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HomeMy WebLinkAbout05/10/2010• ar..~ n Energizing Ontario DATE: MONDAY, MAY 10, 2010 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 April 26, 2010 PRESENTATIONS There are no Presentations scheduled for this meeting. DELEGATIONS (List as of Time of Publication) a) Lynn Helpard -Report PSD-057-10 -Proposed Neighbourhood Design Plan and Official Plan Amendment to Add Three (3) Medium Density Residential Symbols and Change Housing and Population Targets in the Foster Neighbourhood of the Official Plan (Patricia Stephenson, Robert and Daniele Stephenson, and Garthwood Homes Limited) (Unfinished Business #1) COMMUNICATIONS Receive for Information I - 1 Minutes of Central Lake Ontario Conservation Authority dated April 20, 2010 I - 2 Shelley Molica, Treasurer, Clarington East Food Bank, Clarington East Economic Support - Letter of Appreciation I - 3 Margaret Maskell - "Support Our Troops Banners" I - 4 J. Paul Johnson, President, Ontario. Good Roads Association, OGRA - Management of $750,000 Fund for Bridge Infrastructure Data CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905=623-3379 Council Agenda - 2 - May 10, 2010 I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Rouge Park Alliance Governance Review I - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Quarterly Report on Planning Activities I - 7 Sharon McCartney, Special Events/Rental Coordinator, Orono Town Hall Board of Management - Letter of Appreciation I - 8 Kawartha Conservation - 2009 Annual Report Receive for Direction D - 1 Shari Lovelock, Director of Development, Central Region CNIB -Request for Proclamation of "CNIB Day" D - 2 Joan Booth, Executive Director, Spina Bifida & Hydrocephalus Association of Ontario -Request for Proclamation of "Spina Bifida and Hydrocephalus Awareness Month" D - 3 Robert K. Weafer, Paralegal - Request for Operation of Physically Disabled Passenger Vehicle (PDP) D - 4 James Hale -Request to Discuss Settlement Opportunities regarding a Legal Matter D - 5 Petra Schwirtz, Chair, Clarington Marketing Minds -Request for Proclamation of "Clarington Tourism Week" D - 6 Debbie Shields, City Clerk, City of Pickering -Endorsement of Private Members' Bill 18 (Local Democracy and Accountability) COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of May 3, 2010 STAFF REPORT(S) 1. Report CAO-004-10 -Dredging of Bowmanville Creek 2. Confidential Verbal Report of the Solicitor Concerning Newcastle Recycling (Information to be Distributed Under Separate Cover) BUSINESS ARISING FROM NOTICE OF MOTION Council Agenda - 3 - UNFINISHED BUSINESS May 10, 2010 1. Report PSD-057-10 -Proposed Neighbourhood Design Plan and Official Plan Amendment to Add Three (3) Medium Density Residential Symbols and Change Housing and Population Targets in the Foster Neighbourhood of the Official Plan (Patricia Stephenson, Robert and Daniele Stephenson, and Garthwood Homes Limited) (Tabled to Council by General Purpose and Administration Committee on May 3, 2010) 2. Report EGD-016-10 -Reconstruction of Liberty St. from Baseline Rd. to King St. E. - Bowmanville (Tabled to Council by General Purpose and Administration Committee on May 3, 2010) BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT a rl1 ~~^ ^~^ ~`0~'ngtJuway Council Meeting Minutes April 26, 2010 Minutes of a regular meeting of Council held on April 26, 2010 at 7:00 p.m., in the Council Chambers. Councillor Woo led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Chief Administrative Officer, F. Wu Present: Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Solicitor, D. Hefferon Director of Operations, F. Horvath Acting Director of Planning Services, F. Langmaid Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Novak announced the following: • On Wednesday, April 21, 2010, she, along with Councillor Foster, attended the Environmental Earth Angels Schoolyard Tree Planting Program at Monsignor Leo Cleary Elementary School. • She attended the Clarington Older Adults Association "Volunteer Appreciation Night" at the Beech Centre. • On Thursday, April 22, 2010, she attended the Friends of the Farewell Dinner. • On Thursday, April 22, 2010, Dr. Gary Polonsky was inducted into the Oshawa Walk of Fame. • On Friday, April 23, 2010, she attended the Rose Volunteers "Coffee to Kandahar" event. Council Meeting Minutes - 2 - April 26, 2010 • She participated in "PITCH-IN" Day on Saturday and Earth Day events. Councillor Hooper announced the following: • This weekend the Annual Maple Festival and All That Jazz will be held in Downtown Bowmanville featuring entertainment for all. • Today, he attended the Grand Opening and Ribbon-Cutting for Bella Donna's Cafe. • He announced that an artistic wood carving created by Jan Oegema depicting his interpretation of bringing individuals back from Kandahar was on display at the Rose Volunteers "Coffee to Kandahar event". Councillor Hooper is hopeful that the carving will be on display for the Maplefest Event this weekend. Councillor Foster announced the following: • He participated in the Earth Day Event cleanup on Trulls Road with the Courtice Lions Club. • He attended the Clarington Board of Trade Annual General Meeting on Thursday and extended congratulations to Randy Henry, the new President. • On Sunday, April 25, 2010, he attended the Rain Outreach Ministry, a new faith-based organization. • On Wednesday, April 28, 2010, the CTC Source Protection Committee is hosting a public meeting at the Legends Centre in Oshawa to give residents an opportunity to review the draft Proposed Assessment Report providing information on the quality and quantity of drinking water sources for Durham Region. • The Rotary Club of Bowmanville is hosting the Paul Harris Event on Thursday, April 29, 2010. • On Saturday, May 1, 2010, Whitecliffe Terrace Retirement Residence will have the ground-breaking for the cenotaph. Councillor Trim announced that at the Regional Works Committee on April 7, 2010, a motion was approved to award the contract for the replacement of the Orono Creek Culvert on Main Street in the amount of $197,162, plus taxes to R. J. Burnside and Associates approving the much-needed improvements. Mayor Abernethy announced that last Tuesday, Ontario Power Generation announced it would be proceeding with site preparation and servicing for a proposed 250,000 square foot multi-purpose building on OPG-owned land in the Clarington Energy Business Park. The space is required to support refurbishment of Darlington A reactors, a $6-10 billion project. Councillor Novak highlighted an article in the April 21, 2010, edition of the Novae ResUrbis newsletter entitled "Clarington Goes Green" regarding the Green Community Strategy. Council Meeting Minutes - 3 - April 26, 2010 Councillor Trim stated that Ontario Power Generation will become the anchor for the Energy Park area and that many businesses will benefit from the announcement. Resolution #C-169-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on April 12, 2010, be approved. "CARRIED" PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS There were no delegations considered under this section of the Agenda. PUBLIC MEETING - BY-LAW TO SUBMIT A QUESTION TO THE ELECTORS In accordance with Section 8.1(3) of the Municipal Elections Act, a public meeting was held to consider the passage of a by-law to place the following question on the October 25, 2010 municipal election ballot: "Should the Council of the Municipality of Clarington approve the following resolution: THAT the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote. YES NO" Libby Racansky stated the environment, economy and social structure has changed in Courtice but that Regional Planning remains the same. She spoke in support of placing the question on the ballot as she feels that the Region could be managed better with the Chair being elected by general vote. Jim Richards stated the right to choose or elect political representatives is the basic tenet of a free society and through the electoral process, community leaders are held accountable to the taxpayers. Mr. Richards stated that this is not the case in Durham Region where the most senior official, the Regional Chair, is not elected but appointed by other mayors and Regional Councillors. Mr. Richards stated in his opinion that the current Chair, Roger Anderson, seems to rule through threat and intimidation and this is not acceptable and that he is, in Mr. Richards' opinion, a "bully". Council Meeting Minutes - 4 - April 26, 2010 Mayor Abernethy provided Mr. Richards with the opportunity to rescind his disparaging comments regarding Mr. Anderson. Mr. Richards declined to rescind his comments and the delegation was ended. COMMUNICATIONS Resolution #C-170-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 1 and I - 16. "CARRIED" I - 2 Minutes of the Central Lake Ontario Source Protection Authority dated March 23, 2010 - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 13, 2010 1 - 4 Minutes of the Clarington Accessibility Advisory Committee dated April 7, 2010 I - 5 Gord Lee, Chair, Arena Management Committee, Newcastle Memorial Arena Management Board, thanking Council for providing the Board with a $2,500 grant which will be put to good use towards arena improvements. I - 6 Victoria Kehoe, Executive Director, Distress Centre Durham, thanking Council for the donation of $1,000 towards their Adolescent Suicide Awareness Program and for the municipality's continued support which helps the centre continue to provide services and programs to those in need in Durham Region. I - 7 Cheri Smith, Manager, Resource Development & Special Events, The Clarington Project, Community Living, thanking Council for providing the Clarington Project with $1,000 from the 2010 Municipal Grant program enabling Community Living members to continue to provide the highest quality of life possible for people with intellectual disabilities by creating opportunities for inclusion, citizenship, acceptance and partnership. Council Meeting Minutes - 5 - April 26, 2010 I - 8 Wayne Robbins, Chief Nuclear Officer, Ontario Power Generation, (OPG) forwarding a fact sheet on OPG's two-part Nuclear Investment Strategy in Durham announcing that OPG will proceed with the detailed planning phase for the mid-life refurbishment of the Darlington Nuclear station and indicating that OPG plans to invest approximately $300 million in the continued safe and reliable performance of the Pickering B station for about ten years. In addition, OPG will continue the planning and regulatory work for the construction and operation of new nuclear units at the Darlington site. Further information on the strategy is available by contacting Vanessa Hughes in the Darlington Information Centre at 905- 623-6670, ext 7443 or Don Terry in the Pickering Community at 905-839- 1151, ext. 5966. I - 9 Debi A. Wilcox, Town Clerk, Town of Whitby, writing to P. Madill, Regional Clerk, Region of Durham, advising that on March 29, 2010, the Town of Whitby adopted the following resolution pertaining to Direct Election of the Regional Chair: "1. THAT Report CS 13-10 of the Director, Corporate Services/Treasurer be received for information; 2. THAT Corr. 09-10 from the Municipality of Clarington dated February 16, 2010 and included as Attachment #1 be received for information; 3. THAT Corr. 10-10 from the City of Pickering dated February 18, 2010 and included as Attachment #2 be received for information; 4. THAT Corr. 11-10 from the City of Pickering dated February 18, 2010 and included as Attachment #3 be received for information; 5. THAT in the event the Region proceeds with a question on the ballot, that the Town hereby requests that a public communications plan be developed in order to ensure the electors are well informed about the question on the ballot; and 6. FURTHER, THAT based on the resolution of Regional Council on March 10, 2010 that no further action be taken and that the Region and area municipalities be so advised." I - 10 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the Honourable Jim Prentice, Minister of the Environment, advising that on March 29, 2010, the Town of Ajax adopted the following resolution pertaining to Drinking Water Source Protection EBR Posting: Comment on Draft Regulation for Source Protection Plans: Council Meeting Minutes - 6 - April 26, 2010 "1. THAT the report entitled "Drinking Water Source Protection EBR Posting: Comments on Draft Regulation for Source Protection Plans", dated March 25, 2010; be endorsed; 2. THAT the Provincial Minister of the Environment be respectfully requested to better protect Lake Ontario as a source of surface drinking water by directing the Ministry to amend the proposed Draft Regulation as follows: a) delete Section 19.4(c), thereby continuing to identify sewage systems as "prescribed activities" and require their evaluation as significant threats to drinking water sources in Assessment Reports and Source Protection Plans; and, b) modify Section 19.13 (Significant Threat Policies) in the manner set out in Attachment No. 2 to this report; 3. THAT the Minister be respectfully requested to direct the Ministry to: a) establish protective water policies and water quality targets for Lake Ontario in the Source Protection Plans for the CTC Region to achieve reduced contaminant emissions from Sewage Treatment Plants; b) widen the scope of spill scenario modeling to include not only pathogenic and algal threats but also chemical and radiological threats, and evaluate longer times-of-travel, to plan for extended closure of Water Supply Plants along the Lake Ontario shoreline due to, for example, prolonged persistence of a tritium spill or cyanobacteria blooms in coastal waters; c) protect groundwater resources not presently tapped by municipal drinking water systems as possible future drinking water sources in the event of a catastrophic event affecting Lake Ontario water for a long period of time; and, d) require a more comprehensive consultation process be undertaken by the CTC Region in the Town of Ajax, including public open houses with presentations and Q&A sessions in afternoons and evenings, regarding draft and proposed Assessment Reports and Source Protection Plans being prepared by the Toronto Region Source Protection Authority and the Central Lake Ontario Source Protection Authority; Council Meeting Minutes - 7 - April 26, 2010 4. THAT the Minister be respectfully requested to: a) provide sustained, reliable funding for continued evaluation of potential threats posed by Sewage Treatment Plant discharges into Lake Ontario, which is the Town of Ajax's primary source of drinking water; b) require integration of the best available wastewater treatment technologies into all stages of the expanding Duffin Creek Sewage Treatment Plant, as well as ongoing performance monitoring, and installation of better technologies during the lifetime of the Plant as they become available; c) impose stringent treated effluent standards for Lake. Ontario receiving waters along the West Durham Waterfront where combined discharges from the Duffin Creek Sewage Treatment Plant, the Pickering Nuclear Generating Station and Duffins Creek merge in close proximity to the Ajax Water Supply Plant's intake and Rotary Park Beach; d) require the Regions of York and Durham, as part of the environmental assessment being initiated to identify how constraints posed by the Duffin Creek Sewage Treatment Plant's submerged outfall/diffuser to increasing the volume of treated wastewater discharged can be overcome pursuant to existing Ministry conditions and as a prerequisite to the filing of an Environmental Study Report with the Ministry, to: i) undertake comprehensive sampling and analyses of the widest possible range of contaminants in waters and sediments in the receiving water, co-operatively and in conjunction with the Town of Ajax; ii) require the Regions to share and discuss the scientific analyses and findings with the Town of Ajax; and, iii) require the Regions to bear the cost of peer reviews by consultants retained by the Town, and to meet with the Town and peer reviewer, as may be necessary, to discuss options and solutions to any outstanding Ajax concerns; Council Meeting Minutes - 8 - April 26, 2010 e) work with the Ministers of Research and Innovation and Health to: i) promote funding of research and development into improved wastewater treatment and clean-water technologies; and, ii) provide sufficient funding to enable the purchase, installation, monitoring and upgrading of clean-water technologies in Water Supply Plants, as well as wastewater treatment technologies in Sewage Treatment Plants, to protect water quality and human and aquatic health; 5. THAT the Federal Minister of the Environment be respectfully requested to: a) expedite the protection of human and aquatic health in the Great Lakes Basin by amending the proposed Federal Regulation for Municipal Sewage Treatment Plant Effluent to address the concerns identified in this staff report, including applying stringent effluent limitations on municipal Sewage Treatment Plants, including York and Durham Regions' Duffin Creek Sewage Treatment Plan on the West Durham Waterfront; b) impose requirements for advanced wastewater treatment technology on municipal Sewage Treatment Plants, with tertiary treatment and stringent nutrient limitations as minimum standards; c) in the absence of Provincial action with respect to municipal Sewage Treatment Plants, impose more stringent treated effluent emission limitations on large- scale Plants in the Great Lakes Basin, including the Duffin Creek Plant, to reduce contaminant emissions (i.e., nutrients, pathogens and chemical) into our finite, diminishing freshwater resources, including the embayment along the West Durham Waterfront on the north shore of Lake Ontario where the large Duffin Creek Plant is expanding to release increasing volumes of treated effluent in close proximity to the Ajax WSP intake for many decades ahead; Council Meeting Minutes - 9 - April 26, 2010 d) provide sufficient, sustained funds to conduct a further joint study of the sources and effects of contaminant discharges on water quality within the confined Great Lakes Basin watershed; and, e) direct Environment Canada and Health Canada researchers to continue to co-ordinate their work, costs and resources with fellow researchers at the Ontario Ministry of the Environment to consolidate their findings and identify effective actions that need to be taken to protect water quality; and, 6. THAT this report be forwarded to the Federal and Provincial Ministers of the Environment, the Minister of Research and Innovation, the Minister of Health, the Great Lakes and St. Lawrence Cities Initiative, the CTC Source Protection Committee, Toronto Region Source Protection Committee, Central Lake Ontario Source Protection Committee, Durham Region, the area municipalities in Durham Region, and Durham Region Members of Parliament and Members of Provincial Parliament." I - 11 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham, forwarding for information a copy of Report 2010-P-21 of the Commissioner of Planning with respect to Monitoring Growth Trends. I - 12 Sandra Kranc, City Clerk, City of Oshawa, writing to Debbie Shields, City Clerk, City of Pickering, advising that on April 6, 2010, Oshawa City Council adopted the following resolution of the Finance and Administration Committee pertaining to a Regional Integrity Commissioner: "1. THAT pursuant to City Council Referral FA-10-104 the City of Oshawa endorse the City of Pickering's motion requesting the Region of Durham retain an Integrity Commissioner to serve the Region of Durham and area municipalities; and, 2. The Region of Durham be advised the City of Oshawa will accept its share of the cost on a per-use basis." I - 13 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on April 6, 2010, Oshawa City Council received and filed correspondence dated March 23, 2010, from the Municipality of Clarington pertaining to Ballot Question -Election of Regional Chair. Council Meeting Minutes - 10 - April 26, 2010 I - 14 Ken Nash, President, Nuclear Waste Management.Organization (NWMO) forwarding a copy of the Nuclear Waste Management Organization's Annual Report for 2009, Moving Forward Together, Canada's plan for the long-term management of used nuclear. fuel, and a copy of Implementing Adaptive Phased Management 2010 to 2014, their annual five-year strategic Plan presenting highlights of their work program in seven key areas, and proposed activities to support continued progress; and, welcoming Council's views on the contents of the Annual Report and Implementation Plan. - 15 Greg Ashbee, P.Eng., Manager, Infrastructure Expansion Planning, Metrolinx, forwarding the Notice of Study Completion for the East Regional Bus Maintenance and Storage Facility Class Environmental Assessment and Preliminary Design Study; indicating based on the review of alternatives and consultation with stakeholders and agencies, the preferred potential location for the bus maintenance and storage facility has been proposed for 1002 Thornton Road South, Oshawa; advising that the Environmental Study Report (ESR) will be placed on public record for a duration of 45 calendar days from April 21 until June 7, 2010 and an electronic copy will be available at gotransit.com under the Expansion Projects. Paper copies will be available for viewing only at several locations within the study area including Oshawa City Hall, Whitby Town Hall, City of Oshawa Public Library, McLaughlin Branch and GO Transit. I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated March 4, 2010 Resolution #C-171-10 Moved by Councillor Trim, seconded by Councillor Novak THAT the Minutes of the Task Force for Attracting Higher Education Facilities dated March 4, 2010, be received for information; and THAT staff inform Council of the potential sites prior to presenting them to the Task Force. "CARRIED" Council Meeting Minutes - 11 - April 26, 2010 I - 16 Scott Lewis, Communications Manager, Canada Post Corporation, advising that as part of Canada Post's ongoing commitment to ensure the safety of employees, customers and the general public, Canada post representatives will be conducting traffic safety assessments on all rural mail boxes in the country using a comprehensive traffic safety assessment tool; advising that a review of rural mailboxes in Orono will commence the week of April 19, 2010; indicating that customers on Orono delivery routes will be informed prior to the assessment and will be notified of the results; and, advising that it is Canada Post's intention to maintain delivery to these rural mailboxes whenever possible and will only modify customer delivery modes as a last resort. Resolution #C-172-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item I - 6 from Scott Lewis, Communications Manager, Canada Post Corporation, concerning Rural Mail Safety Review be received for information; and THAT the Municipal Clerk contact Canada Post Corporation requesting that they place an information notice regarding the review in the local newspapers. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Item D - 14 was received as a hand out. Resolution #C-173-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 8 be approved as per the agenda. "CARRIED" D - 1 Orono BIA requesting the closure of Main Street between Centreview Street and Park Street on August 14, 2010, from 9:00 a.m. until 5:00 p.m. for the Annual Antiques and Art Street Festival and on Saturday, September 25, 2010, from 9:00 a.m. until 5:00 p.m. for the Chili. Cook-Off. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 12 - April 26, 2010 D - 2 David Staples, Parade Chairman, Durham Central Fair (Orono) requesting permission to hold the Elementary School Parade on Friday, September 10, 2010 and the Fair Parade on Saturday, September 11, 2010; forwarding the map routes including beginning and ending times; and, indicating that proof of insurance coverage with the Municipality of Clarington and the Region of Durham as additional insured in the amount of $2 million will be provided. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 3 Larissa Gabriel, Administrative Assistant, The Canadian Hearing Society, requesting that the month of May be proclaimed as "Hearing Awareness Month" in order to promote public understanding and awareness of the needs of culturally deaf, oral deaf, deafened and hard of hearing Canadians and to emphasize the importance of protecting our hearing. (Proclaimed) D - 4 ~Udana Muldoon, Public/Media Relations, Pride Durham Volunteer Committee, requesting the week of June 6 to 13, 2010 be proclaimed as "PRIDE Week" in support of the fight against homophobia; and, requesting permission to fly the Rainbow Flag, the international symbol of gay, lesbian, bisexual, transgender and transsexual communities during the week. (Proclaimed and permission granted to fly the Rainbow Flag) D - 5 Philip Smith outlining the process regarding the Appeal of a Muzzle and Control Order placed on an unleashed dog who attacked his leashed dogs on December 21, 2009; indicating that the process is flawed in that he was not provided sufficient notice to enable him to attend the Appeal Hearing and as such the Muzzle and Control Order was quashed; and, suggesting that Council explore improving the by-law appeal process to ensure that this type of situation is not repeated. Mr. Smith is also requesting a copy of the minutes of the appeal hearing. (Correspondence referred to the Municipal Clerk) Council Meeting Minutes - 13 - April 26, 2010 D - 6 Paul Slemon, Hands in Motion, Massage Therapy & Sports Injury Clinic, requesting permission to stage the 2010 Terry Fox Run on Sunday, September 19, 2010, and requesting to hang the Terry Fox Run/Walk banner at the west end of Bowmanville at the railway bridge; indicating the routes, insurance and police coverage will be the same as last year; and that the only road closure will be Liberty Street South of Memorial Park to Baseline Road and Baseline Road at Liberty Street East to Lambs Road to Highway #2. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department and approval granted to install banner and advise Veridian) D - 7 Georg Krohn tendering his resignation from the Clarington Traffic Management Advisory Committee due to personal time constraints and extending best wishes to the Committee. (Correspondence received with regret and referred to the Municipal Clerk) D - 8 Darlene Joslin, Chair, June as Recreation and Parks Month (JRPM), forwarding materials to help promote the benefits of recreation and parks within Ontario; indicating that JRPM is re-affirming its commitment to highlight the opportunities and values to participating in recreation, parks and the great outdoors and that communities that support this approach become "Community Ambassadors" enclosing information and resources to assist the Municipality in remaining involved; and, requesting that the month of June be proclaimed "Recreation and Parks" Month. (Proclaimed) D - 9 Debbie Shields, City Clerk, City of Pickering, writing to P. Madill, Regional Clerk, Region of Durham, advising that on March 29, 2010, the City of Pickering adopted the following resolution pertaining to Administration of the Provincial Offences Act (POA): "WHEREAS the Regional Municipality of Durham is responsible for the Intermunicipal Service Agreement (MSA) and the administration of the Provincial Offences Act (POA); and WHEREAS the revenues from POA's received by the lower tier municipalities have been decreasing; and WHEREAS revenue sources outside of the property tax base are essential to municipalities to control property tax increases; and Council Meeting Minutes - 14 - April 26, 2010 WHEREAS the current weight assessment is 60% revenues distributed to lower tier municipalities and 40% of revenues distributed to Durham Region. However with the declining POA revenues perhaps the weight assessment should be reviewed and an assessment of 70% of revenues to lower tier municipalities and 30% of revenues to Durham Region be established; and NOW THEREFORE BE IT RESOLVED the Council for the City of Pickering request that the Region of Durham provide a. detailed investigation into the declining POA revenues and provide this report to all Durham Regional municipalities; and THAT a copy of this resolution be forwarded to all Durham Region municipalities for endorsement and that this be circulated to Durham Regional Council once area municipalities have been able to make formal comments. Resolution #C-174-10 Moved by Councillor Foster, seconded by Councillor Woo THAT the resolution from the City of Pickering, with respect to Administration of the Provincial Offences Act (POA), be endorsed. "CARRIED" D - 10 Kim Coates, Clerk, Township of Scugog, advising Council that on March 29, 2010, the Township of Scugog adopted a resolution requesting support from area municipalities within Durham Region to identify the feasibility of changing the Municipal Council term back to three years. Resolution #C-175-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Correspondence Item D - 10 from the Township of Scugog, with respect to changing the Municipal Council term back to three years, be received for information. "CARRIED" Council Meeting Minutes - 15 - April 26, 2010 D - 11 Kim Coates, Clerk, Township of Scugog, advising Council that on March 29, 2010, the Township of Scugog adopted the following resolution pertaining to Direct Election of the Regional Chair: "THAT a copy of Correspondence #246-10, the legal opinion provided by Loopstra Nixon regarding the Direct General Election of Regional Chair -Question for Election Ballot be forwarded to the Region of Durham as Scugog's comments regarding the intention to pass a by- law to submit a question to the electors and to local municipalities within Durham requesting their support and to the Minister of Municipal Affairs for information." Resolution #C-176-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 11 from the Township of Scugog, with respect to Direct Election of the Regional Chair, be received for information. "CARRIED" D - 12 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable Dalton McGuinty, Premier of Ontario, advising that on April 6, 2010, Oshawa City Council adopted the following resolution pertaining to the Public Sector Salary Disclosure Act: "WHEREAS the Public Sector Salary Disclosure Act, commonly known as the Sunshine List, requires organizations that receive public funding from the Province of Ontario to disclose annually the names, positions, salaries and total taxable benefits of employees paid $100,000 or more annually; and, WHEREAS City Councils have an obligation and responsibility to advocate other levels of government on behalf of their constituents where issues affect them and their level of taxation directly; and WHEREAS the section listing municipal salaries shows no salary in excess of $325,000; and, WHEREAS numerous salaries over $325,000 are listed in other sections of the list; and, WHEREAS many citizens in Ontario feel that employees on this Public Sector list earning $325,000 and more annually is excessive; Council Meeting Minutes - 16 - April 26, 2010 THEREFORE BE IT RESOLVED THAT the Council of the City of Oshawa requests the Premier of the Province of Ontario to enact legislation that would create a salary cap of $325,000 to all individuals in the employment of the Public Sector who fall under the parameters of this Act; and, THAT a copy of this resolution be forwarded to the Regional Municipality of Durham, the Association of Municipalities of Ontario, Oshawa Metro Area MPP's, and all Ontario municipalities with a population of 50,000 or more." Resolution #C-177-10 Moved by Councillor Foster, seconded by Councillor Woo THAT the resolution from the City of Oshawa, with respect to the Public Sector Salary Disclosure Act, be received for information. "CARRIED" D - 13 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable Dwight Duncan, Minister of Finance and to the Municipal Property Assessment Corporation, advising that on April 6, 2010, Oshawa City Council adopted the following resolution of the Finance and Administration Committee pertaining to Impact on Property Values of Green Initiative Renovations: "WHEREAS all home owners should be encouraged to renovate their homes utilizing 'Green Initiatives' for the betterment of the environment; and, WHEREAS 'Green Initiatives' stimulate the economy and create jobs; and, WHEREAS residents should not be penalized by having their properties increase in value for being environmentally mindful; THEREFORE BE IT RESOLVED, the Province of Ontario and Municipal Property Assessment Corporation (MPAC) be requested to investigate how property values are increased and establish a program where renovating homes utilizing `Green Initiatives' does not increase the property assessment of the home; and, THAT a copy of this resolution be sent to MPAC, the Association of Municipalities of Ontario, Durham MPP's, the Region of Durham and local area municipalities." Council Meeting Minutes - 17 - April 26, 2010 Resolution #C-178-10 Moved by Councillor Robinson, seconded by Councillor Novak THAT the resolution from the City of Oshawa, with respect to the Impact on Property Values of Green Initiative Renovations, be endorsed. "CARRIED" D - 14 Martha Rutherford Conrad, Executive Director, Clarington Museums and Archives advising of the resignation of the Programme Co- ordinatorfrom the Clarington Museums and Archives and requesting approval to advertise and fill the position within the approved 2010 budget. Resolution #C-179-10 Moved by Councillor Robinson, seconded by Councillor Novak THAT the request from the Clarington Museums and Archives Board to advertise and fill the position of Programme Co-ordinator within the approved 2010 budget, be endorsed. "CARRIED" COMMITTEE REPORT(S) Report #1 -General Purpose and Administration Committee Report April 19, 2010. Resolution #C-180-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of April 19, 2010 be approved. "CARRIED" STAFF REPORT(S) Resolution #C-181-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-015-10 be received; Council Meeting Minutes - 18 - April 26, 2010 THAT staff be authorized to proceed with the soil remediation clean up at Orono Operations Centre; THAT staff be authorized to proceed with the soil remediation clean up at Hampton Operations Centre, if the environmental assessment report indicates soil contamination levels in excess of the tolerance levels; THAT funds required for the soil remediation to an amount not to exceed $120,000.00 be drawn from the General Municipal Reserve Fund for Orono and Hampton Operations Centres; THAT funds required in excess of the $120,000.00 be drawn from funds available in the Operations Department Fleet Reserve Account after the purchase of equipment below budgeted amounts; THAT the actions taken by the Director of Operations and the Purchasing Manager with respect to the approval of preliminary site work by KLD Construction Limited, Ajax, Ontario, be endorsed; and THAT staff report to Council on the total soil remediation costs if the costs exceed the combined value of $100,000.00. "CARRIED" 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-182-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-049-10 be tabled to the May 17, 2010, General Purpose and Administration Committee meeting. "CARRIED" Resolution #C-183-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report FND-009-10 be lifted from the table. "CARRIED" Council Meeting Minutes - 19 - April 26, 2010 Resolution #C-184-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report FND-009-10 be received; THAT the change of ownership fee only, plus interest be refunded to Ms. McGuey; and THAT Ms. McGuey be advised of Council's decision. "CARRIED" BY-LAWS Resolution #C-185-10 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-laws 2010-040 to 2010-049; 2010-040 Being a by-law to submit a question to the Electors at the Next Regular Municipal Election to Approve Council Resolution re Direct Election of Regional Chair 2010-041 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (John Peciak and Michael Caterina) 2010-042 Being a by-law to appoint an individual as a Parking Enforcement Officer for Private Property (Robert McWilliam and Nick Koitsopoulos) 2010-043 Being a by-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for municipal purposes for the year 2010 2010-044 Being a by-law to authorize the execution of the Memorandum of Understanding between the Corporation of the Municipality of Clarington and Don and Donna Adams, Gail and Chuck MacDonald, Shirley Fowler, Jean Severs, Edwin (Ted) and Lynda Bounsall, Gary Cole, Sharon Eccles and Judith Ginou Council Meeting Minutes - 20 - April 26, 2010 2010-045 Being a by-law to ratify and confirm a realty services agreement between Ryan Realty Services Ltd. and the Municipality of Clarington and to authorize the payment of commission to Ryan Realty Services Ltd. provided in the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice 2010-046 Being a by-law to ratify and confirm the Agreement of Purchase and Sale between the Municipality of Clarington and 1529250 Ontario Inc. of the lands more particularly described as Part 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice 2010-047 Being a By-law to authorize the sale and transfer to 1529250 Ontario Inc. of the lands more particularly described as Parts 2, 3, 4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former Township of Darlington, 182, 186, 190 and 194 George Reynolds Drive, Courtice 2010-048 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems 2010-049 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1559306 Ontario Ltd.) THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this Section of the Agenda. OTHER INFORMATION Councillor Trim welcomed Fred Horvath, Director of Operations back to work following his extended absence. Councillor Robinson expressed appreciation to Clarington Emergency and Fire Services for their quick action in fighting a rural fire this afternoon. Council Meeting Minutes - 21 - April 26, 2010 Councillor Hooper requested Councillor Trim to comment on an April 26th article in the Toronto Star entitled "Plastic, glass and paper pile up as recyclers close" requiring Durham to divert three truckloads of glass to Montreal. Councillor Trim stated that prior to sending recycling to Unical in Brampton; the Region did send its glass to Montreal to be processed. He noted the industry is volatile and that because the Region's product is clean, there are still markets available for it. Councillor Foster questioned Regional Councillors on whether a motion was passed by Regional Council requesting funding from the Province with respect to funding inequities regarding Children's Aid Societies in light of the recent layoff of 31 employees from the Society. Councillor Novak responded that Regional Council, on March 31, 2010, adopted a motion to request the Province to provide equitable and appropriate funding for mandated services provided by the Durham Children's Aid Society. Resolution #C-186-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the rules of procedure be suspended to allow for the introduction of a motion concerning 57 Mill Street, Newcastle. "MOTION LOST" CONFIRMING BY-LAW Resolution #C-187-10 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-law 2010-050, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 26th day of April, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes - 22 - April 26, 2010 ADJOURNMENT Resolution #C-188-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 7:44 p.m. "CARRIED" MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS May 10, 2010 a) Lynn Helpard -Report PSD-057-10 -Proposed Neighbourhood Design Plan and Official Plan Amendment to Add Three (3) Medium Density Residential Symbols and Change Housing and Population Targets in the Foster Neighbourhood of the Official Plan (Patricia Stephenson, Robert and Daniele Stephenson, and Garthwood Homes Limited) (Unfinished Business #1) SUMMARY OF CORRESPONDENCE May 10, 2010 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of Central Lake Ontario Conservation Authority .dated April 20, 2010. (Copy attached) I - 2 Shelley Molica, Treasurer, Clarington East Food Bank, Clarington East Economic Support, expressing appreciation for the $2,000 grant and for providing assistance during the Compost giveaway on Saturday, April 24, 2010; and, indicating the monetary and food donations will assist the Food Bank in helping to meet some the needs of those in the Community who are hurting at this time. I - 3 Margaret Maskell, advising that three of the "Support Our Troops" banners on the bridge in Bowmanville have gone missing and that banners at other locations are missing as well; indicating that many visitors, military and others have come to Bowmanville to witness the display for our Troops and Canada; that Bowmanville was the first to lead the way iri spreading the banners across Ontario; and, hoping that the Municipality will continue this display. I - 4 J. Paul Johnson, President, Ontario Good Roads Association, OGRA, advising that OGRA and the Ministry of Transporta#ion have entered into an agreement to provide .provincial funding fo Ontario municipalities to assist in collecting and reporting data on the extent and condition of bridge structures in their jurisdiction; advising that municipalities will be able to apply for matching funding to a maximum of $5,000 to assist with the costs of collecting, compiling, formatting and inputting bridge asset and condition data into Municipal DataWorks (MDW); indicating that to qualify, municipalities are required to provide a letter'of commitment to submit bridge asset and, condition data for inclusion into MDW by March 31, 2011; and . encouraging municipalities to participate and to contact Joe Tiernay, Executive Director at OGRA to learn more about the funding program and the MDW Project. Summary of Correspondence - 2 - May 10, 2010 I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Mr. Alan Wells, Chair, Rouge Park Alliance, advising that on April 21, 2010, Regional Council adopted the following resolution pertaining to Rouge Park Alliance Governance Review: "a) THAT Durham Region support the recommendations of the consultant's report entitled Governance, Organization and Finance Review of the Rouge Park alliance, as a framework for moving forward with the creation of a Rouge National Park; b) THAT the Founding Deal, which will set out how the Park will co- exist and be managed within the adjacent urban landscape, must ensure that the resulting Rouge National Park recognizes and permits any and all infrastructure that may be needed to accommodate growth in the GTA and environs; and, that the viability of agriculture in the Park is .addressed, to maintain the opportunity for near urban food production; c) THAT the Region participate in the negotiations leading to a Founding Deal and the creation of a Rouge National Park, to ensure the needs of Durham Region are addressed; and d) THAT a copy of Report #2010-P-24 of the Commissioner of Planning be forwarded to the Rouge Park Alliance, the Dufiam Region area municipalities, York Region and area municipalities, City of Toronto, Toronto Region Conservation Authority and the Toronto Zoo." I - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on April 21, 2010, Regional Council adopted the following resolution pertaining to Quarterly Report on Planning Activities: "a) THAT Report #2010-P-27 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2010-P-27 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information." Summary of Correspondence - 3 - ~ May 10, 2010 I - 7 Sharon McCartney, Special Events/Rental Coordinator, Orono Town Hall Board of Management, expressing appreciation for the use of the Municipality's lap top and projector for their Annual Spaghetti Dinner which provided the opportunity to show a photo tribute to a very special citizen of Orono; advising that all municipal staff they encountered were more than courteous and. helpful; and, especially thanking Mayor Abernethy, Councillor Robinson, Jennifer Cooke and Heather Keyzers. - 8 Kawartha Conservation forwarding a weblink to their 2009 Annual Report highlighting their many accomplishments and activities that help to protect the health of the watershed including the Lake Scugog Environmental Management Plan, enhancements to their Planning and Regulations department, the grand opening of Durham East Cross Forest Conservation Area, their 30-year history, Watershed and Fisheries Management Plans and the Drinking Water Source Protection. Hard Copies of the Report are available by contacting Brent Kulba, Communications Specialist, at bkulba(a~kawartha conservation:com. CORRESPONDENCE FOR DIRECTION D - 1 Shari Lovelock, Director of Development, Central Region CNIB, advising that CNIB has declared the month of Mayas Vision Health Month with fun and informative activities taking place across Canada and encouraging citizens to protect their eyes and have regular exams to prevent eye disease; indicating that May 27, 2010 is "Shades of Fun" day, a unique and fun day to raise awareness by wearing sunglasses to work; and, requesting that May~27, 2010 be proclaimed "CNIB Day" and hoping that the municipality will celebrate Vision Health Month and show Clarington's shades of fun. (Motion to Proclaim) D - 2 Joan Booth, Executive Director, Spina Bifida & Hydrocephalus Association of Ontario, a registered charitable organization providing programs and services that improve the quality of life of children, youth and adults with spina bifida and/or hydrocephalus, requesting the month of June to be proclaimed as "Spina Bifida and Hydrocephalus Awareness Month" to help raise awareness of these life long, complex conditions. (Motion to Proclaim) Summary of Correspondence - 4 - May 10, 2010 D - 3 Robert K. Weafer,-Paralegal, writing on behalf of his client, Fox Fires Taxi, Sunderland, seeking permission to operate a Physically Disabled Passenger Vehicle (PDP) into and out of the Municipality of Clarington. The correspondence indicates that Fox Fires Taxi is not seeking permission to operate a taxi service and currently operates a PDP vehicle service in the Townships of Brock and Uxbridge, under contract with the Region of Durham, and have been informed that the taxi companies registered in Clarington cannot fulfill the service requirement at this time.. (Motion to refer correspondence to the Municipal Clerk) D - 4 James Hale requesting to address Council to discuss settlement opportunities regarding litigation between Newcastle Recycling Ltd. and the Municipality of Clarington. (Motion to refer correspondence to a closed session of Council to be considered in conjunction with Staff Report #2) D - 5 Petra Schwirtz, Chair, Clarington Marketing Minds, advising that June 7 to 13, 2010, is Tourism Week in Canada, a celebration highlighting the economic and social benefits of the Tourism sector and providing a focal point for activities and planned events; indicating that Clarington Marketing Minds is announcing the launch of National Tourism Week in Clarington with "The Art of Country Living -Family Adventure Tour" and outlining other events planned for the week including Doors Open, an art exhibit at the visual Arts Centre, the Rockin' Rotary Ribfest and Mosport High Octane Weekend; and, requesting that June 7 to 13, 2010 be proclaimed "Clarington Tourism Week". (Motion to Proclaim) D - 6 Debbie Shields, City Clerk, City of Pickering, writing to P. M. Madill, Regional Clerk, Region of Durham, advising that on April 19, 2010, the City of Pickering adopted the following resolution pertaining to Endorsement of Private Members' Bill 18 (Local Democracy and Accountability): WHEREAS MPP David Caplan has recently introduced Private Members' Bill 18 to amend the Municipal Act to ensure municipal governments are more democratic and accountable. in regards to the position of Regional Chair; and Summary of Correspondence - 5 - May 10, 2010 WHEREAS the Council of the City of Pickering recently passed three separate resolutions in support of the direct election of the Durham Regional Chair; and WHEREAS the Region of Durham Council recently passed a resolution to put. a referendum question on the 2010 municipal election ballot asking Durham Region residents if they support the direct election of the Durham Regional Chair; and WHEREAS democracy as defined by Webster's is; government by the people; a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections. NOW THEREFORE the Council for the City of Pickering resolves the support and endorsement of Private Members' Bill 18 (Local Democracy and Accountability) introduced on March 29, 2010 by MPP David Caplan. AND THAT a copy of this resolution be sent for endorsement to Durham Regional Council and all municipal Councils within Durham Region." (Motion for Direction) CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY i<~IINUTES NO. 4 AUTHORITY IvIEETING Tuesday, Apri120, 2010 - 5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE, OSHAWA AUTHORITY'S ADMR~TISTRATIVE OFFICE, BOARDROOM Present: R. Johnson, Chair S. Crawford A. Cullen J. Drumm A. Foster J. Gray R. Hooper D. Mitchell J. Neal M. Novak M. Pearce P. Perkins I-1 J.R. Powell, Chief Administrative Officer D. White, Director, Corporate Services H. Brooks, Director, Watershed Planning & Natural Heritage C. Darling, Director, Development Review & Regulation G. Geissberger, Marketing & Communications Coordinator D. Hope, Special Projects/Operations M. Hrynyk, General Superintendent P. Lowe, Director, Watershed Stewardship & Community Outreach P. Sisson, Director, Engineering & Field Operations G. SooChan, Director, Groundwater M. Stauffer, Administrative Assistant/Recording Secretary Absent: G. Emm, Vice Chair B. Nicholson The Chair called the meeting to order at 5:04 p.m. DECLARATIONS of interest by members on any matters herein contained -NONE :ADOPTION OF MINUTES Res. #54 Moved by J. Gray Seconded by A. Cullen THAT the Authority minutes of March 23, 2010, be adopted as circulated. CARRIED J. Drumm arrived at 5:08 p.m. DISTRI TION ~~~ REVIEWED BY ORIGINAL TO: O COUNCIL ~ COUNCIL ^ FILE DIRECTION INFORMATION COPY TO: ^ MAYOR ^ OF COUNCIL O CAO ^ S~RVICESTM ^ SERV CESTE ^ SERV CESCY ^ ENGINEERING ^ MUNICIPAL ^ OPERATIONS SERVICES CLERICS ^ PLANNING O SOLICITOR O TREASURY SERVICES O OTHER MUNICIPAL CLERK'S FILE AUTHORITY MEETING - ~4IEETING N0.4, APRIL 20, 2010 -PAGE 2 DELEGATION - Mr. Alex Alexander Re: 618 Columbus Road East, Oshawa Mr. Alexander made a presentation to the Board of Directors (attached as Schedule 3-1 to 3-4 of Apri120, 2010). Numerous questions were asked of staff and the delegation; discussion ensued. DIRECTOR, DEVELOPMENT REVIEW & REGULATION (1) Staff Report #4881-10 (attached as Schedule 4-1 to 4-3 of Apri120, 2010) Re: Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses - March 1-31, 2010 Res. #55 Moved by J. Gray Seconded by S. Crawford THAT the attached applications be approved and the respective permits be issued CARRIED DIRECTOR, ENGINEERING & FIELD OPERATIONS (1) Staff Report #: 4883-10 (attached as Schedule 5-1 & 5-2 ofApri120, 2010) File No.: 010-038-GH - IMS: RPRG3537 Application/Permit: Development activities associated with the placement of 65,000 metres cubed of fill to allow for increased tillable land. Location: 618 Columbus Road East, Oshawa Res. #56 Moved by J. Neal Seconded by J. Gray THAT the Central Lake Ontario Conservation Authority issue a notice of intent to revoke Permit #OIO-038-GH to Owner/Applicant: Kassouf/Hard-Co Construction. CARRIED (2) Staff Report #4874-10 (attached as Schedule 5-3 to 5-17 & H-1 ofApri120, 2010) Draft Protocol for Large Fill Sites Mr. Sisson and Mr. Powell answered questions from Directors. P. Perkins advised the Town of Whitby would be interested is participating in a harmonization review ofbylaws/regulations dealing with large fill sites. Discussion ensued. Res. #57 Moved by P. Perkins Seconded by A. Foster THAT Staff Report #4874-IO be received for information; and, -~~ THAT.Opdon #3 be approved for immediate implementation, and THAT staff be directed to explore the feasibility of a pilot project as recommended in Option #4 and report back to the Board of Director CARRIED DIRECTOR, GROUNDWATER (1) ..Staff Report #4878-10 (attached as Schedule 6-1 to 6-8 of Apri120, 2010) CTC Source Water Protection - CLOSPA Proposed Draft Assessment Report Res. #58 Moved by A. Foster . Seconded by S. Crawford THAT StafjRepart #4878-10 be received for information. CARRIED .. z ._.. ~ A~rJTHORITY MEETING - MEETING N0.4, APRIL 20, 2010 -PAGE 3 DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE (1) Staff Report #4877-10 (attached as Schedule 7-1 of Apri120, 2010) Canada Wildlife Servaces -Canada Goose Management Program Res. #59 Moved by A. Cullen Seconded by R. Hooper THAT Staff Report #4877-10 be received; and, THAT subject to funding, Authority staff support CWS in the collection of data for their Canada Goose .Management Program. CARRIED DIRECTOR, WATERSHED STEWARDSHIP & COMMUNITY OUTREACH (1) Staff Report #4879-10 (attached as Schedule 8-1 & 8-2 of Apri120, 2010) Ministry of Citizenship and Immigration, 2010 Volunteer Service Awards Res. #60 Moved by M. Novak Seconded by J. Drumm THAT Staff Report #4879-IO be received for information; THAT CLOCA representatives A. Foster and G. Emm attend the Awards Ceremony on Tuesday, Apri127th, 2010 at the General Sikorski Hall, 1551 Stevenson Road North in Oshawa. CARRIED DIRECTOR, CORPORATE SERVICES (1) Staff Report #4876-10 (attached as Schedule 9-1 to 9-3 ofApri120, 2010) Critical Injury to CLOCA Employee Res. #61 Moved by A. Foster Secondedby R. Hooper THAT Staff Report #4876-10 be received for information. CARRIED (2) Staff Report 4880-10 (attached as Schedule 9-4 of Apri120, 2010) 2010 Preliminary Budget (previously enclosed separately for Members & Staff only) Res. #62 Moved by M. Pearce Seconded by S. Crawford THAT the proposed 2010 budget estimates, totalling $5,220,396 be approved as presented; THAT the Region of Durham be requested to approve an operating levy oj$2,465,175; THAT all capital projects in the Budget Report be adopted as projects of the Authority; and, TH,4T copies of the 2010 Budget Report as approved be circulated to the Region of Durham and lower-tier municipalities for their information about the projects and programs of the Central Lake Ontario Conservation .-luthority. CARRIED .1UTHORITY MEETING - i~ZEETING N0.4, APRIL 20, 2010 -PAGE 4 CHIEF ADMINISTRATIVE OFFICER (1) Staff Report #4882-10 (attached as Schedule 10-1 to 10-9 of Apri120, 2010) Waterfront Trail - Lynde Shores Conservation Area Res. #63 Moved by D. Mitchell Seconded by J. Drumm THAT Staff Report #4882-10 be received for information and forwarded to the Chair and Members of the Durham Region Finance and Administration Committee. CARRIED (2) Staff Report #4884-10 (attached as Schedule 10-10 to 10-13 of Apri120, 2010) Property Matter Res. #64 Moved by J. Neal Seconded by J. Drumm THAT the Central Lake Ontario Conservation Authority initiate discussions with the City of Oshawa regarding the City purchasing CLOCA lands currently under long term management by the municipality and that resulting revenues be placed in a reserve account by CLOCA for land acquisition, infrastructure development and management at the Purple Woods Conservation Area. CARRIED MUNICIPAL & OTHER BUSINESS The Chair advised of a Gold Sponsor Certificate of Appreciation from Ducks Unlimited Canada, presented to the Central Lake Ontario Conservation Authority for conserving wetlands and associated habitats for the benefit of waterfowl, other wildlife and people. R. Hooper noted that the Maple Festival was being held in Bowmanville on Saturday, May 1, 2010. ADJOURNMENT Res. #65 Moved by S. Crawford Seconded by P. Perkins THAT the meeting adjourn. CARRIED Y The meeting adjourned at 6:43 p.m. • ~ n ar Energizing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF MAY 10, 2010 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MAY 3, 2010. RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) ESD-006-10 Monthly Response Report -March 2010 (b) CLD-011-10 Creation of Business Registry (c) FND-010-10 Financial Update as at March 31, 2010 (d) FND-011-10 Annual Leasing Report - 2009 2. APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT AN APARTMENT-IN-HOUSE WITHIN A SINGLE DETACHED DWELLING APPLICANT: NORM AND JO-ANNE LANSING THAT Report PSD-055-10 be received; THAT Official Plan Amendment No.73 as contained in Attachment 2 of Report PSD-055-10 be adopted and that the necessary By-law be passed; THAT the application for a Zoning By-law Amendment submitted by Norm and Jo- Anne Lansing as contained in Attachment 3 of Report PSD-055-10 be approved; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-055-10 and Council's decision; and THAT all interested parties listed in Report PSD-055-10 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report #1 - 2 - May 10, 2010 3. APPLICATION FOR REMOVAL OF HOLDING FOR 201 MEDIUM DENSITY RESIDENTIAL UNITS APPLICANT: KAITLIN HOMES ASPEN IV LTD. THAT Report PSD-056-10 be received; THAT the application submitted by Kaitlin Homes Aspen IV Ltd. to remove the Holding (H) symbol be approved; THAT the By-law attached to Report PSD-056-10 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-056-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. 4. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 22, 2010 THAT Report PSD-058-10 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on April 22, 2010 for applications A2009-0051, A2010-0005 and A2010-0015 through A2010-0017, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 5. BILD -MUNICIPAL BEST PRACTICES, ,DECEMBER 2009 THAT Report PSD-059-10 be received; and THAT all interested parties listed in Report PSD-059-10 and any delegation be advised of Council's decision. 6. MUNICIPAL IDENTIFICATION DISPLAYS THAT Report EGD-013-10 be received; THAT the name Clarington or Municipality of Clarington be the most prominent text on any future eastbound or westbound municipal identification displays along Highway 401; and THAT interested parties be advised of Councils decision. Report #1 - 3 - May 10, 2010 7. ADDITIONAL RURAL ROAD SURFACE IMPROVEMENTS THAT Report EGD-017-10 be received; THAT the requirements of the Purchasing By-law 2006-127 be waived; THAT-staff be authorized to increase the value of the High Float Resurfacing agreement With Miller Paving to accommodate the addition of locations at an estimated cost of $360,000.00 including construction, geotechnical, contingencies and administration; and THAT funding for the additional project costs in the amount $360,000 be funded from the Tax Levy portion of the Pavement Rehabilitation Program approved in-the 2010 Capital Budget. 8. REQUEST FOR REPORT REGARDING COSTS OF MUNICIPAL IDENTIFICATION SIGNS THAT the Director of Engineering Services be requested to prepare a report regarding the potential locations and costs for eastbound and westbound identification displays along Highway 401 and northbound and southbound on Highway 115. 9. LETTER OF RECOGNITION - MR. JEFF KELSO THAT a letter be forwarded to Mr. Jeff Kelso, thanking him for his efforts regarding the recent fire at the Harris property. 10. 2010 MUNICIPAL ELECTIONS -COMPLIANCE AUDIT COMMITTEE THAT Report CLD-012-10 be received; THAT the Terms of Reference for the Clarington Municipal Election Compliance Audit Committee, included as Attachment 1 to Report CLD-012-10, be adopted; THAT the Clarington Municipal Election Compliance Audit Committee Rules of Procedure, included as Attachment 2 to Report CLD-012-10, be received for information; THAT the Municipal Clerk be directed to place an ad in the local newspapers and on the Municipal Website, and contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services, and UOIT inviting applications for appointment to the Clarington Municipal Election Compliance Audit Committee; and Report #1 - 4 - May 10, 2010 THAT the draft by-law attached to Report CLD-012-10 as Attachment 3 be approved by Council. 11. 1ST QUARTER PARKING REPORT THAT Report CLD-013-10 be received; and THAT a copy of Report CLD-013-10 be forwarded to the Bowmanville Business Centre for their information. 12. NEWCASTLE/BOND HEAD RATEPAYERS' ASSOCIATION CONCERNS THAT Report CLD-014-10 be received; THAT methods of deterring Canada Geese in municipal parks be investigated for inclusion in the 2011 budget deliberations; and THAT Ken Willis, Secretary, Newcastle/Bond Head Ratepayers' Association be advised of Council's decision and forwarded a copy of Report CLD-014-10. 13. INSTALLATION OF "DEAF CHILD" SIGNS THAT Report CLD-015-10 be received; THAT the request for the installation of "Deaf Child" signs be denied; and THAT Lisa Janveaux, Community Advantage Rehabilitation Inc., and Colleen Hynes be advised of Council's decision. 14. TENDER NO. CL2010-14 -SUPPLY & HAULING OF GRANULAR MATERIAL THAT Report COD-016-10 be received; THAT Robert E. Young Construction Limited, Peterborough, Ontario, with a total bid in the amount of $207,591.02 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-14, be awarded the contract for Supply & Hauling of Granular Material, as required by the Municipality of Clarington, Operations Department; and THAT funds in the amount of $219,591.02 which includes $207,591.02 for tendering, administration, material testing and contingencies be drawn from the Operations Department various 2010 Annual Operations Road Maintenance and Construction Accounts, as follows: Report #1 - 5 - May 10, 2010 Account # 100-36-380-10205-7112, Culvert $3,356.64 Account # 100-36-380-10225-7112, Entrance Culverts $2,909.09 Account # 100-36-380-10733-7112, Sidewalk Maint. $1,118.88 Account # 100-36-384-10310-7112 Guide Rail $1,118.88 Account # 100-36-380-10240-7112 Ditch/Shoulder Maint. $1,118.88 Account # 100-36-382-10280-7112 Gravel Resurfacing - Various Prices $197,968.65 Account # 100-36-382-10280-7112 Gravel Resurfacing - Consulting/Material Testing/ Contingencies $12,000.00 Total Funds Required $219,591.02 15. CO-OPERATIVE TENDER NO. T-539-2010- SUPPLY, DELIVERY AND APPLICATION OF CALCIUM/MAGNESIUM CHLORIDE THAT Report COD-017-10 be received; THAT Miller Paving Limited, Markham, Ontario,_with a total bid price of $81,928.00 (excluding G.S.T.), for the Municipality of Clarington's requirements for liquid magnesium chloride (Section I) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T-539-2010, be awarded the contract to supply and apply approximately 392,000 litres of liquid magnesium chloride, as required by the Municipality of Clarington Operations Department; THAT Innovative Surface Solutions Canada, Ajax, Ontario, with a total bid price of $5,443.20 (excluding G.S.T.), for the Municipality of Clarington's requirements for flaked calcium chloride (i.e., in 20 kilogram bags), (Section II) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co- operative Tender T-539-2010, be awarded the portion of the contract to supply and deliver approximately 9,000 kg of flaked calcium chloride, as required by the Municipality of Clarington Operations Department; THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contracts be awarded for a second and third year; and THAT the funds expended be drawn from the Operations Department various operating accounts. Report #1 - 6 - May 10, 2010 16. ONTARIO POWER AUTHORITY -DEMAND RESPONSE PROGRAM (DR3) THAT Report COD-019-10 be received; THAT staff be authorized to investigate the Ontario Power Authority -Demand Response Program in order to determine if opportunities exist for the Municipality of Clarington to participate; THAT if positive results of the investigation are produced during the summer recess, staff be authorized to enter into an operating agreement for participation in the Ontario Power Authority -Demand Response Program: and THAT staff provide a report back to Council with recommendations on the findings of their investigation. 17. PRESENTATION OF JOHN PRESTA, DIRECTOR OF ENVIRONMENTAL SERVICES, REGION OF DURHAM WORKS DEPARTMENT, REGARDING SOURCE WATER PROTECTION THAT the presentation from Mr. John Presta, Director of Environmental Services, Region of Durham Works Department, regarding source water protection be received with thanks. 18. DELEGATION OF BRAD ARBOUR, CO-ORDINATOR, FIREHOUSE YOUTH CENTRE, REGARDING AN UPDATE ON THE FIREHOUSE YOUTH ACTIVITIES THAT the delegation of Mr. Brad Arbour, Co-ordinator, Firehouse Youth Centre, regarding an update on the Firehouse Youth Activities, be received with thanks. 19. DELEGATION OF KEVIN ANYAN, REGARDING A RIBFEST UPDATE THAT the request for the use of the Emergency Services Department portable back-up generator by the Rotary Club of Bowmanville for Ribfest be approved; THAT details regarding a reduced rental rate and other arrangements be worked out with the Emergency Services Department to cover general maintenance costs; and THAT the Rotary Club be advised of the condition that the generator will not be available to them should an emergency arise necessitating the use of the generator by Emergency Services. 20. DELEGATION OF JIM. RICHARDS, REQUESTING AN APOLOGY FROM MAYOR ABERNETHY FOR CURTAILING HIS FREEDOM OF SPEECH AS GUARANTEED UNDER THE CANADIAN CHARTER OF RIGHTS AND FREEDOM Report #1 - 7 - May 10, 2010 THAT the delegation of Mr. Jim Richards, requesting an apology from Mayor Abernethy for curtailing his freedom of speech as guaranteed under the Canadian Charter of Rights and Freedom, be received with thanks. 21. DELEGATION OF JEREMY WOODCOCK, REGARDING THE MUNICIPALITY’S FACILITY RENTAL POLICY FOR MUNICIPAL ELECTIONS RELATED ACTIVITIES THAT the delegation of Jeremy Woodcock, regarding the Municipality’s facility rental policy regarding municipal elections, be received with thanks. 22. SEWAGE CAPACITY THAT the Directors of Planning and Engineering Services Departments meet at the earliest convenience with the Commissioner of Works of the Region of Durham, to discuss the current available sewage capacity situation in Bowmanville; and THAT Staff report to Council on the remedy of the sewage capacity issues as soon as possible. Staff Report # 1 • lar~ n . Wa R E P RT Leadan the ^ g y CHIEF ADMINISTRATIVE OFFICER Meeting: COUNCIL Date: May 10, 2010 Resolution#: By-law#: N/A Report #: CAO-004-10 File#: Subject: DREDGING OF BOWMANVILLE CREEK RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CAO-004-10 be received for information. .'; " n, Submitted by: ~`ti =- ?~-~--°" ~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0720 REPORT NO.: CAO-004-10 PAGE 2 BACKGROUND: 1.1 At its meeting held on April 26, 2010, Council approved the following recommendation from the GPA Committee as follows: "THAT Report PSD-042-10 be received; THAT the CAO be requested to prepare a report, within 4 weeks, on the further opportunities and logistics regarding the cost recovery of dredging, installation of a gate and activation of the parking meter at the municipal boat launch in Bowmanville." 1.2 The purpose of this report is therefore to provide the information sought by Council. Since the issue of dredging is very much tied to the activities of the boat launch and the parking lot, staff took the liberty to expand the scope of this report so that a complete financial picture is available for Council deliberation. 1.3 Significant amounts of information respecting dredging was provided via Report PSD- 042-10. This information will not be reproduced here but staff would urge Council members to revisit this information prior to their consideration of this report. 2. THE NEED FOR DREDGING 2.1 The Municipality has never been involved in any dredging activity of the Bowmanville Creek. It inherited the Conservation Area with the boat launch as a result of a long term lease with the Central Lake Ontario Conservation Authority in 2000. To the best of our knowledge, CLOCA did not dredge prior to that. 2.2 The boat launch is used by both local and out-of-town residents primarily for launching their small water crafts; mostly power boats. The Municipality has no record of any historical data on the depth of the creek adjacent to the boat launch. It is also noted that the Municipality has not received any complaints from past users regarding any siltation issue adjacent to the boat launch nor any difficulty in launching their boats due to insufficient water depth. However, our recent inspection reveals that the water depth at the end of the wooden pier is about ten (10) inches, whereas the usual depth at the same location is about two to three feet. We believe the shallow water depth is REPORT NO.: CAO-004-10 PAGE 3 caused by both siltation and unusual low water level of the creek. If the water level remains low, users may have difficulty launching their boat at this location. 2.3 Creek dredging would be a new service which is neither contemplated in the Municipality's Strategic Business Plan nor included in the annual budget, notwithstanding it mayor may not be able to recover the cost of dredging through charging a fee of the users of the boat launch. 3. COST ANALYSIS There are direct costs related to dredging and several in-direct and related costs in connection with dredging. Breakdown of these costs are as follows. 3.1 Direct Dredging Cost a) The Municipality was never involved in any dredging activity of the Bowmanville Creek and therefore has neither past experience nor cost information to rely on. In the absence of detailed information that would be obtained from a tender process, we rely on information recently obtained from marinas in neighboring municipalities. Typically marina operators would spend between $20,000 to $40,000 annually to maintain the depth of their respective channels. This amount could be higher for Bowmanville Creek due to the substantial length of the channel, as well as the uncertainty of not knowing if the dredged materials can be deposited nearby. b) It has been suggested that the dredging cost can be shared with the marina operators. The aforementioned cost to the Municipality will be reduced but the amount of municipal contribution remains unknown until further information can be obtained through negotiation and tender. It is not advisable to enter into any cost sharing arrangement without actually knowing the specifications and firm pricing of the works. REPORT NO.: CAO-004-10 PAGE 4 3.2 Boat Launch Repair/Maintenance Cost a) The boat launch was constructed in 1977 by CLOCA. Despite regular maintenance by CLOCA and the Municipality, the structure is deteriorating and will be in need of major upgrades or repairs. The Bowmanville Boat Launch consists of a ramp approximately 10 metres wide, with wooden piers on either side set on stone cribs. The ramp itself is block construction. The ramp provides a gradual decline leading to the water. Currently both the piers and block ramp are showing signs of heaving due to deterioration and frost. In its present state of deterioration the Boat Launch is currently in need of major reconstruction to restore it to a safe and serviceable condition. Our Capital Budget for 2010 currently includes $35,000 for pier renovations but excludes ramp reconstruction. b) A preliminary estimate for the boat launch ramp includes a design cost of approximately $15,000 and construction cost between $80,000 to $140,000. Not included in this estimate would be any and all additional fees from CLOCA and/or other external agencies for permits required to complete the project. It is important to note that these figures are estimated costs and should only be used for approximate budgeting purposes. c) Maintenance on the parking lot is currently negligible and should remain so for the next five years. For the last ten years the boat launch has been leased property from CLOCA and only this year came into Municipal ownership due to a land exchange. Until now, staff has conducted yearly inspections and work was restricted to those items required for public safety. 3.3 Equipment Cost Related to Charging Fees In order to charge the users, equipments would have to be purchased. There are three options to accomplish this objective. a) Install a central parking meter (pay and display system) that would accept both cash and credit card. This type of equipment costs more than the conventional central meter used in our downtown municipal parking lots. Equipment that would accept credit card is probably the best option to reduce the probability of vandalism REPORT NO.: CAO-004-10 at this remote location. The cost of this equipment is about $10,000. Plus installation. PAGE 5 b) Install a barrier gate lift system at the boat launch entrance using equipment that .would accept both cash and credit card. This method would directly charge the users of the boat launch without penalizing the other users of the parking lots for other purposes. The cost of this equipment is about $8,000. plus installation cost. c) Hire students to collect a fee on site. Given the fishing season generally runs from May to October, and from dawn to dusk (12 hours day), the wages would be about $26,000. 3.4 Enforcement Cost Any park and display system would require some form of enforcement which would involve checking vehicles for valid tickets, issuing tickets for violation, and checking the equipment to ensure proper functioning. The cost of providing parking enforcement for the six months (May-Oct.) including overtime on weekends and statutory holidays is approximately $10,000. The Municipality can theoretically recover a portion of this cost through parking fines. However, this will be negligible because the parking lot is used mostly by residents from Quebec. As Quebec does not have a reciprocal agreement with Ontario for the collection of outstanding parking fines, our chances of collecting any fines based on voluntarily action would be rather unrealistic. 3.5 Potential Liability Cost ' The cost of liability is extremely difficult to identify. If the Municipality decided to dredge as a partnership arrangement despite not owning the land under the creek, it can be construed to have accepted responsibility and the liability that goes with it. The nature of the liability and the associated cost will not likely be known until a claim is filed against the Municipality. Remote as it may be, Council should be aware of the potential ramification of its decision to dredge the channel. Detailed comments from the Director of Finance on this subject are attached herein. REPORT NO.: CAO-004-10 4. REVENUE ANALYSIS There are essentially two options available to the Municipality. PAGE 6 4.1 Charging a Boat Launching Fee The Municipality does not keep any data or information as to the number of visitors or boat launch users and therefore has no reliable means to even make a best guess estimate. However, since a tittle information is better than none, we would assume that the boat launch will draw an average of 10 users per day over a six month period (May- October). In this instance, the total users will be1825, and at $5 daily rate, which is the rate charged in Cobourg and Port Hope, or at $10 daily rate in Whitby, gross revenue of $9,125 to $18,250 can be realized. It should be noted that once the Municipality charges a fee, there will be expectation from the users with respect to higher maintenance standards of the parking lots and the boat launch structures. 4.2 Status Quo This option basically leaves things the way it is. There will be no charge to any user, and no investment by the Municipality for any capital improvements other than the regular maintenance and the pier repairs provided for in the 2010 budget. 5. CONCLUSION The concept of cost recovery by charging a fee for the privilege of using the boat launch, and hence using the proceeds to offset the cost of dredging is a noble idea. However, the foregoing discussions have identified several limitations that will cause difficulty in the implementation of the concept. In any event, Council should be satisfied whether or not it wishes to add dredging as a new municipal service and if so, to decide how best to provide funding in future budgets. Since the 2010 budget has already been struck, it would be advisable for Council to receive this report for information and defer the matter to future Council. • arm n I:eading the Way MEMO FINANCE To: Franklin Wu, CAO From: Nancy Taylor, Director of Finance Date: May 3, 2010 Subject: DREDGING FINANCIAL AND INSURANCE IMPLICATIONS If the Municipality were to partner with the proponents and other interested parties to undertake dredging at the Port Darlington Marina, the first priority would be establishing which party would be the lead with respect to physically undertaking the work. If the Municipality is not undertaking the work, but simply contributing toward the cost, it is recommended that appropriate formal agreements be entered into which include limitations around financial obligations, insurance provisions and hold .harmless and indemnification clauses. If the Municipality is undertaking the work, appropriate funds would be required, in advance, for each party's proportionate share of the cost. With respect to ongoing operational liability, this is addressed under the Occupiers Liability Act. An "occupier" is defined as: A person who is in physical possession of the premises, or A person who has responsibility for and control over the condition of premises or the activities carried on, or control over persons allowed to enter the premises, despite the fact that there is more than one occupier of the same premises. As an occupier of the premises, Clarington will owe a duty to take such care in all circumstances to see that persons, and property brought on the premises are reasonably safe while on the premises. In deciding whether "reasonable" care has been exercised, Clarington will have to put in place a system of inspection for the parking lot and the dock. With the installation of a pay per use gate, the expectation of users will increase and the determination of "reasonable" care. Clarington would no longer be able to provide only minimal maintenance on the gravel parking lot and replace loose boards. A formal system of inspection and maintenance would need to be put in place by the Operations Department. Also, warning signs of risk to individuals or property is recommended and potentially improved lighting. The Municipality would not require additional insurance coverage. However, at renewal the insurer will assess the risk to determining if it has increased enough to make an impact on the Municipality's insurance premium. Any claims received would be an important factor in determining this. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-4169 Pace 12 In the event of any damage to third parties' persons or property, a claim would be filed through the Clerk's Department.. Essentially, if a plaintiff's evidence can demonstrate to a court that the Municipality's parking lot and/or dock was in a state of disrepair and in generally poor condition, the Municipality will be found liable. Furthermore, if a trial judge finds that the system of inspection and repair of the parking lot or dock was inadequate the Municipality will be held negligent for the damages. Joint and several liability principles would apply. With respect to costs, the Operations Department would incur maintenance and inspection costs somewhat greater due to the higher duty of care than would incur currently. Meter revenues can be used to offset costs for the parking lot maintenance but not for boat launch maintenance and inspection since parking .revenues must be segregated and used for parking purposes. There may be an opportunity to set the charge as a combined parking/boat launch fee in order to extend the ability to use the funds for boat launch maintenance or future dredging costs. However, every vehicle entering would then be required to pay the combined fee, regardless of whether they were utilizing the boat launch itself. Council would have to approve, by By-law, the combined fee and the authorized apportionment between the parking components versus the boat launch portion. The other option would involve establish a manned booth during weekends to specifically charge for the launch or installing a second gate at the boat launch itself, requirement payment before the arm would lift to allow launching. Cost recovery on both these options may be unlikely. Yours truly, Nancy Taylor, Director of Finance. /hjl UNFINISHED BUSINESS #1 Excerpt of General Purpose and Administration Committee Minutes May 3, 2010 PROPOSED NEIGHBOURHOOD DESIGN PLAN AND OFFICIAL PLAN AMENDMENT TO ADD THREE (3) MEDIUM DENSITY RESIDENTIAL SYMBOLS AND CHANGE HOUSING AND POPULATION TARGETS IN THE FOSTER NEIGHBOURHOOD OF THE OFFICIAL PLAN APPLICANTS: PATRICIA STEPHENSON, ROBERT AND DANIELE STEPHENSON, AND GARTHWOOD HOMES LIMITED Resolution #GPA-271-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-057-10 be tabled to the Council meeting of May 10, 2010. CARRIED C1arington REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 3, 2010 Resolution #: By-law #: Report #: PSD-057-10 File #: COPA 2007-0014 (X-Ref.: PLN 31.5.11) Subject: PROPOSED NEIGHBOURHOOD DESIGN PLAN AND OFFICIAL PLAN AMENDMENT TO ADD THREE (3) MEDIUM DENSITY RESIDENTIAL SYMBOLS AND CHANGE HOUSING AND POPULATION TARGETS IN THE FOSTER NEIGHBOURHOOD OF THE OFFICIAL PLAN APPLICANTS: PATRICIA STEPHENSON, ROBERT AND DANIELE STEPHENSON, AND GARTHWOOD HOMES LfMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-057-10 be received; 2. THAT the application for proposed C1arington Official Plan Amendment, COPA 2007- 0014, submitted by Patricia Stephenson, Robert & Daniele Stephenson, and Garthwood Homes Limited, be approved as per Attachment 2 and a by-law attached to Report PSD- 057-10 to adopt Amendment No. 74 be forwarded to Council for approval; 3. THAT the Foster Northwest Neighbourhood Design Plan as contained in Attachment 3 to Report PSD-057-10 be received; 4. THAT the Durham Region Planning Department and the Municipal Property Assessment Corporation be forwarded. a copy of Report PSD-057-10 and Council's decision; and 5. THAT all interested parties listed in Report PSD-057-10 and any delegations be advised of Council's decision. Submitted b Reviewed by: ~"Z~~-~, ~~.J K- Y F Langm , FCSLA, MCIP Franklin Wu, c ing Direct r, Planning Services Chief Administrative Officer BR/CP/df/av 21 April 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-057-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicants/Owners: Patricia Stephenson, Robert &Daniele Stephenson, and Garthwood Homes Limited 1.2 Location: North of King Avenue West, east of the Wilmot Creek Valleylands, south of Hwy. 35/115, and west of Rudell Road (see Attachment 1) 1.3 Proposal: Official PIan~Amendment to modify the following: i) The Newcastle Village Land Use Schedule by~adding three (3) medium density residential symbols on the lands north of King Avenue West, and west of Rudell Road; ii) The Foster Neighbourhood population target from 5100 to 5700; and iii) The number of units in the Foster Neighbourhood from 1450 to 1575 for low density and from 200 to 300 for medium density and adjust all the neighbourhood and urban area totals accordingly (see Attachment 2). 2.0 BACKGROUND 2.1 Patricia Stephenson, Robert &Daniele Stephenson, and Garthwood Homes Limited originally submitted applications for: • An Official Plan Amendment to delete a public secondary school site and adjust the Plan's housing and population targets accordingly; and • A proposed Neighbourhood Design Plan for the northwest portion of the Foster Neighbourhood. 2.2 In November 2008, a public meeting was held to deal with the Official Plan Amendment to delete a public secondary school site as well as adjust the Plan's housing and population targets accordingly. The public meeting report noted the public school board had sent a letter dated October 27, 2008 stating an objection to the deletion of a public secondary school designation in the Foster Neighbourhood and in any related Neighbourhood Design Plan. Subsequently, Council passed a resolution to refer the public meeting report back to staff for further discussions between the school board, the applicants and Planning Staff. Discussions occurred in early 2009 with the result being that by a-mail on May 19, 2009, the public school board noted the importance of the retention of the Foster Public Secondary School designation and the continued applicability of its October 27, 2008 letter. The Board's reasoning was based in part, on Durham Region's Amendment 128 to its Official Plan (the Growth Plan conformity amendment). 2.3 On June 25, 2009, Planning Staff received the First Revision submission of the Neighbourhood Design Plan. The submission cover letter noted that if and when it is determined that no Official Plan Amendment is required the applicants will withdraw the REPORT NO.: PSD-057-10 PAGE 3 Official Plan Amendment application. This submission included a 6.0 hectare public secondary school site and a parkette. The overall density for the neighbourhood was increased by the addition of more street townhouse units. 2.4 Comments from the agencies including Regional Planning were collected, discussions were held with the Ganaraska Region Conservation Authority concerning the proposal and the ongoing Wilmot Creek Watershed Study. Clarington Staff met with the applicant's consultants to review the issues that commenting agencies and Staff had with the First Revision. 2.5 In response to comments received from the circulated agencies and discussion with staff a Second Revision to the Neighbourhood Design Plan was received on December 23, 2009. This submission included a revised Neighbourhood Design Plan and a draft Official Plan Amendment that added to the Official Plan three medium density symbols to be placed in the Foster Northwest Neighbourhood Area, on the Newcastle Village Urban Area Land Use Map (Map A4). The revised amendment also increased the population allocation for the neighbourhood from 5,300 to 5,700, on the Neighbourhood Planning Unit Schedule map for Newcastle Village (Map H3) and Low and Medium Density Housing Unit numbers in the neighbourhoods housing targets table (Table 9-2). A separate document outlining the proposed Neighbourhood Design Plan's conformity with the Provincial Growth Plan was also part of the submission. The February 22, 2010 Public Meeting Report (PSD-025-10) was focussed on the Second Revision. No one, other than the applicant's agent, spoke at the public meeting. 2.6 A Third and Final Revision submission of the Neighbourhood Design Plan which Planning Staff received on March 23, 2010 was in response to further agericy and staff comments on the .previous submission. This Report, PSD-057-1'0, provides recommendations that are in reference to the Third and Final Revision submission. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The limits of the portion of the Foster Neighbourhood subject to applications are King Avenue West on the south, Wilmot Creek Valleylands on the west, Highway 35/115 on the north, and Rudell Road on the east. The site has seven residences and is generally flat agricultural land, slightly rolling, sloping-down to the west, with rows of trees as field boundaries. The property contains a house, known as The Belmont, which was designated-under Part IV of the Ontario Heritage Act in 1988. The structure has very significant historical and cultural value to Clarington as the cellar of the building, with its several large rooms separated by brick arches, was built by Major. S.S. Wilmot, circa 1814, and contains the spring where his son, Samuel Wilmot, the father of Canadian fish aquaculture, began his experiments in the 1860's. The first fish hatchery in Canada was built on this property and the spot was marked with a Provincial plaque in 1967. Following a fire in 1898, the house was rebuilt on its foundation in essentially the same architectural style as the original. REPORT NO.: PSD-057-10 PAGE 4 3.2 The surrounding uses are as follows: North: Highway 35/115 and beyond, agricultural land South: Existing residences fronting King Avenue West and lands for the community park including the existing Newcastle & District Recreation Complex East: Existing residences, Rudell Road and beyond, vacant lands draft approved for subdivision development West: Wilmot Creek and its valleylands 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) requires Municipalities to provide for efficient settlement patterns with a range of uses and opportunities for intensification and' redevelopment. New development is to occur adjacent to existing built-up areas and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities, which includes schools. The Municipality is required to plan for public service facilities in a coordinated, efficient and cost-effective manner to accommodate projected needs. The PPS requires that significant built heritage resources and significant cultural heritage landscapes be conserved. Significant is defined as built heritage resources and cultural heritage landscapes that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. Conserved is defined as the identification, protection, use and/or management of cultural heritage in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment. 4.2 Provincial Growth Plan Since the site is outside the built boundary, the neighbourhood should be planned with a density target of 50 persons and jobs per hectare. A public secondary school is community infrastructure contributing to a complete community. In particular, an appropriate range of community infrastructure should be planned to meet the needs resulting from population changes and to foster complete communities. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the site Living Area. Amendment 128 to the Regional Plan confirms the need for conformity to the Provincial Growth Plan. The Regional Plan requires a wide variety of housing by type, size and tenure in Urban Areas, and that the full range of housing be developed in acost-effective and efficient manner..Also, Living Areas are to be an attractive living environment. A public secondary school is a public facility supportive of residential development and therefore, appropriate for Living Areas. Living Areas are to be compact in form through higher densities and shall support and provide access to public transit. More specific requirements include convenient pedestrian access to public transit, educational REPORT NO.: PSD-057-10 PAGE 5 facilities and parks. Roads are to be in a grid pattern and trails and pathways are to be provided too. 5.2 Clarington Official Plan The Clarington Official Plan designates the lands Urban Residential Area with a public secondary school symbol in the Foster Northwest Neighbourhood. The predominant use of lands designated Urban Residential shall be for housing. Abroad range of housing is to be provided in urban areas. Table 9.2 allows for 1,450 low density units and 200 medium density units in the entire Foster Neighbourhood. The Neighbourhood Design Policies state Neighbourhood Design Plans (NDP) shall include: road alignments; sidewalks; trails and walkways; potential transit and cycling routes; potential lotting; and siting of schools, parks (and parkettes), open space lands, stormwater management facilities and other community/utility uses. Residential neighbourhoods shall feature: grid streets; public buildings and spaces; natural and cultural heritage features protection; and avoidance of reverse lotting and acoustical fencing. Other uses that through activity, scale and design, are supportive of, compatible with or serve residential uses may be permitted such as schools. The objective of the Clarington Official Plan policies in regards to heritage buildings is to conserve and enhance the Municipality's cultural heritage resources. The inappropriate alteration of a cultural heritage resource is discouraged. Heritage resources are defined as properties of cultural or natural heritage importance, which would include buildings, structures, and their surrounding lands. The Clarington Official Plan designates King Avenue West as a Type A Arterial and as a Regional Transit Spine. Rudell Road is identified as a Collector Road as is the north- south road from Highway 2 northerly to where it intersects with the extension of Grady Drive, and east-west collector. The Clarington Official Plan designates the Wilmot Creek Valleylands, at the west end of the Foster Northwest Neighbourhood, as Significant Valleylands focussed on a Cold Water Stream, a part of the Natural Heritage System. Through Policy 4.4.35, an Environmental Impact Study is required for development applications witfiin or adjacent to any natural heritage feature identified on Map C. When the neighbourhood plan is implemented through application(s) for Draft Approval of a Plan of Subdivision, those application(s) within a 120 metre distance of the feat~rres will require an Environmental Impact Study. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the large majority of the subject lands "Agricultural Exception (A-1)" and the remainder "Environmental Protection (EP)". The public use provisions of Zoning By-law 84-63 permit a public secondary school in basically any zone including the "Agricultural Exception (A-1)" Zone. The lands are expected to be rezoned in the future together with applications for Draft Plan of Subdivision for the area. REPORT NO.: PSD-057-10 PAGE 6 7.0 PUBLIC SUBMISSIONS 7.1 As a result of the public notification process, to date, the Planning Services Department has received two inquiries or comments. One resident asked about land uses at specific locations near their home and the timing of construction within the proposed neighbourhood. Another resident had interest in, and sketched, a location in the neighbourhood for a future Newcastle Village GO Station. There are no plans by the Province to extend GO beyond Bowmanville at this time. 8.0 AGENCY COMMENTS 8.1 Comments have been received from the circulated departments and agencies regarding both the Clarington Official Plan Amendment and the Neighbourhood Design Plan. Most agency comments addressed the Neighbourhood Design Plan. Clarington Emergency & Fire Services offered no objections to the proposed Neighbourhood Design Plan or .Official Plan Amendment. 8.2 Clarington Engineering Services supported the Official Plan. Amendment in principle and the Neighbourhood Design Plan in concept, but noted that the following matters are to be resolved prior to approval of future proposed draft plan(s) of subdivision within the neighbourhood: • Road right-of-way widths • Connectivity to Rudell Road • Closure of Given Road • Traffic issues and recommended traffic controls through a traffic impact study • Phasing and implementation • stormwater management (east and west ponds) • Noise attenuation • Entrance features/pond enhancements, and • Sidewalk and street lighting construction on Highway 2 west of Rudell Road 8.3 Clarington Operations had no concerns with the proposed applications. Comments identified the need for a report in support of future applications for Draft Plan of Subdivision, detailing designs for review of each stormwater management pond, a stormwater inceptor upstream and connection to nearby hydro, for the western stormwater management pond. 8.4 The Clarington Heritage Committee was advised of the application for the Neighbourhood Design Plan when it was first submitted in 2007: they are in support of the conservation of the designated heritage building and its surrounding landscape. 8.5 Ganaraska Region Conservation stated no objection to the proposed Official Plan Amendment and no objection, in principle, to the Neighbourhood Design Plan submitted. However, they advised that an Environmental Impact Study (EIS) must be undertaken to determine the appropriate proximity of development to the Wilmot Creek Valleylands REPORT NO.: PSD-057-10 PAGE 7 prior to approval of any proposed Draft Plan of Subdivision or Site Plan application. The EIS may impact the ultimate design of the neighbourhood abutting the natural heritage feature. 8.6 The Public School Board noted the 6 hectare public secondary school site is acceptable provided the 6 hectare area is not diminished by any road widening, sight triangle or transit stop requirements. If such lands are required, the proposed secondary school site area of 6 hectares must be maintained by adjusting the remainder of the subdivision. Comments from the Public School Board request the portion of Given Road that runs through the secondary school site area be stopped up, closed and conveyed by the Municipality to the subdividers as part of subdivision draft approval. 8.7 The Separate School Board noted it currently has one elementary school in Newcastle. This school, St: Francis of Assisi, has sufficient space to accommodate any enrolment growth from the Foster Northwest Neighbourhood. The Board did not require any additional school sites in the Newcastle area for elementary or secondary.students and the proposed streets layout did accommodate easy walking access by any elementary students in this area to the above school. The Board noted a concern regarding the .provision of supervised access across Durham Highway 2, to and from the above school. 8.8 Durham Regional Planning noted the Growth Plan and Amendment 128 to the Regional Plan require Greenfield Areas in the Lake Ontario Shoreline municipalities to develop at a minimum gross density of 50 persons and jobs combined per hectare. It was noted the proposed Neighbourhood Design Plan does not achieve the 50 persons and jobs combined per hectare. Clarington staff were asked to provide justification and support for the shortfall. It was agreed each development is not required to meet this minimum target, and Clarington must be satisfied that development across the municipality achieves this density. Following further discussion and justification the Region provided verbal comments stating the application was exempt from Regional approval. A traffic study will be required in support of development applications in this area; The Regional Works Department has recently provided to the Regional Planning Department detailed. comments which are summarized below. The majority of the proposed development in the above neighbourhood is within the existing Zone 1 distribution system. The existing Arthur Street Zone 1 reservoir with a top water elevation of 135.5 metres results in below adequate water pressure for lands higher than 105 metres. The applicants may choose to grade the site to 105 metres of elevation, construct a Zone 2 booster pumping station or wait for Durham Region to construct new infrastructure. Anew Zone 1 reservoir is planned by Durham Region and will likely have a top water elevation of approximately 140-142 metres which will be sufficient to service the entire site. The new Zone 1 reservoir is forecast for construction after 2.015. A 400- 600 millimetre water feeder main extension will be required westerly on Durham Highway 2 from near North Street to eventually loop through proposed development to REPORT NO.: PSD-057-10 PAGE 8 Toronto and Milligan Streets to service the subject Neighbourhood and Newcastle generally. Most of this work is forecast for construction after 2015. The Newcastle Water Pollution Control Plant is approaching its maximum capacity to service existing and committed customers. Plant expansion construction is projected for 2014. Due to topography on the subject lands, the lands east of Rudell Road are generally tributary to the Foster Creek trunk sanitary sewer and Rudell Road sanitary sewage pumping. station. Depending on the timing of other developments within Newcastle the subject Neighbourhood may be dependent on a further extension of the Foster Creek trunk sanitary sewer southwest from Highway 401 to the existing Wilmot Creek Water Pollution Control Plant, including interception and abandonment of the Sunset Boulevard sanitary sewage pumping station. This project is scheduled for construction in 2012. The lands west of Rudell Road and the Rudell Road sanitary sewage pumping station (diversion) are dependent on the extension of the Wilmot Creek trunk sanitary sewer from Toronto and Milligan Streets, which is forecast beyond 2015. 8.9 Past comments from the Ontario Ministry of Transportation note the requirement fora 14 metre setback from the edge of the Highway 35/115 property, and the possible need for studies in the future. The studies will likely be required in support of individual plans of subdivision implementing the Neighbourhood Design Plan for stormwater management and traffic impact, the latter to be completed with particular concern for the Durham Highway 2/Highway 35/115 Interchange. 8.1.0 The Ministry of Natural Resources was circulated for comments given the provinces ownership of the Wilmot Creek Valleylands, which abut the subject Neighbourhood on the west. In response, the Ontario Realty Corporation noted that use of the valleylands for municipal trails may require property arrangements such as easements or licences. The Ministry of Natural Resources stated, additional design and construction details for the water management pond in the southwest corner of the, neighbourhood and outlet are requested as the information becomes available since the pond outlets onto the Crown Land property. Lots abutting the Crown Lands raise the question of setbacks and/or fencing, and details on these matters are requested. 9.0 STAFF COMMENTS 9.1 The submitted Clarington Official Plan Amendment proposes three changes to the Official Plan (see Attachment 2). It modifies, in Section 9.4.5, Table 9-2 -Housing Targets by Neighbourhoods, by increasing the Low Density Housing Units number from 1,450 to 1,575; by increasing the Medium density Housing Units number from 200 to 300; and correspondingly, the associated Foster Neighbourhood and Newcastle Village Urban Area Totals. The increase in medium density units necessitates the addition of three (3) medium density symbol on Map A4 -Land Use -Newcastle Village Urban Area, specifically in parts of the Foster Northwest Neighbourhood. The other consequence and third change is the increase in the total population target for Neighbourhood 3 Foster from 5,100 to 5,700, in Map H3 -Neighbourhood Planning Units -Newcastle Village Urban Area. REPORT NO.: PSD-057-10 PAGE 9 9.2 Durham Regional Planning has required an analysis to determine if a minimum gross density of 50 persons and jobs combined per hectare was being realized through the Clarington Official Plan Amendment and Neighbourhood Design Plan applications. Through the proposed amendment the Foster Northwest Neighbourhood with have approximately 1,423 residents and 77 employees (working at the secondary school) generating a total of 1,500 residents and jobs. Based on a total gross area of 34.8 hectares this yields 43.10 residents and jobs per hectare. This yield is short of the above figure of 50 by 6.90 residents and jobs per hectare or 13.8%. In response to the concerns raised by the Region, Clarington Planning Staff provided a written response advising that the shortfall in this community would be accounted for in future development in Bowmanville and Courtice. The Newcastle Village Urban Area has always been, and continues to be an urban area of lower density than Bowmanville or Courtice. The northwest quadrant of the Foster Neighbourhood remains the last area for development approval. Based on the current Official Plan designation and population targets the portion of the neighbourhood subject to applications would yield roughly 25.3 residents or jobs per ha combined, or approximately half the density targeted by the Growth Plan and Amendment 128. The proposed Official Plan amendment represents a dramatic improvement over the current situation and demonstrates the "spirit" of the Growth Plan, and Amendment 128 has been adhered to while providing for housing forms that are not out of character with the balance of the neighbourhood. The increase in combined residents and jobs per hectare offered by the proposed Official Plan amendment and Neighbourhood Design Plan represents the upper limit in density that can be accommodated in Newcastle Village without dramatic change and disruption to the community. A higher density-than what is proposed would create a different housing mix, likely out of character with the balance of the neighbourhood and Newcastle Village. The number of street townhouse units proposed is already a departure from Newcastle Village's typical built form and draft~approved plans. Conformity to the Growth Plan and Amendment 128 is not to be reduced to an accounting exercise and the 50 persons and jobs does not have to be met in each urban area, neighbourhood, or proposed plan of subdivision, but rather across a municipality as a whole. Bowmanville and Courtice are not only larger urban areas but, can more easily absorb higher densities. Staff is confident that the 240 persons and jobs, deficit (below 50 per hectare) in the Foster Northwest quadrant can be made up for in Bowmanville and/or Courtice. The Region has accepted staffs comments and has advised the application is exempt from Regional approval. 9.3 Durham Regional Works has offered detailed comments and timelines for the extension of services to the proposed neighbourhood. Water distribution will not be available until at least 2016 unless the developers involved do extensive site re-grading or construct and finance a booster pumping station. A water feeder main extension that will form a loop is required to service the subject Neighbourhood and it too will not be available until at least 2016. Sanitary sewage capacity in Newcastle Village is running out and more capacity is scheduled to be built after 2014. Also required is an extension of the Wilmot REPORT NO.: PSD-057-10 PAGE 10 Creek trunk sanitary sewer from Toronto and Milligan Streets which will not be available until at least 2016. 9.4 The March 23, 2010 proposed Neighbourhood Design Plan proposes to increase the density in housing/population numbers and in the diversity of housing form, exampled by the three different frontage widths for the single detached housing and allowance for on- street townhouses. The use of cul-de-sacs has been avoided where possible with only one present immediately north of the Given Road alignment east of the secondary school. The proposed Official Plan Amendment and Neighbourhood Design Plan conform to the Growth Plan and Amendment 128 in other ways. The development will be accessible to transit on King Avenue West permitting the secondary school and almost all of the housing in the neighbourhood to be within easy walking distance of a transit stop. Attractiveness of the neighbourhood to pedestrians is facilitated by a modified grid road network, the parkette in the centre of the neighbourhood and potential for pedestrian connections to both King Avenue West and Rudely Road, as well. as the secondary school, the stormwater management pond, and through the tableland open spaces and into, and even throughout, the Crown Lands (Valleylands) to the west. The secondary school is a key community infrastructure that supports not only the Foster Northwest Neighbourhood, but the Newcastle Village Urban Area. 9.5 The house known as The Belmont, an architectural and cultural heritage feature, is located in the northwest section of the neighbourhood.. The proposed Neighbourhood Design Plan shows The Belmont remaining on site, and in keeping with the cultural heritage resource policies of the Provincial Policy Statement, the entire block that The Belmont is located in, is undeveloped. It is reserved as a Heritage Dwelling Area and to the west, across the local street, is open space tableland which provides a pedestrian and visual link between The Belmont, its grounds and the Crown Lands (Valleylands). If in the future, any development is contemplated in the Heritage Dwelling Area, it will have to be justified by a Heritage Impact Assessment, or alternatively a conservation plan, for this Area. 9.6 The Ministry of Transportation-Ontario (MTO) has advised they require a 14 metre setback from the edge of the Highway 35/115 property to accommodate potential highway widening. Interpreted broadly, nothing required for the development of the neighbourhood is permitted in the 14 metre setback including noise fencing-and berming. Some realignment of the most northerly lots to the east, in Subdivisions 18T- 89059 and S-C-2007-0001, is anticipated to accommodate appropriate noise barriers. When the acoustical engineering and consequent re=lotting is done, the northeast corner may need to be redesigned to "dovetail" with the new layout and the awkwardly sized lot will shrink to a more normal size or disappear. Rational development of the Foster Northwest Neighbourhood will be facilitated through development which is divided into Phases 1 to 4. REPORT NO.: PSD-057-10 PAGE 11 9.7 The Official Plan policies allow convenience commercial (corner) store uses subject only to rezoning and site plan approval. There is an opportunity for such a use immediately north of the south western stormwater management pond on the west side of the north- south collector road at the intersection. Such a use will contribute to neighbourhood completeness. 9.8 The Official Plan Amendment and Neighbourhood Design Plan applications have been the subject of two public meetings.. The first was on November 17, 2008 at the General Purpose and Administration Committee Meeting, with no members of the public, before or during the meeting, expressing interest in the applications. The second was much more recently, February 22, 2010, again at the General Purpose and Administration .Committee Meeting, with one member of the public before, and one member of the public after the meeting, making brief counter inquiries about the applications. In light of the public exposure of these applications and the resulting very limited level of public interest, a separate public information centre for the proposed Neighbourhood Design Plan was not held. 9.9 The Ganaraska Region Conservation Authority has made it clear to the Municipality that although the large majority (about 80%) of the Subwatershed Study work for the Foster Northwest Neighbourhood has been completed through the Wilmot Creek Watershed Study which is being finalized at this time, there remains about 20% of the work outstanding which would be focussed on matters such as stream erosion and restoration ("fluvial geomorphology"), stormwater management criteria ("hydrology") and Foster Northwest Neighbourhood ("planning area") natural heritage targets. The work undertaken by the Conservation Authority will form the foundation for an environmental impact study that will be done as part of the process when proponents of individual plans of subdivision are seeking draft approval to develop portions of this neighbourhood. It is recognized that the environmental impact studies recommendations may cause some alterations to the Neighbourhood Design Plan as a result of required separation from environmental features. 9.10 Clarington Engineering Services and Clarington Operations have no concerns with the Official PIan.Amendment and the Neighbourhood Design Plan. They have a considerable number of requirements that are to be fulfilled at the Draft Plan of Subdivision stage. 9.11 The Separate School Board noted a concern with the provision of supervised access across Durham Highway 2, to and from St. Francis of Assisi Elementary School. It is expected that there will be traffc signals at the Durham Highway 2/Rudell Road intersection when development north of King Avenue West commences and warrants increase. 9.12 Taxes for the subject properties have been paid in full. REPORT NO.: PSD-057-10 10.0 CONCLUSIONS PAGE 1.2 10.1 In consideration of the provincial policy, the Clarington Official Plan, agency comments and staff comments, it is recommended that the Official Plan Amendment application as per Attachment 2 (Amendment No. 74) be approved. As per the Council approved guidelines, Neighbourhood Design Plans are not approved by Council. The Neighbourhood Design Plan as contained in Attachment 3 will be approved by the Director of Planning Services and provide design direction for future subdivision applications. Staff Contact: Bob Russell Attachments: Attachment 1 -Site Location and Key Map Attachment 2 -Proposed Official Plan Amendment No. 74 By-law Attachment 3 -Proposed Neighbourhood Design Plan List of interested parties to be advised of Council's decision: Durham Region Planning Department D.G. Biddle & Associates Ltd. Patricia Stephenson Robert Stephenson Garthwood Homes Ltd. Roslyn Houser Clark Morawetz Richard Wicha Gerald Brown Clarington Heritage Committee, c/o Isabel Little Newcastle Village & District Historical Society, c/o Allan Kirby Ministry of Natural Resources, c/o Theresa Fancy Municipal Property Assessment Corporation, c/o Michael Porporo Clarington Museum & Archives, C/O Martha Rutherford Attachment 1 To Report PSD-057-10 ~ 2 ~ as ~~ m ~~ ~ _ o~ .. ~ 2 d y O ~ ~ ~ E p d O v as i~3ona ~ oQ ys3 m N o c c aL ? s a ~O 4. Z N iv ~ !`~c^ =U' N ~ d d ~ ~ y6 = v y ~ c ~v O ~'S4u ~ a O '~ Q N is ti ~ Q O '~ 'd O ~ V O ~ C •NNN J ~ d O W ~ d ~ J •~ C ~ V a )~ v O~z ~~ ado ~~3an~- .. i~ ~ ~. _ _ .,,~ ~ -- - -- = ., ., ///, _ _- N / _~,. - ~ Q ~~/ - _ ~~~ - _ ~~ ~~/ ~ ~ ~ Q. ~-s -- -_ ~y - -- ~ _ Attachment 2 To Report PSD-057-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW N0.2010- being a By-law to adopt Amendment No. 74 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit for the Foster Neighbourhood: the addition of three medium density residential symbols, and an increase in neighbourhood housing and population targets; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 74 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. That this By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk AMENDMENT N0.74 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To provide for a moderate increase in residential density and the approval of a Neighbourhood Design Plan for orderly residential subdivision. development on lands located north of 'King Avenue West (Durham Highway 2) and west of Rudell Raad, Newcastle Village. LOCATION: The subject site is located north of King Avenue West, east of the Wilmot Creek valleylands, south of Highway 35/115, and west of Rudell Road, in Newcastle Village, former Township of Clarke, now in the Municipality of Clarington. BASIS: This amendment is based on an application for a Neighbourhood Design Plan, prepared by D.G. Biddle & Associates Ltd., and reviewed by public agencies and _ municipal staff. In addition, consideration is given to policies of the Growth Plan for the Greater Golden Horseshoe and Regional Official Plan Amendment 128. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by: i) In Section 9.4.5, Table 9-2 "Housing Targets by Neighbourhoods" by amending the target for Foster Neighbourhood - N3 and all corresponding totals as follows: ' >~:: Table 9-2,; ,_ ~. ~~ ~ ~,~~, , ~,~ a Housin Tar' ets b Nei hkiourhoods Urban Area Housin Units Neighbourh Low Medium High Intensification Total oods Newcastle 1575 .300 0 125 2000 Village N3 Foster Total 5160 1075 300 350 6885 ii) By Amending Map A4-Land Use -Newcastle Village Urban Area as shown on Exhibit "A" to this amendment. iii) By Amending Map H3-Neighbourhood Planning. Units - Newcastle Village Urban Area as shown on Exhibit "B" to this amendment. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. Exhibit "A", Amendment No. 74 To the Municipality of Clarington Official Plan, Map A4, Land Use, Newcastle Village Urban Area ./ N 3y~~~y , ~`G~~P / ADD "MEDIUM DENSITY ~ RESIDENTIAL" SYMBOLS M N ~, °a M M ~ J O O ~ O KING AVENUE CP EDWARD STREE Exhibit "B", Amendment No. 74 To The Municipality of Clarington Official Dlan Man H3_ Neighbourhood Planning Units, Newcastle Village Urban Area .., .....P ---v ---.. ~~~-~ I / 1 5 NORTH VILLAGE I / (3900) ~ i I Change From ' c.p.R ~ (5100) To (5700) ~~ 3 7W FOSTER ~ (5700) ~ E 1 KING- STREET ~ E 500 2 GRAHAM ~ ~ ~ (3700) ~~ ~ HIGHWAY 401 r ~` 6 C.N.R. WILMOT ~ (1600) 4 ~ PORT NEWCASTLE ~ ~J/ (2800) ~ i ~~ LAKE ONT.4R/O 4 MAP H3 NEIGHBOURHOOD PLANNING UNITS NEWCASTLE VILLAGE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON JANUARY 2, 2007 0 200 400 eoo soo m REFER TO SECTIONS 5 AND 9 200 m Attachment 3 To Report PSd-057-10 - ~ Y ~ ~ e x e~ S a== s° '~ ~ kk G ~ U ~ ~~'' ~ ~ ~~ za ~~ werp w,go Foooo{ ~ `" ~ ~ ~ ~ ~ ~~ ~~~ a ~ .a so~ o.o~o _~~~ ZIP ~ W ~ ~ ~ ~EffE ~ ~~~~~~ g°F -n- Ge c W = V N ; N n ~ FF~~ 44 ~0$i ®g~ @$~ 'I tp ~ ~ ~ J ~ ~ ~ ~ W W 4 6 b b W ~ E4 [ YY k S k ~ B ~ ~ ~ .~ n rn g 9 0 'rn ~ ~'x~ z~~~~~ a'" ~ It E ~ ~ o o a ~ ~ aaao~® ; . ~~ g ~~~~ ~~~ ~~~ ~ ~ ~ ~ Q 9 ^ ~ 4 ~ E iI g R z ~ a;I g ;D u u ~~ A ~ o,ffia a~ ~ Q u~~ ~ °'~~ ~ v a ~~ m i S D i M ~_1\LI_I__J ~~i r- QQ ~__ ~~=~ i _ ~/ ae _- , ~ a r C~_LI ~ o ;` --_- ~' ~~ l 1 ~Q t -I t~ 1 ~ - 1 ,_~~__ ._---I 1 8 I i, s~ i~ _ 11~1ll~~~1~~ I ~ ~o i - ------- °~~ il~i!~ /~IrIlli~ ~ ~~ ' T_ ~, ~l ~1~ ~1. 11 - J -_=- - -- -----.. hk I :l II ;~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ -~ ~ ~ I~-I i~ - _ ~ ~~~:~-~1 ~ ~~ ~ ~ I --_~ ~ -_ 1~ d.~,..~ ~ ~, ~ ~ , _ P ova ~oqz cps NO~sYNOahs ~ ~ ~ - I - I _r - -- I I i ~ - -~-~- --T~~-- --1, ~~ ~ ~ I _il_ ~I ~ I ll1 ~1~ / /~= ; ~ o I _ _ _ __ -- -i_,- "~ _ ~ I I -I ~ - I~ I.- - I ~_~ ~ I I I ~~ I I ' ~ I- ,~ ~~ I j 4 ~,_T I T 1 I - ~~ t ~ i I ~~ ~ N .. I ~ ~ ! ~ ~ }} ~ ~ ~ ~ i ~ ' _ s ~ ~~' "(~~ I _ I ~ ~' - : 2 ~, - .l ~ ~ -- -~~ r e' i i'~~I ~ ~- ~~ ~ ~ ~ ~` -~~ ~~ i _ __ , J' ~ 4 ;r ~ ~_ ~E ~~ 5 !~__- ~_. I 3`-, ~ -, ~~ I ~~ , r~ ~f. [,f~i t ~ ~ ~ . ~____ ~__._ __.__._____ ti!I aZ I _ __u_. ~~. ~' ~ _ r~ r~ i ~ N~ , --- ~_.~ _ ~ .- I .~ , - : _ ~ 1 ~ , ~ I i I _ _ ~ ~ ~~: ~ ~ ~ ,~ ' I ~ - I I '-_ ~~ ~ ~.~ l f~ - - ~~ ~~~ ~ ~ 7 - ~ 1 ~ ~ ~ iNN~ ~ ~_ ~ ~ • ~ ,~' w I Y~~i~ t ~ ~. ~ .~~. 1- ~ '_ ,~. ,. , ~`~ ~~ ~ ~' \ _- s' OI z c~ 0 ro O 0 s UNFINISHED BUSINESS #2 Excerpt of General Purpose and Administration Committee Minutes May 3, 2010 RECONSTRUCTION OF LIBERTY ST. FROM BASELINE TO KING ST. E. - BOWMANVILLE Resolution #.GPA-275-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report EGD-016-10 be received; THAT Council endorse the recommendations within Report EGD-016-10; THAT the Region of Durham be requested to reprioritize their Capital Works projects to include the total reconstruction of Liberty Street rather than to proceed with interim surface condition improvements; THAT a copy of Report EGD-016-10 be forwarded to the Clarington Traffic Management Advisory Committee; and THAT a copy of Report EGD-016-10 be forwarded to the Commissioner of Works, Region of Durham. MOTION TABLED (See following motion) Resolution #GPA-276-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report EGD-016-10, regarding reconstruction of Liberty St. from Baseline to King St. E., Bowmanville, be tabled to the Council meeting of May 10, 2010. CARRIED • 1 ~ n a~ Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday May 3, 2010 Resolution #: Report #: EGD-016-10 File #: By-law #: Subject: RECONSTRUCTION OF LIBERTY ST. FROM BASELINE RD. TO KING ST. E. - BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-016-10 be received; 2. THAT Council endorse the recommendations within Report EGD-016-10; 3. THAT the Region of Durham be requested to reprioritize their Capital Works projects to include the total reconstruction of Liberty Street rather than to proceed with interim surface condition improvements; 4. THAT a copy of Report EGD-016-10 be forwarded to the Clarington Traffic Management Advisory Committee; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: EGD-016-10 PAGE 2 5. THAT a copy of Report EGD-016-10 be forwarded to the Commissioner of Works, Region of Durham. Respectfully by, S miffed by: A.S: Cannella Director of Engineering Services ~~~~ Reviewed by: Franklin Wu Chief Administrative Officer ASCro/dvrb April 27, 2010 REPORT NO.: EGD-016-10 1.0 BACKGROUND PAGE 3 1.1 At its March 18, 2010 meeting, the Clarington Traffic Management Advisory Committee heard from the representative of the Regional Municipality of Durham that the reconstruction of Liberty Street from Baseline Road to King Street East has been delayed until the year 2017. This year the Region plans only to make improvements to the surface condition of the road and to relocate the intersection pedestrian signal to Parkway Crescent from its current location south of Parkway Crescent. 1.2 The Committee members were very concerned about the delay of this project and expressed deep dissatisfaction with the Region's decision. In particular, they expressed concern for the congestion on Liberty Street as it pertains to the passage of emergency vehicles (fire, police, and EMS) especially given the location of Lakeridge Health -Bowmanville. 1.3 At the General Purpose and Administration Committee meeting of Monday, March 29, 2010, Council gave the following direction "THAT staff report back to the Committee on the Region of Durham's delay of the Liberty Street reconstruction". 2.0 STATUS REPORT ON THE RECONSTRUCTION OF LIBERTY STREEt 2.1 Staff have researched previous files on this matter and have found correspondence dating back to 2001 about the congestion and safety of Liberty Street. In 2002, the Region completed a study in response to a petition they received "regarding traffic safety on Liberty Street (Regional Road No. 14) between Baseline Road and King Street in Bowmanville", and the results of the study were presented to the Region at the June 5, 2002 Works Committee meeting. REPORT NO.: EGD-016-10 2.2 The report states that: PAGE 4 "Liberty Street is experiencing a significant number of safety and capacity constraints, predominantly due to inconsistently and poorly spaced intersections, lack of exclusive left-turn lanes, mixed land use, indiscriminate pedestrian crossings with limited gap opportunities, irregular pavement surface conditions [and] -the absence of alternative routes and limited road capacity. Most importantly, accumulating vehicular conflicts and pedestrian traffic at the Queen Street intersection is problematic and requires remedial measures to resolve sight- line deficiencies and capacity concerns." 2.3 The report concludes that: "Liberty Street south of King Street to Baseline Road is experiencing above-average collisions associated with an increase in traffic volume, limited roadway capacity and safety deficiencies. Short term improvements (lane marking, signage, and surface pavement repairs) will be undertaken in 2002. "Funding provisions for the installation of a pedestrian traffic signal at the Victoria Street/Jane Street intersection will be allocated in the 2003 Signal Installation Program. "Medium-term capital improvements, estimated at approximately $540,000 (exclusive of utility relocation and minor property acquisitions) are ,required to widen the roadway for a two-way common centre left-turn lane in order to accommodate increased .traffic growth and safety operational improvements. This work is proposed in the 4-year Capital Road Program, subject to budget approval and prioritization of other competing projects." 2.4 The project has remained in the Region's 4-year budget forecast, but has consistently been delayed, more recently because of a substantial decrease in development charge receipts which are used to fund regional road expansion projects, including Liberty Street. We understand now that significant budget shortfalls being experienced by the Region which means careful prioritization of Regional expansion projects and a further delay of the Liberty Street works. REPORT NO.: EGD-016-10 PAGE 5 3.0 CONCLUSION 3.1 The Region has consistently included the reconstruction of Liberty Street from Baseline Road to King Street in their 4-year budget forecast in the past, but the Municipality has recently learned that the reconstruction of Liberty Street has been delayed until 2017. In the meantime the Region has agreed instead to make interim improvements to the surface condition which includes manhole repairs, replacement of portions of curb and gutter and resurfacing from Baseline Road to Queen Street. 3.2 Liberty Street is a Type `B' arterial road with an 8.5 metre pavement width and an AADT of over 17,000. It experiences significant congestion in the a.m. and p.m. peaks which results from a number of operational difficulties. As stated earlier, "Liberty Street is experiencing a significant number of safety and capacity constraints, predominantly due to inconsistently and poorly spaced intersections, lack of exclusive left-turn lanes, mixed land use, indiscriminate pedestrian crossings with limited gap opportunities, irregular pavement surface conditions, the absence of alternative routes and limited road capacity". Interim surface condition works will do little to address these high priority constraints. 3.3 The Traffic Management Advisory Committee has requested that the Engineering Services Department send a letter to the Region's Public Works Department requesting that the project be advanced. We believe even more can be done than that. 3.4 The complete reconstruction of Liberty Street from Baseline Road to Highway #2 in Bowmanville is a project of significant status to the residents of Bowmanville and to Clarington Council. We would therefore respectfully recommend that the Region of Durham be requested to reprioritize their Capital Works projects to include the total reconstruction of Liberty Street than to proceed with interim surface condition improvements. SUMMARY OF BY-LAWS May 10, 2010 BY-LAWS 2010-051 Being a by-law to repeal By-law 2010-049, being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1559306 Ontario Ltd.) 2010-052 Being a by-law to adopt Amendment No. 73 to the Clarington Official Plan (Item 2 of Report #1) 2010-053 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Norm and Jo-Anne Lansing) (Item 2 of Report #1) 2010-054 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Kaitlin Homes Aspen IV Ltd.) (Item 3 of Report #1) 2010-055 Being a by-law to establish a Clarington Municipal Election Compliance Audit Committee for the 2010-2014 Term (Item 10 of Report #1) 2010-056 Being a by-law to adopt Amendment No. 74 to the Clarington Official Plan (Patricia Stephenson, Robert and Daniele Stephenson, and Garthwood Homes Limited (Unfinished Business #1) HANDOUTS/CIRCULATIONS COUNCIL • 111 11 MEMO eading the Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: May 6, 2010 Subject: BY-LAW 2010-051 .Please be advised that By-law 2010-049, being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1559306 Ontario Ltd.) was passed in error at the April 26, 2010 Council meeting and is therefore being repealed by By-la 2010-051. I apologize fort oversight. Patti L. Barrie, CMO Municipal Clerk PLB/cf cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 CI~11~; ~On M E M O eading the Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: May 7, 2010 Subject: COUNCIL AGENDA -MAY 10, 2010 'lOMAY07 Pr1 4:31 ~45 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE Receive for Information I - 9 Gabriel Sekaly, CMA, Chief Executive Officer, Institute of Public Administration of Canada (IPAC) and Paul Macmillan, CMC, Partner and Public Sector Leader, Deloitte, advising of the establishment of the Public Sector Leadership Award, an award to recognize leaders who are making positive change in how services are delivered, resources are deployed and results achieved with fewer resources and smaller budgets to meet conflicting goals; indicating the awards are designed to celebrate leadership at all orders of government, healthcare organizations, education institutions and not-for-profit organizations; indicating eligibility criteria and application forms are available at www.leadershioawards.ca; and, extending an invitation to submit an application for any programs where outstanding leadership enabled major organizational transformation. The deadline for submission is May 31, 2010. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO Correspondence for Direction PAGE 2 D - 7 Ailan Kirby, President, Newcastle Village and District Historical Society, providing historical information on Joseph E. Atkinson, a great Canadian and native of Newcastle, and supporting the naming of a street after Mr. Atkinson in Newcastle; acknowledging a minor duplication issue regarding a similar name in Ajax; and, requesting that an amendment be made to the street naming by-law and that Clarington Council forward a resolution to the Region of Durham requesting that the proposed street name "Joseph Atkinson" be reserved for use by the Municipality of Clarington. (Motion for Direction) D - 8 Angie Darlison, Executive Director, Clarington Older Adult Association (COAA) advising that the COAA has been raising funds for their "Wheels in Action Campaign" since January 1, 2010 and have raised $29,651.11 as part of the donation collection campaign for the purchase of a passenger minivan; indicating that the organization has received 5 informal bids from four dealerships in Clarington; and, requesting that all funds currently held within the Older Adult Capital Reserve Account be released and that Council waive the requirements of the Purchasing By-law to allow the Purchasing Manager to award an order td Clarington Toyota for the purchase of the minivan. (Motion to approve the release of all funds within the Older Adult Capital Reserve Account and that the Purchasing By-law be waived to facilitate the Claringtdn Older Adult Association's purchase of a passenger minivan from Clarington Toyota) REPORT #1 Attached please find a corrected page 7 of Report #1. CLERK'S DEPARTMENT MEMO UNFINISHED BUSINESS PAGE 3 Attached is a Memorandum from Faye Langmaid, Acting Director of Planning Services advising that all interested parties have been notified regarding Report PSD-057-10 -Proposed Neighbourhood Design Plan and Official Plan Amendment to Add Three (3) Medium Density Residential Symbols and Change Housing and Population Targets in the Foster Neighbourhood of the Official Plan (Patricia Stephenson, Robert and Daniele Stephenson, and Garthwood Homes Limited). Patti L. Barrie, CMO Municipal Clerk PLB/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS May 10, 2010 a) Lynn Helpard -Report PSD-057-10 -Proposed Neighbourhood Design Plan and Official Plan Amendment to Add Three (3) Medium Density Residential Symbols and Change Housing and Population Targets in the Foster Neighbourhood of the Official Plan (Patricia Stephenson, Robert and Daniele Stephenson, and Garthwood Homes Limited) (Unfinished Business #1) b) Bob Kreasul -Report CAO-004-10 -Dredging of Bowmanville Creek (Staff Report #1) Report #1 - 7 - May 10, 2010 THAT the delegation of Mr. Jim Richards, requesting an apology from Mayor Abernethy for curtailing his freedom of speech as guaranteed under the Canadian Charter of Rights and Freedom, be received with thanks. 21. DELEGATION OF JEREMY WOODCOCK, REGARDING THE MUNICIPALITY'S FACILITY RENTAL POLICY FOR MUNICIPAL ELECTIONS RELATED ACTIVITIES THAT the delegation of Jeremy Woodcock, regarding the Municipality's facility rental policy regarding municipal elections, be received with thanks. 22. SEWAGE CAPACITY THAT the Directors of Planning and Engineering Services Departments meet at the earliest convenience with the Commissioner of Works of the Region of Durham, to discuss the current available sewage capacity situation in Bowmanville; and THAT Staff report to Council on the remedy of the sewage capacity issues as soon as possible. l~tlC[i.111~~ [~1.i11 Leadia8 the way 'ja~ay~osPM 3:ao:2i MEMO TO: Mayor and Members of Council FROM: Faye Langmaid, Acting Director, Planning Services DATE: 7 May 2010 RE: INTERESTED PARTIES NOTIFICATION FOR REPORT PSD-057-10 FILE NOS.: COPA 2007-0014 (X-REF: PLN 31.5.11) At the General Purpose and Administration Committee meeting held on May 3, 2010, PSD-057-10 was tabled to the May 10, 2010 Council Meeting. The interested parties that had not received notification were all notified of the pending report. The two (2) adjacent landowners on the interested parties list received hand delivered notices, the remainder received notification by mail. F ye Langmaid /df Cc: Frank Wu, C.A.O. Patti L. Barrie, Municipal Clerk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 7(905)623-3379 F (905)623-0830