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HomeMy WebLinkAbout02/03/2014 UlaFln On Leading the Way 91 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE AGENDA DATE: February 3, 2014 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 January 20, 2014 4-1 5. PUBLIC MEETINGS No Public Meetings 6. DELEGATIONS (Draft List at Time of Publication —To be Replaced with Final 6-1 . List) (a) Hida Manns, Clarington Representative to the Durham Environmental Advisory Committee (DEAC), Regarding the Durham Environmental Achievement Awards (b) Steve Coles, President, Clarington Older Adults Association, Regarding Report CSD-002-14, Older Adult Strategy—Terms of Reference (c) Chris Bobyk, Development Director, The Forrest Group, Regarding Addendum to Report PSD-062-13, Applications for an Official Plan Amendment and Zoning By-law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. &A. Agenda - 2 - February 3, 2014 (d) Dr. Al Lightstone, President, Valcoustics, on behalf of The Forrest Group, Regarding Addendum to Report PSD-062-13, Applications for an Official Plan Amendment and Zoning By-law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment (e) Abby Salb, Sr. Environmental Engineer, SENES Consultants, on behalf of The Forrest Group, Regarding Addendum to Report PSD-062-13, Applications for an Official Plan Amendment and Zoning By-law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment 7. PRESENTATIONS No Presentations 8. PLANNING SERVICES DEPARTMENT (a) PSD-010-14 An Application to Amend the Zoning By71aw to Allow for 8-1 the Severance of an Existing Single Detached Dwelling from Lands to be Retained for Future Development Applicant: Steve Krezanowski 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-007-14 Clarington Arms Subdivision, Bowmanville, Plan 9-1 40M-2142, `Certificate of Acceptance' and 'Assumption By-law', Final Works Including Roads and Other Related Works (b) EGD-008-14 Penwest Subdivision Phases 5A and 5B, Bowmanville, 9-6 Plans 40M-2094 and 40M-2203, `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works (c) EGD-009-14 Liberty Crossing Subdivision Phases 1 and 2, 9-11 Bowmanville, Plans 40M-2296 and 40M-2341, `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports G.P. &A. Agenda - 3 - February 3, 2014 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-002-14 Older Adult Strategy—Terms of Reference 12-1 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-005-14 Appointment to Clarington Museums and Archives Board 13-1 14. CORPORATE SERVICES DEPARTMENT (a) COD-001-14 Public Sector Salary Disclosure Act Report for 2013 Year 14-1 (b) COD-002-14 Joint Health and Safety Committee —2013 Summary 14-5 15. FINANCE DEPARTMENT (a) FND-001-14 List of Applications for Cancellation, Reduction, 15-1 Apportionments or Refund of Taxes 16. SOLICITOR'S DEPARTMENT No Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS (a) Addendum Applications for an Official Plan Amendment and Zoning 18-1 to Report By-law Amendment to Permit the Development of a 155 PSD-062-13 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment Applicant: The Forrest Group 19. OTHER BUSINESS 20. COMMUNICATIONS None 21. CONFIDENTIAL REPORTS No Reports 22. ADJOURNMENT Clarington LeaAing the Stay General Purpose and Administration Committee Minutes January 20, 2014 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 20, 2014 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster left at 5:37 p.m. Councillor R. Hooper Councillor J. Neal arrived at 9:37 a.m. and left at 5:35 p.m. Councillor W. Partner Councillor C. Traill Councillor W. Woo Absent: Councillor M. Novak Also Present: Chief Administrative Officer, F. Wu Facilities Manager, G. Acorn arrived at 2:54 p.m. Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Manager of Internal Audit, C. Carr Director of Community Services, J. Caruana left at 2:49 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Traill announced the Art from the High Schools Show at the Visual Arts Centre opening on Sunday, January 26, 2014 from 2:00 p.m. to 4:00 p.m. - 1 - 4-1 General Purpose and Administration Committee Minutes January 20, 2014 Councillor Woo announced the following upcoming events: • National Non-Smoking Week between January 19 to 25, 2014. He noted that the, the Region of Durham is hosting a workshop on Wednesday, January 22, 2014. • Economic Development Initiatives Luncheon with Minister Gary Goodyear, hosted by the Clarington Board of Trade on Thursday, January 23, 2014 at 11:30 a.m. at Zante's Restaurant in Bowmanville. • Newcastle Fellowship Baptist Church dedication and ribbon cutting for the newly constructed auditorium and fellowship hall on Sunday, January 26, 2014 at 10:30 a.m. • Newcastle Village Community Hall Board Election for 2 Members on Tuesday, January 21, 2014 at 7:00 p.m. at the Hall. • People's Republic of China Counsel General is hosting the Chinese New Year Banquet on Friday, January 24, 2014 at the Premiere Ballroom and Convention Centre in Richmond Hill. Councillor Neal arrived at the meeting at 9:37 a.m. Councillor Hooper announced the following upcoming events: • Clarington Older Adults Association's Rabbie Burns Luncheon on Tuesday, January 21, 2014 at 11:30 a.m. • Clarington Older Adults Association's Ladies Night on Thursday, February 13, 2014 at 6:00 p.m. • Clarington Older Adults Association's Youth Community Leaders Event on Saturday, February 15, 2014 at 5:30 p.m. at the Courtice Community Centre. • Central Lake Ontario Conservation Authority Annual General Meeting on Tuesday, January 21, 2014 at the Board Office. • Kawartha Region Conservation Authority Annual General Meeting on Wednesday, January 22, 2014 at the Board Office. • Heritage Week between February 17 to 23, 2014 including presentations by Newcastle Historical Society and a Barn Dance at the Clarington Beech Centre. Councillor Partner announced the following upcoming events: • Clarington Older Adults Association's Ladies Night on Thursday, February 13, 2014 at 6:00 p.m. • Kendal Lions Club Valentines' Dinner on Friday, February 14, 2014 at 6:00 p.m. at Kendal Community Centre. - 2 - 4-2 General Purpose and Administration Committee Minutes January 20, 2014 Councillor Traill added that there will also be a Valentine Cafe on February 14, 2014 at 7:00 p.m. at the Tyrone Community Centre. Councillor Hooper added that the Clarington Tourism Marketing Board Annual General Meeting on Tuesday, January 28, 2014 at the Holiday Inn Express in Bowmanville. Mayor Foster attended the following events: • Covenanting Service for Rev. Michelle Brotherton at St. Paul's United Church on Sunday, January 19, 2014 at 3:00 p.m. • Greater Toronto Area Mayor's Meeting, on Friday, January 17, 2014, organized by Mississauga's Mayor Hazel McCallion, to discuss the request for funding to cover ice storm and flooding costs. Mayor Foster announced the following upcoming events: • Newcastle Bondhead Ratepayer's Association Meeting, with Mayor Foster as speaker, on Monday, January 20, 2014 at 7:30 p.m. • Councillor Woo will be the speaker at Men's Breakfast at Newcastle United Church on Saturday, January 25, 2014 at 8:00 a.m. MINUTES Resolution #GPA-021-14 Moved by Councillor Woo, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on January 6, 2014, be approved. CARRIED PUBLIC MEETING There were no public meetings held. - 3 - 4-3 General Purpose and Administration Committee Minutes January 20, 2014 DELEGATIONS DELEGATION OF VALERIE CRANMER, VALERIE CRANMER AND ASSOCIATES, REGARDING REPORT PSD-009-14, REGARDING AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO CANADIAN TIRE MOTORSPORT PARK Valerie Cranmer, Valerie Cranmer and Associates, was present,regarding Report PSD-009-14, regarding an Application for a Clarington Official Plan Amendment and Rezoning to Allow Camping on Lands Adjacent to Canadian Tire Motorsport Park. Ms. Cranmer stated that Republic Live is in support of the recommendations contained in Report PSD-009-14. She stated that Republic Live is committed to continue working with staff to finalize the site plan and traffic plan for this year's festival, as well as addressing residents' concerns. Ms. Cranmer addressed each of the concerns raised in Ms. Lloyd Swail's written submission, including conformation to the Oak Ridges Moraine Conservation Plan and Act, best management practices, family camping area, buffer zone, traffic management, carpooling, working with emergency agencies, sanitation and loss of cell phone reception. She concluded by encouraging the Committee to adopt the recommendations of Report PSD-009-14. DELEGATION OF SUSAN LLOYD SWAIL REGARDING REPORT PSD-009-14, REGARDING AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO CANADIAN TIRE MOTORSPORT PARK Susan Lloyd Swail was present, on behalf of her clients, Leslie and Kenneth Kerrigan, regarding Report PSD-009-14, regarding an Application for a Clarington Official Plan Amendment and Rezoning to Allow Camping on Lands Adjacent to Canadian Tire Motorsport Park. She made a verbal presentation to accompany a handout outlining her concerns. Ms. Lloyd Swail stated that she has three primary concerns regarding the application: the application is to permit low intensity recreational uses, not major recreational uses; according to the Ganaraska Region Conservation Authority, the impact of the use has not been determined through the natural heritage evaluation; and the public hearing did not allow the public or agencies to make representations regarding the Official Plan amendment and Zoning By-law amendment to consider this use as a major recreational use on the Oak Ridges Moraine. She provided details of her concerns, specifically as it relates to the Oak Ridges Moraine Conservation Plan and Act. Ms. Lloyd Swail concluded by stating that she believes there are additional studies and agency comments required to consider an application regarding a major recreational use. She urged the Committee to deny the application for an Official Plan amendment and Zoning By-law amendment for the subject property. - 4 - 4-4 General Purpose and Administration Committee Minutes January 20, 2014 DELEGATION OF VIC SUPPAN REGARDING REPORT PSD-006-14, AN APPLICATION TO REPEAL HERITAGE DESIGNATION, 210 KING AVENUE WEST, NEWCASTLE VILLAGE Vic Suppan had previously advised the Municipal Clerk's Department that he was withdrawing his delegation. DELEGATION OF PETER THORNE REGARDING REPORT PSD-006-14, AN APPLICATION TO REPEAL HERITAGE DESIGNATION, 210 KING AVENUE WEST, NEWCASTLE VILLAGE Peter Thorne was present regarding Report PSD-006-14, an Application to Repeal Heritage Designation, 210 King Avenue West; Newcastle Village. Mr. Thorne provided the Committee with background on the designation, condition, and repairs of his home. He stated that he initiated the designation, it was not thrust upon them. Mr. Thorne added that he and his wife had entered into a contract with the Municipality, to register his house with a heritage designation, in exchange for grants. He believes that, since the Provincial grant program was discontinued shortly after he designated his house, that the contract was never "consummated". Mr. Thorne asked that the designation be repealed because the grant possibilities, offered in 1995, are no longer available. He explained the costs to maintain a designated house are very high. Mr. Thorne stated that he was also concerned that, in the past 19 years, no one had ever discussed the possibility of changing the designation on his property, which has increased his costs, but now that possibility has arisen. SUSPEND THE RULES Resolution #GPA-022-14 Moved by Councillor Partner, seconded by Councillor Woo THAT the Rules of Procedure be suspended to allow Mr..Thorne to speak for an additional five minutes. CARRIED Mr. Thorne concluded by urging the Committee to repeal the heritage designation on his home to allow him the freedom to make changes to items such as updating the windows and floors without going through an application process. - 5 - 4-5 General Purpose and Administration Committee Minutes January 20, 2014 DELEGATION OF ANGELA TIBBLES, CHAIR, CLARINGTON HERITAGE COMMITTEE, REGARDING REPORT PSD-006-14, AN APPLICATION TO REPEAL HERITAGE DESIGNATION, 210 KING AVENUE WEST, NEWCASTLE VILLAGE Angela Tibbles, Chair, Clarington Heritage Committee (CHC), was present regarding Report PSD-006-14, an Application to Repeal Heritage Designation, 210 King Avenue West, Newcastle Village. Ms. Tibbles stated that the CHC is in support of the recommendations contained in Report PSD-006-14. She thanked Mr. and Mrs. Thorne for the care they have taken with their home. Ms. Tibbles added that she understands Mr. Thorne's frustration but does not agree that the designation was contingent on receiving funding. She stated that the CHC maintains that the house contains significant heritage features which make it important to protect the house from changes and development. Ms. Tibbles agreed with Mr. Thorne in that there have been no heritage funds available until the Municipality of Clarington recently created the Community Improvement Plan funds. She explained that Mr. Thorne was invited to a CHC meeting and that the CHC has extended an offer to make changes to the designation to consider removing certain aspects. Ms. Tibbles stated that Mr. Thorne did not attend a CHC meeting and indicated he doesn't want changes to the designation by-law but rather that he wants it repealed. She shared a story about her own designated home where the designation of a home was perceived as a positive attribute in a potential sale. In conclusion, Ms. Tibbles explained that the CHC appreciates the Thorne's concerns, but the CHC believes that removing the designation would leave an important historical home open to threat from future development. RECESS Resolution #GPA-023-14 Moved by Councillor Traill, seconded by Councillor Partner THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:22 a.m. - 6 - 4-6 General Purpose and Administration Committee Minutes January 20, 2014 DELEGATION OF SHEILA HALL, EXECUTIVE DIRECTOR, CLARINGTON BOARD OF TRADE, REGARDING REPORT PSD-009-14, REGARDING AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO CANADIAN TIRE MOTORSPORT PARK Sheila Hall, Executive Director, Clarington Board of Trade (CBOT), was present regarding Report PSD-009-14, Regarding an Application for a Clarington Official Plan Amendment and Rezoning to Allow Camping on Lands Adjacent to Canadian Tire Motorsport Park. Ms. Hall informed the Committee that, over the past couple of years, Clarington has seen a large amount of investment at the Canadian Tire Motorsport Park. She provided the Committee with examples of the impact of economic development including local and national promotion of the area; local business impact, and benefits to local artists. Ms. Hall informed the Committee she has spoken with representatives of Clarington's agricultural community who are in support of the recommendations contained in Report PSD-009-14 and applaud that it is written in such a way that it does not prevent future farming on the land. She stated that the CBOT is working with the organizers of the events at the Park to ensure that the business community is strengthened by the events. Ms. Hall concluded by stating the CBOT supports the recommendation contained in Report PSD-009-14. DELEGATION OF SHANNON MCNEVAN, EXECUTIVE DIRECTOR, REPUBLIC LIVE, REGARDING REPORT PSD-009-14, AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO CANADIAN TIRE MOTORSPORT PARK Shannon McNevan, Executive Director, Republic Live, was present regarding an Application for a Clarington Official Plan Amendment and Rezoning to Allow Camping on Lands Adjacent to Canadian Tire Motorsport Park. Mr. McNevan stated that Republic Live is in support of the recommendations contained in report PSD-009-14 and to answer questions from the Committee. PRESENTATIONS PRESENTATION OF MIRKA JANUSZKIEWICZ, DIRECTOR OF WASTE MANAGEMENT SERVICES, REGIONAL MUNICIPALITY OF DURHAM, REGARDING WASTE DIVERSION Mirka Januszkiewicz, Director of Waste Management Services, Regional Municipality of Durham, made a presentation regarding Waste Diversion. She made a verbal presentation to accompany an electronic presentation. Ms. Januszkiewicz introduced her two colleagues, Craig Bartlett, Manager, Waste Operations, and Gioseph Anello, Manager, Waste Planning and Technical Services, from the Waste Management Department. She provided the Committee with background and facts on waste diversion. Ms. Januszkiewicz informed the Committee of the Region of Durham's - 7 - 4-7 General Purpose and Administration Committee Minutes January 20, 2014 Waste Diversion program/results including drivers for increased diversion, lessons learned from other jurisdictions, and challenges. She concluded by indicating that the following are necessary to increase waste diversion: adequate budget to reflect needs for waste diversion infrastructure, synergy between the planning development review process and diversion; flow control system similar to Nova Scotia including transfer station enforcement, and support for expanded education programs. Resolution #GPA-024-14 Moved by Councillor Neal, seconded by Councillor Woo THAT the presentation of Mirka Januszkiewicz, Director of Waste Management Services, Regional Municipality of Durham, regarding Waste Diversion be received with thanks. CARRIED RECESS Resolution #GPA-025-14 Moved by Councillor Neal, seconded by Councillor Traill THAT the Committee recess for one hour. CARRIED The meeting reconvened at 2:00 p.m. PRESENTATION OF PAM LANCASTER, STEWARDSHIP TECHNICIAN, SOURCE WATER PROTECTION TECHNICIAN/COMMUNICATIONS,.GANARASKA REGION CONSERVATION AUTHORITY, REGARDING CLEAN WATER-- HEALTHY LAND FINANCIAL ASSISTANCE PROGRAM WITHIN THE MUNICIPALITY OF CLARINGTON AND THE REGIONAL MUNICIPALITY OF DURHAM Pam Lancaster, Stewardship Technician, Source Water Protection Technician/Communications, Ganaraska Region Conservation Authority, made a presentation regarding Clean Water— Healthy Land Financial Assistance Program (CWHLFAP) within the Municipality of Clarington and the Regional Municipality of Durham. She made a verbal presentation to accompany an electronic presentation. Ms. Lancaster reminded the Committee of the goals of the Clean Water Healthy Land Financial Assistance Program. Ms. Lancaster noted that the GRCA is working with the Central Lake Ontario Conservation Authority (CLOCA) to provide guidance for a potential CLOCA program. She further explained the mechanics of the financial assistance program, including the funding amounts and caps. Ms. Lancaster explained that a review committee is in place to evaluate the projects and approve funding. She - 8 - 4-8 General Purpose and Administration Committee Minutes January 20, 2014 noted the accomplishments of the program by explaining the funding levels from 2007 to 2013 as well as the general categories of funded items such as well management, community projects, tree planning, farm management based projects, stream/woodlot fencing and habitat enhancement. Ms. Lancaster informed the Committee of the details of the various 2013 projects, including partnering with the community to restore Orono Creek within Orono Park. She noted that 1200 potted trees and shrubs were planted on Wilmot Creek. Ms. Lancaster explained the Yellow Fish Road program. She explained the 2014 projects currently funded. Ms. Lancaster explained the benefits of the CWHLFAP on the natural environment. Resolution #GPA-026-14 Moved by Councillor Partner, seconded by Councillor Woo THAT the presentation of Pam Lancaster, Stewardship Technician, Source Water Protection Technician/Communications, Ganaraska Region Conservation Authority, regarding Clean Water— Healthy Land Financial Assistance Program within the Municipality of Clarington and the Regional Municipality of Durham, be received with thanks. CARRIED PRESENTATION OF KEN TOWLE, WATERSHED ECOLOGIST, AND MARK PEACOCK, DIRECTOR OF WATERSHED SERVICES, GANARASKA REGION CONSERVATION AUTHORITY (GRCA), REGARDING GRCA NATURAL HERITAGE STRATEGY Ken Towle, Watershed Ecologist, Ganaraska Region Conservation Authority (GRCA), and Mark Peacock, Director of Watershed Services made a presentation regarding GRCA Natural Heritage Strategy. Mr. Peacock and Mr. Towle made a verbal presentation to accompany an electronic presentation. Mr. Peacock provided the Committee with an overview of the natural heritage documents currently in place. Mr. Towle explained the GRCA Natural Heritage Strategy, including the Geographic Information Systems (GIS) modelling analysis as it relates to terrestrial ecological functions. He explained that the analysis is a decision making tool for the GRCA, it aids in defining priority areas for adding habitat, landowner contact and stewardship, with policy direction for municipal partners, and defines and quantifies environmental impacts of development and potential mitigation opportunities. Mr. Towle summarized the Natural Heritage System Values including how they relate to climate change. - 9 - 4-9 General Purpose and Administration Committee Minutes January 20, 2014 Resolution #GPA-027-14 Moved by Councillor Partner, seconded by Councillor Woo THAT the presentation of Ken Towle, Watershed Ecologist, Ganaraska Region Conservation Authority (GRCA), and Mark Peacock, Director of Watershed Services regarding GRCA Natural Heritage Strategy be received with thanks. CARRIED Councillor Woo chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT AN APPLICATION TO REPEAL HERITAGE DESIGNATION 210 KING AVENUE WEST, NEWCASTLE VILLAGE Resolution #GPA-028-14 Moved by Councillor Traill, seconded by Councillor Neal THAT Report PSD-006-14 be received; THAT Council approve the application requesting repeal of By-law 95-30 for the heritage designation of 210 King Avenue West, Newcastle; and THAT all interested parties listed in Report PSD-006-14 and any delegations be advised of Council's decision. MOTION WITHDRAWN Resolution #GPA-029-14 Moved by Councillor Neal, seconded by Councillor Traill THAT Report PSD-006-14 be referred to Staff, with input from the Clarington Heritage Committee, for a report on removing certain features from By-law 95-30. CARRIED Councillor Partner left the meeting at 2:45 p.m. - 10 - 4-10 General Purpose and Administration Committee Minutes January 20, 2014 YEAR END REPORT ON PLANNING ACTIVITIES FOR 2013 Resolution #GPA-030-14 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report PSD-007-14 be received for information. CARRIED Councillor Partner returned to the meeting at 2:56 p.m. CONSERVATION ONTARIO WHITEPAPER "WATERSHED MANAGEMENT FUTURES FOR ONTARIO" AND TORONTO REGION CONSERVATION AUTHORITY DRAFT "LIVING CITY POLICIES" Resolution #GPA-031-14 Moved by Councillor Neal, seconded by Mayor Foster THAT Report PSD-008-14 be received; and THAT Council's decision and a copy of Report PSD-008-14 be forwarded to the Region of Durham, the City of Pickering, the Central Lake Ontario Conservation Authority, the Ganaraska Region Conservation Authority, the Kawartha Region Conservation Authority, and the Ottonabee Region Conservation Authority. CARRIED AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO CANADIAN TIRE MOTORSPORT PARK APPLICANT: REPUBLIC LIVE INC. Resolution #GPA-032-14 Moved by Councillor Traill, seconded by Councillor Hooper THAT Report PSD-009-14 be received; THAT Amendment 96 to the Clarington Official Plan submitted by Republic Live Inc. to redesignate lands from General Agriculture to Green Space, as contained in Attachment 3 of Report PSD-009-14, be adopted; and the By-law adopting the Official Plan Amendment contained in Attachment 4 of Report PSD-009-14, be passed; - 11 - 4-11 General Purpose and Administration Committee Minutes January 20, 2014 THAT a Temporary Use Zoning By-law Amendment allowing camping and ancillary uses, be approved as contained in Attachment 5 of Report PSD-009-14; THAT once all provisions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied through site plan approval, the By-law authorizing the removal of the (H) Holding Symbol be approved; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-009-14 and Council's decision; and THAT all interested parties listed in Report PSD-009-14 and any delegations be advised of Committee's decision within one business day such that they have the opportunity to attend the Council meeting of January 27, 2014 to speak to the matter. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) Resolution #GPA-033-14 Moved by Councillor Traill, seconded by Councillor Partner THAT the foregoing Resolution #GPA-032-14 be amended by adding the third paragraph at the end: with the following amendment: `Section 1 b be amended to insert a new Section (v) as follows: Without limiting the generality of Section 1 b, Subsections (iii) and (iv), the lands may only be used for camping and/or vehicle parking for motorsport events from May 1 st to October loth'.,, CARRIED AS AMENDED LATER IN THE MEETING (See following motions) - 12 - 4-12 General Purpose and Administration Committee Minutes January 20, 2014 Resolution #GPA-034-14 Moved by Councillor Traill, seconded by Councillor Partner THAT the foregoing Resolution #GPA-033-14 be amended by adding the following: "Insert the following words as paragraph four: `THAT the aforementioned changes to the Temporary Use Zoning By-law, as outlined in paragraph three, be deemed as minor and a further public meeting not be required."' CARRIED LATER IN THE MEETING (See following motion) RECESS Resolution #GPA-035-14 Moved by Councillor Traill, seconded by Councillor Partner THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 3:21 p.m. The foregoing Resolution #GPA-034-14 was then put to a vote and carried. Resolution #GPA-036-14 Moved by Councillor Traill, seconded by Councillor Partner THAT the foregoing Resolution #GPA-033-14, as amended, be amended by adding to following at the end: "and the total number of days for camping and/or vehicle parking not exceed ten." CARRIED The foregoing Resolution #GPA-033-14 was then put to a vote and carried as amended. The foregoing Resolution #GPA-032-14 was then put to a vote and carried as amended. - 13 - 4-13 General Purpose and Administration Committee Minutes January 20, 2014 REQUEST FOR REPORT— POTENTIAL FUTURE USES OF CAMP 30 LANDS Resolution #GPA-037-14 Moved by Mayor Foster, seconded by Councillor Traill THAT Staff be directed to prepare a report regarding the Camp 30 lands including potential future uses. CARRIED Mayor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT BOSWELL DRIVE, BOWMANVILLE, PLANS 40R-24933 AND 40R-25495, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW' FOR BOSWELL DRIVE WORKS Resolution #GPA-038-14 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report EGD-001-14 be received; THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Boswell Drive Works, which include road works, street lighting and other related Works, constructed within Plans 40R-24933 and 40R-25495; and THAT Council approve the by-law attached to Report EGD-001-14, assuming certain streets within Plans 40R-24933 and 40R-25495 as public highways. CARRIED BIRCHDALE SUBDIVISION PHASE 3, COURTICE, PLAN 40M-2384 `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-039-14 Moved by Councillor Neal, seconded by Councillor Partner THAT Report EGD-002-14 be received; - 14 - 4-14 General Purpose and Administration Committee Minutes January 20, 2014 THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2384; and THAT Council approve the by-law attached to Report EGD-002-14, assuming a certain . street within Plans 40M-2384 as public highway. CARRIED COURTICE HOMESTEAD SUBDIVISION, COURTICE, PLAN 40M-2419, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-040-14 Moved by Councillor Neal, seconded by Councillor Woo THAT Report EGD-003-14 be received; THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2419; and THAT Council approve the by-law attached to Report EGD-003-14, assuming certain streets within Plan 40M-2419 as public highways. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2013 Resolution #GPA-041-14 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report EGD-004-14 be received for information. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR DECEMBER, 2013 Resolution #GPA-042-14 Moved by Councillor Partner, seconded by Councillor Traill THAT.Report EGD-005-14 be received for information. CARRIED - 15 - 4-15 General Purpose and Administration Committee Minutes January 20, 2014 OLD SCUGOG ROAD CULVERT REPLACEMENT, BOWMANVILLE, CONTRACT NO. CL2013-09 Resolution #GPA-043-14 Moved by Councillor Traill, seconded by Councillor Woo THAT Report EGD-006-14 be received; THAT capital project over-expenditures in the amount of$46,269.18 be approved for the Old Scugog Road Culvert Replacement Contract No. CL2013-09; THAT remaining funds from the 2013 Structure Rehabilitation Budget be used to offset over-expenditures for Old Scugog Road Culvert Replacement Contract No. CL2013-09; and THAT the Department of Engineering Services pursue compensation from Bell Canada for extra costs relating to their oversight in reporting the location of all Bell services within the project limits. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. This section of the Agenda is continued after the Chief Administrative Officer's Reports section of the Agenda. COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Traill chaired this portion of the meeting. - 16 - 4-16 General Purpose and Administration Committee Minutes January 20, 2014 CLERK'S DEPARTMENT APPOINTMENT TO NEWCASTLE ARENA BOARD Resolution #GPA-044-14 Moved by Councillor Partner, seconded by Councillor Woo THAT Report CLD-003-14 be received; THAT the resignation of Robert Holmes be received, with, regret, and that he be thanked for his contribution to the Newcastle Arena Board; THAT Jay Summers be appointed to the Newcastle Arena Board for a term concurrent with the term of Council; and THAT all interested parties listed in Report CLD-003-14 be advised of Council's decision. CARRIED MUNICIPAL LAW ENFORCEMENT SERVICE LEVELS Resolution #GPA-045-14 Moved by Councillor Neal, seconded by Councillor Partner THAT Report CLD-004-14 be received; THAT the Municipality of Clarington subcontract for parking enforcement for a,six month period to cover the 2:30 a.m. to 5:30 a.m. time period at a cost not to exceed $10,000. REFERRED TO LEGAL COUNSEL (See following motion) Resolution #GPA-046-14 Moved by Councillor Neal, seconded by Councillor Partner THAT the foregoing Resolution #GPA-045-14, regarding subcontracting of parking enforcement, be referred to the Municipality of Clarington's labour lawyer, to provide an opinion within a month, with the cost not to exceed $1000. CARRIED - 17 - 4-17 General Purpose and Administration Committee Minutes January 20, 2014 CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. 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 LONG-TERM POTENTIAL OF A BOAT LAUNCH IN BOWMANVILLE Resolution #GPA-047-14 Moved by Councillor Traill, seconded by Councillor Hooper THAT Report CAO-001-14 be received for information; CARRIED EMERGENCY AND FIRE SERVICES DEPARTMENT - Continued REQUEST FOR PRESENTATION — CLARINGTON EMERGENCY PLAN AND EMERGENCY RESPONSE TO THE RECENT ICE STORM Resolution #GPA-048-14 Moved by Councillor Neal, seconded by Councillor Partner THAT staff be directed to undertake a presentation to Committee on: a) Clarington's Emergency Plan, and b) A debriefing of the recent ice storm and how the emergency plan was applied, which shall include the report requested of staff at the January 13, 2014 Council Meeting. CARRIED UNFINISHED BUSINESS There were no items to be considered under this section of the Agenda. - 18 - 4-18 General Purpose and Administration Committee 'Minutes January 20, 2014 i OTHER BUSINESS BOOTS & HEARTS MUSIC FESTIVAL COUNCIL LIAISON AND COMMUNICATIONS Resolution #GPA-049-14 Moved by Councillor Partner, seconded by Councillor Traill THAT Jennifer Cooke, Manager of Tourism and Communications, or designate, be appointed as Staff Liaison for Boots & Hearts Planning Committee, THAT Ms. Cooke, or designate, attend all meetings pertaining to Boots & Hearts and provide updates to Council; THAT a special Council meeting be called in early July, at a date to be determined, to review the Boots & Hearts Emergency Plan and Traffic Plan; and THAT the Boots & Hearts Planning Committee minutes, from all meetings, both past and future, be circulated to Council, for Council's information. MOTION WITHDRAWN Resolution #GPA-050=14 Moved by Councillor Partner, seconded by Councillor Traill THAT Frank Wu, CAO, be appointed to coordinate the Boots & Hearts Planning Committee; THAT all previous and future meeting minutes of the Boots & Hearts Planning Committee be provided to Members of Council; THAT Jennifer Cooke, Manager of Tourism and Communications, be appointed as the Council Staff Liaison to Council on the Boots & Hearts Planning Committee; and THAT Staff be directed to establish acceptable milestones for the planning and permitting requirements of the Boots & Hearts Music Festival. CARRIED Councillor Neal left the meeting at 5:35 p.m. Mayor Foster left the meeting at 5:36 p.m. and Councillor Woo chaired this portion of the meeting. - 19 - 4-19 General Purpose and Administration Committee Minutes January 20, 2014 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-051-14 Moved by Councillor Partner, seconded by Councillor Traill 'THAT the meeting adjourn at 5:39 p.m. CARRIED MAYOR DEPUTY CLERK - 20 - 4-20 I DRAFT LIST OF DELEGATIONS GPA Meeting: February 3, 2014 (a) Hida Manns, Clarington Representative to the Durham Environmental Advisory Committee (DEAC), Regarding the Durham Environmental Achievement Awards (b) Steve Coles, President, Clarington.Older Adults Association, Regarding Report CSD-002-14, Older Adult Strategy—Terms of Reference (c) Chris Bobyk, Development Director, The Forrest Group, Regarding Addendum to Report PSD-062-13, Applications for an Official Plan Amendment and Zoning By-law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment .(d) Dr. Al Lightstone, President, Valcoustics, on behalf of The Forrest Group, Regarding Addendum to Report PSD-062-13, Applications for an Official Plan Amendment and Zoning By-law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment (e) Abby Salb, Sr. Environmental Engineer, SENES Consultants, on behalf of The Forrest Group, Regarding Addendum to Report PSD-062-13, Applications for an Official Plan Amendment and Zoning By-law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment 6-1 Clarhigton REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 3, 2014 Resolution#: Sy-law#: Report#: PSD-010-14 File#: ZBA 2013-0015 Subject: AN APPLICATION AMEND THE ZONING BY-LAW TO ALLOW FOR THE SEVERANCE OF AN EXISTING SINGLE DETACHED DWELLING FROM LANDS TO DE RETAINED FOR FUTURE DEVELOPMENT APPLICANT: STEVE KREZANOWSKI RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-010-14 be received; 2. THAT the application to amend Zoning By-law 84-63, submitted by Stephen. Krezanowski for the future severance of an existing residential dwelling be approved as contained in Attachment 1; 3. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-010-14 and Council's decision; and 4. THAT all interested parties listed in Report PSD-010-14 and any delegations be advised of Council's decision. Submitted by: Reviewed by: avi . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer ATS/CP/df 27 January 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 g_1 REPORT NO.: PSD-010-14 PAGE 2 1. APPLICATION DETAILS 1.1 Owner: Katherine Krezanowski (Estate) 1.2 Applicant: Stephen Krezanowski 1.4 Proposal: To rezone lands to allow for the severance of an existing single detached dwelling from lands to be retained for future development 1.5 Area: 4.8 ha (11.83 acres) 1.6 Location: 3289 Courtice Road, Courtice - Part of Lot 28, Concession 3, former Township of Darlington 2. BACKGROUND 2.1 The subject lands are within the Hancock Neighbourhood in Courtice. The Hancock Neighbourhood Design Plan was approved on April 17, 2013 and shows how the lands can be developed with residential uses, roads, and the areas that will form part of the protected open space system. 2.2 Stephen Krezanowski has submitted an application to amend the Zoning By-law to facilitate the severance of an existing single detached dwelling on a lot having an area of approximately 2,740 square metres (0.7 acres) from the balance of the property. 2.3 No buildings or structures are proposed to be built on the 3.9 hectare balance of the property at this time. 2.4 The subject dwelling is serviced by municipal water and a private septic system. There are no plans to extend municipal sanitary services in the vicinity of the subject lands at this time. Extension of sanitary services will depend on future development applications, complete with supporting studies. 2.5 Following the public meeting held on June 24, 2013, the applicant submitted a land division application to create the lot which was approved on October 21, 2013,'subject to conditions. One of the conditions is to satisfy the requirements of the Municipality of Caalington, including rezoning the lands to appropriate zones that would allow the creation of the lot and protection of the natural heritage features. 3: LAND CHARACTERISTICS AND SURROUNDING USES 3.1 A single detached dwelling (1952) and an accessory building (80 square metres) exists on the proposed lot to be severed. A Provincially Significant Wetland and forested area account for approximate 70% of the property's area. The remainder of the lot is maintained as lawn. 8-2 REPORT NO.: PSD-0 0-14 PAGE 3 MURE 1 ;rY Subject Property Potential Future µ {Y�F ' $ t ♦ Severed Lot r ,�r„a� g-'. .i•fn tt vi GEORGEIREYNOLDS DR” GEREYNOLOSpR. f _ �' ••-. , SKINNER CF � �_ "_.� i -'' OPPr _3 t i { G FENVIEW 3.2 The surrounding uses are as follows (Figure 2): North - Residential dwellings on existing lots of record; Draft approved plan of subdivision (18T-94027) South - Residential dwellings on existing lots of record; future alignment of George Reynolds Drive; agricultural operation East - Servicing corridor& trail system; significant woodlot and Provincially Significant Wetland West - Residential dwellings on existing lots of record; Provincially Significant Wetland 8-3 REPORT NO.. M-010-16, PAGE 4, RGURE 2 Low Density Residential 'u� �•`` L� ` /V Medium Density Residential Environmental Protection Areas Provincially Significant Wetland Existing Residential CS Future Convenience Store 18T-94027 EP a 0 W U F O U Special Study _ -- Area 7 ` Potential Severed Lot SL;��ti��;� ^' - S ti^.�i`• EP'al.��r; hT..tea' Y�>.`'•` \`+aka:.ti.`+y••� �'•' `:`' .�,,,t '�.1••.Lia.t. ��tir y-`y'.°.ar.�°^4'—.•.iti`.'r � • is w'�':Y�ul^...y~j\a''�� •~'µ.~�+�+`;.�rl CSc• Subject Lands Owned By Krezanowski Future Alignment Of George Reynolds Drive — IM1 •^ 1 ��<,.a�a�..yam. EXTRACT FROM HANCOCK NEIGHBOURHOOD DESIGN PLAN 8-4 REPORT NO.: PS®®010-14 PAGE 5 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement 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. The subject application is consistent with the Provincial Policy Statement. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The 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. The subject application conforms to the Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the property Living Area with an indication of Key Natural Heritage and Hydrologic Features. Lands designated Living Area are to be used predominantly for housing with a wide variety of types, sizes and tenure. Intensification of existing areas is encouraged. The natural environment, including Key Natural Heritage and Hydrologic Features shall be given paramount consideration in light of their ecological functions and scientific, educational and health values. The subject application conforms to the Durham Regional Official Plan. 5.2 Clarington Official Plan The property is designated Urban Residential and Environmental Protection in the Clarington Official Plan. A Medium Density Residential symbol applies with the intention that lands fronting onto Courtice Road can be developed at a higher density (townhouse units or low-rise apartment buildings, for example). The predominant use of lands designated Urban Residential shall be for housing purposes. The property has frontage on Courtice Road, which is identified as a Type A Arterial Road. These roads are designed to move large volumes of traffic and have a right-of-way width ranging from 36 to 50 metres, with limited individual access. 8-5 REPORT NO.: PS®-010-14 PAGE 6 Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. The precise limits of these Areas are to be determined in consultation with the Conservation Authority. The property is within the Lake Iroquois Beach and contains and is adjacent to a wetland, significant valleylands, and a tributary of Farewell Creek. The wetland is .part of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland. Chapter 4 of the Official Plan requires the completion of an Environmental Impact Study within 120 metres of any natural heritage feature. The subject application conforms to the Clarington Official Plan. 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 currently zones the subject lands Agricultural (A) and Environmental Protection (EP). The existing zoning does not permit the proposed consent application. 7. PUBLIC SUBMISSIONS 7.1 A public meeting was held on June 24, 2013. No members of the public came forward at the public meeting or during the processing of the application. 6. AGENCY COMMENTS 8.1 Central Lake Ontario Conservation Authority Central Lake Ontario Conservation Authority identifies the Natural Heritage System on the subject lands, including a Provincially Significant Wetland and a tributary of the Black Creek. This system, including any associate buffers, is to remain free from development activities. Any development within 120 metres of the wetland boundary would require an Environmental Impact Study to be completed. Central Lake Ontario Conservation Authority requires a minimum of 30 metre buffer from the boundary of the wetland. However, since no new construction is proposed, and the new lot would be in excess of 30 metres from the wetland boundary, Central Lake Ontario Conservation Authority has no objection to the rezoning. Central Lake Ontario Conservation Authority recommends that the Natural Heritage System be rezoned Environmental Protection. The entire parcel lies within an area regulated by Central Lake Ontario Conservation Authority. Should any grading or development be proposed in the future, a permit would be required. 8-6 REPORT NO.: PSD-010-14 PACE 7 8.2 Durham Regional Planning The Region of Durham has no objections to the proposed rezoning or land severance application. The Region highlights that any environmental or natural heritage concerns should be addressed by Central Lake Ontario Conservation Authority. 8.3 Durham Regional Health The Health Department has no objections and is satisfied that the severed lot can accommodate the private sewage system. No alterations to the system are required. 8.4 Durham Regional Works Through the land division application, the Region of Durham Works provided no objections to the proposed rezoning or land severance application. As a condition of the land division application, the Region requires the dedication of land for future widening of Courtice Road. The Works Department highlights that the lands are serviced by municipal water and frontage charges will apply. 8.5 All other circulated agencies have provided no objections. 9. DEPARTMENTAL COMMENTS 9.1 Engineering Services Engineering Services has no objection, in principle, to the rezoning. Development on the vacant parcel will require subsequent development applications and further study. No development is to occur on the future vacant parcel. 9.2 Emergency and Fire Services Emergency and Fire Services has no concerns. 9.3 Building Division The Building Division has no objections. 10. DISCUSSION 10.1 Any new lot must conform to the requirements of the Zoning By-law. The subject lands are zoned Agricultural (A) and Environmental Protection (EP) and would not permit the creation of a residential lot in the urban area: 10.2 The proposed rezoning to facilitate a future severance does not conflict with the recently approved Hancock Neighbourhood Design Plan. The proposed rezoning'is not 8-7 REPORT NO.: PSD-010-14 PAGE 8 achieving the ultimate density for the development of the land however it would not impede the future development of the lands. 10.3 Planning Staff and Central Lake Ontario Conservation Authority have discussed the proposal and determined that while the rezoning/severance would be within 120 metres of a natural heritage feature, the proposed lot is in excess of 30 metres from a feature, and no new development and/or site alteration is proposed. The applicant maintains that the future severed lot containing the dwelling would not be further developed at this time, while the balance of the lands would remain vacant. As no new construction is proposed at this time, an Environmental Impact Study is not required as part of this application, but will be required as part of any future development applications in accordance with the Natural Environment and Resource Management policies of the Official Plan. 10.4 The applicant has provided a draft reference plan depicting the proposed severed lot and road widening along Courtice Road. The reference plan has been reviewed by Planning staff and the Region of Durham and is satisfactory. 10.5 The proposed Zoning By-law Amendment (Attachment 1) would place the residential lot in the Urban Residential Type One (R1) zone. The existing accessory building has a floor area of 80 square metres however in urban residential zones, accessory buildings may only have a maximum floor area of 60 square metres. By placing the lands in the R1 zone, the existing accessoy building (detached garage) would have legal non- conforming status. 10.6 The balance of the lands, outside of the natural features, will remain in the Agricultural Zone, with a (H) Holding symbol applied. This will be sufficient to ensure no new construction and/or site alteration takes place on the balance of the lands. Future development applications and supporting studies, including an Environmental Impact Study, will be required. 10.7 Consistent with the recent approval of Official Plan Amendment No. 80, portions of the subject lands will be rezoned Environmental Protection to align with the Environmental Protection designation of the Official Plan. The limits of the Environmental Protection Zone may be refined during the review of future development applications. 10.8 All taxes owing to the Municipality of Clarington have been paid in full. 11. CONCURRENCE — Not Applicable 12. CONCLUSION 12.1 In consideration of the comments received from circulated agencies, and based on review of the proposal, staff recommends that the Zoning By-law Amendment (Attachment 1) be approved. 8-8 REPORT NO.: PSD-010-14 PAGE 9 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Anne Taylor Scott, Planner II Attachments: Attachment 1 - Proposed Zoning By-law Amendment List of interested parties to be notified of Council's decision: Steve Krezanowski 8-9 ATTACHMENT TO REPORT PSD-010-14 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of. Clarington for ZBA 2013-0015; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designations from: "Agricultural (A)Zone"to"Urban Residential Type One (R1)Zone'; "Agricultural (A)Zone"to"Holding (H)—Urban Residential Type One (R1)Zone'; and, "Agricultural(A)Zone"to"Environmental Protection (EP)Zone" as illustrated on the attached Schedule"A"hereto. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW passed in open session this 10th day of February, 2014. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 8-10 This is Schedule "'A" -1 aw 2014- passed this day of 9 2014 ELMER ADAMS DR ELMER ADAMS DR 0 o_ o � O O J O i a � Ei:i{.i:,:4•;:.:;'i�r is is:;::.•.i,•: U r�.., p,i:' •'..,.°.•• •ti,' rah:"';''° • <' ,:tiiv^•:"`"''.i,wt"w�l`i". ::•4:�t:i�:}::i��•. • '•� 'mow u.`.,;'e, . ....• .• `�:,. •:°%:ii.•ri�w,,�„�`��,yam.. w"„�yy�°,4," �r,l;;':''+ :{:<':t: '''.t .�i'wL'Ny'Su4"i r':•�.':vY`4 w",�•.v,..t ,.Z.,.,xG ® Zoning Change From'A'To'(H)R1' Zoning Change From'A'To'EP' Zoning Change From'EP'To'(H)R1' ®Zoning Change From'A'To'R1' Zoning To Remain EP Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk TO r x 8 s s � a y E a 3 2 Ciourtice ZBA 2013.0015 SCHEDULE4 8-11 Clairhwn REPORT ENGINEERING DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 3, 2014 Resolution#: By-law#: Report#: EGD-007-14 File#: Subject: CLARINGTON ARMS SUBDIVISION, BOWMANVILLE, PLAN 40M-2142, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW,' FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-007-14 be received; 2. THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2142; and 3. THAT Council approve the by-law attached to Report EGD-007-14, assuming certain streets within Plan 40M-2142 as public highways. Submitted by: Reviewed by: A.S. Cannella, C.E.T. Franklin Wu, Director of Engineering Chief Administrative Officer ASC/AHC/dv January 22, 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-1 REPORT NO.: EGD-007-014 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered March 11, 2003, with 829426 Ontario Inc., to develop lands by plan of subdivision, located in Bowmanville, described as Plan 40M-2142 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Final Works; c) Street Lighting System; and d) Stormwater Management System (not applicable) 1.3 The Initial Works and Street Lighting System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated June 29, 2009. This initiated a one (1) year maintenance period, which expired on June 29, 2010. Upon inspection, the deficiencies were not yet corrected by the developer however, subsequent inspections now confirm that all deficiencies have been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 9-2 REPORT NO.: EGD-007-014 PAGE 3 1.6 Further to the issuance of a 'Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plan 40M-2142 as public highways (Attachment 2). 2.0 CONCURRENCE - Not applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Norman A. Clark, Manager of Construction Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-Law List of interested parties to be advised of Council's decision: 829426 Ontario Inc. — Kelvin Whalen G. H. D. — Rick Siblock 9-3 DURHAM HIGHWAY2 0 w J D O m PRINCE WILLIAM BOULEVARD O= - o LO W s 0 J Q Z O (7 W Clarington Arms Subdivision Plan 40M-2142 / ASPEN Sp\t\NGS�R\V� Stevens Road BOWMANWLLE Hwy.2 N o � E DRAWN BY: E.L. DATE:January 22, 2014 REPORT EGD-007-14 KEY MAP ATTACHMENT NO. 1 G:\Attachments\40M-2142.mxd T � ij THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2014-XXX Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. "THAT the block shown on Plan 40M-2142, and listed below in this section, being in'the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: Block 4 (0.3 metre reserve) 2. THAT the streets and block shown on Plan 40M-2142, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Clarington Boulevard Prince William Boulevard Block 4 (0.3 metre reserve) BY-LAW passed in open session this _th day of 2014. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 9-5 Clarftwn REPORT ENGINEERING DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 3, 2014 Resolution#: By-law#: Report#: EGD-008-014 File#: B.01.09.001 Subject: PENWEST SUBDIVISION PHASES 5A AND 5B, BOWMANVILLE, PLANS 40M-2094 AND 40M-2203, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-008-14 be received; 2. THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plans 40M-2094 and 40M-2203; and 3. THAT Council approve the by-law attached to Report EGD-008-14, assuming certain streets within Plans 10M-816, 40M-2094 and 40M-2203 as public highways. Submitted by: Reviewed by: A.S. Cannella, C.E.T. Franklin Wu, Director, Engineering Chief Administrative Officer Services ASC/NAC/AHC/dv January 22, 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-6 REPORT NO.: EGD-008-014 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered June 4, 2004, with Penwest Development Corporation Limited to develop lands by plan of subdivision, located in Bowmanville and described as Plans 40M-2094 and 40M-2203 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Final Works; c) Street Lighting System; and d) Stormwater Management System (not applicable) 1.3 The Initial Works and Street Lighting System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated December 5, 2012. This initiated a one (1) year maintenance period, which expired on December 5, 2013. The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 9-7 REPORT NO.: EGD-008-014 PAGE 3 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 1.6 Further to the issuance of a 'Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plans 10M-816, 40M- 2094 and 40M-2203 as public highways (Attachment 2). 2.0 CONCURRENCE - Not Applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Norman A. Clark, Manager of Construction Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-Law List of interested parties to be advised of Council's decision: Penwest Development Corporation — Benjamin Rubin AECOM — Troy MacArthur 9-8 III MINIMUM C ® Illlllllll!!111 � .1 ���� 1111111/ _ �����illllllil 111111111= o ® '11111111111® _ = Ilr 71 IIIIIIIII : � � � 11111111111i® � _/ � 111111111= - = ®11111111111111111 _ 111111111// IIIIIIIII : . - ®I/11111111� = a _111111/r iiiii Ell 11111111111111 ' : . 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DATE: ' .I 110va FA ATTACHMENT NO. I d , i ��o��,. 1.G �IIIIII'L�Ir► G.InI THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2014- Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the blocks shown'on Plans 10M-816 and 40M-2094, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: Plan 10M-816: Block 55(0.3 metre reserve) Plan 40M-2094: Block 54(0.3 metre reserve) Block 55(0.3 metre reserve) 2. THAT the streets and blocks shown on Plans 10M-816,40M-2094 and 40M- 2203, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Plan 10M-816: Block 55(0.3 metre reserve) Plan 40M-2094: Dadson Drive Squire Fletcher Drive Orchard Park Drive Block 50(street widening) Block 51 (street widening) Block 54(0.3 metre reserve) Block 55(0.3 metre reserve) Plan 40M-2203: Dadson Drive Squire Fletcher Drive Block 52(street widening) Block 53 (street widening) Block 54(street widening) BY-LAW passed in open session this_th day of 2014. Adrian Foster, Mayor 9-10 Patti L. Barrie, Municipal Clerk Clarbgton REPORT ENGINGEERING DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 3, 2014 Resolution#: By-law#: Report#: EGD-009-014 File#: B.02.11.003 Subject: LIBERTY CROSSING SUBDIVISION PHASES 1 AND 2, BOWMANVILLE, PLANS 40M-2296 AND 40M-2341, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-009-14 be received; 2. THAT the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plans 40M-2296 and 40M-2341; and 3. THAT Council approve the by-law attached to Report EGD-009-14, assuming certain streets within Plans 40M-2296 and 40M-2341 as public highways. Submitted b ----Reviewed by: Y A. S. Cannella, C.E.T. Franklin Wu, Director, Engineering Chief Administrative Officer Services ASC/NAC/AHC/dv January 22, 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 9-11 REPORT NO.: EGD-009-014 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered November 16, 2005, with Liberty Street Developments Inc. to develop lands by plan of subdivision, located in Bowmanville and described as Plans 40M-2296 and 40M-2341 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Final Works; c) Street Lighting S,, sue; and d) Stormwater Management System (not applicable) 1.3 The Initial Works and Street Lightinq System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated November 1, 2012. This initiated a one (1) year maintenance period, which expired on November 1, 2013. The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 9-12 REPORT NO.: EGD-009-014 PAGE 3 1.5 It is now appropriate to issue a `Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 1.6 Further to the issuance of a `Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plans 40M-2296 and 40M-2341 as public highways (Attachment 2). 2.0 CONCURRENCE - Not applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Norman A. Clark, Manager of Construction Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-Law List of interested parties to be advised of Council's decision: Liberty Street Development Inc. — Frank Filippo G.H.D. — Rick Siblock 9-13 • ® ®®_ ®® ® •- �� 'ill .• • 11111 'ice �_ 11111111 11111 ® �.••- 1111111/11 1 1111111111111111 ® 1111111® 1111111111 ���I11111111111111111 111111 �� 111111111111 11 111111111111 C111�1111111111111111111 111111 /1111111 11 � �I� �I�a tea— �■® s� -� ','�_ ■_i D �®®Illllb®`= Illlili�����t�. �1111111��I �� �1111�1111111111111111111111 � � �� X1111111111111111111111111 1 �_ ..1 • \IIIII� ___11111 -___11111111 = � _N11= �_t7II11=1111111111===5- j ,`��11■�� 11111 1110 �__/11111111/ Ilillllllllllilli 11111\e- CIIIIIIIII\��\\\\\`pUl\illitll 11111 / �pl�■_ _-__ - IIIIIIIIIIIIII 1111111111111 -\IIIIIIIIIII 11111111. 11111111111111111\\�`�p\`\qU\111111 111 �-._ __-111=■ -►~� O\� ���_ � `•-1111►NIIIII 1�• ■�llflllifn►,IIIII 111111 1111411Ai1 f161\`�O llll �`_ —%/lla►►��°umllq -untnunuu„Inw uuu • u una unlit= ►, un1 / \pp�\/imuU►Q-•IIIIIIIfmn= ■� 11►�\�� . ���i��� IIII @\\\\\0\\\ .IlllnJ•� \\\\\\\\\\\\\\���\\\`i►Illllllllllltllillilllllll �. =- \\� 11111111111111IIIIIIIIIIII �� 111111\�0\p\ \\\11= - . �It1►11►►it�►It►tiill-=1u ��r,,I� IIIIIIIIIII//�i�\\\\\� � �i 11101111111 Illillllllills VIII ���� IIIIIIiII► \• ��\\:�`���\ g 11111111 = _�•� ■ • 1 ��� X11111/ \ %%:..II.�1• .p=_ _ _�. 1111, r•I►�♦rlll� � � _ _ _ �t•I\ICIIII • %��itil _IIIIIIIIIIIIIIIIIIG -- _--- -- ~=� REPORT � 1 1 • //IIIIIIIIIIII =_ .� ��=i '�.III►�% ���111111111111111_j�llllllllllllllllllll �%IIIIIIIIIIIIIIII 1111��1�11\\==� ►► _ =111111= —�I�•IIIII-'-----— ••�• \ ATTACHMENT NO. • •_ .0 GIIIIIai11-1- ;:� IN i^ �mc-CI_o1m_1 [►�/f�l •1 ?:TTA HINAI;IEi`i T _ THE CORPORATION OF'THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014- Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the blocks shown on Plan 40M-2296, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: Block 184(0.3 metre reserve) Block 192 (0.3 metre reserve) Block 193(0.3 metre reserve) Block 194(0.3 metre reserve) 2. THAT the streets and blocks shown on Plans 40M-2296 and 40M-2341, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Plan 40M-2296: Argent Street Allison Street Allworth Crescent Bons Avenue McCorkell Street Brough Court Jennings Drive Block 188(street widening) Block 184(0.3 metre reserve) Block 192(0.3 metre reserve) Block 193(0.3 metre reserve) Block 194(0.3 metre reserve) Plan 40M-2341: McCorkell Street Keeler Crescent Courtney Street Brough Court Block 103(street widening) BY-LAW passed in open session this th day of 2014. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 9-15 Clarington REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: February 3, 2014 Resolution#: By-law#: N/A Report#: CSD-002-14 File#: Subject: OLDER ADULT STRATEGY—TERMS OF REFERENCE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-002-14 be received; and 2. THAT funding for the development of an Older Adult Strategy be referred to the 2014 Budget Process. 2 Submitted by: - Reviewed by: y Joseph P. Caruana Franklin Wu, erector, Community Chief Administrative Officer Services JPC/sm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 12-1 REPORT NO.: CSD-002-14 PAGE 2 1.0 BACKGROUND 1.1 By 2017, for the first time Ontario will be home to more people over 65 than children under the age of 15. With the increase in the aging and diversity of the population, these trends will pose a challenge to the effective and efficient delivery of older adult recreation and leisure programs over the next five years and beyond. (Province of Ontario Bulletin, Ontario Launches Age-Friendly Community Planning Guide) 1.2 We are living longer. Children born today have the prospect of living a longer life than any generation before them. Every year, the percentage of people in our province who are 65 years or older increases slightly. In 2031, it is anticipated that Clarington will be home to approximately 41,220 adults 50 years and over, which represents a 56% increase over 2011. (Clarington Community Forecast Update 2012, prepared by Hemson Consulting Ltd.) 1.3 In 2011, approximately 12% of the population in Clarington was aged 65 and over. As we see the Baby Boomers reach the age of 65, this percentage will surely grow. Due to the changing demographics of an aging population as a result of the Baby Boomers now entering their senior years, aspects of the recreational and leisure needs of older adults will evolve and demand for different programs and their delivery will occur. 1.4 The Municipality of Clarington, Community Services Department provides recreation, aquatics and fitness programming and facilities for the residents of the Municipality of Clarington. Our focus is on general activities that reach and include a broad section of our residents. 1.5 Direct recreational and leisure programming for older adults in the Municipality of Clarington is provided by the Clarington Older Adult Centre Board (COACB). The COACB is a not-for-profit organization; it is operated by non-municipal staff and is governed by a Board of Directors. Programming occurs primarily at a municipally owned facility, the Beech Centre, located at 26 Beech Avenue, Bowmanville, with partnership programs in satellite facilities in other communities within Clarington. 2.0 CLARINGTON OLDER ADULT ASSOCIATION 2.1 The Clarington Older Adult Centre Board has been in operation since 1998 and was formally established as a Board of Council in 2005 which operates the Clarington Older Adult Association (COAA). Their mission statement is "To promote the health and happiness of older adults by providing opportunities to enhance their quality of life". The COACB has seen significant membership growth with an initial membership of 266 in 1998 to 2,224 today. 12-2 REPORT NO.: CSD-002-14 PAGE 3 2.2 The vision of the Clarington Older Adult Association includes six (6) components: • Continued growth in membership • Facilities throughout Clarington designed for Older Adults • Expanded programs and services • Respected Community Partner • Sustainable funding • Effective governance and administrative processes 2.3 The property located at 26 Beech Avenue was acquired by the Municipality from the Lions Club of Bowmanville in 1998. Since that time the property has been home to the Clarington Older Adult Centre Board, Community Care (vacated in March of 2010), The Lions Club Daycare (vacated in June of 2010), and the Bowmanville Tennis Club, which has been in operation since the 1940's. Currently, the Beech Centre building is now fully occupied by the COACB. 2.4 Over the years the Clarington Older Adult Centre Board has on a number of occasions requested additional parking at the Beech Centre, as the current parking available (79 spaces) is challenging during busy centre days and large special events. 2.5 On July 3, 2012, Council approved Resolution #C-230-12 which confirmed there would be no increase to Beech Centre on-site parking, with a continued use of on-street parking. In addition, the resolution directed staff to report back on an alternate home, being another facility outside of the Clarington Beech Centre. 2.6 On June 17, 2013, Resolution #GPA-353-13 was approved: THAT Report CSD-007-13 be received; THAT the Terms of Reference for the Beech Avenue Community Liaison Committee be approved (Attachment 1 to Report CSD-007-13); and THAT all interested parties listed in Report CSD-007-13 be advised of Council's decision. In addition, Council approved the related Resolution #C-216-13: "THAT the delegation of Angie Darlison and Steve Coles be received with thanks; THAT the Community Services Department prepare a report of the Costs and Draft Terms of Reference to retain a Consultant to develop a strategy that addresses the future needs, timelines and associated costs for the provision of an Older Adult Strategy and Older Adult Services within the Municipality of Clarington; taking into consideration all the information that has been made available through the COAA Strategic Plan 2010, the Community Services 12-3 REPORT NO.: CSD-002-14 PAGE 4 Department Strategic Plan 2008, and the Municipality of Clarington Official Plan Review-Clarington Community Forecast Update 2012..." 2.7 The Older Adult Strategy Terms of Reference (Attachment 1) have been developed in consultation with the Clarington Older Adult Centre Board. 2.8 The Terms of Reference will provide a framework for the consultant for the development of an Older Adult Strategy and will address current challenges such as facility space and will look forward to the future to address the impact on programming and facilities of the anticipated growth of the older adult demographic in Clarington. 3.0 PROJECT MANAGEMENT 3.1 The Project Team will consist of the Manager of Recreation Services, the Community Development Coordinator and the Executive Director of the Clarington Older Adult Association. The role of the Project Team will be to: • Select consultant with assistance of Purchasing in accordance with Purchasing By-Law; • Solicit Steering Committee Members (as outlined below); • Initial meeting with the selected Consultant to outline project deliverables and expectations; • Arrange meeting locations and resources; • Manage the project and project team on a day to day basis; • Monitor and track time and status of scheduled tasks; • Address any issues or challenges that may arise, provide trouble shooting and problem solving; • Review draft report / results for concurrence; • Ensure the success of the project from the project initiation through to the planning, delivery and close out phases; • Achieve the defined project objectives within the allocated cost and schedule; • Review proposed changes and assess their impact on the project costs and schedule; • Schedule and conduct status meetings during the,entire project. 3.2 The Steering Committee will consist of representation from: • Municipality of Clarington, Community Services Department • Clarington Older Adult Centre Board (Staff, Board and General Membership) • Regional Municipality of Durham, Social Services • General Public (to be appointed by Council at a future meeting) 3.3 The Region of Durham, Social Services, Manager, Diversity and Immigration position has been selected to participate in order to ensure that the Older Adult Strategy that is developed for Clarington is inclusive in nature and will meet the 12-4 REPORT NO.: CSD-002-14 PAGE 5 needs of older adults living in Clarington today but also recognizes that as Clarington grows so too will its cultural diversity and ultimately programming needs and expectations. 3.4 The Steering Committee will participate in meetings with the Consultant and provide information and input based on their representative organizations / stakeholders that will lead to the development of an older adult strategy. 4.0 PROJECT OBJECTIVES 4.1 Project Objectives would include: Facilities • Review the existing facilities which house the Clarington Older Adult Centre Board and its programs. • Look at facility options, both immediate and long-term, which address the current challenges and future growth anticipated within Clarington (discuss and compare options which may include current facilities, relocation, new construction opportunities, dedicated space, shared / multi-generational / multi-purpose facilities, satellite programming with a focus on accessibility, safety, practicality, sustainability). • Include options which address transportation to and from older adult activities for older adults in both urban centres and rural communities within Clarington (focus on accessibility, safety, practicality, sustainability). Staffing/Volunteer Resources • Review existing staffing for the Clarington Older Adult Centre Board and provide recommendations for current challenges, future growth and planning as it relates to all locations within the Municipality of Clarington according to the current and proposed programming model. • Include a proposed staffing structure for the development and implementation of recommended programming enhancements and opportunities, identifying recommendations for implementation timelines. • Review current opportunities and identify future opportunities for volunteering within the Clarington Older Adult Centre Board. Identify any strategies that could be used to encourage and retain volunteers with the Clarington Older Adult Centre Board. 12-5 REPORT NO.: CSD-002-14 PAGE 6 Programming • Review older adult programming, taking into consideration demographic data as well as facility utilization patterns. • Look at older adult programming options, both immediate and long-term, which address current challenges and future growth anticipated within Clarington (discuss and compare different program delivery models which includes the current delivery model, municipal program delivery, other program / service delivery providers or any other models used in other similar municipalities). • Ensure programming meets the needs of the community, identifying any gaps in programming which may not engage or does not seem to include various demographic groups (based on culture, gender etc.). • Conduct an inventory of programs and services currently available within the Municipality of Clarington and identify opportunities for partnerships with providers that are not currently affiliated with the Municipality or the Clarington Older Adult Centre Board. 5.0 PROJECT DELIVERABLES 5.1 An Older Adult Strategy outlining recommendations for the following: • Future options for the Clarington Older Adult Centre Board facility location including a timeline to be considered within the Municipality's capital budget forecast; identifying any impacts to the COACB operating budget. • An innovative framework and implementation plan outlining the Clarington Older Adult Centre Board's and Municipality of Clarington's roles in service delivery for a vast age span (50+) including priorities and implementation actions for the next: 0 1-5 years (short term) 0 5-10 years (medium term) and 0 10+ years (longterm) • Identification of any partnership potential in the community. • Identification of capital and operating impacts including cost / benefit analysis for each phase of implementation (short, medium and long term). 12-6 REPORT NO.: CSD-002-14 PAGE 7 6.0 FINANCIAL IMPACT 6.1 The budget for the project is $60,000 plus HST. These funds are included in the 2014 Community Services Department budget request. I 7.0 PROJECT TIMING 7.1 Through this report, the Community Services Department is requesting consideration and approval of the attached Terms of Reference for a consultant to lead and develop an Older Adult Strategy. 7.2 Should this project and associated funds be approved through the 2014 Budget Process, the following project timeline is expected: • March 13 Release of RFP • April 3 RFP Closes • April 14-25 Consultant Interviews • May 26 RFP Award recommendation report to GP&A • June 2 Award Ratified • June 2014 First meeting with consultant • December 2014 Consultant Report and Presentation to GP&A 8.0 COMMENTS 8.1 The Executive Director of the Clarington Older Adult Association, Angie Darlison, was consulted in the development of the parameters included in the Terms of Reference. 8.2 The Clarington Older Adult Centre Board passed the following motion at the Board meeting of Friday, January 17, 2014: "Motion to endorse the COAB Strategy Plan Report Moved by Malcolm McCombe Seconded by John Hutchings Carried" 9.0 CONCURRENCE — Not Applicable CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development _ Maintaining financial stability X Connecting Clarington 12-7 REPORT NO.: CSD-002-14 PAGE 8 _ Promoting green initiatives X Investing in infrastructure _ Showcasing our community Not in conformity with Strategic Plan Staff Contact: Joseph P. Caruana, Director of Community Services Attachments: Attachment 1 — Terms of Reference — Clarington Older Adult Strategy List of interested parties to be advised of Council's decision: Stephen Coles, President, Clarington Older Adult Association Angie Darlison, Executive Director, Clarington Older Adult Association 12-8 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Background: Located just 40 km east of the Toronto border, Clarington is one of the largest municipalities (611 km2 in land area) in the Greater Toronto Area (GTA). With this size comes a fantastic diversity of urban and rural settings, modern and historic architecture as well as innovative and traditional opportunities. Clarington is home to three urban areas, one village and 14 hamlets which include a rich heritage dating back over 125 years. From Lake Ontario waterfront to Greenbelt protected farmlands and the natural beauty of the Oak Ridges Moraine, Clarington offers a wide variety of experiences for those who live, visit and work here. Our strategic location allows us to take full advantage of access to Provincial Highway 401, Provincial Highway 35/115, the future extension of Highway 407, CN Rail and CP Rail lines as well as a future GO Train terminal. Clarington is a collection of smaller communities including the urban centres of Bowmanville, Courtice, Newcastle Village and Orono, which are surrounded by scenic countryside. Clarington is a vibrant community with new development- both commercial and residential - the local economy continues to grow and prosper. Affordable housing, safe communities and the quality of life are just three reasons why so many continue to choose Clarington. Characterized by a variety of landscapes, unique retail areas, numerous tourist attractions and recreational opportunities, Clarington captures the spirit of a small town without sacrificing the amenities of a large city. By 2017, for the first time Ontario will be home to more people over 65 than children under the age of 15. With the increase in the aging and diversity of the population, these trends will pose a challenge to the effective and efficient delivery of older adult recreation and leisure programs over the next five years and beyond. We are living longer. Children born today have the prospect of living a longer life than any generation before them. Every year, the percentage of people in our province who are 65 years or older increases slightly. In 2031 it is anticipated that Clarington will be home to approximately 41,220 adults 50+ years, which represents a 56% increase over 2011. This information is derived from the Official Plan Review, Clarington Community Forecast Update 2012, prepared by Hemson Consulting Ltd. for the Planning Services Department. In 2011, approximately 12% of the population in Clarington was aged 65 and over. As we see the Baby Boomers reach the age of 65, this percentage will surely grow. Due to the changing demographics of an aging population as a result of the Baby Boomers now entering their senior years, aspects of the recreational and leisure needs of older adults will evolve and demand for different programs and their delivery will occur. 1 1 P a g e 12-9 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 The Municipality of Clarington, Community Services Department provides recreation, aquatics and fitness programming and facilities for the residents of the Municipality of Clarington. Our focus is on general activities that reach and include a broad section of our residents. Direct recreation and leisure programming for older adults in the Municipality of Clarington is provided by the Clarington Older Adult Centre Board (COACB). The COACB is a not-for-profit organization; it is operated by non-municipal staff and is governed by a Board of Directors. Programming occurs primarily at a municipally owned facility, the Beech Centre, 26 Beech Avenue, Bowmanville (central Clarington) with partnership programs in satellite facilities in other communities within Clarington. The Clarington Older Adult Centre Board has been in operation since 1998 and was formally established as a Board of Council in 2005, which operates the Clarington Older Adult Association (COAA). The COACB has seen significant membership growth with an initial membership of 266 in 1998 to 2,224 today. Their mission statement is "To promote the health and happiness of older adults by providing opportunities to enhance their quality of life". The Clarington Older Adult Centre Board offers social, physical, educational and informational programs for the active older adults living within the Municipality of Clarington. The vision of the Clarington Older Adult Association includes six (6) components: • Continued growth in membership; • Facilities throughout Clarington designed for Older Adults; • Expanded programs and services; • Respected Community Partner; • Sustainable funding; • Effective governance and administrative processes. The property located at 26 Beech Avenue was acquired by the Municipality from the Lions Club of Bowmanville in 1998. Since that time the property has been home to the Clarington Older Adult Centre Board, Community Care (vacated in March of 2010), the Lions Club Daycare (vacated in June of 2010), and the Bowmanville Tennis Club, which has been in operation since the 1940's. Currently, the Beech Centre building is fully occupied by the COACB. The Beech Centre site is a 2.1 acre (excluding tennis courts and Lion's Parkette) site located on a residential street in a Heritage Conservation District. Over the years the Clarington Older Adult Centre Board has on a number of occasions requested Council to consider additional on-site parking at the Beech Centre, as the current parking available (79 spaces) is challenging during busy centre days and large special events. 2 1 P a g e 12-10 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Requests for additional on-site parking at the Beech Centre location have been denied by Council. COACB Staff have been encouraging participants to carpool and to make use of the Centre's shuttle van service, however parking still remains a challenge. As the membership and participation grows, COACB staff have been working to develop satellite programs in order to shift some of the pressure from the Beech Centre. While the satellite programs have grown and have relieved some of the pressure, the membership base continues to grow. The Clarington Older Adult Centre Board has requested Clarington Council to consider relocating them from their existing primary facility to a new location that better meets their facility and parking needs today and into the future. In order to address the challenges with the current facility's location and parking amenities, the development of an Older Adult Strategy was recommended and subsequently approved by Council. Clarington would like to undertake an Older Adult Strategy through a third party consultant, to examine current and future facility, staffing and volunteer resources as well as programming needs in order to accommodate this growing demographic. 3 Page 12-71 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Project Management: The consultant will be selected by the Project Team and shall report to the Recreation Services Manager, who will be the Project Lead and will work in conjunction with the Project Team (outlined below). Project Team: The Project Team will consist of: Manager, Recreation Services, Municipality of Clarington Community Development Coordinator, Municipality of Clarington Executive Director, Clarington Older Adult Centre Board The role of the Project Team will be to: • Select consultant with assistance of Purchasing in accordance with Purchasing By-Law; • Solicit Steering,Committee Members (as outlined below); • Initial meeting with the selected Consultant to outline project deliverables and expectations; • Arrange meeting locations and resources; • Manage the project and project team on a day to day basis; • Monitor and track time and status of scheduled tasks; • Address any issues or challenges that may arise, provide trouble shooting and problem solving; • Review draft report/ results for concurrence; • Ensure the success of the project from the project initiation through to the planning, delivery and close out phases; • Achieve the defined project objectives within the allocated cost and schedule; • Review proposed changes and assess their impact on the project costs and schedule; • Schedule and conduct status meetings during the entire project. Steering Committee: The project will be directed by a Steering Committee (outlined below). The Chair will be determined at the first meeting of the Committee. Municipality of Clarington (3) • Director, Community Services • Manager, Recreation Services • Community Development Coordinator 41 Page 12-12 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Clarington Older Adult Centre Board(3) • Executive Director, Clarington Older Adult Centre Board • 2 Members (Board Member and / or General Membership) General Public (2) • Adult or Older Adult • Clarington resident • Available for daytime meetings • Cannot be currently employed by the Municipality of Clarington or COACB • Cannot be a current member of the Clarington Older Adult Centre Board Regional Municipality of Durham— Social Services (1) Manager, Diversity and Immigration Steering Committee members (General Public) will be solicited using a standard format through: • Clarington This Week and Orono Weekly Times • Municipality of Clarington website • Clarington Older Adult Centre Board website • Municipality of Clarington social media • Program and Recreation & Leisure Guides • Facility signage Roles and Responsibilities of Steering Committee Members • Participate in project meetings as requested by the Steering Committee Chair; • Represent stakeholders that do not directly sit on the Steering Committee; • Ensure equality and impartiality in decision-making; • Act as a project champion throughout their representative organizations / stakeholder groups; • Inform the discussion and provide input to the development of the strategy based on their representative organizations / stakeholder groups; • Communicate project purpose and value to representative organizations / stakeholders. 5 Page 12-13 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Terms of Reference - Scope: Consultant services are required to develop an Older Adult Strategy that addresses the current challenges and future needs including timelines for the provision of staffing, facilities, programs and services for Older Adults within the Municipality of Clarington. Leadership The Consultant shall provide leadership in every aspect of the project with support from the Project Team and Steering Committee; Meet with the Steering Committee in a manner that fosters participation and ownership; Review and consider documentation including, but not limited to: • COACB Strategic Plan 2010 • Municipality of Clarington, Community Services Department Strategic Plan, 2008 • Municipality of Clarington, Strategic Plan, 2011-2014 • Municipality of Clarington, Official Plan • Review Clarington Community Forecast Update 2012 • A Profile of Older Adult Centres in Ontario 2013 - OACAO • Living Longer, Living Well - Report Submitted to the Minister of Health and Long- Term Care and the Minister Responsible for Seniors on recommendations to inform a Seniors Strategy for Ontario, Dr. Samir K. Sinha, MD, DPhil, FRCPC, Provincial Lead, Ontario's Seniors Strategy • Building Bridges to Tomorrow 2009 — OACAO • Finding the Right Fit: Age Friendly Community Planning, 2013 • And others... Review similar strategies in other municipalities that share Clarington's demographics and note their successes and best practices; Identify emerging trends relating to older adults and facilities, programs and services offered for older adults; Hold stakeholder and general public information session(s) (3 meetings); meeting format and structure to be determined by Consultant with input from Steering Committee in order to maximize community feedback; Constant communication with the Project Lead and Project Team to manage project logistics, verify outcomes; Prepare a draft report and present to the Project Team and Steering Committee; Deliver a final report to Council (1 meeting) with the preferred plan and implementation process with timelines and anticipated costs. 61 Page 12-14 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Facilities Review the existing facilities which house the Clarington Older Adult Centre Board and its programs; Look at facility options, both immediate and long-term, which address the current challenges and future growth anticipated within Clarington (discuss and compare options which may include current facilities, relocation, new construction opportunities, dedicated space, shared / multi-generational / multi-purpose facilities, satellite programming with a focus on accessibility, safety, practicality, sustainability); Include options which address transportation to and from older adult activities for older adults in both urban centres and rural communities within Clarington (focus on accessibility, safety, practicality, sustainability). Staffing/Volunteer Resources Review existing staffing for the Clarington Older Adult Centre Board and provide recommendations for current challenges, future growth and planning as it relates to all locations within the Municipality of Clarington according to the current and proposed programming model; Include a proposed staffing structure for the development and implementation of recommended programming enhancements and opportunities, identifying recommendations for implementation timelines; Review current opportunities and identify future opportunities for volunteering within the Clarington Older Adult Centre Board. Identify any strategies that could be used to encourage and retain volunteers with the Clarington Older Adult Centre Board. Programming Review older adult programming, taking into consideration demographic data as well as facility utilization patterns; Look at older adult programming options, both immediate and long-term, which address current challenges and future growth anticipated within Clarington (discuss and compare different program delivery models which includes the current delivery model, municipal program delivery, other program / service delivery providers or any other models used in other similar municipalities); Ensure programming meets the needs of the community, identifying any gaps in programming which may not engage or does not seem to include various demographic groups (based on culture, gender, etc); 7 1 P a g e 12-15 Clarington Older Adult Strategy Attachment 1 to Report CSD-002-14 Conduct an inventory of programs and services currently available within the Municipality of Clarington and identify opportunities for partnerships with providers that are not currently affiliated with the Municipality or the Clarington Older Adult Centre Board; Project Deliverables An Older Adult Strategy outlining recommendations for the following: • Future options for the Clarington Older Adult Centre Board facility location including a timeline to be considered within the Municipality's capital budget forecast; identifying any impacts to the COACB operating budget; • An innovative framework and implementation plan outlining the Clarington Older Adult Centre Board's and Municipality of Clarington's roles in service delivery for a vast age span (50+) including priorities and implementation actions for the next: o 1-5 years (short term) o 5-10 years (medium term) and o 10+ years (longterm) • Identification of any partnership potential in the community; • Identification of capital and operating impacts including cost / benefit analysis for each phase of implementation (short, medium and long term). Study Budget: The study budget is $60,000 plus HST. 8 1 P a g e 12-16 Clarftwn . REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 3, 2014 Resolution#: By-law#: N/A Report#: CLD-005-14 File#: C12.MU Subject: APPOINTMENT TO CLARINGTON MUSEUMS AND ARCHIVES BOARD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-005-14 be received; 2. THAT be appointed to the Clarington Museums and Archives Board for a term concurrent with the term of Council; 3. THAT all interested parties listed in Report CLD-030-13 be advised of Council's decision. Submitted by: Reviewed by: Y P,j rie, CMO Franklin Wu, Mu cipal Clerk Chief Administrative Officer PLB/jeg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 13-1 REPORT NO.: CLD-005-14 PAGE 2 1. BACKGROUND 1.1 Clarington Museums and Archives Board: The Clarington Museums and Archives Board (CMAB) is a volunteer board established in 2001 by the Municipality of Clarington Council to manage the Clarington museums and archives. Board members are ultimately responsible to the Municipality of Clarington Council and are bound by By-law 2012-093, which states that the composition shall be comprised of a maximum of 12 voting members comprised of, as reasonably as possible: 0 8 Public Representatives being two members from each ward; 0 1 member representative of the Friends of the Museum; 0 1 member representative of the Newcastle Village and District Historical Society; and 0 2 appointed members of Council 2. CURRENT SITUATION 2.1 Clarington Museums and Archives Board Michelle Speelman-Viney was appointed to the CMAB in January, 2011, as a Ward 1 representative. The Municipal Clerk's Department received her resignation on October 22, 2013, effective November 29, 2013. Following Council's appointments in 2011, all unsuccessful candidates were advised that their applications would remain on file for consideration should a vacancy occur on the Board. Accordingly, the Municipal Clerk's Department contacted the one Ward 1 previous applicant to the Board to determine whether he wished to put his forward his name for consideration and did not receive confirmation that the applicant was interested by the deadline. Accordingly, the Municipal Clerk's Department proceeded to advertise for the vacancy. During the advertisement period, no new applications were received, but the following previous applicant indicated an interest in the vacancy: Paul Adams At the Council meeting of December 16, 2014, Council approved the following Resolution #GPA-584-13: THAT Report CLD-030-13 be received; THAT Michelle Speelman-Viney be thanked for her contribution to the Clarington Museums and Archives Board; THAT Staff be directed to re-advertise for the vacancy on the Clarington Museums and Archives Board; 13-2 REPORT NO.: CLD-005-14 PAGE 3 THAT Jennifer Forde be thanked for her contribution to the Clarington Accessibility Advisory Committee; THAT Julie Michalejko-Earl be appointed to the Clarington Accessibility Advisory Committee for a term concurrent with the term of Council; and THAT all interested parties listed in Report CLD-030-13 be advised of Council's decision. Accordingly, the Municipal Clerk's Department proceeded to advertise for the vacancy. Advertisements were placed on the website, and in the local papers (January 2nd 8th, and 16th) with a deadline of noon on Friday, January 24, 2014. The following individuals have put forward an application for consideration: • Paul Adams • Olinda Casimiro • Mark Stanisz The applications for the above-named individuals have been circulated under separate cover (Attachment 1) as they contain personal information about the individuals. The following members are currently appointed to the CMAB: • Ward 1 Mrs. Marilyn Morawetz • Ward 2 Ms. Bonnie Seto • Ward 2 Mr. Grant Humes • Ward 3 Mrs. Mavis Carlton • Ward 3 Mr. Clayton M. Morgan • Ward 4 Mr. John Witheridge • Ward 4 Mrs. Julie Cashin-Oster • Friends of Museum Mrs. Susan Laing • Council Rep Mayor Foster • Council Rep Councillor Neal The former Executive Director, Martha Rutherford Conrad; of the Clarington Museums and Archives had noted, in correspondence, that the following skills would be an asset to the Clarington Museums and Archives Board: • Project Management • Financial Management • Marketing/Public Relations • Experience with not-for-profit agencies 13-3 REPORT NO.: CLD-005-14 PAGE 4 3. CONCURRENCE: Not Applicable 4. CONCLUSION In order to fulfill the requirements of the Terms of Reference of the Clarington Museums and Archives Board, it is recommended that one of the following be appointed to the Clarington Museums and Archives Board, as the Ward 1 representative, for a term concurrent with the term of Council: • Paul Adams • Olinda Casimiro • Mark Stanisz CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk Confidential Attachments (Distributed Separately): Attachment 1: Clarington Museums and Archives Board Applications List of interested parties to be advised of Council's decision: Paul Adams Olinda Casimiro Mark Stanisz John Witheridge, Chair, Clarington Museums and Archives Board Julia Fielding, Executive Director, Clarington Museums and Archives Board 13-4 Clarftwn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 3, 2014 Resolution#: By-law#: Report#: COD-001-14 File#: Subject: PUBLIC SECTOR SALARY DISCLOSURE ACT REPORT FOR 2013 YEAR RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-001-13 be received; and 2. THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate Ministry be notified, which employees, were paid a salary of $100,000 or more (as defined in the Act), for the year 2013. Submitted by: Reviewed by: Marie Marano, H.B.Sc Franklin Wu, Director of Corporate Chief Administrative Services/Human Officer Resources M M/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 14-1 REPORT NO.: COD-001-14 PAGE 2 1. BACKGROUND AND COMMENT 1.1 On January 29, 1996, the Ontario Legislature passed the Public Sector Salary Disclosure Act. This Act requires the Municipality to disclose annually the names, positions, salaries and taxable benefits of employees paid $100,000 or more a year. 1.2 The definition of salary paid is per the Income Tax Act. Specific boxes from the T4 are used to calculate the salary paid (box 14) and the taxable benefits (boxes 30, 32, 34, 36, 38, and 40). It is important to note that the basic pay is the gross salary before statutory deductions for tax, C.P.P., E.I., etc. 1.3 For elected officials, the one-third non-accountable expense allowance paid to an elected officer to perform the duties of that office is not included in box 14 and therefore not included in the amount reported here. 1.4 The municipality is required to submit this information to the Ministry of Municipal Affairs and Housing and to include the information in the Municipality's annual financial statements. 1.5 The Ministry of Finance will prepare, for public release on April 1St, a compendium of records of all employees in the Province whose salaries are disclosed. 1.6 In 2013, employees paid a salary as defined in the Public Sector Salary Disclosure Act, 1996, of $100,000 or more by the Municipality of Clarington are listed on attachment#1. 2. CONCURRENCE - Not applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Attachment: Attachment 1 - List of Individuals Earning $100,000 or More 14-2 RECORD OF EMPLOYEES'2013 SALARIES AND BENEFITS Attachment#1 Taxable Surname Given Name Position Title Salary Paid Benefit Wu, Franklin Chief Administrative Officer $ 224,456 $ 3,114 Allison Andrew Municipal Solicitor $ 179,420 $ 2,392 Taylor Nancy Director of Finance $ 171,355 $ 2,193 Weir Gordon . Director of Emergency Services $ 163,933 $ 2,193 Caruana Joseph Director of Community Services $ 161,928 $ 2,193 Cannella Anthony Director of Engineering $ 155,389 $ 2,193 Crome David Director of Planning $ 157,082 $ 2,108 Hopkins Edith Libra Director $ 150,922 $ 1,931 Horvath Frederick Director of Operations $ 144,149 $ 2,044 Barrie Patti Clerk $ 143,897 $ 2,044 Berney Mark Deputy Fire Chief $ 142,173 $ 1,908 Hesson William Deputy Fire Chief $ 141,898 $ 1,914 Pigeon Richard Chief Building Official $ 135,937 $ 1,908 Van D k Robert Information Technology.Mana er $ 129,370 $ 1,783 Lan maid Faye Manager S ecial Pro'ecfis $ 124,707 $ 1,783 Gordon Lori Deputy Treasurer $ 124,979 $ 1,783 Benson Leslie Transportation and Design Manager $ 126,453 $ 1,698 Pellarin Carlo Development Review Manager $ 126,538 $ 1,783 Salazar Carlos Community Planning and Design Mana er $ 124,260 $ 1,783 Acorn George Facilities Manager $ 123,327 $ 1,650 Clark Norman Construction Manager $ 114,132 $ 1,634 Oliver Gary Fire Captain $ 114,658 $ 847 Windolf Peter Park Development Manager $ 115,931 $ 1,634 Albright Ron Manager of Infrastructure $ 115,329 $ 1,634 Cooke Jennifer Communications &Tourism Manager $ 115,688 $ 1,550 Greentree C Anne De u Clerk $ 1131578 $ 1,634 Calhoun Timothy Fire Captain/Training Captain/Training Officer $ 113,725 $ 863 Chambers L Donald Fire Captain $ 107,417 $ 861 Genosko Robert Operations Supervisor $ 107,761 $ 1,466 Brent Rosalie Mana er Accounting Services $ 109,450 $ 1,502 Ulrich Mark 1st Class Firefighter $ 143,273 $ 828 Meredith Sharon Recreation Services Manager $ 110,157 $ 1,642 w .l I RECORD OF EMPLOYEES'2013 SALARIES AND BENEFITS � Attachment#1 Taxable Surname Given Name Position Title Salary Paid Benefit Dusseldorp Gary Fire Captain $ 110,150 $ 828 Foster Adrian Mayor ** $ 109,632 $ 13,887 Creamer Leonard Municipal Law Enforcement Man a er $ 108,261 $ 1,508 Del Grande Linda Libra De ut Director $ 103,386 $ 1,420 Reinert Randolf Fire Prevention Officer $ 105,962 $ 858 Peters Clint Operations Supervisor $ 107,634 $ 1,509 Pascoe Jane Executive Assistant- CAO Office $ 106,556 $ 1,401 Devitt Murray Operations Supervisor $ 107,449 $ 1 502 Barber Jer Purchasin Mana er $ 105,317 $ 803 Cowan Randal Fire Ca tain $ 104,611 $ .840 Wheller Lisa Human Resources Su ervisor $ 103,631 $ 1,504 Postill Lar O erations Su ervisor $ 101,772 $ 1,395 Bradle Grant Fire Ca tain $ 101,031 $ 747 Vanderkooi Rick 1 st Class Firefi hter $ 102,208 $ 736 Ostler Kenneth Fire Trainin Officer $ 114,002 $ 832 Dennis Murra 1st Class Firefi hter $ 111,016 $ 755 Dawson Jeffe Fire Ca tain $ 106,120 $ 775 O'Hare Paul 1st Class Firefi hter $ 103,995 $ 718 Clifford Cur Cor orate Initiative Officer $ 103,676 $ 1,516 Carr Catherine Mana er of Internal Audit $ 102,305 $ 1,168 Mae Ma ann Tax Collector $ 101,610 $ 1,516 Ladouceur Marc 1st Class Firefi hter $ 101,584 $ 721 McCutcheon Robert 1st Class Firefi hter $ 101,568 $ 751 Szwarz Janice Princi al Planner $. 101,077 $ 1,471 Ba shaw Sean Ca itaI Works En ineer $ 100,257 $ 1,427 **Total salary paid does not include the 113 tax free allowance of$28,097. The taxable benefit column is the sum of car allowance, $12,033.and Life, Dependent Life taxable benefit of$1,737, Accidental Death and Dismemberment$117. Clarbgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: FEBRUARY 3, 2014 Resolution#: By-law#: N/A Report#: COD-002-14 File#: N/A Subject: Joint Health and Safety Committee — 2013 Summary RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-002-14 be received; and 2. THAT the updated Harassment Policy E5 (Attachment #1), Health & Safety Policy Statement (Attachment #3) and Terms of Reference (Attachment #4) be endorsed. Submitted by: Mike Mc on, Co-Chair c Ladou ur, Co-Chair Joint Health & Safety Committee Joint ea Safety Committee Reviewed by: lVfa'_'_db5 Marano, H.B.Sc., Franklin Wu Director of Corporate Services/ Chief Administrative Officer Human Resources FW/MM/MUMM/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 14-5 REPORT NO.: COD-002-14 PAGE 2 1.0 BACKGROUND 1.1 Report COD-002-14 has been prepared to provide Council with the annual update of activities undertaken by the Joint Health and Safety Committee during the past year. The Occupational Health and Safety Act requires the Joint Health and Safety Committee provide the employer with an annual update if requested. This report also provides a summary of incidents and accidents that occurred in the workplace during 2013. 2.0 2013 HIGHLIGHTS 2.1 Review and Update of Corporate Health & Safety Policies Work has been progressing throughout the year to review and update the Corporate Health & Safety Policies. The update and review process is ongoing in line with our continuous improvement plan. As part of this review the Corporate Policy dealing with Harassment (Attachment#1), the Health & Safety. Policy Statement (Attachment #3) and the Terms of Reference (Attachment#4) have been updated and are attached for Council endorsement. 2.2 Workwell Program Work on this program slowed in 2013 as the WSIB/MOL placed the Workwell Program on "hold" for now. As a result we moved these resources and activity towards the newer initiative of the WSIB Safety Group where positive results would equal additional WSIB Rebates, A Workwell member meeting will be arranged to discuss how to finish up and close off any outstanding Workwell initiatives. 2.3 WSIB Safety Group The Municipality is an active member of WSIB Safety Group initiative sponsored by Pubic Services Health & Safety Association. The goal of this group is to have each group member set targets to improve elements of their H&S Program. In May of 2013 WSIB conducted an audit of 5 elements of our Safety Program performance from 2012, and Clarington scored 100% on each element. This resulted in a rebate cheque from WSIB in the amount of$22,544. 2.4 2012 NEER Statement Results Throughout the course of the year, the WSIB monitors the number of reported incidents and accidents. Employers are required to advise the WSIB of any injury that requires medical aid and/or lost time. The cost value of these claims is reported back to the employer quarterly in the form of a NEER statement. NEER is referred to as the New Experimental Experience Rating. The individual employer's performance is measured through the WSIB Performance Index 14-6 REPORT NO.: COD-002-14 PAGE 3 utilizing the previous four (4) year injury history and are used in part to assess the employer's annual premiums. A rating of 1.0 is neutral; above 1.0 requires addition premium surcharges to be paid by the employer; and a rating below 1.0, the employer receives a refund of premiums. These adjustments are in addition to the base rate group premium of$2.24 per $100.00 of earnings. Clarington has been in a refund situation for the past number of years with the exception of 2010, when a volunteer fire fighter suffered a very serious knee injury. As a result of the ongoing effort and priority given by our employees as we continue our efforts to improve workplace health & safety, Clarington has again received a rebate. Rebates/Surcharges are continually adjusted based on individual claim activity for the previous four years (2009 through to 2012). In January of this year we received a rebate cheque from WSIB in the amount of $102,619,41. The adjustments for the four previous years are as follows; • For 2012 the rebate was for 92,176.55 • For 2011 the review/adjustment increased our 2011 rebate by $649.99 • For 2010 there was an adjustment on our surcharge, they had initially invoiced us for $113,501.87 which we paid in December of 2011, after the rolling review in 2012 they reduced the surcharge to $54,766,84, as a result of the rolling review in 2013 they reduced the surcharge to $44,670.52 so included in the above cheque is a credit adjustment of$10,096.32 for 2010 • For 2009 the review/adjustment reduced our 2009 rebate by ($303.45) 3.0 EARLY and SAFE RETURN TO WORK PROGRAM 3.1 All Departments continue to follow and have success with the Corporate Early and Safe Return to Work Program. In order to reduce lost earnings costs to the above noted NEER program, the WSIB encourages all employers to develop an Early and Safe Return to Work program. The purpose of this program is for the employer to work with the injured employee to return to work as soon as possible after experiencing a work-related injury. 3.2 In most cases, employees who experience a work-related injury return to work within 24 hours and do not incur lost wages. However, in more serious injuries, employees may not be able to perform their normal duties. In the past, those employees would have remained off work until they were able to return to full duties. The Early and Safe Return to Work Program allows the employer to offer the employee alternate duties that would be meaningful to the employer, and not cause any further injury to the employee. By doing so, the employee returns to work earlier than they normally may; the employee does not collect WSIB payment for lost wages and the employer does not incur increased WSIB premiums and/or NEER Surcharges. 14-7 REPORT NO.: COD-002-14 PAGE 4 4.0 ACTIVITES 4.1 The Joint Health and Safety Committee (JH&SC) is co-chaired by Municipal staff representing both management and workers within the Municipality. The committee represents management workers, Canadian Union of Public Employees Local 74 (both Inside and Outside Workers) as well as the Clarington Fire Fighters Association Local 3139. 4.2 The committee currently consists of 14 members (members list; attachment #2) plus 15 alternate members who attend meetings in the absence of a JH&SC Member and assist with monthly facility inspections. 4.3 The municipal JH&SC members meet every month with the exception of July and August. All minutes are retained within statutory limits and current minutes are posted for all staff on the Health and Safety Boards located at every workplace within the Municipality. Atypical agenda will include: • Agenda Review • Introduction of Guests • Department Head Presentation • Approval of Previous Minutes • Business Arising from Minutes • Review of Previous Month Workplace Inspections • Current Workplace Inspections • Accident/ Injury Statistics Review • Update from Emergency Services • Update from Health & Safety Coordinator • Other Business • Workplace Inspection Assignments 4.4 The JH&SC members also conduct monthly inspections of Municipal workplaces. On a monthly basis, there are at least fourteen inspections carried out by the JH&SC. The Occupational Health and Safety Act (OH&SA) states that all facilities must be inspected monthly; and where it is not practical to for a complete inspection, at least part of the facility must be inspected. In addition the requirement to inspect municipal work sites, all other municipally owned facilities (Board operated community centres) are inspected at least once per year. Inspection forms are also retained and the current forms posted on the JH&SC Boards for staff information. 4.5 In the spring of this year Joint Health & Safety Committee Members and Alternates participated in a full day of JHSC training. The morning session was "Ergonomics in The Workplace"; the afternoon session was "Accident Investigation". During 2013 forty nine staff members were certified and/or recertified in First Aid and CPR. 14-8 REPORT NO.: COD-002-14 PAGE 5 4.6 During 2013, seventy five staff occupying supervisory rolls (Managers, Supervisors, Lead Hands, Captains, Acting Captains and Eligible Acting Captains) have completed Supervisor Health & Safety training. This is a result of the Ontario Government requirement of mandatory Health & Safety training for Supervisors and Workers. This training will continue in 2014 as we work toward the compliance date of July 1St 2014 where all workers and supervisors must show proof they have completed this training. 4.7 During 2013 the Joint Health and Safety Committee reviewed and updated the Terms of Reference. This document was originally endorsed in 2007 by the Ministry of Labour, Clarington Fire Fighters Association Local 3139, CUPE Local 74 the Joint Health & Safety Co-Chairs the CAO and then by Council. It remains our guiding document for Committee activities. Attached is the 2014 update signed again in 2014 by the same parties and is attached for Council endorsement. 5.0 INCIDENTS AND ACCIDENTS 5.1 Incidents and accidents are tracked and reported on a monthly basis to the Health & Safety Committee. The statistics are used to identify trends and opportunities for training. Overall the total number of incidents in 2013 were 66 compared to 53 in 2012 primarily impacted by 9 employees exposed to carbon monoxide in one incident. Incidents include lifts, slips, falls, minor cuts and burns etc. 5.2 The Workplace Safety & Insurance Board (WSIB) requires employers to report a work related accident if they learn that a worker required health care and/or; is absent from work, earns less than regular pay, requires modified work at less than regular pay, or the worker does not receive medical attention but requires modified work for more than seven calendar days following the date of the accident. Employers are not required to report a work related accident if the worker receives only first aid. The Municipality experienced a bit of a spike in reportable workplace injuries during 2013 as compared to 2012 as shown in the chart below. The spike was mostly due from one occurrence where Emergency Services responded to a medical call on December 23, 2013. It was a tragic event where our emergency responders were called to a residence to aid members of our community who were feeling ill. It was later discovered that this residence had high levels of Carbon Monoxide. In response to that and to ensure the health of our emergency responders, even though they were not experiencing any symptoms, the Fire Chief ordered that all nine Firefighters that entered that residence were checked at the Hospital for possible Carbon Monoxide exposure. All nine were checked reported to be okay and released with no medical care required. 14-9 REPORT NO.: COD-002-14 PAGE 6 REPORTS TO WSIB 2012 2013 Medical Aid 11 18 (9 from one incident of medical checks for Carbon Monoxide) Lost Time 2 6 TOTAL 13 24 These 24 reported injuries are included in the statistics total noted in 5.1 5.3 Ministry of Labour Accident Investigation from 2012 The charges brought forward by the Ministry of Labour On January 25th of 2013 resulting from a training incident involving Emergency Services are still before the Courts and have not yet been resolved. These charges stem from an accident that occurred on February 3, 2012 and are with the Municipality's legal representatives. 6.0 COMMENTS 6.1 Support for the Health and Safety Program within the Municipality has been endorsed by all staff from the part-time occasional staff member to full time staff, supervisors, managers, department heads, CAO and Council. This support has been demonstrated by our ongoing annual Neer rebates helping to reduce WSIB costs. Continued support for staff training programs and awareness will continue to reduce injuries and costs within the workplace. 7.0 CONCURRENCE - Not applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Attachments: Attachment 1 — Policy E-5 Harassment Attachment 2 — Joint Health & Safety Committee Members - 2014 Attachment 3 - Health and Safety Policy Statement— 2014 Attachment 4 - Terms of Reference 2014 Update 14-10 ATTACHMENT#1 Corporate Policy Leading the Way POLICY TYPE: Working Conditions and Programs POLICY TITLE: Harassment POLICY#: E5 POLICY APPROVED BY: Chief Administrative Officer EFFECTIVE DATE: April 28, 1997 REVISED: October 22,2013 APPLICABLE TO: All Employees and Elected Officials The Corporation of the Municipality of Clarington is dedicated to providing a healthy and safe work environment. Acts of workplace harassment by staff, volunteers or visitors will not be tolerated. The Municipality of Clarington has a zero tolerance policy regarding workplace harassment. Any violation of the policy will be investigated and may result in disciplinary action up to and including termination with cause. Violence in the workplace is dealt with under a separate Health& Safety Policy(H-8 Workplace Violence). 1. Purpose: a) To convey the Municipality's commitment to maintaining a workplace free of harassment. b) To ensure employees know what to do if he/she has been harassed or accused of .harassing another individual, and are aware of their responsibilities in maintaining a harassment free workplace 2. Definitions 2.1 Workplace: any location where business of the Municipality is being conducted such as offices and buildings of the Corporation. The workplace includes cafeterias, washrooms, locker rooms,work sites, on-road municipal vehicles and personal vehicles while occupied by municipal employees during travel for the purpose of municipal business, during regular or non regular hours as required. Harassment that occurs outside the workplace but which has repercussions in the work environment, adversely affecting employee relationships, may also be defined as workplace harassment,with each,situation to be evaluated on its own merit. 2.2 Harassment: means engaging in a course of vexatious comments including electronic means of communication or conduct by an employer, someone acting for the employer or co-worker towards any other employee which is intimidating, annoying or malicious and may relate to race, ancestry,place of origin, colour, ethnic origin, citizenship, religion/creed, sex, sexual orientation, age, record of offences (provincial offences and pardoned federal offences),marital status, family status or handicap, against a worker in a workplace that is known or ought reasonably to be known to be unwelcome whether intended or not. E5 - Harassment Page 1 of 7 14-11 Corporate Policy Leading the Way 2.3 Harassment is further explained as follows; a) Sexual Harassment: • Sexual advance or solicitation by a person who is in a position to grant or deny a benefit to another. • Reprisal or threat of reprisal by a person in a position to grant or deny a benefit to a person who has rejected his or her sexual proposition • Unnecessary or unwanted physical contact, ranging from touching,patting or pinching to physical assault • Leering or other suggestive gestures • Unwelcome remarks,jokes, suggestions or insults about a person's physical appearance, attire or sex • Displaying, sending or communicating electronically or by any other means pornographic pictures or other offensive, sexually explicit material • Practical jokes of a sexual nature, which cause awkwardness or embarrassment • Demands or requests for sexual favours,particularly by a person who is in a position to grant or deny a benefit • Compromising invitations b) Discriminatory Harassment • Unwelcome remarks,jokes or insults about a person's racial background, colour, place of birth, ancestry or citizenship • The displaying of racist, derogatory or otherwise offensive material • Insulting gestures or practical jokes based on racial or ethnic grounds which cause embarrassment • A refusal to converse or work with an employee because of his or her racial or -- -- - ethnic background • Any other situation as defined by the prevailing Human Rights Code c) Workplace Harassment • Physically abusive or aggressive behaviour such as pushing,hitting, finger pointing or standing close to the victim in an aggressive manner • Using intimidating or disrespectful body language • Verbally abusive behaviour such as'yelling, insults, intimidating comments and name calling • Spreading malicious rumours • Excluding or ignoring the victim • Making little or no eye contact with the victim and refusing to engage in common pleasantries • Sabotaging the victim's work or claiming credit for it • Reportedly blaming others for mistakes • Making false allegations in memos or other documents • A supervisor undermining the victim's efforts by setting impossible goals and deadlines and impeding an employees efforts at promotions or transfers E5 -Harassment Page 2 of 7 14-12 Corporate Policy Leading the Way • Persistent excessive and unjustified criticism and constant scrutiny by a supervisor 2.4 Examples that do not constitute Workplace Harassment, providing they are undertaken without malice or intent to intimidate or undermine; • performance reviews • work assignments • work evaluation • disciplinary measures taken by the employer for valid reasons • normal workplace conflict that may occur between individuals, or differences in opinion between co-workers • requesting medical documentation in support of an absence from work 3. Policies: a) The Corporation of the Municipality of Clarington, CUPE Local 74 and the Clarington Fire Fighters Association, Local 3139 supports and recognizes their obligations regarding the right for every employee to work in a harassment free environment, as specified in the prevailing Ontario Human Rights Code and the Occupational Health& Safety Act. b) In keeping with its legal and social responsibilities as an employer, the management of the Corporation shall treat any complaint of harassment as a serious matter. c) No employee shall be harassed because of race, ancestry,place of origin, colour, ethnic origin, citizenship, religion, creed, sex, sexual orientation, age,record of offences (provincial offences and pardoned federal offences),marital status, family status or disability. d) A spirit of fairness to both parties must guide the proceedings. This includes the respondent's right to know both the allegations and the accuser and the rights of both parties to a fair and impartial investigation and possibly a hearing. e) Confidentiality will be maintained to the best of management's ability. Any employee who is the subject of a complaint shall be informed of the complaint as soon as reasonably possible. The complainant who wishes to seek a remedy or a sanction through this procedure must be prepared to be identified to the respondent which will be undertaken with efforts to maintain respect for all involved in the situation. All involved in the process are requested to maintain confidentially. f) This policy provides that the complainant not be compelled to proceed with the complaint unless the situation warrants as determined by management. It further provides the complainant with the right to withdraw a complaint at any point up to the final disposition of the matter. Based on knowledge obtained, the Corporation may be required to proceed with the investigation and report without the complainant's direct involvement. E5 -Harassment Page 3 of 7 14-13 Corporate Policy Leading the Way g) The respondent is entitled to a specific disposition of the issue as appropriate to the situation and findings. h) The final result or discipline if any, enforced as a result of the complaint need not be shared with the complainant. i) Every effort must be made by all parties to stop the harassment immediately. j) Any employee may at any time throughout the process seek advice or assistance from the Ontario Human Rights Commission. 4. Procedures: The Complainant: Any person who believes he/she is being harassed by another person is advised to take the following measures: Step #1 —Ask the harasser to stop: Inform the harasser that his or her behaviour is unwelcome. An individual (although he or she should know better)may not realize that he or she is being offensive. A simple chat may resolve the problem. If the person refuses to cooperate,remind him or her that such behaviour is against Municipal policy. If the employee feels uncomfortable asking the harasser to stop, assistance or intervention by Human Resources may be sought. Step#2—Keep a record of the harassment: - When did the harassment start? (E.g. dates,time, locations). What happened? Were there any witnesses?Were there any threats or reprisal?What was your response? Failure to keep a diary of the events will not invalidate your complaint. A record will, - ---- however, reinforce it.- - -- - - - - Step#3—Lodge a complaint: a) If the harassment, despite your efforts to stop it, continues, you should report the problem to your Supervisor, Department Head or a designate from Human Resources. If the offending person is the designate from Human Resources, the complaint should be taken directly to the Chief Administrative Officer or designate. If the offending person is the Department Head,the complaint shall be reported to Human Resources who will bring this matter to the CAO. If the offending person is the CAO,the Human Resources designate has the ability to advise Council in a confidential report. b) If the complaint is against a member of Council, an independent investigation will be conducted, with the report going to the CAO,who is authorized to advise Council of the independent results. c) Once the complaint is received, if verbal, Human Resources will document the events as communicated. If the compliant is in writing the date and time received will be recorded. Both parties may have a copy of the complaint, but Human Resources will retain all formal records. E5 -Harassment Page 4 of 7 14-14 Any Corporate Policy Leading the Way d) Where a manager or supervisor initially receives the official complaint, it is his/her responsibility to ensure that the designate from Human Resources and the Department Head is notified about the complaint as soon as reasonably possible. The designate from Human Resources is then responsible for assessment and initiation of an investigation. e) The designate from Human Resources will acknowledge receipt of a complaint as soon as reasonably possible to the Manager/Department Head/Complainant/Alleged Harasser. f) The Department Head and the CAO will be kept apprised of the process as to the appropriate steps throughout the process. Human Resources: Human Resources with assistance from the Health& Safety Coordinator if requested shall take the following steps: Step #1—Investigation of Complaint will be conducted by Human Resources or by Independent investigator as appropriate to the circumstances as determined by Human Resources. a) Fact finding i) A confidential interview with relevant parties will be conducted to obtain information and clarify the details of the reported incident. Both parties will have an opportunity to identify witnesses or others who may be interviewed. Where witnesses are not identified, or where otherwise appropriate, co-workers or other individuals may be interviewed. All interviews will be conducted in a confidential manner. ii) The results and conclusions of the investigation will be documented after interviewing the complainant,respondent and any other relevant witnesses including co-workers if necessary. Complainant and/or respondents may be asked to verify documentation. Where appropriate and necessary, the investigator may contact the Ontario Human Rights Commission or independent investigation firms for advice or assistance. b) Preliminary findings i) Where the information revealed early in the investigation suggests a.reasonable possibility of a resolution, an early settlement may be proposed prior to conducting the entire investigation. ii) Where appropriate, a meeting may be convened with the parties (either individually or collectively as appropriate) involved to discuss preliminary findings of the investigation and inform participants of the possibility and nature of early settlement and the reasons. iii) This stage allows all parties to become aware of the tentative findings and presents an opportunity, based on the information,to resolve the matter upon agreement of all parties without further investigation. iv) Where agreement is reached and the matter deemed resolved, a summary report will be prepared for the Chief Administrative Officer and appropriate Department Head. E5 - Harassment Page 5 of 7 14-15 Corporate Policy (Leading the Way v) In situations where both parties agree on a settlement but Human Resources deem the situation could pose a risk of further action, danger or legal outcome, Human Resources will make recommendations to the CAO regarding acceptance of the proposed settlement or proceeding further. c) Further investigation i) Where, as a result of preliminary findings, a resolution cannot be proposed or achieved, or where the designate from Human Resources determines that file closure at this point would not be appropriate, further investigations will be conducted. d) Notification and discussion of results i) The designate from Human Resources will subsequently schedule meetings with the complainant, alleged harasser, Department Head and/or Chief Administrative Officer where necessary,to present and discuss the findings and conclusions of the investigation. Separate meetings may be convened if necessary and all parties have a right to be represented. e) Report of Findings i) A written general summary of the complaint and results of the investigation will be provided to the Chief Administrative Officer, Director of Corporate Services/HR, Department Head the complainant and the respondent as they are affected by the outcome. Documents are retained by Human Resources and detailed notes are not provided to complainant or respondent. ii) The final full report will not be released to complainant or respondent or other party involved unless extenuating circumstances dictate, or there is a legal requirement to release the report. f) Disciplinary measures i) If there is evidence of harassment, disciplinary measures will be taken by the Department Head, in consultation with the Director of Corporate Services/HR and the Chief Administrative Officer as appropriate. Such discipline may include suspension or discharge. Documentation regarding the disciplinary action.will be placed in the employees personnel file. g) Malicious complaints i) Where, as a result of an investigation, it is determined that the complaint was made maliciously—with a specific and directed intent to harm, or made in bad faith with reasonable knowledge of any intent to harm, formal disciplinary actions may be taken against the complainant, after consultation with the Department Head, Director of Corporate Services/HR and/or CAO as appropriate. Documentation regarding the disciplinary action will be placed in the employee's personnel file. E5 -Harassment Page 6 of 7 14-16 Corporate Policy Leading the Way Step #2—Preventing a Re-Occurrence a) If the complaint is found to be not supported, no documentation of the complaint will be placed in the employee file of the respondent,unless the respondent requests a letter of clearance stating the claim was unfounded be placed into their employee file. Human Resources will maintain all records. b) It is the responsibility of the Department Head and Supervisors to make all reasonable efforts to ensure that workplace harassment does not occur and that there is no retaliation for having made a good faith complaint in his or her department. The Respondent: a) Assess your behaviour seriously. Understand that even if you did not intend to offend, your behaviour has been perceived as offensive. Be aware that the test of harassment is not whether you intended to offend, but whether a reasonable person ought to have known that the behaviour, comments or conduct were unwelcome. b) Cease the behaviour that the person finds offensive or unwelcome. Failure to cease this behaviour will leave you more vulnerable to a formal complaint, which could lead to disciplinary actions. c) If you believe the complaint is unfounded, discuss the matter with your supervisor and/or Department Head or Human Resources. d) You are entitled to know the allegations against you and to have an opportunity to respond. e) Document your version of the alleged incident including times,places, what happened and any witnesses. f) Cooperate with any investigation undertaken to resolve the matter. E5 -Harassment Page 7 of 7 14-17 Attachment#2 Leading the Way JOINT HEALTH AND SAFETY COMMITTEE MEMBERS 2014-2015 All phone numbers are Area Code 905 NON-AFFILIATED MEMBERS ALTERNATES Ext Ext Mike McCron** 6233379 Patti Barrie* (M) 6233379 Corporate Services— 1 st Floor MAC X2204 Clerk's—2nd Floor MAC X2102 Len Hunter (M) 4351061 Mark Berney** 6233379 Community Services—SCA x222 Emergency Services—HQ X2803 Rob Groen** 623-3379 Jenny Bilenduke** 6233379 Operations — Building Services X2920 Engineering—3rd Floor MAC X2301 Marie Marano (M) 6233379 Lockie Longhurst** 263-2291 Corporate Services- 1St Floor—MAC X2202 O erations— Hampton X535 Lori Gordon** 623-3379 Ken Ferguson (M) 623-5728 Finance— 1St Floor MAC X2604 Community Services - RRC x630 Gord Weir** 623-3379 Gerry Jordan (M) 6233379 Emergency& Fire Services—HQ X2802 Cor orate Services— 1St Floor MAC X2201 Lisa Wheller (M) 623-3379 Nancy Taylor (M) 6233379 Corporate Services— 1 st Floor MAC X2205 Finance— 1St Floor MAC X2602 Steve Myers** 435-1061 Community Services—SCA x230 AFFILIATED MEMBERS ALTERNATES Marc Ladouceur** Co-Chair 623-5126 Aidan McConkey (F) 623-5126 Emergency& Fire Services Emergency& Fire Services Dan Worrall** 623-5126 Stewart Richardson 623-5126 Emergency & Fire Services cy& Fire Services Paul Neto** 6233379 Mike Bourke** 263-2291 Operations - Basement- MAC X2922 Operations - Hampton Chris Welsh** 623-5728 Tara Lee Sellick 623-3379 Community Services—G.B. Rickard Community Services—3rd Floor MAC X2505 Ian Laflamme 987-5667 Tim Welsh 623-3379 Community Services- NDRC Operations— Building Services X2925 Michael Ste.Croix 623-3379 Bob Stiles 623-3379 Finance-MAC X2615 Operations— Building Services X2921 Tom Stout 263-2291 Adrian Coolen** 6233379 Operations - Hampton Engineering -3rd Floor MAC X2316 Workplace Inspectors Tom Vendrasco (M) 623-3379 Brigitta Harris (M) 623-3379 Clerks—2nd Floor-MAC X2113 Corporate Services— 1St Floor-MAC X2211 Secretary Alternate Michelle Chambers 6233379 Gerry Jordan 6233379 Clerk's—2nd Floor-MAC X2106 Corporate Services— 1St Floor MAC X2201 Advisor Franklin Wu — CAO 6233379 CAO's Office—3rd Floor- MAC X2002 Meeting Quorum: 5 Affiliated and 4 Non-Affiliated Members and/or Alternates * Certified Members - Part 1 Effective Date:January 2014 ** Certified Members— WPS (Bold) JAHEALTH&SAFETMommitteeWHSC Members.doc 14-18 ATTACHMENT#3 Corporate Polley Leading the Way POLICY TYPE: Health and Safety POLICY TITLE: Health &Safety Policy Statement POLICY#: H-13 POLICY APPROVED BY: Chief Administrative Officer EFFECTIVE DATE: February 28,2006 REVISED: January 7,2014 APPLICABLE TO: All Employees The Municipality of Clarington is committed to the protection of our employees and property from accidental loss. We believe that this is critical to the success of our business and our goal is zero incidents of injury, illness or damages.We believe an accident free workplace is possible. The Health and Safety of our employees is of the utmost importance in all of our operations, and is a shared responsibility, which must be accepted by everyone in our workplace. A successful safety program and a safe workplace depends on concern and commitment from all personnel. .The responsibility for Health & Safety ultimately rests with senior management, but managers and supervisors at all levels will be held accountable for the safety performance of their employees. However, all employees have the responsibility of working safely and protecting the lives and health of themselves and their fellow workers. Being alert to unsafe conditions or practices, looking out for fellow employees and reminding them when they do something unsafe, as well as reporting unsafe conditions is imperative, if we are to achieve our goal. In support of these beliefs, we must accept our responsibilities to minimize risk and injuries to our fellow workers, the public we proudly serve, and to ourselves. Health & Safety must be in our thoughts 24 hours a day, seven days a week. We must meet, and wherever possible exceed, the requirements of all applicable health and safety legislation/regulation, our own standards and work procedures, along with applicable industry standards. Contractors will be held accountable for all infractions of their workers. Contractors and their workers who do not follow the Health & Safety program of the Municipality of Clarington will be asked to leave the work site. By accepting these responsibilities and through active participation and co-operation we will together achieve our goal for a safe, healthy and productive work environment. Our Health and Safety Program Manual and policies will be subject to annual review. For The Municipality For The Joint Health.&Safety Committee 63A, Franklin Wu, Chief Administrative Officer Mike McCron, N -Affiliated Co-Chair Mar ouceu ,Affiliated Co-Chair 14-19 Attachment #4 TERMS OF REFERENCE FOR THE STRUCTURE&FUNCTION OF A MULTI-WORKPLACE JOINT HEALTH&SAFETY COMMITTEE As Agreed Between THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND CANADIAN UNION OF PUBLIC EMPLOYEES - LOCAL 74 AND CLARINGTON FIRE FIGHTERS ASSOCIATION - LOCAL 3139 IAFF AND THE NON AFFILIATED MEMBERS OF THE CORPORATION Terms of Reference Joint Health &Safety Committee-Revised @ April 10,2006 Revised @: May 5, 2006 [CAO approved changes: A.5.0, B.1.2, B.1.3, 13.5.2, C.1.21 CAO Amendments May 5, 2006 MOL Amendments-September 7,2006-Attachment to Report COD-049-06 Revised November 7, 2006 (MOL) Rev.2.1 Revised February 28, 2007 (MOL) Rev 2.4 Revised April 10, 2007 (MOL) Rev 2.5 MOL Amendments-April l 0,2007-Attachment to COD-012-07 January 2014 Update 1 14-20 r Attachment #4 THIS TERMS OF REFERENCE IS SET OUT IN THE FOLLOWING FORMAT: A. GENERAL TERMS B. JOINT HEALTH & SAFETY COMMITTEE STRUCTURE C. JOINT HEALTH & SAFETY COMMITTEE FUNCTIONS D. JOINT HEALTH & SAFETY COMMITTEE MEETINGS A. GENERAL TERMS A.1.0 Agreement of Parties A.1.l Mutual Agreement This document respecting the Joint Health and Safety Committee Terms of Reference is mutually developed and agreed to by the noted workplace parties and is submitted to the attention of the Minister of Labour for sanction and approval, pursuant to Section 9(3.1) of the Occupational Health and Safety Act. A.1.2 Ministry of Labour-Right to.Withdraw The Minister of Labour reserves the right to withdraw the sanction of this arrangement if deemed appropriate for any reason after consultation with the workplace parties. A.1.3 Collective Agreement-Not Applicable The Joint Health and Safety Committee (JHSC) will not be empowered to amend, alter, subtract from or add to, any of the terms in the Collective Bargaining Agreement(s). A.1.4 Affiliated Workers For the purposes of the Terms of Reference, Affiliated Workers are represented by the Canadian Union of Public Employees, Local 74 (Full Time Inside and Outside Workers); and, the International Association of Fire Fighters, Local 3139 (Full Time Fire Fighters and Fire Prevention.) A.1.5 Non-Affiliated Workers Non Affiliated Workers are all full-time management workers, part-time workers (including seasonal and casual) and volunteer fire fighters. 2 14-21 Attachment #4 A.2.0 Process to Address Concerns A.2.1 All employees will be encouraged to discuss their occupational health and safety concerns with their immediate supervisor. If unresolved, an employee may bring the matter to the attention of a Joint Health &Safety Committee member. A.2.2 If asked to assist in an unresolved matter, a Joint Health &Safety Committee member will ensure the factual basis of all unresolved health and safety concerns with the immediate supervisor responsible for the issue, before bringing it to the attention of the Joint Health &Safety Committee for immediate investigation. A.3.0 Review and Changes to Terms of Reference A.3.1 JHSC Annual Review The Joint Health &Safety Committee-shall review this document, at least annually at a regular meeting; and, may recommend revisions to ensure continued compliance with the Occupational Health and Safety Act and applicable legislation. A.3.2 Substantial Change Reported to Council If a change is considered, the proposed change will be brought to the Local Union and Association for concurrence and to Council for endorsement. The amended Terms of Reference will be forwarded to the Ministry of Labour for approval. Changes to the Terms of Reference must be approved by the Ministry of Labour and changes will not come into effect until written approval has been received from the Ministry of Labour. A.3.3 Posting of Change to Terms of Reference Approved changes made to the Terms of Reference,will be posted in all workplaces noting the change and the revision date. 3 14-22 Attachment #4 B. JOINT HEALTH &SAFETY COMMITTEE STRUCTURE B.1.0 JHSC Membership&Selection 131.1 Representation The Joint Health &Safety Committee will be comprised of 50%workers and 50% management per the Ontario Health &Safety Act, section 9(7). B 1.2 Selection-Worker Representatives The worker representatives will be selected by the Union or Associations who are party to the Terms of Reference. The names of the worker representatives selected will be submitted to the Chief Administrative Officer for addition to the list of members. The selection process of the worker representative will be in accordance with the Local Union/Association Bylaws and Constitutions. The Union/Association will be responsible to nominate or select representatives if there are insufficient volunteers to sit as a JHSC member. B 1.3 Selection-Management Representatives The Chief Administrative Officer will offer the opportunity to the Management employees to participate as members of the JHSC from time to time. Department Heads and Managers are directed by the Chief Administrative Officer to encourage Joint Health &Safety Committee membership and participation in Health and Safety matters. The CAO will appoint Management representatives if there are insufficient volunteers to sit as a JHSC member. B1.4 Number of Members A minimum of 4 members will be required on the Joint Health &Safety Committee. It is recommended for broad representation, that the JHSC will be composed of 1 member from the Municipal Administration Centre, 1 member from Community Services Department (facilities), 1 member from Emergency and Fire Services Department, and, 1 member from the Operations Department, as well as alternates. There will be no maximum restriction for members or alternates. 4 14-23 Attachment #4 B.1.5 Meeting Attendance Members are encouraged to attend all JHSC on a regular basis. If however, a member is unable to attend the regularly scheduled meeting, the member shall make every effort to ensure an alternate will be in attendance and advise the co-chairs. Alternate members are entitled to attend all meetings of the JHSC. B.1.6 Posting of Names Names,work locations, and telephone extension numbers of Joint Health &Safety Committee members will be posted on the Health &Safety bulleting boards. Staff assigned to field locations will access JH&SC Boards within their Department or reporting location to which they are assigned. 13.2.0 Chief Administrative Officer B.2.1 The Chief Administrative Officer is recognized by the Joint Health &Safety Committee as an advisor to the JHSC. Advice and direction may be sought by the JHSC, from the Office of the CAO, and the Chief Administrative Officer is invited to attend all Joint Health and Safety Committee meetings as an observer or for purposes of providing direction and guidance. B.3.0 Departmental Training B.3.1 Departmental Health &Safety Training, and training related to safe use of equipment will be the responsibility of the Department. B.3.2 Departments will submit their training program annually to the JHSC. Department training program specifics may be reviewed by the JHSC upon request by the Department involved. 13.5.0 Training of JHSC Members B.5.1 Roles & Responsibilities-Traininq The Co-chairs) of the Joint Health &Safety Committee will review with all new JHSC members, their roles &responsibilities. This will be done at a regular JHSC meeting, or on an individual basis as appropriate. 5 14-24 Attachment #4 B.5.2 Certification of JHSC Members The JHSC will ensure that at least two.sitting representatives of the Worker Member-group and the Non-Affiliated group are certified. Every effort will be made to ensure there will be a certified member representing workplaces from Emergency and Fire Services, Operations Department, Community Services (Facilities) and the Municipal Administration Centre. C. JOINT HEALTH &SAFETY COMMITTEE FUNCTIONS C.1.0 JHSC Mandate C.1.1 In accordance with the spirit and intent of the Occupational Health and Safety Act, the functions of the Joint Health &Safety Committee shall be: (a) Workplace H &S Matters: to identify, evaluate and recommend resolutions of all matters including dangers or hazards pertaining to health and safety of the worker in the workplace; to the employer through the Chief Administrative Officer or designate. (b) Recommendations and Monitoring: to make recommendations to the employer and workers for the improvement of Health and Safety of all workers; and, to establish and maintain monitoring of programs and procedures respecting the Health and Safety of all workers. (c) Obtain Information- Hazards: to obtain from the employer,information regarding the identification of any potential or existing hazards in the workplace; and, to obtain experience and work practices and information related to hazards (d) Obtain Information-Testing: to obtain information from the employer regarding the conducting and/or testing of any equipment, machinery or similar in the workplace for the purposes of Health and Safety; and, to be consulted about, and to have a designated member representing workers be present at the beginning of all testing for the purposes of ensuring valid testing procedures are used and testing is valid. (e) Education &Training: to encourage education and training programs in order that all employees, including JHSC members, are knowledgeable in their rights, restrictions, responsibilities and duties under the Occupational Health and Safety Act. (f) Regulations: to make recommendations on matters related to the OHSA and all relevant Regulations, including WHMIS and Designated Substances where applicable, and reports related to health and safety. 6 14-25 Attachment #4 C.1.2 Recommendations to Employer by Worker Representative or JHSC The JHSC and/or a Health &Safety Worker Representative may make recommendations to the Employer (CAO or Designate) for the purpose of making positive and lasting changes relating to health and safety matters in the workplace. Any active member of the JHSC or the JHSC as a Whole with the endorsement of either of the Co-chairs may submit the above recommendations to the Employer. Any employee may also submit recommendations through any member of the JHSC. Recommendations should be submitted in writing with all supporting information pertaining to the recommendation (ie studies, investigations etc). Recommendations should be submitted to the Employer as soon as reasonably possible. C.1.3 Right to Refuse Unsafe Work A worker may refuse to work or do particular work where he or she has reason to believe that; a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger the worker or another worker; or, b) the physical condition of the workplace or part thereof in which the worker is likely to endanger himself or herself; bl) workplace violence is likely to endanger himself or herself or, C) any equipment, machine, device or thing the worker is to use or operate or the physical condition of the workplace or the part of the workplace in which the worker works, is in contravention of the Act or regulations and such contravention is likely to endanger the worker or another worker. In such an event, the worker will report the refusal to work to the appropriate supervisor who will immediately investigate the report in the presence of the refusing worker and if there is such in the presence of: • JH&SC member representing the worker • Health &Safety Coordinator • A worker who has knowledge, training and experience selected by the appropriate union or association. • Following the investigation, in the event the worker has reasonable grounds to believe the unsafe condition is unresolved or still exists continuing to endanger the worker or another worker, the employer will contact a Ministry Inspector to investigate. • The worker will remain in a safe place within the vicinity of the workstation during the investigation(s). 7 14-26 Attachment #4 • Both the worker and the supervisor will adhere to the regulations of the Occupational Health and Safety Act; Section 43. C.2.0 Workplace Inspections C.2.1 Inspection Schedule The Worker Representative shall develop an inspection schedule and designate worker members to complete physical inspections of the workplace. Buildings that are not regularly used by workers, or where it is not practical to inspect the entire workplace monthly, must have at least part of this workplace inspected monthly,with an entire workplace inspection at least annually. C.2.2 Inspections of Workplace by Worker Representatives In accordance with the Occupational Health &Safety Act obligations,inspections will be conducted by Worker Representatives. Workers shall designate workers inspectors who are trained to inspect the physical conditions of the workplace(s) at least once a month in accordance with a schedule established by the Joint Health &Safety Committee. Where and when possible, a management person shall accompany the worker member. C.2.3 Inspection Records/Forms All occupational health and safety concerns raised during the physical inspection will be recorded on an appropriate prevailing workplace inspection form or logs maintained in the workplace, and copied or notice provided to the Management (Department Head or designate). If possible, identified concerns will be corrected during the inspection. Dangerous or Hazardous concerns will be immediately identified to the responsible supervisor for correction within a reasonable period. Recommendations will be addressed by the employer within twenty- one (21) days of posting the Inspection Record/Form. Inspection forms will be signed by member(s) performing the inspection. The worksheets will then be reviewed by the Joint Health & Safety Committee at regular meetings. C.2.6 Outstanding Items Outstanding items, deemed by the Joint Health &Safety Committee to be significant will remain on the outstanding list, and the status will be reviewed monthly at regular meetings until resolved. 8 14-27 Attachment #4 C.2.7 Time Permitted to Conduct Inspections Joint Health &Safety Committee members shall be entitled to one (1) hour (plus reasonable travel time) or such longer period of time as the Joint Health &Safety Committee determines is necessary to conduct workplace inspections. C.3.0 Accident Investigations C.3.1 Definitions Accident An event that results in an injury to an employee Incident An event that results in injury to.people and/or property damage to the environment, equipment, property and/or material Near Miss An event that under different circumstances could have resulted in harm to an individual or damage to the environment, equipment, property and/or material. Property Damage Damage to property is an unsafe or hazardous transfer of energy that did not result in serious consequences to employee health and safety, but did result in damage to property. Critical Injury An Injury of a serious nature that: a) Places life in jeopardy; b) Produces unconsciousness; C) Results in substantial loss of blood; d) Involves the fracture of a leg, or arm, but not a finger or toe; e) Involves the amputation of a leg, arm, hand or foot, but not a finger or toe; f) Consists of burns to a major portion of the body; or, g) Causes the loss of sight in an eye. 9 14-28 Attachment #4 C.3.2 Criticallniuries Critical Injuries will be immediately reported to • The Supervisor, Manager, Department Head or designate • The Health and Safety Coordinator • JH&SC Co-Chairs • Human Resources • The Union if applicable The Department Head will contact the Ministry of Labour-. Except for the purpose of saving life or relieving human suffering; maintaining an essential public utility service; or public transportation system; or preventing unnecessary damage to equipment or other property, the scene of a Critical Injury will not be disturbed for the purposes of investigation until permission to do so has been given by the Ministry of Labour. C.3.3 Accident Notice to Co-Chairs and Health &Safety Coordinator The Co-Chairs will be advised of workplace accidents and assign member(s) who are trained, to investigate and fill in appropriate documents. The Health &Safety Coordinator will be advised of all accidents, and will accompany,whenever possible, members assigned to investigate. A worker representative from the Fire Association may assist in investigation of fire incidents/accidents if investigation is required. C.3.4 Reporting of Near Miss Accidents/Incidents All near misses must be reported on an incident report. The Co-Chairs and the Health &Safety Coordinator must be notified of all near misses within 24 hours of the incident. Near misses may be investigated by the Co-Chair, or trained members of the Joint Health &Safety Committee, and the Health &Safety Coordinator. C.3.5 Reporting Accidents, Incidents and Critical injury All accidents or incidents as defined herein, must be reported to the Department Head, the Joint Health and Safety Co-Chairs within 24 hours of the accident. 10 14-29 Attachment #4 C.4.0 Review of Training Schedule& Objectives CAI The JHSC will review as part of its normal business;the Corporate training schedule proposed for the current year. The training schedule will be developed by the Health &Safety Coordinator The JHSC may make recommendations for inclusion of certain training opportunities, in the annual training schedule. C.5.0 Review of Iniury Statistics C.5.1 The Joint Health &Safety Committee will review as part of its normal business, regular updates of current injury statistics, prepared by the Corporation. The JHSC may make recommendations or comments to the Department where the injury occurred, to assist in preventing future injury or incidents. C.6.0 New Equipment- Review C.6.1 The Joint Health &Safety Committee, upon request by any Department,will review Health & Safety material related to the use and care of new equipment which is unfamiliar to the Department. The Co-Chairs, Corporate Health &Safety Coordinator, and if appropriate, a representative from the Purchasing Division, will be invited to pre-inspections and/or staff training for new or unfamiliar equipment. The Co-Chairs, Health &Safety Coordinator, and Purchasing may request a review of new or unfamiliar equipment, and the responding Department will provide at a mutually agreeable time. D. JOINT HEALTH & SAFETY COMMITTEE MEETINGS D.T.0 Schedule of Meetings The Co-Chairs will jointly create a schedule of meetings to be held during the year; at a minimum of once every three months. The schedule will be circulated to all members. The schedule will form part of the recorded minutes of the JHSC. 11 14-30 Attachment #4 D.2.0 Quorum The Joint Health &Safety Committee shall have a quorum of (50%+1) members or alternates present in order to conduct business. The additional one (1) must be from the worker representative. One (1) Co-chairperson must be present in order to conduct business and chair the meeting. D.3.0 Voting Voting by JH&SC Members will be limited to equal numbers of either worker or management members present. D.4.0 Agenda & Items Considered D.4.1 Agenda The Co-chairperson will jointly prepare an agenda and forward a copy of the agenda to all Joint Health &Safety Committee members if possible at least one (1) week in advance of the meeting. D.4.2 Issues/Items to be Considered The Joint Health &Safety Committee may only consider such occupational health and safety issues as have been listed on the agenda or have been agreed upon in advance by the two (2) Co-chairpersons. D.4.3 Resource Speakers In addition to the C.A.O., resource persons or speakers may be invited by the co-chairs to attend a JHSC meeting where an agenda or unresolved item requires additional expertise or comment. D.4.4 Resolutions for Recommendations Normal business items raised from the agenda in meetings will be dealt with on the basis of an informal consensus vote. Recommendations from the Joint Health &Safety Committee, and matters deemed by the JHSC to warrant being recorded in the minutes will be put forward as a recorded motion which will be voted on by the JHSC and approved on the basis of majority. D.4.5 Unresolved / Outstanding Items from Agenda or Meetinq Unresolved or outstanding items will be reported in the minutes and will be placed on the agenda for the next meeting. Items that remain unresolved after the third meeting discussion will be referred to the Co-Chairs and Health &Safety Coordinator for review and a recommended resolution to the JHSC. 12 14-31 Attachment #4 D.4.6 Posting of Minutes Following the meeting, draft minutes will be circulated to all members of the JHSC for review;to be approved at the next subsequent meeting of the JHSC. Following approval of the minutes, the minutes will be posted on the JHSC bulletin board and corporate intranet. D.5.0 Length of Meetinq Monthly Joint Health & Safety Committee meetings should not exceed 2 hours in length (plus reasonable travel time) unless an urgent matter is being.discussed, or as agreed by a majority of the members present at the JHSC meeting, or if 24 hours notice is provided in advance of the meeting. Remaining agenda items should be deferred to the next meeting. D.6.0 Entitlement of Members D.6.1 Compensation All time spent in attendance at Joint Health &Safety Committee meetings or activities in relation to the function of the Joint Health &Safety Committee will be paid for at the members' appropriate rate of pay for performing work, in accordance with the Act, and the time spent is to be considered as time at work. Where employees are required to use their personal vehicles for inspections purposes, the employee will be compensated at the current rate paid for mileage. D.6.2 Time for Preparation JHSC members shall be entitled to one (1) hour or such longer period of time as the Joint Health & Safety Committee determines is necessary to prepare for each Joint Health &Safety Committee meeting. 13 14-32 i Appendix Attachments Appendix A-Workplace Sites with estimated number of employees effective signing date. Appendix B-Workplace Locations for School Crossing Guards effective signing date. Both Appendices are provided for the purposes of providing required information and are subject to change at the direction and approval of Municipal Council. These Terms of Reference are endorsed by signatures: Signed at Clarington Ont., this day of 20_. FOR THE EMPLOYER FOR THE WORKERS (Non-affiliated) Franklin Wu, CAO President, CUPE Local 74 Co-Chair- Management P esi e Cla in n Fire Fighters Assoc! ion, Local 3139 D Co- pair-W rkers 14 14-33 Attachment #4 Appendix A-Workplace Sites Location Address Employees Department Function Animal Services 33 Lake Road, 7 Clerks Department Animal Control and Bowmanville Shelter Bowmanville Indoor 2375 Baseline Road 8 Community Services Recreation Facility Soccer Bowmanville Department Indoor Soccer Bowmanville 1330 Haines Street 1 Operations Cemetery Operations Cemetery Bowmanville Department Caarington Fitness 49 Liberty Street N 25 Community Services Recreation Facility Centre Bowmanville Department Indoor Pool Courtice Community 2950 Courtice Road N. 50 Community Services Recreation Facility Complex Courtice Department Indoor Pool & Fitness Ctr Darlington Sports 2276 Taunton Road 8 Community Services Recreation Facility Complex Hampton Dept. Seasonal Indoor Arena Fire Station 1 (HQ) 2430 King Street West 45 Emergency and Fire Fire Station and Bowmanville 25 volunteer Services Department Administration Fire Station 2 247 King Street East 25 volunteer Emergency and Fire Fire Station Newcastle Services Department Volunteer Fire Station 3 5708 Main Street 25 volunteer Emergency and Fire Fire Station Orono Services Department Volunteer Fire Station 4 2611 Trulls Road 20 Emergency and Fire Fire Station Courtice 25 volunteer Services Department Fire Station 5 2354 Concession Road 8 25 volunteer Emergency and Fire Fire Station Enniskillen Services Department Volunteer Garnet B. Rickard 2440 King Street West 40 Community Services Indoor Arenas and Recreation Complex Bowmanville Department Community Hall Hampton 2320 Taunton Road 30 Operations Roads, Parks and Fleet Operations Ctr Hampton Department Services Operations and Administration Municipal 40 Temperance Street 144 Main Administrative Administrative Bowmanville Offices Centre Newcastle & District 1780 Rudelle Road 40 Community Services Indoor Aquatics and Recreation Complex Newcastle Community Halls Orono Operations Taunton Road 9 Operations Roads and Parks Centre Orono Department O erations Orono Park Outdoor 61 Princess Street 12 Community Services Outdoor Aquatics Pool Orono Dept. Seasonal South Courtice 1595 Prestonvale Road 40 Community Services Indoor Arenas and Arena Courtice Depart ent Community Halls Tourist Information 181 Liberty Street South 2 Corporate Services Tourist Information and Centre Bowmanville Depart ent Reception Yard 42 2178 Regional Road 42 14 Operations Roads and Parks Bowmanville Department Operations Maintenance Lake Road 2 Operations Building Maintenance Building Bowmanville Depart ent Part time Staff Various Locations 79 Community Services Program Staff 15 14-34 Attachment #4 Terms of Reference for the Structure of a Multi-Workplace Joint Health & Safety Committee Appendix B -Workplace Locations —Crossing Guards Location School Served Corner of Mearns Avenue at Appleblossom Blvd., John M. James Public School B'ville (697-7817) (fax: 623-7341) Corner of Mearns Avenue at Soper Creek Dr., B'ville Vincent Massey Public (623-5502) Corner of King Street at Simpson Avenue, B'ville Vincent Massey Public School (623-5502) Liberty Street (14) at Church Street, B'ville Vincent Massey Public School (623-5502) (REC'D FLASHING SIGN) Liberty Street at IPS for Bowmanville High School Duke of Cambridge French Immersion (623-5437) Corner of Longworth Avenue at Brooking Street, Harold Longworth Public School B'ville (623-3682) Liberty Street (14) at Longworth Avenue, B'ville St. Elizabeth Separate School (697-9155) Longworth Avenue and Scugog Street St. Elizabeth Sep. School (697-9155) Longworth Avenue at Clayton Crescent, B'ville St. Elizabeth Sep. School (697-9155) (REC'D FLASHING SIGN) Corner of Bons Avenue/Scugog Road, B'ville Charles Bowman Public School (697-1777) Bons Avenue/Wyse Crt., B'ville Charles Bowman Public School (697-1777) Waverley Road, north of Rhonda Blvd., B'ville Waverly Public School (623-4323) Tunnel under Hwy. 57 Waverley Public School (623-4323) West Side Drive, south of Bottrell Street/ Bannister Dr. Ross Tilley Public School Street, 623-3841) Aspen Springs Drive /West Side Drive, B'ville Holy Family Sep. Sch. / Dr. Ross Tilley Pub. Sch. (AM/PM only) (623-6255) Holy Family Mill Street (17) at Robert Street, Newcastle Newcastle Public School (987-4262) 16 14-35 Attachment #4 King Avenue East at Harmer Walkway, Newcastle Newcastle Public School (987-4262) (REC'D FLASHING SIGN) Edward Street at Glass Crt., Newcastle Newcastle Public School (987-4262) Edward Street south of Rudell Road, Newcastle St. Francis of Assissi Separate Public School (987-4797) Prestonvale Road at Claret Road, Courtice Dr. Emily Stowe Public (433-8747) (REC'D FLASHING SIGN) Robert Adams Drive at Whittaker, walkway, Courtice Dr. Emily Stowe Public (433-8747) (REC'D FLASHING SIGN) Sandringham Drive (in front of Dr. Emily Stowe Dr. Emily Stowe Public Pub.Sch.) (433-8747) Meadowglade Road at Robert Adams Drive, Courtice Dr. G.J. MacGillivray Public (436-2054)(REVD FLASHING SIGN) Regional Rd. 22 (Bloor Street) /Meadowglade Road, Dr. G.J. MacGillivray Public Courtice (433-2054) Nash Road west of Cherryblossom, Courtice S.T. Worden Public School (436-0715) Glenabbey Drive (in front of Mother Teresa Sep. Mother Teresa Separate School), (between Robert Adams Dr. and Auburn (433-5512) Lane), Courtice Nash Road (between Richfield Sq. and Fourth Courtice North Public Street), Courtice (436-2055) Nash Road at Trulls Road, Courtice Courtice North Public School (436-2055) Courtice Road and Nash Road, Courtice Courtice Intermediate High School (French and English) 436-2074) Avondale Drive at Brownstone Crescent, Courtice Lydia Trull Public School (438-9648) Trulls Road south of Sandringham Drive, Courtice Lydia Trull Public School (438-9648) (RECT FLASHING SIGN) Trulls Road at Avondale DriveNorkville Ave., Courtice Good Shepherd Sep. School (404-9868) 17 14-36 G REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 3, 2014 Resolution#: By-law#: Report#: FND-001-14 File#: Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-001-14 be received; and 2. THAT the attached list of applications for cancellation, reduction, apportionments or refund of taxes be approved. Submitted by: �i� /� Reviewed by: Nancy Tayfor, BB PA,CA. Franklin Wu, Director of Finance/Treasurer Chief Administrative Officer NT/JJ/hj l CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 15-1 REPORT NO.: FND-001-14 PAGE 2 1.0 BACKGROUND 1.1 Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001, C25, a list of applications for cancellation, reduction, apportionments or refund of taxes is presented to Committee for its review and approval. 1.2 Section 357(3 & 4) indicates that the Council shall hear and dispose of every application not later than the 30th day of April in the year following the year in respect of which the application is made. The last day for making application for the previous year's tax reduction is the 28th day of February in the following year. 1.3 More specifically, under Section 354, the Treasurer shall r, co mend to Council that outstanding taxes be stricken from the roll. To strike from the roll it must be by reason of a decision under Section 357 or 358, or of a decision of a judge of any court that the taxes are uncollectible. 1.4 An application for a cancellation, reduction or refund may be made for one of the following reasons: • Ceased to be liable to be taxed at rate it was; • real property becomes exempt; • razed by fire, demolition or otherwise; • damaged by fire, demolition or otherwise (substantially unusable) • removal of a mobile unit; • sickness or extreme poverty; • gross or manifest clerical error; and • repairs/renovations preventing normal use of period of 3 months. 1.5 The 357 and the 358 process begins when an application is prepared by either the Regional Assessment Office or the Tax Department. The neighbourhood assessor will perform an on-site inspection of the property. The assessor will verify the reason for the application, the period of time for which the tax relief is claimed, and the amount and type of assessment that is affected. The application is then sent back to the Tax Department where the actual tax adjustment is calculated and the taxpayer's account adjusted. 1.6 Section 356, deals with severances or divisions into parcels. These parcels of land were taxed in blocks in the year(s) prior to severance/consolidation. Taxes are being apportioned to the individual properties which are now severed/consolidated. Therefore, tax amounts are removed from one roll number and applied to another roll number as determined by MPAC. 15-2 REPORT NO.: FND-001-14 PAGE 3 2.0 CONCLUSION 2.1 The total amount of taxes to be written off, for August 13, 2013 to December 31, 2013, as shown in this report total $7,552.01. The total for the 2013 calendar year was $28,525.52. This total represents the Municipality's share only. For comparison, the values of taxes written off under Section 357 and 358 at December 31, 2012 was $121,284.53 for the municipal portion only. The amount for 2012 relates to specific properties that were addressed through Report FND-012-12 in May 2012 for court decisions in unique circumstances and for a contaminated abandoned property and a property conveyed to the Municipality of Clarington. 3.0 CONCURRENCE — not applicable CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development X Maintaining financial stability _ Connecting Clarington _ Promoting green initiatives _ Investing in infrastructure _ Showcasing our community _ Not in conformity with Strategic Plan Staff Contact: Nancy Taylor, B.B.A., C.A., Director of Finance/Treasurer Attachments: Attachment "A" - Write-Off Report August 13 to December 31, 2013 15-3 Write-Off Report 2013 For the Period of-August 13-December 31,2013 j Council 2013 Page 1 Date Person(s)Taxes Adj/WTX Commercial Residential Year Reason Claimed by p Ref.No. Industrial etc Farm Adjusted Applicant Applicant Number Municipal Managed Forest For Municipal ATTACHMENT# `�/j'TO 1 Aug-13 Transportation Ministry WTX0704 (31.74) 2009-2010 Property Became Exempt REPORT {�8# 1 0'001'1 2 Aug-13 The Bowmanville Realty WTX0704 98.90 2011-2012 Substantially Unusable 3 Aug-13 Laskads George WTX0704 156.44 71.93 2012 Fire,Demolition 4 Aug-13 Pullen Leslie Arthur WTX0704 177.87 2012 Ceased to be Taxed at Rate 5 Aug-13 Port of Newcastle WTX0704 (395.40) 2012 Overcharge Clerical Error 6 Aug-13 Transportation Ministry WTX0705 191.88 2013 Property Became Exempt 7 Aug-13 Transportation Ministry WTX0705 28.92 2013 Exempt 8 Aug-13 Sullivan James WTX0705 377.44 2013 Fire,Demolition 9 Sep-13 Jefferson Paul Denis WTX0706/712 468.58 2012-2013 Fire,Demolition 10 Sep-13 Roll Severed to 6 lots WTX0707 0.00 2013 Severance/Consolidation 11 Sep-13 Roll Severed to 6 lots WTX0707 0.00 2012-2013 Severance/Consolidation 12 Sep-13 Municipality of Clarington WTX0708 1,061.73 2011-2012 Exempt 13 Sep-13 Municipality of Clarington WTX0708 163.10 2012 Exempt 14 Oct-13 Roll Severed to 5 lots WTX0709 0.00 2013 Severance/Consolidation 15 Oct-13 Roll Severed to 2 lots WTX0709 0.00 2013 Severance/Consolidation 16 Nov-13 Oegema Edward Peter WTX0711 5.72 2012 Severance 17 Nov-13 Moraru Viorel WTX0711 279.70 2013 Demolition 18 Nov-13 Transportation Ministry WTX0711 103.98 2013 Exempt 19 Nov-13 Transportation Ministry WTX0711 656.85 2013 Exempt 20 Nov-13 Transportation Ministry WTX0711 584.83 2013 Exempt 21 Nov-13 The Participation House WTX0711 1712 3,551.28 2011-2013 Property Became Exempt 22 Dec-13 Roil Severed to 6 lots WTX0713 0.00 2013 Severance/Consolidation 23 Dec-13 Roll Severed to 2 lots WTX0713 0.00 2013 Severance/Consolidation 24 Dec-13 Roll Severed to 7 lots WTX0713 0.00 2013 Severance/Consolidation 25 Dec-13 Roll Severed to 2 lots WTX0713 0.00 2013 Severance/Consolidation 1,502.10 6,049.91 Grand Total To Be Written Off Not Including Minutes of Settlements, or ARB Decisions For the Period of August 13th,2013 to December 31,2013 7,552.01 UNFINISHED BUSINESS ciff*10011 REPORT® PLANNING I ARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 3, 2014 Resolution#: By-law#: Addendum to Report#: PSD-062-13 File#: COPA 2012-0003 and ZBA 2012-0007 Subject: APPLICATIONS FOR AN OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT THE DEVELOPMENT OF A 155 SUITE, 5 STOREY RETIREMENT RESIDENCE AND A 104 UNIT, 9 STOREY SENIORS APARTMENT APPLICANT: THE FORREST GROUP RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-062-13 and Addendum to Report PSD-062-13 be received; 2. THAT 105 Queen Street be designated a 'Class 4 area' in accordance with the Ministry of the Environment's "Environmental Noise Guideline— Stationary and Transportation Sources —Approval and Planning (Publication NPC-300)"; 3. THAT the application to amend the Clarington Official Plan as revised, submitted by the Forrest Group be approved and that Official Plan Amendment No. 95 in Attachment 1 be adopted, and the related By-law in Attachment 2, be passed; 4. THAT the Zoning By-law Amendment application as revised, submitted by the Forrest Group be approved subject to provisions for the removal of the Holding (H) prefix, as contained in Attachment 3; 5. THAT once all conditions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, a By-law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; 6. THAT Council deem'the revisions to the applications for Official Plan Amendment and' Zoning By-law Amendment to be minor and not require additional public meeting; 7. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Addendum Report PSD-062-13, Report PSD-062- 13 and Council's decision; and a CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 18-1 ,, ADDENDUM TO REPORT NO.: PSD-062-13 PAGE 2 8. THAT all interested parties listed in Addendum Report PSD-062-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: David J. Vrome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer TW/CP/sn/df 28 January 2014 18°2 ADDENDUM TO REPORT NO.: PSD-062-13 PAGE 3 1. BACKGROUND 1.1 Staff submitted a recommendation report PSD-062-13 (Attachment 4) to the General Purpose and Administration Committee on October 28, 2013. The report recommended the approval of Phase 1 of the project only. It recommended that Phase 2 should be considered after the Ministry of Environment has granted Environmental Compliance Approval to abatement works at the Veyance Plant and future studies on noise, odour, and dust are undertaken and that any non-trivial impacts are integrated at the source. 1.2 Chris Bobyk, agent for the Forrest Group, requested the General Purpose and Administration Committee defer making a decision on the proposed application until November 25, 2013. The extended deadline was requested to provide time for discussions with staff for consideration of approvals for both Phase I and 2. 1.3 After the October 28, 2013 General Purpose and Administrative Committee meeting, Staff and the applicant learned that the Ministry of the Environment had replaced four existing noise-related guidelines with "Environmental Noise Guideline — Stationary and Transportation Sources —Approval and Planning (Publication NPC-300)" on October 21, 2013. Staff and the applicant agreed that additional time would be needed to review the new guideline and determine if it could be utilized in the assessment of the proposal. Staff attended a training session on the new guidelines following which it was agreed with the applicant, that an updated Noise Study would be appropriate to address the NPC-300 Guidelines. To provide time for its completion, the applicant requested the addendum report be scheduled for February 3, 2014. The updated Noise Report was received on January 14, 2014. 1.4 To address staff concerns with potential dust and odour emissions, SENES Consultants, on behalf of the applicant submitted a memo on December 12, 2013. The applicant also submitted a revised concept plan which provides a greater separation distance between the Phase 2 building and Veyance Technologies than what was previously proposed. The revised concept and additional emission details were provided to RWDI for peer review. Their comments were received on January 9, 2014. 2. DISCUSSION 2.1 The applicant submitted a revised concept plan which provides an increase in the separation distance between Phase 2 and Veyance Technologies. Previously Phase 2 was set back approximately 32 metres from the closest point at Veyance Technologies, now there is a 50 metre separation distance. The Ministry of the Environment D-6 Guideline "Compatibility Between Industrial Facilities and Sensitive Land Uses" recommends a minimum separation distance of 70 metres, which can be reduced provided there are mitigation measures that can be established based on an evaluation of the industrial processes and the potential for offsite impacts on the proposed land use. 2.2 In order to achieve the increased separation distance between Phase 2 and Veyance Technologies, while maintaining 104 units, the applicant increased the height of Phase 18-3 ADDENDUM TO REPORT NO.: PSD-062-13 PAGE 4 2 from 7 to 9 storeys. Due to the increase in height, staff requested an updated shadow study. The shadow from the revised Phase 2 will extend further west into the valleylands, in the morning during the spring and fall equinox. In the early evening, there will be shadows cast in the rear yard of the properties on the south side of Queen Street between Queen Avenue and the entrance of Veyance Technologies. Properties within proximity of the proposal will continue to have sun exposure for the majority of a typical day during the spring, summer and fall. 2.3 Staff provided notice on January 15, 2014 to the interested parties that a recommendation report would be considered by General Purpose and Administration Committee on February 3, 2014. In addition, a second notice was provided on January 28, 2014 advising all interested parties that the application had been revised from 7 to 9 storeys for the Phase 2 building. Figure 1: Revised Concept Plan 2y / A ` v 7S,ssi A�x ;y 3 ;- Bag House 1&2 Batson Residence s �!1` ✓';j��N _ �yP�9is 18-4 ADDENDUM TO REPORT NO.: PSD-062-13 PAGE 5 2.4 Mr. Balson, the owner of the residential property to the south, contracted staff to advise that his initial concerns with the drainage and the projected height of Phase 2 have been addressed by the applicant. He noted that the development will benefit Bowmanville's historical downtown. To maintain appropriate setbacks between the residential properties to the south and west, minimum setbacks based on the proposed concept plan have been added to the proposed Zoning By-law Amendment contained in Attachment 3. 2.5 The Ministry of Environment replaced the following noise-related guidelines with "Environmental Noise Guideline— Stationary and Transportation Sources —Approval and Planning (Publication NPC-300)": • "Publication LU-131 — Noise Assessment Criteria in Land Use Planning" October 1997; • "Noise Assessment Criteria in Land Use Planning: Requirements, Procedures and Implementation" October 1997; • `Publication NPC-205— Sound Level Limits for Stationary Sources in Class 1 and 2 Areas (Urban)" October 1995; and • "Publication NPC-232 — Sound Level Limits for Stationary Sources in Class 3 Areas (Rural)" October 1995. The primary motivation for the creation of Guideline NPC-300 was to eliminate conflicts between LU-131 and NPC-205/232. LU-131 allowed municipalities to approve sound- sensitive land uses, such as a residential proposal with an exceedance of 5dBA over applicable limits for existing stationary sources, such as an industrial facility. NPC- 205/232 did not provide for a similar exceedance which could force an existing stationary source (industrial use) out of compliance with its Certificate of Approval after a residential development is built nearby. There is also a discrepancy with the evening sound level limit for stationary sources impacting a point of reception in a Class 1 environment. The limit in NPC-205 is 47 dBA, whereas in LU-131 the limit is 50 dBA. In resolving this discrepancy, NPC-300 adopts the 50 dBA. Guideline NPC-300 introduces a new category of acoustic environment "Class 4". It has been introduced for land areas geared for redevelopment and Willing in proximity to existing industries. The Class 4 designation is not available to existing residential uses in proximity of an industrial use. Prior to introducing a new land use, a Municipality has the ability to grant an area Class 4 status. If noise mitigation is required, the new "Class 4" acoustic environment provides developers with the opportunity to incorporate mitigation within their buildings instead of relying solely on at source mitigation within the existing industry. The applicant has requested that the subject lands be granted "Class 4" designation. Staff discussed this request with staff at Veyance Technologies and was advised that the industry would have no objections to this approach. Veyance staff indicated that the NPC-300 Noise Guidelines were released after their Environmental Compliance Approval application submission to the Ministry of the Environment. However, they advised that they have subsequently requested Ministry of Environment,to consider the new guidelines during the review of their Environmental Compliance Approval 18-5 ADDENDUM TO REPORT NO.: PSD-062-13 PAGE 6 application. As the creation of the new "Class 4" acoustic environment was intended to address infill scenarios similar to the subject application, it is appropriate to grant the subject property "Class 4" designation. 2.6 The updated Noise Study prepared by Valcoustics Canada Ltd., dated January 10, 2014, was submitted to address: • noise mitigation measures implemented by Veyance Technologies 'since the preparation of the original report and subsequent addendum; • the revised concept plan with an increased setback for Phase 2; and • the new Ministry of the Environment Noise Guidelines (NPC-300). The updated Noise Study discusses results for both the previous and new Ministry of Environment Noise guidelines as it was assumed that the.Environmental Compliance Approval application submitted by Veyance Technologies may be based on the previous guidelines. As noted above, Veyance Technologies staff advised that they have requested that their Environmental Compliance Approval application be assessed based on the new NPC-300 Guideline. Based on a "Class 4" acoustic environment under the NPC-300 guidelines the sound levels for the proposal would comply with the exception of a 2dBA excess for portions of the Phase 2 fagade for non-impulse sources of noise. The Noise Study suggests that Veyance Technologies, through their Environmental Compliance Approval application will be required to implement further noise mitigation to achieve compliance with the Class 1 sound level for the existing residents. Once the noise levels are mitigated for existing residences, the 2 dBA excess for portions of the Phase 2 fagade would also be mitigated based on "Class 4" sound levels. Noise mitigation recommendations with regards to Transportation Noise remains unchanged from the previous study. 2.7 On December 12, 2013, a memo was submitted by SENES Consultants to address the concerns regarding potential dust emissions identified in the October 28, 2013 Planning Services recommendation report. The applicant is concerned with the recommendation, in the original PSD-062-13 report, that the Holding symbol not be removed for Phase I until Veyance Technologies received Environmental Compliance Approval by the Ministry of the Environment. SENES points out that Environmental Compliance Approval review and approval times remain within the 12-18 month timeframe with some extending beyond that. As Environmental Compliance Approval is outside of the control of the applicant, SENES conducted a desktop exercise to calculate particulate emissions. Based on their analysis and assumptions, SENES concluded that the Veyance facility is very likely in compliance with the Ministry of Environment Point of Impingement standard for Total Suspended Particulate Matter at the property line. Staff had pointed out that the previous peer review report dated September 16, 2013 noted that the current standard for carbon black is 25 pg/m3 compared with the 100 pg/m3 used for the calculation of Total Suspended Particulate matter. SENES responded that the total emissions would not be comprised entirely of carbon black 18-6 ADDENDUM TO REPORT NO.: PSD-062-13 PAGE 7 since the facility uses a number of other formulation components. SENES advised they assumed that if 50% of the emissions were comprised of carbon black, the concentration would be 23 pg/m3, which would comply with the current standard. The correspondence provided by SENES was sent for peer review by RWDI. The response from,RWDI indicated that there were a number of assumptions made by SENES in order to calculate emissions from Veyance Technologies. RWDI had no significant concerns with SENES calculation that Total Suspended Particulate Matter would be within 57% of Schedule 2 standard Ontario Regulation 419/05. In regards to carbon black, SENES calculated the impacts to be within 92% of the Schedule 2 standard (Ontario Regulation 419/05). RWDI has concerns with this conclusion, particularly with the fact that the estimated impacts are above 90% of the standard. If any assumptions were underestimated there is a potential for the facility to be determined to be out of compliance with the standard. RWDI indicated that there are possible additional sources of information to,confirm the assumptions made by SENES. Unfortunately, the additional sources of information requires cooperation from Veyance with respect to a number of their operative practices. During a meeting with Planning Services staff, Veyance Technologies staff advised that although they were not in a position to share the reports submitted in support of their Environmental Compliance Approval because Ministry of Environment has not reviewed and approved them, their consultants believe they comply with provincial requirements regarding air emissions. As noted above, the timing of an Environmental Compliance Approval for Veyance Technologies is an unknown, however, staff agree with the RWDI conclusions that prior to the development of a sensitive use commencing in proximity to Veyance, the emission levels need to be determined more definitively than the assumptions made by SENES. Although Phase 1 is beyond the 70 metre recommended minimum separation distance, it is well within the 300 metre potential influence area in the D-6 Guideline. It is recommended that the application be approved, as revised with a Holding (H) symbol on both the first and second phase. For development of Phase 1, one of the conditions for lifting of the Holding symbol shall be the completion of an odour and dust study that demonstrates Veyance Technologies complies with Ontario Regulation 419/05 or Veyance Technologies to receive their Environmental Compliance Approval from the Ministry of Environment. Lifting of the Holding symbol for Phase 2 will include the requirement for a noise study to show compliance with the NPC-300 Guideline. 2.8 Taxes payable to the Municipality of Clarington are up to date for the subject property. 3. CONCURRENCE — Not Applicable 4. CONCLUSION 4.1 The revisions to the site plan to increase the Phase 2 building setback to a minimum of 50 metres from the Veyance building and the updated noise and dust studies provide 1 8_7 ADDENDUM TO REPORT NO.: PSD-062-13 PAGE 8 staff with greater confidence that these issues can be resolved as this project moves forward, into detailed design, with each phase. In order to achieve this, it is recommended that Council declare the subject lands as a "Class 4" acoustical environment recognizing that this permits increased noise levels impacts from adjacent industrial operations for this project. 4.2 In consideration of the findings of all supporting studies, comments received from circulated agencies and area residents, and based on review of the proposal, staff recommends that the proposed Clarington Official Plan Amendment as shown on Attachment 1, and Zoning By- law as shown on Attachment 3 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 Staff Contact: Tracey Webster, Senior Planner Attachments: Attachment 1 - Proposed Official Plan Amendment Attachment 2 - Clarington Official Plan Amendment Adopting By- law Attachment 3 - Proposed Zoning By-law Amendment Attachment 4 - PSD-062-13 List of interested parties to be advised of Council's decision: Chris Bobyk Roy Moore George Vella Stephen F. Shine Kerri-Allen Walcer Debbie Alldread Ben Arends Mac Rutherford Ben Edery Sharon Moore Greg Balson Marie Cervenka Mike and Kathy Fagan Debbie Alread Diane McArthur. Libby Racansky Simone Borlase Glenn German Gary and Doreen Carpenter Ian McPhee Christine Patel 18-8 ATTACHMENT 1 TO ADDENDUM REPORT PSD-062-13 AMENDMENT NO. 95 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN i PURPOSE: To amend the Municipality of Clarington Official Plan and Bowmanville East Town Centre Secondary Plan by replacing the "Community Facility" designation with "High Density Residential" and "Environmental Protection Area" designations on the subject property located on the south-west corner of Queen Street and Queen Avenue; and to add a special policy to the "High Density Residential" designation in the Bowmanville East Town Centre Secondary Plan. BASIS: This amendment is based on an application by the Forrest Group. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A "Land Use Downtown: Bowmanville East Town Centre Secondary Plan" as shown on Exhibit "A" to this Amendment; 2. By adding a new Sub-Section 8.5.4 to the High Density Residential Area policies of the Bowmanville East Town Centre Secondary Plan as follows: "Notwithstanding Sections 8.5.1 and 8.5.2, for the lands municipally addressed as 105 Queen Street, the following shall apply: a) Buildings fronting on Queen Street shall have a maximum height of 5 storeys; b) Buildings further than 80 metres from the Queen Street frontage shall have a maximum height of 9 storeys; and c) A maximum density of 186 units per net residential hectare." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 18-9 Exhibit "A", Amendment No. 95 To The Municipality of Clarington Official Plan, Map A Land Use, Eowmanville East Town Centre Secondary Plan 1 I 10� P� HIWN EMUS )1183811 m a D W ! °x a � W o� a W 6 w N � + W Z w tg �o OW IL �� VJ)� '�, •C Q 5 O U>- N 8 ♦'. Q Z Z Z Q B-I 1332115 3211N30 4 ��vJ U Z 3 Z O � QO O a w 1S O p o 3nN3nV H0338 . ~ C $ CY) w �cYIS ,may o ''� cco 'v •N �� o r !d d (� LL. Q.' 00 VZ 0 0°°0 0 ,o° urJ2 0°000°0° 000000 0°0 _ 000 �~ P U J 00 1S �j ° b w�� tQi �yjc1 c� o 0o O wz a �O �i ) d 00000 i;i;!i! r!!.. ♦ �0 Q Z Z F �� �'` ��S 000° f"I;"•'•:! ..�i, L a O U _U yew O fr- o* `!!` I!ill�llrl!` Z U w a- o ♦.: Eif'0 0o d 00000 .!.!i!!.!��I 0000 ,�,1 00000 .;:!!t!;� : 000°0°0° ��S �`i . 00°; !'!!! iii{ o°o°o°o°o°o° 00°000 + '�.;'• '141!I`�'11'•!!! /';i '010 000000 �i 000000 00000 0000000 ♦;i 00000 0000000 .:: ..' i' 00000 ?G 0000000 +++ :+; ••••• 0000°0° � o°o o°o°o°o°o° o°o�+ ! •. 00000 000000 000 o°o°o°o° o°o°o°o°° /000000 • 133211S 00Jf10S ---� 000 0000000000000 00°0° r) 000000000000 0 ♦ C J J W Q Q 0°0°0° 0 0 000 toQ < N o�L w I w X!n N X� W ♦ 1210 3nV 3103 s w� O M EBB Hfffl 3 !j'III 00 �1= 3fnN3nV 3NI211S 11�5� 0°000 y r �� ¢ z��- �2 3nN3nV 311111 ��a E L� w Z Z U oa 00 0 I LO Z o OL!Vn31e VONOHtJ E LID I( 11 18-10 ATTACHMENT2 TO ADDENDUM REPORT PSD-062-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2014- being a By-law to adopt Amendment No. 95 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the development of a 155 suite, 5 storey retirement residence; and a 104 unit, 9 storey seniors apartment building; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amerdment No. 95 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By71aw shall come into force and take effect on the date of the passing hereof. BY-LAW passed in open session this 10th day of February, 2014. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 18-11 L ATTACHMENT TO ADDENDUM REPORT PSD-062-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2014-. being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2012-0007; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 15.4 SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE FOUR(R4)ZONE"is hereby amended by adding a new Sub-section 15.4.35 as follows: "15.4.35 URBAN RESIDENTIAL EXCEPTION (R4-35)ZONE Notwithstanding Sections 3.10, 3.13 c., 3.16 e.,15.1 a.,15.2 a., 15.2 c., d. i), g., h. and i. those lands zoned R4-35 on the Schedules to this By-law shall be used subject to the following zone regulations: a. Definitions i) Long Term Care Facility: Shall mean a facility regulated through the Ministry of Health and Long Term Care, or any successor, that provides accommodation for people requiring a broad range of-24 hour health care, personal care and support care within a supervised and secured setting and where common facilities for the preparation and consumption of food are provided and common lounges, recreation rooms, medical care facilities and personal services, may also be provided. ii) Retirement Home: Shall mean a residential building premise that provides accommodation in suites primarily for retired persons or couples. Such suites shall not have a stove or range and have separate entrances from a common hall but where common facilities for the preparation and consumption of food are provided, and where common lounges, recreation rooms and medical care facilities may also be provided, iii) Underground Parking Structure: Shall.mean a part of a building which is provided and maintained for the purpose of parking vehicles related to the permitted use of the building, which is generally located below finished grade and may include parking spaces, parking aisles and access ramps. b. Permitted Uses i) Apartment Building ii) Retirement Home iii) Long Term Care Facility c. Regulations i) Density(maximum) 193 units/suites per net ha ii) Yard Requirements a) Front Yard 3.5 metres minimum 6.5 metres maximum b) Interior Side Yard 10 metre minimum 18-12 c) Exterior Side Yard (within 30 metres or less of the front lot line) 5 metre minimum 7 metre maximum d) Exterior Side Yard (greater than 30 metres of the front lot line) 45 metres minimum e) Setback to R4-36 zone 0 metres f) Underground Parking Space Structure 1.0 metre to any property line or 3.0 metres to any EP zone boundary iii) Building Height(maximum) 5 storeys iv) An operating pedestrian entrance to the building will be located in the.north facing building fagade on Queen Street. v) No outdoor amenity area shall be permitted in the required rear or exterior side yard. vi) Dwelling Unit Area(minimum) a) Bachelor Dwelling Unit 33 square metres vii) parking for uses permitted in the R4-35 zone may be provided on lands zoned R4- 36. viii) One loading space shall be provided with a minimum size of 11 metres by 4 metres ix) Any communication equipment other than an antenna must be contained within the building or mechanical penthouse. d. The Holding symbol shall only be removed from the Urban Residential Exception (R4-35) Zone when the following provisions are met: i) A clearance letter has been received to the satisfaction of the Region of Durham from the Ministry of the Environment for Record of Site Condition for a Phase 1 and Phase 2 Environmental Site Assessment; ii) A site plan agreement is executed with the Municipality; and iii) Odour and Dust assessment is completed in accordance with Ontario Regulation 419/05 to the satisfaction of the Municipality of Clarington and Region of Durham or an Environmental Compliance Approval is issued to Veyance Technologies by the Ministry of the Environment. 2, Section 15.4 SPECIAL EXCPEPTIONS—URBAN RESIDENTIAL TYPE FOUR(R4)ZONE"is herby amended.by adding a new Sub-section 15.4.36 as follows: "15.4.35 URBAN RESIDENTIAL EXCEPTION (R4-36)ZONE Notwithstanding Sections 3.10, 3.13 c., 3.16 e.,15.1 a.,15.2 a., c. i), iii),and iv), d. i), g., h. and I., those lands zoned R4-36 on the Schedules to this By-law shall be used for subject to the following zone regulations: a. Definitions I) The definitions of Long Term Care Facility, Retirement.Home and Underground Parking Structure in the Urban Residential Exception (R4-35)Zone apply. b. Permitted Uses I) Apartment Building ii) Retirement Home iii) Long Term Care Facility 18-13 c. Regulations i) Density(maximum) 185 units/suites per net ha ii) Yard Setbacks (minimum) a) East Lot Line 29 metres b) South lot line 31 metres c) To R4-35 zone 0 metres iii) Dwelling Unit Area (minimum) a) Bachelor Dwelling Unit 33 square metres iv) Building Height(maximum) . 9 storeys v) Underground Parking Structure 1.0 metre to any property line or 3.0 metres to any EP zone boundary vi) Parking for uses permitted in the R4-36 zone may be provided on lands zoned R4-35 vii) No outdoor amenity area shall be permitted within 30 metres of the east lot line viii) Loading spaces Nil ix) Any communication equipment other than an antenna must be contained within the building or mechanical penthouse. d. The Holding symbol shall only be removed from the Urban Residential Exception (R4-36) Zone when the following provisions are met: i) A clearance letter has been received to the satisfaction of the Region of Durham from the Ministry of the Environment for Record of Site Condition for a Phase 1 and Phase 2 Environmental Site Assessment; ii) A site plan agreement is executed with the Municipality; iii) Noise mitigation as required to meet applicable Ministry of the Environment Guidelines has been implemented to the satisfaction of the Region of-Durham and/or confirmation of a Legal Agreement between the Owner and Veyance Technologies guaranteeing mitigation measures will be implemented prior to the occupancy of Phase 2 as required to meet applicable Ministry of the Environment Guidelines; and iv) Odour and Dust assessment is completed in accordance with Ontario Regulation 419/05 to the satisfaction of the Municipality of Clarington and Region of Durham or an Environmental Compliance Approval is issued to Veyance Technologies by the Ministry of the Environment. 3. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1)Zone"to"Holding - Urban Residential Exception ((H)R4- 35) "Urban Residential Type One (R1)Zone"to "Holding - Urban Residential Exception ((H)R4- 36)"• and "Urban Residential Type One (R1)Zone"to"Environmental Protection (EP)Zone" as illustrated on the attached Schedule"A"hereto. 4. Schedule"A"attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW passed in open session this 10th day of February 2014. 18-14 This is Schedule "A" to By-law 2014- 9 passed this day of 9 2014 A.D. FT OJT ,y��°ten 'fwv�Vie1'.qLM R N • 0 Zoning Change From TV To"(H)R4-35" ®Zoning Change From TV To"(H)R4-36" Zoning Change From TV To"EP" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk 1 • F� S jRFS� � f C s ' N\GKGiWE � �FET tY 3 ROE f TREWW LANE � � � � o Nc SFr BOWMANVILLE c ZBA 2012-0007 t SCHEDULE 3 dP 18-1'5 ATTACHMENT 4 TO ADDENDUM REPORT PSD-062-13 Ciffft WJ n REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 28, 2013 Resolution#: By-law#: Report#: PSD-062-13 File#: COPA 2012-0003 and ZBA 2012-0007 Subject: APPLICATIONS FOR AN OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT THE DEVELOPMENT OF A 155 SUITE, 5 STOREY RETIREMENT RESIDENCE AND A 104 UNIT, 7 STOREY SENIORS APARTMENT APPLICANT: THE FORREST GROUP RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-062-13 be received; 2. THAT the application to amend the Clarington Official Plan submitted by the Forrest Group be approved in part to allow Phase 1 (155 Suite Retirement Residence) to proceed, that Official Plan Amendment No. 95 (Attachment 1) be adopted, and the related By-law in Attachment 2, be passed; 3. THAT the Zoning By-law Amendment application submitted by the Forrest Group be approved in part, to allow Phase 1 (155 Suite Retirement Residence) to proceed subject to provisions for the removal of the Holding (H) prefix, as contained in Attachment 3; 4. THAT once all conditions contained in the Official Plan and Zoning By-law (Attachment 3) with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; 5. THAT the consideration of the Phase 2 portion of the application be deferred as recommended in Section 11.6 of Report PSD-062-13; 6. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-062-13 and Council' s decision; and 7. THAT all interested parties listed in Report PSD-062-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by// � David J. Crome, MCIP, RPP ` Ff`anklin Wu, Director of Planning Services Chief Administrative Officer TW/CP/df/nl/sn 23 October 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 18-16 REPORT NO.: PSD-062-13 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Forrest Group 1.2 Owner: 2278196 Ontario Inc. 1.3 Proposal: Clarington Official Plan Amendment • Amend Map H2 by changing the population of the East Town Centre Neighbourhood from 3100 to 3575. • Amend Table 9-2 by revising the housing target of the East Town Centre Neighbourhood as follows: i. Increasing the high density units from 225 to 475; and ii. Amend all corresponding totals. • Amend Map "A" Land Use Downtown "Bowmanville East Town Centre Secondary Plan" by deleting the "Community Facility" designation and replacing it with a "High Density Residential" designation at the southwest corner of Queen Street and Queen Avenue. • Adding a new sub-section to the High Density Residential policies of the Bowmanville East Town Centre Secondary Plan that would permit a maximum height of seven storeys and a maximum density of 185 units per net residential hectare, specific to 105 Queen Street. Zoninq By-law Amendment • Appropriate zones to permit the development of a 155 suite, five storey retirement residence and a 104 unit, seven storey seniors apartment building. 1.4 Area: 2.02 ha 1.5 Location: The subject lands are located at 105 Queen Street in Bowmanville. It is located on the southwest corner of Queen Street and Queen Avenue. The site is the former Bowmanville Senior Public School site which was closed in 2007. Figure 1: Former Bowmanville Senior Public School 18-17 REPORT NO.: Pgp.062413 2. BACKGROUND PAGE 3 2.1 On April 2, 2012, the Forrest Group submitted a pplications to amend the Official Plan and Zoning By-law 84.63 to permit the development of a five retirement home and a seven Storey, eve unit seniors apartment �ull�,n5 suite applicant has advised they intend to develop the site in two Retirement Residence. The seniors apartment building w g' The five years, phases beginning with the g ould follow in approximately r 1' 1 r" l y' Y I ,r- r d� I Figure 2: Proposed Concept Plan 18-18 REPORT NO.: PSD-062-13 PAGE 4 2.2 The applications were deemed incomplete at that time of submission because a Land Use Compatibility Assessment had not been submitted and the Noise Attenuation Report was not complete. Digital copies of all submissions, and minor edits to the proposed Official Plan Amendment were also required. The applicant subsequently proposed changes to their proposal in regards to directing stormwater from the site to Bowmanville Creek. This change required the submission of an Environmental Impact Study and Functional Servicing Report to complete the application. All outstanding items were received on December 20, 2012 and the applications were deemed complete on January 9, 2013. The studies submitted in support of the application are summarized in Section 7 of this report. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject site is located within the Bowmanville East Town Centre, on the southwest corner of Queen Street and Queen Avenue, at the southern terminus of Division Street. 3.2 The surrounding uses are as follows: North - Commercial South - A single detached dwelling, Bowmanville Creek and associated valleylands East- Residential and Industrial (Veyance Technologies, formerly Goodyear) West - Residential and Parkland (Rotary Park) S4 - Q J � A 3 ` • A•, ,•�-�R� 3r '� Il i� � • ' IRA 201:2.0007 CO PA 2012 0003 Figure 3: Site Location 18-19 REPORT NO.: PSD-062-13 PAGE 5 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement 4.1.1 The Provincial Policy Statement encourages planning authorities to create healthy liveable and safe communities by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long term needs. 4.1.2 Settlement areas are the focus of growth, intensification and redevelopment. Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while maintaining appropriate levels of public health and safety. 4.1.3 The Housing Policies state that Planning authorities are required to provide for an appropriate range of housing types and densities required to meet the projected requirements of current and future residents of the regional market area. All forms of housing required to meet the social, health and well-being requirements, including special needs requirements are to be permitted and facilitated. 4.1.4 The use of existing infrastructure and public service facilities should be optimized wherever feasible. 4.1.5 Natural heritage features and areas are to be protected for the long term. Development and site alteration shall not be permitted within or adjacent to significant woodlands and valleylands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Development and site alteration in a fish habitat is not permitted except in accordance with provincial and federal requirements. 4.1.6 Planning authorities can implement necessary restrictions on development and site alteration to protect, improve or restore vulnerable surface and ground water, sensitive surface water features and sensitive groundwater features and their hydrologic functions. Stormwater management practices which minimize stormwater volumes and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces are encouraged. 4.1.7 Development shall generally be directed to areas outside of hazardous lands adjacent to rivers which are impacted by flooding and/or erosion hazards. 4.1.8 The applications are consistent with the 2005 Provincial Policy Statement as the proposal provides for residential intensification within the settlement area. The redevelopment of the former school site to accommodate housing for seniors which will meet current and future need of Clarington residents. The development will make use of existing sanitary and water services and is in close proximity to public services such as transit, libraries and other community services. Development will occur outside of the hazard and natural heritage features associated with the Bowmanville Creek. Appropriate measures are included in the proposed Zoning By-law (Attachment 3) to allow the residential use to mix well with the adjacent industrial use, once the appropriate mitigation measures are in place 18-20 REPORT NO.: PSD-062-13 PAGE 6 4.2 Provincial Growth Plan 4.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas. Increasing intensification of the existing built- up area, with a focus on greyfields is encouraged. Concentrating new development in these areas provides a focus for transit and infrastructure investments to support future growth. 4.2.2 Towns are encouraged to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services. 4.2.3 This proposal provides for a mix of land uses within the Built-up Area, therefore, the applications meet the objectives of the Provincial Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The subject lands are within the Regional Centre designation of the Durham Regional Official Plan. Regional Centres are intended to be planned and developed as the main concentrations of urban activities, providing a fully integrated array of institutional, .commercial, major retail, residential, recreational, cultural, entertainment and major office uses. Generally, Regional Centres shall function as places of symbolic and physical interest for the residents, and shall provide identity to the area municipalities within which they are located. An overall, long-term density target of at least 75 residential units per gross hectare and a floor space index of 2.5 shall be supported. The built form should be an appropriate mix of high-rise and mid-rise development. It should be noted that the floor space index requirement is for the entire Regional Centre, not a site specific requirement. The proposed uses conform to the Regional Official Plan policies. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as Town Centre. Within the Bowmanville East Town Centre Secondary Plan the subject lands are designated Community Facility and Environmental Protection Area. The Community Facility designation recognized the Bowmanville Senior Public School. Town Centres are to be developed as the main concentration of urban activity in the community, providing a fully integrated array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. It will function as the focal point of culture, art, entertainment and civic gathering, be places of symbolic and physical interest for residents, and foster a sense of local identity. 18-21 REPORT NO.: PSD-062-13 PAGE 7 A goal of the Bowmanville East Town Centre Secondary Plan is to provide for ongoing redevelopment in the Downtown with emphasis on increased densities, heritage preservation and quality urban design. The maximum height is six storeys and the floor space index shall not exceed 1.5. Urban design policies for Town Centres require buildings sited near the street with direct access to the public sidewalk. Buildings are to be designed to: ® recognize the historic context of the neighbourhood; ® provide main entrances that are visible and directly accessible to the public sidewalk of the main street; ® enhance the built environment with attention to massing, building articulation; architectural detail, the use of local materials and styles; ® provide transitions to lower density; ® provide for adequate light and privacy for existing and proposed developments; and ® minimize shadow and wind impacts. Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. The precise limits of these areas are to be determined in consultation with the Conservation Authority. The property is adjacent the Bowmanville Creek and contains significant valleylands and woodlands. An Environmental Impact Study is to be undertaken for development applications in accordance with the Natural Environment and Resource Management policies of the Official Plan. Queen Street is identified as a Collector Road which is designed to move moderate volumes of traffic over short distances within a particular area of the Municipality. The primary function is to collect and distribute traffic among local roads, collector roads, arterial roads and major traffic generators. The proposal generally conforms to the Clarington Official Plan with the exception of those items which are the subject of the Official Plan Amendment (Attachment 1). 6. ZONING BY-LAW 6.1 Within the Comprehensive Zoning By- law 84-63, as amended, the lands are zoned "Urban Residential Type One (R1)". A Zoning By- law amendment is required in order to implement the proposed development. 18-22 REPORT NO.: PSD-062-13 PAGE 8 7. SUMMARY OF BACKGROUND STUDIES 7.1 Phase II Environmental Site Assessment Terraprobe Inc. conducted an assessment to determine if historical land uses and activities on the adjoining properties may have impacted the soil and ground water quality of the property. The property had previously been used as a school therefore the proposed redevelopment to a residential land use is not considered to be a change to a more sensitive land use under Ontario Regulation 153/04 (O.Reg. 511/09). Water and soil samples were analyzed and itwas determined that there were no contaminant exceedances; therefore no further environmental investigations are required. 7.2 Planning Justification Report MHBC prepared the report and subsequent addendum. The report concluded that the proposal is in the public interest and represents good planning for the following reasons: • The proposed redevelopment conforms to the Growth Plan by contributing to a complete community. The Proposal provides retirement residence space, seniors apartment space and amenity space within a 5 minute walking distance of transit routes, on full municipal services and within an existing Built-up Area. • The proposed redevelopment is consistent with the relevant policies of the Provincial Policy Statement. • The proposal represents the intensification of an underutilized property and will be of a compact form, making efficient use of land and infrastructure in the Town. • Development of this proposal will take advantage of, and enhance the viability of multi-modal transportation available to and proposed for this area, including existing GO Transit bus service, planned future GO Transit train service, and Durham Region Transit. • The proposal represents a density of 185 units per net hectare within an existing Built-up-area and within the designated "Regional Centre" and "Major Open Space Area". Thus the proposal supports not only the Province's intensification goals but also provides for an intensified use within an area designated as a focus for growth in the Durham Region Official Plan. • The proposed modifications to the Official Plan and Zoning By-law allow for a retirement complex use and permit increases in height and density..This increase is intended to accommodate the demand for retirement spaces in the Municipality of Clarington, satisfying a segment of housing that is under-represented from an availability perspective. • The proposal intends to achieve an attractive streetscape with social interaction by framing buildings along the public spaces and directing vehicular and pedestrian activity to those spaces. Furthermore, the proposal has balanced the need for intensification with adjacent neighbourhoods through the arrangement of building heights and step-backs of building massing. • The proposal brings additional residents to downtown Bowmanville, supporting existing retail and commercial services and enhancing the long-term economic viability of the area. 18-23 REPORT NO.: PSD-062-13 PAGE 9 7.3 Shadow Study The Planning Justification Report prepared by MHBC summarized the shadow study prepared by the Forrest Group. MHBC advises that two residential properties to the west will be subject to shadows during the 9 a.m. spring equinox, and a portion of one residential property to the west will be subject to shadows during the 9 a.m. summer solstice. The total increments of potential shadow exposure were found to be acceptable. The report concluded that the proposed development would have minimal shadow impacts as the two residences will continue to have sun exposure for a greater part of a typical day. 7.4 Traffic Impact Study Prepared by Transtech, the Traffic Impact Study found that the incremental site traffic volume generated by the proposed development can be easily accommodated on Queen Street. The unsignalized intersections at Division Street, Queen Avenue and Liberty Street on Queen Street are expected to operate at acceptable levels.. The study recommends that the eastbound advanced green at the signalized intersection at King Street and Scugog Street be increased in time by 4 seconds. This recommendation is related to overall traffic growth, not related to the site. It is recommended that the Region monitor these volumes before implementing traffic signal timing adjustments. 7.5 Functional Servicing Report A Functional Servicing Report was prepared in support of the proposal. Engineering Services and the Central Lake Ontario Conservation Authority identified a number of concerns with the report. The applicants Engineer has since provided a revised site grading plan and a detailed response to the concerns. A revised Functional Servicing Report will be required and reviewed as part of the detailed site plan application submission. 7.6 Environmental Impact Study & Hazard Line Analysis Based on the Hazard Line Analysis, prepared by Terraprobe, the Environmental Impact Study (EIS) prepared by Azumuth Environmental Consulting Inc., concluded that the proposal is situated outside of the hazard lands and have established an appropriate setback. As the report relied on the details from the Functional Servicing Report which requires revision, an addendum to the Environmental Impact Study will be required. Detailed comments will be reviewed with the applicant through the pre-consultation process for a proposed site plan application. The vacant school was identified as suitable habitat for Barn Swallow and Chimney Swift which are both species at risk. The EIS recommended that if demolition of the building is planned after March 2013, the chimney be screened before April and the surfaces be checked again prior to demolition to ensure no new nesting of Barn Swallows or Chimney Swifts has occurred. If nesting has occurred the applicant may require additional approvals from the Ministry of Natural Resources and demolition may be restricted from occurring during the nesting/roosting period from May to September. 18-24 REPORT NO.: PSD-062-13 PAGE 10 7.7 D-6 Guideline Evaluation and Justifying Impact Assessment The Ministry of the Environment D-6 Guideline governs compatibility between Industrial Facilities and Sensitive Land Uses. The retirement home and seniors apartments would be considered sensitive land uses. In support of the application, a Land Use Capability report titled "D-6 Guideline Evaluation" (UEM Inc., November 2012) and an Addendum Letter (May 17, 2013) has been submitted. This report summarizes the Noise and Dust/Odour Assessment reports and relates the findings to the minimum setback requirements as outlined in the D-6 guidelines. The D-6 Guidelines Evaluation and Addendum Letter have been assessed as part of the Peer Review of the Noise and Dust/Odour studies. 7.8 Noise Feasibility Study The subject applications propose a sensitive land use adjacent to an industrial facility (Veyance Technologies, formerly Goodyear). In order to ensure that there are no noise conflicts present, a noise assessment was requested. In support of the application an Environmental Noise Feasibility Study has been submitted (prepared by Valcoustics Canada Ltd., Nov. 2012). The Noise Feasibility Study addresses potential impacts from adjacent roadways (Queen Street) as well as stationary sources (the adjacent Veyance manufacturing facility). A subsequent noise addendum letter (Valcoustics Canada Ltd., May 2, 2013) has also been received, which provides clarification in areas such as implementation of mitigation measures and conditions of approval. Given the complex nature of the Noise Feasibility Study/addendum letter, a Peer Review was conducted (RWDI Air Inc., September 16, 2013). The Peer Reviewer concluded that they generally agree with the Valcoustic recommendations and approach. This includes separate implementation measures, such Site Plan Approval, future Noise Study Updates and Holding Provisions as well as at source mitigation measures for Phase 1 and 2 of the proposal. A few areas of minor disagreement or areas where additional consideration should be taken have been identified by the Peer Reviewer, which are recognized as being a non-issue or have the ability to be clarified as part of the future Noise Assessment(s). 7.9 Land Use Compatibility Assessment (Dust and Odour) Also in support of the application an odour/dust assessment entitled "Land Use Compatibility Assessment" (SENES Consultants Limited, September 2012) was submitted. In addition, a report addendum was also submitted in support of the application (SENES Consultants Limited, April 25, 2013). The reports address potential odour and dust impacts associated with the Veyance facility. The facility manufactures industrial conveyor belts for the mining and petrochemical industry. The belts are manufactured out of rubber, silica,,carbon black, and a number of polymeric additives. The reports conclude that potential impacts on the proposed development, in their opinion, meet the definition of"Trivial' impact. The prevailing wind directions are generally from the southwest through to the north- northwest, which means that in most cases the subject property is located upwind of Veyance Technologies and unlikely to experience effects due to dust and odour emissions. During certain meteorological conditions, there is the potential for the emissions to be blown towards the subject property. 18-25 REPORT NO.: PSD-062-13 PAGE 11 SENES contacted the Ministry of Environment which indicated that there has been some odour complaints related to Veyance Technologies (Goodyear) in the past 5-6 years and there have been historical issues related to baghouse emissions due to process upsets. A major blowout of a carbon black baghouse occurred in August 2002, resulting in 10 complaints to the MOE. Carbon black is an extremely fine, powdery material which disperses readily in air, and is relatively difficult to clean, as it forms a suspension in water which causes it to smear when wiped. Homes impacted by the incident were cleaned professionally and the facility was charged and convicted based on the incident. There have been ongoing odour complaints. Odours are emitted though roof fans, open windows etc. Given the complex nature of the Odour/Dust assessments, a Peer Review was conducted. The Peer Reviewer's final report (RWDI Air Inc., September 16, 2013 recognizes the difficulty of assessing the impacts of Veyance on the subject property where there are no up-to-date Emission Summary and Dispersion Modeling (ESDM). The Peer Reviewer disagrees with the SENES finding that the potential odour/dust conflicts meet the Ministry of Environment's definition of"Trivial", It is apparent that SENES Consultants Limited and RWDI Air Inc. offer different interpretations of the D-6 Guidelines in regards to Phase 1. SENES concludes that because Phase 1 meets the minimum distance separation of 70 metres, separation for a medium category industrial use, that Phase should proceed. RWDI notes that as Phase 1 is within the 300 metre zone of potential influence, odour and dust impacts and Veyance must be objectively evaluated in order to determine the level of impact. The Peer Review report (Attachment 6) offers some recommendations in order to address these issues, including a recommendation that an existing exhaust vent be modified to vent vertically (as opposed to horizontally). A number of mitigation measures are proposed for Phase 1, and the use of a Holding (H) Provision to address the lack of updated EDSM information, that will be submitted as part of Veyance's Environmental Compliance Approval submission, for Phase 2. 8. PUBLIC SUBMISSIONS 8.1 A Public Meeting was held on February 25, 2013. Public Notice was given by mail to each landowner within 120 metres of the subject property and a public meeting notice was installed on the property in the centre of each street frontage. 8.2 At the time of the writing of this report, and during the Public Meeting, the following concerns were indicated: A resident recently moved to the area and was expecting Queen Avenue to be a quiet dead end street. O Two residents expressed concerned with an increase in traffic on Queen Avenue from the proposal and the adequacy of the onsite parking; The owner of the residential property to the south is concerned that the proposed development will add to existing drainage problems; and 18-26 REPORT NO.: PSD-062-13 PAGE 12 ® The height of the development at the south end will appear as nine stories to the existing dwelling to the south. The dwelling is at a lower elevation than the proposed buildings. 8.3 A resident immediately to the west of the development advised Planning staff that they felt the proposed development would blend in with historical Bowmanville and the gardens and landscaped grounds would compliment the area. Additional housing for the aging adult could benefit the downtown businesses as well as providing new jobs. Quiet well mannered residents are always good neighbours. 8.4 During the public meeting a resident expressed an interest in apartments for older adults. She was looking to downsize and was having difficulty locating appropriate accommodations in Clarington. Since the time.of the meeting she advised that she has relocated outside of Clarington. 8.5 The Planning Department has received a number of inquiries from residents interested in rental accommodations. They have expressed concerns with the difficulty of finding such accommodations within the Municipality of Clarington. 8.6 A letter was received in support of the proposal from the owner of 53 King Street West. The letter noted that the project "will bring significant additional, and much-needed, commercial activity to the downtown core and in particular to those commercial properties like ours that are in close proximity to the proposed development." 9. AGENCY COMMENTS 9.1 Veridian Corporation, Enbridge Gas, the Kawartha Pine Ridge District School Board, Rogers Cable, Bell Canada and the Clarington Heritage Committee expressed no concerns with the proposal. Detailed comments relating to the development will be considered in the preparation of a future site plan application. 9:2 The Central Lake Ontario Conservation Authority have no objections to the proposed use, redesignation and rezoning of the property. There are outstanding comments that can be addressed through the detailed design process at the site plan application stage should the requested applications be approved by Council and a site plan application follows. 9.3 The Region of Durham Planning and Economic Development Department advised that the subject lands are designated "Regional Centre" in the Region of Durham Official Plan. This proposal consists of two mid rise (one five storey and one seven storey) buildings with a total overall density of 185 units per hectare. This proposal, including the density and floor space index, generally conforms to the current ROP. The applications have been screened in accordance with the terms of the provincial plan review responsibilities. Potential Site Contamination 18-27 REPORT NO.: PSD-062-13 PAGE 13 A Phase II Environmental Site Assessment submitted in support of the application concluded that there were no exceedances for in-soil and ground water samples. The Region requires that a Record of Site Condition be filed with the Ministry of Environment (MOE). Servicing Municipal services (water supply & sanitary sewers) are available from the existing 300 mm watermain and existing 300 mm sanitary sewer on Queen Street. Plant capacity for Phase 1 of this proposal (retirement residence) is available in the Port Darlington Water Pollution Control Plant. However, sanitary sewer capacity for Phase 2 (seniors apartments) is dependent on the completion and operation of the Port Darlington WPCP expansion. The anticipated commissioning of the plant expansion is Spring 2015. Comments regarding the Functional Servicing Report and Site Servicing Plan will be discussed through the pre-consultation process for the proposed site plan application. Regional Development Charges will be applicable to this proposal and due prior to the issuance of a building permit., Durham Region Transit Durham Region Transit has no additional comments as part of these applications. Conclusion The Region provided a detailed letter on noise, dust, odour and the requirements for approval of the subject application. The letter is contained in Attachment 7. The Region has a number of requirements to be satisfied prior to the lifting of a Holding Symbol if the applications were to proceed. Some of these requirements affect the contents of the Site Plan Agreement, further studies and peer reviews. The Official Plan amendment is considered to have no significant Regional or Provincial concerns and is exempt from Regional approval, provided the issues identified above are addressed to the satisfaction of the Region of Durham.. 10. DEPARTMENTAL COMMENTS 10.1 Clarington Emergency and Fire Services, Clarington Building Division and Clarington Operations had no concerns with the proposed land use. Detailed comments regarding site design will be provided to the applicant for consideration in preparation of a future site plan application. 10.2 Engineering Services The Engineering Services Department advises that all comments regarding stormwater management, grading, and servicing can be addressed, to the satisfaction of the Director of Engineering Services, at the Site Plan approval stage. The applicant must be mindful that an area on site may be required for surface and/or underground storage of stormwater. 18-28 REPORT NO.: PSD-062-13 PAGE 14 The preliminary grading plan prepared by Cole Engineering, dated March 12, 2013 was reviewed and it is satisfactory in terms of providing confirmation that there will not be any grading in the hazard lands. No other grading information has been provided with this submission. Additional information will be required at site plan stage regarding any proposed retaining walls, proposed grading on the rest of the site particularly along the east boundary with the municipality's road allowance, driveway entrance grades, demonstration that all boulevards grade positively to the road allowance and any other details required by the Director of Engineering Services and all subject to the approval of the Director of Engineering Services. The Engineering Services Department has no objection. 10.3 Clarington Heritage Committee The Committee reviewed the revised rendering at their meeting on January 15, 2013. The rendering meets the intent of their resolution dated May 7, 2012 which requested the developer to: • Embrace the principles outlined in the Old Bowmanville Heritage Guidelines; • Incorporate the architectural design features of the existing heritage structures in the downtown core; • Provide a facade with the appearance of a historic institutional building, similar to the original 1890 school house; • Massing of the building facing Queen Street be designed to complement the perceived size of the buildings in the neighbourhood; and • The building be constructed with materials that match the heritage structures along the street and architectural details such as quoins and cornicing 11. DISCUSSION 11.1 The shadow study submitted contained analysis of the Spring Equinox, Summer Solstice and Fall Equinox at 9am, 12pm, 2pm and 4pm. In their Planning Justification Report, MHBC concluded that two residential properties to the west will be subject to shadows during the 9am spring equinox, and a portion of one residential property to the west will be subject to shadows during the 9am summer solstice (see Attachment 4). The total increments of potential shadow exposure were found to be acceptable. The applicant has since provided details for the 6pm Summer Solstice, Spring & Fall Equinox (see Attachment 5). There will be minimal impacts during the Summer on the residential property on the South East corner of Queen Street and Queen Avenue. This property will experience similar impacts in the Spring and Fall as will four properties on the north side of Queen Street, East of Division Street (see Attachment 5). Staff concurs with MHBC that the proposed development would have minimal shadow impacts as the properties will continue to have sun exposure for a greater part of a typical day. 18-29 REPORT NO.: PS®-062-13 PACE 15 11.2 Initially the applicant had proposed a contemporary design for the development that incorporated a retaining wall along Queen Street, preventing direct pedestrian access to the building from the sidewalk. Staff met with the applicant in June 2012 to discuss the comments of the Heritage Committee and the urban design policies of the Municipality. Since that time the concept elevations have been modified (see Figures 4 and 5). The proposed concept .has adopted the portico entrance with arched opening and direct access to Queen Street. The building design has also incorporated, arched windows and conical tower design elements from the original 1890 school house (see Figure 6). 74"i a '� Ufa •n Figure 4: Queen Street Perspective e�f all Wolf vvpp ; SSS �� 111 i �pp P, a1 A �' 4 4y,� F- _ 'ylTj. - ,••I�tttttt!+tttl�i ll'If��Iitii'' t Figure 5: Queen Avenue Perspective 18-30 REPORT NO.: PSD-062-13 PAGE 16 b' R[ ' Figure 6: Original 1890 High School 11.3 It is proposed to rezone the lands associated with the Bowmanville Creek and an appropriate buffer as "Environmental Protection (EP)" through this application. The limits of this area have been determined through the acceptance of the Hazard Line Analysis by Municipality of Clarington and Central Lake Ontario Conservation Authority Staff. The area to be zoned "Environmental Protection (EP)" has been removed from the developable area of the site for the purpose of calculating density and floor space index. The proposed density of 185 units per net residential hectare contained in the proposed Official Plan Amendment (Attachment 1) has been verified. 11.4 The proposed retirement residence has a maximum height of 5 storeys, while the apartments propose to have 7 storeys. As building height is measured from the lowest point of the grade, and the property slopes significantly to the south, the height of the retirement residence on Queen Street will be 4 storeys, while it will be 5 storeys from the south. The apartments will be 6 storeys at the north end and 7 storeys on the valley side. 11.5 There is underground parking proposed for the development with access from Queen Avenue. A total of 86 spaces will be provided for the retirement residence, exceeding the Zoning By-law requirement by 47 spaces. A total of 208 spaces are provided for the apartments. The applicant has not finalized the unit count breakdown for the apartments. However, if it assumed that the proposed 104 unit development is entirely two bedroom units, the total parking provided would exceed the Zoning By-law requirement and the typical request of 0.25 spaces per unit for visitors parking by 52 spaces. Engineering Services are satisfied the traffic proposed from the site can be accommodated on the existing road system. 11.6 The Land Use Compatibility Assessment (Dust and Odour), D-6 Guideline Evaluation, and Noise Study were submitted to address the Ministry of the Environment (MOE) D-6 Guideline "Compatibility Between Industrial Facilities and Sensitive Land Uses". This guideline establishes minimum separation distances between industrial facilities and sensitive uses (residential, institutional, and recreational). The guidelines are intended 18-31 REPORT NO.: PSD-062-13 PAGE 17 to consider emissions including noise, dust and odour generated by an industrial facility in proximity to sensitive uses. The studies were required in recognition of the proximity of the proposed residential development to Veyance Technologies. Based on D-6 Guidelines the studies submitted consider Veyance Technologies as a Class II Industrial Facility, which is a medium scale manufacturing facility with occasional outputs of emissions (noise, odour and dust). Class II facilities have a potential influence area of 300 metres in which adverse impacts may be experienced. Based on MOE studies and historical complaint data, the Guideline recommends a minimum separation distance of 70 metres from such a facility. The distance is to be measured from the required zone setbacks, or actual building whichever is closer. The Phase I retirement residence is approximately 90 metres from Veyance Technologies, while the Phase II seniors apartment is approximately 32 metres. The guidelines recognize that municipalities may want to promote redevelopment projects, infill development and mixed uses in areas where there are established industrial uses, and the minimum distances cannot be achieved. In such cases, the minimum separation distance can be reduced provided there are mitigation measures that can be established based on an evaluation of the industrial processes and the potential for off- site impacts on the proposed land use. i 'w �V E.rhBUSI From 1 Ufr'as Bag Mouse�I� . Figure 7: Location of Bag House Exhaust 18-32 REPORT NO.: PSD-062-13 PAGE 18 . Due to the differing interpretations of the D-6 Guideline by SENES and RWDI as to whether assessment is required for developments within the minimum distance separation (70 metres), or the potential area of influence (300 metres), staff contacted the MOE for clarification. The MOE advised that because the D-6 Guidelines are only `guidelines' and not enforceable that both consultants were correct in their interpretations, and it is up to the Municipality to decide whether to approve a sensitive land uses within the potential area of influence of an existing industrial facility. Both SENES and RWDI have identified that there could be potential impacts from an existing bag house exhaust that vents horizontally, as opposed to vertically. The location of the bag house exhaust is near the closest point of the Veyance facility to the proposed development (see Figure 7). Until an Emission Summary and Dispersion Modelling (ESDM) is completed and approved to the satisfaction of the MOE, the impacts of the stack and the balance of the Veyance facility are unknown in regards to dust and odour. Veyance submitted their Environmental Compliance Approval (ECA) application to MOE on September 30, 2013. MOE advised that any work done by Veyance to reduce emissions (noise, dust and odour) must be identified in their ECA and must be approved by MOE prior to any work being undertaken. The retirement residence (Phase 1) is outside of MOE's minimum separation distance guidelines of 70 metres. Veyance Technologies is currently seeking their Environmental Compliance Approval (ECA), where it is believed that enhancements will be proposed and undertaken to the satisfaction of the MOE. The use of the holding symbol will provide for this process to be completed prior to the construction of the retirement residence. The ECA will provide for an enforceable plan to ensure appropriate mitigation. The consultant's recommendations also provide for additional measures to protect future residents, particularly in the event of an incident. Staff do not support the approval of the apartment units (Phase 2) at this time due to the close proximity to the factory and the exhaust vents. RWDI noted that their concern is heightened due to the close proximity within the 70 m radius. They also noted that presumably MOE is considering the impact of elevated points of impingement but this is not yet known. Furthermore the timeliness of the completion of the approvals process and the timelines for the implementation of the abatement plans are highly variable. They also recommend further odour and dust studies in a similar manner to the noise study updates that were proposed. It may or may not be possible to mitigate the impacts sufficiently. Given this uncertainty, it is premature for the Municipality to provide a land use permission within the 70 metre minimum separation distance. It is recommended that the second phase only be considered: • After the MOE ECA is given and the proposed abatement works are undertaken • Future studies on noise, odour and dust are undertaken after the abatement improvements and that any additional non-trivial impacts are mitigated at the source • A minimum of two years operation of the retirement residence to allow monitoring of noise, odour and dust and possible complaints 18-33 REPORT NO.: PSD-062-13 PAGE 19 11.7 The proposed Official Plan Amendment (Attachment 1) has been modified from the applicant's proposal described in Section 1.3. As Phase 2 is not supported it is not necessary to amend the population and housing targets for the East Town Centre Neighbourhood as the 155 retirement units can be considered as part of the 275 intensification units. The High Density Residential Area policies of the Bowmanville East Town Centre Secondary Plan permit heights up to 6 storeys which will accommodate the proposed retirement home. 11.8 Taxes payable to the Municipality of Clarington are outstanding. The proposed Clarington Official Plan Amendment (Attachment 1), and Zoning By- law (Attachment 3) should not be approved until confirmation that the taxes are up to date have been received. 12. CONCURRENCE — Not Applicable 13. CONCLUSION 13.1 The Provincial Policy Statement promotes redevelopment and a range of mixed uses provided the appropriate levels of public health and safety are maintained. It is Staff's opinion that the proposed development fits well within the historic Bowmanville Town Centre. Staff also recognizes the important role Veyance Technologies (formerly. Goodyear) has held as a long term employer in the community. To ensure both land uses coexist in a safe manner, staff support only proceeding with Phase I at this time, providing that the ECA approvals are in place with the MOE. It is also recognized that the ECA approvals are an important step in ensuring potential impacts'on existing residents continue to be mitigated appropriately. 13.2 In consideration of the findings of all supporting studies, comments received from circulated agencies and area residents, and based on review of the proposal, staff recommends that the proposed Clarington Official Plan Amendment (Attachment 1), and Zoning By- law (Attachment 3) be approved upon confirmation that the taxes of the property are up to date. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Tracey Webster, Senior Planner 18-34 REPORT NO.: PSD-062-13 PAGE 20 Attachments: Attachment 1 - Proposed Official Plan Amendment Attachment 2 - Clarington Official Plan Amendment Adopting By- law Attachment 3 - Proposed Zoning By- law Amendment Attachment 4. - 9am Spring Equinox and Summer Solstice Attachment 5 - 6pm Spring & Fall Equinox and Summer Solstice Attachment 6 - Peer Review Final Report, RWDI Air Inc. Attachment 7 - Regional of Durham Comments List of interested parties to be advised of Council's decision: Chris Bobyk Christine Patel George Vella Roy Moore Kerri-Allen Walcer Stephen F. Shine Ben Arends Debbie Alldread Ben Edery Henry Pope Greg Balson Mac Rutherford Mike and Kathy Fagan Lynn Webb and John King Diane McArthur Sharon Moore Simone Borlase Marie Cervenka Gary and Doreen Carpenter 18-35 ATTACHMENT 1 TO REPORT PSD-062-13 AMENDMENT NO. 95 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan and Bowmanville East Town Centre Secondary Plan by replacing the "Community Facility" designation with "High Density Residential' and "Environmental Protection Area" designations on the subject property located on the south-west corner of Queen Street and Queen Avenue; to add a special policy to the "High Density Residential' designation in the Bowmanville East Town Centre Secondary Plan; and to adjust the population and high density housing target for the East Town Centre Neighbourhood. BASIS: This amendment is based on an application by the Forrest Group. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A "Land Use Downtown: Bowmanville East Town Centre Secondary Plan" as shown on Exhibit"A" to this Amendment; IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 18-36 Exhibit "A", Amendment No. 95 To The Municipality of Clarington Official Plan, Map A Land Use, Bowmanville East Town Centre Secondary Plan Al I T VI 2� LU z .2 k D 0 3 E (cD 0 E z 0 X 7j- 10 LL 4r FF� Cn M V 'io O 06 21 00 z z 1 . 4 0 5 E-) W il Cf �0000 00000 a V&P.,a 000 0 a 07 OD0600 0000000 KQA 0 000 00000 0 00000 0 11 0000 00 90 ' o 0 Do 00 )a 000 °000 0°°0 00 00 0 0000 000 0 Ad, 99 LI 3141 000000000000 )0*000.QQQ0000 0000 000 0 00 L'J 3-10 2, G L01 1, L A- AX His TH,I ea E 0 a) 11�1�EFI F-I 18-37 ATTACHMENT TO REPORT PSD-062-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2013- being a By-law to adopt Amendment No. 95 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the development of a 155 suite, five storey retirement residence; and a 104 unit, seven storey seniors apartment building. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 95 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW passed in open session this xx day of xx, 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 18-38 ATTACHMENT 3 TO REPORT PSD-062-13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2013- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2012-0007; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 15.4 SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is herby amended by adding a new Sub-section 15.4.35 as follows: "15.4.35 URBAN RESIDENTIAL EXCEPTION (R4-35)ZONE Notwithstanding Section 15.1a and 15.2a, 15.2 c and 15.2 g. h. and i, those lands zoned R4-35 on the Schedules to this By-law shall be used for a retirement home subject to the following zone regulations: a. Definitions i) Long Term Care Facility: Shall mean a facility regulated through the Ministry of Health and Long Term Care, or any successor, that provides accommodation for people requiring a broad range of 24 hour health care, personal care and support care within a supervised and secured setting and where common facilities* for the preparation and consumption of food are provided and common lounges, recreation rooms, medical care facilities and personal services, may also be provided. ii) Retirement Home: Shall mean a residential building premise that provides accommodation in suites primarily for retired persons or couples. Such suites shall not have a stove or range and have separate entrances from a common hall but where common facilities for the preparation and consumption of food are provided, and where common lounges, recreation rooms and medical care facilities may also be provided. iii) Underground Parking Structure: Shall mean a part of a building which is provided and maintained for the purpose of parking vehicles related to the permitted use of the building„ which is generally located below finished grade and may include parking spaces, parking aisles and access ramps. b. Permitted Uses i) Retirement Home ii) Long Term Care Facility C. Regulations i) Density(maximum) 80 units per net ha ii) Yard Requirements a) Front Yard 3.5 metres minimum 6.5 metre maximum 18-39 b) Exterior Side Yard (within 30 metres or less of the front lot line) 5 metre minimum 7 metre maximum c) Exterior Side Yard(greater than 30 metres of the front lot line) 45 metres d) Rear Yard (minimum) 75 metres e) Underground Parking Structure 3.0 metres to any property line or EP zone boundary iii) Building Height 5 storeys iv) An entrance to the building shall be located in the north facing building fagade iv) with the exception of a vehicular entrance and staircases any portion of the underground parking structure shall be permitted to a maximum of 0.5 metres above adjacent finished grade. v) No outdoor amenity area shall be permitted in the required rear or exterior side yard The Holding symbol shall only be removed from the Urban Residential Exception (R4-35) Zone when the following provisions are met: i) A clearance letter from the Ministry of the Environment for Record 'of Site Condition for a Phase 1 and Phase 2 Environmental Site Assessment has been received to the satisfaction of the Region of Durham; ii) A site plan agreement is executed with the Municipality; iii) Noise mitigation to the satisfaction of the Region of Durham and completion of a Noise Abatement Action Plan executed between Veyance Technologies and the Ministry of the Environment;and iv) Confirmation of Environmental Compliance Approval of Veyance Technologies by the Ministry of the Environment. 2. Schedule"3"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R4-35)'; and "Urban Residential Type One(R1)Zone"to"Environmental Protection (EP)Zone" as illustrated on the attached Schedule"A"hereto. 3. Schedule"A"attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. BY-LAW passed in open session this day of 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk 18-40 V 1 co T -e a ryo A n ( y\r a J , ti `\ a =._ ;' !?;i-i�rr.r'=:ern' i1r �\`�'. \\�\ \\\�•��\\ � �ts _ I �w1Y� /�//�� � t'yrrr��{r1r��1r•r1�l�(/',ir�,jr:if'°!+•'�F''a.! i1 r..;.r \�\�\`, �] {/j��/V/ sssw � .rFt'cif rtr�fi ijf'!i fit,;�t'r�'r{rn J1li rifr!'f.'!��=t jl !— .; !•. 'n!sf.i/,rr. 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MANAGED I )COMPANIES 650 Woodlawn Road West �a► ►Y Guelph Ontario,Canada ` N1K 188 CONSULTING ENGINEERS &SCIENTISTS Clarington Proposed Official Plan Amendment and Rezoning Municipality of Clarington, Ontario Ii 1 Final Report Peer Review Consulting Services RWDI #1301949 September 16, 2013 SUBMITTED TO: SUBMITTED BY: Tracey Webster Nicole Korba Senior Planner Project Manager TWebster a,clarin. toq n.net Nicole.Korb_Ptwdi.com Municipality of Clarington Mike Lepage, M.Sc.,ACM,CCM Development Review Branch Project Director 40 Temperance Street Mike.Lepaaetu@rwdi.com Bowmanville, ON L4C 3A6 David Cotsman,P.Sng. Air Quality Specialist David.CotsmanCa)iwdi.Com This document Is intended for the sole use of the party to whom It Is addressed and may contain Information that is privileged and/or confidential.If you have received this in error,please notify us Immediately. i O RWDI name and logo are registered trademarks in Canada and the United States of America Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore www,rwdi,com 18-44 � ' . / ` Cie rington-Proposed Official Plan Amendment and Rezoning Peer Review Consulting~~~^~^ RWD1#1301949 September 1o.uO1u CONSULTING RS . SCIENTISTS � TABLE OF CONTENTS 1. INTRODUCTION................................ ........................... ...................... ....................... ....... ..........i |. D-6 GUIDELINE EVALUATION...............................,....... ...................... .....................1 3. ODOUR.............................................................. ...... ................. ....... .............................. 3 4. DUST/CARBON BLACK....................................................................................................................4 6. SITE VISIT..........................................~.......... ............................................................................... 4 $. CONCLUSIONS................................................. ......................... ....... ........ ....... ... ...... ........ ........G 7. RECOMMENDATIONS..................................................................................... ...................................U 7.1 Phase i .........................................................................................................................................8 7.2 Phaoe2......................................................... ...............................................................................8 � Figures 1 |VV�d Figure � obo Q urg Annual mmo Reputation Resources Results Canada USA UK India I China Hong Kong Singapore www.iwdi.com � � ! � ! | � � ' | / � | / / { | 1A-45 | / Clarington-Proposed Ofriclal Plan Amendment and Rezoning Peer Review Consulting Services RWDI 0301 rJ40 r September 16,2013 Page 1 CONSULTING ENGINEERS &SCIEUTISTS 1. INTRODUCTION On April 2, 2012, the Forrest Group submitted a formal application to amend the Municipality of Clarington Official Plan and Zoning By-law 84-63 to permit the development of a 155 suite, 5 storey retirement residence (Phase 1) and a 104 unit, 6 storey senior's apartment building (Phase 2). The development is proposed to be located at 105 Queen Street in Bowmanville, Ontario. The proposed site is the former Bowmanville Senior Public School which has been vacant since 2007. The Durham Regional Official Plan designates the land as Regional Centre, the Clarington Official Plan designates the land as Town Centre and the Bowmanville East Town Centre Secondary Plan designates the land as Community Facility and Environmental Protection Area. Given the land designations, an amendment of the Official Plans and a rezoning of the subject land is required to allow for the development as proposed by the Forrest Group. The Municipality of Clarington, in accordance with Section 23.15.1 e) of Amendment No. 77 to the Clarington Official Plan, gives right to the Municipality to request a peer review of the required studies and reports by a qualified consultant. RWDI AIR Inc. (RWDI) was retained by the Municipality of Clarington to review and comment on the reports included with the application. This report specifically details the review of the four following documents: 1. "D-6 Guideline Evaluation and Justifying Impact Assessment, 105 Queen Street East, Bowmanville, Ontario", dated November 21, 201 , prepared by Urban&Environmental Management Inc. 2. "Addendum to D-6 Guideline Evaluation and Justifying Impact Assessment, 105 Queen Street East, i Bowmanville, Ontario", dated May 17,2013, prepared by Urban&Environmental Management Inc. 3. "Land Use Compatibility Assessment -- GoodyearNeyance Technologies and Proposed Seniors ' i Residence (Former Bowmanville Senior Public School Site)", dated September 13, 2012, prepared by SENES Consultants Limited. 4. Report Addendum to"Land Use Compatibility Assessment—GoodyearNeyance Technologies and Proposed Seniors Residence (Former Bowmanville Senior Public School Site)", dated April 25,2013, prepared by SENES Consultants Limited. This report has been updated based on a teleconference on August 2.2, 2013 and comments received frorn SENES in a memorandum dated August 29, 2013, 2. O-6 GUIDELINE EVALUATION In the November 21, 2012 report, Urban & Environmental Management Inc. (UEM) provides a review of the Ontario Ministry of the Environment's (MOE)"Guideline D-6 Compatibility between Industrial Facilities and Sensitive Land Uses". UEM identified five existing or proposed industrial land uses.within 1000m of the subject property and classified them as either Class I, Class II or Class III industries, as per the subjective definition provided in D-6. For each class, D-6 identifies a representative zone of influence within which noise, odour and/or dust impacts may occur, based on past MOE case studies and complaint history analyses. UEM report shows that 4 out of 5 of the identified industrial uses are well Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore www.rwvdl.corn 18-46 Clarington-Proposed Official Plan Amendment and Rezoning 9 Peer Review Consulting Services RWD101301949 September 16,2013 Page 2 CONSULTING ENGINEERS A SCIENTISTS outside their zones of influence with respect to the subject property. The fifth industrial use, Veyance Technologies, is well within the zone of influence. In addition to defining representative zones of influence, Guideline D-6 also recommends a minimum separation distance for each class of industry. UEM looked closely at the separation distances for Veyance Technologies and concluded that Phase I of the proposed development meets the recommended minimum separation distance of 70m for a Class II industry, but Phase If does not. RWDI concurs with this finding of UEM, but we note that even though Phase I meets the minimum recommended separation distance of D-6, this does not necessarily mean that there Will be no dust Or odour impact. UEM goes on to say that Phase II of the development meets the test of an infill development, for which Guideline D-6 indicates it may not be possible to meet the minimum recommended separation distance. RWDI agrees, but notes that in these cases, D-6 spells out several limitations that should be applied when approving such infills. Among these limitations is a requirement for an "assessment of the types and levels of contaminant discharges being generated by current industrial facilities, including those associated with transportation facilities that serve the industries." UEM refers to Section 4.6 of D-6,which is where the guideline recommends that the proponent undertake studies of odour, dust and noise. UEM indicates the these studies were done. The UEM reports provide a surnmary of the findings of the "Land Use Compatibility Assessment' and addendum prepared by SENES Consultants Limited(SENES). The conclusion of the UEM reports is that Phase 1 of the development can proceed as it meets the rmihimum set back requirements specified in D-6. The report notes that noise mitigation measures proposed by Veyance and required under the Ontario Environmental Protection Act (EPA) can achieve their obligations at existing residences and Phase 1 of the proposed development. For Phase 2, the UEM report recommends an agreement with the proponent to implement mitigative measures and that a provision of a Holding designation be-placed on the zoning until the mitigative l measures are in place and proven to be effective. For both Phase 1 and Phase 2, the May 2013 UEM report notes that the "minor and infrequent nuisance Impacts related to odour and dust would meet the MOE D-series definition of trivial impact" as per the conclusions of the SENES reports, As discussed below, RWDI disagrees with this conclusion, and instead, concludes that further assessment is needed to determine whether the frequency and magnitude of impacts IS sufficiently small to be considered as trivial. Environmental Compliance Approval As noted, the Veyance facility has 2 existing Environmental Compliance Approvals (ECAs)for the facility for 2 of the 3 baghouses. The SENES Studies indicated that the third baghouse has been grandfathered. Under the current regulatory regime, grandfathering is not permitted and this source requires approval for the facility to comply with Section 9 of the Environmental Protection Act. I Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore www.rwdi.com 18-47 Claring ton-Proposed Offlcial Plan Amendment and Rezoning R Peer Review Consulting Services RW DI1 1301949 September 10,2013 ". Page 3 CONSULT114G Er WIRERS Cv SCIENTISTS As discussed later in this report, the potential impacts from Veyance include odour and carbon black. There is currently no published standard or guideline for odour however,the level of 1 OU, at a frequency of exceedence of 0.5% of the time, is the desired level based on MOE guidance to date and this has been adopted in the past by the MOE as a-condition of ECAs for facilities that are known to emit odours. It is RWDI's opinion that a level of 1 OU, exceeded at a frequency of 0.5% of the time or less, is an appropriate test of whether or not the odour can be considered trivial. The current standard(schedule 2)that applies to Veyance for carbon black is 25 pg/m'(1/2 hour average) and in 2020 schedule 3 applies and the standard reduces to 10 pg/m3(24 hour average). The standards for carbon black are based on the soiling properties as described in the SENES report dated September 13, 2012. Here again, RWDI concludes that this standard for carbon black is the appropriate test for triviality. The odour level of 1 OU, at a frequency of 0.5% of the time, and the carbon black standards of 25 and 10 pg/m3 represent objective indicators of whether or not the impacts of (lie facility can be considered trivial, The Veyance facility should be assessed against these objective levels. SENES stated that there may be compliance issues in relation to carbon black once a full assessment is completed. RWDI concurs with this statement. If compliance issues are identified, then an abatement plan will need to be developed and implemented. Any abatement completed at the facility will decrease any potential impacts at the subject property. 3. ODOUR The SENES reports discuss the observed odour impacts at the facility. During field measurements, measurements of 1 to 4 OU were observed converted to a 10-minute average. These odour concentrations are in the range typically described as detection/recognition. It should be noted that although SENES timed their site visits to coincide with favourable wind speeds end directions, odour was detected on each visit. Although not the dominant wind direct, based on a windrose for Cobourg, Ontario, winds blow from the south to southeast(i.e. from Veyance toward the subject property)approximately 4% of the time. The wind rose is attached in Figure 1. Based on a 24-hr operation at Veyance, there is potential that an odour level above 1 OU greater than 0,5% of the time(44 hours per year) is exceeded at the subject property. As described above, the level of 1 OU, not to be exceeded more than 0,5% of the tirne, is the desired level applied by the MOE. In addition, it was observed on the June 28L', 2012 site visit that the odour levels were more noticeable and stronger at the top of a hill in the direction of the subject property(at the school). Therefore, there is potential that the above ground floors of the proposed seniors' residence may experience stronger impacts than those currently observed at nearby residences. There are also infrequent but consistent odour complaints. Complaints typically occur at higher odour concentrations so although there are typically only 1-4 complaints a year, this is not a good indicator of the frequency of odour concentrations above 1 OU,which is, by definition, the detection level of an odour. Reputation Resources Results Canada I USA I UK I India I China I Hone Kong I Singapore www.rwdi.coin 18-48 Clarington-Proposed Official Plan Amendment and Rezoning Peer Review Consulting Services RWDI#1301949 September 10,2013 Page 4 CONSULTING MOWERS F.50E1411ST5 4e DUST / CARBON BLACK As noted in the SENES report, the dust issues related to the facility are due to carbon black. SENES noted visible staining on nearby residences and that there have been historical issues related to carbon black emissions and spills. In the SENES addendum report, a comparison of the potential dust impacts to the MOE dustfall (particulate fallout)ambient air quality criterion of 7 g/m2/30 days. They observed that"the amount of dust on residential properties, discussions with local residents, survey responses , and lack of complaints related to dust deposition in the MOE files, the level of dust deposition currently being experienced appears to be very low and below this criterion". It should be noted, that the MOE's standards for carbon black are significantly more stringent than those for particulate inatter due to the soiling characteristics of carbon black. As described above, the current standard (schedule 2) that applies to Veyance for carbon. black is 25 pg/m3 compared with 100 pg/m3 for Total Suspended Particulate Matter (1/2 hour averages) and in 2020 schedule 3 applies and the standard reduces to 10 lag/m3 for carbon black compared with'120 pg/m3 for Total Suspended Particulate Matter(24 hour averages).SENES concludes that the dustfall criteria are met; however, these criteria are based on total particulate matter and not based on a compound with a significantly higher potential to cause soiling, as demonstrated with the more stringent standard for . carbon black. As observed with odour, there is potential that the higher elevations of the proposed seniors' residence will'experience higher concentrations of carbon black, I The SENES report identified two baghouses relevant to the handling of carbon black at Veyance; the No. 1 mixer baghouse and the preparation area baghouse. SENES expressed sortie concern over the preparation area baghouse because of its proximity to the proposed development and the fact that it discharges horizontally, beside the building, SENES identified a potential for"occasional but significant nuisance effects" and suggested that proper configuration, operation and maintenance of this baghouse were key to minimizing upset emissions. Reconfiguration of the exhaust stack from this baghouse so that it exhausts vertically, above the roof level, was suggested to enhance the dispersion and reduce the potential for impacts from an upset. RWDI concurs with this suggestion, but notes that even that might not be sufficient to mitigate impacts on an adjacent, multistory residential building, It is also unclear whether the baghouse as currently configured or with a vertical discharge would meet the provincial standard for carbon black at the nearest points of impingement. 5. SITE VISIT A site visit was conducted by RWDI personnel on July 22, 2013. Visible impacts of carbon black were not observed at the subject property, The winds were blowing from southeast to northwest. Winds were very low, gusting to around 10km/h. During lulls in the wind, a mild rubber smell was noticeable in the parking lot. There was no noticeable odour to the west of the facility on the school property, or to the east of the ! facility. Reputation Resources Resul)s Canada I USA I UK I India I China I Hong Kong I Singapore www.rWdl.com 18-49 Clarington-Proposed Official Plan Amendment and Rezoning Peer Review Consulting Services RWDI#1301949 September 16,2013 Page G CONSULTING ENGINEERS R SCIENTISTS 6. CONCLUSIONS Based on the history of odour and carbon black complaints and the observation of odours by SENES, UEM's classification of Veyance as a Class II facility under Guideline D-6, with a minimum recommended separation distance of 70m and a potential zone of influence of 300m,seems reasonable. Phase 1 of the i proposed development meets the minimum separation distance of 70m with respect to Veyance, but is well within the 300m zone of influence. Phase 2 of the proposed development does not meet the minimum separation'distance of 70m, but meets the test of an infill,which means that development within the minimum separation distance may be acceptable if certain requirements are met. D-6 recommends that a study of dust and odours be done, and this recommendation applies to both Phase 1 and Phase 2. A study was undertaken by SENES, but RWDI finds the study to be inconclusive in terms of whether the facility would produce levels of odC)Ur or carbon black at the proposed development that can be considered trivial. It is difficult to discuss the impacts of-Veyance on the subject property without Veyance updating their Emission Summary and Dispersion Modelling (ESDM)Report to include all sources onsite, including roof monitor(s), for odour and carbon black. The dispersion modeling would provide an indication of whether the facility meets the test for trivial odour impact and whether it meets the provincial standard for carbon black under normal operating conditions, Veyance has an ongoing history of odour complaints. SENES detected odours around the Veyance facility on every visit to the site, including odours on the subject property during one of the visits. Tile odour levels were found to be 'stronger at higher elevations, which is an undesirable finding for a multi-storey residential building. SENES also indicated that there may be compliance issues with respect to carbon black and raised legitimate concerns with respect to the preparation baghouse, where carbon black is handled and suggested a mitigation option for the baghouse exhaust. Ultimately, SENES concluded that "the potential minor and infrequent nuisance impacts related to dust and odour would meet the definition of a trivial impact". RWDI disagrees with this statement. Until the odour and dust impacts at the site are evaluated in a more objective manner, it cannot be concluded that the nuisance impacts on the.site meet the definition of a trivial impact at either Phase 1 or Phase 2 of the proposed development. Notwithstanding that SENES considered the impacts to be trivial; they proposed certain mitigation measures for Phase 2 of the proposed development. These measures consisted of warning clauses on title or lease, and ensuring the capability to retrofit dust and odour filtering on the central air system, if such measures prove to be necessary. In RWDI's view, these measures are applicable to both Phase 1 and Phase 2 of the proposed development, along with the additional measure of providing air conditioning or central air conditioning to all the units, so that windows and balcony doors can be closed comfortably when an odour event occurs. A further additional measure is that the mitigation suggested by SENES for the preparation baghouse at Veyance(duct the exhaust so that it discharges vertically,above the roof)be implemented. Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore www,rwdi.cotln 18-50 Glarington•Proposed Official Plan Amendment and Rezoning Peer Review Consulting Services RWDII#1301949 September 16,2013 Page 6 CONSULTING ENGINEERS A SCIENTISTS For Phase 2, the level of concern is heightened due to its closer proximity to the Veyance facility, in this case, more objective studies of odour and carbon black than the study conducted by SENES are desirable to confirm whether or not there is a potential for non-trivial impacts and, if so, implement appropriate mitigation measures at Veyance Technologies Ltd. Such studies would be consistent with , the requirements for an infill set out in Guideline D-6. The need for such studies could be fulfilled by Veyance updating their Emission Summary and Dispersion Model (ESDM) report and Environmental Compliance Approval, SENES has contacted the MOE, who confirmed that Veyance is in the process of updating their ESDM and will be required to submit shortly(no specific timeline identified). Under the circumstances, it is likely that the MOE would require both odours and carbon black to be included as contaminants within the assessment, Presumably, the MOE would also ensure that the elevated points of impingement associated with the proposed development be taken into account In the.analysis, to the extent that the i design of the proposed buildings is known. If mitigation is found to be necessary, the MOE process could lead to an abatement plan with a specified schedule for implementation, However, RWDI's experience has been that timelines for completion of approvals processes, and timelines for abatement plans are highly variable and often lengthy. RWDI recommends a similar approach to odour and dust to that recommended for Phase 2 by Valcoustics Canada Ltd,for noise. Valcoustics recommended that Phase 2 be under a Holding provision until a site plan agreement, updated noise report and mitigation agreement between the developer and Veyance Technologies is in place, In the case of odour and dust, the hold could be kept in place until the more objective study mentioned previously is complete and any non-trivial impacts identified by the study are mitigated at the source. As noted in the August 29, 2013 SENES memorandum, Phase 2 is several years from being constructed and this should allow sufficient time for the above assessment and/or Environmental Compliance Approval process to be completed. 7. RECOMMENDATIONS Based on RWDI's review of the relevant studies,the following are recommended, 7.1 Phase 1 Warning clauses on title or lease. • Capability to retrofit dust and odour filtering on the central air system. • Mitigation of the preparation baghouse at Veyance(duct the exhaust so that it discharges vertically, above the roof). 7.2 Phase 2 Same as Phase 1; plus, 8 Completion of an additional study of odours and carbon black, in the manner prescribed by 0. Reg, 419/05 and MOE supporting guidance, assessing carbon black against the Schedule 3 standard, and odours against the MOE guidance of 1.0 OU at a frequency of 0.5%of the time, H Implementation of mitigation measures, if any, required for compliance with these limits, Reputation Resources Results Canada I USA I UK I India I China I Hong Kong I Singapore www.rwdi.coni 18-51 I� I i i f f i r i i 18-52 iJ IANV I- -ENE AIL Iffind Speed(um/s) ProbabiVugj Q�o? 1 Calm 5.3 rr=ry 1-3 43.4 4-6 36.1 7-9 -10.8 10-12 2.7 SE >12 0.7 ' S AnnuaO Winds Direetiona9 Distribution of Winds (B3 owing From) Figure N 1 � Cobourg Automated o.ed Station(1993-2007) � Proposed Official Plan Amendment and Rezoning—Clarington,Ontario Project#1301949 Date: September 13,2013 00 I cn ' w `/41/ October 7, 2013 _ Tracey Webster, Senior Planner Community Planning and Design Branch Municipality of Clarington MUNICIPAL0Y0FCLAPING►ON 40 Temperance Street PLANNING Df PRTMENT ® Bowmanville, Ontario - °- L1 C 3A6 Mrs. Webster: 1'ha Rafiional Municipality Ro: Official Plan Amendment and Rezoning Applications of M11-hare COPA 2012-003 and Z@A 2012-007 (Submission #3) Planning and Economic Applicant: Forrest Group. Development Department Location: 105 Queen Street Planning Division Part of Lot 12, Concession .1, former Bowmanville 605 ROSSLAND RD. E. Municipality: Clarington 4TH FLOOR PO BOX 623 WHITBY ON LiN 6A3 CANADA The Region p reviousl y provided comments on this proposal in our letter 905-660-7711 dated May 16, 2012. At that time, the application had been deemed 1-800-372-1102 "Incomplete". Following t p pp Fax: 905.666-6206 g he p submission of a complete application, the Email:planning ftham.ca Region provided updated comments in our letter dated March, 4, 2013, which wwwdurhan,.ca still expressed concerns related to odour, dust and noise impacts on the proposed development. A series of addendum reports have since been A.L.Georgreff,MCIP,f1PP submitted and Peer Reviewed. Commissioner of Planning and Economic Development The comments in the Region's previous letters related to Official Plan and Provincial Plan conformity, servicing, and other matters remain applicable. This letter provides clarification related to noise, dust and odour and the Region's requirements for approval of the subject applications. D-6 Guideline Evaluation In support of the application, a Land Use Capability report titled "D-6 Guideline Evaluation" (UEM Inc., November 2012) and an Addendum Letter (May 17, 2013) has been submitted. This report summarizes the Noise and Dust/Odour Assessment reports and relates the findings to the minimum setback requirements as outlined in the D-6 guidelines. The D-6 Guidelines Evaluation and Addendum Letter has been assessed as part of the Peer Review of the Noise and Dust/Odour studies. Potential Noise Impacts The subject applications propose a sensitive land use (senior's residence) adjacent to an industrial facility. In order to ensure that there are no noise conflicts present, a noise assessment was requested. In support of the application an Environmental Noise Feasibility Study has been submitted "Sat vice lxarflence I for uur Communilles" � 100%PO51 Consumer 18-54 Page 2 (prepared by Valcoustics Canada Ltd, Nov. 2012). The Noise Feasibility Study addresses potential impacts from adjacent roadways (Queen Street) as well as stationary sources (the adjacent Veyance manufacturing facility). A subsequent noise addendum letter (Valcoustics Canada Ltd,'May 2, 2013) has also been received, which provides clarification in areas such as implementation of mitigation measures and conditions of approval. Given the complex nature of the Noise Feasibility Study/addendum letter, a Peer Review was conducted. The Peer Reviewer's final report (RWDI Air Inc,, September 16, 2013) has been reviewed by Regional staff. It is noted that the Peer Reviewer generally agrees with the Valcoustic recommendations and approach, which includes separate implementation measures, such Site Plan Approval, future Noise Study Updates and Holding Provisions as well at source mitigation measures for Phase 1 and 2 of the proposal. A few areas of minor disagreement or areas where additional consideration should be taken have been identified by the Peer Reviewer, which are recognized as being a non-issue or have the ability to be clarified as part of the future Noise Assessment(s), The Region is satisfied with Valcoustic's findings and proposed mitigation measures, and is satisfied with the general agreement provided by the Peer Reviewer, The Implementation section of this letter contains the appropriate conditions of approval from the Region of Durham. i Odour/Dust In support of the application an Odour/ Dust assessment titled "Land Use Compatibility Assessment" (SENES Consultants Limited, September 2012) was submitted. In addition, a report addendum was also submitted in support of the application (SENES Consultants Limited, April 25, 2013). The reports address potential odour and dust impacts associated with the Veyance facility. The reports conclude that potential impacts on the proposed development, in their opinion, meet the definition of"Trivial". Given the complex nature of the Odour/ Dust assessments, a Peer Review was conducted. The Peer Reviewer's final report (RWDI Air Inc., September 16, 2013) has been reviewed by Regional staff. The Peer Review report recognizes the difficulty of assessing the impacts of Veyance on the subject property where there are no up-to-date Emission Summary and Dispersion Modeling (ESDM). In addition, the Peer Reviewer disagrees with the SENES finding that the potential odour/dust conflicts meet the Ministry of Environment's definition of"Trival", particularly at Phase 2 where the proposed building does not meet the D-6 guidelines recommend separation distance. The Peer Review report offers some recommendations in order to address these issues. A number of mitigation measures are proposed for Phase 1, and the use of a Holding Provision to address the lack of updated EDSM 18-55 Page 3 information, that will be submitted as part of Veyance's Environmental Compliance Approval submission, for Phase 2. The Region is satisfied with the Peer Reviewer's recommended approach. The Implementation section of this letter contains the appropriate conditions of approval from the Region of Durham. Environmental Compliance Approval It is understood that the Veyance facility has submitted an Environmental Compliance Approval (ECA) for Air application to the Ministry of the Environment (MOE). The ECA process will assess all emissions (noise, odour, dust) in the application from the Veyance facility and determine their compliance with MOE standards. Should modifications be required to Veyance's equipment these will be incorporated in their new ECA. It is Veyance's responsibility to comply with MOE standards and with the terms and conditions of their new ECA. If there are non-compliance issues in the future, the Ministry will deal with Veyance through voluntary and/or mandatory abatement tools depending on what the situation warrants. It is important to note, that while a company may be operating in compliance with their ECA, their operation may still cause an adverse effect on .off-site sensitive receptors such as residences, etc. For such instances, the MOE provides a complaint reporting process in which a provincial officer will j investigate reported adverse impacts and determine if any further mitigation is required. I It is noted that the Peer Review of the odour assessment included a recommendation that an existing exhaust vent be modified to vent vertically (as opposed to horizontally). This recommendation has been discussed with staff from MOE.. MOE has indicated that recommendations from parties other than Veyance; their consultant and the Ministry cannot be imposed by MOE on a proponent. Veyance's air pollution control equipment will be reviewed and assessed as part of the ECA process. Should mitigation or adjustment to any of the existing exhaust vents be required, they will be addressed through the ECA process. Implementation: Conditions of Approval Outlined below, and in accordance with the supporting technical studies and peer review reports, are the Region of Durham's Planning and Economic Development Department (referred to as "the Region") conditions of approval for Phase 1 and Phase 2 of the proposed development: Phase 1 o That the implementing zoning by-law for Phase 1 shall be subject to a Holding `H' Provision. Conditions of the Holding will include: 18-56 Page 4 • That the applicant submit a Record of Site Condition for the Phase 1 and Phase 2 Environmental Site Assessment to the Ministry of the Environment, with a Clearance Letter being provided to the Region of Durham to the Region's satisfaction. • That Site Plan Approval be granted and that the Developer enter into a Site Plan Agreement with the Municipality. o That as part of the Site Plan Approval process, an updated Noise Assessment which demonstrates compliance for Phase 1 with the Ministry of Environment's Noise Criteria be submitted. The updated Noise Assessment shall state that the Phase 1 mitigation works, as detailed in the May 2, 2013 Valcoustics Letter, have been completed, or alternatively, provide evidence that a Noise Abatement Action Plan has been executed between the Veyance Facility and the MOE to guarantee the mitigation measures will be secured prior to the occupancy of Phase 1. This requirement shall be completed to the Region's satisfaction, with the developer covering the expense of a further Peer Review, if required. o That the Site Plan Agreement include a statement that the developer will implement the recommendations and mitigation measures of the Noise Feasibility Study(November 2, 2012) and Addendum Letter (May 2, 2013) as well as the required Phase 1 Noise Study Update. This includes mandatory central air conditioning, warning clauses and conditions related to the issuance of building permits. a That the Site Plan Agreement contain the recommended mitigation measures as outlined in the peer review of the odour and dust assessments to the Region's satisfaction. This includes: o Warning Clauses which will be registered on title or lease indicating the proximity and potential for impacts from the adjacent Veyance facility. o Mandatory air conditioning for all units. o The capability to retrofit dust and odour fitting on the central air system. Phase 2 o That the implementing zoning by-law for Phase 2 be subject to a Holding 'H' Provision. Conditions of the Holding will include: o That the applicant submit a Record of Site Condition for the Phase 1 and Phase 2 Environmental Site Assessment to the 18-57 Page 5 Ministry of the Environment, with a Clearance Letter being provided to the Region of Durham to the Region's satisfaction. • That Site Plan Approval be granted and that the Developer enter into a Site Plan Agreement with the Municipality. • That an updated Noise Report which demonstrates compliance for Phase 2 with the Ministry of Environment's Noise Criteria be submitted. The updated Noise Assessment shall state that the Phase 2 mitigation works, as detailed in the May 2, 201.3 Valcoustics Letter, have been completed, or alternatively, provide evidence that a Legal Agreement between the Developer and the Veyance Facility has been entered into, which will ensure the mitigation measures will be.secured prior to the occupancy of Phase 2. This study shall be conducted in tandem with Site Plan Approval of Phase 2, and shall identify any changes or modifications to the design of the Phase 2 building if necessary. This requirement shall be completed to the Region's satisfaction, with the developer covering the expense of a further Peer Review, if required. The Developer . further recognizes and agrees that where responsible for mitigation work at source, the Developer will post securities with the Municipality of Clarington to ensure the work is completed I to the Municipality's and Region's satisfaction. o That a new study addressing odour and dust issues in , i accordance with the Peer Reviewer's recommendation be prepared. This new study shall be completed in accordance with Ontario Regulation 419/05 and the Ministry of Environment's supporting guidance. This updated study shall identify any mitigation measures, warning clauses or design modifications that may be required and secured through the Site Plan Approval process. This requirement shall be completed to the Region's satisfaction, with the developer covering the expense of a further Peer Review, if required © That the Site Plan Agreement include a statement that the developer will implement the recommendations and mitigation measures of the Noise Feasibility Study (November 2, 2012) and Addendum Letter (May 2, 2013)as well as the required Phase 2 Noise Study update and the new Odour and Dust assessment. This includes mandatory central air conditioning and warning clauses, and conditions related to the issuance of building permits. Conclusion The Official Plan amendment is considered to have no significant Regional or Provincial concerns and is exempt from Regional approval, provided the 18-58 g�1011 above issues identified above are addressed to the satisfaction of the Region of Durham. Please advise the Commissioner of Planning and Economic Development of your Council's decision. If Council adopts an Amendment, please forward a record to this Department within 15 days of the date of adoption. The record should include the following: o Two (Z) copies of the adopted amendment; o A copy of the adopting by -law; and o A copy of the staff report and any relevant materials. If you have any questions or concerns, please call Brad Anderson, Project Planner, in this Department. cc: Regional Works Department — John Molica Durham Region Transit — Martin Ward 18 -59 MEMO Leading the Way CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Anne Greentree, Deputy Clerk Date: January 31, 2014 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA — FEBRUARY 3, 2014 — 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, February 3, 2014: 6. DELEGATIONS See attached Final List. (Attachment #?) 18. (a) Addendum Applications for an Official Plan Amendment and Zoning to Report By -law Amendment to Permit the Development of a 155 PSD -062 -13 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment Applicant: The Forrest Group See attached memo from David Crome, dated January 30, 2014 (Attachment #2) r (Anne— r_. tre , Deputy Clerk AGlcf cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905- 623 -3379 F 905623 -6506 Attachment #1 of Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: February 3, 2014 (a) Hida Manns, Clarington Representative to the Durham Environmental Advisory Committee (DEAC), Regarding the Durham Environmental Achievement Awards (b) Steve Coles, President, Clarington Older Adults Association, Regarding Report CSD -002 -14, Older Adult Strategy — Terms of Reference (c) Chris Bobyk, Development Director, The Forrest Group, Regarding Addendum to Report PSD - 062 -13, Applications for an Official Plan Amendment and Zoning By -law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment (d) Dr. Al Lightstone, President, Valcoustics, on behalf of The Forrest Group, Regarding Addendum to Report PSD- 062 -13, Applications for an Official Plan Amendment and Zoning By -law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment (e) Abby Salb, Sr. Environmental Engineer, SENES Consultants, on behalf of The Forrest Group, Regarding Addendum to Report PSD -062 -13, Applications for an Official Plan Amendment and Zoning By -law Amendment to Permit the Development of a 155 Suite, 5 Storey Retirement Residence and a 104 Unit, 9 Storey Seniors Apartment ATTACHMENT # i 10 REPORT # t. .Leading the �Vay T___A1*qf TO: Mayor and Members of Council FROM: David J. Crome, Director of Planning Services DATE: January 30, 2014 RE: APPLICATIONS FOR AN OFFICIAL PLAN AMENDMENT AND ZONING BY -LAW AMENDMENT TO PERMIT THE DEVELOPMENT OF A 155 SUITE, 5 STOREY RETIREMENT RESIDENCE AND A.104 UNIT, 9 STOREY SENIOR'S APARTMENT APPLICANT: THE FORREST GROUP FILE M COPA2012 -0003 & ZBA2012 -0407 In earlier discussions with municipal staff. Veyance had been reluctant to release any information from their consultants reports related to their for Environmental Compliance Approval submission. Subsequent to the completion of the Addendum to Report# PSD- 062 -13 on January 29, 2014, Veyance Technologies Inc. provided Staff and Senes (The Forrest Group's consultant) with a copy of an "Executive Summary" and "Emissions Summary Table" from their "Emissions Summary and Dispersion Modelling Report ", prepared by AMEC. This is part of the report that has been submitted to the Ministry of the Environment as part of the application for Environmental Compliance Approval by Veyance. Staff forwarded this new information to the Peer review consultant, RWDI for review. RWDI has advised that the results shown for total particulate matter suggest that carbon black levels will comply with the applicable Ministry of the Environment standard. The predicted maximum 1/z -hour concentration of total particulate matter at the point of highest impact off site is 26 pglm3. The carbon black standard is 25 pglm3 for the same period. So, if all of the emitted particulate matter was carbon black, which is highly unlikely, then the standard would be exceeded. Otherwise, the standard is met. RWDI advised that they are reasonably satisfied that Phase 1 can proceed prior to Veyance Technologies receiving their Environmental Compliance Approval from the Ministry of the Environment, or submission of a detailed Odour and Dust assessment. RWDI advised that the requirement of for Environmental Compliance Approval prior to removing the Holding Symbol should remain for Phase 2 due to its closer proximity to Veyance Technologies Inc, and for the following caveats: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623 -3379 F (905)623 -0830 Mayor and Members of Council: January 30, 2014 - Page 2 • The Emissions Summary and Dispersion Modelling Report , prepared by AMEC has not been reviewed in its entirety, therefore comments on the reliability of their assessment cannot be provided; SENES, on their visit to the site, observed carbon black emissions escaping through a roof vent in an area where the sacks of carbon black are handled. It is unlikely that AMEC's assessment accounts for these "fugitive" emissions; and « The Emission Summary Table does not address upset conditions (although such conditions are probably very infrequent). It was also noted that the emission summary table does not address odour as a contaminant. In response to the above, Subsection 1 d) iii) of the proposed zoning by -law can be deleted. This is the holding condition that required the Environmental Compliance Approval or submission of a detailed Odour and Dust Assessment prior to 'removing the "Holding (H)" for Phase 1. In addition to this issue, the proponent brought to our attention that after the road widening, the density of the building would be slightly higher. Regulation 1 c) i) has been amended to round the density up to 200 units /suites per net ha. Recommendation 4 of the Addendum to Report PSD- 062.13 should be modified as follows: "THAT the Zoning By -law Amendment application as revised, submitted by the Forrest Group be approved subject to provisions for the removal of the Holding (H) prefix, as contained in Attachment 3 and further revised to delete provision 1 d) iii) and amend the maximum density for Phase 1 to 200 units/suites per net ha; ". David J. Crome /df cc. Franklin Wu, C.A.O. Department Heads r 2014 DEAC Environmental Achievement Awards Environmental Achievement Awards Intended to recognize and acknowledge environmental achievements Individuals and organizations in the public, private and non-profit sections within Durham Region Award Categories George A. Scott Stewardship  maintenance, protection, or preservation of the natural environment Dr. J. Murray Speirs Restoration  restoration of degraded natural environments Irene Kock Education/Communication  fostering natural environment education Jessica Markland Partnerships  cooperative efforts to enhance the environment Eric Krause Innovative Plans/Policies/Initiatives  forward-thinking for change in the natural environment Evylin Stroud Lifetime Achievement  continuous promotion to protect the environment Clarington Award Winners Cameron Manners, Founder of Nu Flow  Technologies (water pipe lining), now of Oshawa John Slater (OronoCrown Trust)  Eric and Jennifer Bowman, BowmanviewFarm  Algoma Orchards Limited  Samuel Wilmot Nature Area Management Advisory  Committee Ontario Power Generation  2014 Award Nominations Nomination forms, details and other helpful resources available at www.durham.ca/deac Please help spread the word to friends, colleagues & constituents Deadline for submissions; th February 28 Ca.na&i, L td. Soundsolutions to acoustical challenges 105 Queen Street East Town of Bowmanville Municipality of Clarington 1. The new (as of October 2013) Ministry of the Environment (MOE) "Environmental Noise Guideline, Stationary and Transportation Sources-Approval and Planning", NPC-300, introduces a new receptor class - Class 4. 2. Stationary Sources in MOE terminology = Industry. 3. Purpose of Class 4: to facilitate wanted, noise-sensitive development (e.g., residential) proximate to existing industry (e.g., Veyance Technologies); whereas the previous MOE noise guidelines (LU-131 and NPC-205) discouraged and made such possibilities difficult. 4. Class 4 cannot be applied to existing development, only to new development. 5. We agree with staff and also recommend to Council to class the proposed development site as Class 4. This will allow Veyance to continue to operate, even in the short term, in compliance with the MOE sound limits, under NPC-300, at both Phase 1 and Phase 2 portions of the site. 6. Notwithstanding this, Veyance is required to implement noise reduction to satisfy Class 1 noise limits at the existing residences. This will ultimately also result in further reductions to sound levels at Phase 1 and Phase 2, to lower than the Class 4 limits. 7. This approach of using NPC-300 Class 4 noise criteria for the site results in both Veyance and the proposed development being in compliance with the noise guidelines. Consulting Acoustical Engineers