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Home My WebLink About11/25/2013 claringtoll Leading the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: November 25, 2013 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS AUDIO RECORD: The Municipality of Clarington makes an audio record of General Purpose and Administration Committee meetings. If you make a delegation/presentation to a General Purpose and Administration Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. 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 November 4, 2013 4-1 5. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law 84-63 and Draft Plan of 5-1 Subdivision Applicant: 2265719 Ontario Inc., 2084165 Ontario Limited and Kirk C. Kemp Report: PSD-065-13 (b) Application to Amend the Zoning By-law 84-63 5-3 Applicant: Gwendolyn Thiele, 1361189 Ontario Ltd./Claret Report: PSD-066-13 (c) Application to Amend the Zoning By-law 84-63 and Draft Plan of 5-5 Subdivision Applicant: Pollux Developments Inc. Report: PSD-067-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. &A. Agenda - 2 - November 25, 2013 6. DELEGATIONS (Draft List at Time of Publication —To be Replaced with Final 6-1 List) (a) Scott Ebenhardt & Christine Albee, Canadian Diabetes Association, Regarding Clothing Donation Bins 7. PRESENTATIONS No Presentations 8. PLANNING SERVICES DEPARTMENT (a) PSD-065-13 Applications to Amend Draft Approved Plan of Subdivision 8-1 and Rezoning to Permit Additional Lots with 11.3 Metres Frontage Applicant: 2265719 Ontario Inc., 2084165 Ontario Limited and Kirk C. Kemp. (b) PSD-066-13 An Application to Rezone Lands to Allow for the Creation 8-8 of 13 Single Detached Residential Lots Applicant: Gwendolyn Thiele, 1361189 Ontario Limited & Claret Investments Limited (c) PSD-067-13 Proposed Draft Plan of Subdivision and Rezoning to 8-16 Permit a 114 Unit Residential Development Applicant: Pollux Developments Inc. (d) PSD-068-13 Declaration of Surplus Property 8-25 Parts 2 and 3, Reference Plan 40R-22242 Darlington Boulevard, Courtice (e) PSD-070-13 Request for Council Support Resolutions Under Green 8-29 Energy Act: Roof-Top Solar Fit Projects at 4532 Hwy. 2 and 9 Newtonville Mill St., Newtonville (f) PSD-071-13 Street Name Changes in the Clarington Energy Business 8-37 Park and South Service Road (g) PSD-072-13 Noise Fence for Lots on West Side of Vivian Drive 8-43 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-035-13 Bowmanville Municipal Identification Display 9-1 10. OPERATIONS DEPARTMENT No Reports G.P. & A. Agenda - 3 - November 25, 2013 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12. COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-031-13 2014 Municipal Elections - Advance Voting Opportunities 13-1 14. CORPORATE SERVICES DEPARTMENT (a) COD-029-13 Valleys 2000 Bowmanville Creek Fish By-Pass Channel 14-1 15, FINANCE DEPARTMENT' (a) FND-017-13 Investment Policy 15-1 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS None 19. OTHER BUSINESS 20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS (a) PSD-069-13 Newcastle Fire Hall, 247 King Avenue East In Newcastle 22. ADJOURNMENT Clarinton Leading C14 Nay General Purpose and Administration Committee Minutes November 12, 2013 Minutes of a meeting of the General Purpose and Administration Committee held on Tuesday, November 12, 2013 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Councillor R. Hooper Councillor M. Novak (until 3:19 p.m.) Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Absent: Mayor A. Foster Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Councillor Novak chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Hooper announced the following upcoming events: • 52nd Annual Bowmanville Santa Claus Parade on Saturday, November 16, 2013. • Grand Opening of the Rock Bottom Flooring and Kitchen Design Centre on Saturday, November 16, 2013 between 12:00 to 4:00 p.m., at 151 Wellington Street, Bowmanville. - 1 - 4-1 General Purpose and Administration Committee Minutes November 12, 2013 Councillor Partner announced the following upcoming events: • Orono Cafe's 7th Anniversary is being celebrated with a fundraising Prime Rib Dinner on Friday, November 15, 2013 with proceeds to the Bowmanville Hospital. • 3`d Annual Jackie Kent Extravaganza on Friday, November 15, 2013 from 5:00 p.m. to 9:00 p.m. at the Newcastle Community Hall, with proceeds going to the Newcastle Community Hall Improvement Fund. • Janice Parish and Royal Service's 5th Annual Fundraiser on Saturday, November 16, 2013 from 8:00 a.m. to 1:00 p.m. with proceeds going to the East Clarington Food Bank. • Orono United Church Resale Shop Christmas Sale and Lunch on Saturday, November 16, 2013 between 9:00 a.m. and 3:00 p.m. • Fosterbrooke Christmas Bazaar on Sunday, November 17, 2013 between 10:00 a.m. and 2:00 p.m. • Newcastle Santa Claus Parade on Sunday, November 17, 2013, at 5:30 p.m. • Newcastle Horticulture Society Christmas Show and Pot Luck and Annual General Meeting on Tuesday, November 19, 2013 at 6:30 p.m. at the Newcastle Community Hall, Main Auditorium. • Newcastle Business Improvement Association's Pancake Breakfast starting at 9:00 a.m. • 2nd Annual Orono Santa Claus Parade on Saturday, November 30, 2013. Councillor Traill announced the Tyrone Community Centre Pub Night on November 28, 2013 at 7:00 p.m. Councillor Woo announced the following upcoming events: • St. Paul's United Church's Christmas Tea Party on Saturday, November 16, 2013 between 1:00 p.m. and 4:00 p.m. in support of Big Brothers Big Sisters Clarington. • Region of Durham Works Department, on November 15 and November 20, 2013, will place a safe, environmentally friendly, bio-degradable "fluorescing" dye into the treatment process at the Newcastle Water Pollution Control Plant. The red dye may pass through the treatment process and be released from the plant with treated effulent (discharge) into Lake Ontario. This may result in a temporary red colouring of Lake Ontario water near the outfall in Newcastle. The dye will not affect water quality or recreational uses of Lake Ontario. It is harmless to aquatic and human life. The colour will be temporary and will eventually dilute and become unnoticeable. - 2 - 4-2 General Purpose and Administration Committee Minutes November 12, 2013 Councillor Novak announced the following: • 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. • 1St Annual Courtice Santa Claus Parade on Sunday, December 1, 2013. Councillor Novak highlighted the accomplishments of Veridian Connections and explained her history with the organization. She announced that, in light of the recent change to the nomination policy, it was her intention to resign from the Veridian Connections Board of Directors effective December 31, 2013. MINUTES Resolution #GPA-520-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on October 28, 2013, be approved, and, to provide clarity for the reader, that the minutes include the procedure for nominations to and the replacement of directors on the Veridian Corporation and the Veridian Connections Inc. Boards (Attachment No. 2 to Addendum to Report CLD-027-13), as approved by the Committee, in its entirety, within Resolution #GPA-514-13. CARRIED PUBLIC MEETING There were no public meetings held. DELEGATIONS DELEGATION OF DEBBIE HILLYER, EXECUTIVE DIRECTOR, FISHABILITY SPORTS CLUB INC. AND MANAGER OF THE PREDATORS SLEDGE HOCKEY CLUB, AND VICKY HILLYER, REGARDING INFORMATION ON THE NON-PROFIT ORGANIZATION, FISHABILITY SPORTS CLUB Debbie Hillyer, Executive Director, FishAbility Sports Club Inc. and Manager of the Predators Sledge Hockey Club, and Vicky Hillyer, were present regarding Information on the non-profit organization, FishAbility Sports Club. They made a verbal presentation to accompany an electronic presentation of a video from their website. Mrs. Hillyer provided the Committee with background on the founding of the FishAbility Sports Club. Mrs. Hillyer stated that the Club promotes outdoor recreational activities for differently abled children, youth and adults. She explained that the goal of the Club is to.make fishing accessible to all and the mission is to provide sports and recreational - 3 - 4-3 General Purpose and Administration Committee Minutes November 12, 2013 programs to help the physical, mental and social well being of persons of any age or disability. Mrs. Hillyer noted that the first fishing season, in 2009 in Bewdley, was very successful and has continued to grow. She noted that they have purchased a pontoon boat and, in 2012, they introduced an annual Kids Fishing Day. Mrs. Hillyer added that the program numbers have increased to the point that in 2013 there were two outings six days a week. She added that the Club was involved in the grand opening of the Bowmanville Creek Anglers Association's wheelchair accessible fishing platform. Mrs. Hillyer explained that the Club also founded the local sledge hockey club, The Predators, which plays in a league, and have been very successful. She noted that there has recently been the formation of a new development sledge hockey club for players age 5 and older. Mrs. Hillyer added that next year, there will be increased fishing programs. She explained that fundraising (calendar sales, raffles, donations, sponsorships and a Trillium Grant) is very important as most members are on a limited income. Mrs. Hillyer stressed that it is important to focus on abilities rather than disabilities. She added that there will be a Christmas Fundraising Dinner in December, 2013. Resolution #GPA-521-13 Moved by Councillor Woo, seconded by Councillor Hooper THAT the delegation of Debbie Hillyer, Executive Director, FishAbility Sports Club Inc., and Vicky Hillyer, regarding Information on the non-profit organization, FishAbility Sports Club be received with thanks. CARRIED DELEGATION OF MIKE PATRICK, TREASURER, CLARINGTON SWIM CLUB, REGARDING THE REPORT CSD-010-13, CLARINGTON FITNESS CENTRE — PROPOSED RENOVATIONS Mike Patrick, Treasurer, Clarington Swim Club, was present regarding the Report CSD-010-13, Clarington Fitness Centre— Proposed Renovations. Mr. Patrick thanked Staff for the thorough and inclusive consultation in preparation for the renovations. He noted that the Swim Club is the largest user of pool services, paying approximately $40,000 per year. Mr. Patrick stated his appreciation for Staff working with the Club on how they could schedule their programs in other facilities. He noted that there were two additional public meetings during the summer. Mr. Patrick explained that the Clarington Swim Club was the victim of a criminal fraud a few years ago, but is now financially stable and has over 300 members. He urged that it is important that the Club be supported. Mr. Patrick thanked Staff for their efforts to minimize the impact of the renovations on the Club. - 4 - 4-4 General Purpose and Administration Committee Minutes November 12, 2013 DELEGATION OF MARILIA MARTINS-HJORNGAARD, VICE PRESIDENT, NEWCASTLE DISTRICT CHAMBER OF COMMERCE, REGARDING REPORT PSD-063-13, PROPOSED NEWCASTLE VILLAGE CENTRE URBAN DESIGN GUIDELINES Marilia Martins-Hjorngaard, Vice President, Newcastle District Chamber of Commerce, was present regarding Report PSD-063-13, Proposed Newcastle Village Centre Urban Design Guidelines. She withdrew her request to address the Committee. DELEGATION OF TOM UJFALUSSY, PRESIDENT, NEWCASTLE DISTRICT CHAMBER OF COMMERCE REGARDING REPORT PSD-063-13, PROPOSED NEWCASTLE VILLAGE CENTRE URBAN DESIGN GUIDELINES Tom Ujfalussy, President, Newcastle District Chamber of Commerce, was not present at this time. DELEGATION OF TIM JOHNSTON, PRESIDENT OF THE CLARINGTON SQUASH CLUB, REGARDING REPORT CSD-010-13, CLARINGTON FITNESS CENTRE — PROPOSED RENOVATION Tim Johnston, President of the Clarington Squash Club, was present regarding Report CSD-010-13, Clarington Fitness Centre — Proposed Renovation. He reminded the Committee that he had attended the October 28, 2013 General Purpose and Administration Committee meeting on the same matter. Mr. Johnston stated that he is still concerned that there is not clarity on the public response. He noted that the option #4 was not one of the options proposed at the Public Meetings. Mr. Johnston explained that, if the purpose of the renovation is to increase usage of the facility, the usage numbers have not been accurately provided. He noted that there are more than 65 members of the Clarington Squash Club. Mr. Johnston asked whether the detailed usage numbers could be made public. He stated that the original intent of the building was that there would be two more squash courts. Mr. Johnston noted that additional squash courts would dramatically and positively change the usage of squash courts. He explained that additional courts would allow the ability for student programs and summer camps for squash. Mr. Johnston noted that, although he is not an expert in the field, according to his source, the expense for a squash court is not immense. He urged that more accurate numbers be attached to the report and he also urged the Municipality to consider how the facility will be used. - 5 - 4-5 General Purpose and Administration Committee Minutes November 12, 2013 DELEGATION OF TOM UJFALUSSY, PRESIDENT, NEWCASTLE DISTRICT CHAMBER OF COMMERCE REGARDING REPORT PSD-063-13, PROPOSED NEWCASTLE VILLAGE CENTRE URBAN DESIGN GUIDELINES - Continued Tom Ujfalussy, President, Newcastle District Chamber of Commerce, attended the meeting and stated that he and Marilia Marti ns-Hjorngaard did not intend to speak at the meeting. SUSPEND THE RULES Resolution #GPA-522-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the Rules of Procedure be suspended to allow an additional delegation. CARRIED DELEGATION OF TOM HAMBLIN REGARDING REPORT CSD-010-13, CLARINGTON FITNESS CENTRE — PROPOSED RENOVATION Resolution #GPA-523-13 Moved by Councillor Neal, seconded by Councillor Woo THAT Mr. Tom Hamblin, member of the Clarington Squash Club, be allowed to speak regarding Report CSD-010-13, Clarington Fitness Centre — Proposed Renovation. CARRIED Mr. Hamblin was present regarding Report CSD-010-13, Clarington Fitness Centre — Proposed Renovation. He explained that when he retired, he decided to play squash in Clarington, based on the fact that there was an organized Squash Club. Mr. Hamblin stated that there is a lack of a viewing area for the squash area. He explained that better viewing would increase the Club spirit and opportunities to learn. Mr. Hamblin noted that two courts are below the critical mass. He added that if there were at least three courts, two could be occupied with Club members and one for walk-ins. Mr. Hamblin stated that he currently drives to Pickering to play doubles squash. He noted that his ideal would be-two singles courts and one doubles courts or three singles courts. - 6 - 4-6 General Purpose and Administration Committee Minutes November 12, 2013 RECESS Resolution #GPA-524-13 Moved by Councillor Partner, seconded by Councillor Trail[ THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:11 a.m. PRESENTATIONS PRESENTATION OF INSPECTOR ROLF KLUEM, DURHAM REGIONAL POLICE SERVICE (DRPS), REGARDING DRPS EAST DIVISION POLICING 2013 OVERVIEW OF IDENTIFIED COMMUNITY SAFETY PRIORITIES FROM 2013 COMMUNITY PATROL PLAN Inspector Rolf Kluem, Durham Regional Police Service (DRPS), was present regarding DRPS East Division Policing 2013 Overview of Identified Community Safety Priorities from 2013 Community Patrol Plan. He made a verbal presentation to accompany an electronic presentation. He explained that the new Community Policing Office in Clarington is currently under construction. Inspector Kluem noted that the main goal is to maintain and/or increase the feeling of public safety for Clarington/Scugog residents by reducing property crimes, reducing motor vehicle collisions, responding to serious incidents, and supporting the Community through personal engagement. He provided examples of the East Division's priorities being guided by crime analysis. Inspector Kluem explained that the priorities include: improving road safety; managing recidivist offenders; focussing on safety in open areas; participating in community events, business areas and private events; and by addressing criminal activity and indication of organized crime. He noted the following tools/activities to support the priorities: proactive targeted patrols, monthly RIDE initiatives and bar inspections, consistent traffic enforcement in school zones, enforcement in high collision areas, and collaboration with Municipal partners. Inspector Kluem provided the Committee with a chart detailing the outcomes as at the month of August, 2013. He noted that citizen feedback is positive. Inspector Kluem provided examples of some criminal investigations, including statistics on violent crimes. Inspector Kluem noted some of the activities of the Community Relations Unit. He explained some of the statistics surrounding managing violent offenders. Inspector Kluem stated that there are several examples of policing excellence which have been rewarded with commendations. He provided statistics on Provincial Offence Notices including Highway Traffic Act infractions, as well as statistics on impaired driving. Inspector Kluem noted that motor vehicle collisions in the Division have decreased 4.6% overall and 15.2% in priority zones. Inspector Kluem provided several examples of municipal partnership, joint - 7 - 4-7 General Purpose and Administration Committee Minutes November 12, 2013 initiatives, community engagement, and community events. He reminded the Committee of upcoming events and initiatives. Resolution #GPA-525-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the presentation of Inspector Rolf Kluem, Durham Regional Police Service (DRPS), regarding DRPS East Division Policing 2013 Overview of Identified Community Safety Priorities from 2013 Community Patrol Plan be received with thanks; and THAT Inspector Kluem be asked to pass along the Committee's thanks for the 18,000 hours service by the DRPS Auxiliary Unit volunteers. CARRIED RECESS Resolution #GPA-526-13 Moved by Councillor Traill, seconded by Councillor Neal THAT the Committee recess for 1 hour. MOTION LOST Resolution #GPA-527-13 Moved by Councillor Neal, seconded by Councillor Woo THAT the Committee recess until 1:15 p.m. CARRIED The meeting reconvened at 1:15 p.m. with Councillor Woo in the Chair. PLANNING SERVICES DEPARTMENT PROPOSED NEWCASTLE VILLAGE CENTRE URBAN DESIGN GUIDELINES Resolution #GPA-528-13 Moved by Councillor Partner, seconded by Councillor Neal THAT Report PSD-063-13. be received; - 8 - 4-8 General Purpose and Administration Committee Minutes November 12, 2013 THAT the Proposed Newcastle Village Centre Urban Design Guidelines (October, 2013), be adopted; and THAT all interested parties listed in Report PSD-063-13 and any delegations be advised of Council's decision. CARRIED REQUEST FOR CONFIRMATION OF MUNICIPAL COUNCIL SUPPORT RESOLUTION UNDER THE GREEN ENERGYACP ROOF-TOP SOLAR FIT PROJECT AT 3520 HIGHWAY 35/115 Resolution #GPA-529-13 Moved by Councillor Partner, seconded by Councillor Hooper THAT Report PSD-064-13 be received for information. CARRIED Councillor Novak chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2013 Resolution #GPA-530-13 Moved by Councillor Hooper, seconded by Councillor Traill THAT Report EGD-038-13 be received for information. CARRIED SERVICING OF NON-RESIDENTIAL DEVELOPMENT OPPORTUNITIES HOST COMMUNITY STRATEGIC FUNDING POLICY LAKE ROAD CONSTRUCTION—EXISTING EAST LIMIT TO LAMBS ROAD Resolution #GPA-531-13 Moved by Councillor Woo, seconded by Councillor Traill THAT Report EGD-039-13 be received; THAT the Municipality proceed with the extension of Lake Road from the current east terminus to Lambs Road; - 9 - 4-9 General Purpose and Administration Committee Minutes November 12, 2013 THAT the Mayor and the Municipal Clerk be authorized to sign the Subdivision Agreement with 1029629 Ontario Inc., Montik Financial Services Inc., 1755480 Ontario Inc. and David Goodman, substantially in the form of Attachment #3 to Report EGD-039-13; THAT the Municipality's share of the project in the amount of$1,300,000 be funded from the Development Charges Roads and Related Reserve Fund; THAT the land owner's share of the project in the amount of$770,000 be funded from the Strategic Capital Reserve Fund; and THAT Staff be authorized to proceed with the preparation of the design and reports to get required approvals necessary to proceed with the construction of the Lake Road extension in 2014. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) Councillor Traill left the meeting at 1:44 p.m. Resolution #GPA-532-13 Moved by Councillor Neal, seconded by Councillor Woo THAT the foregoing Resolution #GPA-531-13 be amended by adding the following words to the end of Sections 6.3, 6.4, and 6.5 of the draft Subdivision Agreement (Attachment 3 of Report EGD-039-13): "and the charge in favour of the Municipality, as created by Section 7.5 of the Agreement." CARRIED Councillor Traill returned to the meeting at 1:48 p.m. SUSPEND THE RULES Resolution #GPA-533-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the Rules of Procedure be suspended to allow Members of Committee to speak to the matter of the foregoing Resolution #GPA-531-13 a second time. CARRIED - 10 - 4-10 General Purpose and Administration Committee Minutes November 12, 2013 Resolution #GPA-534-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #GPA-531-13 be referred back to Staff to prepare a report, for the General Purpose and Administration Committee meeting of November 25, 2013 detailing what is required for a similar project in the Clarington Energy Park, as is envisioned for these subject lands. MOTION LOST LATER IN THE MEETING (See following motion) SUSPEND THE RULES Resolution #GPA-535-13 Moved by Councillor Neal, seconded by Councillor Woo THAT the Rules of Procedure be suspended to.allow for discussion on a referral motion. MOTION LOST The foregoing Resolution #GPA-534-13 was then put to a vote and lost. The foregoing Resolution #GPA-531-13 was then put to a vote and carried as amended. REQUEST FOR REPORT — TIME LINE FOR ISSUING BUILDING PERMITS IN THE CLARINGTON ENERGY PARK Resolution #GPA-536-13 Moved by Councillor Neal, seconded by Councillor Traill THAT Staff be directed to prepare a report, within a month, regarding the time line for issuing building permits for the Clarington Energy Park industrial lands. MOTION LOST OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. - 11 - 4-11 General Purpose and Administration Committee Minutes November 12, 2013 Councillor Neal chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT TERMS OF REFERENCE FOR AN EXPRESSION OF INTEREST FOR A NEW MULTI-USE RECREATIONAL FACILITY IN BOWMANVILLE Resolution #GPA-537-13 Moved by Councillor Traill, seconded by Councillor Hooper WHEREAS Clarington is in need of another multi-function recreational facility that can meet the needs of a growing and diverse population; AND WHEREAS Newcastle and Courtice have state-of-the-art recreational, sporting and aquatic fitness facilities and Bowmanville residents should expect the same service levels; AND WHERES the option of exploring the feasibility of constructing a new recreational facility in Bowmanville has not been addressed; AND WHEREAS the proposed renovation to the Clarington Fitness Centre is a "Band Aid Solution" which does not appear to be a financially prudent way to address the intermediate and long term needs of residents; NOW THEREFORE BE IT RESOLVED THAT the Chief Administrative Officer develop Terms of Reference for a business case to be developed on the most financially prudent new multi-use facility for Bowmanville; and THAT the Terms of Reference, once approved by Council, be used as a basis for an Expression of Interest for a traditional build or a P3 to be evaluated by Council. MOTION LOST LATER IN THE MEETING (See following motions) RECESS Resolution #GPA-538-13 Moved by Councillor Woo, seconded by Councillor Partner THAT the Committee recess for 5 minutes. CARRIED - 12 - 4-12 General Purpose and Administration Committee Minutes November 12, 2013 The meeting reconvened at 2:39 p.m. Resolution #GPA-539-13 Moved by Councillor Novak, seconded by Councillor Traill THAT the foregoing Resolution #GPA-537-13, regarding the Terms of Reference for a new multi-use recreational facility, be referred to the Council Budget Workshop of Friday, November 22, 2014. MOTION LOST Councillor Novak left the meeting at 3:19 p.m. The foregoing Resolution #GPA-537-13 was then put to a vote and lost. Councillor Woo chaired this portion of the meeting. CLERK'S DEPARTMENT There were no reports to be considered under this section of the Agenda. CORPORATE SERVICES DEPARTMENT PREQUALIFICATION OF ROOFING CONTRACTORS Resolution #GPA-540-13 Moved by Councillor Hooper, seconded by Councillor Traill THAT Report COD-025-13 be received; and THAT the Purchasing Manager be given the authority to establish a list of prequalified roofing contractors for the purpose of bidding on Municipal roof repairs and replacements. CARRIED RFP2013-1 MUNICIPAL BANKING SERVICES Resolution #GPA-541-13 Moved by Councillor Neal, seconded by Councillor Partner THAT Report COD-027-13 be received; - 13 - 4-13 General Purpose and Administration Committee Minutes November 12, 2013 THAT the contract for Banking Services, for the Municipality of Clarington be awarded to the Toronto Dominion Bank; THAT the contract be awarded for a five (5) year term with an option to renew for an additional five (5) year term subject to acceptable pricing and satisfactory service; THAT pending acceptable pricing and satisfactory service the Purchasing Manager be authorized to extend the contract for an additional five years; and THAT the Mayor and Clerk, Director of Finance and Chief Administrative Officer as appropriate be authorized to sign all necessary documentation. CARRIED MEDIA RELATIONS POLICY Resolution #GPA-542-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report COD-028-13 be received; THAT Council review and endorse Revised Policy F2 (Media Relations); and THAT the policy be made available to all municipal employees through the Municipal intranet.and departmental staff meetings. CARRIED AS AMENDED (See following motion) Resolution #GPA-543-13 Moved by Councillor Neal, seconded by Councillor Traill I THAT the foregoing Resolution #GPA-542-13 be amended by amending Policy F2, Media Relations (Attachment 2 of Report COD-028-13), as follows: • Add the following words at the end of Section 1, under Spokespersons: "The Mayor or Deputy Mayor, if speaking on behalf of the Municipality, shall reflect the formal position of the Municipality of Clarington."; • Add the following words at the end of the last sentence of Section 2, under Spokespersons: "if speaking on behalf of the Municipality of Clarington."; and - 14 - 4-14 General Purpose and Administration Committee Minutes November 12, 2013 • Add the following words to Section 3, 4 and 5, under Spokespersons" "That, when speaking on behalf of the Municipality of Clarington, the [Spokesperson] shall reflect the formal position of the Municipality of Clarington." CARRIED The foregoing Resolution #GPA-542-13 was then put to a vote and carried as amended. FINANCE DEPARTMENT There were no reports to be considered under this section of the Agenda. SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS CLARINGTON FITNESS CENTRE — PROPOSED RENOVATION Resolution #GPA-544-13 Moved by Councillor Traill, seconded by Councillor Partner THAT Report CSD-010-13 be received; THAT no funds be expended on the Clarington Fitness Centre facility; THAT the Chief Administrative Officer develop Terms of Reference, within two months, for a business case to be developed on the most financially prudent new multi-use facility for Bowmanville; and THAT the Terms of Reference, once approved by Council, be used as a basis for an Expression of Interest for a traditional build or a P3 to be evaluated by Council. MOTION LOST - 15 - 4-15 General Purpose and Administration Committee Minutes November 12, 2013 Resolution #GPA-545-13 Moved by Councillor Neal, seconded by Councillor Traill THAT Report CSD-010-13 be referred to Staff for a further report on when a new multi-use facility is likely to be built in south Bowmanville. CARRIED OTHER BUSINESS BOWMANVILLE ZOO RECOGNITION Resolution #GPA-546-13 Moved by Councillor Traill, seconded by Councillor Partner WHEREAS the Bowmanville Zoo was founded in 1919 and is the oldest privately owned zoo in North America; AND WHEREAS the Bowmanville Zoo has been a fixture not only in the Town of Bowmanville but under the ownership of the Connell family has had national exposure on the Uncle Bobby Show and bred and sold animals such as the Vietnamese pot bellied pigs and llamas to personalities such as Michael Jackson; AND WHEREAS since the late 1980's under the ownership of the Hackenberger family, the Bowmanville Zoo has continued to provide a fun and educational experience, to instill a sense of wonder and responsibility so that visitors gain information and knowledge and go away better informed and inspired; AND WHEREAS the Bowmanville Zoo has supplied animals to events such as the Terry Fox Bowmanville Run Site and to feature films such as the Academy Award winning film, Life of Pi; AND WHEREAS the Bowmanville Zoo has been an animal refuge for abandoned or mistreated exotic animals; AND WHEREAS the Bowmanville Zoo is an accredited and a member of Canada's Accredited Zoos and Aquariums (CAZA) and World Association of Zoos and Aquariums (WAZA); NOW THEREFORE BE IT RESOLVED THAT the Mayor and Council of the Municipality of Clarington recognize and congratulate the Bowmanville Zoo for its promotion and preservation of the health and safety of the animals under its care; and - 16 - 4-16 General Purpose and Administration Committee Minutes November 12, 2013 THAT the Mayor and Council commend the Zoo for its educational efforts which promote better public understanding of the interaction between the animal world, human beings and the environment. CARRIED SUSTAINABILITY CLARINGTON COMMUNITY ADVISORY COMMITTEE REPORT TO COUNCIL ON NOVEMBER 4, 2013 Resolution #GPA-547-13 Moved by Councillor Hooper, seconded by Councillor Partner WHEREAS the Sustainable Clarington Community Advisory Committee has fully completed its Tasks 1 and 2 as assigned to it by Council and Council received a report from them with recommendations on these matters on November 4, 2013; AND WHEREAS these Recommendations are clear about: • what is to be done • by whom • and by when; AND WHEREAS Council needs the benefit of advice on: • how these recommendations would be implemented • at what cost and • how the costs would be financed; THEREFORE BE IT RESOLVED THAT, in the case of the Sustainable Clarington Community Advisory Committee's Recommendation 1, staff be requested to report to Council on: (a) how to achieve the outcomes set out in Recommendation 1 (b) the costs to do this (c) and how the costs would be distributed; THAT such staff report be provided before the end of December 2013 so that Council may consider this matter in the 2014 budget deliberations; THAT Council accept the Committee's recommendations 2(a), 3(a), 3(b) except a slight modification in the case of 3(a) on the matter of a financial projection and implementation plan for water conservation in existing development, in which case Council request a report on this matter from the regional CAO rather than Clarington staff given it is a regional matter; and - 17 - 4-17 General Purpose and Administration Committee Minutes November 12, 2013 THAT Council thank the Committee for completing, in full, its Tasks 1 and 2 assigned by Council and reassure the Committee that Council recognizes that as a Committee they were not appointed to provide advice, information or education to the public but rather to provide advice to Council and that the Council will, after considering the municipal staff's advice on communications, decide what action will be taken. CARRIED RENAME THE CLARINGTON LEASH FREE DOG PARK Resolution #GPA-548-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT the Clarington Leash Free Dog Park be renamed to the Dave Boyd Memorial Dog Park. CARRIED 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. ADJOURNMENT Resolution #GPA-549-13 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 4:21 p.m. CARRIED MAYOR DEPUTY CLERK - 18 - 4-18 PUBLIC MEETING Its NOTICE OF COMPLETE APPL REPORT# PSD-065-13 LeadiregtheWay 11 AND PUBLIC f KIRK C. KEMP ET AL The Municipality of Clarington has received Complete Applications for a proposed Zoning By-law Amendment and Amendment to Draft Plan of Subdivision. APPLICANT: 2265719 Ontario Inc.,2084165 Ontario Limited&Kirk C.Kemp PROPERTY: Lands north of Concession Road 3, East of Regional Road 57, West of Middle Road, Concession Road 3,in the former Township of Darlington. PROPOSAL: Draft Approval of the plan of subdivision was granted in 2008 for 1300 residential units. The proposed amendment maintains the road pattern and the location of the park and school but adjusts the lotting mix by eliminating 11.0 metre lots and introducing 11.8 metre lots to accommodate more dwelling units with two car garages. This will result in net decrease of 10 units from 1300 to 1290. The amendment also proposes to extend draft approval for six(6)years to 2020 The proposed rezoning would • reflect the proposed amendment to the draft approved plan; • increase the lot coverage from 40%to 45%for the'dwellings and from 45%to 50%for all buildings and structures;and • allow the garage to project 1.0 metre from the dwelling's front wall or exterior side wall or covered porch projection. FILE NOS.: S-C 2007-004 and ZBA 2013-0012 A Public Meeting to receive input on the applications will be held on: DATE: Monday,November 25,2013 TIME: '9:30 a.m. PLACE: Council Chambers,2"d Floor,Municipal Administrative Centre, 40 Temperance St.,Bowmanville,Ontario Additional,information'relating to the applications,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"' Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Cynthia Strike (905). 623-3379, extension 2410 or by!e-mail at cstrike(a)_clarington.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 Cle'rk'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.clarin.qton.net under the Municipal Clerk's Department tab. If you wish to be notified of. i) the adoption of the proposed official plan amendment/zoning by-law amendment or of the refusal of a request to amend the official plan/zoning by-law amendment;and/or -ii) the decision in respect of proposed plan of subdivision/plan of condominium; 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, and/or before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body: i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board,•and fl) 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 1<1 .day of G\J6V. - 2013. David J.Crome,M.C.I.P.,R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 Cc: LDO 5-1 Property Location Map(Bowmanville) iz N TAUNUS C7 s Subject Site 3 o N p 0 O p � CAN ESSION pg W _ T 2 DD C - EL o: W O GAUD C>ATE NORTHGLEN•SOULEVARD Area subject to Amendment to Draft Approval I RICt-1ARD DAV1E5 R �i o m Area subject to Rezoning O V ,- $JONEYRUNDLEAV SIDNEY BUNDLE AV 3',:••, WW2 Y RICHARD DAVIES OR CAREYLANE .. ... . ZBA 2013-0012 DOLED Zoning By-law Amendment N S-C 2007-0004 Amendment To Draft Approved Plan N CONCESSION ROAD 3 F--X-E Owners: 2265719 Ontario Inc 2084165 Ontario Ltd Kirk C.Kemp N PUBLIC MEETING REPORT# PSD-066-13 THIELE/CLARET INVESTMENTS LTD. Cl �1 NOTICE OF COMPLETE APPLICATION Leading the Way '�I AND PUBLIC MEETING The Municipality of Clarington has received a Complete Application for a proposed Zoning By-law Amendment. APPLICANT: Gwendolyn Thiele, 1361189 Ontario Limited&Claret Investments Limited PROPERTY: Part Lot 27, Concession 3, Former Township-of Darlington,including 3252 Hancock Road(See key map) PROPOSAL: To place lands in a residential zone to allow for the creation of thirteen (13) single detached residential lots, and to place the balance of the lands in the Environmental Protection Area zone, in accordance with the Hancock Neighbourhood Design Plan FILE NO.: ZBA 2013-0027 A Public.Meeting to receive input on the application will be held on: DATE: Monday, November 25,2013 TIME: 9:30 a.m. PLACE: Council Chambers,2"d 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 Anne Taylor Scott (905) 623- 3379,extension 2414 or by e-mail at ataylorscott @clarington.net. If you cannot attend the Public Meeting on this application, you can make a deputation to Council. Should you wish to appear as a delegation at Council 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,*print ed 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 the passing or the refusal of the zoning by-law amendment, 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 un less,in the opinion of the Board, there are reasonable grounds to do so. Dated,at the Municipality of Clarington this Zan-day of _ 2013. Davi .Crome,M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 Cc: LDO 5-3 /V Property Location Map(Courtice) Subject Site S h h h n $ h 3 u b e X I Existing Residential t I Q � • I RMSIERFO PUN •qpp(-1l6{ I I 0 GEORGE REYNOLMOR I °gg I Y 6earcE REmatns owrE I UO 1 Z eloac toa i = N LO 26° a oy M Neighbourhood "" "'^' '• � ^°�^� �� Park a•- �. MOCK 14 RLOCK Subject Site MEN SPnE�rEUroRwooe�ounEh t01 1 TO BE D0uE o TO 10 IgPN i AD ho i LDr za I • _ I Y RMSTMED PUN No.W1 LOr y7 C i Q y ZBA 2013-0027 Zoning By-law Amendment c y Owner: Gwendolyn Thiele& X 1361189 Ontario Ltd/Claret Investments Ltd' LU I PUBLIC MEETING �1 NOTICE OF COMPLETE A RPEORT# PSD-067-13 Leading the Way AND PUI31_.PO_LLUX DEVELOPMENTS INC. The Municipality of Clarington has received Complete Applications for a proposed Zoning By-law Amendment and Draft Plan of Subdivision. APPLICANT: Pollux Developments Inc. PROPERTY: Part of Lot 12, Concession 2, Former Town of Bowmanville(southeast quadrant of Scugog Street and Concession-Road 3) 'PROPOSAL: A proposed Draft Plan of Subdivision and Zoning By-law Amendment to permit the development of 114 residential units, including 29 lots for single detached residential dwellings and 85 townhouse units in a medium density block. FILE NOS.: S-C-2013-0001 &ZBA 2013-0003 A Public Meeting to receive input on the applications will be held on: DATE: Monday, November 25,2013 TIME: 9:30 a.m: PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre, 40 Temperance St., Bowmanville,Ontario Additional information relating to the applications 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 L1C 3A6, or by calling Anne Taylor Scott (905) 623- 3379,extension 2414 or by e-mail at atavlorscott(a--)clarington.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 passing or refusal of the zoning by-law amendment;and/or ii) the decision in respect of the proposed plan of subdivision; 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, and/or before the approval authority gives or refuses to give approval to the draft plan of subdivision, 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 -ZL day of Oct, 2013. David J.Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 Cc: LDO 5-5 Property Location Map(Bowmanville) N CONCESSION ROAD 3 d ' i O 0 Subject Site -CO CESSION ] Proposed'Medium'Density _ (Townhouse)Block (Up To 85 Units) L W LL1 29 28 V26 24 23, 22. 21 20 19 16 17 I � I o COURTNEY STREET U jU 1 2 3 4 T56 71 8 9 10 11 12 13 14 15 16 ZBA 2013-0003 Zoning By-law Amendment I S-C 2013-0001 Draft Plan Of Subdivision COLVILLE AVENUE N Applicant: Pollux Developments Inc co I LO DRAFT LIST OF DELEGATIONS GPA Meeting: November 25, 2013 (a) Scott Ebenhardt & Christine Albee, Canadian Diabetes Association, Regarding Clothing Donation Bins 6-1 Clarftwn REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 25, 2013 Resolution#: By-law#: Report#: PSD-065-13 File#: S-C 2007-0004, ZBA 2013-0012 Subject: APPLICATIONS TO AMEND DRAFT APPROVED PLAN OF SUBDIVISION AND REZONING TO PERMIT ADDITIONAL LOTS WITH 11.3 METRES FRONTAGE APPLICANT: 2265719 ONTARIO INC., 2084165 ONTARIO LIMITED AND KIRK C. KEMP RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-065-13 be received; 2. THAT the applications to amend Draft Approved Plan of Subdivision (S-C 2007-0004) and rezoning (ZBA 2013-0022), submitted by Kevin Tunney on behalf of 2265719 Ontario Inc., 2084165 Ontario Limited and Kirk C. Kemp to permit additional lots with 11.3 metres of frontage continue to be processed and that a subsequent report be prepared; and 3. THAT all interested parties listed in Report PSD-065-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: 125'avW J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS/av/nl November 19, 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-1 REPORT NO.: PSD-065-13 PAGE 2 1. APPLICATION DETAILS 1.1 Owners: 2265719 Ontario Inc., 2084165 Ontario Limited, Kirk C. Kemp 1.2 Agent: Kevin Tunney, Tunney Planning Inc. 1.3 Proposal: Proposed amendment to the Draft Approved Plan of Subdivision: i) To eliminate all lots with 11.0 metres of frontage and introduce additional lots with 11.3 metres of frontage to permit dwellings with two car garages. This would have the effect of adjusting the lotting pattern within certain areas of the plan. The result is a decrease in the number of residential units from 1300 to 1282; and ii) To extend Draft Approval for an additional six (6) years to 2020. Proposed amendment to the Zoning By-law: i) To reflect the proposed amendment to the draft approved plan; ii) To increase the lot coverage from 40% to 45% for the dwelling and from 45% to 50% for all buildings and structures; and iii) To allow the garage to project 1.0 metre in front of the dwellings front wall or exterior side wall or covered porch. 1.4 Area: 58.4 hectares (144 acres) 1.5 Location: The subject lands are located north of Concession Road 3, east of Regional Road 57, west of Middle Road being Part Lot 13 and 14, Concession Road 3, in the former Township of Darlington. These lands are located in the Northglen Neighbourhood, and referred to as Northglen West. See Figure 1, next page. 2. BACKGROUND 2.1 In March 2008, Council supported the Director of Planning Services issuing Draft Approval of Plan of Subdivision S-C 2007-0004, submitted by three land owners, Baysong Developments Inc., 2084165 Ontario Limited and Kirk and Douglas Kemp. The implementing zoning by-law amendment, By-law 2008-0065, was approved at that time. 2.2 In 2008, Baysong Developments Inc. submitted the first amendment to the draft approved plan of subdivision, in addition to an application for rezoning. The amendment changed the lotting pattern and the rezoning made adjustments to allow for various architectural styles for the Baysong lands only. The amendment did not change the road pattern, the park, school and stormwater management pond blocks or the total number of lots. The zoning by- law amendment was approved in July 2009, while the amendment to the draft approved plan did not occur until March 2011, following a change in ownership and the submission of the required copies of the amended plan. 8-2 REPORT NO.: PSD-065-13 PAGE 3 Figure 1 Property Location Map(Bowmanville) N o TAUNUS CT �' 3 NT 0 x: '• s Subject ...:.......::::..:.:.. I;. .. .. Site LWOOD Ci GAUDGATE tdORTHGLEN BOULEVARD -•••,•'••• Area subject to Amendment to Draft Approval RICHARGDAVI ES CR RO..LANE n, - '�� :" '• i.S:''� ®Area subject to R—In9 o v SIDNf EI''RUNDILE�A�VjJYI S11 NEYY{R,UUNNDLL�E AV t...lJ 11LLL!—IZ�LLL1L1111JJW �••+•!^.:..•'.:;?; : RICHARD DAVIES CRW CAREY LANE o KENNETH COLE DR O N CONCESSION ROAD 3• ~\ — ZBA 2013 4012 2.3 In 2011, a second amendment to the draft approved plan and rezoning was approved, again only for the Baysong lands. These lands were acquired by 2265719 Ontario Inc. (Highcastle Homes, Delpark Homes and Esquire Homes) who proposed to modify the unit mix to allow for a diverse offering of house models in the first phase of development. The first phase was reduced in land area due to sanitary sewage constraints. The amendment, approved in June 2011 resulted in a decrease of residential units from 1302 to 1300. 2.4 In April 2013, the landowners in Northglen West submitted applications for an amendment to the draft approved plan and rezoning outside of the limits of Phase1, as proposed at the time. The applicants made various minor adjustments to the applications, which delayed the circulation and scheduling of the Public Meeting, 2.5 In August 2013, final approval and the registration of Phase 1 (40M-2497) occurred. It included 103 singles, 30 semi-detached units and 47 townhouses for a total of 180 units. The servicing infrastructure has been installed and home construction is imminent. 8-3 REPORT NO.: PSD-065-13 PAGE 4 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The lands subject to these applications were cleared of brush and trees and rough graded to permit servicing of Phase 1. The balance of the land includes stockpiling of topsoil and apple orchard. 3.2 The surrounding uses are as follows: North: Rural residential and Quarry Lakes Golf Course South: Concession Road 3 and beyond, existing urban residential and Hydro One's work depot East: Orchards and future residential (Draft Approved Plan of Subdivision S-C 2007-0005 also known as Northglen East) West: Regional Road 57 and beyond, estate residential and the Bowmanville Creek Valley 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The Provincial Policy Statement encourages planning authorities to create healthy livable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. New development shall occur adjacent to built up areas, taking advantage of existing and planned infrastructure, and shall have compact form, and a mix of uses and densities. The development allows for the efficient use of land, infrastructure and public services. The proposed draft plan of subdivision continues to offer a range of housing types and densities.. The subject applications are consistent with the PPS. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit- supportive communities in designated greenfield areas with a region-wide density of 50 jobs and persons per hectare. The proposal is approximately 78 persons and jobs per hectare. Growth shall also be directed to areas that offer municipal water and wastewater systems. The subject applications conform to the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area. The intent of this designation is to permit the development of primarily residential areas with defined boundaries, incorporating the widest possible range of housing types, sizes and tenure, developed in an efficient and cost effective manner. The subject applications conform to the Durham Regional Official Plan. 8-4 REPORT NO.: PSD-065-13 PAGE 5 5.2 Clarington Official Plan The lands within the draft approved plan of subdivision are designated Urban Residential within the Clarington Official Plan, with symbols for a neighbourhood park, public elementary school and for medium and high density. A Neighbourhood Centre designation is at the northeast corner of Regional Road 57 and Concession Road 3 which allows for limited retail and service commercial uses. The subject applications continue to be,in conformity with the approved land use designations for the neighbourhood. 6. ZONING BY-LAW 6.1. Within Comprehensive Zoning By-law 84-63, as amended, the subject lands have a number of different zones all subject to a holding provision. The existing zones allow a variety of housing forms including single detached dwellings on various frontages; semi-detached, townhouses and three (3) storey apartment buildings. The mixed use block is zoned "Agricultural Exception (A-1) Zone" and will remain as such until a comprehensive site plan is submitted and approved. A Zoning By-law amendment will be required in order to implement the amendment to draft plan approval. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed along the frontages of Regional Road 57, Concession Road 3 and Middle Road. As of writing this report, there were no inquiries. 8. AGENCY COMMENTS 8.1 As of writing this report, no agency comments have been received. 9. DEPARTMENTAL COMMENTS 9.1 Engineering Services Department The Engineering Services Department has provided preliminary comments. A stormwater management report is required which confirms adequate capacity in the minor system, major system and the stormwater management pond to accommodate the proposed increase in lot coverage. The report must be satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation. 8-5 REPORT NO.: PSD-065-13 PAGE 6 10. DISCUSSION 10.1 Proposed Amendment to Draft Approved Plan Similar to the previous amendments the road pattern, the park, school and stormwater management pond blocks have not changed in the current proposed amendments. This proposed amendment eliminates all the 11 metre wide lots and introduces additional 11.3 metre wide lots which shifts the lotting pattern in the entire draft plan, including minor reductions particularly 12 metre singles and 7 metre townhouses. A lot with 11.3 metres of frontage is desirable because it is the minimum lot size for a dwelling with an attached two car garage. The chart below shows the changes to the draft plan over the various amendments. Unit Type Current Draft Phase 1 Proposed Total 1. Approval (40M -2497) Changes in Registered and June 2011 Future Phases Draft Plan 10 m single 183 55 125 180 11.0 m single 140 - - - 11.3 m single 52 3 202 205 12 m single 345 37 351 388 13.5 m single 119 8 100 108 15 m single 10 10 10 18 m semi 54 30 0 30 7m townhouse 181 47 100 147 Block townhouse 88 88 88 Mixed use 126 1 126 126 TOTAL 1 1300 1 180 1 1102 1282 The result is a net decrease of residential units from 1300 to 1282. 10.2 Proposed Rezoning The current application for rezoning requests changes to reflect the proposed amendment to the draft approved plan, to increase the lot coverage from 40% to 45% for the dwelling and from 45% to 50% for all buildings and structures, and to allow the garage to project 1.0 metre from the dwellings front wall or exterior side wall or covered porch projection for the entire Northglen West lands. As noted in Section 2.2 and 2.3 of this report, the previous amendments only affected the lands owned by 2265719 Ontario Inc., not the balance of the lands in Northglen West. Staff will be examining the zoning on the entire draft plan to ensure it is consistent. 10.3 Request to Extend Draft Approval for an additional 6 nears to 2020 The original draft approval was given a 6 year expiry date, ending in June 2014. The six (6) year timeframe was initially given because of the large number of units, and the phasing of infrastructure works to support the development. Two major issues have slowed down the 8-6 REPORT NO.: PSD-065-13 PAGE 7 development of site. The former Baysong site was idle for a few years prior to being purchased by 2265719 Ontario Inc., and the lack of sewer capacity at the Port Darlington Water Pollution Control Plan which restricted the number of units in Phase 1 to only 180. Further discussion on the phasing and timing of development of the balance of the lands will be required with the landowners. 11. CONCLUSION 11.1 The purpose of this report is to provide background information on the proposed amendment to draft approved plan of subdivision and rezoning for the Public Meeting under the Planning Act. Staff will continue processing the applications including the preparation of a subsequent report upon resolution of the identified issues. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Cynthia Strike, Principal Planner List of Interested Parties to be advised of Councils Decision: Kevin Tunney 8-7 Clarington REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 25, 2013 Resolution#: By-law#: Report#: PSD-066-13 File#: ZBA 2013-0027 Subject: AN APPLICATION TO REZONE LANDS TO ALLOW FOR THE CREATION OF 13 SINGLE DETACHED RESIDENTIAL LOTS APPLICANT: GWEDOLYN THIELE, 1361189 ONTARIO LIMITED & CLARET INVESTMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-066-13 be received; 2. THAT the application to amend the Zoning By-law, submitted by Gwendolyn Thiele, 1361189 Ontario Limited, & Claret Investments Limited to allow for the creation of 13 single detached residential lots, continue to be processed and that a subsequent report be prepared; and 3. THAT all interested parties listed in Report PSD-066-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by. q, Da Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer ATS/CP/df/nl/av 19 November 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-8 REPORT NO.: PSD-066-13 PAGE 2 1. APPLICATION DETAILS 1.1 Owner/Applicant: Gwendolyn Thiele, 1361189 Ontario Limited, & Claret Investments Limited 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Proposal: To place lands in appropriate zones to allow for the creation of 13 single detached residential lots by consent, and to define the environmental protection areas, all in accordance with the Hancock Neighbourhood Design Plan. 1.4 Area: 0.987 ha 1.5 Location: Part of Lot 27, Concession 3, former Township of Darlington, including 3252 Hancock Road, Courtice. 2. BACKGROUND 2.1 On September 30, 2013, D.G. Biddle & Associates Limited submitted an application to rezone lands on the south side of George Reynolds Drive, just west of Hancock Road, in the Hancock Neighbourhood. 2.2 Registered Plan of Subdivision 40M-2364 includes the lots along the north side of George Reynolds Drive, fronting Harry Gay Drive, and also Blocks 100 and 101 which are subject to this rezoning. Blocks 100 and 101, together with 3252 Hancock Road (Thiele lands) are the lands subject to this rezoning application. This application proposes to rezone the lands to allow 13 lots with frontage along George Reynolds Drive (approximately 31.6 metres deep) (Figure 1). 2.3 The recent revisions to the Hancock Neighbourhood Design Plan considered the development potential of these lands. The proposed lots are near a Provincially Significant Wetland (PSW). An 18 metre buffer (minimum) will be provided between the PSW and the rear of the proposed lots. Official Plan Amendment No. 80 to the Caarington Official Plan generally shows the lands to be protected and lands for development along the south side of George Reynolds Drive. 2.4 Based on an evaluation by Plan B supported by CLOCA, the Hancock Neighbourhood Design Plan was revised to illustrate 13 single detached residential lots fronting on George Reynolds Drive. The thirteen lots have been pre-serviced with municipal sanitary and water services. The existing dwelling at 3252 Hancock Road will become a corner lot at the southwest corner of George Reynolds Drive and Hancock Road on the reconfigured lot. Access to this lot will remain as is along Hancock Road, municipal sanitary and water services will be connected from George Reynolds Drive, and private services abandoned. 8-9 REPORT NO.: PSD-066-13 PAGE 3 2.5 During the review of the Hancock Neighbourhood Design Plan, the Central Lake Conservation Authority requested that Block 101 which was previously cleared of vegetation, and will now form part of the buffer to the proposed lots, be enhanced with replanting prior to development of the lots. A planting plan was submitted with the subject application. Any portion of the subject lands identified as PSW and buffer area would be placed in the Environmental Protection (EP) Zone as part of this rezoning application. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 Figure 1 (below) outlines the subject lands, proposed lot layout, surrounding uses and identifies the different ownership of land. The Environmental Protection area shown on Figure 1 reflects the Official Plan designation and the Hancock Neighbourhood Design Plan. The Environmental Protection area includes lands identified as Provincially Significant Wetlands and wooded areas. FIGURE 1 V„- "• `: •c. N Property Location Map(Courtice) n.4..v 'Er .4ti �u a .ry'i/. v.^. n�c.4•- �`•yy v.��v V•tii• •• •wEnvirbnmeritalProtec tio�AreS";,�o••ti�.�,: .cr vY Sl1EJECt a s a a a e e a QY L Existing Residential ti) o ---- 1 rrtrrsram axr K -- GEORGE REYNOLDS OR I Y J 7 BLOCK 100 PLAN 40M-2364 i = •U. r•ird; i�::t>:...•w]�;r:4:'A::. �'. .'1;;i' :h:. ,. 'Y•'. I �` Neighbourhood Park •' - — - ®Subject Site BLOCK-101 PLAN 40h1-2764 _ Lands Owned By Thiele K tyry _r ! Lands Owned By 1361189 Ontario Ltd v`� "4'•V V � `.•`hw� „}��`�-+,y,,k�� '"; '"`;+ _ 8 Claret Investments Ltd �w „�✓ •'t'y�iti nV W,'.v.�+.iJ�,�' U�lla 6J1 � q I v`.+ti�Y,rV .,y,4wv y`v•+ ��v„ .y`4.,�,K ]J C I `i �• �' - �4`"Environmental Protection'Area��' � �.4'c `��4u v^1Y, "''v,��.N` v-.4�4'y °.+4�'^°+y�•�v' y rr, •L V�•4a4,J'•wrt:�.M^c `�v.^c•..MVr 'y �X TBA 2M1 027 8-10 REPORT NO.: PSD-066-13 PAGE 4 3.2 Block 100 and Block 101 have been previously cleared of vegetation. The Thiele property is treed. A small portion of the PSW is present on Block 101, see Figure 2. 3.3 The surrounding uses are as follows: (See Figure 2) North - Existing residential lots along George Reynolds Drive South - Existing deep lots along Hancock Road, including wooded areas and Provincially Significant Wetlands East - Lands within Protected Countryside Area of Greenbelt West - Neighbourhood Park FIGURE 2 r ,�,E: � a li�t� � �� b la .• , --1 GEORGE REYNOLDS DR Y U i Z Ut IC0 y INN` vas fr io zs N d � HS1 Imp-nL' la�.naf m-��nd^ r� iV fit_' Nil u". 1� n1N ftOCP(14 &Cq( 10J reso CfEE�7 SPICE fCOIMbOfiFER) 7.50 M f� 1 Prownclally Significantt -,tland` q 9 Rt s A�jC ZSA 2013-0027 8-11 REPORT NO.: PSD-066-13 PAGE 5 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) promotes growth in settlement areas. The availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs must be taken into account. Planning authorities are required to provide for a range of housing types and densities. Development and site alteration shall not be permitted on lands adjacent to significant natural heritage features unless the ecological function of those natural heritage features have been evaluated and it has been demonstrated that there will be no negative impacts. 4.2 Provincial Growth Plan The Provincial Growth Plan directs growth to built-up areas where the capacity exists to best accommodate the expected population. The guiding principles include building compact, vibrant and complete communities while optimizing the use of existing and new infrastructure to support growth in a compact efficient form. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the lands as "Living Areas", which shall be used predominately for housing purposes. The proposed rezoning application would allow for the creation of the 13 lots, and would protect the natural heritage features, within an existing residential area. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands Urban Residential — Low Density. The lands are located within the Hancock Neighbourhood Design Plan. The lots that will be created will be consistent with the lots shown in the Hancock Neighbourhood Design Plan that was revised and approved by Council earlier this year. The PSW lands, buffer and wooded areas identified as Environmental Protection Area in the Official Plan would be zoned Environmental Protection. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone which does not permit urban residential uses, or provide appropriate protection to lands containing natural features. 8-12 REPORT NO.: PSD-066-13 PAGE 6 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject lands and a public meeting sign was erected along George Reynolds Drive and along Hancock Road. 7.2 At the time of writing this report one individual has contacted staff regarding the application. The nearby resident offered suggestions for the planting plan, which were forwarded to CLOCA for consideration. The resident also recommends that lighting in the rear yard of the lots be minimized and that any clearing avoid the bird breeding season. 8. AGENCY COMMENTS 8.1 Regional Planning Regional Planning finds that the proposal conforms to both the Growth Plan and Regional Official Plan. The Region also reiterates that CLOCA's approval on the protection of the nearby environmental features is required. Municipal water and sanitary services are available to each of the proposed lots including the existing dwelling at 3252 Hancock Road. Conditions will be imposed at the time of creating the lots, including the requirement to abandon the existing private well at 3252 Hancock Road once the dwelling is connected to municipal services. 8.2 Central Lake Ontario Conservation Authority CLOCA confirms that an extensive restoration planting plan must be implemented for Block 101 prior to development. The Planting Plan submitted with the application is not acceptable to CLOCA. To provide sufficient protection of the PSW, additional plantings, including Butternut trees, are required. CLOCA does not object to the rezoning of the lands, however it recommends that a Holding symbol be in place until the planting plan has been implemented to the satisfaction of CLOCA and the Municipality of Clarington. A permit from CLOCA will be required prior to development. 8.3 Kawartha Pine Ridge District School Board The school board has advised they have no objection to the rezoning application. Any students generated by the 13 proposed dwellings would attend Courtice North Public School and Courtice Secondary School. 8-13 REPORT NO.: PSD-066-13 PAGE 7 9. DEPARTMENTAL COMMENTS 9.1 Engineering Services Engineering Services has no objections to the rezoning. A subdivision agreement will be required prior to development proceeding, which will deal with such items as road restoration, sidewalk removal and replacement, curbs, driveway aprons, street trees, deposits and securities, and resolution of front-ending payments. 9.2 Emergency and Fire Services Emergency and Fire Service has no fire safety concerns with the proposal. 9.3 Building Division The Building Division has no objections. 10. DISCUSSION 10.1 The rezoning would change the current zoning of the lands from Agricultural (A) Zone which does not permit urban residential uses, to an urban residential zone that would permit the proposed lots. Eleven of the lots would have a minimum lot frontage of 15 metres, and two (2) would have a minimum lot frontage of 12 metres. 10.2 As part of this rezoning application, any portion of the subject lands identified as PSW, buffer area or woodlot would be placed in the Environmental Protection (EP) Zone. The EP Zone would be consistent with the Environmental Protection Area shown on Figure 1. 10.3 The proposed rezoning application is consistent with recently approved Official Plan Amendment No. 80 and the Hancock Neighbourhood Design Plan. Should the rezoning be approved, the applicant intends to apply to Regional Land Division Committee to create the lots. The owner will be required to enter into a development (subdivision) agreement with the Municipality of Clarington. 10.4 The purpose of the Public Meeting is to gather input from the public. A future report will be prepared once all staff and agency comments have been received and addressed, and once all issues are resolved. 11. CONCURRENCE — Not Applicable 12. CONCLUSION 12.1 The purpose of this report is to provide background information for the Public Meeting regarding a rezoning application to allow for the creation of 13 single detached residential lots, submitted by Gwendolyn Thiele, 1361189 Ontario Limited, & Claret 8-14 REPORT NO.: PSD-066-13 PAGE 8 Investments Limited. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Taylor Scott, Planner II List of interested parties to be advised of Council's decision: Gwendolyn Thiele 1361189 Ontario Limited Claret Investments Limited D.G. Biddle &Associates Limited 8-15 Clarftwn REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 25, 2013 Resolution#: By-law#: Report#: PSD-067-13 File#: S-C-2013-0001 & ZBA 2013-0003 Subject: PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A 114 UNIT RESIDENTIAL DEVELOPMENT APPLICANT: POLLUX DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-067-13 be received; 2. THAT the application for a proposed Draft Plan of Subdivision and rezoning, submitted by Pollux Development Inc. for the development of a 114 unit residential development continue to be processed and that a subsequent report be prepared; and 3. THAT all interested parties listed in Report PSD-067-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: David J. ome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer ATS/CP/df/nl/av 19 November 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-16 REPORT NO.: PSD-067-13 PAGE 2 1. APPLICATION DETAILS 1.1 Owner/Applicant: Pollux Developments Inc. 1.2 Agent: Tunney Planning Inc. 1.3 Proposal: Proposed Draft Plan of Subdivision To allow the development of 114 residential units, including 29 single detached residential units, and 85 medium density (townhouse) units, roads and related services. Rezoninq To rezone the lands from the existing residential zones to appropriate zones that permit the uses as presented in the draft plan of subdivision. 1.4 Area: 3.8 hectares 1.5 Location: Part of Lot 2, Concession 12, Former Town of Bowmanville (southeast quadrant of Scugog Street and Concession Road 3) 2. BACKGROUND 2.1 On February 22, 2013, the applicant submitted incomplete applications for a draft plan of subdivision and rezoning. Following the submission of all the necessary plans and supporting studies, the applications were deemed complete on October 31, 2013 and a public meeting was scheduled. 2.2 The lands were the subject of a previously approved 74-unit plan of subdivision (18T-89044 & DEV 89-58). The draft approval lapsed in 2010 therefore it is necessary for the owner to reapply to obtain approval for development of the lands. In doing so, the design of the subdivision has been modified. 2.3 The applicant has submitted the following studies in support of the application which are currently under review: • Traffic Assessment ® Sustainability Statement • Archaeological Assessment ® Functional Servicing Report ® Noise Impact Study ® Tree Preservation Plan • On-street Parking Plan ® Preliminary Site Plan for Medium Density Block 8-17 REPORT NO.: PSD-067-13 PAGE 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is relatively flat with some vegetation and trees, but vacant of structures 3.2 Figure 1 (next page) illustrates the surrounding uses, as follows: North - Draft approved residential lots within the North Glen Neighbourhood, plans of subdivision (S-C-2007-0004 & S-C-2007-0005) South - Single detached residential units within a registered plan of subdivision East - One existing residential lots and vacant draft approved a plan of subdivision (S-C-201 1-0001) West - Single detached residential units with a registered plan of subdivision on the west side of Scugog Street 3.3 The proposed Draft Plan of Subdivision and preliminary site plan for the medium density block are included as Figure 1 and Figure 2, respectively. 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The PPS encourages a compact built form which supports the development of transportation systems that minimize the length and number of vehicle trips and also supports the development of viable choices and plans for public transit. A full range of housing types and densities are to be provided to meet the projected requirements of current and future residents of the regional market area. 4.2 Provincial Growth Plan The Growth Plan requires municipalities to manage growth, and encourages the creation of complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. Natural heritage features that complement, link or enhance natural systems shall be identified and protected. The subject lands are within the greenfield area, that is outside of the built-up area. In greenfield areas, growth is to make efficient use of services and infrastructure and be compact and transit-supportive. Reducing dependence on the automobile through the development of mixed use, pedestrian-friendly environments contributes to achieving complete communities. The Growth Plan requires municipalities to achieve a minimum density target that is not less than 50 residents or jobs per hectare in the designated greenfield area and is measured across the Region of Durham. The proposed draft plan of subdivision would generate approximately 81 residents per hectare. 8-18 W QProperty Location Map(Bowmanville) DRAFT 0 N II t�t' t �I.I 1 APPROVED W DRAFT APPROVED PLAN OF SUBDIVISION PLAN OF S-C-2007-0005 Jt] SUBDIVISION 0 S-C-2007-0004 75 11 D Subject I Site — CONCESSION ROAD 3 ice' ��S�N nAd, 9011 \ l✓s - f�9 _ Uj- �—Pibposed Towriho�sej B� ock (\ Una �� 5 w (Up To 65�Units) I DRAFTAPPROVED v� = PLAN OF .> V' w 111 SUBDIVISION 1 'J it W S-C-2011-0001 [[ J �pp� / 29 �5 2/ \� 26I 45 II 24 23 22 21 20 13 78 17 Cn I V 0 COURT'NE" STREET U Z M U T- 1 8 5 'G '1 I� IS IS IS 16 T � I to O EXISTING IIREE IDENTIAL COLVILLE AVENUE z o �� W i � a/ ZBA 2013-0003 r I 00 C:) cli I 00 LA LU CL .......... ITA CONCEPTUAL SITE PLAN "'A To C-m s CC DRA.;I P�.A%Cr SuS T - .1 ',4 7DR-Ig, P. 1. 4, w 70T L07 i!UN'!,'JPAL!,TY Uf I�W:W�AR Cq Site Statistics WDIVAM%il _D Wm '6 154�iv IT-- 1�1� OV _LZ .5 PAMIM) J_ LL "_j _' <N'ESI j 'F.I l I, L 2 2! 19 18 7 241 ------------ ............ r. 011 F"N CE—TI,FIF_HR 71 2 Ji Ln Pollux Developripms A Bowmanville TrIllf-3 PES!O"EN M� L CL LU REPORT NO.: PSD-067-13 PAGE 6 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan Within the Durham Regional Official Plan, the lands are designated as Living Area. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. In consideration of development applications in designated Living Areas, regard shall be had for the intent of this plan to achieve the following: • A compact urban form; • The use of good urban design principles; • The provision of convenient pedestrian access to public transit, educational facilities and parks; • A grid pattern of roads; • The provision and distribution of parks, trails and pathways and educational facilities; • The types and capacities of the existing municipal services, infrastructure and the feasibility of expansion; and • The balance between energy efficiency and cost. 5.2 Clarington Official Plan Within the Clarington Official Plan, the subject lands are designated Urban Residential, with a Medium Density symbol. The use of land in the Urban Residential designation is predominantly for single and semi detached housing with a net density no greater than 30 units per net hectare. Medium Density development is generally between 31 and 60 units per net hectare and in form of townhouses and/or low-rise apartments (up to 4 storeys). The lands are within the Knox Neighbourhood of the Bowmanville Urban Area, which has a population allocation of 5350 and a housing unit target of 1950. Concession Road 3 and Scugog Street are Arterial Roads. The medium density block is located at the intersection of these roads but access is obtained internally off of Courtney Street. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands a mix of urban residential zones ((H)R1, (H)R2 and (H)R3) and reflects the previous draft approved plan of subdivision that has lapsed. A rezoning is required to implement the proposed draft plan of subdivision. 8-21 REPORT NO.: PSD-067-13 PAGE 7 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 sign was installed along both Concession Road 3 and Scugog Street. 7.2 As of the date of writing this report, staff has been contacted by three (3) individuals on this file. One local resident contacted staff before the application was deemed complete and obtained more information on the development. Another local resident attended the Planning counter with concerns that Colville Avenue would be connected to Scugog Street. He was informed that this was not the case and the cul-de-sac would remain. A third resident of Colville Avenue contacted staff with concerns about pedestrian safety and traffic generated by the development. This resident believes that adding traffic in an area where congestion is already evident around Charles Bowman Public School will exacerbate the problem. A copy of the traffic report was provided as requested. 8. AGENCY COMMENTS 8.1 Kawartha Pine Ridge District School Board The school board has advised they have no objection to the applications. Any students would attend Charles Bowman Public School and Bowmanville High School. 8.2 At the time of writing this report, some circulated agencies have not yet provided comments, including Regional Planning and Central Lake Ontario Conservation Authority (CLOCA). All comments will be summarized in the subsequent staff report. 9. DEPARTMENTAL COMMENTS 9.1 Engineering Services Engineering Services indicates that the Traffic Assessment submitted with the application is currently under review. Preliminary grading and servicing details are acceptable and will be further reviewed at the detailed design stage. As services are not yet constructed to the site, development cannot proceed until the Municipality has approved the reconstruction of Scugog Street from Bons Avenue to Concession Road 3 to a full urban standard. The owner will be responsible to make a financial contribution to the oversizing of the storm sewer from Bons Avenue to Courtney Street, as determined by the Director of Engineering Services. 8-22 REPORT NO.: PSD-067-13 PAGE 8 The access for the medium density block along Courtney Street may be too narrow to accommodate an end-townhouse unit, driveway and pedestrian connection, landscaping, etcetera. The location of the driveway may also be impacted by a potential temporary turning circle at the terminus of Courtney Street, should this site develop before the subdivision to the east. This issue will need to be reviewed further. Other comments to be addressed during the review of the application include: • Provision of sight triangles, road widenings and reserves; • Removal/construction of temporary turning circles; • On street parking; and • Tree preservation. I 9.2 Emergency and Fire Services A temporary turning circle would be required at the terminus of any dead-end streets, depending on phasing. 10. DISCUSSION 10.1 The subject lands are within the Bowmanville urban area and are designated for residential development. The lands can be serviced by the extension of water, sanitary sewer and storm sewer services from the south. 10.2 The proposed plan of subdivision provides for a logical extension of development and street patterns that either exist or are approved in the vicinity of the subject lands. The location of a medium density block at the intersection of two arterial roads is appropriate but it may be preferable to provide for direct access and minimize infiltration in the neighbourhood. However, this requires further review. 10.3 The vegetation features on the site are not significant from an environmental perspective but may be considered for preservation as landscape features. 10.4 The applicant submitted a preliminary site plan for the medium density block to demonstrate how the site can develop. Development of the block will require site plan approval which would proceed after the subdivision and rezoning process. Among other site plan matters, the layout of internal roads and townhouse units will be subject to further review and the design of the block may change through the site plan process. 10.5 Cash-in-lieu of parkland will be required from the developer. 10.6 The purpose of the Public Meeting is to gather input from the public. A future report will be prepared once all staff and agency comments have been received and addressed, and once all issues are resolved. The future staff report will provide a summary of the studies submitted in support of the application. 8-23 REPORT NO.: PSD-067-13 PAGE 9 11. CONCURRENCE — Not Applicable 12. CONCLUSION 12.1 The purpose of this report is to provide background information on the proposed draft plan of subdivision and rezoning submitted by Pollux Developments Inc. Staff will continue processing the applications including the preparation of a subsequent report upon resolution of the identified issues. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Taylor Scott, Planner II List of interested parties to be advised of Council's decision: Pollux Developments Inc. Tunney Planning Inc. Gavin Lowe Mike Selkirk Randy Henning 8-24 RLeading ' the Way REPORT PLANNING SERVICES DEPARTMENT 1 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 25, 2013 RESOLUTION #: By-law #: Report #: PSD-068-13 File #: RE 6.14.9 and RE 4.11 Subject: DECLARATION OF SURPLUS PROPERTY PARTS 2 AND 3, REFERENCE PLAN 40R-22242 DARLINGTON BOULEVARD, COURTICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-068-13 be received; 2. THAT Council declare, the property identified as Parts 2 and 3 on Plan 40R-22242, Darlington Boulevard, Part Lot 35, Concession 2, former Township of Darlington, as shown in Figure 1, as surplus and offered for sale with the conditions that a public walkway and inter-parcel vehicle access laneway be maintained; and 3. THAT all interested parties listed in Report PSD-068-13 be advised of Council's decision. Submitted by: Y: Reviewed b �l Davi . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer FL/DJC/sn/df 18 November 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 8-25 REPORT NO.: PSD-068-13 PAGE 2 1. PURPOSE 1.1 To have Parts 2 and 3 of Plan 40R-22242 declared surplus; and Staff authorized to enter into negotiations with the potential purchaser of the property. Figure 1 — Location Property Location Map(�(Courtice) N Y 'f �'llll11C� ®1427 �rI Rm,ilelc�I{Rr it I'I ALE PARK OR aUkll`'--ti OUkIfA),„{ F? ,_I lTLT1 Trrl{ VAw _ - 1 V GATE I'll Cn O Part 3 � 0 ” y Co llf N C i r, O Kq i X Part 4 4 � ---- 86 • c nr Subject Property-Part of ®Reference Plan 40R-22242 84 8 • • RE 4.11 RE 6.14.9 0 4 Darlington Boulevard,Courtice u 10 • 80 • 2. BACKGROUND 2.1 By-law 2011-011, being a by-law to establish procedures governing the sale of real property, states that from time to time the Director of Planning Services may: • identify real property that should be declared surplus; • report to Council recommending a particular real property to be declared surplus, setting out the reason(s) why; and • obtain at least one appraisal of the fair market value of the real property, unless an appraisal is not required under the Municipal Act. 2.2 The parcel is on the west side of Darlington Boulevard and is identified as Parts 2 and 3 on Plan 40R-22242 (Figure 1). Planning Services Report PSD-087-03 was presented to Council on June 23, 2003, and at that time Council approved the acquisition of Parts 2, 3, and 4 on Plan 40R-22242 from The Waltzing Weasel. The owners retained Part 1 for an extension of their parking lot area. Part 2 was to become part of a future motor vehicle laneway from Darlington Boulevard westward to Townline Road. Part 3 is a 8-26 REPORT NO.: PSD-068-13 PAGE 3 pedestrian walkway connection from Darlington Boulevard to Foxhunt Trail. Part 4 was previously declared surplus and could be offered for sale as a residential lot at any time; however, it does not have full services and as such has been held by the Municipality awaiting full servicing. 2.3 Interest has been expressed in the acquisition of Parts 2, 3 and 4 as part of the commercial development of the property to the north and west. As Parts 2 and 3 were acquired for specific purposes; those purposes would become conditions of any purchase and sale agreement for the parcels, however the conditions could be fulfilled on other portions of the adjacent properties. Figure 2 -Aerial dr Part 2 v Part4 m � 5c 7 86 c 1 r r— 'm � t t , 2.4 Other conditions with regard to the need for Official Plan and zoning amendments, site plan and related matters will be included in the purchase and sale agreement which will be brought to Council once negotiated. 2.5 A confidential,memorandum is circulated separately regarding the expression of interest in the site. 8-27 REPORT NO.: PSD-008-13 PAGE 4 3. NEXT STEPS 3.1 The next step in the disposal process to dispose of this municipal property would be to have an appraisal prepared and enter into negotiations with the potential purchaser. In this case because of the conditions attached to the sale of Parts 2 and 3, the logical purchaser is the adjacent (to the north and west) property owner. The acquiring property owner will be responsible for ensuring the proposed use meets the Official Plan and Zoning By-law or seek approval of required amendments. 4. CONCURRENCE — Not Applicable 5. CONCLUSION 5.1 Part 4 on Plan 40R-22242 was declared surplus by By-law 2005-132 and could be sold at any time. Parts 2 and 3 on 40R-22242 were acquired to facilitate the construction of the Foxhunt Trail walkway and the motor vehicle laneway access from Darlington Boulevard to Townline Road, they can be declared surplus providing these conditions are negotiated as part of their acquisition. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to' the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Faye Langmaid List of interested parties to be advised of Council's decision: David White, c/o.Cachet Property Mgt. 8-28 Q ) DD ewfl 12rPow-oT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date- November 25, 2013 Resolutiong: fly-!IaV M�: RetporWx PSD-070-13 Fileg: GEA 2013-002, cG'EA 2013-003 Subject: REQUEST FOR COUNC L SUPPORT RESOLUTIONS UNDER GREEN ENERGY ACT: ROOF-TOP SOLAKI FIT PROJECTS AT 4532 HWY. 2 AND 9 NIEWTOONVILLE MILL ST., NEWTONVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-070-13 be received; 2. THAT Council approve the resolutions contained in Attachments 1 and 2 supporting the FIT applications by Elizabeth Anne Stapleton and Stapleton Auctions, at 4532 Hwy 2 and 9 Newtonville Mill St., Newtonville; and 3. THAT all interested parties listed in Report PSD-070-13 be advised of Council's decision. c Submitted by: Reviewed by: David J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer KK/FL/sn/nl 18 November 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-29 REPORT NO.: PSD-070-13 PAGE 2 1. BACKGROUND 1.1 The FIT (feed-in tariff) and microFIT programs were created under the Green Energy Act and are meant to support small and large scale clean energy generation projects which will feed such energy back into the Ontario electrical grid, with the electricity generated paid for by the Ontario Power Authority (OPA). Through these programs, OPA enters into contracts with property owners and businesses to purchase the energy produced. 1.2 FIT applications are now reviewed based on a point system. A Council resolution supporting a proposed FIT application has greater chance of being accepted by the OPA. 2. REQUESTS FOR RESOLUTIONS 2.1 Two new requests under the FIT 3.0 program have recently been received seeking Council Resolutions in support of projects on abutting properties at 4532 Highway 2 and 9 Newtonville Mill Street, Newtonville. Figure 1 — Subject Sites Property Location Map(Newtonville) N i9 Subject $Res is x t' I � . -•®, t. .1+S�H,,{,A lYt7F5 CR A GEA 2013-002 GEA 2013-003 :zQlr � L � l' owners: o F — Elizabeth Anne Stapleton &Stapleton Auctions 8-30 REPORT NO.: PSD-070-13 PAGE 3 2.2 4532 Highway 2, Newtonville 2.2.1 Proposal Simplistic Technologies, on behalf of the applicant/owner, Elizabeth Anne Stapleton, has requested Council support for a rooftop solar project at 4532 Highway 2, Newtonville (Figure 1). The project would have a nameplate capacity of 30kW of electricity generated by (120) 250 Watt modules, tilted at 30-35 degrees. 2.2.2 Comments The subject property is located at 4532 Highway 2, Newtonville. The property is zoned "Hamlet Commercial Exception (C3-2) Zone" and is being used as an auction place. The building is a primary heritage structure; it has the potential to be designated for its art deco architectural style and cultural history as a former BA station. The rooftop solar panels are proposed to cover most of the flat roof of the existing commercial auction building on the property. The panels will be tilted but the parapet wall will partially obstruct the view. The adaptive reuse of heritage properties and structures to maintain their viability is encouraged. �^� 1 la1T 1i AW RICAN DEAL14 ., MEN �No 8-31 REPORT NO.: PS®-070-13 PAGE 4 The following chart reviews the project against the checklist: Topic Description Strategic Plan The proposed project complies with the strategic plan's objectives Conformity of"Promoting green initiatives" and "Promoting economic development". Community Benefit The revenue from the rooftop solar project will contribute to the local economy as both the applicant and the solar developer are locally- wned and operated businesses. Financial Burden on None identified. Clarington Community Given the nature and size of this project, community consultation is Consultation not warranted under the provincial Renewable Energy Approvals process. Property Use Risk Project is being proposed on an existing commercial building and Mitigation does not constitute the primary use of the property. OP Policies This application is consistent with Official Plan policies. Zoning Regulations This application is consistent with Zoning By-law regulations. 2.3 9 Newtonville Mill St., Newtonville 2.3.1 Proposal Simplistic Technologies, on behalf of the applicant/owner, Stapleton Auctions, has requested Council support for a rooftop solar project at 9 Newtonville Mill St., Newtonville. (Figure 1) The project would have a nameplate capacity of 30kW of electricity generated by (120) 250 Watt modules. 2.3.2 Comments The subject property is located at 9 Newtonville Mill St., Newtonville. The property is zoned "Hamlet Commercial Exception (C3-2) Zone" and is being used as a storage facility for the auction business. The building is a primary heritage structure; it has the potential to be designated for its cultural history as a former grist mill. The rooftop solar panels are proposed to cover the entirety of the south facing side of the pitched roof of the existing commercial building on the property. The solar panels will be visible on the south side of the pitched roof. The adaptive reuse of heritage properties and structures to maintain their viability is encouraged. 8-32 REPORT NO.: PSD-070-13 PAGE 5 The following chart reviews the project against the checklist: Topic Description Strategic Plan The proposed project complies with the strategic plan's objectives Conformity of "Promoting green initiatives" and "Promoting economic development". Community Benefit The revenue from the rooftop solar project will contribute to the local economy as both the applicant and the solar developer are locally-owned and operated businesses. Financial Burden on None identified. Clarington Community Given the nature and size of this project, community consultation Consultation is not warranted under the provincial Renewable Energy Approvals process. Property Use Risk Project is being proposed on an existing commercial building and Mitigation does not constitute the primary use of the property. OP Policies This application is consistent with Official Plan policies. Zoning Regulations This application is consistent with Zoning By-law regulations. 3. CONCURRENCE — Not Applicable 4. CONCLUSION 4.1 Staff recommend that the resolutions for 4532 Highway 2 (Attachment 1) and 9 Newtonville Mill St. (Attachment 2) be endorsed by Council. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: x Promoting economic development Maintaining financial stability Connecting Clarington X Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Kristy Kilbourne, Contract Planner 8-33 REPORT NO.: PSD-070-13 PAGE 6 Attachments: Attachment 1 — Draft FIT Resolution, 4532 Highway 2, Newtonville Attachment 2 — Draft FIT Resolution, 9 Newtonville Mill St., Newtonville List of interested parties to be advised of Council's decision: Imran Mohammed, Simplistic Technologies Elizabeth Stapleton 8-34 ATTACHMENT 1 TO REPORT NO.: PSD-070-13 WHEREAS Elizabeth Anne Stapleton (the Applicant) proposes to construct and operate a rooftop solar array (the "Project") on 4532 Highway 2, Newtonville (the "Lands") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the FIT Rules, Version 3.0, applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the Municipality of Clarington supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. 8-35 ATTACHMENT 2 TO REPORT NO.: PSD-070-13 WHEREAS Stapleton Auctions (the Applicant) proposes to construct and operate a rooftop solar array (the "Project") on 9 Newtonville Mill Street, Newtonville (the "Lands") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the FIT Rules, Version 3.0, applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the Municipality of Clarington supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. 8-36 0 Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 25, 2013 Resolution #: By-law #: Report #: PSD-071-13 File #: PLN 25.1.51 Subject: STREET NAME CHANGES IN THE CLARINGTON ENERGY BUSINESS PARK AND SOUTH SERVICE ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-071-13 be received; 2. THAT the street name changes be approved, provided there are no significant issues raised at the meeting; 3. THAT the attached By-law (Attachment 1) be passed to rename Solina Road south of Highway 401 and the east-west segment of Osborne Road to Crago Road; 4. THAT by-laws be forwarded to Council for the renaming of South Service Road and Courtice Road south of the Highway 401 interchange, at such time as the road construction is nearing completion as outlined in Section 3.5 of Report PSD-071-13; 5. THAT property owners and business tenants receive a goodwill payment recognizing the inconvenience and time associated with the street name changes as identified in Section 4.1 of Report PSD-071-13; 6. THAT a copy of this Report-and Council's decision be forwarded to the Durham Regional Police Service and the Region of Durham Planning and Economic Development Department; and 7. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by:t. DaAT.3rr6mev, MCIP, RPP Franklin Wu, Directo of Planning Services Chief Administrative Officer BR/CP/nl/av/df 20 November 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 8-37 REPORT NO.: PSD-071-13 PAGE 2 1. PROPOSAL 1.1 Council, at their Meeting of September 16, 2013, passed a resolution authorizing staff to process, with newspaper advertising, the renaming of: ® the portion of Solina Road south of Highway 401 together with the portion of Osborne Road extending east from Osborne Road to Solina Road, to Crago Road, with the fee for Ms. Crago's request for the above street name changes being waived by Council; ® the portion of South Service Road east of Solina Road to Waverley Road, to Energy Drive; the portion of South Service Road west of Solina Road to an energy themed name; and • the portion of Courtice Road south of the (future) intersection with Energy Drive to an alternate name, potentially with a waterfront theme. o� a 0 w Q °a o 0 0 > (� o M QO o South Service y HO To Megawatt South Service To Energy G'P HIGHWAY - -- 401 W NE G SOUTH s I w m DRIVE V' ° Soling > To Crago R G Osborne D Courtice To To Crago Courtice Shores Roads To Be Renamed Lake Ontario 2. PUBLIC INFORMATION SESSION 2.1 Staff organized and attended a public information session at the South Courtice Arena in an effort to provide information on the proposed changes and to get input from affected property owners and tenants. Notices were sent by first class mail to all affected landowners and as many tenants as could be located. Only one Courtice resident attended. He was not directly affected by the proposed street name changes. He supported the name change for South Service Road east of Osborne and Courtice Road south of Highway 401. 8-38 REPORT NO.: PSD-071-13 PAGE 3 3. PROPOSED NAME CHANGES 3.1 Osborne and Solina Road The renaming of both the south end of Solina Road and the east-west portion of Osborne Road to Crago Road was requested by Ms. Shirley Crago on the basis that the Cragos have owned the land, on either the east or west sides of Solina Road for over 100 years. Ms. Crago currently owns lands on the west side of the road. The road name will be a remembrance to a related Crago — Mr. Percival Crago, a First World War dead. The street name sign will have a poppy symbol. 3.2 South Service Road west of Solina Road South Service Road from Solina Road to Waverley Road will be renamed Energy Drive. This will extend a prominent road, taking an obvious energy name and using it to unify the energy business park witty the nuclear generating station. It will serve to brand the area as one of a key target area of investment attraction, including industries involved in refurbishment. 3.3 South Service Road in the Energy Park Renaming the portion of South Service Road west of Solina Road was intended to involve an energy-themed name. The public did not express a preference for any name therefore, staff chose one of the pre-approved energy-themed names — Megawatt. 3.4 Courtice Road The portion of Courtice Road south of the (future) intersection with Energy Drive is required to be renamed as it will not be connected to Courtice Road which will remain north of the Highway 401 interchange. Courtice Shores Drive was prompted by the desire for a waterfront-themed name. 3.5 Timing of Road Name Changes It is anticipated that the implementation will proceed with the following transition timing: a) the renaming of Solina Road and Osborne Road to Crago Road would be effective February 1, 2014; b) the renaming of South Service Road to either Energy Drive or Megawatt Road would occur following the relocation and reconstruction of a portion of South Service Road in association with the construction of a new Holt Road/Hwy 401 interchange. This is expected to be effective in early 2015; and c) the renaming of Courtice Road south of the future intersection with Energy Drive to Courtice Shores Drive occur through the realignment and construction of Courtice Road to meet the Energy Drive intersection, expected to be completed mid 2014. 4. GOODWILL PAYMENT 4.1 Council approved a policy for remuneration related to street name changes at the time street names were being changed to address the requirements of unique address 8-39 REPORT NO.: PSD-071-13 PAGE 4 identifiers associated with implementation of Region wide 9-1-1 system in 2001 (Attachment 1). Staff are recommending that a similar approach be used to provide a token payment recognizing the inconvenience and costs associated with a street name change. It is not meant to cover actual costs or time but is a goodwill gesture. 4.2 The updated goodwill payment is as follows: 1. Residential owners and tenants $75.00 2. Business and institution owners and tenants $200.00 4.3 The preliminary estimate of the number of properties affected by the street name changes, based on the recommended remuneration rate would be approximately $3500, excluding Ms. Crago who requested the street name change and was exempted by Council from paying an application fee. Planning Services will budget for these fees in the 2015 budget, as this primarily impacts the businesses along South Service Road. 5. COMMENTS 5.1 In accordance with Council's resolution the proposed street name changes were advertised. The completion date for the advertisements within the local newspaper was November 20, 2013. No objections or comments have been received as of the writing of this report in response to the published notice. 5.2 The Region of Durham has advised that they have no objection to the street renamings. Provided that there are no objections raised at the Meeting, it is recommended that the street name changes be approved. 5.3 Planning Staff will advise all agencies and departments of the proposed street name change and proposed timing. 6. CONCLUSION 6.1 It is respectfully recommended that proposed street name changes be approved and that staff be authorized to make goodwill payments as outlined in Section 4. 8-40 REPORT NO.: PSD-071-13 PAGE 5 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Robert Lee Russell, Planner II Attachments: Attachment 1 - By-law Parties to be notified of Council's decision on file in the Planning Services Department 8-41 ATTACHMENT TO REPORT PSD-071-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2013- being a By-law to amend municipal street names in the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it expedient to amend certain municipal street names in the Municipality of Clarington; NOW THEREFORE BE IT ENACTED as By-law for the Municipality of Clarington, as follows: 1. Change the name of the portion of Solina Road south of Highway 401 to Crago Road, and the portion of Osborne Road extending east from Osborne Road to Solina Road, to Crago Road; 2. The effective date of this by-law is February 1,2014. BY-LAW passed in open session this day of 2013 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-42 Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: 25 November 2013 Resolution#: By-law#: Report#: PSD-072-13 File#: S-C-2007-0002 & 40M-2419 Subject: NOISE FENCE FOR LOTS ON WEST SIDE OF VIVIAN DRIVE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-072-13 be received; and 2 THAT all interested parties listed in Report PSD-072-13 and any delegations be advised of Council's decision. Submitted by: _ Reviewed b� D id . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CP/df 19 November 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40EMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 8-43 REPORT NO.: PSD-072-13 PAGE 2 1. BACKGROUND 1.1 At the November 4 Council meeting a letter was received from Mr. Franklin with respect to traffic levels on Trulls Road north of Nash Road and noise levels in the rear yards of the Vivian Street homes abutting the east side of Trulls Road. Following discussion on the correspondence Council requested a report from staff. 2. CORRESPONDENCE 2.1 In the letter dated October 24, 2013 Mr. Franklin states that the Purchase and Sale documentation, sales literature from Halminen Homes, title and other pertinent legal documentation have all been reviewed and they contain no reference to the front yard and/or veranda of the lot providing the required amenity area. Nor do the residents recall being verbally informed of this by any of the Halminen sales representatives. As a result Mr. Franklin's letter requests written evidence be provided whereby sales documents for lots 1-13, and the subdivision agreement inform purchasers of the front yard and/or veranda of the lot were providing amenity area as prescribed by the Ministry of the Environment. The letter also requests a second sound study be undertaken when the Trulls Road reconstruction is complete and an updated traffic study is undertaken in the Spring of 2014. 3. SUBDIVISION AGREEMENT 3.1 Attachment 2 to the report contains excerpts from the subdivision agreement which is registered on title. The agreement identifies provisions and warning clauses related to noise to be included in the offers of purchase and sale for lots within the subdivision. Those provisions are summarized as follows: i. Section 4.12 (20) identifies the noise report submitted in support of the plan of subdivision and that the Owner shall implement the recommendations therein; ii. Section 4.12 (21) Identifies that Owner shall, in the Purchase and Sale Agreement advise homeowners that in order to achieve acceptable noise attenuation levels between 55 and 60 dBA, the outdoor amenity area for lots 1 — 13 is located in the front yard and/or veranda of the dwelling; iii. Section 4.12 (22) identifies different warning clauses related to noise to be inserted into offers of Purchase and Sale of various lots; and iv. Section 4.12 (24) identifies that a chain link fence will be located on the rear property line and that a cedar hedge is to be planted. Furthermore, it requires the Owner, through the Purchase and Sale Agreement to advise purchasers that they will be responsible for the maintenance of the cedar hedge (including watering, fertilizing and trimming) and shall not remove it. 8-44 REPORT NO.: PSD-072-13 PAGE 3 4. PURCHASE AND SALE AGREEMENTS 4.1 Staff contacted the builder to get copies of information provided to purchasers with regard to noise and amenity space at the time of the initial sales. The builder has provided copies of Schedules "D-2"— Condition on Solicitor and Schedule "W" -Warning Clauses which were identified as part of their standard Purchase and Sale Agreements. Schedule "W" contains the warning clauses identified in the Noise Attenuation report and specified in Section 4.12 (20), (22) and part of (24) of the Subdivision Agreement. A warning clause related to Subsection 21 is not included. 4.2 The builder indicated that Schedule "D-2" provided opportunity for purchasers to have their solicitor review the agreement and its' obligations. In addition, the builder advised that at the preconstruction meeting with each purchaser a 'grade sheet' was prepared and reviewed for each property. Attachment 4 contains a typical grade sheet that the builder's representative advised they reviewed with each purchaser. In the case of Lots 1 to13 the grade sheet identifies a 56 m2 outdoor amenity area as being at the front of the dwelling and/or veranda. 5. CONCURRENCE — Not Applicable 6. CONCLUSION 6.1 The Municipal Law Enforcement staff of the Clerk's Department have reviewed the request to do a follow up noise monitoring in the spring once the Trulls Road reconstruction work is completed. Law enforcement staff will coordinate the monitoring with the Engineering Departments proposed spring traffic study. 6.2 Subsection 4.12(21) of the Subdivision Agreement clearly identifies that the outdoor amenity area for Lots 1-13 is located in the front yard and/or veranda of the dwelling. The agreement is registered on title for any purchaser or their solicitor to review. 6.3 Based on the information provided, it appears that the Purchase and Sale Agreements warn that for Lots 1 to 13 sound levels exceed Ministry of the Environment criteria and said noise levels may interfere with activities of the dwelling occupants. However, it also appears that the Purchase and Sale Agreements did not contain the warning clause identified in Subsection 4.12(21) of the Subdivision Agreement. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Carlo Pellarin Attachments: Attachment 1 - Mr. Franklin's Correspondence dated October 24, 2013 Attachment 2 - Memorandum from A.S. Cannella dated September 24, 2013 Attachment 3 - Excerpts from Subdivision Agreement Attachment 4 - Builder's Purchase and Sale Information 8-45 REPORT NO.: PSD-072-13 PAGE 4 List of interested parties to be advised of Council's decision: George Franklin Courtice Homestead Land Corp. 8-46 ATTACHMENT 1 -..,TO REPORT PSD-072-13 OU 7 2013 PAUNICIPALITY OF CLARINGTON PLANNING DEPARTMENT U'cmm�l October 24,2013 _ Jss ly C;1UIC,:L C� i,�Ni;;iL Q Fii.E Municipal Clerk coy 7171 Director-Patti Barrie The Municipality of Clarington 40 Temperance Street Bowmanville ON � u E:;l3�i!%'�,i::3 �ii:IP;i�IPAI Q r1i:E:Xt:iic L 1 C 3A6 . f�PL•,,,.,» _ .•L:cl,_s�jr��r,y��asus'r� Dear Ms.Barrie A4UNICIPAL CIKR!ti S SILO•�,_.,��_„�,�, Re: Trolls Road Noise and Traffic Counts Thank you for'the response to the letter and petition of May 28,2013 with the July 12, 2013,R,Albright to Vivian Street Residents;RE:Trulls Road Reconstruction Works- West Side of Vivian Drive,Report No. -PSD-044-13. We would like to bring to your attention the following additional information- Per a memo dated September 24,2013 from A.3. Cannella to the Mayor,Members of Council and F.Wu,a summary of the results of noise measurements taken at my property August 8-9, 2013 and determination traffic volumes on Trulls Road July 8-14, 2013 were provided, The memo describes the noise levels attained during an approximately 24 hour period and showed that ambient sound levels varied from 42.1 decibels(dB)to 52.6 dB. Traffic sound levels ranged from lows of 64,7 dB/79.2 dB to highs of 90.2 dB/993 dB. Typically,human speech is carried out between 55 acid 65 dB. The memo also provides an estimate of AADT of 3800 vehicles per day on Trulls Road from Vivian Drive to Billet Gate based upon a temporary radar board installed July 8 through 14,2013. The memo states though this time of year was not indicative of optimal(higher)traffic volume periods of the year to do such studies and hence another traffic count is planned for Spring of 2014. Another sound level study should also be conducted at this time again since the Trulls Road Re-construction Works, which commenced Fall 2013 should be complete as well. 8-47 c With respect to an earlier document pertaining to sound levels for this development, namely Report No.:PSD-100-09,this document alluded to three possible means of noise abatement,namely a berm, an acoustic fence or utilization of the front(east) side of the dwellings abutting the east side of Trulls Road as an Outdoor Amenity Area(OAA). The berm option was ruled out due to interference with wetlands and realignment of the subdivision to the west and staff did not support the option of the OAA in the rear yard with an acoustic fence. This left the third option. Further actions were proposed by the developer in planting cedar hedg6s along the rear yards or the Trulls Road frontage. However, another document produced by D.G.Biddle&Associates "Limited, Consulting Engineers discussed the noise level guidelines and criteria in the context of Ministry of Environment(MOE)requirements for L6ts 1 through 13 on Vivian Drive. Section 2.1 Outdoor Amenity Space of this document states that if"these noise..levels exceed 60 dBA,appropriate noise abatement measures such as acoustical fences, berms, increased building setbacks or reorientation of dwelling units and lots must be employed to reduce noise levels." As described by the September 24,2013 memo,the limit of 60 dBA is clearly being exceeded. Section 4.2 Anticipated Noise Levels of the Biddle document outlines two options for the OAA. Option 1 was.to locate the OAA at the front of the dwelling and Option 2 was to locate the OAA in the rear yard and provide a noise attenuation fence/berm. Section 5.2 describes that in absence of mitigating measures,Lots 1-13 will exceed 60 dBA and recommends a 2.75 m acoustic fence running along the rear yards(OAAs)backing onto Trulls Road. This brings us back to the contents of the report PSD-044-13,namely Sections 2.2,2.3 and 23. These sections point to the-layout of the lots being such that MOE requirements are met for OAAs on the front(east) side of the dwellings and that(See Section 23)the "subdivision agreement required the Owner to advise the purchasers of the 13 lots abutting Trulls Road"that in order to achieve acceptable noise attenuation levels...the outdoor amenity area is located in the front yard and/or veranda of the dwelling." The developer has recently confirmed that this did occur during closing of all the lots in question." Section 23 finther states "Based on the requirements of the subdivision agreement,the purchasers were advised that the front yard and/or veranda of the lot were providing amenity area." We have reviewed our Purchase.of Sale documentation, sales literature from Halminen Homes,title and other pertinent legal doewnentation and cannot find any reference to "the front yard and/or veranda of the lot were providing amenity area." Nor can we recall being verbally informed of this case by any of the Halminen sales representatives. 8-48 Therefore, given the above,we would request that The traffic study to be performed as planned in Spdtig 2014 along with an additional sound study. O That written evidence be provided whereby it was stipulated in the Owners , (Halminen Homes) sale/closing documentation for Lots 1 through 13 and in the subdivision agreement informing purchasers of Lots 1 through 13 that the OAA-vas located in the front yard and/or veranda of the lot. Depending on the outcome of investigation into these aspects,it may be that the Municipality and/or Owner(Halminen Homes) are liable for the removal of the existing chain link fence and the absorb the costs of the installation of a 2.75 m acoustic fence as per MOE guidelines. It is also to be remembered that the noise(e.g., sound)measured as described in these documents is via decibels(dBs) and is based on a logarithmic,not a linear scale. For example,a difference in 10 dB represents a difference of sound intensity of 10 times and is not simply an additive increase (or decrease)in 10 units of measurement. For example, the difference between 50 dB and 60 dB is the 60 dB sound being 10 times more intense than the 50 dB. Please find attached a petition,which has been signed by all residents currently residing along Vivian Drive in Courtice pertaining to the current vehicular noise reduction means provided between Tzulls Road and properties located on Vivian Drive, Please provide a formal response to this request. Thank you for your attention on this matter. Yours truly, C. Franklin cc Regional Councillor M, Novak(1 &2) Local Councillor I Neal(1) 8-49 I 00 cn 0 Petition from VMan Dr.Residents (]cots 1-13) We,the undersigned, do hereby agree that based on the results of the noise measurements taken and with anticipated increase in volume of traffic that an acoustic fence would be the most logical barrier to improve noise reduction.The acoustic fence would need to be the maximum.-height in accordance with the by-law requirements_ Address Print Name Sigmatu re M A t,,i �G Cdit� - VIA � Upps-. p� /U 6Ur ATTACHMENT 2 ,TO REPORT PSD-072-13 MEMOLeadi�tg l/te lYay TO: Mayor and Members of Council Frank Wu, C.A.O. FROM: A. S. Cannella, C.E.T. Director Engineering Services DATE: September 24, 2013 RE: TRULLS ROAD NOISE AND TRAFFIC COUNTS At the July 2, 2013 Council meeting, the following resolutions were passed by members of Council: Resolution#C-251-13 Moved by Councillor Novak, seconded by Councillor Traill THAT Staff be directed to: Perform noise measurements in Mr. Franklin's back yard, next to Mr, Franklin's patio door, Undertake a Traffic count on Trulls Road,.and Coordinate, with Durham Region Police Service and the Engineering Services Department, the installation of a temporary radar sign on Trulls Road. "CARRIED" The Council resolution required responses from two different Departments but for the sake of simplicity, responses from both Departments have been Included in this memo. CLERKS DEPARTMENT Staff attended at the residence to take sound readings on Thursday, August 8 between the hours of 4:00 pm and 5:00 pm and on Friday afternoon until 4,30 pm. The tests were conducted from the backyard of Mr. Franklin's property near his patio doors. On Thursday the wind was almost non-existent and the ambient background noise level was 42.1 decibels, During the hour that the officer was on site the sounds of passing traffic varied from a low of 64.7 dB to a high of 99.7 dB. This level was registered when a dump truck passed by the property. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-5506 8-51 Page 2 of 2 TRULLS ROAD NOISE AND TRAFFIC COUNTS On Friday the wind had increased to between 15 and 22 km/h from the west, therefore blowing toward Franklin's property. The ambient level at the time was 52.6 dB. Noise readings varied from a low of 79.2 dB to a high of 90.2 dB. ENGINEERING DEPARTMENT With respect to traffic counts on Trolls Road we would like to advise that traffic counts.are generally undertaken during the period of March to June or September to November. These periods provide the most accurate data (generally the highest peak volumes) since they are not affected by vacations, weather or other reasons that may result in lower traffic volumes. Staff has scheduled a traffic count in the spring of 2014 on Trolls Road. What we can report this year however, is that the temporary radar message board was installed on Trolls Road during the period of July 8, 2013 to July 14, 2013. During that time the daily traffic on Trolls Road from Billett Gate to Vivian Drive was estimated to be AADT 3800 vehicles per day, based on the data collected. I trust that this answers the questions raised in Resolution#C-251-13 but encourage you to contact me directly should further information be required. Anthony S. Cannella Director of Engineering Services ASC/jb Cc; David Crome, Director of Planning Services Patti Barrie, Municipal Clerk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-5506 DN;H:WP61 DATA/MEMO/MEM002/ 8-52 ATTACHMENT 3 TO REPORT PSD-072-13 THIS AGREEMENTmade in quintuplicate.as of this 22nd day of July ,2010 8ETVVFEN; THE CORPORATION OF THE MUNICIPALITY OF CLARiNGTON -and- COURTICE HOMESTEAD LAND CORP. SUBDIVISION AGREEMENT 8-53 Page 37 fencing to be constructed in such a manner that the fence connects to and/or ties back into the•dwelling unit exterior wall. The gate is to be designed and constructed in compliance with the recommendations and intent of the Noise Attenuation Report.The maintenance of said fencing is the responsibility of the , home owner/purchaser of said lot and/block, unless•otherwise noted within the Subdivision Agreement 2. Chain link fencing—Where chain link fencing is a required feature between _ any lot and/or block and a park, open space block or walkway, said chain link fencing is to be located on the public portion of the abutting lot and/or block in question and constructed in compliance with the'Municipality's Design Criteria and Standard Drawings. The maintenance of the chain link fencing is the responsibility of the Municipality, unless otherwise noted within the Subdivision Agreement. •3. (Privacy fencing —Where privacy fencing is a required feature said privacy fencing is to be located on the shared property line of the lots and/or blocks in questions and constructed in compliance with the•Municipalifys Design Criteria and Standard Drawing's: The maintenance of the privacy fencing is the shared responsibility of the abutting home owners/purchasers of the lot and/or block in• questions,unless otherwise noted within the Subdivision Agreement. a A notice acknowledging the following warning clause: "The Purchaser acknowledges that the lot and/or block shall be graded by the purchaser's builder in accordance with plans approved by the Municipality of Clarington and that issues regarding quality of workmanship should be directed to the purchaser's builder..Such lot and/or block grading may be required to accommodate drainage;from surrounding lands and may include swales,•slopes, retaining'walls and where applicable sewers and catchbasins on easements. In order to accommodate existing constraints such as existing topography, existing physical features on adjacent lands the final grading design may vary from the Municipalitys guidelines as' determined appropriate by the Director of Engineering Services. The purchaser should be aware that these measures may Gmit the use of certain'areas of their-property and must satls t themselves with respect to the final grading of their lot and/or block." The Owner acknowledges and agrees that the following warning clauses Wil be inserted into Offers of Purchase and Sale of dwellings for the lots/blocks within the 40M-Plan as noted below: All warning clauses as recommended in the Noise Report in accordance with paragraph 4.90(2): "Due to the proximity of this plan to Trulis Road purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants." 8-54 _.. . Page 44 (16) The Owner,acknowledges and agrees to submit a detailed Tree Preservation Plan in'accordance with Section 4.1 of this agreement. The Tree Preservation Plan shall be consistent with the recommendation of the aforementioned Environmental, Impact.Study and the satlsfaction of the' Municipality of Clarington. Furthermore,the Owner agrees that no trees shalt be removed until such time as the plan has been approved except as authorized by the Municipality. (16) The Owner acknowledges and agrees to prepare a community education hand- book on the environmental sensitivity of this site, This document shall be completed and approved by the Director of Planning Services'prior issuance of the first building permit. (17) The Owner acknowledges and agrees that prior to registration of any portion of the draft plan of subdivision'the owner must demonstrate how perpetual maintenance of any blocks (s) identified as "Part Lots or Blocks will be undertaken. All part lots will be pre serviced with water, sanitary and storm sewers, (18) The Owner acknowledges and agrees to establish a geodetic benchmark in the vicinity of the.intersection of Trulls Road and Daiseyfreld Avenue, which will serve as vertical control for the proposed development. The Owner shall be 100%responsible for the cost of establishing this benchmark. . (19) The Owner acknowledges and agrees to ensure that dwelling foundation are 0.5 metres above the 100 year HGL(Hydrologic Grade Line).* (20) The Owner acknowledges and agrees to Implement the recommendations of the "Noise Impact Study for Courtice Homestead Land Corp." revised June 2009 prepared by D. G Biddle&Associates Limited,'which specifies noise attenuation for this development. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. (21) The Owner acknowledges and agrees to advise the homeowner of Lots 1 to 13 on 40M-Plan, through the Agreement of Purchase and Sale, that in order to achieve acceptable noise. attenuation•levels between, 55 and 60 dBA, as prescribed by the Ministry of Environment,the outdoor amenity area'is located in the front yard and/or veranda of the dwelling." 8-55 Page 46 (22) The Owner acknowledges and agrees#hat the following warning clauses will be inserted into the Agreement of Offers of Purchase and Sale of dwelling for the lots on the 40M Plan within the Draft.Plan of Subdivision S-C-2007-0002 as noted below: m Lots 1 and 13 Clause#1 "Purchasers are advised that sound levels,due to increasing road traffic may occasionally interfere within some of the of the activities of the dwelling occupants as the sound levels exceed the Ministry of Environment's criteria" 9 Lots 1to10 Clause#2 'This dwelling unit has been fitted with a forced air heating system and the ducting, etc was sized to accommodate central air conditioning by the occupant will allow.the windows and exterior doors to remain closed, thereby insuring that the indoor sound levels are within the Ministry*of Environment's noise criteria; (Note., the location and fnstallatlorr of the outdoor air conditioning devices should be done so' as to comply with t. , noise criteria of MOE publication WC-216, Residential Air Conditioning Devises and thus minimize the noise impacts both on and in the immediate vicinity of the subject property)." Lot 11 to 13 Clause#3 "This dwelling unit has been supplied with' a central air con6ftning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound.levels are within the Ministry of Environment's Noise Criteria. (23) The Owner shall acknowledges and agrees that prior to issuance of building permits for Lots 11, 12 and 13, the Owner will provide detailed-floor plans to determine the number of building components required for acoustic insulation . factors and building materials,in accordance with the Noise Report,revised June 2009,prepared by D.G.Biddle.&Associates. (24) The Owner acknowledges and agrees to construct a 1.2 metre high chain fence on the west, or,rear lot lines of Lots 1 to 13,together with a 1-8 metre high cedar hedge, to the satisfaction of the Director of Planning Services and Director of 8-56 ATTACHMENT 4 TO REPORT PSD-072-13 Schedule C -Condition on Sale of Property This agreement is conditional upon the sale of the Purchaser's property known as on or before If the aforesaid property is not sold within the above mentioned period then this agreement shall be null and void and the deposit shall be returned to the Purchaser without interest or deduction within the following 21 days provided the Vendor has confirmation of receipt of such deposit. It is understood and agreed that the Vendor reserves the right to.give the Purchaser 24 hours within which to remove the condition contained in this agreement as a result of the Vendor having received another acceptable offer to purchase the premises. Should the Purchaser not deliver to the Vendor within 24 hours of notice from the Vendor a confirmation in writing removing the said condition from the said agreement then this transaction shall be deemed to have been terminated and ended and the Vendor shall be free to sell the lands, Should the Purchaser deliver such notice removing the said condition then the parties hereto agree that the transaction shall be completed in accordance with the provisions of the agreement to the same extent as if the said condition never formed part of this agreement_ Further to this,the Vendor may at his option extend the closing date to coincide with the closing date of the Purchaser's sale,or alternately,to allow time to construct the said dwelling. The Purchaser further agrees to list the said property thru the Builder's Broker Nominee,Joe Hawco and Anita Halminen,Associate Brokers,REMAX First Realty Ltd.,Realtor,on the Multiple Listing Service within 72.hours of acceptance of this Agreement of Purchase&Sale,failing which this agreement shall become null and void and the Purchaser's deposit returned to him in full without interest or deduction. Schedule D-1 - Condition on Financing This agreement is conditional until upon the purchaser(s)obtaining mortgage financing. Should the purchasers be unable to obtain mortgage financing by the above noted date,then this agreement shall become null and void and all deposit monies will be returned forthwith to the purchaser(s)In full without interest or bonus. In the event that the purchaser is unable to arrange financing,the vendor may,at its option,take back or otherwise arrange the said financing,at the purchaser's expense. To waive this condition,the purchaser(s)must provide the Vendor with commitment letter(s)from their financial institution. Schedule D-2 - Condition on Solicitor This agreement of purchase and sale is conditional until upon the purchaser(s) reviewing this agreement with their lawyer.Should the purchaser(s)decide to cancel this agreement,they must notify the vendor by the above noted date,or this condition shall be deemed to be waived from this agreement. 8-57 Schedule W—Warning Clause A.notice acknowledging the following warning clause, "The purchaser acknowledges that the lot and/or block shall be graded by the purchaser's builder in accordance with plans approved by the Municipality of Clarington and that issues regarding quality of workmanship should be directed to the purchaser's builder. Such lot and/or block grading may be required to accommodate drainage from surrounding lands and,may include swales,slopes, retaining walls and where applicable sewers and catchbasins on easements.In order to accommodate existing adjacent lands the final grading design may vary from the Municipality of Clarington's guidelines as determined appropriate by the Director of Engineering Services.The purchaser should be aware that these measures may limit the use of certain areas of their property and must satisfy themselves with respect to the final grading of their lot and/or block." The Owner acknowledges and agrees that the following warning clauses will be inserted into Offers of Purchase and Sale of dwellings for the lotsfbiocks within the 40M-Plan as noted below' All warning clauses as recommended in the Noise Report in accordance with paragraph 4.10(2): 1. "Due to the proximity of this plan to Trulls Road purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants." 2. "Purchasers and tenants notified that there are existing farming operations nearby and that they will not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices." 3. "Existing and potential future agricultural operations,are being conducted in the surrounding lands, in compliance with the Clarington Official Plan and Zoning By-law, other municipal and regional by-laws and provincial legislation." 4. The owner acknowledges that they will be responsible for the rear yard cedar hedge. 5. Lots f and 13 Clause#1 "Purchasers are advised that sound levels due to increasing road traffic may occasionally interfere within some of the activities of the dwelling occupants as the sound levels exceed the Ministry of Environment's criteria." 6. Lots 1 to 10 Clause#2 "This dwelling unit has been fitted with a forced air heating system and the ducting, etc. was sized to accommodate central air conditioning by the occupant will allow the windows and exterior doors to remain closed, thereby insuring that the indoor sound levels are within the Ministry of Environment's noise criteria (Note:The location and installation of the outdoor air conditioning devices should be done so as to comply with noise criteria of MOE publication NPC-216,Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property)." 7. Lots 11 to 13 Clause#(3 "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of Environment's Noise Criteria." 8-58 VIVIAN DRIVE -= PR DPDSEO -SIP= 15.031 pmi a 139.b8 ., _ 66m•(MIN,)OUNUOR M 139.90 AMENRY AREA SHOWN H4TCHED � n 6 w UNDERSIDE OF FOOTING MAY BE . :,:n•,� •+ys y:n LOWER THAN ELEVATION NOTED *'� gp DUE TO EXIST. CONDITIONS, EXACT DEPTH OF FOOTING TO O R 5015 '`� BE DETERMINED ON SITE DURING M s ELEV e 1rs p EXCAVATION FOR FOOTING. 140.00 'r1 �¢� av u ci w MOU'` • A FIN.M.140.50 r ____— FIGURE 1 F.FL FINISHED FLOOR mP Fox 140.20 AL RAINWATER W� AND T.F. TOP OF FOUNDAnON FI Uis Pik 37.65 88 .� RAINWATER LEADER LOCATION PLAN F.B.S. FIN.SSMT SLAB 1245 U/S FTO UNDERSIDE OF FIG �g4 R NUMBER OF RISERS ee07 M TO GRAFlON�FLOOR n q rcw .m"!. �'' rwN i�t $ A CABLE T.Y.PEDESTAL ecu Sfuxt 1AN� u� 0 BELL PEDESTAL nx i • p01lAP PnC 1'1 t7 N*j D` -y1 [m (�.c C y HYDRANT p o 0> sf(�IYDi Tco•1 SECTION rn PLAN $ + LAMP POLE to 5 1n NOTES M HYDRD TRANSFORMER Mf t)ALL DINO:SCt7S N YW4E M. 4) V %V R SAF OF AM OOWNSPOVIS O RAINWATER WELL(AS x w 15. 0 ; ,°�- �.VVE>M AW&N IF 6) T`g0.E ass mw UPON wunzma PER DETAILS THIS DL5'G) °)id8.N&%&Ilk NFAK yqsw&I. �J FIGURE 2 NOTES: RAINWATER WELL DETAIL BUILDER TO VERIFY SER'ACE CONNECTION INVERTS PRIOR PROP 1.6m HIGH BLACK VINYL CHAIN.LINK- �' TO CONSTRUCTION. FENCE ON PROPERTY UNE(0-507). BUILDER TO ENSURE 1-2m COVER ON ALL FOOTINGS. FOOTINGS TO BEAR ON UNDISTURBED NATIVE SOIL MUNICIPALITY CONSULTANTS DECLARATION: 1 HEREBY CERTIFY THAT THE B� DING LOT 5 40M— LEGEND TYPE,APPURTENANT GRADING DRAINAGE AND SERVICING FOR 7TI LOT OF CLARtNGTON COMPLIES PATH SOUND ENGINEERING DESIGN'A 0 THAT TH PROPOSED GRADING �pfESSIO y4 123,45 PROPOSED GRADE IS IN CONFORMITY VA7H THE MASTER GRADIN PLAN E AS APPENDICES Q CO, TO THE SUBDIVISION AGREEMENT ANO PATH AC FOR BOTH 0.0.BlIddlw ids A6ilBOi3113fC®i� L[tn}C®m1 12345 EXISTING GRADE DRAINAGE AND RELATIVE ELEVATIONS ® 0 O n 8 U I t I n g e n g i n e e r s '° DIRECTION OF DRAINAGE GATE.PV:'P:fN....J.._...REVIEWEU BY... ....... ............ . ....:�i.I.......,........... B.GAftSr1ELl B6 KING STREET EAST OSHAWA,ON L1H 1915 ZONING INFORMATION p PHONE (905)57e-8500• FAX (905)878-9730 y _ LOT AREA 484.79m ?py, a�?� • 0RA16Y BYs M.E.T. cR eY, U4A5UNO No, PE-- LOT LOT COVERAGE 160.25m 2 33.1,. YCE OF o• D�: ).LARCH 26,zon ScAIF: 1:z5o 1 021 9—SP—JBDNO_c0 uancE HOMpTEAD CID I cl Clarftwa REPORT ENGINEERING DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 25, 2013 Resolution#: By-law#: Report#: EGD-035-13 File#: Subject: BOWMANVILLE MUNICIPAL IDENTIFICATION DISPLAY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-035-13 be received for information. 2. THAT Mr. Robert Stevens be thanked for his donation offer and have his cheque returned. Submitted by: � �� Reviewed by: A. S. Cannella, C. .T. Franklin Wu, Director of Engineering Chief Administrative Officer Services ASC/PW/jb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-1 REPORT NO.: EGD-035-13 PAGE 2 1.0 BACKGROUND 1.1 In January 2010, Mr. Robert Stevens, a long time Bowmanville resident and business owner, wrote to Council to propose a Decorative Municipal Display on the south side of the 401 at the Liberty Street interchange. At that time he offered a $1,000 donation for a display to recognize Bowmanville. After receiving his letter staff investigated the feasibility of constructing municipal identification displays along Highway 401. These displays typically include landscaping and a permanent sign to prominently display the name of the municipality to passing motorists. The Ministry of Transportation confirmed that Clarington can install a maximum of one eastbound and one westbound municipal identification display along the 401 corridor through Clarington. MTO policy allows municipalities the flexibility to determine which community within their boundaries to recognize along the 401 while still limiting the number of displays for safety purposes. Staff provided that information in report EGD-013-10 in May 2010 (attachment #1) and Council passed the following resolution; I THAT the name Clarington or Municipality of Clarington be the most prominent text on any future eastbound or westbound municipal identification displays along Hwy 401; and THAT interested parties be advised of Councils decision. 1.2 At the May 13, 2013 meeting, Mr. Stevens addressed Council to propose a Decorative Display on the south side of the 401 at the Liberty Street interchange. He displayed an artist's concept of a sign surrounded by landscaping. He also provided a $10,000 cheque as a donation towards the construction of the Decorative Display if it included a sign to specifically recognize Bowmanville. Staff was directed to meet with Mr. Stevens and report back on the feasibility of the request. 2.0 COMMENTS 2.1 Municipal Identification Displays are common along the Hwy 401 corridor to identify municipalities to passing motorists. These displays are usually constructed in a location that provides maximum exposure to passing vehicles. They are sometimes close to the boundary of a municipality, other times they are not. Some municipalities have both an eastbound and westbound display; others have only a single display. The MTO has adopted policies to govern these displays limiting them to a maximum of one display in each direction of travel. Funding has been approved for Community Gateway features in both Courtice and Bowmanville. Council's intent was to provide gateway features to recognize Clarington's individual communities at high traffic entry points into those communities. The Courtice gateway feature has been constructed on the north 9-2 REPORT NO.: EGD-035-13 PAGE 3 side of Hwy 2, just east of Centerfield Road. The Bowmanville gateway will be located on the east side of Waverley Road just north of the 401 westbound off- ramp. The Bowmanville gateway feature will be constructed when an additional parcel of land is acquired through the agreement for the Bowmanville Creek Development project. The final parcel should be conveyed to the municipality late in 2013. The conceptual plan for the Bowmanville gateway feature includes a large granite sign displaying the name Bowmanville along with landscape plantings and granite boulders. All vehicles exiting the 401 at Waverley Road and travelling north would pass the Bowmanville gateway feature. In June 2013 staff met with Mr. Stevens to discuss his proposal for a Bowmanville 401 display. Staff reiterated the Council resolution from 2010 that Clarington or Municipality of Clarington be the most prominent text on any future eastbound or westbound municipal identification display along Hwy 401, and explained that a Bowmanville gateway feature was planned at another location. A subsequent meeting was arranged between Mr. Stevens, Mayor Foster and staff. At that meeting Mr. Stevens again stated that his donation was contingent upon Bowmanville, not Clarington, being recognized on a 401 sign. He was not interested in directing his donation towards the proposed Bowmanville gateway feature at the Waverley Road off-ramp, or for any location away from the 401. 3.0 CONCURRENCE - Not applicable 4.0 CONCLUSION 4.1 Clarington has several distinct communities located along the 401 corridor. The province has made it clear that each municipality can only have one eastbound and one westbound decorative identification display along the 401 but they will allow the flexibility to recognize either a community within a municipality or the municipality itself on the display. Council direction in 2010 was that the name Clarington or Municipality of Clarington be the most prominent text on any future eastbound or westbound municipal identification displays along Hwy 401. Should Council wish to pursue Municipal Identification Displays located along the Highway 401 staff could investigate potential locations and costs for a future capital budget. 9-3 REPORT NO.: EGD-035-13 PAGE 4 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Peter Windolf, Manager of Park Development Attachments: Attachment 1 - Report EGD-013-10 Municipal Identification Displays List of interested parties to be advised of Council's decision: Mr. Robert Stevens 9-4 ATTACHMENT - 1 TO REPORT - EGD-035-13 -C~. 0 REPORT ENGINEERING DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3, 2010 Resolution#: (�R4 --07�4-/,py-law#: N/A Report#: EGD-013-10 File#: i Subject: MUNICIPAL IDENTIFICATION DISPLAYS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-013-10 be received; 2. THAT the name Clarington or Municipality of Clarington be the most prominent text on any future eastbound or westbound municipal identification displays along Highway 401; 3. THAT interested parties be advised of Councils decision. Submitted by, Reviewed by: "'A.9. Cannella, .E.T. Franklin Wu, Director of Engineering Chief Administrative Officer Services ASC/PW/jo CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, 80WMANVILLE, ONTARIO LIC 3A6 T 905-623-3379 9-5 REPORT NO.: EGD-013-10 PAGE 2 1.0 BACKGROUND 1.1 Many municipalities have constructed landscape displays along Highway 401 to, help promote their identity. They are often located close to the municipal boundary and typically include a large sign indicating the name of the municipality along with a variety of landscaping. The Province reviews the design of these displays but does not provide funding for their construction. Clarington has an identification sign at both the east and west limits of the municipality along Highway 401, but does not have a landscaped municipal identification feature. On January 9, 2009, Durham MPP John O'Toole wrote to the Minister of Transportation (Attachment 1) for advice on how Bowmanville could establish a floral display along the 401. The display would spell out the name Bowmanville with.landscape features such as shrubs and flowers. At the January 26, 2009 meeting, Council passed a resolution indicating its full support of the project. On March 25, 2009, the Minister of Transportation replied to MPP O'Toole's letter (Attachment 2). The Province of Ontario's policy was to permit one decorative municipal identification display far each direction of travel at or near the point where their municipal boundary crosses the highway. To be consistent across the province, permits for these were only considered for upper, lower'and single tier municipalities. Based on those criteria, communities such as Newcastle, Bowmanville and Courtice could not be recognized on Highway 401 displays. On July 2, 2009, MPP O'Toole again wrote to the Minister of Transportation (Attachment 3) indicating that Clarington Council reaffirmed their support for the 9-6 REPORT NO.: EGD-013-10 PAGE 3 concept of a landscape decorative municipal identification display at the 401 overpasses at Bowmanville. On December 15, 2009, the Minister wrote MPP O'Toole to inform him that the province had revised its policy. They will still permit each Municipality only one decorative municipal identification display for each direction of travel however; the displays can be located to recognize an individual community within a municipality (Attachment 4). The policy change allows municipalities the flexibility to determine which community within their boundaries to recognize along the 401 while still limiting the number of displays for safety purposes. On January 11, 2010, long time Bowmanville resident Robert Stevens wrote to Council requesting that Bowmanville be recognized along the 401. He enclosed a cheque for$1000 to be used only for that purpose. Council referred his correspondence to the Minister of Transportation of Ontario. 2.0 COMMENTS 2.1 Municipal Identification Displays A Highway 401 municipal identification display has never been included in the Capital Budget or forecast and staff is not recommending the construction of one at this time. Several correspondence items between MPP John O'Toole and the Minister of Transportation regarding a 401 identification display in Bowmanville have been sent to Council and Council indicated its support prior to knowing the provincial policy on municipal identification displays. Clarington is somewhat unique in that it has several distinct communities located along the 401 corridor. The province has made it clear that each municipality can only have one eastbound and one westbound decorative identification display along the 401 but they will allow the flexibility to recognize either a community within a municipality or the municipality itself on the display. 9-7 REPORT NO.: EGD-01310 PAGE 4 Most landscape displays along the 401 prominently display the name of the municipality on a sign. , 2.2 Community Gateway Features In the 2006 Capital Budget, funding was approved for community gateway features in both Courtice and Bowmanville. The Courtice gateway feature has been constructed on the north side of Highway 2,just east of Centerfield Road. The display is a tiered garden with a large granite sign displaying the.name Courtice (Attachment 5). The Bowmanville gateway feature will be located on the east side of Waverley Road between the 401 westbound off-ramp and the Waverley Road entrance to the Bowmanville Creek Developments project (Attachment 6).. Only a portion of the land for that gateway feature is currently owned by the Municipality. The remaining land will be transferred to the municipality as a condition of the approval of the Bowmanville Creek Developments project, anticipated later in 2010. The conceptual plan for the Bowmanville gateway feature includes a large granite sign displaying the name Bowmanville along with landscape plantings and granite boulders.All vehicles exiting the 401 at Waverley Road and traveling north would pass the Bowmanville gateway feature, The Community Improvement Plans approved by Council for both Newcastle and Orono refer to the need for entry signage in those communities. The Newcastle CIP recommends the installation of landmark entry features at the entrances to Newcastle and specifically requests a landmark feature at the 401 entrances. The Orono CIP identifies the lack of adequate and consistent signage at the access points to Orono. 3.0 CONCLUSION 3.1 Council's intent in approving funding for the Courtice and Bowmanville gateway projects was to recognize Clarington's individual communities at high traffic 9-8 REPORT NO.: EGD-013-10 PAGE 5 entry points into those communities. The_Courtice gateway feature is complete. Funding is in place for the Bowmanville gateway feature and it will be constructed once the remaining land has been acquired. The main entry points to other communities such as Newcastle and Orono may also merit a landscaped gateway feature. The scale and costs of each gateway feature can only be determined once an appropriate site is selected. Should Council wish to proceed with additional gateway projects, they could be referred to the Capital budget process. A Highway 401 identification display has never been included in the Capital Budget or forecast. Should Council wish to pursue an identification display located along the 401 a report recommending potential locations and costs could be prepared. Direction on what name should appear on the display would also be required. It is staff's recommendation that the name Clarington or Municipality of Clarington be the most prominent text on any future 401 displays. Mr. Stevens's $1000 donation offer was specifically directed to recognize Bowmanville along the 401. He has told staff that it cannot be used for the proposed Bowmanville gateway project on WaverleyRoad. Attachments: Attachment 1 —Letter from MPP John O'Toole to the Minister of Transportation (January 9, 2009) Attachment 2 —Letter from the Minister of Transportation to MPP John O'Toole (March.25, 2009) Attachment,3--Letter from MPP John O'Toole to the Minister of Transportation (July 2, 2009) Attachment 4— Letter from the Minister of Transportation to MPP John O'Toole (December 15, 2009) Attachment 5 — Photo of Courtice gateway feature Attachment 6 — Key Map of Bowmanville gateway feature location i 9-9 Report EGD-093-10 I Attachment 9 '^'i4r1111«i J,SSJ'WK1 JOHN R 070OLL11+4.P-P o �BParkOft., C ofn� mart,No. 6WMVfMk pia 1 tea,,"Ao UC IN4 MIA 1AS Th I-OW461-2433 TtG(416)323-6743 ")697-1301 R+z(416)325-6 58 1iilf(SO)G97-1506 3aIIUery�,2009 psna#;�1hCt.d1401�Pc.C1�0�g The Hon.James Bradicy Minister of T MnoxtWion 77 Wellesley St R+',3 M Fit,l+orguson Block - Toronto ON M7A 1 Dear Minister. This now is with reg ' to the Highway 401 interchanges at BownmirMle. Njknister,to help promote the Bo manville community,some citizens are hAft=W in ostWfthing a floral display on the e astbound and westbound 401. The suggwdon is that the display would spell out aft T—L-0 Dowmanville,along with providing attractive landscaping features through shand flow6n.It would be like many other landscapes on Highway 401 where.towns anies.show their curia pride through a decorative"gateway,"Minister,could you se advise how Dowrnanviile cart estawish a similar display in my Riding of Durham?Affitugh Bowmanville is part of the Municipality of ClatiVon,it is the largest co=wWt3 in the municipality and has a history dating hack worn than 150 Years.I trust flier its st Xtus as a thriving independent community within tto municipality of Clariugtofn would t prevent it from being included.in a civic identity program for ta�vos along the.Hwy, 01 corridor. Since an Interchange eavdfieation project may need to bo considered ite cou�ne+cction with future Interchange iml vements,could you also please provide an update concerning the Province of Ontario's laces to rebuild the two Highway 401 interchanges at Bownmville7 Thank you for your cc asideratiom I look forward to your reply. Jo P, O'Toole,MP D cr Councillor Ron Hoc per–The Municipal ty of Clarington. 9'-10 tes-d sof�p d t¢s-� -�oaa fyaa9�EO ot-�vr-et Deport EGD-013-10 Attachment 2 e+AU"as Wn4iWe des TranapGrq Gn 'trw"Ods offict of ft Min'tr eurm du minl*a F"9L"8bdf.'3rd FkxW #am F'eiAM".T ft" 77 we9N1ey st.weat 77,rua watkslw m" Tarontn,WOO Tom ft(ohtoft) MA M MIA 1 Z8 .416 827.9200 416327-WO www.mtagoy on C8 wwwrntaga�an.o3 2 5 2009 Mr.John R.OToole, MF IP Durham 75 King Street East Sowmanville,Ontario IL1C 1144 Dear M%000tR4 ' Thank youlor your WW regarding the Installation of a floral display on Highway 401 In gowmanviile. My ministry supports eftrts to raise a municipality's profile by permitting landscaped Decorative Municipal Identification c Isplays that include a municipality's name on provincial highways. To be consistent across the province, permits for such displays are only considered for upper, bower and single tier mui i 1palities,and First Nation Territories. Based on this criterion, we are unable to offer this oppo Ju6fty to communities such as Bowmanville. However,we have otheq opportunities for communities such as Bowmanville that may want to be Involved in the beaN . cation of our highways. Our Adopt-A-Highway and Vegetation Management and Co programs-encourage partnerships with focal communities, community service groups,bual 084es and Individuals on a volunteer basis to take an active role In maintaining and cleanink a section of highway within a community. Anyone Interested in either of these programs is en uraged to oontact our Contract Ofilce at(418)235-5402. Regarding improvement to Highway 401 Interchanges in Sowmanviile, ministry staff are priding with plans to undertake an environmental assessment and preliminary design for Improvements to the I rchange on Highway 401 at Holt Road. -Fosse improvements would Increase capacity at the nterc hange and Improve operations and safety throughout the local area as well as support i?ntarlo bower Generation's New Nuclear at Darlington PrrJect. Ministry staff would also be pleased to review any proposals than the Bowmanville community may have to beautify or aandscape highway interchanges. If you would like more information, please contact Tom Hevl►itt, Head,Corridor Management Section,at(418)2 .5095. Again,thank you for bdr ging your constituents'concerns to my attention and please accept my best wishes. Yours sincerely, a 41m Bradley Minister C: Councillor Ron toper,The Municipality of Caalington, f . lee-� 90/tf0'd the-� -lYOad i�aa9=eo ot-itv�r-8�-11 Report EGO-013.10 Attachment 3 ELGt511UlVE�55�fBiY JOHN It 01MOIA KPIP, 0 41WSPAosQ: crostta"offift Durto m fOt1.443 75 ang St 5• idati ft 6ommrxft OnWb TeL f-800-661.2433 M(414)M-5745 OM)697-1501 Fsx(416)325-5255 Fax Qid5}691-}506 July 2,2049` Efiaa:loM tstoo�ecapc.oh a� The Hon,lannm Sradle Midster of Tmuportat vn 77'9 *Dedey 3t W.Std Nir,Ferguson Block Toronto ON M7A 1Z8 Dear Minister: PIrasa find enclosed i letter I received from Clarington Council in which the councillors have rcafOrmed bi re clution that they support the concept of a landscaped decorative municipal identificatt 0 display at the Highway 401 overpasses at Bow.aaauville. As you may recall,I wrote yo j on this matter in correspondence dated January 0,21109.You replied March 25,20C . ' Minister,in view of si pport from the municipality for a Widscape display at an individual town with4 the Municipality of Clas'ington,I trust that your Ministry will consider making Ow a propriste changes in MTt1 policy.ut my•view: there,arc me y other municipalities would want the option of having a.display at the entrance to a' community that is wi ' their geographic area,but is not an in&pendent Lm1 elpality, ' Wbat would be needs is'an amendment allowing such displays for individual communities,provid that the communities were in agreement,along with th* i municipal councils. "would you please re w and reconsider the=wt rules,in which only municipalities tray have an entrance 'splay on ft 404-se4es highways? Thank you for your coj Lsidention.I look forward to your reply. • i ''Y'o ' y' Jot R.' 'Toole,WP Dur Bacl. c.Mayor Jim Aberueth c Council 9' 12 188-4 so/ZO'd M-1 -tY0�4 YId19tES aE-Hit-B� i Report EGO-013-10 Attachment 4 • • Way+ + I isles I O fft of to vN ift Sumw du minWo FOCJ3on 6W IL 3rd ROW 6dfi m Ferguson,r mgm 77 ft 6d6y St.WOO 77,nra tfi OIWIiay OUCH OrIUVIO Towdo,Ontario Torom(Onta;io) WA In WA Ize 416 377-till 41$327-OM Vj"W."to.gOV.*n= www mto.glav arl.ca MC Is 20M Mr John R.O'Toole, MF P Durham 75 King Street East Bowmanville, Ontario Litz iN4 Dear M�r 670010: Thank you for your IIa up letter regarding the request from the Newcastla Community Improvement Committe i for the Installation of a floral display on Highway 401 In Clarington. (=urther to my letter cf rch 26, 2009, munl*aIities that qualify are permitted to build one decorative municipal id ntification display for each direction of travel at or near the point where their municipal bounds crosses the highway. To be consistent across the province, permits for these displays sire o ly considered for upper, lower and single tier municipalities. Based on. this criterion,we are un ble to offer this•opportunity to communities such as Newcastle. In light of the oonoems ised by several of the communities within your riding,we are prepared to grange our policy in order to allow municipalities that are eligible,to tranifer their option to install a display to a tow iship or hamlet within their boundary. In this case,Clarington would then be able to give up i ine or both of their decorative municipal displays to Newcastle. This policy change will fiord municipalities the flexwIity to determine which community within their boundaries is able install a decorative display while at the some time,br safety purpose, limit the number of displ iya along our highways. This policy change Is expected to carne into effect before the end of he year. Again,thank you for brir]Iging your constituents'concerns to my attention and please accept my best wishes. Yours sincerely, Jim Bradley Minister o: Theresa Vanha rbake fes-a 801101d 189-1 40:1 Rdlg=f o 01-inr-e0-13 wr ........... ti LR .............. i;t It 4 ERR 1", 4, '�.. ", ",y.ot W. DIY RZ On 6.M.S. ,m Mf ,An, No • NEW 1 m if. it" I a I -RO.O., P 'w". M k g; XA� ro",r�gmr'�" N� g"--o:-;v'� QA �;�'02 AK .......... J. my "O'N',it`. J4. Q5.1 :541 U f lit v" .-;24r77 zn- -W IN FIRM.,. > RITIRE, a I n.'u'�/__Ili)_� \.,` • .j� ; .v�aq; f•`I' Y�•..s '\ '+'£"� '.0 C j '1 r 1 " �r cam. �v. ±1 1 pC. 'I'f`Irlll/_\IIIIIIIIIIII/J ..; T N�•'..d c�!�:..S.p� � :.Ax +,,,'r. '.••,.q'ar�:•. f'r 111 �� --_=='-- r�I�l\e=__ 'IS71 >= r �, „�'�t.�I .�� •..1;"'' '�,, - °,� :a �^ � ,� tom• /ll�.\\ IIM�� c° .��m. \uam nnanl,nm .,�`+' �'' �•' �' 4- �7,�' r' �r. 'N6, GO) Nil t,&J,5. , Ows "A4 JJCD SO �• a nC•,.�, 1 1 A. �,+4^[I .� .A. ..Fi. '13�..xL.r.3 :hr'3.uS�lf� �^1r3` i�& c � �. 1' (' W-01 L'.1 1, a t A"i" Clarington REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 9, 2013 Resolution#: By-law#: Report#: CLD-031-13 File#: Subject: 2014 MUNICIPAL ELECTIONS —ADVANCE VOTING OPPORTUNITIES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-031-13 be received; and 2. THAT the by-law, establishing the hours and dates of the advance votes for the 2014 Municipal Elections, be passed. Submitted by: V X Reviewed by: a ' ne, CMO Franklin Wu, nici al Clerk Chief Administrative Officer PLB/CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-1 REPORT NO.: CLD-031-13 PAGE 2 1. BACKGROUND 1.1 Section 43 (1) of the Municipal Elections Act, 1996 (the Act) requires that a by-law be passed to establish one or more dates for an advance vote and the hours during which voting places shall be open on that date or dates. 1.2 Prior to 2000, advance polls were held the Saturday 10 days prior to, and the Wednesday immediately prior to the election. In 2010, the advance voting opportunities ran for five days and proved to be well received by the Clarington electors, with approximately 2000 ballots being cast throughout the five day period. In 2014, in accordance with Section 5 of the Act, Voting Day is October 27, 2014. To continue to serve our electors with a variety of advance voting opportunities, staff recommends the following advance voting opportunities for Clarington’s 2014 Municipal Elections: Date Time Location October 18, 2014 10:00 am – 5:00 pm One location per each of (Saturday) the four Wards, open to all eligible electors; October 19, 2014 10:00 am – 5:00 pm One central location in (Sunday) Bowmanville, open to all eligible electors October 20, 2014 10:00 am – 8:00 pm One central location in (Monday) Bowmanville, open to all eligible electors October 21, 2014 10:00 am – 8:00 pm Once central location in (Tuesday) Bowmanville, open to all eligible electors October 22, 2014 10:00 am – 8:00 pm One location per each of (Wednesday) the four Wards, open to all eligible electors; The voting locations for the advance polls have not been finalized at this point. 1.3 Notice will be provided to eligible electors advising of the dates, times and locations of the advance voting opportunities. 2. CONCURRENCE: Not Applicable 3. CONCLUSION It is respectfully recommended that the by-law establishing the hours and dates of the advance votes for the 2014 Municipal Elections be passed. REPORT NO.: CLD-031-13 PAGE 3 CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachments: Attachment 1: Advance Voting Opportunity By-law Interested Parties: None 13-3 Attachment 1 REPORT NO.: CLD-031-13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013-XXX Being a By-law to provide for advance votes to be held prior to the 2014 Voting Day. WHEREAS Section 43(1) of the Municipal Elections Act, 1996, as Amended provides that a municipal council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT an advance vote shall be held on Saturday, October 18, 2014 between the hours of 10:00 a.m. and 5:00 p.m. in one location per ward; and 2. THAT an advance vote shall be held on Sunday, October 19, 2014 between the hours of 10:00 a.m. and 5:00 p.m. in one central location in Bowmanville, open to all electors; and 3. THAT an advance vote shall be held on Monday, October 20, 2014 between the hours of 10:00 a.m. and 8:00 p.m. in one central location in Bowmanville, open to all electors; and 4. THAT an advance vote shall be held on Tuesday, October 21, 2014 between the hours of 10:00 a.m. and 8:00 p.m. in one central location in Bowmanville, open to all electors; and 5. THAT an advance vote shall be held on Wednesday, October 22, 2014 between the hours of 10:00 a.m. and 8:00 p.m. in one location per ward. BY-LAW passed in open session this 2nd day of December, 2013 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 13-4 Clafington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 25, 2013 Resolution#: By-law#: Report#: COD-029-13 File#: Subject: VALLEYS 2000 BOWMANVILLE CREEK FISH BY-PASS CHANNEL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-029-13 be received for information. Submitted by: Reviewed by: �, -' { co` GL C arie Marano, H.B.Sc., Franklin Wu, AMCT, Chief Administrative Officer Director of Corporate Services MM\JDB\Br CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-1 REPORT NO.: COD-029-13 PAGE 2 1. BACKGROUND 1.1 At their meeting of March 26, 2012 Council approved Report COD-007-12 (attachment 1) authorizing staff to proceed with a single source award to Valleau Construction Inc., Bowmanville for the construction of the Bowmanville Creek Fish By-Pass Channel as required by Valleys 2000 (Bowmanville) Inc. 1.2 Shortly after the award of the contract it was determined that the sheet pile component of the project originally priced at $45,000.00 was being priced by sub- contractors at twice the price quoted. Pricing this item in the height of the construction season would result in the cost increase. 1.3 In addition to the pricing issue there were difficulties resolving some of the in-kind donations as well as timing issues due to permits. There was also an issue with timing to compete the in-water work in compliance with Ministry of Natural Resources, Department of Fisheries and CLOCA. Consequently the project was delayed until 2013. This would enable the contractor to secure sheet pile pricing during the winter months when prices would be more competitive. It would also afford more time to obtain the commitments on in-kind donations and resolve permitting issues. 1.4 Valleau Construction actually started work on the project in late July 2013 and experienced issues with the requirement for sheet pile installation due to site conditions and alternative methods were being explored. Finding an acceptable resolution to the sheet pile issue was complicated by limitations placed on the project by the permits using the original design. Any changes to the design would necessitate a review of the permitting process. As a result of these difficulties the contractor advised on August 13th that "it is best we demobilize". Subsequent to this notice and following meetings with Valleys 2000, their consultant, Municipal Purchasing Manager, Engineering and the Municipal Solicitor, Valleau Construction was advised that the contract was being terminated effective September 16th. We also indicated our intention to exercise our rights under the terms of the agreement which included taking possession of all work in progress and finishing the work by whatever means deemed appropriate. 1.5 Immediately following notification of termination, Purchasing Services contacted contractors who specialized in in-water work to determine their interest in bidding on the completion of the project which required an immediate start. Discussions also included the need to provide their best price to complete the project taking into account the confirmed in-kind offers from other sources such as the bridge, railings, cement supply and most aggregates required for the project. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-2 REPORT NO.: COD-029-13 PAGE 3 1.6 Two bids were received, one from R&M Construction, Acton, at $326,707.99 and the second from Dynex Construction, Concord at $419,060.09, net of HST rebate. Both contractors were able to commence work in early October and were prepared to work with the in-kind donations. The low bid submitted by R&M Construction was accepted and a purchase order was issued to authorize the work to proceed. 1.7 Concurrent with our efforts to secure a contractor to finalize the project, the project consultant Greck and Associates was meeting and holding discussion with the various ministries and CLOCA to ensure the required permits were valid for the proposed work to enable the contractor to start work in October with a projected completion date of November 30, 2013. The consultant was successful in receiving the required approvals. 1.8 Work commenced on the project on October 8, 2013 and has continued uninterrupted since then. As of November 18th, the project was still on track for completion by the end of November, 2013. 1.9 At present it is expected that an official unveiling and acknowledgement of contributions of the Fish By-Pass Channel could take place on Monday, December 16, 2013. Arrangements are currently underway to finalize this event and details will be communicated to Council when arrangements are finalized. 2. FINANCIAL 2.1 Funding for this project is comprised of the following: Valleys 2000 (Bowmanville) Inc. $270,341.66 Municipal Contribution if needed $ 81,971.04 Grant (to be announced)* $100,848.00 Total Funds available $453,160.70 Estimated Project Cost: R&M Construction **$331,939.19 Contingency (if needed) $33,193.91 Estimated resolution of Valleau Construction Invoice (work completed at termination) **$63,786.98 Total Estimated Cost **$428,920.08 *details provided in the confidential email to Council 13 09 09 **Net of HST Rebate 3. CONCURRENCE 3.1 This report has been reviewed by Tony Cannella, Director of Engineering and Valleys 2000 (Bowmanville) Inc, who concur with the content. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-3 REPORT" NO.: COD-029-13 PAGE 4 4. CONCLUSION 4.1 This project has proven to be a challenge for all involved. The project itself is complex and was further complicated by the number of agencies and approvals required to undertake the project, the difficulty in resolving in-kind donations and the issues that arose during the implementation and continued through to final completion. The steadfast efforts of Valleys 2000, their Consultant Greck Associates, the various donors and municipal staff will result in the completion of a project that will long serve the natural movement of spawning salmon and trout for years to come.-The feature will serve as an attraction for the Municipality of Clarington and provide an education tool for the surrounding populace. 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 x Showcasing our community Not in conformity with Strategic Plan Staff Contact: Jerry Barber, Manager of Purchasing Attachments: Attachment 1 - Report COD-007-12 List of interested parties to be advised of Council's decision: NONE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-4 ATTACHMENT 1 ciffiPgWR REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 19, 2012 Resolution#: �P '�� '�.� By-law#: Report#: COD-007-12 File#: Subject: VALLEYS 2000 FISH BY-PASS CHANNEL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-007-12 be received; 2. THAT the requirements of the Purchasing by-law be waived; 3. THAT, subject to all conditions being met; staff-be authorized to negotiate a single source agreement with Valleau Construction Inc., Bowmanville, for the construction of a Bowmanville Creek Fish By-pass Channel as required by Valleys 2000 (Bowmanville) Inc.; and 4. THAT the Mayor and Clerk be authorized to execute an agreement satisfactory , to the MunzarieMarano,citor. Submitted by: Reviewed by: H.B.Sc., Franklin Wu, AMCT, Chief Administrative Officer Director of Corporate Services MMWDB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-5 REPORT NO.: COD-007-12 PAGE 2 1. BACKGROUND 1.1 At their meeting of January 30, 2012 Valleys 2000 (Bowmanville) Inc. addressed Council and provided a presentation on the fundraising program and fish ladder project planned for the Bowmanville Creek Valley, 1.2 Since that time the Valleys 2000 group has continued their fundraising campaign and held a successful Gala on March 2, 2012, 1.3 The Valleys 2000 fundraising campaign has attracted significant attention in the community and contributors have come forward with cash and in-kind donations for the project. They were also successful in obtaining a Trillium Grant in the amount of $150,000.00 toward the project. 1.4 Since the introduction of the fish ladder project Municipal staff has been working with the Valleys 2000 group and their architect in order to move this project forward. For clarification, under the Memorandum of Understanding between the Municipality of Clarington and Valleys 2000, the Municipality is responsible for coordinating, designing, tendering and supervising any Contractor Works on behalf of Valleys 2000, subsequent to receipt of ail funds from Valleys 2000 for the specified project. 2. ANALYSIS 2.1 As noted, contributors have come forward with both cash and in-kind donations. These donations are well received however the in-kind donations, particularly services can complicate the public tender process. 2.2 To date Valleys 2000 have been advised of numerous in-kind donations covering such items as cement, armor stone and the pedestrian bridge. Most recently a local firm, Valleau Construction Inc., Bowmanville came forward to the Valleys 2000 group with an offer to provide excavation as an in-kind donation. Subsequent to the initial contact Valleau has made a further offer. They are prepared to undertake the project in its entirety (act as the general contractor), continue to provide in-kind donations such as excavation including other services at cost and also pursue additional contributions to the project from their list of sub-contractors. 3. COMMENTS 3.1 Projects of this nature with some in-kind donations of material can be handled using the public tender process. However, with the introduction of services and labour the public tender process becomes very difficult and less attractive to general contractors who must take on the responsibility for the project along with the risk while dealing with volunteered material and services. 14-6 REPORT NO.: COD-007-12 PAGE 3 3,2 Valleau's offer to undertake the project as a general contractor has merit under the circumstances. An agreement can be negotiated that would be similar to the usual construction contract whereby Valleau becomes the general contractor, provides all project services and material and assumes all risks associated with the project. 3.3 The agreement would be drafted with the usual requirements including unit costs and insurance etc, and allow for known and future in-kind donations, That is the agreement would be prepared based on the known in-kind donations, and costs not covered by in-kind donations, Provision would also be made for the introduction of further cost reducing donations as the project progresses, 3.4 As with any agreement the total cost of the project would be established and this would be capped by the level of funding provided by Valleys 2000, 3.5 This concept has been reviewed with Valleys 2000 who have indicated their preference for this approach, A copy of their letter dated March 12 requesting that the Municipality consider this single source approach is attached as Attachment 1, 3.6 . . Due to the time constraints on this project, this report with recommendations is being forwarded for approval subject to the recommended process being approved by the Trillium Foundation, At the time of preparing this report a request has been sent to the Trillium Foundation seeking confirmation that our recommended process falls within their guidelines, 4. FINANCIAL 4.1 This project including architectural fees and Valleys 2000 expenses carries an estimate of $450,000,00, 4.2 To date Valleys 2000 has raised, through donations and grants, a significant portion of the estimate; approximately $295,000.00 (inclusive of Trillium) plus in- kind commitments and fund raising continues, 4.3 All funds earmarked for the project will be turned over to the Municipality prior to commencement of the negotiations and the in-kind donations will be factored into the final agreement. The value of this agreement cannot exceed the cash on hand. 5. CONCURRENCE 5,1 This report has been reviewed by Tony Cannella, Director of Engineering Services and Lori Gordon, Deputy Treasurer who concur with the recommendations. 14-7 REPORT NO.: COD-007-12 PAGER 5.2 Before entering into discussions with the Valleys 2000 group on the topic of a negotiated contract the matter was first reviewed with the Municipal Solicitor for his comments and to alert him to the need for a unique agreement. 6. CONCLUSION 6.1 In view of the complexities introduced to the tendering process by the significant in-kind donations for this project it is recommended that this project be negotiated with Valleau Construction Inc., Bowmanville who has offered to undertake the project as the general contractor, make substantial in-kind donations,of labour, material and equipment, provide some services at cost and also pursue additional in-kind donation from sub contractors. Attachments; Attachment 1 - Letter from Valleys 2000 (Bowmanville) Inc. 14-8 ATTACHMENT n,n`.�nUcr�VoV,o VALL EYR MOD ALI Valleys 2000 (Bowmaevflle) Inc v�aw�v B, A Miracle in the Making March 12,2012 Mr.Jerry Barber Purchasing Manage[ ^ Municipality ofC]ohngton ' Dear Mr. Barber s you are aware, Valleys 2O0Ois raising funds to construct` oRoh channel at the Goodyear Dam. In accordance with our Memorandum of Understanding,the Municipality will tender the project upon receipt of the project fUDdsfro0Va|!eys2OUU. 0Va[thelwst[nooth Valleys 2O00members, municipal staff,and our project gn8|nae[haYenletsavera{t|[neavvithVoUeauConot[Uot}on |nc.vvho have'offenedtodoo significant amount nf the project vVnrkatnVcost. VoUeaU Construction,founded in 1969, is an experienced well established Bowmanville company with an extensive fleet of equipment, Va|leuu has also indicated that they can bring/D other partners to the project vVith |D'k|Ud }abnu[aDd materials that would na duce our cost further. We are requesting that the Municipality consider sole sourcing this project to Valleau Construction to ` takefull advantage of their generous offer. Signed VO behalf nf Valleys 2000/Bn\wnnanViUe\ Inc Harold HanOOoond'Vitnpresident -William HUnther-Treesuna[ 14_9 ClarftWn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: NOVEMBER 25, 2013 Resolution#: By-law#: Report#: FND-017-13 File#: Subject: INVESTMENT POLICY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee .recommend to Council the following: 1. THAT Report FND-017-13 be received; and 2. THAT the proposed updated Investment Policy as updated be approved. r' n Submitted by: Reviewed by: N ncy T Io , B PA,CA, Franklin Wu, Director f Finance/Treasurer Chief Administrative Officer NT/CC/hj I CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 15-1 REPORT NO.: FND-017-13 PAGE 2 1. BACKGROUND 1.1 As of September 30, 2013, the Municipality had a total of $54,619,541 in investments. This includes $3,607,100 in the One Investment Program Bond Fund and $500,000 in the One Investment Program Equity Fund. The remainder of the investments is comprised of bonds, guaranteed investment certificates and bankers acceptances. 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. 1.2 The Director of Finance/Treasurer monitors all investment activity and reports the value of investments held to Council on a quarterly basis in the quarterly Financial Update Report. 1.3 The Investment Policy was last updated in November 2002 and prior to that in 1998. 2. Investment Policy 2.1 The Investment Policy has some outdated terminology and references that have been updated to be relevant to current language. 2.2 All investments are made in accordance to the Ontario Municipal Act 2001, sec 418. Eligible investments are prescribed by the Ontario Regulation 438/97 and all investments must be invested in Canadian dollars. 2.3 The previous policy referenced Schedule A & B banks. The correct terminology is Schedule I & II banks. This has been updated. 2.4 The rating systems by qualified bond rating systems has changed since 2002. The new policy now has a more comprehensive rating table that clearly indicates appropriate ratings from several qualified bond rating services as generally accepted for municipal investments. 2.5 In November 2002, the total investments were $48,828,638. As of September 30, 2013, the total investments were $54,619,541. Since the financial crisis of 2008, interest rates have been significantly lower than prior years as well as relatively flat. It is expected that this climate of low interest rates will continue for some time. With the top priority of municipal investments to preserve capital, it becomes more of a challenge to stay ahead of inflation. Due to the nature of municipal investments in minimizing risk, it is, recommended that the limitations of investment terms be updated. 15-2 REPORT NO.: FND-017-13 PAGE 3 2.6 Currently, the long-term investment limit is $30 million or 65% of the Reserve Fund investment portfolio balance, whichever is less. Due to the increase in the total portfolio and the current low interest environment, the following changes are recommended for the investment term limits: ® Investments maturing within a year shall not be less than 10% of the total portfolio as of December 31 (irrespective of the purchase date); ® The maximum investment term is ten (10) years; and ® Investments maturing greater than 5 years but less than 10 years at date of purchase shall not exceed 10% of the total investment portfolio. 2.7 These revised limitations will allow more flexibility in the investment terms to improve investment return while not increasing risk. In addition, the added limitation on investments maturing within the year will ensure reserve funds are available based on needs of the Municipality. 3. CONCURRENCE - Not applicable 4. CONCLUSION 4.1 The primary objectives of the Investment Policy of adherence to statutory requirements, preservation of Capital, maintaining liquidity and earning a competitive rate remain constant. 4.2 The updated limitations of the Investment Policy allows the Municipality to better meet the investment objectives in the current economic environment. 4.3 It is recommended that the attached updated Investment Policy be approved. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan 15-3 REPORT NO.: FND-017-13 PAGE 4 Staff Contact: Nancy Taylor, BBA, CPA, CA, Director of Finance/Treasurer Attachments: Attachment 1 - Investment Policy 15-4 Attachment 1 1 3 ` 3 �r Leading the Way Investment licy Date Updated: November 25, 2013 Resolution: Last Revised: November 18, 2002 Resolution: C-622-02 1. Policy Statement/Purpose The Municipality of Clarington strives for the optimum utilization of its cash resources within statutory limitations and the basic need to protect and preserve capital, while maintaining solvency and liquidity to meet ongoing financial requirements. 2. Scope This investment policy applies to all investments made on behalf of the Municipality and its agencies, boards and commissions including, but not limited to, operating fiends, reserves, reserve funds, trust funds and any new fund created by the Municipality unless specifically exempted. 3.. Objectives The primary objectives of the Investment Policy, in priority order, shall be: • Adherence to statutory requirements; • Preservation of Capital; • Maintaining liquidity; and • Earning a competitive rate of return. 4. Standards of Care Prudence Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Page l of 5 15-5 Investment officers acting in accordance with written procedure and this investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risks or market price changes,provided deviations from expectations are reported in a timely fashion and the liquidation or the sale of securities are carried out in accordance with the terms of this Policy. . Ethics and Conflict of Interest Officers and employees involved in the investment process shall refrain from the personal business activity that could conflict with the proper execution and management,of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance.of the investment portfolio. Employees and officers shall not undertake personal investment transactions with the same individual with whom business is conducted on behalf of the Mumicipality. Delegation of Authority The Director of Finance/Treasurer has overall responsibility for the prudent investment of the Municipality's portfolio. The Director of Finance/Treasurer can delegate to an alternate the authority to be responsible for short and long-term investments. All investments shall receive the approval of the Director of Finance/Treasurer. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures and policies established by the Director of Finance/Treasurer. 5. Safekeeping and Custody The Municipality of Clarington shall be permitted to take advantage of investments offered by qualified investment brokerage houses and financial institutions as circumstances dictate. All securities shall be held for safekeeping by a financial institution selected by the Municipality. All securities shall be held in the name of the Municipality. The depository shall issue a safekeeping receipt to the Municipality listing the specific instrument, rate, maturity and other pertinent information. On a monthly basis, the depository will also provide reports which list all securities held on behalf of the Municipality, the book value of holdings and the market value as of month-end. 6. Internal Controls The Director of Finance/Treasurer shall establish an annual process of independent review by an external auditor as part of the annual audit. This review will provide internal control by assuring compliance governing legislation and with policies and procedures established by the Treasurer. 15-6 Page 2 of 5 7. Suitable and Authorized Investments The Municipality may invest in certain securities as set out by Ontario Regulation 438/97 to the Municipal Act, 2001, as amended from time to time. The Trustee Act regulates investment of trust funds. However, in keeping with the primary objective of the Municipality's investment policy, namely the preservation of capital, permissible investments have been restricted to those of high credit quality and reasonable liquidity. Subject to the limitations of the policy, staff will invest at the highest interest rate available. Consequently, investment officers are permitted to invest only in fixed income instruments of the following issuers: a) The Government of Canada b) The Provinces of Canada c) Ontario Municipal Governments as defined in the Municipal Act, 2001 d) Schedule I and Schedule II banks 8. Limitations and Diversification The Municipality shall diversify its investments to the best of its ability based on type of funds invested and the cash flow needs of those fields. Diversification can be by type of investment, number of institutions invested in and length of maturity. Investment in a municipal investment pool as allowed by Ontario Regulation 43 8/97, such as the One Investment Program should be considered an appropriate method of investment diversification. Below is a table noting the investment grade ratings for high to upper medium grade rates of the qualified bond rating services—Dominion Bond Rating Service, Moody's, Standard & Poor's and Fitch. Table 1 —Investment Grade Ratings DBRS Moody's S&P Fitch Investment Long Short Long Short Long Short Long Short Grade Term Term , Term Term Term Term Terin Term High Grade AAA R-1H Aaa P1 AAA A-l+ AAA F1+ AA Aal AA+ AA+ High Aa2 AA. AA AA Aa3 AA- AA- AA Low Upper A High R-1M Al P2 A-1, A+ Al Medium A R-1L A2 A-2 A A2 Grade A Low A3 A- Page 3 of 5 15-7 The following limitations shall be placed on investments with any one financial institution based on the measure of the investment according to the rating supplied by the qualified bond rating service (DBRS or equivalents of Moody's/S&P/Fitch), taking into account the overall value of the investment portfolio. Table2 —Investment Limitations—By Investment Source Investment Institution Limit Government of Canada No Limit Province of Ontario Maximum 40 % of portfolio Other Provinces of Canada Maximum 30 % of portfolio Schedule I Banks Maximum 30 % of portfolio per bank Schedule II Banks Maximum 10 % of portfolio per bank Ontario Municipal Governments Maximum 20 % of portfolio Municipal Investment Pools Maximum 30 % of portfolio The mix of investment holdings in the portfolio shall be maintained with the following limitations: Table 3—Investment Limitations—By Rating Limitation Long Term (> 1 year) Short Term (< 1 year) Minimum of 20 % AAA R-1 H Maximum of 70 % AA High to AA Low R-1 M Maximum of 10 % A High to A Low R-11, 9. Maximum Maturity To the extent possible, the municipality shall attempt to match its investments with anticipated cash flow requirements. The municipality will not directly invest in securities maturing more than 10 years from date of purchase. Investments will meet the following limitations: • Investments maturing within a year shall not be less than 10% of the total portfolio as of December 3 l (irrespective of the purchase date) • Investments maturing greater than 5 years but less than 10 years at date of purchase shall not exceed 10% of the total investment portfolio It is the intent of the Municipality to hold all investments for the full term until maturity. However, the investments held by the Municipality as per the Investment Policy have*a high liquidity and can be sold in active secondary or resale markets. In the unlikely scenario, if circumstances dictate (such as unpredictable cash demands) and with approval of the Director of Finance/Treasurer, investments may be sold before maturity in the market through the qualified investment brokerage house and financial institutions. 15-8 Page 4 of 5 10. One Fund The One Investment Municipal Investment Program is a pooled investment program designed specifically for the municipal and broader Ontario public sector. It was established in 1993 and is jointly operated by LAS (a subsidiary of AMO) and CHUMS Financing Corp. (a subsidiary of the Municipal Finance Officers' Association of Ontario). In 2000, the Municipality of Clarington invested in the Bond Fund and in 2007, invested in the Equity Fund, as approved by Council. 11. Reporting The Treasurer shall provide a quarterly statement of investments outstanding.to Municipal Council as part of the Quarterly Financial Update Report. Page 5 of 5 15-9 • MEMO (Leading the'Fray CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: November 22, 2013 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — NOVEMBER 25, 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, November 25, 2013: 6. DELEGATIONS See attached Final List. (Attachment#1) Gre ntree, Deputy Clerk AG/jeg cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: November 25, 2013 (a) Scott Ebenhardt & Christine Albee, Canadian Diabetes Association, Regarding Clothing Donation Bins (b) Robert Stevens Regarding Report EGD-035-13, Bowmanville Municipal Identification Display r MEMO (iLeadingthelVay PLANNING SERVICES DEPARTMENT,-- .. CO Fl o- SAL TO: Mayor and Members of Council D>FICCi 0r! C 1 FIL£ FROM: David J. Crome, Director of Planning Services f U0 1 :,I DATE: November 21, 2013 j .:Ei'Ji(aS gel."I, ThF71CV 1 C� EiJCIi1C0�!!G C1ri'_fll',IPAL (-7 0°ERAiIGtL`.� SUBJECT: PSD-068-13 str+','ICES �l.�c,rs PROPERTY TO BE DECLARED SURPLUS AT o TREASURY 4 DARLINGTON BLVD. COURTICE S�Ij`I�LS FILE NOS.: RE 16.15 AND RE 6.4.9.1 C] OTHER N1UPlICIPAL CLERICS FILE As part of the November 25t" GPA agenda there is a report requesting Councildecar` � Darlington Boulevard, Courtice surplus. The report is public and therefore did not include the following confidential information. The interest that we have had in this property is by the adjacent property owner to the north; the wish to purchase Parts 2 3 and 4 from the Municipality to enlarge their site for a Y p p Y 9 commercial tenant. The potential tenant is the LCBO. The Municipality purchased this property from the previous owner of the Courtyard Restaurant property in 2004. At that time the previous owner did not require it and the Municipality needed to provide the public walkway through to Foxhunt Drive and ensure that a future laneway access from Darlington Boulevard to Townline would be built. During the intervening time a number of developments have happened in the area and the laneway is gradually becoming a reality. The Municipality purchased the property for $180,000 with a $90,000 contribution from the Region of Durham to improve traffic operations with the construction of the laneway. An appraisal has been prepared to update the land value estimates that in today's market the lands are in the range of $274,000; however, that is as contributory value to the commercial lands to the north. Essentially there is only one potential purchaser for Parts 2 and 3. Part 4 could be sold as a separate residential lot with a value of appropriately $80,000 to $100,000. However these values are based on the lands being unencumbered. In the negotiation of a land transaction with the potential purchaser we will be looking for them to relocate (if necessary) the public walkway, build and enter into inter-parcel agreements for the rear laneway access, and other typical requirements of a site plan agreement. Should they acquire Parcel 4 it will require an Official Plan amendment to include this parcel within the boundary of the commercial corridor identified as part of the Courtice Main Street Secondary Plan. All other requirements of the Secondary Plan (such as the requirement that all new CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 TF 1-800-563-1195 F 905-623-0830 i PLANNING SERVICES MEMO PACE 2 buildings be constructed with a minimum two storeys) shall be applied to the development proposal. As well, parcels 3 and 4 will need to be rezoned to commercial. There are a number of elements that will have to be addressed as part of a purchase and sale agreement; however, the first step it to have the land declared surplus as recommended in PSD-068-13. David J. Crome DJC:sn cc: Franklin Wu, C.A.O. Patti L. Barrie, Municipal Clerk Department Heads I I, Applications By: 2265719 Ontario Inc., 2084165 Ontario Ltd. & Kirk Kemp ,01 UOM 9 RIM M I 10 191 M I 10 1 M 102 9, ON N Wd \[ol:►,%I1Do] N 0 Clarington Planning Services Department Property Location Map (Bowmanville) N XJ Subject Site L-r Area subject to Amendment to Draft Approval Area subject to Rezoning -j (7 :f. r _ �w yam• - ntario Ltd.;. 2265719 Ontario Inc. (formerly Saysong) ,x Kemp 9 � Sig& .s d �rJs X A. . �s f i1® rrr i� YL@ .- CT rALINr CT "sS V "' Af ❑ s t �4 w 1 d -j (7 :f. r _ �w yam• - ntario Ltd.;. 2265719 Ontario Inc. (formerly Saysong) ,x Kemp 9 � Sig& .s d �rJs X A. . �s f i1® rrr i� Nroposed AMe Annroval of 1 • Eliminate all 11.0 metre lots • Add more 11.3 metre lots • Extend Draft Approval to 2020 a GM BIT. 0 w a 0 w CONCESSION ROAD 3 pattern adjustment • Impact of garage projections •Increase in lot coverage • Timing of development on the balance of the neighbourhood. r Application By: Gwendolyn Thiele, 1361189 Ontario Limited & Claret Investments Limited An application to rezone lands to allow for the creation of 13 single detached residential lots Clarington Planning Services Department Ensure Maps are extended to full screen. Background Plan 40M-2364 Block 100 Thiele Park Block 101 PSW Hancock Neighbourhood Design Plan Comments AgenciesPublicStaff ••• Ensure Maps are extended to full screen. ZBA 2013-0027 Re# PSD-066-13 WILL THE REPLACEMENT OF FOREST BE CONSIDERED? 8. 2 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY: CLOCA CONFIRMS THAT AN EXTENSIVE RESTORATION PLANTING PLAN MUST BE IMPLEMENTED FOR BLOCK 101 PRIOR TO DEVELOPMENT. THE PLANTING PLAN SUBMITTED WITH THE APPLICATION IS NOT ACCEPTABLE TO CLOCA. TO PROVIDE SUFFICIENT PROTECTION OF THE PSW, ADDITIONAL PLANTINGS, INCLUDING BUTTERNUT TREES, ARE REQUIRED. CLOCA DOES NOT OBJECT TO THE REZONING OF THE LANDS, HOWEVER IT RECOMMENDS THAT A HOLDING SYMBOL BE IN PLACE UNTIL THE PLANTING PLAN HAS BEEN IMPLEMENTED TO THE SATISFACTION OF CLOCA AND THE MUNICIPALITY OF CLARINGTON. A PERMIT FROM CLOCA WILL BE REQUIRED PRIOR TO DEVELOPMENT. Mitigation George Reynolds Development site with woodlot 101 site for replacement of woodlot with dirt trail from Park to Greenbelt EIS and identification of butternut Requests to consider 1. The impact of forest removal in  Clarington in general (air quality) 2. The impact on groundwater  recharge and protection of housing from runoff 3. The impact on provincially  significant wetland with or without setback (trees, light, ecological functions) 4. The work of Friends of the Farewell  and Black Creeks DUCKS UNLIMITED BLOCK 101 in Hancock Neighbourhood 2013-11-21 Comments on Re# PSD-066-13 BLOCK 101 by Libby Racansky using statements of this Report and other known facts: Section 2.3 states that: The proposed lots are near a Provincially Significant Wetland (PSW). An 18 metre buffer (minimum) will be provided between the PSW and the rear of the proposed lots: Official Plan Amendment No. 80 to the Clarington Official Plan generally shows the lands to be protected. Section 2.5 states that: During the review of the Hancock Neighbourhood Design Plan, the Central Lake Conservation Authority requested that Block 101 which was previously cleared of vegetation, and will now form part of the buffer to the proposed lots, be enhanced with replanting prior to development of the lots. A planting plan was submitted with the subject application. Any portion of the subject lands identified as PSW and buffer area would be placed in the Environmental Protection (EP) Zone as part of this rezoning application. Section 4.1 states that: According to the Provincial Policy Statement(PPS),development and site alteration shall not be permitted on lands adjacent to significant natural heritage features unless the ecological function of those natural heritage features have been evaluated and it has been demonstrated that there will be no negative impacts. Section 5.1 and 5.2 states that: The Durham Regional Official Plan would allow for the creation of the 13 lots, and would protect the natural heritage features, within an existing residential area. According to the Clarington Official Plan Neighbourhood Design Plan, the PSW lands, buffer and wooded areas identified as Environmental Protection Area in the Official Plan would be zoned Environmental Protection. Section 6.1 states that: Zoning By- law 84-63 provides appropriate protection to lands containing natural features. Section 8.2 states that (summary of previous statements): CLOCA confirms that an extensive restoration planting plan must be implemented for Block 101 prior to development. The Planting Plan submitted with the application is not acceptable to CLOCA. To provide sufficient protection of the PSW, additional plantings, including Butternut trees, are required. CLOCA does not object to the rezoning of the lands, however it recommends that a Holding symbol be in place until the planting plan has been implemented to the satisfaction of CLOCA and the Municipality of Clarington. A permit from CLOCA will be required prior to development. I support all statements of this Report and especially PROTECTION AND RESTORATION of BLOCK 101 PRIOR to DEVELOPMENT and I hope that the Council will as well. This should be done not only for the protection of the wetland, but for the safety and protection of people's well being. I would like to know if our Council recommends that these 4 reasonable requests will be implemented in subsequent report: 1. That the development application be put on Hold until planting Plan (with extensive planting, including butternuts) that would satisfy CLOCA will be submitted and fully implemented z. That narrow dirt trail (that would promote infiltration into ground) within the 101 block along the fence of rear yard lots that would join the Park with the Greenbelt along the Hancock Rd. rather than the use of busy and paved sidewalk along the George Reynolds Drive. s. That the sensor driven lighting of housing units at the rear yards be used rather than ordinary lighting that is affecting wetland functions (vegetation growth, breeding, etc) a. That the woodland within the building block be cleared outside of breeding season and or fall arrival of migratory birds according to the Migratory Bird Convention Act. Thank you, Libby Racansky i -T- Proposed draft plan of subdivision and rezoning to permit a 114 -unit residential development Hook lay Ave n us Childs Court 4. LO O LO Cowl A%f,0108 L) v. F 4 MIF,'Ok mw�qtfts-rp I I I'll II I y I y 1 1 ---- -- - - ---� 17a.S- � pto 3( I I I LOT 7 j I�rB 1 AMENITY ES y REA �I I LOT 6 1 i en 1 Q�L_-R -0 &E) -- -N -o-3 i0 WN D 9 W,VAN VILL n CONCEPTUAL SITE PLAN FOR BLOCK 30 OF DRAFT PLAN OF SUBDIVISION, PART 1, PLAN IOR —P964, PART OF LOT 12, CDNCESSION 2 FORMERLY W THE TOVIN OF 80l10AANVILLE NOW IN rKE MUNICIPALITY OF CLARING70N REGIONAL MUNICIPALITY OF DURHAM Site Statistics AEDNM,1 DEN9IY 2299)EIVIIM BLOCK 30 6.0.2LOCK70VAHOLM S umn PAWNO RPQUIEED 11 SDP M 1 W I 14 uN4 PAR7N0 EBOVIDED 7110 p 02j] .DOm, 2H - 50+ O 4.50x6.00m BulkIKCyany 0,74 ha 13.4S A—b— &P 1g 0.351% IL11% Lull ed Am 1.00 h 47.6 % TY01151YMU- 2A3h. 100.05 Pollux Developments Bowmanville I1,T4.F.1 I A.4 111PKA a-17. 6 ?6 -1 �• ywuABr, 6013 1:500 SP -i • Agencies • Public • Staff pr NOTICE ,��.s n.M�uw. rue.ecsenaoois national C� LOT' HE LIN 1 - 800 - 505 - 5525 a diabetes trust The Municipality of Clarington 40 Temperance St Bowmanville, ON L1C 3A6 November 5, 2013 1 am happy to be writing you on behalf of the National Diabetes Trust Clothesline program in support of the Canadian Diabetes Association(the Association)to request a meeting regarding a very important issue at your earliest convenience. The Association is proud to be a significant community partner that creates local jobs and reinvests directly back into the communities we serve through a variety of programs and services supporting people living with diabetes. We would like to speak with you about amending current Zoning By- Law 84-63 as the enforcement of the By-Law direct affect our ability continue operations in Clarington. With 9 Million Canadians(25%) living with Diabetes and Pre-Diabetes,this is an important issue for many Canadians who benefit from the CDA's Research, Education and Programs. Please find attached pertinent information on the charitable donation drop box program, who we partner with and some guiding principles for an amendment to the current Zoning By-Law. Would you please provide 2 or 3 times next week that you would be available to speak by phone for a few minutes on this issue? Sincerely, Scott Ebenhardt National Business Development Director National Diabetes Trust 1400—522 University Ave Toronto, ON M5G 2R5 scoff.ebenhardt(a)diabeteselotheslines.ea 416-408-7030 All proceeds raised by Clothesline")benefit the Canadian Diabetes Association,and form an integral part of the Association's charitable fundraising activities. Clothesline?is operated by the NATIONAL DIABF.ITS TRUST'UIi CORP.as trustee of National Diabetes Trust. NATIONAL DIABETES TRUSI EIi CORP.as trustee of National Diabetes Trust 1400—,522 University Avenue,Toronto,ON IV15G 2K5 (dj Canadian Diabetes A,s5ocication By-law Enhancements for Clothing Donation Bins in The Municipality of Clarington Principles for the development of an amendment to the zoning by-law governing Clothing Donation Bins in Clarington The Clothesline program,which operates clothing donation bins across Canada, is an integral part of the Canadian Diabetes Association's(the Association)continued success. The funds generated through these bins helps support the important work of the Canadian Diabetes Association as they lead the fight against diabetes. In particular,these funds allow the Association to help people with diabetes live better lives and to fund important research to find a cure. Every dollar raised through the Clothesline program is reinvested back into important programs and services that directly support the people and the community the Association serves. In Ontario, programs such as Diabetes camps(D-Camps),diabetes information and awareness seminars and the funding of important research would not be possible without programs like Clothesline. The Association understands that in order to maintain a viable,transparent and properly enforceable clothing donation bin program in the Municipality of Clarington, either an exemption must be made to the existing by law or a new regulatory framework to govern the existence of all bins throughout Clarington needs to be developed. Below sets out a number of the guiding principles that the Association believes should be reflected in an amended by-law and ones that we believe are critical for a future by-law to be successful. Guiding Principles Accountability 1. All clothing donation bins in the Municipality of Clarington must be licensed and registered with the city. 2. A licensing fee must be paid by all clothing bin operators. Such fee should cover the cost of enforcement of the program including bin removal. 3. There must be written agreement between private property owners and clothing bin operators (for profit or not for profit)for a bin to exist there and this agreement must be filed with the Licensing department of the Municipality of Clarington. Transparency and Public Disclosure 4. Permit tag or license must be clearly visible on the clothing donation bin, perhaps in addition by RFID tag for ease of enforcement. S. Any charities that are involved in a clothing donation bin must be registered charities and their charitable CRA registration number must be clearly displayed on the clothing donation bin. In addition,the percentage of the proceeds received by the charity must also be displayed. 6. Any clothing bin operator-for profit or charity—must have a complete street address and valid phone number in Ontario so that they can be contacted if there are issues with its bin. 7. All clothing donation bin operators must publish a publicly accessible list of its clothing donation bin locations preferably on its website. Safety,Enforcement and Protection 8. Charities that enter into agreements with private clothing donation bin owners bear some responsibility for the business practices of its partner. In such case as a private bin owner does not live up to its requirements under the new clothing donation bin policy,any costs incurred to the clothing bin owner will also obligate the partner charity for costs if bin owner does not pay. 9. Clothing donation bins should only be allowed to be placed on paved areas and not on grassed areas where ownership of land is not easily determined i.e. bins on parking lot medians. Bins placed on grassed areas should be removed immediately. 10. Property owners that enter into agreements with a clothing bin operator should not be held responsible for the actions of the clothing bin operator. If a property owner is not able to have an unwanted clothing donation bin removed from its property,city will remove bin. Removal costs should be charged to clothing bin operator and charity partner. 11. A standard should be established for the construction and maintenance of all clothing donation bins which conforms to the Municipality of Clarington fire code and ensures public safety. ! Thank Youl Your Donabon diabetesca • .. • ..- f About Clothesline Each year,Clothesline diverts more than 46 million kilograms of clothing and household items from our landfills.This translates into a savings of 840 million kWh of energy and reduces our donors'carbon footprint by 115 million kilograms of CO2 emissions.This energy savings is equivalent to planting 8.2 million trees! About the Canadian Diabetes Association The Canadian Diabetes Association is a registered charitable organization, leading the fight against diabetes by helping people with diabetes live healthy lives while we work to find a cure. Our professional staff and more than 20,000 volunteers provide education and services to help people in their daily fight against the disease, advocate on behalf of people with diabetes for the opportunity to achieve their highest quality of life,and break ground towards a cure • . • • • • donated • • to attend • yY'a Diabetes Camp a[[ows her to attend Diabetes Cam• Av - HQ(ne -Get Involved ©sriara Find a Drop Box or Donation Centre Near You Search by using your postal code Or your fuEl address OR by city and province (Example MG 2R5 OR 522 University Ave Toronto ON OR Toronto Ott) I$t {Aron on Radiu in Km 15, Search see of runs T You are heret (drop Box Attended Slation 9 Clothesline Office ♦ Canadian Otabetns Association O flca �Value Wage Shire AreaArea er.°atu�n ?.lap -- _ Armstrong IGA F 9 1 F lift St Orono < > Distance from your localr.on Is 0 2 T Wilmot Creek 1 V4'nE-,_qr10tk5e or ti€wcastle, r� Utstance Iron y.,lr locaton Is 9? T Joe's Barber Shop 2363 Tauton Rid'HarVWn. Cn:.tartte frown yaur localkon Is 9 9 • f Neirs Sere Cent m Srephan'sGutch ?691 Old Scugog Rd Enniskillm. Cor2servarlon Area Dl5Ear1'.e from'y«11r IOCa1On Is 12 t ,� 43 x li rs>r3rE..i 2 i.aatarra . o Orufif RIIp91r•w1�p•rror o 4 4: O Old Scugag Rd Q fl 2363 Taunton Rd ot r � - �� tl 6o+rrnanvd6e Canadian Diabetes ASS-0101--t C'1 The Canadian Diabetes Association We are a member-based, independently governed charitable association, founded in 1953 by Dr. Charles Best, co-discoverer of insulin. The Association's mission is to lead the fight against diabetes by helping people with diabetes live healthy lives while we work to find a cure. Our value driven culture is committed to excellence, partnership, innovation, integrity and respect. Who we are and what we do Across the country, the Association is supported in our efforts to lead the fight against diabetes by a community-based network of volunteers, members, employees, healthcare professionals, researchers and partners. By providing education and services, advocating on behalf of people with diabetes, supporting research and translating research into practical applications—we are delivering on our mission. How we are leading the fight against diabetes The Association is dedicated to advocating on behalf of people with diabetes and giving them a strong voice. Each year, we invest in the best, most innovative diabetes research in Canada.We also bring diabetes research to life by translating our Clinical Practice Guidelines into practical tools for healthcare professionals. Diabetes — a global pandemic The International Diabetes Federation estimated that, globally, 366 million people had diabetes in 2011; by 2030 this will have risen to 552 million. Today, approximately 9 million Canadians live with diabetes or prediabetes. • An estimated 3 million with diabetes •An estimated 6 million with prediabetes • Of these, nearly one million people have diabetes without being aware that they have the disease What is diabetes? Diabetes is a chronic, often debilitating and sometimes fatal disease in which the body either cannot produce insulin or cannot properly use the insulin it produces. This leads to high levels of glucose in the blood, which can damage organs, blood vessels and nerves. The body needs insulin to use glucose as an energy source. Type 1 diabetes is an autoimmune disease that occurs when the pancreas no longer produces any insulin or produces very little insulin. Type 2 diabetes is a disease that occurs when the pancreas does not produce enough insulin to meet the body's needs and/or the body is unable to respond properly to the actions of insulin (insulin resistance) Canadian Diabetes nss-clorCn Prediabetes refers to a condition where a person's blood glucose levels are higher than normal, but not yet high enough to be diagnosed as type 2 diabetes. Gestational diabetes is first diagnosed or first develops during pregnancy. Blood glucose levels usually return to normal following delivery. Both mother and child are at higher risk of developing type 2 diabetes later in life. The disease •Type 1 diabetes usually develops in childhood or adolescence and affects up to 10%of people with diabetes •Type 2 diabetes usually occurs later in life and affects approximately 90% of people with diabetes • Gestational diabetes affects 2% to 4% of all pregnancies • Nearly 50% of people with prediabetes will develop type 2 diabetes Risk factors for type 2 diabetes • Being 40 years of age or older • Having a close relative(parent or sibling)who has type 2 diabetes • Being a member of a high-risk population, such as those of Aboriginal, Hispanic, Asian, South Asian or African descent • Having a history of gestational diabetes or prediabetes or some evidence of the complications of diabetes(such as eye, nerve or kidney problems) • Having heart disease, high blood pressure, high cholesterol or being overweight(especially around your abdomen) The serious complications • Diabetes can shorten life expectancy by 5 to 15 years •80% of Canadians with diabetes die from a heart attack or a stroke •42% of new kidney dialysis patients in 2004 had diabetes •Diabetes is the single largest cause of blindness in Canada •7 of 10 non-traumatic limb amputations are the result of diabetes complications • 25%of people with diabetes suffer from depression The prevalence of diabetes •Today, 1 in 4 Canadians lives with diabetes, undiagnosed diabetes, or prediabetes • By 2020, 1 in 3 Canadians will live with diabetes if current trends continue • By 2020, it is expected that nearly 11 per cent of the population will be living with diabetes The cost of diabetes Not only is diabetes a personal crisis for people with the disease, it is also a tremendous financial burden for the Canadian healthcare system and society as a whole.The report, Diabetes: Canada at the Tipping Point finds that: • Diabetes cost our healthcare system and economy$11.7 billion in 2010The cost of the disease is projected to cost$16 billion annually by 2020 Vakwiffliage Good deeds.Great deals. Janelle Robertson May 14,2012 Vice President,Business Operations National Diabetes Trustee Corp. 860 Topsail Road,Westbrook Plaza Mount Pearl,NL A1N 3J7 Dear Janelle, We wanted to take a moment and reflect on our successful partnership with your team at Clothesline' and the Canadian Diabetes Association (CDA), and also reinforce our commitment to supporting your mission to promote the health of Canadians and eliminate diabetes. As you know,Value Village was founded and continues to be dependent on the principle of providing communities with social benefits. For more than 60 years,we've provided a platform to connect communities for a common good through donated goods - building a bridge between donors with surplus clothing and household items with shoppers who can give those items a second life. Simply put,we believe that goods repurposed within local communities should benefit local communities,which is why we choose to source the goods we sell in our stores from local nonprofit organizations like CDA.The social economics of our business and partnerships are easy-the more a community donates and shops,the more the community, our stores, our nonprofit partners and the people they serve benefit. Value Village takes tremendous pride in its 26-year partnership with CDA. By purchasing and reselling donated items collected by Clothesline,we're able to provide CDA with essential funding for diabetes research, education and advocacy; low-cost and high quality goods for consumers; strong career tracks and benefits for our more than 7,000 employees across Canada; and benefits to the environment through the reuse and recycling of goods. We recognize that the ability of deserving charitable organizations like CDA to secure merchandise through multiple collection platforms, including donation boxes, is critical to supporting your mission and enabling Value Village to continue to operate a thriving retail business. We look forward to our ongoing partnership with Clothesline and CDA and are committed to raising awareness that contributions of gently used items are part of the simple, convenient,yet impactful way for the community to support CDA and all that you do to eliminate a disease that affects one in four Canadians today. Sincerely, Anny Leclerc Director of Supply Chain, North America Value Village M141 Hamitton CITY OF HAMILTON PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT Parking and By-law Services Division TO: Chair and Members WARD(S) AFFECTED: CITY WIDE Planning Committee COMMITTEE DATE: September 18, 2012 SUBJECT/REPORT NO: Donation Boxes (PED12175)(City Wide) SUBMITTED BY: PREPARED BY: Tim McCabe, Kelly Barnett (905) 546-2424 Ext 1344 General Manager Marty Hazell (905) 546-2424 Ext 4588 Planning and Economic Development Department SIGNATURE: RECOMMENDATION (a) That the 12 month pilot project approved by City Council on April 25, 2012, to address illegal dumping across the City be expanded to include monitoring and progressive enforcement of illegal dumping around donation boxes; (b) That an educational and awareness campaign with respect to donation boxes be approved which includes: (i) development of a webpage and Cable 14 video providing to the public: (1) advice on how to report box locations and illegal dumping around donation boxes; (2) a list of known donation box locations; and, (3) information about donation boxes including that they may not always be operated by charitable organizations and that any/all proceeds from donations may not be going to charities. Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. Values: Honesty,Accountability,Innovation,Leadership,Respect,Excellence,Teamwork SUBJECT: Donation Boxes (PED12175) (City Wide) - Page 2 of 6 (ii) delivering letters to all known private properties owners who permit donation boxes on their property informing them of possible consequences to them, including charges, for not complying with all applicable by-laws. (iii)delivering letters to all donation box operators informing them of their responsibilities and the consequences, including charges, of not complying with City by-laws. (c) That staff report back on the results of the additional monitoring and enforcement of donation boxes as part of the illegal dumping pilot project. EXECUTIVE SUMMARY At its April 3, 2012 meeting, the Planning Committee directed staff "....to conduct a detailed and comprehensive investigation into the feasibility of creating a licensing/permit system for charitable donation boxes, and report back to the Planning Committee at the earliest convenience." Rather than a licensing/permit system to control illegal dumping around donation boxes, this Report recommends using the temporary staff resources from the 12 month illegal dumping pilot project to undertake progressive enforcement measures and an education campaign to address issues related to illegal dumping around donation boxes. Alternatives for Consideration— See Page 6 FINANCIAL/STAFFING / LEGAL IMPLICATIONS (for Recommendation(s) only) Financial/ Legal: N/A Staffing: It is recommended that the temporary staff assigned to the 12 month illegal dumping pilot project be utilized to manage the website, monitor and progressively enforce illegal dumping around donation boxes. However, once the pilot project ceases, no staff resources would be available. HISTORICAL BACKGROUND (Chronology of events) The Planning Committee, at its April 19, 2011 meeting, discussed concerns respecting the proliferation of donation boxes throughout the City and problems associated with illegal dumping around them. Similar concerns were also previously raised at the Audit and Administration Committee on January 16, 2008, and at the City's Solid Waste Management Master Plan Steering Committee on November 11, 2007. Staff reported to Mayor and Members of City Council in an Information Update dated November 9, 2011, and expressed the opinion that there was no need to introduce a Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. Values: Honesty,Accountability,Innovation,Leadership,Respect Excellence,Teamwork SUBJECT: Donation Boxes (PED12175) (City Wide) - Page 3 of 6 licence/permit system to regulate donation boxes because better compliance was being achieved through enforcement of existing by-laws. At the April 3, 2012 Planning Committee meeting, concerns were again raised regarding illegal dumping around donation boxes and the fact that, while they appear to be operated by registered charities, some are not. The Planning Committee approved the following motion: "9.1 Charitable Donations Boxes Whereas the enforcement staff conducted a proactive enforcement blitz of donation boxes across the City in 2011, to determine if existing by-laws combined with proactive enforcement could control the proliferation of donation boxes throughout the City and the problems associated with illegal dumping around them, And whereas temporary compliance was achieved in most cases, but additional staff resources would be required to ensure continual compliance with City By-laws; And whereas other Cities are exploring Licensing/Permit systems to control the proliferation of donation boxes and to ensure that they are associated with registered charitable organizations; Therefore be it resolved that Staff be directed to conduct a detailed and comprehensive investigation into the feasibility of creating a licensing/permit system for charitable donation boxes, and report back to the Planning Committee at the earliest convenience." POLICY IMPLICATIONS N/A RELEVANT CONSULTATION Legal Services was consulted in the preparation of this Report as were 11 other municipalities, donation box operators and charitable organizations. ANALYSIS / RATIONALE FOR RECOMMENDATION (include Performance Measurement/Benchmarking Data, if applicable) Donation boxes assist in diverting clothing, household items, etc. from landfills and assist charitable efforts. However, the issue of illegal dumping and upkeep of donation boxes is not unique to Hamilton, and not a new problem. Hamilton and all municipalities surveyed generally address the issues through enforcement of applicable by-laws. Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. Values: Honesty,Accountability,Innovation,Leadership,Respect,Excellence,Teamwork SUBJECT: Donation Boxes (PED12175) (City Wide) - Page 4 of 6 Eleven municipalities surveyed (Barrie, Brampton, Kitchener, Oshawa, Thunder Bay, Toronto, Vaughan, Region and City of Waterloo, Windsor and Winnipeg) report that they do not allow donation boxes on municipal property and that they take appropriate measures to have the boxes removed. While all municipalities surveyed use applicable by-laws to deal with issues of waste left around donation drop boxes, only three of the 11 municipalities have a licensing/permit system; Brampton, Toronto and Vaughan: Brampton is in the process of removing donation boxes from their by-law as operators are registered charities which are exempt from the licensing requirements and there are no other operators to regulate; - Toronto requires licences for donation boxes except for those being operated by a charitable organization. The current fees are an initial licence fee of $488.31, and $206.98 for renewals as well as a $60 permit fee for each box location. However, no licences have been issued to-date although one application has been submitted for processing. Toronto has indicated that requiring licences for donation boxes has not provided any assistance in keeping the area around donation boxes clean and they still have challenges with unlicensed/un-permitted boxes on City and private property. Toronto staff is reviewing their by-law and expect to report back to their Licensing and Standards Committee in October, 2012 on the feasibility of banning all boxes, or expanding licensing to include all boxes with no exemptions for registered charities; and, Vaughan prohibits all donation boxes, except those operated by charities, but they are currently considering allowing all donation boxes. Vaughan also indicated that their fee of$50 per box/per location and $25 administration fee will have to be greatly increased as currently it does not cover their administration costs. In Hamilton, donation boxes are not allowed on City property or road allowance and staff take the appropriate measures to have them removed on a reactive, complaint basis. The general concerns and issues related to donation boxes are: items left outside the boxes, that the public may not be aware that donation boxes are not always operated by charitable organizations, and that proceeds from donations may not be going to charities. The City's Yard Maintenance By-law is used to deal with issues of waste left around donation boxes on private property. Over the past two months, staff has proactively inspected and created an inventory of 68 donation boxes throughout the City. During the investigation staff found that the donation boxes in Hamilton are generally operated by charitable organizations, non profit or for profit operations. In the case of non profit or for profit operations, it is unclear if any profits or a percentage thereof are donated to charitable organizations. Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. Values: Honesty,Accountability,Innovation,Leadership,Respect,Excellence,Teamwork SUBJECT: Donation Boxes (PED12175) (City Wide) - Page 5 of 6 There were problems found during the inspections as some boxes were over their capacity such that items were being deposited outside the boxes. Operators were quick to respond to the problems when brought to their attention by staff, and they stated their intent to provide more frequent box clearing so as to avoid problems with items being left outside the box in the future. Upon re-inspection of all boxes, staff identified only a few continuing problems and took appropriate action to resolve the issues. Operators advised that they understand the illegal dumping concerns and expressed an interest in working with the City to promote a clean and positive image. While operators were understanding and cooperative when contacted, staff acknowledges that continuous and on-going monitoring is required to most effectively deal with the problems of illegal dumping around donation boxes across the City, and to ensure long-lasting compliance. Staff believe that an educational campaign for private property owners, donation box operators and the public, combined with progressive enforcement of applicable by-laws, is the most prudent and effective means of dealing with the illegal dumping problem. Such an educational and awareness campaign could include: private property owners and operators being informed of their responsibilities and the consequences, including charges and fee for inspection costs for not complying with City by-laws. This includes being informed that the City can hold a private property owner responsible for non-compliance with applicable by-laws, therefore, they will be more diligent in correcting problems occurring on their properties, rather than assuming that the donation box operator is solely responsible; and, a Cable 14 video and a webpage providing instructions on reporting illegal dumping around donation boxes, information on the operation of donation boxes and a list of known donation box locations, encouraging both the public and operators to provide updates. While a database identifying location and operator contact information for all known donation box locations has been created, current by-law enforcement resources will not allow effective proactive monitoring of all locations. Staff could continue to address issues on a complaint basis or Council could adjust the November 2008 approved by- law enforcement priorities to provide for more attention to donation boxes at the expense of other priorities. Because the problem is related to illegal dumping, staff recommends expanding the scope of the Council approved (April 25, 2012) 12 month illegal dumping pilot project to address illegal dumping across the City. The temporary staff assigned to illegal dumping across the City could, as time permits, be used to provide more monitoring of donation boxes, and to take appropriate progressive enforcement against donation box operators and private property owners responsible for non-compliance. Staff will report back on the efforts as part of the illegal dumping pilot project. However, once that pilot project Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. Values: Honesty,Accountability,Innovation,Leadership,Respect,Excellence,Teamwork SUBJECT: Donation Boxes (PED12175) (City Wide) - Page 6 of 6 ceases, no staff resources would be available for donation boxes, and efforts would return to complaint based, reactive enforcement only. ALTERNATIVES FOR CONSIDERATION (include Financial, Staffing, Legal and Policy Implications and pros and cons for each alternative) A total ban on donation boxes could be 'considered but this would have a significant negative impact on charitable organizations. Banning donation boxes, except for those operated by registered charitable organizations, might not be legally defensible. A licensing/permit system could be developed to regulate donation boxes. However, other municipalities report that licensing/permit systems do not assist in curtailing illegal dumping around boxes, and that licensing/permit systems which exempt charities are not effective because most operators are registered charitable organizations, or may have business relationships with registered charitable organizations donating all or some of their profits. CORPORATE STRATEGIC PLAN (Linkage to Desired End Results) Focus Areas: 1. Skilled, Innovative and Respectful Organization,2. Financial Sustainability, 3. Intergovernmental Relationships, 4. Growing Our Economy, 5. Social Development, 6. Environmental Stewardship, 7. Healthy Community Healthy Community • Promotes quality of life for all residents of the City APPENDICES/ SCHEDULES KB/dt Vision:To be the best place in Canada to raise a child,promote innovation,engage citizens and provide diverse economic opportunities. Values: Honesty,Accountability,Innovation,Leadership,Respect,Excellence,Teamwork