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HomeMy WebLinkAbout09/12/2011 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: September 12, 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 July 11, 2011 4-1 5. PRESENTATIONS (a) Steve Meringer, Oshawa Fire Chief, Durham Region Fire Coordinator, Member of Joint Working Group for the New Next Generation Radio Committee, and David Wrather, Lansdowne Technologies Inc., Project Management Team for the New Next Gen Project, Regarding Report ESD-013-11, "Next Gen" — Next Generation Common Communication Platform (b) Dave Hardy, Hardy Stevenson and Associations, Regarding Report PSD-078-11, Port Granby Project— Licensing Hearing before the Canadian Nuclear Safety Commission, and Roads Agreement with the Government of Canada 6. DELEGATIONS (Draft List at Time of Publication —To be Replaced with Final 6-1 List) (a) Cathy Clarke, Regarding Report PSD-072-11, Expiry Dates for Draft Approval of Plans of Subdivision (b) Kim McDonald, Regarding Pigeons as Governed by Exotic Pet By-law (c) Jim Richards, Regarding Energy from Waste and Council's Lack of Action (d) Anne Marie Marchetti, Regarding Report PSD-072-11, Expiry Dates for Draft Approval of Plans of Subdivision (18T-95030) G.P. &A. Agenda - 2 - September 12, 2011 7. PUBLIC MEETINGS (a) Application to Amend the Official Plan 7-1 Applicant: 672003 Ontario Limited (Adalan Development Corp.) Report: PSD-067-11 (b) Application to Amend the Zoning By-law 7-3 Applicant: Stephen Selby Report: PSD-068-11 8. PLANNING SERVICES DEPARTMENT (a) PSD-067-11 To Redesignate the Property to Permit a Medium Density 8-1 Residential Development Applicant: 672003 Ont. Ltd. (Adalan Development Corp.) (b) PSD-068-11 To Permit Rezoning of a Farm Property to Prohibit 8-12 Residential Uses Applicant: Stephen Selby (c) PSD-069-11 Application for Removal of Holding 8-21 5720 Solina Road Applicant: Arnot Wotten (d) PSD-070-11 Application to Amend the Durham Regional Official Plan to 8-27 Extend Municipal Services to the Proposed Durham Regional Police Service Facility Applicant: Regional Municipality of Durham (e) PSD-071-11 Proposed Official Plan and Zoning By-Law Amendment to 8-37 Permit Commercial Use Applicant: Newcastle (King) Developments Inc. (f) PSD-072-11 Expiry Dates for Draft Approval of Plans of Subdivision 8-66 (g) PSD-073-11 Application for Removal of Part Lot Control 8-74 Applicant: 511060 Ontario Limited (h) PSD-074-11 Environmental Stewardship 8-80 Trees for Rural Roads Program (i) PSD-075-11 Waterfront Land Acquisition 8-88 43 West Beach Road, Bowmanville (j) PSD-076-11 Monitoring of the Decisions of the Committee of 8-96 Adjustment for the Meetings of July 14 and August 11, 2011 G.P. &A. Agenda - 3 - September 12, 2011 (k) PSD-077-11 Refurbishment and Continued Operation of the Darlington 8-102 Nuclear Generating Station Municipality of Clarington Comments — Draft Scoping Information Document (1) PSD-078-11 Port Granby Project— Licensing Hearing before the 8-145 Canadian Nuclear Safety Commission, and Roads Agreement with the Government of Canada 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-031-11 Monthly Report on Building Permit Activity for June, 2011 9-1 (b) EGD-032-11 Monthly Report on Building Permit Activity for July, 2011 9-8 (c) EGD-033-11 Proposal to Close and Convey Portions of a Road 9-15 Allowance Situated Between Lots 32 and 33, Concession 7, Former Township of Clarke 10. OPERATIONS DEPARTMENT (a) OPD-011-11 Senior Citizens and the Physically Disabled Sidewalk and 10-1 Driveway Windrow Snow Clearing Program 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-013-11 "Next Gen" — Next Generation Common Communication 11-1 Platform 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-021-11 Hiring of Municipal Law Enforcement Officer 13-1 (b) CLD-022-11 2nd Quarter Parking Report 13-5 (c) CLD-023-11 Ontario Wildlife Damage Compensation Program 13-8 (d) CLD-024-11 Results of Mediation Meeting — Shooting Club Noise 13-14 G.P. & A. Agenda - 4 - September 12, 2011 14. CORPORATE SERVICES DEPARTMENT (a) COD-027-11 Contract Awards Council Recess 14-1 (b) COD-028-11 CL2011-27, Asphalt Resurfacing, Various Locations 14-24 (c) COD-029-11 Purchase of Pre-Built Pumper 14-33 15. FINANCE DEPARTMENT (a) FND-017-11 2011/12 Insurance Program 15-1 (b) FND-018-11 Financial Update as at June 30, 2011 15-6 16. SOLICITOR'S DEPARTMENT See Confidential Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS 19. OTHER BUSINESS 20. COMMUNICATIONS 21. CONFIDENTIAL REPORTS (a) LGL-009-11 Durham Citizens Lobby for Environmental Awareness and Responsibility v. The Regional Municipality of Durham et al (b) LGL-010-11 Hong Li Zhang v. The Corporation of the Municipality of Clarington (c) LGL-011-11 Temporary Use Rezoning Application 5105 Main Street, Orono Applicants: Wes and Margaret Knapp Appeal to the Ontario Municipal Board 22. ADJOURNMENT Coy 0 Y.eadin,t r7re)vw• General Purpose and Administration Committee Minutes July 11, 2011 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, July 11, 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 Manager of Infrastructure, R. Albright Manager of Internal Audit, C. Carr Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Novak announced that she attended the sod turning event for the Ontario Power Generation Darlington Energy Complex on Wednesday, July 6, 2011. She thanked all of staff who were involved in this project. Councillor Hooper announced that he represented Mayor Foster in a 54km bicycle ride in the Waterfront Trail Ride, sponsored by the Waterfront Regeneration Trust, on Tuesday, July 5, 2011. Councillor Woo and Councillor Partner were also present during a part of the Trail Ride. - 1 - 4-1 General Purpose and Administration Committee Minutes July 11, 2011 Councillor Hooper also attended the: • Sod Turning event for the Ontario Power Generation Darlington Energy Complex on Wednesday, July 6, 2011 • Grandview Kids Charity Golf at the Oshawa Golf and Curling Club on Thursday, July 7, 2011 • Bryan Bickell Charity Classic Golf Tournament at the Black Diamond Golf Club on Friday, July 8, 2011 • Grand Opening of 'Great Clips' hair salon on Saturday, July 9, 2011, in the Bowmanville Smart Centre Plaza. • 'Marble Slab Creamery', a new business, also located in the Bowmanville Smart Centre Plaza. • Newcastle's One of a Kind Art and Artisans Show and Sale, on Saturday, July 9, 2011 at the Bond Head Beach Parkette Councillor Woo announced that, on Tuesday, July 5, 2011, he and Councillor Partner had toured the Port Granby long-term low level radioactive waste management site to gain a perspective on the site and mitigation measures, including slope stabilization of the cliffs. Councillor Woo also attended the: • Newcastle's One of a Kind Art and Artisans Show and Sale, on Saturday, July 9, 2011 at the Bond Head Beach Parkette • Re-opening of 'Gift of Art' in Newcastle on Saturday, July 9, 2011. He noted that Mayor Foster, Councillor Partner, Fred Horvath, and David Crome were also in attendance • Kawartha Pine Ridge District School Board strategic plan meeting on Thursday, July 7, 2011 • Islamic Centre of Clarington Open House, on Sunday, July 10, 2011, with Mayor Foster. Councillor Woo added that the Canadian Nuclear Safety Commission will hold a one- day public hearing on September 27, 2011 to consider the licence for the Port Hope Area Initiative Port Granby Project. The hearing will be held at the Hope Fellowship Church at 1685 Bloor Street in Courtice. Mayor Foster announced that he and Pickering's Mayor Dave Ryan met with Minister Duguid at Queen's Park on Tuesday, July 5, 2011. Mayor Foster noted that the Province has stated that it is committed to the Nuclear New Build. Mayor Foster announced that he had attended the: • Sod Turning event for the Ontario Power Generation Darlington Energy Complex on Wednesday, July 6, 2011 • Re-opening of 'Gift of Art' in Newcastle on Saturday, July 9, 2011 - 2 - 4-2 General Purpose and Administration Committee Minutes July 11, 2011 ® Islamic Centre of Clarington Open House, on Sunday, July 10, 2011. He added that the group wishes to get involved in the community. MINUTES Resolution #GPA-493-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on June 27, 2011, be approved. CARRIED PRESENTATIONS Ron Albright, Manager of Infrastructure, was present regarding Report EGD-030-11, Mill Street Pedestrian Tunnel, Newcastle Village. Mr. Albright made a verbal presentation to accompany a PowerPoint presentation. He reviewed the background on the tunnel project, the re-evaluation of alternative solution; the 2010 tendering process, and the recommended design. RECESS Resolution #GPA-494-11 Moved by Councillor Novak, seconded by Councillor Traill THAT the Committee recess for 10 minutes. CARRIED The meeting resumed at 10:43 a.m. DELEGATIONS Joey Neuhoff, Vice President, Covanta Energy Corporation, and Peter McMillan, Architect, McMillan Associates Architects were present regarding Report PSD-064-11, Energy from Waste Facility: Architectural Upgrades Under Host Community Agreement. Mr. McMillan made a verbal presentation to accompany a PowerPoint presentation. He noted that Warren Fisher, Project Manager, Covanta and Gaston Haupert, Lead Engineer, Covanta were also in attendance. Mr. McMillan stated that his firm was asked to provide enhancements to the following architectural aspects of the project: offices and visitor centre, building amalgamation, bridge and canopy, cladding upgrade, roofing upgrade, site enhancements, and the stack. He discussed the details - 3 - 4-3 General Purpose and Administration Committee Minutes July 11, 2011 of the architectural enhancements. Mr. McMillan and Mr. Neuhoff answered questions from Members of Council. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Zoning By-law Applicant: Sobczak, Roman and Elzbieta Report: PSD-061-11 Bob Russell, 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. Roman Sobczak, the applicant, was present to provide the Committee with a background on the application. The intent is to build a small retirement home for he and his wife. (b) Subject: Application to Amend the Zoning By-law Applicant: Margaret and Wes Knapp Report: PSD-062-11 Carlo Pellarin, Manager Development Review, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to the application. Bradley MacArthur, local resident of ten years and customer of Mr. Knapp, spoke in support of the application. Mr. MacArthur stated that there are other neighbours who create more noise by cutting trees, etc. He stated that Mr. Knapp provides an important local service for the community and keeps his property in good order. Dan Zegers, lifelong local Orono resident and customer of Mr. Knapp, spoke in support of the application as it provides a local service. Mr. Zegers stated that'Mr. Knapp's property is immaculate. Chris Lake, local resident, spoke in support of the application. She stated that, for the year that she has lived in the area, there have been no noise, mess or parking issues. Ms. Lake stated that there is more of a problem with parking on Main Street than there is on Cobbledick Road. - 4 - 4-4 General Purpose and Administration Committee Minutes July 11, 2011 Al McMaster, local Orono resident, spoke in support of the application. He stated that Mr. Knapp provides a crucial service to the community. Mr. McMaster noted that Mr. Knapp is quite skilled and his prices are reasonable. He added that he believes that Mr. Knapp's business is not detrimental to the community, the place is well kept and noise has not been a problem. Mr. McMaster suggested that denying this application goes against Council's goal to promote economic development. Marcus Cook, local area resident, spoke in support of the application. He noted that he has been taking small engines to Mr. Knapp for approximately 27 years. Mr. Cook stated that he has never witnessed cars lined up on the road. He noted that he has not seen large machinery that could make unwarranted noise. Mr. Cook added that there is no visual indication that there is a business on the property. Diana Bramwell, local Orono resident, spoke in support of the application. She noted that she has lived in Orono for 18 years and has taken her business to Mr. Knapp for approximately 15 years. Ms. Bramwell.stated that she was in agreement with the previous speakers. She noted that she walks her dog passed Mr. Knapp's house every day and has not witnessed any noise, nor has she seen any oil or other debris. John Pleasance, resident of Darlington Township, spoke in support of the application. Mr. Pleasance stated that he has known Mr. Knapp for approximately 30 years. He stated that Mr. Knapp keeps his place very clean. Mr. Pleasance added that he believes that Mr. Knapp is one of the best small engine repair businesses and added that it would be a loss to the community if this application were denied. Dennis Malley, local Orono resident, spoke in support of the application. Mr. Malley noted that he has known Mr. Knapp for approximately 40 years. He stated that he has been a local resident for 25 years. Mr. Malley stated that the shop is clean and Mr. Knapp is very knowledgeable and there is no visible evidence of business operations. Judith Allison, local resident, spoke in support of the application. She stated that she concurs with the previous speakers and has nothing more to add, but that Mr. Knapp has a very clean shop. Mr. Worboy, agent for the applicants, was present to provide the Committee with some background on the situation. He stated that Mr. Knapp has been in business for approximately 31 years. Mr. Worboy stated that 35% of Mr. Knapp's business is mobile (offsite). He stated that Mr. Knapp's property is kept very clean. Mr. Worboy informed the Committee that Mr. Knapp's business is not just small engine repair, but also does small appliance repair. Mr. Worboy noted that this application is a temporary use application, not a rezoning. He added that this temporary use application was made in order to provide Mr. Knapp time to assess his position. Mr. Worboy reminded Council that there is no noise because the work is done within the shop. He noted that Mr. Knapp stated that there is not more than 45 minutes of noise*over three days. He - 5 - 4-5 General Purpose and Administration Committee Minutes July 11, 2011 stated that there is parking for two cars in the driveway. Mr. Worboy stated that home based businesses are not unusual for Orono. He noted that Mr. Knapp was charged under the sign by-law one week after the temporary use application was made. Mr. Worboy concluded by asking the Committee for support of the application. (c) Subject: Applications to Amend the Zoning By-law and the Official Plan Applicant: 1351739 Ontario Limited Report: PSD-063-11 Anne Taylor Scott, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Donna Lanigan, local resident, spoke in opposition to the application. She stated that the whole neighbourhood was shocked to hear of this proposal as the land was zoned commercial for so long. Ms. Lanigan noted that today's daytime meeting, in the summer, has resulted in a lower turnout for today's meeting. She presented a petition with signatures from 70 homeowners, in opposition to the application. Ms. Lanigan stated that the application notice and signage were not clear. She noted that she is concerned about declining property values as a result of this proposal. Ms. Lanigan stated that the closest properties will be backing onto a concrete wall. She noted that there is already a great deal of traffic and noise, and this proposal will add to the traffic and noise. Ms. Lanigan stated that she is also concerned about the size of the building which will reduce sunlight and privacy on her property. She concluded that the plans for the building will not be in keeping with the area physical characteristics. Rebecca Regehr, local resident, spoke in opposition to the application. She stated that she is concerned with the height of the building, privacy, light pollution, shade and garbage issues. Ms. Regehr noted that the original zoning was in place to support the neighbourhood (i.e. commercial use would provide a service to the residents but an apartment building would not). Larry Williamson, local resident, spoke in opposition to the application. He stated that he does not see how the proposal will enhance the community. Mr. Williamson noted that the commercial zoning was known and a commercial building would be welcomed, but this proposal is not. He stated that there may be traffic concerns with overflow parking on the street, especially for emergency vehicles exiting from the fire hall across the street from the subject property. Patricia Long, local resident since 1964, spoke in opposition to the application. She stated that the prospect of facing the apartment building does not make her happy. Ms. Long noted that the original intent was for single family dwellings. She stated that she had no objection, a few years ago, when the property was rezoned from residential to commercial. However, she is not in favour of rezoning to allow an apartment building. Ms. Long noted that the water table is close to the surface in the area and she is - 6 - 4-6 General Purpose and Administration Committee Minutes July 11, 2011 concerned about water. She stated that this proposal would erode her enjoyment of her property. Ms. Long noted that she is concerned about the look of the building and the prospect of rental housing. She added that she is concerned about the additional traffic impacting on the safety of the school children. Ms. Long concluded that she is not in favour of the proposal, especially the impact on her property values. Rodney Sturge, local resident, spoke in opposition to the application. He stated that his major concern is the impact on his children and his privacy. Mr. Sturge noted that he knew that there would be a commercial development but is now concerned about the negative impact of the proposal on his property value. He concluded by stating that he is in agreement with some of the other speakers. June Trimble, local resident, spoke in opposition to the application. She stated that she agrees with the previous speakers. Lierre Dufresne, local resident, spoke in opposition to the application. She stated that she has lived in the area for two years. Ms. Dufresne stated that she is in agreement with the previous speakers. She noted that the proposal of a 19 unit apartment building results in 10 more dwelling units than if townhouses were built on the subject lands. Ann Arbour, local resident, spoke in opposition to the application. She stated that she does not want to see a four storey apartment building when she is standing on her front porch. She noted that she moved from Scarborough so that she would not have an apartment building in the neighbourhood. Glenn Genge, D.G. Biddle and Associates, agent for the applicant, was present requesting support for the application. Mr. Genge provided the Committee with an overview of the application. He noted that there is a need for affordable rental housing in Courtice, which is In line with the Municipal, Regional and Province's view of higher density residential units. Mr. Genge stated that there may be a six storey building across Trull's Road and that his client's proposal would provide a "transition" to the lower density. He spoke to the following issues in response to concerns raised by the earlier speakers: privacy, fencing, landscaping, garbage, parking, traffic, neighbourhood compatibility, shadowing and property values. Mr. Genge stated that he is not aware of any intention of the developer to rent the units as social assistance or low-income rentals. No one spoke in support of the application. - 7 - 4-7 General Purpose and Administration Committee Minutes July 11, 2011 RECESS Resolution #GPA-495-11 Moved by Councillor Neal, seconded by Councillor Woo THAT the Committee recess until 2:30 p.m. CARRIED The meeting resumed at 2:31 p.m. PLANNING SERVICES DEPARTMENT REZONING APPLICATION TO FACILITATE THE SEVERANCE OF ONE RESIDENTIAL LOT APPLICANT: R. AND E. SOBCZAK Resolution #GPA-496-11 Moved by Mayor Foster, seconded by Councillor Neal THAT Report PSD-061-11 be received; THAT the application to amend Zoning By-law 84-63 to facilitate the severance of a lot for a single detached dwelling be approved and that the Zoning By-law Amendment contained in Attachment 2 of Report PSD-061-11 be passed; THAT a copy of Report PSD-061-11 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-061-11 and any delegations be advised of Council's decision. CARRIED - 8 - 4-8 General Purpose and Administration Committee Minutes July 11, 2011 TEMPORARY USE REZONING APPLICATION FOR SMALL ENGINE REPAIR BUSINESS APPLICANT: WES AND MARGARET KNAPP Resolution #GPA-497-11 Moved by Councillor Partner, seconded by Councillor Traill THAT Report PSD-062-11, regarding a temporary use rezoning application for a small engine repair business, be tabled to the Council meeting of July 18, 2011. CARRIED APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND FOR A PROPOSED 4 STOREY APARTMENT DWELLING CONTAINING 19 RESIDENTIAL UNITS APPLICANT: 1351739 ONTARIO LIMITED Resolution #GPA-498-11 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD-063-11 be received; THAT the applications to amend the Clarington Official Plan (COPA 2011-0004) and Zoning By-law 84-63 (ZBA 2011-0017) continue to be processed, including the preparation of a subsequent report considering all agency comments and concerns raised at the Public Meeting; and THAT all interested parties listed in Report PSD-063-11 and any delegations be advised of Council's decision. CARRIED ENERGY FROM WASTE FACILITY: ARCHITECTURAL UPGRADES UNDER HOST COMMUNITY AGREEMENT Resolution #GPA-499-11 Moved by Mayor Foster, seconded by Councillor Traill THAT Report PSD-064-11 be moved to the end of the Planning Services Department section of the agenda. CARRIED - 9 - 4-9 General Purpose and Administration Committee Minutes July 11, 2011 MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 30, 2011 Resolution #GPA-500-11 Moved by Councillor Woo, seconded by Councillor Partner THAT Report PSD-065-11 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on June 30, 2011 for applications A2011-0013 and A2011-0023 to A2011-0025; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: GAGE PARK DEVELOPMENTS INC. Resolution #GPA-501-11 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD-066-11 be received; THAT the request for Removal of Part Lot Control with respect to Lots 1 to 18 inclusive, 20L, 23R, 27, Blocks 83, 84, and 86 to 94 inclusive of Plan 40M-2361 be approved and that the Part Lot Control By-law contained in Attachment 2 of Report PSD-066-11 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-066-11 and any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED RECESS Resolution #GPA-502-11 Moved by Mayor Foster, seconded by Councillor Traill THAT the Committee recess for 2 minutes. CARRIED The meeting resumed at 2:42 p.m. - 10 - 4-10 General Purpose and Administration Committee Minutes July 11, 2011 ENERGY FROM WASTE FACILITY: ARCHITECTURAL UPGRADES UNDER HOST COMMUNITY AGREEMENT (Continued) Resolution #GPA-503-11 Moved by Mayor Foster, seconded by Councillor Woo THAT Report PSD-064-11 be received for information. CARRIED Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MITCHELL CORNERS PUBLIC INFORMATION CENTRE REPORT AND FIRNER STREET DITCHES Resolution #GPA-504-11 Moved by Councillor Novak, seconded by Mayor Foster THAT Report EGD-028-11 be received; THAT any decision regarding improvements on Trulls Road be deferred until such time that both the Municipality and the Province have assessed the potential impacts that may arise from the phased extension of Highway 407; THAT the filling in of ditches on Firner Street, which is a structurally adequate road, may not be fiscally appropriate in terms of Municipal priorities; THAT the $60,000 cost to construct a cul-de-sac at the west limit of Firner Street be considered in the 2012 Capital Budget and Four Year Forecast; THAT Staff report back on this matter once our discussions with the Province about the phased extension of Highway 407 have progressed further from concept to implementation; and THAT all interested parties listed in Report EGD-028-11 be advised of Council's decision. CARRIED AS AMENDED (See following motion) - 11 - 4-11 General Purpose and Administration Committee Minutes July 11, 2011 Resolution #GPA-505-11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the foregoing Resolution #GPA-504-11 be amended to delete paragraph #3 and to insert immediately before the words "be considered", the words "and the filling in of ditches on Firner Street", in paragraph #4. CARRIED The foregoing Resolution #GPA-504-11 was then put to a vote and carried as amended. WESTVALE SUBDIVISION PHASE 1, COURTICE, PLAN 40M-2178, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW, FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-506-11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report EGD-029-11 be received; THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2178; and THAT Council approve the by-law attached to Report EGD-029-11, assuming certain streets within Plan 40M-2178 as public highways. CARRIED MILL STREET PEDESTRIAN TUNNEL, NEWCASTLE VILLAGE Resolution #GPA-507-11 Moved by Councillor Woo, seconded by Councillor Partner THAT Report EGD-030-11 be received; THAT the Municipality waive the Purchasing By-law 2010-112 for the construction of the Mill Street Pedestrian Tunnel and associated works to allow Canadian National Railway to complete the project directly due to the complex and time sensitive nature of the work to an upset limit of$4,100,000; THAT a copy of this report be forwarded to the Canadian Transport Agency, Transport Canada and the Canadian National Railway; - 12 - 4-12 General Purpose and Administration Committee Minutes July 11, 2011 THAT Council express its intent to fund this project including debenture repayments and financing to the extent allowable from future development charges; THAT the Director of Finance be authorized to make application to the Region of Durham for a debenture in the estimated amount of$3,800,000.00 plus debenture costs to finance the balance of the costs of the Mill Street Pedestrian Tunnel; and THAT the Mayor and Clerk be authorized to execute the agreement with the Canadian National Railway in a form satisfactory to the Municipal Solicitor and the Director of Engineering Services. CARRIED RECESS Resolution #GPA-508-11 Moved by Mayor Foster, seconded by Councillor Hooper THAT the Committee recess for 10 minutes. CARRIED The meeting resumed at 3:51 p.m. Councillor Woo chaired this portion of the meeting. OPERATIONS DEPARTMENT INA BROWN PARKETTE — GAZEBO BANDSTAND Resolution #GPA-509-11 Moved by Councillor Partner, seconded by Councillor Hooper THAT Report OPD-009-11 be received; THAT Council approve the use of the Ina Brown Parkette grounds for the construction of a gazebo bandstand; and THAT a copy of Report OPD-009-11 and Council's resolution be forwarded to the Newtonville Hall Board. CARRIED - 13 - 4-13 General Purpose and Administration Committee Minutes July 11, 2011 ALTER THE AGENDA Resolution #GPA-510-11 Moved by Councillor Partner, seconded by Councillor Hooper THAT the agenda be altered to consider Report OPD-006-11, listed on the Agenda under Unfinished Business, at this time. CARRIED COMMUNITY GARDENS Report OPD-006-11 was considered at the General Purpose and Administration meeting of June 27, 2011 and tabled to this meeting. Resolution #GPA-511-11 Moved by Councillor Partner, seconded by Councillor Neal THAT Report OPD-006-11 be lifted from the table. CARRIED The following resolution was now before the Committee for consideration with two friendly amendments. Resolution #GPA-478-11 Moved by Councillor Hooper, seconded by Councillor Trail[ THAT Report OPD-006-11 be received; THAT Council approve proceeding with a lease agreement for Community Gardens; THAT the Mayor and Clerk be authorized to execute the lease subject to any amendments satisfactory to the Municipal Solicitor; THAT Sher Leetooze be thanked for her efforts in Community Garden project; and THAT all interested parties listed in Report OPD-006-11 be advised of Council's decision. CARRIED Councillor Hooper chaired this portion of the meeting. - 14 - 4-14 General Purpose and Administration Committee Minutes July 11, 2011 EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT—JUNE, 2010 Resolution #GPA-512-11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report ESD-011-11 be received for information. CARRIED EMERGENCY AND FIRE SERVICES — 2010 ANNUAL REPORT Resolution #GPA-513-11 Moved by Mayor Foster, seconded by Councillor Novak THAT Report ESD-012-11 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 THE RICK HANSEN 25TH ANNIVERSARY RELAY Resolution #GPA-514-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CLD-018-11 be received for information. CARRIED SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE Resolution #GPA-515-11 Moved by Mayor Foster, seconded by Councillor Neal THAT Report CLD-019-11 be received; and - 15 - 4-15 General Purpose and Administration Committee Minutes July 11, 2011 THAT Melanie McArthur be appointed to the Samuel Wilmot Nature Area Management Advisory Committee for a term concurrent with Council. CARRIED ANIMAL SERVICES QUARTERLY REPORT —April — June, 2011 Resolution #GPA-516-11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CLD-020-11 be received; and THAT a copy of Report CLD-020-11 be forwarded to the Animal Alliance of Canada. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT JOINT HEALTH AND SAFETY COMMITTEE — 2010/2011 SUMMARY Resolution #GPA-517-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-023-11 be received for information. CARRIED CL2011-21, MILL STREET ROAD RECONSTRUCTION Resolution #GPA-518-11 Moved by Councillor Woo, seconded by Councillor Partner THAT Report COD-024-11 be received; THAT Kawartha Capital Construction, Peterborough, ON, with a total bid in the amount of $632,777.04 (Net of HST Rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2011-21, be awarded the contract for Mill Street Road Reconstruction —Toronto Street to Clarke Street as required by the Engineering Department; - 16 - 4-16 General Purpose and Administration Committee Minutes July 11, 2011 THAT the funds required in the amount of.$772,000.00 which includes $632,777.94 for Tender, contract administration, contingencies and net HST rebate be drawn from the following account Mill Street Reconstruction capital account # 110-32-330-83362-7401; and THAT the Mayor and the Clerk be authorized to execute the necessary agreement. CARRIED CL2011-22, STRUCTURES REHABILITATION, VARIOUS LOCATIONS Resolution #GPA-519-11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report COD-025-11 be received; THAT Clearwater Structures Inc., Ajax, ON with a total bid in the amount of$503,984.87 (Net of HST Rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2011-22, be awarded the contract for 2011 Structures Rehabilitation, Various Locations as required by the Engineering Department; THAT the funds required in the amount of$697,000.00 which includes $503,984.87 for Tender, design contract administration and contingencies and net HST be drawn from the following accounts: Structures Rehabilitation, Various Locations Account # 110-32-330-83275-7401 $500,000.00 Account# 110-32-330-83607-7401 $107,000.00 Account# 110-32-330-83338-7401 $ 90,000.00 and THAT the Mayor and the Clerk be authorized to execute the necessary agreement. CARRIED FINANCE DEPARTMENT There were no reports to be considered under this section of the Agenda. SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. - 17 - 4-17 General Purpose and Administration Committee Minutes July 11, 2011 CHIEF ADMINISTRATIVE OFFICER "CONNECTING CLARINGTON" -A PILOT PROJECT TO IMPROVE COMMUNICATION WITH OUR RESIDENTS Resolution #GPA-520-11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report CAO-007-11 be received for information. CARRIED ENERGY MANAGEMENT COMMITTEE —SOLAR PHOTOVOLTAIC (PV) PROGRAM Resolution #GPA-521-11 Moved by Councillor Woo, seconded by Councillor Partner THAT Report CAO-008-11 be received; THAT the requirement for formal competitive bidding in accordance with By-law 2010-112, Part 2 be waived for this initiative; and THAT Staff, in conjunction with the Purchasing Division, be authorized to advertise for Expressions of Interest for the potential installation of solar panel systems on selected municipal buildings. CARRIED UNFINISHED BUSINESS Report OPD-006-11 was considered earlier in the meeting, during the Operations Department section. OTHER BUSINESS CIVIL MARRIAGE SERVICES Resolution #GPA-522-11 Moved by Councillor Hooper, seconded by Councillor Neal WHEREAS on December 13, 2004, Council passed By-law 2004-253 to "opt in" to providing civil marriage services; - 18 - 4-18 General Purpose and Administration Committee Minutes July 11, 2011 AND WHEREAS the authority to provide the civil marriage services extended to those services held Monday to Friday in the Municipal Administrative Centre only; AND WHEREAS the fee for civil marriages was set at $250 to cover the cost of staff time and use of the Municipal Administrative Centre; AND WHEREAS the Administrative Assistant to the Municipal Clerk has received a request to perform a civil marriage service outside of the parameters set by By-law 2004-253; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON THAT the Municipal Clerk's designate be authorized to perform a civil marriage service on Saturday, September 10, 2011 at Elmhirst Resort, RR#1, 1045 Settlers Line, Keene, Ontario; THAT the $250 fee be waived in this instance; and THAT the appropriate by-law be forwarded to Council. CARRIED COMMUNICATIONS CORRESPONDENCE FROM RONALD F. WORBOY, REPRESENTING WESLEY AND MARGARET KNAPP, REGARDING THE KNAPP'S TEMPORARY USE REZONING APPLICATION FOR SMALL ENGINE REPAIR BUSINESS Resolution #GPA-523-11 Moved by Councillor Novak, seconded by Councillor Neal THAT the correspondence from Ronald F. Worboy, representing Wesley and Margaret Knapp, regarding the Knapp's temporary use rezoning application for small engine repair business be referred to the Director of Planning Services to be considered as part of the application review process. CARRIED CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. - 19 - 4-19 General Purpose and Administration Committee Minutes July 11, 2011 ADJOURNMENT Resolution #GPA-524-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the meeting adjourn at 4:44 p.m. CARRIED MAYOR DEPUTY CLERK - 20 - 4-20 DRAFT LIST OF DELEGATIONS GPA Meeting: September 12, 2011 (a) Cathy Clarke, Regarding-Report PSD-072-11, Expiry Dates for Draft Approval of Plans of Subdivision (b) Kim McDonald, Regarding Pigeons as Governed by Exotic Pet By-law (c) Jim Richards, Regarding Energy from Waste and Council's Lack of Action (d) Anne Marie Marchetti, Regarding Report PSD-072-11, Expiry Dates for Draft Approval of Plans of Subdivision (18T-95030) 6-1 PUBLIC MEETING REPORT#PSD-067-11 672003 ONTARIO LIMITED (ADALAN DEVELOPMENT) NOTICE OF COMPLETE APPLICATION Leaat„gt,,e��ay AND PUBLIC MEETING The Municipality of Clarington has received a "complete application for a proposed Official Plan Amendment. APPLICANT: 672003 Ontario Limited (Adalan Development Corporation). PROPERTY: North East corner of Clarington Boulevard and Stevens Road, as shown on reverse. APPLICATION: The proposed .Official Plan Amendment would facilitate a Medium Density development by re-designating the lands from "Community Facility” to "Medium Density Residential" in the Bowmanville West Town Centre Secondary Plan. The proposed amendment would also increase the population and medium density housing targets. FILE NO.: COPA-2011-0005(X-REF: OPA/99-01) A Public Meeting to receive input on the application will be held on: DATE: Monday,September 12,2011 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario Additional information relating to the application is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department;3rd Floor,' 40 Temperance Street, Bowmanville; Ontario L1 C 3A6, or by calling Tracey Webster (905) 623-3379, extension 2415.or by e-mail at twebster(@-clarington.net. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, September 19, 2011, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by noon on Wednesday September 14, 2011 to have your name appear on the Agenda. If you wish to be notified of the adoption of the proposed official plan amendment, or of the refusal of a request to amend the official plan, you must make a written request to the Municipality of Clarington, Planning Services Department. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington, Planning Services Department before the proposed official plan amendment is adopted, the person or public body: i) is not entitled to appeal the decision of Clarington Council to.the Ontario Municipal Board,and ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at the Municipality of Clarington this .30th day of July 2011. David J.Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 Cc: LIDO . 7-1 8 a+ ( CL ro s d (D ® ° C. �n CD C a IL 'd ® J C. C,4 A o CL 0 o C OATS NOIE)NINVIO J U) Z w W 6- 7-2 PUBLIC MEETING o , to] REPORT# PSD-068-11 NOTICE F COMPL STEPHEN SELBY Leading the YYay ANC � The Municipality of Clarington has received a Complete Application for a proposed Zoning By-law Amendment. APPLICANT: Stephen Selby PROPERTY: 3431 Gibson Road, Part of Lot 34, Concession 3, Former Township of Clarke PROPOSAL: To rezone lands from Agricultural Exception (A-1) Zone to Agricultural Exception (A-81) to prohibit new residential uses on the retained parcel. FILE NO.: ZBA 2011-0025 A Public Meeting to receive input on the application will be held on: DATE: Monday, September 12, 2011 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario Additional information relating to the application is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Nicole Granzotto (905) 623-3379, extension 2419 or by e-mail at ngranzottoOclarington.net. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, September 19, 2011, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by noon on Wednesday, September 14, 2011 to have your name appear on the Agenda. APPEAL If a person or public body does not make oral submissions at a public. meeting or make written submissions to the Municipality of Clarington, Planning Services Department before the by-law is passed, the person or public body: i) is not entitled.to appeal the decision of Clarington Council to the Ontario Municipal Board, and ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at the Municipality of Clarington this 12th day of August 2011. David J. Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1C 3A6 Cc: LDO 7-3 — I I I A'no;l�N os G/BSON ROAD (O�iq/no/ Rood A%orrooce fTe!:ree.t lols ,:4 and 39) PAY GIBSON ROAD we.q _ 81.90 --ry I 1 q 1 M ti � y}{ _ N20b3Y8"W jOT V 9 � t I Z /0 I 3 IF Z PH K dr o•, NeX,9a—Ti' -IN 16650—0975 PUN "OR 218 �`p 3 3 LOT 33 CONCESSION 3 j Z O ® (D o O 2 N .N C f W (D 0 P' �i 0 � N � rt 90 > ; ' ® o � -ft 0 C 0 CD (n i I 7-4 i Clarington REPORT PLANNING PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: Report#: PSD-067-11 File #:COPA 2011-0005 Subject: TO REDESIGNATE THE PROPERTY TO PERMIT A MEDIUM DENSITY RESIDENTIAL DEVELOPMENT APPLICANT: 672003 ONTARIO LIMITED (ADALAN DEVELOPMENT CORPORATION) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-067-11 be received; 2. THAT Staff continue to process the application to amend the Clarington Official Plan COPA2011-0005, submitted by 672003 Ontario Limited (Adalan Development Corporation); and 3. THAT all interested parties listed in Report PSD-067-11 and any delegations be advised of Council's decision. Submitted by: �' �--' Reviewed by: Da id YCrome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer TW/CP/df 24 August 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T 905-623-3379 8-1 REPORT NO.: PSD-067-11 Page 2 1. APPLICATION DETAILS 1.1 Applicant/ Owner: 672003 Ontario Limited (Adalan Development Corporation) 1.2 Clarington Official Plan Amendment: • Amend Map H2 by.changing the population of the West Town Centre from 4300 to 4450. • Amend Table 9-2 by increasing the housing target of the Bowmanville West Town Centre Neighbourhood as follows: i. 350 medium density units to 400; and ii. Amend all corresponding totals. 1 .3 Area: 0.93 hectares 1.4 Location: North East corner of Clarington Boulevard and Stevens Road, Bowmanville (Attachment 1). 2. BACKGROUND 2.1 On June 30, 2011 , 672003 Ontario Limited (Adalan Development Corporation) submitted an application to amend the Clarington Official Plan to permit 50 additional medium density units within the Bowmanville West Town Centre on the subject lands. The application was deemed complete on July 15, 2011 upon completion of outstanding sections of the application form. 2.2 The application is similar to application COPA2007-0012 which was approved on the property immediately east of the subject lands, in June 2008 as Amendment No. 62 to the Clarington Official Plan. COPA2007-0012 stemmed from a Council Resolution in June 2007, where an agreement was reached to purchase lands from 821013 Ontario Limited (William Tonno Construction Limited) for the extension of Stevens Road. In exchange Council expressed its intent to approve an amendment to the Official Plan to designate the lands for residential purposes. When COPA2007-0012 was dealt with, Staff attempted to contact the owner of the lands subject to the current application unsuccessfully. Therefore these lands were not re-designated similar to the surrounding lands. 2.3 The applicant has submitted a Planning Rationale in support of the application. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is a vacant, flat parcel of land. 8-2 REPORT NO.: PS®-067-11 Page 3 3.2 The surrounding uses are as follows: North - Brookhill Tributary, rural residential, agricultural crops South - Commercial (Clarington Place Cinemas) and recreational (Baseball diamonds associated with Garnet B. Rickard Recreation Complex); East - Vacant land, Regional Road 57, and estate residential; and West - Clarington Boulevard, and Clarington Central Secondary School. 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement 4.1.1 The Provincial Policy Statement encourages planning authorities to create healthy liveable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. 4.1.2 Policy related to Settlement Areas, states that new development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. 4.1.3 The Housing Policies, state that Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated. New housing is to be directed to locations where infrastructure and public services are or will be available. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the,regional market area. 4.1.4 Infrastructure and public service facilities shall be provided in a coordinated efficient and cost effective manner. Planning for these shall be integrated with planning for growth so that they are available to meet current and projected needs. The use of existing infrastructure and public service facilities should be optimized where feasible before considering developing new infrastructure and public service facilities. Transportation systems should be provided which are safe, energy efficient, facilitate the movement of people and goods, and are appropriate to address projected needs. A land use pattern, density and mix of uses should be provided that minimize the length and number of vehicle trips and support the development of viable choices and plans for public transit. 4.1.5 The application is consistent with the 2005 Provincial Policy Statement as it is proposing the development of medium density housing. The subject lands are adjacent to the existing built-up area and will make use of existing infrastructure and public service facilities. 4.2 Provincial Growth Plan 4.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit-supportive communities in designated greenfield areas and by reducing 8-3 REPORT NO.: PSD-067-11 Page 4 dependence on the automobile through the development of mixed use, pedestrian- friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. Municipalities should establish an urban open space system within built up areas which may include communal courtyards and public parks. The Provincial Growth Plan has set a minimum density target that is not less than 50 residents per hectare in the designated Greenfield area. This proposal exceeds this minimum requirement. The application would appear to conform to the Provincial Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan Within the Durham Regional Official Plan, the lands are designated as Main Central Area. This designation encourages the creation of people oriented places, a concentration of activities and the highest densities within urban areas. 5.2 Clarington Official Plan Within the Clarington Official Plan, the subject lands are designated as "Town Centre". "Town Centres" shall be developed as the main concentrations of urban activity and provide a fully integrated array of retail and personal service, office, residential, cultural and community recreational and institutional uses. Map C identifies Significant Valley Lands associated with a Brookhill Tributary adjacent to the subject lands. Lands within or adjacent to a feature identified on Map `C' are required to undergo an Environmental Impact Study prior to development. Map 'B' identifies Stevens Road as a Collector Road. 5.2.1 The subject site is within the Bowmanville West "Town Centre" Secondary Plan. The subject lands are designated as "Community Facility". The objectives of the Secondary Plan are to provide for housing opportunities at medium and high densities to meet the changing housing requirements in Clarington. The Secondary Plan also requires a connected grid of public and private streets to enhance movement and access, options to reduce congestion and improve emergency access. 5.2.2 The West Town Centre has a population allocation of 4300 and a housing target of 1850, being 350 medium density units and 1500 high density units. The Official Plan amendment proposes to increase the housing target by 50 medium density units, to 400 units. This provides a density of 54 units per hectare, on the subject lands, which is consistent with the medium density range specified in the Official Plan. 8-4 REPORT NO.: PSD-067-11 Page 5 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone and Environmental Protection (EP) Zone, recognizing the Brookhill Tributary. In order for development to proceed on these lands an application for rezoning is required. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject property. A Public Notice sign was posted on the Clarington Boulevard and Stevens Road frontages. 7.2 As of the date of writing this report, there have been no inquires. 8. AGENCY COMMENTS 8.1 The application for the Official Plan Amendment was circulated to various agencies and for comment. As of writing this report, no comments have been received by agencies. 9. STAFF COMMENTS 9.1 In March, 2006, Council approved Amendments 43 and 44 to the Clarington Official Plan for the implementation of the recommendations of the Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review. As part of the review, Totten Sims Hubicki provided Transportation recommendations which, among other things, recommended the extension of Stevens Road, between Regional Road 57 and Green Road. The Stevens Road extension was proposed as a Durham Highway 2 bi-pass to serve the proposed commercial development within the Bowmanville Town Centre. The result of Stevens Road is an improved grid road pattern to facilitate traffic movement. 9.2 The Stevens Road Extension is generally located on the unopened Concession 2 road allowance. However, a portion of the skateboard park is located on the road allowance. To avoid the cost of relocating the skateboard park and to save a number of mature trees growing on a section of the unopened road allowance, it was necessary to relocate a portion of the proposed alignment to the north. The relocation required the acquisition of land from the owner to the north, 821013 Ontario Limited (William Tonno Construction Ltd). 9.3 In consideration of the land acquisition from 821013 Ontario Limited (William Tonno Construction Ltd) for Stevens Road, and the fact that the Municipality had acquired 24 ha of land on the south side of Baseline Road for Community facilities, it was decided that the Municipality would not pursue the size of Community Park originally proposed north of the Garnet B. Rickard Recreation Complex. As such, the Municipality agreed to support an application to redesignate a portion of the Tonno lands from Community Facility to Medium density residential. 9.4 In order for development to proceed on these lands an application for rezoning and site plan approval is required. The applicant has not advised staff when they wish to 8-5 REPORT NO.: PSD-067®11 Page 6 proceed with the further development of these lands and have not provided details for the site. 9.5 As noted in Section 2, the Owner of the lands subject to the current application did not express an interest in the Tonno Official Plan Amendment and attempts to contact them directly were unsuccessful. The current application will redesignate a small area within the Town Centre designated Community Facility, but not connected to the municipal park. 9.6 Clarington Operations Services, Clarington Community Services, Clarington Emergency Services and Clarington Engineering Services offered no objection to the proposed Official Plan amendment. Clarington Engineering Services provided comments that must be satisfied as part of site plan approval. The comments will be provided to the applicant to be addressed as part of the future development on the subject lands. 10. CONCURRENCE: Not Applicable 11. CONCLUSION 11.1 The purpose of this report is to satisfy the requirements under the Public Meeting under the Planning Act, and taking into consideration the outstanding comments, Staff respectfully request that this report be referred back to staff for processing and the preparation of a subsequent report. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Tracey Webster, Senior Planner Attachments: Attachment 1 - Key Map Attachment 2 - Official Plan Amendment List of interested parties to be advised of Council's decision: Dana Gilbert, Planning Project Manager, Sernas Associates James Reininger, Adalan Development Corporation 8-6 Attachment 1 To Report PSD-067-11 c -a Q as o o c CO g o Q M _� c _ C � r a M ,� r iL o .�v O N o v p J a 0 O o 0 C14 0 a � 3 U o QAlS NOIDNIUV IO 0 m z LU w H CO 847 Attachment 2 To Report PSD-067-11 AMENDMENT NO. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Municipality of Clarington Official Plan is to re-designate the existing "Community Facility" designation with "Medium Density Residential" north of Stevens Road and directly east of Clarington Boulevard in the Bowmanville West Town Centre Secondary Plan and to increase the. population and medium housing density housing target for the Bowmanville "West Town Centre" neighbourhood in the Municipality of Clarington Official Plan. LOCATION: The subject site is located north of Stevens Road, east of Clarington Boulevard, in Bowmanville, within Part of Lot 16, Concession 2, in the Municipality of Clarington. BASIS: This amendment is based upon an Official Plan Amendment application filed by 672003 Ontario Limited, which seeks to re-designate the existing Community Facility designation as Medium Density Residential. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: 1) By amending Map H2, as indicated on Exhibit "A" attached to this amendment as follows: changing the population of the West Town Centre from 4300 to 4450; and 2) By amending Table 9-2 as indicated by: a. Adjusting the housing targets for the Bowmanville West Town Centre Neighbourhood (N2) as follows: ® Housing Units Medium from "350" to "400" Total from "1850" to "1900" b. Adjusting the Total Bowmanville Housing Target from "23325" to "23375"; and c. Adjusting the Total Medium Density Housing Units from "5225" to "5275". The appropriate lines o Table 9-2 read as follows: Table 9-2 Housing Targets by Neighbourhoods Urban Area Housin Units Neighbourhoods Low Medium — High Intensification Total Bowmanville 0 400 1500 0 1900 West Town Centre Total 13075 5300 3225 1800 23400 8-8 3) By amending the Bowmanville West Town Centre Secondary Plan as shown on Exhibit "B" attached hereto and forming part of the Amendment. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. 8-9 < o d z } W w H LU WZ o �� = 2 S O tQ d O Z< O O Q d 'Oi ® mom cu� o .0 `— °� o �' a 'To Z �pz aW ° o o z �o '2o �w EE w > > m pW v j w ,� M-U <t w 0O OU) C,to C ti. 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(2000) 1 2 1 T CENTRE CEWRE YIN (36 ) SEY DARUNGTON (43?) 1 GREEN (32x6) i WAV RLY 1 3tEf6) 1.3 (4z II R W 3 I (+7 M010RAL 1 z ( 00) i I BASELINE ROAD i 1 POPULATION FROM Y ¢Dr nl 4300 TO 4450 1 15 z ORT QARLIN ' (3200) 1 1 1-4KC ONrXRio MAP H2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON I JANUARY 1. 2010 - URBAN BOUNDARY ! NEIGHBOURHOOD BOUNDARY REFER TO SECTIONS 5 AND 9 (1000) POPULATION ��ESOEUt(T�S�QUESTEO M�DDIFr�AT10�t COW EN[PE�us EXHIBIT"A" AMENDMENT NO. MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP Fit; NEIGHBOURHOOD PLANNING UNITS, BOWMANVILLE URBAN AREA 8-11 Clarbgton REPORT PLANNING SERVICES PUBLIC TI Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: Report #: PSD-068-11 File #:ZBA 2011-0025 (X-Ref#: LD2011-046) Subject: TO PERMIT REZONING OF A FARM PROPERTY TO PROHIBIT RESIDENTIAL USES APPLICANT: STEPHEN SELBY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-068-11 be received; 2. THAT provided there are no significant issues raised at the public meeting, the application to amend Zoning By-law 84-63 to facilitate the severance of a surplus farm dwelling be approved and that the attached Zoning By-law Amendment (Attachment 1) be adopted by Council; 3. THAT the Region of Durham and the Durham Region Land Division Committee be forwarded a copy of Report PSD-068-11 and Council's decision; and 4. THAT all interested parties listed in Report PSD-068-11 and any delegations be advised of Council's decision. Submitted by: I ` � � -- Reviewed b : Y Y David J'Crome, MCIP, RPP ranklin Wu, Director of Planning Services Chief Administrative Officer NG/CS/df/ah 31 August 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-12 REPORT NO.: PSD-068-11 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Stephen Selby 1.2 Owner: Stephen and Patti Selby 1.3 Proposal: The Applicant proposes to rezone 13.6 hectare of farm land from "Agricultural Exception (A-1) Zone" to "Agriculture Exception (A-81) Zone" to prohibit residential uses. The rezoning will support a concurrent application to the Land Division Committee to sever a surplus farm dwelling and merge the retained agricultural land with the abutting farm property. 1.4 Area: 13.6 hectares 1.5 Location: Part Lot 34, Concession 3, Former Township of Clarke, 3431 Gibson Road 2. BACKGROUND 2.1 On July 25th, 2011, Stephen Selby submitted an application to rezone 13.6 ha (33.7 acres) of farmland as a condition of approval by the Durham Region Land Division Committee to sever a surplus farm dwelling. The rezoning would prohibit residential uses on the remnant parcel created by the severance. 2.2 Mr. Selby's farming operation is comprised of about 350 ha and consists of corn, soybeans and a dehydration operation. Mr Selby's plans are to merge the severed parcel with the abutting 55.4 ha farm property to the east of the subject lands, creating a 69 ha agricultural parcel. The proposal will provide access to Gibson Road, which will assist him in reaching his other agricultural lands on the west side of Gibson Road. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property to be rezoned is vacant agricultural land. The proposed surplus dwelling is centrally located along the west side of the 13.6 ha farm property and has access via Gibson Road. A cold water stream runs to the northwest of the subject lands. 3.2 A farm north of the subject lands consists of a detached dwelling and poultry barns. The abutting Selby farm parcel to the east along Pollard Road consists of a single detached dwelling and associated farm buildings. 8-13 REPORT NO.: PSD-068-11 PAGE 3 fi�F'.."5'�'s:.-# ' lE �"k�a. c i'�c `'-.y' S �' t�i� '.'�, �.""9� { r�• 53 ha sz�. ���s' r`t .� '. �,,.-.. >-13 1 , 11 -. i �"'".'.t �t�r � J# 5�� �&-„P;,x y. �,a� ;,�{, �k..L,;. €k � ,. s v• =4AY7 "R;Ps 3 �' t q� 54 xi �.�`rz r& # c "sx`- rtt` 7� " lsnm ;..�'.x-' �'€. . '".>fk� t"�';. 'Tom;" ,t { '�' .� �c " x p x` s ",�, {,'` �S.E`�`, , ! c t tr x a mJx.` zxg r lir °� Poulhy barns " , °;' I rf; Of iog , Selby land*.. s �i �.t r < o " to be meryecl f t X5 1 3 c °f i ? ,� �p ' x2 ; ti x air` �'' w r with subject * 3 �- lands 55.4 ha i hr �rt2+ h a: Subject lands t Surplus farm f y 13.6 ha dwelling 0.4 ha -' # 3"a' p F h JX i -Ml TO- r � u f s a t Fg $�s*,,J'+<4 g < �i+1r,�xu ys k t S # s LC rx � � a`�r�-''S,-z y*#`a✓� � 333�. * ,rr>.J3 '*� j � 3 R�; � jx Xi I'T st x F j - .."'' •�.-.. .� t § y ,"".. a =7rF s _`' S 4 i.ir pmt �yr�fy�} fir' ay s s '�,x-�x' a �,,T r,yr ,N WM N , - jTi�gk Jy:� " a f- i e1x S c,7.. i 2 - i q e x t ari n� � aap:11; &° t�j; 7 #�M"5� ���J� � € � �� " �+ S t°'s x i1.14 '�a 4 "'45,2 W 1 .F J t,� 9,� •�* < rS o f 31p�' 3 "44� ��'."� ;b ,tad�',4ts��s i �j'�,?�j��i� �''�`7'�xt+"f�'"` ?a;n�;p��e„ _s•�'.. 71�,;.," 5 <�,.t.,r ;t�t ,'s t�s � .,�'_-'E�{.s�T�i.��,�_.1�..:. View of existing surplus residential dwelling and abutting lands 8-14 REPORT NO.: PSD-068-11 PAGE 4 3.3 The surrounding uses are as follows: North - Agricultural South - Agricultural, Rural Residential East - Agricultural West - Agricultural 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term agricultural uses. The PPS also permits lot creation for a residence surplus to a farming operation as a result of a farm consolidation, provided that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. New land uses in rural areas, including the creation of lots, shall comply with the Minimum Distance Separation Formula (MDS). The poultry barns to the north of the subject property are not taken into consideration in situations where the dwelling deemed surplus is already in existence and located on a lot separate from the'poultry barn. The potential odour conflict is already considered present between the neighbouring livestock facility and the existing dwelling. The application complies with MDS Formula and conforms to the Provincial Policy Statement. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the property as "Prime Agricultural Area." The Plan encourages the consolidation of agricultural parcels of land, wherever possible. The severance of a dwelling rendered surplus as a result of consolidation of abutting farms may be granted, provided that: ® the farms are merged into a single parcel; ® the dwelling is not needed for a farm employee; and ® the retained farm parcel is zoned to prohibit any further severances and the establishment of any residential dwelling. As part of the condition for the severance, the 13.6 ha parcel is to be rezoned to prohibit the establishment of any residential dwelling. The applicant is proposing to rezone the subject lands to an "Agricultural Exception (A-81) Zone" which prohibits residential uses. The application conforms to the Durham Region Official Plan. 8--15 REPORT NO.: PSD-068-11 PAGE 5 5.2 Clarington Official Plan The Clarington Official Plan designates the property as "Prime Agricultural Area." The severance of a dwelling which is rendered surplus as a result of the consolidation of abutting farms may be permitted subject to the following criteria: • the farms are merged into a single parcel; • the dwelling to be severed is not required for farm employees; and • the surplus dwelling lot is generally less than 0.6 ha. The rezoning application would facilitate the consolidation of abutting farm land and severance of a surplus dwelling. The Municipality generally encourages the consolidation of farms wherever possible. The subject application meets the intent of the Official Plan. 6. ZONING BY-LAW 6.1 In Zoning By-law 84-63 the subject lands are zoned "Agricultural Exception (A-1) Zone." The proposed zone for the severed portion of the lot is "Agricultural Exception (A-81) Zone," which only allows for non-residential uses set out in Section 6.4.1 b) of the By- law. Section 6.4.1 b) of the By-law gives a list of non-residential uses: • cemeteries and places of worship which existed prior to the date of the passing of this by-law; • conservation and forestry; • a farm; • a wayside pit or quarry in accordance with the provisions of The Pits and Quarries Control Act, as amended; and • private kennel accessory to a permitted use. The proposed Zoning By-law Amendment would therefore prohibit any residential uses on the property and will fulfil the conditions imposed by the Durham Region Land Division Committee. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Public meeting signs were installed on the property by August 23rd, 2011. No inquiries on the application were received from the public at the time of the writing of this report. 8-16 REPORT NO.: PSD-068-11 PAGE 6 8. AGENCY COMMENTS 8.1 The application and supporting documentation was circulated to the Region of Durham Planning Department for review and comment. The Department has no objection to the above proposal. 9. STAFF COMMENTS 9.1 The Durham Region Official Plan prohibits the creation of new lots less than 40 ha in agricultural areas. The applicant owns a number of agricultural lands in proximity to the subject lands. Of concern is the 53 ha property abutting the lands to the north of 3130 Pollard Road, which has the potential to be merged with the 13.6 ha parcel and 55.4 ha parcel. Should the applicant decide to combine all three lots, the total area would be 121.6 ha. At 40 ha in size for each new lot, the applicant has the potential to create 3 new lots from the 121.6 ha parcel. Rezoning the 13.6 ha parcel to an Agricultural Exception (A-81) Zone will prevent any residential development and future severances. 9.2 The subject application has been reviewed under the Provincial Policy Statement, the Durham Region Official Plan, the Municipality of Clarington Official Plan and the Municipality of Clarington Zoning By-law. The rezoning of the subject lands has the effect of reducing fragmentation of rural parcels and has the ability to increase the viability of the farming operation. 9.3 The Clarington Building Division, Engineering Services, Emergency and Fire Services, and Operations Department, have no objections or concerns with the application. 9.4 The Finance Department has advised that all taxes have been paid. 10. CONCURRENCE: Not applicable 11. CONCLUSION 11.1 Provided there are no significant objections raised at the public meeting, it is recommended that the application to amend Zoning By-law 84-63 be APPROVED and that Council adopt the Zoning By-law Amendment attached hereto. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Nicole Granzotto, Junior Planner Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be notified of Council's decision: S 8_ phen Selby Attachment 1 To Report PSD-068-11 m o C U LO 00 o � a r _ c CO O N r Q = v 9i o N m J _ ` Q m U)' o N c c C M o 0 a M N Z `1 NOISSIONOO 22 101 s P1Z NO! 'NVY Z 1N6d m FLIO-OF991 NJ 't'..E TNxK<W�® if[Nf1[) J KuLY OtM) S f F S t f x I 2• � S; Ci. 2 Y I �V 1 I 1 I ' I i x„m,caozN ;,, 0 I I oo•ta —,� - >>sr'ccs GVMA NOS819 (5•£ P+�° dF si°7 i%aawjvp a�u°�ao//y Po°l� lcujfiiUJ 8 Attachment 2 To Report PSD-068-11 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 2011-0025; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows. 1. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1) Zone" to "Agricultural Exception(A-81) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-19 This is Schedule "A" to By-law 2011 ® , passed this day of , 2011 A.D. 0 N ® Zoning Change From"A-1"To"A-81" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk W O M CONCESSI ROAD 3 � � Of L CONCESSION -ROAD 4 z P W o, 01 a °a o O O z o N _ O a of g C CESSION STREET CONCESSION ROAD t a o W w C LARKE 0 ZBA 2011-0025 D Ji o N SCHEDULE 2 w' r� 8-GO i Lea ding the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: Report #: PSD-069-11 File #: ZBA2006-0031 Subject: APPLICATION FOR REMOVAL OF HOLDING 5720 SOLINA ROAD APPLICANT: ARNOT WOTTEN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-069-11 be received; 2. THAT the application submitted by Arnot Wotten to remove the Holding (H) symbol be approved; 3. THAT the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in Report PSD-069-11, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. ft ' Submitted by: Reviewed by: 9� � t David J. Crome, MCIP, RPP Franklin Wu Director of Planning Services Chief Administrative Officer ATS/CP/av/ah/df 11 August 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905) 623-0830 8-21 REPORT NO.: PSD-069-11 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Arnot Wotten 1.2 Location: Part Lot 25, Concession 5, former Township of Darlington (Attachment 1) 1.3 Rezoning: Removal of Holding (H) symbol from "Holding — Residential Hamlet ((H)RH" 2. BACKGROUND 2.1 On December 1, 2006, Staff received a request from Arnot Wotten for the removal of the Holding (H) symbol from the subject lands. The application was submitted concurrent with land division applications for three (3) hamlet residential lots. The creation of all three parcels has been approved by the Land Division Committee, the first in 2007 and the remaining two in 2010. 2.2 The Owner, Arnot Wotten, has met the requirements of the Land Division Committee's decision for the creation of the lots, including the conditions recommended by Clarington Planning. He is now selling the property known as 5720 Solina Road and there is a Holding (H) symbol on the lot. This Holding symbol prevents the issuance of a building permit until all municipal requirements have been satisfied. 3. COMMENTS 3.1 Policies within the Municipality of Clarington's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: • Services and municipal works; • Submission of technical studies; • Measures to mitigate the impact of development; • Execution of appropriate agreements; and/or • Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 3.2 The subject lot is located within the boundary of the Solina Hamlet and will front on Solina Road. The lot will be privately serviced by a well and septic system which is supported by a detailed hydrogeological study prepared by Gibson Associates. 3.3 A land division agreement has been executed and registered on title of the subject lands. The agreement includes all necessary measures to mitigate the impact of development. 3.4 The approval of a by-law to remove the holding symbol from the lands known as 5720 Solina Road is appropriate at this time, as the provisions within the Municipality's Official Plan have been satisfied. 8-22 REPORT NO.: PSD-068-11 PAGE 3 3.5 The Finance Department has indicated that all taxes have been paid for the subject lands. 4. RECOMMENDATION 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Taylor Scott Attachments: Attachment 1 — Key Map Attachment 2 — By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: Arnot Wotten 8-23 Attachment 1 To Report PSD-069-11 O O 0 0 ry CL C0 0 0 0 O ca N "> '> � E Ln c o � C) � ~ 0 0 �- o o c 6 N O N a V U) -0 (0 -a � 'O CV Q c� - 0) —J �] 3 U a)°) O) O N a O .0 n a N N w a L !n a O O O O a. U) = .0 = C N O U Q U O S GVO0 l VN OS Q 0 O U) w Z O U 3A Wa AGISIIIH 8-24 Attachment 2 To Report PSD-069-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend By-aw 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement LD 005/2007; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "8" to By-law 84-63, as amended, is hereby further_ amended by changing the zone designation from: "Holding—Residential Hamlet((H)RH)Zone"to`Residential Hamlet(RH)Zone" as illustrated on the attached Schedule"A" hereto. 2. Schedule"A"attached hereto shall form part of the By-law. 3, This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 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 8-25 This is the u le "A" to y-law 2011 . , passed this day of 011 0 D. 0 Q O z J ' O J�)a�>>a ia>>>ajJaaj�>>aa�a�J JjaaJ>��a,>»>>,JJa>>>ia ja»>,a,aiD Ja o?j>a>>a>J>>Jaa�aaaiiaaaJa aJaa»>> >�>�a�j�JJ aiJN,a�a�a�>�a���a>a),>�9�aJJ aa>>�>'>j>>aaJJ>�j)aaJJ>aJ>>aa iJ.Ua�ajja,aj�aaJa�a�ajj>,aj�a>ia.>Na >JJ>>»)a Ja a JJa a»a>aJ >,>>a>>aJJa J»aJ,aaJaaaJaa J>iaa>,,,a J>>aoJaJD a,JJ Jaa�a>,»J a>>J aJ)a>aNa�a�)�a�JJ aiaN>�>j))aaJJ>>i>>)a>7�Ja,aJJJ aJa�Ja>Jaaa,JaiiJ�>i a,>j�'+a,?Ji?a�a��,�>»'+a,ia>i>>>JJ aJ�a��aN�a>�>Ja>Ji Ja>�o'i oa��a>,aao aaoiiai�,iaaia.'�aaa>>;i,>i'ai�i>�>Ja»>iaiaaJiJia°aJ°�Ja�aNJ�a>�iaaa>>Ja�aoiJ> ® Zoning Change From"(H)RH"To"RH" aa3'�aa Zoning TO Remain"A-T' ® Zoning To Remain"(H)RH" Zoning To Remain"RH" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk I I I I limp I IM r S O LI NA zsA 2006-0031 SCHEDULER 8-26 C v a REPO'ST Iffmgmn PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: N/A Report #: PSD-070-11 File #: ROPA-2011-0004 Subject: APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN TO EXTEND MUNICIPAL SERVICES TO THE PROPOSED DURHAM REGIONAL POLICE SERVICE FACILITY APPLICANT: REGIONAL MUNICIPALITY OF DURHAM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-070-11 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality of Clarington has no objections with the approval of application ROPA-2011-0004, by the Region, provided that the Regional Municipality of Durham is satisfied that the application demonstrates compliance with all relevant provincial policies; 3. THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-070-11; and 4. THAT all interested parties listed in Report PSD-070-11 and any delegations be advised of Council's decision. Submitted by: 's ,/�, Reviewed by:(:L f Z_("`. D'vd/ . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer TW/CP/av/df 24 August 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-27 REPORT NO.: PSD-070-11 Page 2 1. APPLICATION DETAILS 1.1 Applicant: Durham Region Works Department on behalf of Durham Region Police Services 1.2 Owner: Regional Municipality of Durham 1.3 Proposal: To amend the Durham Regional Official Plan to permit the extension of water and sanitary sewer services outside of the Urban Area to serve the proposed Durham Regional Police Service facility. 1.4 Area; approximately 25 hectares 1.5 Location: 2046 Maple Grove Road; 2192, 2204, 2206 & 2210 Bloor Street; Part Lots 19 and 20, Concession 2, Former Township of Darlington. 2. BACKGROUND 2.1 On May 9, 2011, the Region of Durham submitted an application to amend the Durham Regional Official Plan. The purpose of the applications is to extend municipal watermain and sanitary sewer services outside the Bowmanville Urban Area boundary, along Regional Highway No. 2, to service the proposed Durham Regional Police Service facility in Clarington. The Durham Police Services facility is a public use and as a result the use of the land is not subject to either an Official Plan Amendment or Zoning By-law Amendment. The facility will contain four buildings. The 16th Division building will be on the east side of the site. A Forensic Identification Unit, a Centre of Investigative Excellence and a Warehouse will be constructed on the west side. The site is divided by a tributary of Darlington Creek which is proposed to be realigned by this proposal (see Attachment 1). 2.2 The Region of Durham held a public meeting on this application on June 14, 2011. Two residents attended and questioned if services were extended would they be required to connect. Regional staff advised that there would be no obligation for property owners to connect to municipal services. It was also indicated that properties on the north side of Regional Highway 2 would not be permitted to connect to services due to their location within the Greenbelt Plan. 2.3 The following studies were submitted in support of this application: • Environmental Impact Study Report; • Environmental Site Assessment reports; • Transportation Overview; • Functional Servicing and Floodplain Feasibility Analysis; • Stage 1 Archaeological Assessment Preliminary Report; 8­28 REPORT NO.: PSD-070-11 Page 3 • Preliminary Agricultural Impact Study; and • Planning Justification Report. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are comprised of a number of parcels of land at the southwest corner of Regional Highway 2 and Maple Grove Road. The lands are used for agriculture and the Darlington Creek and one of its tributaries and their associated valleylands pass through it. 3.2 The surrounding uses are as follows: North - Hamlet residential (Maple Grove) South - Rural residential and agricultural East - Hamlet residential, agricultural and commercial (Rekker's Greenhouse) West - Rural residential 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement indicates planning for infrastructure and public service facilities shall be integrated with planning for growth so that these are available to meet current and projected needs. Infrastructure and public service facilities should be strategically located to support the effective and efficient delivery of emergency management services. Planning for sewage and water services shall direct and accommodate expected growth in a manner that promotes the efficient use of existing municipal sewage services and municipal water services. These systems are to be provided in a manner that: • Can be sustained by the water resources upon which such services rely; • Is financially viable and complies with all regulatory requirements; and • Protects human health and the natural environment. 4.2 Provincial Growth Plan The Growth Plan contains a number of principles that provide the basis for guiding decisions on how land is developed, resources are managed and public dollars invested. One of the principles is to "Optimize the use of existing and new infrastructure to support growth in a compact efficient form." 8-29 REPORT NO.: PSD-070-11 Page 4 Development may be permitted in rural areas if it is related to the management or use of resources, resource-based recreational activities, and rural land uses that cannot be located in settlement areas. When constructing or expanding municipal water and wastewater systems the Growth Plan requires the following conditions to be met: • Strategies for water conservation and other water demand management initiatives are being implemented in the existing service area; and • Plans for expansion or for new services are to serve growth in a manner that supports achievement of the intensification target and density targets. Community infrastructure planning, land use planning and community infrastructure investment are to be co-ordinated to implement the Growth Plan. Planning for growth will take into account the availability and location of existing and planned community infrastructure so that community infrastructure can be provided efficiently and effectively. An appropriate range of community infrastructure should be planned to meet the needs resulting from population changes and to foster complete communities. Services planning, funding and delivery sectors are encouraged to develop a community infrastructure strategy to facilitate the co-ordination and planning of community infrastructure with land use, infrastructure and investment through a collaborative and consultative process. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as Major Open Space and Hamlet. Hamlets shall be the predominant location for residential and social, commercial and employment development serving the needs of the surrounding area. The predominant use of lands in the Major Open Space Areas shall be conservation, and a full range of agricultural, agricultural-related and secondary uses. Municipal facilities, including police stations, are encouraged to locate within Urban Areas, but shall be permitted in any designation, provided they are compatible with, and have minimal impacts on their surroundings. The extension of municipal services to rural areas is not permitted unless there is a serious health or environmental concern identified by the Region's Medical Officer of Health or other designated authority. 8-30 REPORT NO.: PSD-070-11 Page 5 The Environment policies require the completion of an environmental impact study to be completed as the site contains key natural heritage and hydrological features (stream and valleylands). 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Hamlet Residential, Green Space and Environmental Protection Area. The predominant use in Hamlets is for single detached residential dwellings. Other uses such as schools, community facilities, places of worship, general stores, service stations, and farm-related commercial uses which are compatible with the surrounding area are permitted. Green Space lands are for conservation and active or passive recreational uses, agriculture, and farm-related uses. Environmental Protection Areas recognize natural environment components. An Environmental Impact Study is required as the site contains significant valleylands and a tributary of Darlington Creek as identified on Schedule "C" — Natural Heritage System. Community Facilities, including police stations, are encouraged to locate in urban areas and hamlets to enable easy accessibility by the majority of the population and, where possible, to utilize full municipal services. Community facilities are subject to the policies of the land use designations where these facilities are located. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" and "Residential Hamlet (RH)". The Section 3.18 Public Uses of the General Provisions of Zoning By- law 84-63 permits public services provided by all levels of Government to be located within any zone category. 7. SUMMARY OF BACKGROUND STUDIES 7.1 Environmental Impact Study Report The Environmental Impact Study Report recommended the following mitigation measures for the proposed development: • Provide infiltration from the rooftops and landscaped areas to offset reductions to groundwater recharge created by the development. This would provide a 'balance' with respect to maintaining groundwater recharge for local well. • It was determined that Darlington Creek and its tributary had been straightened, likely due to agricultural activities. Through the proposed relocation of the creek 8-31 REPORT NO.: PSD-070-11 Page 6 tributary, it is recommended that the proposed design use natural channel design principles to replicate a natural meander. • The proposal involves grading works to remove a portion of the site from the floodplain. Design of these works to create the new stream corridor for Darlington Creek must satisfy CLOCA flood policies. • A small area of sugar maple forest at the northwest corner of the site provides an opportunity for enhancement. Wildlife habitat should be increased as a result of the restoration of Darlington Creek and the naturalization of the edges of the development. • Further survey for birds should be conducted to determine if the site provides a habitat for bobolink and other area-sensitive species. • Design considerations for Darlington Creek should incorporate habitat conditions for Rainbow Trout. • A 60 metre channel corridor for Darlington Creek is required. This includes a 30 metre natural vegetated riparian buffer on each side. 7.2 Environmental Site Assessment Reports Phase I and II Environmental Site Assessments were completed. Based on the findings of the Phase I, Phase II investigated the soil and groundwater condition in areas where storage tanks were present; and the soil quality of fill piles located at the southeast corner of the site. A General soil and groundwater condition for the site was also provided. It was determined that the subsurface soil and groundwater condition of the site meets the current MOE standards for the proposed use. An isolated exceedance of molybdenum was discovered in one of the groundwater samples. The Phase II report recommends that it may be prudent to conduct additional investigation to further assess the level of molybdenum. The MOE Standard was revised on July 1, 2011 which should be reviewed to determine if restoration or risk assessments are required. 7.3 Transportation Overview The transportation overview indicates that the proposed access configuration will meet the needs of the Project subject to select off-site road improvements that will be identified in a supplementary study. The primary public access is from Maple Grove Road. A direct access to the Forensic Identification Unit will be from Bloor and a direct access to Highway 2 will be provided in the second Phase of the Project and is intended for staff only. Road improvements required to mitigate potential traffic impacts associated with the project will be identified in a traffic impact study. It is anticipated that 1,200 parking spaces will be provided. The final requirements will be confirmed as detailed programming for the individual buildings is complete. The 8-32 REPORT NO.: PSD-070-11 Page 7 parking provided will be sufficient to ensure no `spill-over' of parking onto adjacent public streets or properties occurs. 7.4 Functional Servicinq and Floodplain Feasibility Analysis The analysis concluded that the site can be developed in a manner which will meet the requirements of Clarington, the Central Lake Ontario Conservation Authority and Durham Region. The analysis is conceptual in nature and can be used as a starting point during the final design stage. 7.5 Stage 1 Archaeological Assessment Preliminary Report The report recommended that a Stage 2 survey be completed prior to development. 7.6 Preliminary Agricultural Impact Study This study assumed that justification of the need for the site had been conducted by Durham Region Staff in order to fulfil the requirements of the Provincial Policy Statement. With that assumption, it was determined that although most of the subject lands have been classified as prime agricultural lands, there is little possibility of locating the DRPS complex on lower capability lands. Minimum Distance'Separation requirements impact the southwest corner of the property which is an area that will not have a building containing personnel working permanently. 7.7 Planning Justification Report The Planning Justification Report concluded that the proposal is compatible with the area and local context and will provide an efficient municipal facility. It states that it is well suited for municipal service facilities and community uses due to its proximity between Bowmanville and Courtice, and the proximity to existing municipal urban servicing. It also stated that the site is consistent with the policy direction established in the Provincial Policy Statement, the Greater Golden Horseshoe Growth Plan, the Durham Regional Official Plan, Municipality of Clarington Official Plan and Zoning By- law 84-63. The report justifies this location as appropriate because it provides sufficient land area, is in proximity to existing municipal services, is well positioned to service the Region and responds well to its immediate context. 8. STAFF COMMENTS 8.1 The proposal is a sprawling campus with four single storey buildings and 1200 parking spaces. It does not reflect the higher intensity development anticipated if the lands were to be part of an urban area along a major arterial road. The facility will serve a Region-wide need if the forensics centre is built in future phases. As for 16 Division Headquarters, it is well situated to provide services to both Courtice and Bowmanville which will contain the majority of the Clarington population. 8-33 REPORT NO.: PSD-070-11 Page 8 8.2 Both the Clarington Official Plan and Region of Durham Official Plan encourage municipal facilities including police stations to be located in urban areas. However, such a use is permitted in the rural area provided it is compatible with surrounding uses and has minimal impacts on its surroundings. As a result the Official Plan Amendment is not to permit the proposed police services facility, but rather to allow municipal services to be extended beyond the Bowmanville urban area boundary to these lands. 8.3 The Planning Justification Report submitted in support of the application stated that the proposal is consistent with the policy direction established in the Provincial Policy Statement and the Greater Golden Horseshoe Growth Plan. However, this document did not address key policies as they relate to the proposal. Discussion on the Provincial Policy Statement did not consider the policies regarding "Sewage and Water". When discussing the Growth Plan, policies on "Water and Wastewater" were not included. In considering a proposal to extend municipal services to a rural area, these policies should be addressed to determine conformity. 8.4 Due to security reasons, Regional staff has been unable to provide details on the site selection criteria or on other locations considered for the Durham Regional Police Services facility. Without this information, it is difficult for staff to conclude whether or not the proposal conforms with the Provincial Policy Statement and the Growth Plan Policies not discussed in the Planning Justification Report. 8.5 As it is the responsibility of Regional Planning Staff to implement Provincial policies, the following items detailed in the Provincial Policy Statement and the Growth Plan should be satisfied in order to make a positive recommendation on the application: ® The extension of services to the rural area for this development must be both justified and economical; ® The extension of services and the location of the facility will be provided in a coordinated, efficient and cost-effective manner; ® Consideration had been given to locating in an area with existing infrastructure; ® There were no reasonable locations that would avoid the development on prime agricultural lands; ® The expansion of services will serve growth in a manner that supports intensification and density targets; and ® Infrastructure planning and investment has been coordinated to implement the Growth Plan. 8.6 The Clarington Engineering Services, Clarington Operations Services and Clarington Emergency and Fire Services departments provided detailed design comments which will be provided to the applicant for consideration through the site plan approval process. 9. CONCURRENCE: Not applicable 8--34 REPORT NO.: PSD-070-11 Page 9 10. CONCLUSION 10.1 The Municipality of Clarington has no objections with the Regional approval of application ROPA-2011-0004, provided that the Regional Municipality of Durham is satisfied that the application demonstrates compliance with all relevant provincial policies. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Tracey Webster, Senior Planner Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Cliff Curtis, Commissioner of Public Works, Regional Municipality of Durham, Dave Simpson, Durham Region Police Service Thor Kotowycz, Regional Municipality of Durham Henry Tang, Regional Municipality of Durham Tania Whitehead Lynn Robinson Robert Burton Dave and Cathy Tonks Edward Oegema 8-35 Attachment 1 I Report PSD-070-11 aVMJ = N3389 0 O _ _ kc!,— M GVMJ 3noao-�—�.1 3ldVW `C� E 0 0 CL M is / ® CL �. v O GVMJ a��i lOH .v o ° . o CL w.0 0 0 O ' c a� o GMJ 3laNm r O C '� CL a� 3 a� L- < �� O n_ z c9 I it r,rj rj l_f i III lit {t � .� _,�,�C LTJlI1LtI].uL�nlTiiTlillIL�IBIIIILC(-'�'°; � S VOM 5Y0 M WAtER �I i t ( � �. a a Ca Ely W 8-36 Clarbgton REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law#: Report#: PSD-071-11 File #: COPA 2011-0002 and ZBA 2011-0007 Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT COMMERCIAL USE APPLICANT: NEWCASTLE (KING) DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully requested that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-071-11 be received; 2. THAT the application to amend the Clarington Official Plan (COPA 2011-0002) for a portion of the subject lands (45 North Street) from "Urban Residential" to "Village Centre" and "Street Related Commercial Area" be adopted as Amendment No. 81 to the Clarington Official Plan as shown in Attachment 3 and the necessary By-law contained in Attachment 4 be approved; 3. THAT the application to amend Zoning By-law 84-63 (ZBA 2011-0007) as shown in Attachment 5 be approved as follows: a) a portion of the subject lands (37 and 45 North Street) from "Environmental Protection (EP) Zone" and "Urban Residential Exception (R1-1) Zone" to "General Commercial Exception (C1-57) Zone" be approved, with a "Holding (H) Symbol; b) a portion of the subject lands (80, 92 and 100 King Avenue West) from "General Commercial Exception (C1-33) Zone" to "General Commercial Exception (C1-57) Zone"; 4. THAT a By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan approval has been granted, permanent easements for a laneway to access Mill Street have been granted, and the Municipality has received all required financial securities; and 5. THAT all interested parties listed in Report PSD-071-11 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 8-37 REPORT NO.: PSD-071 all PAGE 2 Submitted by: Reviewed by: D vi J Crome, RPP, MCIP Fran lin Wu, Director, Planning Services Chief Administrative Officer RP/COS/df/sn/ah September 1, 2011 8-38 REPORT NO.: PSD-071-11 PAGE 3 1. APPLICATION DETAILS 1.1 Applicant: Newcastle (King) Developments Inc. 1.2 Owners: Syvan Developments Limited, Yvonne Gilkes and Mildred Fisher 1.3 Official Plan: To re-designate a portion of the subject lands (45 North Street) from "Urban Residential" to "Village Centre" and "Street Related Commercial Area 1.4 Rezoning: To rezone the subject lands from "Environmental Protection (EP) Zone", "Urban Residential Exception (R1-1) Zone", "General Commercial Exception (C1-33) Zone" to "General Commercial Exception (C1-57) Zone" 1.5 Site Area: 0.85 hectares 1.6 Location: 37 and 45 North Street, Newcastle 80, 92 and 100 King Avenue West, Newcastle (See Key Map —Attachment 1) 2. BACKGROUND 2.1 On March 7, 2011, Newcastle (King) Developments Inc. submitted an application for an Official Plan Amendment and a Zoning By-law Amendment to permit an expanded parking and loading area along North Street in association with the development of a grocery store (supermarket). The application was deemed complete on March 28, 2011. 2.2 Five properties have been assembled in order to facilitate the development of the grocery store. They include 37 and 45 North Street and 80, 92 and 100 King Avenue West (see Photograph 1). 2.3 The applicant also submitted the following background studies in support of the applications: • Planning Justification Report prepared by Khaldoon Ahmad Planning & Urban Design updated on June, 2011 • Heritage Assessments prepared by Martindale Planning Services • Phase I Environmental Assessment prepared by Golder Associates • Geo-Technical Investigation Report prepared by Candec Engineering Consultants Inc. • Noise Analysis prepared by Valcoustics Canada Ltd. • Stormwater Management Report prepared by Bronte Engineering Limited updated on June, 2011 • Traffic Impact Study prepared by Paradigm Transportation Solutions Limited updated on June, 2011 8-39 REPORT NO.: PSD-071-11 PAGE 4 A copy of the proposed site plan drawings and all the relevant studies have been made available for public viewing on the Clarington website. 2.4 At the request of the Planning Services Department, the Applicant hosted a Community Open House on Wednesday, April 6, 2011 prior to the Statutory Public Meeting. A number of residents attended the Open House. A brief summary of their comments are provided in Section 8.of this report. 2.5 On May 9, 2011, the General Purpose and Administration Committee of Council held a Public Meeting in accordance with the requirements of the Planning Act. At that meeting comments were received from ten members of the public. A summary of these comments are provided in Section 8.1 of this report. 2.6 Following the Public Meeting, the Applicant hosted a second Community Open House on May 18, 2011, to provide residents another opportunity to comment on the proposal. A summary of these comments are provided in Section 8.2 of this report. 2.7 In order to provide the Applicant with the Municipal and the community expectations for the design of the site, a detailed list of urban design principles were provided to the Applicant by Planning Staff prior to their application submissions (Report PSD-039-11, Attachment 4 "Development Guidelines Checklist— Preliminary".). e• 'X " : " I• arm r r�' w �,?_y • rpS, j .i .tJ krkt Z50.1 1. WILMOT STREET i ` 3 t": 4i1 x3 '451 T k 2nr"'x W i k ''— �' a`� t ttt'''"' 2a .':..cif d4. 't�§Y^C`.� !! ••k zC (!y ;. L S �,' §t Ar.Yt d 4 r! 7T fk K<ING AUENUE WEST' �p r ZBA 2011-0007 Photograph 1:Aerial Photograph (2010) — Subject Site 2.8 Since the Community Open House on May 18, 2011, the Applicant has been revising the different studies, site plan, and building design in response to the public comments and agencies' requirements. 8-40 REPORT NO.: PSD-071-11 PAGE 5 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is located on the north side of King Avenue West and on the east side of North Street. The subject land is relatively flat having a number of mature trees along the northern limits of the site. The site has a total area of approximately 0.85 hectares (8,500 sq. m. /91,493 sq. ft.). Neighbourhood character and surrounding land uses: { ,t k t� e i` WG s w P4 Photograph 2. View of site, wifh 92 King Avenue West facing north (April 19, 2011) ij[cy Y t 3 Z Photograph 3: View of 45 and 37 North Street facing east(April 5, 2011) 3.2 The proposed development is within the main activity centre of Newcastle which has a unique main street and heritage character. The Newcastle Village Centre exhibits a built form that is comprised of several architectural styles and periods including Georgian, Victorian and Edwardian. Many of the buildings retain their original mixed- use character, combining commercial uses at street level with residential units above. The Newcastle Community Hall, a neo-Georgian style building which is designated under the Ontario Heritage Act, is considered the Village's most prominent landmark. 8-41 REPORT NO.: PS®-071-11 PAGE 6 The Newcastle Community Hall is located within close proximity (48 metres) of the subject lands and is within view of the subject site. 3.3 The following are the surrounding land uses: North: A low-density residential area with frontage on Wilmot Street. The backyards of these residences abut the subject site. There is an existing privacy fence separating the residential lots from the site which is approximately 1.80 metres in height. South: Across King Avenue West, two and three storey high mixed-use buildings. East: Commercial buildings (CIBC), the Newcastle Community Hall and a mixed-use plaza (50 Mill Street). West: Commercial buildings along King Avenue West and a low-density residential area along North Street. 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS): ® promotes settlement areas as the focus for growth; ® promotes efficient land use and development patterns to facilitate economic g rowth; ® supports the maintenance, and where possible, the enhancement of downtowns and main streets; and ® provides for an appropriate mix and range of employment to meet long term needs. The redevelopment of these lands for commercial uses will facilitate the continued vitality and viability of downtown Newcastle and the Village Centre in a manner consistent with the goals of the PPS. Based on the criteria listed above, this application is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Provincial Growth Plan promotes the creation of compact, complete communities that are transit supportive and pedestrian-friendly. Part of the intent of the Growth Plan is to direct development to existing serviced urban centres and encourage a compatible mixture of land uses within urban centres. A fundamental priority of the plan is to encourage intensification of underutilized urban lands to create vibrant communities where infrastructure exists to accommodate growth. "Complete" communities provide opportunities to both live and work. This development conforms to the Provincial Growth Plan. 8-42 REPORT NO.: PSD-071-11 PAGE 7 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan (DROP) designates the subject properties as "Regional Centre". Regional Centres shall function as places of symbolic and physical interest for the residents and shall provide identity to the area municipalities within which they are located. The DROP seeks to develop Regional Centres as the main concentrations of commercial, residential, cultural and government functions in a well designed and intensive land use form. 5.1.1 Regional Centres shall be developed having consideration for urban design that favours pedestrian traffic and public transit with direct street pedestrian access to buildings (Section 8A.1.2). All parking areas shall be located at the rear or within buildings wherever possible. In addition, prime consideration is to be given to the special distribution of structures, architectural treatment, and the preservation and enhancement of cultural resources. 5.1.2 A portion of the subject land (45 North Street) is designated "Urban Residential" and is located outside the limits of the Newcastle Village Centre Secondary Plan. Policy 8A.2.6 of the DROP indicates that prior to the consideration of the expansion of an existing Regional Centre, as detailed in an area municipal Official Plan, it shall be determined if the proposed development will negatively impact the planned function of the Regional Centre (Policy 8.3.9). The Applicant has submitted an addendum to the Planning Rational Report identifying that the proposed development will not negatively impact the planned function of the Regional Centre. The conclusion of the amendment to the Planning Rational Report is discussed in Section 9.2 of this report. 5.2 Clarington Official Plan 5.2.1 The Clarington Official Plan designates this site as "Village Centre" and "Urban .Residential". The majority of the site is located within the Newcastle Village Centre Secondary Plan and is designated "Street-Related Commercial Area". The Newcastle Village Centre is identified as the functional and symbolic centre of economic, social and cultural activity in Newcastle Village. The proposed grocery store is permitted within the "Street-Related Commercial Area" designation. 5.2.2 The buildings located at 37 North Street and 92 King Avenue West, are both identified as Heritage Merit Buildings within the Municipality's inventory of cultural heritage resources. The recommendations with regards to the heritage attributes of these properties are discussed in Section 9.6 of this report. 5.2.3 The Newcastle Village Centre Secondary Plan encourages the consolidation of smaller land parcels within "Street-Related Commercial" areas. In addition, the Secondary Plan encourages joint parking arrangements and the preservation, renovation and reuse of historic buildings wherever possible. This proposal represents the consolidation of five (5) properties. 8-43 REPORT NO.: PSD-071-11 PAGE 8 5.2.4 The Newcastle Village Centre Secondary Plan states that all new development or redevelopment of properties within the Village Centre will be designed in accordance with section 11.3 of the Newcastle Village Centre Secondary Plan and Sections 10.4.5 and 10.4.6 of the Official Plan. These sections provide policies, general urban design principles and site development criteria for development within Village Centres. These sections have been summarized into the following themes which are discussed in Section 10 of this report: Design Compatibility(Official Plan Section 10.4.5) Proposed developments shall complement the existing character of the Village Centre by using similar building materials, similar building massing, architecture, and by providing awnings, pedestrian-scale lighting, and street amenities such as benches. Buildinq Location & Streetscape (Official Plan Sectionsl0.4.5 and 10.4.6) Proposed buildings shall be street-front oriented and provide direct street access for pedestrians wherever possible. Building form and siting shall minimize the impacts of noise and shall enhance views.of landmark buildings and open space. Active street life is encouraged through the provision of street-related buildings, possible outdoor display and selling areas, as well as other amenities. Parking Areas and Landscape Treatment(Official Plan Sectionl0.4.6 and Newcastle Village Centre Secondary Plan Sectionl1.3) Parking areas should be sited to the side or rear of a development. Common vehicular access, parking areas and internal circulation, including service lanes connecting abutting properties, should be provided wherever possible. Where parking areas are sited across the road from residential uses, the proposal shall incorporate high quality landscaping/screening such as a low,wall and street trees to provide a sense of enclosure. Noise and Visual Impact Mitigation (Official Plan Sectionl0.4.6) Loading areas and refuse collection.shall be screened where necessary and shall generally be located at the side or the rear of the building; no open storage is permitted. Refuse collection areas shall be internal to buildings wherever possible and in all other situations, within separate buildings of similar design to the principal building. 5.3 Newcastle Community Improvement Plan 5.3.1 On April 21th, 2008, Council approved the Newcastle Village Community Improvement Plan (CIP). The goal of the CIP is to provide for and encourage public and private sector activities for the purpose of the enhancement, rehabilitation and redevelopment of the existing built environment of the Municipality (Section 1). The CIP states in Section 2.5 that construction of infill projects within the downtown should proceed in a manner that promotes and respects the community's built heritage. 8-44 REPORT NO.: PSD-071-11 PAGE 9 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP)", "General Commercial Exception (C1-33)" and "Urban Residential Exception (R1-1)". 6.2 The Applicant has requested an amendment to Zoning By-law 84-63 to rezone a portion of the subject lands (37 and 45 North Street) from "EP" and "R1-1" to a zoning consistent with the remainder of the site. This will permit an expanded parking area and loading area along North Street associated with the proposed grocery store. Within the current "C1-33" zone, a grocery store (supermarket) is a permitted use. -----.............-- _...----..._.....__....... WILMOT STREET l RI-29 R --.. -- z 45 � R44— p ---- 37 __-- C1-33 W C1 —�-- 7z KING AVENUE WEST C1 1 4 FC 3 C 9 ZBA 2011-0007 Map 1: Subject Site-Zoning By-law 84-63 6.3 The subject site has frontage on both King Avenue West and North Street. As part of the Zoning By-law Amendment requested, the Applicant is seeking to have King Avenue West identified as the front yard. This change is recognized on the proposed Zoning By-law, Attachment 5. 7. SUMMARY OF BACKGROUND STUDIES m 7.1 Planning Rationale Report This report provides an overview of the property and the surrounding area together with a review of relevant local, Regional and Provincial Planning documents. The report states that the proposal implements the vision of the relevant planning documents by intensifying under-utilized lands and introducing a compatible use that will service the 8-45 REPORT NO.: PS®-071-11 PAGE 10 current and future needs of Newcastle Village. The proposed grocery store will be designed in consideration of the urban design goals and objectives of the Village Centre. The report's author suggests that the proposal offers positive economic benefits through job creation, increased tax revenue, and downtown investment. 7.2 Heritage Assessment Reports Heritage Assessment Reports were submitted by the Applicant for the properties located at 37 North Street and 92 King Avenue West. Both reports recommend that the owner (not the applicant), consider having the existing buildings relocated to another lot in or near the Newcastle area. This recommendation was made on the assumption that a willing buyer could be found to bear the moving costs and that the move could be accomplished within a reasonable timeframe. 7.3 Phase 1 Environmental Site Assessment (ESA) and Geo-Technical Investigation Report The Phase 1 ESA indicated that the subject property previously housed a woodworking facility. Based on the data that was collated and given that no direct evidence of impairment of soil and groundwater conditions was observed at the site, it was concluded that the risk for the site was low. The Geo-Technical Investigation Report indicated that the sampling soil and groundwater that was carried out complies with the industrial/commercial criteria set out by Ministry of the Environment (MOE). 7.4 Noise Analysis The study recommended a sound barrier fence be constructed along the north property line and that acoustical enclosures be installed around the rooftop mechanical .structures. The Noise Study will be updated once the site plan and building design are completed. 7.5 Stormwater Management (SWM) Report The SWM Report indicated that the development of the proposed grocery store will increase the stormwater runoff from the site and increase pollutants generated on-site. The study recommends underground storage to restrict stormwater runoff. 7.6 Traffic Study The study recommended that the existing two-way stop control at the intersection of King Avenue West with North Street should remain in place. Both an eastbound left turn lane and a westbound left turn lane, each with 15 metres of storage, should be provided on King Avenue West at the North Street intersection. Refer to Sections 9.3 and 9.4 of this report for the Region's and the Municipality's review of this matter. 8-46 REPORT" NO.: PSD-071-11 PAGE 11 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 On May 9, 2011, the General Purpose and Administration Committee of Council held a Public Meeting in accordance with the requirements of the Planning Act. At that meeting, comments were received from ten members of the public. These comments expressed concern for: 0 The impact of the proposed development in close proximity to residential properties (e.g. Wilmot Street and North Street); 0 The compatibility of the proposed building design to nearby heritage properties along North Street and King Avenue West; 0 The functionality of the parking area to accommodate vehicular traffic; 0 The capacity of Wilmot Street, North Street and King Avenue West to accommodate future vehicular traffic; 0 The safety of pedestrians on Wilmot Street due to increased traffic and the lack of sidewalks; 0 Snow storage and snow removal to avoid flooding issues; 0 The visual impact from the Newcastle Community Hall's parkette; and 0 The lack of a pedestrian access to the building from King Avenue West. The public also voiced their support for the project based on the perceived benefits of having a new business located in the downtown core. 8.2 On April 6, 2011 and on May 18, 2011, the Applicant hosted Open House meetings at the Newcastle Community Hall to give the community the opportunity to provide comments on the Applicant's proposal. For the May 18, 2011 Open House, the Applicant presented revised drawings to the community incorporating brick for all fapades and a more elaborate exterior for the building design. The following list summarizes the inquiries and comments received: King Street Avenue West/North Street ® There is no vehicular entrance along King Avenue West which would mean that all traffic would have to access the site via North Street; ® Can the intersection of North Street and King Avenue West handle the increased traffic; and The lack of sidewalks on Wilmot Street will pose safety issues for pedestrians due to increased traffic. Safety, Noise and Privacy The privacy of the abutting residential properties along Wilmot Street and North Street will be impacted by the proposed development; 0 The two vehicle accesses on North Street are a safety concern; 0 The noise produced by shopping carts being put away, parking and the parking lot lighting will have a detrimental impact on the neighbouring residential properties; and 0 Noise generated by delivery trucks and garbage removal. 8-47 REPORT NO.: PSD-071-11 PAGE 12 Heritage Conservation ® This development will impact existing heritage properties such as the Lewis Wilmot House (51 North Street); ® The prevailing building designs in downtown Newcastle are two-storey brick buildings. The proposed building needs to be designed in such a way that it fits into the historic context of Newcastle Village; and ® The supermarket should be designed to not impact the views from the Newcastle Community Hall parkette. Site and Building Design ® The proposed building design is not accessible to pedestrians from King Avenue; ® The proposed building design does not add to the vitality of the downtown core and streetscape; ® The site should be designed to have a shared driveway with CIBC; ® The proposed site design does not take into consideration pedestrian connectivity with the residential neighbourhoods to the north and neighbourhoods on the south side of King Avenue West; and ® The need for additional screening /landscaping on North Street and north boundary of the site. 8.3 These matters will be further addressed in Section 10 of this report. The functional and site operational concerns will be addressed through the Site Plan approval process. 9. AGENCY COMMENTS 9.1 This application was circulated to a variety of Departments and agencies including the Durham Regional Planning Department, the Durham Regional Works Department, the Clarington Engineering Services Department and Ganaraska Region Conservation Authority. 9.2 The Regional Municipality of Durham, Planning Department initially advised the applicant is required to provide an analysis to confirm that the proposed development will not negatively impact the planned function of the Regional Centre. The applicant submitted an amendment to the Planning Rational Report dealing with this issue and Regional Staff are satisfied that the application will not have a negative impact to the function of the Regional Centre. An addendum to the geo-technical investigation report will be required to analyze the property with municipal address 45 North Street. An "Acknowledgement letter" indicating receipt of the Record of Site Condition RSC and that the site has not been selected for.audit shall be submitted to the satisfaction of the Regional Planning Department prior to the approval of the subject applications. This will be addressed by a condition in the Site Plan Agreement. 8-48 REPORT NO.: PSD-071-11 PAGE 13 9.3 The Durham Regional Works Department advised that they have issues with the proposed eastbound and westbound turn lanes at the intersection of King Avenue West and North Street, the proposed bus stop location and the conclusions of the traffic study. 9.4 The Clarington Engineering Services Department has no objection to the proposed Official Plan Amendment and rezoning of the subject lands, in principle. However, the Engineering Services Department continues to have concerns with the levels of service provided to all movements of southbound traffic at the intersection of King Ave. W. and North St. and the potential impact of the traffic patterns on the surrounding roadways. As well, the Engineering Services Department is concerned for pedestrian movement in the vicinity of this intersection as traffic increases as a result of this development. The Engineering Services Department is of the opinion that, in order for the development to proceed, traffic signals must be installed at this intersection in light.of the above safety- related issues. In consultation with the Region, traffic signals can be installed in this location. In consideration of the Region's Traffic Signal Installation Policy based on an estimated cost for the traffic signals of$200,000, the Region will pay 50%, the Municipality will pay 25% and the developer will pay 25% (to a maximum of $50,000). This cost sharing arrangement has been discussed with all parties, and the developer is agreeable to this cost sharing arrangement. Other external improvements (the cost of which will be the sole responsibility of the developer) include replacement of the sidewalks on King Ave. W. (across the frontage of the development) and the construction of sidewalks on the east side of North St. from King Ave. W., to the north limit of the development. 9.5 The Ganaraska Region Conservation Authority (GRCA) have advised that the northwest corner of 45 North Street is within their regulation limit. This is based on an offset from the flood plain, which occurs across the street. There are no issues or concerns with the flood plain affecting the subject lands or this development proposal. GRCA have advised that they have no objections to the proposed Official Plan Amendment or Zoning By-law Amendment. Other concerns with respect to stormwater management will be dealt with through the Site Plan process. 9.6 The heritage status and the relocation of the buildings located at 92 King Avenue West and 37 North Street were the subject of report PSD-042-11. Given the lack of significant architectural, historical or associative value of 92 King Avenue West, staff agreed with the owner's intention to demolish. The Heritage Assessment for the house located at 37 North Street did not provide sufficient justification to add the house to the Municipal Register. 9.7 The Clarington Heritage Committee (CHC) reviewed the development proposal at their regular meeting of April 19, 2011 and passed the following motion: "That the building incorporate the architectural design features of the existing heritage structures in the downtown core; 8-49 REPORT NO.: PSD-071-11 PAGE 14 That the facade of the building facing King Avenue West have the appearance of y an historic multi-unit commercial development with wood detailing on the first floor as in the building located at 101 ® 109 King Avenue West; That a pedestrian access be provided into the building from King Avenue West; That the building be constructed with an all brick exterior and architectural details such as quoins and cornicing; That the loading dock wall be constructed of brick; That the exterior walls that do not have windows incorporate public art such as murals and/or historical photographs that have an attachment to the community; and That the final elevation drawings be circulated to the Committee as part of the site plan approval process." Many of the concerns with respect to the development proposal will be dealt with through the site plan process. 9.8 The Clarington Accessibility Advisory Committee advised that another customer entrance door on King Avenue is preferred in order to accommodate persons who would be walking to the grocery store. Other concerns will be dealt with through the Site Plan approval process. 9.9 At the writing of this report, the Finance Department confirmed that taxes for the properties subject to this application have been paid. 10. STAFF COMMENTS 10.1 Expanding the Boundary of the Newcastle Village Centre The purpose of the amendment is to re-designate a portion of the subject lands (45 North Street) from Urban Residential Area to Village Centre and Street-Related Commercial Area to round out the existing Newcastle Village Centre. The proposed development will provide opportunity to increase the types of uses found within downtown Newcastle. The proposal achieves the Newcastle Village Centre Secondary Plan's goals of consolidating smaller land parcels in an attempt to efficiently utilize existing infrastructure and amenities. 10.2 Proposed Official Plan and Zoning By-law Amendments A grocery store (supermarket) is already permitted by the current Official Plan and Zoning By-law designations on the portion of the property which is not subject to these applications. The Official Plan and Zoning By-law amendments for 45 North Street will permit the update of the limit of the "EP" zone based on the revised mapping of the flood plain, a better function for the overall site and the provision of additional parking beyond the minimum requirements of the Zoning By-law. The Zoning By-law 8-50 REPORT, NO.: PSD-071-11 PAGE 15 amendment for 37 North Street will bring the existing zoning of this property into conformity with the current designation of the property within the Clarington Official Plan which is "Street Related Commercial". As the building and parking area are already located within the Regional Centre, Municipal Planning Staff are satisfied that the requested Official Plan Amendment represents a minor change to the Village Centre boundary and will not have any impact on.the function of the Village Centre. Furthermore, the proposal should serve to enhance the function of the Village Centre. 10.3 Removal of Heritage Identifications Given Council's endorsement of the recommendations in report PSD-042-11 with regards to the heritage attributes and relocation or demolition of the buildings located at 37 North Street and 92 King Avenue West, the identification of these two structures as heritage buildings will be removed from Map A, Land Use, Newcastle Village Centre Secondary Plan in conformity with recommendations of report PSD7042-11. 10.4 Compatibility with Residential Uses The location of the grocery store near residential properties has raised some compatibility concerns. Staff and the community have expressed that the proposed site layout and building need to be designed in such a way that fits into the existing context of Newcastle Village with measures such as: ® Building design to complement the existing character of the Village; ® Fence/Landscaping along north boundary adjacent to Wilmot Street properties; ® Landscaping/screening along North Street east side; and Newcastle Village Centre Secondary Plan states that where parking areas are sited across the road from residential uses, the proposal shall incorporate high quality landscaping/screening such as a low wall and street trees to provide a sense of enclosure. A landscaping strip along North Street will be required to accommodate sufficient landscaping/screening and a low decorative wall. Staff are working with the architect to ensure that the landscape requirements mitigate the impacts of the development for residents of North Street. Staff and the community have indicated the need for a suitable privacy fence along the northerly property line to mitigate noise and lighting from vehicles and shopping carts. A 1.8 m wooden fence is currently proposed. Any additional Site Plan and compatibility issues between the commercial and residential uses such as noise, refuse, landscaping, privacy fencing, parking, illumination and building design will be addressed through the Site Plan approval process. 8-51 REPORT NO.: PSD-071-11 PAGE 16 10.5 Compatibility with Downtown The site plan shows a building which has been sited as close as possible to King Avenue West and locates the parking area behind the building. The main customer entrance has been located on the east side of the building, approximately 24 metres from King Avenue West. A pedestrian connection from King Avenue West will be provided by way of a walkway along the east side of the building. The walkway will include bicycle racks and benches. A second customer entrance is located on the north side of the building providing direct access to the store from the parking area. Two characteristics of an active street life and a positive retail and commercial environment for pedestrians are: ® Direct street access for pedestrians; and ® Transparent glass windows to allow views into the businesses. The existing buildings along King Avenue promote an active street life experience by providing direct street access for pedestrians and transparent glass windows that allow views into the buildings at pedestrian level. Some of the businesses along King Avenue also have outdoor displays, selling areas and other amenities such as bicycle racks and benches that provide comfort and interest for pedestrians. The majority of the building fagades located near the proposed development such as House of All Nations, and Newcastle Community Hall have between 20% and 80% windows (transparent glass) at the pedestrian level. The current development proposal lacks direct street access into the business for pedestrians from King Avenue West and does not have transparent glass windows at the pedestrian level therefore not allowing views into the proposed business. The design of this building should complement the existing downtown character with the provision of sufficient amount of pedestrian level windows. These windows are even more important because a direct pedestrian access has not been provided. Staff will be seeking transparent glazing on the front fagade but the developer has not yet agreed to this due to the proposed internal layout of the store. This is an important issue to be resolved. The revised building design shows a one-storey, all-brick building with a light beige colour. The architecture captures some of the character of the Village Centre with building elements such as a parapet with faux windows, cornices, and awnings. The following design elements would assist in achieving a final building design which is compatible with the character of the Village: 8-52 REPORT NO.: PSD-071-11 PAGE 17 All facades to be constructed using a brown, burgundy or red palette to complement the predominant brick colours found in the Village Centre Heritage Buildings; An active commercial frontage along King Street Avenue West through the provision of transparent windows and display windows at street level; ® Recesses and projections in the building fagade which add depth and:character to the building design; A band of wood cornicing or decorative soldier course on the first floor; Areas for community murals (Public art) along north elevations; © Local, historical images could be incorporated into the building fagade; Heritage-signage designed to complement the store front; and Additional elements such as pedestrian-scale lighting, street furniture and landscaping should be of a design and scale that is reflective of the site's location within downtown Newcastle. 10.6 Parking Areas and Connecting Laneway The subject proposal intends to utilize the adjacent property to the east to provide a connecting laneway to Mill Street. This laneway access will need to be secured by means of permanent complimentary easements through the Durham Land Division Committee. 10.7 It is recommended that the zoning for the two properties along North Street (37 and 45 North Street, Newcastle) be approved with a Holding (H) Symbol until such a time as the Applicant has received site plan approval, permanent easements for a laneway to access Mill Street have been granted and the Municipality has received all required financial securities. 11. CONCURRENCE: Not applicable 12. CONCLUSIONS 12.1 The intent of the amendments is to round out the existing Newcastle Village Centre and to bring the zoning into conformity with the current designation of the Clarington Official Plan. It is staff's opinion that the proposed amendments to the Official Plan and Zoning By-law are appropriate and represent good planning. The proposed project will provide employment and economic stimulus, plus create and an alternative to families when deciding where to do their shopping. Once in the downtown, these shoppers will have the opportunity to visit other downtown businesses. 12.2 Taking into consideration all of the public and agency comments received, and based on a thorough review of the Applicant's proposal, it is respectfully recommended that: ® . the application to amend the Official Plan for a portion of the subject lands (45 North Street) from "Urban Residential Area" to "Village Centre" and "Street Related 8-53 REPORT NO.: PSD-071-11 PAGE 18 Commercial Area" be ADOPTED as Amendment No. 81 to the Clarington Official Plan; ® the application to amend Zoning By-law 84-63 be APPROVED; ® that a by-law lifting the Holding (H) Symbol be forwarded to Council once the conditions noted have been satisfied. 12.3 Staff will continue to work with the Applicant through the site plan approval process to ensure that the development complements the surrounding residential neighbourhood and historic downtown character. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Ruth Porras, Sr. Planner Attachments: Attachment 1 - Key Map Attachment 2 - Conceptual Site Plan and Elevations Attachment 3 - Official Plan Amendment Attachment 4 - By-law Attachment 5 - Zoning By-law List of interested parties to be advised of Council's decision: Newcastle (King) Developments Inc. Steven Coupland Syvan Developments Limited Joyce and Ron King Yvonne Gilkes Kevin and Darlene Hawes Mildred Fisher Sheila Patrick Lawson R. Gay Wendy Couch John Oates Hans and Barbara Colhourgen Terra and Perry Mucci Pat Thexton Roger Hardy Barry Carmichael Allan Kirby Nancy Mallette Bart Wysokinski Marjorie Caswell Kristina Stephanich Peter deJong Arnold Mostert Wylma Allin 8-54 REPORT NO.: PSD-071-11 PAGE 19 Barry Jones Narda Hoogkamp Heather Rutherford Bill and Ulva Calver Richard Jefferson Tenzin Gyaltsan Dorella Forget Steve Richmond Jack Gordon Myno VanDyke Betty Lou and Ron Locke Sue Green Valentine Lovekin Gail McKenzie Amos and Doreen Langley Derek Hannan D. Hickson Robert and Lorraine Forget Joyce Kufta 8-55 ATTACHMENT 1 TO REPORT PSD-071-11 �� a 3 3 3 SN3�Y36 � 133WSN3Atl38 y/ MT�IEH 4� �Rm ++ E Q d �wS�, Q N H;ON 33H1S 1W HWON133llSllV N 04133H14111W H 04133Y t( O ® E ® � o V N O /�� Fp5p0� ;3N1S H�Uf1113 ,ri O O o ® y Q FEME TT H1HON o 133tl1S H1404 133N1S NW.nIVe .o \V NV •� ca IIOJ IW3tl W 0- U O O 3 v 3 pfli � N =_ (, o N CL G. G V Q CL 0. I Z Z I � i I I --- I I --- i I I . I 1 _ I I I 1332l1S H1bON ATTACHMENT 2 TO REPORT PS D-071-1 A0Z J! R as MI H z 2 NELL, — , .......... ------------ -------------- .......... ............... FAA!Ill Hill .............. .................. 2.91 . ............ ............ ............— �Qt -5.70-4-6.0 --Arm 11 iiq .......... .......... 4 0 --- 01 ................. rc Lo .............. ......................... ............. 8-57 r rr r c a I'M f If A ¢¢ !AsEk && E3P ° yySS S £ ? f , $� 1 v �� n L n3 w fr �; W N 3 of a w ]�^' U A S.. W { Z 2¢ fl W r kn {pr r r r pr Z ffi x sttt� c k ( - Y 270-, gig zo LU 3 @ L _ N <n ED 44g L � 4 4 W 8-58 ATTACHMENT 3 TO REPORT PSD-071-11 AMENDMENT NO. 81 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to re-designate a portion of the subject lands (45 North Street) from "Urban Residential Area" to "Village Centre" and "Street Related Commercial Area" to round out the existing Newcastle Village Centre. BASIS: The application is based on an Official Plan Amendment application (COPA 2011-0002) submitted by Newcastle (King) Developments Inc. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: 1. By including an exception to Section 23.14 to create Subsection 23.14.15 as follows: "23.14.15 Notwithstanding Section 9.3 of the Clarington Official Plan and Section 4.1 of the Newcastle Village Centre Secondary Plan the lands located at 45 North Street and described by assessment roll number 181703013008200 shall be re-designated to Street Related Commercial Area." 2. By Amending Map A4— Land Use Newcastle Village Urban Area as shown on Exhibit "A" to this amendment. 3. By Amending Map H3 — Neighbourhood Planning Units Newcastle Village Urban Area as shown on Exhibit "B" to this amendment. 4. By Amending Map A— Land Use Newcastle Village, Village Centre Secondary Plan as shown on Exhibit "C" to this amendment." IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as amended; regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan as amended; regarding the interpretation of the Plan shall apply in regard to this amendment. 8-59 , o a .v Ilk _ o c� = Q AA 4- w = M C) � = UJ j uj (L O OG U) CL Q L6 ad02j IVNOISI2J � v O 3 F" Z O co 6 -0 0 d. w EQt � p _- AA c� Q c Q � � Y x W �e ° �r � > Q w Q 0 8-6 a Ao � •v O � O O M LU Z .� uj P LJJ � .W Q �r ~ G J 0 r J L� (IMI WN019MA co 6 -0 Z o a s E O - � e � a) ,0 E � CD w 00 :c Z c _ o CL `'_ w NT tt3 E ® > >- 12, Q Q s i � C� W e Y ® ® 3: C m � a� t t� � N'�1•i•i1i•�•�r �1111111111111111111a,". ►1 i/i 1 i 1 i 1 i 1 i 1 i 1 i 1 i 1 i 1 1 1 1 1 1 1 1 1 1 1� -11111111111? •►1111111111. - /1 i 1 i 1 i 1 i 1 i 1 i 1 i 1 i 1 i 1 i 1 b10000000i1i01a • '>1111111111111111111111 m h1111/11111111111111111 y.. 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Ldo W El • i iiiiii ----- 4\00 1 40 - Lli I •• • , • - • 1 • o too 00 1 1 •••�•:44�\0 • 1 • •V4�Oi:� - MUSMIS � 1 1 .......... .iiiiiiiiiii■i iir • 1 .__.......N`4V`N` iii • • • .................. 4\ 44 ...\4V\0\44\0041 ,A 4\44 4\4\ 1 i t04V\004V40\� • • • • ' ......... • �........ i:iiii44044V40044Q< ii iii 111:11 ►11111 �ii:iiii�4V\0\4V�044e .....I.... "�"' ►1111a �..........�.�-40Nn:4\ iiiiii ♦1a u................. ...... ♦1a • / LDLJ '. _. _. ......... . • • ..�.. 1 - ... .. ............. iii............ • ' ........... iii•• , • • ; _ 11 .•r ••, • LLI x., 1 • .• •.. 1 ' z = - I I .1 ATTACHMENT 4 TO REPORT PSD-071-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO! 2011- being a By-law to adopt Amendment No.81 to the Clarington Official Plan. WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan by adding a new policy to Section 23.14.15 to re-designate a portion of the subject lands (45 North Street) from "Urban Residential Area"to "Village Centre"and "Street Related Commercial Area"to round out the existing Newcastle Village Centre. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.That Amendment No. 81 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted; and 2:This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 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 8-63 ATTACHMENT TO REPORT NO. PSD-071-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2011 being a By-law to amend Zoning By-law 84-63 of the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2011-0007; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS -GENERAL COMMERCIAL(Cl)ZONE" is hereby amended by adding a new special exception as follows: "SECTION 16.5.57 GENERAL COMMERCIAL EXCEPTION (C1-57)ZONE Notwithstanding Section 2 those lands zoned "C1-57 on Schedule "A"of this By-law shall be used for the uses permitted in the General Commercial Zone and in accordance with following definitions and regulations: a. Definition: i) Lot Line, Front:shall mean the portion of the property which fronts onto King Avenue West. ' 2. Map Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One Exception (R1-1) Zone" and Environmental Protection (EP).to"Holding- General Commercial((H)C1-57)Zone" "General Commercial Exception (C1-33) Zone"to "General Commercial Exception (C1- 57)Zone" 3 Schedule"A"attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-64 This is Schedule "A" to By-law 2011- passed this day of 2011 A.D. � � I WILMOT STREET W H O KING AVENUE WEST �N Zoning Change From"C1-33"To"C1-57" Zoning Change From"EP"To"(H)C1-57" Zoning Change From"R1-1"To"(H)C1-57" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk ON ST EAST 3 G z D LENS R y O T GIVEN ROgp J KI U 1 G AV UE EA T I I m1:1fiER I Newcastle Village J 6 ZBA2011-0007 _ ® SCHEDULE5 8-65 i Leadin the Way PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: N/A Report #: PSD-072-11 File #'s: 18T-87083, 18T-89007, 18T-90043, 18T-95030, PLN 7.15 Subject: EXPIRY DATES FOR DRAFT APPROVAL OF PLANS OF SUBDIVISION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-072-11 be received; 2. THAT the Director of Planning be authorized to amend the conditions of Draft Approval for applications 18T-87083, 18T-89007, 18T-90043, and 18T-95030 to have a three year expiry date from the date of Council's decision; and 3. THAT the interested parties and delegations regarding each application dealt with in Report PSD-072-11 be advised of Council's decision with respect to the application. Submitted by: Reviewed by: d Dav ^/Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer BR/CP/df 22 August 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-66 REPORT NO.: PSD-072-11 PACE 2 1. BACKGROUND 1.1 When the Region of Durham was the subdivision approval authority as well as the first few years after subdivision approval was delegated to the Municipality, plans of subdivision were draft approved with no time limit for obtaining final approval. A typical Condition of Draft Approval now requires Final Approval to be obtained generally within 3 years of Draft Approval being granted. 1.2 Some Draft Approved plans of subdivision that do not have a time limit on obtaining Final Approval can remain at the draft approval stage for many years. This can result in approvals becoming stale with out-of-date conditions of approval or older design standards. Some of the baseline studies used for noise attenuation, traffic, environmental impacts and similar issues may no longer be valid. 1.3 This time gap can lead to a number of implementation problems, hence, the introduction of time limits on draft approvals approximately six years ago. Draft approval is issued on the understanding that the proponent is working in good faith to fulfill the conditions of approval and is proceeding to develop. If proponents have not done so, the expiry date allows all agencies to review their conditional approval of the project and update their requirements as needed. 2. COMMENTS 2.1 Staff has identified four (4) Plan of Subdivision applications which have been Draft Approved and have not advanced to Final Approval at all or beyond Phase I. In accordance with Subsection 32 of Section 51 of the Planning Act, staff recommends amending the Conditions of Draft Approval to include a lapse of approval date for the following applications which are outlined in greater detail in Appendix 1: Applic;ation Owner No of Unfits t Location, Approval Date . 18T-87083 Quadrillium 28 hamlet Newtonville August 5, 1992 Corporation residential units 18T-89007 Michael, 19 estate Clarke Twp. July 21, 1992 Stewart and residential units Alan Clarke 18T-90043 Headgate 36 urban Bowmanville March 10, 1997 Investments residential units 18T-95030 Marchetti and 262 urban Bowmanville August 16, 1996 DeMinico residential units 2.2 Notice was provided to all owners, applicants and agents contained within the respective application file, advising them of this report and staff's recommendations. 8-67 REPORT NO.: PSD-072-11 PAGE 3 3. CONCURRENCE: Not applicable 4. CONCLUSION 4.1 It is respectfully recommended that Council endorse the inclusion of a three year expiry limit from the day of Council's consideration of Report PSD-072-11. CONFORMITY WITH STRATEGIC PLAN: Not applicable Staff Contact: Bob Russell, Planner Attachments: Attachment 1- Summary Chart of Draft Approved Plans of Subdivision recommended for expiry date Attachment 2 - Key Map 18T-87083 Attachment 3 - Key Map 18T-89007 Attachment 4 - Key Map 18T-90043 Attachment 5 - Key Map 18T-95030 List of Interested Parties to be notified of Council's decision: Quadrillium Corporation Tunney Planning D.G. Biddle Associates Ltd. Michael Clark Mrs. M. Clarke Ms. Cathy Clark Sernas Associates Headgate Developments Inc. Mrs. Emily Marchetti Mr. Anthony DeMinico 8-68 /AUacnmeni i To Report PSD-072-11 o o`~ `'� o 4 Z °,0 0 0 °, - 0 4- O c c� c cn M ° cv c ° _ ._ _ o d . o � _ � _ ° - x o Mx 0- 0 -0 mMx Mo =a- c ow � c ow o - ow � ow ° � °W o o 0U > t o o U > a� `- U > w U > 0 0 a)Z ® U o mo _ a U - = u.! 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U �. - ° aV02i 3�lInNO1M3 o h U) h Q 00 O 00 O GVMJ 00 t� o V- a D m 0 SN3n0 ° ~ CL N d c a` �_ 3 at102� N0133d`d1S = O 0 133MIS mun93021030 Lu w w z z w 'O U U) N � Y4 U S3HO A 1111 831WHO {y w O y a Q ya �o w nNO�N�N w LU z U > W Q 0 N W z O 9L 0tl02J IVN0103M GVON 3111ANO1M3N 0 <t 1 J_ C) S Q _ K 7 O O Attachment 3 To Report PSD-072-11 OVOa HonoiinooW avoa 3NI x Y i C C avoa i ld O O U Cu U 3aowil0 �, a� ? o goo O N $ CL o i Ix O O ® C p avoa 1101113 avoa � w w F+ z o O O Q 00 M (D >* J d ® m v vOalavM31S Z ' C i O CL 0 O d CL ll N 3 OvOa 3IIIANO1M3 Q D oQ O J U cS O V >Q S �O °s ao �s 0 V N } � 2 2 _ Q T K J O Attachment 4 To Report PSD-072-11 ooao N ' C G� _ C ® - E ° •N o Q M >_ a m o ) M i3 ® O z O N O 0 o O _ 0) OGG O ti O w yGJ C N C-) ��� cc r 00 p d r —j L9 GVOU IVNOIJ3H- CL o n s ai O O L Q. � -L= I I I Jill 11111 �-Lj ANVI ooenoS J.SEiM GOJ OG 5G �O L9 (IMI IVNOIJ3�:I AV.Hdn(i - 2 Attachment 5 To Report PSD-072-11 0 �> ORESGENi N�_ �bb0 r � o° 1S HGGOaO o is H° n M 2¢ ZW J g k ° 3Nd On g V VJ� •N aG 3j ® V LO CL m o o a w ref z %E U LO y ,q f W Kz <U o K W U) ~' d o ° LL r` ABVNORI GULCH R SOS _ p 1S MdHSa3N 1 Q ((f '(� m SQUIRE ' i 0 15 GNINOOaB °JS 1 JZb a�d�13 1133a15 tlHSGtlae V 00 A V N. NOSSINN SS`3n1eMN OO n w 111H N 1d0 s I I O a Q lG 4 0Molade L9 rc L C is STS(NM s 133a15 ao O C� Q. w w o 8� F K 31ddd A N31 N L O BOO B C g U N a0 Na3jG3a UO sWOONWJ (. 133a1S Ala Il _ O > y W ¢ fK 3 133211S w ° W W U O U U W �} O� ° W J Q d O U CL ZO g w z w z ° O n. U W Q 2 3nN3nV SMAV31AI ° w W J w � Q ° m 2 w ° z O w In K U) O mid, m O ULCH �00 Q DRIVE `n �p 1111-1 1NVHd3l3 3HIS SN1AOO M 10 NOSSINNV • 6y z� U 0 WVIIIIM 10 MO1WO w_ � s Q U J_ w z Z Q O REPORT Leading the Way p p� PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: Report #: PSD-073-11 File #: ZBA 2011-0026 Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 511060 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-073-11 be received; 2. THAT the request for removal of Part Lot Control with respect to Lot 13 on Plan 40M-2094 be approved and that the Part Lot Control By-law contained in Attachment 2 of PSD-073- 11 be passed pursuant to Section 50 (7:1) of the Planning Act; and 3. THAT all interested parties listed in Report PSD-073-11 any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: imdF 1 � Reviewed by. Dav'.1 Crorne, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS/df 23 August 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 8-74 REPORT NO.: PSD-073-11 PAGE 2 1. APPLICATION 1.1 Applicant: 511060 Ontario Limited (Frank Veltri) 1.2 Location: Part Lot 9, Concession 1, former Township of Darlington (see Site Location Attachment 1) 2. BACKGROUND 2.1 On August 10, 2011, Planning Staff received a request from 511060 Ontario Limited for the Removal of Part Lot Control with respect to Lot 13 on 40M-2094 (see Attachment 1). Plan 40M-2094 was registered on July 4, 2002, containing 27 lots for single detached dwellings and 19 lots for semi-detached/link dwelling lots. A Removal of Part Lot Control By-law was originally adopted on June 23, 2008 and expired ,tune 23, 2011. 2.2 Building permits were issued for each half of Lot 13 in April 2011. The developer has sold each unit on Lot 13, with closings at the end of September 2011. In order to facilitate said closings and the transfer of the land, a new by-law allowing for exemption from Part Lot Control is required. 3. STAFF COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt. the subject lands from Section 50 (5) of the Planning Act pursuant to the provisions of Section 50 (7) of the Planning Act. The by-law could be in force for one (1) year period following Council approval, ending September 19, 2012. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, a copy of the "Unit Type and Number Summary Table" (Attachment 3), along with a copy of the Removal of Part Lot Control By-law will be forwarded to the Regional Planning Department. 3.3 The Finance Department advises that the taxes have been paid in full. 4. CONCURRENCE — Not applicable 5. CONCLUSIONS 5.1 It is recommended that Council APPROVE this application and adopt the attached Removal of Part Lot Control By-law for Lot 13 of 40M-2094. CONFORMITY WITH STRATEGIC PLAN — Not applicable Staff Contact: Cynthia Strike — Principal Planner, Development Review Branch 8-75 REPORT NO.: PSD-073-11 PAGE 3 Attachments: Attachment 1 — Key Map Attachment 2 — By-law for Removal of Part Lot Control Attachment 3 — Unit Type and Number Summary Table Interested Parties to be notified of Council and Committee's decision: 511060 Ontario Limited (Frank Veltri) Region of Durham Planning c/o Brian Bridgeman 8-76 Attachment 1 To Report PSD-073-11 nut+3ma o � y � d o _ LN30S3HO Sa31 Am E41 3 y 3nN3AVSNa YV 3MN VSNMN to O O o v M L CD W ° ® O C CL �n w_ 3AIa0 aONtM1NH1Vif1S y ° O � ° O a r. ° p Q 3Na0 NaVd OaVH0a0 O ,V CD CD 0 sa3 G N 0 83N0131 A3a1n w =�0 /� as O °�= m `N J M S a0 NOSOVO V E Q / C N ' d O CL o L ° a la rcae-IVo W z Q Attachment 2 To Report PSD-073-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a by-law to exempt a certain portion of Registered Plan 40M-2094 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lot'13 of 40M-2094, registered at the Land Title Division of Whitby. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the . following lands: a). Lot 13 of 40M-2094. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be force for a period of one (1)year ending on September 19,2012. 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 8-78 Attachment 3 To Report PSD-073-11 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Plan 40M-2094 P Result of Pa -t b ? ' " �R®��D '.C6htr6F,Exemp tion on;' _ - Unit.Type and Number. i - LotslBlocks Unit Type and Number' - sy 4 ' Affected t ` 1 Lot 13� Linked / Semi-Detached Dwelling (2) No Change TOTAL Units-.2 No Change 8-79 Leading the Way REPORT PLANNING VI Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: N/A Report #: PSD-074-11 File #: PLN 17.1.6 Subject: ENVIRONMENTAL STEWARDSHIP TREES FOR RURAL ROADS PROGRAM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-074-11 be received for information; and 2. THAT any interested parties listed in Report PSD-074-11 be notified of Council's decision. Submitted by: Reviewed by:( Da v . Crome, MCIP, RPP Franklin Wu Direc or, Planning Services Chief Administrative Officer FL/DJC/df 25 August 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-80 REPORT NO.: PSD-074-11 PAGE 2 1. BACKGROUND 1.1 Since 2002, Council has been providing annual funding for an ongoing environmental stewardship program. The environmental stewardship program was established to encourage private groups to carry out works that improve municipal lands, such as valleylands and other natural areas. 1.2 To date, Staff have been careful to only fund projects that are on municipally owned properties, have in-kind contributions (labour and/or materials) and meet the overall concept plan for the area. Planning Services Staff work closely with Engineering and Operations staff to ensure that the project is in the best interests of the municipality. 1.3 From 2007 through 2010 the majority of the stewardship funds have gone to fund the Ministry of Natural Resources (MNR) Rangers for one week of work with some of our partner environmental groups. The Ontario Stewardship Rangers work in teams of five (5) high school students (17 year olds) with a project captain. In 2011 MNR did not have a Rangers group in the Durham area so we were not able to take advantage of the program. 1.4 The Environment Stewardship Program was put in place to address green initiatives that affect Clarington residents. One of the most predominate features of the rural landscape is the century old trees that line the rural road rights of way. These trees were mostly planted after the 1870's when landowners were encouraged to transplant seedlings from their woodlots to along the road right of way. For a number of years the decline of these mature street trees has been a concern. 2. TREES FOR RURAL ROADS 2.1 Based on input from the Agricultural Advisory Committee and other rural land owners, Staff have met with the Conservation Authority's Staff to determine if and how a program to plant trees along our rural roads could be added to the suite of stewardship programs the CA's provide. Draft guidelines for the "Trees for Rural Roads" program are Attachment 1. 2.2 Funds from the Environmental Stewardship account will be used to subsidize the cost of the plants and cover the administrative costs. The land-owners contribution will be the planting and maintenance. CONCURRENCE: Not applicable 8-81 REPORT NO.: PSD-074-11 PAGE 3 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington X Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Faye Langmaid, Manager of Special Projects Attachments: Attachment 1 - Draft Guidelines and Application Form Interested parties to be notified of Council's decision: Frank Lockhart Rev. Chisseling Libby Racansky SWNA Committee 8-82 Attachment 1 To Report PSD-074-11 Guidelines for "Trees for Rural Roads" Program Purpose: Restore a cultural landscape feature in the Municipality of Clarington To under plant existing mature street trees on our rural roads with young native trees (whips, not caliper size) through a partnership with local Conservation Authorities, landowners, other funding partners and the environmental stewardship funds from the Municipality of Clarington's budget beginning in 2012. Background: An Historical Perspective on Rural Road Tree Planting In the middle and late 19th century, farmers planted native maples taken from their woodlots along their property edges and on their lane ways. In the 1870s, the Ontario government provided incentives to farmers should they plant roadsides with trees from their woodlots. The majority of trees they planted were maples. This gave rise tjl. important element in the rural landscape-lines of stately maples alongside roads and separatin- farmer's fields. The legacy of maple trees is embedding in many people's memories and`part of the,,rural aesthetic. The Ontario Legislature passed an act in 1871 to e bourage the planting,of trees on "highways". Municipalities were to pay landowners up to $0.2 per trefor trees planted along the roads. The province was to cost-share with the municipautiese but a quarter century later, only ten percent of the money had been spent an he act w s epealed. Although this would suggest failure of the program, trees from this e on aft ne many of our rural roads today. These century (and older) trees are now s u old=age, exposure to wind, insects and disease. They are not being replaced an h a the rural/cultural landscape is now seriously degraded. The Municipality of Claringt as a r' histo tree planting in Ontario. The former Ontario Ministry of Natural Resource o ion provided between 5 to 7 million seedlings for planting througho arid g its yea s of operation. The Ganaraska Reforestation Program is also a a ur history. The Forest is the largest source of forestry products in the C gton. Program Gui es: The Trees for Rural Ro ram would target all rural residents, farm and non-farm. The trees provided through this . ogram will be subsidized by the partners and purchased, planted and maintained by the landowner as an in-kind contribution. If additional trees were requested for laneway under plantings or other locations by landowners, our partner Conservation Authorities can facilitate this need through their existing private land tree and shrub programs. The CA's typically sell native bareroot trees and shrubs to landowners in the spring. Landowners pay for the cost of the plant material, and administration fee and must meet specific program criteria to participate. Siting of Proposed Roadside Trees: It is the preference of the Municipality for the trees to be planted outside their designated road right of ways (ROW's). Trees in the ROW's could be impacted by future road works like ditching and widening. It is recommended that trees be planted just inside the property line of the willing landowner and located so as not to interfere with existing power/utility lines. It is anticipated that 3-33 this program will have minimal effect on the potential loss of cropland for farmers, however recommendations follow in the Additional Considerations section for addressing this concern in the future. Additional Considerations: 1) The Municipality will endeavour to remove dead, diseased and damaged trees from rural roadways as part of our hazard tree management practices. In other Municipalities, the crown is being removed, leaving trunk as nesting location for birds and wildlife. This is provided that the tree is not a carrier of disease or a hazard. 2) In principal, the Agricultural Advisory Committee of Clarington is in favour of the Trees for Rural Roads Program. There are potential impacts from planting a row of hardwood trees adjacent to active agricultural land, as they could shade crops and reduce agricultural yields when they establish a large canopy. The program will consider compensation for land retirement for tree planting in the1.,,tfuture, targeted specifically at 12� the farm community. 3) There are altruistic reasons for planting of trees,�. i anticipated that our rural -_�v community members already active in various forM, r ship would participate in the Trees for Rural Roads Program as pa_rt-,_'A`bf t ir Q ng efforts. In addition', windbreaks and shelterbelt plantings can redfli b sno rift -govide visual, sound and odour control. Complimentary Programs aq.Pote ni_ I Partnerships: th, '5R-, MIA ram: Maple Leaves Forever Prog U&M Canada's forests have played a cenlral role ec ic development over the centuries. They remain to this day, a hugeK !-yX1fflrb#ant EM.-Irpent in our social, cultural and economic fabric. N"k- One of the most widely rdddgnize e,11 e5,,,,.jn ada's temperate forests is the maple. This species provides a crucial coh�` .9n. osystems across Canada and is a part of the rural and city landsca �,wef i ortant tree in the forest's carbon balance, sustains ran e of valuable and wonderful wood products used the maple syrup ind0try arR V ,�,%T1 in our houses. q'k The Maple Leaves P ..'rtever r am has goals (below), provides seed stock and has some funding. • To restore and i t e maple tree as a living emblem of Canada's culture and history by supporting and promoting the planting of native maple trees • To re-introduce maples as a visual feature on the rural and urban landscape by planting in towns, cities, roadsides, along hedgerows, laneways and property lines in southern Ontario and ultimately, across Canada • To promote and support the development of maple seedlings and saplings which are to be grown from certified Canadian seed sources and which will become known as Maple Leaves Forever (MLF) Maples (Pineneedle in Pontypool is a certified grower) • To provide the public, emphasizing youth, with accessible information on the cultural and technical aspects of native maples as well as providing them with information on the acquisition and availability of maple seedlings, saplings and trees 8-.84 Ontario Heritage Tree Program: A way of recognizing trees but does not "designate them". Designation can happen as part of a heritage conservation district or as a cultural heritage feature under the Ontario Heritage Act but not very many trees have been recognized in this manner. This program is a listing based on: • A notable specimen because of its size, form, shape, beauty, age, colour, rarity, genetic constitution, or other distinctive features; • A living relic that displays evidence of cultural modification by Aboriginal or non- Aboriginal people, including strips of bark or knot-green wood removed, test hole cut to determine soundness, furrows cut to collect pitch or sap, or blazes to mark a trail; ➢ A prominent community landmark; ➢ A specimen associated with a historic person, place, event or period; ➢ A representative of a crop grown by ancestors and their successors that is at risk of disappearing from cultivation; ; t, ➢ A tree associated with local folklore, myths, legendsao traditions; This program could dovetail into the Trees for Rural Roe's Program to create awareness for and create an interest in preserving heritage trees. ThbldaAheritage conservation district on Beech Avenue in Bowmanville does recognize two of the old stately trees`b' the street. Conservation Authority Tree Planting Pr `na Currently both Conservation Authorities witoin Claringtgpffer a tree planting program. If landowners wished to plant trees on theiropErtyand nexto the municipal right of way they could purchase trees at a cost from their res�,ec�iv� Gonserytion Authority. However, currently the focus of the Conservation Authorities planting pr�ogra�ms are for large scale reforestation and stream bank plantings. . Proposed Funding AT The Municipality has ant.,q'nnual environmental stewardship budget. Other sources of NO— ng could,inc U e the Trees Ontario Foundation, Green Street Canada, Tree Canada, Gf beIt Founder#ion, Maple Leaves Forever and Farm Credit Agri-spirit fund, OPG Corporate Cilia Pr ami nd Gas Tax Funds (that the Municipality receives and has to be directed towards ski'lainabiIity- rojects and goals). A cooperative payment program where the landowner provides in-kind. labour for the planting and maintenance of the whips ensures the landowner is invested and has an ongoing desire to steward the trees over the long term. Delivery by local Conservation Authorities: Generally the Trees for Rural Roads Program fits with existing tree and shrub sales programs that target rural landowners with more than 2 acres of land. It is anticipated that the CA's would add this new program to their existing portfolio in partnership with the Municipality of Clarington. Like the tree and shrub programs, site visits are not necessary, thereby reducing the costs of coordinating the program. GIS mapping resources could be utilized to provide appropriate planting and spacing recommendations for the landowner as used in the attached sample application. 8--85 TREES FOR RURAL ROADS APPLICATION FORM Please submit application in FULL by APRIL 15 10, 2012 to: { Applicable Conservation Authority Surname First Name Tax Roll No. 1 8 1 7 Mailing Address Town Postal Code E-mail rye: Daytime Phone No. ( ) Evening N'b YX5_ ) mot, Proposed Planting Location x . Road Name: Cl`zest 1 #ersection: Lot Regrn Durham ' n Concession 4� �FtmerTownship y Side of Road North South 11;" East West RAM, - 1— Estimated Length of area'to contai rilibt antiFn Soil Conditions: t l- g. • Native Hardwood Spec'R'Q'11 be available this ear($15:00 per tree)and selection will be discussed with Conservation Authority staff. • Spacing and location will end upon suitabilaof site for species requested,soil,utility locates,etc. • No site inspection will be provid_e` Planting wsfizuctions will be provided. • Eligibility for involvement in for Roads"maybe limited by overhead or underground utilities, site lines, drainage,or suitability of planting site. - y Tree Species Site Description Tree Species Site Description Hard Maple -prefers well drained sites White Pine -prefers well drained sites White Birch -prefers moist to well drained sites Honey Locust -prefers well drained sites Red Oak -prefers dry well drained sites Red Maple -prefers moist sites White Oak -prefers well drained sites White Spruce -prefers well drained sites 8-86 CONDITIONS PLANTING LOCATION Please indicate municipal address,roads,woodlots,buildings,etc, I hereby understand that payment in full must be made upon receipt of the invoice under the Trees for Rural Roads Program. It is understood that the NORTH survival of individual trees cannot be guaranteed. Every effort will be made to assist the landowner in how they can increase the chances of survival and tree growth. Replacement trees will be offered the following year,for subsequent years a tree will be replanted once for$10.00 per tree. The applicant agrees to plant the trees adjacent to the road right of way and away from hydro lines. The Trees for Rural Roads Program does not take any responsibility in the long-term care and maintenance of the trees planted and this program. Applicant Signature: l Date: AR Ff 4 i k, x � AMw " Y 8--87 Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINSTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law #: N/A Report #: PSD-075-11 File #: RE 6.1.4 Subject: WATERFRONT LAND ACQUISITION 43 WEST BEACH ROAD, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-075-11 be received; 2. THAT the property identified as 43 West Beach Road, Bowmanville, Ontario and being more particularly described as Lot 26 and Part Lot 27, Plan 150, in the Municipality of Clarington, Regional Municipality of Durham, for the purchase price of Two Hundred and Sixty Five Thousand ($265,000.00) Dollars, subject to adjustments; 3. THAT the funds for the purchase, and any associated costs, be charged to account number 110-50-130-850002-7401 Land Acquisition Account; 4. THAT Mayor and the Clerk, on behalf of the Municipality, be authorized to execute an Agreement to acquire the property; 5. THAT Staff be directed to take all necessary actions to complete the transaction; and 6. THAT all interested parties listed in Report PSD-075-11 be notified of Council's decision Submitted by: Reviewed by:�_e Da id . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer 25 August 2011 IL/df CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-88 REPORT NO.: PSD®075-11 PAGE 2 1. BACKGROUND 1.1 In 2000 the Municipality completed a Land Acquisition Strategy which was adopted by Council to provide a phased approach to the acquisition of land for a variety of public uses. The Strategy was intended to serve as a guide for land acquisition in accordance with the policies of the Clarington Official Plan. In February 2007 an update to the Land Acquisition Study and Financial Analysis was completed and adopted by Council. The property located at 43 West Beach Road, Bowmanville (Attachment 1) was identified in both studies as a priority waterfront acquisition. 1.2 The Municipality has been purchasing land along West Beach Road since the early 1990s for the purpose of providing public access to the waterfront. Twelve parcels have been purchased in addition to the recently acquired Port Darlington Harbour Company lands. Lands that are adjacent to parcels already owned by the Municipality are considered the first priority for acquisition. 1.3 43 West Beach Road has 29 feet of frontage, a depth of 386.8 feet, and a total lot area of 0.15 acres. It is improved with a frame dwelling unit and has waterfront access. The lot is immediately east of vacant land currently owned by the Municipality and two lots west of the former Port Darlington Harbour Company lands. 1.4 The owners have contacted staff on several occasions over the years with the intent to sell. In February of 2009 Ryan Realty Services Ltd. completed an appraisal report on the property and its fair market value was determined to be $260,000.00. The Owners were firm in their asking price of $320,000.00 in 2009, therefore, staff could not recommend to Council that the property be purchased. 1.5 Recently the property owners reopened negotiations and agreed to a price of $265,000.00. The real estate market has not changed significantly in the past two years, the current offer is considered to be reasonable. 2. CONCURRENCE: The Director of Finance has reviewed this potential acquisition and has confirmed that funding is available. 3. CONCLUSION 3.1 The property has been identified for acquisition in the Land Acquisition Strategy and is adjacent to lands that the Municipality owns. It is identified as one of several parcels required for the full development of the West Beach District Park. 3.2 This property may be sold on the open market if it is not acquired by the Municipality which could result in property improvements that would increase its value and future purchase price. It is recommended that the property be purchased now as the owners are willing to sell at the appraised fair market value. 8--89 REPORT NO.: PS®-075-11 PAGE 3 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Isabel Little, Planner Attachments: Attachment 1 — Key Map Attachment 2 — Signed Offer to Sell List of interested parties to be notified of Council's decision: Joanne Cover Cecilia Hanif 8-90 Attachment 1 To Report PSD-075-11 C Cu Q. 0 E nnQ SLL O ^/L� CL C E- O O L U) G A-Z U O V O —� CD ® w _Q. m 41 W N Z .(Y) CL LJJ o 0 U El' 0 , W DO FQQ- W OV02J NOlJNIIHV0 i'dOd 0 d m r 8-91 Hrracnmenr z To Report PSD-075-11 OFFER-TO SELL The undersigned,Joanne Elizabeth Cover and Cecilia Hanif(the"Vendor".),hereby agrees to and with THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON(the"Purchaser"),to sell the property lo:rown as Lot 26,Plan 150,Pt Lot 27,Plan 150,as in NL123378 sh N132203, D504758 t/w N123378, Municipality of Clarington, Regional Municipality of Durham (the "Property"), for the purchase price of TWO HUNDRED AND SIXTY FIVE THOUSAND - DOLLARS----($265,000.00)(the"Purchase Price"),subject to adjustments. ADDITIONALLY,the Purchaser agrees with the Vendor to the following terms and conditions: 1. This transaction is to be completed no later than 5:00 p.m. on October 27, 2011, (the"Closing Date"), which date may be extended or amended by written agreement of the solicitors for the parties,and,on which date vacant possession of the Property is to be given to the Purchaser. 2. This Agreement of Purchase and Sale may be executed in counterparts and delivery of an executed copy of same by each party to the other shall constitute complete offer and acceptance . thereof. 3. The Vendor represents and warrants to the Purchaser that during the time'the Vendor has owned the Property,the Vendor has not caused any building on the Property to be insulated with insulation containing ureaformaldehyde,and that to the best of the Vendor's knowledge no building on the Property contains or has ever contained insulation that contains ureaformaldebyde, This warranty shall survive and-not merge on the completion of this transaction. 4. Except as provided•in paragraph 6 hereof,the Vendor shall discharge all encumbrances ' and restrictions registered against title to the Property at its expense on or before the completion of this transaction. 5. The Purchaser is to be allowed until.October 14,2011(the"Requisition Date")to examine the title to the Property at his own expense and to satisfy itself that there are no outstanding orders or deficiency notices affecting the Property and that.its present use may be lawfully continued. The Vendor hereby consents to governmental agencies releasing to Purchaser details of all.outstanding orders affecting the Property. The Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require in this regard. 6. PROVIDED the title is good and free from all registered restrictions, charges,liens and -encumbrances save and except for: (a) any registered restrictions or covenants that run with the land,provided that such are complied with; (b) any municipal agreements and registered agreements withpubliclyregulated utilities, providing such have been complied with or security has been posted to ensure compliance and completion as evidenced by letter from the relevant municipality or utility supplier;and (c) any minor easement for the supply of domestic utility-or telephone services to the Property or adjacent properties. If on or before the Requisition Date any valid objection to title or to any outstanding work order or deficiency notice and which the Vendor is unable or unwilling to remove,remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections,shall'be at an.end and all monies paid shall be returned with interest but without deduction by the Vendor to the Purchaser. Save as to any valid obj ection so made by such day and except for any objection going to the root of the title,the Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 7. (a) This Agreement is conditional on the Purchaser;in the Purchaser's discretion,being satisfied on or before the Requisition Date that the environmental condition of the Property will not require remediation measures to be undertaken to make it or any portion of it suitable for use by rrrembers of the public as open space accessible to members of the public.This condition is for the sole benefit of the Purchaser and s-92 2 may be waived by the Purchaser giving the Vendor written notice that it has been waived.' (b) Forthwith after the execution of this Agreement,the Vendor shall deliver to the Purchaser without cost to the Purchaser, all reports, studies or written communications that the Vendor has received from any person or has caused to be prepared dealing with the environmental condition of either the Property.The Vendor will permit the Purchaser, its employees, contractors and agents to enter on the Property to conduct such inspections or tests to determine the environmental condition of Property during regular business hours,provided that twenty-four (24)hours written notice is given to the Vendor before such entry takes place. 8. The Purchaser shall be credited towards the Purchase Price with the amount,if any,which it shall be necessary for the Purchaser to pay to the Minister of National Revenue in orderto satisfy the Purchaser's liability in respect of tax payable by the Vendor under the non-residency provisions of the.Income Tax Act by reason of this sale.The Purchaser shall not claim such credit if the Vendor delivers on completion the prescribed certificate.or the statutory declaration stating that the Vendor is not then a non-resident of Canada. 9. The Vendor shall deliver on the completion of this transaction additional evidence of compliance of the transaction with the Family Law Act, R.S.O. 1990,c.173, as amended, as the Purchaser,acting reasonably,may require. 10. Except as herein expressly provided,this Agreement shall extend to and be binding upon and e enure to the,benefit of th heirs, executors,administrators,successors and assigns of the parties hereto. 11. THIS OFFER TO BE ACCEPTED BY THE Purchaser on or before Oct 4,2011,otherwise it. shall become null and void. This offer, when accepted, shall constitute a binding contract of purchase and sale and time in all respect shall be the essence of this Agreement. It is agreed that there is no representation,warranty,collateral agreement or condition affecting this Agreement or the Property other than as expressed herein in writing. 12. If this transaction is subject to Goods and Services Tax(G.S.T.)or Harmonized Sales Tax (H.S.T) then such tax shall be paid in addition to the Purchase Price:The Purchaser hereby confirms that the Purchaser is a registrant under the Excise Tax Act (Canada), (Registration No. 106979800RT0001).The Purchaser covenants to remit as required by the Act any G.S.T.or H.S.T payable in respect of the sale of the Property to the Purchaser and to indemnify the.Vendor in respect of any G.S.T.or H.S.T.so payable.The Purchaser is not required to remit to the Vendor G.S.T.on the Closing Date.This covenant shall survive and not merge on the completion of this transaction, 13. If requested by Purchaser,Vendor will deliver any sketch or survey of the Property within Vendor's control to Purchaser as soon as-possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust and loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion,is not available in registrable form on completion,Purchaser agrees to accept Vendor's lawyers personal undertaking to obtain,out of the closing funds,a discharge in registrable form and to register same on title within a reasonable period of time after completion,provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge,together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion of this transaction. 14. The Property shall remain at the risk of the Vendor until the completion of this transaction. 15. The Vendor covenants that the Property will be in a clean condition immediately prior to the completion of this transaction.This covenant shall survive and not merge on the completion of this transaction. 16. This Agreement shall be effective to create an interest in the Property only if Vendor complies with the subdivision control provisions of the Planning Act by completion of this 0 Z73 3 transaction, and Vendor covenants to proceed diligently at her expense to obtain any'necessary consent by prior to the completion of this transaction. 17. A Transfer/Deed for the Property shall,save for the Land Transfer Tax Affidavit,be prepared in•registrable form at the expense of the Vendor. If requested by the Purchaser,Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22)of the Planning Act,R.S:O. 1990,c.P.13,as amended. 18. Where each of the Vendor and Purchaser retain a lawyer to complete this Agreement,and where the transaction will be completed by electronic registration pursuant,to Part II of the Land Registration Reform Act,R.S.O.1990,Chapter L,4 and the Electronic Registration Act,S.O.1991, Chapter 44 and any amendments thereto,the Vendor and Purchaser acknowledge and agree that the exchange of closing funds,non-registrable documents and other items(the"Requisite Deliveries') and the release thereof to the Vendor and Purchaser will (a)not occur at the same time as the registration of the transfer/deed(and any other documents intended to be registered in connection with the completion of this transaction),and(b)be subject to conditions whereby the solicitor(s) receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms of a documents registration agreement between the said solicitors,the form of which is as recommended from time to time by the Law Society of Upper Canada.Unless otherwise agreed to by the-solicitors'such exchange of the Requisite Deliveries will occur in the applicable Land Titles Office or such other location agreeable to both solicitors. 19. On the closing of the transaction,the Vendor shall provide to the Purchaser,the Purchaser's form of the following documents: a. Undertaking to Re-adjust b. Section 116 of the Income Tax Act/Family Law Act Affidavit c. Declaration of Possession d. Construction Lien Act affidavit 20. Any rents,mortgage interest, and unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall be apportioned,and allowed to the day of completion,the day of completion itself to be apportioned to the Purchaser. Realty Taxes including local improvement rates shall be adjusted based on area of parcels sold and retained. 21. Time shall in all respects be of the essence hereof prodded that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who are hereby specifically authorized to do so. 22. If necessary for registration purposes,the Municipality shall prepare,at its expense,aplan of survey for the Property. 23. Any tender of documents or money may be-made on the parties or their respective solicitors. 24. This Agreement shall be read with all changes of gender or number required by the context. 25. Any Notice required to be served*by the Vendor upon the Purchaser pursuant to the provisions of this Agreement shall be deemed to be good,valid and sufficient service upon the Purchaser if served personally,mailed by pre-paid registered mail or sent by facsimile transmission addressed to: Municipality of Clarington' 40 Temperance Street 13owmanville,Ontario LIC 3A6 Attention:David Crome,Director of Planning Services Facsimile No.(905)623-,0836 8-94 4 and any notice required to be served by the Purchaser upon the Vendor pursuant to the provisions of this Agreement shall be deemed to be good,valid and.sufficient service upon the Vendor if served personally,mailed by pre-paid registered mail or sent by facsimile transmission addressed to: Joanne Elizabeth Cover and Cecilia Hanif 8115 Woodline Street Niagara Falls,ON L2H 1C8 . •r or such other telefax number or address of which either party has notified the other party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to 4:30 p.m.on any business day (excluding Saturdays,Sundays and statutory holidays)shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail,it shall be deemed to have been received on the third business day(excluding Saturdays, Sundays and statutory holidays) following the mailing thereof, Notwithstanding the foregoing,in the event that it maybe reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out above,then such notice shall be sent by an alternate means of transportation which it may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. 26. For the purposes of this Agreement, the term"Force Majeure"means any delay for the duration of the delay which is imposed by reason of strikes,lockouts,riots,wars or acts of military authority,acts of public enemies,sabotage,epidemics,washouts,nuclear and radiation activity or fallouts,rebellion or civil commotion,fire or explosion;flood,wind,water,earthquakes or other casualty,or an Act of God and any act,omission or event whether of the kind herein enumerated or otherwise not within the control of the parties none of which has been caused by the deliberate default or.act or omission by the parties and none of which has been avoidable by the exercise of reasonable effort or foresight by the parties. DATED at Ontario this a day of ,2011. Joi—n-ye }}Elizabeth Cover ( tl Cecilia Hantf DATED at Bovananville,Ontario this day of 2011 THE CORPORA'T'ION OF THE MUNICIPALITY OF CLA.RINGTON Per: Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk We have the authority to bind the Corporation i Leading the Way REPORT SERVICES PLANNING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: N/A Report #: PSD-076-11 File #: A2011-0013, A2011-0016 and A2011-0019 to A2011-0028 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 14 AND AUGUST 11, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-076-11 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on July 14 for applications A2011-0026 and A2011-0027; and, on August 11 for application A2011-0028; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Reviewed by: D i. r1. Crome, MCIP, RPP hranklin Wu, Director of Planning Services Chief Administrative Officer MM/CS/df 29 August 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-96 REPORT NO.: PSD-076-11 PAGE 2 1. APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISION OF COMMITTEE OF ADJUSTMENT FOR JULY 14, 2011 Application Number Staff Recommendation Decision of Committee A2011-0026 Approve Approved A2011-0027 Deny Approved with conditions DECISION OF COMMITTEE OF ADJUSTMENT FOR AUGUST 11, 2011 Application Number Staff Recommendation Decision of Committee A2011-0028 Approve Approved 1.2 Application A2011-0026 was filed to permit the construction of a single detached dwelling by increasing the maximum permitted height from 10.5 metres to 11.3 metres. The Committee concurred with Staff's recommendation and approved the application. 1.3 Application A2011-0027 was filed to permit the construction of a detached garage by increasing the maximum permitted total floor area from 90 m2 to 195 M2 and by increasing the maximum permitted height from 4.5 metres to 5 metres. Staff recommended that the application be denied as the proposal does not pass any of the four tests of a minor variance. The Committee debated the applicant's request, heard the concerns of two nearby residents and ultimately decided to approve the variance allowing 110 m2 of floor area with no increase in building height. Staff are satisfied that the Committee's decision to reduce the applicant's request from 195 sq.m. to 110 m2 meets the four tests of a minor variance and therefore do not object to the approval granted by the Committee. 1.4 Application A2011-0028 was filed to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 4.5 metres to 3.2 metres, by reducing the minimum required rear yard setback from 7.5 metres to 6.9 metres and by reducing the visibility triangle from 7.5 m x 7.5 m to 7.5 m x 5 m. The Committee concurred with Staff's recommendation and approved the application. 8-97 REPORT NO.: PSD-076-11 PAGE 3 2. COMMENTS 2.1 Staff reviewed the Committee's decisions for applications A2011-0026 to A2011- 0028 and are satisfied that they are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2011-0026 to A2011-0028 is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. 3. CONCURRENCE: Not applicable CONFORMITY WITH STRATEGIC PLAN — Not applicable Staff Contact: Mitch Morawetz, Junior Planner Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 8-98 Attachment 1 To Report PSD-076-11 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: BRIAN BRADSHAW OWNER: BRIAN BRADSHAW PROPERTY LOCATION: 6260 CLEMENS ROAD, DARLINGTON PART LOT 9, CONCESSION 6 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0026 PURPOSE: To permit the construction single detached dwelling by increasing the maximum permitted height from 10.5 metres to 11.3 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a single detached dwelling by increasing the maximum permitted height from 10.5 metres to 11.3 metres, as it meets the intent of the Official Plans and Zoning By-law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: July 14, 2011 LAST DAY OF APPEAL: August 3, 2011 8-99 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JOHN & CONSTANCE JENINGA OWNER: JOHN & CONSTANCE JENINGA PROPERTY LOCATION: 106 VARCOE ROAD, COURTICE PART LOT 35, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0027 PURPOSE: To permit the construction of a detached garage by increasing the maximum permitted total floor area from 90 square metres to 195 square metres and by increasing the maximum permitted height from 4.5 metres to 5 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a detached garage by increasing the maximum permitted total floor area from 90 square metres to 110 square metres, subject to the condition that the garage be constructed in keeping with the design submitted, as it meets the intent of the Official Plans and Zoning By-law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: July 14, 2011 LAST DAY OF APPEAL: August 3, 2011 8-100 Leadiig the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: H & H BUILDING CORPORATION OWNER: H & H BUILDING CORPORATION PROPERTY LOCATION: PART LOT 30, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0028 PURPOSE: To permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 4.5 metres to 3.2 metres and by reducing the minimum required rear yard setback from 7.5 metres to 6.9 metres and by reducing the visibility triangle from 7.5 metres x 7.5 metres to 7.5 metres x 5 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 4.5 metres to 3.2 metres, by reducing the minimum required rear yard setback from 7.5 metres to 6.9 metres and by reducing the visibility triangle from 7.5 metres x 7.5 metres to 7.5 metres x 5 metres, as it meets the intent of the Official Plans and Zoning By-law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: August 11, 2011 LAST DAY OF APPEAL: August 31, 2011 8-101 Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: Report #: PSD-077-11 File #: PLN 26.15.3 Subject: REFURBISHMENT AND CONTINUED OPERATION OF THE DARLINGTON NUCLEAR GENERATING STATION MUNICIPALITY OF CLRRINGTON COMMENTS — DRAFT SCOPING INFORMATION DOCUMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-077-11 be received; 2. THAT Council endorse the comments on the Draft Scoping Information Document for the Refurbishment and Continued Operation of the Darlington Nuclear Generating Station as set out in the August 22, 2011 letter from the Director of Planning Services to the Canadian Nuclear Safety Commission, being Attachment 3 to Report PSD-077-11; and 3. THAT a copy of Report PSD-077-11 and Council's decision be forwarded to the Canadian Nuclear Safety Commission and Ontario Power Generation. Submitted by: Reviewed byr_ David J. rome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer JAS/FL/df 26 August 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-102 REPORT NO.: PSD-077-11 PAGE 2 1. BACKGROUND AND PURPOSE OF REPORT 1.1 Ontario Power Generation (OPG) has initiated the approvals process necessary to permit the refurbishment of the four reactors at the Darlington Nuclear Generating Station (DNGS) and their continued operation to about 2055. Related activities will include site preparation, the construction of storage buildings and support buildings/structures, and the interim management of used nuclear fuel on-site. 1.2 On July 21, 2011, the Canadian Nuclear Safety Commission (CNSC) issued the "Draft Scoping Information Document for the Refurbishment and Continued Operation of the Darlington Nuclear Generating Station" (Attachment 2). The CNSC also sent a letter to the Mayor inviting the Municipality to provide comments on the draft document by August 22, 2011, the end of the public comment period. 1.3 In order to meet the commenting deadline, the Director of Planning Services submitted a letter to the CNSC with the the Municipality's comments on the draft document (Attachment 3). The letter was reviewed by the Mayor prior to its submission. 1.4 The purpose of this report is to obtain Council's endorsement of the comments on the. "Draft Scoping Information Document for the Refurbishment and Continued Operation of the Darlington Nuclear Generating Station", as set out in Attachment 3. 2. OVERVIEW OF DRAFT SCOPING INFORMATION DOCUMENT 2.1 The purpose of the Scoping Information Document is to: • Establish the scope of the Environmental Assessment (EA) being carried out by OPG for the Refurbishment and Continued Operation of the Darlington Nuclear Generating Station; and • Provide OPG with project-specific guidance for the conduct of environmental technical studies. 2.2 The draft document requires the EA to: • Describe the physical works and any specific undertakings related to the Project; • Describe the existing environment (atmospheric, surface water, aquatic, hydrogeology/geology, terrestrial, socio-economic, land and resource use, physical and cultural heritage, human health); • Identify any potential interactions between the Project and the environment; • Describe proposed measures to mitigate the adverse effects of the Project on the environment; 8-103 REPORT NO.: PSD-077-11 PAGE 3 • Assess the cumulative effects of the Project with other projects and activities that may overlap with the Project temporally and geographically; • Determine any likely residual adverse effects after mitigation measures have been applied and the significance of those effects; • Describe a Follow-Up Program to verify predictions of environmental effects identified in the EA, to determine the effectiveness of mitigation measures, and to support the implementation of adaptive management measures to address previously unanticipated adverse environmental effects, and • Identify and discuss any lessons learned from the recent events at the Fukushima nuclear plant in Japan. 2.3 The Draft Scope Document notes that federal regulations require the Project to be subject to a Screening Level EA and proposes that the Project follow a complex (rather than a simple) screening track. Factors considered in this determination included the fact that no EA was prepared when the DNGS was originally built, and the increased level of public interest in nuclear-related projects and activities resulting from the events in Japan. 3. MUNICIPALITY'S COMMENTS ON DRAFT SCOPING DOCUMENT 3.1 The Municipality's comments on the Draft Scoping Information Document (Attachment 3) note that, in general terms, the factors and issues outlined in the document are appropriate for the Project as defined by OPG and achieve their intended purpose. 3.2 The letter also specifically commented on the events at Fukushima, noting that the evaluation of this event, together with other safety initiatives being undertaken by OPG and the CNSC, will help to ensure that the DNGS will continue to operate safely. This in turn will help to maintain and re-enforce the public's continued confidence in the safety of the Station. 3.3 As noted above, the Project will involve the interim storage of used nuclear fuel on-site. The letter noted that the Municipality is concerned that a long term storage facility for the used nuclear fuel will not be available by mid-century when the DNGS reaches the end of its operating life, In this regard, the Municipality supports the development of a long term management solution that would involve the used fuel being transported to a suitable facility off-site. 3.4 The letter noted a concern with the statement in the draft Document that "identified changes in socio-economic conditions ..... should be limited to those that are likely to result from the predicted changes that the project is likely to cause to the environment". Given the potential cumulative effects from all of the large construction projects to be undertaken in the vicinity of the DNGS, the Municipality is concerned that this provision may result in a less rigorous review of project-related changes to the socio-economic environment, such as traffic disruptions. 8-104 REPORT NO.: PSD-077-11 PAGE 4 4. CONCURRENCE: Not applicable 5. CONCLUSION 5.1 Staff has found the draft Scoping Information Document to be generally appropriate for the Darlington Refurbishment and Continued Operations Project and recommends that the Municipality's comments on the document previously submitted to the CNSC be endorsed. 5.2 The Municipality has retained a team of consultants to peer review the draft Environmental Impact Statement (EIS) and supporting technical documents prepared by OPG for the Refurbishment and Continued Operations Project. Staff and the peer review team will be reporting to Council on the results of this peer review in Fall 2011. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development X Maintaining financial stability Connecting Caarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Janice Szwarz, Principal Planner Attachments: Attachment 1: Glossary of Terms Attachment 2: Draft Scoping Information Document Attachment 3: August 22, 2011 Letter to CNSC List of interested parties to be advised of Council's decision: Andrew McAllister, Directorate of Environmental and Radiation Protection and Assessment John Peters, Ontario Power Generation 8-105 Attachment 1 To Report PSD-077-11 GLOSSARY OF TERMS CNSC Canadian Nuclear Safety Commission DNGS Darlington Nuclear Generating Station EA Environmental Assessment EIS Environmental Impact Statement MPRT Municipal Peer Review Team OPG Ontario Power Generation 8—� 06 Attachment 2 To Report PSD-077-11 °R >y� E� `w r Proposal by Ontario Power Generation for the Refurbishment and Continued Operation of the Darlington Nuclear Generating Station'in, the Municipality of Clarington, Ontario Draft Scoping Information Document July 2011 CEAR 11-01-62516 mom July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarin ton Ontario OVERVIEW INTRODUCTION OF PROJECT The Canadian Nuclear Safety Commission(CNSC)has received a Project Description [Reference 1 and 2] from Ontario Power Generation(OPG) for the proposed refurbishment and continued operation of the Darlington Nuclear Generating Station(DNGS) in the Municipality of Clarington, Ontario. Based on its review of the Project Description, the CNSC has determined that an EA must be conducted pursuant to the Canadian Environmental Assessment Act(CEAA). OPG's project is called the"Darlington Nuclear Generating Station(DNGS) Refurbishment and Continued Operation Project" and it'is..registered in the Canadian Environmental Assessment Registry under project number 11-01-62516. PURPOSE OF.SCOPING INFORMATION DOCUMENT The purpose of this Scoping Information Document is to: 1. Establish the scope of the EA being carried out for OPG's DNGS Refurbishment and Continued Operation Project. 1. Provide OPG with project-specific guidance for the conduct of the environmental technical studies. CONTACTS FOR THE ASSESSMENT Anyone wishing to obtain additional information or provide comments on any aspect of the EA berg conducted on the project may do so through the following CNSC staff contacts. Andrew McAllister Daniel Desjardins Environmental Assessment Specialist Senior Regulatory Program Officer Environmental Assessment Division Darlington Regulatory Program Division Canadian Nuclear Safety Commission Canadian Nuclear Safety Commission 280 Slater'Street, P.O. Box 1046 280 Slater Street,P.O. Box 1046 Ottawa, Ontario KIP 5S9 :.,- Ottawa, Ontario KIP 5S9 Phone: 1-800-668-5284 Phone: 1-800-668-5284 Fax: (613) 995-5086 Fax: (613) 995-5086 Email: EAna,cnsc-ccsn.gc.ca e-DOC 3734740 -i- CEAR 11-01-62516 8-108 July 2011 Draft Scoping Information Document- Proposal by OPG-Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarington Ontario Table of Contents OVERVIEW........................................................................................................................i 1. BACKGROUND .................................................................................................... 1 1.1 Project Description.................................................................................................. 1 1.2 EA Determination................................................................................................... 1 1.3 Project Coordination......................................................:........................................ 2 1.4 Delegation of Technical Studies.....:.................. 1.5 EA Project Schedule............................................................................................... 3 2. SCOPE OF THE ENVIRONMENTAL ASSESSMENT...'.:.. .............................. 4 2.1 Scope of the Project...............................................I....... ..................................... 4 2.2 Factors to be Considered in the EA........................ ....... 6 2.3 Scope of the Factors.................................................. ............ 1..............................:6 2.3.1 Spatial Boundaries of the Assessment.. ... .............. ........................... 7 2.3.2 Temporal Boundaries of the Assessment.......................... ........................ 7 2.4 Assessment of Public Participation........................................................ ......... 8 ... ...... 2.5 Aboriginal Participation....................: .................. .................... ......... ............. 9 2.6 Determining the Type of Screening EA Process ........ 3. PROJECT-SPECIFIC INFORMATION REQUIREMENTS .............................. 10 3.1 Project Overview and Schedule ,.............. .. ........................................ 10 3.2 Proponent Organization.............. .................... .. .............................I... 10 3.3 Purpose of the Project............. ... ....... ..... ......... ...............I.... 10 ...... .. .... .... 3.4 Physical Components and Activities of the Project. :...................................... 10 3.4.1 Site Preparation and Construction of New Structures.............................. 11 3.4.2 Refurbishment Activities...... `:.......... .................................................... 11 3.4.3 Normal Operations, General Information and Design Characteristics..... 12 3.4.4 Potential Malfunctions and Accidents.,, ......................................................... 14 3.4.5 Decommissioning ........ ................ 14 ... .............. ........... 3.5 Description of the Existing Environment............................................................. 15 3.6 Constituents'of Potential Concern.............................. 17 Valued Ecosystem Components ................................................................... 17 4. ASSESSMENT AND MITIGATION OF ENVIRONMENTAL EFFECTS....... 18 4.1 Description of Assessment Methods..................................................................... 18 4.2 Identifying Project-Environment Interactions...................................................... 18 4.3 Identifying Likely Changes to the Environment................................................... 19 4.4 Determining:Likely Residual Adverse Effects........................ I......................I...... 19 4.5 Assessment of Effects of the Environment on the Project.......:............................ 20 5. ASSESSMENT OF CUMULATIVE EFFECTS..................................................21 6. SIGNIFICANCE OF THE RESIDUAL EFFECTS .............................................21 7. FOLLOW-UP PROGRAM.:..................................................I....I................:........22 8. REFERENCES ..................................................................................................... 24 APPENDIX A. ASSESSMENT OF PUBLIC PARTICIPATION................................... 26 APPENDIX B. DETERMINATION OF THE TYPE OF SCREENING ........................29 APPENDIX C. PROJECT-ENVIRONMENT INTERACTIONS MATRIX................ 31 - e-DOC 3734740- - I- CEAR 11-01-62516 8-109 July 2011 Draft Scoping Information Document- Proposal by OPG - Refurbishment and Continued Operation - Darlington Nuclear Generating Station, Clarin ton Ontario 1. BACKGROUND 1.1 Project Description On April 28, 2011, Ontario Power Generation(OPG) wrote and provided a project description to the CNSC, indicating their intent to refurbish and to continue to operate the four reactors at the Darlington Nuclear Generating Station (DNGS) with a view of extending their operating lives until about 2055 [Reference 1 and 2]. In brief, the project description indicates that refurbishment will require that a number of major components in each reactor be inspected,and serviced, including replacement as applicable, during a planned outage.. A keyTefiubishment activity will be removal and replacement of the fuel channel assemblies and feeder pipes in the reactors. Following the planned outage for each reactor, the refurbished unit will be refuelled and returned to full power operation. No more than two reactors will be in refurbishment outages at any given.time. Ongoing operation after refurbishment,including ancillary systems;witl,iliclude`routine scheduled maintenance activities and inspections. The on-site Darlington Waste Management Facility will be'exp,anded(i.e., additional storage buildings) to accommodate waste from refurbishment and continued'operations. 1.2 EA Determination The DNGS site is currently licensed as a Class 1 Nuclear Facility under Power Reactor Operating Licence (PROL 13.14/2013) and the Darlington Waste Management Facility (DWMF) is licensed as a Class 1B Nuclear Facility under Waste Facility Operating Licence(WFOL=W4-355.02/2012). In order for OPG to,undertake the proposed activities required to refurbish and continue to operate the DNGS, amendments to both the DNGS and DWMF licences pursuant to section 24 (2) of the Nuclear Safety,and Control Act(NSCA) are required. The amendment of,4 licence is a power exercised under the authority set out in subsection 24(2) of the NSCA, which is listed as a `trigger' under the Law List Regulations of the.Canadian Environmental Assessment Act(CEAA). Therefore, there is a `trigger' pursuant to paragraph 5(1) (d) of the CEAA. The proposed refurbishment and continued operation of the DNGS is an undertaking in relation to physical work and, as such, is defined as a `project' pursuant to section 2(1) of the CEAA. There is both a `project' and a `trigger' for OPG's proposal, and the Exclusion List Regulations do not apply. Therefore, an environmental assessment.(EA) is required to be conducted prior to the CNSC taking any licensing action. As this proposal is not listed on the Comprehensive sive Study List Regulations of the CEAA, a screening EA is required. e-DOC 3734740 - 1 - CEAR 11-01-62516 8-110 July 2011 Draft Scoping Information Document- Proposal by OPG-Refurbishment and Continued Operation - Darlington Nuclear Generating Station Clarin ton Ontario If the Commission concludes from the EA that the project is not likely to cause significant adverse effects,taking into account the available mitigation measures, subsequent applications (i.e.,to amend the Power Reactor Operation Licence and/or the Waste Facility Operating Licence) would be evaluated under the provisions of the NSCA and its regulations prior to the Commission making any licensing decision. In addition to the EA, another element of refurbishment planning is that OPG is conducting an Integrated Safety Review(ISR) of the DNGS in accordance with CNSC RD-360 Life Extension of Nuclear Power Plants [Reference 3]. Incases where the decision is made to implement life extension and an EA is carried out, the results of the EA and the ISR are incorporated into an Integrated Implementation Plan that describes the program for corrective actions and safety improvement. 1.3 Project Coordination Pursuant to the CEAA Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures acid Requir°ements,the CNSC has consulted with other federal departments to determine whether they are likely to exercise a power, function, or duty under,section 5 of the CEAA and/or whether they possess expert assistance that could be.used during the assessment, in accordance with subsection 12(3);of the CEAA. The CNSC is a Responsible Authority(RA)under the CEAA identified for.this screening. DFO has declared itself to be a likely RA because the-,continued operation of the DNGS, specifically the condenser cooling water system;wh require air authorization under section 32 of the Fisheries Act, for.,the destruction of fish by any means other than fishing (e.g., impingement) if an:application for;authorization is received. Section 32 of the Fisheries Act is a `trigger' under the Law List Regulations of the CEAA. Health Canada(HC),Natural Resources Canada(NRCan) and Environment Canada(EC)have been identified as Federal Authorities for the purpose of providing expert assistance:to CNSC and DFO staff during the EA. CNSC will act as the Federal.Environmental Assessment Coordinator for this EA. The CNSC also consulted the Ontario Ministry of the Environment(OMOE)to determine whether there are provincial EA requirements under the Ontario Environmental Assessment Act and other provincial legislation that are applicable to the proposal.No provincial EA is required; however, CNSC staff will keep the OMOE informed throughout the EA process. 1.4 Delegation of Technical Studies The CNSC and DFO, in accordance with subsection 17(1) of the CEAA, delegate to OPG the conduct of technical support studies for the environmental assessment and the preparation of an Environmental Impact Statement(EIS)to be submitted to CNSC staff and DFO for review. When the EIS is accepted as satisfactory, CNSC staff, with the aid of DFO, will prepare an EA Screening Report and submit it to the Commission and DFO Habitat Team Leader for consideration and decision. e-DOC 3734740 -2- CEAR 11-01-62516 8-111 July 2011 Draft Scoping Information Document-Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarin ton Ontario 1.5 EA Project Schedule Pursuant to the approved process for complex screenings at the CNSC, the following steps, activities and timelines have been identified by CNSC staff and discussed with DFO, other federal authorities and the proponent. The EA Process Schedule(Table 1-1) is in accordance with CNSC INFO-0774 Environmental Assessment Screening Process at the CNSC. Table 1-1 EA Process Schedule Project Milestone Lead Responsibility Date Public review of Scoping CNSC July/August 2011 Information Document Submission of Commission CNSC September 2011 Member Document (CMD) on Scoping Information Document Conunission Decision on Commission TBD Scoping Information Document Submission of EIS OPG December 2011 Review of EIS by Federal and RA(s) March 2012 Responsible Authorities Response to Review RAW April 2012 Comments Preparation of draft EA RA(s) June 2012 Screening Report Public Review of EA CNSC July 2012 Screening Report Review of EA Screening RA(s) July 2012 Report by Federal and Responsible Authorities Finalize EA Screenin=Re ort RAs August 2012 Coimriission Hearing on:EA Commission November 2012 Screening Report Responsible Authority RA(s) TBD Decision on EA Screening Report Commission Decision on EA Commission TBD Screening Report e-DOC 3734740 -3 - CEAR 11-01-62516 8-112 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarin ton Ontario 2. SCOPE OF THE ENVIRONMENTAL ASSESSMENT 2.1 Scope of the Project In establishing the scope of a project for a screening environmental assessment under the CEAA, the physical works (e.g., facilities)that are involved in the proposal and any specific undertakings that will be carried out in relation to those physical works must be determined. The physical works in this case are the four reactor units at the DNGS and ancillary systems necessary for their operation through;to about 2055. The proposed undertakings in relation to the physical works are the refurbishment and continued operation of these units until about 2055. Decommissioning is not part of the scope of project; however, a description of the preliminary decommissioning plan will be required for this EA. Decommissioning will be subject to the requirements under the NSCA and a determination regarding the application of the CEAA'will be made at that time. The scope of project will consider refurbishment activities, including: • Site preparation and construction of storage (eg., interim storage of low and intermediate-level wastes) and support buildingslstructures, generally within the Protected Area, including:' o Retube Waste Storage Building(s) (not withift the Protected Area); o Heavy Water Storage Building(HWSB); o Offices;;shops and changerooms; and o Other structures that may be necessary(e.g.,building to house volume reduction equipment):' • Refiubishinent activities at each of the four reactor units comprising of the following activities: o Defuelling and dewatering of the reactor; o `_Management of heavy water during refurbishment, including transfer to the Heavy Water Storage Building; o Replacement of reactor components, including fuel channel assemblies and feeder pipes; • Repair,maintenance and upgrades of systems and components for balance of plant; • Preparation of low and intermediate-level refurbishment waste for storage; • Transfer of low and intermediate-level refurbishment waste on the Darlington site; and • Management of non-nuclear waste; e-DOC 3734740 -4- CEAR 11-01-62516 8-113 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation-Darlington Nuclear Generating Station Clarin ton Ontario • Interim storage of low and interniediate-level irradiated component refurbishment waste at the DWMF,or immediate transport off-site to the Western Waste Management Facility (WWMF) or another approved licensed. facility for centralized storage in a certified container; Transport off-site to the WWMF or another approved licensed facility for centralized storage of low and intermediate-level miscellaneous refurbishment waste; • Transport of materials, labour force and replacement components to the site; and • Refuelling and restarting the reactors. The scope of project will consider the following activities related to the continued operation of the refurbished power reactors until about 2055 and the.subsequent achievement of a safe state of closure, including: • Continued operation of the refurbished`reactor units and ancillary support systems; • Management of operating low and intermediate-level radioactive waste; • Construction of additional storage capacity at the DWMF Darlington Used Fuel Dry Storage Facility(DUFDSF) for the used nuclear fuel to be produced from the proposed continued operation.of the DNGS units; • Interim storage of used fuel at the DUFDS.F and the refurbishment waste at the DWMF; • Conduct of ongoing:maintenance and repair, which may include the replacement of steam'generators; • Management`of ongoing:operational non-radioactive waste • "Transporl of routineoperational low and intermediate-level waste to the WWMF or long-term wastem , anagement facility; and • Operational activities required to achieve a safe state of closure prior to decommissioning. In addition, the scope of project for this EA will also include the assessment of all waste management-related activities including waste reduction activities and decontamination. There are other projects and activities related to the DNGS which do not fall within the scope of the current project. These projects and activities have been the subject of other CNSC licences and include the expansion of low and intermediate waste storage capacity at the WWMF for routine operational and refurbishment wastes. A screening level EA for this increased capacity at the WWMF was completed and received a favourable EA decision from the CNSC on February 15, 2006. It should be noted that the WWMF receives the routine operational wastes from all of Ontario's power reactors, including Darlington, and is also the e-DOC 3734740 -5 - CEAR 11-01-62516 8-114 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station Clarin ton, Ontario candidate site to receive for storage the low and intermediate level refurbishment waste from the Darlington refurbishment project. 2.2 Factors to be Considered in the EA The scope of the screening environmental assessment under the CEAA must include all the factors identified in paragraphs 16(1) (a) to (d) of the CEAA. These are: a) the environmental effects of the project, including the environmental effects of malfunctions or accidents that may occur in connection with the project, and any cumulative environmental effects that are likely to result from the project in combination with other projects or activities that have been or will be carried out; b) the significance of the effects identified in a) above; c) comments from the public that are received in accordance with the CEAA and its regulations; and d) measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project. The CEAA defines an"environmental effect"in respect of a project as: (a) "any change that the proje'ct,may cause in the environment, including any change it may cause to a listed wildlife species, its critical habitat or the residences of individuals of that species,as those terms are defined in subsection 2(1) of the Species at Risk Act, (b) any effect of any change referred to in paragraph (a) on (i) health and socio-economic conditions; (ii)physical and cultural heritage; (iii) the current use of lands and resources for traditional purposes by aboriginal persons or (iv) any structure,site or thing that is of historical, archaeological, paleontological or architectural significance, or (c) any change to the project that may be caused by the environment, whether any such change or effect occurs within or outside Canada." Paragraph 16(1)(e)provides for CNSC discretion to require consideration of other matters. The CNSC:has determined that the EA must include the purpose of the project(Section.13), as well as a preliminary design and implementation plan for a follow-up program(Section 7.0). Additional or more specific factors or issues to address in the EA may be identified during the conduct of the EA. 2.3 Scope of the Factors Pursuant to section 15 of the CEAA, the CNSC must determine the scope of the factors, or the extent to which the factors in the screening need to be considered in the EA. The scope of factors identifies the geographical, spatial and temporal boundaries of the assessment, conceptually bounded in both time and space. e-DOC 3734740 - 6- CEAR 11-01-62516 8--115 July 2011 Draft Scoping Information Document-Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station Clarin ton, Ontario Both the spatial and temporal boundaries will remain flexible during the assessment to allow the full extent of a likely environmental effect to be considered in the screening. For instance, should the results of modelling demonstrate that there is dispersion of a contaminant that is likely to cause an environmental effect beyond the boundaries identified, it will be taken into account in the assessment. 2.3.1 Spatial Boundaries of the Assessment The geographic study areas for this screening will encompass the areas of the environment that can be reasonably expected to be affected by the project, or which may be relevant to the assessment of cumulative,environmental effect, including to people; wildlife and noii-human biota; land;water; air and other aspects of the natural and human environment. Study area boundaries will be defined taking into account ecological, technical and social/political considerations. The following geographic study areas are suggested; The Site Study Area: Includes the facilities,buildings and infrastructure at the DNGS facility and the area within the 914 metre exclusion zone for the site which encoinpasses both land surface and part of Lake Ontario water surface. Local Study Area: Comprised of.an area'which H68'outside of the Site Study Area. It includes all lands encompassed within the 10 km Emergency Planning Zone as identified by Emergency Management Ontario, along with all of the Municipality of Clarington and the easterly urbanized portion of the City of Oshawa:It also,includes the stretch of Lake Ontario between the outer limits of the Local Study Area out to a distance of approximately 1 km from shore. Regional Study Area: Extends beyond the Local Study Area and can be defined as the area within which there is the potential for cumulative and socio-economic effects. It includes the municipalities that are within 20 km of the DNGS. Aquatically, it extends westerly along Lake Ontario to the Pickering Nuclear Generating Station (approximately 35 kms) and easterly for approximately 35 kms, out to a distance of approximately 1 km from shore. 2.3.2 Temporal Boundaries of the Assessment The temporal boundaries for this assessment must establish over what period of time the project-specific and cumulative effects are to be considered. The initial time frame for the assessment will be the duration of the project; that is, the planned operational life of the DNGS through to 2055. Where effects of the project are anticipated to continue beyond the operation of the facility(for e-DOC 3734740 -7- CEAR 11-01-62516 8-116 July 2011 Draft Scoping Information Document- Proposal by OPG - Refurbishment and Continued Operation - Darlin ton Nuclear Generating Station, Clarin ton Ontario example, as a result of environmental contamination from the project), then a time frame appropriate for describing the extent of the longer-term residual effects must be defined. For example, for cumulative effects, it is important to consider that the duration of response time of biological populations to recover typically extends beyond the time after which any project source term is mitigated or shut down since it takes time to remove any adaptation/acclimation. This effects response time can span several decades for long-lived species such as white sucker, round whitefish and lake sturgeon. 2.4 Assessment of Public Participation In accordance with section 18(3) of the CEAA,the CNSC is responsible for determining the need for and level of public participation of a proj ect. Based on the public participation criteria and rationale(Appendix A), OPG's DNGS Refurbishment and Continued Operation Project was determined to require public participation. In addition, it has been determined that CNSC's Participant Funding Program will be made available for OPG's DNGS Refurbishment and Continued Operation Project in order to give the public, Aboriginal groups and other stakeholders the opportunity to request funding from the CNSC to participate in its EA process. It is anticipated that such funding would be made available leading up to the development of the EA Screening Report and subsequerit public hearing. . The CNSC will perform the following public participation activities: • Post Notice of Commencement of EA on both the CNSC website and the Canadian,Invironmental Assessment Registry once federal coordination is completed; • Post notice of availability of draft Scoping Information Document and allow a 30-day review and,comment period, anticipated for July/August 2011; • Post notice of availability of participant funding to review the draft EA Screening Report and participate in the public hearing; Award participant funding if appropriate; • Post,notice of availability of draft EA Screening Report and allow a 30-day review-and comment period, anticipated for July 2012; • Post hearing notice, to allow interested parties the opportunity to participate in the one-day public hearing on the EA Screening Report.; and • Conduct a one-day public hearing on the EA Screening Report. Other public.participation opportunities (e.g., workshop) may arise if deemed necessary. Notification to interested parties of these other potential public participation opportunities will happen in a timely fashion. Details on public consultation activities being undertaken by OPG can be found at: http://www.opg.com/power/nuclear/refurbishment/dii getinvolved asp e-DOC 3734740 - $ - CEAR 11-01-62516 8-117 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarin ton, Ontario 2.5 Aboriginal Participation Aboriginal groups whose potential or established Aboriginal or treaty rights may potentially be adversely affected by the project will be provided with project specific information. The CNSC, as Crown Consultation Coordinator, will engage with any interested Aboriginal group to share information and address concerns on behalf of the federal government. The EA process is flexible, and intended to ensure that all concerns raised will be addressed. Interested Aboriginal groups will also be able to comment on the draft Scoping Information Document and draft EA Screening Report during the planned public review periods for these documents. The EIS should include a description of OPG's Aboriginal,Engagement Program. 2.6 Determining the Type of Screening EA Process Criteria are used to determine whether screening EAs at the CNSC can follow a simple or complex track; depending on the potential risk that the proposal would have on the environment and the anticipated level of public interest. Taking into consideration the criteria and supporting rationale:(Appendix B),the anticipated level of public interest(Appendix C), and other,factors (see below), CNSC staff proposes to follow the "complex screening track for OPG's DNGS Refurbishment and Continued`Operation Project. Other factors that were considered in this determination are as follows: • The existing DNGS facility has not been subjected to an EA previously. • The events of Fukushima have elevated the level of public interest in nuclear- related projects and activities. • OPG's DNGS.Refurbishment and Continued Operation Project represents a large scale project(e.g."in terms;ofcosts, time to complete, etc.). e=DOC 3734740 -9- CEAR 11-01-62516 8-118 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station Clarin ton Ontario 3. PROJECT-SPECIFIC INFORMATION REQUIREMENTS 3.1 Project Overview and Schedule The EIS must identify and characterize the undertakings and the activities in relation to those undertakings that are required for the proposed project. An overview of the proposed project, together with a proposed schedule for all phases of the project is required. 3.2 Proponent Organization The EIS will include a detailed description of OPG, including its ownership, organization and structure. This description will also include the relevant organizational and management structure, and staff qualification requirements with emphasis on safety and environrnentalmanagement programs. 3.3 Purpose of the Project The "purpose of the project is defined as what is to be achieved by carrying out the project. The screening report will provide a clear and comprehensive statement of the purpose of the project. The need for the electricity to be generated by OPG would involve consideration of broader public policy issues that are under the authority of the Province of Ontario and over which the CNSC has no regulatory;authority. Consequently this matter is not within the.scope of this EA. Similarly,the separate questions of"alternatives"to the project for generating electricity such as by building a hydroelectric facility or conserving energy are matters under the authority of the Province of Ontario and are beyond the CNSC's legislated mandate and,control'under the NSCA. Furthermore, this is an EA for a specific'proj bet,rather than for a policy direction. "Alternative means"of carrying out the project such as location, or alternative means of refurbishing components are not relevant given DNGS is an existing facility of a particular design. 3.4 Physical Components and.Activities of the Project An adequate description of the project is necessary to permit a reasonable consideration in the screening of the environmental effects of the project. The main objective of the project description is to identify and characterize those specific components and activities of the project that have the potential to interact with, and thus result in a likely change or disruption to the surrounding environment, during normal operations and during malfunctions and accidents. The description of the project will include and elaborate upon, the items identified in the project scope, supported with appropriate maps and diagrams. The description of the project will include a proposed schedule for the staged restart and return to service of the DNGS units. To ensure a conservative assessment approach, it should be assumed that all four DNGS reactor units will e-DOC 3734740 _ 10- CEAR 11-01-62516 8-119 July 2011 Draft Scoping Information Document- Proposal by OPG-Refurbishment and Continued Operation- Darlington Nuclear Generating Station Clarin ton, Ontario continue operating through to about 2055. The maximum effects of operation would therefore be assessed even though all units may not be actually operating simultaneously during the entire period. The DNGS is an existing licensed facility with an operating history. Actual enviromnental performance information, in addition to future perfornance predictions,will therefore be considered in describing the characteristics of the project to the extent that it is relevant to the assessment. The description of the physical components and activities of the project will refer to, and elaborate on the items identified in the scope of the project(see Section 2.1). The following information addressing the refurbislurient and the continued operation phases of the project will be provided in summary form, where applicable,reference may be made to more detailed information. 3.4.1 Site Preparation and Construction of New Structures Site preparation and construction of new structures should include but not be limited to: • Excavation, site grading, compaction,paviug,:and construction of foundations and strictures; and The toxicity and characteristics of any chemicals,,additives or speciality construction materials required (including their designation under the Canadian Environmental Protection Act(1999)). 3.4.2 Refurbishment Activities Refurbishment activities at each of the four reactor units should include but not be limited to: Defuelling (e.g., removal of fuel using fuelling machines) and dewatering of the reactor; • Management.of heavy water during refurbishment, including transfer to the HWSB to be constricted within the Protected Area; • Replacement of reactor components, including fuel channel assemblies and feeder pipes; • Modifications to containment structures to facilitate replacement of reactor components; • Repair,maintenance and upgrades of systems and components for balance of plant; • Preparation of low and intermediate-level refurbishment waste for storage, including volume reduction processing; • Transfer of low and intermediate-level refurbishment waste on the Darlington site; • Management of non-nuclear waste; e-DOC 3734740 - 11 - CEAR 11-01-62516 8-120 July 2011 Draft Scoping Information Document- Proposal by OPG - Refurbishment and Continued Operation- Darlington Nuclear Generating Station Clarin ton, Ontario • Interim storage of low and intermediate-level irradiated component refurbishment waste at the DWMF or immediate transport off-site to the WWMF or another approved licensed facility for centralized storage in a certified container; • Transport off-site to the WWMF or another approved licensed facility for centralized storage of low and intermediate-level miscellaneous refurbishment waste; • Transport of materials, labour force and replacement components to the site; and • Refuelling and associated operations (e.g.,refill primary heat transport and moderator systems, and system commissioning);,' • Returning reactors to full power; and. • The condenser cooling water system. 3.4.3 Normal Operations, General Information and Design Characterisd& General information, design characteristics and normal operations should include but not be limited to: • the location of the project;, • the planned operational life(justified on a unit-by-unit basis where applicable); • the basic configuration, layout, shape, size, design and operation of the facility. a description of normal operations for the DWMF, Heavy Water Storage Building, Tritium Removal Facility as well as any new infrastructure to be constructed for this project inside the protected area; • the key operational components and activities of the plant(following completion of refurbishment work) and ancillary systems, including a discussion of component age and wear issues where relevant to future environmental performance and reliability; • the key components of the plant and its physical security systems (excluding prescribed information), designed specifically to isolate the project from the surrounding environment, or to prevent, halt or mitigate the progress or results of malfunctions and accidents; • identify and describe engineered and administrative controls, including use of an approved margin of subcriticality for safety, which would assure that the entire (out of reactor)process will be suberitical under normal and credible abnormal conditions—accidents or accident sequences—that have frequency of occurrence equal to or greater than one in a million years; • a discussion of past events that are relevant to the assessment of future environmental performance and reliability; e-DOC 3734740 - 12 - CEAR 11-01-62516 8-121 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Caarington, Ontario • maintenance,repairs, cleaning and decontamination during planned shutdowns and outages, including replacement of steam generators if necessary; • the stored inventories of radioactive and other hazardous materials used as part of the project, including locations and storage methods, and criticality control plans; the estimated activity in Bq of the waste that will be generated and stored at each of the waste management areas as a result of refurbishment; • the sources,types and quantities of radiological and non-radiological waste, including hazardous waste, predicted to be generated by the project; the on-site processes for the management of radioaetive;and non-radioactive waste, including hazardous waste, such as collection,handling and transportation, to be generated by the project;, • the sources, quantities,physical and chemical characteristics, dii&points of release from the project of routine radiological and non-radiological emissions and effluents,including thermal(heat)releases, • the area of exposure to the physical effects of the discharge jets and intake structure associated with the condenser cooling water system; the predicted doses to workers., including doses to contract workers, involved with the operations and activities that are within the scope of this project; • the sources and characteristics of any fire hazards; the sources and characteristics of any noise, odour, dust and other likely nuisance effects from the project, results of past emission and effluent monitoring at the DNGS site as relevant .to establishing a pre-project environmental baseline and making future predictions of environmental performance. Limitations in the coverage and/or accuracy of past monitoring information should be discussed; the predictions of future emissions and effluents from the project under normal operating conditions; • the Sources and characteristics of any potential risks (including radiological risks)to workers, the public or the environment from the project; • key operational procedures relevant to protection of workers,the public and the environment relating to the project, including the criticality control program; and • a description of the relevant organizational and management structure, and staff qualification requirements with emphasis on safety and enviromnental management programs; and • end of operational activities to achieve a safe state of closure prior to decommissioning, including but not limited to: e-DOC 3734740 - 13 - CEAR 11-01-62516 8-122 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station Clarin ton Ontario • removal of fuel from reactor; and • draining and drying of reactor. 3.4.4 Potential Malfunctions and Accidents The discussion and evaluation of potential malfunctions and accidents should include the following: • an identification and discussion of any past abnormal operations, accidents and spills to the extent that they are relevant to the current assessment for the purpose of identifying accident and malfunction scenarios; • a description of postulated accident sequences leading to radiological release that could occur with a frequency greater than 10-6.' year considering as appropriate internal events,internal hazards, external`hazards and human- induced events, including an explanation of how these events were identified, and any modeling that was performed, for the purpose of this environmental assessment; • a description of specific criticality events (out of reactor) and a demonstration that consequences of the events do not violate criteria established by international standards [Reference 4] and national guidance [Reference 5] as a trigger for a temporary public evacuation; • a description of specific conventional malfunction and accident events that have a reasonable probability of occurring during the life of the project, including an explanation of how;.these'events were identified for the purpose of this environmental assessment'< • the source,"quantity,"'Mechanism,pathway,rate, form and characteristics of contaminants._and other materials (physical, chemical and radiological) likely to be released to the surrounding environment during the postulated malfunctions and accidents; • an assessment of potential health and environmental effects resulting from the release of contamination during any postulated malfunction or accident; • any contingency,I clean-up or restoration work in the surrounding environment that would be required during, or immediately following, the postulated malfunction and accident scenarios; and • an identification and discussion of any lessons learned from the events at Fukushima to the extent that they are relevant to the assessment of malfunctions and accidents for this project. 3.4.5 Decommissioning A preliminary decommissioning plan for the facility will be included in the assessment. The preliminary plan will document the preferred decommissioning strategy, including a justification of why this is the preferred strategy. It will also include end-state objectives,the major decontamination, disassembly and remediation e-DOC 3734740 - 14- CEAR 11-01-62516 8--123 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station Clarin ton Ontario steps; the approximate quantities and types of waste generated; and an overview of the principal hazards and protection strategies envisioned for decommissioning. 3.5 Description of the Existing Environment A description of the existing environment is needed to determine the likely interactions between the project and the sm-rounding environment and, conversely, between the environment and the project. Both the biophysical environment and the socio-economic (human, cultural) environment are to be considered. This section of the EIS must provide a baseline description of the environment, including the components of the existing environment and environmental processes,their interrelations and-interactions as well as I&variability in these components,processes and interactions over time scales appropriate to this EIS. The proponent's description of the existing environment must b.e in sufficient detail to permit the identification, assessment and determination of the significance of potentially adverse environmental effects that may be caused by the project, to adequately identify and characterize the beneficial effects of the project, and provide the data necessary to enable effective testing of predictions during the follow-up program, The baseline description should include results from studies:done prior to any physical disruption of the environment due to initial site clearing activities planned as part of the site preparation phase.-The baseline description must include characterization of environmental conditions`resulting from historical and present activities in the local and regional study area(see Section 5 Assessment of Cumulative Effects). An inventory of radiological and non-radiological contaminants at the DNGS site should be included. The EIS must compare baseline data with applicable federal,provincial,municipal or other legislative requirements, standards, guidelines or objectives (e.g., Reference 6 and 7). An initial screening of likely project-environment interactions will be used in identifying the relevant components of the environment that need to be described. The environmental components should be further divided into environmental sub- components as appropriate. In general,the environmental components that are typically described in the various study areas may include, but are not necessarily limited to Atmospheric Environment: • radioactivity in the atmospheric environment; • . air quality(physical and chemical); • noise/dust; and • meteorological conditions. Surface Water Environment(on-site and Lake Ontario): • radioactivity in surface water and sediments; • surface water and sediment quality (physical and chemical); • surface hydrology(flow/level); and e-DOC 3734740 - 15 - CEAR 11-01-62516 8-124 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station Clarin ton Ontario • drainage alteration. Aquatic Environment(on-site and Lake Ontario): • radioactivity in aquatic biota; . • aquatic biota; and a aquatic habitat. Hydrogeology/Geology: • radioactivity in groundwater(e.g., tritium); • groundwater quality (physical and chemical); • hydrogeology; • geology and geotechnical data(including human-made geotechnical structures) ; and • seismic activity. Terrestrial Environment: • radioactivity in terrestrial environment; • vegetation communities and species; • wildlife habitat and species, aril • soil quality(chemical and physical),and The description of the human components of the above environment may include, but should not.riecessarily be limitedto: Socio-economic Conditions: • communities and population; • employment and business activity; • community infrastructure and services; • regional health services and public health infrastructure; and • transportation system. Land:and Resource Use: • use of lands and resources for traditional purposes by aboriginal persons; ® other uses (e.g., recreational, forestry,hunting, trapping); and • existing.and planned use of water resources (e.g., drinking or recreation). Physical and Cultural Heritage: ® archaeology; and • cultural landscapes. Human Health: ® radiation dose to general public; radiation dose to workers; ® radiation dose to the critical group; e-DOC 3734740 - 16 - CEAR 11-01-62516 8-125 July 2011 Draft Scoping Information Document- Proposal by OPG-Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarin ton, Ontario • chemical exposure to public; • chemical exposure to workers; and • physical hazards. The required level of detail in the description of the existing environment will be less where the potential interactions between the project and various components of the environment are weak or remote in time and/or space. Existing information(e.g.,baseline data, traditional knowledge;etc.) may be used to describe the environment. Where relevant existing information is significantly lacking, additional research and field studies may be required to complete the screening assessment. CNSC staff will review any work.done by OPG to fill identified gaps in information as progress is being.made. . 3.6 Constituents of Potential Concern Constituents of potential concern(COPCs)are the contaminants that could potentially be released to the environment as a result of the proposed project, and may cause a change to one or more of the environmental components. Any relevant COPCs must be identified in the description of the existing environment. To assess effects on the biophysical environment,it is.necessary to identify the criteria against which the effects of COPCs will be measured. These criteria are collectively called the criteria of assessment. Several types of criteria may be used including published guidelines that are intended to,be protective of all species and toxicity reference,values that are species specific and used to assess the risks of potential effects. Where: oxicity reference values are used,preference is given to peer-reviewed sources. :> 3.7 Valued Ecosystem Components The:assessment of environmental effects on the biophysical environment focuses on valued ecosystem components (VECs). VECs are environmental attributes or components identified as havuig a legal, scientific, cultural, economic or aesthetic value. The term NEC"is sometimes applied to all components of the environment including air, land, soil, water, aquatic and terrestrial plants and animals and people. VECs in the existing environment will be identified and used as specific assessment end-points. Measurement end-points will be identified, as appropriate,: Explicit calculation of radiation doses to non-human biota should be performed with recognized approaches and software tools. Details of transfer parameters and their validation for site conditions should be well-documented. Site-specific data, and/or authoritative data sources, should be used to support model structure and parameter choices. Particular attention should be paid to the choice of food chain transfer factors for VECs,which can vary by orders of magnitude in different environments for different species. e-DOC 3734740 - 17- CEAR 11-01-62516 8-126 July 2011 Draft Scoping Information Document-Proposal by OPG - Refurbishment and Continued Operation-Darlington Nuclear Generating Station, Clarin ton, Ontario Use of any software tool is acceptable if it can address risks to VECs explicitly or by reasonable analogy. If the approach of Environment Canada&Health Canada [Reference 8] is not used, the model structure and implementation should be described in detail. It is not acceptable to simply refer to a software handbook. A few representative worked examples of simple dose calculations starting with media and/or food concentrations should be presented, regardless of the approach taken, to allow independent validation. 4. ASSESSMENT AND MITIGATION OF ENVIRONMENTAL EFFECTS 4.1 Description of Assessment Methods The consideration of environmental effects in the screening should be done in a systematic and traceable manner. The assessmlent methodology will be summarized in the screening report. The,results of the assessment process should be clearly documented using summary matrices and tabular summaries where appropriate. In describing methods,the proponent must document how it used scientific, engineering, traditional and other knowledge to reachaits conclusions. Assumptions must be clearly identified and Justified" data,models and studies must be documented such that the analyses are transparent and reproducible. All data collection methods must be specified. The uncertainty,reliability and sensitivity of models used to reach'conclusions must be indicated. The sections in the EIS regarding existing environment and potential adverse environmental effects predictions and assessment must,.be prepared using best available information an;d methods;to the highest standards in the relevant subject area. All conclusions must be substantiated. In preparing the EIS, the proponent is encouraged to make use of existing information relevant to the project(e.g., Reference 9). When relying on existing information to meet the requirements of various sections of the Scoping Information Document,the proponent must either include the information directly in the EIS or provide a summary and clear direction (e.g.,through cross- referencing) to where the information can be obtained. When relying on existing information,the proponent must also comment on how representative the data are, clearly separate-factual lines of evidence from inference, and state any limitations on the inferences or conclusions that can be drawn from them. 4.2 Identifying Project-Environment Interactions The initial stage of the assessment requires the identification of project activities that may interact with the biophysical environment or socio-economic environment during project implementation and during relevant malfunctions and accidents.The identification of potential interactions is performed using a Project-Environment Interactions Matrix(Appendix C). Those interactions that could adversely interact with the environment will be identified through the EA e-DOC 3734740 - 18 - CEAR 11-01-62516 8-127 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station Clarin ton, Ontario process. The assessment of environmental effects would then involve predicting and evaluating the likely implications of these project activities to determine which interactions have the potential for likely adverse effects. A preliminary table of project-environment interactions is provided in Appendix -C. This matrix illustrates where the project may potentially negatively interact with the environment. The development of this matrix is based on CNSC staff experience with the site, experience with assessments of similar projects (e.g., Pickering Refurbishment and Continued Operation EA), and knowledge of the project description. It is expected that OPG will update this table and use it to form the basis of assessment. Information on the pathway that a potential contaminant may take to get to a specific habitat should be provided in a conceptual site model diagram that represents cause-effect pathways so risk can e calculated [Reference 10 and 11]. 4.3 Identifying Likely Changes to the Environment The second step in the assessment is to describe the resulting changes that likely would occur to the components of the environment and VECs as a result of the identified interactions with the'project. Identified changes in socio-economic:conditions and various aspects of culture, health, heritage, archaeology and traditional_land and resource use should be limited to those that are likely to result from the predicted changes that the project is likely to cause to the;enviromnent: 4.4 Determining Likely Residual Adverse.Effects The third step in the assessment is,to identify and describe mitigation measures that inay be.applied to each likely,adverse effects (or sequence of effects), and that are technically arid economically feasible. The proponent is expected to take all reasonable precautions to protect the environment. Hence, all reasonable means (e.g.,best`available technology economically achievable and keeping radiation doses as low as reasonably achievable) are expected to be used to eliminate or mitigate'adverse environmental effects. For example, for aquatic habitat and biota,thermal plume effects as well as intake withdrawals of aquatic biota are both an historical operations and continued operations effect that has been reduced but not eliminated by the unique designs of the existing submerged offshore intake and diffuser, and will require assessment in the EIS. For species at risk defined by the federal Species at Risk Act,pursuant to subsection 79(1) of that Act, Responsible Authorities under the Canadian Environmental Assessment Act must notify the appropriate federal Minister if any listed wildlife species, its critical habitat or the residences of individuals of that species may be adversely affected by the project. Pursuant to subsection 79(2) of the Species at Risk Act, if the project is carried out, Responsible Authorities must also•ensure that measures are taken to avoid or lessen those effects and to monitor them; these measures must be taken in a way that is consistent with any applicable e-DOC 3734740 - 19- CEAR 11-01-62516 8-128 July 2011 Draft Scoping Information Document-Proposal by OPG- Refurbishment and Continued Operation - Darlington Nuclear Generating Station, Clarin ton, Ontario recoveiy strategy and action plans. Therefore,the proponent must include information in the EIS that will allow the Responsible Authorities to meet this requirement. Mitigation strategies should reflect avoidance,precautionary and preventive principles; that is, emphasis should be placed on tempering or preventing the cause or source of an effect, or sequence of effects,before addressing how to attenuate,reverse or compensate'for an effect once it occurs. The proponent shall consider the guiding principles set out in the Framework,for the Application of Precaution in Science-based Decision Making About Risk[Reference 12]. Where the prevention of effects cannot be assured, or the effectiveness of preventive mitigation measures is uncertain, further mitigation measures in the form of contingency responses, including emergency response plans, will be described and considered through the follow-up program(Section 7.0). Those effects to the environment that would remain after the implementation of mitigation measures should be identified as residual.effects. Any residual,effects identified should be assessed as to their significance The EIS must identify the criteria used to assign significance ratings to any predicted adverse effects. The,EIS must contain a detailed analysis of the significance of the potential residual,adverse environmental effects it predicts. It must contain clear and sufficient information to enable the:CNSC and the public to understand and review the proponent's judgment of the significance of effects. The proponent must define the terms used to describe the level of significance. 4.5 Assessment of Effects of the Environment on the Project The assessment must also take into accounthow the environment could adversely affect the project; for example, from severe weather, geotechnical hazards or seismic events. The assessment must also take into account any potential effects of climate change on the project, including an assessment of whether the project .might be sensitive to changes in climate conditions during its life span. Guidance can be found on the.Canadian Environment Assessment Agency website [Reference 13]. An identification and discussion of any lessons learned from the events at Fukushima`to the extent that they are relevant to the assessment of effects ofthe environment on the project should be included. This part of the assessment will be conducted in a step-wise fashion, similar to that described`for the foregoing assessment of the project effects. The possible important interactions between the natural hazards and the project will be first identified, followed by an assessment of the effects of those interactions, the, available additional mitigation measures, and the significance of any remaining residual adverse environmental effects. e-DOC 3734740 -20- CEAR 11-01-62516 8-129 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarin ton, Ontario 5. ASSESSMENT OF CUMULATIVE EFFECTS The effects of the project must be considered together with those of other projects and activities that have been, or will be carried out, and for which the effects are expected to overlap with those of the project(i.e., overlap in same geographic area and time). These are referred to as cumulative environmental effects. The effects of multiple stressors (e.g.,radiological,non-radiological,temperature) on receptors should also be considered. An identification of the specific projects and activities considered for the . cumulative effects assessment will be included in the screening report. Emphasis should be placed on those projects that have occurred or are occurring and on future projects that are either `certain' to proceed'or are reasonably foreseeable. The information available to assess the environmental effects from other projects can be expected to be more conceptual and'`less detailed as those effects become more remote in distance and time to the project, or where information about another project or activity is not available. The consideration of cumulative environmental effects may therefore be at a more:general level of detail than that considered in the assessment of,the direct project-environment interactions. Where potentially significant adverse cumulative effects;are,identified, additional mitigation measures may be necessary. 6. SIGNIFICANCE OF THE RESIDUAL EFFECTS The preceding.steps in the screening will consider the significance of the environmental effects of the project on the environment; of the natural hazards on the project; and of other projects and activities that could cause cumulative effects.. The criteria for judging and describing the significance of the residual(post- mitigation) effects"will include the following categories: magnitude, duration, frequency,timing, aid probability of occurrence, ecological and social context, geographic extent, and degree of reversibility. Existing regulatory and industry standards and guidelines are relevant as points of reference for judging significance, However,professional expertise and judgement should also be applied in judging the significance of any effect. All applicable federal and provincial laws must be respected. The EIS must clearly explain the method and definitions used to describe the level of the adverse effect(e.g., low, medium,high) for each of the categories in the above paragraph, and how these levels were combined to produce an overall conclusion on the significance of adverse effects for each VEC. This method must be transparent and reproducible and should clearly discriminate between sources in the published literature and professional judgment. e-DOC 3734740 -21 - CEAR 11-01-62516 8-130 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station Clarin ton Ontario The analysis must be documented in a manner that readily enables conclusions on the significance of the environmental effects to be drawn. The CNSC (an RA) and DFO (likely RA)must document in the screening report a conclusion, taking into account the mitigation measures, as to whether the project is likely to cause significant adverse environmental effects. 7. FOLLOW-UP PROGRAM In general,the purpose of a follow-up program is to: • verify predictions of environmental effects identified"in the environmental assessment; • determine the effectiveness of mitigation measures in order to modify or implement new measures where required; and'; <. • support the implementation of adaptive management measures to address previously unanticipated adverse environmental effects. The EIS will contain a preliminary design and implementation plan for the follow-up program that provides the following: • the purpose of each element of the follow-up',rogram(i.e., to verify predictions, or to ensure mitigation measures are effective); • what would be monitored; • monitoring locations; • schedule (i.e., frequency and duration of monitoring); • monitoring objective in relation to the specific EA finding, assumption or mitigation to be verified; • contingency.procedures/plans or other,adaptive management provisions as a means of addressing unforeseen environmental effects or for correcting exceedances as required to comply or to conform to benchmarks,regulatory standards or guidelines; and • the responsible department,that would receive the information and determine a course of action,if required. The;proposed schedule would be developed after statistical evaluation of the length of,time needed to detect effects given estimated baseline variability, likely environmental effect size and desired level of statistical confidence in the results (Type 1 and Type 2 errors). In addition, as part of adaptive management, the EIS will describe bow OPG will determine if the continued operation of the DNGS is affecting species at risk, given, for example,the rapidly changing Lake Ontario ecosystem and ongoing and future recovery strategies, action plans or management plans (e.g., Atlantic salmon,Lake sturgeon). The follow-up program plan must be described in the EIS in sufficient detail to allow independent judgment as to the likelihood that it will deliver the type, quantity and quality of information required to reliably verify predicted effects (or e-DOC 3734740 -22- CEAR 11-01-62516 8-131 July 2011 Draft Scoping Information Document- Proposal by OPG-Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarington, Ontario absence of them), confirm environmental assessment assumptions and confirm the effectiveness of mitigation. The CNSC licensing and compliance program and DFO's authorization process, if required, along with signed agreements/MOUs with provincial and federal authorities will be used as the mechanisms for ensuring the final design and implementation of any follow-up program and the reporting of program results. e-DOC 3734740 -23 - CEAR 11-01-62516 8-132 July 2011 Draft Scoping Information Document- Proposal by OPG - Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarin ton Ontario 8. REFERENCES 1. OPG Letter, D. Reiner(OPG) to P. Webster(CNSC), "Proposed Refurbishment and Continued Operation of Darlington NGS—Project Description for Environmental Assessment", April 28, 2011. e-DOC: 3715868. 2. OPG Report, "Project Description: Darlington Nuclear Generating Station Refurbishment and Continued Operation Project—Environmental Assessment", OPG Report#NK3 8-REP-07730-10001.,'April 2011. e-DOC: 3715869. 3. CNSC Regulatory Document 360.—Life Extension'of Nuclear Power Plants, February 2008. ISBN 978-0-662-47492-0; Cat:.No, CC173-3/4-360E-PDF. 4. Food and Agriculture Organization of the.-United Nations, International Atomic Energy Agency,International Labour Organization, OECD Nuclear Energy Agency, Pan American Health Organization,United nations Office for the Co-Ordination of Humanitarian.Affairs, World Health Organization, "Preparedness and Response to Nuclear or Radiological Emergency, Safety Requirements", Safety Standards Series No: GS-R-2,IAEA,Vienna, Austria, 2002. 5. Health Canada, "Canadian Guidelines for Intervention during a Nuclear Emergency", Document H46-2/03-32E, Ottawa, Ontario,November 2003. 6. Canadian Council of Ministers of the Environment 2009. Canadian Environmental Quality Guidelines.http:Hege -rcgexcme.ca/ 7. Ontario Ministry of the Environment 2009. Forms, Manuals and Guidelines. ht!p://www.ene.g6 6 i.ea/en/publications/forms/inde?,. hp 8. Environment,Canada 8&Health Canada(2003) "Priority Substances List 2 Assessment Report,'Re leases of Radionuclides from Nuclear Facilities (Impact on Non-human Biota)", Environment Canada and Health Canada, Ottawa„Canada—e-DOC: 3397890. 9. OPG Report;"`Environmental Impact Statement: New Nuclear—Darlington Environmental Assessment",NK054-REP-07730-0029. September 2009. e- DOC: 3437533. 10. Canadian Council of Ministers of the Environment(CCME) 1996, "A Framework for Ecological Risk Assessment: General Guidance", Canadian Council of Ministers of the Environment(CCME), The National Contaminated Sites Remediation Program,Report PN 1195 e-DOC 3397684. 11. Canadian Council of Ministers of the Environment(CCME) 1997, "A Framework for Ecological Risk Assessment: Technical Appendices", Canadian Council of Ministers of the Environment(CCME),the National Contaminated Sites Remediation Program, Report PN1274 - e-DOC: 3397691. 12, Canadian Privy Council Office. "A Framework for the Application of Precaution in Science-based Decision Making about Risk". ISBN 0-662- 67486-3 Cat. no. CP22-70/2003 —e-DOC: 3397689. e-DOC 3734740 -24- CEAR 11-01-62516 8-133 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Caarington, Ontario 13. The Federal-Provincial-Territorial Committee on Climate Change and Environmental Assessment 2003. Incorporating Climate Change Considerations in Environmental Assessment: General Guidance for Practitioners. http://www.ceaa- acee.ge.c a/default.asp?lang=En&n=A41 F45 C5-1 e-DOC 3734740 -25 - CEAR 11-01-62516 8-134 July 2011 Draft Scoping Information Document-Proposal by OPG-Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarin ton, Ontario APPENDIX A. ASSESSMENT OF PUBLIC PARTICIPATION Evaluation of Criteria Assessment Criteria None Low Moderate High 1. There is an indication of existing or likely public interest in: a, the type of project b. the location of the project or c. the ways the project might affect the community. 2. The stakeholders who may be interested have a history of being involved. ,, 3. The project is likely to generate conflict between . environmental and social or economic values of concern to the public 4. The project could be perceived as having the potential for significant adverse environmental effects (including cumulative environmental effects dx and effects of malfunctions and accidents_,,,_;,u,,_ 5. There is potential to learn from community knowledge or Aboriginal traditional knowlidd e a 6. The direct and indirect environmental effe`co of the project and their si ificanckare uncertainr, x t. 7. The project has not been subj'ect,to other pub'hc participation processes o_,�appropria�e scope and coverage that would meet,CNSC % ectives. Count number of ch ks in each column` 0 3 1 3 Multiply by: � X0 x 1 x2 x3 Total lo'r each column is ` _ "' 0 3 2 9 Add totals T an overall scoire of: 14 Rationale for determination Criterion 1. a. The New Nuclear at Darlington (NND)project that went through 3 weeks of public hearings through a Joint Review Panel process (April 2011) allowed for the engagement of the public,Aboriginal groups and other interested parties. Given this recently completed process along with the events at Fukushima, the CNSC is aware of existing and continuing high level of public interest in nuclear-related projects. e-DOC 3734740- - 26 - CEAR 11-01-62516 8-135 July 2011 Draft Scoping Information Document-'Proposal by OPG- Refurbishment and Continued Operation-Darlington Nuclear Generating Station, Clarington, Ontario Rationale for determination b. The CNSC is aware of existing public interest concerning current and proposed activities at the DNGS site, especially when taken in combination with the proposed NND project to be located adjacent to the DNGS facility. c. The project is not anticipated to negatively affect the community. OPG's NND EIS determined that few adverse effects were expected on the socio-economic environment; rather,positive effects were anticipated related to economic development. Criterion 2. The Darlington NND project received over 200 written submissions from interveners during the public hearing phase. Similarly,the Pickering B Refurbishment and Continued Operations EA, completed in 2009,generated a lot of public interest It is anticipated that many of the same interveners will be interested in participating in the DNGS Refiirbishment and Continued Operation EA. Local stakeholder involvement in the NND project was.generally supportive based on what OPG had documented in its EIS and through what was heard'during the public hearings. Criterion 3. During the NND JRP, a number of interveners were opposed to the..use of nuclear power as a means to generate electricity and advocated use of other alternative energy sources (e.g., wind, solar, biomass, etc.). These concerns were further exacerbated by the events at Fukishirna. Criterion 4. During the NND JRP hearings, with the backdrop of the events of Fukushima,many concerns were raised by interveners regarding potential malfunctions and accidents and their consequences, including related human health effects. As well,the operation of the condenser cooling water,system(e.g. impingement and entrainment)was a project element that many interveners highlighted as having serious environmental effects. Criterion S. There is no indication of relevant traditional knowledge at this time based on the disturbed nature of the DNGS'site and information that was put forth during the NND JRP process. Criterion 6. Based on OPG's project description,previous EAs (i.e.,NND project,Pickering B Refurbishment and Continued Operation), and CNSC's knowledge of ongoing operations of the DNGS,the environmental impacts, as well as likely mitigation to be required are generally well understood. Those elements were there may be a degree of uncertainty, include: the impacts to aquatic biota from the operation of the condenser cooling water system; and malfunctions and accidents. The uncertainty arises more from the fact that CNSC staff has yet to review the analyses, etc, that will support the assessment of effects in e-DOC 3734740 -27 - CEAR 11-01-62516 8-136 July 2011. Draft Scoping Information Document-Proposal by OPG- Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarin ton, Ontario Rationale for determination these areas. Criterion 7. The NND JRP process represented a very thorough public participation process; however, elements of this project were not specifically included. Although OPG is actively engaging the public on this project, this would not completely meet the CNSC objectives. Given the anticipated public interest,this project will be subject to a CNSC project-specific public participation process. As a result of the scan above, is public participation appropriate,in the circumstances of this screening-level EA? Yes or No ❑ If yes, indicate the level of participation required,based on the tabulated score. None ❑ Low ❑ Moderate High ❑ 0 to2 3to7 8to14 15 to 21 e-DOC 3734740 28 - CEAR 11-01-62516 8--137 July 2011 Draft Scoping Information Document-Proposal by OPG-Refurbishment and Continued Operation- Darlington Nuclear Generating Station, Clarin ton Ontario APPENDIX B. DETERMINATION OF THE TYPE OF SCREENING Evaluation of Criteria Criteria Evaluation Questions for Simple Yes/True Uncertain No/False Screenings 1. The site is well characterized, as are its programs. 2. The proposed project is related to an existing licensed facility. 3. The proposed project represents an incremental change to the overall facility. 4. The environmental performance of the existing licensed activities meets CNSC expectations. 5. The proposed project is based on technology that is known to the proponent and CNSC staff. 6. The proposed project would only require mitigation measures with which the proponent has a demonstrated familiarity, and/or that are considered standard technology within the industry. 7. The proposed project likely does not introduce. .; project-environment.interactions.;that cannot be mitigated wzth standard or proven technology. 8. Based on potential project-environment interactions,the propo"sed project is not likely to pose any significant adverse effects on the health of workers and the public; cumulative effects, or those that rnay;yarise asu result of accidents or malfunctions.=. . Rationale for determination 1. The site is well characterized through its existing programs and through the NND JRP process. No changes are proposed to the way the DNGS facility is currently operated. 2. The proposed project is located on an existing licensed facility. e-DOC 3734740- - 29 - CEAR 11-01-62516 8-138 July 2011 Draft Scoping Information Document- Proposal by OPG- Refurbishment and Continued Operation-Darlington Nuclear Generating Station, Clarin ton, Ontario 3. The proposed project consists of activities (i.e., refurbishment and continued operations) that represent an incremental change to the overall licensed facility. 4. Under the direction of the CNSC, OPG has continued to make adequate provisions for the protection of the environment. In making these provisions, OPG has met CNSC expectations in environmental performance. However, thermal plume effects on aquatic habitat and biota as well as intake withdrawals of aquatic biota are both an historical operations and continued operations effect that has been reduced but not eliminated by the unique designs of the existing submerged offshore intake and diffuser. 5. CNSC staff is familiar with the technology being presented in this project, given the existing operations at DNGS and the fact that several other nuclear power plants are undergoing refurbishments. OPG and/or the industry s familiar with;all other project components. 6. OPG and/or industry are familiar with the potential mitigation measures required for the refurbishment and continued operation of the DNGS.; 7. Any new project-environment interactions are expected to;,be adequately mitigated with standard and/or proven technology. 8. At this stage of the EA, it appears that this project is not likely to cause significant adverse effects on the health of workers and the public, cumulative effects, or those that may arise as a result of accidents or malfunctions. The EA will identify all potential project-environment interactions and confirm that the project is not likely to cause significant adverse effects. However, an EA has never been completed for the DNGS site, including malfunctions and accidents. As a result of the scan* above, is asimple screening appropriate in the circumstances? *The criteria identified in the.above scan are meant to guide CNSC staff. Other factors can influence staffs recommended type of screening. In the case of OPG's DNGS Refurbishment and Continued Operation project,the heightened public interest in nuclear- related activities as a result of the events at Fukushima; the absence of a previous EA for the DNGS facility; and the scale of the proposed project are all other factors that have contributed to CNSC staff's recommendation that the project proceed as a complex screening. YES or NO e-DOC 3734740 -30 - CEAR 11-01-62516 3-139 �7 H asn pue7. .L co +, _U ro ❑ ❑ ❑ D D. ❑ ❑ ❑ ❑ ❑ o satoodS pue iea?geH a3iippAk M ci) 'a sataadS ❑ ❑ ❑ ❑ ❑ ❑ W a8 sal RiunuzUTO uoTIeP2aA a� a 4t?I!gt?Hpae jotgoiaenbd ❑ ❑ t-t- D D ❑ ❑ ❑ D ❑ N � o ❑ D ❑ ❑ ❑ ❑ ❑ ❑ ❑ D m p fqtiena.taieM put 02euteaQ � W z armunduzal, ° c o y S uotleinonD otzelup aNe7 ° ❑ ❑ L mog ❑ ❑ o oA /a2.teuoa.t TolumpunoiD C ° Sigutib aalempunwo E-1 ° O HoS ❑ a El C j X s.zaxzo�01 sasoQ uo[3e1peg ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ c Q c otTgnd of sasoQ uoijetpeX ❑ ❑ ❑ D ❑ D ❑' ❑ a> auautuottnug 10010320.tpiO ° ° ° o ❑ ❑ ❑ ❑ D ❑ ❑ ❑ Iuauzuozinug Ieti}sazza L V a a!Ienby/aaie,M aaejntS ❑ ❑ ❑ ❑ ❑ ❑ IL Juauzuonnug ataagdsouijV ❑ ❑ ❑ D ❑ F1 O W c`v ❑ ❑ ❑ ❑ ❑ D ❑ ❑ ❑ o c a asioN 0. 0 W d W �}Tjen�iTd ❑ ❑ ❑ ❑ ❑ n ❑ D E0y 0 p d O (�6 W a �. N F N O O p Fr U b Yn Od N C W CO "d 0 U G "C� o o o o ° o O Q a o G o ° CD W 41 a N o a�i q abi q CL Q • a cn � Q ° O H ° UO U 3 8-140 Attachment 3 To Report PSD-077-11 cla Leading tie Way 9tolu August 22, 2011 Mr. Andrew McAllister Environmental Assessment Specialist Directorate of Environmental and Radiation Protection and Assessment Canadian Nuclear Safety Commission P.O. Box 1046, Station B Ottawa, ON KIP 5S9 Dear Sir: RE: REFURBISHMENT AND CONTINUED OPERATION OF THE DARLINGTON NUCLEAR GENERATING STATION MUNICIPALITY OF CAALINGTON COMMENTS - DRAFT SCOPING INFORMATION DOCUMENT FILE NO.: PLN 26.15.3 Further to your letter dated July 21, 2011 to Mayor Adrian Foster, please accept this letter as the comments of the the Municipality of Clarington on the Draft Scoping Information Document for the Refurbishment and Continued Operation of the Darlington Nuclear Generating Station. As noted in the Overview, the purpose of the Scoping Information Document is to establish the scope of the EA to be undertaken for the Project, and to provide OPG with project-specific guidance on the conduct of technical studies for the EA. The Municipality finds that, in general terms, the factors and issues outlined in the Draft Document are appropriate for the Project as defined by OPG and, as such, achieve their intended purpose. The Municipality does however have a number of specific comments on the Draft Scoping Information Document, as noted below. ,. Recognition of recent events at Fukushima Japan The Darlington Nuclear Generating Station has operated safely within our community for two decades and we anticipate that the Station's exemplary record will continue to the end of its operating life. Nevertheless, the recent events at the Fukushima nuclear plant in Japan have heightened public concern with the safety of all nuclear generation facilities, including the Darlington plant. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 8-141 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L10 3A6 T 905-623-3379 Andrew McAllister, Environmental Assessment Specialist—August 22, 2011: Page 2 In this regard, the Municipality, notes that the Draft Scoping Document acknowledges the effect that the Fukushima incident has had on public interest on the safety of the Darlington Station, and that the Document specifically requires the EA to identify and discuss any lessons learned from these events as they relate to the assessment of malfunctions and accidents for the Project. This evaluation, together with the Integrated Safety Review and other initiatives by OPG and the CNSC, will help to ensure that the Darlington Station will continue to operate safely for the remainder of its operating life. This in turn will serve to maintain and re-enforce the public's continued confidence in the safety of the Station. 2. Long Term Management of Used Nuclear Fuel The Draft Scoping Document outlines the various activities related to the continued operation of the refurbished power reactors until about 2055 and the subsequent achievement of a safe state of. closure. These activities Include the construction of additional storage capacity at the Darlington Used Fuel Dry Storage Facility for the "interim storage" of used nuclear fuel to be produced from the continued operation of the reactor units at Darlington. The Document also indicates that decommissioning of the Darlington Station is not part of the scope of the current project, but requires a preliminary plan to be prepared. This Plan is to include, among other matters, end-state objectives and an overview of the principal hazards and protection strategies envisioned for decommissioning. The Municipality acknowledges the process being undertaken by the Nuclear Waste Management Organization (NWMO) to identify and develop a suitable site for the long term storage of used nuclear fuel from Canada's nuclear generating facilities, and that it is OPG's intention to transfer used nuclear fuel from the Darlington site to this facility. We also recognize that the closure and decommissioning of the Station will be subject i to separate study and approval requirements. However, given the challenges faced by the NWMO , the Municipality is concerned that a long term storage facility for used nuclear fuel will not be available by mid-century when the Darlington Station reaches the end of its operating life. The Municipality supports the development of a long term management solution that would involve the used fuel being'transported to a suitable facility off-site. 3. Public Participation The Draft Scoping Document indicates that the Project was determined to require public participation. Section 2.4 outlines-the public participation activities that the CNSC will perform, while Appendix A discusses the process and the rationale used to determine that the Project will be subject to a CNSC project-specific public participation process. However, there is no requirement that OPG, as the proponent, is to undertake public consultation. The Draft. Scoping Document should be revised to require OPG to 8-142 Andrew McAllister, Environmental Assessment Specialist—August 22,2011:Page 3. describe its communications and consultation program and to provide a summary of any issues or concerns identified by the public. 4. Type of Screening EA process Section 2.6 and Appendix B of the Draft Document discuss the criteria and the factors considered in determining the type of Screening EA process that the Project should be required to follow, CNSC staff has proposed to follow the "complex" screening track for the Project, The Municipality does not disagree with CNSC staff's conclusion and welcomes the more rigorous review that will likely be required of the complex screening track.' However, there is no discussion in the Draft Document or a reference to another document that would enable the reader to understand the differences between a simple and complex screening track and to determine if, in fact, the conclusion by CNSC staff is appropriate.. 5. Identifying Likely Changes to the Socio-Economic Environment Section 4.3 of the Draft Document deals with the second step in the assessment process, which is the description of any likely changes to components of the environment and Valued Ecosystem Components resulting from interactions with the Project. This section goes on to state: "Identified changes in socio-economic and various aspects of culture, health, heritage, archaeology and traditional land and resource use should be limited to those that are likely to result from the predicted changes that the project is likely to cause to the environment." The intention of this requirement is not clear. The Municipality is concerned that this provision would result in. project-related changes to the socio-economic environment being addressed differently and less rigorously than project-related changes to the bio- physical environment. This is of particular concern when considering the potential cumulative effects on the socio-economic environment, such as nuisance effects from increased traffic and traffic disruptions, as a result of the number of large construction projects scheduled to take place in Clarington during the same period that the Darlington Project will be underway. The Municipality welcomes this opportunity to provide our comments on the Draft Scoping Information Document for Darlington Refurbishment and Continued Operation Project. Please note that these comments will be forwarded to Clarington Council for 1 8--143 Andrew McAllister, Environmental Assessment Specialist—August 22,2011:Page 4 endorsement at its next meeting on September 19, 2011; a copy of Council's decision on the comments will be forwarded to you. Sincerely, 9dJ.!C�rome,. MClP, RPP Director of Planning Services DJC:df cc: Mayor and Members of Council Franklin Wu, Chief Administrative Officer A.C. Cannella, Director of Engineering Services Nancy Taylor, Director of Finance Faye Langmald, Manager of Special Projects i 8-144 Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: Report #: PSD-078-11 File #: PLN 33.4 Subject: PORT GRANBY PROJECT - LICENSING HEARING BEFORE THE CANADIAN NUCLEAR SAFETY COMMISSION, AND ROADS AGREEMENT WITH THE GOVERNMENT OF CANADA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-078-11 be received; 2. THAT Council adopt the following resolution in support of the application by Atomic Energy of Canada Limited for a licence from the Canadian Nuclear Safety Commission to permit the construction of the Port Granby Project: "WHEREAS the Port Granby Project has been underway since 2001 and has been subject to a thorough Environmental Assessment process to ensure that the Project can be undertaken safely; AND WHEREAS on June 26, 2006, the Council of the Municipality of Clarington endorsed a Preferred Option for the Port Granby Project and consented to the submission of the Environmental Assessment Study Report to federal decision makers for review; AND WHEREAS on October 26, 2009, Council endorsed the findings of the EA Screening Report which stated that the Port Granby Project is not likely to result in significant adverse environmental effects provided that the mitigation measures outlined in the Environmental Assessment Study Report and the Screening Report are implemented; 8-145 REPORT NO.: PSD-078-11 PAGE 2 AND WHEREAS Atomic Energy of Canada Limited has submitted an application to the Canadian Nuclear Safety Commission for a Waste Nuclear Safety Licence to permit the construction of the Port Granby Project; AND WHEREAS the Municipality's Peer Review Team has advised Clarington Council that, based on its review of the detailed engineering design and licensing documents for the Port Granby Project, the Team is satisfied that the Project can proceed safely and with minimal environmental effects and that appropriate measures will be implemented to ensure that the health and safety and well- being of our residents will be protected throughout the Project; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington supports the application by Atomic Energy of Canada Limited for a Waste Nuclear Substance Licence to permit the construction of the Port Granby Project"; 3. THAT Staff be authorized to finalize the agreement with the Government of Canada regarding the use by Canada of municipal roads for the Port Granby Project; 4. THAT the Mayor and Clerk be authorized to sign the agreement with the Government of Canada once the agreement has been finalized to the satisfaction of the Municipal Solicitor; 5. THAT a copy of this report and Council's decision be forwarded to the Canadian Nuclear Safety Commission, the Port Hope Area Initiative Management Office, and the Southeast Clarington Rate Payers Association; and 6. THAT all interested parties listed in Report PSD-078-11 and any delegations be advised of Council's decision. Submitted by: fr�'� % Reviewed by: DaWd�I Crome, MCIP, RPP ranklin Wu Dire tor, Planning Services Chief Administrative Officer JAS/FL/df 26 August 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 8-146 REPORT NO.: PSD-078-11 PAGE 3 1. BACKGROUND AND PURPOSE OF REPORT 1.1 Two major regulatory approvals are required to permit the Port Granby Project to proceed: the approval of the Environmental Assessment (EA) and the issuance of a licence by the Canadian Nuclear Safety Commission (CNSC). The EA process was successfully completed in 2009 with the acceptance of the EA Screening Report by Council and federal authorities. The Report concluded that the Project was not likely to cause significant adverse environmental effects after appropriate mitigation measures have been implemented. 1.2 On July 20, 2011, the CNSC released a Notice of Public Hearing announcing that it will hold a one-day public hearing on September 27, 2011 to consider an application submitted by Atomic Energy of Canada Limited (AECL) to permit the construction of the Port Granby Project (Attachment 2). 1.3 The purpose of this report is to provide an overview of AECL's application to the CNSC, and to update Council on the work undertaken by Staff and the Municipal Peer Review Team (MPRT) on the Port Granby Project over the past two years in preparation for the licensing hearing and the construction phase of the Project, specifically: • The review of detailed engineering drawings and documents for the design and construction of the various elements of the Project; and • The preparation of a legal agreement with the Government of Canada regarding the reconstruction and use of municipal roads for the Project. As well, Staff is recommending that the Municipality formally support AECL's licence application to be considered at the September 27, 2011 CNSC hearing. 2. REVIEW OF ENGINEERING DESIGN DOCUMENTS AND LICENSING APPLICATION 2.1 The 2001 Legal Agreement with the Government of Canada requires the Project proponent to consult regularly with the Municipality throughout the regulatory review process until final decisions are reached by the relevant authorities. As Council is aware, Staff and the Municipal Peer Review Team (MPRT) were extensively involved in the review of numerous documents through the EA process. 2.2 Once EA approval for the Project was received, the Municipality's and the MPRT's focus shifted to the review of the detailed engineering drawings and documents required to implement the the Project. The consulting firm AECOM was retained by the federal government to undertake this engineering design work, including: • the design and construction details for waste-related elements (e.g. Long Term Waste Management Facility, waste excavation); • on-site physical systems and infrastructure (e.g. new Waste Water Treatment Plant, stormwater management systems, Inter-Site Haul Road), and 8-147 REPORT NO.: PSD-073-11 PAGE 4 ® the upgrade or reconstruction of municipal roads (e.g. Elliott Road, Lakeshore Road underpass). 2.3 Dave Hardy, the lead consultant for the MPRT, will be presenting to Committee at the September 12, 2011 meeting on the review of the detailed engineering design reports , and AECL's application for a Waste Nuclear Safety licence. The presentation will include the Team's conclusions as to whether these documents are consistent with the Project as previously approved by Council and include satisfactory measures to protect the natural environment and the health, safety and well-being of area residents. 2.4 It is important to note that the engineering design documents prepared by AECOM form the basis for the tenders still to be issued by the federal government for the construction of the Port Granby Project. As such, Municipal Staff involved in the review and the members of MPRT have committed in writing to respect the confidential nature of the documents provided for review. 3. CNSC LICENCE APPLICATION 3.1 AECL is the federal agency responsible for the overall management of the Port Hope Area Initiative, including the environmental and licensing approvals for both the Port Granby Project and the Port Hope Project. AECL's licence application to the CNSC to permit the Port Granby Project to proceed is supported by Natural Resources Canada, the sponsoring federal agency, and Public Works and Government Services Canada, which handles the administration of the various design and construction contracts for the two Projects. Staff from these three organizations comprise the Port Hope Area Initiative Management Office (PHAI MO) and collectively manage the strategic, technical, financial, contractual and regulatory aspects of the Initiative. 3.2 In general terms, AECL's application to the CNSC seeks a 10 year Waste Nuclear Substance Licence (WNSL) to permit the construction of the new Long Term Waste Management Facility (LTWMF), the excavation and internment of the waste from the existing Port Granby Waste Management Facility in the LTWMF, and the remediation of the existing waste management facility. The application is supported by a large number of documents, including reports related to ensuring the health and safety of workers and residents and the protection of the natural environment, the identification and implementation of measures to mitigate the effect on the local community, and security and emergency management. 3.3 CNSC staff have reviewed the application and supporting documentation submitted by AECL. In its report to the Commission, CNSC staff have concluded that AECL's application meets the requirements for a WNSL set out under the Nuclear Safety and Control Act and its regulations, and have recommended that the Commission issue the requested licence to AECL to allow the Port Granby Project to proceed. 3.4 The post-closure phase of the Project, which will involve long-term monitoring and maintenance of the LTWMF, is not covered by the current application and will require a licence renewal. 8-148 REPORT NO.: PSD-078-11 PAGE 5 4. MUNICIPAL PARTICIPATION IN THE CNSC HEARING 4.1 The Notice for the licensing hearing indicates that parties can participate by providing a written intervention, to be submitted to the CNSC by August 29, 2011, and/or by making a presentation directly to the CNSC at the September 27, 2011 hearing. 4.2 Staff have submitted a written intervention on behalf of the Municipality (see Attachment 3). This submission was prepared in consultation with the Municipal Peer Review Team and has been reviewed by Mayor Foster. 4.3 The Municipality has also advised the CNSC that Mayor Foster will be making a presentation on behalf of the Municipality at the licensing hearing. The Mayor will be accompanied by key Municipal staff, as well as the peer review team, at the hearing. 4.4 The MPRT has also submitted its own written intervention to the CNSC (Attachment 4) and will be making a separate presentation at the hearing. The peer review team's submissions will focus on the technical issues of the Project, such as the design of the LTWMF, and measures proposed to mitigate the negative effects of the Project on the natural environment and the local community. 4.5 The Municipality of Port Hope has submitted a letter to the CNSC in support of AECL's licence application (Attachment 5). The 2001 Legal Agreement requires all parties to the Agreement to consent to major decisions by regulatory agencies for both projects under the Port Hope Area Initiative. The Municipality of Clarington provided a similar letter of support for the Port Hope Project licensing hearing in 2009. 5. ROADS AGREEMENT WITH THE FEDERAL GOVERNMENT 5.1 A number of municipal roads in the Port Granby area will be reconstructed and/or used by vehicles and equipment associated with the Project, as shown on Attachment 6. An agreement (based on the Municipality's standard Site Servicing Agreement) between the Municipality and the federal government to deal with roads issues is in a final draft stage. To facilitate moving forward with the Agreement, Staff is recommending that the Mayor and Clerk be authorized to sign the Agreement once it has been finalized to the satisfaction of the Municipal Solicitor. The main elements of this agreement are discussed below. 5.2 Primary Haul Route 5.2.1 The Port Granby Project will require equipment and material to be transported along specific municipal roads, shown as the Primary Access Route. This route will be used for trucks hauling construction material and equipment to the Project sites (no waste will be transported along these roads). These roads will be upgraded by the federal government to a standard capable of accommodating the high volume of heavy truck traffic for the Project. 8-149 REPORT NO.: PSD-078-11 PAGE 6 5.2.2 The Municipality will continue to be responsible for routine annual maintenance along those portions of Newtonville Road and Concession Road 1 on the Primary Access Route. The federal government has agreed to provide additional funds to the Municipality to pay for any repairs to the road beyond normal maintenance. These roads will also be inspected at the end of Project construction to ensure that they are in good condition. 5.2.3 The portion of Elliott Road south of Concession Road 1 to the entrance to the LTWMF site will be leased to the federal government for the duration of the construction phase of the Project (approximately 8 years). This road is currently seasonally-maintained and will require extensive reconstruction. The lease, which is included in the roads agreement with the federal government, will terminate at the end of construction. 5.3 Contingency Haul Route 5.3.1 It is expected that almost all of the trucks travelling to and from the Project site will be able to fit through the CP Rail underpass on Elliott Road. However, in the event that a very large vehicle cannot use Elliott Road, it will travel along Newtonville Road south to Lakeshore Road and east along Lakeshore Road through the community of Port Granby to the Project site. These roads will not be upgraded as part of the Project. However, they will be inspected prior to and after its use by over-sized vehicles and any damage repaired at the federal government's cost. 5.4 Lakeshore Road Underpass 5.4.1 Waste will be transported by covered trucks from the existing waste site to the LTWMF site along the Inter-Site Route. A portion of this route will be within an underpass to be constructed under Lakeshore Road. The construction of the underpass will require a section of Lakeshore Road to be temporarily closed and a temporary detour to be built on federal lands to the north. When the overpass is completed, Lakeshore Road will be re-constructed and re-opened, and the detour closed. This process will be repeated at the end of construction of the Port Granby Project to permit the removal of the Lakeshore Road underpass. 8-150 REPORT NO.: PSD-078-11 PAGE 7 TO NW t 1-A1 l SH0RE,R0Ab [1N FA5� I?�S1GT�1 p ��N� (LYMS+ 3 tli LAYI�shd MEitOAD 777777777 -'7 h DESIGNATED' YYST TLIEL �A57 y NEL RckAD FCAi + , i BA�iRiER,f r 7, -� �� x SALE#?TitCJCiCS r 'j IV-irk s r"�Y „., x s: 1OhtEYV4TYMMF 'W�IST0E+JA AGEMENT RMP7 Y TFxUGKS+ z 5.4.2 These activities will require the Municipality to lease the section of Lakeshore Road to be temporarily closed to Canada to permit the installation of the underpass at the beginning of the Project, and again at the end of the Project to permit the removal of the underpass. In addition, the lands under the travelled portion of Lakeshore Road on which the Inter-Site Haul Route will be constructed will be leased to Canada for the duration of the construction phase until the underpass is removed. The temporary detour of Lakeshore Road onto federal lands during the construction and removal of the underpass will require the federal government to licence the lands for Clarington's use. 5.5 Easement Under Lakeshore Road — Pipes for Contaminated and Clean Water 5.5.1 During the construction phase, contaminated groundwater and stormwater from the existing waste management facility will be collected and pumped via forcemain under Lakeshore Road to the new Waste Water Treatment Plant (WWTP) to be constructed on the LTWMF site. After the new storage mound is capped and waste excavation and remediation activities at the existing waste site are completed, there will be no contaminated stormwater requiring collection and treatment. 5.5.2 Contaminated groundwater from the East Gorge will continue to be collected and pumped up to the WWTP plant for an indefinite period until testing indicates treatment is no longer required. Leachate from the new waste storage mound will also continue to be collected and treated for the entire operational life of the facility, although leachate volumes are expected to significantly decrease once the mound is capped. All water treated at the WWTP plant will be discharged as clean water to Lake Ontario via a pipeline under Lakeshore Road. 5.5.3 The Municipality will grant an easement under Lakeshore Road in favour of Canada to accommodate the various pipes required to transport contaminated water to the waste 8-151 REPORT NO.: PSD-078-11 PAGE 8 water treatment plant and convey the clean treated water to Lake Ontario. This easement will remain in place for the operating life.of the LTWMF. Appropriate monitoring devices will be installed within the easement to detect any leaks from the pipes. AECL will be responsible for repairing any leaks and cleaning up any resulting contamination. 5.6 Nichols Road 5.6.1 Nichols Road south of Lakeshore Road is currently an unopened road allowance. Cameco Corporation, the current owners of the Port Granby Waste Management Facility, have obtained a Road Occupancy Permit to permit them to use the road as an access to the east gate of the waste site. The portion of the road allowance south of the gate to the Lake Ontario shoreline is unimproved and not usable. 5.6.2 Nichols Road south of Lakeshore Road to the lake will be leased to the federal government for the duration of the construction phase of the Port Granby Project. The east gate will continue to be used as an access to the existing waste facility during Project construction. 5.6.3 The East Gorge area of the existing waste site abuts the southern extension of Nichols Road. The East Gorge will be extensively excavated during the Project and leasing this section of the road allowance to the federal government will facilitate equipment access and excavation work. As with Elliott Road, the Nichols Road lease will terminate at the end of Project construction. 6. CONCURRENCE: Reviewed by Municipal Solicitor. 7. CONCLUSION 7.1 The extensive review of detailed engineering and licensing documents undertaken by Staff and the MPRT over the past two years has confirmed that the construction of the Port Granby Project can proceed with minimal environmental effects, and that appropriate measures will be implemented to ensure that the health and safety and well-being of our residents will be protected throughout the Project; 7.2 The CNSC hearing and the issuance of the licence to AECL to permit the various activities required for the Port Granby Project to proceed is a major milestone in the approval and regulatory process for the Project. It also represents the culmination of 10 years of cooperative effort on the part of Municipal staff, the Municipal Peer Review Team and the Port Hope Area Initiative Management Office. The important contribution of Port Granby area residents, as represented by the South East Clarington Ratepayers Association, through their participation in numerous meetings and the development of the End Use Concept is also acknowledged. 8-152 REPORT NO.: PSD-078-11 PAGE 9 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Janice Szwarz, Principal Planner Attachments: Attachment 1: Glossary of Terms Attachment 2: Notice of CNSC Hearing Attachment 3: Written Submission to the CNSC, Municipality of Clarington Attachment 4: Written Submission to the CNSC, Municipal Peer Review Team Attachment 5: Written Submission to the CNSC, Municipality of Port Hope Attachment 6: Transportation Routes List of interested parties to be advised of Council's decision: Gerry Mahoney Andrew McCreath .Mr. T. Casha Joanne McNamara Ray Coakwell and Frances Brooks Rupert McNeill Walter Burman Tim and Laurel Nichols Rosemary Cooper Carole Owens Marion and Stuart DeCoste Garfield Payne Mel Edwards James B. Robertson Penny Ewington Linda and Paul Ryerse Janice Fenton Sarwan Sahota Betty and Stephanie Formosa John Stephenson Lori Graham Brad and Penny Stripp Luanne Hill and Mike Mamonko Rob and Kim Studt Gord Jackson Midori Tanabe Susan Kinmond Harvey Thompson Maria Kordas-Fraser Rosemary Tisnovsky Marc Landry Stan Tisnovsky Jane Lawrence Julie Tutla Brian Layng Richard Walker Eric Leeuwner Mary and Harry Worrall Michelle MacDuff 8-153 Attachment 1 To Report PSD-078-11 GLOSSARY OF TERMS AECL Atomic Energy of Canada Limited CNSC Canadian Nuclear Safety Commission EA Environmental Assessment LTWMF Long Term Waste Management Facility MPRT Municipal Peer Review Team WNSL Waste Nuclear Substance Licence WWTP Waste Water Treatment Plant 8-154 Attachment 2 To Report PSD-078-11 Canadian Nuclear Commission canadienne Safety Commission de sOretd nucl6aire July 20,2011 Ref. 2011-H-07 Revision I The Canadian Nuclear Safety Commission(CNSC)will hold a one-day public hearing to consider Atomic Energy of Canada Limited(AECL)'s application for a licence for the Port Hope Area Initiative Port Granby Project. AECL is seeking a ten-year licence term to develop the new Long-Term Low-Level Radioactive Waste Facility and to complete the remediation of the existing Port Granby Waste Management Facility. The Port Granby Project intends on providing for the management of low-level radioactive waste currently located in Clarington, Ontario, Hearing: September 27, 2011 Place: Hope Fellowship Church at 1685 Bloor Street in Courtice, Ontario f Time: as set by the agenda published prior to the hearing date The public hearing will be webcasted live on the Internet via the CNSC Web site and archived for a period of 90 days. AECL is undertaking the Port Granby Project on behalf of Natural Resources Canada. The public is invited to comment on AECL's application. Only the interventions specifically related to the Port Granby Project will be accepted. Requests to intervene must be filed with the Secretary of the Commission by August 29, 2011 directly on-line at http://www.nuclearsafety.ge.ca/eng/commission/intervention/index.cfm or at the address below. The request must include the following information, as per the Canadian Nuclear Safety Commission Rules of Procedure: • a written submission of the comments to be presented to the Commission; • a statement setting out whether the requester wishes to intervene by way of written submission only or by way of written submission and oral presentation; and • name, address and telephone of the requester. Personal information, such as address and telephone numbers, is essential for linking the submission to its author. Please submit your personal information on a separate page if youi wish to ensure its confidentiality. It should be noted that all submissions are available to the public upon request to the Secretariat. Canada 8-155 AECL's submission and CNSC staff's recommendations to be considered at the hearing will be available after July 29, 2011.These documents are not downloadable. To obtain them, a request must be made to the Secretariat at the address below or directly from the Web site. Agendas,hearing transcripts and information on the hearing process are available at the CNSC Web site: www.nuclearsafety.g.ca, c/o Louise Levert, Secretariat Canadian Nuclear Safety Commission Tel.: 613-996-9063 or 1-800-668-5284 280 Slater St., P.O. Box 1046 Fax: 613-995-5086 Ottawa; Ontario K1P 5S9 E-mail: interventions @cnsc-cesn.gc.ca 6-156 - Attachment 3 To Report PSD-078-11 claFln On Leading the Way 9t 29 August 2011 Louise Levert, Secretariat Canadian Nuclear Safety Commission 280 Slater Street P.O. Box 1046, Station B Ottawa, ON K1 P 5S9 Dear Ms. Levert: Re: Atomic Energy of Canada Limited's Application for a Waste Nuclear Substance License for the Port Granby Long-Term Low- Level Radioactive Waste Management Project Hearing (Ref. 2011-H-07) File No.: PLN 33.4 This report provides the Municipality of Clarington's submission on Atomic Energy of Canada Limited's (AECL) Application for a Waste Nuclear Substance Licence (WNSL) for the Port Granby Long-Term Low-Level Radioactive Waste Management Project. The Municipality also wishes to make an oral presentation at the CNSC hearing into this matter. The oral presentation will be made by Mayor Adrian Foster. The Municipality of Clarington is satisfied that the documents submitted by AECL to the CNSC in support of its licence application are consistent with and appropriately implement the findings of the Environmental Assessment Study Report and the Screening Report prepared for the Port Granby Project. As such, we support the issuance of a WNSL to AECL to permit the Port Granby Project to proceed. If you require additional information regarding the intervention, please contact either Janice Szwarz or Faye Langmaid of the Planning Services Department. SincQN11 D v . Crome, MCIP, RPP Director, Planning Services Department /df CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-f3-16T Municipality of Clarington Submission-AECL Application for a Waste Nuclear Substance Licence 1 Port Granby Project-CNSC Hearing(Ref. 2011-H-07) 1.0 Purpose of Report This report is the Municipality's intervention to the Canadian Nuclear Safety Commission (CNSC) with respect to AECL's Application for a WNSL for the Port Granby Long-Term Low-Level Radioactive Waste Management Project. 2.0 Municipality of Clarington Involvement in the Port Granby Project The Port Granby Project is one of two projects under the Port Hope Area Initiative which began in 2001 when the Municipality of Clarington and the Municipality of Port Hope entered into an agreement with the Government of Canada regarding the management of the historic Low-Level Radioactive Waste in our communities. This Agreement establishes the two municipalities as key stakeholders in the Port Hope Area Initiative. The Municipality of Clarington has a vital interest in ensuring the safe clean-up and long term management of the radioactive waste and contaminated soils currently stored at the Port Granby Waste Management Facility. Since 2001, the Municipality, with the support of the Municipal Peer Review Team, has worked closely with the Port Hope Area Initiative Management Office and its predecessor, the Low-Level Radioactive Waste Management Office, to move the Project forward. Key activities have included: Reviewing and commenting on technical support documents prepared as part of the Environmental Assessment process and the current licensing process; ® Reviewing and commenting on the detailed engineering design documentation at the 30 percent, 60 percent, 90 percent and 100 percent stages. and Involvement in community discussion groups and end use meetings with local residents as well as the Port Hope Area Initiative Management Office. Our primary objective in these reviews has always been to ensure that the health and safety and well-being of our-residents and the natural environment are protected during Project construction and during the long term Maintenance and Monitoring Phase. Staff of the Port Hope Area Initiative Management Office and its predecessor, the Low Level Radioactive Waste Management Office, have been receptive to our comments. As a result of this high level of cooperation, the Municipality believes that the municipal peer review process has added value to the numerous environmental, social and technical decisions made over the past several years. 8-158 i Municipality of Clarin ton Submission-AECL Application for a Waste Nuclear Substance Lice 2 p Y g pp Licence Port Granby Project-CNSC Hearing(Ref. 2011-H-07) 3.0 Licensing Application and Manual Licensing Application Commission Member Document (CMD) 11-H10 submitted by CNSC staff to the Commission provides the following: • An overview of the matter being presented; • Overall conclusions and overall recommendations; • General discussion pertaining to the safety and control areas that are relevant to this submission; • Discussion about other matters of regulatory interest; and • All available information pertaining directly to the current and proposed licence. The document notes that the Port Granby Project will be conducted in three distinct phases after the issuance of the requested licence: • Phase I -the Transition Phase which will involve the possession and management of the nuclear substances at the Port Granby Waste Management; ® Phase II —the Implementation Phase; and • Phase III—.the post-closure plan. CNSC staff have concluded that AECL is qualified to carry out the activity authorized by the license, and will, in carrying out the activity, make adequate provision for the protection of the environment, the health and safety of persons and the maintenance of national security and measures required to implement international obligations to which Canada has agreed. CNSC staff has recommended to the Commission that, pursuant to the Nuclear Safety and Control Act, a Waste Nuclear Substance Licence be issued to AECL for a period of 10 years. The Municipality of Clarington has reviewed the Licensing Application package and we agree with the CNSC staff conclusion regarding AECL's qualifications to undertake the Port Granby Project and to provide for the protection of the environment and human health and safety.1 Application by AECL for a WNSL for the Port Granby Long Term Low-level Radioactive Waste Management Project,CM 11—H10 8-159 Municipality of Clarington Submission-AECL Application for a Waste Nuclear Substance Licence 3 Port Granby Project-CNSC Hearing(Ref. 2011-H-07) Licensing Manual The Licensing Manual provides an overview of all aspects of the Port Granby Project2, including details on the construction of the LTWMF and the. transportation of the waste, construction and back-fill materials. It also describes those actions and activities that are licensable under the waste nuclear substance licensing process. More specifically, the Licensing Manual presents information relating to: • The nature of the work to be performed; • Communications programs; • Safety (radiological and conventional); • Radiation, radioactive material transportation and environmental protection programs; • Security and emergency management programs; • Training; and • Quality assurance measures planned for implementation. The Licensing Manual also provides reference to the documentation that describes the AECL programs and plans under which the work will be executed. The Municipality of Clarington has reviewed the Licensing Manual and concurs that it provides an accurate description of the various activities to be undertaken for the Project as reviewed by and agreed to by the Municipality. 4.0 Municipal Support of the Port Granby Process and Licence As a key stakeholder in the Port Granby Project, the successful completion of the Port Granby Project is very important to the Municipality of Clarington. However, our residents who live in the vicinity of the Project are also key stakeholders, and it is equally important to the Municipality that their interests are protected as the Port Granby Project proceeds. In this regard, the Municipality and the Port Hope Area Initiative Management Office have met with area residents since the beginning of the Project to discuss their concerns and to take action where appropriate to address these concerns. AECL's application for a WNSL is a major milestone in the environmental and regulatory review process for the Port Granby Project, and represents the product of a significant amount of collaboration and cooperation between the Municipality of Clarington and the federal government over the past decade. Based on our extensive involvement with the Port Granby Project over the past decade and a thorough review of all the documents that have led up to the CNSC hearing, the Municipality is satisfied that the Port Granby Project can proceed safely and with minimal environmental effects. 2 Licensing Manual—Information in Support of the Port Granby Long Term Low-level Radioactive Waste Management Project Licence application prepared by the Port Hope Area Initiative Management Office 4502- 508760-MAN-001 8-160 Municipality of Clarington Submission-AECL Application for a Waste Nuclear Substance Licence 4 Port Granby Project-CNSC Hearing(Ref.2011-H-07) 5.0 Conclusion The Municipality of Clarington agrees with the CNSC staff conclusion that AECL is qualified to manage the LTWMF and to carry out the activities that will be authorized by the licence. We also believe that AECL has the capability to protect the environment. and the health and safety of the public and workers during the Port Granby Project. The Municipality of Clarington is therefore pleased to advise the Canadian Nuclear Safety Commission that we support the issuance of a 10 year Waste Nuclear Substance Licence to Atomic Energy of Canada Limited to permit the Port Granby Project to proceed. The progress to date on both the Port Hope and Port Granby Projects is, in large part, the result of the thoroughness of the work undertaken by the Port Hope Area Initiative Management Office, the Municipality and the Municipal Peer Review Team, and the positive and cooperative working relationship that has existed among the parties over the past several years. The importance of this relationship to developing and maintaining the confidence of the Municipality and that of its residents in the Port Granby Project cannot be over-stated and it should continue. It is therefore important to the Municipality that we continue to be involved in the decision making processes for the Port Granby Project after the issuance of the WNSL licence. We wish to provide input where necessary and appropriate to ensure that the quality of life of local residents is maintained during the Project and ultimately enhanced by the end use of the sites. Furthermore, the Municipality plans to take an active role in the monitoring of the matters that fall under our jurisdiction, such as the use of Municipal roads. 8-161 Attachment 4 To Report PSD-078-11 A R D Y STEVENSON AND ASSOCIATES August 29,2011 Louise Levert, Secretariat Canadian Nuclear Safety Commission 280 Slater Street P.O. Box 1046 Station B Ottawa, ON K1P 5S9 Re: Atomic Energy of Canada Limited's Application for a Waste Nuclear Substance License for the Port Granby Long-Term Low-Level Radioactive Waste Management Project Hearing(Ref. 2011-H-07) Dear Ms. Levert, This is the Municipality of Clarington's, Municipal Peer Review Team's ("MPRT") submission pertaining to Atomic Energy of Canada Limited's Application for a Waste Nuclear Substance Licence ("WNSL") for the Port Granby Long-Term Low-Level Radioactive Waste Management Project. The MPRT wishes to make an oral presentation at the Canadian Nuclear Safety Commission hearing regarding this matter. The oral presentation will be made by Dave Hardy, Principal of Hardy Stevenson and Associates Limited. In general, the MPRT is satisfied with the documentation of potential effects and supports granting the WNSL. If you require additional information regarding our intervention, please contact me. Sincerely, 1. Dave Hardy, RPP Principal Hardy Stevenson and Associates Limited 364 Davenport Road Toronto, ON, M513 1K6 davehardy @hard sy tevenson.com Tel. 416.944.8444 x 222 8-162 Municipal Peer Review Team Submission 1 1.0 Purpose of Report These are the comments and recommendations of the Municipality of Clarington's, Municipal Peer Review Team ("MPRT") on Atomic Energy of Canada Limited's ("AECL") Application for a Waste Nuclear Substance Licence ("WNSL") for the Port Granby Long-Term Low-Level Radioactive Waste Management Project. Our report includes an overview of the licensing process, the peer review process and comments on the documentation we reviewed from project inception to the detailed design stage. Our comments represent the MPRT's intervention to the Canadian Nuclear Safety Commission ("CNSC"). 2.0 Overview of the Port Granby Project The Port Granby Project is one of two projects under the Port Hope Area Initiative("PHAI"). The two projects are: the Port Hope Project in the Municipality of Port Hope and the Port Granby Project in the Municipality of Clarington. Hardy Stevenson and Associates Limited ("HSAL") is leading the peer review process for both Municipalities.The Port Granby Project consists of the: • Development of a new Long-Term Low-Level Radioactive Waste Management Facility ("LTWMF") and relocation of the historic low level radioactive waste ("LLRW")from the existing Port Granby Waste Management Facility("WMF"); • Construction of a new. LTWMF, located approximately 700m from the existing Port Granby WMF, which will provide local, environmentally safe and socially acceptable long-term management of the LLRW; and, • Maintenance and monitoring of the facility for hundreds of years. The Project consists of three phases after the issuance of the licence: Phase I: The transition phase is expected to take approximately three years. It involves: • Possession and management of the nuclear substances at the Port Granby WMF currently licensed to Cameco Corporation. Phase II: The implementation phase is expected to take up to seven years. It involves: • Construction of the LTWMF; • Integration of the waste from the Port Granby WMF; and • Remediation of Port Granby WMF. Phase III: The post-closure phase: • Involving long-term monitoring and maintenance of the LTWMF. AECL Application for the Waste Nuclear Substance Licence Port Granby Project Hearing(Ref.2011-H-07) 8-163 Municipal Peer Review Team Submission 2 3.0 CNSC Licensing Process The CNSC is the sole authority for regulating the use of all nuclear energy and materials in Canada under the Nuclear Safety and Control Act. The CNSC is a quasi-judicial body that is independent from the Government of Canada (and functions as Canada's nuclear 'watchdog'). The CNSC regulates the use of nuclear energy and materials to protect the health, safety and security of people and the environment. The CNSC can grant a WNSL for the Port Granby Project. The WNSL will address all radiological aspects of the Project, including site preparation, construction, operation, decommissioning and abandonment of the Port Granby Waste Management Facility and transportation to the LTWMF. The applicant for the licence, on behalf of Canada, is AECL. The licensing application discusses various high level documents (e.g. Detailed Design Description Report, Environmental Protection Plan and various licensing documents, etc.). AECL have also prepared a written submission as part of the licensing package. 4.0 Licence Application and Manual We reviewed the "Application by Atomic Energy of Canada Limited for a Waste Nuclear Substance License for the Port Granby Low Level Radioactive Waste Management Project (CMD 11-1-110)". We note that CNSC staff recommends that a ten-year WNSL be issued. The licence will permit the project to be implemented under the proposed timeline. CNSC support staff support is commensurate with the low risk of the project. The License Application provides: • An overview of the matter being presented; • Overall conclusions and overall recommendations; General discussion pertaining to the safety and control areas that are relevant to this submission;and • Discussion about other matters of regulatory interest. We agree with the CNSC staff conclusion that AECL is qualified to carry out the activities that the license will authorize and will, if the license is issued, make adequate provisions for the protection of the environment,the health and safety of persons. The MPRT also reviewed the "Licensing Manual - Information in Support of the Port Granby Long-Term Low-level Radioactive Waste Management Project Licence application prepared by the Port Hope Area Initiative Management Office 4502-508760-MAN-001". The Licensing Manual provides an overview of all aspects of the Port Granby Project. Furthermore, it provides detail on the construction of the LTWMF and transportation of the waste, construction and backfill materials as developed by AECL. The document also describes actions and activities that are licensable under the WNSL process. AECL Application for the Waste Nuclear Substance Licence Port Granby Project Hearing(Ref. 2011-H-07) 8-164 Municipal Peer Review Team Submission 3 More specifically,the Licensing Manual presents information relating to: • The nature of the work to be performed; • Communications programs; • Safety(radiological and conventional); • Radiation, radioactive material transportation and environmental protection programs; • Security and emergency management programs; • Training;and • Quality assurance measures planned for implementation. The Licensing Manual also references the documentation that describes AECL's programs and plans under which the work will be executed (e.g. licensing documents and environmental protection programs, etc.). As mentioned previously in Section 3.0, we reviewed and commented on these documents and are satisfied with the information presented. 5.0 Overview of the Municipal Peer Review Process The following provides. an overview of the Municipality of Clarington's Municipal peer review process. It describes the role of the MPRT and our methodology for reviewing documentation including the detailed design specifications,drawings and corresponding reports. 5.1 What is the Peer Review Process? The purpose of the municipal peer review process is to review, assess and comment on the scientific and technical studies and other matters pertaining to the Port Granby Project. Independent research is not conducted. The MPRT also indicates where additional studies may be helpful and identifies areas where the analysis could be strengthened. The peer review process was initiated as a result of the Municipalities of Port Hope and Clarington negotiating and signing a Legal Agreement with the Government of Canada in 2001. The peer review process assists the Municipality of Clarington to be involved in the decision making process as an equal party by providing the Municipality with a team of specialists. The MPRT works under the Principal Planner, Special Projects Branch at the Municipality of Clarington, Ms.Janice Szwarz, The MPRT is comprised of a range of professionals with expertise in nuclear engineering, health physics, air quality assessment, hydrogeology, geology and soils science, land-use planning, shoreline and harbour engineering, social science and natural environmental sciences. The following specialists participate in the peer review process: AECL Application for the Waste Nuclear Substance Licence Port Granby Project Hearing(Ref.2011-H-07) 8-165 Municipal Peer Review Team Submission 4 Dave Hardy Socio-Economic Impact HSAL Assessment, Environmental Planning,Land-use Planning and Policy Danya AI-Haydari Socio-Economic Impact HSAL Assessment Eric Tuson Civil Engineering,Transportation, The Municipal Infrastructure Water,Waste Water and Storm Group Ltd. Water Engineering Paul Bowen Hydrogeology,Groundwater, Terraprobe Mound Design,Soils Remediation and Engineering Dr.Tony van der Vooren, PhD Atmospheric Science AMEC Dr. Robert Murphy, PhD Health Physics Eberline Services Chris Ellingwood Biology Niblett Environmental Associates Inc. Milo Sturm Costal Engineering Shoreplan Engineering Limited Dr. Murray Finklestein, PhD, M.D. Medical Doctor and Independent.medical Epidemiologist-Occupational professional Medicine, Environmental Medicine,Biostatistics 5.2 Peer Review Methodology The MPRT uses a specific methodology for evaluating the project documentation (e.g. EA documents, baseline/background reports, detailed design specifications and drawings, etc.). The methodology reinforces the principle of a fair and transparent process. The following questions provide an overview of the MPRT methodology: • Is the purpose of the work clearly .stated and are all issues and impacts encompassed through the stated purpose? • Is the methodology sound enough to permit the MPRT's objective review of the issues, data and facts? • Are relevant data and facts clearly and consistently used in the reports and detailed design documentation? • Have cumulative effects been thoroughly understood? • Are certainties and uncertainties of the studies openly and objectively stated? AECL Application for the Waste Nuclear Substance Licence Port Granby Project Hearing(Ref.2011-H-07) 8-166 Municipal Peer Review Team Submission 5 • Are there data gaps? • Can the MPRTtrust the data? • Are the conclusions supported by the data and research undertaken? • If the MPRT examined the data would it reach the same conclusions? • Are realistic mitigation measures or designs proposed by the Port Hope Area Initiative Management Office (PHAI-MO)consultants? •. Will the mitigation measures function to address effects over the life of the project? • Are there gaps arising from the MPRT's examination of the issues? • Are there areas where the MPRT and PHAI-MO consultants completely disagree? • Have significant issues been overlooked during the EA process or detailed design process? • Are gaps addressed to the point where the project can move forward? • Are there Federal, Provincial and local standards, regulations and guidelines that have been overlooked? • What are the conclusions of the MPRT? • What is the MPRT recommendation to the Municipality of Clarington? 6.0 Overview of Issues Reviewed by the MPRT The MPRT understands that the Port Granby Project is very important to the Municipality of Clarington. Additionally, the completion of the construction and development phase of the Project will bring important benefits to the Municipality and the local community. We are confident that the clean up process will meet the Municipal requirements for health and safety, infrastructure and environmental protection. We are also confident that the material will be properly managed over the long-term. The MPRT have provided thousands of comments that have been dispositioned by the PHAI-MO using a formal disposition process. The following is a list of the major interactions between the PHAI-MO and the Municipality(and MPRT)that have occurred since project inception: • Review of all technical support documentation (background and baseline studies, specifications and diagrams, Environmental Assessment and licensing documents); AECL Application for the Waste Nuclear Substance Licence Port Granby Project Hearing(Ref.2011-H-07) 8-167 Municipal Peer Review Team Submission 6 • Involvement in community discussion groups and end use meetings with local residents as well as the PHAI-MO;and • Comment on the detailed design drawings and specifications at the 33 percent, 66 percent, 99 percent and 100 percent stages. The following provides an overview of the areas of the Port Granby Project that the MPRT have reviewed and are satisfied with. 6.1 Hydrogeology The following are summary comments on hydrogeological issues. Enhanced Facility Design and Integrity of the Mound Upon review of the Port Granby Environmental Assessment Study Report ("EASR") and initial design of the storage mound, the MPRT concluded that the LTWMF as proposed in the draft EASR could be constructed, operated, and maintained in a way that would result in minimal adverse effects on the environment. The Long-Term Waste Management Storage Facility included a compacted clay soil layer over the natural till at the site, a single liner geomembrane system, a sand leachate drainage layer and a cover system. The MPRT identified opportunities to strengthen the design and provide greater redundancy toward protecting the natural till deposit at the site and the surrounding environment. The PHAI-MO developed an enhanced facility design for the engineered mound that utilizes a capillary barrier and drainage system as part of the cover system. The MPRT supported the revised design of the mound. The detailed design documentation reflects the revised facility design and we are satisfied with the integrity of the mound as depicted in the specifications and drawings. Flushing The MPRT assessed the design for the long-term remediation of the existing WMF through flushing groundwater contaminants. After the waste material is removed and stored in the LTWMF, the residual contaminated groundwater at the existing Port Granby WMF will be flushed over an extended period of time. Collection facilities will be employed over that period of time to gather residual water and pump it to the water treatment facility. Following discussions with PHAI-MO, the MPRT is satisfied with contaminant levels following clean-up and the time requirements for flushing considering that the site will not be used for residential uses. 6.2 Effects on the Natural Environment and Biota We reviewed the EASR, detailed design documents and specifications, Environmental Protection Plan and the Biophysical Effects Monitoring Plan. The MPRT looked carefully at effects on flora and fauna (on and off-site), potential effects on streams and wildlife corridors (e.g. fish habitat and migratory birds), the preservation and restoration of vegetation and the protection of Port Granby Creek. We concluded that the LTWMF and remediation plans have provided satisfactory AECL Application for the Waste Nuclear Substance Licence Port Granby Project Hearing(Ref.2011-H-07) 8-168 Municipal Peer Review Team Submission 7 provisions for the monitoring and mitigation of effects on the natural environment. We are satisfied that the natural environmental effects of the Project have been appropriately addressed in the design documentation stage. 6.3 Effects on the Socio-Economic Environment It is important to the Municipality, the MPRT and PHAI-MO that the quality of life of the local community be maintained over the construction and operation phases. The MPRT reviewed the socio-economic portions of the EASR and background studies as well as relevant documentation in the licensing documents and program plans. We also attended consultation sessions with local residents and reviewed public consultation documentation developed by PHAI-MO. We conclude that with appropriate mitigation measures and follow-up monitoring, the LTWMF Project will not cause significant socio-economic effects. The MPRT recommended the adoption of impact avoidance programs and measures as a first priority (before implementing complaints monitoring). We also recommended the strengthening of impact avoidance and oversight measures where municipal assets (e.g. roads, bridges, sewers and other municipal infrastructure) maybe affected. Furthermore, the MPRT has encouraged a pro-active approach to socio-economic effects monitoring, avoidance and mitigation as opposed to adaptive management (where issues are corrected after they have occurred). The PHAI-MO has accepted a more proactive set of measures to avoid socio-economic effects. We reviewed the "Socio-Economic Effects Monitoring Plan — Port Granby Project — 4502- 509246-PLA-003" and related socio-economic analysis pertaining to effects on the enjoyment of property, agricultural effects, noise, dust,traffic and nuisance effects, effects to property values and the efficacy of the Property Value Protection Program. We conclude that the analysis and long term monitoring, avoidance and management of the socio-economic environment is satisfactory. 6.4 Dust Management The MPRT carefully reviewed the EASR, background documentation and detailed design documents (including specifications)for all items related to the management of dust (regarding the remediation of the WMF and new LTWMF). Throughout the review process, we maintained that dust should not be detected beyond the site fence line and consequently should not be leaving the site. During the detailed design phase we noted that the design includes two zones intended to ensure,that radiological contamination and marginally contaminated soil dust does not leave the site. This information has been vital in addressing our concerns about dust management. We are pleased to note that the PHAI-MO has committed to provide a Dust Management Plan and we look forward to reviewing it and the exclusion boundaries supporting the engineering drawings. AECL Application for the Waste Nuclear Substance Licence Port Granby Project Hearing(Ref.2011-H-07) 8-169 Municipal Peer Review Team Submission 8 6.5 Human Health and Safety Radiation protection has been a key concern for the MPRT as it pertains to the EASR, background documentation and the detailed design documentation. We obtained and reviewed the Radiation Protection Plan (licensing document)and concluded that it satisfactorily addresses radiation protection. 6.6 Transportation The MPRT reviewed the analysis of potential transportation effects and mitigation measures (on and off-site) as presented in the EASR, background studies and the detailed design documents. We reviewed the project's requirements to upgrade some municipal roads to be used as haul routes and the implication for community and municipal interests. The MPRT(and Municipality of Clarington) worked with the PHAI-MO on a resolution to these issues and we are confident they can be resolved. 7.0 , Conclusion The MPRT has provided thousands of comments to PHAI-MO on the design, construction, management and long term operation of the Port Granby Project. We have been thorough in our reviews. The MPRT and PHAI-MO have not always agreed. Regardless, the PHAI-MO was receptive to our comments. We commend them for working through the issues. The MPRT agrees with the CNSC staff conclusion that AECL is qualified to manage the LTWMF and complete the activities that will be authorized by the licence. We support the issuance of the WNSL and look forward to working with the PHAI-MO as the Project moves forward. AECL Application for the Waste Nuclear Substance Licence Port Granby Project Hearing(Ref.2011-H-07) 8-170 Attachment 5 To Report PSD-078-11 AUG o $ 1 2U1 !>< MUNICIPALITY Of CLARINGTON -�,;,�-•—:.,,, PLANNING DEPARTMENT 'rho Municipality of Port Flope OFFICE OF THE N-iAYOR July 25, 2011 Louise Levert Secretariat Canadian Nuclear Safety.Commission 280 Slater Street P.O. Box 1046 Ottawa, Ontario KtP 5S9 Dear Ms. Levert, Re: Support for Port Granby Project Waste Nuclear Substance License On behalf of the Municipality of Port Hope,I would like to thank the Canadian Nuclear Safety Commission for the opportunity to provide this submission in support of the 141,)plication for the f taste Miclear Substance License for the Port Granby Long-Term Loin-Lei,el Radioacth. e Waste-11(wagement Project. The Legal Agreement between the Municipality of Clarington, the Municipality of Port Hope and the Governnent of Canada:establishes the two 114unicipalities as key stakeholders in the Port Hope Area Initiative. The Agreement also amply demonstrates the commitment of all parties to both the Pori Hope and Port Granby Projects, As a key stakeholder in the Port Hope Area Initiative, the Municipality of Port Hope has a vital interest in ensuring the safe clean-up-and long tern management of the radioactive waste and contaminated soils in both Clarington and Port I-lope, As such,we have consistently supported the efforts of the Port Hope Area Initiative and the Municipality of Clarington towards the successful implementation and completion of the Port Granby Project. The progress to date on both the Port Hope and Port Granby Projects is, in large part,the result of the thoroughness of the work undertaken by the Port Hope Area Initiative Management Office and the Municipal Peer Review Teams, and the positive and 1 56 Queen Street Port Hope ON LIA ZfZ9 t:90S.885.4544 f.905.885.7698 mawr@porthope.ca ,•v\\,v.porthope.ca 8-171 cooperative working relationship that has existed among the parties over the past several years. We understand that the Municipality of Clarington has completed its review of the Port Hope Area Initiative Project documents and plans and is in support of the Project proceeding. Therefore, the TV11micipality of Port hope would like to reiterate its support for the Port Granby Project and the Application.for•the Maste Nuclear Substance License to be considered by the CNSC at its hearing on September 27, 2011. Sincerely, i �i or ipsot� Mayor cc. Mayor Adrian Foster,Municipality of Clarington Christine Fahey,PHAI MO R. Carl Cannon, CA.O Janice Szwarz, Municipality of Clarington Anthony Hobbs,TN4PRT 8-172 Attachment 6 To Report PSD-078-11 -HIG AY 401 NEWTONVILLE RD. EXIT 448 CONCESSION ROAD 1 i O 4 Q w 0 PNO HUDSON Rqk qY W RAILWAY NATtONA CAN A iAN � J LTWMF 0 O MOUND U J � W Z ? Q • U • O Q w Z EXISTING SITE v pNKSSH4RV' ROAD LAKE ONTARIO Transportation ,access Routes Primary Access Route -.- - Contingency Haul Route ••••••• ••• lnter-Site Route I 8-173 Cla rft w,a REPORT ENGINEERING SERVICES DEPARTMENT Meeting:, GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: Report#: EGD-031-11 File#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-031-11 be received for information, Submitted by: � Reviewed by: A. S. Cannella, C.E.T. Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC/bb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-1 REPORT NO.: EGD-031-11 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of June 2011, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JUNE 2011 2010 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2011-2010 Residential 143 $26,798,512 107 $18,102,788 48.0% Industrial 3 $2,090,000 3 $2,002,125 4.4% Government 0 $0 0 $0 N/A Commercial 15 $10,060,989 6 $18,194,935 -44.7% Institutional 1 $3,200 1 $150,000 -97.9% Agricultural 5 $287,900 1 $15,000 1,819.3% Demolition 2 $0 5 $0 N/A TOTAL 169 $39,240,601 123 $38,464,848 2.0% YEAR TO DATE 2011 2010 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2011-2010 Residential 486 $101,949,128 471 $89,437,011 14.0% Industrial 6 $2,635,000 3 $2,002,125 31.6% Government 4 $201,000 2 $2,010,700 -90.0% Commercial 35 $13,938,109 26 $21,858,335 -36.2% Institutional 5 $2,305,200 9 $9,310,400 -75.2% Agricultural 12 $617,316 11 $1,308,536 -52.8% Demolition 16 $0 18 $0 N/A TOTAL 564 $121,645,753 540 $125,927,107 -3.4% 9-2 REPORT NO.: EGD-031-11 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 1 HARTWELL BOWMANVILLE INC Medical Building 1 HARTWELL AVENUE, $2,884,800 BOWMANVILLE ROGERS COMMUNICATIONS INC. Alterations&Additions to 1,616 HIGHWAY 2, COURTICE $1,800,000 Rogers Telecommunications KAREN BASTAS Addition to Restaurant& 29 KING WEST AVENUE, $300,000 Demolish Partial Existing NEWCASTLE VILLAGE ONTARIO POWER GENERATION Fire Protection Upgrades 2,151 SOUTH SERVICE ROAD, $250,000 East Warehouse- DARLINGTON 1804603 ONTARIO INC. Building A/C Grocery Store 680 LONGWORTH AVENUE $3,416,248 and Retail BOWMANVILLE 1804603 ONTARIO INC. Building B Retail 680 LONGWORTH AVENUE $915,882 BOWMANVILLE VALIANT RENTAL INC. Building B 1995 GREEN ROAD $1,051,809 BOWMANVILLE VALIANT RENTAL INC. Building E 1995 GREEN ROAD $663,850 BOWMANVILLE BOWMANVILLE INVEST. INC. Interior-Alterations 2316 HIGHWAY 2 $450,000 (Mucho Burito) BOWMANVILLE 9-3 REPORT NO.: EGD-031-11 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of"JUNE" and "YEAR TO DATE". Dwelling Unit Type"JUNE"2011 dwelling Unit Type"YEAR TO DATE 2011" 1 3 Apartment 84 Apartment 1% Townhouse 1% 42 23% Kr Ta�mhouse 44 40°.o Detached � 42% r 211 Single Detached 68 58% Semi- 18 , �4 ^ Detached semi-✓ W Single Detached 44 18% A Single Detached 211 Detached Semi-Detached 18 CA Semi-Detached 68 17% to Townhouse 42 FA Townhouse 84 III Apartment 1 El Apartment 3 The following is a historical comparison of the building permits issued for the month of"JUNE" and "YEAR TO DATE" for a three year period. Historical Data for Month of Historical Data"YEAR TO DATE" "June" $140,000,000 - — - $45,000,000 { $120,000,000 $40,000,000 -� _. ....._.. $35,000,000 _ $100,000,000 — - ------- $30,000,000 _- _____. S80,000,000 ----- --------- ------------------- $25,000,000 $20,000,000 - - - _-- - - $60,000,000 - — $15,000,000 -...- -- -- - - -- $40,000,oa0 ------- - --------- --- $10,000,000 i - --- - ----- - — -- $20,000,000 --- - $o ;— $o -- - - -- - i 2011 2010 2009 1 2011 2010 2009 Value$ $39,240,6011$38,464,848 1 $4,951,480 Vahie $ ,753 $125,927,107 $47,363,706 - 121,645--- --- ---- 9-4 REPORT NO.: EGD-031-11 PAGE 5 PERMIT REVENUES 2011 2010 June Year to Date June Year to Date PERMIT FEES $280,043 $805,629 $308,011 $933,090 INSPECTION SERVICES 2011 2010 June Year to Date June Year to Date Building Inspections 643 2,699 595 2,573 Plumbing & Heating Inspections 697 2,996 539 2,694 Pool Enclosure Inspections 19 24 15 40 TOTAL 1,359 5,719 1,149 5,307 NUMBER OF NEW RESIDENTIAL UNITS 2011 2010 June Year to Date June Year to Date Single Detached 44 211 36 201 Semi-Detached 18 68 20 64 Townhouse 42 84 19 57 Apartments 1 3 0 18 TOTAL 105 366 75 340 9-5 REPORT NO.: EGD-031-11 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: (toe nd of 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 AREA .tune) Bowmanville 136 282 98 340 451 609 307 587 468 345 312 Courtice 190 236 113 134 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 6 6 11 5 11 12 13 10 16 15 9 Burketon 0 1 0 0 0 0 1 1 1 1 0 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 3 2 ' 0 0 1 1 1 0 2 5 Hampton 0 0 0 0 1 1 1 0 3 1 1 Haydon 0 0 0 0 0 0 0 0 0 0 0 Kendal 0 1 1 0 1 0 0 1 0 3 2 Kirby 0 1 0 0 0 0 0 0 0 0 0 Leskard EO 0 0 0 0 0 0 0 0 1 0 Maple Grove 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 1 1 5 0 6 3 3 3 3 1 1 Tyrone 0 1 0 5 0 0 0 0 3 9 3 TOTALS1 366 593 1 274 593 655 861 802 1,015 843 701 609 9-6 REPORT NO.: EGD-031-11 PAGE 7 CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Rick,Pigeon, Chief Building Official 9-7 Clarington REPORT ENGINEERING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: Rep ort#: EGD-032-11 File#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-032-11 be received for information, E . i Submitted by: �` Reviewed by: C)t� � A. S. Cannella, C.E.T. Franklin Wu, tc- Director of Engineering Services Chief Administrative Officer ASC/bb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-8 REPORT NO.: EGD-032-11 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of July 2011, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF JULY 2011 2010 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2011-2010 Residential 94 $16,950,686 73 $12,981,438 30.6% Industrial 0 $0 1 $5,000 N/A Government 1 $270,000 1 $460,000 -41.3% Commercial 5 $368,035 6 $737,644 -50.1% Institutional 8 $497,425 8 $2,732,000 -81.8% Agricultural 0 $0 2 $107,000 N/A Demolition 1 $0 13 $0 N/A TOTAL 109 $18,086,146 104 $17,023,082 6.2% YEAR TO DATE 2011 2010 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2011-2010 Residential 580 $118,921,114 .544 $102,418,449 16.1% . Industrial 6 $2,635,000 4 $2,007,125 31.3% Government 5 $471,000 3 $2,470,700 -80.9% Commercial 40 $14,329,134 32 $22,595,979 -36.6% Institutional 13 ' $2,802,625 17 $12,042,400 -76.7% Agricultural 12 $617,316 13 $1,415,536 -56.4% Demolition 17 $0 31 $0 N/A TOTAL 673 $139,776,189 644 $142,950,189 -2.2% 9-9 REPORT NO.: EGD-032-11 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. REGIONAL MUNICIPALITY OF Addition to truck wash (Works 3,480 TAUNTON ROAD, CLARKE $270,000 DURHAM Depot) 9-10 REPORT NO.: EGD-032-11 PAGE 4 The following is a comparison of the types of dwelling units issued for the month of"JULY' and "YEAR TO DATE". Dwelling Unit Type"JULY"2011 Dwelling Unit Type"YEAR TO DATE 2011" 3 . 0 96 Apartment 12 Apartment 1% To�rmhause T04Vn11UU5e 0% 23°0 2 Semi- k £ Detached 4% 253 42 70 Single ., Single Semi- Detached Detached Detached 60°l0 W Single Detached 42 7SVG 16% M Single Detached 253 EA Semi-Detached 2 121 Semi-Detached 70 Townhouse 12 M Townhouse 96 Apartment 0 N Apartment 3 The following is a historical comparison of the building permits issued for the month of "JULY" and "YEAR TO DATE" for a three year period. Historical Data for Month of Historical Data"YEAR TO DATE" i Uly of 1$160,000,000 �- --- -- -- - - $20,000,000 -____--_------------ ._--_- ----____._--.---- $140,000,000 - $18,000,000 -- .. -- - ---------------- $16,000,000 . ..._._. __...__ $120,000,000 $14,000,000 __. $100,000,000 $12,000,000 -- $80,000,000 �— $10,000,000 !---- ----------- ---------`-.-...----- - � $8,000,000 --- $60,000,000 ----- -------------- - -- - -- $6,000,000 -- $40,000,000 �._..-- ------------ $4,000,000 ;- --- - - - -— I $2,000,000 - -- - ------ $2o,0oa,000 ; _ $0 2011 2010 ..__.�_.. 2009 $0 - ! 2011 2010 1 2009 Value $18,086,1461$17,023,082 $9,731 233 Vafue1$139,776,189 $142,950,189] $57,094,939 9°11 REPORT NO.: EGD-032-11 PAGE 5 PERMIT REVENUES 2011 2010 July Year to Date July Year to.Date PERMIT FEES $123,622 $929,251 $108,880 $1,042,068 INSPECTION SERVICES 2011 2010 July Year to.Date July Year to Date Building Inspections 597 3,299 481 3,054 Plumbing & Heating Inspections 607 3,603 402 3,096 Pool Enclosure Inspections 14 38 14 54 TOTAL 1,218 6,940 897 6,204 NUMBER OF NEW RESIDENTIAL UNITS 2011 2010 July Year to Date July Year to Date Single Detached 42 253 30 231 Semi-Detached 2 70 14 78 Townhouse 12 96 0 57 Apartments 0 3 0 18 TOTAL 56 422 44 384 9-12 REPORT NO.: EGD-032-11 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON AREA YEAR: oe (to end of 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 July) Bowmanville 148 282 98 340 451 609 307 587 468 345 312 Courtice 226 236 113 134 82 126 241 173 180 133 129 Newcastle 29 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 4 8 6 10 6 7 14 15 13 17 47 Clarke 7 6 11 5 11 12 13 10 16 15 9 Burketon 0 1 0 0 0 0 1 1 1 1 0 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 0 3 2 0 0 1 1 1 0 2 5 Hampton 0 0 0 0 1 1 1 0 3 1 1 Haydon 0 0 0 0 0 0 0 0 0 0 0 Kendal 0 1 1 0 1 0 0 1 0 3 2 Kirby 0 1 0 0 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 0 1 .0 Maple Grove 0 0 0 0 0 0 0 0 1 0 0 Mitchell Corners 1 0 0 0 1 0 0 1 0 0 0 Newtonville 2 7 5 7 2 2 4 5 3 3 0 Solina 1 1 5 0 6 3 3 3 3 1 1 Tyrone 0 1 0 5 0 0 0 0 3 9 3 TOTALS 422 593 274 593 655 861 802 1,015 843 701 609 9-13 REPORT NO.: EGD-032-11 PAGE 7 CONFORMITY WITH STRATEGIC PLAN = Not Applicable Staff Contact: Rick Pigeon, Chief Building Official 9-14 Cladyngton REPORT ENGINEERING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: SEPTEMBER 12, 2011 Resolution#: By-law#: Report#: EGD-033-11 File#: Subject: PROPOSAL TO CLOSE AND CONVEY PORTIONS OF A ROAD ALLOWANCE SITUATED BETWEEN LOT 32 AND 33, CONCESSION 7, FORMER TOWNSHIP OF CLARKE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-033-11 be received; 2. THAT Council authorize the publication of a notice of application that the Municipality intends to pass a by-law to close those parts of the road allowance situated between Lots 32 and 33, Concession 7, Former Township of Clarke (Attachment 1), pursuant to section 34 of the Municipal Act and By-Law No. 95- 22; 3. THAT staff report back to Council with final recommendations and appropriate by-laws; 4. THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and 5. THAT all interested parties listed in Report EGD-033-11 be advised of Council's decision. f' Submitted by: Reviewed b : Y A.S.6annella, C.E.T. Panklin Wu, t f Director of Engineering Chief Administrative Officer Services /dv CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-15 REPORT NO.: EGD-033-11 PAGE 2 1. BACKGROUND Orono Fish & Hunt Club is the owner of a property located in Lot 33, Concession 7, in the former Township of Clarke. The property is situated on the west side of an unopen municipal road allowance. Orono Fish & Hunt Club (OFHC) wishes to purchase a portion of the unopen road allowance, which fronts on their property, in order to construct a noise berm. The legal closure and the conveyance of that portion of the unopen road allowance to the Orono Fish and Hunt Club will allow them to construct the berm in the most advantageous location. There is one property adjacent to the road allowance. The owner of this property has been contacted, and they have officially responded that they have no objection to the road closure and conveyance to OFHC. 2. POLICY AND PROCEDURE Under the Municipal Act, the Municipality must give notice of its intention to pass a by-law to close a portion of road allowance. Under the Municipality's Policy and Procedure, the Municipality must circulate the application to all appropriate parties (Agencies and Utilities), hold a public hearing and, if Council approves, pass a by- law closing the portions of the road allowance and a by-law conveying the property. The applicant will be responsible for appraisal, advertising, survey, legal and land costs. 3. CONCLUSION The Director of Engineering Services has determined that a portion of the road allowance situated between Lot 32 and 33, Concession 7, Former Township of Clarke is not required for the municipal road network. It is therefore recommended that the closure and conveyance be approved in principle and that staff be directed to process the application. The matter will be brought back to a future Council meeting at which time a public meeting will be held prior to Council's final decision. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Leslie Benson, Manager of Transportation & Design Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Orono Fish and Hunt Club 9-16 LOT 33 LOT 32 ORONO FISH AND HUNT CLUB IL Unopened Road Allowance Proposed t be Closed and Conveyed tl CONC. 7 l� CLARKE l CONCESSION ROAD 7 CLARKE � O Conc.Rd. 7 �111_ j O `` 0 Taunton Rd. DRAWN BY: E.L. DATE:August 4,2011 oRONO — fib E REPORT EGD-033-11 ti a ' KEY MAP ATTACHMENT NO. 1 Ya ��;,; �, :_, i__,,.� - G:VWttachmentsl0rono Fish&Hunt Club.mxd Clarftwn OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: N/A Report#: OPD-011-11 File#: Subject: SENIOR CITIZENS AND THE PHYSICALLY DISABLED SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING PROGRAM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-011-11 be received; and 2. THAT the fee for resident participation in the Senior Citizens And The Physically Disabled Sidewalk And Driveway Windrow Snow Clearing Program be increased to $100 + HST per registered address. Submitted by: Reviewed by: Fr deyick J. Horvath Franklin Wu, B.A., R.D.M.R., R.R.F.A. Chief Administrative Officer Director of Operations FH/sh September 7, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 1 10-1 REPORT NO.: OPD-011-11 PAGE 2 1.0 BACKGROUND On October 13, 1992 the Council for the Town of Newcastle passed Resolution #C-667-92 which stated: "THAT, in accordance with Council's direction, removal of snow and ice from sidewalks and driveway windrows be provided for senior citizens and the physically disabled..." The Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program has been offered each winter season since. Over time the program was expanded to include Bowmanville and Courtice as well as the surrounding hamlet areas. In 1993 Council approved a motion to include the remaining hamlet areas. Official statistics on participation in the years prior to 1999 were not available at the writing of this report however, recent statistics show that from 2000 to 2008 fluctuated slightly with an average participation of 638. The 2008/2009 season saw an increase to over 700. The introduction of a fee in late 2009 brought a dramatic reduction in participants. Eligibility For residents to be eligible for this service, applicants must be 65 years of age or older or be physically disabled, occupy a single family dwelling which fronts a Municipal street in the specified urban areas or the urbanized areas of the specified hamlet's, and have no able bodied persons under the age of 65 years residing on the property. Senior citizens must provide a copy of a birth certificate or Senior Citizens Number; physically disabled applicants must provide a doctor's certificate. Service The sidewalk snow clearing service for participants starts when a snowfall ends and only when there is more than two centimeters of snow on sidewalks. The driveway windrow snow clearing will not begin until such time as snow plowing on all municipal streets has been completed. Call Out During the winter season Staff monitor weather and conditions to ensure that the contractor is called out to perform clearing of sidewalks and windrows to meet both the policy set by Operations Department and the expectation of our residents. Due to weather variations not all areas require clearing at every call out. Winter events that encompass the whole municipality are deemed to be "full call outs". Participation Fee In August of 2009 the economic climate caused a budget shortfall requiring Council to take remedial action. At that time Resolution C-575-09 (Attachment 1) 10-2 REPORT NO.: OPD-011-11 PAGE 3 was passed resulting in the cancellation of the Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program. Staff Report COD-058-09 (Attachment 2) was brought forth providing options for Council with regard to re-instating the Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program. Corporate Services Report COD-058-09 detailed three options which would allow the continuation of the program by provided an overview the financial implications for each. Council Resolution C-582-09 directed staff to provide a modified version of our Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program and: "THAT the annual administration fee for the 200912010 Senior and Physically Disabled Sidewalk Windrow snow clearing Service be $75 per registered.property...." On November 9, 2009 in response to residents, Council passed Resolution #C- 664-09 stating: "THAT, the annual administrative fee for the 200912010 Senior and physically disabled Sidewalk/Windrow Snow Clearing Service be set at$60 per registered property." 2.0 STATISTICAL DATA This chart shows a breakdown of the number of times contractors are called out to remove sidewalk snow/windrow. January February March April November December Total 2010 6 8 0 0 1 8 23 2011 8 12 4 24 10-3 REPORT NO.: OPD-011-11 PAGE 4 Participation: Number of Total Total Participants Sidewalk in Windrow in Metres Metres 1999 -2000 n/a 11,591 3,650 2000 -2001 611 11,619 3,787 2001 -2002 629 11,527 3,801 2002 -2003 646 12,153 3,816 2003 -2004 662 12,997 4,023 2004 -2005 637 12,465 3,794 2005 -2006 627 11,819 3,722 2006 -2007 631 12,277 3,747 2007 -2008 664 13,136 3,924 2008 -2009 781 14,042 4,303 November 2009-Council approves a Fee for Service 2009 -2010 293 5,535 1,634 2010 -2011 276 5,245 1,570 The introduction of a fee for service base to this program has led to a significant decrease in participation. 3.0 PROGRAM FUTURE The Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program.is offered as an added service to area residents and is not, nor was it ever intended to be, a core service. As per Report COD-007-11 (Attachment 4); due to a change in contractors the price per call out increased to $3,079.79 (+ HST) per full call out last season. It is anticipated that a 2-3% price increase may be requested by the contractor for inflation. The expectation would be that the cost of the program for the 2011 - 2012 season will exceed the actual fees received. $3,079.79 X 23 (call outs for 2010) = $70,835.17 (+HST) The following chart details the cost associated with the Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program for the last 5 years: 10-4 REPORT NO.: OPD-011-11 PAGE 5 Year Cost Fees Pd 2007 $80,966 0 2008 $87,379 0 2009 $26,452 0 2010 $6,196 $17, 580 2011* $49,616 $16,560 *cost is for first half of 2011 It is important to note that the above figures do not include costs associated with staff and administrative costs of this program. Attachment 5 provides a chart showing a comparison with area municipalities. 4.0 CONCURRENCE This report has been reviewed by Nancy Taylor, Director of Finance and Jerry Barber, Purchasing Manger who concurs with the recommendations. 5.0 CONCLUSION In keeping with Council intent in 2009, Operations Department respectfully recommends that Council authorize an increase to the fee for the Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program to $100 + HST per registered property to assist with offsetting the cost of delivering this non-essential service. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Susan Hajnik, Operations Technician Attachments: Attachment 1 - Resolution C-575-09 Attachment 2 - Report COD-058-09 Attachment 3 - Resolution C-663-09 and C-664-09 Attachment 4 - Report COD-007-11 Attachment 5 - Senior Sidewalk And Driveway Windrow Snow Clearing Survey 10-5 Attachment 1 Report OPD-011-11 Council Meeting.Minutes - -22 - October 5, 2009 AND WHEREAS,.at present time, MPAC is behind in processing Municipality of Clarington's non-residential property assessments; AND WHEREAS, it is essential for 2010 budget purposes to ease the tax burden on the residential taxpayers by ensuring the new non-residential properties are entered onto the tax roll as soon as possible through the MPAC process; NOW THEREFORE be it resolved that the Council of the Municipality of Clarington request MPAC to place a priority on Clarington's new non-residential property assessments so that these properties will be on the returned roll at the end of 2009 for 2010 taxation; AND FURTHER that this resolution be forwarded to Mr. Michael Porporo, Municipal Relations Representative, Municipal Property Assessment Corporation (MPAC) and John O'Toole, MPP, Durham. "CARRIED" Resolution #C-575-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the following resolution #C-452-09 be reconsidered: "THAT Report COD-051-09 be received; THAT based on the potential for incomplete service for the Senior Snow Clearing Program due to tender bids for part of the municipality only, Council consider deferral of the program for the winter 2009-2010 season; THAT B:J. Flint, be advised that the tender for the 200912010 Senior Snow Clearing Program is cancelled; THAT in light of the current economic climate resulting in budgetary restraints the 2010 budget deliberations consider the future of this non-core service provision for the 2010/2011 winter season; and THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is proof that their service meets acceptable Municipal standards." "CARRIED" 10-7 Council Meeting Minutes -23 - October 5, 2009 Resolution #C-576-09 Moved by Councillor Robinson seconded by Councillor Novak THAT Report COD-051-09 be received; THAT based on the potential for incomplete service for the Senior Snow Clearing Program due to tender bids for part of the municipality only, Council consider deferral of the program for the winter 2009-2010 season; THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing Program is cancelled; THAT in light of the current economic climate resulting in budgetary restraints the 2010 budget deliberations consider the future of this non-core service provision for the 201012011 winter season; and THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is proof that their service meets acceptable Municipal standards. "PARAGRAPHS 1 to*4 LOST, PARAGRAPH 5 CARRIED" (See following motions) Resolution #C-577-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the foregoing Resolution #C-576-09 be divided to vote on Paragraphs 1 to 4 separately from Paragraph 5. "CARRIED" The vote on Paragraphs 1 to 4 "LOST ON THE FOLLOWING RECORDED VOTE Council Member Yes No Declaration of Pecuniary Interest Councillor Foster Councillor Hooper Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Mayor Abernethy 10-8 Council Meeting Minutes -24 - October 5, 2009 Resolution #C-578-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is proof that their service meets acceptable Municipal standards. "CARRIED" UNFINISHED BUSINESS Resolution #C=579-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report CLD-019-09 be received; THAT a letter of support be forwarded to Show Kids You Care. "CARRIED" Resolution #C-580-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report COD-058-09 be lifted from the table. "CARRIED" Resolution #C-581-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report COD-058-09 be received; THAT Council provide direction with respect to the provision of the senior's and disabled snow clearing services; THAT, should Council elect to provide the service for the 2009-2010 season by means of contracted services the Manager of Purchasing be authorized to proceed with a bid solicitation process for the provision of the senior's and physically disabled sidewalk snow clearing service for all Clarington areas and report back with the bid results at the earliest possible date; 10-9 Council Meeting Minutes -25 - October 5, 2009 THAT Council provide direction with respect to the application of and the amount of an annual fee to be charged for the provision of the service; and THAT Margaret H. Polmari, and other interested parties on record, be advised of. Council's decision. ,CARRIED AS AMENDED" (See following motions) Resolution #C-582-09 Moved'by Councillor Hooper, seconded by Councillor Foster THAT the foregoing resolution #C-581-09 be amended to delete paragraphs 2, 3 and 4 and replace with the following: 2. THAT staff be directed to provide a modified version of our previous Senior and Physically Disabled Sidewalk Snow Clearing Service on the basis of the following: a) the property owner would register with the Municipality for the service; and b) there would be an annual administration fee to be pre-paid at the time of registering for the service. 3. THAT the Manager of Purchasing be authorized to proceed with a bid solicitation process for the provision of the senior's and physically disabled sidewalk snow clearing service for all Clarington areas and report back on the bid results at the earliest possible date; 4. THAT the annual administration fee for the 2009/2010 Senior and Physically Disabled Sidewalk Snow Clearing Service be$75 per registered property. "CARRIED AS AMENDED" (See following motion) 10-10 Attachment 2 Report OPD-011-11 R E Elm 1 .� Leading the Way s CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 28, 2009 Report#: COD-058-09 File# By-law# Subject: , SENIORS AND PHYSICALLY DISABLED SIDEWALK/WINDROW SNOW CLEARING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-05$-09 be received; 2. THAT Council provide direction with respect to the provision of the senior's and disabled snow clearing services; 3. THAT, should Council elect to provide the service for the 2009-2010 season by means of contracted services the Manager of Purchasing be authorized to proceed with a bid solicitation process for the provision of the senior's and physically disabled sidewalk snow clearing service for all Clarington areas and report back with the bid results at the earliest possible date; 4. THAT Council provide direction with respect to the application of and the amount of an- annual fee to be charged for the provision of the service; and 5. THAT Margaret H. Polman, and other interested parties on record, be advised of Council's decision. Submitted by: Reviewed by: arie Marano,. H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer MM\JDB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905) 623-3379 F(905) 623-4169 10-11 REPORT NO.: COD-058-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1. At their meeting held September 21, 2009, Council approved a General Purpose and Administration Committee resolution that staff investigate options for the senior's snow clearing program and provide information on the programs of neighbouring municipalities. (Resolution #GPA-511-09—attached as Schedule "D"). 1.2 This report 'outlines the options available to the Municipality with respect to the Seniors Snow Clearing program as well as an overview of the programs offered by the neighbouring municipalities of Oshawa, Whitby, Ajax and Pickering. Based on available records and informal inquiries staff has also provided estimates of cost, staffing. implications and outlined the timing issues associated with each option. 1.3 Although not a core service, for a number of years the Municipality' has provided sidewalk and windrow snow clearing service using contracted forces to clear the snow from senior's sidewalks and remove windrows from driveways. The contracts have been established using•the competitive bid process and a review of the files indicates that the competition for this.contract has been limited. For example,. in 2006 when the contract was tendered there was only one bidder that bid all areas. There was a second bidder for Section 3 only, but the prices were slightly higher. The 2006 contract also included snow clearing services for municipally owned'properties, additional sidewalks, municipal facilities, snow clearing from boulevards and trails and pathways as well as the senior citizens and physically disabled snow'clearing. Overall, this contract was significant in size and was a challenge for any contractor given the number of sites to be serviced and the geographic coverage. 1.4 In 2009 the snow clearing requirements were .divided into .two tenders, one for the municipal properties, sidewalks and boulevards and the second for the senior's sidewalk snow clearing and bidders were given the option of bidding on one or any combination of areas being Courtice, Bowmanville and Newcastle and Rural Areas. As noted in Report COD-051-09, copy attached as Schedule "A', response to the senior's snow clearing tender provided one acceptable bid for Courtice and Bowmanville areas only and it was not practical to accept this bid given that there was no assurance that a second request for bid would result in submissions covering the Newcastle and Rural. 10-12. REPORT NO.: COD-058-09 PAGE 3 1.5 Attached for information is a tabulation of services provided by neighbouring municipalities (See Schedule C) 2. ANALYSIS 2.1 Essentially, there are three options available to the Municipality that deal with the senior's snow clearing service. The options are listed below and include a discussion on each option: a) Provide the service using contracted forces (past practice); b) Provide the service using municipal staff and equipment; or c) Let the current resolution stand. 2.2 Provide the service using contracted forces; i) In order to provide the services using contracted service, standard practice calls for formal public bid solicitations to secure the required prices necessary to proceed with an award. However, as noted in Report COD-051-09 interest in the contract has been limited. Should Council direct that a new process be undertaken to secure prices the process is further complicated by the limited time before the onset of winter. At present many of the contractors have either committed to contracts for the coming winter or they are in the process. Our requirements are also complicated by the significant geographic area involved and the low level of need in the rural areas; approximately 82 locations in Newcastle, 24 in Orono and 43 in the rural hamlets of Newtonville, Leskard, Hampton, Burkton, Enniskillen, Kirby and Townline Road whereas Courtice has 223 locations and Bowmanville has 436 (808 in total). Given the extensive travel required to service these areas contractors are reluctant to undertake a contract of this nature or if they are interested, their prices will be high to reflect the travel. With respect to the timing, using the bid process,would take approximately 6 to 8 weeks to draft, issue the bid documents, receive submissions, conduct evaluations and prepare a report to Committee and Council. Assuming bids could be obtained to provide services to all areas an award would likely not be made until late November. 10-13 REPORT NO.: COD-058-09 PAGE 4 ii) To complicate the situation, the Operations Department requires time to distribute letters to potential customers, obtain responses and determine the actual requirements for the season. This should not be done until it is certain that service can be provided. iii) The unknowns associated with this option are the number of responses that can be expected from the contractors and, if sufficient bids covering the Municipality consistently will be obtained to make an award possible. 2.3 Provide the service using municipal staff and equipment. i) As noted in Schedule 'C', Oshawa, Whitby and Ajax provide the senior's snow clearing service as part of their annual program and the service is provided by municipal staff. ii) These programs have been in place for some years and the three municipalities . have acquired the. necessary equipment needed for the service and aligned their staff to facilitate snow clearance. Regardless, they find it to be a challenge to meet the criteria established for snow clearance. Oshawa, for example,utilizes 9 pieces of equipment to clear approximately 2,420 sites and most of their clearance areas are centralized compared to those in Clarington which are widespread geographically. In addition, Oshawa utilizes staff from other divisions to supplement their operations work crews during the winter months. iii) If Clarington is to consider an- in-house operation a significant investment in equipment and manpower would be required to cover the provision of additional service. This equipment would also include a means of transporting the snow removal equipment to the rural areas to keep travel time to a minimum. Staffing is also an issue as current staff struggle to maintain the existing level of service and work within the number of hours and limitations allowed by current legislation. Based on a preliminary review it is estimated that at least five snow' clearing units plus trailers and towing vehicles for transportation would be required. In addition to the equipment requirements, the staffing needed to operate the equipment would have to be resolved. It is estimated that ten (10) additional staff would be required to accommodate the snow clearing needs. And depending on the current work load of existing supervisory staff, and additional supervisor may be required. Whether the 10-14 REPORT NO.: COD-058-09 PAGE 5 proposed staff are full time or temporary would have to be resolved as would the training and licencing to enable them to operate the equipment as assigned. Assuming temporary staffing could be used it is estimated that the cost of the staffing for approximately six months would be in the area of $265,000 plus benefits for straight time. Overtime for snow storms would add to this cost but an estimate is difficult to determine at-this time. If full time staff were required and an additional supervisor was required the labour costs would increase significantly. iv) At the time of report preparation the best type of equipment has not been determined and, as a result, the availability is an unknown. However, using the type of equipment utilized by other municipalities as an example it is estimated that the five (5) sidewalk snow removal units would be required at a cost of approximately $140,000 each and five (5) trailers would cost approximately $10,000 each. The five (5) pickup trucks required to tow the trailers and also clear windrows are estimated at approx $40,000 each. In addition, a support unit would be required to provide the salt and sand needed by the snow clearing equipment. This would be estimated at $200,000. Total estimated equipment cost for start up for the first year would be in the area of $1,150,000 plus Retails Sales Tax or $1,242,200. In 'the event an additional supervisor is required it may be necessary to add an extra vehicle for transportation. As noted above the staffing requirements and cost would have to be finalized. The foregoing outlines the capital cost of the equipment. Once the equipment is acquired, it would require routine maintenance and repairs. At the time of report preparation these figures were not available but they are expected within the week. v) Should Council consider the in-house option it is recommended that it be explored for possible implementation no sooner than the 2010-2011 season to allow time for the budgeting and acquisition of equipment and the resolution of staffing-issues. The 2010 budgets for both operating and capital would also need to reflect the equipment acquisition costs and the staffing costs for snow clearing services. For clarification, it is not practicable to implement this type of program on short notice as equipment availability,is limited, funding has not been provided and staffing would have to be resolved. For example a tractor unit takes approximately 8 weeks from date of order while a single axle truck with sander (support vehicle) can take up to one year for delivery. 10-15 REPORT NO.: COD-058-09 PAGE 6 2.4 Let the current resolution stand. i) Based on the July resolution, this option was given consideration and adopted for the 2009-2010 season. If allowed to stand the seniors and the physically disabled will be required to make their own arrangements for the provision of the service. Their options will include the following: a. Make arrangements to have the snow cleared by a friend or family member. There may be a nominal cost associated with this option. b. Arrange to have the snow cleared using a private contractor. This option will have a cost associated with the service. c. Some of the seniors may qualify for the snow removal services available through Community Care Durham. There is a cost associated with this option, but will probably, be less than a private contractor. The use of this option is limited to those who. qualify and may be further complicated by the limited resources available to Community Care Durham. 3. FINANCIAL IMPLICATIONS . 3.1 With the exception of Option C, there is a significant cost associated with the provision of the service as follows: a) Provide the service using contracted forces to complete the work. Based on the unit prices provided in the last tender for the seniors snow clearing service it is estimated that the cost will be in the area of $88,000.00 per season assuming contractors are prepared to bid on the project. By comparison, the actual cost of the service during the 2008-2009 winter season was $59,886.13. This does not include municipal administrative costs associated with contract management. b) Provide the service using municipal staff and equipment. As noted in section 2.3 above the estimated cost of equipment necessary to complete the work is $1,150,000.00 plus staffing. The cost of equipment.would be an initial capital outlay and beyond that there would be on-going maintenance and repair costs throughout the life of the equipment. In addition, there should be a contribution to the reserve for the eventual replacement of the equipment as it reaches the end'of its life. This option holds a significant start up cost but once the initial outlay for equipment is out of the way the annual cost would be relatively . 10-16 REPORT NO.: COD-058-09 PAGE 7 repair costs throughout the life of the equipment. In addition, there should be a contribution to the reserve for the eventual replacement of the equipment as it reaches the end of its life. This option holds a significant start up cost but once the initial outlay for equipment is out of the way the annual cost would- be relatively consistent depending on frequency of snow fall. Depending on the type of equipment selected, there is a possibility that some off the equipment could be equipped for use in the summer months however this would require further review to determine cost, staffing requirements. c) Let the current resolution stand. From the municipalities perspective there is no monetary cost for this option. 3.2 In the past this service has been provided at no direct cost to those who qualify and register with the municipality. The cost to provide the service has been borne by the Municipality and paid for from operating accounts. This is similar to most of the area municipalities with the exception of Ajax who charges an annual fee of $100 to those receiving the service. Given the number of properties estimated for 2009-2010 at 808, a $100 charge for the service would recover approximately $80,800.00. Not all of the costs associated with the work would be recovered but it would lessen the cost to the .Municipality. 4. CONCLUSION 4.1 After review and analysis of the options, it is clear that there are three significant obstacles to the provision of the service for the 2009-2010 winter season. The first being the short time available to establish -prices and contracts. The second is the availability of contractors prepared to undertake the work and the third is the cost of providing the service. 4.2 Should Council elect to provide the service using contracted services for the 2009-2010 winter season it is imperative that work begin immediately in order to have contracts in place before the winter season arrives. 4.3 Should Council decide that an in-house service is preferred, it is recommended that this option be considered for the 2010-2011 season or later. 10-17 REPORT NO.: COD-058-09 PAGE 8 4.4 Should Council confirm their decision to defer the service for the 2009-2010 season but provide the service in 2010-2011, direction is required as to how the service should be . provided in 2010; i.e. contracted -or by municipal staff and in so doing direct staff to prepare the 2010 operating and capital budgets accordingly. 5. PROCEDURAL MATTERS 5.1 On July 13, 2009, Council passed a resolution which cancelled the Senior Snow Clearing Program for the 2009/2010 season. As this was an action of Council, the General Purpose and Administration Committee cannot reconsider that decision. Report COD-058-09 is included on the General Purpose and Administration.Committee for the purpose of generating discussion in light of the resolution Committee passed on September 14 which was approved by Council on September 21, 2009. 5.2 Following the discussion on the matter;.should it be Council's wish to reconsider the earlier decision of Council to cancel the program, it would be appropriate to table Report COD-058-09 to the Council meeting of October 5, 2009. The report would be included on the Council agenda under the heading "Unfinished Business". It will be necessary for a Notice of Motion to be provided to the Municipal Clerk for inclusion on that agenda that will allow for the reconsideration of Resolution #C452-09. Should the reconsideration motion carry by the required 2/3 vote (i.e., 5 members), the item is back up for• discussion and can be defeated at that point. That would then pave the way for the tabled report to be considered under Unfinished Business. 6. INPUT FROM*OTHER SOURCES 6.1 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Operations Co-Ordinator Information: Director of Finance/Treasurer Attachments: Schedule"A", Report COD-051-09 Schedule"B", Council Resolution#C-452-09 Schedule"C", Neighbouring Municipalities Survey Schedule"D", General Purpose and Administration Resolution#GPA-511-06 10-18 SCHEDULE "A" Leading the F�'ay REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL 0 Date: July 13, 2009 Report #: COD-051-09 File # By-law # Subject: Senior Snow Clearing Tender — Deferral of Service 2009-2010 Season Recommendations: it is respectfully recommended that Council approve the'following: 1. THAT Report COD-051-09 be received; 2. THAT Council provide direction on the following options: A) THAT based on the potential for incomplete service for the Senior Snow Clearing Program due to tender bids for part of the municipality only, Council consider deferral of the program for the winter 2009-2010 season; THAT 13.1 Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing Program is cancelled; and THAT in light of the current economic climate resulting in budgetary restraints the 2010 budget deliberations considers the future of this non-core service provision for the 2010/2011 winter season. OR: 13) THAT a re-tender for Section 3 Newcastle and surrounding area (including Newtonville, Tyrone, Kendal, Hampton etc.) be issued with the additional provisions made to secure the prices for section 1 &2 as described in the report, and 3. THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, Is rejected on the basis of unacceptable past service, until such time as there Is proof that their service meets acceptable Municipal standards 10-19 SCHEDULE "A" REPORT NO,:COD-061-09 ° PAGE 2 Submitted by: Reviewed by: C) Marie Marano, H.B,Sc., CXO., Franklin Wu, Director of Corporate Services Chief Administrative Officer MM\91 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, OOWMANVILLE,ONTARIO L1C.3A6 T(905)623-3379 F(905)623-4169 SCHEDULE "A" RI=PORT NO.: COD-061-09 PAGE 3 BACKGROUND 1.0 Tender—Senior Snow Clearing Program 700912010 Winter The tender for the Senior Snow Clearing Program for windrows and sidewalks three year program covering 2009 to 2011 has just been received and reviewed. The tender was set to allow bidding on a three year term based on satisfactory service and pricing and it allowed bidding on all or part of the municipality so that the award could be made to one or multiple vendors. The Municipality was divided into three sections: Section 1 Courtice, Section 2 Bowmanville, and Section 3 Newcastle &Surrounding Areas. The total tender value is approximately $87,000 annually and it includes snow clearing for approximately 715 locations, The low bidder, D& F Snow.Removal, bid on each of the three sections. This vendor's contract for by-law snow clearing was terminated through report COD- 23-09 due unsatisfactory service level. It is therefore not recommended for award of this contract. Although bid rejection for unsatisfactory past performance is permitted by the Purchasing By-law, it requested that Council confirm the rejection of the D &F bid, The second low bidder B.J.Flint, submitted a bid only on Section 1 Courtice, and Section 2 Bowmanville. The bid prices are secure fora period of 90 days from the tender opening on June 30, 2009. Although the senior snow/sidewalk clearing program is not a core municipal responsibility, awarding the contract for only part of the Municipality would not be recommended as it-is,inconsistent with the normal practice for delivery of services. The third bid was rejected as a non-compliant bid as it was submitted without accompanying bid deposit. The prices on the non-compliant bid were significantly higher than either of the other two bids. 2.0 The Options The options at this point are as follows: a) Re-tender for Section 3 Newcastle and surrounding area (including Newtonville, Tyrone, Kendal, Hampton etc.). It is not expected that B.J. Flint would bid on this tender since they chase not to bid on the first tender, The situation is complicated by the necessity to not award the Courtice & Bowmanville quotes in case there were no bids received on the second tender, and we would be bound by contract for service to only part of the Municipality. In addition by going out for the second tender, in order to hold the existing bid for Section i & 2, It would require asking B.J. Flint to hold their prices for another 60 to 90 10-21 SCHEDULE "A" REPORT NO.: COD-051-09 PAGr=4 days to allow possible bids for section 3 to be considered at the same time, and either award all three sections, or cancel at that time if there are no bids received. If no bids are received, and B.J. Flint has in good faith held.their prices firm, cancellation at that late date could have prevented B.J. Flint to have secured-other job opportunities. The tender is for a three year term and as such award would commit the service for the next three winters, to the 2011/2012 season. . b)The potential budget'impact resulting from the current economic climate may require adjustment.to service levels, possibly even extending to certain employment impact. In view of the service being over and above the core service levels, and the lack of comprehensive response to the open and transparent bidding opportunity, it may be appropriate to consider deferral of the"program until the service can be deliberated in the 2010 budget discussions. 3,0 Conclusion Council is requested to provide direction on option a) or b) as outlined above. SCHEDULE "B" Council Meeting Minutes 34 - July 13, 2009 Resolution #C-452-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report COD-051-09 be received; THAT based on the potential for incomplete service for the Senior Snow Clearing Program due to tender bids for part of the municipality only, Council consider deferral of the program for the winter 2009-2010 season; THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing Program is cancelled,, THAT in light of the current economic climate resulting in budgetary restraints the 2010 budget deliberations consider the future of this non-core service provision for the 2010/2011 winter season; and THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is.proof that their service meets acceptable Municipal standards. "MOTION CARRIED" (See following motion) Resolution #C-453-09 Moved by Councillor Trim, seconded by Councillor Robinson. THAT Report COD-051-09 be tabled until after the Special Council meeting scheduled for August.31, 2009. "MOTION LOST" The foregoing Resolution#C-452-09 was then put to a vote and_,CARRIED. 'Resolution #C-454-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Report FND-018-09 be received; and THAT the 2008 Draft Audited Financial Statements be approved. "CARRIED" 10-23 SCHEDULE "C" r w o 0 - c N rn 0) O 00 o 00 � � `° E O � c a� r ° .m-i a U O U czi) a C3 y bZ E o + L- O N O V 3 X0 of •c z .x .Q L .V •�, W U) CL > Q. E c w )CL } Q 0°0 ? 7 m > OU c: Lu O O N OG O U ° > -o am r-I -0 c 75 U a) �, O c u N a) > N a) C c aJ U O t% z m m U O m O N N 'c M CL W 3, ° E vi a) �c +� E U bA E o 4 a) o y 00 c �? 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O 4- 0 Z 4o f° a) ° c L W � c N O o ° +� ro o �. o cu -a o ns -a a c a) N v A M ° a) ,U E _ = i �° o O cu Q a) U � a ° a- N ° '^ o aj m to (6 a) Q• aJ a -c_- O 'C u o C O 4- r" :2 . 3 aJ .0 O 1- 4' O ..0 O C oo rn o 10-25 SCHEDULE "D" General Purpose and Administration Committee Minutes September 14, 2009. TENDER CL2009-40, SNOW CLEARING & WINTER MAINTENANCE OF MUNICIPAL PROPERTY, SIDEWALKS & PARKING LOTS FOR NEWCASTLE & SURROUNDING AREAS Resolution#GPA-511-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-053-09 be received; THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of$56,979.60 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-40, be,awarded the contract for the Snow Clearing &Winter Maintenance of Municipal Property, Sidewalks & Parking Lots for Newcastle & Surrounding Areas; THAT pending satisfactory pricing and service the contract be extended for a second and third year; and THAT the funds expended be drawn from the Operations, Emergency Services, Community Services and Clerks Department(s), 2009 Operating Budget(s). CARRIED SENIOR SNOW CLEARING OPTIONS Resolution #GPA-512-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT staff be requested to investigate options for a senior snow clearing program including programs in neighbouring municipalities. CARRIED FINANCE DEPARTMENT REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS —JUNE 2009 'Resolution #GPA-513-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report FND-019-09 be received for information. CARRIED - 13 - 10-26 Attachment 3 Report OPD-011-11 Council Meeting Minutes - 22 - November 9, 2009 BUSINESS ARISING FROM NOTICE OF MOTION There was no Business Arising from Notice of Motion considered under this Section of the Agenda. UNFINISHED BUSINESS Resolution #C-662-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the recommendations contained in Report COD-062-09, as amended, be lifted from the table. "CARRIED" Resolution.#C-663-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the Rules of Procedure be suspended to allow for reconsideration of the $75 annual administrative fee for the 2009/2010 Senior and Physically Disabled Sidewalk/ Windrow Snow Clearing Service. "CARRIED" Resolution #C-664-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the annual administrative fee for the 2009/2010 Senior and Physically Disabled Sidewalk/Windrow Snow Clearing Service be set at $60 per registered property. "CARRIED" Resolution #C-665-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report COD-062-09.be received; THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of$64,080.80 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CI-2009-43, be awarded the contract for the Seniors & Physically Disabled Sidewalk'and Windrow Snow Clearing Services Revised; 10-27 - Attachment 4 Report OPD-011-11 Ck!& RLPV%WJJ K CORPORATE SERVICES E ART ENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 7, 2011 Resolution#: CiOW-106-11 By-law#: NIA Report#: COD-007-11 File#: Subject: TENDER NO. CL2009-40 SNOW CLEARING &WINTER MAINTENANCE . PROPERTIES, SIDEWALKS & PARKING LOTS FOR NEWCASTLE & SURROUNDING AREAS & CL2009-43 SENIORS & PHYSICALLY DISABLED SIDEWALK &WINDROW SNOW CLEARING SERVICES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-007-11 be received for information purposes only; 2. THAT the actions taken by the Manager of Purchasing with respect to the termination of the contracts CL2009-40 and CL2009-43 with Birds Property Management & Grounds Control, Hampton and the award of the contracts as follows, be endorsed: a. Contract CL2009-40 — Snow Clearing and Winter Maintenance of Municipal Properties, Sidewalks & Parking Lots for Newcastle and Surrounding Areas awarded to B. J. Flint&Sons, Bowmanville, effective January 28, 2011; and b. Contract CL2009-43—Seniors and Physically Disabled Sidewalk &Windrow Snow Clearing Services awarded to B&D Tractor Services Limited, Bowmanville, effective January 28;2011. 3. The Bird's Property Management be removed from the Municipality's bidder's list and not be considered for future bid opportunities. 4. THAT pending satisfactory pricing and service the contracts be extended for the reminder of the contract term (i.e., third year); and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)6234169 10-28 REPORT NO.: COD-007-11 PAGE 2 5. THAT the required funds be drawn from the respective year's operating budget for snow clearing and revenue generated from the seniors snow clearing program. Submitted by: Reviewed by: arie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer MMWDB1bh 10-29 REPORT NO.: COD-007-11 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 Contract CL2009-40 - Snow Clearing & Winter Maintenance Properties, Sidewalks & Parking Lots for Newcastle & Surrounding Areas and Contract CL2009-43 - Seniors & Physically Disabled Sidewalk & Windrow Snow Clearing Services required by the Operations Department were both originally awarded to Birds Property Management, Hampton in 2009. Vendor performance issues have resulted in termination of the both contracts. 1.2 The Operations Department is dissatisfied with the inconsistent level of service received for Contract CL2009-40 and CL2009-43 and although Birds Property Management, Hampton has been notified and acknowledged our concerns, there has not been a significant improvement. On January 27, 2011, the Municipality was prepared to terminate the agreement if the contractor would not commit to an increased acceptable level of service, however Birds Property Management, pre-empted the Municipality's request and in turn requested to be released from both contracts in a letter submitted via e-mail and fax. In view of the circumstances, the Municipality of Clarington has terminated both contracts with Birds Property Management, Hampton, Ontario. 1.3 Further details with respect to the termination of the contracts can be obtained by contacting the Director of Corporate Services or the Purchasing Manager. 2.0 ANALYSIS 2.1 For Contract CL2009-40, there were no other bids received. Therefore, the Municipality contacted the contractor who was awarded the snow removal contract for Courtice and Bowmanville. B.J. Flint & Sons was asked if they would be willing to provide snow removal services for Newcastle and Surrounding Areas. 10-30 REPORT NO.: COD-007-11 PAGE 4 2.2 B.J. Flint& Sons, Bowmanville, Ontario agreed to provide snow removal services for Newcastle and Surrounding Areas. The cost to remove snow and sand/salt Part A—Sidewalks and Part B Municipal Facilities is $2,205.06. If Part D pricing is applied the total call-out price is $3,001.53. 2.3 After review and analysis of the pricing, it was mutually agreed by the Operations Department and Purchasing Services that B.J. Flint & Sons, Bowmanville, Ontario be awarded the contract for the balance of the term. 2.4 For Contract CL2009 43, there were six other bids received. The Municipality contacted B.J. Flint & Sons the next low bidder and asked if he would be prepared to provide snow removal services for the senior snow removal contract, B.J. Flint & Sons advised that taking on the Newcastle and Surrounding Areas snow removal covered by contract CL2009-40 will utilize their resources to the maximum. The contractor did not want to take on another contract with the risk of not being able to perform well. 2.5 The other bids were deemed not competitive ranging from $2,800.00 to $4,700.00 per call-out depending on the area quoted.. Therefore, pricing was solicited from snow removal contractors who have successfully performed for the Municipality in the past. B&D Tractor Service Limited provided pricing and conducted a no charge trial demonstrating their ability to supply the work requirements. B&D Tractor Service Limited, Bowmanville, Ontario provided pricing at $2,673.b4 per call-out to remove snow and Sand/salt from urban areas and $405.85 per call-out for rural areas. For reference the next lowest bid submission from 2009 provided pricing at $4,713.86 per call-out to remove snow and sand/salt from urban areas and $2,232.34 per call-out for rural areas. 2.6 B&D Tractor Service Limited, Bowmanville, Ontario agreed to provide .snow removal services for the Seniors & Physically Disabled Sidewalk&Windrow Snow Clearing Services. 10-31 REPORT NO.. COD-007.11 PAGE 5 2.7 After review and analysis of the pricing, it was mutually agreed by the Operations Department and Purchasing Services that B&D Tractor Service Limited, Bowmanville, Ontario be awarded the contract for the balance of the term. 2.8 Pending satisfactory service and pricing the contracts be extended for a third year. 2.8 In December 2010, the Municipality awarded a Contract to Bird's Property Management for Boulevard Grass Cutting for the Region of Durham based on Tender CL2010-28. In view of, the foregoing circumstances and the recommendation that the Bird's Property Management be removed from the Bidder's list, it is also recommended that the agreement for grass cutting be terminated. 3,0 FINANCIAL 3.1 For ' Contract CL2010-40, Birds Property Management & Grounds Control, Hampton, Ontario, with a total estimated bid price of $4,816.44 per call-out (excluding H.S.T.) compared to B.J. Flint& Sons with a total estimated bid price of $3,001.53 per call-out (excluding H.S.T.). The price difference fora complete call out is$1,814.91. 3.2 For Contract CL2010-43, Birds Property Management & Grounds Control, Hampton, Ontario, with a total estimated bid price of $811.58 per call-out (excluding H.S.T.) compared to B&D Tractor Services with a total estimated bird price of $3,079.79 per call-out (excluding H.S.T.). The price difference for a complete call out is $2,268.21. 3.3 The funds required will be drawn from the Operations Department operating budget for snow clearing and revenue received from the senior snow removal program. 10-32 REPORT NO.: COD-007-11 PAGE 6 3.4 Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. 4.0 CONCLUSION 4.1 B.J. Flint & Sons, Bowmanville, Ontario, with a total estimated bid price of $3,001.53 per call-out (excluding H.S.T.)for Tender CL2009-40 - Snow Clearing & Winter Maintenance Properties, Sidewalks & Parking Lots for Newcastle & Surrounding Areas was awarded the contract for the reminder of the contract term. 4.2 B&D Tractor Services, Bowmanville, Ontario, with a total estimated bid price of $3,079.79 per call-out (excluding H.S.T.) for Tender CL2009-43 - Seniors & Physically Disabled Sidewalk&Windrow Snow Clearing Services was awarded the contract for the reminder of the contract term. 5.0 INPUT FROM OTHER SOURCES 5.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Operations 10-33 N SENIOR SIDEWALK AND DRIVEWAY WINDROW SNOW CLEARING SURVEY v i O C7 3 Pickering Whitby Ajax Oshawa Clarington Program in Place Yes Yes Yes Yes Yes Number of Properties Annually Limited to the first 300 registrants 739 (2010) Approx 300 2,420 296 Lineal Metre of sidewalk cleared Not tracked unknown varies Not tracked 7,100 m Estimated Annual Cost $75,000 $25,870 $47,000 $88,000 budgeted $50,000 Do you contract out? Yes Work performed in No no yes house Standards for call out 2" after city plows have Class II sidewalks— 5 cm of snow or when After 1"of snow on When there is more cleared roads snow clearing after 8 plow operation of sidewalks than 2.5 cm cm has accumulated. Town streets initiated 8" minimum for Senior program windrow (approximately 1 inch) sidewalks are of snow on sidewalks completed after Class II are completed How much time allowed for completion Up to 72 hours Within 36 hours after snowfall ends Start after plowing operation almost By midnight the day following After snow plowing on all Municipal streets complete and usually has been completed takes about 3.5 days at 14 hours/day of staff working Z7 Any fee charged to residents? None None $137.00+HST None $60.00+HST o v i O C7 3 Clarington REPORT EMERGENCY AND FIRE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: Report#: ESD-013-11 File#: Subject: "NextGen" — Next Generation Common Communication Platform RECOMMENDATIONS: ,t is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-013-11 be received for information; 2. THAT staff continue to support the NextGen - Next Generation Common Communication Platform project. 3. THAT Council authorize the Clerk and Mayor to sign an agreement committing Clarington to the Next Generation Common Communication Platform project. 4. THAT all interested parties listed in Report ESD-013-11 be advised of Council's decision. d�4Submitted by:Ird Reviewed by: r F anklin Wu, Director Emergency & A Chief Administrative Officer Fire Services MB/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 11-1 REPORT NO.: ESD-013-11 PAGE 2 1.0 BACKGROUND 1.1 In September 2009, Deputy Chief Mercier of Durham Regional Police Services, with the support of the Regional Fire Services Coordinator, engaged the Chief Administrative Officers of the Region and each Municipality regarding the potential of procuring one radio system that meets the needs of all first responders. It was apparent and agreed to by all, that the idea of one radio system that meets the needs of the various stakeholders would greatly enhance interoperability and safety. 1.2 The CAO's agreed in principle and a Report (2009-A-47) was constructed for Regional Council for their consideration on November 4, 2009. Regional Council agreed in principle to the following items: 1. To further study a potential shared communication platform as outlined in Report 2009-A-47 from the Regional Chief Administrative Officer; 2. To support staff involvement on the appropriate groups as detailed in the proposed structure; 3. With the Halton Model of capital infrastructure funding, whereby such costs are funded by the Durham Regional Police Service and the Regional Municipality of Durham; 4. To request that staff provide, at the appropriate time, detailed project recommendations with associated cost estimates for the consideration of Council; 5. To provide, along with other partners to the project, it's appropriate share of funding costs associated with the Project Manager, support staff and consultant services. 1.3 To facilitate the design and procurement of a single regional radio system, a team of senior officers and first responders, in concert with a project management team and technical consultant have been working under the project banner— "NextGen". Significant amounts of preparation and planning have been on-going at the Regional level with input from each of the eight (8) Municipalities in the Region. Current Radio Systems 1.4 Currently there are three (3) distinct radio systems being used by Police Services and Fire Services in Durham Region. Durham Region Police Service (DRPS) and Ontario Power Generation (OPG) function on a public network provided by Telus. That system is operated under a contract that is set to expire in 2014 and will not be viable after this date as the network will be obsolete and is not being replaced by Telus. Fire Services have two distinct networks; the Municipalities of Ajax, Clarington, Oshawa, Pickering and Whitby function on a public safety grade private 11 -2 REPORT NO.: ESD-013-11 PAGE 3 network and Brock, Scugog and Uxbridge Townships function on a public network by Bell Mobility Radio. The two (2) fire systems have no interoperability and there is capacity for very limited interoperability between the DRPS system and the southern Fire Services radio system that is currently unavailable due to difficulty in sourcing replacement parts for the Telus system. 1.5 The Fire Service networks will require significant investments in technology and infrastructure in 2014 to remain viable. It has been determined through a joint committee of senior officers that the timing of the three (3) systems renewal will allow for a single platform to meet the needs of the public safety users in a fiscally and operationally sustainable manner. 1.6 It must be noted that Durham EMS will not be joining the "NextGen communications platform as they work on a provincially mandated radio system used by the Ministry of Health. 2.0 DISCUSSION 2.1 In Report 2011-A-25, the Region of Durham identifies their funding of all costs for the infrastructure of the "NextGen" radio platform and user gear specifically for the DRPS and Regional Departments to be between $25 to $40 million dollars. Although the Region will be responsible for infrastructure costs, each Municipality will be required to fund the user gear (i.e. portables, mobiles, station alerting, dispatch consoles, voice logging etc.) for the use of their individual Fire Services through their individual capital budgets. Capital expenditures for user gear will be brought forth through our regular annual budget process for Council's consideration. 2.2 This is an important project that will see true radio interoperability that does not currently exist in our present systems. The creation of a single radio system was attempted without success in the late 90's due to technological issues. Those issues do not exist in today's world and we have a window of opportunity to procure a system and user gear that meets all of our needs for the next 15 years. The ability to share operating and management costs will ensure the costs are borne throughout the Region by many partners reducing the pressure on the operating budgets of both the Region and local Municipalities. 2.3 Durham Region has an expectation that all parties involved in the project will commit to the ongoing involvement and costing. Once costing and details are finalized a subsequent report will be brought to Council for approval. 11-3 REPORT NO.: ESD-013-11 PAGE 4 2.4 This process is being repeated throughout the GTA on other projects similar in nature with great success and cooperation, meeting the needs of all participants. A benefit of moving to a system like this will see the ability of first responders to communicate amongst each other not only in Durham Region but throughout the GTA. 3.0 FINANCIAL IMPLICATIONS 3.1 The Municipality of Clarington avoids all radio system infrastructure acquisition costs. 3.2 User gear costs will be the responsibility of the Municipality of Clarington. The procurement process the Region is undertaking will provide more definitive costing for user gear. Staff will ensure costs are included in future Capital budgets. 3.3 Clarington's current share of the annual operating costs for the shared Fire system is approximately $100,000. It is anticipated by moving to the "NextGen" platform Clarington's annual radio system operating costs will drop. The exact amount is yet to be determined. 3.4 The new radio system will be a digital product. The current paging system is a VHF analog product. The compatibility of a digital radio system and the VHF analog paging network is uncertain. Therefore, any associated costs to maintaining the paging system is unknown at this time. Staff will ensure costs are included in future Capital budgets. 3.5 Moving to a new radio system will require components of the old radio system be removed. The costs and responsibility to remove radio tower equipment, console equipment, station equipment and vehicle mounted equipment is uncertain. Staff will ensure costs are included in future Capital budgets. 4.0 ONGOING COMMUNICATIONS 4.1 All communications regarding this significant project are being prepared through the "NextGen" project management team and will be provided to each of the Municipalities designated media contact. 5.0 CONCURRENCE —This report has been reviewed for recommendation by the appropriate departments and circulated as follows: Concurrence: Director of Finance. Purchasing Manager 11 -4 REPORT NO.: ESD-013-11 PAGE 5 6.0 CONCLUSION 6.1 The "NEXTGEN" project aims to implement a "best fit," region-wide, integrated, and interoperable voice communication system that will meet the requirements of Public Safety agencies while achieving cost efficiencies in terms of the number of stakeholders sharing the same radio system platform. This approach will also make major inroads in facilitating interoperability between first responder stakeholder groups at the regional level and beyond, and potentially with other municipal and regional public service organizations within Durham. The creation of a region-wide, interoperable voice communication system will ultimately help all stakeholders in the region to better serve the community. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Mark Berney, Deputy Fire Chief List of interested parties to be advised of Council's decision: Dave Wrather Project Manager, "NextGen" Project Management Team 11-5 Clarington REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: Report#: CLD-021-11 File#: Subject: HIRING OF MUNICIPAL LAW ENFORCEMENT OFFICER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-021-11 be received; 2. THAT Resolution GPA-138-11 (adopted by Council on March 3, 2011) be amended by deleting the words "conditional upon CUPE's agreement to a letter of understanding that the new MLEO will be able to work weekends and evenings as required"; and 3. THAT Bob Stiles, President, CUPE Local 74 be advised of Council's decision. Submitted by: Reviewed by: 4nicip. Ba e Franklin Wu Clerk 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-021-11 PAGE 2 1. BACKGROUND During the 2011 budget discussions, a resolution was passed to hire one full-time Municipal Law Enforcement Officer (MLEO) in the Municipal Clerk's Department, conditional upon CUPE's agreement to a letter of understanding that the new MLEO will be able to work weekends and evenings as required. 2. HOURS OF WORK It was decided that the desired hours of employment for this individual are Tuesday to Friday, noon to 8:00 p.m. and Saturdays 8:30 a.m. to 4:30 p.m. Meetings have been held with representatives of the Union, Human Resources and the Municipal Clerk's Department to discuss the hours, as directed by Council. This position is included in the Inside Collective Agreement, which does not include provision for shift premiums. The Outside Collective Agreement does provide a $2 per hour shift premium for Facility Operators and Parks & Cemetery employees for shifts beginning between 3:00 p.m. and 6:00 a.m. and on weekends. The Union indicated that they wanted shift premiums to be applied to all hours worked past the regular closing time (4:30 p.m.) and the Saturday hours. The Human Resources Supervisor responded to the Union advising that, although this is an Inside Union position, the Corporation would agree to apply the same shift premium which currently exists for the Facility Operators and Parks & Cemetery employees (ie, the Saturday hours would be paid the premium), but that we are not prepared to negotiate a premium that does not exist in the collective agreement. Doing so would have significant cost implications across the Municipality in future years. The Union advised that they are not prepared to accept the terms put forward by the Corporation and are therefore unwilling to execute a letter of understanding, as required by Council. They were therefore advised that we would not be moving forward with the position. 3. STAFFING COMPLEMENT The following is a comparison of municipal law enforcement staffing across Durham Region: 13-2 REPORT NO.: CLD-021-11 PAGE 3 Municipality MLE Staff Population Area (km2) VolumeNear Ajax 1 Manager 100,000 69 3300 1 Supervisor 3 Full-Time Ratio — 1/25 000 Ratio — 1/13.8 Average — 660/officer Brock 1 Full Time 12 000 423 330 1 Part Time Ratio — 1/8000 Ratio — 1/282 Average — 220/officer Clarington 1 Manager * 85 000 611 1281 3 Full Time Ratio — 1/28 334 Ratio — 1/204 Average — 427/officer Oshawa 1 Director * 152 000 147 6500 1 Manager * 3 Co-ordinators Ratio — 1/6608 Ratio — 1/6 Average — 18 Full Time 283/officer 4 Part Time Pickering 1 Manager* 94 500 227 1000 4 Full Time Ratio — 1/23 625 Ratio — 1/57 Average — 250/officer Scugog 2 Full Time 22 500 475 320 1 Part Time Ratio — 1/9000 Ratio — 1/190 Average - 128/officer Uxbridge 1 Supervisor 19 100 420 250 1 Full Time Ratio - 1/9550 Ratio — 1/210 Average - 125/officer Whitby 1 Supervisor 123 000 146 2015 4 Full Time Ratio - 1/24 600 Ratio - 1/29 Average - 403/officer Note: * denotes the position works primarily in the office. 13-3 REPORT NO.: CLD-021-11 PAGE 4 CONCLUSION The Division has been hiring summer students since 1991. However, in a cost- saving measure in 2010, this practice was stopped. The last year students were hired (2009), they investigated approximately 150 weed/long grass complaints as well as West Nile complaints and other files. The fact that we are no longer hiring the students places added workload on the full-time officers, increasing response time to respond to each complaint. During approximately the same timeframe, the population has increased such that each officer is now responsible for 28 334 people versus 17 700 in 1989. In order to more adequately respond to the volume of calls received each year, it is respectfully recommended that the previous resolution of Council be amended by deleting the requirement that CUPE agree to a letter of understanding that the new MLEO will be able to work weekends and evenings as required. This will allow for the officer to be hired on the same basis as the officers who are currently employed, with overtime being paid for any hours worked outside of the regular shifts. The issue of weekend and evening work can then be discussed during the upcoming CUPE negotiations. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan List of interested parties to be advised of Council's decision: Bob Stiles, CUPS Local 74 President 13-4 Clarington REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: Report#: CLD-022-11 File#: Subject: 2NDQUARTER PARKING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-022-11 be received; and 2. THAT all interested parties listed in Report CLD-022-11 be advised of Council's decision. Submitted by: Reviewed by: att'k�_, , CMO Franklin Wu, Municipal Clerk Chief Administrative Officer PLB/kb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-5 REPORT NO.: CLD-022-11 PAGE 2 1. BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the months of April, May and June 2011 and is provided herein for the information of Committee and Council 2. CONCURRENCE: Not Applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Len Creamer, Manager, Municipal Law Enforcement Attachments: Attachment 1 - Parking Report for the 2nd Quarter of 2011 List of interested parties to be advised of Council's decision: G. Gilpin, Bowmanville Business Centre 13-6 PARKING ENFORCEMENT QUARTERLY REPORT #2 - 2011 ATTACHMENT #1 to Quarterly Parking Financial Report Tickets issued 1 i 1 1 fl ' P.E. Officers 1,548 3,710 2,459 3,160 P01ice 19 31 35 24 Public Works 0 0 0 0 Group Four 47 76 110 49 Aspen Springs 5 14 31 17 Paragon Security 20 101 71 N/A 98 King Street West 17 19 68 N/A ProSecurit 6 10 12 17 Fire Services 0 0 0 0 CLOCA 6 6 40 23 Brimacombe 0 1 N/A N/A TOTAL 1,668 3,968 2,826 3,290 s Meters "$1,536.80 $45,320.00 $40,517.00 $38,013.00 Permits $2,666.80 $4,220.55 $2,412.55 Fines $19,080.00 $43,957.00 $35,163.00 $37,934.00 MTO Char eback Ex ense $3,011.25 $5,362.50 $5,856.75 $5,997.75 TOTAL REVENUE $41,954.05 $86,581.30 $74,043.80 $72,361.80 Total conducted 37 79 53 103 #Tickets disputed 46 93 58 111 #Tickets cancelled 37 77 45 84 # Requests for trial 1 6 6 4 #Tickets upheld 9 16 13 27 13-7 CLERK'S Clafiflgt011 REPORT T Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: Report#: CLD-023-11 File#: Subject: ONTARIO WILDLIFE DAMAGE COMPENSATION PROGRAM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-023-11 be received; and 2. THAT a copy of Report CLD-023-11 be forwarded to the Agricultural Advisory Committee for information. Submitted by: Reviewed by: atti Barr' Ileranklin Wu Municipa Clerk Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-8 REPORT NO.: CLD-023-11 PAGE 2 1. BACKGROUND On July 4, 2011, the Municipality was advised that, effective July 1, 2011, the Livestock, Poultry and Honey Bee Protection Act was replaced with the Livestock Protection from Dogs Act and the Wildlife Damage Compensation Program which was created by Order in Council. The previous Act provided for compensation to be paid to owners of livestock who were injured or killed by dogs and/or wolves. Appendix A attached hereto outlines the amounts of compensation payable for the various types of livestock under that legislation. 2. LIVESTOCK PROTECTION FROM DOGS ACT The new Act has removed reference to predation and compensation due to predation, however the requirement for the municipality to compensate for damage to livestock caused by dogs continues. For the purposes of the Act, the definition of livestock has not changed, however, the maximum values have changed. Appendix B provides a listing of the types of livestock and the maximum values. Claims paid out for dog attacks are not reimbursed by the Province, however, if the Municipality is able to determine the owner of the dog, they can get reimbursement of the claim amount from the owner. Given that the Municipality of Clarington experiences very few dog attacks, it is not anticipated that this amendment will have much effect on the Municipality. 3. WILDLIFE DAMAGE COMPENSATION PROGRAM The Wildlife Damage Compensation Program which was created by Order in Council specifies more species of livestock that are eligible for compensation, more types of predators to be compensated for, new maximums for all species and incorporates revised reporting and claim forms. Appendix C provides a listing of the types of livestock and the maximum values allowed. Given the increases in the compensation allowed, the new program may have significant impact on the amounts paid to livestock owners. Our valuers, however, do not anticipate many owners receiving the maximum amount of compensation allowed for registered animals as these animals are usually kept indoors and are therefore not prone to wildlife attacks. The municipality is reimbursed by the Province for any claims paid out for damage caused by wolves. The program also expands the wildlife species for which compensation will be provided. The previous Act only covered damage caused by dogs or wolves and left it to the municipality's discretion whether it would cover any other wild animals other than wolves. Clarington opted not to pay for damage caused by other animals. The new program covers damage caused by coyote, wolf, bear, fox, fisher, cougar, lynx, bobcat, raven, eagle, hawk, crow, turkey vulture, weasel, raccoon, mink and elk. 13-9 REPORT NO.: CLD-023-11 PAGE 3 The process of evaluating a claim has not changed from the previous legislation, however, specific timelines have been included for the process to be completed. The livestock owner is to contact the municipality or the livestock valuer within 48 hours of discovery of the loss, the valuer is to make a complete investigation within 3 days of notification, the valuer completes and serves the report within 10 days of notification, and the Municipality compensates the livestock owner upon receipt of valuer's report. One major change introduced with the program is that the Municipality can now apply for reimbursement from the Province in the amount of $30 per claim processed. Under the previous legislation, there was no reimbursement provided. Based on the number of claims processed in 2010, the Municipality would have realized $4,260 in reimbursement fees had the program been in place. The Ministry of Agriculture, Food and Rural Affairs offered a webinar training session which has been provided to staff and our valuers to introduce the new program. 4. CONCLUSION This report is submitted to Committee for information purposes to advise of the new program. It is recommended that a copy of the report be forwarded to the Agricultural Advisory Committee for information purposes also. CONFORMITY WITH STRATEGIC PLAN — Not Applicable List of interested parties to be advised of Council's decision: Agricultural Advisory Committee 13-10 Appendix A to Report CLD-022-11 Livestock, Poultry and Honey Bee Protection Act Compensation Amounts Livestock Maximum Amount Sheep/Goat/Swine $200 Cattle $1,000 Horse $500 Poultry $1,000/year Rabbit $20 per animal, maximum $1,000/year Fur Bearing Animal $100 Bees $35 Hive Equipment $75 13-11 Appendix B to Report CLD-022-11 Protection of Livestock and Poultry from Dogs Act Compensation Amounts Livestock Max. Poultry Max. Amount Amount Cattle (Registered) $8,000 Chicken (For Egg Production) $30 Cattle (Non-Registered) $2,500 Chicken (Parent Breeder for Egg $60 Production) Sheep (Registered) $1,200 Chicken (Grandparent Breeder for Egg $120 Production) Sheep (Non- $300 Chicken (Parent Breeder for Meat $60 Registered) Production) Goat (Registered) $1,000 Chicken (Grandparent Breeder for Meat $100 Production) Goat (Non-Registered) $600 Chicken (Primary breeder foundation $1,200 Stock) Swine (Registered) $5,000 Chicken (All Other) $20 Swine (Non-Registered) $2,000 Turkey (For Meat Production) $70 Horse $8,000 Turkey (Parent Breeder) $250 Rabbit (Breeders for $40 Turkey (Grandparent Breeder) $700 Meat Production) Rabbit (All other) $30 Turkey (Primary Breeder Foundation $1,050 Stock) Mink $150 Duck (For Meat Production) $28 Fox $1,500 Duck (For Egg Production) $60 Raccoon $75 Duck (Parent Breeder) $85 Fisher $250 Duck (Grandparent Breeder) $250 Martin $250 Goose (For Meat Production) $40 Lynx $2,000 Goose (Parent Breeder) $100 Goose Grandparent Breeder) $300 Bobwhite, Northern $500 Grouse, Ruffled $500 Grouse, Sharp-tailed $500 Grouse, Spruce $500 Partridge, Gray (Hungarian) $500 Pheasant, Ring-necked $500 Ptarmigan, Rock $500 Ptarmigan, Willow $500 Turkey, Wild $500 13-12 Appendix C to Report CLD-022-11 Wildlife Damage Compensation Program Amounts Livestock Max. Poultry Max. Amount Amount Cattle (Registered) $8,000 Chicken (For Egg Production) $30 Cattle (Non-Registered) $2,500 Chicken (Parent Breeder for Egg $60 Production) Bison bull, 1 year and $4,000 Chicken (Grandparent Breeder for Egg $120 older Production) Bison, all other $2,500 Chicken (Parent Breeder for Meat $60 Production) Sheep (Registered) $1,200 Chicken (Grandparent Breeder for Meat $100 Production) Sheep (Non- .$300 Chicken (Primary Breeder Foundation $1,200 Registered) Stock) Goat (Registered) $1,000 Chicken (All Other) $20 Goat (Non-Registered) $600 Turkey (For Meat Production) $20 Swine (Registered) $5,000 Turkey (Parent Breeder) $70 Swine (Non-Registered) $2,000 Turkey (Grandparent Breeder) $250 Horse $8,000 Turkey (Primary Breeder Foundation $1,050 Stock) Rabbit (Breeders For $40 Duck (For Meat Production) $28 Meat Production) Rabbit (All others) $30 Duck (For Egg Production) $60 Elk Bull, 1 year and $8,000 Duck (Parent Breeder) $85 older Elk, all other $4,000 Duck (Grandparent Breeder) $250 Deer Buck, 1 year and $8,000 Goose (For Meat Production) $40 older Deer, all other $4,000 Goose (Parent Breeder) $100 Alpaca $8,000 Goose (Grandparent Breeder) $300 Llama $8,000 Bobwhite, Northern $500 Ostrich $3,000 Grouse, Ruffled $500 Emu $500 Grouse, Sharp-tailed $500 Rhea $1,500 Grouse, Spruce $500 Donkey $5,000 Partridge, Gray (Hungarian) $500 Mule $5,000 Pheasant, Ring-necked $500 Mink $150 Ptarmigan, Rock $500 Fox $1,500 Ptarmigan, Willow $500 Raccoon $75 Turkey, Wild $500 Fisher $250 Martin $250 Lynx $2,000 13-13 Clarington REPORT CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Sept. 12, 2011 Resolution#: By-law#: Report#: CLD-024-11 File#: Subject: RESULTS OF MEDIATION MEETING - SHOOTING CLUB NOISE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-024-11 be received; 2. THAT an expenditure not to exceed $5,800.00 be approved, the funds to come from Account # 19-191-00000-7161 By-law Enforcement— Professional Fees, to retain the services of Swallow Acoustic Consultants Ltd.; and 3. THAT all interested parties listed in Report CLD-024-11 be advised of Council's decision. Submitted :by: Reviewed b Y Y 4unicipal L. B rie Franklin Wu Clerk Chief Administrative Officer PLB/LDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-14 REPORT NO.: CLD-024-11 PAGE 2 BACKGROUND AND COMMENT On July 4, 2011 Council passed By-law 2011-068, amending the Noise By-law. This amendment affects the gun clubs and their users by redefining the times of operation for the clubs. At that time, Council passed a resolution which reads, in part: "THAT the shooting clubs, law enforcement agencies, area residents and staff communicate on how they can move forward on this matter to meet the limits as set forth in the proposed draft by-law in items 1 and 2 with an effective date of September 19, 2011;" Subsequent to Council passing this resolution, staff arranged a meeting with the affected parties. In order to deal fairly and openly with all sides, staff retained the services of an outside mediator, Valerie Hazlett Parker, a solicitor and trained mediator with several years experience. All involved parties were asked to submit a brief of their concerns which would be distributed to the other individuals attending the meeting. Only one participant, Ms. Nancy Wilson, forwarded any documentation. Ms. Hazlett Parker and all parties were supplied with copies of these documents as well as background material from staff. On August 16th this year, a meeting was convened at the Municipal Administrative Centre. Present were representatives from the Leskard community, the Union Rod and Gun Club, the Orono Fish and Hunt Club, the Marksmen Club of Oshawa, the RCMP, the Canadian Pacific Railway Police, the Chief Firearms Officer, the Ministry of Natural Resources' Bear Response Team and Municipal Clerks' Department staff. The main issue centered on the Orono club and the increased use of the facilities by the various enforcement agencies. Local residents stated that they did not have an issue with the "regular use of the club or the original frequency of the shooting. The problems arose when the enforcement agencies began to use the facility for training of their officers. At that point the intensity, frequency and volume of the noise increased dramatically. Where residents had been used to the Club being used only two days each week, Wednesday and Sunday, they were now listening to the sound of shooting five and six days for several weeks at a time. The mediator focused the discussion on how the gun clubs planned to deal with the concerns of the residents. Representatives from the Union Rod and Gun Club stated that they had installed large sound attenuation berms around the property and done tree planting along the berms. The trees help break up the sound waves and the berms absorb and deflect the sound waves. The representative from the Orono club stated that the club is in the process of purchasing an unopened road allowance along the east side of the property to be used to construct a large berm to absorb and deflect the sound travelling east toward the hamlet of Leskard. 13-15 REPORT" NO.: CLD-024-11 PAGE 3 According to the representative, studies conducted by the National Association of Shooting Ranges have shown that the berms will decrease the noise levels by approximately 10 decibels. In addition, they will be installing noise baffles around the pistol range itself and in the area of the targets to absorb some of the sound at its source. Several residents voiced the concern that the 70 decibel level that was established by By-law 2011-068 is too high and want it reduced to 50 decibels. There is a new draft guideline in the preparation stage at the Ministry of the Environment which, if left unchanged, would recommend a noise level of 50 decibels irrespective of when a gun club or shooting range first operated. This document entitled NPC-300 is a draft document only and, if approved, would form part of the Provincial Guidelines. As such, it is not enforceable legislation. It is only a guideline, as NPC-232 currently is, which can be considered by municipalities when making land use planning decisions and/or regulating noise limits through noise by-laws. A concern was raised about the frequency of shooting on the range. It was felt by several residents that if the range was going to be allowed legal non-conforming status then the members have to abide by the terms and use of the range as it was first established, that being shooting only twice each week. This view is not correct. Legal non-conforming status speaks only to the land use, not the hours or days of operation. The Orono Fish and Hunt Club existed at its' current location prior to the enacting of the first Clarke Township Zoning By-law, therefore it has a right to continue operation. Zoning regulations do not speak to frequency, intensity of use or times of operation, simply whether or not the use is permitted on the land. The clubs indicated that they are open to having their sound levels monitored and would also like to conduct independent monitoring on the neighbouring properties to determine the effectiveness of their efforts. Also, the Orono club advised that they would address the matter of reducing the hours of operation with their Board of Directors and perhaps shorten the times available to the enforcement agencies. All parties agreed that a firm schedule of use would be circulated to the area residents so that they can plan their activities around the use of the range and thereby minimize the impact on their lives. At the conclusion of the meeting several of the residents stayed behind to talk privately with the gun club representatives. A schedule will be drawn up of all activities at the clubs and made available to the local residents. CONCURRENCE This Report has been reviewed by Nancy Taylor, Director of Finance/Treasurer and Andrew Allison, Municipal Solicitor, who concur with the recommendations. 13-16 REPORT NO.: CLD-024-11 PAGE 4 CONCLUSION Ms Hazlett Parker prepared a report for staff on the meeting. In her conclusion Ms Hazlett Parker stated: "After lengthy discussions and statements made by everyone present, who wished to be heard, a number of agreements were reached. They include the following: 1. Neighbouring residents of the Orono Fish and Hunt Club will allow Gun Club members onto their properties to conduct sound tests. They agreed that after the meeting they would exchange contact information so that this could be organized directly. 2. The Orono Fish and Hunt Club will give advance notice of special events to nearby residents as far in advance as possible. 3. The Orono Fish and Hunt Club is in the process of acquiring a properly calibrated sound meter from Cameco, which they will use under various weather conditions, to take sound reading. 4. The Representative for the Orono Fish and Hunt Club would take to his Board the possibility of reducing the hours of operation of the Orono Fish and Hunt Club." The process of purchasing the abandoned road allowance is proceeding through the Engineering Services Department as per Municipal procedure. A report to that effect is being considered by the General Purpose and Administration Committee on September 12, 2011. It is staff's opinion that the meeting and the use of an independent mediator were helpful in bringing both sides together and will lead to better relations and a general improvement for all concerned. With regard to the noise levels at the range, staff have contacted Swallow Acoustic Consultants Ltd. to arrange for them to conduct sound monitoring in the area when the range is in use. This will provide staff with a baseline for measuring the current noise levels and the effects of any future work done by the club to reduce the noise. The cost of the sound monitoring is estimated at $5,800 and will require a few weeks to complete. The Municipal Law Enforcement Division is prepared to retain the firm to conduct the monitoring however the cost exceeds the funds currently available in the Division's Operating Budget. Staff are therefore seeking approval for this expense. CONFORMITY WITH STRATEGIC PLAN — Not applicable STAFF CONTACT: Len Creamer, Manager, Municipal Law Enforcement 13-17 REPORT NO.: CLD-024-11 PAGE 5 LIST OF INTERESTED PARTIES TO BE ADVISED OF COUNCIL'S DECISION Ard Neiman Resident Ron Alldred Orono Fish & Hunt Club Tony Bernardo Orono Fish & Hunt Club John Baker The Marksmen Club of Oshawa Karen McArthur Resident Nancy Wilson Resident Alan Risebrough Resident Elizabeth Macleod Resident Bruce Blight Resident Rick Roddy MNR Bear Response Team Brady Hooker Resident Kelly Adams Resident Steve Cody RCMP Shelly Richards Resident Lynne Richards Resident Sue Richards Resident Ron Kirst CP Rail Police Tammy Gould Resident Paul Young Union Rod and Gun Club Hank Krawczyk Chief Firearms Office 13-18 Cladiwo REPORT CORPORATE ERVIC ES DEPARTM Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: N/A Report#: COD-027-11 File#: Subject: CONTRACT AWARDS DURING COUNCIL RECESS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-027-11 be received for information. Submitted by: Reviewed by: ari 'Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer M M/J B/km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-1 REPORT NO.: COD-027-11 PAGE 2 1. BACKGROUND 1.1 . During periods when Council is in recess provision has been made for the approval of contract awards in order to continue with business as usual. During the summer recess of 2011 there were two occasions that would normally necessitate a report to Council. 2 COMMENTS 2.1 In accordance with Purchasing By-law 2010-112, Part 2, Section 67, the following contracts were awarded during the Council Recess for Municipal Elections, Q2011-23, Supply & Delivery of One (1) Chevrolet Caprice 9C1 with.Police Package Electrical Wiring CL2011-7, Bowmanville Creek Erosion Protection — Extension of Contract to include Brookhill Tributary Remedial Work A copy of the recommending Report Memos for the above noted projects are attached as Schedule "A" and "B" respectively. 2. CONCURRENCE Not applicable 3. CONCLUSION The actions taken by Staff as documented in the attached Report Memos be provided for Councils information. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Jerry Barber, Purchasing Manager Attachments: Attachment 1 - Report Memo Re: Q2011-23, Supply & Delivery of One (1) Chevrolet Caprice Attachment 2 - Report Memo Re: CL2011-7, Bowmanville Creek Erosion Protection —. Contract Extension List of interested parties to be advised of Council's decision: Not Applicable 14-2 SCHEDULE "A" CiffiRgM .H REPORT MEMO PURCHASING SERVICES, Date: August 10, 2011 To: Frank Wu, Chief Administrative Officer From: Jerry Barber, Manager, Purchasing Services Report#: PS-009-11 File#: Q2011-23 Subject: Q2011-23 — Supply & Delivery of One (1) Chevrolet Caprice 9C1 with Police Package Electrical Wiring RECOMMENDATIONS It is respectfully recommended to the Chief Administrative Officer the following: 1. THAT Quantrill Chev Cadillac, Port Hope, Ontario, with a total bid price of $40,113.79 (net of H.S.T. Rebate), being the sole responsible bidder meeting all terms, conditions and specifications of Quotation Q2011-23, be awarded the contract for Supply & Delivery of One (1) Chevrolet Caprice 9C1 with Police Package Electrical Wiring, as required by the Municipality of Clarington, Fire Department; 2. THAT the funds required in the amount of $35,000.00 be drawn from the Fleet Replacement Fire Equipment Account 110-28-388-82824-7401 and 3. THAT the additional funds required in the amount of $5,113.79 be drawn from the Fire Equipment Reserve Fund. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-3330 14-3 REPORT NO.: PS-009-11 PAGE 2 Recom nded Jerry B `� a , Manager, Purcha ng services Date Concurrence: Gord Weir, Director of Emergency & Fire Services Date Approved by: Nancy Taylor, Director of Financ /Trea�urer ODate Approved by: Frank Wu, Chief Administrative Officer Date MM\J B\bh cc: M. Marano, Director, Corporate Services 14-4 REPORT NO.: PS-009-11 PAGE 3 1.0 BACKGROUND 1.1 The quotation document made provision for bids with an option to trade in an existing unit. Schedule "A" attached provides both an outright purchase price and an after trade price. 1.2 Eight dealers were invited to bid on this requirement and one submission was received. 2.0 ANALYSIS 2.1 After review and analysis of the bid by the Emergency & Fire Services Department, Operations Department and Purchasing, it was. mutually agreed that the sole, compliant bidder, Quantrill Chev Cadillac, Port Hope, Ontario, be awarded the contract for the Supply and Delivery of One (1) Chevrolet Caprice 9C1 with Police Package Electrical Wiring. Based on staff review the bid amount offered for the after trade option is fair and reasonable and is recommended. 2.2 Quantrill Chev Cadillac, Port Hope, Ontario, has provided similar services to the Municipality of Clarington in the past and the level of service has been satisfactory. 3.0 FINANCIAL 3.1 The purchase of one (1) Chevrolet Caprice 9C1 with Police Package Electrical Wiring is a replacement unit for the Fire Department. 3.2 The Fire Department has accepted the trade-in price of $4,000.00 for the 2005 Chevrolet Impala (ID #36). 3.3 The budget for the Chevrolet Caprice 9C1 with Police Package Electrical Wiring is $35,000.00 in the Fleet. Replacement Fire Equipment Account 110-28-388-82824-7401. The funds required to complete the purchase of the One (1) Chevrolet Caprice 9C1 with Police Package Electrical Wiring is $40,113.79. 14-5 REPORT NO.: PS-009-11 PAGE 4 3.4 The additional funds required in the amount of $5,113.79 to complete the purchase of One (1) Chevrolet Caprice 9C1 with Police Package Electrical Wiring are available in the Fire Equipment Reserve Fund. 3.5 In view of the Council summer recess authorization is requested to award the above contract, in accordance with the Purchasing By-law 2010-112 Part 2, Section 67- Council Recess Procedures, with the additional funds being drawn from the Fire Equipment Reserve Fund account. 3.6 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Emergency & Fire Services. 4.0 CONCLUSION 4.1 To award the contract to Quantrill Chev Cadillac, Port Hope, Ontario, for Quotation Q2011-23 Supply & Delivery of One (1) Chevrolet Caprice 9C1 with Police Package Electrical Wiring. Attachments: Schedule "A" — Bid Tabulation cc: M. Marano, Director, Corporate Services 14-6 Q w D c � m o ❑ 06 h cli LO i-- .a 3 ~ 3 = Z ... O Z ¢ry �i N z ❑ r o c� g a z m o Q o °� z ❑ U � m Z � ❑ a� o r m do t- -� 7Z3 m H O = � U m ❑ U > Z 00 O U ai Q C = (6 � 14-7 SCHEDULE "B" SERVICES Clor-mgmil REPORT MEMO PURCHASING . Date: August 23, 2011 To: Frank Wu, Chief Administrative Officer From: Jerry Barber, Manager, Purchasing Services Report#: PS-011-11 File#: CL2011-7 Subject: CL2011-7-- Bowmanville Creek Erosion Protection Extension of Contract to include Brookhill Tributary Remedial-Work Summer Recess Procedure (Purchasing By-Law 2010-112, Section 67 RECOMMENDATIONS It is respectfully recommended to the Chief Administrative Officer the following: 1. THAT contract CL2011-7 Bowmanville Creek Erosion Protection awarded to Ontario Construction Company Limited, Niagara on the Lake, be extended to include remedial work at the Brookhill Tributary (Durham Rd. 57 and Stevens Rd.), at the estimated cost of$58,830.51, (Net of HST Rebate) as required by the Engineering Department; 2. THAT funds required in the amount of$62,000.00 which includes $58,830.51 for remedial work plus permitting, administration and design, be drawn from the Steven Road account#110-32-330-83296-7401; and 3. THAT the actions taken during summer recess be reported to Council for information. I CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905 623-3330 1 14-8 I Recomni//end Jerry B .F �, Manager, Purchasing Services Date Concurrence: , Tony Cannella, Director of Engineering Date oc Nancy a lor, Director of Finance Date Approved b ' i i ax/ I Fr u, Chief Administrative Officer Date MM\JB cc: M. Marano, Director, Corporate Services j . li ; i li r CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-3330 i 14-9 i i i i REPORT NO.: PS-011-11 PAGE 3 r 1.0 BACKGROUND AND COMMENT i i •1.1 Contract CL2011-7 Bowmanville Creek Erosion was awarded to Ontario Construction Company Limited in May, 2011, (Report COD-019-11 attached as Schedule 'A'). 1.2 Since the award of the above contract a situation has arisen at the Brookhill f Tributary, Durham Road 57 and Stevens Road, Bowmanville. It has been determined that the tributary is experiencing erosion and if left unrepaired, the erosion will eventually impact the embankment adjacent to Durham Road 57. A ± more detailed description of the problem is outlined in the attached memo provided by the Engineering Department, attached as Schedule `B'. 2.0 ANALYSIS i i 2.1 In order to arrest the progress of the erosion in timely manner and keep the work within the timelines established for work on the tributary as permitted by the Department of Fisheries and Oceans (DFO) it is recommended that the existing agreement with Ontario Construction Company Limited be extended based on the estimate provided. Ontario Construction Company Limited is currently working on the Bowmanvillle Creek Erosion Protection project awarded in May of this year. i 2.2 Engineering Services working with AECOM have approached Ontario Construction Company Limited and secured an estimate to.complete the work recommended by Engineering at an estimated cost of$58,830.51, (Net of HST Rebate). 2.3 Due to the limited time remaining in the 2011 'fish window (July 1 to September 15) early approval of the contract extension is key to completing the remedial work within the time limit o e all w d by DFO. � CORPORATION OF THE MUNICIPALITY OF CLARINGTON . 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-3330 ' 4i fl'IQf'T` .. .-.. .':F' I'i L,S., .. rl -Rn,'.,,_,t,>.ppai l4- i:RFc1{ I>nq`(,I •r ,1::.:'.I i ..,`I'i,!'1 li i:'I p>.tt.•i-:,I r'1r I 14-10 I REPORT NO.: PS-011-11 PAGE 4 2.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering. 2.5 In accordance with established policy an increase in work of this value requires Council approval. However, with Council in recess for the summer it is proposed that the Summer Recess Section (67) of the Purchasing By-law be relied upon to f approve the addition of the work to the existing contract with an information report to Council to follow in September. 3.0 FINANCIAL 3.1 The total project cost, including costing allocation is as detailed in the memo from Engineering Services marked Schedule "B".with the required funds being be providedfrom the Stevens Road Construction Project, capital account#110-32- 330-83296-7401. i 3.2 This matter has been reviewed with the Finance Department and the availability of the funds has been confirmed. I 4.0 CONCLUSION 4.1 An erosion problem has been discovered at the Brookhill Tributary (Durham Road 57 and Stevens Road) that, if left unattended, will continue to worsen and affect the integrity of the embankment adjacent to the roadways noted. A contractor is currently performing similar work in the Bowmanville Creek area and is prepared to undertake the work immediately with completion within the time limit established by the DFO at a reasonable price. Under the circumstance it is recommended that we proceed with the work. ; i j Attachments: Schedule "A", Report COD-019-11 Schedule "B", Memo - Engineering Services CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-3330 f!0F'T:'.. RE CRI`PS.... ..:I. _I':1"!Jf At'I ILLt�Jit:i.: :,°:r'll.i.11; .I `ll:'. L•'<'�(�?. '>�P..fp. 14-11 Clarington ' REPORT CORPORATE SERVICES DEPARTMENT i Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 30, 2011 Resolution#: By-law#: N/A Report#: COD-019-11 File#: Subject: CL2011-7 BOWMANVILLE CREEK EROSION PROTECTION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-019-11 be received; 2. THAT The Ontario Construction Company Limited,*Niagara on the Lake, ON with a total bid in the amount of $269,047.33 (net HST rebate), being the lowest, responsible bidder meeting all terms, conditions, and specifications of Tender CL2011-7, be awarded the contract for the Bowmanville Creek Erosion Protection project; 3. THAT the funds required in the.amount of$384,133.67.00 (which includes $269,047.33 tender, design, contract administration, contingencies and net HST costs) be drawn from the following accounts: and Bowmanville Creek Erosion Control Account# 110-32-340-83234-7401 $3.30,000.00 Bridge & Culvert Repair Program Account#110-32-330-83607-7401(2010Budget) $33,133,67 Baseline Road Structure Account'#110-32-330-83314-7401 $21,000,00 Total Project Costs $384.133.67 i 14-12 j REPORT NO.: COD-019-11 PAGE 2 5. THAT the Mayor and the Clerk be authorized to execute the necessary agreement. j Submitted by: G Reviewed by: Marie Marano, H.B.Sc,, C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer Nancy Taylor, B.B.A., C.A., Director of Finance j MM\JDB\km . j i i . i 4 I CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPER/ NCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 i f (E � I i 14-13 REPORT NO.: COD-019-11 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 Tender specifications were provided by AECOM Canada Ltd, for the Bowmanviile Creek Erosion Protection project as required by the Engineering Department. E 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 I AECOM Canada Ltd., Schedule "A" attached. 2.0 ANALYSIS 2.1 A total of eleven (11) 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, The Ontario Construction Company Limited (OCC), Niagara on the Lake, ON, be recommended for the contract for the Bowmanville Creek Erosion Protection project. A copy of the recommending memos from the Department of Engineering and the consultant AECOM are attached as Schedule"A". 2.3 Although OCC has not completed any projects for the Municipality of Clarington their references were checked and OCCL has completed a number of projects i of similar scope -and value for the Fram Development (Engineering by Shore Ian Engineering), Goderich Port Management Corp, (Engineering by B.M. Ross Engineering) and CAPREIT Partnership (Engineered by Bard & Associates). All references were satisfied with work completed-by OCC. i 14-14 REPORT NO.: COD-019-11 PAGE 4 • i 2.4 Queries with .respect to department needs, specifications, etc,, should be i referred to the Director of Engineering. i 3,0 FINANCIAL 3.1 The total project 'cost, including tender price of 269,047.33, design, contract I administration, contingencies amounts to $384,133.67 (Net of HST Rebate). i 14 The detailed funding required for -the project is outlined in the memo from I Engineering Services and the letter from AECOM Canada Ltd., marked Schedule "A" and summarized below. • I 3.2 Funding for this project will be drawn from the following: Department and Account Number Engineering Department—Capital Budget Bowmanville Creek Erosion Control Account# 110-32-340-83234-7401 $330,000,00 Bridge & Culvert'Repair Program Account#110-32-330-83607-7401(2010Budget) $33,133.67 Baseline-Road Structure j Account#110-32-330-83314-7401 $21,000.00 I Total Project Costs $384.133.67 I I � i i i i i I 14-115 f I REPORT NO.: COD-019-11 PAGE 5 i 4. INPUT FROM OTHER SOURCES 4.1 The Director of Finance has reviewed the funding requirements and concurs with the recommendation. i 4.2 This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows: Concurrence: Director of Engineering Attachments: Schedule "A"— Memo from Engineering Services & Letter from AECOM Canada Ltd. i 1 I I i j i 14-16 i i I SCHEDULE"A" MEIVIU I . I Leading IGe Way � • I • i i • 1 TO: Jerry Barber, Purchasing Manager FROM: Ron Albright, Manager, Infrastructure and Capital Works DATE: May 20, 2011 RE: 2011 Erosion Control Works, Bowmanville CL-2011-07 The Engineering Services Department has reviewed the recommendation provided by AECOM Canada Ltd, ("AECOM") and offers the following comments. As part of the.Municipality of Clarington's ongoing efforts to address erosion issues within lands owned by the Municipality of Caarington, the Engineering Services department, with approval from Central Lake Ontario Conservation, have completed designs to address 3 existing erosion concerns as follows: Bowmanville Creek East Bank(roughly opposite 147 Queen Street) Bowmanville Creek East Bank at Rotary Park Pedestrian Bridge Darlington Creek at North End of Structure 99055 at Baseline Road The proposed works will address bank erosion Issues at these locations and help to reduce I sediment loading of the creek as well as protecting the Municipality's Infrastructure as is the case with the Pedestrian Bridge and Structure 99055 works. Although the proposed works at i I the Rotary Pal-k pedestrian bridge will address the Immediate concern of the erosion compromising the walking path at the east abutment of the bridge there will be additional work required in the future to address additional erosion north of the bridge on the east bank. This will be designed and planned for as part of future budget deliberations. 1 We concur with AECOM's recommendation to award the contract to The Ontario Construction j Company Limited (OCC) in the amount of$264,394,00, exclusive of HST, or $269,047.33 net HST,to complete the erosion remedial works at the three locations outlined above. A detailed breakdown of Clarington's funding for the complete project costs is provided on the j Cost Apportionment supporting AECOM's tender review letter. i Due to past experiences on similar projects, a contingency amount of approximately 10% is carried forward. Therefore, including design and tender fees, construction, as well as contract administration fees,the Engineering Department advises the following breakdown for the above i i referenced project net of H.S.T.: j i ' I . i • i 14-17I . i SCHEDULE"A" 2011 Erosion Control Works. Bowmanville 2 May 20, 2011 Project Breakdown Total Project Value $384,133.67' Budget Amount Bowmanvllie Creek Erosion Control 110-32-340-83234-7401 (2010&2011) $330,000 Bridge and Culvert Repair Program 110-32-330-83607-7401 (2010) .$200,000 Baseline Road Structure $ 21,000 110-32-330-83314-7401 2011 1 Estimated Unexpended Budget $166,866.33 Additional Funding Required $0 The unexpended budget amount from the Bridge and Culvert Repair Program will be used in a future tender this year to address additional structure needs. We recommend the report to Council move forward based on the above apportionments. Attached for your files Is the recommendation provided by AECOM whlgh includes a more detailed breakdown of estimated project costs, Should you have any further questions, please . feel free to contact the undersigned. Regards, i R Albright, P. Eng, Manager, Infrastructure and Capital Works RA(ra I Attachment Cc: Will.McCrae, P. Eng., Manager, Cobourg Office,AECOM Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services (•;4::£r••-ti;.1 Pi.)j'rCi?.,?ti l I\ft,)`:atliiWilif?('(r-.,•t{,Cii) ItN)Prstt:��,'I'tr>nil)^�90 11 t;lirgigr R.:UiN,tUPJ`(U;I:•^,I::Piilcr/•`.,.+:irl(1'r . I ' I • I r � I 14-18 1 I i SCHEDULE"A" ' I ' p� I iE'@ECO p�i AECOM 513 DIvIslon Street 905 372 2121 tel I Cobourg,ON,Canada K9A 636 905 372 3621 fax vAYW.aecom,com I ' 1 _............ ........... . - ...._ ......._._...._.._..._.__,.__..........._....... ._............. _......,..,__.._._.... .- c s 'Y I May 18,2011 . Mr. A.S,Cannella, C,E.T, Director, Engineering Services The Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Dear Sir: i Project No, 12-29677-20 Regarding, 2011 Erosion Control Works, i Contract No.CL2011-07(the"Contract') Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Friday,-May 13,2011 at 2:15p>m. A list of the bids received Is provided in the table below, '-:"p l'?= -•�__3'.a.° :'.l.:.ttn; "<t-:cx.`�r-•.- t`l� :F^ of :•tc+i '-,7•; �q:' -- -�_ :d'+-.'Clk ..\{.iyy-:sS- -•.ia -.i•,. s,�f rh � :ii �1� .ir.s -,iii•'€' -c�.,:.�' - "`r't`tt 7t}; � T` +.� Sy.. t r r.}`St '•.'` �,. �.-'£-.-`i_T._.-�•,d:�'�- '-�i+T.. �n�. �:.t�+"� �::j�S.,n�S-is:� 'ast�"ttr .r -3�G vti:��'-'�s.u..t},--�.'.3. i�. � '?3Z_ci:�;, ��-€� �'+{} ..5f.= sh=,r.' ,:?3 JS'��t z`ic�'-+•_L'-.'�r`u._`-�•-_���_f;=�"tt:= - ��i;�'�. .+• :1 '�n�S�i'��iaiP'.: •if- ��`i:�'%`r�?-�•i :',{>. :;� ,?•��: `:.,.M�rSiD 11�•.h�, -� .�,�„��,�_ °`�: AT,�L° .��:T :T�•,' r 'pr,,.,:�,ry„s.,.�r_;�TOT' L,. t t _.,1'. '.y;” _%;ri' r,,., -t��r :.:r•u c"''`S£`- -y-3:>+�s,..(..»:•. rTU,�},�,.=;,i' ��;..- sue 1r:.a.�.., • -r.r.'�`•i;x>.dt:- `.'��.f,r_'•;rr>,- '•:h-rts- �::tr, =:1.�. - S , ..r.2•'�-��.� r^`.7;�r..<•::..r;£i,:�.�i<mf:.-.�..�r. y. `:�)�:..-i.:S.. ���.#.",, r�:'=� �r?'°..atac}�y.t. .£;�,:c:N••>� �> -��P%�' ,1�.r�r�r i.-�..t ._'i'••c:,.:d_.c.,:+?... _. _ -:,i.�L� v!-r.:6,::c='i:4�i;+t.,-.rn e:F.j�,;'-�,'3=:t.s' ^v�'.t;r3• ,,:'v•• �'x't' ti>�5 r. - ;,r';-,n-.-a'{' �r�i':_-,: - :),�;_: :,V•;�:�;�1= - ,,s v!uy,ir':1i•,.}-!�:.*� 't !.' iA'e`-`e a� ,Y 77S� n .l'n- .C::t.�,l.r - - :« ',_�•��-�F:��,�. �r._,. _��)=itet;?�HS7:j:,,,�.:� 'lit. 1�3�9�•H$;; �'-'Nett 5'Ii:° a; - - :�•. - ;�r.. =•>c=� ,._, ._�.�r.�• vs��: z ..�. al<� �: _ ,H�_ .rRebate.�,:-> �:>'tt:.:- •c.C'� Cv.a��: _- - - oi;);5?Y:� Y •:r-47.=:..3.\�_,t,lc.,...> -.5..+"= -:f.• :..i•. = '' .,,.c,F �...�.si3r.:tk�.: 4:3.. C'_ _"?r�'�'Fr,G�'.7�Yi�ci:� d;h�'?••�a:o}: .S xy-�-c,%s-.,,cj "-3ii L:Y t'�3v i.,•__..,. t�.J3-c(.l;i1,r......._. :tom+..1? .>4;ck� ,)• The Ontario construction Company Limited Niagara on the Lake, ON • $ 264,394,00 $ 298,765,22 $ 269,047.33 R&M Construction $ 281,574.00 $ 318,178,62 $ 286,529,70 Acton,ON Dynex Construction Ltd, i Concord,ON $ 318,856.00 $ 360,307.28 $ 324,467.87 407043 Ontario Limited c/o Hollandia Land &Environmental $ 323,055.00' $ 365,052.15 $ 328,740.77 Chelmford,ON Cederspring Landscaping Group'Llmited Ancaster,ON $ 333,058.15 $ 376,355.71 $ 338,919,97 Drain Bros Excavating Ltd, Norwood,ON $ 336,695.95 $ 380,466,42 $ 342,621,80 Iron Trio Inc. Concord, ON $ 339,415,26 $ 383,539,24 $ 345,386,97 i Hawkins Contracting Services j Markham, ON $ 369,403.00 $ 417,425,39 $ 375,904.49 • i Confinued on Page 2 I I I , CL20I1-e7Tendat Awatd Lellec0oo � I • 4, I ' 1 ' 14-19 SCHFdULE"A" JP7SCOM Page 2 . 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'vJ,+AMPt' <.l ,l'�+''��i a'•�`'i`;�'�7t`�'yr. {t;i c,i %�'^'74• -3 "S`{:d;�cn 'i:_,r�%n{ s,. ";.' �:t _e.•. ya,a r%z „; .S, '•`:PLC.�Z„_�{%D:L:f,,�, :c .:�„tg:7r�,fd"r,�,Y.�,�,,�+•`%t,J':�(`'�'rt t�; ?4: •s'7"x"33`- Fr. ,is •.r -- ,..t ;.,. ��_, .�; ��_• .-,��,:�l,,.ti�t;. �;,:. -hl.,r/EX-.1.._HS, ,.�� {,0 1 _64':Gt. � ;�s, a} S5'r� e5f e���=� • - �:k,c�.':�': - ek:';s,_ ,r.,; ::!5�- ,...-fi'�>^:v:�ay.,j .\.,_4,-r., ��.,;,: �)`,3�tt�25F��..vE...'�s).g�S..X�;.(ft'!.,�,.,;7.._..�R_.IJ...f ..Se ?t�E _,,,�.,...€:•fa'i:.?,>.�h_ ,5�,s'it' S)4=r:='��: .,.re:;>�-s-,`-l:;?:vrx�+,���� r.F...�r��s4`4r=.� tc�;:�i't;5'F.-'�-. t;s:,�r�::...;t�:;d - -�z'c:r.t2J[;'i:e,�t.<Yaj���=;iy:r ' Ron'Robinson Ltd, Bowmanville, ON $ 374,238,00 $ 422,888,94 $ 380,824.59 Hard-Co Construction Ltd. Whitby, ON $ 394,848.00 $ 446,178,24 $ 401,797.32 i I Elirpa Construction&Materials Limited g $ 600 302.94$ 678,342,32 $ •610,868.27 Pickering, ON *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, AEC OM Canada Ltd, ("AECOM")has reviewed the two lowest bids and confirmed the bid values noted above, The Ontario Construction Company Limited(OCC)Is the lowest bidder. As requested by the Purchasing Department, references were checked only for the lowest bidder, . OCC has completed a number of projects of similar scope and value Including work for the Fram Development(Engineering by Shoreplan Engineering),Goderich Port Management Corp. (Engineering by B•M Ross Engineering), and CAPREIT Partnership(Engineering by Bard& Associates), Engineering references stated that OCC has completed work to specification and to their satisfaction, With the low bid from OCC,and other associated project costs noted on the attached cost apportionment, the project Is within budget. Should funding be available, It Is our opinion, based on the input provided by the references contacted regarding performance on previous projects,that the bid in the amount of$264,394,00(exclusive of HST)may be awarded to The Ontario Construction Company Limited of Niagara on the Lake,Ontario subject to all provisions of the Clarington Purchasing Bylaw being met, Bid Cheques or Bid Bonds shall be retained for OCC and R&M Construction, 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, i Manager, Cobourg Office will.moorae@aeoom.com i WM:pc i End cc: rlRoliFgl�rl�ht;;PsEng ;Ma aeftot lr�fr� tft]��tliPa'a ii!' a't al' o s if`ici' f a + . _...>::s-,,4:% ,.,: 1;,N C,l pp ;, ,w::_.•:n:,.��`!' ;iN:.itt:�?.�. pa11-;,..o�al"-ll 9tal!tt J s=S,`..i`SECr'r,.d-.,•;x'�•.3.5L`s`'a;tu%+tsal l ,t,•7 _Yi2..�-J1"a,,�,.ril i CL201b07 Tutor Award LNter.Doo 1 J 14=20 SCHEDULE"A" ' i I + I N�^ N r v N I N E S V b o J a� 000 ° �� � 04 ° ooa � � oo •o I t0 H N N W l9 yr w °o °• 19 °N � � t� 00 � O O W 10 V t(�� f� 00 1b0 ua g (°V� m +O O b tV YYC�(� {N{�11 �MM/{• (9) N �( N O1 C M NN " • '� o .d o a` � a I f2 m lN�+ O o O O ti J N M R O NlOP ° S y U t� O N t� ° yy N O O tl l4 ' M 'rm• M � N � 'Y V 4 O O �ryNj N N t'1 i l9 NN it V/ i7 I N YI b O • a i vi m C z ~ � �. D •� 3 � ° € s � Sa9 v � 3 tu 'd y A � a � m a K � U° z' � $ d ag � �z •� � y1 � � Cy4 E a C •£� a v 9 a a a o U Q o ° o o 2 io U F= o f li' �J °• 7 E > aV o A o '15 v t . ,Q U i o • 14-21" Leading t)te Way MEMO TO: Jerry Barber, Manager, Purchasing Services FROM: A. S. Cannella, C.E.T. Director Engineering Services DATE: August 23, 2011 RE: BOWMANVILLE CREEK EROSION PROTECTION EXTENSION OF CONTRACT TO INCLUDE BROOKHILL TRIBUTARY j REMEDIAL WORK The Municipality of Clarington has been involved in erosion control works within Bowmanville on an ongoing basis. This year we budgeted for erosion control works, as-identified within Corporate Services report COD-019-11, at three different locations: • Bowmanville Creek East Bank • Bowmanville Creek East Bank at Rotary Park Pedestrian Bridge • Darlington Creek at North End of Structure 99055 at Baseline Road Total'project costs, as identified within this report were estimated at a total cost of $384,133.67. Since awarding the contract for these works to The Ontario Construction Company Limited a further erosion issue has been confirmed by The Department of Fisheries and Oceans (DFO) during their annual inspection of a culvert we installed five years ago, just west of Regional Road 57 on Stevens Road at the Brookhill Tributary crossing. The erosion in this area is not only a concern for the DFO it is very much a concern to the Municipality due to sediment loading of the tributary which could eventually compromise the road structure if not addressed. . f I CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5506 i 14-22 I i Page 2 of 2 BOWMANVILLE CREEK EROSION PROTECTION r EXTENSION OF CONTRACT TO INCLUDE BROOKHILL TRIBUTARY REMEDIAL WORK I Knowing that the July 1 to September 15 "fish window" construction timing would apply we have completed the design of the remedial works and applied to Central Lake Ontario Conservation for a work permit which should be issued in the next day or so. Having worked with you in Purchasing closely, it has been agreed that because of the tight time lines and sensitive nature associated with the fish window there is not enough.time to go through a formal quotation and award process, have the contractor mobilize and complete the necessary work prior to the September 15 deadline, For that reason we have approached the contractor who is in our area completing erosion control works identified within report COD-019-11 and asked them to provide us with a quotation for these additional works. The Ontario Construction Company Limited has reviewed the works and responded with a.quotation in the amount of$57,813.00 (or $58,830.51 net HST), which will be handfed as an extra work order and funded from the Stevens Road account. i The quotation provided by Ontario Construction has been reviewed and is deemed reasonable based on the scope of the work required. With contract administration ($2,500) and permitting ($500) we would be looking for funding in the amount of $61,8.30.51 or$62,000 rounded amount. With concurrence from the Director of Finance we would suggest that this amount be funded with the unexpended funds from the Stevens Road Account#110-32-330-83296-7401. I am happy to provide further information and to answer any questions you may have. I i Anthony S..Cannella Director of Engineering Services ASCljb i cc: Franklin Wu, CAO Marie Marano, Director of Corporate Services I CORPORATION OF THE MUNICIPALITY OF CLARINGTON I 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5506 DN:H:WP51 DATA/MEMO/MEM002/ 14-23 Clarington REPORT CORPORATE V1 CES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: Report#: COD-028-11 File#: Subject: CL2011-27, ASPHALT RESURFACING, VARIOUS LOCATIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-028-11 be received; 2. THAT Coco Paving Limited, Bowmanville, Ontario, with a total bid in the amount of$422,743.92 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2011-27, be awarded the contract for Asphalt Resurfacing, Various Locations, as required by the Engineering Department; 3. THAT the additional funds in the amount of $17,000.00 required to complete the Old Scugog Road resurfacing project be transferred from the 2011 Pavement Rehabilitation Account to the Old Scugog Road Account; 4. THAT the additional funds for Nash Road and Concession Road 3 be funded from the unexpended funds from the Mearns Avenue project; 5. THAT the funds required in the amount of$478,000.00 (i.e., which includes $422,743.92 for tendering and a ten percent contingency amount and materials testing and the Municipality's Net HST amount) be drawn from the following Engineering Department Capital Budget Accounts 110-32-330-83214-7401 - Nash Rd $100,000 110-32-330-83316-7401 - Old Scugog Rd. $52,000 110-32-330-83319-7401 - Conc. Rd. 3 $101,000 110-32-330-83208-7401 - Mearns Ave. $225,000 Total $478,000 14-24 REPORT NO.: COD-028-11 PAGE 2 6. THAT the Mayor and the Clerk be authorized to execute the necessary agreement. Submitted by- Reviewed by: -Marie Marano, H.B.Sc., C.M.O., Franklin Wu, Direct r o orporaje Seri,ices Chief Administrative Officer i Nancy Tay�dr, B. 1, C.A., Director of Finance/Treasurer MM/JDB/km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-25 REPORT NO.: COD-028-11 PAGE 3 BACKGROUND 1.1 Tender specifications were provided by the Engineering Department for the Asphalt Resurfacing, Various Locations. 1.2 Tender CL2011-27 Asphalt Resurfacing, Various Locations was advertised in the Daily Commercial News and electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, tenders were received, reviewed and tabulated as per the memo from the Engineering Department, Attachment 1 attached. 1.3 Attached for information is a copy of the Standard Drawings and Key Maps (Attachment 2) indicating locations of the project. 2.0 ANALYSIS 2.1 A total of two (2) submissions were received in response to the tender call. All submissions were deemed compliant. 2.2 After further review and analysis of the compliant bids by the Engineering Department and Purchasing, it was mutually agreed that the low bidder, Coco Paving Limited, Bowmanville, Ontario be recommended for the contract for the Asphalt Resurfacing,Various Locations. A copy of the recommendation memo from the Department of Engineering is attached as Schedule "A". 2.3 The low bidder has provided similar services to the Municipality of Clarington in the past and the level of service has been satisfactory. 2.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering. 3.0 FINANCIAL 3.1 The total project cost is $478,000.00 (i.e., which includes $422,743.92 for tendering and a ten percent contingency amount and materials testing and the Municipality's net HST). 14-26 REPORT NO.: COD-028-11 PAGE 4 3.2 Funding for this project will be drawn from the following accounts: DC Related Tax levy Project Related Project Total Total Project Value $426,000 $52,000 $478,000 Budget Amount Nash Rd 110-32-330-83214-7401 $95,000 $95,000 Old Scugog Rd.110-32-330-83316-7401 $35,000 $35,000 Conc. Rd. 3 110-32-330-83319-7401 $91,000 $91,000 Mearns Ave. 110-32-330-83208-7401 $270,000 $270,000 Total Budget Amount $456,000 $35,000 $491,000 Estimated Unexpended Funds $30,000 $0 $30,000 Additional Funds Required: 2011 Pavement Rehabilitation $17,000 $17,000 Account 110-32-330-83212-7401 3.3 The total project costs for the Nash Road and Concession Road 3 portions of this project exceed the budgeted amounts; however, this shortfall is offset by the Mearns Avenue component that is under budget. The additional funds of $17,000.00 for the Old Scugog Rd. portion of the project are available in the 2011 Pavement Rehabilitations account 110-32-330-83212-7401. 4.0 COMMENT 4.1 Public tenders were invited resulting in the submission of complaint bids with the low bid being acceptable. Therefore it is recommended that the contract be awarded to the low compliant bidder, Coco Paving, Bowmanville. 5.0 CONCURRENCE 5.1 This report has been reviewed by Ron Albright, Manager Infrastructure and Capital Project Manager, Engineering Department, who concurs with the recommendations. 5.2 Queries with respect department needs, specifications, etc., should be referred to the Director of Engineering. 6.0 CONCLUSION 6.1 To award the contract to Coco Paving Limited, Bowmanville, Ontario for Contract CL2011-27 Asphalt Surfacing, Various Locations. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Jerry D. Barber, C.P.P.O., Purchasing Manager 14-27 REPORT NO.: COD-028-11 PAGE 5 Attachments: Attachment 1 - Memo from Engineering Services Attachment 2 - Key Maps List of interested parties to be advised of Council's decision: Not Applicable 14-28 Attachment 1 MEMULeading the j�'ay TO: Jerry Barber, Purchasing Manager FROM: Ron Albright, Manager, Infrastructure and Design DATE: September 6, 2011 RE: SURFACE ASPHALT CONTRACT, CL2011-27 Tenders for the above project were opened at the Municipal Offices on Thursday September 1, 2011 at 2:00 p.m. A summary of the bids as received from Purchasing.is provided in the table below. BIDDER TOTAL BID TOTAL BID (excluding HST (including net HST Coco Paving Incorporated $415,432.31 $422,743.92 Oshawa, ON Miller Paving Limited $540,128.79 $549,635.05 Whitby, ON The scope of the project deals with placing the surface lift of asphalt on recently constructed roads that have been left at base asphalt for the past few years to allow for any minor settlement which typically occurs with most road construction involving the installation of underground infrastructure within the roadway. The total project costs based on Coco Paving's low bid are shown on the attached Cost Apportionment. The estimated total project cost is $478,000.00 which includes a 10% contingency amount, materials testing and the Municipality of Clarington's net HST amount. It should be noted that the contract preparation, tendering and contract administration for this project will all be completed with Municipal Staff. The Engineering Services Department has reviewed the reference check provided by your department and concurs with your recommendation to award Contract CL2011-27 to Coco Paving Incorporated in the amount of$415,432.31 (exclusive of H.S.T.)which amounts to $422,743.92 including our net HST commitment. Due to past experiences on similar projects, a contingency amount of approximately 10% is carried forward. The Engineering Department advises the following total project 14-29 Attachment 1 cost breakdown for the above referenced project with the various sections of the project broken into Development Charge (DC) related or Tax Levy Related to account for the different funding sources: DC Related Tax Levy Total Project Related Project Total Project Value $426,000 $52,000 $478,000 .Budget Amount Nash Road 110-32-330-83214-7401 $95,000 $95,000 Old Scugog Road 110-32-330-83316-7401 $35,000 $35,000 Concession Road 3 110-32-330-83319-7401 $91,000 $91,000 Mearns Avenue 110-32-330-83208-7401. $270,000 $270,000 Total Budget Amount $456,000 $35,000 $491,000 Estimated Unexpended Budget $30,000 $0 $30,000 Additional Funding Required $0 $17,000 $17,000 As there is a funding shortfall in the Tax Levy related portion of the tender it is recommended that $17,000.00 from the Tax Levy portion of unexpended funds from the 2011 Pavement Rehabilitation Account (110-32-330-83212-7401) be reallocated to cover this shortfall. The variance in the pricing from the budget amount can be attributed to the limited quantity of asphalt for this section as well as the narrow nature of the road which will make traffic control more difficult for the contractor than our standard width roads in the urban area. We recommend the report to Council move forward based on the above funding allocations and as further detailed on the attached cost apportionment. Should you have any further questions, please feel free to contact the undersigned. Regards, __. .... Ro Albright, Eng. Manager, Infrastructure 'nd Capital Works RA/ra Attachment Cc: Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services .' :: jtt':1", '':i __ .::�Il7t.Iti�t 'it11Q"tl_..'liriC�;�'bailc^,�PrT:�CUiTI'�1='.its✓L".�:C)�lr�i,C'.JOCX . 14-30 Attachment 0 N_ � N T � C 6 N N E w E E E O N N U W UJ 0 CL` [M r 1 O l00 7 o 00 N o O O CD (V M o M of 1n O o 0 O_ O M w O O O V' (0 0 l(7 '4 O O O (0 a 10 < Cl) O l0 O 10 7 N N N C o � N Q � N 0! � o b9 69 64 6Y 69 6q V3 69 6S yj Vim- 000 M O M O) m O O O N M � N O N H 100 N O O O ° Cl) [r 00 N o 0 0 ti W Co O O 0 U 0 0 0 °P (D y M � N � O ° N rO N C 69 » 69 63 64 » 63 69 63 O O) 0 0 0 _ = OD N V o tv(+�, po 0 0 •L V W ti V o tT 0 0 0 CO r O M M aV n O O O V = N C o LO (1) v- O,r O ° O 0) ++ 0 M o � m V o ° r 6r (n ey}�r 69 (.4 Fy » to (» r M cN- et O V m N o O O N h N O1 0 Oi (V 'V 0 O 0 0 00 N M try O O O O ° N V (D N (7 M o 1(j V) CO 00 00 O 0 a d O N , M Z N 0 - N X ` (H 69 N 64 VT yj 64 69 69 (p N O0) E N O n M O O O tD CA 0 O O O o M Co [} w O M O w M M O O O .� hh 4 0 o O N O n 0 N 0 0 O 0 Co h w O O M O < W CO O O O d (u 0o i < N V C Co N O 0 F U 000 NV 00 M 0 0 U N IR K (R w 69 69 a LD � U (6 m '- Q C"u c H N C N O O d c O E E o --C U M Q ax o ? v O L w (Oa 0 (n CL O O Q N ~ d C m O 0 0 ° V O CL 0 o Q B a w Q 0 0 0 a. O N,p o (n t i E c 107 .� H a: ' 0 o 0) o c a m v 0(n z U m U N z o U a w n m 14-31 Attachment 2 ro N 6 p p Cl mU m da c F- 2 O t a=c u U. at a°— t CL O ' z o i� o> CL or li , Ji �j << p —� - p -' 1i't' IS _ 1 x � W � ' w °z 14-32 Clarington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: N/A Report#: COD-029-11 File#: Subject: PURCHASE OF A PRE-BUILT PUMPER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-029-11 be received; 2. THAT the Purchasing Manager be authorized to negotiate a purchase price from the three (3) fire truck manufacturers who responded to the Expression of Interest; 3. THAT a report to Council be provided summarizing the results of the negotiations and providing a recommendation for the purchase of the selected unit. Submitted by: Reviewed by: a ie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer i Nancy /16r, B.B. .A., Director of Finance/Treasurer MM\JDB\BH\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 14-33 REPORT NO.: COD-029-11 PAGE 2 1.0 BACKGROUND 1.1 Report COD-016-11 was approved by Council on May 17, 2011 Resolution #GPA-366-11. The report is attached as Schedule "A" for reference. 1.2. A request for Expression of Interest (EOI) was sent to nine (9) known fire truck manufacturers. Three (3) manufacturers responded to the EOI: Carl Thibault Emergency Vehicles, Darch Fire Incorporated and Fort Garry Fire Trucks. 1.3 Carl Thibault Emergency Vehicles submitted one option. Darch Fire Incorporated submitted two options and Fort Garry Fire Trucks submitted four options. Only one (1) unit was readily available as stock. None of the units proposed met the Fire Department's requirements. 2.0 ANALYSIS 2.1 The Fire & Emergency Services Department and Operations Department reviewed the technical specifications and proposed pricing received from the three fire truck manufacturers. 2.2 The Expression of Interest was drafted to allow for a driver's side pump panel or transverse pump panel as the Fire & Emergency Services Department was not sure whether the budget would allow for the transverse pump panel option. 2.3 After reviewing the bid submissions and pricing the.Fire & Emergency Services Department determined that the transverse pump panel option is affordable. The transverse pump panel option offers the following benefits for staff— improved visibility, protection from the weather elements and quiet auditory environment. As well, the staff is familiar with the operation of a transverse pump panel as Pumper#1 and Pumper#4 both have this feature. 14-34 REPORT NO.: COD-029-11 PAGE 3 2.4 Out of the bid submissions received only two (2) submissions offered the transverse pump panel option. These bid submissions were received from Fort Gary Fire Trucks. However, these options failed to meet two other requirements namely the larger cab and small engine. 2.5 The Fire & Emergency Services Department, Operations Department and Purchasing Division is requesting approval to contact the three (3) firms expressing an interest in this acquisition to initiate ,discussions leading to a negotiated price for a unit meeting the Fire Departments requirements. 2.6 Upon completion of the negotiations, a report to Council will be provided outlining the results of the process, the negotiations and requesting approval to proceed with an award. 2.7 For clarification, at the time this pumper was budgeted the timing for acquisition Was tied to the proposed opening of the Newcastle Fire Hall. With the review of the Newcastle site currently underway and the expected date of opening extended by approximately one (1) year, we have time to engage vendors in discussions for a custom build pumper. 3.0 COMMENT 3.1 Given the circumstances the Purchasing Manager did not undertake further discussions with the responding manufacturers because to do so would be outside the authority provided by Resolution GPA-366-1; namely negotiation and purchase of a prebuilt unit or a unit that was in the advanced stages of construction. 14-35 REPORT NO.: COD-029-11 PAGE 4 4.0 FINANCIAL 4.1 Fire and Emergency Services has made provision in the 2011 Emergency Services Fleet Budget, Account # 110-28-388-82812-7401 for the purchase of a new pumper and equipment at the estimated cost of$600,000.00, which is within the approved 2011 budget allocation. 5.0 CONCURRENCE 5.1 This report has been reviewed by the Purchasing Manager. The Director of Emergency & Fire Services and Director of Operations concur with the recommendations. 6.0 CONCLUSION 6.1 This report requests approval for the Purchasing Manager to negotiate a purchase price from the three (3) fire truck manufacturers who responded to the Expression of Interest. The results of the negotiations and recommendation for the purchase of the selected unit will be reported to Council for approval. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Not Applicable Attachments: Attachment 1 - Schedule "A" Report COD-016-11 List of interested parties to be advised of Council's decision: Not Applicable 14-36 SCHEDULE "A" REP ORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE ARID ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution#: By-law#: N/A Rego® : COD-016-11 File#: Subject: PURCHASE OF A PRE-BUILT PUMPER RECOMMENDATIONS: It is respectfully recommended that the-General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-016-11 be received; 2. THAT the requirements of Section 2, Bid Policies of By-law 2010-112 be waived for this transaction; 3. THAT the Purchasing Manager be authorized to solicit Expressions of Interest from known fire truck manufacturers to determine the availability of anew 1250 GPM Pumper suitable for Clarington requirements; 4. THAT the Purchasing Manager be authorized to negotiate a purchase price for a selected unit; and 5. THAT a report to Council be provided summarizing the results of the Request for the Expressions...of Interest and providing a recommendation for the purchase of the selected nit. Submitted by: lf�=� Reviewed by: �--` Marie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer INancy Taylor, B.B.A., C.A., Director of Finance/Treasurer MM\JDB\BH\km CQRPORATION OF THE MUNIGIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-4169- 14-37 SCHEDULE "H REPORT NO.: COD-016-1i PAGE 2 .1.0 BACKGROUND AND COMMENT 1.1 Fire and Emergency Services has provided funding in their 2011 Capital Budget for a new pumper truck. 1.2 In the past, the methods used to acquire new fire trucks have included Public Tender, Request for Proposal, negotiation with a selected manufacturer and an Expression of Interest. The formal public process (RFT & RFP) for the acquisition of a new unit from date of bid solicitation to delivery of the completed unit can take upwards of twelve to.eighteen months depending on the type of equipment required. This.is primarily because the unit is custom built and must be manufactured to meet the specifications set out in the tender. 1.3 -In 2008, the Municipality of Clarington set aside the normal competitive process and purchased a pre-built pumper using an Expression of Interest (E01) with satisfactory results. As the EOI process was effective and provided the Fire Department with a pumper which met their requirements and expectations in a much shorter time period and within budget, it is recommended that the Purchasing By-law be waived and the use of an EOl process be authorized for acquisition of the new fire pumper. The EOI process allows for the vendors to focus on the availability of the unit as well as present the features offered on their stock or under construction pumper trucks.and indicate.an approximate cost. The EOI process is far less formal than the tendering and RFP process and avoids complexities and risks associated with the formal bidding process. 1.4 The 2008 acquisition was for the purchase of the pre-built unit. Typically, the prices for pre-built units are better than those offered for the production of a unit to our specifications simply because the pre-built unit is constructed using standard design and components to a standard and marketable specification. As the stock units are readily available and 14-38 often sought after, they do not usually fit with a public Tender process . SCHEDULE "A" REPORT NO.: COD-016-11 PAGE 3 where the evaluation of bids and the award process are lengthy. Dealers are reluctant to commit themselves on the availability of a stock unit when other buyers are interested in a"quick purchase. The EOI process.lends itself to a much faster decision process and a relatively short award period. 1.5 Staff recommend a request for Expressions of Interest from known manufacturers indicating the availability of pre-built units or those in an advanced state of construction conforming to basic criteria for a 1250 GPM Pumper with accessories and the approximate cost and details with respect to the specifications. Purchasing and Fire Staff will review the submissions, select the unit(s) providing the best combination of price and specification and proceed to negotiate a final delivered price for a unit with accessories. 1.6 Upon completion of the negotiations, a report to Council will be provided outlining the results of the process, the negotiations and requesting approval to proceed with an award. 1.7 If a unii acceptable to the Fire and Emergency Services Department cannot be located using the proposed expression of interest process; a formal tender process will be undertaken. 1.8 In 2008 when the EOI process was recommended authorization was also provided to amendment the Purchasing By-law to include the EOI process . should the*process.prove successful. In accordance with the approval through report#COD-018-08 (copy attached as Schedule `A'), the By-law . will now be amended to include the updated provision for use of the E01 process. 14-39 SCHEDULE "A" REPORT NO.: COD-090-11 PAGE 4 2.0 FINANCIAL 2.1 Fire and Emergency Services has made provision in the 2011 Emergency Services Fleet Budget, Account# 110-28-388-82812-7401 for the purchase of a new pumper at the estimated cost of$600,000,00. 3.0 INPUT FROM OTHER SOURCES 3.1 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Emergency& Fire Services Director of Operations 14-40 Clarftwn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: Report#: FND-017-11 File#: Subject: 2011/2012 INSURANCE PROGRAM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-017-11 be received; and 2. THAT the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self retention deductible levels for the period July 1, 2011 to June 30, 2012 at an approximate cost to Clarington of $782,564 be confirmed; Submitted by: / � Reviewed by: Nancy AA aylor, , CA. Franklin Wu, Director of Finance/ Chief Administrative Officer Treasurer NT/hj I CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 15-1 REPORT NO.: FND-017-11 PAGE 2 1. BACKGROUND 1.1 The purpose of this report is to provide an update to the General Purpose and Administration Committee regarding the status of the Municipality's insurance program. 1.2 This report also includes a review and update of the Durham Municipal Insurance Pool (DMIP), which is now entering its eleventh year of successful operations. 1.3 Clarington is a founding member of the DMIP which was established to achieve financial savings by co-operatively purchasing insurance coverages with local and pool level deductibles and by implementing common risk management practices. The Pool protects participating municipalities from increasing insurance premium costs through an alternative risk-financing program with a higher single deductible and collectively self-insuring claims within that deductible. Clarington has held the position as Chair of the Board of the DMIP since its inception. 1.4 The Durham Municipal Insurance Pool (DMIP) was launched in July 2000 with the participation of the Town of Ajax, Town of Whitby, Municipality of Clarington, Township of Brock, Township of Scugog, Township of Uxbridge, and the Region of Durham. 1.5 DMIP's success over its 11 years has generated surplus funds since its formation in excess of $4.4 million, set aside to offset future insurance costs resulting from unstable insurance markets in the future or to provide the Pool with the financial resources to fund higher deductible levels. 2. 201//2012 INSURANCE CONTRACT RENEWAL 2.1 The DMIP has negotiated with the insurer to secure the broadest and most comprehensive coverage available to municipalities and includes such things as property coverage, liability coverages and various other policies. 2.2 The increase for the 2011/2012 premium year for Clarington's contribution to the DMIP to cover insurance costs and necessary contributions to claims reserves is $49,817 or a 6.8% increase. This compares favourably to insurance cost increases facing neighbouring municipalities and Regions in the GTA in the range of 10% to 30%. 15-2 REPORT NO.: FND-017-11 PAGE 3 2.3 The Board of Directors of the Durham Municipal Insurance Pool (of which Clarington sits as Chair), has placed coverage with the Frank Cowan Company for an integrated pooling arrangement. 3. BENEFITS OF AN INSURANCE POOL 3.1 The main components of the structure of the DMIP arrangement are summarized as follows: • Each municipality retains their respective current local deductibles ranging from $5,000 to $100,000 (Clarington's deductibles are primarily $25,000); • The Pool self insures losses between these local deductibles and a per claim limit of $500,000 (on a group basis) for integrated coverages; • Under this structure, local municipalities are responsible for funding losses from $0 to their individual deductible amounts; • Between these local municipal deductibles and the pooled retention limit of $500,000, the seven members share the cost on a collective basis; and • Excess of a $500,000 per claim loss, the members purchase insurance from municipal insurers for protection on a collective basis against catastrophic claim losses. 3.2 There are a number of benefits to participation in an insurance pool including: • Control over impact of premium increases from third party insurers. Since the premiums paid to insurers form less than one-third of the total contributions paid by participating municipalities, annual percentage increases by those third party insurers are spread over a much smaller premium cost. Average contribution increases for DMIP municipalities for insurance coverages over the last five years have been approximately 6%. Other municipalities have faced significantly higher increased costs over the same period. • Since the pool self-insures a majority of claims and there is a significant time lag before claims are paid, the interest earned by DMIP holding funds that would have been paid to insurance companies upfront through premiums to cover claim costs, is retained by the DMIP rather than the insurers earning this interest. 15-3 REPORT NO.: FND-017-11 PAGE 4 • Pool members have found that we can access risk management resources superior to those that individual municipalities could afford on their own. • The pool identifies legislative and regulatory issues affecting public entities and provides information to assist members in addressing such issues. • The pool provides significant education and professional support to pool members. • DMIP pool members avoid the unpredictable ups and downs of the traditional insurance markets as rates, coverages and services are based on DMIP exposures. • There is greater control by DMIP member municipalities in the area of administration, governance and claims. • Members share in investment income as well as equity. The current surplus of approximately $4.4 million has been set aside and will be available to offset any future premium increases or fund higher deductible levels or address claims reserves. • DMIP provides assistance and advice regarding practices and procedures aimed at reducing overall frequency of claims. There has been a marked reduction in the overall frequency of claims. • Member municipalities no longer pay for external adjusting fees for the majority of claims. Over the past five years, approximately 3,500 pool claims did not require external adjusting fees that would have been an estimated average cost of$300 per file. • DMIP and member municipalities have instituted a proactive claims reporting process. This has resulted in early investigation of claims and establishment of reserves and can then result in an early resolution, thereby reducing overall claim costs. • Risk management services result in loss control. 2010/2011 DMIP risk management services included presentations and seminars to staff of member municipalities (Non-Repair of Roads and Sidewalk Maintenance), contract wording reviews (liability transfers, hold harmless agreements, insurance clauses in leases etc), risk management software, and property valuations. These items come at a cost that would not normally be affordable for each individual municipality. 4. CONCLUSION 4.1 Risk pooling is a long-term management strategy. It is not a "quick fix" for insurance pricing problems. The full benefits of participation in a risk pool are not fully realized for several years. The DMIP has now been in existence for a -I 5._.4 REPORT NO.: FND-017-11 PAGE 5 sufficient period of time that these benefits are being realized on an annual basis. It is a long-term commitment. 4.2 The strong financial result from the Pool's first decade of operations provides the DMIP with financial flexibility to move forward to achieve its goals over the next planning period. The future success of a Pool is largely dependent upon the commitment of its members to support it on a long term basis. 4.3 For the 2011/2012 year the Durham Municipal Insurance Pool has been successful in obtaining a reasonable insurance placement with an overall impact that is extremely modest. Participation in the Durham Municipal Insurance Pool has provided a successful mechanism both to control insurance costs as well as promote risk management practices to reduce claims and protect against lawsuits. Therefore Clarington proceeded with the insurance placement in conjunction with the Durham Municipal Insurance Pool with the Frank Cowan Company, pursuant to our subscribers' agreement. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development X Maintaining financial stability _ Connecting Clarington _ Promoting green initiatives _ Investing in infrastructure _ Showcasing our community _ Not in conformity with Strategic Plan Staff Contact: Nancy Taylor, B.B.A., C.A., Director of Finance/Treasurer 15-5 Clarington REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution#: By-law#: Report#: FND-018-11 File#: Subject: FINANCIAL UPDATE AS AT JUNE 30, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-018-11 be received for information. Submitted by: /,&W Reviewed by: Fancy T ylor, 1�A, CA. Franklin Wu, Directo of Finance/ Chief Administrative Officer Treasurer NT/CC/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 15-6 REPORT NO.: FND-018-11 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 The financial update report has been designed to focus on overall budget variance reporting. The format and layout of this report is consistent with report FND-008-11 presented previously to Council. 2.0 SECOND QUARTER OF 2011 RESULTS 2.1 Attachment "A", The Summary of Operating Expenditures and Revenue statement compares the Municipality's budget to actual posted expenditures as of June 30, 2011. The statement reflects the Municipality's operating budget only and excludes year to date expenditures for the consolidated hall/arena boards. Net year to date expenditures to June 30, 2011 total $28,174,812 which represents 90.68% of the year to date budget as of the end of the second quarter. If this was measured against the total net operating budget for the 2011 year the percent of the operating budget expended to June 30th is 65.73%. This includes annual grants and debentures that occur at the beginning of the year. 2.2 Attachment "A" is intended to provide an indication of the status of the Municipality's operating accounts compared to the approved budget as at June 30, 2011. However, many departments are affected by high levels of activity during specific times of the year. For example, some activities are seasonal in nature, such as ice rentals and winter control which result in a fluctuation of the timing of recognition of revenue and expenses. The budget is allocated monthly based on the 2010 actual monthly distribution. In cases where there is no prior year history, the monthly budget allocation is divided equally over the 12 months. The Legal department allocation has been evenly distributed over the 12 months due to the lack of prior year history. While this is best method available to be reflective of seasonal trends, there may be some variations from year to year. Due to these timing differences, this statement cannot be used in isolation. 2.3 In general, the operating budget is overall on target. Some of the variances can be attributed to the timing differences in revenue and expenditures between 2010 and 2011. In comparing the second quarter only actual to budget the expenditures are 82.2% of the second quarter budget. When comparing the year to date budget as of June 30th, the expenditures are at 90.7% of the year to date budget. Both these percentages indicate that overall the expenditures are in-line with the 2011 budget. When looking at the total 2011 budget, the expenditures are at 65.7%, in part due to the annual grants and debentures occurring early in the year. 2.4 As noted above the Legal Department does not have a full year of historical reference for the 2011 budget dispersion. Therefore the equal monthly 15._7 REPORT NO.: FND-018-11 PAGE 3 allocation does not reflect the actual allocation. As of June 30th, the net Legal expenditures are 45.83% of the total 2011 budget. 2.5 The Non-Departmental revenues are slightly higher than the second quarter year to date budget. As in the first quarter, this is mainly due to the timing of the investment maturities. The 2010 maturities and interest earned do not necessarily match the 2011 maturities. 2.6 The Finance revenues are higher than the quarterly budget. This is due to the higher than budget amount of the fines and penalties on taxes. However, the second quarter year to date figures of 2011 ($859,165) is comparable to the 2010 second quarter year to date interest and penalties ($825,063). 2.7 The Emergency Services revenue has improved over the second quarter. The total year to date expenditures as of June 30th, represent 46.35% of the total 2011 budget. 2.8 The Operations Department revenue has improved over the second quarter but is still lower than budgeted. This is related to the first quarter budget notes — a decrease in entrance culvert fees and in the seniors' snow clearing fee. 2.9 The Operations Department year to date net expenditures is 60.82% of the total 2011 budget. The 2011 debenture payments have been posted in the general ledger. If the debenture payments are removed from the calculation, the Operations department year to date net expenditures are 50.4% of the total 2011 budget. 2.10 Community Services year to date expenditures as of June 30th are approximately. 88.9% of the 2011 budget as of June 30th. There is a slight decrease in some facility rentals which are being monitored by the Community Services Department. 2.11 The Planning Department revenues and expenditures vary from the second quarter budget. However the timing of the Planning activities are not necessarily seasonal and cannot always be predicted by the previous year's timing. As of June 30th, the Planning department net expenditures year to date are 54.88% of 2011 total budget. 2.12 Attachment "B", Continuity of Taxes Receivable for the six months ending June 30, 2011 provides the status of the taxes billed and collected by the Municipality of Clarington during the second quarter of 2011. A total of $30,655,363 in interim tax bills and $29,444,540 in final tax bills were issued to property owners in the Municipality during this period. At the end of June, a total of$15,079,785 15-8 REPORT NO.: FND-018-11 PAGE 4 remains unpaid. The net balance is $83,992 lower than the prior year at this time. The changes in collection processes and procedures implemented during 2009 and continued since that time have been successful in holding the line on the balance of taxes outstanding. The 2011 second quarter results reflect the continued success in 2011. 2.13 Attachment "C", Investments Outstanding as of June 30, 2011 provides the status of the Municipality's general, capital and reserve fund investment holdings at mid-year. The Municipality at June 30, 2011 holds $0 in general fund investments, $0 in capital fund investments and $36,305,385.40 in reserve fund investments to fund future commitments. General fund investments are short term in nature and timed to mature when funds will be required. Investments held in the Municipality's portfolio are reviewed on an ongoing basis to ensure they meet the requirements of Section 418 on the Ontario Municipal Act and the Municipality's investment policy. Currently, general fund investments are held in the Municipality's general bank account as the interest rate on the account is more favourable than money market instruments. The investments are unchanged from March 31, 2011. 2.14 Attachment "D", Debenture Repayment Schedule as of January 1, 2011 provides the status of the Municipality's long-term obligations. The Municipality has $29,504,357.59 in outstanding debt as of January 1, 2011 and debt repayment obligations of $$6,785,135.16 for 2011 as reflected in the 2011 budget. The annual principal and interest payments required to service these liabilities are well within the annual debt repayment limits prescribed by the Ministry of Municipal Affairs and Housing. This is unchanged from the first quarter report. 2.15 Attachment "E", Municipal Development Charges as of June 30, 2011 provides the total Municipal development charges collected of$5,544,688.88. In 2010 Development Charges Background Study, it was forecasted that the municipality would be collecting approximately 699 residential units total for 2011 or approximately 58 units per month. We are currently at 371 units mid-year. 2.16 Comparing the number of units issued in 2011 to 2010 in the second quarter, shows that in 2011 there was an increase of 11.4% in the number of units issued compared to 2010. In comparing the total dollars collected in 2011 to 2010, there was an increase of 24.9% in development charges collected. As per the 201.0 DC Background Study, there are 699 units forecasted for 2011. 3.0 CONCLUSION 3.1 The report is provided as information to Council. Ongoing reports will be provided quarterly. 15--9 REPORT NO.: FND-018-11 PAGE 5 CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development X Maintaining financial stability _ Connecting Clarington _ Promoting green initiatives Investing in infrastructure _ Showcasing our community _ Not in conformity with Strategic Plan Staff Contact: Nancy Taylor, B.B.A., C.A., Director of Finance/Treasurer Attachments: Attachment "A": Summary of Operating and Expenditure and Revenue Attachment "B": Continuity of Taxes Receivable Attachment "C": Investments Outstanding Attachment "D": Debenture Repayment Schedule Attachment "E": Municipal Development Charges 15-10 THE MUNICIPALITY OF CLARINGTON ATTACHMENT"A" SUMMARY OF OPERATING EXPENDITURES&REVENUES FOR THE THREE MONTHS ENDING JUNE 30,2011 --- 2011: 2011 Total Second.: Total 2011 %of Annual YTD Budget YTD Expended Quarterly Budget'Quarterly Actuals Total Budget Budget Spent JAN-JUNE: JAN-JUNE APR JUN: APR-JUNE 05 NON-DEPARTMENTAL ACCOUNTS Expenditures 175,500 167,500 201,022 83.32% Revenues/Recoveries(excluding taxes (2,007,592). (2,213,204) (9,849J613_)�, 23.23% (2,288,080) (1,970,735):: NetNon-Departmental (1,832,092). (2,120,580) (1.970,735): (2,213,204) (9,648,746) 21.98% 010 WAYOki COUNCIL Net office of the Mayor&Council 419,462! 385,470 223,867 185,258 819,607' 47.03% 13 ADMINISTRATOR'S OFFICE Net Office of the c4o 217,195: 223,424 119,887; 99,234 442,124 50.53% 14 LEGAL ADMIN ------------------- .......... Revenues/Recoveries (111,054):: (36,722) (73,527)i (25,389) (186,100), 19.73% Expenditures 264,371 190,794 136,462: 98,713 622,264: 36.53% Net Legal Adm(nistration __.. 153,317' 154,072 62,935.; 73,324 336,164 45.83% ........... 16 CORPORATE SERVICES ........... ------ Revenues/Recoveries (92,686): (100,222) (56,976); (51,863) (170,560); 58.76% Expenditures' 2,180,,7_66_j_ 1,939,344 1 021,178:. 9_36_,,7_6_2 49.39% Net Corporate Services 2,088,080; 1,839,122 964,202: 884,899 3,756,289 48.96% .......... 19 CLERK'S --Revenue/Recoveries (282,197); (239,681) (189,066) (130,572) (573,000) 41.83% --- --­- -----99,061 -----.._ 9,061 s 1,088,238 625,603 5 2,198,140• 49.51% Net Clerks 838,521! 436,537! 468,489 1,625,140 52.21% 21 FINANCE&UNCLASSIFIED ADMIN _kC_venuCiRCC,o_v,C'rJes (699,616): (1,042,348) (383,433), (567,531) (1,467,000)'.. 71.05% --bricia-s'sifi-e-d-A d-imin&-6o'a,rd-of Trade 1,158,134!1 -849,501 971,757:1 -1 636,505 1 1 88 9,4 44 11 44.96% Operating Expenditures 1,003,751: 993,391 544,292:. 478,538 1,952,778_, 50.87% Total Finance Expenditures 2,161,885; 1,842,892 1,516,0491 1,115,043 3,842,222 47.96% Net Finance 1,462,269: 800,544 1,132,616! 547,512 2,375,222 33.70% 28 EMERGENCY SERVICES-FiRE ........... ----------- Revenue/Recoveries (16,185): (12,023) (6,233) (8,621) (35,800) 33.58% Expenditures 4,616,998: 883w 2,287,059 8.998,173. 46.30% Net Emergency Services 4,600,813: 4,154,195 2,600,650 2,278,438 8,962,373 46.35% 32 ENGINEERING SERVICES iRevenue/Recoveries­ (863,572); (514,388) (631,949) (1,309,050): .70.93% ...--Expenditures 3,279,802: 3,056,833 ...--2,638,566: 2,387,421 4,769,854 64.09% Net Engineering Services 2,416,230:: 2,128,361 2,124,1784 1,755,472 3,460,804 61.50% ----------- 36 OPERATIONS Revenue/Recoveries (197,360): (117,228) (162,6 (100,609) (426,200) 27.51% I 16,pe.ra I t.1 ng-Expenditures 11- I I I 11 -6,367,766!-1 -- 6,338,397 3,610,913; 3,47910_25 12-,20-*- 4,3-17-- 51.94% ............­ Fleet&Debentures Payments 3,705,258. 3,404.622 0-,77-3 -1-8-0,021 4,049,319, 84.08% Total Operations Expenditures 10,073,024* 9,743,019 3,878,686: 3,659,046 16,253,636 59.94% ��Net Operations Department 9,875,664:: 9,625,791 3,716,668. 3,558,437 15,827,436 60.82% ........... 42 COMMUNITY SERVICES Revenue/Recoveries (2,325,i36)1 (21276,079) (773,785): (727,036) (4,427,080). 51.41% Operating Expenditures 4,606,4_261 3,974,519 2,499,725: 2,065,503 8,981,321 44.25% ............... Annual Grants&Debenture Payments 3,094,739.: 3,083,286 1,111 3,000 3,447,969 89.42% Total Expenditures 7,703,165. 7,057,805 2,500,836. 2,068,503 12,429,290 56.78% Net Communitly Services 5,377,929:; 4,781,726 1,727,051: 1,341,467 8,002,210 59,76% 50 PLANNING SERVICES Revenue/Recoveries (243,227): (363,515) (119.599). (293,787) (421,525) 86.24% 2,221,920 1,534,725: 1,440,573 3,807,949 58.35% Net Planning Services 1,943,985: 1,858,405 1,415,126i 1,146,786 3,386,424 54.88% BOARDS&AGENCIES Net Board and External Agenles 3,507,995: 3,495,725 1,068,184 1,065,568 3,521,596 99,27% TOTAL OPERATING:____ Revenue/Recoveries (6,838,725) (7,404,375) (4,249,760) (4,750,561) (18,866,083) 39.25% Expenditures 37,908,093 35,579,187 17,870,926 15,942,241 61,732,726 57.63% Net Operating 65.73% 31,069,368 28,174,812 13 42,866,643 15-11 ATTACHMENT "B" CORPORATION OF THE MUNICIPALITY OF CLARINGTON Continuity of Taxes Receivable for the Second Quarter of the Year 2011 March 31,2011 JUNE JUNE BEGINNING BALANCE INTEREST TAXES PAYMENTS/ 2011 2010 RECEIVABLE ADDED BILLED BALANCE ADJUST.*** CURRENT YEAR TAXES (4,374,912) 60,099,903 55,724,991 (47,392,561) 8,332,430 7,952,104 PENALTY AND INTEREST 24,291 173,280 197,571 102,229 95,342 107,427 FIRST PRIOR YEAR TAXES 5,197,002 5,197,002 (1,180,507) 4,016,496 4,043,003 PENALTY AND INTEREST 295,824 179,678 475,502 221,623 253,879 325,867 SECOND PRIOR YEAR TAXES 2,187,135 2,187,135 (673,002) 1,514,133 1,431,828 PENALTY AND INTEREST 190,896 73,990 264,885 151,102 113,783 166,929 THIRD&PRIOR YEARS TAXES 832,427 - 832,427 (240,729) 591,699 858,532 PENALTY AND INTEREST 221,125 26,958 248,083 (86,059) 162,024 278,087 SUB-TOTAL 4,573,788 426,947 60,099,903 64,879,514 49,961,753 15,079,785 15,163,777 PREPAID TAXES 4,374,912 - ITOTAL 1 8,948,700 1 426,947 1 60,099,903 1 64,879,514 (49,961,753)1 15,079,785 1 15,163,777 — Includes refunds,write-offs,357's,etc. NOTE 1: 2011 Interim Instalment months: February and April 2011 Final Instalment months: June and September for non-capped classes 15-12 CORPORATION OF MUNICIPALITY OF CLARINGTON ATTACHMENT"C" INVESTMENTS OUTSTANDING As at June 30, 2011 INVESTED I ISSUER OF COST OF INTEREST MATURITY MATURITY WITH JINVESTMENT INVESTMENT RATE DATE AMOUNT GENERALFUND TOTALGENERALFUND CAPITAL FUND TOTAL CAPITAL FUND RESERVE FUND RBC STEP UP GIC-RBC 945,000.00 2.00% 10-Sep-11 963,900.00 RBC GIC-BMO 1 2,221,742.00 4.30% 18-Sep-11 2,742,301.29 RBC STEP UP GIC-RBC 618,000.00 2.00% 25-Sep-1 1 630,360.00 (A) RBC STRIP BOND-PROV PQ 776,152.23 4.35% 01-Dec-11 986,467.00 RBC STRIP BOND-PROV ONTARIO 999,999.54 4.20% 02-Dec-11 1,244,090.00 RBC GIC-BMO 1,708,762.00 1.70% 07-Dec-11 1,737,810.95 RBC IGIC-RBC 2,000,000.00 1.65% 20-Dec-11 2,033 000.00 1 9,269,655.77 RBC GIC-RBC 2,000,000.00 4.05% 16-Mar-12 2,439,161.00 RBC GIC-BNS 5,100,000.00 2.00% 01-Oct-12 5,306,040.00 RBC BA-TD 1,471,061.00 4.80% 30-Oct-12 1,859,675.00 RBC STRIP BOND-PROV ONTAR10.1 699 779.86 2.50% 02-Dec-12 759 557.00 1 9,270,840.861 1 RBC BA-TD 1,503,357.00 4.80% 08-Jan-13 1,900,502.92 RBC GIC-BNS 1,546,695.00 4.50% 12-Feb-13 1,927,463.38 RBC GIC-BNS 599,161.00 4.35% 04-Mar-13 741,320.00 TD GIC-TD 1,009,028.00 4.45% 25-Mar-13 1,254,427.00 TD IGIC-TD 257,495.00 4.51% 13-May-13 321,039.00 RBC IGIC-BNS 1,371,861.00 3.00% 13-Jun-13 1,499,070.00 RBC IGIC-BNS 2,060,630.00 3.10% 30-Jul-13 2,328,277.00 RBC IGIC-RBC 946,770.00 4.40% 30-Sep-13 1,174,213.00 RBC IGIC-RBC 574,200.00 4.30% 15-Oct-13 598,890.60 (B) RBC IGIC-BNS 1,338, 42.001 4.15% 16-Dec-13 1,640,564.30 RBC IGIC-BMO 2,476 430.00 2.10% 20-Dec-12 2,581,532.17 1 13,684,369,001 RBC GIC-BMO 1,000,000.00 2.75% 09-Mar-14 1 1,084,790.00 RBC STRIP BOND-PROV ONTARIO 999,807.77 3.35%0 02-Dec-14 1 1,191,382.00 RBC GIC-BMO 1,000,000.00 2.60% 08-Dec-14 1,108,857.05 (C) 2,999,807.77 RBC IGIC-RBC 1 1,081,162.00 3.00% 09-Mar-15 _1 216,857.00 1,081,162.001 1 TOTAL INVESTMENTS 1 36,305,835.40 41,271,547.66 Note that interest on GICs is annual compunding with the exception of the following. (A) Interest is paid semi-annually (B) Interest is paid annually (C) Interest is semi-annual compounding 15-13 p lD t.0 ri ri (D lD %-+ (D m co 00 rn 0) m m r-i �o It VH d i m Cr) Lr) m Lri ri ri Ti �.6 r4 4 00 rn ai r-� to r--: m z m H Tr r- N 00 LO rl N It 00 � r- Ol LLI 1-t r-1 cl lfl lzl� 00 Lf; N c-1 d^ N � Ili Ln Lf) O r� d' Ln Lr) (.0 00 H lD 00 c) d' O) 00 m N Ln (M 0) Ql d 0) an d O O c-i r� LO m r- 0) 0) a1 d' 00 r- H r- Ln (14 a m L 6 00 N m ri c-i rI N c-i rl N Ln Ol Ln 'O m N N 00 a °) O O V) Lf) o o LO O Ln o O o O O o O V) N N O to N in r� O O O O O 00 Ql N r-� ri 4 r4 Ln Ln 4 Lf) O C6 O O � Ti (14 LD O r- m 00 m Lf) r� Ln Tr O O m a) � m m c i lD N (14 l0 O m r- Lf) O O Lf) 00 c-I m d` Lf) Lf d` 0) F l 6 00 cr UU r" r" 00 00 00 00 00 00 00 N Q) lD Ln O O t� n r� r� lD O n d d 60- N O r-1 ri rl rl r I H ri H H ri (14 m Lr) tai (D r0) C z Q lrj O 00 W 00 00 00 00 W 00 d O O 0') : rn rn rn rn d d d rn m o 0 G U) d d N O r- Ln ct n Oi O O (D U) lD O d• 00 r� rl m O d' O O co a) N m O d' lD Ln H Ln O O O + m m d' m m m mz lfl N Lx G CA U 0 0 0 0 0 0 0 Ln 00 r- ri 00 -o :3 f6 H H rH Tr -1 rI H Ln N Ql 0) � O = Lo N .Q rl Ln a) Z J T Q o 41 00 00 00 00 00 00 w 00 00 00 d' G) O) U lD to lD lD l.D LD lD l0 lfl lD rn r♦ Lf) rn a) N Z3 U) r, r� rl r- r, r- m co m LO -a O O O O O O o 0 0 0 Ln N m Ln a� I � rl r� r, r- � r- r- rn d r-1 T a) O o 0 0 0 0 0 0 0 0 Ln N I'D rn Z (� U) c1 H H H H H Tr H H TI H 00 r- '- D � 2i ~ c ro(D � o aa)) 0 0 0 o O o O cn Z_ 0 0 0 0 0 0 0 u) v lfl r� r� Ln Ln o o ) o "- U m r� N H Lf) O O O) L a) O a) lfl an d O O O O 'D n O � L U O o m m m L.o m N O L m m m r� m TH a� LL _0 C) rl N N N O = J r — O � O O O O U) 5 a) a) a >' 0000 0000 °o ro Q lD a) a) O I_- N Lf1 N 00 n.U U N N O = _ c T U u 'O Z Q m ro L CD cu L Q) a) >. C) m - O O O O cu O Q to Lli a) O O O O O j U Lf O O U m N LO m co a) = = O d d' 0 O NO C) -C 0) = N O C LL ) 00 O O O O O 0) r — -0 E ?� N v CU N rr Ln Ql O C O O z O rZ TI lD [\ lD Ln vL O O C) Q (n Q tB +- T a) L O ..Q O m d' LO (D r-- 00 0) O + T U N m T T CD T 0 T N T N M O O O O O O O O O O O N O N N N N N N N N N N N N O O O 0 T � L •-�cx 15-14 ATTACHEMENT"E" MUNICIPAL DEVELOPMENT CHARGES MONTH OF JUNE 2011 2010 MUNICIPAL NUMBER MUNICIPAL NUMBER %CHANGE OF UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2010-2009 Single/Semi- Detached -New construction $ 876,960.00 61 $ 758,175.00 57 -Additions $ - 0 $ - 0 Townhouse $ 534,702.00 42 $ 228,532.00 19 Apartment $ - 0 $ - 0 Commercial $ 302,485.77 6 $ 28,209.42 2 Agricultural $ - 0 $ - 0 Government $ - 0 $ _ 0 Institutional $ - 0 $ - 0 Industrial $ - 1 $ - 0 TOTAL $ 1,714,147.77 110 $ 1,014,916.42 78 68.90/1 MUNICIPAL DEVELOPMENT CHARGES JANUARY TO JUNE-YEAR TO DATE 2011 2010 MUNICIPAL NUMBER MUNICIPAL NUMBER %CHANGE OF UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2009-2008 Single/Semi- Detached -New construction $ 3,959,990.00 276 $ 3,515,175.00 260 -Additions $ - 0 $ - 0 Townhouse $ 1,069,404.00 84 $ 685,596.00 57 Apartment $ - 0 $ 133,968.00 12 Commercial $ 515,294.88 9 $ 103,637.87 4 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 1 $ - 0 Industrial $ - 1 $ - 0 TOTAL $ 5,544,688.88 371 $ 4,438,376.87 333 2 4.9% • MEMO Leading the Way CLERIC'S DEPARTMENT To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: September 9, 2011 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — SEPTEMBER 12, 2011 — UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, September 12, 2011: 6. DELEGATIONS See attached Final List. (Attachment#1) 13. MUNICIPAL CLERK'S DEPARTMENT (d) Attached please find replacement pages for pages three to five of Report CLD-024-11. (Attachment#2) 14. CORPORATE SERVICES DEPARTMENT (a) Attached please find a replacement page for page two of Report COD-027-11. (Attachment#3) 20. COMMUNICATIONS (a) Memo from the Director of Planning Services Department, Regarding the Proposed Official Plan and Zoning By-Law Amendment to Permit Commercial Use Applicant: N9qcastle (King) Developments Inc. Att h ` Oi'e G entree, DeVuty Clerk AG/jeg cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: September 12, 2011 (a) Cathy Clarke, Regarding Report PSD-072-11, Expiry Dates for Draft Approval of Plans of Subdivision (b) Kim McDonald, Regarding Pigeons as Governed by Exotic Pet By-law (c) Jim Richards, Regarding Energy from Waste and Council's Lack of Action (d) Anne Marie Marchetti, Regarding Report PSD-072-11, Expiry Dates for Draft Approval of Plans of Subdivision (18T-95030) (e) Derek Hannan, Regarding Report PSD-071-11, Proposed Official Plan and Zoning By-Law Amendment to Permit Commercial Use Applicant: Newcastle (King) Developments Inc. (f) Allan Kirby, Regarding Report PSD-071-11, Proposed Official Plan and Zoning By-Law Amendment to Permit Commercial Use Applicant:* Newcastle (King) Developments Inc. (g) Terra Mucci, Regarding Report PSD-071-11, Proposed Official Plan and Zoning By-Law Amendment to Permit Commercial Use Applicant: Newcastle (King) Developments Inc. (h) Bruce Blight, Regarding Report CLD-024-11, Results of Mediation Meeting — Shooting Club Noise (i) Nancy Wilson, Regarding Report CLD-024-11, Results of Mediation Meeting — Shooting Club Noise ATiACNMENT TO REPORT NO.: CLD-024-11 m PAGE 3 M094- �2P� According to the representative, studies conducted by the National Association of Shooting Ranges have shown that the berms will decrease the noise levels by approximately 10 decibels. In addition, they will be installing noise baffles around the pistol range itself and in the area of the targets to absorb some of the sound at its source. Several residents voiced the concern that the 70 decibel level that was established by By-law 2011-068 is too high and want it reduced to 50 decibels. There is a new draft guideline in the preparation stage at the Ministry of the Environment which, if left unchanged, would recommend a noise level of 50 decibels irrespective of when a gun club or shooting range first operated. This document entitled NPC-300 is a draft document only and, if approved, would form part of the Provincial Guidelines. As such, it is not enforceable legislation. It is only a guideline, as NPC-232 currently is, which can be considered by municipalities when making land use planning decisions and/or regulating noise limits through noise by-laws. A concern was raised about the frequency of shooting on the range. It was felt by several residents that if the range was going to be allowed legal non-conforming status then the members have to abide by the terms and use of the range as it was first established, that being shooting only twice each week. This view is not correct. Legal non-conforming status speaks only to the land use, not the hours or days of operation. The Orono Fish and Hunt Club existed at its' current location prior to the enacting of the first Clarke Township Zoning By-law, therefore it has a right to continue operation. Zoning regulations do not speak to frequency, intensity of use or times of operation, simply whether or not the use is permitted on the land. The clubs indicated that they are open to having their sound levels monitored and would also like to conduct independent monitoring on the neighbouring properties to determine the effectiveness of their efforts. Also, the Orono club advised that they would address the matter of reducing the hours of operation with their Board of Directors and perhaps shorten the times available to the enforcement agencies. All parties agreed that, in the case of the Orono Fish and Hunt club a firm schedule of use would be most helpful to the area residents so that they can plan their activities around the use of the range and thereby minimize the impact on their lives. At the conclusion of the meeting several of the residents stayed behind to talk privately with the Orono representatives. A schedule will be drawn up of all Orono's shooting activities for the year and made available to the local residents. CONCURRENCE This Report has been reviewed by Nancy Taylor, Director of Finance/Treasurer and Andrew Allison, Municipal Solicitor, who concur with the recommendations. REPORT NO.: CLD-024-11 PAGE 4 CONCLUSION Ms Hazlett Parker prepared a report for staff on the meeting, In her conclusion Ms Hazlett Parker stated: "After lengthy discussions and statements made by everyone present, who wished to be heard, a number of agreements were reached. They include the following: 1. Neighbouring residents of the Orono Fish and Hunt Club will allow Gun Club members onto their properties to conduct sound tests. They agreed that after the meeting they would exchange conta-ct information so that this could be organized directly. 2. The Orono Fish and Hunt Club will give advance notice of special events to nearby residents as far in advance as possible. 3. The Orono Fish and Hunt Club is in the process of acquiring a properly calibrated sound meter from Cameco, which they will use under various weather conditions, to take sound reading. 4. The Representative for the Orono Fish and Hunt Club would take to his Board the possibility of reducing the hours of operation of the Orono Fish and Hunt Club." The process of purchasing the abandoned road allowance is proceeding through the Engineering Services Department as per Municipal procedure. A report to that effect is being considered by the General Purpose and Administration Committee on September 12, 2011. It is staff's opinion that the meeting and the use of an independent mediator were helpful in bringing both sides together and will lead to better relations and a general improvement for all concerned. With regard to the noise levels at the range, staff have contacted Swallow Acoustic Consultants Ltd. to arrange for them to conduct sound monitoring in the area when the range is in use. This will provide staff with a baseline for measuring the current noise levels and the effects of any future work done by the club to reduce the noise. The cost of the sound monitoring is estimated at $5,800 and will require a few weeks to complete. The Municipal Law Enforcement Division is prepared to retain the firm to conduct the monitoring however the cost exceeds the funds currently available in the Division's Operating Budget. Staff are therefore seeking approval for this expense. CONFORMITY WITH STRATEGIC PLAN — Not applicable STAFF CONTACT: Len Creamer, Manager, Municipal Law Enforcement REPORT NO.: CLD-024-11 PAGE 5 LIST OF INTERESTED PARTIES TO DE ADVISED OF COUNCIL'S DECISION Ard Neiman Resident Ron Alldred Orono Fish & Hunt Club Tony Bernardo Orono Fish & Hunt Club John Baker The Marksmen Club of Oshawa Karen McArthur Resident Nancy Wilson Resident Alan Risebrough Resident Elizabeth Macleod Resident Bruce Blight Resident Rick Roddy President Orono Fish & Hunt Club Brady Hooker Vice-President Orono Fish & Hunt Club Kelly Adams Resident Steve Cody RCMP Shelly Richards Resident Lynne Richards Resident Sue Richards Resident Ron Kirst CP Rail Police Tammy Gould Resident Paul Young Union Rod and Gun Club Hank Krawczyk Chief Firearms Office ATTACHMENT# Le-KfOR REPORT NO.: COD-027-11 PAGE 2 1. BACKGROUND 1.1 During periods when Council is in recess provision has been made for the approval of contract awards in order to continue with business as usual. During the summer recess of 2011 there were two occasions that would normally necessitate a report to Council. 2 COMMENTS . 2.1 In accordance with Purchasing By-law 2010-112, Part 2, Section 67, the following contracts were awarded during the Council Recess. Q2011-23, Supply & Delivery of One (1) Chevrolet Caprice 9C1 with Police Package Electrical Wiring CL2011-7, Bowmanville Creek Erosion Protection — Extension of Contract to include Brookhill Tributary Remedial Work A copy of the recommending Report Memos for the above noted projects are attached as Schedule "A" and "B" respectively. 2. CONCURRENCE Not applicable 3. CONCLUSION The actions taken by Staff as documented in the attached Report Memos be provided for Councils information. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Jerry Barber, Purchasing Manager Attachments: Attachment 1 - Report Memo Re: Q2011-23, Supply & Delivery of One (1) Chevrolet Caprice Attachment 2 - Report Memo Re: CL2011-7, Bowmanville Creek Erosion Protection — Contract Extension List of interested parties to be advised of Council's decision: Not Applicable ® ATTACHMENT# / MEMOLeading the Way TO: Mayor and Members of Council FROM: David J. Crome, MCIP, RPP, Director of Planning Services Department DATE: 9 September 2011 RE: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT COMMERCIAL USE APPLICANT: NEWCASTLE (KING) DEVELOPMENTS INC. FILE NO.: COPA 2011-0002 AND ZBA 2011-0007 Mrs. Wylma Allin is an elderly resident interested in the above noted subject. She is unable to arrange transportation to attend the General Purpose and Administration Committee meeting. Her comments which have been taken over the telephone on Thursday, September 8, 2011 by Ruth Porras, Sr. Planner are attached hereto. David J. Crome, MCIP, RPP Director, Planning Services Department /df Attachment CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 Notes from Mrs. Wylma Allin, 58 North Street regarding the Official Plan Amendment 2011-0002 and Zoning By-law Amendment 2011-0007 on September 8 , 2011. ® One of my many concerns is regarding lights at the corner of 118 King Street West and North Street. As I was getting my mail one day the school bus stopped beside me to let off students. The cars turning from King Street onto.North Street were lined up behind the bus right until the driving portion of King Street. Behind the bus there was no place for them to go. I thought there was an accident ready to happen. Please consider the increase in traffic if this plaza is approved. Please we need (traffic) lights for the safety of our residents. ® The other concern I have is about a beautiful red maple tree that is on the lot of 37 North Street. If there is enough space could it be saved? I measured the distance from the trunk of the tree to the edge of the gravel on the north side of the present roadway into the 37 North Street and the veterinary clinic is about 28 feet. I hope it would be possible to consider saving this tree." Dictated over the telephone to Ruth Porras, Sr. Planner, Community Planning Branch by Mrs. Wylma Allin HANDOUTS PRESENTATIONS DURHAM REGIONAL INTEROPERABILITY Next Generation Common Communication Platform NEXT (3EN Next Generation Common Communications Platform General Purpose & Administration Committee- September 12th, 2011 DURHAM REGIONAL INTEROPERABILITY ` Next Generation Common Communication Platform NEXTGEN V Region requirement to replace existing system by 2014 Durham Regional Police and Region Durham Emergency Management Office Regional Works Social Services Department Durham Transit (2016) ` EMS (If released by the Province in the future) Requirement for Region Wide Coverage Primary Infrastructure Cost " DRPS — 70% Region — 30% Partnership with OPG ( (A' DURHAM REGIONAL INTEROPERABILITY A Next Generation Common Communication Platform NEXTGEN Southern Fire Services (5) All currently share a Public Safety Grade System The existing system hardware and software will no longer be manufactured or supported by Motorola and will require replacement by 2014 Northern Fire Services Brock, Scugog and Uxbridge On the Ontario Government FleetNet system Northern and Southern Fire Services systems are not interoperable DURHAM REGIONAL INTEROPERABILITY Am\' Next Generation Common Communication Platform NEXTGEN Proposed 0 Share a Common Infrastructure (NextGen platform ) DRPS All Regional Departments except EMS All Fire Services (8) Available to all Municipal Departments e.g . Works Joint Operational Governance of the System Sharing of annual system sustainment costs Each User Group responsible for own gear Mobiles, Portables, Station Alerting , Paging , Voice Recording etc. DURHAM REGIONAL INTEROPERABILITY �\ Next Generation Common Communication Platform NEXTGEN Advantages Taxpayers support only one system with infrastructure funded by the Region Public Safety Grade advantages for all High Reliability Redundancy Region-wide coverage P-25 Compliant Security - Encryption when required Wide range of user gear available .A User types / price points ( Y ) DURHAM REGIONAL INTEROPERABILITY /. Next Generation Common Communication Platform NEXTGEN A Public Safety Communications Interoperability Project *^ Communication Interoperability Ability for those agencies on the system to communicate directly Improved coordination during multi-agency response Day to Day Major Incidents Regional Wide Emergency Management "' Emergency Services in Durham will be able to communicate directly with neighbouring municipalities Emergency Service(s) DURHAM REGIONAL INTEROPERA BILITY //V Next Generation Common Communication Platform Progress to Date 7 1 Determined Requirements y On-Line User Surveys Stakeholder Workshops - Operational Needs Completed for all user groups Regional Interoperability Workshop Joint Stakeholder Workshop Requirements for creation of the Regional Communications Interoperability Plan 13 — Action Plans DURHAM REGIONAL INTEROPERABILITY A,\, Next Generation Common Communication Platform Progress to Date v, Procurement — Region of Durham Technical Consultants brought on board Technical Working Group — Technical Specifics Technical Requirements Workshop — September 12th Finalization of RFP Technical Specifications RFPQ issued and closed September 6th T Pickups — 31 Currently Under Evaluation by joint evaluation team RFP Release date expected October 18 , 2011 Expected Closing — November 29, 2011 Contract Award — March 2012 DURHAM REGIONAL INTEROPERABILITY !' , Next Generation Common Communication Platform Cost Capital infrastructure funded by Region Partners buy / re-use / upgrade own User Gear Benefit of larger buying cooperative Annual System Operation / Maintenance (O&M ) Administration/Insurance/Maintenance etc. Divided proportionally amongst partners Based on Partner's User Gear ` MOU similar to existing Fire Services arrangement Joint Management Team approach Total O&M expected to be approximately 1 . 5 M/yr 3.97% 0.95% 1.29% 0 •DRPS •Ajax FS Brock FS Clarington FS Oshawa FS Pickering FS Scugog FS Uxbridge FS Whitby FS Category 1 Public Safety Agencies only are shown — Actual % of O&M will be less 0 v Status Quo Vs NextGen $3,500,000 $3,000,000 $2,500,000 -- $2,000,000 $1,500,000 $1,000,000 $500,000 $0 Infrastructure Renewal Equipment Annual 0&M Total 2014 m NextGen $0 $610,819 *$103,130 $713,949 ■Status Quo $2,000,000 $610,819 $100,000 $2,710,819 'Based on Public Safety Users Only—Actual O&M Costs May be Less DURHAM REGIONAL INTEROPERABILITY AA Next Generation Common Communication Platform NEXTGEN Questions and Answers d's T- ucrEar he Port Granby Long-Term Low,,rLevel Radioactive Waste Management Municipal Peer Review Team Intervention - Presentation to the Municipality of Clarington By Dave Hardy, Principal Hardy Stevenson and Associates Limited September 12, 2011 ff LSATND R D Y ENSON SSOCIATES 3 F d's T- ucrEar he Port Granby Long-Term Low,,rLevel Radioactive Waste Management Municipal Peer Review Team Intervention - Presentation to the Municipality of Clarington By Dave Hardy, Principal Hardy Stevenson and Associates Limited September 12, 2011 ff LSATND R D Y ENSON SSOCIATES s . January February March April S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 4 5 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 II 12 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 II 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19 10 II 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 27 28 29 30 31 24 25 26 27 28 29 30 30 31 May June July August S M W T F S S M T W T F S S M T W T F S S M T W T F S s I ? 2 3� 5 6 7 12 4 12 _ I 2 4 5 i _ 9 10 ([D 12 13 (o S ILUDI 1 l- 3' 4 5 ) 7 8 (9 , 7^ 8 9 II 12 13b 16 17 19 20 21 !� 5 ? PSI' dl I f 12 15,' 15 16 1�1 18 l92 � f2 !22 28 2 21 23 24 b 18 I 1b 22 23 �.1�'� 22 23 ' 25 26 27 C4 30 31 1 27 28 30 4� 25 26 28 293 dZ8> 29 30 31 /err n, `6:S u September October November December S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 1 2 3 4 5 1 2 3 4� 5 6 0 8 9 elite 2 3 4 5 6 7 8 6 7 8 9 10 II 12 4 5 6 7 8 9 10 Q: 12 13 14 15 16 17 9 10 II 12 13 14 15 13 14 15 16 17 18 19 II 12 13 14 15 16 17 ii 19 20 2 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 � 5? 26 27 8 29 30 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 0 SOWU ► p U N S '4'0V%4-ED 9i4voTt OCT Mos r � ,. f� !•- s�{a a ��p i5-ctt�sDuu6Dtiou0 r t ic energy"Ofhnax ' 'ed's uc ar Port Granby Long-Term Low-Level Radioactive Waste Management Municipal Peer Review Team Intervention - Presentation to the Municipality of Clarington By Dave Hardy, Principal Hardy Stevenson and Associates Limited September 12, 2011 rAJIDUMSECOV301� Purpose ■ To provide the comments and recommendations of Clarington's Municipal Peer Review Team (MPRT) on Atomic Energy of Canada Limited's (AECL) Application for a Waste Nuclear Substance Licence (WNSL) for the Port Granby Long-Term Low-Level Radioactive Waste Management Project. Port Granby Project ■ Historic LLRW and MCS will be remediated by placing the wastes in a new, engineered long-term storage mound. ■ 204,000 m3 of historic LLRW and 101,000 m3 of MCS will be moved to the new facility. ■ Maintenance and monitoring of the facility for hundreds of years. Port Hope Area Initiative ( PHAI) • Led by Atomic Energy Canada Limited's (AECL) Port Hope Area Initiative Management Office (PHAIM MO). • Community based program for the development and implementation of the long term management solution for the historic and LLW in Port Hope and Clarington. • Clarington and Port Hope signed the Legal Agreement with NRCan and the Government of Canada in 2001 . 1i � r li Ri HARD Y STEVENSCJN Port Granby Project Study Area AND ASS()CIATFS Contamminant Concentrations at Contaminant Unit LLRW MCS Radium 226 Bq/g 348 1 Uranium ppm 73,000 37 Thorium 230 Bq/g 4,952 5 Thorium 232 ppm 7,600 10 Fluoride ppm 220 6 Cobalt ppm 13,457 55 Lead ppm 9,551 45 Arsenic ppm 36,100 121 1 f Ilk • Clean Up Critermia Contaminant Unit Clean Up Criteria Radium 226 Bq/g 0.24 - 0.92 Uranium ppm 35 - 76 Thorium 230 Bq/g 1.11 - 4.62 Thorium 232 ppm 0.103 — 0.343 Fluoride ppm 2000 Cobalt ppm 40 - 80 Lead ppm 200 - 1000 Arsenic ppm 20 - 40 1 f • Three Project Phases Phase I - The transition phase is expected to take approximately three years. It involves: — Possession and management of the nuclear substances. Phase II - The implementation phase is expected to take up to seven years. It involves: — Construction of the LTWMF; — Integration of the waste from the Port Granby WMF; and — Remediation of Port Granby WMF. Phase III - The post-closure phase: — Involving long-term monitoring and maintenance of the LTWMF. Licensing Process • The CNSC can grant a WNSL for the Port Granby Project. • The WNSL will address all aspects of the Project, including site preparation, construction, operation, decommissioning and abandonment of the Port Granby Waste Management Facility and transportation to the LTWMF. • The applicant for the licence, on behalf of Canada, is AECL. Licensing Application The License Application provides the CNSC's summary of AECL's qualifications including: — An overview of licensing process; — Overall conclusions and overall recommendations; — General discussion pertaining to the safety and control areas; and — Discussion about other matters of regulatory interest. ■ We agree with the CNSC staff conclusion that AECL is qualified to carry out the activities that the license will authorize. Licensing Manual Licensing Manual summarizes the work that the AECL has completed for the licensing process: — The nature of the work to be performed; — Communications programs; — Safety (radiological and conventional); — Radiation, radioactive material transportation and environmental protection programs; — Security and emergency management programs; — Training; and — Quality assurance measures planned for implementation. Peer Revmiew Process MPRT Member Area of Expertise Organization Janice Szwarz Municipal Staff Lead Municipality of Clarington Dave Hardy and Socio-Economic Impact HSAL Danya AI-Haydari Assessment, Environmental Planning, Land-use Planning and Policy Eric Tuson Civil Engineering The Municipal Infrastructure Group Ltd. Paul Bowen Hydrogeology Terraprobe Dr. Tony van der Vooren, PhD Atmospheric Science AMEC Dr. Robert Murphy, PhD Health Physics Eberline Services Chris Ellingwood Biology Niblett Environmental Associates Inc. Milo Sturm Coastal Engineering Shoreplan Engineering Limited Dr. Murray Finkelstein, PhD, Medical Doctor and Medical professional M.D. Epidemiologist Peer Review Methodology The following sample questions reflect the MPRT methodology: • Is the purpose of the work clearly stated? • Have cumulative effects been thoroughly understood? • Are certainties and uncertainties of the studies openly and objectively stated? • Are the conclusions supported by the data and research undertaken? • Will the mitigation measures function to address effects over the life of the project? Methodology Cont. • Are there gaps arising from the MPRT's examination of the issues? • Are there areas where the MPRT and PHAI MO consultants completely disagree? • Are there Federal, Provincial and local standards, regulations and guidelines that are overlooked? • What is the MPRT recommendation to the Municipality of Clarington? Peer Review Activities to Date ■ Review of all technical support documentation. ■ Involvement in community discussion groups and end use meetings with local residents as well as the PHAI M0. ■ Comment on the detailed design drawings and specifications at the 33 percent, 66 percent, 99 percent and 100 percent stages. ■ We have concluded that the PHAI MO has satisfactorily addressed the issues arising. Document Detailed Design Remediation Verification PHAI Radioactive Material Description Report Procedure Transportation (RAM) Plan Water Treatment Definition Detailed Design EA Follow-up Plan Description Report and Addendum Clean Up Criteria PHAI Radiation Protection EA Follow-up Socio- Plan Economic Effects Monitoring Plan Remediation Verification PHAI Occupational Safety Dust Management Procedure and Health Requirements and Plan PHAI Quality Assurance Environmental Detailed Design Plan Management and Specifications Protection Plan PHAI Training Plan Environmental Protection Detailed Design Drawings Plan EA Follow-up Biophysical PHAI Emergency Plan Detailed Design Reports Effects Monitoring Plan Environmental Monitoring PHAI Security Plan EASR Plan . , 0 HARD Y STEV ENSON -m- m.1plipw color Overview of the Issues AIVD ASSC)CIATFS Hydrogeology Enhanced facility design: • The MPRT identified opportunities to strengthen the design and provide greater redundancy toward protecting the natural till deposit at the site. • The PHAI MO developed an enhanced facility design that utilizes a capillary barrier and drainage system as part of the cover system. • The detailed design documentation reflects the revised facility design and we are satisfied with the integrity of the mound as depicted in the specifications and drawings. ORIGINAL CAP DESIGN COMPONENTS VEGE=ATION r�-r.++'r--r.-.vr-rvrr..rrr.++ T 0.3ro'-TICK TC-nSCAL I.2rn THCX GRADING FILL ILOCAL TILL SOIL} 1+I010+EWOVEN GEMXTILE FILTER 0,5m THICK INTRUSION BARRJ ER(50Prrn STONE) CAPILLARY BARRIER SYSTEM 0-3m THCX MEDIUM 70 CAE .. ,y.. �. '� .•:,�'� SAND CIJSFIFCJIW'DRAINAGE LAVER €i1E TO MENUM SILTY SAND W17H SOME CLAY ; (CAPILLARY LAYER) 1 019(11.5m)TPC>t LINEAR LOW DENSITY t 3 FOLYEfHYLEAE GEOMEMBRAPE LINER ;rEDILM TD COARSE SAND NTH GRAVEL P;CAPILii.,ARY EREAfS L4YERj _ �,4 a. ,, .• yy�y�: faEOS'YNTHETIC CLAY LINER e o � Ir,ITERIMLOVER LO::AL TILL SAIL;,, •� 4'r- #� #r- tr- 4s- 4r— #r- #r kr- kr #r- wr— #r 4r. #r- # S •F� •F1 •AS =Fi X45 •4� -iS •F� •k5 =4S F� r4 �k5 •FS •FS .� r.� r,� y � r., r.aP�.+kr,� � Kr, . r., r,ar..► ..� r,wr,• � Rc .�c .Fti .rc -4c ,F .t .ti .�c .kc -f rS .rc .rc .F .-'S 'AASTEFI!L M.+ 0. P.w �'.w W, M. M.w ��.� 1.+, R.w /�w ►. '+.� r.� r.w y, }r, r' 4J. 4J. rt f'c .rc .r5 -r< -.S _Prti Hydrogeology Cont. Flushing : • The MPRT assessed the design for the long-term remediation of the existing WMF through flushing groundwater contaminants. • Following discussions with PHAI M0, the MPRT is satisfied with contaminant levels following clean-up and the time requirements for flushing considering that the site will not be used for residential uses. East and W z—^ h La kcshom Road VYzei!r Trealrreeni C&Mll4L P ME34U � �f U1 ` t NOR • Natural Environment ■ The MPRT looked carefully at effects on flora and fauna, potential effects on streams and wildlife corridors, the preservation and restoration of vegetation and the protection of Port Granby Creek. ■ We concluded that the LTWMF and remediation plans have provided satisfactory provisions for the monitoring and mitigation of effects on the natural environment. ii A 1a. HARD Y STEVENSCJN Port Granby Features AND ASS()CIATFS SOCIOMEconomic Environment ■ Quality of life of the local community to be maintained over the construction and operation phases. ■ The MPRT recommended the adoption of impact avoidance programs and measures as a first priority. ■ We conclude that with appropriate mitigation measures and follow-up monitoring, the LTWMF Project will not cause significant socio-economic effects. Port Granby Discussion Group W, Dust Management • Dust should not be detected beyond the site fence line and consequently should not be leaving the site. • We have reviewed the Dust Management Plan. • Exclusion zone system has been replaced by a trigger' system. Prevailing Work site perimeter wind direct on � Work Actual area wwind direction Preva ling tivind direct on Site Dust Monitorming AECLM PCM H A R D Y STEVENSCJN AND ASSOCIATES Human Health and Safety • Radiation protection has been a key concern for the MPRT as it pertains to the EASR, background documentation and the detailed design documentation. • We obtained and reviewed the Radiation Protection Plan (licensing document) and concluded that it satisfactorily addresses radiation protection. Radiation on on n w� 1 f . I Transportation • The MPRT reviewed the project's requirements to upgrade some municipal roads to be used as haul routes and the implication for community and municipal interests. • The MPRT (and Municipality of Clarington) worked with the PHAI MO on a resolution to these issues and we are confident they can be resolved. lay rnwnr. a.riir. W.uv.wd i.�eM. fiuida�a Lakeshore Road Douala Arch Uade Asa ,i lwwh . ak �Sma+an�Fiw wing W#Y j — k`•, SRetainirrg Wa11 Northbound SauthiYOUnd •,� '• Waste Haulage Wdsie Haulaga r �,.• •'•"� Yehic4es l#ull Yehitles femptyl '� mss#_ iiPOrfwroAi�i�i�rMct r�w�rwl���llrc�awrre<+�rm+rtMN�rrW .�M`� dA rr r� o� r� To Propvrd Leeq Lmn wsrte M�n�igenront LofsiRinq facdrq verAVMu�r�gcpowdrdiwu rrwr*re.dlJrrlrwaaMa.r4va*ro Prntfirm6r �>tens<.rbwW.dior Wasle ..64nagement Lakeshore Road Underpass FacaYtp Conclusions • Since 2002, the MPRT has provided thousands of comments to PHAI MO on the design, construction, management and long term operation of the Port Granby Project. • The MPRT agrees with the CNSC staff conclusion that AECL is qualified to manage the LTWMF and complete the activities that will be authorized by the licence. • We are presenting this conclusion at the CNSC hearing on Sept. 27, 2011 . Application By: 672003 Ontario ink0 0 imited (Adalan Develo ment) wA�� a P ja .4 To redesig iiate the property to permit a medium density residential development File No.: COPA2011 -0005 WEST TOWN CENTRE BOUNDARY MEDIUM DENSrtY A.ESI DENTAL FROM COMMUNITY FACILITY TO Li LOW RISE HIGH DENS[TY MEDIUM DENSITY RESIDENTIAL [':°:.....3 RESIDENTIAL. MID RISE HIGH DENSITY +� RESIDENTIAL `-- s � STREET—RELATED COMMERCIAL m ., FUTUaC ERCCL 80tl"AROG OFFICE COMMERCIAL ,: —L+ GENERAL COMMERCIAL .;, ..� - COMMUNITY FACILITY N "4 LP COMMUNITY PARK cP .Nf NEIGHBOURHOOD PARK w` 5TEVD Po ENVIRONMENTAL PROTECTION AREA t SUBJECT PROPERTY � � o .'< .,POOWN A f NUE STRECT WEST • H�'HWAY 2 (� J o . FUTUREc PRnsTE sTGVT o J� tw GO STATION SITE • •i•!•PEDESTRIAN WALKWAY PRINCE WtLLL1M i . CONTAMINATED SITE + • Q MAP A LAND USE WE SO OWN CENTRE SECONDARY PLAN JANUARY 1. 2010 1MI5 C�ICCU6C30f1 IS OR[IVQ:4^Il rrm m�nrw.rurr rwv L LLl'v E RM E LY r� r i 4 Clarington Central Secondary School ' a � Garnet B. Rickard ' Recreation +' r Complex t Y e STEVEN ROAD STEVENS ROAD +. t+ The Home ► L .. Depot r _,.., - -• ' IPT A r J 4•w f 'h _ COPA 2011-0005 WES7 TOWN CENTRE BOUNCARY MEDIUM DENSrtY A,ESI DENTIAL FROM COMMUNITY FACILITY TO Li LOW RISE HIGH DENS[TY MEDIUM DENSITY RESIDENTIAL [':°:.....3 RESIDENTIAL. MID RISE HIGH DENSITY +� RESIDENTIAL STREET—RELATED COMMERCIAL n �7 FUTUaC eRCC—LL�aentvvnp OFFICE COMMERCFAI- ., S +I COPA GENERAL COMMERCIAL 2007-0012 COMMUNITY FACILITY J _ N "4 LP COMMUNITY PARK ca .Nf NEIGHBOURHOOD PARK po ENVIRONMENTAL PROTECTION AREA t SUBJECT PROPERTY � � o .'< -POOWN A f NUE f K L w.� { WEST � u sw„ K'iNG+ STRl� • H�'HWAY 2 (� J o . wP •_ � FUTUR'c nRnsTE SYGM o JS tlw GO STATION SITE ��� gg a .����£yP • •i•!•PEDESTRIAN WALKWAY �u PRINCE WtLLL1M i . � CONTAMINATED SITE + • Q + P� ,it MAP A LAND USE WE SO OWN CENTRE SECONDARY PLAN JANUARY 1. 2010 1MI5 C�ICCU6C30f1 IS OR[IVQ:4^Il rrm m�nrw.rurr rwv Slide 4 dl dc01,9/9/2011 I i. o "SAY °i 1 , 1 Pig _ Y �a TE E NB Flo. _ T STEVE 8. ROAD _ • S • n Application Bye. Stephen Selby t rezoning o property to prohibit residential uses. File No.: ZBA2011-0025 Property Location Map(Clarke) Subject Site Jl Q� PART 2 PART 1 3431 Gibson Rd Lot 34 Concession o 3 Former Township of Clarke QQ 0 T ZBA 2011-0025 CD Zoning By-law Amendment Owner: Stephen&Patti Selby 2 LSTANI�F NOTES CONC E55 ON flQAD 4 ". Background IM. ,= Selby land V ` 53 ha Selby land ,,,,,, 54.47 ha ate. 8 315"' Poultry barns 36a`5 7 N'964 3 e5.r 3501 '{n a , Selby land 349(,= to be merged r 905 with subject f lands 55.4 ha 46' 343, Subject lands - �;a= Surplus farm 13.6 ha dwelling 0.4 ha N17 3369 �. 3306 3333 �>C�✓I ;' M 3255 321 31]1 3141 c 7130 31-23 3081 ,4)6 -L a �E y, ac roun Severance application or surplus farm dwelling approved b June 13th, 2011 F Comments • No comments have been received by the public No objection from any agency • Provincial, Regional and Municipal polices encourage the consolidation of agricultural land r� 1 I Conclus *ion Provided there are no significant issues raised at today's Public Meeting, Staff recommend approval of the rezoning application