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HomeMy WebLinkAbout10/28/2013 clarington Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: October 28, 2013 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 October 7, 2013 4-1 5. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law 84-63 5-1 Applicant: 562503 Ontario Limited Report: PSD-060-13 6. DELEGATIONS (Draft List at Time of Publication — To be Replaced with Final 6-1 List) (a) Dale Gibbons, Chair, Courtice Santa Claus Parade, Regarding the 1St Annual Courtice Santa Claus Parade 7. PRESENTATIONS (a) Inspector Rolf Kluem, Durham Regional Police Service, Regarding DRPS East Division Policing 2013 Overview of Identified Community Safety Priorities from 2013 Community Patrol Plan 8. PLANNING SERVICES DEPARTMENT (a) PSD-054-13 Applications to Amend a Draft Approved Plan of 8-1 Subdivision and to Amend the Zoning By-law Applicant: Claret Investments Ltd. & 1361189 Ontario Limited CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - October 28, 2013 (b) PSD-060-13 An Application to Create One (1) Residential Lot on the 8-19 North Side of Ormiston Street, East of Old Scugog Road, in Hampton Applicant: 562503 Ontario Limited (c) PSD-061-13 Priority Green Clarington - Update 8-29 (d) PSD-062-13 Applications for an Official Plan Amendment and Zoning 8-61 By-law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 7 Storey Seniors Apartment Applicant: The Forrest Group 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-034-13 Monthly Report on Building Permit Activity for September, 9-1 2013 (b) EGD-036-13 Tender Award Approval for Green Road and CPR Grade 9-8 Separation, Bowmanville, Contract No. CL2013-26 (c) EGD-037-13 Small, Rural and Northern Municipal Infrastructure Fund 9-13 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-010-13 Clarington Fitness Centre — Proposed Renovation 12 71 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-029-13 Appointments to Samuel Wilmot Nature Area Management 13-1 Advisory Committee, the Clarington Heritage Committee, and the Ganaraska Forest Recreational Users Committee 14. CORPORATE SERVICES DEPARTMENT (a) COD-022-13 RFP2013-5 Janitorial Services at Various Locations 14-1 15. FINANCE DEPARTMENT (a) FND-016-13 Financial Update as at September 30, 2013 15-1 G.P. & A. Agenda - 3 - October 28, 2013 16. SOLICITOR'S DEPARTMENT (a) LGL-010-13 Code of Conduct 16-1 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS (a) Addendum Nomination Process —Veridian Corporation and Veridian 18-1 to Report Connections Inc. CLD-027-13 19. OTHER BUSINESS 20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS (a) COD-023-13 Labour Relations - Mediation Decision (b) CLD-028-13 Tyrone Cemetery 22. ADJOURNMENT Cl�rinn�ton LcadinK!!re S1'ay General Purpose and Administration Committee Minutes October 7, 2013 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, October 7, 2013 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Manager of Infrastructure, R. Albright Municipal Solicitor, A. Allison Director of Community Services, J. Caruana Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Novak announced the following upcoming events: • Ribbon Cutting for Salon Blunt on Monday, October 7, 2013 at 5:00 p.m. at 170 Liberty St. S., Unit 3, Bowmanville, • Shoeless Joes Ultimate Sports Launch Party on Tuesday, October 8, 2013 at 5:00 p.m. at the Courtice location. • LCBO Grand Opening on Wednesday, October 9, 2013 at 9:15 a.m. in Bowmanville. - 1 - 4-1 General Purpose and Administration Committee Minutes October 7, 2013 • Courtice Christmas Tree Lighting Ceremony on November 28, 2013 from 6:00 p.m. to 8:00 p.m. at White Cliffe Terrace Retirement Residence. • First Annual Courtice Santa Claus Parade on Sunday, December 1, 2013. Councillor Partner announced the following upcoming events: • Ganaraska Region Conservation Authority, Trees Ontario, and the Ontario Forestry Association are hosting a free Tree Planting Workshop on Tuesday, October 15, 2013 from 6:30 p.m. to 9:00 p.m. at the Ganaraska Forest Centre as part of the 50 Million Tree Program. More information can be found at www.treesontario.ca/iandownerworkshops. • Curves will be holding a Fall Open House on Wednesday, October 16, 2013 at the Newcastle location. • Orono Rebekahs will be hosting a Roast Beef Dinner on Wednesday, October 16, 2013 at 6:00 p.m. in Orono. • Kendal Lions Club's Country Harvest Roast Beef Dinner on Friday, Oct. 18, 2013 at 6:00 p.m. at the Kendal Community Centre. • Rachel Jackson Stapleton, from Orono, will be launching her new book, the Temple of Indra's Jewel, on Friday, October 18, 2013 from 7:00 p.m. to 9:00 p.m. at The Village Inn in Bowmanville. • Clarington Farmers' Market has extended their season until the end of October. Councillor Woo announced the following events: • Newcastle Business Improvement Association Fall Festival on Saturday, October 5, 2013 including the 19th Annual Walk for Guide Dogs, the Running Maniacs' walk/run, and a burger eating contest. • Book signing, "Experience Literary VIP Terry Fallis" on Wednesday, October 9, 2013 at 7:00 p.m. at the Clarington Public Library, Newcastle Branch. • Visual Arts Centre fundraiser"Wall to Wall" on Thursday, October 10, 2013 at 7:00 p.m. • Love From Max: Begley Family & Friends Variety Night was originally scheduled for October 12, 2013. It has now been rescheduled for April 14, 2014. • Lighthouse Church of Newcastle initiative "Thanksgiving till Christmas" on Sunday, October 13, 2013 at the Newcastle Recreation Centre. Councillor Hooper announced the following upcoming events: • Clarington in Bloom Awards on Wednesday, October 9, 2013 at 6:30 p.m. at the Garnet B. Rickard Recreation Complex. • Clarington Older Adults Association events: o Tuesday October 8, 2013 Lunch and Trivia at noon. o Wednesday, October 23, 2013 Pub Night and Trivia Night at 7:00 p.m. - 2 - 4-2 General Purpose and Administration Committee Minutes October 7, 2013 • Tuesday, October 29, 2013 Halloween Lunch at noon. • Wednesday, October 30, 2013 Smile Theatre presents "Sweet Marie" • Historic Downtown Bowmanville's Apple Festival and Craft Sale on October 19, 2013, featuring apple fritters, dumplings, pies, crumbles, entertainment, music and craft vendors. Mayor Foster announced the following events: • Employability Awards which included Clarington award recipients, the Bowmanville Creek Anglers Association.and Newcastle Sunspace, on Thursday, October 3, 2013 at the Tosca Banquet Centre. • Holiday Train in Bowmanville on Thursday, November 28, 2013. • Civilian Awards Ceremony hosted by the Durham Regional Police on Wednesday, October 9, 2013 at 10:00 a.m. prior to the Regional Council meeting at the Regional Council Chambers in Whitby. MINUTES Resolution #GPA-482-13 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on September 23, 2013, be approved. CARRIED PUBLIC MEETING There were no public meetings held. DELEGATIONS There were no delegations. PRESENTATIONS PRESENTATION OF AUDREY ANDREWS, MANAGER, LOCAL DIVERSITY AND IMMIGRATION PARTNERSHIP COUNCIL, REGION OF DURHAM, REGARDING THE 2012 HIGHLIGHTS OF THE LOCAL DIVERSITY AND IMMIGRATION PARTNERSHIP COUNCIL AND THE FIRST COMMUNITY REPORT CARD Audrey Andrews, Manager, Local Diversity and Immigration Partnership Council, Region of Durham, was present regarding the 2012 Highlights of the Local Diversity and Immigration Partnership Council and the First Community Report Card. She made a - 3 - 4-3 General Purpose and Administration Committee Minutes October 7, 2013 verbal presentation to accompany an electronic presentation. Ms. Andrews provided the Committee with background information on the Local Diversity and Immigration Plan. She noted that there are four priorities: to create a culture of inclusion, improve labour market outcomes for newcomers, attract and retain newcomers, and to enhance Durham's settlement capacity. Ms. Andrews provided the Committee with highlights from the 2011 National Household Survey as it relates to diversity and immigration in Clarington. She added that the "report card process" included various methods of data collection. Ms. Andrews explained the "Community Report Card: Using Results Based Accountability" and how success is measured. She reviewed each of the four priorities in the context of the report card. Ms. Andrews noted that a key component of results based accountability is developing a data agenda. She added details of items included in the data agenda. Resolution #GPA-483-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the presentation of Audrey Andrews, Manager, Local Diversity and Immigration Partnership Council, Region of Durham, regarding the 2012 Highlights of the Local Diversity and Immigration Partnership Council and the First Community Report Card, be received with thanks. CARRIED Councillor Woo chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 1494339 ONTARIO LIMITED Resolution #GPA-484-13 Moved by Councillor Novak, seconded by Mayor Foster THAT Report PSD-058-13 be received; THAT the application submitted on behalf of 1494339 Ontario Limited to remove the (H) Holding Symbol be approved and that the By-law attached to Report PSD-058-13 to remove the (H) Holding Symbol be passed; THAT Council's decision and a copy of Report PSD-058-13 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and - 4 - 4-4 General Purpose and Administration Committee Minutes October 7, 2013 THAT all interested parties listed in Report PSD-058-13 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: DEVON DOWNS DEVELOPMENTS LIMITED Resolution #GPA-485-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report PSD-059-13 be received; THAT the application submitted by Devon Downs Developments Limited to remove the (H) Holding Symbol be approved and that the By-law attached to Report PSD-059-13 to remove the (H) Holding Symbol be passed; THAT Council's decision and a copy of Report PSD-059-13 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-059-13 and any delegations be advised of Council's decision. CARRIED ENGINEERING SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Traill chaired this portion of the meeting. - 5 - 4-5 General Purpose and Administration Committee Minutes October 7, 2013 CLERK'S DEPARTMENT VOLUNTEER PROGRAM — CLARINGTON ANIMAL SHELTER Resolution #GPA-486-13 Moved by Councillor Partner, seconded by Councillor Novak THAT Report CLD-025-13 be received; THAT staff be authorized to implement a volunteer program at the Clarington Animal Shelter effective November 1, 2013; THAT staff be authorized to modify the volunteer program model as required to meet the needs of the Shelter and comply with health and safety requirements while not infringing on contractual.agreements; THAT staff report back in one year on the progress of the volunteer program; and THAT all interested parties listed in Report CLD-025-13 be advised of Council's decision. CARRIED NOMINATION PROCESS —VERIDIAN CORPORATION AND VERIDIAN CONNECTIONS INC. Resolution #GPA-487-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Report CLD-027-13 be received; THAT the procedure for nominations to and the replacement of directors on the Veridian Corporation and the Veridian Connections Inc. Boards, as outlined in Attachment 1 to Report CLD-027-13, be approved; and THAT all interested parties listed in Report CLD-027-13 be advised of Council's decision. REFERRED TO STAFF See following motion - 6 - 4-6 General Purpose and Administration Committee Minutes October 7, 2013 Resolution #GPA-488-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the foregoing resolution be referred to Staff for a further report on a procedure for the appointment or replacement of non-elected members to the Veridian Corporation and Veridian Connections Inc. Boards; and THAT the report include the process for "split-terms" of Council member appointments. CARRIED REQUEST FOR REPORT—ADDITIONAL PARKING ENFORCEMENT Resolution #GPA-489-13 Moved by Mayor Foster, seconded by Councillor Partner THAT the Municipal Clerk's Department provide a report on By-law Enforcement including parking enforcement with information on overtime costs, potential for hiring additional staff or contracting out, and detailing areas of major concern including the number of open cases, number of calls, and subject matter. CARRIED CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. FINANCE DEPARTMENT LIST OF APPLICATIONS FOR CANCELLATIONS, REDUCTION APPORTIONMENT, WRITE OFFS OR REFUND OF TAXES Resolution #GPA-490-13 Moved by Councillor Neal, seconded by Councillor Novak THAT Report FND-015-1,3 be received; and THAT the list attached to Report FND-015-13 of applications for cancellation, reduction, apportionments, write-offs or refund of taxes be approved. CARRIED - 7 - 4-7 General Purpose and Administration Committee Minutes October 7, 2013 CORPORATE SERVICES DEPARTMENT - Continued REQUEST FOR SPONSORSHIP — CITYTV SATELLITE TRUCK TO COVER THE SALMON TRANSFER AT THE BOWMANVILLE CREEK Resolution#GPA-491-13 Moved by Councillor Neal, seconded by Councillor Novak THAT the request, from CityTV, for payment of $1200.00, be on site to cover the Bowmanville Creek salmon transfer, be received for information. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER COMMUNICATIONS STRATEGY Resolution #GPA-492-13 Moved by Councillor Novak, seconded by Councillor Woo THAT the communications strategy as set out in Report CAO-010-13 be approved. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) Resolution #GPA-493-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the Rules of Procedure be suspended to allow Members of Committee to speak to the matter of the foregoing Resolution #GPA-492-13 a second time. CARRIED - 8 - 4-8 General Purpose and Administration Committee Minutes October 7, 2013 Resolution #GPA-494-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #GPA-492-13 be amended by adding the following at the end: THAT Staff be directed to report back on the proposed policy on what Staff communicates to the media, in particular `who can say what' and under what circumstances; and THAT this report be due back by the November 11, 2013 General Purpose and Administration Committee meeting. CARRIED The foregoing Resolution #GPA-492-13 was then put to a vote and carried as amended. UNFINISHED BUSINESS There were no items to be considered under this section of the Agenda. OTHER BUSINESS There were no items to be considered under this section of the Agenda. COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS There were no items considered under this section of the Agenda. - 9 - 4-9 General Purpose and Administration Committee Minutes October 7, 2013 ADJOURNMENT Resolution #GPA-495-13 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 11;55 a.m. CARRIED MAYOR DEPUTY CLERK - 10 - 4-10 PUBLIC MEETING REPORT# PSD-060-13 562503 ONTARIO LTD. Leading theWay NOTICE OF COMPLETE APPLICATION ANDRUBLIC MEETING The Municipality of Clarington has received a Complete Applications fora proposed Zoning By-law Amendment. APPLICANT: 562503 ONTARIO LIMITED PROPERTY: PART LOT 17,CONCESSION 5, NORTH SIDE OF ORMISTON STREET,IN THE HAMLET OF HAMPTON, FORMER TOWNSHIP OF DARLINGTON PROPOSAL: TO PERMIT THE CREATION OF ONE (1) RESIDENTIAL LOT FILE NO.: ZBA2013-0021 (X-REF: LD13-056) A Public Meeting to receive input on the application will be held on: DATE: Monday,October 28,2013 TIME: 9:30 a.m. PLACE:- Council Chambers,2nd Floor, Municipal Administrative Centre, 40 Temperance St.,Bowmanville,Ontario Additional information relating to the application is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.)at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6, or by calling Brandon Weiler (905) 623-3379, extension 2419 or by e-mail at bweiler(a-)cladngton.net. If you cannot attend the Public Meeting on these applications,,you can make a deputation to Council. Should you wish to appear, as a delegation in respect to this item, arrangements should be made through the'Municipality of Clarington Clerk's Department at (905) '623-3379. In order to have your name appear on the agenda published on Thursday prior to the meeting, requests for delegations must be received by the Clerk's'Department no later than 12 noon on the Wednesday prior to the meeting. However, requests for delegations will be accepted until 4:15 p.m. on the work day prior to the meeting and your name will be included on the final delegation list, printed_Friday afternoon. An on-line delegation request form is also available on the Municipality's website, www.clarington.net under the Municipal Clerk's Department tab. If you wish to be notified of: i) the adoption of the proposed Zoning By-Law amendment or of the refusal of a request to amend the Zoning By-Law you must make a written request to the Municipality of-Clarington, Planning Services Department. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington, Planning Services Department before the by-law is passed, the person or public body., i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board,and ii) may not be added as a party to,the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at the Municipality of Clarington this 24th day of September 2013. Da d J. Crom ,M.C.I.P.,R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1 C 3A6 Ca LDO 5-1 cn 1 N N Property Location Map(Hampton) i -0 Subject yG , Site �2 m i I ' ZBA 2013-0021 � Zoning By-law Amendment t Owner: 562503 Ontario Ltd. I ' DRAFT LIST OF DELEGATIONS GPA Meeting: October 28, 2013 (a) Dale Gibbons, Chair, Courtice Santa Claus Parade, Regarding the 1St Annual Courtice Santa Claus Parade 6-1 Clarington REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-law#: Report#: PSD-054-13 File#: 18T-94027 AND ZBA2013-0018 Subject: APPLICATIONS TO AMEND A DRAFT APPROVED PLAN OF SUBDIVISION AND TO AMEND THE ZONING BY-LAW APPLICANT: CLARET INVESTMENTS LIMITED & 1361189 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-054-13 be received; 2. THAT the application for an Amendment to a Draft Approved Plan of Subdivision 18T- 94027 submitted by WDM Consultants on behalf of Claret Investments Limited and 1361189 Ontario Limited be supported subject to conditions as contained in Attachment 1; 3. THAT the Zoning By-law Amendment application submitted by WDM Consultants on behalf of Claret Investments Limited and 1361189 Ontario Limited be approved as contained in Attachment 2; 4. THAT a By-law authorizing the removal of the (H) Holding symbol be approved for lots within a future registration once all provisions contained within the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied; 5. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-054-13 and Council's decision; and 6. THAT all interested parties listed in Report PSD-054-13 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-1 REPORT NO.: PSD-054-13 PAGE 2 Submitted by: Reviewed by:� WVCYCrome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer ATS/CP/nl/df 16 October 2013 8-2 REPORT NO.: PSD-054-13 PAGE 3 1. APPLICATION DETAILS 1.1 Owner/Applicant: Claret Investments Limited and 1361189 Ontario Limited 1.2 Agent: WDM Consultants 1.3 Proposal: Proposed Amendment to a Draft Approved Plan To adjust the lotting pattern resulting from decreased road widths and removal of the parkette block. The revisions result in an additional 10 residential units. Proposed Zoning By-law Amendment To place lands in appropriate zones reflecting the revisions to the lotting pattern and to amend setback and lot coverage regulations in the entire subdivision, including the registered plan, the draft approved plan and the additional 3.3 metre strip south of Lots 23 and 37. 1.4 Area: Subject to Amendment to Draft Approved Plan: 2.191 hectares Subject to Zoning By-law Amendment: 9.375 hectares.. 1.5 Location: North of George Reynolds Drive, east of Courtice Road, being in Part of Lot 28, Concession 3, Former Township of Darlington, Courtice (see Figure 1). 2. BACKGROUND 2.1 In 1994, Courtice Heights Development filed subdivision application 18T-94027 located in the northerly portion of Hancock Neighbourhood in Courtice. It was approved by the Ontario Municipal Board July 28, 1999. 2.2 The original Hancock Neighbourhood Design Plan was approved on September 10, 1998. Over time, many factors prompted the need to review and update the Hancock Neighbourhood Design Plan including: • Identification of Provincially Significant Wetlands by the Ministry of Natural Resources; • Release of Provincial Growth Plans and Regional Official Plan Amendment to implement Provincial Policy (ROPA 128); • Needs of the local school boards; and • Approved alignment of the East Durham Link to Highway 407. 2.3 The Hancock Neighbourhood Design Plan was revised on April 17, 2013 following the approval of Official Plan Amendment No. 80 (PSD-015-13). 8-3 OD I m v O N Property Location Map(Courtice) N O I Courtice -p Urban Boundary Cn Subject G Site Vy —q__ - - P i HOLYROD DRIVE ,JJ?»JJJ W GEORGE RC`NOLOS ORNE- (n .• :. Z -,. > >J�. JJJ Ds 3i J .JJJ. »J• o` L > > ! > ,�" SKINNER CT tt ELMER ADAMS DRIVE' ' W O M BROOE AV -n U - uJ > JJ »J K Zy F 7 - O > >J J J LB J� N7 ERT HOAR CT TABS AV C7 OC »J:Q>>J' sTaoRESr L I = RS Q >J)JJ J y—J ROAD CD O ELMER ADAMS DRIVE UJ J Q) oc O » o >J J �r O Lands Subject to Rezoning Application Lands Subject to Subdivision Application QD J_ J.J_3 JJ, >n�>» Lots Registered as Plan 40M-2496 �x 3J,En�ironmentai.,Protection�'Area>,��,J �C, j�i JJjJ»>�J3�JJ>iJ>✓J��JJJ�JJ»J.)'JJJJJJj> >'�OJ,,JJ,Jj>�JJ G7 m ZBA 2013-0098 REPORT NO.: PSD-054-13 PAGE 5 2.4 Official Plan Amendment No. 80 to the Clarington Official Plan dealt with amendments impacting the subject plan of subdivision, specifically it: • Eliminated the need for 26 metre collector roads: Firstly, the extension of Harry Gay Drive, north of George Reynolds Drive, a portion of which is now a walking trail and servicing corridor through the wetland, and the remainder, a local road; Secondly, the east-west connection along the top of the subdivision which was originally planned as the Adelaide Avenue extension; and • Adjusted housing and population targets to allow for proposed revisions. 2.5 The Hancock Neighbourhood Design Plan revisions impacted the draft approved plan of subdivision, specifically it: • Amended road widths from 26 metres to 20 metres; • Removed the parkette; and • Adjusted road and lotting pattern. 2.6 Since the amendments, Phase 1 of the subdivision has been registered as Plan 40M- 2496 and construction is underway. The remaining lands require approval of the requested amendments to the draft approved plan and rezoning. The proposed changes are as a result of efficiencies achieved given the reduction in road widths and the removal of the parkette block. The wide/shallow lots on Street A were replaced with traditional depth 12 metre wide singles. The amendments would increase the total number of units from 151 to 161 (see Figure 2). 2.7 The purpose of the rezoning application is to: • Implement the revisions to the lotting pattern; • Rezone a small strip of land (3.3 metres wide) just south of the draft plan of subdivision to be incorporated as exterior side yards to register lots 23 and 27; and • Revise lot coverage and setbacks in the subdivision to allow for greater flexibility. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are currently vacant. A portion of the draft plan of subdivision is now registered as Plan 40M-2496 (see Figure 1). Servicing of the lands and construction of the roads is underway. 3.2 The surrounding uses are as follows: North - Significant Woodlands and Provincially Significant Wetlands South - Dwellings on existing lots of record East - Significant Woodlands and Provincially Significant Wetlands West - Dwellings on existing lots of record 8-5 REPORT NO.: PSD-054-13 PAGE 6 Figure 2 E _..L' �n•SRt u:_a,..."�= x)rv•.o•E 1]3585 ' • _ —P v2 2A .I ---------*- -I 3^ .B2-.u. `F I 83--in ..99._x" Q It.,l,i1* <_tnn. 6A AREA TABLECI.. u,il }f i ••'"ISG,n 011ER rv� l•E 1 _f~` __.__T__ O 1)�7= )7:• c`wIXix'w ui sEwo.,ACP,o u ' '.G..r V_t 1')O•bY=^.. H�_ J__._____. ?v y ,10 I vonowva 45-1 ' 87 92 c "88 91 Zc(A Oni W u�NCOB9 9 0 -------oAu n, _ _ .SS,m �S BEET B_-_; ;.n a nDa is Dhr,e - — ' .�`— 21 a '� Ml m •<I!�:I W,F l M LN ?'A A ? P A k 2 A A E fJ W N 16\ w °` )• c D lu Rt c.; c c c x�c -_xte,l.c.f2 -I cl c c c I I c v,•,rRI ,m,n �. w ---- - L ::: BLOCK 116 � � -------.- T-- ..., c 3.4 �v s,�26 ;� --=--tg� la oc.G..w�-T O ,_-i BLOCK 117 I FUTURE # �• _ - ="s Y U �'i-' ROAP_W1DFI�ING----t---_L-1 --' 0 029E I NP 35 ..1eZ0, �...-....... ` I I 0.056 HA I ! HA g :, 36 24 '---- --1 - - - - 37�'�------- """ -23c� p .- _.._______...____...1._-� 15161, t�,ullaIXnu� .W,. � .----------- _._._._ I I I sa , i -------------. RAF a s.,I ,•._.uw.w RMEDDIPIANOF II 1Fr�: I PROPOSED SUBDWION PART OF LOT 2B,CONCESSION 3 I I Ir 111 i I T_ .!_,\_ -----_____�\ 1 I Nw MUMCIPAUIYOF CFkGfON --_r.___ :B OF DURNM 1 I ll Il 11 11 .l•`\ t\\ I ,, /'�D BBOUSFIELDS INC. I i F � Il 11 111 11 11 \ w I \ Nei Y 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The PPS identifies settlement areas as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. Energy efficiency and improved air quality is promoted by a compact urban form, a mix of uses and utilization of public transit. Natural features, surface water features and ground water features shall be protected. The applications are consistent with the PPS. 4.2 Provincial Growth Plan The subject lands are within the greenfield area as defined by the provincial Growth Plan. The Growth Plan establishes the target of 50 jobs and residents combined per net hectare in the greenfield area. Both targets are measured across the Region of Durham. The Growth Plan encourages the creation of complete communities that are compact and transit-supportive, offering a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services. The Growth Plan supports the identification and protection of natural heritage features and areas that complement, link, or enhance natural systems. 8-6 REPORT NO.: PSD-054-13 PAGE 7 The proposed development, with the 10 additional lots, will result in approximately 52 residents per hectare and conforms to the Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the lands as "Living Areas". Key Natural Hydrologic and Heritage Features and High Aquifer Vulnerable areas exist in the area. Lands within the "living area" designation shall be used predominantly for housing purposes incorporating the widest possible variety of housing types, sizes, and tenure. Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. Key natural heritage and hydrologic features are to be protected. Greenfield areas in the Lake Ontario Shoreline municipalities shall develop at a minimum gross density of 50 persons and jobs combined per hectare. The applications conform to the Durham Regional Official Plan. 5.2 Clarington Official Plan Within the Clarington Official Plan, the subject lands are designated Urban Residential which are predominantly used for housing purposes. Lands are within the Hancock Neighbourhood, which has a current population allocation of 3400 and a housing unit target of 1225. The subject lands are within 120 metres of natural heritage features including watercourses, significant woodlots and provincially significant wetlands as identified on Map C1, Natural Heritage System. The subject site is within the Lake Iroquois Beach. The wetlands are part of the Harmony-Farewell Iroquois Beach Wetland Complex, a Provincially Significant Wetland. Appropriate studies in support of the original draft approval have been previously completed to the satisfaction of the Central Lake Ontario Conservation Authority and the Municipality of Clarington and the OMB. The amendment to Draft Approval and the rezoning will not adjust any boundaries abutting identified natural features, and no further analysis of natural features was required. The Transportation Map identifies Courtice Road as a Type A Arterial Road. All other roads are local roads. The applications conform to the Clarington Official Plan. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands a number of urban residential zones; all subject to (H) Holding Symbol. The proposed Zoning By-law Amendment would rezone the lands to allow for the proposed amendment to Draft Approval, and would increase 8-7 REPORT NO.: PSD-054-13 PAGE 8 permitted lot coverage, and adjust setbacks to match those typically applied in more recent subdivision proposals. 7. PUBLIC SUBMISSIONS 7.1 Prior to the Public Meeting held on September 9, 2013, one individual contacted staff regarding the application with concerns about road widths, drainage/water, and loss of parkland, and another individual had questions with regard to impacts on a neighbouring property. To address questions and concerns, background information was provided on the update to the Hancock Neighbourhood Design Plan and Official Plan Amendment No. 80. 7.2 No members of the public spoke in opposition or in support of the applications at the public meeting. No residents have contacted staff since the public meeting. 8. AGENCY COMMENTS 8.1 Regional Planning Department The Regional Planning Department has no objection to the proposed amendments and has provided conditions of approval to be cleared by the Region prior to registration of the plan. 8.2 Regional Works Department The Region of Durham Works Department notes that municipal services are available to service the additional lots. The developer will be required to enter into a subdivision agreement with the Region for the installation of the water and sanitary sewer services for the additional lots. 8.3 Central Lake Ontario Conservation Authority(CLOCA) CLOCA has no objection to the proposed changes to the lot layout resulting in additional lots or changes to the zoning provisions. 8.4 Other agencies Kawartha Pine Ridge District School Board, Canada Post and Rogers Cable offer no objections. 9. DEPARTMENTAL COMMENTS 9.1 Emergency and Fire Services Emergency and Fire Services has no objection. 8-8 REPORT NO.: PSD-054-13 PAGE 9 9.2 Engineering Services Engineering Services has no objection to the proposed revisions to the Draft Approved Plan or the Zoning By-law provisions. The department is satisfied with stormwater water, management for the development. 9.3 Operations Department The Operations Department has no objection. 10. DISCUSSION 10.1 The principle of the changes to the draft approved plan of subdivision and most elements of the rezoning have been previously established through the approval of Official Plan Amendment No. 80 and the update to the Hancock Neighbourhood Design Plan which took into account the reduction in road widths, removal of the parkette and revisions to the lotting pattern. 10.2 The approved Official Plan Amendment No. 80 and revisions to the Hancock NDP were part of a public process with a Public Meeting held on December 10, 2012 and two (2) Open Houses held on June 14, 2012 and October 10, 2012 to seek input on changes. At the public meeting, for the subject applications, held on September 9, 2013, no members of the public spoke in opposition or in support of the applications. 10.3 The proposed Zoning By-law Amendment would place the lots in the existing R1-74 Zone for the 15.0 metre lots, a new R2-78 Zone for the 12.0 metre lots and a new R1-90 Zone for the 18.0 metre semi/link lots. All zones will provide for setbacks adjacent to the street, as follows: minimum 2.0 metres to porch; 4.0 metres to dwelling; and 6.0 metres to the attached garage. The regulations will allow dwellings and porches to be located closer to the street and prevents attached garages from dominating the streetscape. A reduced interior yard setback of 0.6 metres on one side, and 1.2 metres on the other side, for the 12.0 metre lots would be permitted by the R2-78 Zone. This reduction to the interior side yard setback, together with the lot coverage provisions, is more consistent with recent approvals and provides more flexibility to the builder when siting the various models on lots. Given the grades in the subdivision, a maximum height of the unenclosed porch floor is set at 1.0 metre to prevent many steps at the front of the dwelling. Steps can be incorporated elsewhere in the dwelling, by sinking the front foyer, as an example. Garage projections will vary. Fifty percent of the garages in each zone can project a maximum of 1.25 metres from the front wall of the dwelling. This will ensure a variety of designs and projections along the streetscape. Maximum permitted lot coverage in the newly created zones has been increased to accommodate covered porches, decks and detached accessory structures (garden 8-9 REPORT NO.: PSD-054-13 PAGE 10 sheds). The increase in lot coverage is supported by a technical review of stormwater management calculations by the consulting engineer. The minimal increase in impervious area is not anticipated to have an adverse impact on the receiving storm drainage system or overland flow routes. 10.4 The proposed amendments to the Zoning By-law regarding lot coverages and setbacks are consistent with the approach taken in other more recently approved subdivisions in Clarington. 10.5 No concerns have been raised by staff or agencies. 10.6 The applicant has provided their concurrence on the amending conditions of draft approval and draft zoning by-law amendment. 10.7 All taxes payable to the Municipality of Clarington have been paid in full. 11. CONCURRENCE — Not Applicable 12. CONCLUSION 12.1 Staff recommend support for amending the conditions of draft approval for draft plan of subdivision 18T-94027 (Attachment 1) and that the draft zoning by-law amendment (Attachment 2) be passed. 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: Anne Taylor Scott, Planner II Attachments: Attachment 1 - Proposed Amending Conditions of Draft Approval Attachment 2 - Proposed Zoning By-law Amendment 8-10 REPORT NO.: PSD-054-13 PAGE 11 List of interested parties to be advised of Council's decision: Claret Investments Limited 1361189 Ontario Limited William Manson, WDM Consultants Pam Callus Pauline White 8-11 ATTACHMENT 1 TO REPORT PSD-054-13 AMENDMENT TO CONDITIONS OF DRAFT APPROVAL FILE NO.: 18T-94027 DATE: AUGUST 27, 2013 Conditions of draft approval for the subject plan as issued on July 28, 1999 are hereby amended as follows: 1. Condition 1 is deleted and replaced with the following: "The Owner shall have the final plan prepared on the basis of the red-lined revised proposed draft plan of subdivision 18T-94027 prepared by Bousfields Inc. identified as drawing number 9152-5-1 RL, dated April 23, 2013, which illustrates twenty (20) lots having a minimum lot frontage of 15.0 metres for single detached dwellings, twenty-one (21) lots having a'minimum lot frontage of 12.0 metres for single detached dwellings, and four (4) lots having a minimum lots frontage of 18.0 metres for semi=detached dwellings, for a total of 49 dwelling units on 2.19 hectares." 2. Condition 16 is deleted and replaced with the following: a) The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. b) No building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. c) No residential units shall be offered for sale to the public on said plan until such time architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. 3. Condition 22 is amended by deleting ": a) the extension of Street "A" from the north limit of plan 18T-92014 northerly to the south limit of this plan of subdivision; and b) the Owner constructing". - 4. Condition 24 is amended by deleting "68L" and replacing with `42". - - 5. Condition 32 is amended by deleting "22" and replacing with "17" and deleting "The relocation of some lots in this area may be required." 6. Conditions 33, 34, 49 and 50 are amended by deleting "22" and replacing with 17". 7. Condition 45 is amended by deleting "and for the construction of the parkette (Block 125). 8-12 8. Condition 52 is deleted and replaced with the following: "The Owner shall agree in the Agreement, to grant to the telecommunication provider any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing telecommunication facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements." 9. Condition 66 is amended by deleting "Regional Municipality of Durham" and replacing with "Municipality of Clarington". 10. Conditions 9, 23, 27, 29, 31, 66 a) and 66 c) are deleted and all other conditions there after will be renumbered consecutively. 11. Condition 66 b) is amended by deleting "48a), 48b), 48c), 49a), 49b), 49c), 50a) and 50b)" and replacing with "42a), 42b), 42c), 43a), 43b), 43c), 44a) and 44b)". 12. Condition 66 d) is amended by deleting "51, 54, 55, 56, 57, 58, 59, 60, 61, 62; 63, 64, and 65" and replacing with 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, and 59". 8-13 ATTACHMENT2 TO REPORT PSD-054-13 . CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2013- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2013-0018; NOW THEREFORE BE IT..RESOLVED THAT,the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto,the following new Special Exception 12.4.90: "12.4.90 URBAN RESIDENTIAL EXCEPTION (R1-90)ZONE Notwithstanding Sections 3.1 j. iv); 12.1; 12.2 a., b., c., d. I), ii), iii),f.,h., and I. ii),those lands zoned R1-90 on the Schedules to this By-law shall only be used for semi-detached dwellings and home occupations therein and shall be subject to the following zone provisions: a) Lot area (minimum) 540 square metres b) Lot Frontage (minimum) I) Interior Lot 18 metres ii) 'Exterior Lot 21 metres c) Yard Requirements(minimum) i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard 1.2 metres with private garage or carport; ---- ------ - 30 mew ou t private garage or carport d) Lot coverage(maximum) i) 1 Storey a) Dwelling 50 percent b)Total of all buildings and structures 55 percent ii) All Other Residential Units a) Dwelling 45 percent b)Total of all buildings and structures 50 percent 8-14 e) Height(maximum) i) 1 Storey 8.5 metres ii) All other residential 10.5 metres f) Height of floor deck of unenclosed porch above finished grade(maximum) 1.0 metre g) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwelling's front or exterior wall or covered porch except that 50% of the lots zoned R1-90 may have garage doors project to a maximum of 1.25 metres from the dwelling's front wall or exterior side wall or covered porch. ii) The outside width of the garage shall be a maximum of 40% of the width of the lot." 2. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE TWO (R2)ZONE" is hereby amended by adding thereto,the following new Special Exception 13.4.78: 13.4.78 URBAN RESIDENTIAL EXCEPTION (R2-78)ZONE Notwithstanding Sections 3.1 j. iv); 13.2 a., c..i), ii), iii), e., g., and h., those lands zoned R2-78 on the Schedules to this By-law shall be subject to the following zone provisions: a) Lot area(minimum) 360 square metres b) Yard Requirements(minimum) i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard with private garage or carport 1.2 metres on one side,0.6 metres on the other side; without private garage or carport,3.0 metres on one side 0.6 metres on the other side d) Lot coverage(maximum) i) 1 Storey a)Dwelling__ 50-percent b)Total of all buildings and structures 55 percent ii) All Other Residential Units a)Dwelling 45 percent b)Total of all buildings and structures 50 percent e) Height(maximum) i) 1 Storey 8.5 metres ii) All other residential 10.5 metres 8-15 f) Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre g) Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwelling's front or exterior wall or covered porch except that 50% of the lots zoned R2-78 may have garage doors project to a maximum of 1.25 metres from the.dwelling's front wall or exterior side wall or covered porch. 3. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)Zone"to"Urban Residential Exception (R2-78)Zone"; "Holding - Urban Residential Exception ((H) R141) Zone" to "Holding - Urban Residential Exception ((H)R1-90)Zone"; "Holding - Urban Residential Exception ((H) R1-41) Zone" to "Holding - Urban Residential Exception ((H)R2-78)Zone"; "Holding - Urban Residential Exception ((H) R1-41) Zone" to "Urban Residential Exception (R1-90)Zone"; "Holding - Urban Residential Exception ((H) R1-41) Zone" to "Urban Residential Exception(R2-78)Zone"; "Holding-Urban Residential Exception ((H) R2-12)Zone"to "Holding-Urban Residential Exception((H)R1-74)Zone"; "Holding-Urban Residential Exception ((H) R2-12)Zone"to "Holding-Urban Residential Exception ((H) R2-78)Zone"; "Holding - Urban Residential Exception ((H) R2-12) Zone" to "Urban Residential Exception (R2-78)Zone"; "Holding-Urban Residential Exception ((H) R2-19) Zone"to "Holding-Urban Residential Exception ((H) R1-74)Zone"; "Holding-Urban Residential Exception ((H) R2-20)Zone"to "Holding-Urban Residential Exception ((H)R2-78)Zone"; "Holding - Urban Residential Exception ((H) R2-20) Zone" to "Urban Residential Exception (R2-78)Zone'; "Holding-Urban Residential Exception((H) R2-21)Zone"to"Holding-Urban Residential Exception ((H) R2-78)Zone"; "Holding-Urban Residential Exception ((H) R2-21)Zone"to"Holding -Urban Residential Exception (132-78)Zone"; and - - -. - --- -- ;ding.—-Urban-tesidentiai-Exception +f)-R2-t9)done"-to-"1=nviroTymentat-'otect'o-n- (EP)Zone". 4. Schedule"A" attached hereto shall form part of this By-law. 8-16 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW passed in open session this day of J2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-17 This is Schedule 1 By-law 2013. passed this day YAM •;••.;�� iii .-'GJ i i ti7lr'�i ���� �� • Vii. ■ • S'' iiii`''3 %ii v% . iSl�iii`� • .�/iii/I�. Ir/M" ■ \\\ • • •- • • • • •- I�,,ml limin,lnnm nm.i �Y� is Y�Y =_=�I►s�gU� IIn► _.m=_ ngrrrcuo:nr �; _ E_Ir.!rnmul -a°7m ��_1&�N11==W=c �Innlnu0lu• �.^ :; oE3_ v.7x� •.wum Illllnun?;:+r71,�\%unm► ,. w�_ - ' w�� li/ ' y,� _ � Clarhwn REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-law#: Report#: PSD-060-13 File#: ZBA 2013-0021 Subject: AN APPLICATION TO CREATE ONE (1) RESIDENTAL LOT ON THE NORTH SIDE OF ORMISTON STREET, EAST OF OLD SCUGOG ROAD, IN HAMPTON APPLICANT: 562503 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-060-13 be received; 2. THAT provided there are no significant issues raised at the Public Meeting, it is recommended that the application to amend the Zoning By-law, be approved, and that the draft Zoning By-law Amendment, as contained in Attachment 1 to Report PSD-060- 13, be passed; 3. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-060-13 and Council's decision; and 4. THAT all interested parties listed in Report PSD-060-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by. a J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer BW/CP/df 17 October 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-19 REPORT NO.: PSD-060-13 PAGE 2 1. APPLICATION DETAILS 1.1 Owner: 562503 Ontario Limited 1.2 Applicant: CM Planning Inc. 1.3 Area: 0.517 hectares (1.27 acres) 1.4 Proposal: To permit the rezoning of a portion of the lands located on the north side of Ormiston Street, east of Old Scugog Road, in the hamlet of Hampton from Agricultural Exception "A-1" to allow for the creation of one (1) residential lot. 1.5 Location: The subject lands to this application are located on north side of Ormiston Street, east of Old Scugog Road, in Hampton (see Figure 1). FIGURE 1 N Property Location Map(Hampton) Subject Ste m2 G ® Subject Lands O� ZP4,^_013L 21 8-20 REPORT NO.: PSD-060-13 PAGE 3 2. BACKGROUND 2.1 In August 2013, 562503 Ontario Limited submitted an application to amend Zoning By- law 84-63. The amendment would allow for one (1) residential lot to be created. 2.2 In October 2010, Glarington Council approved an Official Plan Amendment, adopted by the Region of Durham in March 2011, to expand the Boundary of the Hamlet of Hampton on the north side of Ormiston Street, east of Old Scugog Road, and a Zoning By-law Amendment to change the zoning to allow for the creation of eight (8) hamlet residential lots from Agricultural Exception "A-1" to Residential Hamlet Exception "RH- 28". The subject lands were included in the Hamlet boundary expansion but were not included in the Zoning By-law Amendment, and are currently zoned Agricultural Exception "A-1". 2.3 In 2011, the applicants applied to the Durham Region Land Division Committee to sever eight (8) residential lots to the east of the subject lands. The eight (8) lots were severed from two parcels of land that are divided by an unopened road allowance (See Figure 2). Three lots were to be severed from Lot 1 and five lots were to be severed from Lot 2. In 2012, the severances were approved by Land Division Committee subject to conditions. One of the conditions of approval was to close the unopened road allowance and merge the two retained lands on title, forming one retained parcel. The applicant's appealed the conditions to the Ontario Municipal Board (OMB) because the two (2) retained lots, which would each be eligible for a building permit, would become one (1) lot and only be eligible for one (1) building permit. To address the building permit ' issue, the applicant's applied for an additional severance to create one (1) additional building lot, allowing the applicant's to maintain the same number of building permit rights. The application for an additional building lot, which staff did not object to, was granted by the OMB subject to the same conditions that applied to the eight (8) abutting lots and a condition that the new lot be rezoned to maintain the same development criteria of the abutting eight (8) lots. 2.4 In 2013, the applicant's applied to the Committee of Adjustment for variances from the maximum front yard setback and maximum permitted outside width of garage provisions within the RH-28 Zone for eight (8) lots to the east. The variances were denied by the Committee and appealed to the OMB by the applicants. The OMB heard the appeal on July 25, 2013, in a separate hearing from the previous consent appeal, and granted the applicant's appeal to permit a maximum front yard setback of fifty (50) metres and a maximum permitted outside width of garage of forty-five (45) percent of the dwelling where a garage door faces a street. The lands subject to the current application were not included in the minor variance applications for the eight (8) lots to the east; therefore the variances granted by the OMB do not apply to the subject lands. 8-21 REPORT NO.: GAS®-060-13 _ PAGE 4 RGURE 2 N� Lot 3 Lot 2 LU w LANEWAY 2 Q J Lot 1 ' Nv� s f H G .11 E �- 1f C D - B �. I+ 0� Lot 1 Lot 2 -Lot 3 Retained Subject Lands unopened Road Allowance Lots B To I Zoned RH-28 8-22 REPORT NO.: PSD-060-13 PAGE 5 2.5 In July 2013, Council approved a report from the Engineering Department, EGD-023-13, that approved, in principle, to close and convey the unopened road allowances as they were unlikely to be required by the Municipality. 2.6 The applicant's submitted this Zoning By-law Amendment application to fulfil the conditions of the severance application granted by the OMB earlier this year. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are located on the north side of Ormiston Street, east of Old Scugog Road in the Hamlet of Hampton. The lands are currently vacant with a few trees and long grass. 3.2 The surrounding uses are as follows: North - Woodlot South - Single Detached Residential Properties, Hampton Junior Public School East - Vacant, Future Single Detached Residential Properties West - Single Detached Residential Properties 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement identifies settlement areas, including hamlets, as the focus of growth. The subject application is consistent with the Provincial Policy Statement. 4.2 Greenbelt Plan The Greenbelt Plan recognizes that settlement areas in the Greenbelt are integral to the character of the rural and agricultural areas. While growth is to be focused in areas with municipal water and wastewater services, infill and intensification of Hamlets is permitted subject to appropriate water and sewage services. The subject application conforms to the Greenbelt Plan. 4.3 Provincial Growth Plan The Growth Plan provides a framework for accommodating major growth in settlement areas that offer municipal water and wastewater services, in an effort to build compact and complete communities. Growth in Hamlet areas serviced by private individual water and wastewater systems should be limited. The subject lands would have access via an existing local road and previous hydrogeological investigations demonstrated that the lands can be suitably serviced. The subject application conforms to the Growth Plan. 8-23 REPORT NO.: PSD-060-13 PAGE 6 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the lands as Hamlet within the Rural System. Hamlets are the predominant location for residential development in the rural area. The subject application conforms to the Regional Official Plan. 5.2 Clarington Official Plan Within the Clarington Official Plan the subject lands are designated Hamlet Residential which allows for individual land severances provided they do not jeopardize the future development of the hamlet. The Hamlet policies require a minimum lot size of 0.4 hectares and must meet the Durham Regional Department's requirements with respect to servicing, including providing a primary and reserve conventional tile field area and preparation of a technical report demonstrating no negative impacts on adjacent wells and septic systems. Access will be obtained via Ormiston Street which is an existing local road. The subject applications meet the intent of the Official Plan. 6. ZONING BY-LAW 6.1 The subject lands are currently zoned Agricultural Exception "A-1" in Zoning By-law 84- 63. The current zoning permits a single detached dwelling but would provide different development standards than the abutting future residential lots to the east. As set out in the conditions of approval by the OMB's decision the subject lands are required to be rezoned to ensure they are subject to the same development criteria as the eight (8) lots to the east. The OMB approved minor variances earlier this year, for the eight (8) lots zoned H-28 to the east, to permit a maximum front yard setback of fifty (50) metres and a maximum permitted outside width of garage of forty-five (45) percent of the dwelling, where the garage faces the street. As the appeals were for a minor variance the RH-28 zone regulations do not change to match the variances granted by the OMB. In order to comply with the Board's decision, the subject lands should be rezoned to a new site specific zone that will incorporate the provisions as laid out in the decision of the OMB. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. The public notices for this application were mailed on September 25, 2013, and the sign posted on the property by September 27, 2013, more than 30 days before the scheduled public meeting. 8-24 REPORT NO.: PSD-060-13 PAGE 7 At the writing of this report, Staff had received no inquiries regarding this application. 8. AGENCY COMMENTS 8.1 The Region of Durham Planning Department and Durham Health Department have reviewed the application and have no objection. 8.2 The Central Lake Ontario Conservation Authority (CLOCA) has reviewed the application and has no objection. The properties are located within CLOCA's regulated area and a permit has been submitted for site grading, servicing and construction of residential lots. 9. DISCUSSION 9.1 The proposed Zoning By-law Amendment conforms with all applicable Provincial policy and the policies of both the Durham Regional Official Plan and the Clarington Official Plan. 9.2 The Engineering Services Department and Emergency Services Department have confirmed that they have no objection to the approval of this application. The Engineering Department have commenced the process for closure of the unopened road allowance. 9.3 When the Official Plan Amendment was approved to expand the Hampton Hamlet Boundary in 2010 and the Zoning By-law Amendment was approved to zone the eight. (8) lots to the east, a Hydrogeological study and an Environmental Impact Statement were completed and reviewed by municipal staff, Durham Region and CLOCA. The Environmental Impact Statement identified a significant woodlot to the north of the subject lands that were not included in the hamlet boundary expansion. The Environmental Impact Statement also indicated that the subject lands did not contain any significant environmental features. The Hydrogeological study supported a total of ten (10) dwellings, eight (8) residential lots as well as one (1) dwelling on each of the two (2) retained lands. There will now be one (1) retained lot and nine (9) residential lots, which does not increase the number of dwellings that was contemplated in the Environmental Impact Statement and Hydrogeological studies. 9.4 The Zoning By-law Amendment is required as a condition of the consent approval issued by the OMB. The intent of the condition for a rezoning imposed by the OMB, in the decision to approve the consent application, was to ensure the subject lands are developed in a similar manner to that of the eight (8) lots to the east. To achieve this intent the subject lands should be zoned to reflect the variances approved by the OMB, in the decision to approve the minor variances. This requires a new site specific Residential Hamlet RH- 29 Zone. 8-25 REPORT NO.: PSD-060-13 PAGE 8 10. CONCURRENCE — Not Applicable 11. CONCLUSION 11.1 In order to allow for the development of one (1) residential lot that is consistent with the lots to the east it is proposed that the subject lands be rezoned to Residential Hamlet Exception "RH-29". 11.2 Provided there are no significant issues raised at the Public Meeting, and based on the comments in this report, it is recommended that the rezoning application submitted by 562503 Ontario Limited be approved, and that the draft Zoning By-law Amendment, as contained in Attachment 1 to Report PSD-060-13, be passed. 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 X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Brandon Weiler, Planner II Attachments: Attachment 1 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Carolyn Molinari Rick Rondeau Durham Regional Planning Department Municipal Property Assessment Corporation 8-26 ATTACHMENT TO REPORT PSD-060-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO,2013- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2013-0021; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. 9.3.29 RESIDENTIAL HAMLET EXCEPTION (RH-29)ZONE Notwithstanding the provisions of Sections 9.2 c. (1), on those lands zoned "RH-29" on the Schedules to this By-law shall be subject to the following zone regulations: a. Yard Requirements i) Front Yard a) Minimum 10 metres b) Maximum 50 metres b. Garage Requirements i) Where an attached garage faces a street the maximum permitted outside width of the garage shall be 45%of the total width of the house. 2. Schedule "T"to By-law 84-63, as amended;is hereby further amended by changing the zone designation from "Agricultural Exception (A-1) Zone" to 'Residential Hamlet Exception (RH-29)Zone"as illustrated on the attached Schedule"A"hereto. 3. Schedule"A"attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW passed in open session this 4`h day of November,2013 Adrian Foster, Mayor Patti L. Barrie,Municipal Clerk I 8-27 This is Schedule ®® " to By-law 013® , passed this day of , 2013 A.D. Y� dy a 5� oe' N ® Zoning Change From"A-1"To"RH-29" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk e w` IV a� g Hampton , ZBA2013-0021 p SCHEDULE7 8-28 Clairhwn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-law#: Report#: PSD-061-13 File#: PLN 39.5 Subject: PRIORITY GREEN CLARINGTON — UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-061-13 be received for information. b Reviewed b ,) i'7,—ce L Submitted y. y David VCrome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer ACB/COS/df 22 October 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-29 REPORT NO.: PSD-06113 PAGE 2 1. PURPOSE 1.1 The purpose of this report is to update Council on the progress of PRIORITY GREEN Clarington and to inform Council of the results of the recent PRIORITY GREEN Clarington Community Survey. 2. BACKGROUND 2.1 Recognizing the financial, environmental, and social challenges associated with the traditional pattern of suburban growth, Council endorsed the PRIORITY GREEN Clarington initiative which will push future residential growth in a more sustainable and compact pattern that would also conform to the new policy directions of Ontario's Growth Plan for the Greater Golden Horseshoe (2006) and Regional Official Plan. 2.2 PRIORITY GREEN Clarington is an initiative driven by the Municipality's Official Plan, Council's Strategic Plan and the Green Community Strategy. On January 23, 2012 (PSD-007-12), Council passed a resolution and allocated funding to support the Municipality's applications, in partnership with the Region of Durham, to the Ontario Government's Showcasing Water Innovation program and the Federation of Canadian Municipalities Green Municipal Fund. The Municipality has successfully entered into grant funding agreements with both parties for this project, to be carried out over a two year period concluding in the first quarter of 2015. 3. PROJECT VISION AND APPROACH 3.1 PRIORITY GREEN Clarington aims to set a new standard for residential development that prioritizes sustainability, promotes innovation, and improves the community's quality of life. It embraces the important role that municipalities can play in advancing the opportunities associated with "green home" and "green neighbourhood" design and construction practices. "Green" homes and neighbourhoods use products and design approaches that contribute to community benefits, such as energy efficiency, water conservation, improved air quality, resource conservation, and land preservation. 3.2 The greening of homes and neighbourhoods in Clarington is an important part of locally addressing climate change and infrastructure challenges, protecting the environment, and improving our health as we plan our community to the year 2031. In addition, green homes and neighbourhoods lead to municipal infrastructure and service efficiencies and financial savings for homeowners through reduced operating costs. 8-30 REPORT NO.: PSD-061-13 PAGE 3 3.3 To achieve this vision, PRIORITY GREEN Clarington involves: • Identifying goals, targets, and guidelines for green homes and neighbourhoods within both new neighbourhoods and existing areas in Clarington; • Reviewing current land development application and permit processes, policies and guidelines to identify opportunities for supporting green homes and neighbourhoods; • Collaborating with Municipal and Region of Durham staff, green design and building specialists, and the land development and building community to define specific criteria for what qualifies as a "green application;" • Considering a variety of potential incentive mechanisms to encourage the voluntary adoption of these criteria; • Contributing to the growing collection of knowledge about the opportunities and challenges associated with green home and neighbourhood practices through the execution of a demonstration project; and • Ongoing engagement of the community, ensuring effective two-way communication. 3.4 Planning for increased densities within Clarington's existing urban areas and in new neighborhoods is a key component of provincial and regional policies. As such, PRIORITY GREEN Clarington will also strive to increase awareness and understanding of the importance of higher density development and its role in designing liveable neighbourhoods. 4. WORK PROGRAM STATUS 4.1 Establishment of Internal and External Collaboration Groups Given the wide breadth of knowledge and expertise required for this type of undertaking, two collaboration groups, a Staff Working Group and a Technical Advisory Committee have been established. The Staff Working Group is comprised of Municipal and Region Staff who are involved in the development process. The Technical Advisory Committee is comprised of technical and industry experts with practice and knowledge in green home and neighbourhood practices, including local conservation authorities, utility providers, post-secondary institutions, and representatives of the land development and building community. A listing of Staff Working Group and Technical Advisory Committee members is provided as Attachment 1. 4.2 Communication & Consultation Strategy Community consultation is one of the key objectives of PRIORITY GREEN Clarington and an important component of the Municipality's commitment to our funding partners. Ensuring that the community embraces sustainable practices requires working with and involving the community throughout the process. To achieve this, a Communications & Consultation Strategy has been prepared, providing a framework 8-31 REPORT RIO.: PSD-061-13 PAGE 4 to guide on-going engagement. This engagement strategy is also designed to meet the requirements of our funding agencies the Ontario Government (Showcasing Water Innovation Program) and the Federation of Canadian Municipalities (Green Municipal Fund). The strategy includes a variety of communication and consultation activities in order to effectively engage stakeholders and the broader Clarington community. These include a community survey, use of web-based tools (e.g. website and social media), newsletter and article publications, attendance at tradeshows and other events, and presentations to Council. In addition, two phases of"face-to-face" discussions will be held. The initial phase aims to ensure that everyone in Clarington has an opportunity to become involved in the project from its outset, and to participate in creating a vision for building liveable neighbourhoods in Clarington. The subsequent phase will present to the public proposed Green Neighbourhood Development Guidelines for Clarington, as well as related policies and incentive mechanisms for feedback. At the time of writing, the Communication & Consultation Strategy was complete in draft and undergoing review by the Staff Working Group and Technical Advisory Committee. 4.3 Green Demonstration Project In addition to addressing policy aspects, PRIORITY GREEN Clarington also involves a demonstration project. The demonstration project aims to install or implement a selection of green measures for water, energy, air quality, storm water and resources in a sample of new homes constructed locally. Following construction the homes will be sold and performance monitoring carried out. Monitoring and evaluation of these homes under "real life" conditions will provide an opportunity to evaluate the potential environmental and economic benefits of green design and construction practices and their potential impact on overall community sustainability. Potential benefits of the Green Demonstration Project and dissemination of the outcomes of the initiative include: • Supporting local builders to establish a reputation for building sustainable homes; • Contributing to building local capacity amongst builders, engineers, architects and trades about building greener homes and neighbourhoods; • Educating residents about green home and neighbourhood practices to look for when purchasing a new home, or in some cases to consider when undertaking repairs or upgrades town existing home; • Creating market support for green technologies and techniques; and • Demonstrating municipal leadership in environmental protection and sustainability. This summer, with the assistance of the Durham Region Home Builders Association, the Municipality distributed a call for partners in order to identify a member of the local land development and building community interested in participating in the Green Demonstration Project. Potential interest was received from Brookfield Homes, Halminen Homes, and Jeffery Homes. 8-32 REPORT NO.: PS®-061-13 PAGE 5 4.4 Community Survey 4.4.1 Purpose Community support for the development of green homes and neighbourhoods is critical to the success of PRIORITY GREEN Clarington. As a first step to involving the community, Oraclepoll Research was retained to conduct a community survey. The executive summary is attached (Attachment 2). A full copy of the survey is available on request. The community survey aimed to measure the awareness and attitudes regarding green home and neighbourhood concepts. It sought to understand how green concepts factor into residents decision making when undertaking home improvements or buying a new home, and what green features residents would like Clarington neighbourhoods to have. In addition, the community survey also gauged perceptions of and community support for increased densities within Clarington's existing urban areas and in new development. Lastly, the community survey solicited feedback on the Municipality's role as it relates to protecting the environment and promoting energy conservation. 4.4.2 Method and Response Rate The survey was completed through telephone interviews and was made available online. Telephone interviews were conducted between August 12 and August 20, 2013. The telephone survey included 1,000 randomly selected households distributed geographically to ensure statistical validity for each of Clarington's four urban areas and the rural area. The online survey provided an opportunity for residents who were not polled by telephone to provide feedback. A total of 44 online surveys were completed. The geographic distribution of survey participants (telephone and online) is shown in Figure 1A. For comparison, household counts by area are shown in Figure 1 B. Figure 9A: Geographic Distribution Figure 1B: Geographic Distribution of of Survey Participants Clarington Households (2011 Census Data) O they Areas Other Areas 19/(19%) _ 19% cf^p Orono Orono Bowmanville Bowmanville 2% 33(3%) 431(41%) 41% ( i Newcastle Newcastle 10% 990%) Courtice Courtice 284(27%) 28% 8-33 REPORT NO.: EISD-06 -13 PAGE 6 4.4.3 What We've Heard 4.4.3.1 The Challenges of Growth Clarington's "small town feel" is a key community attribute for many of the Municipality's residents. Residents surveyed in both 2008 and 2013 identified this, along with other similar characteristics, amongst the things they enjoy most about Clarington. Related characteristics that have consistently been valued by residents include Clarington's quiet nature, its proximity to and amount of open space, natural areas and trails, and its rural landscape. The top three characteristics enjoyed most by residents in the 2008 and 2013 planning surveys are highlighted in Figure 2, below. Figure 20 .Top Three C hc-@rac��crrisdc s ( Wj o yed by 0coi ing9on N,esjdakwg� %)0 0 a) 2013 Small Town Feel Small Town Feel �j Outdoors / Openness / Quietness //mss Greenspace 3 Rural / Country Style Outdoors / Openness/ Greenspace 4th place ranking 6th place ranking As Clarington's population continues to rise, residents consider appropriate planning for development, including managing urban sprawl, to be one of the most important challenges facing the community. Residents surveyed in 2006 and 2008 identified planning for development/addressing urban sprawl as Clarington's greatest challenge. In 2013, traffic congestion has emerged at the forefront of resident opinion. However, planning for development remains amongst the top three challenges cited. The top three growth related challenges perceived by residents in the 2006, 2008 and 2013 planning surveys are highlighted in Figure 3, below. Figure 3 loop Three Perceived Challenges Facing Clarington As It Grows 2006 2006 20013 Planning / Urban Planning / Urban Traffic Congestion Sprawl - I-Sprawl Traffic Congestion Traffic Congestion \ Planning / Urban � - � Sprawl qInfrastructure / Maintain Small Town Infrastructure / Services Atmosphere Services t°3 n,. REPORT NO.: PSD-061-13 PAGE 7 4.4.3.2 Support for Green Development Greener Homes Residents support the "greening" of both the existing housing stock and new homes. This is evidenced by an expressed willingness to invest in green practices, both today and in the future. 69% of those surveyed indicated they are likely or very likely to incorporate greener practices into their homes while undertaking repairs and /or renovations. Furthermore, 70% of those who undertook renovations last year made green improvements. Green improvements included energy efficiency (e.g. new windows, insulating) and water conservation (e.g. installation of low flow fixtures, drought resistant landscaping) measures, as well as green product choices. When asked in an open-ended format about the greatest barrier that challenges residents' ability to make their current homes greener, more than half of respondents (52%) indicated cost. With respect to future investment, two thirds of residents say they would be willing to pay more for a new home that has been built to a higher green standard than is currently required by the Ontario Building Code. As indicated in Figure 4, 99% of respondents between 25 and 34 years indicated the greatest willingness to pay up to 10% more, while 32% of respondents 65 years of age and older were least willing. 66% of residents would be willing to pay more for a greener home, but at the same time 52% indicated that cost is the greatest barrier for them. Figure 4: Percentage Indicating a Willingness to Pay More for a New Home that is "Greener" then Required by Ontario Law (by age) 55% a 99% 3 +" •. 72% 32% t 8-35 REPORT NO.: PSD-061-13 PAGE 8 4.4.3.3 Green Neighbourhoods Green neighbourhoods are pedestrian friendly and transit oriented, contain a mix of uses and housing types, take into consideration low impact development techniques and contain easy access to parks and open space. Clarington residents value many of these green neighbourhood features. When asked to select one priority amongst a list of neighbourhood features, a desire was expressed for active living elements. The list of neighbourhood features presented to respondents is shown in Figure 5 in order of priority. Two of the three highest ranking neighbourhood features, "proximity to parks, open spaces, natural areas and/or recreation facilities", and "pedestrian friendly design", are considered active living elements. Figure 5: Priority Ranking of Neighbourhood Features For New Home Buyers OEM 0761121—M�MNM 27% M w n . . 15% 7% .3% Uniformity of h.^,using type Looking specifically at the concept of"walkability", 72% of Clarington residents indicated that they considered the design of walkable neighbourhoods in Clarington to be very important when asked to rank their opinion. It appears that the concept of mixed use neighbourhoods with easy access to facilities and jobs is not as well understood as an element of living more sustainably. 4.4.3.4 Support for Higher Densities The Growth Plan for the Greater Golden Horseshoe (2006) and the recently approved Regional Official Plan call for a significant portion of growth to take place within existing urban areas (referred to as "intensification"), while simultaneously requiring higher density forms of development in new development areas (referred to as "greenfield" growth). 8-36 REPORT NO.: PSD-061-13 PAGE 9 Clarington residents are concerned about higher density buildings. Over the past 10 years, new development has proceeded at higher densities than in the past. However this has been achieved by maintaining the same type of dwellings, but reducing the lot sizes. A higher density approach to development represents a significant change from the development pattern currently seen in Clarington. Based on the results of the community survey, 59% of residents deemed low-rise apartments or condos (3-6 floors) an unacceptable form of housing in their neighbourhood (assuming sufficient land was available) (refer to Figure 6 below). Figure 6: Percentage Opposing Housing Type Options In Their Own Neighbourhood 59% 48% 29% 9% When asked about the acceptability of housing type options for lands sitting'at the edge of our existing urban areas (i.e. greenfield growth), 47% of residents surveyed indicated opposition to townhouses and/or low-rise apartments/condos (3 — 6 stories) being built. Of those opposed to the development of townhouses and/or low-rise apartments/condos in greenfield areas, Bowmanville had the highest level of support. Newcastle residents expressed the lowest level of support. The level of opposition indicated by each of the five geographic areas examined by the survey is shown in Figure 7. 8-37 REPORT NO.: PSD-061-13 PAGE 10 Figure 7: Percentage Opposing Higher Density Housing Type Options Within the Areas at the Edge of Clarington's Existing Urban Areas, As Expressed by Geographic Areas Surveyed Survey Respondents'Geograpliic Area Nearly half(45%) of the concerns expressed regarding higher density forms of development relate to perceived impacts on residents quality of life. Traffic congestion, crowding, and diminished privacy were the top three quality of life concerns cited. Other perceived concerns can be categorized as follows: • adequacy of infrastructure / access to services (e.g. retail services, public transit); • environmental (e.g. loss of natural areas) • social (i.e., increased crime); and • economic (e.g. negative impact on property values, job availability, tax increases). Based on further examination of respondent's opinions regarding different approaches to development, the Municipality is able to gain a better understanding of where support for higher density development may lie. As indicated in Figure 8, Clarington residents will support low-rise apartments / condos (3 — 5 stories), but primarily within town centres and along Regional corridors. 8-38 REPORT NO.: PSD-061-13 PAGE 11 Figure 8: Percentage Opposing higher Density Fortes of Development 37% 51% s 59% "::ta n• c o ,oa etM Note: The "Don't Know" responses are excluded and percentages recalculated. Generally there was a significant percentage (around 20%) that were neutral with the exception of the question regarding the respondents current neighbourhood, where only 8% were neutral towards apartments. 4.4.3.5 The Biq Contradiction The survey results highlight a contradiction Clarington residents strongly value in respondent's opinions. While the majority protecting the environment and indicated opposition to a higher density agricultural lands as opposed to approach to development, the survey results continuing with low density also indicate strong support for neighbourhoods. environmental protection and the protection of agricultural land. As previously mentioned, "small town feel" and relationship to open space and rural areas are key attributes enjoyed by residents. Further, preserving green spaces within Clarington has been cited amongst the list of growth- related challenges in previous surveys conducted by the Municipality in 2006 and 2008, as well as the 2013 community survey. However, when asked in the 2013 survey to make a choice between protecting the environment and preventing loss of agricultural land or continuing to build lower density neighbourhoods primarily comprised of single detached homes, 79% of respondents placed a higher priority on protecting the environment. This illustrates the need to create awareness about the importance of higher density development and its role in designing liveable neighbourhoods and upholding what Clarington values. 8-39 REPORT NO.: PSD-061-13 PAGE 12 This contradiction is further enhanced on the questions regarding the social character of the community. ® 90% of residents want to remain in the community as they age or downsize. ® 84% want the children or their parents to be able to reside in the community as they get older. a 76% want to allow families with different income levels. All of these social character questions require a range of housing options and, in particular, apartments and townhouses. 4.4.3.6 Residents want Clarington to Lead in Environmental Issues Clarington resident want to see Clarington as an environmental leader. Residents were asked whether Clarington should become a leader in environmental issues and become the greenest community in Ontario. More than three quarters (76%) of Clarington residents agreed or strongly agreed that this was a role the Municipality should fulfill (Figure 9). Figure 9 Percent rating of Agreement with the Statement "Clarington should become a leader in environmental issues and become the greenest community in Ontario" 48.4% 27.6% 13.6% 39% 49% k Strongly Disagree Neutral Agree Strongly-Agree Disagree 5. NEXT STEPS 5.1 Priority Green Clarington 2013 Symposium A PRIORITY GREEN Clarington 2013 Symposium has been organized for October 31, 2013. This event will bring together the Staff Working Group and Technical Advisory Committee members, government agencies, developers and builders, and community leaders for a day focused on learning, networking and collaboration. The PRIORITY.GREEN Clarington 2013 Symposium will set a foundation for Building Liveable Neighbourhoods in Clarington. To achieve this, the symposium will: 8-40 REPORT NO.: PSD-061-13 PAGE 13 • Present perspectives of the outward pressures of growth in the Greater Toronto Area and the resulting importance of planning for sustainability; • Share experiences from other Ontario municipalities who have implemented their own green home and neighbourhood guidelines and incentive approaches; • Explore the sustainability benefits of higher density communities for new growth and intensification in existing urban areas; • Share best practices of how home builders are keeping ahead of Ontario's mandated energy and water conservation requirements, while balancing customer demands and affordability; and • Enhance understanding of the opportunities and challenges that the Municipality may encounter. To date, the Municipality has received great support from our project partners for this event, including moderation of our two discussion panels by Daniel Hoornweg, Associate Professor and Jeff Boyce Research Chair with the Faculty of Energy Systems and Nuclear Science at the University of Ontario Institute of Technology, and Bill Humber, Director of the Office of Eco-Seneca initiatives at Seneca College of Applied Arts and Technology. 5.2 Public Consultation Planning is already underway for the first of two planned phases of "face-to-face" discussions with project stakeholders and the broader community. The initial phase aims to inform the community of PRIORITY GREEN Clarington's goals and objectives, to ensure that everyone in Clarington has an opportunity to become involved in the project from its outset, and to raise awareness about the foundations of sustainability as it relates to residential land development. The subsequent phase will present to the public proposed Green Neighbourhood Development Guidelines for Clarington, as well as related policies and incentive mechanisms for feedback. 5.3 Green Demonstration Protect Collaborative discussions are now underway with all three builders in order to define the final project parameters and work plan, and to confirm partner interest. Staff are also considering the possibility of retrofitting an existing home(s).as a secondary component of the demonstration project. 6. CONCURRENCE — Not Applicable 7. CONCLUSION 7.1 To date, the PRIORITY GREEN Clarington initiative has taken many important steps to establish a strong foundation for execution of the project. Over the remainder of 2013, PRIORITY GREEN Clarington will finalize the framework for the Green Demonstration Project, continue to collaborate with the local land development/ building community, and undertake the first of two important phases of community and key stakeholder engagement. 8-41 REPORT NO.: PSD-061-13 PAGE 14 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington X Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Carlos Salazar/Amy Burke Attachments: Attachment 1 — Staff Working Group and Technical Advisory Committee Member Listing Attachment 2 - Executive Summary PRIORITY GREEN Clarington Community Survey Report (Oraclepoll Research Ltd., October 2013) List of interested parties to be advised of Council's decision: Glen Pleasance, Water Efficiency Coordinator, Works Department, Region of Durham 8-42 Attachment 1 To Report PSD-061-13 PRIORITY GREEN Clarington STAFF WORKING GROUP MEMBER LISTING Municipality of Clarington Amy Burke, Sustainable Development Coordinator Leslie Benson, Manager, Transportation & Design David Crome, Director, Planning Services Carlo Pellarin, Manager, Development Review Rick Pigeon, Chief Building Official Carlos Salazar, Manager, Community Planning & Design Cindy Strike, Principal Planner Region of Durham Dwayne Campbell, Project Planner, Planning & Economic Development Department Mike Hubble, Development Approvals Engineer, Works Department Glen Pleasance, Water Efficiency Coordinator, Works Department TECHNICAL ADVISORY COMMITTEE MEMBER LISTING Affiliation Representative Building Industry and Land Development Natalie Boodram, MMM Group Association (BILD) — Durham Chapter Jason Cheng, Glen Rouge Homes Central Lake Ontario Conservation Authority Chris Darling, Director, Development Review and Regulation Durham College, School of Technology Ross Stevenson, Professor Durham Region Home Builders' Association Anita DeVries, Executive Officer, DRHBA (DRHBA) William Greig, Brookfield Homes Scott Jeffery, Jeffery Homes Katrina Metzner Yarrow, Halminen Homes Bob Stewart, Brookfield Homes Enbridge Gas Distribution Inc. Scott Bullock, Channel Consultant, Business Development & Customer Strategy, Residential and Builder Markets Ganaraska Region Conservation Authority Mark Peacock, Director, Watershed Services Seneca College of Applied Arts & Bill Humber, Director, OESi Technology, Office of Eco-Seneca initiatives (OESi) University of Ontario Institute of Technology Daniel Hoornweg, Associate Professor and (UOIT); Faculty of Energy Systems and Jeff Boyce Research Chair Nuclear Science Veridian Connections Eryn Wishnowski, Conservation Specialist 8-43 Attachment 2 To Report PSD-061-13 t GENERAL CHALLENGES BENEFITS Respondents were first asked a sequence of questions to gain an understanding of their general opinion of living in Clarington, including both perceived challenges and community benefits. "What do you feel is the most important challenge facing Clarington as its population continues to grow?" . . o. Traffic flow/congestion 20% Plnning/balanced a development/:growthlspraw� <. Infrastructure/services 15% Green space preservatlo /parks I farmland 14%r Public transportation 8% The most named challenge in this survey period is traffic flow and the related theme of congestion up 20% from 12% in 2008 and 12% in 2006. The next most named topic was planning, growth and containing sprawl which was raised by 16% of respondents similar to 2008 (13%) and 2006 (15%). Next issue is the infrastructure services (including comments of infrastructure in general and the topic of roads and road networks to meet a growing community) at 15%; more than doubled compared to 7% in the previous 2008 survey (9% in 2006), and the preservation of green space along with farmland at 14% (9% in 2008 & 7% in 2006). Those in Bowmanville (25%) and Orono (33%) most cited traffic /flow/congestion as the most important challenge, those in Courtice most feel it is the infrastructure (25%), while respondents in Newcastle (32%) and the rural area (28%) said that green space preservation / parks / farmlands (32%) is the biggest challenge facing Clarington. When comparing the challenges named by residents, the notable increases during the 2013 survey period was the traffic or congestion and green space or agricultural preservation. As a frame of reference it is worth noting the results from the previous two survey touch points. In the 2006 survey conducted by Oraclepoll for the Municipality, planning for the community by having a balanced approach to development and growth was named by 15% of residents as the most important challenge. 11% of respondents said traffic congestion, 9% infrastructure, 9% PRIORITY GREEN Clarington Community Survey Report 8 8-4 o • • • education needs such as 'new schools, 8% road maintenance, 6% jobs and 6% alternative modes of transportation. In 2008, the most named challenge was planning for growth and development (13%), while an almost equal number cited concerns over congestion or traffic flow (12%). Other issues included the need to maintain a small town atmosphere (8%), keeping up with infrastructure or services (7%) and public transportation (6%). Respondents were asked what they most enjoy about the community "What do you enjoy most about the community?" Most Enjoy .p Five) 2013 Small town feel 27% Outdoors/green space/open trails etc 12% �Gor� �nrty��eople.,� i�r�ndh•ess .- ���� ��,��1% � � Proximity to amenities/services 10 The small town feel or atmosphere is still seen as being the greatest benefit of living in the community by 27% of respondents (25% in 2008), followed by it being quiet (14% as compared to 9% in 2008), the outdoors and green space (12% as compared to 9% in 2008), its location to amenities and services (10% as compared to 9% in 2008) and being in a rural or country setting (9% as compared to 10% in 2008). Results from this question are referenced to the 2008 survey where the baseline was established. PRIORITY GREEN Clarington Community Survey Report 9 0. W 0 9 0 0 0. • 0. 4� 8-45 GREED HOME KNOWLEDGE & UNDERSTANDING A series of questions was then asked in order to better understand respondent's familiarity with green home concepts and practices. Respondents were asked to provide ways that they feel would make their home more energy efficient. The following table includes the combined results from up to three verbatim responses provided. "There are a variety of ways to make homes more energy efficient. What ways are you most familiar with?" Energy Efficiency Measures . . Have good windows and doors 14% Energy efficient appliances 11 Conserve electricity 7% When asked about what ways that they were most familiar with in respect to making their homes more energy efficient, the most named were having energy efficient windows and doors (14%), insulation (14%) and energy efficient appliances (11%). In this open ended question most residents, with tangible efforts, identified making changes to their home such as improving insulation/weather proofing or having good quality windows and doors and appliances as ways to be more energy efficient. The third theme residents most identified with included conservation measures such as using less air conditioning and off peak usage or hanging clothes out as opposed to a dryer. The use of alternative energy sources was another means cited that included solar, geothermal and wind power. In all, only 9% of responses related to means that would not be considered "energy efficiency" practices (e.g recycling and water conservation). PRIORITY GREEN Clarington Community Survey Report 10 $-49 o 0 0 0 Respondents were then asked to rate their level of knowledge of each of the following green concepts for a home. `Please rate your level of knowledge and understanding of each of the following green concepts for a home using a scale from 1 — 5, one meaning you have no knowledge at all to five meaning you have expert knowledge." Total Knowledge(Some and Expett) % Water conservation measures, such as High Efficiency toilets and 64% fixtures Collecting rainwater for watering your lawn or garden and landscaping 58% with native plants Renewable energy options, such as solar or geothermal power 41% Building materials and home products that are better for the environment, made from recycled materials, and/or low emitting of 26% odours and fumes Reducing the amount of rainwater runoff from your property into the storm sewer, such as using permeable pavement to allow water to 22% soak into the ground, or creating rain gardens on your property Water reuse systems, such as a grey water recovery for lawn watering 20 or toilet flushing Residents were most aware of water conservation measures including High Efficiency Toilets and fixtures (64%), followed by collecting rainwater for outdoor use (58%) and renewable energy options (41%). Results indicated that respondents were less knowledgeable about environmentally friendly building materials (26%), methods for reducing rainwater runoff from a property (22%) and finally water reuse systems (20%). PRIORITY GREEN Clarington Community Survey Report 11 9 0 9 0 40 0 0 • 8-47 MAKING GREED[ CHQI CES q HOMES Residents were asked a series of questions that examined whether respondents considered green improvements when undertaking repairs and/or renovations around their current homes. Vf you were undertaking home improvements, howlikely is it that you would make changes to make your home greener at the same time?" 1% 69% 15% 16% 0% 20% 40% 60% 80% 100% ■Total not likely N Neither likely nor unlikely ■Total likely 1M Don't know Almost seven in ten or 69% would be likely or very likely to make changes to their home to make it greener if they were also undertaking home improvements. Those respondents that claimed they were likely to make green improvements (69% total) were then asked if they had made green enhancements to their home of which a total of 79% said they did. The youngest respondents were most likely to make their home greener, as 100% aged 18-24 said that they would be likely to undertake green home improvements. When reviewing the other age cohorts, the next most likely group was those 45-54 (81%), followed by 25-34 year PRIORITY GREEN Clarington Community Survey Report 12 $-49 ! • 4 0 ♦ 0 0 0 0 SEEM -. olds (73%), 55-64 year olds (69%), respondents 35-44 (62%), while residents 65 and over (61%) were least likely. Respondents were also asked if they had undertaken any home improvements in the past year. Slightly more than half of respondents (51%) acknowledged doing so. Among'thos6 who undertook these home improvements (51%), 69% said that they also did green upgrades. "What improvements did you make?" . . 5 improvements New windows and doors 19% T-77 7 I WIN ,e ��. e�aico dt�anr � � 5% Used green/recycled products during renovations 14% New insulation/weatherproofing 12% a A total of 91% of those 25-34 made green improvements, followed by respondents 55-64 (73%), 35-44 (72%), (45-54) 71%, and 65 and over (55%). While the youngest citizens or those 18-24 claimed to be most inclined to make green home improvements, only 18% have done so in the past year. When then asked about these green improvements-19% said that they installed new windows or doors, 18% added a new furnace or air conditioner; 14% used green or recycled products, 12% put in new fixtures or low flush toilets, 12% added or upgraded insulation and 11% changed their lawn to drought resistant landscaping. PRIORITY GREEN Clarington Community Survey Report 13 . 8-49 All respondents were questioned in an open format probe about what, if anything, is stopping them from making their home greener. r "What is stopping you from making your home "greener", so that it uses energy, water, land and resources more efficiently and is a healthier home?" . . Five Bamfers Don't know/nothing 18% �#fready d�rng every€�irng I G� � P .. �'��`�"�'.,��"-�s>. "t��''?�;:. "'. al°�d^��'� ..e- „�,� ti-.��•r;�?��;". `s � `sue,>c,... ,^ -c:5' _ Need more information 6% Cost was the most cited barrier by more than half (52%) of respondents, while 18% were unaware of or did not know. A total of 10% claimed that they are already doing everything that they can, while 5% said that they need more information and 4% said it is not a priority. Another 2% said nothing prevented them. A total of 73% of those aged 35-44 years cited cost, as did 65% of 45-54 year olds and 55% of those aged 18-24. A lesser 46% of residents 65 and over named cost, as did 38% of residents 55-65, with the lowest number of those citing cost being in the 25-34 year old group at 37%. PRIORITY GREEN Clarington Community Survey Report 14 p Respondents were asked about the likelihood of them using each of the following methods of payment to help pay for the cost of green improvements to their home. "How likely is it that you would use each of the following methods to help pay for the cost of making green improvements to your home.' Please use a scale from 1 —5 where one is not at all likely and five is very likely?" Likelihood . . • i •Use Neutral Unlikely Likely know Grants or rebates from your local utility provider 18% 16% 65% 2% xp f0 4 y(3ursel ao ��.9�Q� m2� A low interest government loan that you repay 63% 18% 10% 1% through your property tax bill Most or 65% favored a grant or rebate from a utility provider, while a distant second would use a pay as you go approach and only 10% a low interest government loan. When reviewing the results of respondents that claimed cost was a barrier to making their home greener, 66% would be likely to use grants or rebates from their local utility provider, 33% paying for it themselves and 28% would be likely to take advantage of a low interest government loan. Respondents were then asked about their willingness to pay more for a new home built with green practices that exceed the provincial building code requirements. A total of 35% would pay up to 5% more, 22% 10% more and 9% more than 10%, while 28% would not pay any more and 7% were unsure or did not know. PRIORITY GREEN Clarington Community Survey Report 15 MAKING GREEN CHOICES- NEIGHBOURHOODS In addition to gaining an understanding of perceptions as it relates to making green choices around a home, respondents were asked a selection of questions to gauge whether green neighbourhood concepts are important to residents. Walkable neighbourhoods were defined as neighbourhoods that support people to walk to amenities, like a convenience store or school, or to go for a walk or bike ride. A very high 91% of residents feel that it is important for their neighbourhood to be walkable. "Walkable neighbourhoods support people to walk to amenities like a convenience store or school or go for a walk or bike ride. Would you say that your current neighborhood is a walkable neighbourhood or a car- oriented neighbourhood?" 23% 34% 44% 0% 20% 40% 60% .80% 100% ■Walkable ■Car-oriented E Both A total of 44% of respondents are of the opinion that their neighbourhood is walkable compared to 34% that said it is car oriented, while 23% claim that it's both walkable and car focused. Car oriented neighbourhood opinions were predominantly received from respondents living in Orono and Clarington's rural area (%of the total number of car-oriented responses). PRIORITY GREEN Clarington Community Survey Report 16 8-51 � � � 0 0 q. �7 :.; .. . Respondents were also asked about neighbourhood features that would be most important to them if they were buying a new home. They were read the following list and were asked to choose the most important. "If you were in the market to-buy a new home, which of the following neighbourhood features would be most important to you?" Neighbourhood Proximity to parks, open spaces, natural areas, and/or recreational facilities 27% 122 e f d v rw reetre�es, sr�etig Ong W1, , Privacy from neighbours 151 gf �; KIM Access to transit 8% Ease of access to highways or major roadways 7% Uniformity of housing type, like all single detached houses 3% The most important feature selected was the proximity to parks, natural areas and recreation facilities, next followed by a neighbourhood with a pedestrian friendly design and privacy from neighbours. Of least importance was the uniformity of housing type (i.e. all single detached houses or a mix of townhouses and semis). 18-24 year olds were most inclined to name the proximity to parks, natural areas or open spaces (42%), as were those aged 45-54 (40%) and 25-34 (38%). Respondents 35-44 most cited having a pedestrian friendly design (30%). When then asked in an open ended question about the single thing that they would change about their current neighbourhood, 23% did not know of anything and a further 18% said that they would change nothing. Among those with an opinion, 6% named less traffic, 6% larger property sizes, 6% improved roads, 5% more shopping or services, 5% improved public transit and 4% named each of lower speed limits, more green spaces and better or more sidewalks. PRIORITY GREEN Clarington Community Survey Report 17 0. . . . . . . . 8-53 a3 �. ,..�... _ ... .. ' Questions were then asked about children and driving them to school, "Do you currently drive your children to school on a regular basis?" 42% 46% 12% 0% 20% 40% 60% 80% 100% ■Yes ■No IM Not applicable A total of 12% of all residents regularly drive their children to school. Among these respondents, the most cited reason for doing so related to timing (26%), followed by convenience (16%), being more economical (16%), the distance of the school or being too far to walk to (15%) and that the school is out of the area or community (15%). A total of 9% said that their children changed schools and 3% cited health reasons. A total of 35% of Courtice residents drive their children to school as do 31% of Bowmanville residents and 24% in.the rural areas. However, a significant lower amount of residents in Newcastle (5%) and Orono (3%) choose to transport their children. PRIORITY GREEN Clarington Community Survey Report 18 8-j ---------- FUTURE GROWTH PATTERNS Respondents were read the following preamble about growth and were then asked follow up questions about their support for measures to accommodate it. "By the year 2031, Clarington's population is forecasted to grow to 140,400 people, a 60% increase from 2011. This will require approximately 22,000 new housing units." With this in mind, respondents were asked to indicate their support for four different potential methods of accommodating growth in Clarington. ►. Oppose Neutral Support Method for Accommodating Growth know Developing vacant lots or under— utilized land within existing urban areas, including existing residential 16% 22% 57% 6% neighbourhoods Mixing townhouses, apartments and condos with existing commercial areas along major transit routes 35% 16% 44% 4% and commercial centres BAJL a y xts ng re s° Support was strongest for expanding or converting existing building (67%), next followed by developing vacant or under-utilized lands (57%). There was a lower threshold of support for mixing higher density housing types (i.e. townhouses, apartments and condos) with commercial areas along appropriate routes and corridors (44Q/%), while the lowest backing was with respect to building higher density housing types within areas that are currently at the edge of our existing urban areas (27%). When looking at overall support for accommodating growth using the four models presented,, residents appear split as two indicators show majority backing, namely developing vacant lands and expanding or converting existing buildings. Almost half of residents or 47% are opposed to the building of higher density housing while there-is a split of opinion on the issue of mixing residential and commercial areas. PRIORITY GREEN Clarington Community Survey Report 19 .% 0 . 0 0 . 8-55 EM H� _. With respect to building higher density housing types within areas that are currently at the edge of our existing urban areas, there was low support in all areas, however Orono had the highest level of support with 37%, followed by the rural area (34%), Bowmanville (27%) and Courtice (24%). Only 15% of Newcastle residents support higher density housing. The questioning then moved to how acceptable each of the following forms of housing would be if they were developed on vacant land (assuming vacant land was available) within the respondent's neighbourhood. "If new housing was constructed on a vacant piece of land in your neighborhood, how acceptable would each of the following forms of housing be to you? Please respond to each using a scale from one is not at all acceptable to five very acceptable." Total Not Total �i Neighbourhood Type Acceptable Neutral acceptable Single detached homes 9% 7% 82% W. ?g� � � Se etac e ho s(d fix) � Er �Zl X68% Townhomes 48% 14% 36% WAS �'; ;: =Ys `F}}z s '�.a `r aO Most favoured are single detached homes by more than eight in ten or 82%. There was lower but still majority support for semi-detached housing by slightly less than six in ten (58%), while only 36% claimed townhouses to be acceptable and 29% low rise apartments or condos. When respondents were asked about their potential concerns for higher density housing in their neighbourhood 28% stated traffic in this open ended probe. Other concerns related to a loss of farm or green space (11%), crowding (10%), infrastructure issues (6%), water concerns (5%), potential future tenants/residents (5%), a lack of privacy (3%) and crime (3%). A total of 15% either did not know (10%) or said that they did not want it (5%). Among respondents that said townhouses are not acceptable, their concerns (for higher density housing) focused on traffic (25%), having less farmland / nature areas (21%) and the area being too crowded (14%). And for those that stated low-rise apartments or condos are not acceptable, similar concerns were heard, relating most to traffic (24%), loss of farmland / nature areas (14%) and overcrowding (12%). PRIORITY GREEN Clarington Community Survey Report 20 Participants were then asked to choose between two priorities that the municipality must consider as it plans for future development. "In your opinion, which is a higher priority, protecting the environment and preventing the loss of agricultural lands, or continuing to build lower density neighbourhoods comprised of single detached homes? " xs 7% 14% 79% 0% 20% 40% 60% 80% 100% ■Protecting the environment ■Building lower density homes M Don't know Despite the preference for single detached homes and concerns over higher density neighbourhoods, a strong 79% favour protecting the environment over the continuation of building lower density homes (14%). A high percentage of supporters of building higher density housing (87%), such as townhouses and low-rise apartments, feel that protecting the environment is a higher priority. PRIORITY GREEN Clarington Community Survey Report 21 ._ . �: . • • 0 8-57 Respondents were asked to indicate how important it is to them that Clarington offers a sufficient mix of housing types for each of the following reasons. "Please indicate how important it is to you that Clarington offers a sufficient mix of housing types to allow for each of the following. Please use a scale from one not at all important to five very important." Impoilance of . . To allow you to continue to reside in the community as you age or your household 90% size changes au ' - o� flcw yructadren rest �co ; u !f� dl s alp yourp rrtts to a� To allow families with different income levels to reside in the community 76% r Respondents ranked both having the ability to reside in the community as they age or their household changes and allowing for their children and / or parents reside in t he community in the future as important I very important (90% and 84% respectively). More than three-quarters of respondents or 76% also feel it is important for families with different incomes to live in the community, but less than half or 45% feel it is important to have secondary living spaces. PRIORITY GREEN Clarington Community Survey Report 22 8-5 MUNICIPAL ACTION TO, SUP,PORT GREEN HOMES & NEIGHBOURHOODS Respondents were asked to rate their level of agreement with two statements related to Clarington and environmental issues. "Please rate your level of agrrement with each of the following statements using a scale from one strongly disagree to five strongly agree? " 9% Clarington is doing a good job at protecting the 35% environment and 35% promoting energy conservation. 2% Clarington should become a leader in environmental issues and become the greenest community in Ontario. 0% 20% 40% 60% 80% 100% ■Total disagree ■Neither agree nor disagree ■Total agree III Don't know While residents were split on how Clarington is performing at protecting the environment and promoting conservation (35% agree & 35% disagree), a 76% majority feels that it should become a leader in environmental issues. The level of agreementwith respect to both these indicatorsis lower as compared to the findings in the 2006 baseline survey. In 2006, 86% of respondents agreed that Clarington should become a leader in environmental issues and become the greenest community in Ontario, while 43% agreed that the Municipality is doing a good job at protecting the environment. When asked a follow up question as to why they feel Clarington is either doing or not doing a good job at protecting the environment and promoting energy conservation, 11% said that green space is protected, 11% need more information, 10% said they can do a better job, 6% cited the PRIORITY GREEN Clarington Community Survey Report 23 .._ Energy From Waste Facility, 5% claimed a good job is being done, 5% liked recycling programs, and 3% named each of not doing enough, not protecting green space/agricultural land and that the local nuclear station is safe. A total of 34% did not know or had no opinion. Amongst those respondents that indicated disagreement with the statement, the most commonly cited reason was the Energy From Waste facility (15%), while those that agree that the Municipality is doing a good job were pleased that the green space has been protected (25%). PRIORITY GREEN Clarington Community Survey Report 24 G1 W"h 9 W. J REPORT PLANNING VoCES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-law#: Repo: PSD-062-13 File#: COPA 2012-0003 and ZBA 2012-0007 Subject: APPLICATIONS FOR AN OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT THE DEVELOPMENT OF A 155 SUITE, 5 STOREY RETIREMENT RESIDENCE AND A 104 UNIT, 7 STOREY SENIORS APARTMENT APPLICANT: THE FORREST GROUP RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-062-13 be received; 2. THAT the application to amend the Clarington Official Plan submitted by the Forrest Group be approved in part to allow Phase 1 (155 Suite Retirement Residence) to proceed, that Official Plan Amendment No. 95 (Attachment 1) be adopted, and the related By-law in Attachment 2, be passed; 3. THAT the Zoning By-law Amendment application submitted by the Forrest Group be approved in part, to allow Phase 1 (155 Suite Retirement Residence) to proceed subject to provisions for the removal of the Holding (H) prefix, as contained in Attachment 3; 4. THAT once all conditions contained in the Official Plan and Zoning By-law (Attachment 3) with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; 5. THAT the consideration of the Phase 2 portion of the application be deferred as recommended in Section 11.6 of Report PSD-062-13; 6. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-062-13 and Council' s decision; and 7. THAT all interested parties listed in Report PSD-062-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by/" , �`�`�-� �- David J. Crome, MCIP, RPP ranklin Wu, Director of Planning Services Chief Administrative Officer TW/CP/df/nl/sn 23 October 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-61 REPORT NO.: PSD-062-13 PACE 2 1. APPLICATION DETAILS 1.1 Applicant: Forrest Group 1.2 Owner: 2278196 Ontario Inc. 1.3 Proposal: Clarington Official Plan Amendment • Amend Map H2 by changing the population of the East Town Centre Neighbourhood from 3100 to 3575. • Amend Table 9-2 by revising the housing target of the East Town Centre Neighbourhood as follows: i. Increasing the high density units from 225 to 475; and ii. Amend all corresponding totals. • Amend Map "A" Land Use Downtown "Bowmanville East Town Centre Secondary Plan" by deleting the "Community Facility" designation and replacing it with a "High Density Residential" designation at the southwest corner of Queen Street and Queen Avenue. • Adding a new sub-section to the High Density Residential policies of the Bowmanville East Town Centre Secondary Plan that would permit a maximum height of seven storeys and a maximum density of 185 units per net residential hectare, specific to 105 Queen Street. Zoning By-law Amendment • Appropriate zones to permit the development of a 155 suite, five storey retirement residence and a 1.04 unit, seven storey seniors apartment building. 1.4 Area: 2.02 ha 1.5 Location: The subject lands are located at 105 Queen Street in Bowmanville. It is located on the southwest corner of Queen Street and Queen Avenue. The site is the former Bowmanville Senior Public School site which was closed in 2007. AM r A�+ r - - - T Figure 1: Former Bowmanville Senior Public School 8'—6 2 PAGE 3 REPORT NO-'. psD-062A3 2• BACKGROUND Group submitted applications to amend the Official Plan 155 suite 2 1 On April 2, 2012, the Forrest Gr P five st t building. The By-law 84-63 to permit the devel�p en seniors storey, with the and Zoning Y 104 unit phases, beginning retirement home and a seven to develop the site n two p approximately ce. The seniors apartment building would follow in applicant has advised they Retirement Residence. five years. �QNRRh LO 1,ps.X sorRycR p & inn ✓T ✓ s[�NQ "1 CJ0 4 ( 3 qAa is�fls TP �Pya (Go aye00b J N Figure 2: proposed Concept Plan B-63 REPORT NO:: PSD-062-13 PAGE 4 2.2 The applications were deemed incomplete at that time of submission because a Land Use Compatibility Assessment had not been submitted and the Noise Attenuation Report was not complete. Digital copies of all submissions, and minor edits to the proposed Official Plan Amendment were also required. The applicant subsequently proposed changes to their proposal in regards to directing stormwater from the site to Bowmanville Creek. This change required the submission of an Environmental Impact Study and Functional Servicing Report to complete the application. All outstanding items were received on December 20, 2012 and the applications were deemed complete on January 9, 2013. The studies submitted in support of the application are summarized in Section 7 of this report. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject site is located within the Bowmanville East Town Centre, on the southwest corner of Queen Street and Queen Avenue, at the southern terminus of Division Street. 3.2 The surrounding uses are as follows: North - Commercial South - A single detached dwelling, Bowmanville Creek and associated valleylands East - Residential and Industrial (Veyance Technologies, formerly Goodyear) West - Residential and Parkland (Rotary Park) r O ZBA 2012-0007/COPA 2012-0003 Figure 3: Site Location 8-64 REPORT NO.: PSD-062-13 PAGE 5 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement 4.1.1 The Provincial Policy Statement encourages planning authorities to create healthy liveable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. 4.1.2 Settlement areas are the focus of growth, intensification and redevelopment. Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while maintaining appropriate levels of public health and safety. 4.1.3 The Housing Policies state that Planning authorities are required to provide for an appropriate range of housing types and densities required to meet the projected requirements of current and future residents of the regional market area. All forms of housing required to meet the social, health and well-being requirements, including special needs requirements are to be permitted and facilitated. 4.1.4 The use of existing infrastructure and public service facilities should be optimized wherever feasible. 4.1.5 Natural heritage features and areas are to be protected for the long term. Development and site alteration shall not be permitted within or adjacent to significant woodlands and valleylands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Development and site alteration in a fish habitat is not permitted except in accordance with provincial and federal requirements. 4.1.6 Planning authorities can implement necessary restrictions on development and site alteration to protect, improve or restore vulnerable surface and ground water, sensitive surface water features and sensitive groundwater features and their hydrologic functions. Stormwater management practices which minimize stormwater volumes and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces are encouraged. 4.1.7 Development shall generally be directed to areas outside of hazardous lands adjacent to rivers which are impacted by flooding and/or erosion hazards. 4.1.8 The applications are consistent with the 2005 Provincial Policy Statement as the proposal provides for residential intensification within the settlement area. The redevelopment of the former school site to accommodate housing for seniors which will meet current and future need of Clarington residents. The development will make use of existing sanitary and water services and is in close proximity to public services such as transit, libraries and other community services. Development will occur outside of the hazard and natural heritage features associated with the Bowmanville Creek. Appropriate measures are included in the proposed Zoning By-law (Attachment 3) to allow the residential use to mix well with the adjacent industrial use, once the appropriate mitigation measures are in place 8-64 REPORT NO.: PSD-062-13 PAGE 6 4.2 Provincial Growth Plan 4.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Increasing intensification of the existing built- up area, with a focus on greyfields is encouraged. Concentrating new development in. these areas provides a focus for transit and infrastructure investments to support future growth. 4.2.2 Towns are encouraged to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services. 4.2.3 This proposal provides for a mix of land uses within the Built-up Area, therefore, the applications meet the objectives of the Provincial Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The subject lands are within the Regional Centre designation of the Durham Regional Official Plan. Regional Centres are intended to be planned and developed as the main concentrations of urban activities, providing a fully integrated array of institutional, commercial, major retail, residential, recreational, cultural, entertainment and major office uses. Generally, Regional Centres shall function as places of symbolic and physical interest for the residents, and shall provide identity to the area municipalities within which they are located. An overall, long-term density target of at least 75 residential units per gross hectare and a floor space index of 2.5 shall be supported. The built form should be an appropriate mix of high-rise and mid-rise development. It should be noted that the floor space index requirement is for the entire Regional Centre, not a site specific requirement. The proposed uses conform to the Regional Official Plan policies. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Town Centre. Within the Bowmanville East Town Centre Secondary Plan the subject lands are designated Community Facility and Environmental Protection Area. The Community Facility designation recognized the Bowmanville Senior Public School. Town Centres are to be developed as the main concentration of urban activity in the community, providing a fully integrated array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. It will function as the focal point of culture, art, entertainment and civic gathering, be places of symbolic and physical interest for residents, and foster a sense of local identity. 8-65 REPORT NO.: PSD-062-13 PAGE 7 A goal of the Bowmanville East Town Centre Secondary Plan is to provide for ongoing redevelopment in the Downtown with emphasis on increased densities, heritage preservation and quality urban design. The maximum height is six storeys and the floor space index shall not exceed 1.5. Urban design policies for Town Centres require buildings sited near the street with direct access to the public sidewalk. Buildings are to be designed to: • recognize the historic context of the neighbourhood; • provide main entrances that are visible and directly accessible to the public sidewalk of the main street; • enhance the built environment with attention to massing, building articulation; architectural detail, the use of local materials and styles; • provide transitions to lower density; • provide for adequate light and privacy for existing and proposed developments; and • minimize shadow and wind impacts. Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. The precise limits of these areas are to be determined in consultation with the Conservation Authority. The property is adjacent the Bowmanville Creek and contains significant valleylands and woodlands. An Environmental Impact Study is to be undertaken for development applications in accordance with the Natural Environment and Resource Management policies of the Official Plan. Queen Street is identified as a Collector Road which is designed to move moderate volumes of traffic over short distances within a particular area of the Municipality. The primary function is to collect and distribute traffic among local roads, collector roads, arterial roads and major traffic generators. The proposal generally conforms to the Clarington Official Plan with the exception of those items which are the subject of the Official Plan Amendment (Attachment 1). 6. ZONING BY-LAW 6.1 Within the Comprehensive Zoning By- law 84-63, as amended, the lands are zoned "Urban Residential Type One (R1)". A Zoning By- law amendment is required in order to implement the proposed.development. 8-66 REPORT NO.: PSD-062-13 PAGE 8 7. SUMMARY OF BACKGROUND STUDIES 7.1 Phase II Environmental Site Assessment Terraprobe Inc. conducted an assessment to determine if historical land uses and activities on the adjoining properties may have impacted the soil and ground water quality of the property. The property had previously been used as a school therefore the proposed redevelopment to a residential land use is not considered to be a change to a more sensitive land use under Ontario Regulation 153/04 (O.Reg. 511/09). Water and soil samples were analyzed and it was determined that there were no contaminant exceedances; therefore no further environmental investigations are required. 7.2 Planning Justification Report MHBC prepared the report and subsequent addendum. The report concluded that the proposal is in the public interest and represents good planning for the following reasons: • The proposed redevelopment conforms to the Growth Plan by contributing to a complete community. The Proposal provides retirement residence space, seniors apartment space and amenity space within a 5 minute walking distance of transit routes, on full municipal services and within an existing Built-up Area. • The proposed redevelopment is consistent with the relevant policies of the Provincial Policy Statement. • The proposal represents the intensification of an underutilized property and will be of a compact form, making efficient use of land and infrastructure in the Town. • Development of this proposal will take advantage of, and enhance the viability of multi-modal transportation available to and proposed for this area, including existing GO Transit bus service, planned future GO Transit train service, and Durham Region Transit. • The proposal represents a density of 185 units per net hectare within an existing Built-up-area and within the designated "Regional Centre" and "Major Open Space Area". Thus the proposal supports not only the Province's intensification goals but also provides for an intensified use within an area designated as a focus for growth in the Durham Region Official Plan. • The proposed modifications to the Official Plan and Zoning By-law allow for a retirement complex use and permit increases in height and density. This increase is intended to accommodate the demand for retirement spaces in the Municipality of Clarington, satisfying a segment of housing that is under-represented from an availability perspective. • The proposal intends to achieve an attractive streetscape with social interaction by framing buildings along the public spaces and directing vehicular and pedestrian activity to those spaces. Furthermore, the proposal has balanced the need for intensification with adjacent neighbourhoods through the arrangement of building heights and step-backs of building massing. • The proposal brings additional residents to downtown Bowmanville, supporting existing retail and commercial services and enhancing the long-term economic viability of the area. 8-67 REPORT NO.: PSD-062-13 PAGE 9 7.3 Shadow Study The Planning Justification Report prepared by MHBC summarized the shadow study prepared by the Forrest Group. MHBC advises that two residential properties to the west will be subject to shadows during the 9 a.m, spring equinox, and a portion of one residential property to the west will be subject to shadows during the 9 a.m. summer solstice. The total increments of potential shadow exposure were found to be acceptable. The report concluded that the proposed development would have minimal shadow impacts as the two residences will continue to have sun exposure for a greater part of a typical day. 7.4 Traffic Impact Study Prepared by Transtech, the Traffic Impact Study found that the incremental site traffic volume generated by the proposed development can be easily accommodated on Queen Street. The unsignalized intersections at Division Street, Queen Avenue and Liberty Street on Queen Street are expected to operate at acceptable levels. The study recommends that the eastbound advanced green at the signalized intersection at King Street and Scugog Street be increased in time by 4 seconds. This recommendation is related to overall traffic growth, not related to the site. It is recommended that the Region monitor these volumes before implementing traffic signal timing adjustments. 7.5 Functional Servicinq Report A Functional Servicing Report was prepared in support of the proposal. Engineering Services and the Central Lake Ontario Conservation Authority identified a number of concerns with the report. The applicants Engineer has since provided a revised site grading plan and a detailed response to the concerns. A revised Functional Servicing Report will be required and reviewed as part of the detailed site plan application submission. 7.6 Environmental Impact Study & Hazard Line Analysis Based on the Hazard Line Analysis, prepared by Terraprobe, the Environmental Impact Study (EIS) prepared by Azumuth Environmental Consulting Inc., concluded that the proposal is situated outside of the hazard lands and have established an appropriate setback. As the report relied on the details from the Functional Servicing Report which requires revision, an addendum to the Environmental Impact Study will be required. Detailed comments will be reviewed with the applicant through the pre-consultation process for a proposed site plan application. The vacant school was identified as suitable habitat for Barn Swallow and Chimney Swift which are both species at risk. The EIS recommended that if demolition of the building is planned after March 2013, the chimney be screened before April and the surfaces be checked again prior to demolition to ensure no new nesting of Barn Swallows or Chimney Swifts has occurred. If nesting has occurred the applicant may require additional approvals from the Ministry of Natural Resources and demolition may be restricted from occurring during the nesting/roosting period from May to September. 8-68 REPORT NO.: PSD-062-13 PAGE 10 7.7 D-6 Guideline Evaluation and Justifying Impact Assessment The Ministry of the Environment D-6 Guideline governs compatibility between Industrial Facilities and Sensitive Land Uses. The retirement home and seniors apartments would be considered sensitive land uses. In support of the application, a Land Use Capability report titled "D-6 Guideline Evaluation" (UEM Inc., November 2012) and an Addendum Letter (May 17, 2013) has been submitted. This report summarizes the Noise and Dust/Odour Assessment reports and relates the findings to the minimum setback requirements as outlined in the D-6 guidelines. The D-6 Guidelines Evaluation and Addendum Letter have been assessed as part of the Peer Review of the Noise and Dust/Odour studies. 7.8 Noise Feasibility Study The subject applications propose a sensitive land use adjacent to an industrial facility (Veyance Technologies, formerly Goodyear). In order to ensure that there are no noise conflicts present, a noise assessment was requested. In support of the application an Environmental Noise Feasibility Study has been submitted (prepared by Valcoustics Canada Ltd., Nov. 2012). The Noise Feasibility Study addresses potential impacts from adjacent roadways (Queen Street) as well as stationary sources (the adjacent Veyance manufacturing facility). A subsequent noise addendum letter (Valcoustics Canada Ltd., May 2, 2013) has also been received, which provides clarification in areas such as implementation of mitigation measures and conditions of approval. Given the complex nature of the Noise Feasibility Study/addendum letter, a Peer Review was conducted (RWDI Air Inc., September 16, 2013). The Peer Reviewer concluded that they generally agree with the Valcoustic recommendations and approach. This includes separate implementation measures, such Site Plan Approval, future Noise Study Updates and Holding Provisions as well as at source mitigation measures for Phase 1 and 2 of the proposal. A few areas of minor disagreement or areas where additional consideration should be taken have been identified by the Peer Reviewer, which are recognized as being a non-issue or have the ability to be clarified as part of the future Noise Assessment(s). 7.9 Land Use Compatibility Assessment (Dust and Odour) Also in support of the application an odour/dust assessment entitled "Land Use Compatibility Assessment" (SENES Consultants Limited, September 2012) was submitted. In addition, a report addendum was also submitted in support of the application (SENES Consultants Limited, April 25, 2013). The reports address potential odour and dust impacts associated with the Veyance facility. The facility manufactures industrial conveyor belts for the mining and petrochemical industry. The belts are manufactured out of rubber, silica, carbon black, and a number of polymeric additives. The reports conclude that potential impacts on the proposed development, in their opinion, meet the definition of"Trivial' impact. The prevailing wind directions are generally from the southwest through to the north- northwest, which means that in most cases the subject property is located upwind of Veyance Technologies and unlikely to experience effects due to dust and odour emissions. During certain meteorological conditions, there is the potential for the emissions to be blown towards the subject property. 8-69 REPORT NO.: PSD-062-13 PAGE 11 SENES contacted the Ministry of Environment which indicated that there has been some odour complaints related to Veyance Technologies (Goodyear) in the past 5-6 years and there have been historical issues related to baghouse emissions due to process upsets. A major blowout of a carbon black baghouse occurred in August 2002, resulting in 10 complaints to the MOE. Carbon black is an extremely fine, powdery material which disperses readily in air, and is relatively difficult to clean, as it forms a suspension in water which causes it to smear when wiped. Homes impacted by the incident were cleaned professionally and the facility was charged and convicted based on the incident. There have been ongoing odour complaints. Odours are emitted though roof fans, open windows etc. Given the complex nature of the Odour/Dust assessments, a Peer Review was conducted. The Peer Reviewer's final report (RWDI Air Inc., September 16, 2013 recognizes the difficulty of assessing the impacts of Veyance on the subject property where there are no up-to-date Emission Summary and Dispersion Modeling (ESDM). The Peer Reviewer disagrees with the SENES finding that the potential odour/dust conflicts meet the Ministry of Environment's definition of"Trivial", It is apparent that SENES Consultants Limited and RWDI Air Inc. offer different interpretations of the D-6 Guidelines in regards to Phase 1. SENES concludes that because Phase 1 meets the minimum distance separation of 70 metres, separation for a medium category industrial use, that Phase should proceed. RWDI notes that as Phase 1 is within the 300 metre zone of potential influence, odour and dust impacts and Veyance must be objectively evaluated in order to determine the level of impact. The Peer Review report (Attachment 6) offers some recommendations in order to address these issues, including a recommendation that an existing exhaust vent be modified to vent vertically (as opposed to horizontally). A number of mitigation measures are proposed for Phase 1, and the use of a Holding (H) Provision to address the lack of updated EDSM information, that will be submitted as part of Veyance's Environmental Compliance Approval submission, for Phase 2. 8. PUBLIC SUBMISSIONS 8.1 A Public Meeting was held on February 25, 2013. Public Notice was given by mail to each landowner within 120 metres of the subject property and a public meeting notice was installed on the property in the centre of each street frontage. 8.2 At the time of the writing of this report, and during the Public Meeting, the following concerns were indicated: • A resident recently moved to the area and was expecting Queen Avenue to be a quiet dead end street. • Two residents expressed concerned with an increase in traffic on Queen Avenue from the proposal and the adequacy of the onsite parking; • The owner of the residential property to the south is concerned that the proposed development will add to existing drainage problems; and 8-70 REPORT NO.: PSD-062-13 PAGE 12 ® The height of the development at the south end will appear as nine stories to the existing dwelling to the south. The dwelling is at a lower elevation than the proposed buildings. 8.3 A resident immediately to the west of the development advised Planning staff that they felt the proposed development would blend in with historical Bowmanville and the gardens and landscaped grounds would compliment the area. Additional housing for the aging adult could benefit the downtown businesses as well as providing new jobs. Quiet well mannered residents are always good neighbours. 8.4 During the public meeting a resident expressed an interest in apartments for older adults. She was looking to downsize and was having difficulty locating appropriate accommodations in Clarington. Since the time of the meeting she advised that she has relocated outside of Clarington. 8.5 The Planning Department has received a number of inquiries from residents interested in rental accommodations. They have expressed concerns with the difficulty of finding such accommodations within the Municipality of Clarington. 8.6 A letter was received in support of the proposal from the owner of 53 King Street West. The letter noted that the project "will bring significant additional, and much-needed, commercial activity to the downtown core and in particular to those commercial properties like ours that are in close proximity to the proposed development." 9. AGENCY COMMENTS 9.1 Veridian Corporation, Enbridge Gas, the Kawartha Pine Ridge District School Board, Rogers Cable, Bell Canada and the Clarington Heritage Committee expressed no concerns with the proposal.. Detailed comments relating to the development will be considered in the preparation of a future site plan application. 9.2 The Central Lake Ontario Conservation Authority have no objections to the proposed use, redesignation and rezoning of the property. There are outstanding comments that can be addressed through the detailed design process at the site plan application stage should the requested applications be approved by Council and a site plan application follows. 9.3 The Region of Durham Planning and Economic Development Department advised that the subject lands are designated "Regional Centre" in the Region of Durham Official Plan. This proposal consists of two mid rise (one five storey and one seven storey) buildings with a total overall density of 185 units per hectare. This proposal, including the density and floor space index, generally conforms to the current ROP. The applications have been screened in accordance with the terms of the provincial plan review responsibilities. 8-71 REPORT NO.: PSD-062-13 PAGE 13 A Phase II Environmental Site Assessment submitted in support of the application concluded that there were no exceedances for in-soil and ground water samples. The Region requires that a Record of Site Condition be filed with the Ministry of Environment (MOE). Servicing Municipal services (water supply & sanitary sewers) are available from the existing 300 mm watermain and existing 300 mm sanitary sewer on Queen Street. Plant capacity for Phase 1 of this proposal (retirement residence) is available in the Port Darlington Water Pollution Control Plant. However, sanitary sewer capacity for Phase 2 (seniors apartments) is dependent on the completion and operation of the Port Darlington WPCP expansion. The anticipated commissioning of the plant expansion is Spring 2015. Comments regarding the Functional Servicing Report and Site Servicing Plan will be discussed through the pre-consultation process for the proposed site plan application. Regional Development Charges will be applicable to this proposal and due prior to the issuance of a building permit. Durham Region Transit Durham Region Transit has no additional comments as part of these applications. Conclusion The Region provided a detailed letter on noise, dust, odour and the requirements for approval of the subject application. The letter is contained in Attachment 7. The Region has a number of requirements to be satisfied prior to the lifting of a Holding Symbol if the applications were to proceed. Some of these requirements affect the contents of the Site Plan Agreement, further studies and peer reviews. The Official Plan amendment is considered to have no significant Regional or Provincial concerns and is exempt from Regional approval, provided the issues identified above are addressed to the satisfaction of the Region of Durham. 10. DEPARTMENTAL COMMENTS 10.1 Clarington Emergency and Fire Services, Clarington Building Division and Clarington Operations had no concerns with the proposed land use. Detailed comments regarding site design will be provided to the applicant for consideration in preparation of a future site plan application. 10.2 Engineerinq Services The Engineering Services Department advises that all comments regarding stormwater management, grading, and servicing can be addressed, to the satisfaction of the Director of Engineering Services, at the Site Plan approval stage. The applicant must be mindful that an area on site may be required for surface and/or underground storage of stormwater. 8-72 REPORT NO.: PSD®06213 PAGE 14 The preliminary grading plan prepared by Cole Engineering, dated March 12, 2013 was reviewed and it is satisfactory in terms of providing confirmation that there will not be any grading in the hazard lands. No other grading information has been provided with this submission. Additional information will be required at site plan stage regarding any proposed retaining walls, proposed grading on the rest of the site particularly along the east boundary with the municipality's road allowance, driveway entrance grades, demonstration that all boulevards grade positively to the road allowance and any other details required by the Director of Engineering Services and all subject to the approval of the Director of Engineering Services. The Engineering Services Department has no objection. 10.3 Clarington Heritage Committee The Committee reviewed the revised rendering at their meeting on January 15, 2013. The rendering meets the intent of their resolution dated May 7, 2012 which requested the developer to: • Embrace the principles outlined in the Old Bowmanville Heritage Guidelines; • Incorporate the architectural design features of the existing heritage structures in the downtown core; • Provide a facade with the appearance of a historic institutional building, similar to the original 1890 school house; • Massing of the building facing Queen Street be designed to complement the perceived size of the buildings in the neighbourhood; and • The building be constructed with materials that match the heritage structures along the street and architectural details such as quoins and cornicing 11. DISCUSSION 11.1 The shadow study submitted contained analysis of the Spring Equinox, Summer Solstice and Fall Equinox at 9am, 12pm, 2pm and 4pm. In their Planning Justification Report, MHBC concluded that two residential properties to the west will be subject to shadows during the 9am spring equinox, and a portion of one residential property to the west will be subject to shadows during the 9am summer solstice (see Attachment 4). The total increments of potential shadow exposure were found to be acceptable. The applicant has since provided details for the 6pm Summer Solstice, Spring & Fall Equinox (see Attachment 5). There will be minimal impacts during the Summer on the residential property on the South East corner of Queen Street and Queen Avenue. This property will experience similar impacts in the Spring and Fall as will four properties on the north side of Queen Street, East of Division Street (see Attachment 5). Staff concurs with MHBC that the proposed development would have minimal shadow impacts as the properties will continue to have sun exposure for a greater part of a typical day. 8-73 REPORT NO.: PS®-062-13 PAGE 15 11.2 Initially the applicant had proposed a contemporary design for the development that incorporated a retaining wall along Queen Street, preventing direct pedestrian access to the building from the sidewalk. Staff met with the applicant in June 2012 to discuss the comments of the Heritage Committee and the urban design policies of the Municipality. Since that time the concept elevations have been modified (see Figures 4 and 5). The proposed concept has adopted the portico entrance with arched opening and direct access to Queen Street. The building design has also incorporated, arched windows and conical tower design elements from the original 1890 school house (see Figure 6). d � � y_ $ .R Uft P, , , I .a US �I Figure 4: Queen Street Perspective . r V;,W- 11jaw Out - a !! t! 7 ..- � �� Figure 5: Queen Avenue Perspective 8®74 RrE OR V NO.: G SD-062413 PAGE 16 - Figure 6: Original 1890 High School 11.3 It is proposed to rezone the lands associated with the Bowmanville Creek and an appropriate buffer as "Environmental Protection (EP)" through this application. The limits of this area have been determined through the acceptance of the Hazard Line Analysis by Municipality of Clarington and Central Lake Ontario Conservation Authority Staff. The area to be zoned "Environmental Protection (EP)" has been removed from the developable area of the site for the purpose of calculating density and floor space index. The proposed density of 185 units per net residential hectare contained in the proposed Official Plan Amendment (Attachment 1) has been verified. 11.4 The proposed retirement residence has a maximum height of 5 storeys, while the apartments propose to have 7 storeys. As building height is measured from the lowest point of the grade, and the property slopes significantly to the south, the height of the retirement residence on Queen Street will be 4 storeys, while it will be 5 storeys from the.south. The apartments will be 6 storeys at the north end and 7 storeys on the valley side. 11 .5 There is underground parking proposed for the development with access from Queen Avenue. A total of 86 spaces will be provided for the retirement residence, exceeding the Zoning By-law requirement by 47 spaces. A total of 208 spaces are provided for the apartments. The applicant has not finalized the unit count breakdown for the apartments. However, if it assumed that the proposed 104 unit development is entirely two bedroom units, the total parking provided would exceed the Zoning By-law requirement and the typical request of 0.25 spaces per unit for visitors parking by 52 spaces. Engineering Services are satisfied the traffic proposed from the site can be accommodated on the existing road system. 11.6 The Land Use Compatibility Assessment (Dust and Odour), D-6 Guideline Evaluation, and Noise Study were submitted to address the Ministry of the Environment (MOE) D-6 Guideline "Compatibility Between Industrial Facilities and Sensitive Land Uses". This guideline establishes minimum separation distances between industrial facilities and sensitive uses (residential, institutional, and recreational). The guidelines are intended 8-75 REPORT NO.: PSD-062-13 PAGE 17 to consider emissions including noise, dust and odour generated by an industrial facility in proximity to sensitive uses. The studies were required in recognition of the proximity of the proposed residential development to Veyance Technologies. Based on D-6 Guidelines the studies submitted consider Veyance Technologies as a Class II Industrial Facility, which is a medium scale manufacturing facility with occasional outputs of emissions (noise, odour and dust). Class II facilities have a potential influence area of 300 metres in which adverse impacts may be experienced. Based on MOE studies and historical complaint data, the Guideline recommends a minimum separation distance of 70 metres from such a facility. The distance is to be measured from the required zone setbacks, or actual building whichever is closer. The Phase-1 retirement residence is approximately 90 metres from Veyance Technologies, while the Phase II seniors apartment is approximately 32 metres. The guidelines recognize that municipalities may want to promote redevelopment projects, infill development and mixed uses in areas where there are established industrial uses, and the minimum distances cannot be achieved. In such cases, the minimum separation distance can be reduced provided there are mitigation measures that can be established based on an evaluation of the industrial processes and the potential for off- site impacts on the proposed land use. NZ a ro '9k•'f> � ' Y Exhaust From, , • . 7R/ , x Metres ! H, Bagl�HOuse Figure 7: Location of Bag House Exhaust 8-76 REPORT NO.: PSD-062-13 PAGE 16 Due to the differing interpretations of the D-6 Guideline by SENES and RWDI as to whether assessment is required for developments within the minimum distance separation (70 metres), or the potential area of influence (300 metres), staff contacted the MOE for clarification. The MOE advised that because the D-6 Guidelines are only `guidelines` and not enforceable that both consultants were correct in their interpretations, and it is up to the Municipality to decide whether to approve a sensitive land uses within the potential area of influence of an existing industrial facility. Both SENES and RWDI have identified that there could be potential impacts from an existing bag house exhaust that vents horizontally, as opposed to vertically. The location of the bag house exhaust is near the closest point of the Veyance facility to the proposed development (see Figure 7). Until an Emission Summary and Dispersion Modelling (ESDM) is completed and approved to the satisfaction of the MOE, the impacts of the stack and the balance of the Veyance facility are unknown in regards to dust and odour. Veyance submitted their Environmental Compliance Approval (ECA) application to MOE on September 30, 2013. MOE advised that any work done by Veyance to reduce emissions (noise, dust and odour) must be identified in their ECA and must be approved by MOE prior to any work being undertaken. The retirement residence (Phase 1) is outside of MOE's minimum separation distance guidelines of 70 metres. Veyance Technologies is currently seeking their Environmental Compliance Approval (ECA), where it is believed that enhancements will be proposed and undertaken to the satisfaction of the MOE. The use of the holding symbol will provide for this process to be completed prior to the construction of the retirement residence. The ECA will provide for an enforceable plan to ensure appropriate mitigation. The consultant's recommendations also provide for additional measures to protect future residents, particularly in the event of an incident. Staff do not support the approval of the apartment units (Phase 2) at this time due to the close proximity to the factory and the exhaust vents. RWDI noted that their concern is heightened due to the close proximity within the 70 m radius. They also noted that presumably MOE is considering the impact of elevated points of impingement but this is not yet known. Furthermore the timeliness of the completion of the approvals process and the timelines for the implementation of the abatement plans are highly variable. They also recommend further odour and dust studies in a similar manner to the noise study updates that were proposed. It may or may not be possible to mitigate the impacts sufficiently. Given this uncertainty, it is premature for the Municipality to provide a land use permission within the 70 metre minimum separation distance. It is recommended that the second phase only be considered: • After the MOE ECA is given and the proposed abatement works are undertaken • Future studies on noise, odour and dust are undertaken after the abatement improvements and that any additional non-trivial impacts are mitigated at the source • A minimum of two years operation of the retirement residence to allow monitoring of noise, odour and dust and possible complaints 5-77 REPORT NO.: PSD-062-13 PAGE 19 11.7 The proposed Official Plan Amendment (Attachment 1) has been modified from the applicant's proposal described in Section 13. As Phase 2 is not supported it is not necessary to amend the population and housing targets for the East Town Centre Neighbourhood as the 155 retirement units can be considered as part of the 275 intensification units. The High Density Residential Area policies of the Bowmanville East Town Centre Secondary Plan permit heights up to 6 storeys which will accommodate the proposed retirement home. 11.8 Taxes payable to the Municipality of Clarington are outstanding. The proposed Clarington Official Plan Amendment (Attachment 1), and Zoning By- law (Attachment 3) should not be approved until confirmation that the taxes are up to date have been received. 12. CONCURRENCE — Not Applicable 13. CONCLUSION 13.1 The Provincial Policy Statement promotes redevelopment and a range of mixed uses provided the appropriate levels of public health and safety are maintained. It is Staff's opinion that the proposed development fits well within the historic Bowmanville Town Centre. Staff also recognizes the important role Veyance Technologies (formerly Goodyear) has held as a long term employer in the community. To ensure both land uses coexist in a safe manner, staff support only proceeding with Phase I at this time, providing that the ECA approvals are in place with the MOE. It is also recognized that the ECA approvals are an important step in ensuring potential impacts on existing residents continue to be mitigated appropriately. 13.2 In consideration of the findings of all supporting studies, comments received from circulated agencies and area residents, and based on review of the proposal, staff recommends that the proposed Clarington Official Plan Amendment (Attachment 1), and Zoning By- law (Attachment 3) be approved upon confirmation that the taxes of the property are up to date. 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: Tracey Webster, Senior Planner 8-78 REPORT NO.: PSD-062-13 PAGE 20 Attachments: Attachment 1 - Proposed Official Plan Amendment Attachment 2 - Clarington Official Plan Amendment Adopting By- law Attachment 3 - Proposed Zoning By- law Amendment Attachment 4 - 9am Spring Equinox and Summer Solstice Attachment 5 - 6pm Spring & Fall Equinox and Summer Solstice Attachment 6 - Peer Review Final Report, RWDI Air Inc. Attachment 7 - Regional of Durham Comments List of interested parties to be advised of Council's decision: Chris Bobyk Christine Patel George Vella Roy Moore Kerri-Allen Walcer Stephen F. Shine Ben Arends Debbie Alldread Ben Edery Henry Pope Greg Balson Mac Rutherford Mike and Kathy Fagan Lynn Webb and John King Diane McArthur Sharon Moore Simone Borlase Marie Cervenka Gary and Doreen Carpenter 8-79 ATTACHMENT 1 TO REPORT PSD-062-13 AMENDMENT NO. 95 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan and Bowmanville East Town Centre Secondary Plan by replacing the "Community Facility" designation with "High Density Residential" and "Environmental Protection Area" designations on the subject property located on the south-west corner of Queen Street and Queen Avenue; to add a special policy to the "High Density Residential" designation in the Bowmanville East Town Centre Secondary Plan; and to adjust the population and high density housing target for the East Town Centre Neighbourhood. BASIS: This amendment is based on an application by the Forrest Group. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A "Land.Use Downtown: Bowmanville East Town Centre Secondary Plan" as shown on Exhibit "A"to this Amendment; IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 8-80 OD Co L w 0 0 > 0o00 Sp I� 0000 .'•: •..e �`� RF� v w o°° 00°0°°° •-::::. ?` 07 0 000 00000°0oO•:: 000 °oOoO°o°oo.'.::•.....::--•:. ♦ r = ♦ o°o °00000°000 K/N °000 00° _,._:��Q��♦ LOWE STREET w LOVERS LANE 0 0 G 57 K'EST �' cR9 z 938 wE51 N � ^l tC, .:` ALEXANDER BLVD. LIBERTY PLACE CD CD ti CARLISLE AVENUE W CODE o000 !y Q�Q� 0000 Cry _` OR��E ♦ ' °o0 0000000000 FS.T � o o o°oo °00000000 oO0000° � Y O ` \ o 0 2 0 G'T R PvE• ■ oo°o°o °OOO°o �i�G S7 OS0\o o°000 S'TFF O� o rnE o o° njFcc� RFC =° 0°00 CD o 0 00°0° FysT �� � �-- '( 000 0 � STRIKE AVENUE ♦ ♦•"�:/,•�oO°O�GFF °000000 z o J w 0000000 N o o U :ES. Z w 00000 ::. 0000 e� :.000::t5i?:. 000o m ¢ w ♦ _ Sri Q F - t: ♦ °ice w Q ST � * AE vj Z _ Change From "Community w < - ���`�� Facility"To"High Density CD J H J N o . BAR yFS ��, Residential" w cl- ® � ® DOWNTOWN HIGH DENSITY ® INSTITUTION 4 �� BOUNDARY RESIDENTIAL LAND USE 0 �m RESIDENTIAL COMMUNITY FACILITY DowrlvT®wN STREET—RELATED ENVIRONMENTAL BOWMANVILLE COMMERCIAL AREA PROTECTION AREA EAST TOWN CENTRE �8 SECONDARY PLAN 0 50 100 150 m 0 0 0 0 � AUGUST, 2010 50 m 00000000 MIXED USE AREA �.•:C�:.1 DISTRICT PARK THIS CONSOLIDATION IS PROVIDED FOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIFICATIONS AND APPROVALS ,e ATTACHMENT 2 TO REPORT PSD-062-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013- being a By-law to adopt Amendment No. 95 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the development of a 155 suite, five storey retirement residence; and a 104 unit,seven storey seniors apartment building. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 95 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW passed in open session this xx day of xx,2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-82 ATTACHMENT3 TO REPORT PSD-062-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2012-0007; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 15.4 SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is herby amended by adding a new Sub-section 15.4.35 as follows: "15.4.35 URBAN RESIDENTIAL EXCEPTION(R4-35)ZONE Notwithstanding Section 15.1a and 15.2a, 15.2 c and 15.2 g. h. and i, those lands zoned R4-35 on the Schedules to this By-law shall be used for a retirement home subject to the following zone regulations: a. Definitions i) Long Term Care Facility: Shall mean a facility regulated through the Ministry of Health and Long Term Care, or any successor, that provides accommodation for people requiring a broad range of 24 hour health care, personal care and support care within a supervised and secured setting and where common facilities for the preparation and consumption of food are provided and common lounges, recreation rooms; medical care facilities and personal services, may also be provided. ii) Retirement Home: Shall mean a residential building premise that provides accommodation in suites primarily for retired persons or couples. Such suites shall not have a stove or range and have separate entrances from a common hall but where common facilities for the preparation and consumption of food are provided, and where common lounges, recreation rooms and medical care facilities may also be provided. iii) Underground Parking Structure: Shall mean a part of a building which is provided and maintained for the purpose of parking vehicles related to the permitted use of the building„ which is generally located below finished grade and may include parking spaces, parking aisles and access ramps. b. Permitted Uses i) Retirement Home ii) Long Term Care Facility c. Regulations i) Density(maximum) 80 units per net ha ii) Yard Requirements a) Front Yard 3.5 metres minimum 6.5 metre maximum 8-83 1 b) Exterior Side Yard (within 30 metres or less of the front lot line) 5 metre minimum 7 metre maximum c) Exterior Side Yard (greater than 30 metres of the front lot line) 45 metres d) Rear Yard (minimum) 75 metres e) Underground Parking Structure 3.0 metres to any property line or EP zone boundary y iii) Building Height 5 storeys iv) An entrance to the building shall be located in the north facing building fagade iv) with the exception of a vehicular entrance and staircases any portion of the underground parking structure shall be permitted to a maximum of 0.5 metres above adjacent finished grade. v) No outdoor amenity area shall be permitted in the required rear or exterior side yard The Holding symbol shall only be removed from the Urban Residential Exception (114-35) Zone when the following provisions are met: i) A clearance letter from the Ministry of the Environment for Record of Site Condition for a Phase 1 and Phase 2 Environmental Site Assessment has been received to the satisfaction of the Region of Durham; ii) A site plan agreement is executed with the Municipality; iii) Noise mitigation to the satisfaction of the Region of Durham and completion of a Noise Abatement Action Plan executed between Veyance Technologies and the Ministry of the Environment; and iv) Confirmation of Environmental Compliance Approval of Veyance Technologies by the Ministry of the Environment. 2. Schedule "3"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R4-35)"; and "Urban Residential Type One(R1)Zone"to"Environmental Protection (EP)Zone" as illustrated on the attached Schedule"A"hereto. 3. Schedule"A"attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. BY-LAW passed in open session this day of 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-84 This is Schedule "A" to y-law 2013- passed this day of , 2013 A.D. q�. '1 �h'tiq t°7 yti^�4•L oy ry ® Zoning Change From"R1"To"(H)R4-35" Zoning Change From"R1"To"EP" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk N � m S y < S dG 5S0.EE WE � kMSS�FFT h� �PPOO CroNSTRF �u N5S hFSf �1�GFu Sr 3 POE =GAG 2 hF u m t0.S�E PV Fae� ENO 9 CrCNS 3 2�e o�� cHORCysT o TRMN L E �u J?, ?y�4ySS1RF RFFT J F r 3 N @RygT q` o`� T FqS fr BOWMANVILLE o Zea,2012.0000 e SCHEDULE 3 e 8-85 Lli cs> O CL Ar O LU ZL Ix ' O P— O'Vl�3�dS 3 3 ZtOZ Wb6 3,0I1S7oa b- Zi LJNt�WtNC3�� S Esc naOZ_ LLEW� "9 u^u na ak, °�sa+ar vxk } VtNbWMp, 1 aucyEanpaai9 aM 3Ni 3�Hc/g 3St 4 Wty s Ott CNy6y� ersctw mz�'e z w s �j f Ye F 9 R r �• 4'+.,ay a.. .., $ /7 mot` ' , •M, �' ��t� w V � k a 4 T✓ At Meet Sok'" nfil ,., are 1;aQ ois�s 8 pi�'firemell W� iX°te; i SA �zih3 Fp �,r,RO pPaOn �QUUdO)( mm�ntfy � CHA"'SES�E NC ve '• uww:ro �esp� `'roiectnu B°`^'mattV(Ne m�Jpoup.� Seam_ �o ism Refitehnet}t tr t� dale_ T 7173 F su t ',�L R1 s �I„`'r p t ORRESTGROUP �hEA�a�c',f4 013 G ur e Mew 3n i wwv SAa tno. e"l9pavpea 0 ;D Wo ® +.4r rY g i CIA . ATTACHMENT 6 TO REPORT PSD-062-13 Tel: 519,823.1311 BEST Fax: 519.823.131 G ',,'MANAGED r ,a' RWDI AIR Inc. ! COMPANIES 650 Woodlawn Road West t' i Guelph,Onlarlo,Canada WK 1BB CONSUDING EttGIItEERS &SCIFUTISTS Clarington — Proposed Official Plan Amendment and Rezoning Municipality of Clarington, Ontario Final Report Peer Review Consulting Services RWDI#1301949 September 16, 2013 i i SUBMITTED TO: SUBMITTED BY: Tracey Webster Nicole Korba Senior Planner Project Manager TWebster@clarington.net Nicole.Korba(a)rwdi.com Municipality of Clarington Mike Lepage,M.Sc.,ACM,CCM Development Review Branch Project Director 40 Temperance Street Mike.Legage(a),rwdi.com Bowmanville, ON L1C 3A6 David Cotsman,P.Eng. Air Quality Specialist David.Cotsman�a),rwdi.com This document is intended for the sole use of the party to whom It Is addressed and may contain information that is privileged andfor confidential.If you have received this in error,please notify us Immediately. RWDI name and logo are registered trademarks in Canada and the United Stales o(Ame6ca Reputation Resources Results Canada I USA I UK ( India i China I Hong Kong I Singapore www.twdi.coin 8-88 Clarington-Proposed Official Plan Amendment and Rezoning 0 Peer Review Consulling Services i RW01#1301940 September 16,2013 CONSULTING EflGNEERS F.SCIENTISTS TABLE OF CONTENTS _ 1. INTRODUCTIO N...................................................................................................................................1 2. D-6 GUIDELINE EVALUATION...........................................................................................................1 3. ODOUR.................................................................................................................................................3 4. DUST l CARBON BLACK.......................... 5. SITE VISIT.......................................................................................................................................I....4 1 6. CONCLUSIONS....................................................................................................................................5 r 7. RECOMMENDATIONS.........................................................................................................................6 7.1 Phase 1 .........................................................................................................................................6 7.2 Phase 2.........................................................................................................................................6 Figures Figure 1: Cobourg Annual Windrose I I i Reputation Resources Results Canada i USA I UK I India I Chlna I Hong Kong I Singapore www.iwdi.coni 8-89 Claring ton-Proposed Official Plan Amendment and Rezoning Peer Review Consulting Services 1 RWDIN1301949 September 10,2013 Page t U145ULTING£kGINE£RS &SCIENTISTS 1. INTRODUCTION On April 2, 2012, the Forrest Group submitted a formal application to arnend the Municipality of Clarington Official Plan and Zoning Bylaw 8463 to permit the development of a 155 suite, 5 storey retirement residence (Phase 1) and a 104 unit, 6 storey senior's apartment building (Phase 2). The development is proposed to be located at 105 Queen Street in Bowmanville, Ontario. The proposed site is the former Bowmanville Senior Public School which has been vacant since 2007. The Durham Regional Official Plan designates the land as Regional Centre, the Clarington Official Plan designates the land as Town Centre and the Bowmanville East Town Centre Secondary Plan designates the land as Community Facility and Environmental Protection Area. Given the land designations, an amendment of the Official Plans and a rezoning of the subject land is required to allow for the development as proposed by the Forrest Group. i The Municipality of Clarington, in accordance with Section 23.15.1 e) of Amendment No. 77 to the Clarington Official Plan, gives right to the Municipality to request a peer review of the required studies and i reports by a qualified consultant. RWDI AIR Inc. (RWDI) was retained by the Municipality of Clarington to review and comment on the reports included with the application. This report specifically details the review of the four following documents: 1. "D-6 Guideline Evaluation and Justifying Impact Assessment, 105 Queen Street East, Bowmanville, i Ontario",dated November 21, 2012, prepared by Urban& Environmental Management Inc, i 2. "Addendurn to D-6 Guideline Evaluation and Justifying Impact Assessment, 105 Queen Street East, Bowmanville, Ontario", dated May 17,2013, prepared by Urban& Environmental Management Inc. 3. "Land Use Compatibility Assessment — GoodyearNeyance Technologies and Proposed Seniors Residence (Former Bowmanville Senior Public School Site)", dated September 13, 2012, prepared by SENES Consultants Limited. 4. Report Addendum to"Land Use Compatibility Assessment--G oodyea rNeya lice Technologies and Proposed Seniors Residence (Former Bowmanville Senior Public School Site)", dated April 25, 2013, prepared by SENES Consultants Limited. This report has been updated based on a teleconference on August 2.2, 2013 and cornments received from SENES in a memorandum dated August 29,2013, 2. D-6 GUIDELINE EVALUATION In the November 21, 2012 report, Urban & Environmental Management Inc. (UEM) provides a review of the Ontario Ministry of the Environment's (MOE)"Guideline D-6 Compatibility between Industrial Facilities and Sensitive Land Uses". UEM identified five existing or proposed industrial land uses.within 1000m of the subject property and classified them as either Class I, Class 11 or Class III industries, as per the subjective definition provided in D-6. For each class, D-6 identifies a representative zone of Influence i within which noise, odour and/or dust impacts may occur, based on past MOE case studies and complaint history analyses. UEM report shows that 4 out of 5 of the identified industrial uses are well Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore wwwdWdl.com 8-90 Cia ring(on-Prop osed Official Pian Amendment and Rezoning Peer Review Consulting Services i RWDI#1301949 September 16,2013 Page 2 CONSULTING ENGINEERS R SCIENTISTS outside their zones of influence with respect to the subject property. The fifth industrial use, Veyance Technologies, is well within the zone of influence. In addition to defining representative zones of influence, Guideline D-6 also recommends a minimum separation distance for each class of industry. UEM looked closely at the separation distances for Veyance Technologies and concluded that Phase I of the proposed development meets the recommended minimum separation distance of 70m for a Class II industry, but Phase II does not. RWDI concurs with this finding of UEM, but we note that even though Phase I meets the minimum recommended separation distance of D-6, this does not necessarily mean that there will be no dust or odour impact. UEM goes on to say that Phase II of the development meets the test of an infill development, for which Guideline D-6 indicates it may not be possible to meet the minimum recommended separation distance. RWDI agrees, but notes that in these cases, D-6 spells out several limitations that should be applied when approving such infilis. Among these limitations is a requirement for an "assessment of the types and levels of contaminant discharges being generated by current industrial facilities, including those associated with transportation facilities that serve the industries." i I UEM refers to Section 4.6 of D-6,which is where the guideline recommends that the proponent undertake studies of odour, dust and noise. UEM indicates the these studies were done. The UEM reports provide a summary of the findings of the "Land Use Compatibility Assessment" and addendum prepared by SENES Consultants Limited (SENES), The conclusion of the UEM reports is that Phase 1 of the development can proceed as it meets.the minimum set back requirements specified in D-6. The report notes that noise mitigation measures proposed by Veyance and required under the Ontario Environmental Protection Act (EPA) can achieve their obligations at existing residences and Phase 1 of the proposed development. For Phase 2, the UEM report recommends an agreement with the proponent to implement mitigative measures and that a provision of a Holding designation be placed on the zoning until the mitigative I measures are in place and proven to be effective. i For both Phase 1 and Phase 2, the May 2013 UEM report notes that the"minor and infrequent nuisance impacts related to odour and dust would meet the MOE D-series definition of trivial impact" as per the conclusions of the SENES reports. As discussed below, RWDI disagrees with this conclusion, and instead, concludes that further assessment is needed to determine whether the frequency and magnitude of impacts is Sufficiently small to be considered as trivial. Environmental Compliance Approval As noted, the Veyance facility has 2 existing Environmental Compliance Approvals (ECAs) for the facility for 2 of the 3 baghouses. The SENES studies indicated that the third baghouse has been grandfathered. Under the current regulatory regime, grandfathering is not permitted and this source requires approval for the facility to comply with Section 9 of the Environmental Protection Act. Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore www.rwdi.coni 8-91 Clarington-Proposed Official Plan Amendment and Rezoning 0 Peer Review Consulting Services RWDI 91301949 September 16,2013 Page 3 CONSULTING EUGINEERS G SO(WISTS As discussed later in this report, the potential impacts frorn Veyance include odour and carbon black. There is currently no published standard or guideline for odour however, the level of 1 OU, at a frequency of exceedence of 0,5%of the time, is the desired level based on MOE guidance to date and this has been adopted-in the pest by the MOE as a condition of ECAs for facilities that are known to emit odours. It is RWDI's opinion that a level of 1 OU, exceeded at a frequency of 0.5% of the time or less, is an appropriate test of whether or not the odour can be considered trivial. The current standard (schedule 2) that applies to Veyance for carbon black is 25 pg/m'(1/2 hour average) and in 2020 schedule 3 applies and the standard reduces to 10 frg/m' (24 hour average). The standards for carbon black are based on the soiling properties as described in the SENES report dated September 13, 2012. Here again, RWDI concludes that this standard for carbon black is the appropriate test for i triviality.. The odour level of 1 OU, at a frequency of 0.5% of the time, and the carbon black standards of 25 and 10 frg/m' represent objective indicators of whether or not the impacts of the facility can be considered trivial. The Veyance facility should be assessed against these objective levels. { SENES stated that there may be compliance issues in relation to carbon black once a full assessment is completed. RWDI concurs with this statement. If compliance issues are identified, then an abaternent plan will need to be developed and implemented. Any abaternent completed at the facility will decrease l any potential impacts at the subject property. i 3. ODOUR The SENES reports discuss the observed odour impacts at the facility. During field measurements, measurements of 1 to 4 OU were observed converted to a 10-minute average. These odour concentrations are in the range typically described as detection/recognition. It should be noted that although SENES timed their site visits to coincide with favourable wind speeds and directions, odour was detected on each visit. Although not the dominant wind direct, based on a windrose for Cobourg, Ontario, winds blow from the south to southeast(i.e. from Veyance toward the subject property) approximately 4% of the tirne. The wind rose is attached in Figure 1, Based on a 24-hr operation at Veyance, there is potential that an odour level above 1 OU greater than 0.5%of the time(44 hours per year) is exceeded at the subject property. As described above, the level of 1 OU, not to be exceeded more than 0.5% of the time, is the desired level applied by the MOE. In addition, it was observed on the June 28a', 2012 site visit that the odour levels were more noticeable and stronger at the top of a hill in the direction of the subject property(at the school). Therefore, there is potential that the above ground floors of the proposed seniors' residence may experience stronger Impacts than those currently observed at nearby residences. There are also infrequent but consistent odour complaints. Complaints typically occur at higher odour concentrations so although there are typically only 1-4 complaints a year, this is not a good indicator of the frequency of odour concentrations above 1 OU,which is, by definition, the detection level of an odour. Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore www.rwdt.Com 8-92 Clarington•Proposed Official Plan Amendment and Rezoning Peer Review Consulting Services RW0191301949 September 16,2013 Page 4 CONSULTING WGINE£RS F,SCIEMISTS 4. DUST 1 CARBON BLACK As noted in the SENES report, the dust issues related to the facility are due to carbon black. SENES noted visible staining on nearby residences and that there have been historical issues related to carbon black emissions and spills. In the SENES addendum report, a comparison of the potential dust impacts to the MOE dustfall (particulate fallout)ambient air quality criterion of 7 gh-030 days. They observed that"the amount of dust on residential properties, discussions with local residents, survey responses , and lack of complaints related to dust deposition in Me MOE files, the level of dust deposition currently being experienced appeals to be very low and below this criterion". It should be noted,that the MOE's standards for carbon black are significantly more stringent than those for particulate matter due to the soiling characteristics of carbon black. As described above, the current standard (schedule 2) that applies to Veyance for carbon black is 25 pg/m' compared with 100 pg/m' for Total Suspended Particulate Matter (112 hour averages) and in 2020 schedule 3 applies and the standard reduces to 10 pg/m'for carbon black compared with 120 pglm' for Total Suspended Particulate Matter(24 hour averages).SENES concludes that the dustfall criteria are met; however, these criteria are based on total particulate matter and not based on a compound with a significantly higher potential to cause soiling, as demonstrated with the more stringent standard for carbon black, As observed with odour, there is potential that the higher elevations of the proposed seniors' residence will'experience higher concentrations of carbon black. The SENES report identified two baghouses relevant to the handling of carbon black at Veyance: the No. 1 mixer baghouse and the preparation area baghouse. SENES expressed some concern over the preparation area baghouse because of its proximity to the proposed development and the fact that it discharges horizontally, beside the building. SENES identified a potential for"occasional but significant nuisance effects" and suggested that proper configuration, operation and maintenance of this baghouse were key to minimizing upset erissions. Reconfiguration of the exhaust stack from this baghouse so that it exhausts vertically, above the roof level, was suggested to enhance the dispersion and reduce the potential for impacts from an upset. RWDI concurs with this suggestion, but notes that even that might not be sufficient to mitigate impacts on an adjacent, multistory residential building. It is also unclear whether the baghouse as currently configured or with a vertical discharge would meet the provincial standard for carbon black at the nearest points of impingement. 5. SITE VISIT A site visit was conducted by RWDI personnel on July 22,2013. Visible impacts of carbon black were not observed at the subject property. The winds were blowing from southeast to northwest, Winds were very low, gusting to around 10km/h. During lulls in the wind, a mild rubber smell was noticeable in the parking lot. There was no noticeable odour to the west of the facility on the school property, or to the east of the facility. Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore www.rwdi.corn 8-93 Ciarington-Proposed Official Plan Amendment and Rezoning Peer Review Consulting Services RWDI#1301949 September 16,2013 � Page 5 COUSUIDRG ENGINEERS &SCIENTISTS 6. CONCLUSIONS Based on the history of odour and carbon black complaints and the observation of odours by SENES, UEM's classification of Veyance as a Class II facility under Guideline D-6, with a minimum recommended separation distance of 70m and a potential zone of influence of 300m, seems reasonable. Phase 1 of the proposed development meets the minimum separation distance of 70m with respect to Veyance, but is well within the 3bOm zone of influence. Phase 2 of the proposed development does not meet the minimum separation distance of 70m, but meets the test of an infill,which means that development within the minitnum separation distance may be acceptable if certain requirements are met. D-6 recommends that a study of dust and odours be done, and this recommendation applies to both Phase 1 and Phase 2. A study was undertaken by SENES, but RWDI finds the study to be inconclusive in terms of whether the facility would produce levels of odour or carbon black at the proposed development that can be considered trivial. It is difficult to discuss the impacts of-Veyance on the subject property without Veyance updating their Emission Summary and Dispersion Modelling (ESDM) Report to include all sources onsite, including roof monitor(s), for odour and carbon black. The dispersion modeling would provide an indication of whether the facility meets the test for trivial odour impact and whether it meets the provincial standard for carbon black under normal operating conditions. Veyance has an ongoing history of odour complaints. SENES detected odours around the Veyance facility on every visit to the site, including odours on the subject property during one of the visits. The odour levels were found to be 'stronger at higher elevations, which is an undesirable finding for a multi-storey residential building. SENES also indicated that there may be compliance issues with respect to carbon black and raised legitimate concerns with respect to the preparation baghouse, where carbon black is handled and suggested a mitigation option for the baghouse exhaust. Ultimately, SENES concluded that "the potential minor and infrequent nuisance impacts related to dust and odour would meet the definition of a trivial impact". RWDI disagrees with this statement. Until the odour and dust impacts at the site are evaluated in a more objective manner, it cannot be concluded that the nuisance impacts on the site meet the definition of a trivial impact at either Phase 1 or Phase 2 of the proposed development. Notwithstanding that SENES considered the impacts to be trivial; they proposed certain mitigation measures for Phase 2 of the proposed development. These measures consisted of warning clauses on title or lease, and ensuring the capability to retrofit dust and odour filtering on the central air system, if such measures prove to be necessary. In RWDI's view, these measures are applicable to both Phase 1 and Phase 2 of the proposed development, along with the additional measure of providing air conditioning or central air conditioning to all the units, so that windows and balcony doors can be closed comfortably when an odour event occurs. A further additional measure is that the mitigation suggested by SENES for the preparation baghouse at Veyance(duct the exhaust so that it discharges vertically,above the roof)be implemented. I Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore www.rwdi.com 8--94 Cla ring ton-Proposed Orricial Plan Amendment and Rezoning Peer Review Consulting Services }' RWDI#1301949 September 16,2013 c;• Page 6 MAULING ENGINEERS C SCIEIlTISTS For Phase 2, the level of concern is heightened due to its closer proximity to the Veyance facility. In this case, more objective studies of odour and carbon black than the study conducted by SENES are desirable to confirm whether or not there is a potential for non-trivial impacts and, if so, implement appropriate mitigation measures at Veyance Technologies Ltd. Such studies would be consistent.with the requirements for an infill set out in Guideline D-6, The need for such studies could be fulfilled by Veyance updating their Emission Summary and Dispersion Model (ESDM) report and Environmental Compliance Approval. SENES has contacted the MOE, who confirmed that Veyance is in the process of updating their ESDM and will be required to submit shortly(no specific timeline identified). Under the circttrnstances, it is likely that the MOE would require both odours and carbon black to be included as contaminants within the assessment. Presumably, the MOE would also ensure that the elevated points of impingement associated with the proposed development be taken into account in the analysis, to the extent that the design of the proposed buildings is known, if mitigation is found to be necessary, the MOE process could lead to an abatement plan with a specified schedule for implementation. However, RWDI's experience has been that timelines for completion of approvals processes, and timelines for abatement plans are highly variable and often lengthy, i RWDI recommends a similar approach to odour and dust to that recommended for Phase 2 by VaICOLIStICS Canada Ltd. for noise. Valcoustics recommended that Phase 2 be under a Holding provision until a site plan agreement, updated noise report and mitigation agreement between the developer and I Veyance Technologies is in place. In the case of odour and dust, the}told could be kept in place until the i rnore objective study mentioned previously is complete and any non-trivial impacts identified by the study I are mitigated at the source. As noted in the August 29, 2013 SENES memorandum, Phase 2 is several years from being constructed and this should allow Sufficient time for the above assessment and/or Environmental Compliance Approval process to be completed. 7. RECOMMENDATIONS Based on RWDI's review of the relevant studies, the following are recommended. 7.1 Phase 1 Warning clauses on title or lease. Capability to retrofit dust and odour filtering on the central air systern. Mitigation of the preparation baghouse at Veyance(duct the exhaust so that it discharges vertically, above the roof). 7.2 Phase 2 • Same as Phase 1; plus, • Completion of an additional study of odours and carbon black, in the manner prescribed by O. Reg. 419/05 and MOE supporting guidance, assessing carbon black against the Schedule 3 standard, and odours against the MOE guidance of 1.0 OU at a frequency of 0.5%of the time, • Implementation of mitigation measures, if any, required for compliance with these limits. Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore wvvw.rwdi.com 8-95 f i 1 I i i FIGURES i 6®96 OD CO -4 N NNW, ENE Probability Speed (m/s) M Calm 6.3 1-3 43.4 4-6 36.1 7-9 -10.8 10-12 27 >12 0.7 33W/ I SSE Annua0 Winds Directiona0 Distribution of Winds (Bfowg From) Figure No. I Cobourg Automated Station(1993-2007) Proposed Official Plan Amendment and Rezoning—Clarington.'Ontano, Project#1301949 Date. September 13,2013 ATTACHMENT 7 TO REPORT PSD-062-13 October t 2013 Tracey Webster; Senior Planner RI 1 0 c} Community Planning and Design Branch .0 Municipality of Clarington 40 Temperance Street Mllpt�NNIN [f?ARTM �ITN p B ow manville,.Ontario, L 1 C 3A6 i Mrs. Webster: 7`ho r'taflronal Munrclpality Re: Official Plan Amendment and Rezoning Applications of Durham COPA 2012-003 and ZBA 2012-007 (Subn lsss!on #3) P1111ning and Economic Applicant: Forrest Group. f)nvolapm©nt l:)el7arlment Location, 105 Queen Street Planning pivislon Part of Lot 12, Concession 1, former gowmanville (305 ftossl..nNO ran. E. Municipality: Clarington ,rTll l'L.boR Po box 023 WHITBY ON .1N F>n3 CANADA The Region previously p rovided comments on this proposal in our letter 905-L366-7711 dated May 16, 2012. At that time, the application had been deemed 1,800.372-1102 "Incomplete", Followin the submission of a cnm lete application, the Fax:905-666-6208 p g p pp Email:planning0durham.ca Region provided updated comments in our letter dated March, 4, 2013, which vrtvw.durl,anr,ca still expressed concerns related to odour, dust and noise impacts on the proposed development. A series of addendum.reports have since been A.L.Ooorgloff,MCIP,APP submitted and Peer Reviewed. commissioner of Plarin*i and 1=rononilc 17ovnlopmenf The comments in the Region's previous letters related to Official Plan and Provincial Plan conformity, servicing, and other matters remain applicable, This letter provides clarification related to noise, dust and odour and the Region's requirements for approval of the subject applications. D-6 Guideline Evaluation In support of the application, a Land Use Capability report titled"D-6 Guideline.Evaluation" (UEM Inc,, November 2012) and an Addendum Letter (May 17, 2013) has been submitted. This report summarizes the Noise and Dust/Odour Assessment reports and relates the findings to the minimum setback requirements.as outlined in the.D-6 guidelines, The D-6'Guldelines Evaluation and Addendumn Letter has been assessed as part of the Peer j Review of the Noise and DUSt/Odour studies. Pgtgntial N©ise. Irn acts j The subject applications propose a sensitive land use.(senior's residence) adjacent to an industrial facility. In order to ensure that there.are no noise conflicts present, a noise assessment was requested. In support of the application an Environmental Noise Feasibility Study has been submitted "Sorvica Ex0e1101100 for our communwos', IM Post Consumer 8-98 Page 2 (prepared by Valeoustics Canada Ltd, Nov. 2012). The Noise Feasibility Study addresses potential impacts from adjacent roadways (Queen Street) as well as stationary sources (the adjacent Veyance manufacturing facility). A subsequent noise addendum letter (Valeoustics Canada Ltd, May 2, 2013) has also been received, which provides clarification in areas such as implementation of mitigation measures and conditions of approval Given the complex nature of the Noise Feasibility Study/addendum letter, a Peer Review was conducted. The Peer Reviewer's final report (RWDI Air Inc., September 10, 2013) has been reviewed by Regional staff. It is noted that the Peer Reviewer generally agrees with the Valcoustic recommendations and approach, which includes separate implementation measures, such Site Plan Approval, fixture Noise Study Updates and Holding Provisions as well at source mitigation measures for Phase 1 and 2 of the proposal. A few area of minor disagreement or areas where additional consideration should be taken have been identified by the Peer Reviewer, which are recognized as being a non-'issue or have the ability to be clarified as part of the future Noise Assessment(s). The Region is satisfied with Valcoustic's findings and proposed mitigation measures,'and is satisfied with the general agreement provided by the Peer Reviewer. The implementation section of this letter contains the appropriate conditions of approval from the Region of Durham. Odour i Dust i In support of the application an Odour/ Dust assessment titled "Land Use Compatibility Assessment" (SENES Consultants Limited, September 2012) was submitted. In addition, a report addendum was also submitted in support of the application (SENES Consultants Limited, April 25, 2013). The reports address potential odour and dust impacts associated with the Veyance facility. The reports conclude that potential impacts on the proposed development, in their opinion; meet the definition of"Trivial". Given the complex nature of the Odour/ Dust assessments, a i'eer Review was conducted. The Peer Review.er's final report (RWDI Air Inc., September 16, 2013) has been reviewed by Regional staff, The Peer Review report recognizes the difficulty of assessing the impacts of Veyance on the subject property where there are no up-to-date Emission Summary and Dispersion Modeling (ESDM). In addition, the Peer Reviewer disagrees with the SENES finding that the potential odour/(lust conflicts meet the Ministry of Environment's definition of"Trival", particularly at Phase 2 .where the proposed building does not meet the D-6 guidelines recommend separation distance. The Peer Review report offers some recommendations in order to address these issues, A number of mitigation measures are proposed for Phase 1, ! and the use of a Holding Provision to address the lack of updated EDSM 8-99 Page 3 information, that will be submitted as part of Voyance's Environmental Compliance Approval submission, for Phase Z. The Region is satisfied with the Peer Reviewer's recommended approach. 1-he Implementation section of this letter contains the appropriate conditions of approval from the Region of Durham, Environmental Cornplianee App_royal It is understood that the Veyance facility has submitted an Environmental Compliance Approval (ECA) for Air application to the Ministry of the Environment (MOE). The ECA process.will assess all emissions (noise, odour, dust) in the application from the Veyance facility and determine their compliance with MOE standards. Should modifications be required to Veyance's equipment these will be incorporated:in thdir new ECA. It is Veyance's responsibility to comply with MOE standards and with the terms and conditions of their new ECA, If there are non-compliance issues in the future, the Minisfry will deal with Veyance through voluntary and/or mandatory abatement tools depending on what the situation warrants. It is Important to note, that while a company may be operating in compliance with their ECA, their operation may still cause an adverse effect on off-site sensitive receptors such as residences, etc. For such instances, the MOE ' provides a complaint reporting process in which a provincial officer will investigate reported adverse impacts and determine if any further mitigation is required: 1 Wis noted that the Peer Review of the odour assessment included a recommendation that an existing exhaust vent be modified to vent vertically ! (as opposed to horizontally). This recommendation has been discussed with staff from MO,E. MOE:has indicated that recommendations from parties other than Veyance, their consultant.and the Ministry cannot be imposed by MOE on a proponent. Veyance's air pollution control equipment will be reviewed and assessed as part of the ECA process. Should mitigation or adjustment to any of the existing exhaust vents be required, they will be addressed through the ECA.process. Implementation. Conditions of Approval Outlined below, and in accordance with the supporting technical studies and peer review reports, are the Region of Durham's Planning and Economic Development Department (referred to as "the Legion") conditions of approval for Phase I and Phase 2 of the proposed development: Phase 1 That the implementing zoning by4law for Phase 1 shall be subject to a Holding 'kl' Provision. Conditions of the Holding will include; ! t 8-100 Page 4 o That the applicant submit a Record of Site Condition for the Phase 1 and Phase 2 Environmental Site Assessment to the Ministry of the Environment, with a Clearance Letter being provided to the Region of Durham to the Region's satisfaction. o That Site Plan Approval be granted and that the Developer enter into a Site Plan Agreement with the Municipality: o That as part of the Site Plan Approval process, an updated Noise Assessment which demonstrates compliance for Phase 1 with the Ministry of Environment's Noise Criteria be submitted. The updated Noise Assessment shall state that the Phase 1 mitigation works, as detailed in the May 2, 2013 Valcoustics Letter, have been completed, or alternatively, provide evidence that a Noise Abatement Action Plan has been executed between the Veyance Facility and the MOE to guarantee the mitigation measures will be secured prior to the occupancy of Phase 1. This requirement shall be completed to the Region's satisfaction, with the developer covering the expense of a further Peer Review, if required. That the Site Plan Agreement include a statement that the developer will implement the recommendations and mitigation measures of the Noise Feasibility Study (November 2, 2012) and Addendum Letter (May 2, 2013) as well as the required Phase 1 Noise Study Update. This includes mandatory central air conditioning, warning clauses and I conditions related to the issuance of building permits. ® That the Site Plan Agreement contain the recommended mitigation measures as outlined in the peer review of the odour and dust assessments to the Region's satisfaction. This includes: o Warning Clauses which Wiil be registered on title or lease indicating the proximity and potential for impacts from the adjacent Veyance facility. o Mandatory air conditioning for all units. o The capability to retrofit dust and.odour fitting on the central air system. Phase 2 o That the implementing zoning by-law for Phase 2 be subject to a Holding 'H' Provision. Conditions of the Holding will include: o That the applicant submit a Record of Site Condition for the Phase 1 and Phase 2 Environmental Site Assessment to the 8-101 Page 5 Ministry of the Environment; with a Clearance Letter being provided to the Region.of Durham to the Region's satisfaction. o That Site Plan Approval be granted and that the Developer eater into a Site Plan Agreement with the Municipality, o That an updated Noise:Report which demonstrates compliance for Phase.2 with the Ministry of Environment's Noise Criteria be submitted, The updated Noise Assessment shall state that the Phase 2 mitigation works, as detailed in the May 2, 2013 Valcoustics Letter, have been completed, or alternatively, provide evidence that a Legal Agreement between the Developer and the Veyance Facility has been entered into, which will ensure the mitigation measures will be secured prior to the occupancy of Phase 2. This'study shall be conducted in tandem with Site Plan Approval of.Phase 2, and shall identify any changes or modifications to the design of the Phase 2 building if necessary. This requirement shall be completed to the.Region's satisfaction, with the developer covering the expense of a further Peer Review, if required. The Developer further recognizes and agrees that where responsible for mitigation work at source, the Developer will post securities with the Municipality of Clarington to ensure the work is completed to the Municipality's and Region's satisfaction. o That a new study addressing odour and dust issues in , accordance with the Peer Reviewer's recommendation be prepared. This new study shall be completed in accordance with Ontario Regulation 413/05 and the Ministry of Environment's supporting guidance, This updated.study shall identify any mitigation measures, warning clauses or design modifications that may be required and secured through the. Site Plan Approval process, This requirement shall be completed to the Region's satisfaction, with the developer covering the expense of a further Peer Review, if required -chat the Site Plan Agreement include a statement that'the developer will implement the recommendations and mitigation measures of the Noise Feasibility Study (November 2, 2012) and Addendum Letter (May 2, 2013) as well as the required Phase 2 Noise Study update and the new Odour and Dust assessment. This includes mandatory central air conditioning and warning clauses, and conditions related to the issuance of building permits. Conclusion The Official Plan amendment is considered to have no significant Regional or Provincial concerns and is exempt from Regional approval, provided the 8-102 . Page 6 above issues identified above are addressed to the satisfaction of the Region of Durham, Please advise the Commissioner of Planning and Economic Development Of your Council's decislon, If Council adopts an Amendment, please forward a record to this Department within 15 days of the date of adoption. The record should include the following: © Two (2) copies of the adopted amendment; © A copy of the adopting bylaw; and . o A copy of the staff report and any relevant materials. If you have any questions or concerns, please call Brad Anderson, Project Planner, in this Department. Yours trul , Brian Brid eman, MCIP, RPP Director Current Planning i cc: Regional Works Department— John Molica Durham Region Transit— Martin Ward i t 8-103 • 11 REPORT LCQlliiig 1�iC wQ)' ENGINEERING SERVICES RTMN Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution #: By-law #: Report EGD-034-13 File #: Subject MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, 2013. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-034-13 be received for information. Submitted by: Z 1 Reviewed b A.S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/jo CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T(905)623-3379 F(905)623-1824 9-1 REPORT NO.: EGD-034-13 PAGE 2 1. BACKGROUND 1.1 With respect to the Building Permit Activity for the month of SEPTEMBER 2013, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF SEPTEMBER 2013 2012 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2013-2012 Residential 63 $6,678,972 86 $11,992,914 -44.3% Industrial 4 $1,812,000 6 $3,494,237 -48.1% Government 3 $21,190,000 2 $10,000 211,800.0% Commercial 3 $125,800 6 $638,460 -80.3% Institutional 2 $2,448,000 0 $0 N/A Agricultural 2 $45,000 .1 $20,000 125.0% Demolition 5 $0 3 $0 N/A TOTAL 82 $32,299,772 104 $16,155,611 99.9% YEAR TO DATE 2013 2012 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF %CHANGE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2013-2012 Residential 556 $86,941,897 659 $130,113,720 -33.2% Industrial 21 $16,731,775 17 $78,822,597 -78.8% Government 5 $21,251,100 7 $73,442 28,835.9% Commercial 52 $16,842,238 46 $16,940,780 -0.6% Institutional 21 $3,796,285 8 $15,817,592 -76.0% Agricultural 14 $1,196,132 11 $681,978 75.4% Demolition 55 $0 53 $0 N/A TOTAL 724 $146,759,427 801 $242,450,109 -39.5% 9-2 REPORT NO.: EGD-034=13 PAGE 3 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: Owner/ plioant -- ®rnsgruc ion T e _Location Value REGIONALS Police Services 2046 Maple,Grove Road, $ 13,250,000 MUNICIPALITY OF (East Division Maple Grove DURHAM Building) REGIONAL Police Services 2210 Bloor Street, Darlington $ 7,900,000 MUNICIPALITY OF (Forensic . DURHAM Investigation Facility) PVNCC DISTRICT Addition (St. 90 Parkway Crescent, $ 2,400,000 SCHOOL BOARD Joseph's CESI) Bowmanville REGIONAL Police Services 2046 Maple Grove Road, $ 1,750,000 MUNICIPALITY OF (Site Servicing) Maple Grove DURHAM 9-3 REPORT NO.: EGD-034-1 3 RAGE The following is a comparison of the types of dwelling units issued for the month of "SEPTEMBER" and "YEAR TO DATE". Dwelling Unit Type "SEPTEMBFIR" 2013 Dwelling Unit Type "YE'AR T® DA T F 2013" 1 76 10 Apartment Apartment /o 10 4 Town house �' 3% 1 ° 25% i Townhouse 40% 1 1 140 Single tti Detached 14 4 45% Single =fi 0 - Detached Semi- 56% --- Detached is Single Detached 14 84 ''Single Detached 140 0% Semi- L Semi-Detached 0 Detached U Semi-Detached 84 - -. 27%-- - - - -- - - - L'Townhouse 10 - U Townhouse 76 -?Apartment 1 'Apartment10 The following is a historical comparison of the building permits issued for the month of"SEPTEMBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of Histovic9al Data "YEAR TO DATE" "SEPTEMBER" $40,000,000 _ $2.40,000,000 $35,000,000 $210,000,000 -- - $180,000,000 $30,000,000 $25,000,000 $150,000,000 - - -- — - - $20,000,000 = $120,000,000 {'- $90,000,000$15,000,000 $60,000,000 $10,000,000 - $5,000,000 $30,000,000 $0 2013 2012 2011 2013 2012 2011 Value $146,759,427 $242,450,109 $217,488,688 Value $32,299,772 $16,155,611 t$11,480,630 9®4 REPORT NO.: EGD-034-13 PAGE 5 PERMIT REVENUES 2013 2012 September Year to Date September Year to Date PERMIT FEES $206,766 $1,032,840 $111,146 $1,468,753 INSPECTION SERVICES 2013 2012 September Year to Date September Year to Date Building Inspections 519 5,246 547 5,736 Plumbing & Heating Inspections 564 6,333 748 6,787 Pool Enclosure Inspections 7 134 1 57 TOTAL 1,090 11,713 1,296 12,580 NUMBER OF NEW RESIDENTIAL UNITS 2013 2012 September Year to Date September Year to Date Single Detached 14 140 23 290 Semi-Detached 0 84 14 66 Townhouse 10 76 0 53 Apartments 1 11 1 9 TOTAL 25 311 38 418 9-5 REPORT NO.: EGD-034-13 PAGE 6 RESIDENTIAL UNITS HISTORICAL COMPARISON YEAR: 2013 to end of 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 AREA September Bowmanville 137 291 360 282 98 340 451 609 307 587 468 Courtice 81 179 312 236 113 134 82 126 241 173 180 Newcastle 64 34 165 37 24 60 77 84 202 191 123 Wilmot Creek 2 2 5 8 9 30 16 15 15 25 29 Orono 1 1 1 1 0 2 1 1 1 2 0 Darlington 11 6 5 8 6 10 6 7 14 15 13 Clarke 5 10 8 6 11 5 11 12 13 10 16 Burketon 1 0 0 1 0 0 0 0 1 1 1 Enfield 0 0 0 0 0 0 0 0 0 0 0 Enniskillen 2 3 0 3 2 0 0 1 1 1 0 Hampton 0 1 1 0 0 0 0 1 0 0 3 Haydon 0 0 0 0 0 0 0 0 0 0 0 Kendal 0 0 0 1 1 0 1 0 0 1 0 Kirby 1 0 0 1 0 0 0 0 0 0 0 Leskard 0 0 0 0 0 0 0 0 0 0 0 Maple Grove 0 0 0 0 0 0 0 0 0 0 1 Mitchell Corners 1 1 1 0 0 0 1 0 0 1 0 Newtonville 4 6 3 7 5 7 2 2 4 5 3 Solina 1 3 1 1 5 0 6 3 3 3 3 Tyrone 0 0 1 1 0 5 0 0 0 0 3 TOTALS 311 537 863 593 274 593 655 861 802 1,015 843 9-6 REPORT NO.: EGD-034-13 PAGE 7 2. CONCURRENCE - Not Applicable CONFORMITY WITH STRATEGIC PLAN - Not Applicable Staff Contact: Rick Pigeon, Chief Building Official 9-7 Clarington REPORT ENGINEERING DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2011 Resolution#: By-law#: Report#: EGD-036-13 File#: Subject: TENDER AWARD APPROVAL FOR GREEN ROAD AND CPR GRADE SEPARATION, BOWMANVILLE, CONTRACT NO. CL2013-26 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-036-13 be received; 2. THAT the established GPA committee tender award approval process be waived for the tender award of the Green Road and CPR Grade Separation, Bowmanville, Contract No. CL2013-26; 3. THAT award of the tender for Contract No. CL2013-26 go direct to Council for approval consideration at the regular meeting of Council on November 4, 2013 and; 4. THAT the Mayor and Clerk be authorized to execute the agreement between the Canadian Pacific Railway Company and the Municipality of Clarington for the rail bridge over Green Road. )"'_Reviewed Y�Submitted by: � �' b } ( ` ) A.S. Cannella, C.E.T. Franklin Wu, Director of Engineering Chief Administrative Officer Services ASC/RA/dv October 21, 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-8 REPORT NO.: EGD-036-13 PAGE 2 1.01 PURPOSE 1.1 The purpose of this report is to recommend action to expedite the tender award process for the Green Road and CPR Grade Separation, Bowmanville, Contract No. CL2013-26, and maintain the established start date for project site works. 2.0 BACKGROUND 2.1 Design and tender preparation for the Green Road and CPR Grade Separation project was completed over the summer of 2013 with a scheduled tender closing date of October 17, 2013. Subject to approval of the tender award, site works were scheduled to begin on November 18, 2013, to take advantage of the remaining 2013 construction season. 2.2 Delayed Tender Release Date 2.3 While the project has remained within budget, $8,000,000 as provided for in the 2013 Capital Budget, several issues arose during the design and tender preparation phase of the project that delayed the release of tender documents to contractors bidding on the project. These issues included • a longer-than-anticipated review period with CP Rail despite positive ongoing communications during the design process • longer review processes with approving agencies due to complexity of design and the lengthy CP Rail review period . lengthy negotiations with landowners 2.4 Because of the preceding issues, the tender was released on October 3, 2013, with a tender closing date of October 17, 2013, creating a shorter-than-average tender period for a project of this complexity. 2.5 Extended Tender Closinq Date 2.6 Several inquiries were subsequently logged by contractors bidding on the project with discussion centred on difficulties regarding the limited time available to review complex tender documents and procure pricing from sub-consultants. Concern was raised that the shortened tender period could result in fewer bidders, less competition and higher prices. To assist bidders in providing viable bids, the tender review period was lengthened, first to October 18th and then to October 22nd of 2013. There are currently 23 plan takers for this project, some of which are major bridge contractors in Ontario. We want to accommodate them as best we can to ensure the Municipality has as many of these contractors submitting bids as possible in order to give the Municipality the most competitive bid. g_g REPORT NO.: EGD-036-13 PAGE 3 3.0 DISCUSSION 3.1 Maintenance of the established start date for site works is important due to the overall complexity of the project and a construction schedule that will require the remainder of the 2013 construction season and the full 2014 construction season to complete. Any delay in the 2013 start date for site works could negatively impact scheduling for the 2014 season which calls for opening of the grade separation in the fall of 2014. 3.2 Due to the extensions granted for the tender closing date, approval for the award of tender cannot be completed at the GPA committee meeting of October 28, 2013. Leaving this approval to the following GPA committee meeting for resolution by Council on November 18, 2013, would not allow the time necessary for the contractor to mobilize operations and begin site works in time to fully take advantage of the remaining 2013 construction season. 3.3 In addition to the approval of the proposed design work for the new railway bridge over Green Road, Canadian Pacific Railway Company and the Municipality of Clarington are in the process of completing negotiations to finalize an agreement for the sharing of costs, future maintenance, liability and other responsibilities related to the project. 4.0 CONCURRENCE 4.1 This report has been reviewed by Marie Marano, Director, Corporate Services who concur(s) with the recommendations. 5.0 CONCLUSION 5.1 To expedite timely award of the project and facilitate adherence to the proposed construction schedule, the GPA committee recommends that the established GPA committee tender award approval process be waived for the Green Road and CPR Grade Separation project, Contract No. CL2013-26, and forwarded for direct approval by Council at the regular meeting of Council on November 4, 2013. The tender award report will be prepared by Corporate Services' Purchasing Division. 5.2 Upon completion of the negotiations between CPR and the Municipality for the agreement related to the rail bridge over Green Road it is recommended that the Mayor and Clerk be authorized to execute the agreement. 9-10 REPORT NO.: EGD-036-13 PAGE 4 CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Ron Albright, Manager, Infrastructure and Capital Works Attachments: Attachment 1 - Key Plan of Site Location List of interested parties to be advised of Council's decision: Not Applicable 9-11 Cl 1 W ruN cries 11A7 r• PRINCE WILLIAM R ULEVRRD 1 t RUSNlOOD ST V rJbl. O CS u a A e, OALG C},p � f5P0 OL<! / RY ORES O ppOF\` O R-T-\'JELL,AYI�1U{1J V `�LU1J/ 4 CANDLER SONINCASTLEDR ESTONWAYDR ��/ I.IcBRIOE AVENUE V a j w m Y tGT 2 n ./]-'1'T uj [vnIJELI IIiIG�G-O-Ny1ST DRG in. y n fTl t` z O GREEN ROAD GRADE SEPARATION 9-12 Clarhigton REPORT ENGINEERING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-la Report#: EGD-037-13 File#: Subject: SMALL, RURAL AND NORTHERN MUNICIPAL INFRASTRUCTURE FUND RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-037-13 be received; 2. THAT the Municipality submit one (1) Expression of Interest for consideration of funding from the Small, Rural and Northern Municipal Infrastructure Fund program; 3. THAT the following works be endorsed as the Municipality of Clarington's highest priority project for the Small, Rural and Northern Municipal Infrastructure Fund: i) Concession Road 7 Road Rehabilitation from Leskard Road to Highway 35/115 - $1,030,000,00; 4. THAT the information in the Expression of Interest is factually accurate; 5. THAT the Municipality of Clarington is completing a comprehensive asset management plan that includes all of the information and analysis described in Building Together: Guide for Municipal Asset Management Plans, with the intent to have it in place by December 31, 2013. 6. THAT the comprehensive asset management plan will be publicly available, including online on the Municipality of Clarington's website, by May 30, 2014; 7. THAT the project put forward in this application will be completed by December 31, 2015. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-13 Cbrhwn REPORT ENGINEERING DEPARTMENT 8. THAT this report be forwarded to the Small, Rural and Northern Municipal Infrastructure Fund -Capital Program c/o Rural Programs Branch as part of the Expression of Interest; 9. THAT the applicable department proceed with the preparation and submission of the Expression of Interest including all supporting documentation; 10. THAT should the Expression of Interest pass the screening process the applicable department proceed with the preparation of the application for funding including all supporting documentation required under the program; 11. THAT should the Small, Rural and Northern Municipal Infrastructure Fund application be approved, staff report back to Council detailing the funding arrangements for the project as Clarington's share will not be known until the funding is approved. The Finance Department has confirmed funding is available for Clarington's share of the project; and 12. THAT the Mayor and Clerk be authorized to execute the Small, Rural and Northern Municipal Infrastructure Fund Contribution Agreement and any other documents required to take advantage of this funding opportunity as required by the Ministry of Rural Affairs. � ,fl Submitted by: Reviewed by: A.S. Cannella, C.E.T. Franklin Wu, Director of Engineering Chief Administrative Officer Services ASC/RA/dv/jb October 23, 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-14 REPORT NO.: EGD-037-13 PAGE 3 1.0 BACKGROUND 1.1 On October 1, 2013 the government of Ontario launched the Small, Rural and Northern Municipal Infrastructure Fund (SRNMIF). Through this new fund, municipalities can apply for $71 million in capital improvement funding. 1.2 The governing criteria which confirms Clarington is eligible for funding is that it is a community with a population under 100,000. Eligible applicants must submit an Expression of Interest (EOI) prior to 5:00 pm on November 1St, 2013. 2.0 SMALL, RURAL AND NORTHERN MUNICIPAL INFRASTRUCTURE FUND 2.1 The objective of the Small, Rural and Northern Municipal Infrastructure Fund — Capital Program is to support: ® Critical road, bridge, water and wastewater projects where the primary objective is to address urgent public health and safety issues or maintain public health and safety in the long-term. Projects identified as priorities in municipal asset management plans. • Applicants with challenging economic conditions and limited fiscal flexibility, with additional consideration for applicants who are making significant infrastructure investments. 2.2 This program has a two stage project selection process. First, eligible applicants may submit an Expression of Interest (EOI) for pre-screening. The intent of the pre-screening process is to identify projects that have the greatest potential for alignment with the program objective and to minimize the time municipalities and northern Local Services Boards (LSBs) spend preparing applications. 2.3 In their EOls, applicants must attest that their proposed project is a priority within their asset management plans and commit to make the plan publicly available, including online if the municipality/LSB has a website, by May 30, 2014. Applicants that pass the pre-screening process will be required to submit their asset management plan with their full application. Applications will be assessed, in part, based on the completeness of the applicant's asset management plan, . measured against Building Together: Guide for Municipal Asset Management Plans. 2.4 The share of provincial funding that may be requested is flexible up to a maximum of 90% of total project costs or $2 million, whichever is lower. Municipalities are asked to request only the amount of provincial funding that is needed to move forward with the project. 2.5 EOI's will be accepted for pre-screening until 5pm EST on November 1, 2013. Applicants that pass the pre-screening process will be notified as soon as possible and given the opportunity to submit a full application, which will be due in January 2014. Final decisions on funding recipients are planned for February 2014, with funds to begin flowing by March 31, 2014. 9-15 REPORT NO.: EGD-037®13 PAGE 4 3.0 STAFF COMMENTS 3.1 Staff has spent considerable time attempting to get clarity on the differing rules and process with respect to the funding opportunities in order to maximize the amount of funding that the Municipality may receive and leverage those funds to the best extent possible. 3.2 The Small, Rural and Northern Municipal Infrastructure Fund can receive one application for a Municipality's highest priority project. Submitting an application with multiple roads at different locations is not acceptable. It is recommended that the application be submitted for the following priority project: a) Concession Road 7 — Leskard Road to Highway 35/115 (2.35km): Major rural upgrade of high volume high float road to hot mix asphalt road including structure repair and safety improvements. Estimated cost is $1,030,000.00. 3,3 This section of Concession Road 7 was submitted for funding under the Infrastructure Stimulus Fund along with two other projects, of which Clarington only received funding for 1 project. It is assumed that the reason for the lack of funding for the two out of the three projects was due to the high number of applications submitted under the program and the limited amount of funds available for the program. This section of Concession Road 7 continues to be one of our highest priorities but Clarington is unable to dedicate the necessary funding for this single project without having a significant impact on the balance of our Capital Budget. This SRNMIF program provides an excellent opportunity to address this section of road and is consistent with the capital investments Clarington, the Province and Canada have made on this road to the west as well as Concession Road 7/8 to the north from Oshawa Townline to Hwy. 35/115. This section of Concession Road 7 continues to see increases in traffic due to its proximity and alignment to the existing 407 terminus in Pickering and it is anticipated that this traffic increase will be exacerbated with the extension of the 407 to Harmony Road. 3.4 At this time the Clarington portion of the total costs are unknown as the program may provide funding for up to 90% of the project cost up to a maximum of $2,000,000. Should the full 90% funding be approved, Clarington would be responsible for $103,000. As the amount is unknown it is recommended that the breakdown of the proposed funding sources be identified in a future report to Council once the decision on the funding by the Provincial government has been made. The Finance Department has confirmed that Clarington will be able to fund their share of the project costs. 3.5 The commitment by Clarington is a substantial but manageable one. However, the opportunity for this level of funding from an upper level government is rare and we are leveraging it to the greatest extent possible. This may have a small impact on Council's flexibility for the near future. 9-16 REPORT" NO.: EGD-037-13 PAGE 5 3.6 Subject to Council approval of this report, staff will undertake all necessary steps to submit all required documentation in support of our funding requests. 4.0 CONCURRENCE 4.1 This report has been reviewed by Nancy Taylor, Director of Finance, who concurs with the recommendations. 5.0 RECOMMENDATIONS 5.1 It is recommended that the application be submitted for the following priority project: a) Concession Road 7 — Leskard Road to Highway 35/115 (2.35km): Major rural upgrade of high volume high float road to hot mix asphalt road including structure repair and safety improvements. Estimated cost is $1,030,000.00. 5.2 It is recommended that the breakdown of the proposed funding sources be identified in a future report to Council when a decision on the funding by the Provincial government has been made and Clarington's application is approved. CONFORMITY WITH STRATEGIC PLAN — INVESTING IN INFRASTRUCTURE Staff Contact: Ron Albright, Manager, Infrastructure and Capital Works Attachments: Attachment 1 - Key Site Plan Location List of interested parties to be advised of Council's decision: Not Applicable 9-17 X CD O Pit N 4 J CA) • Clarington REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-law#: N/A Report#: CSD-010-13 File#: Subject: CLARINGTON FITNESS CENTRE — PROPOSED RENOVATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-010-13 be received; 2. THAT Council approve the Basic Amenities Option at a preliminary construction budget of $2,850,000; 3. THAT the growth related portion be financed from the Municipal Capital Works Reserve Fund in the amount of$508,000; 4. THAT the balance of financing of$2,342,000 is recommended to be financed from the following sources: Community Services Capital Reserve Fund $48,000 (unspent 2013 design budget) Community Services Capital Reserve Fund $400,000 Community Services Building Refurbishment Reserve Fund $200,000 Impact/Escrow Reserve Fund $600,000 Municipal Government Enterprise Reserve Fund $500,000, and General Municipal Purposes Reserve Fund $594,000; 5. THAT to the extent possible in the future, the financing of $508,000 from the Municipal Capital Works Reserve Fund be repaid from future collections' of the Indoor Recreation component of the Development Charges; and 6. THAT all interested parties listed in the report be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 12-1 C1 n REPORT COMMUNITY SERVICES DEPARTMENT Reviewed by: Submitted by: oseph P. Caruana Franklin Wu, Director, Community Chief Administrative Officer Services i J PC/ga CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET,'BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 12-2 REPORT NO.: CSD-010-13 PAGE 3 1.0 BACKGROUND 1.1 The Clarington Fitness Centre (CFC) was opened to the public in 1981 and has served the community very well since that time. During this current term of Council, staff has advised of various issues related to the aging of the facility, outdated amenities and implications resulting from recent accessibility legislation. 1.2 As part of the Community Services Department's ongoing preventative maintenance program, building profiles are conducted every five years on each of our recreation facilities. These profiles provide staff with the technical information required to develop our capital maintenance programs. In addition to the building profiles, the Department conducts accessibility audits on all recreation facilities, enabling staff to strategically address upgrades leading up to 2025 when the legislation requires that all our facilities must be fully accessible. 1.3 A Building Condition Assessment was completed by Algal Engineering in August of 2012 and the Barrier Removal Action Plan was completed by SPH Planning and Consulting in January of 2012. The recommendations provided in each of these studies form the basis of the schedule of improvements required to keep the facility performing at current standards while addressing legislated requirements for a fully accessible facility. 1.4 As the project evolved, staff also identified operational and programming constraints of the facility with the intention of providing a facility that meets the standards that our patrons have come to expect at our Municipal recreation facilities. 2.0 PUBLIC MEETING PROCESS 2.1 Whether we are contemplating construction of a new facility or renovating an existing facility, it is important that our community partners are involved with the planning process. For this project, meetings were held with our major facility users; the Clarington Swim Club, the Clarington Squash Club, and the aquafit and lane swim participants. In addition, two separate general public meetings were held where input for the project was received and considered by staff. 2.2 The Swim Club, lane swimmers and aquafit participants were quite clear in their desire to not alter the depth of the shallow end of the pool. The Swim Club and their members were very concerned that any change to the depth or structure of the pool would not allow the Club to sanction its swim meets and would hamper the growth of the Club. 2.3 The Squash Club expressed that their membership had experienced growth, particularly over the past two years, and that growth had warranted the addition of at least one and preferably two additional new squash courts to the facility. 12-3 REPORT NO.: CSD-010-13 PAGE 4 2.4 With the information gained at the initial stakeholder meetings, staff and the architects developed three concept options for consideration. Each of the options showed no changes to the depth of the shallow end of the pool or the pool structure itself. 2.5 A final public meeting was held with all stakeholders and the general public on September 5, 2013: Each of the concept options were displayed and staff, along with the consultants, were available to answer questions and take comments regarding each of the options. 2.6 Although each option has merit, there was no really clear preference from those in attendance as to which option was preferable. Of the 29 comment forms received, 14 favoured the teaching pool and squash option, 12 preferred the squash only option, while two preferred to upgrade the existing facility and one preferred the teaching pool design. 3.0 DESIGN OPTIONS 3.1 Each of the preliminary design options include the same upgrades to the facility components and amenities. These are referred to as the Project Components (Attachment 1) and are required as a result of the previously mentioned studies to extend the operational life of the facility, to make the facility compliant with accessibility (barrier free) legislation and to modernize the facility to today's standards. 3.2 Teaching Pool Expansion 3.2.1 This option (Attachment 2) provides a new teaching pool to be added adjacent to the south wall of the existing facility, new public viewing areas, improved service and reception and brings natural light into the pool area. The preliminary project budget for this option is estimated at approximately $4,400,000. 3.3 Squash Court Expansion 3.3.1 This option (Attachment 3) provides one additional squash court to be added to the north side of the facility, squash spectator viewing, improved pool viewing at upper level, improved service and reception. The preliminary project budget for this option is estimated at approximately $4,200,000. 3.4 Teaching Pool and Squash Court Expansion 3.4.1 This option (Attachment 4) is a combination of previous options and provides for an additional squash court, new teaching pool, improved public viewing (pool and squash), improved services and reception and also brings natural light into the pool area. The preliminary budget for this option is estimated at approximately $5,400,000. 12-4 REPORT NO.: CSD-010-13 PAGE 5 4.0 DESIGN CONSIDERATIONS 4.1 The Clarington Swim Club has experienced positive growth, particularly over the last two years. The Club's 2012-2013 membership is comprised of 54 competitive swimmers, 197 non-competitive swimmers and 71 masters for a total membership of 322 members. Staff is supportive of this organization and as such agree with the Club's position that altering the shallow end of the pool could be detrimental to the Club's future. 4.2 The Clarington Squash Club is a new Club with a history of a committed group of squash players. Working with Department staff this Club has recently adopted a constitution and is now operating as a not-for-profit organization with a membership base. Although the Club has experienced some growth, their membership numbers of 64 members do not support the addition of new facilities at this time. 4.3 In researching the standard ratio of members to court availability staff contacted Squash Ontario, who referred us to a squash consultant with Advantage Sport who advises that the industry benchmark suggests each court should accommodate 70 players. 4.4 As a result, it is staff's position that the existing two courts are adequate in terms of their current membership numbers while still providing for future growth of the sport and membership base. Staff does not support the Squash Club position that they require two new squash courts. There is room for the Club to operate with current membership numbers and also provide opportunity for growth with the existing two courts. 4.5 Department staff has reviewed the recent growth patterns for primarily pre-school aged aquatic programs (six months to six years). Based on information gathered from previous registrations as well as Community Forecast Projections as prepared by Hemson Consulting Ltd., it is our position that at the current projected rate of growth, staff can continue to accommodate new participants in the pre-school aquatic programs at both the Courtice Community Complex and Newcastle & District Recreation Complex in the short to medium time frame (three to five years). 4.6 That being said, as programs and pool space approach capacity the choice of day or time for available lessons will decrease. Beyond the five year window capacity could likely still be made available but may impact time currently utilized by other pool users. For example, public swim time converted to an instructional time. 12-5 REPORT NO.: CSD-010-13 PAGE 6 5.0 STAFF RECOMMENDATIONS 5.1 After careful consideration of the community consultation process, our staff project team is recommending a fourth option referred to as the Basic Amenities Option (Attachment 5) for the consideration of Council. This option encompasses the original intent of the project excluding any features that would alter the structure or depth of the existing pool. 5.2 The Basic Amenities Option accommodates a work program that accomplishes the majority of upgrades represented by the project components. Specifically it provides for replacement of the facility's major operating systems, improved - public viewing, the addition of a family change room, lighting improvements, washroom, change room and overall facility upgrades, and would address barrier free accessibility. The preliminary project budget for this option is estimated at $3,052,000. 6.0 PROJECT BUDGET/SCHEDULE 6.1 The proposed project budget is as follows; Construction $2,500,000 Contingency $ 250,000 Equipment and Furnishings $ 100,000 Architectural Fees (Previously Approved) $ 202,000 Total Project Estimate $3,052,000 6.2 Staff has prepared a revised project schedule as follows; Project Report to GPA October 28, 2013 Ratification — Council November.4, 2013 Tender Award to GPA February 17, 2014 Ratification — Council February 24, 2014 Building Closes to Public March 11, 2014 Construction March —December, 2014 Building Re-opening December 2014/January 2015 7.0 PROJECT FINANCING 7.1 The upgrades and renovations to the Clarington Fitness Centre are primarily non- growth related due to the bulk of the work revolving around the existing facility. However, there are added features such as the addition of a family change room that would qualify as expansion to the facility. The expanded square footage totals 2,500 square feet or 16.7%. This equates to approximately $508,000 that would be eligible for funding from the Indoor Recreation Development Charges Reserve Fund. As Council is aware, this reserve fund is currently deficient due to 12-6 REPORT NO.: CSD-010-13 PAGE 7 the slower than anticipated growth in units over the time frame of the current and previous by-law, As a result it is recommended that the growth component be financed from the Municipal Capital Works Reserve Fund with the proviso that should it be possible in the future, the $508,000 would be repaid from the Indoor Recreation component of the Development Charges collections. 7.2 The balance of financing of $2,342,000 is recommended to be financed from the following sources: Community Services Capital Reserve Fund $48,000 (unspent 2013 design budget) Community Services Capital Reserve Fund $400,000 Community Services Building Refurbishment Reserve Fund $200,000 Impact/Escrow Reserve Fund $600,000 Municipal Government Enterprise Reserve Fund $500,000 General Municipal Purposes Reserve Fund $594,000 7.3 A number of reserve funds have been recommended in order to spread the impact of the required funding across the reserve funds as long term asset management strategies will be considered in the future that will rely upon reserve funds for sources of funding. Should Council wish to proceed with other than the recommended option, consideration would have to be given to debenture financing rather than reserve fund financing due to the impact upon reserve fund balances that are needed for future long term asset management purposes. 7.4 Debenture financing was considered for this project due to currently favourable financing rates. However, as the project is primarily replacement, not growth, as referenced above, repayment would have to be financed from tax levy in future years. 8.0 COMMENTS 8.1 Staff is confident that the recommended option will allow the Clarington Fitness Centre to serve our community for years to come. When completed, the facility will have added a new elevator, new customer service/reception area and other upgrades, to make the facility fully accessible. 8.2 The addition of a family change room, second floor meeting space, new filtration and mechanical systems, and an overall facelift for the building components will improve our energy consumption and make the facility a more welcoming environment that supports our patron's expectations. 8.3 If approved, it is estimated that the upgrade will add a minimum of 15 years to the normal lifespan of the facility. 12-7 REPORT NO.: CSD-010-13 PAGE 3 9.0 CONCURRENCE This report has been reviewed by Nancy Taylor, Director of Finance, who concurs with the recommendations, CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development Maintaining financial stability _ Connecting Clarington _ Promoting green initiatives X Investing in infrastructure _ Showcasing our community _ Not in conformity with Strategic Plan Staff Contact: Joseph P. Caruana, Director of Community Services Attachments: Attachment 1 — Project Components Attachment 2 - Teaching Pool Expansion Option Attachment 3 - Squash Court Expansion Option Attachment 4 - Teaching Pool and Squash Court Expansion Option Attachment 5 - Basic Amenities Option List of interested parties to be advised of Council's decision: Clarington Squash Club Clarington Swim Club 12-8 Attachment 1 to Report CSD-010-13 MUNICIPALITY OF CLARINGTON COMMUNITY SERVICES DEPARTMENT CLARINGTON FITNESS CENTRE RENOVATION Project Components • Barrier free accessibility • Elevator to second floor • Public washroom upgrades (2nd floor) • Family change room with private cubicles and accessible change areas • Pool deck the replacement • Main pool finishes upgrades Improved finishes throughout public areas • Upgrade pool filtration equipment • Upgrade HVAC systems and controls • Pool dehumidification/improved air quality • Lighting improvements • Improved security and communications systems • Designated substances removal • Separate building fire alarm system from high school • Improved viewing • Service access to squash courts • Replace existing roof • Plumbing fixture replacement • Locker improvements • Additional power outlets at pool deck level • Additional power outlets at change rooms 12-9 Attachment 2 to Report CSD-010-13 MUNICIPALITY OF CLARINGTON COMMUNITY SERVICES DEPARTMENT CLARINGTON FITNESS CENTRE RENOVATION Teaching Pool Expansion Option ® Tot/Teaching Pool with ramped access and family viewing court ® Improved pool viewing at lower and upper levels • Men's &Women's change room upgrades • Improved service and reception area • Improved entrance and way-finding • Improved lifeguard station and change facilities • Natural lighting to pool area • New hot tub • New sauna • Barrier free family washroom ® Increased pool storage space 12-10 TEACHNG POOL EXPAN& ON Department Legend Ez94np _� _ EXISTING 2 STOREY SCHOOL I i ns,.nv�u.w PAR NG rsx4�OMW O '� .4w1pa �wnf� gg I� Q •oau `� '�' i 90EWAtK I � O xure mwp RL»]VE PARTS 1 O PARRNGREDGCED OF PMKNG OP LZSTWG LCTIC O 0Y6-]SPACES O SRO PANELS AVp AOD = ~'� NEW W WOOWS PROJECT: es PARNNG Clarington Fitness D Centre AO LIBERTY ST NORTH j OVR1N[OP E%tSING rt &111DNG EDGE CLARINGTON F ,I CLARINGTON au. D � OBSERVING ________ __ a W " GROUND _ GRROUND FLOOR W", ® O ADDITION ADDITION ni Level 1 �+ "=^-r- _- 13080 A101 Cn N � o .L t �► W No ND 1=7 I " _ �rweFe[tow 0 Ja I g- �oasrNawNOOwa i LCWCR>n nAOR EODEOFFYJSTNO mum I �� urt♦a�x[�v O. ...M0ws I � VROJFGT: i Centre Fitness D Roovaiow\ .Q Centre 40 LIBERTY ST NORTH r-f- �__J. MUNICIPALMYOF CtARINGTON 0 . 0 cECON SECOND FLOOR ROOF �n BEI,OW� I \V O av�''OCUn nm - CD O lJ 13080 A102 j cf) t O O W Attachment 3 to Report CSD-010-13 MUNICIPALITY OF CLARINGTON COMMUNITY SERVICES DEPARTMENT CLARINGTON FITNESS CENTRE RENOVATION Squash Court Expansion Option • Additional squash court • Squash court spectator viewing area • Improved pool viewing at upper level • Men's & Women's change room upgrades • Improved service and reception area • Improved entrance and way-finding • Improved lifeguard station and change facilities • New hot tub • New sauna • Barrier free family washroom 12-13 I SQUASH COURT EXPANSION Department Legend tiQR ❑ExkYnp T•7 New EXISTING 2 STOREY SCHOOL I i i ovr*�uiya �i wm . -� O PA NG _II WDDWNN I C.I — ® 01"iOU e*oP ,NG Wa� GDMD ' PflDIELY: -P-1. ClaringtOn Fitness ' 49 UBLERTYST NORTH �>y. ounws of EXK:Te�G � .--�- arenena weev i elAU%4vG EDGG MUN:CIPALnYOF ® i CLAR:NGTCN n p GROUND FLOOR I O ADDITION. Vitl -- 13080 A101 n 0 O W 9ip•V,al n ..J n �,y, — RooFOmw mR.nRawN � wmwFUwo1 D D � 0 � o "1t Nw�oosrwp wNOOws ,GwFn TO FwoR Q i0N E➢G[OFF%ISiNG &1lDINp J NeN WNpONS ' / � FRGIEGT: O Claringtpn Fitness ROOFS OW\ centre C LIBERTY ST NORTN _ MUN:C:PALITYOF GLARNGTON C7 Qa � dUWNp: SECONDFLCOR (D O nwn uunm ID O n Level 2 13080 A102 (fj N O_ O � I � W Attachment 4 to Report CSD-010-13 MUNICIPALITY OF CLARINGTON COMMUNITY SERVICES DEPARTMENT CLARINGTON FITNESS CENTRE RENOVATION Teaching Pool and Tot Pool Expansion Option • Tot/Teaching pool with ramped access and family viewing court • Additional squash court • Squash court spectator viewing area • Improved pool viewing at lower and upper levels • Men's &Women's change room upgrades • Improved service and reception area • Improved entrance and way-finding • Improved lifeguard station and change facilities ® Natural lighting to pool area • New hot tub • New sauna • Barrier free family washroom • Increased pool storage space 12-16 TEACHING [COOL + SQU SDI COURT EXPANSION 1 I Department Legend �ORTy Ey::cxe J ❑New EXISTING 2 STOREY SCHOOL i L. emnxamwol �emm+e� carer no"y w be L_ O PAHKNG li Q I I mcrmw�mr+all Aoa�IlGraawrao I� � SmEWAIK w I I anc.amxoo�. a¢uneowaar. I O F[MJVE PARfS O By.7SPREOD:,ED dF PAflKNG LIFE OFE-LStIDCONC p ��- DY67 SPA:,6 O GUARD PAIE_tDADD -_ w I�EW WLV^,Op!$ 2 O PaOJECT: D 52 I 8'FPMNNG Clarington Fitness Centre w a 49 UBERTY ST NORTH I I W'LNE OF[%iSfNO N a+xorrar BULWNG[GGE N.UN!CIPALrYOF ® i CLARINGTON I I 08SEAVING DAMIN1 t7` �xea� I WINDOW ,o OBSERVING GROUND FLOOR- 1�--------- __ _---------- WINDOW _ euv 1 O ADDITION ADDITION w�isam°�ea" O Levels _ _ i i noG 13080 A101 O - o .� w 0 �I I YYY OD �\\ RUWYANYHLE SE:ON]ARY S�HODL I`1"II I \ � � �flOOF BELOW �I I I � I I , \\ I u� � I I I - NIW(E WNOOW9 ,LOWER TO FRTOF LOOR ••�. a�sucR � I O BUIIDI��TNO �nio I I � � I M:W WINDOWS I I I iII r.cc.e-,rl-i�rr---9-OJECT: L--------------- ronFitness D TINFBEL'JVI� I L___ J TY ST NORTH MU NICIPALITY Or• ' CLARINGTON _ SECOND FLOOR - (D • - __ - � ROOF BELOW\ '-- Ton � ® o 0 11 t.e � vel2 13060 A102 O O W Attachment 5 to Report CSD-010-13 MUNICIPALITY OF CLARINGTON COMMUNITY SERVICES DEPARTMENT CLARINGTON FITNESS CENTRE RENOVATION Basic Amenities Option • Barrier free accessibility • Elevator to second floor • Public washroom upgrades (2nd floor) • Family change room with private cubicles and accessible change areas • Staff change rooms • Pool deck tile replacement • Main pool finishes upgrades • Improved finishes throughout public areas • Upgrade pool filtration equipment • Upgrade HVAC systems and controls • Pool dehumidification/improved air quality • Lighting improvements • Improved security and communications systems • Renovation of existing men's and women's change rooms • Designated substances removal • Improved viewing • Plumbing fixture replacement • Additional power outlets at pool deck level • Additional power outlets at change rooms 12-19 B Iv -- RE-R.: Basoc Amenities Optbn�, Department Legend �ORTy ❑EdsUnp I _ �N EXISTING 2 STOREY SCHOOL _ \ 11 '- /flgSrNGODHHOGA oomsoP�cNSwvrs uenoo.�abow io % PNiWNG N PARNNG ����tozll wo cum j: I u , _PMRNG Claringlon Fitness NEW O&SERVIN Centre D _—/,v+mW wncGw ® ao LBE STNORTH _ r G_ ' curuae GC P�umNC � eulinwc EGGE MUNICIPALRYOF CLARWGTCN (") i _ _ I GROUND FLOOR / Basic AmaniL•aS Option � O � owMnOovb I ' ~� _ mPlorgob0l'ry000lopatinp I (ADDITION � O :1 Level l -- V ,:Im 13080 �A107V O O W Basoc Amenities Opt on w_ a - c...C., ' FWMweWWro.m � ROOF pEIOW 0 EDGEOFS=WG 'Loo a NLW WNOOWS _ Char f: \ N© tan Fitness RGOFGELOW\ _ Centre D ao LIBERT'sr NoRir Or ' CLARNGTON OF CUNiNGiON 0 SECOND FLOOR Da:IC AmeMioc Opi. ID Level 2 �„ O low �A702 n J 0 N O � O N i W Cla rft wn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-law#: N/A Report#: CLD-029-13 File#: Subject: APPOINTMENTS TO SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE, THE CLARINGTON HERITAGE COMMITTEE, AND THE GANARASKA FOREST RECREATIONAL USERS COMMITTEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-029-13 be received; 2. THAT the resignation of Pat Mulcahy be received, with regret, and that she be thanked for her contribution to the Samuel Wilmot Nature Area Management Advisory Committee; 3. THAT the resignation of Colin Maitland be received, with regret, and that he be thanked for his contribution to the Clarington Heritage Committee; 4. THAT Leo Pinto be re-appointed to the Ganaraska Forest Recreational Users Committee for a term concurrent with Council; 5. THAT be appointed to the Clarington Heritage Committee for a term concurrent with the term of Council; 6. THAT be appointed to the Samuel Wilmot Nature Area Management Advisory Committee for a term concurrent with Council; and 7. THAT all interested . ies listed in Report CLD-029-13 be advised of Council's decision. Submitted by: Reviewed by: Y �'a t ti L. a e, CMO Franklin Wu, inu i al Clerk Chief Administrative Officer PLB/jeg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-1 REPORT NO.: CLD-029-13 PAGE 2 1.0 BACKGROUND 1.1 Ganaraska Forest Recreational Users Committee (GFRUC): The GFRUC is a volunteer advisory committee to the Ganaraska Region Conservation Authority (GRCA). The purpose of the GFRUC is to carry out work and provide advice to the GRCA on: • development of standards and guidelines for each recreation use occurring in the Ganaraska Forest, • monitoring and assessing the impacts of users of the Forest on the resource function of the Forest, subject to the availability of funds, • user conflicts within the Forest, • user conflicts with landowners of property abutting the forest, and • approval of groups' use of the Forest in an effort to reduce conflicts, ensuring safe use and reducing liability. The GFRUC will also assist with: • the identification of property boundaries, • informing users of their responsibilities and the regulations regarding their use, • promotion of co-operation among the various users of the forest, and • the development of recreation programs and/or events in the forest subject to approval of the Conservation Authority. One representative is appointed annuall by each of the following: • Ontario Federation of Anglers and Hunters • Ontario Trail Riders' Association (equestrian) • Federation of Ontario Naturalists • Federation of Ontario Hiking Trail Associations • Ontario Federation of Snowmobile Clubs • Canadian Motorcycle Association • Canadian Cross Country Ski Association (or alternate) • Orienteering Ontario • Township of Hope • Township of Manvers • Township of Cavan • Municipality of Clarington 1.2 Clarington Heritage Committee The Clarington Heritage Committee (CHC) is a volunteer advisory committee established by the Municipality of Clarington Council in accordance with the provisions of the Ontario Heritage Act. 13-2 REPORT NO.: CLD-029-13 PAGE 3 The goal of the CHC is to assist the Municipality of Clarington in its efforts to identify, review, discuss and make recommendations to Council on properties and issues of cultural heritage value or interest. Committee members are ultimately responsible to the Municipality of Clarington Council and are bound by By-law 2006-079, appointing the CHC, and the Terms of Reference. The following is an excerpt of the Terms of Reference, as established in Report PSD-039-06, regarding appointments to the CHC: 4.1 The Clarington Heritage Committee shall consist of a minimum of five (5) voluntary members who are appointed by Council for the term of Council. The Council may, by resolution, replace members as members resign or as members are deemed to be inactive. Council may appoint from time to time such new members as considered desirable or as recommended by the Committee. The maximum number of members is set at twelve (12). 4.2 The Committee is to consist of members that possess the expertise, experience and willingness to devote the necessary time to the Committee. The Municipality will seek to obtain the following as members: • A municipal Council liaison • A representative from the Newcastle Village and District Historical Society • A representative from the Clarington Museum and Archives; if staff, an ex-officio member • An architectural historian • A building and design specialist • Area residents from each of the municipal wards that are experienced in heritage conservation matters 4.3 Openings for membership shall be publicly advertised. All residents and any nominated representative of an organization involved in cultural heritage issues are invited to apply. Applicants will submit the required application form to the Municipality of Clarington Clerk's Department. Applicants shall possess knowledge of cultural heritage issues within Clarington. Applicants may also possess relevant heritage conservation experience, technical training in a heritage planning field, and/or current involvement in cultural heritage community activities. 1.3 Samuel Wilmot Nature Area Management Advisory Committee The Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC) is a group of volunteers appointed by the Municipality of Clarington to assist the Municipality and the Ministry of Natural Resources in managing the Samuel Wilmot Nature Area. The Committee is also dedicated to preserving and 13-3 REPORT NO.: CLD-029-13 PAGE 4 improving the condition of the Nature Area for the benefit of the wildlife that resides there and the enjoyment of the residents of Clarington. The Committee consists of a minimum of eight citizens + three staff + one Council representative. 2.0 CURRENT SITUATION 2.1 Ganaraska Forest Recreational Users Committee Leo Pinto was appointed to the GFRUC, for a one year term, in December, 2012. In anticipation of the end of his term on December 31, 2013, the Municipal Clerk's Department contacted him to ask whether he would be willing to serve for another year and he has consented. A copy of his confidential application has been distributed separately as Attachment 1. 2.2 Clarington Heritage Committee Colin Maitland was appointed to the CHC in December, 2012, as a Ward 4 representative. The Municipal Clerk's Department received his resignation on October 1, 2013. At their October 15th meeting, the CHC considered the matter of whether another appointment was necessary and subsequently requested that the Municipal Clerk proceed with the appointment of a replacement member. Following Council's appointments in 2011, all unsuccessful candidates were advised that their applications would remain on file for consideration should a vacancy occur on the CHC. Accordingly, the Municipal Clerk's Department contacted previous applicants to the CHC to determine whether they wish to put forward their name for consideration. The following members are currently appointed to the CHC: Angela Tibbles (Ward 3) David Reesor (Ward 3) Tracey Ali (Ward 3) Tenzin Gyaltson (Ward 3/Building Design Specialist) Karin Murphy (Ward 4) Allan Kirby (Ward 4) Representing the Newcastle Village & District Historical Society Bonnie Seto (Ward 3) Representing the Clarington Museums and Archives Joseph Earle (Ward 2) Councillor Hooper (Municipal Council Liaison) 13-4 REPORT NO.: CLD-029-13 PAGE 5 At the time of writing of this report, the following have confirmed with the Municipal Clerk's Department that they wish to be considered for appointment to the CHC: • Matthew Howlett (Ward 2) • Todd Taylor (Ward 2)1 • Victor Suppan (Ward 1) A copy of their confidential applications have been distributed separately as Attachment 2. NOTE: Todd Taylor currently sits on the Committee of Adjustment. 2.3 Samuel Wilmot Nature Area Management Advisory Committee At the Council meeting of January 31, 2011, Council approved a recommendation from the General Purpose and Administration Committee to appoint Pat Mulcahy to the SWNAMAC for a term concurrent with Council. On August 27, 2013, the Municipal Clerk was notified that Ms. Mulcahy was resigning from the Committee. At their September meeting, the SWNAMAC considered the matter of whether another appointment was necessary and subsequently requested that the Municipal Clerk proceed with the appointment of a replacement member. There were no applications on file and accordingly, the Municipal Clerk's Department proceeded to advertise for the vacancy. As a result, applications from the following were received: • Leo Blindenbach • Steve Cochrane • Michelle Dunbar • Alan Harris • Glenn Hicks • James Arthur Wynn A copy of their confidential applications have been distributed separately as Attachment 3. 3.0 CONCURRENCE — Not Applicable 4.0 CONCLUSION It is respectfully recommended that Pat Mulcahy be thanked for her contribution to the SWNAMAC, and Colin Maitland be thanked for his contribution to the CHC. 13-5 REPORT NO.: CLD-029-13 PAGE 6 In order to fulfill the requirements of the Terms of Reference of the GFRUC, it is recommended that Leo Pinto be re-appointed for a term concurrent with the term of Council. In order to fulfill the requirements of the Terms of Reference of the CHC, it is recommended that one of the following be appointed to the CHC for a term concurrent with the term of Council: • Matthew Howlett • Todd Taylor • Victor Suppan In order to fulfill the requirements of the Terms of Reference of the SWNAMAC, it is recommended that one of the following be appointed to the SWNAMAC for a term concurrent with the term of Council: • Leo Blindenbach • Steve Cochrane • Michelle Dunbar • Alan Harris • Glenn Hicks • James Arthur Wynn CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Attachments: (Distributed Separately due to Confidentiality) Attachment 1 — Confidential Application of Leo Pinto Attachment 2 — Confidential Applications for Clarington Heritage Committee Attachment 3 — Confidential Applications for SWNAMAC Interested parties to be advised of Council's decision: Leo Pinto Matthew Howlett Todd Taylor Victor Suppan Leo Blindenbach Steve Cochrane Michelle Dunbar Alan Harris Glenn Hicks James Arthur Wynn Steve McMullen, Forest Recreation Technician, GRCA Peter Windolf, Manager, Park Development Faye Langmaid, Manager of Special Projects 13-6 Clarington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-law#: N/A Report#: COD-022-13 File#: Subject: RFP2013-5 JANITORIAL SERVICES AT VARIOUS LOCATIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: . 1. THAT Report COD-022-13 be received; 2. THAT the proposal received from Country Town Cleaning, Bowmanville, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2013-5 be awarded the contract for the Janitorial Services with a bid amount of$68,913.66 (net of H.S.T. Rebate); 3. THAT pending acceptable pricing and satisfactory service the Purchasing Manager be authorized to extend the contract for an additional three years; and 4. THAT funding be provided from the current year's respective departments Operating Budgets. /(l Submitted by: C� Reviewed ( Marie Marano, H.B.Sc., C.M.O., Franklin Wu, Director of Corporate Services Chief Administrative Officer MM\JDB\bh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 14-1 REPORT NO.: COD-022-13 PAGE 2 1. BACKGROUND 1.1 Request for Proposal #RFP2013-5 was issued for janitorial services at various locations within the Municipality of Clarington. The locations include: Hampton Operations Centre, Orono Operations Centre, Depot 42, Parks Washrooms (Rotary Park, Bowmanville Memorial Park and Orono Park), Animal Shelter, Tourist Information Centre and Courtice Fire Station #4 - Durham Regional Police Area. 1.2 The Request for Proposal was advertised electronically on the municipal website and the Ontario Public Buyers Association (OPBA) website. 1.3 A total of sixteen (16) janitorial companies obtained the bid document. A total of four (4) submissions were received in response to the request for proposal and all bids were deemed compliant. 1.4 As stipulated in the proposal documents, proponents were evaluated based on the following criteria: • Company Background; • References; • Pricing/Cost; • Employee Experience & Training; • Janitorial Products; and • Proposal Quality. 1.5 As per the Request for Proposal documents, the vendor selection would be made on the basis of the written proposal, reference checks and an interview. 1.6 All submissions received were reviewed by the Municipality's evaluation team consisting of staff from the Municipal Clerk's Department, Operations Department and Corporate Services Department. 2. ANALYSIS 2.1 The evaluation committee reviewed the documents and scored the proposals in accordance with the evaluation criteria. References were checked for the proposals that met the minimum passing score. Based on their ratings, the committee selected Cheema Cleaning Services Limited, Caledon, Ontario, Country Town Cleaning, Bowmanville, Ontario and Green Care Janitorial Systems Limited, Brampton, Ontario for an interview. 2.2 In the past, the Municipality has experienced difficulty securing the services of a reliable and conscientious firm to provide an acceptable level of janitorial services. 2.3 The primary concern for the evaluation committee was that the janitorial company selected would perform the work requirements thoroughly as per the specifications and frequency outlined in the scope of work requirements. 14-2 REPORT NO.: COD-022-13 PAGE 3 2.4 The proposals ranged in price for a one year term from $28,242.00 up to $67,721.76. The rates are inclusive of all locations specified in the request for proposal. The bid results are outlined as per Attachment 1. 2.5 The interview process revealed discrepancies between the written proposal and actual allocation of staff and resources to complete the cleaning requirements. The low bidders changed their staff allocation from their proposal after it was made apparent that their staff could not be compensated at the Ontario Ministry of Labour hourly minimum wage rate. 2.6 Upon completion of the bid submission evaluation the references of the three high ranking firms were checked. Two of the firms received satisfactory references from all firms contacted. One firm, Cheema Cleaning Services Limited received two acceptable references while a third provided a negative response to the reference check. Based on the submission evaluation scores and the results of the reference checks the three firms were interviewed to complete the ranking process. As a result the committee's recommendation is to award the contract to the overall highest ranked firm; Country Town Cleaning, Bowmanville. 2.7 Country Town Cleaning met all of the Municipality's requirements and has allocated sufficient time to each location to ensure that it could be cleaned properly. 2.8 The references provided by Country Town Cleaning, Bowmanville, Ontario were good. In addition, Country Town Cleaning, Bowmanville, has provided janitorial services to the Municipality for several years and the adherence to standards and performance has been exceptional. 2.9 For information purposes, in 2005 the tendered contract price was approximately $30,000.00. After two years of performance issues resulting in facilities becoming filthy and unsanitary, performance issues were documented and communicated in writing to the service provider in an effort to improve the service level. In late 2008, it was determined that the vendor was unable to clean the facilities in accordance with the specifications and the contract was terminated. 2.10 In order to maintain on-going service to the facilities following termination a short term contract was negotiated and awarded to Country Town Cleaning to complete the contract term. At that time and due to the poor service of the previous contractor the facilities were in a grimy state due to lack of cleaning and Country Town Cleaning had to work additional hours in order to bring the facilities up to a satisfactory standard of cleanliness. That standard of cleanliness was maintained and improved over the next 7 months. 2.11 During the short term agreement with Country Town Cleaning staff prepared and issued a new competitive proposal. 14-3 REPORT NO.: COD-022-13 PAGE 4 2.12 In 2008, RFP2008-7 was issued for janitorial services at various locations and the Municipality received seven bid submissions. The prices ranged from $33,520.00 to $124,827.00. Country Town Cleaning was the highest ranked bidder on the RFP evaluation with pricing in the mid range at $59,201.00 and was awarded the contract in early 2009. 2.13 The work requirements have increased with the addition of new areas within the facilities over the past 8 years. Therefore, the bid submissions that reflect lower prices than some of those submitted in 2005 and 2008 give reason to question the validity of the bids. 2.14 In order to verify the adequacy of the hours proposed for cleaning of each facility the reference document, The Official /SSA 447 Cleaning Times written by John Walker (2003) was used as a guide to determine adequacy of time/minutes to complete tasks. The minutes are based on the facility square footage and defined task (i.e., vacuuming, floor washing, etc.). Using the defined times outlined in the above reference, the number of minutes were calculated for the Hampton Operations Centre and the Animal Shelter. The Hampton Operations Centre should take approximately 6 hours to clean (three days a week 18 hours) and the Animal Shelter should take approximately 3.5 hours to clean (twice a week 7 hours). 2.15 The low bidders allocated 7.5 hours per week for Hampton Operations Centre and 4 hours per week for the Animal Shelter. Country Town Cleaning allocated 15 hours per week for Hampton Operations Centre and 9 hours per week for the Animal Shelter. Given the work requirements as set out in the guideline noted above and established during past contracts, any bid proposing a significantly lower number of hours would be considered an unbalanced bid. For clarity, an unbalanced bid is described in the Purchasing By-law as "meaning it contains a lump sum or unit bid items that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs' and other indirect cost". In an unbalanced bid situation provision is made for the rejection of the bid. However, in this instance the evaluation of the bids identified the imbalance of the bids and this was reflected in the ranking. 3. COMMENTS 3.1 Queries with respect to the department needs, specifications, etc. should be referred to the Municipal Clerk, Director of Operations, Director of Emergency and Fire Services, and Director of Corporate Services. 4. FINANCIAL 4.1 The Proposal submitted by the subject firm was in the amount of $68,913.66 (net of H.S.T. Rebate) and is within the approved 2013 Current Operating Budgets. 4.2 The required funds are to be drawn from current year's respective departments Operating Budgets. 14-4 REPORT NO.: COD-022-13 PAGE 5 5. CONCURRENCE 5.1 This report has been reviewed by Patti Barrie, Municipal Clerk, Fred Horvath, Director of Operations, Gord Weir, Director of Emergency and Fire Services and Marie Marano, Director of Corporate Services who concur with the recommendation. ' 6. CONCLUSION 6.1 To award the contract to provide janitorial services to Country Town Cleaning, Bowmanville, Ontario, being the highest ranked proposal meeting all terms, conditions and specifications of the Request for Proposal RFP2013-5 Janitorial Services at Various Locations. CONFORMITY WITH STRATEGIC PLAN_:- Not Applicable Staff Contact: Jerry Barber, Purchasing Manager Attachments: Attachment 1 - Bid Tabulation List of interested parties to be advised of Council's decision: Not Applicable 14-5 Attachment 1 Report COD-022-13 THE MUNICIPALITY OF CLARINGTON BID TABULATION BIDDER Annual Contract Annual Contract (H.S.T. Included) (Net of H.S.T. Rebate) Country Town Cleaning $76,525.59 $68,913.66 Bowmanville, ON *Green Care Janitorial Systems $34,083.06* $30,692.85* Brampton, ON *Cheema Cleaning Services $31,913.46* $28,739.06* Caledon, ON Gailland Corporation Did not meet minimum score requirements Oshawa, ON *insufficient staffing and time allocated to maintain facilities 14-6 ClarhWn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-law#: Report#: FND-016-13 File#: Subject: FINANCIAL UPDATE AS AT SEPTEMBER 30, 2013 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-016-13 be received for information. Submitted by: AZI/0�//L`� C-� Reviewed Y Nancy T ylor, B A, C A, CA Franklin Wu, Director of Finance/Treasurer Chief Administrative Officer NT/CC/hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 15-1 REPORT NO.: FND-016-13 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 The financial update report has been designed to focus on overall budget variance reporting. 2.0 THIRD QUARTER OF 2013 RESULTS 2.1 Attachment "A", the Summary of Operating Expenditures and Revenue statement compares the Municipality's budget to actual posted expenditures as of September 30, 2013. The statement reflects the Municipality's operating budget only and excludes year to date expenditures for the consolidated hall/arena boards. Net year to date expenditures as of September 30, 2013 totaled $35,093,924 which represents 88.8% of the year to date 2013 budget. 2.2 Attachment "A" is intended to provide an indication of the status of the Municipality's operating accounts compared to the approved budget as at September 30, 2013. Many departments are affected by high levels of activity during specific times of the year. For example, some activities are seasonal in nature, such as ice rentals and winter control, which result in a fluctuation,of the timing of recognition of revenue and expenses, The budget is allocated monthly based on the 2012 actual monthly distribution. In cases where there is no prior year history, the monthly budget allocation is divided equally over the 12 months. While this is best method available to be reflective of seasonal trends, there may be some variations from year to year. Due to these timing differences, this statement cannot be used in isolation. 2.3 As a whole, the operating budget is overall on target. As of September 30, 2013 the net year to date expenditures are at 88.8% of the third quarter budget. Some of the variances can be attributed to the timing differences in revenue and expenditures between 2013 and 2012. However, it is best not to extrapolate the figures and percentages to future quarters. 2.4 On the whole, the operating budget is on target for the Mayor and Council as well as the CAO's office. The Mayor and Council expenditures are 88.57% of third quarter 2013 budget. The CAO's office is at 96.1% of the third quarter 2013 budget. 2.5 As of September 30, the Legal net expenditures are slightly above at 108.24% of the third quarter 2013 budget. This is in part due to the variation in timing of revenue and expenditures from one year to the next. As noted in 2.2 the monthly budget allocation is based on the previous year's actual expenditures. Planning agreement fee revenue continues to be higher than budgeted as of September 30, 2013. 15-2 REPORT NO.: FND-016-13 PAGE 3 2.6 Corporate Services are on target with the third budget at 95.9%. As of September 30, advertising and design expenditures have exceeded the total 2013 budget. However, with savings in other expenditures within Corporate Services accounts, total expenditures are at 95.9% at the end of the third quarter. 2.7 As of September 30, 2013, the Clerk's department net expenditures are in line at 98.36%. As in the second quarter, lower claims under the Wildlife Damage Claims Compensation program and Animal licenses continue to have an impact on revenues. There is not a consistent trend in the Wildlife Damage Compensation claims and there can be great variation year to year. Animal licenses are below budget as of September 30 at 63.5% of the total budget. As of September 30, there are some continued savings in wages in Parking Enforcement and Municipal Law Enforcement due to parental and sick leaves as well as other staff changes. 2.8 The Finance net expenditures are at 89.54% as of the third quarter 2013 budget. The Finance revenues are higher than the third quarter budget at 117.06%. This is due to the higher than budget amount of the fines and penalties on taxes. The year to date figure of September 30, 2013 ($1,126,439) is higher than budgeted for the second quarter ($931,881) but are slightly lower than the 2012 interest and penalties ($1,244,643). This is a reflection of the continuing success of the collection of outstanding taxes. As noted in the second quarter report, the increase in Unclassified Administration expenditures is due to higher insurance costs and tax write offs due to the timing of ARB decisions (multiple years) on commercial properties as noted in the first quarter report. 2.9 The Emergency Services net expenditures are within budget with the third quarter 2013 budget figures. As of September 30, 2013 year to date net expenditures represents 93.07% of the third quarter budget. Revenues are above budget due to unbudgeted amounts from Republic Live and OPG for SCBA equipment. 2.10 The Engineering Department net expenditures are 95.56% of the third quarter 2013 budget. Reduced revenues in the third quarter are due to the decrease in building permit revenues compared to the same period in the previous year ($1,046,264 in 2013 compared to $1,518,643 in 2012). Currently building permit revenue is at 69.75% of the 2013 budget. This can be attributed to a decline in residential building permits. However, building permits applied for as of January 1, 2014 will have to comply with the 2012 Building Code. Therefore, due to deadline for changes in the building code including enhanced energy efficiency requirements, there should be an increase in building permits in the fourth quarter. If the transfer of the Engineering and Inspection Fees are excluded from 15-3 REPORT NO.: FND-016-13 PAGE 4 the calculation as it is ongoing transfer to the Reserve Fund, the net expenditures remain the same and the revenues and expenditures are 90.11% and 93.82% respectively. 2.11 The Operations Department net expenditures are 96.85% of the third quarter 2013 budgeted amount. The Fleet expenditures are currently below the budgeted amount. It is important to note that most adjustments to these accounts are made at year-end. As of the third quarter, Operation revenues are lower as we have only received waste transfer royalties up to March 2013, which is under review. Operation expenditures are in line with the third quarter budget at 96.11%. 2.12 Community Services net expenditures are 87.15% of the third quarter 2013 budget. Revenues are at 103.97% and total expenditures are at 92.43% as of September 30, 2013. The same trend in revenues noted over the year continues - a varied increase in Community Services revenues. Program revenues: aquatic, fitness and children's' camp, are higher than the third quarter budget amount. Rental revenues are slightly lower than previous years with the notable exception of Darlington Sports Complex ice rentals that increased over previous year. In addition, the daycare that rented space at the Courtice Community Centre has closed as of July 2013 which reduces rental revenues. 2.13 The Planning Department net expenditures.as of September 30, 2013 are 93.32% of the 2013 third quarter budget. The expenditures are in line with the budget as of September 30, 2013 at 97.52%. Planning revenue continues to be higher than budgeted in the third quarter budget and is at 89.83% of the total 2013 budget. There are some savings due to staffing leaves. 2.14 The Board and Agencies include the Library, Museum and Visual Arts Centre. These expenditures are in line with the budget. As in the second quarter, the Library received additional funds for capital projects - a computer system update and library study. These funds had been set aside in previous years in the Library Computer Equipment Reserve Fund and Development Charges General Government Fund respectively. The entries are posted to the Library accounts and the offsetting transfer from the Reserve Fund is posted in the 05 Non- Department Accounts. 2.15 Attachment "B", Continuity of Taxes Receivable for the nine months ending September 30, 2013 provides the status of the taxes billed and collected by the Municipality of Clarington during the third quarter of 2013. A total of $44,676,459 in final tax bills and $840,400 in supplementary tax bills were issued to property owners in the Municipality during this period. At the end of 15-4 REPORT NO.: FND-016-13 PAGE 5 September 2013, a total of$18,454,516 remains unpaid compared to September 2012 taxes receivable of $19,684,354. The net balance is $1,229,838 lower or 6.25% lower than the prior year at this time. This reduction is due to the factors noted in the second quarter report along with the ongoing collection efforts in holding the line on the balance of taxes outstanding. 2.16 Attachment "C", Investments Outstanding as of September 30, 2013 provides the status of the Municipality's general, capital and reserve fund investment holdings at the end of the third quarter in 2013. The Municipality at September 30, 2013 holds $0 in general fund investments, $0 in capital fund investments, $8,752,126.78 in Development Charge reserve fund investments and $45,867,414.03 in reserve fund investments to fund future commitments. General fund investments are short term in nature and timed to mature when funds will be required. Investments held in the Municipality's portfolio are assessed on an ongoing basis to ensure they meet the requirements of Section 418 on the Ontario Municipal Act, Ontario Regulation 438/97 and the Municipality's investment policy. Currently, general fund investments are held in the Municipality's general bank account as the interest rate on the account is more favourable than money market instruments because of current economic conditions that are likely to continue for some time. The short-term interest rates and the current cash flow needs are reviewed on a regular basis. The One Fund Investment Program is a pooled investment program for municipalities. It is operated by LAS and CHUMS Financing Corporation which are subsidiaries of AMO and MFOA. 2.17 Attachment "D", Debenture Repayment Schedule provides the status of the Municipality's long-term obligations as of January 1, 2013. The Municipality has $21,839,480.59 in outstanding debt as of January 1, 2013 and debt repayment obligations of$3,405,690.41 for 2013 as reflected in the 2013 budget. The annual principal and interest payments required to service these liabilities are well within the annual debt repayment limits prescribed by the Ministry of Municipal Affairs and Housing. 2.18 Attachment "E", Municipal Development Charges as of September 30, 2013 provides the total Municipal development charges collected of$4,473,724.17. In the 2010 Development Charges Background Study, it was forecasted that the municipality would be collecting approximately 854 residential units total for 2013 or approximately 71 units per month. The year to date figure for the third quarter in 2013, there were 296 units. 2.19 .Analyzing the number of units issued in the third quarter of 2013, there was a decrease of 28.3% compared to the same quarter in 2012. Comparing the total 15-5 REPORT NO.: FND-016-13 PAGE 6 dollars collected as of September 30, 2013 to the same time in 2012, there was a decrease of 31.6% in municipal development charges collected. Note that recent building permit activities during the third quarter by the Region of Durham and PVNCC District School Board construction are exempt from Development Charges. There should be an improvement to Development Charges collected by the end of year as new building permits applied for after January 1, 2014 will be required to comply with the 2012 Building Code. 3.0 CONCURRENCE — not applicable 4.0 CONCLUSION 4.1 The report is provided as information to Council. Ongoing reports will be provided quarterly. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development X Maintaining financial stability _ Connecting Clarington _ Promoting green initiatives Investing in infrastructure _ Showcasing our community Not in conformity with Strategic Plan Staff Contact: Nancy Taylor, B.B.A., C.A., Director of Finance/Treasurer Attachments: Attachment "A": Summary of Operating and Expenditure and Revenue Attachment "B": Continuity of Taxes Receivable Attachment "C": Investments Outstanding Attachment "D": Debenture Repayment Schedule Attachment "E": Municipal Development Charges 15-6 THE MUNICIPALITY OF CLARINGTON ATTACHMENT"A" SUMMARY OF OPERATING EXPENDITURES&REVENUES FOR THE NINE MONTHS ENDING SEPTEMBER 30,2013 2013( 20131 2013 YTD; 2013 YTD 2012 2012., 2012 YTD 2013 Qtr 3' 2013 Qtr 341 Quarter 2013!1 2013 9 �.._...........___......... P ($)I %Expended Budget YTD Actual YTD. Unexpe __. . . ..._ Budget YTD Actual YTD!Unexpended nd®d$ YTD Budget YTD Actuals %Expended Total Budget. %of Annual _............................._.. _._.._.........__..._..._. _......_........ Budget Spent 05 NON-DEPT'L ACCTS _._... ... ..._.............__.._....__..._..........Revenue/Recoveries (4,754 200)1 (6,943,585)1 2,189,385 146.05% (4,004,875).. (5,671,903 - """'°"""'""""-""""' ... .. . . ........ ..............._.......0............. t.--,- )., 1,667,028 (2018,479): (3667233){ 181.68% (6,894,007)1. 100.72% _ .._...__. ....,.,....._.-m.._..% _ Expenditures 210,769� 209,899 j 870 i 99.59% -209,899 209,899 . 0 --26--,269 25,399 ; 96.69% 210,769� 99.59 Net Expenditures (4,543,431)° (6,733,686)4 2,190,255! 148.21% (3,794,976) (5,462,004)" 1,667,028 (1,992,210)1 (3,641,834) 182.80% (6,683,238);: 100.75% - -- _..-.._. _..__.._.._..........._................. ..................... ;_.._._..-.._._--.1__._._......................... _..............._.. j -........................._......... (. ....._............_.......... _.._..... 10 MAYOR&COUNCIL i ..................._................... Net Expenditures 680,189E 602,417 j 77,772 88.57% 663,007 594,261 68,748" 234,007 I 207,386 88.62% 870,733 1 69.19 13 ADMINISTRATORS OFFICE Net Expenditures 452,560 434,8941 17,666 96.10% 358,467. 365,365'. (6,898) 156,727 151,746 96.82% 598,176;? 72.70° --- .................... ._...._..........__...j -...._.. ..-----._:_....-.........................._ _-._......._._.._t.. _.._._.._ __..i__._..-_._..__...._..._ 14 LEGALADMIN 1 � ------_-. -------__._._...-._. _. _ _.. _..._._,N__.-_....._. Revenue/Recoveries (69988). (64,157)i (5,831)1 91.67°/ {99,858) (53,756) (46,1D2) (49,943): (32,892)' 65.86% (128,000)] 50.12% _-.--- __........_........__._. ._.___... - _._.._. ...................................... ......_.....-.............. Expenditures 382 443 ry 402,350 (19,907) 105.21/ 384,121 387,460 (13,339) 135,141 1 142,909 105.75% 532,088 75.62% Net Expenditures 312,455 338,193 25,738 108.24°/ 284,283 343,704 (59,441) 85,198 1 110,017 1, 129.13% 404,088 1 83.69% ( ) 1 16 CORPORATE SERVICES _._. .._..._. . .... . ....._._............... .._.................. .. .._..._4.............._..-._.......... _ ' .....i............._..........._.. } Revenue/Recoveries (91,390) (87,573)1 (3,817)1 95.82/0 "' ........... _.._...._..._..._..........._. ......_............ _p mm 3,499,746 3,356,343 143,403 95.90% 3 394,591 3 249692 14'472 (24,811); (34164)4 137.70% (96 500)" 90.75% Expenditures - � �- (� ;156,379� -1,216,009 ; 1,184091 t P 97.38% 4,366 498 a, "j-6.87 Net Expenditures_m_ ^_ 3,408,356 yy 3,268,770 139,586 95.90/ 3,309 205 3",152,834 1,191,198 1,149,927 i 96.54/ 4,269,998 76.55% ........._..__........_...__.._.......___.-. ......._........._^._. 19 CLERK'S '- .._._. .-..............._._........ - ......_ --..__....__.............._. ........._......._.......__._.._ ..° .._...._ (602,005)][ _..! Revenue/Recoveries (464,759) (137,246 ! 77.20% W------- .,_-T._. - '`2,029,4 9..__...................................... ......................_...._...._.. ......._..._.._...._..... _.._._._._..._...._._......................._�.;._...........- (521,423) (576,320) 54.897 (150,935) 161,863 _..__..__..._.__i.._......__....._... ), 107.24:/0....._....... _(738 600) _.._.-_62.92% Ex enditures m _-- 1,564,679{ 26,107 t 98.36/ 1',339;538 1,281,568 ST 950 597090[ 46700411 °o ,i _.. 4. ._..__. 84.07% 2,8591951 70.98% Net Expendttures 1,590 786 9 ° 1,860,961 857,908 3,053 748,025 628 867 73.78 , _ 1 € 78.21/ 2,120 595 _. 21 FINANCE..UNCLAS ..ADMIN . -(1,363,762'._... ......._198,774 117.06/ (1,D83785 ._._..._..._.h ......... -._.... ---_-- ..........------- -. Revenue/Recoveries (1,164,988)1 ) (1,478 629) 394;844 (398,205) 424,640) 106.64% 1,567 000 87.03 ___.. . _ 1,8 .__. Unclassified Admin&Board of Tra 1 865 00..!! 1,935,868 (70,868)! 103.80% 1 95 481- 1 702,376. (6,895) 629 831 43'1 474 1 68.51% 2,217,200 87.31 --_. _.._._ _... . _ ... .. _._..............._..... ..._. Operating Expendttures 1,708,122 I! 1,584,048 124,074 92.74% 1,577,102 ty553,306 r 23,796 575,743 546,621 1 94.94% 2,201,993 71.94% Total Expenditures 3,573,122 4 3,519,916 53,206 98.51% 3,272,583 3,255,682 16,901 1,205,574 978,095 4 81.13% 4,419,193!; 79.65 .... _...........__... .._ ..._.. Net Expenditures - 2,408,134 2,156,154 i 251,980 89.54% 2,188,798 1,777,053 411,746 807,369 4 553,455 q, 68.55% 2,852,193 75.60% _. p _...__ __....._ ...._......?_._.._._......_._.._....-..-... _.......__._......_._............... .._._......_......__. 28 EMERGENCY SERVICES-FIRE ........................._........_- _.- -__ ...........-........__. Revenue/Recoveries (27,178) (207,453) 180,275. 76331% {15,938) (51,438). 35,500 (15,429)1 (176,506) 1,143.99% (49000), 423.37% .. _..._. --- - -..... ... --. . ._. .......... -. ..._. ...._._...._..... . . __ _... _. Expenditures 7,974,760 7,604,572 , 370,188 1 95.36% 7,458,977 7,167,022 291,955. 2,561,648' 2,639,823 103.05% 10,364,679 4 7137% Net Expenditures 71947,582 7,397,119; 550,463 j 93.07% 7,443,039 7,115,584. 327,455 2,546,219 , 2,463,317 96.74% 10,315,679 ; 71.71% 2 � f s 01 I v FND-016-13 Attachment'A' 1 oft HE MUNICIPALITY OF CLARINGTON ATTACHMENT"A" SUMMARY OF OPERATING EXPENDITURES&REVENUES FOR THE NINE MONTHS ENDING SEPTEMBER 30,2013 2013� 20131_.__. __..____ __.__.i_o._. ___. ,. �_.............. _ _ 2013 g _. ..... _.-..__� p._..._._( .....__ p.._._....d g 12 2012 P 12 ed$" YTD Bud eh YTD Actuais ° Expended Total Budget? __. _ ..... YTD 2013 Qtr 3' 2013 Qtr 3 Quarter 2013 ........ ____... ._..__ ..__.. ........ g / %ofAnnual 2013 YTDI 2013 YTD 20' Unex end ....._..........____......__......_...._..._. _._ ._..... Bud et YTDJ Actual YTDI Unex ended $)' /o Ex ended Bud etYT� Actual YTD.. !Budget Spent 32 ENGINEERING SERVICES . -4:1 I (1,504,603 249,750 119.90% 7 35 (1,64 9145 601" - ...._ .._.__. _._..-+ - . .i _ __ _ _ Revenue/Recoveries 1 254,853 )) (CO, 7) ) ,788 (383,311)1 (465,117)p 121.34% (1,559,050). 96.51% ___.. ... _ ._.. _1 _ -_._:.. Expenditures 4,655,155 d 4,754,088 i (98,933); 102.13% 4,465,517 4,290,774' ;,:494,743: 885,077 900,652 1; 101.76% 5,475,757 86.82% Net Expenditures 3,400,302 3,249,485 150,817! 95.56% 3,438;160. - ,,2,641,629 T9&,531- 501,766 435,535 86.80% 3,916,707 82.96% 36 OPERATIONS � ._. .__ �___._........ __......_...__.. ............................_......._................._..._.................___. � _......__.__ .....__................._._..._.... __.__.. _ ._...-_ ._._... _.... _...... Revenue/Recoveries (445133)' (353,330) (91,803), 79.38/ 357,042 95,299 61,743 _ _.......I... ). { ) (158 564 . _ .. ....... ) (117991)1 7441/0 (543665..... 64.99% _.. .. _ ........ - .._ _.. _.-. ._......._ __..::...- .... _. ... ._ .....__......._.. 352 18 116.26% 13,337,745" 73.90% ' 9,184;698 64,776 2 786 079 3 239 183 -FleetBDebenturePa Payments 785,180 ; 340,579 444,601 43,38% 660, O eratm Expenditures _ - _" 9,824444 9,856,720 32,276 ' 196.11% '! 9909,793 ,..._.__........._.._.__.._..._ .. ._i__._ P 9 A .............- y 308,132 179,562 . 32,887 18.32% 935055 36.42% Total Expenditures 10,609,624 10,197,299` 412,325 � 7 _ 1 9,538,885 372;908 2,965,641 � 3,272,070 1 110.33% 14,272,800; 71.45% a Net Expenditures 10,164,491 9,843,969 320,522' 96.85% 9,552,761 9,241,586 311,165, 2,807,077 3,154,079! 112.36% 13,729,135' 71.70% _. _.... .... -- --.. ............ -- ' ._......... ............._..._................................_... - __.. _........ .... -?.........._..... . .__........ 42 COMMUNITY SERVICES ( ) ..__ {..._........ ) `103.97% 3,216,871 3,201 940 "" 1 ___.._ .. ...........: ._.. ....._ ______._..____ _.........__._._..- Revenue/Recoveries 3287111 G 3,417,728 130,617 ) (4,931) (890,496) (931,830)] 104.64% (4,555570) 75.02% .................._-_.......... Operating Expenditures .7,153 586 6,655,351 498,235 93.04/ `-"6,907,433"` 6,423,731 483,702 2,334,423 2,217,766 --95.00% 9,471,148 ` 70.27% .. ........_........ .__.............Y...._ ..__ ._._ ._. ..__-----___ ._.....__.....__.._.............._....._.._........... ., ...._.._-....-..... .._..--.........._ ......_................ ..._.. ... .. .._...... _...70 _........ -'- Annual Grants 8 Debenture P mts 3,329,010 3,033,213 295,797 91.11% 3,117,005 3;117,005 r,-0 0 ; 4,000:f #DIV/o! 3,329,010 !, 91.11 Total Expenditures 10,482,596 9,688,564 794,032 9,540,736 483,702 ,334,423 1 2,221,766, , 95.17% 12,800,158 75.69% NetExpenditures 7,195,4851 6,270,836 j 924,649 1 87.15% 6,807,567 6,338,796 " 468,771 1,443,927; 1,289,936 89.34% 8,244,588 ', 76.06% __..._........... -....- ._......._._.._......... ........ _......._.-..-....._........ _.... ............._.................. .:........._......._............_..._...f.._......... .........-- 50 PLANNING SERVICES ....._..-._......_......_..........._........y................. __.__._.-_ )11._.. (419,949 108,522 134.85% 30 038 490 629 __.... __I: o .._- Revenue/Recoveries 311,427 )j- _ -' _ 89.83% - _........ .__..__ ._.__.._.... ..__.._......._.._....._........._...._......__....................._.................._........._.._............................_.__. . (3 ( ) 16Q591 _.__. (96,759) - (188,483){ 194.80% (467,500)1 _...---..3........._,.....__._.....___._._._ ____..._....._.. Expenditures 3,081,741 3,005,308 i 76,433 97.52% "` 3,066,622 2,940,186'. 126,436" 804,523 811,349 100.85% 3,797,152 79.15% Net Expenditures 2,770,314 2,585,359 1 184 955 93.32°/ 2,736,584 2;449,557 287,027 707,764 j 622,866 88.00% 3,329,652 77.65 _.__.__ BOARDS&AGENCIES u __ ..._.. Net Board&External Agencies 3,746,741( 4,115,735! (368,994)1 109.8% 3,611,534 3,621,492 (9,956) 1,9761 195,357,' 9,886.5% 3,749,490 109.8° -............. _..._........_...._......._....... _. 1 _._.._.._...... TOTAL OPERATING: -- _-- _.......... ( ) (13,565,917 . 2,803,344 4,186,932 (6,200,719)�____._._...._._..__........... .. _._._._.............. Revenue/Recoveries (12,008,273) (14,826,899) 2,818,626_-_ 123.5/0 10,7fi2,573 ) j 148.1% 16,598 892; 89.3 _Expenditures 51,542,237" 49,920,823 1,621,414 96.9/0 48,700,510 47,027,362 1,673,148 13,275,040 13,359 510 ii 100.6% 64,316 688' 77.6% Net Operating Expenditures 39533,964 j 35,093,924 j 4440040 i 88.8% '"37,937,937 33,461445. 4476;492 9,088,108 7,158,791 78.77% 47,717,796] 73.5 FND-016-13 Attachment'A' 2 of 2 ATTACHMENT"B" CORPORATION OF THE MUNICIPALITY OF CLARINGTON Continuity of Taxes Receivable for the Third Quarter of the Year 2013 June 30,2013 SEPTEMBER SEPTEMBER BEGINNING BALANCE INTEREST TAXES PAYMENTS/ 2013 2012 RECEIVABLE ADDED BILLED BALANCE ADJUST.- CURRENT YEAR TAXES 7,936,240 45,302,988 53,239,228 (38,453,409) 14,785,819 13,926,335 PENALTY AND INTEREST 93,941 251,135 345,076 161,990 183,086 202,107 FIRST PRIOR YEAR TAXES 3,181,638 198,509 3,380,147 (946095) 2,434,052 3,393,439 PENALTY AND INTEREST 211,508 107,547 319,055 (116:959)1 202,095 287,761 SECOND PRIOR YEAR TAXES 834,899 15,362 850,261 (259,827) 590,434 1,045,203 PENALTY AND INTEREST 84,615 28,061 112,677 38,989 73,688 144,183 THIRD&PRIOR YEARS TAXES 168,927 0 168,927 (41,181) 127,746 549,314 PENALTY AND INTEREST 57,983 5,669 63,651 6,056 57,595 136,012 TOTAL 12,569,751 392,412 45,516,859 58,479,022 40,024,506 18,454,516 1 19,684,354 Includes refunds,write-offs,357's,etc. NOTES: 2013 Interim Instalment months: February and April 2013 Final Instalment months: June and September for non-capped classes 15-9 CORPORATION OF MUNICIPALITY OF CLARINGTON ATTACHMENT"C" INVESTMENTS OUTSTANDING As at September 30,2013 ORIGINAL IISSUEROF I TYPE of I PURCHASE FUND I INTEREST I MATURITY MATURITY INVESTMENT JINVESTMENTI DATE I I INVESTMENT I RATE I DATE I AMOUNT GENERALFUND TOTAL GENERAL FUND CAPITAL FUND TOTAL CAPITAL FUND NON DEV.CHARGE MONIES RBC GIC 14-Oct-08 R/F 574,200.00 4.30% 15-Oct-13 598,890.60 (B) ING(b/b Scotia) GIC 03-Dec-12 R/F 759,557.00 1.65% 03-Dec-13 772,089.97 BNS GIC 16-Dec-08 R/F 1,338,742.00 4.15% 16-Dec-13 1,640,564.30 BMO GIC 07-Mar-11 R/F 1,000,000.00 2.75% 09-Mar-14 1,084,790.00 RBC GIC 15-Mar-11 R/F 1,672,368.00 2.65% 17-Mar-14 1,808,875.64 (B) Laurentian GIC 02-May-12 R/F 1,000,000.00 2.15% 02-May-14 1,043,462.25 BNS GIC 17-Aug-09 R/F 1,600,000.00 3.20% 17-Aug-14 1,893,626.00 (B) BMO GIG 12-Sep-1 1 R/F 983,080.00 1.80% 12-Sep-14 1,037,127.61 Manulife Bank IGIC I 20-Sep-11 1 R/F 1, 742,599.00 1 2.05% 22-Sep-14 1 789,211.47 PROVONTARIO STRIP BON 05-Aug-09 R/F 999,807.77 3.35% 02-Dec-14 1,191,382.00 BMO I GIC 07-Dec-10 R/F 1,000,000.00 2.60% 08-Dec-14 1,013,000.00 (A) BNS IGIC 01-Jun-12 R/F 1,500,632.00 2.35% 01-Jun-15 1,608,632.21 (B) BMO IGIC 26-Sep-11 R/F 624,188.00 12.00% 28-Sep-15 675,641.17 RBC IGIC 07-Dec-11 R/F 1,922,733.00 2.35% 07-Dec-15 2,109,941.00 RBC GIC 07-Dec-11 R/F 1,976,951.00 2.35% 07-Dec-15 2,169,438.00 BMO coupons 15-Mar-12 R/F 176,636.37 2.54% 28-Mar-16 195,351.00 ING GIC 02-May-13 R/F 1,001,980.00 1.90% 02-May-16 1,060,184.88 Manulife Bank GIC 20-Sep-11 R/F 2,000,000.00 2.60% 20-Sep-16 2,273,876.11 BMO coupons 15-Mar-12 R/F 213,067.68 2.61% 28-Sep-16 239,375.00 ING(b/b Scotia) GIC 01-Oct-12 R/F 1,819,048.00 2.35% 03-Oct-16 1,996,160.91 Manulife Bank GIC 02-Dec-11 R/F 2,000,000.00 2.71% 02-Dec-16 2,286,091.67 Manulife Bank GIC 19-Mar-12 RIF 1,693,000.00 2.88% 19-Mar-17 1,951,224.70 BMO coupons 15-Mar-12 R/F 159,396.18 2.86% 28-Mar-17 183,615.00 RBC GIC 01-May-13 R/F 1,000,000.00 2.10% 01-May-17 1,086,683.24 BMO coupons 15-Mar-12 R/F 196,287.25 2.92% 28-Sep-17 230,141.00 CWB GIC 01-Oct-12 R/F 3,500,000.00 2.55% 01-Oct-17 3,969,596.54 BNS GIC 30-Oct-12 R/F 1,884,365.00 2.50% 30-Oct-17 2,131,986.04 HSBC GIC 21-Dec-12 R/F 1,121,354.00 2.40% 21-Dec-17 1,262,352.30 National Bank GIC 08-Jan-13 RIF 1,900,503.00 2.40% 08-Jan-18 2,139,776.15 National Bank GIC 12-Feb-13 R/F 1,927,464.00 2.45% 12-Feb-18 2,175,434.89 National Bank GIC 04-Mar-13 R/F 741,320.00 2.45% 05-Mar-18 836,748.00 ING GIC 25-Mar-13 R/F 1,254,427.00 2.40% 26-Mar-18 1,412,449.93 HSBC GIC 13-May-13 R/F 321,079.00 2.25% 14-May-18 358,862.84 BNS GIC 03-Jun-10 R/F 1,499,069.00 2.30% 03-Jun-18 1,679,576.51 RBC IGIC 30-Jul-13 R/F 2,341,277.00 F 2.60% 30-Jul-18 1 c 2,661,886.92 40 BMO GIC 30-Sep-13 R/F 1,174,214.00 2.90% 01-Ot-18 1,354,78.0 -Jun-13 R/F 248,068.78 2.59% 03-Dec-18 28 ,01RBC coupons 27 700 45,867,414.03 51,207,864.85 DEV.CHARGE FUNDS BNS IGIC I 20-Dec-12 I R/F 1 3,000,000.00 1.50% 20-Dec-13 3,048,000.00 BMO GIC 20-Dec-12 R/F 1,645,027.00 1.45% 20-Dec-13 1,668,879.89 One Fund Equity 31-Jan-07 R/F 500,000.00 1 500,000.00 One Fund lBond I 08-Aug-00 I R/F 1 3,607,099.78 3,607,099.78 8,752,126.78 8,823,979.67 TOTAL INVESTMENTS $ 54,619 540.81 $ 60 031 844.52 Note that interest on GICs is annual compounding with the exception of the following. (A)Interest is paid semi-annually (B)Interest is paid annually 15-10 (:\Administration\INVESTMENTS\CURRENT YEAR\2013 INVESTMENT SUMMARY\09 September 2013 Investment Summary.xlsx For Fin 3rd Qtr Report ATTACHMENT"D" CORPORATION OF THE MUNICIPALITY OF CLARINGTON Debenture Repayment Schedule As of January 1,2013 Year South Courtice Indoor Soccer/ RRC Newcastle Newcastle Total Arena Lacrosse CCD Space Library Aquatic 2013 1,077,778.50 335,427.00 107,074.68 104,042.98 1,781,367.25 3,405,690.41 2014 1,081,988.50 1,761,015.00 107,074.68 103,480.98 1,783,101.25 4,836,660.41 2015 1,083,940.50 107,074.68 '103,677.48 1,784,674.00 3,079,366.66 2016 1,083,562.50 107,074.68 103,575.48 1,785,231.50 3,079,444.16 2017 1,080,782.50 107,074.68 104,194.48 1,785,285.25 3,077,336.91 2018 107,074.68 556,507.98 1,784,635.50 2,448,218.16 2019 107,074.68 1,784,054.75 1,891,129.43 2020 107,074.68 1,629,375.00 1,736,449.68 2021 53,537.34 1,071,000.00 1,124,537.34 2022 1,023,750.00 2023+ 5,408,052.50 2,096,442.00 910,134.78 1,075,479.38 16,212,474.50 25,702,583.16 Principal at Jan 1/2013 5,105,000.00 1,902,000.00 764,480.59 861,000.00 13,207,000.00 21,839,480.59 Principal at Jan 1/2014 4,120,000.00 1,670,000.00 695,677.76 800,000.00 12,002,000.00 19,287,677.76 Interest Rates 1.55%to 2.30% 5.25%to 5.45% 5.12% 3.9%to 5.2% 4.3%to 4.75% NOTES: (A) 2013 changed to accrual basis for interest. Total budget is$3,405,690.41+297,496.09-330,440.87=$3,372,745.64 (B) 2014 and 2018 each require renewal of debentures for a further 5 year period unless funding is available from other sources. Partial funding at those times would reduce debenture burden for following 5 year period. 15-11 Attachment "E" MUNICIPAL DEVELOPMENT CHARGES MONTH OF SEPTEMBER 2013 2012 MUNICIPAL NUMBER MUNICIPAL NUMBER %CHANGE OF UNITTYPE DEV. CHARGES PAID OF UNITS DEV.CHARGES PAID OF UNITS DEV.CHGS 2013-2012 Single/Semi- Detached -New construction $ 201,734.00 13 $ 502,424.00 33 -Additions $ - 0 Townhouse $ 119,652.00 . 9 $ - 0 Apartment $ - 0 Commercial $ 9,178.13 4 Agricultural $ - 0 Government $ - 0 Institutional $ - 0 Industrial $ 46,451.25 1 TOTAL $ 321,386.00 22 $ 558,053.38 38 -42.4% MUNICIPAL DEVELOPMENT CHARGES JANUARY TO SEPTEMBER -YEAR TO DATE 2013 2012 MUNICIPAL NUMBER MUNICIPAL NUMBER %CHANGE OF UNITTYPE DEV.CHARGES PAID OF UNITS DEV.CHARGES PAID . OF UNITS DEV.CHGS 2013-2012 Single/Semi- Detached -New construction $ 3,235,346.54 210 $ 5,182,960.00 343 -Additions $ - 0 $ - 0 Townhouse $ 1,011,774.00 75 $ 703,734.00 53 Apartment $ - 1 $ - 0 Commercial $ 185,761.42 8 $ 298,738.13 12 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 0 $ - 1 Industrial $ 40,842.21 2 $ 352,469.33 4 TOTALI $ 4,473,724.17 296 $ 6,537,901.46 413 -31.67 15-12 a ngto'l LEGAL DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-law#: Report#: LGL-010-13 File#: A09.GE and L2030-01-09 Subject: CODE OF CONDUCT RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report LGL-010-13 be received for information. Submitted b �,ia '�' f� `'1� Reviewed b ':— ��u >'� %�' Anglfew C. Allis n, B. Comm., LL.B. Franklin Wu, MAOM Municipal Solicitor Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 16-1 REPORT NO.: LGL-010-13 PAGE 2 1.0 BACKGROUND 1.1 At its meeting on September 9, 2013, the General Purpose and Administration Committee passed the following resolutions: Resolution #GPA-445-13: THAT Staff be directed to develop a new Code of Conduct which includes all of the elements of the Code of Conduct as outlined in the Model Form of Code of Conduct prepared for the Municipal Integrity Commissioner's Association, Attachment 2 to Report LGL-007-13. Resolution #GPA-446-13: THAT the foregoing resolution #GPA-445-13 be referred back to staff for a further report on what portions of the Model Code of Conduct are already covered within Municipality of Clarington By-laws, 1.2 Model Form of Code of Conduct prepared for the Municipal Integrity Commissioner's Association (the "Model Code") is attached to this Report (Attachment 1). The Code of Conduct adopted by Council in November 2009 is also attached to this Report (Attachment No. 2). 2.0 DISCUSSION 2.1 The following table lists the existing Clarington by-laws and policies that correspond to the 10 substantive (but non-enforcement) sections of the Model Code. MODEL CODE CLARINGTON BY-LAW or POLICY IV. COMPLIANCE WITH DECLARATION There are no Municipal by-laws or policies OF OFFICE that apply to the declaration of office, but Every member shall act in accordance making the declaration under oath is a with his or her declaration of office. statutory requirement (section 232 of the Municipal Act, 2001). V. ADHERENCE TO COUNCIL Several policies and procedures apply to POLICIES AND PROCEDURES the conduct of employees of the Every member of Council shall observe Municipality but not to members of Council. and comply with every provision of this The most notable is Policy E1 - Code of Code of Conduct, as well as all other Ethics (see Attachment 3 to this Report). policies and procedures adopted or In addition to the Municipality's Code of established by Council affecting the Conduct, the conduct of members is Councillor, acting in his or her capacity as regulated through certain provisions in a member of Council. Procedural By-law 2011-016, Purchasing By-law 2010-112, Policy E5 (Harassment), Policy F8 Freedom of Information & 16-2 REPORT NO.: LGL-010-13 PAGE 3 Protection of Privacy), and Policy F110 (Use of Corporate Resources for Election Purposes) as described in this table and in section 2.2 of this Report. VI. CONDUCT AT MEETINGS PROCEDURAL BY-LAW 2011-016 Every member shall conduct himself or 10.1 Conduct of Members of Council, herself properly and in a civil manner at GPA and Special Committees Council, committee and other meetings, 10.1.1 No Member shall: and in accordance with the provisions of the Procedure By-law, this Code of (a) speak disrespectfully of any Conduct, and other applicable law. elected assembly; VII. CONDUCT RESPECTING OTHERS (b) use offensive words or Every member of Council has the duty and unparliamentarily language or responsibility to treat members of the speak disrespectfully against public, one another and staff appropriately the Council, against any and without abuse, bullying or intimidation, Member, or against any officer and to ensure that the municipal work or employee of the Municipality; environment is free from discrimination ... and harassment. (d) disobey the Rules of Procedure A member shall not use indecent, abusive or a decision of the Chair, on or insulting words or expressions toward questions of Points of Order or any other member, any member of staff or procedure or upon the any member of the public. interpretation of the Rules of A member shall not speak in a manner Procedure except where the that is discriminatory to any individual, ruling of the Chair is reversed based on that person's race, ancestry, by Council pursuant to place of origin, creed, gender, sexual subsection 10.6.3. If a orientation, age, colour, marital status, or Member persists in any such disability. disobedience after having been called to order by the Chair, the VIII. CONDUCT RESPECTING STAFF Chair shall forthwith order him Under the direction of the senior municipal or her to vacate the Council administration, and in accordance with the Chambers or room in which the decisions of Council, municipal staff are Meeting is being held, but if the required to serve the municipal corporation Member apologizes he or she as a whole. Every member shall be may, by majority vote of the respectful of the role of staff to provide Members, be permitted to advice based on political neutrality and retake his or her seat; objectivity and without undue influence from any member or faction of the Council. Accordingly, no member shall maliciously POLICY E5 (Harassment) or falsely injure or impugn the professional This Policy provides for independent or ethical reputation of any member of investigations into allegations of staff. Every member shall show respect harassment by members of Council (see for staff, and for their professional Attachment 4). capacities and responsibilities ... 16-3 REPORT NO.: LGL-010-13 PAGE 4 IX. GIFTS AND BENEFITS No comparable Municipal by-law or policy. X. CONFIDENTIAL INFORMATION PROCEDURAL BY-LAW 2011-016 10.1 Conduct of Members of Council, GPA and Special Committees No member shall disclose, release or 10.1.1 No Member shall: publish by any means to any person or to the public any confidential information ... acquired by virtue of his or her office, in (e) where a matter has been any form, except when required or discussed in a closed Meeting, authorized by Council or otherwise by law and where the matter remains to do so. confidential, disclose the content of the matter or the "' substance of the deliberations of the closed Meeting to any person. PURCHASING BY-LAW 2010-112 Disclosure 95. No Corporation employee or any member of Council shall disclose any details regarding Bids except as permitted by this by-law and the Municipal Freedom of Information and Protection of Privacy Act. POLICY F8 (Freedom of Information & Protection of Privacy) This policy deals with the use of confidential information by members of Council (see Attachment 5). XI. USE OF CITY PROPERTY, CODE OF CONDUCT SERVICES AND OTHER RESOURCES 2 Conduct No member of Council shall use, or permit Members of Council shall not: the use of, municipal land, facilities, equipment, supplies, services, staff or ... other resource, including any municipally- b) use municipal property, equipment, owned information, website, Council supplies or services of consequence transportation delivery service or funds for activities not associated with the allocated for member of Council expenses, discharge of official duties. for any purpose or activity other than the lawful business of the municipal c) benefit from the use of information corporation. No member shall seek or relating to the affairs of the acquire any personal financial gain from Municipality. the use or sale of confidential information, d) benefit from the use of information or any municipally-owned intellectual 16-4 REPORT NO.: LGL-010-13 PAGE 5 property including any invention, creative acquired during the course of official writing or drawing, computer program, duties which is generally not available technical innovation, or any other to the public. information or item capable of being PURCHASING BY-LAW 2010-112 patented or copyrighted, of which property remains exclusively that of the Personal Purchases municipality. 97 (1)In this section, "Personal Purchase" means a purchase of Goods and/or Services requested by an elected official, an appointed official or by any other employee of the Corporation that is not required for the purposes of the Corporation or a Local Board. (2)No Personal Purchases shall be made by the Corporation for any Member of Council, member of a Local Board, or employees of the Corporation, unless specifically authorized. XII. CONDUCT OF ELECTION POLICY F110 (Use of Corporate CAMPAIGNS Resources for Election Purposes) Every member shall comply with all This Policy (approved by Council on applicable requirements of the Municipal January 27, 2010) comprehensively deals Elections Act, 1996. No member shall use with all of these matters (see Attachment confidential information, facilities, 6). equipment, supplies, services or other resources of the municipality, including any Councillor newsletter or website linked through the municipality's website, for any election campaign or campaign-related activity. No member shall undertake campaign-related activities on City property during regular staff working hours unless authorized by the municipality. No member shall use the services of any person for election-related purposes during hours in which that person receives any compensation from the municipality. X111. NO IMPROPER USE OF No comparable Municipal by-law or policy. INFLUENCE 2.2 Code of Conduct policies 2 e), g) and h) and section 82 of Purchasing By-law 2010-112 (reproduced below) govern the conduct of members with respect to the procurement of goods and services. There are no comparable provisions in the Model Code. 16-5 REPORT NO.: LGL-010-13 PAGE 6 CODE OF CONDUCT 2. Conduct Members of Council shall not: e) sell goods or services to the Municipality or have a direct or indirect interest in a company or own a company which sells goods or services to the Municipality. g) bid on the sale of goods except those disposed by public auction. h) use Municipal buying power for personal gain or benefit. PURCHASING BY-LAW 2010-112 Conflict of Interest 82. The_ participation of members of Council and employees of the Corporation in the procurement process shall be governed by, in the case of members of Council, the Municipal Conflict of Interest Act and, in the case of employees, by the Code of Ethics Policy H3. 2.3 Staff will require further direction if there is a desire to amend Council's position respecting what conduct is to be regulated and how the Code is to be enforced. 3.0 CONCURRENCE 3.1 The Municipal Clerk concurs with the recommendation in this Report. CONFORMITY WITH STRATEGIC PLAN — Not applicable. Attachment 1: Model Code of Conduct Attachment 2: Code of Conduct— Members of Council (November 2009) Attachment 3: Policy E1 - Code of Ethics Attachment 4: Policy E5 - Harassment Attachment 5: Policy F8 - Freedom of Information & Protection of Privacy Attachment 6: Policy F110 - Use of Corporate Resources for Election Purposes 16-6 ATTACHMENT NO. 1 TO REPORT LGL-0010-13 f 1 Schedule A to By-law 200910 Code of Conduct Members of Council 1, Purpose rpose The Code of Conduct for members of council serves as a guide to members of'council in the Individual conduct of their official duties, The Code represents general standards. It does not replace council member's roles, responsibilities, actions and behaviours required by various statutes. 2. Conduct Members of council shall not: a) breach the public trust or misappropriate public funds and/or resources. b) use Municipal property, equipment, supplies or services of consequence for activities not associated with the discharge of official duties, c) benefit from the use of information relating to the affairs of the Municipality, d) benefit from the use of information acquired during the course of official duties which Is not generally available to the public. e) sell goads or services to the Municipality or have a direct or indirect interest in a company.or own a company which sells goods or services to the Municipality. f) conduct their work activities in a manner which may cause personal Injury to themselves or others or damage to equipment or property . of the Municipality. g) bid on the sale of goods except those disposed by public auction. h) use Municipal buying power for personal gain or benefit. 3, Enforcement The onus of compliance of the Code is on the individual member of council, in addition, the provisions of various statutes pertaining to the roles, responsibilities, actions and behaviours governing members of council apply to.instances of improper conduct. 16 7 ATTACHMENT NO. 2 TO REPORT LGL-0010-13 Ontario Municipal Act MODEL FORM OF CODE OF CONDUCT FOR AIEA/LBERS OF COUNCIL I. PRINCIPLES UPON RICH THIS CODE IS BASED Improving the quality of municipal administration and governance can best be achieved by encouraging high standards of conduct on the part of all municipal officials.In particular,the public is entitled to expect the highest standards of conduct from the members that it elects to local government. In turn, adherence to these standards will protect and maintain the municipality's reputation and integrity. Key statements of principle that underline this Code of Conduct are as follows: • Members of Council must serve and be seen to serve their constituents in a consci- entious and diligent manner; Members of Council must be committed to performing theirfunctions withintegrity, avoiding the improper use of the influence of their office, and conflicts of interest, both apparent and real; Members of Council are expected to perform their duties in office and arrange their private affairs, in a manner that promotes public confidence and will bear close public scrutiny; l Members of Council must recognize and act upon the principle that democracy is best achieved when the operation of government is made as transparent and ac- countable to members of the public as possible;and • Members of Council shall seek to serve the public interest by upholding both the letter and spirit of the laws of Parliament and the Ontario Legislature,as well as the laws and policies adopted by the municipal council. II. APPLICATION OF THIS CODE This Code of Conduct applies to every member of the Council: III. DEFINITIONS In this Code of Conduct: "child"means a child born within or outside marriage and.includes an adopted child and a person whom a member has demonstrated a settled intention to treat as a child of his or her family; "Council"means the Council of the[name of the municipality to be inserted here; ."information"includes a record or document; "member"means a member of the Council, unless the context otherwise requires; "parent" means a person who has demonstrated a settled intention to treat a child as a part of his or her family whether or not that person is the natural parent of the child; COC-2 16-8 r: Code of Conduct for Members of Council "person"includes a corporation,partnership,association and any other entity,as the context allows;and "spouse"means a person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage. IV. COMPLIANCE WITH DECLARATION OF OFFICE Every member shall act in accordance with his or her declaration of office. V. ADHERENCE TO COU14CIL POLICIES AND PROCEDURES Every member of Council shall observe and comply with every provision of this Code of Conduct, as well as all other policies and procedures adopted or established by Council affecting the Councillor,acting in his or her capacity as a member of Council. VI. CONDUCT AT MEETINGS Every member shall conduct himself or herself properly and in a civil manner at Council, committee and other meetings,and in accordance with the provisions of the Procedure By-. law,this Code of Conduct,and other applicable law. V11, CONDUCT RESPECTING OTBERS Every member of Council has the duty and responsibility to treat members dthe public,one another and staff appropriately and without abuse, bullying or intimidation, and to ensure that the municipal work environment is free from discrimination and-harassment. A member shall not use indecent,abusive or insulting words or expressions toward any other member, any member of staff or any member of the public. . A member shall not speak in a manner that is discriminatory to any individual,based on that person's race,ancestry,place of origin,creed,gender,sexual orientation,age,colour,marital status,or disability. VIII. CONDUCT RESPECTING STAFF Under the direction of'the senior municipal administration, and in accordance with the decisions of Council, municipal staff are required to serve the municipal corporation as a p whole,.Every member shall be respectful of the role of-staff to provide advice based on political neutrality and objectivity and without undue influence.from any member or faction of the Council.Accordingly, no member shall maliciously or falsely injure or impugn the professional or ethical reputation of any member of staff.Every member'shall show respect n for staff,and for their professional capacities and responsibilities. No member shall compel any member of staff to engage in partisan political activities, or subject any member of staff to threat or discrimination for refusing to engage in any such activity. No member shall use or attempt to further his or her authority or influence by COC-3 16-9 Ontario Municipal Act intimidating,threatening,coercing,commanding orinfluencin-improperly any staff member or interfering with that person's duties,including the duty to disclose improper activity; — JX. GIFTS AND BENTFITS For the purposes of this Code,a gift or benefit provided,with the member's knowledge,to a " member's spouse,child or parent,or to his or her staff,that is connected directly or indirectly to the performance of the member's duties,is deemed to be a gift or benefit to that member. No member shall accept a fee,advance,gift or personal benefit that is connected directly or ' indirectly with the performance of his or her duties of office,unless permitted under one or l more of the exceptions listed below. — I Each of the following is recognized as an exception: (a) compensation authorized by law; (b) a gift or benefit of the kind that normally accompanies the responsibilities of office and is received as an incident of protocol or social obligation; _ (c) a political contribution otherwise authorized and reported as required by law,in the F I case of a member running for office; (d) services provided without compensation by a person volunteering his or her time; (e) a suitable memento of a function honouring the member; (f) food,lodging,transportation or entertainment lawfully provided by any Provincial, regional or local government or board or political subdivisions of any of them,by 1 the Federal government,a foreign government,or by those organizing a conference, I seminar or event where the member is speaking or attending in an official capacity; (g) food and beverages consumed at a banquet,reception or similar event,if: ! (i) attendance by the member is for a legitimate municipal purpose; 1 - (ii) the person extending the invitation, or a representative of the organization holding the event,is in attendance;and (iii) the value is reasonable; (h) communications to the office of a member,including subscriptions to newspapers ` and periodicals;and (i) a sponsorship or donation for a community event organized or run by a member,or a thirdparty on behalf of amember,subject to thelimitations set outin any applicable — municipal policy. .Except for exception(c) (political contributions allowable by law), these exceptions do not i apply where a gift or benefit is provided by a lobbyist or a lobbyist's client or employer.In this provision,a lobbyist is an individual,organization or business who or that: (a) lobbies,or causes the lobbying of,any public officeholder of the municipality,the municipal council or corporation,or a local board; — COC-4 — 16-10 Code of Conduct for Members of Council (b) the member knows is attempting or intending to lobby the member or any of the public persons or bodies listed in or (a);or (c) is maintaining an active lobbyist registration with the municipality,whether or not with respect to any specific or current subject-matter. In the case of any of the recognized exceptions(b),(e),(f),(h)and(i),if the value of the gift or benefit exceeds$300.00, or if the total value of gifts or benefits received from any one source during the course of a calendar year exceeds $300.00, the member shall file, within 30 days of receipt of the gift or benefit,or of reaching the annual limit,a disclosure statement with the municipality[or with its Integrity Commissionerj. The disclosure statement must set out: 1 the nature of every gift or benefit received; 2 its source and date of receipt; 3 the circumstances under which it was given and received; 4 its estimated value; 5 what the recipient intends to do with any gift;and 6 whether any gift will at some point be provided to the municipality. Every disclosure statement filed under this Code shall be made a public record. Upon receiving a disclosure statement, the Integrity Commissioner, or other responsible municipal official,shall examine itto ascertain whether the receipt of the gift or benefit might, in his or her opinion, constitute a contravention of this Code or create a conflict between a private interest and the public duty or responsibilities of the member. In the event that the Integrity Commissioner makes such a determination,he or she shall call upon the member to justify receipt of the gift or benefit. Should the Integrity Commissioner or other municipal official determine that receipt of any gift or benefit was inappropriate,he or she may direct the member to return the gift,reimburse the donor for the value of any gift or benefit already consumed,forfeit the gift or remit the value of any gift or benefit already consumed, to the municipality. Except in the case of exceptions(a), (c),(f)and(i),no member shall accept a gift or benefit worth in excess of$500.00,or gifts or benefits from one source during a calendar year which together are worth in excess of$500.00. X. CONFFDENTLA— ,h FORMATION In this Code, "confidential information"includes any information in the possession of, or received in confidence by,the municipality that the municipality is prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom of lnfo)7mation.and Protection of Privacy Act,or any other law. "Confidential information"also includes infor- mation of a corporate,commercial,scientific or technical nature received in confidence from third parties;personal information; information that is subject to solicitor-client privilege; information that concerns any confidential matters pertaining to personnel,labour relations, litigation, property acquisition, the security of the property of the municipality or a local board; and any other information lawfully determined by the Council to be confidential, or required to remain or be kept confidential by legislation or order. COC-5 16-11 Ontario Municipal Act No member shall disclose,release or publish by any means to any person or to the public any confidential information acquired by virtue of his or her office, in any form, except when required or authorized by Council or otherwise by law to do so. No member shall use confidential information for personal or private gain or benefit, or for = the personal or private gain or benefit of any other person or body. A matter, the substance of a matter, and information pertaining to a matter, that has been debated or discussed at a meeting closed to the public,shall be maintained,as confidential, unless authorized by the Council or legislation to be released,generally or subject to condi- tions,and such are complied with.No information pertaining to such a matter,the manner in which it was dealt with at the meeting, or any part or description of the debate, shall be _ disclosed unless authorized by the Council or otherwise by law. A member may disclose the content of an matter referred to in the receding paragraph or c--� Y P P P the subject-matter of deliberations,at an in camera meeting,only after the Council or com- mittee lawfully and knowingly discusses the information at a meeting that is open to the- public or releases the information to the public. Without limiting the generality of the foregoing,no member shall,without lawful authority, disclose,or make personal use of, any of the following types of confidential information: • ..information concerning litigation,negotiation or personnel matters; � information the publication of which may infringe on the rights of any person(e.g. _7 " source of a complaint where the identity of a complainant is given in confidence); • price schedules in any contract, tender or proposal document while such remains a confidential document; • information deemed to be"personal information"under the Municipal Freedom of In and Protection of Privacy Act • any other information or statistical data required by law not to be released. No member of Council shall obtain access, or attempt to gain access, to confidential infor- mation in the custody of the municipality except to the extent that such access is necessary for the performance of his or her duties and such access is not prohibited by Council or otherwise by law. Yf. USE OF CITY PROPERTY,SERVICRS AND OTHER RESOURCES °-- ' L_ No member of Council shall use, or permit the use of,municipal land,facilities,equipment, supplies, services, staff or other resource, including any municipally-owned information, website, Council transportation delivery service or funds allocated for member of Council expenses,for any purpose or activity other than the lawful business of the municipal corpo- ration,No member shall seek or acquire any personal financial gain from the use or sale of confidential information,or of any municipally-owned intellectual property including any invention,creative writing or drawing,computer program,technical innovation,or any other information or item capable of being patented or copyrighted, of which property remains exclusively that of the municipality. COC-6 -L- 1` 16-12 Code of Conduct for Members of Council M CCNDUCT CF EI,ECTIC11 CA VIIIA'(CN Every member shall comply with all applicable requirements of the Municipal Elections Act, 1996.No member shall use confidential information,facilities,equipment,supplies,services or other resources of the municipality,including any Councillor newsletter or website linked through the municipality's website,for any election campaign or campaign-related activity. No member shall undertake campaign-related activities on City property during regular staff worsting hours unless authorized by the municipality, No member shall use the.services of any person for election-related purposes during hours in which that person receives any compensation from the municipality. (. M.�ri IPRO PER€JSF O EN-11 1JENCF No member of Council shall use the influence of his or her office for any purpose other than for the lawful exercise of his or her official duties and for municipal purposes. No member of Council shall use his or her office or position to influence or attempt to influence the decision of any other person,for the member's private advantage or that of the member's parent,child,spouse,staff member,friend or associate,business or otherwise,No member shall attempt to secure preferential.treatment beyond activities in which members normally engage on behalf of their constituents as part of their official duties.No member shall hold out the prospect or-promise of future advantage through the member's supposed' influence within-Council,in return for any action or inaction. For the purposes of this provision,"private advantage"does not include a matter: (a) that is of general application; (b) that affects a member of Council,his or her parents/children or spouse,staff mem- bers,friends or associates,business or otherwise,as one of a broad class of persons; or (c) that concerns the remuneration or benefits of a member of Council. This provision does not prevent a'member of Council from requesting that Council grant a lawful exemption from a policy. NON-COTYPLM'LCE WITH THIS CODE OF CONDUCT-SANCTIONS A member found by Council to have contravened any provision of this Code,is subject to one ormore of the following consequences imposed by Council,as referred to in the following two paragraphs: The MunicipalAct,2001 authorizes the Council,where ithas received a report by its Integrity Commissioner that,in his or her opinion, there has been a violation of the Code of Conduct, to impose upon the offending member of Council: 1 ' a reprimand; 2 suspension of the remuneration paid to the member in respect of his or her services as a member of Council or a focal board,as the case may be,for a period of up to 90 days. COC-7 16-13 Ontario Municipal Act The Integrity Commissioner may also recommend that Council or a local board take one or more of the following actions: 1 removal from membership on a committee or local board; 2 removal as chair of a committee or local board; 3 repayment or reimbursement of monies received; 4 return of property or reimbursement of its value; 5 request an apology to Council,the complainant,or both; or 6 any other or additional action deemed by Council to be appropriate, and which is within its power to take. XT. NO KEPEISAI.,OR OBSTRUCTION IN THE APPLICATION OR El'FORCE- lN NT OF THIS-CODE Every member of Council must respect the integrity of the Code of Conduct and inquiries and investigations conducted under it,and shall co-operate in every way possible in securing compliance with its application and enforcement.Any reprisal or threat of reprisal against a complainant or any other person for providing relevant information to the Integrity Commis-. sioner or any other person is prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner,or any other municipal official involved in applying or furthering the objectives or requirements of this Code,in the carrying out of such responsi- bilities,or pursuing any such objective. X-V1 STATUTES REGULATING TBIE CONDUCT OF COUNCILLORS In addition to this Code of Conduct,the following Ontario legislation also governs the conduct of members of Council: • the ildunicipalAct,2001,as amended; • the Municipal Conflict of Interes£Act, • the Municipal Elections Act,1996;and • the Municipal Freedom of Information and Protection of Privacy Act. The Criminal Code of Canada also governs the conduct of members of Council. A member may become disqualified and lose his or her seat by operation of law,including being convicted of an offence under the Criminal Cade of Canada or being found to have failed to comply with the Municipal Conflict of Interest Act,whether or not the conduct in question involves contravention of this Code of Conduct. In the case of any inconsistency between this Code and a Federal or Provincial statute or regulation, the statute or regulation shall prevail. COC-8 16-14 Corporate Policy Leading the Way POLICY TYPE: Working Conditions and Programs EPOR # # 3 TO R POLICY TITLE: Code of Ethics �PNT# POLICY#: E POLICY APPROVED BY: Council EFFECTIVE DATE: December 10,2001 REVISED: September 18,2012 APPLICABLE TO: All Employees 1. Purpose: To provide a standard of conduct for employees of the Corporation in the carrying out of their work assignments and their relationships with the public, elected officials and each other. 2. Policies/Procedures: Conduct a) Employees are expected to promote the goals, objectives and policies of the Municipality of Clarington. b) Employees will acknowledge and recognize the dignity and worth of every resident they-serve and person with whom they work. c) Employees shall not breach the public trust or misappropriate public funds and/or resources. d) Employees shall not use Municipal property, equipment, supplies or services of consequence for activities not associated with the discharge of official duties. e) Employees shall not participate in any decision,promotion or make any recommendation to their supervisor, Committee or Council, in which they or their immediate family has any financial interest except as a resident of the Municipality. (Refer to Appendix for clarification). f) Employees shall not solicit or accept any gift,present or favour, the acceptance of which shall place, or appear to place,the employee under an obligation to the donor or the Municipality in a compromising situation. (Refer to Appendix for clarification). g) Employees shall not place themselves in a position where they are under obligation to any person who might benefit from consideration or favour on their part or who may seek in any way,preferential treatment. h) Employees shall not benefit from the use of information relating to the affairs of the Municipality. E1 —Code of Ethics Page 1 of 3 16-15 Corporate Policy Leading the Way i) Employees shall not benefit from the use of information acquired during the course of official duties which is not generally available to the public. j) Employees shall not accept outside employment while in the employ of the Corporation where such employment would place or appear to place them in a conflict of interest situation. k) Employees shall not sell goods or services to the Municipality or have a direct or indirect interest in a company or own a company which sells goods or services to the Municipality. 1) Employees shall not treat or provide preferential treatment to any enterprise, organization, group or person. m) Employees shall not conduct their work activities in a manner which may cause personal injury to themselves or others or damage to equipment or property of the Municipality. n) Employees are expected to report to work in a fit condition to carry out their work duties. Employees reporting to work in an unfit condition will be sent home without pay. The Corporation considers an employee unfit for work if they are under the influence of alcohol or other substances which may compromise their ability to work. This includes legal medications which may impair one's effectiveness and/or judgment and those other substances which are illegal. Likewise, consumption of alcohol or illegal substances during working hours and on corporate property is strictly forbidden. o) Employees shall not bid on the sale of the Municipality's goods except those disposed by Public Auction. p) Employees shall not use Municipal buying power for personal gain or benefit. Outside Work Employees shall not,without the approval of the Department Head or the Chief Administrative Officer as the case may be: a) Engage in any business or transaction or have financial or other personal interest, which is incompatible with the discharge of their official duties. b) Engage in any outside work or activity or business undertaking: i) That interferes or appears to interfere with the employee's duties, in which the employee has an advantage or appears to have an advantage derived from the employment in the Municipal Corporations. ii) In a professional capacity that will or might appear to influence or affect the carrying out of duties as a Municipal employee. El —Code of Ethics Page 2 of 3 16-16 Corporate Policy Leading the Way Communications a) An employee shall be courteous, civil and act in good faith with all persons with whom he/she is dealing with in the course of their employment. An employee shall not in the course of their employment send correspondence or otherwise communicate to any other person in a manner that is abusive, offensive or otherwise inconsistent with the proper tone of a professional communication from a Municipal employee, except in extenuating circumstances such as an abusive member of the public. b) Employees should recognize that as a representative of the Municipality, their actions both during and after working hours reflect the.Municipality of Clarington. Therefore, they are encouraged to adhere to this policy regarding communications when addressing council or elected representatives even as a private citizen. Confidential Information In the course of employment with the Municipality, an employee may work with information and/or materials which are confidential. Each employee has a moral and legal obligation not to disclose any such information or use that information for the gain or profit of the employee or any other person. This obligation continues even after the employee discontinues working for the Municipality of Clarington. Disclosure Whenever an employee considers that he or she could be involved in a conflict of interest as prohibited in this policy,the employee shall immediately disclose the situation to the Department Head (or his or her designate), or the Chief Administrative Officer, as the case may be. The voluntary disclosure of areas of conflict of interest shall be treated as confidential by the employee and Municipal authorities and the employee should abide by the advice given to him/her. Contravention Should a situation arise which appears to be in contravention of this policy, the Chief Administrative Officer shall, in consultation with the employee's Department Head and any other Municipal Official he may wish to consult, determine what action is appropriate in the, circumstances, which may include discipline up to and including termination of service. The matter may then be reported, at the discretion of the Chief Administrative Officer, to the appropriate Committee(s) of Council for information. 3. Appendix: Code of Ethics Guidelines E1 —Code of Ethics Page 3 of 3 16-17 Appendix to Policy E 1 Code of Ethics Guidelines The following interpretation and guidelines are provided to augment and/or to clarify the Code of Ethics Administrative and Corporate policy. If there is any question arising out of the following, employees are encouraged to contact the Chief Administrative Officer whose decision will be final. Sections: Conduct(e) "Immediate family member"used in this subsection shall mean spouse, father, mother, son or daughter. Conduct(f) Any employee shall not accept any gift either at home or at the place of business from any person, company or business, irrespective of whether or not the person, company or business has any business connection with the Municipality,in the past, currently or in the future. In the latter situation, it is understood that an employee cannot predict who will be doing business with the Municipality in the future. In this situation, an employee should seek advice from the Department Head. For example, a development company, or a potential supplier may not have any past or current business with the Municipality. However, the employee should be cognizant of the nature of the business of these companies and should not accept any gift from these companies because it would place the employee in a compromising situation. The above guidelines apply to personal gifts during the Christmas season. The only exception being a gift to the Department as a whole and could include such items as a fruit basket, chocolates, etc., during the Christmas Season. In the event gifts are dropped off before the employee has the opportunity to refuse acceptance,the gifts should be turned over to the Department Head who shall: a) Return the gifts if it does not cause the Municipality to incur unnecessary expenses; or b) Telephone the donor and request to have the gifts picked up. Should the gifts not be picked up, the Department Head shall donate the gifts to a local charity and advise the donor in writing of the action.taken. Outside The Code of Ethics was never intended to prohibit.any employee of the Work Municipality to augment his/her income by engaging in other part-time employment opportunities which bear no resemblance to his/her municipal work. If the nature of the part-time/outside work is related, the employee should seek prior clearance from the Department Head. 16-18 ATTACHMENT NO.4 TO REPORT LGL-0010-13 Corporate Policy Leading the Way POLICY TYPE: Working Conditions and Programs POLICY TITLE: Harassment POLICY#: ES POLICY APPROVED BY: Chief Administrative Officer EFFECTIVE DATE: April 28, 1997 REVISED: October 2,2012 APPLICABL-t TO: All Employees and Elected Officials The Corporation of the Municipality of Clarington is dedicated to providing a healthy and safe work environment. Acts of workplace harassment by staff, volunteers or visitors will not be tolerated, The Municipality of Clarington has a zero tolerance policy regarding workplace harassment, Any violation of the policy will be investigated and may result in disciplinary action up to and including t rmination with cause. Violence in the workplace is dealt with under a separate Health&Safety Policy(E-S Workplace Violence). . 1, Purpose: a) To convey the Municipality's commitment to maintaining a workplace free of harassment, b) To ensure employees know what to do if he/she has been harassed or accused of harassing another individual, and are aware of their responsibilities in maintaining a harassment free workplace 2.Definitions 2.1 Workplace: any location where business of the Municipality is-being conducted such as offices and buildings of the Corporation. The workplace includes cafeterias, washrooms,locker rooms,work sites, on-road municipal vehicles and personal vehicles while occupied by municipal employees during travel for the puipose of municipal business, during regular or non regular hours as required, Harassment that occurs outside the workplace but which has repercussions in the work environment,adversely affecting employee relationships,may also be defined as workplace harassment, with each.situation to be evaluated on its own merit. 2.2 Harassment: means engaging in a course of vexatious comments including electronic means of communication or conduct by an employer, someone acting for the employer or co-worker towards any other employee which is intimidating, annoying or malicious and may relate to race, ancestry,place of origin, colour, ethnic origin, citizenship, religion/creed, sex, sexual orientation, age,record of offences (provincial offences and pardoned federal offences),marital status,family status or handicap, against a worker in a workplace that is known or ought reasonably to be known to be unwelcome whether intended or not, E5 -Harassment Page 1 of 7 16-19 Corporate Policy Leading the Way ` 23.Harassment is further explained as follows; a) Sexual Harassment; • Sexual advance or solicitation by a person who is in a position to grant or deny a benefit to another. • Reprisal or threat of reprisal by a person in a position to,grant or deny a benefit to a person who has rejected his or her sexual proposition • Unnecessary or unwanted physical contact,ranging from touching,patting or pinching to physical assault • Leering or other,suggestive gestures • Unwelcome remarks,jokes,suggestions or insults about a person's physical appearance, attire or sex • Displaying, sending or communicating electronically or by any other means pornographic pictures or other offensive, sexually explicit material • Practical jokes of a sexual nature,which cause awkwardness or embarrassment • Demands or requests for sexual favours,particularly by a person who is in a position to grant or deny a benefit • Compromising invitations b) Discriminatory Harassment Unwelcome remarks,jokes or insults about a person's racial background, colour, place of birth, ancestry or citizenship • The displaying of racist,derogatory or otherwise offensive material • , Insulting gestures or practical jokes based on racial or ethnic grounds which cause embarrassment • A refusal to converse or woik with an employee because of his or her racial or ethnic background • Any other situation as defined by the prevailing Human Rights Code e) Workplaee Harassment • Physically abusive or aggressive behaviour such as pushing,hitting, finger pointing or standing close to the victim in an aggressive manner. • Using intimidating or disrespectful body language • Verbally abusive behaviour such as yelling, insults,intimidating comments and name calling • Spreading malicious rumours • Excluding or ignoring the victim • Making little or no eye contact with the victim and refusing to engage in common pleasantries • Sabotaging the victim's work or claiming credit for it • Reportedly blaming others for mistakes s Making false allegations in memos or other documents • A supervisor undermining the victim's efforts by setting impossible goals and deadlines and impeding an employees efforts at promotions or transfers E5 -Harassment Page 2 of 7 16-20 Corporate Policy (Leading the Way f • Persistent excessive and unjustified criticism and constant scrutiny by a supervisor 2A Examples that do not constitute'Workplace Harassment,providing they are undertaken without malice or intent to intimidate or undermine; • performance reviews • work assignments • work evaluation • disciplinary measures'taken by the employer for valid reasons • normal workplace conflict that may occur between'individuals, or differences in opinion between co-workers • requesting medical documentation in support of an absence from work 3. policies:. a) The Corporation of the Municipality of Clarington, CUPE Local 74 and the Clarington Fire Fighters Association,Local 3139 supports and recognizes their obligations regarding the right for every employee to work in a harassment free environment, as specified in the prevailing Ontario Human Rights Code and the Occupational Health& Safety Act. b) In keeping with its legal and social responsibilities as an employer, the management of the Corporation shall treat any complaint of harassment as a serious matter. c) No employee shall be harassed because of race, ancestry,place of origin, colour,ethnic origin, citizenship,religion, creed, sex,sexual orientation, age,record of offences (provincial offences and pardoned federal offences),marital status,family status or disability. d) A spirit of fairness to both parties must guide the proceedings. This includes the respondent's right to know both the allegations and the accuser and'the rights of both parties to a fair and impartial investigation and possibly a hearing. . e) Confidentiality will be maintained to the best of management's ability.Any employee who is the subject of a complaint shall be informed of the complaint as soon as reasonably-possible.The complainant who wishes to seek a remedy or a sanction through this procedure must be prepared to be identified to the respondent which will be undertaken with efforts to maintain respect for all involved in the situation.All involved in the process are requested to maintain confidentially. f) This policy provides that the complainant not be compelled to proceed with the complaint unless the situation warrants as determined by management. It further provides the complainant with the right to withdraw a complaint at any point up to the final disposition of the matter. Based on knowledge obtained,the Corporation may be required to proceed with the investigation and report without the complainant's direct j involvement. E5 -Harassment Page 3 of 7 16-21 Corporate Policy Leading the Way g) The respondent is entitled to a specific disposition of the issue as appropriate to the situation and findings. h) The final result or discipline if any, enforced as a result of the complaint need not be shared with the complainant. i) Every effort must be made by all parties to stop the harassment immediately. j) Any employee may at any time throughout the process seek advice or assistance from the Ontario Human Rights Commission. 4. Procedures: The Complainant: Any person who believes he/she is being harassed by another person is advised to take the following measures: Step#2—Ask the harasser to stop: Inform-the harasser that his or her behaviour is unwelcome, An individual (although he or she should know better)may not realize that he or she is being offensive. A simple chat may resolve the problem,If the person refuses to cooperate,remind him or her that such behaviour is against Municipal policy, If the employee feels uncomfortable asking the harasser to stop, assistance or intervention by Human Resources may be sought, Step#2—Keep a record of the harassment: When did the harassment start? (E,g, dates,time,locations). What happened?Were there any witnesses?Were there any threats or reprisal?What was your response? Failure to keep a diary of the events will not invalidate your complaint, A record will, however,reinforce it, Step#3-Lodge a complaint: a) If the harassment, despite your efforts to stop it, continues,you should report the problem to your Supervisor,.Department Head or a designate from Human Resources, If . the offending person is the designate from Human Resources,the complaint should be taken directly to the Chief Administrative Officer or designate, If the offending person is the Department Head, the complaint shall be reported to Human Resources who will bring this matter to the CAO. If the offending;person is the CAO,the Human Resources designate has the ability to advise Council in a confidential report. b} If the complaint is against a member of Council, an independent investigation will be conducted, with the report going to the CAO,who is authorized to advise Council of the independent results. G) Once the complaint is received,if verbal,Human Resources will document the events as communicated. If the compliant is in writing the date and time received will be recorded. { Both parties may have a copy of the complaint,but Human Resources will retain all formal records. E5.-Harassment .Page 4 of 7 16-22 Corporate Policy (Leading the Way d) Where a manager or supervisor initially receives the official complaint,it is his/her responsibility to ensure that the designate from Human Resources and the Department Head is notified about the complaint as soon as reasonably possible. The designate from Human Resources is then responsible for assessment and initiation of an investigation. e) The designate from Human Resources will acknowledge receipt of a complaint as soon . as reasonably possible to the Manager/Department Head/Complainant/Alleged Harasser. f) The Department Head and the CAO will be kept apprised of the process as to the appropriate steps throughout the process. Human Resources: Human Resources with assistance from the Health&Safety Coordinator if requested shall take the following steps; Step #1--Investigation of Complaint will be conducted by Human Resources or by Independent investigator as appropriate to the circumstances as determined by Human Resources. a) Fact finding i) A confidential interview with relevant parties will be conducted to obtain information and clarify the details of the reported incident. Both parties will have an opportunity to identify witnesses or others who maybe interviewed. Where witnesses are not identified, or where otherwise appropriate, co-workers or other individuals may be interviewed. All interviews will be conducted in a confidential manner. ii) The results and conclusions of the investigation will be documented after interviewing the complainant,respondent and any other relevant witnesses including co-workers if necessary. Complainant and/or respondents may be asked to verify documentation.Where appropriate and necessary,the investigator may contact the Ontario Human Rights Commission or independent investigation firms for advice or assistance. b) Preliminary findings i) Where the information revealed early in the investigation suggests a reasonable possibility of a resolution, an early settlement may be proposed prior to conducting the entire investigation. ii) Where appropriate, a meeting may be convened with the parties(either individually or collectively as appropriate)involved to discuss preliminary findings of the investigation and inform participants of the possibility and nature of early settlement and the reasons. iii) This stage allows all parties to become aware of the tentative findings and presents an opportunity,based on the information,to resolve the matter upon agreement of all parties without further investigation. i, iv) Where agreement is reached and the matter deemed resolved, a summary report will be prepared for the Chief Administrative Officer and appropriate Department Head. E5 - Harassment Page 5 of 7 16-23 Policy orate P `.t` Q 1cJ Leading the Way v) In situations where both panties agree on a settlement but Human Resources deem the situation could pose a risk of further action, danger or legal outcome, Human Resources will make recommendations to the CAO regarding acceptance of the proposed settlement 6r proceeding further. c) Further investigation i) Where, as a result of preliminary findings, a resolution cannot be proposed or achieved, or where the designate fi-orn Human Resources determines that file closure at this point would not be appropriate, further investigations will be conducted. d) Notification and discussion of results. i) The designate from Human Resources will subsequently schedule meetings with the complainant, alleged harasser,Department Head and/or Chief Administrative Officer where necessary, to present and discuss the'findings and conclusions of the investigation. Separate meetings may be convened if necessary and all parties have a right to be represented. e) Report of Findings i) A written general summary of the complaint and results of the investigation will be provided to the Chief Administrative Officer,Director of Corporate Services/HR,Department Head the complainant and the respondent as they are i' affected by the outcome.Documents are retained by Human Resources and detailed notes are not provided to complainant or respondent. ii) The final full report will not be released to complainant or respondent or other party involved unless extenuating circumstances dictate, or there is a legal requirement to release the report, f) Disciplinary measures i) If there is evidence of harassment, disciplinary measures will be taken by the Department Head,in consultation with the Director of Corporate Services/HR and the Chief Administrative Officer as appropriate. Such discipline may include suspension or discharge. Documentation regarding the disciplinary action will be placed in the employees personnel file. g) Malicious complaints i) Where, as a result of an investigation,it is determined that the complaint was made maliciously—with a specific and directed intent to harm,or made in bad faith with reasonable knowledge of any intent to harm, formal disciplinary actions,may be taken against the complainant, after consultation with the Department Head,Director of Corporate Setvices/HR and/or CAO as appropriate. Documentation regarding the disciplinary action will be placed in the employee's personnel file. E5-Harassment rage 6 of 7 . 16-24 Corporate Policy Leading the Way Step#2--Preventing a Re-Occurrence a) If the complaint is found to be not supported,no documentation of the complaint will be placed in the employee file of the respondent,unless the respondent requests a letter of clearance stating the claim was unfounded be placed into their employee file. Human Resources will maintain all records. b) It is the responsibility of the Department Head and Supervisors to make all reasonable efforts to ensure that workplace harassment does not occur and that there is no retaliation for having made a good faith complaint in his or her department,. The Respondent; a) Assess your behaviour seriously, Understand that even if you did not intend to offend, your behaviour has been perceived as offensive.Be aware that the test of harassment is not whether you intended to offend,but whether a reasonable person ought to have known that the behaviour,comments or conduct were unwelcome. b) Cease the behaviour that the person finds offensive or unwelcome. Failure to cease this behaviour wilt leave you more vulnerable to a formal complaint,which could lead to disciplinary actions, c) If you believe the complaint is unfounded,discuss the matter with your supervisor and/or Department Head or Human Resources. d) You are entitled to know the allegations against you and to have an opportunity to respond, e) Document your version of the alleged incident including times,places,what happened and any witnesses. f) Cooperate with any investigation undertaken to resolve the matter, i E5 -Harassment Page I of 7 16-25 ATTACHMENT NO. 5 TO rT REPORT LGL-0010-13 Corporate Policy . Leading the Way POLICY TYPE: Operational SUBSECTION: Communication/Customer Services POLICY TITLE: Freedom of Information &Protection of Privacy POLICY#: F8 POLICY APPROVED BY: Chief Administrative Officer EFFECTIVE DATE: April 30,2007 REVISED: April 16,2013 APPLICABLE TO: All Employees 1. Purpose: To provide a corporate program for access to information and protection of privacy, particularly on how the Municipal Freedom of Information and Protection of Privacy Act (the Act)applies to information in the possession of the Municipality of Clarington. 2. Objective: The objective of this policy is to: 1. Ensure that information is made available to the public and necessary exemptions from the right of access are limited and specific. 2. Identify roles and assign responsibility regarding the use and disclosure of corporate information. 3. Commit to protecting the privacy of individuals with respect to personal information about themselves held by the Municipality and to provide individuals with the right of access to their information. 4. Establish guidelines for processing requests for information within the timeline restrictions imposed by the Act. 5. Communicate offences and liabilities as stated in the Act. 3. Definitions: I. FOI Co-ordinator—For the purposes of this policy and related procedures, the Municipal Clerk is designated as the FOI Co-ordinator. 2. Council—For the purposes of this policy and related procedures,the terms Council, Councillor, Member of Council and Council Member shall include Mayor.1 As recommended by the Information and Privacy Commissioner 16-26 F8 —Freedom of Information&Protection of Privacy Page 1 of 6 Coipo ate Policy LeaIding the Way 3. Head—For the purposes of the Act,the Head is the Mayor. The powers and duties of the Head have been delegated to the FOI Co-ordinator,however,the Head still remains accountable for actions taken and decisions made under the Act. 4. Information and Privacy Commissioner—The Information and Privacy Commissioner is appointed by the Lieutenant Governor in Council. The Commissioner is an officer of the Legislature and is independent of the government. The Commissioner hears appeals of decisions made by Heads of institutions, issues binding orders, conducts privacy investigations, and has certain powers relating to the protection of personal privacy. 5. Personal information - as defined in the Act, means recorded information about an identifiable individual, including, (a) information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual, (b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved, (c) any identifying number, symbol or other particular assigned to the individual, (d) the address, telephone number, fingerprints or blood type of the individual, (e) the personal opinions or views of the individual except if they relate to another individual, (f) correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence, (g) the views or opinions of another individual about the individual, and (h) the individual's name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual. 6. Sensitive Information—means privileged or proprietary information that only authorized people are allowed to see which includes but is not limited to personal information and that is therefore not accessible to everyone. i.e. personal or confidential information. 7Record—Any information,however recorded, whether in printed form, on film, by electronic means or otherwise, and includes correspondence,memoranda, books, plans, 16-27 F8 —Freedom of Information&Protection of Privacy Page 2 of 6 _g Corporate Policy Leadin the Way maps, drawings, diagrams,pictorial or graphic works, photographs,films, microfilms, sound recordings, videotapes, machine-readable records. 8. Request, Formal—A request for access to or copies of a record which is submitted in writing detailing the requested records, is dated and signed by the requester. This type of request should be received only after the informal request has been denied. 9. Request, Informal—A verbal request for access to or copies of a record. May also be referred to as an over-the-counter or routine request. All requests should begin informally and requesters should only formally submit a request as a last resort. 10. Routine Disclosure—The routine or automatic release of certain types of administrative and operational records in response to informal rather than formal requests. 4. Responsibilities: Councillors—General Information Councillors may have a right of access to certain types of information that would not be available to the general public if they require the information in their capacities as members of council in order to carry out duties related to that function. Council members seeking access to information that is not ordinarily available to the public should direct their request to the appropriate department head. The department head, together with the Municipal Clerk, will review the information to ensure that disclosure of information to the councillor is in accordance with legislative requirements. Depending on the nature and type of information requested, the information provided to Councillors may be stamped"CONFIDENTIAL". In these circumstances, the information in question is considered to be confidential and the council member is prohibited from releasing the information in any format, without the express authorization of council. The same is true for information provided to councillors in preparation of closed council or committee meetings. There may be circumstances in which a councillor,who is not acting within his or her official capacity as member of council,requests access to information. The Councillor may submit a formal request under the Act. In this case, the councillor has the same status as any member of the public when requesting this information, and staff will apply the Act in the normal manner to determine whether access may be granted. Councillors—Personal Information Where a councillor, acting in the capacity of member of council seeks access to personal information of a third party(e.g., an employee or a constituent), he or she may only obtain the personal information if disclosure is specifically authorized under section 32 of the Act. Examples of authorized disclosure are: 16-28 F8 —Freedom of Information&Protection of Privacy Page 3 of 6 l_ r. ' ' 'a E Corporate Policy Leading the Way 1. With consent of the individual; 2. In compelling circumstance affecting the health or safety of an individual; 3. In compassionate circumstances, to facilitate contact with the next of kin or a friend of an individual who is injured, ill or deceased; or 4. Where disclosure to council as a whole (i.e., in council or committee meetings) or to the individual councillor is required to fulfil a duty as an officer under the Municipal Act or other legislation. Councillors who have received access to personal information or other confidential information in the performance of their duties have a responsibility to protect this information while it is in their possession. Councillors must, therefore, ensure that the privacy of the individual to whom the information relates is protected at all times, and must keep the information physically secure so as to avoid unauthorized disclosure or destruction. A Councillor's Own Records The provisions of the Act cover records that are in the custody or under the control of the Municipality of Clarington. This includes information created by a third parry that has been provided to, or obtained by,the Municipality. Councillors' records are considered personal records that are not subject to the Act where they are not related to the discharge of the councillor's responsibilities as a member of council or to some aspect to council's mandate and they are not in the custody or control of the municipality. There are factors used to determine issues of custody or control. Even records relating to constituency matters may be accessible if a consideration of the factors leads to the conclusion that they are in the custody or control of the institution. Chief Administrative Officer and Department Heads 1. Actively support the FOI policy. 2. Understand the policy and the principles of the Municipal Freedom of Information and Protection of Personal Privacy Act. 3. Forward formal requests for information which are not common to their usual course of business to the FOI Co-ordinator. 4. Work closely with the FOI Co-ordinator in the processing of the•formal requests to ensure compliance within legislated time requirements. FOI Co-ordinator 1. Maintain a thorough knowledge of the FOI Policy and information request procedures. 16-29 F8 —Freedom of Information&Protection of Privacy Page 4 of 6 Corporate Policy ' Leadh g the Way 2. Receive requests and co-ordinate these requests with Department Heads to comply with legislated time requirements. 3. Communicate with requesters to clarify requests, issue notices and respond to enquiries. 4. Communicate with Commissioner's Office to respond to enquiries and seek clarification and direction regarding appeals. 5. Seel-,legal advice from the Solicitor respecting disclosure decisions, as required. 6. Make decisions relative to record disclosure. 7. Determine or Waive fees in accordance with Regulations. S. Conduct FOI training and orientation. 9. Develop and maintain inter-departmental procedures relative to the FOI Policy. 5. Social Media Requirements A Municipal social media account is not considered a municipal Web site, but does represent our presence on a social media Web site hosted by a third-party service provider. The Municipality is committed to protecting an individual's privacy while ensuring that the appropriate access rights are in place by efficiently and effectively managing our municipal information holdings. • Any information shared within Municipal.social media accounts is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act and/or a legal discovery requests. This.means that the social media information may be accessed and disclosed in response to a request under the act or a legal proceeding. • To protect your own privacy and the privacy of others, employees shall not include personal information in your comments or any other content you post within a Social Media account registered to the Municipality. Personal information includes home addresses and telephone numbers, photographs containing images of identifiable individuals, and any other information consisting of personal information as defined within this document. Should you have any questions about any information privacy or access rights, as explained in this protocol, please contact the Municipal Clerk. 16-30 F8 —Freedom of Information& Protection of Privacy Page 5 of 6 Corporate Policy Leading the Way 6. Procedures General Every person(including Corporations)has the right to request records under the custody and control of the Municipality. The Municipality is not obligated to create a record in response to a request and the Municipality has no right to question the purpose of the request. The Act provides that information available to the public before the Act came into force must continue to be available, except personal information. Routine disclosure or usual "over- the-counter"responses to inquires should continue outside the procedures set out. Access Procedure Informal Request—Where possible,requests should be handled through the informal request process. Regardless of where or how a request is submitted, staff shall direct the request to the area of responsibility respecting the requested information. The employee is to dialogue with the requester to discuss the nature of the request and the type of record at issue with a view to determine whether the matter should be handled informally or by means of a formal request under the Act. Typically, if the request is simply for information or for an answer to a question, no specific record is desired. If a specific record sis requested,the employee shall verify that the record qualifies for routine disclosure. Otherwise, the requestor is directed to the complete a formal Application for Access/Correction of Records. Formal Request—Once it has been determined that a formal request is needed, an Application for Access/Correction of Records is to be completed. The application is available through the Municipal Clerk's Department and on the Municipality's website ()vvwu.clarington.net). All formal requests are forwarded to the FOI Co-ordinator who will contact the necessary Department Head to arrange for collection of records pursuant to the scope of the request. The FOI Co-ordinator is responsible for determining disclosure. Where it is anticipated or understood that the records may be considered solicitor-client privilege,the FOI co- ordinator shall contact the solicitor for legal advice. The FOI Co-ordinator shall issue a Notice of Decision and any other required Notice to the requestor. 16-31 F8 —Freedom of Information&Protection of Privacy Page 6 of 6 ATTACHMENT NO. 6 TO REPORT LGL-0010-13 Corporate Policy- . ,LCallillg tt1E �'Y(1� POLICY TYPE: Operational SUBSECTION: Building/Grounds/Parking/Egiiipment—Access &Use POLICY TITLE: Use of Corporate Resources for EIection Purposes POLICY 9: F110 POLICY APPROVED BY: Council EFFECTIVE DATE: January 27,2010 REVISED: January 27,2010 APPLICABLE TO:. All Einployees 1.Purpose: To clarify that Candidates are required to follow the provisions of the Municipal Elections Act, 1996 and that: a No Candidate shall use the facilities, equipment, supplies, services, staff or other resources of the municipality(including Councillor newsletters and Councillor budgets)for any election campaign or campaign related activities. e No Candidate shall undertake campaign-related activities on Municipal property, except as otherwise provided for in Section 2(g) of Policy F5—Political Activities. o No Candidate shall use the services of persons during hours in which those persons receive any compensation from the Municipality of Clarington. 2.Policy: a) Corporate resources and funding ma y not be used for any election-related purposes; b) Staff may not undertake political activities(as defined in Policy F5) or as they relate to support of a position on any by-law or question being placed on a ballot, in the workplace; c) Candidates may not use any municipal or any municipally-provided facilities for any election-related purposes, which includes displaying of any campaign related signs in the window or on the premises, as well as displaying any election-related material in the office; d) In any material printed or distributed by the Municipality of Claiington,Members of Council are not permitted to: i, Illustrate that an individual (either a Member of Council or any other individual)is a candidate registered in any election; ii. Identify,where they will be running for office; or iii. Profile or make reference to candidates in any election. F 110—Use of Corporate Resources for Election Purposes Page 1 of 2 16-32 Coipora'te Policy Leading the Way e) Members of Council are responsible to ensure that the content of any communications material,printed, hosted or distributed by the Municipality of Clarington, is not election- related; f) Web sites or domain names that are funded by the Muncipality may not include any election-related campaign material, g) The Municipality of Clarington's voicemail system may not be used to record election- related messages; h) The Municipality of Clarington's computer system (hardware, software and network) may not be used to record or distribute election-related messages; i) The following may not be printed.or.distributed on any election materials or included in any election campaign related website: i, reference to any ofthe Municipality of Clarington's email addresses; telephone numbers or facility addresses or municipally-funded facility addresses; or ii. the Municipality of Clarington's logo,crest,coat of•arms,slogan, etc.; Exception: a link to the Municipality's election website is permitted for the purpose of providing information about the election/ 3) Photographs produced for and owned by the Municipality of Clarington may not be used for any election purpose;and k) The Municipal Clerk, or designate, shall be responsible for enforcement of this Policy. Limita Lion: Nothing in this Policy shall prohibit Members of Council from performing their duties as sitting Members or interfere with their representing the interests of our residents, Implementation: This policy shall become effective immediately upon adoption by Municipal Council, 3.Appendices: None Fl 10—Use of Corporate Resources for Election Purposes Page 2 of 2 16-33 UNFINISHED BUSINESS ciffboon REPORT MUNICIPAL CL DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE r Date: October 28, 2013 Resolution#: By-law#: Report#: Addendum to File#: Report CLD-027-13 Subject: NOMINATION PROCESS —VERIDIAN CORPORATION AND VERIDIAN CONNECTIONS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report CLD-027-13 be received; 2. THAT Report CLD-027-13 be received; 3. THAT the procedure for nominations to and the replacement of directors on the Veridian Corporation and the Veridian Connections Inc. Boards, as outlined in Attachment No. 2 to Addendum to Report CLD-027-13, be approved; and 4. THAT all interested parties listed in Addendum to Report CLD-027-13 be advised of Council's decision. Submitted by: Reviewed by: C P tti ar , CMO Franklin Wu, Munici Clerk Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 18-1 REPORT NO.: Addendum to Report CLD-027-13 PAGE 2 1.0 BACKGROUND At the General Purpose and Administration Committee meeting of October 7, 2013, Report CLD-027-13 was referred back to staff for a further report on a procedure for the appointment or replacement of non-elected members to the Veridian Corporation and Veridian Connections Inc. Boards, including the process of split-terms of Council members. A copy of Report CLD-027-13 is included with this report as Attachment No. 1. 2.0 SHAREHOLDERS' AGREEMENT As stated in Report CLD-027-13, the Shareholders' Agreement (the Agreement) between the Town of Ajax, the City of Pickering, the City of Belleville, Veridian Corporation, Veridian Connections Inc. and the Municipality of Clarington dictates that the Veridian Corporation Board consists of 14 directors, of which 3 are nominated by the Municipality of Clarington. These 3 directors are to be the Mayor or the Mayor's Designate, and members of Council provided that at least one of the nominees-is not a member of Council. Although not stated in the Agreement, should it be Council's desire, the term for the member of Council may be split such that one councillor serves for the first two years of the four-year term and another councillor serves for the last two years of the four-year term. In seeking applications for the non-elected position, Veridian places an advertisement in the local newspapers and on the shareholders' websites. These applicants are interviewed by a consultant and recommendations are made to Veridian's Nominating Committee. Once the Nominating Committee approves the consultant's recommendations,the Nominating Committee's recommendation together with the resumes of all applicants, is forwarded to each Shareholder for their nomination to be made. The Agreement also addresses the issue of director replacement on the Veridian Corporation Board, stating that any initial Shareholder may replace any director nominated by it at any time during the term of the Agreement and shall nominate a new member to the Board as appropriate to replace the removed member. Once the Veridian Corporation Board is appointed, they make appointments to the Board of Veridian Connections Inc., without requesting nominations from each of the Shareholders. More details related to these processes are contained in Report CLD-027-13, attached. 18-2 REPORT NO.: Addendum to Report CLD-027-13 PAGE 3 3.0 CLARINGTON'S PROCESS OF APPOINTMENTS TO BOARDS AND COMMITTEES In 2011 the Municipal Clerk's Department submitted a report to the General Purpose and Administration Committee with a detailed process of nominations and voting for the members to sit on the various boards and committees that are appointed by Council. In consideration of this matter, Council determined to keep the appointment process as it had been in the past, ie, all applications forwarded to Council and a motion coming forward to nominate the various individuals to be voted on. It is recommended that this process remain for the nominations to the Veridian Corporation Board and the Veridian Connections Inc. Board. 4.0 CONCURRENCE This report has been reviewed by the Director of Corporate Services and the Municipal Solicitor who concur with the recommendations. 5.0 CONCLUSION Based on the process of nomination of members of the Veridian Corporation Board specifically addressed in the Shareholders' Agreement and the information contained in Report CLD-027-13, it is recommended that the process currently being followed for the nominations to the Veridian Corporation Board remain unchanged but that Council provide a recommendation for the nomination to the Corporation Board for the Director to represent Clarington on the Veridian Connections Inc. Board. A detailed procedure is included as Attachment No. 2. The process for the replacement of directors is specified in Section 3.2 (c) of the Agreement. The procedure attached hereto outlines the process which Council will follow, in accordance with the Agreement, should it be necessary for a director to be replaced. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Attachments: Attachment No. 1 — Report CLD-027-13 Attachment No. 2 — Procedure Re The Board of Directors of Veridian Corporation and Veridian Connections Inc. List of interested parties to be advised of Council's decision: Veridian Corporation 18-3 Addendum to Report CLD-027-13 Attachment 1 Clarftwn REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 7, 2013 Resolution#: By-law#: Report#: CLD-027-13 File#: Subject: NOMINATION PROCESS —VERIDIAN CORPORATION AND VERIDIAN CONNECTIONS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-027-13 be received; 2. THAT the procedure for nominations to and the replacement of directors on the Veridian Corporation and the Veridian Connections Inc. Boards, as outlined in Attachment No. 1 to Report CLD-027-13, be approved; and 3. THAT all interested parties listed in Report CLD-027-13 be advised of Council's decision. Submitted by: Reviewed by: Pat rrie, CMO Franklin Wu, Mun'cinoal.Clerk Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 18-4 REPORT NO.: CLD-027-13 PAGE 2 1.0 BACKGROUND At the Council meeting held on April 15, 2013, the following recommendation of the General Purpose and Administration Committee (GPA) was approved: "WHEREAS the Municipality of Clarington is a shareholder of Veridian Corporation Inc.; AND WHEREAS Veridian Connections Inc. is a wholly owned subsidiary of Veridian Corporation Inc.; AND WHEREAS the Mayor of the Municipality of Clarington, one elected representative from Clarington Council, and two non-elected representatives have represented Clarington on the Boards of Veridian Corporation and Veridian Connections Inc.; AND WHEREAS the Veridian Connections Inc. Board of Directors is appointed by the Veridian Corporation Inc. Board; AND WHEREAS Veridian Corporation Inc. and Veridian Connections Inc. need independent directors with experience in regulatory affairs, human resources/executive compensation, legal, board governance, senior management, and electrical utility distribution; NOW THEREFORE BE IT RESOLVED: THAT, for any future nominations for the Municipality of Clarington to the Veridian Connections Inc. Board of Directors, one of the nominees from the Municipality of Clarington shall be a non-elected resident of Clarington, which nominee shall be voted on by the Council of the Municipality of Clarington in an open and transparent process consistent with Clarington's process for the appointment of community members to boards, and which nominee shall not be the same person who is the non-elected director for Clarington on the Veridian Corporation Inc. Board of Directors; and THAT, for any future nominations for the council representative of the Municipality of Clarington to the Veridian Connections Inc. Board of Directors, in the event that the Mayor of the Municipality of Clarington does not sit on the Board of Directors of Veridian Connections Inc., the nominee for the Council representative position shall be the same member of the Council of the Municipality of Clarington that was appointed to the Board of Directors of Veridian Corporation Inc." Subsequent to this resolution being passed, the following GPA recommendation was approved on April 29, 2013: 18-5 REPORT NO.: CLD-027-13 PAGE 3 "THAT the Municipal Clerk be directed to prepare a procedure in accordance with Resolution #GPA-239-13 for the open and transparent process for the nomination by Council of a community member to the Veridian Corporation Board, and the Veridian Connections Inc. Board, and any request by Council for the removal of a community member from the Veridian Corporation Board, and the Veridian Connections Inc. Board." 2.0 SHAREHOLDERS' AGREEMENT 2.1 Veridian Corporation Board of Directors The Municipality of Clarington entered into a Shareholders'Agreement (the Agreement) between the Town of Ajax, the City of Pickering, Veridian Corporation and Veridian Connections Inc. in November 1999, In September 2001, Belleville Utilities merged with Veridian Corporation and the City of Belleville became a party to the Agreement. 2.2 Shareholder Action In accordance with section 3.2 (a) of the Agreement, each of the Shareholders agrees to elect as members of the Veridian Corporation Board of Directors the nominees put forward by each other Shareholder from time to time in accordance with the provisions of the Agreement. 2.3 The Board and Subsidiary Boards In accordance with the Agreement, section 3.2 (b), the business and affairs of Veridian Corporation are managed or supervised by the Board which consists of 14 directors. The Municipality of Clarington shall nominate 3 of these directors. Section 3.2 (d) states that each Shareholder shall nominate the Mayor or the Mayor's. Designate as one of the Shareholder's nominees to.the Board, provided that if the Mayor ceases to hold the office of Mayor, the appointing Shareholder shall forthwith replace the Mayor or the Mayor's Designate, as applicable. Each Shareholder shall nominate to the Board.members,of its council provided that at least one nominee of each Shareholder shall not be a member of council. Qualifications of candidates for the Board shall, where possible, include the following; i) Business experience; ii) Time availability; iii) Financial skills; iv) Marketing skills; v) Industry knowledge; vi) Independence of judgment; vii) Integrity; viii) Knowledge of public policy issues relating to the Corporations; and 18-6 REPORT NO.: CLD-027-13 PAGE 4 ix) Knowledge and experience concerning environmental matters, labour relations and occupational health and safety issues. 2.4 Director Replacement Section 3.2 (c) of the Agreement deals with replacing directors of the Veridian Corporation Board and states that any initial Shareholder may replace any director nominated by it at any time during the term of the Agreement and shall nominate a new member to the Board as appropriate to replace the removed member. 2.5 Nominating Committee In accordance with Section 3.3 (b) of the Agreement, the Veridian Corporation Board appoints members to the Nominating Committee whose purpose it is to make recommendations to the Shareholders concerning candidates for the Board and the compensation for members of the Board, the Chair, Vice-Chair and Board Committee members and chairpersons. 2.6 Veridian Connections Inc. Board Technically, the Municipality of Clarington has no authority to make any nominations to the Veridian Connections Inc. Board. At the Inaugural meeting of the Veridian Corporation Board, the Chair and Vice-Chair of the Board are elected from the newly appointed directors and the Corporation Board makes its appointments to the Board of Veridian Connections Inc. Clarington has never made recommendations for nominations to the Board of Directors of Veridian Connections Inc. Board. 3.0 NOMINATION PROCESS The term for the Board, which has been determined by the Shareholders, is consistent with the term of Council. In the fall of each election year, Veridian places advertisements in the local newspapers and on the Shareholders' websites seeking candidates to serve on the Board of Directors for Veridian Corporation and Veridian Connections Inc. Resumes are forwarded directly to Veridian. In 2010, a consulting firm was engaged to interview interested candidates and make recommendations to the Nominating Committee. Once approved by the Nominating Committee, the recommendations were submitted to the various Shareholders, with a request that each Shareholder make their nominations to the Veridian Corporation Board of Directors, in accordance with the Agreement. 18-7 REPORT NO.: CLD-027-13 PAGE 6 Because of the notification deadline of mid-December, Clarington's nominations to the Board are considered at the Inaugural Meeting of Council. The recommendations of the Nomination Committee are distributed to all members of Council, confidentially, for their consideration at,that meeting. 4.0 OTHER SHAREHOLDERS In discussion with the other municipal Shareholders (Ajax, Pickering and Belleville) it has been determined that they follow the same process as Clarington, with one exception. The Town of Ajax makes their nomination to the Board of Directors for Veridian Corporation in the same manner in which Clarington does, but they also provide a recommendation for their preferred nomination.for the Board of Veridian Connections Inc. This individual is chosen from the recommendations of the Nominating Committee for the Veridian Corporation Board. In providing this recommendation, Ajax is fully aware that the Veridian Corporation Board makes the appointment to the Veridian Connections Inc. Board and that they are not obligated, in any way, to approve the nomination from the Town. The recommendations that have been put forward have, however, always been appointed to the Veridian Connections Inc. Board by the Corporation Board. 5.0 MUNICIPALITY OF CLARINGTON'S PROCESS OF BOARD/COMMITTEE APPOINTMENTS The Municipality appoints community members to 'a number of boards and committees, for a term consistent with the term of Council. In the fall of an election year, the Municipal Clerk's Department places an advertisement in the local newspapers and on the'Municipality's website seeking applications from individuals interested in filling the positions on the various boards/committees. Once received, the Municipal Clerk's Department prepares a report to the General Purpose and Administration Committee (GPA), providing a listing of all individuals who have applied and attaching their completed applications confidentially. The report is considered during the public portion of the GPA meeting. Should the members of Council wish to discuss specific qualifications about an identifiable individual(s), they do so in closed session, in accordance with the Municipal Act. 6.0 CONCURRENCE This report has been reviewed by the Director of Corporate Services and the Municipal Solicitor who concur with the recommendations. 18-8 REPORT NO.: CLD-027-13 PAGE 6 7.0 CONCLUSION The process of nomination of members of the Veridian Corporation Board is specifically addressed in the Shareholders' Agreement. This process is similar to the Municipality of Clarington's process of appointments to boards/committees in that an advertisement is placed seeking interested individuals and that the nominations are considered by Council at an open meeting. The process differs in that the applicants are interviewed, with recommendations being forwarded to Council, and the fact that the Corporation Board makes the nomination to the Veridian Connections Inc. Board, without input from Council. It is therefore recommended that the process currently being followed for the nominations to the Veridian Corporation Board remain unchanged but that Council provide a recommendation for the nomination to the Corporation Board for the Director to represent Clarington on the Veridian Connections Inc. Board. The process for the replacement of directors is specified in Section 3.2 (c) of the Agreement. The.procedure attached hereto outlines the process which Council will follow, in accordance with the Agreement, should it be necessary for a director to be replaced. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Attachments: Attachment No. 1 — Procedure Re The Board of Directors of Veridian Corporation and Veridian Connections Inc. List of interested parties to be advised of Council's decision: Veridian Corporation 18-9 Attachment 1 To Report CLD-027-13 PROCEDURE RE THE BOARD OF DIRECTORS OF VERIDIAN CORPORATION AND VERIDIAN CONNECTIONS INC. A. NOMINATIONS TO THE BOARDS OF DIRECTORS 1, In December of an Election Year, Veridian places advertisements in the local newspapers and on the Shareholders' websites seeking candidates to serve on the Board of Directors for Veridian Corporation and Veridian Connections. Once these applications are received, Veridian's Nominating Committee will make recommendations to each of their Shareholders for the Councils to make their I nominations to the Board of Directors for Veridian Corporation. Once these nominations are made, and a formal election has taken place, the Board of Directors of Veridian Corporation elects members to the Board of Directors of Veridian Connections Inc. 2. ,Upon receipt of the report of the Nominating Committee, the Municipal Clerk's Department will reproduce the report for distribution, confidentially, to the Members of Council together with the agenda for the Inaugural Meeting of Council. 3. The matter will be considered by Council during the Inaugural Meeting with a motion coming forward to: (a) Nominate three individuals to the Veridian Corporation Board of Directors as follows: 18-10 - 2 - Attachment 1 To Report CLD-02713 i) The Mayor or the Mayor's Designate ii) One member of Council iii) One non-elected representative. (b) Request that the Veridian Corporation Board nominate and elect to the Veridian Connections Inc. Board of Directors, two individuals (based on the current number of directors of the Veridian Connections Board) as follows: i) Either the Mayor, the Mayor's Designate, or the member of Council who is nominated to the Veridian Corporation Board of Directors; and ii) One non-elected representative, who shall not be Clarington's non-elected nomination to the Veridian Corporation Board of Directors. (In making the recommendations for nominations to the Veridian Connections Board of Directors, Council is aware that the Veridian Corporation Board is not obliged to appoint the nominees put forward by the Municipality.) B. REPLACEMENT OF DIRECTORS 1. VERIDIAN CORPORATION BOARD In accordance with Section 3.2 (c) of the Shareholders' Agreement, the Municipality of Clarington may replace any director nominated by it to the Board of Directors of Veridian Corporation at any time, Should this be necessary, a resolution of Council shall be passed removing the Director and nominating a new member to the Board to replace the removed Director. 18-11 - 3 - Attachment 1 To Report CLD-027-13 2, VERIDIAN CONNECTIONS BOARD Should it be Council's desire to replace a member of the Board of Directors of Veridian Connections Inc. who Clarington requested be nominated and elected to such Board, a resolution of Council shall be passed requesting that the Veridian Corporation Board of Directors remove the Director and nominate and elect a new member to the Board to replace the removed Director. 18-12 Addendum to Report CLD-027-13 Attachment 2 council Nominations to Veridian corporation and Veridian connections Inc. Boards 1.0 PURPOSE: To establish an open and transparent process for the nomination by Council of members to the Veridian Corporation Board and the Veridian Connections Inc. Board and any request by Council for the removal of a member from the Veridian Corporation Board and the Veridian Connections Inc. Board. 2.0 PROCEDURES: 2.1 Application a) In the fall of the last year of the term of council, Veridian will advertise in the local newspapers and on the Shareholders' websites seeking candidates to serve on the Board of Directors for Veridian Corporation and Veridian Connections Inc. for a four-year term, as determined by the Shareholders. All applications will be submitted directly to Veridian Corporation. b) Once the applications have been received and reviewed by Veridian's consultant who has been contracted to receive and review applications for nominations, Veridian's Nominating Committee shall make recommendations to each of their Shareholders for the councils to make their nominations to the Board of Directors for Veridian Corporation. c) Upon receipt of the report of Veridian's Nominating Committee, the Municipal Clerk's Department will reproduce the report for distribution, confidentially, to the Members of Council together with the agenda for the Inaugural Meeting of Council. The agenda is published in accordance with the Municipality's Procedural By-law. d) The matter will be considered by Council during the Inaugural Meeting. Should members of Council wish to discuss specific qualifications about an identifiable individual, the meeting will be "closed" in accordance with the Municipal Act. Once Council is back in "open" session, a motion will come forward to: Page 1 of 4 18-13 i) Nominate three individuals to the Veridian Corporation Board of Directors as follows: a. The Mayor or the Mayor's Designate; b. One member of Council (Should Council so desire, the term of the appointment for the member of Council may be split, ie, one councillor nominated for the first two years of the four-year term and a second councillor nominated for the last two years of the four-year term); and c. One non-elected representative. ii) Request that the Veridian Corporation Board nominate and elect to the Veridian Connections Inc. Board of Directors, two individuals (based on the current number of directors of the Veridian Connections Inc. Board) as follows: a. Either the Mayor, the Mayor's Designate, or the member of Council who is nominated to the Veridian Corporation Board of Directors; and b. One non-elected representative, who shall not be Clarington's non-elected nomination to the Veridian Corporation Board of Directors. The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has not submitted their name for consideration. (In making the recommendations for nominations to the Veridian Connections Board of Directors, Council is aware that the Veridian Corporation Board is not obliged to appoint the nominees put forward by the Municipality.) e) The Municipal Clerk will advise Veridian Corporation of Council's decision. 2.2 Replacement of Directors 2.2.1 Veridian Corporation Board In accordance with Section 3.2 (c) of the Shareholders' Agreement, the Municipality of Clarington may replace any director nominated by it to the Board of Directors of Veridian Corporation at any time. Should this be necessary, a resolution of Council shall be passed removing the Director, in accordance with the Municipality's Procedural By-law. Page 2 of 4 18-14 2.2.1.1 Elected Representative a) If the removed director is a member of Council, a motion shall be passed to nominate a member of Council as a replacement director. b) The Municipal Clerk will advise Veridian Corporation of Council's decision. 2.2.1.2 Non-Elected Representative a) If the removed director is the non-elected representative, following the resolution to remove the director being passed, the Municipal Clerk will advise Veridian Corporation and the removed director of Council's decision. b) The Municipal Clerk shall request Veridian to undertake their process as outlined in subsection 2.1 a) to seek applications to fill the vacancy and make recommendations to Council for Clarington's nominee to the Veridian Corporation Board of Directors. c) Upon receipt of the report of Veridian's Nominating Committee containing the list of all applicants and the Nominating Committee's recommended Director, the Municipal Clerk's Department will include it on the next regularly scheduled Council meeting agenda, reproducing the report for distribution, confidentially, to the Members of Council together with the agenda. The agenda will be published in accordance with the Municipality's Procedural By-law. d) In consideration of the report from Veridian's Nominating Committee, should it be desirable to discuss specific qualifications about identifiable individuals, the meeting will be "closed" in accordance with the Municipal Act. Once the meeting is "open", a motion to nominate the non-elected representative will come forward. The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has not submitted their name for consideration. e) The Municipal Clerk will advise Veridian Corporation and the individual nominated of Council's decision. 2.2.2 Veridian Connections Inc. Board While, as noted earlier, the Veridian Corporation Board is not obliged to appoint the nominees put forward by the Municipality to the Board of Directors of Veridian Connections Inc., every attempt will be made to work with Veridian to implement the following process: Page 3 of 4 18-15 a) Should it be Council's desire to replace a member of the Board of Directors of Veridian Connections Inc., a resolution of Council shall be passed, in accordance with the Municipality's Procedural By-law, requesting that the Veridian Corporation Board of Directors remove the director. b) The Municipal Clerk will advise Veridian Corporation of Council's decision. If the director requested to be removed is the non-elected director, the Municipal Clerk will also request Veridian to commence their process as outlined in subsection 2.1 a) to seek applications to fill the vacancy and provide Clarington Council the opportunity for input prior to making the appointment. 2.2.2.1 Elected Representative a) Upon notification that the director has been removed, Council shall consider the matter at a regularly scheduled Council meeting and pass a motion to request Veridian Corporation to nominate and elect to the Veridian Connections Inc. Board of Directors the member of Council so nominated. b) The Municipal Clerk will advise Veridian Corporation of Council's decision. 2.2.2.2 Non-Elected Representative a) Upon notification that the director has been removed and receipt of the report from the Veridian Nominating Committee containing the list of all applicants and the Nominating Committee's recommended Director, the Municipal Clerk's Department will include it on the next regularly scheduled Council meeting agenda, reproducing the report for distribution, confidentially, to the Members of Council together with the agenda. The agenda will be published in accordance with the Municipality's Procedural By-law. b) In consideration of the report, should it be desirable to discuss specific qualifications about identifiable individuals, the meeting will be "closed" in accordance with the Municipal Act. Once the meeting is "open", a motion to nominate the non-elected representative will come forward. c) The Municipal Clerk will advise Veridian Corporation and the individual nominated of Council's decision and request that the Corporation Board make the appointment to the Veridian Connections Inc. Board. Page 4 of 4 18-16 • X111 n Leading the Way MEMO CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: October 25, 2013 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — OCTOBER 28, 2013 — UPDATE File: C05.GENERAL PURPOSE AND ADMINISTRATION Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, October 28, 2013: 6. DELEGATIONS See attached Final List. (Attachment#1) 8. PLANNING SERVICES DEPARTMENT (d) Further to Report PSD-062-13, please find attached correspondence from Bob Forrest, The Forrest Group, Regarding Report PSD-062-13, Applications for an Official Plan Amendment and Zoning By-Law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 7 Storey Seniors Apartment (Attachment#2) e G e(erftree, Depu y 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: October 28, 2013 (a) Dale Gibbons, Chair, Courtice Santa Claus Parade, Regarding the 1St Annual Courtice Santa Claus Parade (b) Chris Bobyk, the Forrest Group, Regarding Report PSD-062-13, Applications for an Official Plan Amendment and Zoning By-law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 7 Storey Seniors Apartment (c) Marie Cervenka Regarding Report PSD-062-13, Applications for an Official Plan Amendment and Zoning By-law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 7 Storey Seniors Apartment (d) Tim Johnston, Clarington Squash Club, Regarding Report CSD-010-13, Clarington Fitness Centre — Proposed Renovation ATTACHMENT# TO � Gallagher, June From: Crome, David Sent: Friday, October 25, 2013 3:47 PM To: Gallagher, June; Greentree, Anne Subject: FW: Bowmanville High School redevelopment- OPA/ZBA latest staff report Attachments: Newsletter—October.pdf This should go in the update memo as it was only sent to some councillors. David David Crome Director of Planning Services CLARINGTON PLANNING g X=7z's Before printing consider the environment THIS MESSAGE IS FOR THE USE OF THE INTENDED RECIPIENT(S)ONLY AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,PROPRIETARY,CONFIDENTIAL,AND/OR EXEMPT FROM DISCLOSURE UNDER ANY RELEVANT PRIVACY LEGISLATION, No rights to any privilege have been waived. If you are not the intended recipient,you are hereby notified that any review,retransmission,dissemination, distribution,copying,conversion to hard copy,taking of action in reliance on or other use of this communication is strictly prohibited. If you are not the intended recipient and have received this message in error,please notify me by return e-mail and delete or destroy all copies of this message. From: Bob Forrest [mailto:BobFor @bobfor.com] Sent: Friday, October 25, 2013 12:50 PM To: Chris Bobyk; Woo, Willie Cc: Hooper, Ron; Crome, David; MayorsExternalMailGroup; Novak, Mary; Irina Tsing; Nell Bacon Subject: RE: Bowmanville High School redevelopment- OPA/ZBA latest staff report Hello to all of you .......... I am Bob Forrest. The dream of creating a retirement continuum on this site in Bowmanville, is mine. So is the nearing $1m that has been expended to date, in a protracted approval process. I would like to distil this discussion to a very simple truth: If we cannot secure OPA and Zoning for both uses and both phases of this project, we will have expended more money for the land purchase and the approval, than the land is worth. Our financing will go south. We will be forced to withdraw. I will lose a big chunk of money. Bowmanville will lose much more. Unless I have completely misread the Bowmanville community, this is not what any of us want to see happen. Somehow, there is the impression that we will proceed on the basis of this report. We will not. We cannot. I don't want you to think I am being obdurate - just realistic. There isn't a lender in the country that would finance the community under such circumstances. If we want to move this community forward, we will defer COW consideration for a month, during which time Chris and I will come and meet with the decision makers and find a resolution which will be good for all of us. i The required uses entrenched in the OPA and the Zoning, are fundamental for us. Carefully crafted H conditions will give the Town and lenders the comfort required. To help you to understand us, I have attached our latest Renessa Newmarket newsletter, which focuses on its Topping Off ceremony. Renessa Newmarket is slated to open in spring 2014, and you see the level of enthusiasm that prevails. This is who we are. With Goodwill Bob From: Chris Bobyk Sent: October-25-13 10:47 AM To: Woo, Willie Cc: Hooper, Ron; Crome, David; mayor clarington.net; Novak, Mary; Irina Tsing; Bob Forrest; Neil Bacon Subject: RE: Bowmanville High School redevelopment- OPA/ZBA latest staff report Willie-to confirm I will be at the meeting Monday and have asked to appear as,a delegation in respect to this item thru the Clerk's office. Hope you have a nice weekend. Chris Bobyk From: Chris Bobyk Sent: Friday, October 25, 2013 10:34 AM To: Woo, Willie Cc: 'Hooper, Ron'; Crome, David; mayor clarinaton.net; Novak, Mary; Irina Tsing; Bob Forrest; Neil Bacon Subject: Bowmanville High School redevelopment- OPA/ZBA latest staff report Willie,further to our telephone call of yesterday-to confirm it is with disappointment after receipt of the staff report late yesterday regarding this subject that we will be asking for deferment of our application at the GPA meeting this coming Monday. I have asked thru the Clerk's office to make a deposition in this regard. It has come with surprise the recommended exclusion of the phase 2 building, use, units/density of this development from the OPA and ZBA.There has been no discussion to date on this position of exclusion but rather what was understood to be agreement on Holding conditions distinctive to each phase which were confirmed acceptable to the Region. We all know this has been a long process with the consultants involved and dialogue with the MOE/Region/Town/Veyance. We acknowledge the complexities involved in this application yet approval mechanics that were peer reviewed are available to accommodate phase 2 as part of the OPA/ZBA.The inclusion of the phase 2 building within the OPA and ZBA is integral to the projects feasibility from its start up which establishes a foundation or vision for the development as a community. We need to regroup with staff and I hope find a quick solution. Thanking you in advance for your consideration. Chris Bobyk, Director of Development The Forrest Group,590 Alden Road, Suite 211 , Markham, ON L3R 8N2 Tel:416 573 1776,Fax 905 752 6781 www.ForrestGroup.ca Land Development. Project Management,Planning.Design 2 Please consider the environment before printing this message. Simple Operating Instructions—No Special Tools Required 11 Treat others as you wish to be treated 21 Make no promises you cannot deliver,then deliver on your promises 31 Never make a deal you would not yourself accept 41 Acknowledge your errors This message(including attachments,if any)is confidential and is intended for the above-named recipient(s)only. If you have received this message in error, please notify me by return email and delete this message from your system. Any unauthorized use or disclosure of this message is strictly prohibited. 3 Renessa- NEWMARKET-ONTARIO NOTES Volume 1,Issue 3 October 2013 AN UPDATE ON NEWMARKET'S HOTTEST NEW RETIREMENT RESIDENCE Inside this Topping Off • Celebration! The Root is on! MeetRandy E Gerber The View From As u � , • tz p www.renessa.ca Upcoming Events - at Renessa - _ Renessa Family News Meet the Team! Our Family is starting to grow! October 29 We'd like you to meet the The Renessa Family continues to people who are building your blossom with 54 leases signed to future home. Tablet T • • date. session In every issue we will feature As the building grows, so too a member of our crew and does the excitement! showcase what they bring to November Renessa. This issue we'd like to introduce Wine bottling you to Randy Gerber! • • Tasting Read More on page 3 December NOTES Topping Off Celebration! The practice of "topping out" a new building can be �' ►" traced to the ancient Scandinavian religious practice of placing a tree on the top of a new building to appease the tree-dwelling spirits of their ancestors who had been displaced. The practice migrated to England with Scandinavian invaders and took root there. Transitioning to North America, this celebration has evolved to include such activities as having the construction crew sign the final beam in a steel building before it is hoisted to its place or having building owners J and dignitaries provide an imprint of their hands in a - cement block that is then placed in or on top of the - building. Renessa embraced this tradition with a celebration at the ever-growing building on September 18th, w r 2013. Leaseholders were invited to join the festivities including a photo-shoot inside the building dressed in Edwardian period costume and by creating their . . .. own clay handprint which will later be turned into an _ artpiece for the building. The weather was perfect as guests enjoyed punch,hors "M, d'oeuvres and delectable desserts expertly prepared by the Clock Tower Inn's Chef,Javier Nunez. ke OL A photo-shoot inside the building Three-piece band play from the 2nd floor terrace i " rr — 3 NOTES • dP The Roof is on.i ? On August 23rd the neighbours ? came out in droves to watch A the dismantling of the large crane that has been at the Feedback Question centre of Renessa Retirement Residence for over a year. This helped to signify that the Roof has been officially completed and all remaining construction will continue with the use of the temporary elevator at the west end of the building, Bricking is well underway and TRADITION? nearly all of the windows -are now installed. The size of the r crew working on our new home has increased to over 100 men send your answer to Shelley at shelley@renessa.ca to be entered into our on-site daily. random draw. We'll be giving away a different gift card with each edition of ZipNotes. Meet the team! Randy Gerber Randy grew up on a farm 2 kilometers from his current house and started working rs, and the last 7 construction when he was lb. Randy has been a site supervisor for 14 � p Y with Melloul Blamey,the construction company building Renessa.Randy has built schools, hockey arenas,office buildings,big box stores and a data centre.Randy has been married for 18yrs to the love of his life Jayne who teaches grade 3 and 4 in Waterloo. They live in a small bungalow in the country on 50 acres of land where Randy unwinds every night, 15 minutes east of Stratford. Randy and Jayne enjoy and treasure family and close friends. They have no kids but an 11 year old golden retriever named Denver who gets more attention than Randy! Randy enjoys driving his gator (side x side off road vehicle) cutting wood in the bush, gardening, cooking, camping, travel and sports. Randy loves to golf in the summer,plays hockey once a week in the winter and likes watching NHL hockey (his favourite team is Buffalo) and MLB baseball (he's caught 2 foul balls at Jays games!). From Randy; I have enjoyed my time in Newmarket and hope everyone enjoys the finished product. The location and design will leave people very impressed! I have enjoyed working with the Forrest Group,NGSI and of course our favourite lady Shelley,at the presentation centre,who always wears a smile! NOTES The View From Here. .. _f Do you prefer to watch the action on the street below or bird-watch in r the trees? Are you a sun-worshipper or prefer the shade? Do you like to •-• -` �' • ` gaze down from the top floor or keep - your feet firmly rooted to the ground? / Renessa has every angle covered and every view is spectacular. Here are samples of some of the amazing views from our suites: move On October 1st,we'd like to wish you • • Happy National 5o ' pay! riovJ. rep KOPELV A 11i R from all of your friends of Renes _ +•+ R NEWMARKET 905-853-6400 r www.renessa.ca • CiMEMO ding the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: October 28, 2013 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA— OCTOBER 28, 2013 — UPDATE File: C05.GENERAL PURPOSE AND ADMINISTRATION Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, October 28, 2013: 13. MUNICIPAL CLERK'S DEPARTMENT (a) Please be advised that there is a correction to Page 13-4 of the Agenda. David Reesor is incorrectly list as representing Ward 3 on the Clarington Heritage Committee. He represents Ward 2. We apologize for the confusion. i Anne reentr e, Deputy Clerk AG/jeg cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 r APPLICATION BY 562503 ONTARIO LIMITED TO PERMIT ONE ( 1 ) RESIDENTAL LOT ON THE NORTH SIDE OF ORMISTON STREET, EAST OF OLD SCUGOG ROAD, IN HAMPTON FILE NO. : ZBA 2013 - 0021 N Property Location Map(Hampton) � N `1 Q 0 Subject �.0 Site �G t C-1 ZBA 2013-0021 Zoning By-law Amendment O� Owner: 562503 Ontario Ltd. M Lol 3 Lot 2 r w LANEWAY 2 a J I I, Lott I < ©Lot'I Q� =Lot 2 -Lot 3 Retained ®Subject Lands -unopened Road Allowance Lots B To I Zoned RH-28 Hamlet Boundary ZBA-2017-0021 NOTICE PROPOSED LNG 8Y-LAW AMENDMENT 562503 ONTARIO LIMITED HAS SUBMITTED AN APPLICATION TO AMEND THE ZONING BY-LAW TO PERMIT THE CREATON OF ONE(1)RESIDENTIAL LOT. FILES:ZBA 2013-0021 ray""^erMOnnaaaa •.° PUBLIC MEETIN"p Ci A' - 633.3314 "°°��"w•v o• P.'1� N Property Location Map(Hampton) � N `1 Q 0 Subject �.0 Site �G t C-1 ZBA 2013-0021 Zoning By-law Amendment O� Owner: 562503 Ontario Ltd. f _..... r_.r^f Santa is Firs COMI Court['Ocef. fir tj G o r Dec tst sunday, De ----� -mOO pm Route: Nash Road C=am • Townline Rd• start. s ,d. George Reyr�o/ds Dr Interested in Participating, Volunteering or Sponsoring? _ Contact us at courticesantaclausparade @gmail.com call Dale at 905-436-9090 or Mary at 905-623-3379 ext. 2007 Access the Entry Form, Parade Fact Sheet, and Volunteer Form at j www.cbot.calcourticesantaclausparade Deadline for Entry Form submission is Friday, November 8th. r 4 Go 6 I Sunday, December st 126@00 pm Routes, Start : Townline Rd . End : George Reynolds Dr. More Information ' www.coot.ca/courticesantaclausparade Phone: Dale at 905-436-9090 / Mary at 905-623-3379 ext. 2007 -� courticesantaclausparade@gmail.com ----- Addendum to Report CLD-027-13 Attachment 2 Council Nominations. to Veridian corporation and Veridian connections Inc. Boards 1.0 PURPOSE: To establish an open and transparent process for the nomination by Council of members to the Veridian Corporation Board and the Veridian Connections Inc. Board and any request by Council-for the removal of a member from the Veridian Corporation Board and the Veridian Connections Inc. Board. 2.0 PROCEDURES: 2.1 Application a) In the fall of the last year of the term of council, Veridian will advertise in the local newspapers and on the Shareholders' websites seeking . candidates to serve on the Board of Directors for Veridian Corporation and Veridian Connections Inc. for a four-year term, as determined by -the Shareholders. All applications will be submitted directly to Veridian Corporation. .b) Once the applications have been received and reviewed by Veridian's consultant who has been contracted to receive and review applications for nominations, Veridian's Nominating Committee shall make recommendations to each of their Shareholders for the councils to make their nominations to the Board of Directors for Veridian Corporation. c) Upon receipt of the report of Veridian's Nominating Committee, the Municipal Clerk's Department will reproduce the report for distribution, confidentially, to the Members of Council together with the agenda for the Inaugural GP&A Meeting of Council. The agenda is published in accordance with the Municipality's Procedural By-law. d) The matter will be considered by Council during the Inaugural GP&A Meeting. Should members of Council wish to discuss specific qualifications*about an identifiable individual, the meeting will be "closed" in accordance with the Municipal Act. Once Council is back in "open" session, a motion will come forward to: Page 1 of 4 i) Nominate three individuals to the Veridian Corporation Board of Directors as follows: a. The Mayor or the Mayor's Designate; b. One member of Council (Should Council so desire, the term of the appointment for the member of Council may be split, ie, one councillor nominated for the first two years of the four-year term and a second councillor nominated for the last two years of the four-year term); and c. One non-elected representative. The name of the representative may be chosen from the submitted candidates list for the Corporation Board;position, or a member of the public who has submitted their name to the Municipality for consideration ii) Request that the Veridian Corporation Board nominate and.elect to the Veridian Connections Inc. Board of Directors, two individuals (based on the current number of directors of the Veridian Connections Inc. Board).as follows: a. Either (i) the Mayor provided that the Mayor is sitting on the Veridian Corporation Board; or (ii) the Mayor's Designate if the Mayor does not sit on the Veridian Corporation Board; or (iii) the member'of Council who is nominated to the Veridian Corporation Board of Directors; and b. One non-elected representative, who shall not be Clarington's non-elected nomination to the Veridian Corporation Board of Directors. The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has submitted their name to the Municipality for consideration. e) The Municipal Clerk will advise Veridian Corporation of Council's decision. 2.2 Replacement or Resignation of Directors 2.2.1 Veridian Corporation Board In accordance with Section 3.2 (c) of the Shareholders' Agreement, the Municipality of Clarington may replace any director nominated by it to the Board of Directors of Veridian Corporation at any time. Should this be necessary, a resolution of Council shall be passed removing the Director, in accordance with the Municipality's Procedural By-law. Page 2 of 4 2:2.1.1 Elected Representative a) If the removed director is a member of Council, a motion shall be passed to nominate a member of Council as a'replacement director. b) The Municipal Clerk will advise Veridian Corporation of Council's decision. 2.2.1.2 Non-Elected Representative a) If the removed director is the non-elected,representative, following the resolution to remove the director being passed, the Municipal Clerk will advise Veridian Corporation and the removed director of Council's decision. b) In the event of a replacement or if a director resigns, The Municipal Clerk shall request Veridian to undertake their process as outlined in subsection 2.1 a)'to seek applications to fill the vacancy and make recommendations to Council for Clarington's nominee to the Veridian Corporation Board of Directors, and it shall be advertised on the Municipality's web site. c) Upon receipt.of the report of Veridian's Nominating Committee containing the list of all applicants and the Nominating Committee's recommended Director, the Municipal Clerk's Department will include it on the next regularly scheduled GP&A meeting agenda, reproducing the report for distribution, confidentially,.to the Members of Council together with the agenda. The agenda will be published in accordance with the Municipality's Procedural By-law. The name of the representative may.be chosen from the submitted candidates list from Veridian, or a member of the public who has submitted their name to the Municipality for consideration d) In consideration of the report from Veridian's Nominating Committee, should it be desirable to discuss specific qualifications about identifiable individuals, the meeting will be "closed" in accordance with the Municipal Act. Once the meeting is "open", a motion to nominate the non-elected representative will comeforward. The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has not submitted their name for consideration. e) The Municipal.Clerk will advise Veridian Corporation and the individual nominated of Council's decision. 2.2.2 Veridian Connections Inc. Board i Page 3 of 4 i a) Should it be Council's desire to replace a member of the Board of . Directors of Veridian Connections Inc., a resolution of Council shall be passed, in accordance with the Municipality's Procedural By-law, requesting that the Veridian*Corporation Board of Directors remove the director. b) The Municipal Clerk will advise Veridian Corporation of Council's decision. If the director requested to be removed is the hon-elected director, or if there is a resignation, the Municipal Clerk will also request Veridian to commence their process as outlined in subsection 2.1 a), and it shall be advertised on the Municipality's web site to seek applications to fill the vacancy and allow Clarington Council the opportunity to nominate the candidate for the director position. 2.2.2.1 Elected Representative a). Upon notification that the director has been removed, Council shall consider the matter at a regularly scheduled Council meeting and pass a motion to request Veridian Corporation to nominate and elect to the Veridian�Connections Inc. Board of Directors the member of Council so nominated. b) The Municipal Clerk will advise Veridian Corporation of Council's decision. 2.2.2.2 Non-Elected Representative a) Upon notification that the director has been removed or resigned, and receipt of the report from the Veridian Nominating Committee containing the list of all applicants and the Nominating Committee's recommended Director, as well as any applicants'who have submitted their applications directly to the Municipality, the Municipal Clerk's Department will include it on the next regularly scheduled GP&A meeting agenda, reproducing the report for distribution, confidentially, to the Members of Council together with the agenda. The agenda will be published in accordance with the Municipality's Procedural By-law. b) In consideration of the report, should it be desirable to discuss specific qualifications about,identifiable individuals, the meeting will be "closed" in accordance with the Municipal Act. Once the meeting is "open", a motion to nominate the non-elected representative will come forward. c) The Municipal Clerk will advise Veridian Corporation and the individual nominated of Council's decision and request that the Corporation Board make the appointment to the Veridian Connections Inc. Board. Page 4 of 4