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Leading the Way
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: April 2, 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 March 19, 2012 4 -1
5. PUBLIC MEETINGS
No Public Meetings
6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6 -1
List)
(a) Libby Racansky Regarding Comments on the Additional Information on
Racansky's Well by W. Manson and Hancock Neighbourhood Projects
(b) Caroline Willoughby Regarding Pot Bellied Pigs
(c) Michelle Speelman Viney Regarding Report EGD- 013 -12, Whistle
Cessation — Feasibility
(d) Anne Black Regarding Report EGD- 013 -12, Whistle Cessation —
Feasibility
(e) Beth Meszaros and Donna Middleton, Clarington Citizens for Clean Water
and Soil, Regarding "Thanks and Future Considerations RE: Commercial
Fill Sites"
7. PRESENTATIONS
No Presentations
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
G. P. &A. Agenda - 2 - April 2, 2012
8. PLANNING SERVICES DEPARTMENT
(a) PSD- 019 -12 Use of Poppy Symbol on Street Signs 8 -1
Amendments to The Policy for War Dead and War Veteran
Names for Streets
(b) PSD- 020 -12 Municipal Position on Provincial Amendment No.1 to the 8 -6
Central Pickering Development Plan (Provincial Plan for
Seaton)
9. ENGINEERING SERVICES DEPARTMENT
No Reports
10. OPERATIONS DEPARTMENT
(a) OPD- 002 -12 Pitch In Week 2012 10 -1
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD- 005 -12 Monthly Fire Activity Report — February 2012 11 -1
12. COMMUNITY SERVICES DEPARTMENT
(a) CSD- 006 -12 Clarington Older Adult Association — 12 -1
Parking Concerns /Strategic Plan
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD- 013 -12 Appointments to Tyrone Community Hall Board 13 -1
(b) CLD- 014 -12 2012 Volunteer Recognition Celebration 13 -3
14, CORPORATE SERVICES DEPARTMENT
(a) COD- 001 -12 Supply & Delivery of One (1) Chevrolet Impala with Police 14 -1
Package Electrical Wiring
(b) COD - 008 -12 John Howard Society — Lease Extension, Community 14 -12
Living Oshawa / Clarington — Lease Extension —
132 Church Street, Bowmanville
15. FINANCE DEPARTMENT
(a) FND- 007 -12 Building Permit Fees Annual Report for. 2011 15 -1
G. P. & A. Agenda - 3 - April 2, 2012
16. SOLICITOR'S DEPARTMENT
No Reports
17. CHIEF ADMINISTRATIVE OFFICE
No Reports
18. UNFINISHED BUSINESS
(a) COD- 036 -11 Bowmanville 'Tennis Club —Court Lease 18 -1
(Tabled from November 28, 2011 GPA Meeting)
(b) EGD- 013 -12 Whistle Cessation— Feasibility 18 -24
(Tabled from March 19, 2012 GPA Meeting)
19. OTHER BUSINESS
20. COMMUNICATIONS
None
21. CONFIDENTIAL REPORTS
(a) PSD- 017 -12 Expropriation of West Beach Lands for Bowmanville
Unfinished Waterfront District Park — Proposed Settlement of Port
Darlington Harbour Company, et al Claim
(Tabled from March 26, 2012 Council Meeting)
(b) FND- 008 -12 1524103 Ontario Ltd. and Albert Gelman Inc. Settlement
Agreement
(c) FND- 009 -12 St. Marys Cement Inc. Resolution of Assessment Appeals
22. ADJOURNMENT
General Purpose and Administration Committee
Minutes
March 19, 2012
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, March 19, 2012 at 9:30 a.m. in the Council Chambers.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor J. Neal
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Corporate Services & Human Resources, M. Marano
Operations Supervisor, C. Peters
Director of Finance/Treasurer, N. Taylor
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 Woo attended the following:
• Opening of Wind Mobile on Tuesday, March 6, 2012, a new business in
Bowmanville.
• Councillor Partner's Genealogy Lecture as part of the Gift of Art lecture series on
Wednesday, March 14, 2012 in Newcastle.
• The 15th Annual Gala in support of Community Living's Clarington Project on
Saturday, March 17, 2012 at the Newcastle Town Hall.
® Wild Wing Grand Opening on Thursday, March 15, 2012.
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General Purpose and Administration Committee
Minutes
March 19, 2012
Councillor Woo announced that a fundraiser will take place on Saturday, March 24,
2012 at Wild Wing where the Clarington Professional Firefighters Association will
participate in a wing eating contest in support of Epilepsy Durham.
Councillor Traill attended the Central Lake Ontario Conservation Authority new facility at
Purple Woods on Saturday, March 17, 2012. She announced that the Town of Ajax will
be hosting its first Accountability Starts at the Top Action Committee meeting on
March 20, 2012 at 7:00 p.m. at Ajax Town Hall located at 65 Harwood Ave. S.
Councillor Partner attended the following:
• As the speaker as part of the Gift of Art lecture series on Wednesday, March 14,
2012 in Newcastle.
• The Snug in Newcastle for an Irish Breakfast on Saturday, March 17, 2012.
Councillor Partner announced the following:
• That Len Creamer, Manager Municipal Law Enforcement, will be speaking at the
Newcastle Ratepayers meeting at 7:30 p.m. on Monday, March 19, 2012
regarding an overview of Clarington's by -laws.
• There will be a discussion group held on the Port Granby initiative at the
Newtonville Community Hall on Wednesday, March 21, 2012 from 7:00 p.m. to
9:00 P.M.
• Orono Rebekkah Hall will be holding their monthly "Raise the Roof" fundraising
event on Wednesday, March 21, 2012, which will include a home cooked meal
with all proceeds going towards a new roof for the Hall.
Councillor Novak attended the following:
• Wild Wing Grand Opening on Thursday, March 15, 2012.
• Pathfinders Citizen Workshop on Saturday, March 17, 2012 at the St. John's
Anglican Church.
Councillor Hooper announced the following:
• The Bowmanville Junior C Eagles defeated the Lakefield Chiefs on Sunday,
March 18, 2012.
• The Clarington Older Adults Association Euchre Extravaganza will take place on
Saturday, March 24, 2012.
Councillor Hooper attended the following:
• The Durham Holsteins Car Tour on Thursday, March 15, 2012.
• Wild Wing Grand Opening on Thursday, March 15, 2012.
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General Purpose and Administration Committee
Minutes
March 19, 2012
Mayor Foster attended the following:
• The Greater Oshawa Chamber of Commerce Breakfast with Bruce McCuaig,
President & CEO of Metrolinx to discuss "The Role Of Metrolinx In Durham" on
Monday, March 5, 2012 in Oshawa.
• Bowmanville Kinsmen meeting to celebrate their 60th year anniversary on
Tuesday, March 6, 2012.
• Toronto Board of Trade Luncheon With Chris Bentley, Minister of Energy on
Tuesday, March 13, 2012.
• Clarington Board of Trade Roundtable Discussion with the Minister of Agriculture
at Holburn Biomedical on Wednesday, March 14, 2012.
• The Regional Aids Conference on Thursday, March 15, 2012.
Mayor Foster announced the following:
• The Beach Ball "Aloha" hosted by the Durham Hospice at the Deer Creek Golf &
Banquet Facility in Ajax on Saturday, March 24, 2012.
• The Taste of Italy event held on February 4, 2012 raised,$10,000.
• An Open House regarding the Hancock Neighbourhood Park on Tuesday,
March 20, 2012 at the Courtice Community Complex.
• A Public Meeting of Regional Council will be held on April 4, 2012 in the Regional
Council Chambers at the beginning of the regular Regional Council meeting, to
consider passing a by -law to change the method of selecting the Regional Chair
to election by general vote.
MINUTES
Resolution #GPA- 189 -12
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on February 27, 2012, be approved with the following amendment:
In the "Announcement Section ", delete the fourth bullet under Councillor Neal's
regarding the 75th Birthday Bash & Reunion, on February 25, 2012, at
Brimacombe.
CARRIED
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
There were no public meetings held.
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General Purpose and Administration Committee
Minutes
March 19, 2012
DELEGATIONS
Jonathan Rodger from Zelinka Priamo Ltd., on behalf of Rock Developments Inc., was
present regarding Report PSD- 016 -12, Proposed Amendment to Sign By -law 2009 -123
to Permit the Reconstruction of a 12.Om2 Pylon Sign. He stated that his company has
reviewed the Staff Report and they are in agreement with the recommendations. Mr.
Rodger added that he was available to answer questions from the Committee.
Sheila Hall, Executive Director, Clarington Board of Trade (CBOT) presented a
Quarterly Economic Update. She made a verbal a verbal and PowerPoint presentation
to the Committee. Ms. Hall introduced the staff and board members who were also in
attendance. She informed the Committee of recent staff reorganizations to accomplish
the projects and tasks planned. Ms. Hall reviewed the number of new development
leads from October to February as well as new businesses and grand openings. She
noted the number of business relocations, closures and growth. Ms. Hall informed the
Committee of the different communication tools which the CBOT uses. She provided
the Committee with examples of retention and attraction initiatives.
Resolution #GPA- 190 -12
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to permit Sheila Hall to speak for an
additional five minutes.
l
Ms. Hall informed the Committee that the CBOT has increased their membership by 23
since October, 2011. Respecting physician recruitment, she informed the Committee
that one doctor has started practice and there are two other doctors who will be starting
their practices later in 2012. Ms. Hall reminded the Committee of the upcoming CBOT
events.
Resolution #GPA- 191 -12
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the delegation of Sheila Hall be received with thanks; and
THAT thanks be passed along to Clarington Board of Trade for their work and
accomplishments.
CARRIED
Greg Milosh had notified the Municipal Clerk prior to the meeting that he was unable to
attend.
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General Purpose and Administration Committee
Minutes
March 19, 2012
Reverend Frank Lockhart was present regarding Report COD - 007 -12, Valleys 2000
Fish By -Pass Channel. He provided the Committee with background on the Channel
Project, including information on soil conditions and fundraising. Rev. Lockhart
explained that Valleys 2000 is requesting that the Purchasing Policy be waived in order
to allow for a single source contractor and to enable them to accept "in kind" donations.
Don Kirkup was present regarding Addendum to Report PSD- 009 -12, Official Plan
Amendment 77. He made a verbal presentation to accompany a handout. Mr. Kirkup
explained that his client is requesting special consideration for the subject property to be
changed from "Future Urban Residential" to `Neighbourhood Commercial ". He
explained that the servicing is available for the area. Mr. Kirkup added that the
development will provide jobs in Caalington. He requested that his request be
considered now to avoid a delay which would occur if his request is to be included in the
growth management study as part of the Official Plan Review.
Ron Armstrong, Armstrong Harrison & Associates, was present regarding Addendum to
PSD- 009 -12, Official Plan Amendment 77. He made a verbal presentation to
accompany a handout. Mr. Armstrong stated that his client is attempting to comply with
Section 16(1) of the Planning Act and therefore his client, Abe's Auto, would like to
relocate. He informed the Committee that the current wording in OPA 77 would result in
prohibiting relocation and expansion. Mr. Armstrong informed the Committee that he
had met with Staff on March 5, 2012 but no progress was made on the issue. He
explained the specific policies in OPA 77 are limiting his client's recycling business. Mr.
Armstrong stated that, as a result of these limitations, they are requesting an exemption
"Notwithstanding clause" from these policies. He explained the potential issues with
Council not supporting the request for exemption.
Melanie Blakely, Hampton Skateboard Park Committee, was present regarding Report
EGD- 012 -12, Hampton Skateboard Park Site Selection. She provided the Committee
with background on the Skateboard Park and her preferences for a site selection. Ms.
Blakely stated that she is in support of the recommendation contained in Report
EGD- 012 -12 which recommends the park be located behind the Darlington Sports
Centre.
Rai Scimone was present regarding Report CLD- 012 -12, Request for Noise Exemption.
He explained that he is a local event promoter requesting the noise exemption for a
music festival to be held May 18 to May 20, 2012 at 3388 Concession Road, Newcastle.
Mr. Scimone explained the details of the proposed festival, including the festival
website: www.cosmiccam pout, com. He stated that the event is a fund raiser for
"Org4Peace ", a charity benefitting Nepal. Mr. Scimone added that he would like to
include a "local amenities section" on their website. He noted that it is also difficult to
obtain the required liability insurance due to limited funds. Mr. Scimone explained the
volunteers and entertainers involved. He added that he is expecting 100 to 150 people,
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General Purpose and Administration Committee
Minutes
March 19, 2012
but that they can accommodate up to 500 people. He concluded by requesting a noise
exemption to allow the festival to take place, as recommended in the Staff Report.
Resolution #GPA- 192 -12
Moved by Councillor Neal, seconded by Councillor Woo
THAT agenda be altered to consider Report CLD- 012 -12 at this time.
CARRIED
REQUEST FOR NOISE EXEMPTION
Resolution #GPA- 193 -12
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Report CLD- 012 -12 be received;
THAT the request for a noise exemption from Mr. Rai Scimone be approved; and
THAT all interested parties listed in Report CLD- 012 -12 be advised of Council's
decision.
CARRIED
DELEGATIONS - Continued
John Morand had notified the Municipal Clerk prior to the meeting that he was unable to
attend.
PRESENTATIONS
There were no presentations.
RECESS
Resolution #GPA- 194 -12
Moved by Councillor Neal, seconded by Councillor Novak
THAT the Committee recess until 1:00 p.m.
CARRIED
The meeting reconvened at 1:02 p.m. with Councillor, Novak in the Chair.
M
General Purpose and Administration Committee
Minutes
March 19, 2012
PLANNING SERVICES DEPARTMENT
APPLICATION FOR REMOVAL OF HOLDING 40M -2462
APPLICANT: 2134359 ONTARIO LTD. (BAYWOOD HOMES)
Resolution #GPA- 195 -12
Moved by Mayor Foster, seconded by Councillor Hooper
THAT Report PSD- 015 -12 be received;
THAT the application submitted on behalf of 2134359 Ontario Ltd. (Baywood Homes) to
remove the Holding (H) symbol be approved and that the By -law attached to Report
PSD- 015 -12 to remove the Holding (H) Symbol be passed;
THAT Council's decision and a copy of Report PSD- 015 -12 be forwarded to the Region
of Durham and the Municipal Property Assessment Corporation (MPAC); and
THAT all interested parties listed in Report PSD- 015 -12 and any delegations be advised
of Council's decision.
PROPOSED AMENDMENT TO SIGN BY -LAW 2009 -123 TO PERMIT THE
RECONSTRUCTION OF A 12.OM2 PYLON SIGN
2401 -2405 HIGHWAY 2, BOWMANVILLE
Resolution #GPA- 196 -12
Moved by Councillor Neal, seconded by Councillor Traill
THAT Report PSD- 016 -12 be received;
THAT the application for Amendment to the Municipality of Clarington Sign By -law
2009 -123, submitted by Rock Developments Inc., to permit the reconstruction of a pylon
sign measuring 12.0 m2 in display area, be approved and that the By -law, contained in
Attachment 2 to Report PSD- 016 -12 be passed; and
THAT all interested parties listed in Report PSD- 016 -12 and any delegations be advised
of Council's decision.
CARRIED
Councillor Partner and Councillor Woo returned to the meeting at 1:03 p.m.
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General Purpose and Administration Committee
Minutes
March 19, 2012
NEWCASTLE NO- FRILLS GROCERY STORE
ONTARIO MUNICIPAL BOARD HEARING
Resolution #GPA- 197 -12
Moved by Councillor Woo, seconded by Councillor Partner
THAT Report PSD- 018 -12 be received for information.
CARRIED
Councillor Traill chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
PROPOSED AMENDMENTS TO SITE ALTERATION BY -LAW
Resolution #GPA- 198 -12
Moved by Mayor Foster, seconded by Councillor Hooper
THAT Report EGD- 010 -12 be received;
THAT Council approve the proposed amendments to the Site Alteration By -Law
2008 -114 and the Noise By -Law 2007 -071 by adopting the amending by -law attached to
Report EGD- 010 -12 as Attachment 1; and
THAT a copy of Report EGD- .010 -12 and Council's decision be forwarded to the
interested parties listed in Report EGD- 010 -12.
CARRIED AS AMENDED
LATER IN THE MEETING
(See following motions)
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General Purpose and Administration Committee
Minutes
March 19, 2012
Resolution #GPA- 199 -12
Moved by Councillor Partner, seconded by Councillor Woo
THAT the foregoing Resolution #GPA- 198 -12 be amended by adding the following
paragraph immediately following the second paragraph:
"THAT the site alteration permit fees set out in Section 2 (5.2b) of the proposed
by -law be amended for Large Fill Operations > 500m3:
from $500 >500m3 plus $.60/m3 of fill to
$1000 >500m3 plus $1.00 /m3 of fill
to be consistent with Scugog Township and Ganaraska Region Conservation
Authority fees."
CARRIED LATER IN THE MEETING
(See following motions)
Resolution #GPA- 200 -12
Moved by Councillor Neal, seconded by Mayor Foster
THAT the foregoing Resolution #GPA - 199 -12 be amended by adding the following at
the end:
"THAT a permit renewal fee of $500 be added to the proposed by -law.
MOTION LOST
Resolution #GPA - 201 -12
Moved by Councillor Neal, seconded by Councillor Novak
THAT the foregoing Resolution #GPA- 199 -12 be amended by changing the site
alteration permit fee for Large Fill Operations > 500m3:
from $500 >500m3 plus $.60/m3 of fill to
$750 >500m3 plus $1.00 /m3 of fill
MOTION LOST
The foregoing Resolution #GPA- 199 -12 was then put to a vote and carried.
The foregoing Resolution #GPA- 198 -12 was then put to a vote and carried as amended.
General Purpose and Administration Committee
Minutes
March 19, 2012
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY, 2012
Resolution #GPA- 202 -12
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report EGD -011 -12 be received for information.
CARRIED
HAMPTON SKATEBOARD PARK SITE SELECTION
Resolution #GPA- 203 -12
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report EGD- 012 -12 be received;
THAT the Hampton Skateboard Park be located at the Darlington Sports Centre at the
north /east corner of the parking lot;
THAT interested parties be notified of Council's decision; and
THAT Hydro One, Halminen Homes, Gay Company Ltd., MinCom Millennium Realty,
and St. Marys Cement be thanked for their generosity.
CARRIED
WHISTLE CESSATION - FEASIBILITY
Resolution #GPA- 204 -12
Moved by Councillor Woo, seconded by Councillor Partner
THAT Report EGD- 013 -12 be tabled until the General Purpose and Administration
Committee of April 2, 2012.
CARRIED
PETITION FOR CROSSWALK LIGHTS, ETC. CONCESSION ST. AND LIBERTY
STREET
Councillor Woo advised Members of Committee of a petition signed by residents
requesting a pushbutton crosswalk light be installed in the area south of Concession
Street on Liberty Street near Lovers Lane OR south of the convenience store OR a
pedestrian crossing with a light. Councillor Woo submitted the petition to Staff.
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General Purpose and Administration Committee
Minutes
March 19, 2012
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Councillor Hooper chaired this portion of the meeting.
EMERGENCY AND FIRE SERVICES DEPARTMENT
NEXT GENERATION COMMON COMMUNICATIONS PLATFORM
Resolution #GPA- 205 -12
Moved by Councillor Neal, seconded by Councillor Novak
THAT Report ESD- 004 -12 be received for information.
CARRIED
Councillor Neal chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
INDOOR TENNIS FACILITIES
Resolution #GPA- 206 -12
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report CSD- 005 -12 be received for information.
CARRIED
Councillor Partner chaired this portion of the meeting.
CLERK'S DEPARTMENT
24 HOUR ANIMAL SERVICES
Resolution #GPA- 207 -12
Moved by Councillor Traill, seconded by Councillor Woo
THAT Report CLD- 009 -12 be received;
THAT the Animal Services' service levels remain status quo; and
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General Purpose and Administration Committee
Minutes
March 19, 2012
THAT the issue of After Hours Emergency Animal Services be referred to the 2013
Budget for consideration.
CARRIED
COUNCIL ACCESS TO -ELECTRONIC DOCUMENTS INCLUDING ELECTRONIC
AGENDAS
Resolution #GPA- 208 -12
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Report CLD- 010 -12 be received;
THAT Staff be directed to prepare a "Technology Devices for Council" policy which
includes a provision for tablets funded through the 2013 budget;
THAT the use of tablets /laptops in the Council Chambers, while limiting the ability to
send /receive emails as per the Procedural By -law, be referred to the 2013 budget; and
THAT implementation of a meeting management software solution to provide for
improved efficiencies, transparency and environmental responsibility be referred to the
2013 budget.
CARRIED
REQUEST FOR NOISE CURFEW AT CANADIAN MOTORSPORT VENTURES LTD.
(MOSPORT) RACETRACK
Resolution #GPA- 209 -12
Moved by Councillor Novak, seconded by Councillor Traill
THAT Report CLD- 011 -12 be received;
THAT the request for a noise curfew requested by Donna Lepard be denied; and
THAT Donna Lepard and Canadian Motorsport Ventures Ltd.be advised of Council's
decision.
REQUEST FOR NOISE EXEMPTION
Report CLD- 012 -12 was considered earlier in the meeting during the Delegation
Section.
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General Purpose and Administration Committee
Minutes
March 19, 2012
USE OF LAPTOPS BY COUNCIL MEMBERS IN COUNCIL CHAMBERS
Resolution #GPA- 210 -12
Moved by Councillor Neal, seconded by Councillor Traill
THAT, where a Member of Council has a tablet or laptop and they wish to use the
technology during the meeting, Staff be directed to accommodate the use within the
current power services within the Council Chambers,
MOTION TABLED
(See following motion)
Resolution #GPA- 211 -12
Moved by Councillor Novak, seconded by Councillor Neal
THAT the foregoing Resolution #GPA- 210 -12 regarding the use of a laptop by Council
Members in Council Chambers, be tabled until Municipal Freedom of Information and
Protection to Privacy Act implications are considered.
CARRIED
Mayor Foster chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
TENDER NO. CL2011 -34 — GRASS CUTTING & TRIMMING
Resolution #GPA- 212 -12
Moved by Councillor Novak, seconded by Councillor Traill
THAT Report COD - 006 -12 be received;
THAT B &D Tractor Services, Bowmanville, Ontario, with a total bid amount of
$201,209.54 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2011 -34, be awarded the contract for
Grass Cutting and Trimming for Section 1 — Courtice, as required by the Operations
Department;
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General Purpose and Administration Committee
Minutes
March 19, 2012
THAT G.W.S. Landscaping, Bowmanville, Ontario with a total bid amount of
$114,681.97 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2011 -34, be awarded the contract for
Grass Cutting and Trimming for Section 3 — Newcastle as required by the Operations
Department;
THAT pending satisfactory service and acceptable pricing the contract be extended for
a fourth and fifth year; and
THAT the funds expended be drawn from the Operations Department Annual Operating
Budget Account 100 -36- 325 -10115 -7163 Parks Maintenance Contract,
CARRIED
VALLEYS 2000 FISH BY -PASS CHANNEL
Resolution #GPA- 213 -12
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report COD - 007 -12 be received;
THAT the requirements of the Purchasing by -law be waived;
THAT, subject to all conditions being met; staff be authorized to negotiate a single
source agreement with Valleau Construction Inc., Bowmanville, for the construction of a
Bowmanville Creek Fish By -pass Channel as required by Valleys 2000 (Bowmanville)
Inc.; and
THAT the Mayor and Clerk be authorized to execute an agreement satisfactory to the
Municipal Solicitor.
CARRIED LATER IN THE MEETING
(See following motion)
Resolution #GPA- 214 -12
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #GPA- 213 -12 be amended by adding the following
paragraph immediately following the second paragraph:
"THAT the contractor undertake a fair bidding process, where reasonably
practicable, for any subcontracts where there are no donations in kind."
MOTION LOST
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General Purpose and Administration Committee
Minutes
March 19, 2012
The foregoing Resolution #GPA- 213 -12 was then put to a vote and carried.
FINANCE DEPARTMENT
MAYOR AND COUNCILLORS' REMUNERATION AND EXPENSES
FOR 2011
Resolution #GPA- 215 -12
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Report FND- 006 -12 be received for information.
CARRIED
SOLICITOR'S DEPARTMENT
ASSUMPTION OF ROAD WIDENINGS
Resolution #GPA- 216 -12
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report LGL- 001 -12 be received;
THAT Council adopt the by -law attached to Report LGL- 001 -12 to establish various
road widenings as public highways; and
THAT Council authorize the Municipal Solicitor to make an application to register the
By -law.
CARRIED
CHIEF ADMINISTRATIVE OFFICER
There were no reports to be considered under this section of the Agenda.
RECESS
Resolution #GPA- 217 -12
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the Committee recess for 10 minutes.
CARRIED
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General Purpose and Administration Committee
Minutes
March 19, 2012
The meeting reconvened at 3:06 p.m
UNFINISHED BUSINESS
AMENDMENT 77 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO
INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO THE
MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING CONSERVATION
LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO GROW ACT, 2005,
THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE ACT AND THE
PROVINCIAL POLICY STATEMENT, 2005
Resolution #GPA- 218 -12
Moved by Councillor Novak, seconded by Councillor Woo
THAT Report PSD- 009 -12 and Addendum to Report PSD- 009 -12 be received;
THAT Amendment 77 to the Clarington Official Plan as set out in the By -law contained
in Attachment 3 to PSD- 009 -12 be adopted;
THAT Amendment 77 to the Clarington Official Plan be forwarded to the Regional
Municipality of Durham for approval;
THAT Municipal staff endeavour to complete the Growth Management phase of the
Official Plan Review within 18 months incorporating the infrastructure and financing
implications of future growth and any implications from the hearing on the Regional
Growth Plan Amendment (ROPA #128) currently before the Ontario Municipal Board;
THAT the Regional Municipality of Durham Planning Department be forwarded a copy
of Addendum to Report PSD- 009 -12 and Report PSD- 009 -12; and
THAT all interested parties listed in this Addendum to Report PSD- 009 -12 and any
delegations be advised of Council's decision.
CARRIED LATER IN THE MEETING
(See following motion)
Resolution #GPA - 219 -12
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #GPA - 218 -12 be amended by adding the following at
the end of paragraph 2:
-16-
4-16
General Purpose and Administration Committee
Minutes
March 19, 2012
"THAT the current wrecking yard provisions remain as they currently exist in the
Official Plan."
MOTION LOST
The foregoing Resolution #GPA- 218 -12 was then put to a vote and carried.
OTHER BUSINESS
FORWARDING DIRECT ELECTION RESOLUTION TO DURHAM MUNICIPALITIES
Resolution #GPA- 220 -12
Moved by Councillor Neal, seconded by Councillor Traill
THAT the resolution of Council regarding direct election of the Regional Chair, passed
on January 30, 2012, be forwarded to all Durham Region municipalities.
. CARRIED
COMMUNICATIONS
There were no items considered under this section of the Agenda.
CONFIDENTIAL REPORTS
EXPROPRIATION OF WEST BEACH LANDS FOR BOWMANVILLE WATERFRONT
DISTRICT PARK — PROPOSED SETTLEMENT OF PORT DARLINGTON HARBOUR
COMPANY, ET AL CLAIM
CLOSED SESSION
Resolution #GPA- 221 -12
Moved by Councillor Neal, seconded by Councillor Traill
THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of deliberating the Confidential Report PSD- 017 -12,
regarding a proposed or pending acquisition or disposition of land by the municipality or
local board which is also a matter that deals with advice that is subject to solicitor - client
privilege, including communications necessary for that purpose.
CARRIED
-17-
4 -17
General Purpose and Administration Committee
Minutes
March 19, 2012
RISE AND REPORT
The meeting resumed in open session at 4:32 p.m. with Mayor Foster in the Chair.
Mayor Foster advised that one item was discussed in "closed" session in accordance
with Section 239(2) of the Municipal Act, 2001 and one resolution was passed in Closed
Session to provide direction to staff.
ADJOURNMENT
Resolution #GPA- 222 -12
Moved by Councillor Partner, seconded by Councillor Traill
THAT the meeting adjourn at 4:33 p.m.
•
CARRIED
DEPUTY CLERK
DRAFT LIST
OF DELEGATIONS
GPA Meeting: April 2, 2012
(a) Libby Racansky Regarding Comments on the Additional Information on
Racansky's Well by W. Manson and Hancock Neighbourhood Projects
(b) Caroline Willoughby Regarding Pot Bellied Pigs
(c) Michelle Speelman Viney in Support of Ban on Train Whistles
(d) Anne Black Regarding Train Whistle Cessation
(e) Beth Meszaros and Donna Middleton, Clarington Citizens for Clean Water
and Soil, Regarding "Thanks and Future Considerations RE: Commercial Fill
Sites"
6 -1
\ L
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 2, 2012 Resolution #: By -law #: N/A
Report #: PSD- 019 -12 File #: PLN 7.9
Subject: USE OF POPPY SYMBOL ON STREET SIGNS
AMENDMENTS TO THE POLICY FOR WAR DEAD AND WAR VETERAN
NAMES FOR STREETS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 019 -12 be received;
2. THAT the Policy for War Dead and War Veteran Names for Streets be amended as
contained on Attachment 1; and
3. THAT all interested parties identified on Report PSD- 019 -12 be advised of Council's
decision.
Submitted by: zt�
D . Crome, MCIP, RPP
Director of Planning Services
B R/C P /df
27 March 2012
Reviewed by:�,--'
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
REPORT NO.: PSD- 019 -12
1. BACKGROUND
1.1 In May 2001, Council adopted a policy to recognize Clarington's war dead and war
veterans through street names in the Municipality and to introduce the poppy symbol on
the.street name signs. This has proven to be extremely well received in the community
by residents, developers and members of the Royal Canadian Legion Branch 178
(Legion Branch 178).
1.2 In September 2004, Council decided to honour Corporal Patterson with a street name
sign in the Port of Newcastle community following his service in Iraq with the United
States Marines. A poppy symbol was not included on the street name sign as Corporal
Patterson was not a veteran of the Canadian Military, as required by the Clarington
policy. Two residents of Newcastle, disappointed with the Municipality's decisions to
not permit a poppy symbol on street signage associated with Corporal Patterson, and
amend its street naming policy, made inquiries about poppy symbol usage to the Royal
Canadian Legion's national headquarters — officially known as Dominion Command.
1.3 In reviewing the issue Dominion Command advised that they did not possess a copy of
Clarington's street naming policy and its related use of the poppy symbol. They have
advised the Municipality that although the Legion Branch 178 has some local
knowledge it does not have authority to give final approval for the use of the poppy
symbol. This must be done from the national level.
1.4 Clarington was advised to seek approval from the Poppy & Remembrance Committee
of Dominion Command for the use of the poppy symbol, noted as a registered
trademark of the Legion. Further the Municipality was advised:
• each street name /poppy symbol request would be considered separately and
there would be no blanket approvals;
• the individual being honoured must be deceased; and
• Clarington has not requested from the above committee authority to use the
poppy symbol nor has Clarington aligned its street name policy with Legion
policies. The Legion Branch 178 was also notified of this requirement.
1.5 The Royal Canadian Legion Branch 178 was a supporter of the establishment of a War
Dead and War Veteran Names for Streets Policy in 2001 and Planning Services
Department staff worked closely with Legion Branch 178 representatives in drafting the
policy as adopted by Council. Planning staff have continued to work in concert with the
Legion Branch representative to ensure all names submitted meet the policies adopted
by Council. Neither Legion Branch 178 nor staff were aware that permission from
Dominion Command headquarters was required for the use of the poppy symbols on
the street signs.
1.6 In response to the correspondence from Dominion Command, Legion Branch 178
provided a letter of support for the current Clarington street naming policy provided
clearance for use of the poppy was given by Dominion Command. Further, it was
REPORT NO.: PSD- 019 -12
PAGE 3
stated if an agreement with Dominion Command is not reached, the Legion Branch 178
would not be in position to support the program.
1.7 Planning staff responded to the Secretary of the Poppy & Remembrance Committee.
Key aspects of this letter included:
• the shared Clarington and Legion goal of perpetuating of remembrance of
Canadian military personnel who made the ultimate sacrifice for Canada;
• the partnership with the Legion Branch 178 from the very beginning of the street
naming policy and its related programs;
• the importance of the policy to Clarington;
• the very careful validation work for the war dead and'war veteran names done by
the Legion Branch 178;
• the large scale of the policy and its related programs - 219 "poppy" street names
in Clarington — more than one fifth of all the Municipality's streets;
• the large consensus for the policy and its implementation, among: various
departments of the Municipality, Legion Branch 178, Durham Regional
Government, and the local land development community;
• Clarington's formal request to use the poppy symbol; and
• a proposal to report to Committee and Council to adjust Clarington's policy to
only recognize deceased confirmed war veterans.
1.8 Planning staff received a phone message from the Secretary from Dominion Command
advising as follows:
• the Clarington letter was acceptable;
• a standard street name sign design was to be submitted for once -only approval;
• all Street Names that have been approved but not implemented and all future
proposed street names to be submitted for approval;
• the Poppy & Remembrance Committee, Dominion Command, Royal Canadian
Legion is to be permanently identified in the Clarington street names approval
process; and
• all War Veterans, to have their names used, must be deceased.
The implications of, and the responses to, the above points are discussed below.
2. STAFF COMMENTS
2.1 Based on the verbal communication from Dominion Command there were three tasks
that needed to be undertaken to comply with their requirements to allow continued use
of the poppy symbol for war veterans:
a. submit the street name sign design for a once only approval;
b. revise our current street name policy:
i) to identify Dominion Command's role of approving war veteran names for
use as street names with the poppy symbol; and
ii) to only include deceased war veterans; and
C. review our current list of available war veteran street names to only include
deceased war veterans.
REPORT NO.: PSD- 019 -12
PAGE 4
2.2 The street name sign design has been forwarded to the Poppy and Remembrance
Committee for review and approval.
2.3 All the War Dead and War Veteran Names approved for use as street names but not yet
assigned will be forwarded to the Poppy & Remembrance Committee for review and
approval.
2.4 The Municipality of Clarington's War Dead and War Veteran Names for Streets Policy is
being amended as contained in Attachment 1. This will modify the street names
approval process so that after the Legion Branch 178 has approved a name, and after
said name has been approved by Clarington Planning Services, the new step of
sending the name to the Poppy & Remembrance Committee for approval is required.
The process will continue with the name going to Durham Region for final approval.
This modified approval process will be the path for all future proposed names. Only
deceased war veterans will be eligible.
2.5 Most of the living war veterans have already had a street named after them within a
registered plan of subdivision. There are only two (2) names of living veterans left on
the list and both of the gentlemen are World War 2 Veterans. Unfortunately, their names
will have to be held in abeyance until they are deceased.
3. CONCURRENCE — Not applicable
4. CONCLUSION
4.1 It is respectfully recommended that Council approve the amendments to the
Municipality of Clarington's War Dead and War Veteran Names for Streets Policy as
contained in Attachment 1 and that the interested parties be advised of Council's
decision.
CONFORMITY WITH STRATEGIC PLAN — Not applicable
Staff Contact: Bob Russell, Planner II
Attachments:
Attachment 1 - Modified Policies for War Dead and War Veteran Names for Streets
List of interested parties to be advised of Council's decision:
John Greenfield, Royal Canadian Legion Branch 178
Rick Saunders, Royal Canadian Legion Branch 178
Bill Maxwell, Poppy & Remembrance Committee, Dominion Command, Royal Canadian Legion
Attachment 1
To Report PSD- 019 -12
Municipality of Clarington
Planning Services Department Policies
SUBJECT: War Dead and War APPROVED BY: ® Council
Veteran Names for Streets
❑ C.A.O.
SECTION: Development General DATE APPROVED /UPDATED:
SUBSECTION: PSD -D010 May 29, 2001 /June 26, 2006 /March 25,
2008 /April 16, 2012
PURPOSE:
To honour the memory of men and women from Clarington who have fought or performed
battlefield nursing in a war or served in peacemaking or peacekeeping assignments overseas
as part of Canada's military.
POLICIES:
1. For the purpose of this policy, the "war dead" refers to those persons who died serving
overseas in active military duty including in the Canadian Merchant Navy that served in a
war zone as defined by the Canadian Government and in nursing overseas during: the
Peninsular and Crimean Wars, the Boer War, World War 1, World War 2, peacemaking
action initiated by the United Nations and /or NATO including the Korean War, the Gulf War
of 1991 and Afghanistan or any peacekeeping action initiated by the United Nations and /or
NATO in which Canada played an active military role.
2. For the purposes of this policy, "war veterans" refers to those persons who voluntarily
enlisted with Canada's military forces including the Canadian Merchant Navy that served in
a war zone as defined by the Canadian Government and in nursing and served overseas in
active duty during: the Peninsular and Crimean Wars, the Boer War, World War 1, World
War 2, and any peacemaking action initiated by the United Nations and /or NATO including
the Korean War, the Gulf War of 1991 and Afghanistan or any peacekeeping action initiated
by the United Nations and /or NATO in which Canada played an active military role.
3. The use of war dead and war veterans' names will be submitted to Royal Canadian
Legion, Dominion Command for approval in compliance with their Poppy &
Remembrance Committee poppy symbol usage policies.
4. The use of war dead and war veterans' names will comply with the Region of Durham street -
naming policy.
5. The war dead and war veterans that will be honoured in this manner are those men and
women who were residents of Clarington at the time that they enlisted.
6. Municipal staff will work with the Royal Canadian Legion in determining the men and women
that qualify for recognition.
7. The Municipality will encourage the use of war dead and war veterans' names within plans
of subdivision on the following order of priority:
a) Soldiers killed or missing in action; and
b) War veterans who have died.
6) W )Wai ` eteraRS whe are still liviRg
8. Street signs honouring war dead and war veterans will include a poppy in the design.
9. Streets previously named for individuals of historic significance or Clarington families and
not specifically identified at the time for a specific war dead or war veteran will not be
recognized with a poppy on the street name sign.
3 R
1,14
•
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 2, 2012 Resolution #: By -law #:
Report#: PSD- 020 -12 File #: PLN 2.9
Subject: MUNICIPAL POSITION ON PROVINCIAL AMENDMENT NO.1 TO THE
CENTRAL PICKERING DEVELOPMENT PLAN (PROVINCIAL PLAN FOR
SEATON)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. That Report PSD- 020 -12 be received;
2. That the Minister of Municipal Affairs be advised that the Municipality of Clarington does
not support proposed Amendment 1 to the Central Pickering Development Plan;
3. That the Minister of Municipal Affairs be advised that the Municipality of Clarington has
similar concerns to those outlined in the Region of Durham Report 2012 -J -10;
4. That the Minister of Municipal Affairs and Housing, the Minister of Transportation, the
Regional Municipality of Durham and the Durham area municipalities be advised of
Council's decision and forwarded a copy of Report PSD- 020 -12.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP
Director of Planning Services
COS /df
26 March 2012
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
Maw
1. PURPOSE
Page 2
1.1 The purpose of this report is to highlight the implications of Proposed Amendment No. 1
to the Central Pickering Development Plan with respect to the implementation of the
implementation of the Provincial Growth Plan and the impacts on the Municipality of
Clarington.
2. BACKGROUND
2.1 The Province of Ontario expropriated land in Pickering in the 1970's in concert with the
Federal Government expropriation of lands for a new international airport. The
provincial lands were acquired for the purpose of building a "New Town ". Some of the
history of these lands is outlined in the attached Regional Report 2012 -J -10
(Attachment 1).
2.2 On November 16, 2001, the Province of Ontario introduced the Oak Ridges Moraine
Conservation Plan to preserve the ecological integrity of the Oak Ridges Moraine. As
the Plan was being completed, there were development applications in process that
were deemed to be critically detrimental to the future of the Oak Ridges Moraine. As a
consequence, the government of the day entered into a land exchange agreement in
late 2001. The agreement provided for an exchange of these privately owned lands in
Richmond Hill and Uxbridge for publicly owned lands in Seaton.
2.3 The Central Pickering Development Plan (CPDP) was prepared under the Ontario
Planning and Development Act, 1994 (Attachment 3). The CPDC, approved on May 3,
2006, is better known as the Provincial Plan for Seaton.
2.4 The land exchange agreement between the Province and the Oak Ridges Moraine
developers was subsequently completed in August 2007. Over the past few years,
there has been a lot of activity with respect to the Seaton lands which is detailed in the
Regional Report. The land exchange developers and the Province appealed multiple
applications to the Ontario Municipal Board, including applications for amendments to
the Pickering Official Plan the Pickering Zoning By -law and various draft plans of
subdivision. In early 2011, the Province, the land exchange developers, the City of
Pickering and the Conservation Authority entered into Minutes of Settlement with
respect to the Pickering Official Plan and a timetable to complete various studies. The
Region, which is responsible for major infrastructure to service the lands, was not a
party to the settlement.
2.5 On January 31, 2012, notice of the proposed Amendment No. 1 to the CPDP was given.
The proposed amendment would:
a. Change the timing requirements associated with the implementation of financial
measures required by the Central Pickering Development Plan;
b. Clarify that infrastructure and other community facilities related to Central
Pickering will be required in a logical and sequential manner as the community
builds out;
8 -7
REPORT NO.: PSD- 020 -12 Page 3
C. Clarify the population and employment forecasts in the Central Pickering
Development Plan and the intent that these forecasts are to be used for the
purposes of planning to 2031;
d. Clarify the relationship between the Central Pickering Development Plan and the
Growth Plan for the Greater Golden Horseshoe, 2006;
e. Clarify the implementation process for Seaton; and
f. Undertake minor housekeeping changes.
2.6 The Region's Report 2012 -J -10 on Proposed Amendment No. 1 was considered and
endorsed by the Joint Committees of Planning and Economic Development, Finance
and Administration, Health and Social Services and Works on March 22, 2012.
Regional Council is scheduled to consider the report on April 4, 2012.
3. COMMENTS
3.1 The proposed amendment to the Central Pickering Development Plan undermines
the Region's role in implementing the Provincial growth targets within Durham
Region
Land use planning has always been under Provincial oversight and Durham is
particularly constrained with the various provincial land use plans, including the Oak
Ridge Moraine Conservation Plan, the Greenbelt Plan and the Growth Plan for the
Greater Golden Horseshoe (the Growth Plan). The Growth Plan clearly sets as a
regional responsibility the allocation or distribution of the population and employment
projections to the municipalities within the Region. Furthermore, the Region has been
working on the implementation of the Provincial Growth Plan through the "Growing
Durham" exercise for the last few years in coordination with the local municipalities.
Regional Official Plan Amendment 128 (ROPA 128) has been adopted by Regional
Council. After going through this exercise, the Province now establishes growth targets
for Seaton that are contrary to the ROPA 128.
Moreover, the Proposed Amendment to the CPDP upsets the process of upper tier and
lower tier plans presumably as a result of the Minutes of Settlement referenced above.
It removes the requirement for an amendment to the Regional Official Plan prior to an
amendment to the Pickering Official Plan.
The proposed Provincial amendment to the CPDP clearly undermines not only the
Region's process to date, but also roles for the different levels of government set out in
the Growth Plan.
3.2 Seaton employment targets will negatively impact economic development in other
Durham municipalities including Clarington
The Province, through the Growth Plan, allocated a ratio of 3:1 (residents: jobs) to
Durham, the lowest in the GTA; the other regions were allocated a ratio of 2:1. Through
this amendment the Province allocates a ratio of 2:1 to Seaton (61,000:30,500). This is
much higher than the ratio allocated for the whole Region.
REPORT NO.: PSD- 020 -12
Paqe 4
The 30,500 jobs target for 2031 has major implications. The Growth Plan target is
160,000 net new jobs for Durham. This is approximately 5,300 new jobs per year. The
Seaton target represents almost 20% of the jobs created between 2001 and 2031.
Given that we are 10 years in on this period and nothing has started in Seaton, and
given the servicing challenges, it is unlikely for Seaton to be serviced for development
for at least another 5 years. As a result, for the period from 2018 to 2031, almost
50% of all new jobs in Durham would be expected to be located in Seaton.
Targets are just that — "targets ". Business will not be compelled to one area or another.
Targets may never be realized without private investment. However, the significance of
the target is that public infrastructure funding will be oriented to help achieve those
targets. Furthermore, the Province will have an interest in seeing these targets met on
their own lands and have the ability to offer incentives to achieve this.
In addition to the above, the Province is also suggesting that 95% of the Seaton jobs
would be office - related, further reducing the ability of the other lakeshore municipalities
to attract and generate employment in other sectors other than manufacturing. This was
never factored -in when developing the recommendations of ROPA 128. This has three
impacts on Clarington:
It reduces the our ability to develop Town Centres and business parks by
concentrating office - related space in Seaton;
It will undermine the potential market absorption of already designated
employment lands in the other lakeshore municipalities; and
It reduces the need for more employment lands throughout the Region even if
more easily serviced and strategically located such as the land east of Courtice
Road which was refused by the Minister of Municipal Affairs (Refusal #3 see
Attachment 4).
The Region is also right to point out that the amendment is contrary to the recent
Minister's decision on ROPA 128 where the province allocated 70,000 people and
35,000 jobs to Seaton. There is no explanation for the change. It is also important to
mention that the Province has not released any technical documents (e.g. revised
population and employment projections for the GTA and Durham) to justify the targets.
3.3 Infrastructure Costs for Seaton pose a significant financial cost and risk for the
Region of Durham and the commitments to the Seaton development will be at the
expense of Clarington and other Durham Region municipalities.
The Region's report 2012 -J -10 indicates that in excess of $900 million of infrastructure
costs is required for Regional water, sewer, roads and transit infrastructure to service
Seaton. Neither the Region nor Province has a plan to finance this infrastructure at the
moment.
The Region's report focuses on proposed amendments to the CPDP that seem to take
away the responsibility of the land owners including the province to pay for the external
infrastructure improvements that are obviously significant.
REPORT NO.: PSD- 020 -12 Page 5
The Regional Report indicates that the Provincial Amendment to the CPDP would force
the Region to plan and finance the infrastructure in Seaton as their first priority in the
Region's capital budget. So the question would be whether funding would be available
for other infrastructure needs, in particular to service Clarington's employment lands?
Moreover, even if the Region took a disciplined approach to fairly distribute
development charge dollars, there will be tremendous pressure from the Province and
the influential developers in Seaton. Since this was a land- exchange arrangement to
facilitate the Oak Ridges Moraine Conservation Plan, the Province will be under some
obligation to ensure a smooth development process.
With the Province anxious to see Seaton proceed, it could provide for partial funding
towards the cost - sharing of the infrastructure costs that would make it hard for the
Region to resist.
Given the development charges legislation is insufficient to provide for full cost recovery
of development costs, there would be an impact on tax payers across the Region of
Durham in the form of:
• An additional regional tax levy
• Increased user charges for water, sewer and transit
In addition, the financing of infrastructure would be done in part through front - ending
arrangements with the developers. The concern with such a massive front - ending
scheme is that the flow of Development Charge receipts' back to the developers would
occur for years to come. This would cause cash -flow problems for Regional projects in
other municipalities and limit the Region's flexibility to address infrastructure needs.
Staff fully agree with the Region's statement that "This commitment to the Seaton
development will be at the expense of developing other areas of the Region."
Key impacts for Clarington:
® Development charge collections, user charges for sewer and water and tax levy
dollars would be heavily used in Seaton;
® :Key infrastructure investments in Clarington would be delayed, including both
plant expansions and trunk sewer /watermain extensions or replacements; and
® Growth targets will not be met and progress to a more complete community with
jobs in Clarington will not be achieved.
At the very least, there should be an area - specific Development Charges By -law for
Seaton to minimize the fiscal impacts respecting the future infrastructure needs of the
other municipalities.
3.4 The Region will need to revisit the assumptions of its Growth Plan conformity
exercise at some expense and delay to the Regional and area municipal plan
updates
The Province is, in effect, directing the Region amend ROPA 128 around the
assumptions for Seaton Plan. To be fair to the Region and to all of us, the Province
m
REPORT NO.: PSD- 020 -12
Page 6
should have said so four years ago. This will further delay the OMB process /decision on
ROPA 128 and as a result Clarington's Official Plan Review.
We are a party to the appeals on ROPA 128. The land budget analysis will have to be
revisited, particularly for employment areas.
Clarington did not agree with the designation of new lands in the north Pickering area
given that there were readily serviceable lands in Clarington. If Seaton (Central
Pickering) results in changes to the allocation of population and employment targets
and the corresponding land uses, this should not be at the expense of growth areas in
other area municipalities.
4. CONCURRENCE - Not applicable
5. CONCLUSION
5.1 The Provincial Amendment No.1 to the Central Pickering Development Plan
undermines the autonomy of the Region of Durham in implementing the Provincial
Growth Plan. The Amendment would inevitably lead to make Seaton the number one
priority for infrastructure funding therefore reducing the Region's ability to properly fund
projects in other areas of the Region. The proposed targets for Seaton would require
the region to redraft ROPA 128 to recalculate the employment and population targets
for all Regional municipalities further delaying our own Official Plan Review.
5.2 Staff concur with the analysis of Regional Staff report 2012 -J -10 and recommends that
Council support the Regional recommendations as outlined in that report and that
together with this report be considered the official comments of the Municipality of
Clarington on the proposed Amendment No.1 to the Central Pickering Development
Plan.
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
8 -11
REPORT NO.: PSD -020 -12
Staff Contact: David Crome and Carlos Salazar
Attachments:
Attachment 1 — Copy of Report from Region of Durham (2012 -J -10)
Attachment 2 — Context Map (Excerpt from 2012 -J -10)
Attachment 3 — CPDP Land Use Schedule (Excerpt from 2012 -J -10)
Attachment 4 — Regional Official Plan Map A5 — Consolidation for ROPA 128
List of interested parties to be advised of Council's decision:
A.L. Georgieff, Region of Durham
Rick Bartolucci,, Minister of Municipal Affairs and Housing
Bob Chiarelli, Minister of Transportation
Durham Area Municipalities
e7
8 -12
Attachment 1
To Report PSD- 020 -12
The Regional Municipality of Durham
To: The Planning & Economic Development, Finance &
Administration, Health & Social Services and Works
Committee
• From: A.L. Georgieff, Commissioner of Planning and Economic
Development
R.J. Clapp, Commissioner of Finance
H. Drouin, Commissioner of Social Services
R.J. Kyle, Commissioner and Medical Officer of Health
C. Curtis, Commissioner of Works
Report No.: 2012 -J -10
Date: March 22, 2012
SUBJECT:
Regional Response to Proposed Amendment No. 1 to the Central Pickering
Development Plan (CPDP) — Initiated by the Minister of Municipal Affairs and Housing
pursuant to the Ontario Planning and Development Act, 1994.
Standing Committee Correspondence #2012 -25 from Larry Clay, Regional Director,
Municipal Services Office - Central Region, Ministry of Municipal Affairs and Housing,
dated January 25, 2012, File: D03 -06 -37
RECOMMENDATIONS:
THAT the Planning & Economic Development, Finance & Administration, Health &
Social Services and Works Committee recommends to Regional Council:
a) THAT the Minister of Municipal Affairs and Housing be advised that the
Region of Durham does not support proposed Amendment No. 1 to the
Central Pickering Development Plan (CPDP) for the following reasons:
• It is contrary to the Province's stated purpose for the amendment of
"clarity" and "minor housekeeping ", because it will have significant impacts
on the local autonomy for the development of Seaton, including planning,
the implementation of infrastructure and related financing requirements for
the Region and the City of Pickering;
am
Report No.: 2012 -J -10 Page No. 2
• The 2031 population and employment allocations (e.g. 61,000 persons
and 30,500 jobs) are not consistent with the Region's growth management
"Growing Durham" study, and are in conflict with Regional Council's
position (e.g. 70,000 persons and 16,500 jobs);
• It deletes any consideration from the CPDP that market influences should
be taken into account in the planning of Seaton within the 2031 timeframe,
which is inconsistent with the Region's Growing Durham study and
methodology;
• It is inconsistent with the vision and policy direction of the Growth Plan for
the Greater Golden Horseshoe (Growth Plan), as it hampers'the Region's
ability to plan for complete communities;
• It contravenes the Growth Plan policy 5.4.2.2 requirement for upper -tier
municipalities to allocate population and employment forecasts to lower-
tier municipalities;
• It removes the requirement of a Durham Regional Official Plan
Amendment (ROPA) prior to the approval of an amendment to the
Pickering Official Plan to implement the CPDP, which essentially usurps
the Region's legislative authority, and is contrary to the current Ontario
land use planning framework, and specifically subsections 17(13) and 27
of the Planning Act;
• It potentially delays the construction of the Highway 407 interchanges in
Seaton, which detrimentally impacts CPDP Policy 4.6.3 and Regional and
City of Pickering direction for servicing Seaton's employment lands, prior
to or concurrent with the first phase of residential development;
• It is inconsistent with the Region's practice of having financial
arrangements in place prior to development approvals, because the
amendment proposes that financial arrangements be in place at a later
stage of the development process namely, prior to the issuance of building
permits;
• It is inconsistent with Regional Official Plan (ROP) Policy 8.3.3 and
Section 6, because the amendment removes the requirement that the
Region's financial interests and security be protected prior to development
approvals;
•
Report No.: 2012 -J -10 Page No. 3
• It is contrary to the Provincially endorsed North Pickering Land Exchange
and Development Principles to respect local planning responsibilities, and
to remain an active participant in the development of Seaton;
• It,is contrary to the Region's Principles for the development of Seaton,
established by Regional Council 10 years ago, that local planning
autonomy be maintained and that the Region's financial security be
protected; and
• It allows the Province and Seaton landowners to withdraw from any
responsibility to address internal and external infrastructure requirements
necessary to ensure that Seaton will function as a model community from
the outset, which will subject Regional taxpayers and ratepayers to an
inappropriate financial risk related to funding the water, sewer, roads and
transit infrastructure costs associated with the development of Seaton.
b) THAT the Minister of Municipal Affairs and Housing be requested not to
proceed with Amendment No. 1 to the CPDP;
C) THAT in order to ensure there is no financial impact on the Region's
taxpayers and ratepayers in the development of Seaton, the Minister of
Municipal Affairs and Housing, be requested to:
• amend the Development Charges Act, 1997 to enable municipalities to
fully recover the costs of new development (e.g. eliminate the ten year
historical level of service restriction on soft services like transit), so that
it pays for growth ";
• provide upfront funding for the infrastructure costs to service the
Provincially -owned lands (as the Province is a significant landowner within
Seaton, owning approximately 47% of the developable land area), to
ensure that the employment lands will be serviced prior to or concurrently
with the first phase of residential development; and
• provide financial assistance to the Region, in accordance with Section 20
of the Ontario Planning and Development Act, 1994 in the event that
increased costs are encountered in the implementation of the CPDP; and
8 -15
Report No.: 2012 -J -10. Page No. 4
d) THAT a copy of Report No. 2012 -J -10 be forwarded to the Minister of
Municipal Affairs and Housing, the Region's area municipalities, Regional
Municipality of York, City of Toronto, Town of Markham, Toronto Region
Conservation Authority (TRCA), Minister of Infrastructure, Minister of
Transportation, Ontario Infrastructure and Lands Corporation, Association of
Municipalities of Ontario (AMO), Sernas Associates, 407 ETR, Transport
Canada, Metrolinx, and the Greater Toronto Airports Authority (GTAA).
REPORT:
1. PURPOSE
1.1 The purpose of this Report is to recommend a Regional response to proposed
Amendment No. 1 to the CPDP. The CPDP was prepared by the Ministry of
Municipal Affairs and Housing under the authority of the Ontario Planning and
Development Act, 1994, and came into effect on May 3, 2006. This Provincial
Plan applies to land located in the. central part of the City of Pickering, namely
the Seaton Urban Area (Seaton) and the Duffins Rouge Agricultural Preserve
(Agricultural Preserve).
1.2 This Report also provides historical context, background information, and an
update on recent activities related to the development of Seaton, including:
• Principles for the development of Seaton;
• A description of the CPDP;
• A summary of studies required to implement the CPDP;
• Seaton land ownership;
• Provincial Development Facilitator involvement, Minutes of Settlement and
Mediation; and
• Related Ontario Municipal Board activity.
1.3 For reference, a copy of the CPDP, illustrating proposed Amendment No.1 is
provided on CD in Attachment 1. The proposed amendment, including a
numerical reference to each change ( "item "), are shown in red font.
C:111I
Report No.: 2012 -J -10 Page No. 5
1.4 Comments on the proposed amendment are provided in italics.
2. HISTORICAL CONTEXT AND BACKGROUND
Location
2.1 The land located within the central part of the City of Pickering, known as
Seaton, and the agricultural land to the west of West Duffin Creek, known as
the Agricultural Preserve, were originally acquired by the Province in the early
1970's for the purpose of building a "New Town ". The New Town was to
achieve a population in the order of 150,000 — 200,000. The lands are
immediately south of the land acquired by the Federal government for a
proposed airport (refer to Attachment 2 — Context Map).
2.2 Seaton has been designated as an Urban Area in the ROP since the first Plan
was approved by the Province in 1978. The planned population for Seaton at
that time was 90,0,00. The Agricultural Preserve, formerly a "Special Study
Area ", was designated for agricultural uses in the early 1990's, and retains an
agricultural designation today in the ROP. In 1995, the Province announced
its intention to divest Agricultural Preserve lands into private ownership.
Since then, most of the land in the Preserve has been sold to private
interests.
Land Exchange Agreement and Principles for the Development of
Seaton
2.3 In late 2001, as part of the Province's strategy to protect the Oak Ridges
Moraine, the Province announced its intention to exchange some publicly
owned lands in Seaton for privately owned lands on the Moraine in Richmond
Hill and Uxbridge (land exchange agreement).
2.4 In 2002, the Province appointed a "North Pickering Land Exchange Review
Panel ", chaired by David Crombie, to recommend a set of principles to guide
the valuation, exchange and future development of "North Pickering" (now
known as "Central Pickering "). Among the six principles recommended by the
Panel, and subsequently endorsed by the Region and the Province, are:
8 -17
Report No.: 2012 -J -10
Page No. 6
• that "the Province, as a local landowner, potential development partner,
regulator and guardian of the public interest, must remain an active
participant in the subsequent protection and development of North
Pickering and
• that "development of land in North Pickering must demonstrate innovation
and sustainability while respecting the planning responsibilities of the
City of Pickering, the Region of Durham, and the Province of Ontario ".
[emphasis added]
2.5 The Region supported these principles because they were seen to support the
Region's interests to ensure Seaton was developed in a manner that
maintained the Region's autonomy in the planning of Seaton, and did not
cause any financial burden on the Region.
2.6 At the same time the Region was considering the Panel's recommendations,
Regional Council endorsed a set of Principles for the development of Seaton
that were consistent with ROP policy and the Panel's recommendations,
including:
• Seaton be developed as a model community, embracing the concepts of
compact urban form, transit supportive, mixture of uses, good urban
design, pedestrian and cyclist friendly, and in harmony with nature (ROP
Policies 8.1.4, 8.1.5, 8.1.6, 8.2.1, 8.3.2);
• The provisions of the ROP for the development of Seaton will be
implemented through appropriate policies in the Pickering Official
Plan (ROP Policy 8.3.11);
• Provincial involvement should continue in the development of Seaton
to provide for continuity in development, and to simplify financial
arrangements for infrastructure (ROP Policy 8.3.3);
• A study of the staging and timing of the development of Seaton, in
terms of financial impact on the Region (including water, sewer and
roads), will be undertaken rp for to consideration of development
(ROP Policy 8.3.3);
1 Joint Report 2002 -J -30, December 4, 2002.
No.: 2012 -J -10
Page No. 7
• "Growth must pay for growth" and each phase of development must be
financially sustainable (ROP Policy 6.2.1);
• Infrastructure costs incurred for non - sequential development must
be borne by the developers (ROP Policy 5.3.11);
• Infrastructure oversizing costs for development expected to occur in the
long -term, shall be borne in the interim through front -end financing by
the Province /developers /landowners (ROP Policy 6.2.1);
• Taxpayers and ratepayers shall not be adversely impacted due to the
development of Seaton (ROP Policies 6.2.1, 6.3.1, 6.3.2); and ,
• Pickering and Durham have primary responsibility for planning
Seaton (ROP Policy 8.3.11).
[emphasis added]
2.7 These Principles have guided the Region throughout the process of advancing
the development of Seaton, and reflect the key interests of the Region to
ensure its local autonomy and financial security.
Central Pickering Development Plan (CPDP)
2.8 In April 2003, the Minister of Municipal Affairs and Housing issued an Order
under the Ontario Planning and Development Act, 1994 establishing a
"Planning Development Area" comprising Seaton and the Agricultural
Preserve. Subsequently the Province proceeded to prepare a Development
Plan for this area. This resulted in the approval of the CPDP, which came into
effect on May 3, 2006.
2.9 The CPDP provides policies for the development of Seaton and the
Agricultural Preserve (refer to Attachment 3 — CPDP Land Use Schedule).
2.10 The CPDP establishes policies for Seaton, which include:
• a large and diverse land area containing an extensive Natural Heritage
System (53% of the land base) that is to remain in public ownership and
be properly managed;
•
ort No.: 2012 -J -10
Page No. 8
• a community with "an eventual population of up to 70,000 residents" and
35,000 jobs;
• providing sufficient opportunity for employment to be balanced with
population (i.e. one job for every two persons);
• a transit supportive community from the earliest stages of development;
and
• servicing employment lands along Highway 407, prior to or concurrent
with the first phase of residential development.
2.11 Early in the process, it was recognized that significant infrastructure
improvements are required to develop Seaton in a manner consistent with the
vision of the CPDP, including:
• major Regional water and wastewater infrastructure to service the new
community, including oversizing to accommodate future development of
the Federal lands as the Region's preferred approach (estimated at $572
million);
• new Regional arterial roads, with several significant bridge structures,
such as Whites Road and Whitevale By -pass crossing West Duffin Creek
(estimated at $278 million);
• transit infrastructure, including a new depot (estimated at $100 million);
• a solid waste transfer station (estimated at $4 million);
• community facilities (e.g. Police, EMS, Health and Social Services),
estimated to exceed $20 million;
• two new Highway 407 interchanges (estimated at $55 million);
• improvements and widening of Highway 7 through Seaton, which is
currently under Provincial jurisdiction (estimated at $73 million); and
• significant improvements to roads outside the Region (e.g. Steeles Ave in
Toronto, Markham By -pass and14th Avenue in York) to support the new
urban development (estimated at $117 million).
8 -20
No.: 2012 -J -10
Page No. 9
2.12 The Seaton area and its development as envisioned by the CPDP is unique in
the Province of Ontario. No other area in the Province shares its history of in-
depth planning as a single development proposal for such a broad geographic
area, with higher than normal standards for natural heritage protection and
expectations for its development as a transit supportive, model community
from the outset. This is evidenced by the fact that the Province deemed it
necessary to enact the CPDP under the Ontario Planning and Development
Act, 1994 to develop a new urban community, an approach not used
anywhere else in the Province.
Supporting Studies to Implement the CPDP
2.13 Since the CPDP came into effect, numerous studies have been completed, or
are underway, to support the implementation of the, CPDP (refer to
Attachment 4 - Summary and Status of Required Studies to Implement the
Central Pickering Development Plan),
2.14 Regional staff have participated and provided input throughout the
preparation of all of these studies, and continue to do so for the studies that
are underway. Regional involvement is guided by the Principles for the
development of Seaton established by Regional Council, to ensure that
Regional interests are protected.
2.15 Regional interests have also been identified and conveyed to the Province on
numerous occasions through Joint Reports to Regional Counci12 and
correspondence from the Regional Chair.
2.16 The preparation of these studies and the efforts expended in their completion,
confirm the Region's expectation that Seaton will be developed as a model
community, addressing Regional Council's Principles for the development of
Seaton (refer to Section 2.6).
2 Reports 2002 -J -30, 2003 -P -56, 2005 -P -73, 2006 -J -14, 2006 -P -18, 2007 -J -08, 2007 -J -22, 2008 -J -01,
2009 -J -03, and 2009 -J -22.
8 -21
Report No.: 2012 -J -10 Page No. 10
Seaton Land Ownership and Appeals to the Ontario Municipal Board
2.17 In August 2007, the land exchange agreement between the Province and the
Oak Ridges Moraine developers was completed. As a result, a significant
portion of the residential /mixed use lands within Seaton was transferred to
private developers (the land exchange developers). The Province continues
to retain ownership of approximately 75% of the Seaton lands, including all of
the employment lands (400 hectares) along the Highway 407 corridor, the
entire Natural Heritage System, the Hamlet Heritage Open Spaces adjacent
to Whitevale and Green River, and portions of the residential /mixed use lands
generally along Brock Road (refer to Attachment 5 — Seaton Land Ownership
Map).
In terms of developable land area, the land exchange developers own
approximately 615 hectares (1,520 acres) or 53 %, and the Province owns
approximately 550 hectares (1,360 acres) or 47 %3.
2.18 During the. 2008/2009 period, the land exchange developers submitted draft
plans of subdivision, Pickering Official Plan amendment and zoning -by -law
amendment applications to the City of Pickering for their respective properties
in Seaton.
2.19 In September 2010, the land exchange developers filed appeals to the
Ontario Municipal Board (OMB) for the City's failure to make a decision on the
planning applications.
2.20 In April 2011, the Province submitted-planning applications for its developable
land holdings, and subsequently in October 2011 also filed appeals to the
OMB, in order to consolidate Seaton planning matters before the OMB.
3 Proposed Staged Servicing and Implementation Strategy (SSIS), December 2011, Sernas Associates.
8 -22
No.: 2012 -J -10 Page No. 11
3. RECENT ACTIVITIES
Provincial Development Facilitator
3.1 In June 2010, the Provincial Development Facilitator (Facilitator) was
assigned to advance the implementation of the CPDP. The Facilitator held a
number of confidential and without - prejudice sessions involving the Province,
land exchange developers, TRCA, the City of Pickering and the Region.
Minutes of Settlement
3.2 Following several months of meetings with the Facilitator, in
January /February 2011, the Province, land exchange developers, TRCA and
the City of Pickering entered into Minutes of Settlement expressing joint
support for a proposed Pickering OPA, and a time table to complete the other
required studies pertaining to the development of Seaton, to the satisfaction
of the City, including:
• Neighbourhood Plans;
• Sustainability Guidelines;
• a Staged Servicing and Implementation Strategy (SSIS);
• a Master Environmental Servicing Plan amendment;
• Neighbourhood Functional Servicing and Stormwater Reports (NFSSR);
and
• a Fiscal Impact Study for the City of Pickering.
3.3 The Region is not a party to this agreement, because major Regional issues
related to infrastructure, phasing, and planned growth to 2031 are not
addressed in the proposed Pickering OPA to the Region's satisfaction. In
particular, the proposed Pickering OPA includes a population of 61,000 and
30,500 jobs by 2031 for Seaton, whereas the Region's Growth Plan
conformity amendment (ROPA 128) includes a 2031 forecast of 70,000
people and 16,500 jobs. Further, the population and employment figures
contained in the proposed Pickering OPA conflict with the Province's decision
to modify ROPA 128 by allocating 70,000 people and 35,000 jobs to Seaton.
8 -23
Report No.: 2012 -J -10 Paae No. 12
Ontario Municipal Board Pre - hearings and Mediation
3.4 Between March and December 2011, four OMB pre- hearing conferences
occurred related to the Seaton appeals. Also, during this period, Regional
staff participated in 20 days of OMB mediated discussions with Provincial
staff, with the objective of resolving differences. Unfortunately, these efforts
were unsuccessful.
3.5 On July 4, 2011 the Region filed a Notice of Motion with the OMB to request
consolidation of the Seaton OMB appeals with the ROPA 128 appeals, or as
an alternative, an adjournment of the Seaton OMB hearing (the Motion). The
Motion was necessary to address the Region's concerns with the conflicts
between the ROPA 128 forecasts for population and employment, other
population and employment numbers in the Minister's modification to ROPA
128, and the proposed Pickering OPA for Seaton.
3.6 On July 7, 2011 the Regional Chair wrote to the Ministers of Municipal Affairs
and Housing, and Infrastructure, expressing concern that the issues the
Region has repeatedly brought forward regarding the development of Seaton
were not being addressed, including the potential financial burden on the
Region and taxpayers (refer to Attachment 6 — Letter from Chair Anderson to
Ministers).
3.7 During the week of November 28, 2011, the Region's Motion was heard by
the OMB. In its Motion, the Region argued that the Seaton hearing should
either be consolidated with the ROPA 128 hearing, and therefore be
considered comprehensively, or, in the alternative, be adjourned until the
hearing on ROPA 128 had progressed beyond the land budget exercise. A
key issue for the Region in seeking consolidation or adjournment included the
potential prejudice to the balance of the Region if Seaton was considered in
isolation.
3.8 In its decision on the Region's Motion, the OMB refused to order
consolidation. Instead, the OMB ordered that evidence on growth
management for the whole of the Region could be heard on issues with
respect to population and employment numbers for Seaton in the Seaton
8 -24
Report No.: 2012 -J -10
No. 13
hearing, and that those numbers could properly be considered as a
predetermined "input" into growth management for the balance of the Region
in the ROPA 128 hearing. The commencement of the Seaton hearing was
adjourned, but only until February 27, 2012.
Section 43 Review
3.9 In response to the OMB's decision on the Motion, the Region filed a request
to the OMB to review its decision in accordance with Section 43 of the Ontario
Municipal Board Act (Section 43 Review), on the basis that the decision was
incorrect.
3.10 The OMB scheduled a hearing on January 25, 2012 to re -argue the Motion
and to hear submissions on the Section 43 Review.
Declaration of Provincial Interest
3.11 Immediately prior to the commencement of the hearing on the Motion, the
Minister of Municipal Affairs and Housing issued a declaration of provincial
interest under the Planning Act regarding the appeals to Pickering's OPA and
zoning by -law amendments affecting Seaton (refer to Attachment 7). The
declaration was accompanied by a proposed amendment to the CPDP
(proposed amendment).
3.12 Under the Planning Act, when the Minister has declared a provincial interest,
the decision of the OMB is not final until approved by the Lieutenant
Governor -in- Council, who may also vary or rescind the decision of the OMB.
3.13 The hearing of the Motion and the February 27, 2012 OMB hearing for the
Seaton appeals were subsequently adjourned. A pre- hearing conference for
the Seaton appeals is scheduled for June 11, 2012.
Comments:
3.14 The intervention of the Minister at this stage in the OMB hearing process
is alarming and without precedent. It is evident that the Province is quite
8 -25
Report No.: 2012 -J -10 Page No. 14
concerned that the potential outcome of the proceedings may affect its self
interest as a major landowner in Seaton. The material that was produced by
the Province as a result of an OMB Order through the course of the Seaton
pre- hearings, clearly indicates that the Province is promoting development
in Seaton without competition from potential development elsewhere in
the Region.
4. PROPOSED AMENDMENT NO. 1 TO THE CPDP
4.1 On January 31, 2012, notice of the proposed amendment was received by the
Region from the Ministry of Municipal Affairs and Housing, consisting of 23
changes or items (refer to Attachment 8 - Standing Committee
Correspondence #2012 -25).
4.2 The stated purpose for the proposed amendment is to:
• change the timing requirements associated with the implementation of
financial measures;
• clarify that the need for infrastructure and other community facilities will
be required as Seaton builds out in a logical and sequential manner;
• clarify the population and employment forecasts, and the intent that these
forecasts are to be used for the purposes of planning to 2031;
• clarify the relationship between the CPDP and the Growth Plan;
• clarify the implementation process for Seaton; and
• undertake minor housekeeping changes.
[emphasis added]
Comments:
4.3 Contrary to the Province's assertion that the proposed changes to the
CPDP are minor in nature and intended to provide "clarity" or "minor
housekeeping" changes, the amendments will have significant impacts
on local autonomy and the financial security of the Region and the City
of Pickering. In some cases, the changes proposed by the Province
introduce additional policy conflicts (e.g. absorption rates in relation to
phasing) rather than the desired clarity.
Report No.: 2012 -J -10 Page No. 15
4.4 As previously noted, local autonomy and the financial security of the Region
have been the key principles directing the Region's involvement in the Seaton
development process for over ten (10) years.
Interference in Local Autonomy
4.5 The proposed changes to the CPDP reduce the Region's autonomy for
planning its future growth and development, including:
• the addition of policies to recognize a population of 61,000 residents and
30,500 jobs at 2031, and requirements for the Region to use these
numbers when undertaking its conformity exercise with the Growth Plan
(refer to items 1, 2, 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 16, 19, 20, 21 of the
proposed amendment);
• the deletion of Section 4.8.6 to remove consideration of future market
demands in forecasting growth in Seaton (refer to item 17 of the proposed
amendment); and
• the revision to Section 5.3 to remove the necessity for a ROP amendment
prior to approval of the City's OPA, plans of subdivision and zoning
amendments to implement the CPDP (refer to item 23 of the proposed
amendment).
Comments:
4.6 The CPDP currently includes policies that recognize that Seaton will
accommodate an eventual population of "up to" 70,000 residents and 35,000
jobs, with no reference to a specific timeline within which that would occur.
The requirement to take into account "future market demands" in the planning
for Seaton (as was done in the Region's Growing Durham study
methodology) is proposed to be deleted. The Province is proposing
population and employment numbers (61, 000 people and 30,500 jobs) for
Seaton that have been calculated on the basis of an unrealistic and
unprecedented development capacity for the lands within the 2031
timeframe, with no consideration for the reality of market influences.
The proposed employment numbers rely upon an unrealistic and
8 -27
ort No.: 2012 -J -10
e No. 16
improbable assumption that over 95% of jobs in Seaton's designated
employment area will be office related.
4.7 The proposed population and employment numbers are most troubling in the
context of the employment (ie. jobs) allocation for the broader Region for the
period to 2031. The implication of the Province's amendment proposal will
require the reallocation of almost 15, 000 jobs. Two options would be
available, as described below.
4.8 One option is to maintain the Growing Durham employment allocations by
area municipality, and to re- allocate the jobs within Pickering. The Province's
proposal includes a disproportionate number of population- related and office
type jobs directed toward Seaton. As a result, less than 400 population -
related and office jobs would remain for allocation in the remainder of
the existing Pickering Urban Area, including the Urban Growth Centre to
2031. This outcome would not provide the opportunity for the remainder
of Pickering to grow as a complete community. This is not in
conformity with the vision and policy directions of the Growth Plan.
4.9 The other option is for the entire Region to share in the loss of the
employment allocation because of the Province's proposal to direct most of
the Region's new jobs to Seaton. The result would be significantly less
Employment Area expansions in Whitby ( -30 hectares), Oshawa ( -55
hectares) and elsewhere in Pickering (414 hectares) than the Growing
Durham (350,000 jobs) allocations, representing over 500 fewerjobs in
Whitby, about 1,500 fewerjobs in Oshawa, and almost 4,000 fewerjobs
elsewhere in Pickering. In addition, almost 9,000 population- related and
other non - employment area related jobs would have to be redirected
from the remaining area municipalities to Seaton, resulting in declining
employment activity rates (i.e. employment/ population) in all area
municipalities except Pickering. The disproportionately small share of new
employment that would be distributed to the area municipalities other than
Pickering, hampers the Region's ability to plan for complete
communities through the rest of Durham, as required by the Growth
Plan.
Report No.: 2012 -J -10 Page No. 17
4.10 Collectively, these changes to the CPDP seriously compromise the Region's
ability to comprehensively plan for the future growth and development of the
entire Region. The changes conflict with the provisions of Growth Plan
policy 5.4.2.2, which gives the Region the responsibility for allocating
growth forecasts to the Region's lower- -tier municipalities. In addition,
the changes also interfere with the Region's ability to plan for complete
communities throughout the Region -- not just Seaton. In effect, the
Province is proposing to nullify the Region's comprehensive review
exercise (Growing Durham) and impose numbers that are in conflict
with Regional Council's position.
4.11 The proposed amendment also removes the necessity for a ROPA prior to
approval of the Pickering OPA, thereby usurping the Region's legislative
authority under subsections 17(13) and 27 the Planning Act, which identifies
the ROP as a "mandatory" Official Plan and requires lower -tier Official Plans
(i. e. the Pickering OP) to be in conformity with upper -tier Official Plans (i.e.
the ROP). In addition, the proposed amendment is contrary to the
Province's Principle to respect local planning responsibilities, and the
Region's Principle that local planning autonomy be maintained.
Infrastructure
4.12 The proposed changes to the CPDP have the potential to impact the phasing
of infrastructure, and costs related to infrastructure both within and outside
the Seaton urban area. These include:
• the revision to Section 3.2 to require that the costing and development of
infrastructure apply to the "Development Planning Area" only, rather than,
taking into account the broader surrounding community, as currently
contained in the CPDP (refer to item 7 of the proposed amendment);
• the revisions to Sections 4.3.3, 4.5.1, 4.5.3 to require that the
development of regional and inter - regional transportation infrastructure
outside of the Development Plan Area be on an "as required" basis and
that the "progressive" development of such infrastructure will occur "with
the build -out" of Seaton (refer to items 8, 9, 13 of the proposed
amendment);
Report No.: 2012 -J -10 Page No. 18
• the revision to Section 4.6 to require that servicing be phased, based on
an "absorption rate for residential and employment lands" (refer to item 14
of the proposed amendment); and
• the revision to Section 4.6 to delete the provision that permits
development "subject to the availability of servicing" (refer to item 14 of the
proposed amendment).
Comments:
4.13 The proposed change to the geographical area reference from "the City of
Pickering" to "the Development Plan Area" will release the Province and
Seaton land exchange developers from any responsibility for the phasing and
construction of infrastructure external to the Development Plan Area. The
provision of the essential external infrastructure is left to the agencies
that have jurisdiction, when and if it suits them.
4.14 The Region repeatedly has advised the Province about necessary Regional
infrastructure improvements needed to serve Seaton, including transit. The
Region has reiterated its concerns to the Province about the potential
financial burden on the Region, and the impact it may have on infrastructure
construction in the rest of the Region, including:
• construction of the Regional road network including significant bridge
structures to service Seaton (estimated at $278 million in 2011 dollars,
with an estimated $226 million in development charge funding and $52
million in property tax funding). The Region is not in a financial
position to construct the Regional roads required for Seaton, while
addressing the substantial demands related to the Regional road
network throughout the rest of the Region;
• construction of water and sewer infrastructure estimated at $572 million
(2008 dollars) will be incurred with the development of Seaton. A
substantial portion (estimated at $222 million) is attributable directly to
Seaton. Approximately $226 million is attributable to future growth in Ajax
and Pickering, and these costs are included in the current DC By -law or
will be included in future development charge studies. An estimated $58
m
Report No.: 2012 -J -10
Paqe No. 19
million in costs is attributed to a benefit to existing residents, and must be
recovered by water and sewer user rates. The remaining $66 million in
costs are attributable to the oversizing of the water supply and sanitary .
sewerage infrastructure for the Federal lands. The development of
Seaton is accelerating the need to resolve the issue of servicing the
Federally -owned lands. The most practical and logical approach to
providing the requisite infrastructure is to oversize through Seaton, so that
such construction to install water and sanitary sewerage services does not
occur twice. The Region however, is not in a financial position to
carry the cost of oversizing to accommodate the long -term timetable
for the development of the Federal lands. These oversizing costs
cannot be funded by development charges. Without senior level
government funding, or funding from the landowners, these costs
would have to be financed 100% from water supply and sanitary
sewerage user rates, which will ultimately have a financial impact on
residents across the Region; and
• the provision of an enhanced transit system for Seaton to meet the
objectives of the CPDP's for a transit supportive community and to
provide transit at the outset of residential development. The estimated
capital cost is $100 million (2011 dollars). Under current development
charges legislation, it is estimated that $10 million will be recovered
by development charges, resulting in a $90 million funding shortfall
to be funded by Regional taxpayers, in addition to ongoing operating
costs for transit service.
4.15 The Region has also expressed significant concerns with the eventual timing
for, and related costs of infrastructure that is not within the Region's
jurisdiction or is located outside the Region, including:
• road improvements to ensure the adequate connectivity with adjacent
municipalities, including the widening of Highway 7 (owned by the
Province) and improvements to Steeles Avenue and 14th Avenue /stn
Concession in Toronto and York Region. Because these roads are not
within the Region's jurisdiction, the Region has no control over when or if
improvements will be implemented. In fact, the Province has advised that
it has no plans to widen Highway 7. Likewise; the City of Toronto and
8 -31
No.: 2012 -J -10
e No. 20
Region of York have advised that they have no plans to improve Steeles
Avenue or 14th Avenue /5th Concession. The lack of improvements on
these roads will significantly reduce the inter - regional functionality
of the road network; and
• the early construction of the Highway 407 interchanges within the
employment lands in Seaton to ensure that development can proceed
concurrent with the initial phases of residential development. If the
interchanges are not built in time to coincide with the development
of the first phase of residential lands, the employment area will not
be marketable, and anticipated development charge revenues will
not be realized.
4.16 To address some of these concerns, as required by the CPDP, the Province
prepared the Durham/Toronto/York (DTY) Area Transportation Plan Study, to
identify and prioritize key transportation infrastructure investments required to
address inter - regional transportation and transit network deficiencies in the
eastern part of the GTA. The Study was completed in 2009, and provides
cost estimates and a recommended timetable for improvements that are
required to ensure Seaton develops as envisaged by the CPDP, and to
maximize land values through improving services in this part of the GTA. The
Study was to form the basis for provincial /municipal investments for this part
of the GTA, and form part of a larger Treasury Board submission in support of
the Seaton development that was being coordinated by the then Ontario
Realty Corporation and Ministry of Energy and Infrastructure.4 Financial
support from the Province to address this infrastructure, essential to
the functioning of the Seaton community, has never materialized.
4.17 The proposed changes to the CPDP with respect to the required timing and
phasing of infrastructure, removes any responsibility for the Province or the
Seaton landowners to provide any assistance to the Region, to provide
necessary infrastructure in the early stages of development that would ensure
that Seaton will function as a sustainable, model community from the outset.
4 Seaton Intergovernmental Group Meeting, Presentation by Ministry of Transportation staff, October 23,
2009; and letter to Garry Cubitt, CAO, Regional Municipality of Durham and Thomas Quinn, CAO, City of
Pickering from Peter Rzadki, Assistant Deputy Minister, Ministry of Public Infrastructure Renewal, January
22, 2008.
8 -32
Report No.: 2012 -J -10
Page No. 21
The proposed changes could also delay the construction of the
Highway 407 interchanges, which would have a detrimental impact on
Policy 3 in Section 4.6 of the CPDP and Regional and City of Pickering
directions to provide services to Seaton's employment lands, prior to or
concurrent with the first phase of residential development. Further, the
proposed amendment is inconsistent with the Province's and Region's
Principles for the development of Seaton that provides for the Province
to remain an active participant and continue to be involved in the
development of Seaton for continuity, and to simplify financial
arrangements for infrastructure.
4.18 Each of these situations demonstrates a glaring lack of commitment by the
Province to actually advancing the physical implementation of the
Seaton project in any practical way.
4.19 The amendment proposes to introduce the use of "absorption rates5" to
achieve Seaton's proposed 2031 population and employment forecasts, while
retaining CPDP policy related to "cost- efficient and logically sequential
extension of infrastructure ". This combination presents a contradictory
servicing policy. On one hand, CPDP policy would continue to promote
"cost- efficient and logically sequential extension of infrastructure ", which
indicates that Seaton's development would occur from south to north. As
such, job creation on Seaton's employment lands would not occur in
conjunction with residential development, as specified in other CPDP policy,
the Pickering OPA and the ROP. On the other hand, the proposed
amendment introduces absorption rates, suggesting that the CPDP, Pickering
OPA and ROP policies for the early servicing of Seaton's employment lands
are being upheld, by requiring residential and employment land development
to occur concurrently. Given that the stated purpose for amending the
CPDP is, in many instances, "to clarify" the CPDP, this servicing policy
should have been more carefully crafted, to clearly direct that phasing
must accommodate the servicing of Seaton's employment lands prior to
or concurrent with the first phase of residential development.
5 Residential absorption rates would be based on a set number of residential units that would have to be
constructed on an annual basis, while employment land absorption rates would be based on an amount
of land area (hectares) that is to be developed or "absorbed" on an annual basis.
8 -33
Report No.: 2012 -J -10 Page No. 22
4.20 The amendment proposes to delete the provision that permits development to
occur "subject to the availability of servicing" from the CPDP's servicing
policies. This deletion does not change the Region's jurisdiction to
provide Regional services at its discretion. Under current law in
Ontario, the Region has absolute discretion as to whether to service
Seaton, and the OMB cannot compel the Region to build infrastructure
or connect development to its infrastructure. Therefore, the rationale for
this change to the CPDP is not clear.
Financial Issues /Risks
4.21 The proposed changes to the CPDP introduce further financial, uncertainties
on the Region, and expose existing Durham taxpayers and ratepayers to
substantial and inappropriate financial risk. These include:
® the deletion of part of Section 5.1.5 which stipulates that the
implementation of appropriate measures and financial agreements,
including front - ending agreements, cost - sharing agreements and
development charges are required to ensure the development of Seaton
will not cause a'financial burden on the Region or the City;
the modification to Section 5.1.5 to require appropriate financial
arrangements be in place prior to the issuance of building permits, rather
than prior to or concurrent with the approval of Neighbourhood Plans; and
• the deletion of part of Section 5.1.5 which states that Fiscal Impact
Studies be completed prior to or concurrent with the approval of the first
Neighbourhood Plan.
(Refer to item 22 of the proposed amendment)
Comments:
4.22 As indicated in Section 4.14 of this Report, in excess of $900 million (plus
inflation) in Regional water, sewer, roads and transit infrastructure will
need to be expended with the development of Seaton. The proposed
amendment subjects the Region to substantial financial risks with the
8 -34
Report No.: 2012 -J -10 Paqe No. 23
proposed removal of policy that ensures that the Seaton development
would not pose a financial burden on the Region. As previously noted, the
Region's direction has long been to advance the process towards the
development of Seaton in a manner that would not place a financial burden
on the Region, or in other words that the development of Seaton would pay
for itself. This financial security is currently contained in Section 5.1.5 of the
CPDP. However, the proposed amendment, as described above,
removes the financial protection of Durham taxpayers and ratepayers,
4.23 The proposal to amend the CPDP to remove the assurance of financial
security in the development of Seaton is of major concern. This concern
is shared by the City of Pickering, as detailed in Attachment 9. The
deletion of the provision related to "financial burden" is not consistent with the
Minister's stated "purpose" for the amendment to change the timing for when
financial arrangements must be in place. The removal of the reference to
"financial burden" is unrelated to "timing': The proposal to amend the
CPDP to remove this assurance puts the Region and City at
considerable financial risk. It is also inconsistent with the Region's
Principles for the development of Seaton and Section 6 of the ROP.
4.24 The second major financial concern with the proposed amendment is the
requirement for the Region to use the 30,500 employment forecast for Seaton
in its Growth Plan conformity exercise. The Region would then be required to
use this employment forecast in the future water supply and sanitary
sewerage area specific development charge by -law and the Region -wide
Development Charges (DC) By -law, rather than the 16,500 employment
forecast established by the Region for Seaton. As identified previously, the
30,500 employment number is unrealistic, as it relies on the assumption
that 95% of jobs in Seaton's designated employment area will be office-
related.. This will expose the Region to an inappropriate financial risk. The
Region will be required to construct the necessary infrastructure to
accommodate the 30,500 employment forecast, thereby incurring higher
capital costs than would occur under the Growing Durham employment
forecast of 16,500. If the employment number proposed by the
amendment does not materialize, the Region will not recover the DCs
necessary to fund the capital expenditures for water, sewer and roads
8 -35
Report No.: 2012 -J -10
Page No. 24
(i.e. the Region will be under - collecting from each non - residential unit if the
employment number is not achieved).
4.25 The proposed amendment also changes the timing that the financial
measures are to be in place. The substantial capital infrastructure
requirements involved with the development of Seaton (in excess of $900
million) will require front - ending and cost - sharing agreements, and DC By-
laws will be required, to ensure that the development of Seaton does not have
a negative financial impact on Durham Region taxpayers and ratepayers.
The current policy in the CPDP (5.1.5) is to have all these financial
arrangements, including the results of the Fiscal Impact Study, in place prior
to the approval of the Neighbourhood Plans. With the proposed
amendment, the land exchange developers and the Province can have
their Neighbourhood Plans approved and submit draft plans of
subdivision (and subsequently sell lots), prior to having the necessary
financial measures in place, and without knowing the financial
consequences of the development. This is a dangerous precedent. It
would create financial uncertainty to both the Region and the City on
the feasibility of ever developing Seaton.
4.26 Current CPDP Policy 5.1.5 prevents the proposed Pickering OPA from
moving forward, unless appropriate measures and financial agreements are
in place. By changing the timing for financial arrangements to the
building permit stage, the OMB could approve the City and Seaton
landowner's planning applications (OPAs, subdivisions, zoning), in the
absence of understanding the financial consequences of the
development, and in the absence of necessary financial arrangements.
This is inconsistent with ROP Policy 8.3.3, ROP Section 6, and the
Region's Principles for the development of Seaton that are in place to
protect the Region's financial security. More specifically, it conflicts with
the ROP Policy 8.3.3, which requires Regional Council to be satisfied
that appropriate arrangements can be made prior to consideration of
any development in Seaton.
4.27 The proposed change in timing requirements for the completion of
financial arrangements to the building permit stage is contrary to the
M.
ort No.: 2012 -J -10
Page No. 25
Region's practice. Based on discussions with City of Pickering staff, similar
concerns have been expressed (refer to Attachment 9). In order to protect
the interests of the Region, a number of criteria must be met prior to
processing development applications (i.e. executing a subdivision
agreement). Based on the proposed amendment, it is unclear if the Region
can impose conditions on draft plans of subdivisions within Seaton, or if the
Region would have to rely on the OMB to include the Region's standard
conditions for draft plan of subdivision approval, which cannot be
guaranteed.
4.28 As stated previously, front- ending and cost sharing agreements and
development charge by -laws will be required to advance the water, sewer,
roads and transit infrastructure in order to accommodate the development of
Seaton. However, there is an inherent risk to the Region when entering
into front - ending agreements. Front - ending agreements commit future
development charge receipts to specific capital projects. Therefore, with a
front - ending agreement for Seaton, a share of the Region's future
development charges will be tied up in DC credits for Seaton and would
limit the DC cash receipts available for infrastructure work in other
areas of the Region. This commitment to the Seaton development will
be at the expense of developing other areas of the Region.
4.29 The development of the Seaton community is unique, since the Province is a
substantial landowner, and thus must be directly involved with financial
arrangements to ensure that Seaton develops as a sustainable community,
and not at the expense of the rest of the Region. However, the proposed
amendment does not support the objectives identified in the CPDP for a
sustainable community, as it transfers an inappropriate financial risk to
the Region to develop Seaton.
4.30 It is because the Region has long recognized the potential financial
,implications and impacts associated with the infrastructure necessary for the
development of Seaton as a sustainable, model community, that the Region
has repeatedly requested the Province to:
8 -37
Report No.: 2012 -J -10 Page No. 26
amend the Development Charges Act, 1997 to enable municipalities to
fully recover the costs of new development (i.e. eliminate the ten year
historical level of service restriction on soft services like transit), so that
"growth pays for growth ", and
• provide financial assistance to the Region in implementing the CPDP in
accordance with Section 20 of the Ontario Planning and Development
Act, 1994 in the event that increased costs are encountered in the
implementation of the CPDP.
The Province has not acted on these requests. It is noted however, that
the Province amended the Development Charges Act, 1997 to better support
the extension of the Yonge subway from Toronto into York Region.
Additional Comments
4.31 The CPDP includes a policy indicating that a review will be undertaken by the
Minister of Municipal Affairs and Housing every five years. The CPDP came
into effect in May 2006, and more than five years have elapsed. It is not
clear whether proposed Amendment No.1 to the CPDP constitutes the
"review"; particularly since the stated purpose is to provide "clarity"
and "minor housekeeping" changes. If so, it is not understood why, for
example, the following matters were not addressed.
• correction to the inconsistent use of the terms "Development Planning
Area" and "community" throughout the CPDP to avoid confusion,
particularly with population and employment references,
• clarification that the Master Environmental Servicing Plan (MESP) is being
undertaken by the land exchange developers, as opposed to being
"municipally- undertaken"; and that it applies to the Seaton Urban Area
only, not the "entire Development Planning Area ", which includes Seaton
and the Agricultural Preserve;
• clarification that the Province completed the Natural Heritage System
Management Plan and Master Trails Plan Study for Seaton in 2008, and
that the Study should now be implemented by Official Plan policy;
am
Report No.: 2012 -J -10 Page No. 27
• clarification that the Province completed the Durham/Toronto/York (DTY)
Area Transportation Study in 2009, and that the Province will undertake
an update of the DTY Study, in order to keep information current for
Provincial decision - making;
• clarification that the Province completed the Highway 407 (Seaton Lands)
Economic Development Study in 2007, and that the Study should now be
implemented by Official Plan policy,
• clarification that the Duffins Rouge Agricultural Preserve is subject to
Ontario Regulation 154103 and the Duffins Rouge Agricultural Preserve
Act, 2005;
• an update to indicate that the Seaton Urban Area is designated a "Specific
Policy Area" in the ROP, and replacing the ROP Schedule contained in
the CPDP, to reflect the current in -force ROP as approved by the OMB in
January 2008 through ROPA 114, and
• correction to Schedule 4 — Transportation Network, to designate Fairport
Road, south of the east Cherrywood cluster, to a "Type C Arterial',
consistent with the ROP and Pickering OP.
It appears that the Province's motivation for the proposed amendment
is to develop Seaton without regard for the Region's planning authority
or financial security. If the amendment was truly for "clarification" and
"housekeeping" purposes, presumably input and consultation with major
stakeholders, such as the Region, would have been sought prior to the
release of the proposed amendment, and the language and policy
inconsistencies previously identified would have been included. This did not
occur.
5. CONCLUSIONS
5.1 The Province entered into a land exchange agreement with certain Richmond
Hill and Uxbridge developers in order to protect the Oak Ridges Moraine. To
do so, a portion of Seaton's developable lands was conveyed by the Province
to the land exchange developers, and is now under private ownership. As
such, the Province has a vested interest in satisfying the land exchange
Report No.: 2012 -J -10 Page No. 28
developers. Moreover, a significant portion of the lands continue to be
owned by the Province. Therefore, the Province also has a vested interest
in successfully developing and marketing the land it owns in Seaton.
5.2 The rationale for some of the amendment proposals remains unclear,
given that some of the proposals are inconsistent with the Minister's stated
"purpose" which are.supposedly for "clarification" and "housekeeping"
purposes.
5.3 The proposed amendment appears to reflect an attempt by the Province to
resolve specific issues that are hindering the approval of Seaton's
planning applications currently before the OMB. The resolution of.these
issues through an amendment to the CPDP under the authority of the Ontario
Planning and Development Act, 1994 could serve to avoid a lengthy OMB
hearing for Seaton, to the detriment of the Region.
5.4 However, the proposed amendment, in no way, advances the physical
development of Seaton. There are no financial agreements in place, which
are required to address the infrastructure costs associated with the
development of Seaton (estimated to exceed $900 million) as development
charges will not sufficiently cover the associated infrastructure costs to
develop Seaton as a sustainable, model community. The proposed
amendment is a vehicle for the Province and land exchange developers
to impose a plan for their lands and withdraw from their responsibility to
finance the necessary infrastructure for Seaton, and to download this
responsibility to the Region -- without any regard to the Region's
planning autonomy or financial implications. Proceeding with the
development of Seaton based on the proposed amendment will be at the
expense of development elsewhere in the Region, and expose Regional
taxpayers and ratepayers to a substantial and inappropriate financial
risk.
5.5 Based on the long history of planning for Seaton as a model community,
including the time, effort, and cost that has been invested by the Region, City,
TRCA, Provincial staff, land exchange developers and others, there was an
expectation that a model community would emerge. With the proposed
m i
Report No.: 2012 -J -10
Page No. 29
amendment, the expected form of development is a typical suburban
subdivision, contrary. to the expectation and promise of a model
community. Furthermore, the Province is prepared to circumvent the
conventional subdivision process (which ensures financial security for
municipalities), by changing the timing for financial arrangements to the
building permit stage.
5.6 For the most part, the amendment proposals compromise the Province's
own Principles for the land exchange and development of Seaton, and
the Region's Principles for the development of Seaton put in place to
respect local planning autonomy and financial security. Further, the
amendment proposals do not recognize the Region or City's practice for
financial arrangements, and are inconsistent with the provisions and
directions in the ROP, the Growth Plan, the Growing Durham study,
ROPA 128, and Ontario's current land use planning framework (i.e. the
Planning Act).
6. RECOMMENDATIONS
6.1 It is recommended that proposed Amendment No. 1 to the CPDP not be
supported for the reasons contained in this Report, and that the Minister of
Municipal Affairs and Housing be advised accordingly,
6.2 In order to minimize the impact on Durham residents from the development of
Seaton, it is recommended that the Province be requested to:
• amend the Development Charges Act, 1997 to enable municipalities to
fully recover the costs of new development, so that "growth pays for
growth ";
• provide upfront funding for the infrastructure costs to service the
Provincially -owned lands (as the Province is a significant landowner within
Seaton, owning approximately 47% of the developable land area), to
ensure that the employment lands will be serviced concurrently with the
first phase of residential development; and
8 -41
No.: 2012 -J -10
Page No., 30
• provide financial assistance to the Region in accordance with the Ontario
Planning and Development Act, 1994 in the event that increased costs are
encountered in the implementation of the CPDP.
6.3 Finally, it is recommended that a copy of this Report be forwarded to the
Minister of Municipal Affairs and Housing, the area municipalities, and various
other agencies that have interest in the development of Seaton.
7. NEXT STEPS
7.1 The Province is accepting submissions on the proposed Amendment until
April 2, 2012. In accordance with the Ontario Planning and Development Act,
1994 (refer to Attachment 8), if submissions on the proposed amendment to
the CPDP are received within the specified time period, the Minister may:
• appoint a hearing officer to conduct a hearing with respect to the proposed
amendment and make a written recommendation on it;
• refer the matter to the Ontario Municipal Board to conduct a hearing with
respect to the proposed amendment and make a written recommendation
on it;
• after considering the submissions, approve the proposed amendment in
whole or in part or make modifications to it and approve the amendment
as modified; or
• after considering the submissions, propose to refuse the proposed
amendment in whole or in part.
7.2 Staff will monitor the amendment process, and report back as appropriate.
7.3 This report was prepared in consultation with the Regional Solicitor.
VA
Report No.: 2012 -J -10
A.L. Georgieff, MCIP, RPP
Commissioner of Planning and
Economic Development
Clifford Curtis, P.Eng., MBA,
Commissioner of Works
Dr. Hugh Drouin
Commissioner of Social Services
Page No. 31
R.J. Clapp, CA
Commissioner of Finance
R.J. Kyle MD, MHSc, CCFP, FRCPC
Commissioner & Medical Officer of Health
RECOMMENDED FOR PRESENTATION TO COMMITTEE
Garry H. Cubitt, M.S.W.
Chief Administrative Officer
8 -43
Report No.: 2012 -J -10
Attachments:
e No. 32
1. CD copy of the Central Pickering Development Plan, illustrating proposed
Amendments
2. Context Map
3. CPDP Land Use Schedule
4. Summary and Status of Required Studies to Implement the Central Pickering
Development Plan
5. Seaton Land Ownership Map
6. Letter from Chair Anderson to Ministers dated July 7, 2011
7. Declaration of Provincial Interest dated January 25, 2012
8. Standing Committee Correspondence #2012 -25 from Larry Clay, Regional Director,
Municipal Services Office - Central Region, Ministry of Municipal Affairs and Housing,
dated January 25, 2012
9. Summary of Key Messages Relayed to the Minister of Municipal Affairs and Housing
by the City of Pickering, March 2012
All attachments are on file with the Planning Services Department
8 -44
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 2, 2012 Resolutiont By -law #:
Report#: OPD- 002 -12 File #:
Subiect: PITCH IN WEEK 2012
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report OPD- 002 -12 be received;
2. THAT Council approve installation of a banner on the Vanstone Bridge
advertising Rotary Super Spring Clean -up for a period of 14 days; and
3. THAT Council declare April 23rd to 30th "Pitch -In Week" in Clarington.
Submitted by:
FH /sh
Reviewed by:
Fred 1pfma th;
® rec, qr of Operations
d f,-,�LC
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
10 -1
REPORT NO.: OPD- 002 -12
PAGE 2
2.0 PITCH -IN -WEEK 2012
2.1 Activities
Individuals and groups are starting to register their activities by contacting the
Operations Department. Those wishing to participate are encouraged to contact
us to register their participation. They will be asked when and where they plan to
take action or staff can provide suggestions for locations that require clean up.
Garbage and recycle bags will be available to participants before their stated day
of Clean -Up. Arrangements will be made to pick up bags of trash /recyclables
once they are collected by area residents and community groups.
2.2 Free Compost
Clarington will host the Durham Region's annual Spring Compost Event on
Saturday, April 21, 2012 from 8 am to noon. Residents will be able to "trade" a
non - perishable donation to a local food bank for free compost. This event will be
located at the Operations Depot 42, 178 Darlington /Clarke Townline Road in
Bowmanville. Those wishing to participate should bring containers — maximum 3
— and a shovel. Participants will be required to fill their own containers with the
fresh compost. Durham Region staff will be on hand to facilitate the exchange of
damaged blue boxes and green bins for new.
2.3 Earth Day Super Clean Up
Operations Department was approached by the Rotary Club of Bowmanville to
establish a partnership to facilitate this year's Pitch In Week activities. The
Rotary Club of Bowmanville and the Rotary Club of Courtice have worked
together to create an event that will help foster environmental responsibility and
civic pride in area youth.
The Rotary "Annual Earth Day Super Clean Up" will take place Friday, April 20,
2012. Rotary anticipates 300 student and volunteers will work together to pick up
10 -2
REPORT NO.: OPD- 002 -12
2.4
PAGE 3
trash, recyclables and a regular clean up of areas. The following schools have
committed to participate:
Clarington Central SS
Bowmanville High School
Durham Christian High School
St. Stevens PH
Courtice Secondary School
Holy Trinity CS
Students will participate by doing a "Clean Sweep! in the areas surrounding their
school and community. Areas to be included have not been finalized as of the
writing of this report. The Municipality will supply gloves, safety vests, garbage
and recycle bags for the event. Staff will work closely with Rotary
representatives to ensure that safety is a priority for all locations.
Following clean -up students will be transported by bus to the Garnet B Rickard
Recreation Complex to join volunteers, special guest speakers, Mayor and
Councilors. Rotary members have secured sponsorships for their event from
several local businesses to supply t- shirts for students, buses, and refreshments.
Presidents of both Rotary Clubs will speak to students. The Rotary will provide
the students with lunch and entertainment by a high school band. Rogers TV will
be covering this event.
To date, Rotary has a commitment of educational displays to be set up at the
Garnet B Rickard Recreation Complex for students to view from OPG,
Ganaraska Forest Centre, CLOCA, Veridian, Durham Waste Management, and
Boy Scouts which will be set up for viewing. Rotary members continue to work to
secure sponsorships and support from local business.
The Rotary Club has purchased a 40 "h x 41'1 banner with the World Earth day
logo and the wording "Rotary's First Annual Spring Clean -up" with the Rotary
Logo on both sides.
8 r"3
Bowmanville & Courtice Rotary Clubs
Subject to receiving the necessary approvals, the banner will be installed by
Veridian on or about April 12th and removed on or about April 23`d. We
respectfully request that Council grant approval to the Rotary Club of
Bowmanville and the Rotary Club of Courtice to install the Super Spring Clean -up
banner in the area of the Vanstone Bridge in Bowmanvlle.
Participation
Pitch In Week is a chance for whole communities to work towards a common
goal and help beautify and sustain our environment. Participation in Pitch -In
events is open, even encouraged, for everyone.
10 -3
REPORT NO.: OPD- 002 -12
PAGE 4
Letters were sent to all previous Pitch -In participants inviting them to be involved
in the 2012 campaign. It is anticipated that participants will start registering with
staff in the next few weeks.
Schools can use Pitch -In activities as teaching tools or part of environmental
group activities. Parks and fields adjacent to schools are perfect locations to
have younger children pitch in and learn about the world around us.
Groups from churches, sports teams, special interest groups, or groups of friends
or a family can participate. It's as simple as deciding you want to Ptich -In!
Once you have decided to participate, contact the Operations Department and let
us know you're Pitching In. You can determine when and where you're going to
participate, or staff would be happy to help you determine an area close to you
where you're efforts will shine.
Come on Clarington! Show your civic pride! PITCH -IN!
3.0 CONCURRENCE — Not Applicable
3.0 CONCLUSION
3.1 To help start this year's Pitch -in -Week and Operation Clean Sweep off, staff
request that Committee declare April 23rd to 30th, 2012 as "Pitch In Canada Week"
in Clarington.
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
V Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Susan Hajnik, Operations Technician
List of interested parties to be advised of Council's decision:
Georg Krohn, Rotary Club of Bowmanville
10 -4
Clarhwn REPORT
EMERGENCY AND FIRE SERVICES DEPARTMEIJT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 2, 2012 Resolution #: By -law #:
Report #: ESD- 005 -12 File #:
Subiect: MONTHLY ACTIVITY REPORT - FEBRUARY 2012
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD- 005 -12 be received for information.
Submitted by: Reviewed by:
Gord Weir,
Director of Emergency
Services
GW /mb
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
11-1
REPORT NO.: ESD- 005 -12
1. BACKGROUND
Report ESD- 005 -12 covers the month of February and is intended to provide Council
with relevant, timely information on the activity of the Emergency and Fire Services
Department.
2. COMMENTS
The Department responded to 228 calls during this period and recorded total fire
losses of $495,700.
Attachment # 1 provides February's monthly summary of:
• fulltime suppression staffing of 4 or more on a truck
• public education and enforcement activity
• major occupancy type fires, station responses and call types and,
• a description of the different classifications of major fires and types of calls
3. CONCURRENCE — Not Applicable
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Mark Berney, Deputy Fire Chief
Attachments:
Attachment #1 — Activity Report — February
List of Interested Parties: None
11 -2
Attachment # 1 to Report ESD- 005 -12
EMERGENCY AND FIRE SERVICES ACTIVITY REPORT
REPORT PERIOD: FEBRUARY 1,2012 00:00:00hrs - FEBRUARY 29, 2012 23:59:59hrs
I fi ULLTIME SRESSION STAFFING SUMMI�RY��`.
THE PERCENTAGE OF TIME PUMPER TRUCKS WERE STAFFED WITH 4 OR MORE
FULLTIME FIREFIGHTERS (Pumper 1 - Bowmanville, Pumper 4 - Courtice) 100%
ENFORCEMENT SUMMARY,
2012
2012
2011
2011
ACTIVITY
THIS
PERIOD
TO DATE
THIS
PERIOD
TO DATE
STATION TOURS
2
3
0
0
SCHOOL VISITS
3
3
0
1
FIRE SAFETY HOUSE VISITS
0
0
0
0
PUBLIC EVENTS
3
8
3
3
SAFETY LECTURES
3
3
4
7
EXTINGUISHER TRAINING
0
0
0
3
FIRE TRUCK VISITS
0
0
0
0
ENFORCEMENT SUMMARY,
2012
2011
ACTIVITY
PERIOD
TO DATE
PERIOD
TO DATE
FIRE INSPECTIONS
19
34
23
37
COMPLAINT INSPECTIONS
2
5
16
25
FIRE SAFETY PLAN
REVIEW
6
12
6
8
PLANS REVIEW
8
14
5
14
SITE VISITS
14
21
13
21
AFL RESIDENTIAL VISITS
0
0
0
0
PART 1 TICKETS ISSUED
0
0
0
0
PART 3 FIRE CODE
CHARGES
0
0
0
3
FIRE INVESTIGATION
5
11
2
3
11 -3
Attachment # 1 to Report ESD- 005 -12
MAJOR OCCUPANY TYPE FIRE SUMMARY
OCCUPANCY TYPE
# OF CALLS
EST. LOSS
GROUP A - ASSEMBLY
0
$0
GROUP B - CARE and DETENTION
0
$0
GROUP C - RESIDENTIAL
1
$350,000
GROUP D - BUSINESS AND PERSONAL SERVICES
0
$0
GROUP E - MERCANTILE
1
$700
GROUP F - INDUSTRIAL
0
$0
STRUCTURES /PROPERTIES NOT CLASSIFIED BY O.B.C.
0
$0
VEHICLES
5
$145,000
TO DATE
TO
7
$495,700
11—
STATION 1
STATION 2
STATION 3
STATION 4
STATION 5
THIS
.
TO DATE
Bowmanville
Newcastle
Orono
Courtice
Enniskillen
MONTH
THIS
FIRES
8
21
6
9
OUTDOOR, NO LOSS
FIRES
PERIOD
110
32
23
56
7
228
TO DATE
268
62
50
131
21
532
11—
2012
2011
TH IS
PERIOD
.
TO DATE
THIS
PERIOD
TO DATE
TOTALS
228
532
281
602
FIRES
8
21
6
9
OUTDOOR, NO LOSS
FIRES
1
1
1
2
NON FIRE CALLS '
219
510
274
591
BURNING (controlled)
1
2
1
4
CO FALSE CALL
9
34
23
46
FALSE FIRE CALLS
21
46
23
54
MEDICAL CALLS
124
255
159
327
OTHER CALLS
15
37
10
31
PRE -FIRE CONDITION
CALLS
3
9
0
4
PUBLIC HAZARD CALLS
11
26
15
34
RESCUE CALLS
35
101
43
91
11—
Attachment # 1 to Report ESD- 005 -12
DESCRIPTION OF MAJOR OCCUPANY'TYPES
Group A: Assembly occupancy units. Assembly occupancies means the occupancy or the use of
a building, or part thereof, be for gathering of persons for civic, political, travel, religious, social,
educational, recreational, or like purposes, or for the consumption of food or drink.
i.e. Production /Viewing Performing Arts, Museum /Art Gallery /Auditorium, Recreation /Sports
Facilities, Education Facilities, Transportation Facilities, Other Assemblies, Arenas /Swimming
Pools, and Participating /Viewing Open Air Facilities.
Group B: Care or Detention occupancy units. Care or detention occupancy means the
occupancy or use of a building, or part thereof, be for persons who
(a) are dependent on others to release security devices to permit egress,
(b) receive special care and treatment, or
(c) receive supervisory care
i.e. Persons under restraint facilities, persons under supervisory care facilities, care facilities,
group /retirement homes
Group C: Residential occupancy units. Residential occupancy means the occupancy or use of a
building, or part thereof, by means for whom sleeping accommodation is provided but who are
not harbored or detained to receive medical care or treatment or are not involuntarily
detained.
i.e. Detached /Semi /Attached Residential, Dual Residential /Business, Rooming /Boarding, Multi
Unit Dwelling, Hotel /Motel /Lodging, Other Residential
Group D: Business and Personal Services units. Business or personal services occupancy means
the occupancy or use of a building, or part thereof, for the transaction of business or the
rendering or receiving of professional or personal services.
i.e. Business and Personal Services
Group E: Mercantile occupancy units. Mercantile occupancy means the occupancy or use of a
building, or part thereof, for the displaying or selling of retail goods, wares, or merchandise.
i.e. Food /Beverage Sales, Department Store /Catalogue /Mail Outlet, Specialty Stores, Other
Mercantile
Group F: Industrial occupancy units. Industrial occupancy means the occupancy or use of a
building, or part thereof, for the assembling, fabricating, manufacturing, processing, repairing
or storing of goods and materials.
i.e. Vehicle sales /service, Utilities, Manufacturing or Processing Facilities, Storage Facilities,
Other Industrial Facilities
Structures /Properties not classified by the O.B.C.: Mines or Wells,
Transportation /Communication Facilities, Open (outdoor) Storage, Miscellaneous Structures
and Property, Structures classed under the National Farm Building Code.
Vehicles: Road Vehicles, Rail Vehicles, Watercraft, Aircraft, Miscellaneous /Specialty Vehicles
11 -5
Attachment # 1 to Report ESD- 005 -12
DESCRIPTION OFCALLTYPES
Fire and Explosions: Instance or destructive and uncontrolled burning involving structures,
vehicles and open area fires, including explosion of combustible solids, liquids or gasses which
may or may not have resulted in a dollar loss or an explosion or rupture as a result of pressure,
no fire.
Outdoor, No Loss Fires: Uncontrolled fires, outdoors, that did not result in a loss, injury or
fatality and is not suspected to be caused by arson, vandalism or children playing.
Pre Fire Conditions: Incidents with no fire that involve heat or potential pre fire conditions e.g.
pot on stove, cooking - smoke or steam, lightning, fireworks.
Burning (controlled): Complaint call related to outdoor controlled burning, authorized or
unauthorized. Fire Department did not take suppression action.
False Fire Call: Alarm activation or fire call that when investigated, is determined to be as a
result of equipment failure, malicious /prank, perceived emergency, accidental activation of
alarm by a person.
CO (carbon monoxide) False Call: a call where it is determined that the detection equipment
malfunctioned or there was a perceived emergency - no CO leak.
Public Hazard Call: Includes a response for spills and leaks of a hazardous product such as
natural gas, propane, refrigerant, miscellaneous /unknown, gasoline or fuel, toxic chemical,
radio - active material, power lines down or arcing, bomb, explosive removal standby, CO
(carbon monoxide) or other public hazard.
Rescue Call: a call for a person in danger due to their proximity to the occurrence and who is
unable to self evacuate and is assisted by Fire Department personnel i.e. vehicle accident,
building collapse, commercial /industrial accident, home /residential accident, persons trapped
in elevator, water rescue or water /ice rescue.
Medical Call: Includes a response to a patient(s) suffering from asphyxia, respiratory condition,
convulsions, epileptic, diabetic seizure, electric shock, traumatic shock, heart attack, stroke,
drug related, cuts, abrasions, fractures, burns, person fainted, nausea and pre - hospital care
such as administering oxygen, CPR, defibrillation or first aid.
Other Calls: Assistance to other Fire Departments, calls cancelled on route, non fire incidents
where an illegal grow operation or drug operation was discovered.
11 -6
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 2, 2012 Resolution #: By -law #:
Report #: CSD- 006 -12 File #:
Subject: CLARINGTON OLDER ADULT ASSOCIATION - PARKING CONCERNS /
STRATEGIC PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD- 006 -12 be received;
2. THAT By -law #2011 -106 be amended (Attachment 5) by adding the following to
section 1:
a) Capacity
THAT the overall capacity of the Clarington Beech Centre be 250 persons.
b) Programming
THAT effective January 1, 2013 activities taking place at the Clarington Beech
Centre be limited to programs and social activities of the Clarington Older Adult
Centre Board and regular meetings of the Lions Club of Bowmanville;
3. THAT the Municipality of Clarington increase the Municipal grant provided to the
Clarington Older Adult Centre Board effective 2013 by $28,500 on an annual
basis to off-set the loss of rental revenue;
4. THAT Council provide direction on the following options to the parking concerns
expressed by the Clarington Older Adult Centre Board:
Option 1: No increase to Beech Centre on -site parking, continued use of on-
street parking. Approval of a five (5) year lease (under COD - 036 -11) with an
option to renew to the Bowmanville Tennis Club. THAT $1,000 for signage and
line painting be funded from the Municipal Capital Works Reserve Fund.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
12 -1
REPORT NO.: CSD- 006 -12
PAGE 2
Option 2: Parking increased by 54 spaces (131 total spaces) located to the west
(rear) of the existing building (Attachment 2). Approval of a five (5) year lease
(under COD- 036 -11) with an option to renew to the Bowmanville Tennis Club.
THAT the $271,000 for the new parking lot, additional trees, appropriate
screening, line painting and signage be funded from the Municipal Capital Works
Reserve Fund.
Option 3: Parking increased by 51 spaces (128 total spaces) located in place of
the existing tennis courts (Attachment 3). Two lit tennis courts of similar quality to
be constructed in Soper Creek Park (Attachment 4). Approval of a five (5) year
lease with an option to renew to the Bowmanville Tennis Club or a new tennis
organization. THAT $324,000 for the new parking lot, additional trees,
appropriate screening, line painting and signage be funded from the Municipal
Capital Works Reserve Fund and that $250,000 for the relocation of the tennis
courts be funded from the Impact /Escrow Reserve Fund; and
5. THAT all interested parties listed in Report CSD- 006 -12 be advised of Council's
decision.
Submitted by: Reviewed by:
6.o eph P. Caruana,
Director of Community
J P C/s m
12 -2
Services l
A.S. Cannella, C.E.T.
Director of Engineering
Services
0 rre - ' _- "COT",
Franklin Wu,
Chief Administrative Office
REPORT NO.: CSD -006 -12
1.0 BACKGROUND
PAGE 3
1.1 At the November 28th, 2011 Council meeting Mr. Steve Coles, Vice - President of
the Clarington Older Adult Association (COAA), appeared as a delegation
regarding the Bowmanville Tennis Club Lease (COD- 036 -11). Mr. Coles
expressed concern regarding the ongoing parking challenges for the Clarington
Older Adult Association at 26 Beech Avenue and stated that the COAA requires
a formal engineered solution to provide parking and accessibility to the Beech
Centre,
1.2 On December 5, 2011 Council passed Resolution #GPA- 669 -11 "THAT Peter
Spratt be authorized to undertake a review and report on the implications and
findings of the Clarington Older Adult Association's Strategic Plan... ".
1.3 Also, on December 5th Council tabled report COD - 036 -11 for the Tennis Club —
Court Lease (GPA -665 -11) and requested that the report be brought forward
once meetings had concluded with Mr. Peter Spratt with respect to the
consultation with the Clarington Older Adult Centre (COAC) Board in regard to
the COAA Strategic Plan.
1.4 Finally, on December 5th, 2011, the following resolution (GPA- 670 -11) was
passed;
"THAT the Engineering Services Department be directed to investigate and to
report to Committee with information, including costs, pertaining to the protection
of the Bowmanville Tennis Court during the tennis "off season" with a material
such as (but not limited to) a propylene or polyester geotextile fabric, a geofabric
or a geocomposite liner. This material must also be:
structurally capable of supporting the weight of small to mid -size parked
vehicles;
of sufficiently durable composition as to prevent any impairment to the
integrity of the tennis court surface; and
capable of being cleared of snow by the Operations Department in the usual
manner or, in the alternative, capable of being cleared of snow in any other
recommended manner that is conducive to the preservation of both the tennis
court and the covering material,`
1.5 In June 2010 the COAA endorsed the first official Strategic Plan for the
Clarington Older Adult Association. This plan was completed with the assistance
of Mr. Peter Spratt, ROCG Global Consultants and presented to Council on May
31, 2010. The plan identified six values and beliefs that the Board of Directors
planned to utilize as a foundation for their future decision making.
® "Accessible — to create an organization that is inclusive and affordable; we will
identify and address potential barriers, and create opportunities for members,
potential members and guests.
12 -3
REPORT NO.: CSD- 006 -12
PAGE 4
• Caring — known as a friendly and welcoming organization where members,
guests and visitors can feel safe, respected and welcome.
• Community Focused— to be a. part of and contribute to the broader community;
we aspire to be a cooperative, collaborative and respectful partner.
• Fiscally Responsible —to efficiently operate and achieve our goals in a manner
that is both financially prudent and accountable to our members and partners.
• Member Focused— ensure that the needs of our members are reflected in what
we do today and in our future priorities.
• Quality Programs —known for excellent programs that meet the diverse needs
of our members; our programs. will promote social, educational and physical well-
being. "
1.6 The COAA Strategic Plan also defined the six components of the COAA Vision
Statement which would guide the organization into the future. The Vision was
acknowledged as a.reflection of several significant features which had been
identified during the strategic plan process.
• "Continued Growth in Membership"
Membership growth was identified as desirable, essential to financial stability and
a reality of our aging population. New members are welcomed as a source of
vibrant energy that helps to renew and sustain the volunteer spirit.
"Facilities Throughout Clarington Designed for Older Adults"
The continued utilization of the Beech Centre was acknowledged as providing a
viable, short term facility solution, coupled with the use of satellite facilities.
Longer term, the COAA envisions the development of multi -use community
facilities with designated space, designed in partnership with the Community
Services Department. Developing a Facilities Master Plan is considered an
essential early deliverable.
"Expanded Programs and Services"
Expansion of programs and services should be accomplished in collaboration
with other community providers and not in competition. The COAA is a part of the
solution, not the whole solution.
• "Respected Community Partner"
The COAA acknowledges that it must operate within the larger community and
sees this as a key determinant of future success. Establishing trust and building
lasting relationships will become an essential focus for the Association.
"Sustainable Funding"
Sustainable funding is essential to the well -being of the COAA. The COAA must
broaden its appeal to secure funding to support its growth, while demonstrating
prudent fiscal responsibility.
12 -4
REPORT NO.: CSD- 006 -12
PAGE 5
• "Effective Governance and Administrative Processes"
Board development will be an important priority to ensure excellence in
governance and administrative practices. Staffing levels must keep pace with
growth and be tied to the Facilities Master Plan to ensure appropriate staffing
levels.
1.7 In June 2011 Community Services staff initiated a meeting with representatives
of the COAC Board as the first step in planning for future older adult facilities. It
was during these discussions that it became evident that there were divergent
interpretations on the description of the Beech Centre as a "viable short -term
facility solution ". It was concluded that there was a need to clarify the position of
the COAC Board in relation to their long -term facility vision before future older
adult facility planning could be undertaken.
2.0 ROCG REPORT and CONSIDERATIONS
2.1 As directed by resolution, Peter Spratt, Vice President, ROCG Global
Consultants was retained to undertake a review of the current COAC Board and
to confirm their commitment and support of the COAA Strategic Plan.
2.2 Mr. Spratt's work took place between December 6, 2011 and February 21, 2012
and included one -on -one interviews with members of the COAC Board of
Directors, in an effort to confirm the Board's future plans related to the Beech
Centre and future facility development.
2.3 Mr. Spratt's report (Attachment 1) contained several key findings which
confirmed the commitment of the volunteer Board to provide quality programs
and services to the older adult community. The majority of the Board felt they
were demonstrating their commitment to values stated in the Strategic Plan,
although a few identified the 'Community Focus' value as needing some
attention.
2.4 Most of the Board members were familiar with the COAA vision, with some mixed
views being expressed on the meaning of a 'Respected Community Partner'.
Although there were examples of the COAA attempting to engage the broader
community, there were also examples of the Board displaying actions which
could be considered by some as being contrary to the spirit of being a respected
community partner.
2.5 Generally, there was evidence of significant,outreach on the part of the COAA to
provide programs and events to all parts of the Municipality. This was achieved
through enhanced satellite programming and partnerships with community halls,
community organizations and the Community Services Department. This is
consistent with the COAA Strategic Plan.
2.6 The Board acknowledged the distinction between social interaction space (the
COAZY cafe) and program space. With the wide age range of members there
12 -5
REPORT NO.: CSD- 006 -12
are divergent program needs. Social interaction and active programs are both
important priorities. This is consistent with-the COAA Strategic Plan.
2.7 Parking at the Beech Centre continues to be a problem for members, most
evident during large events. The majority of the Board would favour the
relocation of the tennis courts within the community to accommodate expanded
parking.
2.8 Board members acknowledged that the ability of the organization to
accommodate future growth and expansion would come through current and
future satellite locations and a commitment to the development of multi -use
community facilities with designated space for use by older adults. This is
consistent with the COAA Strategic Plan.
2.9 Board members expressed frustration in a perceived lack of action on the part of
the Municipality (Community Services Department) to engage the COAA in
consultation on the preparation of a Facilities Master Plan (Strategic Priority 3.3).
This perception is not shared by the Community Services Department, as they
had initiated a meeting with COAC Board representatives in June of 2011 to
discuss future facility needs of the COAA.
2.10 The report identified the different interpretations of the Strategic Plan statement
"Continued utilization of the Beech Centre is acknowledged as providing a viable
short -term facility solution." This was the significant stumbling block in
discussions between the Municipality and the COAA. The Board members see
the Beech Centre as their home and the hub of their organization. They
interpreted the statement to mean that they would continue to use the Beech
Centre and would accommodate growth through satellite programming and
additional facilities identified in the Facilities Master Plan. The Community
Services Department had interpreted the wording to mean that the COAA would
be leaving the Beech Centre at some point and had initiated discussions with the
COAA to discuss dedicated and shared space within future Community Services
facilities.
2.11 Mr. Spratt's report also contained several suggestions for consideration by the
Community Services Department.
• "Retain the Beech Centre as the `hub' for COAA administration and further
development of its `social space'.
• Maintain the tennis courts, green space and parking "as is."
• Gradually transition high - volume events (COAA programs and hall rentals) away
from the Beech Centre to other recreation /community facilities that will be able to
accommodate parking.
• Supplement COAA's revenue for lost rental income.
12 -6
REPORT NO.: CSD- 006 -12
PAGE 7
® Increase the number of shuttle vans and /or consider the purchase /lease of a
mini -bus.
Arrange tours of two, relatively new, mixed -use older adult centres operated by
the Oshawa Seniors Citizens Centre (Legends Centre and Conant Centre) for
Community Services and the COA Centre Board to visualize what one looks like.
Visit the John Street (HQ) Centre to demonstrate how Oshawa has managed its
limited parking space and transitioned to three other municipally -owned satellites.
Explore how it operates its transportation service, and its community dining
services.
Engage the COA Centre Board in discussion about bringing -on other space; this
space will be designed for older adults and designated for use by older adults,
within mixed —use community facilities (consistent with the Strategic Plan)."
3.0 26 BEECH AVENUE
3.1 The property located at 26 Beech Avenue was acquired by the Municipality from
the Lions Club of Bowmanville in 1998. Since that time the property has been
home to the Clarington Older Adult Association, Community Care (vacated in
March of 2010), The Lions Club Daycare (vacated in June of 2010), and the
Bowmanville Tennis Club, which has been in operation since the 1940's.
Currently, the Beech Centre building is now fully occupied by the COAA.
3.2 Since the property was acquired in 1998 it has undergone one expansion to the
parking lot in 2002 which added 20 spaces along the south side of the facility and
seven spaces along the west side of the driveway south of the main building
entrance. The current number of on -site parking spaces is 77. In addition to the
additional parking lot construction the existing parking area was resurfaced and
provided with a storm system at a project cost of $186,000.
4.0 ON- STREET PARKING
4.1 In addition to the formal on -site parking there is also informal on- street parking
available for use by COAA members. Engineering Services has reviewed the
local on- street parking capacity and determined that there are approximately 70
spaces available within a 200 metre walk of the facility and an additional 36 spots
between 200 and 300 metres.
4.2 In the preparation of this report the Operations Department and Emergency and
Fire Services Department have been consulted regarding any concerns with on-
street parking. There are no concerns from the Operations Department with the
current use of on- street parking. Emergency and Fire Services has expressed
concern with on- street parking and would prefer to see no on- street parking in
this area. Currently, in the event of a fire emergency fire vehicles would be able
12 -7
REPORT NO.: CSD- 006 -12
PAGE 8
to move through the area with on- street parking on the east side of Beech
Avenue as long as opposing traffic was limited.
5.0 PARKING STUDY AND UPDATE
5.1 In 2008 the Municipality of Clarington undertook a Parking Study at the
Clarington Beech Centre to examine the parking situation at the Beech Centre
and use the information to assist in assessing future parking needs, impacts of
on- street parking restrictions, and to consider strategies for managing parking
demand at the site. Many strategies recommended in the 2008 report have been
implemented to some extent by the COAA. In 2011 an update was undertaken
to review the current parking situation due to concerns raised by the COAA
resulting from the growth of their association since the original study was
undertaken.
5.2 To provide a reasonable comparative analysis between the original (March 2008)
and updated (November 2011) parking data, several conditional differences
between the two sets of data have influenced parking patterns and need to be
mentioned, inclu.ding:
loss of supply due to snow storage on the parking lot in 2008
improved vehicular access to the grassed area on the west side of the
Beech Centre in 2011
addition of a shuttle service vehicle by the COAA in 2011
5.3 Further, the purchase of a shuttle vehicle (seven -seat minivan) and
implementation of a shuttle service for COAA members has eliminated some
parking demand. The shuttle typically makes approximately six to eight trips per
day with the impact on parking demand dependent on the number of people
served per trip.
5.4 Overall, parking activity during the study update was shown to be dependent on
facility programming and a corresponding shift in peak demand can be seen
between the two study days within the mid -day range (10:00 am to 3:00 pm)
based on programming. This pattern is similar to the original study. Total
parking demand for the study update exceeded effective capacity ( >85 %) for two
hours on Wednesday, November 9, and for three hours on Tuesday, November
15.
5.5 The following table provides a comparison of data between the original study and
the study update through analysis of the total hours where demand exceeded
capacity and effective capacity for each parking area.
12 -8
REPORT NO.: CSD- 006 -12
*Effective capacity is considered to be 85% of the total available parking for non -
metered parking areas.
As noted above overflow parking during larger events was observed to be using
the grassed area during the 2011 study update which was a recommendation of
the 2008 report.
5.6 In both the original and updated parking studies Beech Avenue saw limited
overflow parking with roughly four vehicles from the Beech Centre using the
street to park. Outside of the study periods staff have observed additional use of
Beech Avenue and Burk Court for overflow parking during higher volume events
at the Clarington Beech Centre.
5.7 In the 2008 study it was observed that over 90% of the vehicles arriving at the
Beech Centre had single occupants. Vehicle occupancy rates were not
observed in the 2011 update but COAA staff have noted that their promotion of
carpooling to the Beech Centre has seen some success.
5.8 In our most recent review of the available parking it is noted that the facility
provides two accessible parking spaces. Staff suggests working with the COAC.
Board to provide additional accessible spaces, depending on which option
Council selects. For example, if Option 1 is selected, two additional accessible
parking spaces would be added. If Options 2 or 3 are selected, three additional
accessible spaces would be created.
5.9 Further, staff are also prepared to work with the COAC Board to establish a
Priority Parking Program, which would allow the Board to designate who should
have access to priority parking.
6.0 COAA SPECIAL EVENT ATTENDANCE
6.1 The COAA hosts a number of special events throughout the year. It is primarily
during these times that parking is of the greatest concern for the COAA.
12 -9
North Lot (50 Spaces)
South Lot (20 Spaces)
East Lot (7 Spaces)
Study Date
Capacity
Exceeded
(hrs.)
*Effective
Capacity
Exceeded
hrs.
Capacity
Exceeded
(hrs.)
*Effective
Capacity
Exceeded
hrs.
Capacity
Exceeded
(hrs,)
*Effective
Capacity
Exceeded
hrs.
Original Stud
11- Mar -08
0.0
2.0
0.0
0.0
0.0
0.0
13- Mar -08
1.5
2.0
0.0
0.0
0.0
0.0
Total
1.5
4.0
0.0
0.0
0.0
0.0
Study Update
9- Nov -11
0.0
1.5
1.5
2.0
0.0
2.0
15 -Nov -11
1.0
4.0
2.0
3.0
0.0
3.5
Total
1.0
5.5
3.5
5.0
0.0
5.5
*Effective capacity is considered to be 85% of the total available parking for non -
metered parking areas.
As noted above overflow parking during larger events was observed to be using
the grassed area during the 2011 study update which was a recommendation of
the 2008 report.
5.6 In both the original and updated parking studies Beech Avenue saw limited
overflow parking with roughly four vehicles from the Beech Centre using the
street to park. Outside of the study periods staff have observed additional use of
Beech Avenue and Burk Court for overflow parking during higher volume events
at the Clarington Beech Centre.
5.7 In the 2008 study it was observed that over 90% of the vehicles arriving at the
Beech Centre had single occupants. Vehicle occupancy rates were not
observed in the 2011 update but COAA staff have noted that their promotion of
carpooling to the Beech Centre has seen some success.
5.8 In our most recent review of the available parking it is noted that the facility
provides two accessible parking spaces. Staff suggests working with the COAC.
Board to provide additional accessible spaces, depending on which option
Council selects. For example, if Option 1 is selected, two additional accessible
parking spaces would be added. If Options 2 or 3 are selected, three additional
accessible spaces would be created.
5.9 Further, staff are also prepared to work with the COAC Board to establish a
Priority Parking Program, which would allow the Board to designate who should
have access to priority parking.
6.0 COAA SPECIAL EVENT ATTENDANCE
6.1 The COAA hosts a number of special events throughout the year. It is primarily
during these times that parking is of the greatest concern for the COAA.
12 -9
REPORT NO.: CSD- 006 -12
PAGE 10
6.2 During 2011 there were 40 special events offered by the COAA.. Estimated
attendance at these events is summarized below:
Number of Attendees
Number of Events
200 -249
5
150 -199
6
100 -149
6
99 or less
22
*one event took place in Tyrone therefore is not included in the above totals
7.0 NON -COAA USES (OTHER RENTALS)
7.1 In addition to use by older adults, the Beech Centre is marketed as a rental
facility for private and commercial functions. Non -COAA functions take place
during times the facility is not needed by the COAA in order to generate revenue.
In 2011 there were 44 rentals of the main auditorium plus numerous rentals of
the smaller program rooms which generated $26,991.75 in revenue for the
COAA. The 2012 COAC Board budget identified $28,500 revenue related to
facility rentals.
7.2 In 2011, there were a total of 63 non -COAA rentals (private /commercial).
Estimated attendance at these events is summarized below:
Number of Attendees
Number of Events
200 -249
7
150-199
6
100 -149
10
99 or less
40
7.3 In addition to the non -COAA rentals above, the Beech Centre is also utilized by
the following associations:
•Oddfellows, Rebekahs & Encampment (48 meetings in 2011)
-Lions Club of Bowmanville (24 meetings in 2011)
-Tops (46 meetings in 2011)
-Hula Dancing (10 lessons in 2011)
-Dance Classes (5 lessons in 2011)
-Budda Lessons (16 in 2011)
-CUPS Local 225 (8, meetings in 2011)
7.4 In some cases, non -COAA use has exacerbated the parking situation at the
facility and caused local homeowners inconvenience. It is recommended that
effective January 1, 2013 this situation be alleviated by eliminating all non -COAA
uses, with the exception of the Lions Club of Bowmanville. The Lions Club of
Bowmanville have continued to use the Beech Centre for their monthly
membership and Director's meetings since they sold the building to the
Municipality. Due to the history and the fact their meetings do not draw a large
12 -10
REPORT NO.: CSD- 006 -12
PAGE 11
number of people or traffic this arrangement could continue with minimal impact
on,the facility.
8.0 THE ZONING BY -LAW
8.1 The Beech Centre is a Municipal building. The provisions of the Zoning By -law
do not apply to the Municipality; however, the parking provisions are useful as a
reference point for the issue at hand.
8.2 Parking calculations in the Zoning By -law are based on the worst case scenarios
assuming that all rooms could be used at the same time. There are alternate
methods of calculating the parking requirements; the first is based on the rated
occupancy of the building and the second is the building size. Based on both the
occupancy and gross floor area a minimum of approximately 150 parking spaces
would be required to be in compliance with the Zoning By -law for the current
building. In order to achieve 150 parking spaces on this site the majority of the
green space behind the facility as well as the tennis courts would need to be
converted to parking.
8.3 Currently there are 77 parking spaces provided on the property. If there were no
plans to increase the on -site parking the Municipality could cap or limit the use of
the building to match the current parking being provided. Based on the zoning
standard, the 77 parking spaces would limit the building occupancy to 308
persons at any one time. (This is based on the Zoning By -law minimum standard
of one parking space for every four people that may legally be accommodated at
any one time).
8.4 A minimum parking rate of one parking space for four occupants may be
somewhat unrealistic as it pertains to Older Adults. As noticed in the Parking
Study of 2008, 90% of the vehicles arriving at the Beech Centre had single
occupants.
9.0 USE OF TENNIS COURTS FOR PARKING DURING WINTER MONTHS (GPA-
670 -11)
9.1 In a subsequent review of this matter staff has researched the possibility of
converting the Bowmanville Tennis Courts into a parking lot during the winter
months and back to tennis courts during the summer. In conducting this review
staff has found that the annual conversion of the tennis courts /parking lot
concept is neither practically feasible nor cost effective. Staff did determine that
converting the tennis courts to a parking lot for a short duration of approximately
two years or so to facilitate a specific purpose, may be possible and might be
reasonably cost effective, but such a conversion on an annual basis each winter,
is not recommended by staff.
12-11
REPORT NO.: CSD- 006 -12
10.0 STAKEHOLDER COMMENTS
PAGE 12
10.1 In the preparation of this report staff of the Community Services and Engineering
Services Departments consulted with the Bowmanville Tennis Club, Clarington
Older Adult Centre Board and a Resident /Community Coalition. Below is a
summary of comments provided to staff by each organization.
10.2 Bowmanville Tennis Club
10.2.1 The Bowmanville Tennis Club is a highly successful volunteer organization,
which has operated effectively for decades on the two courts located on the
grounds of the current Clarington Older Adult Association site. These courts
have been part of the playground and green space on that site since around
1946, and are still in excellent condition today due to ongoing care by members.
10.2.2 Membership fees have funded all of the Club's operating costs, including their
lease ($1,500 /yr), property taxes ($3,500 /yr), court maintenance and repair costs,
light standards, hydro and club tournaments and activities. Every five to six
years the courts are resurfaced from these fees. They have never requested nor
received funding from the Municipality.
10.2.3 Membership ranges annually from 150 -170 players of all ages, and is open to all
residents of Clarington. 53% of their members are ages 50 and over. The Club
also provides a summer Tennis Camp for youth and instruction for non - members
and members alike. The Bowmanville Tennis Club also shares the courts from
time to time with local high schools to practice for LOSSA and other events at no
charge to the schools.
10.2.4 The location, history and tradition of the courts and Bowmanville Tennis Club are
of vital importance to its members. While the group is very passionate about
their Club, they could not confirm if the.courts were to be relocated whether the
membership would follow. For relocated courts to be successful, an organization
would need to exist and would most likely require new representation.
10.2.5 Kern Majid, President of the Bowmanville Tennis Club, provided this quote on
behalf of the Club: "Tennis players (non - professional) are social beings, with
quality courts, good and accessible organization, safe, familiar and pleasant
surroundings, reasonable and non - aggressive standards of competition, and the
sheer pleasure of playing tennis outdoors are high on their list of priorities. When
you add the historical attachment of playing the game where your grandparents,
parents, siblings' and school friends played, it is understandable why the current
location of the courts continue to appeal to so many. Heritage, history and
tradition are priceless ingredients of our Clarington experience. And it's always
possible that if you build it, they may not come!"
12 -12
REPORT NO.: CSD- 006 -12 PAGE 13
10.3 Clarington Older Adult Centre Board
10.3.1 The Clarington Older Adult Association (COAA) currently has a membership of
between 1,500 -1,600 adults ages 50 and over. Their membership has been
growing rapidly, putting pressure on the existing building and parking facilities.
10.3.2 Since 2009 the Clarington Older Adult Association and the Municipality of
Clarington Community Services Department have worked under a Memorandum
of Understanding, which allows for the provision of programs by COAA staff at
Community Services Department facilities. While this has been seen as a
successful step forward, the COAA has expressed reservations and challenges
with programming outside of the Beech Centre.
10.3.3 It was expressed that their more "senior" members view the Beech Centre as
home, and are not and would not be willing to travel to other locations within the
Municipality. This is the location they are familiar with, and enjoy the ambiance
and comfortable feel of the facility.
10.3.4 The COAC Board agreed that while the current older adults are reluctant to
participate in programs at other facilities, this would most likely be received more
favourably by the newer and younger membership. They would know that this
would be the expectation right from the beginning, and therefore this issue
should dissolve with time.
10.3.5 The Board expressed that it is important for the membership to have areas for
programming, but equally important are areas for non - structured socialization.
They would ultimately be looking at a multi - purpose facility.
10.3.6 Due to parking restrictions, when the auditorium at the Beech Centre is being
fully utilized other programming cannot occur in the building. The maximum
tickets sold for an event is 220, with an additional 25 volunteers and staff also
attending. Currently members and staff park on the grass and adjacent street
when a large event or multiple programming occurs. They suggested 50 -70
additional parking spots would improve the parking situation. It was
acknowledged that there will never be sufficient parking in this location to satisfy
the growing membership and demands.
10.3.7 Street parking is seen by the COAA as non - satisfactory for members with
accessibility issues, and does not serve their demographic.
10.3.8 The location of additional on -site parking was not seen as much of an issue, as
long as sufficient access can be obtained from the rear of the building, should
additional parking be located there.
10.3.9 The COAC Board has rented out the facility for private functions for many years
to offset their operating costs. It was agreed that these functions are not part of
their mandate, and they would prefer to not have to provide these services. Their
responsibility is to provide programming for the older adults of Clarington.
12 -13
REPORT NO.: CSD- 006 -12
PAGE 14
10.3.10The COAA would like to see an immediate answer to their parking needs, with a
direction for the future, including increased programming at satellite facilities and
inclusion in a new recreation facility in south Bowmanville. They want to ensure
they are involved in the design process of the expanded south Bowmanville
recreation complex.
10.4 Resident/Community Coalition
10.4.1 Staff met with representatives of a group of residents who live within the
surrounding neighbourhood of the Beech Centre, who have formed a Coalition
for the purpose of this Report. In their words "It's referred to as a Coalition .
because it contains more interests than that found in the one -time advocacy
group of the Old Bowmanville Neighbourhood Association and so reflects an
emerging broader consensus within the neighbourhood and beyond."
10.4.2 Their following statement outlines the breadth of their representation, and their
stance on additional off - street paved parking and the Bowmanville Tennis Club:
"A Coalition of seniors, youth, new residents, Heritage interests, neighbourhood
advocates, business people, tennis players, taxpayers, parents of school
children, residents of Horsey Street, Temperance Street, Grant Lane,
Concession Street, Beech Avenue, and Centre Street met on Saturday 18
February 2012 and unanimously declared that no green space or playground
land including the tennis courts should be used for off - street paved parking, and
that the property tax - paying, volunteer funded and supported, Bowmanville
Tennis Club, should receive a long term lease for its current site."
10.4.3,The Coalition expressed frustration with the fact that they have been dealing with
the issue of additional parking for the Beech Centre for over ten years, and felt a.
compromise had been reached in 2002 with the addition of the south parking lot.
They were assured by Council at that time that there would be no more
discussion of additional parking.
10.4.4 They feel that there is the potential for an additional 100 parking spots on the
surrounding streets, and they heartily support on- street parking.
10.4.5 Most other downtown Municipal buildings, including libraries expect patrons to
park at Municipal lots and on the street, and they feel this Centre should be no
different, particularly if the on -site existing parking is managed to prioritize
parking for individuals with accessibility issues.
10.4.6 The residents expressed frustration with buses and large trucks servicing the
Beech Centre, which are not conducive uses within a residential area. They
suggest that the Board's commercial rentals should not be permitted.
10.4,7 The Coalition are strong proponents of the value of the green space, and
appreciate the presence and service the Bowmanville Tennis Club brings to the
community.
10.4.8 The Resident/Community Coalition definitely supports the future increased
utilization of satellite locations to deal with the increased presence of the
12 -14
REPORT NO.: CSD- 006 -12
PAGE 15
Clarington Older Adult Association. While they do not object to this location
continuing to be utilized for the COAA, they do not realistically feel this can be
the primary location in the years to come.
11.0 BEECH AVENUE, HERITAGE DISTRICT
11.1 Beech Avenue is a Heritage Conservation District under Part V of the Ontario
Heritage Act. There are also individual homes located on Beech Avenue
designated under Part IV of the Ontario Heritage Act, 26 Beech Avenue (Beech
Centre), however, is not designated individually. Should Council desire to
increase parking at this site a Heritage Permit Application would be completed
and reviewed by the Heritage Conservation District Advisory Committee,
although approval rests with Council
12.0 OPTIONS FOR CONSIDERATION
12.1 As a part of this review staff considered a number of options as a potential
resolution to the ongoing parking issue at the Beech Centre. The options
presented below are, being recommended by staff as the best alternatives and
take into account the position of all stakeholders. Other options considered but
not advanced for Committee consideration at this time are:
• Removal of playground and surrounding green space
• Maximization of parking by paving both the tennis courts and green space
behind the building
• Paid parking at the Beech Centre
12.2 The following options are being recommended for consideration by Council.
12 -15
OPTION 1
OPTION 2
OPTION 3
NO INCREASE TO ON -SITE
PARKING INCREASE
PARKING INCREASE/ TENNIS
PARKING
COURT RELOCATION
- Current parking lot would
- Parking lot would be
- Parking lot would be
OPTIONS
remain unchanged (77 spaces)
increased by 54 spaces (131
increased by 51 spaces (128
spaces in total)
spaces in total)
- Develop a "Priority Parking"
system to provide designated
- Increased parking would be
- Parking would be located in
parking spaces closest to the
created west of the building.
place of existing tennis courts
main entrance for those most in
The additional parking spaces
(Attachment 3)
need
would be composed of 37
regular spaces and 17
- Develop a "Priority Parking"
- Convert two spaces to
additional spaces for special
system to provide designated
accessible parking spaces, for
large events where cars would
parking spaces closest to the
a total of four
be "stacked" or "double parked"
main entrance for those most
along the west parking stalls
in need
- Overflow parking would
( Attachment 2)
continue to be accommodated
- Convert three spaces to
on neighbourhood streets
- Develop a "Priority Parking"
accessible parking spaces, for
system to provide designated
a total of five
- Tennis Courts remain
parking spaces closest to the
main entrance for those most in
need
12 -15
REPORT NO.: CSD- 006 -12
PAGE 16
12 °16
OPTION 1
OPTION 2
OPTION 3
- Initiatives such as car pooling
- Convert three spaces to
- Two lit Tennis Courts of
OPTIONS
and shuttle services would
accessible parking spaces, for
similar quality would be re-
con't
need to be continued and
a total of five
located to Soper Creek Park
expanded
(Attachment 4)
- Tennis Courts remain
- Provide a long term lease (5
- Initiatives such as car pooling
years with the option to renew)
- Initiatives such as car pooling
and shuttle services would
to the Bowmanville Tennis Club
and shuttle services would
need to be continued and
need to be continued and
expanded
expanded .
- Secure a long term lease (5
- Provide a long term lease (5
years with the option to renew)
years with the option to renew)
with the Bowmanville Tennis
to the Bowmanville Tennis Club
Club or a newly established
Tennis Club
- Maintains green space for
- Increases parking for COAA
- Increases parking for COAA
PRO'S
current/future use
programs /events
programs /events
- Minimal financial impact
- Reduces the need for on-
- Reduces the need for on-
- Sensitive to location/
street parking
street parking
neighbourhood
- Tennis Courts remain on site
- Opportunity to increase
- Provides adequate parking for
- Opportunity to increase
number of designated
majority of COAA events/
number of designated
accessible parking spaces to
programs
accessible parking spaces to
ensure on -site parking for
- Encourages use of
ensure on -site parking for those
those with physical disabilities
environmentally friendly
with physical disabilities
- Retains green space
alternatives to single occupant
- Existing mature trees would
cars (car pooling, shuttle
remain
services, walking, cycling)
- Opportunity to enhance
- Opportunity to increase
existing green space with
number of designated
additional landscaping and
accessible parking spaces to
trees
ensure on -site parking for those
with physical disabilities
- Large events require on- street
- Financial Impact
- Financial Impact
CON'S
parking
- Newly constructed parking lot
- Loss of Tennis Courts/ Costs
- Parking concerns of the
would be located at the rear of
to re- locate
COAC Board are not addressed
the building and would require
members to "walk around" the
building
- Stacked parking would require
some management for larger
events
- Loss of green space
- 3 small diameter trees would
be removed
1,000 -Added signage and
1,000 -Added signage and
1,000 -Added signage and
FINANCIAL
line painting
line painting
line painting
IMPLICATIONS
1,000 Total
230,000 - Parking lot
250,000 - Tennis Courts
30,000 - Landscaping /Trees
283,000 - Parking Lot
10,000 -Added Screening
30,000 - Landscaping /Trees
271,000 Total
10,000 -Added Screening
574,000 Total
12 °16
REPORT NO.: CSD- 006 -12
13.0 FINANCIAL SUMMARY
PAGE 17
13.1 Staff is recommending that the $28,500 be incorporated into the 2013 operating
base budget under External Agencies for the Clarington Older Adult Centre
Board grant no matter which option is selected by Council. The increase to
Clarington Older Adult Centre Board grant is necessary as the Board will no
longer receive rental revenue from non -COAA rentals.
13.2 Option 1 recommends $1,000 for line painting and signage be funded from the
Municipal Capital Works Reserve Fund.
13.3 Option 2 incorporates the cost identified in Option 1 ($1,000) as well as the cost
of a new parking lot with additional trees and appropriate screening for a total
cost of $271,000. It is recommended that the $271,000 be funded from the
Municipal Capital Works Reserve Fund.
13.4 Option 3 incorporates the cost identified in Option 1 ($1,000) as well as the cost
of a new parking lot with additional trees and appropriate screening for a total
cost of $324,000. It is recommended that the $324,000 be funded from the
Municipal Capital Works Reserve Fund. It is also recommended that the cost of
replacing the tennis courts estimated at $250,000 be funded from the
Impact /Escrow Reserve Fund.
14.0 COMMENTS
14.1 Regardless of which option (if any) Council may select, staff are recommending
that Council approve setting the capacity of the Clarington Beech Centre at 250
persons (Recommendation 2 of Report CSD- 006 -12).
14.2 Further, staff is also recommending that Council Limit the uses of the COAA at
the Beech Centre to programs and activities of the Clarington Older Adult
Association, and that Council increase the Municipal Grant provided to the Board
effective 2013 by $28,500 on an annual basis to off -set the loss of non -COAA
revenue (Recommendation 3 of Report CSD- 006 -12).
12 -17
Option 1
Option 2
Option 3
Parking Lot Expansion
N/A
230,000
283,000
Landscaping and Trees
N/A
30,000
30,000
Screening along West and South
Properties
N/A
10,000
10,000
Tennis Court Relocation
N/A
N/A
250,000
Added Signa e and Line Painting
1,000
1,000
1,000
Subtotal
1,000
271,000
574,000
Recommendation 3 — Increase Operating
Grant to COAA
28,500
28,500
28,500
Total
29,500
299,500
- 602,500
13.1 Staff is recommending that the $28,500 be incorporated into the 2013 operating
base budget under External Agencies for the Clarington Older Adult Centre
Board grant no matter which option is selected by Council. The increase to
Clarington Older Adult Centre Board grant is necessary as the Board will no
longer receive rental revenue from non -COAA rentals.
13.2 Option 1 recommends $1,000 for line painting and signage be funded from the
Municipal Capital Works Reserve Fund.
13.3 Option 2 incorporates the cost identified in Option 1 ($1,000) as well as the cost
of a new parking lot with additional trees and appropriate screening for a total
cost of $271,000. It is recommended that the $271,000 be funded from the
Municipal Capital Works Reserve Fund.
13.4 Option 3 incorporates the cost identified in Option 1 ($1,000) as well as the cost
of a new parking lot with additional trees and appropriate screening for a total
cost of $324,000. It is recommended that the $324,000 be funded from the
Municipal Capital Works Reserve Fund. It is also recommended that the cost of
replacing the tennis courts estimated at $250,000 be funded from the
Impact /Escrow Reserve Fund.
14.0 COMMENTS
14.1 Regardless of which option (if any) Council may select, staff are recommending
that Council approve setting the capacity of the Clarington Beech Centre at 250
persons (Recommendation 2 of Report CSD- 006 -12).
14.2 Further, staff is also recommending that Council Limit the uses of the COAA at
the Beech Centre to programs and activities of the Clarington Older Adult
Association, and that Council increase the Municipal Grant provided to the Board
effective 2013 by $28,500 on an annual basis to off -set the loss of non -COAA
revenue (Recommendation 3 of Report CSD- 006 -12).
12 -17
REPORT NO.: CSD- 006 -12
PAGE 18
14.3 In discussions with the COAA and the Resident /Community Coalition, it was
suggested that if parking was extended to the west of the building (Option 2) then
a new access to the facility would be required. The design of the parking lot in
Option 2 provides for safe pedestrian access from the new parking lot to the
existing entrance, thus eliminating the need for a new entrance.
14.4 The COAA should be encouraged to use Municipal or facility parking lots for bus
trips departing and returning in the early morning or late evenings, as well as
overnight trips in order to avoid unnecessary neighbourhood disturbances and
cars being left in the lot taking up parking spaces.
14.5 Moving forward, the Community Services Department will continue to work with
the COAA to look for opportunities to enhance current partnership programs.
Opportunities may include expanded non -prime hours in various facilities, a
greater number of prime time rentals for the purpose of special events, as well as
exclusive access to the vacated concession areas in Courtice Community
Complex and the Newcastle & District Recreation Complex. This would provide
the COAA with a physical presence in these facilities to better promote their
programs and services and to provide a focal point for older adults enjoying
programs within the building.
15.0 CONCURRENCE:
15.1 This report has been reviewed by Nancy Taylor, Director of Finance, Fred
Horvath, Director of Operations, Gord Weir, Director of Emergency and Fire
Services, Marie Marano, Director of Corporate Services, Jerry Barber,
Purchasing Manager, Patti Barrie, Municipal Clerk and David Crome, Director of
Planning Services who concur with the recommendations.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Joseph P. Caruana, Director of Community Services
Tony Cannella, Director of Engineering Services
Attachments:
Attachment 1
- Peter Spratt Report
Attachment 2
- Parking Option 2
Attachment 3 -
Parking Option 3
Attachment 4 -
Tentative Location of Tennis Courts at Soper Creek Park in Option 3
Attachment 5 -
By -Law 2012-
12 -18
REPORT NO.: CSD- 006 -12
List of interested parties to be advised of Council's decision:
Malcolm McCombe, Secretary, Clarington Older Adult Centre Board
Bill Humber, Representative, Resident /Community Coalition
Laurie Cook, Representative, Resident /Community Coalition
Kem Majid, President, Bowmanville Tennis Club
Ellen Logan, Representative, Bowmanville Tennis Club
Dr. Timothy James, Bowmanville Tennis Club Member
Lois Richards, COAA and Bowmanville Tennis Club Member
PAGE 19
12 -19
Attachment 1 to Report CSD- 006 -12
ROCG Consulting
O 1748 Baseline
Roar1 West, quite 200
Courtice, ON, Canada
- LIE 2TI
global consasl%ant%.,Jar.M ntpaviiince
905- 579-1�„3 ex4 201
LD: 866-392-5672
F: 905- 579 -8563
February 21, 2012
Mr. Joe Caruana
Director of Community Services
Municipality of Clarington
40 Temperance Street
Bowmanville,-ON L1C 3A6
(by email)
Dear Mr. Caruana:
Re: Report on Status of Strategic Plan: Clarington Older Adult Association
Background
ROCG Consulting has been retained by the Municipality of Clarington to advise the Community
Services Department on the status of the Clarington Older Adult Association Strategic Plan
(2010) with specific focus on the COAA's use of the Beech Centre property in Bowmanville.
Specifically, we were directed to prepare a report summarizing the findings -of discussions with
individual COAA Board members, confirm the status of the COAA Strategic Plan, and confirm
the COAA Board's future desire and plans related to the Beech Centre property and future
facility development.
Approach
Per the Terms of Reference, interviews were conducted with all ten (10) elected Directors and
the Executive Director.
Additional interviews were conducted with the following Municipal Staff: the Community
Services Coordinator (Advisor to the COA Centre Board), and the Director of Operations.
Broader consultation with COAA members and other community stakeholders was not within
the scope of the Terms of Reference.
Preliminary findings from the consultation process were shared with the Community Services
Department in a meeting January 19, 2012. These same findings were discussed with the
Clarington Older Adults Centre Board on January 26, 2012. At that time, the Board voted to
endorse the preliminary findings as confirmation of its position.
The two Council Designates to the Board were briefed on the preliminary findings on January
30, 2012.
12 -20
Report on Status of COAA Strategic Plan and Beech Avenue Facility 2
Findings
The scope of these findings is limited to the COAA Strategic Plan, and specifically how the
Board and the Municipality have been interpreting the essential components of the plan related
to the use of facilities. It should be noted that the preliminary findings referenced earlier in this
document helped to establish a starting point for confirming and communicating the Board's
position on the Strategic Plan and more specifically, its intention to continue to utilize the Beech
Centre. The author has since expanded_ upon some points and added information and /or
personal insights to enhance clarity or provide a more balanced perspective.
1. The COA Centre Board consists of hard - working, dedicated volunteers who give freely of
their time and talents to support the delivery of programs and services for the older adult
community of Clarington. There should be no doubt that they have the best interests of their
members at heart.
2. There is evidence of significant efforts by the COAA to promote the mission and values
components of the Strategic Plan. The majority of Board members believe they are "walking
the talk" in demonstrating commitment to the values, although a few see 'Community Focus'
(e.g. collaboration) as needing further attention.
3. Most of the Board is familiar with the long -range vision for the Association. There are mixed
views on what 'Respected Community Partner' means, but the majority of the Board feels
COAA is one. There are examples of where the COAA has attempted to engage segments
of the broader community. There are also examples of where the Board's actions might be
considered by some to be contrary to the spirit of being a respected community partner (e.g.
building trust and using collaborative practices), such as in its decision to appear before
Council to object to a proposed one -year lease renewal of the tennis courts. [Author's
opinion: While 1 believe that this decision was made in good faith on behalf of its members,
the COAA may have missed an opportunity to enter into meaningful dialogue with the
Bowmanville` Tennis Club (a community partner) before making its decision, and in doing so,
enhance its reputation].
4. There is evidence of significant outreach by COAA to all parts of Clarington through
expanded partnerships and delivery of events /programs at satellites: (e.g. new focus on
working with community hall boards; programs continue at the Newcastle Recreation
Centre, and the Courtice Community Complex; partnerships exist with community
organizations and businesses). This is consistent with recommendations contained in the
Strategic Plan.
5. The COAA sees the Beech Centre as 'home'. The COAA wants the Beech Centre to remain
the 'hub' of the organization. Concerns were expressed about the potential loss of
volunteers (members) if the COAA loses the Beech Centre. Many of its members live within
walking distance.of the Centre.
12 -21
Report on Status of COAA Strategic Plan and Beech Avenue Facility 3
6. There is a significant distinction being made between .space for 'social interaction' (e.g.
COAAZY Cafe) and `program space'. Older members' needs are different from younger
members. Space for social interaction is as important as program space. (This is consistent
with'the findings of the Strategic Plan).
7. The Municipality considers the Beech Centre to be well maintained and in 'good' condition;
no major repairs or upgrading needs have been communicated to the Municipality.
8. Parking at the Beech Centre remains a problem for its members. The issue is most evident
during large events sponsored by the COAA, (e.g. Tuesday lunches and special events),
and during events sponsored by other organizations (hall rentals). Residents in the vicinity of
the Beech Centre may be equally frustrated with the parking issue, as the over -flow spills
onto neighbouring streets. The majority of Board members would like to see new parking
spaces added at the Centre. They would like to see the tennis courts relocated within the
community and use the vacated property for expanded parking.
9. There are expectations and an acknowledgement by the Board that increased capacity to
accommodate program expansion and continued membership growth will come through the
expansion of current and future satellite locations. There is still a commitment to "multi -use
community facilities with designated space and designed for use by older adults ", which is
consistent with the Strategic Plan.
10. The COA Centre Board is frustrated by a perceived lack of action by the Municipality on the
preparation of a master facility plan (Strategic Priority 3.3, page 19), and in particular, a lack
of engagement/consultation on the part of the Community Services Department. The COA
Centre Board expects Community Services to be leading this initiative, with COAA's active
involvement (collaboration). The perceived 'lack of action' is not shared by the Community
Services Department. Community Services believes that it has started the dialogue on future
facility options, citing its meeting with several COAA representatives in June 2011. Some of
the Board members interviewed recall meetings with Municipal Staff to discuss' COAA's
future needs, but feel that a more consultative approach is needed.
11. There is a considerable range of interpretations of what is meant by: "Continued utilization of
Beech Centre is acknowledged as providing a viable, short-term facility solution" (Strategic
Plan, page 18). This is perhaps the single most important finding from the review. The COA
Centre Board believes'that this wording means that it can continue to use the Beech Centre
and the continued growth will be accommodated by bringing additional facilities on -line (as
part of the master facility plan). Community Services Department has been interpreting this
wording 'to mean that the COAA will be moving out of the Beech Centre at some point
(reference: 'short- term') and has been attempting to engage the COAA in looking at other
facility options. I believe that this difference in interpretation is at the center of the issue.
12 °22
Report on Status of COAA Strategic Plan and Beech Avenue Facility 4
Suggestions.for Consideration by Community Services Department
a) Retain the Beech Centre as the `hub' for COAA administration and further development of its
`social space'.
b) Maintain.tennis courts, green space, and parking "as is ". .
c) Gradually transition high - volume events (COAA programs and hall rentals) away from the
Beech Centre to other recreation /community facilities that will be able to. accommodate
parking.
d) Supplement COAA's revenue for lost rental income (Strategic Plan identified $35,000 for
rentals in 2010 budget),
e) Increase the number'of shuttle vans and /or consider the purchase/lease-of mini -bus; the
.shuttle van services have been well received,
f) Arrange tours of two, relatively new, mixed -use older adult centres operated by Oshawa
Senior Citizens Centres (Legends Centre and Conant Centre) for Community Services and
COA Centre Board to visualize what one looks like. Visit the John Street (HQ) Centre to
demonstrate how Oshawa has managed its limited parking space and transitioned to three
other municipally -owned satellites. Explore how it operates its transportation service, and its
community dining services,
g) Engage, the COA Centre Board in discussion about bringing -on other space; this space will
be designed for older adults and designated for use by older adults, within mixed -use
community facilities (consistent with Strategic Plan).
Thank you for the opportunity to review the COAA Strategic Plan and share these findings. I
appreciate the cooperation of Staff and the COA Centre Board.
If you have any questions regarding any aspect of this report, please contact me
Yours truly,
��Mr
Peter Spratt, CHRP, Q.Med
Vice President
12 -23
Attachment 2 to
enort CSD- 006 -12
Parking
Existing
77
Special Event
17
Additional Rear
37 t'
Net Total Parking
131
iz y My �3
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P
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5;
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17
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14 Connecting Wall
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Existing Accessible Parking
c ` 2 F/177I Special Event Parking
Sidewalk
Landscape Area f'
Pavement
i Parking Area
,
L �...
o , ,
4 Bee chr A-
V venue:
PROJECT:
g CLARINGTON BEECH CENTRE
PARKING OPTIONS
DRAWING: PREPAREDBY: CHECKED BY. PROJECT No.:
E. LISINM
IS 7
3 �1� n PARKING DESIGNED BY: — APPROVED BY: — ATTACHIAEI7T:
1(11 li OPPORTUNITY �\
E Leading the Way OPTION 2 SCALE: DATE: 2
1:7,000 MAR 2012
12 -24
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Legend M `
' ` { Proposed Accessible Parking l
r — I
Existing Accessible Parking
r ° Parking Area i�(�
Pavement fl
t �= 1
Beech Avenue
s f
J
L..
PROJECT:
CLARINGTON BEECH CENTRE
PARKING OPTIONS
7
� r/�'
DRAWING:
PARKING
PREPAREDBY:
E usmsw
CHECKEDBY.
_
Attachment 3 to
Report CSD- 006 -12
Parking
+
_
,,, �.
� �
—
—
Existing
77
``
E fhe
OPTION 3
Additional at Tennis
62 .,° �� ,." ;
'• j
' +, ".
' 1,
Lost Parking
11
9i
Net Total Parking
128
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' ` { Proposed Accessible Parking l
r — I
Existing Accessible Parking
r ° Parking Area i�(�
Pavement fl
t �= 1
Beech Avenue
s f
J
L..
PROJECT:
CLARINGTON BEECH CENTRE
PARKING OPTIONS
7
� r/�'
DRAWING:
PARKING
PREPAREDBY:
E usmsw
CHECKEDBY.
_
PROJECTNo.:
12 -29724
DESIGNED BY
APPROVED BY:
ATTACHMENP.
Leadiag {i'ay
OPPORTUNITY
—
—
SCALE:
DATE:
E fhe
OPTION 3
1:1,000
FEB 2012
12 -25
Attachment 4 tc
Report CSD- 006 -12
HOBBS DRIVE) j ii I5k} 1.
7
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PROJECT
SOPER CREEK PARK
DRAWING: PREPAREDBY: CHECKEDBY: PROJECT!:..:
7
LISINSKI —
3 �lIIl Il - -
DESIGNED5Y: APPROVED BY: ATTACHI.IENT
PROPOSED
E uQe� „gmeivay TENNIS COURTS SCALE: DATE:
1:2.250 1.1AR 2012
12 -26
Attachment 5 to Report CSD- 006 -12
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2012-
Being a by -law to amend By -law 2011 -106, being a
by -law to establish a Municipal Services Board to
provide social and recreational opportunities to the
Older Adults of Clarington through the operation of
the Clarington Older Adult Centre
WHEREAS Council has approved the recommendations contained in
Report CSD- 006 -12,
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows:
THAT By -law #2011 -106 be amended by adding the following to section 1:
a) Capacity
THAT the overall capacity of the Clarington Beech Centre be 250
persons.
b) Programming
THAT effective January 1, 2013 activities taking place at the Clarington
Beech Centre be limited to programs and social activities of the
Clarington Older Adult Centre Board and regular meetings of the Lions
Club of Bowmanville.
By -law passed in open session this 16th day of April 2012
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
12 -27
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 2, 2012 Resolution #: By -law #:
Report#: CLD- 013 -12 File #:
Subiect: APPOINTMENTS TO TYRONE COMMUNITY HALL BOARD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1
6
3
THAT Report CLD - 013 -12 be received; and
THAT the appointment of the following individuals to the Tyrone Community Hall
Board for a term concurrent with the term of Council be confirmed:
Mark Canning
Alvina Hare
Laurie Lafrance
Peter Luckhardt
Cathy Murphy - McConnaghy
Carson McConnaghy
Larry Quinney
Joanne Skinner
Councillor Partner
Councillor Traill; and
THAT Mark Canning be advised of Council's decision.
Submitted by:
E.
Reviewed by:
B ie, CMO Franklin Wu,
Municipal Clerk Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3379
13 -1
REPORT NO.: CLD- 013 -12
1. BACKGROUND
In March 2008, Council passed By -law 2008 -039 which establishes a Municipal
Service Board to operate a Community Hall in Tyrone. This by -law set the
composition of the board at 13 citizen representatives and 2 members of Council. At
the request of the Hall Board in 2011, the By -law was amended to change the
composition of the Board to 9 citizen representatives and 2 members of Council. In
April 2011, Council appointed individuals to the Tyrone Community Hall Board. The
members of the board are to serve for a term concurrent with the term of the
appointing council.
2. CURRENT SITUATION
Since April 2011, the Board has been operating with the 11 members as appointed
by Council, however, over that time some of the members have resigned. At the
Annual General Meeting individuals put their names forward to sit on the Board.
3. CONCURRENCE - Not applicable
4. CONCLUSION
The By -law establishing the Tyrone Community Hall Board states that the Board
shall be appointed by Council and shall be comprised of 11 members, 2 of whom
shall be members of Council. In order to fulfill this requirement of the By -law, it is
respectfully recommended that the following individuals be appointed to the Tyrone
Community Hall Board, for a term concurrent with the term of Council:
Mark Canning
Alvina Hare
Laurie Lafrance
Peter Luckhardt
Cathy Murphy - McConnaghy
Carson McConnaghy
Larry Quinney
Joanne Skinner
Corinne Van deGrootevheen
Councillor Partner
Councillor Traill
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Patti L. Barrie, Municipal Clerk
List of interested parties to be advised of Council's decision:
Mark Canning
13 -2
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 2, 2012 Resolution #: By -law #:
Report #: CLD- 014 -12 File #:
Subject: 2012 VOLUNTEER RECOGNITION CELEBRATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD- 014 -12 be received for information.
Submitted by:
..
- Reviewed by:
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
13 -3
REPORT NO.: CLD- 014 -12
1. BACKGROUND
In 1992 Council deemed it desirable to acknowledge and celebrate the many
volunteers who contribute to the quality of life in the (then) Town of Newcastle. The
first Volunteer Recognition Event was held on April 23,1993 at the Garnet B. Rickard
Recreation Complex and was very well received by our volunteer community. More
than 90 volunteers received awards for their contributions and service to our
community, and approximately 200 individuals attended the event.
Over the years, the event has grown and in February 2008, Council passed
resolution #GPA- 108 -08 establishing that the Municipality of Clarington Volunteer
Recognition event be held every four (4) years to coincide with the Term of Council,
in the second year of the Term. Earlier this year, through the budget process,
Council, provided the necessary funding to hold our Volunteer Recognition event in
2012, for this Term of Council.
2. 2012 EVENT DETAILS
The 2012 Volunteer Recognition Event will be held on Wednesday, May 16, 2012, at
the Garnet B. Rickard Recreation Complex starting at 6:30 pm.
Staff has contacted more than 180 volunteer organizations serving Clarington,
seeking nominations.
In accordance with our recognition policy, set by Council, each organization may
nominate up to five (5) nominees. The recognition categories are:
5 years service but less than 10
10 years service but less than 15
15 years service but less than 20
20 years service but less than 50
More than 50 years service
Nominations shall be received by the Municipal Clerk's Department and the deadline
for submitting nominations is 4:30 pm on Wednesday, April 18, 2012.
Given that the selection criteria are very straight forward, staff shall receive and
evaluate the nominations and compile the list of eligible award recipients. However,
to continue with the special significance of this celebration in acknowledging the
contributions of the recipients, it is recommended that all Members of Council
participate in the awards presentations.
3. CONCURRENCE - Not applicable
13 -4
REPORT NO.: CLD- 014 -12
4. CONCLUSION
This report is being presented for information purposes only.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: C. Anne Greentree, Deputy Clerk
List of interested parties to be advised of Council's decision:
13 -5
Date: April 2, 2012 Resolution #: By -law#: N/A
Report#: COD - 001 -12 File #:
Subject: SUPPLY & DELIVERY OF ONE (1) CHEVROLET IMPALA WITH POLICE
PACKAGE ELECTRICAL WIRING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD - 001 -12 be received for information.
Submitted by:
arie Marano, H.B.Sc.,
C.M.O.,
Director of Corporate
Nancy7aylofB. B.A., C.A.,
Director of
Finance/Treasurer
MM \JB \BH \km
r
Reviewed b . I- Z'u ( .
i d y.
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623 -3379 F (905)623 -4169
14 -1
REPORT NO.: COD - 001 -12 PAGE 2
1.0 BACKGROUND
1.1 Report COD - 027 -11 contract awards during council recess was approved by
Council on September 19, 2011 Resolution #GPA- 559 -11. The report is
appended as Attachment A for reference. .
1.2. The purchase order was issued in August 2011 for the Supply and Delivery of
One (1) Chevrolet Caprice 9C1 with Police Package Electrical Wiring from
Quantrill Chev Cadillac, Port Hope, Ontario.
1.3 In November 2011, the Municipality followed up with the delivery date for the
vehicle. Quantrill Chevrolet Cadillac, Port Hope, Ontario advised that General
Motors had cancelled the order as the Caprice will not be available in Canada as
originally expected. The dealership advised that they were not aware of the
cancellation. Quantrill Chevrolet Cadillac received confirmation from General'
Motors that they will build a red Impala for the Municipality of Clarington.
Originally, General Motors advised that the colour red would no longer be offered
for the Impala therefore the Caprice was specified and bids were solicited.
1.4 Since the first bid and award was approved by Council as a result of budget
constraints the outcome of the order is being reported for information. The
manner in which bids were secured and order placed was in compliance with the
Purchasing By -Law.
2.0 ANALYSIS
2.1 Due to the notification of the order cancellation for the Caprice, pricing was
solicited from three General Motors dealerships for the Supply & Delivery of One
(1) Chevrolet Impala with Police Package Electrical Wiring. Two dealerships
provided pricing. Attachment B provides both an outright purchase price and an
after trade price.
2.2 After review and analysis of the bid by the Emergency & Fire Services
Department, Operations Department and Purchasing, it was mutually agreed that
the low, compliant bidder, Quantrill Chev Cadillac, Port Hope, Ontario, be
awarded the contract for the Supply and Delivery of One (1) Chevrolet Impala
with Police Package Electrical Wiring. Based on staff review the bid amount
offered for the after trade option was fair and reasonable and was recommended.
2.3 Quantrill Chev Cadillac, Port Hope, Ontario, has provided similar services to the
Municipality of Clarington in the past and the level of service has been
satisfactory.
14 -2
REPORT NO.: COD - 001 -12 PAGE 3
3.0 COMMENTS
3.1 The purchase of one (1) Chevrolet Impala with Police Package Electrical Wiring
is a replacement unit for the Fire Department.
3.2 The Fire Department has accepted the trade -in price of $4,000.00 for the 2005
Chevrolet Impala (ID #36).
3.3 The budget for the Chevrolet Impala with Police Package Electrical Wiring is
$35,000.00 in the Fleet Replacement Fire Equipment Account 110- 28 -388-
82824 -7401. The funds required to complete the purchase of the One (1)
Chevrolet Impala with Police Package Electrical Wiring is $28,927.32.
3.4 The purchase cost difference between the Chevrolet Impala with Police Package
Electrical Wiring compared to the purchase of a Chevrolet Caprice 9C1 with
Police Package Electrical Wiring resulted in $11,186.47 reduction in cost.
3.5 Queries with respect to the department needs, specifications, etc. should be
referred to the Director of Emergency & Fire Services.
4.0 FINANCIAL
4.1 The budget for the Chevrolet Impala with Police Package Electrical Wiring is
$35,000.00 in the Fleet Replacement Fire Equipment Account 110- 28 -388-
82824 -7401. The funds required to complete the purchase of the One (1)
Chevrolet Impala with Police Package Electrical Wiring is $28,927.32.
5.0 CONCURRENCE
5.1 This report has been reviewed by the Purchasing Manager. The Director of
Emergency & Fire Services and Director of Operations concur with the
recommendations.
6.0 CONCLUSION
6.1 The contract for the replacement vehicle was awarded to Quantrill Chev Cadillac,
Port Hope, Ontario, and has been received and is being equipped with the
necessary lights and siren.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Jerry Barber, Purchasing Manager
Attachments:
Attachment 1 - Report COD - 027 -11
Attachment 2 - Bid Summary
List of interested parties to be advised of Council's decision: Not Applicable
14 -3
Attachment 1
n"EP0
CORPORATE SERVICES DEPARTMEN
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 12, 2011 Resolution #: By -law#: N/A . .
Report#: COD - 027 -11 File #:
Subject: CONTRACT AWARDS DURING COUNCIL RECESS
RECOMMENDATIONS: .
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD - 027 -11 be received for information.
Submitted by: Reviewed by ~
aril Marano, H.B.Sc., C.M.O., . Franklin Wu,
Director of Corporate Services Chief Administrative Officer
MM /JB /km
14 -4
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
Attachment 1
REPORT NO.: COD-027-11 PAGE 2
R. BACKGROUND
1.1 During periods when Council is in recess provision has been made for the
approval of contract awards in order to continue with business as usual. During
the summer recess of 2011 there were two occasions that would normally
necessitate a report to Council.
2 COMMENTS
2.1 In accordance with Purchasing By -law 2010 -112, Part 2, Section 67,.the
following contracts'were awarded during the Council Recess for Municipal
Elections.
Q201 i -23, Supply & Delivery of One (1) Chevrolet Caprice 9C1 with. Police
Package Electrical Wiring
CL2011 -7, Bowmanville Creek Erosion Protection — Extension of Contract to
include Brookhill Tributary Remedial Work
A copy of the recommending Report -Memos for the above noted projects are
attached as Schedule "A" and "B" respectively.
2. CONCURRENCE
Not applicable
3. CONCLUSION
The actions taken by Staff as documented in the attached Report Memos be
provided for Councils information.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Jerry Barber, Purchasing Manager
Attachments:
Attachment 1 - Report Memo Re: Q2011 -23, Supply & Delivery of One (1) Chevrolet
Caprice
Attachment 2 - Report Memo Re: CL2011 -7, Bowmanville Creek Erosion Protection —
Contract Extension ***Th`1 §. attachment was omitted, not applicable
to Report COD- 001 -I2 * **
List of interested parties to be advised of Council's decision: Not Applicable
14 -5
Date: August 10, 2011
Attachment 1
SCHEDULE "A"
REPO ' MEMO
PURCHASING x C t ,.
To: Frank Wu, Chief Administrative Officer
From: Jerry Barber, Manager, Purchasing Services
Report 4: PS- 009 -11 File #: Q2011 -23
Subject: 02011 -23 — Supply & Delivery of One (1) Chevrolet Caprice 9C1 with
Police Package Electrical Wiring
RECOMMENDATIONS
It is respectfully recommended to the Chief Administrative Officer the following:
1. THAT Quantrill Chev Cadillac, Port Hope, Ontario, with a total bid price of
$40,113.79 (net of H.S.T. Rebate), being the sole responsible bidder meeting all
terms, conditions and specifications of Quotation Q2011 -23, be awarded the
contract for Supply & Delivery of One (1) Chevrolet Caprice 9C1 with Police
Package Electrical Wiring, as required by the Municipality of Clarington, Fire
Department;
2. THAT the funds required in the amount of $35,000.00 be drawn from the Fleet
Replacement Fire Equipment Account 110 -28- 388 - 82824 -7401 and
3. THAT the additional funds required in the amount of $5,113.79 be- drawn from
the Fire Equipment Reserve Fund,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -3330
14 -6
Attachment 1
REPORT t : PS-009-11 PAG
z
Jerry "r° e- Manager, Purcha in ervices
Concurrence:
!I
Gord Weir, Director of Emergency & Fire Services Date
Approved by:
Nancy Taylor, Director of Fi`nanc &Frea�urer ODate
Approved by:
tNI
Frank Wu, Chief Administrative Officer Date
MM \JB \bh
cc: M. Marano, Director, Corporate Services
14 -7
Attachment 1
REPORT NO.: PS- 009 -11 PAGE 3
BACKGROUND
1: d _T_1 _ quo. tat ion_dacument_mad_e_provision - far =- bids- Vvith -an- option- to- tr- ade =in— = -
an existing unit. Schedule "A" attached: provides both an outright
purchase price and an, after trade price.
1.2 Eight dealers were invited to bid on this requirement and one submission
was received.
2.0 ANALYSIS
2.1 After .review and analysis of the bid by the Emergency & Fire Services
Department, Operations Department and Purchasing, it was, mutually
agreed that the sole, compliant bidder, Quantrill Chev Cadillac, Port Hope,
Ontario, be awarded the contract for the Supply and Delivery of One (1)
Chevrolet Caprice 9C1 with Police Package Electrical Wiring. Based on
staff review the bid amount offered for the after trade option is fair and
reasonable and is recommended,
2.2 Quantrill Chev Cadillac, Port Hope, Ontario, has provided similar services
to the Municipality of Clarington in the past and the level of service has
been satisfactory.
3.0 FINANCIAL
3.1 The purchase of one (1) Chevrolet Caprice 9C1 with Police Package
Electrical Wiring is a replacement unit for the Fire Department.
3.2 The Fire Department has accepted the trade -in price of $4,000.00 for the
2005 Chevrolet Impala (ID #36),
3.3 The budget for the Chevrolet Caprice 9C1 with'Police Package Electrical
Wiring is $35,000.00 in the Fleet Replacement Fire Equipment Account
110 -28- 388 -82824 -7401. The funds required to complete the purchase of
the One (1) Chevrolet Caprice 9C1 with Police Package Electrical Wiring
14 -8 is $40,113.79.
Attachment 1
REPORT Nd.: PS-009-11 PAGE 4
3.4 The.additional funds required in the amount of $5,113.79 to complete the
- - - - -- - - -- - purchase -of- one- -('C) Chevrolet Ca —price- gGTx— #ifFFPofice ac age Electrical
Wiring are available in the Fire Equipment Reserve Fund.
3.5 In view of the Council summer recess authorization is' requested to award
the above contract, in accordance with the Purchasing By -law 2010 -112
Part 2, Section 67- Council Recess Procedures, with the additional funds
being drawn from the Fire Equipment Reserve Fund account.
3.6 Queries with respect to the department needs, specifications, etc. should
be referred to the Director of Emergency & Fire Services.
4.0 CONCLUSION
4.1 To award the contract to Quantrill Chev Cadillac, Port Hope, Ontario, for
Quotation Q2011 -23 Supply & Delivery of One (1) Chevrolet Caprice 9C1
with Police Package Electrical Wiring.
Attachments:
Schedule "A" — Bid Tabulation
cc: M. Marano, Director, Corporate Services
14 -9
-tom
1
CD
BIDDER
Quantrill Che CCadillac
Port Hope, ON
THE MUNICIPALITY OF CLARINGTON
TENDER Q2011 -23
BID TABULATION
'CHEDULE "A"
TOTAL BID TOTAL BID TOTAL BID TOT �L BID
HST Included) ) (net of HST Rebate) (with trade -in & (with trade -in - & net
HST Included) of HST: Rebate)
$49,064.60 $44,184.19 $44,544.60
a
W
3
m
Attachment 2
THE MUNICIPALITY OF CLARINGTON
BID TABULATION
BIDDER
TOTAL BID
TOTAL BID
TOTAL BID
TOTAL BID
(HST Included)
(net of HST Rebate)
(with trade -in &
(with trade -in & net
HST Included)
of HST Rebate)
Quantrill Chev Cadillac
Port Hope, ON
$36,642.51
$32,997.72
$32,122.51
$28327.32
Williamson Uxbridge
Uxbridge, ON
$37,403.00
$33,682.56
$33,561.00
$30,222.72
.A
i
2. THAT the Lease Extension from the John Howard Society for the existing leased
space at 132 Church Street, Bowmanville, in the amount of $14,441.73 per year
for the term of January 1, 2012 to December 31, 2012 be approved;
3. THAT the Lease Extension from the Community Living Oshawa / Clarington for
the existing leased space at .132 Church Street, Bowmanville, in the amount of
$14,441.73 per year for the term of January 1, 2012 to December 31, 2012 be
approved;
4. THAT Mayor and the Clerk be authorized to execute the lease agreements with
the John Howard Society and Community Living Oshawa / Clarington;
5. THAT staff be authorized to continue discussions with the Community Living
Oshawa / Clarington with a view to expanding their current leased space and
planning the required lease hold improvements required to accommodate the
longer term needs of both organizations, as funds permit; and
6. THAT staff report on the results of the discussions with the Community Living
Oshawa / Clarington and John Howard Society and provide an update of the
proposed lease hold improvements with an estimate of costs, as appropriate, to
be borne by the tenant and possible timing.
14 -12
REPORT NO.: COD - 008 -12
Submitted by: Reviewed by
arie Marano, H.B.Sc.,
MM \J D B \km
14 -13
C.M.O.,
Director of Corporate
Services
Nancy T ylor, C.A.,
Director of
Finance/Treasurer
PAGE 2
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
REPORT NO.: COD - 008 -12
1. BACKGROUND AND COMMENT
1.1 The John Howard Society and Community Living Oshawa /Clarington have
expressed an interest in, and agreed to an extension of their current lease
for a period of one (1) year commencing January 1, 2012 to December 31,
2012. A nominal 5% increase over the 2011 rate of $13,754.03 per year is
proposed; thereby increasing the annual price to $14,441.73 per year.
1.2 The aforementioned increase is based on the increased cost of the utilities
and expenses during the term of the previous lease.
1.3 As noted in the 2010 Report COD- 054- 1 0'(Attachment #1) the John
Howard Society and the Community Living Oshawa / Clarington agencies
are interested in expanding their programs and are interested in additional
space in the building. Council directed that staff provide a report on the
discussions with the two agencies and provide an outline of the proposed
lease hold improvements with an estimated cost, as appropriate, to be
borne by the tenant and the possible timing.
2. ANALYSIS — Investigation of Leasehold Improvements for Expansion
2.1 Staff met with representatives of both agencies to discussed the space
requirements and the issues associated with expanding their programs.
Until late 2011, the absence of funds prevented any steps to design actual
space requirements and the cost estimates associated with proposed
changes.
2.2 During the fall and winter of 2011 funding arrangements were made with
Community Living and the proposed renovation and design of work space
was undertaken and an estimated cost was prepared. Included in the
renovations to the building are upgrades to meet accessibility
requirements and these improvements represent a significant portion of
the estimated $428,000.00 cost of renovations. A preliminary design is
provided as Attachment #2
2.3 It is proposed that staff continue to work with the Community Living and
John Howard Society to refine actual space requirements and use and
assist where possible with grant applications during 2012. In the interim, it
is recommended that the leases be renewed for a further one year term
while further investigation is conducted.
2.4 In addition to the proposed renovations to accommodate the tenant, the
municipalilty has challenges in the near future because of the building
condition. Both the roof and HVAC will require replacement within the next
two 2 years.
14 -14
REPORT NO.: COD -008 -12
3. FINANCIAL IMPLICATIONS —Lease Extension for Current Space
3.1 In order to continue the existing lease arrangement during the exploration
of the requirements for the expanded space, it is recommended that a
lease extension be entered into with each agency. A nominal increase is
proposed in the lease rate to accommodate the increase in the cost of
utilities and expenses for the facility.
3.2 On -going discussions with the tenants with respect to the leasehold
improvements will move ahead with limited cost to the Municipality.
3.3 Discussions will include the extension of the leases for the total space
requirement for a term in keeping with the investment in leasehold
improvements.
3.4 Queries with respect to department needs, specifications, etc., should be
referred to the Director of Operations.
4. CONCLUSION
4.1 That the proposed lease extensions be approved for the current space
and that staff continue discussions with Community Living Oshawa /
Clarington and John Howard Society for the options related to expanded
space and related leasehold improvements.
4.2 That a report on the outcome of the discussions including the leasehold
improvements and estimates be provided at an appropriate time.
5. INPUT FROM OTHER SOURCES
5.1 This report has been reviewed for recommendation by the Purchasing
Manager with the appropriate departments and circulated as follows.
Concurrence: Director of Operations
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Marie Marano, Director of Corporate Services
Attachments:
Attachment 1 - COD - 054 -10, John Howard Society Lease Extension
and Community Living Oshawa / Clarington Lease Extension,
Bowmanville
Attachment 2 - Preliminary design
14 -15
•
IL4 4
i
Attachment 1 to
Report COD - 008 -12
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 13, 2010 Resolution #: �%J�'u`~ %�'�� By -law#: N/A
Report#:, GOD- 054 -10 File #:
Subject: JOHN HOWARD SOCIETY - LEASE EXTENSION
COMMUNITY LIVING OSHAWA / CLARINGTON - LEASE EXTENSION
132 CHURCH STREET, BOWMANVILLE
It is- respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report COD - 054 -10 be received;
2. THAT the Lease Extension from the John Howard Society for the existing leased space at
132 Church Street, Bowmanville, in the amount of $13,754.03 per year for the term of
January 1, 2011 to December 31, 2011 be approved;
3. THAT the Lease Extension from the Community Living Oshawa / Clarington for the
existing leased space at 132 Church Street, Bowmanville, in the amount of $13,754.03 per
year for the term of January 1, 2011 to December 31, 2011 be approved;
4. THAT Mayor and the Clerk be authorized to execute the lease agreements with the John
Howard Society and Community Living Oshawa /Clarington; and
5. THAT staff be authorized to continue'discussions with the John Howard Society and
Community Living Oshawa /Clarington with a view to expanding the their current leased
space and planning the required lease hold improvements required to. accommodate the
longer term needs of both organizations, as funds permit; and
6. That staff report on the results of the discussions with the John Howard Society and -
Community Living Oshawa /Clarington and provide an update of the proposed lease hold
improvements with n stimate of costs, as appropriate, to be borne by the tenant and
possible timing.
Submitted by: Reviewed by:
arie Marano, H.B.Sc., C.M.O., Franklin Wu,
Director of Corporate Services Chief Administrative Officer
M M/J DB /km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T(905)623 -3379 F (905)623 -3330
14 -16
REPORT NO.: COD - 054 -10
BACKGROUND AND COMMENT
Attachment 1 to
Report COD - 008 -12
PAGE 2
1.1 The John Howard Society and Community Living Oshawa/Clarington have
expressed an interest in, and agreed to an extension of their current lease for a
period of one (1) year commencing January 1, 2011 to December 31, 2011. A
nominal 5% increase over the 2010 rate of $13,099.08 per year is proposed;
thereby increasing the annual price:to $13,754.03 per year.
1.2 The aforementioned increase is based on the increased cost of the utilities during
the term of the previous lease.
1.3 Subsequent to the lease renewal in 2009 (Report # COD - 005 -10 - attachment #1) to the .
GPA Committee was provided indicating that Ontario Realty Corporation was no
longer interested in leasing the Courtroom space at 132 Church Street.
Committee was also informed that the John Howard Society and the Community
Living Oshawa / Clarington agencies were interested expanding their programs
and were interested in additional space in the building. Council directed that staff
provide a report on the discussions with the two agencies and provide an outline
of the proposed lease hold improvements with-an estimated cost, as appropriate,
to be borne by the tenant and the possible timing.
2. ANALYSIS - Investigation of Leasehold Improvements for Expansion
2.1 Staff have met with representatives of both agencies and discussed the space
requirements and the issues associated with expanding their.programs. The
challenges of determining the actual space requirements together with the
absence of funds have prolonged the. process. However, the agencies are still
interested in pursuing discussions with a view to expanding the lease space and
their programs.
2.2 It is proposed that staff continue to work with the John Howard Society and
Community Living to determine actual space requirements and use and assist
where possible. with grant applications during 2011. In the interim, it is
recommended that the leases be renewed for a further one year term while
further investigation is conducted.,
14 -17
Attachment 1 to
Report COD - 008 -12
REPORT NO.: COD -054 -10 PAGE 3
3. FINANCIAL IMPLICATIONS —Lease Extension for Current Space
3.1 In order to continue the existing lease arrangement during the exploration of the
requirements for the expanded space, it is recommended that a lease extension
be entered into with each agency. A. nominal increase is proposed in the lease
rate to accommodate the increase in the cost of utilities for the facility.
3.2 On -going discussions with the tenants with respect to the leasehold
improvements will move ahead with limited cost to the Municipality.
3.3 Discussions will include the extension of the leases for the total space
requirement for a term in keeping with the investment in leasehold
improvements.
3.4 Queries with respect to department needs, specifications, etc., should be referred to
the Director of Operations.
4. CONCLUSION
4.1 That the proposed lease extensions be approved for the current space and that
staff continue discussions with the John Howard Society and the Community
Living Oshawa / Clarington for the options related to expanded space and related
leasehold improvements.
4.2 That a report on the outcome of the discussions including the leasehold
improvements and estimates be provided at an appropriate time..
5. INPUT FROM OTHER SOURCES
5.1 This report has been reviewed for recommendation by the Purchasing Manager
with the appropriate departments and circulated as follows.
Concurrence: Director of Operations
Attachments:
COD- 005 -10, John Howard Society — Lease Extension Community Living
Oshawa /Clarington — Lease Extension
** *This attachment was omitted, not applicable to
Report COD- 008 -12 * **
14 -18
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FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: APRIL 2, 2012 Resolution #:
Report #: FND- 007 -12 File #: By -law #:
Subject: BUILDING PERMIT FEES ANNUAL REPORT FOR 2011
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND- 007 -12 be received for information.
Submitted by: % %%� �j��1� %��� Reviewed by
Nancy Yaylor, Y.B.A., C.A.
Director of Finance/
NT /LG /blm
Treasurer
A.S.' Cann ella, 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
15 -1
REPORT NO.: FND- 007 -12
BACKGROUND AND COMMENT:
PAGE 2
1.0 Under the Building Code Act, 1992 and the passing of subsequent amendments
and Ontario Regulation 350/06, municipalities are required to prepare an annual
report that records the amount of building permit fees collected and the costs
incurred during the process.
Division C Part 1 Section 1.9 of the Building Code specifies what is to be
included in the annual report as follows:
(1) The report referred to in Subsection 7 (4) of the Act shall contain the following
information in respect of fees authorized under Clause 7 (1) (c) of the Act:
(a) total fees collected in the 12 -month period ending no earlier than three
months before the release of the report,
(b) the direct and indirect costs of delivering services related to the
administration and enforcement of the Act in the area of jurisdiction of the
principal authority in the 12 -month period referred to in Clause (a),
(c) a break -down of the costs described in Clause (b) into at least the
following categories:
(i) direct costs of administration and enforcement of the Act, including
the review of applications for permits and inspection of buildings,
and
(ii) indirect costs of administration and enforcement of the Act,
including support and overhead costs, and
(d) if a reserve fund has been established for any purpose relating to the
administration or enforcement of the Act, the amount of the fund at the
end of the 12 -month period referred to in Clause (a).
(2) The principal authority shall give notice of the preparation of a report under
Subsection 7 (4) of the Act to every person and organization that has requested
that the principal authority provide the person or organization with such notice
and has provided an address for the notice.
1.1 The requirement to issue an annual report on building permit fees came into
effect for the 2006 year which means the first report was required by March 31,
2007. It is unclear in the regulations as to how the annual report is to be
reported; i.e. via Council meeting, newspaper advertising, municipal website, etc.
1.2 In accordance with the Building Code Act as amended, staff have prepared this
report to Council on an informational basis and Attachment "A" will be posted on
the municipality's website in April 2012.
1.3 On Attachment "A" for the summary of the 2011 Annual Report for Building
Permit Fees, the total building permit fees revenue exceeds the total of the direct
and indirect costs by $234,342.
15 -2
REPORT NO.: FND- 007 -12
PAGE 3
1.4 As the Building Division reserve fund was drained during the 2008 to 2010 period
as a result of the poor economic conditions, an additional transfer of $200,000
was made in 2011 to try to put this reserve fund back on a more sound footing for
coming years. The fact that, for 2011, the revenue is exceeding the costs by
$234,342, is not of significant concern since this impact will likely be offset in
2012 due to the effect of the building code change effective January 1, 2012
affecting December 2011 permits positively and spring 2012 permits negatively.
1.5 During the 2011 year, the Engineering Department advised Council through the
monthly building permit activity report that the building permits issued in 2011
were significantly higher in comparison to the 2010 year.
1.6 The significant number of building permits issued in 2011 is a result of changes
to the Building Code effective January 1, 2012, and developers purchased their
2012 building permits in advance, where possible.
1.7 The total number of all types of building permits issued in 2011 was 1,188
compared to 1,042 in 2010 which translates into a 14% increase in 2011.
1.8 The total number of new residential building permits issued in 2011 was 863
compared to 593 in 2010 which translates into 45.5% increase in 2011.
1.9 The below graph illustrates the number of permits for all types and new
residential for the last 6 years. The 2010 figures are more in line with the pre
2007 figures. The 2011 figure is unusually high and is not expected to be a new
trend, as already activity is somewhat lower in early 2012.
Building Permits
1400
2006 2007 2003 2009
Year
2010 2011
I i All types of Permits
[]New Residential Permits
15 -3
1183
1045 1073-
1042
1000
950
61
l
63
E 800
v
55
643
a93
�4
93
600
-
e
c
400
i
"' 74 -
F
o
2006 2007 2003 2009
Year
2010 2011
I i All types of Permits
[]New Residential Permits
15 -3
REPORT NO.: FND- 007 -12
CONCLUSION:
., - ,
2.0 In the first quarter of 2011, Council approved the Building Permit Fees and
Inspection Fees increase report and the Building By -Law #2011 -036. The
increase in the building fees was required to sustain the costs of the building
services costs. Staff are not recommending any change to building permit fees
for 2012.
2.1 Attachment "A" is a summary of the 2011 building permit fees revenue and
related expenditures with the expenses broken down into direct and indirect
costs along with the balance of the building division reserve fund. It also reflects
that the total amount of the permit fees exceed the costs to administer and
enforce the Building Code Act.
3.0 CONCURRENCE — not applicable
CONFORMITY WITH STRATEGIC PLAN —
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
_ Promoting economic development
X Maintaining financial stability
_ Connecting Clarington
_ Promoting green initiatives
Investing in infrastructure
_ Showcasing our community
_ Not in conformity with Strategic Plan
Staff Contact: Nancy Taylor, B.B.A., C.A., Director of Finance/Treasurer
Attachments:
Attachment "A ": Summary of 2011 Building Permit Fees Revenue & Expenditures
15 -4
AT'T'ACHMENT A
REPORT FND- 007 -12
MUNICIPALITY OF CLARINGTON
Building Permit Fee Annual Report for 2011
REVENUES
Total Building Permit fees collected during 2011 year under the Municipality of
Clarington's Bylaw Number 2011 -036, as amended is $2,237,202.
TOTAL REVENUES: $2,237,202.
EXPENSES
Direct Costs:
Direct costs are deemed to include the costs of the Building Division of the
Engineering Department for the processing of building permit applications, the
review of building plans conducting inspections and building- related enforcement
duties. Total Direct Costs: $1,148,681.
Indirect Costs:
Indirect costs are deemed to include the costs for support and overhead services to the
Building Division. Total Indirect Costs: $454,179.
Transfer to Reserve Fund: $400,000.
TOTAL EXPENSES: $2,002,860.'
(Surplus)/Deficit as of December 31, 2010: ($234,342).
STATEMENT OF RESERVE FUND:
Building Division Reserve Fund balance as of December 31, 2011($405,952).
NOTE: Unaudited Figures.
15 -5
UNFINISHED BUSINESS
Report COD- 036 -11
The following item was tabled at the November 28, 2011 General Purpose and
Administration Committee Meeting:
BOWMANVILLE TENNIS CLUB — COURT LEASE
Resolution #GPA- 665 -11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report COD - 036 -11, regarding the Bowmanville Tennis Club — Court Lease be
tabled until the first GPA meeting in March until all meetings have been concluded
involving Mr. Peter Spratt with respect to consultation with the COAA Board in regard to
the indications of the findings of the COAA Strategic Plan; and
THAT when concluded this report be brought back to GPA and Council for determining
of the future actions to be taken with respect to the Tennis Courts and their lease
arrangements and to the end use of the leased Tennis Court property.
CARRIED
18 -1
Date: November 28, 2011 Resolution #: By -law #:
Report#: COD- 036 -11 File #:
Subiect: BOWMANVILLE TENNIS CLUB — COURT LEASE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD - 036 -11 be received;
2. THAT the Manager of Purchasing be authorized to negotiate a new lease
agreement with Bowmanville Tennis Club, for the lease of tennis courts located
at the Clarington Older Adults Centre, 26 Beech Avenue, Bowmanville for a one'
year term of January 1, 2012 to December 31, 2012;
3. THAT the lease also serve as notice of lease termination on December 31, 2012;
and
4. THAT the Mayor and Clerk be authorized to execute the lease agreement in a
form satisfactory to the Municipal Solicitor.
Submitted by: Reviewed by:
Marie Marano
Director of Corporate
Services
M M /JB /km
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY'OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
18 -2
REPORT NO.: COD - 036 -11
1. BACKGROUND
1.1 At their meeting held July 14, 2008 Council reviewed Report #COD - 047 -08
Bowmanville Tennis Club — Lease Renewal (Attachment "A ")and approved the
following amended Resolution:
"THAT Report COD - 047 -08 be received;
THAT the Manager of Purchasing be authorized to continue with the formal
negotiations of a new lease agreement with Bowmanville Tennis Club, for the
lease of tennis courts located at the Clarington Older Adults 26 Beech Avenue for
the term of January 1, 2008 to December 31, 2011;
THAT the Mayor and Clerk be authorized to execute the lease agreement in a
form satisfactory to the Municipal Solicitor; and
THAT the attached By -law marked Schedule "A" authorizing the Mayor and the
Clerk to execute the proposed Lease Agreement with the Bowmanville Tennis
Club be forwarded to Council for approval."
12 In 2008 the lease was executed with a term as set out in the resolution.
1.3 At the end of 2010 one year prior to the expiry date of the lease agreement the
tennis club was notified of the lease expiry and reminded of the requirement for
the removal of the court lights and tennis club fixtures at the conclusion of the
lease.
1.4 On September 19, 2011 Mr. Kem Majid, President of the Bowmanville Tennis
Club, made a presentation to Council with respect to the tennis court lease
termination and subsequent to the presentation the following resolution was
passed:
"THAT the request from Mr. Kern Majid and the Bowmanville Tennis Club be
received for information at this time;
THAT a decision be rendered after discussion and a meeting has been held
between the Clarington Older Adults Association Board and the Department
Head staff from Community Services, Engineering Services, Corporate Services,
Operations, the Fire Chief, Mayor and Council Liaison at which time all lease
arrangements and documentation from 1998 until present be discussed and a
recommendation come forward with respect to parking, the tennis courts and the
future of the COAA at its current location, and future planning for the
organization; and
THAT this be done sooner rather than later and that the information come
forward at the October 17th General purpose and Administration Committee
meeting."
18 -3
REPORT NO.: COD - 036 -11
2. COMMENTS
2.1 Since passing of the above noted resolution, the appropriate Department Head
staff, the. Mayor and Council Liaison have met with the Clarington Older Adult
Centre Board. Further meetings have also been held to discuss the issues to be
addressed in the above noted resolution and determine the next steps for
Council's review.
2.2 During the course of the meetings the issue of the fast approaching end date for
the tennis court lease has been discussed and the future of the tennis courts is
tied directly to the issue of the parking and the future use of the facility. The
COAB will need to confirm it's future direction as identified in the approved
strategic plan, in order to consider the ultimate future use of the Beech Centre.
In the event that the parking is deemed adequate given the future plans for the
facility usage and COAA programming Council will then need to determine of the
future availability or use of the tennis courts section of the property.
2.3 Given the time that is required to reach a conclusion on the issues and provide
the required report it will be 2012 before any direction can be established.
Depending on the direction, be it to expand the parking using the tennis court
space or to maintain the status quo, and the future of the Beech Centre is known,
the timing is such that the tennis courts will remain available for 2012. If the
review results in a proposed expansion of parking using the tennis courts space
work on the parking expansion will not take place at the earliest until 2013 after
budget approval and design work is completed.
2.4 The subsequent report responding to outstanding issues in the Council resolution
of September 19th which will confirm the COAB future direction and will speak to
whether the tennis courts are required for full use of the property for COAB
purposes or whether a further lease should be considered for the Tennis Club to
continue to use the courts until the property is required. At that time the
Engineering report on the impact of using the courts space would be triggered.
2.5 For clarification, the responsibility for the remaining tennis court sub -lease at the
Beech Centre rests with the Municipality in accordance with the Memorandum of
Understanding established in 2001.
2.6 In view of the outstanding questions and the timing of the report to provide
responses to the questions along with recommendations it is proposed that a
lease be negotiated with essentially the same terms, conditions and a nominal
rent increase with the Tennis Club for the tennis courts at the Clarington Beech
Centre for a one year period commencing January 2012 to December 31, 2012.
18 -4
REPORT NO.: COD -036 -11
3. CONCURRENCE
PAGE 4
3.1 This report has been reviewed by the following Directors who concur with the
recommendations.
Nancy Taylor, Director of Finance/Treasurer
Fred Horvath, Director of Operations
Joe Caruana, Director of Community Services
Tony Cannella, Director of Engineering
3.2 This option has also been discussed with the President of the Bowmanville
Tennis Club and the Executive Director of the COAC who concur with the
approach.
4. CONCLUSION
4.1 In view of the availability of the tennis courts for the 2012 tennis season it is
recommended that that the Manager of Purchasing be authorized to negotiate a
new lease agreement with Bowmanville Tennis Club, for the lease of tennis
courts located at the Clarington Older Adults 26 Beech Avenue for the term of
January 1, 2012 to December 31, 2012
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Marie Marano, Director of Corporate Services
Attachments:
Attachment "A" - Report COD - 047 -08
Attachment "B" — Addendum to Report FND- 011 -01
List of interested parties to be advised of Council's decision:
Clarington Older Adult Centre Board
Bowmanville Tennis Club
18 -5
Leading the Way
Attachment "A"
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: July 7, 2008
Report #: COD - 047 -08
File #
Subject; BOWMANVILLE TENNIS CLUB — LEASE RENEWAL
Recommendations:
By -law #
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report COD - 047 -08 be received;
2. THAT the Manager of Purchasing be authorized to continue with the formal negotiations
of a new lease agreement with Bowmanville Tennis Club, for the lease of tennis courts
located at the Clarington Older Adults 26 Beech Avenue for the term of January 1, 2008
to December 31, 2010 with an option extend for up to three one year terms;
3. THAT the Mayor and Clerk be authorized to execute the lease agreement in a form
satisfactory to the Municipal Solicitor; and
4. THAT the attached By -law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the proposed Lease Agreement with the Bowmanville Tennis Club be forwarded
to Council for approval.
Submitted by;
Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
MMIJDB1km
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 -4169
.,
Attachment "A"
REPORT NO.: COD - 047 -08 PAGE 2
BACKGROUND AND COMMENT
1. BACKGROUND AND COMMENT
1.1. At their meeting of March 25, 2008 Council approved resolution #GPA- 215 -08
which reads in part as follows:
"THAT the Manager of Purchasing be authorized to proceed with the formal
negotiations of a new lease agreement with the Bowmanville Tennis Club as set
out in Report COD- 016 -08, and report back to Council for approval to execute
the final agreement."
1.2 With the approval of Council as noted above, discussions began with the Tennis
Club representatives and the main issues, being rent and the duration of the
lease were agreed to on a draft lease was prepared and presented. This lease
was similar in form and content to the previous twenty year and included an
updated lease rate and term with a one year notice for termination.
1.3 For a number of reasons a final lease has not been agreed upon as at this date
and with Council recessing for the summer, staff are requesting approval to
continue with the discussions leading to a mutually acceptable lease and further
that the Mayor and Clerk be authorized to execute the agreement satisfactory to
the Municipal Solicitor,
2. FINANCIAL IMPLICATIONS
2.1. Discussions to date have settled the lease rate for year one of the lease at
$1,350.00 dollars per year, subject to the Goods and Services Tax and payment
of property taxes.
2.2. An escalation formula has been agreed upon for annual increase and this utilizes
the Consumer Price Index (All items) for Toronto. A copy of the draft lease is
attached for information.
is I
REPORT NO,: COD- 047 -08
3. CONCLUSION
Attachment "A"
PAGE
3.1, Given the circumstances staff are confident that the outstanding lease issues can
be resolved in a short period of time and final lease presented for execution,
3.2. Due to Council Summer Recess staff is recommending that the Mayor and Clerk
be authorized to execute an agreement satisfactory to the Municipal Solicitor,
4. INPUT FROM OTHER SOURCES
41, This report has been reviewed for recommendation by the Purchasing Manager,
with the appropriate departments and. circulated as follows:
For Information: Director of Operations
Attachments:
Attachment 1 — Schedule "A ", By -law
Attachment 1 -- Schedule "B" Draft Lease Agreement
. .
Attachment "A"
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 2008-
Being a By -law to authorize an agreement between the
Corporation of the Municipality of Clarington and the
Bowmanville Tennis Club, Bowmanville, Ontario to enter into
agreement for the lease space at the Clarington Beech
Centre, 26 Beech Avenue, Bowmanville, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are authorized as per report COD - 047 -08 to execute,
on behalf of the Corporation of the Municipality of Clarington and seal with the
Corporation Seal, a contract between, Bowmanville Tennis Club, of Bowmanville,
Ontario, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By -law.
By -law read a first and second time this day of , 2008.
By -law read a third time and finally passed this day of , 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
am
DRAFT Schedule "B"
THIS INDENTURE made in triplicate the first day of 2008,
BETWEEN:
IN PURSUANT OF THE SHORT FORMS OF LEASES ACT
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
herein called the °Lessor":
and-
THE BOWMANVILLE TENNIS CLUB
of the FIRST PART
herein called the "Lessee"
of the SECOND PART
PREMISES WITNESSETH that In consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee, to be paid, observed and
performed, the said Lessor has demised and leased and by these presents doth demise
and lease unto the said Lessee, ALL THOSE CERTAIN LANDS described as The
Bowmanville Tennis Club Courts and the Immediately surrounding fence as located on this
date on the property owned by the Municipality of Clarington at 26 Beech Avenue,
Bowmanville, Ontario.
TERM TO HAVE AND TO HOLD the said demised premises for and during the Term to be
computed from the first day of January 1 ", 2008 and from thenceforth ensuing and to be
fully completed and ended on the first day of January 1`I, 2010, provided that prior to the
expiry of the Term the Lessor's Council resolves that the Lessor wishes to lease the
Premises for a further one -year term (not to exceed three one -year terms) commencing
on a day within the two (2) month period which commences on the day following the
date of expiry of the Term, the Lessor and Lessee shall use their best efforts to settle
the terms and conditions of the new lease or an extension of this lease of the Premises,
RENTAL The said Lessee covenants with the said Lessor to pay rent as follows:
YIELDING AND PAYING DURING the said Tenn hereby granted unto the said Lessor the
following sums payable in advance on January 1 of each year
January 1, 2008 $1- 35"0-(Plui+. -oods & Services Tax)
On Januaryl, 2009 tne`re of $3,500.00 1149 GST)shail be Increased pro rata with the
Increase in the Consumer Pnoe os -(C -P items) for Toronto with November 1" of
2007 as the base date and the increase to be based on the Increase, if any, In
the CPI from November 1, 2007 to November 1, 2008 with the rent for or each succeeding
year that the lease Is extended being Similarly Increased In proportion to the applicable
increase, if any, In the CPI,
BUSINESS AND to pay all business taxes in respect of the business carried on by the Lessee in and
TAXES upon or by reason of their occupancy of the premises hereby demised;
REPAIR AND to repair (reasonable wear and tear, and damage by fire, lighting and tempest only
excepted);
AND that the said Lessor may enter and view state of repair,
AND that the said Lessee will repair according to notice in writing (reasonable wear and
tear and damage by fire, lighting and tempest excepted);
AND that they will leave the premises in good repair (reasonable wear and tear and
damage by fire, lighting and tempest excepted);
ASSIGNMENT AND will not assign or sub -let the whole or any part of the demised premises without
leave; the Lessee hereby waives and renounces•the benefit of any present or future act of
the Legislature of Ontario which would allow the Lessee to assign or sub -let this lease,
without leave of the Lessor,
AND the said Lessee covenants with the said Lessor, Its successors and assigns:
Attachment "A"
1
BUSINESS (a) THAT the said demised premises will not, during the said term, be at any time
used for any other purpose than that of a Tennis and Racquet Club.
F=RES (b) AND THAT not fixtures, goods or chattels of any kind will, except in the
ordinary course of business, be removed from the demised premises during
the term hereby demised or at any time thereafter without the written consent
of the Lessor, Its successors or assigns, being first had and obtained, until all
rent in arrears as well as all rent to become due during the remainder of the
Term hereby granted shall have been fully paid, or the payment thereof
secured to the satisfaction of the Lessor or Its assigns.
ELECTRIC (c) THE Lessee hereby covenants to pay all charges for electric energy (for light
POWER and power) used by the Lessee In the demised premises.
ALTERATIONS, (d) THAT if the Lessee shall during the said Term desire to affix or erect partitions,
PARTMONS, counters or fixtures to any part of the demised premises, It may do so at its
ETC. own expense at any time and from time to time provided that the Lessee's
rights to make such alterations to the demised premises shall be subject to the
following conditions;
(1) THAT before undertaking any such alterations, the Lessee shall submit
to the Lessor a plan showing the proposed alterations and shall obtain
the approval and Consent, of the Lessor to the same.
(2) THAT all such alterations shall conform to all building by -laws, if any,
then In force affecting the demised premises,
(3) THAT all such alterations will not be of such kind or extent as to in any
manner weaken the structure of the building after the alterations are
completed or reduce the value of the building,
(e) THAT, except as herein provided the Lessee will not erect or affix or remove or
change the location or style of any partitions or fixtures, without the written
consent of the Lessor being first obtained.
(f) THAT, at the expiration of the term hereby granted, or any renewal thereof, all
fixtures belonging to the Lessee shall remain upon the demised premises until
taken doom by the Lessor, and the Lessee shall forthwith, upon the same
being taken down, remove the same from the demised premises first paying to
the Lessor the expense of such taking down and making good all damage
occasioned to the demised premises by the taking down or removal thereof,
(g) THAT, if the term hereby granted or the goods and chattels of the Lessee or
any assignee or sub - tenant shall be at any time seized or taken in execution or
attachment, or if the Lessee or any such assignee or sub - tenant shall make an
BANKRUPTCY assignment for the benefit of creditors or shall become bankrupt or Insolvent,
O
INSOLVENCY or make a proposal to Its creditors, or without the consent of the Lessor being
first obtained in writing, shall make a sale, under the Bulk Sales Act, in respect
of goods on the premises, or being a company shall become subject to any
legislative enactment relating to liquidation or winding up, either voluntary or
compulsory, the said term shall Immediately become forfeited and void, and an
amount equivalent to the next ensuing three months' rent shall be at once due
and payable,
RULES AND (h) THAT the Lessee and Its clerks, servants and agents will at all times during the
occupancy of the demised premises observe and conform to such reasonable
rules and regulations as shall be made by the Lessor from time to time
including the rules and regulations set forth in Schedule "A" hereto and of
which the Lessee shall be notified, such rules and regulations being deemed to
be incorporated in and form part of these presents.
Removal of All Leasehold Improvements (other than Tenant's fixtures) shall Immediately upon their
Fixtures and placement become the Lessor's property without compensation to the Tenant. Except as
Property► may be otherwise agreed b the Lessor in writing, no Leasehold Improvements shall be
Property Y 9 Y 9. p
removed from the Premises by the Tenant either during or at the expiry or earlier
termination of the Term. The Tenant may; during the Term, In the usual course of Its
business, remove Its fixtures, provided that the Tenant Is not in default under this lease
and provided that such fixtures have become excess to the Tenant's needs or the
Tenant is substituting new and similar fixtures therefor. The Tenant, at the expiration or
earlier termination of the Term, at Its cost, (I) shall remove such of the Tenant's fixtures
(excluding Leasehold Improvements) and Tenant's personal property in the Premises as
the Lessor shall require, (II) shall restore the Premises to the Lessor's then current
Building standard (Including, without limitation the removal and disposal of any and all
hazardous or toxic substances and containers therefor In accordance . with all
applicable laws and the requirements of all Authorities) to the extent required by the
Lessor and (111) shall otherwise peaceably surrender and deliver up vacant Possession
of the Premises to the Lessor, The Tenant, at its cost, shall repair any damage caused
to the Building or any part thereof by such removal or restoration. If the Tenant does
not remove its fixtures and personal property at the expiry or earlier termination of the
Term, then, at the option of the Lessor and without prejudice to any other rights or
remedies available to the Lessor, the fixtures and personal property shall become the
18=11
Attachment "A"
absolute property of the Lessor without payment of any compensation therefore to the
Tenant and, without notice to the Tenant, may be removed from the Premises and sold
or disposed of by the Lessor in such manner as it deems advisable, all without any
liability whatsoever to the Tenant. If the Tenant fails to repair any such damage or
complete any work, removal, disposal or restoration referred to in this Section by the
expiry or earlier termination of the Term, the Tenant shall be responsible for, and shall
Indemnify and save harmless the Lessor from and against, all expenses, losses and
damages caused by such failure, including, without limitation, the damages suffered by
the Lessor for loss of use of the Premises and the cost of removing and selling or
disposing of such fixtures and personal property and restoring the Premises to the
Lessor's then .current Building standard, The Lessor's rights and the Tenant's
obligations under this Section shall survive the expiration or earlier termination of the
Term,
REMODEll11Na IT IS AGREED between the Parties hereto that in the vent of a sale of the said premises
ANDSALE or If the said premises be expropriated or condemned by any Department of the Federal,
Provincial or Municipal Governments then the Lessor shall have the right notwithstanding
anything herein contained to terminate this lease upon giving three months' notice in
writing to the Lessee of his intention so to do or by paying the said Lessee a bonus of
three months' rent, in which latter event, the Lessee undertakes to vacate the said
premises at the expiration of thirty (30) days from the delivery of such notice,
IN$TAU TIO THE Lessee agrees to a the cost of an Installations, additions or alterations to the said
INSTnunnaNS 9 pay y
premises that the Lessor may be required to make by any Municipal, Provincial or other
governing authority, or requested by any private protective system used by the Lessee, for
the security and protection of the Lessee and his employees and his or their effects
Including but not so as to limit the foregoing installations, additions and alterations for fire
and theft protection and all such installations, additions, or alterations shall forthwith
become the property of the Lessor.
DISTRESS AND the Lessee further covenants, promises and agrees with the Lessor that
notwithstanding any present or future Act of the•Legislalure of the Province of Ontario,
none of the goods or chattels of the Lessee at any time during the continuance of the term
hereby created on the said demised premises shall be exempt from levy by distress for
rent in arrears by the Lessee as provided for by the said Section of said Act, and that upon
any claim being made for such exemption by the Lessee or on distress being made by the
Lessor, this covenant and agreement may be pleaded as an estoppel against the Lessee
In any action brought to test the right to the levying upon any such goods as are named
exempted in the said Section, the Lessee waiving as he hereby does all and every benefit
that could or might have accrued to him under and by virtue of the said section of the said
act but for the above covenant.
The Lessor Covenants with the Lessee for quiet enjoyment.
The Lessor further covenants with the Lessee as follows;
RATFR ' (a) To pay water rates for the normal supply of cold water to the said premises.
ACCESS (b) To give the Lessee, his agents, clerks, servants and all persons transacting
business with the Lessee, In common with other persons, the right to enter the demised
premises by means of the main entrance on and free use of the Beech Avenue passages
from the street to the said premises at all reasonable times, subject to rules and
regulations In regard to the said building as may be passed from time to time.
PROVISO for re-entry by the said Lessor on non - payment of rent or non - performance of
covenants.
TAXES The Lessee covenants and agrees to pay all taxes, municipal, parliamentary or otherwise,
assessed against the demised premises of the Lessor or Lessee, on account thereof
including any business taxes and taxes on personal property or Income of the Lessee,
License fees, or other taxes imposed upon the property, business or income of the
Lessee.
VOIDANCE OF IT IS FURTHER DECLARED AND AGREED that in case the,said premises or any part
LEASEVACANT thereof be used by any other person or persons, or for any other purpose than as above
OR IMPROPER provided, without the written consent of the Lessor, this lease shall, at the option of the
USE Lessor, cease and be Vold, and the term hereby created expire and be at an end, anything
hereinbefore to the contrary notwithstanding and the proportionate part of the current rent
shall thereupon become Immediately due and payable, and the Lessor may re -enter and
take possession of the premises as though the Lessee or other occupant or occupants of
said premises were holding over after the expiration of the term; or in such case instead of
determining this lease as aforesaid and re- entering upon the demised premises, the
Lessor may take possession of the demised premises, or any part or parts thereof, and let
and manage the same and grant any lease or leases thereof upon such terms as to the
Attachment "A"
18 -12
Lessor or Its assigns may appear to be reasonabie,•and demand, collect, receive and
dlstrain for all rental which shall become payable in respect thereof, and apply the said
rentals after deducting all expenses incurred in connection with the demised premises
and in the collection of the said rent Including reasonable commission for the collection
thereof and the management of the demised premises, upon the rent hereby reserved
and the Lessor and its assigns and every such agent acting as aforesaid from time to
time, shall In so acting be the agents of the Lessee, who alone shall be responsible for
their acts, and the Lessor and its assigns shall not be accountable for any moneys
except those actually received, notwithstanding any act, neglect, omission or default or
any such agent acting as aforesaid.
AND IS FURTHER DECLARED AND AGREED THAT the Lessor shall not be
liable for any damage to any property at any time upon the demised premises arising
from gas, steam, water, rain or snow, which may leak Into, Issue or flow from any part of
the said lands or from the gas, water, steam or drainage pipes or plumbing works of the
same or from any other place or quarter or for any damage caused by or attributable to
the condition or arrangement of any electric or other wires in the sold building, or on or
around the said lands.
The Lessee shall be liable for any damage done by reason of water being left
running from the taps in the demised premises or from gas permitted to escape therein.
RISKS OF AND'the Lessor shall not be responsible for any personal injury which shall be
INJURY sustained by the Lessee or any employee, customer or other person who may be upon
the demised premises or in the said bullding or the entrances or appurtenances thereto.
All risks of any such Injury being assumed by the Lessee, who shall hold the Lessor
harmless and Indemnifled therefrom.
NOTICE OF THE Lessee shall give the Lessor prompt written notice of any accident or other
ACCIDENT defect in the sprinkler system, water pipes, gas pipes or heating apparatus, telephone,
electric or other wires on any part of the premises,. or on or around the said lands.
INSURANCE THE Lessee covenants with the said Lessor that his said business to be so
carried on In the said building will not be of such a mature as to Increase the insurance
risk on the said premises or cause the Lessor to pay an Increased rate of Insurance
premiums on the said premises by reason thereof and it is distinctly understood that In
case said business so carried on by the Lessee is or becomes of such a nature to
Increase the insurance risk or causes the Lessor and/or other occupants of the said
building to pay an Increased rate of Insurance premiums, that the Lessee will from time
to time pay to the Lessor the Increased amount of Insurance premiums which the said
Lessor and other occupants of the said building have to pay In consequence thereof,
provided that the Lessee covenants that he will not carry on or permit to be carried on
any business in the said building which may make vold or voidable any Insurance held
by the Lessor or the other occupants of the said building.
BUSINESS NOT PROVIDED that the Lessee will not do or permit anything to be done on the said
TOeEA premises or permit or keep anything therein which may be annoying to the Lessor or
NUISANCE other occupants of the said building or which the said Lessor may deem to be a
nuisahce and that no machinery shall be used therein which shall cause any undue
vibration In or to the said premises and that In case of the Lessor or any other occupants
of the said building reasonably complaining that any machinery or operation or process
Is a nuisance to It or them or which causes any undue vibration or nolse in the said
premises, that upon receiving notice thereof, the said Lessee will immediately abate
such nuisance. The said Lessee covenants not to obstruct or interfere with the rights of
the Lessor or other occupants of the said building or in any way injure or annoy them or
conflict with any of the rule and regulations of the Board of Heath or with any statue or
municipal by -law.
SIGN AND ITS HEREBY FURTHER AGREED by and between the said Lessor and the
said Lessee that no sign, advertisement or notice shall be Inscribed, painted or affixed
by the said Lessee on any part of the outside or Inside of the building whatever. Unless
of such manner, color, size and style and in such places upon or in said buildings as
shall be first designated by the Lessor, and, furthermore, ther Lessee, on ceasing to be
Lessee of the demised premises, will, before removing his goods and fixtures from the
said premises, cause any sign as aforesaid to be removed or obliterated at his own
expense and In the workmanlike manner to the satisfaction of the Lessor,
WATER THE Lessor agrees to pay for normal water consumed on the said premises but
In the event of any abnormal consumption of water either by reason of the character of
the business carried on by the Lessee or by the use of mechanical or other contrivances
the Lessee consents to the installation of a water meter at his own expense, if
necessary, and further agrees to pay for the excess water consumed on the said
premises.
18 -13
Attachment "A"
FIRE PROVIDED that If during the term herein or any renewal thereof the premises
shall be destroyed or damaged by fire or the elements then the following provisions shall
apply:
(a) If the demised premises shall be so badly Injured as to be unfit for occupancy,
and as to be Incapable of being repaired with reasonable diligence within one hundred
and twenty days if the happening of such injury, then the term hereby granted shall
cease and be at an end to all Intents and purposes from the date of such damage or
destruction, and the Lessee shall immediately surrender the same, and yield up
possession of the demised premises to the Lessor, and the rent from the time of such
surrender shall be apportioned;
(b) If the demised premises shall be capable, with reasonable diligence, of being
repaired and rendered fit for occupancy within one hundred and twenty days from the
happening of such Injury as aforesaid, but If the damage Is such as to render the
demised premises wholly unfit for occupancy, then the rent hereby reserved shall not
run or accrue after such Injury, or while the process of repair Is going on, and the Lessor
shall repair the same with all reasonable speed, and the rent shall recommence
Immediately after such repairs shall be completed,
(c) if the demised premises shall be repaired within one hundred and twenty days as
aforesaid, and if the damage is such that the said premises are capable of being
partially used, then until such damage shall have been repaired, the rent shall abate in
the proportion that the part of the demised premises rendered unfit for occupancy bears
to the whole of the demised premises,
No THERE shall be no abatement from or reduction of the rent due hereunder, nor
AaATrMEWOF shall the Lessee be entitled to damages, losses, costs or disbursements from the
RENT Lessor during the tern hereby created on, caused by or on account of fire (except as
above), water sprinkler systems, partial or temporary failure of stoppage of heat, light,
elevator, live steam or plumbing service in or to the said promises of building, whether
due to acts of God, strikes, accidents, the making of alterations, repairs, renewals,
Improvements, structural changes to the said premises or buildings or the equipment or
systems supplying the said services, or from any cause whatsoever; provided that the
said failure or stoppage be remedied within a reasonable time,
aIoHTTO THAT the Lessee will permit the Lessor to exhibit the demised premises during
SRS sES the last three months of the term to any prospective tenant and will permit all persons
having written authority therefor to view the said premises at all reasonable hours,
Nonces THAT any notice which either of the parties is required or permitted to give
pursuant to any provision of this lease may, If Intended for the Lessee, be given by a
writing mailed by registered mall addressed to the Lessee 21 Beech Avenue,
Bowmanville and If Intended for the Lessor by a writing left at the premises of the Lessor
at 26 Beech Avenue, Bowmanviile,
6
Or mailed by registered mall addressed to the Lessor at the Lessor's said premises, and
such notice shall be deemed to have been given at the time It was delivered or mailed,
as the case maybe,
OVERHOLDiNO PROVIDED further and it Is hereby agreed that should the Lessee hold over
after the expiration of this lease and the Lessors thereafter accept rent for the said
premises, the Lessee shall hold the said premises as a monthly tenant only of the
Lessors but subject in all other respects to the terms and conditions of this lease.
The words importing the singular number only shall Include the plural, and vice
versa, and words Importing the masculine gender shall Include the feminine gender, and
words importing persons shall include firms and corporations and vice versa.
Unless the context otherwise required the word "Lessor" and the word "Lessee"
wherever used herein shall be construed to In Include and shall mean the executors,
administrators, successors and /or assigns of the said Lessor and Lessee, respectively,
and when there are two or more Lessees bound by the same covenants herein
contained, their obligations shall be joint and several,
Attachment "A"
18 -14
This lease may be terminated by either party on one years written notice to the other
IN WITNESS WHEREOF the parties hereto have executed these presents.
SIGNED, SEALED and DELIVERED (THE CORPORATION OF THE
(MUNICIPALITY OF CLARINGTON
(
(Mayor
(
(
(
(Clerk
(
(
(
(The BowmanAle Tennis Club
18 -15
Attachment "A"
SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THE WITHIN LEASH
1. The sidewalks, entrances, elevators, stairways and corridors of the building shall not be
obstructed by any tenants or used by them for any other purpose than for ingress and
egress and no tenant shall place or allow to be placed In the hallways, corridors or
stairways any waste paper, dust, garbage, refuse or any thing whatever that shall tend to
make them appear unclean, untidy or filthy.
2. The floors, sky - lights and windows that reflect or admit light into the passageways or Into
any place In the said building shall not be covered or obstructed by any of the tenant$,
and no awnings shall be put over any window: the water closets and other water
apparatus shall not be used for any purpose other than those for which they were
constructed, and no sweepings, rubbish, rags, ashes or other substance shall be thrown
therein, and any damage resulting to them from misuse shall be bome by the tenant by
whom or by whose employee the damage was caused.
3. All window signs, Interior signs and signs on glass doors must be approved In writing by
the Lessor before the Lease engages a sign contractor to paint said signs, and all such
signs shall be painted In the form previously so approved by the Lessor.
4. If any sign, advertisement or notice shall be Inscribed, painted or affixed by the Lessee on
- or to any part of the said building whatever, then the Lessor shall be at liberty to enter on
said premises and pull down and take away any such sign, advertisement or notice, and
the expense thereof shall be payable by the Lessee.
5. If by reason of any alterations which the Lessee may make or may permit to be made,
with or without the consent of the Lessor, to any part of the domised premises or to any
fixtures In the demised premises, the addition of any equipment or the use of any material
which the Lessee, Its employees or other persons permitted by the Lessee to be on the
promises may use or keep In the said premises, or any change In the type of occupancy
of the demised premises which the Lessee may make or permit to be made, there Is any
Increase In the Insurance premiums payable by the Lessor on any fire Insurance which
may be In effect or which the Lessor may hereafter place upon the building of which the
demised promises form a part, the Lessee agrees to pay to the Lessor the amount of
such Increase, and the parties agree that a statement by the Insurance broker of the
Lessor of the amount of such Increase shall be Mal and binding upon the parties,
8. No safes, machinery, equipment, heavy merchandise or anything liable to Injure or
destroy any part of the building shalt be taken Into it without the consent of the Lessor In
writing, and the Lessor shall In all cases retain the power to limit the weight, and Indicate
the place where such safe or the like Is to stand, and the cost of repairing any and all
damage done to the building by taking in or putting out such safe or the like or during the
time it Is In or on the premises, shall be paid for on demand by the tenant who so causes
It. No tenant shall load any floor beyond Its reasonable weight carrying capacity as set
forth in the municipal or other codes applicable to the building.
7. In order that the demised premises may be kept in a good state of preservation and
cleanliness, the tenant shall during the continuance of Its lease permit the Janitor or
caretaker of the Lessor to take charge of and clean the demised premises, in default of
the tenant doing so.
8. The Lessor shall have the right to enter the demised premises at reasonable hours In the
day to examine the same or to make such repairs and alterations as It shall deem
necessary for the safety and preservation of the premises, and also during the three
months previous to the expiration of the lease of the demised premises, to exhibit the said
premises to be let and put upon them Its usual notice `For Rent', which said notice shall
not be removed by any tenanj.
9. Nothing shall be thrown by the tenants, their clerks or servants out of the windows or
doors or down the passages and sky- Ilghts of the building.
10. No animals shall be kept In or about the premises.
11. if the Lessee desires telegraph or telephone, call bell or other private signal connections,
the Lessor reserves the right to direct the electricians or other workmen as to where and
how the wires are to be introduced, and without such directions no boring or cutting for
wires shall take place. No olherwlres of any kind shall be Introduced without the written
consent of the Lessor.
12. No one shall use the leased premises for sleeping apartments or residential purposes,
13. Tenants and their employees shall not make or commit any improper nolse In the
building, or in any way Interfere with or annoy any tenants or those having business with
them.
Attachment "A"
18 -16
14, All tenants must observe strict care not to allow their windows to remain open as so as to
admit rain or snow, or so as to Interfere with the healing of the building. The tenants
neglecting this rule will be responsible for any Injury caused to the property of other
tenants or to the properly of the Lessor by such carelessness, The Lessee, when dosing
offices for business, day or evening, shall close all windows and lock all doors,
16, The Lessee agrees not to place any additional locks upon any doors of the demised
premises and not to permit any duplicate keys to be made therefore: but to use only
additional keys obtained from the Lessor, at the expense of the Lessee, and to surrender
to Lessor on the termination of the lease all keys of the said premises,
18, The Lessee shall give to the Lessor prompt written notice of any accident or any defect in
the water pipes, gas pipes, heating apparatus, telephone or electric light, or other wires in
any part of the said building.
17. No inflammable oils or other Inflammable, dangerous or explosive materials shall be kept
or permitted to be kept in the demised premises,
18. The caretaker will have charge of all radiators and will give all Information for the
management of the same, and the Lessee shall give to the Lessor prompt written notice
of any acoldenl to or defects In the water pipes or heating apparatus.
19, No bicycles or other vehicles shall be brought within the building.
20. Nothing shall be placed an the outside ofwindows or projections of the demised
premises, No air- conditioning equipment shall be placed at the windows of the demised
premises without the consent In writing of the Lessor,
21, Spikes, hooks, nails, screws or knobs shall not be put Into the walls or woodwork of the
building.
22, The Lessor shall not be liable for any damage to any property at any time on the demised
premises, nor for the theft of any of the said property, nor shall It be liable for an escape
or leakage of smoke, gas, water, rain or snow, howsoever caused, nor for any accident to
the property of the Lessee,
23. Any person entering upon the roof of the building does so at his own risk.
24, The Lessor reserves the right to restrict the use of the demised premises to the Lessee
and /or Its employees after 11 p.m.
26. No tenant shall be permitted to do cooking or to operate cooking apparatus except In a
portion of the building rented for the purpose.
26. The Lessor shall have the right to make such other and further reasonable rules and
regulations and to alter, amend or cancel all rules and regulations as in its judgment may
from time to time be needed for the safety, care and cleanliness of the building and for the
preservation of good order therein and the same shall be kept and observed by the
tenants, their clerks and servants, The Lessor may from time to time waive any of the
such rules and regulations as applied to particular tenants and It is not liable to the
Lessee for breaches thereof by other tenants,
i
Attachment "A"
Leading the Way
Meeting: COUNCIL
Date: . MONDAY, DECEMBER 10, 2001
Attachment T"
FINANCE DEPARTMENT
Resolution MCI—
WO
Report #: ADDENDUM TO FND- 011 -01 File #: By -law # —r -2 7
Subject: ESTABLISHMENT OF CLARINGTON BEECH CENTRE BOARD
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Addendum to Report FND- 011 -01 be received;
2. THAT Recommendation 7 of Report FND - 011 -01 be renumbered as Recommendation 8
and new Recommendation 7 be added as follows:
"7. THAT notwithstanding the provisions of By -law No. 94 -129, Council approve an
Agreement between the Municipality and Clarington Older Adult Association
regarding the provision of'certain management and custodial services
substantially in the form of the draft Agreement contained in Attachment 1 to the
Addendum to Report FND - 011 -01 and pass a By -Law to authorize the Mayor and
Clerk to execute the Agreement on behalf of the Municipality."
8. THAT copies of Addendum to Report FND - 011 -01 be sent to:
• Clarington Older Adult Association;
• The Lions Club of Bowmanville;
• The Bowmanville Tennis Club; and
• Durham Region. Community Care Association.
Submitted by: ! ,y f _ Reviewed b •_]-.
ncy Taylor . , C.A. Franklin Wu
Director of Finance Chief Administrative Officer
N MTlhj I
REPORT NO.: FND- 011 -01
1.0 DISCUSSION
Attachment "S"
1.1 Section 5.3 of Report FND - 011 -01 refers to a contract for management services to be
provided by the Clarington Older Adult Association respecting the Clarington beech
Centre. A draft contract is contained in Attachment No. 1 to this Addendum. It is
recommended that it be approved by Council and that the necessary authorizing By -Law
be passed.
Attachment:
Attachment #1- Draft Contract for Management Services
omm
REPORT NO.; FND- 011 -01
Interested parties to be advised of Council's decision;
Clarington Older Adult Association
26 Beech Avenue
Bowmanville, Ontario
L1 C 3A2
The Lions Club of Bowmanville
C/o 26 Beech Avenue
Bowmanville, Ontario
L 1 C 3A2
Durham Region Community Care Association
C/o 26 Beech Avenue
Bowmanville; Ontario
L1 C 3A2
The Bowmanville Tennis Club
C/o 26 Beech Avenue
Bowmanville, Ontario
L1 C 3A2
Attachment "b"
PACE 3
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (906)623 -3379 F (905)623 -0608
18 -20-
Attachment T"
Attachment #1
Draft #1
Wednesday, December 05, 2001
THIS COORDINATION AND CUSTODIAL SERVICES AGREEMENT made as of
this 10`'' day of December 2001.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON .
(hereinafter called the "Municipality ")
OF THE FIRST PART
CLARINGTON OLDER ADULT ASSOCIATION
(hereinafter called the "Association ")
WHEREAS:
OF THE SECOND PART
A. The Association has agreed to provide coordination services respecting the maintenance
and operation of the "Clarington Beech Centre" (as defined in the Memorandum of
Understanding between the Municipality and the Association also dated December 10, 2001
( "Memorandum of Understanding ") including the lands described in Schedule "A" of the
Memorandum of Understanding and to perform certain custodial and responsibilities. The
coordination of services and custodial responsibilities are described below in this Agreement.
B. * - The Municipality has agreed to pay the Association the sum of Twelve Thousand
($12,000.00) Dollars per annum for the term of this Agreement for the performance of the
services referred to in Recital "A ".
C. This Agreement is made in order to implement section 5.3 of Report FND- 011 -01 as
amended by Addendum to Report FND- 011 -01, as approved by the Council of the Municipality
at its meeting on December 10. 2001.
18 -21
Attachment "B"
2
D. The execution of this Agreement on behalf of the Municipality by the Mayor and
Municipal Clerk is authorized by By -law No. 2001 - passed by the Council of the
Municipality on December 10, 2001,
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the parties is hereby acknowledged) covenant and agree as follows:
I. For the term of this Agreement, the Association will provide to the Municipality and to
the " Clarington Beech Centre" (as defined in the Memorandum of Understanding)
services for the competent coordination reasonably required for the maintenance and
operation of the Clarington Beech Centre including the lands described in Schedule "A"
of the Memorandum of Understanding. Without limiting the generality of the foregoing,
the operation of the Clarington Beech Centre shall include the provision by the
Association of reasonably necessary custodial duties to keep it and any property of any
kind which is within it from time to time, secure.
2. Commencing on January 1, 2002 and thereafter on the anniversary of that date during the
term of this Agreement, the Municipality shall pay to the Association the sum of Twelve
Thousand ($12,000.00) Dollars per annum as a fee for the performance by the
Association of the services referred to in paragraph 1, provided that if the term of this
Agreement expires during a calendar year, the amount of the fee payable for the portion
of the calendar year which expires on the date of termination of the term shall be the
amount produced by dividing Twelve Thousand ($12,000.00) Dollars by the number of
days in that calendar year from and including January 1St of that year to and including the
date of the expiry of the term of this Agreement. The amount of any overpayment by the
Municipality to the Association shall be repaid to the Municipality as a debt, forthwith
after the Municipality gives the Association written notice requiring the Association to
repay the amount of the overpayment.
3. In performing the.coordination services referred to in paragraph 1, the Association will
make available a reasonable portion of the working time of its Executive Director, or in
the absence of the Executive Director, another person who is either employed by or
contracted to the Association and is competent and qualified to provide the required
coordination services at a reasonable level of performance. Additionally, the Association
will provide a suitable person who shall be either an employee or a member of the
Association to perform the custodial duties referred to in paragraph 1 of this Agreement.
In no event shall any person whose services are provided by the Association pursuant to
this Agreement be or be represented by the Association or by any person acting with the
authority of the Association, to be either a full -time or a part -time employee either of the
Municipality or of the Clarington Beech Centre Board,
4. The term of this Agreement shall expire on the earlier to occur of the date of termination
of the Sub -lease and Licence dated October 1, 1998 of certain portions of the Clarington
Beech Centre to the Bowrnanville Lions Club and the date of termination of the Sub -lease
- 18 -22
3
and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to
the Durham Region Community Care Association,
5. This Agreement shall be binding upon the Association, its successors, assigns and
members and the Municipality, its successors and assigns. However, while this
Agreement shall enure to the benefit of the Municipality, its successors and assigns, it
shall enure only to the benefit of the Association and not to the benefit of the
Association's successors and assigns.
6, Time shall be of the essence of this in all respects and in every part of it.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seats the
day and year first above written and the parties hereto have hereunto affixed their corporate seals
by the hands of their proper officers duly authorized in that behalf.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
John Mutton, Mayor
Patti L. Barrie, Municipal Cleric
CLARINGTON OLDER ADULT
ASSOCIATION
Per:
Name:
Title:
Per:
Name:
Title:
18 -23
Attachment "B"
UNFINISHED BUSINESS
Report EGD- 013 -12
The following item was tabled at the March 19, 2012 General Purpose and
Administration Committee Meeting:
WHISTLE CESSATION - FEASIBILITY
Resolution #GPA- 204 -12
Moved by Councillor Woo, seconded by Councillor Partner
THAT Report EGD- 013 -12 be tabled until the General Purpose and Administration
Committee of April 2, 2012.
CARRIED
J
18 -24
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 19, 2012 Resolution #: G'f'-57fi-o�0y'12 By -law#:
Report#: EGD- 013 -12 File #:
Subject: WHISTLE CESSATION — FEASIBILITY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD- 013 -12 be received;
2. THAT in the interest of public safety, and liability concerns, the Municipality not
proceed with an anti - whistling by -law; and
3. THAT a copy of this report and Council's decision be forwarded to the interested
parties listed in report EGD- 013 -12.
Submitted by
ASC /IbAb
l 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
18 -25
.s a ki com e i
1. BACKGROUND
On January 16, 2012 Council approved the following resolution with respect to our
report EGD- 001 -12:
THAT Staff report to Council with the detailed information regarding
the cost and feasibility of potentially implementing whistle cessation
at all urban area crossings, including but not limited to Meares
avenue, Lambs Road, Cobbledick Road and Bennett Road
crossings, and
THAT staff describe the steps that would need to be taken to
implement said cessations.
While our whistle cessation report, EGD- 001 -12, outlined the technical process
that municipalities must observe in order to implement an anti - whistling by -law
(see page 4, item 4 Whistle Cessation), what Council needed was a very clear
sense of the specific steps that Clarington would need to take, before further
consideration can be given. To further support Council in the decision making
process, staff attempted not only to detail the facts but also to understand what the
implications might be if we were to consider moving forward.
This report will discuss feasibility and implementation as well as clarify the unique
features of rail within Clarington. We will present the information and
recommendations we were able to obtain through consultation with the railways;
and provide a broad overview of potential costs and upgrades that would be
required to protect public safety. And to conclude we will once again put forward
our own recommendation that while whistling can no doubt be considered an
intrusion by some there are many who support the notion that whistling may in fact
save lives.
In consideration of the resolution staff reviewed the Canadian Pacific (CP) and the
Canadian National (CN) rail lines passing through the urban areas of Courtice,
Bowmanville and Newcastle Village, including the Mearns Avenue, Lambs Road,
Cobbledick Road and Bennett Road crossings. Staff determined that the study
area limits should commence in the east, near Stephenson Road, at mileage
155.66 C.P. Rail — Belleville Subdivision Line and C.N. Rail at mileage 284.30 —
Kingston Subdivision line, westerly to the western Clarington Boundary (Oshawa).
In this study area there are twenty (20) level crossings within Clarington, thirteen
(13) are on the CP line and seven are on the CN line (refer to attachment #1).
Train operating speeds on the CN line are 60 mph for freight trains and 100 mph
for passenger trains. On the CP line throughout Clarington the operating speeds
are approximately 60 mph.
Train whistles are regulated by Transport Canada under the Railway Safety Act,
the Railway Locomotive Inspection and Safety Rules. Under these rules, Section
11 (a), a train whistle must be, "(a) a horn capable of producing a minimum sound
level of 96 decibels at any location on an arc of 30 meters (100 feet) radius
subtended forward of the locomotive by angles 45 degrees to the left and to the
right of the centerline of the track in the direction of travel'. While we are not
experts in train safety we have tremendous respect for the science, research,
experience and testing.that must have informed this precise definition of safety
which is mandated by those who are.
When we look at the distance and radius that a train whistle is specifically
designed to cover the need to assess an entire study area becomes clear,
particularly in locations where one level crossing is in close proximity to others
(see attachment #1). If we were to eliminate whistling at one specific crossing
with the intent to minimize disruption within a defined area we would need to be
sure that whistles at nearby crossings do not radiate into the intended area,
negating the desired effect.
18 -27
3. CONSULTATION WITH THE RAILWAYS
Staff met separately with representatives from both railways and each made clear
the fact that while they could not openly oppose an anti - whistling by -law, neither
would they actively support it. Both railways made clear the fact that in order to
implement whistle cessation a by -law would need to be passed by the municipality
instructing the railway to deviate from their normal operational practice.
The representative from the Canadian National Railway stated, "While CN strives
to assist municipalities in safely implementing whistle cessation, we only wish to
do so in the safest locations. The Kingston subdivision line is a high speed line,
with large volume for all rail traffic, which increases the risk factors associated with
whistle cessation ". The railway has also explained that whistling consistency
tends to minimize risk because a scattered, "whistling here, no whistling there ",
may complicate things.
Issues of trespass were also discussed and a review of CP Police records has
shown that since October, 2009 there were nineteen reported cases of trespass
within Clarington. Of these nineteen cases, fourteen were in the area of the
Scugog Street crossing, and tragically, one included a pedestrian fatality.
Pedestrian fatalities involving trains, is unfortunately a growing concern,
particularly amongst young, adolescent males. This risk rises in urban areas,
during the school year near crossings that are in relative proximity to schools.
4. AN OVERVIEW OF COSTS
4.1. CESSATION STUDY AND LEVEL CROSSING IMPROVEMENT COSTS
As has been made clear, in order for whistle cessation to be considered, the
municipality must follow the requirements outlined by Transport Canada, which
includes the need for a detailed safety assessment of each crossing and the
recommended upgrades which would be required. In Clarington's case a
cessation study which looks at each of our twenty (20) level crossings, would carry
REPORT NO.: EGD- 013 -12
a price tag of $4,000 to $5,000 per crossing, with the total cost expected to be
approximately $80,000 to $100,000 for the cessation study alone.
The improvements that would need to be undertaken would be based on the
number of tracks at each level crossing, operating speeds of the trains, horizontal
track geometry and the protection from conflicts with vehicular and pedestrian
traffic. Electric gates with flashing lights and bells will be necessary in many
locations, the installation of fencing to prevent trespass will be needed, sight line
improvements may be required and even barriers to prevent pedestrian /train
conflicts may be appropriate when considering a whistle cessation by -law. On the
subject of fencing it should be noted that in order to deal with the significant issue
that trespass presents, fencing is an essential feature that implies significant cost
even though it is difficult to determine the extent of fencing necessary at this point.
The specific and detailed costs for the necessary improvements will be determined
through the cessation study but for conceptual purposes we have identified the
preliminary costs as being significant and would of course need to be funded
entirely through the tax levy.
4.2. OPERATING COSTS AND ANNUAL CAPITAL COSTS IMPLICATIONS
In addition to the costs associated with upgrading our Operations Department
would be required to inspect both the crossings and all fencing existing and
required fencing on an ongoing basis. In our discussions with the railways we
were cautioned that in areas where trespass is an issue they have observed a high
level of vandalism by those who use the tracks as a short cut. Our Operations
Department have experienced ongoing maintenance costs for repairs to existing
railway fencing under the Municipality's ownership. Dependent on the extent of
fencing necessary to address any trespass issues prior to the passing of an anti -
whistling, annual maintenance costs could increase significantly.
18 -29
REPORT NO.: EGD- 013 -12
Of particular concern is the fact that the use of short cuts is particularly common
the closer you get to schools. Naturally then, it will be no surprise to suggest that
in these situations those who may be most at risk are students and younger
people. It should not be surprising then to understand that fence maintenance to
discourage trespass will be an ongoing, onerous and costly endeavor.
CN stated that whistles would be restored if fencing was not maintained. CP said
that whistle cessation "makes the crossings less safe ".
4.3. COSTS OF ADDITIONAL INSURANCE COVERAGE
The municipality will be required to enter into a liability agreement with the railway
and obtain additional liability insurance 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
affected crossings. The estimated cost of additional insurance coverage would be
in the order of approximately $400 per crossing, per year.
5. IMPLEMENTATION OF WHISTLE CESSATION
Should the Municipality wish to pursue whistle cessation the following steps are
necessary:
1. Contact the pertinent railways
2. Notify the public and all relevant organizations of our intent to forbid whistling
in the municipality.
3. Arrange for a detailed whistle cessation study of each crossing at the
crossing and recommend upgrades which would meet all relevant
requirements.
4. Conduct a Public Information Centre.
5. Pass a resolution of our intent to pass a by -law forbidding the use of whistles
at certain crossings.
6. Implement the required upgrades to meet the guidelines.
18 -30
REPORT NO.: EGD- 013 -12
7. Enter into an agreement with each railway with respect to the roles and
responsibilities under Section 11 of the Railway Safety Act.
8. Enter into a liability agreement with the railway and obtain additional liability
insurance 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.
9. Where an agreement has been reached between the railway and the
municipality and all required improvements made, the parties may request a
Transport Canada railway safety inspection, after which the municipality can
make sure the public is aware of the intended changes through a public
education campaign, after which they can pass a motion to prohibit whistling.
It is anticipated that this process may take as much as three years to complete.
6. CONCURRENCE — Nancy Taylor, Director of Finance; Fred Horvath, Director of
Operations.
7. CONCLUSION
The issue of train whistling in urban areas has and always will be a quality of life
issue for some in adjacent neighborhoods, while many simply become
accustomed to their presence. Looking at quality of life issues is an important part
of the work we do and so it is on rare occasion that we might look at other issues
as having more importance. Public safety is most certainly one.
Staff have looked in detail at this very complex issue and the deeper we go in our
review; the more convinced we are that the risks need to be appraised. Trespass
continues to be a significant issue particularly because those at risk are, more
often than not, likely to be younger pedestrians, particularly in areas closer to
schools.
18 -31
We have explained that in passing a whistle cessation by -law, we are in effect,
asking the railway to suspend usual operational practice. If we were in fact to do
this we would be required to give serious thought to the complexity of the liability
the municipality would be likely to assume.
If we were to proceed, a comprehensive whistle cessation study would need to be
conducted in the study area, looking at each of the twenty (20) level crossings in
Clarington. The cost of this study is currently expected to cost approximately
$80,000 to $100,000 for the safety assessment alone. The cost for making any of
the recommended improvements suggested by the study would need to be borne
by the Municipality and the cost implications of these improvements, while
significant, would be in addition to the ongoing costs of fencing, maintenance and
increased liability insurance.
It is therefore our continued position that the municipality not pursue anti - whistling
on either the CN or CP rail lines within Clarington because of the potential risk to
public safety.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Leslie J. Benson, Manager, Transportation and Design
Attachments:
Attachment 1 - Key Map
List of interested parties to be advised of Council's decision:
Anne Black
18 -32
LIMITS
TYPE OF CROSSING
Closed /Blocked
Grade Separation
Level crossing with lights and gates
Level crossing with lights
Level crossing with no automatic protection
RAILWAY SUBDIVISON LINES
C.P. Rail - Belleville Subdivision Line
co I co C.P. Rail - Havelock Subdivision Line
W C.N. Rail - Kingston Subdivision Line
293.80
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DRAWN BY: E.L. DATE: March 13, 2012
REPORT EGD- 013 -12
ATTACHMENT NO. I
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LIMITS
TYPE OF CROSSING
Closed /Blocked
Grade Separation
Level crossing with lights and gates
Level crossing with lights
Level crossing with no automatic protection
RAILWAY SUBDIVISON LINES
C.P. Rail - Belleville Subdivision Line
co I co C.P. Rail - Havelock Subdivision Line
W C.N. Rail - Kingston Subdivision Line
293.80
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DRAWN BY: E.L. DATE: March 13, 2012
REPORT EGD- 013 -12
ATTACHMENT NO. I
G:\Attachments \Railway Crossing Mileage.mxd
•
MEMO
Leading the Way
CLERK'S DEPARTMENT
To: Mayor Foster and Members of Council
From: Anne Greentree, Deputy Clerk
Date: March 30, 2012
Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA —APRIL 2, 2012 — UPDATE
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, April 2, 2012:
6. DELEGATIONS
See attached Final List. (Attachment#1)
Anne Greentree, 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 905-623-6506
Attachment #1 of Update Memo
FINAL LIST
OF DELEGATIONS
GPA Meeting: April 2, 2012
(a) Libby Racansky Regarding Comments on the Additional Information on
Racansky's Well by W. Manson and Hancock Neighbourhood Projects
(b) Caroline Willoughby Regarding Pot Bellied Pigs
(c) Michelle Speelman Viney Regarding Report EGD-013-12, Whistle Cessation
— Feasibility
(d) Anne Black Regarding Report EGD-013-12, Whistle Cessation — Feasibility
(e) Beth Meszaros and Donna Middleton, Clarington Citizens for Clean Water
and Soil, Regarding "Thanks and Future Considerations RE: Commercial Fill
Sites"
(f) Michelle Sugg Regarding Report EGD-013-12, Whistle Cessation —
Feasibility
(g) Leslie Dunn, Representative of the Wilmot Creek Community, Regarding
Report EGD-013-12, Whistle Cessation — Feasibility
(h) Bill Humber Regarding Report CSD-006-12, Clarington Older Adult
Association — Parking Concerns/Strategic Plan
HAN DOUTS /C I RCULATI ONS
Comments on the Additional info on Racansky's well
by W. Manson and Hancock Neighbourhood projects
(Councillors should request Conditions of Approval to protect public interest )
°
2 completely
Parkette
separate subdivisions -
L &-F shape
- - Approved by the OMB
` Park
�i
Provincially �}
Significant
wetland
SOW
fir• �� - i
is
These documents were given to us at the OMB:
.. „ .. Land Use for L & F & ThiA is SCha.UW W' to BY-low 99- 7 ,
passim oils—day W 1999 A_]
LW M Conditions A for F shape — - -
+ - Condition s B for L shape
[all
i Schedule L _-
"� - ' OMB Decision, pg. 10
With respect to the referral tc lhis Bard Of proposed draft plan of subdivision 18T-
92014 (OMB File No. S960055), the Board-approves draft plan of subdivision 18T-92014P
contained in Exhil}it 26 to the evidence before the Board, iubject to the con ons set out
LOT 27
to Schedule '"A"hereto. L CONCESSION 3
With respect 0 the referral Y Courtice Heights Developments to this Board of Y,.
proposed drat plan of subdivision 18T-94027 (OMB File plc, 8960058), the Board
approves the draf# ea of su�divisiorr BT-94027, contained in Exhibit it 7 to the � -A.7" 'W1-at'
1 L""[!WIlGE FR7Y-A.'70'R1�Y ®' Ci1!i .i1�11`[!'tC Fet
before the Board, set out try the conffons contained in SchedA V hereto, alp T:�:ice='F MW* MOWN'
®TM*a t FROM W+n•rx7ar-:v
Me
Latest Reports PD-106 & 7-98
Cond. A 25 — adjacent lands north of now
REPORT NO.:PD-707-98 PAGE 15
built subdivision will remain frozen due to
deemed necessary by the Director of public Works as indicated by the Hancock lack of defined time frame
Neighbourhood Plan Site Traffic Analysis. The timing and implementation of traffic
control measures shall be determined by the Director of Public Works.
• a temporary intersection configuration will e required at the intersection of Streets "A"
and'B"until such time as the lands w the north of this subdivision develop. Given the
lack of a defined time frame for the extension of Street'A'to the north,the temporary
intersection must be constructed to a full urban standard.
• the applicant will be required to make payments to the Municipality in the amounts stated Cond. 30 - Phasing will b e dependent on
in a front ending agreement between the Municipality and Macourtice Developments Inc.
The payment is required as a result of the over-sizing of storm sewers associated with external servicing and funding of the
Registered Plans 40AA-1675 and 40M-1693 which enable the development of these lands
to proceed. The applirant will also be required to purchase block 77 in Registered Plan external road
44M-1675 for tite construction of st0m7 water management works for the watershed or to
reimburse the Muaicipatity if it eCquires it under the current option agreement with
Macourtice Developments Inc
• the phasing of this plan of subdivi5ion will be dependent upon the Construction of the
storm water management works fear this watershed,eKtemal servicing and the construction
and funding of the external road improvements.
• the location of the future tfunk sanitary sewer servicing lartds situated north of the ....provision for Hancock Rd.
Hancock Neighbourhood must be finalized and the approved location must not adversely
impact upon the roads,pavks or parkettes located within the Hancock Neighbourhood.
• the applicant will be required to provide a water supply confrigency plan detailing the Cond. 46 — F shape cannot proceed until
manner in which water will be supplied to local residents in the event of an impact upon
the groundwater table during servicing. funding for Hancock Rd. will be available
• the applicant will be responsible to construct,or contribute toward,downstream erosion
protection works which, in the opinion of the Director of Public Works,are caused or
aggravated by this development,
• the development cannot proceed until such time w the Municipality has approved the �
expenditure of funds for
i) the provision of roads,street lighting and sidewalk improvements along Nash :and Hancock Roads, and -
ii) the construction of1heNeighbourhood Park. `
7.7 CLOG Comments ,
CLOG requested that prior to any omite grading,or-construction,or final approval of the plan
7
P N S3- g 5 .R 9
7.5 As of the Writing of this rdbp*rt eomm*nts remain
+ ugstandirtg fr— the following departments and a€jenCleS;
s Min rtry of Natural Res+ouress�
. R4� fon of ourham Planning Dupartnent; L shape sub was only within interim
Region of tvrham public Wary nepartment;
cLarinagton Community sorvicesp boundary — development should be
+ Central Lake Ontario Con ervatfQn 1iLutharlty7
• separate S hOdl Board; delayed ; are there funds for necessary
Cana4A Past c®rgoratian,; and
]Bdxz canada. provisions when there are no funds for
KNERTA. Hancock Rd?
9.1 Staff are ourre-AtlY lindergoihy A compreh*n%i.'e r*vi— of
the SUZRissiono on the Graft orficial plan. The Interim � Provision services was always one of
UrbAA Boundary is of particular lmpartan°d an its the condition for this development as
placement will determine the dirsetirn of growth wltafn
the next �!q tup xo y**zse the subjeCt lgrida were not you can see from Re from 1995 — there
incorporated within the Interim Urban Area boundArF in
the Draft orricial gXan. As the Official Plan is tMin9 were no funds for another 10 years
fir+$liaed, !�.itaff will bg reviewing the pro% and cons• of
that applicant's requast to plane. Vhe prDp*rty withim the
Interim Urbdn Aram. Development should not go ahead
• -ATh. 1942 Coon-r-ii-approved 2°w of "eww'tltae d$vel-apmvat Ch4rqes plulicY r- according to Report, Conditions on
OPOrt dams r'Ot identify the -Capital 19o€3.a
rdsquired to Service t.hi!$ area within its Xo year capital previous slides; and yet, developer was
wrark9 program.
--- allowed to built.
a
The afiiciall plan for- the former Town of Keucaaltle
raquirss that a ayseighbaunc�oed plan be prepared and
approved prior to the davelopment ❑f plans or
soppciiviaion. Au pravlausly disCussad, such b plan has
been prepared by the applicant_ However, tho plan has
- -f, -( i
Needless destruction of wetland just because the Condition 29 was
taken out of context, without considering Re PD -126 -96, pg 7 — non-
ry sequential development, or without Sernas study = Courtice Rd.
: sewerage will be separate, and without our Municipality knowledge
F „e aV t
that watermain was already extended via Courtice Rd. and the fact
that the development should not go ahead prior to expenditure for
Parkette , according to Cond. 45 a) that is not even in 2012 Budget
Cond. 29 is completely redundant
1 3 One 0 the owlid6oirils of drzA *1 t k,irillod Oy trka Munii-_�yr feyr 18T-940127
kdatillid#`
erect sesttlN6lyy 11mili cif Usis draft prate to the noitil Varner of draft pion 01
tlwWivisim i$T-02014 S[nW"A"must be construcied to t fug urben plro�'w► 10
alartrb at a Onk fir wet MIWMMS,SBndtatY SMWOM, MOM OWWOM.
uwYiles and dilil t pedeman Link to Om NeW*ourtwodl Park The rowkW road
exbonabn rnl M be dKkK d In the devek)porklivA agm em M and rr 0 Do
4.nn-iRr1d0od duFIng 1hd 14111111 i StAQ0 of davokNxTiant."
4ablo 3- En„indr llantat knpacl Ev.Icsni n Summary•Counlce North Noiglik—head Xu
F2 . EnvHOnmental Senalti.ity' R.—rnseded G—Ideretiona' aspect Mllitia lon
1 Unit'
o
, a E UnevenlEven Nigh •erpptian of ewe ere as,butler[ •the existing wgatlland black is retained intact as a 15.74 ha Green Space Block within the uh,,nate
i E3:. x- -aged /Even
and eerridms should be neighbourhood concept.
E3- x Maa'ec Mixed considered in the apria-I.1 ••rap direct impacts to the wrrodeG area are associated with Courtice Heights Oeveiopmen[s
_! Hardwoods development plans Su6divisian appiiaaiibn,
F3 l 1- IEcorli •groupings of mature trans •mitigation measures to protect e.istlog weodim edges Irom Future residential.�evalopment have
'31 l ! 19911 sfiatd be protected and 'keen provided and Include inttallatian at protective fencing IdeloWafler neWruetlonl,malallation of
L - _ incorporated into development si9nage,impldmeptildvo ul an oiWir6rwuental stewardship psagnam and enforcement of domestic pet
! plans bylaws and woodlat preservation objectives by the Municipality,
•mitigation m ategies oetkned In •the existing linkage ocat xQtion between ve"led block Ong 011-sita weeded la"Its to the Cast,north
/!Nash Road Section 4.2 regarding and west is mairda4hed.
iEfSrl992'Ewnplans hydrageeinaical,suHace water, linkages with ether wup7od areas retained within the ultimate nelghbaahood concept is provided
f veeetatmn ramouel and wcdlife through creation of a Green Spare Block in cpnlvncillan with the Intermitialit trlpvl ,
habitat impacts should be •negative+mpacts id W00411and hyOn011 are not anticipated films the proposed subdivision
_J- �- �- ZllOWed development Is gown gradient at the existing groundwater flow paltent. Mdigalicn strategies m
+alrorts is prdtoai the high deal with high water table tonal within the deveiopmpM envelope are pnwided by Golder
species diversity sheuid he Aasaciales 09961.
considered •mitigation strategies will be developed further at the dotbrOd design stage thidugh submission of ad
Envimnmen[ai Implementation Report IEIRI to be prepared in conjunction with site sarvicinglgrading
aM atdtmwater management plans.
F2 wet High •a detailed evaluation of the rare •no direct Impacts to the area are assmided with Caudill Heights Developments Subdivision ■
Meadow/Old plant species within this unit is appllcei'mn.
Feld recommended pilot to +mitigation measures to deal with high water table C"Iitiflns are provided by Golder Assoclaies
SuY:eeision considering development 11996}- Negalive Impacts to the moisture regime within the wet meadow dra not anticipated.
[FCap-lens. grope&913 •a representative and"manageable•portion of Wet meeduw halatat Including viable papularrdns at
19911 •midpatian strategies outlined in rare Species previously rer:arA9d within the area;is retained in the ultimate nerghbowhood concept in
Section 4.2 should be followed aesecimenn with the main wooded black lie.Unit E1 I.
•mitigation,enhancement and management measures to ensure fang term maintenance or the Syslevl
are provided and include:
• c6nuolgall woody regenaration and astablishment
salvaging plant material and seed bank for use in lands..ping eI Intermittent vidtrtary and SWM
Green Space Blocks.
Implementation Or an environmental stewardship program-
•mitigation measures can be developed iwrte:r at the detailed desiod stage through pneparapan 01 an
EIR.
IJ
LD... .
■
f; r
f I -' -.s-�.••• Tea[due-shn3W. a.i11 dmrKF duriq aha Life.Cd 4W rr.j�7-&ra"r.vra+r%� lar,=*4'4"
!I LMArUoLLW3 Un L"a-.Jrrt L"DE all gym L*k--AtS abM"..she Capa
de� all pAlk IiWi oz wstd in a LMS m Ifse !6d(FL [.anlrla OWM IM rftgk'tlilMW in !
IP � (� w aR.*go qgm=d in ilAw aonrlorw-qn 7j.1,ice 84 0.0 vdblrh#l7ir Afprti,Mvra[
# • �' is mLdv.amt ih alt c�-1 to Me 141d!adwa of uhn D CC1r}I' A.M11 u2ti!s,!hr Crrx¢
_ shau m+lnuiz all F=b h7bWa}h;hft of duC !tad m64-MmM O.UM f114 "m LM
' •?, •[� ,, ! C:q■rF.er I..aada. Kim tile aptah7f CFClk*f]t:'emA,a bffiff w".1715 7sL+r_A tiara VA a_r 1 SWIM
0 0R TM txalttttietilK+f1dl fdtalla0 or LiIIJmrG1trRw of SC;C WqLkj�trt 1J►4 err+
_ +. G«any PUTOW of whe L1a.rds is a-nmil.!of as}=uue t!r rtel�15t rat;*em 9id1 J
din r is lslf7kaic-'x7.lfty, its +e-MA, crWi4yaca of A.Al T -in
■ ,'�,"..�wir, Dix"hw v&u the{?.iacr waut n cork o-.ill h'x cp1rrfbrl,tbt O Amr,al'Me C�dar'!
r7"wI4 js71 xepae: p,,t md c r1,4 9Gr>Lk. i,bs7:fl it dl Ira+r egr,l ra ns
• �*
tc+7Fd'l1ori jlnra5g2lpiy lmx to Cba data 4)e 6ue.,, clvmaL�, ra dI4 µrnlicrvn i,!
KC, 11,11hr"2y Ustik C aG kanmr•3 d1 th. W]d Lslrrk -kinji hr, r..,Kro%ai-lrhtll
.• ._.• ..,rr.�.�.a� ,
s• :Lti �aror •.a�lrru9 �TaF.lcfr--A Of&a xutL'oa"l mmill;jur dim 2n a`*ct 4uL+ kW4m
wM�� wr -rb LP*Wr des teas N fairt of 4XLUF ark aesia bI-Idd PQ Of IM TOSS
'� ff a�rnrst!xcwd�ulrh�
ps ar+� uEn�y>�i�:[rC rat�riv_r tmra�p.e> �gfl mar
S�lr:a+rti rillo4raate
4
72_ Pikir 14 Fhc PACemcr ;Y l45 b4st e+o-Ln .7#aaplislr o, am [tij1 ttr{u %O l.>De
oaa77•asrCPMweda1 MASAUCt"Ot,ME OwYaCSJlull ICS79mm any cowlaniui Un ibf:l7d'
G[Ilewis`Meier 00400 kid rcpmz rTl:d mpl2- gwh ha.a ccmr---Am am may.■a
UN>gprGull 61 tht Dmua4z ix of ids tud;.wmr7 glnah"A='94 Oft jua h road abou fir
�Um.,,ftid d"'Mtr ao7 utr r,a'Mr;Varull It brae bunk u a tema"aLy tEmrj.
l)*p rtw-r x n Of The tae of ftVllalR X64 any ruLd rlgrirei m
bir MOMWI11CM Ytblitr dI)O P—. LFA Ckr tj !]1771 rseaa rlae bW p:Mg_ a!
—PI3 Er aad wlr—read—�9—-tb vY=rte*LM C �sx ailyP.
tnMa4i U-1 1116 aM>ia WAM dkn-40M Nza arc iUwz*d clr Or-Wtuar_ply 4.dc.€ham-F
UMM
f741�ilkbl)!r*wrsaµ ,I MAiAftilY OR istclzxW cuadF Ln a r-oF4T1ua acclepWplt W rw 13,rectur,Sari rb,}Il
wF. m 7 e Tat PjAdz,and tree^! IMe aral RIIKL
a
Who will pay for repair of Hancock Road? Developer is steady using it for transport of
heavy machinery instead of his internal road, so that he doesn't have to repair it. Smart!
i
yyJ
,f
I
� a
Oak-
�p
IF a }
9) The P, plm waira a higher gWit)pwtian of the mam wmCand hluclr{umi 6)
as an Leaked LS he pmwa pro k nett L:i noc linked is she a wnr off-Vt woa lard
tikick.5 IJm*Pw shauld be gLvm to a lugh dcumq reaidm4W Wum fur Urit1 ll 4 1 33 19
is ardw 0 owadow trsse saving and maultm linkage apkvttinuties bawftA 6K
pwpornd.post#lack and atllatmt off�stc lwK�to iliie honk,wm gild eta. Rear
vaad trrr pivnrvatiur. gtould be mammimd m die woAlvW bkck, • 4 f •",
ts
]Oi Prmpased lDom Ku4 rrwt Pr l 9ttaf7ti-aterywaw qtWiry mift*Cmwa fmilides
pmrmed for the p1m ar3 are sufficient w addmm off-site Fisheries cor.wrats provsded 4 L
that apport mica fcr mfitlratrtrrr,''Ft1G ring of sparrnwaw rwr off withir.Ine p6v arei
rnatxiM1 4*4(e&. roof mW kWetflawn gkad pads,importmg native rill For site grAdiutg S� 1 ' '„ • 5 �'`
rpjuircrwn Li,ourYpa ncE of smrmi►acer nm-uf1 duoug4 the,.0 ba Op=Spa=Bkci).
1; rfrrrmw in waxer tab-3E kw-Li is pod ard to he 6rm than 0.5 m mid dhmld rXK .•r Y � yl t _ i CS�� r
advrrar�y eftgr,the htdTkJ1 W ve g,13txs 46 rhe=egid�l woodUM hlnck and adjacml �a � �� r-' 1�
off-Or
12.9 Redurttdit.sa pvoz%. -amT ia'WaTre U9inae she p-9 am'_s predimd to he m u:rzd w ilk
ao signifKanl mpv on the wtz2 ruwrdwaorr&Sr urge'In Black Creek • '°� ' " li {` "���
r
13) Tbc overall urtegntF of tie TIME'& Roail�'t-txiMcc Rrrad Wo ds ESA %,J nog be , ,r•. ' 26
sigaifisantiti rsdumd wAb ore dumSigFm"Ctti plsn for due C+xutitr<North taexglikspurhwd r .�. � - � ,: PP
as prupaxd by l(thm H usSeW AssD im Ltd.
14) b www aftbe propased urh ra_i abon scuLh 6(d'M eurnmt Cow=Urban Area dbCy
fi-Hk4ftnmhood 3011, ?al, outisd IWW use plwurvig d:Fm shftW be made to f 4�= +• T
ad&=dw rr'rg,#wal prr..Km of he Tnds's Roa'Cam#z Rod Woods ESA(amt of -'
the CylrtM Cburbm 1ITtm Area boundary) in hetCtts of its tAtrMA3nL--tlim ao-4 + . =� 49 ' }
w*bh Ow primery ram-west nalmd=na=ag)ii bV betwom the Farm:] a'
ttmek Wick Cseelr and i6owvanvillr(:nx&vabty oxr&wrs.
1`
Requested Public meeting on Park d p�i=KaY wwme�-
for education purpose (Amendment 80) "�"
At the OH — no significance of adjacent land tw$�
r ��w
wetland °`
According to CLOCA and MNR , the green parts should remain undeveloped, now the only
chance to mitigate losses of wetland would be that the Park for the F shaped subdivision
would be a passive park as per the EIS, pg. 42,
with linkages to adjacent wetland, pg. 7
Aftt;wani Transplanting of rare plants from Headgate
To impart PSa7-001-
subdivision because there was no mitigation or
- - salvage of rare plants from the destructed
!alr w*= wetland . 20 and the disconnected tributary
that is running through the Hancock Rd. should
be incorporated in this project - pg. 50
'IV
MO
a
IL -;. .: �_.�F•_ +^ + # .ter a,
�i�J • M 5�u 1
�e _
C-NL A.rilnulra h MwTh)U. 194'i
KWIC kdt TINC5CC?NVID
AfPORT NO IPD-107-U eAGF 19
3iorr L'alP,aaenily,3?IKs Rte,1'MW*e•t e In;cllarlryl
,.a,a(rsrw•Matlnr dahst U- rCh 22, 1'191.MAW441fi tr#.X"rhd Parebrn
rnur vmmP kml r+wrrwma and nrsal,ur impar•h arralrlalad wllh doueiopins
A rrlKr'd Iho k-Iawnc c t46ghhrlurllood Degn Fidn Is IwailaEJe fair Ir pq afro at 15V FM,w1Jng Ihr Iaw h
and I.1ctin l+. r fti('61mrifop+K during r4m. i11 ofilor Nourk p shawid aisr,be noted dhal:%4r's urad i I jr",95'4rvgrpa6+nisi",k-eke,l tS JAI-Ift4ir#fey,thgF
•I•..Ira-Mary Of IIWI IIf141, 1 AIN IA 11`0 f inld lit+AIk.(,p IAan 11%01 CdR IFdAIN
tr'r[I&wr)-.mt d dim Nea#bmrrMcd DWV Phan"no conpilw*my loam of app ml•Al s..,oi%?I 7L.4d aakr plaaa. rheg-rh%Ihrl 411901ST KWI a+Ike if r-a11fin O
ancltlart hom4q 14 Her area
under the Kruling rhtd and&4e1 nalmpirrl upnn the rl¢hb of the re5id&rh lx#oae the OMB.
Np one wxIke in pypporl.0 iha Prro levion.
9,4 Sc hod el d Plttk Bkdu William Kamm.WUM G11rMANWe,20-Cl atnatkl M&M WMkvadit
.MI2l II 9X2-...rrlwyr Ihai thli area hra a 11 War h.aatawy.al-uH3 12vrim and
The L`larillgtdll 01111f°49d Phan Irlerltifiw bath i Pwbilr FWnarrimy Shcoof and a Nelgt&U& Psd albl Pt 17N,Unlryal wan 6PILI n4"Ihli Irnd. 'tlVlnp ane kb need
cmmunwrese with ih-e Ci}rlralned In Rnwin R067"9
Pads wAriin the Hagawi*R+le 0LftudKxd. The original whvi sslan lIvII-I!fie applicant did nil ,`•Id agvk"d ihn a nn%annl Kin bwn Kred la trr+dul I IM lrtha+Plk tK1IA
contain a kboul Skd ihd Fwltl 4' inn little parklan& As a mss of tornf mflls r1cillirved 14*Liverrr Hr 7ya4rrl rh l *Fp ng Ira al 5rl.du r undlfibi rant ihll
74.1Li�1T+lacrl nrrl�kt Thal Icier!H II.p�111F�1A Drtvenr rN.11taF1Llblt
ihm4lgh the circulmmm pmcmm,arld Thal nvotlatiom wtlh 511116101adwa dG III rld'rlrfbl Ic111m -9r.,•lLwnnl Izl[fine Ia mac Ht AIM/d+IR4 Thal trw rlanF havp
.t,IUlfac d an sawrrwvrwr"itudy kW thm hha 1"det1rdtltan i0vowid
the applicant hags indur W a DlocL to parlwldy aLxor It Public Ek-ac"School and r r r.trsr.A lriatt thew lan&
has also Increased arc parklaod dediatlnn la 1 73-5 KWtlres I-•f tt�Inn#n#nnaLwwdd that NI V*Honib w-ihing fyriur,r10Ka gl wheh
I hsar at9d CAMW%ark to be TSr to tread hay Of Cram-IMI t In kb"L-14
nyrrarr,pik omuld IIIm Their name Ind addresll w-ih the CIeA's
A$ ricked In Sraetlon 7.16 01 Shit Rleiaml. dA Kawanha RM Radom aisl.rFit 'ILh(", Rfxe acne--Il;-rrn
rawkwL the sclwx,I ids ra'I br kltalrxk rnllrely v Ahin Ilie limnx,tlf this drA plain of strWlrlslran, Rrr al ,sa etF_k!t+-45
Wkft tix"tFVAi gjnA 1110 puff-mna of lanai fair uchcaol puF xxm.She Bold p,rfON 10 truer into mar hr b.LrF+rc Iiwxt,laemaderl by Courwil lee Nu n,ilh
rl"tlans with a singlet peor*ft-r• nwnl'.r. ,M it rtsul, lhl` Public Seirnlol 13(mid has not THAT L"ewnmitl.ar +itu 11aee'h iot 1 hone,
opponed tf*prrypawd plan of sufAivisinrl, Ho unr, 111e pdsililA of Ow KawaMha YInl� °rhRRIEQ"
kkW L3iiNd 5cdwel IBrmhnl nlaly be too nrrrrmN in dull the plan aI sulidWisi5n in rrrupulwl� the mWing raounvonsdaf 11'"p,m.
theprld-iud otlllj 110,E35 hettan.s In%12*. qN: p 1hw p'larl of subdiwlslon has been redtrmi rr;
nLnawnwrrG Rrw[r f1FsrE1l7PnarNT
the t�kmB,3fWowcem kint the Scher ou4M should Ise directed lo the OMB.
Green A9artln Revul_,tion l.CPA.h 11..95
a'IY>r*kiin ltd.
Milo,, dw al�'4%-ILgw grill dedlcr[r din 1'nrk. Black to *m MUnjtlpltllry, thw. 5ubdrVisim �ON HrM , R.p+ed txp F n au I�in�I lannah,loom lr�bt Cpudr4rltrat Nai+al
aKtecrr1el11 will payAdr 1pr d,e F.irrliopolily tta cmpFatlAlroa to applicao fear any 1vv�M'111 of IWAr krouel PCD-21P•45 bo mrFived.
heel Inglon
pwercledwAion. Furthcrmam, Orr s4 final appreval, flirdt fdt tits oon0r w1l— ul 111r 014,x, VA)44" THAT ihF j4*AI disn au*,Ks rfir('r.rvr6e",,re Zening#V4*w Cd43,n
ymanrdrd,rat tho lr:w*r T€wm )i r4owravirl.winm Rd bw GeP.r"I M110 4
N0406amhbpd Party, which a1mAh the iftol sate to the fborlh, mtitt k*awaw fur 111x. Pi�ftm•rip%Lid.,ba mfrnrd back ro AIM I„I twVw o r-rr-�,awnlir and pmepair111far+rl etl a
•al.l'"S7U?nj report upon n Jpl nl 011 4)0blrrrllnit rrimmrhh.rind
*rtlC"wt to prxe-eal:
4
o oil g
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po-
Cod.
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its
' s % r ,fir Ir I R sx
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oil.r m "x 1 ff ti `�
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4. F s �r x'
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Source: Google Earth
Delegation in Support of Train Whistle Cessation
at Mile Marker 170.07 — South Prestonvale near Basel ine-Courtice
General Purpose and Administration Meeting
April 2, 2012
Michelle Speelman Viney
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RAILWAY SUBDIVISON LIMES
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Source: Google Earth
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Unintended Consequences
• Twenty years ago when Bowmanville made the decision to embrace growth it brought
improved amenities and substantial economic benefits to our area.
• During this expansion, the community also made the decision to build residential
homes, town homes and schools in close proximity to the railway lines, both CN and
CP.
• Ultimately, you don't have exponential growth without some growing pains. With this
comes unintended consequences, they are in fact part of growth.
• As change will always be part of life, the community needs to acknowledge these
unintended consequences and say "how can we find a way to live in harmony?".
Pundits say to "move" or "get over it which is clearly not a viable solution for
thousands of households.
• A progressive community looks for solution and makes the necessary changes
that make living in this community comfortable for all.
• There are solutions, and Transport Canada along with the Rail Companies, clearly lay
out the procedures to do so. Several communities have already worked with these
organizations and have successfully stopped the train whistle in urban areas.
Whistle Cessation Feasibility - The
Report
• Firstly and most clearly the March 19 General Purpose and Administration
Committee (EGD-013-12) and January 9 (EGD-001 -12) reports were not
undertaken with an open mind and were extremely biased.
• For the report to say "whistling can no doubt be considered an intrusion by some
is an insult to the residents of Bowmanville. Those suffering from the "intrusion"
are not just hard-working and children of our community, they also include our
front-line workers -- police, firefighters, doctors and nurses. Sleep deprivation is
an extremely serious situation. It is well documented that those suffering from
from sleep deprivation are far more likely to be involved in a serious accident
than the likelihood of anyone being injured by a train.
• If the crossing meets the guidelines, Transport Canada has no problem with
whistle cessation. We are not asking for a ban on train whistles, only a cessation
at certain, safe crossings. Further, the train operator can use their discretion to
sound the whistle at any time.
Whistle Cessation Feasibility - Update
• The 800-name petition was presented to Council in January, and based on
personal research this was not the first of it's kind in Ontario, however, I believe
it was the largest. The request was straight forward and consistent with those of
every city council that had previously supported and passed whistle cessation
bylaws at safe rail crossings.
• Since that time much public awareness and subsequently debate of this subject
has been generated through the media and social media sites, such as
Facebook.
• It has been unfortunate and unprofessional that our group has been subjected
to mean-spirited insults, threats and cyber-bullying.
• I find it incredulous that an elected official sent a letter that states "While I
cannot predict what the report may or may not say, I can suggest that
it would be odd for Council to spend significant funds that reduce
rather than enhance the security of our residents".
• And I completely agree. It WOULD be "odd" to spend a lot of money on
something that would reduce the safety of residents. But whistle cessation does
not reduce the safety of residents. Did Belleville, Coburg, Oshawa, Scarborough
and Pickering ban the whistle at certain crossings to reduce resident safety? Of
course not. They banned it because it was safe to do so, and the ban actually
ENHANCED the quality of life of residents.
Whistle Cessation Feasibilit y -The Costs
• The report does give a breakdown of the cost structure. As a Taxpayer (and you as council
members), I would deem this as completely unacceptable. Further, an essential part of
cost determination and analysis is the RFQ and Target Pricing process. Was this done?
• Although I have studied Transport Canada's guidelines for whistle cessation, I cannot find
the requirement that a detailed safety assessment must be made of each crossing. I could
only find the crossing requirements based on train speed, which I did show in my January
presentation.
• On page 5, 4. 1 - the report indicated "the installation of fencing to prevent trespassing will
be needed". Where did this come from? Does Transport Canada require it? This is not the
case at crossings in other communities that currently have train whistle cessation at
crossings.
• If additional fencing were necessary and would be needed to be "funded entirely through
the tax levy"....well aren't all improvements funded through the tax levy, including the lovely
Victorian fence over the Prospect St bridge? In other word, we have accept that not all tax
dollars spent benefit all citizens.....
• I agree that we have a responsibility to be fiscally prudent, our request does not require
spending "significant money". We're talking about a limited number of crossings. Since all
of the safety upgrades such as flashing lights and a gate are already in place at Mearns,
implementing a ban would cost nearly nothing, and certainly much less than what it cost the
Town to address the issue of noise in Orono! At minimum let's get our dollar value from the
measuring equipment already purchased and get some accurate noise level readings.
Aren't we as important to council as the residents of Orono?
___i_ _.._
Whistle Cessation Feasibility -
Trespassing
• The report repeatedly references "trespassing". This is a completely different
issue which is not related to the subject. When the train operator sees someone
on the track, the whistle is blown. We are not looking for an entire ban on train
whistles. ONLY WHISTLE CESSATION AT SAFE CROSSINGS.
• Unfortunately, trespassing is a systemic issue associated with young people.
Whistle cessation at safe crossings will not prevent trespassing and is not
relevant to the Engineering Report.
• Trespassing on rail lines is a serious crime; and combined with audio devises
with earbuds can be a deadly. Education is the key to prevention.
• Page 5, 4.2 - references vandalism. It perplexes me on how whistle cessation
and vandalism are connected. Again this is another issue that absolutely should
be addressed, however, not in a whistle cessation report.
• The report also references a train fatality in Bowmanville several years ago, it
should be noted that this did NOT occur at a crossing.
• As you are all aware the train operator can initiate the whistle as long and as loud
as necessary, at their discretion. This will never change, nor are we
suggesting a change.
Whistle Cessation Feasibility -
Conclusion
• The Engineering Whistle Cessation Feasibility Report is flawed at best
and at worst it was biased.
• The conclusions were drawn on undisclosed and perhaps unsubstantiated
costs.
• The report was not purposeful with regard to whistle cessations at
crossings that meet or exceed Transport Canada's guidelines.
• It continuously went off-topic and included references to trespassing on
the rail line, which in fact, has nothing to do with whistle cessation at
crossings.
• It offered seemingly personal opinions in a biased slant, and personal
opinions should not be represented in this decision making process.
• There are several crossings that exceed Transport Canada's guidelines,
why not use Means, Cobbledick and Bennett Crossings as a pilot for
whistle cessation, rather than going through the expense of a study.
These crossings already EXCEED Transport Canada's requirements.
Sleep Deprivation
According to the National Highway Traffic Safety Administration,sleepiness may cause over 100,000 crashes every year. That's an incredible number of crashes that are easily avoidable.
Here we will discuss the dangers of driving while sleepy,when we are most likely to be at risk, and steps we can take to avoid it.
Sleepy Driving Compared to Drunk Driving
Sleepy driving is one of the biggest dangers, but it gets the least attention from drivers—many of whom admit to falling asleep at the wheel ten or more times in a year. In truth, driving
while drowsy can be as detrimental as driving drunk.According to the American Automobile Association(AAA) Foundation for Traffic Safety,the effect of being awake for 17 hours causes
a performance on psychomotor coordination tests equivalent to that of someone who has a blood alcohol level of 0.05 percent; if they stayed awake a full 24 hours,their test performance
equaled a blood alcohol level of 0.10. Some states consider you intoxicated at 0.08; so drivers who have been awake for 24 hours would fail sobriety tests.
Experts say that drivers are often unable to determine their level of fatigue.They state that they are"tired"but do not realize they are in danger of running off the road or worse. Many
drivers who are aware of their state of exhaustion refuse to do something about it.
Holidays are Especially Risky
The long days and nights of the holiday season can create more drowsiness for drivers. According to the Sleep Centers of Middle Tennessee, more than half of us are sleep deprived. In
November and December,we stretch our already-too-long days and sleep even less, crowding out sleep in favor of early or late shopping,parties, or out-of-town guests.We may drive
longer distances for these activities, creating even more sleep deprivation.
College students,who are usually studying for tests around the holidays,are especially vulnerable to sleep-related crashes. They may pull all-night study sessions, then drive several
hours to get home afterward,Fourteen million people have admitted falling asleep at the wheel in the past year; it is no surprise that young adults from 18 to 29, and people with young
children at home are the most likely to fall asleep at the wheel.
Tips to avoid driving like a Drunk
The AAA study determined that one of the most important deterrents to drowsy driving crashes is for us to be aware of it. If only one of the following is true, you are probablytoo sleepy to
drive:
-Your eyelids feel heavy
-You're yawning repeatedly
-You're drifting off the road
-You can't rememberthe last few miles.
If you are planning to travel long distances, be especially sure to get a good night's sleep the night before.Sleeping eight hours instead of five the night before a trip makes you three
times less likely to be involved in a sleep-related crash.
Avoid alcohol and medications that may cause drowsiness. Most of these are marked on the bottle, but your own body may react differently. Be aware of the medications that cause
sleepiness for you and ask your physician if they can be avoided for the duration of the trip.
Schedule regular stops, one about every two hours of driving time.Walk around or exercise during the break. Stretching, breathing cold outside air, and drinking cold drinks helps many
drivers feel more alert.
If possible,take along a passenger who will stay awake and talk with you.
If you do become sleepy while driving,the best way to restore your alertness is to pull into a safe area and get some sleep; often a short nap of about 20 minutes in length will relieve the
grogginess. Drinking caffeine may give you short term alertness. Many drivers say that rolling down the windows or listening to music with a fast beat helps, but that's not supported by the
study. Most of all—be careful out there!
Take-Awa Questions for Council
Clarington should write to t e Municipalities and ask a) did they need to upgrade fencing and if
so, how much did Coburg, Belleville and Oshawa spend on fencing upgrades when they
implemented cessation?
Was the impact to Quality of Life studied, or even considered (other than one line). How can
recommendations be made without a look at the lifestyle impact.
Why is Council sending out letters of support prior to any decision being determined?
Was an RFQ sent out for competitive bid? If not, is this not part of Clarington's standard
procedures for quotes on cost?
If an RFQ was sent out, was there a process to reduce costs by "target pricing"?
The issue of fencing -- is this part of Transport Canada's stipulations for whistle cessation?
Cobourg does not have fencing (only to protective the maze). Bloor and Grandview crossing
in Oshawa does not have fencing (and there is a park beside the tracks).
What does vandalism have to do with whistle cessation at safe crossings?
What does trespassing have to do with whistle cessation at safe crossings (it seems to be a
difficult point for pundits to understand the trespassing is an issue on the tracks and that the
engineer can sound the horn at any time).
Has a decibel reading been done at Mearns, Cobbledick or Bennett? I would request a sound
measurement- considering the town has already paid for the noise measuring equipment?
Why is it that Council were so concerned and so quick to react on behalf of the residents of Orono
in relations to gun club noise? Aren't we as important to Council as the Orono residents?
(may be a rhetorical question).
Specify and cost analysis of exactly what extra maintenance would be required. Transport
Canada clearly lays out the responsibility of maintenance is that of the railway companies and
the municipalities.
Although I have studied Transport Canada's guidelines for whistle cessation, I cannot find the
requirement that a detailed safety assessment must be made of each crossing. I could only
find the crossing requirements based on train speed. Can you please identify this section to
me?
9