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HomeMy WebLinkAbout06/27/2011Clarl'ngton Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: June 27, 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 June 13, 2011 4 -1 5. PRESENTATIONS No Presentations 6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6 -1 List) (a) Representative from the Orono Rod and Gun Club, Regarding Report CLD- 017 -11, Amendments to Noise By -law 7. PUBLIC MEETINGS (a) Public Meeting Regarding an Intention to Proceed with Highway closing of 7 -1 the Unopen Road Allowance — Lord Elgin Street 8. PLANNING SERVICES DEPARTMENT (a) PSD- 057 -11 Application for Removal of Holding 8 -1 Owner: Prestonvale Developments Inc. (b) PSD- 058 -11 Proposed Amendment to Conditions of Draft Approval 8 -9 Draft Approved Plan of Subdivision 18T -89048 Owner: Veltri & Sons Limited (c) PSD- 059 -11 Application for Removal of Holding 8 -45 41 Osborne Road, Courtice Applicant: Ontario Power Generation Inc. CORPORATION OF THE MUNICIPALITY OF CLARINGTOn 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3375 G. P. &A. Agenda - 2 - June 27, 2011 (d) PSD- 060 -11 Authorization to Execute Subdivision Agreement 8 -51 Claret Investments Draft Approved Plan of Subdivision 18T -94027 9. ENGINEERING SERVICES DEPARTMENT :..(a) EGD- 025 -11 Lorne Yeo Court Subdivision, Tyrone, Plan 40M -2365, 9 -1 'Certificate of Acceptance' and `Assumption By -Law', Final Works Including Roads and Other Related Works (b) EGD- 026 -11 Monthly Report on Building Permit Activity for May, 2011 (c) EGD- 027 -11 Proposal to Convey a Portion of an Unopen Road Allowance (Lord Elgin Street) Situated in Lot 12, Concession 2, Former Town of Bowmanville 10. OPERATIONS DEPARTMENT (a) OPD- 006 -11 Community Gardens (b) OPD -008 -11 2011 Winter Budget Report 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD- 008 -11 Monthly Response Report — May - 2011 12. COMMUNITY SERVICES DEPARTMENT (a) CSD- 011 -11 Grade 5 Action Pass — Family Engagement Strategy (b) CSD- 012 -11 Schedule of Rates and Fees 2011/2012 — 2012/2013 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD- 017 -11 Amendments to Noise By -law 14. CORPORATE SERVICES DEPARTMENT 15. (a) COD - 021 -11 CL2011 -16, Stephenson Road, Structure Replacement (b) COD- 022 -11 CL2011 -19, Lover's Lane Reconstruction FINANCE DEPARTMENT (a) FND- 015 -11 2010 Audited Financial Statements o 9 -12 10 -1 11 -1 12 -1 12 -6 13 -1 14 -1 15 -1 G.P. &A. Agenda - 3 - June 27, 2011 16. SOLICITOR'S DEPARTMENT See Confidential Reports 17, CHIEF ADMINISTRATIVE OFFICE (a) CAO -005 -11 Staffing in the Office of the CAO (b) CAO- 006 -11 Environmental Assessment Peer Review OPG Refurbishment at Darlington NGS 18: UNFINISHED BUSINESS (a) COD- 015 -11 ASO Benefit Program Analysis 19. OTHER BUSINESS 20. COMMUNICATIONS 21. CONFIDENTIAL REPORTS (a) FND- 016 -11 Tax Settlement Agreement for 1524103 Ontario Ltd. (b) LGL- 008 -11 Newcastle Recycling Ltd. 2011 Superior Court Application Part of Lot 12, Concession 3, Former Township of Clarke 22. ADJOURNMENT 17 -1 17 -5 18 -1 1� 1 General Purpose and Administration Committee Minutes June 13, 2011 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 13, 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 Operations, F. Horvath Manager of Special Projects, F. Langmaid Director of Corporate Services & Human Resources, M Manager of Development Review, C. Pellarin Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Clerk, P. Barrie Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be declaring an interest regarding Report COD - 020 -11. - 1 - Marano 4 -1 General Purpose and Administration Committee Minutes June 13, 2011 ANNOUNCEMENTS Mayor Foster welcomed Tara Hatherly, reporter with Clarington This Week. Councillor Novak announced that she had attended the following: • Ontario Power Generation (OPG) Community Information Session on Wednesday, June 8, 2011, at Faith United Church. • A flag raising, on Tuesday, June 7, 2011, at the Municipal Administrative Centre, to mark Pride Week. • Chairman's Charity Classic Golf Tournament where approximately $350,000 was raised for Durham Region charities. • Emergency Works Centre training exercise held at the Orono Arena on Friday, June 10, 2011'. She also noted that Councillor Woo, Councillor Partner, and Mayor Foster were in attendance. • "Starry Nights 2011 ", a fundraiser for the YWCA Wish Shelter at the Jubilee Pavilion in Oshawa on Friday, June 10, 2011. She noted that Mayor Foster and Councillor Neal also attended. • Bowmanville Rockin' Rotary Ribfest, this past weekend, at the Garnet B. Rickard Recreation Complex. Councillor Novak thanked the Fire Department for their volunteerism regarding the recent "Boot Drive" to raise funds for Muscular Dystrophy. Councillor Neal attended the following: • "Starry Nights 2011 ", a fundraiser for the YWCA Wish Shelter at the Jubilee Pavilion in Oshawa on Friday, June 10, 2011. • Doors Open Clarington on Saturday, June 11, 2011. • Bowmanville Rockin' Rotary Ribfest, this past weekend, at the Garnet B. Rickard Recreation Complex. Councillor Hooper attended the following: • Emergency Works Centre training exercise held at the Orono Arena on Friday, June 10, 2011. • Pollinator Garden Planting event (to create a butterfly garden) at the Enniskillen Conservation Authority on Saturday, June 11, 2011 • Doors Open Clarington on Saturday, June 11, 2011. He noted that he volunteered at St. Mary's Cement where at least 1000 visitors attended. • Volunteered on Friday, June 10,201land Sunday, June 12, 2011 at the Bowmanville Rockin' Rotary Ribfest. • The Annual Outdoor Ecumenical Service at the Bowmanville Rotary Park on Sunday, June 12, 2011. -2- 4 -2 General Purpose and Administration Committee Minutes June 13, 2011 Councillor Hooper noted that the "Concerts in the Park" series began on Thursday, June 9, 2011. He added that this Thursday the Whitby Brass Band will be playing. Councillor Woo attended the "Motorcycle Ride for Dad ", on Saturday, June 11, 2011, a motorcycle poker run hosted by Clarington Honda. This event was also attended by Mayor Foster, John O'Toole and Bob Chapman. He noted that 31 municipalities take part in the event to raise money for Prostate Cancer Awareness. Councillor Woo announced the upcoming Lakeshore Garden Tour on Saturday, June 25, 2011, hosted by the Gathering Grannies, from 9:00 a.m. to noon. He added that all proceeds will go to the Stephen Lewis Foundation. Councillor Woo reminded everyone of the Father's Day breakfast on Sunday, June 19, 2011 at the Kendal Community Centre from 9:00 a.m. to noon. Councillor Woo announced the upcoming "Street Hockey for Cancer" Tournament to take place on Sunday, June 19, 2011 to raise funds for the Canadian Cancer Society, in memory of Mike "Noss" Wade. The event will take place at the Garnet B. Rickard Recreation Complex. For more information, contact piratesoftherelay [a),hotm ail. com, Boston Pizza or the Garnet B. Rickard Recreation Complex. Councillor Traill attended "Doors Open Clarington ", including the Bowmanville Zoo, Soper Creek Trail, and the Visual Arts Centre. She also attended the Bowmanville Rockin' Rotary Ribfest on Sunday, June 12, 2011. She thanked the volunteers for making both these events successful. Councillor Partner attended the following: • Emergency Works Centre training exercise held at the Orono Arena on Friday, June 10, 2011. • Big Brothers and Sisters of Clarington's Spring Food and Wine Festival, held at the Newcastle Community Hall on Saturday, June 11, 2011. Mayor Foster and Councillor Woo also attended. Doors Open Clarington on Saturday, June 11, 2011. Councillor Partner announced that this Tuesday, June 14, 2011 will be the kickoff of Music in the Park series in the Newcastle Parkette, starting at 7:00 p.m. She also reminded everyone that there will be another "Raise the Roof" Salad Supper at the Rebekka Hall in Orono at 6:00 p.m. on Wednesday, June 15, 2011. Mayor Foster attended the Chairman's Charity Classic Golf Tournament in support of three local charities. He also was a rib judge at the Bowmanville Rockin' Rotary Ribfest where at least $96,000 was raised (final total not in yet). Mayor Foster reminded everyone that he and several other members of Council will be participating in "Walk A Mile In Her Shoes ", Durham's third annual Men's Walk Against Domestic Violence, being held Saturday, June 25, 2011. He also noted that he had attended a meeting, -3- 4 -3 General Purpose and Administration Committee Minutes June 13, 2011 earlier this morning, hosted by Minister Flaherty, with some of the local MP's regarding the nuclear new build. MINUTES Resolution #GPA- 416 -11 Moved by Councillor Hooper, seconded by Councillor Neal THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on May 30, 2011, be approved, with the following amendments: Change Patricia Stephenson's delegation: Fourth sentence to: "She noted that a nearby developer has asked for an extension for the same reason. ": and Sixth sentence: Change "precedence" to "precedent ". CARRIED PRESENTATIONS John Presta, Director Environmental Services, Region of Durham was present regarding an update on source water protection planning. He also introduced other members of the Source Protection Committee. Mr. Presta made a verbal presentation to accompany a PowerPoint presentation. He explained that the Walkerton inquiry recommended that the Province create a multi barrier approach to protecting municipal drinking water throughout Ontario, which resulted in the Clean Water Act. Mr. Presta added that the inquiry recommended that source water protection be undertaken for each of the 19 watersheds in Ontario. He noted that there are two source water protection areas within Clarington. Mr. Presta explained that the Source Protection Committee consists of municipal, economic and general stakeholders. He noted that the assessment reports, which were submitted to the Ministry of the Environment in October, are currently being updated. Mr. Presta explained that the work involves establishing intake protection zones (a one kilometre protection zone and a two hour protection zone). He noted that there are two threats to the Orono Drinking Water System: application of agricultural Source material to land and application of pesticide to land. 4 -4 General Purpose and Administration Committee Minutes June 13, 2011 Susan Self, Chair, Credit Valley Toronto Region and Central Lake Ontario (CTC) Source Protection Committee, was also present regarding the update on source water protection planning. She made a verbal presentation to accompany Mr. Presta's PowerPoint presentation. Ms. Self explained the process for source protection plans, which will identify the seven methods for managing or eliminating significant threats. Ms. Self noted that the municipal responsibilities include: Official Plan conformance, appoint risk management officer /inspector, zoning by -law changes, land use policy conformance, and review of overall water supply policy. She explained the policy development process. Ms. Self concluded with an explanation of the consultation opportunities and the proposed timelines. Peter Spratt, Vice President, ROCG Consulting, was present regarding the Strategic Plan Final Draft. He made a verbal presentation to accompany a PowerPoint presentation. Mr. Spratt recapped the process, including the four workshops. He highlighted that Clarington's vision is "Building a sustainable, creative, caring community" and the mission is "Committed to leadership, respect, and the delivery of quality services ". Mr. Spratt noted that six strategic priorities have been identified. Ron Albright, Manager of Infrastructure, was present regarding Report EGD- 024 -11, Newcastle Parking Study. He made a verbal presentation to accompany a PowerPoint presentation. Mr. Albright explained the study initiation, timelines, area, methodology, existing parking supply, field survey findings, and points for discussion and input. He noted that there are two potential locations for additional parking. Mr. Albright explained the additional issues which were raised as a result of a presentation to the Newcastle Business Improvement Association. He noted that the overall parking supply is adequate to meet peak demand. Mr. Albright explained the staff recommendations which are detailed in Report EGD- 024 -11. nu Resolution #GPA- 417 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT the Committee recess for 15 minutes. CARRIED The meeting reconvened at 11:00 a.m. -5- 4 -5 General Purpose and Administration Committee Minutes June 13, 2011 DELEGATIONS Ted Meszaros, representing Clarington Citizens for Clean Water and Soil, was present regarding the new application to the Ganaraska Region Conservation Authority (GRCA) with respect to the Morgan's Road /Highway 2 commercial fill site. He stated that the group is concerned with clean water and soils as it relates to people who live around the commercial fill site. Mr. Meszaros stated that he is concerned that the GRCA has agreed to let the commercial fill work continue, although the GRCA admitted that it is a huge scale operation and that they were not prepared to regulate them. He noted that Clarington is not able to regulate the site due to the Provincially Significant Wetlands designation. Mr. Meszaros provided the Committee with the background of the situation noting that not all the deadlines for Permit #1089 were met on time. In addition, Mr. Meszaros noted that certain conditions of the April 15, 2011 Director's Orders were also not met. He stated that he is concerned that the GRCA is not planning to seek party status at the Environmental Review Tribunal (ERT) and therefore he requests that Council pass a motion to seek party status by the filing date of July 6, 2011. 'Mr. Meszaros also requested that Council pass a resolution instructing the Municipality's representatives on the GRCA Board to vote to defer the new application until all pertinent criteria has been met, someone is able to enforce all the conditions within past directives and permits, and the ERT has been resolved. Richard Ward was present regarding the ongoing property standards situation and reasons. Mr. Ward stated he was present at the meeting because he heard that persons are attempting to organize another complaint against him. He informed the Committee that he is submitting a report to the police force where he is initiating a legitimate complaint. Mr. Ward indicated that the persons with the complaint against him are persons who may be persons of interest in his complaint. He questioned the legitimacy and motives of the previous two property standard actions. He requested that Council direct the Municipal Law Enforcement Division to not participate in this potential third complaint against him. Mr. Ward stated that he has yet to receive answers on previous questions to Council, in particular, from the Planning Services Department regarding potential planning applications on his property. He stated that he appreciates the efforts that this Council is making. Linda Gasser was present regarding the Addendum to Report PSD- 052 -11, Durham - York Energy from Waste (EFW) Project Clarington comments on Certificate of Approval application (air). Ms. Gasser reminded the Committee of her request to the General Purpose and Administration Committee of May 30, 2011. She urged Council to keep in mind that the SENES Consultants used careful wording regarding the EFW application. Ms. Gasser stated that she is concerned that Clarington has missed two deadlines to the Ministry of Environment (MOE) for comments. She requested that the Council comments should be stronger than the recommendations in the Addendum Report PSD- 052 -11 and also that the cause of the revised recommendations were not detailed. Ms. Gasser was concerned that the Addendum Report PSD- 052 -11 was not made M General Purpose and Administration Committee Minutes June 13, 2011 public until 4:00 p.m. on Tuesday, June 7, 2011 and therefore no one was able to make a delegation to Council. She noted that several of the original recommendations would be compromised by adopting the recommendations contained in Addendum Report PSD- 052 -11. In particular, Ms. Gasser was concerned about the revised recommendations regarding the AMESA cartridge, mercury, and particulate matter limit. She urged the Committee to hold Covanta to the Environmental Assessment (EA) conditions, including continuous monitoring of organic matter. Ms. Gasser informed the Committee that the MOE created revised guidelines, which are more stringent than the contract requirements. She noted that the new requirements are achievable, however cost implications may come into play. Ms. Gasser concluded by questioning why Regional Chair Anderson rushed to sign the agreement when these changes to regulations were being introduced. Wendy Bracken was present regarding the Addendum to Report PSD- 052 -11, Durham - York Energy from Waste Project Clarington comments on Certificate of Approval application (air). Ms. Bracken stated that she concurs with everything that Ms. Gasser stated. She stated that she is concerned about the "watering down" of the recommendations, especially the addition of the words "technically feasible" in one of the clauses. Ms. Bracken indicated that she is also disappointed that there is no request to the MOE for continuous monitoring of the organic matter. She stated that she is also concerned about the levels of the PM2_5 levels. Ms. Bracken stated that she believes that there should be no hesitation in asking for continuous monitoring. She explained the two averaging periods (24 hour and annual). Ms. Bracken explained that the Canada -wide standard is 30pg /m3 (98th percentile). She was concerned about Ms. Saab's (SENES Consultants Ltd.) statement where she advised against a continuous monitoring device because it was "well below the regulatory limit" at 28.6. Ms. Bracken quoted Victor Low, Director of Section 9 Approvals, Ministry of Environment, in the Ministry review where he noted that the "ambient air quality monitoring data marginally complies or exceeds the regulatory limits ". She stated that Clarington is already at the limit for air quality and therefore we should be ensuring that this proposal will use a continuous monitoring system. Ms. Bracken asked that the words "technically feasible" be stricken from the recommendation. She reminded the Committee that the EA only assessed the stack concentrations for "9 ", but that the proponent plans to operate at "21", which has had no risk assessment of these increased emissions and no medical review. Ms. Bracken urged the Committee to follow the Ministry of Environment A -7 Guideline, Section 3 -2 where "the Ministry encourages the use of high sensitivity continuous particulate matter monitoring systems over opacity monitoring since particulate emissions have a direct environmental impact." -7- 4 -7 General Purpose and Administration Committee Minutes June 13, 2011 RECESS Resolution #GPA- 418 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT the Committee recess for 55 minutes. CARRIED The meeting reconvened at 1:01 p.m. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Zoning By -law 84 -63 and Draft Plan of Subdivision Applicant: Dunbury Developments (Regional) Ltd. Report: PSD- 053 -11 Tracey Webster, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Dana Gilbert, Planner, Sernas Associates, acting on behalf of Dunbury Developments (Regional) Ltd., stated that she has read the staff report and that she will take any concerns back to the applicant. (b) Subject: Application to Amend the Zoning By -law 84 -63 Applicant: Valleymore Land Corporation Report: PSD- 054 -11 Tracey Webster, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Linda Gasser spoke in opposition to the application. She stated that she is familiar with the neighbourhood and she is concerned about the impact of the access road on the adjacent roads. Ms. Gasser also stated that she is concerned about the effect of light pollution from the development on wildlife in the area. She is also requesting additional signage, to indicate a left turn, on Regional Road #9. RU General Purpose and Administration Committee Minutes June 13, 2011 Debra Weyrich -Cody, daughter of a local resident, spoke in opposition to the application. She asked how much space was allowed between the wetland and the buffer area. Ms. Weyrich -Code stated that the pond on her mother's property (adjacent to the subject property) is not shown as a wetland, in the PowerPoint slide. She suggested that the yellow line on the map should mimic the blue line in the southwest corner with respect to the pond. Ms. Weyrich -Code stated that there are currently no lights in the area and that she is concerned about light pollution. She noted that there is an observatory in the vicinity of the property. Ms. Weyrich -Code asked whether this application is being grandfathered. She was also requesting that the septic systems of the development be located away from the pond on her mother's property. Ruth Weyrich, local resident for 45 years, spoke in opposition to the application. She stated that she is concerned about the wildlife that may be impacted if the development affects the pond on her property. Ms. Weyrich informed the Committee that, when the pond was built in 1971, there were at least 13 springs. She is concerned that there is a natural dam, 20 feet high, which may be at risk from the development. Ms. Weyrich stated that she has the same concerns at Debra Weyrich -Cody with respect to the lines regarding her pond on the PowerPoint slide. She stated that there is not enough room to safely put a septic tank near her pond. Ms. Weyrich added that she would like to obtain the dimensions of the lots near her property. Glenn Genge, D.G. Biddle & Associates, spoke on behalf of Valleymore Land Corporation. He noted that the applicant and a hydro - geologist from Geo- Logic, were also present. Mr. Genge stated that the purpose of this public meeting is to implement an Ontario Municipal Board (OMB) decision, as a result of the Oak Ridges Moraine Act being implemented after the application was originally made. Mr. Genge stated that the lighting will follow the municipal standards. He noted that there is lighting at the ski hill already. Mr. Genge stated that the application is not on the pond property. He added that the subdivision drains away from the pond. Mr. Genge stated that the trees within the Environmentally Protected Zone will not be disturbed, unless it is part of a Tree Preservation Plan. Nyle Mcllveen, Geo- Logic, spoke regarding the geology of the subject property. He noted that another consultant reviewed this property in 1992 and the current report has been peer reviewed. Mr. Mcllveen stated that the water moves into the pond, but does not outflow. He stated that there will need to be engineering done to ensure that water does not flow toward the pond. Mr. Mcllveen stated that the quicksand layer is common to the area. He added that all the wells are deeper than the pond and they have performed several pump tests in order to meet the Health Unit criteria. M 4 -9 General Purpose and Administration Committee Minutes June 13, 2011 PLANNING SERVICES DEPARTMENT APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION APPLICATION FOR PROPOSED ZONING BY -LAW AMENDMENT APPLICANT: DUNBURY DEVELOPMENTS (REGIONAL) LTD. Resolution #GPA- 419 -11 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report PSD- 053 -11 be received; THAT the application for proposed draft plan of subdivision and zoning by -law amendment submitted by Dunbury Developments (Regional) Ltd., to permit the development of a residential plan of subdivision for 266 residential units continue to be processed including the preparation of a future report considering all agency comments and all concerns received through the public notice; and THAT all interested parties listed in Report PSD- 053 -11 and any delegations be advised of Council's decision. REZONING APPLICATION TO COMPLY WITH AN ONTARIO MUNICIPAL BOARD DECISION APPLICANT: VALLEYMORE LAND CORP. Resolution #GPA- 420 -11 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD- 054 -11 be received; THAT the application to amend Zoning By -law 84 -63 and Zoning By -law 2005 -109 to allow for the development of six (6) residential lots previously approved by the Ontario Municipal Board (OMB) be approved and that the proposed Zoning By -law Amendment contained in Attachment 6 and Attachment 7 to Report PSD- 054 -11 be passed; THAT a copy of Report PSD- 054 -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- 054 -11 and any delegations be advised of Council's decision. MOTION LOST -10- 4 -10 General Purpose and Administration Committee Minutes June 13, 2011 Resolution #GPA- 421 -11 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD- 054 -11 be tabled until the Council meeting of June 20, 2011. CARRIED ONTARIO HERITAGE TRUST HERITAGE COMMUNITY RECOGNITION PROGRAM NOMINEES Resolution #GPA- 422 -11 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report PSD- 055 -11 be received; THAT the Ontario Heritage Trust be advised that the Council of the Corporation of the Municipality of Clarington nominates: • Edmond Vanhaverbeke for recognition under the Heritage Community Recognition Program for his significant contribution to the preservation of the built heritage of the Municipality of Clarington; • Gabbie Kirkwood for recognition under the Young Heritage Leaders Program for her significant contribution to the preservation of the built heritage of the Municipality of Clarington; and THAT Edmond Vanhaverbeke, Gabbie Kirkwood, the Ontario Heritage Trust, and the interested parties listed in Report PSD- 055 -11 be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 2, 2011 Resolution #GPA -423 -11 Moved by Councillor Partner, seconded by Mayor Foster THAT Report PSD- 056 -11 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on June 2, 2011 for applications A2011 -0013, A2011 -0016 and A2011 -0019 to A2011 -0022; and - 11 - 4 -11 General Purpose and Administration Committee Minutes June 13, 2011 THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED In response to a question from Mayor Foster, the Manager of Development Review advised that Anne Taylor Scott, Planner, is fulfilling the role of communicating information with respect to the Morgan's Road commercial fill site. Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT NEWCASTLE PARKING STUDY Resolution #GPA- 424 -11 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report EGD- 024 -11 be received; THAT Staff work in cooperation with the Newcastle BIA to help facilitate the initiatives outlined in the study to help improve parking in downtown Newcastle; THAT Staff utilize future development agreements between potential developers in the downtown core of Newcastle to protect and enhance existing parking supply; THAT the Municipality continue to monitor parking to assist in determining the future need for additional public parking facilities in Newcastle's downtown core and potential feasible locations for additional public parking should demand require it; and THAT the Newcastle BIA and all other interested parties be informed of Report EGD -024 -11. CARRIED TRULL'S ROAD PUBLIC INFORMATION CENTRE AND FIRMER STREET DITCHES Resolution #GPA- 425 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Staff report back on the Trull's Road Public Information Centre meeting regarding ditches as well as filling in the ditches of Firner Street. CARRIED -12- 4 -12 General Purpose and Administration Committee Minutes June 13, 2011 RECESS Resolution #GPA- 426 -11 Moved by Councillor Partner, seconded by Councillor Neal THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 2:55 p.m. Councillor Woo chaired this portion of the meeting. OPERATIONS DEPARTMENT PITCH IN WEEK Resolution #GPA- 427 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report OPD- 007 -11 be received for information. CARRIED Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT — APRIL — 2011 Resolution #GPA- 428 -11 Moved by Councillor Woo, seconded by Mayor Foster THAT Report ESD- 007 -11 be received for information. CARRIED -13- 4 -13 General Purpose and Administration Committee Minutes June 13, 2011 NEXT GENERATION COMMON COMMUNICATIONS PLATFORM Resolution #GPA- 429 -11 Moved by Councillor Partner, seconded by Councillor Traill THAT Report ESD- 008 -11 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Partner chaired this portion of the meeting. CLERK'S DEPARTMENT ABANDONED CEMETERIES BOARD Resolution #GPA- 430 -11 Moved by Councillor Novak, seconded by Councillor Traill THAT Report CLD- 015 -11 be received; THAT the resignation of Jim Becksted be received, with regret, and that he be thanked for his interest in the Abandoned Cemeteries Board; and THAT Laura Suchan be appointed to the Board for a term concurrent with Council. CARRIED AUDIO RECORDING OF MEETINGS Resolution #GPA- 431 -11 Moved by Councillor Traill, seconded by Councillor Hooper THAT Report CLD- 016 -11 be received; THAT the Municipal Clerk's Department commence audio taping all Council and Committee meetings that are held in the Council Chambers, with the exception of closed meetings; -14- 4 -14 General Purpose and Administration Committee Minutes June 13, 2011 THAT equipment be purchased to allow for the conversion of VHS tape to CD; THAT, in accordance with the Municipal Freedom of Information and Protection of Privacy Act, copies of the CDs be made available for purchase through the Municipal Clerk's Department at a cost of $10 each; THAT a copy of each CD be made available through the Clarington Public Library; and THAT staff continue to investigate the issue of podcasting and webcasting all Council and Committee meetings to the Clarington website and report back during the 2012 budget deliberations. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT ASO BENEFIT PROGRAM ANALYSIS Resolution #GPA- 432 -11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report COD - 015 -11 be received for information. (See following motion) Resolution #GPA- 433 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT Report COD - 015 -11 be tabled until the General Purpose and Administration meeting of June 27, 2011. CARRIED BILL 181 FIRE MANDATORY RETIREMENT LEGISLATION AND PROPOSED AMENDMENTS BY OMERS SPONSORS CORPORATION Resolution #GPA- 434 -11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report COD - 018 -11 be received for information. CARRIED -15- 4 -15 General Purpose and Administration Committee Minutes June 13, 2011 TENDER CL2011 -11, PAVEMENT REHABILITATION, VARIOUS LOCATIONS Councillor Hooper declared a pecuniary interest with respect to Report COD - 020 -11, as he owns property on one of the streets indicated. Councillor Hooper left the room and did not participate in discussions and voting on this matter. Resolution #GPA- 435 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report COD - 020 -11 be received; THAT Coco Paving Inc., Oshawa, Ontario, with a total bid in the amount of $1,454,322.37 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2011 -11 be awarded the contract for Pavement Rehabilitation, Various Locations, as required by the Municipality of Clarington, Engineering Department; THAT the funds required in the amount of $1,745,000.00 (which includes $1,454,322.37 for tendering, design, contract administration and contingencies) be drawn from the 2011 Engineering Department Capital Account #110 -32- 330 - 83212 -7401, Pavement Rehabilitation account; and THAT the Mayor and the Clerk be authorized to execute the necessary agreement. CARRIED FINANCE DEPARTMENT MUNICIPALITY OF CLARINGTON'S DEBT STATUS Resolution #GPA- 436 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report FND- 014 -11 be received for information. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. See a continuation of the Solicitor's Department section following the Chief Administrative Officer's section. -16- 4 -16 General Purpose and Administration Committee Minutes June 13, 2011 CHIEF ADMINISTRATIVE OFFICER MUNICIPALITY OF CLARINGTON — FINAL DRAFT STRATEGIC PLAN Resolution #GPA -437 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CAO- 004 -11 be received; THAT the Final Draft of the Strategic Plan be approved; and THAT the CAO provide an annual status report on the progress of the implementation of the Strategic Plan commencing in mid 2012. CARRIED SOLICITOR'S DEPARTMENT - Continued MORGAN'S ROAD COMMERCIAL FILL OPERATION ENVIRONMENTAL REVIEW TRIBUNAL Resolution #GPA- 438 -11 Moved by Councillor Neal, seconded by Councillor Woo THAT the Solicitor report to Council on June 20, 2011, on the various roles the municipality could assume at the Environmental Review Tribunal preliminary hearing addressing the MOE Director's Order #333- 8FN29D -1. CARRIED UNFINISHED BUSINESS JOSEPH ATKINSON PARK Resolution #GPA- 439 -11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report EGD- 021 -11 be lifted from the table. CARRIED 17- 4 -17 General Purpose and Administration Committee Minutes June 13, 2011 Resolution #GPA- 440 -11 Moved by Councillor Woo, seconded by Councillor Neal THAT Report EGD- 021 -11 be received for information. CARRIED DURHAM -YORK ENERGY FROM WASTE PROJECT CLARINGTON COMMENTS ON CERTIFICATE OF APPROVAL APPLICATION (AIR) Resolution #GPA- 441 -11 Moved by Councillor Traill, seconded by Councillor Hooper THAT Item #6 of Report #2 - Durham -York Energy From Waste Project Clarington Comments on Certificate of Approval Application (Air) be lifted from the table. CARRIED Resolution #GPA- 442 -11 Moved by Councillor Traill, seconded by Councillor Neal WHEREAS the Municipality of Clarington has the right to make recommendations to the Ministry of the Environment (MOE) as part of the Certificate of Approval process which, if adopted, would be legally enforceable; WHEREAS it is incumbent upon members of Council to collectively exercise the utmost due diligence in fulfilling our mandate to make decisions which have, at the forefront, the best interests, health and safety of Clarington citizens; WHEREAS such an exercise of due diligence requires members of Council to ensure that the only most conscientious, practical and thorough recommendations are submitted to the MOE as part of the Certificate of Approval process; NOW THEREFORE BE IT RESOLVED: THAT as recommended in the MOE's Guideline A -7: Air Pollution Control, Design and Operation Guidelines for Municipal Waste Thermal Treatment Facilities, that Clarington's submission number two of Report PSD- 052 -11 be amended to include the following wording: g) THAT high sensitivity continuous monitoring of fine particulate matter and organic matter be implemented as a fundamental condition of the Certificate of Approval; 4 -18 General Purpose and Administration Committee Minutes June 13, 2011 THAT the wording of Clarington's submissions as set forth in PSD- 052 -11 and as approved by Committee on May 30, 2011 remain unaltered, with the exception of the additional clause described above; THAT the Addendum to Report PSD - 052 -11 be received for information; THAT copies of the amended PSD- 052 -11, and Council's decision be forwarded to the Region of Durham, the Region of York and the Ministry of Environment; and THAT all interested parties listed in Report PSD- 052 -11 and any delegations be advised of Council's decision. RULED OUT OF ORDER (See following) RECESS Resolution #GPA- 443 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Committee recess for 15 minutes. CARRIED The meeting reconvened at 4:16 p.m. DURHAM -YORK ENERGY FROM WASTE PROJECT CLARINGTON COMMENTS ON CERTIFICATE OF APPROVAL APPLICATION (AIR) (Continued) Mayor Foster ruled the foregoing Resolution #GPA- 442 -11 out of order as it was not the motion which was lifted from the table. Resolution #GPA- 444 -11 Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS the Regional Municipalities of Durham and York submitted application on March 3, 2011 to the Ministry of Environment under Section 9 of the Environmental Protection Act, O. Reg 419/05, for a Basic Comprehensive Certificate of Approval; and WHEREAS to demonstrate compliance with air emission, the application submission was supported by an Emission Summary and Dispersion Modelling (ESDM) Report; and -19- 4 -19 General Purpose and Administration Committee Minutes June 13, 2011 WHEREAS the Municipality of Clarington retained SENES Consultants Ltd. to review the Certificate of Approval Application — Air and the ESDM to ensure that the conditions set out in the Environmental Assessment Approval and the Host Community Agreement are appropriately addressed in the Certificate of Approval; and WHEREAS SENES' review of the Certificate of Approval application and the ESDM identified a number of issues that should be addressed by the Ministry of Environment in their review and approval of the application; NOW THEREFORE BE IT RESOLVED: THAT the Report by SENES Consultants Ltd. and all recommendations contained therein (Attachment 2 of Report PSD- 052 -11) be adopted as the Municipality of Clarington's comments on the Application for a Certificate of Approval — Air for the Durham -York Energy from Waste Project; 2. THAT the Municipality of Clarington requests the Ministry of Environment to include the following as conditions in the Certificate of Approval — Air to be issued for the Durham -York Energy From Waste Project in order to make them legally binding: a) That annual stack testing be conducted as per MOE A -7 Guidelines; b) That testing be carried out such that the waste stream represents the typical waste composition being fed into the facility; c) That the performance condition of 9 mg /Rm3 be applicable to total PM2.5 (filterable and condensable) as set out in the conditions of EA approval; d) That re- modeling be required should the source testing show emission rates higher than those used in the ESDM; e) That an AMESA or similar cartridge system be considered to be installed to continuously sample for dioxins and furans and the frequency of sample collection and analysis be increased to biweekly; and f) That an AMESA -M or similar cartridge system be considered to be installed to continuously sample for mercury, and the frequency of sample collection and analysis be set at biweekly; 3. THAT the Council of the Municipality of Clarington hereby requests the Ministry of Environment provide the Municipality with the draft Certificate of Approval — Air for review and comment; and approval for the issuance prior to issuance of the final approval not be granted until the Municipality of Clarington has provided comment. 4. THAT at the time of the renewal of the initial Certificate of Approval, 5 years after commissioning (approximately 2018), there be no "grandfathering" of emission limits and other relevant conditions so that the relevant standards at that time can be incorporated; -20- 4 -20 General Purpose and Administration Committee Minutes June 13, 2011 5. THAT a copy of Report PSD- 052 -11 and Council's decision be forwarded to the Region of Durham, the Region of York, and the Ministry of Environment; and 6. THAT all interested parties listed in Report PSD- 052 -11 and any delegations be advised of Council's decision. CARRIED AS AMENDED (See following motions) Resolution #GPA- 445 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT the foregoing Resolution #GPA- 444 -11 be amended as per the Addendum to Report PSD- 052 -11 as follows: THAT Recommendation 2c) be amended by adding the words "If technically feasible from an operational perspective "; THAT Recommendation 2 e) and f), be amended to read "....and the frequency of sample collection and analysis be initially set at biweekly and reduced over time if the results being obtained are as projected; "; and THAT Recommendation 3 be deleted and the remaining recommendations renumbered. MOTION LOST Resolution #GPA- 446 -11 Moved by Councillor Traill, seconded by Councillor Hooper THAT the foregoing Resolution #GPA- 444 -11 be amended by adding the following as Recommendation 5: "THAT Addendum Report PSD- 052 -11 be received for information." CARRIED -21 - 4 -21 General Purpose and Administration. Committee Minutes June 13, 2011 Resolution #GPA -447 -11 Moved by Councillor Trail, seconded by Councillor Woo THAT the foregoing Resolution #GPA- 444 -11 be amended by adding item 2g) as follows: "THAT high sensitivity continuous monitoring of fine particulate matter and organic matter be implemented as a fundamental condition of the Certificate of Approval; ". CARRIED LATER IN THE MEETING (See following motions) CLOSED SESSION Resolution #GPA- 448 -11 Moved by Councillor Neal, seconded by Councillor Traill THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that is subject to solicitor - client privilege, including communications necessary for that purpose. CARRIED RISE AND REPORT The meeting resumed in open session at 5:25 p.m. with Mayor Foster in the Chair. The Mayor advised that the closed session was held to discuss a matter that dealt with advice that is subject to solicitor - client privilege including communications necessary for that purpose, one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. DURHAM -YORK ENERGY FROM WASTE PROJECT CLARINGTON COMMENTS ON CERTIFICATE OF APPROVAL APPLICATION (AIR) (Continued) The foregoing amending Resolution #GPA- 447 -11 was then put to a vote and carried. The foregoing Resolution #GPA- 444 -11 was then put to a vote and carried as amended. -22- 4 -22 General Purpose and Administration Committee Minutes June 13, 2011 PRESENTATION OF JOHN PRESTA AND SUSAN SELF REGARDING THE CTC SOURCE WATER PROTECTION PLAN UPDATE Resolution #GPA -449 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT John Presta and Susan Self be thanked for their presentation regarding an update on the Source Water Protection Plan; and THAT John Presta and Susan Self be asked to keep the Council of the Municipality of Clarington apprised of the progress of the Source Water Protection Plan. CARRIED DELEGATION OF TED MESZAROS REGARDING THE MORGAN'S ROAD COMMERCIAL FILL OPERATION Resolution #GPA -450 -11 Moved by Councillor Woo, seconded by Councillor Neal THAT Ted Meszaros be thanked for his delegation regarding the Morgan's Road Commercial Fill Operation; and THAT his comments be forwarded to Anne Taylor Scott, who will be fulfilling the role of communicating information pertaining to Morgan's Road to the residents. CARRIED DELEGATION OF RICHARD WARD REGARDING THE ONGOING PROPERTY STANDARDS SITUATION AND REASONS Resolution #GPA- 451 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the delegation of Richard Ward be received; and THAT that Mr. Ward be advised of previous actions taken. CARRIED W491E 4 -23 General Purpose and Administration Committee Minutes June 13, 2011 OTHER BUSINESS PETITION REQUESTING BUS SERVICE TO NEWTONVILLE Councillor Partner presented a petition (with approximately 400 signatures) from Mr. Wallace Boughton requesting bus service to Newtonville. Resolution #GPA- 452 -11 Moved by Councillor Partner, seconded by Councillor Woo THAT Mr. Wallace Boughen's petition requesting Durham Transit and GO Bus service to Newtonville be referred to the Durham Region Transit, Metrolinx and Staff. CARRIED MORGAN'S ROAD COMMERCIAL FILL OPERATION — REQUEST TO THE GANARASKA REGION CONSERVATION AUTHORITY Resolution #GPA- 453 -11 Moved by Councillor Partner, seconded by Councillor Woo WHEREAS the placement of commercial fill as the ongoing activity at the property municipally known as 4148 Regional Highway 2, Newcastle (the "Property "); AND WHEREAS Ontario Regulation 168/06 (Ganaraska Region Conservation Authority: Regulation of Development, Interference with Wetlands, alteration to Shorelines and Watercourses) regulates the placing and dumping of fill in areas under the jurisdiction of Ganaraska Region Conservation Authority ( "GRCA "); AND WHEREAS the entire Property is within an area regulated by the GRCA under Ontario Regulation 168/06; AND WHEREAS accordingly Clarington's Site Alteration By -law No. 2008 -114 does not and cannot apply to the Property (subsection 142(8) of the Municipal Act, 2001 and section 3.4 of By -law No. 2008 -114; AND WHEREAS on June 30, 2010 GRCA issued a permit under Ontario Regulation 168/06 which expires June 30, 2011; 4 -24 General Purpose and Administration Committee Minutes June 13, 2011 NOW THEREFORE BE IT RESOLVED that the Municipality of Clarington request that G RCA, (a) consider using the MOE Director's Order #333- 8FN29D -1 as a minimum requirement before any new permit is issued; and (b) provide support or information as required to the MOE before or during the Environmental Review Tribunal preliminary hearing scheduled for Wednesday, July 13, 2011. CARRIED ALLOWING EXOTIC ANIMALS TO ENTER CLARINGTON FOR EDUCATIONAL PURPOSES Resolution #GPA- 454 -11 Moved by Councillor Traill, seconded by Councillor Partner THAT Staff be requested to prepare a report regarding allowing exotic animals to enter the Municipality for educational purposes. CARRIED RAISING FUNDS FOR "WALK A MILE IN HER SHOES" Mayor Foster informed the Committee that if Bethesda House raises $1000 during the "Walk a Mile in Her Shoes" campaign he will shave his beard. If they raise $1500, he will shave his beard and moustache. If they raise $2000 he will shave his beard, moustache and head. 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. -25- 4 -25 General Purpose and Administration Committee Minutes June 13, 2011 ADJOURNMENT Resolution #GPA- 455 -11 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 5:46 p.m. MAYOR 4 -26 -26- MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS GPA Meeting: June 27, 2011 (a) Representative from the Orono Rod and Gun Club, Regarding Report CLD- 017 -11, Amendments to Noise By -law NOTICE OF INTENTION TO PROCEED WITH HIGHWAY CLOSING AN UNOPEN ROAD ALLOWANCE (LORD ELGIN STREET) SITUATED IN LOT 12, CONCESSION 2 IN THE FORMER TOWN OF BOWMANVILLE Take Notice that the General Purpose and Administration Committee of the Corporation of the Municipality of Clarington, at the meeting to be held in the Council Chambers, 40 Temperance Street, Bowmanville, Ontario on June 27, 2011 at 9:30 AM intend to pass a- by -law to stop up and close a portion of an unopen road allowance (Lord Elgin Street) situated in Lot 12, Concession 2 in the former Town of Bowmanville, now in the Municipality of Clarington. And Further Take Notice That before passing the said by -law, the Committee of Council, shall hear in person, or by his Counsel, Solicitor or Agent, any person who claims that his land will be prejudicially affected by this future by- law and who applies to be heard. Patti L. Barrie, A.M.C.T. Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 1��tftad Allowance be Closed and Cm v g : J.Lord. Elgin S BEY MAP 7 -1 Leadi�:g tke Way Z n 44:101ai Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 27, 2011 Resolution #: By -law #: Report #: PSD- 057 -11 File #: ZBA 2011 -0018 Subject: APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 057 -11 be received; 2. THAT the application submitted by D.G Biddle & Associates on behalf of Prestonvale Developments Inc. to remove the Holding (H) symbol be approved; 3. THAT the attached By -law to remove the Holding (H) symbol from Lots 1 to 74 (Phase 3) be passed and that the Region of Durham be forwarded a copy of Report PSD- 057 -11; 4. THAT a By -law be forwarded to Council for removal of the Holding (H) symbol from Lots 1 to 58 (Phase 4) at such time as that phase of the Draft Approved Plan of Subdivision is registered and all Conditions of Draft Approval, financial or otherwise, have been satisfied and that said By -law be forwarded to the Regional Municipality of Durham; and 5. THAT all interested parties listed in Report PSD- 057 -11 and any delegations be advised 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 REPORT NO.: PSD- 057 -11 Submitted by: Cv avid J. Crome, MCIP, RPP Director, Planning Services CS /CP /df /ah 21 June 2011 PAGE 2 Reviewed by: Franklin Wu Chief Administrative Officer REPORT NO.: PSD- 057 -11 1.0 APPLICATION DETAILS 1.1 Applicant: Prestonvale Developments Inc. 1.2 Agent: D.G. Biddle & Associates Ltd. PAGE 3 1.3 Location: North of Bloor Street and east of Prestonvale Road, Courtice, being Part of Lots 32 and 33, Concession 2, former Township of Darlington (Attachment 1) 1.4 Rezoning: Removal of Holding (H) symbol.from "Holding — Urban Residential Exception ((H) R2 -58) ", "Holding - Urban Residential Exception ((H) R2- 75) ", and "Holding — Urban Residential Exception ((H) R2 -76)" :101,11 ►C 2.1 On June 7, 2011, staff received an application from D.G. Biddle & Associates on behalf of Prestonvale Developments Inc. for the removal of the Holding (H) Symbol for Phases 3 and 4 within the limits of Draft Approved Plan of Subdivision 18T- 95026. The by -law to remove the holding symbol for Phase I and Phase II was approved by Council in October 2010. Phase 3 consists of 74 single detached units. Phase 4 consists of 58 single detached units and a townhouse block (see Attachment 2). The subdivision agreement for Phase 3 has been prepared and registration is imminent. Removal of the Holding (H) symbol is usually required after registration of the Plan of Subdivision however, given that Council recesses during the summer, the applicant has requested removal of the Holding (H) symbol on Phase 3 to ensure the housing construction can begin in a timely manner. 2.2 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: 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 this plan. 2.3 The subject lands are zoned "Holding — Urban Residential Exception ((H) R2 -58) ", "Holding — Urban Residential Exception ((H) R2 -75) ", and "Holding — Urban Residential Exception ((H) R2 -76) ". As outlined in paragraph 2.2, Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol. No building permits can be considered until the Holding (H) symbol is removed. REPORT NO.: PSD -057 -11 3.0 STAFF COMMENTS PAGE 4 3.1 The subject lands are located within the Courtice urban area. The creation of the lots is consistent with the approved draft plans of subdivision for residential units. The Subdivision Agreement for Phase 3 has been prepared and it is currently with the applicant for execution. The applicant has posted securities for road construction and anticipates housing construction to commence later this summer. Staff are preparing for the Subdivision Agreement for Phase 4 and registration is expected next year. 3.2 It is noted that pursuant to Section 36 of the Planning Act, a Zoning By -law amendment to remove the Holding (H) symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final and binding upon Council's approval. 4.0 CONCLUSION 4.1 As noted above, the Subdivision Agreement is with the applicant for execution and registration of Phase 3 of this development is imminent and the applicant has posted the required securities. Staff would have no objection to the removal of the holding symbol at this time. Staff will forward a by -law to Council for Phase 4 once it is registered. 4.2 In consideration of the comments noted above, approval of the removal of the Holding (H) symbol as shown on the attached By -law (Attachment 3) and schedule is recommended. Staff Contact: Cynthia Strike Attachments: Attachment 1: Key, Map - Phase 3 Attachment 2: Key Map - Phase 4 Attachment 3: By -law List of interested parties to be advised of Council's decision: Prestonvale Developments Inc. D.G Biddle & Associates Ltd. Region of Durham Planning Department , 0 z 0 o D � v o 3 cn ro v � N � N N Property Location Map (Courtice) Y Z N �, O WET ROPO � Qp4 A JE D OTa µEp PEE ��TtP NE Q VOaKNLLEO y� aW z ij J°HNWATEa FWNDO,F O 0 65 2 Y 66 Subject Site Z 69° b2 71� d 62 m 10 15 d k� p d d 61 J1 ° p o 60 J2 wa 7 �� 13 X20 59 �� d6 5$ IN m 12 �r C 19 ill D2 d8 56 d9 g5 N;A g6 10 y2 o d °� 1p A 21 2d e O -y5 52 OQ° 9 Aw1 22 - 65 226 2029 °� ��P ZBA 2011 -0018 Phase 3 d 3 2� Zoning By -law Amendment 2a 2 1 18T -95028 Draft Plan of Subdivision Owner: Prestonvale Development Inc. N 0 z 0 o D � v o 3 cn ro v � N � N N 0 m o D r+ N A CU O 3 U'1 F� N Property Location Map (Courtice) I � ° d� ORESGEN� � N Y 7 PVON°F � �RZ JOHN WALTER C RESCENT G ORS lE ORNE E 6 a � JOHN`N��0. �'1 SOJpµE FOUND � WP °E 2 CRfS°EN( 2 8 b d % _ 3 Mq� 9 OKEPOPO NST O p OJ h 0 110) 4 5 P BLOCK 60 WILLIAM INGLIS DRIVE 6 Subject 25 w > 7 Site 0 N N N N M r'] M M r7 M M N7 24 0 LU 8 9 O 23 J 10 10 22 Z s3 52 2 21 12 13 20 BLOCK 59 54 Q 19 4 J 18 5 55 ZBA 2011 -0018 Phase 4 17 56 Zoning By -law Amendment 6 MEADOWGLADE ROAD 57 5a 18T -95028 Draft Plan of Subdivision Owner: Prestonvale Development Inc. LiN 0 m o D r+ N A CU O 3 U'1 F� N CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2011- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the Corporation of the Municipality of Clarington to implement Phase 3 and 18T- 95026; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: Attachment 3 To Report PSD- 057 -11 1. Schedule "4 — Courtice" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Exception'((H) R2 -58) Zone" to "Urban Residential . Exception (R2 -58) Zone "; "Holding - Urban Residential Exception ((H) R2 -75) Zone" to "Urban Residential Exception (R2 -75) Zone; "Holding — Urban Residential Exception ((H) R2 -76) Zone" to "Urban Residential Exception (R2 -76) Zone; and 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 BY -LAW read a second time this day of BY -LAW read a third time and finally passed this day of Adrian Foster, Mayor 2011 2011 2011 Patti L. Barrie, Municipal Clerk • . --A This is Schedule "A"to By-law2011- passed this day of 1 �i•OO�S•O'�a!Oc ♦ +A��iYAY♦ • � �•A• fYA•`A•A f��� A� ♦AOA�A;��.AA♦ _ - �AA•�A+>A�AA.A�AYA�� - - -- . �OAA' Gft�A ♦ � �i AAAi�OAiA•1fi�i.� 'AAG!A'AO�A'O`A•O•�•i'A�A•� ; ,Af� Af'.iA.�.iAA� iAA�� �AAOAAA�GAV��' ,� .'A'A�•'i'A•��1 v't�i'f'ai'••i'��AQ�; �Aa 1 i1t AAA fA ^1AA�� � �'AfGAi��'�•, ..AAOAIA.�AAOA'. t f .•�A1AI�AAO�i�OA���JA�N� ...AA..A�i A•..At'A.�A. Af ., AfA• JA:,,��,'�t�•A�.•.A•D�AAJ�AJ•A �. ft�, � ��i• �' pAA• A�Afi� S�f�A•A�'iAA�A1A•i'�'j'A•t,I �a� I i���A�:• �.G•�'A•AA•A• iA��A A•1AO-t�fi4f ��f f t��i �1��QAY1.1A.A•AiQ�A� •A•iiAG'�AA•At1`J �A�i �•I •A,`��•n � i•A�� � I �y � �/ /.,� MONO, AiYA• �A �� ` f•A•O��A�A1,��6�A�� �/ �i!►A�•tP , � , �iYAffA� .AYAA '��� � �. ROM 14,20 09 WAR.- . �- . �- �,,��� �� "�� "„� "► /I� /� %���� ♦-��I / /1� 111 \��� = 111:��` y° _ � � `� • �- ��� �_ •__ ��'i � � �� ►�� �� ■j 111111 :i���� 1� ®rm � : = ,'QI:!IIIIIIIIIIIIIIIII � IIIIIIIIIIIIIIIIIIIIz - - IIIIIIIII1111= _IIIIIIIIIIIIIIIIII 111 II _ 11111111111111111 i� � � 11111/1111 _ �� � .� X01 � , � ice+ •• �'�� Illtelllll► i11111D��,,: i �IIII 11111111\/ /I� ! •IIIIIIIIID���� � i 111111 111111111111111111• ���� p � ia.a♦ _ IIIIIIIII�1111111111111111111111111 - - %IIIIIIIIIIII \D�,��I 11111 1111111111111 IIIIIIIIIIID , 1���Q \11111111:IIIIIIIIIIIIIID�_ ;' all— � Jam. Date: June 27, 2011 Resolution #: By -law #: Report #: PSD- 058 -11 File #: 18T -89048 Subject: PROPOSED AMENDMENT TO CONDITIONS OF DRAFT APPROVAL DRAFT APPROVED PLAN OF SUBDIVISION 18T -89048 OWNER: VELTRI & SONS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 058 -11 be received; 2. THAT the proposed Amendment to Conditions of Draft Approval for Draft Approved Plan of Subdivision 18T -89048 to delete the requirement for a pedestrian connection, as contained in Attachment 3, to this Report be APPROVED; and 3. THAT the Region of Durham, Kawartha Pine Ridge District School Board and the interested parties listed in Report PSD- 058 -11 be advised of Council's decision. Submitted b Reviewed by: vid J. Crome, MCIP, RPP Franklin Wu, ` Director of Planning Services Chief Administrative Officer CS /CP /df /ah 20 June 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 • REPORT NO.: PSD- 058 -11 1.0 APPLICATION DETAILS 1.1 Owner: Veltri and Sons Limited 1.2 Agent: Sernas Associates PAGE 2 1.3 Proposed Amendment to Conditions of Draft Approved Plan of Subdivision 18T- 89048: To amend conditions of draft approval by deleting the requirement for a pedestrian connection from the Draft Approved Plan of Subdivision to Newtonville Road, to permit construction of 19 residential units being Phase 2 of Newtonville Estates. 1.4 Location: The subject site is located in the southeast quadrant of Newtonville, on the proposed extension of Jones Avenue, being Part Lots 7 and 8 Concession 1 in the former Township of Clarke. 2.0 BACKGROUND 2.1 On December 13, 2004, Council endorsed Report PSD- 138 -04 approving Plan of Subdivision 18T -89048 for 39 residential units (Veltri's Newtonville Estates) and authorized the Director of Planning Services to issue Conditions of Draft Approval. Draft Approved Plan of Subdivision 18T -89048 is immediately abutting the east limits of Draft Approved Plan of Subdivision 18T -87083 ( Newtonville Gardens) (see Attachment No. 1). 2.2 The Conditions of Draft Approval for 18T -89048 required the construction of Jones Avenue within the draft plan to be designed to connect to the future portion of Jones Avenue within Draft Approved Plan of Subdivision 18T- 87083. Furthermore, should the Veltri plan of subdivision proceed in advance of the Draft Approved Plan of Subdivision 18T -87083 to the west, a hard surfaced walkway from the westerly boundary of 18T- 89048 at Jones Avenue to the easterly limit of the existing Jones Avenue was to be provided. The walkway would stay in place until 18T -87083 was developed and the road connection completed. The pedestrian connection would provide safe passage for children from within the subdivision to Newtonville Public School, located on Newtonville Road. Mr. Veltri was required to negotiate an easement over the intervening draft approved lands in order to facilitate such a walkway, if the necessary lands could be purchased. The Municipality of Clarington was required to clear this condition of Draft Approval, not the Kawartha Pine Ridge District School Board. 2.3 In May 2006, Mr. Veltri advised Council that he was unsuccessful in his attempts to negotiate with the adjacent landowner (18T- 87083) to obtain an easement for the walkway. Mr. Velti requested Council to revise Condition 34 to allow Phase 1, containing 20 lots, to be developed without a walkway connection. In Staff Report PSD - 064-06 (Attachment 2), Staff did express concern that the walking distance to Newtonville Public School through the Jones Avenue extension was considerably shorter than the alternative being along Paynes Crescent to Durham Highway 2 and south on Newtonville Road. There were no sidewalks along Highway 2 or Newtonville Road, at that time. l REPORT NO.: PSD -058 -11 PAGE 3 However, Council approved an amendment to Conditions of Draft Approval which added a warning clause registered on title of the 20 lots advising purchasers that children attending Newtonville Public School from a dwelling unit within Phase I would have to walk north to Highway 2, west to Newtonville Road and then south to the school. All other Conditions of Draft Approval remain unchanged. Mr. Veltri was able to proceed with Phase 1, registered as 40M -2357. 3.0 PROPOSED AMENDMENT TO CONDITIONS OF DRAFT APPROVAL 3.1 Since this amendment to the Conditions of Draft Approval, the Kawartha Pine Ridge District School Board closed the Newtonville Public School effective August 31, 2008, The Newtonville students were relocated to Newcastle Public School for the 2008/09 school year and onwards. Based on the school closure, Mr. Veltri is requesting an amendment to the conditions to remove the requirement for the pedestrian connection, so that he can proceed with registration of Phase 2. 4.0 STAFF COMMENTS 4.1 Staff contacted the Public School Board, and were informed that the former Newtonville Public School building is currently being used by the Board for Maintenance and Information Technology purposes. At this time, there are no plans to either re -open or dispose of the former Newtonville Public School site. 4.2 The portion of Jones Avenue that is yet to be constructed is within 18T- 87083. Once that subdivision proceeds the developer will be required to make the road connection. Until then residents within Newtonville Estates will have to continue to use Payne Crescent and Highway 2 to reach destinations west. However, sidewalks have been installed on both sides of Highway 2 from Paynes Crescent west and along Newtonville Road, south. 4.3 Since the Newtonville Public School is closed, the requirement for the pedestrian connection through the lands to the west is less of a factor. In the fullness of time Jones Avenue will be constructed to serve as a vehicular and pedestrian connection. Should Committee approve the amendment to Condition of Draft Approval, the applicant will be required to amend the Subdivision Agreement to delete the appropriate condition. 5.0 RECOMMENDATION 5.1 Staff have no objection to removing the condition for pedestrian connection and recommend that Committee approve the Amendment to the Conditions of Draft Approval as shown on Attachment 3 to this Report. Staff Contact: Cynthia Strike REPORT NO.: PSD- 058 -11 Attachments: Attachment 1 - Key Map Attachment 2 - PSD- 064 -06 Attachment 3 - Amendment to Conditions of Draft Approval List of interested parties to be notified of Council's decision: Mario Veltri Sernas & Associates Attn: Nick Mensink, P. Eng i PAGE 4 POIA eN� hp-. t. Leading the Way Attachment 2 To Report PSD- 058 -11 Meeting: COUNCIL Date: Monday, May 29, 2006 Report #: PSD- 064 -06 File #: 18T - 89048 By -lawn #: Subject: REVIEW OF CONDITION 34 OF DRAFT APPROVED PLAN OF SUBDIVISION 18T -89048 OWNER: VELTRI & SONS LIMITED RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD - 064 -06 be received; 2. THAT in consideration of the direction provided by General Purpose. and Administration Committee to staff at their May 23, 2006 meeting, that Condition 34 of Draft Approved Plan of Subdivision 18T- 89048, as Draft Approved on December 13, 2004 (Report PSD - 138-04) be deleted and replaced with a new Condition 34 as contained in the Attachment #4; 3. THAT the Region of Durham, Kawartha Pine Ridge District School Board and the interested parties listed to this report be advised of Council's decision. Submitted by: ZX29k_ D vi . Crome, M.C.I.P., R.P.P. Director of Planning Services CS /CP /DJC /jd May 25, 2006 Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 8 -14 REPORT NO.: PSD- 064 -06 1.0 INTRODUCTION PAGE 2 1.1 At the General Purpose and Administration Committee of May 23, 2006, Mr. Nick Mensink of Sernas Associates appeared before Committee on behalf of Mr. Mario Veltri requesting that the Condition 34 to Draft Approved Plan of Subdivision 18T 89048 ( Newtonville Estates) be revised to allow Phase 1, containing 20 lots, to be developed without.a walkway connection to the existing portion of Jones Avenue and Newtonville Public School. Committee passed the following resolution: "THAT the delegation of Nick Mensink, Sernas Associates, on behalf of Mario Veltri be referred to staff to report back to Council within one . week concerning the request to proceed with phasing of the Newtonville Estates Development. ". 1.2 Although it is not specifically stated in the.resolution, it was the committee's intention to permit .the phasing without the walkway connection being required for the first 20 lots. 2.0 BACKGROUND 2.1 On December 13, 2004, Council endorsed Report PSD - 138 -04 approving Plan of Subdivision 18T -89048 for a 39 unit residential plan of subdivision (Veltri's Newtonville Estates) and authorized the Director of Planning Services to issue Conditions of Draft Approval. Plan of Subdivision 18T -89048 is in the south east quadrant of Newtonville and is immediately abutting the east limits of draft approved plan of subdivision 18T- 87083 ( Newtonville Gardens) (see Attachment No. 1). 2.2 Comments from the Kawartha Pine Ridge District School Board, were contained in Staffs Report, requesting that adequate provision for sidewalks be made.. Specifically, should the Veltri plan of subdivision proceed in advance of the draft approved plan of subdivision 18T -87083 to the west, a hard surfaced walkway from the westerly boundary of 18T -89048 at Jones Avenue to the easterly limit of the existing Jones Avenue was to be provided. The walkway would stay in place until Plan 18T -87083 is developed. The Owner is required to negotiate an easement over the intervening draft approved lands in order to facilitate such a walkway, if the necessary lands can not be purchased. Maintenance of the walkway is to be provided year round at no cost to the Board. Based on this comment condition of Draft Approval No. 34 was included (see Attachment No. 2 ). The Municipality of Clarington is required to clear this condition of Draft Approval, not the Kawartha Pine Ridge District School Board, 3.0 STAFF COMMENTS 3.1 Mr. Veltri has been unsuccessful in his attempts to negotiate with the adjacent landowner (18T 87083) to obtain either an easement to provide the walkway or acquire the lands to provide for the extension of Jones Avenue. Mr. Veltri is requesting , to proceed with twenty lots, in the first phase of the subdivision without implementing the 8 -15 REPORT NO.: PSD- 064 -06 PAGE 3 requirements of Condition 34, but deferring the condition until Mr. Veltri proceeds towards the registration of Phase II.. Mr Veltri and Mr Mensick suggested a warning could be registered on title of the 20 lots advising that purchasers that children attending Newtonville Public School from a dwelling unit in Phase I would have to walk north to Highway 2, west to Regional Road 18 and than south to the school. 3.2 Staff discussed the matter with Staff at the Kawartha Pine Ridge District School Board and they offered no objection to Phase I proceeding without the installation of a pedestrian connection though Jones Avenue. 3.3 Staff from Planning Services and Engineering Services have reviewed the proposal and offer the following comments. 3.3.1 The walking distance from the mid -point of the draft approved plan of subdivision to the Newtonville Public School 'through Jones Avenue extension is approximately 710 metres. The walking distance from the mid -point of the draft approved plan via the extension of the road yet to be constructed between Lots 6 &7 to Highway 2 and along Regional Road 18 is 1770 metres; a difference of approximately one (1) kilometre. There are no sidewalks along Highway 2 or Regional Road 18 (See Attachment No. 3). It would be preferable to provide a more direct route to the school. The Engineering Services Department does not endorse directing pedestrians along Highway 2 and Regional Road 18 due to lack of sidewalks on these busy roads. 3.3.2 At the present time there are a number of pedestrian pathways through the bath plans of subdivision 18T -89048 ( Newtonville Estates) and 18T -87083 ( Newtonville Gardens). Deferring the installation of this connection may increase trespassing through the privately owned lands or may trigger a request from future residents for the installation of a sidewalk connection. 3.3.3 All other Conditions of Draft Approval remain unchanged by the request, with the exception of Condition 34, and are to be fulfilled by the applicant. 4.0 RECOMMENDATIONS 4.1 The applicant suggested that a Condition be added to the purchase and sale agreements advising purchasers in Phase 1 that access to the school on Regional Road 18 will be by way of Payne Crescent and Highway 2. To facilitate the direction provide by the General Purpose and Administrative Committee, staff respectfully request that a revised Condition 34, as shown on Attachment 4 be approved. Attachments: Attachment No. 1 - Key Map Attachment No. 2 - PSD- 138 -04 Attachment No. 3 - Possible Commuting Routes Attachment No. 4 - Revised condition No. 34 Am REPORT NO.: PSD- 064 -06 List of interested parties to be notified of Council's decision: Mario Veitri Nick J, Mensink, P, Eng PAGE 4 8 -17 REVISED CONDITION OF APPROVAL OF FINAL PLAN REGISTRATION "34. The Owner agrees that should development of 18T -89048 proceed in advance of Draft Approved Plan of Subdivision 18T- 87083, the Owner shall be responsible to construct and maintain a pedestrian connection from the west limits of the proposed extension to Jones Avenue, as shown on Draft Approved Plan of Subdivision 18T- 898048, to the existing limits of Jones Avenue. a) Prior to the registration of the first phase of the Draft Plan of Subdivision or the issuance of an authorization to commence works within first phase, whichever occurs first, to satisfy one of the following conditions: i) Obtain an easement over the future right -of -way for the extension of Jones Avenue from the abutting property owner of draft plan of subdivision 18T -87083 to permit the installation by the Owner, at its cost, of a hard surfaced walkway, constructed to the satisfaction of the Director of Engineering Services from the westerly limits of the proposed extension to Jones Avenue as shown on draft plan of subdivision 18T- 89048 connecting with the existing limits of Jones Avenue. Said walkway will be constructed within the first phase of development of draft plan of subdivision 18T- 89048. Maintenance of the walkway is to be provided year round by the Owner until such time as the extension of Jones Avenue through draft plan of subdivision 18T -87083 has been constructed to municipal standards and transferred to Municipal ownership; •M ii) The lands required for the extension of Jones Avenue within draft plan of subdivision 18T -87083 have been acquired and will be constructed by the Owner to municipal standards as part of the first phase of development within draft plan of subdivision 18T- 89048. Said lands will be transferred free and clear of all encumbrances to the Municipality following the construction and acceptance of the extension of Jones Avenue." b) Notwithstanding the requirements of Condition 34 a) above, registration of the first phase of development, up to a maximum of 20 lots, may proceed without provision of the walkway provided that the Owner registers the following clause on the title of each lot within the first phase: "NOTICE TO PARENTS Children attending Newtonville Public School will be required to walk to school going north from Jones Avenue and Paynes Crescent to Durham Highway No. 2, east on Durham Highway No. 2, and then south on Regional Road 18 to the school," Am C .. U u Leading the Way Attachment No. 2 To Report PSD- 064 -06 PLANNING SERVICE.? Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date.: Monday, November'15, 2004 966� Report #: PSD- 138 -04 File #: 18T -89048 and DEV 89 -029 By -law #: Subject: REZONING AND PLAN OF SUBDIVISION TO PERMIT A 39 UNIT RESIDENTIAL DEVELOPMENT VELTRI AND SON LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 138 -04 be received; 2. THAT the application for proposed Draft Plan of Subdivision 18T�89048, as amended and submitted by Semas Associates on behalf of Veltri_and Son Limited (Newtonville Estates) be APPROVED and that the Director of Planning Services be authorized to issue .Draft Approval, subject to the conditions as contained in Attachment 2; 3. THAT the application.-to amend Zoning By -law 84 -63, be APPROVED and that the amending by -law, as per Attachment 3 be forwarded to Council for approval; 4. THAT a by -law to remove the "Holding (H)" symbol be forwarded to Council at such time. that all the conditions for the related plan of subdivision have been fulfilled; 5. THAT- the Mayor and Clerk be authorized by By -law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington and at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; 6. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and; 7. THAT all interested parties and any delegations be advised of Council's decision. u REPORT NO.: PSD- 138 -04 PACE 2 Submitted by: Reviewed by: D i . Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer BR *LT *DJC *df 4 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 06 8 -22 REPORT NO.: PSD- 138 -04 PAGE 3 1.0 APPLICATION DETAILS 1.1 Owner: Veltri and Son Limited 1.2 Applicant/Agent: Semas Associates 1.3 Rezoning: from "Agricultural (A) Zone" to "Residential Hamlet Exception (RH- 17) Zone" in order to permit the proposed draft plan of subdivision. 1.4 Area: 30,336 hectares (74.96 acres) 1.5 Location: The area subject to the proposal is located in the south eastern quadrant of Newtonville, on the proposed easterly extension of Jones Avenue and south of Paynes Crescent. The legal description is Part Lot 7, Concession 1, former Township of Clarke. 2.0 BACKGROUND 2.1 On November 29, 2002, the Planning Services Department received the last of the revision documents required to circulate the revised proposed plan of subdivision and related zoning by -law amendment application. The subdivision application proposes to create 39 lots for single- family detached dwellings, a storm water management block, a block reserved by the owner and local roads. 2.2 A public meeting for the proposed plan of subdivision and rezoning was held on January 6, 2003. Three neighbours spoke with concern for aspects of the subdivision proposal. 2.3 One neighbour was the organizer of a petition that was signed by eight households from Jones Avenue to oppose the proposal due to pre- maturity regarding lack of community services. To the signers it appeared Jones Avenue would be the sole access to the entire subdivision placing an inappropriately large traffic burden on this street and imperilling emergency access. They foresaw approximately 80 vehicles per day using the street from the proposed subdivision. They said this figure would increase when the developer started building on Block 41 and that the Veltri lands plus the Quadrillium lands could generate as much as 250 vehicles per day travelling on Jones Avenue. It was noted these vehicles would be generally travelling past Newtonville Public Elementary School making the traffic situation at the school much worse. A second access was suggested using either the road allowance extending north to Paynes Crescent or a westerly extension to Street "B" to connect to Newtonville Road. REPORT NO.: PSD- 138 -04 PAGE 4 They stated septic systems for all of the above - mentioned houses would, in total, be an environmental nightmare. They suggested this housing was on the "Ganaraska Forest Watershed ". Concern was expressed as to what the storm water runoff "would do" to Highway 401 and lands and wells to the south. They argued more houses in the area will necessitate more policing and taxes to pay for it, and specifically, additional youth from .the new housing would generate a further policing problem given the area's relative lack of transit and recreational opportunities. 2.4 The other two neighbours agreed with the petitioners and one claimed approval of the proposal would double Newtonville's population. 2.5 No one spoke in support of the applications. The agent for the owners, G.M. Semas & Associates, noted that the lands are designated residential and that a detailed hydrogeological analysis has been undertaken. Half-acre' alf acre lots will be in the northern and western portions of the site and the owner is willing to use the unopened road allowance between Part Lots 6 and 7. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The topography of this now vacant property is relatively flat, with a gentle incline toward the southeast where the Bouchette Point Creek and its valleylands are situated. The property is almost completely within the Lake Iroquois Beach /Shoreline. A liftle over half the site - its east - central and southern portions (Block 41, reserved by the owner and the subdivision's nitrate dilution area) are generally covered with tableland woodlot. The subdivision's 39 dwellings are proposed for the northern portion of the property. 3.2 The surrounding land uses are as follows: North: Hamlet Residential with frontage on Paynes Crescent South: Highway 401 East: Valieylands, Tableland Woodlot and Meadowlands West: 28 unit Draft Approved Plan of Subdivision on Valleylands, .Tableland Woodlot and Meadowlands 4.0 OFFICIAL PLAN CONFORMITY 4.1 The Durham Regional Official Plan designates the property Hamlet. In Policy 13.3.5, �. new municipal water service to a Hamlet is intended. for only the hamlet area delineated in the Area Municipal Official Plan. Municipal water service was extended to Newtonville in 1989. The application subject to complying with the relevant portions of Policy 13.3.9 would conform to the Regional Plan. Regional staff will be providing comments on these matters. 8 -23 REPORT NO.: PSD- 138 -04 PAG E 5 4.2 The Clarington . Official Plan designates the 'southern portion of the property Environmental Protection Area and the remainder Hamlet Residential. A significant valleyland runs along the southern edge of the property and a tableland woodlot is located on the north side of the valleylands. Policies within the Plan sfipulate an_ Environmental Impact-- Study -is to-be- undertaken for any development applications located within or adjacent to any natural features identified in the Plan's Natural Features and Land Characteristics Map. An Environmental Impact Study is required and it is now complete. The draft Plan of Subdivision as submitted meets the policy requirements of the Official Plan, 5.0 ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, the subject property is zoned in part "Agricultural (A)" and in part "Environmental Protection (EP) ". The proposed development does not conform, hence, the rezoning application. 6.0 AGENCY COMMENTS 6.1 The application was circulated to various agencies and other departments. Comments and-requested conditions of draft approval received to date are as follows. 6.2 The Regional Police Service and-Hydro One Networks Inc,-had no concerns. 6.31 The separate school board requested that adequate provision for sidewalks be made. 6.4 The public school board requested that adequate provision for sidewalks be made. Specifically, a hard surfaced walkway is requested from the westerly boundary of 18T- 89048 at Jones Avenue to the easterly limit of the existing Jones Avenue. This walkway shall stay in place until Plan 18T -87083 is developed. Maintenance of the walkway is to be provided year round at no cost to the Board. This request has been included in the Conditions of Draft Approval 6.5 The Clarington Emergency and Fire Services Department noted that the maximum length of a dead end street without a turn - around is 90 metres. 6.6 The Engineering Services Department offered no objections to the application and provided a list of requirements which have been included in the list of Conditions of Draft Approval in Attachment 2. M_ 6.7 The Regional Planning Department commented the subject property is in the Hamlet of Newtonville and hamlets shall be the predominant location for rural settlement. Hamlet settlement shall have a potable water supply and soil that is satisfactory for private sewage systems for each proposed lot, all in compliance with the standards of the Region and the Ministry of the Environment. The Department further noted that a REPORT NO.: PSD- 138 -04 PAGE 6 hydrogeological report was provided by the owner and peer reviewed to the satisfaction of the Region. A site servicing plan and a final subdivision grading plan are to be submitted to the satisfaction of the Regional Health Department in accordance with Policy 13.3,9. The proposed plan of subdivision appears to conform to the Regional icral- I'tanT- Regarding the Region's delegated review responsibilities for provincial interests, there may be a noise problem for the subdivision due to the proximity of Highway 401, A Noise Impact Study should be submitted to address noise from this highway, in accordance with provincial criteria and regional policy. The Region noted the preparation of the Environmental Impact Study (jointly coordinated by Clarington and the Ganaraska Conservation Authority) that examined the proposed subdivision's impact on the various environmental features and functions found in the woodlot' and associated environmental protection area in the south portion of the property. Also noted was the proposed storm water management facility that was intended to mitigate impacts on the above environmental features and functions. -The Region commented that the conservation authority must be satisfied in regards to the above issues. Regional water service was to be accessed from the Jones Avenue watermain and the Paynes Crescent watermain. For the latter watermain the Owner will be required to extend it south on the Lots 6 & 7 unopened road allowance to the extended Jones Avenue and then westerly to the Jones Avenue watermain including through the future development of the Plan of Subdivision on the west (18T- 87083). A 6.0 metre watermain easement will be required from the existing Jones Avenue through the future development of 18T- 87083. Regarding regional development charges and water supply capacity charges, through agreement with the Region, the owner has a credit for 33 housing units. With the proposed 39 unit plan, the Owner will be required to purchase 6 units of water supply capacity at $6,000 per unit, and pay development charges at current rates, for the 6 units. Regional sanitary sewer service is not available to the Hamlet of Newtonville and there are no. plans to make it available. Private sanitary service is the only feasible method of servicing. The Regional Health Department has stated that the necessary geo- technical information, including a peer review from the Region's .hydro - geological consultant, confirmed that this proposed development can be serviced on the basis of private sewage disposal systems and a municipal water system. The Region has provided nine (9) conditions of draft approval, all of which are contained in Attachment 2. 6.8 The Ganaraska Region Conservation Authority has reviewed the revised plan and noted their concerns for Lots 26 to 30 and Block 40 have been met, The Authority's five (5) conditions of draft approval are included in Attachment 2. 8 -25 REPORT NO.: PSD- 138 -04 PAGE 7 6.9. The Ministry of Transportation _ Ontario (MTO) noted in preliminary comments, a Ministry Permit is required for all signs visible to Highway 401. A condition of draft approval was requested and subsequently included in Attachment 2, stating that prior to final approval, the owner was to submit to the Mini stry_for_appr_ oval,— a— copyofa drainagelstorm water management plan /report showing intended treatment of the calculated runoff. 6.10 Enbridge Consumers gas requested four (4) conditions be included in the fist of Draft Conditions and subsequent entry in the Municipality's subdivision agreement (see Attachment 2). 6.11 Bell Canada noted that after detailed review of the plan, it was concluded that adequate telecommunication facilities exist in the area and therefore, Bell Canada does not require any easement or lease. Two conditions were requested for inclusion in the draft conditions (see Attachment 2). 6.12 Canada Mortgage and Housing Corporation, Canada Post Corporation, the French - language public school board, the French - language separate school board and the Local Architectural Conservation Advisory Committee did not send any comments. 7.0 STAFF COMMENTS 7.1 The concerns raised by residents have been addressed as follows: a) Jones Avenue Sole access to the Subdivision and overloaded with vehicular tratFc. The Veltri Subdivision proposes 39 dwellings. The Quadrillium Subdivision is draft approved for 28 dwellings. Each draft plan complies with the Official Plan designation and development. density for the Hamlet of Newtonville. In the short term, all access for the Veltri subdivision will be accommodated through the use of the road allowance between Lots 6 and 7. The opening of the road allowance between the existing and proposed segments of Jones Avenue will be provided for through the development of the Quadrillium Subdivision. While traffic will obviously increase, it is not significant and well within the traffic levels appropriate for a residential street. b) All the Septic Systems would be a nightmare in the "Ganaraska Forest Watershed': This area is not part of the Ganaraska River watershed. An Environmental Impact Study has been done for the Subdivision and the draft plan modified accordingly. A hydrogeological study, a peer review of this study, a Regional Health Department review of the peer review, and related conditions of draft approval are all designed to ensure that the septic systems will not endanger human health. am REPORT NO,: PSD- 138 -04 PAGE 8 c) ApQroViag the Veltri Subdivision would double Newtonville's population The application as submitted complies to the Official Plan designation and the Official Plan density provisions for the lots. This growth has been anticipated and should have been understood by all residents of Newto_nville because it was the funding mechanism that enabled water services to be extended to existing residents. 7.2 This. plan of subdivision will be constructed to a semi -urban standard due to drainage constraints which would otherwise be problematic. 7.3 The Veltri Subdivision is abutted on the west by draft - approved plan of subdivision 18T- 87083 (Quadrillium). This plan was approved in 1992 and it has 28 single detached units and a park that is bordered by the school, Regional Road 18lNewtonville Road, Jones Avenue, and Street "A" of 18T- 87083. This park, when built, will provide recreational opportunities for the residents of both subdivisions. 7.4 The Environmental Impact Study determined there are no features of special significance within the area proposed for development. To the south of the development area, the existing woodlot includes upland, lowland and wetland environments and two small drainage features. Discharge and seepage areas are within the woodlot feature, which has a slope break along its northerly perimeter adjacent the development area. The woodlot habitat is in excellent condition, forming a large, contiguous block of natural vegetation and providing excellent deer habitat. It is also connected to wooded and wetland features east and west of the property and if these connections are maintained interior forest habitat conditions may be possible. The condition of the vegetation, the limited disturbance of the woodlot and the general absence of invasive species support the need to protect the woodlot. Clearly the woodlot is linked to the headwaters of Bouchette Point Creek a. coldwater stream, and is protecting a discharge area to the creek. 7.5 At the time of the. Study, the subdivision proposal impacted on the existing woodlot in a number of ways such as: v The proposed stormwater pond outleted into the cedars to the south, likely excessively watering them and causing them to decline; and ® The above pond, Lots 26 and 27 encroached into the woodlot. 7.6 The Study concluded the proposed development could be accommodated within the environmental constraints of the site provided the environmental protection measures the proponent has agreed to are made conditions of approval, including: taw ® Revising the conceptual stormwater management design to address not the 1994 but the 2003 version of the MOE Stormwater Management Best Management Practices Manual (now Condition 36); 8 -27 REPORT NO.: PSD- 138 -04 PAGE 9 • Providing storm water infiltration within the pond and in the swales that convey runoff to the pond thereby generating protection from: �= Downstream erosion, increased stream water temperatures that harm - _- - - -_ -- coldwater fish, decbeased base flows in Bouchette Point Creek and decreased water table elevations (now Condition 37); Adhering to 39 lots as the maximum number for the site as evidenced by nitrate and water balance calculations (now Condition 1); Modifying the stormwater management pond, Lots 26 and 27 to protect the woodlot (now in the plan referenced in Condition 1); and Fencing the north edge of the woodlot across the entire width of the property, or as a minimum, the edge along the stormwater management pond and Lots 27 -30 inclusive (now Condition 38). 7.7 The Applicant has verbally indicated that he does not agree with two conditions, one being a Regional Health Department condition — Condition 33, f), and specifically, the final clause in the condition that states: "...Block 41,' shall become a part of the subdivision and may not be developed for any purpose," Approximately 10.85 ha (65 %) of Block 41 is a woodlot. The remaining 5.84 ha (35 %) is open field. Planning Staff is of the opinion that use of the nitrate dilution area, even for agricultural use, may impact the nitrate dilution function and /or diminish the residential atmosphere of the subdivision, whether by the use of crop planting, grazing cattle or a golf course /driving range. To this end, zoning that would protect the nitrate dilution function and permit enjoyment of the use of the residential lots has been adopted for Block 41 and Block 40 (stormwater management pond). The zoning is "Environmental Protection (EP- 9)" and it permits only. "conservation, bird sanctuaries, wildlife reserves or other similar uses which provide for the preservation of the natural environment, and flood and erosion control works ". As well; staff will not alter a condition set down by the Regional Health Department. Staff notes Regional Health, through Regional Planning, circulated, copies of their draft conditions, including the disputed clause, in early February 2004 to the Applicant and the Applicant's consultant. 7.8 The other disputed condition, one that was drafted by Planning and Ganaraska Region Conservation Authority Staff, is Condition 38, and specifically, the second sentence in the condition which states: "Furthermore the north edge of the woodlot across the entire width of the property is to be fenced to the satisfaction of the Ganaraska Region Conservation Authority." The Applicant has expressed particular concern with fencing Iftw the woodlot across the entire width of the property and notes that the related recommendation's wording he Environmental Impact Stud 9 � in p y is not exactly the same, that is: "the north edge of the woodlot across the entire width of the property should be fenced, or as a minimum, the edge along the stormwater management pond and Lots 27 -- 30 inclusive." Planning Staff is of the opinion that access from the subdivision to the am REPORT NO.: PSD- 138 -04 PAGE 10 woodlot needs to be minimized, the fencing requirement is consistent with the Study recommendations. Staff concur with the Ganaraska Region Conservation Authority. 7.9 The Finance Department advises that there are no taxes owing on the subject lands. 7.10 The northern and central portions of the property are designated for Hamlet Residential uses and the requisite background studies such as the Peer - reviewed Hydrogeological Study and the Environmental Impact Study have been completed and found satisfactory. The proposed plan of subdivision appropriately implements the Municipality's Official Plan policies. 8.0. CONCLUSION 8.1 Prior to scheduling a recommendation report to Committee and Council on a draft Plan of Subdivision application a list of the proposed conditions of draft approval are submitted to the Applicant for their review and concurrence with same. The Applicant had signed the letter concurring with the Conditions of Draft Approval, but as discussed, two conditions are now being challenged. 8.2 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official Plan and Zoning By -law 84 -63. The owner has agreed to the conditions of draft approval * as ' contained in Attachment 2. In consideration of the comments contained in. this report, staff respectfully recommends the proposed plan of subdivision, as contained in Attachment 1, be APPROVED subject to the conditions of draft approval as contained in Attachment 2; and that the re* zonings as contained in Attachment 3 be APPROVED. Attachments Attachment 1 -.Site Location Key Map and Plan of Subdivision Attachment 2 - Conditions of Draft Approval Attachment 3 - Zoning By -law Amendment List of interested parties to be advised of Council's decision: Nick J. Mensink, P. Eng. Kim Williams Eileen and William Hackett Sandy Lyall vabr Ray and Doris Tompkins Steven Fuller • ATTACHMENT 1 ' w� No 2 L C T 7 CC NC ES S 1 0 N, 1 tDIO ♦( {OYA NCC if iYf CN COIrCCSD10N 1 AND 7 (NOT OLC I now a iiT1, c JONES ASE. J O N E S A V C N U ti aY = t. A y • ♦r a •i k � . T• � V = pE5FAWD BY OMNER . Im O W.= 40 v Y StW CM272 7-42 q o 0 �J T H E K/ N C S H l C H W A Y N o. 4 0 C E P C S 1 T£ O P L A N N u 1 6 6 1 9 Newtonville Key.Map 8 -30 Dev. 89 -029 Zoning By -law Amendment 18T -89048 Draft Plan of Subdivision Owner: 1044960 Ontario Limited ( Veltri and Son Limited ) ATTACHMENT 2 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION 18T -89048 1. This approval applies to Draft Plan of Subdivision 18T- 89048, prepared by Semas Associates, identified as Project Number 88230, dated and revised September 15, 2004 -- showing- -L-ots 1 to 39-inclusive-for-single detached dwellings, Block 40 for a Storm Water Management Pond, Block 41 for nitrate dilution purposes and is reserved by the Owner, and roadways. 2. The Owner shall enter into a Subdivision Agreement with the Municipality of Clarington that meets all of the requirements of the Director of Engineering Services, and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 3. All streets within the Plan of Subdivision shall be dedicated as public highway and shown as such' on the final plan. 4. All land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. 5. Block 40, being a storm water management block, shall be dedicated free and clear of all encumbrances to the Municipality. Furthermore, the Owner shall provide an easement to the Municipality over Block 41 for the purposes of conveying overland flow. Additionally the Owner agrees to install chain link fencing along both sides of the access to Block 40 fronting Street "B" and along the southerly property line of lots 27 to 30 abutting the storm water management block. 6. All streets shall be named to the satisfaction of the Municipality of Clarington and the Regional Municipality of Durham, and shown on the final plan. 7. All streets shall be constructed in accordance with Municipality of Clarington standards. 8. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 9. The Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning Services and to the Ganaraska Region Conservation Authority for review and approval, and that, the Draft Plan of Subdivision 18T -89048 must have regard for the recommendations in the Tree Preservation Plan. 10. The Owner shall retain a qualified Engineer to prepare and submit a Hydro - geological Report to the Director of Engineering Services to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 11=1 11. The Owner shall meet all requirements of the Engineering Services Department and the Ganaraska Region Conservation Authority regarding the engineering and construction of all internal and extemal works and services related to this development. 12. Development of this subdivision must accommodate a future road access to Regional Road 18. Con structiori--o _f-Jones- Avenue-within the subject site-most connect with the future portion of Jones Avenue within approved draft plan of subdivision 18T- 87083. A temporary tuming circle will be required at the west end of Jones Avenue until such time as it connects with Regional Road 18, 13. The Owner is required to make application to obtain the approval of the Council of the Municipality of Clarington for the legal opening of a portion of the unopened road allowance situated between Lot 6 and Lot 7 north of the south limits of the intersection of Jones Avenue extension and said road allowance. The Owner shall fie responsible for constructing a new road to municipal standards from the proposed Jones Avenue extension to Paynea Crescent. 14. The Owner shall be responsible to make any improvements or upgrades to Jones Avenue or Paynes Crescent that are deemed necessary by the Director of Engineering Services and that serve as a connection between the subject development and the nearby arterial roads (Durham Highway 2 and Regional Road 18). 15. The Owner shall provide the Engineering Services Department with a Storm Water Management Implementation Report which provides for the sequential construction of the storm water management works necessary for the entire watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. This report shall be subject to the approval of the Director of Engineering Services. The Owner will be responsible for 100% of the cost of any external drainage improvements that are deemed necessary by the Director of Engineering Services to service this development. 16. The Owner's engineer is required to prepare engineering drawings that detail the configuration of the conveyance of the overland flow (major system) from this subdivision, The required Plan must demonstrate how storm flows will be conveyed to the proposed storm water management facility. 17. The Owner must demonstrate that Block 40 (Storm Water Management Facility) has been adequately sized to accommodate the ultimate need for the overall watershed area. 18. The Owner shall be responsible for installing temporary turning circles in any location deemed necessary - by the Director of Engineering Services. All lots that front onto VAW temporary turning circles will remain frozen with no building permits issued. 19. The Owner shall be responsible for the removal of any temporary turning circles adjacent to this site that exist at the time of the development of the subdivision. The Owner will be responsible for 100% of all costs associated with the removal of any temporary turning circles. 20. The Owner shall pay to the Municipality at the time of execution of the subdivision agreement, five per cent (5 %) cash -in -lieu of parkland dedication for residential development. 21. All works and services including but not limited to street lights and temporary turning — circles; mustbe designed and construed —in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By -law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 22. The Owner shall meet all the requirements of the Municipality of Clarington, financial or otherwise. 23. The Owner shall provide the Municipality, .through the terms and conditions of the subdivision agreement, unconditional and irrevocable Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. 24. Prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced.and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.6.3.4 of the Ontario Fire Code. 25. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By -law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 26. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall, at his expense, either connect the affected party to the municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 27. The Owner shall submit plans showing the proposed phasing to the Region for review and approval, if this subdivision is to be developed by more than one registration. 28. The Owner shall grant to the Region, any easements required to provide Regional � - services for this. development and these easements shall be in locations and of such widths as determined by the Region. 29. The Owner shall submit to the Regional Municipality of Durham for review and approval, a noise report prepared by an acoustical engineer, based on projected traffic volumes provided by the Region's Planning Department, recommending any necessary noise 8 -33 Elm M 8 -34 attenuation measures. The Owner shall provide the Region with a copy of the local subdivision agreement containing such provisions prior to final approval of the plan. The recommendations of the report are to be incorporated in the Municipality's subdivision agreement as a notice to all purchasers. 30 TT-he- Owner - shall - provide- for - the - extension -of -such- watersupply facilities which aye external - -- — — - to, as well as within, the limits of the plan that are required to service this plan. In addition, the Owner shall provide for the extension of water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 31. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water supply plant capacities are available to the proposed subdivision. 32. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of subsurface sewage disposal systems, municipal water supply, and other Regional services. The implementation of this condition shall involve the inclusion of appropriate provisions in the Regional subdivision agreement. 33. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to retain a qualified sewage system designer or engineer who specializes in the design of private sewer systems. The designer shall complete and provide the design of individual private sewage systems for each lot for review to the Regional Health Department for approval, in strict compliance with the Ontario Building Code. b) The Owner agrees that the Owner's consultant shall conduct on -site soil tests on the primary sewage system area for all lots to determine. the soil's permeability. The consultant shall provide analysis of the soil tests describing grain size analysis, co- efficient of permeability and estimated percolation "T" times to the Health Department for review and approval prior to the submission of the application for building permit for a sewage system. In the event that sand fill is required for raised title beds, the engineer shall provide certification to the Health Department that the proper amount and type of sand fill has been provided and properly constructed for the private sewage systems. c) The Owner agrees that the builder will only build houses to a maximum living area of 200 sq. m with a maximum of 20 fixture units on Lots 1 -10, 19 -23 and 36 -39 inclusive. It is acknowledged that if prior to construction the soils are proved to exhibit improved or higher percolation rates than those assigned on the Servicing Plan, then the buildings may be adjusted to take advantage of the increased percolation rate. ' d) The Owner, agrees to register on title that there shall be no construction of accessory- buildings or swimming-pools-in the prime and reserve title-bed-areas-1 or in locations less than the minimum setbacks in accordance with the Ontario Building Code. e) The Owner agrees to adhere to the Newtonville Estates Functional Servicing Plan as submitted by Sernas Associates, Project Number 88230, Drawing No. FS -1. f) The Owner agrees that the nitrate dilution area delineated as Block 41 .shall become a part of the subdivision and may not be developed for any purpose. g) The Owner agrees that all monitoring wells shall be property abandoned by a licensed well contractor in accordance with 0. Reg. 903. There shall be no potable water supply wells established within the boundaries of the subdivision. h) The Owner agrees that this subdivision shall be limited to 39 lots and that all of these lots must be serviced by the municipal water system. i) The developer agrees to submit a copy of the final grading to the Region of Durham Health Department. In the event that there are significant differences in the final grading plan and the site servicing that may affect the location of the proposed private sewage system areas, the developer shall make the necessary revisions to the satisfaction of the Region of Durham Health Department. 34. The Owner agrees that prior to the registration of the first phase of the draft plan of subdivision or the issuance of an authorization to commence works within first phase, whichever occurs first, to satisfy one of the following conditions: i) Obtain an easement over the future right -of -way for the extension of Jones Avenue from the abutting property owner of draft plan of subdivision 18T -87083 to permit the installation by the Owner, at its cost, of a hard surfaced walkway, constructed to the satisfaction of the Director of Engineering Services from the westerly limits of the proposed extension to Jones Avenue as shown on draft plan of subdivision 18T -89048 connecting with the existing limits of Jones Avenue. Said walkway will be constructed within the first phase of development of draft plan of subdivision 18T- 89048. Maintenance of the walkway is to be provided year round by the Owner until such time as the extension of Jones Avenue through draft plan of subdivision 18T -87083 has been constructed to municipal standards and transferred to Municipal ownership; 8 -35 •: The lands required for the extension of Jones Avenue within draft plan of subdivision 18T -87083 have been acquired and will be constructed by the Owner to municipal standards as part of the first phase of development, within draft_ plan _of_ subdivision 18T= 89048:- Said lands will be transferred free and clear of all encumbrances to the Municipality following the construction and acceptance of the extension of Jones Avenue. 35. Prior to commencement of any grading or construction on site or final registration of the plan, the Owner shall submit and obtain approval of the Ganaraska Conservation Authority (GRCA) for reports describing the following: a) a detailed storm water management plan which outlines the intended means of controlling storm water runoff in terms of quantity, frequency and duration of all events up to and including.the regional storm; b) the intended means of conveying storm water flows from the site, including the location and design of water quality and quantity controls using storm water management techniques outlined in provincial guidelines; c) an assessment of the major and minor flow systems, identifying pre and post construction volumes, depths, velocities, points of discharge and proposed methods for outlet treatment; and d) an Erosion and Sediment Control Plan detailing the means by which erosion and sedimentation and their effects will be minimized on the site during and after t construction in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on site, or other related works, to comply with the Canada Fisheries Act. It is noted that temporary sediment control ponds must be capable of accommodating 125 cubic metres per hectare of contributing drainage area for a period of not less than 12 hours, or removing particle sizes down to 40 microns. 35. The Owner agrees to update the conceptual storm water management design associated with the 1994 version of the Ministry of Environment Storm Water Management Best Management Practices Manual to conform to the 2003 version of the manual. 37. The proposed storm water design should provide infiltration within the pond and along the drainage swales that convey runoff' to the pond in order to provide protection from: downstream erosion, increased stream water temperatures that harm coldwater fish, decreased base flows in Bouchette Point Creek, and decreased water table elevations. 38. The Owner shall install a 1.8m chain link or wooden privacy fence along the easterly limit of Lot 12 and the Municipality's road allowance as shown on the draft plan of subdivision. Furthermore the north edge of the woodlot across the entire width of the property is to be fenced to the satisfaction of the Ganaraska Region Conservation Authority. mm 39. The Owner shall satisfy all the conditions of the Ganaraska Region Conservation . Authority, financially or otherwise. W The Owner agrees to include a clause in any Agreement of Purchase and Sale advising future owners of the Municipality's Gate Access Policy to Municipal Open Space. .41. The Owner shall adhere to architectural control requirements of the Municipality. 42. The Owner shall agree to incorporate the recommendations of the noise report in the subdivision agreement behveen the Owner and the Municipality of Clarington. 43. The Owner must place in all agreements of purchase and sale for the lots, a warning: That existing and potential future agricultural operations are being conducted in the surrounding lands, in compliance with the Clarington Official Plan and Zoning By -law, other municipal- and regional by -laws and provincial legislation ". 44. The Owner must provide in the sales facility, to the satisfaction of the Municipality of Clarington, information to .advise potential purchasers about the Port Granby Project and where to get further information. 45. Prior to final approval, the owner shall submit to the Ministry of Transportation for its review and approval, a copy of a drainage /storm water management plan /report indicating the intended treatment of the calculated runoff. 46. . The subdivision agreement between the. Owner and the Municipality of-Clarington shall contain provision satisfactory to Bell Canada, that any easements that may be required for likw telecommunication services shall be granted. 47.- The Owner shall enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality, 48. The Owner shall co- ordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 49. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution Inc. 50. All of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required. IftV 51. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) The Regional Municipality of Durham how Conditions 1, 6, 27, 28, 29, 30, 31, 32 and 33 a) to i) have been satisfied; 8 -37 b) The Ganaraska Region Conservation Authority,.how Conditions 9, 11, 35, 36, 37, 38, and 39 have been satisfied; �) The Ministry of Transportation — Ontario MTQ how Condition 45 has been satisfied; d) Bell Canada how Conditions 46 and 47 have been satisfied; and e) -Enbdd e Consumers Gas how Conditions 48, 49 and 50 have been satisfied. m 0 0 i NOTES TO DRAFT APPROVAL If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted providing valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior, to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to *facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Durham Region Planning Department Lang Tower, West Bldg., 4t' Floor Whitby Mall 1615 Dundas Street East Whitby, ON L1 N 6A3 (905) 728 -7731 b) Ganaraska Region Conservation Authority PO Box 328 Port Hope, ON L1A 3W4 (905) 885 -8173 c) Ministry of Transportation — Ontario Corridor Management Office 7t' Floor, "Building D" 1201 Wilson Avenue Downsview, ON M3M 1J8 (416) 235 -4572 d) Bell Canada Right of Way 100 Borough Drive, Floor 3 Scarborough, ON M1P 4W2 (416) 296 -6291 e) Enbridge Consumers Gas 500 Elgin Mills Road East Richmond Hill, ON L4C 5G1 (905) 883 -2613 DRM& t i 1 ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . BY -LAW NUMBER 2004- being a By -law to amend By -law 84-63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the Corporation of the Municipality of Clarington for DEV 89 -029; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "17" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Residential Hamlet Exception (RHA 7) Zone; "Agricultural (A) Zone" to "Environmental Protection Exception (EP -9) Zone; and "Environmental Protection (EP) Zone" to "Environmental Protection Exception (EP -9) Zone" 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 BY -LAW read a second time this day of BY -LAW read a third time and finally passed this 2004 2004 day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Lxm�_ 0 Schedule This is . to By-law 2004 passed this day of ! I two, Zoning Change From I IE To Zoning Change To . Zoning Change From "EP" s John Mutton, Mayor Patti L. Barrie, Municipal Clerk r i ' ;: % • .. ��•��. ENIM - 111� 11011���� -- ;, Subject Site HIGHWAY • 8 -41 Attachment No, T^ Pnnnrt PSD -06A r%a NEWTONVILLE ESTATES Possible Commuting Routes to Newtonville Public School 8 -42 Highway No. 401 Legend e.® ®■ Proposed Route (Length = 1770m) . —®— Preferred Route (Length = 710m) Attachment No 4 To Report PSD- 064 -06 REVISED CONDITION OF APPROVAL OF FINAL PLAN REGISTRATION "34. The Owner agrees that should development of 18T -89048 proceed in advance of Draft .Approved Plan of Subdivision 18T- 87083, the Owner shall be responsible to construct and maintain a pedestrian connection from the west limits of the proposed extension to Jones Avenue, as shown on Draft Approved Plan of Subdivision 18T- 898048, to the existing limits of Jones Avenue. a) Prior to the registration of the first phase of the Draft Plan of Subdivision or the issuance of an authorization to commence works within first phase, whichever occurs first, to satisfy one of the following conditions: i) Obtain an easement over the future right -of -way for the extension of Jones Avenue from the abutting property owner of draft plan of subdivision 1 ST -87083 to permit the installation by the Owner, at its cost, of a hard surfaced walkway, constructed to the satisfaction of the Director of Engineering Services from the westerly limits of the proposed extension to Jones Avenue as shown on draft plan of subdivision 18T- 89048 connecting with the existing limits of Jones Avenue. Said walkway will be constructed within the first phase of development of draft plan of subdivision 18T- 89048. Maintenance of the walkway is to be provided year round by the Owner until such time as the extension of Jones Avenue through draft plan` of subdivision 18T -87083 has been constructed to municipal standards and transferred to Municipal OR - ownership; - ii) The lands required for the extension of Jones Avenue within draft plan of subdivision 18T -87083 have been acquired and will be constructed by the Owner to municipal standards as part of the first phase of development within draft plan of subdivision 18T- 89048. Said lands will be transferred free and clear of all encumbrances to the Municipality following the construction and acceptance of the extension of Jones Avenue." b) Notwithstanding the requirements of Condition 34 a) above, registration of the first phase of development, up to a maximum of 20 lots, may proceed without provision of the walkway provided that the Owner registers the following clause on the title of each lot within the first phase: "NOTICE TO PARENTS Children attending Newtonville Public School will be required to.walk to school going north from Jones Avenue and Paynes Crescent to Durham Highway No. 2, east on Durham Highway No. 2, and then south on Regional Road 18 to the school," 8 -43 AMENDMENT TO CONDITIONS OF DRAFT APPROVAL 18T -89048 That the approved Conditions of Draft Approval for 18T -89048 as amended by Council of the Municipality of Clarington on May 29, 2006 is hereby further amended by deleting Condition 34 in its entirety. 8 -44 Attachment 3 To Report PSD- 058 -11 Date: June 27, 2011 Resolution #: By -law #: Report #: PSD- 059 -11 File #: ZBA 2011 -0015 Subject: APPLICATION FOR REMOVAL OF HOLDING 41 OSBORNE ROAD, COURTICE APPLICANT: ONTARIO POWER GENERATION INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 059 -11 be received; 2. THAT the application submitted on behalf of Ontario Power Generation 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 the Municipal Property Assessment Corporation (MPAC); and 4. THAT all interested parties listed in Report PSD- 059 -11 and any delegations be advised of Council's decision. Submitted by: _� avid J. Crome, MCIP, RPP Director of Planning Services TW /CP /df /ah 20 June 2011 f\ Reviewed by` �- CAL Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623 -3379 F (905)623 -0830 8 -45 REPORT NO.: PSD- 059 -11 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Ontario Power Generation Inc. (OPG) 1.2 Area: 18.4 ha 1.3 Location: 41 Osborne Road, Courtice Part Lot 26, Broken Front Concession PAGE 2 1.4 Rezoning: Removal of Holding (H) Symbol from "Holding — Energy Park Prestige ((H)M02" to "Energy Park Prestige (M02)" and "Holding — Energy Park Light Industrial ((H)ML1)" to "Energy Park Light Industrial (ML1)" 2.0 BACKGROUND 2.1 On May 8, 2011, Ontario Power Generation Inc. submitted an application to remove the holding symbol. A portion of the site will house the new Darlington Refurbishment Complex. A site plan application was submitted in June for this complex which contains a three storey office component with an auditorium, a warehouse and mock up area for refurbishment operations. Ontario Power Generation Inc. is hoping to begin construction of this facility in July. 2.2 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development of the lands. This includes: 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 this plan. 3.0 STAFF COMMENTS 3.1 On January 5, 2011 Plan of Subdivision 40M -2431 was registered on the lands. It contains three industrial blocks, and a block for the proposed Highway 407 interchange. The Darlington Refurbishment Complex will be constructed on the most southerly block of the registered plan. The subdivision agreement has secured the appropriate measures and financial guarantees to ensure completion of Plan of Subdivision 40M -2431. The Subdivision Agreement contains provisions for the construction of Energy Drive which the Municipality is coordinating on behalf of and at the expense of OPG. 4.0 CONCLUSIONS 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. MM REPORT NO.: PSD- 059 -11 Staff Contact: Tracey Webster Attachments: Attachment 1 - Key Map for Removal of Holding Application Attachment 2 - By -law for Removal of Holding (H) List of interested parties to be advised of Council's decision: Ontario Power Generation Inc. PAG E 3 8 -47 o D -0 C/)v 6 : zr co Attachment 2 To PSD- 059 -11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2011- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2011 -0015; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows; I. Schedule "4" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from "Holding — Energy Park Prestige ((H)M02)" to "Energy Park Prestige (M02)" and from "Holding — Energy Park Light Industrial ((H)ML1)" to "Energy Park Light Industrial (ML1)" 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 Section 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 ,. This is Schedule "A." to By-law 2011- , passed this day of , 2011 A.D. HIGH WAY 401 HIGHWAY 401 SOUTH SERVICE ROAI) ENERGY DRIVE W tr M Zoning Change From "(H)M02" to "M02" ® Zoning Change From "(H)ML10 "ML1" Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 4 5 S S ¢ 4 O N - ERA DARLINGTON 7BA 2011.0015 SCHEDULEI 8 -50 1.111 Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 27, 2011 Resolution # By -law #: Report #: PSD- 060 -11 File #: 18T -94027 Subject: AUTHORIZATION TO EXECUTE SUBDIVISION AGREEMENT CLARET INVESTMENTS DRAFT APPROVED PLAN OF SUBDIVISION 18T -94027 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 060 -011 be received; and 2. THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement with the Owner of the lands subject to Draft Plan of Subdivision 18T- 94027. Submitted by: r✓'` Reviewed by: v' J. Crome, MCIP, RPP Director of Planning Services June 21, 2011 CP /av /ah /df Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 8 -51 REPORT NO.: PSD- 060 -11 PAGE 2 1.0 BACKGROUND 1.1 Draft Approved Plan of Subdivision 18T -94027 was considered by Council in September 1998. Based on staff comments, Council recommended to the Ontario Municipal Board (OMB) that the Plan of Subdivision be approved, subject to conditions. Although the appeal was originally filed by the applicants for failure by Council to make a decision, at the hearing .Ms. Racansky participated in objection to the Planning applications. In July 1999, the OMB approved the proposed plan of subdivision subject to conditions. 1.2 At the time of the hearing the Board had two proposed Plan of Subdivision applications before it by the same applicant. Both proposed Plan of Subdivision applications, 18T -92014 and 18T -94027 were within the Hancock Neighbourhood, see Attachment No 1. 1.3 One of the conditions of draft approval required by the Municipality for 18T -94027 stated: "29. That the Owner agrees to be responsible for the extension of Street "A" from the southerly limit of this draft plan to the northerly limit of draft plan of subdivision 18T- 92014. Street "A" must be constructed to a full urban profile to serve as a link for transportation, watermains, sanitary sewers, storm sewers, utilities and as a pedestrian link to the Neighbourhood Park. The required road extension must be included in the development agreement and must be constructed during the initial stage of development." 2.0 STAFF COMMENTS 2.1 Council's consideration of the application for Draft Plan of Subdivision was shortly after the Clarington Official Plan was originally approved in 1996. Sometime following the draft approval of the two plans of subdivision by the OMB, the Ministry of Natural Resources advised that parts of the Hancock Neighbourhood were within a Provincially Significant Wetland (PSW). Although the PSW designation is not located on either of the lands subject to draft approval, it does impact lands between the two subdivisions that would be traversed by the road and service infrastructure required by condition 29 identified above. 2.2 About eighteen months ago the Owner's agent approached the Municipality regarding preparation of a subdivision agreement for draft approved Plan of Subdivision 18T- 94027. With the identification of the PSW following the issuance of draft approval by the OMB, municipal staff and Conservation Authority staff had concerns with - implementing condition 29 above. M REPORT NO.: PSD- 060 -11 PAGE 3 2.3 ' Originally the Owner's agent preferred to include the construction of the full road connection and all services as part of the development. To this end, environmental work was undertaken to indicate that the road connection would have no impact on the PSW. This was not satisfactory to CLOC staff and the Municipality's environmental review consultant. Ultimately however staff negotiated that only the sanitary sewer, municipal water system, storm sewer and a pedestrian connection would cross the PSW. This 'service corridor' significantly reduces the impact to the PSW by reducing the width of the disturbance, providing restoration to the area and not having a road bi- sect the PSW. Also by not allowing other utilities to be located within this corridor, there is less potential impact in the future as a result of maintenance or future service upgrades. 2.4 The services connecting the two plans are on lands beyond the limits of the two subdivisions. The Owner's agent has negotiated for the lands required to accommodate the services to be transferred directly to the Municipality. The Owner proposes to construct the required services within the corridor between the two subdivisions as Phase I of the subdivision agreement for 18T- 94027. 2.5 In consideration of the identification of the PSW subsequent to the subject lands having received draft approval, staff consider the above revision to condition 29, to eliminate the road and only allow the service and pedestrian connection between the two plans of subdivision appropriate. 3.0 CONCLUSION 3.1 That Council authorize the Mayor and Clerk to execute a subdivision agreement between the Owner of the lands of draft approved Plan of Subdivision 18T -94027 and the Municipality of Clarington. Staff Contact: Carlo Pellarin Attachment 1 — Key Map Attachment 2 — Authorizing By -law Interested parties to be notified of Council's decision: William Manson 8 -53 Property Location Map (Courtice) Subject Site LEGEND M Provincially Significant Wetlands 0 X (D 0 �D C/)v 00 o� rn0 o� Attachment 2 To Report PSD -060 -11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2011- being a by -law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T- 94027 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T- 94027 and required external servicing WHEREAS the Council on September 28, 1998, recommended approval of draft Plan of Subdivision 18T- 94027, located in part Lot 28, Concession 3, former Township of Darlington; AND WHEREAS, the Ontario Municipal Board granted Draft Approval to Plan of Subdivision 18T -94027 on July 28, 1999; AND WHEREAS, the Owner(s) of draft Plan of Subdivision 18T -94027 is now ready to proceed to finalize the subdivision agreement; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the. Corporation's seal, an Agreement between the Owners of Plan of Subdivision 18T- 94027. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. 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 -55 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 27, 2011 Resolution #: Report #: EGD -025 -11 File #: D.07.09,002 By -law #: Subject: LORNE YEO COURT SUBDIVISION, TYRONE, PLAN 40M- 2365, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY -LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD- 025 -11 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M -2365; and 3. THAT Council approve the by -law attached to Report EGD - 025 -11, assuming a certain street within Plan 40M -2365 as public highway. Respectfully by, Submitted by: Reviewed A.S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC /NAC /jo June 6, 2011 9 -1 REPORT NO.: EGD- 025 -11 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered November 23, 2007, with 464367 Ontario Ltd., to develop lands by plan of subdivision, located in Tyrone and described as Plan 40M -2365 (Attachment 1). The agreement required the developer to construct all roadworks, including hot -mix paving, sodded drainage ditches, street trees and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Street Lighting System; c) Final Works; and d) Stormwater Management System (not applicable) 1.3 The Initial Works and Street Lighting System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated June 1, 2010. This initiated a'one (1) year maintenance period, which expired on June 1, 2011. The Works were re- inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 9 -2 REPORT NO.: EGD -025 -11 PAGE 3 1.6 Further to the issuance of a `Certificate of Acceptance', a by -law is required to permit the Municipality to assume a certain street within Plan 40M -2365 as public highway (Attachment 2). Attachments: Attachment 1 Key Map Attachment 2 - Proposed By -law 9 -3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2011 - XX Being a By -law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the street shown on Plan 40M -2365, and listed below in this section, being in the Municipality. of Clarington, in the Regional Municipality of Durham, is hereby accepted by the Corporation of the Municipality of Clarington as public highway, and assumed by the said Corporation for public use: Lorne Yeo Court BY. -LAW read a first and second time this xxth day of xxxxx 2011. BY -LAW read a third time and finally passed this xxth day of xxxxx 2011. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO.:2 REPORT NO.: EGD- 025 -11 9 -5 Date: Monday, June 27, 2011 Report #: EGD- 026 -11 File #: Resolution #: By -law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2011. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD -026 -11 be received for information. r Submitted by: Reviewed by:(L A. 8. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC *RP *bb June 16, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -1824 3 . REPORT NO.: EGD- 026 -11 BACKGROUND PAGE 2 1.1 With respect to the Building Permit Activity for the month of MAY 2011, Staff wish to highlight the following statistics for the information of Committee and Council. . MONTH OF MAY 2011 2010 BUILDING CATEGORY NUMBER OF PERMITS VALUE OF CONSTRUCTION NUMBER OF PERMITS VALUE OF CONSTRUCTION % CHANGE OF VALUE 2011 -2010 Residential 90 $20,436,048 89 $16,311,859 25.3% Industrial 0 $0 0 $0 N/A Government 3 $81,000 0 $0 N/A Commercial 5 $2,898,760 4 $602,100 381.4% Institutional 0 $0 2 $6,000 N/A Agricultural 2 $42,000 1 $85,000 -50.6% Demolition 4 $0 2 $0 N/A TOTAL 104 $23,457,808 98 $17,004,959 37.9% YEAR TO DATE 2011 2010 BUILDING CATEGORY NUMBER OF PERMITS VALUE OF CONSTRUCTION NUMBER OF PERMITS VALUE OF CONSTRUCTION % CHANGE OF VALUE 2011 -2010 Residential 343 $75,150,616 364 $71,334,223 5.4% Industrial 3 $545,000 0 $0 N/A Government 4 $201,000 2 $2,010,700 -90.0% Commercial 20 $3,877,120 20 $3,663,400 5.8% Institutional 4 $2,302,000 8 $9,160,400 -74.9% Agricultural 7 $329,416 10 $1,293,536 -74.5% Demolition 14 $0 13 $0 N/A TOTAL 395 $82,405,152 417 $87,462,259 -5.8% 9 -7 REPORT NO.: EGD- 026 -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 LAKERIDGE HEALTH Renovations to Hospital 47 LIBERTY SOUTH STREET, $1,600,000 CORPORATION (CCU) BOWMANVILLE ONTARIO POWER GENERATION Upgrade fire detection system 2,151 SOUTH SERVICE ROAD, $450,000 DARLINGTON . S REPORT NO.: EGD- 026 -11 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of "MAY' and "YEAR TO DATE ". Dwelling Unit Type "MAY" 2011 Dwelling Unit Type "YEAR TO DAT E 2011" 0 8 Apartment 42 Tuvmhuuse z Apartment Tua'inhuuse 0 °� 12% 16 0 - ��,,. 1 °1 10 x, Semi Detached` e � � f bo Semi -; 163 52 Detached Single single 19% Detached Detached 64°A Single Detached 52 75% VA Single Detached 168 ■ Semi- De(ached 10 ■ Semi - Detached SO * Townhouse 8 ® Townhouse 42 * Apartment 0 ■ Apartment 2 The following is a historical comparison of the building permits issued for the month of "MAY' and "YEAR TO DATE" for a three year period. Historical Data for Montle of Way $25,000,000 '520,000,000 $15,000,000 $10,000,000 $S,000,000 $0 — ®- 2011 2010 2009 Va Ue $23,457,8081$17,004,9591 j9,804,942 IM, REPORT NO.: EGD- 026 -11 PERMIT REVENUES PAGE 5 2011 2010 May Year to Date May Year to Date PERMIT FEES $173,734 $523,677 $112,003 $613,631 INSPECTION SERVICES NUMBER OF NEW RESIDENTIAL UNITS 2011 2010 May Year to Date May Year to Date Building Inspections 531 2,056 485 1,978 Plumbing & Heating Inspections 616 2,297 440 2,154 Pool Enclosure Inspections 5 5 19 25 TOTAL 1,152 4,358 944 4,157 NUMBER OF NEW RESIDENTIAL UNITS 9 -10 2011 2010 May Year to Date May Year to Date Single Detached 51 167 32 165 Semi - Detached 10 50 24 44 Townhouse 8 42 6 38 Apartments 0 2 1 18 TOTAL 69 261 63 265 9 -10 REPORT NO.: EGD- 026 -11 RESIDENTIAL UNITS HISTORICAL COMPARISON PAGE 6 YEAR: AREA 2011 (t end of a Y) 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 Bowmanville 123 282 98 340 .451 609 307 587 468 345 312 Courtice 102 236 113 134 82 126 241 173 180 133 129 Newcastle 24 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 2 8 6 10 6 7 14 15 13 17 47 Clarke 3 6 11 5 11 12 1 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 261 593 274 593 655 861 802 1,015 1 843 701 609 9 -11 A 4a,0 01" ENGINEERING SERVICE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: June 27, 2011 Resolution #: By -law #: Report#: EGD- 027 -11 File #: Subject: PROPOSAL TO CONVEY A PORTION OF AN UNOPEN ROAD ALLOWANCE (LORD ELGIN STREET) SITUATED IN LOT 12, CONCESSION 2. FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report EGD- 027 -11 be received; N/A 2. THAT the unopen road allowance (Lord Elgin Street) situated in Lot 12, Concession 2, former Town of Bowmanville, further identified as Part 2 on Plan 40R -26926 be stopped up and closed and that the road allowance be conveyed to 1825284 Ontario Limited (City Homes); 3. THAT the applicants pay the appraised land value of $110,654.00 as well as all legal and other financial costs associated with the transaction; 4. THAT Council pass the necessary by -laws to implement the recommendation of this report; and 5. THAT 1825284 Ontario Limited (City Homes) be advised of Council's decision. Respectfully by: Submitted by: / Reviewed by A.S. Cannella, C.E.T. Director of Engineering Services ASC /LJ B /jo Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 9 -12 REPORT NO.: EGD -027 -11 PAGE 2 1.0 BACKGROUND 1.1 On February 14, 2011, Council approved the recommendations of Report EGD- 006 -11. The Report recommended that a portion of a road allowance (Lord Elgin Street) be legally closed by by -law and conveyed into private ownership. The right -of -way is 15 m x 66.3 m. See Attachment 1 — Key Map. 1.2 Specifically, 1825284 Ontario Limited (City Homes) is the owner of the municipal property identified as Parts 1 and 3 on Plan 40R- 26926. The property is bisected by an unopen municipal road allowance (Lord Elgin Street) identified as Part 2 on Plan 40R- 26926. The Director of Engineering- Services has determined that the unopen road allowance (Lord Elgin Street) is no longer necessary for public use. The remainder Lord Elgin Street was closed and conveyed in 1988. 1.3 1825284 Ontario Limited (City Homes) has submitted a formal application to close and purchase the road allowance in order to facilitate registration of a plan of subdivision, which will be integrated into the surrounding neighbourhood development. 1.4 Subsequent to Council's February 14, 2011 approval in principle (to close and convey the right of way). Notice of the application was submitted to all agencies, utilities and internal departments. No objections to the closure were received. The property was then appraised by a certified appraiser retained by the municipality. The appraised value is $110,654.00 2.0 CONCLUSION 2.1 The applicant has complied with the Municipality's Policy and Procedure for Road Closures. It is recommended that subject to any input received at the Public Meeting, that Council authorize the closure of the subject road allowance and convey the subject lands into private ownership for the appraised value of $110,654.00. 9 -13 REPORT NO.: EGD -027 -11 Attachments Attachment 1 - Key Map Attachment 2 — Proposed By -Law Interested Parties To Advise Of Council's Decision: 1825284,Ontario Limited (City Homes) PAGE 3 9 -14 0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011 -XXX. Being a by -law to stop u'p and close and to authorize the conveyance of a road allowance. WHEREAS the Council of The Corporation of the Municipality of Clarington has approved the recommendations of Report EGD- 027 -11, and deems it desirable to pass this by -law; and NOW THEREFORE be it enacted and it is hereby enacted as a by -law of the Corporation of the Municipality of Clarington as follows; 1. That the property described as part of the unopened road allowance situated as Part of Lord Elgin Street, being Part of Lot 12, Concession 2, now Part 2 on Plan 40R- 26926, (in the former Town of Bowmanville), now in the Municipality of Clarington, is hereby stopped up and closed; and 2. That the Municipal Solicitor be authorized to take all action necessary to effect the transfer. BY -LAW read a first and second time this XXth day of XXXX, 2011. BY -LAW read a third time and finally passed this XXth day of XXXX, 2011. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO.:2 REPORT NO.: EGD- 027 -11 • Leading the Way =1 tie I M1 .- IL W I OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 27, 2011 Report #: OPD- 006 -11 File #: By -Law #: Subject: COMMUNITY GARDENS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD- 006 -11 be received;, 2. THAT Council approve proceeding with a lease agreement for Community Gardens; 3. THAT the Mayor and Clerk be authorized to execute the lease satisfactory to the Municipal Solicitor; and 4. THAT all interested parties listed in Report OPD- 006 -11 be advised of Council's decision. Submitted by: Ila Fr d o h B.A. R.D. R., R.R. F.A. Director of Operations FH /BG /cv Reviewed b Y :�-_') Franklin Wu, Chief Administrative Officer 10 -1 REPORT NO. OPD- 006 -11 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 At the Council meeting held on October 4, 2010, Mrs. Leetooze addressed Council concerning Correspondence Item D -5 (Attachment No. 1) requesting the Municipality provide land for a Community Garden. The correspondence Item D- 5 was referred to staff and the Clarington Agricultural Advisory Committee. The Planning Department commented that the Clarington Agricultural Advisory Committee was not appropriate to deal with the item. The role of the Agricultural Advisory Committee is to comment on policy and agri- business, not municipal lands or recreational programs. Operations staff met with Mrs. Leetooze on several occasions to discuss her ideas and to come up with possible locations and recommendations. Several municipal locations were discussed and a short list of possibilities were developed, which are listed in Section 5.0. Preferable sites were considered mainly for their proximity to residents of Clarington and local transit. Site requirements such as site preparation, fencing, off street parking and water access also were discussed. 1.2 Community gardens on public land have become a popular alternative for urban dwellers that don't have access to the type of gardening space readily available in the countryside or private backyard. Community gardens are parcels of public land that are sub - divided into smaller plots for local residents to grow their own vegetables, fruit or flowers for personal use. 1.3 Community gardens provide residents with the opportunity to become engaged in, a healthy recreational activity while growing nutritious food, meeting other residents, and beautifying open spaces. 2.0 PROCESS 2.1 The Operations Department supports the development of Community Gardens. The Municipality will promote and raise awareness of a Community Garden through the municipal website (www.clarington.net), and a public information meeting. The public meeting will provide residents an opportunity to come 10 -2 REPORT NO. OPD- 006 -11 PAGE 3 forward as a Garden Collective or to form a Garden Collective. A Garden Collective which is defined as .a not for profit community organization or a group of organized individuals that have come together for the purpose of operating a Community Garden. 2.2 The Municipality will assist in the initial year of establishment of a Community Garden by preparing the ground, which may include removal of the existing ground cover, plowing, and /or rototilling. The Garden Collective will then be responsible for all Community Garden activities and related enhancements. 3.0 MUNICIPAL REQUIREMENTS 3.1 The following terms would be incorporated into an agreement with the Garden Collective: • The garden is expected to be developed and maintained at no direct cost to the Municipality. • The garden will have minimal impact on municipal resources • No chemical pesticides will be allowed. • Produce grown shall be for personal consumption /use and not for private profit. • The Collective will provide proof and maintain at least $5,000,000 liability insurance, which includes the Municipality as an additional insured under the Collective's policy, with respect to any liability arising out of the Community Garden. • The Collective will provide a hold harmless /indemnification agreement signed in favour of the Municipality. • The Collective will provide and keep current contact information for the Co- ordinator and/ or Executive and active members of the Collective. • The Collective will agree to the terms and execute a lease agreement with the Municipality (Attachment No. 2). 10 -3 REPORT NO. OPD- 006 -11 PAGE 4 4.0 COMMUNITY GARDEN COLLECTIVE GUIDELINES 4.1 The Community Garden Collective will be responsible for establishing guidelines for the "Plotholder ", these may include: • Creating and enforcing general rules for the allotments. • Fair process for the allocation of plots. • Fair process to set rates for allotments. • Develop a budget and raise funds for initial improvements. 5.0 PROPOSED SITES 5.1 The following are municipal sites that were considered and their attributes: 1) 1150 Haines Street, Bowmanville • Considered the most preferred site. • Southern section measuring approx 1.3 hectares. • Will accommodate approx. 500 Plotholders. • Will require an off street parking lot to be established by the Municipality, and will be added to 2012 budget at a cost of approximately $9000.00 • No access to water. • Will require fencing. 2) 181 Liberty Street South, Tourist Information Bureau, Bowmanville • Rear section of lot measuring approx .5 hectares. • Will accommodate approx. 100 Plotholders. • Off street parking available. • Has access to water. • Will require fencing. 3) 285 West Beach Road, Bowmanville Boat Launch, northeast section • Section located under Hydro towers measuring approx .7 hectares. • Will accommodate approx. 175 Plotholders. • Off street parking available. • Has access to water. • Will require additional fencing. • This is to be considered for other recreational uses. 10 -4 REPORT NO. OPD- 006 -11 6.0 RECOMMENDATIONS PAGE 5 6.1 Staff is recommending that the site at 1150 Haines Street be developed as a Community Garden. The site offers the largest area to accommodate Plotholders, and has the best soil conditions of the three sites. The financial impact of the development of this site will be minimal. Municipal staff will prepare the site in 2011 by plowing for the initial season, and develop an off road parking lot in 2012 once budget is approved. The Garden Collective will be responsible for ongoing maintenance and development which may include fencing and a water source. 6.2 A public information session will be held following Council approval to present the Community Garden Project, and to select an interim Collective Committee to proceed with the project. 7.0 ATTACHMENTS: Attachment No. 1 - Correspondence Item D -5 Attachment No. 2 - Proposed Lease Agreement Attachment No. 3 - Map of Proposed Location at 1150 Haines Street Attachment No. 4 - Map of Proposed Location at 181 Liberty Street South Attachment No. 5 - Map or Proposed Location at 285 West Beach Road Interested Parties: S. Leetooze Vincent Powers CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 263 -2292 F (905) 263 -4433 10 -5 Request: I would like to see Clarington Council provide land for "garden allotments" within Bowmanville (and any other communities within this municipality that request space). I am an advocate of the 50 mile diet - or better yet, the 5 mile diet - or why not right here in our own community - with back yard gardens. Many of us in Bowmanville do not have backyards, or backyards that are too small to put in a garden of any size. A couple of tomato plants in a planter on a patio or apartment balcony is a start, but it just doesn't constitute growing your own food. An allotment scheme would benefit many families. Now that Canadians from coast to coast are trying to find ways to "green" our communities and to decrease our footprint on the earth, it is a wise council who can provide such a program to their citizens. More and more, with the disappearance of Ontario's food production land (councils across Ontario - you folks included - are allowing it to be used for residential and industrial purposes) we have had to rely on other countries to provide us with food. Nearly everything in our super markets comes from somewhere else these days. Think how much fuel it has taken to get it here! Understand that many of these countries drench their crops with poisons! We have to rely on our own initiative to supply ourselves with our own food that is healthier and fi-esher than anything we can buy. We are blessed, herein Clarington, to have some very good "pick your own" farms; and vegetable markets on our doorstep. But let's not sit back and say the problem has been looked after. It hasn't, We need to do more. That is why I am requesting that council provide garden allotment space throughout the community for those who wish to be more or less self sufficient. I would like to start using an allotment as soon as I can - as soon as you can find a spot on municipally owned land in a central place in Bowmanville. It would also be my pleasure to sit down with the appropriate department and assist in formatting the responsibilities and management policies for these allotments - such as what can be allowed on these properties( usage, structures, etc); any existing bylaws or bylaws needed to protect those (and their property) while using the allotments; etc. etc. I realize this is not just a matter of allowing vacant land to be used for gardening - there has to be a structure so that everyone can enj2X this sort of opportunity. Britain has developed a very good "allotment" program within hei and I think using their model would probably satisfy most Canadian co unities includ' Clarington. REVIEWED HY OR104NAL TO: Thank you. I look forward to speaking to my request to council in the near Sher Leetooze kTTAGHMENT NO. 1 iEfJORT NO. OPD- 006 -11 N W, COUNCIL Q COUNCIL Cl FILE DIRECTION INFORMATION COPY TO: Q MAYOR Q MEMBERS Q CAO OF COUNCIL Q COMMUNITY Q CORPORATE Q EMERGENCY SERVICES • SERVICES SERVICES / GNOINEERING O MUNICIPAL VOPERATIONS = SERVICES CLERK'S W'PLAHNING Q SOLICITOR Q TREASURY SERVICES Q OTHER - MUNICIPAL CLERK'S FILE ATTACHMENT NO. 2 REPORT NO. OPD -006 -1 LICENSE AGREEMENT THIS LICENSE is made as of the day of 12011 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality ") - and - THE COMMUNITY GARDEN COLLECTIVE (the "Licensee ") ARTICLE 1 - INTERPRETATION Definitions 1. In this License, (a) "Commencement Date" means , 2011; (b) "License" means this License as it may be amended from time to time; (c) "Premises" means the Municipality -owned lands legally described as the Municipality of Clarington, Regional Municipality of Durham; and (d) "Term" means the term of this License as set out in Section 10. Headings 2. The division of this License into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this License. Severability 3. All of the provisions of this License are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this License and the remaining provisions of this License shall remain in force. Number 4. Wherever a word importing the singular number only is used in this License, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. ow K Governing Law 5. This License shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This License constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. ARTICLE II - GRANT AND USE Grant 7. In consideration of the performance by the Licensee of its obligations under this License, the Municipality Licenses to the Licensee the Premises for the Term and covenants to observe and perform all of the covenants and obligations to be observed and performed by the Municipality under this License. Inconsideration of the performance by the Municipality of its obligations under this License, the Licensee takes the Premises on License from the Municipality and covenants to pay the rent and to observe and perform all other covenants to be observed and performed by the Licensee under this License. Use of Premises 8. The Premises shall be used only for the operating of a garden for cultivation by the public (Community Garden) purposes and for no other purpose without the prior written consent of the Municipality. Nuisance 9. The Licensee shall not carry on any business or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the Municipality. ARTICLE III -TERM Term 10. The term of this License shall commence on January December 31, 2012, with a right to four (4) additional one (1) year extensions 1, 2012 and shall expire on. Overholding 11. If the Licensee remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this License or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Licensee shall be deemed to be occupying the Premises as a Licensee from month to month and otherwise upon the same terms, covenants and conditions as are set forth in this Agreement insofar as they are applicable to a monthly tenancy. Ie 3 ARTICLE IV - RENT Rent 12. The Licensee shall pay to the Municipality as rent the sum of ONE Dollar ($1.00) per annum. 13. The Licensee shall pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this License. Property Taxes 14. The Licensee shall pay all real estate taxes, general taxes, school taxes, levies, rates, duties, assessments and charges imposed against the Premises by municipal or other governmental authorities having jurisdiction. 15. The Licensee has the right to contest or review the assessment of the Premises for property taxes by legal proceedings or in such manner as the Licensee in its opinion deems advisable. Any proceedings or other steps taken by the Licensee, if instituted, shall be conducted at its own expense. ARTICLE V - MAINTENANCE, REPAIRS AND ALTERATIONS Maintenance and Repair of Premises 16. The Licensee, at its sole cost and expense, shall maintain and keep the Premises in a good and substantial state of repair. Alterations /Improvements to Premises 17. The Licensee hereby accepts the land in the condition existing as of the date of this agreement plus any alterations under taken by the Municipality, and will not call upon the municipality to do or pay for any work or supply any equipment to make the lands more suitable for the proposed use by the Licensee hereunder. 18. The Licensee shall only be permitted to make alterations and improvements as are agreed to by the Municipality. Removal of Improvements 19. The Licensee shall, unless specifically requested by the Municipality not to do so, remove all improvements that it has installed on the Premises and shall restore the Premises, as nearly as possible, to the state they were in before such improvements were made. WIM, 0 ARTICLE VI INSURANCE AND INDEMNITY Licensee's Insurance 20. The Licensee, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located in' the Premises; and (b) commercial general liability insurance pertaining to the Licensee's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than five million dollars ($5,000,000.00) for claims arising out of one occurrence. Such policy shall also name the Municipality as an additional insured and may not be cancelled unless prior notice by registered letter has been given to the Municipality by the insurer 30 days in advance of the expiry date. 21. Prior to the Commencement Date, the Licensee shall file with the Municipality_ a Certificate of Insurance in a form satisfactory to the Municipality's Treasurer verifying that the commercial general liability in policy is in effect and setting out the essential terms and conditions of the insurance. 22. The provision of the insurance policy required by this section shall not relieve the Licensee from liability for claims not covered by the policy or which exceed its limits, if any, for which the Licensee may be held responsible. Insurance Risks 23. The Licensee shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the Municipality's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the Municipality from procuring its policies with companies acceptable to the Municipality. If the occupancy of the Premises, the conduct of business in the Premises or any acts or omissions of the Licensee on the Premises causes or results in any increase in premiums for any of the Municipality's insurance policies, the Licensee shall pay such increase to the Municipality. Indemnification 24. Each of the Municipality and the Licensee shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non - performance by the party so indemnifying of any covenant, term or provision of this License or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the Municipality or the Licensee, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section 10 -10 5 does not extend to claims, losses or damages resulting in whole or in part from the gross negligence orwilful misconduct of the party claiming indemnification, its employees orthose for whom it is in law responsible. ARTICLE VII - REMEDIES ON DEFAULT Municipality's Right to Remedy Default 25. In addition to all other remedies the Municipality may have under this License and in law, if the Licensee is in default of any of its obligations under this License, and such default has continued for a period of ten (10) days after receipt of notice by the Licensee (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the Municipality will not be required to give notice), the Municipality, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Licensee shall be responsible for all such costs. Waiver 26. No condoning, excusing or overlooking by the Municipality of any default, breach or non - observance by the Licensee at any time or times in respect of any covenant, obligation or agreement under this License shall operate as a waiver of the Municipality's rights hereunder in respect of any continuing or subsequent default, breach or non - observance, or so as to defeat or affect in any way the rights of the Municipality in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Licensee save only an express waiver in writing. ARTICLE VIII - OPERATIONS 27. The Licensee shall develop, manage and maintain the Community Garden at no cost or liability to the Municipality, including, but not limited to, (a) Developing a code of conduct governing the use of the Community Garden by the users of the Community Garden ( "Community Gardeners ") to ensure fairness and respect for all Community Gardeners and their plots, materials and equipment as well as the Municipality's land and infrastructure. (b) Requiring Community Gardeners to execute a use agreement with respect to their use of the Community Garden acknowledging each Community Gardener's willingness to comply with the Licensee's code of conduct as well as all other rules and regulations as set out by the Municipality or the Licensee. (i) Revoking any Community Gardener's use of the Community Garden and Lands for non - compliance with the code of conduct, use agreement, or Municipality or Licensee rules and regulations, or at the request of the Municipality. (c) Giving priority to Clarington's residents for use of the Community Gardens. (d) Maintaining the Lands and the equipment thereon in a neat, clean and well -kept 10 -11 manner. (e) Ensuring that the Community Garden is prepared for planting by either the Licensee or the Community Gardeners. (f) Supplying or arranging the supply to the Community Gardeners with seeds, fertilizer and tools for proper preparation and cultivation of the Community Garden. (g) Cleaning up the Community Garden and the Lands by October 26th of each year. (h) Paying all operating costs, including but not limited to the cost of fencing if required and the cost of site security if necessary. The Licensee shall also supply and pay for portable washrooms for use by the Community Gardeners. 28. Community Gardeners may use the Lands between Dawn and Dusk seven days per week. Absolutely no use of the Lands will be permitted by the Municipality outside of those times. 29. Produce and crops grown in the Community Garden are not for private profit. ARTICLE IX — MISCELLANEOUS 30, The Licensee hereby accepts the land in the condition existing as of the date of this agreement plus alterations undertaken by the Municipality, and will not call upon the municipality to do or pay for any work or supply any equipment to make the lands more suitable for the proposed use by the Licensee hereunder. Quiet Enjoyment 31. The Municipality shall permit the Licensee to peaceably possess and enjoy the Premises during the Term without any interference from the Municipality, or any person lawfully claiming by, from or under the Municipality provided the Licensee is not in default. Right of Entry 32. The Licensee agrees to permit the Municipality and authorized representatives of the Municipality to enter the Premises during normal business hours for the purpose of inspecting the same on prior notice to the Licensee (except in an emergency where no notice shall be required), and the Licensee shall arrange for such entry at a time convenient to both parties. The Municipality shall use its best efforts to minimize the disruption to the Licensee's business operations during any such entry. 33. This Agreement shall not be constructed as providing to the Licensee any ownership or other interest in the Lands, other than limited term use rights as contained in this Agreement, and is not intended to convey any legal or beneficial ownership in the Lands or any license or use rights to the Licensee or any other person. 10 -12 7 34. This Agreement may be disclosed in response to a request for records pursuant to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O.1990, Chapter M.56, as amended from time to time. Signs 35. The Licensee may only erect signs on the Premises with the Municipality's prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 36. The Licensee, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by -laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use or occupation of the Premises by the Licensee or the making of any improvements to the Premises by the Licensee. Notice 37. Any notice required to be given by the Licensee to the Municipality under this License shall be in writing and shall be delivered to: The Community Garden Collective Attention: or such other address of which the Municipality has notified the Licensee in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this License. 38. Any notice required to be given by the Municipality to the Licensee under this License shall be in writing and shall be delivered to: The Corporation of the Municipality of Clarington 40 Temperance, Street Bowmanville, Ontario Attention: Purchasing Manager or such other address of which the Licensee has notified the Municipality in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this License. 10 -13 Assignment and Subletting 39. The Licensee shall not assign this License or sublet all or any portion of the Premises without the prior written consent of the Municipality. Successors and Assigns 40. This License shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. IN WITNESS WHEREOF the parties have executed this License. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Adrian Foster, Mayor PER: Patti Barrie, Municipal Clerk THE COMMUNITY GARDEN COLLECTIVE -9. PER: 10 -14 I.n T I 0 r Key Map (Bowmanville) o w w o 00 P Soper Creek Z z 0❑ HGSTR��T ❑Elakl �ST D F Subject Lands 1220 m co D w 0 z 2 ¢ O 1200 BASELINE ROAD m g HIGyI,ygY40' 1150 59 ® Subject Lands w Z 55 w Q U) 1084 N Q REPORT OPD- 006 -11 w ATTACHMENT NO. 3 DATE MAY 2011 I.n T I 0 r co T- T- Key Map (Bowmanville) 151 m 122 0000 Co O co 0 Q N BASELINE ROAD WEST �ST OOOu� F C� 155 o 0 W F- 157 C� W Lo Ui = lj Cl) to 0 m <L �y tJ� D 140 �� ❑ BASELINE ROAD �'- U) 161 T 138 �O W160 lz HOTEL W 13 6 7 y'GywAY401 D 0 W O Subject Lands U) 170 >- 181 PLAZA ry INFORMATI LL.I CENTRE m J ® Subject Lands HiGHWAY40 1 LAKE ROAD REPORT OPD- 006 -11 ATTACHMENT NO.4 DATE MAY 2011 co T- T- **go 00 DAD • i e • • • • • • • • i 1_^ • .• _z. 70 51 Q ry z Q 59T z J Q Lo. Key Map (Bowmanville) h W W 2 F N co LU Z 2 BASELINEII ROAD it Subject Lands K 0 a ® Subject Lands REPORT OPD- 006 -11 ATTACHMENT NO. 5 DATE MAY 2011 T I 0 T Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, June 27, 2011 Report #: OPD- 008 -11 File No.: By -law #: Subject: 2011 WINTER BUDGET REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD- 008 -11 be received for information; Submitted by: AL&2 _ Fre orvath B.A., R. D. M. R., R.R. F.A. Director of Operations FW /kr Reviewed by: U � r � C4' Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 10 -18 REPORT NO.: OPD- 008 -11 1.0 BACKGROUND AND COMMENT: PAGE 2 1.1 As of May 27, 2011 from January 1St to May 27th the Operations Department incurred 4,629 hours of total overtime. The following is a comparison of overtime costs for the same period over three years: Year Over Time Hrs Double Time Hrs Lieu Time Hrs Total Hrs Cost 2008 2,681.5 1,686.5 .1,381.5 5,749.5 $213,197.56 2009 1,420.5 1,109.0 999.5 3,529.0 $168,463.24 2010 750.5 335.5 799.5 1,885.5 $ 82,306.63 2011 2,204.5 1,213.0 1,211.5 4,629.0 $217,242.00 1.2 During the first four month period the Operations Department provided 35 responses, which included 14 full call outs. Please note in the following table the total number of our responses for the 2011 winter season compared to the previous five years: YEAR JAN FEB MAR APR TOTAL 2006 19 18 9 0 46 2007 17 27 13 2 59 2008 19 27 18 0 64 2009 28 13 1 2 44 2010 12 16 0 0 28 2011 19 16 0 0 35 Spring clean up of winter sand was completed by May 27th 2.0 BUDGET: 2.1 For 2011 Council approved a winter maintenance budget of $1,737,600; plus $120,000 for sidewalks and parking lots and a Senior Snow Clearing contract of $19,500. 10 -19 REPORT NO.: OPD -008 -11 2.2 Winter Maintenance: As of May 27, 2011, the following table illustrates the expenditures incurred. PAGE 3 Winter Control 2011 Budget 2011 Actual Variance Plowing $ 329,600 $ 337,592 ($ 7,992) Sanding /Salting $1,153,500 $ 972,370 $ 181,130 Winter Mtce Other $ 254,500 $ 383,853 ($129,353) Total $1,737,600 $ 1,693,815 $ 43,786 In the BIA areas once there is an accumulation of 24" snow removal operations are scheduled. There were three (3) snow removal operations between January and February of 2011 compared to zero (0) snow removal operations for the same period in 2010. The variance of the 2011 winter annual maintenance budget to actual up to May 27th of $43,786 includes an estimated sand /salt end of season inventory value of $100,400. 2.3 Sidewalk Snow Clearing Contract: The total budget for this program in 2011 is $120,000 with an actual expenditure of $98,832 as of May 27th 2.4 2011 Senior Citizens and Physically Disabled Sidewalk Program The total budget for this program for 2011 is $19,500 with an actual expenditure of $46,617 as of May 27th, based on the 276 registrants received. Below is a table of call -out statistics for this program from 2002 to April 2011: Call -Out Statistics 10 -20 January February March April November December Total 2002 10 10 7 0 2 11 40 2003 23 14 11 4 1 6 59 2004 20 9 3 0 1 9 42 2005 11 5 9 0 5 10 40 2006 7 9 2 0 0 3 21 2007 12 12 6 1 2 12 45 2008 11 10 9 0 2 13 45 2009 8 4 0 1 0 4 17 2010 7 7 0 0 1 13 28 *2011 14 16 7 n/a n/a n/a 37* 10 -20 REPORT NO.: OPD -008 -11 A total of 37 callouts for winter sidewalk maintenance to date in 2011. 2.5 2011 Senior Citizens and Physically Disabled Sidewalk Program Statistics: Area 2010 -2011 Season New Returning Total Bowmanville 14 122 136 Burketon 0 2 2 Courtice 14 66 80 Enniskillen 0 2 2 Hampton 0 7 7 Newcastle 7 23 30 Newtonville 1 3 4 Orono 4 11 15 Totals 40 236 276 3.0 CONCLUSION: PAGE 4 3.1 The current surplus reflected in this report is based on year to date actual. Final annual results will therefore be impacted by November to December 2011 winter conditions. Staff will continue to provide storm updates to you throughout the fall and winter and will report to Council in early 2012 on the costs of the 2011 winter maintenance program. 10 -21 VAM61 EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 27, 2011 Resolution #: By -law #: n/a Report #: ESD -008 -11 File # n/a Subject: MONTHLY RESPONSE REPORT — MAY - 2011 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD- 008 -11 be received for information. Submitted by: t— Gordon Weir, AMCT, CMM111 Director Emergency & Fire Services GW /tw Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623 -3379 11 -1 REPORT NO: ESD- 008 -11 1.0 BACKGROUND PAGE 2 1.1 Report ESD- 008 -11 covers the month of May and is intended to provide Council with relevant, timely information on the activity of the Emergency and Fire Services Department. 2.0 COMMENT 2.1 The Department responded to 279 calls during this period and recorded total fire losses of $336,600. Attachment 1 to Report ESD- 008 -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- 008 -11 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT REPORT PERIOD: May 1, 201100:00:00hrs - May 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 THIS 152 30 13 69 15 279 MONTH TO DATE 785 154 89 354 70 1452 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 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT CALL TYPE SUMMARY; 2011 TODATE PERIOD 2010 $336,600 THIS PERIOD TO DATE PERIOD TO DATE TOTALS 279 1452 271 1306 FIRES 10 41 12 78 OUTDOOR, NO LOSS FIRES 7 39 0 12 NON FIRE CALLS 262 1372 259 1216 Burning (controlled) 15 29 9 34 CO False calls 17 9.1 15 81 False fire calls 26 147 24 114 Medical /resuscitator calls 138 752 138 687 Other response calls 21 82 28 99 Pre fire conditions /no fire calls 9 20 9 23 Public hazard calls 6 76 10 45 Rescue calls 30 175 26 133 DOLLAR LOSS SUMMARY 2011 THIS TODATE PERIOD $336,600 $1,924,400 11 -4 2010 SAME TODATE PERIOD $64,700 $2,229,800 Attachment #1 to ESD- 008 -11 CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT ENFORCEMENT SUMMARY 4MARY 2010 2011 TODATE THIS 141 ACTIVITY 34 TODATE 13 PERIOD 50 FIRE INSPECTIONS 28 135 COMPLAINT INSPECTIONS 8 60 FIRE SAFETY PLAN 0 0 1 2 17 REVIEW PLANS REVIEW 6 53 SITE VISIT/ 4 41 APPROVAL /PERMIT ALARM FOR LIFE PROGRAM RESIDENTIAL 0 0 VISITS PART 1 SMOKE ALARM 0 0 TICKETS ISSUED PART 3 FIRE CODE 0 3 CHARGES FIRE INVESTIGATION 3 17 PUBLIC EDUCATION SUI 2010 THIS ACTIVITY TODATE PERIOD STATION TOURS 3 12 SCHOOL VISITS 4 5 FIRE SAFETY HOUSE VISITS 0 1 PUBLIC EVENTS 2 6 SAFETY LECTURES 3 15 FIRE EXTINGUISHER 1 4 TRAINING FIRE TRUCK VISITS 0 0 4MARY 2010 SAME PERIOD TODATE 37 141 8 34 0 13 6 50 9 60 0 3 0 0 0 0 0 1 2009 SAM E PERIOD TODATE 2 19 0 9 4 4 3 6 1 4 0 0 3 4 11 -5 Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: June 27, 2011 Resolution #: By -law #: N/A Report#: CSD- 011 -11 File #: Subiect: GRADE 5 ACTION PASS — FAMILY ENGAGEMENT STRATEGY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD- 011 -11 be received for information. Submitted by: ) PC /S M /EM /wg Feph P. Caruana ector, Community vices Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 12 -1 REPORT NO.: CSD- 011 -11 1.0 BACKGROUND PAGE 2 1.1 The Municipality of Clarington has been a partner in the Durham Grade 5 Action Pass which was introduced in 2008 to all grade 5 students in Durham Region. The pass provides free access to public swimming, skating and drop -in basketball during the year the student is in grade 5. 1.2 The Durham Grade 5 Action Pass originated through the partners of Durham Lives! - Physical Activity Working Group. Durham Lives! was formed in 1998 as a result of funding from the Ministry of Health and Long Term Care. Durham Lives! promotes physical activity, healthy eating and smoke -free living for a healthy community. 1.3 At that time, just over one third of children and youth met the guidelines for optimal growth and healthy development (Active Healthy Kids Canada, 2008). It was noticed that children's habitual physical activity levels were low, and more importantly, these levels decline dramatically from childhood through adolescence. In addition to their bodies changing and activity levels going down, adolescence is an age where the children are becoming more independent and wanting to get involved in their own activities, but at the same time they still have strong family ties, and want to be involved in their family happenings. 1.4 Durham Lives! decided to target ten year olds with a Grade 5 Action Pass, to generate interest in fun activity that may carry on into future years, maintain a regular commitment to fun physical activity throughout their teens, as well as help address the rising obesity and inactivity levels being experienced in that age group. 1.5 Since its implementation, the Durham Grade 5 Action Pass has been very popular and successful in Clarington. . Number of Grade 5 Action Passes Activated: 2008 / 2009 1 . ' 1 2009 / 2010 - 2010 / 2011 336 1 115 +264 ear to date) i) In 2009, the Durham Region Health Department assumed the promotion of the Grade 5 Action Pass with the intent of physically distributing the material to the schools by Public Health Nurses on their regular school visits. However, in fall 2010, there was an outbreak of H1 N1 (Swine Flu) and all Public Health Nurses were seconded to flu shot clinics. This contributed to the significant decrease of memberships in 2009/2010. ii) In 2010, we saw 9.5% of previous Grade 5 Action Pass holders continue to participate in some form of registered recreation with the Community Services Department. 12 -2 REPORT NO.: CSD- 011 -11 PAGE 3 2.0 FAMILY ENGAGEMENT STRATEGY 2.1 The Canadian Parks and Recreation Association (CPRA) is a national alliance of professionals, volunteers and elected community leaders that influence the delivery and access to quality recreation, parks, sport and culture for 95% of Canadians in over 2600 communities in Canada. CPRA's mandate is to provide support to its membership, enhancing their effectiveness and capacity to build and develop strong, vibrant communities using parks and recreation as a means. 2.2 For the past ten years, CPRA has successfully led the Everybody gets to PlayTM initiative and has made significant progress toward achieving its goal of enhancing the quality of life of Canadian children and youth living in low- income families through increased access to and participation in quality recreation, sport, and physical activity opportunities. 2.3 A similar initiative to Durham's Grade 5 Action Pass was introduced through CPRA as a pilot project in municipalities across Canada in 2009/2010. The program was well received and following requests for expansion, CPRA recently applied for and received funding from the Public Health Agency of Canada to implement a new project titled Canada Gets Active: Family Engagement Strategy. 2.4 Clarington, as a provider of the Grade 5 Action Pass, has been invited along with other Durham Region partners, to pilot the Family Community Physical Activity Pass which aims to increase access to and participation in community recreation facilities by the families of grade 5 students. 2.5 The Active Healthy Kids Report Card, 2011, states that since the obesity epidemic is affecting both children /youth and parents, strategies should be investigated that encourage whole families to be physically active and reduce sedentary time. Parents need to be encouraged to role model healthy physical activity for their children. 2.6 Many parents perceive their kids as active, when they are actually not active enough— 88% of parents think their kids get plenty of exercise, but we know that only 13% of kids are meeting Canada's physical activity guidelines (Active Healthy Kids Report Card, 2009). 2.7 Parents who are active have more active children. However, parents say they have less time to be active with their kids. Active time should be promoted as quality family time to help combat this perceived barrier of lack of time. Perhaps parents don't realize their own physical activity and sport participation habits influence their kids' activity levels. Getting active is the right thing to do as role models, and will also help parents achieve a healthy balance and meet the demands of parenting. 12 -3 REPORT NO.: CSD- 011 -11 PAGE 4 2.8 An evaluation of the pilot communities will be completed by Queen's University researchers and will serve to generate further evidence for future community based interventions aimed at increasing facility use and physical activity involvement in other age groups. Some of the research techniques that will be used include pre and post project focus groups, surveys and tracking of pass use. 3.0 , PROJECT ACTIVITIES AND OUTCOMES 3.1 Grade 5 Action Pass participants will continue to have access to all drop -in public swim, public skate and identified drop -in programs across Durham Region. This current initiative will be expanded to include their family members when accompanied by the grade 5 student for access to participate in designated activities at the pilot project partners. 3.2 The Municipality of Clarington is pleased to expand the current Grade 5 Action Pass to include their family members. The family of the Grade 5 Action Pass holder will be able to participate in public swimming, public skating and drop -in basketball at no cost when accompanied by the grade 5 student for a 12 week period (September 26 to December 18, 2011). 3.3 The key outcome of this project will be to bring awareness to the community at large of the physical activity opportunities provided by the Municipality of Clarington. The intent is to increase participation and usage of the municipal facilities in order to sustain the project going forward. An anticipated outcome is that families will realize the benefit to their health and family life by participating in activities together at their local community centres and that they will continue to access these programs once the project is completed. 3.4 We anticipate a successful retention rate, as we have witnessed an increasing and positive retention rate among previous Grade 5 Action Pass holders after their pass is completed. 4.0 COMMENTS 4.1 The Municipality of Clarington — Community Services Department is interested in pursuing the Grade 5 Action Pass — Family Engagement Strategy pilot project opportunity for September 2011 for 12 weeks. Once the pilot project is complete, staff will determine its success and will decide on future opportunities for implementation. 4.2 The program's success will be evaluated by the number of participants that register for the program. There will be additional subjective research information provided by the Coordinators of the program at Queen's University which will be 12 -4 REPORT NO.: CSD- 011 -11 beneficial in assisting staff in evaluating the success of the project and in determining a recommendation for the continuation of the initiative. 7_Lr]M 12-5 • Leading the Way COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 27, 2011 Report #: CSD- 012 -11 File #: Resolution #: By -law #: Subject: SCHEDULE OF RATES AND FEES 2011/2012 — 2012/2013 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD- 012 -11 be received; and 2. THAT Council approve the attached Rates and Fees Schedule for the two (2) year period, September 1, 2011 — August 31, 2013. Submitted by: Jo Di JPC /SM /GA /wg /lw h P. Caruana Dr of Community Services Reviewed Y Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F(905)623-5506 12 -6 REPORT NO.: CSD- 012 -11 1.0 BACKGROUND PAGE 2 1.1 In May 2009, Council approved Report CSD- 010 -09 which recommended rates and fees associated with municipal recreation programs, facilities and services for the period September 1, 2009 to August 31, 2011. 1.2 Currently, the Community Services Department completes a review and recommends revisions to established rates and fees every two (2) years. Proposed rates and fees in this report are similar to previous years in that any proposed increases would be effective annually on September 1St (2011 and 2012). 1.3 In the review of current rates and fees, staff have taken into account the direct costs to provide the program or service, current fees for existing similar programs and services (for new programs) and where possible, a comparison of similar programs in neighbouring municipalities. For the purpose of this report, staff did complete a review of current fees for Port Hope, Oshawa, Whitby and Ajax. 1.4 Harmonized Sales Tax (HST) where applicable, would be in addition to the Community Services rates and fees as shown in Attachment 1. 2.0 SUMMARY OF MAJOR CHANGES 2.1 Pay -as- you -go Activities i) Community Services strives to maintain the fees for pay -as- you -go activities as low cost opportunities where everyone in the community has the opportunity to participate. Pay -as -you go activities are primarily transactions that occur as one -time cash payments. ii) At this time, staff is not recommending any fee increases in this area, however, some pay -as- you -go fees may show a slight increase or decrease in order to have the tax inclusive price rounded to the nearest nickel. 2.2 Memberships i) The structure for fitness memberships at the Courtice Community Complex was implemented when the fitness centre was expanded in 2001. Upon review, staff believes it is time to re -visit the membership structure and propose changes to the existing membership types as well as current fees. ii) As these changes are more significant than what are typically dealt with through a fees and rates report, staff are proposing no change to the current membership fees at this time and are planning to include a full 12_7 market analysis of all facility membership fees as well as a recommended REPORT NO.: CSD- 012 -11 PAG E 3 membership structure as a part of the Community Services Department Strategic Plan Update which is planned for later this year. 2.3 Aquafit Currently, Aquafit.is offered at all municipal indoor pools. The following is a summary of participation levels throughout 2010 (number represents registration in a session of Aquafit (12 weeks fall, winter, spring or 8 weeks summer). Classes per Week Adults Seniors Total One 169 83 252 Two 65 98 163 Three 15 23 38 ii) Historically, the fees for aquafit have been discounted if participants attended more than one (1) class per week. In addition, all seniors also receive a 50% subsidy on all recreation programs, including aquafit. iii) Through this rates and fees report staff have identified that the current fee for aquafit (two and three times per week) is below our municipal comparators and not achieving current revenue targets. As such, staff is proposing the discontinuation of the multiple class per week discount. It is anticipated that this will not be favourably received by the participants and therefore staff are recommending a modest phased in annual increase until such time as the discount is eliminated. This report proposes: a) That the one class per week fee be held at the current 2010/11 rate. b) That the two and three class per week fee increase by 5% per year until such time as the rate equates the one class price (multiplied by the number of classes attended). 2.4 Day Camp — Before and After Care i) Currently in addition to day camps that operate Monday to Friday 9:00am- 4:30pm during "non - school' weeks, the Community Services Department offers before and after camp care services for working parents who cannot drop -off and pick up campers at the beginning and end of each camp day. Before hours care is from 7:00- 9:OOam and after hours care is from 4:30 - 6:00pm. The current fee structure is based on a rate of $3.00 /hr or $30.00 for before camp care and $22.50 for after camp care or $52.50 per week for both. This fee is in addition to the day camp registration fee of approximately $140.00. ii) In an attempt to increase the number of parents who utilize this service and make the service more cost effective staff is proposing a weekly fee of $40.00 which would include both before and after camp care. 12 -8 REPORT NO.: CSD- 012 -11 2.5 Hall Rental Rates PAGE 4 i) Rates for all multi - purpose and meeting rooms are recommended to be maintained at the existing rate for the first year of this two (2) year rate program, with a 2% increase to all rates for the second year. All rates have been rounded. ii) In addition, we have included an eight (8) hour rate for all meeting rooms that would provide a discount on the hourly rates for events that exceed the existing four (4) hour rate. iii) A new set of rates has been proposed for the South Courtice Arena - Upper Viewing Area to provide a percentage discount for rental of multiple sections of this room. Two (2) sections receive a 20% discount and three (3) sections a 30% discount. 2.6 Ice Rental Rates i) In addition to a 2% increase on ice rates for each year of this program, staff recommend the elimination of rates that are redundant: a) Elementary /High School Prime & Non -Prime rates — the existing youth rates are identical and applicable. b) Hockey School rate — this rate is no longer used as all summer non - prime rentals are charged at applicable youth rate. ii) Staff is recommending a revision to most summer ice rates to be consistent with winter rates, with the exception of the Summer Youth Non - Prime rate. Historically, summer ice rates were higher than winter rates due to the increased cost in operating ice plants in the warmer summer months. However, in recent years with the increase in the number of ice pads operating during the summer months in Durham Region, users have a number of options and price competition becomes a viable strategy. iii) Maintaining a reduced Youth Non -Prime rate for July and August will assist staff in maintaining and /or increasing ice rentals during the weekday daytime hours. 2.7 Miscellaneous Rentals i) Indoor Soccer Half Field - these new rates will provide flexibility for staff in renting the facility for smaller uses. ii) Statutory Holiday Surcharge — this rate has been increased to $60.00 per hour to reflect the increasing cost of providing staff to operate facilities on holidays. This rate is applied in addition to all regular rental costs that may apply (i.e. ice, hall etc). 12 -9 REPORT NO.: CSD- 012 -11 PAGE 5 3.0 COMMENTS 3.1 Generally, proposed fee increases found in Attachment 1 for the majority of services range between 2% and 5 %. 3.2 The Community Services Department continues to focus efforts on maintaining quality services at reasonable rates, encouraging community participation and active living. In the preparation of this report staff monitored various trends in recreation programming and comparable services provided by neighbouring municipalities. 3.3 As Council is aware, the Community Services Department continues to face increasing operating costs. In the preparation of this report, staff has attempted to limit fee increases wherever possible while still recognizing known and anticipated increases to operating expenses. Attachment: Attachment 1 — Schedule of Rates and Fees 2011/2012 — 2012/2013 12 -10 N MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Departmen Fees Shown Do Not Indude Applicable Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE Swim /Skate Adult per visit $3.57 $3.54 $3.54 Youth per visit $2.75 $2.75 $2.75 Senior Family /Group (max 5, 2 adults) per visit pervisit $2.75 $8.81 $2.74 $8.8S $2.74 $8.85 3 yrs & under per visit Complimentary Complimentary Complimentary Shinny Adult per visit $6-20 $6.37 Youth per visit $4.43 $4.50 Shinny 55 55 yrs+ per visit $4.43 $4.42 1Cfl.mpr.me$n Skate 55 S5 yrs+ per visit Complimentary Complimentary Parent &Tot Skate Parents &Tots per visit Complimentary Complimentary Ticket Ice - Figure Skating All per visit $6.20 $6.19 $6.19 Indoor Soccer Adult per visit $6.20 $6.19 $6.19 Aquafit Adult per visit $7•S7 $7.96 $8.41 Youth per visit $3.98 $4.00 $4.25 Senior per visit $3.98 $3.98 $4.25 Fitness Centre (CCC) Adult per visit $8.57 $8.76 $8.94 Youth per visit $4.52 $4.75 $4JS Senior per visit $4.52 $4.78 $4.78 Group Fitness Class Adult per class $6.19 $6.37 $6.55 Youth per class $3.10 $120 $130 Senior per class $3.10 $3.19 $3.27 After School Program Youth per Visit $1.00 $1.00 $1.00 Pre -Teen Dances Gr 5 -8 per dance $9.00 $9.00 $9.00 Squash Adult per 40 min $8.57 $7.96 $7.9-6 Youth per 40 min $4.76 $4.00 $4.00 Senior per40 min $4.76 $3.98 $3.98 Basketball Drop -in Basketball Drop -in Basketball Drop -in Adult Senior Youth per visit per visit per visit $4.81 n/a Complimentary $4.82 $2.39 Complimentary $4.82 $2.39 Complimentary Pagel of19 Pay -Go Activities (All) rr e-P v n S CD 3 e-t N O M fD -0 O rt n (/Y v 6 N N N MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Departmei Fees Shown Do Not Include Applicable Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior ) DURATION . (hrs X wks 2010/11 RATES PROPOSED FEE PROPOSED FEE Swim /Skate Adult 10 visits $28.30 $30.00 $31.85 Youth 10 visits $22.00 $23.25 $24.75 Senior 10 visits $22.00 $23.25 $24.65 Family /Group (5 max, 2 adults) 10 visits $69.81 $74.00 $78.50 Shinny Adult 10 visits $55.80 $56.25 $57.30 Youth 10 visits $39.87 $40.25 $40.45 Shinny 55 55 yrs + 10 visits $39.87 $39.80 $39.80 Ticket Ice All 10 visits N/A $56.25 $57.50 Drop In Soccer Adult 10 visits N/A $56.25 $57.50 Fitness Centre Adult 10 visits $71.70 $76.00 $80.50 Youth 10 visits $35.85 $38.00 $40.25 Senior 10 visits $35.85 $38.00 $40.25 Group Fitness Class Adult 10 classes $49.06 $52.00 $55.00 Youth 10 classes $24.53 $26.00 $27.50 Senior 10 classes $24.53 $26.00 $27.50 After School Program Youth 10 visits $8.00 $9.00 $9.00 Squash Adult 10 visits $67.90 $70.00 $71.65 Youth 10 visits $38.10 $35.00 $36.00 Senior 10 visits $37.71 $35.00 $36.00 Basketball Basketball Adult Senior 10 visits 10 visits N/A N/A $43.40 $21.501, • $43.40 $21.50 N 1 -` Page2 of19 10 Visit Passes (All) N N I W MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Departmer Fees Shown Do Not indude Applimbl,Ta- Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE Fitness Membership (CCC) 'includes fa- centre, group fitness classes, Squash(CFC) and recreational swimming skating at any pool. ' Adult Senior Youth - Additional Adult (Family Discount) Annual Annual Annual Annual $451.49 $334.90 $334.90 $339.62 $451.00 $335.00 $335.00 $340.00 $451.00 $335.00 '$335.00 $340.00 Additional Youth (Family Discount) Annual $221.70 $222.00 $222.00 Additional Senior (Family Discount) Annual $221.70 $222.00 $222.00 Group /Corporate (min 10 individuals Annual $339.62 $340.00 $340.00 Adult 3 month $171.30 $171.00 $171.00 Senior 3 month $149.06 $149.00 $149.00 Youth 3 month $149.06 $149.00 $149.00 Adult 1 month $80.19 $80.00 $80.00 Senior 1 month $70.75 $70.75 $70.75 Youth _ 1 month $70.75 $70.75 $70.75 Post Secondary Student 4 months $167.92 $168.00 $168.00 Newcastle Group Fitness-Classes Includes group fitnessclasses at NDRCony Adult Senior Annual Annual $265.20 $132.60 $265.00 $133.00 $265.00 $133.00 Youth Annual $132.60 $133.00 $133.00 Adult � 3 month $122.40 $122.00 $122.00 Youth 3 month $66.30 $66.00 $66.00 Senior 3 month $66.30 $66.00 $66.00 Squash Includes squash (CFC) and reveational swimming at any pool. Adult Youth Senior Annual Annual An $223.49 $111.74 $111.74 $223.00 $112.00 $112.00 $223.00 $112.00 $112.00 Additional Adult (Family Discount) Annual $189.52 $190.00 $190.00 Additional Youth (Family Discount) Annual $94.76 $95.00 $95.00 Additional Senior (Family Discount) Annual $94.76 $95.00 - $95.00 Adult 3 month $127.36 $127.00 $127.00 Youth 3 month $54.S01 $55.00 $55.00 Senior 3 month' $54.501 $55.00 $55.00 Page3 of19 Memberships MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Departmer Fees Shown Do Not Include Applinble Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE Swim /Skate Adult Annual $156.01 $156.00 $156.00 Youth Annual - $83.79 $84.00 $84.00 Senior Annual $79.05 $79.00 $79 -00 Group /Family (max 5, 2 adults) Annual $291.23 $291.00 $291.00 Adult 3 month $127.36 $127.00 $127.00 Youth � 3 month $54.50 $55.00 $55.00 Senior 3 month $54.50 $55.00 $55 -00 Adult 1 month $39.03 $39.00 $39.00 Youth 1 month $22.28 - $22.25 $22.25 Senior 1 month $21.02 $22.25 $22.25 Group /Family (max 5, 2 adults) 1 month $63.05 $63.00 $63.00 N Page4 of19 .p Memberships N I cr MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Departmer Fees Shown Do Not indude Applicable Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult senior DURATION hrs X wks 2010/11 RATES PROPOSED FEE PROPOSED FEE Red Cross Swim - Preschool Red Cross Swim Kids - Level 1-4 Red Cross Swim Kids Level 5-10 Private -1:1 ratio Private -1:1 ratio Semi- Private 2:1 ratio Semi - Private 2:1 ratio Bronze Star Bronze Medallion & Emerg First Aid (incl manual /exam) Bronze Cross (incl manual /exam on 11th wk) Red Cross Assistant Water Safety Inst. (incl manuals) Red Cross & Lifesaving Society Inst. (incl manual) National Lifesaving Society (NLS) (incl manual) Red Cross Inst. Recert National Lifesaving Society (NLS) Recert - Adult Instruction (LTS and Swim Strokes) Youth Youth Youth Youth Youth Youth Youth Youth Leadership Leadership Leadership Leadership Leadership Leadership Leadership - Adult 30 min X 10 wks = 5 hrs 30 min X 10 wks = 5 hrs 45 min X 10 wks =7.5 hrs 30 min X 10 wks = 5 hrs 30 min x 5 wks = 2.5 hrs 30 min X 10 wks = 5 hrs 30 min x 5 wks = 2.5 hrs 60 min x 10 wks =10 hrs 2 hrs x 11 wks = 22 hrs 2 hrs x 11 wks = 22 hrs 3 hrsx 10 wks hrs 50 hrs 40 hrs 4 -6 hrs 6 hrs 45 min X 10 wks =7.5 hrs $78.51 $78.51 - $82.75 $240.82 $120.41 $150.65 $75.33 $89.12 $155.14 $141.12 $210.16 $257.94 $238.66 $70.06 $70.06 $84.08 $80.00 $80.00 $84.50 $245.75 $122.75 $153.75 $76.75 $90.00 $156.75 $141.00 $216.50 $260.00 $24350 $70.50 $70.50 $84.75 $81.50 $81.50 $86.00 $250.50 - $125.25 $156.75 $78.25 $91.00 $158.25 $144.00 $220.75 $262.50 $248.25 $71.50 $71.50 $85.75 Adult Bronze Med /Cross /SEA (incl manual &exam) Red Cross Swim for Teens - Basics (ITS) Red Cross Swim forTeens- Strokes Senior Adult Teen Teen 45 min X 10 wks =7.5 hrs 2.5 hrs x li wks = 25 hrs 45 min X 10 wks --7.5 hrs 45 min X 10 wks --7.5 hrs $42.04 $170.00 $40.00 $84.08 $42.50 $170.00 $40.00 - $84.00 $43.00 $170.00 $40.00 $84.00 Aquafit -1X per week Adult 12 cis X 1 hr= 12 hrs $90.07 $90.00 $90.00 Senior 12 cis X 1 hr= 12 hrs $45.04 $45.00 $45.00 Aquafit - 2X per week Adult 24 cls X 1 h r = 24 hrs $156.14 $164.00 $172.00 Senior 24 cis X 1 hr = 24 hrs $78.07 $82.00 $86.00 Aquafit -3X per week Adult 36 cis X 1 hr= 36 hrs $207.18 $218.00 $229.00 Senior 36 cls X 1 hr= 36 hrs $10359 $109.00 $114.00 Diaper Fit Parent & Tot 10 wks X 1 hr = 10 hrs $81.84 $81.75 $81.75 Water Explorers Parent &Tot 10 wks X 1 hr= 10 hrs $79.57 $79.50 $79.50 Aquatic Adventure Youth 10 wks X 1 hr =10 hrs $79.57 Discontinue Discontinue Standard First Aid /CPR C (incl manual) Youth /Adult 16 hrs $84.08 $85.75 $87.50 Standard First Aid /CPR C Recert Youth /Adult 8 hrs $62.05 $63.25 $64.50 B.O.A.T Full Course B.O.A.T Exam only Youth /Adult Youth /Adult 8 hrs $68.06 $35.03 Discontinue Discontinuel Discontiinue Discontiinue Page5 cf19 Aquatic Programs MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department Sept 1,2011 Sept 1,2012 Fees Shown Do Not Include Applicable Taxes PROGRAM CATEGORY DURATION 2010/11 RATES PROPOSED FEE PROPOSED FEE OR SERVICE (youth, adult, senior) (hrs X wks) Summer /March Break Camps Kinder Camp Youth 7.5 hrs X 5 days =37.5 hrs $141.83 $146.00 $150.00 Day Camp, Sports, Eco, Art Camp, S'Amuse Avec Amis! Youth 7.5 hrs X 5 days =37.5 hrs $144.61 $146.00 $150.00 JR Chef Camp incl lunch, Outdoor Adventure Camp incl bussing, Teen Fitness Camp Youth 7 -5 hrs X 5 days =37.5 hrs $144.61 $150.00 $155.00 Single day (any camp above) Youth 7.5 hrs X 5 days =37.5 hrs $30.00 Discontinue Discontinue Sr Sports Camp Youth 4 hrs X 5 days = 20 hrs $74.88 Discontinue Discontinue Trip Camp &Hockey House League Camp Youth 7.5 hrs X 5 days =37.5 hrs $194.36 $197.00 $200.00 Drama Camp Youth 7.5 hrs X 5 days =37.5 hrs $194.36 $197.00 $200.00 Leadership Camp Youth 7.5 hrs X 10 days =75 hrs $317.55 - $318.00 $318.00 Before & After Care (am or pm) Youth per hr $3.00 Discontinue Discontinue Before & After Care (weekly) Youth per wk am & pm N/A $40.00 $40.00 Mobile Playgrounds Children daily Complimentary Complimentary Complimentary Recreation Programs PA Day Program Youth 7.5 hrs $30.00 $31.00 $31.50 Instructional Babysitting Youth 1.5 hrs X 10 wks =15 hrs $47.39 $48.25 $49.25 Guitar Lesson Youth 1 hr X 10 wks =10 hrs $59.75 $61.00 $62.25 Hip Hop Dance Youth 1 hr X 10 wks =10 hrs $61.81 $63.00 $64.25 Creative Kids Youth 1 hr X 10 wks =10 hrs $44.30 $45.25 $46.00 Sportball 2 -3 yrs 45 min X 10 wks = 7.5 hrs $154.53 $155.00 $155.00 Sportball 3 -8 yrs 1 hr X 10 wks =10 hrs $154 -53 $155.00 $155.00 Floor Hockey Youth 1 hr X 10 wks =10 hrs $28 -85 $29.50 $30 Dodgeball Youth 1 hr X 10 wks =10 hrs $28.85 $29.50 -00 $30.00 Kids in Action Youth 1 hr X 10 wks =10 hrs $28.85 $29.50 $30.00 Game Time Youth 1 hrX 10 wks =10 hrs $28.85 $29.50 $30.00 Basketball /Badminton Youth 1 hrX 10 wks =10 hrs $35.03 $35.50 $36.00 Salsa Babies Parent & Tot 1 hr X 10 wks =10 hrs $123.62 $124.00 $125.00 Drama Club Youth 1.25 hrs X 10 wks =12.5 hrs $144.23 Discontinue Discontinue Principles of Healthy Child Development (PHCD) Youth 17 hrs $5714 $58.25 $59.50 Dance, Children 30 min X 10 wks = 5 hrs $40.00 $41.25 $42.50 Youth Nights Youth 12 hrs X 3 wks = 6 hrs $12.00 Discontinue Discontinue Skateboarding Youth 11 hrs X 4 wks = 4 hrs $40.00 $41.20 $42.50 N --) Page6 of19 Cn Recreation Programs Camps N I v MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department Sept 1,2011 Sept 1,2012 Fees Shown Do Not Include Applicable Taxes PROGRAM CATEGORY DURATION 2010/11 RATES PROPOSED FEE PROPOSED FEE OR SERVICE (youth, adult, senior) (hrs X wks) Kids in the Kitchen Youth 1.5 hrs X 10 wks =15 hrs $88.00 $89.75 $91.50 Basketball House League Youth 1.25 hrs X 10 wks =12.5 hrs $125.00 $125.00 $125.00 Super Cool Science Youth 1 hr X 10 wks =10 hrs $43.86 $44.75 $45.75 Glee Club Youth 1.5 hrs X 10 wks =15 hrs $61.81 $63.00 $64.25 Roll Play Youth 45 min X 10 wks = 7.5 hrs $80.00 $81.50 $83.25 Volleyball Youth 1 hr X 10 wks =10 hrs $35.03 $35.50 $35.00 Basketball /Volleyball /Floor Hockey /Badminton Adult 1.5 hrs X 10 wks =15 hrs $58.87 $60.00 $61.20 Ballroom Dance Instruction (Couples) Adult 1.5 hrs X 10 wks =15 hrs $117.74 $121.00 $125.00 Preschool Programs Pre - school 1 hrs X 10 wks =10hrs N/A $81.00 $83.50 Birthday Parties Children /Youth 2 hrs, up to 12 children $150.00 $155.00 $160.00 2 hrs, up to 16 children $200.001 $205.001 $210.00 Pagel of19 Recreation Programs Camps MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department Fees Shown Do Not Include Applicable Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010 /11 RATES PROPOSED FEE PROPOSED FEE Group Fitness Class Adult 1 hr X 12 wks =12 hrs $54.08 $55.75 $56.75 Senior/Youth 1 hr X 12 wks =12 hrs $27.55 $28.25 $29.00 Learn to Run - 5 km Adult 1 hr X 12 wks+ 12 hrs $60.03 $61.75 $63.75 Senior/Youth $30.01 $31.00 $31.75 Learn to Run - 5 km Plus *ind 10 visit pass to fitness centre Adult $97.60 $100.50 $103.50 Senior/Youth $48.80 $50.25 $51.75 Learn to Run -10 km Adult 1.5 hrs X 12 wks+ 18 hrs $69.77 $71.75 $74.00 Senior/Youth $34.89 $36.00 $37.00 Learn to Run -10 km Plus *incl 10 visit pass to fitness centre Adult $106.38 $109.50 $112.75 Senior/Youth $53.19 $54.75 $56.50 Half Marathon Adult $167.86 Discontinue Discontinue Senior /Youth $83.93 Discontinue Discontinue Half Marathon Plus *ind 10 visit pass to the fitness centre Adult $203.79 Discontinue Discontinue Senior/Youth $101.90 Discontinue Discontinue Strength Training (women's & men's) Adult 1 hr X 12 wks =12 hrs $52.00 $53.50 $55.25 Senior/Youth $26.00 $26.75 $27.50 Strength Training (women's & men's) + 10 visit passes to Fitness Centre Adult _ $95.69 $98.50 $103-50 Senior/Youth $47.85 $49.25 $50.50 Strength Training (older adult) Adult $45.10 $46.45 $47.85 Senior $22.55 $23.25 $23.90 Strength Training (older adult) +10 visit pass Adult $86.99 $89.60 $92.30 Senior $43.49 $44.80 $4615 Post cardiac Rehab Adult $45.10 $46.00 $47.00 Senior $22.55 $23.00 $23.50 Bootcamp Adult 2 hrsX 8 wks =16 hrs $84.00 $s4.001 $84.00 Senior/Youth $42.00 $42.00 $42.00 Bootcamp+ 10 visit passes to Fitness Centre Adult $127.69 $127.75 $127.75 Senior /Youth $63.85 . $63.75 $63.75 NO -� Pages of19 00 Fitness Programs j N I cO MUNICIPALITY OF CLARINGTON 2011 /2012 USER FEES Community Services Department Fees Shown Do Not Include Applicable Taxes Sept 1,2011 Sept1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE Fit Club Youth 1.5 hours X 2 /wk X 5 wks $80.19 $80.25 $80.25 Biggest Winner Challenge Adult 1 hr X 10 wks+ 1 hr with PT and 1 hr w $160.00 Discontinue Discontinue Senior /Youth $80.00 Discontinue Discontinue SQUASH Squash Learn to Play Youth 1.25 his X 8 wks -10 hrs $40.00 members $40.00 members $40.00 members $45.00 non members $45.00 non members $4S.00 non members Adult 1 hrX4 wks =4 hrs $50.00 members $50.00 members $50.00 members Squash House league Adult 1 game /wk $55.00 non members $10.00 members $55.00 non members $10.00 members $55.00 non members $10.00 members $25.00 non members $25.00 non members $25.00 non members SERVICES Fitness Assessment All 1 hr $39.26 $40.00 $40.75 Personal Training All 1 hr $39.26 $40.00 $40.75 5 hrs $176.67 $182.00 $187.50 10 hrs $314.09 $324.00 $333.00 Fitness Assessment /Personal Training Package All 2 hrs $60.00 $61.25 $62.50 Non - Member Personal Training Non - Member Personal Training Non - Member Personal Training Non - Member Appraisal All All All All 1 hr 5 hrs 10 hrs 1hr N/A N/A N/A N/A $48.00 $222.00 $404.00 $48.00 $48.75 $227.50 $413.00 $48.75 Semi Private Personal Training (2 people) rates are per person 1 hr $29.44 $30.00 $30.75 5 hrs $129.92 $133.75 $137.75 10 hrs $230.96 $238.00 $245.00 Corporate Outreach Adults 1 hr $39.26 $40.00 $40.75 5 hr $176.67 $182.00 $187.50 10 hr $314.09 $324.00 $333.00 High Schools - Fitness Centre (min 10) High Schools - Group Fitness Class (min 10) Youth Youth 1 hr 1 hr $2.50 $3.00 $2.75 $3.25 $2.75 $3.25 Dry Land Training (10-15 players) Youth 1 hr $51.43 $53.00 $55.00 Page9 of19 Fitness Programs MUNICIPALITY OF CLARINGTON 2011 /2012 USER FEES Community Services Departmew Sept 1,2011 Sept 1,2012 Fees Shown Do Not Include Applicable Taxes PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE each additional player up to 18 players (includes private room only- no use of gym) Youth per hr $4.29 $4.50 $4.50 Dry Land Training (10 -15 players) each additional player up to 18 players (includes private room only - no use of gym) Adult Adult 1 hr per hr $102.86 $8.57 $106.00 $8.75 $110.00 $9.00 Flex Training Package (10 -15 players) each additional player up to 18 players (includes training session private room /gym) Youth Youth 1 hr per hr $101.19 $6.76 $104.00 $7.00 • $106.00 $7.00 Flex Training Package (10 -15 players) each additional player up to 18 players (includes training session private room /gym) Adult Adult 1 hr per hr $190.00 $12.70 $196.00 $1100 $200.00 $13.25 Locker Rental Locker Rental All All 3 month $9.52 /month N/A $75 /annual $25/3 months $75 /annual $25/3 months N I N Page10 of19 O Fitness Programs N I N MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department Fees Shown Do Not Include Applicable Taxes Sept 1,2011 - Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE Courtice Complex Full Hall (Monday- Thursday) Non - Licenced Licenced Resident Resident Event (10 hours) Event (10 hours) $272.32 $385.66 $273.00 $386.00 $278.00 $393.00 Non - Licenced Comm Group Event (10 hours) $247.30 $248.00 $252.00 Licenced Comm Group Event (10 hours) $346.41 $347.00 $353.00 Non - Resident Event (10 hours) 10% surcharge Half Hall Non - Licenced Resident Event (10 hours) $157.81 $158.00 $161.00 Licenced Resident Event (10 hours) $216.51 $217.00 $221.00 Non - Licenced Comm Group Event (10 hours) $142.41 $143.00 $145.00 Licenced Comm Group Event (10 hours) $197.27 $198.00 $201.00 Non- Resident Event (10 hours) 10% surcharge Full Hall (Friday- Sunday) Non - Licenced Resident Event (10 hours) $341.61 $342.00 $348.00 Licenced Resident Event (10 hours) $495.57 $496.00 $505.00 Non - Licenced Comm Group Event (10 hours) $306.96 $307.00 $313.00 Licenced Comm Group Event (10 hours) $445.53 $446.00 $454.00 Non - Resident Event (10 hours) 10% surcharge Half Hall Non - Licenced Resident Event (10 hours) $187.61 $188.00 $191.00 Licenced Resident Event (10 hours) $277.13 $278.00 $283.00 Non - Licenced Comm Group Event (10 hours) $169.35 $170.00 $173.00 Licenced Comm Group Event (10 hours) $249.23 $250.00 $254.00 Non- Resident Event (10 hours) 10% surcharge Courtice Complex New Year's Eve Licenced Resident Event (10 hours) $1,005.57 $1,006.00 $1,026.00 Licenced Comm Group Event (10 hours) $906.45 $907.00 $925.00 Non - Licenced Res /Comm Group Event (10 hours) 906.45 $907.00 $925.00 Non- Resident Event (10 hours) 10% surcharge Pagell of19 Hall Rentals Extra Fees MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department Fees Shown Do Not Include Applicable Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE Courtice Complex Full Hall - Hourly Comm Group 1 hr $50.04 $50.50 $51.00 Comm Group 4 hrs $129.91 $130.00 $133.00 Resident 1 hr $75.05 $75.50 $77.00 Resident 4 hrs $202.07 $203.00 $206.00 Schools 1 hr $39.45 $39.50 $40.00 Schools 4 hrs $105.85 $106.00 $108.00 Non- Resident All 10% surcharge Half Hall - Hourly Comm Group 1 hr $26.95 $27.00 $28.00 Comm Group 4 hrs $72.17 $73.00 $74.00 Resident 1 hr $43.30 $43.50 $44.00 Resident 4 hrs $115.47 $116.00 $118.00 Schools 1 hr $20.21 $20.50 $21.00 Schools 4 hrs $43.30 $44.00 $45.00 Non - Resident All 10% surcharge Rickard Recreation Complex Full Hall (Monday - Thursday) Non - Licenced Resident Event (10 hours) $505.19 $506.00 $516.00 Licenced Resident Event (10 hours) $721.70 $722.00 $737.00 Non - Licenced Licenced Comm Group Comm Group Event (10 hours) Event (10 hours) $454.19 $649.53 $455.00 $650.00 $465.00 $663.00 Non - Resident Event (10 hours) 10% surcharge Half Hall Non - Licenced Resident Event (10 hours) $272.32 $273.00 $278.00 Licenced- Resident Resident Event (10 hours) $415.70 $416.00 $424.00 Non - Licenced Comm Group Event (10 hours) $245.38 $246.00 $250.00 Licenced Comm Group Event (10 hours) $376.25 $377.00 $384.00 Non - Resident Event (10 hours) 10% surcharge N I N Page12 of19 N Hall Rentals Extra Fees .l N I N W MUNICIPALITY OF CLARINGTON 201112012 USER FEES Community Services Department Fees shown Do Not Include Applicable Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE Full Hall (Friday- Sunday) Non - Licenced Resident Event (10 hours) $638.95 $639.00 $652.00 Licenced Resident Event (10 hours) $916.07 $917.00 $935.00 Non - Licenced Comm Group Event (10 hours) $574.47 $575.00 $586.00 Licenced Comm Group Event (10 hours) $824.66 $825.00 $841.00 Non - Resident Event (10 hours) 10% surcharge Half Hall Non - Licenced Resident Event (10 hours) $356.04 $357.00 $363.00 Licenced Resident Event (10 hours) $510.00 $510.00 $520.00 Non - Licenced Comm Group Event (10 hours) $320.43 $321.00 $327.00 Licenced Comm Group Event (10 hours) $459.00 $459.00 $468.00 Non - Resident Event (10 hours) 10% surcharge - Rickard Complex New Year's Eve Licenced Resident Event (10 hours) $1,982.27 $1,983.00 $2,022.00 Licenced Comm Group Event (10 hours) $1,784.04 $1,785.00 $1,820.00 Non - Licenced Res /Comm Group Event (10 hours) 1784.04 $1,785.00 $1,820.00 Non - Resident Event (10 hours) 10% surcharge Rickard Recreation Complex _ Full Hall - Hourly Comm Group 1 hr $96.23 $96.50 $98.00 Comm Group 4 hrs $288.68 $289.00 $295.00 Resident 1 hr $144.34 $145.00 $147.00 Resident 4 hrs $360.85 $361.00 $368.00 Schools ' 1 hr $73.13 $73.50 $74.50 Schools 4 hrs $202.07 $203.00 $206.00 Non - Resident All 10% surcharge Rickard Recreation Complex Half Hall - Hourly Comm Group 1 hr $47.15 $47.50 $48.00 Comm Group 4 hrs $115.47 $116.00 $118.00 Page13 of19 Hall Rentals Extra Fees MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department • Fees Shown Do Not Include Applicable Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010111 RATES PROPOSED FEE PROPOSED FEE Resident 1 hr $72.17 $72.50 $73.50 Resident 4 hrs $202.07 $203.00 $206.00 Schools 1 hr $36.57 $37.00 $37.50 Schools 4 hrs $86.61 $87.00 $89.00 Non - Resident All 10% surcharge Meeting Room Rates - NDRC Boardroom, Program Rooms 1, 2,3 SCA Meeting Rooms, Upper Viewing Sections RRC Meeting Rooms BIS Meeting Room Comm Group 1 hr $26.95 $27.00 $27.50 Comm Group . 4 hrs $72.17 $72.50 $73.50 Comm Group 8 hr N/A $126.00 $128.50 Resident 1 hr $36.57 $37.00 $37.50 Resident 4 hrs $101.04 $101.50 $103.00 Resident 8 hr N/A $174.00 $178.00 Schools 1 hr $20.21 $20.50 $20.50 Schools 4 hrs $43.30 $43.50 $44.50 Schools 8 hr N/A $84.00 $85.50 Non - Resident All 10% surcharge NDRC Rooms 2 and 3 (SCA Two Upper Viewing Sections) Single Room Rate X 2 less 20% discount. Applicable to all categories and durations SCA•Three Upper Viewing Sections Single Room Rate X 3 less 30% discount. Applicable to all categories and durations Non - Resident All 10% surcharge Na I N Page14 of19 -P Hall Rentals Extra Fees N 1 Na Cn MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department Fees Shown Do Not Include Applicable Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE Extra Fees Kitchen -With Hall Kitchen - Catering Only Refundable Damage Deposit Bartenders Maintenance Event Event Event 1 hr 1 hr 1 $113.21 $31.13 $225.19 $18.95 $14.18 $113.50 $31.50 $225.00 $19.25 $14.50 $116.00 $32.00 $225.00 $19.50 $15.00 Page15 of19 Hall Rentals Extra Fees MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department Fees Shown Do Not Include Applicable Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE Pool (2 guards) 1 hr $129.11 $133.00 $137.00 Pool & Tot pool (3 guards) Pool & Slide (4 guards) Pool /Slide/Tot Pool (5 guards) 1 hr 1 hr 1 hr $146.13 $165.14 $186.16 $150.50 $170.00 $192.00 $155.00 $175.50 $197.76 Main or Tot Pool Newcastle (2 guards) Main /Slide - Newcastle (4 guards) Main /Slide/Tot Pool- Newcastle (6 guards) Youth Club /Swim Meet Adult Club /Swim Meet 1 hr 1 hr 1 hr 1 hr 1 hr $129.11 $165.14 $206.15 $55.94 $67.05 $133.00 $170.00 $212.50 $57.00 $68.50 $137.00 $175.50 $219.00 $58.50 $70.00 School Boards Lifeguards Red Cross Materials (School Boards) 1 hr 1 hr 5 Wk Class $55.94 $19.24 $75.06 $57.00 $20.00 $75.75 $58.50 $20.50 $76.50 Non - Resident 1 hr 10% surcharge N I N Page16 of19 Pool Rentals Extra Fees N I N v MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department Fees Shown Do Not Include Applicable Taxes Sept 1,2011 Sept 1,2012 PROGRAM OR SERVICE CATEGORY (youth, adult, senior) DURATION (hrs X wks) 2010/11 RATES PROPOSED FEE PROPOSED FEE Arena Rentals - Ice (Winter) P rime Time Adult 1 hr $179.15 $182.50 $186.50 Non -Prime Youth Adult 1 hr 1 hr $152.14 $134.91 $155.00 $137.50 $158.50 $140.50 Youth 1 hr $102.83 $105.00 $107.00 Non - Resident 1 hr 10% surcharge 10% surcharge 10% surcharge Elementary/High School -Prime Elementary/High School- Non Prime 1 hr 1 hr $152.14 $102.83 Discontinue Discontinue Discontinue Discontinue Discount Ice - Monday- Sunday 11 pm and later 1 hr $100.00 $100.00 $100.00 Off Ice Training (RRC) (SCA) 1 hr $18.85 $19.00 $19.00 Extra Staff (Skate Patrollers) 1 hr $12.84 $13.25 $13.50 Arena Rentals - Ice (Summer) Prime Time Prime Time Non -Prime Non -Prime Hockey Schools Adult Youth Adult Youth 1hr 1 hr 1 hr 1 hr 1 hr $184.15 $161.95 $148.12 $130.51 $146.23 $182.50 $155.00 $137.50 $125.00 Discontinue $186.50 $158.50 $140.50 $127.50 Discontinue Non- Resident 1 hr 10 %surcharge 10% surcharge 10% surcharge Arena Rentals - Dry Floor Floor Adult 1 hr $74.06 $75.50 $77.00 Youth 1 hr $63.80 $65.00 $66.50 Non- Resident 1 hr 10% surcharge Exhibit Function - Community Groups Exhibit Function - Commercial Set -Up daily daily daily $932.44 $1,011.52 $358.25 $951.00 $1,032.00 $365.001 $970.00 $1,052.00 $373.00 Page17 of19 Ice /Floor Rentals MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department Fees Shawn Da Nat Include Appliwblc Taxez Sept 1,2011 Sept 1,2012 PROGRAM ORSERVICE CATEGORY (youth, adult, senior) DURATION (hrsXwks) 2010111 RATES PROPOSED FEE PROPOSED FEE Indoor Soccer Rates and Lacrosse Bowl FULL FIELD Prime Time Prime Time Non -Prime Time Non -Prime Time Adult Youth Adult Youth 1hr 1hr 1 hr 1hr $169.14 $143.30 $139.12 $104.04 $159.50 $143.50 $139.50 $104.50 $17250 $14650 $142.00 $106.00 HALF FIELD _ Prime Time Adult 1hr N/A $84.50 $86.50 Non -Prime Time Youth Adult 1 hr 1hr N/A N/A $72.00 $70.00 $73.00 $71.00 Youth 1 hr N/A - $52.00 $53.00 Off - Season -flat Rate 1 hr $66.04 $66.00 $67.50 Outdoor Lacrosse - Lighted Outdoor Lacrosse - Non - Lighted 1 h 1 hr $24.53 $15.09 $25.00 $15.50 $25.00 $15.50 Gymnasium Rental Rate (South Courtice Arena) Adult 1 hr - $20.21 $20.50 $20.50 Youth 1 hr $15.16 $15.50 $15.50 Newcastle Recreation Complex Gymnasium - Full Adult 1hr $42.03 $42.50 $43.00 Youth /Senior 1 hr $31.03 $31.50 $32.00 Gymnasium - Half - Adult 1 hr $31.03 $31.50 $32.00 Gym Equipment Rental (nets, sticks, balls) Youth /Senior 1 hr 1 hr ,$21.02 N/A $21.50 $18.00 $21.50 $18.00 Parking Lots CCC- RRC- SCA -NDRC DSC- CFC -BIS $495.74 $247.87 $496.00 $248.00 $506.00 $253.00 Statutory Holiday Surcharge rate applies in addition to the applicable rental rate ofthe facility All Hourly $47.17 $60.00 $62.00 N N Page18 of19 00 Miscellaneous Rentals N N CO MUNICIPALITY OF CLARINGTON 2011/2012 USER FEES Community Services Department Sept 1,2011 Sept 1,2012 Fees Shown Do Not Include Appllcable Tavel PROGRAM OR SERVICE CATEGORY (youth, adult, senior) 2010/11 RATES PROPOSED FEE PROPOSED FEE Cancellation /Refund Fee NSF Fee Membership Cancellation (medical /move) Replacement Access Card Facility Cancellation Fee with notice (min 15 business days' Facility Cancellation Fee with 1 -5 business days notice)Per Renta Non Residents Transfer Fee - Aquatics (after the 2nd class has occurred) Per Program Per Transaction Per Member Per Card Per Rental Per Rental - Per Program /Membership /Rental Per transfer /per program $10.00 $35.00 $10.00 $5.00 10% of Total Cost 50% of Total Cost 10% Surcharge $10.00 $10.00 $35.00 $10.00 $5.00 10% of Total Cost 50% of Total Cost 10% Surcharge $10.00 $10.00 $35.00 $10.00 - $5.00 10% of Total Cost 50% of Total Cost 10% Surcharge $10.00 Camp Early Bird Discount (registrations prior to May 15th 3rd Child Discount (Program Registration; per registraiton 3rd & subsequent children in same family 10% 50% Reduction on Lowest Rate 30% 509/ Reduction on Lowest Rate 10% 50% Reduction on Lowest Rate Page19 of19 Administration Charges Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 27, 2011 Resolution #: By -law #: Report#: CLD- 017 -11 File #: Subiect: AMENDMENTS TO NOISE BY -LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD- 017 -11 be received; 2. THAT the amendment to the Noise By -law attached to Report CLD- 017 -11 be forwarded to Council for approval; and 3. THAT the interested parties listed in Report CLD- 017 -11 be advised of Council's actions Submitted by: . Reviewed by: Fal CMO Franklin Wu, luni k Chief Administrative Officer ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 13 -1 REPORT NO.: CLD -017 -11 Pursuant to the GPA Resolution ( #GPA- 406 -11) approved by Council on June 7th, 2011, Staff were directed to, "review the current Noise By -law 2007 -071 and, where appropriate, update the language and provisions of the By -law as they relate to the regulation of noise coming from shooting ranges within the Municipality." In order to undertake this review Staff have looked into the history of the changes to the Clarington Noise By -law. 1.0 SHOOTING RANGES 1.1 BACKGROUND In 1985 Staff were requested to examine the need for a comprehensive noise by -law. On March 20th, 1985 Council invited the public to submit their comments on the proposed by -law. Among the responses received were requests from the Union Rod and Gun Club and the Orono Fish and Hunt Club requesting that they be exempted from the By -law. For reasons unknown the By -law never went forward until July 31St 1987. At that time, the requests from the Union Rod and Gun Club and the Orono Fish and Hunt Club were approved and included in the by -law. An exemption was also provided for the Marksmen Club of Oshawa. In 1989 more amendments were requested and Council repealed the By -law and replaced it with By -law 89 -184. This by -law carried forward the noise exemption for the shooting ranges and added a curfew of 11:00 p.m. to 7:00 a.m. from Sunday night to Saturday morning. On Saturday the curfew began at 11:00 p.m. and ran through to 9:00 a.m. on Sunday. Provided that the ranges observed the curfew hours, they were free to conduct their business without impediment. In 1994 new complaints forced a change to the operation of the Marksmen Club. The outdoor range was being used by the Durham Regional Police for training purposes. An environmental Noise Assessment Study was conducted on their outdoor shotgun range. 13 -2 REPORT NO.: CLD- 017 -11 PAGE 3 The firm of Howe Gastmeier Chapnik Limited was retained by the Municipality to conduct the testing. Because the outdoor range had been constructed after 1980 it was required to meet the then current Ministry of Environment and Energy (MOEE) standard of 50 dBAI. Testing showed that the existing exterior berming and shielding had reduced the noise levels to between 67 to 73 dBAI. The firm concluded that there would be no further action that the Club could take that would bring the sound level down to the required 50 dBAI. As a result the exterior noise exemption for the Marksmen Club was deleted from the By -law but the overall exemption, which also regulated noise from the indoor range remained in place. Since both the Orono Fish and Hunt Club and the Union Rod and Gun Club pre- dated the 1980 standard, they had only to achieve a level of 70 dBAI to comply with MOEE standards. In 1997 specific noise restrictions and criteria were imposed by the Municipality to deal with increasing concerns at the Mosport Park race tracks. These amendments required the track operator to meet specific noise levels and required detailed testing procedures. In 2004 those levels were repealed. In 2007 the entire by -law was overhauled to modify and update enforcement procedures. At that time there was no intent to alter the direction or application of the existing provisions of the by -law. Among those, provisions were the existence of the curfew provisions and the overall exemption for the existing shooting ranges. Other than the Marksmen Club the exemptions were intended to continue. A review of the 2007 by -law was conducted in relation to the latest GPA Resolution and shows that there was an unintended oversight. The overnight curfew was maintained but the wording of the exemption was not included. This year Staff have received complaints from citizens in the area of the Orono Fish and Hunt Club concerning the ongoing noise from the range. The range is currently used by 13 -3 REPORT NO.: CLD - 017 -11 9A MM, the members of the Gun Club and the local detachment of the Royal Canadian Mounted Police as their training range. This increase in use has resulted in higher than normal complaints from the neighbours. 1.2 INVESTIGATION AND COMMENT Section 4 of Newcastle By -law 87 -131 stated in part, the by -law shall not apply to a person who permits or causes the emission of sound connection with any of the traditional, festive, religious activities and such other activities listed hereunder: ... f) Orono Fish and Hunt Club, shooting range; g) Union Rod and Gun Club, shooting range; h) the Marksmen Club of Oshawa, shooting range;... The 1989 By -law, 89 -184 created a set of curfew times for the ranges to ensure overnight peace and quiet. It also stated in Section 5, It is noted that noises emanating from such operations shall not be considered a violation when said operations are carried on outside the time periods set out by a curfew. This overriding exemption does not appear in the current Noise By -law 2007- 071. The staff report (CLD- 010 -07) which accompanied By -law 2007 -071 made no reference to the deletion of the noise exemption; however it did itemize other changes which were proposed in the by -law. While the exemption had originally existed for all ranges, it is within Council's scope of authority to remove the exemption thus placing the ranges on the same level of enforcement as any other activity in the Municipality save and except those industries for which 24 hour operation is a necessary fact. 13 -4 REPORT ISO.: CLD- 017 -11 In 1978 the Ministry of the Environment produced a document called "Model Municipal Noise Control By -law: Final Report ". This set the upper limit for noise emanating from a shooting range in a rural setting at 70 dBAI, This was adopted as the standard province -wide. The level was reduced in 1980 to 50 dBAI however the previous level was recognized as still valid for pre- existing facilities. In 1995 the Ministry produced Publication NPC -232, "Sound Level Limits For Stationary Sources in Class 3 Areas (Rural) ". Section 8(2) of the publication states: 8. SOUND LEVEL LIMITS - SPECIFIC IMPULSIVE SOUNDS (2) For impulsive sound, other than Quasi- Steady Impulsive Sound, from a stationary source which is the discharge of firearms on the premises of a licensed gun club, the sound level limit at a point of reception within 30 m of a dwelling or a camping area, expressed in terms of the Logarithmic Mean Impulse Sound Level (LLJ, is: • 70 dBAI if the gun club were operating before January 1, 1980; or • 50 dBAI if the gun club began to operate after January 1, 1980 PAGE 5 The proposed amendment will establish a maximum noise level for the existing ranges of 70 dBAI in accordance with the Ministry's guidelines and 50 dBAI for any new ranges which may come along. 1.3 CURFEW Currently the ranges all have a curfew of 11:00 p.m. For many young families this is long after the bedtime of the children. The ranges are not set up for ongoing night -time operations. Staff are recommending that the curfew on night -time operations begin at 9:00 p.m during the week and 4 p.m. on Sundays. 13 -5 REPORT NO.: CLD -017 -11 2.0 CONSTRUCTION NOISE CURFEW 2.1 BACKGROUND PAGE 6 Currently the Noise By -law sets a construction noise curfew time of 11:00 p.m. until 7:00 a.m. the following day, Monday through Saturday, 11:00 p.m. Saturday night until 10:00 a.m. Sunday and 5:00 p.m. on Sunday until 7:00 a.m. Monday morning. The By -law goes on to state: 3.3 A noise curfew shall apply to any noise from any excavation or construction work whatsoever, including the erection, demolition, alteration or repair of any building; (b) except in the case of urgent necessity and then only under prior authorization from the Municipality. 3.4 During the time when construction, excavation or demolition work is permitted on Sunday as outlined in Section 3.3 above, such work shall not include the operation of any mechanically powered excavation or earth moving equipment. 2.2 COMMENT During the review Staff have come to the conclusion that 11:00 p.m. is too late to allow construction noise to continue. Staff are therefore recommending that the termination time be reduced to 9:00 p.m. This would still allow the homeowner to undertake work in the evenings after returning from their daytime job while not severely impacting the neighbours. Staff do note that there is a need to provide an exemption for construction noise during the non -curfew times to prevent frivolous complaints and have added an exemption similar to that which formally existed for the gun ranges. 13 -6 REPORT NO.: CLD- 017 -11 3.0 CONCLUSION PAGE 7 While the outdoor exemptions for the Orono Fish and Hunt Club, the Union Rod and Gun Club and the indoor range at the Marksmen Club have existed for several years it has always been a special status not enjoyed by other groups within the Municipality. The removal of that status and the imposition of maximum sound levels will make for a more tranquil environment for the neighbours surrounding the three clubs. If a new range is started anywhere in Clarington, the operators will have to comply with the lower noise level standard. The imposition of a lower sound level for any new ranges is in accordance with the Ministry of the Environment's "Publication NPC 232" for operations which began after January 1 st 1980. The imposition of the 9:OO p.m. curfew for construction noise will help to better regulate construction activities within the Municipality, while the exemption during normal business hours will allow companies to work without undue municipal interference. It is therefore recommended that the by -law attached hereto be forwarded to Council for passage. Interested Parties: Todd Newman, Orono Fish and Hunt Club Union Rod and Gun Club The Marskmen Club 13 -7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2011- Being a By -law amend Noise By -law 2007 -071 WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, Chapter 25 states that a local municipality may prohibit and regulate noise; AND WHEREAS The Council of the Corporation of the Municipality of Clarington deems it appropriate to amend By -law 2007 -071, which is a by -law to regulate noise levels within the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 1.1 of By -law 2007 -071 is deleted in its entirety and replaced with the following: No person shall ring any bell, blow or sound any horn or cause the same to be rung, blown or sounded, or shout or create, cause or permit any unusual or excessive noises which, at the point of reception, are likely to disturb any other inhabitant of the Municipality of Clarington. 2. Section 3.1 of By -law 2007 -071 is deleted in its entirety and replaced with the following: 3.1 A noise curfew shall apply to the following shooting ranges within the Municipality of Clarington: (a) the Orono Fish and Hunt Club; (b) the Union Rod and Gun Club; and (c) the Marksman Club of Oshawa. This curfew shall be from 9:00 p.m. until 8:00 a.m. the following day (Monday through Saturday), 9:00 p.m. Saturday until 10:00 a.m. Sunday, and 4:00 p.m. Sunday until 8:00 a.m. Monday. 3.1.1 During non - curfew times, any noise emanating from the use of a shooting range shall not exceed: (a) 70 dBAI at the point of reception for any shooting range which began operation prior to January 13t 1980; or (b) 50 dBAI at the point of reception for any shooting range which began operation after January 1s' 1980. 13 -8 2.0 Section 3.3 of By -law 2007 -071 is deleted in its entirety and replaced with the following: 33 A noise curfew shall apply to any noise from any excavation or construction work whatsoever, including the erection, demolition, alteration or repair of any building from 9:00 p.m. until 7:00 a.m. the following day, (Monday through Saturday), 9:00 p.m. Saturday until 10:00 a.m. Sunday, and from 4:00 p.m. Sunday until 7:00 a.m. Monday. 3.3.1 For the purposes of this by -law, noise related to construction work shall be interpreted to include the starting, idling and warming up of any truck or mechanically powered excavation or earth moving equipment. 3.3.2 Noises emanating from the operations described in sections 3.3 and 3.3.1 shall not be considered to be a violation under this by- law when said operations are carried on outside the time periods set out by a curfew. 3.3.3 Notwithstanding any other provision to contrary, Council may authorize construction work to be carried on outside the curfew restrictions set out in this By -law only in the case of urgent necessity and then only under prior authorization from Council. 3.0 Should any section, clause or provision of this By -law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By -law as a whole or any part thereof, other than the part so declared to be invalid. 4.0 The provisions of this by -law shall come into full force and effect immediately upon its final passing by Council. BY -LAW read and passed in open session this rh day of July, 2011 Mayor Municipal Clerk 13 -9 � 1' 1 SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 27, 2011 Resolution #: By -law #: N/A Report#: COD - 021 -11 File #: Subject: CL2011 -16, STEPHENSON ROAD, STRUCTURE REPLACEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD - 021 -11 be received; 2. THAT Elirpa Construction & Materials Limited, Pickering, ON with a total, bid in the amount of $371,282.31 (net HST rebate), being the lowest responsible bidder meeting all terms,, conditions, and specifications of Tender CL2011 -16, be awarded the contract for the Stephenson Road Structure Replacement project; 3. THAT the funds required in the amount of $474,000.00 (which includes $371,282.31 tender, design, contract administration, contingencies and net HST costs) be drawn from the Stephenson Road Structure Replacement Account # 110 -32- 330 - 83275 -7401; and 4. THAT the Mayor and the Clerk be agreement. Submitted by: NVe ie Marano, H.B.Sc., C.M.O., Directo of Corpora Se ices Nancy ylor, B .A., C.A., Director of Finance MM \JDB \km authorized to execute the necessary Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 14 -1 REPORT NO.: COD - 021 -11 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 Tender specifications were provided by AECOM Canada Ltd. for the Stephenson Road Structure Replacement project as required by the Engineering Department. 1.2 Tenders were advertised in the Daily Commercial News, as well as electronically on the Municipal and Ontario Public Buyer's Association websites. Subsequently, tenders were received and tabulated as per the letter from AECOM Canada Ltd., Schedule "A" attached. 2.0 ANALYSIS 2.1 A total of three (3) submissions were received in response to the tender call and all were deemed compliant. 2.2 After further review and analysis by the Engineering Department, AECOM Canada Ltd. and Purchasing, it was mutually agreed that the low bidder, Elirpa Construction & Materials Limited, Pickering, ON, be recommended for the contract for the Stephenson Road Structure Replacement project. A copy of the recommending memos from the Department of Engineering and the consultant AECOM are attached as Schedule "A ". 2.3 The low bidder has provided services to the Municipality in the past and has performed satisfactorily. 2.4 Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. 14 -2 REPORT NO.: COD - 021 -11 PAGE 3 3.0 FINANCIAL 3.1 The total project cost, including tender price of $371,282.31, design, contract administration, contingencies amounts to $474,000.00 (Net of HST Rebate). The detailed funding required for the project is outlined in the memo from Engineering Services and the letter from AECOM Canada Ltd., marked Schedule "A" and summarized below. 3.2 Funding for this project will be drawn from the following: Department and Account Number Engineering Department — Capital Budget Stephenson Road Structure Replacement Account # 110 -32- 330 - 83275 -7401 (2009 & 2011) $474,000.00 4. INPUT FROM OTHER SOURCES 4.1 This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows: Concurrence: Director of Engineering Attachments: Schedule "A" — Memo from Engineering Services & Letter from AECOM Canada Ltd. 14 -3 SCHEDULE "A" Leading llte Way TO: Jerry Barber, Purchasing Manager FROM: Ron Albright, Manager, Infrastructure and Capital Works DATE: June 21, 2011 RE: Stephenson Road Structure Replacement, Bowmanville CL2011 -16 The Engineering Services Department has reviewed the recommendation provided by AECOM Canada Ltd. ( "AECOM ") and offers the following comments. The Stephenson Road Structure ( #98057) between Concession Road 1 and Lakeshore Road has been identified as a high priority for replacement in our Structures Inventory for a number of years and the Municipality now has the funding to complete the replacement. Due to the condition of the structure it was beyond rehabilitation and requires replacement. Completion of the work.will require the closure of Stephenson Road for a short duration while the existing structure is removed, the precast replacement structure components are put in place and the road is reconstructed within the area of the structure replacement. In addition to a wider road platform over the structure the vertical alignment of the road will be improved to provide a smoother transition between the approaching grades to the structure. The addition of guide rail on both sides of the structure also forms part of the work. Road Closure notification will be provided in advance of the closure to advise area residents and road users of the upcoming closure. We concur with AECOM's recommendation to award the contract to Elirpa Construction and Materials Ltd. in the amount of $364,860.76, exclusive of HST, or $371,282.31 net HST, for the replacement of the Stephenson Road structure and associated works. A detailed breakdown of the Clarington's funding and project costs are provided on the Cost Apportionment provided with AECOM's tender review letter. Due to past experiences on similar projects, a contingency amount of approximately 10% is carried forward. Therefore, including design and tender fees as well as contract administration fees, the Engineering Department advises the following breakdown for the above referenced project: 14 -4 SCHEDULE "A" Stephenson Road Structure Replacement, CL2011 -16 June 21, 2011 We recommend the report to Council move forward based on the above funding availability. Attached for your files is the recommendation detailed breakdown of estimated project costs, feel free to contact the undersigned. Regards, Ron Albri ht, P. Eng. Manager, Infrastructure and Capital Works RA/ra Attachment provided by AECOM which includes. a more Should you have any further questions, please Cc: Will McCrae, P. Eng., Manager, Cobourg Office, AECOM Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services 1:1Enc�Adrr7;nli��iEi�iC }S 2Qi1�, LC3F�IC �i-Iflu�.2i.�i.Stt.(�hensonRd Sirui:iura. Ci �pii- 'fG.doc 14 -5 Project Breakdown Total Project Value $474,000 Budget Amount Structures Rehabilitation 110 -32- 330 -83275 -7401 (2009 &2011) $515,000 Estimated Unexpended Budget $41,000 Additional Funding Required $0 We recommend the report to Council move forward based on the above funding availability. Attached for your files is the recommendation detailed breakdown of estimated project costs, feel free to contact the undersigned. Regards, Ron Albri ht, P. Eng. Manager, Infrastructure and Capital Works RA/ra Attachment provided by AECOM which includes. a more Should you have any further questions, please Cc: Will McCrae, P. Eng., Manager, Cobourg Office, AECOM Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services 1:1Enc�Adrr7;nli��iEi�iC }S 2Qi1�, LC3F�IC �i-Iflu�.2i.�i.Stt.(�hensonRd Sirui:iura. Ci �pii- 'fG.doc 14 -5 June 20, 2011 Mr. A. S. Cannella, C.E.T. Director, Engineering Services The Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Dear Sir: . Project No: 111574 -0003 Regarding: Stephenson Road Structure Replacement Contract No. CL2011 -16 (the "Contract ".) Municipality of Clarington AECOM 905 372 2121 tel 513 Division Street 905 372 3621 fax Cobourg, Ontario K9A 5G6 www.aecom.com Tenders for the above project were opened at the Clarington Municipal Offices on Thursday, June 16, 2011 at 2:15p.m. A list of the bids received is provided in the table below. * Calculation Error The Municipality of Clarington's Purchasing Department (the "Purchasing Department ") reviewed all bids to confirm compliance with the Clarington Purchasing By -Law. All bids were deemed compliant by the Purchasing Department. A calculation error was found on Comer Group Limited's submitted tender. The error was corrected by the Purchasing Department in the amount of $ 70,652.16 (before HST). The correction does not affect the bid order. AECOM Canada Ltd. ( "AECOM ") has reviewed the two lowest bids and confirmed the bid values noted above, Elirpa Construction & Materials Ltd. ( "Elirpa ") is the lowest bidder. As requested by the Purchasing Department, references were checked only for the lowest bidder. Elirpa has completed structural projects for the Region of Durham, Town of Ajax and Region of York. References stated that Elirpa has completed work to specification and to their satisfaction. CL2011.16 To.d.r Award Le1WN. 14 -6 SCHEDULE "A" FA I SCHEDULE "A" Page 2 June 20, 2011 With the low bid from Elirpa, and other associated project costs noted on the attached cost apportionment, the project is within budget. Should funding be available, based on the input provided by the references contacted regarding performance on previous projects, the bid in the amount of $364,860.76 (exclusive of HST) may be awarded to Elirpa Construction & Materials Ltd. of Pickering, Ontario subject to all provisions of the Clarington Purchasing Bylaw being met. Bid Cheques or Bid Bonds shall be retained for Elirpa and Hard -Co Construction Ltd., the second low bidder, until the Contract has been executed. , Should you have any questions regarding this matter, please contact the undersigned. Sincerely, AECOM Canada Ltd. Will McCrae, P.Eng. Manager, Cobourg Office will. mccrae@aecom.com WM:dc Encl. cc: Mr. Ron Albright, P.Eng., Manager of Infrastructure and Capital Works, Municipality of Clarington CL2011- 16Te,,&r Award Lett I.D.c 14 -7 I 00 Municipality of Clarington Stephenson Road Structure Replacement Cost Apportionment Based on Low Bid from Elirpa Construction & Materials Ltd. Thursday, June 16, 2011 Contract CL2011 -16 AECOM Project No_ 111574 -0003 Description Total Municipality of Clarington Accounts Comments Structures Rehabilitation ProjectlD /Account Number 110 -32- 330 - 83275 -7401 (2009 &2010) Construction Costs Contract CL2011 -16 Construction $364,860.76 $364.860.76 Total Construction $364,860.76 $364,860.76 AECOM Design Project Number 111574-0003 Total Design, Approvals and Tendering (Jan 1, 2011 -Jun 3, 2011) Hydraulics Report $5,115.02 $5,115.02 Gemorphology and Fisheries Assessment & Compensation Plan $1,100.00 $1,100.00 Preliminary Design, Detailed Design, Approvals and Tendering $26,296A 0 26 296.40 Total Design, Approvals and Tendering $26,296.40 $26,296.40 Tendering, Construction Admin. and Materials Testing Tendering, Construction Admin. and Materials Testing 5 000.00 $35,000.00 Estimated Total Tendering, Construction Admin. and Materials Testing $35,000.00 $35,000.00 Other Costs Fish Rescue and Transfer by Aqua Logic $2,000.00 $2,000.00 Estimate of Aqua Logic Efforts (2 days on Site) Permit to Take Water $750.00 $750.00 Total Other Costs $2,750.00 $2,750.00 Additional Project Costs Contingencies (Intl. 1.76% Unrecoverable HST) $37,544.07 $37,544.07 1.76% Unrecoverable HST on All Line Items Exci. Contingencies $7,548.77 $7,548.77 Total Estimated Project Costs $474,000.00 .$474,000.00 Budget Amount $515,000.00 Under /(Over) Budget Amount $41,000.00 D • Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 27, 2011 Resolution #: By-16w#: Report#: COD - 022 -11 File #: Subject: CL2011 -19, LOVER'S LANE RECONSTRUCTION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD - 022 -11 be received; 2. THAT Bar -Quip Construction, Concord, ON with a total bid in the amount of $544,284.73 (Net of HST Rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2011 -19, be awarded the contract for Lover's Lane Reconstruction as, required by the Engineering Department; 3. THAT the funds for Clarington's portion, required in the amount of $250,000.00 which includes $544,284.73 for Tender, design contract administration and contingencies and net HST less Regional of Durham costs, be drawn from the following account; 9 5. Lover's Lane Reconstruction Account # 110 -32- 330 - 83349 -7401 Road Works & Storm Sewer $250,000.00 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. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623 -3379 F (905)623 -3330 14 -9 REPORT NO.: COD - 022 -10 PAGE 2 Submitted by: Reviewed by: Marie 4Marano, H.B.Sc., C.M.O., Franklin Wu, MM \JDB \km 14 -10 Director of Corpor to Services Chief Administrative Officer Nancy T lor, B.B.A., C.A., Director of Finance REPORT NO.: COD - 022 -10 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 Tender specifications were provided by AECOM Canada Ltd. for the Lover's Lane Reconstruction as required by the Engineering Department. 1.2 Tenders were advertised in the Daily Commercial News, as well as electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, tenders were received and tabulated as per the letter from AECOM Canada Ltd., Schedule "A" attached. 2.0 ANALYSIS 2.1 A total of four (4) submissions were received in response to the tender call. 2.2 After further review and analysis by the Engineering Department, AECOM Canada Ltd. and Purchasing, it was mutually agreed that the low bidder, Bar - Quip Construction, Concord, ON, be recommended for the contract for the Lover's Lane Reconstruction. A copy of the recommending memos from the Department of Engineering and the consultant AECOM are attached as Schedule "A ". 2.3 Although Bar -Quip Construction has not completed any projects for the Municipality of Clarington they have completed a number of projects of similar scope and value for the City of Toronto and the Regional Municipality of Durham. References were checked and all references indicated satisfaction with the work completed by Bar -Quip Construction and would recommend them for similar projects. 2.4 Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. 14 -11 REPORT NO.: COD - 022 -10 PAGE 4 3.0 FINANCIAL 3.1 The total project cost, including tender price of $544,284.73, design contract administration, contingencies and utilities amounts to $727,000.00 (Net of HST Rebate). The detailed funding required for the project is outlined in the memo from Engineering Services and the letter from AECOM Canada Ltd., marked Schedule "A" and summarized below. 3.2 Funding for this project will be paid by the following: Department and Account Number Engineering Department — Capital Budget Lover's Lane Reconstruction Clarington Costs: Road Works & Storm Sewer Account # 110 -32- 330 - 83349 -7401 $250,000.00 Total Clarington Cost $250,000.00 Region of Durham Costs Lover's Lane Reconstruction Sanitary Sewer Costs $282,000.00 Watermain Costs $195,000.00 Total Region of Durham Cost $477,000.00 Combined Total Project Costs $727,000.00 4. INPUT FROM OTHER SOURCES 4.1 This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows: Concurrence: Director of Engineering Attachments: Schedule "A" — Memo from Engineering Services & Letter from AECOM Canada Ltd. 14 -12 SCHEDULE "A" m Leadi„g the way Ll'1_L�J_1'I_l�J TO: Jerry Barber, Purchasing Manager FROM: Ron Albright, Manager, Infrastructure and Capital Works DATE: June 20, 2011 RE: Lovers Lane Reconstruction, Bowmanville CL2011 -19 The Engineering Services Department has reviewed the recommendation provided by AECOM Canada Ltd. ( "AECOM ") and offers the following comments. Since 2001 the Municipality of Clarington has had a plan in place to renew the aging infrastructure in the Old Bowmanvill.e neighbourhood which is generally bounded by Wellington Street, Concession Street and Liberty Street. Since that time all of the streets in the neighbourhood have been reconstructed with the exception of Lovers Lane, Carlisle Avenue and Horsey Street which are scheduled for. reconstruction this year. Prior to completing the design and tendering the work for Lovers Lane, two Public Information Centres were held on March 30, 2010 and February 17, 2011 to review the projects with the public and to get their input regarding the proposed works. 33 people attended the first information centre which dealt with preliminary design for Horsey Street, Carlisle Avenue and Lovers Lane and 16 people attended the second information session which provided more detailed design information. Since these Information Centres were held staff have met on site with residents to review a number of questions relating to the reconstruction. Generally the feedback was positive regarding the replacement of the aging infrastructure and the public provided some additional insight to localized issues of concern, many of which have been addressed through the final design, such as drainage, tree planting and access during construction to name a few. A couple of concerns raised by area residents were that of speeding and on- street parking on Lovers Lane. The speeding matter will be monitored post construction and if remedial measures are warranted action can be taken prior to the surface lift of asphalt being placed in 2014. Parking on the street will remain as it currently does, on street parking is prohibited, with updated more visible signage along the street to assist road users in determining that parking is not permitted. Upon completion of the works Lovers Lane the street will be reconstructed to a modified urban standard with curb and gutter, storm sewers, asphalt pavement and street trees. In addition the Municipality of Clarington is working in cooperation with the Region of Durham on this project and they will be replacing their water and sanitary servicing on Lovers Lane. All of the infrastructure improvements are in keeping with the guidance for the neighbourhood as outlined 14 -13 SCHEDULE "A" Lovers Lane Reconstruction, CL2011 -19 2 April 11, 2011 in the 2001 "Old Bowmanville Neighbourhood Streetscape and Infrastructure Implementation Plan with some minor modifications to account-for the unique nature of Lovers Lane. We concur with AECOM's recommendation to award the contract to Bar -Quip Construction Limited in the amount of $534,871.00, exclusive of HST, or $544,284.73 net HST, for the reconstruction of Lovers Lane. A detailed breakdown of the Clarington's and the Region of Durham's funding is provided on the Cost Apportionment provided with AECOM's tender review letter. Due to past experiences on similar projects, a contingency amount of approximately 10% is carried forward. Therefore, including design and tender fees as well as contract administration fees, the Engineering Department advises the following breakdown for the above referenced project: We recommend the report to Council move forward based on the above apportionments. Attached for your files is the recommendation provided by AECOM which includes a more detailed breakdown of estimated project costs. Should you have any further questions, please feel free to contact the undersigned. Regards, Ron Albri ht, P. Eng. Manager, Infrastructure and Capital Works RA /ra Attachment Cc: Will McCrae, P. Eng., Manager, Cobourg Office, AECOM Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services 1EngfidminAMEf iO3 2 HV1,LBRiGH7106.20 LoversLane.doc 14 -14 Project Breakdown Total Project Value $250,000 Budget Amount Lovers Lane 110 -32- 330 - 83349 -7401 (2010 &2011) $270,000 Estimated Unexpended Budget $20,000 Additional Funding Required $0 We recommend the report to Council move forward based on the above apportionments. Attached for your files is the recommendation provided by AECOM which includes a more detailed breakdown of estimated project costs. Should you have any further questions, please feel free to contact the undersigned. Regards, Ron Albri ht, P. Eng. Manager, Infrastructure and Capital Works RA /ra Attachment Cc: Will McCrae, P. Eng., Manager, Cobourg Office, AECOM Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services 1EngfidminAMEf iO3 2 HV1,LBRiGH7106.20 LoversLane.doc 14 -14 SCHEDULE "A" June 21, 2011 Mr. A. S. Cannella, C.E.T. Director, Engineering Services The Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Dear Sir: Project No: 60157830 AECOM 905 372 2121 tat 513 Division Street 905 372 3621 fax Cobourg, Ontario K9A 5G6 VJ1V44.nRfr]fTI.Ch1lF Regarding: Lover's Lane Reconstruction, Bowmanville Contract No. CL2011 -19 (the "Contract ") Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Thursday, June 16, 2011 at 2:15p.m, A list of the bids received is provided in the table below. BIDDER TOTAL BID TOTAL BID TOTLBI (Exol. NAT) (Intl, '11,141 HST) ,(Indl. Net e) Bar -qui p Construction Limited $534,871,00 $604,404.23 $544,284.73 Richmond Hill, Ontario Hard -Co Construction $608,610.00 $687,729:30 $619,321:54 Whitb , Ontario Coco Paving $699,468.95 $790,399.91 $711,779.60 Bowmanville, Ontario _ Calder Hill Contracting Ltd: $1,135,669.40 $1,283,306.42 $1,155,657.18 Thornhill, Ontario * Extension Error The Municipality of Clarington's Purchasing Department (the "Purchasing Department ") reviewed all bids to confirm compliance with the Clarington Purchasing By -Law, All bids were deemed compliant by the Purchasing Department, AECOM Canada Ltd. ( "AECOM ") has reviewed the two lowest bids and confirmed the bid values noted above. Bar -quip Construction Limited is the lowest bidder. Its submitted tender has been reviewed and had a calculation error in the amount of $4,200 (prior to HST), which was corrected by the Purchasing Department, This does not affect the bid order. C17a I1 -1r itcrinr krvrrd tgUni A.H: 14 -15 SCHEDULE "A" Page 2 June 21, 2011 As requested by the Purchasing Department, references were checked only for the lowest bidder. Bar -quip Construction Limited has completed projects of similar scope and value. References stated that Bar -quip Construction Limited has completed work to specification and to their satisfaction. With the low bid from Bar -quip Construction Limited, and other associated project costs noted on the attached cost apportionment, the project is within budget. Should funding be available and based on the input provided by the references contacted regarding performance on previous projects, the bid in the amount of $534,871.00 (exclusive of HST) may be awarded to Bar -quip Construction Limited of Concord, Ontario subject to all provisions of the Clarington Purchasing Bylaw being met, Bid Cheques or Bid Bonds shall be retained for Bar -quip Construction Limited and Hard -Co Construction, the second low bidder, until the Contract has been executed. Should you have any questions regarding this matter, please contact the undersigned. Sincerely, AECO anada Ltd. / Will McCrae, P.Eng. Manager, Cobourg Office will.mccrae @aecom.com WM;hm Encl. cc: Mr. Ron Albright, P.Eng., Manager of Infrastructure and Capital Works, Municipality of Clarington CL2011-19 Tend or Award tetleLDoa 14 -16 Municipality of Clarington /Region of Durham Lovers Lane Reconstruction Cost Apportionment Based on Engineer's Estimate Contract CL2011 -19 Tuesday, June 21, 2011 AECOM Project # 60157830 Municipality of Clarington Region of Durham Description Total W Comments Roadworks and Storm Sanitary Sewer & atermain & Sewer Appurtenances Appurtenances Project ID1Account Number 110-32-330-83349-7401 Construction Costs Contract CL2011 -19 Earth Ex, Granular, 'B'and'A', Extra Depth TotatPart'R - Roadworks and Storm Sewers $239,084.00 $155,628.30 $41,227.85 $41,227.88 Granular'B', Calcium, Water, Geogrid, Geotextile, RI-8, AC Adjust. Items Apportioned Total Part'B'- Sanftary SewerandAppurtenances $161,334.00 $0.00 S161,334,00 $0.00 Total Part'C' - Watermain and Appurtenances -- _._._._ — - -._- $95,443.00 $0.00 $0.00 $95,443.00 Total Part'D'- Electrical $8,210.00 $8.210.00 $0,00 $0$0 =00 Sub Total Construction $504,071.00' 5164,838.30 $202,561.85 $136,670.85 Total art - Generalltems � S10,072.03 512,377.04 $8,350.93 - Total Construction $174,910.33 $214,938.89 1. - $145,021.78 $534,871.001, AECOM Design Project Number 60157830 60118848 -01 60118848 -02 -d Detail Design and ACommencement to June 17, 2011 $61,268.12 $28,883.40 S16 931 821 $15,472.90 - Total Detail Design and Approvals $61,288.12 $28,883.40 - - - -- $16,931.82 $15,472.90 - Tendering, Construction Admin. and Materials Testing 10.0% Tendering, Construction Admin. and Materials Testing Sib X00 60 s c;OCr}.0U', !�"❑ 000 00 S55:{3010 Total Tendering, Construction Admin. and Materials Testing $22,000.00' $15,000.00 $55,000.00 $18,000.00 Other Costs i Utility Relocations - Bell $4,804.43 $4,804.43 $0.00 $0.00 - - -- Quote (May 4, 2011) Geotechnical Investigations and Report g 50_UO 51.38981 53 707.87 $1.152.32 PO 05632 (May 18, 2010) Total Other Costs $9,054.43 $6,194.24 $1,707.87 $1,152.32 Additional Project Costs Contingencies (Incl. 1.76/ Unrecoverable HST) $55,166.69 $17,999.44 $21,923.24 $15,244.02 1_ 76% Unrecoverable HST on All Une Items Excl. Contingencies $4,012.59 $4.498.18 $11,619.76 $3,108.99 Total Estimated Project Costs $727,000.00 $250,000.00 $282,000.00 $195,000.00 Budget Amount $270,000.00 520,000.00 $217,000.00 $200,000.00 Under /(Over) BudgetAmount - $65,000.00 $5,000.00 Qt C*121 Proj=tslAl nC &C- LovemL=e.IXTendertCL- 1011 -19 -Lou Bid -rev, rs.xlss AECOM n r In 0 C r- m Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: JUNE 27, 2011 Resolution #: By -law #: Report#: FND- 015 -11 File #: Subiect: 2010 AUDITED FINANCIAL STATEMENTS RECOMMENDATIONS: It is.respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND- 015 -11 be received; and 2. THAT the 2010 Draft Audited Financial Statements for the Municipality, its Trust Funds, the Clarington Public Library and the Business Improvement Areas be approved. Submitted by: NT /hjl 'k Reviewed by: Nancy`T�glor, B" B.A!, C.A. Director of Finance/ Treasurer Franklin Wu,. Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 15 -1 REPORT NO.: FND- 015 -11 BACKGROUND: 1.0 Section 296(1) of the Municipal Act, S.O. 2001, c.25 provides that PAGE 2 "A municipality shall appoint an auditor licensed under the Public Accounting Act who is responsible for, (a) annually auditing the accounts and transactions of the municipality and its local boards and expressing an opinion on the financial statements of these bodies based on the audit;" 1.1 Grant Thornton, Markham, Ontario, were appointed as the Municipality of Clarington's auditors through RFP2010 -6 for a five (5) year term to expire January 31, 2015. 1.2 Section 5751 of the Canadian Institute of Chartered Accountant's (CICA) Handbook deals with "Communications with those having oversight responsibility for the financial reporting process ". At the General Purpose and Administration Committee meeting of December 5, 2005, Council approved report FND- 019 -05 formally appointing the Audit Review Group to include the Mayor, as Chair of Finance, the Chief Administrative Officer and the Director of Finance/Treasurer. This group has the oversight responsibility for the financial reporting process. 1.3 The Municipality of Clarington's 2010 audited financial statements were presented to the Audit Review Group on June 23, 2010. A complete copy will be circulated to Members of Council after approval by the audit committee, made available for public viewing, and posted on the Municipality's website. The Clarington Public Library statements will be submitted for ratification by the Clarington Library Board at their next meeting. 1.4 A copy of the excerpts from the financial statements for 2010 are included as Attachment "A" to this report. 1.5 The Ministry of Municipal Affairs and Housing also requires an audit letter as well as specialized financial reports entitled Financial Information Returns. The ministry reviews these and provides Financial Indicator Reviews based on the information submitted and comparable municipalities. 1.6 It is important to note that the financial statements are the responsibility of the Municipality's management. The financial statements have been prepared in accordance with generally accepted accounting principles applicable to local governments, and conform with accounting standards established by the Public 15 -2 REPORT NO.: FND- 015 -11 PAGE 3 Sector Accounting Board (PSAB) of the Canadian. Institute of Chartered Accountants. Where the determination of assets and liabilities is dependent upon future events, amounts are based upon reasonably determined estimates and judgments (i.e. Post employment benefit liability). 1.7 The responsibility of the auditor's is to express an opinion on these statements based on their audit. A draft copy of the Auditor's Report for 2010 is included as Attachment "B" and reflects what is generally referred to as a clean audit opinion. A final report will be issued once Council approves the financial statements. CHANGES TO FINANCIAL REPORTING: 2.0 Section 294.1 of the Municipal Act, S.O. 2001, c.25 provides that "A municipality shall, for each fiscal year, prepare annual financial statements for the municipality in accordance with generally accepted accounting principles for local governments as recommended, from time to time, by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants." 2.1 Effective January 1, 2009, the Municipality was required to change its accounting and financial reporting to conform to the new revised guidelines in the Public Sector Accounting Handbook on financial reporting presentation (Section PS 1200) and tangible capital accounting (Section PS 3150). These were two of the most significant changes to municipal financial reporting ever introduced and required an intense and lengthy effort by municipal staff'and auditors to implement. As part of this exercise, 2008 was also required to be restated in order to be consistent and comparable to the 2009 financial information. Details of the significant policies are included in the notes to the consolidated financial statements. 2009 required a prior period adjustment in the 2010 financial statements reflecting further refinements to our tangible capital asset reporting as explained in Note 2 to the financial statements. 2.2 The sheer magnitude of the changes and work required cannot be emphasized enough. It is critical to note that the financial statements are dramatically different than what was required in prior years and may take some time for all parties to become familiar with both the pros and cons of the new reporting requirements and the impact of the tangible capital assets on the financial statements. Improvements to the tangible capital asset reporting process are ongoing by all municipalities including Clarington. 15 -3 REPORT NO.:. FND- 015 -11 HIGHLIGHTS OF 2010 FINANCIAL STATEMENTS: PAGE 4 3.0 The first statement included in Attachment "A" is the Consolidated Statement of Financial Position. There are several items of note. This statement now includes tangible capital assets with a net book value of approximately $386 million at December 31, 2010. Schedule 1 of the complete financial statements distributed under separate cover provides the breakdown of tangible capital assets by infrastructure category and between cost (approximately $580 million) and accumulated depreciation (approximately $194 million). 3.1 The second item of note on the Consolidated Statement of Financial Position is the accumulated surplus of $421 million at December 31, 2010. It is critical to note that this is not the "traditional"' surplus in former financial reporting formats where the objective was to determine any surplus or deficit pertaining to operations that needed to be recovered in the subsequent budget year. The surplus now incorporates tangible capital asset implications and reserves and reserve funds and capital fund together as an overall number. Details on the surplus can be found in the complete financial statements under Note 18. 3.2 For clarity for Council it is worthwhile to expand on the surplus /deficit issue. The actual year end accumulated surplus at December 31, 2010 based on the former financial reporting methodology was approximately $2.4 million. As per approved Council policy, this will be transferred into the Rate Stabilization Reserve Fund in 2011. The 2010 surplus relates primarily to supplementary taxation revenue and building permit revenue, both of which were very unpredictable in 2010 due to the prevailing economic climate. Savings in winter control due to favourable weather conditions was also a contributory factor. 3.3 Also worthy of note, the municipality's debt has reduced to $29.5 million at December 31, 2010. Our long -term debt is at a very reasonable level and is significantly lower than Ministry guidelines for debt capacity. Cash flow issues around development charges were in place for 2011 but are likely to lessen in the future. 3.4 The Consolidated Statement. of Operations is the second item included in Attachment "A ". Again, it is critical to be aware that the annual surplus noted of approximately $9.9 million is not the same as determined under previous financial reporting methodology. The $9.9 million annual surplus reflected on this statement is inclusive of contributed assets (i.e assumed roads /subdivision 15 -4 REPORT NO.: FND- 015 -11 PAGE 5 works), amortization of tangible capital assets, changes to reserve and reserve fund balances, as well as typical operating impacts and capital activities. 3.5 Ultimately, the financial statements reflect a strong financial position for December 31, 2010. CONCLUSION: 4.0 It is recommended that the 2010 audited financial statements (complete set distributed under separate cover) be approved including those of the Trust Funds, Clarington Public Library (subject to Library Board approval) and Business Improvement Areas and the auditor's be thanked for their assistance and support provided throughout the year as various issues arose. Attachments: Attachment "A" — Excerpts from Financial Statements for 2010 Attachment "B" — Draft Auditors Report for 2010 15 -5 ATTACHMENT "A" TO FND -015 -11 The Corporation of the Municipality of Clarington Consolidated statement of financial position as at December 31, 2010 2010 2009 Financial assets Cash and cash equivalents 30,488,537 29,801,786 Investments (Note 6) 24,640,255 25,035,899 Accounts receivable 9,035,957 6,899,979 Taxes receivable (Note 5) 12,255,738 11,814,175 Inventories for resale 39,326 42,968 Land for resale 146,409 223,521 Promissory notes receivable (Note 7) 8,321,000 8,321,000 Investment in Veridian Corporation (Note 8) 13,639,630 13,196,195 Total financial assets 98 566 852 95,335,523 Liabilities Accounts payable and accrued liabilities 11,039,132 9,337,072 Employee future benefits liabilities (Note 11) 4,721,719 3,822,465 Net long -term liabilities (Note 12) 29,535,078 32,348,198 Deferred revenue - general 5,461,019 5,533,704 Deferred revenue - obligatory reserve funds (Note 9) 13,815,939 11,778,692 Total liabilities 64,572,887 62,820,131 Net financial assets 33,993,965 32,515,392 Non - financial assets .Tangible capital assets (Note 17) (Schedule 1), 386,323,159 377,889,999 Prepaid expenses 590,813 609,743 Inventory supplies 337,510 273,268 Total non - financial assets 387,251,482 378,773,010 Accumulated surplus (Note 18) 421,245,447 411,288,402 15 -6 Clorington FS- schedules 61011(2).x1s,• 2010612011; 1:38 PM Page 2 The Corporation of the Municipality of Clarington Consolidated statement of operations year ended December 31, 2010 2010 2009 Expenses Budget (unaudited) Actual Actual General government 9,434,889 10,110,357 8,635,853 Revenues 10,977,472 11,773,255 11,703,512 Taxation and user charges 20,364,195 19,649,216 20,267,828 Property taxation 37,520,679 38,082,181 36,132,168 Taxation from other governments 3,105,381 3,266,401 3,367,444 User charges 7,250,294 9,805,861 8,404,223 Grants 3,728,224 3,862,551 4,984,031 Government of Canada - 2,735,275 158;871 Province of Ontario 76,000 3,003,323 535,196 Other Deferred revenue earned 10,837,368 9,572,950 8,613,613 Investment income 1,882,899 2,167,020 2,531,308 Penalty and interest on taxes 1,050,000 1,833,647 1,559,214 Fines 144,500 219,987 248,209 Donations and contribution from others 760,000 182,629 504,521 Veridian Corporation Equity share of net income - 1,153,416 1,495,777 Contributed tangible capital assets 4,163,541 4,163,541 5,747,821 Other Income - 460,645 274,188 (Loss) gain on disposal of tangible capital assets - (878,739) 10,256 Total revenues 66,790,662 75,768,137 69,582,809 Expenses General government 9,434,889 10,110,357 8,635,853 Protection to persons and property 10,977,472 11,773,255 11,703,512 Transportation services 20,364,195 19,649,216 20,267,828 Environmental services 1,021,561 1,163,370 1,045,006 Health services 209,321 222,893 197,528 Recreational and cultural services 17,635,527 19,029,450 18,710,583 Planning and development 3,728,224 3,862,551 4,984,031 Total expenses 63,371,189 65,811,092 65,544,341 Annual surplus 3,419,473 9,957,045 4,038,468 Accumulated surplus, beginning of year As previously reported 409,166,607 Prior year adjustment (Note 2) (1,916,673) As restated 413,205 075 411;288,402 407,249,934 Accumulated surplus, end of year 416,624,548 421,245,447 411,288,402 IOClarington.xls• 1710612014• 2:22 PM 15 -7 ATTACHMENT "B" TO FND- 015 -11 Report to the Audit Committee — Communication of audit results The Corporation of the Municipality of Clarington For the year ended December 31, 2010 D a INDEPENDENT AUDITOR'S REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the Municipality of Clarington We have audited the accompanying consolidated financial statements of the Corporation of the Municipality of Clarington, which comprise the consolidated statement of financial position as at December 31, 2010, and the consolidated statements of operations, changes in net financial assets and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Municipality's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Municipality's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of The Corporation of the Municipality of Clarington as at December 31, 2010, and its financial performance and its cash flows for the year then ended in accordance with Canadian public sector accounting standards. Audit - Tax -Advisory Grant Inoron LLR A Canadian Manhx of Grant Thanton titunational Lid Report to the Audit Committee — Communication of audit results The Corporation of the Municipality of Clarington For the year ended December 31, 2010 D Q Other matter Without modifying our report we draw attention to the budget figures which are provided for comparative purposes only. They have not been subject to audit procedures. Accordingly, we do not express an opinion on the budget figures. The financial statements of the Municipality of Clarington for the year ended December 31, 2009 were audited by another auditor who expressed an untnodified opinion on those statements on August 30, 2010. Markham, Canada 2011 Audit • Tex -Advisory Grant Thornton LIP. A Canadian Munbu of Grant Thanlon Inlernat ion l Ltd Chartered Accountants Licensed Public Accountants 15 -9 Date: June 27, 2011 Resolution #: By -law#: N/A Report M CAO- 005 -11 File #: Subject: STAFFING IN THE OFFICE OF THE CAO RECOMMENDATIONS: 1. That Report CAO- 005 -11 be received; and 2. That approval be granted to fill the vacation position of Manager of Corporate Initiatives in the CAO office. Submitted b' Franklin Wu, M.A.O.M. Chief Administrative Officer Attach. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0720 17 -1 REPORT NO.: CAO- 005 -11 . PAGE 2 1. The position of "Research Analyst" has been included in the organization structure for several years. This position remains unfilled as the budget funding required to support this position was not provided due to fiscal restraints. 2. The "Research Analyst" position was needed to assist the CAO primarily in the area of research and to ease the workload of the CAO in many corporate projects and initiatives that do not fall within the responsibilities of any municipal departments. Despite the absence of a "Research Analyst" the CAO managed his workload through juggling priorities and overtime hours. However, this is far from ideal as resources are not matching the works that need to be done. It is noted that the CAO offices in other Durham shoreline municipalities are staffed with both administrative and professional staff whereby in Clarington, the CAO office is only supported by an Executive Assistant. 3. Among the many strategic actions contained in the recently approved Strategic Plan, three strategic actions were assigned to the CAO. They include: a) "Explore the feasibility of a business development facilitator position to assist businesses in working through the Municipality's processes "; b) "Collaborate with Region of Durham climate change initiatives ", and c) "Involve all staff in the development of a corporate green culture and then encourage promotion by all. 4. The above noted actions involve a significant amount of hours of dedicated staff time to ensure the works are done on a continuous basis. The additional workload that accompanies the above strategic initiatives makes it more urgent that ever to add the required staff resource to the CAO Office. 17 -2 REPORT NO.: CAO- 005 -11 PAGE 3 5. In consideration of the complex and specialized nature of the works that are to be performed by the "Research Analyst ", it is necessary to change the position title to "Manager of Corporate Initiatives" which should make it appealing to candidates with considerable experience. The diversified portfolio for this position is illustrated in the draft job posting attached to this report. 6. Assuming Council approves the recommendations contained in this Report, the recruitment process will commence. Given the summer months are upon us, it will be at least late September to early October before the position can be filled. As a result, the impact to the 2011 budget year would be minimal. Similar positions in other CAO Offices carry a salary range between $80,000. to $100,000. The actual salary would be determined through the internal pay equity review process. 17 -3 Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: June 27, 2011 Report #: CAO- 006 -11 File: Subject: ENVIRONMENTAL ASSESSMENT PEER REVIEW OPG REFURBISHMENT AT DARLINGTON N.G.S Recommendation: 1) That Report CAO- 006 -11 be received; and By -law #: 2) That the Mayor and Clerk be authorized to execute a confidentiality agreement with Ontario Power Generation as described in this Report. Submitted b ' Y Franklin Wu, MAOM Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -5717 17 -5 REPORT NO.: CAO- 006 -11 1.0 BACKGROUND PAGE 2 1.1 Council referred the letter (Attachment 1), dated May 10, 2011 from Bill Robinson, Executive Vice President of Nuclear Refurbishment to Planning and Engineering Services (MAY 16, COUNCIL, ITEM D -12). The letter indicated that Ontario Power Generation (OPG) was interested in funding a peer review by the Municipality of the Environmental Assessment (EA) for Darlington Nuclear Generation Station Refurbishment and Continued Operation Project. 1.2 In a May 19, 2011 memo to Council, Staff outlined an approach to carrying out the Peer Review that would meet the timeline established by OPG. Staff prepared a terms of reference for negotiation with AECOM Engineering Services. Staff are following the criteria set out in the agreement with AECOM, Article 2 — Services, and the Purchasing By -law, Article 94 and Schedule "A ", Section 5 i. The Director of Engineering Services is the administrator of the agreement with AECOM and we are confident that AECOM will be able to provide the services necessary for this contract or retain the appropriate sub - consultants. 1.3 AECOM have submitted a draft proposal in response to the Terms of Reference and it is being reviewed by Staff. Generally it appears to meet the requirements set out in the Terms of Reference. AECOM and the sub consultants have all previously worked for the Municipality and are familiar with the site, OPG, Caalington and the peer review process. 1.4 During 2008/9 AECOM purchased a number of smaller firms and consolidated them under the umbrella of AECOM., This consolidation in the engineering consulting field was not unique to AECOM a number of engineering firm consolidations occurred over the past 5 years. This has made it difficult to retain consultants that do not have a potential conflict of interest, given the number of projects OPG has underway and the number of specialized fields of study they retain consultant for. AECOM has assured Staff that if they are in a position where a conflict may occur unaffiliated 17 -6 REPORT NO.: CAO- 006 -11 PAGE 3 sub - consultants will carry out the work and those portions of the work will be signed - off on the disposition sheets under their own letterhead. A number of procedures have been put in place to ensure that there is a clear division of labour to ensure Clarington and OPG can be confident that no bias or perceived bias will occur in the peer review work. 2.0 CONFIDENTIALITY AGREEMENT 2.1 OPG have requested that the Municipality enter into a confidentiality agreement. It would address the possibility of confidential, proprietary or security information being released to the Municipality either during negotiations or in connection with the environmental assessment process. The confidentiality obligation will terminate when OPG releases such information to the public. 2.2 Regardless of the request from OPG, it is our standard protocol to respect the confidential nature of the discussions taken place at these meetings. The request from OPG is reasonable and simply seeks to formalize the informal understanding. 2.3 The Municipality entered into a similar agreement that bound Staff, our consultants, sub - consultants and members of Council during the peer review for the New Nuclear Build. 2.4 The confidentiality agreement does not apply to the release by Staff of a report to Council for its approval of the Peer Review. It will be considered at a public meeting of Council. 2.5 The Municipal solicitor and OPG's solicitor will collaborate on drafting of the agreement, similar in form to Attachment 2. Approval of this report will mean that the Mayor and Clerk are authorized to sign the Confidentiality Agreement on behalf of the Municipality when the Solicitor is satisfied with it. 17 -7 0NTAR10rft UWt`.R GENERATION. 889 Brock Road, 2" Floor, Pickering, ON L1 W 3,12 May 10, 2011 File: NK38 -CORR- 07420 - 0384613 -LOF Project identifier: 10 -73000 Mayor Adrian Foster Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C W Dear Mayor Foster: ATTACHMENT NO. 1 TO REPORT CAO- 006 -11. W.FWl1i) Robinson utive Vice President ' Nuclear Refurbishment, Projects & Support Tel: 905.539.6746 046700 BB; 906.424.3146 blll.(obingon@opg.com Municipal Peer Review - Darlington Nuclear Generating Station Refurbishment and Continued Operation Proi®ct_Environmental Assessment i am writing this letter to confirm Ontario Power Generation's (OPG's) interest in funding the Clarington municipal peer review of the Environmental Assessment (EA) for Darlington Nuclear Generation Station Refurbishment and Continued Operation Project. The peer review is an important part of this EA process. From past experience OPG has found that Clarington peer reviews have improved the quality ofJhe EA. it is intended that a technical peer review of OPG's draft environmental impact statement (EIS) and Technical Support Documents (TSDs) will provide the municipality with assurance that the EA is conducted according to current standards and codes of practice, and that-the potential effects of the project on the municlpality have been addressed. As discussed with staff, OPG will fund the Municipality for costs associated with the peer review (Le. to review the TSV5 and the EIS, and provide comments to OPG prior to finalization of the documents) up to a maximum of $80,000. The work is to be completed in 2011. This level of funding is consistent with the funding provided for screening level EA's. Of course, should there be any changes in scope we will have further discussions. I trust that this information addresses your needs. We will work to get the appropriate contractual details in place. Please feel free to contact me should you wish to lscuss4he- m9tter=iRM detail. V DISTRIBU Sincerely, N- Bill Robinson Executive Vice President Nuclear Refurbishment, Projects & Support Ontario Power Generation cc: Vanessa Hughes - 011 Laurie Swami - P82.4 Clerk's Department - Municipality of Clarington DNGD:Refurb Doc Mgmt - 011 17 -8 MIMED BY PRIGINALTO: o COUNCIL COUNCIL Q PILE DIRECTION INFORMATION COPY TO: Q rAAYOR ❑ OFCDUR Q CAD CIL ti CORPORATE Q CY O SEERVI ESQ SERVICES Cl ENGINEERING o MUNICIPAL Q OPERA11011S SE !ICES CLERK'S PLANNING a SOLICITOR a TREASURY SERVICES Q OTHER _ ----- °��- MUNICiPAL CLERK'S FILE ATTACHMENT NO. 2 TO REPORT CAO- 006 -11 CONFIDENTIALITY AGREEMENT This Agreement is made as of June [•], 2011 between ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario ( "OPG "), "I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, a corporation existing under the laws of Ontario ( "Clarington "). Recitals DRAFT: June 21, 2011 A. OPG is the owner of the Darlington Nuclear Generating Station, a four -unit nuclear generating station located on the north shore of Lake Ontario in the Municipality of Clarington, Ontario. B. OPG plans to refurbish the generating units at the Darlington Nuclear Generating Station ( "DNGS Refurb "). C. Clarington wishes to ensure that the DNGS Refurb will be carried out in the public interest and in the interest of the general welfare of the inhabitants of the Municipality of Clarington. D. The DNGS Refurb is subject to a federal environmental assessment (the "EA Process ") and OPG and Clarington desire to engage in Municipal Peer Review (being a specific part of the EA Process) as part of the EA Process. During the EA Process, OPG (the "Disclosing Party ") may disclose to Clarington (the "Receiving Party ") certain information (including applications of that information) which is confidential, a trade secret or otherwise proprietary to the Disclosing Party. E. The Disclosing Party would not disclose any such information to the Receiving Party or to any company or other entity associated or affiliated with the Receiving Party or to any shareholder, director, officer, employee, partner, representative, agent or advisor (including a financial advisor, legal counsel or accountant) of the Receiving Party (collectively, the "Representatives ") unless the Receiving Party had first executed this Agreement. F. The execution of this Agreement by Clarington's Mayor and Municipal Clerk on behalf of Clarington is authorized by By -law [•] passed by Clarington's Council at its meeting on [•] 2011. 17 -9 -2- For value received, the parties agree as follows. 1. Definition of Confidential Information. The Disclosing Party may disclose to the Receiving Party certain information (including applications of that information) which is confidential, a trade secret or otherwise proprietary to the Disclosing Party, which may include specifically a draft Environmental Impact Statement ( "EIS ") and approximately [•] Technical Support Documents (collectively, the "Confidential Information "). Such information constitutes Confidential Information whether disclosed before or after the date hereof irrespective of whether it is labelled or otherwise identified as "confidential" or "proprietary" and regardless of the manner or the media in which it is made available. Confidential Information does not include, however, information that the Receiving Parry is able to demonstrate to the Disclosing Party's satisfaction, acting reasonably, (a) was or becomes generally known to the public through no fault of the Receiving Party or any of its Representatives; (b) as shown by written record was specifically known by the Receiving Party before disclosure by the Disclosing Party and was not subject to any confidentiality obligation; (c) as shown by written record was developed by the Receiving Party independent of the Confidential Information; or (d) was or becomes known to the Receiving Party on a non - confidential basis from a source other than the Disclosing Party, so long as such source was not subject to any confidentiality obligation. 2. Ownership and Treatment of Confidential Information. All Confidential Information remains, at all times, the exclusive property of the Disclosing Party. Except as expressly set out in this section 2, neither the Receiving Party nor any of its Representatives has any license or other right to use or disclose any Confidential Information for any purpose whatsoever. The Receiving Party may use Confidential Information only in connection with the Municipal Peer Review. The Receiving Party may provide Confidential Information to its Representatives so long as the Receiving Party ensures that such Representatives only use the Confidential Information for the purposes permitted under this section 2. Before providing any Confidential Information to any of its Representatives, the Receiving Party will first inform such Representative of the confidential nature of the Confidential Information and of the Receiving Party's obligations under this Agreement. The Receiving Party will use the same means to protect the confidentiality of the Confidential Information that the Receiving Party uses to protect its own confidential and proprietary information, but in any event the Receiving Party will use not less than reasonable means. The Receiving Party shall prepare and maintain a register of the identity of those persons to whom it has provided Confidential Information as permitted under this Agreement, and the Receiving Party shall furnish a copy of the said register to the Disclosing Party upon request. 17 -10 -3- 3. Required Disclosure of Confidential Information. If the Receiving Party or any of its Representatives are required by law, or are required or requested in any judicial or administrative proceeding or by any governmental authority, to disclose any Confidential Information, the Receiving Party will, and will cause its Representatives to: (a) provide prompt notice of the existence, terms and circumstances of such requirement or request to the Disclosing Party so that the Disclosing Party may seek an appropriate protective order or waive compliance with the terms of this Agreement; (b) consult with the Disclosing Party on the advisability of taking legally available steps to resist or narrow such requirement or request; and (c) disclose, if disclosure of such information is required, only such information as is required by law and use the Receiving Party's best efforts, and cause its Representatives to use their best efforts, to obtain an order or other reliable assurance.that confidential treatment will be accorded to such portion of the disclosed information as the Disclosing Party designates. 4. Return of Confidential Information. At any time, at the Disclosing Party's request, the Receiving Party will deliver promptly to the Disclosing Party all, or a Disclosing Party - specified portion of, the Confidential Information, together with all copies, extracts or other reproductions in whole or in part of such Confidential Information. In addition, at any time, at the Disclosing Party's request, the Receiving Party will destroy, promptly and irrevocably: (a) all such copies, extracts or other reproductions of Confidential Information, or a Disclosing Party - specified portion of Confidential Information, which cannot, because of the device on which such Confidential Information is stored, be removed from the possession of the Receiving Party by delivery to the Disclosing Party; and (b) all analyses, compilations, studies, documents, memoranda, notes and other writings and information whatsoever (regardless of the form, medium or device on or in which such Confidential Information is written, recorded, stored or reproduced) prepared by the Receiving Party or its Representatives and which is based on any of the Confidential Information. Following such delivery and destruction, the Receiving Party will promptly provide the Disclosing Party with written confirmation of completion. In any event, the Receiving Party will complete all such actions within 10 business days of receipt of the Disclosing Party's initial request. The confidentiality obligations set out in this Agreement will survive any such destruction. 5. Remedies. The Receiving Party acknowledges that the Disclosing Party would not have an adequate remedy at law for money damages if the Receiving Party fails to fulfil any of its obligations under this Agreement. Accordingly, the Disclosing Party will be entitled to any injunction, specific performance or other remedy in law or equity (without being required to post a bond or other security), in respect of any breach or threatened breach of this Agreement. The 17 -11 -4- Receiving Party will indemnify the Disclosing Party, from all damages, liabilities, costs and losses (including legal fees and expenses on a dollar for dollar full indemnification basis) suffered or incurred by the Disclosing Parry and arising in respect of a breach or threatened breach of any term of this Agreement by the Receiving Party or any of its Representatives (even after any Representative ceases to be a Representative of the Receiving Party). 6. General Terms. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of this Agreement. Words importing the singular include the plural and vice versa. The term "including" means "including without limitation ", and the terms "includes" and "included" have similar meanings. The term "entity" means any individual, sole proprietorship, partnership, corporation, limited liability company, trust, joint venture, governmental authority or any other incorporated or unincorporated entity or association of any nature. This Agreement is governed by, and is to be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontario. The parties irrevocably submit to the non- exclusive jurisdiction of the courts of Ontario in respect of any matter relating to this Agreement. If any term of this Agreement is or becomes illegal, invalid or unenforceable, the illegality, invalidity or unenforceability will be deemed severable and will not affect any other term of this Agreement. For every term of this Agreement, time is of the essence. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, negotiations, discussions, representations, warranties and understandings, whether written or verbal. Neither party may assign this Agreement without the prior written consent of the other party. This Agreement enures to the benefit of and binds the parties and their respective successors and assigns. No term of this Agreement may be amended or waived except in writing. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any term of this Agreement will be deemed to be a waiver of any subsequent breach of that term. The Disclosing Party makes no representation or warranty as to the accuracy or completeness of any of the Confidential Information and the Disclosing Parry and its Representatives will have no liability to the Receiving Party or any of its Representatives in respect of the use of or reliance on the Confidential Information. The obligations of the Receiving Party under this Agreement will survive the public filing of the final EIS and Technical Support Documents. This Agreement may be signed and delivered in any number of counterparts, each of which when signed and delivered is an original but all of which taken together constitute one and the same instrument. This Agreement may be delivered by fax. 17 -12 -5- The parties have duly executed this Agreement. ONTARIO POWER GENERATION INC. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Name: Title: I have authority to bind the Corporation [•1 Mayor [•1 Municipal Clerk We have authority to bind the Municipality 17 -13 Unfinished Business c1tvingwil CORPORATE SERVICES DEPARTMEN T Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: JUN 13, 2011 Resolution #: By -law #: N/A Report#: COD - 015 -11 File #: Subiect: ASO BENEFIT PROGRAM ANALYSIS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD - 015 -11 be received for information. Submitted by: Reviewed by: arie Marano, H.B.Sc., AMCT, Director of Corporate Services /Human Resources M M /gj Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 18 -1 REPORT NO.: COD - 015 -11 1.0 Background 1.1 At the General Purpose and Administration meeting of April 18, 2011 the following motion was approved: PAGE 2 "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." 2.0 ASO and Traditional Fully Insured Programs - Considerations 2.1 The Municipality historically has carried the health benefits program through a fully Insured plan, which requires paying premiums for the benefit coverage, in exchange for the benefit provider assuming the risk of paying all claims. 2.2 Under an Administrative Services Only (ASO) program, the external company assesses, administers and pays the claim from a bank account funded by the Municipality. This program requires the Municipality to assume the risk of all related claim costs, essentially "owning" the claim. ASO programs generally exclude Life, ADD (Accidental Death & Dismemberment), and LTD (Long Term Disability), which would continue under a paid premium basis. Under an ASO program the Municipality would be required to pay over and above the actual claim cost, the following: 1. General Administration fee ( % of Paid Claims); 2. Profit Charge ( % of Paid Claims) 3. Claims Administration Charge ( % of Healthcare, Vision, Dental paid Claims)[covers salaries for health /dental assessors, technology etc] 4. Printing costs for booklets and Medical Reports (pay incurred costs) 5. Commissions ( paid during the Policy Year) 6. Amendment Charges 7. Premium Taxes 8. Premium for stop loss insurance (large claim pooling ) The estimated additional fees for administration could be in the neighbourhood of 8 to 9% of paid claims). (For information, similar to Ajax notation below, Clarington has one drug claim for an individual in excess of $54, 000 for one year. The total drug claims paid by GWL under the premium paid program was $555, 000 from February 2010 to January 2011). 2.3 Attachment #1 is a brief outline of ASO considerations submitted by Great West Life for purposes of this report. It notes that any reserves established with GWL, would not be refunded if the Municipality switched to an ASO program. The reserves are established on the basis of expected claims, and vary at any given time. Great West Life advised that "due to claims exceeding premium in the first financial period, all reserves were used and in fact, a negative balance remains ". RMIA REPORT NO.: COD - 015 -11 PAGE 3 The Municipality would be required to assess liability under the self insured ASO basis, and establish internal funds in a reserve in order to offset the risk of unpredictable year to year shifts in benefit costs. This would have to be taken into consideration in any cost - benefit analysis. 2.4 Over the past year, Clarington was provided a preliminary and informal estimate of an ASO program cost from a different firm than GWL. The estimated saving from an ASO program at that time was 9.8% equating to approximately $165,000 without taxes, and based on a 10% health trend, 8% dental trend. It is anticipated this amount could be eliminated with the internal reserves that would be required to fund the program, the impact of taxes, and any change in the claims history and trending. It is anticipated that additional staff resources would also be required to administer the internal process (reconciliation for claims charged, claims documentation review for legitimacy since the ASO Provider would not have a vested interest in investigating claim only payment of same) thereby potentially further eroding any anticipated savings. 3.0 Area Municipalities 3.1 The area municipalities have advised the following: Municipality A.S.O. Program Comment The risk of assuming the claim is not Ajax No considered advisable; have claim for one employee over $50k for one Rx drug. Have $25,000 stop loss. Whitby No 900 employees on benefit plan including retirees. Not willing to absorb risk for assumption of claim, particularly with some unlimited coverage. Pickering No Risk of contentious claims paid without consideration of impact because external provider not responsible for cost of claim. Some costs expected to be high for groups with high usage and 18 -3 REPORT NO.: COD - 015 -11 PAGE 4 4.0 Summary 4.1 Great West Life advised of the following in assessing whether ASO is a good fit for an organization: "Generally clients that have better than average claims experience, so they are at or below the insurer's target loss ratio, find ASO to be a better funding arrangement" ..." A plan sponsor needs to have sufficient cash flow available to pay claims should they end up being higher than anticipated. There is no way of knowing if one or more plan members will reach the pooling level in any given year." 4.2 In light of the Municipality's recent claims history which caused the professional firm of GWL to lose in excess of $450,000, thereby giving rise to the significant renewal impact, it is not recommended to change to an ASO program at this time. 18 -4 demographics. Oshawa Yes - Excludes Hard to say if it is less costly, move LTD /Life made years ago based on consultant recommendation; covers 1,000 people including retirees. Region Yes - Excludes Plan in place for 4,000 employees & LTD /Life carry $50,000 stop loss; Expect program more suitable for large Region Groups, Entered ASO in 2005, & established internal reserves. 4.0 Summary 4.1 Great West Life advised of the following in assessing whether ASO is a good fit for an organization: "Generally clients that have better than average claims experience, so they are at or below the insurer's target loss ratio, find ASO to be a better funding arrangement" ..." A plan sponsor needs to have sufficient cash flow available to pay claims should they end up being higher than anticipated. There is no way of knowing if one or more plan members will reach the pooling level in any given year." 4.2 In light of the Municipality's recent claims history which caused the professional firm of GWL to lose in excess of $450,000, thereby giving rise to the significant renewal impact, it is not recommended to change to an ASO program at this time. 18 -4 ATTACHMENT #1 ASO Considerations An ASO Arrangement — how it works With an insurance plan, the Municipality of Clarington pays premiums to Great -West in exchange for Great -West taking on the risk of paying claims. With an ASO plan, the Municipality of Clarington is responsible for the cost of plan member claims, expenses and taxes. Great -West provides claims adjudication and administration, funded through monthly electronic transfers by the Municipality of Clarington. Reserves claims that are incurred but have not yet been submitted. reserves, but must be financially prepared to cover all claims submitted. Types of A9D Option 1: Administrative Services Only (ASO) Daily Withdrawal: Under thisfunding method, there are no monthly rates charged. Claims are withdrawn from an account that you designate, the day after they are incurred. On one day per month, claims payment and administration expenses are also withdrawn. It is important to note that with this type of ASO, we do not withdraw any claims from the account once a person hitsthe $10,000 stop loss level; we automatically pool the claims at that point, so there is no need for concern about large withdrawals that cannot be funded. 18 -5 Plan sponsor pays fees for administration and Insured premiums include all for the processing of claims, and these costs Expenses expenses regardless of number or are calculated based on a percentage of paid value of claims submitted. claims. With the exception of Ontario, Quebec and Taxes Insured premiums include all Newfoundland and Labrador, plan sponsor applicable taxes, does not pay premium tax. Insurer manages the analysis and Plan sponsor is responsible for managing Legislative Implementation of any legislative legislative changes and the impact to their Changes changes. benefit plan. Types of A9D Option 1: Administrative Services Only (ASO) Daily Withdrawal: Under thisfunding method, there are no monthly rates charged. Claims are withdrawn from an account that you designate, the day after they are incurred. On one day per month, claims payment and administration expenses are also withdrawn. It is important to note that with this type of ASO, we do not withdraw any claims from the account once a person hitsthe $10,000 stop loss level; we automatically pool the claims at that point, so there is no need for concern about large withdrawals that cannot be funded. 18 -5 Option 2: Administrative Services Only (ASO) Deposit in Advance: Under this approach, a monthly deposit is determined or we can develop "budgeted" rates that are applied just like insured rates and billed each month. At the end of the policy year, any deficit determined by a reconciliation - (claims plus expenses vs. deposits or budget premiums) is payable by the client; any surplus is returned to the client. A float equal to approximately 4 weeks of claims plus expenses is required to cover any fluctuations in claims experience. Under either of the options, your current stop loss (or large- amount pooling) protection of $10,000 for drugs, private duty nursing and accidental dental would remain in place, as would your pooling arrangement for out of country emergency claims, which are pooled from first dollar. Therefore, your exposure would remain limited as is the case now with your non - refund coverage. A Switch to ASO • Means an "immediate pick -up' basis — this means that any claims paid after the accounting change would be charged to the new accounting basis regardless of the date the claim was incurred • Existing reserves are not transferred to the ASO plan nor are they refundable • Results in a new policy number, new employee materials • A change to ASO is a 6 -8 week set -up period A Switch Back to the Current Funding Arrangement • Would mean a new policy number, new employee materials • The reserves would need to be re- established • A 6 -8 week set -up period .