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HomeMy WebLinkAbout11/23/2009 ~~m;i!1gton DATE: MONDAY, NOVEMBER 23, 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 November 9,2009 PRESENTATIONS a) Gord Miller, Environmental Commissioner of Ontario - "The Role of the Environmental Commissioner and Current Issues" b) Bernard Nayman - Report CLD-026-09 - Compliance Audit - John Mutton (Staff Report #2) DELEGATIONS (List as of Time of Publication) a) Roslyn Houser, Goodmans LLP - Report PSD-111-09 - Proposed Official Plan Amendment, Proposed Plan of Subdivision and Zoning By-Law Amendment to Permit 423 Residential Units, Applicant: West Diamond Properties Inc. and Players Business Park Ltd. (Staff Report #3) b) Gary Cole or Representative, West Beach Association - Report PSD-112-09- Offer of Compensation to Port Darlington Harbour Company Respecting the Expropriation of the West Beach Lands for Bowmanville Waterfront District Park - Parts 1, 2, 3,4 on Plan of Expropriation 0552233 and Parts 1 and 2 on Plan of Expropriation DR838341 (Staff Report #4) c) Edwin Bounsall - Report PSD-112-09 - Offer of Compensation to Port Darlington Harbour Company Respecting the Expropriation of the West Beach Lands for Bowmanville Waterfront District Park - Parts 1, 2, 3,4 on Plan of Expropriation 0552233 and Parts 1 and 2 on Plan of Expropriation DR838341 (Staff Report #4) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda - 2 - November 23, 2009 d) Emily Pillinger - Request for Amendment to By-law to Licence, Regulate or Permit Certain Animals (Correspondence Item D - 2) e) John Mutton - Report CLD-026-09 - Compliance Audit - John Mutton (Staff Report #2) f) George Van Dyk - Report CLD-026-09 - Compliance Audit - John Mutton (Staff Report #2) g) Richard Ward - Report CLD-026-09 - Compliance Audit - John Mutton (Staff Report #2) h) Richard Ward - Presentation of Gord Miller, Environmental Commissioner of Ontario - Deer Creek Watermain Contamination COMMUNICATIONS Receive for Information 1- 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated November 10,2009 I - 2 Minutes of the Clarington Heritage Committee dated October 20, 2009 1-3 Minutes of the Tyrone Community Centre Hall Board dated October 21 , 2009 I - 4 Minutes of the Clarington Agricultural Advisory Committee dated November 12, 2009 I - 5 Minutes of the Clarington Accessibility Advisory Committee dated November 4, 2009 I - 6 John R. O'Toole, MPP, Durham - Future of Ontario Municipal Partnership Fund (OMPF) I - 7 Association of Municipalities of Ontario (AMO) Member Communication - Presumptive Legislation for Volunteer and Part-time Firefighters I - 8 Alan Latourelle, Chief Executive Officer, Parks Canada - "It's All About the Water" - Report on the Future of the Trent-Severn Waterway Council Agenda - 3 - November 23,2009 I - 9 Annie Roy, Senior Communications Advisory, Canadian Environmental Assessment Agency - Establishment of Joint Review Panel and Funding Award - Proposed Darlington New Nuclear Power Plant Project 1-10 John R. O'Toole, MPP, Durham - Good Government Act, Bill 212 I - 11 John R. O'Toole, MPP, Durham - Timetable for Completion of Highway 407 East Extension I - 12 Dave Selby, Director of Corporate Communications, Durham Regional Police Service - Expansion of Accident Support Services Ltd. Receive for Direction o - 1 Jon Scharf - Request for Carpool Parking Lot in Bowmanville 0-2 Emily Pillinger - Request for Amendment to Exotic Pet By-law 0-3 . Larissa Watson - Support for Legalizing Backyard Hens 0-4 Julia Bezubiak - Traffic Light at King Avenue and Beaver Street 0-5 Stephane Thiffeault, (A) General Manager, Corporate Services, County Clerk, County of Lambton - Moratorium on Major Health Care Restructu ring 0-6 Dawn Whelan, Council Coordinator, City of Ottawa - Amendment to the Hiqhwav Traffic Act 0-7 Martha A. Pettit, Deputy Clerk, Town of Whitby - 2010 Election Timeline Changes . 0-8 David Kelly, Chair, Clarington Accessibility Advisory Committee- Correspondence from Regional Clerk - 407 East Completion Draft Environmental Assessment Report COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of November 16, 2009 Council Agenda - 4 - November 23, 2009 STAFF REPORT(S) 1. Report CAO-011-09 - Fees for Special Events 2. Report CLD-026-09 - Compliance Audit - John Mutton 3. Report PSD-111-09 - Proposed Official Plan Amendment, Proposed Plan of Subdivision and Zoning By-Law Amendment to Permit 423 Residential Units, Applicant: West Diamond Properties Inc. and Players Business Park Ltd. 4. Report PSD-112-09 - Offer of Compensation to Port Darlington Harbou~ Company Respecting the Expropriation of the West Beach Lands for Bowmanville Waterfront District Park - Parts 1, 2, 3,4 on Plan of Expropriation 0552233 and Parts 1 and 2 on Plan of Expropriation DR838341 5. Report COD-070-09 - Co-operative Tender T-283-2009, Mixing of Winter Sand and Salt and as required, Calcium Chloride or Magnesium Chloride and Placing in Sand Domes BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT Q~mgton Council Meeting Minutes November 9, 2009 Minutes of a regular meeting of Council held on November 9,2009, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. Prior to the start of the meeting, a moment of silence was observed to acknowledge Sapper Steven Marshall and Lieutenant Justin Boyes, Canadian soldiers killed in action. 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 Deputy Fire Chief, M. Berney, attended until 8:39 p.m. Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana, attended until 8:39 p.m. Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon, attended until 8:39 p.m. Director of Corporate Services and Human Resources, M. Marano, attended until 8:39 p.m. Solicitor, D. Hefferon Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 8:39 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Novak announced the following: . She attended the 10th Anniversary of Veridian Corporation, on behalf of the Municipality, at Veridian's Head Office in Ajax on November 5, 2009. She noted staff and Board Members were extremely cordial. . She also attended the Clarington Older Adult Association (COAA) Annual Fundraising Auction on Thursday, November 5, 2009. Council Meeting Minutes - 2 - November 9,2009 Councillor Hooper announced the following: . The Clarington Older Adult Association (COM) will be holding a Remembrance Day Service at the Beech Centre on November 10, 2009. . On Wednesday, November 11,2009, a Remembrance Day Service will be held at the Cenotaph in Bowmanville. . The Holiday Train will be arriving at the CP Rail Crossing on Scugog Street on November 30, 2009, at 6:45 p.m. Councillor Hooper extended appreciation to Jennifer Cooke and a private citizen for organizing this event. . The Annual Bowmanville Tree Lighting Ceremony will take place on December 4, 2009. Councillor Woo announced the following: . On Thursday, November 5, 2009, he attended the initial Kick-off for the MADD Durham Red Ribbon Campaign held at Mosport Speedway. He noted the event was well attended but noted however, that the public are still not getting the message and are driving with alcohol levels over the legal limit. . On Saturday, November 7,2009, he, along with Councillors Novak and Hooper, attended the 1 ih Annual Big Brothers and Big Sisters of Clarington Annual Gala. This year's theme was "Dancing with the Stars" and funds raised go towards helping to mentor little brothers and sisters in the community. Mayor Abernethy announced the following: . There will be a Special General Purpose and Administration Committee meeting on November 20,2009, to review a Verbal Report from the Director of Finance/Treasurer regarding the 2010 Municipal Budget. . On Friday, November 6,2009, Dr. Ronald Bordessa, President and Vice- Chancellor, University of Ontario Institute of Technology (UOIT), and Don Lovisa, President, Durham College, attended a meeting of the Committee to Attract Higher Education to Clarington to provide an update on future growth plans. Mr. Bordessa advised that UOIT intends to expand their health sciences and research programs and are looking at a location in Clarington to accommodate a joint lab training and research partnership with Lakeridge Health Corporation and Holburn Biomedical Corporation. Council Meeting Minutes - 3 - November 9,2009 MINUTES Resolution #C-636-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on October 26,2009, be approved. "CARRIED" Resolution #C-637 -09 Moved by Councillor Trim, seconded by Councillor Foster THAT the Rules of Procedure be suspended to add Staff Report #3 - Verbal Report of the Solicitor regarding a Legal Matter to the Agenda. "CARRIED" PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Tom Worden addressed Council concerning Staff Report #2 - Report PSD-1 06-09 - Request for Permit to Demolish 1592 Prestonvale Road, Courtice, a Property on the Municipal Register of Properties of Cultural Heritage Value or Interest. Mr. Worden stated he is one of the executors of the Worden Estate and that the home has been owned by the Worden family since it was constructed 150 years ago. Mr. Worden advised the home has been unoccupied for the last 2'Y:1 years and has been for sale for 1'Y:1 years but that no offers to purchase have been received. Mr. Worden expressed concern that as of tomorrow, the insurance company will no longer provide coverage on the property because it is vacant, leaving the executors of the estate personally liable for any claims that may arise from the property. Mr. Worden confirmed that he has sought legal advice but does not know what will happen if they are not permitted to demolish the home and if the executors of the Estate resign. He indicated that for these reasons, they have applied for a demolition permit. Mr. Worden acknowledged they have met with staff and the Clarington Heritage Committee to investigate alternatives, but ultimately staff has recommended the permit be processed and approved. Mr. Worden summarized by stating that he appreciates the work of the Heritage Committee but that in this situation he feels the only reasonable resolution to this serious problem is the one recommended to Council by staff. In response to a question, Mr. Worden confirmed that he would be willing to work with a future developer to appropriately acknowledge the historical nature of the property. Council Meeting Minutes - 4 - November 9, 2009 Hannu Halminen advised prior to the meeting that he would not be addressing Council. COMMUNICATIONS Resolution #C-638-09 Moved by Councillor Trim, seconded by Councillor Woo THAT the communications to be received for information be approved, with the exception of Items I - 3, I - 4 and I - 13. "CARRIED" I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated September 17, 2009. I - 2 Gary P. Carroll, Director, Engineering Services, City of Oshawa, writing to P.M. Madill, Regional Clerk, Region of Durham, advising that on October 19, 2009, the City of Oshawa adopted the following resolution pertaining to City of Oshawa Priorities for the 2010 Regional Capital Road Program and Four Year Forecast: "THAT Report DS-09-354 dated September 30,2009 be forwarded to the Region of Durham as the City's input on the Region's 2010 Regional Capital Road Program and Four Year Forecast and that Attachment 2 to Report DS-09-354 be amended to reflect the City's 2010 priority for the Gibb Street/Olive Avenue, Stevenson to Simcoe Road project." I - 5 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he has written to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, concerning Clarington's support of the City of Burlington's resolution proposing that school boards with surplus property be permitted to turn over their property to the local municipality for uses associated with publicly accessible parkland, open space and trails; advising he has requested that the Minister advise if he would consider enhancing the Places to Grow Act for this purpose; commending the Municipality for supporting Provincial policies that encourage the development of parkland, trails and open space; and, indicating that he looks forward to the Minister's response and trusts that it may lead to a policy that will assist municipalities in acquiring additional green space in the years ahead. Council Meeting Minutes - 5 - November 9,2009 1-6 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he has written to the Honourable Dalton McGuinty, Premier of Ontario, endorsing Clarington's support of much-needed critical care and endoscopy improvements planned for Lakeridge Health Bowmanville; and, offering his assistance to the municipality for further follow-up, if needed. 1-7 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he has written to the Honourable Dalton McGuinty, Premier of Ontario, endorsing Council's resolution in support of the County of Simcoe's resolution pertaining to improving timely and local access to hospital care; expressing support for local community hospitals and healthcare stakeholders in Durham Region who seek fair and reasonable levels of funding required in growing communities; and, requesting to be copied on the Minister's response to Council. 1-8 Mayor Marolyn Morrison, Town of Caledon forwarding minutes of the October 2, 2009, Greater Toronto Countryside Mayors Alliance meeting and advising that the following resolutions pertaining to Underserviced Physician Areas and Solutions to Local Issues were passed: "WHEREAS the Government of Ontario issued a consultation document for the spring/summer 2009 which designated the entire GT A as excluded from the UAP and; . WHEREAS the September Consultation Report continues this exclusion and; WHEREAS most of the rural GT A municipalities are not near to achieving the current physician complement formula which means these areas are underserviced; THEREFORE BE IT RESOLVED THAT the current proposed GTA exclusions be reconsidered and the Rurality Index for Ontario be revised to reflect the needs for the rural GTA municipalities." And "WHEREAS the Greater Toronto Countryside Mayors Alliance respectfully request that the Honourable George Smitherman, Deputy Premier and Minister of Energy and Infrastructure, be requested to convene a Provincial/Municipal Countryside Forum at Queens Park and; Council Meeting Minutes - 6 - November 9,2009 THEREFORE BE IT RESOLVED THAT this Forum will take place with Provincial Cabinet Ministers and Mayors to engage their collective expertise, awareness and strategize solutions to local issues." I - 9 John R. O'Toole, MPP, Durham, advising Council that he has written to the Provincial Minister of Finance requesting clarification on the timetable for completing the Highway 407 east extension, in response to Council's request for additional information on the Federal! Provincial Agreement; requesting the Minister to clarify how funding will be allocated; and, to confirm that the intention is to extend the 407 Highway in a single stage so that the traffic burden on rural areas of Clarington is curtailed. I - 10 Fareed Amin, Ministry of Municipal Affairs and Housing, thanking Council for supporting Local Government Week - October 18 to 24, 2009; encouraging students, educators and municipalities to engage one another throughout the year on how their communities work; and, suggesting that teachers and municipal staff visit the AMCTO's website at www.amcto.com to plan activities. I - 11 Larry O'Connor, Mayor, Township of Brock, expressing disappointment on behalf of the Township of Brock, regarding the appeal filed by BILD against the adoption of the Township's new Development Charges By-law; advising he will not be attending the upcoming BILD luncheon with Members of Regional Council; and, forwarding a copy of his correspondence to all Members of Regional Council for their information. 1-12 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham, forwarding a copy of the Regional Commissioner of Planning's Report on the Durham Agricultural Advisory Committee, 2009 Farm Tour, for information. 1-14 Region of Durham Planning Department advising that the Durham Agricultural Advisory Committee (DAAC) and the Durham Environmental Advisory Committee (DEAC), in partnership with the Durham Land Stewardship Council, are presenting a workshop entitled "Land Stewardship: Practical Information and Tips for Landowners" on Saturday, November 28,2009, at the Goodwood Community Centre from 9:30 a.m. until 3:00 p.m. The workshop will provide tips on various land stewardship opportunities for rural and agricultural landowners and topics will include woodlot management, invasive species, renewable/alternative energy, and cost sharing programs. The deadline to register is November 25,2009. Council Meeting Minutes - 7 - November 9,2009 I - 15 Angie Darlison, Executive Director, Clarington Older Adult Association (COAA) and Peter Spratt, Project Manager, ROCG Consulting, announcing the launch of the COM Strategic Planning process to help establish a much-needed planning framework for the Association in identifying priorities and establishing a plan of action that addresses the needs of the members in terms of the programs and services offered and the resources that will be necessary to deliver the services in the future; indicating that ROCG Consulting has been selected to assist the Association in the development of the Strategic Plan; advising that a member of the ROCG team will be contacting Members of Council and Department Heads to schedule interviews as part of the community consultation component; and, advising that a Steering Committee has been formed to oversee the project and that Skip Crosbie is the Municipal representative on the Committee. I - 3 P. M. Madill, Regional Clerk, Region of Durham, advising Council that Regional Council adopted the following resolution pertaining to Used Tire Recycling Funding from Ontario Tire Stewardship (OTS): "a) THAT the Regional Municipality of Durham staff be directed, subject to the review and approval of the agreement by the Regional Solicitor, to participate in the Used Tire Program Plan established by Ontario Tire Stewardship under the Waste Diversion Act and to abide by the Ontario Tire Stewardship Terms and Conditions for Collectors as shown in Attachment No. 1 to Report No. 2009-WR-13 of the Commissioner of Works; b) THAT the Finance Purchasing Department be directed to include language in purchasing and operating agreements for the supply of tires, that the vendor must take back used tires and recycle them under the Ontario Tire Stewardship Used Tire Program Plan or equivalent, and further, that the limit on the number of collections by Ontario Tire Stewardship be an interim limit and that staff investigate increasing this limit during negotiations; c) THAT the '2009 Fees and Charges - Waste Management' be amended to waive the current tipping fee of $120.00 per tonne for deliverables of loads containing tires only, but limited to vehicles that have a Gross Vehicle Weight Rating of up to a maximum of 7,500 kilograms, to be effective the date that the Regional Municipality of Durham registers as a 'Collector' with Ontario Tire Stewardship; Council Meeting Minutes - 8 - November 9, 2009 d) THAT Regional Municipality of Durham staff be directed to work with the area municipalities and local stakeholders to facilitate the collection of tires directly from properties that have tire stockpile to be fully funded by Ontario Tire Stewardship (collection and processing costs); e ) THAT the Commissioner of Finance be authorized to execute the agreement and any subsequent amendments thereafter; and f) THAT a copy of Report No. 2009-WR-13 be provided to the area municipalities for their information and use." Resolution # C-639-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the resolution from the Region of Durham, with respect to Used Tire Recycling Funding from Ontario Tire Stewardship (OTS), be endorsed. "CARRIED" I - 4 Cathleen Cogan Bird, Director of Development, The Society for Educational Visits and Exchanges in Canada (SEVEC) advising that SEVEC, in partnership with the Department of Canadian Heritage, Official Languages Support Programs Branch is offering funding to young Canadians under the "Youth Taking Action 2010" program for youth-led community projects; forwarding program details and application form; and, advising the deadline to apply is November 19, 2009. Resolution #C-640-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I - 4 from Cathleen Cogan Bird, Director of Development, The Society for Educational Visits and Exchanges in Canada (SEVEC), with respect to the "Youth Taking Action 2010" program, be referred to staff. . "CARRIED" Council Meeting Minutes - 9 - November 9, 2009 I - 13 Message from the Ministry of Municipal Affairs and Housing and Member Communication of the Association of Municipalities of Ontario (AMO) dated October 27,2009, concerning Bill 212, The Good Government Act. 2009, that would, if passed, improve clarity, increase transparency and enhance accountability and include amendments to the Juries Act, the Public Inquiries Act and the Municipal Elections Act. Proposed changes to the Municipal Elections Act include moving Election Day forward to October 25, 2010, suggesting changes to campaign surpluses, fundraising limits, compliance audits and financial accountability; proposing changes with regard for the needs of disabled voters and candidates and changes regarding the use of additional sources of personal information to improve the accuracy of the voters list. Resolution #C-641-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item I - 13 from the Ministry of Municipal Affairs and Housing and Member Communication of the Association of Municipalities of Ontario (AMO), with respect to Bill 212, The Good Government Act, 2009, be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-642-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Items 0 - 1 to 0 - 5 be approved as per the agenda. "CARRIED" 0- 1 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade Committee, requesting permission to hold a fireworks display in conjunction with the parade on November 22,2009; and, advising that their pyrotechnician requires proof of Council's approval to obtain the fireworks permit and as the parade is earlier this year, the Pyrotechnics Depot requires advance notice. (Approved issuance of the fireworks permit) Council Meeting Minutes - 10- November 9,2009 0-2 Cheri DiNovo, MPP, Parkdale-High Park, requesting Council to consider supporting her inclusionary Zoning Bill to allow municipalities to pass by-laws mandating that a certain percentage of all new units built in an area be put aside for affordable purchases or to provide developers with the option to allocate certain funds to affordable housing purposes rather than having affordable units in their buildings. The Bill has passed second reading in the Ontario Legislature, and, if passed, will empower municipalities to use inclusionary zoning tools free from Provincial interference. (Correspondence referred to the Director of Planning Services) 0-3 Kerry Meydam forwarding correspondence in support of a return to the traditional method of voting, with provisions made for those with disabilities who request a special ballot or transportation to a polling station, as she feels the supervised method of voting is still the best. Ms. Meydam follows up with additional correspondence indicating that while her original opinion that use of vote tabulators was not necessary, she has since changed her feelings about the use of the equipment, due to the information brought forward by the Municipal Clerk at the October 26, 2009, Council meeting. (Correspondence referred to the Municipal Clerk) 0-4 Louis Bertrand expressing appreciation to Council for returning to the traditional method of conducting municipal elections and for taking a prudent approach on the election sign issue; indicating that he is in agreement with the Municipal Clerk that vote tabulating equipment is useful as the municipal ballot is more complicated than the federal/provincial ballot. (Correspondence referred to the Municipal Clerk) 0-5 Margaret H. Polman, writing further to her correspondence regarding snow removal, expressing concern with the proposed $75 fee for sidewalk and windrow snow clearing and suggesting that prior to the bidding process, that the service be divided into two distinct jobs with distinct fees which may prove more cost effective for Council. (To be advised of actions taken with respect to Report COD-062-09) Council Meeting Minutes - 11 - November 9, 2009 0-6 Scott Russell, Student, Durham College Police Foundations Program, advising as part of the curriculum, students in his program have been assigned a project to develop ideas on how to deter youth crime in the Clarington area and to meet with Durham Regional Police Officers in 16 Division who are involved in community policing; highlighting what their group is proposing that involves schools and the community to deter criminal activities including reducing litter, and ways to increase community usage of parks and trails by increasing visibility, working with schools to educate students on the harms and consequences of crime and committing criminal offences; indicating they are currently gathering information on the costs and availability of resources; and, requesting Council's support of their project. Resolution #C-643-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Correspondence Item 0 - 6 from Scott Russell, Student, Durham College Police Foundations Program, with respect to the project to deter youth crime in the Clarington area, be referred to the Director of Engineering Services; and THAT the Director of Engineering Services investigate the issue of tagging also. "CARRIED" 0-7 Michelle Crabb, President, Mothers Against Drunk Driving (MADD) Durham Region, advising of the launch of project "Campaign 911 ", a campaigned aimed at reducing the number of injuries and fatalities as a result of alcohol and/or drug-related accidents; indicating as part of the Campaign, the Chapter hopes to erect several road signs within Durham Region to heighten public awareness and serve as a reminder for all to call 9-1-1 if they suspect an impaired driver; advising that in order to obtain funding from MADD Canada's National Office, the Chapter must confirm support of local community partners; and, forwarding a draft letter of support of the project for Council's consideration to assist the Chapter in obtaining financial support in moving forward with the initiative. Council Meeting Minutes - 12 - November 9, 2009 Resolution #C-644-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item 0 - 7 from Michelle Crabb, President, Mothers Against Drunk Driving (MADD) Durham Region, requesting support of "Campaign 911 ", be referred to staff to consider the availability of any in-house assistance. "CARRIED" 0-8 Corporation of the County of Perth advising Council that the County of Perth adopted the following resolution pertaining to Residential- Farmland Property Tax Concerns: "WHEREAS the 2009 Provincial assessment data included incorrect values in the Residential class that should have been included in the Farmland class; and WHEREAS such incorrect values will be adjusted by MPAC for the affected taxpayers by the Post Roll Amended Notices, but for which such adjustments may create a budget shortfall for municipalities by having to write-off the differences; and WHEREAS outstanding building permits not processed in a timely manner affect municipalities' revenue and could offset such write-offs; and WHEREAS incorrect values in the RT and FT class have an impact on the OMPF calculations for both 2009 and 2010; NOW THEREFORE BE IT RESOLVED THAT MPAC be requested to provide additional, proactive reporting to municipalities to disclose such pending assessment changes in the future; and THAT MPAC be requested to process the outstanding building permits to ensure that no Assessment revenue is lost, and that new permits be processed in a timely manner; and THAT the Ministry of Finance be requested to reconcile the 2009 OMPF, and to adjust the 2010 OMPF calculations to their proper values; and Council Meeting Minutes - 13 - November 9,2009 THAT a copy of this resolution be forwarded to the Hon. John Wilkinson, MPP, Eastern Wardens Caucus, the Western Warden Caucus, the Association of Municipalities of Ontario (AMO) for circulation, the Ontario Federation of Agriculture (OFA), the Christian Farmers Federation of Ontario (CFFO), and the National Farmers Union of Ontario (NFU) for support." Resolution #C-645-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT the resolution from the Corporation of the County of Perth, with respect to Residential-Farmland Property Tax Concerns, be endorsed. "CARRIED" 0-9 Tanya Lamb, Township Clerk, Township of Wainfleet, advising Council that on October 13, 2009, the Township of Wainfleet adopted the following resolution pertaining to Ministry of Natural Resources Provincially Significant Wetlands: "WHEREAS the Ministry of Natural Resources proposes to designate a significant portion of land in Wainfleet as Provincially Significant Wetlands (PSW); AND WHEREAS these designations represent a significant erosion of property owners' private property rights; AND WHEREAS the designations have been made unilaterally and without public input; NOW THEREFORE BE IT RESOLVED THAT the Corporation for the Township of Wainfleet strongly objects to the wetland mapping proposed for this municipality by the Ministry of Natural Resources; AND THAT Council directs staff to draft a letter to the Ministry of Natural Resources outlining Council's objection to the mapping; AND FURTHER THAT a copy of the letter be sent to the Association of Municipalities of Ontario, Peter Kormos, M.P.P. and all Ontario municipalities for their consideration and support." Council Meeting Minutes - 14 - November 9,2009 Resolution #C-646-09 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the Township of Wainfleet, with respect to Ministry of Natural Resources Provincially Significant Wetlands, be received for information. "CARRIED" 0-10 Mayor Victor Fedeli, City of North Bay, requesting Mayors of all Canadian cities to join North Bay in battling the restrictions of the "Buy American" provision which restricts U.S. cities from purchasing Canadian goods and services with their stimulus funding; highlighting the positive reception to the letter-writing campaign received from U.S. Mayors; and, urging Council to join the campaign in reminding U.S. Mayors that the purchases made by Canadian municipalities have helped their cities survive through the recession and to inform other levels of government of the local ramifications of this decision. Resolution #C-64 7 -09 Moved by Councillor Trim, seconded by Councillor Hooper THAT Correspondence Item D - 10 from Mayor Victor Fedeli, City of North Bay, requesting support of the Mayor to Mayor Letter-Writing Campaign with respect to the restrictions of the U.S. "Buy American" provision, be received for information. "MOTION LOST" Resolution #C-648-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item D - 10 from Mayor Victor Fedeli, City of North Bay, requesting support of the Mayor to Mayor Letter-Writing Campaign with respect to the restrictions of the U.S. "Buy American" provision, be endorsed. "CARRIED" Council Meeting Minutes - 15 - November 9, 2009 0-11 Valentine Lovekin, Newcastle Village Business Improvement Area, requesting Council to reconsider their decision to charge the BIA for road closures and garbage pick-up for special events and requesting that each BIA be permitted exemptions from these municipal charges three times per year, otherwise, they will be forced to reconsider the viability of special events; and, indicating that they feel the 35% overhead fee added to the charge and the six hour minimum charge are disproportionate and penalizing. Resolution #C-649-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item 0 - 11 from Valentine Lovekin, Newcastle Village Business Improvement Area, requesting Council to reconsider their decision to charge the BIA for road closures and garbage pick-up for special events, be referred to staff for consideration at the Special General Purpose and Administration Committee meeting to be held on November 20, 2009, concerning the 2010 Budget. "CARRIED" 0-12 Gary Jeffrey, Chair, Agricultural Advisory Committee of Clarington, (AACC) advising Council that on October 8, 2009, the AACC adopted the following resolution with respect to the Homegrown Ontario Resolution which was referred back to the AACC by Council on September 21,2009: "WHEREAS the Municipality of Clarington supports practices that contribute to the creation of a sustainable environment; AND WHEREAS Ontario consumers support Ontario farmers by purchasing Ontario produced agricultural products; AND WHEREAS Ontario farmers adhere to the highest quality standards set forth by the Canadian provincial and federal government regulatory boards; AND WHEREAS the purchase of all Ontario agricultural products sourced locally requires the burning of less fossil fuel than other food trucked or even flown in from hundreds or even thousands of miles away; now THEREFORE BE IT RESOLVED THAT the promotion and sale of Ontario produced agricultural products to Ontario consumers by Ontario Farmers be identified as contributing to the creation of a sustainable economy and the reduction of carbon emissions." Council Meeting Minutes - 16 - November 9,2009 In addition, the Committee received for information correspondence from Teresa Van Raay requesting support for the Canadian Pork Industry and the resolution from the Town of Caledon pertaining to the Development of an Economic Development Strategy to support farming and municipalities in the Greenbelt in achieving financial sustainability, which was also referred to the AACC by Council on September 21,2009. Resolution #C-650-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the resolution from the Agricultural Advisory Committee of Clarington, with respect to the Homegrown Ontario resolution pertaining to the promotion and sale of Ontario produced agricultural products, be endorsed. 0-13 "CARRIED" Rick Forsey, Teacher, Sinclair Secondary School, Whitby, advising of the school's attempt to break the world record for the largest guitar ensemble to take place at the GM Centre in Oshawa on June 15, 2010, at 7:00 p.m.; indicating that staff and students will make up most of the numbers with other boards and the greater community invited to attend; advising that the Town of Whitby, the City of Oshawa and the Region of Durham are already helping with the event; and, questioning whether the Municipality of Clarington would be interested in helping make this event a huge success. Resolution #C-651-09 Moved by Councillor Trim, seconded by Councillor Novak THAT Correspondence D - 13 from Rick Forsey, Teacher, Sinclair Secondary School, with respect to the world record for the largest guitar ensemble, be received for information. 0-14 "CARRIED" Tony Wood, Chairman, Good Neighbour Committee, requesting Council to consider providing financial assistance to Kim Jobe and Ross Dalgleish, to help rebuild barns and fencing destroyed as a result of the F1 Tornado that tore through their property at 4535 Walsh Road in Orono on September 28,2009. Council Meeting Minutes - 17 - November 9,2009 Resolution #C-652-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Correspondence Item 0 - 14 from Tony Wood, Chairman, Good Neighbour Committee, with respect to the request for financial assistance for Kim Jobe and Ross Dalgleish, be referred to staff. "CARRIED" 0-15 The Township of Frontenac Islands advising Council that The Township of Frontenac Islands adopted the following resolution pertaining to Closing of Prison Farms in New Brunswick, Ontario, Manitoba, Saskatchewan and Alberta: "WHEREAS the Federal Government, through Correction Services of Canada, has announced the closing of six prison farms across Canada; AND WHEREAS the Public Safety Minister, Peter Van Loan, has listened to feedback from the public and we are appreciative of the recent announcement that the abattoir located at the Pittsburg Institution, near Kingston, will remain in operation; AND WHEREAS it is felt that there are many benefits in keeping all prison farms open. While it is acknowledged that not many prisoners will end up with a job on a farm, their experience working on the prison farms provide them with a host of transferable skills and teaches them the need for punctuality, discipline, responsibility, good work ethic, and the importance of teamwork; AND WHEREAS there is evidence that the way people treat nature (animals and the environment) reflects in the way that they treat people and vice versa. Many prisoners have grown up in abusive situations and ended up abusive themselves; by working on the prison farms they get a new appreciation for the importance of respecting their surroundings, which in turn helps in teaching them to grasp the need for personal restorative behaviour. By working on the farms and seeing first hand that a respective relationship with animals and nature is important, they learn that there is another and better way; Council Meeting Minutes - 18 - November 9, 2009 AND WHEREAS it is felt that the costs of running these farms are offset by savings derived from these locally grown foods. That there are side benefits that are hard to put a dollar value on, such as reducing C02 in the environment with reduced transportation, and building of the inmates self worth and self-esteem which will help them reintegrate into society, and thus prevent them from returning to prison; BE IT RESOVED THAT the Council of the Municipality of Frontenac Islands requests the Honourable Peter Van Loan, and Correction Services Canada, to keep the six prison farms in question opened; AND FURTHER THAT this resolution be forwarded to the Honourable Rob Nicholson, Federal Justice Minister, and Peter Milliken, MP for Kingston and the Islands, and all municipalities in Ontario for their support." Resolution #C-653-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the Township of Frontenac Islands, with respect to closing of Prison Farms in New Brunswick, Ontario, Manitoba, Saskatchewan and Alberta, be received for information. "CARRIED" 0-16 Marie Hammond, Treasurer, Bowmanville Santa Claus Parade Committee, advising the Committee is in receipt of correspondence from the Municipality outlining their intention to invoice the Committee for municipal services provided to the Santa Claus Parade; advising that as there was no advance warning of this policy, the Committee is not prepared to pay for these services; and, requesting deferral of the charges until 2010 to enable the Committee to budget for this extra cost. ' Resolution #C-654-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item 0 - 16 from Marie Hammond, Treasurer, Bowmanville Santa Claus Parade Committee, requesting deferral of Municipal service charges for the 2009 Bowmanville Santa Claus Parade, be endorsed. "MOTION WITHDRAWN" Council Meeting Minutes - 19 - November 9,2009 Resolution #C-655-09 Moved by Councillor Hooper, seconded by Councillor Novak THAT Correspondence Item 0 - 16 from Marie Hammond, Treasurer, Bowmanville Santa Claus Parade Committee, requesting deferral of Municipal service charges for the 2009 Bowmanville Santa Claus Parade, be referred to staff. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecuniary Interest Councillor Foster -V Councillor Hooper -V Councillor Novak ~ Councillor Robinson ~ Councillor Trim ~ Councillor Woo -V Mayor Abernethv -V COMMITTEE REPORTCS) Report #1 - General Purpose and Administration Committee Report November 2, 2009. Resolution #C-656-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of November 2, 2009, be approved, with the exception of Items #5, and #9. "CARRIED" Item 5 Resolution #C-657 -09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report CLD-023-09 be received; and THAT the Customer Service Standard Policy included as Attachment NO.1 to Report CLD-023-09 be approved and incorporated into Corporate Policy. "CARRIED" Council Meeting Minutes - 20 - November 9,2009 Item #9 Resolution #C-658-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-029-09 be received; THAT Council deny Mr. Ward's request to suspend the Tax Sale process on his property located at 3709 Regional Road 9, Orono, Ontario; THAT Council deny Mr. Ward's request to remove property standards cost for property clean up from his tax roll; and THAT this resolution be forwarded to Mr. Richard Ward. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecuniary Interest Councillor Foster -:y Councillor Hooper ~ Councillor Novak ~ Councillor Robinson ~ Councillor Trim ~ Councillor Woo ~ Mayor Abernethy .J STAFF REPORTS Resolution #C-659-09 Moved by Councillor Robinson, second~d by Councillor Trim THAT Report COD-065-09 be received; THAT HN Construction Limited, Toronto, Ontario with a total bid in the amount of $369,000.00 (Excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2009-39, be awarded the contract for the Garnet B. Rickard Recreation Complex / Community Care Durham Renovations as required by the Community Services Department; THAT the funds required for the renovation project in the amount of $419,000.00 ($369,000.00 plus construction contingency) be drawn from Rickard Recreation Complex - Community Care Durham Renovation Account #110-42-421-84257-7401; Council Meeting Minutes - 21 - November 9,2009 THAT the budget funds not required in the amount of $140,504.00 be returned to the General Municipal Purposes Reserve Fund; and THAT the By-law marked Schedule "A" attached to Report COD-065-09 authorizing the Mayor and the Clerk to Execute the necessary agreement be approved. "CARRIED" Resolution #C-660-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-106-09 be received; THAT the stone house located at 1592 Prestonvale Road, be removed from the Municipal Register of properties of cultural heritage value or interest; THAT staff be authorized to issue the permit to demolish the building; and THAT all interested parties listed in Report PSD-1 06-09 and any delegation be advised of Council's direction. "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 --J Resolution #C-661-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Staff Report #3 - Verbal Report of the Solicitor concerning a Legal Matter, be referred to a closed session of Council at the end of the Agenda. "CARRI ED" Council Meeting Minutes - 22 - November 9,2009 BUSINESS ARISING FROM NOTICE OF MOTION There was no Business Arising from Notice of Motion considered under this Section of the Agenda. UNFINISHED BUSINESS Resolution #C-662-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the recommendations contained in Report COD-062-09, as amended, be lifted from the table. "CARRIED" Resolution #C-663-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the Rules of Procedure be suspended to allow for reconsideration of the $75 annual administrative fee for the 2009/2010 Senior and Physically Disabled Sidewalk! Windrow Snow Clearing Service. "CARRIED" Resolution #C-664-09 Moved by Councillor Novak, seconded by Councillor Trim THAT the annual administrative fee for the 2009/2010 Senior and Physically Disabled Sidewalk/Windrow Snow Clearing Service be set at $60 per registered property. "CARRIED" Resolution #C-665-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report COD-062-09 be received; THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of $64,080.80 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-43, be awarded the contract for the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services Revised; Council Meeting Minutes - 23 - November 9, 2009 THAT pending satisfactory pricing and service the contract be extended for a second and third year; THAT Council authorize the insertion of an advertisement in local papers informing residents of the reinstatement of the program as soon as possible; THAT the annual administration fee for the 2010/2011 Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services be reviewed and reassessed in the Spring of 2010; and THAT the funds expended be drawn from the Operations Department Annual Operating Budget(s). "CARRIED AS AMENDED" (See following motions) Resolution #C-666-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the foregoing resolution #C-665-09 be amended such that exceptions to all cut- off dates, closing dates and stated requirements be permitted on an extreme compassionate basis only. "CARRIED" Resolution #C-667 -09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the foregoing resolution #C-665-09 be further amended to ensure that all advertising for the Seniors and Disabled Snow Clearing Program references the year 2010 only. "CARRIED" Resolution #C-665-09 was then put to a vote and CARRIED AS AMENDED. BY-LAWS Resolution #C-668-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-150 to 2009-155 inclusive; 2009-150 Being a By-law to adopt Amendment No. 68, to the Clarington Official Plan Council Meeting Minutes 2009-151 2009-152 2009-153 2009-154 2009-155 - 24- November 9, 2009 Being a By-law to being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Courtice Homestead Land Corporation) Being a By-law to authorize entering into an Agreement with the Owner(s) of Draft Plan of Subdivision S-C-2007-0002, any Mortgagee who has an interest in the said Lands, and the Municipality of Clarington, in respect of S-C-2007-0002 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Arnot Wotton) Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and HN Construction Limited, Toronto, Ontario, to enter into agreement for the Renovations to the Garnet B. Rickard Recreation Complex/Community Care Durham lease space Being a By-law to Repeal By-law 2006-107, being a by-law to authorize the use of vote by mail and automated vote counting equipment at Municipal Elections; and THAT the said by-laws be now read a first, second and third time and finally approved. NOTICE OF MOTION "CARRI ED" There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION Councillor Trim expressed concern regarding a drainage situation in the Hamlet of Kendal. He is concerned that the matter has not been resolved and that the situation will continue into the spring and that the homeowners will be faced with flooding as in the past. The Director of Engineering Services commented that staff have been on- site and are working on a solution and that he is meeting with a consulting engineer to pursue ideas and perform field work. He hopes to report back with an interim and long-term solution to address drainage in Kendal. Councillor Trim requested the Director of Engineering Services to research drainage issues on Regional Road #9 from the Way residence to Regional Road #18 noting the drainage issue has intensified in the last two years since the house across from the Way residence has been built. Councillor Trim requested that the Director of Engineering Services respond to this issue on a priority basis. Council Meeting Minutes - 25- November 9, 2009 Members of Council discussed the fees charged to Community Groups for services provided for special events, for both past and upcoming community events. The Chief Administrative Officer was requested to provide a detailed report on the cost breakdown of special events charged to community groups. Resolution #C-669-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. "CARRIED" The meeting resumed in open session at 9:59 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 one resolution was passed to provide direction to staff. CONFIRMING BY-LAW Resolution #C-670-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-156, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 9th day of November, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-671-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 10:00 p.m, "CARRIED" MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS November 23, 2009 a) Roslyn Houser, Goodmans LLP - Report PSD-111-09 - Proposed Official Plan Amendment, Proposed Plan of Subdivision and Zoning By-Law Amendment to Permit 423 Residential Units, Applicant: West Diamond Properties Inc. and Players Business Park Ltd. (Staff Report #3) b) Gary Cole or Representative, West Beach Association - Report PSD-112-09 - Offer of Compensation to Port Darlington Harbour Company Respecting the Expropriation of the West Beach Lands for Bowmanville Waterfront District Park - Parts 1, 2, 3,4 on Plan of Expropriation 0552233 and Parts 1 and 2 on Plan of Expropriation DR838341 (Staff Report #4) c) Edwin Bounsall - Report PSD-112-09 - Offer of Compensation to Port Darlington Harbour Company Respecting the Expropriation of the West Beach Lands for Bowmanville Waterfront District Park - Parts 1, 2, 3, 4 on Plan of Expropriation D552233 and Parts 1 and 2 on Plan of Expropriation DR838341 (Staff Report #4) d) Emily Pillinger - Request for Amendment to By-law to Licence, Regulate or Permit Certain Animals (Correspondence Item 0 - 2) e) John Mutton - Report CLD-026-09 - Compliance Audit - John Mutton (Staff Report #2) f) George Van Dyk - Report CLD-026-09 - Compliance Audit - John Mutton (Staff Report #2) g) Richard Ward - Report CLD-026-09 - Compliance Audit - John Mutton (Staff Report #2) h) Richard Ward - Presentation of Gord Miller, Environmental Commissioner of Ontario - Deer Creek Watermain Contamination SUMMARY OF CORRESPONDENCE November 23, 2009 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated November 10,2009. (Copy attached) I - 2 Minutes of the Clarington Heritage Committee dated October 20, 2009. (Copy attached) I - 3 Minutes of the Tyrone Community Centre Hall Board dated October 21,2009. (Copy attached) I - 4 Minutes of the Clarington Agricultural Advisory Committee dated November 12, 2009. (Copy attached) I - 5 Minutes of the Clarington Accessibility Advisory Committee dated November 4, 2009. (Copy attached) I - 6 John R. O'Toole, MPP, Durham, forwarding a copy of correspondence he has sent to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, regarding the future of the Ontario Municipal Partnership Fund (OMPF) for 2010; requesting what steps the Province is taking to ensure municipalities continue to receive fair funding from the Province and indicating he has encouraged the Minister to continue to provide OMPF funding in the upcoming fiscal year; and, questioning what the Government's plans are for the future of the OMPF, including the Combined Benefit Stable Funding Guarantee. I - 7 Association of Municipalities of Ontario (AMO) Member Communication dated November 6,2009, advising of the Province's intention to move to pass a regulation that will extend compensation for certain types of cancers or heart damage suffered within 24 hours of responding to an emergency that is presumed to be the result of employment in municipal fire service to volunteer and part-time firefighters and fire investigators. Summary of Correspondence - 2 - November 23,2009 I - 8 Alan Latourelle, Chief Executive Officer, Parks Canada, responding to Council's correspondence to the Honourable Jim Prentice, Minister of the Environment regarding "It's All About the Water", the report of the Panel on the Future of the Trent-Severn Waterway; outlining the Federal Government's action plan for the renewal of the Trent-Severn Waterway National Historic Site of Canada, part of Parks Canada's nation-wide network of national parks, marine conservation areas and historic sites; attaching background information and news releases regarding the initiative; and, indicating the renewal will help to ensure Canada's cultural and natural heritage are protected for the enjoyment, education, and appreciation of all Canadians, today and in the future. 1-9 Annie Roy, Senior Communications Advisory, Canadian Environmental Assessment Agency, forwarding News Releases dated October 30 and November 2,2009, announcing the establishment of a three-member joint review panel to consider the environmental assessment and the licence application to prepare a site for the proposed Darlington New Nuclear Power Plant Project at the existing Darlington Nuclear site in Clarington; and advising of the appointment of Alan R. Graham as Panel Chair, and Jocelyne Beaudet and Joseph Kenneth Pereira as Panel Members and attaching biographical information on the panel chair and members; and, announcing that the Canadian Environmental Assessment Agency has awarded funding to Lake Ontario Waterkeeper, Clarington Board of Trade, Northwatch Coalition for Environmental Protection, Safe and Green Energy Peterborough and Movement Vert Mauricie to support their participation in the environmental assessment process. Further information is available on the Canadian Environmental Assessment Agency's website at www.ceaa-acee.qc.ca or on the Canadian EnvironmentalAssessment Registry on the Agency's website under reference 07-05-29525. I - 10 John R. O'Toole, MPP, Durham, advising of the introduction of the Good Government Act. Bill 212, introduced in the legislature on October 27,2009; forwarding a summary of the provisions of the legislation with regard to matters associated with Municipal Elections; and, indicating that Council's comments and/or resolutions adopted regarding the proposed changes to the local elections process would be appreciated. Summary of Correspondence - 3 - November 23,2009 1-11 John R. O'Toole, MPP, Durham, forwarding correspondence from the Federal Minister of Finance in response to Mr. O'Toole's inquiry regarding the timetable for completing the eastward extension of Highway 407; highlighting details of the FLOW initiative, an agreement between the Federal and Provincial governments to improve transportation infrastructure in the Greater Toronto Area (GT A); and, indicating as part of FLOW, the Province has given its commitment to complete the eastward extension of Highway 407 to Highway 35 & 115 by the year 2013. I - 12 Dave Selby, Director of Corporate Communications, Durham Regional Police Service, announcing the opening of a Regional Collision Reporting Centre (CRC) by Accident Support Services Ltd. in partnership with the Durham Regional Police Service (DRPS) at 650 Rossland Road, Whitby; indicating the one-stop service opportunity will facilitate the reporting of non-injury collisions and free up valuable time for police to attend higher priority calls by providing a service for citizens to exchange information, have up to 24 hours to report property damage-only collisions, and have the services of a trained professional staff member to help them complete the collision report, direct them to police personnel as needed, photograph the damage to the vehicle and offer them the opportunity to contact their family, broker or insurance company directly; and, indicating that further information on Accident Support Services Ltd. is available on their website at www.accsupport.com. CORRESPONDENCE FOR DIRECTION o - 1 Jon Scharf proposing the idea of building a carpool parking lot in Bowmanville to promote carpooling and to help to reduce greenhouse gases. The correspondence indicates that most other communities east of Bowmanville have carpool lots in close proximity to Highway 401 and Mr. Scharf feels that such a lot would be well used by area residents who commute daily to other areas of the GT A. (Motion to refer correspondence to the Director of Engineering Services) Summary of Correspondence - 4 - November 23, 2009 D - 2 Emily Pillinger requesting an amendment to the by-law regulating the licensing, regulating or permitting of certain animals within the Municipality of Clarington to permit the keeping of chickens in urban areas; indicating that urban hen husbandry plays an essential role in the creation of sustainable local food systems and that chickens are personable pets; and, proposing that single-family homes be permitted to keep three to six laying hens for household egg gathering. (Motion to refer correspondence to the Municipal Clerk) 0-3 Larissa Watson, requesting Council's support i~ legalizing backyard hens as many other Canadian and American cities have done without issue; outlining the health and environmental benefits of raising hens in Clarington; and,suggesting that as Clarington is a leader in environmental and health initiatives, including local food, backyard hens are a perfect fit. (Motion to refer correspondence to the Municipal Clerk) D - 4 Julia Bezubiak expressing concern with the amount of traffic at King Avenue and Beaver Street and the inability of pedestrians to safely cross the street; acknowledging that there has been one fatality and another person injured as a result of this dangerous intersection; questioning the reasoning behind decisions to install traffic signals at Mill Street and Andrew Street when there are traffic lights one block further south and the response that traffic signals are not warranted at King Avenue and Beaver Street due to the proximity of the signals one block away; and, also expressing concern with construction/land clearing behind her father's home for a possible commercial use and the potential for the rear of the property to be used for parking. (Motion to refer correspondence to the Director of Engineering Services and the Director of Planning Services) o - 5 Stephane Thiffeault, (A) General Manager, Corporate Services, County Clerk, County of Lambton, advising Council that on October 7, 2009, the County of Lambton adopted the following resolution pertaining to a Moratorium on Major Health Care Restructuring: "WHEREAS the Health and Long-Term Care Minister recently appointed a Small and Rural and Northern Health Care Panel to review and better coordinate access to health care services in Rural and Northern Ontario; Summary of Correspondence - 5 - November 23, 2009 WHEREAS to call for a moratorium on the restructuring of health care services in rural and small communities to be imposed upon each Local Health Integration Network in the Province of Ontario until such time as a province-wide review process has been conducted. The Ontario College of Family Physicians, Canadian Association of Emergency Physicians, Rural Section of the Ontario Medical Association and the Society of Rural Physicians have endorsed this call; WHEREAS it is deemed necessary and expedient for small, rural and northern Municipalities to call upon the government to impose a moratorium on any further reductions to health care services in rural and northern communities; NOW THEREFORE BE IT RESOLVED by the Lambton County Council that it hereby petitions the Honourable Dalton McGuinty, Premier of Ontario and the Honourable David Caplan, Minister of Health and Long-Term Care to impose a moratorium upon each Local Health Integration Network to prevent any further reductions and/or restructuring in health care services in rural and northern communities in the Province of Ontario until such time as a Province-wide review process has been conducted, resulting in the following action: 1. The urgent establishment of knowledgeable representation, similar to those involved in the Rural and Northern Health Care Framework, to provide recommendations to the LHINs regarding the role and future of emergency departments and small hospitals; 2. The adoption of the standards that have been developed identifying the services that are required to provide emergency care; 3. The identification of how many emergency departments are needed in each community and in each LHIN; 4. The adoption of standards regarding the level of services that should be available in local rural hospitals to support the health care needs of the local population; 5. The adoption of standards regarding the level of services that should be available to local communities to provide the non- hospital based services that are required to meet the health care needs of the local population; Summary of Correspondence - 6 - November 23, 2009 6. The implementation of a system to ensure accessibility to regional ,services (London) that are deemed necessary to support local delivery systems; 7. The implementation of standards regarding EMS availability in the event of a closure of an emergency department; THAT a copy of this resolution be sent to all small, rural and northern Municipalities in the Province of Ontario for support; and further, THAT the Ontario Ombudsman and Auditor General are so notified of this action as well as all other appropriate person and local Members of Parliament." (Motion for Direction) 0-6 Dawn Whelan, Council Coordinator, City of Ottawa, advising Council that on October 28, 2009, the City of Ottawa adopted the following resolution pertaining to an amendment to the Hiqhway Traffic Act: "WHEREAS the Province of Ontario's Hiqhway Traffic Act. RS.O. 1990, is a consolidated statute governing traffic regulations; AND WHEREAS Section 128(1 )(a) establishes a default speed limit (without signs) by providing that no person shall drive a motor vehicle at a rate of greater than 50 km/h on a highway within a local municipality or within a built-up area; AND WHEREAS legislation does not allow municipalities in Ontario the right to create and apply an unsigned default city-wide speed limit of other than 50 km/h; AND WHEREAS legislation does not allow municipalities in Ontario to establish speed limits other than the Provincial default speed limit through a by-law, provided that those municipal speed limits are signed in accordance with existing requirements; AND WHEREAS the City of Ottawa would like the ability to set its own unsigned default speed limit on local roads in residential communities; AND WHEREAS it is anticipated that other municipalities in Ontario may be experiencing similar issues now or in the future; Summary of Correspondence - 7 - November 23, 2009 AND WHEREAS there are benefits to having a co-ordinated approach to the Ministry of Transportation of Ontario asking for legislation to allow Ontario municipalities to set their own unsigned default speed limit on local roads in residential communities; THEREFORE BE IT RESOLVED THAT City Council approve the following: (1) That the City of Ottawa ask municipalities in Ontario with a population over 50,000 and the Association of Municipalities of Ontario for their support for an amendment to the Hiqhway Traffic Act. RS.O. 1990 to permit municipalities, on local roads in residential communities: (a) to set their own default speed limits (unsigned); or (b) in the alternative, to set alternative default speed limits with limited signage (gateway signs) at the entrances to these residential communities; (2) That municipalities in Ontario who support the request as shown in (1) respond, via Council resolution, to the City of Ottawa by 28 February 2010; and (3) That following the receipt of responses from municipalities in Ontario, staff petition the Ministry of Transportation of Ontario for amendments to Hiqhway Traffic Act as shown in (1) and report back to Council on progress made on this issue by the end of Q2 2010." (Motion for Direction) 0-7 Martha A. Pettit, Deputy Clerk, Town of Whitby, advising Council that on November 2,2009, the Town of Whitby adopted the following resolution pertaining to 2010 Election Timeline Changes: "1. THAT Council of the Corporation of the Town of Whitby advise the Minster of Municipal Affairs and Housing, the Standing Committee of the Legislature examining Bill 212 and Christine Elliott, MPP, that it recommends Bill 212 be amended to provide that any current surplus being held in trust by a municipality on behalf of a candidate be forfeited to the municipality in question immediately and not after the 2010 election; Summary of Correspondence - 8 - November 23, 2009 2. THAT the four-year term of office for Council be amended to commence the third Monday in November following the 2010 election and each regular election thereafter; and, 3. THAT the Clerk advise the Regional Municipality of Durham and the area municipalities within Durham Region and the Association of Municipalities of Ontario of Council's position and request their support." (Motion for Direction) o - 8 David Kelly, Chair, Clarington Accessibility Advisory Committee, (CAAC) advising Council that the CMC endorsed the following recommendation of Durham Regional Council regarding the Highway 407 East Completion Draft Environmental Assessment Report which was referred to the CMC by Clarington Council on October 14, 2009: ''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." (Motion for Direction) Draft minutes - Not vet approved bv Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY NOVEMBER 10,2009 AT 7:00 P.M. Present: (Voting) John Stoner - Chair Karin Murphy - Vice Chair Councillor Willie Woo Brian Reid Dan Stanoi Staff Present: Peter Windolf Regrets: David Best Warren May - MNR Absent: Greg Wells - GRCA 1. Agenda Additions There were no additions to the agenda. Acceptance of Agenda MOVED by Shirley Minifie, seconded by Jim Cleland THA T the agenda for November 10,2009 be accepted. CARRIED 2. Minutes of September 8, 2009 Corrections Pat Mulcahy Jim Cleland Shirley Minifie Arthur Burrows Joe McKenna I - 1 2 There were no corrections to the minutes. Approval of Minutes MOVED by Brian Reid, seconded by Jim Cleland THAT the minutes of September 8, 2009 be approved. CARRIED 3. Issues arising from the Minutes There were no issues arising from the minutes. 4. New Member Introduction-Pat Mulcahy The committee welcomed Pat Mulcahy. Pat has been a resident ofthe Wilmot Creek Community for the past 5 years and is a frequent user of the trails at the SWNA. She became more aware ofthe activities of the SWNA Committee through the presentation given at the Wilmot Community last spring. 5. Sub-Committee Reports Communications John Stoner mentioned that he has yet to complete his article on dragon flies that will be included in the nest newsletter. Since the discontinuation of the Clarington.net publication the newsletter will be posted on line on the Municipality's web site and will be offered bye-mail to the current mailing list. 6. Updates TD Great Canadian Shoreline Clean-Up Shirley Minifie provided an overview of the clean-up held on September 19. Several SWNA members picked up litter and debris from along the lake on both sides of the Wilmot Creek and also along a portion of the creek north ofthe lake. Part ofthe process was to tally of the types of litter found and report back to the organizers. The most common litter found, by far, was plastic water bottles. Other interesting items included a large construction cone and a full can of vegetables. One of the biggest challenges was hauling the litter from the lakeshore up to the Cobbledick parking lot. In 2010 the collected garbage can be left by the lake shelter or viewing platform. Operations trucks can access those areas from the gate at the end of Cobbledick Road. It is expected that TD will provide an overall summary of the event to all of the site coordinators. Shirley will report back to the committee when this information is available. 3 Newcastle Memorial Forest - Phase 2 The Newcastle Lions have received a Trillium Foundation grand and are in the process of completing the second phase of the memorial forest at the north end of the SWNA. Approximately 40 trees have been planted in phase 2 and the walkway locations have been staked out for construction later this month. A wood entrance feature will also be constructed at the new north access point to the memorial forest. Municipal Staff Representation Jennifer O'Donnell will not attend the SWNA meetings for the foreseeable future but will still act as the SWNA committee secretary. She will continue to distribute the minutes, receive regrets for meetings, help organize special events, etc. Peter will record the minutes of the meetings. Councillor Woo explained that this was being done on all Committees of Council as a cost saving measure. Sign Relocation The entrance sign on the Toronto Street side has been moved by the Operations Department so that is now visible from the re-aligned Toronto Street entrance to the SWNA. The posts at the original location were set in concrete and had to be replaced as part of the move. Wilmot Watershed Study Three members of the SWNA committee also sit on the GRCA committee studying the Wilmot Creek watershed. In September members were given the opportunity to tour the entire watershed by bus. Jim Cleland attended the bus tour and reported that many of the problems with water quality in the Wilmot Creek can be linked to agricultural land uses up-stream. The Watershed Study group is trying to encourage better stewardship by all owners ofland adjacent to the Wilmot Creek. Another meeting ofthe committee is scheduled for late November with a final report anticipated in January 2010. 7. Other Business/Next Meeting SWNA Presentations to Schools The committee discussed the need to increase awareness of the SWNA by delivering the PowerPoint presentation to high school students. It was agreed that the best way to do that would be through the Environmental Studies classes at Clarington's public and separate high schools. The schools will be contacted to see if they are interested in receiving a presentation. Pat Mulcahy will also investigate how many Scout groups exist in Clarington so that we can offer the presentation to them. 4 MRN Parking Lot garbage The MNR Parking lot on Toronto Street continues to be a dumping area for various types of garbage. Most recently some furniture was dumped in the lot. The MNR will be made aware of this issue by copy of the meeting minutes. Issues for Operations Department The garbage cans are missing from the Toronto Street Parking lot and at the trail entrance on Toronto Street. A tree limb has fallen on the woodchip trail between the Sewage Treatment Plant and the lake. Motion to Adiourn MOVED by Karin Murphy, seconded by Brian Reid THAT the meeting be adjourned. CARRIED Adjournment: 8:15 P.M. Next Meeting: Tuesday December 8, 2009 7:00 p.m. Meeting Room lA Notes prepared by P. Windolf CLARINGTON HERITAGE COMMITTEE 1- 2 Minutes of Meeting No.8 October 20, 2009 MEMBERS PRESENT: Victor Suppan Paul Allore Karin Murphy Councillor Mary Novak REGRETS: Karina Isert David Reesor James Rook Duane Cook Ingrid ABSENT: Andrew Kozak Leslie Wilson PLANNING STAFF: Isabel Little ADOPTION OF MINUTES: MOTION 09.24 Moved by THAT the for by James Roo.k , 2009 be deferred BUSINESS ARISING: Camp 30 A staff report was presented t()the General Purpose and Administratio.n Committee meeting on October 19th recommending that buildings 1. 6, 7, 8, 9,10, 11, 12, 14, 16. 17, and 18 be deleted from the Municipal Register of prop~rties of cultural heritage value or interest, and that the demolitio.n applications for buildings 1, 6, 9, 10, 12, 16, 17, and 18 be appro.ved. The COTmittee members wrre pr()yided with attachment 4 from the staff report which pro.vided the names of each building on site, their function, and any architectural and/or historical information that was available per structure. The attachment noted that buildings 7 (fire hall/maintj3nance carpentry shop), 8 (library/storage building), 11 (industrial arts building), and 14 (administration building) are recommended to be removed from the Register but not for demolition at this time. Staff were requested to provide an explanation to. the Chair. beyo.nd what is detailed in the staff report, as to why these four buildings were being recommended for removal from the/Register. Herita~e Conservation District Review The staff report on the review of the Beech Avenue Heritage Conservation District was tabled by Council on September 21st pending receipt of the report from the Director of Engineering Services with respect to parking at the Clarington Beech Centre. It was noted that a history of the Bowmanville tennis club was submitted to the Municipality approximately six months ago. Staff will seek the information and provide a copy to the Committee. The Ministry of Culture has prepared an information sheet check list for reviewing existing designated districts to determine if the District Plan conforms to the amendments that were made to the Ontario Heritage Act in 2005. James Rook volunteered to review the Beech Avenue HCD Plan in comparison to the check list. Website BudQet ReQuest The initial Planning Services Department budget contained the Committee's request for funding for the website. It is unknown if the request will be retainediFls the budget is reviewed internally before presentation to Council. A meeting could not .R~arranged with Andrew, Vic and staff prior to the submission, however, Andrew did provid~ ments via e-mail. Staff will arrange a meeting in the near future. Official Plan Review and Potential HCDs potential to The Committee made the following suggestion become future heritage conservation districts: . Area previously studied in Bowmanville, inclUding the~ast side of Liberty Street North Heritage resource area in Oro~g,;~tending sol..lt8~~rd to Sommerville Drive Newcastle Village from the east~rn..Qverpass alon King Avenue to the east side of Beaver Street, extending north torailway\Hne and so to Highway 401, then extending westward to east side of North arid Bald ,~n along King Avenue to west boundary of Newcastl~ Courtice main streugy~rea Bowmanville herita resource area Millionaires ro ..... Concession Road Road The hamlets Kendal eskard, . . . . . . Baker School and Rundle Road to Enfield nfield, Enniskillen, wtonville, and Ki Tyrone, Solina, Burketon, Hampton, Coun the tW9properties at 5531 Bethesda Road and 5681 Acres Road to the . ipal Register roperties of Cultural Heritage Value or Interest. Duane Cook volunteere 0 contact MTO 0 request that the Committee be informed when MTO acquires additional heritFlge properti~:? Staff will contact MTO to determine their protocol in providing this information: SiQn By-law Staff provided the Committee with copies of the Sign By-law regulations in regards to the Heritage Resource Areas and explained how these regulations are specific to sections of downtown Bowmanville, Orono, and Newcastle Village. CORRESPONDENCE The CHO Newsletter was distributed. The CHO membership form for 2010 was received and the following motion passed: 2 MOTION 09. Moved by Karin Murphy, Seconded by Duane Cook THAT the CHO membership be renewed for 2010 and additional newsletters be requested "CARRIED" The Heritage Matters newsletter was circulated. There is a Ganaraska River Watershed Open House on OctobEW44th from 2:00 to 5:00 at 2216 County Road 28 in Port Hope and a Ganaraska Region Watersh~d Planning Open House on October 24 from 2:00 to 5:00 at 20 King Avenue West in Newcastle. FINANCIAL REPORT: August 26 August 31 Sept 25 opening balance interest closing total $5,936.04 .05 $5,936.09 MOTION 09. Moved by Karin THAT the Seconded by Davl Reesor repo e accepted. SUBCOMMITTEE REPORTS: Newcastle CIP Focus Group: The CI.~.focus GrOlip met on September 24th. The remaining money that was left in the 2009 budgetfor CIP grants, approximgtely $3,000, has been cut. It is unknown if any grant funding will be. approved in the MUl1i9ipal budget for 2010. When the G..IP was being prepared for Newcastle there was a request for signage at the 401 exit to the community. MTO's policy is that they will only permit signs for municipalities, not for individual communities within a municipality. John O'Toole had made the same request for Bowmanville and when he was informed of their regulations he requested that the province consider changing their policy. Staff will monitor that request. The CIP Focus Group was provided with a detailed description of the signage regulations for the heritage resource areas. Certain members of the Group had been questioned if paint colours on buildings in the CIP area could be regulated. Paint colours can not be governed under the CIP. The Group was informed of the concerns that were raised during the preparation of the Heritage Conservation District Plan in Bowmanville in regards to regulating paint colours. Although some 3 municipalities have HCD Plans that do limit paint colour selection, this approach was not followed due to the objections that were received during the HCD study process. PROJECT REPORTS: Inventory Update: David and Karin continue to photograph Clarke Township buildings NEW BUSINESS: demolition. The been moved off giving a brief 71 Old KinQston Road There was a fire in the house the week that the builgid9 was schedu building has now been demolished and 50 stones frpm the foundation site. It is proposed that a cairn be constructed the stones. A bronze p history of the site will be mounted on the cairn. The former owner may have a portion of the millst incorporated into the cairn. David will follow Windolf who is responsible for the was suggested that it might be the suggestion and contact Peter 49 and 63 Beaver Street Planning staff have meLwit ~ owners and their lawye . They are proposing that the two houses be moved 0 te. TheCommitte~crgreed that their comments on the rezoning application remaina mitted tost~ff in April. Adjournment Next Meeting November 1ih, 2009 Me~ting Room 1A, 7:00 pm 4 1-3 Tyrone Community Centre Hall Board Meeting: Oct 21st, 2009 Attendees: Larry Quinney, Mark Canning, Paul Rowan, Gwen Woodcock, Walter Loveridge, Denise Franklin Approval of Minutes from Sept 16th Board Meetine: Motion: Larry Quinney Second: Walter Loveridge Fundraisine:/ Community Events . Board members will each take a few copies of the new fundraising letter to approach potential sponsors(5-10 each). . Singles dances - Improving attendance at each dance, Board members should share volunteering for one dance each or bring 1 volunteer each. The Oct dance estimated to bring in $500-$700 with 100 people attending. This would be substantial profit over the course of a year towards our expenses. Key areas that the dance needs help with include closing(10:30-1:30am), making sandwiches, tun an entire dance. These dances will continue to grow each month. . Dance Lessons - The October session had a very good turnout and made $1000 gross for the event. . Cooking Classes - Oct 28th Treasurer's Report: Total Assets $5276.02 Total Liabilities $2861.44 . Denise will review with the Municipality the loan and installment payment plan. . Larry reviewed the heat/ hydro expenses(largest yearly expense to the hall) to see where we could reduce costs. It was determined that a programmable thermostat is needed and also look at weather stripping for some areas of the building to save heat. . Kim reviewed the Pepsi canisters vs canned pop to see what savings could be achieved. The board agreed to discuss this at the N ovem ber meetirig further. . A new oil supplier is now taking care of the hall Bar Report: Discussed the need to eventually determine the actual costs we have in the bar - ie per beverage if that is possible. Also discussed the need to track each purchase during an event. Seniors Report: Penny Sale had a poor turnout and sales on Saturday. Will continue the event next year but will assess whether it should continue the following year. Cleanin~ Report: Nothing to Report Booking Report: 7 new contracts are currently in the works Municipality of Clarin~ton Issues: . New Ceiling will be starting shortly - need design input . Missing Building Sign New Business: . Need to maintain/replace the Memorial Trees . Dec 5th was discussed as the date for the annual Breakfast with Santa. Volunteers are needed and also to decorate the hall for Xmas. Motion to Adjourn: Motion - Mark Second - Paul 1 - 4 CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, NOVEMBER 12, 2009 MEMBERS PRESENT: Tom Barrie Ted Watson Gary Jeffery Eric Bowman Brenda Metcalf Henk Mulders Donald Rickard Councillor Gord Robinson REGRETS: Jennifer Knox Mary Ann Found Mark Bragg Marlene Werry-Durham Region ABSENT: Ross McMaster Orwin Bandstra STAFF: Faye Langmaid GUESTS: Sean Cooper, Plamen Petkov-Canadian Federation of Independent Businesses Adoption of Aqenda 09-28 Moved by Brenda Metcalf, seconded by Ted Waston "That the Agenda for November 12, 2009 be adopted" "CARRIED" Approval of Minutes 09-29 Moved by Tom Barrie, seconded by Donald Rickard "That the minutes of the October 8, 2009 meeting be approved, as amended." "CARRIED" GUESTS: Sean Cooper and Pia men Petkov, Canadian Federation of Independent Businesses Pia men provided an overview of the CFIB and the services that it provides for its members. Pia men discussed the CFIB strengths, especially the ability to obtain access to Federal and Provincial Ministers to express the views of their membership. Sean is the local area representative he meets with each member at least once annually. Often the policy being promoted by a government can be beneficial to members but because of the lack of communication or an unclear message business owners question the policy. The other aspect that CFIB provides is ongoing monitoring of past successes that sometimes are once again recommended for change. There were.a number of questions from members to which responses were provided. (Packages for members not in attendance will be distributed with the minutes). BUSINESS ARISING FROM MINUTES 'Y:z loads resolution - the original resolution as drafted by staff and the adopted resolution were circulated. The issue for Operations and Engineering was the change from "perishable" products to "farm inputs". The definition of both will be circulated after the last meeting. After some discussion the original resolution was endorsed by the Committee. 09-30 Moved by Donald Rickard Seconded by Tom Barrie "Whereas the Highway Traffic Act of the Province of Ontario in Section 122 sets out the weight restrictions for reduced load periods and the exceptions to this restrictions; and Whereas one of the exceptions is for vehicles used exclusively for the transportation of milk; and Whereas there are other perishable products that need to be transported onto and off of farms during the season when reduced load periods are in force; and Whereas the number of truck trips for these perishable products are limited by the amount of production capacity; and Whereas the Provincial government is supportive of the agricultural industry which is vital to the economy of Ontario, the local production of food and food security; Now therefore be it resolved that the Highway Traffic Act, Section 122 be amended to include as an exception vehicles used for the transport of locally produced perishable food; And further that this resolution be circulated to all members of the Association of Municipalities of Ontario for endorsement." "CARRIED" Climatic Assessment - The staff report recommending support of the Climatic Assessment was endorsed by Council and $2500 allocated towards the funding of the study. Marlene has submitted the grant application to the Agricultural Adaptation Council under the CanAdvance Program for $26,400 funding of the total $50,500 project. The other partners are Durham Region Economic Development, East-Central Fruit and Vegetables Growers' Association, Durham Region Soil and Crop Improvement, East-Central Soil and Crop Improvement Association, Region of Durham Climate Change Committee in addition to Clarington. The Agricultural Advisory Committee of Clarington provided a letter of support. AACC Oct 8, 2009 Road Occupancy Permit and presentation/information from last meeting: Some issues have been identified with the form/permit that has to be filled out. Faye provided some additional explanation that the drawings provided are from the Ontario Traffic Manual- Book 7 and are used by all Municipalities across Ontario. Faye also noted that the Region has indicated that they would consider a seasonal permit. It was suggested that Tom Barrie, Donald Rickard, Mark Bragg and Councillor Robinson meet with Leslie Benson to clarify any questions they have with the permit. CORRESPONDENCE · CLOCA-Watershed Awards are being held on December 1, 2009 at Camp Samac at 6:30 p.m. · Letter from John O'Toole regarding Bill 204, Animal Health Act. Faye will distribute bye-mail the proposed Bill that John has asked for comments on. · DAAC Tour Report to Regional Planning Committee on the success of the tour. · Land Stewardship Workshop on November 28, 2009. Faye will distribute bye-mail including the registration form. · Memo from Regional Planning Director on the acreages in each Municipality affected by 407 ROW. Attached to minutes. REPORTS FROM OTHER COMMITTEES DAAC Region is going to be accepting tires (4 at time) for recycling at transfer stations (Port Perry, Oshawa/Simcoe) starting in mid-November. Durham Federation of Aqriculture No report. Clarinqton Board of Trade Donald Rickard is the Agricultural Director on the Clarington Board of Trade, this will be added to regular committee reports. At the recent meeting the Climatic Assessment was discussed and Donald provided information on why it would be helpful to have this research carried out. Many times he finds that part of his role is education of the Board members as to what the impacts would be on farming and why it might be negative or have implications. OTHER BUSINESS Soil & Crop January 8th is AGM in Blackstock with David Phillips, Climatologist as the keynote speaker. Farmer's Parade of Lights- Eric distributed flyers for posting and invited all to attend. Private Members Bill regarding Corporations- Gary provided information on the submission of a private members bill that would restrict corporations from receiving government grants. There are also limitations in the Pesticides Act regarding corporations that farmers should be concerned about. It appears that there is little understanding that some farms are sole proprietor and some are corporations even if AACC Oct 8, 2009 they are small farms. It was suggested that this is the type of issue that the Canadian Federation of Independent Businesses could assist with. FUTURE AGENDA Next Mtg - Cliff Curtis on Recycling Programs Future Mtg- Dennis Yellowlees on Greenbelt Council Future Mtg- Mitch Phinney from MNR on Coyote Kills Moved to Adjourn: Eric Bowman Next Meeting: January 14, 2010 Schedule of 2010 meetings enclosed. AACC Oct 8,2009 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE November 4, 2009, 6:00 P.M. MEETING ROOM 1A 1-5 Present: Elaine Simpson, Vice-Chair Keith Brettell Sylvia Jaspers-F ayer Corine Goodwin Councillor Ron Hooper Absent: David Kelly Sally Barrie Also Present: Patti Barrie, Municipal Clerk Elaine Simpson, Vice-Chair, chaired the meeting in the absence of David Kelly. 1. ADOPTION OF MINUTES Moved by Sylvia Jaspers-Fayer, seconded by Keith Brettell THAT the minutes of the meetings held on October 7,2009 be approved. "CARRIED" 2. PRESENTATION a) Sarah White, Accessibility Experts - Customer Service Standards Sarah White, Accessibility Experts, advised Committee that they had been contracted to assist the Municipality with implementation of the Customer Service Standards of the Accessibility for Ontarians with Disabilities Act. They have worked closely with the staff committee in drafting the policies and procedures required and have provided the legislated training to 211 staff members. Sarah indicated that the Municipality will be compliant with the legislation by January 1, 2010. 3. BUSINESS ARISING FROM MINUTES OF LAST MEETING a) Customer Service Standard The report recommending the adoption of the Customer Service Standard policies and procedures was presented to the General Purpose and Administration Committee on November 2; the final approval will be considered by Council on November 9. Clarington Accessibility Advisory Committee b) Accessibility Challenqe - 2 - November 4, 2009 Patti Barrie is still attempting to follow up with Clarington Central Secondary School. c) Accessibility Awareness Expo 2010 Elaine Simpson and Patti Barrie attended a meeting of the Accessibility Chairs where planning of this event was discussed. The Regional Municipality of Durham is taking a lead role in organizing the day. Work is ongoing in contacting vendors to set up displays. The next meeting will be held in January 2010. d) Plan Review Checklist Patti Barrie will contact the City of Oshawa to determine if they have a checklist which is used in reviewing site plans. 4. NEW BUSINESS a) Correspondence from Pat Madill, Reqional Clerk. Reqional Municipality of Durham - Hiqhway 407 East Completion Draft Environmental Assessment Report 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 Environmental 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; Clarington Accessibility Advisory Committee - 3 - November 4, 2009 AND FURTHER THAT a copy of this resolution be forwarded to the area municipalities." Moved by Keith Brettell, seconded by Sylvia Jaspers Fayer THAT the resolution of the Regional Municipality of Durham regarding the widening of Highway 401 from Salem Road to Brock Street in the Towns of Ajax and Whitby be endorsed. "CARRIED" The Committee requested that information pertaining to the Highway 407 be brought forward for the next meeting. b) Correspondence from Lisa Janveaux, Community Advantaqe Rehabilitation Inc. - "Deaf Child Siqn" Further information pertaining to this matter will be included on the agenda for the next meeting. 5. OTHER BUSINESS Information pertaining to accessibility of campaign offices for the upcoming municipal election, as drafted by the Association of Municipal Managers, Clerks and Treasurers of Ontario, was circulated and members were requested to forward any comments to Patti Barrie. 6. DATE OF NEXT MEETING The next meeting will be held on December 2,2009 at 6:00 p.m. in Committee Room 1A. 7. ADJOURNMENT Moved by Keith Brettell, seconded by Corine Goodwin THAT the meeting be adjourned. "CARRIED" The meeting adjourned at 7:40 p.m. Chair Secretary Clarin~.011 EIlUgizillg Olllario C REPORT #1 REPORT TO COUNCIL MEETING OF NOVEMBER 23, 2009 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, NOVEMBER 16, 2009 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-032-09 MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2009 (b) ESD-013-09 MONTHLY RESPONSE REPORT - OCTOBER, 2009 (c) COD-067 -09 INFORMATION REPORT - BROADBAND EXPANSION (d) FND-030-09 FINANCIAL UPDATE AS AT SEPTEMBER 30TH, 2009 (e) FND-031-09 REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - SEPTEMBER 2009 (f) Verbal CONFIDENTIAL CAO VERBAL REPORT TO ADDRESS LITIGATION OR POTENTIAL LITIGATION 2. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 29, 2009 THAT Report PSD-107-09 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 29, 2009 for applications A2009-0040 through A2009-0043 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TE MPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 - 2 - November 23, 2009 3. MINOR VARIANCE TO SIGN BY-LAW 97-157 APPLICANT: SULLIVAN & CO. CHARTERED ACCOUNTANT THAT Report PSD-108-09 be received; THAT the application for Minor Variance to the Municipality of Clarington Sign By-law 97-157, submitted by Sullivan & Co. Chartered Accountant, to permit a reduction in required setback from a road allowance from 1 metre to 0.45 metres, and to reduce the required sight triangle from 3 metres by 3 metres to 3 metres by 0.75 metres to accommodate a permanent ground sign, be approved; and THAT all interested parties listed in Report PSD-1 08-09 and any delegations be advised of Council's decision. 4. RELEASE OF OFFICIAL PLAN REVIEW DISCUSSION PAPER ONE "LET'S HAVE A DISCUSSION...IMPROVING OUR BUILT ENVIRONMENT AND THE PLANNING PROCESS" THAT Report PSD-109-09 be received for information; and THAT the Region of Durham and all interested parties listed in Report PSD-1 09-09 be advised of the release of the Discussion Paper. 5. REZONING OF PORTION OF RONA LANDS FROM "ENVIRONMENTAL PROTECTION EXCEPTION (EP-2) ZONE" TO "SPECIAL PURPOSE COMMERCIAL (C-5) ZONE" THAT Report PSD-110-09 be received; THAT the Zoning By-law contained in Attachment 2 to Report PSD-110-09, with respect to the rezoning of a portion of the RONA site from "Environmental Protection Exception (EP-2) Zone to "Special Purpose Commercial (C-5) Zone", be passed; and THAT all interested parties listed in Report PSD-11 0-09 and any delegations be advised of Council's decision. 6. 3RD QUARTER PARKING REPORT THAT Report CLD-025-09 be received; and THAT a copy of Report CLD-025-09 be forwarded to the Bowmanville Business Centre for their information. Report #1 - 3 - November 23,2009 7. DARLINGTON SPORTS CENTRE RENOVATION PRE-PURCHASE OF ICE PLANT THAT Report COD-066-09 be received; THAT the competitive bidding requirements of the Purchasing By-law be waived; THAT the Manager of Purchasing be authorized to invite submissions from selected manufacturers for the supply and installation of the required ice plant equipment required for the renovation of the Darlington Sports Centre; THAT the resulting bid submissions be assessed and awarded by the Purchasing Manager in consultation with Community Services and incorporated into the public tender to be issued for the renovations to the Darlington Sports Centre; and THAT the final renovation tender for the Darlington Sports Centre be reported to Council for award. 8. CL2009-20, HIGH STREET, FIRST STREET, THIRD STREET, AND FOURTH STREET RECONSTRUCTION THAT Report COD-068-09 be received; THAT Eagleson Construction, Millbrook, Ontario, with a total bid in the amount of $1,602,296.33 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2009-20, be awarded the contract for High Street, First Street, Third and Fourth Street Reconstruction as required by the Engineering Department; THAT funds required in the amount of $2,165,790.57 (which includes $1,602,296.33 for tendering, design contract administration and contingencies) be drawn from the Accounts as follows: Department and Account Number: Engineering Department - Capital Budget 2009 High Street Road Construction Account # 110-32-330-83332-7401 $604,000.00 2008 Third Street Road Reconstruction Account # 110-32-330-83331-7401 $13,000.00 2009 Asphalt Rehabilitation - First, Third, Fourth & High Street Account # 110-32-330-83212-7401 $505,000.00 George Reynolds Drive Servicing Accou nt # 110-50-130-85002-7401 $87,000.00 Regional Municipality of Durham Sanitary Sewer and Appurtenances $430,712.70 Report #1 - 4 - November 23, 2009 Watermain and Appurtenances $526,077.86 $2,165,790.57 THAT the tender award be subject to the approval of the Regional Municipality of Durham for Regional Infrastructure; and THAT the By-law attached to Report COD-068-09, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved, 9. SERVICE FEE AMENDMENTS THAT Report FND-032-09 be received; THAT the implementation of the new service fees and the increase in fees addressed in Report FND-032-09 be approved; and THAT the by-laws attached to Report FND-032-09 as Schedule B be approved. 10. CODE OF CONDUCT FOR COUNCIL MEMBERS THAT Report CAO-010-09 be received; and THAT the By-law attached to Report CAO-010-09, with respect to Council Member Code of Conduct, be approved. 11. PRESENTATIONS: PAMELA LANCASTER - CWHLFP PHIL MEAGHER - LONG TERM TRANSIT STRATEGY FOR DURHAM REGION SHEILA HALL - ECONOMIC UPDATE THAT the presentations of Pamela Lancaster, Phil Meagher and Sheila Hall be accepted with thanks. 12. DELEGATION - RICHARD WARD, REGARDING DEFERRAL OF THE TAXES PENDING AN INVESTIGATION TO JUSTIFY THAT the delegation of Mr. Richard Ward be received with thanks. 13. REQUEST FOR PHYSICIAN RECRUITMENT UPDATE THAT the Clerk's Department contact Sheila Hall, Clarington Board of Trade, and request an update to Council on physician recruitment. Report #1 - 5 - November 23, 2009 14. RFP2009-12 - LEASING/OPERATION OF PRO-SHOPS IN MUNICIPAL RECREATION CENTRES THAT Report COD-069-09 be received; THAT the proposal from On the Edge Skate Sharpening be accepted for the leasing of the space available at Garnet B. Rickard Recreation Complex and South Courtice Arena, for a two year term with the option to renew for an additional 5 years pending satisfactory terms for both sides; THAT the Evaluation Committee be authorized to proceed with negotiations for a lease agreement with On the Edge Skate Sharpening on behalf of the Municipality of Clarington to the satisfaction of the Municipality; THAT the Evaluation Committee be authorized to negotiate with Legends New & Used Sporting Goods for South Courtice Pro-shop, as the alternate proponent should negotiations with On The Edge Skate Sharpening fail to produce an acceptable lease agreement; and THAT the By-law, attached to Report COD-069-09, marked Schedule "C", be approved authorizing the Mayor and the Clerk to execute the lease agreement which is satisfactory to the Municipality. STAFF REPORT III Cl!J!.#1gton REPORT CHIEF ADMINISTRATIVE OFFICER Meeti ng: COUNCIL Date: Monday, November 23, 2009 Report #: CAO-011-09 File: By-law #: Subject: FEES FOR SPECIAL EVENTS Recommendation It is respectfully recommended to Council the following: 1 . THAT Report CAO-O 11-09 be received for information. J ,,I, .~. Submitted by~ f--ZL/~-CY.~(:~ V\; Franklin Wu M.A.O.M Acting Director of Operations Q. ~-' Reviewed b ( . f-e\..JJQ~ ~.fk Franklin Wu M.A.O.M Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717 REPORT NO.: CAO-011-09 PAGE 2 Report 1. At its meeting held on November 9,2009, Council deliberated the issue of whether or not to waive fees for special events and referred the matter to the CAO for further information and to report back at the next Council meeting. 2. Based on the discussion held at the Council meeting, staff has generated the attached spreadsheet breaking down the municipal costs associated with each community event. Please note that all costs are related to overtime. There is no charge if works are performed during regular work hour. 3. The estimated saving based on the cost cutting recommendations as approved by Council on August 31, 2009 was $5,000 for the balance of 2009, The total based on the detailed breakdown is $6,635.12. 4, Should Council choose to waive any the service charges for any or all of these events, the Municipality will have to carry this deficit forward to the 2010 budget. In the event Council wishes to debate the issue or perhaps consider reversing its previous decision, the advice of the Clerk should be sought for the need of a reconsideration motion. MAN EVENT DATE HOURS LABOUR EQUIP TOTAL INVOLVEMENT COMMENTS Not invoiced - insufficient time to notify Orono Fair Parade 12-Sep 6 $ 299.13 $ 28.80 $ 327.93 Road Closure change in policy. Not invoiced - insufficient time to notify Terry Fox Run 13-Sep 16 $ 1,063.58 $ 67.20 $ 1,130.78 Road Closures change in policy. Not invoiced - insufficient time to notify Orono Chili Cook Off 26-Sep 12 $ 598.26 $ 68.40 $ 666.66 Road Closure chanqe in policv. Invoiced - not paid. Previous year's cost was approx. double to include garbage cleanup. Volunteers used in Newcastle Fallfest 3-0ct 12 $ 598.26 $ 68.40 $ 666.66 Road Closures 2010 Invoiced - payment rec'd. Previous year's cost was approx. triple to include garbage cleanup. Volunteers used in Applefest 17 -Oct 12 $ 598.20 $ 68.40 $ 666.60 Road Closures 2010 Estimated / to be invoiced at actual Bow Santa Parade Nov 16 $ 797.69 $ 91.20 $ 888.89 Road Closures costs Staff to open MAC for Rogers Cable Bow Santa Parade Nov 3 $ 125.21 $ - $ 125.21 Blda Services hook up Estimated / to be invoiced at actual New Santa Parade Nov 16 $ 1,063.58 $ 91.20 $ 1,154.78 Road Closures costs. Double time for Sunday parade. Holiday Train Dec 8 $ 295.40 $ 45.60 $ 341.00 Road Closures Estimated 2 staff 4 hrs/each. Estimate based on road closure only. Invoice may include additional for garbage / clean up. To be invoiced at Moonlight Madness Dec 12 $ 598.20 $ 68.40 $ 666.60 Road Closures actual costs. Total: $ 6,635.12 Labour costs include an additional 35% to cover Health Benefits, Employer Health Tax, OMERS, CPP, EI, WSIB and Vacation. STAFF REPORT #2 Uaringro. u lAifttfl"111hfi Way REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: November 23,2009 Report #: CLD-026-09 File #: By-law #: Subject: COMPLIANCE AUDIT - JOHN MUTTON RECOMMENDA TIONS: Itis respectfully recommended: 1. THAT Report CLD-026-09 be received; 2. THAT Council provide direction with respect to the compliance audit report; and 3. THAT John Mutton, Don and Cynthia Prout, George Van Dyk and Sean Keane be advised of Council's decision. Submitted by: ..' / -l ~ I..' fl*7'?>!J -"(:~7J.., }It/,,-A.-{~ Pattl-E sarrre~ C MO MunicipafClerk d I-t;v-eY -'= 0-~_ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*AG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLD-02~-09 Page 2 of 2 1.0 BACKGROUND AND COMMENT At the Council meeting held on October 5,2009, Council passed a resolution to appoint Bernard G. Nayman, Chartered Accountant and Licensed Public Accountant to perform a second compliance audit on the 2006 John Mutton Mayoral Campaign election finances. The audit report was received by the Municipal Clerk on November 17, 2009; a copy of the complete report is attached hereto as Attachment NO.1. Bernard Nayman will be in attendance at the Council meeting to present his findings. Section 81 (10) of the Municipal Elections Act, 1996, states: "The councilor local board shall consider the report within 30 days after receiving it and may commence a legal proceeding against the candidate for any apparent contravention of a provision of this Act relating to election campaign finances." Accordingly, Council's direction with respect to the compliance audit is required. For Council's information, Attachment NO.2 to this report outlines the penalties contained within the Municipal Elections Act, 1996 Attachment NO.1 to Report CLD-026-09 Clarington 2006 Municipal Election Municipal Election Finances Compliance Audit Confidential CANDIDA TE JOHN MUTTON COMPLIANCE AUDIT REPORT TO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BERNARD NA YMAN, Chartered Accountant and Licensed Public Accountant November 17, 2009 Bernard Nayman, CA., 1110 Finch Ave. W., Suite 710, Toronto, ON, M3J 2T2 Table of Contents Pages 1.0 Introduction 1 2,0 Summary of Applicant Complaints 2 3.0 Audit 5 PART I - Contributions 5 Legislative References Findings Associated Contributors Ineligible Contributions Technical Reporting Errors Contributions from the Candidate - John Mutton 5 6 6 6 8 8 PART II - Expenses Legislative References Findings Signs Voting Day Party / Appreciation Notices Other Matters 10 10 11 11 11 12 PAR T III - Municipality of Clarington Advertising Municipality Communications Infrastructure 12 13 14 4.0 Review of Applicant Complaints and Audit Findings 16 5,0 Audit Report 19 Appendix 1 - Revised Statement of Income and Expenses 20 Appendix 2 - Summary of Apparent Contraventions 21 Appendix 3 - List of Mayors Corner Articles 22 Appendix 4 - Note on Form 5 Issue 23 Page 11 1.0 INTRODUCTION On November 13, 2006 a municipal election took place in the Municipality of Clarington where John Mutton (incumbent) ran as a Mayoral candidate. Presented in Table 1 are the Mayoral election results. The information from Table 1 shows that John Mutton attained 26.46% of ballots cast for the Mayoral election in 2006. Table 1: Mayoral Election Results Mayoral Candidate's Votes 0/0 Jim Abernethy 11204 49.68 John Mutton 5968 26.46 Jim Schell 4596 20.38 Richard Ward 495 2.19 Wayne Chaskavich 291 1.29 22554 100 On June 13t\ 2007, the Municipal Clerk, Municipality of Clarington, received a letter requesting a municipal election finances compliance audit of the John Mutton campaign. The applicants for the compliance audit were Luke Prout, Cynthia Prout, John Thompson, Sean Keane and George Van Dyk. The application was made exactly 73 days after the filing date of March 31, 2006 and is therefore in compliance as per section 81 (2) of the Municipal Elections Act, S.O, 1996 ("the Act"). A compliance audit was performed, but for a number of reasons was found to be technically flawed. The compliance audit was deemed to not meet the requirements of a compliance audit by the Ontario Institute of Chartered Accountants. On September 3, 2009, Bernard Nayman, C.A. was invited to submit an estimate of services for the performance of a compliance audit on the 2006 John Mutton Mayoral Campaign election finances. An estimate of services was submitted on September 6, 2009. Bernard G. Nayman, Chartered Accountant and Licensed Public Accountant was subsequently awarded the contract for the respective compliance audit work. Page I 2 2.0 SUMMARY OF APPLICANT COMPLAINTS 1. Individual contribution limits appear to have been exceeded. Schedule 1, Part II (List of Contributors> $100.00) of FORM 5 (the campaign return) shows 26 donations originating from duplicate addresses, The applicants believe that some of these contributors may be associated. If associated their cumulative contribution amount as a single contributor cannot exceed the limit of $750.00. 2. Possible Campaign Expense Recognition Issues: A. Inventory from the candidate's past 2003 campaign used in the candidate's 2006 campaign may not have been reported properly as an expense on the candidate's 2006 campaign return (FORM 5). Furniture ($1,177.00) and Sign Stakes ($250.00) were reported, however the applicants show a picture of banners hanging from the candidate's 2006 campaign office that were from 2003 campaign. The applicants also state that "approximately half of all road signs were from the prior election, and in many cases "Elect" was covered by a sticker that said "re-elect"". B. The candidate's campaign return reports that $6,587 was paid for the voting day party (an expense not subject to the limit). The complainants suggest that this number is high and that perhaps some of the expenses were not for the voting day party. C. Determine whether the alleged "Clarington, Leading the Way" banner at the back of the 2006 campaign office was purchased using campaign funds. 3. Use of Municipal Resources and Campaign Expense Recognition. (a) It is alleged that the "Mayor's Corner" (a smaller part of a larger full page advertisement purchased by the municipality) which ran in several local newspapers throughout the campaign period promoted the candidate and should therefore be recognized as a contribution from the municipality, Page I 3 (b) It is alleged that the municipality paid for TV advertising during the campaign period which included appearances of the incumbent Mayor and that this promotes the candidate and should be viewed as a contribution to the candidate's campaign. (c) It is alleged that the municipality's website promoted the incumbent Mayoral candidate during the campaign period and that this should be viewed as a contribution to the candidate's campaign. (c) It is alleged that the incumbent Mayoral candidate used municipal communications infrastructure resources such as phone, email, and fax to promote this campaign and that this should be viewed as a contribution to the candidate's campaign. 4. Fate of Campaign Capital Assets Post Campaign. The applicants state that "It doesn't seem fair that computers and the like bought with elections money (from 2003 election) suddenly end up in someone's den and drop off the face of the earth". 3.0 AUDIT As provided for in the Municipal Elections Act, R.S.O, 1996 (the Act), section 81 (6) the auditor "shall promptly conduct an audit of the candidate's election campaign finances to determine whether he or she has complied with the provisions of this Act relating to election campaign finances and prepare a report outlining any apparent contravention by the candidate." During the performance of the audit program any further financial information or details that may be discovered which reveal apparent contraventions to the Act relating to campaign finances shall be reported accordingly. Page I 4 PART I - CONTRIBUTIONS LEGISLA TIVE REFERENCES The following sections of The Municipal Elections Act, R.S.O 1996 (the Act) form the interpretive framework for the audit of contributions as presented in this report. Section 66(1) - Contributions - defined For the purposes of this Act, money, goods and services given to and accepted by or on behalf of a person for his or her election campaign are contributions. Section 69(1) - Candidate's duties (m) A contribution of money made or received in contravention of this Act is returned to the contributor as soon as possible after the candidate becomes aware of the contravention (n) a contribution not returned to the contributor under clause (m) is paid to the clerk with whom the candidate's nomination was filed; (k) financial filings are made in accordance with section 78. Section 70(3) - Who may contribute Only the following may make contributions: 1. An individual who is normally resident in Ontario 2. A corporation that carries on business in Ontario 3. A trade union that holds bargaining rights for employees in Ontario. 4. Subject to subsection (5), the candidate and his or her spouse. Section 71(1) - Contributions - not to exceed $750.00 A contributor shall not make contributions exceeding a total of $750 to anyone candidate in an election. Section 71(3) Contributions -limits - exception Subsection (1) and (2) do not apply to contributions made to candidate's own election campaign by the candidate or his or her spouse. Section 72 - Associated corporations - defined For the purpose of sections 66 to 82, corporations that are associated with one another under section 256 of the Income Tax Act (Canada) shall be deemed to be a single corporation. Associated corporations For the purpose of the Income Tax Act, one corporatlon is associated with another in a taxation year if, at any time in the year, (a) one of the corporations controlled, directly or indirectly in any manner whatever, the other; (b) both of the corporations were controlled, directly or indirectly in any manner whatever by the same person or group of persons. Section 78 (1) - Financial Statement - auditor's report On or before 5 p.m. on the filing date, a candidate shall file with the clerk with whom the nomination was filed a financial statement and auditor's report, each in the prescribed form, reflecting the candidate's election campaign finances. Page I 5 FINDINGS Associated Corporations The corporations noted in Table 1 are associated as indicated by respective grouping pursuant to section 72 of the Act and are deemed to be one corporation. Pursuant to section 71 (1) the limit on contributions has been exceeded. This is an apparent contravention of the Act. The contribution amount which has exceeded the individual limit for contributions to the 2006 John Mutton campaign have not been returned to the contributor or paid over to the Municipal Clerk pursuant to section 69(1 )(m, n) of the Act. This is an apparent contravention of the Act. Ineligible Contributors Pursuant to Section 70(3) the contributors identified in Table 2 do not appear to meet the definition of an eligible contributor. This is an apparent contravention of the Act. The ineligible contributions received by the 2006 John Mutton campaign have not been returned to the contributor or paid over to the Municipal Clerk pursuant to section 69(1 )(m, n) of the Act. This is an apparent contravention of the Act. Note 1: "Marianna Developments" is a division of Veltri & Son Ltd., the contribution should be reported as originating from Veltri & Son Ltd. Note 2: The "Phil/Elizabeth Litowitz" contribution appears to be a mistake in reporting of the contribution source. Only one of these two individuals can make a contribution. Page I 6 Table 1: Associated Corporations Total Exceeded Group Associated Corporations Contributions Amount 1 Far Sight Investments Limited $1,500.00 $750.00 King's Bay Golf and Country Club Inc. 2 Gay Company Limited $1,500.00 $750.00 H.L. Gay Family Homes Ltd. 3 Mansouri Group Inc. $2,250.00 $1,500.00 Montglen Properties Inc. Baysong Developments Inc. 4 Clarnew Developments Inc. $1,500,00 $750.00 Dunbury Homes (Newcastle) Ltd. 5 St. Mary's Cement Corporation $1,500.00 $750.00 Hutton Transport Ltd, 6 Duffin Farms Ltd $800.00 $50.00 Moco Farms Ltd Mocor Inv. Ltd Towerhill Development (Barrie) Ltd. Melody Homes ( Barrie) Ltd. Melody Homes (Brooklin) Nordeagle Developments Ltd. Fairview Estates Towerhill Total $9,050.00 $4,550.00 Table 2: Ineligible Contributors Total Contributor Contributions Panoz Motor Sports $ 750.00 Marianna Developments (see Note 1) $ 750.00 Durham Region Heavy Construction Assoc. $ 300.00 Phil/Elizabeth Litowitz (see Note 2) $ 750.00 Total $2,250.00 Page I 7 Technical Reportine; Errors Table 3: Contributor Name Reporting Errors Incorrect Contributor Name Correct Name BBA Barry+ Bryan Assoc, (1991) Ltd. Wilmot Creek Ridge Pine Park Inc. Syvan Developments Syvan Developments Ltd. The contributors listed in Table 3 above were reported incorrectly. This is considered a technical error in the listing of contributors' names and not apparent contraventions. Contributions from the Candidate - John Mutton As per John Mutton's filed 2006 campaign financial statement (Form 5) the following contributions were made by John Mutton: 250 sign stakes at a value of $1.00 per stake $ 250.00 Furniture for campaign office $ 1,177.00 Although the calculation for the valuation of furniture used by the campaign employs some ambiguities, there is agreement in that the amount reported does represent the rental value of the furniture at the time and in the market in which the furniture was used. Therefore there is no contravention of the Act. Further contributions were discovered which were not disclosed on the respective filed Form 5: Payment of large signs and magnetic car signs, and decals $ 3,279.78 Two banners brought forward from previous election (Valued at replacement value) $ 580.00 100 Small Signs + 20 Large Signs from previous election inventory $860,00 Page I 8 Two hundred large signs, six magnetic car signs, 100 small and 20 large "re-elect decals" were purchased by the candidate for the candidate's campaign. Two banners, from a previous John Mutton campaign, were placed at the front of the campaign office at 54 King Street East in Bowmanville. The estimated current market value for these two banners is $580.00. As noted above, 100 small and 20 large "re-elect" decals were purchased by the candidate for the candidate's campaign. It is assumed that "re-elect" stickers would be purchased with the intent of applying them to older campaign signs which do not bear the words "re-elect". It is assumed that 100 small and 20 large stickers would be purchased for use on approximately 100 small and 20 large campaign signs. The 2006 current market value of 100 small signs and 20 large signs is $860.00. A record of the contributions (new signs, magnetic car signs, decals, used banners and signs from an previous campaign) by the candidate to the candidate's campaign was not kept by the candidate. This represents an apparent contravention of section 69(1 )(f)(i-iv) of the Act. The submitted campaign financial statements did not report this contribution and therefore failed to reflect the candidate's election campaign finances. This represents an apparent contravention to sections 69(1)(k) and 78(1) of the Act. Page I 9 PART II - EXPENSES LEGISLA TIVE REFERENCES The following are sections of the Municipal Elections Act, R.S.O 1996 ("the Act") which are considered as the interpretive framework for the audit of expenses as presented in this report. Section 67(1) - Expenses - defined For the purposes of this Act, costs incurred for goods or services by or on behalf of a person wholly or partly for use in his or her election campaign are expenses. Section 67(2) - Expenses - rules Without restricting the generality of subsection (1), the following amounts are expenses: 1. The replacement value of goods retained by the person from any previous election and used in the current election. 2. The value of contributions of goods and services. Section 66(3) - Contributions - value of goods and services The value of goods and services provided as a contribution is, (a) if the contributor is in the business of supplying these goods and services, the lowest amount the contributor charges the general public in the same market area for similar goods and services provided at or about the same time; . (b) If the contributor is not in the business of supplying these goods and services, the lowest amount a business providing similar goods and services charges the general public for them in the same market area or about the same time. Section 69(1) - Candidate - duties A candidate shall ensure that: (a) one or more campaign accounts are opened at a financial institution, exclusively for the purpose of the election campaign and in the name of the candidate's election campaign. (c) all payments for expenses except for a nomination filing fee, are made from the campaign account. Section 66(2)(2)(i) - Contributions - rules The following amounts are not contributions: (i) the value of services provided by voluntary unpaid labour. Section 76(5) Expenses - maximum -exception Subsection (4) does not apply in respect of expenses described in paragraphs 3 to 9 of subsection 3 to 9 of subsection 67(2). Page I 10 FINDINGS Sie:ns Table 4 below identifies sign expenses that were not previously reported on the candidate's 2006 campaign financial statement (Form 5). Table 4. Un-reported sign expenses Expense # Expense Description Amount 1 The purchase of large signs, magnetic car signs and re-elect decals. $3,279,78 2 Banners brought forward from previous election $580.00* 3 100 small signs and 20 large signs from previous election $860.00 *Estimated, based on vendor quotes for similar product. Transaction # 1 noted in Table 4 above is an apparent contravention of section 69(1)(c) of the Act since this expense was not paid out of the candidate's bank account. The submitted campaign financial statements did not report the expense transactions noted in Table 4 above and therefore failed to reflect the candidate's election campaign finances. This represents an apparent contravention to sections 69( 1 )(k) and 78(1) of the Act. The candidate did not keep a record of the expenses noted in Table 4 above. This represents an apparent contravention of section 69(1 )(g) of the Act. Votine: Dav Party / Appreciation Notices Table 5 below lists the expenses which comprise the $6,587.50 expense for Voting Day Party / Appreciation Notices as reported on the candidate's 2006 campaign financial statements (Form 5): Table 5: Form 5 - Summary of Breakdown of Voting Day / Appreciation Notices Expense # Expense Description Amount Catering costs for e-day party $1,087.50 Salary paid to attendant $1,000.00 Rent $2,000.00 Payments to election staff ($500.00 gift cards) $2,500.00 TOTAL $6,587.50 Page III After careful consideration of these expenses, the following expense allocation changes were made: A. Rent as reported should be $500.00 in this expense category (not subject to the limit). The remaining $1,500.00 in rent expense is to be considered as rent (subject to the limit) for the premises during the campaign period. B. The $2,500.00 payment to election staff should be categorized as salaries (subject to the limit) rather than a voting day party expense (not subject to the limit). On election day (or shortly thereafter) several un-paid volunteer election staff received $500.00 gift cards redeemable at a consumer electronic retail store. The total amount paid to various volunteer staff was $2,500.00, The names of all of the gift card recipients could not be provided by the candidate. Considering the near-cash nature of the gifts, the cost of the cards should be reported as a salary expense (subject to the maximum expense limit) and not as a volunteer gift (not subject to the maximum expense limit). The changes noted above (item A and B) have the effect of increasing the campaign expenses subject to the limit by $4,000.00. Due to the mis-categorization of expenses, the submitted campaign financial statements failed to reflect the candidate's election campaign finances correctly. This represents an apparent contravention to sections 69( 1 )(k) and 78(1) of the Act. Other Matter An amount of $361.67 was received during the campaign period by the candidate's campaign. This amount represents vendor refunds from the 2003 101m Mutton Mayoral Candidate Campaign. This amount was deducted from office expenses. This amount should be reported as "other income" on Form 5 and not deducted from office expenses. This has the effect of reducing campaign expenses subject to the limit. This income does not meet the criteria of a campaign expense. Due to this incorrect income recognition the submitted campaign financial statements failed to reflect the candidate's election campaign finances correctly. This represents an apparent contravention to sections 69(1)(k) and 78(1) of the Act. Page 112 PART III - MUNICIPALITY OF CLARINGTON RESOURCES LEGISLA TIVE REFERENCES The following are sections of the Municipal Elections Act, R.S.O 1996 ("the Act") which are considered as the interpretive framework for the audit of expenses as presented in this report. Section 70(4) Contributions - who may not contribute For greater certainty, and without limiting the generality of subsection (3), the following shall not make a contribution: 1. A federal political party...... ...... ......... .... ......... ... 2. A provincial political party.. . ... .. . .. . ... .. . .. . ... ... . ... .. . . , .. . 3. The Crown in right of Canada or Ontario, a municipality or local board. ADVERTISING During the 2006 campaign period the Corporation of the Municipality of Clarington (the Municipality) contracted for full page advertisement placement in each of the following local newspapers publications: the Orono Times and the Canadian Statesman. The full page advertisement was generally employed for the publication of notices and other matters of interest to the community. This page also contained articles by the incumbent candidate, Mayor John Mutton, with his picture and sometimes with his name as well as his picture. Mayor John Mutton would. sign off / approve the copy of all "Mayor's Corner' articles published during the campaign period. Fourty five Mayor's Corner articles were published during the campaign period. These articles were examined during this audit. Most of the articles dealt with events and other information of interest to the community. After much consideration the criteria listed below were used to determine if the incumbent candidate's approved "Mayor's Corner" articles supported his campaign. If any of the criteria below were met, the article was deemed to have supported the campaign and be a campaign expense. a. Article topics that were forward looking (in support of future initiatives). (ex., an article presents how the (future) nuclear build in Clarington is going to bring significant benefits in terms of employment, while in parallel the candidate's paid advertisement promotes the candidate having "solidified Clarington as the preferred site for a new Nuclear Generating Station". Page 113 b. Article topics that were presented as a promotion or defense of the incumbent candidate performance / track record. (ex., an article states that "Clarington's net levy per capita is the 1 oth lowest", and the Mayors campaign paid advertisements state "10th lowest taxes in Ontario". ). c. Article topics which were promoted in parallel on the incumbent candidate's advertisement paid for by the incumbent candidate campaign. (ex., an article identifies the importance of supporting the agricultural sector as being important, while showing "increased agricultural growth" in the candidate's paid campaign advertising). d. Article topics that were presented as important issues by other candidates. (ex., other candidates focus on the municipality's fiscal imbalance as an issue, the Mayor's Corner presents a dialogue regarding the issue several times), It was determined that ten of the fourty five articles dealt with issues of a political nature and wholly or lliilllY promoted the candidate with the candidate's knowledge and consent (see section 67(1) of the Act). These articles are listed in Appendix 3. The cost of advertising for the 10 articles is estimated to be $2,567.00. The submitted campaign financial statements did not report these expenses and therefore failed to reflect the candidate's election campaign finances, This represents an apparent contravention to sections 69(1 )(k) and 78( 1) of the Act. The Municipality, in contract with CHEX (a local television station), broad casted four video produced segments during the campaign period. Incumbent candidate Mayor John Mutton appeared in these broadcast videos. Each of these appearances was approximately five minutes in length. After careful review of the content of each video, they were deemed to be devoid of political content and did not promote the candidate during the campaign period. MUNICIP ALITY COMMUNICATIONS INFRASTRUCTURE During the 2006 campaign period, incumbent candidate Mayor John Mutton made use of the municipality's communications infrastructure for political purposes in the following ways: 1. Office telephone - The office telephone number was printed on the candidate's literature. Page 114 2. Municipality's fax - A fax was sent out asking for contributions to the candidate's campaIgn 3. E-mail- this mayor's municipal email address was printed on campaign advertisements / literature. 4. Political legal advice. The estimated cost for the use of these services is $500.00. Political advertising and usage of Municipality's infrastructure would constitute a contribution to the 2006 John Mutton campaign. However section 70(4) of the Act states that a municipality may not contribute to a candidate's campaign. Therefore Mr. Mutton's campaign should report a payable to the municipality in the amount of$3,067.00 ($2,567.00 for Mayor's Corner advertisements + $500.00 for use of communications infrastructure). The submitted campaign financial statements did not report these expenses and therefore failed to reflect the candidate's election campaign finances correctly. This represents an apparent contravention to sections 69(1 )(k) and 78(1) of the Act. Page 115 4.0 REVIEW - APPLICANT COMPLAINTS AND AUDIT FINDINGS The applicants suspected that, because contributors reported on Schedule 2, Part 2, of Form 5 shared similar addresses, perhaps associated contributors existed and contribution limits for individual contributors may be been exceeded. The compliance audit has revealed that 19 contributors to the 2006 John Mutton Campaign are associated into 6 corporate groupings. The applicants suspected that inventory from the candidate's 2003 mayoral campaign were used in the 2006 campaign and the expenses for these inventory items were not reported in the 2006 campaign return (Form 5). As a result of the compliance audit, evidence was provided that banners from the candidate's 2003 mayoral campaign were used in the candidate's 2006 campaign and that the cost of these banners were not reported on the 2006 mayoral campaign return (Form 5). The applicants claim that they observed the placement, throughout the community, of older John Mutton campaign signs with "re-elect" stickers applied to them. As a result of the compliance audit, evidence (not previously disclosed) showed that the 2006 John Mutton Campaign purchased 100 small and 20 large re-elect stickers. It was assumed that 100 small signs and 20 large signs from an older John Mutton campaign were used in the 2006 John Mutton campaign. The contribution and cost of the use of these signs were not reported on the 2006 mayoral campaign return (Form 5). The applicants suspected that the $6,587.00 amount reported as Victory Day Party / Appreciation Notices on the candidate's 2006 campaign return was too high and that this amount might include expenses improperly allocated to this category, As a result of the compliance audit, $4,000.00 in expenses were determined as improperly allocated to this expense category. The applicants alleged that the John Mutton 2006 campaign used a Municipal "Clarington, Leading the Way" banner at the back of the 2006 John Mutton campaign office and that costs for this item was not reported on the campaign return. No evidence was provided during the audit which could confirm the use of the alleged banner, so no banner was deemed to have been used. Page 116 The applicants alleged that the "Mayor's Comer" advertisement paid for by the Municipality during the campaign period did promote the candidate and therefore the costs for these advertisements should be reported as campaign expenses of the 2006 John Mutton Campaign. As a result of the compliance audit, 10 "Mayor's Comer" articles were deemed as promoting the candidate and that the costs for these advertisements are construed as "for use" in the 2006 John Mutton Campaign. The applicants allege that TV advertising paid for by the Municipality which included appearances of the incumbent candidate Mayor John Mutton promoted the candidate and that the costs for these televised broadcasts should be campaign expenses. As a result of the compliance audit the content of the televised video segments were deemed to not be political in nature and should not be considered as campaign expenses of the John Mutton 2006 campaign. The applicants allege that the Municipal website, paid for by the Municipality, promoted the incumbent candidate Mayor John Mutton during the campaign period and that the cost for this should be a campaign expense. As a result of the compliance audit the content of the 2006 municipal website was deemed to not be political in nature and should not be considered as campaign expenses of the John Mutton 2006 campaign. The applicants allege that 2006 incumbent candidate Mayor John Mutton used municipal communications infrastructure resources such as phone, email, fax and legal advice to promote his campaign and that this should be viewed as a contribution to the candidate's campaign. As a result of the compliance audit, evidence was provided which supported the claim. An estimated value for the cost of using these municipal services for the John Mutton 2006 campaign were calculated and recognized as an expense of the campaign. The applicants stated that "It doesn't seem fair that computers and the like bought with elections money" (from 2003 election) suddenly end up in someone's den and drop off the face of the earth". There does not appear to be a provision in the Act which prescribes the allocation of capital assets or inventory after a municipal campaign has come to an end. The following Table 6 summarizes all of the expenses subject to the limits both new and re- allocated of the campaign. Page 117 Table 6. Summary of Additional Campaign Expenses Subject to the limit not Previously Reported. Ex ense Descri tion Si ns Banners (old inventory) Signs (old inventory) Mis-categorization of ex enses Other matter Munici ality of Clarington TOTAL Ex ense Amount $ 3,279.78 $580.00 $860.00 $ 4,000.00 $ 361.67 $ 3,067.00 $12,068.45 A revised statement of income and expenses giving effect to these changes is provided in Appendix 1. It is to be noted that the total expenses subject to the limits on the revised statement of income and expenses amounts to $52,067.68. The limit on campaign expenses subject to the limit was set at $47,117.20. Exceeding the campaign spending limit is an apparent contravention to section 76(4) of the Act. Page [18 5.0 AUDIT REPORT This Compliance Audit was performed in accordance with Canadian generally accepted auditing standards which require that I plan and perform the audit to obtain reasonable assurance that the information included in the Compliance Audit is presented fairly in all materials respect and in accordance with applicable law. Owing to the inherent limitations of an audit, error, fraud and other irregularities may not be detected by the application of procedures that comply with these standards and with the limitations of the law. This now completes my engagement. I wish to extend my appreciation to the staff of the Municipality of Clarington, Municipal Clerk's office for their co-operation and assistance throughout the period of this Compliance Audit. I also wish to extend my appreciation to Election Finances International Inc. for the excellent research and investigative support provided for this compliance audit. :JgfuI4bmiued. Bernard G. Na~ Chartered Accountant and Licensed Public Accountant Page 119 APPENDIX 1 - REVISED STATEMENT OF INCOME AND EXPENSES BOX E: STATEMENT OF CAMP AlGN PERIOD INCOME AND EXPENSES - REVISED FROM, JANUARY 3, 2006 TO DECEMBER 31, 2006. FOR CANDIDA TE John Mutton INCOME Candidate's Surplus from immediately preceding election released by the clerk.......................................... Contributions (from schedule 1)... Fund-raising Functions (from schedule 2, Part III) ... .... .... ...... Interest incom e... Other (provide full details) Re-imbursement of previous expenses $ 52,394.78 361.67 TOTAL CAMPAIGN PERIOD INCOME A $ 52.756.45 Expenses SubJect to Llrt'Utahon Expenses Excluded &em \.1mrt.atJoo Total EXPENSES Accounting, audit Advertising Bank charges Brochures Fund-raising expenses Interest on loans Inventory contributed to Candidate's campaign (from Schedule 3) Meetings hosted Nomination filing fee Office expense Recount expenses Salaries & benefits Signs Voting day partyl Appreciation notices Other (provide full details) Telephone N/A 12,026.08 2,000.00 2,000.00 12,026.08 7,291.20 N/A NlA N/A 7,291.20 N/A N/A 200.00 2,007.00 4,831 80 200.00 13,248.41 2,007.00 4,831.80 N/A 13,248.41 N/A 2,500 10,193.19 N/A 2,500 10,193.19 2,587.50 2,587.50 N/A TOT AL CAMPAIGN PERIOD EXPENSES 52097.68 4.787.50 B $ 56885.18 EXCESS (DEFlCIENCY) OF INCOME OVER EXPENSES (A-B) C $ (4.128.73) Page I 20 APPENDIX 2: SUMMARY OF APPARENT CONTRAVENTIONS Table 7. Summary of Apparent Contraventions Applicable Sections # Destriction of Apparent Contraventions of the Act CONTRIBUTIONS 1 2 Associated Corporations (See Group 1, Table 1) not reported as single corporation. 71(1), 72 2 2 Associated Corporations (See Group 2, Tab]e 1) not reported as single corporation. 71(1),72 3 3 Associated Corporations (See Group 3, Tab]e 1) not reported as single corporation. 71 (1), 72 4 2 Associated Corporations (See Group 4, Tab]e ]) not reported as single corporation. 71(1), 72 5 2 Associated Corporations (See Group 5, Tab]e 1) not reported as single corporation. 71 (1), 72 6 8 Associated Corporations (See Group 6, Tab]e ]) not reported as single corporation. 71 (1), 72 7 Contribution Limit Exceeded and not returned (See Group 1, Tab]e ]). 69(1 )(m,n) 8 Contribution Limit Exceeded and not returned (See Group 2, Tab]e 1). 69(1 )(m,n) 9 Contribution Limit Exceeded and not returned (See Group 3, Table 1). 69(1 )(m,n) ]0 Contribution Limit Exceeded and not returned (See Group 4, Table]). 69(1 )(m,n) 11 Contribution Limit Exceeded and not returned (See Group 5, Tab]e 1). 69(1 )(m,n) 12 Contribution Limit Exceeded and not returned (See Group 6, Tab]e 1). 69(1 )(m,n) ]3 Inva]id Contribution - Panoz Motor Sports, $750.00 70(3), 69(1)(m,n) 14 Inva]id Contribution - Marianna Deve]opments, $ 750.00 70(3), 69(1 )(m,n) 15 Inva]id Contribution - Durham Region Heavy Construction Assoc" $300.00 70(3), 69(1 )(m,n) 16 Inva]id Contribution - Phil/Elizabeth Litowitz, $ 750.00 70(3), 69( 1 )(m,n) 17 Fai]ure to report contribution of goods - signs, car signs, stickers. $3,279.78 69(1 )(k), 78(1) 18 Failure to keep record of contribution of goods - signs, car signs, stickers. $3,279.78 69(1 )(f)(i-iv) 19 Failure to report contribution of goods - banners from old inventory $580.00 69(1 )(k), 78(1) 20 Failure to keep record of contribution of goods - banners $580.00 69(1 )(f)(i-iv) 21 Failure to report contribution of goods - signs old inventory $860.00 69(1 )(k), 78(1) 22 Failure to keep record of contribution of goods - signs old inventory $860.00 69(1 )(t)(i-iv) EXPENSES 23 Failure to report sign expenses - signs, car signs, stickers - $3,279.78 69(1 )(k), 78(1) 24 Failure to pay for sign expenses from campaign account - $ 3,279.78 69(1)(c) 25 Failure to keep record of sign expenses - $3,279.78 69( 1 )(g) 26 Failure to report sign expenses (use of old sign inventory) - $860.00 69( 1)(k), 7 8( 1) 27 Failure to report banner expenses from old campaign inventory - $580.00 69(1 )(k), 78(1) 28 Improper salary expense categorization in Victory Party category - $2,500.00 69(1 )(k), 78(1) 29 Failure to keep record of salary recipients ($500.00 gift cards). 69( 1 )(g) 30 Improper rent expense categorization in Victory Party category - $1,500.00 69(1 )(k), 78(1) 31 Improper income recognition - $361.67 from 2003 vendor refunds. 69(1 )(k), 78(1) 32 Failure to report Advertising Expenses - Mayors Corner - $2,567.00 69(1 )(k), 78(1) 33 Failure to report cost of Municipal services use as expense. $500.00 69( 1)(k), 78(1) 34 Campaign expenses subject to limit exceeded the limit 7 6(4 ) Page 121 APPENDIX 3 - List of Selected Mavor's Corner Articles # Title / Subject Publication Date 1 Help to our Farmers February 8, 2006 2 Clarington's 2006 Budget March 22, 2006 3 Home Town of Sommer West April 15, 2006 4 Clarington's Financial Stability April 26, 2006 5 2006 Budget - As it pertains to provincial downloaded services May 3, 2006 6 New Nuclear Build Impact on Labour May 17,2006 7 Bill 43 June 19, 2006 8 Provincial -Municipal Fiscal Imbalance August 9,2006 9 Highway 401 Interchanges August 23, 2006 10 New Nuclear Build impact on Labour September 13,2006 Page I 22 ~ APPENDIX 4 - Note on Form 5 Issue A Form 5 layout error occurred and is possibly present on all Form 5 reports submitted to the Corporation of the Municipality of Clarington during this past municipal election. The format of Schedule 1, Part 1 in Form 5 is not correct. Illustrated in Figure 1 below is Schedule 1 Part 1 from John Mutton's 2006 Form 5. The way that this schedule was constructed shows that John Mutton has paid or owes the Municipality of Clarington $47,475.00. This of course is not the case as this amount is actually the summation of all contributions received during the campaign period. Figure 1 - From the submitted Form 5 for John Mutton Campaign. SCHEDULE 1- CONTRIBllTJONS Part 1 -Contributiobs s From cal:h single contribulor totalling morc Ihan S I 00 (unl~ nil complete P,Ht \I) ....... .. .. .., ., . ....... .......... 47,277 00 Less. Returned or payable 10 the conlribuIM... .. ... . ...... .. . Paid or payable to the clc:rk... ,... . .............. C-- u ___J (-.--- ) A 47.27700 ..-- From each single contributor totalling SIOO or less..... ......... 19800 Less ,- Returned or payable: to the contributor................. - Paid or payablt: 10 the: clerk... .. .. ... ................ . L-._. ) '-.. _..._ __....._J 8__~~OC Total contributions frl)m anon)'mous sources........................ ... c Amount of contributions paid or payable co the: clcrk~ A+B+C 47.47:>.00 The correct presentation of Schedule 1, Part I is illustrated in Figure 2 below. In this case there is a summary entry for total contributions to the campaign of$47,475.00, and no money paid to or owed to the Municipality of Clarington. This correct version of the schedule is in conformity with the provincial returns that are filed pursuant to the Election Finances Act, S.O. It is assumed that candidate John Mutton has filed Form 5 as provided by the Corporation of the Municipality of Clarington, Page I 23 - Figure 2 - Correct version of Schedule 1, Part 1. SCHEDULE 1 - ('ONTRIlWTJONS "art t - Contributions Frem each single contributor totalling mort' Than 5100 (unles5 nil completc Part II). 'p'" ""'P'" ....... 47,277 00 Less - Re:turned or payable: to tne contribuTor . .. ........ . ( - Paid 01 payable to the clerk. . , .. _ _ _ A ( ..__J J From each smgle contnoulor totalllOg S I 00 or lcs$..... 19800 Less.. Returned or payabh: to the contributor...,,,.........,,. - Paid or payable: 10 thl: clerk.......... .... ... ..... B '------ . ) C_____.____.___J T oral contribulions .....,.. ........ ..... Total conlTiblltions fn)m anonymous sourcc~ ............... _.......... C Amount of contTibution~ paid or payable to tht: cl~rk; A...O+C $ 47,277 00 19800 47,47~OO Page I 24 Attachment NO.2 to Report CLD-026-09 Excerpts from the Municipal Elections Act, 1996 80. (1) A candidate is subject to the penalties listed in subsection (2), in addition to any other penalty that may be imposed under this Act, if, (a) he or she fails to file a document as required under section 78 by the relevant date; (b) a document filed under section 78 shows on its face a surplus, as described in section 79, and the candidate fails to pay the amount required by section 79 to the clerk by the relevant date; or (c) a document filed under section 78 shows on its face that the candidate has incurred tlKpenses exceeding what is permitted under section 76. 1996, c. 32, Sched., s. 80 (I); 2002, c. 17, Sched. D, s. 31 (I). Same !1.) The following penalties apply: 1. In the case of the defaults described in clauses (1) (b) and (c), i. the candidate forfeits any office to which he or she was elected and the office shall be deemed to be vacant, ii. until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which this Act applies. 2. In the case of the defaults described in clause (I) (a), the candidate is suspended without pay from any office to which he or she was elected until the document is filed and subparagraphs 1 i and ii apply if the candidate has not filed the document within 91 days after the last day the document was required to be filed under section 78. 2002, c. 17, Sched. D, s. 31 (2). - 2 - 92. (1) A corporation or trade union that contravenes any of sections 70 to 76 is guilty of an offence and, on conviction, is liable to a fine of not more than $25,000. 1996, c. 32, Sched., s. 92 (1). Same, individuals ill An individual who contravenes section 69 or 70 or any of sections 73 to 79 is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 1996, c. 32, Sched., s. 92 (2). Additional penalty ill If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition to the fine set out in subsection (2). 1996, c. 32, Sched., s. 92 (3). Limitation t1} No prosecution for a contravention of any of sections 69 to 79 shall be commenced more than one year after the facts on which it is based first came to the informant's knowledge. 1996, c. 32, Sched., s. 92 (4). Offences by candidate ill A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in paragraph 1 of subsection 80 (2), ifhe or she, (a) files a document under section 78 that is incorrect or otherwise does not comply with that section; or (b) incurs expenses that exceed what is permitted under section 76. 1996, c. 32, Sched., s. 92 (5); 2002, c. 17, Sched. D, s. 35(1). Exception @ However, if the presiding judge finds that the candidate, acting in good faith, committed the offence inadvertently or because of an error in judgment, the penalties described in paragraph 1 of subsection 80 (2) do not apply. 1996, c. 32, Sched., s. 92 (6); 2002, c. 17, Sched. D, s. 35 (2). CJNilJgtDn REPORT PLANNING SERVICES Meeting: Date: COUNCIL Monday, November 23, 2009 Report #: PSD-111-09 File #: COPA 2009-002, S-C- 2004-004 and ZBA 2004-049 By-law #: Subject: PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 423 RESIDENTIAL UNITS APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS BUSINESS PARK L TO. RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-111-09 be received; 2. THAT the Mayor and Municipal Clerk be AUTHORIZED by By-law, on behalf of the Municipality, to execute the Memorandum of Understanding referred to in Section 11.3 of this Report between Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Municipality of Clarington which contains terms and conditions to protect the Municipality's interests satisfactory to the Directors of Planning Services and Engineering Services and a Postponement Agreement with the same parties and the Royal Bank of Canada; 3. THAT application for Official Plan Amendment COPA 2009-0002 be considered APPROVED in the context of the modifications to OPA 60 approved by Council on October 26, 2009 and that the file be CLOSED; 4. THAT subject to the execution of the Memorandum of Understanding referred to in Recommendation 2 by the parties to it and the Postponement of the rights of the Royal Bank of Canada, Council request that after the Ontario Municipal Board has issued its Decision-Order approving Official Plan Amendment No. 60 as modified, the Ontario Municipal Board be requested to: a) approve Draft Plan of Subdivision S-C-2004-004 as revised and dated November 10, 2009 contained in Attachment 2 subject to the Conditions of Draft Approval contained in Attachment 4; and b) enact Zoning By-law Amendment ZBA 2009-167, contained in Attachment 5. REPORT NO.: PSD-111-09 PAGE 2 5. THAT the Mayor and Municipal Clerk be AUTHORIZED, by By-law (Attachment 6), to execute a Subdivision Agreement on behalf of the Municipality for each phase of development between the Owner and the Municipality of Clarington, at such time as the Agreement has been finalized to the satisfaction of the Director of Engineering Services and Director of Planning Services; 6. THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be FORWARDED a copy of this report and Council's decision; and 7. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Davi . Crome, MCIP, RPP Director of Planning Services Reviewed b~~~' O~ Chief Administrative Officer Submitted by: .4d~ AS. Cannella, C.E.T. Director of Engineering Services CS/CP/df 18 November 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-111-09 PAGE 3 1.0 APPLICATION DETAILS 1.1 Owner: West Diamond Properties Inc. and Players Business Park Ltd. (Metrus Properties Limited) 1.2 Applicant: Peter Smith, Bousfield Inc. 1.3 Official Plan Amendment: To amend Official Plan Amendment No. 60 - Brookhill Secondary Plan to permit changes in residential densities, refining parkland hierarchy and the accompanying land use schedules. 1.4 Plan of Subdivision: 423 residential unit plan of subdivision consisting of 181 single detached dwellings; 86 semi-detached dwellings, 62 semi-detachedllinked dwellings, 94 townhouse units, a park and a Future Development Block. 1.5 Zoning By-law Amendment: To change the current zoning on the lands from "Agricultural (A)" to an appropriate zone to permit the proposed development. 1.6 Site Area: 32.903 hectares (81.30 acres). 2.0 LOCATION 2.1 The lands subject to these applications are located on the west side of Green Road approximately 300 metres north of Durham Hwy 2, being Part Lot 17, Concession 2 in the former Township of Darlington (see Attachment 1). 3.0 BACKGROUND 3.1 In 2003, the applicants submitted a proposed draft plan of subdivision and application for rezoning. The applications were deemed premature due to the lack of prerequisite studies required by the Official Plan policies. The applications were returned to the applicants. In early 2004, the applications were resubmitted but lacked the appropriate application fees. In October 2004, the applications were again resubmitted with the correct fees and the applications were accepted for processing. 3.2 On December 6, 2004 the Statutory Public ME:eting was held. Staff recommended that the applications continue to be processed subject to the completion of the Brookhill Subwatershed Study and the preparation of a Secondary Plan for the Brookhill Neighbourhood. Later that month, the applicants appealed the applications to the Ontario Municipal Board on the basis that Council failed to make a decision within 90 days from submission of the original application in 2003. However, due to procedural issues the appeal was not heard by the OMB. REPORT NO.: PSD-111-09 PAGE 4 3.3 The Brookhill Subwatershed Study commenced in fall 2002. The funding for the study came from major landowners in the neighbourhood including the applicants. The purpose of the study was to develop a plan to manage the resources of the subwatershed and provide for a framework for municipal planning decisions. The final report was received in November 2005. The study recommended various changes to the Official Plan, which were adopted in March 2008 through Amendment No. 60 to the Clarington Official Plan (OPA 60). 3.4 Based on the recommendations of the Subwatershed Study, the Brookhill Secondary Plan was prepared to detail land uses for the neighbourhood. During the preparation of the Brookhill Secondary Plan, the applicants participated in the design charrettes and public consultation process. Staff met with the applicant on several occasions to discuss the various concepts for the proposed draft plan of subdivision. OPA 60, approved in March 2008, introduced a Secondary Plan for the neighbourhood. No funding for the Secondary Plan was received from land owners. 3.5 A revised subdivision design was forwarded to the Municipality on July 10, 2008. On August 11, 2008 the Municipality received an appeal to the OMB on both the subdivision and rezoning applications, again under Sections 51 (34) and 34(11) of the Planning Act, for failure of Council to make a decision in respect of these development applications. A number of pre-hearing conferences, some being teleconferences, were held commencing in December 2008. This appeal was joined by the appeal to Amendment No. 60 to the Clarington Official Plan. On October 26, 2009, Council approved Modifications to Amendment No. 60. The Modifications were presented to the Ontario Municipal Board, earlier that same day, uncontested, 3.6 Despite the appeals, Staff continued to meet and work through the various issues with the applicants and their agents for these applications. On October 10th, 2008 Staff received a revised Draft Plan of Subdivision and rezoning. Sufficient supporting documentation to review the applications was received on October 31,2008. A second Public Meeting was held in December 1, 2008. Several revisions to the Draft Plan have been received since that time. The final revision was received on November 11, 2009 and is the Plan of Subdivision now recommended for Draft Approval (Attachment 2). 3.7 On June 10, 2009 the applicant submitted an Official Plan Amendment to propose a series of modifications to Amendment No. 60 (OPA 60) as adopted by Council, approved by the Region, and appealed. The amendment reflected discussions between the Brookhill landowners, during the preceding months. Given that Amendment No. 60 was the subject of an appeal by a third party, Mr. Koseck and is still not in force, the application was filed out of caution by the applicant in the event that the approval of OPA 60 was further delayed. 3.8 On June 26,2009 the applicants were advised that the application was not complete, as the prerequisite pre-consultation information was missing. The application was deemed complete on July 27, 2009. On July 24, 2009, the applicant's solicitor requested Staff not circulate the application or schedule a Public Meeting, in hopes of resolving the modifications to OPA No. 60 and have them presented to the Ontario Municipal Board for deposition thereon. As noted above, the majority of modification to OPA 60 approved REPORT NO.: PSD-111-09 PAGE 5 by Council on October 26, 2009, were consistent with the Official Plan Amendment application submitted by Bousfield's office in July of this year. 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject lands are currently being used for agricultural crops. The site is relatively flat, gently sloping to the south. The west branch of the Brookhill Tributary crosses the lands. A hardwood forest is located to the west and north limits of the draft plan. A portion of the Maple Grove Provincially Significant Wetland is located on the north limits of the lands subject to this application. (Attachment 3) 4.2 Surroundinq Uses North: South: East: forested area and the Maple Grove Provincially Significant Wetland future apartment development and Smart Centres site agricultural fields, Brookhill Tributary, one rural residential dwelling and Clarington Central Secondary School Lands associated with Rekker's Garden Centre, and the rear and side yards of rural residential properties. West: 5.0 PROVINCIAL POLICY 5.1 Provincial Policv Statement 5.1.1 The applications were reviewed in the context of the 2005 Provincial Policy Statement. New development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated and a three year supply of zoned and serviced lands within draft approved and registered plans. New housing is to be directed to locations where infrastructure and public services are or will be available. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. 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. Infrastructure and public services facilities shall be provided in a coordinated efficient and cost effective manner. Planning for these shall be integrated with planning for growth so that they are available to meet current and projected needs. The use of existing infrastructure and public service facilities should be optimized where feasible before considering developing new infrastructure and public service facilities. REPORT NO.: PSD-111-09 PAGE 6 Planning authorities shall support energy efficiency and improved air quality through various means in the planning and development process. Long-term prosperity, environmental health and social well-being depend on protecting natural heritage, water, agricultural, mineral and cultural heritage and archeological resources for their economic, environmental and social benefit. Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there are no negative impacts on the natural features on their ecological functions. 5.2 Provincial Growth Plan 5.2.1 The Provincial Growth Plan for The Greater Golden Horseshoe ("Growth Plan") encourages municipalities to manage growth by directing population growth to settlement areas. Growth is to be accommodated by building compact, transit- supportive communities in designated greenfield areas and by reducing dependence on the automobile through the development of mixed use, pedestrian-friendly environments. Growth shall also be directed to areas that offer municipal water and wastewater systems. Municipalities should establish an urban open space system within built up areas which may include communal courtyards and public parks. 5.2.2 The Growth Plan requires that infrastructure planning, land use planning and infrastructure investment will be co-ordinated to support growth. Infrastructure includes transit, transportation corridors, water and waste water systems, waste management and community infrastructure. Community infrastructure includes land, buildings, structures for health, education, recreation, socio- cultural activities, safety and security and affordable housing, Planning for growth will take into account the availability and location of existing and planned community infrastructure so that community infrastructure can be provided efficiently and effectively. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Reqion Official Plan 6.1.1 The subject lands are designated as "Living Area" within the Durham Regional Official Plan. Lands within this designation shall be used predominantly for housing purposes incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. A mix of uses such as certain home occupations, convenience stores, public and recreational uses which are compatible with their surroundings are permitted. Limited office development and retailing of goods and services in appropriate locations and as a component of mixed use development may also be permitted in Living Areas provided there are appropriate provisions and designations in the area municipal Official Plan. REPORT NO.: PSD-111-09 PAGE 7 6~ 1.2 In consideration of development applications in designated Living Areas, regard shall be had for the intent of this plan to achieve the following: · A compact urban form; · The use of good urban design principles; · The provision of convenient pedestrian access to public transit, educational facilities and parks; · A grid pattern of roads; · The provision and distribution of parks, trails and pathways and educational facilities; · The types and capacities of the existing municipal services, infrastructure and the feasibility of expansion; and · The balance between energy efficiency and cost. 6.2 Clarinqton Official Plan 6.2.1 Amendment No. 60 to the Clarington Official Plan was adopted in March 2008 and approved by the Region of Durham on August 5, 2008. Amendment No, 60 was appealed. Council approved modifications to Amendment No. (OPA) 60 on October 26, 2009 and they were presented to the Ontario Municipal Board (OMB) on October 26, 2009 uncontested. Formal approval from the OMB is expected shortly. Any approvals of the subject proposed plan of subdivision and zoning by-law amendment is predicated on the OMB issuing approval of OPA 60 as modified. 6.2.2 Brookhill Secondary Plan Community Structure The draft Plan of Subdivision is consistent with the Principles and Community Structure contained in the Secondary Plan. The neighbourhood is edged by a primary road network being Brookhill Boulevard and Green Road. In the centre, a parkette is surrounded by medium density development, being the Neighbourhood Commons Area. The housing is focused around the parkette with access by rear lanes. Land Use Policies Within the Secondary Plan the subject lands are designated as Low Density Residential, Medium Density Residential, Neighbourhood Commons Area and Parkette. Low Density Residential housing includes single and semi-detached units and limited townhouse dwellings. Coach houses are permitted in restricted areas. Low density development shall be developed on the basis of a maximum of 30 units per net hectare, consistent with the Official Plan policies. Within the Neighbourhood Commons Area, street, block or stacked townhouses and multiple unit buildings are permitted. Medium density shall be consistent with Official Plan policies between 31 to 60 units per net hectare. REPORT NO.: PSD-111-09 PAGE 8 Neighbourhood Commons Square form the central focus of the Neighbourhood Commons Areas. The Square shall be a minimum of 0.8 hectares and shall be surrounded on at least two sides and preferrably three or four sides by public roads. The Square is accepted as parkland dedication required under the Planning Act. Environmental Features A hardwood forest and the Maple Grove Provincially Significant Wetland are adjacent to a Future Development Block. An Environmental Impact Study is required prior to consideration of this block for development. The EIS process is underway. The Subwatershed Study recommended that the sub-tributary bisecting this plan of subdivision could be enclosed in separate system. OPA 60 redesignated the sub- tributary from "Environmental Protection Area" to "Urban Residential Area". Servicing and Finance The Secondary Plan policies require the Municipality to work with the Region and the landowners to develop a plan for phasing extension of services. In addition, approval of development applications shall be conditional upon commitments from the land owners with respect to the timing and funding of required road and transportation facilities, parks and recreation, stormwater management, sanitary sewer and water supply. 7.0 ZONING BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned Agricultural (A). A Zoning By-law Amendment is required to implement the proposed plan of subdivision. 8.0 SUMMARY OF BACKGROUND REPORTS 8.1 The applicants have provided the following documents in support of the draft Plan of Subdivision. 8.1.2 Phase 1 and 2 - Environmental Site Assessment The Site Screening Questionnaire prepared by the applicant indicated that an orchard was situated on the site and as such, a Phase 1 Environmental Site Assessment (ESA) was required. Sernas prepared a Phase 1 and 2 Environmental Site Assessment. Soil sampling was conducted to determine the presence of arsenic and cyanide on the site. The soil sampling analysis is within the acceptable levels according to the Ministry of Environment's guidelines for residential uses. 8.1.3 Woody Veqetation Assessment and Tree Preservation Report. Cosburn Giberson Landscape Architects prepared a Woody Vegetation Assessment and Tree Preservation Report in September 2008. This study assessed all existing woody vegetation communities upon the subject lands and provided a summary and REPORT NO.: PSD-111-09 PAGE 9 analysis of all vegetation communities and an evaluation of their preservation priorities within the context of the proposed subdivision. Although the site has been cultivated for many years, the report identified seven woodland units on and adjacent to the site. With the exception of isolated tree specimens on the north and west property boundaries, the majority of the vegetation found within the site is of low landscape value, young stage of life cycle and often contains invasive species. However, there is an opportunity to preserve high landscape value woody vegetation along the north and west subdivision boundaries and within the rear of the lots where lot depths permit. 8.1.4 Archaeoloqical Assessment This Land Archaeology Inc. prepared an Archaeological Assessment in 2006, and 2007 for the lands on both sides of Green Road (West Diamond & Players Business Park and 1613881 Ontario Inc.). Stage 1 and 2 assessments of the properties were undertaken. Seven pieces of chert were recovered representing the past occupation of the land by First Nations occupations. None of these areas constituted a significant archaeological site and no further work was required. 8.1.5 Noise Impact Study Sernas Associates prepared Noise Impact Study for West Diamond and Players Business Park in September, 2008. The study addressed noise generated from vehicular traffic on Green Road and projected traffic volumes from the future Longworth Avenue extension and future Brookhill Boulevard. The report recommended noise abatement measures to meet the noise levels acceptable to the Region of Durham, Municipality of Clarington, and the Ministry of Environment. Noise fencing (1.8 metres high) will be required along locations of Green Road and a portion of a block located on the northwest corner of Brookhill Boulevard and Lane 3. Optional air conditioners can be considered in dwellings fronting onto Green Road and Brookhill Boulevard. The report recommended that a detailed noise impact study be submitted to identify noise mitigation measures and warning clauses to be included in the subdivision agreement once the final grading plans and the building plans are available. 8.1.6 Functional Servicinq Study Sernas Associates prepared a Functional Servicing Study for this site, in October 2008. The drainage from this site is approximately 46 hectares, which includes all lands within the draft plan, the lands north of the draft plan to proposed Longworth Avenue extension and the proposed residential development south of Brookhill Boulevard. The site drains from north to south. The minor system flowing from the subdivision will discharge into a proposed stormwater management pond located on the east side of Green Road and immediately north of Brookhill Boulevard. The proposed pond has been sized to accommodate runoff from the lands west of Green Road and additional lands on the east side of Green Road. Major system flows (overland flow) will be conveyed to the stormwater management ponds via the public road allowances and open ditches on Green Road. REPORT NO.: PSD-111-09 PAGE 10 The West Branch of Brookhill Tributary flows in an easterly direction through the south end of the subject site at the location of the proposed Brookhill Boulevard alignment. The flows from lands west of the development will be captured and conveyed via a clean water pipe and outlet east of Green Road, to a proposed channel which will tie into the east branch of the Brookhill Tributary. Sanitary sewer drainage was accommodated for within the existing 400mm sewer stub provided on Green Road immediately north of Stevens Road and conveyed to the Port Darlington Water Pollution Control Plant via the sub-trunk sewer on Clarington Boulevard. The Brookhill Neighbourhood is within the Zone II water distribution pressure district. Water supply can be provided from the existing 300mm feeder on Boswell Drive and by extending the existing 400 mm feeder watermain northward on Green Road from Stevens Road. 8.1.7 Traffic Impact Study The Traffic Impact Study prepared by Sernas Transtech was submitted in October 2008. The study was based on 461 low and medium density units. The study concluded that access to the site is proposed via Boswell Drive, Brookhill Boulevard and Green Road. The corresponding major intersections impacted by the development are Highway 2 and Boswell Drive, Highway 2 and Green Road, and the intersection of Green Road at Brookhill Boulevard. The site will generate a total of 323 vehicle trips during the a.m peak hour with 69 inbound and 254 outbound trips. With full implementation of proposed roadway improvements, including those to accommodate background traffic (existing traffic and retail and residential development with a 2018 time horizon), the introduction of traffic from the proposed residential development can be adequately accommodated by the abutting street system and proposed site access arrangements. Staff reviewed the Traffic Impact Study and did not agree with some of the assumptions made for the timing of the planned road improvements. As such, Staff requested that at "Unified Traffic Study" be prepared to look at timing for the implementation of the road infrastructure for the entire Brookhill Neighbourhood, including Brookhill Boulevard, Clarington Boulevard and Longworth Avenue as well as the supporting grid network outside of the neighbourhood. The more comprehensive "Unified Traffic Study" has not been completed to date. However, a number of road improvements have been reviewed and discussed with the applicant and agents that go beyond the limits of the subdivision. This is discussed further in Section 11 of this report and Attachment 7. 8.2 In accordance with the Brookhill Secondary Plan the applicants have submitted the following studies/reports for Staff's review. These studies have been reviewed and must be finalized prior to registration of the subdivision agreement: REPORT NO.: PSD-111-09 PAGE 11 . Unified Traffic Study . Internal Traffic Study . Energy Conservation and Sustainability Plan . Landscaping Plan . Community Theme and Urban Design Implementation Plan; and . Architectural Design Guidelines 9.0 PUBLIC NOTICE MEETING AND SUBMISSIONS 9.1 A second Public Meeting was held on December 1, 2008. No member of the public spoke in support or in opposition of the application. No written submissions have been received. 9.2 One resident who resides on Maple Grove Road advised staff that he is concerned that the development will impact wells on Maple Grove Road. 10.0 AGENCY COMMENTS 10.1 A number of agencies have been circulated the proposed plan of subdivision and rezoning application: 10.2 The Clarington Emergency & Fire Services offers no objection provided that the rear laneways comply with all previous indicated concerns i.e. width, parking, snow storage turning radius, hydrant locations. 10.3 The comments from the Clarington Engineering Services Department are summarized below: . Although the ultimate alignment for Longworth Avenue has not been established nor finalized through Block 296, the Municipality accepts the future road and lot configuration in principle. Lands for the future construction of Longworth Avenue extension must be secured from the west limit of the proposed draft plan to the east limits of the additional lands in which the owner has an interest east of Clarington Boulevard. . Development of the subject lands cannot proceed until such time as the Municipality has approved the expenditure of funds for the provision of both the reconstruction of Green Road from the north end of the existing urban section to the north limit of the Plan of Proposed Subdivision (that portion abutting the proposed development) as well as external works or services such as sidewalks and street illumination which have been included in the Municipality's Development Charges By-law and deemed necessary by the Director of Engineeing Services. . 5.00 metre road widenings on the west and east side of Green Road are required to be ded icated. REPORT NO.: PSD-111-09 PAGE 12 · All rear lanes shall comply with the approved cross sections contained in the Brookhill Secondary Plan. No underground services will be permitted in the rear lanes with the exception of a local storm sewer. · The future phasing of the draft plan will be restricted by the number of external accesses that are available to the existing municipal road network. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permit in any single phase of the development will be determined at the engineering stage and at the discretion of the Director of Engineering Services. · The stormwater management facility located east of Green Road is not within the limits of the draft plan. The lands assigned for the facility must be adequately sized to provide the level of quality and quantity control required. The lands must be secured prior to draft approval in a manner acceptable to the Director of Engineering Services and the Municipality's Solicitor. · Works will be required on private property to install a clean waterby-pass pipe and transitional grading on the west boundary of the site. Permission from private property owners must be obtained. Parks Division · The land provided for the neighbourhood park is less than the 5% of the land proposed for the development or 1 hectare per 300 dwelling units, prescribed in the Planning Act. Any under dedication of parkland within the limits of development will be required to be provided on lands east of Green Road. · The park is outside the Municipality's budget forecast of park development and as such would need to be constructed entirely by the developer should the development proceed in advance of Council approving the expenditure of funds for the development of said park. · Where a public sidewalk is within the park and in front the homes facing the park, the homeowners will be responsible for snow clearing. · Services in the park for the abutting residential lots will also need to come through the park. Services through the park will be acceptable provided they are located below grade and manhole lids or water valves are located between the park sidewalk and the homes fronting the park. 10.4 The Region of Durham Planning Department provided comments in February 2005 and in April 2009. Official Plan Conformity The subject property is designated "Living Area" in the Durham Region Official Plan. Lands within the "Living Area" designation shall be used predominantly for housing purposes and shall be developed to incorporate the widest possible variety of housing types and tenures. The application is in conformity with the Regional Official Plan. REPORT NO.: PSD-111-09 PAGE 13 Provincial Policies and Delegated Review Responsibilities Residential units are within close proximity to Green Road, a Type 'B' Arterial road and therefore a noise report will be required. The site characteristics indicated a high potential for the presence of archaeological remains. An archaeological assessment was prepared and has been cleared by the Ministry of Culture. The subject lands are within proximity of Environmentally Sensitive Area and therefore an Environmental Impact Study is required. Regional Works advises that the site is within the Zone II Water Pressure District in the Bowmanville Water Distribution System. Municipal water is available to the site by extending a 400 mm watermain on Green Road from Stevens Road to the north of the development. A 300 mm watermain will also be required along the proposed rights of way to the north limit of the site with sufficient capacity for the development including fire protection. Municipal sanitary sewer services are available to the site on Green Road at Stevens Road from an existing 450mm sanitary sewer. The sanitary sewer must be extended northerly on Green Road to service the development. Regional Works requested revisions to the Traffic Impact Study, the Internal Traffic Study and Traffic Management Plan to address the impacts of the interim road network with the planned external connections throughout each phase of development. 10.5 Central Lake Ontario Conservation provided comments and conditions of draft approval. CLOC has advised that the Brookhill Subwatershed Study identified an approved stormwater management scheme for the overall area as well as environmental features and restorative works which are to be undertaken. The proponents land holdings have been separated into two phases of development. Phase 2 lands are subject to the completion of a four season environmental impact study (EIS). A two season EIS is being completed for the Phase 1 lands. This study is assessing the Brookhill Tributary with regard to the recommendations and requirements of the Brookhill Subwatershed Study. The functional servicing report is generally acceptable. It is noted that the proposed stormwater management facility is located off-site on other lands owned by the applicant. Information must be submitted which outlines the ultimate design of the facility including the required water quantity and quality controls for all lands draining to the proposed facility. The details can be satisfactorily addressed through appropriate conditions of draft approval. It should be noted that the design of the facility will also have to be undertaken in accordance with the required restoration requirements to be completed through the EIS being prepared for the Phase 1 portion of the subject development. The submitted tree preservation report has also been reviewed and found to be acceptable. The proposed development adjacent to the significant woodland located to REPORT NO.: PSD-111-09 PAGE 14 the west of the proposed subdivision will have to incorporate any setbacks from this feature as required through the environmental impact studies currently underway. 10.6 The Kawartha Pine Ridge District School Board has advised that approximately 114 elementary school pupils and 49 secondary school students will be generated by the proposed draft plan. However, the anticipated pupil yield from this draft plan, the Future Development Block and the medium/high density development to the south will depend on the final unit count for these areas. The Board will accept the absence of a public elementary site in this Draft Plan, provided the nearby public elementary school site designated west of Clarington Boulevard and south of Longworth Avenue, be made available in the first phase of development or when 850 building permits have been issued in the Brookhill neighbourhood. 10.7 The Peterborough Victoria Northumberland and Clarington Catholic District School Board has reviewed the applications and have advised that the proposed development will be located within walking distances from St. Elizabeth Elementary School on Longworth Avenue, St. Stephen's Secondary on Scugog Road and Holy Family Elementary School on Aspen Springs Road. Access for pedestrian walkers should be taken into consideration from this residential area to the schools named above. In addition, crosswalks at major streets should be implemented to ensure safe access when crossing. 10.8 Enbridge Gas has offered no objection and provide conditions of the draft approval to be placed in the subdivision agreement. 11.0 STAFF COMMENTS 11.1 The Neiqhbourhood Concept 11.1.1 The proposed draft plan of subdivision and rezoning application are located in the Brookhill Neighbourhood of the Bowmanville Urban Area. On October 26 Council approved modifications to Official Plan Amendment 60 (OPA 60). The amendment and modifications were presented to the Ontario Municipal Board (OMB) uncontested earlier that same day. The modifications approved by Council and presented to the OMB were predominantly in response to the amendment filed by the applicant and subsequent discussions and negotiations. The application filed by the applicant is considered to be approved through the modifications to OPA 60 approved by Council. OPA 60 introduced policies in the Clarington Official Plan for the Brookhill Neighbourhood Secondary Plan. The Brookhill Neighbourhood Secondary Plan was developed on the basis of providing a compact accessible community. The road system within the Brookhill neighbourhood is based on a grid network to provide for connectivity throughout the neighbourhood, to the West Town Centre and the balance of Bowmanville. Green Road, Clarington Boulevard and Regional Road 57 are the north- south spines with Brookhill Boulevard and the extension of Longworth Avenue forming the east-west connections. Internal streets form a smaller grid offering pedestrian connections and options for vehicular travel. REPORT NO.: PSD-111-09 PAGE 15 11.1.2 The central part of the neighbourhood, east of Green Road contains the majority of the significant community facilities for the neighbourhood. The Brookhill Tributary is part of the interconnected Greenlands System forming a central spine for the community which is to be accessible and visible to residents. It links the natural features, a neighbourhood park, on the east side; a parkette, on the west side; stormwater management facilities, on both sides; and an elementary school site, also on the east side within the neighbourhood. The Brookhill tributary, the community facilities and portions of Clarington Boulevard and Brookhill Boulevard are located on lands owned by 1613881 Ontario Inc. 11.1.3 West Diamond lands occupy approximately one third of the neighbourhood (south of Longworth Ave.) but are planned to site over 45% of the total residential units. The central parcel between Clarington Boulevard and Green Road is owned by a Metrus company 1613811 Ontario Inc. It also comprises one third of the neighbourhood but incorporates up to approximately 15% of the residential units. Most of the community facilities, including the stormwater ponds servicing the West Diamond lands are located on the 1613811 Ontario Inc. lands. In order to provide for the phased servicing of the neighbourhood and ensure that certain facilities were built when required, a Memorandum of Understanding was developed as outlined in Section 11.3, below. 11.2 Proposed Draft Plan of Subdivision 11.2.1 The draft plan of subdivision has been divided into two phases since the northerly portion is adjacent to a Provincially Significant Wetland. This feature triggers an Environmental Impact Study (EIS) required to determine limits of the features and appropriate buffers. The EIS for the PSW has commenced and is a four season study not expected to be completed until late in the fall of 2010. Identifying the lands within the limits of Block 273 as lands for future development, and subject to future applications, allows the EIS to be completed while allowing an application to be processed on the lands to the south. 11.2.2 The Neighbourhood Commons Area consists of a 0.8 hectare Neighbourhood Commons Square (parkette), Block 270 and surrounding townhouse lots and smaller single and semi-detached lots. The park size is less than the total parkland dedication required under the Planning Act for this development. The balance of the parkland dedication for this development is provided for on the lands outside of draft plan and east of Green Road, in keeping with the Greenlands System. These lands are owned by 1613881 Ontario Inc. Through a separate agreement (Memorandum of Understanding (MOU)), any under dedication of parkland required from the combined two parcels on either side of Green Road will be provided as a cash contribution. The conditions of draft approval require the Owner to pay for the construction of the park, Block 270, should they wish to proceed in advance of Council approving funds for its development. 11.2.3 Within the proposed draft plan of subdivision, the grid pattern is interrupted, in keeping with the Demonstration Plan, appended to the Secondary Plan, to discourage traffic cutting through the neighbourhood between the future extension of Longworth Avenue and the commercial development within the West Town Centre. 1 ___ IU REPORT NO.: PSD-111-09 PAGE 16 11.2.4 This development is the first proposed plan of subdivision within Clarington containing municipal rear lanes in accordance with the policies of the Brookhill Secondary Plan. Lanes are used for vehicular access to the lots abutting the Neighbourhood Commons Square (parkette) and Brookhill Boulevard. This allows for housing forms fflcing the street without the appearances of garages and driveways. Housing on' Brookhill Boulevard will have rear lane access. These homes are mix of small lot singles, semi- detached and townhouse units. The absence of garages and driveways will provide more opportunity for on-street parking and better urban design. It will also provide a transition to the higher density development which will occur south of Brookhill Boulevard. 11.2.5 The Neighbourhood Common Square has frontage on two streets and flanked to the north and west by a mix of singles and semi-detached units which are access by a rear lane. The twenty four (24) dwellings will have front doors facing onto the parkette. This provides for a good interface with the parkette from an urban design point of view and is efficient for the developer as no road is required. This layout is being considered here on a trial basis. 11.2.6 The draft plan also provides for a mix of lot sizes to permit various housing forms. Singles, semi-detached, semi-detachedf/inks and townhouses are inter-dispersed providing for a diverse streetscape. "Cap-end units" are proposed to provide a greater number of small units with a more architecturally pleasing corner unit by placing the garage facing the side street. This reduces the number of driveways on the other, usually busier street. The amenity area for this unit is limited to a courtyard facing the side street rather than a typical rear yard amenity area. Cap-end Units will be in the form of linked dwellings. ( '\1' i \"ll l r-o.....1[1 S,N"I ~ H()\1l) 1'~.~.~.""l:C::::':"":.:.:.".'..."'.".:~.:a"n~.i:..:...... =~'";!!.~ A'~S,~......t1E" t., -,-_. (';." !. . .- -~ ll!, : I I' ;,;.. "',.' , i/' ! . ..' @FJankaie view of Cap end Unk Semi fA') bt":'.m",a tchornif;:- REPORT NO.: PSD-111-09 PAGE 17 11.2.7 The Brookhill Secondary Plan contains policies for Environmental Sustainability and Energy Conservation. As a condition of draft approval Players & West Diamond is required to prepare an Environmental Sustainability Plan which identifies specific measures on how this development will ensure the protection, conservation and enhancement of air, water, and ecological features and functions, energy and other resources including heritage resources. The report shall include the following: . Energy conservation measures for new homes, such as the construction and operation of new residential building to a minimum rating of 80 or more in accordance with Natural Resources Canada "EnerGuide for New Houses" or equivalent certification system; . "Solar Ready" construction that allows for the future installation of solar panels in each dwelling; . Water conservation measures for new homes such as the Water Sense program or equivalent program; . Use of local and environmentally friendly materials or finishes in the dwellings; . Construction waste management plan to optimize the use of buildings and reduce waste generated; and . The preparation of a 'Green Initiative' hand-book on educating homeowners on the maintenance and performance of the home and its effects on the community. 11.2.8 The zoning by-law amendment has been drafted to implement the proposed lotting pattern as contained in Attachment 2. It includes provisions for units having frontage on a public rear lane, as well as the proposed cap-end units. In order to provide additional flexibility, many of the zones allow more than one form of housing with similar but slightly different lot frontage and lot area requirements. In order to ensure the number of units registered is consistent with the draft approved plan a new provision is proposed in the attached by-law. After the zone symbol, in brackets with a letter "T" is a number representing the maximum number units allowed in a particular zone boundary. 11.3 External Infrastructure and the Memorandum of Understandinq 11.3.1 Through the Financial Impact Study completed in 2008 and the review of the subject applications concerns with the need for external infrastructure to support this development, as well as the Municipality's ability to control timing of the infrastructure was identified as an issue. The capital works for any neighbourhood are generally outlined in the Development Charges Background Study. The specific timing of the works depends on whether the required works have been scheduled in the Municipality's capital budget and forecast. Consistent with the policies of the Official Plan, staff negotiated with the landowners, phased dedication, timing and funding of transportation infrastructure as well as community facilities required to support this development. A Memorandum of Understanding (MOU) was negotiated to address a number of issues, their timing and financing. A summary of the MOU is contained in Attachment 7. REPORT NO.: PSD-111-09 PAGE 18 11.3.2 From a transportation perspective the recent announcement of the GO Train extension to Bowmanville meant that the reconstruction of the Green Road underpass could not proceed as initially planned. Without Green Road connecting traffic from the proposed development to Baseline Road, Highway No. 2 was considered to be negatively impacted by trips generated from this development. Staff worked with the applicant and their consultants to find alternative road connections to disperse the traffic, and minimize the impact on Hwy 2 as this proposal and the Brookhill neighbourhood develop. 11.3.3 An agreement, MOU was negotiated dealing with a number of provisions and triggers for the transfer of lands for sections and construction of; Prince William Boulevard from its current terminus at Pethick Street to Regional Road 57, Brookhill Boulevard to Clarington Boulevard, Clarington Boulevard northerly to Longworth Avenue, and Longworth Avenue from the west limits of the subdivision to Clarington Boulevard. The agreement provides for their construction and performance guarantee obligations of Players, West Diamond and 1613881. 11.3.4 The proposed plan of subdivision provides for a 0.8 ha Neighbourhood Commons Square (parkette) in the centre of the development. However, the neighbourhood park and public elementary school for the Brookhill neighbourhood are located east of Green Road. Currently there is no proposed plan of subdivision application on these lands. In order to ensure that these facilities are available to serve the needs of the residents as the Brookhill neighbourhood develops the MOU also contains triggers for the transfer of the neighbourhood park east of the Brookhill Tributary, the parkette west of the tributary, and temporary access, if necessary, to the neighbourhood park and abutting elementary school. The agreement also provides triggers for the transfer of the Brookhill Tributary lands and their required buffer to be identified through the Environmental Impact Study currently underway. 11.3.5 The Brookhill Tributary lands between the Longworth Avenue extension and the Regional Road 57 are being examined through the EIS. This part of the tributary crosses lands owned by both William Tonno Construction Ltd, eastern portion abutting Regional Road 57 and 1613881's lands, western portion abutting Green Road. A Naturalization Plan will be prepared by Players West Diamond and 1613881 pursuant to the Brookhill Secondary Plan. The MOU provides for the Municipality to have the option to purchase the Brookhill Tributary lands on 1613881's lands south of the Longworth Avenue extension for a nominal consideration at a time selected by the Municipality which is not earlier than the day on which approval of a draft plan of subdivision for part of the 1613881 lands east of the Tributary is approved and 18 months after the Director of Planning Services approves the relevant part of the EIS. Players West Diamond and 1613881 will pay the Municipality $100,000 to be spent at its discretion on the Tributary lands to implement recommendations of the Naturalization Plan and/or the applicable EIS as finally approved. A portion of this may also be used as a contribution for constructing a trail system. REPORT NO.: PSD-111-09 PAGE 19 Provision is made in the MOU for the transfer of the Provincially Significant Wetlands and required buffer on the Players and West Diamond lands to the Municipality for a nominal consideration once the EIS for that area is complete. 11.3.6 Players, West Diamond and 1613881 Ontario Inc. own lands currently subject to a mortgage in favour of the Royal.Bank of Canada. A Postponement Agreement between the Royal Bank of Canada, Players and West Diamond and 1613881 Ontario Inc. has been prepared and recommended for approval. 11.4 Tax Status The Finance Department has advised that, as of drafting of this report, the taxes have been paid on the subject lands. 12.0 CONCLUSIONS 12.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Region and Clarington Official Plan, including the recent modifications to Amendment No. 60 to the Clarington Official Plan. The applicants concur with the Conditions of Draft Approval. In consideration of the comments contained in this report and subject to the execution of the Memorandum of Understanding, Staff respectfully recommend that the application for Official Plan Amendment be considered approved in the context of the modifications to OPA 60 and the file close, and that the OMB be requested to approve the proposed Plan of Subdivision as contained on Attachment 2 subject to the Conditions of Draft Approval as contained in Attachment 4, and the rezoning as contained in Attachment 5. Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - Attachment 5 - Attachment 6 - Attachment 7 - Attachment 8 - Attachment 9 - Key Map Proposed Draft Plan of Subdivision Brookhill Tributary and Provincially Significant Wetland Map Context Map Conditions of Draft Approval Zoning By-law Amendment By-law Authorizing Subdivision Agreement Memorandum of Understanding Summary (Under Separate Cover) By-law Authorizing Execution of Memorandum of Understanding By-law Authorizing Execution of Postponement Agreement REPORT NO.: PSD-111-09 PAGE 20 Interested parties to be advised of Council's decision: West Diamond Properties Inc. and Players Business Park Ltd. Peter Smith, Bousfields Lillian and John Bouma Michael Durocher Mark Koenig Wayne and Cathy Bolahood Nick Mensink Cora Tonno Ian Rohr and Phil Litowitz Bob Annaert John Farmer Reg Webster Greg Milosh Carmella Cupelli Roslyn Houser, Goodmans Robert Howe, Goodmans BLOCK 275 ADDITIONAL LANDS OWNED PROPOSED LONGWORTH AVENUE I I I "\ I (-~_-II-_-_-~.~-_1U ~. ~~'I~-=~~-I=~~:~~~ u _J_ ~ - - I ! FUTUR9 - -I --:~, -: ~'-,---~-"'i\, -"- I I I I I I 1 DEVELOPM~~ _ _ _!_I_I_:_ _1_ _ _ __ I . J=.:~ =~ ~ ~=:~4:~uu, (~~~~'~i=i; --~ 1 1:1 I;: u___I;C--J_--"'ll~'! - -I 1- - T - _I UJ ~ ~ - - -1'"" 1- .\- I UJ f- - 1 /\ ""-~ -- I--r--I~r--!--l~~_- _-_-J~r--1// //1 --k:4--I--~~u~--.:;,01 _-;._...6.;:.:#--_-J / I 1 , ~ BLOC_ 272 ROAD WIDE..."", o 'O~ h~ -,;- -'2 " " " o <( o 0:: Z w w 0:: <.9 -17 -16- ,,- '" " BLOC. v, ~, ReSERvE OOl1ne ADDITIONAL LANDS IN WHICH OWNER HAS AN INTEREST Property Location Map (Bowmanville SC 2004-004 Draft Plan of Subdivision ZBA 2004-049 Zoning By-law Amendment -I o ::u m ""0 0)> ~::t ""0)> (f)O OI 's:: ~m --.z 6-1 (Q --. Owner: West Diamond Properties Inc. and Players Business Park Ltd. ()" / /' r ~k \~ \"'C~' 0((' ~\~\:~, ,~'t\\_~ '-<::'~ ~~ PROPOSED "), ~,~ RESIDEN~I~r' \ (- --~~) C ~ "' ~ '" o ~ I~.~~ I' ,~ .'. ..~ "' ~ ::> ,~ ::> ~ ''''' ATTACHMENT 2 TO REPORT PSD-111-09 KEY PLAN ~ SUbject Property ~ Addfflonol Lands OWnod ~ AddItional Lands owner Has An Interest ~ AREA TABLE gl47_I75dpcfHo<j_'O,1OOlI ......'.255 7233hU ----:ro66 ,84 1270 0.827 0.Q11 0.406 11.104 7.143 R",idenlIllISirl ReSI(l&rfilll SlImi & Semi I Unk Rl!IsidBrtilllLlIre aM'lhCu5es 1J<:>cjq25$.2$2 ResidenlllllCapEndTONnhouses _XH68 N'tDcxlP"fi< 1Ioclo210 Road ReseNl! lJacIo271 RoadWidenl1O 9ock212 FiJl.e Oe;elopmenl 1Iuo~273 """" TOTAL 32.903 hat ROADS 26m ROW 20m ROW 19m ROW e,!5mL_ TOTAL 316m 1.012 1,3I6m 2.851 1,.,..2., 2692 Q,MB ',IN m 7.143 h. UNITS 61mLe",Townha.lllll 75ml_S,nglll 66mCapEndT~ :: ~:'~/~~kemi I Ufll< 11.6mSingle 128mSinglll 6.7m Lare Slim' " " " . " 84 80 " 423 units TOTAL lEGEND .,...,..." Boundary of SubdMslon -.-.-.-.-." Addi1ional Land Owned NOTES All dlmensklns are In metres. All area mB8lJlKemenls are computer generated. All elevations refer to Geodetic Datum. All ex/sting blJlcllngs 10 be demolished. ADD/TlONAlINFORMATlON REQUIRED UNDER SECTION 51(17) OF THE PlANNING ACT C. AddItional )and owned by the applicant Of In wtich the applcanl has an Interest In the vicinity Is 88 shown on !he key plan. D. Res. SIn~8S, Seml-delached, OSTH. Lane TlJ'M'lhouse, Road ReS8lVe, Palit. Road Widening, Future OeveklpmlBfll, & Roads. H. Piped wilier 10 be provided. I. Clay loam soli. K. sanitary & stonn Mwers 10 be pro....ded. SURVF(O~S CERTIFICATE I hereby certify that the boundaries 01 the land 10 be subdlv+ded as shown on this plan, and their relationship to the ad)acent land are accurately and correctly shown. SEE ORIGINAL SUBMISStON OWNE~S AUTHORIZATION 1Iw., WEST DIAMOND PROPERTIES INC. PlAYERS BUSINESS PARK lTD. being !he registered owner(s) 01 the sub}ect lands hereby authorize BOUSFIELDs INC. 10 prepare and submit a dfllfl plan of subdvllllon for approval. SEE ORIGINAL SUBMISSION ~ S-C-2004-004 20 0 2S SOm ~ REVISED DRAFT PlAN OF PROPOSED SUBDIVISION PAAT OF lOT 17, CONCESSION 2 (GEOGRAPHIC TOWNSHIP OF DARLINGTON] NOW IN THE MUNICIPAUTY OF CLARlNGTON REGIONAl MUNICIPAliTY OF DURHAM BOUSFIELD. INC. ATTACHMENT 3 TO REPORT PSD-111-09 11 illl ~ lIlt l~,~l~~..~;..':....2.~~~h~\~~~. ~ J I I ~ ;i~lr ~"~ I ~I I ~ ~I :: \, ~ " "', 'pro"in~~ ..~, ,,~fc ;'. . . .... ~ ...- ~ ~~.." . ~Signif{~ant ~ - -<Sl ~ ~\~ ~ '~ Wetlands ~ "'\.'1,.,\ ,[\ -.. ~,...:'l '" (;0 II \l\'c}~-~ ~~:{_'~.::' ':?:;E:.~~,.:;:::;:~~::::r <;'.';,':9 N!i9hbOUrhoodl ,/' N- " _.. ..... '_:"'c'\ .;. d , _ _ v" Parle \ ~ ~ Parkette ji~:: '\: t;:.. Longworth Avenue '--... ....j"d.~' _r,Public~ f,7 ~~ V/h '00' " j\..;>~ c,ementary ,-- .J. ~ ~ ~'53;!'{~~ .~.Schooj -. /JJJ ~:;:':';..'~.. . ralleTndS- ITZZ ~ ~ . ~.trt. ~ ,<>>,,,,..0- [l\\) ,/ (/ 7'0 -...:: h . _. "', ',_ '-~"":' . . "'~'.~".- oo,+-'f\~\ ~ [ ~.6I / II. I hilI ..~...... :- ......-'.'....2 _ II' \{;:':'Jill / ... "'. 1r ~r- f--- , ~ ....i::;i - - >---- - --~ "' We~t, Diamo1!dl '- '--c - \ '-- >---- - \\ ~/'!re':S Business r-1613BU OntarioJE-c. · 1 I >---- - 1 I "-:a:~.~ I '''~'I~"---o' .J ~~ f--- .~- I.--~ , ~~ ~ ~ ~ --l\~l' ~tv '~~_ c.r TC~~,"e,,'6 "r- ~~If ~ I~ ~ \~.~\\~~ ~~~ ~ <r?(\{\c,e . r"'-~ ~ -:: r'\ " mw') "" I 1 /" ../f ~ ~ ~ ~i'= _\'i\\1Z ~ \ /7 I -\ ~ I f W ~ Et= ~ - gmB l Nash Roa~ -..~~~ ~:..'1r,>'~,:,~I.'" ~~'" :,-,:" '.. ~ \ \ -J~ ~I \ ATTACHMENT 4 TO REPORT PSD-111-09 CONDITIONS OF DRAFT APPROVAL S-C-2004-004 (West Diamond & Players Business Park) Date: November 11, 2009 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2004-004 prepared by Bousfields Inc. identified as job number 0147-1-75pd, dated November 10, 2009 which illustrates 423 residential units consisting of 181 single detached units, 62 semillink units, 86 semi detached units, 94 townhouse units, a neighbourhood park block, roads, lanes, road widenings, 0.3 metre reserves, and a Future Development Block. FINAL PLAN REQUIREMENTS 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 4. The Owner shall convey a 5.00 metre road widening (Block 272), across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Green Road. 5. The Owner shall convey 14.0 metre X 7.0 metre sight triangles at all intersections where collector roads and local roads (Brookhill Boulevard Extension, Street D and Street B) intersect with Green Road. 6. The Owner shall convey Block 271 on the draft plan to the Municipality of Clarington for the extension for future Brookhill Boulevard. 7. The Owner shall terminate any dead ends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 8. That all land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 9. Prior to execution of the Subdivision Agreement, the Owner shall execute and cause to be registered on the title to the lands to which it applies a Memorandum Conditions of Draft Approval (S-C-2004-004) Page 1 of Understanding with the Municipality of Clarington and such other persons as the Municipality of Clarington Director of Planning Services and Director of Engineering Services deems to necessary providing for the transfer of lands to the Municipality and the provision of certain external works and services within the Brookhill Neighbourhood as defined in the Municipality's Official Plan. The Memorandum of Understanding shall include among other matters the timing and terms of the transfer of lands to the Municipality, and timing of construction and costs associated with the external works and services. These include but are not limited to: . The construction of Brookhill Boulevard between Green Road and the easterly boundary of lands owned by 1613881 Ontario Inc.; . The construction of Clarington Boulevard from its current terminus to future Longworth Avenue extension; . Transfer of lands for Longworth Avenue, from the westerly most boundary of S-C 2004-004 to Clarington Boulevard; · Transfer of 5.00 m road widening on the east side of Green Road along the full frontage of the lands owned by 1613881 Ontario Inc.; . Transfer of parkland on the east side of Green Road on the lands owned by 1613881 Ontario Inc; · Transfer of Open Space lands on the east side of Green Road; · Transfer of Open Space lands on the west side of Green Road, north of Longworth Avenue; · An option to purchase lands for an elementary school on the west side of Clarington Boulevard including appropriate access and servicing; and · The construction of Prince William Boulevard from its current terminus to Regional Road 57. 10. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval prior to the execution of a subdivision agreement. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time and the Community Theme Plan and Urban Design Implementation Plan as approved. 11. . The Owner shall submit a detailed Tree Preservation Plan to the satisfaction of the Director of Engineering Services and the Director of Planning Services. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. Changes to the final plan may be required to accommodate tree preservation needs. 12. The Owner agrees to provide a revised On-Street Parking Plan to the satisfaction of the Director of Engineering Services. The on-street parking plan must meet the approved on-street parking criterion. Conditions of Draft Approval (S-C-2004-004) Page 2 13. The Owner shall prepare an Internal Road Network Review to assess the traffic movements within the Plan of Subdivision and identify areas where traffic calming may be required. The study shall includes the recommendations of the on-street parking plan and recommends the appropriate measures to be used, such as textured asphalt, bump outs or landscaping measures. This study shall be prepared to the satisfaction of the Director of Engineering Services and Director of Planning Services. 14. The Owner shall prepare an Environmental Sustainability Plan for approval by the Director of Planning Services and the Director of Engineering Services. This plan must be approved by the Municipality of Clarington, and shall identify specific measures on how development in Plan S-C-2004-004, will ensure the protection, conservation and enhancement of air, water, and ecological features and functions, energy and other resources including heritage resources. As a minimum, the report shall address; i) Energy conservation measures for new homes, such as the construction and operation of new residential building to a minimum rating of 80 or more in accordance with Natural Resources Canada "EnerGuide for New Houses" or equivalent certification system; ji) "Solar Ready" construction that allows for the future installation of solar panels in each dwelling; iii) Water conservation measures for new homes such as the Water Sense program or equivalent program; iv) Use of local and environmentally friendly materials or finishes In the dwellings; v) Construction of waste management plan to optimize the use of buildings and reduce waste generated; vi) The preparation of a Green Initiative hand-book on educating homeowners on the maintenance and performance of the home and its effects on the community. 15. The Owner shall prepare a Community Theme and Urban Design Implementation Plan to the satisfaction of the Director of Planning Services and the Director of Engineering Services. This Plan shall identify how design principles for the public realm as contained in the Brookhill Secondary Plan and the Urban Design Guidelines will be implemented, including but not limited to gateway treatments, landscape treatments, pedestrian connections lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. The report will detail specific implementation standards. Conditions of Draft Approval (S-C-2004-004) Page 3 16. The Owners shall be 100% responsible for the cost of preparing Architectural Design Guidelines specific to this development for the private realm implementing the Brookhill Secondary Plan and the Urban Design Guidelines. The Owner will be 100% responsible for the cost for the control architect to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 17. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time as the architectural control guidelines and the exterior architectural design of each building has been approved by the Control Architect and the Director of Planning Services. 18. The Owner agrees to apply for Site Plan approval and enter into a Site Plan Agreement with the Municipality of Clarington for the development of Lots 186 to 191. The dwellings on these lots shall require high quality architectural design and lots shall have upgraded landscaping design. Only detached garage located in the rear yards will be permitted on Lots 187 to 190. 19. The Owner agrees to undertake specific design for the dwelling situated on Lot 37. The design shall be approved by the Control Architect and the Director of Planning Services. 20. The subdivision shall be developed in phases by more than one registration. The Owner shall submit plans showing the proposed phasing to the Directors of Engineering Services, Planning Services and Finance for approval. Block 270, Park Block shall be included within the limits of the registration of Phase 1. A copy of the approved Phasing Plan shall be provided to the Region of Durham. The Municipality shall require the preparation of a separate subdivision agreement for each phase of the development. 21. The Stormwater Management Facility for this draft plan is located on the east side of Green Road. Prior to execution of the Subdivision Agreement the exact limits of the lands for the Stormwater Management Facility including the clean water channel must be determined by the Director of Engineering Services upon completion of an Environmental Impact Study for the Brookhill Tributary. The limits of this facility shall be identified by a reference plan and must be secured in manner acceptable to the Director of Engineering Services and the Municipality's Solicitor. The Stormwater Management Facility must be adequately sized to provide the level of quality and quantity control required to service these lands. The Owner agrees to construct the Stormwater Management Facility including the clean water channel in a manner acceptable to the Director of Engineering. Any costs associated with the culvert under Green Road connecting the clean water pipe to the cold water channel will be 100% the responsibility of the Owner, 22. Prior to execution of the Subdivision Agreement or any other agreement, including but not limited to rough grading or pre-servicing, the Owner shall provide to the Director of Engineering Services, written permission from adjacent Conditions of Draft Approval (S-C-2004-004) Page 4 private property owner(s) to carry out any grading on private property. This permission must be obtained in writing in a manner satisfactory to the Director of Engineering Services and the Municipal Solicitor. 23. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 24. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement. 25 The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 26. The phasing of this draft plan will be restricted by the number of external accesses that are available and the external capital works which have been approved by Municipal Council. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permits in any single phase of the development will be at the discretion of the Director of Engineering Services. 27. The Owner agrees to construct in conjunction with Phase 1 Brookhill Boulevard from Boswell Drive to Green Road at 100% Owners cost as directed by and to the satisfaction of the Director of Engineering Services. The Owner will be 100% responsible for the costs associated with providing full municipal services including but not limited to sidewalks, illumination, and associated landscaping to accommodate development on the south side of Brookhill Boulevard. 28. The Owner shall convey Blocks 270 to the Municipality of Clarington for park or other public recreational purposes. The Owner agrees that Block 270 is less than 5% parkland dedication or 1 hectare per 300 dwelling units specified in the Planning Act.. Dedication of additional parkland shall be in accordance with the provisions of the Memorandum of Understanding. 29. The Owner acknowledges that development of the parkette, being Block 270 is not within Municipality of Clarington's capital budget. Development cannot proceed uhtil such time as the Municipality has approved expenditures of funds for the development of the parkette in its capital budget and which have been included in the Municipality's Development Charges By-law and deemed necessary by the Director of Engineering Services and Director of Finance for this development. Conditions of Draft Approval (S-C-2004-004) Page 5 Should the Owner wish to proceed in advance of the approval by the Council of the Municipality of Clarington, for the expenditures for the works required by the Director or Engineering Services, the Owner shall be 100% responsible to construct the park (Block 270) in its entirety. The Owner shall retain a qualified Landscape Architect to undertake the preparation of a detailed park concept plan, followed by the preparation of park construction drawings and specifications all to be approved by the Director of Engineering Services. The park construction drawings shall clearly indicate all park grading, equipment and facilities. Park facilities to be included in Block 270 shall include, but not be limited to: . Water play area with rubberized surface · traditional playground with equipment suitable for junior and senior age children . hard surface play court (i.e. basketball, ball hockey) . shade structure . park furniture such as benches, picnic tables, waste containers, bike racks as appropriate . paved walkways connecting various park features to surrounding streets . walkway lighting . tree and shrub planting as appropriate . park sign . sidewalk through the park . park entirely sodded. 30. The Owner agrees to commence construction of the park in Block 270 prior to issuance of 15151 building permit. The Owner agrees to complete the park construction in accordance with the approved construction drawings and specifications prior to the issuance of the 200lh building permit. 31. The Owner shall implement a tree planting program for all lots in accordance with the guidelines to be established or terms approved by the Municipality. 32. All lots which do not have frontage on a completed section of roadway will be placed on hold with no building permits issued until such time as these roads have been constructed. Alternatively, a temporary turning circle can be provided with suitable easements for snow storage. Lots fronting the temporary turning circle will remain frozen until such time as the roads are extended and constructed to a finished urban profile including Regional services, asphalt paving, curbs and gutter, sodded boulevard and sidewalk. Release of building permits for designated "frozen lots" will be determined by the Director of Engineering Services. 33. The Owner shall be 100% responsible for the costs associated with the removal of the temporary turning circle at the north terminus of Boswell Drive and the construction of the Boswell Drive to a full urban profile including full municipal services, asphalt paving, curbs, gutters, sodded boulevard, sidewalks and illumination. Conditions of Draft Approval (S-C-2004-004) Page 6 34. The Owner shall be 100% responsible for the costs of installing fencing in the location specified in accordance with Municipal specifications standards and policies, to the satisfaction of the Director of Engineering Services. 35. Prior to registration of any portion of the subject draft plan the owner must demonstrate how perpetual maintenance of any blocks identified as "Part Lots or Blocks" will be undertaken. All part lots will be pre-serviced with water, sanitary and storm sewers. 36. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 37. That the Owner shall retain a Professional Engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 38. All works shall be constructed in accordance with the Municipality of Clarington standards. 39. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 40. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 41. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Engineering Services to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 42. The Owner agrees that where the well or private water supply of any person is interfered with as a result of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 43. Prior to final approval, the Regional Municipality of Durham shall be satisfied that any existing wells on the property have been decommissioned in accordance with applicable Ministry of Environment standards. Conditions of Draft Approval (S-C-2004-004) Page 7 44. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 45. That the Owner shall provide the Municipality, unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 46. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act if any are required to be paid by the Owner. 47. Prior to final approval, the proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Culture, an archaeological assessment of the entire property, and mitigate through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 48. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit to, and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: i) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. The stormwater techniques/facilities must be designed and implemented in accordance with the Brookhill Subwatershed Study. The submitted report shall address all lands which will drain to the proposed stormwater facility. ii) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and iii) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Federal Fisheries Act; and Conditions of Draft Approval (S-C-2004-004) Page 8 49. Prior to site grading, construction, or registration of the plan, the applicant shall complete the Environmental Impact Study for the lands east of Green Road in order to determine the top of bank for the proposed Stormwater Management Facility including the clean water channel. The EIS shall be undertaken in accordance with the requirements and recommendations of the Brookhill Neighbourhood Subwatershed Study. 50. The applicant shall submit for review and approval a restoration/enhancement plan for the Brookhill tributary, which is in accordance with the requirements and recommendations of the Brookhill Tributary Subwatershed Study and the Environmental Impact Study. 51. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing fees and Technical Review fees owing as per the Approved Authority Fee Schedule. 52. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: i) the Owner agrees to carry out the works to the satisfaction of the Central Lake Ontario Conservation Authority. ii) the Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner acceptable to the Central Lake Ontario Conservation Authority. iii) the Owner agrees to advise the Central Lake Ontario Conservation Authority, 48 hours prior to the commencement of grading or the initiation of anyon-site works. 53. The Owner agrees to furnish to the Central Lake Ontario Conservation Authority, a copy of the fully executed subdivision agreement with the Municipality 54. The Owner shall submit to the Municipality of Clarington and Regional Municipality of Durham, for review and approval, an updated noise report, based on the preliminary Noise Impact Study, prepared by Sernas Associates September 2008, Project No. 08314. The study shall be based on projected traffic volumes provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. Conditions of Draft Approval (S-C-2004-004) Page 9 55. The Owner is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all affected utility providers and the Director of Engineering Services. 56. The Owner shall grade all streets to final elevation prior to the installation of the services and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of local utility provider and to the Director of Engineering Services. 57. The Owner is hereby advised that prior to commencing any work within the Plan, the Owner must confirm that sufficient wire-line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the Owner is hereby advised that the Owner may be required to pay for connection to and/or extension of the existing communication/telecommunication infrastructure. If the Owner elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the Owner shall be required to demonstrate to the Municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of the communication/telecommunication services for emergency management services (Le., 911 Emergency Services). 58. The Owner shall agree to provide easements that may be required for telecommunications services to the satisfaction of the service provider and the Director of Engineering Services. Easements may be required subject to final servicing decisions. 59. The Owner shall provide for the extension of such sanitary sewer and water . supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 60. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. Conditions of Draft Approval (S-C-2004-004) Page 10 61. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 62. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: i) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act. ii) The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Conservation Authority. iii) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: "Students from this area may have to attend existing schools. Although a public elementary school site has been identified within the Brookhill Neighbourhood; the school may not be built for some time, if at all, and then only if the Ministry of Education authorizes funding and construction of this required schooL" "Homeowners adjacent to the neighbourhood park are responsible for snow removal from the sidewalk adjacent to the property" "Purchasers and tenants notified that there are existing farming and greenhouse operations nearby and that they will not object, complain or seek legal action against such nuisances as noise, odour and illumination from the near by green houses resulting from these operations" iv) Owner agrees to implement those noise control measures recommended in the Noise Report. 63. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: i) Regional Municipality of Durham, how Conditions 2, 23, 43, 44, 54, 59, 61, and 62 have been satisfied; ii) Central Lake Ontario Conservation, how Conditions 48, 49, 50, 51 and 52, have been satisfied; Conditions of Draft Approval (S-C-2004-004) Page 11 iii) Enbridge Gas Distribution Inc., how Conditions 55, and 56 have been satisfied; iv) Bell Canada, how Conditions 57 and 58 have been satisfied; and v) Ministry of Culture, how Condition 47 has been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within six years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. The Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, UH 3T3 (905) 579-0411. ii) Kawatha Pine Ridge District School Board, Peterborough Ontario K9J 7M3 iii) Regional Municipality of Durham, 605 Rossland Road East, 4th Floor Whitby Ontario UN 6A3 iv) Enbridge Gas Distribution Inc. 500 Consumers Road, North York, Ontario, M2J 1 P8 v) Bell Canada, Development and Municipal Services Control Centre, Floor 5,.100 Borough Drive, Scarborough Ontario M1 P 4W2 vi) The Ministry of Culture, Culture Programs Unit, 400 University Avenue, 4th Floor Toronto, Ontario M7A 2R9. Conditions of Draft Approval (S-C-2004-004) Page 12 ATTACHMENT 5 TO REPORT PSD-111-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former of Town of Newcastle for ZBA 2004-049; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of Clarington enacts as follows: By-law 84-63, as amended, is hereby further amended, as follows: 1. Section 26 "INTERPRETATION" is hereby amended by adding the following new Section 26.4 as follows and renumbering existing Sections 26.4 to 26.6 inclusive. On occasion, the zone symbol on the schedules may be followed by one or more letters and numbers enclosed in brackets. The information provided in the brackets indicates the maximum number of units permitted within the boundary of the zone limits. The maximum total numbers of units permitted is indicated by the letter "T" followed by a number. For example, "R1 (T: 0.65)" indicates that a maximum of 65 units may be developed. 2. Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE (R1) ZONE" is hereby amended by adding new Special Exceptions as follows: "SECTION 12.4.79 URBAN RESIDENTIAL EXCEPTION (R1-79) ZONE Notwithstanding Sections 3.1 g.; j. i) and iv); 3.16 i. iv); 3.22; 12.1; 12.2 a); b); c); d) i), ii), iii), f); h); i), those lands zoned R1-79 on the Schedules to this By-law shall only be used for single detached and linked dwellings, subject to the following zone regulations: a. For the purpose of this Section, the term: Dwelling, Linked shall mean a building separated vertically into two separate dwelling units, which are horizontally connected at the footing, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. b. Lot Area (minimum) i) single detached dwellings with minimum of 11.6 metre frontage 345 square metres ii) single detached dwellings with minimum of 12.8 metre frontage 380 square metres iii) linked dwellings 585 square metres c. Lot Frontage Interior (minimum) i) single detached dwelling 11.6 metres ii) single detached dwelling 12.8 metres iii) linked dwellings 19.6 metres d. Lot Frontage Exterior (minimum) i) single detached dwelling 14.5 metres ii) linked dwellings 22.2metres e. Yard Requirements for single detached dwellings (minimum) i) front or exterior side yard 6.0 metres to the garage; 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 6.0 metres to the garage; 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) interior side yard 1.2 metres on one side and 0.6 metres on the other side f. Yard Requirements for linked dwelling (minimum) i) front or exterior side yard 6.0 metres to the garage; 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 6.0 metres to the garage; 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) interior side yard 1.2 metres g. Special Yard Regulation i) notwithstanding the interior side yard requirements above, a linked dwelling connected by the footing shall have a horizontal distance between the interior walls of the two (2) dwelling units above finished grade between 1.2 metres and 1.5 metres. ii) Bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. iii) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. iv) Visibility Triangle (minimum) 5.0 metres h. Lot Coverage (maximum) i) 1 Storey a) Dwelling b) Total of all buildings and structures 50 percent 55 percent ii) All other residential dwellings a) Dwelling b) Total of all buildings and structures 45 percent 50 percent iii) Notwithstanding the above lot coverage proVIsion, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be p..:'rmitted subject to the following: a) in the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage i. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre j. Height (maximum) i) 1 storey ii) all other residential units 8.5 metres 12.5 metres k. Linked dwelling driveway width (maximum) 4.6 metres I. Garage Requirements all garage doors shall not be located any closer to the street line than the dwellings front wall or exterior wall or covered porch projection. 3. Section 14.6 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE (R3) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 14.6.37 URBAN RESIDENTIAL EXCEPTION (R3-37) ZONE Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.; e.; g.; and h. those lands zoned R3-37 on the Schedules to this By-law shall only be used for single detached; semi-detached dwellings, and street townhouse dwellings having frontage on both a public lane and a public street, subject to the following: a. For the purposes of this Section, the terms Dwelling, Semi Detached shall mean a building separated vertically into two separate dwelling units, connected by a common wall,each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. Lane, Public shall mean a street or road under the jurisdiction of the Corporation of the Municipality of Claringtor, having a right of way width of 10 metres or less which is maintained so as to allow normal vehicular access to garages and parking spaces on adjacent properties throughout all seasons of the year. b. Single detached dwellings shall be permitted as follows: i) lot area (minimum) ii) lot frontage (minimum) c. Semi-detached shall be permitted as follows: i) lot area (minimum) ii) lot frontage (minimum) d. Street townhouse dwelling shall be permitted as follows: i) lot area (minimum) ii) lot frontage (minimum) 225 square metres 7.5 metres 400 square metres 13.4 metres 180 square metres 6.1 metres e. Yard Requirements (minimum) i) front yard or exterior side Yard - abutting a road allowance that is 20 metres wide or less 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) front or exterior side yard - abutting a road allowance that is 23 metres wide or greater iii) interior side yard (minimum) a) single detached dwelling 4.0 metres to dwelling; 2.0 metres to the unenclosed porch; b) semi-detached dwelling 1.2 metres on one side and 0.6 metres on the other side 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-37 zone c) townhouse dwelling unit 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-37 zone iv) rear yard a) dwelling to a public lane b) garage to a public lane 13 metres 1 .0 metres f. Special Yard Regulation i) separation between dwelling and garage on the same lot a minimum of 6 metres. ii) a detached private garage may have a 0.0 metre side yard setback where the detached garage has a common wall with another private garage on an adjacent lot located in the R3-37 zone. iii) bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. iv) steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. g. Visibility Triangle (minimum) 5.0 metres h. Lot Coverage (maximum) i) single and semi-detached dwelling 40 percent ii) single and semi-detached dwelling and total of all buildings and structures 50 percent iii) townhouse dwelling 45 percent iv) townhouse dwelling and total of all buildings and structure 55 percent v) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage I. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre. j. Height (maximum) 12.5 metres k. No parking space shall be located in any front or exterior side yard. 4. Section 14.6 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE (R3) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 14.6.38 URBAN RESIDENTIAL EXCEPTION (R3-38) ZONE Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.; e.; g.; and h; and 14.4. those lands zoned R3-38 on the Schedules to this By-law shall only be used for single detached; semi-detached dwellings, and street townhouse dwellings having frontage only on a public lane, subject to the following: a. For the purposes of this Section, the term Dwelling, Semi Detached shall mean a building separated vertically into two separate dwelling units, connected by a common wall, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. Lane, Public shall mean a street or road under the jurisdiction of the Corporation of the Municipality of Clarington, having a right of way width less than 10m which is maintained so as to allow normal vehicular access to garages and parking spaces on adjacent properties throughout all seasons of the year. b. Single detached dwellings shall be permitted as follows: i) lot area (minimum) ii) lot frontage (minimum) 225 square metres 7.5 metres c. Semi-detached dwelling shall be permitted as follows: i) lot area (minimum) ii) lot frontage 400 square metres 13.4 metres d. Street Townhouse dwellings shall be permitted as follows: i) lot area (minimum) ii) lot frontage 180 square metres 6.1 metres e. Yard Requirements (minimum) i) front yard a) dwelling b) garage ii) interior side yard (minimum) a) single detached dwelling 13 metres 1.0 metres 1.2 metres on one side and 0.6 metres on the other side b) semi-detached dwelling 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-38 zone c) townhouse dwelling unit 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-38 zone iii) exterior side yard 3.6 metres to dwelling; 1.5 metres to the unenclosed porch iv) rear yard 3.0 metres to dwelling; 1.2 metres to the unenclosed porch f. Special Yard Regulation i) separation between dwelling and garage on the same lot a minimum of 6 metres ii) a detached private garage may have a 0.0 metre side yard setback where the detached garage has a common wall with another private garage on an adjacent lot located in the R3-38 zone. iii) bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. iv) steps may project into the required rear or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. g. Visibility Triangle (minimum) h. Lot Coverage (maximum) i) dwelling ii) total of all buildings and structures 5.0 metres 40 percent 55 percent iii) notwithstanding the above lot coverage provIsion, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. h. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre i. Height (maximum) 12.5 metres 5. "14.6.39 URBAN RESIDENTIAL EXCEPTION (R3-39) lONE: Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3; a.; b.; C.; e.; g.; and h; and 14.4. those lands zoned R3-39 shown on the Schedules to this By-law shall only be used for linked dwellings and street townhouse dwellings, subject to the following zone regulations: a. For the purposes of this Section, the terms: Dwelling, Linked shall mean a building separated vertically into two separate dwelling units, which are horizontally connected at the footing, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. Lot Area (minimum) i) linked dwelling ii) townhouse dwelling 585 square metres 185 square metres b. Lot Frontage Interior (minimum) i) linked dwelling ii) townhouse dwelling 19.6 metres 6.6 metres c. Lot Frontage Exterior (minimum) i) linked dwelling ii) townhouse dwelling 22.2 metres 10.0 metres d. Yard Requirements (minimum) i) front or exterior side yard 6.0 metres to the garage, 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 3.6 metres to dwelling; 1.8 metres to the unenclosed porch ii) interior side yard 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-39 zone iii) rear yard 7.5 metres e. Special Yard Regulation i) notwithstanding the interior side yard requirements above, a linked dwelling connected by the footing shall have a horizontal distance between the interior walls of the two (2) dwelling units above finished grade between 1.2 metres and 1.5 metres. ii) on a corner lot where an attached garage door is accessed over the exterior lot line, the minimum required rear yard may be reduced to 1.2 metres; iii) on a corner lot where an attached garage door is accessed over the exterior lot line, air conditioning and heat exchange units shall be permitted within that portion of the yard located between the dwelling and the garage, provided that such units do not encroach into the required exterior yard setback; iv) on a corner lot where an attached garage door is accessed over the exterior lot line, a deck may be located within the exterior side yard provided that the deck complies with the greater of the minimum exterior side yard requirement applicable to the dwelling units or the actual side yard measured between the property line and the dwelling face. v) bay windows with foundations may project into any required front yard or exterior side yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres. vi) steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. vii) visibility triangle (minimum) 5.0 metres f. Lot Coverage (maximum) i) dwelling 50 percent ii) total of all buildings and structures 55 percent iii) notwithstanding the above lot coverage provISion, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 12.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 20.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage g. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre h. Height (maximum) i) 1 storey ii) all other residential units 8.5 metres 12.5 metres i. Driveway Width (maximum) i) interior lot ii) exterior lot 4.6 metres 6.0 metres j. Garage Requirements all garage doors shall not be located any closer to the street line than the dwellings front wall or exterior wall or covered porch projection 6. Schedule 3D and 3G to By-law 84 63 as amended is hereby further amended by changing the zone designation from: o.~~ _. Agricultural 'A' to Holding Urban Residential Exception ((H) R1) Zone Agricultural 'A' to Holding Urban Residential Exception ((H) R1-79) Zone Agricultural 'A' to Holding Urban Residential Exception ((H) R3-37) Zone Agricultural 'A' to Holding Urban Residential Exception ((H) R3-38) Zone Agricultural 'A' to Holding Urban Residential Exception ((H) R3-39) Zone 7. Schedule 'A' attached hereto shall form part of this By-law. 8. This By law shall come into effect on the date of the passing hereof subject to the provisions of Section 34 and 36 of the Planning Act BY LAW read a first time this day of November 2009 BY LAW read a second time this day of November 2009 BY LAW read a third time and finally passed this day of November 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2009- passed this day of ,2009 A.D. BLOCK 272 ROAD WIDENING O.~06ha IV )j ----- L ----- ---- ADDITION L LANDS OWNED ;--------. Jim Abernethy, Mayor ~ Zoning Change Frorn "A" To "R1" Eill] Zoning Change Frorn "A" To "(H)R1-79" ~ Zoning Change Frorn "A" To "(H)R3-37" IIImI Zoning Change Frorn "A" To "(H)R3-38" ~ Zoning Change From "A" To "(H)R3-39" Patti L. Barrie, Municipal Clerk ATTACHMENT 6 TO REPORT PSD-111-09 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009 - being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2004-004 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality in respect of S-C-2004-004 WHEREAS Council on October 23, 2009 approved Draft Approved Plan of Subdivision S-C-2004-004 located in Part Lot 17, Concession 2, former Township of Darlington and authorized the execution of a Subdivision Agreement with the Owner; AND WHEREAS the Owner(s) of Draft Plan of Subdivision S-C-2004-004 is now ready to proceed to finalize the Subdivision Agreement NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby autho:"ized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an Agreement between the Owner(s) of Plan of Subdivision S-C-2004-004. 2. THAT the Mayor and Clerk be hereby authorized to accept, on behalf of the Municipality of Clarington, the said conveyances of Lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally approved this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT 7 TO REPORT PSD-111-09 SUMMARY Memorandum of Understanding Between Players Business Park Ltd., West Diamond Properties Inc. & 1613881 Ontario Inc. (PW Group) & The Corporation of the Municipality of Clarington 1.0 BACKGROUND 1.1 Players Business Park Ltd. ("Players") and West Diamond Properties Inc. ("West Diamond") together with a related company 1613881 Ontario Inc. ("1613881") own the majority of the lands within the Brookhill neighbourhood south of the planned extension of Longworth Avenue from Regional Road 57 to the west limit of the Players and West Diamond lands identified in draft plan of subdivision S-C-2004-004. A public school site, neighbourhood park, a neighbourhood parkette, the Brookhill Tributary open space, as well as the west stormwater management pond, clean water channel and outfalls which. accommodate the proposed plan of subdivision of Players and West Diamond (west of Green Road) are located on lands owned by 1613881 (east of Green Road). In addition, part of the land required for the planned extension of Brookhill Boulevard from Green Road to Regional Road 57, part of the land required for the extension of Clarington Boulevard to the planned extension of Longworth Avenue as well as part of the land required for the Longworth Avenue extension are located on lands owned by 1613881. 1.2 A copy of the Infrastructure Plan showing these areas, facilities and roads is attached. It is consistent with the Brookhill Secondary Plan as modified (OPA 60). It shows the inter- relationship of the development of the lands in the Brookhill Neighbourhood both west and east of.Green Road and south of the planned Longworth Avenue extension. 1.3 Much of the infrastructure required by the Brookhill Neighbourhood Secondary Plan to support the development of the Neighbourhood south of the planned extension of Longworth Avenue is located between Green Road and the extension of Clarington Boulevard on lands owned by 1613881. 1613881 has not applied for approval for a draft plan of subdivision of any part of.its lands as yet. As a result, the roads, Brookhill Tributary open space areas, neighbourhood park, neighbourhood parkette, school site, west stormwater pond, clean water channel and outfalls including necessary works for the development of the lands west of Green Road cannot be dealt within as conditions of approval of a draft plan of subdivision or subdivision agreement of the whole or part of the lands owned by 1613881. However. the west stormwater pond, clean water channel and outfalls are necessary for the development of the Players and West Diamond lands located west of Green Road as is the extension of Prince William Boulevard to Regional Road 57. They will be provided for in the subdivision agreement respecting the lands west of Green Road as external and stormwater management facilities and roads. 1.4. The Memorandum of Understanding ("MOU") if approved by Council will be a contract between the Municipality, Players, West Diamond and 1613881 which will control key elements of the development of 1613881's lands related to development of the Players and West Diamond lands on the west side of Green Road in order to achieve applicable goals and objectives of the Brookhill Secondary Plan (OffiCial Plan Amendment No. 60 as modified) particularly those related to the provision of necessary supporting infrastructure. A copy of the recommended MOU may be examined in the Planning Services Department. 2.0 KEY ELEMENTS OF THE MEMORANDUM OF UNDERSTANDING 2.1 Road Infrastructure The MOU provides for the transfer of lands for the collector roads, (the Brookhill Boulevard Extension and the Clarington Boulevard Extension) as well as the Type C arterial road (Longworth Avenue Extension). It also provides for their construction and the security that is to be deposited with the Municipality as a guarantee of the performance of the obligations of Players, West Diamond and 1613881 (referred to collectively as the "PW Group"). Further, the MOU provides for the transfer of land and construction of the extension of Prince William Boulevard to Regional Road 57 in order to alleviate traffic conditions at the intersections of Green Road, Clarington Boulevard and Regional Road 57 with Durham Highway No. 2 that otherwise could result from development of the Players and West Diamond lands west of Green Road having regard to the delay in constructing a grade separation at Green Road and the CPR tracks. 2.2 Brookhill Boulevard Extension In the case of the Brookhill Boulevard Extension from Green Road to the east limit of the lands owned by 1613881, the required land is to be transferred to the Municipality on or prior to the registration of a plan of subdivision for the first phase of development of the lands owned by Players and West Diamond west of Green Road. The construction of it at the cost of the PW Group is to begin within 90 days following the occurrence of the Trigger Date. The Trigger Date is 5 years following the earlier to occur of the registration on title of any part of the draft plan of subdivision of the lands owned by Players and West Diamond west of Green Road and the registration on title of the first plan of subdivision of any part of the lands owned by 1613881 between Green Road and the westerly boundary of the Brookhill Tributary lands. The PW Group is required to apply for an Authorization to Commence Works within ninety days following the Trigger Date and to deposit a performance guarantee with the Municipality. The Trigger Date will be extended one year if a minimum of 500 building permits have not been issued on lands west of the Brookhill Tributary including lands within the Players and West Diamond draft plan of subdivision and the residential lands west of Green Road and south of Brookhill Boulevard prior to the occurrence of the 5 year Trigger Date. Any further extension will require an amendment to the MOU. This complex formula provides reasonable protection to Player, West Diamond and 1613881 in these uncertain economic times if economic conditions worsen. In the circumstances, it is fair. 2.3 Clarinaton Boulevard Extension The Clarington Boulevard Extension is proposed to straddle the east property line of the lands owned by 1613881 north of the Brookhill Boulevard Extension to the Longworth Avenue Extension with the result that half of the alignment will be on lands owned by 1613881 and half will be located on the lands owned by others to the east who are not parties to the MOU, In the case of the portion of the Clarington Boulevard Extension located on the lands owned by 1613881, lands for the required alignment (iocated exclusively on 1613881's lands) are to be transferred to the Municipality in two sections. The first section from the southerly boundary of 1613881's lands to the northerly boundary of Brookhill Boulevard is to be transferred at the same time as the lands for the Brookhill Boulevard Ext~nsion. The second section located on 1613881's lands from the Brookhill Boulevard Extension to the Longworth Avenue Extension is to be transferred on or prior to the registration of the first plan of subdivision of any part of 1613881 's lands east of the Brookhill Tributary lands. Construction of the portion. of The Clarington Boulevard Extension located on 1613881's Lands is related to the approval of a draft plan of subdivision for any part of 1613881's lands located east of the Brookhill Tributary. Provision is made for construction of it to be staged. Provision is also made for the transfer of temporary easements for access and necessary services in the event that the Clarington Boulevard Extension has not been constructed to reach the iocal street abutting the neighbourhood park and school site in the south-west quadrant of the Clarington Boulevard Extension and the Longworth Avenue Extension when the total number of residential units existing or for which building permits have been issued in the Brookhill Neighbourhood equals or exceeds 850. 2.4 Lonaworth Avenue Extension In the case of the Longworth Avenue Extension from the westerly limit of the Players and West Diamond lands to the easterly limit of 1613881's lands, the land required will be transferred to the Municipality when the final alignment of the road has been determined through the Environmental Impact Study ("EIS") process that is now under way, the approval of plans of subdivision that include portions of the right-of-way; or through an Environmental Assessment which the Municipality of Clarington will undertake at ~s cost pursuant to the Environmental Assessment Act. The road will be constructed at the cost of the PW Group following a notice given by the Director of Engineering Services following consideration of a transportation analysis that he has determined that the Longworth Avenue Extension and the Structure for the Brookhill Tributary crossing must be constructed in order to deal effectively with traffic operations andlor safety issues identified in the analysis. The Structure is to be constructed at the cost of the Municipality. 2.5 Prince William Boulevard Extension Currently. Prince William Boulevard is. constructed from Green Road to Pethick Street. The MOU provides for its extension from Pethick Street to Regional Road 57. The land required for the extension together with 0.3 metre reserves are to be transferred to the Municipality on or prior to the registration on title of a plan of subdivision for the first phase of development of the Players and West Diamond lands located west of Green Road. The required land is owned by a numbered company which is a member of the Kaitlin Group. Players and West Diamond are responsible to obtain the transfer to the Municipality and for the cost of construction of the extension to a rural profile. The MOUprovides that Players and West Diamond will not permit the occupancy of any dwelling on their lands west of Green Road that is within draft plan of subdivision S-C-2004-004 until the extension is completed. 2.6 Parks and ODen SDace The neighbourhood park and the neighbourhood parkette on the lands owned by 1613881 are to be transferred to the Municipality for a nominal consideration on or prior to the later to occur of the registration of a plan of s.ubdivision of any part of 1613881's land, ninety days after the final approval of the EIS for the adjacent Brookhill Tributary lands, and ninety days after the approval of the final alignment for the Longworth Avenue Extension under the Environmental Assessment Act. A park development concept plan for the park will be prepared by the PW Group. The cost of construction of the parkette and park will be the responsibility of the Municipality. The Brookhill Tributary lands between Regional Road 57 and the future Longworth Avenue extension are being examined through the ErS. A Naturalization Plan will also be prepared by the PIN Group pursuant the Brookhill Secondary Plan. The MOU provides for the Municipality to have the option to purchase the portion of the Brookhill Tributary located on 1613881's lands south of the Longworth Avenue Extension for a nominal consideration at a time selected by the Municipality. However, that time cannot 'be earlier than the day which is twelve months after the day on which the final alignment of the Longworth Avenue Extension is determined. The PW Group will pay the Municipality $100.000 to be spent in its discretion on the Brookhill Tributary lands to be transferred to the Municipality to implement recommendations of the Naturalization Plan and/or the applicable ErS as finally approved. Payment is to be made on or prior to the registration on title of a plan of subdivision for the first phase of development of the Players and West Diamond lands west of Green Road. Provision is made for the transfer of the Provincially Significant Wetlands and required buffer on the Players and West Diamond lands north of the planned Longworth Avenue Extension and west of Green Road to the Municipality for a nominal consideration when the EIS is finally approved and the final alignment of the Longworth Avenue Extension has been determined. 2.7 Other Matters The MOU provides for its unwinding if the planning documents dealt with in this Report are not approved or enacted by the Ontario Municipal Board on or prior to March 31, 2010. The MOU also contains a number of other provisions designed to protect the Municipality's interests including a provision for the payment of the cash value of an under-dedication of the land for park or other pUblic recreational purposes which is to be determined when the last draft plan of subdivision for the Players and West Diamond lands (west of Green Road) and the last plan of subdivision for the portion of the 1613881- s lands located east of Green Road and south of the northerly boundary of the final alignment of the Longworth Avenue Extension, are approved. If there has been an over- dedication of land for park or other public recreational purposes, the cash value of the over-dedication is to be paid by the Municipality to the PW Group. In either case, the payment is to be made on registration of the first of the plans of subdivision to be registered. ATTACHMENT e TO REPORT PSD-111-0~ THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009-_ being a by-law to authorize the execution of the Memorandum of Understanding between Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington. WHEREAS Council on March 24th, 2008 recommended to the Region of Durham approval of Official Plan Amendment No. 60 to the Clarington Official Plan; AND WHEREAS Amendment No. 60 was appealed to the Ontario Municipality Board in August 10, 2008; AND WHEREAS the Council )n October 26, 2009, requested the Ontario Municipal Board approve modifications to Amendment No. 60; AND WHEREAS at their meeting on held on November 23, 2009 Council of the Municipality of Clarington approved Draft Approved Plan of Subdivision S-C 2004-004 and Zoning By-law Amendment 2004-049 as they apply to certain lands owned by Players Business Park Ltd and West Diamond Properties Inc.; NOW THEREFORE THE CORPOHATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation seal, the Memorandum of Understanding between Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington. 2. THAT the Memorandum of Understanding agreement attached hereto as Schedule "A" forms part of this by-law. By-law read a first and second time this day of November 2009 By-law read a third time and finally passed this day of November 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT ~ TO REPORT PSD-111-0~ THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009-_ being a by-law to authorize the execution of the Postponement Agreement between the Royal Bank of Canada, Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington. WHEREAS Council on March 24th, 2008 recommended to the Region of Durham approval of Official Plan Amendment No. 60 to the Clarington Official Plan; AND WHEREAS Amendment No. 60 was appealed to the Ontario Municipality Board on August 10, 2008; AND WHEREAS Council on October 26, 2009, requested the Ontario Municipal Board approve modifications to Amendment No. 60; AND WHEREAS at their meeting on held on November 23, 2009 Council of the Municipality of Clarington approved Draft Approved Plan of Subdivision S-C 2004-004 and Zoning By-law Amendment ZBA 2004-049 as they apply to certain lands owned by Players Business Park Ltd and West Diamond Properties Inc.; AND WHEREAS at their meeting held on November 23, 2009 Council of the Municipality of Clarington authorized by by-law the execution of a Memorandum of Understanding between Players Business Park Limited, West Diamond Properties Inc. and 1613881 Ontario Inc.; AND WHEREAS the lands owned by Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. are subject to a mortgage in favour of the Royal Bank of Canada. NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation seal, the Postponement Agreement between the Royal Bank of Canada, Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington. 2. THAT the Postponement Agreement attached hereto as Schedule "A" forms part of this by-law. By-law read a first and second time this day of November 2009 By-law read a third time and finally passed this day of November 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ClJlr.mgtnn STAFF REPORT #4 REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, November 23, 2009 Report #: PSD-112-09 File #: RE 6.1.17, PLN 15.2.1 By-law #: Subject: OFFER OF COMPENSATION TO PORT DARLINGTON HARBOUR COMPANY RESPECTING THE EXPROPRIATION OF THE WEST BEACH LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK - PARTS 1, 2, 3, 4 ON PLAN OF EXPROPRIATION D552233 AND PARTS 1 AND 2 ON PLAN OF EXPROPRIATION DR838341 RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. That Report PSD-112-09 be adopted; 2. That an offer of a total of $775,000.00 as the market value compensation on the Valuation Date for the Port Darlington Harbour Company interest in the lands identified as Parts 1, 2, 3, 4 on Plan of Expropriation D552233 and Parts 1 and 2 on Plan of Expropriation DR838341 at the terminus of West Beach Road, Bowmanville, which have been expropriated, be approved; 3. That the Director of Planning Services be authorized to send a letter to Port Darlington Harbour Company offering it as the registered owner $775,000.00 for its interest in the expropriated lands; 4. That offers to the owners of the cottages listed in Schedule 1 (Attached), totaling $19,221.00 as the market value compensation on the Valuation Date for the leasehold interests in the lands on which the cottages on Lots 2, 5,6, 10, 15, 17, 36 and 39 on Plan 345 are located, be approved; 5. That the Director of Planning Services be authorized to send letters to the cottage owners as listed in Schedule 1 offering the owners the compensation noted on Schedule 1 for their leasehold interests in the expropriated lands; 6. That a by-law be passed to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue notices of termination to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective leases are terminated on December 31, 2010 pursuant to the Residential Tenancies Act, 2006 so that their residential units can be converted to use for a purpose other than residential purposes; 7. That payment of one year's rent, $1800.00, be made to each of the owners of the cottages listed in Schedule 1 as required by the Residential Tenancies Act, 2006; REPORT NO.: PSD-112-09 PAGE 2 8. That the Director of Planning Services be authorized to continue discussions with the owners of cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 regarding the purchase of the cottages by the Municipality and/or arrangements respecting the relocation of the cottages to other lands and report back at a later date; 9. That a by-law be passed to authorize the Municipal Clerk on behalf of the Municipality to issue notices that the leases of the residential units on Lots 1 and 11 on Plan 345 are terminated on the day that is 120 days after notice is given, ending with the last day of the tenancy or the term in question; so that these can be converted to a use for a purpose other than residential premises; 10. That Council authorize the payment of compensation to each of the tenants of the residential units referred to Recommendation 9 in amounts equal to three month's rent as required under the Residential Tenancies Act, 2006; 11. That Council pass a by-law authorizing the Municipal Clerk on behalf of the Municipality of Clarington to make applications to the Landlord and Tenant Board pursuant to the Residential Tenancies Act, 2006 to terminate the tenancies referred to in Recommendations 6 and 9 and evict the tenants; 12. That Council instruct the Director of Planning Services to advise The Andre Wiggers Construction Company Limited that any authority it may have been given by Port Darlington Harbour Company to enter into tenancy agreements respecting the expropriated lands is terminated; 13. That the Manager of Municipal Law Enforcement be instructed to take all necessary actions to have the trailer presently stored on the expropriated lands removed; 14. That the Director of Operations be authorized to demolish the buildings and structures previously owned by the Port Darlington Harbour Company and referred to in paragraph 2.13; 15. That the Director of Operations be authorized to demolish the buildings on Lots 1 and 11 when the termination and eviction orders of the Landlord and Tenant Board referred to in Recommendation 11 have been complied with; 16. That the Director of Planning Services, the Municipal Solicitor, the Municipal Clerk and the Treasurer are authorized to take all necessary actions to implement the intent of this Report; and 17. That all interested parties be notified of Council's decision. Submitted by: Reviewed by: ranklin Wu, Chief Administrative Officer tLJlt/z_ David . Crome, MCIP, R.P.P. Director of Planning Services ~ FL/DJC/sn November 17 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-112-09 PAGE 3 1.0 BACKGROUND 1.1 On June 15, 2009, Report PSD-056-09 was presented to Council recommending that Council pass a by-law approving the expropriation of Parts of Lots 9 & 10, Broken Front Concession, former Town of Bowmanville for the purposes of a district park. After having regard for the comments contained within the report, Council approved the expropriation of the owners interests in these lands by By-law 2009-081 at its June 15th meeting. 1.2 Report PSD-056-09 also recommended that Council pass a by-law to authorize the Mayor and the Clerk on behalf of the Municipality to execute an expropriation plan and authorize its registration pursuant to subsection 9(1) of the Expropriations Act; also approved on June 15th as By-law 2009-084. Expropriation plans were registered on September 10th, 2009 under the Land Titles Act and the Registry Act. 1.3 Title to the property was transferred to the Municipality on the registration of the plans by operation of law. As a result of the registration of the Plans the owner's rights were converted from rights in the lands expropriated to rights to be paid at market value on the Valuation Date for their interest in the lands. However, the Municipality must comply with Sections 25 and 39 of the Expropriations Act before it can go into possession of the lands. These require the Municipality to offer compensation to the owners of market value based on the conclusions reached by the appraiser in his retrospective appraisal report. 1.4 In accordance with the provisions of the Expropriations Act, Notices of Election were served on the registered owners on September 15, 2009. The Notice offered the owners the option to have compensation to which they were entitled assessed as of: . The date the notice of the Hearing of Necessity was served; . The date of the registration of the expropriation plan; or . The date on which they were served with the Notice of Expropriation. 1.5 Port Darlington Harbour Company (PDHC) has indicated that it has chosen the date on which they were first served with the Notice of the Hearing of Necessity being, January 14th, 2005. The Notice of Election given to PDHC had indicated a date of September 22, 2005 which was the date the Notice of Hearing under the Consolidation Hearings Act that combined the Official Plan Amendment Appeal, the expropriations of Port Darlington Harbour Company lands, Mr. Glen Ransom (66 East Beach), Tom Cauchon and Chigweyaru Agbaru (50 East Beach) and Scott Lumley (157 Port Darlington Road) was issued. The Notice of the Hearing of Necessity issued on January 14th, 2005 was terminated as a result of the hearing being consolidated under the Consolidated Hearings Act; however, it is the initial date the notice of the Hearing of Necessity was served. It has been duly selected by the registered owner (PDHC) and used by our appraiser as the Valuation Date for determining market value of the expropriated lands. 1.6 The owner of the cottage on Lot 2 on Plan 345 (Attachment 1) has chosen the date of the registration of the expropriation plans which was September 10th, 2009. 1.7 The owners of the cottages on Lots 5, 6, 10, 15, 17, 36, and 39 on Plan 345 did not respond. The Expropriation Act indicates that in such circumstances it is deemed that REPORT NO.: PSD-112-09 PAGE 4 they have elected to have the compensation assessed as of the date of the registration of the expropriation plan which was September 10th, 2009. 1.8 Copies of the signed Notices of Election are included in this report as Attachment 2. 1.9 The August, 24, 2004 appraisal report completed for the Municipality originally valued the lands at $700,000 with the proviso "As if vacant and unimproved with any buildings or structures and not inhibited by any lease agreements or contracts". The properties were evaluated in an "as is" condition, on the assumption that they were free of buildings and structures. A copy of the original appraisal report is on file with the Planning Services Department. 1.10 The appraiser has now prepared a retrospective valuation of PDHC's interest in lands at $775,000.00 as of January 14, 2005; their Valuation Date. The offer of compensation to PDHC would be for $775,000.00. A copy of the retrospective valuation is on file with the Planning Services Department. The increase in valuation from the August 24, 2004 appraisal report is based on the additional understanding the appraiser has gained with regard to the value of the land and an understanding that the ability to make use of it lies with having the existing cottages in place. "Given the rather serious environmental status and limiting land use controls on the subject property, its market value would be highly inhibited and likely reflected at nominal price levels, if it were vacant and unimproved or deemed to be vacant and unimproved". 1.11 The appraiser was also asked to determine compensation for the cottagers who have rights independent of PDHC being the cottage owners on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 and lease lands on which these cottages are located as of September 10, 2009, their Valuation Date. The cottages add intrinsic value to the land, if they were not in place, the use that could be made of the lands would be in keeping with its hazard land status and environmental significance. While the cottages remain they are habitable, once they are removed the right to rebuild them will also disappear. The valuation that the appraiser has placed on the cottages in his retrospective appraisal report is set out in Schedule 1 and totals $19,221.00 for the eight cottages not owned by PDHC. 1.12 Before taking possession of the land subsection 25(1) of the Expropriation Act requires that the expropriating authority serve upon the registered owner an offer of an amount in full compensation for the owner's interest and offer immediate payment of 100% of the amount of estimated market value. This offer should be served within 3 months of the registration of the expropriation plan (by December 10th, 2009). 2.0 COMMENTS 2.1 The West Beach Association represents the owners of the cottages on Lots 2, 5, 6, 10, 15, 36 and 39. The owners have collectively through the association and individually written Council with their requests to continue their tenure. Various suggestions have been made such as 5-year term leases; life leases for the current cottage owners and continuation of the existing annual arrangement (Attachment 3). The owner of the cottage on Lot 17 has indicated a preference for being bought out. REPORT NO.: PSD-112-09 PAGE 5 2.2 Staff met with the West Beach Association in July 2009 (Attachment 4) to explain the expropriation process that has been ongoing, hear from the cottagers as to their future desires and answer questions. Staff also met with the owner of the cottage on Lot 17 in July. The West Beach Association provided Council with the first of what they hope to be an annual report in late September (Attachment 5). 2.3 While it is the desire of many of the cottage owners to have a more permanent arrangement with the Municipality than what they have had with the PDHC, the reason that the Municipality acquired the west beach lands is to develop a district park which would include public access to the beach. It would be prudent for the Municipality to issue notices of termination to all the cottage owners to achieve this purpose. This would effectively mean that the cottage owners would have to relocate their building or vacate the site by December 31, 2010. If the buildings are not removed by that date, they can be demolished under the terms of the leases and the Residential Tenancies Act, 2006. 2.4 Each cottage owner is entitled to the right under the ground lease to relocate the cottage from the expropriated lands on the termination of the lease. A determination has not been made with regard to the relocation cost or the feasibility of relocation of his or her cottage. It is Staff's desire to continue discussions with the cottagers. In addition to the market value compensation for the ground leases, the cottagers are entitled to disturbance or relocation; however due to "the unique nature of the subject dwellings, and insufficient evidence available, [the appraiser was] not able to adequately address the issues of Disturbance or Relocation for the Land Lease tenants". The results of discussions with the cottagers and recommendations for compensation for disturbance and relocation will be the topic of a subsequent report to Council in 2010. 2.5 If a notice of termination for a ground lease is given to the owner of a residential premises so that the premises can be converted to a non-residential use in a land lease community, the Residential Tenancies Act, 2006 requires that the one year's notice ending with the end of the term of the lease be given. The landlord is required to pay the tenant as compensation the lesser of the amounts equal to one year's rent, $3000 or the "prescribed amount" whichever is greater. In the case of the cottagers on ground leases, the amount of one year's rent is $1800.00. To date, no amount has been prescribed under the Residential Tenancies Act, 2006. 2.6 The Residential Tenancies Act, 2006 also provides that if a notice of termination is given of a tenancy so that the landlord can demolish the rental unit to convert it to use for a purpose other than residential premises and it is not a tenancy as referred to in section 3.5, 120 days notice is required ending with the day on which the period of the tenancy ends or where the tenancy is for a fixed term, the end of the term. The tenants are also entitled to compensation in an amount equal to 3 month's rent. 2.7 Each of the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 in fact have two ground leases for each year, the first is for periods from January 1 st through May 14th and September 15th through December 31 st in which the use of the land is restricted to storage only. The second lease is for the period May 15th through September 14th in which occupancy of the land is permitted. The solicitor advises that REPORT NO.: PSD-112-09 PAGE 6 in his opinion the Landlord and Tenant Board would treat these leases as effectively being a single lease for a term commencing on January 1 st and ending on December 31 st each year with occupancy being restricted from May 15th to September 14th each year. 2.8 A by-law should be passed to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue notices of termination to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345, their respective ground leases are terminated on December 31,2010 so that their residential units can be converted to use for a purpose other than residential purposes pursuant to the Residential Tenancies Act, 2006. It is also recommended that payment of one year's rent ($1800.00) be made to each of the owners of the cottages in Schedule 1 pursuant to the Residential Tenancies Act, 2006. 2.9 Two monthly tenants in the cottages on Lots 1 and 11 on Plan 345 have leases with The Andre Wiggers Construction Company Limited. It is assumed that these leases were made with the knowledge of Port Darlington Harbour Company and now are binding on the Municipality. However, it is not known what arrangement was made between The Andre Wiggers Construction Company Limited and Port Darlington Harbour Company. It would be prudent for the Municipality to issue a notice to The Andre Wiggers Construction Company Limited to the effect that its authority, if any, to represent the landlord (now the Municipality) is terminated. 2.10 With respect to the monthly lease of the cottages on Lots 1 and 11 on Plan 345, it is recommended that a by-law be passed to authorize the Municipal Clerk on behalf of the Municipality to issue notices that the leases are terminated 120 days after notice is given ending with the last day of the termination term so that the residential units can be converted to a use other than residential premises. It is also recommended that payment of compensation in the amounts equal to three month's rent be paid to the tenants, as required by the Residential Tenancies Act, 2006. 2.11 In addition, there is a trailer being stored on the land, this is not a legal use of the land and the owner will have to remove the trailer from the land. It is recommended that the Manager of Municipal Law Enforcement be instructed to take all necessary actions to have the trailer removed from the land. 2.12 In order to protect the Municipality's interests, it is recommended that a by-law be passed to authorize the Municipal Clerk to apply to the Landlord and Tenant Board for an order terminating the leases referred to in paragraphs 2.5 on December 31, 2010 and 2.7 (120 days after notice is given ending with the last day of the termination term) and evicting the tenants pursuant to the Residential Tenancies Act, 2006. 2.13 The other buildings and structures remaining on the site, especially those that have been identified by Municipal Law Enforcement as not meeting property standards are recommended to be demolished. They are the structures on Lots # 7,14,19,21,31,32 and 34 on Plan 345. REPORT NO.: PSD-112-09 PAGE 7 2.14 It is also recommended that the Director of Operations be authorized to demolish the cottages on Lots 1 and 11 after the date on which the tenants of the buildings have been evicted by the Landlord and Tenant Board. 3.0 CONCLUSION 3.1 The interests of the owners of the west beach lands have been expropriated. It is recommended that the Director of Planning Services be authorized to offer immediate payment to Port Darlington Harbour Company, following Council's approval, of' $775,000.00 and payment to each of the owners of the cottages on Lots 2, 5, 6, 10, 15, 17,36 and 39 as set out in Schedule 1 with a total of $19,221.00. 3.2 Port Darlington Harbour Company and the owners of the cottages are free to accept that amount without prejudice to their rights under the Expropriation Act in respect of determination of any further compensation by the Ontario Municipal Board. If the owners proceed to the OMB the amount that is payable by the Municipality is subject to adjustment to account for the compensation referred to in paragraph 3.1. 3.3 The leasehold interests of the owners of the cottages located on the West Beach Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 have been valued as of the Valuation Date by the appraiser as set out in Schedule 1. It is recommended that the Director of Planning Services be authorized to enter into discussion with each of the cottage owners to determine if suitable arrangements can be made for the relocation and/or compensation of their cottages. In the meantime the notices of termination and applications to the Landlord and Tenant Board should be issued to protect the Municipality's interest in the expropriated lands. 3.4 The cottages add intrinsic value to the land, while in place they can be maintained; however once they are removed the right to rebuild them is lost and the use of the land reverts to its hazard land status and environmental significance. 3.5 With regard to The Andre Wiggers Construction Company Limited a Notice of Termination should be issued for any tenancies they have on the lands or in the structures owned by PDHC. The two known tenants that lease from The Andre Wiggers Construction Company Limited should be issued notices of termination as well. In addition, the owner of the trailer that is on-site will be requested to remove this illegal use. Attachments: Schedule 1 - Compensation for Cottagers on Land Leases Attachment 1 - Plan 345 Attachment 2 - Signed Notice of Election (2) Attachment 3 - Letters from Cottagers Attachment 4 - Minutes of Meeting with West Beach Association Cottagers Attachment 5 - West Beach Association- annual report Attachment 6 - By-law, Notice of Termination to Lots 2, 5, 6, 10, 15, 17, 36 and 39 Attachment 7 - By-law, Notice of Termination to Lots 1 and 11 REPORT NO.: PSD-112-09 PAGE 8 Interested Parties Port Darlington Harbour Company Andre Wiggers Construction Co. Limited Chris Williams, Aird & Berlis Karl Anselstetter Bill Hone and Corey Okeefe Robert Hughes Don & Donna Adams Gail & Chuck MacDonald Shirley Fowler Jean Severs Sharon Eccles and Judith Ginou (for Bert Hutchinson) Edwin (Ted) & Lynda Bounsall Gary Cole Bonnie & Tammy Nicholson Mavis Carlton Port Darlington Community Association c/o Glenda Geis Schedule 1 - Compensation for Cottagers on Land Leases Lot Name Valuation 6 Don & Donna Adams $2,105.00 5 Gail & Chuck MacDonald $2,558.00 10 Shirley Fowler $2,137.00 15 Jean Severs $2,137.00 39 Bert Hutchinson $2,474.00 c/o Sharon Eccles, Judith Ginou . 2 Edwin (Ted) & Lynda Bounsall $2,105.00 36 Gary Cole $2,737.00 17 Bonnie Nicholson $2,968.00 Total $19,221.00 r/IIN F,JE 1(01'J:()'1. .'.;::'<I'i ~E<U tie ~rr" ''- . "r;'~I':'1i~)l ~il O_NJ!!nJf C4HT"H"/c';'rl!~(;"J..!I~ L~~ 1;~n:,1r .fn.;r::{.,,~'::J.:~ ~:::... j~~':,,":II/(r:::".:::'~:~~!l:-: inJ""G'~;,n., .n(lllll.r "tu;,~ ,_ h'''''~ .ytl;I;"'~ f7"'~"lli' 1.,,1>_)'''' . /i-;. ~fV..{_ . J.c....,...7 -1?f~. ,.vu,.....; j\,'f' b".'o'..,t.,. .,...".., ..... c;...,.....I'. .1../ ~illffjJUJOUR BEACHE.s" (,~;;~;:; S"6~""'M UP_hT o~LnJ.!J"'IO ~X.:1i,r;;, Olf'lh ~R::; C~;:;:;'::~::~_R.."'a7Q~ ~ ..;..,....,. . -' ~~Jo-f~/...,. ;. .1'~'l,.::.-:'''.,'' ...../I"r,.......""'''' JI-#;A(..,:.., .r/".,E.t7J',h........,.v.._~J .J.I. ../:..,,,, 6..,.. C ,..;/;;", "';;,Jh . " ~~ ~ [7 <Y... ~c.." ,~? 4..,..,..... iY.1L-:f>--:' ATTACHMENT 1 TO REPORT PSD-112-09 JVH~iI!'yqA'J C~nTI"J~ .I h.r<<6,y c....rll'r rh.r /'h...., ,P/~" ;:::::"i.;':.,:n ~j'to~ :::r;:~1.:;::;:.r /''''._.1'.. .n'- V~''''(3I'.'7 JA__J ,."'. .-. .",,6" N' #'YIolch 1'10. /q"d /..c/vtTfJd 1'1I.,....i" ht1J J.,,,, J//rv'f.r/ &lnd Jv.v~...,,y.d 6.1" _.~. .,..,1 rh./, /'10. oIQ;"" ;/QA N ~~."P'u~.'" '" Q~e'I';I~c. _;,.", n.. "P........'''hu..3 ./ /10. ,,)."'~"'.Y>l 0""" ?"'ff ~..J'Nr'l" /Ve/'". ~~z..c/.._~C7, O,,7'''I'~'<I Lv"oI Jv,.",...r"'" I?CG/~"r-'9An'~ r:'RThr/r.AT~ q~-;'~i~ ~,:;:;.~~r;,:~.' .1"./;:;" .ONk. ,f",. /),. C""'''/',j'' .~p;A9"'" ,,"';.... _I"~ v,,)"..,.e~ A./)./9J,J/ ".I 8t11JN./""I'..,IP/.u.~ /Y"'J'1~~ /0,. I'htJ .rVlcY' C"..nJ';,Y L, ............ fifl.J'N?.......... ..5) /1......,P_V~ r C." "'0"''''''''"""; !'ll.u..., joc......ll ,., H?r .''''4' 'i..~.,'If,.......J,I'...,;....... ,..':;;;.t':.'l..:.;;.....,:.,.'f l..... /. TAr/'.r _0.1 jI'.,..r"nflll,I".oI."/' ;~;:..~'~/:::':~ :;";:.::~r.-;f~" _~u.. .;!.T..s.t?,f ~ ..."0.... r"". .r,u, "-""'." J. r"-t?' ~ 0,"," J",J.,t;;',J,;,? _..f'n'UJ ,., oI"V """,',,? J n," 40/." -. j fic... ...- rh.'" {.I -. -. d'f"" .LP...v':-;, i/....t1 /1-1),1'" ~/~...';~a-t. AC'__'''J;'n..I''~I'c. ThE O/YTARIQ "e.'7:~r '~r"""" ""'p'fr.,,{ ~:;;;; ~~~;,.~ :"""',.:.~,;,~rlt.,. ..,.'h'I"b"'" ~ .,~">> ". . ~ . . \ ~ /l4V/YICIP~L COHoJE/Y7 r"'ff fr'",,NICIP,AL CDVNCIL. flJ"n~ff To_"';' filJC B."........,~t'Vvl...J.. j,,,I"'t-4l..r ~ 0'".1_"'1"" ,.,..,." /"'.,.. r'~;rur,:.:r /Jry:u~ (. <.,,1".' o~~~..r~'il".~ '090CT 1 ATTACHMENT 2 TO REPORT PSD-112-09 Port Darlington Harbour Company 125 Port Darlington Road BowmanvilIe, Ontario LIC 3K3 October 14, 2009 Patti L. Barrie CMO Municipal Clerk Municipality of Clarington 40 Temperance Street BowmanviIIe, Ontario LIC 3A6 Dear Ms. Barrie: DISTR~TION REVIEWED BY / 'u/c{; ORIGINAL TO: lJ COUNCil CJ COUNCil U FILE DIRECTION INFORMATION COpy TO: o MAYOR 0 MEMBERS CJ CAD Of COUNCil o COMMUNITY 0 CORPORATE 0 EMERGENCY SERVICES SERVICES SERVICES o ENGINEERING 0 MUNICiPAl Q OPERATIONS ~CES ClERK'S 'l:l"'"PlANNING 0 SOLICITOR Q TREASURY SERVICES '0 OTHER "'~. * I.tUNIClPAl CLERJrS FILE La 7 Q W 7. Po Re: Notice of Expropriation Notice of Election Certain Lands Owned by The Port Darlington Harbour Company Your File No. L07.WIIL07.PO We are writing to you today in respect to the election under section 10(2) of the Expropriation Act. We would like to go on record as stating that the Notice of Hearing under the Expropriations Act was dated January 14, 2005 not September 22, 2009 which is listed on our Notice of Elections form. Sincerely c:c ~ c:- Andre Wiggers J -W Port Darlington H~r Company NOTICE OF ELECTION Expropriations Act TO: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 I being the registered owner of land expropriated by the Municipality of Clarington and described on a plan of expropriation registered on the 10lh day of September 2009 as No. 0552233 in the Land Registry Office for the Registry Division of Durham (No. 40) hereby elect to have the compensation to which I/we am/are entitle assessed, /)../ ~ (a) where there has been an inquiry, as of the date the notice of hearing was served (September 22,2005) o (b) as of the date of the registration of the plan (September 10,2009); or o (c) as of the date on which I/we was/were served with the notice of expropriation (September 15, 2009) aJ ~ .0 Andre Wiggers NOTICE OF ELECTION Expropriations Act TO: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanvil/e, Ontario L 1 C 3A6 We being the registered owner of land expropriated by the Municipality of Clarington and described on plans of expropriation registered on the 10th day of September 2009 as No. D552233 and No. DR838341 in the Land Registry Office for the Registry Division of Durham (No. 40) hereby elect to have the compensation to which we are entitled assessed, o ~ o (a) where there has been an inquiry, as of the date the notice of hearing was served (September 22,2005) (b) as of the date of the registration of the plan (September 10,2009); or (c) as of the date on which we were served with the notice of expropriation (September 15, 2009) (Check appropriate box) DISTRIBUTION REVIEWED BY Lf: ORIGINAL TO: '0 COuNCR:' 'a COUNCIL C ALE DIRECTION INFORMATION COPY TO: C tMYOR .~~~ . ~~tiJi)s:::::;;;nsall C MEMBERS C CAO Of COONCIL C COMMUNITY C CORPORATE C ~y SERVICES SERVICES iX!"-' .. C ENGINEERING C MUNICIPAL C OPERATIONS 5 CLERK'S PlANNING C SOLICITOR C TREASURY SERVICES C OTHER MUNICIPAL CLERK'S ALE Lo1Wr ATTACHMENT 3 TO REPORT PSD-112-09 '09SEPl &~V WJE(clEllVlE@ SEP 1 1 2009 ; MU~liGIPAL\1Y Of CLARINGTON I PLANNING DEPARTMENT /1A)'.=t~u : August 28, 2009 I am writing in regards to the possible continued use of the West Beach in Bowmanville as a summer residency. I have been connected to the West Beach for over sixty years and can remember the area as a vast expanse of white sand. Neglect because of unused cottages and an owner not active in preserving the area as a sandy beach has allowed it to become covered with coarse twitch grass and other weeds. It would take a herculean effort to clear this growth away thus bringing the beach back to it's original state. The summer residents could perhaps aid in the restoration of the sandy beach and continue to keep the beach weed-free. We could also keep an eye on the use and abuse of the beach along with supervision by town . staff. A lease of several years would substantially add to the continuity of observation and overall care of the area. I have had maintenance done on my cottage this year and will continue to do work as is necessary but any large expense will depend on the decision of council as to the continued use of the'cottages in the summer. We are hoping for good news in this regard. When I am unable to come to the cottage due to age or health the use of the cottage will end. I have been leasing on a year to year basis but a five-year lease would certainly help with plans to keep this beach healthy for all who would use it. ~rr;;J ~t/~~ of I-L~ .~l6A -/!' hJ&AtU d '-10 ...e'Cl-C t.-- Cauvt,td!:rr 4'-clJU ~dYf./ , .",L.lb/.Ll}~ . ~~. / DISTAI BUTI,PJ;I REVIEWED BY ~~ Your~UlY' ORIGI~L 0: / . ~ .~ '~l' tJ FIlE J!..OI lZI OIR. TlON INFORMATION COPY TO: Jean evers C MAYOR C MEMBERS tJ CAO OF COUNCil C COMUUNllY tJ CORPORATE stRVlCES SERVICES C ENGINEERING tJ MUNICIPAl ~VlCES CLERK'S \(" PlANNING tJ SOLICITOR 0 TREASURY SERVICES tJ 8fllGENCY SERVICES tJ OPERATIONS C OTHER LWNICIPAl CLERK'S FILE L 0 I to I L.01 Po "09SEP 08 Prt 2:40:40 C1~A1 /vy , )~~~t rf t~~ LftJ A~~LwAw ~kf () /J 0.. ; /J /n fi- . /1 :J-/Y.J1f7r\ ~~ I Lk'.~t1-~ I---- (c 3 fI~ Au / 1 . ../ ' " , )...0 I [) ~ dt ar 3) ~ 11uJ) JLc0/~~ P (j~ . ' j~~Gi1d.t. Ck!/f~cI~~JktJ 4 -7Y~:r ~tC, ,d' l~ /LJ~,) 2~v0 o~ & ' ~1ql}'. ~J;;~ ~~/vHW~.rcf~u ~ j~-<J tL~&d<. J1~. aifuJ! r:wLtiM ~) Io/.fi C0--J 'J hc~nu.) ~ ~ --ffv--r-cJ, J+ 7J Lk) ~ \ A4~ /evrvv-lx ,~~ ~1cM~ ~ ~ /~,~) ~tLl, ~ ~cJ' L /I4uJ f '. ,0 (j 'j J 1:j J:)j ~~ ~M1::J. AJP ~J~~ ~/Co ~~1~-,) "l~~'l'7JL,"~' DIST (, ,PkJ ~ ~ .r t0vD d 0-) '1v , :"WE~: j I ,4f) A:lv~MrLV fpA;~ !r.J-lI'! ~--W-l'.tJ %IL 0 COIIICIL.:f.I(tJ2+1--~ .Jd.o..u -I M.J..-l;rM.c'V t.fYL/K ~~ . DIRECTION. INfORMATION U 0 IJ U COPY TO: . . C tMYOR Cl MEMllERS Cl CAO ,. Of~L C CCINIITY C CORPORATE 0 EIIEIlGBt{ SERYlCES ~. :, SEIMC8 ~. " , '. r.t",. ' ".," o ElGllEAIIG C.~ C lfEAAJlOIIS SERVICES C1f1lK'S - &Y'~ING Cl SOlICITOR C TREASURY SElMCES Q OTHER pctM.CLSlrSfU LO, LV { LO'l 0 . /0'iLWW k~ /l '- //LJ.; -"f /A-,lJ '09SE . POB F't"l 2:40:15 August 31, 2009 I D'ST_~l~N i REVIEWED BY I ORIGINAL TO: [J COUNCIL [J COUNCIL (J FILE DIRECTION INFORMATION COpy TO: [J MAYOR Gary Cole ~ " Ms. Patti Barrie, Municipal Clerk 40 Temperance Street Municipality of Clarington Clarington, ON LIC 3A6 [J MEMBERS (J CAD OF COUNCIL [J =TY [J CORPORATE [J EMERGENCV .. SERVICES SERVICES [J kNGINEERlS NG [J MUNICIPAL 0 OPfRATKNIS ClERK'S ;}:,~~~~G (J SOLICITOR Q TREASURY Dear Ms. Barrie, o one IUl!CIPllJ. CLERlrS FILE L 0 7 LV I =- - o I am writing to you as a life long resident of Bowmanville West Beach and member of our summer cottage community. Our community consists of seven cottages, all but one of whom are owned by lifelong residents; the one exception has been in the same hands for over twenty years. We are not recent arrivals and all of us are senior citizens. Two of us are over eighty with the rest being in their sixties and seventies. Our main concern, now that the municipality has taken over ownership of the land that our cottages occupy, is that the land will be cleared and left in an undeveloped state for many years due to a lack of funds. As this is most likely to be the case, we ask to be allowed to remain on the Beach until the new park is an established reality. Also during the transition period we could act as watchmen for the municipality maintaining security in the area. As you know vandalism is always a problem in unpatrolled parks; therefore, our continued presence would not create a problem for the town but would, in fact, be a solution for any problems that could arise in the future. Thus, I suggest that our community be allowed to continue to exist in cooperation with the new park with the current owners receiving what is called a "lifetime lease" on the land from the municipality. This has been done in Prince Edward County's Sand Banks Park and on the Toronto Islands. Please note that with the advanced ages of our members this would not be a long time as we are a "dying breed." Trusting that you will be agreeable to these fair and reasonable proposals. I remain yours, ~cUtA/ Co-L Gary Cole / P.S. I hope that as the new park evolves all the grass and weeds are removed leaving the pure white sand I remember as a boy. I would also like to suggest the new park be called the "Port Darlington Sands." :f:v qL~> mr J1l~J;lj ~ ~. 4tJ /~~ ~ I3tW.f7l~~, (}IJ f L Ie: 3 /J 6 ~ 2 0\ Yt.uZ.~' ~~ I (jh" . '09SEP08 At'110:57:29 c.c Pa&~ aLl ' ..- CtJ-U7U<,i Jv1.t I_ 1'1; 1')Vj.<<.Vv.) /4.,,: J!uU~. +?'t<<~ ~ ~~ ~ 0 . r l/./4h~~ {$:tttr' ~ r<4-7f~> .' ' ,tb~ rw!'~? ~ ~ ~)a~ qL ..A/W- ",-!J2 ~",ftl r ~^""- ~~ ~~<L~~".~~p~~ ~, . I fi ~ ' ..;i.J'- ,/ZRA,u~0 y~~~.- I ~? ;I~'/-RL~.~(~ ?;;:: ',r ftd ~)I Q- ~~ 1/A-<-AL~~;) 87l--~?' ' Jf-e ~ rl/l- .-'IT"'" ,.. ~..<"-<1- ~ ft ~ -r.:-rJ rd:- 9' ~~~ ~ ~ ~~ ~".h~~ (~~-~ ~ ~ /J?U-nUtM- tH1-- ;zj.., ~ ~~,.;t ~~). Jf-e d..LL ~ ~ ~ ~7-b"'U-!-- J \1 ...-f-V'-l-. /L{U~a::t -tlVi-r -A I( /l&J /__~ ~ :JJ!I...... . .' " '-~Tr' , ..----.7' _0.." A<-e ~lA'- ~ ~ A~.:;1ai f; , , . ~.C4'L PrJJa7~<JR.JZA 0 ~..~'."OfU ~~,t.. " :;:r. - . Q "'" a . . .: : Qf COlJlClL ., '.' ==::TY lJ 'lXlRPOMlE C EIlEIIGf&Y . SERVICES, . SBIVl8 a .-ER*G lJ utNCllW. '-:r.. . S ClEIIK'S ,0 IRAmlIIS SERVICES lJ SOlICITOR lJ TREASURV J~LL ~flf L.()1J<..d - 'I--v~~ '09SEP08 At-I 8:39:38 Charles and Gail MacDonald August 31, 2009 Ms. Patti Barrie, Municipal Clerk 40 Temperance Street Municipality of Clarington Clarington, ON L1C 3A6 Dear Ms. Barrie, I am writing on behalf myself and my wife, whose family have summered on Bowmanville's West Beach since the 1920s. The cottage we now reside in once belonged to her" Auntie" Edith Robinson, who had local builder Charlie Heal construct it in 1925. So for us there is a close and long time connection to the cottage and West Beach. Our objective is to stay here on the West Beach as long as possible, while the new municipal park is being established. We believe that it will take a number of years to put the infrastructure in place for the park. Our presence in the area during that period would be a deterrent to acts of vandalism. Hopefully, we can reach an amicable agreement that will be beneficial to both parties. In closing, our years at the West Beach make up a large part of our family history and are the source of many happy memories. We have had so many good times here over the years with friends and family. Our wish is that we may spend our "Golden Years" here on the beach that we have grown to love. ' . , ;::~~ OIIIDIIM.L 10:., ,;. "J' Yccua. Q Coua:', ',Q fU ' DIRECTDI;' 1NFORIMlllII,' ,", COPYTO: "'_',\ ~>'. a tMtOR ,,', Q .....IIS' Q CAO : ;1,.> .' ""; OF COUIlCIL ; ,'.- P. S. We recently donated a painting to Mr. Charles Taws, cure tsr~"BtolwDMn~i_ Museum. The scene of the West Beach was given to Auntie Ro i~. .g,. New, wife of eminent McMaster University history professor ( ffe~. : ,',' " Mildred's family resided in our cottage for many years. ~fI\.MNING Q SOLJCmIIl Q TREASURY SERVICES .' Sincerely, Chuck and Gail MacDonald QOTHER f!PIClI'M,eLKSfU LD, LJ I , LO, ~O AGENUii Keyzers, Heather From: Sent: To: Cc: Subject: ress Thursday, September 17,20097:51 PM MayorsExternalMailGroup; Foster, Adrian; Novak, Mary; Hooper, Ron; Woo, Willie; Robinson, jGOrd; Trim, Charlie Langmaid, Faye; Barrie, Patti ~-"""'- i 'm-~ ... Fw: Expropriation of the West Beach Lands - Cottage 6: Sharon H. .Uf~l~~~~~}ll~~;::"":~, _, Robert Hutchinson I - C :'" ;,:<.1i't: ;,' '~; ,,;, "l(] ~ i SEP ') (j "",,,. . v U LUUY Mayor Abernethy and all Members of Council: i :" C:;P.f~j n"i.! ,.-, " b ~~ f,' I ,.- -~ 1 ~ t",'r CL/;r;,P!."':.~!",\,~ , '''14'10""''''''1'''',,,/ ~. .""~', , ., 'S o Ff:'iC ~:. "-' Thank you for taking the time to listen to our stories and presentations of our past history at the West C~. !:: As mentioned, our family and others, have spent their summers at the cottages since we were children. My father is now 92, has been going to Bowmanville since he was a child when his parents had a cottage on the Cove Road. Our cottage #6, built by my Grandfather. Assisted by my Uncle "Bruce Bakewell" - \t.'ho is now at 93, remembers the cottage to this day. My uncle, still in good humour, has however indicated that his warranty work is completed. We would appreciate the opportunity to remain summer residents of the West Beach at least until which time the Town commences the park development and if realistic, as part of the park thereafter. Our presense at the beach would assist with security and our financial contribution in the way of rent, taxes and support of local retailers, will contribute to the local economy. This year to date, our rent and taxes total approximately $2,000. and in addition, apart from Gas receipts for our vehicles, our family has spent at least an additional $3,000. in Bowmanville. In recent years, renovation material for our cottage, roofing, siding, appliances, plumbing, shed etc. has been purchased locally. We look forward to hearing from you with regard to the proposed lease agreement for future years. As you can understand, if we were more certain of our future, we would offer more time and attention to our gardens and exteriors. The derelict buildings and abandoned vehicles, would not be missed if the town were to remove the unsightly ones. It is a sad situation that these buildings have become what they are as we have fonder memories of better times. When the town plans to remove the "white" cottage to the north of ours, we would appreciate advanced notice so that we can move our shed to avoid damage as it is adjacent to this building. Await your advise. Best Regards, Sharon Eccles for the owners of Cottage #6 CC Faye Langmaid CC Patti Barrie MUNICIPALITY OF ClARINGTOr~ PLANNING OEPARTMENl DISTRIBUTION REVIEWED BY~/ l( OR'~L TO: tVCOUNCll 0 CO DIRECTION '/Nfg~TlONQ FILE COpy TO: Q MAYOR Q MEMBERS Q CA Of COUNCIL 0 Q COMAIUN/YY 0 "^R SERVICES "" PORATE Q EMERGENCY SERVICES Sl:RV/CfS ~Q ENGINEERING 0 MUNICIPAl RVlCES , CLERIC'S Q OPERATIONS PlANNING 0 SO SERVICES llClTOR Q TREASURY Q OTHER 1 JllMClPAl CLERIC'S fILE L07 WI ATTACHMENT 4 TO REPORT PSD-112-09 PDHC Expropriation Meeting with West Beach Association Sunday, July 26, 2009 Attending: Don and Donna Adams; Gail and Chuck MacDonald; Shirley Fowler; Jean Severs; Sharon Eccles (and husband) and Judith Ginou (on behalf of Bert Hutchinson); Ted Bounsall; Gary Cole; Faye Langmaid from MOC Meeting had been organized and was called to order by Gary Cole for an information session on what the Municipality's next steps are in the process of expropriation of the land from Port Darlington Harbour Company. Faye explained that expropriation is of the lands owned by the Port Darlington Harbour Company, it has taken sometime to get to the point we are at now. Council has made a decision to proceed with expropriation. Started in 2004, when a number of expropriations on the East Beach were also approved by Council. From a long term perspective what Clarington is trying to do is to have publicly available lands at the Lakefront in Courtice, Bowmanville and Newcastle for residents as the population grows. The Municipality owns some land in Courtice and is receiving additional lands from the Region as part of the development plans in the area (water treatment plant, energy from waste). In Bowmanville, emphasis has been on the East Beach but there is a long term acquisition plan that includes all the homes along West Beach road on the sand spit. In Newcastle the Municipality has received lands in Port of Newcastle and also has Bond Head park which has been expanded in recent years through addition of 3 residential lots. The long term intention is to connect the waterfront lands back into the urban communities through the trails system. In Bowmanville, Valleys 2000 have assisted in the development of trails in both Soper and Bowmanville Valley it is a matter of getting them extended to the south over or under the 401. The waterfront itself is connected by the Waterfront Trail. From a budgetary point of view, while there is an economic restraint going on currently, because the PDHC lands are part of a long term strategy funds have been accruing in a Reserve Account and the monies to purchase the lands are available. \\That may be delayed is the actual park development, it may become longer term than initially anticipated. Also Council has stated previously that East Beach is a higher priority for development than West Beach... but Council's change and priorities can change. Planning Services will be preparing a report for the fall to address the compensation to PDHC and also the options that Council has for addressing the residents of West Beach. There may be different solutions for the different arrangements ---seasonal leases of land (cottage owners), full-time resident that owns her cottage, and full-time residents that are PDHC tenants. Worst case scenario would be Municipality does not want any tenants on the lands what- so-ever. Even if this is the decision that Council takes the cottagers will be at the beach for 2009 summer and 2010 summer as well; just because of the notification requirements that is the way it would work out. Typically, the Municipality purchases properties and then demolishes. To date, they have not wanted to take on the role of landlord. In the couple of cases where there have been the tenants, there have also been some ongoing issues usually around maintenance. The residents made the point that they as the owner of the buildings would be responsible for their upkeep, have been on a year to year lease for 15 years and have had to make decisions about repairs, painting, new rooves, etc. Residelfts (those present) are only looking for seasonal occupancy not year round. Currently they pay $2,000 per year (2 leases, one for occupancy May 15 to Sept 14 and one for storage of their cottage on PDHC lands) plus the taxes applicable to their cottages (which are all assessed individually). There are only 2 cottages in the back row of seasonal residents (Jean and Shirley). Most felt that their cottages would not survive a move, it would require an engineer to determine if they are capable of the move. Some of the add-ons would have to be removed and then re-attached separately, if they were to be moved. All of the seasonal cottagers have sand spit wells, most use the water for shower, washing, etc. Ted has his water tested annually and drinks it. Everyone else have had their water tested and not had a problem but most are just used to bringing in water for drinking. All of the seasonal cottagers are willing to allow the Municipal appraiser into their cottages to determine a value. David Thrift will contact them and determine a time to visit. Addresses and phone numbers were provided so that Faye can contact them "officially" for expropriation, it will include all the necessary forms and might look intimidating. Faye provided business cards to everyone and indicated they should just call if they have questions. Currently the garbage is picked up along West Beach Road, the truck comes in to turn around. The residents do not have any problem with taking their garbage up to the road, bigger problem is critters...usually pick-up is on Thursday and when residents leave on Sunday many of them take garbage because otherwise the raccoons get into it (cans deter them somewhat). Residents that are there during week keep an eye on garbage and only put it out when truck is coming. Discussion on a cage for garbage cans. When MaC takes possession one of the first items will be to demolish the buildings that do not meet property standards (Lots 1, 7,14,19,21 and 32). Prior to demolition PDHC will have time to remove contents of buildings (they could do it now). Other non- occupied buildings will also most likely be demolished (such as one that had the fire). Once those buildings are removed Council may wish to make area available to the public. Fire and emergency access will have to continue for the "park" as it is now. MaC is not looking at winter access (nor are the cottagers). When report goes forward to Council in the fall the residents will be notified and they will have the opportunity to present Gust as they have previously). The renters have been very clear in what they are looking for from Council, they wish to stay. The options Council will have to consider are the request for life lease or fixed term or to not have tenants at all. Points that cottagers can bring forward is that they are happy to have the public invited onto the site once derelict buildings are removed. The cottagers will be caretakers of beach which helps decrease vandalism, deviant behavior, deter midnight partiers, etc. Cottagers are looking to similar arrangements as have occurred in Provincial and/or National Parks, Toronto Islands Trust is also an example. Would like to be able to come and enjoy the beach but not sell cottage in future or pass it onto next generation. This will have to get sorted out legally to guarantee to MOC that it does not continue in perpetuity. As cottagers pointed out they are on year-to year and have been for 15 years; a.'1ything that is longer term would be an improvement. Gary asked if they needed to send out a press release on their position. Faye indicated that at this point not really necessary, Council has heard their request, asked staff to investigate and come back with options. Residents will have ability to address Council when report goes forward. ATTACHMENT 5 TO REPORT PSD-112-09 The West 5each Associ~tion "Lite is better b,y the lake, and we love to share it." September 28, 2009 Ms. Faye Langmaid Manager of the Special Projects Branch The Municipality of Clarington 40 Temperance Street Bowmanville, ON LIC 3A6 Dear Ms. Barrie, On behalf of our cottage community on the West Beach at Port Darlington I am taking the liberty of writing to you with a progress report on the developments at the beach this year. As you will no doubt recall our association sent a delegation and two speakers to the council meeting of July 13t\ and were very impressed with the courteous reception we received. On Sunday, July the 26th we had a very congenial and informative meeting with you at the Beach. Again, we were very pleased with the tone and outcome of this meeting and look forward to more dialogue of this nature with the municipality's staff and elected officials. Throughout the spring and the summer the members of our community have worked to improve the appearance and condition of our cottages, and the Beach in general. A brief rundown of these activities includes the painting of buildings, repairs to roofs, the rebuilding of sun decks, the trimming of grass, removal of weeds, and the raking of sand around the cottages. Early in the season a general "bee" was held with members removing driftwood and other flotsam and jetsam which had come down the harbour with the spring floods, and deposited itself on the front beach. After this particular cleanup, the sand on the front beach was given its annual raking to make it cleaner, safer, ~~1d more appealing to ourselves ,and the general public. During this past summer we have had the pleasure of receiving many visitors to our Beach; these include several former residents of our area as well as many local people from "uptown." Many of these people discovered our Beach for the first time, and were impressed with it and the welcome they received here. One group that I believe deserve special mention are a group of about twelve teenaged boys who live on the Cove Road and come down here several times a year. While on the beach they do a type of surfing/ skiing pulled by a rope attached to a motorized winch. These kids are good, polite and clean cut boys and their surfing is an entertainment enjoyed by all of us. The boys are most welcome here. The West 5each Association "Lite is better b~ the lake, and we love to share it." We also had several visits from local artist Ann Drury who has painted a number of pictures of the cottages in our area. All our members have gotten to know Ann, and a few have helped her with her research on the various cottages that she has painted. We would recommend that the members of Council and other citizens of Clarington visit her display that is featured in our Town Hall. These paintings are truly outstanding works of art and preserve on canvas an important part of our history, as many of the cottages depicted are derelict, and will likely soon be demolished in the new plan to cleanup the Beach. During the summer we had our usual social events, including card parties, barbeques, community suppers, a pancake breakfast and the annual horseshoe tournament. We also screened a special showing of the Hollywood movie "Killshot", starring Mickey Rourke and Diane Lane. Parts of the film were shot on West Beach and featured some of our cottages. As you will have guessed by now it has been a busy, but enjoyable and rewarding summer holiday season for all of us. In closing this letter, the first of what I hope to be an annual report to members of our Municipal Council, I would like to extend a sincere invitation to the members of Council, the citizens of Cia ring ton, and anyone else to come and visit us at any time. We would be happy to have you participate in our activities and enjoy the natural beauty, tranquility and charm of this beach we all love so much. Sincerely, ~ca~ Gary cor President of the West Beach Association ATTACHMENT 6 TO REPORT PSD-112-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2009- being a by-law to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue Notices of Termination pursuant to the Residential Tenancies Act, 2009 to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective ground leases are terminated on December 31, 2010. NOW THEREFORE The Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The Municipal Clerk is authorized on behalf of the Municipality of Clarington to issue Notices of Termination of their leases to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective leases are terminated on December 31, 2010, so that their residential units can be converted to a use other than residential. 2. The Municipal Clerk is authorized on behalf of the Municipality of Clarington to make applications to the Landlord and Tenant 'Board pursuant to the Residential Tenancies Act, 2006 to terminate the tenancies referred in Section 1 and evict the tenants. BY-LAW read a first time this 23rd day of November 2009 BY-LAW read a second time this 23rd day of November 2009 BY-LAW read a third time and finally passed this 23rd day of November 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT 7 TO REPORT PSD-112-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2009- being a by-law to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue a Notice of Termination pursuant to the Residential Tenancies Act, 2006 to the tenants of the cottages on Lots 1 and 11 on Plan 345 that their respective leases are terminated the day that is 120 days after notice is given ending with the last day 'of the tenancy or the term. NOW THEREFORE The Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The Municipal Clerk is authorized on behalf of the Municipality of Clarington to issue a Notice of Termination to the tenants of the cottages on Lots 1 and 11 on Plan 345 that their respective leases are terminated on 120 days after notice is given ending with the last day of the tenancy or term, so that their residential units can be converted to a use other than residential purposes. 2. The Municipal Clerk is authorized on behalf of the Municipality of Clarington to make applications to the Landlord and Tenant Board pursuant to the Residential Tenancies Act, 2006 to terminate the tenancies referred in Section 1 and evict the tenants, BY-LAW read a first time this 23rd day of November 2009 BY-LAW read a second time this 23rd day of November 2009 BY-LAW read a third time and finally passed this 23rd day of November 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Cl![l!1gtnn STAFF REPORT 115 REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: Monday, November 23, 2009 Report #: COD-070-09 File#_ By-law # Subject: Co-operative Tender T-283-2009, Mixing of Winter Sand and Salt and as required, Calcium Chloride or Magnesium Chloride and Placing in Sand Domes Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-070-09 be received; 2. THAT Miller Paving Limited, Gormley, Ontario with an approximate annual value of $42,000.00, being the lowest responsible bidder meeting all terms, conditions, and specifications be awarded the Municipality of Clarington requirements for Co-operative Tender T-283-2009 Mixing of Winter Sand and Salt and as required, Calcium Chloride or Magnesium Chloride and Placing in Sand Domes for a one year term; 3. THAT pending satisfactory pricing and service the contract be extended for two additional one year terms; and 4. THAT the funds required be drawn from the Department of Operations various current operating accounts. ~/ /..../ // /' / Submitted by: '~~.B.SC., C.M.a., Reviewed by: Director of Corporate Services ,\ U {~-Q -L (/~ Franklin Wu, Chief Administrative Officer MM\JDB\BH REPORT NO.: COD-070-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 A tender for the Mixing of Winter Sand and Salt and as required, Calcium Chloride or Magnesium Chloride and Placing in Sand Domes was issued on a Co-operative basis with the Municipality of Clarington, City of Pickering, Town of Whitby, City of Oshawa and the Region of Durham participating. The host agency for the tender call was the Region of Durham. 1.2 The tender was publicly advertised and called for bids for the Mixing of Winter Sand and Salt and as required, Calcium Chloride or Magnesium Chloride and Placing in Sand Domes as required by the co-operative agencies. 1.3 The contract resulting from this tender will cover the mixing of winter sand and salt and as required, calcium chloride or magnesium chloride and placing in sand domes on an as required basis for a one year term with the option to extend for two additional one year terms. 2. ANALYSIS 2.1 A total of one (1) bid was received. The sole compliant bid was received from Miller Paving Limited, Gormley, Ontario. 2.2 A bid for Clarington's requirements was received and tabulated as follows: Miller Paving Limited Product Gormley, Ontario Total Bid (Excluding GST) - Year 1 Winter Sand and Salt and as required, Calcium Chloride or Magnesium Chloride and Placing in Sand Domes Estimated Requirements 17,500 tonnes/year $42,000.00 2.3 Price adjustments throughout the contract are made in accordance with the annual rate of change in C.P.1. for All Items, Ontario from May 2009 to May 2010, as published 30 days prior to the end of the current term. REPORT NO.: COD-070-09 PAGE 3 3. FINANCIAL IMPLICATIONS 3.1 The annual consumption of winter sand and salt and as required, calcium chloride or magnesium chloride is estimated at 17,500 tonnes. 3.2 The unit price of winter sand and salt and calcium chloride or magnesium chloride has increased by approximately three percent since 2008. 3.3 Funding will be provided from the current year's operating budgets for the Operations Department. 4. CONCLUSION 4.1 After review and analysis of the bid by Purchasing, the Operations Department and the Durham Purchasing Co-operative, it is recommended that Miller Paving Limited Gormley, Ontario be awarded the contract. 5. INPUT FROM OTHER SOURCES 5.1 This report has been reviewed for recommendation by the Purchasing Manager with the appropriate departments and circulated as follows. Concurrence: Operations Co-Ordinator CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 BY-LAWS 2009-157 2009-158 2009-159 2009-160 2009-161 2009-162 2009-163 2009-164 SUMMARY OF BY-LAWS November 23, 2009 Being a By-law to authorize the execution of a Memorandum of Understanding between Players Business Park Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc. and Corporation of the Municipality of Clarington (Staff Report #3) Being a By-law to being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Bowmanville Creek Developments Inc.) (Item 5 of Report #1) Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Eagleson Construction, Millbrook, Ontario, to enter into agreement for High Street, First Street, Third and Fourth Street Reconstruction, Bowmanville, Ontario (Item 8 of Report #1) Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and On the Edge, Courtice, Ontario, to enter into agreement for the lease space at Garnet B. Rickard Recreation Complex, 2440 King Street West, Bowmanville, Ontario & South Courtice Arena, 1595 Prestonvale Road, Courtice, Ontario to operate a Pro-shop (Item 14 of Report #1 ) Being a By-law to amend By-law 96-32, as amended, to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees (Item 9 of Report #1 ) Being a By-law to establish a fee for Marriage Licenses for the Municipality of Clarington and to repeal By-law 2002-008 (Item 9 of Report #1 ) Being a By-law to establish a Code of Conduct for Members of Council (Item 10 of Report #1) Being a By-law to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue Notices of Termination pursuant to the Residential Tenancies Act, 2009 to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective ground leases are terminated on December 31,2010 (Staff Report #4) Summary of By-laws - 2 - November 23,2009 2009-165 Being a By-law to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue a Notice of Termination pursuant to the Residential Tenancies Act, 2006 to the tenants of . the cottages on Lots 1 and 11 on Plan 345 that their respective leases are terminated the day that is 120 days after notice is given ending with the last day of the tenancy or the term (Staff Report #4) 2009-166 Being a By-law to authorize the execution of a Postponement Agreement between the Royal Bank of Canada, Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington (Staff Report #3) 2009-167 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle (Staff Report #3) 2009-168 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2004-004 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality in respect of S-C-2004;.004 (Staff Report #3) HANDOUTS/CIRCULA TIONS COUNCIL Cl~n MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: November 20,2009 Subject: COUNCIL AGENDA - NOVEMBER 23, 2009 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. STAFF REPORT(S) 3. Report PSD-111-09 - Proposed Official Plan Amendment, Proposed Plan of Subdivision and Zoning By-Law Amendment to Permit 423 Residential Units, Applicant: West Diamond Properties Inc. and Players Business Park Ltd. - Attached please find Replacement ges 1 and 19 as well as Attachment No. 7 which was to be distributed . under se,~ate c ver. 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, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 FINAL LIST OF DELEGATIONS November 23,2009 a) Roslyn Houser, Goodmans LLP - Report PSD-111-09 - Proposed Official Plan Amendment, Proposed Plan of Subdivision and Zoning By-Law Amendment to Permit 423 Residential Units, Applicant: West Diamond Properties Inc. and Players Business Park Ltd. (Staff Report #3) b) Gary Cole or Representative, West Beach Association - Report PSD-112-09 - Offer of Compensation to Port Darlington Harbour Company Respecting the Expropriation of the West Beach Lands for Bowmanville Waterfront District Park - Parts 1, 2, 3, 4 on Plan of Expropriation D552233 and Parts 1 and 2 on Plan of Expropriation DR838341 (Staff Report #4) c) Edwin Bounsall - Report PSD-112-09 - Offer of Compensation to Port Darlington Harbour Company Respecting the Expropriation of the West Beach Lands for Bowmanville Waterfront District Park - Parts 1, 2,3,4 on Plan of Expropriation D552233 and Parts 1 and 2 on Plan of Expropriation DR838341 (Staff Report #4) d) Emily Pillinger - Request for Amendment to By-law to Licence, Regulate or Permit Certain Animals (Correspondence Item D - 2) e) John Mutton - Report CLD-026-09 - Compliance Audit - John Mutton (Staff Report #2) f) George Van Dyk - Report CLD-026-09 - Compliance Audit - John Mutton (Staff Report #2) g) Richard Ward - Report CLD-026-09 - Compliance Audit - John Mutton (Staff Report #2) h) Richard Ward - Presentation of Gord Miller, Environmental Commissioner of Ontario - Deer Creek Watermain Contamination ClfJ!ilJgton REPORT PLANNING SERVICES Meeting: Date: COUNCIL Monday, November 23, 2009 Report #: PSD-111-09 File #: COPA 2009-002, S-C- 2004-004 and ZBA 2004-049 By-law #: Subject: PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 423 RESIDENTIAL UNITS APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS BUSINESS PARK LTD. RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-111-09 be received; 2. THAT the Mayor and Municipal Clerk be AUTHORIZED by By-law, on behalf of the Municipality, to execute the Memorandum of Understanding referred to in Section 11.3 of this Report between Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Municipality of Clarington which contains terms and conditions to protect the Municipality's interests satisfactory to the Directors of Planning Services and Engineering Services and a Postponement Agreement with the same parties and the Royal Bank of Canada; 3. THAT application for Official Plan Amendment COPA 2009-0002 be considered APPROVED in the context of the modifications to OPA 60 approved by Council on October 26, 2009 and that the file be CLOSED; 4. THAT subject to the execution of the Memorandum of Understanding referred to in Recommendation 2 by the parties to it and the Postponement of the rights of the Royal Bank of Canada, Council request that after the Ontario Municipal Board has issued its Decision-Order approving Official Plan Amendment No. 60 as modified, the Ontario Municipal Board be requested to: a) approve Draft Plan of Subdivision S-C-2004-004 as revised and dated November 10, 2009 contained in Attachment 2 subject to the Conditions of Draft Approval contained in Attachment 4; and b) enact Zoning By-law Amendment ZBA 2009-167, contained in Attachment 5. REPORT NO.: PSD-111-09 PAGE 19 Provision is made in the MOU for the transfer of the Provincially Significant Wetlands and required buffer on the Players and West Diamond lands to the Municipality for a nominal consideration once the EIS for that area is complete. 11.3.6 Players, West Diamond and 1613881 Ontario Inc. own lands currently subject to a mortgage in favour of the Royal-Bank of Canada. A Postponement Agreement between the Royal Bank of Canada, Players and West Diamond and 1613881 Ontario Inc. has been prepared and recommended for approval. 11.4 Tax Status The Finance Department has advised that, as of drafting of this report, the taxes have been paid on the subject lands. 12.0 CONCLUSIONS 12.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Region and Clarington Official Plan, including the recent modifications to Amendment No. 60 to the Clarington Official Plan. The applicants concur with the Conditions of Draft Approval. In consideration of the comments contained in this report and subject to the execution of the Memorandum of Understanding, Staff respectfully recommend that the application for Official Plan Amendment be considered approved in the context of the modifications to OPA 60 and the file close, and that the OMS be requested to approve the proposed Plan of Subdivision as contained on Attachment 2 subject to the Conditions of Draft Approval as contained in Attachment 4, and the rezoning as contained in Attachment 5. Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - Attachment 5 - Attachment 6 - Attachment 7 - Attachment 8 - Attachment 9 - Key Map Proposed Draft Plan of Subdivision Brookhill Tributary and Provincially Significant Wetland Map Context Map Conditions of Draft Approval Zoning By-law Amendment By-law Authorizing Subdivision Agreement Memorandum of Understanding Summary (Under Separate Cover) By-law Authorizing Execution of Memorandum of Understanding By-law Authorizing Execution of Postponement Agreement ATTACHMENT 7 TO REPORT PSD-111-09 SUMMARY Memorandum of Understanding Between Players Business Park Ltd., West Diamond Properties Inc. & 1613881 Ontario Inc. (PW Group) & The Corporation of the Municipality of Clarington 1.0 BACKGROUND 1.1 Players Business Park Ltd. ("Players") and West Diamond Properties Inc. ("West Diamond") together with a related company 1613881 Ontario Inc. ("1613881") own the majority of the lands within the Brookhill neighbourhood south of the planned extension of Longworth Avenue from Regional Road 57 to the west limit of the Players and West Diamond lands identified in draft plan of subdivision S-C-2004-004. A public school site, neighbourhood park, a neighbourhood parkette, the Brookhill Tributary open space, as well as the west stormwater management pond, clean water channel and outfalls which. accommodate the proposed plan of subdivision of Players and West Diamond (west of Green Road) are located on lands owned by 1613881 (east of Green Road). In addition, part of the land required for the planned extension of Brookhill Boulevard from Green Road to Regional Road 57, part of the land required for the extension of Clarington Boulevard to the planned extension of Longworth Avenue as well as part of the land required for the Longworth Avenue extension are located on lands owned by 1613881. 1.2 A copy of the Infrastructure Plan showing these areas, facilities and roads is attached. It is consistent with the Brookhill Secondary Plan as modified (OPA 60). It shows the inter- relationship of the development of the lands in the Brookhill Neighbourhood both west and east of Green Road and south of the planned Longworth Avenue extension. 1.3 Much of the infrastructure required by the Brookhill Neighbourhood Secondary Plan to support the development of the Neighbourhood south of the planned extension of Longworth Avenue is located between Green Road and the extension of Clarington Boulevard on lands owned by 1613881. 1613881 has not applied for approval for a draft plan of subdivision of any part of its lands as yet. As a result, the roads, Brookhill Tributary open space areas, neighbourhood park, neighbourhood parkette, school site, west stormwater pond, clean water channel and outfalls including necessary works for the development of the lands west of Green Road cannot be dealt within as conditions of approval of a draft plan of subdivision or subdivision agreement of the whole or part of the lands owned by 1613881. However, the west stormwater pond, clean water channel and outfalls are necessary for the development of the Players and West Diamond lands located west of Green Road as is the extension of Prince William Boulevard to Regional Road 57. They will be provided for in the subdivision agreement respecting the lands west of Green Road as external and stormwater management facilities and roads. 1.4. The Memorandum of Understanding ("MOU") if approved by Council will be a contract between the Municipality, Players, West Diamond and 1613881 which will control key elements of the development of 1613881's lands related to development of the Players and West Diamond lands on the west side of Green Road in order to achieve applicable goals and objectives of the Brookhill Secondary Plan (Official Plan Amendment No. 60 as modified) particularly those related to the provision of necessary supporting infrastructure. A copy of the recommended MOU may be examined in the Planning Services Department. 2.0 KEY ELEMENTS OF THE MEMORANDUM OF UNDERSTANDING 2.1 Road Infrastructure The MOU provides for the transfer of lands for the collector roads, (the Brookhill Boulevard Extension and the Clarington Boulevard Extension) as well as the Type C arterial road (Longworth Avenue Extension). It also provides for their construction and the security that is to be deposited with the Municipality as a guarantee of the performance of the obligations of Players, West Diamond and 1613881 (referred to collectively as the "PW Group"). Further, the MOU provides for the transfer of land and construction of the extension of Prince William Boulevard to Regional Road 57 in order to alleviate traffic conditions at the intersections of Green Road, Clarington Boulevard and Regional Road 57 with Durham Highway No. 2 that otherwise could result from development of the Players and West Diamond lands west of Green Road having regard to the delay in constructing a grade separation at Green Road and the CPR tracks. 2.2 Brookhill Boulevard Extension In the case of the Brookhill Boulevard Extension from Green Road to the east limit of the lands owned by 1613881, the required land is to be transferred to the Municipality on or prior to the registration of a plan of subdivision for the first phase of development of the lands owned by Players and West Diamond west of Green Road. The construction of it at the cost of the PW Group is to begin within 90 days following the occurrence of the Trigger Date. The Trigger Date is 5 years following the earlier to occur of the registration on title of any part of the draft plan of subdivision of the lands owned by Players and West Diamond west of Green Road and the registration on title of the first plan of subdivision of any part of the lands owned by 1613881 between Green Road and the westerly boundary of the Brookhill Tributary lands. The PW Group is required to apply for an Authorization to Commence Works within ninety days following the Trigger Date and to deposit a performance guarantee with the Municipality. The Trigger Date will be extended one year if a minimum of 500 building permits have not been issued on lands west of the Brookhill Tributary including lands within the Players and West Diamond draft plan of subdivision and the residential lands west of Green Road and south of Brookhill Boulevard prior to the occurrence of the 5 year Trigger Date. Any further extension will require an amendment to the MOU. This complex formula provides reasonable protection to Player, West Diamond and 1613881 in these uncertain economic times if economic conditions worsen. In the circumstances, it is fair. 2.3 Clarinaton Boulevard Extension The Clarington Boulevard Extension is proposed to straddle the east property line of the lands owned by 1613881 north of the Brookhill Boulevard Extension to the Longworth Avenue Extension with the result that half of the alignment will be on lands owned by 1613881 and half will be located on the lands owned by others to the east who are not parties to the MOU. In the case of the portion of the Clarington Boulevard Extension located on the lands owned by 1613881, lands for the required alignment (located exclusively on 1613881's lands) are to be transferred to the Municipality in two sections. The first section from the southerly boundary of 1613881's lands to the northerly boundary of Brookhill Boulevard is to be transferred at the same time as the lands for the Brookhill Boulevard Extension. The second section located on 1613881's lands from the Brookhill Boulevard Extension to the Longworth Avenue Extension is to be transferred on or prior to the registration of the first plan of subdivision of any part of 1613881's lands east of the Brookhill Tributary lands. Construction of the portion of The Clarington Boulevard Extension located on 1613881 's Lands is related to the approval of a draft plan of subdivision for any part of 1613881's lands located east of the Brookhill Tributary. Provision is made for construction of it to be staged. Provision is also made for the transfer of temporary easements for access and necessary services in the event that the Clarington Boulevard Extension has not been constructed to reach the local street abutting the neighbourhood park and school site in the south-west quadrant of the Clarington Boulevard Extension and the Longworth Avenue Extension when the total number of residential units existing or for which building permits have been issued in the Brookhill Neighbourhood equals or exceeds 850. 2.4 Lonaworth Avenue Extension In the case of the Longworth Avenue Extension from the westerly limit of the Players and West Diamond lands to the easterly limit of 1613881's lands, the land required will be transferred to the Municipality when the final alignment of the road has been determined through the Environmental Impact Study ("EIS") process that is now under way, the approval of plans of subdivision that include portions of the right-of-way; or through an Environmental Assessment which the Municipality of Clarington will undertake at its cost pursuant to the Environmental Assessment Act. The road will be constructed at the cost of the PW Group following a notice given by the Director of Engineering Services following consideration of a transportation analysis that he has determined that the Longworth Avenue Extension and the Structure for the Brookhill Tributary crossing must be constructed in order to deal effectively with traffic operations and/or safety issues identified in the analysis. The Structure is to be constructed at the cost of the Municipality. 2.5 Prince William Boulevard Extension Currently, Prince William Boulevard is constructed from Green Road to Pethick Street. The MOU provides for its extension from Pethick Street to Regional Road 57. The land required for the extension together with 0.3 metre reserves are to be transferred to the Municipality on or prior to the registration on title of a plan of subdivision for the first phase of development of the Players and West Diamond lands located west of Green Road. The required land is owned by a numbered company which is a member of the Kaitlin Group. Players and West Diamond are responsible to obtain the transfer to the Municipality and for the cost of construction of the extension to a rural profile. The MOU provides that Players and West Diamond will not permit the occupancy of any dwelling on their lands west of Green Road that is within draft plan of subdivision S-C-2004-004 until the extension is completed. 2.6 Parks and ODen SDace The neighbourhood park and the neighbourhood parkette on the lands owned by 1613881 are to be transferred to the Municipality for a nominal consideration on or prior to the later to occur of the registration of a plan of subdivision of any part of 1613881's land, ninety days after the final approval of the EIS for the adjacent Brookhill Tributary lands, and ninety days after the approval of the final alignment for the Longworth Avenue Extension under the Environmental Assessment Act. A park development concept plan for the park will be prepared by the PW Group. The cost of construction of the parkette and park will be the responsibility of the Municipality. The Brookhill Tributary lands between Regional Road 57 and the future Longworth Avenue extension are being examined through the EIS. A Naturalization Plan will also be prepared by the PW Group pursuant the Brookhill Secondary Plan. The MOU provides for the Municipality to have the option to purchase the portion of the Brookhill Tributary located on 1613881's lands south of the Longworth Avenue Extension for a nominal consideration at a time selected by the Municipality. However, that time cannot be earlier than the day which is twelve months after the day on which the final alignment of the Longworth Avenue Extension is determined. The PW Group will pay the Municipality $100,000 to be spent in its discretion on the Brookhill Tributary lands to be transferred to the Municipality to implement recommendations of the Naturalization Plan and/or the applicable EIS as finally approved. Payment is to be made on or prior to the registration on title of a plan of subdivision for the first phase of development of the Players and West Diamond lands west of Green Road. Provision is made for the transfer of the Provincially Significant Wetlands and required buffer on the Players and West Diamond lands north of the planned Longworth Avenue Extension and west of Green Road to the Municipality for a nominal consideration when the EIS is finally approved and the final alignment of the Longworth Avenue Extension has been determined. 2.7 Other Matters The MOU provides for its unwinding if the planning documents dealt with in this Report are not approved or enacted by the Ontario Municipal Board on or prior to March 31,2010. The MOU also contains a number of other provisions designed to protect the Municipality's interests including a provision for the payment of the cash value of an under-dedication of the land for park or other public recreational purposes which is to be determined when the last draft plan of subdivision for the Players and West Diamond lands (west of Green Road) and the last plan of subdivision for the portion of the 1613881- s lands located east of Green Road and south of the northerly boundary of the final alignment of the Longworth Avenue Extension, are approved. If there has been an over- dedication of land for park or other public recreational purposes, the cash value of the over-dedication is to be paid by the Municipality to the PW Group. In either case, the payment is to be made on registration of the first of the plans of subdivision to be registered. c)OU(\C~ I lY\ecl V)3 No\..! , Q3j09 Clarin~ton For Backyard Chickens Written and Compiled By: Emily Pillinger Table of Contents: Introduction The Laws Already Protect Us Chickens and the History of Suburban Development Backyard Chickens are Not Farm Animals Backyard Coops are Attractive and Clean Chickens are Not a Nuisance Legal Chickens Will Not Increase the Need for Animal Control Chickens Do Not Pose a Public Health Risk Chickens and the Environment Chickens and Property Values Lot Size Doesn't Matter Chickens are Educational Chickens and Emergency Preparedness Chickens and the Economic Crisis Appendix A: Chicken Ordinances In Other Communities Appendix B: Backyard Coops Appendix C: The New Coop de Ville Appendix D: Greenhouse Gas Emissions Appendix E: Property Values By Chicken Ordinance Type Appendix F: History of Prohibitions On Chicken Keeping Appendix G: Less Work for Animal Services Pg 2 Pg 2 Pg 2 Pg 3 Pg 3 Pg4 Pg 5 Pg 5 Pg 6 Pg 7 Pg 7 Pg 7 Pg 7 Pg 8 Pg 9 Pg 10 Pg 11 Pg 12 Pg 14 Pg 15 Pg 16 Introduction: In the post-WWII decades, many urban and suburban communities around the country instituted laws intended to distance us from our then unfashionable rural roots. It was a time when neighbourhoods were built without sidewalks, "ChemLawn" seemed like a great name for a business, and keeping chickens in the backyard served as an uncomfortable reminder of the fact Grandma used to slaughter a hen on the back porch every Sunday morning. Suburbanites seeded their lots with grass, installed lawn sprinklers, sprayed and sprayed and sprayed, and passed laws prohibiting chickens in urban and suburban backyards. In recent years, many of us have started to realize that maintaining a close connection to our food is a positive, not a negative, and is a part of living a more sustainable lifestyle. Farmers' Markets are experiencing a revival, people are gardening more, and communities around the nation are changing decades old laws forbidding the keeping of chickens. It is proposed that the Municipality of Clarington amends its Exotic Pets Bylaw to include chickens as legal pets within the municipality. This may be done simply by removing them as a restricted animal, and relying on current bylaws to protect neighbours from noise, odour and maintenance, as is done in Oshawa. Or it may be done by amending the bylaw to include new restrictions on chickens, such as limiting the number, limiting roosters and requiring good animal husbandry, as is done in many other communities such as Niagara Falls and Brampton. The Laws Alreadv Protect Us: Current ordinances in Clarington already provide sufficient protection to residents from possible problems with chicken-keeping. These ordinances include Bylaw 2006-227 Section 4.1.1 which requires that no animal be allowed to run at large, Bylaw 2006-227 Section 10, which requires all animal owners to remove any animal excrement from their property in a timely manner, Bylaw 2007-070, which requires property be maintained, and Bylaw 2007-071 1.2(h), which limits the noise allowed by pets and animals in residential zones. (Of note: typical hens are closed up in their coops between 8 and 9pm during summer months -- earlier in winter -- and do not emerge until mid morning to ensure they lay their eggs in their nesting boxes before being released into their run for the day. While closed up in their coops, hens sleep and are silent.) Chickens and the History of Suburban Development: Why Were Chickens Prohibited by Earlier Lawmakers? The birth of the modern suburb was a time when many of us were seeking to define ourselves as sophisticated and more like those in the cosmopolitan city than like those in unfashionable rural small towns and farming communities. The car was a symbol of that cosmopolitan lifestyle, so we eliminated sidewalks- 2 why, after all, would anyone walk who could afford to drive? The sidewalk became a symbol of poverty and backwardness. Later generations regretted that decision and many have retrofitted sidewalks and streetlights in their neighbourhoods. The keeping of chickens and other food-producing animals was also unfashionable during the decades immediately following World War II, and for similar reasons as the sidewalk. The problem wasn't one of chickens creating a nuisance; it was one of wanting to seem modern, cosmopolitan, and sophisticated. (Appendix F) Backyard Chickens Are Not Farm Animals For thousands of years, chickens, like dogs and cats, have lived alongside people in backyards large and small, in cities and small towns. Unlike a half-ton bull or 400-pound hog, a six-pound hen is not inherently a farm animal. The typical laying hen starts to produce at four to six months, lays nearly daily until she is 6, and then lives another two years. A crucial point is that for backyard chickens (unlike their counterparts on farms), the end of productivity does not bring on the end of life. Commercial chickens are bred to produce large numbers of eggs very quickly and then to be culled and used for such things as animal food and fertilizer. Suburban hens, however, are treated as individuals. They are typically named, and when around age 6 they stop producing eggs, they are 'retired' and treated as pets for the remaining year or two of their lives. Chickens are friendly, social, intelligent, affectionate, entertaining, low- maintenance, small, quiet, and inexpensive to keep. They are quieter and cleaner than most dogs. They uniquely offer suburban and city-dwelling children the opportunity to understand a little more clearly where their food comes from. And they offer all of us the opportunity to produce a little of our own food. Backyard Coops are Attractive and Clean Unlike large commercial poultry operations or rural farms, people in cities and suburbs who keep chickens in their backyards tend to keep them in attractive, well maintained enclosures and treat their chickens as pets. Backyard coops are no more of an inherent eyesore than a trampoline, play structure, or hot tub, and in fact many are portable so that the chickens are never in one place long. Appendix B contains examples of backyard coops on suburban and city lots. We propose that the Municipality requires that coops be attractive, well- maintained, clean, sanitary, and free of odour or other conditions that would cause a nuisance. Alternatively, we propose that the Municipality rely on the previously mentioned Bylaws that already protect us from unsanitary conditions, odour and other nuisances. 3 Chickens Are Not a Nuisance Chickens Are Not Smelly Chickens themselves do not smell. Any possible odour would come from their droppings, but 6 hens generate less manure than one medium-sized dog. The average chicken keeper is also a gardener, and (unlike the feces of dogs and cats, which carry pathogens and can't be composted) chicken droppings represent an excellent source of free organic fertilizer when composted. Dog and cat droppings become Municipal Waste. Unsanitary conditions can result in a build-up of ammonia in large-scale operations, which is why commercial poultry facilities often smell. This is not the case for small backyard flocks. We propose that the Municipality will require that chickens and enclosures be maintained in a sanitary condition free from offensive odours. Alternatively, we propose that the Municipality already has Bylaws that protect from odours. Chickens Are Not Messy Chicken enclosures used in city and urban settings tend to be attractive and are easily maintained. Small flocks are managed with a minimum of time and energy on the part of their owners. We propose that the Municipality will require that enclosures be attractive and well-maintained. Alternatively, we propose that the Municipality already has Bylaws that require property maintenance. Chickens Are Not Noisy Hens are quiet birds. It's only roosters that are known for loud morning crowing, and roosters are not necessary for the production of eggs. The occasional clucking of hens is generally not audible beyond 10-15 feet. Some hens give a few squawks while actually laying an egg or bragging about it afterward, but this noise is very short-lived and much quieter than barking dogs, lawn mowers, leaf blowers, passing trucks, children playing, and other common neighbourhood sounds. We propose that the Municipality will require that chickens be maintained in a manner free from excessive noise and that chickens and enclosures be kept at a distance at which most normal chicken noises are barely audible. Alternatively, we propose that the Municipality already has Bylaws that protect against noise nuisances. Chickens Do Not Attract Predators to the Area Chickens, if left unprotected, are vulnerable to predators. But as the predators of chickens are the same as those of the wild rabbits, squirrels, chipmunks, small birds, and other local wild prey animals already present in our community, they do not themselves attract predators to the area. Because chickens are penned 4 up in the backyard (unlike wild rabbits, for instance, which hide from predators in tall grass, brush and shrubbery), the predators may be seen more often. Coyotes, for instance, are seen more often when they take a cat or small dog than when they take a rabbit. But the presence of chickens does not attract predators to the area; predators are already here. Leaal Chickens Will Not Increase The Need for Animal Control Backyard chickens were legalized in Niagara Falls back in 2002. In 2001 there were 18 complaints made to Animal Services regarding the keeping of urban fowl. Restrictions were set regarding coop placement and maintenance, how many hens are permitted and prohibiting the keeping of roosters. In 2008 there were 0 complaints lodged regarding the keeping of urban fowl. As Animal Control works based on complaints in this regard, the legalizing of chickens, and thus regulations on chicken keeping, has resulted in less work for Animal Control. There is no reason to think Clarington would be different. Chickens Do Not Pose a Public Health Risk The type of Avian Influenza that is contagious to humans has not been found in North America. Bird Flu is spread by contact with the contaminated feces of wild migratory waterfowl. So the key issues are sanitation and contact with wild birds. Unlike rural farm birds which might co-mingle with migratory birds or drink from a shared pond, backyard chickens are contained in an enclosure and watered inside this enclosure. As reported in Newsweek Magazine (Appendix C): ... as the Washington-based World Watch Institute (an environmental research group) pointed out in a report last month, experts including the Pew Commission on Industrial Farm Animal Production have said that if we do see it, it'll be more likely to be found in factoryofarmed poultry than backyard chickens. As GRAIN, an international sustainable agriculture group, concluded in a 2006 report: "When it comes to bird flu, diverse small-scale poultry farming is the solution, not the problem." Unlike cats and dogs which are prime vectors for rabies, parasites, and tick- borne diseases, backyard chickens actually keep your yard healthier for humans by eating ticks, earwigs, mosquitoes and other insects. Chickens are also known for their ability to kill mice and snakes. Salmonella, which has been associated with raw eggs, is a problem with factory farmed eggs, not with backyard chickens. 5 Chickens and the Environment Water Quality and Runoff According to the OSU Extension Service (http://ohioline.osu.edu/b804/8043.html) the average laying hen produces 0.2 - 0.3 pound of droppings per day, as compared to the average dog which produces 1 pound (according to the National Pet Alliance.) Unlike dog and cat waste, chicken droppings can be composted for use on gardens and reduce the need for chemical fertilizers. Chickens reduce the need for pesticides and herbicides by eating bugs and weeds. By their very presence, chickens discourage the use of chemical lawn and garden sprays by their owners. Chicken keeping is likely to represent a net improvement in water and runoff issues rather than the opposite. Issues of manure runoff from egg-producing chickens are associated with huge Factory-style egg farms that generate tons of manure each day in a very concentrated area. For those of us who wish to continue to eat eggs in a sustainable fashion, low-density backyard chicken keeping is the solution to runoff issues, not the problem. Gardeners using commercial organic fertilizers are very likely to be using chicken-manure based products, and those keeping chickens will have less need for even these. So keeping chickens won't increase even the net amount of organic fertilizers used; chicken-keeping gardeners will simply be producing it themselves rather than purchasing it. Greenhouse Gas Emissions In 2008 the City of Fort Collins, Colorado changed their city ordinance to legalize backyard hens. At the time, a thorough investigation was conducted on the environmental impact of residents keeping chickens. At that time, Environmental Planners in Fort Collins' Department of Natural Resources concluded that backyard hens would not significantly impact greenhouse gas emissions. (Appendix D). There's no reason to believe this would be any different here in Clarington. Living Sustainably Increasing numbers of us are interested in living more sustainably, and many communities, Clarington included, are encouraging citizens to reduce waste and consumption of resources. Backyard chickens allow us to reduce our carbon footprint by producing some of our own food. Every food item we can produce organically and on our own property - just outside our back door - is one less item that must be shipped to us and shopped for. Every item of food we raise ourselves represents a step in living a greener, more sustainable, lifestyle. People who have backyard chickens are less likely to use chemicals and pesticides in their yards and gardens because it's healthier for their chickens. In return the chickens eat weeds and bugs that normally plague unsprayed yards. 6 Composted chicken manure is one of the most efficient natural fertilizers and is provided for free with no need for transport. Backyard chickens eat grass clippings which might otherwise end up in the landfills and food scraps which might end up in the garbage and sewage. Chickens and Property Values We believe that the presence of an attractive, well-maintained backyard chicken coop is no more likely to affect values for neighbouring properties than the presence of an attractive, well-maintained backyard rabbit hutch. In addition, some prospective home owners may be attracted to a community with a progressive stance on green issues such as chicken keeping. It's impossible to know which stance is more likely to attract rather than repel the greater number of prospective home buyers - the one that encourages conformity, or the one that encourages sustainability. In fact, some research and data was pulled in Ohio that showed that the areas with the fewest restrictions on the keeping of chickens tended to have the highest property values. (Appendix E.) Lot Size Doesn't Matter Chickens require very little space. Shelter for four or five hens does not require any more space than that represented by many kitchen tables, and a run of 4 square feet per hen is sufficient to keep them happy and healthy. Households all over the country are keeping chickens on city and suburban lots. Whether a backyard chicken-keeper has a quarter of an acre or three hundred, he is likely to keep his hens in an enclosure with the same small footprint. Chickens Are Educational Chicken keeping offers suburban children the opportunity to learn where their food really comes from and about healthy, sustainable, nutritious food. They will see first hand how kitchen scraps become garden fertilizer which in turn produces beautiful vegetables. Instead of simply hearing, "Reduce, Reuse, Recycle," they will actually experience it. Suburban kids can participate in 4H through keeping chickens in a suburban yard. Chickens and Emeraency Preparedness Many governments are asking community members to prepare for emergencies, whatever the cause. Backyard chickens provide a constant stream of fresh eggs without regard to the availability of electricity or refrigeration. Backyard hens will help our community be more food self-sufficient under any circumstances. 7 Chickens and the Economic Crisis The cost of food has risen dramatically lately, including the cost of high-quality, protein-rich, nutrient-dense food such as pastured eggs. Pastured organic eggs cost $4.50 a dozen at Loblaws. In comparison, four backyard hens will require a total of about $60 in feed each year and lay about 120 dozen eggs between them, depending on breed and age. That's a savings of over $400 a year. In addition, an egg provides about 7 grams of protein, which means those 120 dozen eggs - obtained at a cost of $60 per year - will supply the complete protein needs of the average woman. The ability to raise some of your own food can help provide a greater sense of security in insecure times. The Urban/Suburban Chicken Movement Chicken keeping is very popular among those who are concerned about the environment, among those concerned about food safety and security, and among those interested in self-sufficiency and preparedness. Dozens of newspaper and magazine accounts of communities which have changed their laws to allow chickens have been written. Several environmental and educational organizations here in Toronto are offering classes in Beginning Chicken-Keeping, and these have proved popular. 8 Appendix A: Chicken Ordinances in Other Communities Citv/Reaion Source Ordinance Oshawa, Ontario N/A No laws policing chickens. They fall under the General Animal Control Bylaw regarding noise, odour and nuisances. Brampton, Ontario Bylaw 261-93 Coops kept out of public view, coops built to prevent the escape of poultry, refuse disposed in a way as not to cause a public nuisance or health hazard, no roosters, limit of 2 of any species of animal including chickens, dogs and cats. Victoria, BC N/A No laws policing chickens. They fall under the General Animal Control Bylaw regarding noise, odour and nuisances. Vancouver, BC Bylaw not yet released To allow backyard chickens, details still in council. Niagara Falls, Ontario Bylaw 2002-129 Maximum 10 chickens with roosters permitted, chickens not permitted to be "at large", coops only in rear yard, coops in accordance with good animal husbandry to repel vermin and safely keep the chickens, hygienic storage and prompt removal of feces, coop located 15 feet from property lines, property must have depth of 100ft. 9 Appendix B: Backvard CooPs This is a portable chicken coop, designed to be moved from one spot to the next and light enough to be moved by two people (one on each end) or by one if wheels are attached on one end to allow it to be tipped up and rolled along. Each day the chickens get a fresh patch of grass, weeds, and bugs to eat and leave behind a small amount of natural organic fertilizer to feed the lawn. At night they go up into the top where they roost, completely protected from nocturnal predators. The sides come off to allow for cleaning, and the ends open up to allow eggs to be collected and nesting boxes to be cleaned out. It's 42" high and has a footprint on the lawn of 4' x 8', which is enough room to keep 4 to 6 chickens very happy and healthy. You build this yourself from plans. http://www.catawbacoops.com/ Here are a couple of 'Eglu' coops, which are more expensive but extremely easy to maintain. http://www.omlet.us 10 Appendix C: The New COOl) de Ville (Newsweek 11/17/08) The New Coop de Ville The craze for urban poultry farming. Jessica Bennett NEWSWEEK URL: http://www.newsweek.com/id/168740 11 Appendix D: Greenhouse Gas Emissions ']'(l.k+h o-~\.L .- .,..""'-~.- A-rrACllMENT .. Prom; Lucinda Smlth. Soniot Envlronmertlll Pktnner. nepi'tttment of Natural Re&OUrces To: Cameron GloM Data: June 6. 2008 Subject; City Coundl. Meeting of June 3. 2009, FolloW-UP 10 aU96tioo I underatand th.t . question WQC r:lised at the June :3 City Councl meetIng about the poe.ntiaJ Impact of urbM heN on alt QUality. especi911y gmenhoUH gas emlsllOn&. The U.S EPA Web 5it. on methane emlUion eourMS (http://www.epa.gov/rr'l4Jth8nelsourOO5htm~ 5taIH tNIt meth.ne en"IISSlQI1!1 from I1OO-Iul'l'llnant animalS Is insignificant "l~ck onttric ~. Among dOme$IlcaIed !ivnbJcl(. ruminant animals (callie, buffalo. -.heep, goats, and camel$) produce significant amounts 01 methene as part of theIr normal dlgeSUve ~e.. In the lumen. Of IlVge fore- stomacl1, of the.. animalS. microbial ferm8ntation cofM!ft& feed In10 pmducn that can bit digested and utilized by the ....".1. Thb microbial tannentation proee~. refefTod to us 8ll1ot1c fermentation, produces rnoII1arwJ as a by-product. which can be eJCtUlled by the enlmel ......,. ... elect produced In .maI.... quantl1tes by tho dlgoadvtt proc:euw or (J1IMr .nlme... tnOI&Ht.ng hUmiUl., but emiMiOM frOm th..- .~ .,. Inalgntftcant." The US. EPA INVENTORY OF U.S. GREENHOUSE GAS EMISSIONS AND SINKS: 19~2006 (Aptl2008; USEPA f43o..R..oe.oos) fttat85 that ruminant animals ale the majOr ~j!!f' of me4hane because of thuir wlique dlgeatiYe .ystems. Ruminant anfllah; hlM'l th8 Iargafot methane eminJOnS of all 8Oin_. The report ~ the methane emitalOn. from oeof oottIa, dairy cattle. hofa.n. $hwp. Wftne and goats; It don not even consider ohic:;I\M&. (See httn'lIeoa oOV'c1l1nal~b.iJlg9Ieml..lomIdown~d!"OB AUflcult",.. pdt) Most likoefv. the Impacts 01 iner.ased urban chidU".ns In fort CollIns woutd be In!llgniflcont on Inc;;tl gt~ gas ernls!Jions. evon bf'lfote ~Mg the net carbon impact which would factor io reducvd organic food lICI1Ip decomposition 6lInd other ~1 benaflts. 12 From: Brian Woodruff. EnvirorvnerQl PIeMet'. Dep~ of Natural ResoLn>ft ~.+ To: Cameron GIots, Date: June 13. 2000 $ubJKt Update on Chicken Gas I have token the IIbef1y of eatimating the impeet on gr","~ glU (GHG) tmlstl0n9 from urban hen5. in order to lend weight to Lucinda.. drlier oommeot. baaed on USEPA, ,Mt chicken. are e" \n$ignme.nt source because they are not rurrnnant anim8la. Regarding methane from chieken manure. even if ~6ingle.famllV-detaehed hou8ehoId had &bt hens todsy, thew combirwd conltWion to GOO In Fort CoIIln5 would be only 202.000 kilograms of C02 equiValent, or crt( 0.009 pereent of 1tIe Iota' GHG inventory. I would also argue that the l$$UliI ... moot. because an inCfMH In the number of wban hens woutcl be off1et by . dKtMM tn. number of nofHIrban hen&, UL IllUming thllt ovemlt L'Qg tU16urr.,alon would net change. famllle. thIIt tIIlw e!J9' from their own hens would stop buying them from e1eewNn. ~$. if you need them: 1. ~ prod\idlon II 0.05 kglhi!n/y88r (the median of v~ mel1tiOnOd by Coundmember Tmlf~1I] 2. numbef of 6ingIe-famlty-dttael'\ed houNhOkb. 32.000 (bll8OO on 2006 data in Trends; ReportJ 3. toteI GOO InVentory · 2.407.000 lon8Iyasr = 2.24 billiQn kiIogram$/year (2004 data) .t. allculltIon: 32.000 housetIokh x 6 hensJhouaehold )( 005 kg CH4lhen1year x 21 C02eJCH4 · 202.000 kg C0201yoiilf 13 Appendix E: Property Values by Chicken Ordinance Type Property Values and Chicken Keeping Suburb Chicken Keeping 2007 Average Home Sale Ordinances Price Indian Hill, OH Permit $1019K Terrace Park, OH Generally Permit $400K Wyoming, OH Generally Permit $326K Symmes TwnShp Permit $313K Montgomery Generally Permit $297K Evendale Generally Permit $288K Glendale Generally Permit $274K Mariemont Generally Permit $274K Mason Essentially Prohibit $213K Madeira Generally Permit $212K Blue Ash Case by Case $202K Loveland Generally Permit $174K Fairfield Essentially Prohibit $166K Sycamore Twnshp Essentially Prohibit $165K Sharonville Restricted $157K Milford Generally Permit $152K Sprinadale Essentially Prohibit $144K Reading Restricted $131K Deer Park Generally Permit $130K Silverton Essentially Prohibit $127K *From www.city-data.com "Generally permit" indicates chicken-keeping is allowed under minor restrictions intended to prevent chickens from becoming a nuisance "Restricted" indicates chicken-keeping is nominally allowed, but ordinances will prevent a significant number of residents from keeping chickens "Essentially prohibit" indicates chicken-keeping is nominally allowed but under such profound restrictions as to prevent most residents from keeping chickens 14 Appendix F: History of Prohibitions on Chicken-Keeping From Harvest of the Suburbs (2006) by Andrea Gaynor: "In the 1960s it appears that, as Andrew Brown 0 May has suggested, 'the increasing restriction on the keeping of productive animals was based as much on the abandonment of a perceived outdated rural era in favor of a progressive urban ideology' as it was on concerns for health or the obviation of nuisances. This 'urban ideology' - part of the 'modern outlook' - included an element which lauded consumption and disparaged at least some types of production. Margo Huxley has proposed that such 'byDlaws' can be seen to support consumerist trends in domestic life by regulating the amount of (nonDhorticultural) food production which can be undertaken on suburban blocks', but they can also be seen as participating in the creation of those trends. (ed - emphasis mine.) In other words, the exclusion of productive animals from residential areas was one way in which various state instrumetalities - generally operated by middleDclass technocrats - sought to produce clean, modern communities people with cosmopolitan commuters and consumers. Although vegetable gardening and fruit production remained acceptable suburban pastimes, in the ideal modern suburb, the whine of the Victa motor mower would no longer have to compete with cuckling and cackling..." 15 Appendix G: Less Work for Animal Services Numbers Illustrate Complaints in the City of Niagara Falls There have been very few complaints since the passing of the By-law in 2002. In 2001 we dealt with 38 complaints in regard to the keeping of (farm type) animals within the urban boundary which included 18 related to fowl. Through the years that number has decreased to one or two per year as listed below; 2003 - 16 complaints 2004 - 14 " 2005 - 6 " 2006 - 2 " 2007 - 1 " 2008 - nil" The majority of the complaints related to chickens had to do with the keeping of a rooster (not permitted) and the maximum number of birds was being surpassed. We do get several inquiries (12-15) every year mostly asking how many birds that a person may keep, however there are no records of those calls. Robert Judge Manager of By-law Services 905-356-7521 ext 4262 16 C1ari~gton eadiag he W y MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: November 23, 2009 Subject: COUNCIL AGENDA -NOVEMBER 23, 2009 Please be advised of the following regarding tonight's meeting: STAFF REPORT(S) Report PSD-111-09 -Proposed Official Plan Amendment, Proposed Plan of Subdivision and Zoning By-Law Amendment to Permit 423 Residential Units, Applicant: West Diamond Properties Inc. and Players Business Park Ltd. -Attached please find Replacement Pages 16 (revisions to section 11.2.5) as well as Page 2 of Attachment No. 4 (changes to bulleted section). BY-LAWS Attached is rev' d Summary of By-laws. 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, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: PSD-111-09 PAGE 16 REPORT NO.: PSD-111-09 PAGE 16 11.2.4 This development is the first proposed plan of subdivision within Clarington containing municipal rear lanes in accordance with the policies of the Brookhill Secondary Plan. Lanes are used for vehicular access to the lots abutting the Neighbourhood Commons Square (parkette) and Brookhill Boulevard. This allows for housing forms facing the street without the appearances of garages and driveways. Housing on Brookhill Boulevard will have rear lane access. These homes are mix of small lot singles, semi- detached and townhouse units. The absence of garages and driveways will provide more opportunity for on-street parking and better urban design. It will also provide a transition to the higher density development which will occur south of Brookhill Boulevard. 11.2.5 The Neighbourhood Common Square has frontage on two streets and flanked to the north and west by a mix of singles and semi-detached units which are access by a rear lane. The twenty four (24) dwellings will have front doors facing onto the parkette. This provides for a good interface with the parkette from an urban design point of view and is efficient for the developer as no road is required. This layout is being considered here on a trial basis: 11.2.6 The draft plan also provides for a mix of lot sizes to permit various housing forms. Singles, semi-detached, semi-detached/links and townhouses are inter-dispersed providing for a diverse streetscape. "Cap-end units" are proposed to provide a greater number. of small units with a more architecturally pleasing corner unit by placing the garage facing the side street. This reduces the number of driveways on the other, usually busier street. The amenity area for this unit is limited to a courtyard facing the side street rather than a typical rear yard amenity area. Cap-end units will be in the form of linked dwellings. btw ~ watchorn~l of Understanding with the Municipality of Clarington and such other persons as the Municipality of Clarington Director of Planning Services and Director of Engineering Services deems to necessary providing for the transfer of lands to the Municipality and the provision of certain external works and services within the Brookhill Neighbourhood as defined in the Municipality's Official Plan. The Memorandum of Understanding shall include among other matters the timing and terms of the transfer of lahds to the Municipality, and timing of construction and costs associated with the external works and services. These include but are not limited to: • The construction of Brookhill Boulevard between Green Road and the easterly boundary of lands owned by 1613881 Ontario Inc.; • The construction of Clarington Boulevard from its current terminus to future Longworth Avenue extension; • Transfer of lands for Longworth Avenue, from the westerly most boundary of S-C 2004-004 to Clarington Boulevard; • Transfer of 5.00 m road widening on the east side of Green Road along the full frontage of the lands owned by 1613881 Ontario Inc.; • Transfer of parkland on the east side of Green Road on the lands owned by 1613881 Ontario Inc; • Transfer of Open Space lands on the east side of Green Road; • Transfer of Open Space lands on the west side of Green Road, north of Longworth Avenue; • An option to purchase lands for an elementary school on the west side of Clarington Boulevard including appropriate access and servicing; and • The construction of Prince William Boulevard from its current terminus to Regional Road 57. 10. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval prior to the execution of a subdivision agreement. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time and the Community Theme Plan and Urban Design Implementation Plan as approved. 11. -The Owner shall submit a detailed Tree Preservation Plan to the satisfaction of the Director of Engineering Services and the Director of Planning Services. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. Changes to the final plan may be required to accommodate tree preservation needs. 12. The Owner agrees to provide a revised On-Street Parking Plan to the satisfaction of the Director of Engineering Services. The on-street parking plan must meet the approved on-street parking criterion. Conditions of Draft Approval (S-C-2004-004) Page 2 SUMMARY OF BY-LAWS November 23, 2009 BY-LAWS 2009-157 Being a By-law to authorize the execution of a Memorandum of Understanding between Players Business Park Ltd., West Diamond Properties Inc: and 1613881 Ontario Inc. and Corporation of the Municipality of Clarington (Staff Report #3) 2009-158 Being a By-law to being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Bowmanville Creek Developments Inc.) (Item 5 of Report #1) 2009-159 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Eagleson Construction, Millbrook, Ontario, to enter into agreement for High Street, First Street, Third and Fourth Street Reconstruction, Bowmanville, Ontario (Item 8 of Report #1) 2009-160 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and On the Edge, Courtice, Ontario, to enter into agreement for the lease space at Garnet B. Rickard Recreation Complex, 2440 King Street West, Bowmanville, Ontario & South Courtice Arena, 1595 Prestonvale Road, Courtice, Ontario to operate afro-shop (Item 14 of Report #1) 2009-161 Being a By-law to amend By-law 96-32, as amended, to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees (Item 9 of Report #1) 2009-162 Being a By-law to establish a fee for Marriage Licenses for the Municipality of Clarington and to repeal By-law 2002-008 (Item 9 of Report #1) 2009-163 Being a By-law to establish a Code of Conduct for Members of Council (Item 10 of Report #1) 2009-164 Being a By-law to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue Notices of Termination pursuant to the Residential Tenancies Act, 2009 to the owners of the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective ground leases are terminated on December 31, 2010 (Staff Report #4) Summary of By-laws - 2 - November 23, 2009 2009-165 Being a By-law to authorize the Municipal Clerk on behalf of the Municipality of Clarington to issue a Notice of Termination pursuant to the Residential Tenancies Act, 2006 to the tenants of the cottages on Lots 1 and 11 on Plan 345 that their respective leases are terminated the day that is 120 days after notice is given ending with the last day of the tenancy or the term (Staff Report #4) 2009-166 Being a By-law to authorize the execution of a Postponement Agreement between the Royal Bank of Canada, Players Business Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc. and the Corporation of the Municipality of Clarington (Staff Report #3)