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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. 4 -1 6 -1 1 • 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. - 1 - 4 -1 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. -2- 4 -2 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. -3- 4 -3 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. NEI!e 4 -4 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 :7T�i7 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; -5- 4 -5 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; M 4 -6 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 -7- 4 -7 General Purpose and Administration Committee 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; ME 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; 4 -9 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) -10- 4 -10 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. -11- 4 -11 General Purpose and Administration Committee Minutes 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; -12- 4 -12 General Purpose and Administration Committee Minutes 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 -13- 4 -13 General Purpose and Administration Committee Minutes 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. -14- 4 -14 General Purpose and Administration Committee 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 -15- 4 -15 General Purpose and Administration Committee Minutes 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 -16- 4 -16 General Purpose and Administration Committee 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 -17- 4 -17 General Purpose and Administration Committee Minutes 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 NA CD m W 133tl15 N31Xtl3 `�'J �; V DAONViO id J` 7u- 00 CL 3 OVO N33H m o ai Q CL e a) O OFE O N 133N1S MtlNSN011nB p O ® E O 3 O O wE 9pc� °aES �`$0 3N N Rf y U) m m ++ JMOND$ 110 q tl100 Cn N 2 J N N N � 0 3 °- O 0. Q GVM:J N33219 iAA2US MVHSNoiina O 3Ndl O> z O llOOV ZOOM 8 -23 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 Q �v PP 0 0 z w w w 2 w w J O Z o BUXTON N TTrm 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 fi pa I li is . 'Tt. , it _­ 1 A ­Z Z it 4 A_ j 1-w NY tt, P.A t el- JII W_ 8-31 ze, 21l 4. 1A, it dt b/ iw "k , s, 1. , if d. il K ik 'AE, P it Ys x THOMPSON ROAD 4k ik Attachment 1 To Report PSD-004-12 w 0 p1 M N 00 0 0) (D M N 0 > _0 0 Q ¢1 0 E 0 CL > m& ;u 6 0 P CL . Co a ;4!—q (D (D M (D w Attachment'2 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 0 0 ry z 0 U) a. 0 F_ Patti L. Barrie, Municipal Clerk 8 -33 N 0 0 Q a 0 0 W (1) w � U CLARKE W ZBA2011 -0029 ? SCHEDULE 2F 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 �vw. Mw.\n\v rnv�v.\. i\ v.\ M\ wv.\ M\ wfw\ w \.n\vMi\\VNV..MVMVUw\v\\\n\M\M\ m���n`��x " %Y�s "�'OCIgK'DdlVtt'Of 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 I;fII� peon aulluMO1 isea— i LLJ Lo 1 o (L F �Lu - I—a W. cc C... i Co 1 psoa geuua VL }ce U) G U) o c �. ° /� E i ar l C cr E T to tm E / V J CD O d Ir o m O 7 f 13,1 x C. m eoa slirul Ul 60) 9_2 f � . : z c �_ W Y m cu 0Q.. Q :; j ? .� W _ 0 '0 .-0n > WIZ iff _ 1 �✓ ( I 1 m °wa �k„ +� Z= ° o � U U CO 2 O W z G�W L r p ••( h LL U U V �' 3„.H -^'fl lily Awbro3] 1 No t Z Q I ® ® I •+.._ rs � o ".�._ -., _ __ ..� 1 /�., l.v°tl l3eVt[ o /N �g ^."{Y °yr Am own - Aax l j'wJ_•,��`I(t aroa Fxrono�\l owb + moaon i> ��� \ �btleN1 i. tP•. .°w ,�3 t„ ,F `� � n�/�� !�+ � sn. 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' .-'—� y`� `gym .-� r � �..�u , - � .�—J--� '' � r I - '"`• ® orob m°rus _a f w awn g oo°�=�� _�_ �,_ °wa 3noa� - am f (• a - � J-1 °/wa _rr l�°ro +1` 'i°� O.�-i.� ,.�•Fi-..�"�._ ......,r' �' "dam � J I �a � r� t • n 1 os ,-rv-• V ..��{ v _ nos e r �� l UNn ®�'. .,•Y \ •-1 p ,sin .� -aroa srvxd\ °wr`t_r. „`• I �-, "j'n' ..+' • ,$ ` ¢�-....ti.�� tl j..-i.� awn J\ °a°v5rvvl \ ' .-1 _. , Fb®�,d, r, �-'` lY`,-.,.y-� `_ ....�o asv _ �_S 4r°e F3]u ` ?4 •Jf, ' Hitlox°vob 3aN1M01 Nttl0.Y°ran 3x. �.+l 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 ME, ,ail - 04 ON Z C:) �-" 9 Z 0 LU (D 15; LU Z .. L) 0 Z 0 0- W Q� • (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 silenced CONSTRUCTION NOISE UNDERNIEW 8-YLA"N' „. „ 4*U . Vk }X x v rt f i 3 x 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.