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HomeMy WebLinkAbout10/26/2009 DATE: MONDAY, OCTOBER 26,2009 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a regular meeting of Council held October 5, 2009 Minutes of a special meeting of Council held October 13, 2009 PRESENTATIONS There are no Presentations scheduled for this meeting. DELEGATIONS (List as of Time of Publication) a) Jon Gale - Paving of Bowmanville Tennis Courts (Correspondence Item D - 1) b) Cathy Abraham - Report CLD-022-09 - Proposed Election Sign By-law (Unfinished Business #2) c) Dale Stewart - Petitions Regarding Green Road Extension North and Intersections of Aspen Springs Drive West and West Side Drive and Abernethy Crescent and West Side Drive (Correspondence Item D - 7) COMMUNICATIONS Receive for Information I - 1 Minutes of the Central Lake Ontario Conservation Authority dated September 15, 2009 I - 2 Minutes of the Durham Nuclear Health Committee dated September 18, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda 1-3 1-4 1-5 1-6 1-7 1-8 1-9 I - 10 I - 11 I - 12 I - 13 1-14 I - 15 - 2 - October 26,2009 Durham Regional Police Service - 2008 Annual Report P. M. Madill, Regional Clerk, Region of Durham - Climate Change Science, Greenhouse Gas Emissions Reduction Targets, and Strategies to Meet Those Targets P. M. Madill, Regional Clerk, Region of Durham - Regional Municipality of Peel Resolution - Funding Gap in Health and Social Services in the Greater Toronto Area/905 P. M. Madill, Regional Clerk, Region of Durham - Accessibility Advisory Committee Recommendations regarding the Highway 407 East Completion Draft Environmental Assessment Report; and the Notice of Study Commencement and Notice of Public Information Centre for the Preliminary Design and Environmental Assessment Study for the Widening of Highway 401 from Salem Road to Brock Street in the Towns of Ajax and Whitby J. W. Tiernay, Executive Director, Ontario Good Roads Association, (OGRA) - Nominations for the 2010-2011 OGRA Board of Directors Association of Municipalities of Ontario (AMO) Alert dated October 6, 2009 - Southern Ontario Development Program (SODP) Josh Terry, Special Assistant to the Honourable Bev Oda, P.C., M.P., - Launch of Federal Economic Development Agency for Southern Ontario (FedDev Ontario) Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC) - Toronto Bank Towers Decision - Divisional Court Jaclyn Harper, RN, BScN, Public Health Nurse, Region of Durham - Prevention of Aggressive Driving Josh Terry, Special Assistant to the Honourable Bev Oda, P.C., M.P., - Building Communities Through Arts and Heritage (BCAH) Program The Honourable Dalton McGuinty, Premier of Ontario - Lakeridge Health Bowmanville Suzanne Tigwell, Executive Director, Resources for Exceptional Children and Youth - Durham Region - 2008-2009 Annual Report Laurie Swami, Director, Licensing and Environment, Darlington New Nuclear Project, Ontario Power Generation (OPG) - Update on the OPG New Nuclear at Darlington Council Agenda - 3 - October 26,2009 1-16 P. M. Madill, Regional Clerk, Region of Durham - Discussion Paper on Requirements for the Content and Preparation of Source Protection Plans 1- 17 Linda Laliberte, CGA, CAO/Secretary-Treasurer, Ganaraska Region Conservation Authority I - 18 Lynn Philip Hodgson, Historian and Co-Author, Camp 30 - Word of Honour - Former Boys Training School and Prisoner of War Camp 2020 Lambs Road, Bowmanville I - 19 Mary Tillcock, Organizer, Clarington Terry Fox Run - Letter of Appreciation Receive for Direction D - 1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D - 10 Caroline Charman and Jon Gale - Bowmanville Tennis Courts Gerry Mahoney, South East Clarington Ratepayers' Association - Port Granby Project Sharon Eccles - Expropriation of West Beach Lands Suzanne and Brian Way - Drainage Issues Terry Downey, Executive Vice-President, Ontario Federation of Labour - Request for Proclamation of "Community Social Services Workers Appreciation Day" Joyce Jones, Bowmanville Toastmasters Club 3541, Toastmasters International- Request for Proclamation of "Bowmanville Toastmasters Week" Dale A. Stewart - Petitions Regarding Green Road Extension North and Intersections of Aspen Springs Drive and West Side Drive and Abernethy Crescent and West Side Drive Brent Van Luven, President, Bowmanville and District Navy League- Request for Approval of Tag Days Lisa Janveaux, Community Advantage Rehabilitation Inc. and Colleen Hynes - Request for Installation of "Deaf Child" Sign on Prout Drive Patrick Brown, Administrator, Strathaven Lifecare Long Term Care and Retirement Home - Request for Amendment to By-law 91-58 to Permit Parking on the East Side of Galbraith Court Council Agenda - 4- October 26, 2009 D - 11 Marc Chalifoux, Executive Vice-President, Historica-Dominion Institute - Veteran Appreciation Days D - 12 Mayor Cam Jackson, City of Burlington - Community Schools Alliance: Resolution Regarding the Accommodation Review Committee process to implement "Smart Moratorium" COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of October 19, 2009 STAFF REPORT(S) 1. Report PSD-1 02-09 - Proposed Modification to Amendment No. 60, Brookhill Secondary Plan 2. Report EGD-031-09 - Mill Street Road Repairs, Orono (To be distributed under Separate Cover) BUSINESS ARISING FROM NOTICE OF MOTION Moved by Councillor Foster, seconded by Councillor Robinson WHEREAS the Municipal Elections Act, 1996, requires all candidates to file with the Clerk a financial statement, and auditor's reports as the case may be, reflecting the candidate's election campaign finances; WHEREAS the Act provides for penalties, including forfeiture of office, in the case of a candidate defaulting on the prescribed filing requirements; WHEREAS the Act provides that any eligible elector may apply for a compliance audit of a candidate's election campaign finances where he/she believes on reasonable grounds that a candidate has contravened a provision of the Act; WHEREAS it is the duty of the Council to consider the application for a compliance audit which places the Council in a most challenging position when required to sit in judgment of whether to conduct a compliance audit on those against whom they contested the election or with they now sit as fellow council members; and WHEREAS the AMCTO Municipal Election Project Team was apprised of numerous issues arising around the Compliance Audit provisions of the Act during the 2003 and 2006 Municipal Elections throughout the province, and concluded the following recommendation to the Minister of Municipal Affairs and Housing: "That section 81 'compliance audits' be reviewed in its entirety and consideration be given to appointing an independent third party to conduct audits." Council Agenda - 5 - October 26, 2009 NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington endorse the recommendation of the AMCTO Municipal Project Team pertaining to "compliance audits"; and THAT a copy of this resolution be forwarded to the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, John O'Toole, MPP, Durham and all municipalities within Ontario seeking their support. UNFINISHED BUSINESS 1. Resolution #C-592-09 - Report CLD-021-09 - Methods of Conducting the 2010 Municipal Elections 2. Resolution #C-594-09 - Report CLD-022-09 - Proposed Election Sign By-law 3. Addendum to Report PSD-067 -09 - Status Report: Appeal to the Ontario Municipal Board by Smooth Run Developments Inc. (Metrus Developments Inc.) Brookfield Homes (Ontario) Limited on Applications in the Village North Neighbourhood in Newcastle BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT ClmilJgtnn Council Meeting Minutes October 5, 2009 Minutes of a regular meeting of Council held on October 5,2009, at 7:00 p.m., in the Council Chambers. Councillor Woo led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Facilities Manager, G. Acorn, attended until 1 0:01 p.m. Purchasing Manager, J. Barber, attended until 10:01 p.m. Manager of Transportation and Design, L. Benson, attended until 10:01 p.m. Manager of Communications and Marketing, J. Cooke, attended until 7:31 p.m. Manager of Subdivision Implementation, L. Taylor, attended until 1 0:01 p.m. Director of Finance/Treasurer, N. Taylor, attended until 10:01 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 1 0:01 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 10:01 p.m. Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy indicated that he would be stating a pecuniary interest with respect to the delegation of Richard Ward and Item 8 of Report #1. Councillor Foster rose on a Point of Order stating he does not believe that Mayor Abernethy has disclosed the nature of the conflict, if, in fact, there is a pecuniary interest. Mayor Abernethy responded to Councillor Foster's Point of Order and comments made by other Members of Council that the onus is on the individual to declare a conflict and that he has met the requirements of the Municipal Conflict of Interest Act. He further confirmed his position that if he perceives he has a conflict then he declares an interest by erring on the side of caution, and that his definition of interest is not just monetary. Council Meeting Minutes - 2 - October 5, 2009 In response to a question, Mayor Abernethy advised the individual who worked on his campaign is Luke Prout. ANNOUNCEMENTS Councillor Hooper announced the following: · Two new businesses have opened in Bowmanville - Atkins Automotive on Temperance Street South and My Best Friend, dog grooming business, has relocated to Division Street. · On Saturday, October 17, 2009, the Annual Apple Festival and Craft Sale, a great community event, will take place featuring eight local bands, craft vendors, contests and apple fritters, dumplings, pies, etc. · On October 17, 2009, the 23rd Annual Model Railroad Show will be held at the Bowmanville High School. Councillor Novak announced the following: · She accepted a plaque on behalf of the Municipality, recognizing the Municipality's monetary support of the 2009 Durham Children's Groundwater Festival. · She attended the Durham Strategic Energy Alliance Convention held in Ajax and referenced a full-page ad in the ReNew Canada Magazine featuring Clarington's community profile and providing positive information about the Municipality. · The Gates Open Farm Tour and Savour Durham Harvest Market and Dinner held on October 2 and 3, 2009, were a great success. Councillor Trim announced the following: · He attended the 1 ih Annual Durham Children's Groundwater Festival held at Camp Samac for Grade 4 students and accepted a plaque on behalf of the Region of Durham in recognition of the Region's support of the Festival. · He attended the Region of Durham's Employee Long-Term Service Awards and Retirees Banquet, an evening to honour Regional employees, which was very well organized. · On October 18, 2009, from 9:00 a.m. until 1 :00 p.m. the Regional Municipality of Durham is inviting residents to drop off their electronic and electrical waste (e-waste) for free recycling at 178 Darlington/Clarke Townline Rd. Examples include: televisions, satellite systems, computers, monitors, printers and accessories, fax machines, photocopiers, gaming systems, telephones, PDAs, calculators, electronic cash registers, radios, amplifiers, turntables, stereos, VCR and DVD players, projectors, cameras and camcorders. Council Meeting Minutes - 3 - October 5, 2009 Mayor Abernethy announced the following: · Today is start of Fire Prevention Week. Mayor Abernethy reminded all Clarington residents that they are required to have working smoke alarms on all levels of their homes and urged residents to test their smoke alarms. This year's theme is "Stay Fire Smart", and Fire and Emergency Services staff are reminding residents to have a home escape plan and a designated meeting area in case of an emergency. · A Special Meeting of Council has been called for Tuesday, October 13, 2009, at 2:00 p.m. in the Council Chambers to review a Report on options for the method of conducting the 2010 Municipal Elections and the proposed Election Sign regulations. The meeting is open to the public and delegations will be heard. The staff report will be available for publication late Thursday afternoon. MINUTES Resolution #C-548-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on September 21,2009, be approved. "CARRIED" PRESENTATIONS Mayor Abernethy stated it was his great pleasure to have Members of the Clarington Green Gaels Jr. liB" Lacrosse Team in attendance this evening. He noted the team participated in the Founders Cup Jr. "B" Lacrosse National Championship Tournament securing runner-up status. The Green Gaels had six goals called back and this is only the third time in the 38-year history of the Founders Cup Tournament that an Ontario Team has not been able to bring the cup home. Peter Abramczyk adressed Council stating it was a major disappointment for the team when the game was taken away from them. He acknowledged that the team did win the Ontario Championship and he invited Coach Jason Crosbie to accept certificates on behalf of those members not in attendance. Mayor Abernethy presented Certificates to the following team members present this evening: Connor Latimer, Curtis Knight, Ryan Degerdon, Matt Chamois, Head Coach Jason Crosbie, Assistant Coach Dave Lundy, Trainer Kenny Johnston, and General Manager Paul Chamois. Peter Abramczyk accepted a Certificate on behalf of President Dave Abramczyk. Council Meeting Minutes - 4 - October 5, 2009 Head Coach Jason Crosbie accepted Certificates on behalf of the following team members who were not able to attend this evening: Kirby Upshaw, Jordan Saunderson, James Shepherd, Dan Pogmore, Zach Palmer, John Lafontaine, RYaffServille, Eric; Amodeo, Emerson Clark, Chris Cudmore,TLJcas Fern~-M1K8[um Walker, Mike McCusker, Mike Power, Mitchell Wilde, Mitchell Chapman, Jesse Austin, Shayne Jackson, Zack Higgins, Steve Bourden, Chad Tutton, Assistant Coach Paul Stewart, Mike Bryant, and Equipment Manager Dave Murray. Glenn Rainbird, O.C., Chair, Veridian Corporation and Michael Angemeer, President and CEO, Veridian Corporation, addressed Council to present Veridian's Annual Report. Mr. Rainbird advised that he would speak briefly on the productivity of Veridian and would then call upon Mr. Angemeer to provide detailed information. Mr. Rainbird stated the success of Veridian is not only due to its employees, but also to the contributions of the Board Members and acknowledged Councillor Foster, former Board Member, and Mayor Abernethy, Councillor Novak, and Howard Edmonson, Board of Directors, Veridian Corporation and Brian Mountford, Board of Directors, Veridian Connections Inc. Mr. Rainbird advised that these are challenging times from an energy perspective and that Veridian sees a responsibility to playa role in promoting a green environment. He stated Veridian is in a business that is encouraging their customers to use less of their product but despite facing challenges, revenues and profitability have grown. Mr. Rainbird advised that 2008 was a very successful year and that there were no threats to the revenue stream that the Municipality relies on as a shareholder. Mr. Rainbird stated that he was pleased to report that the combination of dividends and interest in 2009 from Veridian will exceed $1.8 million. Michael Angemeer addressed Council to provide highlights of 2008 and to present the 2008 Annual Report "Smart energy. Strong communities. Bright future." Mr. Angemeer stated he is pleased with Veridian's financial performance over the past year, noting Veridian continues to be one of the most profitable utilities in the province with among the lowest rates charged to customers. He stated despite a deteriorating economic climate in 2008, annual earnings exceeded expectations and were almost level with the $8.9 million earned in 2007, there was an 18.5% net income improvement to the 2008 budget, the company paid $8.8 million in interest and dividend payments to shareholders, no new debt was incurred, and there has been an increase in the book value of capital assets of $.7 million which will support growth, replace aging equipment and improve system reliability. Mr. Angemeer advised Veridian has a 95% customer satisfaction rating and that staff have achieved over 2 million hours with no lost-time injuries. Mr. Angemeer confirmed that Veridian will play a major role in setting new direction for the electricity industry in Ontario and is looking to future renewable energy and other areas to increase returns to their shareholders. He confirmed that there has been interest from other municipalities for partnership opportunities and that Veridian is proud of its corporate responsibility to the community in supporting Lakeridge Health Bowmanville, solar initiatives at the Ganaraska forest, the Clarington Board of Trade and other small area charities. Council Meeting Minutes - 5 - October 5, 2009 Mr. Angemeer summarized by stating that the Corporation is well on its way to achieving its five-year plan and extended an invitation to Members of Council to help celebrate Veridian's 10th Anniversary on November 5, 2009. Copies of the 2008 Annual Report were provided to all Members of Council. Laurie Swami, Director, Licensing & Environment Darlington New Nuclear Project, Ontario Power Generation addressed Council to provide an update on Ontario Power Generation's (OPG) Darlington New Nuclear Project. Through use of a PowerPoint presentation, Ms. Swami provided an overview of OPG's major milestones as part of the federal approvals process noting on September 30,2009, OPG submitted the Environmental Impact Statement (EIS), the updated application for a License to Prepare Site and initiated other Federal approvals requiring early consideration. She noted the materials included in the EA submission consist of the main EIS and 28 Technical Support documents which were subject to independent expert peer reviews prior to being finalized. She indicated that throughout the EA process, OPG sought community confirmation of the work undertaken to date and input for the next steps in the assessment. Ms. Swami advised that the EIS concludes that the New Nuclear at Darlington Project will not result in any significant adverse environmental effects, taking into account proposed design and mitigation measures. Ms. Swami stated OPG's Application for a License to Prepare Site (L TPS) is the first of three applications demonstrating that the site is appropriate for a nuclear power plant; the CNSC regulatory requirements are satisfied that OPG is qualified to carry out the activity and that OPG will make adequate provision for the protection of the environment, health and safety of persons, and maintenance of National security measures required to implement international obligations to which Canada has agreed. The submissions will be provided to a Federally appointed Joint Review Panel to conduct a public and technical review of the material submitted and to determine whether there is sufficient information to proceed with a hearing. Ms. Swami concluded by stating that there is broad support for the project and that most people are interested in OPG getting on with the project as is. She stated OPG will continue to update Council during the review process and encouraged the public to visit the kiosk in the Bowmanville Mall or view the website at www.opg.com/newbuild. Regina Elliott, Program Manager, Infectious Disease Prevention and Control, Durham Region Health Department, addressed Council to provide an overview of the Region's H1 N1 (Swine) Flu Readiness Plan. Through use of a PowerPoint presentation, Ms. Elliott reviewed the symptoms, the current status of the H1 N1 flu, current statistics including 119 cases in Durham Region and how Ontario is preparing to respond to the potential for 2nd wave activity with increased severity. She noted the Province has developed a tracking system to monitor the spread, developed a communication campaign and has stockpiled antiviral flu medication. Ms. Elliott stated Flu Assessment Centres, temporary additions to the health care system, will be established, if needed, and Durham Region Health Department is coordinating collaboration with local community partners, CHC's and hospitals to assist with this. Council Meeting Minutes - 6 - October 5, 2009 The seasonal flu vaccine for those 65 years and over and residents of long-term care facilities will be available in October, the H1 N1 flu vaccine will be available for priority groups, e.g. young persons and pregnant women in November, and will be followed by the availability of the Seasonal flu vaccination universally in December/January. Ms. Elliott reviewed prevention measures and the use of antivirals and stated that municipalities, organizations and business should ensure that they have plans to continue their operations in the event of staff illness and should communicate with staff members about changes in business operations and ensure employees know they are expected to stay home if they are ill. DELEGATIONS Mayor Abernethy stated a pecuniary interest with respect to the delegation of Richard Ward regarding Report CLD-017-09 Compliance Audit - John Mutton 2006 Election Campaign as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he now holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Deputy Mayor Trim chaired this portion of the meeting. Richard Ward addressed Council concerning Item 8 of Report #1 - Report CLD-017-09 - Compliance Audit - John Mutton 2006 Election Campaign. Mr. Ward stated he feels the current audit of the financial return of former Mayor John Mutton contains minor variations such as occupying a building without a permit, and that he does not believe that a compliance audit is the only way to identify a violation and that violations should be stand-alone. Mr. Ward questioned what the next steps will entail if the audit verifies that the Municipal Elections Act has not be complied with and feels that if Council investigates and prosecutes John Mutton, then Council should also investigate the audit conducted on Mayor Abernethy's financial statement as he feels there are more significant violations to the election rules in Mayor Abernethy's return than in that of John Mutton. Mayor Abernethy resumed the Chair. Resolution #C-549-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT Council recess for ten minutes. "CARRIED" The meeting resumed at 8:45 p.m. Council Meeting Minutes - 7 - October 5, 2009 COMMUNICATIONS Resolution #C-550-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items 1- 2,1- 3,1- 4,1- 5,1- 8,1- 9,1- 10, 1- 11, 1- 14, I -15, and 1-17. "CARRIED" 1- 1 Minutes of the Clarington Traffic Management Advisory Committee dated June 18,2009. 1-6 Debbie Gordon, Save the Oak Ridges Moraine Coalition (STORM) advising of a number of events planned on the Oak Ridges Moraine this fall and advising of a special train ride event taking place on November 1, 2009, in celebration of 20 years of activism on the Moraine. 1-7 Chris Andersson, Clinical Coordinator, Central East Prehospital Care Program (CEPCP), commending Council and staff, on behalf of the CEPCP, the Paramedics of Durham Region Emergency Medical Services, and Clarington Fire Services, for maintaining an AED program at the Orono Arena, which was utilized in assisting a victim of Sudden Cardiac Arrest on September 10,2009, allowing for the best possible care to be provided in the time period prior to Firefighters and Paramedics arriving on the scene. 1- 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 23, 2009, Regional Council adopted the following resolution pertaining to the Quarterly Report on Planning Activities: "a) THAT Report #2009-P-56 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2009-P-56 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information." 1- 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 23, 2009, Regional Council adopted the following resolution pertaining to proposed amendments to regulations under the Planninq Act to notify propane facility operators of development applications: Council Meeting Minutes - 8 - October 5, 2009 "a) THAT Report #2009-P-52 of the Commissioner of Planning be forwarded to the Ministry of Municipal Affairs and Housing, as the Region of Durham's comments on the proposed amendments to Regulations under the Planninq Act, to notify propane facility operators of development applications (EBR Registry Number 010-5183); and b ) THAT a copy of Report #2009-P-52 be forwarded to the Area Municipalities for information." I - 16 Jay Dagan objecting to the proposed "Energy-From-Waste" facility due to health risks to present and future generations and the increasing pollution to the already compromised air shed; a number of physicians have already expressed their opinions against incineration; expressing concern that the Environmental Assessment did not include Lake Ontario in the study; suggesting the severity of the issue warrants a referendum; and, urging Council to support more environmentally sustainable and fiscally responsible alternatives such as the models used in Nova Scotia and Alberta. I - 2 Minutes of the Clarington Heritage Committee dated September 15, 2009. Resolution #C-551-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT the Minutes of the Clarington Heritage Committee dated September 15, 2009 be received for information. "CARRIED" I - 3 The Honourable John Gerretsen, Minister of the Environment, responding to Council's resolution that no garbage from the City of Toronto be allowed to be burned at the St. Marys Cement Plant; indicating that on September 29, 2008, St. Marys Cement Inc. submitted applications to burn only residual plastic film from Orgaworld Canada Ltd. in London, ON and post-recycling biosolids and residual materials from Atlantic Packaging in Whitby and confirming that St. Marys has not requested approval to incinerate municipal garbage from the City of Toronto; and, assuring Council that the Ministry will advise the Municipality on any decision made regarding the application. Council Meeting Minutes - 9 - October 5, 2009 Resolution #C-552-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item 1- 3 from the Honourable John Gerretsen, Minister of the Environment, with respect to burning of municipal garbage from the City of Toronto at the St. Marys Cement Plant, be received for information. "CARRIED" I - 4 Mayor David Miller, City of Toronto, responding to Mayor Abernethy's correspondence concerning the disposition of residual waste from Orgaworld and confirming that all residue from the processing of Toronto compost, as part of Toronto's contract with Orgaworld, will go to Green Lane Landfill, preventing Orgaworld from sending any residual processed waste from Toronto's Green Bin Program to the St. Marys facility. Resolution #C-553-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item 1-4 from Mayor David Miller, City of Toronto, with respect to disposition of residual waste from Orgaworld, be received for information. "CARRIED" 1-5 The Honourable John Gerretsen, Minister of the Environment, responding to Council's correspondence of July 23,2009, pertaining to the "No Waste by '38" initiative; highlighting a number of waste reduction and diversion efforts approved in support of moving towards a sustainable society, including the review of the Waste Diversion Act, 2002, the approval of Waste Diversion Ontario's Used Tire Diversion Program; and the Waste Electrical and Electronic Equipment Program; advising a report will be issued on the review of the Waste Diversion Act, 2002, responding to the comments, concerns and innovative suggestions that have been received; and, extending appreciation to the Municipality and the Region of Durham for their involvement in reducing Ontario's residual waste and encouraging the Municipalities to continue contributing to waste diversion. Council Meeting Minutes - 10- October 5, 2009 Resolution #C-554-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I - 5 from the Honourable John Gerretsen, Minister of the Environment, with respect to "No Waste by '38 Initiative, be received for information; and THAT a copy of Correspondence Item I - 5 be forwarded to the Region of Durham and the area municipalities. "CARRIED" 1-8 The Honourable Rob Merrifield, P.C., M.P., responding to Council's correspondence of July 31, 2009, concerning rural postal services in Clarington; advising on September 12, 2009, the Government announced the Canadian Postal Service Charter establishing the expectations Canadians have for Canada Post and indicating that the provision of postal service to rural regions of the country is an integral part of Canada Post's universal service; and, indicating that as a result, the Government is maintaining the moratorium on the closure of rural post offices. Resolution #C-555-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item I - 8 from The Honourable Rob Merrifield, P.C., M.P., with respect to rural postal delivery, be received for information. "CARRIED" 1-9 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on September 14, 2009, the Township of Uxbridge adopted the following resolution pertaining to the growing gap between health services required for our growing and aging population and the services available: "THAT the Council of the Township of Uxbridge support the Region of Durham's Resolution that the Regional Municipality of Durham plead with the Provincial Government, the LHIN's Lakeridge Health and the Ministry of Health and Long Term Care to ensure that services and treatment will be enhanced and not reduced nor withdrawn from the Bowmanville site." Council Meeting Minutes - 11 - October 5, 2009 Resolution #C-556-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Township of Uxbridge, with respect to the growing gap between health services required for our growing and aging population and the services available, be endorsed. "CARRIED" I - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 23, 2009, Regional Council adopted the following resolution pertaining to the Proposed Durham- Based Research Innovation Centre - Support for a Durham Strategic Energy Alliance - Lead Ontario Network of Excellence Expression of Interest Proposal: "a) THAT the Durham Strategic Energy Alliance (DSEA) - lead proposal submission to the Provincial Ministry of Research and Innovation for the creation of a Durham-based Research Innovation Centre under the Ontario Network of Excellence, be supported; and b) THAT upon approval, this resolution be forwarded to all Durham Members of Provincial Parliament, Councils of all Durham local municipalities, and all Durham Boards of Trade and Chambers of Commerce." Resolution #C-557 -09 Moved by Councillor Foster, seconded by Councillor Woo THAT the resolution from the Region of Durham, with respect to the Proposed Durham-Based Research Innovation Centre - Support for a Durham Strategic Energy Alliance - Lead Ontario Network of Excellence Expression of Interest Proposal, be endorsed. "CARRIED" 1-11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 23, 2009, Regional Council adopted the following resolution pertaining to Update Report on the first four months of operations related to the changes to waste collection levels of service in the Townships of Brock, Scugog and Uxbridge and the Municipality of Clarington, effective March 31, 2009: Council Meeting Minutes - 12 - October 5, 2009 "a) THAT the Regional Municipality of Durham Works and Finance Department staff be authorized to negotiate with Miller Waste Systems during the Fall of 2009 to amend the existing Regional Contract T-434-2008 for transition to 24 collection weeks for leaf and yard waste in the Townships of Brock, Scugog and Uxbridge with collection to commence during the Spring of 2010; b) THAT the amended contract be subject to acceptable costs and terms being negotiated, as determined by the Commissioners of Works and Finance and subject to review by Legal Department staff, with operational cost impacts to be financed through the 2010 and future Solid Waste Operating Budgets; and c) THAT a copy of Report No. 2009-WR-17 of the Commissioner of Works be forwarded to the Municipality of Clarington and Townships of Brock, Scugog and Uxbridge to ensure the residents are properly recognized for their excellent diversion efforts and support in making this transition period a success." Resolution #C-558-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Correspondence Item I - 11 from Regional Municipality of Durham, with respect to the changes to waste collection levels of service in the Townships of Brock, Scugog and Uxbridge and the Municipality of Clarington, be received for information. "CARRIED" 1-14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 23,2009, Regional Council adopted the following resolution pertaining to GO Transit Rail Service extension from Oshawa to Bowmanville and construction of a Rail Equipment Facility in Whitby: "a) THAT through the planning and design of the rail service extension from the City of Oshawa to Bowmanville, in the Municipality of Clarington, GO Transit be requested to: i) Undertake traffic impact assessments for each proposed new GO Transit Station, and for the Town of Whitby maintenance facility, to determine the appropriate access configuration and to identify any Regional road and/or intersection improvements required to accommodate GO Transit traffic; Council Meeting Minutes - 13 - October 5, 2009 ii) Identify the water and sanitary sewer servicing requirements for each station site and the Town of Whitby maintenance facility, so the Regional Municipality of Durham can determine the availability of services and any service upgrades or extensions required to meet GO Transit's needs; iii) Consider the planned Regional road or service improvements that may be affected by the extension of GO Transit rail services; iv) Enter into servicing agreements with the Regional Municipality of Durham, or determine an acceptable alternative arrangement, to address matters of performance, maintenance and ownership associated with Regional road or service improvements that will be undertaken by GO Transit as part of the extension of GO Transit rail services; v) Be responsible for 100 per cent of the project costs, including improvements to Regional roads and services that are necessary to accommodate GO Transit's project; and b ) THAT a copy of Joint Report #2009-J-33 be provided to GO Transit, the Town of Whitby, the City of Oshawa and the Municipality of Clarington." Resolution #C-559-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item I - 14 from the Regional Municipality of Durham, with respect to GO Transit Rail Service extension from Oshawa to Bowmanville and construction of a Rail Equipment Facility in Whitby, be referred to the Director of Engineering Services. "CARRIED" 1- 15 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on September 23,2009, Regional Council adopted the following resolution pertaining to Durham Region Profile - Demographics and Socio-Economic Data, File: D01-04 (2009-P-53 ): "a) THAT Report #2009-P-53 of the Commissioner of Planning be received for information; and b ) THAT a copy of Report #2009-P-53 be forwarded to all Regional Departments, Area Municipalities, School Boards and Public Libraries." Council Meeting Minutes - 14 - October 5, 2009 Resolution #C-560-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I - 15 from the Regional Municipality of Durham, with respect to Durham Region Profile - Demographics and Socio-Economic Data, be received for information. "CARRIED" 1- 17 Gary Cole, President, West Beach Association, forwarding a progress report, on behalf of the cottage community on the West Beach at Port Darlington, highlighting activities that have taken place throughout the spring and summer to improve the appearance and condition of members' cottages and the Beach in general; indicating that during the summer the cottagers held their usual social events, including card parties, barbeques, community suppers, pancake breakfast, horseshoe tournament and screened a special showing of the Hollywood movie "Kills hot" which featured scenes that were shot on the West Beach; and extending an invitation to Members of Council and citizens of Clarington to visit the beach to participate in the Association's activities or enjoy the natural beauty, tranquility and charm of the beach. Resolution #C-561-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item I - 17 from Gary Cole, President, West Beach Association, forwarding a progress report on the West Beach, be referred to the Director of Planning Services. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Item D - 9 was received as a hand out. Resolution #C-562-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT Correspondence Items D - 1 to D - 6 be approved as per the agenda, with the exception of Items D - 1, D - 2 and D - 4. "CARRIED" Council Meeting Minutes - 15 - October 5, 2009 D - 3 Jo-Anne St. Godard, Executive Director, Recycling Council of Ontario (RCO), forwarding an information kit including a promotional poster and postcard and messages from Ontario's Minister of the Environment and RCO program sponsors to assist the Municipality in recognizing and celebrating Waste Reduction Week in Canada and requesting that October 19 to 25, 2009, be proclaimed as "Waste Reduction Week". (Proclaimed) D - 5 David Clark, Executive Vice President Corporate Services and CFO, Veridian Corporation, advising that the current, second amended versions of the Promissory notes established pursuant to transfer by- laws passed under the Electricity Act, 1998, become due on November 1,2009; outlining the terms of the outstanding notes and proposed amendments; and, proposing that a by-law confirming the extension of the maturity date of the Outstanding Notes to November 1,2012 and approving the Note Amending Agreement and the form of the applicable Third Amended and Restated Promissory Note be passed. (Request approved and appropriate by-law be passed) D - 6 Anita Stillman, expressing the importance of the Seniors' Snowclearing service to many seniors who are unable to shovel themselves, who are on fixed incomes, and who wish to remain living independently; and, stating she feels that $80,000 appears to be a small savings in the scheme of Government spending and hoping that the program of aid for seniors in trouble will be allowed to continue. (To be advised of Council's decision with respect to Report COD-058-09) D - 1 Clayton Morgan tendering his resignation from the Clarington Traffic Management Advisory Committee. Resolution #C-563-09 Moved by Councillor Woo, seconded by Councillor Foster THAT Correspondence Item D - 1 from Clayton Morgan, tendering his resignation from the Clarington Traffic Management Advisory Committee, be received with regret and referred to the Municipal Clerk. "CARRIED" Council Meeting Minutes - 16 - October 5, 2009 D - 2 Correspondence has been received from the following individuals advising the Bowmanville Tennis Club is part of Bowmanville's historic core providing a first class outdoor sport facility maintained at no cost to the municipality; expressing concern with the potential loss of the Bowmanville Tennis Courts and the expansion of parking into the local community park as a solution to the parking problems experienced by the Older Adult Association; suggesting the Older Adult Association consider satellite locations to expand their programming; and, urging Council to recognize the club's historic and community value and to find another solution to the parking problem. a) Andrew S. James b) June and Steve Schultz c) Nancy and Stephen Kalotai d) Laurie Lafrance, Kevan Goble and Family e) Janet Rice f) Kelly Knight g) Scott Kelly Resolution #C-564-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item D - 2 from Andrew S. James, June and Steve Schultz, Nancy and Stephen Kalotai, Laurie Lafrance, Kevan Goble and Family, Janet Rice, Kelly Knight, and Scott Kelly, with respect to the Bowmanville Tennis Courts, be referred to staff. "CARRIED" D - 4 James Slyfield advising that he had previously expressed his concerns regarding the Middle Road realignment, as part of the Highway 407 project,; acknowledging that he met briefly with staff and a representative of an agent of the Ministry of Transportation and that the Planning Department expected the Ministry of Transportation to complete the road realignment design and address the consequent impacts on adjacent neighbours; indicating that to date there has been no direct consultation with himself or any of his neighbours concerning road realignment, road elevation changes, existing road removal and re-Iandscaping, driveway design, driveway reconstruction, land ownership concerns or other matters; and listing a number of major concerns he is requesting to be addressed and resolved prior to the Ministry of Transportation taking steps to acquire the property they are planning to expropriate from his land. Council Meeting Minutes - 17 - October 5,2009 Resolution #C-565-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item D -4 from James Slyfield regarding the Highway 407 project, be referred to the Director of Engineering Services, the Director of Planning Services and the Ministry of Transportation. "CARRIED" D - 7 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade Committee, expressing concern with the budget cuts and new chargeable fee of approximately $1,250 for the set up and take down costs of the parade; indicating that there is no funding available in the Parade budget and very limited time to revise the budget and locate extra funds; and, requesting that Council waive these fees for the 2009 Newcastle Santa Parade, given the high cost compared to the parade budget as a whole. Resolution #C-566-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the request from Martha Hendrikx and Joan Kimball, Newcastle Santa Parade Committee to waive the set up and take down costs of the Newcastle Santa parade be received for information. "CARRIED" D - 8 Sandra Sherk, Executive Director, Credit Counselling Services of Durham Region, (CCSRD), an accredited agency providing assistance to families and individuals in dealing with financial challenges; advising of the increase in demand for service as a result of these trying economic times and the difficulty CCSDR is experiencing in trying to find funding to operate their services; and, requesting Council's assistance in helping the CCSDR to find ongoing funding to continue offering much-needed services to the people of the communities they serve. Council Meeting Minutes - 18 - October 5, 2009 Resolution #C-567 -09 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item D - 8 from Sandra Sherk, Executive Director, Credit Counselling Services of Durham Region, (CCSRD), requesting financial assistance to operate their services, be received for information. "CARRIED" D - 9 Don Cooper, President, Poppy Chairman, Royal Canadian Legion Branch 178, regarding the following matters: a) advising the Legion has been approached with a proposal to use their property to build a new Legion with up to 30 units above for seniors and disabled persons, under the Canada- Ontario Affordable Housing Program; requesting comments on the project and on how the municipality would be able to help the Legion fin~ncially; and, b) requesting Council to exempt the fees that the Legion will now have to pay for special event services under Resolution C-4 71-09 for the Remembrance Day Parades as Veterans feel this is an unjust fee and that they are upset that the Municipality wants to charge the Legion for remembering the men and women who fought and died for Canada's freedom; and, requesting exemption for the Road Occupancy Costs for the Newtonville, Orono, Newcastle and Bowmanville Remembrance Day Parades. Resolution #C-568-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item D - 9 from Don Cooper, Royal Canadian Legion Branch 178, with respect to a housing proposal and request for exemption of special event services costs and Road Occupancy Costs, be referred to staff. "CARRIED" Council Meeting Minutes - 19 - October 5, 2009 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report September 28, 2009. Resolution #C-569-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of September 28, 2009, be approved, with the exception of Item #8. "CARRIED" Mayor Abernethy stated a pecuniary interest with respect to Item 8 of Report #1 - Report CLD-017-09 Compliance Audit - John Mutton 2006 Election Campaign as one of the individuals who brought the complaint forward against the individual at the centre of the Compliance Audit was a member of his 2006 Election Campaign, and he competed for the position he now holds with the individual who is at the centre of the Compliance Audit. Mayor Abernethy vacated the Chair and refrained from discussion and voting on this matter. Deputy Mayor Trim chaired this portion of the meeting. Item #8 Resolution #C-570-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-O 17 -09 be received; THAT, in accordance with section 81 (4) of the Municipal Elections Act, Bernard G. Nayman Chartered Accountant be appointed to conduct a second compliance audit of John M~tton's 2006 Mayoral Campaign; and Council Meeting Minutes - 20- October 5, 2009 THAT the interested parties listed in Report CLD-016-09 be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Councillor Foster ..j Councillor Hooper ..j Councillor Novak ..j Councillor Robinson ..j Councillor Woo --J Councillor Trim --J Mayor Abernethy ..j Mayor Abernethy resumed the Chair. STAFF REPORTS Resolution #C-571-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report COD-059-09 be received; THAT Ambler & Co. Inc., Mississauga, Ontario, with a total revised bid in the amount of $136,145.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-37, be awarded the contract for the Solina Road Drainage Improvements, as required by the Engineering Department; THAT Part B (Ditching -"Farmers Field") of the above contra.ct be deferred pending satisfactory negotiations with the property owner; THAT funds required in the amount of $153,000.00 (which includes $136,145.00 tendering, design, contract administration and contingencies) be drawn from Account #110-32-330-83352-7401; THAT the additional funds in the amount of $53,000.00 required to complete the project be transferred from the unspent funds from 2008 Capital for the Beech Avenue Reconstruction; THAT staff be authorized to proceed with Part B of the contract pending successful negotiations with the property owner; and Council Meeting Minutes - 21 - October 5, 2009 THAT the By-law marked Schedule "A" attached to Report COD-059-09 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Resolution #C-572-09 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report COD-060-09 be received; THAT Coco Paving Inc., Oshawa, Ontario, with a total revised bid in the amount of $2,099,521.95 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-38, be awarded the contract for the Concession Road 6 Rehabilitation, as required by the Engineering Department; THAT funds required in the amount of $2,461 ,000.00 (which includes $2,099,521.95 tendering, design contract administration and contingencies) be drawn from Account #110-32-330-83402-7401; and THAT the By-law marked Schedule "A" attached to Report COD-060-09 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Resolution #C-573-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Staff Report #3 - Confidential Verbal Report of the Chief Administrative Officer regarding a Personnel Matter be referred to a closed session of Council to be considered after the Other Information Section of the Agenda. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-574-09 Moved by Councillor Robinson, seconded by Councillor Foster WHEREAS, the Municipality of Clarington's largest source of revenue is obtained from property taxation; AND WHEREAS, Clarington Council is concerned about ensuring that non-residential growth from new construction is placed on the roll in time for the 2009 roll returned for the 2010 tax year; Council Meeting Minutes - 22- October 5, 2009 AND WHEREAS, at present time, MPAC is behind in processing Municipality of Clarington's non-residential property assessments; AND WHEREAS, it is essential for 2010 budget purposes to ease the tax burden on the residential taxpayers by ensuring the new non-residential properties are entered onto the tax roll as soon as possible through the MPAC process; NOW THEREFORE be it resolved that the Council of the Municipality of Clarington request MPAC to place a priority on Clarington's new non-residential property assessments so that these properties will be on the returned roll at the end of 2009 for 2010 taxation; AND FURTHER that this resolution be forwarded to Mr. Michael Porporo, Municipal Relations Representative, Municipal Property Assessment Corporation (MPAC) and John O'Toole, MPP, Durham. "CARRIED" Resolution #C-575-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the following resolution #C-452-09 be reconsidered: "THAT Report COD-051-09 be received; THAT based on the potential for incomplete service for the Senior Snow Clearing Program due to tender bids for part of the municipality only, Council consider deferral of the program for the winter 2009-2010 season; THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing Program is cancelled; THAT in light of the current economic climate resulting in budgetary restraints the 2010 budget deliberations consider the future of this non-core service provision for the 2010/2011 winter season; and THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is proof that their service meets acceptable Municipal standards." "CARRIED" Council Meeting Minutes - 23 - October 5, 2009 Resolution #C-576-09 Moved by Councillor Robinson seconded by Councillor Novak THAT Report COD-051-09 be received; THAT based on the potential for incomplete service for the Senior Snow Clearing Program due to tender bids for part of the municipality only, Council consider deferral of the program for the winter 2009-2010 season; THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing Program is cancelled; THAT in light of the current economic climate resulting in budgetary restraints the 2010 budget deliberations consider the future of this non-core service provision for the 2010/2011 winter season; and THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is proof that their service . meets acceptable Municipal standards. "PARAGRAPHS 1 to 4 LOST, PARAGRAPH 5 CARRIED" (See following motions) Resolution #C-577 -09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the foregoing Resolution #C-576-09 be divided to vote on Paragraphs 1 to 4 separately from Paragraph 5. "CARRIED" The vote on Paragraphs 1 to 4 "LOST ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecuniary Interest Councillor Foster .y Councillor Hooper .y Councillor Novak .y Councillor Robinson .y Councillor Trim .y Councillor Woo .y Mayor Abernethy .y Council Meeting Minutes - 24- October 5, 2009 Resolution #C-578-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow Removal program and other service programs, is rejected on the basis of unacceptable past service, until such time as there is proof that their service meets acceptable Municipal standards. "CARRIED" UNFINISHED BUSINESS Resolution #C-579-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report CLD-019-09 be received; THAT a letter of support be forwarded to Show Kids You Care. "CARRIED" Resolution #C-580-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report COD-058-09 be lifted from the table. "CARRIED" Resolution #C-581-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report COD-058-09 be received; THAT Council provide direction with respect to the provision of the senior's and disabled snow clearing services; THAT, should Council elect to provide the service for the 2009-2010 season by means of contracted services the Manager of Purchasing be authorized to proceed with a bid solicitation process for the provision of the senior's and physically disabled sidewalk snow clearing service for all Clarington areas and report back with the bid results at the earliest possible date; Council Meeting Minutes - 25- October 5,2009 THAT Council provide direction with respect to the application of and the amount of an annual fee to be charged for the provision of the service; and THAT Margaret H. Polman, and other interested parties on record, be advised of Council's decision. "CARRIED AS AMENDED" (See following motions) Resolution #C-582-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the foregoing resolution #C-581-09 be amended to delete paragraphs 2, 3 and 4 and replace with the following: 2. THAT staff be directed to provide a modified version of our previous Senior and Physically Disabled Sidewalk Snow Clearing Service on the basis of the following: a) the property owner would register with the Municipality for the service; and b) there would be an annual administration fee to be pre-paid at the time of registering for the service. 3. THAT the Manager of Purchasing be authorized to proceed with a bid solicitation process for the provision of the senior's and physically disabled sidewalk snow clearing service for all Clarington areas and report back on the bid results at the earliest possible date; 4. THAT the annual administration fee for the 2009/2010 Senior and Physically Disabled Sidewalk Snow Clearing Service be $75 per registered property. "CARRIED AS AMENDED" (See following motion) Council Meeting Minutes - 26- October 5, 2009 Resolution #C-583-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the foregoing resolution C-582-09 be amended to insert the word 'windrow' after the word 'sidewalk' in Paragraphs 2, 3 and 4. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Councillor Foster ...;. Councillor Hooper ...; Councillor Novak ...; Councillor Robinson ...; Councillor Trim ...; Councillor Woo ...; Mayor Abernethy ...; Resolution #C-582-09 was then put to a vote and "CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecuniary Interest Councillor Foster ...; Councillor Hooper ...; Councillor Novak ...; Councillor Robinson ...; Councillor Trim ...; Councillor Woo --:y Mayor Abernethy ...; The foregoing Resolution #C-581-09, as amended, was then put to a vote and "CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecuniary Interest Councillor Foster 7 Councillor Hooper ...; Councillor Novak ...; Councillor Robinson ...; Councillor Trim 7 Councillor Woo ...; Mayor Abernethy ...; Council Meeting Minutes - 27 - October 5, 2009 Resolution #C-584-09 Moved by Councillor Trim, seconded by Councillor Novak THAT the presentations of Glenn Rainbird, O.C., Chair, Veridian Corporation and Michael Angemeer, President and CEO, Veridian Corporation; Laurie Swami, Director, Licensing & Environment Darlington New Nuclear Project, Ontario Power Generation; and, Regina Elliott, Durham Region Health Department, be received with thanks. BY-LAWS "CARRIED" Resolution #C-585-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-131 to 2009-142 inclusive; 2009-131 2009-132 2009-133 2009-134 2009-135 Being a By-law to approve and authorize the execution of a note amending agreement made as of the 31 st day of October, 2009 in respect of second amended and restated promissory notes dated October 1,2006 issued by Veridian Corporation and Veridian Connections Inc. in favour of The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington and The Corporation of the City of Pickering, and to approve the issue of third amended and restated promissory notes dated as of the 31 st day of October, 2009 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Barr's Development Ltd.) Being a By-law to declare the lands more particularly described as portions of Lots 57, 58, 59, 60, 61,62,63,64,65,66,67,85, 86 and 118 and Blocks 190, 191, and 192 on Draft Plan 18T-95028 as set out on Schedules 1, 2 and 3 to be surplus Being a By-law to authorize the Sale and Transfer to 708545 Ontario Limited (Geranium Corporation) the adjacent property owner of portions of Lots 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67,85,86 and 118 and Blocks 190, 191,and 192 on Draft Plan 18T-95028 as set out on Schedules 1, 2 and 3 Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington Council Meeting Minutes 2009-136 2009-137 2009-138 2009-139 2009-140 2009-141 2009-142 - 28- October 5,2009 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington Being a By-law to establish certain lands as public highway, assume them for public use and name them Being a by-law to amend By-law 2007-038 to appoint Members to the Samuel Wilmot Nature Area (Pat Mulcahy) Being a by-law to appoint Members to the Clarington Living Green Community Advisory Committee (Cathrine McKeever) Being a By-law to ,authorize a contract between the Corporation of the Municipality of Clarington and Coco Paving Inc., Oshawa, Ontario to enter into agreement for Concession Roads 7 & 8 Rehabilitation Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ambler & Co. Ltd., Mississauga, Ontario to enter into agreement for Solina Road Drainage Improvements Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Coco Paving Inc., Oshawa, Ontario to enter into agreement for Concession Road 6 Rehabilitation; and THAT the said by-laws be now read a first, second and third time and finally approved. NOTICE OF MOTION "CARRIED" Councillor Foster and Councillor Robinson gave notice that they will be introducing the following motion at the next Council meeting: "WHEREAS the Municipal Elections Act, 1996, requires all candidates to file with the Clerk a financial statement, and auditor's reports as the case may be, reflecting the candidate's election campaign finances; WHEREAS the Act provides for penalties, including forfeiture of office, in the case of a candidate defaulting on the prescribed filing requirements; WHEREAS the Act provides that any eligible elector may apply for a compliance audit of a candidate's election campaign finances where he/she believes on reasonable grounds that a candidate has contravened a provision of the Act; Council Meeting Minutes - 29- October 5, 2009 WHEREAS it is the duty of the Council to consider the application for a compliance audit which places the Council in a most challenging position when required to sit in judgment of whether to conduct a compliance audit on those against whom they contested the election or with they now sit as fellow council members; and WHEREAS the AMCTO Municipal Election Project Team was apprised of numerous issues arising around the Compliance Audit provisions of the Act during the 2003 and 2006 Municipal Elections throughout the province, and concluded the following recommendation to the Minister of Municipal Affairs and Housing: "That section 81 'compliance audits' be reviewed in its entirety and consideration be given to appointing an independent third party to conduct audits." NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington endorse the recommendation of the AMCTO Municipal Project Team pertaining to "compliance audits"; and THAT a copy of this resolution be forwarded to the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, John O'Toole, MPP, Durham and all municipalities within Ontario seeking their support." OTHER INFORMATION Resolution #C-586-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT in accordance with Section 239(2) of the Municipal Act. 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with a personal matter about an identifiable individual including a municipal or local board. "CARRIED" The meeting resumed in open session at 10:19 p.m. The Mayor advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Resolution #C-587 -09 Moved by Councillor Novak, seconded by Councillor Woo THAT Staff Report #3 - Verbal Report of the Chief Administrative Officer regarding a Personnel Matter be received for information. "CARRIED" Council Meeting Minutes - 30- October 5, 2009 CONFIRMING BY-LAW Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Deputy Mayor Trim chaired the remainder of the meeting. Resolution #C-588-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-143, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 5th day of October, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-589-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 10:21 p.m. "CARRIED" MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS October 26, 2009 a) Jon Gale - Paving of Bowmanville Tennis Courts (Correspondence Item D - 1) b) Cathy Abraham - Report CLD-022-09 - Proposed Election Sign By-law (Unfinished Business #2) c) Dale Stewart - Petitions Regarding Green Road Extension North and Intersections of Aspen Springs Drive West and West Side Drive and Abernethy Crescent and West Side Drive (Correspondence Item D - 7) SUMMARY OF CORRESPONDENCE October 26, 2009 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Central Lake Ontario Conservation Authority dated September 15, 2009. (Copy attached) I - 2 Minutes of the Durham Nuclear Health Committee dated September 18, 2009. (Copy attached) I - 3 Durham Regional Police Service forwarding their 2008 Annual Report. 1-4 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on September 23, 2009, Regional Council adopted the following resolution pertaining to Climate Change Science, Greenhouse Gas Emissions Reduction Targets, and strategies to meet those Targets: "a) THAT Council endorse the comments and recommendations outlined in Joint Report #2009-J-37, which summarizes current climate change science, greenhouse gas emissions reductions targets, and cap-and-trade and revenue neutral carbon tax programs as strategies to meet those targets; and b ) THAT a copy of Joint Report #2009-J-37 be forwarded to the Prime Minister of Canada; the Premier of Ontario; the Ministers of Environment Canada, Natural Resources Canada, the Ontario Ministries of the Environment, Energy and Infrastructure, Economic Development, Natural Resources, and Municipal Affairs and Housing; Leaders of the Opposition Parties and their Environmental Critics; AMO; FCM; Durham Region MPs and MPPs; and Durham area municipalities." 1-5 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on September 23,2009, Regional Council adopted the following resolution pertaining to Regional Municipality of Peel Resolution: "a) THAT the following resolution of the Municipality of Peel dated June 4, 2009, with respect to the funding gap in health and social services in the Greater Toronto Area/905, be endorsed: 'WHEREAS, Ontarians believe in the principle of fairness, that fairness defines who we are and how we live; Summary of Correspondence - 2 - October 26, 2009 AND WHEREAS, the high growth communities in Ontario grow at more than twice the rate of the provincial population growth rate and are aging at twice the population rate; AND WHEREAS, population growth in these regions will further intensify due to Ontario's 25-year growth plan, Places to Grow; AND WHEREAS, as of 2008/09 Ontarian's residing in the Local Health Integration Networks (LHINs) within high growth communities are receiving $255 less per resident in provincial funding for local hospital services compared to residents in other LHINs in Ontario, which translates into a $1.4 billion annual operating funding gap for local hospital services - and these provincial funding gaps are worsening each year; AND WHEREAS, residents of the Region of Peel as part of the Mississauga-Halton LHIN and Central West LHIN are receiving $272 less per resident in provincial funding for local hospital services compared to the average Ontarian, which translates into a $272 million annual operating funding gap for local hospital services; AND WHEREAS, Ontarians living in high growth communities of the GTA/905 are receiving $193 less per resident for provincially funded local social services when compared to the average Ontarian, which translates into a $641.9 million annual operating funding gap for local provincially funded social services - and these provincial funding inequities also worsening each year; 'AND WHEREAS, the Government of Ontario has acknowledged the growing funding gaps for hospital services in high growth communities by committing during the 2007 provincial election to provide $100 million in additional annual operating funding to high growth hospitals; AND WHEREAS, the provision of $30 million in hospital growth funding for 2008/09 still means that the provincial funding gap for hospital care continues to widen in high growth communities; Summary of Correspondence - 3 - October 26, 2009 AND WHEREAS, the Government of Ontario has announced that it is developing and will implement a new Health Based Allocation Model (HBAM) to allocate new health care resources to Local Health Integration Networks based on patient care needs and to address health care funding inequities in Ontario; AND WHEREAS, the Government of Ontario has successfully secured from the federal government greater fairness for Ontario resulting in additional funding for Ontario through the Canada Health Transfer; THEREFORE BE IT RESOLVED, that in order to improve timely and local access to health and social services in the Region of Peel and across high growth communities in Ontario, the Council of the Region of Peel asks the Government to: 1. Speed up implementation of the $1 OOm hospital growth funding commitment ensuring the growth funding is targeted to high growth hospitals and provide growth funding for social services; 2. Quickly implement 'Health Based Allocation Model' (HBAM) i.e., population-needs-based funding for provincial hospital and health care services and develop a population-needs-based funding formula for social services; and, 3. Develop a health and social services growth plan for Ontario high growth communities to complement Places to Grow. AND FURTHER, that a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long- Term Care, the Minister of Finance, and Peel-area MPPs, High Growth Communities Mayors and Chairs, and the Mississauga-Halton LHIN and Central West LHIN.'; and Summary of Correspondence - 4 - October 26, 2009 b) THAT the Premier of Ontario, Ministers of Children and Youth Services, Community and Social Services, Finance, Health and Long-Term Care, Health Promotion, Municipal Affairs and Housing, Durham's MPPs and municipalities, Central East LHIN, Chief Medical Officer of Health, alPHa, the Regional Municipalities of Halton, Peel and York, the County of Simcoe and the City of Weiland be so advised." 1-6 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on September 23,2009, Regional Council adopted the following resolution pertaining to Accessibility Advisory Committee Recommendations regarding the Highway 407 East Completion Draft Environmental Assessment Report; and the Notice of Study Commencement and Notice of Public Information Centre for the Preliminary Design and Environmenta.1 Assessment Study for the Widening of Highway 401 from Salem Road to Brock Street in the Towns of Ajax and Whitby: "THAT the Accessibility Advisory Committee forward a letter to the Minister of Transportation with respect to the Preliminary Design and Class Environmental Assessment Study for the widening of Highway 401 from Salem Road to Brock Street in the Towns of Ajax and Whitby requesting that the design and construction of the Henry Street, Lake Ridge Road and Brock Street replacement bridges include adequate provision to accommodate persons with disabilities to ensure their safety when crossing these bridges; AND FURTHER THAT in order to assist persons with physical disabilities the Ministry of Transportation be urged to work closely with the Region to ensure that the design for the sidewalks on the bridges meet the proposed standard within the Accessibility for Ontarians with Disabilities Act (AODA) legislation being a minimum width of 1.8 meters; AND FURTHER THAT a copy of this resolution be forwarded to the area municipalities." 1-7 J. W. Tiernay, Executive Director, Ontario Good Roads Association, (OGRA) forwarding a Nomination/Consent form for the 2010-2011 OGRA Board of Directors for any OGRA municipal member interested in being considered as a candidate for a position on the Board of Directors. The Nomination/Consent form along with a resume is to be submitted no later than October 30, 2009 for consideration by the Nominating Committee in November. Summary of Correspondence - 5 - October 26, 2009 1-8 Association of Municipalities of Ontario (AMO) Alert dated October 6, 2009, advising that applications are being accepted under the Southern Ontario Development Program (SODP), a program established to promote economic development, economic diversification, job creation and sustainable communities in Southern Ontario; that municipalities and non-profit organizations are among the eligible applicants for the Program; that favour will be given to projects that can be started quickly and completed by March 31, 2010, and that priority will be given to organizations or enterprises located in communities with populations of 500,000 or less or to those communities whose economies are less diversified and/or are reliant on a limited number of employers; and, that the application deadline is December 1, 2009. I - 9 Josh Terry, Special Assistant to the Honourable Bev Oda, P.C., M.P., forwarding background information on Canada's Economic Action Plan, including the Harper Government's commitment to providing short-term stimulus to communities hard hit by the recession while delivering long-term funding designed to promote economic growth, job creation and innovation; advising of the launch of the Federal Economic Development Agency for Southern Ontario (FedDev Ontario) an Agency charged with delivering federal economic development programs tailored to the specific priorities of workers, businesses and communities in Southern Ontario; and, advising that applications are now being accepted under the Southern Ontario Development Program (SODP) for projects that will stimulate local economies and enhance the growth and competitiveness of Southern Ontario businesses and communities. I - 10 Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC), advising the Divisional Court has released its decision regarding the appeal of MPAC and the City of Toronto to the Assessment Review Board's (ARB) decision related to the Toronto Bank Towers, confirming the approach that MPAC has used in valuing commercial property across Ontario; indicating the Assessment Review Board's interpretation of the Assessment Act would significantly under-value properties, would not result in a fair distribution of the property tax burden and does not comply with long- standing common law and ordering the matter to be returned to a differently constituted panel of the ARB and to give direction on the application of the decision; advising that representatives for property owners have filed a motion requesting 'leave to appeal' to the Court of Appeal for Ontario and that a timeline as to when the Court of Appeal will hear the leave application is not known; and, advising background information about the decision has been posted to MPAC's website. Summary of Correspondence - 6 - October 26, 2009 1-11 Jaclyn Harper, RN, BScN, Public Health Nurse, Region of Durham, thanking Council for their continued support of the annual "Stop the Madness" campaign, a multifaceted campaign to increase awareness regarding the dangers of aggressive driving; advising the Durham Region Health Department is offering free resources to community agencies to help reduce aggressive driving and promote courteous and safe driving practices; and, enclosing a "Stop the Madness" poster, bookmarks and pamphlets for display. I - 12 Josh Terry, Special Assistant to the Honourable Bev Oda, P.C., M.P., forwarding information on a new component of the Building Communities Through Arts and Heritage (BCAH) program offered through the Department of Canadian Heritage; advising the Legacy Fund, the new initiative will make $4.6 million funding available through three components - Local Festivals, Community Anniversaries and Legacy Fund; and, advising the deadlines for applications to Component 1 - Local Festivals are September 30 and April 30 and that further information is available at www.canadianheritage.gc.ca/communities . I - 13 The Honourable Dalton McGuinty, Premier of Ontario, thanking Mayor Abernethy for forwarding comments regarding planned renovations to the Lakeridge Health Bowmanville Hospital; advising that the Government will continue its work to improve the quality and sustainablility of health care for Ontarians; and, indicating that he has forwarded a copy of the correspondence to the Honourable David Caplan, Minister of Health and Long-Term Care for direct response to the municipality. 1-14 Suzanne Tigwell, Executive Director, Resources for Exceptional Children and Youth - Durham Region, an Agency supporting children and youth with special needs, forwarding a copy of their 2008-2009 Annual Report highlighting accomplishments of the past year, expressing appreciation to community partners who work with the Agency on behalf of the families that they serve; and, advising they look forward to the future as they continue to deliver responsive services to families in Durham Region. Summary of Correspondence - 7 - October 26, 2009 I - 15 Laurie Swami, Director, Licensing and Environment, Darlington New Nuclear Project, Ontario Power Generation (OPG), providing an update on the OPG New Nuclear at Darlington, advising OPG has submitted the Environmental Impact Statement (EIS) and updated application for a License to Prepare Site to the Canadian Nuclear Safety Commission and has initiated other federal approvals; advising that no significant adverse effects on the health and safety of workers, the public or natural environment are anticipated; that the submission will be provided to a federally appointed Joint Review Panel to review and to make a determination as to whether or not there is sufficient information to proceed to a hearing; and, advising OPG will continue to update Council during the review process. 1-16 P. M. Madill, Regional Clerk, Region of Durham, advising Council that on September 23,2009, Regional Council adopted the following resolution pertaining to Discussion Paper on Requirements for the Content and Preparation of Source Protection Plans: "a) THAT Joint Report #2009-J-27 be endorsed and submitted to Ministry of the Environment as Durham Region's response to EBR Posting 010-6726; and b ) THAT a copy of Joint Report #2009-J-27 be forwarded to the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, and Durham Region area municipalities and conservation authorities for their information." I - 17 Linda Laliberte, CGA, CAO/Secretary-Treasurer, Ganaraska Region Conservation Authority, forwarding a copy of the Authority's 2010 preliminary budget for review; indicating the proposed 2010 general levy for Clarington is $349,489.87; highlighting proposed capital projects for 2010; and, advising that the Municipality's comments must be received prior to the Full Authority's meeting scheduled for December 10, 2009, as the decision is binding once the vote is taken and the levy is approved. I - 18 Lynn Philip Hodgson, Historian and Co-Author, Camp 30 - Word of Honour, advising he has read Report PSD-099-09 - Former Boys Training School And Prisoner Of War Camp, 2020 Lambs Road, Bowmanville and supports the report; acknowledging the co-operation of Mr. Whalen of the Kaitlin Group in keeping him informed of the proceedings; and, advising that he may be contacted now or in the future if there is anything he can assist with. Summary of Correspondence - 8 - October 26, 2009 I - 19 Mary Tillcock, Organizer, Clarington Terry Fox Run, advising of the success 'of the Annual Terry Fox Run, indicating that results for Clarington indicate that the 29th Anniversary of Terry's Marathon of Hope has raised over $55,000 for cancer research through the efforts of over 900 participants; and, thanking Mayor Abernethy and Members of Council and staff for support given to Run Day and throughout the planning stages of the Run. CORRESPONDENCE FOR DIRECTION D - 1 Correspondence has been received from the following individuals advising the Bowmanville Tennis Club is part of Bowmanville's historic core providing a first class outdoor sport facility maintained at no cost to the municipality; advising that the public tennis courts have deteriorated due to misuse and are no longer usable; expressing concern with the potential loss of the Bowmanville Tennis Courts and the expansion of parking into the local community park as a solution to the parking problems experienced by the Older Adult Association; suggesting the Older Adult Association consider satellite locations to expand their programming; and, urging Council to recognize the club's historic and community value and to find another solution to the parking problem. a) Caroline Charman b) Jon Gale (Motion to refer correspondence to the Director of Engineering Services) D - 2 Gerry Mahoney, South East Clarington Ratepayers' Association, advising of the unsatisfactory experiences of three of the Association's members related to the Property Valuation Program, Port Granby Project, as they proceed with the process of selling their homes; and, forwarding a proposal in which the Municipality would contract a consultant on an 'as needed basis' to act as a guide to assist the vendor and their realtor in dealing with the Federal Agency to ensure fairness, ease and transparency. (Motion to refer correspondence to the Director of Planning Services) Summary of Correspondence - 9 - October 26,2009 D - 3 Sharon Eccles requesting the opportunity to remain summer residents of the West Beach until such time as the Municipality commences park development, and if realistic, to remain a part of the park thereafter. She feels the cottagers' presence at the beach would assist with security, financial contribution and support of local retailers. Ms Eccles also requests to be notified of when the cottage to the north of hers will be removed in order to avoid damage to her shed which is adjacent to the building. (Motion to refer correspondence to the Director of Planning Services) D - 4 Suzanne and Brian Way expressing concern with excess water flowing onto their property from the uncapped artesian well drilled on the property across the street, indicating that they have been dealing with Councillor Robinson and municipal staff in an attempt to provide a resolve to the situation which has been unsuccessful; and, suggesting that a Professional Engineer be consulted to review the problem and that infrastructure be put in place to address the situation. (Motion to refer correspondence to the Director of Engineering Services) D - 5 Terry Downey, Executive Vice-President, Ontario Federation of Labour, requesting November 6,2009, be proclaimed as "Community Social Services Workers Appreciation Day" to recognize community social service workers in Clarington. (Motion to Proclaim) D - 6 Joyce Jones, Bowmanville Toastmasters Club 3541, Toastmasters International, advising that the Bowmanville Toastmasters Club is celebrating the 22nd Anniversary of receiving their club charter on November 7,2009, and requesting the week of November 8 to 14, 2009, to be proclaimed as "Bowmanville Toastmasters Week", in recognition of the achievements of the Bowmanville Toastmasters Members and Club. (Motion to Proclaim) Summary of Correspondence - 10 - October 26, 2009 D - 7 Dale A. Stewart, submitting a petition on behalf of the residents of Aspen Springs requesting that the Green Road Extension north towards Highway #2 under the CP Rail Bridge be made a pedestrian and bicycle friendly passage, closed to vehicular traffic, with appropriate lighting to address concerns that the school yard at Holy Family Elementary School will experience increasing amounts of carbon monoxide emissions, traffic congestion and noise pollution and new businesses will create a constant traffic flow between Baseline Road and Highway #2; and, submitting a petition on behalf of the residents of Aspen Springs that the intersection of Aspen Springs Drive and West Side Drive be made a 3-way stop and that the joining of Abernethy Crescent and West Side Drive be made a 4- way stop to allow for safer passage for elementary school students, children and caregivers of various day care centres, seniors and buses. (Motion to refer correspondence to the Director of Engineering Services) D - 8 Brent Van Luven, President, Bowmanville and District Navy League, requesting permission for Cadet tagging on April 23, 24, 25 and 26 and September 23, 24, 25 and 26, 2010; to provide an opportunity to exhibit the Cadets to the community and to raise the necessary funds for the Sea Cadet Program. (Motion to approve Sea Cadet Tagging on April 23, 24, 25 and 26 and September 23, 24, 25 and 26, 2010) D - 9 Lisa Janveaux, Community Advantage Rehabilitation Inc., writing together with her client Colleen Hynes to formally request approval of Ms. Hynes' appeal for a "Deaf Child" sign to be posted on Prout Drive in Bowmanville. The correspondence indicates that Ms. Hynes' child is profoundly deaf, faces other challenges and has no understanding of safety risks and has on occasion run out in front of cars, and both she and Ms. Janveaux are extremely concerned for his safety as there are over 60 homes on the street and there are some drivers who travel very quickly on the street. (Motion to refer correspondence to the Accessibility Advisory Committee) Summary of Correspondence - 11 - October 26, 2009 D - 10 Patrick Brown, Administrator, Strathaven Lifecare Long Term Care and Retirement Home, requesting an amendment to By-law 91-58 to permit parking on the east side of Galbraith Court during peak visiting hours from 8:00 a.m. to 5:00 p.m. with no parking being permitted on the west side of the Court in order to address the shortage of parking available for the many families, friends and volunteers who visit residents of the facility; indicating that they have investigated alternative parking arrangements to address the issue on their end but no suitable options are available; and advising that the change would address safety concerns for both visitors and residents of Galbraith Court. D - 11 D - 12 (Motion to refer correspondence to the Director of Engineering Services) Marc Chalifoux, Executive Vice-President, Historica-Dominion Institute, forwarding a copy of the Veteran Appreciation Days Planning Guide and Toolkit, encouraging small to mid-sized communities to plan their own Veteran Appreciation Day, in recognition of the contribution Veterans make in their communities outside the traditional Remembrance Day period; and, suggesting that the community plan a special event and proclaim the date as "Veteran Appreciation Day". (Motion for Direction) Mayor Cam Jackson, City of Burlington, advising Council that on August 18, 2009, the following resolution pertaining to Community Schools Alliance: Resolution Regarding the Accommodation Review Committee process to implement "Smart Moratorium" was approved by members of the Association of Municipalities of Ontario (AMO) and presented to Education Minister Kathleen Wynne: 'WHEREAS communities across Ontario are concerned with the Accommodation Review Committee process and the impact this flawed process has on the socio-economic fabric of our municipalities; AND WHEREAS many schools are the hubs of their communities, a better accommodation review system is needed to add ress the educational facility needs of our residents; AND WHEREAS a system to address the educational facility needs in Ontario must ensure that school boards and municipal councils partner on decisions regarding education infrastructure; AND WHEREAS greater accountability for school board decisions is needed; Summary of Correspondence - 12 - October 26, 2009 AND WHEREAS a thorough review of the governance model for school accommodation decisions must include an opportunity to appeal these decisions; AND WHEREAS the accommodation review process should respect and value the input of students, parents, the community and municipality; THEREFORE BE IT RESOLVED that the Province of Ontario be petitioned to implement a 'smart moratorium' on disputed school closings to provide the opportunity for the Ministry of Education, school boards and municipalities to work together to develop policies addressing such issues as planning for declining enrolments, a mutually agreed upon Accommodation Review Committee process, a review of funding to rural and small community schools, and transparency and accountability between municipalities and school boards. All of which is respectfully submitted and it is recommended: THAT the Council of the Corporation of the City of Burlington endorse this resolution presented in the Mayor's Memo on behalf of Community Schools Alliance to Community and Corporate Services Committee on September 1, 2009 and further: THAT should this resolution be approved by Council, that the resolution be circulated to the Premier of Ontario, the Ontario Minister of Education, Burlington MPP's, GTA Mayors, the Chair and Members of the Halton District School Board and the Halton Catholic District School Board and to the Chair and Board of Directors of the Association of Municipalities of Ontario and the Community Schools Alliance." (Motion for Direction) , .., nO, .'"r'.~" - -If CENTRAL LAKE ONTARIO CONSERVATIOO\A..Ut110RrW39:;32 M I NUT E S N O. 7 AUTHORITY MEETING Tuesdav. September 15. 2009 - 5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE, OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDROOM I - 1 Present: G. Emm, Chair R. Johnson, Vice Chair S. Crawford A. Cullen 1. Drumm R. Hooper D. Mitchell 1. Neal M. Novak M. Pearce P. Perkins 1.R. Powell, Chief Administrative Officer T. Aikins, Planner H. Brooks, Director, Watershed Planning & Natural Heritage G. Geissberger, Marketing & Communications Coordinator R. Hersey, Director, Development Review & Regulation M. Hrynyk, General Superintendent P. Lowe, Director, Watershed Stewardship &Community Outreach P. Sisson, Director, Engineering & Field Operations M. Stauffer, Administrative Assistant/Recording Secretary Absent: A. Foster J. Gray B. Nicholson D. White, Director, Corporate Services G. SooChan, Director, Groundwater ." G. Emm called the meeting to order at 5:00 p.m. DISTR~TION REVIEWED BY , DECLARATIONS of interest by members on any matter herein contained - NONE ADOPTION OF MINUTES ORIGINAL TO: lJ COUNCIL ~NCIL lJ FILE DIRECTION INFORMATION COpy TO: lJ MAYOR lJ MEMBERS lJ CAO a OF COUNCIL lJ COMMUNITY lJ CORPORATE SERVICES SERVICES lJ ENGINEERING lJ MUNICIPAL SERVICES CLERK'S Correspondence item #LLNA28C36, Ministry of Natural Resources/D fth~~~~~el(fM~lfdlPJld i's ~~tSJ!8~ Re: Letter of appreciation re Greenlands Challenge funding grant awa ed to CLOCA . lJ OTHER ' Correspondence from WindReach FannlKatie Sanders & Stephanie Be UtwlltWIlMmihedule 1-)) Re: Letter of thanks/appreciation for CLOCA's contribution to 3rd . Moved by R. Hooper Seconded by P. Perkins THA T the Authority minutes of June 23, 2009 be adopted as circula CARRIED lJ EMERGENCY SERVICES lJ OPERATIONS Res. #78 CORRESPONDENCE (1) 3-1) (2) cont'd.. ...2 AUTHORITY MINUTES MEETING NO.7 - SEPTEMBER 15, 2009 - PAGE 2 (3) Correspondence from CLOCA to Municipality ofClarington/Tom Vendrasco (attached as Schedule 3-3 & 3-4) Re: Giant Hogweed at 1588 Bloor Street, Courtice, ON (4) Correspondence item #NSPG I C44 Ministry of the Environment/John Gerretsen (attached as Schedule 3-5 & 3-6) Re: Minister's decision letter on the Terms of Reference document for the CLOSPA (5) Article from newsdurhamregion.com (attached as Schedule 3-7 to 3-8) Re: Oshawa Neighbours Condemn 'Goldfish Genocide' at Local Pond Res. #79 Moved by P. Perkins Seconded by A. Cullen THA T the above correspondence items be received for information. CARRIED DIRECTOR, DEVELOPMENT REVIEW AND REGULATION (1) Staff Report #4827-09 (attached as Schedule 4-1 to 4-8) Applications forDevelopment, Interference with Wetlands and Alteration to Shorelines and Watercourses - June, July, August, 2009 J. Neal inquired about Permit #S09-096-G, with regard to pre-development conditions and fill materials. R. Hersey noted that all fill material used was tested by consultants and met Ministry of the Environment requirements. Discussion ensued. R. Hooper and M. Novak inquired about Permit #C09-111-G. R. Hersey noted that the permit was issued and all permit conditions have been met. R. Powell informed the applicant to submit any further concerns in writing and request to appear as a delegation at CLOCA's Board of Directors' meeting in November 2009. Res. #80 Moved by J. Neal Seconded by A. Cullen THA T the attached applications be approved and the respective permits be issued. CARRIED (2) Staff Report #4823-09 (attached as Schedule 4-9 to 4-13 - report previously circulated to Members and Staff) Chalk Lake Capacity Study G. Emm thanked staff for the excellent report. M. Pearce and P. Perkins asked who would be responsible for the homeowner's information package to advise property owners of practices they should follow to lessen their potential phosphorus loading into the environment? P. Lowe advised that CLOCA has upcoming information workshops and would extend invitations to residents of Chalk Lake. Disfussw.n.eiiiif~:'.'.:::;u::..':.~ --.~ i ~~._, '~Jf., i...J' ~- to,Oj,. \ t l ; \! .. Res. #81 f.. Moved by M. Pearce ~ "'''.''-Sec-otlded by P. Perkins , THAT Staff Report #4823~f)9 be received and that the Authority endorse the Chalk Lake Capacity Study and its f recommendations; THA T the Authority support and maintain a continued seasonal monitoring programme as part of the Lake Partner Programme, to be reviewed concu"ently with the 5-year review of the Lynde Creek Watershed Plan; THAT the Lynde Crtfek Wqtershed Plan have regard to the Chalk Lake Capacity Study and incorporate recommendationsfrom the. Study as appropriate to the Watershed Plan; and, THA T this report and a copy (CDID VD) of the Chalk Lake Capacity Study be provided to the Townships of Scugog and Uxbridge, The Regional Municipality of Durham, the Ministry of Environment Lake Partner Programme, and those 8 pprtiesfrom the project start-up Open House requestingfurther information and notification of results. . I CARRIED ; i l \. , , , , .. I j , cont'd.. ...3 L::: . i AUTHORITY MINUTES MEETING NO.7 - SEPTEMBER 15, 2009 - PAGE 3 (3) Res. #82 (4) Res. #83 (5) Res. #84 Staff Report #4830-09 (attached as Schedule 4-14 to 4-17) Application for Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Applicant: Mrs. G. Saunders Location of Site: 165 Laurel Court, Oshawa Watercourse: HamlOny Creek Moved by M. Novak Seconded by A. Cullen THA T the application be APPRO VEn for the following reasons: (1) The proposed works will not adversely affect flooding or flow, nor negatively affect the floodplain and is to replace an existing deck. CARRIED Staff Report #4831 (attached as Schedule 4-18 to 4-21) Application for Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Applicant: Gilbert Ostroski Location of Site: 3494 Simcoe Street North, Oshawa Watercourse: Oshawa Creek Moved by P. Perkins Seconded by S. Crawford THA T the application be APPRO VEn for the following reasons: 1) The proposed works will not adversely affect flooding or flow, nor negatively affect the floodplain. 2) The proposed banks of the pond will be at existing grade and all fill from the pond will be removed from the floodplain. CARRIED Staff Report #4833-09 (attached as Schedule H-3 to H-6) Application for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Applicant (Owner): D.G. Biddle And Associates On Behalf Of Mr. Paul Kim Application(S): Application For Development - Proposed Cut And Fill Location Of Site: 1569 Simcoe Street North, Oshawa Part of Lot 10 & 11, Concession 4 Watercourse: Oshawa Creek Moved by P. Perkins Seconded by S. Crawford 1) THAT, StafJreport #4833-09 be approved; 2) THAT, the Authority "Approves in Principle" the submitted "cut and fill" proposal for 1569 Simcoe Street North; and, 3) THAT, a permitfor the proposed works be issued, once Authority staff have received appropriate detailed site grading, erosion and sediment control and development plans for the subject area. CARRIED (I) DIRECTOR, WATERSHED STEWARDSHIP AND COMMUNITY OUTREACH Res. #85 Staff Report #4825-09 (attached as Schedule 5-1 to 5-3) Partnerships with Secondary Schools in Durham Region Moved by P. Perkins Seconded by R. Hooper THA T Staff Report #4825-09 be received for information. CARRIED cont'd.....4 AUTHORITY MINUTES MEETING NO.7 - SEPTEMBER 15, 2009 - PAGE 4 (2) Staff Report #4826-09 (attached as Schedule 5-4 to 5-6 - report previously circulated to Members & StafJ) Central Lake Ontario Conservation, a Watershed Checkup Report 1. Neal inquired about non-agricultural source materials and Provincial Groundwater Monitoring Network (PGMN) wells. R. Powell noted that PGMN wells are part of a province wide system and do not lend themselves to dealing with site specific situations unique to a single area. For this report, only chlorides and nitrogen are portrayed to provide a comparison to other watershed health monitoring efforts across the province. Discussion ensued. Staff to report back to Members on PGMN results at appropriate intervals. M. Novak noted that the legends on the watershed maps were confusing. P. Perkins inquired if it would be beneficial to include municipal boundaries on the mapping? P. Lowe indicated that these items would be revised in the fmalized document, prior to distribution. M. Novak inquired about inconclusive data. Discussion ensued. Res. #86 R. Johnson arrived at 5:35 p.m. (3) Res. #87 Moved by J. Neal Seconded by S. Crawford THA T Staff Report #4826-09 be reviewed, and Board members provide feedback to staff by September 29, 2009 at which time staff will finalize the document and prepare supporting web, printed and promotional pieces for distribution. CARRIED Staff Report #4828-09 (attached as Schedule 5-7 to 5-10) Education Update 2008-2009 Moved by A. Cullen Seconded by R. Hooper THA T Staff Report #4828-09 be received for information; and, THAT Board members support the recommendations for enhancing our 2009/10 Environmental Education Programs. CARRIED (1) DIRECTOR, ENGINEERING AND FIELD OPERATIONS Res. #88 (2) Res. #89 Staff Report #4824-09 (attached as Schedule 6-1 & 6-2) Infrastructure Stimulus Funding - Purple Woods Conservation Area Maple Syrup Festival Facility Moved by 1. Neal Seconded by R. Johnson THA T Staff Report #4824-09 be received for information; THAT the CLOCA Board of Directors endorses the Purple Woods Conservation Area Maple Syrup Festival Facility project; and, THA T staff be directed to submit an application for Infrastructure Stimulus Funding. CARRIED Staff Report #4829-09 (attached as Schedule 6-3 to 6-7) Heber Down Conservation Area - Recreation Infrastructure Canada Trail Upgrades Moved by 1. Drumm Seconded by R. Hooper THA T Staff Report #4829-09 be received for information. CARRIED cont' d.....5 AUTHORITY MINUTES MEETING NO.7 - SEPTEMBER 15, 2009 - PAGE 5 DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE & DIRECTOR, DEVELOPMENT REVIEW & REGULATION (1) Staff Report #4832-09 (attached as Schedule H-l to H-2) Bank Stabilization Works on Harmony Creek Branch 1; Permit #: 009-l04-GFHA; IMS: RPRG3296 R. Powell made a presentation to the Board. Discussion ensued. Res. #90 Moved by P. Perkins Seconded by M. Pearce THA T Staff Report #4832-09 be received; THA T CLOCA staff conduct a re-education program with member municipalities regarding municipal works and the permitting process; and, THA T CLOCA 's member municipalities ensure that their responsibilities with respect to fulfilling conditions of Authority permits are satisfied. CARRIED ADJOURNMENT Res. #91 Moved by R. Johnson Seconded by J. Neal THA T the meeting adjourn. CARRIED The meeting adjourned at 6:05 p.m. 'f LOCATION DATE TIME MEMBERS PRESENTERS/ OBSERVERS REGRETS A,GE';~ c'~ ft l'090Cr08 F't1 3:32:50 DURHAM NUCLEAR HEALTH COMMITTEE (DNHC) MINUTES OF MEETING 1- 2 McLean Community Centre 95 Magill Drive Meeting Room 3 Town of Ajax, Ontario OCT - 6 September 18, 2009 , .....~-.:~.-ooiIi~~~<:tI;)iI:~~--..iI 1 :00 PM Dr. Robert Kyle, Durham Region Health Department (DRHD) (Chair) Ms. Mary-Anne Pietrusiak, DRHD Dr. Dave Whillans, Ontario Power Generation (OPG) Dr. Anthony Waker, University of Ontario Institute of Technology Mr. Phil Dunn, Ontario Ministry of the Environment (MOE) Ms. Norma Drummond, Public Member Mr. Marc Landry, Public Member Dr. Barry Neil, Public Member Mr. Jansen Wu, Public Member Mr. Hardev Bains, Public Member Mr. Brian Devitt, DRHD, (Secretary) Mr. Ivan Cuicuira, Durham Region Emergency Management Office (presenter) Ms. Rachel Lane, Canadian Nuclear Safety Commission (presenter) Mr. Andj Dominski, MaE (Presenter) Mr. Michael DeVillers, MOE (Presenter) Ms. Sue Stickley, ABCL, Port Hope Area Initiatiy.tleresenla.___. Ms. Judy Herod, ABCL, Port Hope Area Initiati~e 015,' Tni,~, nON Mr. Don Terry, OPG (Presenter) ! ". " ' ,. I . S . G (P) P,l' vi, NtLJ EY Ms. LaUrIe warnI, OP resenter ' M D B OPG ORIGiNAL TO: r. oug rown, ,./ .. '.J [',IINeIL ~COUNCIL Q FILE Mr. NIck Mahahc, OPG I OlilLCliON INFORMATION Ms. Lindsay Dafos, OPG I COpy TO: Mr. Jacques Perreault, DRHD \ U MAYOR Ms. Janice Szwarz, Municipality ofClarington Ms. Anne-Marie Holt, Haliburton Kawartha Pin Health Unit Ms. Maria Veronica Sevilla, Representative fro Q MEMBERS Q CAD OF COUNCIL Ri!:tWMLMsil:CLlRPORATE CJ EMERGENCY ~~" lTl~VICES SERVICES Q [NGINEERING CJ MUNICIPAL CJ OPERATIONS the~\t~n1Um~S CJ PLANNING CJ SOLICITOR CJ TREASURY SERVICES Mr. Ken Shrives, Public Member Mr. Alex Heydon, Public Member Ms. Lorraine Weigel, Public Member CJ OTHER MUNICIPAL CLERK'S FILE A 0 \ DJ Mr. Frank Bajurny, OPG Mr. Ken Gorman, DRHD .. . Robert Kyle opened the meeting and welcomed everyone. 1.0 Adoption of the DNHC Agenda The Revised Agenda was adopted 2.0 Adoption of the DNHC Minutes of the June 19, 2009 meeting The Minutes were adopted with editorial revisions to 4.3, 4.4 and 4.5 as provided to Brian Devitt by Tho-Dien Le from OPG. 3.0 Correspondence 3.1 Robert Kyle's office received the minutes of the meetings ofthe Pickering Nuclear Generating Station Community Advisory Council for May and June 2009. 3.2 Robert Kyle's office received the report from the C.D. Howe Institute concerning Canada's Nuclear Crossroads dated June 2009. 3.3 Robert Kyle's office received the Staff Report of the Canadian Nuclear Safety Commission (CNSC) concerning the 2008 Safety Assessment of Canadian Nuclear Power Plants dated June 11, 2009. 3.4 Robert Kyle's office received the presentation notes of Kevin Scissons, Director of the CNSC, concerning Canada's Nuclear Regulator dated June 15,2009. 3.5 Robert Kyle's office received the Performance Report from OPG concerning the Darlington Vacuum Building Outage completed on May 25, 2009 and the report was dated June 17,2009. 3.6 Robert Kyle's office received the report commissioned by the Government of Saskatchewan concerning Exposure to Radiation and the Health Outcomes dated June 23, 2009. 3.7 Robert Kyle's office received the news release from George Smitherman, Deputy Premier and Minister of Energy and Infrastructure, announcing that Ontario has suspended the nuclear procurement process for two nuclear .reactors planned for Darlington Nuclear and the news release was dated June 29,2009. 3.8 Robert Kyle's. office received the Summary Report of the Nuclear Waste Management Organization (NWMO) Dialogue with the DNHC held on May 28, 2009 and Summary Report was dated July 3, 2009. 2 3.9 Robert Kyle's office received the news release from the CNSC concerning the Health of Nuclear Workers and People Living Near Nuclear Power Stations in Canada dated July 3, 2009. 3.10 Robert Kyle's office received a letter from Laurie Swami, Director Licensing and Environment for OPG, concerning the announcement from the Minister of Energy and Infrastructure Ontario about the procurement process being suspended but that OPG would be continuing with the federal approvals process for the new nuclear reactors at the Darlington Nuclear site and the letter was dated July 13,2009. 3.11 Robert Kyle's office received the news release :from the CNSC concerning the safety of the CANDU reactors dated July 17, 2009. 3.12 Robert Kyle's office received a news release from the Atomic Energy of Canada Limited (AECL) concerning recent events at the Chalk Lake Laboratories dated July 22,2009. 3.13 Robert Kyle's office received a news release from MDS Nordion concerning a submission of interest to the Government of Canada about medical isotopes and generator production at the.MAPLE Reactors dated July 30,2009. 3.14 Robert Kyle's office received a news release from AECL concerning the proposal by MDS Nordion to use MAPLE Reactors for the short-term answer to the global medical isotope shortage but it will take about 5-6 years to be operational dated July 31, 2009. 3.15 Robert Kyle's office received the newsletter from the NWMO dated August 2009. 3.16 Robert Kyle's office received the protocol developed by AECL and CNSC for the restart of the NRU Reactor at the AECL Chalk River Laboratories dated August 14,2009. 3.17 Robert Kyle's office received the written submission from the Municipality of Clarington to the CNSC' Hearing on the Port Granby Screening Report dated August 11,2009. 3.18 Robert Kyle's office received the CNSC Staff Report and Recommendations on the Port Granby Screening Report dated August 2009. 3.19 Robert Kyle's office received the CNSC Record of Proceedings including the Reasons for Decision on the Port Granby Screening Report dated August 17,2009. 3.20 Robert Kyle's office received a news release from the CNSC announcing its favorable decision on the Port Granby Screening Report dated August 19, 2009. 3.21 Robert Kyle's office received a news release from Natural Resources Canada concerning their announcement to clean-up the low-level radioactive waste in the 3 Municipality of Clarington with a long-term waste management facility in Port Granby dated August 19,2009. 3.22 Robert Kyle's office received the Screening Report for the Port Granby Long- Term Low-Level Radioactive Waste Management Project dated August 2009. 3.23 Robert Kyle's office received a news release from ABCL concerning the NRU Reactor at Chalk River dated August 27,2009. 3.24 Robert Kyle's office received a news release from the CNSC concerning the Nuclear Power Industry Safety Performance Reports and Report Cards dated August 27,2009. 3.25 Robert Kyle's office received a news release from the CNSC concerning tritium levels in drinking water of communities around nuclear facilities and they do not pose a health threat dated August 27, 2009. 3.26 Robert Kyle's office received a news release from ABCL indicating the NRU Reactor in Chalk River will return to service in the first quarter of 2010 dated September 3,2009. 3.27 Robert Kyle's office received a news release from ABCL announcmg Senior Management Appointments dated September 9, 2009. 3.28 Robert Kyle's office received a news release from the CNSC announcing it has completed the Pre-Project Design Review of the ABCL Advanced CANDU Reactor (ACR-l 000) and concluded there are no fundamental barriers to licensing the ACR-IOOO in Canada dated September 10, 2009. 3.29 Robert Kyle's office received a news release from ABCL's President highlighting the need for the nuclear energy industry to work together to deliver the promise of the nuclear renaissance dated September 11,2009. 4.0 Nuclear Power / Environmental Issues 4.1 Report from the Ministry of the Environment on Environmental Compliance at Pickering and Darlington Nuclear Power Facilities Andj Dominski, Director, Sector Compliance Branch, and Michael DeVillers, Provincial Officer of the Ministry of the Environment (MOE), provided a presentation on the inspections to be conducted at Pickering and Darlington Nuclear Generating Stations (NGSs). The highlights of Andj's and Michael's presentation were: . An overview of the MOE Sector Compliance Branch and its roles are: o Province-wide coverage is provided o Sector approach is used o Inspections are planned 4 o MOE partners with industry groups to improve sector compliance levels o The Sector Compliance Branch pilots leading-edge practices and technologies for the rest of the MOE o Results of inspections are used to assess trends, gaps and issues in order to support MOE decision making o Rapid deployment of staff is used o Support of District Offices ofMOE is used o Risk-based strategy approach is used · The provincial and federal jurisdictional roles over NGSs are: o The federal government has jurisdiction over nuclear power facilities o The CNSC maintains regulatory oversight in operating NGSs o The provincial law of general application applies when it conflicts with federal legislation and each situation must be examined to determine if provincial law is applicable · In 2007, the MOE conducted inspections of the Bruce Power NGS and the OPG Western Waste Management Facility. . The inspections of these facilities were conducted by a team of 6 MOE officers over 2 weeks and numerous administrative issues were identified. . Bruce Power and OPG complied with the Notice of Violation and Order issued and both sites are in compliance with the MOE requirements. . Similar inspections of Pickering and Darlington NGSs will be conducted by the MOE Sector Compliance Branch before year end 2009. Andj Dominski indicated the DNHC will be provided with an update on the MOE inspections of Pickering and Darlington NGSs in the next few months. For more information on the MOE Sector Compliance Branch contact Michael De Villers at (416) 212-6689 or bye-mail atMichael.DeVillers@ontario.ca. The overheads used in this presentation are attached as Appendix 1. 4.2 Progress Report on Nuclear Emergency Preparedness in Durham Region Ivan Cuicuira, Director, Durham Emergency Management Office (DEMO), provided a presentation on nuclear emergency preparedness in Durham Region. The highlights ofIvan's presentation were: . DEMO is responsible for the effective mitigation, preparedness, response and recovery in case of an emergency in Durham Region. . DEMO has 5 staff and they are on call 24 hours per day, 7 days per week, to respond to an emergency. . Nuclear emergency planning is a pert of the overall emergency preparedness in Durham Region. . DEMO's emergency management program includes developing plans, training staff, conducting exercises and public education. . The Provincial Nuclear Emergency Response Plan was approved by Cabinet in February 2009. 5 . Draft Pickering and Darlington NGSs site specific emergency plans have been issued and should be approved by year end. . Some major changes to the new Provincial Nuclear Emergency Response Plan are: o The public alerting standard has been extended to 10 kilometre zones from NGSs o The evacuation strategy has been modified to speed up evacuation o There will no longer be a Joint Information Centre o Host municipalities will be selected for reception, care and shelter of peopl~ evacuated o Provincial powers have been increased to allow emergency orders and directives to be issued . The installation of a public alerting system, using strategically located sirens within 3 kilometres of .Pickering and Darlington NGSs has been completed and tested but additional sirens may be required in the City of Pickering. . DEMO will conduct several training exercises in October and November 2009 to test plans for the Regional Operation Centre, Evacuation Centres, 8 Municipal Exercises, Siren Tests and the Autodialer System. Ivan Cuicuira can be reached at (905) 668-4113 extension 6260 or bye-mail at ivan.cuicuira@durham.ca for more information on emergency preparedness. 4.3 Progress Report on the New Nuclear at the Darlington EA Project Laurie Swami, Director, Licensing and Environment for OPG, provided an update of the New Nuclear at Darlington EA Project. The highlights of Laurie's presentation were: . In June 2006, OPG was directed by the Ontario Minister of Energy to begin a federals approval process, including an EA, for the new nuclear units at an existing NGS site . In September 2006, OPG submitted an Application for Approval to Prepare a Site for the Future Construction of a Nuclear Power Facility to the CNSC. . In April 2007, OPG submitted a Project Description to the CNSC for the Darlington site. . On June 29, 2009, the Ontario Ministry of Energy and Infrastructure announced that the Ontario Government suspended the "Request for Proposal" process to procure two reactors for the Darlington Site due to concern about pricing and the uncertainty around AECL's future. . In July 2009, OPG indicated it will continue with the EA and licensing activities to obtain federal approvals necessary for the site preparation at Darlington. . In September/October 2009, OPG will submit the Environmental Impact Statement (EIS) to the CNSC that is approximately 1000 pages with 28 technical support documents of more than 9000 pages and approximately 4000 pages for the Licence to Prepare the Site (LTPS). . The L TPS Application to the CNSC is: o To demonstrate the site is appropriate for a NGS 6 o To define the site layout and activities to be undertaken o To describe the management programs that will govern the activities to be carried out · The site preparation activities includes: o Land clearing, excavation, and grading for the NGS o Construction of environmental monitoring and mitigation systems o Installation of fencing and access control infrastructure o Establish site access control · Over 50 different permits and approvals may be required over the course of the project. In conclusion, Laurie indicated that OPG is confident the results of this assessment and taking into account the proposed design and mitigation measures, that the New Nuclear at Darlington Project will not result in any significant adverse environmental effects. OPG recommends that the Joint Review Panel accept these conclusions as the basis for recommending to the Minister of the Environment that the EIS be accepted as it is within the Minister's authority under the Canadian Environmental Assessment Act. From a CNSC licensing perspective, the site is appropriate for a nuclear power plant and CNSC requirements are satisfied. Laurie Swami or her associates will provide regular updates to the DNHC on the progress of the New Nuclear at Darlington Project. More information on the Project is available at 1-866-487-6006 or the OPG web site www.opg.com/newbuild. The overheads Laurie used are attached as Appendix 2. 4.4 Progress Report on the Port Granby EA Project Sue Stickley, Member of the ABCL Port Hope Area Initiative Team (pHAI), provided a presentation on the Port Granby Project. The highlights of Sue's presentation were: . Progress made on the Port GranbyProject's significant milestones are: o In 2006, the Municipality of Clarington consented to the 16 volume Environmental Assessment Study Report to the Responsible Authorities (RA) by the PHAI o In September 2008, the addendum to the EA was also submitted to RAs by the PHAI o In May 2009, the Draft Screening Report was released by the RAs for public review and comment o On June 17,2009, the comment period on the Draft Screening Report closed .0 On August 19, 2009, the Port Granby Screening Report was approved and the decision on the EA was announced by the CNSC and Natural Resources Canada 7 o In the Fall 2009, the Municipality of C1arington will review and comment on the EA decision . The Port Granby Screening Report highlights are: o Conforms to the EA prediction of no significant adverse environmental affect caused by conducting the Project o Requires mitigation measures for the effects outlined in the EA Study Report o Follow-up actions on both socio-economic and natural environment is required by the RAs o RAs responded to 188 comments contained in 10 submissions received o Public complaints resolution process is required . The public consultation process will continue and the next meeting is on October 7,2009 at the Newtonville Town Hall at 7:00 p.m. . In the Winter 2009, the CNSC is expected to announce the licensing decision for the Port Granby Proj ect. Sue Stickley can be reached at (866) 255-2755 or bye-mail at stick1evs@aecl.ca for more information on the Port Granby Project. 5.0 Health Effects 5.1 Report from the CNSC concerning the SyntheSis Report: Understanding Health Studies and Risk Assessments conducted in the Port Hope Community from 1950s to the Present Rachel Lane, Epidemiologist, Directorate of Environmental and Radiation Protection and Assessment for the CNSC, provided a presentation on the Synthesis Report. Its objective was to compile information based on several lines of evidence to assess if any health effects are associated with past and present activities of the radium and uranium refining and processing industries in Port Hope, Ontario. The highlights of Rachel's presentation were: . The background of significant issues resulting in the need for the report are: o Radium and uranium processing facilities were first established in Port Hope in 1932 and continue to operate today o Early waste management practices resulted in contamination throughout the community o The potential health impacts from past and present uranium facilities in Port Hope has been the subject of public concern o An initial request was made by the CNSC Commission in November 2006 for CNSC staff to prepare a written summary of all health studies that have taken place in Port Hope over the years. o The CNSC made a commitment to the Mayor of Port Hope in 2007 to present the findings of this comprehensive review in a public forum in the Port Hope community. . A weight of evidence approach was taken using four lines of evidence and the lines of evidence are: 8 o The plausible health effects of exposure to low-level radioactive waste and other contaminants within the town were determined, based on international radiological and toxicological information, for uranium to kidney disease, radon to lung cancer and radium to bone cancer o The CNSC reviewed over 30 environmental studies and analyzed and measured the environmental concentrations of contaminants and compared them with national and international benchmarks to assess potential risk o The CNSC reviewed 13 epidemiological studies that described the health of residents and nuclear workers compared to that of the general population and assessed the relationship. between radiation exposures and health effects. Data from these studies spanned more than 70 years were compared and found to be consistent with each other. o The study findings from Port Hope were compared with over 40 epidemiological studies of similar populations and exposures conducted in other countries. The study findings for Port Hope residents and workers were found to be consistent with studies of similar populations and exposures conducted in other countries . The CNSC reviewed and synthesized all of these studies to assess the potential health effects of Port Hope's past and present industry for radium and uranium refining and processing. . The CNSC individually reviewed and compared environmental and epidemiological studies and their conclusions were: o Levels of exposure in Port Hope to radiological and non-radiological contaminants are low and are below levels known to cause adverse health outcomes o There is no evidence of health effects as a result of the past and present activities of the Port Hope nuclear industry o Findings from environmental and epidemiological studies are consistent and support each other and are consistent with other studies of similar exposure and similar populations conducted in other countries o The Port Hope findings were consistent with international scientific understanding of the human health effects of radiation and toxicity of uranium and contaminants found in Port Hope Rachel indicated that based on the comprehensive review and synthesis, the CNSC concluded that no adverse health effects have occurred or are likely to occur in Port Hope as a result of the nuclear industry's operation in the town. Rachel Lane indicated more information on the Synthesis Report: Understanding Health Studies and Risk Assessments conducted in the Port Hope Community from the 1950s to the Present is available at the CNSC website at nuclearsafety.gc.ca. The overheads Rachel used are attached as Appendix 3. 9 6.0 Communications 6.1 Community Issues at Pickering Nuclear Don Terry, Manager of Public Affairs at Pickering Nuclear, provided an update on Community Issues at Pickering Nuclear. The highlights ofDon's presentation were: . Units 1, 5, 6, 7 and 8 are operating at full power and unit 4 was shut down this week for unplanned maintenance. . A fish diversion net around the mouth of the cooling water intake began in July and will be completed by year end. . Pickering Nuclear is working with several community partners on environmental issues. . Pickering Nuclear offered weekly musical Waterfront Concerts that drew about 500 people on Thursday evenings. . OPG was one of seven companies recognized as Pacesetters for their leadership by the Ajax-Pickering-Uxbridge United Way. . Don Terry was part of the organizing committee of the Annual Mayors' Charity Classic golf tournament that raised $185,000 for the Rouge Valley Ajax-Pickering Hospital this year and over the past 14 years has raised more than $2,000,000. . The Pickering Neighbours newsletter will be delivered to residents in October. Don Terry, Manager of Public Affairs at Pickering Nuclear, can be reached at (905) 839-1151 extension 5966 or bye-mail at don.terrv@opg.com for more information. 6.2 Community Issues at Darlington Nuclear Don Terry provided an update on the community issues at Darlington Nuclear for Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, who could not attend the meeting today. The highlights ofDon's presentation were: . Units 1, 2, 3 and 4 are operating at full power. . Darlington Nuclear is working with several community partners on environmental issues. . OPG is a sponsor of the Durham Strategic Energy Alliance event Building Sustainable Communities and The Day of Hope and Leadership both events will be held on October 1, 2009. . The Darlington Neighbours newsletter will be delivered to residents in October. Jennifer Knox, Manager of Public Affairs at Darlington Nuclear, can be reached at (905) 697-7443 bye-mail at Jennifer.knox(cV,opg.com for more information. 6.3 Don Terry provided additional information for both Pickering and Darlington Nuclear as follows: . Wayne Robbins, Chief Nuclear Officer, was named the Leader of the Year by the Ontario Energy Association. 10 · J acquie Hoornweg, Director Nuclear Public Affairs, was named the chair of the Durham Strategic Energy Alliance for 2009. · Pat McNeil, Senior Vice-President of Nuclear Generation Development, was awarded the 2009 Howard Sokolowski Award by the Rouge Valley Health System for his years of work supporting health care in the community. 7.0 Other Business 7.1 Topics Inventory Update Robert Kyle indicated the Topics Inventory will be revised to include the presentations made today and it is attached as Appendix 4. 7.2 Brian Devitt indicated the scheduled DNHC meetings for 2010 are: . January 15 to be hosted by the Health Department . April 16 to be hosted by UOIT . June 18 to be hosted by Pickering Nuclear . September 17 to be hosted by Darlington Nuclear . November 19 to be hosted by the Health Department 7.2 Future Topics for the DNHC to Consider Robert Kyle indicated the topics for discussion at the next meeting on September 18, 2009 or future DNHC meetings may include: . Report from the Nuclear Waste Management Organization . Report from OPG on their Waste Management Facilities . Report from CNSC on 2008 Report Cards for Pickering and Darlington . Report on recommended changes to drinking water standards for tritium . Report on the use and supply of medical isotopes in Canada . Progress Report on the New Nuclear at Darlington Project . Report from the DRHD concerning HINI planning 8.0 Next Meeting Date November 20, 2009 Time 12:00 PM Lunch served 1 :00 PM Meeting begins Location Courtice Community Complex 2950 Courtice Road Clarington, Ontario 9.0 Adjournment at 4:15 PM 11 181ingl.... ,',OIL Energizing OI1lario REPORT #1 REPORT TO COUNCIL MEETING OF OCTOBER 26, 2009 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, OCTOBER 19, 2009 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-030-09 Monthly Report On Building Permit Activity For September, 2009 (b) ESD-011-09 Monthly Response Report - September 2009 (c) CLD-020-09 Health Canada Survey (d) FND-027-09 Report On Revenue Sensitive To Economic Conditions- August 2009 (e) Presentation Greg Ashbee, Senior Project Engineer With Go Transit Regarding The Ea For Go Rail Service Expansion To Bowmanville 2. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF SEPTEMBER 3, 2009 AND OCTOBER 1,2009 THAT Report PSD-094-09 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on September 3,2009 for applications A2009-0029 through A2009-0031 and on October 1, 2009 for applications A2009-0034 through A2009-0036, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on October 1, 2009, for applications A2009-0032, A2009-0033 and A2009-0037 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 2 October 5, 2009 3. PROPOSAL FOR CLIMATIC ASSESSMENT FOR TENDER FRUITS THAT Report PSD-095-09 be received for information; THAT the Regional Rural Economic Development Officer and the Clarington Board of Trade be thanked for their interest and pursuit of this project and be encouraged to continue to work on obtaining the necessary funding for this project; and THAT all interested parties be notified of Council's decision regarding Report PSD-095-09. 4. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PRESTONV ALE HEIGHTS LIMITED THAT Report PSD-096-09 be received; THAT the request for Removal of Part Lot Control with respect to Lots 61,77,78, 105,106,109,110, Blocks 177, 178, 179, 182 and 183 on Plan 40M-2148, be approved and that the Part Lot Control By-law attached to Report PSD-096-09 be passed pursuant to Section 50(7.1) of the Planning Act and a copy be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-096-09 and any delegations be advised of Council's decision. 5. PORT GRANBY PROJECT MUNICIPAL CONSENT TO THE EA SCREENING PROJECT THAT Report PSD-097-09 be received; THAT the following resolution be approved: WHEREAS on June 26, 2006, the Council of the Municipality of Clarington agreed to give its consent to the Low Level Radioactive Waste Management Office to submit the Preferred Option for the Port Granby Project as described in the Environmental Assessment Study Report to Federal decision makers for review; AND WHEREAS the Screening Report for the Port Granby Project, which was released on August 19, 2009 and which sets out the decision of the Responsible Authorities with respect to the Environmental Assessment Study Report, concluded that the Port Granby Project is not likely to result in significant adverse environmental effects; AND WHEREAS the Legal Agreement for the Port Hope Area Initiative provides the Municipality of Clarington with the opportunity to determine whether the Port Granby Project as described in the Screening Report is Report #1 3 October 5, 2009 the same as that previously consented to by the Municipality and, if not, whether the Municipality wishes to proceed with the Project; AND WHEREAS the Municipality of Clarington has reviewed the Screening Report for the Port Granby Project and is satisfied that the Project as described therein is substantially the same as the Preferred Option agreed to by the Municipality in June 2006, and further that the Project is not likely to result in significant adverse environmental effects provided that the mitigation measures outlined in the Environmental Assessment Study Report and the Screening Report are implemented; NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON resolves to advise the Government of Canada that it agrees to proceed with the Port Granby Project in accordance with the decision of the Responsible Authorities as set out in the Screening Report. THAT the Government of Canada and its agencies be advised that continued consultation with the Municipality of Clarington and its residents through the licensing phase and the implementation phase of the Port Granby Project is critical to the success of the Project; THAT a copy of Report PSD-097 -09 and Council's decision be forwarded to Natural Resources Canada, the Canadian Nuclear Safety Commission, the Port Hope Area Initiative Management Office, and the South East Clarington Rate Payers Association; and THAT a copy of Council's decision be forwarded to any delegations and all interested parties listed in Report PSD-097-09. 6. AMENDMENT 3 TO THE LEGAL AGREEMENT FOR THE PORT HOPE AREA INITIATIVE THAT Report PSD-098-09 be received; THAT the Agreement to amend the Agreement between the Corporation of the Municipality of Port Hope, the Corporation of the Municipality of Clarington, and her Majesty the Queen in Right of Canada as represented by the Minister of Natural Resources be approved; THAT the By-law attached to Report PSD-098-09 authorizing the Mayor and Clerk to sign the Agreement to amend the Legal Agreement for the Port Hope Area Initiative, be adopted; and THAT a copy of Report PSD-098-09 and Council's decision be forwarded to Natural Resources Canada and the Municipality of Port Hope. Report #1 4 October 5, 2009 7. FORMER BOYS TRAINING SCHOOL AND PRISONER OF WAR CAMP 2020 LAMBS ROAD, BOWMANVILLE THAT Report PSD-099-09 be received; THAT the property identified as 2020 Lambs Road, Bowmanville, have buildings 1, 6,7,8,9,10,11,12,14,16,17, and 18 (as noted on Attachment 1) deleted from the Municipal Register of properties of cultural heritage value or interest; THAT the demolition application for buildings 1, 6, 9, 10 ,12, 16, 17, and 18 be approved at this time; and THAT all interested parties listed in Report PSD-099-09 and any delegation be advised of Council's direction. 8. ADDITION TO MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST THAT Report PSD-101-09 be received; THAT the stone house located at 1592 Prestonvale Road, be added to the Municipal Register of properties of cultural heritage value or interest; and. THAT all interested parties listed in Report PSD-101-09 and any delegation be advised of Council's direction. 9. PORT GRANBY PROJECT MUNICIPAL CONSENT TO THE EA SCREENING PROJECT WHEREAS the Property Value Assessment Program for the Port Granby Project has been a contentious issue from the beginning; AND WHEREAS the Residents of Port Granby have on numerous occasions raised these concerns and as of late three members of the community have had serious issues with the selling of their property due to the Property Value Assessment Program; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington request the Low Level Office to appoint an independent resource person to represent and assist the home seller and their realtor in dealing with this agency of the Federal Government to ensure fairness, ease and transparency. Report #1 5 October 5, 2009 10. CLARINGTON OLDER ADULTS PARKING LOT SNOW CLEARING THAT Report COD-061-09 be received; THAT Council confirm the current arrangement with respect to the Clarington Older Adults Centre parking lot snow clearing; and THAT the Clarington Older Adults Centre Board and other interested parties on record, be advised of Council's decision. 11. TOWNSHIP OF WOOLWICH'S RESOLUTION FOR REVIEW OF CHAPTER 27, SECTION 5(2) OF THE DEVELOPMENT CHARGES ACT, 1997 THAT Report FND-028-09 be received; THAT Council endorse the Township ofWoolwich's Resolution, Attachment "A", requesting support for a review of the Chapter 27, Section 5(s) of the Development Charges Act, 1997; and THAT this resolution be forwarded to the Township of Woolwich, Jim Watson, Minister of Municipal Affairs and Housing, and John O'Toole, MPP. 12. CODE OF CONDUCT FOR COUNCIL MEMBERS THAT Report CAO-007-09 be received for information; and THAT Council take no further action on this subject matter. 13. ENERGY AUDITS - COURTICE COMMUNITY COMPLEX AND THE FIRE HALL #1 THAT Report CAO-008-09 be received; and THAT Council authorize staff to proceed with an RFP process to complete an energy audit at the Courtice Community Complex and the Fire Hall #1 with funds to be drawn from the Municipal Government Enterprises Reserve Fund. 14. DELEGATION - RICHARD WARD, REGARDING TAX ARREARS AND A REQUEST TO DEFER TAX PAYMENTS, PENDING AN INVESTIGATION THAT the issues raised during the delegation of Richard Ward be forwarded to the Finance Department for a report. 15. REPORT OF THE SOLICITOR, DENNIS HEFFERON, ON A CONFIDENTIAL MATTER REGARDING DEVELOPMENT CHARGES THAT the recommendations contained in the Report of the Solicitor, Dennis Hefferon, on a confidential matter regarding Development Charges, be approved. STAFF REPORT #1 Cl!llpn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, October 26, 2009 Report #: PSD-102-09 File #: COPA 2007-013 By-law #: Subject: PROPOSED MODIFICATION TO AMENDMENT NO. 60 BROOKHILL SECONDARY PLAN RECOMMENDA TIONS: It is respectfully recommended that the Council endorse the following recommendations: 1. THAT Report PSD-1 02-09 be received; 2. THAT the Municipality request the Ontario Municipal Board to modify Amendment No. 60 as shown in Attachment 2; 3. THAT the Ontario Municipal Board and the Durham Region Planning Department be forwarded a copy of this report and Council's decision; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. -// / ~~ / I ,?~ /1 / - / lJL.--. Submitted by: r ':-,/ 1/ David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: () ~L,Q ..-:._" e.:S~ Franklin Wu, Chief Administrative Officer CS/CP/df October 21, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-102-09 PAGE 2 1.0 BACKGROUND 1.1 On March 24th, 2008 Council recommended to the Region of Durham that Amendment No. 60 to the Clarington Official Plan for the Brookhill Secondary Plan and Urban Design Guidelines be approved. The Region, as the approval authority, approved Amendment No. 60 in August 2008. Amendment No. 60 was appealed to the Ontario Municipal Board (OM B) by a local resident residing on Munday Court. The appeal was specific to the introduction of a Medium Density symbol located on the east side of Regional Road 57 on the north side of Stevens Road. 1.2 Through the pre-hearing conferences scheduled by the Ontario Municipal Board, the appeal to Amendment No. 60 and the appeals by West Diamond/Players Business Park (West Diamond) were consolidated. West Diamond became a party to the Amendment No. 60 appeal. 1.3 Earlier this year, a group of landowners in the Brookhill Neighbourhood met with staff to review preliminary draft plans of subdivision. 1613881 Ontario Inc. (Metrus), 821012 Ontario Limited & 821013 Ontario Limited (Ton no) and Dunbury Developments (Regional) Ltd. (Dunbury) expressed an interest in moving forward with the development of their lands (Attachment 1). Interest from three landowners in developing the Brookhill Neighbourhood, together with West Diamond, represents both challenges and opportunities for moving forward with servicing and road infrastructure, parks and open space development. As such, modifications to Amendment No. 60 have been requested for certain policies related to residential densities, parkland development and the accompanying land use schedules. 1.4 The purpose of this report is to provide an overview of the appeal to Amendment No. 60 and the recommended modifications thereto. 2.0 APPEAL TO AMENDMENT NO. 60 2.1 Amendment No. 60 was appealed by Mr. Thorsten Koseck of Munday Court. Mr. Koseck objected to the Medium Density symbol located east of Regional Road 57 on the north side of Stevens Road, where The Kaitlin Group proposed a 62 unit townhouse condominium development. Mr. Koseck's primary concerns were the impact of the development on the Bowmanville Creek valley and wildlife; traffic impact, citing residents of Munday Court find it increasingly more difficult to turn onto or off of Regional Road 57, and the lack of pedestrian connections to the Bowmanville West Town Centre. 2.2 Since the appeal was lodged in August 2008, The Kaitlin Group has met with Mr. Koseck and the Municipality on several occasions to resolve the concerns regarding the development. The Kaitlin Group proposes to reduce the number of units to 42 single detached units in condominium tenure. This will ensure a consistent quality architectural design and maintenance standards. The reduction in the number of units eliminates the need for the Medium Density symbol in this location. An Environmental Impact Study (EIS) for the development, addressing concerns related to development REPORT NO.: PSD-102-09 PAGE 3 adjacent to the Bowmanville Creek valley and impacts to wildlife, has not been completed at this time. The Kaitlin Group must also submit an application for Site Plan Approval and Plan of Condominium in order for Staff to further evaluate this proposal. 2.3 Staff have also met with Mr. Koseck on several occasions to address his concerns regarding traffic impacts and pedestrian movements in the area. In April 2009, Staff invited staff from Region of Durham Works Department and consultants from AECOM to discuss traffic movements on Regional Road 57. Mr. Koseck was advised by Regional Works that traffic signals would not be installed at Stevens Road and Regional Road 57. Traffic signals will be installed at the future intersection of Brookhill Boulevard and Regional Road 57, providing the appropriate separation distance between existing signals at Durham Highway 2 and Regional Road 57 and Longworth Avenue and Regional Road 57. Signalization of these locations would provide adequate gap for traffic movements onto and off of Regional Road 57. Mr. Koseck was also advised that sidewalks from Durham Highway 2 to Stevens Road along Regional Road 57 are in the Development Charges Background Study for 2016. Should The Kaitlin Group's proposal proceed prior to the inclusion of this work in the Municipality's capital budget, then the Municipality would require The Kaitlin Group to provide temporary pedestrian connections to the west side until such time as permanent sidewalks are constructed, which will occur when the Region reconstructs Regional Road 57. At the present time, the Region has advised that an Environmental Assessment (EA) for Regional Road 57 from Baseline Road to Durham Highway 2 is slated to commence next year with construction scheduled for 2012 to 2027 timeline. The EA will determine if improvements to the intersection will be warranted and may extend as far north as Stevens Road in order to provide an acceptable transition through the improved intersection. 2.4 In a recent meeting with staff, Mr. Koseck requested that bicycle lanes be constructed as part of the road network, and not just be part of an off-road trail system, within the Brookhill tributary valley. Engineering staff have advised that the road allowances for Brookhill Boulevard, Clarington Boulevard, and Longworth Avenue are all wide enough to accommodate a bike lane when and if the demand warrants it. A letter to this effect was forwarded to Mr. Koseck. 3.0 PROPOSED MODIFICATIONS TO AMENDMENT NO. 60 3.1 Amendment No. 60 to the Clarington Official Plan included the recommendations from the Brookhill Subwatershed Study and the Brookhill Secondary Plan and Urban Design Guidelines. The proposed modifications further refine the policies contained in Amendment No. 60 as a result of further review by Staff, proposed revisions to The Kaitlin development east of Regional Road 57, and through discussions with the Brookhill developers. The proposed modifications affect both the Clarington Official Plan and the Brookhill Secondary Plan. REPORT NO.: PSD-102-09 PAGE 4 3.2 The proposed modifications to the schedules contained in Amendment No. 60 are summarized as follows, and contained in Attachment 2: · To address the concerns of Mr. Koseck and in response to the revisions proposed by The Kaitlin Group, the Medium Density symbol east of Regional Road 57 has been deleted. This would still allow development of the lands at the east end of Stevens Road for a density up to 30 units per hectare, which can also accommodate a townhouse housing form. · In response to the discussions with Tonno, the stormwater management facility on the west side of Regional Road 57 has been relocated south of Brookhill Boulevard. A Medium Density symbol has been added between the stormwater management facility and Brookhill Boulevard. Brookhill Boulevard has been shifted northerly, accordingly. · In response to the combined request from Metrus, Tonno and Dunbury, Clarington Boulevard has been shifted easterly to straddle the joint property lines. · In response to a request from Metrus, the Neighbourhood Park symbol abutting the east side of Green Road has been deleted and replaced with Low Density Residential designation and a parkette. As a result of the easterly shift to Clarington Boulevard lands between the Neighbourhood Park and Public Elementary School to the north and the stormwater management facility to the south have been designated Low Density Residential. · Boswell Drive north of Brookhill Boulevard was deleted from Map B of the Official Plan. This road pattern is consistent with the Brookhill Demonstration Plan. 3.3 In response to request and discussion with West Diamond, changes to the Secondary Plan policies were made and are summarized as follows, and contained in Attachment 2: ' · The policies identifying the location of rear lanes was modified by including policies to permit rear lanes in Neighbourhood Commons Area and for access to Medium Density Residential uses which abut Arterial and Collector Roads. · Policies dealing with residential uses are modified to permit limited townhouse dwellings in Low Density Residential designations, and limited detached and semi detached dwelling in the Neighbourhood Commons Area designation to diversify streets capes . · The park hierarchy was redefined to better distinguish between larger Neighbourhood Parks, and smaller parks within the Neighbourhood Commons Area and by distinguishing between Urban Squares and Parkettes and permitting parkettes where they are deemed necessary to augment parks within any neighbourhood. REPORT NO.: PSD-102-09 PAGE 5 · The elementary school site policies were strengthened to ensure schools are located adjacent and connected to the open space system and planned neighbourhood parks sites and to ensure that the public uses are integrated within the open space system and remains a major attribute within the Secondary Plan. · Providing clarification that the Demonstration Plan and Urban Design Guidelines do not require amendments to implement alternative designs. However, to ensure high quality urban design for uses within the public realm, some of the urban design guidelines have been moved into the Secondary Plan as policies, particularly for institutional uses, the pedestrian environment and natural heritage features. · Policies related to the implementation of changes to the Planning Act contained in Bill 51 for including pre-consultation requirements, exterior design, design elements for site plans and provision of pathways and trails in plans of subdivision and sustainability. 4.0 STAFF COMMENTS 4.1 The proposed modifications have been reviewed in consideration of the appeal by Mr. Koseck and from discussions with Staff and the Brookhill developers. The modifications are consistent with the Region of Durham Official Plan and Clarington Official Plan, and maintain the goals and objectives of Amendment No. 60 and the Brookhill Secondary Plan. 4.2 Approval of the modification will enable the Staff to bring forth a recommendation report for the approval of the Draft Plan of Subdivision and rezoning by West Diamond (S-C 2004-004) currently under appeal. In addition, it will allow staff to evaluate the proposed Draft Plans ,of Subdivisions to be submitted by Metrus, Tonno and Dunbury. 4.3 A Memorandum of Understanding (MOU) is being negotiated with Brookhill Developers. The purpose of the MOU is to: · Address the financial impacts on the Municipality. · Ensure that roads, servicing infrastructure and lands for the public elementary school and parks and open space are available in a timely manner relative to the phasing of development. · Assist in helping to provide that the costs associated with each infrastructure is distributed equitably among the Brookhill developers. It is anticipated that the MOU will be brought forward for Committee and Council's consideration in the near future. REPORT NO.: PSD-102-09 PAGE 6 5.0 CONCLUSION In consideration of the comments contained in this report, Staff respectfully recommend the proposed modifications to Amendment No. 60 be recommended to Ontario Municipal Board. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Modifications to Amendment No. 60 Interested parties to be advised of Council's decision: Greg Milosh Steve Neshevich Rich Neshevich Donald and Joyce Luck Frances Westgarth Ted and Maria Roeloffzen Myra Douglas Victor Shearing Bill Allison Ken Allison Larry and Irene Grabowski Bruce Fischer Cora Tonno Bob Annaert Kelvin Whalen Rev. Frank Lockhart Eloisa Liquiran Steven Wimmer Peter Smith Nick Mensink Rudi and Matteo Barrese Harold and Jean Hoskin Allan Frank Doug and Leslie Allingham Ermoini Sawchuck Randy Miller Gerry and Louise Lens Hannu Halminen Mr. and Mrs. Farmer Jose Brito AI O'Reilly Erwin Waldinsperger S. Coyne Louis Bertrand Bruce Fischer Ian Rohr and Phil Litowitz Roslyn Houser Lillian and John Bouma Michael Durocher Mark Koenig Rob Howe Joe Vanderheyden Peter Stoddart and Lee MacMillain Darren Marks Ernest Kockeritz Thorsten Koseck P. Schmidinger Nash Ro~L \ ,.... ~-- -~::-1 - .--\ j I_ 1- · / ~ Brookhill SeCidary [I ~i Planning Area Boundary _ ~ _-=- ~ I ----I - -- r'~~ \ I \~ "0 co o ~I ~ I ---~-- .... <.9 West Diamondl Players Business Park Ltd. Dunbury - Developments- 1613881 Ontario Inc. 821012 and 821013 Ontario Limited -- --- -I l_ - ~~-- Attachment 1 To Report PSD-102-09 ~\ L___ _ --__,IJI] .~. -1' rn fJ.\l~ 6i ~~.1 fTIW ~~ [~ :\/'(, ~~Ii )~v>~~ f~ i:~~\~d3 /\ \ ~ / \~@ c:Jh '- ~,~\n\l- / ~ '-"'I \---~-~ \~uY I I~~ <\'\(~?> ,,~ ~ - ~--~~;<x~~ '\ '&'y v <90 ~~~ -- ~0cSl \- [~\ "''''~~ \ Q, e = ~_-I-" &&.f - ,<- - r I "\\ -(=-/0 \ _.~' -=--=---==-=--1~::::-1 . -~ ~ -" -- - f;"(0 <5;lJIAVJ\ (--I L0:7 ~ \{% . J/l/ t {~1 \ \ \, rI [J.-/Du;~am Highway 2 -~ Brookhill Secondary Planning Area Land Owners Attachment 2 To Report PSD-102-09 PROPOSED MODIFICATION TO AMENDMENT 60 TO THE CLARINGTON OFFICIAL PLAN ACTUAL MODIFICATIONS: OPA 60 of the Clarington Official Plan is hereby modified as follows: 1. Modify Exhibit B to OPA 60 Map A3 - Land Use Bowmanville Urban Area as attached 2. Modify Exhibit C to OPA 60 Map B3 - Transportation Bowmanville Urban Area as attached 3. Modify Section 2.2.1 (d) (iv) by adding the following at the end of the second paragraph: "Rear lanes may also be used with the Neighbourhood Commons Areas and in the Medium Density Residential designation abutting Arterial or Collector Roads." 4. Delete the Section 6.1.2 and replace it with the following: "Low Density Residential shall accommodate a range of housing types. Permitted residential building types shall predominantly include detached and semi-detached dwellings. Limited Street townhouse dwellings shall also be permitted." 5. Modify Section 6.3.2 by adding the following, after the words "stacked townhouses,": "as well as limited detached and semi-detached dwellings" 6. Delete the Section 6.3.4 and replace it with the following: "Development within the Neighbourhood Commons Areas is required to have front doors facing the street and/or Neighbourhood Common Square. Garage doors/service facilities shall not dominate the view of the streetscape. Rear lanes may be used to facilitate units with front doors on the Neighbourhood Common Square. Front and exterior side yard porches shall be encouraged on all ground-related residential units." 7. Delete Section 6.5.4 and replace it with the following: "An Environmental Impact Study shall be undertaken for development proposals in accordance with Section 4.4.35 of the Official Plan, including any necessary infrastructure and roads proposed within the Lake Iroquois Beach, or within 120 metres of the boundary of a wetland or wetland complex or 30 metres of the Environmental Protection Area designation. Any resulting changes to the boundaries of the Environmental Protection Area designation resulting from the recommendations of an Environmental Impact Study shall not require an amendment to the Official Plan or Secondary Plan." 8. Delete Section 6.6.1 and replace it with the following: 6.6.1 Parks and Open Space designation shall include lands within the following categories: a) Neighbourhood Parks; b) Neighbourhood Common Squares; c) Parkettes; d) Urban Squares; and e) Green Roads/Gateways/Greenways. 9. Section 6.6.2 is modified as follows: i) Delete Section 6.6.2(a) and (b) and replace them as follows: 6.6.2 Parks shall be established in accordance with the following: a) "Neighbourhood Parks shall form the central focus of the overall Community. Neighbourhood Parks shall perform an array of functions within the community, including providing active sports fields, and shall have a minimum size of 2.0 ha. and shall be located abutting the open space system and planned school sites and have a minimum frontage equal to 25 % of the park perimeter. Neighbourhood Parks are to be accepted as part of the parkland dedication required under the Planning Act. b) Neighbourhood Common Square shall form the central focus of each of the identified Neighbourhood Commons. Neighbourhood Common Square shall be a minimum of 0.8 hectares in size, and shall abut on at least two sides, and preferably three or four sides on public roads. The Neighbourhood Common Square are to be accepted as part of the parkland dedication required under the Planning Act. ii) Add a new 6.6.2 (c) and renumber modify b) and c) to d) and e) as follows: c) Parkettes are not designated on the Land Use Schedule. They are required wherever the Municipality deems it necessary to augment or adjust the park requirements of any neighbourhood. d) Urban Squares - are smaller components of the open space network and will be identified in the required development applications; and e) Green Roads/Gate ways/Green ways are small scale open space features provided as linkages within the open space system or as entrance features to the community to provide for connecting pedestrian and bicycle routes and special identity features within the Secondary Plan Area. 10. Delete Section 7.2(a) and replace it as follows: "Elementary school sites are permitted within the Village Corridor designation on Map A. Schools support the community structure and patterns of land use. Elementary school sites shall be located adjacent and connected to the open space system and planned neighbourhood park sites. The configuration and size of school sites will be defined in consultation with the School Boards through application for approval of a proposed plan of subdivision." 11. Add a new 7.4 SPECIAL STUDY AREA "7.4 SPECIAL STUDY AREA Lands south of Brookhill Boulevard and east of Clarington Boulevard have been identified as a Special Study Area. These lands may be required for stormwater management purposes in the future. Prior to Council considering any development application for these lands an Official Plan Amendment shall be submitted and approved by the Municipality detailing the land use permissions. 12. Delete Section 8.2.2 (b) and replace with the following: "b) To recognize the importance of public and institutional buildings in the community and to enhance their status these buildings are encouraged: i) to be located within the Village Corridor and the Neighbourhood Commons Areas; ji) to be sited at the termination of a road or view corridor, or at road intersections, or on sites that enjoy prominence due to topographic and natural features; iji) to be designed as special landmark buildings with high quality design, materials and finishes. The site should be well landscaped in recognition of their prominent locations and status as landmark buildings; and iv) to be located close to the road right-of-way to reinforce the road edge to create a visually dominant feature in the community" 13. Modify Section 8.3.3 by adding a new subsection c) as follows: "c) Trail System - The highly interconnected trails system is identified conceptually on the Greenlands and Open Space Plan. i) The trails system includes trails within natural features, stormwater management facilities, open spaces and parks and the road system - sidewalks and bicycle paths; ii) Trail design and type will be based on each site's sensitivity in order to minimize environmental impacts and will be designed to accommodate a range of users and abilities; and iii) Trails located in proximity to sensitive natural features, or adjacent to stormwater management facilities should incorporate interpretive signage at various locations to promote stewardship initiatives that will protect and enhance the features and functions of the natural environment." 14. Add a new Section 8.3.4. Natural Heritage Features as follows: "8.3.4 Natural Heritage Features a) Significant natural heritage features within the Secondary Plan Area shall be protected and integrated into the community greenlands system. b) Natural heritage features should be physically and visually accessible from the abutting roads. c) Preservation of existing vegetation is encouraged. Where necessary, indigenous and ecologically complementary planting should be encouraged in keeping with Naturalization/Remediation Plan." 15. Amend Section 9.4 Road Network Policies by adding a new Section 9.4.5 as follows and renumbering 9.4.5. and 9.4.6. accordingly: "9.4.5 The alignment of the Longworth Avenue extension as shown on Map A is approximated and will be determined through detailed planning to determine the appropriate intersection point at Regional Road 57, the appropriate crossing of the Brookhill Tributary and the appropriate setback from the environmentally sensitive lands to the north, west of Green Road. Any resulting modification to the alignment of Longworth Avenue extension shall not require an amendment to the Official Plan or Secondary Plan." 16. Modify Section 9.5.1 by adding the following at the end: "Public rear lanes may also be used for access to units with front doors facing on a Neighbourhood Common Square" 17. By replacing the first sentence of 9.7.1 with the following: "The pedestrian and bicycle trail system identified on Map B is an essential part of the Municipality's integrated sustainable transportation network. The pedestrian and bicycle path system serves the Secondary Planning Area but links with other pathway systems in the Municipality." 18. Delete Section 9.7.2 and replace as follows: "The Municipality shall require the recreational trail system along the Brookhill Tributary and accessing the Bowmanville Creek Valley Trail to be constructed as a condition of draft approval for any plan of subdivision, or site plan approval which includes, or is adjacent to, the Brookhill Tributary lands, or through appropriate cost-sharing arrangements between landowners. " 19. By adding a new policy 9.7.3 as follows: "9.7.3 The Municipality may require trail corridors to be dedicated for public purposes as a condition of draft approval for a plan of subdivision." 20. In Policy 11.3.1, a) By adding a new subsection "iv. Environmental Site Assessment (ESA) and Record of Site Condition" and renumbering the subsequent subsections. b) By revising subsection vi) (as renumbered) to read as follows: 'Tree Inventory and Tree Preservation Plan". 21. By adding new Sections 11.5 and 11.6 as follows: "11.5 Pre-submission Consultation Pre-submission consultation provides the opportunity to ensure that all necessary information is available at the time of the application submission as necessary to properly assess the application and determine that it is complete for the purposes of the Planning Act. The following outlines the pre-submission consultation and complete application policies: a. Prior to the submission of a complete application for an Official Plan Amendment, Zoning By-Law Amendment, Draft Plan of Subdivision, Draft Plan of Condominium, or Site Plan, the applicant shall consult with the Municipality in accordance with this Plan and the Municipality's Pre-consultation By-law. b. Pre-consultation meetings shall be held with the Municipality and any other government, public authority and/or external agency as deemed appropriate by the Municipality. c. Any application for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, Draft Plan of Condominium, or Site Plan will require the applicant to: i. Comply with the statutory complete application submission requirements of the Planning Act; ii. Include a fully completed application form with all submission requirements and supporting documentation; and iii. Include the prescribed application fees. d. Any application for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, Draft Plan of Condominium, or Site Plan by the applicant shall be deemed to be a complete application once all required studies, reports and information outlined in Section 11.3.1 are prepared and provided by the proponent. Studies, reports and information outlined in Section 11.3.1 as necessary for the proper evaluation of a complete application will be determined by the Municipality in consultation with the applicant, any other government, public authority and/or external agency as deemed necessary by the Municipality. Any studies not required or required as a condition of approval will be indicated in writing after pre-submission consultation. e. In addition to the studies, reports and information specified during the pre-consultation process, the proponent shall be required to submit any other studies and reports relevant and necessary to the evaluation of the particular applications as deemed appropriate by the Municipality in consultation with the applicant, and any other government, public authority and/or external agency. f. Any studies or reports and information shall be prepared in accordance with any standards or specifications applicable within the Municipality or the Region and may, at the Municipality's discretion, require a peer review by a qualified consultant retained by the Municipality at the applicant's expense. g. In all instances the scope, timing and number of studies, reports and information required for the submission of a complete application should be appropriate and in keeping with the scope and complexity of the application. For applications that may be considered simple or minor in nature, little, if any, additional information may be required. h. Councilor its designate may refuse to accept or further consider an application until a complete application has been prepared. 11.6 Site Plan Control Site Plan Control is a key mechanism to implement the urban design policies of this Plan. In addition to the matters identified in Section 23.8 of the Official Plan, the following policies apply to the Secondary Planning Area: Coloured elevation drawings showing plan, elevation and cross section views may be required for all proposed non-residential development and adjacent buildings and all residential development containing greater 24 residential units. In addition the other matters referred to in subsection 41 (4), plans submitted for approval shall include: a. Exterior designs, including but not limited to, character, scale, appearance and design features of the building and their sustainable designs including energy efficiency; and b. Sustainable design elements on any adjoining public street, including without limitation trees, shrubs, hedges, plantings or other ground cover, street furniture, curb ramps, waste and recycling receptacles and bicycle parking." 22. Delete Section 12.2 and replace as follows: "Inherent to the Brookhill Secondary Plan is the principle of flexibility, provided that the general intent and structure of the Plan are maintained to the satisfaction of the Municipality. As such, it is the intent of the Municipality to permit some flexibility in the interpretation of the policies, regulations and numerical requirements of this Secondary Plan except where this Secondary Plan is explicitly intended to be prescriptive. A Demonstration Plan and Urban Design Guidelines are contained in Appendix II. The Urban Design Guidelines provide design principles and specific guidelines for both the public and private sectors. They indicate the Municipality of Clarington's expectations with respect to the character, quality and form of development in the Brookhill Community. The Demonstration Plan illustrates the planning principles that are inherent to the Secondary Plan. It is one example of how the Secondary Plan might be implemented within the Secondary Plan Area. The Urban Design Guidelines and Demonstration Plan itself have no formal status and do not require any formal amendment process to implement an alternative design solution, or solutions at any time in the future." 23. Modify Exhibit "F" to OPA 60 - Map A - Land Use and Transportation Schedule - Brookhill Neighbourhood Secondary Plan 24. Modify Exhibit "G" to OPA 60 - Map B - Greenlands and Open Space Schedule - Brookhill Neighbourhood Secondary Plan Exhibit "B", Modification To Amendment No. 60 To the Municipality of Clarington Official Plan, Map A3, Land Use, Bowmanville Urban Area r- -.,\. '1. I V'\ t ~ ~-- I l I I I - ~@ @ @ - @ n : ~ @ ,... . . . . . Exhibit "C", Modification To Amendment No. 60 To The Municipality of Clarington Official Plan, Map 83, Transportation, Bowmanville Urban Area I"""""'q o 200 400 600 BOO m 200 m fAKE ON,7;4R/O URBAN BOUNDARY -~====_. FREEWAY TYPE A ARTERIAL - - - - TYPE B ARTERIAL MAP 83 TRANSPORTATION BOWMANVlllE URBAN AREA -....------- TYPE C ARTERIAL OFFICIAL PLAN MUNICIPALllY OF CLARINGTON JANUARY 2, 2007 REFER TO SECTION 19 THIS CONSOLIDATION IS PROVIDED fOR CONVENIENCE ONLY AND REPRESEN1S REQUESTED MODIFICATIONS AND APPROVAlS EXISTING FUTURE FREEWAY INTERCHANGE COLlECTOR ROAD - - - - - - REGIONAL TRANSIT SPINE . .. . . . .. . INTER-REGIONAL TRANSIT UNE _= GO STATION o ,......, \ , ,~ GRADE SEPARATION Exhibit "F", Modification To Amendment No. 60 To The Municipality of Clarington Official Plan, Map A, land Use and Transportation Plan, Brookhill Secondary Plan ~Y2 - - - BROOKHILLSECONDAR.. _........_...._.. ____ ~ VILLAGE CORRIDOR _ NEIGHBOURHOOD COMMONS AREA 1..:.:-:-:-::1 LOW DENSITY RESIDENTIAL ~:::i::::::ii:::t MEDIUM DENSITY RESIDENTIAL ~~~.i!~~l ENVIRONMENTAL PROTECTION AREA !IITIID ENVIRONMENTAL PROTECTION OVERLAY B PARKS AND OPEN SPACE EM! STORMWATER MANAGEMENT POND ~ SPECIAL STUDY AREA . . . . . . SPECIAL POLICY AREA ARTERIAL ROAD TYPE A ARTERIAL ROAD TYPE B - ARTERIAL ROAD TYPE C - - - - - - - COLLECTOR ROAD .; PUBLIC ELEMENTARY SCHOOL c5 SEPARATE ELEMENTARY SCHOOL t ......... ... ... . .............................. . '~vil ~.... \ .................... ..................... ....... .......... .................... .............,...... .................... ........... ........ . ................. . , . . . . . . . . . . . . . . . . . . ................... ................. .............. ~...... MAPA lAND USE AND TRANSPORTATION PLAN BROOKHILL NEIGHBOURHOOD SECONDARY PLAN SEPTEMBER 22, 2009 THIS CONSOUIlAll0N IS PROVIDED fOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIfiCATIONS AND APPROVAlS Unfinished Business #1 Excerpt of Special Council Minutes - October 13, 2009 Resolution #C-592-09 Moved by Councillor Trim, seconded by Councillor Novak WHEREAS the Municipal Clerk was directed by Council to prepare Staff Report CLD-021-09; WHEREAS within the report, staff outlined the available approved methods that could be used to meet the Municipal Elections Act; WHEREAS at the October 13, 2009, special Council meeting, staff answered questions from Council members; WHEREAS concern and consideration pertaining to accessibility was and should always be reviewed for each election; WHEREAS Clarington like many other municipalities have used the vote by mail method for elections in 2000-2003-2006 successfully as per page 5 (2.4.1) of Report CLD-021-09; THEREFORE after a thorough review of the methods and combined methods outlined in the report, it is the position of Clarington Council to continue using the vote by mail method as in the past three elections; and THAT improvements for accessibility voting be presented to Council for approval at a later date. "TABLED" (see following motion) Resolution #C-593-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the foregoing Resolution #C-592-09 be tabled until the next meeting of Council. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecuniary Interest Councillor Foster ~ Councillor Hooper ~ Councillor Novak ~ Councillor Robinson ~ Councillor Trim ~ Councillor Woo ~ Mayor Abernethy ~ Staff Report # 1 Clwingtnn REPORT CLERK'S DEPARTMENT Meeting: COUNCIL R-esokJ-hot\ -d:h C-S9Q -09 c -5Cj3 -Ocr Date: October 13, 2009 Report #: CLD-021-09 File #: By-law #: Subject: Methods of Conducting the 2010 Municipal Elections RECOMMENDATIONS: It is respectfully recommended: 1. THAT Report CLD-021-09 be received; 2. THAT the method of conducting municipal elections in the Municipality of Clarington be changed from Mail-in Voting to a combination of internet voting and traditional paper ballot at voting locations; 3. THAT the method of tabulating the results in municipal elections in the Municipality of Clarington be changed from a centralized vote tabulator to voting location vote tabulators for the cast paper ballots combined with the results of the ballots cast through internet; 4. THAT staff be authorized to issue a Request for Proposal for the use of Internet Voting, Optical Scan poll count Tabulation equipment, and real-time Voters' List Management System for the 2010 Municipal Elections in the Municipality of Clarington; 5. THAT the by-law attached to Report CLD-021-09, as Appendix 4 authorizing the use of internet and poll count tabulation equipment for Clarington municipal elections be approved; 6. THAT the interested parties listed in Report CLD-021-09 be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLD-021-09 Page 2 , , /, ,---; ,/i ,/ t/ ~) ~.// II/I '--i~---- / /'/-J' j //,' ). ./:'. /i ../ . )r.r'V',,-) Submitted qy:Pafti'{. Barrie, CMO PLB* AG () Municipal Clerk '\ ,'"-/ i-~(Q -.::---(L;1( Reviewed by: Franklin Wu, Chief Administrative Officer REPORT NO.:CLD-021-09 Page 3 1.0 BACKGROUND AND COMMENT 1.1 At the regular Council meeting held on June 1,2009, the Municipal Clerk was directed to arrange for a special Council meeting to educate Members of Council on the methods of elections and that this education session also speak to election sign issues as they pertain to the election methods. Resolution #C-339-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-051-09 be received; THAT the draft Sign By-law contained in Attachment 6 to Report PSD-051-09 continue to be reviewed to address any concerns raised at the public meeting; THAT all interested parties listed in Report PSD-051-09 and any delegations be advised of Council's decision; THAT the Municipal Clerk be directed to arrange for and schedule a Special Meeting of Council for the purpose of educating Members of Council on the methods of conducting the 2010 Municipal Elections under consideration, including signage; and THAT this Special Meeting be open to the public. 1.2 Section 11 (1) of the Municipal Elections Act, 1996, as amended, establishes the Clerk's responsibility for conducting the municipal election and includes responsibility for: a) Preparing for the election; b) Preparing for and conducting a recount in the election; and c) Maintaining peace and order in connection with the election. 1.3 Section 42 of the Municipal Elections Act 1996, as amended, provides for Council to pass a by-law to: a) authorize the use of voting and vote-counting equipment, and b) authorize electors to use an alternative voting method. REPORT NO.:CLD-021-09 Page 4 By-law 2006-107 was enacted by Council on May 15, 2006 and authorized the use of vote by mail and automated vote counting equipment at the Municipal Elections. This by-law remains in effect until such time as it is repealed. 1.4 The procedures and forms established under the Act for traditional voting were designed to ensure that the principles of the Act are maintained. Thus, it is the Clerk's I duty to ensure that when using alternative voting methods, that the procedures and forms established by the Clerk are also consistent with the principles of the Act. The principles are as follows: · The election should be fair and non-biased. · The integrity of the process should be maintained throughout the election. · Voters and candidates should be treated fairly and consistently within a municipality. · The election should be accessible to the voters. · The secrecy and confidentiality of the individual votes is paramount. · There is certainty that the results of the election reflect the votes cast. 1.5 Demographics of Clarington Electors Electoral Population 61,098 Ward 1 19,555 Ward 2 17,570 Ward 3 12,442 Ward 4 11, 531 Voting Subdivisions None - eliminated with introduction of vote by mail in 2000 Internet Access/Usage Out of all those surveyed, - 100% use the internet from home - 0% are not familiar with using the internet - 34% are somewhat familiar with using the internet - 66% are very familiar with using the internet Voter Turnout See Appendix 1 People with Disabilities 12,000 (based on Provincial statistic estimates provided by Accessibility Experts) REPORT NO.:CLD-021-09 Page 5 1.6 2010 Municipal Election Goals The goals for our 2010 municipal election include: · Providing a voting process which meets the principles of the Act; · Meeting or exceeding our obligations under the Accessibility Customer Service Standards; · Providing a viable solution which is easy, convenient and trustworthy for electors; · Streamlining administrative processes; and · Maintaining quality, integrity and accuracy. 2.0 METHODS OF CONDUCTING AN ELECTION AND COUNTING VOTES 2.1 There are a variety of methods available for conducting municipal elections and which are commonly used around the world. The most common in Ontario include: traditional paper ballot, vote by mail, telephone, internet, touch-screen, and audio. 2.2 There are several technologies also used in the conduct of elections, some of which have been well received by electors, while others have not. The use of technology allows for improved administration, streamlined processes, improved vote count accuracy and improved accessibility for electors. In some cases, technology can also have an effect on voter turnout. Technologies include, but are not limited to: web- based voters' list management, centralized and decentralized vote counting equipment, audio balloting, electronic balloting as well as conversion of electronic balloting to generate paper ballots. Appendix 2 to this Report details the summary of the pros and cons of the most common methods of conducting an election and vote counting equipment. 2.3 Staff undertook a review of the various methods of conducting elections in consideration of Clarington's needs and a summary of the findings are included in Appendix 3 to this Report. 2.4 Vote by Mail 2.4.1 The Municipality of Clarington has successfully conducted the past three municipal elections using the vote-by-mail method. In 2006 we also introduced the use of central count tabulators to improve our vote counting. 2.4.2 Since 2000 Canada Post was the successful proponent contracted to provide voters' list management, design, supply and assembly of voting kits, and mailing of outgoing voting REPORT NO.:CLD-021-09 Page 6 kits and incoming ballots. Canada Post has confirmed they expect to be offering the same services for the 2010 elections as were offered in 2006. 2.4.3 Vote by mail met the principles of the Act, but staff believe, however, that the vote by mail process alone no longer meets the new accessibility standards. 2.5 Internet Voting 2.5.1 Internet voting provides a vote anytime anywhere solution. It may be used by all elector groups including seniors, visually impaired, deaf or hard of hearing, homeless, those away from home, and mobility impaired. Electors are provided an opportunity to vote at their convenience, in the comfort of their home or anywhere they can connect to the Internet. 2.5.2 To properly consider internet voting, staff researched the use of internet voting for municipal elections within Ontario and the use of internet voting in Ontario provincial elections and in federal elections. Staff also undertook a survey of our residents throughout Clarington to gather internet usage data. 2.5.3 While internet voting has been used globally since 2000, internet voting in Ontario was introduced at the municipal level in 2003 by several municipalities (in conjunction with traditional paper ballots at voting locations or telephone voting) including the Town of Markham, six municipalities in Stormont, Dundas and Glengarry and five municipalities in Prescott-Russell. While there was no doubt a learning curve for the electors and the Clerk's administration, the voter participation ranged between 39% and 65% for the smaller municipalities and 37% for the Town of Markham. In 2006 all but one of these municipalities used internet voting again and many more municipalities introduced internet voting as an option for their electors, including Peterborough and Cobourg. The 2006 voter participation in those same smaller municipalities generally ranged between 53% and 62%, while the Town of Markham remained consistent with 2003. The Town of Markham reports that a total of 17.2% of votes cast were cast using the internet. For the 2010 elections, again, these municipalities are continuing with internet voting and many intend on building on their internet solution. As well, other municipalities east of Clarington are contemplating the introduction of internet voting for their 2010 elections. 2.5.4 Internet voting has also been implemented for municipal elections outside of Ontario. Specifically, the Regional Municipality of Halifax offered internet and telephone voting for advance polls (3 days) in their regular municipal elections in 2008. Their overall REPORT NO.:CLD-021-09 Page 7 voter turnout consists of 36.2% with approximately 28% voting by internet, 12% voting by telephone and 71 % voting by traditional paper ballot at the voting location. Recently, in their September 2009 Special Election, they expanded their interneUtelephone options to run for 7 days (up to close of voting on voting day). Voter turnout was 35% with 3% voting by telephone, 75% voting by internet, and 22% voting by paper. Internet and telephone voting were also successfully used in three other municipalities near Halifax. 2.5.5 Elections Ontario has not yet implemented internet voting, however the Chief Electoral Officer's Report on the preparation and delivery of the 38th Provincial General Election, Access, Integrity and Participation: Towards Responsive Electoral Processes for Ontario which advocates the exploration of alternative (non-paper) voting channels, as well as other automated processes.i 2.5.6 In 2008 Elections Canada held the 40th General Election, following which Elections Canada undertook several surveys of electors, candidates, and polling staff. The following details key findings: · There is a marked decrease in voter turnout since 1962. · Elector responses indicated that 57% of those who did not vote were out of town, too busy, were at work or at school or had family obligations. · 48% of the Candidate suggestions for improvements dealt with voting or registration changes, and of those, 8% suggested introducing on-line voting. · Election Canada's Strategic Plan 2008-2013ii includes a commitment to increase the accessibility of the electoral process by testing innovative ways to vote and offere electors additional ways to register. 54% of the elector responses stated they would likely use the internet to vote. 46% of the candidate's responded that electors should be able to vote online, while 48% felt they should not. "Elections Canada reports they will continue their consultations and remains committed, with prior approval of Parliament, to conduct a secure electronic voting pilot in a by-election by 2013."iii 2.5.7 A telephone survey of the residents within Clarington indicates that a large majority of residents, including those in rural areas, have some type of sufficient internet access from within their homes. Out of those surveyed, the majority indicated that they are very familiar with using the internet. REPORT NO.:CLD-021-09 Page 8 2.5.8 There are several service providers of secure internet voting in Canada and abroad. The service levels offered vary among the suppliers. 3.0 ACCESSIBILITY 3.1 Effective January 1, 2010, in accordance with the Accessibility Standards for Customer Service, Regulation 429/07, we must provide accessible customer service. These requirements not only affect our day-to-day Municipal operations, but also our election activities as well. The principles of policies, practices and procedures required under this Regulation must include respect and dignity of our electors, the election procedures should be integrated into the regular election process unless an alternate is necessary, and our electors should all be provided an equal opportunity. As well, our election process should allow for assistive devices and any communications shall be in a manner that takes into account the person's disability. In considering our optimum method of conducting an election for the electors in the Municipality of Clarington we must consider our electors' needs. 3.2 Clarington's 2006 Solutions 3.2.1 In 2006 Clarington's Vote-by-mail method of conducting the municipal election enabled our electors who may have been mobility impaired, or visually impaired an opportunity to vote within the comfort of their own home using their own tools in which to cast their ballot. Additionally, any elector could have had a trusted friend or family member to , assist them in completing their ballot. They would have been required to then mail their ballot using the same means by which they would send any other piece of mail. 3.2.2 Electors were also provided the opportunity to attend the Municipal Administrative Centre where staff assistance was provided and magnifying sheets were available to enlarge the print. 3.2.3 Electors with hearing impairments could seek assistance using the Municipality's TTY or e-mail. 3.3 Elections Ontario 3.3.1 Elections Ontario has an ongoing mandate to ensure electors with special needs are able to participate in the electoral process and their program addresses the variety of needs that may arise as a result of a disability, culture or residential issues. REPORT NO.:CLD-021-09 Page 9 3.3.2 Elections Ontario conducts their elections using the traditional paper ballot at voting locations. However, in recent by-elections, they have piloted several technologies to meet the needs of their electors including: audio ballots, sip In puff, handheld controllers, Braille templates and magnifying sheets. 3.3.3 Elections Ontario does not offer any method of unsupervised voting. 3.4 Elections Canada 3.4.1 Elections Canada offers information, education and accessibility services to persons with special needs, seniors and those electors with limited reading and writing skills. 3.4.2 Elections Canada conducts their elections using the traditional paper ballot at voting locations. They do provide assistance at the polls as well, they offer documents written specifically for persons with disabilities, Braille templates and magnifying sheets, a sign- language DVD with open- and closed-captioning for people who are deaf or hard of hearing, voting templates, large-print list of candidates, a toll free TTY line, transfer certificates to vote at a designated location other than their designated location; language or sign-language interpreter services, and in hospital voting. 3.4.3 Elections Canada does not offer internet voting, but they do offer "special ballot voting" to any eligible elector who will not be able to attend the voting location on voting day or advance polling day. The special ballot may be mailed to the elector, or in some circumstances, the ballot may be delivered by an election official to the elector's home and the official may assist the elector in casting his/her ballot. 4.0 RECOMMENDED SOLUTION 4.1 The Municipality of Clarington has successfully proven that alternative voting methods provide improved accessibility for our electors. Staff believe that the accessibility provision can and should be improved by replacing the vote-by-mail method with internet voting combined with traditional paper ballots at voting locations throughout the municipality and with paper ballot votes tabulated with poll count tabulators. 4.2 The combined approach has been proven to better meet the needs of electors. Electors who have specialized equipment for reading may use this equipment to cast their ballot, and they are then not required to rely on any other assistance to actually cast their ballot. Electors who are not comfortable with technology will be provided the REPORT NO.:CLD-021-09 Page 10 opportunity to attend a voting location to cast their ballot. The use of poll count tabulators provides for accurate and efficient tabulation of votes at the voting location. 4.3 Although a new approach for Clarington, staff are confident that they will be able to work with staff from municipalities such as Markham, Peterborough, Cobourg and Port Hope to develop policies, procedures and forms based on their proven methods and experience. 4.4 Clarington's electors embraced the vote by mail system which was introduced in 2000. As well, our telephone survey results indicate that there is a rather high degree of trust in the internet. It can be concluded, therefore, that Clarington's electors would be receptive to change and technology. 4.5 The recommended solution will meet the goals for the 2010 municipal elections as detailed above. 5.0 PROPOSED PROCESS DETAILS 5.1 Voters' List Management - A Voters' List Management software system would be used to maintain the list of voters, enable electors to verify if they are on the voters' list via the internet, enable electors to register for internet voting, enable staff to approve registration for internet voting, as well as track who has voted and by which method. 5.2 Every elector on the Voters' List will be mailed a Voter Notification Card which will include: · notice of election, · voter instructions, · contact information for assistance, · voting option details, · elector eligibility, and · unique elector ID/PIN. Approximately 8-10 voting locations will be used on Voting Day to accommodate those electors who choose to cast a traditional paper ballot (Based on 50% voter turnout and 20% internet usage). A minimum of 2 voting locations will be offered per ward to ensure easy access for electors. 5.3 Each voting location will be selected to accommodate the anticipated volume of electors for: parking, ease of access to the facility, and ease of navigating within the facility. REPORT NO.:CLD-021-09 Page 11 5.4 Election Officials will use laptops to access the real-time Voters' List Management System to ensure compliance with the vote-once-only requirement. 5.5 Electors who wish to vote by traditional paper ballot will be required to attend the designated voting location and present the appropriate identification to receive a ballot. The Election Official would verify the elector's identity, scan the barcode on the Voter Notification Card to locate the elector's name on the Voters' List, strike the elector's name from the list, and issue the appropriate ballot. The elector would proceed to complete their ballot in a private voting area. The paper ballot would then be immediately returned to the Election Official. The Election Official would insert the ballot through the vote tabulator into the ballot box. The elector would then immediately leave the voting location. 5.6 To ensure the integrity of the internet vote, the service levels and security measures of the successful service provider will ensure the following: · "mission critical" protocol for servers, · Standard encryption protocols, · Firewalls and routers to address flood attacks, phishing, spyware and website defacing, · Password protection for system access and system rights, · Tabulation of votes restricted to close of voting on voting day, · System audit trails, .and · A two-step registration/voting process for the electors. 5.7 Electors who wish to vote by internet will register and vote in a two-step internet process. The elector would log onto the designated site, as stated in the Voter Notification Card, and register to vote by internet. During the registration process they would be prompted to enter specific information such as their birthdate and a secret question with an answer. Select staff would review the registrations daily to monitor any anomalies. Registrations are only approved by select staff. Once approved, the elector would receive their unique password via an encrypted password protected e-mail. Upon receipt of the password, the elector then logs onto the election site and proceeds to cast their ballot. The real-time Voters' List is automatically updated upon completion of the casting of the ballot. REPORT NO.:CLD-021-09 Page 12 5.8 Ninety-five public access computers are currently available in each of Clarington's Library Branches. These computers will be available for those electors who may not have ready access to a computer at home or at work and who wish to vote using the internet. 5.9 Both the Internet and the vote tabulators would be set to reject over-voted races and to flag under-voted races to enable the elector to correct if desired. 5.10 The contracted service providers shall provide systems and hardware that is proven reliable and secure. At no time is anyone able to see how an elector has voted. 6.0 VOTING OPPORTUNITIES 6.1 On-line - 10 days of voting beginning October 30th through to 8:00 pm on Voting Day. 6.2 Traditional Paper Ballot - 10:00 am - 8:00 pm on Voting Day, November 8,2010. 7.0 FINANCIAL IMPLICATIONS 7.1 The total estimated costs for the recommended solution of conducting the 2010 Municipal elections using Internet Voting combined with traditional paper ballots cast at voting locations and tabulated using poll count tabulators is estimated at a total cost of $225,000. These costs are based on estimates from potential service providers and real costs from municipalities who deployed a similar solution in 2006. 7.2 Since the 2006 Municipal Elections, $175,000 has been transferred into the 2010 municipal election reserve. Including the 2010 transfer of $125,000 the total budget will be $300,000. APPENDICES 1. Voter Turnout 2. Summary: Method of Conduct of Election and Vote Counting 3. Methods of Elections for Clarington 4. Draft By-law INTERESTED PARTIES i Elections Ontario, Access, Integrity and Participation, Towards Responsive Electoral Processes for Ontario ii Elections Canada, Report on the Evaluations of the 40th General Election of October 14, 2008 iii Elections Canada, Report on the Evaluations of the 40th General Election of October 14, 2008 Appendix 1 Report CLD-021-09 Voter Turnout Summary Year Method I:li~i~l~ Electors 1991 Traditional Paper 36,032 13,983 38.8% 1994 Traditional Paper 40,193 13,543 33.69% 1997 Traditional Paper 44,980 12,595 28% 2000 Vote by Mail 49,483 20,513 41.5% 2003 Vote by Mail 53,497 18,766 35.07% 2006 Vote by Mail 57,067 22,839 40.02% Appendix 2 . Report CLD-021-09 Summary: Method of Conduct of Election and Vote Counting Paper Ballot with Manual Count Pros Cons Comments Traditional voting - ballot marked in the space to the right of Electors must go to the voting location to cast votes A manual count may not provide an accurate count - the name and placed into a ballot box Labour intensive - additional election day workers - subjective All ballots counted at one location additional volume of voting locations, therefore more Late election night results Audit trail support staff election night Both voting and counting process may be scrutinized Ballots cannot be counted until 8 p.m. election day Is becoming more difficult to hire and train qualified therefore final results may be late - slow returns election day staff Votes counted by hand, therefore accuracy may be questioned Specific training of election workers on counting of ballots Optical Scan - Central Count Tabulators Pros Cons Comments Accurate results- eliminates manual counting Electors must go to the voting location to cast votes Election process to elector is similar to paper ballot with Election process at the voting locations may be scrutinized - Uncounted ballots are transported to a central manual count system not the counting except for the duplication process (re-mark counting location Available for either purchase or lease of ballots) Secrecy folders are provided to the elector for privacy of Fewer voting locations and election workers More labour intensive than voting count system but the vote less than a paper ballot system Earlier election night results as compared to manual Results are not available at the voting for the tabulation candidate/scrutineer Audit trail- paper ballot Require space to store machines Similar to traditional voting - ballot marked in the space to Election day - a large secure space is required to the right of the name and placed into a ballot box tabulate ballots and to accommodate election staff, All ballots counted at one location ballots and scrutineers Appendix 2 Report CLD-021-09 Summary: Method of Conduct of Election and Vote Counting Pros Optical Scan - Voting Location Tabulators Accurate results- eliminates manual counting Election process at the voting locations may be scrutinized - not the counting Voting location results can be printed for scrutineers Fewer voting locations and election workers Early election night results System can be programmed to tell the elector that he/she has over voted, under voted, or cast a blank ballot and they have the opportunity to re-mark a new ballot, therefore, no spoiled ballots Audit trail - paper ballot Similar to traditional votinQ Cons Electors must go to the voting location to cast votes Require space to store and prepare the equipment for election day Comments Purchasing and Leasing options available Secrecy folders are provided to the elector for privacy of the vote If Tabulator becomes inoperable (votes cast are stored in memory)... voters will deposit ballot in secondary ballot box until tabulator is up and running, or replaced Vote Tabulator audio ballot canavailable on all tabulators Mail-in Balloting with Manual Count Pros Cons Comments Easier access Unsupervised voting An accurate voters' list and revision process must be in Convenient Questions have been raised about the possibility of place Voting kit being stolen and getting into another person's Anytime, anywhere voting during the voting period hands - mail fraud Disruption in mail service could jeopardize the election Eliminates traditional advance voting It was questioned that there is no way to scrutinize voting Potential to increase turnout No proxies process to ensure that there was only one vote per Manual count/labour intensive and may question accuracy Manual paper ballot counting with mark to the right of the elector Late results name, therefore audit trail and recount process in place Ballots cannot be counted until 8 p.m. election day Includes... ballot, instructions, return envelopes and No voting locations, therefore reduced staffing needs therefore final results are late envelope for mail out Elector may drop off ballot to central location Votes counted by hand, therefore accuracy may be 1 sl class postage for kits and business reply for ballots questioned returned Longer voting period Vendor must ensure mail out, with ballot, was accurate Require program to remove names from the list as return Audit trail- provision for recount and that the return ballots are received through system envelopes are received on time (election day) Advised to communicate with Canada Post to discuss Labour intensive for opening, sorting and counting timely delivery of envelopes Role of candidates/scrutineers change More involvement from scrutineers Kits produced bv election system provider. Appendix 2 Report CLD-021-09 Summary: Method of Conduct of Election and Vote Counting Mail-in Balloting with Optical Scan Tabulating Pros Cons Comments Accurate count Unsupervised voting An accurate voters' list and revision process must be in No voting locations, therefore reduced staffing needs Questions have been raised about the possibility of place Elector may drop off ballot to central Voting kit being stolen and getting into another person's Disruption in mail service could jeopardize the election location hand - mail fraud Potential to increase voter turnout Anytime, anywhere voting during the voting period Role of candidates/scrutineers change Kits sent by 1 st class mail and business reply for ballots Eliminates traditional advance voting The vendor must ensure mail out, with ballot, was returned accurate and that the return ballots are received through Advised to communicate with Canada Post to discuss timely No proxies system on time (election day) delivery of envelopes Audit trail/provision for recount The ballot must be marked with a pen/pencil that the Require program to remove names from the list as return Feed ballots into machines as they are received during the tabulator will read envelopes are received election period - tabulation in central location, but no totals Accurate early election night results Results within 10 to 20 minutes on election day after 8p.m. Consider receiving locations on election day Kits produced by election system provider More involvement from scrutineers Internet Voting Pros Cons Comments Accurate count System may be perceived as vulnerable to hackers and Access to computers must be considered No voting locations, therefore reduced staffing needs additional due diligence related to the technology may be If voters' list is networked at the voting subdivisions, internet Easier access required could be used right up to and including election day Convenient - vote at home, business or out of country Unsupervised voting List must be accurate Anytime, anywhere voting during the voting period Voter card may be stolen and get into another person's Make sure system is safe from hackers May eliminate traditional advance voting hands - two step process reduces risk (mail fraud) Provide alternate locations for electors to vote (I.e. libraries, Review process required to ensure that there was only community centres) No proxies one vote per elector Potential to increase Voter tumout Immediate results on election day after 8p.m. Roles of the candidates/scrutineers changes No over votes Not everybody will be able to vote over the Internet When voting on internet an elector can see the names of the because of speed and computer security - some may candidates have to upload current versions of software {usually Audit trail (images of ballots can be produced) offered via link on vendor websjte) to use internet voting Provision for recount No subiectivitv relatina to count/recount Appendix 2 Report CLD-021-09 Summary: Method of Conduct of Election and Vote Counting Telephone Voting Pros Cons Comments Accurate count System may be perceived as vulnerable to hackers and An accurate voters' list and revision process must be in No voting stations and therefore reduced staffing needs additional due diligence related to the technology may be place Anytime, anywhere voting during the voting period required Must be safe from hackers Eliminates traditional advance voting Unsupervised voting No proxies Voter card maybe stolen and get into another person's hand (mail fraud) Results within 10 to 20 minutes on election day after 8p.m. Long distance charges- (1-800) number No subjectivity related to count/recount No way to scrutinize voting process to ensure that there was only one vote per elector Average time to vote approx 8 to 10 min based on size of ballot Last minute voting may jam lines Roles of the candidates/scrutineers chanQes Combined Internet and Telephone Voting Pros Cons Comments Accurate count System may be perceived as vulnerable to hackers Access to computers must be considered No voting stations and therefore reduced staffing needs and additional due diligence related to the technology Present provider does not know if this system can be Easier access may be required supported in a large municipality Convenient - vote at home, business or out of country Unsupervised voting An accurate voters' list and revision process must be in Anytime, anywhere voting during the voting period Voter card may be stolen and get into another place person's hands Must use a long distance provider Eliminates traditional advance voting Long distance charges (1-800) number If voters' list is networked at the voting subdivisions, internet No proxies No way to scrutinize voting process to ensure that could be used right up to and including election day Results within 10 to 20 minutes on election day after 8p.m. there was only one vote per elector Provide alternate locations for electors to vote (i.e. libraries, When voting on internet an elector can see the names of the Average time to vote by phone is approx 8 to 10 min community centres) candidates based on size of ballot No over votes Last minute voting may jam lines No subjectivity related to count/recount Roles of the candidate/scrutineers chanQe Summary: Appendix 2 . Report CLD-021-09 Method of Conduct of Election and Vote Counting T ouch Screen Pros Cons Comments Provide an accurate count Very costly to provide enough screens to eliminate Costly - require enough machines to eliminate potential System does not allow for over votes (rejected ballots) voting line-ups line ups Provides for an audio ballot for visually impaired electors to No recount process/no audit-no paper trail (a paper Set up of the voting location must be considered to vote without assistance trail is available but could be onerous - although not reduce glare on screen and also the potential for others Early election night results really different from any other recount process) to view the screen through mirrors, windows etc More involvement from scrutineers during the day ~eed to have backup machine or other voting options Be sure to conduct a voter awareness campaign as well No ballots required If the machine becomes inoperable as pre-voting demonstrations on how to use the Election results are available to the scrutineers at the voting Electors may leave the voting screen before casting equipment locations the vote (system dependent) Reduce the number of election staff Requires additional pre-voting day preparations May increase convenience for electors if it is combined with May generate negative media attention, potentially an ability to vote at any location, any time discouraging voters Appendix 3 Report CLD-021-09 Method of Elections For Clarington Traditional Paper Ballot with Vote Tabulators Summar of a roach: Very similar to traditional paper and manual count system in that: · The ballots are paper · Voting locations are arranged throughout the Municipality · Voting location staff are hired and trained · A voter's list is maintained at the voting location (paper or electronic) · Electors attend voting location to cast vote · Electors vote in a private voting compartment · Completed ballots are deposited into the ballot box · Votes tabulated at the voting location and then combined for cumulative results Staffin re Poll staff Office staff Can be done manually with paper lists, pen and ruler or electronically via the web. Some systems are designed to allow for electronically communicating back to MPAC followin the elections to streamline our Ie islated obli ations. Accessibilit Accommodations: This solution offers the opportunity to use audio ballots, magnifying sheets, and several assistive tools such as sip 'n puff for mobility impaired electors. It does however, require the elector to attend a voting location. Ward I Poll im lications We currentl do not have votin subdivisions. The would have to be created. Appendix 3 Report CLD-021-09 Method of Elections For Clarington Traditional Paper Ballot with Vote Tabulators on Voter turnout. $35,000 $8,000 $35,000 $10,000 $22,000 $6,000 $63,000 $17,000 $4,000 $1,000 $192,000 Appendix 3 Report CLD-021-09 Method of Elections For Clarington Mail-in Ballot with Central Count Tabulators Summar of a roach: An unsupervised voting process where electors are mailed a voting kit which includes instructions, declaration form, ballot and ballot return envelope. Electors are voting on a ballot similar to traditional voting processes. Municipality of Clarington has voted in the past three municipal elections using the Vote b Mail rocess. Staffin re uirements: Poll staff None Office staff During ballot return period prior to election day: Between 1 and 12 Election da 25 Ius Clerk's De t. staff E ui ment re uirements: Number of tabulators 2 units count seed from 4000-5000/hr er machine List Mana ement Re uirements: System is necessary to manage list of electors to add, remove, edit the entries on the list. This system would also be used to manage the names of those electors who voted. Some systems are designed to enable us to electronically communicate back to MPAC followin the elections to streamline our Ie islated obli ations. Accessibili Accommodations: Provides for electors to cast their ballot from the comfort of their home. Electors with visual impairments may use existing tools they may already use or may seek assistance from a trusted friend or family member. Mobility impaired electors may require assistance to mail their ballot. Ward I Poll im lications No chan es re uired. Elector Impact e . Familiari , learn in curve, trustworth , etc. Clarington electors have been using vote by mail for the past three municipal elections, however there have been provincial and federal elections conducted in between those. Some electors are confused with the change in process, while others question why they are not all conducted b vote b mail. Historical Voter Turnout with Votin Method 2000 - 41.5% 2003 - 35.07% 2006 - 40.02% Appendix 3 Report CLD-021-09 Method of Elections For Clarington Mail-in Ballot with Central Count Tabulators Recount method Central count tabulator Trainin re uirements . 1 hour for scanning operators . % hour on the job for election day · 4 hours for staff assigned to work on election day at the on-site voting location Public Relations I marketin Same, more or less, as 2006 No increase in costs ex ected Votin Dates VBM kits mailed Oct 18 Voting October 18 - November 8th N/A $8,000 $2,000 $65,000 $45,000 $6,000 $64,000 $12,000 N/A N/A $202,000 Appendix 3 Report CLD-021-09 Method of Elections For Clarington Internet & Telephone Ballot Combined Summar of a roach: An unsupervised voting process where electors vote from anywhere at any time during the voting period through either the telephone or the internet. A secure system, supplied by an external service provider to conduct the vote. A mail-out is sent to every elector providing notification of the election, explaining their voting options and dates, and providing them with a secret PIN number. Using the PIN number the elector casts their ballot either through the internet or telephone. The systems provide for a transparent audit trail of voting activities while maintaining secrecy of how each elector voter. Results are tabulated through the system. There are no paper ballots with this method of election. Electors who do not have easy access to the internet at home could take advantage of the internet access at each of our Libra branches. Staffin re uirements: Poll staff none Office staff 2-3 hel desk staff E ui ment re uirements: Service contract for the vote b internet and vote b List Mana ement Re uirements: Some suppliers include a voters' list management software component in their service solution while others have proven experience in combining their InternetfTelephone solution with the List Mana ement solution. Accessibilit Accommodations: Electors can vote in the comfort of their own home using familiar and in some cases specialized tools that meet their unique needs. Public access computers and/or telephones may be used by electors who would not otherwise have access. Electors who are out of area can convenientl vote. Ward I Poll im Iications No chan es re uired. Elector Impact e . Familiarit , learnin curve, trustworth , etc. While voting by the internet and telephone would be new for our Clarington electors, unsupervised voting is not. For the past three municipal elections, our voters have received a mailing in order to cast their ballot. Some electors may have a lack of trust in castin a ballot on-line or over the hone. Historical Voter Turnout with Votin Method None available for Clarington Munici alities re ort from 2006 elections voter turnout ran in between 53% - 62% Recount method re-calculation of electronic results Appendix 3 Report CLD-021-09 Method of Elections For Clarington Internet & Telephone Ballot Combined Trainin re uirements · Training of Clerk's staff by service provider · 3 hour trainin of hel desk staff Public Relations I marketin A very significant public relations campaign would have to be launched. This would include newspapers, unaddressed ad mail, "in community" demonstrations and on-line demonstrations. Staff would arrange to set up demos at service club meetings, open houses, libra branches, and communit centres. VotinDates Voting begins November 1s and continues through to 8:00 pm on November 8 . Budget Estimates -$2.00 per eligible voter $1.00 per eligible voter for mail-out costs Election Officials votin locations Temporary support staff (Clerk's office) Clerk I start rate x 3 staff x 16 da s Dedicated Tele hone line and sets 3 x $500 Election Supplies (pens, boxes, tape, etc) N/A $7,000 $3,000 $2,000 Printing & Reproduction (ballots, voters' lists, forms) Forms Postage (voter notification cards) estimate $1 / eli ible electors +10% Advertisin Vote tabulatin e ui ment hardware/software Contracted Service Costs a rox. $2/elector List management software (may not be required de endin on vendor Voter Notification production included in contracted service costs above Votin Location rentals Total $1,000 $66,000 $6,000 N/A $125,000 $9,600 $5,000 N/A $221,600 Appendix 3 Report CLD-021-09 Method of Elections For Clarington Traditional Paper Ballot with Poll Count Tabulators Combined with Re uested Mail-in Ballots Summa of a roach: This approach provides for a traditional paper ballot. Electors are provided a choice to either attend a voting location to cast their ballot or upon written request they may receive their ballot by mail and cast their ballot by mail. This approach is commonly used throughout the United States (referred to as absentee voting) and has recently been used by Elections Canada (referred to as Special Ballots - National Electors). This approach reduces the volume of "unsupervised voting", provides for signature verification, and allows for identification verification. Staffin re uirements: Poll staff Approximately 135 (on average 6 per voting locations plus roving su ervisors Office staff 1 Election day - approximately 25 municipal staff starting at 6:00 pm. For 1 hour on the job training. Includes Clerk's Dept. staff and other munici al staff Equi ment re uirements: Number of tabulators 20-24 units A roximatel 1 vote tabulator er eve 3500 eli ible electors List Mana ement Re uirements: System is necessary to manage list of electors to add, remove, edit the entries on the list. This system would also be used to manage the names of those electors who voted. Some systems are designed to enable us to electronically communicate back to MPAC followin the elections to streamline our Ie islated obli ations. Accessibili Accommodations: This solution offers the opportunity to use audio ballots, magnifying sheets, and several assistive tools such as sip 'n puff for mobility impaired electors at the voting locations. As well, electors who will be unable to attend a poll on voting day could, upon written request, receive their ballot b mail and cast their ballot b mail. Ward J Poll im Iications We currentl do not have votin subdivisions. The would have to be created. Elector Impact e . Familiarit ,Iearnin curve, trustworth ,etc. New to our electors as the process is not similar to any other election methods used by the Municipality, Province, or Federal. The use of vote counting equipment will only create a visual change at the voting locations. Availabilit of equi ment for accessibilit accommodations will onl create a ositive Appendix 3 Report CLD-021-09 Method of Elections For Clarington Traditional Paper Ballot with Poll Count Tabulators Combined with Re uested Mail-in Ballots im act for our electors with s ecial needs. Historical Voter Turnout with Votin Method No statistics available. However, the opportunity to request a mail-in ballot would parallel the traditional Proxy voting process and as such it is anticipated that the provision for a requested mail-in ballot would have minimal impact, if any, on the voter turnout. . Recount method Technicall the results re ort would sim I be re-run Trainin re uirements . The help desk staff would have to be trained on the steps of the process . 4 hour session for voting location staff . 6 hour session for roving supervisors · 5 hours for voting location staff responsible for specialized equipment for electors with special needs . 1 hour election night for receivers, transporters, auditors/balancing assistants . 1 hour for scanning operators . % hour on the job for election day · 4 hours for staff assi ned to work on election da at the on-site votin location Public Relations I marketin Different ads than in 2006. No increase in costs anticipated in fact there may be an opportunity for cost sharing with neighbouring municipalities because of consistent dates for voting. An increase in public awareness would definitely be required. Advertising for the method of election would be key to the success of the process. Which could include: print media, radio, as well as demos in the community such as clubs, COM, communit centers and 0 en houses. VotinDates Advance Voting at the Voting Locations: October 30 and November 3r Voting Day at the Voting Locations: November 8, 2010 Mail-in Ballots: mail-out Oct 18th and returned ballots acce ted to 8:00 m. Bud et Estimates Election Officials votin locations T em ora su ort staff Clerk's office Election Su lies ens, boxes, ta e, etc Printin & Re roduction ballots, voters' lists, forms Posta e voter notification cards + Mail out and In Advertisin Vote tabulatin e ui ment hardware/software List mana ement software Voter Notification roduction Votin Location rentals $35,000 $8,000 $35,000 $10,000 $28,000 $6,000 $63,000 $12,000 $4,000 $1,000 Appendix 3 Report CLD-021-09 Method of Elections For Clarington Traditional Paper Ballot with Poll Count Tabulators Combined with ReQuested Mail-in Ballots Total 1$193,000 Appendix 3 Report CLD-021-09 Method of Elections For Clarington Traditional Paper Ballot with Poll Count Tabulators combined with Internet Summar of a roach: This approach provides for a traditional paper ballot. Electors are provided a choice to either attend a voting location to cast their ballot or cast their ballot by internet. This approach was commonly used throughout Ontario in the 2006 municipal elections. This approach provides a solution which has proven to be well received by electors of all ages and background. Those electors who do not have a comfort level with the internet may still vote in a traditional manner, while electors who prefer to vote from home or work may do so through the internet. Based on feedback from other municipalities it is antici ated that u to 40% of the electors take advanta e of the internet votin 0 tion. Staffin re uirements: Poll staff A rox 75 on avera e - 6 er location + rovin Office staff 1 15 on election da + 3 hel lines E ui ment re uirements: Number of tabulators 12 units (Approximately 1 vote tabulator per every 3500 eligible electors) PCs / Laptops to be used to access the real-time voters list (approximately 4 per location but will de end on the facilities established as votin locations List Mana ement Re uirements: System is necessary to manage list of electors to add, remove, and edit the entries on the list. This system would also be used to manage the names of those electors who voted. Some systems are designed to allow for electronically communicating back to MPAC following the elections to streamline our legislated obligations. Some suppliers include a voters' list management software component in their service solution while others have proven experience in combining their InternetfTelephone solution with the List Mana ement solution. Accessibili Accommodations: Electors can vote in the comfort of their own home using familiar and in some cases specialized tools that meet their unique needs. Public access computers and/or telephones may be used by electors who would not otherwise have access. Electors who are out of area can conveniently vote. Electors who are not comfortable with the technology have the option to cast a traditional paper ballot at the voting location. Ward I Poll im Iications Not required. With the integration of the traditional paper ballot process with the internet process the real-time voters' list management is critical. This therefore enables electors to vote at an votin location within the ward. Appendix 3 Report CLD-021-09 Method of Elections For Clarington Traditional Paper Ballot with Poll Count Tabulators combined with Internet Elector Impact e . Familiarit ,Iearnin curve, trustworth ,etc. While voting by the internet would be new for our Clarington electors, unsupervised voting is not. For the past three municipal elections, our voters have received a mailing in order to cast their ballot. Some electors may have a lack of trust in casting a ballot over the internet and therefore they could still attend the voting location to cast a traditional a er ballot. Historical Voter Turnout with Votin Method No statistics for Clarington. However City of Peterborough voter turnout in 2006 using this combined method was 49.5%. Town of Cobourg voter turnout in 2006 using this combined method was 45% u from 39%. Recount method Poll count tabulator Trainin re uirements · Training of Clerk's staff by service provider · 3 hour training of helpdesk staff · 4 hour session for voting location staff · 6 hour session for roving supervisors · 5 hours for voting location staff responsible for specialized equipment for electors with special needs · 1 hour election ni ht for receivers, trans orters, auditors/balancin assistants Public Relations I marketin A very significant public relations campaign would have to be launched. This would include newspapers, unaddressed ad mail, "in community" demonstrations and on-line demonstrations. Staff would arrange to set up demos at service club meetings, open houses, Iibra branches, and communit centres Votin Dates Advance Voting: voting begins October 30th and continues through to 8:00 pm on November 8th. Bud et Estimates Election Officials votin locations Tem ora su ort staff Clerk's office Election Su lies ens, boxes, ta e, etc Printin & Re roduction ballots, voters' lists, forms Posta e voter notification cards Advertisin Vote tabulating equipment hardware/software/lnternet services $16,875 $7,000 $22,000 $7,000 $35,000 $6,000 $86,000 Appendix 3 Report CLD-021-09 Method of Elections For Clarington Traditional Paper Ballot with Poll Count Tabulators combined with Internet List manaqement software $12,000 Votinq Location rentals $1,000 PC/Laptop Rentals $5,000 Domain $1000 Total $198,875 Appendix 4 Report CLD-021-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009- Being a By-law to repeal By-law 2006-107 and to authorize the use of internet voting combined with traditional paper ballot voting at designated voting places and the use of automated vote counting equipment for the tabulation of ballots WHEREAS Section 42 of the Municipal Elections Act, 1996, as amended, provides that a municipal council may pass a by-law authorizing an alternative voting method including internet voting; AND WHEREAS Section 42 of the Municipal Elections Act, 1996, as amended provides that the council of a municipality may, by by-law, authorize the use of automated vote counting equipment for the purpose of counting votes at the municipal elections; AND WHEREAS Accessibility Standards for Customer Service, Regulation 429/07 requires the municipality to ensure that our election services include respect and dignity to our electors and our processes should provide all electors equal opportunity and allow for assistive devices which take into account the electors' disabilities; AND WHEREAS council deems it appropriate and in the public interest to conduct the municipal elections using a combined internet and traditional paper ballot method and to use automated vote counting equipment for the purpose of counting votes; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT the municipal elections be conducted using a combined voting method of Internet voting and traditional paper ballot; and 2. THAT automated vote counting equipment be used for the purpose of counting votes. By-Law read a first, second, and third time this 13th day of October, 2009. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Unfinished Business #2 Excerpt of Special Council Minutes - October 13, 2009 Resolution #C-594-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report CLD-022-09 be received; THAT election sign regulations continue as per the current by-law; and THAT staff report back on sight lines to ensure that safety issues are addressed. "TABLED" (see following motion) Resolution #C-595-09 Moved by Councillor Woo, seconded by Councillor Novak THAT the foregoing Resolution #C-594-09 be tabled until the next meeting of Council. "CARRIED ON THE FOLLOWING RECORDED VOTE";. Council Member Yes No Declaration of Pecuniary Interest Councillor Foster -..j Councillor Hooper -..j Councillor Novak .,j Councillor Robinson -..j Councillor Trim -..j Councillor Woo -..j Mayor Abernethy ~ Staff Report # 2 ,C[![-!lJgtnn REPORT CLERK'S DEPARTMENT Meeting: COUNCIL R.e.so/u-hoYl .* C - 594 -od C - SC')5-D I Date: Tuesday, October 13, 2009 Report #: CLD-022-09 File #: By-law #: Subject: PROPOSED ELECTION SIGN BY-LAW RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1 . THAT Report CLD-022-09 be received; 2. THAT Council approve in principle the proposed Sign By-law regulations pertaining to elections signs as detailed in Report CLD-022-09; 3. THAT, upon final review of the municipal Solicitor, the appropriate by-law be forwarded to Council for approval, and 4. THAT the interested parties listed in Report CLD-022-09 be advised of Council's action. Submitted b)(, { 1-vcC-:f.~~ r'h Patti L. Barrie, CMO Municipal Clerk \..... \ / \ r' " ( . () l'c:.~t,~ ~ i....~l(. ReViewed by:---' Franklin Wu, Chief Administrative Officer PLB/LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: CLD-022-09 PAGE 2 1. BACKGROUND During the last municipal election staff received numerous complaints from citizens and candidates about the visual effect of allowing unrestricted sign placement on municipal property and road allowances. At that time staff identified the need for a new Sign By-law and work began to review, consult and seek public input. In June 2009 Council passed Resolution #C-339-09 requiring "THA T the Municipal Clerk be directed to arrange for and schedule a Special Meeting of Council for the purpose of educating Members of Council on the methods of conducting the 2010 Municipal Elections under consideration, including signage." In developing the by-law staff had occasion to review the comments from the Public Information Sessions that were held prior to the enactment of the Municipal Sign By-law. Staff have also taken part in discussions with the Region of Durham and all the Municipalities in the Region to try to harmonize the enforcement of elections signs across Durham. Some of the suggestions from those meetings have been incorporated into the proposed by-law. 2. WHAT IS COVERED The proposed by-law extends to any form of signage used for promoting a candidate or a position on a question or by-law in an election. The by-law does not cover items which are mailed out or distributed by hand to an individual, only those things posted or displayed. The size of the permitted signs does not vary greatly from the Sign By-law restrictions which were in force during the last Municipal Election. In other jurisdictions there have been successful Charter challenges where signs have been totally banned. The courts have held that while the signs cannot be totally banned from public property they can be regulated and restricted. Staff have also heard from individuals and two federal political parties requesting a relaxed approach to sign placement to ensure that lesser known parties or positions have an opportunity to "get their message out". This request must be balanced against the needs of the Municipality REPORT NO.: CLD-022-09 PAGE 3 to control visual distractions for drivers safety and reduce the clutter which often results from unrestricted sign placement. The proposed by-law will prohibit the placement of any election signs only on roadsides or any road allowance which is under Municipal jurisdiction. The Region has indicated that it is their intent to continue to allow election signs on Regional Roads. By restricting the signs to Regional Roads, the level of congestion will be greatly decreased but should still provide sufficient opportunity for candidates to promote their campaign. . In previous elections, staff have received complaints about candidate signs being placed in front of the home of someone who supports another candidate or party. The proposed by-law will require that the occupant of the dwelling unit must agree to the sign on his or her property. If there is no agreement between these parties, the sign may be removed by the Municipality at the candidate's cost. Vehicle wraps are a relatively new form of advertising which are also covered in this proposed by-law along with other forms of Vehicle Election Signs. Section 48 of the Municipal Elections Act, 1996, prevents anyone from attempting directly or indirectly influencing an elector and prohibits the display of election campaign material or literature in a voting place. As the Municipal Administrative Centre has been used as a voting place during municipal elections, and will continue to operate at the Election Headquarters the proposed by-law will prohibit the parking or placing of any vehicle displaying a Vehicle Election Sign within a one block radius of the Municipal Administrative Centre at 40 Temperance Street Bowmanville, on the Voting Day or on any Advance Voting Day of a Municipal Election or on the property of any Voting Place on the Voting Day or on any Advance Voting Day of a federal or provincial election. Any vehicles found in contravention of this restriction will be towed at the owner's expense. Candidates and those registered persons seeking to influence another person to vote for or against any question or by-law submitted to the electors may have campaign offices. The proposed by-law will allow for signs to be erected on or at the offices once a REPORT NO.: CLD-022-09 PAGE 4 municipal candidate has filed his or her nomination papers or registered as an agent for a question to be placed before the electors. Any Campaign Office sign will have to comply with all the provisions of Sign By-law 2009-123 including Permits where necessary. Signs identifying the candidate's campaign office may only specify the candidate's name, the office they are seeking or the registered position on a question or by-law and any other contact information the candidate wishes to include. In the case of a federal or provincial Election, the sign may include the candidate's political affiliation. For ease of reference a Table has been attached to this By-law (Attachment 1 )which highlights the primary principles of the proposed by-law. 3. TIMING The proposed by-law prohibits the placing of any Election Signs more than forty-five days prior to any Advanced Voting opportunity. Phasing the restriction provides flexibility in that it allows a uniform period regardless of the method of voting. Should the Municipality change its method of voting, the forty-five day limit would still be valid. For federal and provincial elections the proposed by-law allows that election signs may be posted once the writ has been issued. Currently, all election signs must be removed within 48 hours after Voting Day. The proposed by-law will extend that time to three days after Voting Day. Any signs not removed within that timeframe may be removed by the Municipality and will be subject the same costs as for illegally placed signs. 4. FEES The proposed by-law requires that all candidates in a federal or provincial election will be required to submit a deposit of $260 prior to posting any election signs. In the case of a municipal election, the $260 deposit will be due when the candidate files his or her Nomination Papers. REPORT NO.: CLD-022-09 PAGE 5 This money will be held by the Municipality. It will be a means of defraying the cost of removing illegally placed signs and is intended to act as an incentive to the Candidate to adhere to the requirements of the by-law. If the number of signs removed exceeds the deposit, then the Candidate will be charged for the extra signs. Any money remaining from the deposit will be returned to the candidate, without interest, within 60 days following Voting Day. Where the Operations Department has had to act to remove a sign on the Municipality's behalf, the actual cost of the removal can also be billed to the Candidate at the current rate as established by the Operations Department for sign removal. A fee of $20 is in line with the practice of the City of Barrie and is lower than the actual cost of removal. The intent is not to severely punish the Candidate for possible errors by his or her campaign workers but rather to place a value on the placement of the signs and therefore an incentive to ensure that the Candidates and their workers comply with the by-law. It is anticipated that the Candidate's staff will keep a close watch on the actions of their campaign workers in order to keep the costs as low as possible. 5. CONCLUSION Discussions with the Region of Durham are ongoing and there may be more changes in the Region's approach to the issue in the near future. Based on discussions to date the proposals are in line with the by-laws and proposals of the other Municipalities within the Region. The proposed by-law will be a dramatic departure from previous practice. It will greatly reduce the visual and physical pollution of the road allowances which was experienced during the last municipal election. It addresses the concerns which were raised by residents during the public meetings while providing a fair opportunity for all candidates to promote their campaign. REPORT NO.: CLD-022-09 PAGE 6 It is respectfully recommended that the attached by-law be endorsed in principle and forwarded to the Municipal Solicitor for his review and comment. Attachments: Principles of Proposed By-law Interested Parties: Judy Climenhage Dave Daidson Marion Manders Elva Reid Sue Wiegan The Green Party of Canada The Christian Heritage Party REPORT NO.: CLD-022-09 PAGE 7 Principles of Proposed Bv-Iaw Definitions The definitions within the proposed by-law will expand upon those listed in the current Sign By- law by adding specific definitions for Campaign office, election signs and what will be considered to be an Election Sign, Voting Day and Voting Place. General The general provisions will speak to the prohibition on attaching election signs on trees on public property, the use of flashing or rotating lights and any form of illumination which may simulate or interfere with any traffic control device. The use of the Municipality of Clarington's logo, crest and seal are prohibited. In order to ensure fire safety election signs will not be permitted within 1 metre of a fire exit, fire escape or a fire hydrant. The size of the election signs will mirror those requirements set out in the current Sign By-law 2009-123. In addition to these requirements, the Candidate will be responsible for the appearance of hi or her signs and must maintain them in good order and clean condition. Signs of Public Property Signs will not be permitted in any Public Park of any Public Property owned by the Municipality. Signs will also not be permitted on any road allowance or highway under the jurisdiction of the Municipality. Signs will not be allowed on any traffic control signs or sign structures. Safety concerns for proper visibility at intersections will mean that signs will not be allowed within the Visibility Triangles at intersections. Election Signs will be permitted on public utility poles, in accordance with the rulings of the Ontario courts, provided they do not form a visibility hazard. Signs will also be permitted on all Regional and Provincial roads and the Region's and the Province's rules shall apply. REPORT NO.: CLD-022-09 PAGE 8 Signs on Private Property The placement of signs on private property will be left to the discretion of the owners and occupants of the property. The Municipality will not restrict their freedom of expression. Signs will not however be allowed on the exterior side of fences. Prohibited Locations Vehicle Election signs will not be permitted within a one block radius of the Municipal Administration Centre at 40 Temperance Street or any other Voting Place on any Voting Day. This is in accordance with the principle that the voter has the right to be unimpeded and unduly influenced he or she proceeds to vote. Campaign Offices Campaign Office signs may be erected once a candidate has filed his or her nomination papers. The Office sign will identify the Candidate by name, the office they are running for or their registered position of a question or by-law and any contact information. In the case of a federal or provincial election the Office sign may also list their party affiliation. Since size and location details for wall signs and identification signs vary across the Municipality, in all cases the particular characteristics of the sign will be governed by the Municipal Sign By-law. Timing So as not to tie or restrict the sign provisions to any particular method of conducting a vote, the by-law proposes that signs not be erected until 45 days prior to the first Advanced Voting opportunity in the case of a municipal election. For federal and provincial elections the earliest permitted date is the day that the writ of election is issued. In all cases all election signs will have to be removed no later than three days following Voting day. Deposits and Penalties Each candidate will be required to submit an Administrative Fee Deposit of $260.00. This will be held until 60 days after the election. Any time a Candidate's sign has to be removed for failure to comply with the provisions of the By-law an Administration Fee of $20 will be charged against the Candidate. REPORT NO.: CLD-022-09 PAGE 9 Once removed the signs will be held for up to 30 days during which time the candidate may retrieve them from the Operations Department. The Candidate will be liable for any all damage caused by the placement or removal of his or her signs. If the signs are not retrieved within the 30 day period they will be destroyed with no compensation to the Candidate.. 60 days after the election, the Administrative Fee Deposit will be returned without interest less any monies previously deducted. The Candidate will also be separately liable for the cost of any Operations Department equipment required to remove an illegal sign. Failure to comply with the provisions of the by-law could result in charges laid against the Candidate, their agent or both. The maximum penalty would be a fine not in excess of $5,000. UNFINISHED BUSINESS #3 ClillmglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 14, 2009 ; . \ \ Report #: Addendum 1 to PSD-067 -09 File #'8: COPA 2005-008, By-raw #: PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 Subject: STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT Addendum 1 to report PSD-067-09 be received; 2. THAT report PSD-067 -09 be tabled until the October 19th meeting of the General Purpose and Administration Committee; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. ""j " " I /. ).' ;/, /. ..~. .'., . . / ~./. /./1 //Z./ Submitted by. z~~... .~. I ,I '" Davl J. Crome, MCIP, RPP Director of Planning Services C~ r~ '- ' -/. IJ Reviewed by:,) /t.J-....v '~J '/t~'L Franklin Wu, Chief Administrative Officer DJC 10 September 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: Addendum to PSD-067-09 PAGE 2 1. At the meeting held on June 29, 2009, Council tabled report PSD-067-09 to September 14, 2009. The report recommended that the Municipality take the position that the Neighbourhood Design Plan and the related development applications must incorporate "a restored, naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood". 2. Staff of the Municipality and the Ganaraska Region Conservation Authority subsequently met with the Smooth Run Developments Inc. and Brookfield Homes Limited to clarify the possibilities for day-lighting and incorporating a naturalized and restored tributary into the subdivision plan. It is my understanding that the developer's engineers are reviewing this matter. 3. At the same meeting, we were advised that the priority for the Metrus Developments (Smooth Run) was the completion and approval of their Brookhill plan of subdivision in Bowmanville. Subsequently, the focus of the efforts on behalf of Metrus Developments has been on resolving the outstanding issues related to the Bowmanville subdivision application, including the external services and the joint development arrangements with other developers in the neighbourhood. As a result no further meetings have been held with respect to the Village North project. 4. The Ontario Municipal Board held a pre-hearing conference on the Village North applications on August 4, 2009. The Board has set a timetable for the appeals of the Village North development proposals as follows: . Pre-Hearing Conference on October 30,2009 . Hearing commencing February 5, 2010 5. In recognition of the efforts to prioritize the Bowmanville development applications, it is recommended that report PSD-067 -09 be further tabled until to the October 19th meeting of the General Purpose and Administration Committee. This recommendation is supported by the developers. List of interested parties to be notified of Council's decision: Bryce Jordan, Sernas Associates Smooth Run Developments Brookfield Homes (Ontario) Limited Hugh Allin Steve Wilson Cory Geddes Robert Macdonald Robert F assen Helen Jones Rev. Robert Brouwer Ganaraska Region Conservation Authority Robert Craunstown. Jerry Reffosco Joanne Raymond Steve Holliday Doug Rombough ~pn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE () I -::/./, ~",} ilJ /7 . .-' ~f:)l ;ka/O/"l ()1--/7 -- TIJ -(>) Date: Monday, June 22, 2009 Report #: PSD-067 -09 File #'s: COPA 2005-008, By-law #: PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 Subject: STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-067-09 be received; 2. THAT the Municipality advise Smooth Run Developments Inc. and Brookfield Homes (Ontario) Limited that it is the Municipality's position that the North Village Neighbourhood Design Plan and the related official plan amendment and development applications must incorporate a restored and naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1 Submitted by: Reviewed by: I 1-"-::"'-, of"~ ( t 'I' ' ..--'#. ",J (OJ .)\.\ Franklin Wu, Chief Administrative Officer CS/CP/DJC/df 18 June 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-067-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owners: Smooth Run Developments Inc. (Metrus Developments Inc.) Brookfield Homes (Ontario) Limited 1.2 Agent: Sernas Associates 1.3 Proposed Clarington Official Plan Amendment (May 2009): . Amend Map E3 to increase the population of the North Village Neighbourhood from 3,900 to 5,100 and related changes to the population table. . Amend Table 9-2 by increasing the housing target for North Village Neighbourhood to reflect the following: i) 1,050 low density units to 1,275 units ii) 250 medium density units to 420 units iii) total from 1,350 units to 1,750 units; and iv) amending all corresponding totals. . By amending Section 16.9 - Special Policy Area G North Newcastle Village to, among other things, reflect the proposal to redesignate the lands currently designated Future Urban Residential Area for urban residential uses. . Amend Map A-4 -"Land Use Newcastle Village Urban Area" by: i) re-aligning Regional Road 17 (Type IB' Arterial); ii) revising the collector road pattern; iii) deleting a public elementary school symbol; iv) relocating two elementary school symbols; v) relocating two neighbourhood park symbols; vi) relocating two medium density symbols and adding three more medium density symbols; and vii) deleting the "Future Urban Residential" designation within Special Policy Area G. . Amend Map B4 -"Transportation - Newcastle Village Urban Area" by realigning Regional Road 17 (Type IB' Arterial) and revising the collector road pattern. 1.4 Draft Plans of Subdivision (May 2009): . Smooth Run Developments: 737unit residential Plan of Subdivision consisting of 304 single detached dwellings, 323 semi/link dwellings, 110 townhouse units, and part blocks for residential units, one (1) elementary school, (1) park block, a parkette, two (2) stormwater management facilities and a Future Development Block. REPORT NO.: PSD-067-09 PAGE 3 · Brookfield Homes (Ontario) Limited: 293 unit residential Plan of Subdivision, consisting of 120 single detached dwelling units, 93 semi/link dwellings, 80 townhouse units, and part blocks for residential units, a parkette, and a Future Development Block. 1.5 Zoning By-law Amendments: Change the current zoning on both properties from "Agricultural (A-1) Zone" to an appropriate zone to permit the proposed developments. 1.6 Site Area: Smooth Run Developments Brookfield Homes TOTAL 73.84 hectares 34.86 hectares 108.70 hectares (269 acres) 1.7 The subject properties are located north of the Canadian Pacific Railway (St. Lawrence and Hudson Railway), east of North Street (Regional Road 17) and Highway 35/115, south of Concession Road 3 and west of Arthur Street, being Part Lots 27 & 28, Concession 2, former Township of Clarke. 2.0 BACKGROUND 2.1 On August 24, 2005 Staff received an application to amend the Clarington Official Plan submitted from Smooth Run Developments Inc. (Smooth Run), a company of Metrus Developments Inc. and Brookfield Homes (Ontario) Limited (Brookfield). A Neighbourhood Design Plan was also submitted by both parties. 2.2 Smooth Run and Brookfield have each submitted separate applications for draft plans of subdivision as well as rezonings. A statutory Public Meeting was held on January 9th, 2006. The applications were referred back to staff for further processing, the completion of the Neighbourhood Design Plan process and a Financial Impact Analysis. The Financial Impact Study was undertaken by Hemson Consulting for the Municipality of Clarington and included a review of these applications as well as various major development proposals in other areas of the Municipality. The conclusions and recommendations of the Financial Impact Analysis were presented at the General Purpose and Administration Committee Meeting of February 25, 2008, through Report FD- 007-08. 2.3 On May 28, 2008, both Smooth Run and Brookfield submitted revised draft plans of subdivision and corresponding rezoning applications for only the lands in the south-west corner of the combined overall site, where the applicants believed that servicing would be available for approximately 250 units, referred to as Phase 1. 2.4 On July 28, 2008, a revised Official Plan Amendment was received, as well as a third revision to the two draft plans of subdivision and rezoning applications based on the entire site. The total number of residential units was 1,567. REPORT NO.: PSD-067-09 PAGE 4 2.5 On August 7, 2008 the Municipality received a Notice of Appeal submitted by the solicitor for Smooth Run and Brookfield, regarding the Official Plan Amendment, proposed Draft Plans of Subdivision and applications for Zoning By-law amendment. The appeals were filed under Sections 22 (7), 51 (34) and 34(11) of the Planning Act, for the Municipality's failure to make a decision in respect of these development applications. The appeals were the subject of Report PSD-092-08, considered by Committee on September 8, 2008. 2.6 A second statutory Public Meeting, based on the July 28, 2008 submissions was held on September 22, 2008. The applications were referred back to staff for further processing and the completion of the Neighbourhood Design Plan process and resolution of issues. 2.7 On December 10, 2008, a Prehearing Conference before the Ontario Municipal Board was held. At that time, the Municipality and applicant's solicitor agreed to continue to work on resolving the various issues, regarding financial impacts, phasing and environmental concerns. A second pre-hearing conference was held on March 26th, 2009 at which time a third pre-hearing conference was set for July 9th, 2009 to establish the issues for the actual OMB hearing. A date for the OMB hearing was also set for October 5th, 2009 for 21 days. The re-alignment of Regional Road 17 involved the Region, the Ministry of Transportation and the developers. It was resolved through mediation held March 6th, 2009. 2.8 On May 6th, 2009 the proponents made a fourth submission of the plans of subdivision. This submission is currently in circulation for comments from review agencies (Attachment 2). 2.9 Since the appeal, there have been on-going "without prejudice" discussions with the proponent to resolve the large number of issues related to this proposal. Given the size of the proposed development, comprising virtually an entire neighbourhood, and given the anticipated time to build-out, there have been numerous issues under discussion with the applicant, involving the long term needs of various government agencies and the Municipality. This development was also highlighted in the Study of the Financial Impact of New Developments in Clarington. While it appears that a number of issues might be resolved by agreement, there is an issue of central importance to the developers and the Planning Services Department which remains at an impasse. The purpose of this report is to refer to Council for consideration. 3.0 RESTORATION OF THE FOSTER CREEK TRIBUTARY 3.1 The subject lands are located within the Foster Creek Subwatershed. The Foster Creek Subwatershed Planning Study was finalized in March 2001 by the consulting firms of Gartner Lee Limited (now AECOM) and Greenland International Consulting Inc. The study identified resource management objectives for aquatic and terrestrial habitat, surface and groundwater functions, soil and land resources and wildlife corridors and REPORT NO.: PSD-067-09 PAGE 5 linkages. The report identified the northerly tributary as a wetland and identified a significant wetland/forest feature (Site 14) east of Arthur Street. It recommended, among other things, that: · a portion of a "buried" tributary/wetland north of the railway in the vicinity of Arthur Street be uncovered and restored; and · a 100 metre wide corridor be established to connect the Graham Creek and the Foster Creek valleys. The establishment or restoration of native trees and ground cover in the corridor will facilitate wildlife movement and connections between significant environmental features (Attachment 3). The subwatershed study and its recommendations were received by Council in June 2001. 3.2 The two tributaries in the North Village neighbourhood have been severely affected by tile drainage and farm practices over the years. In the view of the Municipality's consultant, the tiling of the northerly tributary has been somewhat ineffective and a meadow marsh community has developed in the depression which includes the buried watercourse. The watercourse conveys water overland as well as through the tiles. The alternatives that are under discussion to date are as follows: . The Developer's Proposal: The construction of a new bypass pipes within the road system of the subdivision to convey the water from outside the Plan of Subdivision (east of Arthur Street) to bypass the stormwater ponds and discharge immediately north of the railway tracks into the existing culverts and tributaries; or . The Staff Proposal: To restore the northerly existing tributary appropriately designed as a functioning naturalized corridor. 3.3 This matter has been the subject of some discussion since the applications were submitted. The developers have provided opinions from two environmental consultants. Stantec Consulting Ltd. and LGL Limited examined the ecological benefits of daylighting a piped tributary in the subwatershed of Foster Creek, and the benefits of a naturalized corridor adjacent to the CRP railway connecting the Foster Creek and Graham Creek (See Attachments 4, 5 and 6). The proponents are proposing two large stormwater management ponds at the south end of the neighbourhood and in their view, the ponds would provide an east-west wildlife corridor. Our consultant's view is that this existing configuration does not fulfill the function of a terrestrial wildlife corridor. The developer's consultants have advised that there does not appear to be sufficient local population of animal and bird species to warrant a 100 metre wildlife corridor. The stormwater management feature is an adequate facility to provide east-west conveyance of wildlife. In addition, this feature would create a road safety issue. With respect to the daylighting of the tributary their consultants concluded it may result in REPORT NO.: PSD-067-09 PAGE 6 deleterious impacts on the watercourse including temperature increase and sediment load. In their opinion there is no apparent fisheries benefit. Their estimated cost of daylighting the tributary is estimated to approach $1 million dollars. 3.4 Given the proponents continuing objection to the restoration of the tributary or to provide an alternate proposal to meet the objectives of the Subwatershed Study and with a Municipal Board hearing imminent, staff requested the original authors of the Foster Creek Subwatershed Report to review the opinions provided by the applicant's consultants (See Attachment 7). Gartner Lee, now part of AECOM, continues to support the overriding vision in the original report "to maintain and enhance the health and quality of the Foster Creek Subwatershed and its ecosystem." Natural heritage features in the Foster Creek Subwatershed area are in short supply. The valleys of the Wilmot and Graham Creeks are more robust and offer higher potential for natural heritage functions than Foster Creek due to intense agricultural practices. Overland connections between watersheds could enhance natural heritage functions. In this instance the east-west railway corridors serve as an anchor for a corridor. With the appropriate wildlife underpasses and fencing, road kill and road safety issues can be mitigated. With respect to daylighting and restoration of the partially buried tributary, AECOM re- confirmed that daylighting the tributary would contribute to creating connectivity within the watershed, as well as conveyance of nutrients and provides habitat for benthic invertebrates. AECOM advises that daylighting would be no more costly than the engineering and construction required to collect the water and deliver it downstream, through a third pipe. The daylighted tributary can be planted with native species to produce a tree canopy which will maintain water temperature levels. 3.5 Planning Staff and GRCA staff have repeatedly requested the developers to amend the proposed Official Plans, Neighbourhood Plans and Draft Plan to include the daylighting and restoration of the tributary and the wildlife corridor. This has not occurred. 3.6 In response to the most recent submission of the subdivision plans, GRCA staff noted that "the lot layout presented in the most recent draft plan continues to ignore the recommendations of the Foster Creek Subwatershed Planning Study. The plan fails to incorporate either of the opportunities presented in the report, one being the restoration of a buried tributary and the other a wildlife corridor along the southern boundary of the property. GRCA staff have been involved in numerous meetings and reviewed several pieces of correspondence from the applicant's consultants regarding the merits of both of these recommendations". GRCA staff remains "of the opinion that a properly restored and naturalized stream channel is the preferred alternative to the current proposal, a piped watercourse. In addition, they are of the opinion that provided wildlife fatality due to increased traffic volumes can be mitigated, a wildlife corridor would serve to enhance the function of a connected natural heritage system". REPORT NO.: PSD-067-09 PAGE 7 4.0 APPLICABLE PLANNING POLICIES 4.1 Provincial, Regional and Clarington planning policies support the concept of planning for the diversity and connectivity of natural features so that the long terms ecological functions and biodiversity of natural heritage systems is maintained, restored or improved. From a policy perspective, "islands" of sensitive features are no longer sufficient, but connectivity is critical. 4.2 Provincial Policy Statement (PPS) Section 2.1 Natural Heritage, states that natural features and areas shall be protected for the long term. The diversity and connectivity of natural features and the long-term ecological function and biodiversity of natural heritage systems should be maintained, restored or where possible improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Natural heritage systems is defined as: "a system made up of natural heritage features and areas, linked by natural corridors which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species and ecosystems. These systems can include lands that have been restored and areas with the potential to be restored to a natural state. " Surface Water feature is defined as: "refers to water-related features on the earth's surface including headwaters, rivers stream channels, inland lakes, seepage areas, recharge/discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture, soil type, vegetation or topographic characteristics". Wetlands are defined as: "means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four types of wetlands are swamps, marshes, bogs and fens". Section 2.2 Water, requires planning authorities to protect, improve and restore the quality and quantity of water by using the watershed as the ecologically meaningful scale for planning. Other related policies are: Section 1.5, Public Spaces, Parks and Open Space policies, states that healthy active communities should be promoted by planning public streets and spaces that are safe and facilitate pedestrian and non-motorized movement. A full range of publicly accessible built and natural setting for recreation including facilities, parks, open space and trails should also be considered. REPORT NO.: PSD-067-09 PAGE 8 Section 1.8, Energy and Air Quality, states that planning authorities shall support energy efficiency and improved air quality through various means in the planning and development process. 4.3 Provincial Growth Plan The Provincial Growth Plan for the Greater Golden Horseshoe is to be read in conjunction with the PPS. Section 4.2.1 of the Growth Plan states that Planning Authorities are encouraged to identify natural heritage features and areas that complement, link or enhance natural systems 4.4 Durham Reqion Official Plan 4.4.1 A goal of the Regional Official Plan is to preserve, conserve, and enhance the Region's natural environment for its valuable ecological functions. The development of a connected and functional natural system comprised of the Greenlands System (identified in the Regional Official Plan) and additional linkages and corridors as identified in area municipal official plan is encouraged. 4.4.2 The Environmental policies of the Durham Region Official Plan, under the 'Woodlands' section state: The Region will in cooperation with the area municipalities, conservation authorities and other agencies having jurisdiction, participate in managing the woodlands in the Region by establishing an overall woodland cover target of a minimum 30% of Durham's total land area. 4.4.3 In addition the 'Water Resources' policies state that during the process of assessing development, streams and adjoining lands are to be retained in, or rehabilitated to, a natural state, for the protection of fish and wildlife habitat and to minimize alterations to natural drainage systems and sediments entering a watercourse. 4.5 Clarinqton Official Plan 4.5.1 A goal of the Plan is to enhance. natural heritage systems and ecological integrity. An objective is to enhance ecological processes, biodiversity and connections within the natural heritage system. 4.5.2 The Plan states that in order to ensure corridor functions are maintained, and where possible improved or restored, every application for development or site alteration shall indentify planning, design, and construction practices that ensure no buildings or other site alternation impede the movements of plants and animals among natural heritage features, hydrologically sensitive features and adjacent lands. 4.5.3 The Plan notes that there are a number of natural heritage features which cannot be shown on the official plan schedules due to either inadequate information or the nature of the feature. The Plan notes that these features are also important to the integrity of the natural heritage system. Furthermore, the municipality is to prepare a subwatershed REPORT NO.: PSD-067-09 PAGE 9 plan prior to the development of any plan of subdivision, with part of the purpose being to identify the natural features and systems to be preserved, enhanced or restored. The Foster Creek Subwatershed study was completed in 2001 and the recommendations were received by Council in principle. 5.0 IMPLICATIONS OF THE RESTORED TRIBUTARY AND/OR WILDLIFE CORRIDOR TO THE SUBDIVISION DESIGN 5.1 The Village North Neighbourhood area has been affected by aggressive farm practices and, outside of the tributary, has only farm hedgerows. As a whole, this makes the lands extremely efficient to develop but lacking in any natural character for its residents. AECOM noted that the Foster Creek Watershed, as a whole, even taking into account of all restoration opportunities could achieve 4% forest cover. Even in the last few weeks, the site has been disturbed with a portion of the tributary area being regraded and planted with a cover crop. The restoration of this tributary provides an opportunity for improving the forest cover in the watershed and natural open space area for residents of the neighbourhood. 5.2 The subdivision design to date has involved the planning for two large stormwater ponds at the south end of the development and the future construction of two by-pass pipes to convey water from outside of the neighbourhood around or under the stormwater ponds to be discharged southerly near the railway. The development proposal requires extensive regrading, in part as the proponent wants to minimize costs by attempting to maintain a cut and fill balance on the site. Thus the substantial quantity of soil excavated for the stormwater ponds is to be moved to other parts of the site. In addition, lands requiring regarding to accommodate the proposed servicing scheme and deal with some steep grades. Retaining and restoring of the northerly tributary will require re-engineering of the project as currently proposed, potentially including the relocation of the stormwater ponds. 5.3 The restoration of the tributary would require a corridor approximately 30 m wide. This would yield a loss of approximately 1.6 ha from the site. This is equivalent to approximately 35-40 units, assuming the densities currently proposed for the site. 5.4 If the wildlife corridor was to be incorporated along the railway, both our consultant and GRCA indicated that it could be less than 100 m as originally proposed. The impact of the corridor would be the relocation of the ponds northerly and the loss of more than 50 lots. 6.0 CONCLUSION 6.1 The restoration of the northerly tributary is the preferred option, if only one is to be implemented. It provides a number of environmental benefits including: REPORT NO.: PSD-067 -09 PAGE 10 . Enhanced ecosystem function including the creation of wildlife habitat and habitat for benthic invertebrates and the contribution of nutrients for downstream fish habitat, a reduction in flashy floods, removal of waterborne pollutants, and array of ecosystem services associated with riparian and forest vegetation; . Increased forest cover in the Foster Creek watershed; . Enhanced connectivity with the significant swamp forest, thicket and meadow marsh referred to as Site 14 to the east of Arthur Street; and . Open space opportunity for residents of the neighbourhood. 6.2 The costs of engineering and constructing the by-pass pipe solution have not been provided and the costs of the restoration of the existing watercourse would appear to be exaggerated. Utilizing Stantec's cost estimate but applied to a more accurate length following the existing watercourse, the estimated cost is $800,000 but could be much less since with limited flows there is no need for intensive design and engineering. The cost of the by-pass pipe also requires engineering the solution, constructing the pipe and excavating the tile drain. Our consultants indicate that many of the costs overlap with and may not be much cheaper than daylighting through natural channel design. The major concern relates to the loss of some residential units. 6.3 Our consultant has noted that there is always more than one solution to improve ecosystem integrity. Alternative means of achieving the goals of the Official Plan and the Subwatershed Plan could be explored through further discussion following Council's decision on the matter. 6.4 Since this matter is before the Ontario Municipal Board, Committee may want to discuss some legal aspects related to the appeal and the Municipality's position. The Solicitor will be present and a legal update can be considered in closed session. Attachments: Attachment 1 - Neighbourhood Design Plan Attachment 2 - Fourth Submission of Draft Plan of Subdivisions Attachment 3 - Extract of Subwatershed Study Attachment 4 - Stantec Consulting Ltd. - Opinion Letter Attachment 5 - LGL Limited - Opinion Letter, February 15, 2008 Attachment 6 - LGL Limited - Opinion Letter, June 13, 2008 Attachment 7 - AECOM - Peer Review Letter REPORT NO.: PSD-067 -09 List of interested parties to be notified of Council's decision: Bryce Jordan, Sernas Associates Smooth Run Developments Brookfield Homes (Ontario) Limited Hugh Allin Steve Wilson Cory Geddes Robert Macdonald Robert Fassen Helen Jones Rev. Robert Brouwer Ganaraska Region Conservation Authority . Robert Craunstown. Jerry Reffosco Joanne Raymond Steve Holliday Doug Rombough PAGE 11 - 1 I : I tRv. 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I 1 -~~~ :::~-= JD.;..~~JU) - ....-n.:Ir.T- >=.-. ~E~NI.!Ir.!!5 AS!50CIATI!'5 I._...._Q__I ~-110St...r.-lTIt'!.~"l~ \)oIIlU nllllvm z.al. l'Hty,rN _;>'00 ~,=- lllUl1 NORTH VILLAGE -BROOKrlELD ~r~~J~1 Attachment 3 To Report PSD-067-09 Foster Creek Watershed Greenlands System Limits of Foster Creek . - - Sub Watershed Study Area _ Natural core Area /' _ Ecological Restoration Area and Linkages i - - - - -: Corridors, Connections :_____~and Minor Core Areas Stantec Consulting Ltd. 361 Southgate Drive Guelph ON N 1 G 3M5 Tel (519) 836-6050 Fax (519) 836.2~93 stantec.com Attachment 4 To Report PSD-067 -09 ~ ._~ Stantec October 11, 2006 File No. 160960242 Carlos Salizar, Planner Municipality of Clarington 40 Temperance Street Bowmanville Ontario Dear Mr. Salizar: Reference: North Village Neighborhood Plan Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington At the request of Smooth Run Developments and Brookfield Homes we have completed a review of the recommendations of the Foster Creek Subwatershed Planning Study (Gartner Lee Limited and Greenlands International Consulting Inc. March 2001) as they apply to the North Village Neighborhood Plan (the Subject Lands). This review was discussed at meetings earlier this year with Town Planning staff and members of the Ganaraska Region Conservation Authority. Located north of the Village of Newcastle, the Subject Lands are bordered by the CPR railroad tracks to the south, Arthur Street to the east, Concession 3 to the north and Regional Road 17 to the west, and are owned by Smooth Run Developments and Brookfield Homes (the proponents). The Foster Creek Subwatershed Planning Study recommends that a substantial portion of the southern Subject Lands be set aside as part of a Greenlands System, to allow for the re- opening or "daylighting" of a buried tributary to Foster Creek, the naturalization of agricultural land and the creation of an ecological corridor between Foster Creek and Graham Creek wastersheds. The recommendation is not detailed but it appears from Figures that that the intent would be to open the tributary through the entire North Village Neighborhood from the CPR tracks to Arthur Street (see pages 99-100 and Figures 11 and 13 in the subwatershed planning study). Stantec October 11, 2006 Page 2 of 7 Reference: North Village Neighborhood As was discussed at the meeting with Town and GRCA staff earlier this year, the proponents had some questions about this recommendation to "reopen" the northern tributary across the Subject Lands to connect the CPR railroad tracks with Site 14 west of Arthur Street. Specifically the questions with regard to this recommendation include: 1. What are the specific ecological watershed functions to be performed by the recommended measures? 2. What are the relative costs and benefits associated with the recommendation? 3. Is there an alternative approach that could provide substantially the same benefits at lower cost? The information below represents our answers to these questions. 1. Ecological watershed functions potentially addressed by re-opening the Northerly Tributary. The subwatershed planning study apparently does not provide substantial ecological data from the eastern tributaries of Foster Creek that cross under the CPR tracks and through the existing village of Newcastle. Figure 10 in the subwatershed planning study indicates that flow and surface water sampling stations were established (SW6, SW9 ands SW10); along with Fisheries Habitat (H9) and Benthic Invertebrate (B6) stations. However, the version of the plan made available to me does not contain data for the water quality (Table 9), benthic stations (Table 10 and Appendix C-3 ), or fish habitat (Table 11). Natural vegetation on the North Village Neighborhood lands is limited. Figure 11 in the subwatershed planning study indicates that Site 15, made up of Polygon 62, is a meadow marsh dominated by reed canary grass. Field work by Stantec Consulting Ltd. conducted in 2006 indicates that this location is a grassed water-way constructed through a farm field, and that is occupied by a range of common grasses. There are wetter areas near the culverts and where grading has created small depressions, but the majority of the site is anthropogenic and does not represent a wetland community. The continuation of the grassed waterway upstream of Arthur Street (polygon 63) is similar to the grassed waterway on the North Village Neighborhood lands, and appears to be more appropriately characterized in the subwatershed planning study as cultural meadow. Site 14, which is east of Arthur Street is listed in the subwatershed planning study as a significant site (page 57) and "a connection between the CPR railroad across to site 14" (page 58) is recognized as a possibility, although it is noted "existing farm buildings that will be affected and therefore will be difficult to achieve." Under the wildlife habitat discussion (pages 63 to 66) core habitats are identified at the mouth and headwaters of Foster Creek and it is concluded that the focus should be on maintenance and enhancement of these features with a second priority being maintaining the corridor of the main branch of Foster's Creek that links these two features. Stantec October 11, 2006 Page 3 of 7 Reference: North Village Neighborhood Site 14 is identified as being linked to the forest areas in Graham Creek and playing an important role in bird habitat functions in that watershed. The stated benefit of linking this area to the railroad corridor is to provide a "circular route" for wildlife movement, although, which wildlife species and how this route would enhance their habitat, are not specified. There is no mention in the subwatershed study of aquatic habitat benefits or stream hydrology benefits that might arise from re-opening or "daylighting" of the stream. This is despite the fact that the vast majority of creek daylighting projects undertaken are founded primiarily on stream hydrology and aquatic habitat benefits. Based on the limited information summarized above the ecological benefits of the recommendation to reopen the northern-most of the two eastern tributaries would appear to be limited to a third level wildlife habitat function vaguely described as a "circular route" or "multiple opportunities for wildlife movement". Given that daylighting streams can be an extremely expensive undertaking this seems like insufficient justification of the recommendation. To further investigate the potential benefits of re-opening the stream, aquatic habitat data was collected by Stantec Consulting Ltd. in July of 2006, for the area downstream of the North Village Neighborhood The following is a summary of those 2006 observations. Eastern Tributary of Foster Creek The area upstream of Arthur Street and the proposed new channel site is currently under agricultural production (Photo A), over moderately hilly topography. The area downstream of Arthur Street proposed for daylighting is currently an agricultural grassed waterway with no defined channel due to the presence of a pipe that directs flow to the main stream channel further down the watershed. Photo A - Agriculture upstream of Arthur Street Examination of the stream channel where it daylights approximately 10 metres northeast of the railway tracks en the southern edge of the property revealed a small defined channel approximately 15 em wide, with a depth of 5 em or less (Photo B). The water temperature was measured at 15 degrees, many degrees below ambient air temperature, reflecting the long residence time in the pipe under grassed waterway as well as possible groundwater contributions. Stantec October 11, 2006 Page 4 of 7 Reference: North Village Neighborhood Photo B - Grassed water way outlet Photo C- Downstream of CPR tracks Note diffuse channel, refuse and potential barriers to fish movement. On the south side of the CPR railroad tracks, the stream is a defined, diffuse channel with a narrow, but dense riparian buffer consisting of grasses, shrubs, large trees and wetland plants (Photo C). Instream vegetation consists of dense patches of watercress, grasses and algae. Substrate consists of approximately equal measures of cobble and gravel with some sand. From this point downstream through the Village of Newcastle towards its it's confluence with the main branch of Foster Creek, the stream has a similar character: a narrow but dense riparian buffer, and evidence of significant human impact, including often abundant in-stream litter and debris, sections where open-top corrugated steel pipes (CSP) function as the channel bottom, and concrete retaining wall structures. (Photos C and D). ~I '. , :;?~1.~t~ .('" 'I-" '" ;-',:;', ,.....,. . .," '\__'. " ~r l'~"'" j -'-" I,' ,- " ",'.~ .i!i. .~ ....' J ... Photo 0 - Downstream of North Street Note Corrugated steel pipe serving as stream bottom (lower left of photo) Stantec October 11, 2006 Page 5 of 7 Reference: North Village Neighborhood Overall, the tributary downstream of the area proposed for daylighting provides low quality fisheries habitat due to the number of alterations, as well as the diffuse, shallow channel features. Creating an open channel upstream of this reach will not add significant value to the existing habitat, as fish passage is limited under regular low flow conditions. To the extent that the re-opening may result in some water quality changes compared to the piped flow, such as temperature increase and sediment load, the quality of habitat downstream could even degrade slightly. In summary, the watershed ecological functions that the proposed re-opening of the tributary and the naturalization of agricultural lands could enhance include: . Wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. . An increase in the amount of marginal fish habitat in the watershed. . An increase in the total amount of natural vegetation cover. 2. The relative costs and benefits associated with the recommendation Published experience in Canada and the United States (see for example Daylighting: New Life for buried streams. Richard Pinkham, Rocky Mountain Institute, 2000) indicates that the cost of daylighting streams can range from less than $100 per foot to upwards of $1000 per foot, not including lands costs. Lower cost efforts tend to be characterized by volunteer labour, in kind contributions and simple stream systems with minimal grading required. From the Functional Servicing Plan for the North Village Neighbourhood plan it appears that approximately 600 m of stream could be subject to daylighting. Assuming that this is a reasonably simple system and applying a cost of $1600 per metre (roughly $500 per foot) the total cost could easily approach $1,000,000, excluding the cost of the land. Based on Figure 13 in the subwatershed planning study more than 10 hectares of otherwise developable land would be lost on the North Village site alone, and a similar amount of land would be lost for future development east of Arthur Street. Reduction in developable area adds to per unit costs for infrastructure and drives up the cost of servicing and maintaining Clarington's urban fabric affecting tax rates, house prices etc. Taking into account these types of indirect costs the total dollar cost of the proposed daylighting will be several millions of dollars spread out across landowners, the residents and the Municipality. Costs of this magnitude can be justified if the resulting environmental benefits are similarly large and significant. The challenge is that often environmental benefits do not have a clear dollar value associated with them, and it can often be difficult to balance the costs and benefits. However a qualitative assessment of the relative value of the environmental benefits is often possible. In the review above the following potential benefits were identified: · Enhanced wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. · An increase in the amount of marginal fish habitat in the watershed. · An increase in the total amount of natural vegetation cover. Stantec October 11, 2006 Page 6 of 7 Reference: North Village Neighborhood These potential benefits, while important at a local scale, will not result in not major impacts on the ecology of the subwatershed. On a relative basis it seems clear that the limited benefits do not justify the high costs. This is particularly true if similar, or even greater, watershed scale benefits could be achieved at lower costs. This is the issue addressed below. 3. Alternative approaches to achieve similar benefits at lower cost. Enhance wifdlife movement between the Foster and Graham Creek corridors As noted on page 61, the majority of birds wildlife listed in the subwatershed study are adapted to "field, forest edge and urban fringe habitats" The same could be said of the mammal species encountered as the full range from short-tailed shrew to deer are known to frequent urban, semi-urban and agricultural landscapes. These species will readily move through semi- naturalized low maintenance vegetation found along linear features such as railroad tracks and through low maintenance areas of stormwater management ponds, parks, and open spaces. The south end of the proposed North Village Neighborhood includes all these uses backing on to the CPR railroad tracks. With some minor modifications a minimum 30 m strip of these low intensity low maintenance uses could be incorporated into the plan. This would provide an adequate mid-watershed movement corridor between Foster and Graham Creeks. Given that the corridor must cross Regional Road 17 and Arthur Street, it is, and will remain, a compromised corridor. To make a portion of the corridor 100 to 400 metres wide would not compensate for the constraints posed by the road crossings, and would not add substantially to the function of the area. Increase the amount of marginal fish habitat in the watershed. Overall, the tributary downstream of the area proposed for daylighting is moderately low quality habitat. Creating an open channel upstream of this reach will not add significant value to fish habitat in Foster Creek, and will only increase the amount of low to moderate quality habitat. A better approach would be to substantially improve the quality of existing habitat in the main branch of Foster Creek. Several examples of projects that would greatly exceed the benefit of the proposed day-lighting at much lower cost can be drawn from the subwatershed study discussion (see page numbers from subwatershed study below for details): · Increase buffering and riparian plantings in agricultural areas (page 46); · Removal of debris and barriers throughout the main branch; · Increased habitat diversity in upper reaches (page 49); · Carp exclusion in the lower reaches of foster Creek (page 49). Additional examples of lower cost higher benefit fish habitat enhancement could be developed in conjuction with the Conservation Authority Staff and other interested parties. One ecological function not addressed by the proposal to daylight the eastern tributary is the fact that the pipe underlying the grassed water way contributes relatively cool baseflow to Foster Creek just upstream of the CPR tracks. This function should be preserved in the servicing of the proposed development. Stantec October 11, 2006 Page 7 of 7 Reference: North Village Neighborhood A bypass pipe should be included in the servicing concept to take the relatively cool and clean external flows from upstream of Arthur Street and bypass the stormwater management facilities associated with the proposed development, discharging downstream of the SWM outlets. This will prevent the external flows from being warmed in proposed Pond E. Increase the total amount of natural vegetation cover. Approximately 10 ha of development land would be set aside for naturalization under the approach recommended in the subwatershed study. This area would be in the middle of the watershed isolated by Regional Roads railroads lines and adjacent urban development. A much greater ecological benefit could be realized if the natural core areas at the confluence with Wilmot Creek and in the headwaters were enhanced. Approximately one hectare of relatively natural habitat, in the form of a 30 metre wide corridor along the CPR tracks would provide the urban corridor required for the species encountered in the area between Foster and Graham Creeks, and the time effort and plant material that would have gone into the other nine hectares of corridor could be better invested in enhancing the core natural areas and improving riparian habitat along the main branch of Foster Creek. In summary, we have concluded that the costs of the proposed daylighting of the eastern tributary far outweigh the ecological benefits of the proposal. Much greater ecological benefits could be realized from enhancement of the core natural areas and fish habitat improvement works on the main branch of Foster Creek. A simple bypass of external water flows around North Village Neighborhood and provision of a 30 metre wide semi-natural corridor along the CPR tracks is the optimum balance point between costs and benefits. Sincerely, ~i;LLTD. David Charlton, M.Sc., P.Ag. Senior Principal, Environmental Management Tel: (519) 836-6050 Fax: (519) 836-2493 dcharlton@stantec.com I.. 'i r;;;...~..~..._.' ...: Attachment 5 To Report PSD-067-09 LlM/TED environmental research associates 22 Fisher Street, PO Box 280 Tel: 905-833-1244 Fax: 905-833-1255 Email: kingcity@lgl.com URL: www.lgl.com February 15, 2008 Carlos Salazar, Planner The Municipality Of Clarington 40 Temperance Street Bowmanville, Ontario Reference: North Village Neighbourhood Plan Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington LGL Limited (LGL) was retained by Smooth Run Developments and Brookfield Homes in July 2007 to provide advice respecting selected recommendations of the Foster Creek Subwatershed Planning Study, as they pertain to the (Newcastle) North Village Neighbourhood Plan area. Specifically, LGL was asked to provide opinion on: 1. the necessity for a wildlife conveyance corridor of 100 metres is width to be developed abutting the CPR R.O.W.; and 2. the advisability of "daylighting" a buried (farm-tiled) tributary. Corollary to the daylighting issue is the matter of the study-recommended step to develop a wildlife conveyance feature centred on the re-developed watercourse, which would connect the previously noted 100 metre wide (enhanced rail R.O.W.) corridor with the watercourse; crossing at Arthur Street. In preparation of this letter, we visited the subject lands and adjacent areas (July- December, 2007) conferred with municipal and Conservation Authority staff (site meeting of December 14, 2007), and reviewed the Subwatershed Study, relevant file correspondence, and planning figures as prepared by MBTW and Sernas Associates. In addition, LGL has reviewed literature sources that address the aforementioned wildlife issues. Of particular relevance are the Foster Creek Subwatershed Planning Study (Planning Study), and a letter dated October 11,2006 from Stantec to the Municipality of Clarington, Attention Carlos Salazar, Planning (attached). The former provides a vision for a greenway framework comprising cultural, naturalizing and remnant natural features, enhancements to such features, and new connecting corridors. This Planning Study also recommends exposing farm-tiled groundwater flows; Municipa/ity of C/arington North Village Neighbourhood Plan Page 1 LGL Limited February 2008 and in the case of the subject lands, creating a vegetated watercourse corridor between the enhanced CPR R.O.W. and Arthur Street. The Stantec letter of October 11, 2006 discusses the Planning Study in the context of landowner concerns, relating to the daylighting issue of the buried tributary (noted above) and the enhancement of the Rail R.O.W. corridor, and discusses the costs and benefits of the planning recommendation and recommends alternative approaches to those offered in the Planning Study. . The two principal issues addressed by LGL are discussed as follows: 1. the necessity for a 100 metre wide naturalization at the intetiace of the CPR R.O.W. and the North Village Neighbourhood Plan Area, principally to enhance the conveyance of animals between the Foster and Graham Creek watersheds,. The Planning Study basis for the development of the greenway framework in general, and the above-noted enhancement in particular, is grounded in the science of landscape ecology and is built upon the premise that enhancing and connecting islands and corridors of green always provides a net benefit to plants and animals. Page 64 of the Planning Study identifies four terms used in the scientific discussion of connectivity and wildlife habitat. The introduction of these terms implies that any size criteria that are at variance with those will not qualify as a productive/sustainable feature. Additionally, it presumes that urban/ex- urban animals cannot and do not successfully enlist the services of anthropogenic features to travel between vegetated units within and/or adjacent to the built environment. Based on our knowledge of the literature and on our professional experience, it is fair to say that neither premise is accurate. Although the Planning Study provides a list of wildlife species encountered within the study area, there is no detailed body of data. This is not unusual for this level of study; however, given the sweeping nature of the greenlands recommendations it would have been helpful. Of particular use would have been data respecting animal numbers in the areas proposed for enhancement. In the absence of this information, LGL undertook such focused studies to confirm the character of wildlife usage 'vvithin and adjacent to the rail R.O.W. and also in the main branch corridors of Graham and Foster Creek watersheds. The results of this work confirmed the presence of a wide variety of species (3 amphibians, 49 birds, 24 mammals, 4 reptiles), albeit in moderate to low numbers, with less diversity and lower numbers within the railway lands (2 amphibians, 31 birds, 15 mammals, 2 reptiles). The above numbers exclude migrant birds. The majority of these species are urban tolerant and would be habituated to human presence. Urban subsidized species (gray squirrel, house mouse, Norway rat, raccoon and striped skunk) were prominent in numbers as were predatorial species such as deer mouse, coyote, red fox, American crow, blue jay, and common grackle (gray squirrel, raccoon and striped skunk also fit the second category). Virtually all of these species may be expected to persist through the development period and remain (or increase) in post development years. All of the above noted animals currently appear to be navigating Municipality of Clarington North Village Neighbourhood Plan Page 2 LGL Limited February 2008 effortlessly within and between the watersheds utilizing cultural pathways, including the rail R.O.W. Although the provision of new green space outside of and paralleling the R.O.W. would benefit this situation, there is no apparent biological requirement for this change to maintain the current condition and there does not appear to be a significant enough local population to warrant the size of a greenspace dedication as proposed in the Planning Study. Additionally, unless any green enhancement of lands abutting the rail R.O.W. is fenced to exclude humans and companion animals, the disturbance factor will result in wildlife selecting the railway lands over the designed greenspace due to the familiarity and isolation of the former. The principal benefit of new greenspace would be to buffer the rail corridor for wildlife and to provide additional conveyance opportunities between watersheds for selected nocturnal moving species. A significant downside to attracting increased numbers of animals to transit between watersheds, regardless of the width of any future greenway, is the crossings they will have to make of Regional Road 17 and Arthur Street, both of which will carry significantly more traffic at build-out. Enticing greater numbers of relatively slow moving ground-based animals into traffic corridors is not sound urban wildlife management and can result in significant road safety issues for drivers. A setback width of 20 - 25 metres for the stormwater management feature (i.e. the "permanent pool") from the CPR property boundary is adequate to facilitate east/west conveyance of wildlife, and will suitably buffer wildlife pathway functions within the railway lands. Wherever possible, the area between the rail lands and the ponds (including the "park block") should be planted in coniferous species (white spruce, red and white cedar and white pine) with occasional tall deciduous tree accents (burr and red oak). The interiace zones of the greenway feature with Regional Road 17 and Arthur Street (15 - 20 metres) should be vegetated only in herbaceous cover; these' areas should be cut at least twice yearly generally to increase visibility of roadside wildlife and to ensure animals crossing these roads do not break from cover in a manner which creates a road safety issue. The areenwav unit should not include trails or other features that encourage residents to consider this area a recreational zone; signage in this regard may be necessary. The greenway corridor should not be separated from the stormwater management area by fencing. 2. The advisability of "daylighting" a buried (farm-tiled) tributary. The Planning Study recommends "daylighting" a buried tributary on principle to recover riparian habitat and in the process provide a new wildlife movement corridor connecting northeast across Arthur Street to lands that currently are farmed or idle (plantation) and are not within the urban boundary. Municipality of Clarington North Village Neighbourhood Plan Page 3 LGL Limited February 2008 The issue of exposing the underground flow or maintaining it in an underground pipe for delivery to the creek channel at the rail R.O.W. is discussed by Stantec, who recommend the later. We agree with Stantec on this matter. Specifically, it is Stantec's opinion that the daylighting of the tributary may result in deleterious impacts on the watercourse, including temperature increase and sediment load. Additionally, Stantec note that the Planning Study does not mention that aquatic habitat benefits or stream hydrology benefits will arise from the daylighting exercise, in spite of the fact that the majority of watercourse daylighting works are grounded principally on precisely these foundations. Notwithstanding these comments, we appreciate that delivery of groundwater in a buried fashion, however cool it may be, will not have a profound impact on the downstream thermal regime of Foster Creek. However, we, too, are of the opinion that taking the course of action proposed in the Planning Study provides no apparent fisheries benefits and could be detrimental in the long run to down-gradient conditions (foreign substances washed into the watercourse and general warming of groundwater). Secondly, and as recommended by Stantec, we agree that the piped groundwater should not be processed through the stormwater management system. In the event a third pipe option is exercised to collect groundwater within the development envelope, it is acceptable to combine the two sources. Lastly, it is our opinion that the Planning Study recommendation to design a tributary-based greenway between the enhanced rail R.O.W. and Arthur Street, across what is now a farm field, is something to be viewed as an example of urban wildlife mismanagement. Implementation of this plan undoubtedly will result in road traffic wildlife fatalities and significant road safety issues as Arthur Street is upgraded with development. Secondly, encouraging wildlife to loop northeast onto third party lands in the hope that they will all turn southeast and return to the connecting rail corridor, in our opinion, is wishful thinking. In addition, it will increase wildlife numbers, including those species which come in conflict with humans, on lands to the east of Arthur Street, where they may not be appreciated by landowners. The above comments comprise the results of LGL's review of background natura! heritage documents, the development proposal, discussions with Town staff, and site- specific investigations. These findings confirm that the Resource Management Objectives of the sub-watershed study generally will be met through development as proposed. Sincerely, 9 ~^-YJ~~ J. Robert Nisbet Senior Biologist Municipality of Clarington North Vii/age Neighbourhood Plan Page 4 LGL Limited February 2008 233 Huycke Street Cobourg, Ontario CANADA K9A 5K8 c: 905-372-3261 ~: 905-372-3281 environmental research associates F.iJ: rnisbet@lgl.com il): www.lgl.com Head Office: 22 Fisher St., P.O. Box 280, King City, Ontario CANADA US 1A6 C: 905-833-1244 ~: 905-833-1255 ra: kingcity@lgl.com i!J: www./gl.com June 13, 2008 Attachment 6 To Report PSD-067-09 Sernas Associates 110 Scotia Court, Unit 41 Whitby, Ontario L 1 N BY7 Attention: Mr. Bryce Jordan Re: North Village Neighbourhood Plan, Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington Policy Implications of the Foster Creek Sub-Watershed Planning Study Ganaraska ConseNation Comment Letter Dated April 1, 2008 Sent from Greg Wells (GRCA) to Lisa Backus (Clarington) Dear Bryce, At your direction, we have reviewed the above noted GRCA letter and herein offer our thoughts respecting the Conservation Authority's recommendations to the Municipality. Our comments are derived through consultation with LGL ecologists and fisheries biologists who have experience in similar land use conversion exercises, and from a review of the research conducted by Stantec (letter of October 11, 2006 to the Municipality). LGL refers to the Stantec letter in our correspondence of February 15, 2008. The following comments are offered in order of page and paragraph position from the GRCA letter. 1. Page one, Paragraph one: the first sentence refers to implementation of the measures and recommendations of the Foster Creek Subwatershed Planning Study (Study) as a pre-requisite for development. Whereas this may be the intent of the Authority and the Municipality, in practice, implementation of all such measures and recommendations appears fragmentary and discretionary if the application in hand is an accurate example. We draw attention to the matter of day-lighting "buried tributaries." The Study notes that "eastern tributaries have been buried north of the CPR tracks" (Section 6.7.1, bullet (a)) and recommends in Section 6.7.2 (bullet (a)) to "bring the buried tributaries above ground" as an impact mitigation measure." Three such "tributaries" are found within the subject lands, yet only a portion of one of the three sub-terranian channels is requested by the Authority to be day-lighted. Using this example alone it is clear that implementation of the Study measures and recommendations in regard for development is approached neither in a compulsory nor a comprehensive fashion by the Authority and/or the Municipality; instead, flexibility apparently is exercised by one or both bodies. It is this flexibility and discretionary decision-making that Stantec and LGL understood was in place when we made our respective recommendations to the landowners. 2. Page one, Paragraph One: the last sentence references restoration of a "buried tributary." The reference might better be worded a buried farm drainage channel for the following reason. We have no historical information regarding the pre-tiling of the surface drainage period respecting the precise location or configuration of any original channel; although we agree, that current Established in 1971 ONTARIO. BRITISH COLUMBIA. NEWFOUNDLAND. ALASKA. TEXAS. WASHINGTON STATE Page 2 topographic conditions suggest it would be in this general area, at least from sometime in the late 19th Century, and probably previous to forest clearing and settlement. It is likely that in the initial years after clearing (with the establishment of the roadway) that run-off flowed south along the east side of the roadway, or overtop of it during flood conditions. In our opinion, the current location almost certainly is an artifact of farming practices, not nature; any day-lighting would comprise restoration of a cultural feature or potentially, the creation of a new surface drainage channel. This opinion is offered, in part, on the basis of our knowledge of 19th Century farming practices as are documented through the social science discipline of historical geography. 3. Page one, Paragraph two: This wording suggests that in the Authority's mind, the piOposed Stormwater Management facility (and park), albeit reduced in width from the Study recommendation, comprise an enhancement of the existing rail R.O.W. corridor; and that they concede the Study recommendations (including the 100 metre width) need not be implemented, further reinforcing the point made above. Additionally, they agree that development of a wildlife corridor, as recommended through the Study, will result in an increased occurrence of wildlife fatality. 4. Page one, Paragraph three, sentence one: Mr. Well's notes no GRCA intent to link wildlife movement off-site by day-lighting the farm drainage channel; their purpose being to restore riparian habitat. LGL does not attach any such intent, but rather provides opinion of what will happen by default if the corridor is created. Secondly, whereas it may not be the intent of the GRCA, it was clearly the intent of the Sub-watershed Study authors. Notwithstanding Mr. Well's comments, it is relevant to note that the day-lighting exercise proposed in the Study extends north only to the point where it can conveniently turn due east to link with an off-site woodland. If wildlife connectivity wasn't the intent of the Study, and riparian habitat was, then why didn't the Study suggest continuing the day-lighting through the entire length of the drainage channel, to the point of the culvert crossing at Arthur Street, where the corridor walkway also could link with the sidewalk? 5. Page one, Paragraph three: The third sentence of this paragraph acknowledges that a buried water source will provide better "temperature regimes" than day-lighted conditions, although the latter situation would be "acceptable" due to the cooling effects of riparian plantings. This issue was discussed at the site meeting in December when LGL noted that even with extensive plantings it would take decades before surface water conditions receive significant relief from solar impacts. Mr. Wells and a former GRCA fisheries biologist were present at this meeting and neither of these individuals (nor municipal staff) disagreed with LGL's observation. 6. Page one, Paragraph three, Sentence four: LGL's opinion remains at variance with that of the Authority on this issue. On the basis of fisheries benefits alone, we do not believe the matter can be quantified to the extent that a winning opinion is identified. Both approaches have their benefits and these benefits will be somewhat neutralized as up-gradient flows join the creek course south of the CPR corridor. However, it is clear to LGL that sedimentation is an issue for the construction period and the immediate post build-out years if the channel is day-lighted; the same is not the case if flows are conveyed underground. Secondly, we agree that, over time, a naturalized channel design can create benthic invertebrate production and provision of allochthonous material; however, the quality and quantity of such production is dependent upon anthropogenic area use variables, which largely are uncontrollable. These include higher water temperature regimes in the early years, and on-going impacts from adolescents and companion animals, which may be expected to frequent the watercourse banks and channel resulting in contaminant loading of the watercourse. On balance, we believe that in this case, there is no clear fisheries benefit to day- North ViI/age Neighbourhood Plan, Part of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington Policy Implications of the Foster Creek Sub-Watershed Planning Study LGL Limited June 13, 2008 TA4573 Page 3 lighting versus maintenance of the status quo, albeit in a different channel location. Conversely, on the issue of the proposed greenway connection between the daylighted tributary corridor and Arthur Street, LGL sees no such fisheries, aquatic habitat improvement or terrestiial wildlife benefits. 7. Same paragraph, Pages one and two, Sentence five: This issue has been commented on above, and we agree that cooling advantages of an undergiOund delivery would be somewhat compromised when blended with the flows emanating from stormwater management features. However, such adverse affects can and should be minimized through pond design, which ensures an appropriate stratification of the water column, and releases flows which are as cool as possible, therein, this measure is encouraged through the Sub-watershed Study (Page 89, Section 6.6.3(9), reducing the thermal impacts of pond waters on buried flows when they are blended south of the rail corridor. 8. Same paragraph (three), Page two, Sentences six and seven: The issue of "sediment loading" and "foreign substance" introduction is noted above. In addition, we recognize that (non-riparian) "surface flows will be captured and treated by stormwater management facilities prior to re- introduction to the (Foster Creek) system;" however, in open creek blocks through the construction period and beyond, the day-lighted reach will experience higher than average sediment loading than in a piped state, and will receive foreign substances (from above noted and other anthropogenic sources) irrespective of the "filtration capability of a naturalized vegetative buffer." It is LGL's experience that even with the best of mitigative measures, these issues will prevail with the creation of a surface channel, but to a much lesser extent with a piped conveyance feature. 9. Page two, First full paragraph: Notwithstanding the above comments, and consistent with a focus on "aquatic habitat improvements" as noted in the GRCA letter, consideration should be given to any practical development of a day-lighted portion of this "tributary" where it transits public lands and/or the stormwater management block. We trust these comments are of use to you in your on-going discussions with the Authority and the Town. Please do not hesitate to contact the undersigned for clarification of points addressed in this correspondence. Sincerely, Robert Nisbet Senior Wildlife Biologist LGL Limited C. Carlos Salazar, Municipality of Clarington Cynthia Strike, Municipality of Clarington Lisa Backus, Municipality of Clarington Greg Wells, GRCA Mark Peacock, GRCA Bruce Fischer, Metrus Tom Albani, Metrus Peter Schut, Brookfield Roslyn Houser, Goodmans North Village NeighbourtJood Plan, Pari of Lot 27 and 28, Concession 2 Village of Newcastle, Municipality of Clarington Policy Implications of the Foster Creek Sub-Watershed Planning Study LGL Limited June 13, 2008 TA4573 Attachment 7 To Report PSD-067-09 \1 ( () AECOM 300 - 300 Town Centre Boulevard Marktlam. ON. Canatla L3R 5Z6 T 905.477 8400 F 905.4771456 IVwl'laccorn corn June 19, 2009 Project Number: 111885 Mr. Dennis Hefferon South Tower, Royal Bank Plaza 200 Bay Street Suite 2600, P.O. Box 185 Toronto, ON M5J 2J4 prepared at the request of counsel Dear Mr. Hefferon: Re: North Newcastle Neighbourhood - Response to Peer Review of Foster Creek Subwatershed Study Recommendations AECOM has been requested by the Municipality of Clarington to assist with development issues within the Foster Creek Subwatershed. Specifically, we were asked to review comments provided by Stantec Consulting Ltd. and LGL Limited directed at two recommendations of the Foster Creek Subwatershed Planning Study (2001) as follows,: a) Bring the buried tributaries above ground (page 92); b) Corridors at least 100 m in width (total) approximately centred on the main creek valley, plus one of the buried tributaries; and, c) Corridors of at least 100 m in width adjacent to the CPR and CNR rai/lines, east of Foster Creek, to provide landscape connectivity among the natural areas associated with the Graham Creek Sub watershed (page 97). AECOM was to provide our opinion with respect to the Stantec and LGL comments. In addition, AECOM was asked to comment on the estimated cost involved in daylighting the tributary, and whether downstream enhancements are reasonable compensation for not undertaking the daylighting. In order to prepare this opinion, the following documents were reviewed: Gartner Lee Limited and Greenlands International Consulting Inc., 2001. Foster Creek Subwatershed Planing Study. Prepared for the Municipality of Clarington. Stantec Consulting Ltd., October 11, 2006. Letter addressed to Carlos Salizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. ! 111885,.Uune 1 g..09~_losler, cff'p.k_ peer __revlew.doc) Page 2 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel LGL Limited, February 15, 2008. Letter addressed to Carlos Salizar, Planner, Municipality of Clarington at the request of Smooth Run Developments and Brookfield Homes. Peacock, Mark, 2008. Email addressedtoCouncillorC.Trim regarding North Village Neighbourhood Telephone conversation. MBTW - Watchorn Group and Sernas, 2008. Neighbourhood Plan, North Village Neighbourhood. A site visit was undertaken on June 15, 2009. Note that no rationale for servicing, stormwater management or other documents that indicate how the Plan intends to manage the unique groundwater conditions on this site, nor maintain flow to the two un-named tributaries was provided as part of the scope of this review. Comments are therefore confined to the content of the two letters and the maintenance of the natural heritage functions on the site without specific reference to the servicing of the Neighbourhood Plan. 'I ., (~ rVi f.l\b 1 t, I () 1'1 ndat:ions (2001) The Foster Creek Subwatershed Planning Study (FCSPS), completed in 2001, benefited from advice from the Steering Committee and Public Information Centres and includes final editing from the Municipality of Clarington and Ganaraska and Region Conservation Authority. The Vision agreed upon was: "to maintain and enhance the health and quality of the Foster Creek Sub watershed and its ecosystem. " These recommendations for the Greenlands System were confirmed as reflecting the achievement of that vision. When the FCSPS is read in its entirety, the point is made that natural heritage is in very short supply in this subwatershed. The valleys of the Wilmot and Graham Creeks are more robust and offer higher potential for natural heritage functions (also known as ecosystem services) than the Foster Creek valley which has been subjected to intense agricultural activities. The comments in this letter are focused on two tributaries to the Foster Creek that arise in the north- eastern corner of the watershed, pass through the Town of Newcastle and merge with the main channel just north of Durham Road 2 (formerly Highway 2). These headwater streams collect groundwater that has infiltrated into the sand veneer in this portion of the watershed. The northern tributary has been modified through agricultural practices but passes into a restored wetland and plantation east of Arthur Street, providing connectivity via hedgerows to Nine-mile swamp, and to Site 14 (discussed below), and to the Graham Creek via weak linkages along hedgerows and the CPR. From Arthur Street to just north of the CPRail, a tile drain conveys most of the flow. There is clear \,! ( ;) I 11 t 1885JJune19-09_ foster. creek_ peer._revlew doc) Page 3 Mr. Dennis Hefferen June 19. 2009 prepared at the request of counsel evidence of surface water flow early in the season, and the invert was mapped as a wetland in the FCSPS. In early June 2009, much of the invert was ploughed and planted with wheat (in contrast to the corn in the upland area planted earlier in the season). A vertical drain is clearly evident in the invert part way down the swale. The overland flows merge with the tiled flow within a small wooded ravine just north of the railroad. The tributary then passes into the Town of Newcastle where the ravine has been incorporated into the residential fabric as a complement to the landscaping and a wildlife refuge. The southern tributary arises in Site 14, is tiled to a wetland (a swamp thicket) adjacent to Arthur Street, then similarly, disappears into tile drainage, to emerge south of the CPR. The presence of watercress (Nasturtium officinale) in both of the tributaries provides evidence of groundwater baseflows. The tributary was flowing at a rate of 1 LIsee on June 15, at Arthur Street. The central issue surrounding these tributaries concerns how best to manage these features within the context of the development proposal in a manner that reflects the Vision of the FCSPS. Based on the natural heritage inventory undertaken in 1999, Site 14, the forest and wetland complex located just east of Arthur Street was notable as it provided habitat for Sharp-shinned Hawk and Black-and-White Warbler. These species are somewhat area sensitive, meaning that their success in breeding and rearing young is proportional to the size of the area in which they breed. Their occurrence was interpreted to be an indication that the proximity of Graham Creek to the east and the remnants of Nine-mile Swamp to the north were sufficient influence to attract these species. These species were not recorded elsewhere in the Subwatershed. Site 14 on its own, without the influence of these larger native forests, would be unlikely to attract area sensitive species. In addition, Site 14 supports a colony of Early Coralroot (Corallorhiza trifida), a small, native orchid rarely recorded from Durham Region. The marsh dominated by Variegated Horsetail (Equisetum variegatum) is also an unusual feature restricted to sandy sites with high water tables. Other rare species are often associated with this type of marsh. It is an important recharge/discharge feature that contributes flow to the southern tributary that flows through the Town of Newcastle. On this basis, Site 14 was considered to be a significant feature that should be built into a connected Greenlands System, consistent with the Vision above, in order to maintain and enhance its unique contribution to the subwatershed. .~ j Principles of Landscape Ecology maintain that connectivity among patches of habitat greatly enhance natural heritage function. It is a case of a connected whole being more than a sum of its parts. The literature suggests that wider corridors provide a greater diversity of functions, and that when \i CU.\i (1111:l85..Uune 19.09~foster_creek__ peer__ review doc) Page 4 Mr. Dennis Hefferen June 19. 2009 prepared at the request of counsel corridors achieve a minimum width of 100 metres, that these functions include the provision of breeding habitat for a wider array of wildlife, and greater potential for plant diversity. There is no precise threshold that defines exactly where this enhancement of function occurs, and it is related to the amount of natural area, proximity of natural areas to one another, and landforms. On this landscape that is lacking tableland forest outside of the valleylands, it is necessary to restore wide corridors in order to achieve the enhancement reflected in the Vision. Environment Canada (2004) speculates that "in urban environments it might be supposed tflat wider corridors would be required to provide the same level of function in the face of urban effects, assuming that target attributes might persist at all in an urban matrix". In this case, the agricultural landscape that presents a low barrier to wildlife movement is being replaced by a residential matrix on a landscape framed by higher quality natural features in the Wilmot, Foster and Graham Creek valleys. This is a good example of a location in which wider corridors are justified. In order to provide sufficient resources for plants and animals making use of the corridor, additional width will reduce edge effects and contribute to breeding and productive potential. Hence the recommendation for 100 metres for all corridors, with emphasis on the creation of an east-west connection between watersheds. In principle, overland connections between watersheds enhance natural heritage function in the same way that trail systems and good road patterns enhance human settlements. It is recognized that the land is a finite resource and therefore natural heritage function is coupled with other suitable infrastructure where possible to achieve multiple objectives. The east-west railroads within the Foster Creek Subwatershed are obvious anchors for east-west wildlife corridors, however they fail to connect to Site 14. As described above, the two un-named tributaries arise on the till plain as the sand cap thins to the south. 80th of them have been tiled between Arthur Street and the CPR (i.e., excavated followed by installation of a perforated pipe and backfilling) in order to allow farmers to cross from one part of the field to the other unimpeded. However, the tiling of the more northerly tributary has been less ineffective and a meadow marsh community has developed in the depression left over the buried watercourse. This ephemeral watercourse conveys water overland as well as through the tiles in the spring, but dries out in late spring or early summer when it conveys surface water flow alone. 80th tributaries connect across the railroad to downstream valley systems that have been incorporated into the Newcastle Village fabric. The contribution to the downstream watercourses must be maintained, therefore a discussion in the subwatershed study considered opening both watercourses within the development block and create a pathway of connectivity to the agricultural lands east of Arthur, and ultimately toward Site 14 and Graham Creek valley. In addition to a functional wildlife corridor, habitat that contributes to downstream Canadian fisheries waters would be enhanced in that it would contribute flow as well as conveyance of nutrients and provide habitat for benthic invertebrates. A desktop calculation of potential baseflow from the catchment west of Arthur Street based on broad assumptions, estimates an average annual '\F! (111885 JJlme1g.09.)ostef._CreeK. p..erJevlew doc) Page 5 Mr. Dennis Hefferen June 19.2009 prepared at the request of counsel baseflow 1 of about 0.5 Llsec (pluslminus 0.2 Llsec) that is likely to range from 2 Llsec in the spring to zero in summer. These flows would be somewhat enhanced by storm runoff and accumulated flows from east of Arthur Street. There are many benefits of the open watercourse over the piped condition including attenuation of water quantity in storm events and reduction in flashy flows, removal of water- borne pollutants, creation of wildlife habitat, habitat for benthic invertebrates and contribution of nutrients to downstream fish habitat, aesthetics, and an array of ecosystem services associated with the riparian plantings designed to maintain cool water temperatures (i.e., reduction of heat sink effect, carbon storage and carbon sequestration.) In order to minimize the loss of development potential while realizing the benefits to natural heritage, only one tributary was recommended for daylighting in association with creating a pathway of connectivity toward Site 14 in spite of the potential to make a case for opening both of the watercourses. Daylighting the watercourse was expected to be no less expensive than the engineering required to collect the water and deliver it to the two watercourses, with the enhanced benefit of creating the wildlife connection, attenuating storm flows and enhancing downstream aquatic habitat. The Greenlands System needs to be anchored to the valleylands of the Foster Creek, but in order to respond to the Vision, opportunities to enhance the natural heritage system must be identified. Given the: . Significance of Site 14 and need to connect this feature to the Greenlands System; .. Opportunity to create an inter-watershed connector parallel to the railroad; .. Need to maintain water supply to the downstream tributaries; and, . Direction to enhance the natural heritage function; the opportunity to connect these features was identified, described in Section 7.1 and illustrated on Figure 13 of the FCSPS (Attachment 1). In order to achieve these objectives, it is anticipated that the corridor be forested in order to provide the ecosystem services in terms of air quality, water quantity control and psychological benefits for the residents. This approach supports the goal of the Official plan "to create an integrated and continuous system of natural areas" (Section 14.1) and supports the principle of Ecosystem Integrity (Section 3.2). i ~ These recommendations were made eight years ago. In the interval many municipalities have undertaken Integrated Community Sustainability Plans or Environmental Management Plans that establish goals for Environmental, SociallCultural and Economic Sustainability. The ecosystem services 1. Based on a contributing area of about 22 ha and a post development infiltration of 110 mm/annum, and allowing for 25% leakage to depth /\ L ( . (; (111885_Uune19--09. fosler.~ creek_ peer _review doc) Page 6 Mr. Dennis Hefferen June 19.2009 prepared at the request of counsel that contribute to social and economic sustainability are important and quantifiable. A study undertaken by the Town of Oakville identified an annual environmental benefit of the urban forest to be $2.1 million with a canopy cover of 29%. Various municipalities are seeking to substantially increase canopy cover to benefit from air quality improvements, carbon sequestration, carbon storage, heat island effect mitigation, psychological improvement for residents among many other positive effects for residents. Brantford is undertaking an increase in canopy cover to 40%. The City of Vaughan is targeting 40% justified by the threshold for air quality improvement, water quality improvement and benefits to wildlife habitat. The FCSPS reported that natural cover, including old fields and wetlands, is close to 20% within Foster Creek. Of that, 9% is forest cover. Brantford estimates the contribution of its street trees to be around 5% therefore if the urban forest both existing and projected is included, 14% forest cover may be obtainable within the Foster Creek Subwatershed post development. Forest cover in York Region and Durham Region (excluding the urban forest) hovers around the 20% mark, more than twice that in the Foster Creek Subwatershed. Even if all of the restoration opportunities identified in the FCSPS on Figure 13 were implemented, the total would still fall below 20%. As a result the community will fail to benefit from the many valuable ecosystem services provided by the forest alone. The recommendation to daylight the tributary north of the railroad and restore the watercourse and a wildlife corridor will help to remedy the shortage in ecosystem services needed by the residents to maintain a healthy community. The recommendation of a wildlife corridor that links the three watersheds (Wilmot, Foster, and Graham), enhances connectivity to Site 14 and maintains and enhances the ecosystem function of the northern un-named tributary is justified in the context of the Vision for the FCSPS and the goals and principles of the Municipality of Clarington Official Plan. This review confirms that there is sufficient merit in terms of enhanced ecosystem function to justify the consequences to the developable envelope in the North Newcastle Neighbourhood. Further, in the context of designing sustainable communities, the existing forest canopy is less than half of that in York and Durham, and as a consequence, Clarington is not benefiting from the substantial economic and social, as well as environmental outcomes of a more robust natural heritage network, including the urban forest. Restoration efforts should in fact exceed those recommended in the FCSPS in order to achieve thresholds for effective performance of ecosystem services. ? .~^'.... ( \ i' '''{ ~ '::': ~~..~ ~"" r;.:,:~ ~f' l ,1. t'" "~ . ..' ~ ". I l \ , I 1 ~ '_' ,.J I l I I:)(;(~r Heviewers Smooth Run Developments and Brookfield Homes retained two consultants to provide opinions with respect to the recommendations provided above. I, ( '\\ (111885 --'-June 19.09_Jo!>ter _ cret'k __ pf'er__ review doc) Page 7 Mr Dennis Hefferen June 19. 2009 prepared at the request of counsel The comments provided by Stantec are discussed in the sections identified by the authors as follows. In general the Stantec description of Subwatershed is study generally accurate although it exaggerates the extent of the daylighting specifically recommended in the FCSPS. We disagree that the vegetation in Polygon 62 is not a wetland. At the time that it was assessed for the FCSPS, there were hydric soils present and the vegetation consisted of more than 50% wetland species and by definition that means it is a wetland and whether it is anthropogenic is not relevant. The Stantec observations of creeks is likely accurate and technically sound and seems to support the importance of this feature in contributing to downstream fish habitat. The buried tributary is currently providing this function not identified in the 2001 report. Stantec further comments that daylighting the tributary north of the CPR railroad "will not add significant value to the existing habitat" based solely on fish passage and further suggests that the quality of downstream habitat could degrade due to an increase in water temperature and sediment load. However, a properly designed natural channel in a post-development scenario should not suffer from an unusual sediment load, and creeks require a certain bedload to remain healthy and viable. The temperature issue can be easily rectified through dense riparian plantings. On June 15, 2009, watercress, an indicator of cold groundwater discharge, was abundant in full sun at the exposed tile drains at Arthur Street and also occurred throughout the Village. In addition, the benefits of daylighting and restoring a natural channel connected to a floodplain include reduced potential for flash flows and runoff velocities that contribute to erosion along the tributary (Brooke 2007). Further, air, vegetation, and soil more likely to absorb water-borne pollutants in an open channel as opposed to conveyance in a sewer pipe (City of Redwood 2006). Stantec correctly identifies the ecological benefits of daylighting and associated naturalization of creek side as: .. Wildlife movement between the Foster and Graham Creek corridors for unspecified wildlife species. u An increase in the amount of marginal fish habitat in the watershed. .. An increase in the total amount of natural vegetation cover. We note that the connectivity to Wilmot Creek and to Site 14 should be included in this list. Further, the exponential response of wildlife in terms of potential breeding habitat to the increase in natural cover at this scale has not been identified. No conclusion is provided on the intrinsic importance of these functions nor their value in an ecosystem services context. (111885_I.Jlme 19-09)oster_creek__ peel __review doc) \1 ('()\1 Page 8 Mr. Dennis Hefferen June 19. 2009 prepared at the request of counsel The Stantec discussion proceeds to make the case that daylighting the tributary is ex'pensive while failing to place this conclusion into context. We agree with this assessment in that restoration of ecosystem function is often expensive, but needs to be evaluated in terms of the net gain to environmental, social and economic parameters of community planning. Evidence is provided by Stantec from one American source that seems to suggest that the total cost of restoring the natural watercourse "could easily approach $1,000,000." However, no estimate of the cost of the engineering required to excavate the existing tile drains (it cannot remain in situ), and replace the watercourse with some type of groundwater collection system (foundation drain collector or "third pipe" system) that will maintain flow to the two tributaries south of the railroad. A proposal for an additional by-pass pipe to take water from upstream of Arthur Street around the stormwater management facilities, discharging downstream is mentioned which mayor may not be a separate system with additional costs. We are unaware if there is a report available that details how the development will achieve these engineering requirements, but this will be an expensive undertaking with many costs that overlap with, and may exceed, that of daylighting. It is our experience that when faced with an option to bio-engineer a solution (e.g., natural channel design), as opposed to hard engineering (pipes that will require future maintenance), the costs of bioengineering are comparatively low. In addition, the proposed piping project (including routing water from Arthur Street around the SWMP) will have a greater length (following roadways and not topography) and both projects will be undertaken in sloppy soils with a high water table. There will be a greater cost to construct in these saturated soils with corresponding dewatering issues. A solution that requires less excavation with less interference with groundwater conditions reduces costs. Based on advice from clients who have undertaken natural channel design, estimates for restoration of the northern connector to Arthur Street (Figure 13) range between $1,400 to $2,000 a metre which compares well with Stantec's estimate of $1,600. By our calculation, the total costs translate approximately to $700k to $1,000k based on our experience, or $800k according to Stantec. These estimates are for sophisticated natural channel designs that handle considerable flow. In the case of this project, the flows are low, therefore intensive design and engineering will not be required. This is more of a grading and planting project and therefore the costs are highly unlikely to escalate to seven figures. With respect to the costs associated with the design and construction of a piped alterative, we are unable to develop an accurate estimate without first obtaining additional information regarding the proposed minor and major drainage systems that would convey the external flows to the downstream reaches of the Foster Creek tributary (i.e., south of the CPR tracks). We believe that a detailed estimate that reflects these costs of a piped alterative should be provided by the developer prior to rejecting the recommendation to daylight the tributary based simply on the notion that it would be prohibitively costly. Stantec also estimates that 10 ha within the North Village site would be lost which appears to be the total of all of the corridor, daylighting and the interior restoration potential shown in green. This figure '. i .' I (111885J.June 1Y 09., foster, creek.. peer _fel/1ew doc I Page 9 Mr. Dennis Hefferen June 19. 2009 prepared at the request of counsel is high as the interior polygon is not part of the recommended Greenlands System, but rather constitutes a restoration opportunity. In extrapolating the costs of the restoration, no mention is made of the potential to charge more for houses that back on to greenspace, or for houses in neighbourhoods well serviced by natural areas. Natural England's Accessible Natural Greenspace Standard (2008) recommends that each home, at a minimum, should be within 300 m of an accessible natural green space of at least two hectares (ha). In addition, each home should also have access to: At least one accessible 20 ha site within two km; At least one accessible 100 ha site within five km; At least one accessible 500 ha site within 10 km; Natural England also recommends that at least two ha of accessible natural green space be provided for every 1000 population.; and in doing so the value of the properties are enhanced and the communities benefit from the ecosystem services provided by the natural areas. Stantec acknowledges that these services are difficult to calculate; nevertheless they are real and should not be dismissed. Stantec goes on to conclude that the "potential benefits... will not result in not [sic] major impacts on the ecology of the subwatershed" without evaluating what those impacts might be. We do not fully agree that the costs are as high as suggested and that the benefits are as low as stated by Stantec. However, there are many options in ecosystem design to achieve the desired outcome. In this case, the desired outcomes include: The east-west wildlife corridor from Wilmot Creek to Graham Creek, Connectivity with Site 14, Maintenance of ecosystem function for the buried tributaries and A contribution to the increase in forest cover within the Foster Creek Subwatershed to recover lost ecosystem services. Stantec proposes other alternative approaches to ecological enhancements: 1. Alternate proposal to wildlife corridor between Foster and Graham Creek corridors. 2. Increase amount of marginal fish habitat in the watershed. 3. Increase the total amount of natural vegetation cover (by replacing most of 10 ha naturalized areas that would be in North Village Neighbourhood Plan (under FCSPS) with 10 ha elsewhere). It is not clear whether these are proposed to be undertaken in concert, or whether they are mutually exclusive. (111885JJune19.Q9 Joster. creeK" peer_review doC) /\1 (()\1 Page 10 Mr. Dennis Hefferen June 19. 2009 prepared at the request of counsel In an effort to evaluate these proposals we have prepared a matrix that provides comment on their ability to satisfy the desired outcomes (Table 1): Table 1 Analysis of Alternative Proposals (Stantec) The east-west wildlife corridor from Wilmot Creek to Graham Creek Reduce to 30 m; barriers to movement remain. Needs to be extended to Wilmot Creek however this is outside of the Village Neighbourhood. No connectivity No Connectivity with Site 14 Maintenance of ecosystem function for the buried tributaries Increase in forest cover Not applicable No Water contribution expected to Not applicable be maintained; thermal regime cool Marginal Marginal? Enhance core natural areas and riparian habitat along main branch by 9 ha but trees are not sti ulated. Suggested isolation is exaggerated as wildlife underpasses and fencing can improve permeability. Riparian habitat along the main branch may be achieved through other planning initiatives. Strategic addition of 9 ha to core areas will contribute important benefits but ownership is an issue. Additional Comment The resulting narrow corridor will concentrate wildlife closer to the rail corridor with expected wildlife fatalities and rail noise interference however no documentation of the significance of this effect is available. Need to confirm that railroad does not require a larger berm. All of these actions appear to be stewardship initiatives and occur on other owners properties. Carp exclusion is very expensive and not recommended. A review of the table suggests that if all of these initiatives were undertaken, that a minimum of wildlife movement would be preserved across the watersheds, water would continue to flow in the tributaries, and natural cover might be increased with the cooperation of non-participating landowners. The disadvantage is that connectivity would not be enhanced for Site 14, the potential to increase breeding habitat for area sensitive forest birds will be lost, the benefits of the rehabilitation of a natural watercourse will not be realized and recovery of threshold ecosystem services for the residents will not be addressed. Most of the stewardship actions suggested occur outside of the North Village Neighbourhood which will require creative implementation plans to ensure that they occur and the timing of the projects relative to the schedule for development could be an issue. A recurring theme that implies that the wildlife community is urban tolerant and therefore does not require management is erroneous. The wildlife community is not all urban tolerant (e.g., Black-and- white Warbler) and it is for these more sensitive species that ecosystem design has more to offer. Typical planning for natural heritage systems has done little to take into account the management of urban tolerant wildlife communities. To say that they are urban tolerant is to say that they forage in the garbage cans and feast at feeders. More thought needs to go in to what constitutes sufficient natural area for healthy wildlife populations that are self limiting, and that can support the predators required to create sustainable natural communities. (111885JJune19-09_fostp.f_creek_ peer Jevlf'w doc) \[ ( ) ", .-i \/ I \' I Page 11 Mr. Dennis Hefferen June 19. 2009 prepared at the request of counsel r; f The LGL letter references the Stantec letter then proceeds to provide additional discussion on the same themes. LGL is incorrect in stating that defining concepts of landscape ecology that include corridors, core habitat, connectors and linkages 'implies that any size criteria that are at variance with those will not qualify as a productive/sustainable feature" and that "urban/exurban animals cannot and do not successfully enlist the services of anthropogenic features" . The reason for defining these terms is to enlighten the reader with respect to how they are used in this report. The science of landscape ecology is relatively young, and terms are defined differently by different authors. We totally agree that neither of these premises are accurate, and they are not at all intended by this report. It is ironic that LGL goes on to criticize the FCSPS for lack of detailed data, then goes on to provide ambiguous data with no species, no dates (although it appears that data were all collected outside of breeding dates according to the statement that the area was visited July to December 2007 and without acceptable protocols). The fact that a wide variety of species were recorded is not at variance with the FCSPS. The author again evaluates these species in the context of what they are able to tolerate, rather than what constitutes appropriate habitat, and how these animals can be expected to be managed into the future on a landscape with so little cover, where even with the urban forest, the cover is less than a third of recommended thresholds. It is not clear how the numbers of species recorded from portions of the watershed that are not specified, assists in the recommendation for the need for a corridor. The Subwatershed study had sufficient information for this and included ecosystem function well beyond simple lists of species. The suggestion that the wildlife corridor area should be separate from humanlpet used areas is appropriate, but that both could be present (wildlife south, people north) in overall 60 to 100 m wide area. We also agree that road crossings are an issue however underpasses and wildlife funnel fencing as mentioned earlier would in large part address this issue. Although LGL recommends meadows adjacent to roads they are not needed if underpasses and wildlife fencing are implemented. We disagree with LGL in recommending the planting of mainly conifers, especially as White Spruce and Red Cedar are not often found naturally in the region. The rationale is not provided. A mix of native species, shrubs and trees native to area is preferred. LGL incorrectly suggests that Stantec implies there might only be negative impacts to watercourse (temperature increase and sediment load), but neglects to mention that Stantec more strongly mentions the potential benefits. It is true that the subwatershed study does not clearly mention ,\1 C.l) (111885._Uune 19-09_,lostef.Cfeek__ peer__revlewdoc) Page 12 Mr. Dennis Hefferen June 19, 2009 prepared at the request of counsel aquatic benefits of daylighting. It may well be that most daylighting projects are founded on improvements to aquatic habitat, but this one is focused on many other ecosystem functions, of which aquatic habitat is only one. AECOM does not understand why LGL considers that increasing the contribution of nutrients to downstream fish habitat, improving water chemistry, maintaining the thermal regime through maintenance of groundwater infiltration, riparian plantings and attenuation of storm flows "provides no apparent fisheries benefits and could be detrimental in the long run to down-gradient conditions". LGL notes that there is potential for "foreign substances [to be] washed into the watercourse and general warming of groundwater" both of which can be mitigated. AECOM does not agree that benefits are limited to fish habitat, nor that daylighting the tributary will have a deleterious effect on downstream conditions. The issue of piped groundwater is dealt with in Section 2.1.2 above. The plan to create corridors and wildlife linkages is not based on anyone attribute. Providing a relatively wide corridor that can be shared with residents is a good way to keep the wildlife off of the streets, although we recognize that crossings are inevitable. For that reason, during the development process consultants for the development industry can be expected to make reasonable recommendations to mitigate for road kill and road safety issues in the form of state-of-the-art wildlife underpasses and fencing. A considerable body of science is devoted to increasing the permeability of the landscape for wildlife of all descriptions. The Greenlands System was recommended based on an ecosystem approach that considered the need for many species of wildlife, as well as the maintenance of other ecosystem services. It is not wildlife mismanagement. The development plan proposes to locate two stormwater management blocks north of the railroad alignment. LGL suggests that there will be a setback from the CPR lands of 20 to 25 m but does not provide a rationale for the functionality of this minimal setback. This suggestion is not reflected in the May 2009 drawing, which shows the constructed ponds immediately adjacent to the property line with no provision for a terrestrial wildlife corridor. In this configuration, the ponds will provide little to no cover for wildlife passage, fails to increase natural cover the subwatershed through the creation of a wide wildlife corridor and there is no indication of how water will be delivered to the two downstream catchments. The current plan does not satisfy the objectives or recommendations of the FCSPS. It appears that LGL did not have the current storm water plan on which to base comments and therefore they are not relevant. .\1 (\.1 1111f:l85_Uune1 9-09__ foster (:ree~. _ peer feVlew doc) Page 13 Mr. Dennis Hefferen June 19. 2009 prepared at the request of counsel <'.~ "-"I ~ After a careful review by a team of senior and intermediate biologists, engineers and senior hydrogeologist, AECOM confirms that the recommendations contained within the FCSPS with respect to landscape connectivity and a preferred treatment of daylighting the buried tributary are justified in the context of the Vision for the Foster Creek Subwatershed. However, there is always more than one solution to improve ecosystem function and Stantec offered some suggestions that are worth considering. At issue is the fact that the key outcomes have not been achieved by their recommended alternative enhancements. The Consultant for the development community should reconsider appropriate methods to achieve the following outcomes: ~ Create an enhanced east-west wildlife corridor from Wilmot Creek to Graham Creek to facilitate wildlife and human movement, .. Enhance connectivity with Site 14, ,. Enhance ecosystem function for both buried tributaries and the downstream corridors; and, Increase forest cover within the Foster Creek Subwatershed to recover lost ecosystem services based on a defensible rationale. Note that the reforestation of all of the restoration opportunities identified in Figure 13 constitutes only 4% of the watershed. The restoration and maintenance of wide corridors will not only contribute to the forest cover, they will enhance habitat for area sensitive species, increase connectivity with Site 14, and increase the thermal regulation for the buried tributaries. If these outcomes can be achieved in another way the consultants should be encouraged to submit an alternative design for consideration of the Conservation Authority and the Municipality. Most of the alternatives offered occur outside of the North Village Neighbourhood lands and will require commitments from the Municipality, non-participating landowners and the developer of the North Village Neighbourhood who would contribute funds to buying lands near the core natural areas as compensation for not following Greenlands System. These are significant commitments when compared to finding a solution within the North Village Neighbourhood lands, where the restoration of ecosystem services would benefit that emerging community and complement the existing Town of Newcastle. Regarding the costs for daylighting the tributary, AECOM and Stantec are more or less in agreement that $1600 a metre is reasonable. This significance of this cost cannot be evaluated out of the context of servicing and maintaining ecosystem function across the block. There is no comparison of the cost to engineer the solution, which is expected to exceed that of the naturalization. I 111885_uune19-09_fosler_ creek_ peer_review dOC) i\L(.C):\1 Page 14 Mr. Dennis Hefferen June 19. 2009 prepared at the request of counsel In conclusion, it is our hope that we have responded to your concerns to the best of our ability with the documentation available to us at this time. Please call me to discuss further. Thank you for asking us to provide this service to the Municipality. Sincerely, AECOM Canada Ltd. &cf~~ Dale Leadbeater, B.Sc., B.Ed. Senior Biologist dale.leadbeater@aecom.com j:'(Cff : C \ c:c; Brooke R. Smith, 2007, Assessing the Feasibility of Creek Daylighting in San Franciso, Part 1: A synthesis of Lessons Learned from Existing Urban Daylighting Projects City of Redwood, California, General Plan - Conservation Element Environment Canada, 2004, How Much Habitat is Enough? A Framework for Guiding Habitat Rehabilitation in Great Lakes Areas of Concern (Second Edition) i\ I ('. ( ;\1 (11 1885_I-.June 19-09_ foster__ creek. peer Jevlew doc) Attachment 1 Figure 13. The Greenlands System (Foster Creek Subwatershed Planning Study, 2001) .., ~~'.. , ';,.t ~, .~~'f-~, \~ ....,1> ' .4;. , :; \~. ~) \~....' ~J ",,~--~.... ,"'i.;ti (11 1885_I_June19-09..fosler_ creek_ peer_review doc) BY -LAWS 2009-145 2009-146 2009-147 SUMMARY OF BY-LAWS October 26, 2009 Being a By-law to authorize entering into an Agreement with the Owners of plan of Subdivision 18T -94027 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-94027 (Approved by Council on September 28, 1998) Being a By-law to exempt certain portions of Registered Plan 40M-2148 from Part Lot Control (Prestonvale Heights Limited) (Item 4 of Report #1 ) Being a By-law to enter into an amending agreement between the Corporation of the Municipality of Clarington (Clarington), the Corporation of the Municipality of Port Hope (Port Hope), and Her Majesty the Queen in Right of Canada as represented by the Minister of Natural Resources (Canada) (Item 6 of Report #1) HANDOUTS/CIRCULA TIONS, COUNCIL C/n!#Jglon MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: October 23, 2009 Subject: COUNCIL AGENDA - OCTOBER 26, 2009 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. STAFF REPORTS Attached plea~' Report EGD-031-09 - Mill Street, Orono Road Repairs, as listed on the October 26,2009, genda as Staff Report #2. Patti L. Barrie, CMO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO l 1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS October 26, 2009 a) Jon Gale - Paving of Bowmanville Tennis Courts (Correspondence Item D - 1) b) Cathy Abraham - Report CLD-022-09 - Proposed Election Sign By-law (Unfinished Business #2) c) Dale Stewart - Petitions Regarding Green Road Extension North and Intersections of Aspen Springs Drive West and West Side Drive and Abernethy Crescent and West Side Drive (Correspondence Item D - 7) d) Clark Morawetz - Report PSD-099-09 - Former Boys Training School and Prisoner of War Camp 2020 Lambs Road, Bowmanville (Item 7 of Report #1) e) Kem Majid - Paving of Bowmanville Tennis Courts (Correspondence Item D - 1) f) Doug Rombough - Addendum to Report PSD-067-09 - Status Report: Appeal to the Ontario Municipal Board by Smooth Run Developments Inc. (Metrus Developments Inc.) Brookfield Homes (Ontario) Limited 'on Applications in the Village North Neighbourhood in Newcastle (Unfinished Business #3) g) Greg Milosh - Report PSD-102-09 - Proposed Modification to Amendment No. 60, Brookhill Secondary Plan (Staff Report #1) h) Brian Mountford - Report CAO-007-09 - Code of Conduct for Council Members (Item 12 of Report #1) i) Brian Mountford - Report CLD-022-09 - Proposed Election Sign By-law (Unfinished Business #2) j) Brian Mountford - Report CLD-021-09 - Methods of Conducting the 2010 Municipal Elections (Unfinished Business #1) k) Ann Harley - Report CLD-021-09 - Methods of Conducting the 2010 Municipal Elections (Unfinished Business #1) I) Louis Bertrand - Report CLD-022-09 - Proposed Election Sign By-law (Unfinished Business #2) m) Louis Bertrand - Report CLD-021-09 - Methods of Conducting the 2010 Municipal Elections (Unfinished Business #1) Cf!JJJllgtoo REPORT ENGINEERING SERVICES Meeting: COUNCIL Date: Monday October 26, 2009 Report #: EGD-031-09 File#: By-law #: Subject: MILL STREET, ORONO ROAD REPAIRS RECOMMENDATIONS: It is respectfully recommended: 1. THAT Report EGD-031-09 be received; 2. THAT the Mill Street, Orono road repair works be added to tender CL2009-22, Concession Roads 7 & 8 rehabilitation project; 3. THAT the funds required to cover the Mill Street, Orono road repairs in the amount of $35,000 be drawn from the 2009 Engineering Capital account #110-32-330-83212- 7401; 4. THAT the Mill Street, Orono road repairs works be undertaken and completed in an immediate and timely fashion. // .. /It?'/J I ' /AY/}r.~.. Submitted by: A.S. Cannella, C.E.T. Director of Engineering Services ~j~.s~ Franklin Wu Chief Administrative Officer ASC*jb October 23, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EGD..o31-09 PAGE 2 REPORT NO.: EGD..o31-09 PAGE 2 1.0 BACKGROUND In late July, a section of Mill Street, Orono in the vicinity of house #60 experienced road damages resulting from the slope failure of the roadside embankment. Upon investigation it was concluded that the slope failure was attributed to the existing asphalt gutter being unable to contain and convey water runoff to the nearby outlet. The gutter failed due to the settlement of the ground supporting the asphalt gutter. The proposed solution is to construct a concrete gutter for the length of the guiderail section to properly convey flows to the existing outlet at the south end of the existing guide rail. Additionally the Operations Department had requested that the concrete gutter be extended approximately 50 m north on the west side of the road to address ongoing drainage concerns affecting the resident immediately north of the guide rail at #60 Mill Street. The proposed work will require the area below the proposed curb to be excavated, inspected by a geotechnical consultant and a proper granular road base constructed under the proposed curb to prevent future settlement. The slope will be backfilled, compacted, topped with topsoil and seeded. Approximately 12 guide rail posts will also be replaced to straighten the guide rail. In order to expedite the repair we have requested Coco Paving Inc., the successful contractor for the recent tender CL2009-22, Concession Roads 7&8 Rehabilitation, to provide a quote for the work as an extra to the this tender. The contractor has provided the following: $16,340.00 - Part A - Slope Failure Repair $ 8,150.00 - Part B - Extension of Concrete Gutter J24,490.00 REPORT NO.: EGD-031-09 PAGE 3 REPORT NO.: EGD-031-09 PAGE 3 Staff have reviewed this quotation and find the project costs to be competitive. In addition, due to the nature of work and the uncertainty of the base conditions, staff recommend that a 25% contingency allowance be used for each section resulting in the following funding requirements for the work: $20,500 - $10,500 - $ 4,000 - $0 - $35.000 Part A Part B Design/Geotechnical Inspection (Municipal Staff) Total Project Costs 2.0 CONCLUSION It is recommended that the proposed works be undertaken by Coco Paving Inc. in conjunction with tender CL2009-22, Concession Roads 7&8 Rehabilitation and that the funding for this work be provided from the unexpended funds from the 2009 pavement rehabilitation account, #110 32 330 83212 7401. Work under the pavement rehabilitation account was deferred to 2010 due to the tendering freeze that occurred in August of this year. The Director of Finance has reviewed the funding requirements for these works and concurs with the recommendations. C'OUV1C II Oc.+ob0f 6{~ Q..oC4 BTC Delegation to Council October 26, 2009 Kern Majid, President lJ The COAA parking problem rears its head constantly lJ Dl-Correspondence for Direction references the "parking problem experienced" by the COAA [J The October 7, 2009 edition of Clarington This Week quotes the COAA: :11 "There's an issue and the issue is parking" lJ Saying a parking problem exists does not make it so. 2 Cl As an analogy, a demand from municipal staff for an X 0/0 headcount increase is easily rejected unless and until staff can: Ii Provide unassailable evidence of the need for more headcount II Establish solid statistics of the current and projected long term workload increases ~ Provide an acceptable cost/benefit analysis for the staff increase Cl "Parking" is a symptom of the problem: ~ Is any group entitled to expand its activities without limit? II Is any group entitled to more and more parking to meet its expanding activities? [J We will discuss the attendance and parking data provided by the COAA in their report of June 30, 2009 (the Report) 3 Cl The Report concludes (bullet 2, page 9 and paraphrased): "...around 125 on-site Rarking spots needed to satisfy present and expected demand all year long....." This is a 620/0 increase over existing 77 on-site spaces Cl No evidence of expected demand in any future year is given, with no cost benefit analysis Cl Data provided on present but not expected demand Cl Assertions such as in paragraph 2, page 8 of the Report that: The Centre can accommodate (over 150 people) at one time The frequency of events and rentals at the 200-250 occupant level are clearly expected to increase Do not constitute solid evidence of any long term need (\ [J Core activities at the Centre seem to be (website and publications): ;1'i! Promote well being through affordable programs and activities on drop-in basis ;1~ Social, physical, educational, informational drop-in community centre [J Does a parking problem exist relative to these drop-in core activities? [] Paragraph 2, page 8 of the COAA Report asserts: !iil! "As our membership grows, regular daily attendance for J:}rograms, courses and classes will exceed current parking capacity." [J No evidence that core activities hurt by parking inadequacies [] Council can legitimately challenge any claim of parking incapacity related to core activities and must do so whenever such claims are made 5 ~~,~ Ill' n ,,,if .~ ~ ",.d" # N:.~i # o Non-Core activities seem to be: m Special Events and Fundraisers (Appendix 1) ill Tuesday Luncheons (Appendix II) !lI$ Rentals (Appendix III) o Report provides data on "frequency of higher attendances at the Center" o These statistics have biases and must be viewed with care: II Cover a single 12 month period from almost 11 years of experience ~ Reflect the 2008 one-time high participation 10th year anniversary celebrations flll Overstate attendance by including volunteers It Can be misleading: -includes the September 2008 Registration and Open House with attendance of 537 persons, including 115 volunteers, with cars coming and going continuously during the day as a high attenda nee event o Does a parking problem exist relative to such non-core activities? 6 [J The number of high attendance events in one short and high profiled prior period is an unreasonable and inappropriate measure of future attendances and long term parking needs [J Consider the analogy of a recommendation from staff to expand the public seating capacity by using office floor space across the hall from the Council Chambers because on X occasions in the last Y months during the high profiled "incinerator debates" there was insufficient room to accommodate the unusually high public attendance [J Such a staff recommendation would be readily rejected [J The more credible approach is to base conclusions on average attendances after first removing data biases 7 o Report sets current on-site parking spaces at 77 o Gives average occupancy at 1.7 per car parked in the study period o Grassed areas can accommodate 30 cars o On street parking on Beech Avenue only is 20 cars o Attendees who walk or are dropped off about 170/0 of total attendances o Ignored all additional overflow parking on other streets and public lots o Scenario 1 assumes car pooling on site and off site o Scenario 2 assumes on-site parking only with 2 or more occupants otherwise street parking 8 Summer Spaces 1.0 Person per Car 1.7 Persons per Car 2.0 Persons per Car On-Site 77 77 131 154 On Beech Avenue 20 20 34 40 On Grass 30 30 51 60 Walk-In Traffic 22 38 44 (150/0 of Attendance) Summer Capacity 149 254 298 Winter Spaces On-Site 77 77 131 154 On Beech Avenue 20 20 34 40 On Grass 0 0 0 0 Walk-In Traffic 11 18 22 (100/0 of Attendance) Winter Capacity 108 183 216 9 Summer Spaces 1.0 Person per Car 1.7 Persons per Car 2.0 Persons per Car On-Site 77 77 131 154 On Beech Avenue 20 20 20 20 On Grass 30 30 51 60 Walk-In Traffic 22 35 41 (150/0 of Attendance) Summer Capacity 149 237 275 Winter Spaces On-Site 77 77 131 154 On Beech Avenue 20 20 20 20 On Grass 0 0 0 0 Walk-In Traffic 11 16 19 (100/0 of Attendance) Winter Capacity 108 167 193 10 o All data taken from Report and accepted as given o Reflects all attendance data for all events from July 1, 2008 through June 30, 2009 except the Open House & Registration Event o Volunteers are excluded from the statistics in Report o Reviewed Winter and Summer Average attendances o Summer=6 months: July - October of 2008 plus May and June of 2009 o Winter=6 months: November and December 2008 plus January-April 2009 o Number of events averaged shown in parentheses 11 Average Attendance Special Events Tuesday by Month and Fundraisers Luncheons Rentals July 2008 101 (2) 44 (4) 153 (2) August 2008 0(0) 38 (3) 97 (5) September 2008 132 (5) 101 (4) 108 (3) October 2008 135 (2) 108 (4) 113 (4) May 2009 133 (2) 69 (4) 69 (12) June 2009 160 (2) 88 (3) 35 (2) Average Attendance in 132 (13) 76 (22) 88 (28) Summer Months 12 Average Attendance Special Events Tuesday by Month and Fundraisers Luncheons Rentals November 2008 164 (1) 86 (4) 94 (5) December 2008 170 (2) 101 (4) 73 (4) January 2009 117 (2) 76 (3) 94 (4) February 2009 113 (2) 81 (4) 63 (6) March 2009 130 (4) 76 (5) 120 (2) April 2009 162 (4) 89 (3) 124 (6) Average Attendance in 142 (15) 85 (23) 93 (27) Winter Months Average Attendance in 132 (13) 76 (22) 88 (28) Summer Months Average Attendance in Full 137 (28) 80 (45) 90 (55) 12 Months 13 ,.~~'" If .;\' (.1.:'.:......1._ T 1$\.. J' ~ ~1 Average Attendance Special Events Tuesday and Fundraisers Luncheons Rentals Average in Summer Months 132 (13) 76 (22) 88 (28) Average in Winter Months 142 (15) 85 (23) 93 (27) Average in Full 12 Months 137 (28) 80 (45) 90 (55) Summer Spaces 1.0 Person per Car 1_7 Persons per Car 2.0 Persons per Car Scenario 1 149 254 298 Scenario 2 149 237 275 Winter Spaces 1.0 Person per Car 1.7 Persons per Car 2.0 Persons per Car Scenario 1 108 183 216 Scenario 2 108 167 193 14 o For Core activities there is no parking problem o There is also no parking problem for Non-Core activities: Current capacity, off-site and overflow counting Beech Avenue only, sufficient to meet average attendances During the summer months at all car pooling levels During winter months with car pooling Except for winter months without car pooling (which is unrealistic) o For the few exceptional events overflow alternatives are available o As car pooling becomes the norm, current capacity can adequately meet the needs even if we assume that average attendance in the biased high profiled 12 month study period will continue at those levels in the future o The case made in the Report for parking insufficiency is unconvincing o The claim that 125 on-site spaces will meet its present and expected demand all year long is unsubstantiated o Council must judge if parking is a real or imagined problem 15 o BTC member and Beech Avenue resident for 27 years (since 1982) o Since 1946 kids in the sandbox "played nicely" o In 1998 (52 years later) new kids arrived o Systematic changes at Centre: Community Care Durham reported to be leaving in 2010 Lions' Nursery School also reported to be leaving in 2010 Rumor has it that the Lions' Club might be leaving Proposal of June 30, 2009 for the BTC to leave by 2011 and use the vacated space for expanded parking o The COAA quote (October 7, 2009 edition of Clarington This Week): "Older Adults group is feeling unwelcome in their own home" How should the rest of the kids who live at that home feel? 16 C ()UYl c,'/ --O--c1-Db.eA__i10, - ~oO 7 B n OJ) mCU1 f-fD rc:{. Report # CLD-021-09 2010 Municipal Election Goals · Providing a voting process which meets the principles of the Act · Meeting or exceeding our obligations under the Accessibility Customer Service Standards · Providing a viable solution which is easy convenient and trustworthy for electors · Streamlining administrative processes and · Maintaining quality integrity and accuracy Options Considered · Traditional paper ballot · Vote by mail Including various · Telephone internet combinations · Touch-screen of each approach · Audio Traditional Paper Ballot · Advantages · Secure - voters credentials checked - very difficult for fraudulent activities · Timing - everyone votes at same time providing the full pre-election period for new candidates to 'catch up' to incumbents · No incremental costs · Disadvantages. · Accessible issues for handicapped and / or voters who are unable to vote at the appointed time Various 'Unsupervised' Approaches · Advantages · Provide access for those with disabilities · Potential increase in voter turn out · Disadvantages · Open to fraud · Early vote opportunities put new candidates at a disadvantage ssue I · Balancing the needs for accessibility while ensuring a fair and unbiased approach -- --- ---- -------- -- ---- --- m______ ...______ _____ ___________ ______ _______u______ ______ Recommendation · Continue with the Traditional Paper Ballet · Eliminate any further use of mail in voting - this is the approach most open to voting manipulation · Take a breath until 2014 to gather more knowledge on internet approaches · Recent studies indicate this is still problematic - e.g. 2006 Montreal election · Ensure it is really secure before proceeding · And ensure internet voting occurs on same day and same time as traditional paper ballot Report # CLD-022-09 Issue · Report Recommendation - Restrict the placement of election signs on Municipal Property and Road Allowance Problems with Recommended Restrictions · Provides an advantage to incumbents - the fewer the signs, the more difficult it is for new candidates to catch-up to incumbents · Confusing - Ok to put them on Regional Road allowances but not Municipal Road allowances??? - will lead to problems · Inconsistent with Federal and Provincial rules Recommendation of signs on Do not restrict the placement Municipal Roads. . Report # CAO - 007-09 Issue · Council reaction to the Report on Code of Conduct for Council Members · Codes of Conduct provide the following: · Consistent guidelines on acceptable & unacceptable behavior · A yard stick for incumbents and the voting public to judge behavior Codes of Conduct are Standard Practice · Most municipalities have them for employees and Councils · Most businesses have them for employees and Boards Reactions by Council Just Don't Hold Water · We don't need them - we can judge ourselves?? · The public judges us every 4 years?? How is Clarington Council any different than other municipalities or businesses? How could a Code of Conduct do anything but add value to a well functioning Council? Recommendation · Accept the staff report and direct the CAO to draft a Code of Conduct for Council members. Election Signs Comments on Report CLD-022-09 Nuisance Issue, Collateral Damage · Sign clutter is a nuisance issue · Potential for collateral damage - Municipal: underfunded candidates - Federal/Provincial: independents, smaller parties · Principle to be respected: Lowest barrier to entry into election Clarington :: Bertrand (GPO) :: Signs C. OUVlL,'/ October 26, 2009 1 October 26,2009 Difficult to comply, enforce · Complicated rules are difficult for volunteers to follow - what's municipal, what's regional? · Enforcement difficult, potentially controversial (complicated rules, charges of bias for/against specific candidates) · Loophole in CLD-022-09: signs allowed on municipal property utility poles? (contributes to clutter, sign by-law misses its mark) Deposit Discriminatory · Sign deposit disadvantages underfunded candidates · Donations smaller at municipal level (no tax advantages) · Possible intentional displacement of signs · Was not in initial planning dept. report Clarington :: Bertrand (GPO) :: Signs 2 Recommendation · Pattern Clarington election sign by-law after Durham Region by-law 79-95 · Limits density of signs by same candidate · Easier to comply, easier to enforce · Drop the deposit Enforcement? September 2007 Clarington :: Bertrand (GPO) :: Signs October 26, 2009 3 October 26,2009 Conducting the Election Comments on Report CLD-021-09 Clarington Council Mon Oct 26] 2009 Louis Bertrand] Clarington October 26, 2009 Clarington :: Bertrand :: Elections Recommendations · I n-person vote - Multiple voting locations · Advance polls - Two weeks in advance - Multiple locations · Mobile poll (accessibility) - Advance period and voting day · Special ballots as needed for exceptions October 26, 2009 Clarington :: Bertrand :: Elections 1 October 26, 2009 No Remote Voting · Mail and phone flawed} Internet is worse · Th reats - Loss of confidentiality - Coercion, vote selling, voter sol licitation - Misappropriation of passcode or ballot - Undelivered or mis-addressed voter cards - Cannot audit or recount - Difficult to make last minute updates to voter list October 26, 2009 Clarington :: Bertrand ;: Elections I nternet specific issues · Weak security overall - Even if server is secure, individual PCs are vulnerable - System is no more secure than the weakest link · No paper trail} recount is impossible · Still relies on mail to transmit ID & passcode · Deterrent to novice users · If server is in US} subject to USA PATRIOT act October 26, 2009 Clarington :: Bertrand :: Elections 2 October 26,2009 Voting Machines (Optical Scan) · Must have/save paper ticket for recounts · Voter must be able to verify that printed ticket matches scanned choices · Software must be verified by independent 3rd party (preferably open source) October 26, 2009 Clarington :: Bertrand :: Elections Principles · One personl one vote · All eligible voters (and them alone) · Fair to candidates (incumbents & challengers) · Observability (scrutineersl media) · Voter secrecy · Accuracy: tally reflects voter intent · Recounts possible October 26, 2009 Clarington :: Bertrand :: Elections 3 October 26, 2009 In-Person · Satisfies principles of fair election · Benefits from long tradition · Voters and staff familiar with process · Temp staff salaries benefit locally · Voter turnout is not an issue (no distinct downward trend) October 26, 2009 Clarington :: Bertrand :: Elections In-Person: Making it work · Hiring poll staff benefits from local experience with provincial and federal elections · Specific training still required for municipal practice · Advance polls} mobile poll} special ballots ensure accessibility · With sufficient number of polling stations} election night results obtained fast enough October 26, 2009 Clarington :: Bertrand :: Elections 4 October 26,2009 Recommendations · In-person vote - Multiple voting locations · Advance polls - Two weeks in advance - Multiple locations · Mobile poll (accessibility) - Advance and voting day · Special ballots as needed for exceptions October 26, 2009 Clarington :: Bertrand :: Elections 5