HomeMy WebLinkAbout01/09/2012�t
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: January 9, 2012
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1. MEETING CALLED TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST
3. ANNOUNCEMENTS
4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
(a) Minutes of a Regular Meeting of December 12, 2011
5. PUBLIC MEETINGS
No Public Meetings
6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final
List)
(a) Gary Jeffery, Chair, Agricultural Advisory Board of Clarington, Regarding
Annual Board Update
7. PRESENTATIONS
No Presentations
8. PLANNING SERVICES DEPARTMENT
(a) PSD- 001 -12 Community Improvement Annual Report
Orono, Bowmanville, Newcastle and Courtice
(b) PSD- 002 -12 Environmental Stewardship 2011 Program Update
(c) PSD - 003 -12 Application for Removal of Holding for 42 Semi - Detached
(Link) Dwelling Units and Two (2) Single Detached
Dwelling Units
Applicant: Kaitlin Homes Aspen IV Ltd.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
G.P. & A. Agenda _-2- January 9, 2012
(d) PSD- 004 -12 Proposed Zoning By -Law Amendment to Permit an 8 -26
Existing Non - Conforming Accessory Building
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD- 001 -12 Train Whistle Cessation 9 -1
(b) EGD - 002 -12 MetroLinx- BikeLinx Funding for Sheltered Bicycle Parking 9 -35
10. OPERATIONS DEPARTMENT
No Reports
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
No Reports
12. COMMUNITY SERVICES DEPARTMENT
No Reports
13. MUNICIPAL CLERK'S DEPARTMENT
No Reports
14. CORPORATE SERVICES DEPARTMENT
No Reports
15. FINANCE DEPARTMENT
No Reports
16. SOLICITOR'S DEPARTMENT
No Reports
17. CHIEF ADMINISTRATIVE OFFICE
No Reports
18. UNFINISHED BUSINESS
19. OTHER BUSINESS
G.P. & A. Agenda - 3 - January 9, 2012
20. COMMUNICATIONS
None
21. CONFIDENTIAL REPORTS
No Reports
22. ADJOURNMENT
C11 n
Leading the FYay ,
General Purpose and Administration Committee
Minutes
December 12, 2011
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, December 12, 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 W. Woo
Absent: Councillor C. Traill
Also Present: Chief Administrative Officer, F. Wu
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Deputy Treasurer, L. Gordon
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 attended the following:
• Energy from Waste Public Open House, followed by the first meeting of the
Energy from Waste — Waste Advisory Committee, on Wednesday, December 7,
2011.
® Clarington Crossing Guard Awards and Presentations on Thursday, December 8,
2011.
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General Purpose and Administration Committee
Minutes
December 12, 2011
• Valleys 2000 Public Meeting to view the draft engineering plans of the fish
bypass stream on Friday, December 9, 2011, followed by a tour of the proposed
location for the ladder.
• Municipality of Clarington Staff Christmas Party and Award Recognition evening
on Friday, December 9, 2011 at the Garnet B. Rickard Recreation Complex.
Councillor Neal attended the following:
• Energy from Waste Public Open House, followed by the first meeting, on
Wednesday, December 7, 2011.
• Municipality of Clarington Staff Christmas Party and Award Recognition evening
on Friday, December 9, 2011 at the Garnet B. Rickard Recreation Complex.
Councillor Hooper attended the following:
• Energy from Waste Public Open House, followed by the first meeting, on
Wednesday, December 7, 2011, with Mayor Foster and Councillor Woo.
• The Men's Breakfast in Newcastle on Saturday, December 10, 2011 with
speaker, Ken Shaw.
• Breakfast with Santa in Hampton on Saturday, December 10, 2011. He added
that Kimberly Archer Hughes has published a book on Hampton, "Members of a
Village Called Hampton ".
• The Appreciation Potluck and Fundraiser to benefit Chance Stables and the
victims of the recent fire, with Mayor Foster and Councillors Hooper and Woo, on
Saturday, December 10, 2011 at Maple Grove United Church.
• The Clarington Older Adults Association Annual Christmas Dinner and Dance on
Saturday, December 10, 2011.
Councillor Woo attended the following:
• The Appreciation Potluck and Fundraiser to benefit Chance Stables and the
victims of the recent fire, with Mayor Foster and Councillor Hooper, on Saturday,
December 10, 2011 at Maple Grove United Church.
• The Tyrone Community Christmas Sing -along on Sunday, December 11, 2011 at
the Tyrone Community Centre, with Councillors Partner, Hooper and Traill.
Councillor Woo announced that the official opening of the Charles Bowman Public
School will take place this evening, December 12, 2011 at 7:00 p.m. In addition, he
announced that there will be a Blood Donor Clinic at the Newcastle Town Hall on
Tuesday, December 13, 2011.
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General Purpose and Administration Committee
Minutes
December 12, 2011
Mayor Foster announced the following:
• The Clarington Board of Trade Holiday Open House today, December 12, 2011
from 2:00 p.m. to 6:00 p.m. at the Bowmanville Employment Services at
219 King St. E., Unit 4.
• Clarington Older Adults Association potluck dinner on Thursday, December 15,
2011, followed by the Clarington Concert Band.
Mayor Foster thanked the CAD's office for organizing the Staff Christmas party on
Friday, December 9, 2011 and thanked staff for the work they do all year. Regarding
the Chance Stables fire, Mayor Foster made a special point of acknowledging the
actions of the stable hands: Peter Mackie, William Leveque and Connor Wilson. Mayor
Foster thanked the farmers for the Farmer's Parade of Lights on Wednesday,
December 7, 2011.
MINUTES
Resolution #GPA- 692 -11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the minutes of the special meeting of the General Purpose and Administration
Committee held on November 25, 2011 and the minutes of the regular meeting of the
General Purpose and Administration Committee held on November 28, 2011, be
approved with the following amendment to the November 25, 2011 minutes:
THAT the word "levy" be added after the word "proposed" in the last sentence on
page 3.
CARRIED
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
(a) Subject: Application for a Proposed Draft Plan of Condominium
Applicant: H &H Properties Inc.
Report: PSD -096 -11
Anne Taylor Scott, 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.
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General Purpose and Administration Committee
Minutes
December 12, 2011
Glenn Genge, Planner, D.G. Biddle & Associates, was present on behalf of the
applicant and was available to answer any questions.
Mayor Foster chaired this portion of the meeting.
DELEGATIONS
Rosemary McConkey was present regarding the Local Look Back Project. She made a
verbal presentation in addition to handing out a flyer. She explained that the project
involves Grade 7 -8 students researching the history of the school and local community
as part of an essay writing contest to encourage more involvement in the community.
She noted that she is only the facilitator for the project which she hopes the
municipalities will embrace. Ms. McConkey asked that the students from each school
with the best essay attend a Council meeting in May, 2012, to present their essays and
Council would determine the "best essay in the municipality ". She added that the
winners of each municipality would go on to present at the Region of Durham and
Regional Council would determine the best essay in the Region. Ms. McConkey noted
that some of the other local municipalities have already indicated that they would
participate. Ms. McConkey asked for a Council member to be appointed as the
project's liaison; place the item on the Municipality of Clarington's website; and award
the top student with a family membership to a Clarington recreation facility.
Resolution #GPA- 693 -11
Moved by Councillor Neal, seconded by Councillor Novak
THAT the delegation of Rosemary McConkey, regarding the Local Look Back Project,
be referred to Staff, in consultation with the appropriate groups, to report back to the
General Purpose and Administration Committee in January, 2012.
CARRIED
PRESENTATIONS
There were no presentations.
Councillor Novak chaired this portion of the meeting.
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General Purpose and Administration Committee
Minutes
December 12, 2011
PLANNING SERVICES DEPARTMENT
APPLICATION FOR A COMMON ELEMENTS PLAN OF CONDOMINIUM
APPLICANT: H &H PROPERTIES INC.
Resolution #GPA- 694 -11
Moved by Councillor Neal, seconded by Councillor Partner
THAT Report PSD- 096 -11 be received;
THAT the General Purpose.and Administration Committee concurs with the decision of
the Director of Planning Services to issue Draft Approval of the proposed Plan of
Condominium submitted by H & H Properties Inc.;
THAT a copy of Report PSD- 096 -11 be forwarded to the Durham Region Planning
Department; and
THAT all interested parties listed in Report PSD- 096 -11 and any delegations be advised
of Council's decision.
WAS
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APPLICATION FOR EXPROPRIATION OF LANDS NECESSARY FOR THE
RECONSTRUCTION OF A PORTION OF ELLIOTT ROAD
Resolution #GPA - 695 -11
Moved by Mayor Foster, seconded by Councillor Partner
THAT Council authorize an application to be made to the Council of the Corporation of
the Municipality of Clarington, as the approving authority under subsection 4(1) of the
Expropriations Act, for approval of the expropriation of the following interests in land that
are required to facilitate necessary upgrades to Elliott Road:
(a) a temporary easement or right in the nature of a temporary easement
expiring on December 31, 2014 in, under, over, along and upon the land
shown as Parts 1 and 2 on Attachment 1 to Report PSD- 097 -11 for the
purpose of entering upon and occupying the land with all necessary
machinery, equipment and material required for, or in connection with, the
reconstruction of Elliott Road and for the purpose of installing temporary silt
fencing and permanent fencing;
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General Purpose and Administration Committee
Minutes
December 12, 2011
(b) a permanent easement or rights in the nature of a permanent easement in,
under, over, along and upon the land shown as Part 3 on Attachment 1 to
Report PSD- 097 -11 for the purpose of entering upon and occupying the
land with all necessary machinery, equipment and material required for, or
in connection with, the construction, maintenance, alteration, inspection,
repair and operation of stream crossings and erosion protection works;
(c) a permanent easement or right in the nature of a permanent easement in,
under, over, along and upon the land shown as Part 4 on Attachment 1' to
Report PSD- 097 -11 for the purpose of entering upon and occupying the
land with all necessary machinery, equipment and material required for, or
in connection with, the construction, maintenance, alteration, inspection and
repair of a stream crossing;
THAT the Municipal Clerk be authorized to serve and publish a Notice of Application for
Approval to Expropriate Land as required by the Expropriations Act,
THAT the Municipal Clerk be authorized to forward to the Chief Inquiry Officer any
requests for a hearing of necessity that are received;
THAT staff be directed to represent the Municipality at any hearing of necessity;
THAT Council, as the approving authority under the Expropriations Act, approve the
expropriation of the interests in land described in Recommendation 1 of Report
PSD- 097 -11, provided there is no hearing of necessity; and
THAT, if approval to expropriate is given, the Municipal Clerk and Mayor be authorized
to take such steps as are necessary to vest in the Municipality the interests in land
described in Recommendation 1 of Report PSD - 097 -11, and obtain possession.
CARRIED
APPLICATION FOR REMOVAL OF HOLDING
APPLICANT: WEST DIAMOND PROPERTIES INC. (METRUS)
Resolution #GPA- 696 -11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT Report PSD- 098 -11 be received;
THAT the application submitted West Diamond Properties Inc. and Players Business
Park Ltd. to remove the Holding (H) symbol be approved;
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General Purpose and Administration Committee
Minutes
December 12, 2011
THAT the By -law attached to Report PSD- 098 -11 to remove the Holding (H) Symbol for
lots to be transferred to Jeffery Homes identified on the schedule to the By -law
(Attachment 2 to Report PSD- 098 -11) be passed;
THAT a subsequent By -law attached to Report PSD -098 -11 be forwarded to Council to
remove the Holding (H) Symbol on the balance of the lots to be transferred to Brookfield
Homes upon fulfillment of the balance of the terms and conditions in the Subdivision
Agreement; and
THAT a copy of the by -laws be forwarded to the Regional Municipality of Durham and
the Municipal Property Assessment Corporation (MPAC) and that all interested parties
listed in Report PSD- 098 -11 and any delegations be advised of Council's decision.
CARRIED
APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART LOT
CONTROL BLOCKS 90,91 AND 92 OF 40M -2364
CLARET INVESTMENTS LIMITED AND" 1361189 ONTARIO LIMITED
Resolution #GPA- 697 -11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT Report PSD- 099 -11 be received;
THAT the application submitted on behalf of Claret Investments Limited and 1. 361189
Ontario Limited to remove the Holding (H) symbol be approved;
THAT the By -law attached to Report PSD- 099 -11 to remove the Holding (H) Symbol, be
passed and a copy forwarded to the Regional Municipality of Durham and the Municipal
Property Assessment Corporation (MPAC);
THAT the request for Removal of Part Lot Control with respect to Blocks 90, 91 and 92
of 40M -2364 be approved and that the By -law attached to Report PSD- 099 -11, a Part
Lot Control By -law be passed pursuant to Section 50 (7.1) of the Planning Act,
THAT a copy of Report PSD- 099 -11 with attachments and approved By -law for the
Removal of Part Lot Control be forwarded to the Region of Durham Planning
Department; and
THAT all interested parties listed in Report PSD -099 -11 and any delegations be advised
of Council's decision.
CARRIED
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Minutes
December 12, 2011
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF DECEMBER 1, 2011
Resolution #GPA- 698 -11
Moved by Councillor Partner, seconded by Councillor Hooper
THAT Report PSD- 100 -11 be received;
THAT Council concurs with the decisions of the Committee of Adjustment made on
December 1, 2011 for applications A2011 -0039, A2011 -0040, and A2011 -0041; and
THAT. Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
CARRIED
AMENDMENT TO FEES BY -LAW RELATED TO PLANNING AND DEVELOPMENT
APPLICATIONS
Resolution #GPA- 699 -11
Moved by Mayor Foster, seconded by Councillor Woo
THAT Report PSD- 101 -11 be received;
THAT the By -law attached to Report PSD - 101 -11, being a By -law to require the
payment of fees for information and services provided by the Municipality of Clarington
be approved; and
THAT all interested parties to Report PSD- 101 -11 be advised of Council's decision.
CARRIED
DELEGATION OF AUTHORITY IN PLANNING SERVICES FUNCTIONS
Resolution #GPA- 700 -11
Moved by Mayor Foster, seconded by Councillor Hooper
THAT Report PSD- 102 -11 be received;
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General Purpose and Administration Committee
Minutes
December 12, 2011
THAT Council pass a by -law to delegate to the Director of Planning Services the
following additional functions:
(a) the authority to execute agreements imposed or required in satisfaction of
any condition of approval under the Planning Act regarding the development
of land including plans of subdivision, plans of condominium, land division,
exemption .from part lot control, site plans and rezoning;
(b) the authority to approve releases from agreements where development has
not proceeded;
(c) the authority to refuse a planning application where the file has remained
inactive for more than one (1) year and only after the applicant has been
given 60 days written notice that the application will be refused and has not
responded or objected;
(d) the authority to approve draft plans of condominium where a public meeting
is not required in accordance with Section 9(10) of the Condominium Act
and Reg. 544/06 of the Planning Act;
(e) the authority to approve part lot control applications so that the by -law would
be presented directly to Council for adoption without debate;
THAT the Clerk be authorized to amend the Procedural By -law to implement
Sections 4.1 and 5.1 of Report PSD- 102 -11; and
THAT the Region of Durham Planning Department and all interested parties to
Report PSD- 102 -11 be notified of Council's decision.
CARRIED
AMENDMENT TO SIGN BY -LAW 2009 -123 AND DELEGATION OF AUTHORITY
FOR MINOR VARIANCES
Resolution #GPA- 701 -11
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Report PSD- 103 -11 be received;
THAT the By -law to delegate authority to approve minor variances to the Sign By -law to
the Director of Planning Services and to amend the Sign By -law, as per Attachment 1 to
Report PSD- 103 -11 be approved;
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General Purpose and Administration Committee
Minutes
December 12, 2011
THAT the power to approve minor variances to the Sign By -law, as detailed in the
amendment to the Sign By -law included in Attachment 1 to Report PSD- 103 -11, be
deemed by Council to be minor in nature; and
THAT all interested parties to Report PSD- 103 -11 be advised of Council's decision.
CARRIED
ALTER THE AGENDA
Resolution #GPA- 702 -11
Moved by Mayor Foster, seconded by Councillor Partner
THAT the agenda be altered to consider with Report LGL- 013 -11, regarding the
application for the expropriation of lands necessary for the reconstruction of a portion of
Elliott Road, at this time.
CARRIED
APPLICATION FOR EXPROPRIATION OF LANDS NECESSARY FOR THE
RECONSTRUCTION OF A PORTION OF ELLIOTT ROAD
Resolution #GPA- 703 -11
Moved by Mayor Foster, seconded by Councillor Woo
THAT Report LGL - 013 -11 be received for information.
CARRIED
Mayor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2011
Resolution #GPA - 704 -11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Report EGD- 039 -11 be received for information.
CARRIED LATER IN THE MEETING
(See following motion)
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General Purpose and Administration Committee
Minutes
December 12, 2011
RECESS
Resolution #GPA- 705 -11
Moved by Councillor Hooper, seconded by Councillor Partner
THAT the Committee recess for 10 minutes.
CARRIED
The meeting reconvened at 10:46 a.m.
The foregoing Resolution #GPA- 704 -11 was then put to a vote and carried.
ENGINEERING SERVICES DEPARTMENT - Continued
JOSEPH ATKINSON PARKETTE
Resolution #GPA- 706 -11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Report EGD- 040 -11 be received;
THAT the grounds surrounding the southwest side of the Newcastle Library be named
Joseph Atkinson Parkette;
THAT the grounds north of the library parking lot continue to be named Newcastle
Memorial Park; and
THAT all interested parties listed in Report EGD- 040 -11 be advised of Council's
decision.
CARRIED
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
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General Purpose and Administration Committee
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December 12, 2011
COMMUNITY SERVICES DEPARTMENT
OUTDOOR ARTIFICIAL ICE SURFACE — SOUTH COURTICE ARENA
Resolution #GPA- 707 -11
Moved by Councillor Neal, seconded by Councillor Novak
THAT Report CSD- 016 -11 be received; and
THAT the matter of the construction of an outdoor artificial ice surface at South Courtice
Arena be referred to the 2012 Budget for consideration.
CARRIED
Councillor Partner chaired this portion of the meeting.
CLERK'S DEPARTMENT
TOWING INDUSTRY REQUEST
Resolution #GPA- 708 -11
Moved by Councillor Hooper, seconded by Mayor Foster
THAT Report CLD- 035 -11 be received;.
THAT the correspondence received from Glen Morrow of the Ontario Federation of
Independent Towers be received for information; and
THAT Mr. Morrow be advised of Council's action.
CARRIED
APPOINTMENT TO ORONO ARENA BOARD
Resolution #GPA- 709 -11
Moved by Councillor Woo, seconded by Mayor Foster
THAT Report CLD- 036 -11 be received;
THAT the resignation of Raymond Bester from the Orono Arena Board be received, with
regret, and that he be thanked for his contribution to the Board;
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General Purpose and Administration Committee
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December 12, 2011
THAT Jackie Moore be appointed to the Orono Arena Board for a term concurrent with
Council; and
THAT all interested parties listed in Report CLD- 036 -11 be advised of Council's
decision.
CARRIED
SCHEDULE OF MEETINGS AMENDMENT
Resolution #GPA- 710 -11
Moved by Councillor Novak, seconded by Mayor Foster
THAT Report CLD- 037 -11 be received;
THAT the schedule of meetings for the term of Council be amended as follows:
(a) THAT the Council meeting scheduled for July 9, 2012 be rescheduled to
Tuesday, July 3, 2012 at 7:00 p.m.;
(b) THAT the GPA meeting scheduled for July 16, 2012 and the Council
meeting scheduled for July 23, 2012 be cancelled;
(c) THAT the Council meeting scheduled for July 8, 2013 be rescheduled to
Tuesday, July 2, 2013 at 7:00 p.m.;
(d) THAT the GPA meeting scheduled for July 15, 2013 and the Council
meeting scheduled for July 22, 2013 be cancelled;
(e) THAT the GPA meeting scheduled for July 14, 2014 and the Council
meeting scheduled for July 21, 2014 be cancelled; and
THAT the Municipal Clerk provide appropriate notice of the amendments to the meeting
schedule.
CARRIED
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General Purpose and Administration Committee
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December 12, 2011
RESPONSIBLE PET OWNERS BY -LAW — FEE SCHEDULE
Resolution #GPA- 711 -11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report CLD- 038 -11 be received;
THAT Council approve the proposed fee structure changes to be effective January 1,
2012;
THAT the draft amending by -law attached to Report CLD- 038 -11 be approved; and
THAT all interested parties be advised of Council's decision.
CARRIED AS AMENDED
(See following motion)
Resolution #GPA - 712 -11
Moved by Mayor Foster, seconded by Councillor Neal
THAT the foregoing Resolution #GPA- 711 -11 be amended as follows:
Insert the following after the second paragraph:
"THAT a lifetime for licensing fee for cats and dogs, in the amount of $80,
be approved "; and
Insert the following at the end of the third paragraph:
"as amended by adding a lifetime license category for cats and dogs in the
amount of $80 ".
CARRIED
The foregoing Resolution #GPA - 711 -11 was then put to a vote and carried as amended.
Mayor Foster chaired this portion of the meeting.
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Minutes
December 12, 2011
ALTER THE AGENDA
Resolution #GPA- 713 -11
Moved by Councillor Woo, seconded by Councillor Partner
THAT the agenda be altered to consider Report LGL- 012 -11, regarding the proposed
nuisance by -law, at this time.
CARRIED
PROPOSED NUISANCE BY -LAW
Resolution #GPA - 714 -11
Moved by Councillor Partner, seconded by Councillor Woo
THAT Report LGL- 012 -11 be received;
THAT the By -law attached to Report LGL- 012 -11 be approved; and
THAT Inspector Chris Ostler of the Durham Regional Police Service be advised of
Council's decision.
CARRIED LATER IN THE MEETING
(See following motions)
Resolution #GPA- 715 -11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the foregoing Resolution #GPA- 714 -11 be amended by deleting the words "This
by -law is intended to regulate socially reprehensible and destructive behaviours."
contained in the "Section 7, Purpose" of the draft nuisance by -law attached to Report
LGL -012 -11.
MOTION LOST
Resolution #GPA- 716 -11
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the Rules of Procedure be suspended to hear Detective Sergeant Teresa
Hutchinson and Len Creamer, Manager Municipal Law Enforcement, on the matter of
Report LGL- 012 -11, at this time.
CARRIED LATER IN THE MEETING
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December 12, 2011
Detective Hutchinson responded to several questions of Committee and provided
clarification on the benefits of Council passing the proposed by -law as an additional
enforcement tool for the Police.
The foregoing Resolution #GPA- 715 -11 was then put to a vote and lost.
The foregoing Resolution #GPA- 714 -11 was then put to a vote and carried.
CORPORATE SERVICES DEPARTMENT
PURCHASE OF A PRE -BUILT PUMPER
Resolution #GPA- 717 -11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report COD - 037 -11 be received;
THAT Fort Garry Fire Trucks Limited, Winnipeg, Manitoba with a total bid in the amount
of $590,268.04 (Net of H.S.T. Rebate) be awarded the contract for the supply and
delivery of a 2012 Model 1250 GPM Spartan Gladiator Pumper complete with
equipment as required by the Emergency and Fire Services Department; and
THAT the required funds be drawn from the Fire and Emergency Services Department
2011 Capital Account # 110 -28- 388 - 82812 -7401.
CARRIED
FINANCE DEPARTMENT
GREEN MUNICIPAL FUND APPLICATION FOR 173 BASELINE ROAD,
BOWMANVILLE
Resolution #GPA- 718 -11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Report FND- 024 -11 be received;
THAT staff submit an application for the feasibility studies and field tests grant available
in the Green Municipal Fund program offered by Federation of Canadian Municipalities;
THAT staff send a letter to the provincial government advising that the Municipality of
Clarington is submitting an application for a grant from the Green Municipal Fund
program offered by Federation of Canadian Municipalities; and
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Minutes
December 12, 2011
THAT the funding for the updated supplemental environmental site assessment phase 2
and if applicable, a updated phase 1 environmental site assessment , designated
substance survey and partial site remediation be drawn from the rent monies collected
even if the municipality is unsuccessful in its Green Municipal Fund grant application.
CARRIED
SOLICITOR'S DEPARTMENT
The Solicitor's Department reports were considered earlier in the meeting.
CHIEF ADMINISTRATIVE OFFICER
There were no reports to be considered under this section of the Agenda.
UNFINISHED BUSINESS
There were no items considered under this section of the Agenda.
OTHER BUSINESS
SPECIAL PROVINCIAL FUNDING TO COVER MUNICIPAL DEFICITS
Resolution ##GPA- 719 -11
Moved by Councillor Neal, seconded by Councillor Partner
WHEREAS the Municipal Act requires that municipalities operate on a balanced budget;
AND WHEREAS all municipal councils face difficult decisions in the budget process in
balancing (i) the needs of their communities; and (ii) being fiscally responsible;
NOW THEREFORE BE IT RESOLVED THAT:
a) The Municipality write to the Premier of Ontario respectfully requesting that if
any municipality in Ontario receives special funding from the Province to cover
a budget deficit, that all local municipalities receive the same per capita
funding from the Province; and
b) That a copy of this resolution be forwarded to John O'Toole, MPP for Durham,
the Association of Municipalities of Ontario, and all municipalities in Ontario
requesting that they endorse this resolution.
CARRIED
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December 12, 2011
REQUEST FOR PROVINCIAL REGULATIONS REGARDING COMMERCIAL FILL
OPERATIONS
Resolution #GPA- 720 -11
Moved by Councillor Woo, seconded by Councillor Partner
WHEREAS municipalities are faced with requests from Commercial Fill Operators to
place fill in, for example, either previously undisturbed areas or expired gravel extraction
pits;
AND WHEREAS municipalities have limited resources and ability to regulate this type of
operation other than through zoning restrictions and agreements associated
predominantly with operational protocol;
AND WHEREAS the issue of soil quality of fill imported to a receiving site potentially
has a significant cross jurisdictional environmental impact that should be elevated to the
Provincial level through the Ministry of the Environment;
AND WHEREAS the Ministry of the Environment has established criteria for quality of fill
for Brownfield redevelopment but not for the importation and placement of fill within, as
an example, undisturbed areas or expired gravel extraction pits;
BE IT THEREFORE RESOLVED that the Province, through the Ministry of the
Environment, establish guidelines, regulations and a Provincially regulated approval
process to govern the quality of fill imported to a receiving site other than for the
purpose of Brownfield redevelopment;
AND FURTHER, THAT the Clerk forward copies of this resolution to York - Simcoe MPP,
Julia Munroe, the Ministry of the Environment, the Association of Municipalities of
Ontario and all Ontario Municipalities for their consideration.
CARRIED
COMMUNICATIONS
There were no items considered under this section of the Agenda.
CONFIDENTIAL REPORTS
Report LGL- 013 -11 was considered earlier in the meeting, following the Planning
Services Department section of the Agenda.
4 -18
General Purpose and Administration Committee
Minutes
December 12, 2011
ADJOURNMENT
Resolution #GPA- 721 -11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the meeting adjourn at 12:42 p.m.
MAYOR
-19-
DEPUTY CLERK
•
DRAFT LIST
OF DELEGATIONS
GPA Meeting: January 9, 2012
(a) Gary Jeffery, Chair, Agricultural Advisory Board of Clarington, Regarding
Annual Board Update
6 -1
IN *11P] :4 1
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 9, 2012 Resolution #: By -law #: n/a
Report #: PSD- 001 -12
File Nos.: PLN 37.1.1, 37.2.1, 37.3.1, 37.4.1
Subject: COMMUNITY IMPROVEMENT ANNUAL REPORT
ORONO, BOWMANVILLE, NEWCASTLE AND COURTICE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 001 -12 be received; and
2. THAT any interested parties to Report PSD- 001 -12 be notified of Council's
decision.
Submitted by: Reviewed by:
Da i /J. Crome, MCIP, RPP
Dire tor, Planning Services
FL *DJC *sn
12 December 2011
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830
REPORT NO.: PSD- 001 -12
1. BACKGROUND
PAGE 2
1.1 Council has adopted Community Improvement Plans (CIP) for Orono,
Bowmanville and Newcastle; and provides funding for community improvements
in Courtice.
1.2 The Community Improvement Plans allow the Municipality to provide incentives
to business and property owners within a specific geographical area, outlined as
specific programs in the Plan. The merchants and business owners of the
different CIP areas are notified via the municipal website, counter inquiries and
through word of mouth of the incentives and grants available. When applying for
a building permit or other works that may be eligible for a grant, applicants are
informed of the grant program by Building Division and Planning Services staff.
1.3 The three downtown CIP's also have liaison groups which staff meet with on a
quarterly basis. The liaison groups are apprised of any issues arising in the area
and assist staff in spreading the word about the grant programs.
2. CIP INITIATIVES
2.1 General Rules for the Grant Program
There are a number of general rules within the grant program that are applicable
to all grants across the three CIP's. There are specific rules for the different
types of grants and slightly different grants for each downtown. Applicants are
encouraged to take advantage of the free design service offered by the Planning
Services Department for facade improvements and development of
visualizations. In all cases staff work with applicants and inspect the buildings
prior to the anticipated works. Grants are not released until the works are
completed and the contractor paid. Property owners must be current with their
tax payments.
2.2 Various Grant Programs
There are differences between the grants that are available in Orono, Newcastle
and Bowmanville (Attachment 1). The differences are based on the input
received from the BIA's and merchants in the different downtowns when we were
drafting the Plans, they reflect the different needs and desires of the downtowns.
To date the grant programs have worked well for the different downtowns and the
results are visible by the improvements made to facades, signage and
accessibility.
2.3 Grants Applications
The grants that have been given and are pending are outlined in Attachments 2,
3 and 4 for Orono, Bowmanville and Newcastle respectively. Grant funds are
committed at the outset of a project and may carry over to a subsequent year
while the work is being completed.
REPORT NO.: PSD- 001 -12 PAGE 3
2.4 CIP Fundinq
To date the Municipality has expended approximately $300,000 on grants to
private enterprises in the 3 downtowns. However, because of the matching
nature of the grants and the reality that many of the owners have made
improvements that far exceed the portion provided by the Municipality, it is
estimated that the CIP programs have prompted refurbishment work on the older
building stock well into the millions of dollars. Each year the Planning Services
Department includes a request in the operating budget to continue the funding for
the grant programs in the downtowns. The amount allocated to each downtown
is reflective of the uptake from prior years; the funds allocated accumulate until
they are disbursed. The CIP funds in many cases are the necessary incentive to
prompt an owner or merchant to invest in refreshing their store front and interior.
For Courtice a Community Improvement Plan has not been drafted and is a next
step after the Secondary Plan and Zoning By -law for the Courtice Main Street. In
the meantime, Council has allocated funds to make improvements on municipal
lands to kick -start the enhancement process that would happen once a CIP is in
place (see Attachment 5).
2.5 CIP Refresh
Representatives of the Orono BIA have been in contact with Kevin Dugay a
Planner and instructor at Fleming College. Two groups of graduate students are
interested in carrying out updates to the CIP studies that were undertaken for
Orono and Newcastle. Staff have been working with the instructor and students
to provide background, context and guidance for the "refresh" to the Community
Improvement Plans which will occur in 2012.
2.6 Other CIP works
Larger projects such as the redevelopment of a streetscape or municipal projects
within the CIP area that are enhanced to meet the goals of the CIP are funded
from the capital budget. Examples of this type of project, were the
enhancements to the King Street Bridge and Silver /Church Street parking area in
Bowmanville; in Orono the replacement of the railing on the east side of Main
Street and sidewalk improvements on the west side of Main and Centreview; and
the addition of the bump -outs and enhancements on Mill Street in Newcastle.
For 2011 capital project funding was allocated for the improvements to the
parkette at the corner of Trulls Road and Highway 2 in Courtice. This project has
been designed, tendered, awarded and will begin construction in the spring of
2012.
3. CONCURRENCE - Not Applicable
,
REPORT NO.: PSD- 001 -12
4. CONCLUSION
PAGE 4
4.1 There has been good response to the grant program and other CIP initiatives.
The merchants /owners we have met with are pleased with the grant program and
visualization service provided by the Municipality. Some merchants have
proceeded with works based on the design provided without taking advantage of
the grants. Staff will continue to monitor the effectiveness of the program and
make recommendations for changes, if necessary.
4.2 Staff will provide guidance to the instructor and graduate students working on the
"refresh" to the Orono and Newcastle CIP's.
4.3 The Courtice area CIP will be initiated once the Secondary Plan and Zoning By-
law for the Courtice Main Street has been adopted and is in force.
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
X Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Attachments:
Attachment 1 — Grants available in downtowns
Attachment 2 — Orono CIP Grants and Works
Attachment 3 — Bowmanville CIP Grants and Works
Attachment 4 — Newcastle CIP Grants and Works
Attachment 5 — Courtice CIP works
List of interested parties to be notified of Council's decision:
Garth Gilpin, Co- ordinator, Bowmanville BIA
Bowmanville CIP liaison group c/o Faye Langmaid
Newcastle CIP liaison group c/o Isabel Little
Orono CIP liaison group c/o Faye Langmaid
Kevin Dugay, Planner
Attachment 1
To Report PSD- 001 -12
Orono Grants .
Bowmanville Grants
Newcastle Grants
. -Si. na e 50% up to $2000
N/A
Si na e 50% up to $2000
Facade 50% up to $5000
Heritage Facade 33% up to ,
$10,000
Facade 50% up to $5000
N/A
Site Plan Control Fee up to
$3000
Site Plan Control Fee up to
$3000
N/A
Building Permit Fee up to
$2000
N/A
Building Code Upgrade 50%
up to $5000
Building Code Upgrade 33%
up to $5000
Building Code Upgrade
50% up to $10000
Brownfield grant up to $10000
Reconstruction up to $10000
Infill up to $10000
2005 - $25000
2005 - $25000
2006 - $25000
2006 - $50000
2007 - $25000
2007 - $50000
2008 - $15000
2008 - $40000
2008 - $20000
200940 $0
2009 - $25000
2009 - $25000
2010-$1000
2010 - $34000
2010 - $20000
2011-$0
2011 - $50000
2011 - $20000
CIP Area - 3.29 ha
Encompasses two additional
properties to BIA, BIA covers
2.48 ha, minus ROW property it
is 2.42 ha
CIP Area - 89.25 ha
Encompasses more
properties than BIA area (BIA
is 10.48 ha, minus ROW and
MOC roe
CIP Area -19.95 ha
Encompassed more
properties than BIA area
(BIA is 11.33 ha, minus
ROW and MOC property
General to all Three CIP's
At no time shall the total amount of grants provided to a specific property owner exceed
$50,000.00
Capital Works
Capital Works are different for each CIP area and are subject to annual budget deliberations
of Council.
Development Charge Exemptions
Development Charge Exemptions are the same for all three CIP area. (They are interpreted
the Chief Building Official)
Note
While there are more grants in Bowmanville.and Newcastle than Orono, the circumstances
are different and were examined at the time of drafting the original CIP's. For instance the
Site Plan Control grant has only occasionally been used, this is also applicable to the
Building Permit Fee grant. For Orono there is no opportunity for infill as there are no vacant
properties in the CIP area; as such the Site Plan grant would not be applicable.
Attachment 2
To Report PSD- 001 -12
Orono CIP
Grants Summary
Grant Type
Year
Building Name
Location
$ value
Stage
S
2005
Hair with Flair
5310 Main St.
$299.00
aid
S, F
2005
Orono Bakery
5340 Main St.
$6,714.53
paid
S
2005
Main thru Church Antiques
5341 Main St.
$717.57
paid
F
2006
Blueberrys
5341 Main St.
$128.71
paid
S, F
2006
Galloway Cafe
5323 Main St.
$1,399.10
paid
S, F
2006
Not'ust Chocolate
5314 Main St.
$6,750.00
paid
S
2006
Discount store
5337 Main St.
$121.12
paid
S, F
2006
Well Wise Centre
5331 Main St.
$1,855.97
paid
S, F
2007
Terran's
5324 Main St.
$2,528.99
paid
S
2007
Patriot Antiques
5324 Main St.
$739.00
paid
F
2008
5265 Main St.
5265 Main St.
$5,000.00
paid
S, F
2008
Orono Electric
5352 Main St.
$2,846.00
paid
S, F
2009
Apple Blossom Shop
5346 Main St.
$1,989.25
paid
S
2009
Di's Pizzeria
5304 Main St.
$1,786.00
paid
S, F
2010
Patriot Anti q ues
5283 Main St.
$2,905.68
aid
S
2010
Hedgehog Antiques
5324 Main St.
$770.00
paid
S
2011
Orono Antique Market
6 Park St.
$1,767.44
paid
BC
2011
Orono Town Hall
5315 Main St.
$5,000.00
paid
F
2011
Riss /Riorden
6290 Main St.
$2,090.50
aid
F
2011
Judefield Design
5323 Main St.
$3,847.05
pending
S = Signage
F =Facade
BC = Building Code
I = Infill
Pending means we have been in discussion with owner; waiting for additional information
and application
The non - capital funding provided to date for implementation of the Orono CIP is $91,000.
Over $47,000 has been paid out in grants with another approximately $4,000 pending. In
addition funds (approximately $9,000) were expended on the 175th celebrations, brochures,
hall rentals, sign refurbishment, etc. There is approximately $31,000 left in uncommitted
funds.
Attachment 3
To Report PSD- 001 -12
Bowmanville CIP
Grants Summary
Grant Type
Year
Building Name
Location
$value
Stage
F, BC, BP, SPC
2005
Balmoral Place
54 King St. E
$ 23,770.00
paid
F
2006
Brian's House of Fish
185 Church
$ 5,700.00
paid
F
2006
Edward Jones
1 King St. E
$ 4,980.17
paid
F, BF
2008
Mike Sullivan
118 King St.
$ 10,070.00
paid
BC, F, BP, R, SPC
2008
Lan e's
29 -31 King St.W.
$ 30,029.00
paid
BC, F, BP, R, SPC
2008
Bethesda House
25 -27 King St. W.
$ 30,076.00
paid
F
2008
Masonic Lode
19 Kin E
$ 2,616.81
paid
F, BC
2008
Wilson's
182 Church Street
$ 1,944.89
paid
F, BP
2009
Delton Financial
108 King St. E
$. 8,198.19
paid
BC, F, BP, R
2009
Sevarq Investments
33 Kin W
$ 25,968.09
paid
F
2009
Bowmanville Barber
19A Kin W
$ 867.00
paid
BP, BC, F
2010
Chanterelle
33 Division St.
up to $18,000
committed
F, BP
2010
Oak Unlimited
91 -101 King St. W
$ 11,460.53
paid
F
2010
Sn der /S an*
19 1/2 -21 King W
up to $26,000
committed
BP, BC
2010
Royal Service
104 King E
up to $8,000
committed
F
2010
Royal Service
104 King E
up to $10,000
pending
F, BP
2010
Oak Unlimited
101 King St. W.
up to $13,000
committed
F
2011
Vanstone Mill
116 King St. W.
$ 8,583.00
paid
F
2011
James Insurance
24 -26 King St. E.
up to $10,000
committed
F
2011
Atkin's Auto
12 Tem erance St.
discussion
F, BC, BP
2011
Sturdy House
30 Silver Street
�_Upto $18,000
pending
BC = Building Code
BP = Building Permit
F= Facade
R = Reconstruction
SPC = Site Plan
* Former Leisure Lady
The non - capital funding provided to date for implementation of the Bowmanville CIP is $274,000. Just
under $164,000 has been paid out in grants, with another $76,000 committed and $28,000 pending.
In addition funds were expended on the 150th celebrations (approximately $7,000). There are no
funds left at this time for Bowmanville.
Committed -means letter has been issued, committing the funds.
Pending - means discussion with owner, waiting for additional information.
Attachment 4
To Report PSD- 001 -12
Newcastle CIP
Grants Summary
Grant Type
Year
Building Name
Location
$ value
Stage
F
2008
You're In The Dog House
205 King Ave. E.
$ 3,195.94
paid
F, S
2008
The Black Knight
119 King Ave. W.
$ 7,000.00
paid .
F
2008
Clark Chiropractic
10 King Ave. E.
$ 3,087.00
paid
F
2008
Roselina's
4 King Ave. E.
$ 5,000.00
paid
BC
2009
The Black Knight
119 King Ave. W.
$10,000.00
paid
F
2009
Canada Brokerlink Insurance In Person
83 King Ave. W.
$ 3,508.00
paid
F
2009
Newcastle Eye Care
85 King Ave. W.
$ 3,508.00
paid
F
2009
Yummy Pleasures
123 King Ave. W.
$ 5,000.00
paid
SPC
2009
Diana's Gingerbread Cottage
106 King Ave. E.
$ 3,000.00
paid
S
2009
Lovekin Law
25 King Ave. W.
$ 2,000.00
pending
F
2010
Clark Chiropractic
10 King Ave. E.
$ 310.75
paid
S, BC
2010
Diana's Gingerbread Cottage
106 King Ave. E.
$12,000.00
cmitted
F
2010
Syvan Developments
187 King Ave. E.
$ 5,000.00
F, B C, S
2011
Home Hardware
15 Kin Ave. W
$22,000.00
omitted
BC = Building Code
S = Signage
F = Facade
I= Infi II
SPC = Site Plan
The non - capital funding provided to date for implementation of the Newcastle. CIP is $85,000.
Approximately $49,000 has been paid out in grants, with another approximate $34,000 committed.
There is approximately $2,000 in uncommitted funds.
Committed - means letter has been issued, committing the funds.
Pending - means discussion with owner, waiting for additional information.
E:M:]
Courtice CIP
Grants Summary
WORKS
2009 Street Trees
Attachment 5
To Report PSD- 001 -12
A street tree planting program began in 2009 utilizing community improvement
funding. A total of 26 street trees were planted at four locations along the Courtice
Highway 2 corridor between Townline and Courtice Road under the supervision of the
Manager of Parks Development. It is anticipated that future funding will augment the
street tree planting program on the municipal road allowance, thereby continuing to
implement the recommendations of the Courtice Main Street Master Development
Plan.
2010 Tooley Memorial
The Municipality acquired the house and property at 71 Old Kingston Road in 2009
with the intention of providing a trailhead and small parkette along the Farewell Creek
Valley. This initiative was to start to fulfill the actions identified in the Municipality's
Corporate Strategic Business Plan 2007 -2010 to create a focal point and develop a
trail system along the Farewell Creek, also known to some as Barber's Creek.
Funds were allocated for the construction of the cairn in the 2010 budget and the
project was completed in November. The Clarington Museum and Archives prepared
the wording, in consultation with the Clarington Heritage Committee and Staff forthe
plaque.
2011 Parkette Trulls Road and Highway 2
Capital Funding was allocated in the 2011 budget for development of a parkette at this
intersection. The project was designed, tendered and awarded in 2011 with
construction to commence in the spring of 2012. The construction cost of the pergola
feature and other amenities will exhaust the capital funds allocated for this project.
The 2011 CIP fund (non capital) is being held to provide for lighting of the pergola. A
lighting designer is reviewing the lighting necessary and its cost. Lighting will assist in
deterring vandalism and making the pergola more usable and visible.
Summation
To date a total of $25,000 has been allocated for Highway 2 improvements; $15,000 has
been expended and $10,000 allocated in 2011 is available for additional improvements
which is anticipated to be used for the lighting project noted above.
Leading the Way
� V =1 U-0 Z41
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 9, 2012 Resolution #: By -law #: N/A
Report #: PSD- 002 -12
File #: PLN 17.1.6
Subject: ENVIRONMENTAL STEWARDSHIP
2011 PROGRAM UPDATE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 002 -12 be received for information; and
2. THAT any interested parties listed in Report PSD- 002 -12 be notified of Council's
decision.
Submitted by:
D'av dzJ ,rome, MCIP, RPP
Director, Planning Services
FL /df
20 December 2011
Reviewed bv-__
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830
11
REPORT NO.: PSD- 002 -12
BACKGROUND
PAGE 2
1.1 Since 2002, Council has been providing annual funding for an ongoing
stewardship programme. The environmental stewardship programme was
established to encourage private groups to carry out works that improve
municipal lands, such as valleylands and other natural areas.
1.2 Initial uptake of stewardship funds were limited, it took time to build awareness
that funding was available for stewardship projects on municipal properties. Staff
direct private stewardship initiatives to the applicable conservation authority,
Durham Land Stewardship Council (for Ministry of Natural Resources properties)
and other programmes.
1.3 The purpose of this report is to inform Council of how the funds have been spent
and the funds that are remaining in the Stewardship account (carried over from
previous years).
2. GRANTS
2.1 General Guidelines
When approving projects for funding, Staff have been careful to only fund
projects that are on municipally owned properties, have in -kind contributions
(labour and /or materials) and meet the overall concept plan for the area.
Planning Services staff work closely with Engineering and Operations staff to
ensure that the project is in the best interests of the municipality.
2.2 Prior Years Works
Attachment 1 provides Council with the detail of what works have been carried
out in prior years.
2.3 2011 Works
Valleys 2000 undertook a tree /shrub planting project with a group of students in
the Bowmanville Valley in December, the plant materials were funded by the
environmental stewardship program.
Council received a report on September 12, 2011 (PSD- 074 -11) that explained
the Trees for Rural Road initiative (Attachment 2) being promoted jointly by the
Municipality and CA's. It's purpose is to renew the road side plantings in the rural
portions of Clarington. The program was announced in articles in the local
newspapers, the E- update and website in the fall of 2011. There has been an
overwhelming response to the program. Many applications have already been
received (due date is April 15, 2012). It is anticipated that well over 500 whips (4'
to 5' saplings) will be planted throughout Clarington as part of this program in
April 2012.
8 -11
REPORT NO.: PSD- 002 -12
3. CONCURRENCE — Not Applicable
4. CONCLUSION
4.1 There has been good response to the environmental stewardship program, to
date over $38,000.00 has been spent; however, the value of the in -kind
contributions is more than double that amount. In addition, the net gain for those
involved has been an understanding and long -term commitment to the
community and environmental stewardship.
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
Attachments:
Attachment 1 — Stewardship Projects 2003 -2010
Attachment 2 — Trees for Rural Roads
Interested parties to be notified of Council's decision:
Frank Lockhart
Rev. Chisling
SWNA Committee, c/o Peter Windolf
Patricia Lowe, CLOCA
Pam Lancaster, GRCA
8 -12
Attachment 1
To Report PSD- 002 -12
Previous Stewardship Projects
2003 -2011
2010
Funding of the Ministry of Natural Resources (MNR) Rangers for one week was
provided. The Ontario Stewardship Rangers work in teams of five (5) high school
students (17 year olds) and a project captain.
The MNR Rangers assisted the Valleys 2000 (Frank Lockhart) with the removal of log
jams and brush at both Soper Creek and Bowmanville Creek. They worked with our
Samuel Wilmot Nature Area Advisory Committee to build woodchip trails, in particular
they re -built a wood chip trail on the east side leading to the lake, assisted in spreading
woodchips around the kiosk and cleaned vegetation from around the interpretative
.signs. The Rangers also worked with Rev. Chisling at the Visual Arts Centre doing work
on the garden beds including planting, weeding and pruning.
2009
Funding of the Ministry of Natural Resources (MNR) Rangers for one week. The Ontario
Stewardship Rangers work in teams of five (5) high school students (17 year olds) and
a project captain. The MNR Rangers assisted the Courtice Lions at the Millennium
Trails by clearing.the creek of debris and spreading woodchips on the trail. They worked
with our Samuel Wilmot Nature Area Advisory Committee to build a new woodchip trail
through the east woodlot. They assisted Valleys 2000 with mulching the butterfly garden
and tree removal in the Bowmanville Valley. In addition they worked on the removal of
Phramagites from wetland areas in the Black/Farewell Creek watershed. These projects
were coordinated by the Operations and Engineering Services Departments.
Two planting projects were done in Courtice this year. In the spring buffer plantings
were undertaken between the Nantucket condos and the Rob Piontek Skate Park. It
included native trees and shrubs with an emphasis on coniferous planting. In the late fall
native trees and shrubs were planted in the Black Creek valley between the Nantucket
condos and Hwy. 2 along the creek. The planting projects have been done by Courtice
Secondary School students. The goal of all the planting projects .is to increase /restore
the diversity of native plants in the Black Creek area.
2008
Funding of the Ministry of Natural Resources (MNR) Rangers for a week of their time to
assist with projects in Clarington. The Operations Department provided on site direction,
for the pulling of Phramagites in the Black/Farewell Creek wetland areas for 2 days. The
remaining days were under the direction of the Manager of Park Development and
included one day at the Samuel Wilmot Nature Area creating woodchip walkways; one
day with Rev. Frank Lockhart from Valleys 2000 in the Bowmanville Creek removing
dead trees and path trimming /clean up, and one day with Courtice Lions working on
stream clean -up and boardwalk construction in the Courtice Millennium trails.
2007
Funding of the Ministry of Natural Resources (MNR) Rangers for a week of their time to
assist with projects in Clarington. The Operations Department provided on site direction,
for the pulling of Phramagites in the Black/Farewell Creek wetland areas for 2 days. The
8 -13
remaining days were under the direction of the Manager of Park Development and
included one day at the Samuel Wilmot Nature Area creating woodchip walkways; one
day with Rev. Frank Lockhart from Valleys 2000 in the Bowmanville creating paths, and
one day with. Courtice Lions working on stream clean -up and boardwalk construction in
the Courtice Millennium trails.
Plantings at Wilmot Creek Nature Area in partnership with the Samuel Wilmot Nature
Area Committee,. Engineering Services and the St. Stephen's Catholic High School.
students.
Funding of the lumber for a continuation of the Boardwalk at Courtice Millennium Trail in
partnership with Courtice Secondary School students. The students constructed the
boardwalk in sections, in shop class, and then assembled it on site. This project was
part of a much larger project that included the Courtice Lions Club and a Trillium Grant.
2006
In February of 2006 the Municipality hosted, in partnership with OPG, a workshop for a
number of environmental groups with Evergreen. Evergreen is a not - for - profit
environmental group that provides advice and funding for environmental projects. The
workshop was attended by approximately 25 people representing a number of different
groups. The information provided during this workshop was extremely, helpful to a
number of these groups. The networking opportunities for the . groups were also an
important aspect of the workshop.
Plantings in Soper Creek valley along the pathway from the Visual Arts Centre north in
partnership with the Planning Services Department World Town Planning Day event
and Bowmanville High School students.
Sponsorship of a workshop for municipal staff from throughout the Region of Durham
regarding private wells and septic systems and their impact on the environment. The
workshop was provided by Dr. Mary Jane Conboy of the Well Wise Centre which
opened in Orono early in 2007. The intent of this workshop was to educate municipal
staff (building and planning) to ensure consistent messages are provided across the
Region to residents on wells and septic systems.
Provided funding for the lumber for Boardwalk at Courtice Millennium Trail in
partnership with Courtice Secondary School. students. The students constructed the
boardwalk in sections, in shop class, and then assembled it on site.
2005
Boardwalk behind Courtice Complex in partnership with Courtice Secondary School
students. The funding provided the lumber necessary for the project, again the students
constructed the boardwalk in sections, in shop class, and then assembled them on site.
Plantings in Soper Creek valley along the pathway from the Visual Arts Centre north to
Hobbs Avenue, in partnership with Valleys 2000 and Bowmanville High School students
who provided the labour.
8 -14
2004
Creek crossing in Bowmanville Valley in partnership with Valleys 2000 and Courtice
Secondary School students. The funding provided the lumber necessary for the project,
the students built and installed the crossing. -
2003
Plantings in the Bowmanville Valley along the pathway from Spry Avenue north. In -kind
labour provided by Planning Services Staff and Valleys 2000.
8 -15
Attachment 2
To Report PSD- 002 -12
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 planted were maples. This gave rise to an important element in the rural landscape -
lines of stately maples alongside roads and separating farmer's fields. The legacy of maple trees is embedded in many people's
memories and part of the rural aesthetic.
The Ontario Legislature passed an act in 1871 to encourage the planting of trees on "highways ". Municipalities were to pay
landowners up to $0.25 per tree for trees planted along the roads. The province was to cost -share with the municipalities, but a
quarter century later, only ten percent of the money had been spent and the act was repealed. Although this would suggest
failure of the program, trees from this era (or soon after) line many of our rural roads today. These century (and older) trees are
now succumbing to old age, exposure to wind, insects and disease. They are not being replaced and that part of the
rural /cultural landscape is now seriously degraded.
The Municipality of Clarington has a rich history of tree planting in Ontario. The former Ontario Ministry of Natural Resources
Orono Forestry Station provided between 5 and 7 million seedlings annually for planting throughout Ontario during its years of
operation. The Ganaraska Reforestation Program is also a prominent part of our history. The Forest is the largest source of
forestry products in the Clarington.
Program Guidelines:
The Trees for Rural Roads program would target all rural residents, farm and non -farm. The trees provided through this program
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, an 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 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 removed, leaving the trunk as a 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 the future, targeted specifically at the farm community.
3. There are altruistic reasons for planting of trees and it is anticipated that our rural community members already active in
various forms of stewardship would participate in the Trees for Rural Roads Program as part of their ongoing efforts. In
addition, windbreaks and shelterbelt plantings can reduce snow drifting, provide visual, sound and odour control.
Complimentary Programs and Potential Partnerships:
Maple Le vel Forever Pr°gran-
Canada's forests have played a central role in our economic development over the centuries. They remain
to this day, a hugely important element in our social, cultural and economic fabric.' +>
8- 17 �
One of the most widely recognized trees in Canada's temperate forests is the maple. This species provides a crucial component
in forest ecosystems across Canada and is a part of the rural and city landscape. As well, it is an important tree in the forest's
carbon balance, sustains the maple syrup industry and produces a range of valuable and wonderful wood products used in our
houses.
The Maple Leaves Forever Program has goals (below), provides seed stock and has some funding.
• To restore and replenish the 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, laheways 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 JtdLELIMaples (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
Ontario Heritagg Tees Prra rarn.
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
➢ A tree associated with local folklore, myths, legends, or traditions
This program could dovetail into the Trees for Rural Roads Program to create awareness for and create an interest in preserving
heritage trees. The heritage conservation district on Beech Avenue in Bowmanville does recognize two of the older stately trees'
on the street.
C nservpE iari Atithari°l:br Tree I` lanthig Programs:
Currently both Conservation Authorities within Clarington offer a tree planting program. If landowners wished to plant trees on
their property and next to the municipal right of way they could purchase trees at a cost from their respective Conservation
Authority. However, currently the focus of the Conservation Authorities planting programs are for large scale reforestation and
stream bank plantings.
Proposed Funding:
The Municipality has an annual environmental stewardship budget.
Other sources of funding could include the Trees Ontario Foundation, Green Street Canada, Tree Canada, Greenbelt Foundation,
Maple Leaves Forever and Farm Credit Agri- spirit fund, OPG Corporate Citizen Program and Gas Tax Funds (that the Municipality
receives and has to be directed towards sustainability projects 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 fit 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 over the counter 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.
i
_ A8 -18
•
Leading the Way
14,4201141
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 9, 2012 Resolution #: By -law #:
Report#: PSD- 003 -12 File #: ZBA2009 -0008
Subject: APPLICATION FOR REMOVAL OF HOLDING FOR 42 SEMI - DETACHED
(LINK) DWELLING UNITS AND TWO (2) SINGLE DETACHED DWELLING
UNITS
APPLICANT: KAITLIN HOMES ASPEN IV LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 003 -12 be received;
2. THAT the application submitted by Kaitlin Homes Aspen IV Ltd. to remove the Holding
(H) symbol be approved;
3. THAT the By -law attached to Report PSD- 003 -12 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- 003 -12, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's decision.
Submitted by: /�,/" /V �
Davf rome, MCIP, RPP
Director of Planning Services
ATS /CP /df /av
23 December 2011
Reviewed by:
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830
•
1.
1.1
1.2
1.3
2.
APPLICATION DETAILS
Applicant: Kaitlin Homes Aspen IV Ltd.
Location: Part Lot 17, Concession
McBride Avenue /Green
(Attachment 1)
1, Former Township of Darlington
Road (northwest)
Rezoning: Removal of Holding (H) symbol from "Holding — Urban Residential
Exception ((H)R1 -76)"
BACKGROUND
Paae 2
2.1 The lands identified on Attachment 1 received draft plan approval in 2009 for the 44
dwelling units along McBride Avenue. The plan of subdivision was registered as Plan
40M -2446 on July 28, 2011.
2.2 A condition of draft approval required the applicant to submit a site plan application for
the 44 dwelling units. The units will have vehicular access via a private rear laneway
to private garages and parking spaces in the new urbanism style. Various access
easements were required and have been approved through the Region of Durham's
Land Division Committee.
2.3 When the subject lands were rezoned in 2009, the lands were placed in the "Holding —
Urban Residential ((H)R1 -76) Zone" which established appropriate lot areas,
frontages, and setbacks.
2.4 In 2010, a site plan application was received for the 44 units. Once all comments
relating to the application were addressed, the Director of Engineering Services and
the Director of Planning Services issued site plan approval subject to conditions on
December 19, 2011.
2.5 The Holding (H) symbol applies to the R1 -76 Zone and is in place to ensure that
certain obligations are considered prior to development, such as: servicing, access,
protection of natural areas, measures to mitigate the impact of development,
submission of required studies, execution of agreements and any other requirements
as may be deemed necessary by Council. Council must be satisfied that the
provisions of the Official Plan and Zoning By -law are met prior to removing the
Holding symbol.
8 -20
REPORT NO.: PSD- 003 -12
3. STAFF COMMENTS
Paae 3
3.1 The forty -four (44) dwelling units have been draft approved since 2009. Since the
submission of the site plan application in 2010, a detailed review of the development
proposal has taken place (SPA 2010 - 0025).
3.2 The applicant agreed to the draft conditions of site plan approval. Site plan approval for
the medium density units includes the approval of site plan and elevation drawings,
servicing and grading drawings, and landscape plans. A performance guarantee in the
amount of $66,074.40 will also be required.
3.3 Provisions in the site plan agreement require the owner to develop the site in
accordance with the approved site plan drawings among other standard provisions.
Noise attenuation measures must be built in accordance with the Noise Impact Study
prepared by the applicant's noise consultant.
3.4 The Site Plan Agreement (SPA 2010 -0025) is expected to be executed shortly and
pending receipt of all financial obligations under the agreement, the applicant will have
satisfied all municipal requirements through the site plan process.
3.5 Staff are recommending approval of the rezoning for the removal of the "Holding (H)"
symbol at this time. Although the site plan agreement has not been executed, this is a
requirement of the executed subdivision agreement and the applicant has agreed to the
conditions of site plan approval. Approval of the by -law at this time (Attachment 2) will
ensure there are no delays in issuing building permits once the site plan obligations,
financial and otherwise, are satisfied. The subject lots have an agreement with the
Region for sanitary capacity.
4. CONCURRENCE - Not Applicable
5. CONCLUSION
5.1 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 - 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: Anne Taylor Scott
8 -21
REPORT NO.: PSD- 003 -12
Attachments:
Attachment 1 - Key Map
Attachment 2 - By -law for Removal of Holding
List of interested parties to be advised of Council's decision:
Kaitlin Homes Aspen IV Limited
Regional Planning
8 -22
Page 4
Attachment 1
To Report PSD- 003 -12
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Attachment 2
To Report PSD- 003 -12
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 18T- 90051;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By -law 84 -63, as amended, is hereby further amended by
changing the zone designation from:
"Holding — Urban Residential Exception (H)R1 -76 Zone" to "Urban
Residential Exception (R1 -76) 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 -24
This is Schedule "A" to By-law 2011 - Y
passed day of D 1 2011
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Zoning Change From "(H)R1 -76" To "R1 -76"
Patti L. Barrie, Municipal Clerk
Adrian Foster, Mayor
8 -25
Leading the Way
-9 1F.Ark
� N 4 Wei A I
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 9, 2012 Resolution #: By -law #:
Report #: PSD- 004 -12 File #: ZBA 2011 -0029
Subject: PROPOSED ZONING BY -LAW AMENDMENT TO PERMIT AN EXISTING NON-
CONFORMING ACCESSORY BUILDING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD- 004 -12 be received;
2. THAT the rezoning application submitted by Borden Ladner Gervais LLP, on behalf of
Bruce and Karen Ellis, be approved and that the proposed Zoning By -law contained in
Attachment 2 to this Report be passed and that no further public meeting be deemed
necessary; and
3. THAT the Regional Municipality of Durham Planning Department, all interested parties
and any delegations listed in Report PSD- 004 -12 be advised of Council's decision.
Submitted by: 4, Reviewed by:
D v J. r e, MCI(, P
irector of anning Seyrvices
MM /CP /df
3 January 2012
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830
REPORT NO.: PSD -004 -12
1. APPLICATION DETAILS
1.1 Applicant: May Luong, MCIP, RPP, Borden Ladner Gervais LLP
1.2 Owner: Bruce and Karen Ellis
1.3 Proposal: To permit an existing non - conforming accessory building
1.4 Area: 4.3 Hectares
1.5 Location: 7486 Thompson Road, Clarke
2. BACKGROUND
PAGE 2
2.1 On September 21, 2011, May Luong on behalf of Bruce and Karen Ellis submitted an
application for rezoning of the lands known as 7486 Thompson Road in Clarke. The
purpose of the application is to permit an existing non - conforming accessory building
(detached garage) in addition to all uses and structures already permitted on the
property. The statutory public meeting was held on November 28, 2011. Council
directed that the application continue to be processed and that a further
recommendation report be prepared.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The property, located on the west side of Thompson Road and north of Ganaraska
Road, is 4.3 hectares in size and contains a single detached dwelling and two
accessory buildings, one of which is the subject of this application. The property has
numerous trees in the front yard and is surrounded by other rural residential and
agricultural properties.
3.2 The surrounding uses are as follows:
North - Residential
South - Residential
East - Agricultural
West - Residential
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The 2005 Provincial Policy Statement (PPS) states that land must be carefully
managed to promote efficient land use and development patterns which support
strong, liveable and healthy communities, protect the environment and facilitate
economic growth. This proposal is located on an existing rural residential lot and no
new servicing is required. The proposal is consistent with the PPS.
8 -27
REPORT NO.: PSD- 004 -12 PAGE 3
4.2 Greenbelt Plan
The property is located in the Greenbelt Protected Countryside Area. The existing
non - conforming detached garage is not located on a portion of the property that is
within a key natural heritage or hydrological feature. The proposal is consistent with
the Greenbelt Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject property Prime Agricultural
Area and Major Open Space Area. The proposed Zoning By -law Amendment
application does not propose a change from the existing residential use of the
property. The garage is an accessory structure to the main residential use and
therefore the proposal conforms with the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject property "General Agricultural
Area" and "Environmental Protection Area ". The subject detached garage is located in
the "General Agricultural Area" designation. The existing residential use of the
property is permitted, as are accessory structures. This proposal conforms with the
Clarington Official Plan.
6. ZONING BY -LAW
6.1 Zoning By -law 84 -63 zones the subject lands "Agricultural (A)" and "Environmental
Protection (EP) ". The subject detached garage is located in the Agricultural Zone
portion of the property. Accessory buildings are permitted in the "A" Zone provided
that they comply with the General Provisions of the Zoning By -law. These General
Provisions allow a total floor area for all accessory building on this property of not
more than 120 m2. In addition any permitted accessory building on this property is
limited to a maximum height of 4.5 metres. Since the total accessory building floor
area on the property is 230 mZ and the subject detached garage is 6 metres in height,
a rezoning is required to permit the existing non - conforming detached garage.
7. SUMMARY OF BACKGROUND STUDIES
7.1 A Planning Rationale Report was submitted by Borden Ladner Gervais LLP in support
of this application. This report provided an overview of the property and the
surrounding area together with a review of relevant local, Regional and Provincial
Planning documents. The Applicant's consultant indicates that the proposed rezoning
application is consistent with current planning policy and represents good planning.
.
IN .9. [elm N611
8. PUBLIC NOTICE AND SUBMISSIONS
PAGE 4
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
properties and a public meeting notice was installed on the site. As of the writing of
this report, one nearby resident has called in support of the application. A petition in
support of the application was also received. The petition has been signed by
landowners in the immediate vicinity of the subject property.
9. AGENCY COMMENTS
9.1 The Clarington Engineering Services, Building Division, has indicated that a building
permit is required for the detached garage which was constructed without a permit.
9.2 The Clarington Engineering Services Department state that they have no objection to
the proposed zoning change or the oversized accessory building.
9.3 The Region of Durham Planning Department indicated that the subject property is
located in the "Major Open Space" and "Prime Agricultural" designation in the Durham
Regional Official Plan. The structures present on the property are permitted within the
policies of the Durham Region Official Plan.
This application has been screened in accordance with the terms of the provincial plan
review responsibilities. This application is in accordance with applicable provincial
policy.
9.4 The Region of Durham Health Department has no objection to the proposal.
9.5 The Ganaraska Region Conservation Authority has no objection to the approval of the
application. A permit from the Authority is required for the detached garage
constructed without a building permit.
10. STAFF COMMENTS
10.1 The applicant uses the detached garage for personal storage and private amenity
space. The interior of the second floor is finished however there is no plumbing.
Without the plumbing, the space cannot be used as a kitchen or bathroom and
therefore the space is not considered a habitable room under the Zoning By -law.
10.2 This application conforms to the Clarington Official Plan and is consistent with the
Provincial Policy Statement and applicable Provincial Policy.
10.3 In addition to amending the.Zoning By -law to permit the existing accessory buildings
on the property, staff are recommending that a portion of the property currently zoned
Agricultural (A) be rezoned to Environmental Protection (EP), rather than being
included in the Agricultural Exception (A -86) zone. This portion of the property has
been identified as part of the Kendal Wetland Complex and cannot be developed. The
landowners have concurred with the proposed zoning and given the housekeeping
'7
nature of this portion of the amendment, staff support the protection of the wetland
despite this portion of the amendment not being part of the original application, nor
being included in the public notice.
11. CONCURRENCE: Not Applicable
12. CONCLUSION
12.1 The application has been reviewed in consideration of comments received from the
circulated agencies as well as the public, the policies of the Clarington Official Plan
and the Zoning By -law regulations. In consideration of the comments contained in this
report and the minor nature of the application, staff respectfully recommend that the
proposed Zoning By -law Amendment contained in Attachment 2 be APPROVED.
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: Mitch Morawetz
Attachments:
Attachment 1 - Key map
Attachment 2 - By -law
List of interested parties to be notified of Council's decision:
May Luong, Borden Ladner Gervais LLP
Bruce Ellis
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To Report PSD- 004 -12
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2012-
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 -0029;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4 "Special Exceptions - Agricultural (A) Zone" is hereby amended by
adding thereto, the following new Special Exception zone 6.4.86 as follows:
"6.4.86 Agricultural Exception (A -86) Zone
Notwithstanding the provisions of Section 3.1 d., e. those lands zoned A -86 on
the Schedules to this By -law shall permit accessory structures with an aggregate
maximum total floor area of 285 m2, a maximum floor area for any one building of
155 m2, and maximum permitted height of 6 metres. No accessory building shall
contain habitable space ".
2. Schedule "2" to By -law 84 -63,• as amended, is hereby further amended by
changing the zone designation from "Agricultural (A) Zone" to "Agricultural
Exception (A -86) Zone" and "Agricultural (A) Zone" to "Environmental Protection
(EP) Zone" as illustrated on the attached Schedule "A" hereto.
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 2012
BY -LAW read a second time this day of 2012
BY -LAW read a third time and finally passed this day of 2012
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
-8-32
This is Schedule "A" to By-law 2012- ,
passed this day of , 2012 A.D.
® Zoning Change From "A" To "A -86"
® Zoning Change From "A" To "EP"
Zoning to Remain "EP"
Zoning to Remain "A"
Adrian Foster, Mayor
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8 -33
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 09, 2012 Resolution #: By -law #:
Report#: EGD- 001 -12 File #:
Subiect: TRAIN WHISTLE CESSATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD- 001 -12 be received;
2. THAT in the interest of public safety, and liability concerns, the Municipality not
proceed with an anti - whistling by -law as a means of reducing "nuisance noise ";
4. THAT all interested parties listed in Report EGD- 001 -12 be given a copy of this
report.
Submitted by:
AS C/ U B/j b/j o
L-1 Z'� Reviewed by:
A.S. Cannella, C.E.T.
Director of Engineering
Services
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C,3A6 T 905 - 623 -3379
9 -1
REPORT NO.: EGD- 001 -12
1. INTRODUCTION
PAGE 2
The Municipality of Clarington receives requests (approximately one official
request every two years) from residents asking that the municipality approach the
Canadian National Railway or the Canadian Pacific Railway to request train
whistle cessation at public crossings because of the impact this practice has on
the quality of life for those living in close proximity to a rail line.
In Canada trains are required under the Railway Safety Act of 1988 to whistle at all
level (grade) public crossings and difficulties arise from the fact that "most rail
yards and many railway lines were built many years ago in undeveloped areas, far
from homes and businesses. As towns and cities grew, many new
neighbourhoods were built near pre- existing rail operations ". The interesting
paradox arises from the fact that as the number of residents increases in the area
the discomfort and quality of life issues caused by train whistles grows at precisely
the same time as the rising risk caused by increasing traffic volumes on roadways
adjacent to the rail lines.
2. BACKGROUND
In 2001, Council considered a request for whistle cessation in the vicinity of
residential areas (Attachment #1). Council concluded "THAT in the interest of
public safety, and liability concerns, the Municipality not proceed with an anti -
whistling by -law as a means of reducing 'nuisance noise'." Since the issue of anti -
whistling has not been considered by Council since that time, staff participated in
an updated research study of the matter to provide Council with an update on the
status of the muncipality's anti - whistling policy as it pertains to the elimination of
train whistling when approaching level grade crossings.
The municipality is serviced with two main railway lines. The Canadian Pacific
Railway (CP) provides two (2) railway subdivision lines, the Belleville Subdivision
Line running along the lakeshore and the Havelock Subdivision Line running along
the northern extreme running through Burketon. The Canadian National Railway
�ID
REPORT NO.: EGD- 001 -12
PAGE 3
(CN) has the Kingston Subdivision Line running along the lakeshore. The different
types of road /railway crossing for each railway are identified on attachment #2.
3. TRAIN WHISTLING PROTOCOL
Train whistling protocols are strictly regulated and enforced by Transport Canada.
The Canadian Rail Operating Rules (CROR) state that the train whistles will be
sounded (long -long- short - long). Train whistles are safety devices that alert
motorists and pedestrians to the presence of an approaching train. They also warn
trespassers away from the rails right -of -way. Locomotive engineers follow a
detailed set of instructions in the'Canadian Rail Operating Rules (CROR) that
outline when a whistle must be sounded and the whistling sequence to be used.
The CROR were developed jointly by the railways and their unions, and approved
by Transport Canada.
Every at grade crossing is protected by a warning system consisting of either
flashing lights and bells or flashing lights, bells and gates. The CROR specifies
that all trains must sound their whistle at least 400 metres before all public level
crossings for trains exceeding 70 kilometres per hour or at least 20 seconds in
advance of the crossing for trains travelling under 70 kilometres per hour until the
train has occupied the crossing. The whistle must be sounded while approaching
the crossing and until the train has fully occupied the crossing. Train operators can
sound the whistle any time that visibility is impaired (eg. weather, curvature) or in
the event of a safety issue where sounding the train whistle is appropriate.
Locomotive whistles are manufactured to meet sound level and tone requirements
recommended by Transport Canada. The whistles on all locomotives
manufactured since 1982 are push button controlled to provide a cons istent'sound
level. However, local weather conditions and wind direction can affect the noise a
whistle makes. .
9 -3
REPORT NO.: EGD- 001 -12
4. WHISTLE CESSATION
In order for whistle cessation to be considered, the municipality must follow the
requirements outlined in the Transport Canada — Procedure & Conditions for
Eliminating Whistling at Public Crossings — Guideline No. 1 (Attachment #3). In
short:
• The municipality must contact the pertinent railway company to discuss the
matter.
• The municipality must notify the general public and all relevant organizations of
its intent to forbid whistling in the municipality.
• A detailed safety assessment of each crossing at the.crossing and recommend
upgrades which would meet the requirements of Schedule `A' of the above
referenced Guidelines.
• A Public Information Centre is recommended.
• The municipality must pass a resolution of its intent to pass a by -law forbidding
the use of whistles at certain crossings.
• The municipality must implement the upgrades where required to meet the
Guidelines.
• The municipality must enter into an agreement with each railway with respect to
the roles and responsibilities under Section 11 of the Railway Safety Act.
• The railway will then enter into a liability agreement with the municipality and
will obtain additional liability insurance with a recognized commercial insurer to
protect the Municipality and the railway against third party claims for bodily
injury and property damage arising out of or resulting from or connected with
the issuance of an order to stop whistling at this crossing. It must be
understood that the municipality becomes liable for collisions on the tracks if the
automatic gate system fails. This has been a deciding factor against
implementing the ban for many municipalities.
ti
REPORT NO.: EGD- 001 -12
17 -[r1�I
The process to eliminate train whistles can take three to four years to complete,
depending on the number of crossings and the required upgrades to those
crossings.
5. STAFF REVIEW AND ANALYSIS
Staff does not recommend the implementation of anti - whistling primarily due to
reasons that are related to safety. Every year some 350 accidents resulting in over
50 fatalities take place at railway crossings in Canada. Removing whistling at a
safety device cannot be taken lightly as public safety is deemed to be paramount
and so we consider the following:
• The high speed of most trains through Clarington, particularly on the CN line.
• A motorist is 40 times more likely to die in a crash involving a train than in a
collision involving another motor vehicle.
• Risk to the community if there is a collision with cars containing hazardous
materials.
• Proximity to Highway 401 in the event of an accident.
• A typical locomotive with 100 cars attached can weigh approximately 6,000 tons.
The weight ratio of an automobile to a train is compared to a pop can and an
automobile.
• Trains require one mile to stop and modern trains are much quieter than their
predecessors, in fact approaching trains will always be closer and moving faster
than people think.
• Approximately 50% of vehicle /train collisions occur at crossings with active
warning devices (gates, lights, bells).
• Motorists and pedestrians are distracted by different technological devices (cell
phones, blackberries, (pods, MP3 players, etc.) and are not always paying
attention to their surroundings, we can understand how important train whistles,
which can be heard over iPods and MP3 players, really are.
• The risk of cars weaving through the barricades when they occasionally get stuck
in the "down" position.
Lack of upgrades that effectively protect pedestrians and cyclists.
9 -5
REPORT NO.: EGD- 001 -12 PAGE 6
In 1999 the City of Brockville implemented whistle cessation in its municipality. In
2005, a tragic accident involving two young pedestrians resulted in the death of one
youngster and serious injury to the other. The teens noted the gates, bells and
flashing lights at the railway crossing and understood that this meant a train was
coming. What they could not and tragically did not understand was that while a first
train had passed in one direction they were proceeding directly into the oncoming
path of a second train which was travelling towards them from the opposite
direction. The railway immediately restored whistling at this crossing.
6. RISK MANAGEMENT AND LIABILITY
As mentioned earlier, if a whistle cessation by -law is put in place the railway must
enter into a liability agreement with the municipality and obtain additional liability
insurance with a recognized commercial insurer to protect the municipality and the
railway against third party claims for bodily injury and property damage arising out of
or resulting from or connected with the issuance of an order to stop whistling at this
crossing. The cost of this additional liability coverage will be passed along to the
municipality along with the cost of upgrades (such as fencing), continual monitoring,
inspection, repairs maintenance and more.
The Director of Risk Management Services at Frank Cowan Company had this to
say about the possibility of passing whistle cessation by -laws in Clarington:
"From a risk management perspective, we do not recommend the cessation of
rail whistles at rail crossings. According to the Railway Association of Canada,
train whistles are vital safety features that protect motorists and pedestrians from
collisions at public road and pedestrian rail crossings. We believe as does the
association, that train whistles save lives ".
We must also consider the importance of a uniform train whistle protocol across
Clarington. Imagine if whistle cessation by -laws were passed for select locations,
but not all, the risk that might arise if a youngster from one area were visiting a friend
in another and relying upon the fact that everywhere else across Clarington one
REPORT NO.: EGD- 001 -12
i,
Telm
could count upon the sound of a whistle to act as the final alert that an oncoming
train is approaching. Any loss of life is irreplaceable.
Railways are unlikely to consider whistle cessation at individual crossings and CN
has advised that they would not likely support the inconsistent application of whistle
cessation as it can be confusing to the train crews. As well, whistling at one
crossing can lead to a false sense of security at the crossing with no whistle.
7. CONCURRENCE — Nancy Taylor, Director of Finance.
8. CONCLUSION
A current study of whistle cessation has led staff to recommend that the municipality
not pursue anti - whistling on either the CN or CP rail lines due to significant concerns
for public safety (particularly in the presence of reported pedestrian trespass) and for
increased liability exposure.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Leslie J. Benson, P.Eng., Manager, Transportation and Design
Attachments:
Attachment 1 — Report WD- 33 -01, Train Whistling and Flat Spots
Attachment 2 — Canadian Railway Network Key Map
Attachment 3 — Procedure & Conditions for Eliminating Whistling at Public Crossings
(Transport Canada)
9 -7
5 �
ATTACHMENT N0.:1
REPORT NO.: EGD- 001 -12
THE CORPORATION OF THE MYJNICIPALITY OF CLARINGTON
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File'#
Date: JUNE 18, 2001 Res. #
Report Noe: WD -33 -01 Our File No.: RR. 10.1'0 By -Law #
Subject TRAIN WHISTLING AND FLAT SPOTS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report WD -33 -01 be received;
2. THAT in. the interest of public safety, and liability concerns, the Municipality not proceed
with an anti- whistling by -law as a means of reducing "nuisance noise ";
3. THAT staff not proceed with a formal request and pay subsequent inspection costs of
approximately $400.00 to the rail authority to consider an anti- whistling policy at the
Scugog Street, Bowmanville crossing;
4. THAT staff not proceed with a formal request(s) and pay subsequent inspection costs of
approximately $400.00 per crossing to the rail authority(s) to consider an anti - whistling
policy at the following. locations which already have the minimum protection of railway
gates or where gates are approved for 2001:
• Port Darlington Road, Bowmanville, C.N.R.
• Toronto Street, Newcastle, C.N.R.
• Metcalf Street, Newcastle, C.N.R.
• Riley Road, Newcastle, C.N.R.
• East Townline Road, Former Clarke Township, C.N.R.
9_8 �' � 714
REPORT NO.: WD -33 -01 PAGE 2
® Darlington Park Road, Courtice, C.N.R.
® Bennett Road, Bowmanville, C.N.R.
® Cobbledick Road, Newcastle, C.N.R
® Baseline Road (McKight Road), Courtice, C.P.R
® Trails Road, Courtice, C.P.R.; and
5: THAT Mr. Doug Hately be provided with a copy of this report.
REPORT
1.0 ATTACE MIENTS
No. 1: ' Correspondence dated October 1, 1999 from C.P.R.
No. 2: - Correspondence dated October 5, 1999 from C.N.R.
No. 3: Correspondence received October 25, 1999 from Mr. D. Hately
No. 4: Transport Canada Railway Safety Directorate Guideline No. 1, Procedure and
conditions for eliminating whistling at public crossings dated August 13, 1999
received June 2000
No. 5: Key map showing level railway crossings which have protective crossing gates or
are approved for 2001, which is a minimum requirement before anti - whistling can
be considered.
2.0 ' BACKGROUND I . , .
2.1 At a meeting held October. 25, 1999, Council passed the following resolution:
"THAT Correspondence Item 1 -10 and Item I -11 be received for information;
and
THAT Correspondence Item I -10 and Item. I -11 be referred to the' By -law
and Works Departments in order to meet with C.P.R. and C.N.R. staff in
order to mediate excessive noise from train whistling and also review the
warrants for protective crossing gates and report back to Council."
7 15 9 -9
M
REPORT NO.: WIC -33 -01 PAGE 3
2.2 At a meeting held on November 8, 1999, Council passed the following resolution:
"THAT Correspondence dated October 20, .1.999 from Mr. D. Hately be
referred to the By -law and Works Departments in order to meet with C.P.R.
and C.N.R. staff in order to mediate excessive noise from train whistling and
also review the warrants for protective crossing gates and report back to
Council."
3.0 REVIEW AND CONE14ENT
3.1 Protective Gates at Scugog Street, Bowmanville
Staff met with representatives of Transport Canada and C.P.R. during June of 2000 and all
Parties agreed that with existing and future traffic volumes that the addition of gates would
improve public safety. This budget item in the amount of $21,000.00 was approved in the
2001 budget.
3.2 Other At -Grade Crossing Locations Requiring Protective Gates
Transport Canada,. C.P.R. and Public Works have also identified the following locations
where upgrades to provide gates are approved in the 2001 budget:
• Trulls Road north of Baseline Road
• Baseline Road east of McKnight Road
3.3 Flat Spots
Residents .occasionally complain of excessive train noises, which they believe to be "flat
spots" on train wheels. -Such wheel'abnormalities are the focus of rigorous inspection and
_repair programs and are rare occurrences. All railway crossings are posted with a 24 -hour
toll free phone number and a crossing identification number for anyone to call if they are
-aware of an urgent safety problem.
71 h
A
REPORT NO.: WD -33 -01
PAGE 4
3.4 Train Whistling Regulations
Whistling in Canada is governed by Transport Canada — Railway Operating Rules, which
state that:
"Long — long- short — long
At least one - quarter of a mile from every public crossing at grade (except
within limits as may be prescribed in special instructions), to be prolonged or
repeated according to the speed of the movement until the crossing is fully
occupied by the engine or cars.
At frequent intervals when view is restricted by weather, curvature or other
conditions." .
The train engineer has the right and is obligated to sound a whistle at any time hazardous
conditions are encountered or perceived and may do so notwithstanding the existence of an
anti - whistling by -law.
The whistles on all trains manufactured since 1982 are push button controlled to provide a
consistent sound level. However, local weather conditions and wind direction can affect the
noise a whistle makes:
3.5 Anti- Whistling By -Laws
The railways and Transport Canada both recognize that precautionary whistling can be a
nuisance for occupants of dwellings close to the railway. In this regard, the parties are
prepared to, work with municipal governments to establish exemptions from the whistling
rule, providing that to do so, does not compromise public safety. The Municipality must
meet .Transport Canada's guidelines for eliminating whistling, at a public. crossing. The
guideline is neither a regulation, nor an order. Therefore, it does not have the force o law.
If an accident were to occur, the Municipality who made the change would-be* under a
shicter duty of care.
717 9-11
9 -12
PAGE 5
An anti - whistling by -law establishes a methodology for removing the use of train whistles at
at -grade crossings, provided that other safety elements including flashing lights, bells and
gates are in place. Additional safety requirements may include chainlink fencing, signing,
brushing or even consideration of a pedestrian overpass to resolve trespassing problems.
3.6 Whistling at Scugog Street At -Grade Crossing .
This location cannot be considered for inclusion in an anti- whistling by -law until after the
gates have.been installed. After the gates are installed, this location should be reviewed for
other safety concerns before any consideration is given to an anti- whistling by -law. There is
a trespassing concern in this area where pedestrians have climbed or cut the chain link
fencing near the north end of Waverley Road and walk along the tracks over King Street. A
J.
fatality also occurred a number of years ago when a pedestrian was killed while trespassing
on the tracks at the Liberty Street Bridge.
3.7 Insurance
The Municipality would be required to execute an insurance agreement with the rail
authority, .whereby the parties equally share the cost of the annual insurance premium per
crossing. Approximate annual municipal cost Would range from $1,000.00 to $1,300.00 per
crossing (11 (eleven) crossings in total) with a $10,000.00 deductible. These costs are also
subject to escalation and would be in perpetuity. The premiums would be subject to
significant increase depending upon the number and extent of claims at a given crossing.
An initial inspection fee would also apply, which must be paid for solely by the
Municipality. At this point it is uncertain whether the municipal insurance pool would
require separate policies outside of the pool. It should also'be noted that the liability may
reside entirely with the Municipality if it proceeds with the no whistling policy.
3.8 Risk Management
The Railway and the Municipality are the only authorities responsible for anti - whistling; this
gives individuals who suffer damage as a result of a crossing accident the right to question
the decision to cease whistling in court. The thought of removing whistling as a safety
device cannot be taken lightly, as a collision with a freight train loaded with chemicals could
ME
REPORT lit®.: WD -33 -01
Mwwrllll
impact the entire community. Poor sight lines at railway crossings are an area of municipal
exposure that is on the increase. Without the train whistle, proper sight lines become critical
for safety and the courts in recent case law have demonstrated no reluctance to impose
liability when vision was 'a factor.
According to C.N. Rail: "Every year some 350 accidents resulting in over 50 fatalities take
place at railway crossings in Canada". There is a concern that removal of train whistling
may affect the current insurance pool. As well, in case law, anti - whistling by -laws place an
additional liability with respect to repair of level crossing safety equipment. 'The road
authority is frequently found primarily responsible for property damage claims by third
parties (i.e. vehicle damage). The same is also true for bodily injury.
3.9 Future Anti - Whistling Requests
If anti - whistling is introduced at one crossing. in Clarington, additional requests are sure f�,
follow. In fact, if Staff and Council are-prepared to support anti - whistling at any one urban
crossing, then a proactive approach to the other Clarington crossings should be consi,_:;.:d.
Due to the costs and increased risk of accidents if whistling is removed, such policies should
only apply in urban areas, where "nuisance whistling" affects thousands of residents.
Anti = whistling by -laws- cannot be introduced at a crossing unless other safety devices
including railway gates are in place. Railway gate systems cost approximately $175,000.uO,
with Transport Canada funding 80% and the railway contributing 8 %, leaving 12% for the
road authority. Neither Transport Canada nor the rail authority will contribute their share
just to introduce anti- whistling. To justify the expenditure of gates, there must be a real
safety concern such as a double track, a siding adjacent to a track, high accident exposure
factors based on automotive /train volumes and speeds, or accident history.
9 -13
719
9 -14
REPORT NO.: VD -33 -01
PAGE 7
3.10 Costs
The introduction of .anti - whistling policies will add to municipal budgets in a number of
ways.
• Staff time, fencing inspections
• Railway Safety Inspections
• Additional insurance with costs subject to increases from liability claims
($10,000.00 deductible)
• Cost of safety protection upgrades to meet anti - whistling guidelines
• Additional annual maintenance costs for fencing and other safety devices
3.11 Other.Municipalities
The City of Oshawa introduced anti - whistling at three crossings during July 2000 but still
receive complaints. because the by -law only removes the legal obligation for the train
engineer to sound the whistle. Many train engineers still sound the whistle because they feel
it is a necessary safety feature while-other's sound the whistle anytime they see motorists or
pedestrians near the crossing or along the tracks. The Town of Cobourg is funding a safety
review to determine what upgrades and costs would be involved to reduce whistling to
benefit tourism. The Town of Port Hope has rejected the anti- whistling requests.to maintain
a higher level of safety while avoiding costly upgrades and liability concerns.
4.0 CONCLUSION
4.1 The removal of whistling as a safety device cannot be taken lightly, as the additional costs of
insurance, accident claims, annual maintenance and staff time will impact the entire
community. From a staff perspective, the removal of the whistling safety device cannot be
supported. In other areas where anti- whistling by -laws have been approved, it has been a
Council decision when the community feels the benefit of stopping "nuisance whistling "for
nearby residents outweighs the costs involved and increased risks to residents, pedestrians
and motorists.
7 ? A
REPORT NO.: WD -33 -01
Respectfully submitted,
Stephen A. Vokes, P. Eng.,
Director of Public Works
RDB *S"*Ce
11/06/01
Pc: Mr. Doug Hately
3 First Street
Bowmanville, ON
L1C -2A2
Reviewed by,
Franklin Wu,
Chief Administrative Officer
70 t
9 -15
�V
am
October 1, 1999
John Mutton
Regional Councillor
Paui Thurst:an Suite 200 Tel (416) 595 -3032
°rXZge 40 University Avenue
Public Affm and Media Relations
Toronto Ontano
M51 ITI
Municipality of Clarington
Regional Municipality of Durham
40 Temperance Street
Bowmanville, ON, L 1 C 3A6
Dear Mr. Mutton,
In response to your September 24 letter regarding complaints of excessive
whistling in Bowmanville and noise from railway equipment, please refer to the
following -excerpts from Transport - Canada - approved Canadian Railway Operating
Rules:
14 (1) long - long - short - long
(ii) At least one - quarter of a mile from every public crossing at grade (except
within limits as maybe prescribed in special instructions), to be prolonged or
repeated according to the speed of the movement until the crossing is fully
occupied by the engine or cars.'
(iii) At frequent intervals when view is restricted by weather, curvature or other
conditions.
While we are required to adhere to procedures which have the weight of federal
regulations, the Canadian Pacific Railway and its eastern subsidiary,' the St.
Lawrence & Hudson Railway, recognize that precautionary whistling can be a
nuisance for occupants of dwellings close to the railway. In this regard, we are
prepared to work with municipal governments wishing to establish exemptions
from the whistling rule, providing that to do so would not compromise public
safety. For further information, please contact Gerry McKechn'ie, Public Affairs
Officer, St.*Lawrence & Hudson Railway, 416 595 -3010.
...;2
ATTACHMENT NO.: 1
r�L+nA1nm ATrI . "M 1212 Al
am
October 1, 1999
John Mutton
Regional Councillor
Paui Thurst:an Suite 200 Tel (416) 595 -3032
°rXZge 40 University Avenue
Public Affm and Media Relations
Toronto Ontano
M51 ITI
Municipality of Clarington
Regional Municipality of Durham
40 Temperance Street
Bowmanville, ON, L 1 C 3A6
Dear Mr. Mutton,
In response to your September 24 letter regarding complaints of excessive
whistling in Bowmanville and noise from railway equipment, please refer to the
following -excerpts from Transport - Canada - approved Canadian Railway Operating
Rules:
14 (1) long - long - short - long
(ii) At least one - quarter of a mile from every public crossing at grade (except
within limits as maybe prescribed in special instructions), to be prolonged or
repeated according to the speed of the movement until the crossing is fully
occupied by the engine or cars.'
(iii) At frequent intervals when view is restricted by weather, curvature or other
conditions.
While we are required to adhere to procedures which have the weight of federal
regulations, the Canadian Pacific Railway and its eastern subsidiary,' the St.
Lawrence & Hudson Railway, recognize that precautionary whistling can be a
nuisance for occupants of dwellings close to the railway. In this regard, we are
prepared to work with municipal governments wishing to establish exemptions
from the whistling rule, providing that to do so would not compromise public
safety. For further information, please contact Gerry McKechn'ie, Public Affairs
Officer, St.*Lawrence & Hudson Railway, 416 595 -3010.
...;2
ATTACHMENT NO.: 1
r�L+nA1nm ATrI . "M 1212 Al
In regard to reports of flat -spots on*trairi wheels, please understand that a variety
of noises made by.trains in the normal course of daily operations can sound -
similar to those that would be produced by wheel abnormalities, Such
abnormalities are the focus of rigorous inspection and repair programs. and are in
fact rare occurrences.
However, should evidence of such a condition (or any other hazard) become
apparent, your constituents should be aware that a toll -free telephone number is
posted at every St. Lawrence & Hudson public railway crossing. For your records,
the number is 800716 -9132. Any responsible person who may become aware of
an urgent safety problem should be encouraged to telephone that number at any
hour of the day or night.
N
Yours truly,
Paul Thurston
Manager, Public Affairs & Media Relations
Canadian Pacific RailWay, TORONTO
cc G.D. McKechnie,
Public Affairs Officer
St. Lawrence & Hudson Railwav
9 -17
October 5, 1999
1 -11
I •3 J
Her Worship Mayor Diane Hamre
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Noise from train operations = including train whistling _ is a fact of life for man
Canad.iarts who live near railway facilities.
nuisance that "someone" should remove. In fact, train whistling is often considered a
However most people don't fully understand that train whistles, together with crossing
Protection, are a key element in ensuring
any change in their use requires careful cg nsideratio by at both to intersections. i AS such,
regulator, Transport Canada. y and its
The accompanying pamphlet explains -'in clear terms - the regulatory and safety
reasons behind train whistling, who regulates train whistling, and the process for
implementing an anti- whistling bylaw should a community desire that option.
We trust that this information will prove useful to you and to those of your constituents
with questions about train whistlin
contacting our toll-free public enquiries line at Additional copies of this pamphlet are available by
available to handle your tequest during core business hours. here an operator is
Thank you.
• �� � �' _ .. _ ._ �1'i"; t:� Jed
_Z�
Ian Thomson -`- -
Director'- Public Affairs
Enclosure
9 =18
ATTACHMENT No.:-2-
3 Fff zt Street
Danville ON LIC2A2
.October 20,1999
Mayor and Council Members
Municipality of Clarjngton
40,Temperance Street
Bowmanville, ON LIC 3A6
-COUNCIL DIRECTION
- D-5
OcT.25 2 is
Quality Of Iffe in amtral BOWManWle would be improved if the horn blowi%for the CPR
aDW4V2t SaxJO9 Street were discmftued. Cmssnggatesv uldh t
and Insurance w c) ies addressed. 0 ave be •r. e•
The City of Osh� has been successful in elim inating hom bloviing -at a number of
bmtions, but ft •' • -• is time mmm-
:ng ar,--; -aiwlves the Canadian Transport
Commk-.�, the railway and the municipality. peter Stevenson at the City0f Oshawa
Transpodation Depwtnent (Plione 436-5608 ExL 281) can Provide details.
Will council Support a motion to study and implement the effmi-f . . . . . . . .
Sincerely
11� W�j
Doug W. Hatefy
905-697-0275
CLERK
1'ACK. BY
MIGNAL
,• ............ :
9-19
725 ATTACIEVIENT NO.: 3
M,
PROCEDURE AND CONDITIONS FOR 8L.IMINATING WHISTLING
AT PUBLIC CROSSINGS
Background
Engine whaling requirements are controlled through the Carmdian. Rail.
Operating Rules (CROR). Ruh 14(L)(ii) requires whistling.for public crossings at grade
"except as may be prescribed in special instructions ". The railway company can initiate an
exemption by issuing an instruction which eliminates the application of rule 14(L) (i7.
Procedure
Municipalities seeking relief from whistling at public crossings must now
contact the pertinent railway company directly to discuss the matter. At the same time, the
municipality must also notify the general public and all relevant organizations of its intention
to pass a resolution forbidding the use of whistles in the area. The organizations are shown
in Schedule D. For any crossings where the road authority is not the municipality itself, then
the road authority must also be contacted. If the municipality and the railway company, and
the road authority where the road authority is not the municipality itseff, are in agreement,
and the crossings meet the requirements outlined in Schedule A attached, the .municipality
should pass a motion prohibiting whistling. If a dispute arises-, one or the other party may
contact the pertinent regional director of the Surface Group in order to mediate (addresses
listed in Schedule C).
0
August 13, 1999
ATTACHMENT NO.: 4
2
!Where an agreement has been ruched between the railway and the municipality
(and the road authority, in the above- mentioned case) that whistling. may be discontinued,
the railway should arrange to have the crossings inspected by a Transport Canada railway
safety officer. If the officer is of the opinion that the crossings meet the conditions contained
in Schedule "A" of this guideline, Transport Canada's Director General Railway Safety will
confirm this :opinion by letter {sample letter attached es Schedule "B ") to the railway
involved, following which, the railway may issue special inshuctions eliminating the
application of CROR Rule 14(L)(ii) at the crossings.
If the crossing meets the conditions contained in Schedule "A" of this
guideline but the. officer has some safety concerns, the correction of which is a
straightforward matter (for example: brush clearing, signal circuit. shortening), they will be
identified in the letter. They should be addressed prior to the elimination of whistling at the
crossing.
If the crossing does not meet the general conditions set out in Schedule "A" or
if there is a serious safety concem, the parties will be advised by letter that the whistling
should be retained. Once the corrective measures have been carried out, the officer may
be invited to reinspect the locations. Examples of such problems- are trespassing, the
absence of necessary automatic waming devices, and so forth.
Ordinadly, the officer will visit the site after the railway's request: however, he
or she may become involved sooner
® 7.17
9 -21
3
In the case where the railway does not agree to a prohibition of whistling, it
should inform the municipality of its reasons and also advise Transport Canada..
Coridifions
The following outlines suggested conditions for crossings where relief from whistling is
being sought
. Crossing warning systems should be as indicated on the attached Schedule A.
2.. Generally, whistling restrictions should be on a 24 hour basis. Under .exceptional
circumstances, and following consultation with Transport Canada, relief from
whistling may be permitted between the hours of 2200 and 0700, local time.
However the protection requirements should be the same as those required for a 24
hourrwhistling relief.
3. Rules, respecting the sounding of locomotive bells, should still apply.
4. Vftre a crossing has experienced two or more accidents in he past five years,
even if the requirements laid out in Schedule A are met, the railway should refer the
matter to the appropriate regional director of the Surface Group for a thorough safety
review before whistling is discontinued.
s
7-7 Q
9
TRANSPORT GUIDELINE NO. I
. D?
WARNING SYSTEMS REQUIRED WHERE WHISTLING IS TO BE ELIMINATED
Except in uses where there is no possibilityof a second train occurrence.
Notes:
1. Railway advance Warning signs (Type VVC-4; 4L or 4R) should be installed on all
vehicular approaches as per clause A.3.71 of the Manual on Uniform Traffic
Control Devices for Canada.
IN
o '
..:.... ........: .
.....................:..... .
...:.:...:.:...:.......... .
August 13, 1999 23
I�flotor Vehicle Crossings
Pedestrian/Bikeway
Crossings
(not adjacent fo motor vehicle
Maximum Train
crossings)
Sgeed at Crossing
No of Tracks
No of Tracks
®
2ormore
1
2ormore
Stop & proceed
Flagging
Flagging
RCS
RCS
or FL8
or FLB
(Note 2)
(Note 21
Up to 15 m.p.h.
FLB-
FLB & G
FE3 gging, or
Fagging, or
maze barriers
maze barriers
& gtds
& guide
fencing
fencing
(Note 5)
(Note 5)
16 - 65 m.p.h.
FLB
FLB & G
FLB, maze
FLB &'G
barriers &
guide fencing
(Note 5)
®ver65 m.p.h.
FLB & G
.FLB & G
FLB & G
FLB & G
Except in uses where there is no possibilityof a second train occurrence.
Notes:
1. Railway advance Warning signs (Type VVC-4; 4L or 4R) should be installed on all
vehicular approaches as per clause A.3.71 of the Manual on Uniform Traffic
Control Devices for Canada.
IN
o '
..:.... ........: .
.....................:..... .
...:.:...:.:...:.......... .
August 13, 1999 23
2. RCS is pictogram type reflectorized crossing sign. These are mandatory at all
public crossings.
3. FL® is flashing lights and hell.
4. FLB & G* is flashing lights, bell and gates.
5. Guide fencing is for the purpose of preventing detours around' the maze
barriers. The design should be site specific.
6. Additional signs, signals, or a combination thereof maybe required if specific
safety problems exist at a particular crossing or if requirements, as outlined in
thegrade crossing regulations, exist for a higher form of protection.
7. Normal railway operations shall riot result in approach warning times of an
automatic warning system of more than 13 seconds longer than the "Approach
Waming Time ".
8. Traffic signals within 30m of a crossing with automati c warning systems shall be
Interconnected. Traffic signals over 30m from a crossing with automatic
warning systems shall be interconnected if queued traffic reaches the crossing.
9. Notwithstanding the above, there may be other safety factors such as a high
level of trespassing, and frequently poor environmental conditions, including fog
or blowing snow, which may require a higher level of crossing protection -or else
the retention of whistling.
9 =24
August 13, 1999 _
SCHEDULES
The items in brackets (..... j should be used only if necessary
Place de Ville, Tower C
10'' Floor
330, Sparks Street
Ottawa, Ontario
K1A ON5
7 September 1990
Dear Mr.
As requested in your letter of ........... a railway safety officer on .. (date) has
inspected the crossings] at mileage[s] .............. of ur subdivision.
At the time of his inspection the railway safety officer was of the view that the
crossings] met the'conditions contained in Transport Canada Railway Safety
Directorate Guideline No. 1.
[However the officer noted the following *deficiencies which should be corrected
regardless of any plans to cease whistling at the crossings:
Under the circumstances there would appear to be no reason why (railway
company) may not issue a special instruction which would prohibit the application of
CROR rule 14 (1)(ii) at the above crossings] [once the above -noted deficiencies
have been rectified]. At the same time I would ask you to bring the provisions of
CROR rule 14 (f) to the attention of train crews operating in this area.
Yours sincerely,
Director General
Railway Safety
August 13, 19N
9 -25
-77 1
Regional Director
Atlantic Region
Transport Canada
Heritage Court, Suite 418
95 Foundry Street
Moncton, N.B.
E1 C 5H7
Tel. 506 - 851 -2298
Fax. 506 -851 -7042
Regional Director
Ontario Region
Transport Canada
,20 Toronto Street, Suite 600
Toronto, Ontario
MSC. 288
Tel. 416 -973 -9820
Fax. 416- 973 -9907
Regional Director
Pacific Region
Transport Canada
#225 - 625 Agnes Street
New Mstminster, B.C.
V3M 51'4
Tel. 604 -666 -2955
Fax. 604 -666 -7747
SCHEDULE C
REGIONAL OFFICES
RAILWAY SAFETY
Reg ional'Director
Quebec Region
Transport Canada
Suite 638
800 Ren6 Levesque Blvd. West
Montr6ai; Quebec
H3B 1X9
Tel. 514283 -5722
Fax. 514 -283 -8234
Regional Director
Prairie and Northern Region
Transport Canada
344 Edmonton -Street, Room 402
Winnipeg, Manitoba
R3 B 21-4
Tel. 204- 983 -5969
Fax. 204 -983 -8992
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9 -26
RELEVANT ORGANIZATIONS
Mr. Tim Secord
Canadian Legislative Director
United Transportation Union
1595 Telesat Court
GLOUCESTER, Ontario
K1 B 5 R3
Tel. (613)747 -7979
Mr. Gary Housch
Vice President
Brotherhood of Maintenance of Way
Employees
2775 Lancaster Road #1
OTTAWA, Ontario
K1 B 4V8
Tel. (613)731 -7356
SCHEDULED
Mr. George Hucker
Vice President and National Legislative
Representative
Brotherhood of Locomotive Engineers
150 Metcalfe Street, Suite 1401
OTTAWA, Ontario
K2P 1 P 1
Tel. (613)235 -1828
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Procedure &. Conditions.For I
Eliminating Whistling
At Public Crossings
Guideline No. 1
Background
Engine whistling requirements are controlled through the Canadian Rail Operating Rules
(CROR). Rule 14(L)(ii) requires whistling for public crossings at grade "except as may be
prescribed in special instructions ". The railway company can initiate an exemption by issuing
an instruction, which eliminates the application of rule 14(L)(ii).
Procedure
Municipalities seeking relief from whistling at public crossings must now contact the
pertinent railway company directly to discuss the matter. At the same time, the municipality
must also notify the general public and all relevant organizations of its intention to pass a
resolution forbidding the use of whistles in the area. The organizations are shown in
Schedule C. For any crossings where the road authority is not.the municipality itself, then the
road authority must also be contacted. The responsible authorities, which are the municipality
and the railway company, and the road authority where the road authority is not the
municipality, shall jointly conduct a detailed safety assessment of the grade crossings. If the
responsible authorities are in agreement, and the crossings meet the requirements of this
Guideline, the municipality should pass a motion prohibiting whistling.
Where an agreement has been reached between the railway and the municipality (and the
road authority, in the above - mentioned case) that whistling may be discontinued, the railway
can arrange to have the whistling discontinued. The parties may request a Transport Canada
railway safety inspector to inspect .the crossing to confirm their assessment that the crossing
meets the requirements of the guideline. If the inspector is of the opinion that the crossings
meet the conditions contained in Schedule "A" of this guideline, Transport Canada's Director
General Railway Safety will confirm this opinion by letter to the railway involved, following
which, the railway may issue special instructions eliminating the application of CROR Rule
14(L)(ii) at the crossings.
If the crossing meets the conditions contained, in Schedule "A" of this guideline but the
inspector has some safety concerns, the correction of which is a straightforward matter (for
example: brush clearing, simple signal circuit shortening), they will be identified in the letter.
They should be addressed prior to the elimination of whistling at the crossing.
If the crossing does not meet the general conditions set out in Schedule "A" or if there is a
serious safety concern, the parties will be advised by letter of the safety concerns and that the
whistling should be retained. Once the corrective measures have been carried out, the
inspector may again be invited to re- inspect the. locations. Examples of such problems are
trespassing, queuing, the, absence of necessary automatic warning devices, and so forth.
Ordinarily, the inspector will visit the site after the railway request; however, he or she may
become involved sooner.
In the case where the railway does not agree to a prohibition of whistling, it should inform
the municipality of its reasons and also advise Transport Canada.
All parties involved in this whistling elimination process must remain aware of their roles
and responsibilities under Section 11 of the Railway Safety Act (RSA). Further information
on these roles and responsibilities can be found in section 1.3 of the Guideline - Engineering
Work Related to Railway Works (Section 11 - Railway Safety Act). .
Conditions
The following outlines suggested conditions for crossings where relief from whistling is
being sought:
1. Crossing warning systems should be as indicated on the attached Schedule A.
2. Generally, whistling restrictions should be on a 24 hour basis. Under exceptional
circumstances, and following consultation with Transport Canada, relief from
whistling may be permitted between the hours of 2200 and 0700, local time.
However the protection requirements should be the same as those required for a
24 hour whistling relief.
3. Rules, respecting the sounding of locomotive bells, should still apply.
4. Where a crossing has experienced two or more accidents in the past five years,
even if the requirements laid out in Schedule A are met, the responsible
authorities should undertake a thorough safety review.
Schedule A
Warning Systems Required Where Whistling Is To Be Eliminated
Maximum Train'
Speed at
Crossing
Motor Vehicle
Crossings (No. of
Tracks)
Pedestrian/Bikeway Crossings (not
adjacent to motor vehicle crossings) (No. of
Tracks)
1
( 2 or more
1
2 or more
Stop & proceed
Flagging or .
FLB
Flagging or
FLB
[RCS (Note 2)
RCS (Note 2)
Up to 15 m.p.h.
FLB
FLB & G*
Flagging, or maze
barriers & guide
Flagging, or maze
barriers & guide
fencing (Note 5)
fencing (Note 5)
16 - 50 m.p.h.
FLB
[FLB & G
FLB maze barriers &
guide fencing (Note 5)
FLB & G
Over 50 m.p.h.
FLB & G
FLB & G JFLB
& G
FLB & G
* Except in cases where there is no possibility of a second train occurrence.
9 -32
1
Notes:
1. Railway advance warning signs (Type WA -18, 18L, 18R, 19R, 20R) should be
installed on all vehicular approaches as per clause A.3.4.2 of the Manual on Uniform
Traffic Control Devices for Canada.
2. RCS is pictogram type reflectorized crossing sign. These are mandatory at all public
crossings.
3. FLB is flashing lights and bell.
4. FLB & G is flashing lights, bell and gates.
5. Guide fencing is for the purpose of preventing detours around the maze barriers. The
design should be site specific.
6. Additional signs, signals, or a combination thereof may be required if specific safety
problems exist at a particular crossing or if requirements, as outlined in the grade
crossing regulations, exist for a higher form of protection.
7. Normal railway operations shall not result in approach warning times- of an automatic
warning system of more than 13 seconds longer than the "Approach Warning Time ".
8. Traffic signals within 30m of a crossing with automatic warning systems shall be
interconnected. Traffic signals over 30m from a crossing with automatic warning
systems shall be interconnected if queued traffic reaches the crossing.
9. Notwithstanding the above, there may be other safety factors such as a high level of
trespassing, queuing, and frequently poor environmental conditions, including fog or
blowing snow, which may require a higher level of crossing protection or else the
retention of whistling.
Schedule B - National headquarters and Regional offices
Transport Canada - Rail Safety
Rail Safety Branch
427 Laurier Street West,
Ottawa, Ontario
KlA ON5
Telephone: 613- 998 -2985
TTY: 1- 888 -675 -6863
Email: rail safety(a,tc.gc.ca
Website: http://www.te.ge.ca/eng/railsafe!y/�meliu.htm
ca /eng /railsafety/menu.htm
Regional offices
The following regional sites provide information on services and activities as well as local
contacts.
• Atlantic Region - http: / /www.tc. cg ca/eng /atlantic /menu.htm
• Ontario Region - http: / /www.te. cg ca /eng /ontario /rail- menu- 1360.htin
• Pacific Region - http:// www .tc.gc.ca /eng/pacific /menu,htm
• Prairie & Northern Region - http://www.tc.gc.ca/eng/Trairieandno.rtheiii/iiienu.htn-1
• Quebec Region - http: / /www.tc. cg ca/en�,,/quebee /rail- menu- 1453.htm
Schedule C - Relevant Organizations
Mr. B, McDonagh
National Representative
CAW
326 -12th Street, 12th Floor
New Westminster, B.C.
V3M 4116
Mr. Brehl
President .
Teamsters Rail Conference Canada (MWED)
2775 Lancaster Road, Suite 1
Ottawa, Ontario
K1B 4V8
Mr. Rob Smith
National Legislative Director
Teamsters Rail Conference Canada
130 Albert Street, Suite 1710
Ottawa, Ontario
KIP 5G4
Mr. K. Depuck
National Advisor
Teamsters Rail Conference Canada (M)UD)
2.775 Lancaster Road, Suite 1
Ottawa, Ontario
K1B 4V8
Date: January 9, 2012 ' Resolution #: By-law #:
Report#: EGD- 002 -12 File #:
• • .,
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report EGD- 002 -12 be received; and
2. THAT the Region of Durham be.requested to provide Bikelinx funding for
sheltered bicycle parking in Clarington at the locations identified in this report
3. That should Clarington receive funding the Mayor and Municipal Clerk be
authorized to execute an agreement with the Region governing the expenditure
of the funds.
Submitted by:
ASC /jo
2
A.S. Cannella, C.E.T.
Director of Engineering
Services
r 1
Reviewed by:
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
9 °35
The Region of Durham has $147,328 of Metrol-inx funding to provide sheltered,
safe and secure bicycle parking at strategic locations at or near key transit stops.
The Region has requested that each of its area municipalities submit an application
by January 31, 2012 if they wish to receive a portion of that funding.
The eligibility criteria for Bikelinx Funding is "Permanent, sheltered, safe and secure
parking for bicycles, integrated with municipal and regional transit." ,
If awarded funding the Municipality will be required to enter into an agreement with
the Region governing the expenditure of the funds. The municipality would
acknowledge the acceptance of any future maintenance, repair and replacement
costs.
A variety of bicycle parking facilities can be implemented with the Bikelinx funding,
including, bike lockers, bike cages and bike shelters.
The estimated cost to install an 8' wide by 16' long bicycle shelter (attachment 1)
complete with concrete pad and bicycle rack is approximately $19,000. Each shelter
would accommodate 10 bicycles.
2. COMMENTS
Staff has investigated several potential municipal locations that best meet the
criteria. The three locations are prioritized and described below. The Beech Street'
Spinners Cycling Club (BSS) assisted with the evaluation of potential locations and
concurs with the three sites recommended in this report.
Priority No. 1 - Municipal parking lot next to 132 Church Street
This location is directly opposite the street from the Durham Transit hub at the
corner of Church and Temperance. The bicycle shelter would be installed at the
south end of the municipal parking lot for easy access and surveillance. Three or
four car parking spaces would be removed with the installation of the bicycle
shelter.
Priority No. 2 - Newcastle Library
This location is adjacent to the existing GO Transit bus stop on the north side of
King Avenue. The bicycle shelter would be installed along the existing walkway to
the library at the S/E corner of the library grounds. It would be approx. 20m from the
transit shelter and would not obscure the view of the library.
mowf
REPORT NO.: EGD -002 -12
PAGE 3
Priority No. 3 - Hwy 2 and Prestonvale Road S/W corner
This location is adjacent to GO and Durham Transit stops on the north and south
sides of Hwy 2 at Prestonvale Road. A bicycle shelter could be installed on the
municipally owned road allowance between Old Kingston Road and Prestonvale
Road.
3. CONCURRENCE:
This report has been reviewed by Edith Hopkins, Library Director, specifically
regarding Location No. 2. She concurs with the recommendation for a bike shelter at
the S/E corner of the library grounds.
4. CONCLUSION
Proximity to public transit at a safe secure location is the key criteria for funding
under the Bikelinx program. The three locations recommended in this report best
meet those criteria. The total funding available through the Bikelinx program is
$147,328 to be divided between all of the Regions municipalities. Clarington's
request would be to fund the installation of three bike shelters however should
funding only be granted for one or two shelters they would be installed in
accordance with the priorities listed in this report.
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: Peter Windolf, Park Development Manager
Attachments:
Attachment 1 - Bike Shelter
List of interested parties to be advised of Council's decision:
Jim Boate - Beech Street Spinners Cycling Club
MIN
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(iLeading the Way MEMO
CLERK'S DEPARTMENT
To: Mayor Foster and Members of Council
From: Anne Greentree, Deputy Clerk
Date: January 6, 2012
Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA — JANUARY 9, 2012 — UPDATE
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, January 9, 2012:
6. DELEGATIONS
See attached Final List. (Attachment#9)
An e`Gree tre ; Deputy 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 906-623-6506
Attachment #1 of Update Memo
FINAL LIST
OF DELEGATIONS
GPA Meeting: January 9, 2012
(a) Gary Jeffery, Chair, Agricultural Advisory Board of Clarington, Regarding
Annual Board Update
(b) Anne Black, Regarding Report EGD-009-12, Train Whistle Cessation
HAN DOUTS /C I RCULATI ONS
Agricultural Advisory Committee of Clarington
2011 Accomplishments
Guests and presentations topics:
✓ Mayor Foster-the past decade and the next decade and the importance of agriculture
to Clarington
✓ Anne Taylor-Scott—Provincially Significant Wetlands and the Official Plan amendment
relating to them
✓ Ron Albright—Rural Road Improvements, engineering standards and monitoring
✓ Sheila Hall, CBOT—economic development opportunities and agri industry impacts
✓ Dean Jacobs—Official Plan Review
✓ Faye Langmaid—Port Granby Project
✓ Marlene Werry-Durham Region Agriculture Strategy
✓ Kim Gavine—Oak Ridges Moraine Foundation and legislation
✓ John O'Toole—Issues that he heard on the campaign trail and monitors in Parliament
✓ Martin Vroegh—Algae Farming at St. Marys
Highlights:
✓ Provincial Soybean Production (Yield) Award to Terwildlin Farms (Barrie Bros)
✓ CBOT Agriculture Business of the Year Terwildlin Farms (Barrie Bros)
✓ Trees for Rural Roads Programme
✓ Whitebelt Resolution to Council for Official Plan Review
✓ Update of committee brochure for new membership and work program
Provided Comments on:
Letter to province supporting Oak Ridges Moraine Foundation
Sign Bylaw Amendment for Seasonal Businesses
Fence Viewers-comments on new By-law
Building Permits-capped at$5,000 for farmers
Committee involvement in:
Clarington Farmers' Market
Farmers Parade of Lights
Durham Agricultural Advisory Committee
Durham Farm Connections
Clarington Board of Trade
Durham Federation of Agriculture
Promotion:
Orono Fair Booth
DAAC Tour
Train Whistle Cessation
January 9, 20 12
Anne Black
Train Whistle - Yesterday
Two long, a short and a long is the burst of a train whistle. It is also Morse
Code for"Q"
This tradition began two centuries ago and was initiated to signal other trains
that the Queen or member of the royal family or Royal Mail was on board and
that other trains were to give way. The train whistle was not connected to
safety.
Two centuries later not much is left of that bygone era, except....trains and
their whistles.
As communities began to appear around train tracks,the train whistle
morphed into a safety standard, however,this was long before the advent of
road markings, lights, bells and gates at railway crossings.
Train Whistles - Today
Most people are accustomed to the sounds of transportation -- planes flying
overhead,the drone of motor traffic,the clickety-clack of the train. What we
will never become accustomed to is the screaming shrill of a prolonged train
whistle.
Today many communities throughout Canada have successfully initiated a
Train Whistle Cessation Bylaw (one of the most successful is Calgary,AB
- 1984).
The process to do so is clearly mapped out on Transport Canada's Website:
People, Roads and Railways.
Clarington is one of the few areas in the GTA, and in fact,the Golden
Horseshoe where a partial or complete an on train whistles has not been
initiated (i.e.,Barrie,Cobourg,Port Hope,Whitby,Oshawa).
Train Whistles - The Facts
The use of 90 decibel train whistles to protect crossings has become a late-night
auditory assault on local communities. It is further ineffective and outmoded that
only a fraction of those hearing the whistle are actually those attempting to use
the crossing. The majority haven't been warned -- they've been woken.
Studies show that train whistles cause significant noise disruption within a two
mile radius (US study),therefore affecting the sleep and arguable the quality of life
for thousands of home occupants.
So.....with safety measures already in place at crossings, it is redundant to sound a
whistle that is violating the peace of hundreds of households.
Further, it is against the law for motor vehicles, pedestrians and cyclists to cross
the track once the lights have started to flash. The is punishable by fines and
demerit points. One could equate the necessity of additional precautions such as
train whistles to putting gates and additional warnings at street intersections to
prevent motorists from running red lights!
Warning Systems Required Where Whistling Is To Be Eliminated
**Transport Canada's Website
Maximum Train MotorVehicle MotorVehicle Ped/Bikeway Ped/Bikeway
Speed at Crossing Crossing - Crossing - Crossing - Crossing -
One Track Two Tracks One Track Two Tracks
Flagging or maze Flagging or maze
Up to 15 mph FLB FLB&G barriers or guide barriers or guide
fencing fencing
Flagging or maze
16 to 50 mph FLB FLB & G barriers or guide FLB&G
fencing
Over 50 mph FLB&G FLB&G FLB&G FLB&G
**Transport Canada's website is in Imperial (MPH) rather than Metric (KPH).
FLB - Flashing Lights and Bells
G - Gate
16 to 50 mph - Mearns Ave exceeds requirements, Lambs Road meets Transport
Canada's requirements
Over 50 mph - Bennett Rd and Cobbledick Rd meet Transport Canada's requirements.
Train Whistle - The Results
• A "grass roots" petition was started in the
area surrounding Mearns Avenue.
• Only those eligible to vote were allowed to
participate.
• The support for a ban on the train whistle
was overwhelming -- nearly 500 names
gathered over a very short period of time.
• A similar petition was initiated in Wilmot
Creek and over 250 names were added.
Train Whistle - The Results (cont'd)
Citizen's comments that may be of interest to
Council:
• We should have made this an election issue.
• If we don't get a train whistle ban, can we lobby for
lower taxes or noise barriers?
• Our taxes should be decreased due to lower
property values.
• We have to run our air conditioners and keep our
windows closed from spring until fall and this can't
been good for the environment.
Train Whistle - Let's Compare
Clarington -90 clubs�mXx
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Train Whistle - Conclusion
The participants of this grass roots effort respectively
request that Council begin the process required by
Transport Canada to eliminate the train whistle in our
community.
If the train ban cannot be Clarington-wide, then at minimum
a partial ban that would include the crossings mentioned in
this presentation (Mearns Ave, Lambs Rd, Bennett Rd and
Cobbledick Rd)
Although Transport Canada's Whistle Cessation
requirements are comprehensive, many communities have
successfully achieved a whistle ban for their citizens.
Hopefully these communities can share their procedures and
best practices with us.