 Tanker 2 91 Tanker 3 58 Tanker 4 18 Tanker 23 Aerial 72 Aerial 2* 0 ATV 18 Aerial 4* 18 Utility 1 20 Rescue 55 Utility 3 22 Rescue 4 * In late December Aerial 4 was relocated in Station 2 and Rescue 2 was relocated in Station 4 Breakdown of Call Volume by Category, provided by the Data Application and Technical Support Unit, Office of the Ontario Fire Marshal Emergency Call Summary Response Types Total Calls 2010 totals 3274 Fire Response 93 3% ----------------------------------------------------------------------------------------------------------- Loss Reported Outdoor 10 0% Structure 46 1% Vehicle 32 1% No Loss Reported Outdoor 2 0% Structure 1 0% Vehicle 2 0% - --------------------------------------------------------------------------------------- ------------------ Fire Response — Outdoor No 80 2% -Loss -------------------------------------------------------------------------------------- -- ----------------- N-on-Fire- -Call 3,101 95% - - --- -- -- ---- - - ------------- Burning Controlled 114 3% CO False Calls 203 6% False Fire Calls 295 9% Medical/resuscitator Call 1683 51% Other Response 237 7% Pre Fire Conditions/No Fire 50 2% Public Hazard 131 4% Rescue 388 12% 11-20 REPORT NO.: ESD-006 -11 PAGE 16 3.26 How many structure fires were there, who was the primary station, time of call, what trucks were dispatched, arrival time of trucks, and the number of staff that responded? See Attachment #1 to ESD-006-11 3.27 How many times could a volunteer station not respond in 2010? In 2010, a volunteer station could not respond twelve (12) times. 3.28 Why was the insufficient staffing button disabled? The Crisys system is a Computer Aided Dispatcher Software used by Emergency Services for among other things, to dispatch apparatus and record call data. Clarington Professional Firefighters Association began to record dates and times when volunteer trucks could not respond due to lack of sufficient staffing (1firefighter for a tanker or rescue truck, 3 firefighters for a pumper or aerial truck) and present their data to the Fire Chief. The Fire Chief of the time decided to collect the data. A benchmark was created in the CAD system, a definition and direction was provided to dispatchers for applying this benchmark. At some point the definition of insufficient staffing began to expand and the benchmark was inappropriately being used to inflate the statistic on a regular basis. Deputy Chief Berney identified another means of reporting this data, and in the interest of the Municipality, disabled the benchmark. 4.0 SUMMARY 4.1 Council approved in the 2011 budget the hiring four (4) full-time firefighters bringing the total number of full-time firefighters to forty eight (48). Each of the five (5) fire stations have a compliment of twenty five (25) volunteer firefighters for a total compliment of one hundred and twenty five (125) volunteer firefighters. The Department's total suppression force is one hundred and seventy three (17 3) firefighters. 4.2 Staffing full-time pumper trucks with four (4) firefighters will immediately impact the strategies of the 2008 Fire Master Fire Plan, reduce the level of service provided by the SCAT truck and delay staffing Station 2 — Newcastle with full- time firefighters. 4.3 The crew size of the first arriving pumper truck whether it be three (3), four (4), five (5) or six (6) firefighters will be limited to what can be accomplished until additional trucks and firefighters arrive on scene. The timely arrival of additional trucks and firefighters provides for depth of response. It is this depth of response that will, more times than not provide for a successful fire suppression operation. 11-21 REPORT NO.: ESD-006 -11 PAGE 17 4.4 The Department's current number of full-time firefighters can be deployed permitting a minimum of four full-time firefighters on a pumper truck. However, the Corporation's obligations under the Collective Agreement along with firefighters scheduled and unscheduled absence from duty would suggest opening the Collective Agreement to address articles and insert controls is required. The cooperation of the Association will be required to achieve this. 4.5 Staff recommends Council defer any decisions regarding staffing pumper trucks or platoon staffing until such time as the completion of the Operational Planning: An Official Guide to Matching Resource Deployment and Risk. This staff report will be built using local data detailing the Municipality's risks, resources, and probability. With this information Council will have a complete package to make decisions regarding the delivery of fire suppression services. 4.6 Part II of the Fire Protection and Prevention Act (FPPA) states, "Every municipality shall: a) Establish a program in the Municipality which must include public education with respect to safety and certain components of fire prevention and, b) Provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances." 4.7 In 1974, the Orono, Newcastle and Bowmanville Volunteer Fire Departments were amalgamated to become the Town of Newcastle Fire Department. During this era, two (2) firefighters were hired full-time and based out of the Bowmanville Fire Station. In June 1974, the Department opened a fourth fire station located in Courtice. The Department's total complement was sixty-two (62) firefighters; two (2) full-time and sixty (60) volunteer. 4.8 From 1987 to 1994, the Department opened a new fire station in Enniskillen and staffed it with twenty-five (25) volunteer firefighters. As well, a progressive recruitment of thirty (30) full-time firefighters provided for the staffing of a pumper truck in Bowmanville and Courtice 24 hours a day, 7 days a week (24/7). In addition, four (4) firefighter/dispatchers were hired and based in Bowmanville to perform the duties of dispatch. 4.9 The firefighters work a four (4) platoon system, with eight (8) firefighters and one (1) dispatcher assigned to a platoon. A minimum platoon staffing of six (6) firefighters plus one (1) dispatcher has been established. By 1994, the Department's volunteer firefighter complement was increased to twenty-five (25) per station for a total of one hundred and twenty-five (125) volunteer firefighters. 4.10 In 2003, Dillon Consulting presented the Clarington Emergency and Fire Services (Fire Department) with a Master Fire Plan. The Master Fire Plan applied two (2) performance measures namely, First Response and Depth of Response. In doing so they provided recommendations with respect to staffing, apparatus and stations. In 2008, Dillon Consulting prepared the Clarington Emergency and Fire Services 2008 Fire Master Plan Update. The update recognized the achievements since 2003 and provided recommendations for 11-22 REPORT NO.: ESD-006 -11 PAGE 18 hiring firefighters, divisional staff, fire station construction and apparatus purchases to support Municipal growth to the year 2020. 4.11 During the years 2007-2010, no full-time suppression staff was hired and to date, forty-four (44) full-time firefighters staff a pumper truck in Bowmanville and Courtice respectively 24/7, and when staffing permits a SCAT truck based in Bowmanville. As well, four (4) firefighter/dispatchers are based in Bowmanville 24/7. The minimum platoon staffing is six (6) firefighters and one (1) firefighter/dispatcher. 5.0 ANALYSIS 5.1 Several documents were researched to determine if such minimum staffing is a requirement including the Ontario Fire Marshal's Operational Planning Document: An Official Guide to Matching Resource Deployment and Risk, which was released January 2011. It replaces the older guidelines "PSFG 04-08-12 Staffing Single Family Dwellings". Staff are currently working through the critical task matrix to identify gaps in fire suppression capabilities. The National Fire Protection Association (NFPA) 1710, an American document, provided minimum requirements for staffing an engine company or truck company. The Standard sets requirements for the number of personnel required per company, not per apparatus. Therefore, if a company is composed of two or more engines, it can staff each engine with two personnel, as long as the company contains a minimum of four personnel continually operating together. Since most jurisdictions deploy one engine or truck per company, most jurisdictions must staff each engine or truck with a minimum of four personnel. This criteria applies to low hazard situations such as single-family occupancies. Where tactical hazards, high hazard occupancies, high incident frequencies, or geographical restrictions apply, companies must be staffed with a minimum of five or six on- duty members. The number of additional fire fighters above four is predicated on the specific duties to be accomplished at these high hazard locations as well as the time requirements associated with initiating these tasks. A third document was reviewed as well from the National Institute of Standards and Technology (NIST) called "Report on Residential Fireground Field Experiments". 5.2 The Department currently employs the following suppression staff: • one hundred and twenty-five (125) volunteer firefighters, twenty-five (25) at each of the five (5) stations • four (4) firefighter/dispatchers based at the Bowmanville Station • forty-four (44) full-time firefighters 5.3 An additional four (4) firefighters were approved in the 2011 budget. The total complement will be four (4) firefighter/dispatchers and (forty-eight) 48 full-time firefighters for suppression activities. 11-23 REPORT NO.: ESD-006 -11 PAGE 19 5.4 The Collective Agreement between Clarington Professional Firefighters Association, Local 3139, and the Municipality of Clarington provides members with: • Vacation entitlement (on average 3.79 weeks annually, based on years of service) • Statutory Holidays, referred to as Lieu Days (13 days annually) • Sick Leave (12 days annual entitlement, with the average days used being 5.9) • Leaves for Association business, bereavement leave, jury duty, etc. 5.5 Firefighters are provided the opportunity to attend two (2) weeks of training at the Ontario Fire College annually. Other forms of training are provided by Ontario Power Generation and the Municipality in addition to the two (2) weeks. 5.6 The distribution of the forty-four (44) full-time firefighters and four (4) firefighter/dispatchers over four (4) platoons is twelve (12) assigned per platoon. Illustrated below in Chart 1 is our staff deployment. Once on-duty staff is below seven (7), overtime would be required. Chart 1 On-Duty Pump 1 Pump 4 SCAT 1 Dispatch Staff/Platoon Bowmanville Courtice Bowmanville Bowmanville 12 5 4 2 1 11 4 4 2 1 10 4 3 2 1 9 3 3 2 1 8 4 3 1 7 3 3 1 5.7 In 2010, the Department paid out approximately $91,995 in overtime wages. Of that, $53,424 was paid in overtime wages to maintain a minimum platoon staffing of seven (7). Through the Municipality's Memorandum of Understanding with Ontario Power Generation, the Municipality was reimbursed approximately $26,000 for overtime costs due to training. 5.8 Staffing a minimum of four (4) fighters on a pumper truck will impact the performance measures suggested by Dillon Consulting with regards to the Clarington Emergency and Fire Services 2008 Fire Master Plan Update and the proposed timings of recommendations schedule. The implementation schedule we have utilized to advise Council to up-staff the Department with firefighters will have to be recalculated. 5.9 Employing a minimum staffing of four (4) firefighters on a pumper truck will initially impact service levels (# of responses) provided by the SCAT Truck as seen in Chart 2. The reduction in SCAT responses will ultimately increase the responses of pumper trucks which is a less effective use of these resources. 11-24 REPORT NO.: ESD-006 -11 PAGE 20 Chart 2 On-Duty Pump 1 Pump 4 SCAT 1 Dispatch Staff/Platoon Bowmanville Courtice Bowmanville Bowmanville 13 5 5 2 1 12 5 4 2 1 11 4 4 2 1 10 5 4 1 9 4 4 1 5.10 Employing a minimum staffing of four (4) firefighters on a pumper truck will impact the Department's overtime budget. Conservative estimates suggest an overtime budget of$176,000 to maintain a minimum staffing of four (4) firefighters on a pumper truck. 6.0 CONCLUSION 6.1 As per the FPPA, it is the responsibility of Council to set the level of service it deems necessary. Clarington Emergency and Fire Services is a composite Department, employing a suppression force of forty-four (44) full-time firefighters and one hundred and twenty-five (125) dedicated volunteer firefighters. Full-time firefighters and volunteer firefighters complement each other in providing emergency response services to the residents of Clarington. 6.2 A change in the minimum staffing of a pumper truck will also affect the future staffing of the Newcastle Fire Station, as a minimum of twenty (20) firefighters will be required. As has previously been indicated to Council a new modern fire station in Newcastle is required immediately and with call volumes increasing the need for a full-time staffing is required. The change in staffing will no doubt delay this happening for many years. 6.3 Council should also be cautioned that the minimum staffing must only be applied to pumper trucks as applying such staffing to other suppression vehicles will hinder future deployment of other vehicles effectively. 6.4 In closing, if Council determines a minimum staffing of four (4) firefighters per pumper truck is warranted, it can be accomplished with current staff levels. There will however be increased overtime costs and a reduction in service levels as a result of the SCAT truck being regularly removed from service. Full-time firefighters in Newcastle will also be delayed. Attachments: Attachment#1 —Answer to Question 3.26 11-25 ATTACHMENT# 1 to REPORT ESD 006-11 Number Primary Number of Date Call Time Unit Name Dispatched On Location of Fires Station Firefighters 1 Station 1 Fri, 1 Jan 0:42:59 Pump 1 0:43:37 0:48:24 4 Fri, 1 Jan 0:42:59 Aerial 1 0:43:37 0:54:24 4 Fri, 1 Jan 0:42:59 Pump 4 0:43:37 cleared 3 2 Station 1 Fri, 1 Jan 1:49:05 Pump 1 1:50:39 1:56:24 4 Fri, 1 Jan 1:49:05 Pump 11 1:50:39 1:57:57 5 Fri, 1 Jan 1:49:05 Rescue 2 1:50:39 2:08:04 1 Fri, 1 Jan 1:49:05 Pump 4 1:50:39 2:05:41 3 Fri, 1 Jan 1:49:05 SCAT 1 3:04:33 3:28:26 2 3 Station 1 Fri, 1 Jan 10:59:36 Pump 1 11:00:18 11:05:15 3 Fri, 1 Jan 10:59:36 Pump 11 11:00:18 11:08:58 5 Fri, 1 Jan 10:59:36 Aerial 1 12:33:10 12:38:09 4 Fri, 1 Jan 10:59:36 Rescue 2 11:00:18 11:11:22 4 Fri, 1 Jan 10:59:36 Pump 4 11:00:18 11:08:54 3 Fri, 1 Jan 10:59:36 SCAT 1 14:33:56 14:37:45 2 4 Station 3 Fri,8 Jan 10:11:06 Pump 1 10:12:28 10:24:41 3 Fri,8 Jan 10:11:06 Rescue 2 10:12:28 10:31:41 2 Fri,8 Jan 10:11:06 Pump 2 10:12:28 10:25:11 3 Fri,8 Jan 10:11:06 Pump 3 10:12:28 10:18:47 5 . Fri,8 Jan 10:11:06 Tanker 3 10:12:28 10:18:58 2 Fri,8 Jan 10:11:06 SCAT 1 10:13:35 10:24:47 3 5 Station 1 Fri, 15 Jan 18:43:08 Pump 1 18:43:56 18:47:33 5 Fri, 15 Jan 18:43:08 Pump 11 18:43:56 18:53:20 5 Fri, 15 Jan 18:43:08 Rescue 2 18:43:56 18:55:15 2 Fri, 15 Jan 18:43:08 Pump 4 18:43:56 cleared 4 6 Station 1 Thu,28 Jan 8:33:33 Pump 1 8:34:20 8:37:41 4 Thu,28 Jan 8:33:33 Aerial 1 8:34:20 cancelled Thu,28 Jan 8:33:33 Pump 4 8:34:20 cleared 4 Thu,28 Jan 8:33:33 SCAT 1 8:34:36 8:37:41 3 7 Station 1 Wed, 10 Feb 15:59:58 Pump 1 16:00:46 16:05:19 4 Wed, 10 Feb 15:59:58 Aerial 1 16:07:28 16:10:47 4 Wed, 10 Feb 15:59:58 Rescue 2 16:00:46 16:10:53 3 Wed, 10 Feb 15:59:58 Pump 4 16:00:46 16:10:41 4 Wed, 10 Feb 15:59:58 SCAT 1 16:00:57 16:09:23 3 8 Station 4 Tue, 16 Mar 13:14:15 Pump 1 13:14:53 13:20:15 3 Tue, 16 Mar 13:14:15 Rescue 2 13:14:53 13:27:35 3 Tue, 16 Mar 13:14:15 Pump 4 13:14:53 13:18:13 3 Tue, 16 Mar 13:14:15 Tanker 4 16:13:37 16:15:34 2 Tue, 16 Mar 13:14:15 Pump 44 13:14:53 13:22:41 5 Tue, 16 Mar 13:14:15 SCAT 1 13:14:53 13:20:27 2 9 Station 2 Wed,7 Apr 21:44:28 Pump 1 21:45:07 21:57:43 4 Wed,7 Apr 21:44:28 Pump 2 21:45:07 21:53:21 5 Wed,7 Apr 21:44:28 Tanker 2 21:45:24 21:56:46 3 Wed,7 Apr 21:44:28 Pump 3 21:45:24 21:56:49 6 Wed,7 Apr 21:44:28 Tanker 3 21:45:24 21:58:07 3 Wed, 7 Apr 21:44:28 SCAT 1 21:45:07 21:57:45 2 11-26 ATTACHMENT# 1 to REPORT ESD 006-11 Number Primary Number of of Fires Station Date Call Time Unit Name Dispatched On Location Firefighters 10 Station 1 Mon, 19 Apr 21:13:40 Pump 1 21:14:57 21:19:49 4 Mon, 19 Apr 21:13:40 Pump it 21:14:57 21:26:45 6 Mon, 19 Apr 21:13:40 Rescue 2 21:14:57 21:25:37 4 Mon, 19 Apr 21:13:40 Pump 4 21:14:57 21:25:42 4 Mon, 19 Apr 21:13:40 SCAT 1 21:15:51 21:19:19 2 11 Station 1 Sat, 24 Apr 22:16:13 Pump 1 22:17:37 22:22:23 4 Sat, 24 Apr 22:16:13 Pump 11 22:17:37 22:26:20 6 Sat,24 Apr 22:16:13 Rescue 2 22:17:37 22:30:08 4 Sat,24 Apr 22:16:13 Car 3 22:29:07 22:29:17 1 Sat,24 Apr 22:16:13 Pump 4 22:17:37 22:29:17 3 12 Station 3 Mon, 26 Apr 14:41:26 Pump 1 14:43:21 15:01:16 3 Barn Fire Mon,26 Apr 14:41:26 Pump 11 16:34:45 16:35:04 6 Mon,26 Apr 14:41:26 Tanker 1 14:50:30 15:07:50 2 Mon,26 Apr 14:41:26 Rescue 2 14:43:21 15:29:38 4 Mon, 26 Apr 14:41:26 Pump 2 14:43:21 14:59:23 3 Mon, 26 Apr 14:41:26 Tanker 2 14:43:21 15:04:40 3 Mon, 26 Apr 14:41:26 Pump 3 14:43:21 14:55:28 3 Mon,26 Apr 14:41:26 Tanker 3 14:43:21 14:58:50 2 Mon,26 Apr 14:41:26 Tanker 4 14:50:23 15:13:38 2 Mon,26 Apr 14:41:26 Tanker 5 14:50:26 15:03:42 3 Mon,26 Apr 14:41:26 Utility 1 15:56:22 16:22:16 Unknown Mon, 26 Apr 14:41:26 Utility 3 15:56:17 16:05:14 Unknown Mon, 26 Apr 14:41:26 SCAT 1 14:43:21 15:02:34 2 13 Station 3 Mon,26 Apr 14:41:26 Pump 1 14:43:21 15:01:16 3 Exposure fire to 12 Mon, 26 Apr 14:41:26 Pump 11 16:34:45 16:35:04 6 House Mon, 26 Apr 14:41:26 Tanker 1 14:50:30 15:07:50 2 Mon,26 Apr 14:41:26 Rescue 2 14:43:21 15:29:38 4 Mon,26 Apr 14:41:26 Pump 2 14:43:21 14:59:23 3 Mon, 26 Apr 14:41:26 Tanker 2 14:43:21 15:04:40 3 Mon, 26 Apr 14:41:26 Pump 3 14:43:21 14:55:28 3 Mon, 26 Apr 14:41:26 Tanker 3 14:43:21 14:58:50 2 Mon,26 Apr 14:41:26 Tanker 4 14:50:23 15:13:38 2 Mon,26 Apr 14:41:26 Tanker 5 14:50:26 15:03:42 3 Mon, 26 Apr 14:41:26 Utility 1 15:56:22 16:22:16 Unknown Mon, 26 Apr 14:41:26 Utility 3 15:56:17 16:05:14 Unknown Mon, 26 Apr 14:41:26 SCAT 1 14:43:21 15:02:34 2 11-27 ATTACHMENT# 1 to REPORT ESD 006-11 Number Primary Number of Date Call Time Unit Name Dispatched On Location of Fires Station Firefighters 14 Station 3 Mon, 26 Apr 14:41:26 Pump 1 14:43:21 15:01:16 3 Exposure fire to 12 Mon, 26 Apr 14:41:26 Pump 11 16:34:45 16:35:04 6 Driving Shed Mon, 26 Apr 14:41:26 Tanker 1 14:50:30 15:07:50 2 Mon, 26 Apr 14:41:26 Rescue 2 14:43:21 15:29:38 4 Mon, 26 Apr 14:41:26 Pump 2 14:43:21 14:59:23 3 Mon, 26 Apr 14:41:26 Tanker 2 14:43:21 15:04:40 3 Mon, 26 Apr 14:41:26 Pump 3 14:43:21 14:55:28 3 Mon, 26 Apr 14:41:26 Tanker 3 14:43:21 14:58:50 2 Mon, 26 Apr 14:41:26 Tanker 4 14:50:23 15:13:38 2 Mon, 26 Apr 14:41:26 Tanker 5 14:50:26 15:03:42 3 Mon, 26 Apr 14:41:26 Utility 1 15:56:22 16:22:16 Unknown Mon, 26 Apr 14:41:26 Car 10 17:06:38 17:06:43 1 Mon, 26 Apr 14:41:26 Car 12 16:33:10 1.6:36:04 1 Mon, 26 Apr 14:41:26 Car 12 8:53:20 9:26:37 1 Mon, 26 Apr 14:41:26 Utility 3 15:56:17 16:05:14 Unknown Mon, 26 Apr 14:41:26 SCAT 1 14:43:21 15:02:34 2 15 Station 2 Mon, 26 Apr 21:30:41 Pump 1 21:31:25 21:42:07 3 Mon, 26 Apr 21:30:41 Pump 11 21:31:25 21:47:09 6 Mon, 26 Apr 21:30:41 Tanker 1 21:31:25 21:47:09 2 Mon, 26 Apr 21:30:41 Rescue 2 21:31:25 21:42:24 4 Mon, 26 Apr 21:30:41 Pump 2 21:31:25 21:37:34 5 Mon,26 Apr 21:30:41 Tanker 2 21:31:25 21:40:14 3 Mon, 26 Apr 21:30:41 Tanker 4 21:36:46 21:58:45 2 Mon, 26 Apr 21:30:41 Tanker 5 21:39:40 22:01:39 3 Mon, 26 Apr 21:30:41 SCAT 1 21:33:16 21:43:31 2 16 Station 1 Wed,28 Apr 18:32:44 Pump 11 18:34:18 18:39:39 6 Wed, 28 Apr 18:32:44 Tanker 1 18:34:18 18:41:07 2 Wed, 28 Apr 18:32:44 Rescue 2 18:34:18 18:50:00 4 Wed, 28 Apr 18:32:44 Tanker 2 18:42:10 18:54:21 2 Wed, 28 Apr 18:32:44 Tanker 3 18:52:54 19:09:48 2 Wed,28 Apr 18:32:44 Pump 4 18:34:28 18:41:12 3 Wed,28 Apr 18:32:44 Tanker 4 18:34:18 18:49:48 2 Wed,28 Apr 18:32:44 Tanker 5 18:42:55 19:11:15 2 Wed,28 Apr 18:32:44 Pump 44 18:34:18 18:50:30 3 17 Station 1 Tue, 11 May 23:50:08 Pump 1 23:59:31 0:03:07 4 Tue, 11 May 23:50:08 Pump 11 23:51:25 cleared 6 Tue, it May 23:50:08 Tanker 1 23:51:25 0:00:24 2 Tue, 11 May 23:50:08 Rescue 2 0:05:07 cleared 4 Tue, 11 May 23:50:08 Pump 4 23:53:05 23:55:13 3 Tue, 11 May 23:50:08 Tanker 4 23:51:25 0:03:12 2 Tue, 11 May 23:50:08 Pump 5 23:51:25 0:07:48 5 Tue, 11 May 23:50:08 Pump 44 23:51:25 0:04:16 5 Tue, 11 May 23:50:08 SCAT 1 23:53:50 23:57:47 2 18 Station 1 Thu,3 Jun 15:38:14 Pump 1 15:38:55 15:45:59 5 Thu,3 Jun 15:38:14 Pump 11 15:38:55 15:52:26 3 Thu,31un 15:38:14 Rescue 2 15:38:55 cleared 2 Thu,3 Jun 15:38:14 Pump 4 15:38:55 cleared 3 11-28 ATTACHMENT# 1 to REPORT ESD 006-11 Number Primary Number of Date Call Time Unit Name Dispatched On Location of Fires Station Firefighters 19 Station 3 Tue, 15 Jun 21:09:14 Pump 1 21:11:03 cleared 3 Tue, 15 Jun 21:09:14 Tanker 1 21:13:58 cleared 2 Tue, 15 Jun 21:09:14 Rescue 2 21:10:59 cleared 3 Tue, 15 Jun 21:09:14 Pump 2 21:10:59 cleared 5 Tue, 15 Jun 21:09:14 Tanker 2 21:10:59 cleared 3 Tue, 15 Jun 21:09:14 Pump 3 21:10:59 21:22:55 6 Tue, 15 Jun 21:09:14 Tanker 3 21:10:59 21:24:06 2 Tue, 15 Jun 21:09:14 Tanker 4 21:14:06 cleared 2 Tue, 15 Jun 21:09:14 Tanker 5 21:14:02 cleared 3 Tue, 15 Jun 21:09:14 SCAT 1 21:11:06 cleared 2 20 Station 1 Thu, 17 Jun 1:15:35 Pump 1 1:19:36 4 21 Station 3 Fri, 18 Jun 11:42:21 Pump 1 11:43:51 12:01:41 4 Fri, 18 Jun 11:42:21 Pump 11 11:47:02 12:08:57 5 Fri, 18 Jun 11:42:21 Tanker 1 11:52:16 cleared 2 Fri, 18 Jun 11:42:21 Tanker 2 11:50:57 12:06:49 2 Fri, 18 Jun 11:42:21 Pump 3 11:43:51 11:57:21 4 Fri, 18 Jun 11:42:21 Tanker 3 11:43:51 12:12:14 2 Fri, 18 Jun 11:42:21 Tanker 4 11:51:04 cleared 2 Fri, 18 Jun 11:42:21 Pump 5 11:43:51 no response Fri, 18 Jun 11:42:21 Tanker 5 11:43:51 12:07:28 2 Fri, 18 Jun 11:42:21 SCAT 1 11:43:51 12:01:41 2 22 Station 1 Tue,22 Jun 19:38:46 Pump 1 19:39:55 19:44:57 4 Tue, 22 Jun 19:38:46 Pump 11 19:39:55 19:50:15 4 Tue, 22 Jun 19:38:46 Rescue 2 19:39:55 19:52:25 4 Tue, 22 Jun 19:38:46 Pump 4 19:39:55 19:49:46 3 Tue, 22 Jun 19:38:46 SCAT 1 19:39:55 19:42:26 2 23 Station 4 Sun, 11 Jul 14:27:55 Pump 1 14:29:16 cleared 4 Reported structure fire Sun, 11 Jul 14:27:55 Rescue 2 14:29:16 call cancelled Was a barbecue fire Sun, 11 Jul 14:27:55 Pump 4 14:29:16 14:32:48 3 on deck Sun, 11 Jul 14:27:55 Pump 44 14:29:16 call cancelled 24 Station 4 Sun, 11 Jul 14:27:55 Pump 1 14:29:16 cleared 4 Exposure fire to 23 Sun, 11 Jul 14:27:55 Rescue 2 14:29:16 call cancelled Deck and privacy fance Sun, 11 Jul 14:27:55 Pump 4 14:29:16 14:32:48 3 Sun, 11 Jul 14:27:55 Pump 44 14:29:16 call cancelled 25 Station 1 Mon, 12 Jul 6:26:29 Pump 1 6:28:49 6:32:09 3 Mon, 12 Jul 6:26:29 Pump 11 6:30:05 call cancelled Mon, 12 Jul 6:26:29 Rescue 2 6:31:15 call cancelled Mon, 12 Jul 6:26:29 Pump 4 6:29:45 6:56:01 3 Mon, 12 Jul 6:26:29 SCAT 1 7:06:26 7:14:26 2 26 Station 1 Thu, 22 Jul 8:54:47 Pump 1 8:57:25 9:04:33 4 Thu,22 Jul 8:54:47 Aerial 1 9:03:00 9:20:43 3 Thu, 22 Jul 8:54:47 Tanker 1 9:03:00 9:21:16 1 Thu, 22 Jul 8:54:47 Pump 4 9:03:00 9:17:44 4 Thu, 22 Jul 8:54:47 Tanker 4 9:03:00 no response Thu, 22 Jul 8:54:47 SCAT 1 9:31:38 9:38:51 1 11-29 ATTACHMENT# 1 to REPORT ESD 006-11 Number Primary Number of of Fires Station Date Call Time Unit Name Dispatched On Location Firefighters 27 Station 3 Wed,28 Jul 20:17:02 Pump 1 20:17:36 20:29:51 4 Wed,28 Jul 20:17:02 Tanker 1 20:24:10 cleared unknown Wed,28 Jul 20:17:02 Rescue 2 20:17:36 20:34:07 4 Wed,28 Jul 20:17:02 Pump 2 20:17:36 20:28:53 4 Wed,28 Jul 20:17:02 Tanker 2 20:17:36 20:29:43 2 Wed, 28 Jul 20:17:02 Pump 3 20:17:36 20:27:04 5 Wed,28 Jul 20:17:02 Tanker 3 20:17:36 20:38:35 2 Wed,28 Jul 20:17:02 Pump 4 20:17:36 20:34:24 4 28 Station 1 Fri, 20 Aug 13:14:27 Pump 1 13:15:23 13:22:13 4 Exposure fire to Fri, 20 Aug 13:14:27 Pump 11 13:15:23 13:30:24 4 hedge fire Fri, 20 Aug 13:14:27 Rescue 2 13:15:23 13:36:20 3 Shed#1 Fri, 20 Aug 13:14:27 Pump 4 13:15:23 13:25:14 3 29 Station 1 Fri, 20 Aug 13:14:27 Pump 1 13:15:23 13:22:13 4 Exposure fire to Fri, 20 Aug 13:14:27 Pump 11 13:15:23 13:30:24 4 hedge fire Fri, 20 Aug 13:14:27 Rescue 2 13:15:23 13:36:20 3 Shed#2 Fri, 20 Aug 13:14:27 Pump 4 13:15:23 13:25:14 3 30 Station 2 Thu,2 Sep 10:36:16 Pump 1 10:37:26 10:45:34 5 Thu,2 Sep 10:36:16 Pump 11 10:37:26 call cancelled Thu,2 Sep 10:36:16 Rescue 2 10:37:26 cleared 3 Thu,2 Sep 10:36:16 Pump 2 10:37:26 10:44:38 5 Thu,2 Sep 10:36:16 Pump 4 10:37:26 cleared 3 31 Station 4 Tue, 7 Sep 21:14:44 Pump 1 21:15:36 cleared 3 Tue, 7 Sep 21:14:44 Rescue 2 21:17:03 cleared 4 Tue,7 Sep 21:14:44 Pump 4 21:15:36 21:19:45 3 Tue,7 Sep 21:14:44 Tanker 4 22:29:50 22:32:29 2 Tue,7 Sep 21:14:44 Pump 44 21:15:36 21:22:48 5 Tue,7 Sep 21:14:44 SCAT 1 21:15:36 21:23:11 2 32 Station 1 Wed,8 Sep 10:26:18 Car 12 10:27:53 10:28:03 1 Extinguished fire reported after the fact 33 Station 1 Fri, 10 Sep 10:19:57 Pump 1 10:20:38 10:26:49 4 Fri, 10 Sep 10:19:57 Pump 11 10:20:38 10:35:53 5 Fri, 10 Sep 10:19:57 Rescue 2 10:20:38 10:37:42 4 Fri, 10 Sep 10:19:57 Pump 4 10:20:38 10:31:53 3 34 Station 1 Sat, 11 Sep 21:41:37 Pump 1 21:42:03 21:46:36 4 Sat, 11 Sep 21:41:37 Pump 11 21:42:03 21:52:11 4 Sat, 11 Sep 21:41:37 Rescue 2 21:42:03 cleared 4 Sat, 11 Sep 21:41:37 Pump 4 21:42:03 cleared 4 35 Station 1 Sun, 12 Sep 20:31:40 Pump 1 20:32:33 20:36:16 4 Sun, 12 Sep 20:31:40 Aerial 1 20:32:33 20:40:29 5 Sun, 12 Sep 20:31:40 Pump 4 20:32:33 cleared 3 11-30 ATTACHMENT# 1 to REPORT ESD 006-11 Number Primary Date Call Time Unit Name Dispatched On Location Number of of Fires Station Firefighters 36 Station 4 Sun, 19 Sep 17:44:39 Pump 1 17:45:53 17:52:37 4 Sun, 19 Sep 17:44:39 Rescue 2 17:45:53 18:03:13 4 Sun, 19 Sep 17:44:39 Pump 4 17:45:53 17:49:14 4 Sun, 19 Sep 17:44:39 SCAT 1 17:46:30 17:52:39 2 Sun, 19 Sep 17:44:39 Aerial 4 17:51:34 18:00:42 5 37 Station 1 Sat,23 Oct 11:48:32 Pump 1 11:54:13 11:58:38 4 38 Station 1 Mon,25 Oct 15:16:43 Pump 1 15:18:06 15:24:38 4 Mon, 25 Oct 15:16:43 Pump 11 15:31:51 15:38:11 3 Mon, 25 Oct 15:16:43 Rescue 2 15:18:06 15:34:14 4 Mon, 25 Oct 15:16:43 Pump 2 15:27:56 15:39:53 4 Mon, 25 Oct 15:16:43 Pump 4 15:18:06 15:29:42 3 39 Station 1 Wed,3 Nov 2:27:55 Pump 1 2:16:14 2:22:59 5 Wed,3 Nov 2:27:55 Pump 11 2:16:14 2:26:30 6 Wed,3 Nov 2:27:55 Rescue 2 2:26:43 2:42:41 unknown Wed,3 Nov 2:27:55 Pump 4 2:16:14 2:27:12 4 Wed,3 Nov 2:27:55 SCAT 1 2:16:14 2:22:59 2 40 Station 1 Mon,8 Nov 19:30:28 Car 12 9:00:57 9:07:20 1 41 Station 5 Mon, 15 Nov 3:45:55 Pump 1 3:46:32 3:57:59 4 Mon, 15 Nov 3:45:55 Pump 11 3:47:03 4:05:28 3 Mon, 15 Nov 3:45:55 Tanker 1 3:47:03 4:03:35 2 Mon, 15 Nov 3:45:55 Rescue 2 3:47:03 4:12:03 4 Mon, 15 Nov 3:45:55 Tanker 2 3:55:43 4:19:11 3 Mon, 15 Nov 3:45:55 Tanker 3 3:59:54 4:15:58 3 Mon, 15 Nov 3:45:55 Pump 4 3:47:03 4:01:07 4 Mon, 15 Nov 3:45:55 Tanker 4 3:59:54 4:21:26 3 42 Station 5 Mon, 15 Nov 3:45:55 Pump 5 3:46:32 3:53:33 5 Mon, 15 Nov 3:45:55 Tanker 5 3:47:03 4:07:13 3 43 Station 4 Sun, 19 Dec 14:43:27 Pump 1 14:44:17 14:51:48 4 Sun, 19 Dec 14:43:27 Pump 11 14:53:21 15:03:49 5 Sun, 19 Dec 14:43:27 Rescue 2 14:44:17 15:04:02 4 Sun, 19 Dec 14:43:27 Pump 4 14:44:17 14:48:10 3 Sun, 19 Dec 14:43:27 SCAT 1 14:44:21 14:52:16 3 Sun, 19 Dec 14:43:27 Aerial 4 14:51:09 14:56:34 4 44 Station 5 Fri, 24 Dec 11:23:55 Pump 1 11:24:41 11:32:03 3 Fri, 24 Dec 11:23:55 Pump 11 11:24:41 11:41:47 6 Fri, 24 Dec 11:23:55 Tanker 1 11:24:41 11:38:17 2 Fri, 24 Dec 11:23:55 Tanker 3 11:34:39 11:41:42 3 Fri, 24 Dec 11:23:55 Pump 4 11:24:41 11:36:42 3 Fri, 24 Dec 11:23:55 Tanker 4 11:34:39 11:46:39 2 Fri, 24 Dec 11:23:55 Pump 5 11:24:41 11:34:09 5 Fri, 24 Dec 11:23:55 Tanker 5 11:24:41 11:36:11 3 Fri, 24 Dec 11:23:55 Rescue 4 11:24:41 11:45:55 4 11-31 ATTACHMENT# 1 to REPORT ESD 006-11 Number Primary Date Call Time Unit Name Dispatched On Location Number of of Fires Station Firefighters 45 Station 2 Mon, 27 Dec 14:34:48 Pump 1 14:36:06 14:52:27 3 Mon, 27 Dec 14:34:48 Pump 11 14:36:06 cleared 5 Mon, 27 Dec 14:34:48 Pump 2 14:36:06 14:49:20 5 Mon,27 Dec 14:34:48 Tanker 2 14:42:12 14:50:27 unknown 46 Station 2 Wed,29 Dec 20:44:30 Pump 1 20:45:55 20:54:40 4 Wed, 29 Dec 20:44:30 Tanker 1 20:54:18 21:06:03 2 Wed,29 Dec 20:44:30 Pump 2 20:45:55 20:57:40 unknown Wed,29 Dec 20:44:30 Tanker 2 20:45:55 20:58:18 3 Wed,29 Dec 20:44:30 Pump 3 20:45:55 20:55:01 5 Wed,29 Dec 20:44:30 Tanker 3 20:45:55 20:59:10 2 Wed, 29 Dec 20:44:30 Pump 4 20:45:55 21:02:14 3 Wed,29 Dec 20:44:30 Rescue 4 20:45:55 21:09:42 4 11-32 C REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: May 9, 2011 Resolution#: By-law#: N/A Report#: CSD-007-11 File#: Subject: NEWCASTLE & DISTRICT RECREATION COMPLEX — CONCESSION OPERATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-007-11 be received; 2. THAT the requirement for formal competitive bidding in accordance with By-law 2010-112, Part 2 be waived for this initiative; 3. THAT Staff, in conjunction with the Purchasing Division, be authorized to advertise for Expressions of Interest exclusively from Clarington based community organizations to operate the concession at the Newcastle & District Recreation Complex; 4. THAT staff through the Purchasing Manager be authorized to negotiate an agreement satisfactory to all parties; and 5. THAT a report to Council be provided summarizing the results of the request for the Expressio of Interest and providing a recommendation for the award of the contract Submitted by: Reviewed by: eph P. Caruana Franklin Wu, irector, Community Chief Administrative Officer Services JPC/GA/wg 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-007-11 PAGE 2 1.0 BACKGROUND 1.1 At the March 7, 2011 Council meeting, Resolution #GPA-153-11 was approved. The resolution stated "THAT Community Services Staff prepare a report on efforts to approach public and community partners to operate the canteen in the Newcastle & District Recreation Centre". 1.2 On September 1, 2009 the municipally operated concession at the Newcastle & District Recreation Complex was closed due to operating costs and poor revenues. Although the sales projections were not achieved at the facility, there remains some interest from patrons to have the concession re-opened. 2.0 COMMENTS 2.1 Based on the performance of the concession in the past, the potential to secure an operator who will propose a market rental or lease rate is unlikely. However, it is reasonable to assume the Municipality could recover any expenses (i.e. hydro, heat and water) associated with the operation of the concession. 2.2 This facility could be best served with a community based organization that, through the use of volunteers or other methods, is able to operate effectively and cover their costs. The Manager of Purchasing has advised that a call for Expression of Interest will provide an opportunity for those community organizations to indicate their interest and demonstrate their ability to undertake the project, without the formality of a Request for Proposal. 2.3 The Purchasing By-law speaks to formal competitive bidding processes for securing proposals. However, the By-law also indicates that the Purchasing Manager has the authority to use Expressions of Interest to determine what goods and services are available, scope out business requirements, and/or estimate costs, but does not stipulate an ability to issue an Expression of Interest to a limited market (community groups) for the purpose of selecting a party or parties with which to negotiate an agreement. As such, it is recommended that the purchasing by-law be waived. 2.4 Based on the submissions, negotiations can take place with the selected community organization to establish the terms and conditions of an agreement acceptable to the Municipality. 2.5 Please note that although staff has recommended advertising for interest, the department will also provide notice to each organization currently in file. 12-2 REPORT NO.: CSD-007-11 PAGE 3 3.0 INPUT FROM OTHER SOURCES 3.1 The Manager of Purchasing has been consulted during the preparation of this report and upon approval will coordinate the Expression of Interest and the agreement negotiation process. CONCURRENCE: Director of Corporate Services 12-3 Clarftwn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: May 9, 2011 Resolution#: By-law#: N/A Report#: CSD-008-11 File#: Subject: COMMUNITY GRANT REQUESTS-SUPPLEMENTARY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-008-11 be received; 2. THAT Council consider the grant requests submitted by the Enniskillen Public School Parent Council and the Newcastle Business Improvement Area; and 3. THAT the Enniskillen Public School Parent Council and the Newcastle Business Improvement Area be advised of Council's decision. Submitted Reviewed by: by: Joseph P. Caruana Franklin Wu, Director, Community Chief Administrative Officer Services JPC/SC/ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 12-4 REPORT NO.: CSD-008-11 PAGE 2 1.0 BACKGROUND 1.1 On March 7, 2011 Report CSD-004-11, 2011 Community Grant Requests, was approved by Council. At that time $57,000.00 was allocated to thirty-eight community groups, leaving a balance of $3,000.00 still available in the 2011 Community Grant Program. 1.2 In April, the Enniskillen Public School Parent Council -Playground Committee and the Newcastle Business Improvement Area (BIA) submitted supplementary grant requests. 2.0 NEWCASTLE BUSINESS IMPROVEMENT AREA 2.1 The Newcastle Business Improvement Area is applying for a $3,000.00 Community Grant to subsidize the costs of their July 1 Canada Day celebrations being held at the Newcastle & District Recreation Complex. 2.2 Last year the Newcastle BIA hosted their first Canada Past and Present celebration on June 26, which culminated in a spectacular fireworks display. 2.3 This year the BIA would like to build on the success of 2010 with a July 1 celebration at the Newcastle & District Recreation Complex. The day will include family activities, live music and evening fireworks and the BIA is anticipating that upwards of 2,000 local residents will attend. 2.4 Organizers have identified projected costs of$10,150.00, which includes two live bands, and $8,000.00 for fireworks. They have been actively soliciting sponsorships and plan on collecting family donations at the event. They are aware that the event may have to be scaled back depending on the success of their fundraising. 2.5 Staff have reviewed this application and concluded that it does meet the criteria of the Community Grant Program, under the Civic funding category. A summary of their grant information is included. (Attachment 1) 3.0 ENNISKILLEN PUBLIC SCHOOL PARENT COUNCIL 3.1 The Enniskillen Public School Parent Council has applied for a $4,900.00 Community Grant to assist them in their fundraising to purchase playground equipment to replace aging equipment that no longer meets current safety standards. The Parent Council represents 150 families. 12-5 REPORT NO.: CSD-008-11 PAGE 3 3.2 On April 5, 2011, a Member of Council and staff from the Engineering and Planning Departments met with members of the Enniskillen Public School Parent Council to discuss the future development of a subdivision and potential park adjacent to the school. 3.3 When the proposed subdivision is developed the Municipality will receive a 2.5 acre park site. Until that time, there is no municipal parkland developed in Enniskillen. Enniskillen Public School is presently the only public playground available to service the outdoor recreational needs of the local community. 3.4 The Parent Council has received quotes of$9,500.00 to purchase and install two new pieces of playground equipment. To date they have raised $4,600.00 and their fundraising is ongoing. 3.5 Council has supported requests for the purchase of playground equipment in the past. Between 1996 and 2003, a number of local school parent groups requested funding for playground equipment purchase. In each case, Council awarded $700.00 for the organization. In 2002 St. Francis of Assisi was one of the school parent groups which received funding. Subsequently, in 2004, they applied for additional funding for playground equipment and Council declined the application. This request from the Enniskillen Public School Parent Council is the first request regarding funding for playground equipment that has been received since that date. 3.6 Staff have reviewed this application and concluded that it does meet the criteria of the Community Grant Program, under the Recreation/Leisure funding category. A summary of their grant information is included. (Attachment 2) 4.0 Comments 4.1 The 2011 Community Grant Program has a present balance of $3000.00 available to support community requests. Attachments: Attachment 1 — Newcastle Business Improvement Area Summary of Grant Information Attachment 2 — Enniskillen Public School Parent Council Summary of Grant information 12-6 Attachment 1 to Report CSD-008-11 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newcastle BIA APPLICATION#: Supplementary # 1 DATE RECEIVED: 4/10/11 CONTACT NAME: Karen Bastas DESCRIPTION OF PROGRAMS AND SERVICES: Organize and host July 1 Canada Day Celebrations at Newcastle & District Recreation Complex FINANCIAL SUMMARY: 2009 2010 2011 REVENUE $7,000.00 EXPENSES $10,150.00 NET ($3,150.00) GRANT $3,000.00 FINAL NET ($150.00) DEFICIT 12-7 Attachment 2 to Report CSD-008-11 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Enniskillen Public School Parent Council APPLICATION #: Supplementary # 2 DATE RECEIVED: 4/18/2011 CONTACT NAME: Lisa Baker DESCRIPTION OF PROGRAMS AND SERVICES: Purchase of 2 pieces of playground equipment, at a cost of$9500.00. To date Parent Council has raised $4600.00,with fundraising ongoing. FINANCIAL SUMMARY: 2009 2010 2011 REVENUE $ 4,600.00 EXPENSES $ 9,500.00 NET ($4,900.00) GRANT $ 4,900.00 FINAL NET 0 12-8 s Lsuergizing Ontario REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #: Report#: CLD-011-11 File #: By-law #: Subject: ANIMAL SERVICES QUARTERLY REPORT— January - March, 2011 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-011-11 be received; and 2. THAT a copy of Report CLD-011-11 be forwarded to the Animal Alliance of Canada. Submitted by. Reviewed by: atti am , CMO Franklin Wu, nicip lerk Chief Administrative Officer. PLD/CAG 13-1 REPORT NO.: CLD-011-11 PAGE 2 BACKGROUND AND COMMENT: Animal Services activities are reported to Council on a quarterly basis. The attachment to this report summarizes the activities and revenues pertaining to Animal Services for the months January to March, 2011, as recorded by staff as at the time this report was prepared. Attachments: 1. Quarterly & Year-To-Date Statistics Interested parties to be advised of Council's decision: Ms. Liz White, Animal Alliance of Canada CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 13-2 Attachment 1 1st Quarter & YTD Statistics 2011 Dispatch Summary Issue Types •- !� �uarter YTD YM 2011 2010 2011 2010 Ambulance Request 0 0 0 0 Animal Control 140 150 140 150 Cruelty Complaint 0 1 0 1 General Dispatch 95 102 95 102 Routine Inspection 15 42 15 42 Total 250 1296 250 296 Animal Control Issues s 010 2011 2010 Animal Not Found 18 12 18 12 Animal Picked Up 24 43 24 43 Animal Returned To Owner 2 2 2 2 Charges Laid 3 2 3 2 Finalized 32 64 32 64 Warning Issued 37 47 37 47 Grand Total: 116 170 116 170 13-3 Attachment 1 1st Quarter & YTD Statistics 2011 Total By G/L Code (start here) r escription r YTD r r 100-19-190-30705-6400-Animal Service Impound/Surrender Fee 31 $1,550.00 18 $905.00 31 $1,550.00 18 $905.00 100-19-190-30715-6401 -Animal Trap Rentals 3 $61.88 0 $0.00 3 $61.88 0 $0.00 100-00-000-00000-6506-Cash Over/Short 0 $0.00 2 -$94.07 0 $0.00 2 -$94.07 Account 100-21-000-00000-6506-Finance Charges after NSF 0 $0.00 0 $0.00 0 $0.00 0 $0.00 100-19-130-30641-6400-Licences Paid after NSF 0 $0.00 0 $0.00 0 $0.00 0 $0.00 100-19-190-00000-7162-Vet Services- Repayment for Expenses 0 $0.00 0 $0.00 0 $0.00 0 $0.00 100-19-190-00000-7250-Commission Expenses 6 $ (ANTCO) 214.00 0 $0.00 6 $214.00 0 $0.00 100-19-190-30720-6400-Disposal of Animals 3 $318.00 7 $510.25 3 $318.00 7 $510.25 100-19-190-35525-6500-Dog/Cat Licences 1105 $26,160.50 1339 $31,075.00 1105 $26,160.50 1339 $31,075.00 523-00-000-00000-6760-Donations 16 $791.50 6 $500.00 16 $791.50 6 $500.00 100-00-000-02033-2003-GST 48 $580.10 48 $240.50 48 $580.10 48 $240.50 100-19-130-35520-6500-Other Licences- 5 $500.00 0 $0.00 5 $500.00 0 Kennel $0.00 100-00-000-02034-2003-PST 0 $0.00 48 $379.23 0 $0.00 48 $379.23 100-19-190-30710-6400-Sale of Animals 42 $3,879.30 42 $4,411.39 42 $3,879.30 42 $4,411.39 Totals 1259 $34,055.28 1510 $37,927.30 1259 $34,055.28 1510 $37,927.30 13-4 Attachment 1 1st Quarter & YTD Statistics 2011 Shelter Statistics - Outgoing by Animal Type I PA" m . Quarter Adopted — �— 1 1 — 0 1 01 3T 3 28 Adopted Altered 1 1 1 0 11 1 1 1 0 0 13 I 0 131 0 Adopted Offsite 0 0 1 1 0 0 0 1 1 0 1 1 -_ 0 Adopted Offsite(Altered) 0 0 13 --- 0 0 14 7 14 ^ 7 Adopted Offs ite(Unaltered) 1 0 0 0 0 0 0 1� 0 01 I 0 1 Adopted Unaltered 0 1 1 10 0 0 12 10 12 10 �.. i Bite Quarantine(Home) 0 01 o— O F--� 0l— 0 1 11 01 1 DOA 1 0 7 2 1 01 0 10 1 -- 13 10 -13 i ~DOA-Final Disposition 1 0 0 2 0 Or-� 0 _— 2�---/--y 1�� 2 1 Euthanized 0 0 3 0 0 0 3 1 -- 5 5 Euthanized by Offsite Vet �— 0 -- 0 j 0' -- 0� 0 . O 1 0 21 0 2 "T _.-_..__._- Interred 0 Oj 01 0 0 Oj O1 Oi --_.--_0�, _Oi Reclaimed 28 1 4 7 0 0 0 39 M 281 39 28 s -----------_.�- _ 1 ��._�__ � Redemption(Offsite) -`-- �— u 0�— 0 0' 0 ---_0�— 0 0 0 1 0( 0 i Released 1 0 0 1 1 0��0 01� 1 0 1 0 Stolen ----- ( 0 0 0 0 0 0 0 — p --- 0 r-- 01 Transfer Out I 0 1 I 0 0 I 0 3 Unassisted Death_ 0 0 0 0 0 O�T 0 i 0 I 01 OJ Unassisted Death-In Foster 0 0 1 1 01 — 0 0�— 0 ? 0 i 0 j 0' Wildlife Released 0 j 01 0 0 01 0 0 i _ 01 01 0 Other — 0 1 0 j 0 0 0��—0� 0 1 0 1 0— , 0 Total 33 5 48 15 -- OF 0 101 101 102 13-5 Attachment 1 1st Quarter & YTD Statistics 2011 Shelter Statistics - Identification Comparison Cat 0 30 1 55 56 30 56 Dog 11 21 32 8 35 43 32 43 Kitten 0 3 3 0 20 20 3 20 Puppy 1 3 4 0 2 2 4 2 Bird 0 0 0 0 0 0 0 0 Rabbit 1 0 0 0 0 1 1 0 1 Mammal 1 0 0 0 0 0 1 0 0 0 Total Length of Stay 3 .bs- ,.kn Number of 0 40 31 13 r 0 5 0 89 t Animals cY Number of Days 0 4392 93 1106 0 21 0 5612 N Average 0 109 3 85 0 4 0 Number of 0 49 40 13 0 4 0 112 t Animals d o Number of Days 0 3608 1096 731 0 7 0 7913 wr N Average 0 75 29 56 0 1 0 Number of 0 40 31 13 0 5 0 89 Animals N Number of 0 4392 93 1106 0 21 0 5612 Q Days } Average 0 109 3 85 0 4 0 Number of 0 49 40 13 0 4 0 112 o Animals N Number of 0 3608 1096 731 0 7 0 7913 Days } Average 0 75 29 56 0 1 0 13-6 Attachment 1 1st Quarter & YTD Statistics 2011 Shelter Statistics - Incoming (including transfers) 1st Quarter 2011 Owner Dog I 20 1 1 i 0 2 14 0 0 37 y Puppy —3 0 0 1 1 1 0 0 5 Cat 2r 7 1 4 i 29 0 0 43 Kitten 0 2 0 0 1 3 0 0 5 Total 25 10 1 7 47 0 0 90 J YTD 2011 Dog 20 i 1 T 0 2 14 0 I--0 — 37 Puppy r 3 0 0 1 1 0 0 5 _-1 i-- — ----1 0 Cat j 2 7 1 1 4 29 0 0 43� Kitten 0 2 0 i 0 3 0 0 5 Total 1 251 10 1 7 47 0 — 0--�— 90 1st Quarter 2010 I �� I _ 1 Dog 18 0 0 5 0 16 0 0 39 E Puppy �— 1 —t-- 0 0 0 1 10 -�TO 2 Cat 1 4 11 1 3 0 25 0 0 44 Kitten i 0 2 4 �I 4 7 0 T 0 17 Rabbit. — 0 0 0 0 ` 0 1 0 �`—0 1 Total- -_231 13 T 1 12 4 50 0 0 I 103 J 13-7 Attachment 1 1st Quarter & YTD Statistics 2011 YTD 2010 PER .• .• . • Owner @111afer Dog 18 0 0 5 0 116 0 0 39� PUPPY 1 0 0 0 0 1 0 0 —� 2 Cat i 4 11-T-1 3 0 25 0 0 44 Kitten 0 2 0 4� 4 7 0 0 17 Rabbit 0 0 0 0 0 1 0 1 0 1 1 __J Total 23 13 1 12 4 50 0 p 103 Animal Bite/Attack & OTR Summary Detail 1st Quarter 1st Quarter YTD YTD 2010 2011 2010 2011 Dog Bites Reported 3 2 3 2 Dog Attacks Reported 7 6 7 6 OTRs Issued 5 5 5 5 13-8 Clarbgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution#: By-law#: Report#: CLD-012-11 File#: Subject: PROPERTY STANDARD INVESTIGATIONS - RICHARD WARD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-012-11 be received for information. Submitted by: Reviewed by: 0 �Lt at ' ar ' , CMO Franklin Wu unici Clerk Chief Administrative Officer PLB/LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-9 REPORT NO.: CLD-012-11 PAGE 2 1.0 BACKGROUND AND COMMENT Council has requested staff to comment on a series of ongoing issues involving Richard Ward, the owner of property located at 3709 Regional Road 9, Orono. Since 1991 staff have investigated four separate complaints of property standards violations on this property. On two occasions Mr. Ward was able to perform minimal work to bring the property into compliance. In 2001 and again in 2009 staff retained the services of a contractor to clean up the property when Mr. Ward failed to comply with the Property Standards Orders. 2.0 2001 ORDER The 2001 Order involved large amounts of general debris and some vehicles which had been left in an abandoned state on the property. The total bill for that cleanup was $3940.29, which included the services of two paid duty officers from Durham Regional Police and a tow truck. This incident also involved several appearances before Council and the GPA Committee by Mr. Ward as well as an appeal to Superior Court as Mr. Ward was attempting to stop the investigation and progress of the Order. 3.0 2009 ORDER By May 2008 staff were again receiving complaints concerning the condition of the Ward property. Inspection of the site revealed that the property again contained significant amounts of rubbish and debris, a collapsing barn and several dilapidated, inoperative and decaying automobiles. Once again an Order was issued requiring Ward to clean up the property. As he had done in the past, Mr. Ward appealed the Order, on the grounds that it was vexatious and frivolous. He complained that this was part of an ongoing larger scheme against him on the part of the Municipality, the Region and certain individuals whom Ward claims had stolen goods and services from the Region. 13-10 REPORT NO.: CLD-012-11 PAGE 3 In May 2009 staff enforced the Order and cleaned the property. Along with the removal of debris from the site, several of Ward's derelict vehicles were removed. The total bill for the cleanup was $14,988.07, which included the services of paid duty Durham Regional Police officers. Mr. Ward appeared before the GPA Committee on May 25, 2009 and asked that his vehicles be returned to him and the associated costs waived. This was initially endorsed by some members of Council, however, the motion was tabled and referred to the Solicitor for his comment. On July 2, 2009 Mr. Ward was advised that the fees would not be waived, however, he could attend at the tow compound and pay to have his vehicles returned to him. He was advised that if he returned the vehicles to his property he would again be in violation of the Property Standards By-law. 4.0 CONCLUSION The Property Standards By-law establishes minimum standards for all properties within the municipality and is enforced upon receipt of a written complaint. The measures taken in addressing Mr. Ward's property were in accordance with municipal practice. It is respectfully recommended that this report be received for information. 13-11 Clarftwn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution#: By-law#: N/A Report#: COD-013-11 File#: Subject: TENDER NO. CL2011-12, HIGH FLOAT RESURFACING RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report COD-013-11 be received; 2. THAT Miller Paving Limited, Gormley, Ontario, with a total bid price of $1,058,084.86 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2011-12, be awarded the contract for the High Float Resurfacing; 3. THAT funds in the amount of$1,216,797.59 (net of H.S.T. Rebate) which includes $1,058,084.86 for tendering, administration, material testing and contingencies be drawn from the Operations Department 2011 Capital Budget Rural Road Resurfacing Account#110-36-330-83680-7401; and 4. THAT pending satisfactory pricing and service the contract be extended for a second and thir ear. Submitted by: Reviewed by: e Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer Lcq_�_ cy /1 '49 Nan Taylor, B.B.A., C.A., Director of Finance/Treasurer MM\JDB\bh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-1 REPORT NO.: COD-013-11 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1. Tender specifications were provided by AECOM for the 2011 High Float Resurfacing as required by the Operations Department. 1.2. Tenders were publicly advertised in the local paper as well as electronically. Subsequently, three tenders were received and tabulated as per Schedule "A" attached. 1.3 The term for the contract is one year with an option to extend the contract for a second and third year. Contract renewal is dependent upon satisfactory performance and pricing. 2.0 ANALYSIS 2.1 After further review and analysis of the bids by the Operations Department, AECOM and Purchasing, it was mutually agreed that the low bidder, Miller Paving Limited, Gormley, Ontario, be recommended for the contract for the 2011 High Float Resurfacing project. A copy of the recommendation memo from AECOM, is attached as Schedule "B". 2.2 The recommended low bidder has previously performed satisfactory work for the Municipality of Clarington. 2.3 For the information of Council, the average unit prices per tonne quoted for this project represents an approximate 14% increase over the 2008 bid. 2.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 14-2 REPORT NO.: COD-013-11 PAGE 3 3.0 FINANCIAL 3.1 The total project cost of$1,216,797.59 (net of H.S.T. Rebate) is within the 2011 Capital Budget plus the carry over of unspent contingencies from 2010 will be drawn from the Department of Operations, Rural Road Resurfacing Account #110-36-330-83680-7401. 4.0 CONCLUSION 4.1 That the low compliant bidder, Miller Paving Limited, Gormley, Ontario, be recommended for the contract for the 2011 High Float Resurfacing project. 5.0 INPUT FROM OTHER SOURCES 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations Attachments: Schedule "A", Bid Summary Schedule "B", Recommendation Letter from AECOM 14-3 Ciodogton REPORT CORPORATE SERVICES DEPARTMENT Schedule "A" Bid Summary Tender CL2011-12 BIDDER TOTAL BID TOTAL BID (HST Included) (net of HST Rebate Miller Paving Limited $1,174,956.65 $1,058,084.86 Gormley, ON Royel Paving Limited $1,306.762.18 $1,176,779.82 Lindsay, ON Duncor Enterprises $1,594,587.70* $1,435,975.62 Barrie, ON *corrected total 14-4 SCHEDULE"B" Q Zs., /COM AECOM 905 372 2121 tat ^ 513 Division Street 905 372 3621 fax Cobourg,Ontario K9A 5G6 www.aecom.com May 3, 2011 (Revision 2) Mr. F. Horvath Director of Operations The Municipality of Clarington 40 Temperance Street BOWMANVILLE, ON L1C 3A6 Dear Sir: Project No: 60212314-2 Regarding: 2011 High Float Resurfacing Tender Contract No.CL2011-12 Municipality of Clarington Tenders for the above project were opened at the Clarington Municipal Offices on Tuesday, April 26, 2011. A list of the bids received is provided in the table below. All numbers are exclusive of HST. BIDDER TOTAL BID TOTAL BID (HST Included) (Net of HST Rebate, 1.76%) Miller Paving Limited $1,174,956.65 $1,058,084.86 Gormley, ON Royel Paving Limited $1,306,762.18 $1,176,779.82 Lindsay, ON Duncor Enterprises $1,594,587.70** $1,435,975.62 Barrie, ON **Corrected Total The Municipality of Clarington's Purchasing Department reviewed all bids. AECOM Canada Ltd. has reviewed all bids accepted by the Purchasing Department and confirmed the bid values noted above. The total amount entered in the bid from Duncor Enterprises contained a minor summation error of $19.94 and the amount shown above represents the corrected total bid. This corrected total did not change the order of the bids. The bid submitted by Miller Paving Limited is the lowest bid and there were no mathematical errors noted in their submission. The bid bond provided by Royel Paving Limited was for$50,000.00 but the tender documents require the bid bond to be$100,000.00 for tenders in the range of$1,000,000.01 to$2,000,000.00. The bid bonds for Miller Paving Limited and Duncor Enterprises were in the correct amount. This project was tendered for the 2011 construction year with an option to extend into 2012 and 2013, subject to satisfactory performance and pricing. Tender Report Letter Contract CL2011-12(Revision 2).Dooa 14-5 SCHEDULE"B" A=COM Miller Paving Limited has been successfully providing services requested in the tender documents to the Municipality of Clarington for the past four years. The total budget for this project is$1,222,300.00, composed of$1,160,000.00 from the 2011 program and approximately$62,300.00 carried forward from the 2010 program. The low bid from Miller Paving Limited is within the project budget when costs for administration, inspection, testing, and contingencies are factored in, and allowing for the net HST commitment of 1.76%. The estimated costs for various project components, based on the low bid, are summarized in the table below. Project Costs: Miller Paving Ltd. Bid $1,039,784.65 Tender Prep/Administration/ $62,387.08 Inspection 6.0%D Materials Testing (1.5%) $15,596.77 Contingencies(7.5%) $77,983.85 Total Costs Excluding HST $1,195,752.35 Net 1.76%D HST $21,045.24 Total Project Costs with Net HST $1,216,797.59 2011 Budget $1,160,000.00 2010 Approx. Carry Over $62,300.00 Total Adjusted Available Budget $1,222,300.00 Budget Balance $5,502.41 Based on performance on their previous work in Clarington, in our opinion, the tender in the amount of$1,039,784.65 (exclusive of HST)could be awarded to Miller Paving Limited of Gormley, Ontario, provided that all provisions of the Clarington Purchasing Bylaw have been met and subject to allocation of funding by Council Should you have any questions regarding this matter, please contact the undersigned. Sincerely, AECOM Canada Ltd. Doug Timms, P. Eng. Senior Project Manager doug.timms @aecom.com DT:hm Encl. cc: Tender Report Letter Contract CL2011-12(Revision 2).Docx 14-6 Clarington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution#: By-law#: N/A Report#: COD-014-11 File#: Subject: TENDER NO. CL2011-13, SUPPLY AND HAULAGE OF GRANULAR MATERIAL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-014-10 be received; 2. THAT CDR Young's Aggregates Incorporated, Pontypool, Ontario, with a total bid in the amount of$188,784.72 (net of HST Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2011-13, be awarded the contract for Supply & Hauling of Granular Material, as required by the Municipality of Clarington, Operations Department; and 3. THAT funds in the amount of$200;995.92 which includes $188,784.72 for tendering, administration, material testing and contingencies be drawn from the Operations Department various 2011 Annual Operations Road Maintenance and Construction Accounts, as follows: ACCOUNT ESTIMATED PROJECT DESCRIPTION ACCOUNT NUMBER EXPENDITURE Culvert 100-36-380-10205-7112 $3,318.00 Entrance Culverts 100-36-380-10225-7112 $2,875.60 Sidewalk Mtce. 100-36-380-10733-7112 $1,106.00 Guide Rail 100-36-384-10310-7112 $1,106.00 Ditch/Shoulder Mtce 100-36-380-10240-7112 $1,106.00 Gravel Resurfacing — Various Prices 100-36-382-10280-7112 $176,220.32 Gravel Resurfacing — Consulting/Material Testing/Contingencies 100-36-382-10280-7112 $15,264.00 $200,995.92 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-7 REPORT NO.: COD-014-10 PAGE 2 4. THAT pending satisfactory pricing and service the contract be extended for a second and third year. Submitted by: Reviewed by: rie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer MM\JDB\bh 14-8 REPORT NO.: COD-014-10 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 Tenders were publicly advertised and called for the Supply and Hauling of Granular Material as required by the Operations Department. Subsequently, three tenders were received and tabulated as per Schedule "A" attached. 1.2 The term for the contract is one year with an option to extend the contract for a second and third year. Contract renewal is dependent upon satisfactory performance and pricing. 2.0 ANALYSIS 2.1 After review and analysis of the bids by the Operations Department, AECOM and Purchasing, it was mutually agreed that the low compliant bidder, CDR Young's Aggregates Incorporated, Pontypool, Ontario, be awarded the contract for the Supply and Hauling of Granular Material. A copy of the recommendation memo from AECOM, is attached as Schedule "B". 2.2 CDR Young's Aggregates Incorporated, Pontypool, Ontario has provided similar services to the Municipality of Clarington in the past and the level of service has been satisfactory. 3.0 FINANCIAL 3.1 The total funds required for Tender CL2011-13, Supply and Hauling of Granular Material are included in the Operations Department 2011 Operations Road Maintenance and Construction accounts. 3.2 The account numbers are outlined as per Schedule "B" attached. The amounts required are within the budget allocation. 14-9 REPORT NO.: COD-014-10 PAGE 4 3.3 For the information of Council, the average of the unit prices per tonne represent an approximate 2.5% increase from the previous year. 3.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Operations. 4.0 CONCLUSION 4.1 To award the contract for the Supply and Hauling of Granular Material to CDR Young's Aggregates Incorporated, Pontypool, Ontario. 5.0 INPUT FROM OTHER SOURCES 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations Attachments: Attachment 1 — Schedule "A", Bid Summary Attachment 2 — Schedule "B", Account Numbers Attachment 3 — Schedule "C", Recommendation Letter from AECOM 14-10 ClarjRgtOR REPORT CORPORATE SERVICES DEPARTMENT Schedule "A" Bid Summary Tender CL2011-13 BIDDER TOTAL BID TOTAL BID (HST Included) (net of HST Rebate) CDR Young's Aggregates Inc. Pontypool, ON $209,637.13 $1881784.72 Robert E. Young Construction Peterborough, ON $213,817.74 $192,549.50 Lafarge Canada Inc. Stouffville, ON $225,277.59 $202,869.45 14-11 REPORT NO.: COD-014-11 PAGE 6 Schedule "B" Account Numbers Summary Tender CL2011-13 ESTIMATED ACCOUNT DESCRIPTION ACCOUNT NUMBER PROJECTEXPENDITURE Culvert 100-36-380-10205-7112 $3,318.00 Entrance Culverts 100-36-380-10225-7112 $2,875.60 Sidewalk Mtce. 100-36-380-10733-7112 $1,106.00 Guide Rail 100-36-384-10310-7112 $1,106.00 Ditch/Shoulder Mtce 100-36-380-10240-7112 $1,106.00 Gravel Resurfacing — Various Prices 100-36-382-10280-7112 $176,220.32 Gravel Resurfacing — Consulting/Material Testing/Contingencies 100-36-382-10280-7112 $15,264.00 $200,995.92 14-12 SCHEDULE T AECOMCOM AECOM 905 372 2121 tel �� 513 Division Street 905 372 3621 fax Cobourg,Ontario K9A 5G6 www.aecom.com May 3, 2011. (Revision 1) Mr. F. Horvath Director of Operations The Municipality of Clarington 40 Temperance Street BOWMANVILLE, ON L1C 3A6 Dear Sir: Project No: 60212314-6 Regarding: 2011 Gravel Tender Contract No.CL2011-13 Municipality of Clarington Tenders for the above project were opened at the Clarington Municipal Offices on Tuesday, April 28, 2011. A list of the bids received is provided in the table below. All numbers are exclusive of HST. BIDDER TOTAL BID TOTAL BID (HST Included) (Net of HST Rebate, 1.76% CDR Young's Aggregates Inc. $209,637.13 $188,784.72 Pontypool, ON Robert E. Young Construction $213,817.74 $192,549.50 Peterborough, ON Lafarge Canada Inc. $225,277.59 $202,869.45 Stouffville, ON The Municipality of Clarington's Purchasing Department reviewed all bids. AECOM Canada Ltd. has reviewed all bids accepted by the Purchasing Department and confirmed the bid values noted above. The bid submitted by CDR Young's Aggregates Inc. is the lowest bid and there were no mathematical errors noted in their submission. This project was tendered for the 2011 construction year with an option to extend into 2012 and 2013, subject to satisfactory performance and pricing. The bid bonds provided by all three bidders were in the correct amount. Tender Report Letter Contract CL2011-13(Revtsion 1).Dou 14-13 SCHEDULE"C" AZECO M Page 2 May 3,2011 CDR Young's Aggregates Inc. has successfully provided the services requested in the tender documents to the Municipality of Clarington in past years.. The total budget for this project is$210,000.00. The low bid from CDR Young's Aggregates Inc. is within the project budget when costs for administration, inspection, testing, and contingencies are factored in, and allowing for the net HST commitment of 1.76%. The estimated costs for various project components, based on the low bid, are summarized in the table below. Project Costs: CDR Young's Aggregates' $185,519.58 Inc. Bid Tender Prep/Administration $3,000.00 Materials Testing $4,000.00 Contingencies $8,000.00 Total Costs Excluding HST $197,519.58 Net 1.76% HST $3,476.34 Total Project Costs with Net HST $200,995.92 Budget $210,000.00 Budget Balance $6,004.08 Based on performance on their previous work in Clarington, in our opinion, the tender in the amount of$185,519.58(exclusive of HST)could be awarded to CDR Young's Aggregates Inc. of Pontypool. Ontario, provided that all provisions of the Clarington Purchasing Bylaw have been met and subject to allocation of funding by Council. Should you have any questions regarding this matter, please contact the undersigned. Sincerely, AECOM Canada Ltd. r Doug Timms, P. Eng. Senior Project Manager doug.timms @aecom.com DT:hm Encl. cc: Tender Report Letter Contract CL2011.13(Revision 1).D= 14-14 Clarftwn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution#: By-law#: N/A Report#: COD-016-11 File#: Subject: PURCHASE OF A PRE-BUILT PUMPER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-016-11 be received; 2. THAT the requirements of Section 2, Bid Policies of By-law 2010-112 be waived for this transaction; 3. THAT the Purchasing Manager be authorized to solicit Expressions of Interest from known fire truck manufacturers to determine the availability of a new 1250 GPM Pumper suitable for Clarington requirements; 4. THAT the Purchasing Manager be authorized to negotiate a purchase price for a selected unit; and 5. THAT a report to Council be provided summarizing the results of the Request for the Expressions.of Interest and providing a recommendation for the purchase of the selected�'unit. Submitted by: , , , � � Reviewed by: 'W'harie Marano H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer Nancy Taylor, B.B.A., C.A., Director of Finance/Treasurer MM\JDB\BH\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 14-15 REPORT NO.: COD-016-11 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 Fire and Emergency Services has provided funding in their 2011 Capital Budget for a new pumper truck. 1.2 In the past, the methods used to acquire new fire trucks have included Public Tender, Request for Proposal, negotiation with a selected manufacturer and an Expression of Interest. The formal public process (RFT & RFP) for the acquisition of a new unit from date of bid solicitation to delivery of the completed unit can take upwards of twelve to eighteen months depending on the type of equipment required. This is primarily because the unit is custom built and must be manufactured to meet the specifications set out in the tender. 1.3 In 2008, the Municipality of Clarington set aside the normal competitive process and purchased a pre-built pumper using an Expression of Interest (EOI) with satisfactory results. As the EOI process was effective and provided the Fire Department with a pumper which met their requirements and expectations in a much shorter time period and within budget, it is recommended that the Purchasing By-law be waived and the use of an EOI process be authorized for acquisition of the new fire pumper. The EOI process allows for the vendors to focus on the availability of the unit as well as present the features offered on their stock or under construction pumper trucks and indicate an approximate cost. The EOI process is far less formal than the tendering and RFP process and avoids complexities and risks associated with the formal bidding process. 1.4 The 2008 acquisition was for the purchase of the pre-built unit. Typically, the prices for pre-built units are better than those offered for the production of a unit to our specifications simply because the pre-built unit is constructed using standard design and components to a standard and marketable specification. As the stock units are readily available and often sought after, they do not usually fit with a public Tender process 14-16 REPORT NO.: COD-016-11 PAGE 3 where the evaluation of bids and the award process are lengthy. Dealers are reluctant to commit themselves on the availability of a stock unit when other buyers are interested in a quick purchase. The EOI process lends itself to a much faster decision process and a relatively short award period. 1.5 Staff recommend a request for Expressions of Interest from known manufacturers indicating the availability of pre-built units or those in an advanced state of construction conforming to basic criteria for a 1250 GPM Pumper with accessories and the approximate cost and details with respect to the specifications. Purchasing and Fire Staff will review the submissions, select the unit(s) providing the best combination of price and specification and proceed to negotiate a final delivered price for a unit with accessories. 1.6 Upon completion of the negotiations, a report to Council will be provided outlining the results of the process, the negotiations and requesting approval to proceed with an award. 1.7 If a unit acceptable to the Fire and Emergency Services Department cannot be located using the proposed expression of interest process; a formal tender process will be undertaken. 1.8 In 2008 when the EOI process was recommended authorization was also provided to amendment the Purchasing By-law to include the EOI process should the process prove successful. In accordance with the approval through report #COD-018-08 (copy attached as Schedule `A'), the By-law will now be amended to include the updated provision for use of the EOI process. 14-17 REPORT NO.: COD-016-11 PAGE 4 2.0 FINANCIAL 2.1 Fire and Emergency Services has made provision in the 2011 Emergency Services Fleet Budget, Account # 110-28-388-82812-7401 for the purchase of a new pumper at the estimated cost of $600,000.00. 3.0 INPUT FROM OTHER SOURCES 3.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Emergency & Fire Services Director of Operations 14-18 SCHEDULE"A" • G� II Leading the Way ._. .. __ REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 17, 2008 �.esolu-h a� PA a1�-Q� Report#: COD-018-08 File# By-law# Subject: PURCHASE OF A PRE-BUILT PUMPER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-018-08 be received; 2. THAT the requirement for tendering in accordance with By-law 2006-127 be waived for this transaction; 3. THAT the Purchasing Manager be authorized to solicit expressions of interest from known fire truck manufacturers to determine the immediate availability of a new 1250 GPM Pumper; 4. THAT the Purchasing Manager be authorized to negotiate a purchase price for a selected unit; 5. THAT a report to Council be provided summarizing the results of the Request for the Expressions of Interest and providing a recommendation for the purchase of the selected unit; and 6. THAT should the expression of interest process prove successful in this instance, the Purchasing Manager amend the Purchasing By-law to include the use of the expression of interest process for the acquisition of fire fighting vehicles as deemed appropriate. 14-19 SCHEDULE"A° REPORT NO.: COD-018-08 PAGE 2 Submitted by: Reviewed by: ne Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer ordon Weir,A.M.C.T., C.M.M.II Director of Emergency&Fire Services i Fred Horva ,; RD R, RRFA, Director of 0' erations MMIGW\FHWDB1km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905}623-3379 F(905)623-4169 14-20 SCHEDULE"A" REPORT NO.: COD-018-08 PAGE 3 BACKGROUND AND COMMENT Fire and Emergency Services has provided funding in their 2008 Capital Budget for the replacement of a 1990 pumper. In the past the methods used to acquire new Fire trucks has included Public Tender, Request for Proposal and negotiation with selected manufacturers. Traditionally, the public process for the acquisition of a new unit from date of bid solicitation to delivery of the completed unit can take upwards of 12 to 18 months depending on the type of equipment required. in recent years, our bid solicitations have included a request for pricing on units built to our specification as well as an optional price for the supply of a pre-built unit or a unit that is under production with delivery within a couple of months. The preparation time for this type of solicitation is considerable since the specification must be comprehensive yet generic enough to allow.competitive bidding. In many cases the alternate prices for pre-built units are better then those offered for the production of a unit to our specifications simply because the pre-built unit is constructed using standard design and components to a standard specification. As was the case in our last acquisition our recommendation was for the purchase of the pre-built unit. In view of the length of time involved in the formal competitive process and the benefits of obtaining an early delivery, staff are recommending an alternate method of acquisition to expedite the purchase and delivery. This process would include a request for expressions of interest from known manufacturers indicating the availability of pre- built units conforming to basic criteria, i.e. 1250 GPM Pumper with accessories, the approximate cost and details with respect to the specifications. Purchasing and Fire Staff would review the submissions, select the unit providing the best combination of price and specification and proceed to negotiate a final delivered price for the unit with accessories. On completion of the negotiations a report to Council will be provided outlining the results of the process, the negotiations and seeking approval to proceed with an award. 14-21 SCHEDULE"A° REPORT NO.: COD-018-08 PAGE 4 Note, if a unit acceptable to the Fire and Emergency Services Department cannot be located using the proposed expression of interest process, a formal tender process will be undertaken. However, should this process be successful, it is recommended that the Purchasing By-law be amended to provide for the use of an expression of interest process for fire fighting equipment as deemed appropriate by the Purchasing Manager with a report to Council for the final award. In order to proceed on the basis of an expression of interest and negotiation, the requirements of the Purchasing By-law calling for a public tender process must be waived and Council authority to proceed with an expression of interest process provided. Clarftwn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution#: By-law#: N/A Report#: COD-017-11 File#: Subject: Q2011-9 HIGH PRESSURE AIR COMPRESSOR FOR EMERGENCY AND FIRE SERVICES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-017-11 be received for information; 2. THAT Acklands Grainger, Oshawa, ON with a total bid in the amount of $71,929.67 (net HST rebate), being the lowest compliant bidder meeting all terms, conditions, and specifications of Quotation #Q2011-9, be awarded the contract for the supply and installation of a high pressure air compressor as required by the Emergency and Fire Services Department; 3. THAT the expenditure in the amount of $70,000.00 (net of HST rebate) be charged to account #110-28-284-82805-7401- Fire Mechanical- Compressor; and 4. THAT the additional funds required of $1,929.67 be drawn from Fire Equipment Reserve Fund. Submitted by: Reviewed by:( � "'-C Q___'C� rie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer Nancy Taylor, B.B.A., C.A., Director of Finance CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 14-23 REPORT NO.: COD-017-11 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 Specifications for Quotation were developed with input from the Emergency and Fire Services Department. 1.2 The Quotation was advertised on the Municipality's website. Subsequently, a total of four documents were downloaded and 2 submissions were received and tabulated as per Schedule "A" attached. 2.0 ANALYSIS 2.1 A total of two (2) submissions were received in response to the quotation call. Both submissions were deemed to be compliant. 2.2 Based on the bids submitted, the project cost is in excess of the budget amount. 2.3 After further review and analysis of the compliant bids by the Emergency and Fire Services Department and Purchasing, it was mutually agreed that the low bidder, Acklands Grainger, Oshawa, Ontario be recommended for the award of the contract. 2.4 The low bidder has worked for the Municipality in the past. Their work has met the Municipality of Clarington's requirements and there have been no issues in the past. 2.5 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Emergency and Fire Services. 14-24 REPORT NO.: COD-017-11 PAGE 3 3.0 FINANCIAL 3.1 The total project cost (Net of HST Rebate) is $ 71,929.68. 3.2 Funding for this project in the amount of $70,000.00 will be drawn from the Emergency and Fire Services 2011 Capital Budget account 110-28-284-82805- 7401 — Fire Mechanical — Compressor. 3.3 An additional $1,929.68 is required to complete the project and these funds will be drawn from Fire Equipment Reserve Fund. 4.0 CONCLUSION 4.1 To award the contract to Acklands Grainger, Oshawa, Ontario for the supply, delivery and installation of a High Pressure Air Compressor. 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 Emergency and Fire Services Attachments: Schedule "A" - Bid Submissions 14-25 1 •� n Leading the Way Schedule "A" SUMMARY OF BID RESULTS QUOTATION Q2011-9 HIGH PRESSURE AIR COMPRESSOR BIDDER REVISED BID (Net of HST Rebate Ackland Grainger Oshawa, ON $ 71,929.68 Pacific Engineering-Inc. Pickering, ON $ 74,1 32.16 14-26 Clarftwn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MAY 9, 2011 Resolution#: By-law#: Report#: FND-009-11 File#: Subject: ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUND FOR THE YEAR ENDED DECEMBER 31, 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-009-11 be received; and 2. THAT a copy of this report be sent to the Ministry of Municipal Affairs and Housing. Submitted by: � Reviewed by: Na ncy Ta lor, B .A., C.A. Franklin Wu, Director of Finance/ Chief Administrative Officer Treasurer NT/hjl 15-1 REPORT NO.: FND-009-11 PAGE 2 BACKGROUND 1.0 In accordance with Bill 98, an Act to promote job creation and increased municipal accountability while providing for the recovery of development costs related to new growth, Schedule "A" attached shows the activity in the Development Charges Reserve Funds for the year ended December 31, 2010. 2.0 For the year ended December 31, 2010, a total of 593 residential building permits were issued. Approximately 682 units were anticipated for 2010 in the development charge study review and update. Also, a total of 30 capital projects have been financed by the Development Charges Reserve funds. Attachments: Schedule "A" - Development Charges Reserve Funds Statement Schedule "B" — Committed Amounts from Prior Years' Budgets/Council Approvals Schedule "C" — Capital Expenditures Interested Parties: Municipal Finance Branch Ministry of Municipal Affairs and Housing 777 Bay Street, 13th floor Toronto, Ontario M5G 2E5 15-2 DIN DC REPORTSIDCRF 2009 MUNICIPALITY OF CLARINGTON SCHEDULE A Prepared:AM Jan 19111 DEVELOPMENT CHARGES RESERVE FUNDS STATEMENT Updated'.AM Apr 2611 FOR THE 2010 YEAR See Schedule C •` See Schedule B 2010 Budget(includes 2010 debenture payments) ""brackets=funds available,no brackets=shortfall NOTE: Total Development Charges collected on behalf of the Region in 2010 Amounts O/s as of Dec.31 St 2009 Less: Amounts paid to the Region Total Development Charges due to the Region at December 31,2010 all w 7,235,359 7,235,359 S 580 581 582 583 584 585 586 587 589 GENERAL LIBRARY FIRE PROTECTION INDOOR PARK DEV.& OPERATIONS ROADS AND PARKING TRANSIT STORMWATER TOTAL GOVERNMENT SERVICES SERVICES RECREATION RELATED FACILITIES RELATED &DRAINAGE CONTROL SERV. Balance as of December 31 2009 (823,837) 2,060 352 890,013 1,487 021 (4,191,522) (80,461) - - (9,533,206 PLUS: Development Charge Proceeds Accrued Interest Apportionment (215,635) (13,120) (429,756) (995) (467,615) (38,443) (2,465,829) (574) (701,094) (20,950) (400,256) (26,468) (3,878,898) (106,094) (32,107) (1,662) - - - (8,591,189) (208,303) Transfer from Reserve Fund Transfer from Capital Fund - - (6,699) (8,699) Transferfrom Revenue Fund - - - - SUBTOTAL (228,754) (430,751) (506,057) 2 466 403 (722,044) (435,423) 3 984 991 (33,768) - - 8 BOB 192 LESS: Amount Transferred to Capital Fund ' Transfer to Revenue Fund 51,456 . 277,436 316,812 49,000 6,050 - 3,134,683 233,666 10,736 356,953 6,095 643,953 119,291 - 520 - - 1,335,028 3,871,623 Repayment of Interim Financing from Reserve Funds 113,939 113,939 SUBTOTAL 328,892 430,751 55,050 3,134,683 244,402 363.048 763,245 5201 - - 5,320,591 Closing Balance as of December 31,2010 (723,699) 2 511 359 668,280 (1,367,656) (1 559,395 7 413 268 - - 13 020,807 E113710 Committed Amounts from Prior Years 353,948 1 044,977 124 423 205 607 3,378 950 - - 5 107 905 Available at December 31,2010 369 751 1 466 382 668 280 1 243 233 1 353 788 4 034 319 - - Y912 902 Committed Amounts from 2011 Budget- 335,250 386,143 606,000 3,073,559 621,900 449,100 3,165,308 8,637,260 Balance remaining of Interim Financing from Reserve Funds 207,008 747,054 954.062 Balance Available for Future Needs**** 34,501 593,151 (860,382)1 4,488 893 (621,333)1 904,688 869 011 113,71011 - - 1,678,420 See Schedule C •` See Schedule B 2010 Budget(includes 2010 debenture payments) ""brackets=funds available,no brackets=shortfall NOTE: Total Development Charges collected on behalf of the Region in 2010 Amounts O/s as of Dec.31 St 2009 Less: Amounts paid to the Region Total Development Charges due to the Region at December 31,2010 all w 7,235,359 7,235,359 S DN:DC REPORTS/DCRF 2009 Prepared:AM May 25/10 SCHEDULE B Updated:AM Apr 2611 MUNICIPALITY OF CLARINGTON DEVELOPMENT CHARGES RESERVE FUND STATEMENT FOR THE 2010 YEAR COMMITTED AMOUNTS FROM PRIOR YEARS'BUDGETS/COUNCIL APPROVALS YEAR PROJECT/DESCRIPTION AMOUNT COMMITTED RESERVE FUND: D/C-GENERAL GOVERNMENT 2007 Operating 100-50-130-10529-7160 Plan-Official Plan Review 187,573 2008 Operating 100-50-130-10529-7160 Plan-Official Plan Review 14,462 2009 Operating 100-50-130-10529 Plan-Official Plan Review-Consulting services growth management&Intens 81,961 2008 Operating 100-50-130-X-7160 Plan-Update of Architectural Control Standards 1,820 2008 Capital 110-36-130-83801 Plan-Master Plan 38,544 2009 Operating 100-21-211-X-7161 D/C Study 9,093 2010 Operating 100-50-130-X-7160 Planning Stud -Robinsonlroole Sub-watershed Plan 20,495 Total 353,948 RESERVE FUND: D/C-EMERGENCY SERVICES 2010 Capital 110-28-370-82844 Newcastle Fire Station#2 Construction 1,044.977 Total 1,044,977 RESERVE FUND: D/C-PARK DEVELOPMENT&RELATED FACILITIES 2006 Capital 110-32-325-83287 Waverly Rd,Bow.-landscape feature area/plantings/sign/lighting 101,589 2010 Capital 110-32-325-83310 Longworth&Scugog S/W Comer 19,823 2010 Capital 110-32-325-83325 Penwest Parkette 3,011 Total 724,423 RESERVE FUND: D/C-OPERATIONS(Buildings,Equipment,Fleet) 2008 Capital 110-36-370-83677 42 Operations Depot-underground Fuel Tanks and Petro Vend Feuling 55,850 2008 Capital 110-36-388-83643 New equipment/roads-2008 various 28,345 2009 Capital 110-36-388-83643 New equipment/roads-2009 various 23,849 2010 Capital 110-36-388-83643 New equipment/roads-2010 various 97,563 Total 205,607 RESERVE FUND: D/C-ROADS AND RELATED 2010 Capital 110-32-130-83327 D/C Study Update 16,332 2009 110-32-324-83278 Hwy#2 Bowmanville St Lights Installation-Add'I to'08 Hwy#2 Sidewalk 21,908 2005 Capital 110-32-330-83205 Longworth Ave,Bow/Reg.Rd#57 to Middle Rd-surface asphalt 7,680 2009 Capital 110-32-330-83207 Works Associated with Development 8,723 2008 Capital 110-32-330-83208 Meams Ave,Bow-CPR level crossing to Conc.Rd#3-road reconstruction 32,265 2009 Capital 110-32-330-83214 Nash Rd-road construction 33,785 2004 Capital 110-32-330-83231 Longworth Ave,Bow/Liberty to Scugog-collector oversizing 44,175 2010 Capital 110-32-330-83233 Hunt St 11,155 2010 Capital 110-32-330-83264 Baldwin St 27,936 2010 Capital 110-32-330-83265 Clarington Blvd,Bow/Uptown to 370m north-reimburse.collector rds constm 3,255 2007 Capital 110-32-330-83276 Green Rd,Bow/Baseline to Boswell-road reconstruction/DC debt 503,855 2005 Capital/Council 110-32-330-83277 King St,Bow-Bow.Mall traffic signalization 43,123 2010 Capital 110-32-330-83286 St George St 8,038 2010 Capital 110-32-33G-83291 Elgin St 6,053 2007 Capital 110-32-330-83296 Stevens Road,Bow.Extension-road reconstruction 68,741 2009 Capital 110-32-330-83296 Stevens Road,Bow.Extension-Complete surface asphalt 200,000 2006 Capital 110-32-330-83299 Darlington Blvd,Courtice-road reconstruction/design 9,765 2006 Council 110-32-330-83312 Traffic signals-Baseline Rd.W.&Spry 96,759 2007 Capital 110-32-330-83314 Baseline Rd/Lamb's to Bennett Rd-road reconstruction 75,471 2008 Capital 110-32-330-83319 Conc.Rd#3/west of Meams Ave-road reconstruction 3,397 2010 Capital 110-32-330-83334 Osboume Rd 1,214,430 2010 Capital 110-32-330-83356 GreegRd-635 m North of Stevens Rd 711,525 2007 Capital 110-32-331-83278 Hwy#2,Bow/south side-Clar.Blvd to Green Rd/north side 17,814 2008 Capital 110-32-331-83278 Hwy#2,Bow/south side-Clar.Blvd to Green Rd/north side 28,677 2010 Capital 110-32-331-83340 Nelson St Sidewalk 9,682 2010 Capital 110-32-331-83341 Baseline Rd Sidewalk 9,722 2009 Capital 110-32-331-83343 Bloor St Sidewalk-Townline Rd to Huntington Cres.Courtice 41,329 2009 Capital 110-32-331-83345 Courtice Rd Sidewalk-Hwy#2 to Myse Dr Courtice 65,058 2009 Capital 110-32-331-83346 Prestonvales Rd Sidewalk-East Side(Bloor to 350m south)West Side(frm S 47,868 2008 Capital 110-32-340-83317 Foster Creek erosion protection 5,762 2008 Council 11 G-32-340-83317 Foster Creek erosion protection 4,667 Total 3,378,950 TOTAL COMMITTED TO DEVELOPMENT CHARGES RESERVE FUNDS 5,707,905 15-4 DN:DC REPORTS/DCRF 2009 SCHEDULE C Prepared:AM Jan 19/11 Updated: AM Apr 2611 MUNICIPALITY OF CLARINGTON DEVELOPMENT CHARGES RESERVE FUND STATEMENT FOR THE 2010 YEAR Total Expenses D/C RIF NON D/C R/F CAPITAL EXPENDITURES For 2010 FINANCING FINANCING DESCRIPTION D/C-GENERAL GOVT Operations Master Plan 57,173 51,456. 5,717 Tax Levy 57,173 51,456 5,717 D/C-FIRE PROTECTION SERVICES Land Acquisition-Newcastle Fire Hall 49,000 49,000 49,000 49,000 - D/C-PARK DEVELOPMENT&RELATED FACILITIES Sidewalk Construction-Longworth/Scugog 17,974 16,177 1,797 Tax Levy Penwest Parkette 241,654 217,489 24,165 Tax Levy 259,629 233,666 25,963 D/C-OPERATIONS New Equipment-2009 Roads 27,939 22,993 2,794 Mun Cap Wrks R/F 2,152 Operations Equip R/F New Equipment-2010 Roads 233,122 209,810 23,312 Mun Cap Wrks R/F Renovations-Operations Depot 42 164,944 124,150 27,000 Tax Levy 13,794 Mun Cap Wrks R/F 426,005 356,953 69,052 D/C-ROADS AND RELATED Road reconstruction-St.George St 13,220 12,105 1,116 Tax Levy Road reconstruction- Baldwin St 36,875 24,342 3,596 Tax Levy 8,937 Roads Contribution R/F Road reconstruction- Hunt St 118,128 41,345 76,783 Tax Levy Road reconstruction- Longworth Ave 63,805 53,915 894 Roads Contribution R/F 2,654 Mun Cap Wrks R/F 6,341 Developer Recovery Road reconstruction- Clarington Blvd 49,745 46,145 3,600 Mun Cap Wrks R/F Road reconstruction-Meams Ave 16,962 15,106 1,857 Tax Levy Road reconstruction-Green Rd North 201,287 201,287 - Road reconstruction-Elgin Street 74,779 17,947 56,832 Tax Levy Road reconstruction-Stevens Road, 106 106 - Road reconstruction-Concession Rd#3 31,243 24,669 6,573 Mun Cap Wrks R/F Road reconstruction-Baseline Rd 5,424 3,427 1,998 Region Contribution Road reconstruction-Osboume Rd. 95,120 78,221 16,899 Mun Cap Wrks R/F Road reconstruction-Nash Rd 8,966 6,934 383 Tax Levy 1,648 Roads Contribution R/F Sidewalk construction-Hwy#2,Bowmanville 5,807 5,807 - Sidewalk reconstruction-Nelson St 15,318 15,318 Sidewalk reconstruction-Baseline Rd 39,662 18,958 20,703 Tax Levy Sidewalk construction-Prestonvale Rd 1,867 1,867 - Sidewalk construction-Courtice Rd 24,942 24,942 Street Lights-Longworth Ave. 16,500 16,500 Street Lights-Hwy#2 Bowmanville 1,254 1,254 Works Associated With Development 135 90 45 Tax Levy D/C Update Study 33,668 33,668 854,812 643,953 210,859 TOTAL CAPITAL EXPENDITURES 1,646,620 1,335,028 311,591 SUMMARY OF FINANCING: 51,456 D/C-general Goverment R/F 49,000 D/C-Fire Protection Services R/F 233,666 D/C-Park Dev.&Related Facilities R/F 356,953 D/C-Operations R/F 643,953 D/C-Roads and Related R/F 69,627 Municipal Capital Works R/F 2,152 Operations Equip.R/F 11,479 Roads Contribution R/F 219,995 Tax Levy 1,998 Region Contribution 6,341 Developer contribution TOTAL FINANCING 1,646,620 1,335,028 311,591 15-5 Clarftwn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MAY 9, 2011 Resolution#: By-law#: Report#: FND-010-11 File#: Subject: FINANCIAL UPDATE AS AT MARCH 31, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-010-11 be received for information. Submitted by: Reviewed by: N ncy T lor, 60A:, &A Franklin Wu, Director of Finance/ Chief Administrative Officer Treasurer NT/CC/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 15-6 REPORT NO.: FND-010-11 PAGE 2 BACKGROUND AND COMMENT 1.0 The Financial Update report has been designed to focus on overall budget variance reporting. The format and layout of this report is consistent with report FND-020-10, presented previously to Council FIRST QUARTER OF 2011 RESULTS 2.0 Attachment "A", the Summary of Operating Expenditures and Revenue statement compares the Municipality's budget to actual posted expenditures as of March 31, 2011. The statement reflects the Municipality's operating budget only and excludes year to date expenditures for the consolidated hall/arena boards. Net expenditures to March 31, 2011 total $16,993,834 which represents 97.40% of the net operating budget of the first quarter. This includes annual grants and debentures that occur at the beginning of the year. If this was measured against the total net operating budget for 2011 the percent of the operating budget expended to March 31St is 39.64%. 2.1 Attachment "A" is intended to provide an indication of the status of the Municipality's operating accounts compared to the approved budget as at March 31, 2011. However, many departments are affected by high levels of activity during specific times of the year. For example, some activities are seasonal in nature, such as ice rentals and winter control which result in a fluctuation of the timing of recognition of revenue and expenses. The budget is allocated monthly based on the 2010 actual monthly distribution. In cases where there is no prior year history, the monthly budget allocation is divided equally over the 12 months. The Legal department allocation has been evenly distributed over the 12 months due to the lack of prior year history. While this is best method available to be reflective of seasonal trends, there may be some variations from year to year. Due to these timing differences, this statement cannot be used in isolation. 2.2 The budget software has been expanded to the salary budget plan. The salary budget software is date driven and is based on the actual pay periods — Sunday to Saturday. However, the payroll is processed on the Thursday in the second week of the payroll. Therefore there is a variance in the March payroll as pay period 7 covers the period March 20 to April 2, 2011. The payroll was processed on March 31St. Therefore some of the increase over budget in all departments may be attributed to the timing difference of the payroll between the budget software and the actual year to date figures. 2.3 In general, the operating budget is overall on target. Some of the variances can be attributed to the timing differences in revenue and expenditures between 2010 and 2011. As this is the first quarter analysis it may be premature to extrapolate the figures and percentages to future quarters. 15-7 REPORT NO.: FND-010-11 PAGE 3 2.4 As noted above the Legal Department does not have a full year of historical reference for the 2011 budget dispersion. Therefore the equal monthly allocation does not reflect the actual allocation. Revenues/recoveries of legal fees should improve over the year and the second quarter analysis may be more relevant 2.5 The Non-Departmental revenues are higher that the quarterly budget. This is mainly due to the timing of the investment maturities. The 2010 maturities and interest earned do not necessarily match the 2011 maturities and this is more apparent in the first quarter analysis. 2.6 The Finance revenues are higher than the quarterly budget. This is due to the higher than budget amount of the fines and penalties on taxes. However, the first quarter of 2011 ($418,859) is comparable to the 2010 first quarter interest and penalties ($398,845). 2.7 The Emergency Services revenue is lower than the quarterly budget. There has been a decrease in burning permits compared to last year as of March. Also, last year in 2010 there was some joint training with OPG. 2.8 The Operations department revenue is lower than the first quarter budget. There has been a decrease in entrance culvert fees and in the seniors' snow clearing fee. 2.9 The Planning department revenues and expenditures vary from the first quarter budget. However the timing of the Planning activities are not necessarily seasonal and cannot always be predicted by the previous year's timing. The Planning department activities may be better represented in the second quarter analysis. 2.10 Attachment "B", Continuity of Taxes Receivable for the three months ending March 31, 2011 provides the status of the taxes billed and collected by the Municipality of Clarington during the first quarter of 2011. A total of$30,655,363 in interim tax bills were issued to property owners in the Municipality during this period. At the end of March, a total of$8,948,700 remains unpaid. However, currently on hand are prepaid taxes through the pre-authorized payment system and prepaid taxes for the April 2011 installment of $4,280,487. The net balance of$4,573,788 is slightly lower than the prior year at this time. The changes in collection processes and procedures implemented during 2009 and continued in 2010 have been successful in holding the line on the balance of taxes outstanding over 2009. The 2011 first quarter results reflect the continued success in 2011. 2.11 Attachment "C", Investments Outstanding as of March 31, 2011 provides the status of the Municipality's general, capital and reserve fund investment holdings at the end of the year. The Municipality at March 31, 2011 holds $0 in general fund investments, $0 in capital fund investments and $36,305,385.40 in reserve fund investments to fund future commitments. General fund investments are short term 15-8 REPORT NO.: FND-010-11 PAGE 4 in nature and timed to mature when funds will be required. Investments held in the Municipality's portfolio are reviewed on an ongoing basis to ensure they meet the requirements of Section 418 on the Ontario Municipal Act and the Municipality's investment policy. Currently, general fund investments are held in the Municipality's general bank account as the interest rate on the account is more favourable than money market instruments. 2.12 Attachment "D", Debenture Repayment Schedule as of January 1, 2011 provides the status of the Municipality's long-term obligations. The Municipality has $29,504,357.59 in outstanding debt as of January 1, 2011 and debt repayment obligations of$$6,785,135.16 for 2011 as reflected in the 2011 budget. The annual principal and interest payments required to service these liabilities are well within the annual debt repayment limits prescribed by the Ministry of Municipal Affairs and Housing. 2.13 Attachment "E", Municipal Development Charges as of March 31, 2011 provides the total Municipal development charges collected of$1,055,537.35. In 2010 Development Charges Background Study, it was forecasted that the municipality would be collecting approximately 699 residential units total for 2011 or approximately 58 units per month. 2.14 Comparing the number of units issued in 2011 to 2010 in the first quarter, shows that in 2011 there was a decrease of 37% in the number of units issued compared to 2010. In comparing the total dollars collected in 2011 to 2010, there was a decrease of over 34% in development charges collected. As per the 2010 DC Background Study, there are 699 units forecasted for 2011. CONCLUSION 3.0 The report is provided as information to Council. Ongoing reports will be provided quarterly. Attachments: Attachment "A": Summary of Operating and Expenditure and Revenue Attachment "B": Continuity of Taxes Receivable Attachment "C": Investments Outstanding Attachment "D": Debenture Repayment Schedule Attachment "E": Municipal Development Charges 15-9 THE MUNICIPALITY OF CLARINGTON (ATTACHMENT"A" SUMMARY OF OPERATING EXPENDITURES&REVENUES FOR THE THREE MONTHS ENDING MARCH 31,2011 2011 2011! %of Quarteriy 2011 %of Annual ___ ...._ ____ Budget YTD Actuals YTD Budget Spent Annual Budget Spent _........_. .. ............._.__. ......... _.... .......... _...._._ ..... .......... 1st Quarter 1st Quarter ...... _...... _ - 05NON-DEPARTMENTALACCOUNTS Expenditures 175,500 167500-. 95,44% 201,0221 83.32% ........ Revenues/Recoveries(excluding t (36,857) (75,089). 203.73% (9,849 768): 0.76% Net Non-Departmental 138,643, 92,411' 66.65% (9,648,746):. -0.96% 10 MAYOR&COUNCIL_ _ Net office of the Mayor&Council 195,593 200,073 102.29% 819,607 24,41% 13 ADMINISTRATOR'S OFFICE Net Office of the CAO 97,306. 124,189= 127.63% 442.124= 28.09% _._ .............................. _ ................. 14 LEGAL ADMIN Revenues/Recoveries (37,527) (11,334), 30.20% � (186,100)( 6.09% _.. _.. _...._.,.. _-._ ._..___....-_._ _.._. _... _ Expenditures 127,910 92,082, 71.99% 522,264 17.63% Net i.egal Administration 90,383- 80,748' 89.34% 336,164! 24.02% ......... __._.._..... _..__._........._ 16 CORPORATE SERVICES Revenues/Recoveries (35,710 47,831): 133.94% (102 700: 46.57% _.........._ _. ._........ ......... .. ................................. Expenditures 1,159,593 1,002,386' 86,44/, 3,858,989 25.98% _."Net CorportateServices 1,123,883! 954,555! 84.93% 3,756,289: 25.41% _..... __............. .. ......_...... .........: Revenue/Recoveries (93,131) (135,183) 145.15% (573,000)1. 23.59% Expenditures 495,117 490,197' 99.01% 2,198,140. 22.30% _.._. _..._ ! Net Clerks 401,986 355,014' 88.32% 1,625,140 21.85% 21 FINANCE&UNCLASSIFIED ADMIN Revenue/Recoveries (316,183) (466211)! 147.45% (1,467000). 31.78°x6 _._.... _ _.. ........ ......_._... .................... .................. _. Unclassified Admin&Board of Tradi 186,377 213,106 114.34% 1.889,444. 11.28% Operating Expenditures 459,462 514,852': 112.06% 1,952,778, _.._._._... ._.........._..-_..._ ._......._................ ._ Total Finance Expenditures 645,839' 727,960' 112,72% 3,842,222: 18.95% Net Finance 329,656 261,749: 79.40% 2,375,222' 11.02% 28 EMERGENCY SERVICES-FIRE Revenue/Recoveries (9,952) (3,402): 34.18% (35 800): 9.50,6 ...... _... ............ ........._.. ... . ......... ...._.... ......... .._..... Expenditures 2,010,124' 1,877,427 93.40% 8,998,173. 20.86% Net Emergency Services 2,000,172( 1,874,025 93.69% 8,962,373: 20.91% 32 ENGINEERING SERVICES --Revenue/Recoveries _.__. (349,184_) (296,528)', 84.92% (1509,050)!, 22.65% Expenditures 641,242 669,424' 104.39% 4,769,854! 14.03% .- _._.. Net Engineering Services 292,058: 372,896! 127,68% 3,460,804 10.77% 36 OPERATIONS 1. Revenue/Reco1veries (35,342) (16 619) 47.02°x6 (426 200) 3.90% ..... Operating Expenditures 2,756,848 2,888,450 104]7% 12.204,317 23.67% Fleet&Debenture Payments 3,437,490 3,224,606' 93.81% 4,049,319 79.63% ___._...... Total Operations Expenditures 6,194,338 6,113,056! 98,690/ 16,253,6361 37.61% _......-._.. __. ...._..... _._"..._.._.... Net Operations Department 6,158,996 6,096,437' 98.98% 15,827,436!, 38.52% ...........__....._._....... ............._........_.... _......... 42 COMMUNITY SERVICES Revenue/Recoveries (1551451) (1,551436)'; 100.00% (4,427080){ 35.04% ...................._._.._ .... Operating Expenditures 2,108,706' 1,908742; 90.52% 8981,321! 21.25% Annual Grants&Debenture Paymen 3,093,628 3,080,286 99.57% _ 3,447,969. 89.34% Total Expenditures 5,202,334 4,989,028: 95.90% 12,429,290: 40.14% . .._. Net Community Services 3,650,883 3,437,592' 94.16% 8,002,210' 42.96% 50 PLANNING SERVICES Revenue/Recoveries (123,628) (69 728). 56.40% (421,525)i 16.54% ..._...__. ......_....... ............ _. ... ............ Expenditures 652,487' 783,717' 120.11% 3,807,949' 20.58% Net Planning Services _ 528,859 713,989' 135.01% 3,386,424' 21.08% ....... .. BOARDS&AGENGIES Net Boards and External Agency 2,439,811 2,430,156! 99.60% 3,521,5961 69.01% __...... _._ ........... ........ .... .................... . TOTAL OPERATING: Revenue/Recoveries (2,588,965) (2,673,361): 103.26% (18,798223) 14.22% Expenditures 20,037,194 19,667,1951, 98.15% 61,664,866! 31.89% Net 0peratmg Expenditures 17,448,229 16,993,834 97.40% 42,866,643! 39.64% 15-10 ATTACHMENT "B" CORPORATION OF THE MUNICIPALITY OF CLARINGTON Continuity of Taxes Receivable for the First Quarter of the Year 2011 December 31,2010 MARCH MARCH BEGINNING BAL. INTEREST TAXES PAYMENTS/ 2011 2010 RECEIVABLE ADDED BILLED BALANCE ADJUST."' CURRENT YEAR TAXES 3,910,945 30,655,363 34,566,307 (38,941,219) (4,374,912) (4,280,487) PENALTY AND INTEREST 279,837 150,701 430,538 406,247 24,291 25,010 FIRST PRIOR YEAR TAXES 3,069,833 3,069,833 2,127,169 5,197,002 4,918,608 PENALTY AND INTEREST 240,565 133,719 374,283 78,459 295,824 321,415 SECOND PRIOR YEAR TAXES 883,890 883,890 1,303,245 2,187,135 1,950,298 PENALTY AND INTEREST 93,715 47,629 141,344 49,552 190,896 271,932 THIRD&PRIOR YEARS TAXES 568,359 568,359 264,069 832,427 1,091,341 PENALTY AND INTEREST 271,361 82,623 353,983 132,859 221,125 1 347,247 SUB-TOTAL 9,318,504 414,671 30 655,363 40,388,537 35,814,749 4,573,788 4,645,363 PREPAID TAXES 2,941,883 4,374,912 4,280,487 TOTAL 6,376,621 414,671 30,655,363 40,388,537 35,814,749 8,948,700 8,925,850 " Includes refunds,write-offs,357's,etc. NOTE 1: 2011 Interim Instalment months: February and April. NOTE 2: Current year taxes are in a negative position because they include taxes prepaid for the April instalment. 15-11 CORPORATION OF MUNICIPALITY OF CLARINGTON ATTACHMENT"C" INVESTMENTS OUTSTANDING As at March 31, 2011 INVESTED 11 ISSUER OF COST OF INTEREST MATURITY MATURITY WITH i INVESTMENT INVESTMENT RATE DATE AMOUNT I IGENERALFUND TOTAL GENERAL FUND I ! I CAPITAL FUND I TOTAL CAPITAL FUND I RESERVE FUND i RBC STEP UP GIC-RBC 945,000.00 2.00% 10-Se -11 963,900.00 RBC I GIC-BIVIO 2,221,742.00 4.30% 18-Sep-1 1 2,742,301.29 RBC STEP UP GIC-RBC 618,000.00 2.00% 25-Sep-1 1 630,360.00 (A) RBC STRIP BOND-PROV PQ 1 776,152.23 4.35% 01-Dec-11 986,467.00 RBC STRIP BOND-PROV ONTARIO 999,999.54 4.20% 02-Dec-11 1,244,090.00 !RBC GIC-BMO 1,708,762.00 1.70% 07-Dec-11 1,737,810.95 RBC GIC-RBC 2,000,000.00 1.65% 20-Dec-11 2,033,000.00 9,269,655.771 RBC GIC-RBC 2,000,000.00 4.05% 16-Mar-12 2,439,161.00 RBC GIC-BNS 5,100,000.00 2.00% , 01-Oct-12 5,306,040.00 RBC BA-TD 1471,061.00 4.80% 30-Oct-12 1,859,675.00 RBC STRIP BOND-PROV ONTARIO 699 779.86 2.50% 02-Dec-12 759 557.00 9,270,840.86 j RBC BA-TD 1,503,357.00 4.80% 08-Jan-13 1,900,502.92 RBC GIC-BNS 1,546,695.00 4.50% 12-Feb-13 1,927,463.38 RBC GIC-BNS 599 161.00 4.35% 04-Mar-13 741,320.00 TD GIC-TD 1,009,028.00 4.450/6 25-Mar-13 1,254,427.00 TD GIC-TD 257 495.00 4.51% 13-May-13 321,039.00 RBC GIC-BNS j 1,371,861.00 3.00% 13-Jun-13 1,499,070.00 RBC GIC-BNS 2,060,630.00 3.10% 30-Ju1-13 2,328,277.00 RBC GIC-RBC 946,770.00 4.40% 30-Sep-1 3 1,174,213.00 RBC GIC-RBC 574,200.00 4.30% 15-Oct-13 598,890.60 (B) RBC GIC-BNS 1,338,742.00 4.15% 16-Dec-13 1,640,564.30 RBC GIC-BMO 2,476 430.00 2.10% 20-Dec-12 2,581,532.17 13,684,369.00 j RBC GIC-BMO 1,000,000.00 2.75% 09-Mar-14 1,084,790.00 RBC STRIP BOND-PROV ONTARIO 999,807.77 3.35% 02-Dec-14 1,191,382.00 RBC GIC-BMO 1,000,000.00 2.60% 08-Dec-14 1,108,857.05 (C) 2,999,807.77 RBC I GIC-RBC 1 1,081,162.001 3.00% 09-Mar-15 1 1,216,857.00 j 1,081,162.00 1 ;TOTAL INVESTMENTS 36,305,835.40 41,271,547.66 Note that interest on GICs is annual compunding with the exception of the following. (A) Interest is paid semi-annually (B) Interest is paid annually (C) Interest is semi-annual compounding 15-12 cn .�i ATTACHMENT"D" w CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTE: 2011 changed to accrual basis for interest. Total budget is$6,785,135.16-431,557.89+369,903.70=$6,723,480.98 NOTE: 2012, 2014 and 2018 each require renewal of debentures for a further 5 year period unless funding is available from other sources. Partial funding at those times would reduce debenture burden for following 5 year period. Debenture Repayment Schedule As of January 1, 2011 Year South Courtice MAC/Library Indoor Soccer/ RRC Newcastle Newcastle Total Arena Lacrosse Museum Space Library Aquatic 2011 1,202,053.00 3,262,387.50 334,636.00 107,074.68 103,264.98 1,775,719.00 6,785,135.16 2012 6,306,432.00 - 334,977.00 107,074.68 103,304.98 1,778,322.50 8,630,111.16 2013 335,427.00 107,074.68 104,042.98 1,781,367.25 2,327,911.91 2014 1,761,015.00 107,074.68 103,480.98 1,783,101.25 3,754,671.91 2015 107,074.68 103,677.48 1,784,674.00 1,995,426.16 2016 107,074.68 103,575.48 1,785,231.50 1,995,881.66 2017 107,074.68 104,194.48 1,785,285.25 1,996,554.41 2018 107,074.68 556,507.98 1,784,635.50 2,448,218.16 2019 107,074.68 1,784,054.75 1,891,129.43 2020 107,074.68 1,629,375.00 1,736,449.68 2021+ 53,537.34 2,094,750.00 2,148,287.34 7,508,485.00 3,262,387.50 2,766,055.00 1,124,284.14 1,282,049.34 19,766,516.00 35,709,776.98 Principal at Jan 1/2011 6,794,000.00 3,085,000.00 2,331,000.00 861,377.59 975,000.00 15,458,000.00 29,504,377.59 Principal at Jan1/2012 5,972,000.00 - 2,122,000.00 797,599.39 919,000.00 15,409,000.00 25,219,599.39 NOTE: 2011 changed to accrual basis for interest. Total budget is$6,785,135.16-431,557.89+369,903.70=$6,723,480.98 NOTE: 2012, 2014 and 2018 each require renewal of debentures for a further 5 year period unless funding is available from other sources. Partial funding at those times would reduce debenture burden for following 5 year period. MUNICIPALITY OF CLARINGTON ATTACHMENT"E" MUNICIPAL DEVELOPMENT CHARGES JANUARY TO MARCH -YEAR TO DATE 2011 2010 MUNICIPAL MUNICIPAL % CHANGE OF DEVELOPMENT NUMBER DEVELOPMENT CHARGES NUMBER DEV. CHARGES UNIT TYPE CHARGES PAID OF UNITS PAID OF UNITS 2011-2011 Single/Semi/Link $ 1,036,790.00 72 $ 1,323,360.00 96 Townhouse $ 168,392.00 14 Apartment $ 37,744.00 4 Commercial $ 18,747.35 1 $ 75,428.45 2 Industrial Agricultural Government Institutional Totall $ 1,055,537.35 73 $ 1,604,924.45 116 -34.23% 15-14 Clarftwn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MAY 9, 2011 Resolution#: By-law#: Report#: FND-011-11 File#: Subject: ANNUAL COMMODITY HEDGING REPORT - 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-011-11 be received for information. Submitted by: Reviewed by: Nancy Ta or, B , C.A Franklin Wu, Director o Finance/ Chief Administrative Officer Treasurer NT/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 15-15 REPORT NO.: FND-011-11 PAGE 2 BACKGROUND AND COMMENT: 1.0 Under Ontario Regulation 653/05, the Treasurer is required to report annually to Council the status of existing commodity hedging agreements, including a comparison of the expected results to actual of using the agreements, and confirmation that they comply with the Municipality's policies and goals. 1.1 As required by the Municipal Act, 2001, Council adopted a Commodity Price Hedging Agreements Statement of Policies and Goals in report COD-054-08, on Monday, October, 6, 2008. 1.2 Over the last two years, considerable time has been spent to monitor the energy requirements and consumption patterns throughout the Municipality's operating departments. This information together with the procurement strategy aimed at reducing risk and stabilizing cost continues to focus on the need for a stable natural gas supply contract. On October 22, 2009 the Municipality signed an independent consulting agreement with Blackstone Energy Service Inc. for a term of three years. This agreement covers many services related to the Municipalities supply of Natural Gas including the supply of information relevant to decision making; arranging contracts for the continuous supply; analysis and reconciliation of usage. 1.3 Blackstone Energy Services Inc. working on the Municipality's behalf was authorized to enter into fixed priced natural gas agreements as per the procurement strategies and indicative prices agreed to. The new contract meets the procurement goal of both reducing the risk and stabilizing the cost, as we have a fixed source of supply for 50% of the estimated requirement for each of the next three years at a fixed price with the balance to be supplied on index. The market will be monitored with the intention of locking the balance of the Municipality's requirements in for a fixed price when fundamentals justify that action. The contract price of the supply of natural gas is reviewed and the fixed source is set once a year for the period of November 1, 2009 to October 31, 2010. The figures discussed in the next section reflect the impact of the initial price hedging efforts. 1.4 The 2010 budget used a price of $0.300 m3 for natural gas when calculating the $557,475 total value. This price was based on the actual rates charged in 2009 factored by Blackstone's projection. During the contract term — November 2009 to October 2010 - the weighted average price of natural gas we paid was between $0.1995 and $0.2497 per m3. The year to date (to October 2010) weighted portfolio average was $0.2192 per m3. This resulted in a significant budget savings for the contract period. The System Gas rate for the same term 15-16 REPORT NO.: FND-011-11 PAGE 3 started at $0.12954, increase to $0.211171 and then dropped to $0.122495 per m3. The fixed price contract resulted in a somewhat higher cost than may have been realized if the supply had been purchased on index however the Municipality would have had the risk of price volatility and lack of supply availability without the contract. 1.5 On December 9, 2009 the Municipality signed an Energy Management agreement with Blackstone Energy Services Inc. to cover Hydro related matters. During the three year term of this agreement, Blackstone shall provide the Municipality with supply and service proposals from Suppliers, market analysis and hedging initiatives for the Municipality, along with other data management tools. Currently there is no call for hedging on electricity. CONCLUSION: 2.0 At this time, the Municipality of Clarington has one commodity hedging agreement that is consistent with the municipality's statement of policies and goals relating to the use of financial agreements to address commodity pricing and costs. 2.1 It is recommended that this annual commodity hedging report be received for information in compliance with Ontario Regulation 653/05. 15-17 Clarftwn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MAY 9, 2011 Resolution#: By-law#: Report#: FND-012-11 File#: Subject: ANNUAL LEASING REPORT - 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-012-11 be received for information. i �� ; / Reviewed b Submitted by. - y: Nancy lay r, BB , C.A Franklin Wu, Director of Finance/ Chief Administrative Officer Treasurer NT/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 15-18 REPORT NO.: FND-12-11 PAGE 2 1.0 BACKGROUND: 1.1 Under Ontario Regulation 653/05, the Treasurer is required to report annually to Council details of existing material leases confirming that they comply with the lease policy, a summary of material leases, estimated cost of the material leases and the impact of these leases on the financing arrangements and debt servicing levels of the Municipality. 1.2 As required by the Municipal Act, 2001, Council adopted a Statement of Lease Financing Policies and Goals in report FND-021-03, on Monday, September 8, 2003. To-date, Clarington has typically chosen to purchase or debenture (if necessary), rather than to use financial leases with the exception of small office equipment. All existing leases are immaterial according to Council policy and therefore have no impact on long term financing or debt service levels of the Municipality. The total of all of Clarington's minor leases do not exceed the threshold for a single lease to be material. 2.0 CONCLUSION: 2.1 At this time, the Municipality of Clarington does not have any material leases. It is recommended that this annual lease report be received for information in compliance with Ontario Regulation 653/05. 15-19 HAN DOUTS/C I RCULATI ONS GPA • **REVISED** Clarin on Leading the Way 9t GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: May 9, 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 April 18, 2011 4-1 5. PRESENTATIONS (a) Jeff Dick, Fire Protection Specialist — Issues Management, Ontario Fire Marshal's Office and Peter Guiry, Fire Protection Advisory, Ontario Fire Marshal's Office, Regarding Report ESD-006-11, Minimum Staffing Report— Response to Questions (Introduction by Gord Weir, Director of Emergency Services) (b) Bill Reid, Clarington Fire Prevention Inspector, Regarding Report ESD-006-11, Minimum Staffing Report— Response to Questions 6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6-1 List) (a) Christine Fahey, Director of the Port Hope Area Initiative Management Office (PHAIMO), Regarding a PHAIMO Port Granby Update (b) Theresa Vanhaverbeke, Regarding Report PSD-042-11, Potential Addition to Municipal Register of Properties of Cultural Heritage Value or Interest; 37 North Street and 51 North Street (c) Dan Worrall, President, Clarington Fire Fighters Association, Local 3139, Regarding Report ESD-0006-11, Minimum Staffing Report— Response to Questions CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - May 9, 2011 (d) Sheryl Zuly, Requesting to Use an Unopened Road Allowance as a Garden 7. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law to Facilitate a Severance 7-1 Applicant: Zlatko and Starleane Jazic Report: PSD-038-11 (b) Application to Amend the Clarington Official Plan and Zoning By-law 84-63 7-3 Applicant: Newcastle (King) Developments Inc. Report: PSD-039-11 8. PLANNING SERVICES DEPARTMENT (a) PSD-038-11 Rezoning Application to Facilitate the Severance of Two 8-1 Residential Lots Applicant: Zlatko and Starleane Jazic (b) PSD-039-11 Proposed Official Plan and Zoning By-law Amendment to 8-8 Permit the Development of a One-Storey, 2,503m2 (26,942 ft') Grocery Store Applicant: Newcastle (King) Developments Inc. (c) PSD-040-11 Request for Extension of Draft Approval 8-36 Applicant: Prestonvale Heights Limited (d) PSD-041-11 Courtice Community Improvement— 8-41 2011 Capital Funds (e) PSD-042-11 Potential Addition to Municipal Register of Properties of 8-49 Cultural Heritage Value or Interest; 37 North Street and 51 North Street (f) PSD-043-11 Soper Creek Valley Land Acquisition 8-58 1220 Haines Road, Parts 1 — 5, Plan 40R-21674 (g) PSD-044-11 Wabbokish Court Land Acquisition 8-70 Block 43 and Block 44, Plan 40M-1742 (h) PSD-045-11 Monitoring of the Decisions of the Committee of 8-81 Adjustment for the Meeting of April 14, 2011 (i) PSD-046-11 Port Granby Project — Licensing Hearing Before the 8-90 Canadian Nuclear Safety Commission G.P. &A. Agenda - 3 - May 9, 2011 Q) PSD-047-11 Application for Removal of Holding - 1428 and 1430 8-100 Durham Highway 2, and 8 Varcoe Road, Courtice Applicant: McNaughton Hermsen Britton Clarkson Planning Limited 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-019-11 Clarington Leash Free Park 9-1 (b) EGD-020-11 Monthly Report on Building Permit Activity for April, 2011 9-11 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-005-11 Monthly Response Report— January, February, 11-1 March 2011 (b) ESD-006-11 Minimum Staffing Report— Response to Questions 11-6 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-007-11 Newcastle & District Recreation Complex — Concession 12-1 Operation (b) CSD-008-11 Community Grant Requests - Supplementary 12-4 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-011-11 Animal Services Quarterly Report — January — 13-1 March, 2011 (b) CLD-012-11 Property Standards Investigations- Richard Ward 13-9 14. CORPORATE SERVICES DEPARTMENT (a) COD-013-11 CL2011-12 High Float Resurfacing 14-1 (b) COD-014-11 CL2011-13 Supply and Haulage of Granular Material 14-7 (c) COD-016-11 Purchase of Pre-Built Pumper 14-15 (d) COD-017-11 Q2011-9 High Pressure Air Compressor for Emergency 14-23 and Fire Services j G.P. & A. Agenda - 4 - May 9, 2011 15. FINANCE DEPARTMENT (a) FND-009-11 Annual Statement for the Development Charges Reserve 15-1 Fund for the Year Ended December 31, 2010 (b) FND-010-11 Financial Update as at March 31, 2011 15-6 (c) FND-011-11 Annual Commodity Hedging Report — 2010 15-15 (d) FND-012-11 Annual Leasing Report — 2010 15-18 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS 19. OTHER BUSINESS 20. COMMUNICATIONS (a) Correspondence from Kevin and Darlene Hawes in objection to the Application to Amend the Official Plan and Zoning By-law to permit a grocery store in the Newcastle Village Centre, the subject of the Public Meeting-Report PSD-039-11. (b) Correspondence from Newcastle Business Improvement Association in support of the Application to Amend the Official Plan and Zoning By-law to permit a grocery store in the Newcastle Village Centre, the subject of the Public Meeting-Report PSD-039-11. 21. CONFIDENTIAL REPORTS 22. ADJOURNMENT Operational Planning; An Official Guide To Matching Resource Deployment and Risk PFSG 04-08-10 Fire Protecfion Services Office of the Fire \larsU Agenda / Fire Protection and Prevention Act, 1997 Responsibilities Municipal Fire Marshal I� Public Fire Safety Guidelines Operational Planning. An Official Guide to Matching Resource Deployment and Risk TFSG 04-08-10) 2 Municipal Responsibilties — Part II FPPA Clause 2.(1)(a) —Every municipality shall establish a program in the municipality which must include public education with respect to fire safety and certain components of fire Prevention. ► Minimum Acceptable Model Simplified Risk Assessment; Smoke alarm program,including home escape planning; Distribution of public education information and delivery of public education programs;and Fire prevention inspections upon complaint or request. Clause 2.(1)(b) — Every municipality shall provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances All three lines of defence: Public Education and Fire Prevention; Fire Safety Standards and Code Enforcement; and Emergency Response (Fire Suppression), 3 OFM Responsib 11 ties/Powers/Duties Powers of the Fire Marshal 9.(1) The Fire Marshal has the power, (a) to monitor, review and advise municipalities respecting the provision of fire protection services and to make recommendations to municipal councils for improving the efficiency and effectiveness of those services; (d) to issue guidelines to municipalities respecting fire protection services and related matters. t Duties of the Fire Marshal 9.(2) It is the duty of the Fire Marshal (b) to advise municipalities in the interpretation and enforcement of this Act and the regulations; (d) to develop training programs and evaluation systems for persons involved in the provision of fire protection services and to provide programs to improve practices relating to fire protection services. 4 PFSG 04 - Purpose Municipalities are responsible for the funding and delivery of fire protection services in accordance with Section 2 of the FPPA To meet the intent of Section 2 of the FPPA, municipalities are expected to implement a risk management program. ► PFSG 04-08-10 is to be used as part of the risk management program. The guideline is to encourage municipalities and fire departments to use the Guide so that they can make informed decisions regarding the delivery of fire suppression services. Options to address identified gaps in fire suppression capabilities include the first two lines of defence (public education/prevention and fire safety standards and code enforcement) Does not propose any regulation/mandatory requirements on municipalities. ► There are no imposed financial implications for municipalities. b Consistent and builds upon industry best practices and developments. Consistent with municipal legislative responsibilities and due diligence. 5 SG 04-08-10 - Continued Critical Task Matrix is based on the IMS system (Requirement under Section 21 Notes) Utilizes the Fire Risk sub model as the base for the entire guide. (SRA, MPAC, municipal data, etc) R Part of an overall update to OFM A ri management programs. Used in part to monitor and review the provision of fire protection services province wide. 6 Mai' n Components 1► Utilizes the Fire Risk Sub model as the basis for assessing community risk Worksheet to gather specific information on actual fire calls (response documentation) Utilizes a Critical Task Matrix (CTM) based on 28 critical tasks performed during fireground operations. (IMS in Ontario) Set of questions to analyze each call. The CTM is used as a part of the analysis and identifies for each of the critical tasks the appropriate number (range) of staff members for the different levels of risk. Options are provided as a base to develop recommendations to provide to Council to address any identified gaps ► Provides a report template for the fire chief to present results to council. Report to council includes an assessment of municipal compliance with FPPA requirements, fire suppression capability and recommendations for Council consideration. 7 Operational Planning: An Official Guide to Matching Resource Deployment and Risk Step #1 — Assessing Fire Risks within the Community. ` Step #2 — Collecting Call Data. k Step #3 — Using the CTM to identify gaps in Fire Suppression Capabilities. i Step #4 — Developing Options and Recommendations for Identified Gaps in Fire Suppression Capabilities. Step # 5 — Preparing a Report to Council. 8 Step 1 — Assessing Fire Risks within the Community 1 Complete the Fire Risk Sub Model — Risk levels based on Probability and Consequence analysis. (Comprehensive Fire Safety Effectiveness Model) Risk Sub-Model - Community Fire Risk Factors. Property Stock Building Height and Area Building Age and Construction Building Exposures Demographic Profile Geography/Topography/Road Infrastructure Past Fire boss Statistics Fuel Load s Step 1 — Assessing Community Fire Risks Factors - continued Four Risk levels are. LOW Moderate High Extreme f Categorize occupancies either individually or grouped together. 10 Step 2- Collecting Call Data 0 Collect and summarize detailed staffing data from actual responses to reported structure fires. 0- Gather sufficient data to analyze staffing trends, response times and the availability of appropriate apparatus and equipment. (1 call may be sufficient) Step 3- Using the Critical Task Matrix to Identify Gaps in Fire Suppression Capabilities The Critical Task Matrix is based on the Incident Management System (IMS). It will assist in identifying fireground staffing capabilities based upon low, moderate, high and extreme risk levels within your community. The Critical Task Matrix includes a Lower Effective Response Level (LERL) and an Upper Effective Response Level (UERL). Together, the LERL and UERL form the critical staffing range. I� Determine whether current fireground staffing capabilities correspond to the staffing ranges in the Critical Task Matrix for identified risk levels (low, moderate, high and extreme). 12 Step 3 rus the Critical Task Matrix to Identif Y Gaps in Fire Suppression Capabilties - continued ► Utilizing actual response data analyze each response based on 11 questions (Actual call data form and CTM). 11 Factors Analyzed: Number of firefighters falling within the CTM; Use of Mutual Aid; Use of Fire Protection Agreements; Meeting E&R By-law; Response time; Apparatus; Equipment; Adherence to OHS and Section 21 Guidance Notes; Non-compliance with OFC and OBC; Non compliance with OFC/OBC affecting the risk assigned; and Other factors. �► For occupancies with no fire calls/no response calls or limited data the factors can still be applied to determine if there are any potential emergency response issues or areas of concern (Planning) 13 Step 4 — Developing Options and Recommendations for Identified Gaps in Fire Suppression Capabilities Options Evaluate public education and prevention (Line 1 of the a lines of defence) —Manage and potentially reduce the Risk level Evaluate fire safety standards and code enforcement - Manage and potentially reduce the risk level (Non compliant care facility—extreme risk—brought into compliance— high risk) Automatic Aid (Specific Occupancy —Hospital, school, LTC facility) Fire Protection Agreements (Specialized equipment— aerial/tarilker) Change Dispatch Protocols (Multi station response) Optimize staffing (Platoon, Call back) Optimize apparatus and equipment (Reconfigure fleet) Optimize station locations (Consolidate stations) Optimize organizational effectiveness. (Amalgamate fire departments) 14 Step 5 — Preparing a Report to Council I� Clause 6.(3) of the FPPA states that the fire chief is the person who is ultimately responsible to the council that appointed him or her for the delivery of fire protection services. Report provides a tool for a fire chief to report to Council and advise council of the status of fire protection. 15 Summary Expectation that all options including those related to other 2 lines of defence (fire safety standards & enforcement and public education) will be considered by fire department and Council ► Can be used to flag/address immediate response issues to specific risks/buildings, e.g. residential care ► Provides a tool for municipalities/fire departments to enhance their ability to more transparently articulate their efforts to meet 2(1)(b) of the FPPA P An opportunity for the OFM to more effectively monitor and provide advice and support to fire chiefs/municipal officials in accordance with its mandate under the FPPA 16 Next Steps Develop a Fire Prevention Guidebook Evaluation system that is a companion document to the Operational Planning: An Official Guide to Matching Resource Deployment and Risk Greater Integration of Fire Prevention/Education and Suppression — Application of the 3 lines of Defence Reviewing and Updating all OFM risk management programs: Comprehensive Fire Safety Effectiveness Model SFSC Questions Thank you Emergency Services Department May 9t", 2011 Presentation Operational Planning: An Official Guide to Matching Resource Deployment and Risk Process and Challenges Building Stock Profile — Waiting for MPAC — OFM working with MPAC — Obtain accurate Building Stock Profile — Evaluation of Risk Forms — Compiling information — Accurate Evaluation of the Data • 2010 Structure Fire Responses (46) 30 Detached Dwellings 2 Dwellings with auxiliary apartments 3 Sheds 2 Detached Garage 2 Barn Fires 1 Resta u ra nt 1 Institution 1 High Rise 1 Low Rise 1 School 2 Quarry (Equipment) • Examined 4 structure fire occurrences • Fire Ground Critical Task Matrix Occupancy SIR OBC Key Risk Factor Concerns OFC Fire Risk Scenerios Prob. Cons. Priority Risk Compl Level Level Level Level Location Occupancy Status Narrative Classification 40 Quakenbush 301 Group C • Single Family Dwelling N/A This is a unsecured 3 2 L2 Mod Street, • Combustible Construction Building is under Bowmanville • Exposed wooden construction with no structural members interior finishings and is • No separations(drywall) unoccupied. However is • Exposure to other close to other buildings buildings of similar that are under construction state construction. 5845 Main Street 365 Goup C • Detached Garage N/A 600 sq ft garage 2 3 L2 Mod Orono • Combustible Construction converted into a • Woodworking Shop woodworking shop that is • Combustible wood compartmentized for finished walls and ceilings storage and has interior cladding of combustible materials. No Firefighter access during the fire operations due to fire spread. 9 Jane Street, 301 Group C • Single Family Dwelling AResidential fire which 4 3 L3 High Bowmanville • Basement living space has an auxiliary • Compartmentized apartment that doesn't • Limited egress meet retrofit. Has limited egress and is compartmentized where search and rescue efforts are restricted. There are no separations between exits and dwellings. ACTUAL FIRE CALL DATA (FORM 200) Call # 10-0002 Call Date: Day of week: Level of Risk: Moderate Response Type: (SIR): 01 Property Type Pg.# 1 2010-01-01 Friday (SIR): 301 Address of Incident: 40 Quakenbush Street, Bowmanville, ON Urban: Yes Rural: FD: Clarington Emergency and Fire Services FD Official: Bill Reid Fire Chief Signature: Time Dispatch Notified:01:49:05 Time FD on Scene: 1:56:24 Time Application of Agent 0:00:00 Time Decision to Defer: 1:56:24 Responding #FF on Home External Time Accumulated Apparatus Type Apparatus Time Dispatched Fire Fire Apparatus/Personnel Response Time: #of FF on Comments: Depart. Depart. on Scene Scene Pump 1 4 1:50:39 y n 1:56:24 0:05:45 4 Pump 11 5 1:50:39 y n 1:57:57 0:07:18 7 Pump 4 3 1:50:39 y n 2:05:41 0:15:02 12 Rescue 2 1 1:50:39 y n 2:08:04 0:17:25 13 Car 3 1 2:00:56 y n 2:13:19 0:12:23 14 Deputy Scat 1 2 3:04:33 y n 3:28:26 0:23:53 16 Car 10 1 14:23:04 Y N 14:33:23 0:10:19 17 Assisting Fire Investigation 0:00:00 0:00:00 0:00:00 0:00:00 0:00:00 0:00:00 Total Home #FF On 17 External #FF 0 Notes: 2 story house under construction,fire on main floor. No Scene: Automatic Aid: Services, unoccupied in New Subdivision External #FF External #FF Fire Mutual Aid: Protection Agreement: Incident # 10-0002 Low Risk Moderate Risk High Risk Extreme Risk Address:40 Quakenbush St.Bowmanville,ON. LERL UERL LERL UERL LERL UERL LERL UERL Incident Incident Command 1 1 1 1 1 1 1 1 response Pump Operator 1 1 1 I 1 1 1 1 Attack Line(confine&Extinguish) 2 _ 2 2 _ _ _ 2 Note:Where zero Additional Pump Operator 0 0 0 _ _ 4 4 6 or no munber has Additional Attack Line(confine&Extinguish)&back up 0 0 0 4 4 8 8 13 been assigned,the task may be Search and Rescue 0 0 2 4 _ 6 _ 8 performed at the Initial Rapid Intervention Team(RIT) 0 0 4 6 8 16 12 22 direction of the incident Ventilation 0 2 _ _ 2 4 2 8 conumander. Rater Supply-Pressurized 0 1 1 1 1 1 1 2 Rater Supply-non-pressurized 0 3 1 4 2 6 4 8 Forcible Entry Team 0 0 0 0 0 1 0 1 Utilities 0 1 1 1 1 1 1 1 Laddering(Ground Ladders) 0 2 0 _ 0 4 0 6 Laddering(Aerial) 0 0 0 _ 0 2 0 2 Exposure Protection 0 4 _ 6 _ 6 Incident Safety Officer 0 1 1 1 1 1 Accountability 1 1 1 1 1 1 Entry Control 0 _ 1 4 1 4 Rehabilitation 0 1 1 1 1 1 Salvage 0 2 _ - _ 2 Lighting 0 _ 0 Directing Occupants 0 4 0 4 Scribe 1 1 1 1 Sector Officers 1 4 1 4 Air Management(air refilling station) 1 2 Other or Logistics Officer Additional Administrative and or Finance Officer Response Planning Officer Considerations Evacuations(Large Scale) Communications(Dispatch) Public Infonnation.Officer Overhaul Additional Firefighters Snnml.ary hncident Response Range 4 13 16 43 36 83 49 108 Total Fire Department Including External 16 16 Fire Call hicident Response Range(+,-,within) • LERL-Lower Effective Response Level&.UERL=Upper Effective Response Level,(Together form the critical staffing range) • This tool provides a range of staffing:requirements only.Actual numbers may vary depending on the fire risk that exists in the municipality.Tasks prefornied on fireground based on decisions made by Incident Commander. • Planning moderate,high and extreme risks occupanciesdocations will father validate staffing requirements to ensure the optimum level of protection for the _ municipality. • Simultaneous events will require fiuther consideration due to additional personnel requirements beyond the scope of this matrix. • Incident Command will assume responsibilities for the accountability and entry control tasks when no person has been assigned,or until a person has been assigned the task. Examples o f Response Comparison # ff on Date Time Response Scene Risk Level LERL/UERL 40 Quakenbush Street, Bowmanville Jan 1, Fri 1:50 AM 0:17:25 16 Moderate 16/43 ! House under construction 5845 Main Street, Orono Jan 8, Fri 10:12 AM 0:12:43 20 Moderate 16/43 Detached Garage 9 Jane Street, Bowmanville Feb 10, Wed 4:00 PM 0:14:57 22 High 36/83 Single Family Dwelling 3400 Old Scugog Street, Bowmanville Apr 28, Wed 6:34 PM 0:16:12 33 Moderate 16/43 Single Family Dwelling Identifying Gaps in Fire Suppression Capabilities Form (Form 30013) Actual fire call data (Form 200): No response data or history: ❑ Occupancy/Location: Risk Level: 1. Did/Would the total number of responding firefighters or the current complement of firefighters fall within the Critical Task Matrix range? Explain, relating back to your call data form (Form 200) and Critical Task Matrix (Form 300A). 2. Was/Would mutual aid (be) used to supplement staffing to meet the Critical Task Matrix range? (Note: Mutual aid is not intended to be used for your day-to-day fire suppression requirements.) Explain, relating back to your call data form (Form 200) and Critical Task Matrix (Form 300A). (Examples:Are you authorized to participate in mutual aid? is mutual aid being used routinely to offset shortages in suppression staffing on a regular basis? Does the response time of mutual aid partners positively affect the completion of critical tasks?) 3. Do/Would fire protection or automatic aid agreements (not including mutual aid) provide the necessary resources for the occupancies in the community? Explain, relating back to your call data form (Form 200) and Critical Task Matrix (Form 300A). (Example: Agreement in place does not provide additional firefighters for the evacuation of long- term care occupancies.) Click here to enter text. 4. Are/Would the performance requirements of the Establishing and Regulating Bylaw and council resolutions (be) achieved? Explain, relating back to your call data form (Form 200) and Critical Task Matrix (Form 300A). (Considerations: Does your E&R Bylaw define fire protection services and to what level?Has council set benchmarks for response time? What exactly are you authorized to do? Were your SOG and policies followed?) Click here to enter text. 5. Are/Would there (be) any operational impacts due to response time? Explain, relating back to your call data form (Form 200) and Critical Task Matrix (Form 300A). (Considerations: defensive attack vs. offensive attack, traffic, weather, distance, lack of response protocols.) Options and Recommendations to Close Gaps in Fire Suppression Capabilities Form (Form 400) Occupancy/Location: Click here to enter text. Risk Level: '.'wck here to enter text. Gaps in Options Form 300B Questions Fire Suppression (Costs& Persons Recommendations Capabilities Required) 1. Did/Would the total number Click here ro enter Click here to enter of responding firefighters or the text. text. current complement of firefighters fall within the Critical Task Matrix range? 2. Was/Would mutual aid (be) Click here to enter Click here to enter Click here to enter used to supplement staffing to text. text. text. meet the Critical Task Matrix range?(Note: Mutual aid is not intended to be used for your day-today fire suppression requirements.) 3. Do/Would fire protection or (_lick here to enter Click here to enter Click here to enter automatic aid agreements (not text. text. text. including mutual aid) provide the necessary resources for the occupancies in the community? 4. Are/Would the performance Click here to enter Click here to enter Click here to enter requirements of the Establishing text. text. text. and Regulating Bylaw and council resolutions(be) achieved? 5. Are/Would there(be)any Click here to enter Click here to enter Click here to enter operational impacts due to text. text. text. response time? J 6. Are/Would there(be)any Click here to enter Click here to enter Click here to enter operational impacts due to text. text. text. apparatus factors? 7. Are/Would there(be)any Click here to enter Click here to enter Click here to enter operational impacts due to text. text. text. equipment factors? 8. Are/Would there(be)any Click here to enter Click here to enter Click here to enter operational impacts due to text. text. text. adherence of the OHSA and Section 21 guidance notes? Where are we now ? • One person dedicated to the report • OFM Fire Risk Sub- Model and data forms • Gap analysis and recommendations to follow Presentation to council • Timing (4-6 months) i i �- k ui 1 . . �� _, �� - H ,II ,I Port Granby Project Annual Update to Municipality of Clarington Council Christine Fahey Project Director PHAI Management Office UNRESTRICTED Canad(-! 1 or SCOPE OF PRESENTATION 0 Port Granby Project Overview Recent Accomplishments a Upcoming Transition Phase Activities 0 Phase 2 Implementation Plan Questions UNRESTRICTED 2 � a(i PORT G RAN BY PROJECT OVERVIEW [2001-2008 HASE 1 HASE 1A PHASE 2 PHASE 3 - 2008-2011 2011-2020 2020-fly i 0 Remediate low-level radioactive waste site and place it in safe long-term, monitored storage 0 Legal Agreement, 2001, Port Hope Area Initiative 0 Staged Implementation 1. Planning & Environmental Assessment -`- � 1A Detailed Design, Licensing 2. Construction and Remediation 3. Long-term Monitoring & Maintenance 0 Federal Project Delivery Team: PHAI Management Office UNRESTRICTED 3 _.ana a a ■ • ■ ■ 1 ■ e Mw I ■ �xoposed _ Proposed Waste Management—�'" Waste Haulage yT _ - Ab�ieground F ili2y,Construction Area Route Underpass, 1T:Mount) Design Concept t[ott Road w _ BE Proposed Constructio T Internal Waste Material Access Route -. Haulage Road ;, __, Existing Port Granby `�� ' Lakeshore Waste Management Facility � PORT GRANBY PROJECT P"ASE P"� � '� ' 2001-2008 2008-2011 ff201 1-', RECENT ACCOMPLISHMENTS Pilot-scale Water Treatment Study, 2010 a Assessed technologies and optimize processing parameters for the removal of contaminants from water a Two Stage Treatment System: a Microbiological Reactor: Ammonia / Nitrates a Reverse Osmosis: Metals / Radiological Elements g� 4I Rq w a Very High levels of Contaminant Removal (>90%) t c Microbiological Reverse Osmosis Reactor Membranes UNRESTRICTED 5 i l \_.1.� i PORT G RAN BY PROJECT PHASE 1 r PHASE 1A HASE 2 ,! ► PHASE 3 2 001.2 008 2°Q8_2° 2°��_2°2° 2020-on MONITORING a Air • Dust • Noise = a • Water • Groundwater f .: i • Surface Water • Terrestrial • Surface Contamination • Species at Risk UNRESTRICTED �+ t-an A 6 PORT G RAN BY PROJECT VASE PHASE 1A HASE 2 PHASE 3 ENVIRONMENTAL MITIGATION 2oa$ 2o„ 20112020 aozaon • Tree Planting fie aot Newton lie z a Transportation Route from 401 4—To Newcastle io Port Hope a Surrounding LTWMF Concession) a 'o SITE 6 cE Q .Q IL • Traffic Studies & Road Assessments o -� W z 3 • Contractual Work Restrictions z I R� ,EXISTING � Port Granby • Communication & Outreach Programs ,j f 1. UNRESTRICTED --., naaa PORT GRANBY PROJECT L2001-2008 ASE 1 PHASE 1A PHASE 2 PHASE 3 UPCOMINGACTIVITIES 2008-2011 2011_2020 2020_on Qi Complete Transition Phase Objectives - _ 0 Engineering Drawings / Specifications Pon G—by Project 0 Hearing for Project Licence 0 Phase 2 Funding Proposal pw a Ongoing Communications & Outreach 4 Public Attitude Survey, May 5-27 0 Newcastle Chamber of Commerce Home and Trade Show, June 2, 2011 0 Seminar — doing business with the federal government - June 23, 2011 ' 0 www.phai.ca for up to date information 8 Canadci UNRESTRICTED . w - PORT GRANBY PROJECT 20 ASE' P"ASE3 2001-2008 2020-on PHASE 2 PLAN !� f Major Implementation Steps a Federal acquisition of Cameco lands (275 ha) ii p Al Enabling infrastructure \\ a Municipal road rehabilitation 0 Elliott Road, including CN / CP crossing t - upgrades (orange) - _ a Water Treatment Plant construction (blue) ! a LTWMF Construction, including tunnel r underpass, and PGWMF Remediation (green) Plan View of the Work Area UNRESTRICTED 9 Canaaa PORT GRANBY PROJECT QUESTIONS UNRESTRICTED 10 Canad l Monday, May 9 , 2011 Publl* c Meeti* ng on 0 Planni* ng App lications Clarington Planning Services Department Application by ZIatko & Starleane Jazic Application for Proposed Zoning By-law Amendment to facilitate the severance of two residential lots Clarington Planning Services Department Property LocaSOn Map[COUrtice] N Sugj eci Sile e y PROPOSEQ•SEVERArICE � PROPOSEQSEVERANCE ZBA 2811-8084 Zanin9 By-law Amendment iJwner Zlmko Jazic GEORGE REY NO�OS OR Subject Lands N Planning Clarington Site Characteristics 1p1 [ y i 0.G4., Y4h AL �l �. Clarington Planning Services Department Review of Application ■ The subject application appears to conform to: Provincial Policy Statement Growth Plan Durham Regional Official Plan Clarington Official Plan Clarington Planning Services Department Comments • No concerns or objections identified . • Subject to review by departments and agencies. Clarington Planning Services Department MUNICIPALLY Su6jeCf Site OPEN SPACE • • • • - Q • � PROPOSED SEVERANCE � Limits Of Valleyland J � To Be Determined � PROPOSEOSEVERANCE � MUNICIPALLY OWNED OPEN SPACE GEORGE REYNOLDS PARKETTE Subject Lands GEORGE REYNOLDS DRIVE Clarington Planning Services Department Publl* c Meeti* ng on 0 Planni* ng App lications Monday, May 9, 2 011 Clarington Planning Services Department Application by Newcastle (King) Developments Inc . Proposed Official Plan and Zoning By-law Amendment To Permit the Development of aOne-storey, 2,503 m2 (26,942ft2) Grocery Store Clarington Planning Services Department N G. r�Y VIII LM -o TRREpT 45 . O w - 3T � -� Ai w Lij .T U) _. O C a M co KING AVENUE WEST 17� Location Characteristics View of site from King Avenue W. View of 45 and 37 North Street facing north facing east Clarington Planning Services Department Secondary Designation Plan `11 w- Urban Residential ° 4, Y, f f ' i xYt E Mixed Use Area G NEWCASTLE ` 13 COMMUNITY , Heritage Street-Related �� = HALL Designated Commercial RENEW— Building r Heritage K Merit Clarington Planning Services Department Buildings Requested Official Plan Amendment From Urban Residential ._ to Street-Related Commercial re � k• JI .t a, Clarington Planning Services Department Requested Z onin g Y B -law Amendment From = - Environmental Protection to +1 y General Commercial From ` " �• _ r - 4 Urban Residential '- to La General Commercial A � To remain �, G General Commercial am r Clarington Planning Services Department � I � 1 a i 11 1 I � E%ISTING L£GENd BUILDING � a ESfISRNG rwccc BU[LV1NG ' E%ISTING I � � �ee aeeaemeea BUILDING � I Awo aecervw�nu Proposed Development KING AVENVE � evwe aree awvirvo Planning Clarington Department Proposed Elevations SIG ■ . ■ . SIG 1i i ■ * i 'w ■ . ■ V i V S �Mrh6� �Mmhb.. orb. .ambh. .fi®h. N y . 111I MEN son son son f. z South Elevation - View of building from King Avenue SIG N V - North Elevation - View of building from rear parking lot ■o `._. i■ � ii SIGN SIG war 1�1 milli I I 1"MO i I East Elevation - View of building from CIBC _ SIGN West Elevation - View of building from North Street Clarington Planning Services Department Community Comments • April WhOpen House (hosted by applicant) • Letters/emails from residents and organizations • All documents posted to the Municipality's website Clarington Planning Services Department Community Comments • Add street life (entrance) along King Avenue • Grading of the site and storm drainage • Traffic, noise, and lighting • Privacy • Safety • Impact on adjacent heritage properties • Building design to fit the character of Newcastle • Newcastle BIA supports this development Clarington Planning Services Department Agency Comments • Engineering Services Traffic, storm water management and on-site movement • Clarington Accessibility Advisory Committee Store entrance on King Avenue West • Building Services Department Parking area design and layout • The Clarington Heritage Committee Architectural design, store entrance on King Avenue West Clarington Planning Services Department Agency Comments ® Planning Services Department Building design Location of pedestrian entrance Impact of truck traffic and parking Heritage value of existing buildings (PSD-042- 1 1 ) Clarington Planning Services Department Next Steps • Address all Public Meeting comments • Open House on May 18 (hosted by the applicant) • Prepare a Recommendation Report for Council • If approval given to OPA/ZBA - Proceed to Site Plan approval Clarington Planning Services Department Proposed Development rIN .............. LEMSTING BUILDING sIGN ■: . : i; �. SIGN 1■1 iii iii iii i1i iii 1■1 Clarington Planning Services Department NEWCASTLE GROCERY STORE PROPOSAL 37 and 45 North Street, Newcastle C RAFT DEVELOPMENT CORPORATION Newcastle Grocery Store May 2011 I I I t I I 0 PROPOSAL I' I 3 — I I W° 7Q 2= QW J f ?a Y Z N rn o_ o� ND �N J� 0 I NQ 2a f RETAIL A 0 w V°z D Um r✓ISIIf LEGEND O Q f,!II IJI IVG C DUSTING I I' .,,e�s Q> BUILDING E%[STING BUILDING KING AVENUE � r.r n✓rt nnv vrr 6 Strong building mass along King Avenue with parking in the rear Generous pedestrian connection Screening of the loading area Landscape buffer along the northerly boundary C RAFT Newcastle Grocery Store DEVELOPMENT CORPORATION May 2011 U . 4 . 0 i' - SIGH �, ,� .� .: SIG] , - - i }: • Strong building mass along King Avenue with parking in the rear • Generous pedestrian connection • Screening of the loading area • Landscape buffer along the northerly boundary C RAFT Newcastle Grocery Store DEVELOPMENT CORPORATION May 2011 PROPOSAL • Strong building mass along King Avenue with parking in the rear • Generous pedestrian connection • Screening of the loading area • Landscape buffer along the northerly boundary RAFT Newcastle Grocery Store DEVELOPMENT CORPORATION fiMylWay 2011 PROPOSAL ,k ., Ak Strong building mass along King Avenue with parking in the rear Generous pedestrian connection Screening of the loading area ID Landscape buffer along the northerly boundary 7 F 7 Newcastle Grocery Store 7- C©RIP®RATH 3N May 2011 �w Crag Avencj , PROPOSAL • Strong holding mass along King Avenue with parking in the rear • Generous pedestrian connection • Screening of the loading area • Landscape buffer along the northerly boundary C RAFT DEVELOPMENT CORPORATION Newcastle Grocery Store May 2011 BUILDING DESIGN rm E: RAFT Newcastle Grocery Store DEVELOPMENT ELOPMENT CORPORATION May 2011 1 r . rm E: RAFT Newcastle Grocery Store DEVELOPMENT ELOPMENT CORPORATION May 2011 BUILDING DESIGN ------- 1- -- - - ------------------------- 0 RAFT Newcastle Grocery Store DEVELOPMENT ELOPMENT CORPORATION May 2011 E1 02tl O ?C. PARAPET 6.A5 (�► —�r'm Plx• B")ULU HO DESIGN —K-UAL FL4H+V zlnc '.0 .?AFL f SIGN 7 SIG I 0L61R 1,hdOD17@ sr RIL uW NI G:AZI\:. AL,14fi\FIJI+I •i AZIhG �RaVES South Elevation Scale. 1:100 r—METAL I L4;11 Nli H'.iF-INTAL .11 r, 71,11C, C RAFT Newcastle Grocery Store DEVELOPMENT CORPORATION May 2011 9.OD m O.qa m 9.00 m 0.00 m BUILDING DESIGN SOUTH ELEVATION - KING AVENUE 44.05 m NORTH ELEVATION 8.75 m 0.35 rn m • All brick design for all elevations Animated fagade along King Avenue C RAF Newcastle Grocery Store DEVELOPMENT CORPORATION May 2011 BUILDING DESIGN EAST ELEVATION 8.15 m 9,00 m J- �- 8.70 m 0 - 1.00 m .85 m 0.00 m 52.06 m WEST ELEVATION °OOm All brick design for all elevations • Building Entrance has be repositioned to the main pedestrian entrance to be accessed by street traffic and parking area M C RAFT Newcastle Grocery Store DEVELOPMENT CORPORATION May 2011 0 The proposal is consistent with Provincial Policy and imp ements the i e&nal and Local Official P an development strategies© Grocery store to attract other uses and investments in the downtown. • Spin off's for the construction industry • Loblaws is the largest food retailer in Canada and mill be a long terry tenant in this community for years to come. C RAFT Newcastle Grocery Store DEVELOPMENT CORPORATION May 2011 REQUIRED APPLICATIONS ® Official Plan Amendment Application 0 &te Ran Control Appkatbn Newcastle Grocery Store DEVE:LC3F=MZNT CORPORA=N May 2011 2UHOi :v6 DOCUMENTS Reqion of Durham Official Plan 8A.2.2 a) Regional Centres shall be planned and developed in accordance with Policy 8A. 1 .2 as the main concentrations of urban activities within area municipalities, providing a fully integrated array of community, office, service and shopping, recreational and residential uses. Clarington Official Plan 10.4. 1 Town and Village Centres shall be developed as the main concentrations of urban activity in each community with the Town Centres providing a fully integrated array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. Town and Village Centres will function as the focal point of culture, art, entertainment and civic gathering, be places of symbolic and physical interest for residents, and foster a sense of local identity. Newcastle Village Centre Secondary Plan 5.2 - Permitted uses are: Retail, personal service and office uses. . C RAFT Newcastle Grocery Stor DEVELOPMENT CORPORATION May 2011 OFFICIAL [PLAN AMENDMENT Area to be included in the Village Centre Boundary and designated "Street-Related Commercial Area"on Map A of the Newcastle Village Centre Secondary Plan GEORGE W, �; GEORGE ST. E r � � -,b-or CARGLIMF ST. W. VILLAGE CENTRE V BOUNDARY VEDIUM DENSITY RESIDENTIAL STREET-RELATED COMMERCIAL AREA is so n:❑m GENERAL &C m COMMERCIAL AREA. MIXED USE AREA COMMUNIT'y FACILITr hpF�: NEIGHBOURHOOD PARR HERITAGE BUILDINGS l �-M I f: BLOOM AVE MAP A LAND USE NEWCASTLE VILLAGE VILLACE CE+1TRE SECONDARY PLAN .-nucer i,2na C RAFT Newcastle Grocery Store DEVELOPMENT CORPORATION May 2011 ZONING BY-LAW AMENDMENT Gee-zone portions of the site in accordance with the approved Official Plan and Secondary P an, as well as expand the commercial zone as per the proposed OPA. Q Newcastle Grocery Store May 2011 °- ®ENEL®PNENT CORPOP ATION SUPPORTING DOCUMENTATION In addition to the applications, the following supporting information has been submitted: C RAFT Newcastle Grocery Store DEVELOPMENT CORPORATION May 2011 CONCERNS Through comments received at the Public Open House and posted on the Clarington website9 the following concerns were odentifie : — wilding Design — Traffic — Noise C RAFT Newcastle Grocery Store DEVELOPMENT CORPORATION May 2011 QUESTIONS ? C RAFT Newcastle Grocery Store DEVELOPMENT CORPORATION May 2011 CoEsFess • • inimum Staff • Report Response to ESD-006- 11 Dan Worrall: Clarington Fire Fighters Association Response to ESD-006-11 Minimum Staffing Good Morning Your Honour and respective Regional and Local Councilors The Clarington Fire Fighters Association wishes to thank for the opportunity to speak today regarding the Minimum Staffing Issues facing Clarington Emergency and Fire Services. We wish review particular items as written in ESD-006-11, They are as follows With reference to item 3.3 (ref pg 11-11), " what are the limiting factors that could preclude the CEFS form increasing staff of fire apparatus? The paper speaks to a reduction of the level of service that the SCAT will provide, however, there are no stats to indicate lost levels of response. In Item 3.23 the question is asked" with the SCAT Truck being a response vehicle from Station One, is it your intent that the vehicle continue to be a response vehicle after Newcastle is opened as a full time hall?" Answer, the MFP does not allow for the SCAT to be at Station one as the manpower is required to staff station two, therefore are we to articulate that the lost levels of response are not to be missed as indicated in item 3.3. (Ref pg 11-11), Additionally as the report reads the 2008 MFP follows the OFM 10 in 10 manning which would abolish the staffing of 10 in 10 until the new gap staffing is complete. Item 3.10 (ref pg 11-15) references the 98% response rate of the part time fire fighters. How is this quantified, with the insufficient staffing button in operable I find it hard to see how this can be proved. Reference Item 3.12 ( ref pg 11-15) was "With Newcastle moving into full time in the future you think that some of part time salary savings might be beneficial to cost cutting and cost deferrals in paying for the full time fire fighters as we move to staff Newcastle full time? Response to ESD-006-11 Minimum Staffing Clarington Fire Fighters Association Page 2 By this the Association understands that a large component of the approx $275,000 in 2010 spent on Volunteer wages in Newcastle will be subject to a reduction due to the fact that full time fire fighters will be able to respond to these calls. I stress this is not a reduction in the number of part time fire fighters as Management has written in this question, but in a reduction of part time salaries. Therefore the saving could be used as a cost differential to the hiring of additional fire fighters without requiring additional funds from the tax payers. A conservative figure would be between $ 150, 000 — 200,000 a year in savings. This would pay for up to 3 full time fire fighters per year to be utilized, and to effectively and safely staff the fire apparatus with four fire fighters. In your report Item 3.15 (ref pg 11-16) you have indicated that only 12 times in 2010 that the part time fire fighters have failed to respond, the Association would like to know what part of the fire department computer was used to determine these figures as when it was originally purchased this insufficient manning tab was one of the options that allowed senior management was to track important data such as this staffing issue. This information is vital to the running of the fire department as is shown in this email from Deputy Chief Berney on 8 Aug 2007, where and I quote "Within the Incident Manager "Benchmark" tab there is a benchmark called "Insufficient Staffing" and sub-bench marks identifying each station. Whenever insufficient staffing occurs utilize the appropriate benchmark and add details describing the insufficient staffing. Insufficient staffing can be defined as apparatus responding with no officer as well as, the requested apparatus did not respond because the minimum number of fire fighters required for the apparatus did not answer the page. By doing these reports on insufficient staffing can be generated by the CAD." Response to ESD-006-11 Minimum Staffing Clarington Fire Fighters Association Page 3 However, in a memo emailed from Chief Berney on May 13, 2009, stating that this option was to be disconnected by Senior Management. This disconnection was first blamed onto the Full Time fire fighters By Deputy Chief Berney at the Special Council Meeting on 10 Mar 2011, where it was presented to Council that the Full time fire fighters disconnected the Insufficient Manning Button. May I comment that at no time has any fire fighter received discipline or extra training for a misuse of this Benchmarl< by way of "and I quote your response in item 3.28 (ref pg 11-21) "At some point the definition of insufficient staffing began to expand and the benchmark was inappropriately being used to inflate the statistic on a regular basis". In fact members of the Association who are professional dispatchers find these remarl<s quite derogatory and slanderous. As council may understand we to as an Association are confused about this issue as well, if the data could be collected by a simple run of a program not as it has been done for data having fire suppression staff having to spend 3 days manually calling up each incident and a individual gauging whether or not it meets the parameters that have been asl<ed of by senior staff. These research standard shows at least to the Association that we need accurate information is required to mal<e decisions on that will impact both management, Association and the residents who we support. Item 3.15 ( ref pg 11-16) the Association speal<s to the question" What is your opinion of the NIST report", the Association would thinl< that a report endorsed by the International Association of Fire Chiefs and the International Fire Fighters Association would have more credibility than, a I quote" The NIST report is a comprehensive report, one of many reports available in the fire service". Response to ESD-006-11 Minimum Staffing Clarington Fire Fighters Association Page 4 The Association believes and agrees with some very fundamental arguments that have been scientifically proven and written in the NIST Report. The NIST report is the first report to quantify the effects of crew sizes and arrival times on the fire service's lifesaving and fire fighting operations for residential fires. Until this report little scientific data has been available. These are such points as that a 4 fire fighter apparatus is 25 % more effective than a 3 fire fighter apparatus and fire rescue efforts have increased by 80 %. The NIST report also speal<s to fire fighter safety as the additional time is takes for fire fighters to arrive on scene and start their fundamental tasl<s the larger and more dangerous fire the fire fighters will be fighting. The NIST study provides a rigorous study on the most common and deadly fires in the country-those in single family residences. This report provides qualitative data to fire chiefs and public officials responsible for determining safe staffing levels and station locations. In Section (3.19) the question was asl<ed? "Do you thinl< the Fire Department is tal<ing all reasonable precautions when allowing 3 persons on a crew?" Your response and I quote for council is "Over the past years the Association has made several attempts to compel the Municipality to increase the minimum number of fire fighters on a trucl<, staff every trucl< with a Captain and have only full-time fire fighters provide fire prevention and public education services across the Municipality; is essence mortifying the values of a composite department and pronouncing Clarington Emergency and Fire Services a full time department", first of all the definition of Mortifying is to (shame somebody) , to make somebody feel deeply ashamed and humiliated. Response to ESD-006-11 Minimum Staffing Clarington Fire Fighters Association Page 5 To this statement the Association finds this wording condescending and immature when dealing with such important issues such as resident and fire fighter safety. Item 4.3 ( ref pg 11-21), speaks to the depth of response, and I quote 4.3 "the timely arrival of additional trucks and fire fighters provides for depth if response. It is this depth of response that will more times than not provide for a successful fire suppression operation.". The OFM speaks to depth of response, with the Association conceding the fact that there is an OFM Operational planning studying resource and deployment study under way. Notwithstanding the last the one element that does not change and that is fire. The OFM states that" Ten minutes (from time of ignition) is a critical time period because flashover conditions can occur at this point. The combustible items within a given space reach a temperature that is sufficiently high for them to auto-ignite." This is demonstrated in a graph, at or about ten minutes is where the life loss and property loss spikes. OFM, Public Safety Guidelines, 01-02-01, January, 1998 The question to be asked is when and where this depth of response is to come from, Clarington Emergency and Fire Service call volume was 3274. In a article published on October 10, 2008 Fire Chief Gord Weir was quoted the following " to expect (part time fire fighters to be called away from their jobs and families every day—that's a lot "Newcastle will probably hit 500 calls this year. That's a pretty high demand on our volunteer structure." Response to ESD-006-11 Minimum Staffing Clarington Fire Fighters Association Page 6 This leads to the question at what point do we stop looking the part time for all day fire coverage, and at the end of the day are we over using a resource that we as a Association support, and at what point will there be an end to the on call when available response due to over use that we have grown to depend on for emergency operations when available. Ref att Report ESD=006-11 ( ref pas 11-26 thru 11-31)lt is important to note that of the 47 structure fires reported in 2010, twenty two of them were responded to by a crew of three in one or more of the full time fire apparatus, three of the incidents were at the same address and for reporting were given separate incident numbers. Therefore 49 % of the time in 2010 there was a crew of 3 full time fire fighters responding to a structure fire. Now this is important due to the fact that in all cases a full time fire apparatus is sent to all areas supported by a part time fire station. If that station fails to get on the air, as indicated in item 3.6 ( ref pg 11-12), "it is important to note that when an emergency occurs in Clarington, the emergency is not limited to the resources of the closest station. It is very common for trucks and fire fighters from all five of Clarington's Fire Stations", now understanding that a three fire fighter crew may arrive on scene with no "Depth of Response" to formulate a fire attack plan due to available staffing. Fundamental H/S of your employees and the residents of Clarington, report speaks to item 3.24 ( ref pg 11-19) "Health and Safety is always paramount regardless of the number of fire fighters on a truck. It is staff's belief that overtime will be more of an issue". The Association finds it pretty petty that it is the overtime that receives the acknowledgment of being more an issue than the Safety of the fire fighters. Response to ESD-006-11 Minimum Staffing Clarington Fire Fighters Association Page 7 As spoke to, fires as well as other emergencies can be very labour intensive and require large numbers of highly trained individuals to ensure the best possible outcome. Additional health and safety concerns surrounding crews of three fighters include the difficulty to provide fire fighters with the rest breaks required for them to cope with the problems associated with the buildup of metabolic heat. Supervisor command and pumps and water resources will be compromised as the situation evolves, particularly if resources or depth in response is not available. In reference to item 3.17 ( ref pg 11-17) , if this was the norm you would see crews of three across Durham, Ontario and Canada. A point of interest is that even when the other municipalities were composite they worked with crews of four fire fighters. With reference to item 5.5( ref pg 11-24).- should be noted that members of Clarington Fire Fighters Association are only afforded one week, not two and training with OPG is a agreed on item in order to meet with compliance arrangements. Item 5.10 references overtime: I am a little confused on how this overtime budget was calculated. How do you forecast this number when you have two numbers of a average sick days is it 7.71 days as written on page 11-14 item 3.7 or is 5.9 days as indicated with item 5.4.on page 11-24. I would gather that an important number such as this would be used to generate the numbers to achieve this projected overtime of $176,000, and am unsure to what basis you use to accrue these numbers, Response to ESD-006-11 Minimum Staffing Clarington Fire Fighters Association Page 8 In Closing Item 3.4 ( ref pg 11-11) speaks to the way CEFS has continued to respond with three fire fighters since 1987, we have had significant expansions in fire technology and understanding the science of fire. We have learned that it is a complex animal that requires the extraordinary effort to ensure that it does not pose harm to human life or property. If we are to be stuck in the past with 1987 ideologies when the Fire Department ran approx 750 - 1000 calls and the old saying of well that's the way we do cause we don't accept change, since 1987 the Association along with Management had encouraged change with water rescue, hazmat and rope rescue to name a few. All of these operations require staffing and are time sensitive, especially when seconds count. The population of Clarington in 1987 was 50000 up and the population of Clarington in 2011 is approx 86.000, and the fire department is running approx 3300 calls a year. However, the population is fast approaching 96000 by 2016 and we'll continue to respond to emergency calls with the same 1987 mind set. With reference to item 6.4 (ref pg 11-25), the published report fails to highlight the main point of our issue which is about adequately staffing our apparatus for the safety of the residents of Clarington and the safety of the members of the fire Association, however, I can I quote the Report ESD-006-11 as it is written " it can be accomplished with current staff levels". At the end of the day it is about "Safety", that's it......thank you Response to ESD-006-11 Minimum Staffing Clarington Fire Fighters Association Page 9